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THE WORKS.

FRANCIS BACOW. ?

Hord Chancellor of Englany,.

A NEW EDITION:

BY

BASIL MONTAGU, ESQ.

VOL. VIL.
LONDON:
WILLIAM PICKERING.
MDCCCXXVII. ] le
ae

‘Thomas White, Printer,

Crane Court.

I.

PREFACE.

Tuis Volume contains

THEOLOGICAL TRACTS.
1. Prayers.

3.

Sr

1. A Prayer, or Psalm, made by
the Lord Bacon, Chancellor of
England :

2. A Prayer made by the Lord ine
cellor Bacon

3. The Student’s Prayer

4. The Writer’s Prayer

A Confession of Faith

The Characters ofa Believing Chrisuan:
in Paradoxes and Seeming Contra-
dictions

. An Advertisement, bachine the Con-
troversies of the Church of England —
. Certain Considerations, touching the

better Pacification and Edification
of the Church of England

. The Translation of certain Psalms into

English Verse

. An Advertisement coenne a Holy

War

. Questions about the Teves of a

War for the Propagating of Religion

VOL. VII. b

28

61

98

112

145

li PREFACE.

II. MISCELLANEOUS.
“1, Mr. Bacon’s Discourse in praise of his
Sovereign ‘
~ 2. A proclamation ean for his Majesty’ S
first coming in
3. A Draught of a Proclamation feueiine
his Majesty’s style
i Physiological Remains
. Medical Remains
iN E aT CHARGES AND TRACTS
1, Speeches :
1. On taking his en in Ohencer
2. Before the Summer Circuits
alo Sir VV. Jones
4. To Sir J. Denham
5. To Justice Hutton
2. Ordinances for regulating the Court of
Chancery
3. Papers relating to Sir Bun, Coke
4, Charge against Whitelocke ;
5. Letters relating to Legal Proceedings .

6. Innovations introduced into the laws
and Government .

§ 1.
THEOLOGICAL TRACTS.

491

731

791
137
226
241

241
258
263
267
270

273
296
281
387
406

410

Archbishop Tenison’s Baconiana contains the fol-
lowing passage: “ Last of all, for his Lordship’s
writings upon pious subjects, though for the nature
of the argument they deserve the first place; yet

PREFACE. ii

they being but few, and there appearing nothing so
extraordinary in the composure of them, as is found
in his Lordship’s other labours, they have not ob-
tained an earlier mention. They are only these :—
“ His Confession of Faith, written by himself in
English, and turned into Latin by Dr. Rawley, (a)
the questions about an Holy War, and the Pray-
ers, in these Remains; (c) and a translation of cer-
tain of David’s Psalms into English verse. With
this last pious exercise he diverted himself in the
time of his sickness, in the year twenty-five. When
he sent it abroad into the world, he made a dedica-
tion of it to his good friend, Mr. George Herbert,
for he judged the argument to be suitable to him,
in his double quality of a divine and a poet.”

In the life of Lord Bacon, by Dr. Rawley, “ his
lordship’s first and last chaplain,” as he always
proudly entitles himself, there is the following pas-
sage : “ This lord was religious: for though the world
be apt to suspect and prejudge great wits and poli-
tics to have somewhat of the Atheist, yet he was

(a) 1658, in the Opuscula.

(c) Baconiana 72. In p. 99, Tenison says, “ Under the
fourth head of Theological Remains are contained only a few
questions about the lawfulness of a holy war; and two prayers,
one for a philosophical student, the other for a writer. The
substance of these two prayers is extant in Latin in the Organon,
p- 19, ad Calc partis prime, and Scripta, p. 451, and after title
page. See postea of this preface vii.

In page 181, of Baconiana, are the Students and Writers
Prayers.—See this vol. page 7.

iV PREFACE.

conversant with God, as appeareth by several pas-
sages 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 men back
to God again.’ Now I am sure there is no man that
will deny him, or account otherwise of him, but to
have him 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.”

The passage to which Dr. Rawley alludes, is in
the “Advancement of Learning,”(d) where he says,“ It
isan assured truth, and a conclusion of experience,
that a little or superficial knowledge of philo-
sophy may incline the mind of man to Atheism,
but a farther proceeding therein doth bring the
mind back again to religion ; for in the entrance of
philosophy, when the second causes, which are next
unto the senses, do offer themselves to the mind of
man, if it dwell and stay there, it may induce some
oblivion of the highest cause; but when a man
passeth on farther, and seeth the dependence of

(d) Vol. I. p. 13.

PREFACE, 4

causes, and the works of Providence; then, accord-
ing to the allegory of the poets, he will easily be-
lieve that the highest link of nature’s chain must
needs be tied to the foot of Jupiter’s chair. To
conclude, therefore, let no man, upon a, weak con-
ceit of sobriety, or an ill-applied moderation, think
or maintain, that a man can search too far, or be too
well studied in the book of God’s word, or in the
book of God’s works—Divinity or Philosophy.”
The same sentiment, and almost the same words,
may be found in his “ Meditation on Atheism,” in
the “ Meditationes Sacre,’(/) and in his “ Essay on
Atheism” in his Essays. (g)

The several passages throughout the current of
his writings, in which it appears that Lord Bacon was
conversant with God, it would not, I fear, be proper
for me in this place to do more than enumerate. They
may be found in two volumes, entitled, “ Le Chris-
tianisme de Francois Bacon, (#) and there is scarcely

(f) Vol. I. p. 215. (a) Violet. pe ad:

The following similar sentiment is in the general corollary
to Hume’s Essays: ‘‘ Though the stupidity of men, barbarous
and uninstructed, be so great, that they may not see a sove-
reign Author in the more obvious works of nature, to which they
are so much familiarised ; yet it scarce seems possible, that any
one of good understanding should reject that idea, when once
itissuggested to him. A purpose, an intention, a design is evi-
dent in every thing; and when our comprehension is so far en-
larged as to contemplate the first rise of this visible system, we
must adopt, with the strongest conviction, the idea of some in-
telligent cause or Author.”

(h) Published at Paris, An. VII.

vl PREFACE.

a work of Lord Bacon’s, in which his religious senti-
ments may not be discovered. Amongst his minor
productions, they may be seen ; in the “ Meditationes
Sacre :”(?) in the “ Wisdom of the Ancients ;”(/) in the
“ Fablesof Pan,(/)of Prometheus, (m) of Pentheus,() and
of Cupid: (0) in various parts of the Essays, but particu-
larly in the Essay on Atheism(v) and Goodness of Na-
ture,” (7) in the“ NewAtlantis, (g) animaginary college
amongst a Christian people, full of piety and humanity,
whose prayer is—“ Lord God of heaven and earth, thou
hast vouchsafed of thy grace, to those of our order, to
know thy work of creation, and thesecretsof them; and
to discern, as far as appertaineth to the generations
of men, between divine miracles, works of nature,
works of art, and impostures and illusions of all
sorts. Ido here acknowledge and testify before
this people, that the thing which we now see before
our eyes, is thy finger, and a true miracle ; and for-
asmuch as we learn in our books, that thou never
workest miracles, but to a divine and excellent end,
for the laws of nature are thine own laws, and thou
exceedest them not but upon great cause, we most
humbly beseech thee to prosper this great sign, and
to give us the interpretation and use of it in mercy ;
which thou dost in some part secretly promise by

(t) See Vol I. p. 203, and preface to Vol. I. xxiii.
(#) Vol, III. p. 1, and preface, p. 2. (2) Vol. III. p. 11.
(0) Vol. III. p. 43. (n) Vol. IIL. p. 29.

(m) Vol. IIT. p. 68. (p) Vol. I. p. 40.
(q) Vol II. p. 336, (x) Vol I. p. 53.

PREFACE. Vil

sending it unto us ;” and the conditions of entities (7)
in the Baconiana, thus concludes: This is the Form and
Rule of our Alphabet. May God, the Creator, Pre-
server, and Renewer of the Universe, protect and
govern this work, both in its ascent to his glory,
and in its descent to the good of mankind, for the
sake of his mercy and good will to men, through his
only Son [Immanuel] God-with-us.”

These sentiments are not confined to the minor
productions of Lord Bacon but pervade all his works.
They may be seen in his tract,—“ De principiis
atque originibus secundum fabulas Cupidinis et
Ceeli: sive Parmenidis et Telesii, et preecipue Demo-
criti philosophia, tractata in fabula.” The intro-
duction to his “‘ Historia naturalis et Experimentalis,
Que est Instaurationis magne pars tertia,” con-
cludes thus: “‘ Deus Universi Conditor, conservator,
Instaurator, hoc opus, et in ascensione ad Gloriam
suam, et in descénsione ad bonum humanum, pro
sua erga Homines, Benevolentia, et Misericordia,
protegat et regat, per Filium suum unicum, Nobis-
cum Deum.”(s) And in the conclusion of the Preface
to the Instauration he says, “‘ Neque enim hoc siverit
Deus, ut phantasie nostra somnium pro exemplari

(r) Baconiana, 91.

(s) May God the Creator, Preserver, and Restorer of the
universe, out of his kindness and compassion towards man-
kind, protect and govern this work, both when ascending
towards his glory, and descending to the improvement of man,
through his only son,* God with us.

* Translation of _Jmmanuel.

Vill PREFACE.

mundiedamus: sed potius benigne faveat, ut apocalyp-
sim, ac veram visionem vestigiorum et sigillorum
Creatoris supercreaturas, scribamus. ‘“Itaque tu,
Pater, qui lucem visibilem primitias creature de-
disti, et lucem intellectualem ad fastigium operum
tuorum in faciem hominis inspirasti; opus hoc,
quod a tua bonitate profectum, tuam gloriam re-
petit, tuere et rege. ‘Tu, postquam conversus es
ad spectandum opera, que fecerunt manus tue,
vidisti quod omnia essent bona valde; et requievisti.
‘At homo, conversus ad opera, que fecerunt manus
suz, vidit quod omnia essent vanitas et vexatio spiri-
tus ; nec ullo modo requievit. Quare si in operibus
tuis sudabimus, facies nos visionis tuz et sabbati tui
participes. Supplices petimus, ut hee mens nobis
constet : utque novis eleemosynis per manus nostras
et aliorum,quibus eandem mentem largieris, familiam
humanam dotatam velis. (¢)

(¢) May thou, therefore, O Father, who gavest the light of
vision as the first fruits of the creation, and hast inspired the
countenance of man with the light of the understanding as the
completion of thy works, guard and direct this work, which
proceeding from thy bounty, seeks in return thy glory. When
thou turnedst to look upon the works of thy cash sawest
_ that all were very good and didst rest. But man, when he turned
towards the works of his hands, saw that they were all vanity
and vexation of spiritand had no rest. Wherefore if we labour
in thy works thou wilt make us partakers of that which thou be-
holdest and of thy sabbath. We humbly pray that our present
disposition may continue firm, and that thou mayest be willing
to endow thy family of mankind, with new gifts through our
hands, and the hands of those to whom thou wilt accord the
same disposition.

e

te

a

PREFACE. ix

‘ The Treatise “ De Augmentis Scientiarum,”
- abounds with religious sentiments, and contains two
tracts, one upon natural, (¢) the other upon inspired
divinity,“ the sabbath and port ofall mens’ labours.”(z)
In the Novum Organum, under the head of Instances
of Divorce,(z) there is the following observation:
** Atque in radiis opticis, et sonis, et calore, et
aliis nonnullis operantibus ad distans, probabile est
media corpora disponi et alterari: ed magis, quod
requiratur medium qualificatum ad deferendam ope-
rationem talem. At magnetica illa siue Coitiua
virtus admittit media tanquam adiaphora, nec impe-
ditur virtus in omnigeno medio. Quod si nil rei
habeat virtus illa aut actio cum corpore medio, sequi-
tur quod sit virtus aut actio naturalis ad tempus non-
nullum, et in loco nonnullo, subsistens sine corpore :
cum neque subsistat in corporibus terminantibus,
nec in mediis. Quare actio magnetica poterit esse
instantia diuortii circa naturam corpoream, et actio-
nem naturalem. Cui hoc adjici potest tanquam
corollarium aut lucrum non pretermittendum: viz.
quod etiam secundum sensum philosophanti sumi
possit probatio, quod sint entia et substantiz separa-
te et incorporee. Si enim virtus et actio naturalis,
emanans 4 corpore, subsistere possit aliquo tempore,

“(t) Book 3, c. 2, of the Treatise De Augmentis, and in
the Advancement of Learning, see Vol. II. of this work,
page 128.

(u) Book ix. 6, of the Treatise De Augmentis, and Vol. II.
page 299, of this work,
(x) Instance, 37.

X PREFACKH.

et aliquo loco, omnino sine corpore; prope est ut
possit etiam emanare in origine sua a substantia
incorpored. Videtur enim non minus requiri natura
corporea ad actionem naturalem sustentandam et
deuehendam, quam ad excitandam aut generan-
dam.” (w)

Such are specimens of Lord Bacon’s religious
sentiments, which may be found in different parts
of his works; but they are not confined to his in-

tended publications. In a letter to Mr. Mathew,

(w) Of the conclusion of this passage I subjoin two trans-
lations, the one by Dr. Shaw, the other by my excellent friend,
to whom I am indebted for the translation of the Novum

Organum.

SHAW’S TRANSLATION.

To this may be added, by
way of corollary, the following
considerable discovery, viz. that
by philosophizing, even accord-
ing to sense, a proof may be
had of the existence of sepa-
rated and incorporeal beings
and substances; for if natural
virtues and actions flowing from
a body may subsist without a
body for some time in space or
place, it is possible that such
virtues or actions may proceed
originally from an incorporeal
substance: for a corporeal na-
ture seems no less required to
support and convey, than to
excite and generate a natural
action.

NEW TRANSLATION.

To which we may add asa
corollary and an advantage not
to be neglected, that it may be
taken as a proof of essence and
substance being separate and
incorporeal, even by those who
philosophize according to the
senses. For if natural power
and action emanating from a
body can exist at any time and
place entirely without any body,
itis nearly a proof that it can
also emanate originally from an
incorporeal substance. For a
corporeal nature appears to be
no less necessary for supporting
and conveying than for excit-
ing or generating natural ac-
tion.

PREFACE. Xi

imprisoned for religion, he says, “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
intreat you much, sometimes to meditate upon the
extreme effects of superstition in this last powder
treason ; fit to be tabled and pictured in the cham-
bers 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,” etc.
In the decline of his life, in his letter(s) to
the Bishop of Winchester, he says, “ Amongst
consolations, it is not the least to represent to
a man’s self like examples of calamity in others.
For examples cue a quicker PApuaEEN than argu-

(s) This letter was papi he in ee a Remains by Ste-
phens, 1734, with the following note: “ The following letter to
the most learned Dr. Andrews, bishop of Winchester, was writ-
ten by my lord St. Alban, in the year 1622, and in the nature
of a dedication, prefixed before his dialogue, touching a Holy
War; which was not printed, at least correctly, till seven years
after, by the care of Dr. Rawley. But because it has been
found amongst his lordship’s letters and other books, separated
from that treatise, and chiefly, because it gives some account
of his writings, and behaviour after his retirement, I thought it

ery proper to insert it in this place.”—See page 112 of this vo-
lume.

Xil PREFACE,

ments; and besides, they certify us, that which
the Scripture also tendereth for satisfaction; “that —
no new thing is happened unto us.” “ In this
kind of consolation I have not been wanting to my-
self, though as a Christian, I have tasted, through —
God’s great goodness, of higher remedies;” and
his last will thus begins: “ First, I bequeath
my soul and body into the hands of God by
the blessed oblation of my Saviour; the one at
the time of my dissolution, the other at the time of |
my resurrection. For my burial, I desire it may be —
in St. Michael’s church, near St. Alban’s: there was —
my mother buried, and it is the parish church of my |
mansion-house of Gorhambury, and it is the only

Christian church within the walls of Old Veru-

”°

Jam.
PRAYERS. (a)

Of the prayers contained in this volume, the
first (wv), entitled, “ A Prayer, or Psalm, made by the

(a) In Sloane’s MSS. 23, there is a MS. prayer.

(u) Although the first part of the Resuscitatio was published by
Dr. Rawley, and the second part (which contains this prayer)
was published in his name, and during his life, it contains matter
of which Lord Bacon was not the author. Archbishop Tenison,
in his Baconiana, p. 59, speaking of the apopthegms, says, ‘“‘ Be-
sides, his Lordship hath received much injury by late editions,
of which some have much enlarged, but not at all enriched the
collection, stuffing it with tales and sayings, too infacetious for a
ploughman’s chimney-corner.” And, in a note he adds, “‘ Even
by that added (but not by Dr. Rawley) to the Resuscitatio,
Ed. III.” I mention this fact, not as intending to infer that
this prayer was not ‘‘made by Lord Bacon,” but that the evi-
dence may be duly weighed. B. M.

|
|

PREFACE. Xlil

Lord Chancellor of England,” is in the Resuscitatio,(v)
The second prayer, (y) entitled, “ A Prayer made and
used by the Lord Chancellor Bacon,” is in the Re-
mains; and the two remaining prayers, “ The Stu-
dents Prayer,” (zs) and “ ‘The Writers Prayer,”(z) are
jn the Baconiana. (2)

In the Tatler, No. 267, it is, upon what authority I know
not, thus mentioned: ‘“ I have hinted in some former papers,
that the greatest and wisest of men in all ages and countries,
particularly in Rome and Greece, were renowned for their. piety
and virtue. It is now my intention to show, how those in our
own nation, that have been unquestionably the most eminent for
learning and knowledge, were likewise the most eminent for
their adherence to the religion of their country. I might pro-
duce very shining examples from among the clergy; but because
priestcraft is the common cry of every cavilling, empty scribbler,
I shall shew that all the laymen who have exerted a more than
ordinary genius in their writings, and were the glory of their
times, were men whose hopes were filled with immortality, and
the prospect of future rewards; and men who lived in a dutiful
submission to all the doctrines of revealed religion. T shall in
this paper only instance Sir Francis Bacon. I was infinitely
pleased to find among the works of this extraordinary man a
prayer of his own composing, which, for the elevation of thought,
and greatness of expression, seems rather the devotion of an
angel than a man. His principal fault seems to have been the
excess of that virtue which covers a multitude of faults. This
betrayed him to so great an indulgence towards his servants,
who made a corrupt use of it, that it stripped him of all those
riches and honours which a long series of merits had heaped
upon him. But in this prayer, at the same time that we find
him prostrating himseif before the great mercy-seat, and hum-

(x) See page 1, of this vol. (y) Page 5, ditto.
(z) Baconiana 181, and 8 and 9 of this vol.

XIV PREFACE.

THE CONFESSION OF FAITH.

Of the authenticity of this Essay no doubt can
be entertained ; it was published in a separate
tract in 1641, (d) and by Dr. Rawley in the Re-
suscitatio, (e) by whom it was translated into
~Latin, and published in the Opuscula. (f) In the
Resuscitatio, Dr. Rawley, in his address to the
Reader, says, “ For that treatise of his Lordship’s,
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,

bled under afflictions, which at that time lay heavy upon him,
we see him supported by the sense of his integrity, his zeal, his
devotion, and his love to mankind; which give him a much
higher figure in the minds of thinking men, than that greatness
had done from which he was fallen. I shall beg leave to write
down the prayer itself, with the title with it, as it was found
amongst his Lordship’s papers, written in his own hand.”

(d) The following is an exact transcript of the title page :—
«The Confession of Faith,” written by Sir Francis Bacon,
printed in the year 1641. In the title page, there is a wood
engraving of Sir Francis Bacon: it is a thin 4to of twelve
pages, without any printer’s name. Mr. D’Israeli kindly lent
meacopy. Itissimilar, but not the same as the present copy.
Of the Confession of Faith there are various MSS. in the British
Museum; Sloane’s 23, 2 copies; Harleian, Vol. 2, 314; Vol.
3, 61: Hargrave’s, page 62; the MSS. Burch, 4263 is, I sus-
pect, in Lord Bacon’s own writing, with his signature.

(e) 1657.
(f) Opuscula varia posthuma. Londini, ex officina, R. Da-
nielis, 1658.

PREFACE, XV

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 per-
fume of his name to the world after his death.” In
his Life he says, “ 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 ;” and in the address to the Reader, in the
Opuscula, he says, “ Supererat tandem scriptum illud
Confessionis Fidei; quod auctor ipse, plurimis ante
obitum annis, idiomate Anglicano concepit: oper
pretium mihi visum est Romana civitate donare ; quo
non minus exteris, quam popularibus suis, palam fiat,
qua fide imbutus, et quibus mediis fretus, illustrissi-
mus heros, animam Deo reddiderit ; et quod theolo-
gicis studiis, eque ac philosophicis et civilibus, cum
commodum esset, vacaverit. Fruere his operibus, et
scientiarum antistitis olim Verulamii ne obliviscaris.
Wales

This tract is thus noticed by Archbishop Teni-
son in the “ Baconiana.” (g¢) “ His Confession of
Faith,” written by him in English, and turned into
Latin by Dr. Rawley ; upon which there was some
correspondence between Dr. Maynwaring and Dr.
Rawley, (2) as the archbishop, in describing the

(g) Baconiana, 72.

(h) The following is in the “* Baconiana,” p. 209 :—

‘‘ A letter written by Dr. Roger Maynwaring, to Dr. Rawley
concerning the Lord Bacon’s Confession of Faith.

XVI PREFACE.

letters to Lord Bacon,(d) says, “ Thesecond is, a letter
from Dr. Maynwaring to Dr. Rawley, concerning his
lordship’s ‘ Confession of Faith.’ This is that Dr.

<oSUR,
“T have, at your command, surveyed this deep and devout

tract of your deceased lord, and seud back a few notes upon it.

“In page 413, 1. 5, (of this volume) are these words:

<¢ ¢ J believe that God is so holy, pure, and jealous, that 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 crea-
tion; but he should have enjoyed the blessed and individual
society of three persons in Godhead only for ever.’

«This point I have heard some divines question, whether
God,without Christ, did pour his love upon the creature? and
I had sometimes a dispute with Dr. Sharp* of your university,
who held that the emanation of the Father’s love to the creature
was immediate. His reason, amongst others, was taken from
that text,‘ So God loved the world, that he gave his only
begotten Son.’ Something of that point I have written amongst
my papers, which on the sudden I cannot light upon. But I
remember that I held the point in the negative, and that St.
Austin, in his comment on the fifth chapter to the Romans,
gathered by Beda, is strong that way.

“In page 413, line penult, are these words:

‘< ¢ God, by the reconcilement of the Mediator, turning his
countenance towards his creatures, (though not in equal light

(d) Baconiana, 103.

* The same, I think, who was committed to the Tower, having taught
Hoskins his allusion to the Sicilian Vespers. See Reliqu. Wotton, p. 434.
Dr. Tenison.

4

PREFACE. XVil

Maynwaring, whose sermon upon Eccles. viii. 2, etc.
gave such high offence, about one hundred and fifty
years ago. “ For some doctrines, which he noteth in
his lordship’s confession, the reader ought to call to

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
others might fall, and not be restored in their estate, but yet
remain in being, although under wrath and corruption; -all with
respect to the Mediator; which is the great mystery, and per-
fect centre of all God’s ways with his creatures; and unto which
all his other works and wonders do but serve and refer.’

‘“‘ Here absolute reprobation seems to be defended, in that
the will of God is made the reason of the not-restitution of some;
at leastwise his Lordship seems to say, that twas God’s will that
some should fall, unless that may be meant of voluntas permis-
siva (his will of permission).

“In page 414, 1. 10, where he saith, (amongst the generations
of men he elected a small flock,) if that were admitted (of fallen
men,) it would not be amiss; lest any should conceive that his
Lordship had meant, the decree had passed on massa incorrupta,
(on mankind considered before the fall).

““ In page 415, |. 8, are these words:

““« 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.’

“¢ Consider whether this be a rule universal, that the com-
mands and prohibitions of God are the rules of good and evil.
For, as St. Austin saith, many things are prohibita quia mala
(for that reason forbidden, because they are evil:) as those sin
which the schools call specifical.

‘“‘ In page 415, |. antepen. are these words :

“ «The three heavenly unities exceed all natural unities,

VOL. VI, C

XVill PREFACE.

mind, the times in which his lordship wrote them,
and the distaste of that court against the proceed-
ings of Barnevelt, whose state-faction blemished his
creed.

Of this tract there are various MSS. (a) in the

That is to say, the unity of the three Persons in Godhead, the unity
of God and man in Christ, and the unity of Christ and the
church; the Holy Ghost being the worker of both these latter
unities; for by the Holy Ghost was Christ incarnate, and quick-
ened in flesh; and by the Holy Ghost is man regenerate,
and quickened in spirit.’

“‘ Here two of the unities are ascribed to the Holy Ghost.
The first seems excluded; yet divines say, that Spiritus Sanctus
& amor, & vinculum Patris & Filii, (the Holy Ghost is the love
and the bond of the Father and the Son).

“ In page 416, 1. 12, are these words:

‘¢ ¢ Christ accomplished the whole work of the redemption
and restitution of man to a state superior to the angels.

‘This (superior) seems to hit upon that place, icdyyeru
Luke xx. 36, which argues but equality. Suarez (De Angelis,
lib. 1. cap. 1.) saith, that angels are superior to men, quoad
gradum intellectualem, & quoad immediatam habitationem ad
Deum, (both in respect of the degree of their intellectual nature,
and of the nearness of their habitation to God). Yet St. Austin
affirmeth, naturam humanam in Christo perfectiorem esse ange-
lica, (that the human nature in Christ is more perfect than the
angelical). Consider of this. And thus far, not as a critic, or
corrector, but as a learner. For,

Corrigere, res est tanto magis ardua, quanto
Magnus, Aristarcho major, Homerus erat.
In haste. Your servant,

ROGER MAYNWARING.”

(a) Sloanes, 2 copies, 23 Cat. Harleian, vol. 2, 314—vol. 3,
61. Hargrave’s p, 62.

PREFACE. XIX

British Museum, and one apparently in Lord Ba-
con’s hand writing. (b) It is stated in one of the MSS.
to have been written before or when Sir Francis
Bacon was Solicitor General, (c) and in the Remains
itis entitled, “ Confession of Faith, written by Sir
Francis Bacon, knight, Viscount St. Albans, about
the time he was Solicitor General to our late Sove-

reign Lord King James.” (d)

(b) MS. Burch, No. 4263.

(c) Sloane’s, 23, and see in Rawley’s observations, ante xiv.
where he says, ‘‘ though he composed the same many years be-
fore his death,” and the same expression is in the passage from
the Opuscula.

(d) This tract was republished in 1757. A Confession of Faith,
written by the Right Honourable Francis Bacon, Lord Verulam,
republished with a Preface on the Subject of Authority in Re-
ligious Matters, and adapted to the Exigency of the present
Times. London, printed for W. Owen, at Temple-Bar, 1757,
8vo. pp. 26. and in the second volume of Butler’s Reminiscences,
recently published, in page 232, there is a letter from Dr. Parr
containing the following, ‘ You know there is no doubt as to the
authenticity of the Confession of Faith, ascribed to Lord Bacon.
I am perplexed with it. Was he serious? I mean serious all
through? Does he mean it for a tentamen? What inference
would Hume have drawn from it?” And in a manuscript
kindly communicated to me by Mr. Barker, the doctor says
“‘ that Bacon admitted the received doctrine of the Trinity, is
obvious, from the prayer made by him when Chancellor of Eng-
land, and from various passages of the most unequivocal and
emphatical kind in his Confession of Faith.”

Xx PREFACE.

AN ADVERTISEMENT TOUCHING THE CONTROVERSIES
OF THE CHURCH OF ENGLAND (@).

This was first published in the year 1641, with-
out the authors name (b). The following is the
title: ~

A Wise and Moderate Discourse,
concerning
Church Affaires,

As it was written, long since, by the fa-
mous Authour of those Consi-
derations, which seem to

have some reference
to this,
Now published for the common good.

Imprinted in the yeere 1641.

It was next published with the present title, in
the Resuscitatio.

(a) Page 28 of this volume.
(b) There is a copy in the British museum, and MSS.
Ays. 4263.

In Blackburne’s edition, vol. I. 192, he thus notices this
tract: “ Next follows an Advertisement touching the controver-
sies of the Church of England, p. 418. This treatise was ori-
ginally printed in the year 1641, without the author’s name
and under a different title: called, ‘¢ A wise and moderate
discourse concerning Church affairs; as it was written long
since, by the famous author of those considerations, which
seem to have some reference to this.” Itis plain from p. 428,
that it was wrote in the reign of Q. Elizabeth. Dr. Sancroft

had collated and corrected this piece in more than an hundred —

places : and I am to ask the reader’s pardon for mislaying the
copy containing these his farther emendations.

Dealt ee a

PREFACE. XX1

In this tract upon Church Controversies, an
arrangement, although not formally declared, may,
asin the Sylva Sylvarum, (c) easily be perceived. (d)
The method, with a few extracts well worthy the
consideration of ecclesiastical controversialists, is as

follows :—

p- 419, 1. 23, parts. r. some things, his.
p. 420, 1. 6, zeal. r. hate.

1], 38, resemble. |r. agree.
p. 423, 1. 33. r. pretend zeal.
p. 424, |. 39. r. seduce the people.
p- 428, 1. 3, exercise. r. waste.
p- 429, 1. 18. r- grope for.

So that I conceive abundant justice is done to this part of
our noble author’s works.

(c) Dr. Rawley, in his address to the Reader, in’ the Sylva
Sylvarum, says—* I have heard his lordship say also, that one
great reason why he would not put these particulars into any
exact method, (though he that looketh attentively into them
shall find that they have a secret order,) was, because he con-
ceived that other men would now think that they could do the
like.”
(d) The following is an analysis of this subject, at all
times of importance but particularly to a Christian in Chris-
tian Controversy.

1. Religious controversies will exist, and particularly in times
of peace.
2. Nature of Religious Controversies.
3. Virtues of Religious Controversies.
1. Christian Forbearance.
2. Christian Demeanor.
3. Christian Language.
4, Vices in Controversies.

XXII PREFACE.

“sf
I. RELIGIOUS CONTROVERSIES WILL EXIST, AND
PARTICULARLY IN TIMES OF PEACE.

When the fiery trial of persecution ceaseth, there
succeedeth another trial, which, as it were, by con-
trary blasts of doctrine doth sift and winnow men’s
faith.

§ IL.
II. NATURE OF RELIGIOUS CONTROVERSIES.
1. High nature.
The high mysteries of faith - - ~ - 29
The great parts of the worship of God - S00
2. Minor nature, ceremonies, and things indifferent,
or those parts of religion which pertain to time,
not to eternity - - : 3 200)

§ Ill.
II, VIRTUES IN CHRISTIAN CONTROVERSIES,
‘¢ Qui pacem tractat non repetitis conditionibus
dissidii, is magis animos hominum dulcedine
pacis fallit, quam aequitate componit.”. - - 3%
1, CuristTian ForRBEARANCE.
Let every man _ be swift to hear, slow te
speak, slow to wrath - - - 29
2. CuRistrAN DEMEANOR.

1. The Vices of the Clergy.

2. Nature and Humour of Men 4l
3. Detestation of former Heresy - May’).
4. Imitation of Foreign Churches - eta
2. In their extension - = ay;

Conduct of Reformers
7 Anti-reformers
3. Unbrotherly Proceedings - - eo st)
By the Possessors of Church Government.
By the opposers.
4. Improper Publications - - - = OT

PREFACE. XXlll

3. Curistran LancuaGe - - - 30
If we did but know the virtue of silence and
slowness to speak, our controversies of them-
selves would close and grow up together = ol
Brother, if that which you set down as an assertion
you would deliver by way of advice, there were rever-
ence due to your counsel, whereas faith is not due to
your affirmation.
A feeling Christian will express in his words
a character of zeal or love: although we are not
to contend coldly about things which we hold
dear (a) - - ~ * 32
Impropriety of wit in Religious Contro-
versy, ‘“‘ Nonest major confusio, quam serii et

joci.”(b)
A fool should be answered, but not by be-
coming like unto him - . - 33

§ IV.
IV. VICES IN CONTROVERSIES.
1. In THE occasions.
1. The Vices of the Clergy

The imperfections in the conversation and govern-
ment of those which have chief place in the Church,
have ever been principal causes and motives of schisms
and divisions. For whilst the bishops and governors
of the Church continue full of knowledge and good
works ; whilst 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 fromit. The humility of the friars

(a) Fuller says, ‘‘ The Holy Ghost descended not in the spirit of a vulture,
but in the spirit of a dove.”
(b) See Essay of Discourse, Vol. I. p. 113.

XXIV

PREFACE.

did, fora great time, maintain and bear out the irre
ligion of bishops and prelates - ny!

. Prejudices of particular men - - 40

The universities are the seat or the continent
of this disease, from whence it is derived into the
realm - - ~ cA)
Detestation of former heresy ~ - - 42

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 isa subtile 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 - 43
4, Imitation of Foreign Churches - 44
2. IMPROPER EXTENSION OF CONTROVERSY.
1. Conduct of Reformers - - ~ 47
2. Conduct of Anti-reformers ~ » 48

Again, to my lords the bishops I say, that it
is hard for them to avoid blame, in the Opinion
of an indifferent person, in standing so precisely
upon altering nothing: “leges, novis legibus
non recreatee, acescunt;” laws, not refreshed
with new laws, wax sour. ‘Qui mala non per-
mutat, in bonis non perseverat :” without change
of ill, a man cannot continue the good. To
take away many abuse, supplanteth not good
orders, but establisheth them. “‘ Morosa moris
retentio, res turbulenta est, zque ac novitas;”
contentious retaining of customs is a turbulent

thing, as well as innovation. A good husband
1

‘
;

PREFACE. XXV

is ever pruning in his vineyard or his field;
not unseasonably, indeed, not unskilfully, but
lightly ; he findeth ever somewhat to do 49

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 contro-
versy, as things out of controversy, which all
men confess to be gracious and good 50

3. UNBROTHERLY PROCEEDINGS.
1, By the possessors of church government 51

Their urging of subscription to their own articles,
is but * lacessere, et irritare morbos Ecclesice,” which
otherwise would spend and exercise themselves.
“Non consensum querit sed dissidium, qui, quod
factis preestatur, in verbis exigit.” He seeketh not
unity, but division, which exacteth that in words,
which men are content to yield in action.

I know restrained governments are better than re-
miss; and I am of his mind that said, Better is it to
live where nothing is lawful, than 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.

2. The opposers of church government,

1. Supposition of exclusive perfection - 55
2. Their manner of preaching - 55
3. In not acting equally in liberty or restraint 56
4. Indiscriminate statements - - 57
5. Mode of handling Scripture - - 58
6. Great reliance on trifles - - 58
4. IMPROPER PUBLICATIONS - 99

The press and pulpit should be freed and discharged
of these contentions; neither promotion on the one
side, nor glory and~heat on the other side, ought to
continue those challenges and cartels at the cross.

XXV1 PREFACE,
THE CHARACTERS OF A BELIEVING CHRISTIAN IN PARA-
DOXES AND SEEMING CONTRADICTIONS. (m)

This tract, published as it seemsin the year 1645,
was in 1648 inserted in the Remains, and in 1730
in Blackburn’s edition of Lord Bacon’s works. (a)
Its authenticity seems to be very doubtful.
It was inserted in Blackburn’s edition, after
the following notice :—“* The following frag-
ments were never acknowledged by Dr. Rawley,
among the genuine writings of the Lord Bacon;
nor dare I say that they come up to the spirit
of penetration of our noble author. However,
as they are vouched to be authentic in an edi-
tion of the Remains of the Lord Verulam, printed
1648; and as Archbishop Sancroft has reflected
some credit on them by a careful review, having in
very many instances corrected and prepared them
for the press, among the other unquestioned writing
of his lordship ; for these reasons I have assigned
them this place, and left every reader to form his own
judgment about their importance :” and in a letter
from Dr. Parr to his legatee and biographer, E. H.
Barker, the doctor says, “it is, however, well known,
that some of his fragments were not acknowledged
by Dr. Rawley to be genuine, though vouched to be

(m) In page 21 of this volume.

(a) In Dr. Parr’s annexed letter, it appears to have been
published in 1645; and in Vol. I. of Blackburn’s edition, he
says, speaking of Archbishop Sancroft, to the characters of a
believing Christian in paradoxes, &c. compared with the other
copy, printed in 1645, I have not been able to see a copy of
the tract published in 1645.—B. M.

PREFACE. XXVil

authentic in an edition of the Remains of Lord Veru-
lam, printed in 1648, and though examined, cor-
rected, and prepared for the press by Archbishop
Sancroft among the other unquestionable writings
of Bacon. Among those fragments are the Cha-
racters of a believing Christian, in paradoxes and
seeming contradictions, compared with the copy
printed Lond. 1645. The paradoxes are thirty-four ;
but it is sufficient for my purpose to quote the 2d
and 3d. After frequent and most attentive perusal,
I am convinced that these Fragments were written
by Bacon, and intended only for a trial of his skill
in putting together propositions, which appear irre-
concileable, and that we ought to be very wary in
drawing from such a work any positive conclusions
upon the real and settled faith of Lord Bacon.
Bacon perhaps was sincere, when he said, ‘ I had
rather believe all the fables in the Legend, and the
Talmud, and the Alcoran, than that this universal
frame is without a mind.’ But to many parts of the
paradoxes we may apply his remark upon the fool,
who said in his heart, but did not think ‘ There is
no God.’ He rather said these things for a trial of
skill, as the fool talked by rote, than that he really
believed them, or was persuaded of them. (a)

(a) See Bacon’s Essay on Atheism, vol. 1, p. 53.

Dr. Parr does not speak with as much confidence in a letter
to Mr. C. Butler, published in the second volume of Butler’s
Reminiscences, page 233, where he says, ‘‘ But now comes a real
difficulty. What shall we say to the ‘ Character of a believing
Christian in paradoxes and seeming contradictions?’ Here I

XXVIi PREFACE.

I subjoin the evidence, external and internal,
which I have been able to discover in favour and
in opposition to their authenticity.

The following are the external reasons against
their authenticity—Ist, Soon after Lord Bacon’s
death there were various spurious works ascribed to

him, with which the Remains abound (6).—2dly, This

am quite at a loss to determine. If an ingenious man means
to deride the belief of Christianity, could he have done it more
effectually than in the work just now alluded to? Mr.Hume
would say—No. There is some uncertainty as to the authen-
ticity of this little tract. I suspect that Bacon meant to try
his strength, and then to return quietly to the habitual convic-
tion of his mind, that Christianity is true.”

(b) In Rawley’s Epistle to the Reader in the Resuscitatio,
he says, ‘‘ For some of the pieces, herein contained, his Lord-
ship did not aim at the publication of them, but at the preser-
vation 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 sundry corruptand 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 fardle of nonsense, than any
true expressions of his Lordship’s happy vein; 1 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
‘nvasions for the time to come.” And Archbishop Tenison
says, ‘‘ This general acceptance of his works has exposed him to
that ill and unjust usage which is common to eminent writers.
For on such are fathered, sometimes spurious treatises; some-
times most corrupt copies of good originals; sometimes their
essays and first thoughts upon good subjects, though laid aside

PREFACE. XX1X

Tract is not recognised by Dr. Rawley, who in his
address to the Reader in his Resuscitatio, does
not mention it amongst the theological works which
he enumerates, although he says, “ I have compiled
in one whatsoever bears the true stamp of his Lord-
ship’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

by them unprosecuted and uncorrected; and sometimes the
very toys of their youth, written by them in trivial or loose ar-
guments, before they had arrived either at ripeness of judgment,
or sobriety of temper. The veriest straws (like that of Father
Garnet) are shewn to the world as admirable reliques, if the
least strokes of the image of a celebrated author, does but seem
to be upon them. The press hath been injurious in this kind
to the memory of Bishop Andrews, to whom it owed a deep and
solemn reverence. In such an unbecoming manner it hath
dealt, long ago, with the very learned and ingenious author of
the Vulgar Errors. Neither haththe Lord Bacon gone without
his share in this injustice from the press. He hath been ill
dealt with in the letters printed in the Cabala, and Scrinia, under
his name: for Dr. Rawley professed, that though they were not
wholly false, yet they were very corrupt and embased copies.
This I believe the rather, having lately compared some original
letters with the copies in that collection, and found them imper-
fect. And to make a particular instance; in comparing the
letter of Sir Walter Raleigh to Sir Robert Car, of whom a fame
had gone that he had begged his estate; I found no fewer than
forty different, of which some were of moment. Our author hath
been still worse dealt with, in a pamphlet in octavo, concerning
the trial of the Earl and Countess of Somerset: and likewise in
one in quarto, which beareth the title of Bacon’s Remains,
though there cannot be spied in it, so much as the ruins of his
beautiful genius.”

XXX PREFACE.

moment, and communicable to the public, save only
some few Latin works, which, by God’s favour and
sufferance, shall soon after follow.” And in another
part of the same address he says, “I thought myself
ina 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 writ-
ings themselves, to prevent the like invasions for the
time to come.”—3dly, It is not noticed by Archbishop
Tenison, who published the Baconiana in 1679, in
which he says, “ His lordship’s writings upon pious
subjects are only these: his Confession of Faith, the
Questions about an Holy War, and the Prayers in
these Remains; and a translation of certain of
David's Psalms, into English verse.(a)—4thly, There
is not any MSS. of these Paradoxes.(4)

The external reasons in favor of their authen-
ticity are, Ist, They are published in the Remains,
in 1648, and, although they are not recognised,
they are not expressly disowned either in 1657
by Dr. Rawley, or in 1679 by Archbishop Teni-
son, who does expressly repudiate (c) other works
ascribed to Lord Bacon. Whether this silence is
negative evidence that the Paradoxes are authentic,
or that the friend and admirer of Lord Bacon,
after having discredited the Remains, did not deem
the Paradoxes entitled to a particular refutation, is

(a) Baconiana, page 72.

(6) I venture to assert this for I have not been able to find a
MSS. I should be happy to have my error corrected,

(c) See note (b) ante xxviii.

PREFACE. XXXl

a question not free from doubt, if it can be supposed
that Dr. Rawley and the Archbishop were so insin-
cere as, knowing their reality, to express their opinion
of Lord Bacon’s religious sentiments, and to censure
the author of the Remains, without doing him the
justice to acknowledge that the Paradoxes were
authentic. 2dly, Dr. Rawley and Archbishop Teni-
son admit that there were other MSS. in exist-
ence. (d) 3dly. The authenticity of the paradoxes is
supposed to have been acknowledged by Archbishop
Sancroft ; but upon enquiry it will, perhaps, appear
that the Archbishop only corrected the copy which
was inserted in the Remains, by comparing it with
the first publication in 1645. (e).

(d) See note b, ante xxvill.

(e) Blackburn, in the fourth volume of his edition of Bacon,
A. D. 1730, p. 438, says, ‘‘ Archbishop Sancroft has reflected
some credit on them by a careful review, having in very many
instances corrected and prepared them for the press: among the
other unquestioned writings of his lordship, lannex some of the
passages from Blackburn, where Archbishop Sancroft is men-
tioned. ‘* Our noble author’s letters in the ¢ Resuscitatio’ are in
full credit; and yet these are in many instances corrected by
Dr. Sancroft, and that uncontestably from MSS. because the
author’s subscription, under that prelate’s hand, is in several
particulars added, as N. X. ‘ Your lordship’s most humbly in
all duty. N. XI. Your lordship’s in all humbleness to be
commanded.’ I say I conceive it evident, that these subscrip-
tions to the printed copy of 1657, do ascertain the additions to
be made from original MSS. since they could not be added upon
judgment or conjecture, but must be inserted from authority.
And this gives sanction to the emendations of these letters
contained in the ‘ Resuscitatio ;’ so that | may presume to

XXil PREFACE.

Such is the externalevidence. The internal evi-
dence is either from the thought, or the mode in
which the thought is expressed.

The reasons against the authenticity of the Pa-
radoxes, from the nature of the thought, are—
Ist. If a spirit of piety (w) pervades the Paradoxes,

think this present edition is even more exact than what Dr.
Rawley himself published. Blackburn, Vol. I. p. 193.

In page 458, of vol. iv. he says, “ I haveadded some fragments
from the quarto edition of the remains printedin 1648, That copy
has been deservedly treated with great indignation and contempt
being notoriously printed in a surreptitious and negligent
manner. However, I do not remember a single page in this
scandalous edition, excepting these fragments and the essay of
a king, which does not appear in a more correct dress in some
part or other of our noble author’s works. This seems to give
them a little credit; and Dr. Sancroft having corrected them
with so much diligence, as to distinguish where he has done it
from printed copies, I have some cause to apprehend that the
other copies were amended by unquestionable MSS. of our
noble author. The order they appear in is, 1. An Erplanation
what manner of persons those should be, that are to execute
the power or ordinance of the king’s prerogative, p. 3. This
is corrected in very many places. 2. Short notes for civil con-
versation, p. 6. interlined in many places, with apt divisions, not
observed in the edition of 1648. 3. An Essay on Death, p. 7.
This is likewise corrected in very many places, and subdivided
as if done from MSS. and made a new work. 4. The Charac-
ters of a believing Christian, in paradoxes and seeming contra-
dictions. This in terms of abatement under the Archbishop’s
own hand stands thus: Compared with the other copy, printed
Lond. anno, 1645. 5. A Prayer, corrected only in two places,
which I must confess does not appear to be cast in the same
mould with that printed above, p. 447.

(w) In the year 1762, the third edition of a penny tract

PREFACE. XXXII -

it seems to differ from the spirit which moved
upon the mind of Lord Bacon ; (a) and if the MSS.

of the Characteristics was published. The following is a copy
of the title page of this tract: Characteristics of a Believing
Christian in Paradoxes and Seeming Contradictions. By
Francis Bacon, Baron of Verulam, Viscount of St. Alban, and
Lord High Chancellor of England, with a Preface by a Cler-
gyman. The Third Edition. London, Printed by M. Lewis, in
Paternoster Row, 1762, (Price one Penny.) The following is the
Preface: In order to prevent a misconstruction of the following
paradoxes, it may be needful to inform the reader, that when
rightly considered, they are no ways ludicrous, sarcastical or
prophane, but solid, comfortable and godly truths, taught by
the Holy Ghost in the school of experience, and well understood
by them who are truly Christians. Ido not say, that every babe
in Christ can understand them all, but this I think I may ven-
ture to affirm, he that understands none of them, hath not yet
learned his A. B. C. in the school of Christ. But if any should
ask me, why I choose to publish his lordship’s paradoxes rather
than any other? I answer—Ist, Because, though very compre-
hensive, yet they are but short, and may therefore be easily
purchased by the poorer sort of christians. 2ndly, That the
minute philosophers and ignoble gentlemen of our day might
hence be taught, that a fine gentleman, a sound scholar, and a
great philosopher, may be a christian; since we find not only
Paul, a Justin Martyr, &c. but even in our own nation, so
great a philosopher as my Lord Bacon, espousing and confess-
ing the christian verity. In a word, reader, if thou under-
standest these few paradoxes, bless God for them; if thou
understandest them not, thou mayest, like the Eunuch, call in
some Philip to thy assistance: but above all permit me to advise
thee to ask of the Father of Lights, who giveth wisdom liberally
and upbraideth not. I am, for Christ’s sake, thy Friend and
Servant, F. GREEN.
(a) Take any, for instance Paradox 34.—“ His Advocate, his

VOL. VII. d

XXXIV PREFACE.

of this Essay, of which there is not any evidence, had
been found amongst the papers of Lord Bacon, would
it not be more probable that they were the effu-
sion of one of his pious friends, Herbert for instance,
than that they were Lord Bacon’s own production ?
2d. If the Paradoxes are supposed to be polluted
by an under current of infidelity, the very supposi-
tion is evidence against their authenticity, “ for this
lord was religious, and was able to render a reason
of the hope which was in him. (vr) He repaired fre-

Surety shali be bis Judge ; bis mortal part shall become immor-
tal; and what was sown in corruption and defilement shall be
raised in‘ incorruption and glory; and a finite creature shall
possess an infinite happiness. Glory be to God.”— Compare
this with his prayer. ‘“* Remember, O Lord, how thy servant hath
walked before thee : remember what I have first sought, and what
hath been principal in my intentions. [ have loved thy as-
semblies: | have mourned for the divisions of thy Church:
Ihave delighted in the brightness of thy sanctuary. This
vine which thy right hand hath planted in this nation, I
have ever prayed unto thee, that it might have the first
and the latter rain; and that it might stretch her branches
to the seas and to the floods. The state and bread of the poor
and oppressed have been precious in mine eyes: I have hated
all cruelty and hardness of heart: I have, though in a despised
weed, procured the good of all men. If any bave been my
enemies, I thought not of them; neither hath the sun almost
set upon my displeasure ; but I have been as a dove, free from
superfluity of maliciousness. Thy creatures have been my
books, but thy Scriptures much more. I have sought thee in
the courts, fields, and gardens, but I have found thee in thy
temples.”

(2) So inthe Religio Medici, Sir Thomas Brown says, “ For
my religion, though there be several circumstances that might

PREFACE. : XXXV

quently 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.” (a)
The internal evidence against the authenticity of
the Parodoxes from the style is, that—1st. They
in style, are in opposition to the whole tenor of
Lord Bacon’s works, which endeavours to make
doubtful things clear, not clear things doubtful. (p)

perswade the world I have none at all, as the generall scandal
of my profession, the natural course of my studies, the indiffer-
ency of my behaviour, and discourse in matters of religion, nei-
ther violently defending one, nor with that common ardour and
contention opposing another; yet in despight hereof I dare,
without usurpation, assume the honorable stile of a Christian ;
not that I meerely owe this stile to the font, my education or
clime wherein [ was borne as being bred up either to confirme
those principles my parents instilled into my unwary under-
standing ; or by a generall consent proceed in the religion of
my countrey. But having, in my riper years, and confirmed
judgment seene and examined all, I find myselfe obliged by the
principles of grace, and the law of mine owne reason to embrace
no other name but this; neither doth herein my zeale so fare
make me forget the general charitie I owe unto humanity, as
rather to hate than pity Turkes, Infidels and (what is worse)
Jewes, rather contenting myself to enjoy that happy stile, than
maligning those who refuse so glorious a title.”

(a) Such are the words of Dr. Rawley. See ante page iii.

(p) Insome part of his works, I do not recollect where, he says,
‘¢ T endeavour not to inflate trifles into marvails, but to reduce
marvails to plain things:” and Rawley, in his life of Lord Bacon,
says, ‘¢ In the composing of his books he had rather drive at a
masculine and clear expression, than at any fineness or affecta-
tion of phrases, and would often ask if the meaning were ex-

3

XXXVI PREFACE.

2d. ‘The style of the Paradoxes, if they are sup-
posed to contain an indirect attack upon Chris-
tianity, are in opposition to Lord Bacon’s opinion:
of the proper style for religious controversy. ‘‘ To
search, he says, and rip up wounds with a laughing
countenance, to intermix Scripture and_ scurrility
sometimes 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 serii et joci.. There is no greater con-
fusion 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 athe-
ism; curious controversies, and profane scoffing. (4)
3d. They have not any resemblance to the style of
Lord Bacon; they are neither poetical adorned by
imagery,(c) nor learned enriched by rare quota-

pressed plainly enough, as being one that accounted words to be
but subservient, or ministeriall to matter; and not the principall,
And if his stile were polite, it was because he could do no other-
wise; neither was he given to any light conceits ; or descanting
upon words, but did ever, purposely and industriously avoyd
them; for he held such things to be but digressions or diver-
sions from the scope intended; and to derogate from the weight
and dignity of the stile.

(b) See page 32 of this volume.

(c) As a specimen of his mode of illustrating by imagery,
see the Advancement of Learning, vol. ii, page 63. In “ Or-
pheus’s theatre, where all beasts and birds assembled; and, for-
getting their several appetites, some of prey, some of game,
some of quarrel, stood all sociably together listening to the

1

PREFACE. XXXVIl

tion, nor familiar illustrated by examples, (d) as
in most of his philosophical works; nor written

airs and accords of the harp; the sound whereof no sooner
ceased, or was drowned by some louder noise, but every beast
returned to hisown nature: wherein is aptly described the na-
ture and condition of men, who are full of savage and unre-
claimed desires of profit, of lust, of revenge; which as long as
they give ear to precepts, to laws, to religion, sweetly touched
with eloquence and persuasion of books, of sermons, of ha-
rangues, so long is society and peace maintained ; but if these
instruments be silent, or that sedition and tumult make them not
audible, all things dissolve into anarchy and confusion.”

(d) In the Treatise De Augmentis, lib. vy. 2, upon literate
experience or invention, not by art but by accident, he says,
speaking of the error in supposing that experiments will succeed
without due consideration of quantity of matter, “ It is not
altogether safe to rely upon any natural experiment, before
proof be made both in a lesser, and greater quantity. Men
should remember the mockery of sop’s housewife, who con-
ceited that by doubling her measure of barley, her hen would
daily lay her two eggs; but the hen grew fat, and laid none.”
As specimens of his familiar illustration, see also the Advance-
ment of Learning, vol. ii. p. 44, when speaking of studies teem-
ing with error, he says, ‘“‘ Surely to alchemy this right is due,
that it may be compared to the husbandman whereof sop
makes the fable; that, when he died, told his sons, that he had
left unto them gold buried under ground in his vineyard ; and
they digged over all the ground, and gold they found none: but
by reason of their stirring and digging the mould about the
roots of their vines, they had a great vintage the year follow-
ing: so assuredly the search and stir to make gold hath
brought to light a great number of good and fruitful inven-
tions and experiments, as well for the disclosing of nature as
for the use of man’s life.” See again in exhibiting the nature of
the philosophy of universals, ‘€ Philosopha Prima,” the connec-
tion between all parts of nature, he says, ‘‘ Is not the delight of

XXXVill PREFACE.

pressly (e) and weightily (/) as the Novum Orga-
num: but they seem remarkable only for antithesis,
something like Fuller, without his spirit: a sort of
dry Fuller, or, as he would say, Fuller's earth: or
like the Essay on Death, published also in the Remains,
and ascribed without authority to the same illustrious
author. (d)

The evidence in favour of the authenticity
of the Paradoxes, from the style is, that—1. Apho-
risms are the favorite style of Lord Bacon.(2) 2.

the quavering upon a stop in music, the same with the playing
of light upon the water ?
‘ Splendet tremulo sub lumine pontus :’”’—See vol. ii, p. 124,

I could willingly indulge myself with the selection of other
instances, but remembering the admonition that ‘* it is not
granted to love and to be wise,” I stop.

(ec) Ben Jonson in his Discoveries says, Dominus Verula-
mius. One though he be excellent, and the chief, is not to be
imitated alone; for no imitator ever grew up to his author :
likeness is always on this side of truth; yet there happened in
my time one noble speaker, who was full of gravity in his speak-
ing. His language (where he could spare or pass by a jest)
was nobly censorious. No man ever spake more neatly, more
pressly, more weightily, or suffered less emptiness, less idleness
in what he uttered. No member of his speech but consisted of
his own graces. His hearers could not cough, or look aside
from him without loss. He commanded where he spoke; and
had his judges angry and pleased at his devotion. No man
had their affections more in his power. The fear of every man
that heard him was lest he should make an end.

(f) Take for instance any of the Nervous Aphorisms, in the
Noyum Organum, and compare it with the sentences of the Para-
doxes.

(d) See Preface to vol... p. 35.

(x) No man was, for his own sake, less attached to system

PREFACE, XXXIX

The paradoxes contain two of Lord Bacon’s ex-
pressions; the one in the beginning of the 26th
Paradox, “ He is often tossed and shaken, yet is as
Mount Sion: he isa serpent and a dove.”(u) The
other in the 10th Paradox. “ He lends and gives
most freely, and yet he is the greatest usurer.’(@)
3rd. That although the Paradoxes do not contain any
patent internal evidence of their authenticity, yet
there is latent evidence from the dissimilarity of the
style, as Lord Bacon, knowing how to discover the

or ornament than Lord Bacon. A plain, unadorned style in
aphorisms, in which the Novum Organum is written, is, he inva-
riably states, the proper style for philosophy. In the midst of
his own arrangement, in the Advancement of Learning, he says :
‘¢ The worst and most absurd sort of triflers are those who have
pent the whole art into strict methods and narrow systems
which men commonly cry up for the sake of their regularity and
style.” Then see Advancement of Learning, vol. 11. p. 203.

(uw) This union of the serpent and the dove is a favourite
image of Lord Bacon’s. See the Advancement of Learning,
vol. ii. p. 237: “ It is not possible to join serpentine wisdom
with the columbine innocency, except men know exactly all the
conditions of the serpent; his baseness and going upon his
beily, his volubility and lubricity, his envy and sting, and the
rest; thatis, all forms and natures of evil: for without this,
virtue lieth open and unfenced.” See also vol. i. p. 205, in the
Meditationes Sacree, ‘‘ of the innocency of the dove, and the
wisdom of the serpent.”

(a) See Apophthegm 148, in vol. i. p. 381, it isas follows :

‘¢ They would say of the duke of Guise, Henry, that had
sold and oppignerated all his patrimony, to suffice the great
donatives that he had made; that he was the greatest usurer of
France, because all his state was in obligations.”

xl PREFACE.

mind through words,()) well knew the art of con-
cealment by which he could cast a cloud about
him so as to obscure himself from his enemies.(@)
To this refined reason which, without proving the
authenticity of the paradoxes, shews only that, by
possibility, they may be authentic, it is sufficient to
say that, as they were not published or intended for
publication, it seems difficult to discover any assigna-
ble cause for this mystery. (y)

CONSIDERATIONS TOUCHING THE PACIFICATION OF THE
CHURCH.

This was published in 1640, and there are copies
in the British Museum, and at Cambridge: and a
MSS. in Sloane’s Collection, 23.

THE TRANSLATION OF CERTAIN PSALMS.
This was published in 8vo.in 1625,(d) and in

the Resuscitatio. (v)
HOLY WAR.

This was written and published in 4to in 1623,
and in 1629; and there are MSS. in the British
Museum. (c)

(b) See Treatise De Augmentis, b. vi. c. 1, § 11.

(a) See the Art of Self-Concealment in the Advancement of
Learning, vol. ii. p. 278. See also in the same work, p- 199,
upon the art of writing in cyphers. See also under Parabolical
Poetry, ibid, p.121. See ante, Essay on Dissimulation, vol. i. p- 17,

(y) If this had been his object, would the dove and the ser-
pent have appeared.---T. C. G.

(d) There is a copy in the Bodleian. (x) Ante iii. and xxx.

(c) Sloane’s, 53. Harleian 3, 267, written in 1622.

THEOLOGICAL TRACTS.

VOL. VII. B

A PRAYER, OR PSALM,
MADE BY THE LORD BACON,
CHANCELLOR OF ENGLAND.

Most gracious Lord God, my merciful Father, from
my youth up, my Creator, my Redeemer, my Com-
forter. Thou, O Lord, soundest and searchest the
depths and secrets of all hearts : thou acknowledgest
the upright of heart: thou judgest the hypocrite:
thou ponderest men’s thoughts and doings as ina
balance: thou measurest their intentions as with a
line: vanity and crooked ways. cannot be hid from
thee.

Remember, O Lord, how thy servant hath walked
before thee : remember what I have first sought, and
what hath been principal in my intentions. I have
loved thy assemblies: I have mourned for the divi-
sions of thy Church: I have delighted in the bright-
ness of thy sanctuary. This vine which thy right
hand hath planted in this nation, I have ever prayed
unto thee, that it might have the first and the latter
rain; and that it might stretch her branches to the
seas and to the floods. The state and bread of the
poor and oppressed have been precious in mine eyes :
I have hated all cruelty and hardness of heart: I
have, though in a despised weed, procured the good

4, A PRAYER.

of allmen. If any have been my enemies, I thought
not of them; neither hath the sun almost set upon
my displeasure; but I have been as a dove, free.
from superfluity of maliciousness. Thy creatures
have been my books, but thy Scriptures much more.
I have sought thee in the courts, fields, and gardens,
but I have found thee in thy temples.

Thousands have been my sins, and ten thousands
my transgressions; but thy sanctifications have re-
mained with me, and my heart, through thy grace,
hath been an unquenched coal upon thine altar. O
Lord, my strength, I have since my youth met with
thee in all my ways, by thy fatherly compassions, by
thy comfortable chastisements, and by thy most visi-
ble providence. As thy favours have increased upon
me, so have thy corrections; so as thou hast been
always near me, O Lord; and ever as my worldly
blessings were exalted, so secret darts from thee
have pierced me; and when I have ascended before
men, I have descended in humiliation before thee.
And now, when I thought most of peace and honour,
thy hand is heavy upon me, and hath humbled me
according to thy former loving-kindness, keeping me
still in thy fatherly school, not as a bastard, but as a
child. Just are thy judgments upon me for my sins,
which are more in number than the sands of the sea,
but have no proportion to thy mercies; for what are
the sands of the sea, earth, heavens, and all these are
nothing to thy mercies. Besides my innumerable
sins, I confess before thee, that I am debtor to thee
for the gracious talent of thy gifts and graces, which

A PRAYER. 5

I have neither put into a napkin, nor put it, as I
ought, to exchangers, where it might have made
best profit, but mispent it in things for which I was
least fit: so I may truly say, my soul hath been a
stranger in the course of my pilgrimage. Be merci-
ful unto me, O Lord, for my Saviour’s sake, and
receive me into thy bosom, or guide me in thy ways.

A PRAYER

MADE AND USED BY THE LORD CHANCELLOR BACON.

O rerernat God, and most merciful Father in Jesus
Christ: Let the words of our mouths, and the medi-
tations of our hearts be now and ever gracious in thy
sight, and acceptable unto thee, O Lord, our God,
our strength, and our Redeemer,

O Eternal God, and most merciful Father in
Jesus Christ, in whom thou hast made a covenant of
grace and mercy with all those that come unto thee
in him; in his name and mediation we humbly pros-
trate ourselves before the throne of thy mercies seat,
acknowledging that, by the breach of all thy holy
laws and commandments, we are become wild olive-
branches, strangers to thy covenant of grace; we
have defaced in ourselves thy sacred image imprinted
in us by creation; we have sinned against heaven
and before thee, and are no more worthy to be called
thy children. O admit us into the place even ox
hired servants. Lord, thou hast formed us in our

6 A PRAYER.

mothers wombs, thy providence hath hitherto
watched over us, and preserved us unto this period
of time: O stay not the course of thy mercies and
loving-kindness towards us: have mercy upon us,
O Lord, for thy dear Son Christ Jesus sake, who is
the way, the truth, and the life. In him, O Lord,
we appeal from thy justice to thy mercy, beseeching
thee in his name, and for his sake only, thou wilt be
graciously pleased freely to pardon and forgive us all
our sins and disobedience, whether in thought, word,
or deed, committed against thy divine Majesty ; and
in his precious blood-shedding, death, and perfect
obedience, free us from the guilt, the stain, the pu-
nishment, and dominion of all our sins, and clothe us
with his perfect righteousness. There is mercy with
thee, O Lord, that thou mayest be feared; yea, thy
mercies swallow up the greatness of our sins: speak
peace to our souls and consciences ; make us happy
in the free remission of all our sins, and be recon-
ciled to thy poor servants in Jesus Christ, in whom
thou art well pleased: suffer not the works of thine
own hands to perish; thou art not delighted in the
death of sinners, but in their conversion. ‘Turn our
hearts, and we shall be turned; convert us, and we
shall be converted; illuminate the eyes of our minds
and understanding with the bright beams of thy
Holy Spirit, that we may daily grow in the saving
knowledge of the heavenly mystery of our redemp-
tion, wrought by our dear Lord and Saviour Jesus
Christ; sanctify our wils and affection by the same
Spirit, the most sacred fountain of all grace and
goodness ; reduce them to the obedience of thy most

A PRAYER. } 7

holy will in the practice of all piety toward thee, and
charity towards all men. Inflame our hearts with
thy love, cast forth of them what displeaseth thee,
all infidelity, hardness of heart, profaneness, hypo-
crisy, contempt of thy holy word and ordinances, all
uncleanness, and whatsoever advanceth itself in
opposition to thy holy will. And grant that hence-
forth, through thy grace, we may be enabled to lead
a godly, holy, sober, and Christian life, in true since-
rity and uprightness of heart before thee. To this
end, plant thy holy fear in our hearts, grant that it
may never depart from before our eyes, but conti-
nually guide our feet in the paths of thy righteous-
ness, and in the ways of thy commandments: in-
crease our weak faith, grant it may daily bring forth
the true fruits of unfeigned repentance, that by the
power of the death of our Lord and Saviour Jesus
Christ we may daily die unto sin, and by the power
of his resurrection we may be quickened, and raised
up to newness of life, may be truly born anew, and
may be effectually made partakers of the first resur-
rection, that then the second death may never have
dominion over us. ‘Teach us, O Lord, so to number
our days, that we may apply our hearts unto wisdom ;
make us ever mindful of our last end, and continually
to exercise the knowledge of grace in our hearts, that
in the said divorce of soul and body, we may be
translated here to that kingdom of glory prepared
for all those that love thee, and shall trust in thee;
even then and ever, O Lord, let thy holy angels pitch

their tents round about us, to guard and defend us
1

8 THE STUDENT'S PRAYER.

from all the malice of Satan, and from all perils both
of soul and body. Pardon all our unthankfulness,
make us daily more and more thankful for all thy
mercies and benefits daily poured down upon us.
Let these our humble prayers ascend to the throne of
grace, and be granted not only for these mercies, but
for whatsoever else thy wisdom knows needful for
us; and for all those that are in need, misery, and
distress, whom, Lord, thou hast afflicted either in
soul or body; grant them patience and perseverance
in the end, and to the end: And that, O Lord, not
for any merits of ours, but only for the merits of thy
Son, and our alone Saviour Christ Jesus; to whom
with thee and the Holy Spirit be ascribed all glory,
&e. Amen.

THE STUDENT'S PRAYER.

To God the Father, God the Word, God the
Spirit, we pour forth most humble and hearty sup-
plications ; that he remembering the calamities of
mankind, and the pilgrimage of this our life, in
which we wear out days few and evil, would please
to open to us new refreshments out of the fountains
of his goodness, for the alleviating of our miseries.
This also we humbly and earnestly beg, that human
things may not prejudice such as are divine; neither
that from the unlocking of the gates of sense, and
the kindling of a greater natural light, any thing of

THE WRITER’S PRAYER. | 9

incredulity, or intellectual night, may arise in our
minds towards divine mysteries. But rather, that
by our mind thoroughly cleansed and purged from
fancy and vanities, and yet subject and perfectly
given up to the divine oracles, there may be given
unto faith the things that are faith’s. Amen.

THE WRITER’S PRAYER.

Thou, O Father, who gavest the visible light as
the first-born of thy creatures, and didst pour into
man the intellectual light as the top and consumma-
tion of thy workmanship, be pleased to protect and
govern this work, which coming from thy goodness,
returneth to thy glory. Thou after thou hadst
reviewed the works which thy hands had made,
beheldest that every thing was very good, and thou
didst rest with complacency in them. But man,
reflecting on the works which he had made, saw that
all was vanity and vexation of spirit, and could by
no means acquiesce in them. Wherefore, if we
labour in thy works with the sweat of our brows,
thou wilt make us partakers of thy vision and thy
sabbath. We humbly beg that this mind may be
stedfastly in us; and that thou, by our hands, and
also by the hands of others, on whom thou shalt
bestow the same spirit, wilt please to convey a largess
of new alms to thy family of mankind. These things
we commend to thy everlasting love, by our Jesus,
thy Christ, God with us. Amen.

A CONFESSION OF FAITH, WRITTEN
BY THE RIGHT HONOURABLE FRANCIS BACON,
BARON OF VERULAM, &c.

I seLieve 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 per-
sons.

I believe that God is so holy, pure, and jealous,
as it is impossible for him to be pleased in any crea-
ture, 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; with-
out which eternal counsel of his, it was impossible
for hin to have descended to any work of creation;
but he should have enjoyed the blessed and indi-
vidual society of three persons in Godhead for
ever.

But that, out of his eternal and infinite good-
ness and love purposing to become a Creator, and
to communicate to his creatures, he ordained in his

A CONFESSION OF FAITH. it

eternal counsel, that one person of the Godhead
should be united to one nature, and to one particu-
lar of his creatures: that so, in the person of the
Mediator, the true ladder might be fixed, where-
by God might descend to his creatures, and his
creatures might ascend to God: so that God, by the
reconcilement of the Mediator, turning his counte-
nance towards his creatures, though not in equal
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 others
might fall, and not be restored to their estate, but
yet remain in being, though under wrath and cor-
ruption: 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 crea-
tures, 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

i> A CONFESSION OF FAITH.

condescended of his own good pleasure, and accord-
ing 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 them.

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 restitu-
tion 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 generations ;
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 : the 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 invio-
lably till the end of the world, began to be in force
when: God first rested from his works, and ceased to

A CONFESSION OF FAITH. 13

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, ne-
vertheless, 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 com-
pass; not violating nature, which is his own law,
upon the creature.

That at the first, the soul of man was not pro-
duced by heaven or earth, but was breathed imme-
diately 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 crea-
tions, he never cometh to that point or pass, but
in regard of the work of redemption, which is the
greater, and whereto all God’s signs and miracles do
refer.

That God created man in his own image, In a
reasonable soul, in innocency, in free-will, and in

14 A CONFESSION OF FAITH.

sovereignty : that he gave him a law and command-
ment, which was in his power to keep, but he kept it
not: that man made a total defection from Gods
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 upen 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 in-
sinuated by the suggestion and instigation of the
devil, who was the first defected creature, and fell
of malice, and not by temptation.

That upon the 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 in-
termission of time, after the word of God’s law be-
came, through the fall of man, frustrate as to obedi-
ence, there succeeded the greater word of the pro-
mise, 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 manners, according to
the dispensation of times. For the law was first im-
printed in that remnant of light of nature, which

A CONFESSION OF FAITH. 15

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 interpre-
ter, 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 con-
tinual 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 pro-
mise or evangile was more clearly revealed and de-
clared by the prophets, and then by the Son him-
self, and lastly by the Holy Ghost, which illumi-
nateth the Church to the end of the world.

That in the fulness of time, according to the
promise and oath, of a chosen lineage descended the
blessed seed of the woman, Jesus Christ, the only
begotten Son of God and Saviour of the world;
who was conceived by the power and overshadowing
of the Holy Ghost, 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

16 A CONFESSION OF FAITH.

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 God and man in Christ; and the unity of
Christ and the Church: the Holy 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 quick-
ened in spirit.

That Jesus, the Lord, became in the flesh a
sacrificer, and a 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 ceremonies; a corner-stone 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, performing all his sacred offices and anoint-
ing 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 Caiaphas, and was
betrayed by Judas, one of the twelve apostles, and

A CONFESSION OF FAITH. 17

was crucified at Hierusalem; 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 shewed 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 rege-
nerate by the Holy Ghost; who breatheth where he
will of free grace; which grace, as a seed incorrup-
tible, 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 cf the Holy Ghost
first figureth in us the image of Christ slain or cru-
cified, 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.

VOL. VII. c

18 A CONFESSION OF FAITH.

That the work of the Spirit, though it be not
tied to any means in heaven or earth, yet it is ordi-
narily 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 ; God’s benefits; his judg-
ments upon others; miracles; the contemplation of
his creatures: all which, though some be more
principal, God useth as the means of vocation and
conversion of his elect; not derogating from his
power to call immediately by his grace, and at all
hours and moments of the day, that is, of man’s life,
according to his good pleasure.

That the word of God, whereby his will is re-
vealed, continued in revelation and tradition until
Moses; and that the Scriptures were from Moses’s
time to the times of the apostles and evangelists ;
in whose age, after 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 con-
trary to the written word, but is as the ark, wherein
the tables of the first testament were kept and _pre-
served: that is to say, the Church hath only the
custody and delivery over of the Scriptures com-
mitted unto the same; together with the interpre-
tation of them, but such only as is conceived from
themselves.

That there is an universal or catholic Church of

A CONFESSION OF FAITH. 19

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 faithfu! 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, distin-
guished by the outward works 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 testa-
ment 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 fol-
lowed by an outward calling and ordination of the
Church.

I believe, that the souls of such as die in the
Lord are blessed, and rest from their labours, and
enjoy the sight of God, yet so, as they are in expec-
tation of a farther 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 judgment; 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 eter-

20 A CONFESSION OF FAITH.

nity: 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 revela-
tion of the sons of God; which time is the last, and
is everlasting without change.

THE CHARACTERS OF A BELIEVING CHRISTIAN,

IN PARADOXES AND SEEMING CONTRADICTIONS.

1. A CHRISTIAN is one that believes things his
reason cannot comprehend; he hopes for things which
neither he nor any man alive ever saw: he labours
for that which he knoweth he shall never obtain ;
yet in the issue, his belief appears not to be false >
his hope makes him not ashamed; his labour is not
in vain.

2. He believes three to be one, and one to be
three ; a father not to be elder than his son; a son to
be equal with his father; and one proceeding from
both to be equal with both; he believing three per-
sons in one nature, and two natures in one person.

3. He believes a virgin to be a mother of a son;
and that very son of her’s to be hermaker. He be-
lieves him to have been shut up in a narrow room,
whom heaven and earth could not contain. He be-
lieves him to have been born in time, who was and is
from everlasting. He believes him to have been a
weak child, carried in arms, who is the Almighty ;
and him once to have died, who only hath life and
immortality in himself.

4, He believes the God of all grace to have been
angry with one that hath never offended him; and
that God, that hates sin, to be reconciled to himself,
though sinning continually, and never making, or
being able to make him satisfaction. He believes a
most just God to have punished a most just person,

®
e

22 CHRISTIAN. PARADOXES.

and to have justified himself though a most ungodly
sinner. He believes himself freely pardoned, and
yet a sufficient satisfaction was made for him.

5. He believes himself to be precious in God’s
sight, and yet lothes himself in his own. He dares
not justify himself even in those things wherein he
can find no fault with himself, and yet believes God
accepts him in those services wherein he is able to
find many faults.

6. He praises God for his justice, and yet fears
him for his mercy. He is so ashamed as that he
dares not open his mouth before God; and yet he
comes with boldness to God, and asks him any thing
he needs. He is so humble as to acknowledge him-
self to deserve nothing but evil; and yet believes
that God means him all good. He is one that fears
always, yet is as boldas a lion. He is often sorrow-
ful, yet always rejoicing ; many times complaining,
yet always giving of thanks. He is the most lowly-
minded, yet the greatest aspirer; most contented,
yet ever craving.

7. He bears a lofty spirit in a mean condition ;
when he is ablest, he thinks meanest of himself. He
is rich in poverty, and poor in the midst of riches.
He believes all the world to be his, yet he dares take
nothing without special leave from God. He cove-
nants with God for nothing, yet looks for a great
reward. He loseth his life and gains by it; and
whilst he loseth it, he saveth it.

8. He lives not to himself, yet of all others he is
most wise for himself. He denieth himself often, yet

CHRISTIAN PARADOXES. 23

no man loveth himself so well as he. He is most re-
proached, yet most honoured. He hath most afflic-
tions, and most comforts.

9. The more injury his enemies do him, the more
advantages he gains by them. The more he forsakes
worldly things, the more he enjoys them.

10. He is the most temperate of all men, yet
fares most deliciously; he lends and gives most freely,
yet he is the greatest usurer; he is meek towards all
men, yet inexorable by men. He is the best child,
husband, brother, friend; yet hates father and mother,
brother and sister. He loves all men as himself, yet
hates some men with a perfect hatred.

11. He desires to have more grace than any man
hath in the world, yet is truly sorrowful when he
seeth any man have less than himself; he knoweth
no man after the flesh, yet gives all men their due
respects; he knoweth if he please man he cannot be
the servant of Christ; yet for Christ’s sake he pleaseth
all men in all things. He is a peace-maker, yet is a
continual fighter, and is an irreconcileable enemy.

12. He believes him to be worse than an infidel
that provides not for his family, yet himself lives and
dies without care. He accounts all his superiors, yet
stands stiffly upon authority. He is severe to his
children, because he loveth them; and by being
favourable unto his enemy, he revengeth himself
upon him.

13. He believes the angels to be more excellent
creatures than himself, and yet accounts them his
servants, He believes that he receives many good

24. CHRISTIAN PARADOXES,

things by their means, and yet he neither prays for
their assistance, nor offers them thanks, which he
doth not disdain to do to the meanest Christian.

14. He believes himself to be a king, how mean
soever he be: and how great soever he be, yet he
thinks himself not too good to be a servant to the
poorest saint.

15. He is often in prison, yet always at liberty ;
a freeman, though a servant. He loves not honour
amongst men, yet highly prizeth a good name.

16. He believes that God hath bidden every
man that doth him good todo so; he yet of any
man is the most thankful to them that do aught for
him. He would lay down his life to save the soul of
his enemy, yet will not adventure upon one sin to
save the life of him who saved his.

17. He swears to his own hindrance, and changeth
not; yet knoweth that his oath cannot tie him to
sin.

18. He believes Christ to have no need of any
thing he doth, yet maketh account that he doth
relieve Christ in all his acts of charity. He knoweth
he can do nothing of himself, yet labours to work
out his own salvation. He professeth he can do
nothing, yet as truly professeth he can do all things :
he knoweth that flesh and blood cannot inherit the
kingdom of God, yet believeth he shall g° to heaven
both body and soul.

19. He trembles at God’s word, yet counts it
sweeter to him than honey and the honey-comb,
and dearer than thousands of gold and silver.

CHRISTIAN PARADOXES. 35

90. He believes that God will never damn him,
and yet fears God for being able to cast him into
hell. He knoweth he shall not be saved by nor
for his good works, yet he doth all the good works
he can.

21. He knoweth God’s providence is in all things,
yet is so diligent in his calling and business, as if he
were to cut out the thread of his happiness. He
believes before-hand that God hath purposed what
he shall be, and that nothing can make him to alter
his purpose; yet prays and endeavours, as if he
would force God to save him for ever.

22. He prays and labours for that which he is
confident God means to give; and the more assured
he is, the more earnest he prays for that he knows
he shall never obtain, and yet gives not over. He
prays and labours for that which he knows he shall
be no less happy without; he prays with all his
heart not to be led into temptation, yet rejoiceth
when he is fallen into it; he believes his prayers are
heard, even when they are denied, and gives thanks
for that which he prays against.

23. He hath within him both flesh and spirit,
yet he is not a double-minded man; he is often led
captive by the law of sin, yet it never gets dominion
over him; he cannot sin, yet can do nothing with-
out sin. He doth nothing against his will, yet main-
tains he doth what he would not. He wavers and
doubteth, yet obtains.

24. He is often tossed and shaken, yet is as
mount Sion; he is a serpent and a dove; a lamb

26 CHRISTIAN PARADOXES.

and a lion; a reed and a cedar. He is sometimes
so troubled, that he thinks nothihg to be true in
religion ; yet if he did think so, he could not at all
be troubled. He thinks sometimes that God hath
no mercy for him, yet resolves to die in the pursuit
of it. He believes, like Abraham, against hope,
and though he cannot answer God’s logic, yet, with
the woman of Canaan, he hopes to prevail with the
rhetoric of importunity.

25. He wrestles, and yet prevails ; and though
yielding himself unworthy of the least blessing he
enjoys, yet, Jacob-like, he will not let him go without
a new blessing. He sometimes thinks himself to
have no grace at all, and yet how poor and afflicted
soever he be besides, he would not change conditions
with the most prosperous man under heaven, that is
a manifest worldling.

26. He thinks sometimes that the ordinances of
God do him no good, yet he would rather part with
his life than be deprived of them.

27. He was born dead; yet so that it had been
murder for any to have taken his life away. After
he began to live, he was ever dying.

28. And though he hath an eternal life begun in
him, yet he makes account he hath a death to pass
through.

29. He counts self-murder a heinous sin, yet is
ever busied in crucifying the flesh, and in putting to
death his earthly members ; not doubting but there
will come a time of glory, when he shall be esteemed
precious in the sight of the great God of heaven and

CHRISTIAN PARADOXES. Ay f

earth, appearing with boldness at his throne, and ask-
ing any thing he needs; being endued with humility,
by acknowledging his great crimes and offences, and
that he deserveth nothing but severe punishment.

30. He believes his soul and body shall be as full
of glory as them that have more; and no more full
than theirs that have less.

31. He lives invisible to those that see him, and
those that know him best do but guess at him; yet
those many times judge more truly of him than he
doth of himself. 7

32. The world will sometimes account him a
saint, when God accounteth him a hypocrite; and
afterwards, when the world branded him for an
hypocrite, then God owned him for a saint.

33. His death makes not an end of him. His
soul which was put into his body, is not to be per-
fected without his body; yet his soul is more happy
when it is separated from his body, than when it
was joined untoit: And his body, though torn in
pieces, burnt to ashes, ground to powder, turned to
rottenness, shall be no loser.

34. His Advocate, his Surety shall he his Judge ;
his mortal part shall become immortal; and what
was sown in corruption and defilement shall be
raised in incorruption and glory; and a finite crea-
ture shall possess an infinite happiness. Glory be
to God.

AN ADVERTISEMENT TOUCHING
THE CONTROVERSIES OF THE CHURCH
OF ENGLAND.

Ir 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 contro-
versies: for as it is the condition of the Church mili-
tant 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 con-
trary blasts of doctrine, doth sift and winnow 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 later
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 counterfeited, but
his authority and pre-eminence, which is to be the
truth itself, should be challenged and pretended.
Thus have we read and seen to be fulfilled that
which followeth, “ Ecce in deserto, ecce in pene-
tralibus:” while some have sought the truth in the
conventicles and conciliables of heretics and sectaries ;

9

others in the external face and representation of the
Church; and both sorts have been seduced. Were
it then that the controversies of the Church of Eng-
land were such, as they did divide the unity of the
spirit, and not only such as do unswathe her of her

OF CHURCH CONTROVERSIES. 29

bands, the bands of peace, yet could it be no occa-
sion 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 pronounced against heretics ; “ Er-
ratis, nescientes Scripturas, et potestatem Dei ;” you
do err, not knowing the Scripture, and the power of
God : as we need the admonition of St. 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 for-
mer 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 sin-
cerely and modestly propounded for the appeasing
of these dissentions. For if 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 of faith,
such as detained the churches for many years after
their first peace, what time the heretics moved cu-
rious questions, and made strange anatomies of the

30 _ OF CHURCH CONTROVERSIES.

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 asit 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 cadem adsit in co-
lendo;” 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 be-
tween 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 external policy and government of, the
Church ; in which kind, ifwe would but remember4hat
the ancient and true bonds 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, “ differentia rituum commendant uni-
tatem doctrine ;” the diversities of ceremonies do
set forth the unity of doctrine; and that “ habet
religio que sunt xternitatis, habet que sunt tempo-
ris ;” 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,

OF CHURCH CONTROVERSIES. St

commended by St. James, our controversies of them-
selves would close up and grow together: but most
especially, if we would leave the over-weaning 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 posi-
tions, but to deliver counsels and advices, we should
need no other remedy at all: “ si eadem consulis,
frater, que affirmas, consulenti debetur reverentia,
cum non debeatur fides affirmanti;”’ brother, if that
which you set down as an assertion, you would de-
liver by way of advice, there were reverence due to
your counsel, whereas faith is not due to your affir-
mation. St. Paul was content to speak thus, “ Ego,
non Dominus,” I, and not the Lord: “ Et, secundum

2

consilium meum;” according to my counsel. But
now men do too lightly say, “ Non ego, sed Domi-
nusg. not I, but the Lord: yea, and bind it with
an heavy denunciation of his judgments, 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 farther opposition, and worketh an indis-
position in men’s minds to be reunited: wherein no
accusation is pretended; but I find in reason, that

on OF CHURCH CONTROVERSIES.

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 repetitis
conditionibus dissidii, is magis animos hominum dul-
cedine pacis fallit, quam zquitate componit.”

And first of all, it is more than time that there
were anend and surcease 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 acharacter. of zeal or love. The latter of
which, as 1 could wish rather embraced, being more
proper for these times, yet is the former warranted
also by great examples.

But to leave all reverent and religious com-
passion towards evils, or indignation towards faults,
and to turn religion into a comedy or satire; to
search and rip up wounds with a laughing counte-
nance, to intermix Scripture and scurrility sometimes
in one sentence, is a thing far from the devout reve-
rence of a Christian, and scant beseeming the honest
regard of a sober man. “ Non est major confusio,

OF CHURCH CONTROVERSIES. 30

quam serii et joci.” There is no greater confusion
than the confounding of jest and earnest. ‘The ma-
jesty 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 ea: that
sect will make no small progression.

And here I do much esteem the wisdom and re-
ligion of that bishop which replied to the first pam-
phlet 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 be-
lieved it not :” as if he 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 wea-
pons, and pledged in their own cup. ‘This seemed
to him as profound a device, 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

VOL. VII. D

34 OF CHURCH CONTROVERSIES.

things will not excuse the imitation of evil in ano-
ther. It should be contrariwise with us, as Cesar
said, “ Nil malo, quam eos similes esse sul, 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 percase 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 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 [ am far
from wronging so far as tojoin them with these scof-
fers, 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 fawn-
ing persons do misconjecture of the humours of men
in SHUOLD E and many times, ‘ Veneri immolant
suem,” they seek to gratify them with that which
they most dislike : for I have great reason to satisfy

OF CHURCH CONTROVERSIES. 35

myself touching the judgment of my lords the
bishops in this matter, by that which was written by
one of them, which I mentioned before with honour.
Nevertheless I note, there is not an indifferent hand
carried towards these pamphlets as they deserve ;
for the one sort flieth in the dark, and the other is
uttered openly ; wherein I might advise that side
out of a wise writer, who hath set it ue that
“ punitis ingenlis gliscit auctoritas.”

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 into the faces of those
that seek to choke it, and tread it out; whereas a
book authorised is thought to be but “ temporis
voces,” the language of the time. Butin plain truth
I do find, to mine understanding, these pamphlets
as meet to be suppressed as the other. First, be-
cause as the former sort doth deface the government
of the Church in the persons of the bishops and pre-
lates, so the other doth lead into contempt the exer-
cises 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 un-
justly acknowledged, as untruly affirmed. I know
his meaning is to enforce this irreverent and violent
impugning of the government of bishops to be a sus-

36 OF CHURCH CONTROVERSIES.

pected forerunner of a more general contempt. And
I grant there is asympathy 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 un-
derstanding and conscience, as the intemperate extra-
vagancies of some light persons. Yea farther, that
men beware, except they mean to adventure to de-
prive themselves of all sense of religion, and to pave
their own hearts, and make them as the high way,
how they may 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 soonest
acknowledged ; though I perceive, nevertheless, that
there want not some who seek to blanch and ex-
cuse it.

But to descend to a sincere view and considera-
tion 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 contro-
versies : and also the inconsiderate and ungrounded
taking of occasion.

OF CHURCH CONTROVERSIES. 37

The next is, the extending and multiplying
the controversies to a more general opposition or
contradiction than appeareth at the first propound-
ing of them, when men’s judgments are least par-
tial.

The third is, the passionate and unbrotherly
practices and proceedings of both parts towards the
persons each of others, for their discredit and sup-
pression.

The fourth is, the courses holden and entertained
on either side, for the drawing of their partisans to
amore strait union within themselves, which ever
importeth a farther distraction of the intire body.

The last is, the undue and inconvenient pro-
pounding, publishing, and debating of the contro-
versies. In which point the most palpable error
hath been already spoken of, as that, which through
the strangeness and freshness of the abuse first offer-
eth 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 whilst the bishops and governors of the Church
continue full of knowledge and good works; whilst
they feed the flock indeed; whilst they deal with
the secular states in all liberty and resolution, ac-
cording to the majesty of their calling, and the pre-
cious care of souls imposed upon them, so long the
Church is“ situated” as it were “upon an hill;” no man

38 OF CHURCH CONTROVERSIES. °

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 grope for the Church as in the
dark; they are in doubt whether they be the suc-
cessors of the apostles, or of the Pharisees; yea,
howsoever they sit in Moses’ chair, yet they can
never speak, “tanquam auctoritatem habentes,” as
having authority, because they have lost their repu-
tation 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 ene-
my, 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 ought. No contradiction hath supplanted in
me the reverence that I owe to their calling; nei-
ther hath any detraction or calumny imbased mine
opinion of their persons. I know some of them,
whose names are most pierced with these accusa-
tions, to be men of great virtues; although the in-

OF CHURCH CONTROVERSIES. 39

disposition of the times, and the want of correspon-
dence 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 ; nei-
ther have I “ two witnesses.” And I know it is truly
said of fame, that
“ Pariter facta, atque infecta canebat.”

Their taxations arise not all from one coast ;
they have many and different enemies ready to in-
vent slander, more ready to amplify it, and most
ready to believe it. And “ Magnes mendacii credu-
litas ;” credulity is the adamant of lies. But ifany 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 stum-
bled too fondly at the threshold, in such sort that he
cannot sit well, that entered iJ] ; it is time they return |
whence they are fallen, and confirm the things that
remain.

Great is the weight of this fault; “ et eorum

causa abhorrebant homines a sacrificio 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.

_ Itis the precept of Solomon, that the rulers be
not reproached ; no, not in our thought: but that
we draw our very conceit into a modest interpreta-
tion of their doings. The holy angel would give no
sentence of blasphemy against the common slan-
derer, but said, “Increpet te Dominus,” the Lord

AO OF CHURCH CONTROVERSIES.

rebuke thee. The Apostle St. Paul, though against
him that did pollute sacred justice with tyrannous
violence, did justly denounce the judgment of God,
saying, “ Percutiet 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,
et umbram sacerdotis expavit.”

The ancient councils 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
greater fault is it to ascend from their person to
their calling, and draw that in question. Many good
fathers spake rigorously and severely of the unwor-
thiness of bishops; as if presently it did forfeit, and
cease their office. One saith, “ Sacerdotes nomina-
mur, et non sumus,” we are called priests, but priests
weare not. Another saith, ‘* Nisi bonum opus am-

’

plectaris, episcopus esse non potes ;’ except thou
undertake the good work, thou canst not be a
bishop; yet they meant nothing less than to move
doubt of their calling or ordination.

The second occasion of controversies, is the na-
ture 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

OF CHURCH CONTROVERSIES. Al

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 ad-
here to these men; ‘ quorum gloria in obsequio ;”
stiff followers, and such as zeal marvellously 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 partial 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 them-
selves, 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 dis-
contentments, 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 the realm. There men will no longer be
“enumero,” of the number. ‘There do others side
themselves before they know their right hand from
their left: so it is true which is said, “ transeunt ab
ignorantia ad prejudicium,” they skip from ignorance
to a prejudicate opinion, and never take a sound
judgment in their way. But as it is well noted,
‘“‘ inter juvenile judicium et senile prajudicium,
omnis veritas corrumpitur:” through want of years,
when men are not indifferent, but partial, then their

42 OF CHURCH CONTROVERSIES.

judgment is weak and unripe; and when it groweth
to strength and ripeness, by that time it is forestalled
with such a number of prejudicate opinions, as it is
made unprofitable: so as between these two all
truth iscorrupted. In the mean while, the honour-
able 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
et contentio, nonne 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 St. James,
“ Non est ista sapientia de sursum descendens, sed
terrena, animalis, diabolica: ubi enim zelus et con-
tentio, ibi inconstantia et omne opus pravum.” Of
this inconstancy it is said by a learned father, “ Pro-
cedere volunt non ad perfectionem, sed ad permuta-
tionem ;” they seek to go forward still, not to per-
fection, but to 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 Arius, grounded espe-
cially upon detestation of Gentilism, lest the Chris-

OF CHURCH CONTROVERSIES, 435

tian should seem, by the assertion of the equal divi-
nity of our Saviour Christ, to approach unto the
acknowledgement of more gods than one. The
detestation of the heresy of Arius produced that of
Sabellius: who, holding for execrable the dissimili-
tude which Arius pretended in the Trinity, fled so
far from him, as he fell upon that other extremity,
to deny the distinction of persons; and to say, they
were but only names of several offices and dispensa-
tions. Yea. most of the heresies and schisms of the
Church have sprung up of this root; while men have
made it as it were their scale, by which to measure
the bounds of the most perfect religion; taking it
by the farthest distance from the error last con-
demned. These be “ posthumi heresium filti ;”
heresies that arise out of the ashes of other heresies
that are extinct and amortised.

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 subtile and dangerous
conceit for men to entertain; apt to delude them-
selves, more apt to delude the people, and most apt
of ali to calumniate their adversaries. This surely,
but that a notorious condemnation of that position

4.4, OF CHURCH CONTROVERSIES.

was before our eyes, had long since brought us to the
re-baptisation 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-ordain-
ing of priests, is a matter already resolutely main-
tained. It is very meet that men beware how they
be abused by this opinion; and that they know, that
it is aconsideration 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 than 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 controver-
sles, 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 con-
versant 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 their churches had received the better form,
yet many times it is to be sought, “ non quod opti-
mum, sed e bonis quid proximum ;” not that which
is best, but of good things which is the best and

- OF CHURCH CONTROVERSIES. 45

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 king-
dom: yet, God forbid that lawful kingdoms should
be tied to innovate and make alterations. “ Qui
mala introducit, voluntatem Dei oppugnat revelatam
in verbo; qui nova introducit, voluntatem Dei op-
pugnat 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.
“ Consule providentiam Dei, cum verbo Dei;” take
counsel of the providence of God, as weil as of his
word. Neither yet do I admit that their form, al-
though 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 :
“‘ Kquidem,” saith a wise father, “ ut vere quod res
est scribam, prorsus decrevi fugere omnem conyven-
tum episcoporum ; nullius enim concilii bonum exi-
tum unquam vidi; concilia enim non minuunt mala,
sed augent potius :” ‘To say 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 councils abate not ill things, but rather
increase them. Which is to be understood not so
much of general councils, as of synods, gathered for

46 OF CHURCH CONTROVERSIES.

the ordinary government of the Church. As for the
deprivation of bishops, and such like causes, this
mischief hath taught the use of archbishops, patri-
archs, 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 loth to derogate
from the honour of those churches, were it not to
remove scandals, that their fruits are as torches in
the dark, which appear greatest afar off. I know
they may have some strict orders for the repressing
of sundry excesses: but when I consider of the cen-
sures of some persons, as well upon particular men
as upon churches, I think on the saying of a Plato-
nist, who saith, “ Certe vitia irascibilis partis anime
sunt gradu praviora, quam concupiscibilis, tametsi
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 first fruit; and
not asthe brier 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 pro-
gression of the controversies; whereby will be veri-
fied the saying of Solomon, that “ the course of con-

oO
a

OF CHURCH CONTROVERSIES, 47

tention 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
calls for reformation, was first propounded some dis-
like of certain ceremonies supposed to be supersti-
tious ; some complaint of dumb ministers who possess
rich 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 fore-
sight of peril, and perturbation of the Church and
State, must be erected and planted by the magis-
trate. Here they stay. Others, not able to keep
footing in so stcep ground, descend farther; 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 has been the progres-
sion 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.

48 OF CHURCH CONTROVERSIES.

The other part, which maintaineth the present
government of the Church, hath not kept one tenor .
neither. First, those ceremonies which were pre-
tended 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 later
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 toa
more absolute defence and maintenance of all the
orders of the Church, and stiffly to hold, that no-
thing was to be innovated ; partly because it needed
not, partly because it would make a breach upon
the rest. Hence, exasperated through contentions,
they are fallen to a direct condemnation of the con-
trary part, as of a sect. Yea, and some indiscreet
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 mean-
ing and scope be not, as I said before, to enter into

OF CHURCH CONTROVERSIES. 49

the controversies themselves, yet I do admonish the
maintainers of the alone discipline, to weigh and con-
sider 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 Lord’s 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 avoid blame, in the opinion of an
indifferent person, in standing so precisely upon
altering nothing: “ leges, novis legibus non recreate,
acescunt ;” laws, not refreshed with new laws, wax
sour. “ Qui mala non permutat, in bonis non _per-
severat :” without change of ill, a man cannot conti-
nue the good. ‘lo take away many abuses, sup-
planteth not good orders, but establisheth them.
“‘ Morosa moris retentio, res turbulenta est, eque ac
novitas ;” a contentious retaining of custom is a tur-

VOL. VII. E

50 OF CHURCH CONTROVERSIES.

bulent thing, as well as innovation. A good husband
is ever pruning in his vineyard or his field; not un-
seasonably, 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 accep-
tation. ‘Their own constitutions and orders have
reformed them little. Is nothing amiss? Can any
man defend the use of excommunication as a base
process to lackey up and down for duties and fees ;
it being a precursory judgment 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 soundly, and to
handle the Scriptures with wisdom and judgment?
I know prophesying was subject to great abuse, and
would be more abused now ; because heat of conten-
tions is increased: but I say the only reason of the
abuse was, because there was admitted to it a popu-
Jar auditory ; and it was not contained within a pri-
vate 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 gra-
cious and good. And thus much for the second
point.

Now, as to the third point, of unbrotherly pro-

OF CHURCH CONTROVERSIES. 51

ceeding 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: “ Injurie 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 Casar, 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 re-
ceive 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,
which is a thing captious and strainable. Their
urging of subscription to their own articles, is but
“ lacessere, et irritare morbos Ecclesiz,” which other-
wise would spend and exercise themselves. “ Non
consensum querit sed dissidium, qui, quod factis
prestatur, in verbis exigit :” He seeketh not unity,
but division, which exacteth that in words, which
men are content to yield in action. And it is true,

52 OF CHURCH CONTROVERSIES.

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 scarcity of preachers, it 15, to
punish the people, and not them. Ought they not,
I mean the bishops, to keep one eye open, to look
upon the good that those men do, not to fix them
both upon the hurt that they suppose cometh by
them? Indeed, such as are intemperate and incor-
rigible, God forbid they should be permitted to
preach: but shall every inconsiderate word, some-
times captiously watched, and for the most part
hardly enforced, be as a forfeiture of their voice and
gift in preaching? As for sundry particular moles-
tations, 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. stile;
whereas the very form of prayer in the book of Com-
mon-Prayer hath, “ Thy servant Elizabeth,” and no
‘more: Ifa third shall be accused, upon these words
uttered touching the controversies, “ tollatur lex, et
fiat certamen,” whereby was meant, that the preju-
dice of the law removed, either reasons should be
equally compared, of calling the people to sedition

OF CHURCH CONTROVERSIES. o3

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 rumour,
and cannot affirm; it is to be lamented that they
should labour amongst us with so little comfort. I
_know restrained governments are better than remiss;
and I am of his mind that said, Better is it to live
where nothing is lawful, than 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 justitiam 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 irreverent behaviour towards their supe-
riors. This last invention also, which exposeth them
to derision and obloquy by libels, chargeth not, as I
ain persuaded, the whole side: neither 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 aids, certain mercenary bands, which impugn
bishops, and other ecclesiastical dignities, to have the
spoil of their endowments and livings: of these. I
cannot speak too hardly. It is an intelligence be-
tween incendiaries and robbers, the one to fire the
house, the other to rifle it.

The fourth point wholly pertaineth to fren

54 OF CHURCH CONTROVERSIES.

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 schis-_
matica;” there be as well schismatical fashions as
opinions. First, they have impropriated unto them-
selves the names of zealous, sincere, and reformed;
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 com-
pare 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 counter-
feit, and practised in hypocrisy. So St. John saith,
that “aman doth vainly boast of loving God whom
he never saw, if he love not his brother whom he
hath seen.” And St. 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 apostle’s 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

OF CHURCH CONTROVERSIES. 56

time, and in the beginning of her majesty’s reign,

was but in the cradle; and the bishops in those
times did somewhat grope for day-break, but that
maturity and fulness of light proceedeth from them-
selves. So Sabinius, bishop of Heraclea, a Macedo-
nian 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 re-
fuse that farther ripeness of knowledge which time
had revealed. And as they censure virtuous men
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 scho-
_lastical manner of preaching, but soundly indeed,
ordering the matter he handleth distinctly. for
memory, deducting and drawing it down for direc-
tion, 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 St. Paul, speaking of the “ en-
ticing speech of man’s wisdom.”

Now for their own manner of preaching, what is
it? Surely they exhort well, and work compunc-
tion of mind, and bring men well to the question,
‘“‘ Viri, fratres, quid faciemus?” 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

56 OF CHURCH CONTROVERSIES.

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 conscientie ;” that a man
may be warranted in his particular 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 mat-

ter 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 preserved
for instruction.

Again, they carry not an equal hand in teaching
the people their lawful liberty, as well as their re-
straints and prohibitions: but they think a man can-
not go too far in that that hath a shew of a com-
mandment. ) | |

They forget that there are sins on the right
hand, as well as on the left; and that the word is

double-edged, and cutteth on both sides, as well the
_ profane transgressions as the superstitious obser-
- vances. 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

OF CHURCH CONTROVERSIES. | 57

loose where God hath bound? Amongst men it is
commonly as ill taken to turn back favours, as to
disobey commandments. In this kind of zeal, for
example, they have pronounced generally, and with-
out difference, all untruths unlawful ; notwithstand-
ing, 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 Solomon’s
selected judgment 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 Emmaus. Farther, I have heard some
sermons of mortification, which, I think, with very
good meaning, they have preached out of their own
experience and exercise, and things in private coun-
sels not unmeet; but surely no sound conceits,
much like to Parsons “ Resolution,” or not so good ;
apt to bread in men rather weak opinions and per-
plexed despairs, than filial and true repentance
which is sought.

Another point of great inconvenience and peril,
is to entitle the people to hear controversies, and all
kinds 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 be-
_ tween milk and strong meat is confounded : and his
precept, that the weak be not admitted unto ques-
tions and controversies, taketh no place.

But most of all is to be suspected, as a seed of
farther inconvenience, their manner of handling the
Scriptures; for whilst they-seek express Scripture

08 OF CHURCH CONTROVERSIES.

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 its 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 Lord’s supper, to
have a sermon precedent; they have, in a sort, an-
nihilated the use of liturgies, and forms of divine ser-
vice, 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, be-
cause 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 afew that
_ call hotly for a preaching ministry, deserve to be the
first themselves that should be expelled. All which
errors and misproceedings they do fortify and in-
trench by an addicted respect to their awn opinions,
and an impatience to hear contradiction or argu-

OF CHURCH CONTROVERSIES. oo

ment; yea, I know some of them 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 ;”
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 heart. 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 con-
elude this point.

The last point, touching the due publishing and
debating of these controversies, needeth no long
speech. This strange abuse of antiques and pasquils
hath been touched before: so likewise I repeat that
which I said, that a character of love is more pro-
per for debates of this nature, than 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 pro-

~

without an “ omnia probate,’

60 OF CHURCH CONTROVERSIES.

motion on the one side, nor glory and heat on the
other side, ought to continue those challenges and
cartels at the cross and other places ; but rather all
preachers, especially such as be of good temper, and
have wisdom with conscience, ought to inculcate and
beat upon a peace, silence, and surseance. Neither
let them fear Solon’s law, which compelled in fac-
_ tions 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 ; where-
fore I am not out of hope that it may do good; at
the least I shall not repent myself of the medita-
tion. |

CERTAIN CONSIDERATIONS TOUCHING
_ THE BETTER PACIFICATION AND EDIFICATION
OF THE CHURCH OF ENGLAND. /

DEDICATED TO HIS MOST EXCELLENT MAJESTY.

a™

Tue unity of your Church, excellent Sovereign, is
athing no less precious than the union of your
kingdoms ; being both works wherein your happi-
ness may contend with your worthiness. Having
therefore presumed, not without your majesty’s
gracious acceptation, to say somewhat on the one, I
am the. more encouraged not to be silent in the
other: the rather, because it is an argument that I
have travelled in heretofore.* But Solomon com-
mendeth 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 bDles-
sings upon this Church and commonwealth; a
shower of that influence as the very first dews 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.
* Vide page 28,

8

62 OF THE PACIFICATION OF THE CHURCH.

It is very true, that these ecclesiastical matters
are things not properly appertaining to my profes-
sion; 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 interested, some
led and addicted, some declared and engaged, did
not or would not see. And that knowing in my
conscience, whereto 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 leaven ; I may conceive hope, that what I want
in depth of judgment may be countervailed in sim-
plicity 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 em-
braced, as may appear by that which I have many
years since written of them, according to the pro-
portion nevertheless of my weakness, a consent and
conformity with that which your Majesty hath pub-
lished 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.

OF THE PACIFICATION OF THE CHURCH. 63

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 wish, and not to propound. Others
proceed as if they had rather a mind of removing
than of reforming. But howsoever either side, as
men, though excellent men, shall run into extremi-
ties; 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 judgment
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 learn-
ing, 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 king-
doms. Neither is there wanting to your Majesty
that fourth light, which though it be but a borrowed
light, 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 likewise submit whatsoever I

64 OF THE PACIFICATION OF THE CHURCH.

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 eccle-
siastical jurisdiction as it now standeth ; and, when
your Majesty hath determined and ordered, that
every good subject ought to rest satisfied, and ap-
ply 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, than 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 directly confront and oppone to reformation :
the one bringing it to anullity, and the other to an
impossibility. The first is, that it is against good
policy to innovate any thing in Church matters; the
other, that all reformation must be after one plat-
form.

For the first of these, it is excellently said by
the prophet; “ State super vias antiquas, et videte,
quenam sit via recta et vera, et ambulate in ea.” So
as he doth not say, “ State super vias antiquas, et
ambulate in eis:” For it is 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

OF THE PACIFICATION OF THE CHURCH. 65

direction. But on the other side, who knoweth not,
that time is truly compared to a stream, that car-
rieth down fresh and pure waters into that salt sea
of corruption which environeth 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 insti-
tutions 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 reme-
dies as fast as time breedeth mischief: and contra-
riwise the ecclesiastical state should still continue
upon the dregs of time, and receive no alteration
now for these 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 eccle-
siastical, they may as well tell me that churches and
chapels need no reparations, though castles and
houses do: whereas commonly, to speak truth, dila-
pidations of the inward and spiritual edifications of
the Church of God are in all times as great as the
outward and material. Sure [am that the very
word and stile of reformation used by our Saviour,
“ab initio non fuit sic,” was applied to Church
VOL. VII. F

66 OF THE PACIFICATION OF THE CHURCH.

matters, and those of the highest nature, concern-
ing the law moral.

Nevertheless, he were both unthankful and un-
wise, 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 rather the compa-
rison should be in the virtues, than, 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 brier and 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 excel-
lent preachers, famous writers, and grave governors.
But for the discipline and orders of the Church,
as many, and the chiefest of them, are holy and good ;
so yet, if St. John were to indite an epistle tothe
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 thereto it is not amiss to touch that
objection, which is made to the time, and not to the
matter; pretending, that if reformation were neces-
sary, yet it were not now seasonable at your Majes-
ty’s first entrance: yet Hippocrates saith, “ Si quid

OF THE PACIFICATION OF THE CHURCH. 67

moves, a principio move:” and the wisdom of all
examples do shew, 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 suspence,
then are they best wrought and managed. And
therefore it seemeth to me, that as the spring of na-
ture, 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 than of reason; and yet such as I think
maketh a great impression in the minds of very wise
and well-affected persons ; 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 con-
tentions 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 these things
being with us to have an orderly passage, under a
king who hath a royal power and approved judg-

68 OF THE PACIFICATION OF THE CHURCH.

ment, 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 soenwrapped 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 reforma-
tion to be admitted at all.

For the second point, that there should be but
one form of discipline in all churches, and that im-
posed 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. I 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 mo-
narchies and kingdoms, senates and_ seignories,
popular states, and communalities, are lawful, and
where they are planted ought to be maintained in-
violate.

So likewise in Church matters, the substance of

OF THE PACIFICATION OF THE CHURCH. 69

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 disci-
pline ; and that we observe the league of Christians,
as itis penned by our Saviour; which is in sub-
stance 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 there be a
due and reverent use of the 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 discre-
tion of the master builders and inferior builders in
Cnrist’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 sit.”

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

70 OF THE PACIFICATION OF THE CHURCH.

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 improper 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 conve-
nient for kingdoms, than parity of ministers and
government by synods. But then farther, it is to be
considered, that the Church is not now to plant or
build; but only to be pruned 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 et 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 altera-

OF THE PACIFICATION OF THE CHURCH. 71

tion 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 adminis-
, tration of bishops, wherein, I confess, I could never
be satisfied ; the one, the sole exercise of their autho-
rity; the other, the deputation of their authority.

For the first, the bishop giveth orders alone, ex-
communicateth alone, judgeth alone. ‘This seemeth
to be a thing almost without example in good go-
vernment, and therefore not unlikely to have crept in
in the degenerate and corrupt times. We see the
greatest kings and monarchs have their councils.
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 councils of divers.
The star-chamber is an assembly of the king’s privy
council, aspersed with the lords spiritual and tem-
poral: 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

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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, and have no exception from that
general malediction which is pronounced against all
-men living, “ Ve soli, nam si occideret, &c.” Nay,
we see that the first warrant in spiritual causes is
directed to a number, “ Dic Ecclesiz ;” which 1s 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 councils, as of all the .
states in parliament. Whence should this sole exer-
cise of jurisdiction come? Surely I do suppose, and,
I think, upon good ground, that “ ab initio non fuit

’

ita;” and that the deans and chapters were councils
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 re-
venues and endowments, but much more in jurisdic-
tion ecclesiastical. Butit is probable, that the deans
and chajsters 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 incroach and usurp; and so the one continueth,
and the other is lost. And we see that the bishop
of Rome, “ fas enim et ab hoste doceri,” and no ques-
tion in that church the first institutions were excel-

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lent, performeth all ecclesiastical jurisdiction as in
consistory.

And whereof consisteth this consistory, but of the
parish-priests of Rome, which term themselves car-
dinals, “ a cardinibus mundi ;” because the bishop
pretendeth to be universal over the whole world?
And hereof again we see many shadows yet remain-
ing: as, that the dean and chapter, “ pro forma,”
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 accord-
ing 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 re-
stored to the true and proper use, as shall be after-
wards touched, in sentencing the validity of marriages
and legitimations, in judging causes criminous, as
simony, incest, blasphemy, and the like, should not
preceed sole and unassisted: which point, as I un-
derstand it, is a reformation that may be planted
“sine strepitu,” without any perturbation at all:
and isa matter which will give strength to the
bishops, countenance to the inferior degrees of pre-
lates or ministers, and the better issue or proceeding
to those causes that shall pass.

_ And as I wish this strength given to the bishops
by council, so it isnot unworthy your majesty’s con-

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sideration, whether you shall 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
of 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 from the
examples and rules of government. The bishop
exerciseth his jurisdiction by his chancellor and com-
missary official, &c. We see in all laws in the world,
offices of 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 con-
fidence, as was said, is personal and inherent; and
cannot, nor ought not to be transposed? Surely, in
this, again, “ ab initio non fuit sic :” but it is proba-—
ble that bishops when they gave themselves too much
to the glory of the world, and became grandees in
kingdoms, and great counsellors to princes, then did
they delegate their proper jurisdictions, as things of
too inferior a nature for their greatness: and then,
after the similitude and imitation of kings and counts

OF THE PACIFICATION OF THE CHURCH. 75

palatine, they would have their chancellors and
judges.

But that example of kings and potentates giveth
no good defence. For the reasons why kings admi-
nister by their judges, although themselves are su-
preme 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 than in confi-
dence: for as much as they may fall upon women,
upon infants, upon lunatics and idiots, persons inca-
pable 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 as great as either their birth-right from their an-
cestors, or their sword-right from God maketh it.
And therefore if Moses, that was governor 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

‘ . ri 9
kings and princes?

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 be-
tween them and the subject: but in the case of

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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 go-
vernment 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 func-
tion 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 ho-
nourable 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 chancellor’s time; having been for the
most part persons upon whom the kings of this realm
have most relied for matters of counsel. And there-
fore there is no doubt but the bishop, whose circuit
is less ample, and the causes in nature not so multi-
plying, 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

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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 degrad-
ing ; simony, incontinency, heresy, blasphemy, breach
of the sabbath, and other like causes of scandal.
The first two of these, in my 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 my opinion, may with
less danger discharge himself upon his ordinary
judges. And I think likewise it will fall out, that
those suits are inthe 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 my 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, then were there

78 OF THE PACIFICATION OF THE CHURCH. |

less use of the official’s court, whereof there is now
so much complaint: and causes of the nature afore-
said being only drawn to the audience of the bishop,
it would repress frivolous 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 :”
to accuse themselves, and, that that is more, are

whereby men are enforced

sworn unto blanks, 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 delinquent’s an-
swer 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, ex-
hibited 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

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secret and undeclared, though it have some counte-
nance 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

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sowiug 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 exam-
ple, 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
oraisons: 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. Soas none, as I suppose, of sound judgment;
will derogate from the liturgy, if the form thereof be
in all parts agreeable to the word of God, the exam-
ple of the primitive Church, and that holy decency
which St. Paul commendeth. And therefore, first,
that there be a set form of prayer, and that it be not
left either to an extemporal form, or to an arbi-
trary form. Secondly, that it consist as well of
lauds, hymns, and thanksgivings, as of petitions,
prayers, and supplications. Thirdly, that the form
’ thereof be quickened with some shortness and diver-
sities of prayers and hymns, and with some inter-
changes of the voice of the people, as well as of the
minister. Fourthly, that it admit some distinctions
of times, and commemorations of God’s principal be-
nefits, 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 adminis-
tration of the sacraments, and in the denouncing of

~

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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 than that nothing ought to be
counted light in matters of religion and piety; as
the heathen himself could say, “ etiam vultu sepe
leditur pietas.” That the word, priest, should not
be continued, especially with offence, the word, mi-
nister, 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 origi-
nal, for doubt of equivocation and traducing. And
therefore seeing the word specéirepS. and ieped, be al-
ways distinguished in the original; and the one used
for a sacrificer, the other 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 the word ayér, and never 4, do ever
translate charity, and never love, because of the in-
differency and equivocation of the word with im-
pure love. ne

Touching the absolution; it is not unworthy
consideration, whether it may not be thought im-
proper and unnecessary : for there are but two sorts

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of absolution ; both supposing an obligation prece-
‘dent; the one upon an excommunication, which is
religious and primitive; the other upon confession
and penance, which is superstitious, or at least po-
sitive; and both particular, and neither general.
Therefore since the one is taken away, and the
other hath its 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 ina
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 exa-
mined 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 persons,
the best divines do utterly condemn it; and I hear
it not generally defended; and I have often mar-
velled, that where the book in the preface to public
baptism doth acknowledge that baptism in the prac-
tice of the primitive Church was anniversary, and

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but at certain times; which sheweth that the primi-
tive Church did not attribute so much to the cere-
mony, as they would break an outward and gene-
ral order for it; the book should afterwards allow
of private baptism, as if the ceremony were of that
necessity, as the very institution, 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 but a “ Concessum
propter duritiem cordis.” 7

For the form of celebrating matrimony, the ring
seemeth to many even of vulgar sense and under-
standing, 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 aman will
look attentively into the order and observation of it,
it is easy to discern between the wisdom of the insti-
tution and the excess of the late times. For first
there are no songs or verses sung by the quire,

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 under-
standing: 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

84 OF THE PACIFICATION OF THE CHURCH.

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, than 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 edification. But then
the curiosity of division and reports, and other
figures of music, have no affinity with the reason-
able service of God, but were added in the more
pompous times. :

For the cap and surplice, since they be things in
their nature indifferent, and yet by some held super-
stitious; and that the question is between science
and conscience, it seemeth to fall within the com-
pass of the apostle’s rule, which is, “ that the
stronger do descend and yield to the weaker.” Only
the difference is, that it will be materially said, that
the rule holdeth between private man and private |
man; but not between the conscience of a private :
man, and the order of aChurch. But yet since the
question at this time is of a toleration, not by con-
nivance, which may encourage disobedience, but by
law, which may give aliberty ; it 1s 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
preachers, a punishment that lighteth upon the
people as well as upon the party. And for the sub-
scription, it seemeth to me in the nature of a confes-
sion, and therefore more proper to bind in the unity

~

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of faith, and to be urged rather for articles of doc-
trine, than for rites and ceremonies, and points of
outward government. For howsoever politic consi-
derations and reasons. of state may require unifor-
mity, 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 and 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, than
that which they seek to remove. For while they
inveigh against a dumb ‘ministry, they make too

easy and too promiscuous an allowance of such as
they account preachers ; having not respect enough
to their learnings in other arts, which are hand-
maids to divinity; not respect enough to years,
except it be in case of extraordinary gift; not res-
pect 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 to-
gether ina 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

86 OF THE PACIFICATION OF THE CHURCH.

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, than 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, than to offer the sacrifice of
fools.” And surely it may be justly thought, that
amongst many causes of atheism, which are misera-
bly met in our age; as schisms and controversies,
prophane scoffings 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 breed-
eth 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 pomt I ground three considera-
tions: 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

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a week-day in some principal town, where there
was some ancient grave minister that was president,
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 president giving a
text for the next meeting, the assembly was dis-
solved. And this was, as I take it, a fortnight’s ex-
ercise ; 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 prac-
tised. For we see orators have their declamations,
lawyers have their moots, logicians their sophisms ;
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 do 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 exer-
cise, which is in some sort public, there were imme-
diately a private meeting of the same ministers,
where they might brotherly admonish the one the
other, and especially 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 advice, instruction, com-
fort, or encouragement, as occasion might minister ;

88 OF THE PACIFICATION OF THE CHURCH.

for public reprehension were to be debarred. The
other addition that I mean is, that the same ex-
ercise were used in the universities for young
divines, before they presumed to preach, as well as
inthe 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 onetime. 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 pro-
hibition, in regard there is ever to be a grave person
president or moderator, cannot be frustrated. The
second consideration is, whether it were not conve-
nient there should be a more exact probation and
examination of ministers: namely, that the bishops
do not ordain alone, but by advice; and then that
ancient holy order 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 “ Qua-
tuor 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 be-
fore 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
were a computation taken of all the parochian

OF THE PACIFICATION OF THE CHURCH. 89

churches, allowing the union of such as were too
small and adjacent, and again a computation to be
taken of the persons who were 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, especially 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 judgment upon
earth; being that which is ratified in heaven; and
being a precursory or prelusory judgment of the
great judgment of Christ in the end of the world.
And therefore for this to be used irreverently, 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

90 OF THE PACIFICATION OF THE CHURCH.

not deny, but this judgment is, as I said before, of
the nature of God’s judgments; of the which it is a
model. For as the judgment of God taketh hold of
the least sin of the impenitent, and taketh no hold of
the greatest sin of the convert or penitent; so ex-
communication may in case issue upon the smallest
offence, and in case not issue upon the greatest: but
is this contumacy. such a contumacy as excommuni-
cation 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 repro-
bation 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 ordi-
nary process, with such force and coercion as apper-
taineth ; 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 ;

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OF THE PACIFICATION OF THE CHURCH. Gi

and the bill recommended by the gravest counsellor
of estate in parliament ; though afterwards it was
staid by the queen’s special commandment, the na-
ture of those times considered.

TOUCHING NON-RESIDENTS AND PLURALITIES.

For non-residence, except it be in case of neces-
sary absence, it seemeth an abuse drawn out of co-
vetousness and sloth: for that men should live of the
flock 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
ease of chaplains, let me speak that with your Ma-
jesty’s pardon, and with reverence towards the other
peers and grave persons, whose chaplains by statutes
are privileged: Ishould think, that the attendance
which chaplains give to your Majesty’s court, and in
the houses and families of their lords, were a juster
reason why they should have no benefice, than why
s they should be qualified to have two : for, as itstandeth
with Christian policy, that such attendance be in no
wise neglected; because that good, which ensueth

92 OF THE PACIFICATION OF THE CHURCH.

thereof to the Church of God, may exceed, or coun-
tervail 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, where 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 farther 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 disconti-
nuance or non-residence in their pastoral charges.
Next for the case of intending studies in the univer-
sities, it will more easily receive an answer; for
studies do but serve and tend to the practice of those
studies: and therefore for that which is most princi-
pal 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 know-
ledge, 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 extraor-
dinary 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 parti-
cular of infirmity of body, and the like, no man will

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OF THE PACIFICATION OF THE CHURCH. 93

contradict, but that there may be some substitution
for such atime. But the general case of necessity is
the case of pluralities ; the want of pastors and in-
sufficiency 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 minis-
ters were sufficient, and the value of benefices were
sufficient, then 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 plura-
lities be forthwith taken away, is to desire things
contrary ; considering, “ de facto,” there are not
sufficient preachers for every parish: whereunto add
likewise, that there is not sufficient living and main-
tenance in many parishes to maintain a preacher ;
and it maketh the impossibility yet much the
greater. The remedies “ in rerum natura” 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. Permuta-
tion, 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 suf-
ficient pastors: as queen Elizabeth, amongst other
her gracious acts, did erect certain of them in Lan-

94 OF THE PACIFICATION OF THE CHURCH.

~cashire ; 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.

Toucuine 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 human Jaws cannot derogate, that those
which feed the flock should live of the flock; that
those that serve at the altar should live at the altar; .
that those which dispense spiritual things should
reap temporal things; of which it is also an appen-
dix, 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 par-
ticularity of the endowment, whether it should con-
sist of tithes, or lands, or pensions, or mixt, might
make a question of convenience, but no ques-
tion 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

OF THE PACIFICATION OF THE CHURCH. 95

enforced to be supplied by toleration of Com-
mendams, 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, than 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 judgments will not much vary. Ne-
vertheless, that it is animpossibility 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
are now in possession or interest.

But of these things which are manifestly true, to
infer and ground some conclusions. First, in mine
own opinion and sense, I must confess, let me speak
it with reverence, that all the parliaments since 27
and 31 of Henry VIII. who gave away impropria-
tions 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 de-
barred Christ’s wife of a great part of her dowry, it

96 OF THE PACIFICATION OF THE CHURCH.

were reason they made her a competent jointure.
Next to say, that impropriations should be only
charegd, 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 dou-
ble charge, inasmuch as he payeth tithes already,
that is a thing mistaken. For it must be remem-
bered, 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
eighth sheaf or ninth sheaf. And therefore the first
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
persons, not impropriators, are content to increase
their preachers livings; which, though in law it be
but a benevolence, yet before God it is a con-
science. Farther, that impropriation should not be
somewhat more deeply charged than other revenues
of like value, methinks, 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 pre-
tence or claim of the Church in conscience before
God. But of this point, touching Church-mainte-
nance, I do not think fit to enter into farther par-
ticularity, but reserve the same to a fitter time.

OF THE PACIFICATION OF THE CHURCH. 97

Tuus 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 suppress-
ing the abuses in the Church.

To conclude, renewing my most humble submis-
sion of all that I have said to your Majesty’s most
high wisdom, and again, most humbly craving par-
don for any errors committed in this writing ; which
the same weakness of judgment that suffered me to
commit them, would not suffer me to discover them,
[end with my devout and fervent prayer to God,
that as he hath made your Majesty the corner-stone,

In joining your two kingdoms, so you may be also as

a corner-stone to unite and knit together these dif-
ferences in the Church of God; to whose heavenly
grace and never-erring direction, I commend your
Majesty’s sacred person, and all your doings.

VOL. VII.

THE TRANSLATION OF CERTAIN PSALMS
INTO ENGLISH VERSE.
BY THE RIGHT HONOURABLE FRANCIS,
LORD VERULAM, VISCOUNT ST. ALBAN.

PRINTED AT LONDON, 1625, IN QUARTO.

TO HIS VERY GOOD FRIEND,

MR. GEORGE HERBERT.

The pains* that it pleased you to take about some of
my writings, I cannot forget ; which did put me in
mind to dedicate to you this poor exercise of my sickness.
Besides, it being my manner for dedications, to choose
those that I hold most fit for the argument, I thought,
that in respect of divinity and poesy met, whereof the
one is the matter, the other the stile of this little writing,
I could not make better choice: so, with signification of
my love and acknowledgment, I ever rest
Your affectionate Friend,

FR. ST. ALBAN.

* Of translating part of the Advancement of Learning into
Latin.

THE TRANSLATION OF THE Isr PSALM.

Wuo never gave to wicked reed
A yielding and attentive ear ;
Who never sinners paths did tread,
Nor sat him down in scorner’s chair ;
But maketh it his whole delight
On law of God to meditate ;
And therein spendeth day and night:
That man is in a happy state.

He shall be like the fruitful tree,
Planted along a running spring,
Which, in due season, constantly
A goodly yield of fruit doth bring :
Whose leaves continue always green,
And are no prey to winter’s pow’:
So-shall that man not once be seen
Surprised with an evil hour.

With wicked men it is not so,
Their lot is of another kind:
All as the chaff, which to and fro
Is toss’d at mercy of the wind.
And when he shall in judgment plead,
A casting sentence bide he must:
So shall he not lift up his head
In the assembly of the just.

100 A TRANSLATION OF CERTAIN PSALMs.

For why? the Lord hath special eye
To be the godly’s stay at call :

And hath given over, righteously,
-The wicked man to take his fall.

THE TRANSLATION OF THE XIItn PSALM.

He pr, Lord, for godly men have took their flight,
And left the earth to be the wicked’s den:
Not one that standeth fast to truth and right,
But fears, or seeks to please, the eyes of men.
When one with other falls in talk apart,
Their meaning go’th not with their words, in proof,
But fair they flatter, with a cloven heart,
By pleasing words, to work their own behoof.

But God cut off the lips, that are all set
To trap the harmless soul, that peace hath vow’d ;
And pierce the tongues, that seek to counterfeit
The confidence of truth, by lying loud:
Yet so they think to reign, and work their will
By subtile speech, which enters ev’ry where ;
And say: Our tongues are ours, to help us still;
What need we any higher pow’ to fear?

Now for the bitter sighing of the poor,
The Lord hath said, I will no more forbear
The wicked’s kingdom to invade and seour,
And set at large the men restrain’d in fear.

A TRANSLATION OF CERTAIN PSALMS. 10]

And sure the word of God is pure and fine,
And in the trial never loseth weight ;

Like noble gold, which, since it left the mine,
Hath seven times passed through the fiery strait

And now thou wilt not first thy word forsake,
Nor yet the righteous man that leans thereto ;
But wilt his safe protection undertake,
In spite of all their force and wiles can do.
And time it is, O Lord, thou didst draw nigh ;
The wicked daily do enlarge their bands;
And that which makes them follow ill a vie,
Rule is betaken to unworthy hands.

THE TRANSLATION OF THE XCrn PSALM;

O Lorp, thou art our home, to whom we fly,
And so hast always been from age to age
Before the hills did intercept the eye,
Or that the frame was up of earthly stage,
One God thou wert, and art, and still shalt be ;
The line of time, it doth not measure thee,

Both death and life obey thy holy lore,
And visit in their turns, as they are sent ;
A thousand years with thee they are no more
Than yesterday, which, ere it is, is spent:
Or as a watch by night, that course doth keep,

And goes, and comes, unwares to them that
sleep,

102 A TRANSLATION OF CERTAIN PSALMS.

Thou carry’st man away with a tide:
Then down swim all his ‘thoughts that mounted
high :
Much like a mocking dream, that will not bide,
But flies before the sight of waking eye ;
Or as the grass, that cannot term obtain,
To see the summer come about again.

At morning, fair it musters on the ground ;
At ev’n it is cut down, and laid along:
And though it spared were, and favour found,
The weather would perform the mower’s wrong:
Thus hast thou hang’d our life on brittle pins,
To let us know it will not bear our sins.

Thou bury’st not within oblivion’s tomb
Our trespasses, but ent’rest them aright ;
Ev’n those that are conceiv’d in darkness’ womb,
To thee appear as done at broad day-light.
As atale told, which sometime men attend,
And sometimes not, our life steals to an end.

The life of man is threescore years and ten,
Or, if that he be strong, perhaps fourscore;
Yet all things are but labour to him then,
New sorrows still come on, pleasures no more.
Why should there be such turmoiland such strife,
T’o spin in length this feeble line of life ?

9)

A TRANSLATION OF CERTAIN PSALMS. 103

But who considers duly of thine ire?
Or doth the thoughts thereof wisely embrace ?
For thou, O God, art a consuming fire:
Frail man, how can he stand before thy face ?
If thy displeasure thou dost not refrain,
A moment brings all back to dust again.

Teach us, O Lord, to number well our days,
Thereby our hearts to wisdom to apply ;
For that which guides man best in all his ways,
Is meditation of mortality.
This bubble light, this vapour of our breath,
Teach us to consecrate to hour of death.

Return unto us, Lord, and balance now,
With days of joy, our days of misery;
Help us right soon, our knees to thee we bow,
Depending wholly on thy clemency ;
Then shall thy servants both with heart and voice,
All the days of their life in thee rejoice.

Begin thy work, O Lord, in this our age,
Shew it unto thy servants that now live;
But to our children raise it many a stage,
That all the world to thee may glory give.
Our handy-work likewise, as fruitful tree,
Let it, O Lord, blessed, not blasted be.

THE TRANSLATION OF THE CIVru PSALM.

Farner and King of pow’rs, both high and low,
_ Whose sounding fame all creatures serve to blow;
My soul shall with the rest strike up thy praise,
And carol of thy works and wondrous ways.
But who can blaze thy beauties, Lord, aright?
They turn the brittle beams of mortal sight.
Upon thy head thou wear’st a glorious crown,
All set with virtues polish’d with renown:
Thence round about a silver veil doth fall

Of crystal light, mother of colours all.

The compass heav’n, smooth without grain, or fold,
All set with spangs of glitt’ring stars untold,
And strip’d with golden beams of power unpent,
Is raised up for a removing tent.

Vaulted and arched are his chamber beams
Upon the seas, the waters, and the streams:

The clouds as chariots swift do scour the sky ;
The stormy winds upon their wings do fly.

His angels spirits are, that wait his will,

As flames of fire his anger they fulfil.

In the beginning, with a mighty hand,

He made the earth by counterpoise to stand,
Never to move, but to be fixed still;

Yet hath no pillars but his sacred will.

Bie es Oh gto ai

A TRANSLATION OF CERTAIN PSALMS. 105

This earth, as with a veil, once cover’d was,

The waters over-flowed all the mass: :
But upon his rebuke away they fled, ;
And then the hills began to shew their head ;
The vales their hollow bosoms open’d plain,

The streams ran trembling down the vales again:
And that the earth no more might drowned be,
He set the sea his bounds of liberty ;

And though his waves resound, and beat the shore,
Yet it is bridled by his holy lore. |

Then did the rivers seek their proper places,

And found their heads, their issues, and their races;
The springs do feed the rivers all the way,

And so the tribute to the sea repay :

Running along through many a pleasant field,
Much fruitfulness unto the earth they yield:
That know the beasts and cattle feeding by,
Which for to slake their thirst do thither hie.
Nay desert grounds the streams do not forsake,
But through the unknown ways their journey take :
The asses wild, that hide in wilderness,

Do thither come, their thirst for to refresh.

The shady trees along their banks do spring,

In which the birds do build, and sit, and sing ;
Stroking the gentle air with pleasant notes,
Plaining, or chirping through their warbling throats.
The higher grounds, where waters cannot rise,
By rain and dews are water’d from the skies ;
Causing the earth put forth the grass for beasts,
And garden herbs, serv’d at the greatest feasts;

106 A TRANSLATION OF CERTAIN PSALMS.

And bread, that is all viands firmament,

And gives a firm and solid nourishment ;

And wine, man’s spirits for to recreate ;

And oil, his face for to exhilarate.

The sappy cedars, tall like stately tow’rs,
High-flying birds do harbour in their bow’rs :

The holy storks, that are the travellers,

Choose for to dwell and build within the firs ;
The climbing goats hang on steep mountains side ;
The digging conies in the rocks do bide.

The moon, so constant in inconstancy,

Doth rule the monthly seasons orderly ;

The sun, eye of the world, doth know his race,
And when to shew, and when to hide his face.
Thou makest darkness, that it may be night,
When as the savage beasts, that fly the light,

As conscious of man’s hatred, leave their den,

And range abroad, secur’d from sight of men.
Then do the forests ring of lions roaring,

That ask their meat of God, their strength restoring ;
But when the day appears, they back do fly,

And in their dens again do lurking lie.

Then man goes forth to labour in the field,
Whereby his grounds more rich increase may yield.
O Lord, thy providence sufficeth all ;

Thy goodness, not restrained, but general

Over thy creatures: the whole earth doth flow
With thy great largess pour’d forth here below.
Nor is it earth alone exalts thy name,

But seas and streams likewise do spread the same.

A TRANSLATION OF CERTAIN PSALMS. 107

The rolling seas unto the lot doth fall
Of beasts innumerable, great and small ;
There do the stately ships plough up the floods,
The greater navies look like walking woods ;
The fishes there far voyages do make,
To divers shores their journey they do take.
There hast thou set the great Leviathan,
That makes the seas to seeth like boiling pan.
All these do ask of thee their meat to live,
Which in due season thou to them dost give.
Ope thou thy hand, and then they have good fare ;
Shut thou thy hand, and then they troubled are.
All life and spirit from thy breath proceed,
Thy word doth all things generate and feed.
If thou withdraw’st it, then they cease to be,
And straight return to dust and vanity ;
But when thy breath thou dost send forth again,
Then all things do renew and spring amain;
So that the earth, but lately desolate,
Doth now return unto the former state.
The glorious majesty of God above
Shall ever reign in mercy and in love:
God shall rejoice all his fair works to see,
For as they come from him all perfect be.
The earth shall quake, if aught his wrath provoke ;
_ Let him but touch the mountains they shail smoke.
_ As long as life doth last I hymns will sing,
_ With cheerful voice, to the eternal King ;
| As long as I have being, I will praise
~ The works of God, and all his wondrous ways

108 A TRANSLATION OF CERTAIN PSALMS.

I know that he my words will not despise,
Thanksgiving is to him a sacrifice.

But as for sinners, they shall be destroy’d
From off the earth, their places shall be void.
Let all his works praise him with one accord ;

O praise the Lord, my soul; praise ye the Lord!

THE TRANSLATION OF THE CXXVIru PSALM.

Wuen God return’d us graciously
Unto our native land,

We seem’d as in a dream to be,
And in a maze to stand.

The heathen likewise they could say :

- The God, that these men serve,

Hath done great things for them this day,
Their nation to preserve.

"Tis true; God hath pour’d out his grace

_ On us abundantly,

For which we yield him psalms and praise,
And thanks with jubile, |

O Lord, turn our captivity,
As winds, that blow at south,
Do pour the tides with violence
Back to the rivers mouth,

“ak Sey Sa eee oes] ”

A TRANSLATION OF CERTAIN PSALMS. 109

Who sows in tears shall reap in joy,
The Lord doth so ordain ;

So that his seed be pure and good,
His harvest shall be gain.

THE TRANSLATION OF THE CXXXVIItrnH PSALM.

WHEN as we sat all sad and desolate,
By Babylon upon the river's side,
Eas’d from the tasks which in our captive state
We were enforced daily to abide,
Our harps we had brought with us to the field,
Some solace to our heavy souls to yield.

But soon we found we fail’d of our account,
For when our minds some freedom did obtain,
Straightways the memory of Sion Mount
Did cause afresh our wounds to bleed again ;
So that with present griefs, and future fears,
Our eyes burst forth into a stream of tears.

As for our harps, since sorrow struck them dumb,
We hang’d them on the willow-trees were near ;
Yet did our cruel masters to us come,
Asking of us some Hebrew songs to hear :
Taunting us rather in our misery,
Than much delighting in our melody.

110 A TRANSLATION OF CERTAIN PSALMS.

Alas, said we, who can once force a frame
His grieved and oppressed heart to sing
The praises of Jehovah’s glorious name,
In banishment, under a foreign king ?
In Sion is his seat and dwelling place,
Thence doth he shew the brightness of his face.

Jerusalem, where God his throne hath set,
Shall any hour absent thee from my mind?
Then let my right-hand quite her skill forget,
Then let my voice and words no passage find ;
Nay, if I do not thee prefer in all,
That in the compass of my thoughts can fall.

Remember thou, O Lord, the cruel cry
Of Edom’s children, which did ring and sound,
Inciting the Chaldean’s cruelty,
“Down with it,down with it,even unto theground.” —
In that good day repay it unto them,
When thou shalt visit thy Jerusalem.

And thou, O Babylon, shalt have thy turn
By just revenge, and happy shall he be,
That thy proud walls and tow’rs shall waste and burn,
And as thou didst by us, so do by thee.
Yea, happy he, that takes thy children’s bones,
And dasheth them against the pavement stones.

THE TRANSLATION OF THE CXLIXtuH PSALM.

O sING a new song to our God above,
Avoid prophane ones, ’tis for holy quire:
Let Israel sing songs of holy love
To him that made them, with their hearts on fire :
Let Sion’s sons lift up their voice and sing
Carols and anthems to their heav'nly King.

Let not your voice alone his praise forth tell,
But move withal, and praise him in the dance ;
Cymbals and harps Jet them be tuned well,
"Tis he that doth the poor’s estate advance:
Do this not only on the solemn days,
But on your secret beds your spirits raise.

O let the saints bear in their mouth his praise,
And a two-edged sword drawn in their hand,
Therewith for to revenge the former days
Upon all nations that their zeal withstand ;
To bind their kings in chains of iron strong,
And manacle their nobles for their wrong.

Expect the time, for ’tis decreed in heav’n,
Such honour shall unto his saints be giv’n.

AN ADVERTISEMENT TOUCHING AN HOLY WAR.

TO THE RIGHT REVEREND FATHER IN GOD,
LANCELOT ANDREWS, LORD BISHOP OF
WINCHESTER, AND COUNSELLOR OF ESTATE
TO HIS MAJESTY.

My Lorp,

AmonostT consolations, it is not the least to represent
to a man’s self like examples of calamity in others.
For examples give a quicker impression than argu-
ments ; and _ besides, they certify us, that which the
Scripture also tendereth for satisfaction; “ that no
new thing is happened unto us.” This they do the
better, by how much the examples are liker in cir-
cumstances to our own case; and more especially if |
they fall upon persons that are greater and worthier
than ourselves. For as it savoureth of vanity, to
match ourselves highly in our own conceit; so on
the other side it is a good sound conclusion, that if
our betters have sustained the like events, we have
the less cause to be grieved.

In this kind of consolation I have not been want-
ing to myself, though as a Christian, I have tasted,
through God’s great goodness, of higher remedies.
Having therefore, through the variety of my read-
ing, set before me many examples both of ancient

DEDICATION. 113

and later times, my thoughts, I confess, have chiefly
stay¢d upon three particulars, as the most eminent
and the most resembling. All three persons that
had held chief place of authority in their countries ;
all three ruined, not by war, or by any other disaster,
but by justice and sentence, as delinquents and cri-
minals; all three famous writers, insomuch as the
remembrance of their calamity is now as to posterity
but as a little picture of night-work, remaining
amongst the fair and excellent tables of their acts
and works: and all three, if that were any thing to
the matter, fit examples to quench any man’s ambi-
tion of rising again ; for that they were every one of
them restored with great glory, but to their farther
ruin and destruction, ending in a violent death. The
men were, Demosthenes, Cicero, and Seneca; per-
sons that I durst not claim affinity with, except the
similitude of our fortunes had contracted it. When
Thad cast mine eyes upon these examples, I was
carried on farther to observe, how they did bear their
fortunes, and principally, how they did employ their
times, being banished, and disabled for publie busi-

hess: to the end that I might learn by them; and
that they might be as well my counsellors as my
comforters. Whereupon I happened to note, how

diversly their fortunes wrought upon them; espe-
cially in that point at which I did most aim, which
was the employing of their times and pens. In
Cicero, I saw that during his banishment, which was

almost two years, he was ‘so softened and dejected,

as he wrote nothing but a few womanish epistles. .
VOL. VII. | I

114 DEDICATION.

And yet, in mine opinion, he had least reason of the
three to be discouraged: for that although it was
judged, and judged by the highest kind of judgment,
in form of a statute or law, that he should be ba-
nished, and his whole estate confiscated and seized,
and his houses pulled down, and that it should be
highly penal for any man to propound a repeal ;
yet his case even then had no great blot of ignominy ;
for it was thought but a tempest of popularity which
overthrew him. Demosthenes contrariwise, though
his case was foul, being condemned for bribery, and
not simple bribery, but bribery in the nature of
treason and disloyalty, yet nevertheless took so little
knowledge of his fortune, as during his banishment
he did much busy himself, and intermeddle with
matters of state; and took upon him to counsel the
state, as if he had been still at the helm, by letters;
as appears by some epistles of his which are extant.
Seneca indeed, who was condemned for many cor-
ruptions and crimes, and banished into a solitary
island, kept a mean; and though his pen did not
freeze, yet he abstained from intruding into matters
of business; but spent his time in writing books of
excellent argument and use for all ages; though he
might have made better choice, sometimes, of his
dedications.

These examples confirmed me much in a resolu-
tion, whereunto I was otherwise inclined, to spend
my time wholly in writing; and to put forth that
poor talent, or half talent, or what it is, that God
hath given me, not as heretofore to particular ex-

eT"

DEDICATION, 115

changes, but to banks, or mounts of perpetuity,
which will not break. Therefore having not long
since set forth a part of my Instauration ; which
is the work, that in mine own judgment, “ si nun-
quam fallit imago,” Ido most esteem; I think to
proceed in some new parts thereof. And although
I have received from many parts beyond the seas,
testimonies touching that work, such as beyond
which I could not expect at the first in so abstruse
an argument; yet nevertheless I have just cause to
doubt, that it flies too high over men’s heads: I have
a purpose therefore, though I break, the order of
time, to draw it down to the sense, by some patterns
of a Natural Story and Inquisition. And again,
for that my book of Advancement of Learning may
be some preparative, or key, for the better opening
of the Instauration; because it exhibits a mixture
of new conceits and old; whereas the Instauration
gives the new unmixed, otherwise than with some
little aspersion of the old for taste’s sake; I have
thought good to procure a translation of that book
into the general language, not without great and
ample additions, and enrichment thereof, especially
in the second book, which handleth the partition of
sciences ; in such sort, as I hold it may serve in lieu
of the first part of the Instauration, and acquit my
promise in that part. Again, because I cannot alto-
gether desert the civil person that I have borne;
which if I should forget, enough would remember ;
I have also entered into a work touching Laws,
propounding a character of justice in a middle term,

116 DEDICATION.

between the speculative and reverend discourses of
philosophers, and the writings of lawyers, which are
tied and obnoxious to their particular laws. And
although it be true, that I had a purpose to make a
particular digest, or recompilement of the laws of
mine own nation; yet because it is a work of assist-
ance, and that which I cannot master by mine own
forces and pen, I have laid it aside. Now having in
the work of my Instauration had in contemplation
the general good of men in their very being, and the
dowries of nature ; and in my work of laws, the ge-
neral good of men likewise in society, and the
dowries of government; I thought in duty I owed
somewhat unto my own country, which I ever loved;
insomuch as although my place hath been far above
my desert, yet my thoughts and cares concerning the
good thereof were beyond, and over, and above my
place: so now being, as I am, no more able to do my
country service, it remained unto me to do it honour:
which I have endeavoured to doin my work of The
reign of King Henry the seventh. As for my
Essays, and some other particulars of that nature,
I count them but as the recreations of my other stu-
dies, and in that sort purpose to continue them;
though I am not ignorant that those kind of writ-
ings would, with less pains and embracement, per-
haps, yield more lustre and reputation to my name
than those other which I have in hand. But I ac-
count the use that a man should seek of the publish-
ing of his own writings before his death, to be but

DEDICATION. PE

an untimely anticipation of that which is proper to
follow a man, and not to go along with him.

But revolving with myself my writings, as well
those which I have published, as those which I had
in hand, methought they went all into the city, and
none into the temple ; where, because I have found
so great consolation, I desire likewise to make some
poor oblation. Therefore I have chosen an argu-
ment, mixt of religious and civil considerations ;
and likewise mixt between contemplative and active.
For who can tell whether there may not be an “ ex-
oriere aliquis ?” Great matters, especially if they be
religious, have, many times, small beginnings: and
the platform may draw on the building. This work
because I was ever an enemy to flattering dedica-
tions, I have dedicated to your lordship, in respect
of our ancient and private acquaintance; and be-
cause amongst the men of our times I hold you in
special reverence.

Your lordship’s loving friend,

Fr. St. ALBAN.

AN ADVERTISEMENT TOUCHING AN HOLY WAR.
WRITTEN IN THE YEAR MDCXXIUl.
THE PERSONS THAT SPEAK:
EUSEBIUS, GAMALIEL, ZEBED EUS,
MARTIUS, EUPOLIS, POLLIO:

Tuere met at Paris, in the house of Eupolis, *Euse-
bius, Zebedzus, Gamaliel, Martius, all persons of
eminent quality, but of several dispositions. Eu-
polis himself was also present ; and while they were
set in conference, Pollio came in to them from court;
and as soon as he saw them, after his witty and plea-
Sant manner, he said,

Pottio. Here be four of you, I think, were able to
inake a good world; for you are as differing as the’
four elements, and yet you are friends. As for Eu-
polis, because le is temperate, and without passion,
he may be the fifth essence.

Evupouis. If we five, Pollio, make the great
world, you alone make the little; because you pro-
fess, and practise both, to refer all things to your-
self. Poxrio. And what do they that practise it, and
profess it not? Evpotis. They are the less hardy,
and the more dangerous. But come and sit down

* Characters of the persons. Eusebius beareth the charac-
ter of a moderate divine : Gamaliel of a protestant zealot: Ze-
bedeeus of a Roman catholic zealot: Martius of a military man;
Eupolis of a politic: Pollio of a courtier.

——-

OF AN HOLY WAR. 119

with us, for we were speaking of the affairs of Chris-
tendom at this day ; wherein we would be glad also
to have your opinion. Poxtio. My lords, I have
journeyed this morning, and it is now the heat of
the day; therefore your lordships discourses had
need content my ears very well, to make them in-
treat mine eyes to keep open. But yet if you will
give me leave to awake you, when I think your dis-
courses do but sleep, I will keep watch the best I
can. Euvpotis. You cannot do us a greater favour.
Only I fear you will think all our discourses to be
but the better sort of dreams; for good wishes,
without power to effect, are not much more. But,
Sir, when you came in, Martius had both raised our
attentions, and affected us with some speech he had
begun ; and it falleth out well, to shake off your
drowsiness ; for it seemed to be the trumpet of a
war. And therefore, Martius, if it please you, to
begin again ; for the speech was such, as deserveth
to be heard twice; and I assure you, your auditory
is not a little amended by the presence of Pollio.
Martius. When you came in, Pollio, I was saying
freely to these lords, that I had observed, how by
the space now of halfa century of years, there had
been, if I may speak it, a kind of meanness in the
designs and enterprises of Christendom. Wars with
subjects, like an angry suit for a man’s own, that
might be better ended by accord. Some petty
acquests of a town, or a spot of territory ; likea far-
mer’s purchase of a close or nook of ground, that

lay fit forhim. And although the wars had been

120 OF AN HOLY WAR.

for a Naples, or a Milan, or a Portugal, or a Bohe-
mia, yet these wars were but as the wars of hea-
thens, of Athens, or Sparta, or Rome, for secular
interest, or ambition, not worthy of the warfare of
Christians. The Church, indeed, maketh her mis-
sions into the extreme parts of the nations and isles,
and it is well: but this is “ Ecce unus gladius hic.”
The Christian princes and potentates are they that
are wanting to the propagation of the faith by their
arms. Yet our Lord, that said on earth, to the dis-
ciples, “ Ite et predicate,” said from heaven to Con-
stantine, “In hoc signo vince.” What Christian
soldier is there that will not be touched with a reli-
gious emulation to see an order of Jesus, or of St.
Francis, or of St. Augustine, do such service, for
enlarging the Christian borders; and an order of
St. Jago, or St. Michael or St. George, only to
robe, and feast, and perform rites and observances ?
Surely the merchants themselves shall rise in judg-
ment against the princes and nobles of Europe; for
they have made a great path in the seas, unto the
ends of the world; and set forth ships, and forces,
of Spanish, English, and Dutch, enough to make
China tremble; and all this, for pearl, or stone, or
spices: but for the pearl of the kingdom of heaven,
or the stones of the heavenly Jerusalem, or the spi-
ces of the spouse’s garden, not a mast hath been set
up: nay, they can make shift to shed Christian
blood so far off amongst themselves, and not a
drop for the cause of Christ. But let me recall my-
self; I must acknowledge, that within the space

OF AN HOLY WAR. 121

of fifty years, whereof I spake, there have bcen
three noble and memorable actions upon the infidels,
wherein the Christian hath been the invader: for
where it is upon the defensive, I reckon it a war of
nature, and not of piety. The first was, that famous
and fortunate war by sea, that ended in the victory
of Lepanto; which hath put a hook into the nostrils
of the Ottomans to this day; which was the work
chiefly of that excellent pope Pius Quintus, whom
_ I wonder his successors have not declared a saint.
The second was, the noble, though unfortunate, ex-
pedition of Sebastian king of Portugal upon Africa,
which was atchieved by him alone; so alone, as left
somewhat for others to excuse. The last was, the
the brave incursions of Sigismund the Transylvanian
prince, the thread of whose prosperity was cut off
by the Christians themselves, contrary to the worthy
and paternal monitories of pope Clement the eighth.
More than these, I do not remember. Potuio. No!
What say you to the extirpation of the Moors of
Valentia? At which sudden question, Martius was
a little at a stop; and Gamaliel prevented him, and
said: Gama.iEL. I think Martius did well in omit-
ting that action, for I, for my part, never approved
it; and it seems, God was not well pleased with
that deed; for you see the king, in whose time it
passed, whom you catholics count a saint-like and
immaculate prince, was taken away in the flower of
his age: and the author, and great counsellor of
that rigour, whose fortunes seemed to be built upon
the rock, is ruined: and it is thought by some, that

122 ON AN HOLY WAR.

the reckonings of that business are not yet cleared
with Spain; for that numbers of those supposed
Moors, being tried now by their exile, continue con-
stant in the faith, and true Christians in all points,
save in the thirst of revenge. Zepepaus. Make not
hasty judgment, Gamaliel, of that great action,which
was as Christ’s fan in those countries, except you
could shew some such covenant from the crown of
Spain, as Joshua made with the Gibeonites; that
that cursed seed should continue in the land. And
you see it was done by edict, not tumultuously ;
the sword was not put into the people’s hand.
Evpouis. I think Martius did omit it, not as making
any judgment of it either way, but because it sorted
not aptly with action of war, being upon subjects,
and without resistance. But let us, if you think
good, give Martius leave to proceed in his discourse;
for-methought he spake like a divine in armour.
Maxrivs. It is true, Eupolis, that the principal ob-
ject which I have before mine eyes, in that whereof
‘I speak, is piety and religion. But, nevertheless, if
I should speak only as a natural man, I should per-
suade the same thing. For there is no such enter-
prise, at this day, for secular greatness, and ter-
rene honour, as a war upon infidels. Neither
do I in this propound a novelty, or imagination,
but that which is proved by late examples of the
same kind, though perhaps of less difficulty. The
Castilians, the age before that wherein we live,
opened the new world; and subdued and planted
Mexico, Peru, Chili, and other parts of the West

ON AN HOLY WAR. 123

Indies. We see what floods of treasure have flowed
into Europe by that action; so that the cense or
rates of Christendom are raised since ten times, yea
twenty time told. Of this treasure, it is true, the
gold was accumulate, and store treasure, for the
most part: but the silver is still growing. Be-
sides, infinite is the access of territory and empire,
by the same enterprise. For there was never an
hand drawn, that did double the rest of the habi-
table world, before this; for so a man may truly
term it, if he shall put to account, as well that that
is, as that which may be hereafter, by the farther oc-
cupation and colonizing of those countries. And yet
it cannot be affirmed, if one speak ingenuously, that
it was the propagation of the Christian faith that
was the adamant of that discovery, entry, and plan-
tation ; but gold and silver, and temporal profit and
glory: so that what was first in God’s providence,
was but second in man’s appetite and intention.
The like may be said of the famous navigations and
conquests of Emanuel, king of Portugal, whose arms
began to circle Afric and Asia; and to acquire, not
only the trade of spices, and stones, and musk, and
drugs, but footing, and places, in those extreme
parts of the east. For neither in this was religion
the principal, but amplification and enlargement of
riches and dominion. And the effect of these two
enterprises is now such, that both the East and the
West Indies being met in the crown of Spain, it is
come to pass, that, as one saith in a brave kind of
expression, the sun never sets in the Spanish domi-

[24 OF AN HOLY WAR.

nions, but ever shines upon one part or other of
them: which, to say truly, is a beam of glory,
though I cannot say it is so solid a body of glory,
wherein the crown of Spain surpasseth all the for-
mer monarchies. So as, to conclude, we may see,
that in these actions, upon gentiles or infidels, only
or chiefly, both the spiritual and temporal honour and
good have been in one pursuit and purchase con-
joined. Poxtio. Methinks, with your favour, you
should remember, Martius, that wild and savage
people are like beasts and birds, which are “ fere
nature,” the property of which passeth with the
possession, and goeth to the occupant; but of civil
people, it is not so. Martius. I know no such
difference amongst reasonable souls; but that
whatsoever is in order to the greatest and most
general good of people, may justify the actions
be the people more or less civil. But, Eupolis,
I shall not easily grant, that the people of Peru
or Mexico were such brute savages as you intend ;
or that there should be any such difference between
them, and many of the infidels which are now in
other parts. In Peru, though they were un-
paralelled people, according to the clime, and
had some customs very barbarous, yet the govern-
ment of the Incas had many parts of humanity and
civility. They had reduced the nations from the
adoration of a multitude of idols and fancies, to the
adoration of the sun. And, as I remember, the book
of Wisdom noteth degrees of idolatry; making
that of worshipping petty and vile idols more gross

OF AN HOLY WAR. 125

than simply the worshipping of the creature. And
some of the prophets, as I take it, do the like, in
the metaphor of more ugly and bestial fornication.
The Peruvians also, under the Incas, had magnificent
temples of their superstition; they had strict and
regular justice ; they bare great faith and obedience
to their kings; they proceeded in a kind of martial
justice with their enemies, offering them their law,
as better for their own good, before they drew their
sword. And much like was the state of Mexico,
being an elective monarchy. As for those people
of the east, Goa, Calacute, Malacca, they were a fine
and dainty people; frugal and yet elegant, though
not military. So that, if things be rightly weighed,
the empire of the Turks may be truly affirmed to
be more barbarous than any of these. A cruel ty-
ranny, bathed in the blood of their emperors upon
every succession; a heap of vassals and slaves ; no
nobles; no gentlemen; no freemen ; no inheritance
of land; no stirp or ancient families ; a people that
‘is without natural affection; and, as the Scripture
saith, that “regardeth not the desires'of women :” and
without piety, or care towards their children: a na-
tion without morality, without letters, arts, or
sciences; that can scarce measure an acre of land,
or an hour of the day: base and sluttish in buildings,
diets and the like; and in a word, a very reproach
of human society: and yet this nation hath made
the garden of the world a wilderness; for that, as
it is truly said concerning the Turks, where Otto-

126 OF AN HOLY WAR.

man’s horse sets his foot, people will come up very
thin.

Pottio. Yet in the midst of your invective,
Martius, do the Turks this right, as to remember
that they are no idolaters: for if, as you say, there
be a difference between worshipping a base idol,
and the sun, there is a much greater difference
between worshipping a creature, and the Creator.
For the Turks do acknowledge God the Father,
creator of heaven and earth, being the first person
in the Trinity, though they deny the rest. At
which speech, when Martius made some pause,
Zebedeus replied with a countenance of great re-
prehension and severity. ZEBEDmUs. We must take
heed, Pollio, that we fall not at unawares into the
heresy of Manuel Comnenus emperor of Grecia,
who affirmed, that Mahomet’s God was the true
God: which opinion was not only rejected and con-
demned by the synod, but imputed to the emperor
as extreme madness; being reproached to him also
by the bishop of Thessalonica, in those bitter and
strange words, as are not to be named. Martius.
I confess that it is my opinion, that a war upon
the Turk is more worthy than upon any other
gentiles, infidels, or savages, that either have been,
or now are, both in point of religion, and in point
of honour; though facility, and hope of success,
might, perhaps, invite some other choice. But
before I proceed, both myself would be glad to
take some breath; and I shall frankly desire, that

HE bk UGE Ey Fo nA ARE Oe OEP eet a

OF AN HOLY WAR. 127

some of your lordships would take your turn to speak,
that can do it better. But chiefly, for that I see here
some that are excellent interpreters of the divine law,
though in several ways; and that I have reason to
distrust mine own judgment, both as weak in itself,
and as that which may be overborn by my zeal and
affection to this cause. I think it were an error to
speak farther, till I may see some sound foundation
laid of the lawfulness of the action, by them that
are better versed in that argument. Evupotis. I am
glad, Martius, to see in a person of your profession
so great moderation, in that you are not transported
in an action that warms the blood, and is appearing
holy, to blanch or take for admitted the point of
lawfulness. And because, methinks, this conference
prospers, if your lordships will give me leave, I will
make some motion touching the distribution of it
into parts. Unto which when they all assented,
Eupolis said: Evrotts. I think it would not sort
amiss, if Zebedzeus would be pleased to handle the
question, Whether a war for the propagation of the
Christian faith, without other cause of hostility, be
lawful or no, and in what cases? I confess also I
would be glad to go a little farther, and to hear it
spoken to concerning the lawfulness, not only per-
missively, but whetherit be not obligatory to Christian
princes and states to design it ; which part, if it
please Gamaliel to undertake, the point of the law-
fulness taken simply will be complete. Yet there
resteth the comparative: that is, it being granted,

128 OF AN HOLY WAR.

that it is either lawful or binding, yet whether other
things be not to be preferred before it; as extirpation:
of heretics, reconcilements of schisms, pursuit of law--
ful temporal rights and quarrels, and the like; and:
how far this enterprise ought either to wait upon
these other matters, or to be mingled with them, or
to pass by them, and give law to them, as inferior:
unto itself? And because this is a great part, and
Eusebius hath yet said nothing, we will by way of
mulct or pain, if your lordships think good, lay it
upon him. All this while, I doubt much that Pollio,
who hath a sharp wit of discovery towards what is
solid and real, and what is specious and airy, will
esteem all this but impossibilities, and eagles in the
clouds: and therefore we shail all intreat him to
crush this argument with his best forces : that by the
light we shall take from him, we may either cast it
away if it be found but a bladder, or discharge it of
so much as is vain and not sperable. And because
I confess I myself am not of that opinion, although
it be an hard encounter to deal with Pollio, yet I
shall do my best to prove the enterprise possible ;
and to shew how all impediments may be either re-
moved or overcome. And then it will be fit for
Martius, if we do not desert it before, to resume his
farther -discourse, as well for the persuasive, as for
the consult, touching the means, preparations, and
all that may conduce unto the enterprise. But this
is but my wish, your lordships will put it into better
order. They all not only allowed the distribution,
but accepted the parts: but because the day was

OF AN HOLY WAR. 129

spent, they agreed to defer it till the next morning.
Only Pollio said ;

Potiio. You take me right, Eupolis, for I am of
opinion, that except you could bray Christendom in
a mortar, and mould it into a new paste, there is no
possibility of an holy war. And I was ever of opinion,
that the philosophers stone, and an holy war, were
but the rendezvous of cracked brains, that wore their
feather in their head instead of their hat. Neverthe-
less, believe me of courtesy, that if you five shall be
of another mind, especially after you have heard
what I can say, I shall be ready to certify with Hip-
pocrates, that Athens is mad, and Democritus is only
sober. And, lest you shall take me for altogether
adverse, I will frankly contribute to the business
now at first. Ye, no doubt, will amongst you devise
and discourse many solemn matters: but do as I
shali tell you. This pope is decrepit, and the bell goeth
for him. ‘Take order, that when he is dead, there
be chosen a pope of fresh years, between fifty and
three-score ; and see that he take the name of Urban,
because a pope of that name did first institute the
croisado, and, as with an holy trumpet, did stir up
the voyage for the Holy Land.—Evurotis. You say
well; but be, I pray you, a little more serious in
this conference. 3

The next day the same persons met as they had
appointed ; and after they were set, and that there
had passed some sporting speeches from Pollio, how
the war was already begun; for that, he said, he had
dreamt of nothing but Janizaries, and Tartars, and

VOL. VII. K

1380 OF AN HOLY WAR.

Sultans all the night long: Martius said. Martius.
The distribution of this conference, which was made
by Eupolis yesternight, and was by us approved,
seemeth to me perfect, save in one point; and that
is, not in the number, but in the placing of the parts.
For it is so disposed, that Pollio and Eupolis shall
debate the possibility or impossibility of the action,
before I shall deduce the particulars of the means
and manner by which it is to be achieved. Now I
have often observed in deliberations, that the entring
near hand into the manner of performance, and ex-
ecution of that which is under deliberation, hath
quite overturned the opinion formerly conceived, of
the possibility or impossibility. So that things, that
at the first shew seemed possible, by ripping up the
performance of them, have been convicted of impos-
sibility; and things that on the other side have
shewed impossible, by the declaration of the means
to effect them, as by a back light, have appeared
possible, the way through them being discerned.
This I speak not to alter the order, but only to desire
Pollio and Eupolis not to speak peremptorily, or
conclusively, touching the point of possibility, till
they have heard me deduce the means of the exe-
cution : and that done, to reserve themselves at liberty
for a reply, after they had before them, as it were, a
model of the enterprise. This grave and solid ad-
vertisement and caution of Martius was much com
mended by them all. Whereupon Eupolis said:
Evpouis. Since Martius hath begun to refine that
which was yesternight resolved; I may the better

OF AN HOLY WAR. fs

have leave, especially in the mending of a proposition,
which was mine own, to remember an omission which
is more than a misplacing. For I doubt we ought
to have added or inserted into the point of lawfulness,
the question, how far an holy war is to be pursued,
whether to displanting and extermination of people ?
And again, whether to enforce a new belief, and to
_ vindicate or punish infidelity ; or only to subject the
countries and people; and so by the temporal sword
to open a door for the spiritual sword to enter, by
persuasion, instruction, and such means as are proper
for souls and consciences? But it may be, neither is
this necessary to be made a part by itself; for that
Zebedeus, in his wisdom, will fall into it as an inci-
dent to the point of lawfulness, which cannot be
handled without limitations and distinctions. Zepr-
p£us. You encourage me, Eupolis, in that I per-
ceive, how in your judgment, which I do so much
esteem, I ought to take that course, which of myself
I was purposed to do. For as Martius noted well,
that it is but a loose thing to speak of possibilities,
without the particular designs; so is it to speak of
lawfulness without the particular cases. I will
therefore first of all distinguish the cases; though
you shall give me leave, in the handling of them, not
to sever them with too much preciseness ; for both
it would cause needless length ; and we are not now
in arts or methods, but ina conference. It is there-
fore first to be put to question in general, as Eupolis
propounded it, whether it be lawful for Christian
princes or states to make an invasive war, only and

toe OF AN HOLY WAR.

simply for the propagation of the faith, without other
cause of hostility, or cireumstance that may provoke
and induce the war ?

Secondly, whether, it being made part of the
case, that the countries were once Christian, and
members of the Church, and where the golden can-
dlesticks did stand, though now they be utterly
alienated, and no Christians left; it be not lawful to
make a war to restore them to the Church, as an
ancient patrimony of Christ? Thirdly, if it be made
a farther part of the case, that there are yet remain-
ing in the countries multitudes of Christians, whether
it be not lawful to make a war to free them, and
deliver them from the servitude of the infidels?
Fourthly, whether it be not lawful to make a war
for the purging and recovery of consecrated places,
being now polluted and prophaned; as the holy city
and sepulchre, and such other places of principal
adoration and devotion? Fifthly, whether it be not
lawful to make a war for the revenge or vindication
of blasphemies and reproaches against the Deity and
our blessed Saviour; or for the effusion of Christian
blood, and cruelties against Christians, though an-
cient and long since past; considering that God’s
visits are without limitation of time ; and many times
do but expect the fulness of the sin? Sixthly, it is
to be considered, as Eupolis now last well remem-
bered, whether a holy war, which, as in the worthi-
ness of the quarrel, so in the justness of the prosecu-
tion, ought to exceed all temporal wars, may be pur-
sued, either to the expulsion of people, or the en-

OF AN HOLY WAR. 133

forcement of consciences, or the like extremies; or
how to be moderated and limited; lest whilst we
remember we are Christians, we forget that others
are men? But there is a point that precedeth all
these points recited; nay, and in a manner dis-
chargeth them, in the particular of a war against the
Turk: which point, I think, would not have come
into my thought, but that Martius giving us yester-
day a representation of the empire of the Turks,
with no small vigour of words, which you, Pollio,
called an invective, but indeed a true charge, did put
me in mind of it: and the more I think upon it, the
more I settle in opinion, that a war to suppress that
empire, though we set aside the cause of religion,
were ajust war. After Zebedeus had said this, he
made a pause, to see whether any of the rest would
say any thing: but when he perceived nothing but
silence, and signs of attention to that he would far.
ther say, he proceeded thus:

ZeBED#US. Your lordships will not look for a
treatise from me, but a speech of consultation; and
in that brevity and manner will I speak. First, I
shall agree, that as the cause of a war ought to be
just, so the justice of that cause ought to be evident;
not obscure, not scrupulous. For by the consent of
all laws, in capital causes, the evidence must be ful]
and clear: and if so where one man’s life is in
question, what say we to a war, which is ever the
sentence of death upon many? We must beware
therefore how we make a Moloch, or an_ heathen
idol, of our blessed Saviour, in sacrificing the blood

134 OF AN HOLY WAR.

of men to him by an unjust war. The justice of
every action consisteth in the merits of the cause,
the: warrant of the jurisdiction, and the form of the
prosecution. As for the inward intention, I leave it
to the court of heaven. Of these things severally,
as they may have relation to the present subject of
a war against infidels ; and namely, against the most
potent and most dangerous enemy of the faith, the
Turk. I hold, and I doubt not but I shall make it
plain, as far as a sum or brief can make a cause
plain, that a war against the Turk is lawful, both by
the laws of nature and nations, and by the law
divine, which is the perfection of the other two. As
for the laws positive and civil of the Romans, or
others whatsoever, they are two small engines to
move the weight of this question. And therefore,
in my judgment, many of the late schoolmen, though
excellent men, take not the right way in disputing
this question; except they had the gift of Navius,
that they could, ‘‘ cotem novacula scindere,” hew
stones with pen-knives. First, for the law of nature.
The philosopher Aristotle is no ill interpreter thereof
He hath set many men on work with a witty speech
of “ natura dominus,” and “ natura servus ;” affirm-
ing expressly and positively, that from the very
nativity some things are born to rule, and some things
to obey: which oracle hath been taken in divers
senses. ‘Some have taken it for a speech of osten-
tation, to intitle the Grecians to an empire over the
barbarians ; which indeed was better maintained by
his scholar Alexander. Some have taken it for a

1

OF AN HOLY WAR. 135

speculative platform, that reason and nature would
that the best should govern; but not in any wise to
create aright. But for my part, I take it neither
for a brag, nor for a wish; but for a truth as he li-
miteth it. For he saith, that if there can be found
such an inequality between man and man, as there
is between man and beast, or between soul and
body, it investeth a right of government: which
seemeth rather an impossible case than an untrue
sentence. But I hold both the judgment true, and
the case possible ; and such as hath had, and hath a
being, both in particular men and nations. But ere
we go farther, let us confine ambiguities and mis-
takings, that they trouble us not. First, to say that
the more capable, or the better deserver, hath such
right to govern, as he may compulsorily bring under
the less worthy, is idle. Men will never agree upon
it, who is the more worthy. For it is not only in
order of nature, for him to govern that is the more
intelligent, as Aristotle would have it; but there is
no less required for government, courage to protect ;
and above all, honesty and probity of will to abstain
from injury. So fitness to govern is a perplexed bu-
siness. Some men, some nations, excel in the one
ability,some in the other. Therefore the position
which I intend, is not in the comparative, that the
wiser, or the stouter, or the juster nation should
govern; but in the privative, that where there
is an heap of people, though we term it a king-
dom or state, that is altogether unable or indign
to govern ; there it is a just cause of war for another

136 OF AN HOLY WAR.

nation, that is civil or policed, to subdue them: and >
this, though it were to be done by a Cyrus or a Cesar,
that were no Christian. The second mistaking to be
banished is, that I understand not this of a personal
tyranny, as was the state of Rome under a Caligula,
or a Nero, or a Commodus: shall the nation suffer for
that wherein they suffer? But when the constitution
of the state, and the fundamental customs and laws of
the same, if laws they may be called, are against the
laws of nature and nations, then, I say, a war upon
them is lawful. I shall divide the question into three
parts. First, whether there be, or may be any nation
or society of meu, against whom it is lawful to make a
war, without a precedent injury or provocation? Se-
condly, what are those breaches of the law of nature
‘and nations, which do forfeit and divest all right and
title in a nation to govern? And thirdly, whether those
breaches of the law of nature and nations be found in
any nation at this day ? and namely, in the empire of
the Ottomans? For the first, I hold it clear that such
nations, or states, or society of people, there may be
and are. There cannot be a better ground laid to
declare this, than to look into the original donation
of government. Observe it well, especially the in-
ducement, or preface. Saith God: ‘ Let us make
man after our own image, and let him have dominion
over the fishes of the sea, and the fowls of the air
and the beasts of the land, &c.” Hereupon De Vic-
toria, and with him some others, infer excellently, and
extract a most true and divine aphorism, “ Non fun-
datur dominiumnisi in imagine Dei’. Here we have

OF AN HOLY WAR. 137

the charter of foundation: it is now the more easy to
judge of the forfeiture or reseizure. Deface the
image, and you divest the right. But what is this
image, and how is it defaced? The poor men of
Lyons, and some fanatical spirits, will tell you, that
the image of God is purity; and the defacement,
sin. But this subverteth all government: neither
did Adam’s sin, or the curse upon it, deprive him of
his rule, but left the creatures to a rebellion or re-
luctation. And therefore if you note-it attentively,
when this charter was renewed unto Noah and his
sons, it is not by the words, “ You shall have do-
minion; but Your fear shall be upon all the beasts
of the land, and the birds of the air, and all that
moveth :” not regranting the sovereignty, which
stood firm; but protecting it against the reluctation.
The sound interpreters therefore expounded this
image of God, of natural reason; which if it be to-
tally or mostly defaced, the right of government doth
cease ; and if you mark all the interpretes well, still
they doubt of the case, and not of the law. But this
is properly to be spoken to in handling the second
point, when we shall define of the defacements. To
goon: The prophet Hosea, in the person of God,
saith of the Jews ; “They have reigned, but not by
me ; they have set a scigniory over themselves, but
I knew nothing of it”. Which place proveth plainly,
that there are governments which God doth not avow.
For though they be ordained by his secret providence,
yet they are not acknowledged by his revealed will.
Neither can this be meant of evil governors or

138 OF AN HOLY WAR.

tyrants: for they are often avowed and established,
as lawful potentates ; but of some perverseness and
defection in the very nation itself; which appeareth
most manifestly in that the prophet speaketh of the
seigniory “in abstracto”, and not of the person of
the Lord. And although some heretics of those we
speak of have abused this text, yet the sun is not
soiled in passage. And again, if any man infer upon
the words of the prophet following, which declare this
rejection, and, to use the words of the text, rescission
of their estate to have been for their idolatry, that by
this reason the governments of ail idolatrous nations
should be also dissolved, which is manifestly untrue,
in my judgment it followeth not. For the idolatry
of the Jews then, and the idolatry of the Heathen
then and now, are sins of a far differing nature, in
regard of the special covenant, and the clear mani-
festations wherein God did contract and exhibit him-
self to that nation. This nullity of policy, and right
of estate in some nations, is yet more significantly
expressed by Moses in his canticle ; in the person of
God to the Jews: ‘ Ye have incensed me with gods
that are no gods, and I will incense you with a
people that are no people :” Such as were, no doubt,
the people of Canaan, after seisin was given of the
land of promise to the Israelites. For from that
time their right to the land was dissolved, though
they remained in many places unconquered. By
this we may see, that there are nations in name,
that are no nations in right, but multitudes only,
and swarms of people. For like as there are par-

OF AN HOLY WAR. 139

ticular persons outlawed and proscribed by civil
laws of several countries; so are there nations that
are outlawed and proscribed by the law of nature
and nations, or by the immediate commandment of
God. And as there are kings “ de facto,” and not
“ de jure,” in respect of the mullity of their title,
so are there nations that are occupants “ de facto,
and not “de jure,” of their territories, in respect of
the nullity of their policy or government. But let
us take in some examples into the midst of our
proofs ; for they will prove as much as put after, and
illustrate more. It was never doubted, but a war
upon pirates may be lawfully made by any nation,
though not infested or violated by them. Is it be-
cause they have not “ certas sedes,” or “lares?” In
the piratical war which was achieved by Pompey
_the Great, and was his truest and greatest glory, the
pirates had some cities, sundry ports, and a great
part of the province of Cilicia; and the pirates now
being, have a receptacle and mansion in Algiers.
Beasts are not the less savage because they have
dens. Isit because the danger hovers as a cloud,
that a man cannot tell where it will fall; and so it is
every man’s case? The reason is good, but it is
not all, nor that which is most alledged. For the
true received reason is, that pirates are “ communes
humani generis hostes;” whom all nations are to
prosecute, not so much in the right of their own
fears, as upon the band of human society. For as
there are formal and written leagues, respective to

140 OI’ AN HOLY WAR,

certain enemies; so is there a natural and tacit
confederation amongst all men, against the common
enemy of human society. So as there needs no
intimation, or denunciation of the war; there needs
no request from the nation grieved: but all these
formalities the law of nature supplies in the case of
pirates. The same is the case of rovers by land;
‘such as yet are some cantons in Arabia, and some
petty kings of the mountains, adjacent to straits
and ways. Neither is it lawful only for the neigh-
bour princes to destroy such pirates or rovers, but
if there were any nation never so far off, that would

make it an enterprise of merit and true glory, as the

Romans that made a war for the liberty of Grecia
from adistant and remote part, no doubt they might
do it. I make the same judgment of that kingdom
of the assassins now destroyed, which was situate
upon the borders of Saraca; and was for a time a
“great terror to all the princes of the Levant. Their
custom was, that upon the commandment of their
king, and a blind obedience to be given thereunto,
any of them was to undertake in the nature of a
votary, the insidious murder of any prince, or per-
son, upon whom the commandment went. This
custom, without all question, made their whole
government void, as an engine built against human
society, worthy by all men to be fired and pulled
down. I say the like of the anabaptists of Mun-
ster ; and this, although they had not been rebels to
the empire: and put case likewise that they had

OF AN HOLY WAR. 141

done no mischief at all actually, yet if there shall
be a congregation and consent of people, that shall
hold all things to be lawful, not according to any
certain laws or rules, but according to the secret
and variable motions and instincts of the spirit ; this
is indeed no nation, no people, no seigniory, that
God doth know; any nation that is civil and po-
liced, may, if they will not be reduced, cut them off
from the face of the earth. Now let me put a
feigned case, and yet antiquity makes it doubtful
whether it were fiction or history, of a land of Ama-
zons, Where the whole government public and _pri-
vate, yea, the militia itself, was in the hands of
women. Idemand, is not such a preposterous go-
vernment, against the first order of nature, for
women to rule over men, in itself void, and to be
suppressed ? I speak not of the reign of women,
for that is supplied by counsel, and subordinate ma-
gistrates masculine, but where the regiment of state
justice, families, is all managed by women. And
yet this last case differeth from the other before,
because in the rest there is terror of danger, but
in this there is only error of nature. Neither
should I make any great difficulty to affirm the
same of the sultanry of the Mamalukes; where
slaves, and none but slaves, bought for money,
and of unknown descent, reigned over families
of freemen. And much like were the case, if you
suppose a nation, where the custom were, that
after full age the sons should expulse their fathers

142 OF AN HOLY WAR.

and mothers out of their possessions, and put them to
their pensions: for these cases, of women to govern
men, sons the fathers, slaves freemen, are much in
the same degree; all being total violations and _per-
versions of the laws of nature and nations. For the
West-Indies, I perceive, Martius, you have read
Garcilazzo de Viega, who himself was descended of
the race of the Incas, a Mestizo, and is willing to
make the best of the virtues and manners of his coun-
try : and yet in troth he doth it soberly and credibly
enough. Yet you shall hardly edify me, that those
nations might not by the law of nature have been
subdued by any nation, that had only policy and
moral virtue; though the propagation of the faith,
whereof we shall speak in the proper place, were set
by, and not made part of the case. Surely their
nakedness, being with them, in most parts of that
country, without all vail or covering, was a great
defacement: for in the acknowledgment of naked-
ness was the first sense of sin; and the heresy of the
Adamites was ever accounted an affront of nature.
But upon these I stand not; nor yet upon their
idiocy, in thinking that horses did eat their bits, and
letters speak, and the like: nor yet upon their sorce-
ries, which are, almost, common to all idolatrous na-
tions. But, I say, their sacrificing, and more espe-
cially their eating of men, is such an abomination, as,
methinks, a man’s face should be a little confused, to
deny, that this custom, joined with the rest, did not
make it lawful for the Spaniards to invade their terri-

OF 4N HOLY WAR. 143

tory, forfeited by the law of nature ; and either to re-
duce them or displant them. But far be it from me,
yet nevertheless, to justify the cruelties which were
at first used towards them: which had their reward
soon after, there being not one of the principal of the
first conquerors, but died a violent death himself;
and was well followed by the deaths of many more.
Of examples enough: except we should add the
labours of Hercules; an example, which though it
be flourished with much fabulous matter, yet so much
it hath, that it doth notably set forth the consent of
all nations and ages, in the approbation of the extir-
pating and debellating of giants, monsters, and fo-
reign tyrants, not only as lawful, but as meritorious
even of divine honour: and this although the deli-
verer came from the one end of the world unto the
other. Let us now set down some arguments to
prove the same ; regarding rather weight than num-
ber, as in such a conference as this is fit. The first
argument shall be this. It is a great error, anda
narrowness or straitness of mind, if any man think,
that nations have nothing to do one with another,
except there be either an union in sovereignty, or a
conjunction in pacts or leagues. There are other
bands of society, and implicit confederations. That
of colonies, or transmigrants, towards their mother
nation. “ Gentes unius labii” is somewhat; for as
the confusion of tongues was a mark of separation, so
the being of one language is a mark of union. To
have the same fundamental laws and customs in chief

144 OF AN HOLY WAR.

is yet more, as it was between the Grecians in respect
of the barbarians. To be of one sect or worship ; if
it be a false worship, I speak not of it, for that is but
“ fratres in malo.” But above all these, there is the
supreme and indissoluble consanguinity and society
between men in general : of which the heathen poet,
whom the apostle calls to witness, saith, “ We are all
his generation.” But much more we Christians,
unto whom it is revealed in particularity, that all
men came from one lump of earth; and that two
singular persons were the parents from whom all the
generations of the world are descended: we, I say,
ought to acknowledge, that no nations are wholly
aliens and strangers the one to the other; and not
to be less charitable than the person introduced by.
the comic poet, “ Homo sum, humani nihil a me alie-
num puto.” Now if there be such a tacit league or
confederation, sure it is not idle; it is against some-
what, or somebody: who should they be? Is it
against wild beasts; or the elements of fire and
water? No, if is against such routs and shoals of
people, as have utterly degenerated from the laws of
nature; as have in their very body and frame of
estate a monstrosity ; and may be truly accounted,
according to the examples we have formerly recited,
common enemies and grievances of mankind ; or dis-
graces and reproaches to human nature. Such peo-
ple, all nations are interessed, and ought to be resent-
ing, to suppress; considering that the particular
states themselves, being the delinquents, can give no

po din eae

OF AN HOLY WAR. : 145

redress. And this, I say, is not to be measured so
much by the principles of jurists, as by “ lex chari-
tatis; lex proximi,” which includes the Samaritan as
well as the Levite; “lex filiorum Ade de massa
una:” upon which original laws this opinion is
grounded : which to deny, if aman may speak freely,
were almost to be a schismatic in nature.

[ The rest was not perfected. ]

THE LORD BACON’S QUESTIONS ABOUT
THE LAWFULNESS OF A WAR
FOR THE PROPAGATING OF RELIGION.

QUESTIONS WHEREIN I DESIRE OPINION JOINED WITH
ARGUMENTS AND AUTHORITIES,

WuetnHer a war be lawful against infidels, only for
the propagation of the Christian faith, without other
cause of hostility?

Whether a war be lawful to recover to the
Church countries which formerly have been Chris-
tian, though now alienate, and Christians utterly
extirpated ?

Whether a war be lawful, to free and deliver
Christians that yet remain in servitude and subjec-
tion to infidels ?

VOL. VII. L

146 THE LORD BACON’S QUESTIONS, &c.

Whether a war be lawful in revenge, or vindica-
tion, of blasphemy, and reproaches against the
Deity and our Saviour? Or for the ancient effusion
of Christian blood, and cruelties upon Christians ?

Whether a war be lawful for the restoring and
purging of the holy land, the sepulchre, and other
principal places of adoration and devotion ?

Whether, in the cases aforesaid, it be not obliga-
tory to Christian princes to make such a war, and
not permissive only ?

Whether the making of a war against the infidels
be not first in order of dignity, and to be preferred
before extirpations of heresies, reconcilements of
schisms, reformation of manners, pursuits of just
temporal quarrels, and the like actions for the pub-
lic good; except there be either a more urgent ne-
cessity, or a more evident facility in those inferior

actions, or except they may both go on together in
some degree ?

MISCELLANEOUS.

MR. BACON’S DISCOURSE
IN THE
PRAISE OF HIS SOVEREIGN.

No praise of magnanimity, nor of love, nor of know-
ledge, can intercept her praise, that planteth and
nourisheth magnanimity by her example, love by her
person, and knowledge by the peace and serenity of
her times. Andif these rich pieces be so fair unset,
what are they set, and set in all perfection? Magna-
nimity no doubt consisteth in contempt of peril, in
contempt of profit, and in meriting of the times
wherein one liveth. For contempt of peril, see a lady
that cometh to a crown afier the experience of some
adverse fortune, which for the most part extenuateth
the mind, and maketh it apprehensive of fears. No
sooner she taketh the sceptre into her sacred hands,
but she putteth on a resolution to make the greatest,
the most important, the most dangerous that can be
in a state, the alteration of religion. This she doth,
not after a sovereignty established and continued by
sundry years, when custom might have bred in her
people a more absolute obedience ; when trial of her
servants might have made her more assured whom
to employ; when the reputation of her policy and
virtue might have made her government redoubted :
_ but at the very entrance of her reign, when she was

150 A DISCOURSE IN PRAISE

green in authority, her servants scant known unto
her, the adverse part not weakened, her own part
not confirmed. Neither doth she reduce or reunite
her realm to the religion of the states about her,
that the evil inclination of the subject might be
countervailed by the good correspondence in foreign
parts: but contrariwise, she introduceth a religion
exterminated and persecuted both at home and
abroad. Her proceeding herein is not by degrees
and by stealth, but absolute and at once. Was she
encouraged thereto by the strength she found
in leagues and alliances with great and potent con-
federates ? No, but she found her realm in wars with
her nearest and mightiest neighbours. She stood
single and alone, and in league only with one, that
after the people of her nation had made his wars,
left her to make her own peace; one that could
never be by any solicitation moved to renew the
treaties; and one that since hath proceeded from
doubtful terms of amity to the highest acts of hosti-
lity. Yet, notwithstanding the opposition so great,
the support so weak, the season so improper; yet,
I say, because it was a religion wherein she was
nourished and brought up; a religion that freed her
subjects from pretence of foreign powers, and indeed
the true religion; she brought to pass this great.
work with successs worthy so noble a resolution.
See a queen that, when a deep and secret conspiracy
was plotted against her sacred person, practised by
subtile instruments, embraced by violent and despe-
rate humours, strengthened and bound by vows and

t

OF QUEEN ELIZABETH. 151

sacraments, and the same was revealed unto her,
(and yet the nature of the affairs required further
ripening before the apprehension of any of the par-
ties,) was content to put herself into the guard of
the divine providence, and her own prudence, to
have some of the conspirators in her eyes, to suffer
them to approach to her person, to take a petition of
the hand that was conjured for her death; and that
with such majesty of countenance, such mildness and
serenity of gesture, such art and impression of words,
as had been sufficient to have represt and bound the
hand of a conspirator, if he had not been discovered.
Lastly, see a queen, that when her realm was to have
been invaded by an army, the preparation whereof
was like the travel of an- elephant, the provisions
were infinite, the setting forth whereof was the ter-
ror and wonder of Europe ; it was not seen that her
chear, her fashion, her ordinary manner was any
thing altered : not a cloud of that storm did appear
in that countenance wherein peace doth ever shine ;
but with excellent assurance, and advised security,
she inspired her council, animated her nobility, re-
doubled the courage of her people, still having this
noble apprehension, not only that she would commu-
nicate her fortune with them, but that it was she
that would protect them, and not they her: which
she testified by no less demonstration than her pre-
sence in camp. Therefore, that magnanimity that
neither feareth greatness of alteration, nor the views
of conspirators, nor the power of enemy, is more
than heroical.

Bry’. A DISCOURSE IN PRAISE

For contempt of profit, consider her offers, con-
sider her purchases. She hath reigned in a most
populous and wealthy peace, her people greatly
multiplied, wealthily appointed, and singularly devo-
ted. She wanted not the example of the power of
her arms in the memorable voyages and invasions
prosperously made and atchieved by sundry her
noble progenitors. She had not wanted pretences,
as well of claim and right, as of quarrel and revenge.
She hath reigned during the minority of some of her
neighbour princes, and during the factions and divi-
sions of their people upon deep and irreconcilable
quarrels, and during the embracing greatness of
some one that hath made himself so weak through
too much burthen, as others are through decay of
strength; and yet see her sitting as it were within
the compass of her sands. Scotland, that doth as it
were eclipse her island ; the United Provinces of the
Low Countries, which for wealth, commodity of
traffic, affection to our nation, were most meet to be
annexed to this crown; she left the possession of
the one, and refused the sovereignty of the other :
so that notwithstanding the greatness of her means,
the justness of her pretences, and the rareness of her
opportunity, she hath continued her first mind, she
hath made the possessions which she received the
limits of her dominions, and the world the limits of
her name, by a peace that hath stained all victories.

For her merits, who doth not acknowledge, that
she hath been as a star of most fortunate influence
upon the age wherein she hath shined? Shall we

OF QUEEN ELIZABETH. 153

speak of merit of clemency? or merit of beneficence?
Where shall a man take the most proper and natural
trial of her royal clemency ? Will it best appear in
the injuries that were done unto her before she
attained the crown? or after she is seated in her
throne? or that the commonwealth is incorporated
in her person? Then clemency is drawn in question,
as a dangerous encounter of justice and policy. And
therefore, who did ever note, that she did relent, after
that she was established in her kingdom, of the
wrongs done unto her former estate? Who doth
not remember how she did revenge the rigour and
rudeness of her jailor by a word, and that no bitter
but salt, and such as shewed rather the excellency of
her wit than any impression of her wrong? Yea,
and further, is it not so manifest, that since her reign,
notwithstanding the principle that princes should not
neglect, “ That the Commonwealth’s wrong is inclu-
ded in themselves ;” yet when it is question of drawing
the sword, there is ever a conflict between the justice
of her place, joined with the necessity of her state
and her royal clemency, which as a sovereign and
precious balm continually distilleth from her fair
hands, and falleth into the wounds of many that
have incurred the offence of her law. |
Now, for her beneficence, what kind of persons
have breathed during her most happy reign, but have
had the benefit of her virtues conveyed unto them?
Take a view, and consider, whether they have not
extended to subjects, to neighbours, to remote stran-
gers, yea, to her greatest enemies. For her subjects,

154 A DISCOURSE IN PRAISE

where shall we begin in such a maze of benefits as
presenteth itself to remembrance? Shall we speak
of the purging away of the dross of religion, the
heavenly treasure; or that of money, the earthly
treasure? The greater was touched before, and the
latter deserveth not to be forgotten. For who be-
lieveth not, that knoweth any thing in matter of
estate, of the great absurdities and frauds that arise
of divorcing the legal estimation of moneys from the
general, and, as I may term it, natural estimation of
metals, and again of the uncertainty and wavering
values of coins, a very labyrinth of cousenages and
abuse, yet such as great princes have made their
profit of towards their own people. Pass on from
the mint to the revenue and receipts: there shall
you find, no raising of rents, notwithstanding the
alteration of prices and the usage of the times; but
the over value, besides a reasonable fine left for the
relief of tenants and reward of servants ; no raising
of customs, notwithstanding her continual charges
of setting to the sea; no extremity taken of forfei-
ture and penal laws, means used by some kings for
the gathering of great treasures. A few forfeitures,
indeed, not taken to her own purse, but set over to
some others for the trial only, whether gain could
bring those laws to be well executed, which the
ministers of justice did neglect. But after it was
found, that only compassions were used, and the law
never the nearer the execution, the course was
straight suppressed and discontinued. Yea, there
have been made laws more than one in her time for

OF QUEEN ELIZABETH. 155

the restraint of the vexation of informers and pro-
--moters: nay, a course taken by her own direction
- for the repealing of all heavy and snared laws, if it
had not been crossed by those to whom the benefit
should have redounded. There shall you find, no
new taxes, impositions, nor devices ; but the benevo-
lence of the subject freely offered by assent of pavrli-
ament, according to the ancient rates, and with
great moderation in assessment; and not so only,
but some new forms of contribution offered likewise
by the subject in parliament; and the demonstration
of their devotion only accepted, but the thing never
put in ure. There shall you find loans, but honour-
ably answered and paid, as it were the contract of a
private man. To conclude, there shall you find
moneys levied upon failts of lands, alienation, though
not of the ancient patrimony, yet of the rich and
commodious purchases and perquisites of the crown
only, because she will not be grievous and burthen-
some to the people. This treasure, so innocently
levied, so honourably gathered and raised, with
such tenderness to the subject, without any baseness
or dryness at all, how hath it been expended and
employed? Where be the wasteful buildings, and
the exorbitant and prodigal donatives, the sump-
tuous dissipations in pleasures, and vain ostentations
which we find have exhausted the coffers of so many
kings? It is the honour of her house, the royal re-
-Imunerating of her servants, the preservation of her
people and state, the protection of her suppliants and
allies, the encounter, breaking, and defeating the

156 A DISCOURSE IN PRAISE

enemies of her realm, that hath been the only pores
and pipes whereby the treasure hath issued. Hath
it been the sinews of a blessed and prosperous peace ?
Hath she bought her peace? Hath she lent the king
of Spain money upon some cavillation not to be re-
peated, and so bought his favour? And hath she
given large pensions to corrupt his council? No, but
she hath used the most honourable diversion of trou-
bles that can be in the world. She hath kept the
fire from her own walls by seeking to quench it inher
neighbours. ‘That poor brand of the state of Bur-
gundy, and that other of the crown of France that
remaineth, had been in ashes but for the ready foun-
tain of her continual benignity. For the honour of
her house it is well known, that almost the universal
manners of the times doth incline to a certain parsi-
mony and dryness in that kind of expence; yet she
retaineth the ancient magnificence, the allowance as
full, the charge greater than in time of her father,
or any king before; the books appear, the computa-
tion will not flatter. And for the remunerating and
rewarding of her servants, and the attendance of the
court, let aman cast and sum up all the books of
gifts, fee-farms, leases and custodies that have passed
her bountiful hands. Let him consider again what a
number of commodious and gainful offices heretofore
bestowed upon men of other education and profes-
sion, have been withdrawn and conferred upon her
court. Let him remember, what a number of other
gifts disguised by other names, but in effect as good
as money given out of her coffers, have been granted

OF QUEEN ELIZABETH. 157

by her; and he will conclude, that her royal mind is
far above her means. The other benefits of her
politic, clement, and gracious government towards
the subjects are without number ; the state of justice
good, notwithstanding the great subtilty and hu-
mourous affections of these times; the security of
peace greater than can be described by that verse;
‘¢ Tutus bos etenim rura ees Hy .

‘«‘ Nutrit rura Ceres, almaque Faustitas.”

Or that other,
‘“¢ Condit quisque diem collibus in suis.”

The opulency of the peace such, as if you have re-
spect, to take one sign for many, to the number of
fair houses that have been built since her reign, as
Augustus said, “ that he had received the city of
brick, and left it of marble ;” so she may say, she re-
ceived it a realm of cottages, and hath made it a
realm of palaces: the state of traftic great and rich:
the customs, notwithstanding these wars and inter-
ruptions, not fallen: many profitable trades, many
honourable discoveries : and lastly, to make an end
where no end is, the shipping of this realm so ad-
vanced and made so mighty and potent, as this island
is become, as the natural site thereof deserved, the
lady of the sea; a point of so high consequence, as it
may be truly said, that the commandment of the sea
is an abridgement or a quintessence of an universal
monarchy.

This and much more hath she merited of her
subjects: now to set forth the merit of her neigh-
bours and the states about her. It seemeth the

158 A DISCOURSE IN PRAISE

things have made themselves purveyors of continual,
new, and noble occasions for her to shew them be-
nignity, and that the fires of troubles abroad have
been ordained to be as lights and tapers to make her
virtue and magnanimity more apparent. For when
that one, stranger born, the family of Guise, being
as a hasty weed sprung up ina night, had spread
itself to a greatness, not civil but seditious; a great-
ness, not of encounter of the ancient nobility, not of
preeminency in the favour of kings, and not remiss’
of affairs from kings; but a greatness of innovation
- in state, of usurpations of authority, of affecting of
crowns; and that accordingly, under colour of con-
sanguinity and religion, they had brought French
forces into Scotland, in the absence of their king and.
queen being within their usurped tutele; and that
the ancient nobility of this realm, seeing the immi-
nent danger of reducing that kingdom under the
tyranny of foreigners and their faction, had, accord-
ing to the good intelligence betwixt the two crowns,
prayed her neighbourly succours: she undertook
the action, expelled the strangers, restored the nobi-
lity to their degree. And lest any man should think
her intent was to unnestle ill neighbours, and not to
aid good neighbours, or that she was readier to re-
store what was invaded by others than to render what
was in her own hands ; see if the time provided not
a new occasion afterwards, when through their own
divisions, without the intermise of strangers, her
forces were again sought and required ; she forsook’

them not, prevailed so far as to be possessed of the
2

OF QUEEN ELIZABETH. 159

castle of Edinburgh, the principal strength of that
kingdom, with peace, incontinently, without cuncta-
tions or cavillations, the preambles of a wavering
faith, she rendered with all honour and security ;
and his person to safe and faithful hands; and so
ever after during his minority continued his prin-
cipal guardian and protector. In the time and be-
tween the two occasions of Scotland, when the same
faction of Guise, covered still with pretence of reli-
gion, and strengthened by the desire of retaining
government in the queen-mother of France, had
raised and moved civil wars in that kingdom, only to
extirpate the ancient nobility, by shocking them one
against another, and to waste that realm as a candle
which is lighted at both ends: and that those of the
religion, being near of the. blood-royal, and otherwise
of the greatest house in France, and great officers
of the crown opposed themselves only against their
insolency, and to their supports called in her aid,
giving unto them Newhaven for a place of security :
see with what alacrity, in tender regard towards
the fortune of that young king, whose name was
used to the suppliants of his strength, she em-
braced the enterprise; and by their support and
reputation the same party suddenly made great pro-
ceedings, and in conclusion made their peace as they
‘would themselves : and although they joined them-
selves against her, and performed the parts rather of
good patriots than of good confederates, and that
after great demonstration of valour in her subjects.
For as the French will to this day report, specially

160 A DISCOURSE IN PRAISE

by the great mortality by the hand of God, and the
rather because it is known she did never much affect
the holding of that town to her own use; it was left,
and her forces withdrawn, yet did that nothing di-
minish her merit of the crown, and namely of that
party who recovered by it such strength, as by that
and no other thing they subsisted long after: and
lest that any should sinisterly and maliciously inter- |
pret that she did nourish those divisions; who knoweth
not what faithful advice, continual and earnest soli-
citation she used by her ambassadors and ministers
to the French kings successively, and to their mother,
to move them to keep their edicts of pacification, to
retain their own authority and greatness by the
union of her subjects ? Which counsel, if it had been
as happily followed, as it was prudently and _sin-
cerely given, France at this day had been a most
flourishing kingdom, which now is a theatre of
misery. And now at last, when the said house of
Guise, being one of the whips of God, whereof them-
selves are but the cords, and Spain the stock, had by
their infinite aspiring practices wrought the miracles
of states, to make a king in possession long esta-
blished to play again for his crown, without any title
of a competitor, without any invasion of a foreign
enemy, yea, without any combination in substance
of a blood-royal or nobility ; but only by furring in
audacious persons into sundry governments, and by
making the populace of towns drunk with seditious
preachers: and that king Henry the Third, awaked
by those pressing dangers, was compelled to execute |

OF QUEEN ELIZABETH. 161

the duke of Guise without ceremony ; and yet never-
theless found the despair of so many persons embark-
ed and engaged in that conspiracy, so violent, as the
flame thereby was little assuaged ; so that he was

» inforced to implore her aids and succours. Consider

how benign care and good correspondence she gave
to the distressed requests of that king; and he soon
after being, by the sacrilegious hand of a wretched
Jacobin lifted up against the sacred person of his
natural sovereign, taken away, not wherein the cri-
minous blood of Guise, but the innocent blood which
he hath often spilled by instigation of him and his
house was revenged, and that this worthy gentleman
who reigneth come to the crown ; it will not be for-
gotten by so grateful a king, nor by so observing an
age, how ready, how opportune and reasonable, how
royal and sufficient her succours were, whereby she
enlarged him at that time, and preferred him to his
better fortune : and ever since in those tedious wars,
wherein he hath to do with a Hydra, or a monster
with many heads, she hath supported him with trea-
sure, with forces, and with employment of one that
she favoureth most. What shall I speak of the offer-
ing of Don Anthony to his fortune; a devoted
catholic, only commended unto her by his oppressed
state? What shall I say of the great storm of a
mighty invasion, not of preparation, but in act, by
the Turk upon the king of Poland, lately dissipated
only by the beams of her reputation: which with
the Grand Signor is greater than that of all the states
of Europe put together? But let me rest upon the
VOL. VII. M

162 A DISCOURSE IN PRAISE

honourable and continual aid and relief she hath
gotten to the distressed and desolate people of the
Low Countries; a people recommended unto her by
ancient confederacy and daily intercourse, by their
cause so innocent, and their fortune so lamentable.
And yet notwithstanding, to keep the conformity of
her own proceeding never stained with the least note
of ambition or malice, she refused the sovereignty of
divers of those goodly provinces offered unto her
with great instance, to have been accepted with great
contentment both of her own people and others, and
justly to be derived either in respect of the hostility
of Spain, or in respect of the conditions, liberties and
privileges of those subjects, and without charge,
danger, and offence to the king of Spain and his
partisans. She hath taken upon her their defence
and protection without any further avail or profit
unto herself, than the honour and merit of her benig-
nity to the people that hath been pursued by their
natural king only upon passion and wrath, in such
sort that he doth consume his means upon revenge.
And, having to verify that which I said, that her
merits have extended to her greatest enemies; let
it be remembered what hath passed in that matter
between the king of Spain and her: how in the be-
ginning of the troubles there, she gave and imparted
to him faithful and friendly advice touching the course
that was to be taken for quieting and appeasing of
them. Then she interposed herself to most just and
reasonable capitulations, wherein always should have
been preserved unto him as ample interest, juris-

OF QUEEN ELIZABETH. 163

diction, and superiority in those countries as he in
right could claim, or a prince well-minded would
seek to have: and, which is the greatest point, she
did by her advice, credit and policy, and all good
means, interrupt and appeach, that the same people
by despair should not utterly alien and distract them-
selves from the obedience of the king of Spain, and
cast themselves into the arms ofa stranger: insomuch,
that it is most true, that she did ever persuade the
duke of Anjou from that action, notwithstanding
the affection she bare to that duke, and the obstinacy
which she saw daily growing in the king of Spain.
Lastly, to touch the mighty general merit of this
queen, bear in mind, that her benignity and bene-
ficence hath been as large as the oppression and
ambition of Spain. For to begin with the church of
Rome, that pretended apostolic see is become but a
donative cell of the king of Spain; the vicar of Christ
is become the king of Spain’s chaplain ; he parteth
the coming in of the new pope, for the treasure of the
old: he was wont to exclude but some two or three
cardinals, and to leave the election of the rest; but
now he doth include, and present directly some
small number, all incapable and incompatible with
the conclave, put in only for colour, except one or
two. The states of Italy, they be like little
quillets of freehold being intermixed in the midst of
a great honour or lordship : France is turned upside
down, the subject against the king, cut and mangled
infinitely, a country of Rodamonts and Roytelets,
farmers of the ways: Portugal usurped by no other
title than strength and vicinity : the Low Countries

164 A DISCOURSE IN PRAISE

warred upon, because he seeketh, not to possess
them, for they were possessed by him before, but
to plant there an absolute and martial government,
and to suppress their liberties: the like at this day
attempted upon Arragon: the poor Indies, whereas
the Christian religion generally brought infran-
chisement of slaves in all places where it came, in
a contrary course are brought from freemen to be
slaves, and slaves of most miserable condition: sun-
dry trains and practices of this king’s ambition in
Germany, Denmark, Scotland, the east towns, are
not unknown. ‘Then it is her government, and her
government alone, that hath been the sconce and
fort of all Europe, which hath lett this proud nation
from over-running all. If any state be yet free
from his factions erected in the bowels thereof; if
there be any state wherein this faction is erected,
that is not yet fired with civil troubles ; if there be
any state under his protection upon whom he
usurpeth not; if there be any subject to him that
enjoyeth moderate liberty, upon whom he tyran-
nizeth not: let them all know, it is by the mercy
of this renowned queen, that standeth between them
and their misfortunes. These be some.of the beams
of noble and radient magnanimity, in contempt of
peril which so manifestly, in contempt of profit
which so many admire, and in merit of the world
which so many include in themselves; set forth
in my simplicity of speech with much loss of lus-
tre, but with near approach of truth; as the sun
is seen in the water. ,

Now to pass to the excellencies of her person:

OF QUEEN ELIZABETH. 165

the view of them wholly and not severally, do make
so sweet a wonder, as I fear to divide them. Again,
nobility extracted out of the royal and victorious
line of the kings of England ; yea, both roses, white
and red, do as well flourish in her nobility as in her
beauty, as health, such as was like she should have
that was brought forth by two of the most goodly
princes of the world, in the strength of their years,
in the heat of their love; that hath been injured
neither with an over-liberal nor over-curious diet,
that hath not been sustained by an umbratile life
still under the roof, but strengthened by the use
of the pure and open air, that still retaineth flower
and vigour of youth. For the beauty and many graces
of her presence, what colours are fine enough
for such a portraiture? let no light poet be used
for such a description, but the chastest and the
royalest :

Of her gait ; ‘“ Et vera incessu patuit Dea.”

Of her voice; “‘ Nec vox hominem sonat.”

Of her eye; “ Et letos oculis afflavit honores.”

Of her colour; “ Indum sanguineo veluti viola-

verit ostro Si quis ebur.”

Of her neck ; “ Et rosea cervice refulsit.”

Of her breast ; “ Veste sinus collecta fluentes.”

Ofher hair; “ Ambrosizque come divinum ver-

tice odorem
Spiravere.”

If this be presumption, let him bear the blame

that owneth the verses. What shall I speak of her

166 A DISCOURSE IN PRAISE

rare qualities of compliment; which as they be ex-
cellent in the things themselves, so they have always
besides somewhat of a queen: and as queens use
shadows and veils with their rich apparel; methinks
in all her qualities there is somewhat that flieth from
ostentation, and yet inviteth the mind to contem-
plate her more?

What should I speak of her excellent cif of
speech, being a character of the greatness of her
conceit, the height of her degree, and the sweetness
of her nature? What life, what edge is there in
those words and glances wherewith at pleasure she
can give a man long to think; be it that she mean
to daunt him, to encourage him, or to amaze him!
How admirable is her discourse, whether it be in
learning, state, or love! what variety of knowledge;
what rareness of conceit; what choice of words;
what grace of utterance! Doth it not appear, that
though her wit be as the adamant of excellencies,
which draweth out of any book ancient or new, out of
any writing or speech, the best; yet she refineth it, she
enricheth it far above the value wherein it is received ?
And is her speech only that language which the
child learneth with pleasure, and not those which
the studious learn with industry? Hath she not
attained, besides her rare eloquence in her own lan-
guage, infinitely polished since her happy times,
changes of her languages both learned and modern ?
so that she is able to negotiate with divers ambas-
sadors in their own languages; and that with no

_ OF QUEEN ELIZABETH. 167

disadvantage unto them, who I think cannot but
have a great part of their wits distracted from their
matters in hand to the contemplation and admira-
tion of such perfections. What should I wonder on
to speak of the excellencies of her nature, which
cannot endure to be looked on with a discontented
eye: of the constancy of her favours, which maketh
service as a journey by land, whereas the service of
other princes is like an embarking by sea. For her
royal wisdom and policy of government, he that
shall note and observe the prudent temper she useth
in admitting access; of the one side maintaining
the majesty of her degree, and on the other side not
prejudicing herself by looking to her estate through
too few windows: her exquisite judgment in choos-
ing and finding good servants, a point beyond the
former, her profound discretion in assigning and
appropriating every of them to their aptest employ-
ment: her penetrating sight in discovering every
man’s ends and drifts: her wonderful art in keep-
ing servants in satisfaction, and yet in appetite y
her inventing wit in contriving plots and overturns:
her exact caution in censuring the propositions of
others for her service: her foreseeing events: her |
usage of occasions: he that shall consider of these,
and other things that may not well be touched, as
he shail never cease to wonder at such a queen, so
he shall wonder the less, that in so dangerous times,
when wits are so cunning, humours extravagant,
passions so violent, the corruptions so great, the dissi-
mulations so deep, factions so many; she hath not-

168 A DISCOURSE IN PRAISE

withstanding done-such great things, and reigned
in felicity. 7

'To speak of her fortune, that which I did reserve
for a garland of her honour; and that is, that she
liveth a virgin, and hath no children: so it is that
which maketh all her other virtues and acts more
sacred, more august, more divine. Let them leave
children that leave no other memory in their times:
‘“ Brutorum eternitas, soboles.” Revolve in histo-
ries the memories of happy men, and you shall not
find any of rare felicity but either he died childless,
or his line spent soon after his death; or else was
unfortunate in his children. Should a man have
them to be slain by his vassals, as the “ posthumus”
of Alexander the Great was? or to call them his im-
posthumes, as Augustus Cesar called his? Peruse
the catalogue: Cornelius Sylla, Julius Cesar, Fla-
vius Vespasianus, Severus, Constantinus the Great,
and many more. ‘“ Generare et liberi, humana:
creare et operari, divina.” And therefore, this ob-
jection removed, let us proceed to take a view of her
felicity.

A mate of fortune she never took: only some
adversity she passed at the first, to give her a
quicker sense of the prosperity that should follow,
and to make her more reposed in the divine provi-
dence. Well, she cometh to the crown: it was no
small fortune to find at her entrance some such ser-

vants and counsellors as she then found. The French >

king, who at this time, by reason of the peace con-

cluded with Spain, and of the interest he had in

gig Bisson ee

OF QUEEN ELIZABETH. 169

Scotland, might have proved a dangerous neigh-
bour: by how strange an accident was he taken
away? The king of Spain, who, if he would have
inclined to reduce the Low Countries by lenity,
considering the goodly revenues which he drew
from those countries, the great commodity to annoy
her state from thence, might have made mighty and
perilous matches against her repose; putteth on a
resolution not only to use the means of those coun-
tries, but to spend and consume all his other means,
the treasure of his Indies, and the forces of his ill-
compacted dominions there and upon them. The
Carles that rebelled in the North, before the Duke
of Norfolk’s plot, which, indeed, was the strength
and seal of that commotion, was fully ripe, brake
forth, and prevented their time. The king Sebastian
of Portugal, whom the king of Spain would fain
have persuaded that it was a devouter enterprise to
purge Christendom, than to enlarge it, though I
know some think that he did artificially nourish him
in that voyage, is cut a-pieces with his army in
Africa: then hath the king of Spain work cut out
to-make all things in readiness during the old car-
dinal’s time for the conquest of Portugal; whereby
his desire of invading of England was slackened and
put off some years, and by that means was put in
execution at a time for some respects much more to
his disadvantage. And the same.-invasion, like and
as if it had been attempted before, it had the time
much more proper and favourable ; so likewise had
it in true discourse a better season afterwards: for,

170 A DISCOURSE IN PRAISE

if it had been dissolved till time that the League had
been better confirmed in France; which no doubt
would have been, if the duke of Guise, who was the
only man of worth on that side, had lived; and the
French king durst never have laid harfd upon him,
had he not been animated by the English victory
against the Spaniards precedent. And then, if some
_maritime town had been gotten into the hands of
the League, it had been a great surety and strength
to the enterprise. The popes, to consider of them
whose course and policy it had been, knowing her
majesty’s natural clemency, to have temporized and
dispensed with the Papists coming to church, that
through the mask of their hypocrisy they might
have been brought into places of government in the
state and in the country: these, contrariwise, by the
instigation of some fugitive scholars that advised
him, not that was best for the see of Rome, but
what agreed best with their eager humours and des-
perate states; discover and declare themselves so
far by sending most seminaries, and taking of recon-
cilements, as there is now severity of laws introduced
for the repressing of that sort, and men of that reli- |
gion are become the suspect. What should I speak |
of so many conspiracies miraculously detected ? the
records shew'the treasons: but it is yet hidden in
many of them how they came to light. What should
I speak of the opportune death of her enemies,
and the wicked instruments towards her estate?
Don Juan died not amiss: Darleigh, duke of Le-
nox, who was used as an instrument to divorce Scot-

OF QUEEN ELIZABETH. LF 1

land from the amity of England, died in no ill sea-
son: a man withdrawn indeed at that time to
France; but not without great help. I may not
mention the death of some that occur to mind: but
still methinks, they live that should live, and they
die that should die. I would not have the king of
Spain die yet ; he is “ seges glorie :” but when he
groweth dangerous, or any other besides him ; I am
persuaded they will die. What should I speak of
the fortunes of her armies, which, notwithstanding
the inward peace of this nation, were never more>
renowned ? What should I recount Leith and New-
haven for the honourable skirmishes and services ?
they are no blemish at all to the militia of Eng-
land.

In the Low Countries; the Lammas day, the
retreat of Ghent, the day of Zutphen, and the pros-
perous progress of this summer: the bravado in
Portugal, and the honourable exploits in the aid of
the French king, besides the memorable voyages in
the Indies; and lastly, the good entertainment of the
invincible navy, ‘which was chased till the chasers
were weary, after infinite loss, without taking a
cock-boat, without firing a sheep-cot, sailed on the
mercies of the wind, and the discretion of their ad-
ventures, making a perambulation or pilgrimage
about the northern seas, and ignobling many shores
and points of land by shipwreck: and so returned
home with scorn and dishonour much greater, than
the terror and expectation of their setting forth.

These virtues and perfections, with so great feli-

172 A DISCOURSE IN PRAISE OF QUEEN ELIZABETH.

city, have made her the honour of her times, the
admiration of the world, the suit and aspiring of
greatest kings and princes, who yet durst never have
aspired unto her, but as their minds were raised by
love.

But why do I forget that words do extenuate
and embase matters of so great weight ? Time is her
best commander, which never brought forth such a_
prince, whose imperial virtues contend with the ex-
cellency of her person: both virtues contend with
her fortune: and both virtue and fortune contend —
with her fame.

“« Orbis amor, famee carmen, ccelique pupilla :
Tu decus omne tuis, tu decus ipsa tibi!”

A PROCLAMATION DRAWN FOR HIS MAJESTY’S
FIRST COMING IN.

[PREPARED, BUT NOT USED.]

*

Havine great cause, at this time, to be moved with
diversity of affections, we do in first place condole
with all our loving subjects of England, for the loss
of their so virtuous and excellent queen; being a
prince that we always found a dear sister, yea a mo-
ther to ourself in many her actions and advices. A
prince, whom we hold and behold as an excellent
pattern and example to imitate in many her royal
virtues and parts of government; and a prince whose
days we could have wished to have been prolonged ;
we reporting ourselves not only to the testimony of
our royal heart, but to the judgment of all the world,
whether there ever appeared in us any ambitious or
impatient desire to prevent God’s appointed time.
Neither are we so partial to our own honour, but that
we do in great part ascribe this our most peaceable
and quiet entrance and coming to these our crowns,
next under the blessing of Almighty God, and our
undoubted right, to the fruit of her majesty’s peace-
able and quiet government, accustoming the people
to all loyalty and obedience. As for that which

-concerneth ourselves, we would have all our loving
subjects know, that we do not take so much glad-

1

174 A PROCLAMATION DRAWN FOR

ness and contentment in the devolving of these king-
doms, unto our royal person, for any addition or
increase of glory, power, or riches, as in this, that it
is so manifest an evidence unto us, especially the
manner of it considered, that we stand, though un-
worthy, in God’s favour, who hath put more means
into our hands to reward our friends and servants,
and to pardon and obliterate injuries, and to comfort
and relieve the hearts and estates of our people and
loving subjects, and chiefly to advance the holy reli-
gion and Church of Almighty God, and to deserve -
well of the Christian commonwealth. And more
especially we cannot but gratulate and rejoice in this
one point, that it hath pleased God to make us the
instrument, and, as it were, the corner-stone, to unite
these two mighty and warlike nations of England
and Scotland into one kingdom. For although these
two nations are situate upon the continent of one
island, and are undivided either by seas or moun- .
tains, or by diversity of language; and although our
neighbour kingdoms of Spain and France have
already had the happiness to be re-united in the
several members of those kingdoms formerly dis-
joined: yet ‘in this island it appeareth not in the
records of any true history, no nor scarcely in the
conceit of any fabulous narration or tradition, that
this whole island of Great Britain was ever united
under. one sovereign prince before this day. Which
as we cannot but take as a singular honour and
_ favour of God unto ourselves; so we may conceive
good hope that the kingdoms of Christendom stand-

HIS MAJESTY’S FIRST COMING IN. 175

ing distributed and counterpoised, as by. this last
union they now are, it will be a foundation of the
universal peace of all Christian princes; and that
now the strife that shall remain between them, shall
be but an emulation who shall govern best, and most _
to the weal and good of his people.

Another great cause of our just rejoicing is, the
assured hope that we conceive, that whereas our
kingdom of Ireland hath been so long time torn and
afflicted with the miseries of wars, the making and
- prosecuting of which wars hath cost such an infinite
deal of blood and treasure of our realm of England
to be spilt and consumed thereupon; we shall be
able, through God’s favour and assistance, to put a
speedy and an honourable end to those wars. And
_ itis our princely design and full purpose and resolu-
tion, not only to reduce that nation from their rebel-
lion and revolt, but also to reclaim them from their
barbarous manners to justice and the fear of God;
and to populate, plant, and make civil all the pro-
vinces in that kingdom: which also being an action
that not any of our noble progenitors, kings of Eng-
land, hath ever had the happiness throughly to prose-
cute and accomplish, we take so much to heart, as we
are persuaded it is one of the chief causes, for the
which God hath brought us to the imperial crown of
these kingdoms.

Further, we cannot but take great comfort in the
state and correspondence which we now stand in of
peace and unity with all Christian princes, and other-
_ wise, of quietness and obedience of our own people at

176 A PROCLAMATION DRAWN FOR

home: whereby we shall not need to expose that our
kingdom of England to any quarrel or war, but rather
have occasion to preserve them in peace and tranquil-
lity, and openness of trade with all foreign nations.
Lastly and principally, we cannot but take un-
speakable comfort in the great and wonderful con-
sent and unity, joy and alacrity, wherewith our loving
subjects of our kingdom of England have received
and acknowledged us their natural and lawful king
and governor, according to our most clear and un-
doubted right, in so quiet and settled manner, as, if
we had been long ago declared and established suc-
cessor, and had taken all men’s oaths and homages,
greater and more perfect unity and readiness could
not have been. For considering with ourselves, that
notwithstanding difference of religion, or any other
faction, and notwithstanding our absence so far off,
and notwithstanding the sparing and reserved com-
municating of one another’s minds; yet all our loving
subjects met in one thought and voice, without any
the least disturbance or interruption, yea, hesitation
or doubtfulness, or any shew thereof; we cannot but
acknowledge it is a great work of God, who hath an
immediate and extraordinary direction in the dispos-
ing of kingdoms and flows of people’s hearts. |
Wherefore, after our most humble and devout
thanks to Almighty God, by whom kings reign, who
hath established us king and governor of these king-
doms; we return our hearty and affectionate thanks
unto the lords spiritual and temporal, the knights and
gentlemen, the cities and towns, and generally unto

HIS MAJESTY’S FIRST COMING IN. 177

our commons, and all estates and degrees of that our
kingdom of England, for their so acceptable first-fruits
of their obedience and loyalties offered and performed
in our absence ; much commending the great wisdom,
courage, and watchfulness used by the peers of that
our kingdom, according to the nobility of their bloods
and lineages, many of them mingled with the blood
royal; and therefore in nature affectionate to their
rightful king; and likewise of the counsellors of the
late queen, according to their gravity and oath, and
the spirit of their good mistress, now a glorious saint
in heaven, in carrying and ordering our affairs with
that fidelity, moderation, and consent, which in them
hath well appeared: and also the great readiness,
concord, and cheerfulness in the principal knights
and gentlemen of several counties, with the head offi-

cers of great cities, corporations, and towns: and do

take knowledge by name of the readiness and good
zeal of that our chiefest and most famous city, the
city of London, the chamber of that our kingdom:
assuring them, that we will be unto that city, by all
means of confirming and increasing their happy and
wealthy estate, not only a just and gracious sovereign
lord and king, but a special and bountiful patron and
benefactor.

And we on our part, as well in remuneration of all
their loyal and loving affections, as in discharge of
our princely office, do promise and assure them, that
as all manner of estates have concurred and consented
in their duty and zeal towards us, so it shall be our
continual care and resolution to preserve and main-

VOL. VII. N .

178 A PROCLAMATION, &c.

tain every several estate in a happy and flourishing
condition, without confusion or over-growing of any
one to the prejudice, discontentment, or discourage-

ment of the rest : and generally in all estates we hope ©

God will strengthen and assist us, not only to extir-
pate all gross and notorious abuses, aid corruptions,
of simonies, briberies, extortions, exactions, oppres-
sions, vexations, burthensome payments, and over-
charges, and the like; but further to extend our
princely care to the supply of the very neglects and
omissions of any thing that may tend to the good of

our people. So that every place and service that is °

fit for the honour or good of the commonwealth shall
be filled, and no man’s virtue left idle, unimployed,
or unrewarded ; and every good ordinance and con-
stitution, for the amendment of the estate and times,
be revived and put in execution.

In the mean time, minding by God’s leave, all
delay set apart, to comfort and secure our loving sub-
jects in our kingdom of England by our personal
presence there, we require all our loving subjects
joyfully to expect the same: and yet so, as we signify
our will and pleasure to be, that all such ceremonies
and preparations as shall be made and used to do us
honour, or to express gratulation, be rather comely
and orderly, than sumptuous and glorious; and for
the expressing of magnificence, that it be rather em-
ployed and bestowed upon the funeral of the late
queen, to whose memory, we are of opinion, too much
honour cannot be done or performed.

rapa tte

A DRAUGHT OF A PROCLAMATION TOUCHING
HIS MAJESTY’S STILE. |

2° JACOBI. [PREPARED, NOT USED.]

As it is a manifest token, or rather a substantial
effect, of the wrath and indignation of God, when
kingdoms are rent and divided, which have formerly
been entire and united under one monarch and go-
vernor ; so, on the contrary part, when it shall please
the Almighty, by whom kings reign as his deputies
and lieutenants, to enlarge his commissions of empire
and sovereignty, and to commit those nations to one
king to govern, which he hath formerly committed to
several kings, it is an evident argument of his great
favour both upon king and upon people; upon the
king, inasmuch as he may with comfort conceive that
he is one of those servants to whom it was said,
* Thou hast been faithful in the less, I will make
thee lord of more ;” upon the people, because the
greatness of kingdoms and dominions, especially not
being scattered, but adjacent and compact, doth ever
bring with it greater security from outward enemies,
and greater freedom from inward burdens, unto both
which people under petty and weak estates are more
exposed; which so happy fruit of the union of king-
_doms is chiefly to be understood, when such conjunc-
tion or augmentation is not wrought by conquest

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180 A DRAUGHT OF A PROCLAMATION

and violence, or by pact and submission, but by the
law of nature and hereditary descent. For in con-
quest it is commonly seen, although the bulk and
quantity of territory be increased, yet the strength
of kingdoms is diminished, as well by the wasting
of the forces of both parts in the conflict, as by
the evil coherence of the nation conquering and _
conquered, the one being apt to be insolent, and the
other discontent ; and so both full of jealousies and
discord. And where countries are annexed only by
act of estates and submissions, such submissions are
commonly grounded upon fear, which is no good au-
thor of continuance, besides the quarrels and revolts
which do ensue upon conditional and articulate sub-
jections: but when the lines of two kingdoms do
meet in the person of one monarch, as in a true point —
or perfect angle; and that from marriage, which is
the first conjunction in human society, there shall
proceed one inheritor in blood to several kingdoms,
whereby they are actually united and incorporate
under one head; it is the work of God and nature,
whereunto the works of force and policy cannot
attain; and it is that which hath not in itself any
manner of seeds of discord or disunion, other than
such as envy and malignity shall sow, and which —

groundeth an union, not only indissoluble, but also —

most comfortable and happy amongst the people.
We therefore in all humbleness acknowledge,
that it is the great and blessed work of Almighty
God, that these two ancient and mighty realms of —
England and Scotland, which by nature have no

TOUCHING HIS MAJESTY’S STILE. 181

- true but an imaginary separation, being both situate
and comprehended in one most famous and renowned
island of Great-Britany, compassed by the ocean,

without any mountains, seas, or other boundaries of
nature, to make any partition, wall, or trench, be-

tween them, and being also exempted from the first

- curse of disunion, which was the confusion of tongues,

and being people of a like constitution of mind and
body, especially in warlike prowess and disposition :
and yet nevertheless have in so many ages been
disjoined under several kings and governors, are now
at the last, by right inherent in the commixture of
our blood, united in our person and generation ;
wherein it hath pleased God to anoint us with the

oil of gladness and gratulation above our progenitors,

kings of either nation. Neither can we sufficiently

contemplate and behold the passages, degrees, and

insinuations, whereby it hath pleased the eternal
God, to whom all his works are from the beginning
known and present, to open and prepare a way to
this excellent work ; having first ordained that both
nations should be knit in one true and reformed reli-
gion, which is the perfectest band of all unity and
union ; and secondly, that there should precede so
long a peace continued between the nations for so
many years last past, whereby all seeds and sparks

of ancient discord have been laid asleep, and grown

to an obliteration and oblivion ; and lastly, that our-
selves, in the true measure of our affections, should
have so just cause to embrace both nations with equal .
and indifferent love and inclination, inasmuch as our

182 A DRAUGHT OF A PROCLAMATION y

birth and the passing of the first part of our age hath
been in the one nation, and our principal seat and
mansion, and the passing of the latter part of our
days is like to be in the other. Which our equal
and upright holding of the balance between both
nations, being the highest point of all others in our
distributive justice, we give the world to know, that -
we are constantly resolved to preserve inviolate
against all emulations and partialities, not making
any difference at all between the subjects of either
nation, in affection, honours, favours, gifts, employ-
‘ments, confidences, or the like ; but only such as the
true distinctions of the persons, being capable or not
capable, fit or not fit, acquainted with affairs or not
acquainted with affairs, needing our princely bounty
or not needing the same, approved to us by our ex-
perience or not approved, meriting or not meriting,
and the several degrees of these and the like condi-
tions, shall in right reason tie us unto, without any
manner of regard to the country in itself; to the
end that they may well perceive, that in our mind
and apprehension they are all one and the same
nation: and that our heart is truly placed in the
centre of government, from whence all lines to the ©
circumference are equal and of one space and distance,

But for the further advancing and perfecting of
this work, we have taken into our princely care and.
cogitations, what it is that may appertain to our
own imperial power, right, and authority : and what
requireth votes and assents of our parliaments or
estates; and again, what may presently be done,

TOUCHING HIS MAJESTY’S STILE. 183

and what must be left to further time, that our pro-
ceeding may be void of all inconvenience and infor-
mality ; wherein by the example of Almighty God,
who is accustomed to begin all his great works and
designments by alterations or impositions of names,
as the fittest means to imprint in the hearts of people
a character and expectation of that which is to
follow ; we have thought good to withdraw and
discontinue the divided names of England and Scot-
land out of our regal stile and title, and to use in
place of them the common and contracted name of
Great Britany: not upon any vain-glory, whereof,
we persuade ourselves, our actions do sufficiently
free us in the judgment of all the world; and if any
such humour should reign in us, it were better satis-
‘fied by length of stile and enumeration of kingdoms :
but only as a fit signification of that which is already
done, and a significant prefiguration of that which
we further intend. For as in giving names to na-
tural persons, it is used to impose them in infancy,
and not to stay till fulness of growth ; so it seemed
to us not unseasonable to bring in further use this
name at the first, and to proceed to the more sub-
stantial points of the union after, as fast and as far
as the common good of both the realms should per-
mit, especially considering the name of Britany was
no coined, or new-devised, or affected name at plea-
sure, but the true and ancient name which God and
time hath imposed, extant, and received in histories,
in cards, and in ordinary speech and writing, where
the whole island is meant to be denominate ; so as it

184 A DRAUGHT OF A PROCLAMATION

is not accompanied with so much as any strangeness
incommon speech. And although we never doubted,
neither ever heard that any other presumed to doubt, |
but that the form and tenor of our regal stile and
title, and the delineation of the same, did only and
wholly of mere right appertain’ to our supreme and
absolute prerogative to express the same in such
words or sort, as seemed good to our royal pleasure:
yet because we were to have the advice and assent
of our parliament concerning other points of the
union, we were pleased our said parliament should,
amongst the rest, take also the same into their con-
sideration. But finding by the grave opinion of —
our judges, who are the interpreters of our laws,
that, in case that alteration of stile, which seemed
to us but verbal, should be established and enacted
by parliament, it might involve, by implication and
consequence, not only a more present alteration, but
also a further innovation than we any ways intended ;
or at least might be subject to some colourable
scruple of such a perilous construction: we rested
well satisfied to respite the same, as to require it by
act of parliament. But being still resolved and
fixed that it may conduce towards this happy end
of the better uniting of the nations, we have thought
good by the advice of our council to take the same
upon us by our proclamation, being a course safe
and free from any of the perils or scruples aforesaid.
And therefore we do by these presents publish, pro-
claim, and assume to ourselves from henceforth, ac-
cording to our undoubted right, the stile and title

|

TOUCHING HIS MAJESTY’S STILE. 185

of King of Great Britany, France, and Ireland, and
otherwise as followeth in our stile formerly used. .
And we do hereby straitly charge and command
our chancellor, and all such as have the custody of
any of our seals; and all other our officers and sub-
jects whatsoever, to whom it may in any wise ap-
pertain, that from henceforth in all commissions,
patents, writs, processes, grants, records, instru-
ments, impressions, sermons, and all other writings
and speeches whatsoever, wherein our stile is used
to be set forth or recited, that our said stile, as is
before by these presents declared and prescribed, be
only used, and no other. And because we do but
now declare that which in truth was before, our will
and pleasure is, that in the computation of our reign,
as to all writings or instruments hereafter to be
made, the same computation be taken and made, as
if we had taken upon us the stile aforesaid immedi-
ately after the decease of our late dear sister. And
we do notify to all our subjects, that if any person,
of what degree or condition soever he be, shall im-
pugn our said stile, or derogate and detract from
the same by any arguments, speeches, words, or
otherwise; we shall proceed against him, as against
an offender against our crown and dignity, and a dis-
turber of the quiet and peace of our kingdom, accord-
ing to the utmost severity of our laws in that behalf.
Nevertheless, our meaning is not, that where in any
writ, pleading, or other record, writing, instrument
of speech, it hath been used for mention to be made

186 A DRAUGHT OF A PROCLAMATION, &c.

of England or the realm of England, or any other
word or words derived from the same, and not of our
whole and entire stile and title; that therein any
alteration at all be used by pretext of this our pro-
clamation, which we intend to take place only where
our whole stile shall be recited, and not otherwise ;
and in the other cases the ancient form to be used
and observed.

>

PHYSIOLOGICAL REMAINS:

Inquisitions touching the compounding of metals.

To make proof of the incorporation of iron with
flint, or other stone. For if it can be incorporated
without over-great charge, or other incommodity,
the cheapness of the flint or stone doth make the
compound stuff profitable for divers uses. The
doubts may be three in number. |

First, Whether they will incorporate at all, other-
wise than to a body that will not hold well toge-
ther, but become brittle and uneven ?.

Secondly, Although it should incorporate well,
yet whether the stuff will not be so stubborn as it
will not work well with a hammer, whereby the
charge in working will overthrow the cheapness of
the material ?

Thirdly, Whether they will incorporate, except
the iron and stone be first calcined into powder ?
And if not, whether the charge of the calcination
will not eat out the cheapness of the material ?

The uses are most probable to be; first for the
implements of the kitchen ; as spits, ranges, cobirons,

pots, etc. then for the wars, as ordnance, portcullises,
grates, chains, ete.

sd

Note; the finer works of iron are not so proba-
ble to be served with such a stuff; as locks, clocks,

188 PHYSIOLOGICAL REMAINS.

small chains, etc. because the stuff is not like to be
tough enough.

For the better use, in comparison of iron, it is
like the stuff will be far lighter: for the weight of
iron to flint is double and a third part; and, se-
condly, it is like to rust not so easily, but to be more
clean.

The ways of trial are two: first, by the iron and
stone of themselves, wherein it must be inquired,
what are the stones that do easiliest melt. Secondly,
with an additament, wherein brimstone is approved
to help to the melting of iron or steel. But then it
must be considered, whether the charge of the addi-
tament will not destroy the profit.

It must be known also, what proportion of the
stone the iron will receive to incorporate well with
it, and that with once melting ; for if either the pro-
portion be too small, or that it cannot be received
but piece-meal by several meltings, the work cannot
be of value.

To make proof of the incorporating of iron and
brass. For the cheapness of the iron in comparison
of the brass, if the uses may be served, doth promise
profit. The doubt will be touching their incorpo-
rating ; for that it is approved, that iron will not in-
corporate, neither with brass nor other metals, of ~
itself, by simple fire: so as the inquiry must be upon
the calcination, and the additament, and the charge
of them. 7

The uses will be for such things as are now made
of brass, and might be as well served by the com-

PHYSIOLOGICAL REMAINS. 189

pound stuff; wherein the doubts will be chiefly of
the toughness, and of the beauty.

First, therefore, if brass ordnance could be made
of the compound stuff, in respect of the cheapness of
the iron, it would be of great use.

The vantage which brass ordnance hath over iron,
is chiefly, as I suppose, because it will hold the blow,
though it be driven far thinner than the iron can be;
whereby it saveth both in the quantity of the ma-
terial, and in the charge and commodity of mount-
ing and carriage, in regard, by reason of the
thinness, it beareth much less weight: there may
be also somewhat in being not so easily over-
heated.

Secondly, for the beauty. Those things wherein
the beauty or lustre are esteemed, are andirons, and
all manner of images, and statues, and columns, and
tombs, and the like. So as the doubt will be double
for the beauty; the one, whether the colour will
please so well, because it will not be so like gold as
brass ? The other, whether it will polish so well?
Wherein for the latter it is probable it will ; for steel
glosses are more resplendent than the like plates of

brass would be ; and so is the glittering of a blade.

And besides, I take it, andiron brass, which they
call white brass, hath some mixture of tin to help
the lustre. And for the golden colour, it may be
by some small mixture of orpiment, such as they
use to brass in the yellow alchemy; it will easily
recover that which the iron loseth. Of this the eye

must be the judge upon proof made.

190 PHYSIOLOGICAL REMAINS.

But now for pans, pots, curfews, counters, and
the like, the beauty will not be so much respected,
so as the compound stuff is like to pass.

For the better use of the compound stuff, it will
be sweeter and cleaner than brass alone, which
yieldeth a smell or soiliness; and therefore may be
better for the vessels of the kitchen and brewing. It
will also be harder than brass, where hardness may
be required, »

For the trial, the doubts will be two: first; the
over-weight of brass towards iron, which will make
iron float on the top in the melting. This perhaps
will be holpen with the calaminar stone, which con-
senteth so well with brass, and, as I take it, is lighter
than iron. The other doubt will be the stiffness
and dryness of iron to melt ; which must be holpen
either by moistening the iron, or opening it. For
the first, perhaps some mixture of lead will help.
Which is as much more liquid than brass, as iron is
less liquid. The opening may be holpen by some
mixture of sulphur: so as the trials would be with
brass, iron, calaminar stone, and sulphur; and then
again with the same composition, and an addition
of some lead; and in all this the charge must be
considered, whether it eat not out the profit of the
cheapness of iron ? .

There be two proofs to be made of incorporation
of metals for magnificence and delicacy. The one
for the eye, and the other for the ear. Statue-
metal, and bell-metal, and trumpet-metal, and string-
metal; in all these, though the mixture of brass or

PHYSIOLOGICAL REMAINS. 191

copper should be dearer than the brass itself, yet the
pleasure will advance the price to profit.

First therefore for statue-metal, see Pliny’s mix-
tures, which are almost forgotten, and consider the
charge.

Try likewise the mixture of tin in large propor-
tion with copper, and observe the colour and beauty,
it being polished. But chiefly let proof be made of
the incorporating of copper or brass with glass-
metal, for that is cheap, and is ls to add a great
glory and shining.

For bell-metal. First, it is to be known what
is the composition which is now in use. Secondly, it
is probable that it is the dryness of the metal that
doth help the clearness of the sound, and the moist-

‘ness that dulleth it; and therefore the mixtures that

are probable, are steel, tin, glass-metal.

For string-metal, or trumpet-metal, it is the
same reason ; save that glass-metal may not be used,
because it will make it too brittle; and trial may
be made with mixture of silver, it being but a deli-
cacy, with iron or brass,

To make proof of the incorporation of silver and
tin in equal quantity, or with two parts silver and
one part tin, and to observe whether it be of equal
beauty and lustre with pure silver; and also whe-
ther it yield no soiliness more than silver ? And again,
whether it will endure the ordinary fire which
belongeth to chafing-dishes, posnets, and such other
silver vessels ? And if it do not endure the fire, yet
whether by some mixture of iron it may not be made

192 PHYSIOLOGICAL REMAINS.

more fixt ? For if it be in beauty and all the uses”

aforesaid equal to silver, it were a thing of singular
profit to the state, and to all particular persons, to
change silver plate or vessel into the compound stuff,
being a kind of silver electre, and to turn the rest
into coin. It may be also questioned, whether the
compound stuff will receive gilding as well as silver,
and with equal lustre? It is to be noted, that the
common allay of silver coin is brass, which doth dis-
colour more, and is not so neat as tin.

The drownings of metals within other metals, in
such sort as they can never rise again, is a thing of
great*profit. For if a quantity of silver can be so
buried in gold, as it will never be reduced again,
neither by fire, nor parting waters, nor otherways :

and also that it serves all uses as well as pure gold, it-

isin effect all one as if so much silver were turned into
gold; only the weight will discover it; yet that
taketh off but half of the profit; for gold is not fully
double weight to silver, but gold is twelve times
price to silver.

The burial must be by one of these two ways,
either by the smallness of the proportion, as perhaps
fifty to one, which will be but six-pence gains in
fifty shillings; or it must be holpen by somewhat
which may fix the silver, never to be restored or
vapoured away, when it Is incorporated into such a
mass of gold; for the less quantity is ever the
harder to sever: and for this purpose iron is the
likest, or coppel stuff, upon which the fire hath no
power of consumption.

PHYSIOLOGICAL REMAINS. 193

The making of gold seemeth a thing scarcely
possible ; because gold is the heaviest of metals, and
to add matter is impossible: and again, to drive
metals into a narrower room than their natural
extent beareth, is a condensation hardly to be ex-
pected. But to make silver seemeth more easy,
because both quicksilver and lead are weightier than
silver ; so as there needeth only fixing, and not con-
densing. The degree unto this that is already
known, is infusing of quicksilver in a parchment, or
otherwise, in the midst of molten lead when it cooleth;
for this stupifieth the quicksilver that it runneth no
more. This trial is to be advanced three ways,
First, by iterating the melting of the lead, to see
whether it will not make the quicksilver harder and
harder. Secondly, to put realgar hot into the midst
of the quicksilver, whereby it may be condensed, as
well from within as without. Thirdly, to try it
in the midst of molten iron, or molten steel, which
is a body more likely to fix the quicksilver than
lead. It may be also tried, by incorporating powder
of steel, or coppel dust, by pouncing, into the quick-
silver, and so to proceed to the stupifying.

Upon glass four things would be put in proof.
The first, means to make the glass more crystalline.
The second, to make it more strong for falls, and
for fire, though it come not to the degree to be
malleable. The third, to make it coloured by tine-
tures, comparable to or exceeding precious stones.
The fourth, to make a compound body of glass and
galletyle; that is, to have the colour milky like a

VOL, VII. )

194 PHYSIOLOGICAL REMAINS,

chalcedon, being a stuff between a porcelane and
a glass.

For the first, it 1s good first to know exactly the
several materials whereof the glass in use is made;
window-glass, Normandy and Burgundy, ale-house
glass, English drinking-glass: and then thereupon
to consider what the reason is of the coarseness or
clearness ; and from thence to rise to a consideration
how to make some additaments to the coarser ma-
terials, to raise them to the whiteness and crystalline
splendor of the finest.

For the second, we see pebbles, and. some other
stones, will cut as fine as crystal, which if they will
melt, may be a mixture for glass, and may make it
more tough and more crystalline. Besides, we see
metals will vitrify ; and perhaps some portion of
the glass of metal vitrified, mixed in the pot of
ordinary glass-metal, will make the whole mass
more tough.

For the third, it were good to have of coloured
window-glass, such as is coloured in the pot, and not
by colours——

It is to be known of what stuff galletyle is made,
and how the colours in it are varied ; and thereupon

to consider how to make the mixture of glass-metal
and them, whereof I have seen the example.
Inquire what be the stones that do easiliest melt.
Of them take half a pound, and of iron a pound and
half, and an ounce of brimstone, and see whether
they will incorporate, being whole, with a strong
fire. If not, try the same quantities calcined: and

PHYSIOLOGICAL REMAINS, 195

if they will incorporate, make a plate of them, and
burnish it as they do iron.

Take a pound and a half of brass, and half a
pound of iron; two ounces of the calaminar stone,
an ounce and a half of brimstone, an ounce of lead ;
calcine them, and see what body they make; and if
they incorporate, make a plate of it burnished.

Take of copper an ounce and a half, of tin an
ounce, and melt them together, and make a plate of
them burnished. _ |

_ Take of copper an ounce and a half, of tin an
ounce, of glass-metal half an ounce; stir them well
in the boiling, and if they incorporate, make a plate
of them burnished.

Take of copper a pound and a half, tin four
ounces, brass two ounces; make a plate of them
burnished.

Take of silver two ounces, tin half an ounce ;
make a little say-cup of it, and burnish it.

To inquire of the materials of every of the kind
of glasses, coarser and finer, and of the proportions.

Take an equal quantity of glass-metal, of stone
calcined, and bring a pattern.

Take an ounce of vitrified metal, and a pound of
ordinary glass-metal, and see whether they will in-
corporate, and bring a pattern.

Bring examples of all coloured glasses, and learn
the ingredients whereby they are coloured.

Inquire of the substance of galletyle.

ARTICLES OF QUESTIONS TOUCHING MINERALS.
THE LORD BACON’S QUESTIONS, WITH
DR. MEVEREL’S SOLUTIONS.

Concerning the compounding, incorporating, or union of
metals or minerals. Which subject is the first letter
of his Lordship’s Alphabet.

Wirtn what metals gold will incorporate by simple
colliquefaction, and with what not? And in what
quantity it will incorporate ; and what kind of body
the compound makes ?

Gold with silver, which was the ancient “ elec-
trum :” gold with quicksilver: gold with lead: gold
with copper : gold with brass: gold withiron: gold
with tin.

So likewise of silver: silver with quicksilver :
silver with lead: silver with copper: silver with
brass: silver with iron: “ Plinius secund. lib. xxxiii.
9. Miscuit denario triumvir Antonius ferrum,”
silver with tin.

So likewise of quicksilver: quicksilver with lead :
quicksilver with copper: quicksilver with brass:
quicksilver withiron: quicksilver with tin.

So of lead: lead with copper: lead with brass:
lead with iron: lead with tin. “ Plin. xxxiv. 9.”

So of copper: copper with brass: copper with
iron: copper with tin.

PHYSIOLOGICAL REMAINS. 197

So of brass: brass with iron: brass with tin.

So of iron: iron with tin.

What be the compound metals that are common
and known? And what are the proportions of their
mixtures? As,

Latten of brass, and the calaminar stone.

Pewter of tin and lead.

Bell-metal of etc. and the counterfeit plate, which
they call alchemy.

The decomposites of three metals or more, are
too long to inquire of, except there be some compo-
sitions of them already observed.

It is also to be observed, whether any two metals,
which will not mingle of themselves, will mingle
with the help of another; and what.

What compounds will be made of metal with
stone and other fossils; as latten is made with brass
and the calaminar stone; as all the metals incor-
porate with vitriol; all with iron powdered ; all with
flint, etc.

Some few of these would be inquired of, to dis-
close the nature of the rest.

Whether metals or other fossils will incorporate
with molten glass, and what body it makes ?

The quantity in the mixture would be well
considered ; for some small quantity perhaps will
incorporate, as in the allays of gold and silver coin.

Upon the compound body, three things are chiefly
to be observed : the colour; the fragility or pliant-

ness; the volatility or fixation, compared with the

simple bodies.

198 PHYSIOLOGICAL REMAINS.

For present use or profit, this is the rule: con-
sider the price of the two simple bodies; consider
again the dignity of the one above the other in use;
then see if you can make a compound, that will save
more in price, than it will lose in dignity of the use.

_As for example; consider the price of brass ord-
nance; consider again the price of iron ordnance,
and then consider wherein the brass ordnance doth
excel the iron ordnance in use; then if you can make
a compound of brass and iron that will be near as
good in use, and much cheaper in price, then there
is profit both to the private and the commonwealth.
So of gold and silver, the price is double of twelve :
the dignity of gold above silver is not much, the
splendour is alike, and more pleasing to some eyes,
as in cloth of silver, silver rapiers, ete. The main
dignity is, that gold bears the fire, which silver doth
not: but that is an excellency in nature, but it is
nothing at all in use; for any dignity in use | know
none, but that silvering will sully and canker more
than gilding ; which if it might be corrected with a
little mixture of gold, there is profit : and I do some-
what marvel that the latter ages have lost the ancient
“electrum,” which was a mixture of silver with gold:
whereof I conceive there may be much use, both in
coin, plate, and gilding.

It is to be noted, that there is in the version of |
metals impossibility, or at least great difficulty, as
in making of gold, silver, copper. On the other
side, in the adulterating or counterfeiting of metals,
there is deceit and villany. But it should seem there

PHYSIOLOGICAL REMAINS. 199

is a middle way, and that is by new compounds, if
the ways of incorporating were well known.

What incorporation or imbibition metals will re-
ceive from vegetables, without being dissolved in
their substance : as when the armourers make their
steel more tough and pliant, by aspersion of water
or juice of herbs; when gold being grown some-
what churlish by recovering, is made more pliant
by throwing in shreds of tanned leather, or by leather
oiled.

Note, that in these and the like shews of imbibt-
tion, it were good to try by the weights, whether
the weight be increased, or no ; for if it be not, it is
to be doubted that there is no imbibition of substance,
but only that the application of that other body doth
dispose and invite the metal to another posture of
parts, than of itself it would have taken.

After the incorporation of metals by simple colli-
quefaction, for the better discovery of the nature
and consents and dissents of metals, it would be
likewise tried by incorporating of their dissolutions.
What metals being dissolved in strong waters will
incorporate well together, and what not? Which
is to be inquired particularly, as it was in collique-
factions.

There is to be observed in those dissolutions which
will not easily incorporate, what the effects are: as

the bullition ; the precipitation to the bottom; the

ejaculation towards the top ; the suspension in. the
midst; and the like.
Note, that the dissents of the menstrual or strong

200 PHYSIOLOGICAL REMAINS.

waters may hinder the incorporation, as well as the
dissents of the metals themselves; therefore where
the “ menstrua” are the same, and yet the incorpo-
ration followeth not, you may conclude the dissent
is in the metals; but where the “ menstrua” are
several, not so certain.

Dr. Meverel’s answers to the foregoing questions, con-
cerning the compounding, incorporating, or union of
metals and minerals.

Gotp will incorporate with silver in any pro-
portion. . “ Plin. lib. xxxiii. cap. 4. Omni auro
inest argentum vario pondere ; alibi dena, alibi nona,
alibi octava parte—Ubicunque quinta argenti portio
invenitur, electrum vocatur.” The body remains fixt,
solid, and coloured, according to the proportion of
the two metals.

Gold with quicksilver easily mixeth, but the pro-
duct is imperfectly fixed ; and s so are all other metals
incorporate with mercury.

Gold incorporates with lead in any proportion.

Gold incorporates with copper in any proportion,
the common allay.

Gold incorporates with brass in any proportion.
And what is said of copper is true of brass, in the
union of other metals.

Gold will not incorporate with iron.

Gold incorporates with tin, the ancient allay,
Isa, I. 25.

What was said of gold and quicksilver, may be
said of quicksilver and the rest of metals.

PHYSIOLOGICAL REMAINS. 201

Silver with lead in any proportion.

Silver incorporates with copper. Pliny mentions
such a mixture for “triumphales statue, lib. xxxiil.
9. Miscentur argento, tertia pars eris Cyprii
tenuissimi, quod coronarium vocant, et sulphuris vivi
quantum argenti.” The same is true of brass.

Silver incorporates not with iron. Wherefore I
wonder at that which Pliny hath, “ lib. xxxiui. 9,
Miscuit denario triumvir Antonius ferrum.” And
what is said of this is true in the rest; for iron in-
corporateth with none of them.

Silver mixes with tin.

Lead incorporates with copper. Such a mixture
was the pot-metal whereof Pliny speaks, “ lib. xxxiv.
9. Ternis aut quaternis libris plumbi argentarii
in centenas eris additis.”

Lead incorporates with tin. The mixture of these
two in equal proportions, is that which was anciently
called “ plumbum argentarium, Plin. lib. xxxiv. 17.”

Copper incorporates with tin. Of such a mix-
ture were the mirrors of the Romans. “ Plin. Atque
ut omnia de speculis peragantur hoc loco, optima

apud majores erant Brundusina, stanno et ere mistis.
Lib. xxxiil. 9.”

Compound metals now in use.

1. Fine tin. The mixture is thus: pure tin a

thousand pounds, temper fifty pounds, glass of tin
three pounds,

2. Coarse pewter is made of fine tin and lead.

202 PHYSIGLOGICAL REMAINS.

Temper is thus made: the dross of pure tin, four
pounds and a half; copper, half a pound.

3. Brass is made of copper and “ calaminaris.”

4. Bell-metal. Copper, a thousand pounds; tin,
from three hundred to two hundred pounds; brass,
a hundred and fifty pounds.

5. Pot-metal, copper and lead.

6. White alchemy is made of pan-brass one
pound, and “ arsenicum” three ounces.

7. Red alchemy is made of copper and auripig-
ment. |

There be divers imperfect minerals, which will
incorporate with the metals: being indeed metals —
inwardly, but clothed with earth and stones: as
“ pyritis, calaminaris, misy, chalcitis, sory, vitriolum.”

Metals incorporate not with glass, except they
be brought into the form of glass.

Metals dissolved. The dissolution of gold and
silver disagree, so that in their mixture there is great
ebullition, darkness, and in the end a precipitation of
a black powder.

The mixture of gold and mercury agree.

Gold agrees withiron. Ina word, the dissolution
of mercury and iron agree with all the rest.

Silver and copper disagree, and so do silver and
lead. Silver and tin agree.

The second letter of the cross-row, touching the separa-
tion of metals and minerals.

SEPARATION is of three sorts; the first is, fhe

PHYSIOLOGICAL REMAINS. 203

separating of the pure metal from the ore or dross,
which we call refining. The second is, the drawing
one metal or mineral out of another, which we call
extracting. The third is, the separating of any
metal into its original or ‘‘ materia prima,” or ele-
ment, or call them what you will; which work we
will call principiation.

1. For refining, we are to inquire of it according
to the several metals; as gold, silver, etc. Inciden-
tally we are to inquire of the first stone, or ore, or
spar, or marcasite of metals severally, and what kind
of bodies they are, and of the degrees of richness.
Also we are to inquire of the means of separating,
whether by fire, parting waters, or otherwise. Also
for the manner of refining, you are to see how you
can multiply the heat, or hasten the opening, and so
save the charge in the fining.

The means of this in three manners; that is to
say, in the blast of the fire; in the manner of the
furnace, to multiply heat by union and reflexion;
and by some additament, or medicines which will
help the bodies to open them the sooner.

Note, the quickning of the blast, and the multi-
plying of the heat in the furnace, may be the same
for all metals; but the additaments must be several,
according to the nature of the metals. Note again,
that if you think that multiplying of the additaments
in the same proportion that you multiply the ore,
the. work will follow, you may be deceived: for
quantity in the passive will add more resistance, than
the same quantity in the active will add force.

204 PHYSIOLOGICAL REMAINS.

2. For extracting, you are to inquire what metals
contain others, and likewise what not ; as lead, silver ;
copper, silver, etc.

Note, although the charge of extraction should

exceed the worth, yet that is not the matter: for at
least it will discover nature and possibility, the other
may be thought on afterwards.
We are likewise to inquire, what the differences
are of those metals which contain more or less other
metals, and how that agrees with the poorness or
richness of the metals or ore in themselves. As the
lead that contains most silver is accounted to be more
brittle, and yet otherwise poorer in itself.

3. For principiation, I cannot affirm whether
there be any such thing or not ; and I think the che-
mists make too much ado about it: but howsoever it
be, be it solution or extraction, or a kind of conver-
sion by the fire; it is diligently to be inquired what
salts, sulphur, vitriol, mercury, or the like simple
bodies are to be found in the several metals, and in
what quantity.

Dr. Meverel’s answers to the foregoing questions, touch- —
ing the separations of metals and minerals.

1. For the means of separating. After that the
ore is washed, or cleansed from the earth, there is
nothing simply necessary, save only a wind furnace
well framed, narrow above and at the hearth, in shape
oval, sufficiently fed with charcoal and ore, in con-
venient proportions. |

For additions in this first separation, I have ob-

|

|
|
|

PHYSIOLOGICAL REMAINS. 905

served none; the dross the mineral brings being suf-
ficient. The refiners of iron observe, that that iron-
stone is hardest to melt which is fullest of metal, and

that easiest which hath most dross. But in lead and
_ tin the contrary is noted. Yet in melting of metals,

when they have been calcined formerly by fire, or
strong waters, there is good use of additaments, as
of borax, tartar, armoniac, and salt-petre.

2. In extracting of metals. Note, that lead and
tin contain silver. Lead and silver contain gold.
Iron contains brass. Silver is best separated from
lead by the test. So gold fromsilver. Yet the best
way for that is “ aqua regia.”

3. For principiation. I can truly and boldly
affirm, that there are no such principles as sal, sulphur,
and mercury, which can be separated from any per-
fect metals. For every part so separated, may easily
be reduced into perfect metal without substitution of
that, or those principles which chemists imagine to
be wanting. As suppose you take the salt of Jead;
this salt, or as some name it, sulphur, may be turned
into perfect lead, by melting it with the like quantity
of lead which contains principles only for itself.

I acknowledge that there is quicksilver and brim-
stone found in the imperfect minerals: but those are
nature’s remote materials, and not the chemist’s prin-
ciples. As if you dissolve antimony by “ aqua regia,”
there will be real brimstone swimming upon the
water: as appears by the colour of the iG when it
is burnt, and by the smell.

206 PHYSIOLOGICAL REMAINS.

The third letter of the cross-row, touching the variation
of metals into several shapes, bodies, or natures, the
particulars whereof follow.

Tincture: turning to rust: calcination; subli-
mation: precipitation: amalgamatizing, or turning
into a soft body: vitrification : opening or dissolving
into liquor: sproutings, or branchings, or arbores-
cents: induration and mollification: making tough
or brittle: volatility and fixation: transmutation, or
version.

For tincture : it is to be inquired how metal may
be tinged through and through, and with what, and
into what colours; as tinging silver yellow, tinging
copper white, and tinging red, green, blue; especially
with keeping the lustre.

Item, tincture of glasses.

Item, tincture of marble, flint, or other stone.

For turning into rust, two things are chiefly to be —
inquired ; by what corrosives it is done, and into
what colours it turns; as lead into white, which they
call “ ceruss;” iron into yellow, which they call
“crocus martis;” quicksilver into vermilion; brass
into green, which they call verdegrease.

For calcination ; how every metal is calcined, and
into what kind of body, and what is the exquisitest
way of calcination.

For sublimation; to inquire the manner of sublim-
ing, and what metals endure subliming, and what
body the sublimate makes.

PHYSIOLOGICAL REMAINS. - 907

For precipitation likewise ; by what strong water
every metal will precipitate, and with what addita-
ments, and in what time, and into what body.

So for amalgama; what metals will endure it,
what are the means to do it, and what is the manner
of the body.

For vitrification likewise ; what metals will endure
it, what are the means to do it, into what colour it
turns ; and farther, where the whole metal is turned
into glass, and where the metal doth but hang in the
glassy parts ; also what weight the vitrified body
bears, compared with the crude body; also because
vitrification is accounted a kind of death of metals,
what vitrification will admit of turning back again,
and what not.

For dissolution into liquor, we are to inquire what
is the proper “ menstruum” to dissolve any metal, and
in the negative, what will touch upon the one and not
upon the cther, and what several ‘‘ menstrua” will
dissolve any metal, and which most exactly. “ Item,”
the process or motion of the dissolution, the manner
of rising, boiling, vapouring more violent, or more
gentle,causing much heator less. “Item,” the quantity
or charge that the strong water will bear, and then
give over. “Item,” the colour into which the liquor
will turn. Above all, it is to be inquired, whether
there be any “ menstruum” to dissolve any metal
that is not fretting, or corroding; and openeth the
body by sympathy, and not by mordacity or violent
penetration.

For sprouting or branching, though it be a thing

208 PHYSIOLOGICAL REMAINS.

but transitory, and a kind of toy or pleasure, yet there
is a more serious use of it; for that it discovereth
the delicate motions of spirits, when they put forth
and cannot get forth, like unto that which is in vege-
tables.

For induration, or mollification ; it is to be in-
quired what will make metals harder and harder, and
what will make them softer and softer. And this
inquiry tendeth to two ends: first, for use; as to
make iron soft by the fire makes it malleable. Se-
condly, because induration is a degree towards fixa-
tion, and mollification towards volatility ; and there-
fore the inquiry of them will give light towards the
other.

For tough and brittle, they are much of the same
kind, but yet worthy of an inquiry apart, especially
to join hardness with toughness, as making glass
malleable, etc. and making blades strong to resist and
pierce, and yet not easy to break. 3

For volatility and fixation. It is a principal
branch to be inquired: the utmost degree of fixation
is that whereon no fire will work, nor strong water
joined with fire, if there be any such fixation possible,
The next is, when fire simply will not work without
strong waters. ‘The next is by the test. The next.
is when it will endure fire not blown, or such a
strength of fire. The next is when it will not endure,
but yet is malleable. The next is when it is not
malleable, but yet is not fluent, but stupified. So of
volatility, the utmost degree is when it will fly away
without returning. The next is when it will fly up,

PHYSIOLOGICAL REMAINS. 209

but with ease return. The next is when it will fly
upwards over the helm by a kind of exsufflation with-
out vapouring. The next is when it will melt though
not rise. ‘The nextis when it will soften though not
melt. Of all these diligent inquiry is to be made in
several metals, especially of the more extreme degrees.

For transmutation or versicn. If it be real and
true, it is the farthest part of art, and would be well
distinguished from extraction, from restitution, and
from adulteration, I hear much of turning iron into
copper; I hear also of the growth of lead in weight,
which cannot be without a conversion of some body
into lead: but whatsoever is of this kind, and well
expressed, is diligently to be inquired and set down.

6 9 . .
Dr. Meverel’s answers to the foregoing questions, con-
cerning the variation of metals and minerals.

1. For tinctures, there are none that I know,
but that rich variety which springs from mixture of
metals with metals, or imperfect minerals.

2. The imperfect metals are subject to rust, all
of them except mercury, which is made into ver-
milion by solution, or calcination. The rest are
rusted by any salt, sour, or acid water. Lead into
a white body called cerussa. Iron into a pale red
ealled ferrugo. Copper is turned into green,
named exrugo, xs viride. Tin into white: but
this is not in use, neither hath it obtained a name.

The Scriptures mention the rust of gold, but that
is in regard of the allay.

VOL. VII, E

210 PHYSIOLOGICAL KEMAINS.

3. Calcination. All metals may be calcined by
strong waters, or by admixtion of salt, sulphur, and
mercury. The imperfect metals may be calcined by
continuance of simple fire; iron thus calcined is
called crocus martis.

And this is their best way. Gold and silver are
best calcined by mercury. Their colour is grey.
Lead calcined is very red. Copper dusky red.

4. Metals are sublimed by joining them with
mercury orsalts. As silver with mercury, gold with
sal armoniac, mercury with vitriol.

5. Precipitation is, when any metal being dis-
solved into a strong water,.is beaten down into a
powder by salt water. The chiefest in this kind is
oil of tartar.

6. Amalgamation is the joining or mixing of
mercury with any other of the metals. The man-
ner is this in gold, the rest are answerable: take six
parts of mercury, make them hot in a crucible, and
pour them to one part of gold made red hot in
another crucible, stir these well together that they
may incorporate ; which done, cast the mass into cold
water and wash it. This is called the amalgama of
gold.

7. For vitrification. All the imperfect metals
may be turned by strong fire into glass, except mer-
cury ; iron into green; lead into yellow; brass into
blue; tin into pale yellow. For gold and silver, I
have not known them vitrified, except joined with
antimony. These glassy bodies may be reduced into
the form of mineral bodies.

PHYSIOLOGICAL REMAINS. 211

‘8. Dissolution. All metals without exception
may be dissolved.

(1.) Iron may be dissolved by any tart, salt, or
vitriolated water; yea, by common water, if it be
first calcined with sulphur. It dissolves in aqua
fortis, with great ebullition and heat, into a red
liquor, so red as blood.

(2.) Lead is fittest dissolved in vinegar, into a
pale yellow, making the vinegar very sweet.

(3.) Tin is best dissolved with distilled salt water.
It retains the colour of the menstruum. |

(4.) Copper dissolves as iron doth, in the same
liquor, into a blue.

(5.) Silver hath its proper menstruum, which is
aqua fortis. The colour is green, with great heat
and ebullition.

(6.) Gold is dissolved with aqua regia, into a
yellow liquor, with little heat or ebullition.

(7.) Mercury is dissolved with much heat and
boiling, into the same liquors which gold and silver
are. It alters not the colour of the menstruum.

Note. Strong waters may be charged with half
their weight of fixed metals, and equal of mercury ;
if the workman be skilful. |

9. Sprouting. This is an accident of dissolu-
tion. For if the menstruum be overcharged, then
within short time the metals will shoot into certain
crystals.

10. For induration, or mollification, they depend
upon the quantity of fixed mercury and sulphur. I

212 PHYSIOLOGICAL REMAINS.

have observed little of them, neither of toughness
nor brittleness.

11. The degrees of fixation and volatility I ac-
knowledge, except the two utmost, which never
were observed. |

12. The question of transmutation is very doubt-
ful. Wherefore I refer your honour to the fourth
tome of “ Theatrum Chymicum :” and there, to that
tract which is intitled “ Disquisitio Heliana ;” where
you shall find full satisfaction.

The fourth letter of the cross-row, touching restitution.

First, therefore, it is to be inquired in the nega-
tive, what bodies will never return, either by their
extreme fixings, as In some vitrifications, or by ex-
treme volatility.

It is also to be inquired of the two means of
reduction ; and first by the fire, which is but by con-
gregation of homogeneal parts.

The second is, by drawing them down by some
body that hath consent with them. As iron draweth
down copper in water; gold draweth quicksilver in
vapour ; whatsoever is of this kind, is very diligently
to be inquired.

Also it is to be inquired what time, or age, will |
reduce without help of fire or body.

Also it is to be inquired what gives impediment
to union or restitution, which is sometimes called —
mortification ; as when quicksilver is mortified with
turpentine, spittle, or butter.

PHYSIOLOGICAL REMAINS. 213

Lastly, it is to be inquired, how the metal restored,
differeth in any thing from the metal rare: as whe-
ther it become not more churlish, altered in colour,

or the like.

Dr. Meverel’s answers touching the restitutions of
metals and minerals.

Repuction is chiefly effected by fire, wherein if
they stand and nele, the imperfect metals vapour
away, and so do all manner of salts which separated
them “ in minimas partes” before.

Reduction is singularly holpen, by joining store
of metal of the same nature with it in the melting.

Metals reduced are somewhat churlish, but not
altered in colour.

THE LORD VERULAM’S INQUISITION

Concerning the versions, transmutations, multiplications,
and effections of bodies.

Eartu by fire is turned into brick, which is of
the nature of a stone, and serveth for building, as
stone doth: and the like of tile. Qu. the manner.

Naphtha, which was the bituminous mortar used
in the walls of Babylon, grows to an intire and very
hard matter like a stone.

In clay countries, where there is pebble and

_ gravel, you shall find great stones, where you may

_ see the pebbles or gravel, and between them a sub-

stance of stone as hard or harder than the pebble
itself.

214 PHYSIOLOGICAL REMAINS.

There are some springs of water, wherein if you
put wood, it will turn into the nature of stone: so
as that within the water shall be stone, and that
above the water continue wood.

The slime about the reins and bladder in man’s
body, turns into stone: and stone is likewise found
often in the gall; and sometimes, though rarely, in
“ vena porta.”

Query, what time the substance of earth in quar-
ries asketh to be turned into stone ?

Water, as it seems, turneth into crystal, as Is
seen in divers caves, where the crystal hangs “ in
stillicidiis.” |

Try wood, or the stalk of herbs, buried in quick-
silver, whether it will not grow hard and stony.

They speak of a stone ingendered in a toad’s
head.

There was a gentleman, digging in his moat,
found an egg turned into stone, the white and the
yolk keeping their colour, and the shell glistering
like a stone cut with corners.

Try some things put into the bottom of a well;
as wood, or some soft substance: but let it not
touch the water, because it may not putrify.

They speak, that the white of an egg, with lying
long in the sun, will turn stone.

Mud in water turns into shells of fishes, as in
horse-mussels, in fresh ponds, old and overgrown.
And the substance is a wondrous fine substance, light
and shining.

PHYSIOLOGICAL REMAINS. 215

A SPEECH TOUCHING THE RECOVERING OF
DROWNED MINERAL WORKS.
Prepared for the parliament (as Mr. Bushel affirmed)
by the Viscount of St. Albans, then Lord High
Chancellor of England*.

MY LORDS AND GENTLEMEN,

Tue king, my royal master, was lately graciously
pleased to move some discourse to me concerning
Mr. Sutton’s hospital, and such like worthy foun-
dations of memorable piety : which humbly seconded
by myself, drew his majesty into a serious conside-
tion of the mineral treasures of his own territories,
and the practical discoveries of them by way of my
philosophical theory : which he then so well resented,
that afterwards,upon a mature digestion of my whole
design, he commanded me to let your lordships
understand, how great an inclination he hath to fur-
ther so hopeful a work, for the honour of his domi-
nions, as the most probable means to relieve all the
poor thereof, without any other stock or benevo-
lence, than that which divine bounty should confer
on their own industries and honest labours, in reco-
vering all such drowned mineral works, as have been,
or shall be therefore deserted.

And, my lords, all that is now desired of his
majesty and your lordships, is no more than a gra-
cious act of this present parliament to authorise
them herein, adding a mercy to a munificence, which

* See Mr. B’s extract, p. 18, 19.

216 PHYSIOLOGICAL REMAINS.

is, the persons of such strong and able petty-felons,
who, in true penitence for their crimes, shall implore
his majesty’s mercy and permission to expiate their
offences by their assiduous labours in so innocent
and hopeful a work.

For by this unchargeable way, my lords, have I
proposed to erect the academical fabric of this
island’s Solomon’s House, modelled in my new Atlan-
tis. And I can hope, my lords, that my midnight
studies, to make our countries flourish and outvie
Kuropean neighbours in mysterious and beneficent
arts, have not so ingratefully affected your noble
intellects, that you will delay or resist his majesty’s
desires, and my humble petition in this benevolent,
yea, magnificent affair; since your honourable pos-
teritics may be enriched thereby, and my ends are
only to make the world my heir, and the learned
fathers of my Solomon’s House, the successive and
sworn trustees in the dispensation of this great ser-
vice, for Ged’s glory, my prince’s magnificence, this
parliament’s. honour, our country’s general good,
and the propagation of my own memory.

And I may assure your lordships, that all my
proposals in order to this great architype, seemed
so rational and feasible to my royal sovereign, our
Christian Solomon, that I thereby prevailed with
his majesty to call this honourable parliament, to
confirm and impower me in my own way of mining,
by an act of the same, after his majesty’s more
weighty affairs were considered in your wisdoms;

both which he desires your lordships, and you gen-

PHYSIOLOGICAL REMAINS. 917

tlemen that are chosen as the patriots of your
respective countries, to take speedy care of: which
done, I shall not then doubt the happy issue of my
undertakings in this design, whereby concealed
treasures, which now seem utterly lost to mankind,
shall be confined to so universal a piety, and brought
into use by the industry of converted penitents,
whose wretched carcases the impartial laws have, or
shall dedicate, as untimely feasts, to the worms of the
earth, in whose‘womb those deserted mineral riches
must ever lie buried as lost abortments, unless those
be made the active midwives to deliver them. For,
my lords, I humbly conceive them to be the fittest of
all men to effect this great work, for the ends and
causes which I have before expressed.

All which, my lords, I humbly refer to your grave
and solid judgments to conclude of, together with
such other assistances to this frame, as your own
oraculous wisdom shall intimate, for the magnifying
our Creator in his inscrutable providence, and admi-
rable works of nature.

Certain experiments made by the Lord Bacon about
| weight in air and water.

A NEw sovereign of equal weight in the air to the
piece in brass, overweigheth in the water. nine grains :
in three sovereigns the difference in the water is but
twenty-four grains.

The same sovereign overweigheth an equal weight
of lead, four grains in the water, in brass grains for
gold: in three sovereigns about eleven grains.

218 PHYSIOLOGICAL REMAINS.

The same sovereign overweigheth an equal weight
of stones in the air, at least sixty-five grains in the
water: the grains being for the weight of gold in
brass metal.

A glass filled with water weighing, in Troy
weights, thirteen ounces and five drams,the glass and
the water together weigheth severally, viz. the water
nine ounces and a half, and the glass four ounces and
a dram.

A bladder weighing two ounces seven drams and
a half, a pebble laid upon the top of the bladder
makes three ounces six drams and ahalf, the stone
weigheth seven drams.

The bladder, as above, blown, and the same
fallen, weigheth equal.

A sponge dry weigheth one ounce twenty-six
grains: the same sponge being wet, weigheth four-
teen ounces six drams and three quarters: the water
weigheth in several eleven ounces one dram and a
half, and the sponge three ounces and a half, and
three quarters of adram. First time.

The sponge and water together weigh fifteen
ounces and seven drams: in several, the water
weigheth eleven ounces and seven drams, and the
sponge three ounces seven drams and a half. Second
time.

Three sovereigns made equal to a weight in silver
in the air, differ in the water.

For false weights, one beam long, the other thick.
_ The stick and thread weigh half a dram, and
twenty grains, being laid in the balance.

PHYSIOLOGICAL REMAINS. 219

The stick tied to reach within half an inch of the
end of the beam, and so much from the tongue,
weigheth twenty-eight grains; the difference is
twenty-two grains.

The same stick being tied to hang over the end
of the beam an inch and a half, weigheth half a dram
and twenty-four grains, exceeding the weight of the
said stick in the balance by four grains.

The same stick being hanged down beneath the
thread, as near the tongue as is possible, weigheth
only eight grains.

Two weights of gold being made equal in the air,
and weighing severally seven drams; the one balance
being put into the water, and the other hanging in
the air, the balance in the water weigheth only five
drams and three grains, and abateth of the weight in
the air, one dram and a half, and twenty-seven grains.

The same trial being made the second time, and -
more truly and exactly betwixt gold and gold, weigh-
ing severally, as above ; and making a just and equal
weight in the air, the one balance being put into the
water the depth of five inches, and the other hanging
in the air, the balance in the water weigheth only
four drams, and fifty-five grains, and abateth of the -
weight in the air two drams and five grains.

The trial being made betwixt lead and lead, weigh-
ing severally seven drams in the air, the balance in
the water weigheth only four drams and forty-one
grains, and abateth of the weight in the air two drams
and nineteen grains; the balance kept the same
depth in the water as abovesaid.

220 PHYSIOLOGICAL REMAINS.

The trial being made betwixt silver and silver,
weighing severally seven drams in the air, the balance
in the water weigheth only four drams and twenty-
five grains. So it abateth two drams and thirty-five
grains ; the same depth in the water observed.

In iron and iron, weighing severally each balance
in the air seven drams, the balance in the water
weigheth only four drams and eighteen grains ; and
abateth of the weight in the air two drams and forty-
two grains ; the depth observe as above.

In stone and stone, the same weight of seven
drams equally in the air, the balance in the water
weigheth only two drams and twenty-two grains;
and abateth of the weight in the air four drams and
thirty-eight grains ; the depth as above.

In brass and brass, the same weight of seven drams
in each balance, equal in the air, the balance in the
water weigheth only four drams and twenty-two
-grains; and abateth in the water two drams and
thirty-eight grains; the depth observed.

The two balances being weighed in air and water:
the balance in the air over-weigheth the other in the
water one dram and twenty-eight grains; the depth
in the water as aforesaid.

It is a profitable experiment which sheweth the
weights of several bodies in comparison with water.
It is of use in lading of ships, and other bottoms, and
may help to shew what burden in the several kinds

they will bear.

PHYSIOLOGICAL REMAINS. 291

Certain sudden thoughts of the Lord Bacon's, set down
by him under the title of EXvERIMENTS FoR Prorit.

Mucx of leaves: muck of river, earth, and chalk:
muck of earth closed, both for salt-petre and muck :
setting of wheat and peas: mending of crops by
steeping of seeds: making peas, cherries, and straw-
berries come early : strengthening of earth for often
returns of radishes, parsnips, turnips, etc. making
great roots of onions, radishes, and other esculent
roots: sowing of seeds of trefoil: setting of woad:
setting of tobacco, and taking away the rawns: graft-
ing upon boughs of old trees : making of a hasty cop-
pice: planting of osiers in wet grounds: making of
candles to last long: building of chimnies, furnaces,
and ovens, to give heat with-less wood: fixing of log-
wood : other means to make yellow and green fixed :
conserving of oranges, lemons, citrons, pomegranates,
etc. all summer: recovering of pearl, coral, turcoise
colour, by a conservatory of snow: sowing of fennel:
brewing with hay, haws, trefoil, broom, hips, bramble-
berries, woodbines, wild thyme, instead of hops, this-
tles: multiplying and dressing artichokes.

Certain evperiments of the Lord Bacon’s, about the
commirture of liquors only, not solids, without heat or
agitation, but only by simple composition and settling.

Spirit of wine mingled with common water, al-
though it be much lighter than oi!, yet so as if the
first fall be broken, by means of a sop, or otherwise,
it staycth above; and if it be once mingled, it

2292 PHYSIOLOGICAL REMAINS.

severeth not again, as oil doth. Tried with water
coloured with saffron.

Spirit of wine mingled with common water hath
akind of clouding, and motion shewing no ready
commixture. Tried with saffron.

A dram of gold dissolved in aqua regis, with a
dram of copper in aqua fortis, commixed, gave a
green colour, but no visible motion in the parts.
Note, that the dissolution of the gold was, twelve
parts water to one part body: and of the copper
was, six parts water to one part body.

Oil of almonds commixed with spirit of wine
severeth, and the spirit of wine remaineth on the
top, and the oil in the bottom.

Gold dissolved, commixed with spirit of wine, a
dram of each, doth commix, and no other apparent
alteration.

Quicksilver dissolved with gold dissolved, a dram
of each, doth turn to a mouldy liquor, black, and
like smiths water.

Note, the dissolution of the gold was twelve
parts water, ut supra, and one part metal: that
of water was two parts, and one part metal.

Spirit of wine and quicksilver commixed, a dram
of each, at the first shewed a white milky substance
at the top, but soon after mingled.

Oil of vitriol commixed with oil of cloves, a dram
of each, turneth into a red dark colour; and a sub-
stance thick almost like pitch, and upon the first
motion gathereth an extreme heat, not to be endured
by touch.

Dissolution of gold, and oil of vitriol commixed, a

PHYSIOLOGICAL REMAINS. 223

dram of each, gathereth a great heat at the first, and
darkeneth the gold, and maketh a thick yellow.

Spirit of wine and oil of vitriol, a dram of each,
hardly mingle ; the oil of vitriol going to the bottom,
and the spirit of wine lying above in a milky sub-
stance. It gathereth also a great heat, and asweet-
ness in the taste.

Oil of vitriol and dissolution of quicksilver, a
dram of each, maketh an extreme strife, and casteth
up a very gross fume, and after casteth down a white
kind of curds, or sands; and on the top a slimish
substance, and gathereth a great heat.

Oil of sulphur and oil of cloves commixed, a
dram of each, turn into a thick and red-coloured
substance; but no such heat as appeared in the
commixture with the oil of vitriol.

Oil of petroleum and spirit of wine, a dram of
each, intermingle otherwise than by agitation, as
wine and water do; and the petroleum remaineth
on the top.

Oil of vitriol and petroleum, a dram of each,
turn into a mouldy substance, and gathereth some
warmth; there residing a black cloud in the bottom,
and a monstrous thick oil on the top.

Spirit of wine and red-wine vinegar, one ounce
of each, at the first fall, one of them remaineth
above, but by agitation they mingle.

Oil of vitriol and oil of almonds, one ounce of each,
mingle not ; but the oil of almonds remaineth above.

Spirit of wine and vinegar, an ounce of each,

‘commixed, do mingle, without any apparent sepa-

ration, which might be in respect of the colour.

224 PHYSIOLOGICAL REMAINS.

Dissolution of iron, and oil of vitriol, a dram of
each, do first put a milky substance into the bottom,
and after incorporate into a mouldy substance.

Spirit of wine commixed with milk, a third part
spirit of wine, and two parts milk, coagulateth little,
but mingleth; and the spirit swims not above.

Milk and oil of almonds mingled, in equal portions,
do hardly incorporate, but the oil cometh above, the
milk being poured in last; and the milk appeareth
in some drops or bubbles.

Milk one ounce, oil of vitriol a scruple, doth
coagulate; the milk at the bottom, where the vitriol
goeth.

Dissolution of gum tragacanth, and oil of sweet
almonds, do not commingle, the oil remaining on the
top till they be stirred, and make the mucilage some-
what more liquid.

Dissolution of gum tragacanth one ounce and a
half, with half an ounce of spirit of wine, being com-
mixed by agitation, make the mucilage more thick.

Tne white of an egg with spirit of wine, doth
bake the egg into clots, as if it began to poch.

One ounce of blood, one ounce of milk, do easily
incorporate.

Spirit of wine doth curdle the blood.

One ounce of whey unclarified, one ounce of oil
of vitriol, make no apparent alteration.

One ounce of blood, one ounce of oil of almonds,
incorporate not, but the oil swims above. |

Three quarters of an ounce of wax being dis-
solved upon the fire, and one ounce of oil of almonds
put together and stirred, do not so incorporate, but

gE

PHYSIOLOGICAL REMAINS. 925

that when it is cold the wax gathereth and swims
upon the top of the oil. |

One ounce of oil of almonds cast into an ounce of
sugar seething, sever presently, the sugar shooting
towards the bottom. 7

A catalogue of bodies attractive and not attractive,
_ together with experimental observations about at-
traction.

_ Tuese following bodies draw : amber, jet, dia-
mond, sapphire, carbuncle, iris, the gem opale, ame-
thyst, bristollina, crystal, clear glass, glass of anti-
mony, divers flowers from mines, sulphur, mastic,
hard sealing-wax, the harder rosin, arsenic.

These following bodies do not draw: smaragd,
achates, corneolus, pearl, jaspis, chalcedonius, ala-
baster, porphyry, coral, marble, touchstone, hema-
tites, or bloodstone; smyris, ivory, bones, ebon-
tree, cedar, cypress, pitch, softer rosin, camphire,
galbanum, ammoniac, storax, benzoin, loadstone,
asphaltum.*

These bodies, gold, silver, brass, iron, draw not,
though never so finely polished.

In winter, if the air be sharp and clear, sal
-gemmeum, roch allum, and lapis specularis, will
draw.

These following bodies are apt to be drawn, if
the mass of them be small: chaff, woods, leaves,
‘stones, all metals leaved, and in the mine ; earth,
water, oil.

* The drawing of iron excepted.

VOL. VII. Q

MEDICAL REMAINS.

Grains of youth.

Take of nitre four grains, of ambergrease three
grains, of orris-powder two grains, of white poppy-
seed the fourth part of a grain, of saffron half a grain,
with water of orange-flowers, and a little tragacanth ;
make them into small grains, four in number. To
be taken at four a-clock, or going to bed.

Preserving ointments.

Take of deers suet one ounce, of myrrh six
grains, of saffron five grains, of bay-salt twelve grains,
of Canary wine, of two years old, a spoonful anda
half. Spread it on the inside of your shirt, and let
it dry, and then put it on.

A purge familiar for opening the liver.
Take rhubarb two drams, agaric trochiscat one
dram and a half, steep them in claret wine burnt
with mace; take of wormwood one dram, steep it

with the rest, and make a mass of pills, with “ syrup. |

acetos. simplex.” But drink an opening broth before
it, with succory, fennel, and smallage roots, and a
little of an onion.

MEDICAL REMAINS. 227

Wine for the spirits.

Take gold perfectly refined three ounces, quench
it six or seven times in good claret wine; add of
nitre six grains for two draughts: add of saffron
prepared three grains, of ambergrease four grains,
pass it through an hippocras bag, wherein there 1s a
dram of cinnamon gross beaten, or, to avoid the
dimming of the colour, of ginger. Take two spoons-
ful of this to a draught of fresh claret wine.

The preparing of saffron.
Take six grains of saffron, steeped in half parts

of wine and rose water, and a quarter part vinegar :
then dry it in the sun.

Wine against adverse melancholy, preserving the senses
and the reason.

Take the rootsof buglos well scraped and cleansed
from their inner pith, and cut them into small
slices; steep them in wine of gold extinguished ut
supra, and add of nitre three grains, and drink it
ut. supra, mixed with fresh wine: the roots must not

continue steeped above a quarter of an hour; and
they must be changed thrice.

Breakfast preservative against the gout and rheums.

To take once in the month at least, and for

_ two days together, one grain of castorei in my
ordinary broth.

No
iw)
ee)

MEDICAL REMAINS.

The preparation of gartick.

Take garlic four ounces, boil it upon a soft fire
in claret wine, for half an hour. ‘Take it out and
steep it in vinegar ; whereto add two drams of cloves,
then take it forth, and keep it in a glass for use.

The artificial preparation of damask roses for smell.

Take roses, pull their leaves, then dry them in a

clear day in the hot sun: then their smell will be —

as gone. Then cram them into an earthen bottle,
very dry and sweet, and stop it very close; they
will remain in smell and colour both fresher than
those that are otherwise dried. Note, the first
drying, and close keeping upon it, preventeth all
putrefaction, and the second spirit cometh forth,
made of the remaining moisture not dissipated.

Z. restorative drink.

Take of Indian maiz half a pound, grind it not

too small, but to the fineness of ordinary meal, and |

then bolt and searce it, that all the husky part may
be taken away. ‘Take of eryngium roots three
ounces, of dates as much, of enula two drams, of
mace three drams, and brew them with ten shilling
beer to the quantity of four gallons: and this do,
either by decocting them in a pottle of wort, to be
after mingled with the beer, being new tapped, or
otherwise infuse it in the new beer; in a bag. Use
this familiarly at meals. ,

k MEDICAL REMAINS. 229

Against the waste of the body by heat.

Take sweet pomegranates, and strain them
lightly, not pressing the kernel, into a glass; where
put some little of the peel of a citron, and two or
three cloves, and three grains of ambergrease, and a
pretty deal of fine sugar. It is to be drunk every
morning whilst pomegranates last.

Methusalem water. Against all asperity and torre-
Faction of inward parts, and all adustion of the blood,
and generally against the dryness of age.

Take crevices very new, q.s. boil them well in
claret wine, of them take only the shells, and rub
them very clean, especially on the inside, that they
may be thoroughly cleansed from the meat. Then
wash them three or four times in fresh claret wine,
heated: still changing the wine, till all the fish-taste
be quite taken away. But in the wine wherein they
are washed, steep some tops of green rosemary ;
then dry the pure shell thoroughly, and bring them
to an exquisite powder. Of this powder take three

_drams. Take also pearl, and steep them in vinegar
twelve hours, aud dry off the vinegar ; of this powder
also three drams. ‘Then put the shell powder and
pearl powder together, and add to them of ginger

one scruple, and of white poppy-seed half a scruple,
and steep them in spirit of wine, wherein six grains
of saffron have been dissolved, seven hours. Then

upon a gentle heat vapour away all the spirit of wine,

230 MEDICAL REMAINS.

and dry the powder against the sun without fire.
Add to it of nitre one dram, of ambergrease one
scruple and a half; and so keep this powder for use
in a clean glass. Then take a pottle of milk, and
slice in it of fresh cucumbers, the inner pith only,
the rind being pared off, four ounces, and draw forth
a water by distillation. ‘Take of claret wine a pint,
and quench gold in it four times.

Of the wine, and of the water of milk, take of
each three ounces, of the powder one scruple, and
drink it in the morning; stir up the powder when
you drink, and walk upon it.

A catalogue of astringents, openers, and cordials, instru-
mentul to health.

ASTRINGENTS.

Rep rose, black-berry, myrtle, plantane, flower
of pomegranate, mint, aloes well washed, myro-
balanes, sloes, agrestia fraga, mastich, myrrh, saffron,
leaves of rosemary, rhubarb received by infusion,
cloves, service-berries, corna, wormwood, bole ar-
meniac, sealed earth, cinquefoil, tincture of steel,
sanguis draconis, coral, amber, quinces, spikenard,
galls, alum, blood-stone, mummy, amomum, galan-
gal, cypress, ivy, psyllum, housleek, sallow, mullein,
vine, oak-leaves, lignum aldes, red sanders, mulberry,
medlars, flowers of peach-trees, pomegranates, pears,
palmule, pith of kernels, purslain, acacia, laudanum,
tragacanth, thus olibani, comfrey, shepherd’s purse,
polygonium.

MEDICAL REMAINS. 231

Astringents, both hot and cold, which corroborate the
parts, and which confirm and refresh such of them
as are loose or languishing.

RosEmary, mint, especially with vinegar, cloves,
cinnamon, cardamom, lign-aloes, rose, myrtle, red
sanders, cotonea, red wine, chalybeat wine, five-finger
grass, plantane, apples of cypress, berberries, fraga,
service-berries, cornels, ribes, sour pears, rambesia.

Astringents styptic, which by their styptic virtue may
stay fluxes.

SLOES, acacia, rind of pomegranates infused, at
least three hours, the styptic virtue not coming forth
in lesser time. Alum, galls, juice of sallow, syrup of
unripe quinces, balaustia, the whites of eggs boiled
hard in vinegar.

Astringents, which by their cold and earthy nature may
stay the motion of the humours tending to a flux.

SEALED earth, sanguis draconis, coral, pearls, the
shell of the fish dactylus.

Astringents, which by the thickness of their substance
stuff as it were the thin humours, and thereby stay
Sluces.
Rick, beans, millet, cauls, dry cheese, fresh goats
milk.

bo
Os
ho

MEDICAL REMAINS.

Astringents, which by virtue of their glutinous substance
restrain a flux, and strengthen the looser parts.
Karase,* mastich, spodium, hartshorn, frankin-

cense, dried bulls pistle, gum tragacanth.

Astringents purgative, which, having by their purga-
tive or expulsive power thrust out the humours, leave
behind them astrictive virtue.

Ruvzars, especially that which is toasted against
the fire: myrobalanes, tartar, tamarinds, an Indian
fruit like green damascenes.

Astringents which do very much suck and dry up the
humours, and thereby stay fluxes.

Rust of iron, crocus martis, ashes of spices.

Astringents, which, by their nature do dull the spirits,
and lay asleep the expulsive virtue, and take away the
acrimony of all humours.

LAUDANUM, mithridate, diascordium, diacodium.

Astringents, which, by cherishing the strength of the
parts, do comfort and confirm their retentive power.
A stomacher of scarlet cloth: whelps, or young
healthy boys, applied to the stomach: hippocratic
wines, so they be made of austere materials.

* Perhaps he meant the fruit of Karobe.

MEDICAL REMAINS. 233

OPENERS.

- Succory, endive, betony, liverwort, petroselinum
smallage, asparagus, roots of grass, dodder, tamarisk,
juncus odoratus, lacca, cupparus, wormwood, chame-
pitys, fumaria, scurvy-grass, eringo, nettle, ireos, elder,
hyssop, aristolochia, gentian, costus, fennel-root,
maiden-hair, harts-tongue, daffodilly, asarum, sarsa-
parilla, sassafras, acorns, abretonum, aloes, agaric
rhubarb infused, onions, garlic, bother, squilla, sow-
bread, Indian nard, Celtic nard, bark of laurel-tree,
bitter almonds, holy thistle, camomile, gun-powder,
sows (millepedes) ammoniac, man’s urine, rue, park
leaves (vitex) centaury, lupines, chameedrys, costum,
ammios, bistort, camphire, daucus seed, Indian bal-
sam, scordium, sweet cane, galingal, agrimony.

CORDIALS.

Fiowers of basil royal, flores caryophillati, flowers.
of bugloss and borage, rind of citron, orange flowers,
rosemary and its flowers, saffron, musk, amber, folium,
1. e. nardi folium, balm-gentle, pimpernel, gems,.gold,
generous wines, fragrant apples, rose, rosa moschata,
cloves, lign-aloes, mace, cinnamon, nutmeg, carda-
mom, galingal, vinegar, kermes berry, herba mos-
chata, betony, white sanders, camphire, flowers of
heliotrope, penny royal, scordium, opium corrected,
white pepper,nasturtium, white and red bean, castum
dulce, dactylus, pine, fig, egg-shell, vinum malvaticum,
ginger, kidneys, oisters, crevises. or river crabs, seed

a4 MEDICAL REMAINS.

of nettle, oil of sweet almonds, sesaminum oleum, as-
paragus, bulbous roots, onions, garlic, eruca, daucus
seed, eringo, siler montanus, the smell of musk,
cynethi odor, caraway seed, flower of puls, aniseed,
pellitory, anointing of the testicles with oil of elder
in which pellitory hath been boiled, cloves with goats
milk, olibanum.

An extract by the Lord Bacon, for his own use, out of
the book Of the prolongation of life, together with
some new advices in order to health.

1. Once in the week, or at least in the fortnight,
to take the water of mithridate distilled, with three
parts to one, or strawberry-water to allay it; and
some grains of nitre and saffron, in the morning be-
tween sleeps.

2. To continue my broth with nitre; but to in-
terchange it every other two days, with the juice of
pomegranates expressed, with a little cloves, and rind
of citron. |

3. To order the taking of the maceration* as fol-
loweth.

To add to the maceration six grains of cremor
tartari, and as much enula.

To add to the oxymel some infusion of fennel-
roots in the vinegar, and four grains of angelica-seed,
and juice of lemons, a third part to the vinegar.

* Viz. 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. See the Lord Bacon’s Life, by Dr. Rawley, to-
wards'the end.

=

MEDICAL REMAINS. 235

To take it not so immediately before supper, and
to have the broth specially made with barley, rose-
mary, thyme, and cresses. :

Sometimes to add to the maceration three grains
of tartar, and two of enula, to cut the more heavy
and viscous humours; lest rhubarb work only upon
the lightest.

To take sometimes the oxymel before it,and some-
times the Spanish honey simple.

4. To take once in the month at least, and for
two days together, a grain and a half of castor, in my
broth, and breakfast. }

5. A cooling clyster to be used once a month,

after the working of the maceration is settled.
_ Take of barley-water, in which the roots of bu-
gloss are boiled, three ounces, with two drams of red
sanders, and two ounces of raisins of the sun, and one
ounce of dactyles, and an ounce and a half of fat
caricks; let it be strained, and add to it an ounce and
a half of syrup of violets: let a clyster be made. Let
this be taken, with veal, in the aforesaid decoction.

6. To take every morning the fume of lign-aloes,
rosemary and bays dried, which I use; but once in a
week to add a little tobacco, without otherwise taking
it in a pipe.

7. To appoint every day an hour “ ad affectus
intentionales et sanos.” Qu. de particulari.

8. To remember masticatories for the mouth.

9. And orange-flower water to be smelt to or
snuffed up.

10. In the third hour after the sun is risen, to

20 MEDICAL REMAINS.

take in air from some high and open place, with a
ventilation of rose moschate, and fresh violets; and
to stir the earth, with infusion of wine and mint.

11. To use ale with a little enula campana, car-
duus, germander, sage, angelica-seed, cresses of a
middle age, to beget a robust heat.

12. Mithridate thrice a year.

13. A bit of bread dipt in vino odorato, with
syrup of dry roses, and a little amber, at going to
bed.

14, Never to keep the body in the same posture
above half an hour at a time.

15. Four precepts. ‘To break off custom. To
shake off spirits ill disposed. 'To meditate on youth-
To do nothing against a man’s genius.

16. Syrup of quinces for the mouth of the sto-
mach. Inquire concerning other things useful in
that kind.

17. To use once during supper time wine in
which gold is quenched.

18. To use anointing in the morning lightly with
oil of almonds, with salt and saffron, and a gentle
rubbing.

19. Ale of the second infusion of the vine of oak.

20. Methusalem water, of pearls and shells of
crabs, and a little chalk.

21. Ale of raisins, dactyles, potatoes, pistachios,
honey, tragacanth, mastic.

22. Wine with swines flesh or harts flesh.

23. To drink the first cup at supper hot, and half
an hour before supper something hot and aromatised.

MEDICAL REMAINS. 987

24, Chalybeates four times a year.

95. Pilule ex tribus, once in two months, but
after the mass has been macerated in oil of almonds.

26. Heroic desires.

27. Bathing of the feet once in a month, with
lye ex sale nigro, camomile, sweet marjoram, fennel,
sage, and a little aqua vite.

28. To provide always an apt breakfast.

29. To beat the flesh before roasting of it.

30. Macerations in pickles.

31. Agitation of beer by ropes, or in wheel-bar-
rows.

32. That diet is good which makes lean, and
then renews. Consider of the ways to effect it.

ns

MEDICAL RECEIPTS OF THE LORD BACON.

His Lordship’s usual receipt for the Gout. To which
he refers, Nat. Hist. Cent. I. N. 60.

1. The poultis.

Take of manchet about three ounces, the crumb
only, thin cut; let it be boiled in milk till it grow to
a pulp. Add in the end adram and a half of the
powder of red roses ; of saffron ten grains ; of oil of
roses an ounce; let it be spread upon a linen cloth,
and applied lukewarm, and continued for three
hours space.

2. Lhe bath or fomentation.

Take of sage leaves half a handful; of the root

238 MEDICAL REMAINS.

of hemlock sliced six drams; of briony roots half
an ounce; of the leaves of red roses two pugils; let
them be boiled in a pottle of water, wherein steel
hath been quenched, till the liquor come to a quart.
After the straining, put in half a handful of bay salt.
Let it be used’ with scarlet cloth, or scarlet wool,
dipped in the liquor hot, and so renewed seven
times ; all in the space of a quarter of an hour, or
little more.

3. The plaister.

Take emplastrum diachalciteos, as much as is
sufficient for the part you mean to cover. Let it be
dissolved with oil of roses, in such a consistence as
will stick; and spread upon a piece of holland, and
applied.

His Lordship’s broth and fomentation for the stone.
The broth.

Take one dram of eryngium roots, cleansed and
sliced; and boil them together with a chicken. In
the end, add of elder flowers, and marigold flowers
together, one pugil; of angelica seed half a dram, of
raisins of the sun stoned, fifteen; of rosemary,
thyme, mace, together, a little.

In six ounces of this broth or thereabouts, let
there be dissolved of white cremor tartari three
grains.

Every third or fourth day, take a small toast
of manchet, dipped in oil of sweet almonds new
drawn, and sprinkled with a little loaf sugar. You

9

MEDICAL REMAINS. 239

may make the broth for two days, and take the one-
half every day.

If you find the stone to stir, forbear the toast for
a course ortwo. The intention of this broth is, not
to void, but to undermine the quarry of the stones
in the kidneys.

The fomentation.

Take of leaves of violets, mallows, pellitory of the
wall, together, one handful; of flowers of camomile
and melilot, together, one pugil; the root of marsh-
mallows, one ounce; of anise and fennel seeds, toge-
ther, one ounce and a half; of flax-seed two drams,
Make a decoction in spring water.

The second receipt, shewing the way of making a certain
ointment, which his lordship called Unguentum fra-
grans, sive Romanum, the fragrant or Roman un-
guent.

Take of the fat of a deer half a pound; of oil of
sweet almonds two ounces: let them be set upon a
very gentle fire, and stirred with a stick of juniper
till they are melted. Add of root of flower-de-luce
powdered, damask roses powdered, together, one
dram; of myrrh dissolved in rose-water half a
dram; of cloves half a scruple ; of civet four grains ;
of musk six grains; of oil of mace expressed one
drop; as much of rose-water as sufficeth to keep the
unguent from being too thick. Let all these be put
together in a glass, and set upon the embers for the
space of an hour, and stirred with a stick of juniper.

24.0 MEDICAL REMAINS.

Note, that in the confection of this ointment,
there was not used above a quarter of a pound, and
a tenth part of a quarter of deer’s suet: and that all
the ingredients, except the oil of almonds, were
doubled when the ointment was half made, because
the fat things seemed to be too predominant.

The third receipt. A manus Christi for the stomach.

Take of the best pearls very finely pulverised,
one dram; of sal nitre one scruple; of tartar two
scruples; of ginger and galingal together, one
ounce and ahalf; of ealamus, root of enula cam-
pana, nutmeg, together, one scruple and ,a half;
of amber sixteen grains ; of the best musk ten grains;
with rose-water and the finest sugar, let there be
made a manus Christi. |

The fourth receipt. A secret for the stomach.

Take lignum aloés in gross shavings, steep them
in sack, or alicant, changed twice, halfan hour at a
time, till the bitterness be drawn forth. Then take
the shavings forth, and dry them in the shade, and
beat them to an excellent powder. Of that powder,
with the syrup of citrons, make a small pill, to be
taken before supper.

JUDICIAL CHARGES

AND

Ti AL Ss:

VOL. VII. R

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, MAY 7, 1617.

Berore 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
king’s most excellent majesty gave me when I re-
ceived the seal, and what orders and resolutions I
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 it shall 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 com-
mandment.

Secondly, that it may be a guard and custody
to myself, and my 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

244 SPEECH ON TAKING

expect, and both set their hearts and my ears at rest ;
not moving me in any thing against these rules;
knowing that my answer is now turned from a“ no-
lumus” 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.

This first is, that there be some things of a more
secret and council-like nature, more fit to be acted
than published. But those things which I shall
speak of to-day are of a more public nature.

The second is, that I will not trouble this pre-
sence with every particular, which would be too
long; but select those things which are of greatest
efficacy, and conduce most “ ad summas rerum ;”
leaving many other particulars to be set down in a
table, according to the good example of my last pre-
decessor in his beginning.

And lastly, that these imperatives, which I have
made but to myself and my times, be without preju-
dice to the authority of the court, or to wiser men
that may succeed me; and chiefly that they are
wholly submitted unto the great wisdom of my so-
vereign, and the absolute prince in judicature that
hath been in the Christian world ; for if any of these
things which I intend to be subordinate to his direc-
tions, shall be thought by his majesty to be inordi-
nate, I shall be most ready to reform them. These
things are but, “ tanquam album pretoris;” for so
did the Roman pretors, which have the greatest
affinity with the jurisdiction of the chancellor here,
who used to set down at their entrance, how they

HIS PLACE IN CHANCERY. 245

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 lanthorn, rested
upon four heads.

The first was, that I should contain the jurisdic-
tion of the court within its true and due limits, with-
out swelling or excess.

The second, that I should think the putting of
the great seal to letters patents was not a matter of
course to follow after precedent warrants; but that
I should take it to be the maturity and fulness of the
king’s intentions: and therefore of the greatest parts
of my trust, if I saw therein any scruple or cause of

stay, that I should acquaint him, concluding a a

‘Quod dubites ne feceris.”

The third was, that I should retrench all unne-
cessary delays, that the subject might find that he
did enjoy the same remedy against the fainting of
the soul and the consumption of the estate ; which
was speedy justice. “ Bis dat, qui cito dat.”

The fourth was, that justice might pass with as
easy charge as might be; and that those same bram-
bles, 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.

246 SPEECH ON TAKING

Now for a beginning towards it, I have set down
and applied particular orders to-day out of these
four general heads.

For the excess or tumour of this court of chan-
cery, I shall divide it into five natures.

The first is, when the court doth embrace and

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 delienate what those causes are that
are fit for the court, or not 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 will never refer any de-
murrer or plea, tending to discharge or dismiss the
court of the cause, to any master of the chancery,
but judge of it myself, or at least the master of the
rolls. Nay farther, I will appoint regularly, that on
the Tuesday of every week, which is the day of
orders, first to hear motions of that nature before
any other, thatthe subject may have his “vale” at first

without attending, and that the court do not keep ~

and accumulate a miscellany and confusion of
causes of all natures.

The second point concerneth the time of the
complaint, and the late comers into the chancery ;
which stay till a judgment 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 “ premunire,” and I cannot tell what.

HIS PLACE IN CHANCERY. 247

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 after judgment, 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 the practice would be moderate. My rule shall
be therefore, that in case of complaints after judg-
ment, except the judgments be upon “ nihil dicit,”
and cases which are but disguises of judgment, as
that they be judgments obtained in contempt of a
preceding order in this court, yea, and after verdicts
also, I will have the party complainant enter into
good bond to prove his suggestion: so that if he
will be relieved against a judgment 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-fre-
quent and facile granting of injunctions for the stay-
ing of the common laws, or the altering of posses-
sions ; wherein these shall be my rules.

I will grant no injunction merely upon priority
of suit; that is to say, because this court was first
possessed: a thing that was well reformed in the late
lord chancellor’s time, but usual in the chancellor
Bromley’s time; insomuch, as I remember, that Mr.
Dalton the counsellor at law put a pasquil upon the
court in nature of a bill; for seeing it was no more
but, My lord, the bill came in on Monday, and the

248 SPEECH ON TAKING

arrest at common law was on Tuesday, I pray the
injunction upon priority of suit: he caused his cli-
ent that had a loose debtor, to’ put his bill into the
chancery before 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 who shall be first at Westminster-hall.

Neither will I grant an injunction upon matter
contained in the bill only, be it never so smooth and
specious ; but upon matter confessed in the defend-
ant’s answer, or matter pregnant in writing, or of
record ; or upon contempt of the defendant in not ap-
pearing, or not answering, or trifling with the court
by insufficient answering. For then it may be thought
that the defendant stands out upon purpose to get the
start at the common law, and so to 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 exhi-
bited ; and for the space of a year at the least before,
except the possession were gotten by force or any
trick.

Neither will I alter possession upon interlocu- ©

tory orders, until a decree; except upon matter
plainly confessed in the defendant’s answer, joined
also with a plain disability and insolvency in the
defendant to answer the profits.

As for taking of possession away in respect of
contempts, I will have all the process of the court
spent first, and a sequestration of the profits before
I come to an injunction.

HIS PLACE IN CHANCERY. 249

The fourth point is concerning the communicat-
ing of the authority of the chancellor too far; and
making, upon the matter, too many chancellors, by
relying too much upon the 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 the 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 gene-
rally shall be this; I will make no binding order
upon any report of one of the masters, without giving
aseven-night’s day at the least, to shew cause against
the report, which nevertheless I will have done mo-
destly, and 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 and thus, that then it
is so ordered without farther motion; for that itis a
surprise, and giveth no time for contradiction.

The last point of excess is, if a chancellor shall
be so much of himself, as he shall neglect assistance
of reverend judges in cases of difficulty, especially if
they touch upon law, or calling them, shall do it but
‘pro forma tantum,” and give no due respect to their
opinions: wherein, my lords, preserving the dignity
and majesty of the court, which I account rather in-
creased than 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 assistance. Nay, I assure your lordships,

250 SPEECH ON TAKING

if I should find any main diversity of opinion of my
assistants from mine own, though I know well the
judicature of the court wholly resteth in myself; yet
I think I should have recourse to the oracle of the
king’s own judgment, before I should pronounce.
And so much for the temperate use of the authority
of this court ; for surely the health ofa court, as well
as of a body, consisteth 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 passing thesame. Out of
both which I extract these six principal cases which I
will now make known: all which, nevertheless, I un-
derstand to be wholly submitted to his majesty’s will
and pleasure, after by me he shall have been inform- |
ed; forif “ iteratum mandatum” be 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 chancel-
lor 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 I will
make stay of it till his majesty’s pleasure be farther
known.

Secondly, if it be a grant that is not merely yul-
gar, and hath not of course passed at the signet by a
“fac simile,” but needeth science, my duty shall be

HIS PLACE IN CHANCERY. ee |

to examine whether it hath passed by the learned
counsel and had their docket; which is that his
majesty reads, and leads him. And if I find it other-
wise, although the matter were not in itself inconve-
nient, yet I hold it a just cause of stay, for precedent’s
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 spake it, or I wrote it, but I granted it
not if it be unjust :” 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. And as for the judges, they are judges of
grants past, but not of grants to come, except the
king call them.

Fourthly, ifthe grants be against the king’s public
book of bounty, I am expressly commanded to stay
them until the king either revise his book in general,
or give direction in particular.

Fifthly, 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,
and murmur of the people; I will not trust mine own
judgment, but I will either acquaint his majesty with
it, or the council table, or some such of my lords as
I shall think fit.

_ Lastly, for matter of pardons; if it be for treason,
Misprision, murder, either expressed or involute, by
a“ non-obstante ;” or of piracy, or of “ preemunire,” or

252 SPEECH ON TAKING

of fines, or exemplary punishment in the star-chambert,
or 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, how far
grace shall abound or super-abound.

And if it be of persons attainted and convicted of
robbery, burglary, etc. then will I examine whether
the pardons passed 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.

And your lordships see in this matter of the seal,
and his Majesty’s royal commandment concerning the
same, 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 pre-_

cepts concerning speedy justice, it rests much upon
myself, and much upon others: yet so, as my pro-
curation may give some remedy and order to it. For
myself, I am resolved that my decree shall come
speedily, if not instantly, after the hearing, and my
signed decree speedily upon my decree pronounced.
For it hath been a manner much used of late in my
last lord’s time, of whom I learn much to imitate,

and somewhat to avoid; that upon the solemn and —

full hearing ofa cause nothing is pronounced in court,
but breviates are required to be made; whichI do
not dislike in itself in causes perplexed. For I con-

HIS PLACE IN CHANCERY. 253

fess I have somewhat of the cunctative; and I am of
opinion, that whosoever is not wiser upon advice than
upon the sudden, the same man was no wiser at fifty
than he was at thirty. And it was my father’s ordi-
nary word, “ You must give me time.” But yet I
find when such breviates were taken, the cause was
sometimes forgotten a term or two, and then set down
for a new hearing, three or four terms after. And in
the mean time the subjects pulse beats swift, though
the chancery pace be slow. Of which kind of inter- .
mission 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 the least
in the vacation. after the pronouncing. For fresh
justice is the sweetest. And to the end that there
be no delay of justice, nor any other means-making
or labouring, but the labouring of the counsel at the
bar.

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 [ would reserve in some measure free from

_ business of estate, and for studies, arts and sciences,

_ to which in my own nature I am most inclined.
There is another point of true expedition, which

254 SPEECH ON TAKING

resteth much in myself, and that is in my manner of
giving orders. For I have seen an affectation of
dispatch turn utterly to delay at length: for the
manner of it is to take the tale out of the counsellor
at the 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 sat in chancery; that he would
make forty 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

sixty, eighty, an hundred orders in a cause, to 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 soonest bring
the subject to the end of his journey.

As for delays that may concern others, first the

great abuse 1s, that if the plaintiff have got an in- _

junction to stay suits at the common law, then he

will spin out his cause at length. But by the grace ©
of God I will make injunctions but an hard pillow

to sleep on; for if I find that he prosecutes not with

effect, he may perhaps, 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 _

HIS PLACE IN CHANCERY. 255

will not trouble you now, because “summa sequar
fastigia rerum.” And so much for matter of ex-
pedition.

Now for the fourth and last point of the king’s
commandment; for the cutting off unnecessary charge
of the subject, a great portion of it is fulfilled in the
precedent article; for it is the length of suits that
doth multiply charges chiefly; but yet there are
some other remedies that do conduce thereunto.

First, therefore, I will maintain strictly, and with
severity, the former orders which I find my lord
chancellor hath taken, for the immoderate and need-
less 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 examiners, upon
peril of losing their places, that they do not use any
idle repetitions, or needless circumstances, in setting
down the depositions taken by them; and I would
I could help it likewise mm the country, but that is
almost impossible.

Thirdly, I shall take a diligent survey of the
copies in chancery, that they have their just number
of lines, and without open and wasteful writing.

Fourthly, I shall be careful there be no exaction
of any new fees, but according as they have been
heretofore set and tabled. |
| As for lawyers fees, I must leave that to the con-
science and merit of the lawyer; and the estimation

256 SPEECH ON TAKING

and gratitude of the client: but this I can do; I
know there have used to attend this bar a number
of lawyers that have not been heard sometimes, and
scarce once or twice in a term; and that makes the
client seek to great counsel and favourites, as they
call them, for every order that a mean lawyer might
as well dispatch, a term fitter for kings than judges.
And therefore to help the generality of lawyers, and
therein to ease the client, I will constantly observe
that every Tuesday, and other days of orders, af-
ter nine o’clock strucken, I will hear the bar until
eleven, or half an hour after ten at the least. And
since I am upon the point whom I will hear, your
lordships will give me leave to tell you a fancy. It
falleth out, that there be three of us the king’s ser-
vants in great places, that are lawyers by descent,
Mr. Attorney son of a judge, Mr. Solicitor likewise
son of a judge, and myself a chancellor’s 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 judge’s son before a
serjeant, and any serjeant’s son before a reader, if
there be not many of them.

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, than hath been hitherto used.

There be divers orders for the better reglement
of this court; and for granting of writs, and for
granting of benefices and others, which I shall set
down ina table. But I will deal with no other to-

eb,
sels

| tratus prestat optime legi;’

HIS PLACE IN CHANCERY. 957

day but such as have a proper relation to his Ma-
jesty’s commandment; it being my comfort that I
serve such a master, that I shall need to be but a

_ conduit only for the conveying of his goodness to his

people. And it is true, that I do affect and aspire

| to make good that saying, that “Optimus magis-

5

which is true in his
Majesty. And for myself, I doubt, I shall not attain
it. But yet I have a domestic example to follow.
My lords, I have no more to say, but now I will go
on to the business of the court.

VOL, Vil. Ss

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.

Tue 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
sheweth, 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 govern-
ment, as the other have in the great frame of the

SPEECH BEFORE THE SUMMER CIRCUITS. 259

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 de-
formed thing: and “ plaudites” are fitter for players
than 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 un-
equal; 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

ales napcnern nen nrere

I desire law may be maintained and flourish; that

every court should have its jurisdiction; that every
subject should submit himself to the law.” And of

this you have had of late no small occasion of notice

and remembrance, by the great and strait charge

260 SPEECH BEFORE THE SUMMER CIRCUITS.

that the King hath given me as keeper of his seal, for
the governing of the chancery without tumour or
excess.

Again, “e re nata,” you at this present ought to
make the people know and consider the King’s blessed
care and providence in governing this realm in his
absence ; so that sitting at the helm of another king-
dom, not 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.

IT assure you, my lords of the council and I do
much admire the extension and latitude of his care
in. all things.

In the high commission he did conceive a sinew
of government wasa 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 in
Scotland.

Touching the infestation of pirates, he hath
been careful, and is, and hath put things in a 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 council 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.

«7

SPEECH BEFORE THE SUMMER CIRCUITS. 261

As for the other glass I told you of, of represent-
ing to the King the griefs of his people, without
doubt it is properly your part; for the King ought
to be informed of any thing amiss in the state of his
countries from the observations and relations of the
judges, that indeed know the pulse of the country,
rather than 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 1s 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. St. Augustin hath a good comparison
of such men, affirming, that they are like the roots of
nettles, which themselves sting not, but yet they
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 reeommended both to you and to the justices,

the countenancing of godly and zealous preachers.
I mean not sectaries or novellists, but those which
are sound and conform, and 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,

4

262 SPEECH BEFORE THE SUMMER CIRCUITS.

as much as may be, of faction in the countries, of
which ensue infinite inconveniences, and perturba-
tions 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 apt-one, for he saith,
« Eos, qui otium perturbant, reddam otiosos.” ‘Those
that trouble others quiet, I will give them quiet ;
they shall have.nothing to do, nor no authority shall
be put into their hands. If I may know from you,
of any whoare 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
speech, by being your immediate director, and by
sorting you and your service with the service of am-
bassadors, and of his nearest attendance. 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 or commission into the govern-
ment of Scotland, as that glorious King, Edward the
third, did plant this commission here in this king-
dom. 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 Jongs,
Tue King’s most excellent Majesty, being duly in-

formed of your sufficiency every way, hath called

you, by his writ now returned, to the state and degree
of a serjeant at law; but not to stay there, but,
being so qualified, to serve him as his chief 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 serjeant’s 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 in-
tegrity of Sir Robert Gardiner ; the gravity, temper,

and direction of Sir James Lea; the quickness, in-

264 SPEECH OF SIR W. JONES,

dustry, and dispatch of Sir Humphry Winch; the
care and affection to the commonwealth, and the
prudent and politic administration of Sir John Den-
ham, 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 KEurope,’ which hath been re-
claimed from desolation, and a desart, in many parts,
to population and plantation; and from savage and
barbarous customs to humanity and civility. This
is the King’s work in chief: it is his garland of he-
roical virtue and felicity, denied to his progenitors,
and reserved to his times. The work is not yet con-
ducted 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 governor, and a
good chief justice, as if it were in England, but under

LORD CHIEF JUSTICE. 265

the King and the deputy you are to bea 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 Wexford, which is now in distri-
bution ; 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 ordi-
nances of plantation.

The second is, that you be careful of the King’s
revenue, and by little and little constitute him a good
demesne, 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 mani-
fold 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’s speech :

I had forgotten one thing, which was this. You
may take exceeding great comfort, that you shall

266 SPEECH TO SIR W. JONES.

serve with such a deputy; one that, I think, is a
man ordained of God to do great good to that king-
dom. And this I think good to say to you, that the
true temper of a chief justice towards a deputy is,
neither servilely 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, IN 1617.

Sir Joun Denuam,

Tue 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 shewed yourself a good judge between
party and party, so you have shewed yourself a good
administer of the revenue, both when you were chief
baron, and since as counsellor of estate there in Ire-
land, where the council, as you know, doth in great |
part manage and messuage the revenue.

And to both these parts I will apply some admo-
nitions, but not vulgar or discursive, but apt for
the times, and in few words, for they are best: re-
membered.

First therefore, above all you ought to maintain

_ the King’s prerogative, and to set down with your-

self, that the King’s prerogative and the law are not
two things; but the King’s prerogative is law, and

268 SPEECH TO SIR JOHN DENHAM.

the principal part of the law, the first-born or “ pars
prima” of the law; and therefore in conserving or
maintaing 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 reve-_

nue; and also with the ancient records and prece-
dents 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 and ornaments: but it was
the grave records and precedents that grounded the
judgment 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 ex-
tent; 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, then the ex-
chequer is sick: and when there is much benefit to

the King, with less trouble and vexation to the sub- |

ject, then the exchequer is sound. As for example;
if there shall be much racking for the King’s old

—

pes

SPEECH TO SIR JOHN DENHAM. 269

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 ; orif there be much
ado to get the King new land upon concealments,

-and that which he hath already be not 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 under-
takings and their projects to disturb the ancient
frame of the exchequer; than the which, I am per-
suaded, there is not a better, this being the burden

of the song: That much goeth out of the subject’s
purse, and little cometh to the king’s purse. There-
fore, 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. Serseant Hurrton,

Tuer King’s most excellent majesty, being duly in-
formed of your learning, integrity, discretion, expe-
rience, means, and reputation in your country, hath
thought fit not to leave you these talents to be em-
ployed upon yourself only, but to call you to serve
himself, and his people, in the place of one of his jus-
tices of the court of 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 outlawry; 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
head-strong, but heart-strong; and to weigh and.

remember with yourself, that the twelve judges of
2

SPEECH TO JUSTICE HUTTON. aie

the realm are as the twelve lions under Solomon’s
throne: they must shew their stoutness in elevating
and bearing up the throne. To represent unto you
the lines and portraitures of a good judge :

1, The first is, that you should drawyour 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 should be a light to jurors to open
their eyes, but not a guide to lead them by the noses.

7. That you affect not the opinion of pregnancy
and expedition by animpatient and catching hearing
of the counsellors 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 shew 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 merestones, without remov-
ing the mark.

11. Lastly, That you carry such a hand over your

at i SPEECH TO JUSTICE HUTTON.

ministers and clerks, as that they may rather be in
awe of you, than 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.

PP

ORDINANCES MADE BY THE LORD CHANCELLOR
BACON, FOR THE BETTER AND MORE
REGULAR ADMINISTRATION OF JUSTICE IN THE
CHANCERY, TO BE DAILY OBSERVED,
SAVING THE PREROGATIVE OF THE COURT.

No decree shall be reversed, altered, or explained,
being once under the great seal, but upon bill of re-

view : and no bill of review shall be admitted, except

it contain either error in law, appearing in the body
of the decree, without farther examination of matters
in fact, or some new matter which hath risen in time
after the decree, and not any new proof which might
have been used when the decree was made: never-
theless upon new proof, that is come to light after
the decree made, and could not possibly have been
used at the time when the decree passed, a bill of
review may be grounded by the special license of
the court, and not otherwise. |

2. In case of miscasting, being a matter demon-
strative, a decree may be explained, and reconciled
by an order without a bill of review; not understand-
ing, by miscasting, any pretended misrating or mis-

valuing, but only error in the auditing or numbering.

3. No bill of review shall be admitted, or any

other new bill, to change matter decreed, except the

decree be first obeyed and performed : as, if it be for

VOL. VII. i

274 ORDINANCES IN CHANCERY.

land, that the possession be yielded; if it be for
money, that the money be paid; if it be for evidences,
that the evidences be brought in; and so in other
cases which stand upon the strength of the decree
alone.

4, But if any act be decreed to be done which
extinguisheth the parties right at the common law,
as making of assurance or release, acknowledging
satisfaction, cancelling of bonds, or evidences, and the
like ; those parts of the decree are to be spared until
the bill of review be determined; but such sparing is
to be warranted by public order made in court.

5. No bill of review shall be put in, except the
party that prefers it enter into recognizance with
sureties for satisfying of costs and damages for the
delay, if it be found against him.

6. No decrees shall be made, upon pretence of

equity, against the express provision of an act of par- —

liament: nevertheless if the construction of such act
of parliament hath for a time gone one way in gene-
ral opinion and reputation, and after by a later judg-
ment hath been controlled, then relief may be given
upon matter of equity, for cases arising before the
said judgment, because the subject was in no default.

7. Imprisonment for breach of a decree is in
nature of an execution, and therefore the custody

ought to be strait, and the party not to have any.

liberty to go abroad, but by special licence of the
lord chancellor; but no close imprisonment is to be,
but by express order for wilful and extraordinary
contempts and disobedience, as hath been used.

ORDINANCES IN CHANCERY. 275

8. In case of enormous and obstinate disobedience
in breach of a decree, an injunction is to be granted
“sub peena” of a sum; and upon affidavit, or other
sufficient proof, or persisting in contempt, fines are
to be pronounced by the lord chancellor in open
court, and the same to be estreated down into the
hanaper, if cause be, by a special order.

9. In case of a decree made for the possession of
land, a writ of execution goes forth; and if that be
disobeyed, then process of contempt according to the
course of the court against the person, unto a com-
mission of rebellion; and then a serjeant at arms by
special warrant: and in case the serjeant at arms
cannot find him, or be resisted; or upon the coming
in of the party, and his commitment, if he persist in
disobedience, an injunction is to be granted for the
possession ; and in case also that be disobeyed, then
acommission to the sheriff to put him into posses-
sion.

10. Where the party is committed for the breach
of a decree, he is not to be enlarged until the decree
be fully performed in all things, which are to be
done presently. But if there be other parts of the
decree to be performed at days, at times to come,

then he may be enlarged by order of the court upon
recognizance, with sureties to be put in for the per-
formance thereof “ de futuro,” otherwise not.

11. Where causes come to a hearing in court,
no decree bindeth any person who was not served
with process “ ad audiendum judicium,” according

276 ORDINANCES IN CHANCERY.

to the course of the court, or did appear “ gratis” in
person in court.

12. No decree bindeth any that cometh in “ bona
fide,” by conveyance from the defendant before the

bill exhibited, and is made no party, neither by bill -

nor the order: but where he comes in “ pendente
lite,” and while the suit is in full prosecution, and
without any colour of allowance or privity of the
court, there regularly the decree bindeth; but if
there were any intermission of suit, or the court made

acquainted with the conveyance, the court is to give

order upon the special matter according to justice.

13. Where causes are dismissed upon full hear-

ing, and the dismission signed by the lord chancellor,
such causes shall not be retained again, nor new bill
exhibited, except it be upon new matter, like to the
case of the bill of review.
14. In case of all other dismissions, which are
not upon hearing of the cause, if any new bill. be
brought, the dismission is to be pleaded ; and after
reference and report of the contents of both suits,
and consideration taken of the former orders and
dismission, the court shall rule the retaining or dis-
missing of the new bill, according to justice and na-
ture of the case.

15. All suits grounded upon wills nuncupative,
leases parol, or upon long leases that tend to the
defeating of the king’s tenures, or for the establishing
of perpetuities, or grounded: upon remainders put
into the crown, to defeat purchasers ; or for brokage

ORDINAEGES IN CHANCERY. 277

or rewards to make marriages; or for bargains at
play and wagers ; or for bargains for offices contrary
to the statute of 5 and 6 Ed. VI. or for contracts
upon usury or simony, are regularly to be dismissed
upon motion, if they be the sole effect of the bill;
and if there be no special circumstances to move the
court to allow their proceedings, and all suits under
the value of ten pounds, are regularly to be dismissed.
V. postea § 58. 60.

16. Dismissions are properly to be prayed, and
had, either upon hearing, or upon plea unto the bill,
when the cause comes first into court ; but dismissions
are not to be prayed after the parties have been at
charge of examination, except it be upon special cause.

17. If the plaintiff discontinue the prosecution,
after all the defendants have answered, above the
space of one whole term, the cause is to be dismissed
of course without any motion; but after replication
put in, no cause is to be dismissed without motion
and order of the court.

18. DovurLE vexation is not to be admitted; but
if the party sue for the same cause at the common
law and in chancery, he is to have a day given to
make his election where he will proceed, and in de-
fault of making such election to be dismissed.

19. Where causes are removed by special “ cer- -
tiorari” upon a bill containing matter of equity, the

_ plaintiff is, upon receipt of his writ, to put in bond
_ to prove his suggestions within fourteen days after
_ the receipt ; which, if he do not prove, then upon
certificate from either of the examiners, presented to

278 ORDINANCES IN CHANCERY.

the lord chancellor, the cause shall be dismissed with
costs, and a “ procedendo” to be granted.

20. No injunction of any nature shall be granted,
revived, dissolved, or stayed upon any private petition.

21. No injunction to stay suits at the common
law shall be granted upon priority of suit only, or
upon surmise of the plaintiff’s bill only ; but upon
matter confessed in the defendant’s answer, or mat-
ter of record, or writing plainly appearing, or when
the defendant is in contempt for not answering, or
that the debt desired to be stayed appeareth to be
old, and hath slept long, or the creditor or the
debtor hath been dead some good time before the
suit brought.

22. Where the defendant appears not, but sits
an attachment; or when he doth appear, and de-
parts without answer, and is under attachment for
not answering ; or when he takes oath he cannot
answer without sight of evidences in the country;
or where after answer he sues at common law by
attorney, and absents himself beyond sea; in these
cases an injunction is to be granted for the stay of
all suits at the common law, until the party answer
or appear in person in court, and the court give far-
ther order: but nevertheless upon answer put in, if
there be no motion made the same term, or the next
general seal after the term, to continue the injunc-
tion in regard of the insufficiency of the answer put
in,or in regard of matter confessed in the answer,
then the injunction to die and dissolve without any
special order.

ORDINANCES IN CHANCERY. 279

23. In the case aforesaid, where an injunction, is
to be awarded for stay of suits at the common law,
if the like suit be in the chancery, either by “ scire

facias,” or privilege, or English bill, then the suit is.

to be stayed by order of the court, as it is in other
courts by injunction, for that the court cannot in-
join itself.

24. Where an injunction hath been obtained for
staying of suits, and no prosecution is had for the
space of three terms, the injunction is to fall of
itself without farther motion.

25. Where a bill comes in after an arrest at the

common law for debt, no injunction shall be granted

without bringing the principal money into court, ex-
cept there appear in the defendant’s answer, or by
sight of writings, plain matter tending to discharge
the debt in equity: but if an injunction be awarded
and disobeyed, in that case no money shall be
brought in, or deposited, in regard of the con-
tempt.

26. Injunctions for possession are not to be
granted before a decree, but where the possession
hath continued by the space of three years, before
the bill exhibited, and upon the same title; and
not upon any title by lease, or otherwise deter-
mined.

27. In case where the defendant sits all the pro-
cess of contempt, and cannot be found by the ser-
jeant at arms, or resists the serjeant, or makes rescue, a
sequestrationshall be granted of the land in question ;

280 ORDINANCES IN CHANCERY.’

and if the defendant. render not himself within the
year, then ‘an injunction for the possession.

28. Injunctions against felling of timber, plough-
ing up of ancient pastures, or for the maintaining of -
inclosures, or the like, shall be granted according
to the circumstances of the case; but not in case
where the defendant upon his answer claimeth an
estate of inheritance, except it be where he claimeth
the land in trust, or upon some other special ground.

29. No sequestration shall be granted but of
lands, leases, or goods in question, and not of any
other lands or goods, not contained in the suits.

30. Where a decree is made for rent to be paid
out of land, or a sum of money to be levied out of
the profits of land, there a sequestration of the same
lands, being in the defendant’s hands, may be
granted.

31. Where the decrees of the provincial council, —
or of the court of requests, or the queen’s court, are
by contumacy or other means interrupted; there
the court of chancery, upon a bill preferred for cor-
roborations of the same jurisdictions, decrees, and
sentences, shall give remedy.

32. Where any cause comes to a hearing, that
hath been formerly. decreed in any other of the king’s
courts at Westminster, such decree shall be first
read, and then to proceed to the rest of the evidence
on both sides.

33. Suits after judgment may be admitted ac-
cording to the ancient custom of the chancery, and

ORDINANCES IN CHANCERY. 28t

the late royal decision of his majesty, of record, after
solemn and great deliberation : but in such suits it
is ordered, that bond be put in with good sureties to
prove the suggestions of the bill.

34. Decrees upon suits brought after judgment
shall contain no words to make void or weaken the
judgment, but shall only correct the corrupt consci-
ence of the party, and rule him to make restitution,
or perform other acts, according to the equity of the
cause.

35. The registers are to be sworn, as hath been
lately ordered. |

36. If any order shall be made, and the court
not informed of the last material order formerly
made, no benefit shall be taken by such order, as
granted by abuse and surreption; and to that end
the registers ought duly to mention the former order
in the later.

37. No order shall be explained upon any pri-
vate petition but in court as they are made, and the
register is to set down the orders as they were pro-
nounced by the court, truly, at his peril, without
trouvling the lord chancellor, by any private attend-
ing of him, to explain his meaning; and if any
explanation be desired, it is to be done by public
motion, where the other party may be heard.

38, No draught of any order shall be delivered
by the register to either party, without keeping a
copy by him, to the end that if the order be not
entered, nevertheless the court may be informed

282 ORDINANCES IN CHANCERY.

what was formerly done, and not put to new trouble
and hearing; and to the end also that knowledge
of orders be not kept back too long from either
party, but may presently appear at the office.

39. Where a cause hath been debated upon
hearing of both parties, and opinion hath been deli-
vered by the court, and nevertheless the cause
referred to treaty, the registers are not to omit the
opinion of the court, in drawing of the order of
reference, except the court doth specially declare
that it be entered without any opinion either way ;
in which case nevertheless the registers are out of
their short note to draw up some more full remem-
brance of that that passed in court, to inform the
court if the cause come back and cannot be agreed. |

40. The registers, upon sending of their draught
unto the counsel of the parties, are not to respect the
interlineations, or alterations of the said counsel, be the
said counsel never so great, farther, than to put them
in remembrance of that which was truly delivered in
court, and so to conceive the order, upon their oath
and duty, without any farther respect.

41. The registers are to be careful in the pen-
ning and drawing up of decrees, and special mat-
ters of difficulty and weight; and therefore when
they present the same to the lord chancellor, they
ought to give him understanding which are such
decrees of weight, that they may be read and re-
viewed before his lordship sign them.

42, The decrees granted at the rolls are to be

ORDINANCES IN CHANCERY. 288

presented to his lordship, with the orders where-
upon they are drawn, within two or three days after
every term. | 7

43. Injunctions for possession, or for stay of suits
after verdict, are to be presented to his lordship,
together with the orders whereupon they go forth,
that his lordship may take consideration of the order
before he sign them.

44, Where any order upon the special nature of
the case shall be made against any of these general
rules, there the register shall plainly and expressly
set down the particulars, reasons and grounds, mov-
ing the court to vary from the general use.

45. No reference upon a demurrer, or question
touching the jurisdiction of the court, shall be made
to the masters of the chancery ; but such demurrers
shall be heard and ruled in court, or by the lord
chancellor himself.

46. No order shall be made for the confirming
or ratifying of any report without day first given,
by the space of a sevennight at the least, to speak
to it m court.

47. No reference shall be made to any masters
of the court, or any other commissioners to hear and
determine, where the cause is gone so far as to exa-
mination of witnesses, except it be in special causes
of parties near in blood, or of extreme poverty, or by
consent and general reference of the estate of the
cause, except it be by consent of the parties to he
sparingly granted.

284 ORDINANCES IN CHANCERY.

48. No report shall be respected in court, which
exceedeth the warrant of the order of reference.

49. The masters of the court are required not
to certify the state of any cause, as if they would
make breviate of the evidence on both sides, which
doth little ease the court, but with some opinion ;
or otherwise, in case they think it too doubtful to
give opinion, and therefore make such special certi-
ficate, the cause is to go on to a judicial hearing,
without respect had to the same.

50. Matters of account, unlessit bein very weighty
causes, are not fit for the court, but to be prepared
by reference, with this difference nevertheless, that
the cause comes first to a hearing; and upon the
entrance into a hearing, they may receive some
direction, and be turned over to have the accounts
considered, except both parties, before a hearing, do
consent to a reference of the examination of the
accounts, to make it more ready for a hearing.

51. The like course to be taken for the examina-
tion of court rolls, upon customs and copies, which
shall not be referred to any one master, but to two
masters at the least.

52. No reference to be made of the insufficiency
of an answer, without shewing of some particular
point of the defect, and not upon surmise of the in-
sufficiency in general.

53. Where a, trust is confessed by the defendant’ s
answer, there needeth no farther hearing of the
cause, but a reference presently to be made upon

ORDINANCES IN CHANCERY. 285

the account, and so to goon to a hearing of the

‘accounts.

54. In all suits where it shall appear, upon the
hearing of the cause, that the plaintiff had not “ pro-
babilem causam litigandi,” he shall pay unto the
defendant his utmost costs, to be assessed by the
court.

55. If any bill, answers, replication, or rejoinder,
shall be found of an immoderate length, both the
party and the counsel under whose hand it passeth
shall be fined.

56. If there be contained in any bill, answer,-or
other pleadings, or any interrogatory, any matter
libellous or slanderous against any that is not party
to the suit, or against such as are parties to the
suit, upon matters impertinent, or in. derogation of
the settled authorities of any of his majesty’s court ;
such bills, answers, pleadings, or interrogatorie

‘shall be taken off the file and suppressed, and the

parties severally punished by commitment or igno-
miny, as shall be thought fit, for the abuse of the
court; and the counsellors at law, who have set
their hands, shall likewise receive > Teproof or punish-

-ment, if cause be.

57. Demurrers and pleas which tend to discharge
the suit shall be heard first upon every day of or-
ders, that the subject may know whether he shall

-need farther attendance or no.

58. A demurrer is properly upon matter defec-

- tive, contained in the bill itself, and no foreign mat-
.ter; but a plea is of foreign matter to discharge or

286 ORDINANCES IN CHANCERY.

stay the suit, as that the cause hath been formerly
dismissed, or that the plaintiff is outlawed, or excom-
municated ; or there is another bill depending for
the same cause, or the like: and such plea may be
put in without oath, in case where the matter of the
plea appear upon record; but if it be any thing
that doth not appear upon record, the plea must be
upon oath.

59. No plea of outlawry shall be allowed with-
out pleading the record “ sub pede sigilli;” nor plea
of excommunication, without the seal of the ordi-
nary. ie

60. Where any suit appeareth upon the bill to

be of the natures which are regularly to be dismissed
according to the fifteenth ordinance, such matter is
to be set forth by way of demurrer.

61. Where an answer shall be certified insuffi-
cient, the defendant is to pay costs: and if a second
answer be returned insufficient, in the points before
certified insufficient, then double costs, and upon
the third treble costs, and upon the fourth quadru-
ple costs, and then to be committed also until he
hath made a perfect answer, and to be examined
upon interrogatories touching the points defective
in his answer; but if any answer be certified suffi-
cient, the plaintiff is to pay costs.

62. No insufficient answer can be taken hold of
after replication put in, because it is admitted suf-
ficient by the replication.

63. An answer to a matter charged as the de-
fendant’s own fact must be direct, without saying it

ORDINANCES IN CHANCERY. 287

is to his remembrance, or as he believeth, if it be
laid down within seven years before; and if the
defendant deny the fact, he must traverse it directly,
and not by way of negative pregnant ; as if a fact
be laid to be done with divers circumstances, the
defendant may not traverse it literally as it is laid
in the bill, but must traverse the point of substance;
so if he be charged with the receipt of one hundred
pounds, he must traverse that he hath not received a
hundred pounds, or any part thereof; and if he have
received part, he must set forth what part.

64. If a hearing be prayed upon bill and answer,
the answer must be admitted to be true in all points,
and a decree ought not to be made, but upon hear-
ing the answer read in court.

65. Where no counsel appears for the defendant
at the hearing, and the process appears to have been
served, the answer of such defendant is to be read in
court. |

66. No new matter is to be contained in any
replication, except it be to avoid matter set forth in
the defendant’s answer.

67. All copies in chancery shall contain fifteen
lines in every sheet thereof, written orderly and un-
wastefully, unto which shall be subseribed the name
of the principal clerk of the office where it is writ-
ten, or his deputy, for whom he will answer, for
which only subscription no fee at all shall be taken.

68. All commissions for examination of witnesses
shall be “ super interr. inclusis” only, and no return
of depositions into the court shall be received, but

288 ORDINANCES IN CHANCERY.
'

such only as shall be either compromised in one roll,
subscribed with the name of the commissioners, or
else in divers rolls, whereof each one shall be so

subscribed.

69. If both parties join in commission, and upon —

warning given the defendant bring his commissioners,

but produceth no witnesses, nor ministereth interroga-_
tories, but after seek a new commission, the same

shall not be granted: but nevertheless upon some
extraordinary excuse of the defendant’s default, he
may have liberty granted by special order to examine
his witnesses in court upon the former interrogato-
ries, giving the plaintiff or his attorney notice, that
he may examine also if he will.

70. The defendant is not to be examined upon
interrogatories, except it be in very special cases, by
express order of the court, to sift out some fraud or
practice pregnantly appearing to the court, or other-
wise upon offer of the plaintiffto be concluded by the
answer of the defendant without any liberty to dis-
prove such answer, or to impeach him after of perjury.

71. Decrees in other courts may be read upon
hearing without the warrant of any special order:
- but no depositions taken in any other court are to be
read but by special order; and regularly the court
granteth no order for reading of depositions, except
“it be between the same parties, and upon the same
tae a cause of suit.

. No examination is to be had of the credit of
any witness but by special ores which is sparingly
to be granted, —

ORDINANCES IN CHANCERY. 289

73. Witnesses shall not be examined “ in perpe-
tuam rei memoriam,” except it be upon the ground
of a bill first put in, and answer thereunto made, and
the defendant or his attorney made acquainted with
the names of the witnesses that the plaintiff would
have examined, and so publication to be of such
witnesses; with this restraint nevertheless, that no
benefit shall be taken of the depositions of such wit-
nesses, in case they may be brought “ viva voce”
upon the trial, but only to be used in case of death
before the trial, or age, or impotency, or absence out
of the realm at the trial.

74, No witnesses shall be examined after publi-
cation, except it be by consent, or by special order,
“ ad informandam conscientiam judicis,” and then to
be brought close sealed up to the court to peruse or
publish, as the court shall think good.

75. No. affidavit shall be taken or admitted by
any master of the chancery, tending to the proof or
disproof of the title, or matter in question, or touching
the merits of the cause; neither shall any such mat-
ter be colourably inserted in any affidavit for serving |
of process.

76. No affidavit shall be taken against affidavit,
as far as the masters of the chancery can have know-
ledge ; and if any such be taken, the latter affidavit
shall not be used nor read in court.

77. Incase of contempts grounded upon force or
ill words, upon serving of process, or upon words of
scandal of the court, proved by affidavit, the party is
forthwith to stand committed; but for other con.
|: YOL. VII. u

290 ORDINANCES IN CHANCERY.

tempts against the orders or decrees of the court, an

attachment goes forth, first, upon an affidavit made, —

and then the party is to be examined upon interro-
gatories, and his examination referred; and if upon
his examination he confess matter of contempt, he is
to be committed; if not, the adverse party may ex-
amine witnesses to prove the contempt: and there-
fore if the contempt appear, the party is to be com-
mitted; but if not, or if the party that pursues the

contempt do fail in putting in interrogatories, or

other prosecution, or fail in the proof of the contempt,
then the party charged with the contempt is to be
discharged with good costs.

78. They that are in contempt, specially so far

as proclamation of rebellion, are not to be heard,

neither in that suit, nor any other, except the court —

of special grace suspend the contempt.

79. Imprisonment upon contempt for matters
past may be discharged of grace, after sufficient pu-
nishment, or otherwise dispensed with: but if the
imprisonment be for not performance of any order of
the court in force, they ought not to be discharged
except they first obey, but the contempt my be
suspended for a time.

80. InJuNCTIONs, sequestration, dismissions, re-
tainers upon dismissions, or final orders, are not to
be granted upon petitions.

81. No former order made in court is to be alter-
ed, crossed, or explained upon any petition; but

such orders may be stayed upon petition for a small

stay, until the matter may be moved in court.

————

ORDINANCES IN CHANCERY. 291

82. No commission for examination of witnesses
shall be discharged; nor no examinations or deposi-
tions shall be suppressed upon petition, except it be
upon point of course of the court first referred to the
clerks, and certificate thereupon. }

83. Nodemurrer shall be overruled upon petition.

84. No “scire facias” shall be awarded upon
recognizances not enrolled,. nor upon recognizances
enrolled, unless it be upon examination of the record
with the writ; nor no recognizance shall] be enrolled
after the year, except it be upon special order from
the lord chancellor.

85. No writ of “ ne exeat regnum,” prohibition,
consultation, statute of Northampton, “certiorari” spe-
cial, or * procedendo” special, or “ certiorari” or ‘‘ pro-
cedendo” general, more than once in the same cause ;
« habeas corpus,” or “corpus cum causa,vi laica remo-
vend,” or restitution thereupon, ‘ de coronatore et
viridario eligendo,” incase of a moving “de homine
repleg.assiz.” or special patent, “ deballivo amovend’,
certiorari super presentationibus fact. coram commis-
sarlis sewar’,” or “ ad quod dampnum,” shall pass with-
out warrant under the lord chancellor’s hand, and
signed by him, save such writs “ad quod dampnum,”
as shall be signed by master attorney.

86. Writs of privilege are to be reduced to a
better rule, both for the number of persons that shall
be privileged, and for the case of the privilege: and
as for the number, it shall be set down by schedule:
for the case, it is to be understood, that besides persons
privileged as attendants upon the court, suitors and

°
4

292 ORDINANCES IN CHANCERY.

witnesses are only to have privilege, “ eundo, rede- —

undo, et morando,” for their necessary attendance,
and not otherwise; and that such writ of privilege
dischargeth only an arrest upon the first process, but
yet, where at such times of necessary attendance the
party is taken in execution, it is a contempt to the
court, and accordingly to be punished.

87. No “suplicavit” for the good behaviour shall
be granted, but upon articles grounded upon the
oath of two at the least, or certificate upon any one
justice of assize, or two justices of the peace, with
affidavit that it is their hands, or by order of the star-
chamber, or chancery, or other of the king’s courts.

88. No recognizance of the good behaviour, or

the peace, taken in the country, and certified into

the petty bag, shall be filed in the year without
warrant from the lord chancellor.

89. Writs of “ne exeat regnum” are properly to
be granted according to the suggestion of the writ,

in respect of attempts prejudicial to the king and |

state, in which case the lord chancellor will grant
them upon prayer of any the principal secretaries
without cause shewing, or upon such information as
his lordship shall think of weight: but otherwise
also they may be granted, according to the practice
of long time used, in case of interlopers in trade,
great bankrupts, in whose estate many subjects are
interested, or other cases that concern multitudes of

the king’s subjects, also in case of duels, and divers

others. eS
90. All writs, certificates, and whatsoever other

|
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|
|
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ORDINANCES IN CHANCERY. 293

process “ ret. coram Rege in Canc.” shall be brought
into the chapel of the rolls, within convenient time
after the return thereof, and shall be there filed upon
their proper files and bundles as they ought to be;
except the depositions of witnesses, which may re-
main with any of the six clerks by the space of one
year next after the cause shall be determined by
decree, or otherwise be dismissed.

91. All injunctions shall be enrolled, or the trans-
cript filed, to the end that if occasion be, the court
may take order to award writs of “ scire facias” there-
upon, as in ancient time hath been used.

92. All days given by the court to sheriffs to
return their writs, or bring in their prisoners upon
writs of privilege, or otherwise between party and
party, shall be filed, either in the register’s office, or»
in the petty-bag respectively ; and all recognisances
taken to the king’s use, or unto the court, shall be
duly inrolled in convenient time, with the clerks of
the inrollment, and calendars made of them, and the
calendars every Michaelmas term to be presented to
the lord chancellor. |

93. In case of suits upon the commissions for
charitable uses, to avoid charge, there shall need no
bill, but only exceptions to the decree, and answer
forthwith to be made thereunto; and thereupon, and
upon sight of the inquisition, and the decree brought
unto the lord chancellor by the clerk of the petty-
bag, his lordship, upon perusal thereof, will give
order under his hand for an absolute decree to be
drawn up.

294 ORDINANCES IN CHANCERY.

94. Upon suit for the commission of sewers, the
names of those that are desired to be commissioners
are to be presented to the lord chancellor in writing ;
then his lordship will send the names of some privy
counsellor, lieutenant of the shire, or justices of assize,
being resident in the parts for which the commission
is prayed, to consider of them, that they be not put
in for private respects; and upon the return of such
opinion, his lordship will give farther order for the
commission to pass.

95. No new commission of sewers shall be granted
while the first is in force, except it be upon discovery _
of abuse or fault in the first commissioners, or other-
wise upon some great or weighty ground.

96. No commission of bankrupt shall be granted
but upon petition first exhibited to the lord chancel-
_ lor, together with names presented, of which his lord-
ship will take consideration, and always mingle some
learned in the law with the rest; yet so as care be
taken that the same parties be not too often used in
commissions ; and likewise care is to be taken that
bond with good surety be entered into, in 200/. at
least, to prove him a bankrupt. :

97. No commission of delegates in any cause of
weight shall be awarded, but upon petition preferred
to the lord chancellor, who will name the commis-
sioners himself, to the end they may be persons of
convenient quality, having regard to the weight of
the cause, and the dignity of the court from whence
the appeal is.

98. Any man shall be admitted to defend “ in

ORDINANCES IN CHANCERY. 295

forma pauperis,” upon oath, but for plaintiffs they are
ordinarily to be referred to the court of requests, or
to the provincial councils, if the case arise in those
jurisdictions, or to some gentlemen in the country,
except it be in some special cases of commisseration,
or potency of the adverse party.

99. Licences to collect for losses by fire or water
are not to be granted, but upon good certificate ;
and not for decays of suretyship or debt, or any
other casualties whatsoever; and they are rarely to
be renewed ; and they are to be directed ever unto
the county where the loss did arise, if it were by fire,
and the counties that abut upon it, as the case shall
require ; and if it were by sea, then unto the county
where the port is, from whence the ship went, and
to some sea-counties adjoining.

100. No exemplification shall be made of letters
patents, “ inter alia,” with omission of the general
words; nor of records made void or cancelled; nor
of the decrees of this court not inrolled; nor of de-
positions by parcel and fractions, omitting the resi-
due of the depositions in court, to which the hand of
the examiner is not subscribed; nor of records of the
court not being imrolled or filed; nor of records of
any other court, before the same be duly certified
to this court, and orderly filed here; nor of any
records upon the sight and examination of any copy
in paper, but upon sight and examination of the
original.

101. And because time and experience may dis-

=
296 EXPOSTULATION TO LORD

cover some of these rules to be inconvenient, and
some other to be fit to be added; therefore his
lordship intendeth in any such case from time to
time to publish any such revocations or additions.

AN EXPOSTULATION TO THE LORD CHIEF
JUSTICE COKE:

MY VERY GOOD LORD,

Though it be true, that “ he who considereth the
wind and the rain, shall neither sow nor reap ;” yet
* there is a season for every action,” and so “there
is atime to speak, and a time to keep silenee.”
There is a time when the words of a poor simple man
may profit; and that poor man in “ The Preacher,”
which delivered the city by his wisdom, found that
without this opportunity the owner both of wisdom and
eloquence lose but their labour, and cannot charm the
deaf adder. God therefore, before his Son that
bringeth mercy, sent his servant the trumpeter of
repentance to level every high hill, to prepare the
way before him, making it smooth and straight : and
as it is in spiritual things, where Christ never comes
before his way-maker hath laid even the heart with
sorrow and repentance, since self-conceited and
proud persons think themselves too good and too
wise to learn of their inferiors, and therefore need
not the physician, so in the rules of earthly wisdom,
it is not possible for nature to attain any mediocrity

CHIEF JUSTICE COKE. 297

of perfection, before she be humbled by knowing
herself and her own ignorance. Not only know-
ledge, but also every other gift, which we call the
gifts of fortune, have power to puff up earth: afflic-
tions only level these mole-hills of pride, plough the
heart, and make it fit for wisdom to sow her seed,
and for grace to bring forth her increase. Happy
is that man therefore, both in regard of heavenly
and earthly wisdom, that is thus wounded to be
cured, thus broken to be made straight ; thus made
acquainted with his own imperfections that he may
be perfected. __

Supposing this to be the time of your affliction,
that which I have propounded to myself is, by tak-
ing this seasonable advantage, like a true friend,
though far unworthy to be counted so, to shew you
your true shape in a glass; and that not in a false
one to flatter you, nor yet in one that should make
you seem worse than you are, and so offend you;
but in one made by the reflection of your own words
and actions ; from whose light proceeds the voice of
the people, which is often not unfitly called the
voice of God. But therein, since I have purposed a
truth, I must intreat liberty to be plain, a liberty
that at this time I know not whether or no I may
use safely, I am sure at other times I could not; yet
of this resolve yourself, it proceedeth from love and
a true desire to do you good; that you knowing the
- general opinion, may not altogether neglect or con-
_ temn it, but mend what you find amiss in yourself,
_ and retain what your judgment shall approve ; for

298 EXPOSTULATION TO LORD

to this end shall truth be delivered as naked as if ©

yourself were to be anatomised by the hand of opi-
nion. All men can see their own profit, that part of
the wallet hangs before. A true friend (whose wor-
thy office I would perform, since, I fear, both your-
self and all great men want such, being themselves
true friends to few or none) is first to shew the other,
and which is from your eyes. .

First therefore behold your errors. In discourse

you delight to speak too much, not to hear other
men ; this, some say, becomes a pleader nota judge ;
for by this sometimes your affections are entangled
with a love of your own arguments, though they be
the weaker; and rejecting of those, which, when
your affections were settled, your own judgment

would allow for strongest. Thus while you speak —

in your own element, the law, no man ordinarily
equals you; but when you wander, as you often
delight to do, you wander indeed, and give never

such satisfaction as the curious time requires. This —

is not caused by any natural defect, but first for
want of election, when you having a large and fruit-

ful mind, should not so much labour what to speak,
as to find what to leave unspoken: rich soils are |

often to be weeded.

-

Secondly, You cloy your auditory when you

would be observed ; speech must. be either sweet or
short.

Thirdly, You converse with books, not men, and
books especially human; and have no excellent
choice with men, who are the best books: for a

|
|

CHIEF JUSTICE COKE. 299

man of action and employment you seldom converse
with, and then but with your underlings ; not freely,
but as a schoolmaster with his scholars, ever to
teach, never to learn, : but if sometimes you would
in your familiar discourse hear others, and make
election of such as know what they speak, you
should know many of these tales you tell to be but
ordinary ; and many other things, which you delight
to repeat and serve in for novelties, to be but stale.
Asin your pleadings you were wont to insult over
misery, and to inveigh bitterly at the persons, which
bred you many enemies, whose poison yet swelleth,
and the effects now appear, so are you still wont to
be a little careless in this point, to praise or disgrace
upon slight grounds, and that sometimes untruly ;
so that your reproofs or commendations are for the
most part neglected and contemned ; when the cen-
sure of a judge, coming slow but sure, should be a
brand to the guilty, and a crown to the virtuous.
You will jest at any man in public, without respect
of the person’s dignity or your own: this disgraceth
your gravity, more than it can advance the opinion
of your wit; and so do all actions which we see you

do directly with a touch of vain-glory, having no

respect to the true end, You make the law to lean
too much to your opinion, whereby you shew your-
self to be a legal tyrant, striking with that weapon
where you please, since you are able to turn the
edge any way: for thus the wise master of the law
gives warning to young students, that they should

_ be wary, lest, while they hope to be instructed by

300 EXPOSTULATION TO LORD

your integrity and knowledge, they should be de-
ceived with your skill armed with authority. Your
too much love of the world is .too much seen, when
having the living of a thousand, you relieve few or
none: the hand that has taken so much, can it give
so little ? Herein you shew no bowels of compassion,
as if you thought all too little for yourself; or that

God hath given you all that you have, if you think —

wealth to be his gift, I mean that you get well, for
I know sure the rest is not, only to that end you

should still gather more, and never be satisfied ; but

try how much you would gather, to account for all
at the great and general audit-day. We desire you

to amend this, and let your poor tenants in Norfolk —
find some comfort ; where nothing of your estate is_
spent towards their relief, but all brought up hither, —

to the impoverishing of your country.

In your last, which might have been your best,
piece of service to the state, affectioned to follow that
old rule, which giveth justice leaden heels and iron
hands, you used too many delays till the delinquents

hands were loosed, and yours bound: in that work ~

you seemed another Fabius, where the humour of
Marcellus would have done better; what need you
have sought more evidences than enough? while you

pretended the finding out of more, missing your aim, |

you discredited what you had found. This best judg-
ments think; though you never used such speeches
as are fathered upon you, yet you might well have

done it, and but rightly ; for this crime was second —

to none, but the powder-plot : that would have blown
1

2

CHIEF JUSTICE COKE. 301

up all at one blow, a merciful cruelty; this would
have done the same by degrees, a lingring but a sure
way; one might by one be called out, till all op-
posers had been removed.

Besides, that other plot was scandalous to Rome,
making popery odious in the sight of the whole
world; this hath been scandalous to the truth of the
whole gospel; and since the first nullity to this in-
stant, when justice hath her hands bound, the devil
could not have invented a more mischievous practice
to our state and church than this hath been, is, and
is like to be. God avert the evil.

Butherein you committed another fault: that as
you were too open in your proceedings, and so taught
them thereby to defend themselves ; so you gave them
time to undermine justice, and to work upon all ad-
vantages both of affections, and honour, and oppor-
tunity, and breach of friendship ; which they have
so well followed, sparing neither pains nor costs, that
it almost seemeth an higher offence in you to have
done so much indeed, than that you have done no
more: you stopt the confessions and accusations of
some, who perhaps, had they been suffered, would
have spoken enough to have removed some stumbling-
blocks out of your way; and that you did not this.
in the favour of any one, but of I know not what
present unadvised humours, supposing enough behind

_ to discover all; which fell not out so. Howsoever,

as the apostle saith in another case, you “ went not

| rightly to the truth ;” and therefore, though you were
_ to be commended for what you did, yet you were to

302 EXPOSTULATION TO LORD

be reprehended for many circumstances in the doing;
and doubtless God hath an eye in this cross to your

negligence, and the briers are left to be pricks in your |

sides and thorns in your eyes. But that which we
commend you for, are those excellent parts in nature,
and knowledge in the law, which you are endowed

withal; but these are only good in their good use.
Wherefore we thank you heartily for standing stoutly —

in the commonwealth’s behalf; hoping it proceedeth

not from a disposition to oppose greatness, as your

enemies say, but to do justice, and deliver truth in-
differently without respect of persons; and in this
we pray for your prosperity, and are sorry that your
good actions should not always succeed happily.
But in the carriage of this you were faulty ; for you

took it in hand in an evil time, both in respect of —

the present business which was interrupted, and in

regard of his present sickness whom it concerned, ©
whereby you disunited your strength, and madea _

gap for the enemies to pass out at,and to return and
assault you.

But now since the case so standeth, we desire you _

to give way to power, and so to fight that you be not
utterly broken, but reserved intirely to serve the
commonwealth again, and to do what good you can,
since you cannot do all the good you would; and
since you are fallen upon this rock, cast out the
goods to save the bottom; stop the leaks and make

towards land; learn of the steward to make friends
of the unrighteous mammon. ‘Those Spaniards in |

Mexico who were chased of the Indians, tell us what

CHIEF JUSTICE COKE. 303

to do with our goods in our extremity ; they being
to pass over ariver in their flight, as many as cast
away their gold swam over safe; but some more
covetous, keeping tlicir gold, were either drowned
with it, or overtaken and slain by the savages: you
have received, now learn to give. The beaver learns
us this lesson, who being hunted for his stones, bites
them off: you cannot but have much of your estate,

pardon my plainiess, ill got ; think how much of that

you never spake for, how much by speaking unjustly
or in unjust causes. Account it then a blessing of
God, if thus it may be laid out for your good, and
not left for your heir, to hasten the wasting of much
of the rest, perhaps of all: for so we see God often-
times proceeds in judgment with many hasty ga-
therers: you have enough to spare, being well laid,
to turn the tide, and fetch all things again. But if

you escape, I suppose it worthy of an “ If,” since you

know the old use, that none called in question must
go away uncensured, yet consider that accusations
make wounds, and leave scars; and though you see
the toil behind your back, yourself free, and the covert
before, yet remember there are stands: trust nota
reconciled enemy; but think the peace is but to
secure you for farther advantage, or expect a second
and a third encounter; the main battle, the wings
are yet unbroken, they may charge you at an instant,
or death before them; walk therefore circumspectly,
and if at length, by means of our endeavours and
yours, you recover the favour that you have lost;
give God the glory in action, not in words only ; and

304 EXPOSTULATION TO LORD

remember us with sense of your past misfortune,
whose estate hath, and may hereafter lie in the power
of your breath.

There is a great mercy in dispatch, delays are
tortures, wherewith by degrees we are rent out of
our estates ;* do not you, if you be restored, as some
others do, fly from the service of virtue to serve the
time, as if they repented their goodness, or meant
not to make a second hazard in God's house; but
rather let this cross make you zealous in God’s cause,
sensible in ours, and more sensible in all; which
express thus. You have been a great enemy to
papists, if you love God be so still, but more indeed
than heretofore; for much of your zeal was hereto- —
fore wasted in words: call to remembrance that they
were the persons that prophesied of that cross of
yours long before it happened; they saw the storm
coming, being the principal contrivers and furtherers
of the plot, the men that blew the coals, heat the
iron, and made all things ready; they owe youa
good turn, and will, if they can, pay it you; you see
their hearts by their deeds, prove then your faith so
to: the best good work you can do, is to do the best
you can against them, that is, to see the law severely,
justly, and diligently executed.

And now we beseech you, my lord, be sensible
both of the stroke and hand that striketh; learn of

*- My lord Bacon observes elsewhere, that the Scripture saith,
there be that turn judgment into wormwood; and saith he, surely
‘there be “ also that turn it into vinegar; for injustice maketh it
bitter, and delays make it sour.” Essay ivi. Vol. I. p. 180.

CHIEF JUSTICE COKE. 305

David to leave Shimei, and call upon God; he hath
some great work to do, and he prepareth you for it;
he would neither have you faint, nor yet bear this
cross with a stoical resolution: there is a Christian
mediocrity worthy of your greatness. I must be
plain, perhaps rash ; had some notes which you had
taken at sermons been written in your heart to
practise, this work had been done long ago, without
the envy of your enemies; but when we will not
mind ourselves, God, if we belong to him, takes us in
hand; and because he seeth that we have unbridled
stomachs, therefore he sends outward crosses, which,
while they cause us to mourn, do comfort us, being
assured testimonies of his love that sends them. ‘To
humble ourselves therefore before God is the part of
a Christian; but for the world and our enemies the
counsel of the poet is apt,

‘Tu ne cede malis, sed contra audentior ito.”

The last part of this counsel you forget, yet none
need be ashamed to make use of it, that so being
armed against casualties, you may stand firm against
the assaults on the right hand, and on the left. For
this is certain, the mind that is most prone to be puft
up with prosperity, is most weak and apt to be de-
jected with the least puff of adversity. Indeed she
is strong enough to make an able man stagger,
striking terrible blows: but true Christian wisdom
gives us armour of proof against all assaults, and
teacheth us in all estates to be content: for though

she cause our truest friends to declare themselves
VOL, VII. x

306 EXPOSTULATION TO LORD COKE.

our enemies; though she give heart then to the
most cowardly to strike us; though an hour's con-
tinuance countervails an age of prosperity ; though
she cast in our dish all that ever we have done; yet
hath she no power to hurt the humble and wise, but

only to break such as too much prosperity hath made —

stiff in their own thoughts, but weak indeed; and
fitted for renewing: when the wise rather gather
from thence profit and wisdom; by the example of
David, who said, “ Before I was chastised I went
astray.” Now then he that knoweth the right way,
will look better to his footing. Cardan saith, that
weeping, fasting, and sighing, are the chief purges
of grief; indeed naturally they do assuage sorrow :
but God in this case is the only and best physician ;
the means he hath ordained are the advice of friends,
the amendment of ourselves: for amendment is both
physician and cure. For friends, although your
lordship be scant, yet I hope you are not altogether
destitute ; if you be, do but look upon good books:
they are true friends, that will neither flatter nor
dissemble: be you but true to yourself, applying
that which they teach unto the party grieved, and
you shall need no other comfort nor counsel. To
them, and to God’s holy Spirit, directing you in the
reading of them, I commend your lordship; be-
seeching him to send you a good issue out of these
troubles, and from henceforth to work a reformation
in all that is amiss, and a resolute perseverance, pro-
ceeding, and growth, in all that is good ; and that for
his glory, the bettering of yourself, this church, and

COMMENDAMS. 307

commonwealth; whose faithful servant whilst you
remain, 7
I remain a faithful servant to you,

Fr. BAcon.

To THE KING, ABOUT THE COMMENDAMS.

May IT PLEASE YOUR MOST EXCELLENT MaJesty,

I am not swift to deliver any thing to your majesty
before it be well weighed. But now that I have
informed myself of as much as is necessary touching
this proceeding of the judges to the argument of the
Commendams, notwithstanding your majesty’s plea-
sure signified by me, upon your majesty’s command-
ment in presence of my lord chancellor and the bishop
of Winchester, to the contrary, I do think it fit to ad-
vertise your majesty what hath passed; the rather,
because I suppose the judges, since they performed
not your commandment, have at least given your
majesty their reasons of failing therein; I being to
answer for the doing your majesty’s commandments,
and they for the not doing.

I did conceive, that in a cause that concerned your
majesty and your royal power, the judges having
heard your attorney-general argue the Saturday
before, would of themselves have taken farther time
to be advised.

And, if I fail not in memory, my lord Coke re-
ceived from your majesty’s self, as I take it, a prece-
dent commandment in Hiliary term, that both in the
“rege inconsulto,” and in the Commendams, your

308 TRACTS RELATING TO

attorney should be heard to speak, and then stay to
be made of farther proceedings, till my lord had
spoken with your majesty.

Nevertheless, hearing that the day appointed for

the judges argument held, contrary to my expecta- “7

tion, I sent on Thursday in the evening, having re-
ceived your majesty’s commandment but the day
before in the afternoon, a letter to my lord Coke;

whereby I let him know, that upon some report of ©

my lord of Winchester, who by your commandment
Was present at my argument of that which passed,
it was your majesty’s express pleasure, that no farther
proceedings should be, until you had conferred with
your judges: which your majesty thought to have
done at your being now last in town; but by reason
of your many and weighty occasions, your princely
times would not serve; and that it was your pleasure
he should signify so much to the rest of the judges,

whereof his lordship might not fail. His answer by’

word to my man was, that it were good the rest of

the judges understood so much from myself: where-
upon J, that cannot skill of scruples in matter of:

service, did write on Friday three several letters of

like content to the judges of the common pleas, and.
the barons of the exchequer, and the other three

judges of the king’s bench, mentioning in that last
my particular letter to my lord chief justice.

This was all I did, and thought all had been
sure; in so much as the same day being appointed
in chancery for your majesty’s great cause, followed
by my lord Hunsden. I writ two other letters to
both the chief justices, to put them in mind of assist-

COMMENDAMS. 309

ing my lord chancellor at the hearing. And when
my lord chancellor himself took some notice upon
that occasion openly in the chancery, that the Com-
mendams could not hold presently after, I heard the
judges were gone about the Commendams; which I
thought at first had been only to adjourn the court,
but I heard after that they proceeded to argument.

In this their doing, I conceive they must either
except to the nature of the commandment, or to the
credence thereof; both which, I assure myself, your
majesty will maintain.

For if they should stand upon the general ground,
“ Nulli negabimus, nulli differemus justitiam,” it re-
ceiveth two answers. ‘The one, that reasonable and
mature advice may not be confounded with delay ;
and that they can well alledge when it pleaseth them.
The other is, that there is a great difference between
a case merely between subject and subject, and where
the king’s interest is in question directly or by conse-
quence. As for the attorney’s place and commission,
it is as proper for him to signify the king’s pleasure
to the judges, as for the secretary to signify the same
to the privy-council; and so it hath ever been.

These things were a little strange if there came
not so many of them together, as the one maketh the
other seem less strange: but your majesty hath fair
occasions to remedy all with small aid; I say no more
for the present.

I was a little plain with my lord Coke in these
matters ; and when his answer was, that he knew all
these things; I said he could never profit too much

310 TRACTS RELATING TO

in knowing himselfand his duty. God ever preserve
your majesty.

A MEMORIAL FOR HIS MAJESTY, CORRECTED WITH
SIR FR. BACON’S OWN HAND, I616.

Ir seemeth this year of the fourteenth of his ma-
jesty’s reign, being a year of a kind of majority in his
government, is consecrated to justice :* which as his
majesty hath performed to his subjects in this late
memorable occasion, so he is now to render and per-
form to himself, his crown and posterity.

That his council shall perceive by that which his
majesty shall now communicate with them, that the
mass of his business is continually prepared in his own
royal care and cogitations, howsoever he produceth
the same to light, and to act “ per opera dierum.”}

That his majesty shall make unto them now a
declarative of two great causes, whereof he doubteth
not they have heard by glimpses ; the one concerning
his high court of chancery, the other concerning the

* By the laws, several ages are assigned to persons for several
purposes: and by the common law the fourteenth year is a kind of
majority, and accounted an age of discretion, At that. time a man
may agree or disagree to a precedent marriage : the heir in socage,
may reject the guardian appointed by law, and choose a new one:
and the woman at that age shall be out of ward, etc. Stephens.

+ “Per opera dierum,” alluding to the gradations Almighty
God was pleased to observe in the creating of the world. In this
paragraph Sir Francis Bacon insinuates, what he expressly de-
clares, Vol. I. Essay xivir. p. 162, that in all negotiations of

difficulty a man must first prepare business, and so ripen it by
degrees. Stephens.

COMMENDAMS. ori

church and prelacy; but both of them deeply touch-
ing his prerogative and sovereignty, and the flowers
of his crown.

That about the end of Hilary term last, there
came to his majesty’s ears, only by common voice
and report, not without great rumour and wonder,
that there was somewhat done in the King’s Bench
the last day of that term, whereby his chancery
should be pulled down, and be brought in question
for “ premunire”; being the most heinous offence
after treason, and felony, and misprision of treason ;
and that the time should be when the chancellor
lay at the point of death.

That his majesty was so far from hearing of this
by any complaint from his chancellor, who then had
given over worldly thoughts, that he wrote letters of
comfort to him upon this accident, before he heard
from him; and for his attorney, his majesty chal-
lenged him for not advertising him of that, of which
it was proper for his majesty to be informed from
him.

That his majesty being sensible of this so great
novelty and perturbation in his courts of justice,
nevertheless used this method and moderation, that
before he would examine this great affront and dis-
grace offered to his chancery and chancellor, he
would first inform himself whether the chancery or
chancellor were in fault; and whether the former
precedents of chancery did warrant the proceedings
there after judgment passed at common law, which
was the thing in question, and thereupon his majesty

312 TRACTS RELATING TO

called his learned counsel to him, and commanded
them to examine the precedents of chancery, and to
certify what they found: which they did; and by
their certificate it appeareth, that the precedents of
that kind were many and precise in the point, and
constant, and in good times, and allowed many times
by the judges themselves. .

That after this his majesty received from the
lord chancellor a case, whereby the question’ was
clearly set down and contained within the proper
bounds of the present doubt; being, Whether upon
apparent matter of equity, which the judges of the
law by their place and oath cannot meddle with or
relieve, if a judgment be once passed at common
law, the subject shall perish, or that the chancery
shall relieve him ; and whether there be any statute
of “ preamunire” or other, to restrain this power in
the chancellor ; which case, upon the request of the
lord chancellor, his majesty likewise referred to his
learned counsel,- and the prince’s attorney Mr.
Walter was joined with them, who, upon great ad-
vice and view of the original records themselves,
certified the chancery was not restrained by any
statute in that case.

That his majesty again required his learned coun-
sel to call the clerks of the king’s bench to them, and
to receive from them any precedents ‘of indictments
in the king’s bench against the chancery for proceed-
ing in the like case ; who produced only two prece-
dents, being but indictments offered or found, upon
which there was no other proceeding; and: the

COMMENDAMS. 313

clerks said, they had used diligence and could find
no more. |

That his majesty, after he had received this satis-
faction that there was ground for that the chancery
had done, and that the chancery was not in fault,
he thought then it was time to question the misde-
meanor and contempt in scandalizing and disho-
nouring his justice in that high court of chancery in
so odious a manner; and commanded his attorney-
general, with the advice of the rest of his learned
counsel, to prosecute the offenders in the star-cham-
ber, which is done; and some of them are fled, and
others stand out and will not answer.

That there resteth only one part more towards
his majesty’s complete information in this cause:
which is to examine that which was done in open court
the said last day of Hilary term, and whether the
judges of the King’s Bench did commit any excess
of authority ; or did animate the offenders otherwise
than according to their duty and place; which
inquiry, because it concerneth the judges of a court
to keep order and decorum, his majesty thinketh not
so convenient to use his learned counsel therein, but
will commit the same to some of the council-table,
and his learned counsel to attend them.

This declared, or what else his majesty in his
own high wisdom shall think good; it will be fit
time to have the certificate of the learned counsel
openly read.

His majesty may, if he please, forbear to publish

314 TRACTS RELATING TO

at this time at the table the committees ; but signify
his pleasure to themselves afterwards.

The committees named by his majesty, were
the archbishop of Canterbury, secretary Lake, the
chancellor of the exchequer, and the master of the
rolls.

This report is to be prefixed, to be given in by
Wednesday at night, that his majesty may commu-
nicate it with his council, and take farther order on
Thursday thereupon, if his majesty be so pleased.

At this declaration, it is his majesty’s direction,
to the end things may appear to be the more evenly
carried, that neither my lord chancellor nor my lord
chief justice be present.

But then when his majesty entereth into the
second declarative, my lord chancellor is to be called
for: but my lord chief justice not; because it con-
cerneth him.

For the second declarative: that his majesty
hath reason to be offended and grieved, in that which
passed touching the commendams, both in matter
and manner: for the matter, that his majesty’s reli-
gious care of the Church and of the prelacy, and
namely, of his lords spiritual the bishops, may well
appear, first, in that he hath utterly expelled those
sectaries or inconformable persons that spurned at
the government; secondly, that by a statute made
in the first year of his reign, he hath preserved their —
livings from being wasted and dilapidated by long
leases, and therein bound himself and his crown and

COMMENDAMS. 315

succession ; and lastly, that they see two bishops
privy counsellors at the table, which hath not been
of late years.

That agreeably to this his majesty’s care and
good affection, hearing that there was a case of the
bishop of Lincoln’s, wherein his majesty’s supreme
power of granting Commendams, which in respect of
the exility of bishopricks is sometimes necessary,
was questioned to be overthrown or weakened; he
commanded his attorney-general, not only to have
care to maintain it according to his place, but also
that he should relate to his majesty how things
passed; and did also command the bishop of Win-
chester to be present at the public argument of the
case; and to report to his majesty the true state of
that question, and how far it extended.

This being accordingly done; then upon report
of the bishop of Winchester in presence of the lord
chancellor, his majesty thought it necessary, that
before the judges proceeded to declare their opinion
they should have conference with his majesty, to the
end to settle some course, that justice might be done,

and his regal power, whereof his crown had been so

long vested, not touched nor diminished: and there-
upon commanded his attorney, who by his place
ought properly to signify his majesty’s pleasure to
his judges, as his secretary doth to his privy council
in the presence of the lord chancellor and the bishop,
to signify his pleasure to the judges, that because
his majesty thought it needful to consult with them
in that’ case before they proceeded to judgment;
1

316 TRACTS RELATING TO

and that his majesty’s business, as they all knew, was
very great, and Midsummer term so near at hand,
and the cause argued by his attorney so lately, they
should put off the day till they might advise with
his majesty at his next coming to town. That his
majesty’s attorney signified so much by his letters,
the next day after he had received his commandment,
to all the judges, and that in no imperious manner,
but alledging the circumstances aforesaid, that the
case was lately argued, his majesty’s business great,
another term at hand, ete.

Now followeth the manner that was held in this,
which his majesty conceiveth was not only indiscreet,
but presumptuous and contemptuous.

For first, they disobeyed this his majesty’s com-
mandment, and proceeded to public argument not-
withstanding the same; and thought it enough to
certify only their mind to his majesty.

Secondly, in a general letter under all their
hands, howsoever it may be upon divided opinion,
they alledge unto his majesty their oath; and that
his majesty’s commandment, for the attorney’s letter
was but the case that it was wrapped in, was against
law ; asif maturity and a deliberate proceeding were
a delay, or that commandment of stay in respect of
so high a question of state and prerogative, were like
a commandment gotten by importunity, or in favour
of a suitor. | 7

Thirdly, above all, it is to be noted and justly
doubted, that upon the contrary, in this that they
have done, they have broken their oath; for their

COMMENDAMS. 317

oath is to counsel the king when they shall be called ;
and if when the king calleth them to counsel, they
will do the deed first, and give him counsel after,
this-is more than a simple refusal.

Lastly, it is no new thing upon divers particular
occasions, of a far higher nature than the consulting
with their sovereign about a cause of great moment,

_ to put off days, and yet no breach of oath. And

there was another fair passage well known to my
lord Coke, that he might have used if it had pleased
him ; for that very day was appointed for the king’s
great cause in the chancery, both for my lord Hobart
and him; which cause ought to have had _ prece-
dence afore any private cause, as they would have
this seem to be.

To this letter his majesty made a most princely
and prudent answer, which I leave to itself.

Upon this declaration his majesty will be pleased
to have the judges letter and his own letter read.

‘Then his majesty, for his part as I conceive, will

‘be pleased to ask the advice of his council as well for

the stay of the new day, which is Saturday next, as
for the censure and reproof of the contempt passed :
for though the judges are a reverend body, yet they

are, as all subjects are, corrigible.

TO SIR GEORGE VILLIERS.

SIR,

I senp his majesty adraught of the act of council
concerning the judges letter, penned as near as I
could to his majesty’s instructions received in your

318 TRACTS RELATING TO

presence. I then told his majesty my memory was
not, able to keep way with his; and therefore his
majesty will pardon me for any omissions or 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,
June 12, 1616. Fr. Bacon.

TOUCHING THE COMMENDAMS.

*aT WHITEHALL THE SIXTH OF JUNE, ANNO 1616,

Present the KING’S MAJESTY.
Lord Archbishop of Cant. Lord Wotton.

Lord Chancellor. Lord Stanhope.

~ Lord Treasurer. Lord Fenton.
Lord Privy-Seal. Mr. Vice-Chamberlain.
Lord Chamberlain. Mr. Secretary Winwood.
Duke of Lenox. Mr. Secretary Lake.
Lord Zouche. Mr. Chancellor of the Ex-
Bishop of Winton. — chequer.
Lord Knollys. Master of the Rolls.

His majesty having this day given order for

* It is very clear, that this is the act of council referred to in
the preceding letter, and drawn up by Sir Francis Bacon : which,
being written in a fair manner, I accidentally bought, and have
corrected several errors therein. If any remain, as I believe the
reader will think there doth; it is because I had no opportunity
to peruse the council-books. Stephens.

OCOMMENDSMS. 319

meeting of the council, and that all the judges, be-
ing twelve in number, should be sent for to be
present; when the lords were sat, and the judges
ready attending, his majesty came himself in person
to council, and opened to them the cause of that
assembly; which was: That he had called them
together concerning a question that had relation to
no private person, but concerned God and the King,
the power of his crown, and the state of this Church
whereof he was protector; and that there was no
fitter place to handle it than at the head of his
council-table: that there had been a question
pleaded and argued concerning Commendams; the
proceedings wherein had either been mis-reported or _
mis-handled ; for his majesty a year since had re-
ceived advertisements concerning the cause in two
instances, by some that intrenched upon his prero-
gative royal in the general power of granting Com-
mendams; and by others, that the doubt rested
only upon a special nature of a Commendam, such
as in respect of the incongruity and exorbitant form
thereof might be questioned, without impeaching or
weakening the general power of all.

Whereupon his majesty, willing to know the
true state thereof, commanded the lord bishop
of Winchester, and Mr. Secretary Winwood to be
present at the next argument, and to report the
state of the question and proceeding to his majesty.
But Mr. Secretary Winwood being absent by occa-
sion, the lord of Winchester only was present, and

made information to his majesty of the particulars

320 TRACTS RELATING TO

thereof, which his majesty commanded him to report
to the board. Whereupon the lord of Winchester
stood up and said, that serjeant Chiborne, who ar-
gued the cause against the Commendams, had main-
tained divers positions and assertions very prejudi- —
cial to his majesty’s prerogative royal ; as first, that
the translation of bishops was against the canon law,
and for authority vouched the canons of the council
of Sardis; that the King had not power to grant
Commendams, but in case of necessity ; that there
could be no necessity, because there could be no
need for augmentation of living, for no man was
bound to keep hospitality above his means; besides
other parts of his argument tending to the overthrow.
of his majesty’s prerogative in case of Commen-
dams.

The lord of Winchester having made his report, |
his majesty resumed his former narrative, letting the
lords know, that after the lord of Winton had made —
unto his majesty a report of that which passed at —
the argument of the cause, like in substance unto
that which now had been made ; his majesty appre-
hending the matter to be of so high a nature, com-
manded his attorney-general to signify his majesty’s
pleasure unto the lord chief justice ; That in regard
of his majesty’s most weighty occasions, and for that
his majesty held it necessary upon the lord of Winton’s
report, that his majesty be first consulted with, be-
fore the judges proceed to argue it; therefore the
day appointed for the judges argument should be
put off till they might speak with his majesty ; and

COMMENDAMS. 321

this letter of his majesty’s attorney was, by his ma-
jesty’s commandment, openly read as followeth, “in
hec verba.”

« My Lorp,

It is the king’s express pleasure, that because
his majesty’s time would not serve to have confe-
rence with your lordship and his judges, touching
the cause of Gommendams, at his last being in
town; inregard of his majesty’s other most weighty
occasions; and for that his majesty holdeth it ne-
cessary, upon the report which my lord of Win-
chester, who was present at the last arguments by
his majesty’s royal commandment, made to his
majesty, that his majesty be first consulted with, ere
there be any farther proceedings by arguments by
any of the judges, or otherwise; therefore that the
day appointed for the farther proceedings by argy-
ments of the judges in that case, be put off till
his majesty’s farther pleasure be known, upon con-
sulting with him; and to that end, that your lord-
ship forthwith signify his commandment to the
rest of the judges: whereof your lordship may not
fail: and so I leave your lordship to God’s good-
ness.

Your loving friend to command,

Fr. Bacon,
This Thursday afternoon,
April 25, 1616.”

VOL. VII. me

322 TRACTS RELATING TO

That upon this letter received, the lord chief
justice returned word to his majesty’s said attorney
by his servant; That it was fit the rest of his bre-
thren should understand his majesty’s pleasure im-
mediately by letters from his said attorney to the
judges of the several benches: and accordingly it
was done; whereupon all the said judges assembled,
and by their letter under their hands certified his
majesty, that they held those letters, importing the
signification aforesaid, to be contrary to law, and
such as they could not yield to the same by their
oath ; and that thereupon they had proceeded at the
day, and did now certify his majesty thereof: which
letter of the judges his majesty also commanded to
be openly read, the tenor whereof followeth, “ in
hec verba.”

“* MOST DREAD AND MOST GRACIOUS SOVEREIGN,

Ir may please your most excellent majesty to
be advertised, that this letter here inclosed was deli-
vered unto me your chief justice on Thursday last in
the afternoon, by a servant of your majesty’s attor- —
ney-general; and letters of the like effect were on
the day following sent from him by his servant to us
your majesty’s justices of every of the courts at West-
minster. We are and ever will be ready with all
faithful and true heart, according to our bounden
duties, to serve and obey your majesty, and think
ourselves most happy to spend our times and abilities
to do your majesty true and faithful service in this

COMMENDAMS, 323

present case mentioned in this letter. What infor-
mation hath been made unto you, whereupon Mr.
Attorney doth ground his letter, from the report of
the bishop of Winton, we know not; this we know,
that the true substance of the cause summarily is
thus; it consisteth principally upon the construction
of two acts of parliament, the one of the twenty-fifth
year of King Edward III. andthe other of the twenty-
fifth year of King Henry VIII. whereof your majesty’s
judges upon their oaths, and according to their best
knowledge and learning, are bound to deliver their
true understanding faithfully and uprightly; and
the case between two for private interest and inheri-
tance earnestly called on for justice and expedition.
We hold it our duty to inform your majesty, that our
oath is in these express words : That in case any let-
ters come unto us contrary to law, that we do nothing
by such letters but certify your majesty thereof, and
go forth to do the law, notwithstanding the same
letters. We have advisedly considered of the said
letter of Mr. Attorney, and with one consent do hold
the same to be contrary to law, and such as we could
not yield to the same by our oath, assuredly per-
suading ourselves that your majesty being truly in-
formed, that it standeth not with your royal and just
pleasure to give way to them: and knowing your
majesty’s zeal to justice to be most renowned, there-
fore we have, according to our oaths and duties, at
the very day prefixed the last term, proceeded, and
thereof certified your majesty ; and shall ever pray

324 TRACTS RELATING TO

to the Almighty for your majesty in all +honour,
health and happiness long to reign over us.
Edw. Coke, Henry Hobart, Laur. Tan-
field, Pet. Warburton, George Snigge,
Ja. Altham, Ed. Bromley, John Croke,
Humphry Winche, John Dodderidge,
Augustin Nicholls, Robert Houghton.

Serjeants-Inn,

25th April, 1616.”

His majesty having considered of this letter, Ly
his princely letters returned answer, reporting him-
self to their own knowledge and experience, what
princely care he hath ever had since his coming to
the crown, to have justice duly administered to his
subjects, with all possible expedition; and how far
he was from crossing or delaying of justice, when the
interest of any private person was questioned: but
on the other side expressing himself, that where the
case concerned the high powers and prerogatives of
the crown, he would not endure to have them
wounded through the sides of a private person;
admonishing them also, lastly, of a custom lately
entertained, of a greater boldness to dispute the high
points of his majesty’s prerogative in a popular and
unlawful liberty of argument more than in former
times: and making them perceive also how weak
and impertinent the pretence of allegation of their
oath was in a case of this nature, and how well it
might have been spared; with many other weighty.

COMMENDAMS. 320

points in the said letter contained: which letter also
by his majesty’s appointment and commandment was
publicly read “ in hee verba.”

« James Rex,

Trusty and well-beloved counsellors, and trusty
and well-beloved, we greet you well. We perceive
by your letter, that you conceive the commandment
given you by our attorney-general in our name to
have proceeded upon wrong information: but if you
list to remember what princely care we have ever
had, since our coming to this crown, to see justice
duly administered to our subjects, with all possible
expedition ; and how far we have ever been from
urging the delay thereof in any sort, you may safely
persuade yourselves that it was no small reason that
moved us to send you that direction. You might
very well have spared your labour in informing us of
the nature of your oath; for although we never
studied the common law of England, yet are we not
ignorant of any points which belong to a king to
know: we are therefore to inform you hereby, that
we are far from crossing or delaying any thing which
may belong to the interest of any private party in
this case ; but we cannot be contented to suffer the
prerogative royal of our crown to be wounded
through the sides of a private person: we have no
care at all which of the parties shall win this process
in this case, so that right prevail, and that justice be
truly administered. But on the other side, we have
reason to foresee that nothing be done in this case

326 TRACTS RELATING TO

which may wound our prerogative in general; and
therefore so that we may be sure that nothing shall
be debated amongst you which may concern our
general power of giving Commendams, we desire
not the parties to have one hour’s delay of justice:
but that our prerogative should not be wounded in
that regard for all times hereafter, upon pretext of
private persons interest, we sent you that direction ; —
which we account as well to be wounded if it be
publicly disputed upon, as ifany sentence were given
against it: we are therefore to admonish you, that
since the prerogative of our crown hath been more
boldly dealt withal in Westminster-Hall, during the
time of our reign, than ever it was before in the
reigns of divers princes immediately preceding us,
that we will no longer endure that popular and
unlawful liberty; and therefore we were justly
moved to send you that direction to forbear to med-
dle in a cause of so tender a nature, till we had far-
ther thought upon it. We have cause indeed to
rejoice of your zeal for your speedy execution of
justice; but we would be glad that all our subjects
might so find the fruits thereof, as that no pleas
before you were of older date than this is. But as to
your argument, which you found upon your oath,
you give our predecessors, who first founded the
oath, a very charitable meaning, in perverting their
intention and zeal to justice, to make a weapon of it
to use against their successors; for although your
oath be, that you shall not delay justice between
any private persons or parties, yet was it not meant

COMMENDAMS. 327

that the king should thereby receive harm, before
he be forewarned thereof; neither can you deny,
but that every term you will out of your own discre-
tions, for reasons known unto you, put off either the
hearing or determining of any ordinary cause betwixt
private persons till the next term following. Our
pleasure therefore is, who are the head and fountain
of justice under God in our dominions, and we out
of our absolute power and authority royal do com-
mand you, that you forbear to meddle any farther
in this plea till our coming to town, and that out of
our own mouth you hear our pleasure in this busi-
ness ; which we do out of the care we have, that our
prerogative may not receive an unwitting and indi-
rect blow, and not to hinder justice to be adminis-
tered to any private parties, which no importunities
shall persuade us to move you in. Like as, only for
the avoiding of the unreasonable importunity of sui-
tors in their own particular, that oath was by our
predecessors ordained to be ministered unto you: so
we wish you heartily well to fare.

Postscript. You shall upon the receipt of this
letter call our attorney-general unto you, who will
inform you of the particular points which we are
unwilling to be disputed of in this case.”

This letter being read, his majesty resolved to
take into his consideration the parts of the judges
letter and other their proceedings in that cause, and
_ the errors therein contained and committed ; which
errors his majesty did set forth to be both in matter

328 TRACTS RELATING TO

and manner : in matter, as well by way of omission
as commission; for omission, that it was a fault in
the judges, that when they heard a counsellor at the —
bar presume to argue against his majesty’s preroga-
tive, which in this case was in effect his supremacy, —
they did not interrupt and reprove sharply that base —
and bold course of defaming or impeaching things
of do high a nature by discourse; especially since
his majesty hath observed, that ever since his com-
ing to the crown, the popular sort of lawyers have
been the men, that most affrontedly in all parlia-
ments have trodden upon his prerogative: which
being most contrary to their vocation of any men, |
since the law or lawyers can never be respected, if.
the king be not reverenced ; it doth therefore best
become the judges of any, to check and bridle such
impudent lawyers, and in their several benches to dis-
grace them that bear so little respect to their king’s au-
thority and prerogative: that his majesty had a double
prerogative, whereof the one was ordinary and had .
- relation to his private interest, which might be, and
was every day, disputed in Westminster-Hall; the
other was of an higher nature, referring to his
supreme and imperial power and sovereignty, which
ought not to be disputed or handled in vulgar argu-
ment: but that of late the courts of the common law
are grown so vast and transcendent, as they did
both meddle with the king’s prerogative, and had
incroached upon all other courts of justice; as the
high commission, the councils established in Wales
and at York, the court of requests.

COMMENDAMS. 329

Concerning that which might be termed commis-
sion, his majesty took exception at the judges letter
‘both in matter and form: for matter, his majesty
plainly demonstrated, that whereas it was contained
in the judges letter, that the signification of his ma-
jesty’s letter as aforesaid was contrary to law, and not
agreeable to the oath of a judge; that could not be:
first, for that the putting off any hearing or proceed-
ing upon any just or necessary cause, is no denying
or delaying of justice, but wisdom and maturity of
proceeding; and that there cannot be a more just
and necessary cause of stay, than the consulting with
the king, where the cause concerns the crown; and
that the judges did daily put off causes upon lighter
occasions; and likewise his majesty did desire to know
of the judges, how his calling them to consult with
him was contrary to law, which they could never
answer unto.

Secondly, That it was no bare supposition or sur-
mise, that this cause concerned the king’s preroga-
tive; for that it had been directly and plainly disputed
at the bar; and the very disputing thereof in a pub-
lic audience is both dangerous and dishonourable to
his majesty.

Thirdly, That the manner of the putting off that
which the king required, was not infinite nor long
time, but grounded upon his majesty’s weighty occa-
sions, which were notorious; by reason whereof he
could not speak with the judges before the argument;
and that there was a certain expectation of his ma-
jJesty’s return at Whitsuntide: and likewise that the

330 TRACTS RELATING TO

cause had been so lately handled and argued, and
would not receive judgment by the Easter term next,
as the judges themselves afterwards confessed.

And afterwards, because there was another just
cause of absence for the two chief justices, for that
they ought to have assisted the lord chancellor the
same day in a great cause of the king’s followed by
the lord Hunsdon against the lord William Howard
in chancery; which cause of the king’s, especially
being so worthy, ought to have had precedency before
any cause betwixt party and party. Also whereas it
was contained in the judges letter that the cause of
Commendams was but acause of private interest be-
tween party and party, his majesty shewed plainly
the contrary; not only by the argument of serjeant
Chiborne, which was before his commandment, but
by the argument of the judges themselves, namely
justice Nicholls, which was after; but especially
since one of the parties is a bishop who pleaded for
the Commendams by the virtue of his majesty’s
prerogative.

Also whereas it was contained in the judges let-
ter, that the parties called upon them earnestly for
justice, his majesty conceived it to be but pretence;
urging them to prove that there was any solicitation
by the parties for expedition, otherwise than in an
ordinary course of attendance; which they could
not prove.

As for the form of the letter, his majesty noted,
that it was anew thing, and very indecent and unfit
for subjects to disobey the king’s commandment,

COMMENDAMS. 331

but most of all to proceed in the mean time, and to
return to him a bare certificate; whereas they ought
to have concluded with the laying down and repre-
senting of their reasons modestly to his majesty,
why they should proceed ; and so to have submitted
the same to his princely judgment, expecting to
hear from him whether they had given him satis-
faction.

After this his majesty’s declaration, all the judges
fell down upon their knees, and acknowledged their
error for matter and form, humbly craving his ma-
jesty’s gracious favour and pardon for the same.

But for the matter of the letter, the lord chief
justice of the king’s bench entered into a defence
thereof; the effect whereof was, that the stay re-
quired by his majesty was a delay of justice, and
therefore contrary to law and the judges oath; and
that the judges knew well amongst themselves, that
the case, as they meant to handle it, did not con-
cern his majesty’s prerogative of granting of Com-
mendams: and that if the day had not held by the
not coming of the judges, the suit had been discon-
tinued, which had been a failing of justice, and that
they could not adjourn it, because Mr. Attorney’s
letter mentioned no day certain, and that an ad-
journment must always be to a day certain.

Unto which answer of the chief justice his ma-
jesty did reply; that for the last conceit, it was
mere sophistry, for that they might in their discre-
tions have prefixed a convenient day, such as there
might have been time for them to consult with his

By $y 4 TRACTS RELATING TO

majesty before, and that his majesty left that point
of form to themselves.

And for that other point, that they should take
upon them peremptorily to discern whether the plea -
concerned the king’s prerogative, without consulting
with his majesty first, and informing his princely
judgment, was a thing preposterous; for that they
ought first to have made that appear to his majesty,
and so to have given him assurance thereof upon
consulting with him.

And for the matter, that it should be irae the }
law and against their oath, his majesty said he had
spoken enough before; unto which the lord chief
justice in effect had made no answer, but only in-
sisted upon the former opinion; and therefore the
king required the lord chancellor to deliver his opi-
nion upon that point, Whether the stay that had
been required by his majesty were contrary to law,
or against the judges oath,

The chancellor stood up and moved his majesty,
that because this question had relation to matter of
law, his majesty would be informed by his learned
counsel first, and they first to deliver their opinions,
which his majesty commanded them to do.

Whereupon his majesty’s attorney-general gave
his opinion, that the putting off of the day in manner
as was required by his majesty, to his understanding
was without all scruple no delay of justice, nor
danger of the judges oath; insisting upon some of
the reasons which his majesty had formerly opened,
and adding, that the letter he had formerly written

COMMENDAMS. aod

by his majesty’s command was no imperious letter ;
as to say his majesty for certain causes, or for causes
known to himself, would have them put off the day:
but fairly and plainly expressed the causes unto
them ; for that the king conceived upon my lord of
Winton’s report, that the cause concerned him ;
and that his majesty would have willingly spoken
with them before, but by reason of his important
business could not; and therefore required a stay
till they might conveniently speak with him, which
they knew could not be long. And in conclusion of
his speech wished the judges to consider seriously
with themselves, whether they were not in greater
danger of breach of their oaths by the proceedings,
than they would have been by their stay; for that
it is part of their oath to counsel his majesty when
they are called; and if they will proceed first in a
business whereupon they are called to counsel, and
will counsel him when the matter is past, it is more
than a simple refusal to give him counsel; and so
concluded his speech, and the rest of the learned
counsel consented to his opinion.
Whereupon the lord chief justice of the king’s
bench, answering nothing to the matter, took excep-
tion that the king’s counsel learned should plead or
dispute with the judges; for he said they were to
plead before judges, and not to dispute with them:
Whereunto the king’s attorney replied, that he
found that exception strange; for that the king’s
learned counsel were by oath and office, and much

304 TRACTS RELATING TO

more where they had the king’s express command-
ment, without fear of any man’s face, to proceed or
declare against any the greatest peer or subject of
the kingdom; and not only any subject in parti-
cular, but any body of subjects or persons, were
they judges, or were they of an upper or lower
house of parliament, in case they exceed the limits
of their authority, or took any thing from his
majesty’s royal power or prerogative; and so con-
cluded, that this challenge, and that in his majesty’s
presence, was a wrong to their places, for which
he and his fellows did appeal to his majesty for
reparation. And thereupon his majesty did affirm,
that it was their duty so to do, and that he would
maintain them therein, and took occasion afterward —
again to speak of it; for when the lord chief justice
said, he would not dispute with his majesty, the
king replied, That the judges would not dispute
with him, nor his learned counsel might not dispute —
with them: so whether they did well or ill, it must
not be disputed.

After this the lord chancellor declared his mind —
plainly and clearly, that the stay that had been by
his majesty required, was not against the law, nora
breach of the judges oath, and required that the
judges oath itself might be read out of the statute,
which was done by the king’s solicitor, and all the
words thereof weighed and considered.

Thereupon his majesty and the lords thought
good to ask the judges severally their opinions ; the

COMMENDAMS. ° 335

question being put in this manner; Whether, if at
any time, in a case depending before the judges, his
majesty conceived it to concern him either in power
or profit, and thereupon required to consult with
them, and that they should stay proceedings in the
mean time, they ought not to stay accordingly ?
They all, the lord chief justice only excepted,
yielded that they would, and acknowledged it to be
their duties so to do; only the lord chief justice of
the king’s bench said for answer, that when the case
should be, he would do that which should be fit for
ajudge todo. And the lord chief justice of the
common pleas, who had assented with the rest, added,
that he would ever trust the justice of his majesty’s
commandment. After this was put to a point, his
majesty thought fit, in respect of the farther day of
argument, appointed the Saturday following for the
Commendams, to know from his judges what he
might expect from them concerning the same.
Whereupon the lord of Canterbury breaking the
case into some questions, his majesty did require his
judges to deal plainly with him, whether they
meant in their argument to touch the general power
of granting Commendams, yea or no? Whereupon
all the said judges did promise and assure his ma-
jesty, that in the argument of the said case of Com-
mendams, they would ‘speak nothing which should
weaken or draw into doubt his majesty’s preroga-
tive for granting of them; but intended particularly
to insist upon the points of “ lapse” and other judicial
points of this case, which they conceived to be of a

336 TRACTS RELATING TO

form differing from all other Commendams which
have been practised.

The judges also went farther, and did promise
his majesty, that they would not only abstain from
speaking any thing to weaken his majesty’s prero-
gative of Commendams, but would directly and in
plain terms affirm the same, and correct the erro-
neous and bold speeches which had been used at the
bar in derogation thereof.

Also the judges did in general acknowledge and
profess with great forwardness, that it was their
duty, if any counsellor at the law presumed at any
time to call in question his majesty’s high preroga-
tive, that they ought to reprehend them and silence
them ; and all promised so to do hereafter.

Lastly, the two judges that were then next to
argue, Mr. Justice Dodderidge and Mr. Justice
Winch, opened themselves unto his majesty thus
far; that they would insist chiefly upon the “ lapse,”
and some points of uncertainty, repugnancy, and
absurdity, being peculiar to this Commendam; and
that they would shew their dislike of that which
had been said at the bar for the weakening of the
general power; and Mr. Justice Dodderidge said
he would conclude for the king, that the church
was void and in his majesty’s gift; he also said
that the king might give a Commendam to a bishop
either before or after his consecration, and that he
might give it him during his life, or for a certain
number of years.

The judges having thus far submitted and declared _

CHIEF JUSTICE COKE. 337

themselves, his majesty commanded them to keep the
bounds and limits of their several courts, not to suffer
his prerogative to be wounded by rash and unadvised
pleading before them, or by new invention of law; for
as he well knew the true and ancient common law
is the most favourable for kings of any law in the
world ; so he advised them to apply their studies to
that ancient and best law, and not to extend the power
of any other of their courts beyond their due limits ;
following the precedents of their best ancient judges
in the times of the best government ; and that then
they might assure themselves that he, for his part, in
his protection of them, and expediting of justice,
would walk in the’steps of ancient and best kings.
Whereupon he gave them leave to proceed in their
argument.

When the judges were removed, his majesty that
had forborn to ask the voices and opinions of his
eouncil befcre the judges, because he would not
prejudicate the freedom of the judges opinion, con-
cerning whether the stay of proceedings, that had
been by his majesty required, could by any construc-

tion be thought to be within the compass of the
| judges oath, which they had heard read unto them,
did then put the question to his council; who all
| with one consent did give opinion, that it was far
| from any colour or shadow of such interpretation,
| and that it was against common sense to think the
contrary, especially since there is no mention made
in their oath of delay of justice, but only that they
should not deny justice, nor be moved by any of the
VOL. VII. Z

|
|
|
|
|
|

338 LETTERS RELATING TO

King’s letters, to do any thing contrary to law or
justice. |

G. Cant. Tho. Ellesmere, Canc. Th. Suffolk,
E. Worcester, Pembroke, Nottingham,
Lenox, W. Knollys, John Digby, Ralph
Winwood, Tho. Lake, Fulke Greville, Jul.
Cesar, Fra. Bacon.

A TRUE REMEMBRANCE OF THE ABUSE I RECEIVED OF
MR. ATTORNEY GENERAL * PUBLICLY IN THE EXCHE-
QUER THE FIRST DAY OF TERM; FOR THE TRUTH
WHEREOF I REFER MYSELF TO ALL THAT WERE PRE-
SENT,

I moved to have a reseizure of the lands of George
More, a relapsed recusant, a fugitive, and a practis-
ing traitor ; and shewed better matter for the queen
against the discharge by plea, which is ever with a
«salvo jure.” And this J did in as gentle and rea-
sonable terms as might be.

Mr. Attorney kindled at it, and said, “ Mr.
Bacon, if you have any tooth against me, pluck it
out; for it will do you more hurt than all the teeth
in your head will do you good.” I answered coldly
in these very words; Mr. Attorney, I respect you:

* Edward Coke, knighted by king James at Greenwich in
1603; and made lord chief justice of the common pleas, 30 June,
1606.

CHIEF JUSTICE COKE. 339

I fear you not: and the less you speak of your own
- greatness, the more I will think of it.

He replied, “ I think scorn to stand upon terms
of greatness towards you, who are less than little ;
less than the least ;” and other such strange light
terms he gave me, with that insulting, which cannot
be expressed.

Herewith stirred, yet I said no more but this:
Mr. Attorney, do not depress me so far ; for I have
been your better, and may be again, when it please
the queen. |

With this he spake, neither I nor himself could
tell what, as if he had been born attorney general ;
and in the end bade me not meddle with the queen’s
business, but with mine own; and that I was un-
sworn, etc. I told him, sworn or unsworn was all
one to an honest man; and that I ever set my ser-
vice first, and myself second; and wished to God,
that he would do the like.

Then he said, it were good to clap a “ cap. utle-
gatum” upon my back! To which I only said he
could not; and that he was at fault ; for he hunted
upon an old scent.

He gave me a number of disgraceful words be-
sides ; which I answered with silence, and shewing,
that I was not moved with them.

340 LETTERS RELATING TO

REASONS WHY IT SHOULD BE EXCEEDING MUCH FOR HIS
MAJESTY’S SERVICE TO REMOVE THE LORD COKE FROM
THE PLACE HE NOW HOLDETH * TO BE CHIEF JUSTICE
OF ENGLAND +, AND THE ATTORNEY { TO SUCCEED
HIM, AND THE SOLICITOR § THE ATTORNEY.

First, it will strengthen the king’s causes greatly
amongst the judges: for both my lord Coke will
think himself near a privy counsellor’s place, and
thereupon turn obsequious; and the attorney-gene-
ral, a new man, and a grave person, in a judge's
place, will come in well to the other, and hold him
hard to it, not without emulation between them,
who shall please the king best.

Secondly, the attorney-general sorteth not so
well with his present place, being a man timid and
scrupulous both in parliament and other business,
and one, that in a word was made fit for the late
lord Treasurer’s bent, which was to do little with
much formality and protestation: whereas the now
solicitor going more roundly to work, and being of
a quicker and more earnest temper, and more effec-

* Of chief justice of the common pleas, having been ap-
pointed to that office June 30, 1606.

+ He was advanced to that office October 25, 1613.

t Sir Henry Hobart, who had been appointed attorney-
general July 4, 1606.

§ Sir Francis Bacon, who had been sworn Solicitor-general
June 25, 1607.

CHIEF JUSTICE COKE. 341

tual in that he dealeth in, is like to recover that
strength to the king’s prerogative, which it hath
had in times past, and which is due unto it. And
for that purpose there must be brought in to be
solicitor some man of courage and speech, and a
grounded lawyer; which done, his majesty will
speedily find a marvellous change in his business.
For it is not to purpose for the judges to stand
well-disposed, except the king’s council, which is the
active and moving part, put the judges well to it ;
for in a weapon, what is a back without an edge?

Thirdly, the king shall continue and add repu-
tation to the attorney’s and solicitor’s place, by this
orderly advancement of them; which two places are
the champion’s places for his rmghts and preroga-
tive; and being stripped of their expectations and
successions to great place, will wax vile; and then
his majesty’s prerogative goeth down the wind.
Besides, the remove of my lord Coke to a place of
less profit, though it be with his will, yet will be
thought abroad a kind of discipline to him for op-
posing himself in the king’s causes; the example
whereof will contain others in more awe.

Lastly, whereas now it is voiced abroad touch-
ing the supply of places, as if it were a matter of
labour, and canvass, and money ; and other persons
are chiefly spoken of to be the men, and the great
suitors; this will appear to be the king’s own act,
and is acourse so natural and regular, as it is with-
out all suspicion of these by-courses, to the king’s
infinite honour. For men say now, the king

342 LETTERS RELATING TO

can make good second judges, as he hath done
lately* ; but that is no mastery, because men sue to
be kept from these places. But now is the trial in
those great places, how his majesty can hold good,
where there is great suit and means.

TO THE KING.

IT MAY PLEASE YOUR MAJESTY,

THIs morning, according to your majesty’s com-
mand, we have had my lord chief justice of the king’s
bench} before us, we being assisted by all our
learned council, except serjeant Crew, who was then
gone to attend your majesty. It was delivered unto
him, that your majesty’s pleasure was, that we
should receive an account from him of the perform-
ance of a commandment of your majesty laid upon
him, which was, that he should enter into a view
and retraction of such novelties, and errors, and
offensive conceits, as were dispersed in his “ Reports ;”
that he had had good time to do it ; and we doubted
not but he had used good endeavour in it, which
we desired now in particular to receive from him.
His speech was, that there were of his “ Reports,”
eleven books, that contained about five hundred

* Sir John Dodderidge was made judge of the King’s Bench,
November 25, 1612, and Sir Augustin Nichols of the Common
Pleas the day following.

¢ Sir Edward Coke.

CHIEF JUSTICE COKE. 343

cases: that heretofore in other “ Reports,’ as namely,
those of Mr. Plowden *, which he reverenced much,
there hath been found nevertheless errors, which the
wisdom of time had discovered, and later judgments
controlled; and enumerated to us four cases in
Plowden, which were erroneous: and thereupon
delivered in to us the inclosed paper, wherein your
majesty may perceive, that my lord is an happy
man, that there should be no more errors in his five
hundred cases, thanin a few cases of Plowden. Your
majesty may also perceive, that your majesty’s direc-
tion to my lord chancellor and myself, and the tra-
vail taken by us and Mr. Solicitor +, in following
and performing your direction, was not altogether
lost ; for that of those three heads, which we princi-
_ pally respected, which were the rights and liberties
of the Church, your prerogative, and the jurisdiction
of other your courts, my lord hath scarcely fallen

* Edmund Plowden, born of an ancient family of that name
at Plowden in Shropshire, who, as he tells us himself in the
preface to his “Reports,” in the twentieth year of,his age, and the
thirtieth of the reign of Henry VIII. anno 1539, began his study
of the common law in the Middle Temple. Wood adds Ath.
Oxon. Vol. J. col.219, that he spent three years in the study of
arts, philosophy, and physic, at Cambridge, and four at Oxford,
where in November 1552 he was admitted to practise chirurgery
and physic. In 1557 he became summer reader of the Mid-
dle Temple, and three years after Lent reader, having been
made serjeant, October 27, 1558. He died February 6, 1584-5,
at the age of sixty-seven, in the profession of the Roman catho-
lic faith, and lies interred in the Temple church.

+ Sir Henry Yelverton.

344 ‘LETTERS KELATING TO

upon any, except it be the prince’s case, which also
yet seemeth to stand but upon the grammatical, of
French and Latin. |

My lord did also give his promise, which your
majesty shall find in the end of his writing, thus far
in a kind of common place or thesis, that it was sin
for a man to go against his own conscience, though
erroneous, except his conscience be first informed
and satisfied.

The lord chancellor in the conclusion signified
to my lord Coke your majesty’s commandment, that
until report made, and your pleasure thereupon
known, he shall forbear his sitting at Westminster,
etc. not restraining nevertheless any other exercise
of his place of chief justice in private.

Thus having performed, to the best of our under-
standing, your royal commandment, we rest ever

Your Majesty’s most faithful,
and most bounden servants, etc.

THE LORD VISCOUNT VILLIERS TO SIR FRANCIS BACON,
ATTORNEY-GENERAL.

SIR,
I have acquainted his majesty with my lord chan-
cellor’s and your report, touching my lord Coke; as
also with your opinion therein; which his majesty
doth dislike for these three reasons: first, because,
that by this course you propound, the process cannot
have a beginning, till after his majesty’s return ;
which, how long it may last after, no man knoweth.

CHIEF JUSTICE COKE. 345

He therefore thinketh it too long and uncertain a
delay, to keep the bench so long void from a chief
justice. Secondly, although his majesty did use the
councils advice in dealing with the chief justice upon
his other misdemeanors; yet he would be loth to
lessen his prerogative, in making the council judges,
whether he should be turned out of his place or no,
if the case should so require. Thirdly, for that my
lord Coke hath sought means to kiss his majesty’s
hands, and withal to acquaint him with some things
of great importance to his service ; he holdeth it not
fit to admit him to his presence, before these points
be determined, because that would be a grant of his
pardon before he had his trial. And if those things,
wherewith he is to acquaint his majesty, be of such
consequence, it would be dangerous and prejudicial
to his majesty, to delay him too long. Notwith-
standing, if you shall advise of any other reasons to
the contrary, his majesty would have you, with all
the speed you can, to send them unto him; and in
the mean time to keep back his majesty’s letter,
which is herein sent unto you, from my lord Coke’s
knowledge, until you receive his majesty’s further
direction for your proceeding in his business.
And so I rest,
your ever assured friend at command,
Theobald’s, Grorce VILLIERS.

the 3d of October, 1616. 2
To the Right Honourable Sir Francis Bacon, Knight,

His Majesty's Attorney-General, and of his most

honourable privy council.

346 LETTERS RELATING. TO

TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

WE have considered of the letters, which we received
from your majesty, as well that written to us both,
as that other written by my lord Villiers to me, the
attorney, which I thought good to acquaint my lord
chancellor withal, the better to give your majesty
satisfaction. And we most humbly desire your ma-
jesty to think, that we are, and ever shall be, ready
to perform and obey your majesty’s directions; to-
wards which the first degree is to understand them
well.

In answer therefore to both the said letters, as
well concerning matter as concerning time, we shall
in all humbleness offer to your majesty’s high wis-
dom the considerations following :-

First, we did conceive, that after my lord Coke
was sequestered from the table and his circuits *,
when your majesty laid upon him your command-
ment for the expurging of his “ Reports,” and com-
manded also our service to look into them, and into
other novelties introduced into the government, your
majesty had in this your doing two principal ends :

The one to see, if upon so fair an occasion he

* On the 30th of June, 1616. Camdeni Annales Regis Ja-
cobi I. p. 19; and Peck, Desiderata Curiosa, Vol. I. Lib. VI.

p- 18.

CHIEF JUSTICE COKE. 347

would make any expiation of his former faults: and
also shew himself sensible of those things in his “ Re-
ports,” which he could not but know were the likest
to be offensive to your majesty.

The other, to perform “ de vero” this right to
your crown and succession, and your people also;
that those errors and novelties might not run on,
and authorize by time, but might be taken away,
whether he consented to it or no.

But we did not conceive your majesty would
have had him charged with those faults of his book,
or those other novelties ; but only would have had
them represented to you for your better informa-
tion.

Now your majesty seeth what he hath done, you
can better judge of it than we can. If, upon this
probation added to former matters, your majesty
think him not fit for your service, we must in all
humbleness subscribe to your majesty, and acknow-
ledge that neither his displacing, considering he
holdeth his place but during your will and pleasure,
nor the choice of a fit man to be put in his room, are
council-table matters, but are to proceed wholly
from your majesty’s great wisdom and gracious
pleasure. So that in this course, it is but the signi-
fication of your pleasure, and the business is at an
end as to him. Only there remaineth the actual
expurgation or animadversions of the books.

But if your majesty understand it, that he shall be
charged, then, as your majesty best knoweth, justice
requireth, that he be heard and called to his answer,

348 LETTERS RELATING TO

and then your majesty will be pleased to consider,
before whom he shall be charged; whether before
the body of your council, as formerly he was, or
some selected commissioners ; for we conceive your
majesty will not think it convenient it should be
before us two only. Alsothe manner of his charge
is considerable, whether it shall be verbal by your
learned council, as it was last ; or whether, in respect
of the multiplicity of matters, he shall not have the
collections we have made in writing, delivered to
him. Also the matter of his charge is likewise con-
siderable, whether any of those points of novelty,
which by your majesty’s commandment we collected,
shall be made part of his charge ; or only the faults
of his books, and the prohibitions and “ habeas
corpus,” collected by my lord of Canterbury. In all
which course we foresee length of time, not so much
for your learned council to be prepared, for that is
almost done already, but because himself,no doubt,
will crave time of advice to peruse his own books,
and to see, whether the collections be true, and that
he be justly charged ; and then to produce his proofs,
that those things, which he shall be charged with,
were not conceits or singularities of his own, but the
acts of court, and other like things, tending to excu-
sation or extenuation; wherein we do not see, how
the time of divers days, if not of weeks, can be
denied him. ea

Now for time, if this last course of charging him
be taken, we may only inform your majesty thus
much, that the absence of a chief justice, though it

CHIEF JUSTICE COKE. © 349

should be for a whole term, as it hath been often:
upon sickness, can be no hindrance to common jus-
tice. For the business of the king’s bench may be
dispatched by the rest of the judges: his voice in
the star-chamber may be supplied by any other judge,
that my lord chancellor shall call; and the trials by
“ nisi prius” may be supplied by commission.

But as for those great matters of discovery, we
can say nothing more than this, that either they are
old or new. If old, he is to blame for having kept
them so long: if new, or whatsoever, he may adver-
tise your majesty of them by letter, or deliver them
by word to such counsellor as your majesty will
assign.

Thus we hope your majesty will accept of our
sincerity, having dealt freely and openly with your
majesty, as becometh us: and when we shall receive
your pleasure and direction, we shall execute and
obey the same in all things; ending with our prayers
for your majesty, and resting

Your Majesty’s most faithful, and
most bounden servants,
T. ELLesmMers, Canc.

Fr. Bacon.
October 6, 1616.

REMEMBRANCES OF HIS MAJESTY’S DECLARATION,
TOUCHING THE LORD COKE.

Tuar although the discharging and removing of his
majesty’s officers and servants, as well as the choice

4

350 LETTERS RELATING TO

and advancement of men to place, be no council-table
matters, but belong to his majesty’s princely will and
secret judgment; yet his majesty will do his council
this honour, that in his resolutions of that kind, his
council shall know them first before others, and shall
know them, accompanied by their causes, making as
it were a private manifesto, or revealing of himself
to them without parables.

Then to have the report of the lords touching the
business of the lord Coke, and the last order of the
council read.

That done, his majesty farther to declare, that he
might, upon the same three grounds in the order
mentioned, of deceit, contempt, and slander of his
government, very justly have proceeded then, not
only to have put him from his place of chief justice,
but to have brought him in question in the star-
chamber, which would have been his utter over-
throw; but then his majesty was pleased for that
time only to put him off from the council-table, and
from the public exercise of his place of chief justice, -
and to take farther time to deliberate.

That in his majesty’s deliberation, besides the
present occasion, he had in some things looked back
to the lord Coke's former carriage, and in some things
looked forward, to make some farther trial of him.

That for things passed, his majesty had noted in
him a perpetual turbulent carriage, first towards
the liberties of his church and estate ecclesiastical ;
towards his prerogative royal, and the branches

thereof; and likewise towards all the settled juris-
; |

CHIEF JUSTICE COKE. 351

dictions of all his other courts, the high commission,
the star-chamber, the chancery, the provincial coun-
cils, the admiralty, the duchy, the court of requests,
the commission of inquiries, the new boroughs of
Ireland; in all which he had raised troubles and
new questions; and lastly, in that, which might
concern the safety of his royal person, by his expo-
sition of the laws in cases of high treason.

That, besides the actions themselves, his majesty
in his princely wisdom hath made two special obser-
vations of him; the one, that he having in his nature
not one part of those things, which are popular in
men, being neither civil, nor affable, nor magnificent,
he hath made himself popular by design only, in
pulling down government. The other, that whereas |
his majesty might have expected a change in him,
when he made him his own, by taking him to be of
his council, it made no change at all, but to the
worse, he holding on all his former channel, and
running separate courses from the rest of his council;
and rather busying himself in casting fears before
his council, concerning what they could not do, than
joining his advice what they should do.

That his majesty, desirous yet to make a farther
trial of him, had given him the summer’s vacation to
reform his “ Reports,” wherein there be many dan-
gerous conceits of his own uttered for law, tothe
prejudice of his crown, parliament, and subjects;
and to see, whether by this he would in any part
redeem his fault. But that his majesty hath failed
of the redemption he desired, but hath met with

352 LETTERS RELATING TO

another kind of redemption from him, which he little
expected. For as to the “ Reports,” after three
months time and consideration, he had offered his
majesty only five animadversions, being rather a
scorn, than a satisfaction to his majesty; whereof
one was that in the prince’s case he had found out
the French statute, whieh was “ filz aisne,” whereas
the Latin was “ primogenitus ;” and so the prince is
duke of Cornwall in French, and not duke of Corn-
wall in Latin. And another was, that he had set
Montagu to be chief justice in Henry VIII's time,
when it should have been in Edward VI’s, and such
other stuff; not falling upon any of those things,
which he could not but know were offensive.

That hereupon his majesty thought good to re-
fresh his memory, and out of many cases, which his:
majesty caused to be collated, to require his answer
to five, being all such, as were but expatiations of his
own, and no judgments; whereunto he returned such
an answer, as did either justify himself, or elude the
matter, so as his majesty seeth plainly “ antiquum
obtinet.”

TO THE KING.

MAY IT PLEASE YOUR EXCELLENT MAJESTY,

I send your majesty a form of discharge for my lord
Coke from his place of chief justice of your bench*.

* Sir Edward Coke was removed from that post on the 15th
November, 1616.

CHIEF JUSTICE COKE. 353

I send also a warrant to the lord chancellor, for
making forth a writ for a new chief justice, leaving
a blank for the name to be supplied by your majesty’s
presence ; for I never received your majesty’s express
pleasure in it.

If your majesty resolve of Montagu* as I con-
ceive and wish, it is very material, as these times are,
that your majesty have some care, that the recorder
succeeding be a temperate and discreet man, and
assured to your majesty’s service. If your majesty,
without too much harshness, can continue the place
within your own servants, it is best: if not, the man,
upon whom the choice is like to fall, which is Coven-
try,+ I hold doubtful for your service ; not but that
he is awell learned, and an honest man; but he
hath been, as it were, bred by lord Coke, and sea-
soned in his ways.

God preserve your majesty.

Your Majesty’s most humble
and bounden servant,
Fr. Bacon.

I send not these things, which concern my lord
Coke, by my lord Villiers, for such reasons as your
majesty may conceive.

November 13, at noon [1616.]

* Sir Henry Montagu, recorder of London, who was made
lord chief justice of the King’s Bench, November 16, 1616, He
was afterwards made lord treasurer, and created earl of Man-
chester.

+ Thomas Coventry, Esq.; afterwards lord keeper of the
great seal.

VOL. VII. AA

354 LETTERS RELATING TO

TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

I sEND your majesty, according to your command-
ment, the warrant for the review of Sir Edward
Coke’s “ Reports.” I had prepared it before I re-
ceived your majesty’s pleasure: but I was glad to see
it was in your mind, as well asin my hands. In the
nomination, which your majesty made of the judges,
to whom it should be directed, your majesty could
not name the lord chief justice, that now is,* because
he was not then declared: but you could not leave
him out now, without discountenance.

I send your majesty the state of lord Darcy’s
cause} in the star-chamber, set down by Mr. Soli-

* Sir Henry Montagu.

+ This is just mentioned in a letter of Sir Francis Bacon to
the lord viscount Villiers, printed in his works; but is more
particularly stated in the ‘‘ Reports” of Sir Henry Hobart, lord
chief justice of the Common Pleas, p. 120, 121, Edit. London,
1658, fol. as follows. The lord Darcy of the North sued Ger-
vase Markham, Esq.; in the Star-Chamber, in 1616, on this
occasion. They had hunted together, and the defendant and a
servant of the plaintiff, one Beckwith, fell together by the ears
in the field; and Beckwith threw him down, and was upon him
cuffing him, when the lord Darcy took his servant off, and re-
proved him. However, Mr. Markham expressing some anger
against his lordship, and charging him with maintaining his
man, lord Darcy answered, that he had used Mr. Markham ©
kindly; for if he had not rescued him from his man, the latter
would have beaten him to rags. Mr. Markham, upon this,

CHIEF JUSTICE COKE. 355

citor,* and mentioned in the letters, which your
majesty received from the lords. I leave all in hum-
bleness to your majesty’s royal judgment: but this
is true, that it was the clearopinion of my lord chan-
cellor, and myself, and the two chief justices, and
others, that it is a cause most fit for the censure of
the court, both for the repressing of duels, and the
encouragement of complaints in courts of justice. If
your majesty be pleased it shall go on, there resteth
but Wednesday for the hearing; for the last day of
term is commonly left for orders, though sometimes,
upon extraordinary occasion, it hath been set down
for the hearing of some great cause.

I send your majesty also baron Bromley’s+ re-
port, which your majesty required; whereby your
majesty may perceive things go not so well in Cum-
berland, which is the seat of the party your majesty
named to me, as was conceived. And yet if there

wrote five or six letters to lord Darcy, subscribing them with
his name ; but did not send them, and only dispersed them
unsealed in the fields; the purport of them being this: that
whereas the lord Darcy had said, that, but for him, his servant
Beckwith had beaten him to rags, he lied ; and as often as he
should speak it, he lied; and that he would maintain this with
his life: adding, that he had dispersed those letters, that his
lordship might find them, or somebody else bring them to him;
and that if his lordship were desirous to speak with him, he
might send his boy, who should be well used. For this offence,
Mr. Markham was censured, and fined 5001. by the Star-
Chamber.

* Sir Henry Yelverton.

+ Edward Bromley, made one of the barons of the Exche-
quer, February 6, 1609-10.

356 LETTERS RELATING TO

were land-winds, as there be sea-winds, to bind men
in, I could wish he were alittle wind-bound, to keep
him in the south.

But while your majesty passeth the accounts of
judges in circuits, your majesty will give me leave to
think of the judges here in their upper region. And
because Tacitus saith well, “ opportuni magnis cona-
tibus transitus rerum ;” now upon this change, when
he, that letteth, is gone, I shall endeavour, to the
best of my power and skill, that there may be acon-
sent and united mind in your judges to serve you,
and strengthen your business. For I am persuaded
there cannot be a sacrifice, from which there may
come up to you a sweeter odour of rest, than this
effect, whereof I speak.

For this wretched murderer, Bertram,* now gone
to his place, I have, perceiving your majesty’s good
liking of what I propounded, taken order, that there
shall be a declaration concerning the cause in the
king’s bench, by occasion of punishment of the offence
of his keeper; and another in chancery, upon the
occasion of moving for an order, according to his just
and righteous report. And yet withal, I have set
on work a good pen,} and myself will overlook it,

* John Bertram, a grave man, above seventy years of age,
and of a clear reputation, according to Camden, Annales Regis
Jacobi I. p. 21. He killed with a pistol, in Lincoln’s Inn, on
the 12th of November, 1616, Sir John Tyndal, a master in
Chancery, for having made a report against him in a cause,
wherein the sum contended for did not exceed 2007. He
hanged himself in prison on the 17th of that month.

+ Mr. Trott.

CHIEF JUSTICE COKE. 357

for making some little pamphlet fit to fly abroad in
the country.

For your majesty’s proclamation touching the
wearing of cloth, after I had drawn a form as near as
I could to your majesty’s direction, I propounded it
to the lords, my lord chancellor being then absent ;
and after their lordships’ good approbation, and some
points by them altered, I obtained leave of them to
confer thereupon with my lord chancellor and some
principal judges, which I did this afternoon; so as,
it being now perfected, I shall offer it to the board
to-morrow, and so send it to your majesty.

So humbly craving your majesty’s pardon for
troubling you with so long a letter, specially being
accompanied with other papers, I ever rest

Your Majesty’s most humble
and bounden servant,
Fr. Bacon.

This 21st of November, at
ten at Night [1616.]

SIR EDWARD COKE TO THE KING.

MOST GRACIOUS SOVEREIGN,
I THINK it now my duty to inform your majesty of
the motives that induced the lord chancellor and
judges to resolve, that a murder or felony, committed
by one Englishman upon another in a foretgn king-
dom, shall be punished before the constable and’ mar-
shal here in England.

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358 LETTERS RELATING TO

First, in the book-case, in the 13th year of king
Henry the fourth, in whose reign the statute was
made, it is expressly said, one liege-man was killed in
Scotland by another liege-man ; and the wife of him
that was killed, did sue an appeal of murder in the
constable’s court of England. “ Vide Statutum,”
saith the book, “ de primo Henrici IV. Cap. 14. Et
contemporanea exposito est fortissima in Lege.”
Stanford,* an author without exception, saith thus,
fol. 65, a.: “ By the statute of Henry IV. Cap. 14.
if any subject kill another subject in a foreign king-
dom, the wife of him, that is slain, may have an
appeal in England before the constable and marshal;
which is a case “ in terminis terminantibus.” And
when the wife, if the party slain have any, shall have
an appeal, there, if he hath no wife, his next heir
shall have it.”

If any fact be committed out of the kingdom, upon
the high sea, the lord admiral shall determine it. If
in a foreign kingdom, the cognizance belongeth to
the constable, where the jurisdiction pertains to him.

And these authorities being seen by Bromley,
chancellor, and the two chief justices, they clearly
resolved the case, as before I have certified your
majesty.

* Sir William, the most ancient writer on the pleas of the
_ crown. He was born in Middlesex, August 22,1509, educated
in the university of Oxford, studied the law at Gray’s Inn, in
which he was elected autumn reader in 1545, made serjeant in
1552, the year following queen’s serjeant, and, in 1554, one of
the justices of the Common Pleas. He died August 28, 1548.

CHIEF JUSTICE COKE. 359

I humbly desire I may be so happy, as to kiss
your majesty’s hands, and to my exceeding comfort
to see your sacred person; and I shall ever rest

Your Majesty’s faithful and loyal subject,
Epw. Coke.
February 25, 1616-7,

To the King’s most excellent Majesty.

THE KING TO THE LORD KEEPER, IN ANSWER TO HIS
LORDSHIP’S LETTER FROM GORHAMBURY, OF JULY 25,
1617.

JAMES R.
-Ricut trusty and well beloved counsellor, we greet
you well.

Although our approach doth now begin to be near
London, and that there doth not appear any great
necessity of answering your last letter, since we are
so shortly to be at home; yet we have thought
good to make some observations to you upon the
same, that you may not err, by mistaking our
meaning.

The first observation we are to make is, that,
whereas you would invert the second sense, wherein
we took your “ magnum in parvo,” in accounting it
to be made “ magnum” by their streperous carriage,
that were for the match, we cannot but shew you.
your mistaking therein. For every wrong must be
judged by the first violent and wrongous ground,
whereupon it proceeds. And was not the thefteous

360 LETTERS RELATING TO

stealing away of the daughter from her own father *
the first ground whereupon all this great noise hath
since proceeded? For the ground of her getting
again came upon a lawful and ordinary warrant,
subscribed by one of our council ¢, for redress of
the former violence: and except the father of a

* Lady Hatton had first removed her daughter to Sir Ed-
mund Whithipole’s house, near Oatlands, without the know-
ledge of Sir Edward Coke; and from thence, according to a
letter of Mr. Chamberlain, dated July 19, 1617, the young lady
was privately conveyed to a house of the lord of Argyle’s by
Hampton-Court. ‘© Whence,” adds Mr. Chamberlain, ‘“ her
father, with a warrant from Mr. Secretary [Winwood] fetched
her: but indeed went farther than his warrant, and brake open
divers doors before he got her.”

+ Secretary Winwood, who, as Mr. Chamberlain observes in
the letter cited in the note above, was treated with ill language -
at the council-board by the lord keeper, and threatened with a
‘* preemunire,” on account of his warrant granted to Sir Edward
Coke. His lordship, at the same time, told the lady Compton,
mother of the earl of Buckingham, that they wished well to her
and her sons, and would be ready to serve the earl with all true af-
fection; whereas others did it out of “ faction” and ‘ ambition.”
Which words glancing directly at secretary Winwood, he alledged,
that what he had done was by the direction of the queen and the
other parties, and shewed a letter of approbation of all his
courses from the king, making the whole table judge what“ fac-
tion” or “ambition” appeared in his carriage : to which no answer
was returned. The queen, some time after, taking notice of
the disgust, which the lord keeper had conceived against secre-
tary Winwood, and asking his lordship, what occasion the
secretary had given him to oppose himself so violently against
him, his lordship answered, ‘‘ Madam, I can say no more but
heis proud, and I am proud.” MS. letter of Mr. Chamberlain,
October 11, 1617.

CHIEF JUSTICE COKE. 361

child might be proved to be either lunatic, or idiot,
we never read .in any law, that either it could be
lawful for any creature to steal his child from him;
or that it was a matter of noise and streperous car-
riage for him to hunt for the recovery of his child
again.. «

Our next observation is, that whereas you pro-
test your affection to Buckingham, and thereafter
confess, that it is in some sort “ parent-like ;” yet, after
that you have praised his natural parts, we will not
say, that you throw all down by a direct imputation
upon him ; but we are sure you do not deny to have
had a greater jealousy of his discretion, than, so far
as we conceive, he ever deserved at your or any
man’s hands. For you say, that you were afraid,
that the height of his fortune might make him too
secure ; and so, as a looker-on, you might sometime
see more than a gamester. Now we know not how
to interpret this in plain English otherwise, than
that you were afraid, that the height of his fortune
might make him misknow himself. And surely, if
that be your “ parent-like affection” toward him, he
hath no obligation to you for it. And, for our part,
besides our own proof, that we find him farthest
from that vice of any courtier, that ever we had so
near about us; so do we fear, that you shall prove
the only phenix in that jealousy of all the kingdom.
For we would be very sorry, that the world should

apprehend that conceit of him. But we cannot con-

ceal, that we think it was least your part of any to
enter into that jealousy of him, of whom we have

362 LETTERS RELATING TO

heard you oft speak in a contrary style. And as for
that error of yours, which he lately palliated,
whereof you seem to pretend ignorance; the time
is so short since you commended to him one * to be
of the barons of our exchequer in Ireland, as we
cannot think you to be so short of memory, as to
have forgotten how far you undertook in that busi-
ness, before acquainting us with it; what a long
journey you made the poor man undertake, together
with the slight recommendation you sent of him;
which drave us to those straits, that both the poor
man had been undone, and your credit a little
blasted, if Buckingham had not, by his importunity,
made us both grant you more than suit, for you had
already acted a part of it, and likewise run a hazard
of the hindrance of your own service, by preferring
a person to so important a place, whom you so
slightly recommended.

Our third observation is upon the point of your
opposition to this business, wherein you either do,
or at least would seem to, mistake us a little. For
first, whereas you excuse yourself of the oppositions
you made against Sir Edward Coke at the council-
table, both for that, and other causes; we never took
_ upon us such a patrociny of Sir Edward Coke, as if
he were a man not to be meddled withal in any case.

For whatsoever you did against him, by our employ- ~

ment and commendation, we ever allowed it, and
still do, for good service on your part. “ De bonis

* Mr. Lowder. See the letter of the earl of Buckingham of
the 5th of July.

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CHIEF JUSTICE COKE. 363

operibus non lapidamus vos.” But whereas you talk
of the riot and violence committed by him, we wonder
you make no mention of the riot and violence of
them, that stole away his daughter, which was the
first ground of all that noise, as we said before. For
a man may be compelled by manifest wrong beyond
his patience ; and the first breach of that quietness,
which hath ever been kept since the beginning of

our journey, was made by them that committed the

theft. And for your laying the burden of your op-
position opon the council, we meddle not with that
question ; but the opposition, which we justly find
fault with you, was the refusal to sign a warrant for
the father to the recovery of his child, clad with
those circumstances, as is reported, of your slight
carriage to Buckingham’s mother, when she repaired
to you upon so reasonable an errand. What far-
ther opposition you made in that business, we leave
it to the due trial in the own time. But whereas
you would distinguish of times, pretending ignor-
ance either of our meaning or his, when you made
your opposition ; that would have served for a rea-
sonable excuse not to have furthered such a business,
till you had been first employed in it: but that can
serve for no excuse of crossing any thing, that so
nearly concerned one, whom you profess such friend-
ship unto. We will not speak of obligation; for
surely we think, even in good manners, you had
reason not to have crossed any thing, wherein you
had heard his name used, till you had heard from
him. For if you had willingly given your consent

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364 _ LETTERS RELATING TO

and hand to the recovery of the young gentlewoman;
and then written both to us and to him what incon-
venience appeared to you to be in such a match;
that had been the part indeed of a true servant to
us, and a true friend to him. But first to make an
opposition; and then to give advice by way of
friendship, isto make the plow go before the horse.
Thus leaving all the particulars of your carriage,
in this business, to the own proper time, which is
ever the discoverer of truth, we commend you to
God. Given under our signet at Nantwich, in the
fifteenth year of our reign of Great Britain, ete.

SIR HENRY YELVERTON, ATTORNEY-GENERAL, TO THE
LORD KEEPER BACON.

al

MY MOST WORTHY AND HONOURABLE LORD,

I pare not think my journey lost, because I have
with joy seen the face of my master, the king, though
more clouded towards me than I looked for.

Sir Edward Coke hath not forborne, by any en- |

gine, to heave at your honour, and at myself; and
he works by the weightiest instrument, the earl of
Buckingham, who, as I see, sets him as close to him
as his shirt, the earl speaking in Sir Edward’s praise,
and, as it were, menacing in his spirit.

My lord, I emboldened myself to assay the tem- —

per of my lord of Buckingham to myself, and found it
very fervent, misled by information, which yet I find
he embraced as truth, and did nobly and plainly tell

CHIEF JUSTICE COKE. 365

me, he would not secretly bite; but whosoever had
any interest, or tasted of the opposition to his bro-
ther’s marriage, he would as openly oppose them to
their faces, and they should discern what favour he
had, by the power he would use.

In the passage between him and me, I stood with
much confidence upon these grounds. *

First, that neither your lordship, nor myself had
any way opposed, but many ways had furthered, the
fair passage to the marriage.

Secondly, that we only wished the manner of Sir
Edward’s proceedings to have been more temperate,
and more nearly resembling the earl’s sweet disposi-
tion. :

Thirdly, that the chiefest check in this business
was Sir Edward himself, who listened to no advice,
who was so transported with passion, as he purposely
declined the even way, which your lordship and the
rest of the lords left both him, his lady, and _ his
daughter in.

Fourthly, I was bold to stand upon my ground ;
and so I said I knew your lordship would, that these
were slanders, which were brought him of us both,
and that it stood not with his honour to give credit
to them.

After I had passed these straits with the pal,
leaving him leaning still to the first relation of envi-
ous and odious adversaries, | had ventured to approach
his majesty, who graciously gave me his hand to
kiss, but intermixed withal that I deserved not that
favour, if three or four things were true, which he

366 LETTERS RELATING TO

had to object against me. I was bold to crave his
princely justice ; first, to hear, then to judge; which
he graciously granted, and said, he wished I could
clear myself. I answered I would not appeal to his
mercy in any of the points, but would endure the
severest censure, if any of them were true. Where-
upon he said, he would reserve his judgment till he
heard me; which could not be then, his other occa-
sions pressed him so much. All this was in the
hearing of the earl; and I protest, I think the con.
fidence in my innocency made me depart half justi- |
fied; for I likewise kissed his majesty’s hand at his
departure; and though out of his grace he com-
manded my attendance to Warwick, yet upon my .
suit he easily inclined to give me the choice, to wait
on him at Windsor, or at London.

Now, my lord, give me leave, out of all my affec-
tions, that shall ever serve you, to intimate touching —
yourself :

1. That every courtier is acquainted, that the
earl professeth openly against you, as forgetful of his
kindness, and unfaithful to him in your love, and in
your actions. :

2. That he returneth the shame upon himself, —
in not listening to counsel, that dissuaded his affec-
tions from you, and not to mount you so high, not
forbearing in open speech, as divers have told me,
and this bearer, your gentleman, hath heard also, to —
tax you, as if it were an inveterate custom with
you, to be unfaithful to him, as you were to the
earls of Essex and Somerset.

CHIEF JUSTICE COKE. | 367

3. That it is too common in every man’s mouth
in court, that your greatness shall be abated; and
as your tongue hath been asa razor to some, so shall
theirs be to you.

4, That there are laid up for you, to make your
burden the more grievous, many petitions to his
majesty against you.

My lord, Sir Edward Coke, as ifhe were already
upon his wings, triumphs exceedingly ; hath much
private conference with his majesty; and in public
doth offer himself, and thrust upon the king, with as
great boldness of speech, as heretofore.

It is thought, and much feared, that at Wood-
stock he will again be recalled to the council-table ;
for neither are the earl’s ears, nor his thoughts, ever
off him.

Sir Edward Coke, with much audacity, affirmeth
his daughter to be most deeply in love with Sir John
Villiers ; ‘that the contract pretended with the earl
of Oxford is counterfeit ; and the letter also, that
is pretended to have come from the earl.

My noble lord, if I were worthy, being the mean-
est of all to interpose my weakness, I would humbly
desire,

1. That your lordship fail not to be with his ma-

jesty at Woodstock. The sight of you will fright

some.

2. That you single not yourself from other lords;
but justify the proceedings as all your joint acts ;
and I little fear but you pass conqueror.

3. That you retort the clamour and noise in this

368 LETTERS RELATING TO

business upon Sir Edward Coke, by the violence of
his carriage.

4, That you seem not dismayed, but open your-
self bravely and confidently, wherein you can excel
all subjects; by which means I know you shall
amaze some, and daunt others.

I have abused your lordship’s patience long; but
my duty and affection towards your lordship shall
have no end: but I will still wish your honour
greater, and rest myself.

Your Honour’s servant,
Henry YELVERTON.
Daventry, Sept. 3, 1617.
I beseech your lordship burn this letter.

To the right honourable his singular good lordship,
the lord keeper of the great seal.

TO THE MARQUIS OF BUCKINGHAM.

MY VERY GOOD LORD,

Tuts day afternoon, upon our meeting in council,
we have planed those rubs and knots, which were
mentioned in my last, whereof I thought good pre-
sently to advertise his majesty. The days hold with-
out all question, and all delays diverted and quieted.

Sir Edward Coke was at Friday’s hearing, but in
his night-cap; and complained to me, he was ambu-
lant, and not current. I would be sorry he should
fail us in this cause. Therefore I desired his majesty
to signify to him by your lordship, taking knowledge ~

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CHIEF JUSTICE COKE, 369

of some light indisposition of his, how much he
should think his service disadvantaged in this cause,
if he should be at any day away ; for then he cannot
sentence.

By my next I will give his majesty some account

of the tobacco and the currants. I ever rest

Your Lordship’s most obliged friend

and faithful servant,
Fr. VeRuLAM, C'anc.
November 20, at evening, 1619.

TO THE KING.

MAY IT PLEASE YOUR MAJESTY,

Sir Edward Coke is now a-foot, and, according to
your command, signified by Mr. Secretary Calvert,
we proceed in Peacock’s examinations. For although
there have been very good diligence used, yet cer-
tainly we are not at the bottom ; and he, that would
not use the utmost of his line to sound such a business
as this, should not have due regard, neither to your
majesty’s honour nor safety.

A man would think he were in Luke Hutton’s
case again; for as my lady Roos personated Luke
Hutton, so, it seemeth, Peacock personateth Atkins.
But I make no judgment yet, but will go on with
all diligence: and, if it may not be done otherwise,
it is fit Peacock be put to torture. He deserveth it
as well as Peacham did.

I beseech your majesty not to think Iam more
bitter, because my name is in it; for, besides that I

VOL. VII. BB

370 LETTERS RELATING TO

always make my particular a cypher, when there is
question of your majesty’s honour and service, I think
myself honoured for being brought into so good
company. And as, without flattery, I think your
majesty the best of kings, and my noble lord of
Buckingham the best of persons favoured ; so I hope,
without presumption, for my honest and true inten-
tions to state and justice, and my love to my master,
I am not the worst of chancellors.

God ever preserve your majesty.

Your Majesty’s most obliged
and most obedient servant,
February 10, 1619. Fr. VeruLam, Canc.

THE FOLLOWING PAPERS, CONTAINING THE LORD CHAN-
CELLOR ELLESMERE’S EXCEPTIONS TO SIR EDWARD
COKE’s “ REPORTS, AND SIR EDWARD’s ANSWERS,
HAVING NEVER BEEN PRINTED, THOUGH MR.STEPHENS,
WHO HAD COPIED THEM FROM THE ORIGINALS, DE-
SIGNED TO HAVE GIVEN THEM TO THE PUBLIC, THEY
ARE SUBJOINED HEREIN JUSTICE TO THE MEMORY OF
THAT GREAT LAWYER AND JUDGE; ESPECIALLY AS
THE OFFENCE TAKEN AT HIS “ REPORTS” BY KING
JAMES, IS MENTIONED ABOVE IN THE LETTER OF THE
LORD CHANCELLOR AND SIR FRANCIS BACON, OF OCTO-
BER 16, 1616, To THAT KING.

TO THE KING'S MOST EXCELLENT MAJESTY.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY.

AccorpInc to your majesty’s directions signified

OOO I OE i a |

CHIEF JUSTICE COKE. 371

unto me by Mr. Solicitor, I called the lord chief
justice before me on Thursday the 17th of this in-
stant, in the presence of Mr. Attorney and others of
your learned counsel. I did let him know your
majesty’s acceptance of the few animadversions,
which, upon review of his own labours, he had sent,
though fewer than you expected, and his excuses
other than you expected, as namely, in the prince’s
case, the want of the original in French, as though,

if the original had been “ primogenitus” in Latin,

then he had not in that committed any error. I told
him farther, that because his books were many, and
the cases therein, as he saith, 500, your majesty, out
of your gracious favour, was pleased, that his memory
should be refreshed; and that he should be put in
mind of some passages dispersed in his books, which
your majesty, being made acquainted with, doth as
yet distaste, until you hear his explanation and judg-
ment concerning the same. And that out of many
some few should be selected, and that at this time he
should not be pressed with more, and these few not
to be the special and principal points of the cases,
which were judged, but things delivered by discourse,
and, as it were, by expatiation, which might have
been spared and forborn, without prejudice to the
judgment in the principal cases.

Of this sort Mr. Attorney and Mr. Solicitor made
choice of five specially, which were read distinctly to
the lord chief justice. He heard them with good
attention, and took notes thereof in writing, and, lest
there might be any mistaking either in the declaring

oT LETTERS RELATING TO

thereof unto him, or in his misconceiving of the same,

it was thought good to deliver unto him a true copy.
Upon consideration whereof, and upon advised deli-
beration, he did yesterday in the afternoon return
unto me, in the presence of all your learned counsel,
a copy of the five points before mentioned, and his
answer at large to the same, which I make bold to
present herewith to your majesty, who can best dis-
cern and judge both of this little which is done, and
what may be expected of the multiplicity of other
cases of the like sort, if they shall be brought to
further examination. All that I have done in this
hath been by your majesty’s commandment and
direction, in presence of all your learned counsel, and
by the special assistance and advice of your attorney
and solicitor.

I know obedience is better than sacrifice; for
otherwise [ would have been an humble suitor to
your majesty to have been spared in all service con-
cerning the lord chief justice. I thank God, I forget
not the fifth petition, “ Dimitte nobis debita nostra
sicut, etc.” but withal I have learned this distinction :
there is, 1. “ Remissio vindicte.” «2. Remissio pone.”
3. “ Remissio judicii.” The two first I am past, and
have freely and clearly remitted. But the last,

which is of judgment and discretion, I trust I may |

in Christianity and with good conscience retain, and
not to trust too far, etc.

I must beseech your majesty’s favour to excuse
me for all that I have here before written, but spe-
cialiy for this last needless passage ; wherein I fear

|
|
|
/
;

CHIEF JUSTICE COKE. 373

your majesty will note me to play the divine, with-
out learning, and out of season. . So with my conti-
nual prayers to God to preserve your majesty with
long, healthful, and happy life, and all earthly and
heavenly felicity, I rest
Your Majesty’s humble
and faithful subject and servant,

T. ELLesmerer, Canc.
At York-house,
22 Oct. 1616.

THE HUMBLE AND DIRECT ANSWER TO THE FOURTH QUES=
TION ARISING OUT OF DR. BONHAM'S CASE.

In this case I am required to deliver what I mean
by this passage therein, That in many cases the com-
mon law shall control acts of parliament ; and some-
times shall adjudge them to be merely void; for
where an act of parliament is against common right
and reason, the common law shall control it, and
adjudge it to be void.

The words of my report do not import any new
opinion, but only a relation of such authorities of law,
as had been adjudged and resolved in ancient and
former times, and were cited in the argument of
Bonham’s case; and therefore the words of my book
are these, “‘ It appeareth in our books, that in many
cases the common law shall control acts of parlia-
ment, and sometimes shall adjudge them to be utterly
void ; for when an act of parliament is against com-

374 LETTERS RELATING TO

mon right and reason, or repugnant or impossible
to be performed, the common law shall control this,
and adjudge such act to be void.” And therefore in
8 E. III. 80, Thomas Tregor’s case, upon the statute
of West. 2. cap. 38, “et artic. super cart.” cap. 9,
Herle saith, Some statutes are made against law and
right, which they, that made them, perceiving, would
not put them in execution.

The statute of H. II. cap. 21, gives a writ of
“ Cessavit heredi petenti super heredem tenent et
super eos, quibus alienatum fuerit hujusmodi tene-
mentum.” And yet it is adjudged in 33 E. III. « tit,
cessavit” 42, where the case was, Two co-partners,
Jords and tenant by fealty and certain rent ; the one
co-partner hath issue, and dieth, the aunt and the
niece shall not join in a “ cessavit,” because that the
heir shall not have a “ cessavit,” for the cessor in his
ancestor’s time. Fitz. N. B. 209, F. and herewith
accords Plow. com. 110. And the reason is, because
that in a “ cessayit,” the tenant, before judgment,
may render the arrearages and damages, etc. and
retain his land: and this he cannot do, when the
heir bringeth a “ cessavit” for the cessor in the time
of his ancestor; for the arrearages incurred in the
life of his ancestor do not belong to the heir.

And because that this is against common right
and reason, the common law adjudges the said act
of parliament as to this point void. The statute of
Carlisle, made anno 35 E. I. enacteth, That the
order of the Cistertians and Augustins have a con-
vent and common seal; that the common seal shall

CHIEF JUSTICE COKE. 370

be in the custody of the prior, which is under the
abbot, and four others of the discreetest of the house ;
and that any deed sealed with the common seal, that
is not so kept, shall be void. And the opinion in the
27H. VI. tit. Annuity 41, was, that this statute is
void ; for the words of the book are, it is impertinent
to be observed: for the seal being in their custody,
the abbot cannot seal any thing with it ; and when
it is in the hands of the abbot, it is out of their cus-
tody “ ipso facto.” And if the statute should be
observed, every common seal might be defeated by a
simple surmise, which cannot be. Note, reader, the
words of the said statute made at Carlisle, anno 35
E. I. which is called “ Statutum Religiosorum,” are
these: “ Et insuper ordinavit dominus rex et statuit,
quod abbates Cistercienses et Premonstratenses or-
dinum religiosorum, etc. de cetero habeant sigillum
commune, et illud in custodia prioris monasterii seu
domus et quatuor de dignioribus et discretioribus
ejusdem loci conventus sub privato sigillo abbatis
ipsius loci custod. deponend. Et si forsan aliqua
scripta obligationum, donationum, emptionum, ven-
ditionum, alienationum, seu aliorum quorumcunque
contractuum alio sigillo quam tali sigillo communi
sicut premittitur custodit, inveniatur amodo, sigillata
pro nullo penitus habeantur, omnique careant firmi-
tate.” So the statute of | E. VI. cap. 14, gives chan-
teries, etc. to the king, saving to the donor, ete. all
such rents, services, etc. and the common law con-
trols this, and adjudges it void as to the services ;
and the donor shall have the rent as a rent-seck to

376 LETTERS RELATING TO

_ distrain of common right ; for it should be against
common right and reason, that the king should hold
of any, or do suit to any of his subjects, 14 Eliz.
Dyer, 313. And so it was adjudged Mich. 16 and
17 Eliz. in the common place in Stroud’s case. So
if any act of parliament give to any to hold, or to
have conusance of all manner of pleas before him
arising within his manor of D. yet he shall hold no
plea, whereunto himself is a paty, for “ Iniquum est
aliquem suz rei esse judicem.”

Which cases being cited in the argument of this
case, and I finding them truly vouched, I reported
them in this case, as my part was, and had no other
meaning than so far as those particular cases there
cited do extend unto. And therefore the beginning.
is, It appeareth in our books, etc. And so it may be
explained, as it was truly intended.

In all which I most humbly submit myself to
your majesty’s princely censure and judgment.

| Epw. Cokg.

THE HUMBLE AND DIRECT ANSWER TO THE LAST QUES-
TION ARISING UPON BAGG'S CASE,

Iv was resolved, that to this court of the King’s
Bench belongeth authority not only to correct errors
in judicial proceedings, but other errors and misde-
meanors tending to the breach of the peace, or
oppression of the subjects, or to the raising of fac-
tion or other misgovernment: so that no wrong or

CHIEF JUSTICE COKE. O77

injury either public or private can be done, but it
shall be reformed and punished by law.

Being commanded to explain myself concerning
these words, and principally concerning this word,
“ misgovernment ;”

I answer, that the subject-matter of that case
concerned the misgovernment of the mayors and
other the magistrates of Plymouth.

And I intended for the persons the misgoyern-
ment of such inferior magistrates for the matters in
committing wrong or injury, either public or private,
punishable by law, and therefore the last clause was
added, “ and so no wrong or injury, either public
or private, can be done, but it shall be reformed and
punished by law ;” and the rule is “ verba intelli-
genda sunt secundum subjectam materiam.”

And that they and other corporations might
know,. that factions and other misgovernments
amongst them, either by oppression, bribery, unjust
disfranchisements, or other wrong or injury, public
or private, are to be redressed and punished by law,
it was so reported.

But if any scruple remains to clear it, these
words may be added “ by inferior magistrates ;” and
so the sense shall be by faction or misgovernment
of inferior magistrates, so as no wrong or in-
jury, ete.

All which I most humbly ‘submit to your
mayjesty’s princely judgment,
| Epw. Coke.

378 LETTERS RELATING TO

MAY IT PLEASE YOUR LORDSHIP,

ABOVE a year past, in my late lord chancellor’s |

time, information was given to his majesty, that I
having published in eleven works or books of re-
ports, containing above 600 cases one with another,
had written many things against his majesty’s prero-

gative. And I being by his majesty’s gracious —

favour called thereunto, all the exceptions, that
could be taken to so many cases in so many books,
fell to five, and the most of them too were by pas-
sages in general words; all which I offered to explain
in such sort, as no shadow should remain against his
majesty’s prerogative, as in truth there did not;
which whether it were related to his majesty, I
know not. But thereupon the matter hath slept
all this time; and now the matter, after this ever
blessed marriage, is revived, and two judges are
called by my lord keeper to the former, that were
named. My humble suit to your lordship is, that if
his majesty shall not be satisfied with my former
offer, viz. by advice of the judges to explain and
publish as is aforesaid those five points, so as no
shadow may remain against his prerogative; that
then all the judges of England may be called here-
unto. 2. That they may certify also what cases I
have published for his majesty’s prerogative and
benefit, for the good of the Church, and quieting of
men’s inheritances, and good of the commonwealth ;
for which purpose I have drawn a minute of a let-
ter to the judges, which I assure myself your lord-

a EE ee ee eee

CHIEF JUSTICE COKE. 379

ship will judge reasonable; and so reposing myself
upon your lordship’s protection I shall ever remain
Your most bounden servant,
Epw. Coke.

Superscribed,

To the right honourable his singular good lord the earl of
Buckingham, of his majesty’s prvoy council.

THE LETTER TO THE JUDGES.

Wuenreas in the time of the late lord chancellor in-
timation was given unto us, that divers cases were
published in Sir Edward Coke’s reports, tending to
the prejudice of our prerogative royal; whereupon
we caring for nothing more, as by our kingly office
we are bounden, than the preservation of preroga-
tive royal, referred the same; and thereupon, as
we are informed, the said Sir Edward Coke being
called thereunto, the objections were reduced to five
only, and most of them consisting in general terms ;
all which Sir Edward offered, as we are informed,
to explain and publish, so as no shadow might re-
main against our prerogative. And whereas of late
two other judges are called to the others formerly
named. Now our pleasure and intention being to
be informed of the whole truth, and that right be

~ done to all, do think it fit, that all the judges of
England, and barons of the Exchequer, who have

380 LETTERS RELATING, &c.

principal care of our prerogative and benefit, do
assemble together concerning the discussing of that,
which, as is aforesaid, was formerly referred ; and also
what cases Sir Edward Coke hath published to the
maintenance of our prerogative and benefit, for the
safety and increase of the revenues of the Church,
and for the quieting of men’s inheritances, and the
general good of the commonwealth : in all which we
require your advice and careful considerations ; and
that before you make any certificate to us, you con-
fer with the said Sir Edward, so as all things may
be the better cleared.

Lo all the judges of England, and barons of the
Evvchequer.

In the library of the late Thomas earl of Leices-
ter, the descendent of Sir Edward Coke, at Holkham
in Norfolk, is a copy of the Novum Organum, inti-
tled Instauratio Magna, printed by John Bill in
1620, presented to Sir Edward, who at the top of
the title page has written Edw. C. ev dono auctoris.

Auctori Consilium.
Instaurare paras veterum documenta sophorum :
Instaurare Leges Justitiamq; prius.

And over the device of the ship passing between
Hercules’s pillars, Sir Edward has written the two
following verses :

‘<¢ Tt deserveth not to be read in schooles,
But to be freighted in the Ship of Fools.”

Alluding to a famous book of Sebastian Brand,

~ born at Strasburgh about 1460, written in Latin and_

CHARGE AGAINST WHITELOCKE. 381

High Dutch verse, and translated into English in
1508 by Alexander Barklay, and printed at London
the year following by Richard Pynson, printer to
Henry VII. and Henry VIII. in folio, with the fol-
lowing title, “ The Shyp of Follys of the World:
translated in the Coll. of Saynt Mary Otery in the
counte of Devonshyre, oute of Latin, Frenche, and
Doche, into Englesshe tongue, by Alex. Barklay,
preste and chaplen in the said College m,ccccc,viit.”
It was dedicated by the translator to Thomas Corn-
ish, bishop of Tine, and suffragan bishop of Wells,
and adorned with great variety of wooden cuts.

THE CHARGE AGAINST MR. WHITELOCKE *.

MY LORDS,

Tue offence, wherewith Mr. Whitelocke is charged,
for as to Sir Robert Mansell, I take it to my part

* He had been committed, in May 1613, to the Fleet, for
speaking too boldly against the marshal’s court, and for giving
his opinion to Sir Robert Mansell, treasurer of the navy, and
vice-admiral, that the commission to the earl of Nottingham,
lord high admiral, for reviewing and reforming the disorders
_ committed by the officers of the navy, was not according to law ;
though Mr. Whitelocke had given that opinion only in private
to his client, and not under his hand. Sir Robert Mansell was
also committed to the Marshalsea, for animating the lord admi-
ral againstthe commission. [Sir Ralph Windwood’s Memorials
of State, Vol. III. p.460.] This Mr. Whitelocke was probably

382 CHARGE AGAINST WHITELOCKE.,

only to be sorry for his error, is a contempt of a high
nature, and resting upon two parts: on the one, a
presumptuous and licentious censure and defying of
his majesty’s prerogative in general; the other a
slander and traducement of one act or emanation
hereof, containing a commission of survey and refor-
mation of abuses in the office of the navy.

This offence is fit to be opened and set before
your lordships, as it hath been well begun, both in
the true state and in the true weight of it. For as I
desire, that the nature of the offence may appear in
its true colours; so, on the other side, I desire, that
the shadow of it may not darken or involve any thing
that is lawful, or agreeable with the just and rea-
sonable liberty of the subject.

First, we must and do agree, that the asking,

the same with James Whitelocke, who was born in London
28 November, 1572, educated at Merchant-taylor’s school there,
and St. John’s college in Oxford, and studied law in the Middle
Temple, of which he was summer reader in 1619. In the pre-
ceding year, 1618, he stood for the place of recorder of the city
of London, but was not elected to it, Robert Heath, Esq. being
chosen on the 10th of November, chiefly by the recommendation
of the king, the city having been told, that they must choose
‘none, whom his majesty should refuse, as he did in particular
except to Mr. Whitelocke by name. [MS. letter of Mr. Cham-
berlain to Sir Dudley Carleton, November 14, 1618.] Mr.
_ Whitelocke, however, was called to the degree of serjeant in
Trinity-term 1620, knighted, madechief justice of Chester ; and
at last, on the 18th of October, 1624, one of the justices of the
King’s Bench; in which post he died June, 1632, He was
father of Bulstrode Whitelocke, Esq.; commissioner of the
great seal.
4

CHARGE AGAINST WHITELOCKE. 383

and taking, and giving of counsel in law is an essen-
tial part of justice; and to deny that, is to shut the
gate of justice, which in the Hebrews’ commonwealth
was therefore held in the gate, to shew all passage to
justice must be open: and certainly counsel in law
is one of the passages. But yet, for all that, this
liberty is not infinite and without limits.

If a jesuited papist should come, and ask counsel
(I put a case not altogether feigned) whether all the
acts of parliament made in the time of queen Eli-

_ zabeth and king James are void or no; because

there are no lawful bishops sitting in the upper house,
and a parliament must consist of lords spiritual
and temporal and commons; and a lawyer will
set it under his hand, that they be all void, I will
touch him for high treason upon this his counsel.

So, if a puritan preacher will ask counsel, whe-
ther he may stile the king Defender of the Faith,
because he receives not the discipline and presby-
tery; and the lawyer will tell him, it is no part of
the king’s stile, it will go hard with such a lawyer.

Or if a tribunitious popular spirit will go and ask
a lawyer, whether the oath and band of allegiance
be to the kingdom and crown only, and not to the
king, as was Hugh Spenser’s case, and he deliver his
opinion as Hugh Spenser did; he will be in Hugh
Spenser’s danger.

So as the privilege of giving counsel proveth not
all opinions: and as some opinions given are traitor-
ous; so are there others of a much inferior nature,
which are contemptuous. And among these I

38i CHARGE AGAINST WHITELOCKE.

reckon Mr. Whitelocke’s; for as for his loyalty
and true heart to the king, God forbid I should
doubt it.

Therefore let no man mistake so far, as to con-
ceive, that any lawful and due liberty of the subject,
for asking counsel in Jaw is called in question when
points of disloyalty or of contempt are restrained.
Nay, we see it is the grace and favour of the king
and his courts, that if the case be tender, and a wise
lawyer in modesty and discretion refuseth to be of
counsel, for you have lawyers sometimes too nice as
well as too bold, they are then ruled and assigned to
be of counsel. For certainly counsel is the blind
man’s guide ; and sorry I am with all my heart, that.
in this case the blind did lead the blind.

For the offence, for which Mr. Whitelocke is
charged, I hold it great, and to have, as I said at
first, two parts: the one a censure, and, as much
as in him is, a circling, nay a clipping, of the king’s
prerogative in general; the other, a slander and de-
pravation of the king’s power and honour in this
commission.

And for the first of these, I consider it again in
three degrees: first, that he presumed to censure ~
the king’s prerogative at all. Secondly, that he
runneth into the generality of it more than was per- —

tinent to the present question. And lastly, thathe

hath erroneously, and falsely, and dangerously given ~
opinion in derogation of it. :

First, I make a great difference between the king’s
grants and ordinary commissions of justice, and the —

CHARGE AGAINST WHITELObKE.: 385

king’s high commissions of regiment, or mixed with
causes of state. :

For the former, there is no doubt but they may be
freely questioned and disputed, and any defect in
matter or form stood upon, though the king be many
times the adverse party :

But for the latter sort, they are rather to be dealt
with, if at all, by a modest, and humble intimation
or remonstrance to his majesty and his council, than
by bravery of dispute or peremptory opposition.

Of this kind is that properly to be understood,
which is said in Bracton, “ De chartis et factis regiis
non debent aut possunt justitiaril aut private per-
sone disputare, sed tutius est, ut expectetur sententia
regis.”

And the king’s courts themselves have been ex-
ceeding tender and sparing in it; so that there is
in all our law not three cases of it. And in that very
case of 24 Ed. III. ass. pl. s. which Mr. Whitelocke
vouched, where, as it was a commission to arrest a
man, and to carry him to prison, and to seize his
goods without any form of justice or examination
preceding ; and that the judges saw it was obtained
by surreption : yet the judges said they would keep
it by them, and shew it to the king’s council.

But Mr. Whitelocke did not advise his client
to acquaint the king’s council with it, but pre-
sumptuously giveth opinion, that it is void. Nay,
not so much as a clause or passage of modesty, as
that he submits his opinion to censure: that it is
too great a matter for him to deal in; or this is

VOL VII. Gc

386 CHARGE AGAINST WHITELOCKE.

my opinion, which is nothing, etc. But * illotis mani-
bus,” he takes it into his hands, and pronounceth of
it, as a man would scarcely do of a warrant of a
justice of peace, and speaks like a dictator, that
“ this is law,” and “ this is against law,” etc.*

* Sir H. Wotton, in a letter of his to Sir Edmund Bacon,
[Reliq. Wotton, p. 421. edit. 3rd] written about the beginning
of June, 1613, mentions, that Sir Robert Mansell and Mr.
Whitelocke were, on the Saturday before, called to a very ho-
nourable hearing in the queen’s presence-chamber at Whitehall,
before the lords of the council, with intervention of the lord
chief justice Coke, the lord chief baron Tanfield, and the master
of the rolls; the lord chief justice of the King’s Bench, Flem-
ing, being kept at home by some infirmity. There the attor-
ney and solicitor first undertook Mr. Whitelocke, and the
recorder [Henry Montagu], as the king’s serjeant, Sir Robert
Mansell, charging the one as a counsellor, the other as a ques-
tioner, in matters of the king’s prerogative and sovereignty upon
occasion of a commission intended fora research into the admi-
nistration of the admiralty. “ Whitelocke in his answer,” adds
Sir Henry Wotton, “ spake more confusedly than was expected
from a lawyer; and the knight more temperately than was ex-
pected from a soldier . . . . Whitelocke ended his speech
with an absolute confession of his own offence, and with a pro-
mise of employing himselfhereafter in defence of the king’s pre-
rogative . . . . In this they generally agreed, both counsellors
and judges, to represent the humiliation of both the prisoners to
the king, in lieu of innocency, and to intercede for his gracious
pardon: which was done, and accordingly the next day they
were inlarged upon a submission under writing.”

LEGAL PROCEEDINGS. 387

ROBERT EARL OF SOMERSET TO SIR THOMAS OVERBURY ™.
FROM A COPY AMONG LORD BACON’S PAPERS IN THE
LAMBETH LIBRARY.

SIR,

I nave considered that my answer to you, and what
I have otherwise to say, will exceed the bounds of a
letter ; and now having not much time to use be-
twixt my waiting on the king, and the removes we
do make in this our little progress, I thought fit to
use the same man to you, whom I have heretofore
many times employed in the same business. He has,
besides an account and a better description of me to
give you, to make a repetition of the former car-
riages of all this business, that you may distinguish
that, which he did by knowledge of mine and direc-
tion, and betwixt that he did out of his own dis-
cretion without my warrant. With all this he has to
renew to you a former desire of mine, which was the
ground-work of this, and the chief errand of his
coming to you, wherein I desire your answer by
him. I would not employ this gentleman to you, if
he were, as you conceit of him, your unfriend, or an
ill instrument betwixt us. So owe him the testi-
mony of one, that has spoken as honestly, and given
more praises of you, than any man, that has spoken
to me.

"He was committed to the Tower on the 21st of April,
1613, and died there of poison on the 15th of September fol-
lowing.

388 LETTERS RELATING TO

My haste at this time makes me to end sooner
than I expected: but the subject of my next send-
ing shall be to answer that part you give me in your
love, with a return of the same from

Your assured loving friend,

R. SoMERSET.
Indorsed,
Lord Somerset’s first letter.

TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

We have, with all possible care and dilivence, con-
sidered Cotton’s* cause, the former and the latter,

* The case of this gentleman will render the detail of it neces-
sary for the illustration of this letter; and the circumstances
of it, not known in our history, may be thought to deserve the
reader’s attention. He was a native of the West of England
and a recusant, against whom a proclamation was issued in
June 1613, charging him with high treason against the king and
state for having published a very scandalous and railing book
against his majesty, under the title of Balaam’s Ass, which was
dropped in the gallery at Whitehall. Just at the time of pub-
lishing this proclamation, he happened to cross the Thames,
and enquiring of the watermen what news? they, not knowing
him, told him of the proclamation. _At landing, he muffled
himself up in his cloke, to avoid being known; but had not
gone many paces, when one Mr. Maine, a friend of his, meeting
and discovering him, warned him of his danger; and being
asked what he would advise him to do, recommended it to him
to surrender himself; which he did to the earl of Southamp-
ton. He denied himself to be the author of the libel: but his
study being searched, among his papers were found many parts
of the book, together with relics of those persons, who had

LEGAL PROCEEDINGS. 389

~ touching the book and the letter in the gilt apple,

and have advisedly perused and weighed all the
examinations and collections which were formerly

been executed for the gun-powder treason, as one of Sir Everard
Digby’s fingers, a toe of Thomas Percy, some other part of
Catesby or Rookewood, and a piece of one of Peter Lambert’s
ribs. He was kept prisoner in the Tower till March 1618,
when the true author of the libel was discovered to be John
Williams, Esq., a barrister of the Middle Temple, who had
been expelled the house of commons on account of his being a
papist. The discovery was owing to this accident: a pursuivant
in want of money, and desirous to get some by his employment,
waited at the Spanish ambassador’s door, to see if he could
light upon any prey. At last came out Mr. Williams, unknown
to the pursuivant; but carrying, in his conceit, the countenance
of apriest, The pursuivant, therefore, followed him to his inn,
where Williams having mounted his horse, the pursuivant came
to him, and told him, that he must speak a word or two with
him. ‘Marry, with all my heart, said Williams; what is your
pleasure?” You must light, answered the pursuivant; for you
are a priest. “A priest? replied Williams; I have a good war-
rant to the contrary, for I have a wife and children.” Being,
however, obliged to dismount, the pursuivant searched him;
and in his pocket was found a bundle of papers sealed up;
which the pursuivant going to open, Williams made some re-
sistance, pretending they were evidences of a gentleman whose
law-businesses he transacted. The pursuivant insisting upon
opening the papers, among them was found Balaam’s Ass, with
new annotations; of which, upon examination, Williams con-
fessed himself to be the author. He was brought to trial on the
3d of May, 1619, for writing that and another book intitled
Speculum Regale; in both of which he had presumed to pro-
phesy, that the king would die in 1621, grounding this pre-
diction on the prophecy of Daniel, where the prophet speaks of
time and times, and half a time. He farther affirmed, that

390 LETTERS RELATING TO

taken; wherein we might attribute a good deal of
worthy industry and watchful inquiry to my lord of
Canterbury. We thought fit also to take some new

Antichrist will be revealed when sin shall be at the highest,
and then the end is nigh: that such is our time; sin is now at
the highest; ergo that the land is the abomination of desolation
mentioned by Daniel, and the habitation of devils, and the
antimark of Christ’s Church. Williams’s defence was, 1. That
what he had written was not with any malice or disloyalty of
heart towards the king, but purely from affection, and by way
of caution and admonition, that his majesty might avoid the
mischiefs likely to befal him; having added in his book, when
he delivered the threats of judgment and destruction, which
God avert, or such words. 2. That the matter rested only in
opinion and thought, and contained no overt act; no rebellion,
treason, or other mischief following it. 3. That he had inclosed
his book in a box sealed up, and secretly conveyed it to the
king, without ever publishing it. But the court was unani-
mously of opinion, that he was guilty of high treason; and
that the words contained in the libel, as cited above, imported
the end and destruction of the king and his realm; and that
antichristianism and false religion were maintained in the said
realm; which was a motive to the people to commit treasons,
to raise rebellions, &c. and that the writing of the book was a
publication. Reports of Henry Rolle, serjeant at law, part II.
p- 88. In consequence of this judgment he had a sentence of
death passed upon him, which was executed over against
Charing-cross two days after. MS. letters of Mr. Thomas
Lorkin to Sir Thomas Puckering, Bart. dated at London, June
the 24th and 30th, 1613, and March the 16th, 1618-9, and May
the 4th and 5th, 1619, among the Harleian MSS. Vol. 7002.
At his death he adhered to his profession of the Roman Catholic
religion, and died with great resolution. He prayed for the
king and prince; and said, that he was sorry for having written
so saucily and irreverently ; but pretended that he had an inward

gan

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be Set oh ha. ee ae SC> ch Seas, ,
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LEGAL PROCEEDINGS. 391

examinations; which was the cause we certified no
sooner. Upon the whole matter, we find the cause
of his imprisonment just, and the suspicions and
presumptions many and great; which we little need
to mention, because your majesty did relate and
inforced them to us in better perfection, than we
can express them. But, nevertheless, the proofs
seem to us to amount to this, that it was possible
he should be the man; and that it was probable
likewise, he was the man: but no convicting proofs,
that may satisfy a jury of life and death, or that
may make us take it upon our conscience, or to
think it agreeable to your majesty’s honour, which
next our conscience to God, is the dearest thing to
us on earth, to bring it upon the stage: which not-

warrant and particular illumination to understand certain hard
passages of Daniel and the Revelation, which made him .adven-
ture so far. MS. letter of John Chamberlain, Esq. to Sir
Dudley Carleton, dated at London, May 8, 1619.

This case was urged against the seven bishops at their trial in
king James II.’s reign by Sir William Williams, then solicitor-
general, who observed, Trial, p. 76, that it had been made
use of by Mr. solicitor-general Finch on the trial of Col.
Sidney, and was the great ‘case relied upon, and that guided
though there is nothing of this, that

”

and governed that case;
appears in the printed trial of Sidney.

It is but justice to the memory of our great antiquary, Sir
Robert Cotton, Bart. to remark here a mistake of Dr. Thomas
Smith in his life of Sir Robert, p. 26. prefixed to his catalogue
of the Cottonian library, where he has confounded the Cotton,
mentioned in the beginning of this note, with Sir Robert Cotton,
and erroneously supposed, that the suspicion of having written
the libel had fallen upon the latter.

392 LETTERS RELATING TO

withstanding we, in all humbleness, submit to your
majesty’s better judgment. For his liberty, and the
manner of his delivery, he having so many notes of
a dangerous man, we leave it to your princely wis-
dom. And so commending your majesty to God’s
precious custody, we rest
Your Majesty’s most humble and bounden servants,
FR. BACON.
H. MONTAGU.

H. YELVERTON.
22 Jan. 1613.

10 JOHN MURRAY * OF THE BED-CHAMBER TO THE
KING *f.

MR. MURRAY,

I keep the same measure in a proportion with my
master and with my friend; which is, that I will
never deceive them inany thing, which is in my power;
and when my power faileth my will, I am sorry.
Monday is the day appointed for performing his
majesty’s commandment. ‘Till then I cannot tell
what to advise you farther, except it should be this,
that in case the judges should refuse to take order
in it themselves, then you must think of some war-

*He was created Viscount of Annan in Scotland, in August,
1622. Negotiations of Sir Thomas Roe, in his embassy to the Ot-
toman Porte, p.93. In April, 1624, the lord Annan was cre-
ated earl of Annandale in Scotland. IWid. p. 250.

+ This, and the three following letters, are printed from
Hart. MSS. Vol. 6986.

LEGAL PROCEEDINGS. 393

rant to Mr. Secretary, who is your friend, and
constant in the businesses, that he see forthwith his
majesty’s commandment executed, touching the
double lock; and, if need be, repair to the place,
and see by view the manner of keeping the seal ;
and take order, that there be no stay for working
of the seal of justice, nor no prejudice to Killegrew’s
farm, nor to the duty of money paid to the chief
justice. Whether this may require your presence,
as you write, that yourself can best judge. But of
this more, when we have received the judges answer.
It is my duty, as much as in me is, to procure my
master to be obeyed. I ever rest
Your friend and assured

Fr. Bacon.
January 21, 1614.

I pray deliver the inclosed letter to his majesty.

To his very good friend Mr. John Murray, of his
majesty’s bed-chamber.

TO MR. MURRAY.

MR. MURRAY,

My Lord Chancellor, yesterday in my presence, had
before him the judges of the common pleas, and
hath performed his majesty’s royal command in a
very worthy fashion, such as was fit for our master’s
greatness; and because the king may know it, I send
you the inclosed. This seemeth to have wrought
the effect desired ; for presently I sent for Sir Richard

394 LETTERS RELATING TO

Cox*, and willed him to present himself to my lord
Hobart, and signify his readiness to attend. He
came back tome, and told me, all things went on.
I know not what afterwards may be; but I think

this long chace is at anend. I ever rest
Your’s assured,

Fr. Bacon.
January 25, 1614.

TO MR. MURRAY.

MR. MURRAY,

I pray deliver the inclosed to his majesty, and have
care of the letter afterwards. I have written also to
his majesty about your reference to this purpose, that
if you can get power over the whole title, it may be
safe for his majesty to assent, that you may try the
right upon the deed. This is the farthest I can go.
I ever rest Your’s assured,

Fr. Bacon.
February 28, 1614.

TO THE KING.

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,

I sEND your majesty inclosed, a copy of our last

* He was one of the masters of the green cloth, and had
had a quarrel at court during the Christmas holy-days of the
year 1614, with Sir Thomas Erskine; which quarrel was made
up by the lords of the marshal’s court, Sir Richard being obliged
to put up with very foul words. MS. letter of Mr. Chamberlain
to Sir Dudley Carleton, January 12, 1614-5.

ENE te a oS eR att NT

PL Wane hare a ee 3

LEGAL PROCEEDINGS. 395

examination of Peacham*, taken the 10th of this
present; whereby your majesty may perceive, that

* Edmund Peacham, a minister in Somersetshire [MS. letter
of Mr.Chamberlain, dated January 5, 1614-5.] I find one of both
his names, who was instituted into the vicarage of Ridge, in
Hertfordshire, July 22, 1581, and resigned it in 1587, [New-
court, Repertor, Vol. I. p. 864.] Mr. Peacham was committed
to the Tower for inserting several treasonable passages in a
sermon never preached, nor, as Mr. Justice Croke remarks in his
Reports during the reign of king Charles I., p. 125, ever intended
to be preached. Mr. Chamberlain, in a letter of the 9th of Fe-
bruary, 1614-5, to Sir Dudley Carleton, mentions Mr. Peacham’s
having been “ stretched already, though he be an old man, and,
they say, much above threescore: but they could wring nothing
- out of him more than they had at first in his papers. Yet the
king is extremely incensed against him, and will have him pro-
secuted to the uttermost.” In another letter, dated February
23, we are informed, that the king, since his coming to London
on the 15th, had had “ the opinion of the judges severally in
Peacham’s case; and it is said, that most of them concur to
find it treason: yet my lord chief justice [Coke] is for the con-
trary; and if the lord Hobart, that rides the western circuit,
can be drawn to jump with his colleague, the chief baron
[Tanfield] it is thought he shall be sent down to be tried, and
trussed up in Somersetshire.” In a letter of the 2d of March,
1614-5, Mr. Chamberlain writes, ‘‘ Peacham’s trial at the western
assizes is put off, and his journey stayed, though Sir Randall
Crew, the king’s serjeant, and Sir Henry Yelverton, the solicitor,
were ready to go to horse to have waited on him there.”
“‘ Peacham, the minister, adds he in a letter of the 13th of July,
1615, that hath been this twelvemonth in the Tower, is sent down
to be tried for treason in Somersetshire before the lord chief
baron and Sir Henry Montagu the recorder. The lord Hobart
gave over that circuit the last assizes. Sir Randall Crew and
Sir Henry Yelverton, the king’s serjeant and solicitor, are sent
down to prosecute the trial.” The event of this trial, which was

396 LETTERS RELATING TO

this miscreant wretch goeth back from all, and de-
nieth his hand and all. No doubt, being fully of
belief, that he should go presently down to his trial,
he meant now to repeat his part, which he purposed
to play in the country, which was to deny all. But
your majesty in your wisdom perceiveth, that this
denial of his hand, being not possible to be counter-
feited, and to be sworn by Adams, and so oft by him-
self formerly confessed and admitted, could not mend
his case before any jury in the world, but rather
- aggmavateth it by his notorious impudency and false-
hood, and will make him more odious. He never
deceived me ; for when others had hopes of discovery,
and thought time well spent that way, I told your
majesty “ pereuntibus mille figure ;” and that he now
did but turn himself into divers shapes, to save or
delay his punishment. And therefore submitting
myself to your majesty’s high wisdom, I think myself
bound in conscience to put your majesty in remem-
brance, whether Sir John Sydenham* shall be de-

on the 7th of August, appears from Mr. Chamberlain’s letter of
the 14th of that month, wherein, it is said, that « seven knights
were taken from the bench, and appointed to be of the jury.
He defended himself very simply, but obstinately and doggedly
enough. But his offence was so foul and scandalous, that he
was condemned of high treason; yet not hitherto executed, nor
perhaps shall be, if he have the grace to submit himself, and shew
some remorse.” He died, as appears from another letter of the
27th of March, 1616, in the jail at Taunton, where he was said
to have “left behind a most wicked and desperate writing,
worse than that he was convicted for.”

* He had been confronted about the end of February, or be-

tis igs
Pipkin site

LEGAL PROCEEDINGS. 397

tained upon this man’s impeaching, in whom there is
no truth. Notwithstanding, that farther inquiry be
made of this other Peacham, and that information
and light be taken from Mr. Poulet* and his servants,
I hold it, as things are, necessary. God preserve
your majesty.
Your Majesty’s most humble
and devoted subject and servant,
Fr. Bacoy.
March 12, 1614.
Sd

SUPPLEMENT OF TWO PASSAGES OMITTED IN THE EDI-

TION OF SIR FRANCIS BACON’S SPEECH IN THE KING’S

BENCH, AGAINST OWEN }, AS PRINTED IN HIS WORKS.

AFTER THE WORDs [IT IS BOTTOMLESS ] IN THE PARA-

GRAPH BEGINNING [FOR THE TREASON ITSELF, WHICH

1S THE SECOND POINT, ETc. ] ADD

[I said in the beginning, that this treason in the

ginning of March, 1614-5, with Mr. Peacham, about certain
speeches, which had formerly passed between them. MS. letter
of Mr, Chamberlain to Sir Dudley Carleton, from London,
March 2, 1614-5.

* John Poulet, Esq.; knight of the shire for the county of
Somerset in the parliament, which met April 5, 1614. He was
created lord Poulet of Henton St. George, June 23, 1627,

+ He was of the family of that name at Godstow, in Oxford-
shire f. [Camdeni Annales Regis Jacobi I. p- 12.] He was a
young man, who had been in Spain; and was condemned at the
King’s Bench, on Wednesday, May 17, 1615, “ for divers most
vile and traiterous speeches confessed and subscribed with his

{ See ante Vol. VI. p. 174,

398 LETTERS RELATING TO

nature of it was old. It is not of the treasons,
whereof it may be said “ from the beginning it was
not so.” You are indicted, Owen, not upon any
statute made against the Pope’s supremacy, or other
matters, that have reference to religion; but merely
upon that law, which was born with the kingdom,
and was law even in superstitious times, when the
pope was received. The compassing and imagining
of the king’s death was treason. ‘The statute of the
25th of Edward III. which was but declaratory,
begwms with this article, as the capital of capitals in
treason, and of all others the most odious and the
most perilous.] And so the civil law, ete.

At the conclusion of his speech after the words
[‘‘ the duke of Anjou and the papists”] add

[As for subjects, I see not, or ever could discern,
but that by infallible consequence, it is the case of all
subjects and people, as well as of kings; for it is all
one reason, that a bishop, upon an excommunication
of a private man, may give his lands and goods in
spoil, or cause him to be slaughtered, as for the pope
to do it towards a king; and for a bishop to absolve
the son from duty to the father, as for the pope to
absolve the subject from his allegiance to his king.

own hand; as, among others, that it was as lawful for any man
to kill a king excommunicated, as for the hangman to execute a
condemned person. He could say little for himself, or in main~
tenance of his desperate positions, but only that he meant it not
by the king, and he holds him not excommunicate.” MS. letter
of Mr. Chamberlain to Sir Dudley Carleton from London, May
20, 1615.

LEGAL PROCEEDINGS. 399

And this is not my inference, but the very affirma-
tive of pope Urban the second, who in a brief to
Godfrey, bishop of Luca, hath these very words,
which cardinal Baronius reciteth in his Annals, ‘Tom.
XI. p. 802. “ Non illos homicidas arbitramur, qui
adversus excommunicatos zelo catholice matris ar-
dentes eorum quoslibet trucidare contigerit,” speak-
ing generally of all excommunications. |

TO THE KING*,

e

IT MAY PLEASE YOUR EXCELLENT MAJESTY,

I recrivep this very day, in the forenoon, your
majesty’s several directions touching your cause pro-
secuted by my lord Hunsdon+ as your farmer. Your
first direction was by Sir Christopher Parkins, that
the day appointed for the judicial sentence should
hold: and if my lord chief justice, upon my repair
to him, should let me know, that he could not be
present, then my lord chancellor should proceed,
calling to him my lord Hobart, except he should
be excepted to; and then some other judge by con-
sent. For the latter part of this your direction, I
suppose, there would have been no difficulty in ad-
mitting my lord Hobart; for after he had assisted
at so many hearings, it would have been too late to
except to him. But then your majesty’s second and

* Harl. MSS. Vol. 6986.
+ John Carey, Baron of Hunsdon. He died in April, 1617.

4.00 LETTERS RELATING TO

later direction, which was delivered unto me from
the earl of Arundel, as by word of mouth, but so as
he had set down a remembrance thereof in writing

freshly after the signification of his pleasure, was to -

this effect, that before any proceeding in the chan-
cery, there should be a conference had between my
lord chancellor, my lord chief justice, and myself,

how your majesty’s interest might be secured, This —

later direction I acquainted my lord chancellor with;
and finding an impossibility, that this conference

should be had before to-morrow, my lord thought »

good, that the day be put over, taking no occasion
thereof other than this, that in a cause of so great
weight it was fit for him to confer with his as-
sistants, before he gave any decree or final order.
After such a time as I have conferred with my lords,
according to your commandment, I will give your
majesty account with speed of the conclusion of that
conference.

Farther, I think fit to let your majesty know,
that in my opinion I hold it a fit time to proceed in
the business of the “ Rege inconsulto,” which is ap-
pointed for Monday. I did think these greater
causes would have come to period or pause sooner :
but now they are in the height, and to have so great
a matter as this of the “ Rege inconsulto” handled,
when men do “ aliud agere,” I think it no proper

time. Besides, your majesty in your great wisdom

knoweth, that this business of Mr. Murray’s is some-
what against the stream of the judges inclination:
and it is no part of a skilful mariner to sail on

Pe YE ple at Soe

SIR EDWARD COKE. 401

against a tide, when the tide is at strongest. If your
majesty be pleased to write to my lord Coke, that
you would have the business of the “ Rege incon-
sulto” receive a hearing, when he should be “ animo
sedato et libero,” and not in the midst of his assi-
duous and incessant cares and industries in other
practices, I think your majesty shall do your service
right. Howsoever, I will be provided against the day.
Thus praying God for your happy preservation,

whereof God giveth you so many great pledges,

I rest your Majesty’s most humble
and devoted subject and servant,

Fr. Bacon.
November 17, 1615.

Innovations introduced into the laws and govern-

ment*.
1. The ecclesiastical In this he prevailed, and
commission. the commission was pared, and

namely the point of alimony
left out, whereby wives are
left wholly to the tyranny of
their husbands. This point,
and some others, may require
a review, and is fit to be re-
stored to the commission.
2. Against the pro- In this he prevailed in such
vincial councils. sort, as the precedents are
continually suitors for the

“ This paper was evidently designed against the lord chief
justice Coke.

VOL. VII. DD

4.04 TRACTS RELATING TO

11. Against the writs
“Dom. Rege in-
consulto.”

12. Against contri-
bution, that it was
not law neither to
levy it, nor to
move for it.

13. Peacham’s case.

heard your attorney. And
had it prevailed, it had over-
thrown the parliament of Ire-
land, which would have been
imputed to a fear in this
state to have proceeded ; and
so his majesty’s authority and
reputation lost in that king-
dom.

This is yet “ sub judice :”
but if it should prevail, it
maketh the judges absolute
over the patents of the king,
be they of power and profit,
contrary to the ancient and
ever continued law of the
crown ; which doth call those
causes before the king him-
self, as he is represented in
chancery.

In this he prevailed, and
gave opinion, that the king
by his great seal could not so
much as move any his sub-
jects for benevolence. But
this he retracted after in the
star-chamber; but it marred
the benevolence in the mean

time.
In this, for as much as in

him was, and in the court of

SIR EDWARD COKE. 405

14. Owen’s case.

15. The value of
benefices not to be
according to the
tax in the king’s
book of taxes.

king’s bench, he prevailed,
though it was holpen by the
good service of others. But
the opinion, which he held,
amounted in effect to this,
that no word of scandal or
defamation, importing that
the king was utterly unable
or unworthy to govern, were
treason, except they disabled
his title, etc.

In this we prevailed with
him to give opinion it was
treason : but then it was upon
a conceit of his own, that was
no less dangerous, than if
he had given his opinion
against the king: for he pro-
claimed the king excommu-
nicate in respect of the anni-
versary bulls of “ Coena Do-
mini,” which was to expose
his person to the fury of any
jesuited conspirator.

By this the intent of the
statute of 21 Henry VIII. is
frustrated ; for there is no
benefice of so small an im-
proved value as 8/, by that
kind of rating. For this the
judges may be assembled in

406

16. Suits for lega-
cies ought to be in
their proper dio-
ceses, and not in
the _—_— prerogative
court; although
the will be proved
in the prerogative
court upon “ bona

LETTERS RELATING TO

the exchequer for a confe-
rence.

The practice hath gone
against this; and it is fit, the
suit be where the probate is.
And this served but to put a
pique between the archbi-
shops courts and the bishops
courts. This may be again
propounded upon a confe-
rence of the judges.

notabilia” in seve-

yal dioceses, com-
mendams, etc.

SIR FRANCIS BACON TO SIR GEORGE VILLIERS, TOUCH-
ING THE EXAMINATION OF SIR ROBERT COTTON UPON
SOME INFORMATION OF SIR JOHN DIGBY *.

I RECEIVED your letter yesterday towards the even-

* Secretary Winwood, in a private letter to Sir Thomas Ed-
mondes, printed in the Historical. View of the Negotiations be-
tween the Courts of England, France, and Brussels, p. 392, men-
tions, that there was great expectation, that Sir John Digby,
just then returned from Spain, where he had been ambassador,
could charge the earl of Somerset with some treasons and plots
with Spain. ‘* To the king,” adds Sir Ralph, “ as yet he hath
used no other language, but that, having served in a place of
honour, it would ill become him to be an accuser. Legally or
criminally he can say nothing: yet this he says and hath writ-
ten, that all his private dispatches, wherein he most discovered
the practices of Spain, and their intelligences, were presently

sent into Spain; which could not be but by the treachery of So-
merset.”

fn eg tient

LEGAL PROCEEDINGS. = 407

‘ing, being the 8th of this present, together with the
interrogatory included, which his majesty hath
framed, not only with a great deal of judgment what
to interrogate, but in a wise and apt order; for I
do find that the degrees of questions. are of great
efficacy in examination. I received also notice and
direction by your letter, that Sir Robert Cotton
was first thoroughly to be examined; which indeed
was a thing most necessary to begin with ; and that
for that purpose Sir John Digby was to inform my
lord chancellor of such points, as he conceived to be
material; and that I likewise should take a full
account for my lord chief justice of all Sir Robert
Cotton’s precedent examinations. It was my part
then to take care, that that, which his majesty had
so well directed and expressed, should be accord-
ingly performed without loss of time. For which
purpose, having soon after the receipt of your letter
received a letter from my lord chancellor, that he
appointed Sir John Digby to be with him at two of
the clock in the afternoon, as this day, and required
my presence, I spent the mean time, being this fore-
noon, in receiving the precedent examinations of
Sir Robert Cotton from my lord chief justice, and
perusing of them; and accordingly attended my
lord chancellor at the hour appointed, where I found
Sir John Digby.

At this meeting it was the endeavour of my lord
chancellor and myself to take such light from Sir
John Digby, as might evidence first the examination
of Sir Robert Cotton; and then to the many exa-

408 LETTERS RELATING TO

minations of Somerset ; wherein we found Sir John
Digby ready and willing to discover unto us what
he knew; and he had also, by the lord chancellor’s
direction, prepared some. heads of examination in
writing for Sir Robert Cotton; of all which use
shall be made for his majesty’s service, as is fit.
Howbeit, for so much as did concern the practice of
conveying the prince into Spain, or the Spanish
pensions, he was somewhat reserved upon this
ground, that they were things his majesty knew,
and things, which by some former commandment
from his majesty he was restrained to keep in
silence, and that he conceived they could be no ways
applied to Somerset. Wherefore it was not fit to
press him beyond that, which he conceived to be his
warrant, before we had known his majesty’s farther
pleasure; which I pray you return unto us with all
convenient speed. I for my part am in no appetite
for secrets; but nevertheless seeing his majesty’s
great trust towards me, wherein I shall never deceive
him; and that I find the chancellor of the same opi-
nion, I do think it were good my lord chancellor
chiefly and myself were made acquainted with the
persons and the particulars ; not only because it may
import his majesty’s service otherwise, but also be-
cause to my understanding, for therein I do not
much rely upon Sir John Digby's judgment, it may
have a great connection with the examination of
Somerset, considering his mercenary nature, his
great undertaking for Spain in the match, and _ his
favour with his majesty ; and therefore the circum-

LEGAL PROCEEDINGS. 409

stances of other pensions given cannot but tend to
discover whether he were pensioner or no.

But herein no time is lost ; for my lord chancel-
lor, who is willing, even beyond his strength, to lose
no moment for his majesty’s service, hath appointed
me to attend him Thursday morning for the exami-
nation of Sir Robert Cotton, leaving to-morrow for
council-business to my lord, and to me for consider-
ing of fit articles for Sir Robert Cotton.

10 April, 1616.

SIR FRANCIS BACON TO THE JUDGES.

MY LORD,
Ir is the king’s express pleasure, that because his
majesty’s time would not serve to have conference
with your lordship and his judges touching his
cause of commendams at his last being in town, in
regard of his majesty’s other most weighty occa-
sions ; and for that his majesty holdeth it necessary,
upon the report, which my lord of Winchester, who
was present at the last argument by his majesty’s
royal commandment, made to his majesty, that his
majesty be first consulted with, ere there be any
further proceeding by argument by any of the judges
or otherwise: Therefore, that the day appointed for
the farther proceeding by argument of the judges in
that case be put off till his majesty’s farther plea-
sure be known upon consulting him; and to that
end, that your lordship forthwith signify his com-

41O- LETTERS RELATING TO

mandment to the rest of the judges ; whereof your-
lordship may not fail. And so I leave your lord
ship to God’s goodness. |

Your loving friend to command,

Fr. Bacon.
This Thursday at afternoon,

the 25th of April, 1616.

QUESTIONS LHGAL FOR THE JUDGES [IN THE CASE OF
THE EARL AND COUNTESS OF SOMERSET. |

Wuetue_r the ax is to be carried before the prisoner,
being in the case of felony ?

Whether, if the lady make any digression to
clear his lordship, she is not by the lord Steward to
be interrupted and silenced ?

Whether, if my lord of Somerset should break
forth into any speech of taxing the king, he be not
presently by the lord Steward to be interrupted and
silenced; and, if he persist, he be not to be told,
that if he take that course, he is to be withdrawn,
and evidence to be given in his absence? And whe-
ther that may be; and what else to be done?

Whether if there should be twelve votes to con-
demn, and twelve or thirteen to acquit, it be not a
verdict for the king ?

* See Vol. VI, page 201.

a ae igh ar a ON Sapo Saree rs a

THE EARL OF SOMERSET. 411

QUESTIONS OF CONVENIENCE, WHEREUPON HIS MAJESTY
MAY CONFER WITH SOME OF HIS COUNCIL.

Wuetuer, if Somerset confess at any time before
his trial, his majesty shall stay trial in respect of far-
ther examination concerning practice of treason, as
the death of the late prince, the conveying into Spain
of the now prince, or the like; for till he confess the
less crime, there is [no] likelihood of confessing the
greater ?

Whether, if the trial upon that reason shall be
put off, it shall be discharged privately by dissolving
the commission, or discharging the summons? Or
whether it shall not be done in open court, the peers
being met, and the solemnity and celebrity pre-
served; and that with some declaration of the cause
of putting off the farther proceeding ?

Whether the days of her trial and his shall be
immediate, as it is now appointed ; or a day between,
to see, if, after condemnation, the lady will confess
of this lord; which done, there is no doubt but he
will confess of himself?

Whether his trial shall not be set first, and hers
after, because then any conceit, which may be wrought
by her clearing of him, may be prevented; and it
may be he will be in the better temper, hoping of
his own clearing, and of her respiting ?

What shall be the days ; for Thursday and Friday
can hardly hold in respect of the summons; and it

412 LETTERS RELATING TO

may be as well Friday and Saturday, or Monday and
Tuesday, as London makes it already ?

A PARTICULAR REMEMBRANCE FOR HIS MAJESTY.

Ir were good, that after he is come into the Hall,
so that he may perceive he must go to trial, and shall
be retired into the place appointed, till the court call
for him, then the lieutenant should tell him roundly,
that if in his speeches he shall tax the king*, that

“The king’s apprehension of being taxed by the earl of
Somerset on his trial, though for what is not known, accounts
in some measure for his majesty’s extreme uneasiness of mind
till that trial was over, and for the management used by Sir

Francis Bacon in particular, as appears from his letters, to pre- |

vail upon the earl to submit to be tried, and to keep him in
temper during his trial, lest he, as the king expressed it in an
apostile on Sir Francis’s letter of the 28th of April, 1616, upon
the one part commit unpardonable errors, and I on the other
seem to punish him in the spirit of revenge. See more on this
subject in Mr. Mallet’s Life of the lord chancellor Bacon,
who closes his remarks with a reference to a letter of Somerset
to the king, printed in the Cabala, and written in an high style
of expostulation, and shewing, through the affected obscurity of
some expressions, that there was an important secret in his
keeping, of which his majesty dreaded a discovery. » The earl
and his lady were released from their confinement in the Tower
in January, 1621-2, the latter dying August 23, 1632, leaving
one daughter Anne, then sixteen years of age, afterwards mar-
ried to William lord Russel, afterwards earl, and at last duke
of Bedford. The earl of Somerset survived his lady several
years, and died in July, 1645, being interred on the 17th of that
month in the church of St. Paul’s, Covent-Garden.

THE EARL OF SOMERSET. 413

the justice of England is, that he shall be taken away,
and the evidence shall go on without him; and then
all the people will cry “away with him ;” and then it
shall not be in the king’s will to save his life, the

people will be so set on fire.

Indorsed,

Memorial touching the course to be had in my lord of
Somerset's arraignment.

THE HEADS OF THE CHARGE AGAINST ROBERT EARL
OF SOMERSET.

Apostyle of the

king.

Ye will doe well to
remember lykewayes
in your preamble,
that insigne, that the
only zeal to justice
maketh me take this
course. I have com-
mandit you not to ex-
patiate, nor digresse
upon any — other
points, that maye not
serve clearlie for pro-
bation or inducement

of that point, quhair-
of he is accused.

First it is meant, that So-
merset shall not be charged
with any thing by way of
aggravation, otherwise than as
conduceth to the proof of the
impoisonment.

For the proofs themselves,
they are distributed into four :

The first to prove the ma-
lice, which Somerset bore to
Overbury, which was the mo-
tive and ground of the im-
poisonment.

The second is to prove the
preparations unto the im-
poisonment, by plotting his

imprisonment, placing _ his

414 LETTERS RELATING TO

keepers, stopping access of
friends, ete.

The third is the acts of the
impoisonments themselves...

And the fourth is acts sub-
sequent, which do _ vehe-
mently argue him to be guilty —
of the impoisonment.

For the first two heads, upon conference, where-
unto I called serjeant Montagu and serjeant Crew, I
have taken them two heads to myself; the third I
have allotted to serjeant Montagu; and the fourth
to serjeant Crew.

In the first of these, to my understanding, is the
only tenderness: for on the one side, it is most
necessary to lay a foundation, that the malice was a
deep malice, mixed with fear, and not only matter
of revenge upon his lordship’s quarrel: for “ peri-
’ and the malice must have
a proportion to the effect of it, which was the im-
poisonment : so that if this foundation be not laid,
all the evidence is weakened.

On the other side, if I charge him, or could charge
him, by way of aggravation, with matters tending to’
disloyalty or treason, then he is like to grow des- —
perate. ;

Therefore I shall now set down perspicuously
what course I mean to hold, that your majesty may
be pleased to direct and correct it, preserving the
strength of the evidence: and this I shall now do,
but shortly and without ornament.

culum periculo vincitur ;’

4

THE EARL OF SOMERSET. 415

First, I shall read some passages of Overbury’s
letters, namely these: “ Is this the fruit of nine
years love, common secrets, and common dangers ?”
In another letter: “ Do not drive me to extremity
to do that, which you and I shall be sorry for.” In
another letter: “Can you forget him, between
whom such secrets of all kinds have passed ?” ete.

Then will I produce Simcock, who deposeth from
Weston’s speech, that Somerset told Weston, that,
‘if ever Overbury came out of prison, one of them
must die for it.” —

Then I will say what these secrets were. I mean
not to enter into particulars, nor to charge him with
disloyalty, because he stands to be tried for his life
upon another crime. But yet by some taste, that I
shall give to the peers in general, they may conceive
of what nature those secrets may be. Wherein I
will take it for a thing notorious, that Overbury was
aman, that always carried himself insolently, both
towards the queen, and towards the late prince : that
he was a man, that carried Somerset on in courses
separate and opposite to the privy council: that he
was a man of nature fit to be an incendiary of a
state : full of bitterness and wildness of speech and
project: that he was thought also lately to govern
Somerset, insomuch that in his own letters he vaunt-
ed, “ that from him proceeded Somerset’s fortune,
eredit, and understanding.”

This course I mean to run in a kind of gene-
rality, putting the imputations rather upon Over-
bury than Somerset; and applying it, that such a

416 LETTERS RELATING TO

nature was like to hatch dangerous secrets and
practices. I mean to shew likewise what jargons
there were and cyphers between them, which are
great badges of secrets of estate, and used either by
princes and their ministers of state, or by such as
practise against princes. That your majesty was
called Julius in respect of your empire; the queen
Agrippina, though Somerset now saith it was Livia,
and that my lady of Suffolk was Agrippina; the
bishop of Canterbury Uncetius ; Northampton, Do-
minic ; Suffolk, first Lerma, after Wolsey; and
many others ; so as it appears they made a play both
of your court and kingdom; and that their imagi-
nations wrought upon the greatest men and matters.

Neither will I omit Somerset’s breach of trust to
your majesty, in trusting Overbury with all the dis-
patches, things, wherewith your council of estate
itself was not many times privy or acquainted : and
yet this man must be admitted to them, not curso-
rily, or by glimpses, but to have them by him, to
copy them, to register them, to table them, etc.

Apostyle of the

ay eee

This evidence can- I shall also give in evidence,
not be given in with-in this place, the slight account
out making me hisac- of that letter, which was —
cuser, and that upon brought to Somerset by Ash-
a very slight ground. ton, being found in the fields
As for all the subse- soon after the late prince’s
quent evidences, they death, and was directed to
are all so little evi- Antwerp, containing these

LEGAL SUBJECTS. A417

dent, as wna litura
may serve thaime all.

Nothing to Somer-
set, and declared by
franklin after con-
demnation.

Nothing to Somer-
set, and a loose con-
jecture.

No better than a
gazette, or passage of
Gallo Belgicus.

VOL. VII.

words, ‘ that the first branch
was cut from the tree, and
that he should, ere long,
send happier and joyfuller
news.”

Which is a matter I would
not use, but that my lord
Coke, who hath filled this part
with many frivolous things,
would think all lost, except
he hear somewhat of this kind.
But this it is to come to the
leavings of a business.

And for the rest of that
kind, as to speak of that par-

ticular, that Mrs. Turner did

at Whitehall shew to Franklin
the man, who, as she said,
poisoned the prince, which, he
says, was a physician with a
red beard.

That there was a little pic-
ture of a young man in white
wax, left by Mrs. Turner with
Forman the conjurer, which
my lord Coke doubted was
the prince.

That the viceroy of the
Indies at Goa reported to an
English factor, that prince

418 LETTERS RELATING TO

Henry came to an untimely
death by a mistress of his.
Nothing yet proved That Somerset, with others,

against Lowbell. would have preferred Low-
bell the apothecary to prince

Charles.
Nothing to Somer- That the countess laboured
set. Forman and Gresham, the

- conjurers, to inforce the queen
by witchcraft to favour the
countess.

Declared by Frank- That the countess told
lin after condemna- Franklin, that when the queen
tion. died, Somerset should have

Somerset-house.
Nothing to Somer- That Northampton | said,

set. the prince, if ever he came to
reign, would prove a tyrant.

Nothing to Somer- That Franklin was moved

set. by the countess to go to the

Palsgrave, and should be fur-
nished with money.

The particular reasons, why I omit them, I have
set in the margin ; but the general is partly to doa
kind of right to justice, and such a solemn trial, in
not giving that in evidence, which touches not the
delinquent, or is not of weight ; and partly to ob-
serve your majesty’s direction, to give Somerset no
just occasion of despair or flushes.

But I pray your majesty to pardon me, that I
have troubled your majesty with repeating them,

LEGAL SUBJECTS. 419

lest you should hear hereafter, that Mr. Attorney
hath omitted divers material parts of the evidence.
Indorsed,
Somerset’s business and charge, with his Majesty's
postiles.

TO SIR GEORGE VILLIERS.

SIR,
Your man made good haste; for he was with me
yesterday about ten of the clock in the forenoon.
Since I held him.

The reason, why I set so small a distance of time
between the use of the little charm, or, as his ma-
jesty better terms it, “ the evangile*,” and the day of
his trialf notwithstanding his majesty’s being so far
off, as advertisement of success and order thereupon
could not go and come between, was chiefly, for
that his majesty, from whom the overture of that
first moved, did write but a few hours, that this
should be done, which I turned into days. Secondly,
because the hope I had of effect by that mean, was
rather of attempting him at his arraingment, than
of confession before his arraignment. But I submit
it to his majesty’s better judgment.

The person, by your first description, which was
without name, I thought had been meant of Packer? :

* Cicero, Epist. ad Atticum, Lib. XIII. Ep. 40. uses this
word, evayyéaz ; which signifies both good news, and the re-
ward given to him who brings good news. See Lib. II. Epist. 3.

+ The earl of Somerset’s.

t John, of whom there are several letters in Winwood’s We-
morials, Vol. II.

A20 LETTERS RELATING TO

but now perceive it is another, to me unknown,
but, as it seemeth, very fit. I doubt not but he
came with sufficient warrant to Mr. Lieutenant to
have access. In this I have no more to do, but to
expect to hear from his majesty how this worketh.

The letter from his majesty to myself and the
serjeants I have received, such as I wished; and I
will speak with the commissioners, that he may, by
the lieutenant, understand his majesty’s care of him,
and the tokens herein of his majesty’s compassion
towards him.

I ever had a purpose to make use of that circum-
stance, that Overbury, the person murdered, was his
majesty’s prisoner in the Tower; which indeed is a
strong pressure of his majesty’s justice. For Over-
bury is the first prisoner murdered in the Tower,
since the murder of the young princes by Richard
the third, the tyrant.

I would not trouble his majesty with any points
of preamble, nor of the evidence itself, more than
that part nakedly, wherein was the tenderness, in
which I am glad his majesty, by his postils, which he
returned to me, approveth my judgment.

Now I am warranted, I will not stick to say
openly, Iam commanded, not to exasperate, nor to
aggravate the matter in question of the impoison-
ment with any other collateral charge of disloyalty,
or otherwise; wherein, besides his majesty’s principal
intention, there will be some use to save the former
bruits of Spanish matters.

‘There is a direction given to Mr. Lieutenant by

1

LEGAL SUBJECTS. 42}

my lord Chancellor and myself, that as yesterday Mr.
Whiting* the preacher, a discreet man, and one that
was used to Helwisse, should preach before the ladyf,
and teach her, and move her generally to a clear
confession. That after the same preacher should
speak as much to him at his going away in private:
and so proof to be made, whether this good mean,
and the last night’s thoughts, will produce any thing.
And that this day the lieutenant should declare to
her the time of her trial, and likewise of his trial,
and persuade her, not only upon Christian duty, but
as good for them both, that she deal clearly touching
him, whereof no use can be made, nor need to be
made, for evidence, but much use may be made for
their comfort.

It is thought, at the day of her trial the lady will
confess the indictment; which if she do, no evidence
ought to be given. But because it shall not be a
dumb show, and for his majesty’s honour in so solemn
an assembly, I purpose to make a declaration of the
proceedings of this great work of justice, from the
beginning to the end, wherein, nevertheless, I will
be careful no ways to prevent or discover the evi-
dence of the next day.

* John Whiting, D.D. rector of St. Martin Vintry, in London.
and Vicar of East-Ham in Essex, prebendary of Ealdstreet in
the church of St. Paul’s, and chaplain toking James I. He
attended Sir Gervase Helwisse, who had been lieutenant of the
Tower, at his execution upon Tower-Hill, on Monday the 20th
of November, 1615, for the murder of Sir Thomas Overbury.

+ Frances, countess of Somerset.

4.22 LETTERS RELATING TO

In this my lord chancellor and I have likewise
used a point of providence : for I did forecast, that
ifin that narrative, by the connection of things, any
thing should be spoken, that should shew him guilty,
she might break forth into passionate protestations
for his clearing; which, though it may be justly
made light of, yet it is better avoided. ‘Therefore
my lord Chancellor and I have devised, that upon
the entrance into that declaration she shall, in re-
spect of her weakness, and not to add farther afflic-
tion, be withdrawn.

It is impossible, neither is it needful, for me, to
express all the particulars of my care in this business.
But I divide myself into all cogitations as far as I
can foresee ; being very glad to find, that his majesty
doth not only accept well of my care and advices,
but that he applieth his directions so fitly, as guideth
me from time to time.

I have received the commissions signed.

I am not forgetful of the goods and estate of
Somerset, as far as is seasonable to inquire at this
time. My lord Coke taketh upon him to answer for
the jewels, being the chief part of his moveable
value: and this, I think, is done with his majesty’s
privity. But my lord Coke is a good man to answer
for it.

God ever preserve and prosper you. I rest

Your true and devoted servant,

Fr. Bscon.
May 10, Friday at 7 of the clock
in the morning [1616.]

LEGAL SUBJECTS. 4.23

TO THE KING*.

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,

I po very much thank your majesty for your letter,
and think myself much honoured by it. For though
it contain some matter of dislike, in which respect it
hath grieved me more than any event, which hath
fallen out in my life; yet because I know reprehen-
sions from the best masters to the best servants are
necessary; and that no chastisement is pleasant for
the time, but yet worketh good effects; and for that
I find intermixed some passages of trust and grace ;
and find also in myself inwardly sincerity of intention,
and conformity of will, howsoever I may have erred ;
I do not a little comfort myself, resting upon your
majesty’s accustomed favour; and most humbly
desiring, that any one of my particular notions may
be expounded by the constant and direct course,
which, your majesty knoweth, Ihave ever held in
your service.

And because it hath pleased your majesty, of
your singular grace and favour, to write fully and
freely unto me; it is duty and decorum in me not
to write shortly to your majesty again, but with
some length; not so much by way of defence or

* This letter appears, from the indorsement of the king’s
answer to it, to have been written at Gorhambury, July 25, 1617.
That printed with this date in his Works, should be August 2,
1617, as I find by the original draught of it.

424 LETTERS RELATING TO

answer, which yet, | know, your majesty would
always graciously adit; as to shew, that I have,
as I ought, weighed every word of your majesty’s
letter.

First, | do acknowledge, that this match of Sir
John Villiers is “ magnum in parvo” in both senses,
that your majesty speaketh. But your majesty per-
ceiveth well, that I took it to be in a farther degree,
“‘ majus In parvo,” in respect of your service. But
since your majesty biddeth me to confide upon your
act of empire, I have done. For, as the Scripture
saith, “ to God all things are possible ;” so certainly
to wise kings much is possible. But for that second
sense, that your majesty speaketh of, “ magnum in
parvo,” in respect of the stir; albeit it being but a
most lawful and ordinary thing, I most humbly pray
your majesty to pardon me, if I signify to you, that
we here take the loud and vocal, and as I may call
it, streperous carriage to have been far more on the
other side, which indeed is inconvenient, rather than
the thing itself.

Now for the manner of my affection to my lord
of Buckingham, for whom I would spend my life,
and that which is to me more, the cares of my life ;
I must humbly confess, that it was in this a little
_parent-like, this being no other term, than his lord-
ship hath heretofore vouchsafed to my counsels; but
in truth, and it please your majesty, without any
grain of disesteem for his lordship’s discretion. For
I know him to be naturally a wise man, of a sound
and staid wit, as I ever said unto your majesty. And

LEGAL SUBJECTS. 425

again, I know he hath the best tutor in Europe. But
yet I was afraid, that the height of his fortune might
make him too secure; and as the proverb is, a
looker-on sometimes seeth more than a gamester.

For the particular part of a true friend, which
your majesty witnesseth, that the earl hath lately
performed towards me, in palliating some errors of
mine; it is no new thing with me to be more and
more bound to his lordship; and I am most humbly
to thank, whatsoever it was, both your majesty and
him; knowing well, that I may, and do commit
many errors, and must depend upon your majesty’s
gracious countenance and favour for them, and shall
have need of such a friend near your majesty. For I
am not so ignorant of mine own case, but that I
know I am come in with as strong an envy of some
particulars, as with the love of the general.

For my opposition to this business, which, it
seemeth, hath been informed your majesty, I think
it was meant, if it be not a thing merely feigned, and
without truth or ground, of one of these two things ;
for I will dissemble nothing with your majesty. It is
true, that in those matters, which, by your majesty’s
commandment and reference, came before the table
concerning Sir Edward Coke, I was sometimes sharp,
it may be too much; but it was with end to have
your majesty’s will performed; or else, when me-
thought he was more peremptory than became him,
in respect of the honour of the table. It is true also,
that I disliked the riot or violence, whereof we of
your council gave your majesty advertisement by our

426 LETTERS RELATING TO

joint letter: and I disliked it the more, because he
justified it to be law ; which was his old song. But
in that act of council, which was made thereupon, I
did not see but all my lords were as forward as
myself, as a thing most necessary for preservation of
your peace, which had been so carefully and firmly
kept in your absence. And all this had a fair end,
in a reconcilement made by Mr. Attorney*, whereby
both husband and wife and child should have kept
together. Which, if it had continued, I am per-
suaded the match had been in better and fairer for-
wardness, than now it is.

Now for the times of things, I beseech your ma-
jesty to understand that which my lord of Bucking-
ham will witness with me, that I never had any word
of letter from his lordship of the business, till I wrote
my letter of advice ; nor again, after my letter of
advice, till five weeks after, which was now within
this sennight. So that although I did in truth pre-
sume, that the earl would do nothing without your
majesty’s privity; yet I was in some doubt, by this
his silence of his own mind, that he was not earnest
in it, but only was content to embrace the officious
offers and endeavours of others.

But, to conclude this point, after I had received,
by a former letter of his lordship, knowledge of his
mind, I think Sir Edward Coke himself, the last
time he was before the lords, might particularly
perceive an alteration in my carriage. And now that
your majesty hath been pleased to open yourself

* Sir Henry Yelverton.

LEGAL SUBJECTS. 427

to me, I shall be willing to further the match by
any thing, that shall be desired of me, or that is in
my power.

And whereas your majesty conceiveth some
dregs of spleen in me by the word “ Mr. Bacon ;”
truly it was but to express in thankfulness the com-
parative of my fortune unto your majesty, the author
of the latter, to shew how little I needed to fear,
while I had your favour. For, I thank God, I was
never vindicative nor implacable.

As for my opinion of prejudice to your majesty’s
service, as I touched it before, I have done; I do
humbly acquiesce in your majesty’s satisfaction, and
rely upon your majesty’s judgment, who unto judg-
ment have also power, so to mingle the elements, as
may conserve the fabric.

For the interest, which I have in the mother, I
do not doubt but it was increased by this, that I in
judgment, as I then stood, affected that which she
did in passion. But I think the chief obligation was,
that I stood so firmly to her in the matter of her
assurance, wherein I supposed I did your majesty
service, and mentioned it in a memorial of council-
business, as half craving thanks for it. And sure I
am now, that, and the like, hath made Sir Edward
Coke a convert, as I did write to your majesty in
my last.

For the collation of the two spirits, I shall easily
subscribe to your majesty’s answer; for Solomon
were no true man, if in matter of malice the woman
should not be the superior.

428 LETTERS RELATING TO

To conclude, I have gone through, with the
plainness of truth, the parts of your majesty’s letter :
very humbly craving pardon for troubling your ma-
jesty so long; and most humbly praying your ma-
jesty to continue me in your grace and favour, which
is the fruit of my life upon the root of a good con-
science. And although time in this business have
cast me upon a particular, which, I confess, may
have probable shew of passion or interest; yet God
is my witness, that the thing, that most moved me,
was an anxious and solicitous care of your majesty’s
state and service, out of consideration of the time
past and present.

God ever preserve and bless your majesty, and
send you a joyful return after your prosperous
journey.

ADVICE TO THE KING, FOR REVIVING THE COMMISSION
OF SUITS.

Tat, which for the present I would have spoken
with his majesty about, as a matter wherein time
may be precious, being upon the tenderest point of
all others. For though the particular occasion may
be despised, and yet nothing ought to be despised
in this kind, yet the counsel thereupon I conceive
to be most sound and necessary, to avoid future
perils.

There is an examination taken within these few
days, by Mr. Attorney, concerning one Baynton, or

LEGAL SUBJECTS. 429

Baynham, for his name is not yet certain, attested
by two witnesses, that the said Baynton, without
any apparent shew of being overcome with drink,
otherwise than so as might make him less wary to
keep secrets, said, that he had been lately with the
king, to petition him for reward of service; which
was denied him. Whereupon it was twice in his
mind to have killed his majesty. The man is not
yet apprehended, and said by some to be mad, or
half mad; which, in my opinion, is not less danger-
ous; for such men commonly do most mischief;
and the manner of his speaking imported no distrac-
tion. But the counsel I would out of my care
ground hereupon, is, that his majesty would revive
the commission for suits, which hath been now for
these three years, or more, laid down. For it may
prevent any the like wicked cogitations, which the
devil may put into the mind of a roarer or swag-
gerer, upon a denial: and besides, it will free his
majesty from much importunity, and save his coffers
also. For I am sure when I was a commissioner, in
three whole years space there passed scarce ten suits
that were allowed. And I doubt now, upon his
majesty’s coming home from this journey, he will be
much troubled with petitions and suits; which
maketh me think this remedy more seasonable. It
is not meant, that suits generally should pass that
way, but only such suits as his majesty would be
rid on.

7 Indorsed,

September 21, 1617.
To revive the commission of suits. For the King.

430 LETTERS RELATING TO

TO THE EARL OF BUCKINGHAM.

MY VERY GOOD LORD,

Ir may please your lordship to let his majesty
understand, that I have spoken with all the judges,
signifying to them his majesty’s pleasure touching
the commendams. They all “ una voce” did re-
affirm, that his majesty’s powers, neither the power
of the crown, nor the practised power by the arch-
bishop, as well in the commendam “ ad recipiendum,”
as the commendam “ ad retinendum,” are intended
to be touched ; but that the judgment is built upon
the particular defects and informalities of this com-
mencam now before them. They received with
much comfort, that his majesty took so well at their
hands the former stay, and were very well content
and desirous, that when judgment is given, there be
a faithful report made of the reason thereof.

The accounts of the summer-circuits, as well as
that of the lent-circuit, shall be ready against his
majesty’s coming. They will also be ready with
some account of their labours concerning Sir Ed-
ward Coke’s Reports: wherein I told them his ma-
jesty’s meaning was, not to disgrace the person, but
to rectify the work, having in his royal contempla-
tion rather posterity than the present.

The two points touching the peace of the middle
shires, I have put to a consult with some selected
judges.

The cause of the Egertons I have put off, and

eer

LEGAL SUBJECTS. 431

shall presently enter into the treaty of accord, ac-
cording to his majesty’s commandment, which is well
tasted abroad in respect of his compassion towards
those ancient families.

God ever preserve and prosper your lordship, ac-
cording to the faithful and fervent wishes of

Your Lordship’s true friend and devoted servant,

York-house, October 11, 1617. Fr. Bacon.

TO THE LORD KEEPER*.

MY HONOURABLE LORD,
I wAVE delivered the judges advice, touching the
middle shires, unto his majesty, who liketh it very
well. As for the point of law, his majesty will con-
sider of it at more leisure, and then send you his
opinion thereof. And so I rest
Your Lordship’s faithful friend and servant,

G. BuckINGHAM.
Hinchinbroke, the 22d of Oct. 1617.

TO THE LORD KEEPER}.

MY HONOURABLE LORD,
UNDERSTANDING, that Thomas Hukeley, a merchant
of London, of whom I have heard a good report,
intendeth to bring before your lordship in chancery
a cause depending between him, in right of his wife,
daughter of William Austen, and one John Hor-
smendon, who married another daughter of the said

* Harl. MSS. Vol. 7006. + Ibid.

432 LETTERS RELATING TO

Austen; I have thought fit to desire your lordship
to give the said Thomas Hukeley a favourable hear-
ing when his cause shall come before you; and so
far to respect him for my sake, as your lordship shall
see him grounded upon equity and reason; which
is no more than, I assure myself, your lordship will
grant readily, as it is desired by
Your Lordship’s faithful friend and servant,

G. BuckINGHAM.
Indorsed, November 17, 1617.

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,
I nave heretofore recommended unto your Terdehip
the determination of the cause between Sir Row-
land Egerton and Edward Egerton}, who, I under-
stand, did both agree, being before your lordship,
upon the values of the whole lands. And as your
lordship hath already made so good an entrance into
the business, I doubt not but you will be as noble in
furthering the full agreement between the parties :
whereunto, I am informed, Sir Rowland Egerton is

* Sir Francis Bacon had that title given him January 4.

+ This was one of the causes mentioned in the charge of the
House of Commons against the lord Bacon; in his answer to
which, he acknowledged, that some days after perfecting his
award, which was done with the advice and consent of the lord
chief justice Hobart, and publishing it to the parties, he received
3001. of Mr. Edward Egerton, by whom, soon after his coming
to the seal, he had likewise been presented with 400/. in a
purse.

pie tt, hee

LEGAL SUBJECTS. 433

very forward, offering on his part that, which to me
seemeth very reasonable, either to divide the lands,
and his adverse party to choose ; or the other to di-
vide, and he to choose. Whereupon my desire to
your lordship is, that you would accordingly make a
final end between them, in making a division, and
setting forth the lands, according to the values
agreed upon by the parties themselves. Wherein,
besides the charitable work your lordship shall do in
making an end of a controversy between those, whom
name and blood should tie together, and keep in
unity, I will acknowledge your favour as unto myself,
and will ever rest
Your Lordship’s faithful servant,

Theobald’s, ” G. BuckINcHAM.

January 9, 1617.

TO SIR HENRY YELVERTON, ATTORNEY-GENERAL.

MR. ATTORNEY,
WuerEas there dependeth before me in chancery a
great cause of tithes concerning the benefices of
London, though in a particular, yet, by consequence
leading to a general; his majesty, out of a great re-
ligious care of the state, both of Church and city, is
graciously pleased, that before any judicial sentence
be pronounced in chancery, there be a commission
directed unto me, the lord chancellor, lord treasurer,
the lord privy-seal, and the lord chamberlain ; and
likewise to the lord archbishop, the lord bishop of

VOL. VII. FF

434 LETTERS RELATING TO

Winchester* and the bishop of Ely +, and also to the
master of the rolls +, the two lord chief justices §,
justice Dodderidge, and justice Hutton, who for-
merly assisted me in the cause, to treat of some
concord in a reasonable moderation between the
ministers and the mayor and the commonalty of
London in behalf of the citizens; and to make some
pact and transaction between them by consent, if it
may be; or otherwise to hear and certify their opi-
nions touching the cause, that thereupon his majesty
may take such farther order, by directing of a pro-
ceeding in chancery, or by some other course, as to
his wisdom shall seem fit.

You will have care to draw the commission with
some preface of honour to his majesty, and likewise
to insert in the beginning of the commission, that it
was “ de advisamento cancellarii” (as it was indeed)
lest it should seem to be taken from the court. So
I commit you to God’s etc. 7

Jan. 19, 1617. Fr. Bacon, Canc.

TO THE LORD CHANCELLOR ||.

MY HONOURABLE LORD,
I ruank your lordship for your favour to Sir George

* Dr. James Montagu.

+ Dr. Lancelot Andrews.

t Sir Julius Cesar.

§ Sir Henry Montagu of the King’s Bench, and Sir Henry
Hobart of the Common Pleas.

\| Harl, MSS. Vol. 7006.

LEGAL SUBJECTS. 435

Tipping, in giving liberty unto him to make his ap-
pearance before you after the holy-days, at my re-
quest ; who, as I understand by some friends of mine,
who moved me to recommend him to your lordship’s
favour, is willing to conform himself in performance
of the decree made in the chancery by your lordship’s
predecessor, but that he is persuaded, that pre-
sently, upon the performance thereof, his son will
make away the land that shall be conveyed unto
him: which being come to Sir George from his
ancestors, he desireth to preserve to his posterity.
I desire your lordship’s farther favour therefore unto
him, that you will find out some course, how he may
be exempted from that fear of the sale of his lands,
whereof he is ready to acknowledge a fine to his
son, and to his heirs by Anne Pigot; and, they fail-
ing, to his son’s heirs males, and, for want thereof,
to any of his son’s or brethren’s heirs males, and so
to the heirs general of his father and himself, by
lineal descent, and the remainder to the crown.
This offer, which seemeth very reasonable, and for
his majesty’s advantage, I desire your lordship to
take into your consideration, and to shew him what
favour you may for my sake; which I will readily
acknowledge, and ever rest
Your Lordship’s faithful servant,

G. BUCKINGHAM.
Newmarket, Jan. 23, 1617.

436 LETTERS RELATING TO

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,

UnpDERSTANDING, that there is a suit depending be-
fore your lordship, between Sir Rowland Cotton +,
plaintiff, and Sir John Gawen, defendant, which is
shortly to come to a hearing; and having been like-
wise informed, that Sir Rowland Cotton hath under-
taken it in the behalf of certain poor people; which
charitable endeavour of his, I assure myself, will find
so good acceptation with your lordship, that there
shall be no other use of recommendation: yet, at
the earnest request of some friends of mine, I have
thought fit to write to your lordship in his behalf,
desiring you to shew him what favour you lawfully
may, and the cause may bear, in the speedy dispatch
of his business; which I shall be ever ready to ac-
knowledge, and rest
Your Lordship’s most devoted to serve you,
Whitehall, April 20, 1618. G. BuckincHam.

* Harl. MSS. Vol. 7006.

+ A gentleman eminent for his learning, especially in the
Hebrew language, in which he had been instructed by the famous
Hugh Broughton, who died in 1612. He was son of Mr. Wil-
liam Cotton, citizen and draper of London, and had an estate
at Bellaport in Shropshire, where he resided, till he came to live
at London at the request of Sir Allen Cotton, his father’s younger
brother, who was Lord Mayor of that city in 1625. Sir Rowland
was the first patron of the learned Dr. Lightfoot, and encouraged

him in the prosecution of his studies of the Hebrew language and
antiquities.

LEGAL SUBJECTS. 437

TO THE LORD CHANCELLOR *.

MY HONOURABLE GOOD LORD,

Wuereas in Mr. Hansbye’s cause +, which formerly,
by my means, both his majesty and myself recom-
mended to your lordship’s favour, your lordship
thought good, upon a hearing thereof, to decree some
part for the young gentleman, and to refer to some
masters of the chancery, for your farther satisfaction,
the examination of witnesses to this point; which
seemed to your lordship to be the main thing your
lordship doubted of, whether or no the leases, con-
veyed by old Hansbye to young Hansbye by deed,
were to be liable to the legacies, which he gave by
will; and that now I am credibly informed, that it
will appear upon their report, and by the depositions
of witnesses, without all exception, that the said
leases are no way liable to those legacies; these
shall be earnestly to intreat your lordship, that upon
consideration of the report of the masters, and depo-
sitions of the witnesses, you will, for my sake, shew

* Harl. MSS. Vol. 7006.

+ This seems to be one of the causes, on account of which
lord Bacon was afterwards accused by the House of Commons;
in answer to whose charge he admits, that in the cause of Sir
Ralph Hansbye there being two decrees, one for the inheritance,
and the other for goods and chattels; some time after the first
decree, and before the second, there was 5001. delivered to him
by Mr. Tobie Matthew; nor could his lordship deny, that this
was upon the matter “ pendente lite.”

436 LETTERS RELATING TO

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,
UnpersTanpINnG, that there is a suit depending be-
fore your lordship, between Sir Rowland Cotton +,
plaintiff, and Sir John Gawen, defendant, which is
shortly to come to a hearing; and having been like-
wise informed, that Sir Rowland Cotton hath under-
taken it in the behalf of certain poor people; which
charitable endeavour of his, I assure myself, will find
so good acceptation with your lordship, that there
shall be no other use of recommendation: yet, at
the earnest request of some friends of mine, I have
thought fit to write to your lordship in his behalf,
desiring you to shew him what favour you lawfully
may, and the cause may bear, in the speedy dispatch
of his business; which I shall be ever ready to ac-
knowledge, and rest

Your Lordship’s most devoted to serve you,

Whitehall, April 20, 1618. G. BuckincHam.

* Harl. MSS. Vol. 7006.

+ A gentleman eminent for his learning, especially in the
Hebrew language, in which he had been instructed by the famous
Hugh Broughton, who died in 1612. He was son of Mr. Wil-
liam Cotton, citizen and draper of London, and had an estate
at Bellaport in Shropshire, where he resided, till he came to live
at London at the request of Sir Allen Cotton, his father’s younger
brother, who was Lord Mayor of that city in 1625. Sir Rowland
was the first patron of the learned Dr. Lightfoot, and encouraged

him in the prosecution of his studies of the Hebrew language and
antiquities.

LEGAL SUBJECTS. 437

TO THE LORD CHANCELLOR *.

MY HONOURABLE GOOD LORD,

Wuereas in Mr. Hansbye’s cause }, which formerly,
by my means, both his majesty and myself recom-
mended to your lordship’s favour, your lordship
thought good, upon a hearing thereof, to decree some
part for the young gentleman, and to refer to some
masters of the chancery, for your farther satisfaction,
the examination of witnesses to this point; which
seemed to your lordship to be the main thing your
lordship doubted of, whether or no the leases, con-
veyed by old Hansbye to young Hansbye by deed,
were to be liable to the legacies, which he gave by
will; and that now I am credibly informed, that it
will appear upon their report, and by the depositions
of witnesses, without all exception, that the said
leases are no way liable to those legacies; these
shall be earnestly to intreat your lordship, that upon
consideration of the report of the masters, and depo-
sitions of the witnesses, you will, for my sake, shew

* Harl. MSS. Vol. 7006.

+ This seems to be one of the causes, on account of which
lord Bacon was afterwards accused by the House of Commons;
in answer to whose charge he admits, that in the cause of Sir
Ralph Hansbye there being two decrees, one for the inheritance,
and the other for goods and chattels; some time after the first
decree, and before the second, there was 5001. delivered to him
by Mr. Tobie Matthew; nor could his lordship deny, that this
was upon the matter “‘ pendente lite.”

438 LETTERS RELATING TO

as much favour and expedition to young Mr. Hansbye
in this cause, as the justness thereof will permit.
And I shall receive it at your lordship’s hands as a
particular favour.
So I take my leave of your lordship, and rest
Your Lordship’s faithful friend and servant,
G. BuckincHamM.
Greenwich, June 12, 1618.

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,

UNvERSTANDING, that the cause depending in the
chancery between the lady Vernon and the officers
of his majesty’s household is now ready for a decree ;
though I doubt not, but, as his majesty hath been
satisfied of the equity of the cause on his officers
behalf, who have undergone the business, by his
majesty’s command, your lordship will also find their
cause worthy of your favour: yet I have thought fit
once again to recommend it to your lordship, desiring
you to give them a speedy end of it, that both his
majesty may be freed from farther importunity, and
they from the charge and trouble of following it:
which I will be ever ready to acknowledge as a
favour done unto myself, and always rest
Your Lordship’s faithful friend and servant,

G. BuckiNGHAM.
Greenwich, June 15, 1618.

* Harl. MSS. Vol. 7006.

Ac apelits lealeauall

LEGAL SUBJECTS. 439

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,

I wrore unto your lordship lately in the behalf of
Sir Rowland Cotton, that then had a suit in de-
pendence before your lordship and the rest of my
lords in the Star-Chamber. The cause, I under-
stand, hath gone contrary to his expectation ; yet he
acknowledges himself much bound to your lordship
for the noble and patient hearing he did then re-
ceive; and he rests satisfied, and I much beholden
to your lordship, for any favour it pleased your
lordship to afford him for my cause. It now rests
only in your lordship’s power for the assessing of
costs; which, because, I am certainly informed, Sir
Rowland Cotton had just cause of complaint, I hope
your lordship will not give any against him. And
I do the rather move your lordship to respect him in
it, because it concerns him in his reputation, which
I know he tenders, and not the money which might
be imposed upon him; which can be but a trifle.
Thus presuming of your lordship’s favour herein,
which I shall be ready ever to account to your lord-
ship for, I rest
Your Lordship’s most devoted to serve you,
G. BuckINcHAM.
June 19, 1618.
* Harl. MSS. Vol. 7006.

440 LETTERS RELATING TO

TO THE LORD CHANCELLOR.*

MY HONOURABLE LORD,

I HAvE been desired by some friends of mine, in the
behalf of Sir Francis Englefyld, to recommend his
cause so far unto your lordship, that a peremptory
day being given by your lordship’s order for the
perfecting of his account, and for the assignment of
the trust, your lordship would take such course
therein, that the gentleman’s estate may be redeemed
from farther trouble, and secured from all danger,
by engaging those, to whom the trust is now trans-
ferred by your lordship’s order, to the performance
of that, whereunto he was tied. And so not doubt-
ing but your lordship will do him what lawful favour
you may herein, I rest
Your Lordship’s faithful friend and servant,
| G. BuckInGHaM.

Indorsed,

Received October 14, 1618.

TO THE KING, CONCERNING THE FORM AND MANNER OF
PROCEEDING AGAINST SIR WALTER RALEGH},

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,
ACCORDING to your commandment given unto us, we
* Harl. MSS. Vol. 7006,

+ He was beheaded October 29, 1618, the day of the inau-
guration of the lord mayor of London.

LEGAL SUBJECTS. 44 f

have, upon divers meetings and conferences, consi-
dered what form and manner of proceeding against
Sir Walter Ralegh might best stand with your
majesty’s justice and honour, if you shall be pleased,
that the law shall pass upon him.

And, first, we are of opinion, that Sir Walter
Ralegh being attainted of high-treason, which is the
highest and last work of law, he cannot be drawn
in question judicially for any crime or offence since
committed. And therefore we humbly present two
forms of proceeding to your majesty : the one, that
together with the warrant to the lieutenant of the
Tower, if your majesty shall so please, for his execu-
tion, to publish a narrative in print of his late crimes
and offences: which, albeit your majesty is not
bound to give an account of your actions in these
cases to any but only to God alone, we humbly
offer to your majesty’s consideration, as well in res-
pect of the great effluxion of time since his attainder,
and of his employment by your majesty’s commis-
sion, as for that his late crimes and offences are not
yet publickly known. ‘The other form, whereunto,
if your majesty so please, we rather incline, is, that
where your majesty is so renowned for your justice,
it may have such a proceeding, as is nearest to legal
proceeding ; which is, that he be called before the
whole body of your council of state, and your prin-
cipal judges, in your council-chamber ; and that
some of the nobility and gentlemen of quality be
admitted to be present to hear the whole proceed-
ing, as in like cases hath been used. And after the

442 LETTERS RELATING TO

assembly of all these, that some of your majesty’s
counsellors of state, that are best acquainted with
the case, should openly declare, that this form of
proceeding against Sir Walter is holden, for that he
is civilly dead. After this your majesty’s council
learned to charge his acts of hostility, depredation,
abuse as well of your majesty’s commission, as of
your subjects under his charge, impostures, attempt
of escape, and other his misdemeanors. But for that,
which concerns the French, wherein he was rather
passive than active, and without which the charge
is complete, we humbly refer to your majesty’s con-
sideration, how far that shall be touched. After
which charge so given, the examinations read, and
Sir Walter heard, and some to be confronted against
him, if need be, then he is to be withdrawn and sent
back; for that no sentence is, or can be, given
against him. And after he is gone, then the lords
of the council and judges to give their advice to your
majesty, whether in respect of these subsequent
offences upon the whole matter, your majesty, if you
so please, may not with justice and honour give war-
rant for his execution upon his attainder. And of
this whole proceeding we are of opinion, that a so-
lemn act of council should be made, with a memo-
rial of the whole presence. But before this be
done, that your majesty may be pleased to signify
your gracious direction herein to your council of
state; and that your council learned, before the
calling of Sir Walter, should deliver the heads of
the matter, together with the principal examinations

LEGAL SUBJECTS. 443

touching the same, wherewith Sir Walter is to be
charged, unto them, that they may be perfectly in-
formed of the true state of the case, and give their
advice accordingly. All which nevertheless we, in
all humbleness, present and submit to your princely
wisdom and judgment, and shall follow whatsoever
it shall please your majesty to direct us herein, with
all dutiful readiness.
Your Majesty’s most humble

and faithful servants, etc.
York-house, this 18th of October, 1618.

TO THE LORD CHANCELLOR*.

MY HONOURABLE LORD,

Wuereas there is a cause depending inthe court
of chancery between one Mr. Francis Foliambe and
Francis Hornsby, the which already hath received a
decree, and is now to have another hearing before
yourself; I have thought fit to desire you to shew so
much favour therein, seeing it concerns the gentle-
man’s whole estate, as to make a full arbitration
and final end, either by taking the pains in ending
it yourself, or preferring it to some other, whom
your lordship shall think fit: which f shall acknow-

* Harl. MSS. Vol. 7006.

444 LETTERS RELATING TO

ledge as a courtesy from your lordship; and ever
rest
Your lordship’s faithful friend and servant,

G. BuckInGHAM.
Hinchinbroke, the 22d of October, 1618.

TO THE MARQUIS OF BUCKINGHAM.

MY VERY GOOD LORD,
WE have put the Declaration * touching Ralegh to
the press with his majesty’s additions, which were
very material, and fit to proceed from his majesty.

For the prisoners, we have taken an account,
given a charge, and put some particulars in exami-
nation for punishment and example.

For the pursuivants, we staid a good while for
Sir Edward Coke’s health; but he being not yet
come abroad, we have entered into it; and we find
faults, and mean to select cases for example: but in
this swarm of priests and recusants we are careful
not to discourage in general. But the punishment
of some, that are notoriously corrupt, concerned not
the good, and will keep in awe those that are but
indifferent.

The balance of the king’s estate is in hand,
whereof I have great care, but no great help.

* Declaration of the Demeanor and Carriage of Sir Walter

Ralegh, Knight, as well in his Voyage, as in and since his return,
etc, printed at London, 1618, in quarto.

LEGAL SUBJECTS. 445

The sub-committees for the several branches of
treasure are well chosen and charged.

This matter of the king’s estate for means is like
a quarry, which digs and works hard; but then,
when I consider it buildeth, I think no pains too
much; and after term it shall be my chief care.

For the mint, by my next I will give account;
for our day is Wednesday.

God ever preserve and prosper you.

Your Lordship’s

Fr. VeRuLAM, Canc.
November 22, 1618.
Indorsed,

Of council- business.

TO THE LORD CHANCELLOR *,

MY HONOURABLE LORD,
I wavine understood by Dr. Steward, that your
lordship hath made a decree against him in the
chancery, which he thinks very hard for him to per-
form; although I know it is unusual to your lord-
ship to make any alterations, when things are so far
past : yet in regard I owe him a good turn, which I
know not how to perform but this way, I desire
your lordship, if there be any place left for mitiga-
tion, your lordship would shew him what favour

* Harl. MSS. Vol. 7006.

4.460 LETTERS RELATING TO

you may, for my sake, in his desires, which I shall
be ready to acknowledge as a great courtesy done
unto myself; and will ever rest
Your Lordship’s faithful friend and servant,
G. BuckINGHAM.
Newmarket, the 2d Decemb. 1618.

NOTES OF A SPEECH OF THE LORD CHANCELLOR IN THE
STAR-CHAMBER, IN THE CAUSE OF SIR HENRY YELVER-
TON, ATTORNEY-GENERAL *.

Sorry for the person, being a gentleman that I
lived with in Gray’s-Inn ; served with him when I
was attorney ; joined with him in many services, and
one, that ever gave me more attributes in public,
than I deserved; and, besides, a man of very good
parts, which with me is friendship at first sight;
much more, joined with so- ancient an acquaint-
ance. }

But, as a judge, I hold the offence very great,
and that without pressing measure ; upon which |
will only make a few observations, and so leave it.

1. First I observe the danger and consequence

* He was prosecuted in the Star-Chamber, for having passed
certain clauses in a charter, lately granted to the city of Lon-
don, not agreeable to his majesty’s warrant, and derogatory to
his honour. But the chief reason of the severity against him was
thought to be the marquis of Buckingham’s resentment against
him, for having opposed, according to the duty of his office,
some oppressive, if not illegal, patents, which the projectors of
those times were busy in preparing.

4

LEGAL SUBJECTS. 447

of the offence: for if it be suffered, that the learned
council shall practise the art of multiplication upon
their warrants, the crown will be destroyed in small
time. The great seal, the privy seal, signet, are
solemn things; but they follow the king’s hand. It
is the bill drawn by the learned council and the
docquet, that leads the king’s hand.

2. Next I note the nature of the defence. As
first, that it was error in judgment: for this surely,
if the offence were small though clear, or great,
but doubtful, I should hardly sentence it. For it
is hard to draw a straight line by steadiness of
hand; but it could not be the swerving of the
hand. And herein I note the wisdom of the law of
England, which termeth the highest contempts and

‘excesses of authority, “ misprisions ;” which, if you
» Wy

take the sound and derivation of the words, is
but “mistaken :” but if you take the use and ac-
ceptation of the word, it is high and hainous con-
tempts and usurpations of authority ; whereof the
reason I take to be, and the name excellently im-
posed ; for that main mistaking, it is ever joined
with contempt ; for he, that reveres, will not easily
mistake ; but he, that slights, and thinks more of the
greatness of his place than of the duty of his place,
will soon commit misprisions.

Indorsed,
Star-Chamber, October 24, 1620. Notes upon Mr.

Attorney's cause.

448 LETTERS RELATING TO

TO THE MARQUIS OF BUCKINGHAM.

MY VERY GOOD LoRD,
Iv may be, your lordship will expect to hear from
me what passed yesterday in the Star-Chamber,
touching Yelverton’s cause, though we desired secre-
tary Calvert to acquaint his majesty therewith.

To make short, at the motion of the attorney, in
person at the bar, and at the motion of my lord
Steward* in court, the day of proceeding is deferred
till the king’s pleasure is known. This was against
my opinion then declared plain enough; but put to
votes, and ruled by the major part, though some
concurred with me.

I do not like of this course, in respect that it puts
the king in a strait; for either the note of severity
must rest upon his majesty, if he go on; or the
thanks of clemency is in some part taken away, if
his majesty go not on.

I have “ cor unum et via una;” and therefore
did my part as a judge and the king’s chancellor.
What is farther to be done, I will advise the king
faithfully, when I see his majesty and your lordship,
But before I give advice, I must ask a question first.

God ever preserve and prosper you.

Your Lordship’s most obliged friend
and faithful servant,
Fr. VeruLaAM, Canc.

b

October 28, 1620.
* The duke of Lenox.

LEGAL SUBJECTS. 44.9

LORD CHANCELLOR BACON TO THE MARQUIS OF
BUCKINGHAM.

MY VERY GOOD LORD,
YESTERNIGHT we made an end of Sir Henry Yel-
verton’s cause. I have almost killed myself with
sitting almost eight hours. But I was resolved to
sit it through. He is sentenced to imprisonment in
the Tower during the king’s pleasure. The fine of
4000/. and discharge of his place, by way of opinion
of the court, referring it to the king’s pleasure.
How I stirred the court, I leave it to others to
speak; but things passed to his majesty’s great
honour. I would not for any thing but he had
made his defence; for many chief points of the
charge were deeper printed by the defence. But
yet I like it not in him; the less because he re-
tained Holt, who is ever retained but to play the
fool. God ever prosper you.

Your Lordship’s most obliged friend,

and faithful servant,
11, Nov. 1620. Fr. VERULAM, Canc.

TO THE KING.

IT MAY PLEASE YOUR EXCELLENT MAJESTY,
In performance of your royal pleasure, signified by
Sir John Suckling*, we have at several times con-
* He was afterwards comptroller of the household to king
Charles I. and father of the poet of the same name.
VOL VII. GG

450 LETTERS RELATING TO

sidered of the petition of Mr. Christopher Villiers*,
and have heard, as well the registers and ministers
of the Prerogative-Court of Canterbury, and their
council, as also the council of the lord archbishop of
Canterbury. And setting aside such other points,
as are desired by the petition, we do think, that
your majesty may by law, and without inconve-
nience, appoint an officer, that shall have the in-
grossing of the transcripts of all wills to be sealed
with the seal of either of the Prerogative-Courts,
which shall be proved “in communi forma;” and
likewise of all inventories, to be exhibited in the
same courts,

We see it necessary, that all wills, which are not
judicially controverted, be ingrossed before the pro-
bate. Yet, as the law now stands, no officer of those
courts can lawfully take any fee or reward for in-
grossing the said wills and inventories, the statute of
the 21st of king Henry the VIIIth restraining them.
Wherefore we hold it much more convenient, that it
should be done by a lawful officer, to be appointed
by your majesty, than in a cause not warrantable by
law. Yet our humble opinion and advice is, that
good consideration be had in passing this book, as
well touching a moderate proportion of fees to be
allowed for the pains and travel of the officer, as for
the expedition of the suitor, in such sort, that the

* Youngest brother to the marquis of Buckingham. He was
created, April 23, 1623, baron of Daventry and earl of An-
glesey. He died September 24, 1624,

CSOT

LEGAL SUBJECTS. 451

subject may find himself in better case than he is
now, and not in worse.

But however we conceive this may be convenient
in the two courts of prerogative, where there is
much business, yet in the ordinary course of the
bishops diocesans, we hold the same will be incon-
venient, in regard of the small employment.

Your Majesty’s most faithful
and obedient servants,
Fr. Veruiam, Canc.
Rosert Naunton,

Henry Monrtacu*,
November 15, 1602.

TO THE KING.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
AccorDING to your commandment, we have heard
once more the proctors of the Prerogative-Court,

_ what they could say ; and find no reason to alter, in

any part, our former certificate. ‘Thus much withal
we think fit to note to your majesty, that our former
certificate, which we now ratify, is principally
grounded upon a point in law, upon the statute of
21 Henry VIII. wherein we the chancellor and
treasurer, for our own opinions, do conceive the law
is clear ; and your solicitor-general} concurs.

* Lord chief justice of the King’s Bench, who, on the 3d of
December following, was advanced to the post of lord high
treasurer.

- + Sir Thomas Coventry, who was made attorney-general,
January 14, 1620-1.

4.52 LETTERS. RELATING TO

Now whether your majesty will be pleased to
rest in our opinions, and so to pass the patents; or
give us leave to assist ourselves with the opinion of
some principal judges now in town, whereby the law
may be the better resolved, to. avoid farther question
hereafter ; we leave it to your majesty’s royal plea-
sure. This we represent the rather, because we
discern such a confidence in. the proctors, and those
upon whom they depend, as, it is not unlike, they
will bring it to. a legal question.

And so. we humbly kiss your majesty’s hands,
praying for your preservation.

Your Majesty’s most humble
and obedient servants,
Fr. VerRuLAM, Canc.
Henry Monracu,
Rosert NAUNTON.
York-house, December 12, 1620.

NOTES UPON. MICHAEL DE LA POLE’S CASE*.

10 Rich. 2. The offences were of three natures:

1. Deceits to the king.

2. Misgovernance in point of estate, whereby the
ordinances made by ten commissioners for reforma-
tion of the state were frustrated, and the city of
Ghent, in foreign parts, lost.

* This paper was probably drawn up on occasion of the pro-
ceedings and judgment passed upon the lord viscount St. Alban
by the house of lords, May 3, 1621.

LEGAL SUBJECTS. 453

3. And his setting the seal to pardons for mur-
ders, and other enormous crimes.

The judgment was imprisonment, fine, and ran-
som, and restitution to the king, but no disablement,
nor making him uncapable, no degrading in honour
mentioned in the judgment : but contrariwise, in the
clause, that restitution should be made and levied out
of his lands and goods, it is expressly said, that be-
cause his honour of earl was not taken from him,
therefore his 20/. per annum creation money should
not be meddled with.

OBSERVATIONS UPON THORPE’S CASE.

24 Edw. 3. His offence was taking of money
from five several persons, that were felons, for staying
their process of exigent; for that it made him a
kind of accessary of felony, and touched upon matter
capital.

The judgment was the judgment of felony: but
the proceeding had many things strong and new;
first, the proceeding was by commission of oyer and
terminer, and by jury; and not by parliament.

The judgment is recited to be given in the king’s
high and sovereign power.

It is recited likewise, that the king, when he
made him chief justice, and increased his wages, did
“‘ ore tenus” say to him, in the presence of his coun-
cil, that now if he bribed he would hang him:
unto which penance, for so the record called it, he

454 LETTERS RELATING TO

submitted himself. So it was a judgment by a
contract.

His oath likewise, which was devised some few
years before, which is very strict in words, that he
shall take no reward, neither before nor after, is
chiefly insisted upon. And that, which is more to
be observed, there is a precise proviso, that the judg-
ment and proceeding shall not be drawn into exam-
ple against any, and specially not against any who
have not taken the like oath: which the lord chan-
cellor, lord treasurer, master of the wards, etc. take
not, but only the judges of both benches, and baron
of the exchequer.

The king pardoned him presently after, doubt-
ing, as it seems, that the judgment was erroneous,
both in matter and form of proceeding; brought it
before the lords of parliament, who affirmed the
judgment, and gave authority to the king in the like
cases, for the time to come, to call to him what lords
it pleased him, and to adjudge them.

NOTES UPON SIR JOHN LEE’S CASE, STEWARD OF THE
KING'S HOUSEHOLD.

44 Edw. 3. His offences were, great oppressions
in usurpation of authority, in attacking and impri-
soning in the Tower, and other prisons, numbers of
the king’s subjects, for causes no ways appertaining
to his jurisdiction ; and for discharging an appellant
of felony without warrant, and for deceit of the
king, and extortions.

LEGAL SUBJECTS. 455

His judgment was only imprisonment in the
Tower, until he had made a fine and ransom at the
king’s will; and no more.

NOTES UPON LORD LATIMER’S CASE.

50 Edw. 3. His offences were very high and
hainous, drawing upon high treason: as the extortious
taking of victuals in Bretagne, to a great value, with-
out paying any thing; and for ransoming divers
parishes there to the sum of 83,000/. contrary to the
articles of truce proclaimed by the king; for suffering
his deputies and lieutenants in Bretagne to exact,
upon the towns and countries there, divers sums of
money, to the sum of 150,000 crowns; for sharing
with Richard Lyons in his deceit of the king; for
enlarging, by his own authority, divers felons; and
divers other exorbitant offences.

Notwithstanding all this, his judgment was only
~ to be committed to the Marshalsea, and to make fine
and ransom at the king’s will.

But after, at the suit of the commons, in regard
of those horrible and treasonable offences, he was
displaced from his office, and disabled to be of the
king’s council; but his honours not touched, and he
was presently bailed by some of the lords, and suf-
fered to go at large.

456 LETTERS RELATING FO

JOHN LORD NEVILLE’S CASE. .

50 Edw. 3. His offences were, the not supplying
the full number of the soldiers in Bretagne, according
to the allowance of the king’s pay. And the second
was for buying certain debts, due from the king, to
his own lucre, and giving the parties small recom-
pence, and specially in a case of the lady Raven-
sholme. |

And it was prayed by the commons, that he
might be put out of office about the king: but there
was no judgment given upon that prayer, but only
of restitution to the lady, and a general clause of
being punished according to his demerits.

MY LORD,

Ir your lordship have done with that “ Mascardus
de Interpretatione Statutorum*,” I shall be glad,
that you would give order that I might use it. And
for that of 12 Hen. 7. touching the grand council
in the manuscript, I have since seen a privy seal of
the time of Henry 7. (without a year) directed to
borrow for the king ; and in it there is a recital of
a grand council, which thought, that such a sum
was fit to be levied ; whereof the Lords gave 40,000/.
and the rest was to be gotten by privy seal upon

* Alderani Mascardi communes conclusiones utriusque juris ad
generalem statutorum interpretationem accommodata; printed at
Ferrara, 1608.

4

LEGAL SUBJECTS. 457

loan. Doubtless, my lord, this interprets that of
the manuscript story.

On the back of this letter are the following notes by the

wane” lord viscount St. Alban.

“ The case of the judgment in parliament, upon
a writ of error put by Just. Hu. *.

_ The case of no judgment entered into the court
_ of augmentations, or survey of first fruits; which
are dissolved, where there may be an entry after,
out of a paper-book.

Mem. All the acts of my proceeding were after

the royal assent to the subsidy.”

QUESTIONS DEMANDED OF THE CHIEF JUSTICE OF THE
KING'S BENCH BY HIS MAJESTY’S COMMANDMENT.

1. In the case of the isle of Ely, whether his lord-
ship thinks that resolution there spoken of to be
law; That a general taxation upon a town, to pay
so much towards the repair of the sea-banks, is not
warranted to be done by the commissioners of
sewers ; but that the same must be upon every par-
ticular person, according to the quantity of his land,
and by number of acres and perches; and _ accord-
ing to the portion of the profit, which every one
hath there.

2. In Darcy’s case, whether his lordship’s judg-
ment be as he reporteth it tc be resolved; that the

* Hutton.

458 LETTERS RELATING TO

dispensation or licence of queen Elizabeth to Darcy
to have the sole importation of cards, notwithstand-
ing the statute, 3 E. 4, is against law.

3. In Godfrey’s case, what he means by this
passage, Some courts cannot imprison, fine, or
amerce, as ecclesiastical courts before the ordinary
archdeacon, etc. or other commissioners, and such
like, which proceed according to the canon or civil
law. |

4. In Dr. Bonham’s case, what he means by this
passage, That in many cases the common law shall
controul acts of parliament, and sometimes shall
judge them to be merely void: For where an act
of parliament is against common right and reason,
the law shall controul it, and adjudge it void.

5. In Bagges’s case, to explain himself where he
saith, That to the court of King’s Bench belongs
authority, not only to correct errors in judicial pro-
ceedings, but other errors and misdemeanors extra-
judicial, tending to the breach of peace, oppression
of subjects, or to the raising of faction, controver-
sies, debate, or to any manner of misgovernment.
So no wrong or injury can be done, but, that this
shall be reformed or punished by due course of law.

I received these questions the 17th of this in-

stant October, being Thursday; and this

!st day of the same month I made these
answers following :

Brean. 7

LEGAL SUBJECTS. 409

THE HUMBLE AND DIRECT ANSWER TO THE QUESTIONS
UPON THE CASE OF THE ISLE OF ELY.

THE statute of the 23 H. VIII. cap. 5, prescribeth
the commission of sewers to be according to the
manner, form, tenure, and effeci hereafter ensuing,
namely, to inquire by the oath of men, etc. who
hath any lands or tenements, or common of pasture,
or hath, or may have, any loss, etc. and all these
persons to tax, distrain, and punish, etc. after the
quantity of lands, tenements, and rents, by the num-
ber of acres and perches, after the rate of every
person’s portion or profit, or after the quantity of
common of pasture, or common of fishing, or other
commodity there, by such ways and means, and in
such manner and form, as to you, or six of you,
shall seem most convenient.

The commissioners of sewers within the isle of
Ely did tax Fendrayton, Samsey, and other towns
generally, namely, one intire sum upon the town of
Fendrayton, another upon Samsey, etc. The lords
of the council wrote to myself, the chief justice of
the Common Pleas, and unto justice Daniel and
justice Foster, to certify our opinions, whether such
a general taxation were good in law. Another ques-
tion was also referred to us, whereof no question is
now made: and as to this question we certified, and
so I have reported as followeth, That the taxation
ought to have these qualities, I. It ought to be

460 LETTERS RELATING TO

according to the quantity of lands, tenements, and
rents, and by number of acres and perches. 2. Ac-
cording to the rate of every person’s portion, tenure,
or profit, or of the quantity of common of pasture,
fishing, or other commodity, wherein we erred not,
for they be the very words and text of the law, and
of the commission. Therefore we concluded, that
the said taxation of an intire sum in gross upon a
town is not warranted by their commission, etc.
Aad being demanded by your majesty’s command-
ment, whether I do think the said resolution con-
cerning the said general taxation to be law, I could
have wished, that I could have heard council learned
again on both sides, as I and the other judges did,
when we resolved this point; and now being seven
years past since the said resolution, and by all this
time I never hearing any objection against it, I have
considered of this case, as seriously as I could within
this short time, and without conference with any;
and mine humble answer is, That for any thing that
I can conceive to the contrary, I remain still of my
former opinion, and have, as I take it, the express
text and meaning of the law to warrant mine opi-
nion. Seeing that one town is of greater value, and
subject to more danger, than another, the general
taxation of a town cannot, as I take it, be just, unless
the particular lands, etc. and loss be known, for the
total must rise upon the particulars ; and if the par-
ticulars be known, then may the taxations be in
particular, as it ought, as I take it, to be according
to the express words of the act and commission.

LEGAL SUBJECTS. 461

The makers of the act did thereby provide, That
every man should be equally charged, according to
his benefit or loss; but if the general taxations:
should be good, then might the intire tax set upon
the town be levied of any one man or some few men
of that town ; which should be unequal, and against
the express words of the act and commission; and
if it should be in the power of their officer to levy
the whole taxation upon whom he will, it would be
a means of much corruption and inconvenience ; all
which the makers of the act did wisely foresee by
the express words of the act.

If the taxation be in particular, according to the
number of acres, etc. which may easily be known, it
may, as I take it, be easily done.

It was not only the resolution of the said three
judges, but it hath been ruled and adjudged by di-
vers other judges in other rates accordingly.

All which notwithstanding I most humbly sub-
mit myself herein to your majesty’s princely
censure and judgment.

E'pw. Coxe.

THE HUMBLE AND DIRECT ANSWER. TO THE QUESTIONS
UPON D’ARCY’S CASE.

Tue statute of 3 of E. IV. cap. 4. at the humble
petition of the card-makers, etc. within England,
prohibiteth, amongst other things, the bringing into
the realm of all foreign playing cards upon certain

462 LETTERS RELATING TO

penalties. Queen Elizabeth, in the fortieth year of
her reign, granted to Sir Ed. D’Arcy, his executors,
deputies, and assigns, for twenty-one years, to have
the sole making of playing cards within the realm,
and the sole importation of foreign playing cards ;
and that no other should either make any such
cards, within the realm, or import any foreign cards,
but only the said Sir Ed. D’Arcy, his executors,
deputies, and assigns, notwithstanding the said act.

The point concerning the sole making of cards
within the realm is not questioned: the only ques-
tion now is concerning the sole importation.

It was resolved, that the dispensation or licence to
have the sole importation or merchandizing of cards,
without any limitation or stint, is utterly against the
law.

And your majesty’s commandment having been
signified to me, to know, whether my judgment be,
as I report it to be resolved, in most humble manner
I offer this answer to your majesty ; That I am of
opinion, that without all question the late queen by
her prerogative might, as your majesty may, grant
licence to any man to import any quantity of the
said manufacture whatsoever, with a “ non obstante”
of the said statute: and for proof thereof I have
cited about fifteen book-cases in my report of this
case. And the first of those book-cases is the
2H. VII. fol. 6, by the which it appeareth, that
if a penal statute should add a clause, That the
king should grant any dispensation thereof,
“non obstante” the statute; yet the king, not-

LEGAL SUBJECTS. 463

withstanding that clause of restraint, might grant
dispensations at his pleasure with a “non ob-
stante” thereof. Therefore seeing this royal pre-
rogative. and power to grant dispensations to
penal laws is so incident and inseparable to the
crown, as a clause in an act of parliament cannot
restrain it, [ am of opinion, that when the late queen
granted to Sir Ed. D’Arcy to have the sole impor-
tation of this manufacture without limitation, and
that no other should import any of the same during
21 years, that the same was not of force either
against the late queen, or is of force against
your majesty: for, if the said grant were of force,
then could not the late queen or your majesty,
during the said term, grant any dispensation of this
statute concerning this manufacture to any other for
any cause whatsoever; which is utterly against your
majesty’s inseparable prerogative, and consequently
utterly void ; which falleth not out where the licence
hath a certain limitation of quantity or stint; for
there the crown is not restrained to grant any other
licence.

And therefore where it was resolved by Popham
chief justice, and the court of King’s Bench, before
I was a judge, That the said dispensation or licence °
to have the sole importation and merchandizing of
cards without any limitation or stint, should be void,
Iam of the same opinion; for that it is neither
against your majesty’s prerogative, nor power in
granting of such dispensations; but tendeth to the
maintenance of your majesty’s prerogative royal,

464 LETTERS REEATING TO

and may, if it stand with: your majesty’s pleasure, be
so explained.
Wherein in all humbleness: I submit myself to
your Majesty’s princely censure and judgment.
-Epw. Coxe.

- THE HUMBLE AND DIRECT ANSWER TO THE QUESTION
RISING UPON GODFREY’S CASE.

SoME courts cannot imprison, fine, nor amerce, as
ecclesiastical courts holden before the ordinary, arch-
deacon, or their commissaries and such like, which
proceed according to the common or civil law.

And being commanded to explain what I meant
by this passage, I answer, that I intended only those:
ecclesiastical courts there named and such like, that
is, such like ecclesiastical courts, as peculiars, ete.

And within these words, (And suclv like) I never
did nor could intend thereby the high commission ;
for that is grounded upon an act of parliament, and
the king’s letters patents under the great scal.
Therefore these words “ commissaries” and “ such
like” cannot be extended to the high commission,
but, as I have said, to inferior ecclesiastical courts:

Neither did I thereby intend the court of the
admiralty ; for that is not a like court to the courts
before named; for those be ecclesiastical courts, and
this is temporal. But L referred the reader to the
case in Brooks’s abridgment, pla. 77, where it. is
that, if the admiral, who proceeded by the civil law,

Be

LEGAL SUBJECTS. . 465

hold plea of any thing done upon the land, that it is
void and “ coram non judice ;” and that an action of
transgressions in that case doth lie, as by the said
case it appeareth. And therefore that in that case
he can neither fine nor imprison. And therewith
agree divers acts of parliament; and so it may be
explained, as it was truly intended.
All which I most humbly submit to your ma-
jesty’s princely judgment.
' Epw. Coke.

JOHN SELDEN, ESQ. TO THE LORD VISCOUNT ST. ALBAN.

MY MOST HONOURED LORD,

At your last going toGorhambury, you were pleased
to have speech with me about some passages of par-
liament ; touching which, I conceived, by your lord-
ship, that. I should have had farther direction bya
gentleman, to whom you committed some care and
consideration of your lordship’s intentions therein. I
can only give this account of it, that never was any
man more willing or ready to do your lordship ser-
vice, than myself; and in that you then spake of, I
had been most forward to have done whatsoever I
had been, by farther direction, used in. But I un-
derstood, that your lordship’s pleasure that way was
changed. Since, my lord, I was advised with, touch-
ing the judgments given in the late parliament. For
them, if it please your lordship to hear my weak
judgment expressed freely to you, I conceive thus,
VOL. VII. | H H

466 LETTERS RELATING TO

First, that admitting it were no session, but only a
convention, as the proclamation calls it; yet the
judgments given in the upper house, if no other
reason be against them, are good; for they are given
by the lords, or the upper house, by virtue of that
ordinary authority, which they have as the supreme
court of judicature ; which is easily to be conceived,
without any relation to the matter of session, which
consists only in the passing of acts, or not passing
them, with the royal assent. And though no session
of the three states together be without such acts so
passed ; yet every part of the parliament severally
did its own acts legally enough to continue, as the
acts of other courts of justice are done. And why
should any doubts be, but that a judgment out of
the King’s Bench, or Exchequer-Chamber, reversed
there, had been good, although no session? For
there was truly a parliament, truly an upper house,
which exercised by itself this power of judicature
although no session. Yet withal, my lord, I doubt,
it will fall out, upon fuller consideration, to be
thought a session also. Were it not for the procla-
mation, I should be clearly of that mind; neither
doth the clause, in the act of subsidy, hinder it. Tor
that only prevented the determination of the session
at that instant ; but did not prevent the being of a
session, whensoever the parliament should be dis-
solved. But because that point was resolved in the
proclamation, and also in the commission of dissolu-
tion on the 8th of February, I will rest satisfied.
But there are also examples of former times, that

LEGAL SUBJECTS. 467

may direct us in that point of the judgment, in re-
gard there is store of judgments of parliament, espe-
cially under Edward I. and Edward II. in such con-
ventions, as never had, for aught appears, any act
passed in them. Obs

Next, my lord, I conceive thus; that by reason
there is no record of those judgments, it may be
_ justly thought, that they are of no force. For thus
it stands. The lower house exhibited the declara-
tions in paper; and the lords, receiving them, pro-
ceeded to judgment verbally ; and the notes of their
judgments are taken by the clerk, in the journal
only ; which, as I think, is no record of itself; neither
was it ever used as one. Now the record, that in
former times was of the judgments and proceedings
there, was in this form. The accusation was exhi-
bited in parchment; and being so received, and
indorsed, was the first record; and that remained
filed among the bills of parliament, it being of itself
as the bills in the King’s Bench. Then out of this
there was a formal judgment, with the accusation
entered into that roll, or second record, which the
clerk transcribes by ancient use, and sends into the
chancery.

But in this case there are none of these : neither
doth any thing seem to help to make a record of it,
than only this, that the clerk may enter it, now after
the parliament; which, I doubt, he cannot. Because,
although in other courts the clerks enter all, and
make their records after the term ; yet in this parlia-
mentary proceeding it falls out, that the court being

468 LETTERS RELATING TO LEGAL SUBJECTS.

dissolved, the clerk cannot be said to have such a
relation to the parliament, which is not then at all
in being, as the prothonotaries of the courts of
Westminster have to their-courts, which stand only
adjourned. Besides, there cannot be an example
found, by which it may appear, that ever any record
of the first kind, where the transcript is into the
chancery, was made in parliament; but only sitting
the house, and in their view. But this I offer to
your lordship’s farther consideration, desiring your
favourable censure of my fancy herein; which, with
whatsoever ability I may pretend to, shall ever be
desirous to serve you, to whom I shall perpetually
own myself
Your Lordship’s most humble servant,

J. SELDEN.
From the Temple, February.

SIV; CIODCXKT:

eee ee a Te

IN. D E-X,

*
Axusr, remembrance of, 388. 5
Affection, contention of, 82. ‘
Affirmation, advice hardly from, $1.
Air strengtheneth health, 165.
Alteration of abuse, 67.
Ambition, little picture, 113.
Animo sedato et libero, 401.
Andrews, dedication to Lancelot, 112.
Arraignment, a memorial touching, 412.
Arts, inclination to study, 253.
Attraction, observations about, 225.
Auctori consilium, 380.
Augustin, St. nettle root of, 261.
Baptism, 82.
Bell, moist metal, not of clear sound, 91, 202.
Book, a true friend is a good, 306.
best, 298.
Bread, 56.
Broughton, death of Hugh, 436.
Buckingham, letter from G. 431, 432, 434, 436, 437, 438, 439, 440, 443, 445.
letter to earl, 430.
letter to marquis, 368, 444, 448, 449.
Calumniation, danger of, 42.
Ceremony, concerning, 79.
Chancery, ordinances for, 273.
place, speech on taking, 243.
Chastisement, effect of, pleasant, 423.
Christian paradoxes, 21.
Church controversies, 28.
Cicero during banishment, dejected, 118.
Circuits, star chamber speech before summer, 258.
Civilly, power ever carried, 259.
Cloth, retentive power of scarlet, 232.
Cogitation, divide all, 422.
Coin, allay of silver, brass, 192.
Coke, answer to case 1 from Edw. 459.
case 2 from Edw. 461.
case 3 from Edw, 464.
case 4 from Edw. 873.
case 5 from Edw. 376.
discharge of chief justice Sir Edward, 352.
expostulation to Lord chief justice, 296.
letter from Edw. 322, 357, 378.
letter to Lord chief justice, #21.
reasons why it should be exceeding much to remove Lord, 340.
remembrances of declaration touching the Lord, 349.
Coming in, proclamation drawn for, 173.
Commendams, letter about, 307, 321, 409.
Commixture, liquor settling, 221.
Compass, providence worketh by, 13.
Complaint, bill of, 78.
Conceited too proud to learn of inferiors, 296.
Confidence never transposed, 74.

470 INDEX.

Confusion of jest withearnest, 33.
Conquest, discord in, 180.
Conscience, promise of informed, 344,
Consolation to calamity, example, 112.
Constantine, 120.
Contempt ever main mistaking, 447.
Contention, fruit of, the olive and grape, 46.
Controversies, church, 28.
Controversy obiter causeth, 55.

things out of, gracious, 50.
Countenance. a laughing, woundeth, 32.
Country, native, loved, 116.
Crystal, government like, 261.
Dalliance, the holy, at kmmaus, 57.
Darcy of the north, suit of Lord, 354.
Dedication, a manner for, 98, 117.
Defects, reverence used towards, 66.
Denham, exchequer speech to Sir John, 267.
Diotrephes, Rabbi the successor of, 41.
Discipline, form for, left free, 68.
Discord, some make music in, 29.
Discretion, 310.
Dispatch of Penelope, 254.
Displeasure, dove’s, 4.
Divinity, arts handmaids to, 85.
Domus mea domus oratonis vocabitur, 79.
E numero, universities will, 41,
Elizabeth, Queen, praise of, 149.
Ellesmere, letter from T. 346, 370.
Etiam vultur saepe laeditur pietas, 81.
Examination, question by degree in, 407.
Example, precepts of, 263.
Excellency, best wit’s, 166.
Exchequer baron speech, 267.
Excommunication, abuse of, 89.
Exhortation for knowledge and love, 95.
Expatiation in discourse forborn, 371.
Fabric, mingle the elements to conserve the, 427.
Faith, of, a confession, 10.
Fool, an answer for, 33.
Fray, the blow maketh, 34.
Gamester, looker sometime seeth more than, 361.
Glass, milky colour, 193.
Good, keep one eye upon the, 52.
Government, circumstances for, 70.
Greatness, mediocrity worthy of, 305
Health consisteh in temperance, 250.
Heart, all lines from the, equal, 182.
Helwisse, death of Gervase, 421.
Herbert, dedication to George, 98.
Holy War, of an, 119.
Hutton, common pleas speech to justice, 270.
Imagination worketh upon greatest matter, 416
Impression, expectation of first, 67.

from example, 112.

persecution causeth, 44.
Information, fervent, misled by, 364.
Inquisition, physiological, 19.2
Instauration, Advancement key to, 115.
Ira viri non operatur justitiam Dei, 53.

INDEX. _ 471

Ireland, of, speech on Lord chief justice, 263.
Interpretation, scripture’s, 18.
James apostyle of King, 413, 416.
letter from King, 325, 359.
letter to King, 307, 346, 35%, $54, 369, 388, 394,399, 423,
449, 551.
memorial for King, 310.
Jones, Speech to Sir William, 263.
Judgment, straight line drawn by, 447,
Judicial tracts, 241.
Kitchen, soiliness of brass, 190.
Law, there is one entire, 268. -
Laws, a digest of, laid aside, 116.
Letters, 433.
Liturgy, concerning the, 79.
Mad, half, do most t mischief, 429,
Maintenance, provision for sufficient church, 94,
Means, hospitality not above, 320.
Medical remains, 226.
Meditation, church music for holy, 83.
Men, the good of all, procured, 3.
Metals, of, touching compounding, 187, 196, 200.
restitution, 212, 213,
separation, 202, 204.
variation, 206, 209.
Mind apprehensive of fears, adverse fortune maketh the, 149.
Mineral works, speech on drowned, 215.
Ministers, equality of, confusion, 45.
Mirror, Roman, copper and tin, 201.
Murray, letter to Jolin, 392, 393, 394.
Notation of wrongs, enough, 51.
Oath, ex officio captious, 51.
Opinion, deliberation overturneth, 130.
Ordinances in Chancery, 289.
Ordnance, strength of brass, 189.
Overbury, death of Thomas, 387.
Owen, supplement to speech against, 397.
Pacification and edification, 61.
Paradoxes, a christian character in, 21. *
Parts, good, create friendship at first sight, 446.
Peacham, death of Edmund, 395.
Peril, accidents breed, 31.
Physiological remains, 187,
Pirates, Pompey’s war upon, 189.
Plowden, death of Edmund, 343,
Pluralities and non residents, 91.
Practice of studies, studies do but tend to, 92.
Prayer made and used, 5.
or psalm, $.
Preaching ministry, touching a, 85.
Profit, experiments for, 221.
mechanical present, 265.
the price of pleasure, 191,
Quantity, ever harder to sever the less, 192.
Raleigh, death of Walter, 440.
Receipt, medical, 226.
Reparation, churches need, 65.
Remains, medical, 226.
physiological, 187.

4.72 ey) INDEX.

Resistance, passive and active, unequal, 203.
Rose, preparation of the damask, 228.
Selden, letter from John, 465.
Side, neutrality better or worse than either, 60.
Smith, mistake of Thomas, 391.
Solomon’s no superstitious judgment, 56.
twelve lions, 271.
Somerset, death of the earl and countess of, 412.
legal questions for the judges in the case of the earl and countess
of, 410. .
letter from R. 387.
Speech, temperate, of a soldier, 386, 354.
upon taking his place, 241.
Stanford, death of William, 358.
Stile, a draught on proclamation of, 179.
Student’s prayer, 8.
Study, midnight, 216.
Suits, of, advive for reviving the commission, 425
Table, work of the first, 79.
work of the second, 54.
Tracts, judicial, 241.
miscellaneous, 147.
theological, 1.
Translation, rule against equivocation in, 81.
Treason, the gun-powder, 389.
‘Trouble, confine mistakings ere they, 135.
Tyndal, death of John, 356.
Uncivil, the fond are, 53.
Verse, in English, psalm 1, 99.
12, 100.
90, 101.
104, 104.
126, 108.
137, 109.
149, 111.
Villiers, death of Christopher, 450.
letter from George, 344.
letter to Sir George, 317, 406, 419. ©
Vineyard, good husband ever pruning his, 50.
Virtue, accusation pierceth, 38,
comparison should be in, 66.
War advertisement, holy, 118.
questions, holy, 145.
Weight in air and water, experiments on, 217.
Whitelocke, death of James, 381.
Williams, death of John, 388.
Wine, heat vapoureth spirit of wine, 229.
Wit, seeketh best, 166.
Word, admonition in a, 267.
Writer’s prayer, 9.
Writing, earnest, not hastily to be condemned, 32.
Years, appearances carry away young, 41.
Yelverton, letter from Henry, 364.
letter to Sir Henry, 433.
notes on Sir Henry, 446.
sentence against Henry, 419.
Zeal or love, feeling doth express, 32.

END OF THE SEVENTH VOLUME.

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