

ST MICHAERS CHUREE, 


ce) 


2 5 Soe WY osiied aK hedese Wy WAM¥Y va wot hae Vt ihaels Chueaean 
ay Be L914. Ficte CCTV rOCe Wipe Be Pe Oe ES yy, Mee only Chrcideuame 
Z) 2 ee 7 au, y nb ) ; 
va) ae a willhan hoe tweally 7 C42 feria AML”. 


CSo2 wey VUAMVICE and memiry J Loar CUM LO WACPY oharetatia Mba 
L 


‘] ofeece og andl ie WAMOWIS, wed f~hie VWOAS AYCA | . 


THE WORKS 


FRANCIS BACON,’ 
Hord Chancellor of England, | 


A NEW EDITION: 


BY 


BASIL MONTAGU, ESQ. 


VOL. V. 
LONDON: 
- 
WILLIAM PICKERING. ee 
MDCCCXXVI. ne 
tr. | iA 


v 


PREFACE. 


THIS VOLUME CONTAINS : 


I. Tracts relating to Scotland. 
1. A discourse of the happy union 
Articles touching the union 
Certificate of the commissioners 
Naturalization of the Scottish nation 
Union of laws : 
6. Proposition towards the union of laws 
7. The Post-nati 
II. Tracts relating to Ireland, 
1. Considerations touching the plantation 
2. Letter to Mr. Secretary Cecil 


3. Considerations touching the queen’s ser- 


vice in Ireland : 
4. Letters to Sir Geo. Villiers 


III. Tracts relating to Spain, 
1. Report of the Spanish grievances 


2, Notes of a speech concerning a war 


with Spain : ‘ 
3. Miscellaneous Tracts 
4. Report of Lopez’s treason 


IV. Tracts relating to England, 
i. Of the true greatness of Britain 
VOL. V- b 


i PREFACE, 


2. Proposition touching the amendment 
of the laws ~ Qe. 
3. Offer of digest of the laws ‘ . 353 


4. Certificate touching the penal laws . 362 
5, Advice touching the Charter-house . 374 
6. Observations on a libel : . 884 


Two centuries have passed away since Lord 
Bacon said, ‘ I have held up a light in the obscurity 
of philosophy which will be seen centuries after I am 
dead.’(a)—He died on the 9th of April, 1626. On 
the 9th of March, 1826, Mr. Peel, on moving for leave 
to bring in a bill for the amendment of the criminal 
law, said, ‘ If authority were required, I could cite 
some of the most illustrious names that have 
adorned the civil and judicial annals of this coun- 
try, the names of lawyers and of statesmen, who 
have either expressed a decided opinion in favour of 
the attempt to simplify the law, or who have been 
actually engaged in the undertaking. To one of 
these, the first in point of antiquity as the first in 
weight and esteem, I will refer, and thus preclude 
the necessity of summoning other less important 
testimony. The lord chancellor Bacon submitted 
to king James I. a proposal for amending the laws 


(a) In the dedication of the Novum Organum, he says, ‘ et 
mortuus fortasse id effecero, ut illa posteritati, nova hac ac- 
censa face in philosophie tenebris, preelucere possint.’ 

And in a letter which he wrote to the king, he‘says, ‘ And, 
to tell your majesty truly what I think, 1 account your favour 
may be to this work as much as an hundred years time: for I 
am persuaded, the work will gain upon men’s minds in ages. 


PREFACE. ill 


of England. In that treatise, short as it is, is com- 
prised every argument that can be cited in favour 
of the measure of which I am speaking ; every objec- 
tion is foreseen and satisfactorily confuted. The 
lapse of two hundred and fifty years has increased 
the necessity of the measure which Lord Bacon then 
proposed, but it has produced no argument in favour 
of the principle, no objection adverse to it, which, 
to use the words of Cowley applied to Bacon him- 
self, ‘ from the mountain top of his exalted wit, , he 
did not anticipate.’ (0). 

_ Never was man more zealous for improvement 
than lord Bacon. ‘ The froward retention of custom 
is, he says, ‘as turbulent a thing as innovation: 
and they that reverence too much the old times, are 
but a scorn to the new; for time, the greatest in- 
novater, alters all things to the worse, and, if wis- 
dom and counsel shall not alter them to the better, 
what shall be the end?(c), and, as if foresee- 
ing the present times, Kings, who are desirous 
that a perpetuity of good may descend to their 
country, will encourage ‘ the erection of tem- 
ples, tombs, palaces, theatres, bridges, making no- 
ble roads, cutting canals, granting multitude of 
charters, and liberties for comfort of decayed com- 


(6) For the conclusion of Mr. Peel’s — see note A at 
the end, page [i.] 

(c) Non progredi est regredi. An Indian being pursued, his 
pursuers set fire to the dry grass. He saw the streams of flame 
overtaking him. He struck a light: set fire to the grass before 
him and escaped, 


1V PREFACE, 


panies and corporations; the foundation of colleges 
and lectures for learning, and the education of 
youth; foundations and institutions of orders and 
fraternities for nobility, enterprize, and obedience ; 
but, above all, the establishing good laws for the 
regulation of the kingdom, and as an example to the 
world.’ 

Lord Bacon’s zeal for improvement was accom- 
panied by extreme caution in the admission of 
alteration. ‘ The inferring,’ he says, ‘a general po- 
sition from a nude enumeration of particulars, with- 
out an instance contradictory, is vicious: nor doth 
such an induction infer more than a probable conjec- 
ture that there is no repugnant principle undisco- 
vered : asif Samuel should have rested in those sons 
of Jesse which were brought before him in the house, 
and should not have sought David who was absent in 
the field” Upon this principle his art of invention is 
founded: in which his tables are tests for the detec- 
tion of latent evil under apparent good, not only in 
natural philosophy but in morals and legislation. (@) 


(d) ‘ Etiam dubitabit quispiam potius quam objiciet; utrum 
nos de naturali tantum philosophia, an etiam de scientiis re- 
liquis, logicis, ethicis, politicis, secundum viam nostram per- 
ficiendis loquamur. At nos certe de universis hec, quee dicta 
sunt, intelligimus atque quemadmodum vulgaris logica, que 
regit res per syllogismum, non tantum ad naturales, sed ad 
omnes scientias pertinet; ita et nostra, que procedit, per 
inductionem, omnia complectitur. Tam enim historiam et 
tabulas inveniendi conficimus de ira, metu, et verecundia, et 
similibus, ac etiam de exemplis rerum civilium: nec minus de 


PREFACE. Vv 


-Zealous as Lord Bacon was for improvement 
it was not his nature to fix upon temporary evils, 
“nubecula est cito transibit,” nor to suggest tem- 
porary remedies which ‘ are confined within the 
circle of an age or a nation, and like fruitful show- 
ers, profitable and good as they are, serve but for a 
season and for the latitude of ground where they 
fall:’ but he fixed upon constant defects and suggested 
remedies, like the benefits of heaven, permanent and 
universal, He, therefore, invariably endeavours to 
discover general truths as the root or stem from 
which particular truths proceed. (e) 

It was the custom of Lord Bacon, before he at- 
tempted to advance any science, to remove the ob- 
stacles by which its advance was impeded. His 
treatise ‘ De Augmentis Scientiarum,’ opens not with 


motibus mentalibus memorie, compositionis et divisionis, 
judicil, et reliquorum; quam de calido et frigido, aut luce, aut 
vegetatione, aut similibus.’ Aph. 127. 

(e) ‘ The partitions of knowledge are not like several lines 
that meet in one angle, and so touch but in a point; but 
are like branches of a tree, that meet in a stem, which hatha 
dimension and quantity of entireness and continuance, before 
it come to discontinue and break itself :nto arms and boughs : 
Is not the precept of a musician, to fall from a discord or harsh 
accord upon a concord or sweet accord, alike true in affection ? 
Is not the trope of music, to avoid or slide from the close or 
cadence, common with the trope of rhetoric of deceiving ex~ 
pectation? Is not the delight of the quavering upon a stop in 
music the same with the pleying of light upon the water? * And 
amongst the distempers of learning, he says, after the distribu- 
tion of particular arts and sciences, men have abandoned uni- 
versality, or ‘philosophia prima;’ which cannot but cease and 


vi PREFACE, 


a laudative of learning, a hymn to the Muses, (/) 
but with a survey of the obstacles to its advance- 
ment, opposed by ignorance, but ignorance seve- 
rally disguised. (g) So too the Novum Organum 
opens with a survey of the obstacles opposed to 
the understanding in the discovery of truth; the 
tendencies by which the whole human race are liable 
to be warped, from the truth, ‘ Zhe Idols of the 
Tribe, as he terms them; (h) and the warps which 


stop all progression. For no perfect discovery can be made 
upon a flat or a level: neither is it possible to discover the 
more remote and deeper parts of any science, if you stand but 
upon the level of the same science, and ascend not toa higher 
science. 

(f) I have no purpose to enter into a laudative of learning, or 
to make a hymn to the muses ;(though I am of opinion that it 
is long since their rites were duly celebrated :) but my intent is, 
without varnish or amplification, justly to weigh the dignity of 
Knowledge in the balance with other things, to take the true 
value thereof by testimonies and arguments divine and human. 

(g) ‘In the entrance to the former of these, to clear the way, 
and, as it were,to make silence, to have the true testimonies 
concerning the dignity of learning to be better heard, without 
the interruption of tacit objections; I think good to deliver it 
from the discredits and disgraces which it hath received, all 
from ignorance, but ignorance severally disguised ; appearing 
sometimes in the zeal and jealousy of divines; sometimes in the 
severity and arrogancy of politicians; and sometimes in the 
errois and imperfections of learned men themelves.’ 

(h) « There are certain predispositions which beset the mind 
‘of man: certain idols which are constantly operating upon 
‘the mind and warping it from the truth ; for the mind of man, 
‘ drawn over and clouded with the sable pavilion of the body, 
‘is so far from being like a smooth, equal and clear glass, 


PREFACE. vil 


operate upon particular individuals, ‘ The Idols of 
the Den.’ (7) 

When Bacon’s zeal for improvement, and. his 
search for general truths, and his habit of removing 
obstacles are considered, it may appear extraordi- 
nary that, instead of confining his observations to 
mere professional antipathies, to the objections of 
Divines,() of Politicians, (/) and of Lawyers, (7) the 
Idols of the Den, he did not investigate the general 
obstacles to reform The fdols of the Tribe. 

That there is and ever has been an antipathy. to. 
change of custom, is a truth beyond the reach of 
doubt. May it not be said to every city, as was said 
2000 years ago to Jerusalem, ‘O. thou that killest 
the prophets, and stonest them which are sent unto 
thee, how often would I have gathered thy children 


‘ which might sincerely take and reflect the beams of things ac- 
‘ cording to their true incidence, that it is rather like an en- 
‘chanted glass full of superstitions, apparitions and impos- 
‘ tures.’ : 

(i) Besides the general aberrations of human nature, we 
every one of us have our particular den or cavern which re- 
fracts and corrupts the light of nature; either because every 
man has his respective temper, education, acquaintance, course 
of reading and authorities, or from the difference of impres- 
sions, as they happen in a mind prejudiced or prepossessed or 
in one that is calm and equal. 

(k) In the Advancement of Learning, yol. ii. p 8. and in 
the Novum Organum, Aph, 79. 

(1) In the Advancement of Learning, vol. ii. p. 14 

(m) In the tract upon the improvement of the Jaw, and in 
this vol. page 338. 


Vill PREFACE. 


together, even as a hen gathereth her chickens under 
her wings, and ye would not. (7) ? 

The causes of this antipathy; the principle 
upon which the pleasure of associating ourselves 
with past times depends; whether it excite some 
of our best feelings, or is an imaginary extension 
of our existence, Lord Bacon did not stop to en- 
quire: He seems cautiously to have avoided such 
speculations, which to him was ‘ spinning out of our- 
selves cobwebs of learning, admirable for the fine- 
ness of their texture, but of no substance or pro- 
fit’(0) He contented himself with the fact that 
attachment to antiquity is an idol of the under- 
standing :(y) a vain imagination: for the present 
times are the ancient times, when the world is 
ancient, and not those which we account ancient 


(n) See note B. at the end, p. [iv.] 

« (0) The wit and mind of man, if it work upon matter, which 
‘is the contemplation of the creatures of God, worketh according 
‘to the stuff, and is limited thereby; but if it work upon itself, 
“as the spider worketh his web, then it is endless, and brings 
‘ forth indeed cobwebs of learning, admirable for the fineness of 
‘thread and work, but of no substance or profit.—Q. Does the 
knowledge of a country ever rise higher than its metaphysics ? 
—L’homme n’est que trop souvent inconnu a celui qui le 
‘gouverne. Cependant pour diriger les mouvemens de la 
‘ poupée humaine, il faudroit connoitre les fils qui la meuvent. 
‘Privé de cette connoissance, qu’on ne s’étonne point si les 
‘ mouvemens sont souvent si contraires a ceux que le législateur 
«en attend,’ ; 

(p) Novum Organum, Aph. 66, &c 


PREFACE. ix 


“ ordine retrogrado,’ by a computation backward 
from ourselves. (7) 
The objections to change seem to be 
1. By INTELLIGENCE. 
Q. By IGNORANCE. 
3. By INTEREST. 


THE ANTIPATHY OF INTELLIGENCE. 

The desire to diminish evil, which varies with our 
knowledge and sensibility (7) is one of our chief 
sources of delight.(s) A delight so exquisite, a pas- 
sion so powerful that, like all strong passions, it has 
a tendency to act without sufficient knowledge, (¢) 
and, with some knowledge, to run into excess.(u) 
Intelligence, conscious of the blessings which it en- 
joys, and knowing the frailty of man’s foresight : 
conscious that perplexities accompany the most be- 
neficial alterations, (2) and that delay cannot be at- 
tended with permanent evil: Knowing that the love 
of change is nearly allied to a contempt of authority 


(q) Antiquity deserveth that reverence, that men should 
make a stand there upon, and discover what is the best way; 
but when the discovery is well taken, then to make progression, 
And to speak truly, ‘ Antiquitas seculi juventus mundi.” These 
times are the ancient times, when the world is ancient, and 
not those which we account ancient “ ordine retrogrado,” by a 
computation backward from ourselves.x—See note C at the 
end, p. [vi.] 

(r) See note D at the end, p- [vii.] 

(s) See note E at the end, p. [ix.] 

(t) See note F at the end, p, [xii.] 

(u) See note G at the end, p. [xiv.] 

(x) See note H at the end, p, [xv.] 


Xx PREFACE, 


and frequently accompanied by a presumptuous 
confidence in private judgement: a dislike of all 
established forms merely because they are established, 
and of the old paths merely because they are old; 
Knowing that it has a tendency to go too far rather 
than not far enough: Fearing the errors of good 
intention and suspecting that there may be la- 
tent evil beneath apparent good, is always dis- 
posed to make a stand upon the old ways, and to look 
with suspicion upon a love of change whether it ex- 
ists in itself or in others.—Lord Bacon, zealous as he 
was for all improvement ; believing, as he did, in the 
omnipotence of knowledge, that the spirit of man is 
as the lamp of God, wherewith he searcheth the in- 
wardness of all secrets ; and branding the idolaters of 
old times as a scandal to the new—says, ‘ It is good 
not to try experiments in states, except the necessity 
be urgent, or the utility evident: and well to beware 
that it be the reformation that draweth on the 
change, and not desire of change that pretendeth 
the reformation : that novelty, though it be not re- 
jected, yet be always suspected: and, as the Scrip- 
ture saith, ‘ that we make a stand upon the ancient 
way, and then look about us, and discover what 
is the straight and right way, and so to walk 
in it.’ ( y) 

From the resistance by intelligence, from that 
holy fear which suspects danger, and foresees the 
possibility of mischief in approaching change, good 


(y) See note I at the end, p. [xvi.] 


PREFACE. x1 


is to be hoped, evil seldom to be dreaded, “if the 
counsel be light and weak, it will be reproved by 
time: if it be of weight, by time it will be settled 
and authorized (w).” 


II. ANTIPATHY OF IGNORANCE. 


The antipathy of ignorance is of a different na- 
ture. It originates in the attachment to exist- 
ing customs, merely because they exist.—It is the 
attachment of Mahometans to opium and to two 
wives: and of Christians to alcohol and to one 
wife.—It is the attachment of Christians and Ma- 
hometans to the custom, that, when the father dies, 
the mother shall protect their children.—It is the 
attachment of the Hindoos to the custom that, upon 
the death of the father, the widow shall burn her- 
self at his funeral, and leave their children orphans, 
It is the attachment of the peasants, who, in a par- 
ticular district in Italy, loaded their panniers with 
vegetables on one side, and balanced the opposite 
pannier by filling it with stones: and when a tra- 
veller pointed out the advantage to be gained by 
loading both panniers with vegetables; he was an- 
swered, “ that their forefathers, from time immemo- 
rial, had so prepared their produce for market ; 
that they were very wise and good men, and that a 
stranger shewed very little understanding or de- 
cency who interfered in the established customs of a 
country. ©” 


(u) See note K at the end, p. [xix.] 


xiV PREFACE, 


convert of the pope,” wisely answered, “ Madam, I 
had nothing better to offer to his Holiness.” 

Such are the general antipathies to improve- 
ment, Zhe Idols of the Tribee—The Idols of the 
Den, of which professional antipathies constitute 
one species, are modifications of the general antipa- 
thies operating, in any peculiar case, with peculiar 
force.—The objections of divines and of politicians, 
are minutely examined in the Advancement of 
Learning and in the Novum Organum; (6) and the 
tracts upon universal justice, and upon the improve- 
ment of the law, contain some desultory observations 
upon the objection of lawyers. (c) It is, perhaps, to 
be lamented, not only that the advancement of learn- 
ing does not commence with an exposition of general 
and particular objections to the progress of know- 
ledge, but that the treatise upon universal justice 
does not open with a consideration of the antipathy by 
lawyers, to alteration of the law, which has, in all 
times,(d) and in all places,(e) pervaded, and will, per- 
haps, for ever pervade, certain classes (/) of this no- 
ble profession, 

From the operation of these general and parti- 


(b) See vol. ii. p. 8, and in the Novum Organum, Aph. 79, 
&e. 

(c) See p.338, of this vol. and note A p. [i.] See also vol.ii. 
p. 295. 

(d) See note N at the end, p. [xx.] 

(e) See note N N at the end, p. [xx1.] 

(f) See note O at the end, p. [xxvi.] 


PREFACE. XV 


cular causes, an antipathy to alteration exists in 
every society, of which we were thus admo- 
nished centuries ago by the learned and _ pious 
Hooker. “If it be demanded by what means it 
should come to pass that so many thousands of men 
have been ignorant of principal moral duties, not 
imagining the breach of them to be sin. If it be de- 
manded why the idolater is not ashamed to speak 
unto that which hath no life; to call on ‘him that 
is weak for health: to pray for life unto him which 
is dead ? Be it remembered that—Lewd and wicked 
custom, beginning, perhaps, at the first, amongst 
few, afterwards spreading unto greater multitudes, 
and so eontinuing from time to time, may be of force 
even in plain things to smother the light of natural 
understanding, because men will not bend their wits 
to examine, whether things, wherewith they have 
been accustomed, be good or evil; and thus, by pro- 
cess of time, wicked custom prevails and is kept as a 
law. The authority of rulers, the ambition of crafts- 
men, and such like means thrusting forward the ig- 
norant and increasing their superstition.” 

The advantage of this antipathy to alteration is 
its preventing the hasty admission of error :—the 
evil is its retarding the progress of good. The re- 
sistance of error should be, but never is, the limit 
of its influence.(a) T'o the advice of the prophet, 
“State super vias antiquas et videte quenam sit via 


(a) See note I at the end, p. [xvi.] 


XVi PREFACE. 


recta et bona et ambulate in ea,” this antipathy ex- 
claims, “ upon the old ways I will stand: right or 
wrong I will stand in them.” Does philosophy 
propose any measure to meliorate the condition of 
mankind: the placing a light house on a rock in 
the ocean, or the establishment of an university ; the 
abolition of the lottery, or the abolition of the slave 
trade; the annihilation of torture, or the mitigation 
of sanguinary punishment, this labour of love is im- 
mediately resisted, and the evil prolonged for ages. 


“<< If providence 
Out of our evil seek to bring forth good, 
Our labour must be to pervert that end, 
And out of good still to find means of evil ;” 


Have we not seen, in our own time, the power 
of this antipathy to perpetuate established error, 
by preserving for centuries the tyranny of arbi- 
trary imprisonment for debt. - Christians were, 
near two thousand years ago, admonished of the 
duty of forgiveness; and philosophy, during this 
long interval, raised its voice amidst the prayers 
of our religion, crying out, “Man ought not to 
be judge in his own cause and assign the punish- 
nishment of his own pain :”—but wisdom crieth out 
in the streets, and no man regardeth her. It 
was not until after the struggle of centuries that re- 
ligion and philosophy triumphed over the senseless 
clamour of ignorance, by the abolition, in the first 
year of the reign of his present majesty, of this abo- 
mination to the land. 


PREFACE. XVli 


Such is the power of attachment to custom.— 
But resistance to reform is not the only excess of 
this antipathy. It is always disposed, according to 
the spirit of the times, to persecute the reformer. 
Who can forget the fate of Phocion; of Socrates ; of 
Galileo, grown old, a prisoner to the inquisition, 
or of Ridley and Latimer? In the present times, in 
this happy country, where the irascible passions are 
restrained by knowledge, and the public manners 
softened by civilization, these errors have ceased. 
The enquirer, who does not suffer worldly distinc- 
tions to have precedence in his thoughts, has nothing 
to fear but suspicion and reproach, upon which he 
calculates, and, to a certain extent, approves. In 
these reproaches it may, however, be seen that the 
spririt, although subdued, is not destroyed. But 
the time, if not arrived, seems fast approaching, 
when authority will recognize the doctrine of this 
great philosopher, “ that power to do good is the 
true and lawful end of aspiring; for good thoughts, 
though God accept them, yet towards men are little 
better than good dreams, except they be put in 
act; and that cannot be without power and place, 
as the vantage and commanding ground :” and when 
all society will unite with him in thinking that we 
ought not “ to tear and rend one another with con- 
tradictions: and, in a civil rage, to bear arms and 
wage war against ourselves: but rather that, a peace 


concluded we ought, with joint forces, to direct our 
VOL. V. c 


XVili PREFACE. 


strength against nature herself: and take her high 
towers, and dismantle her fortified holds, and thus 
enlarge the borders of man’s dominion, as -far as 
Almighty God of his goodness shall permit.” 


NOTES. 


NOTE A. 


‘ The house will allow me to substitute for my own imper- 
fect expressions the emphatic terms in which Jord Bacon has re- 
corded the suggestions of a mighty intellect. 

‘In addressing his sovereign, he says that his object is not 
to tax the laws, ‘ I speak,’ says he, only by way of perfecting 
them, which is easiest in the best things: for that which is far 
amiss hardly receiveth amendment, but that which hath already, 
to that more may be given. 

‘ Besides, what I shall propound, is not to the matter of 
the laws, but to the manner of their registry, expression, and 
tradition: so that it giveth them rather new light than any new 
nature. 

‘ He proceeds to state, that for the safety and convenience 
of the proposal which he makes, ‘it is good to consider and 
answer those objections or scruples which may arise or be made 
against this work. 

‘ Objection the first, ‘That it is a thing needless; ‘and 
that the law as it now is, is in a good estate comparable to any 
foreign law; and that it is not possible for the wit of man in 
respect of the frailty thereof, to provide against the uncertain- 
ties and evasions or omissions of law. 

‘ The following is the answer of lord Bacon: 

‘ For the comparison with foreign laws, it is in vain to speak 
of it, for men will never agree about it. Our lawyers will main- 

VOL. V. c 


[ii] NOTE A. 


tain for our municipal laws—civilians, scholars, travellers will 
be of the other opinion. 

‘ But, sir, I must interrupt my reference to lord Bacon by 
remarking that the lapse of years has supplied us with answer 
to the first part of this objection which lord Bacon had not to 
urge. Foreign nations have condensed and simplified their 
laws—and have disentitled us to vindicate the confusion or 
uncertainty of our own statutes. by the boast (weak and fruit- 
less as an argument, if it were well founded) that those statutes 
are less confused and less uncertain than the ordinances of 
other states. 

‘ * Certain itis,’ says lord Bacon, ‘ that our Jaws as they now 
stand, are subject to great uncertainties, and variety of opinion, 
delays and evasions.’ ‘ Mark,’ he observes, ‘ whether the 
doubts that arise are only in cases not in ordinary experience, 
or in cases which happen every day. If in the first only, im- 
pute it to the frailty of man’s fore-sight, that cannot reach by 
law to all cases; but if in the latter, be assured there is a fault 
in the law. 

‘ There is an inconvenience of penal laws obsolete and out 
of use; for that it brings a gangrene neglect, and habit of dis- 
obedience upon other wholesome laws that are fit to be con- 
tinued in practice and execution; so that our laws endure 
the torment of Mazentius. 

‘ ¢ The living die in the arms of the dead.’ 

‘ The second oljection foreseen by lord Bacon is this:— 
‘ That it is a great innovation, and innovations are dangerous 
beyond foresight. ; 

‘He replies, ‘ All purgings and medicines, either in the 
civil or natural body, are innovations, so as that argu- 
ment is a common-place against all noble reformations. But 
the truth is, that this work ought not to be termed or held for 
any innovation in the suspected sense.’ 

‘ Besides it is on the favourable part, it easeth—it presseth 
not—and lastly, it is rather a matter of order and explanation 
than of alteration. 


NOTE A. [iii] 


‘ Another objection stated by lord Bacon, and that which is 
perhaps most frequently urged at present, is this: 

‘ That it will turn the judges, counsellors of law, and stu- 
dents of law, to school again, and make them to seek what they 
shall hold and advise for law-—and it will impose a new charge 
upon all lawyers, to furnish themselves with new books of law. 

‘ The reply is—‘ For the former of these—touching the new 
labour, it is true it would follow, if the law, (the common law,) 
were new moulded into a text law, for then men must be new 
to begin, and that is one of the reasons for which I disavow that 
course. 

‘ But in the way that I now propound, the entire body and 
substance of law shall remain, only discharged of idle and un- 
profitable or hurtful matter, aud illustrated by order and other 
helps towards the better understanding of it and judgment 
thereupon.’ 

‘ For the latter—touching the new charge of books, it is not 
worthy the speaking of in a matter of so high importance—it 
might have been used of the new translation of the Bible and 
like works. 

‘ Lord Bacon adds this brief sentence pregnant with a truth 
too often disregarded—a truth of everlasting and universal ap- 
plication. ‘ Books should follow sciences, and not sciences 
books.’ 

‘ Having urged these reasons for the simplification of the 
statute law, he lays down the principles upon which it should 
be conducted. 

‘ For the reforming and recompiling of the statute law it con- 
sisteth of four parts. 

‘ The first, ‘ To discharge the books of those statutes, where 
the case by alteration of time is vanished; as Lombards, Jews, 
Gauls, half-pence, &c. Those may nevertheless remain in the 
libraries of antiquities, but no reprinting of.them; the like of 
statutes long since expired and clearly repealed. 

‘ The next is, to repeal all statutes which are sleeping and 
not of use, but yet snaring and in force; in some of these it 
will perhaps be requisite to substitute some more reasonable law, 


[vi] NOTE C. 


the ancients: for that age, though with respect to us it be an- 
cient and greater, yet with regard to the world, it was new and 
less. And as we justly expect a greater knowledge of things, 
and a riper judgment, from a man of years than from a youth, 
on account of the greater experience, and the greater variety 
and number of things seen, heard, and thought of, by the per- 
son in years; so might much greater matters be justly expected 
from the present age, (if it knew but its own strength, and 
would make trial and apply,) than from former times ; as this is 
the more advanced age of the world, and now enriched and 
furnished with infinite experiments and observations.” 

Sir Henry Wotton, in his answer to Bacon’s presentation of 
the Novum Organum, says, “ of your Novum Organum I shall 
speak more hereafter; but I have learnt thus much already by 
it, that we are extremely mistaken in the computation of anti- 
quity by searching it backwards; because, indeed, the first 
times were the youngest.” 

In Clarendon’s Essays, there is an Essay upon the Reve- 
rence due to Antiquity, in which he says, ‘“ If wisdom and un- 
derstanding be to be found with the ancient, and in length of 
days, that time is the oldest from which men appeal to the in- 
fancy of the world ; and this advances more the veneration that 
is always due to the grey hairs of the aged, who must be pre- 
sumed to know more than the young; who likewise shall have 
much to answer, if, when they come to be old, they do not 
know more, and judge better, than they could who were old be- 
fore them. And this is the best way to preserve the reverence 
that is due to age, by hoping and believing that the next age 
may know more and be better, than that in which we live; and 
not to rob that of the respect that will still be due to antiquity, 
by unreasonably imputing it to the time which we have out- 
lived.” 

And it seems, that the same sentiment extended to the 
throne, for in Clarendon’s Life, vol. iii. fo. 605, speaking of 
Charles II. he says. ‘‘ The first objection was the novelty, 
which, in cases of that nature, was very dangerous, &c.—The 


NOTE D. [vii] 


King had, in his nature, so little reverence or esteem for anti- 
quity, and did in truth so much contemn old orders, forms, 
and institutions, that the objections of novelty rather advanced 
than obstructed any proposition. He was a great lover of new 
inventions and thought them the effects of wit and spirit, and 
fit to controul the superstitious observation of the dictates of 
our ancestors. So that objection made little impression. 

So Jeremy Bentham, in his Fallacies, says: What in com- 
mon language is called old time, ought (with reference to any 
period at which the fallacy in question is employed) to be called 
young or early time. As between individual and individual 
living at the same time and in the same situation, he whois old 
possesses, as such, more experience than he who is young; as 
between generation and generation, the reverse of this is true, 
if, as in ordinary language, a preceding generation be, with 
reference to a succeeding generation, called old ;—the old or 
preceding generation could not have had so much experience as 
the succeeding. With respect to such of the materials or 
sources of wisdom which have come under the cognizance of 
their own senses, the two are on a par:---with respect to such 
of those materials and sources of wisdom as are derived from 
the reports of others, the later of the two possesses an indis- 
putable advantage. In giving the name of old or elder to 
the earlier generation of the two, the misrepresentation is not 
less gross, nor the folly of it less incontestible, than if the name 
of old man or old woman were given to the infant in its cradle. 
What then is the wisdom of the times called old? Is it the wis- 
dom of grey hairs? No.---It is the wisdom of the cradle.” 

And Lord Bacon, enjoying the prospect of the progress 
of learning, speaks beautifully to the same effect See vol. IT. 
p. 297. 

NOTE D. 

Hodges in his travels in India, says, ‘ While I was pursuing 
‘ my professional labours in Benares, I received information of 
‘a ceremony which was to take place on the banks of the river, 
‘ and which greatly excited my curiosity. I had often read and 
‘ repeatedly heard of that most horrid custom, amongst, per- 


[viii] NOTE D. 


‘ haps the most mild and gentle of the human race, the Hindoos; 
‘ the sacrifice of the wife on the death of the husband, and that 
‘ by means from which nature seems to shrink with the utmost 
‘ abhorrence, by burning. 

‘ Upon my repairing to the spot, on the banks of the river 
* where the ceremony was to take place, I found the body of the 
‘man on a bier; and covered with linen, already brought down 
‘and laid at the edge. of the river. At this time, about ten in 
‘ the morning, only a few people were assembled. After wait- 
‘ing a considerable time the wife appeared, attended by the 
‘ Bramins, and music, with some few relations, The proces- 
‘sion was slow and solemn; the widow moved with a steady 
‘and firm step; and apparently with a perfect composure of 
‘ countenance, approached close to the body of her husband, 
‘ where for some time they halted. She then addressed those 
‘ who were near her with composure, and without the least tre- 
‘ pidation of voice or change of countenance. She held in her 
‘left hand a cocoa nut, in which was a red colour mixed up, 
‘and dipping in it the fore finger of her right -hand, she marked 
‘ those near her, to whom she wished to shew the last act of at- 
‘tention. As at this time I stood close to her, she observed 
‘ me attentively, and with the colour marked me on the fore- 
‘head. She might be about twenty four or five years of age, 
‘atime of life when the bloom of beauty has mostly fled the 
‘ cheek in India; but still she preserved a sufficient share to 
‘ prove that she must have been handsome: her figure was 
‘small but elegantly turned; and the form of her hands and 
‘ arms was particularly beautiful. Her dress was a loose robe 
‘of white flowing drapery that extended from her head to 
‘the feet. The place of sacrifice was higher up on the bank 
‘ of the river, a hundred yards or more from the spot where we 
“now stood. The pile was composed of dried branches, of 
‘ leaves and rushes, witha door on one side, and arched and co- 
‘ vered on the top: by the side of the door stood a man with a 
‘lighted brand. From the time the woman appeared to the 
_‘ taking up of the body to convey it into the pile, might occupy 
‘a space of half an hour, which was employed in prayer with 


NOTE E, [ix] 


‘ the Bramins, in attentions to those who stood near her, and- 
‘conversation with her relations. When the body was taken 

“up she followed close up to it, attended by the chief Bramin; 

‘and when it was deposited in the pile, she bowed to all around 

‘her, and entered without speaking. The moment she entered, 

“the door was closed; the fire was put to the combustibles, 

‘ which instantly flamed, and immense quantities of dried wood 

‘and other materials were thrown upon it. This last part of 
‘the ceremony was accompanied with the shouts of the multi- 

“tude; who now became numerous, and the whole seemed a 

‘ mass of confused rejoicing. 

Now is there a christian?’ Is there a philosopher? Is there 
aman of education or any man in England, who would not 
wish to see this custom abolished? And why? Because we 
know it is an evil, and our desire to diminish evil is one of our 
sources of enjoyment: varying, as all our enjoyments vary 
with our sensibility. 

Of the sympathy between knowledge and goodness, Ba- 
con, thus speaks in the opening of Book V. of the Treatise, 
De Augmentis. ‘ The knowledge respecting the understand- 
ing of Man and that other respecting his Will, ‘ are, as it were 
‘ Twins by birth: For the purity of illumination, and the liberty 
‘ of will began together ; fell together: Nor is there in the univer- 
‘ sal nature of things so intimate a sympathy, as that of truth and 
‘ goodness.” Quo magis rubori fuerit viris doctis, si scientia sint 
‘ tanquam angeli alati, cupiditatibus. vero tanquam_ serpentes, 
‘ qui humi reptant: circumgerentes animas, instar speculi sane, 
‘sed menstruati.’ And in the first book he says, in general and 
‘in sum certain it is that “ veritas” and “ bonitas” differ but as 
‘the seal and the print: for truth. prints goodness: and they 
* be the clouds of error which descend in the storms of passions 
‘ and perturbations.’ 


NOTE E. 
It is a pleasure to diminish Evil. 
- Clarkson thus begins his immortal work on the Slave Trade : 
—“ I scarcely know any subject, the contemplation of which is 


[x] NOTE E. 


more pleasing than that of the correction or the removal of any 
of the acknowledged evils of life ;” and well may he so say, 
thinking of the infernal slave ship which he has destroyed, and 
of the slavery which, chiefly by his noble exertions, will ulti- 
mately be abolished. 

Lord Bacon says, “‘ The inclination to goodness is iraprint- 
ed deeply in the nature of man; insomuch, that if it issue not 
towards men, it will take unto other living creatures; as it is 
seen in the Turks, a cruel people, who, nevertheless, are kind to 
beasts, and give alms to dogs and birds.---The parts and signs 
of goodness are many. Ifa man be gracious and courteous to 
strangers, it shews he is a citizen of the world, and that his 
heart is no island cut off from other lands, but a continent that 
joins to them ; if he be compassionate towards the affliction of 
others, it shews that his heart is like the noble tree that is 
wounded itself when it gives the balm; if he easily pardons and 
remits offences, it shews that his mind is planted above injuries, 
so that he cannot be shot; if he be thankful for small benefits, 
it shews that he weighs mens’ minds, and not their trash; but, 
above all, if he have St. Paul’s perfection, that he would wish 
to be an anathema from Christ for the salvation of his breth- 
ren, it shews much of a divine nature, and a kind of conformity 
with Christ himself. This, of all virtues and dignities of the 
mind, is the greatest, being the character of the Deity; and 
without it man is a busy, mischievous, wretched thing, no bet- 
ter than a kind of vermin.” ; 

« And the Lord saw all the work that he had made, and 
behold it was very good.” 

Swift says, the King’s arms in Lilliput, were an angel lift- 
ing a beggar from the earth.” 

Howard says, “ A person of more ability, with my know- 
ledge of facts, would have written better; but the object of my 
ambition was not the fame of an author. Hearing the cry of 
the miserable, I devoted my time to their relief. In order to pro- 
cure it, I made it my business to collect materials, the authenti- 
city of which could not be disputed. For the warmth of some 
expressions where my subject obliges me to complain, and for 


NOTE F. [xi] 


my eagerness to remove the several grievances, my apology 
must be drawn from the deep distress of the sufferers, and the 
impression the view of it made upon me---an impression too 
deep to be effaced by any length of time. What I have propo- 
sed throughout my work is liable, I am sensible, to some objec- 
tions ; and these will, doubtless, be heightened by the cavils of 
those whose interest it is to prevent the reformation of abuses 
on which their ease or emolument may depend. Yet 1 hope not 
to be entirely deserted in the conflict: and if this publication 
should be the means of exciting the attention of my country- 
men to this important national concern---of alleviating the dis- 
tress of poor debtors and other prisoners, of procuring for them 
cleanly and wholesome abodes, and exterminating the goal- 
fever, which has so often spread abroad its dreadful contagion ; 
of abolishing, or at least reducing, the oppressive fees of clerks 
of assize, and of the peace, of preventing the sale of liquors in 
prisons, of checking the impositions of gaolers and the extor- 
tions of bailiffs, of introducing a habit of industry into our 
bridewells, and restraining the shocking debauchery and immo- 
rality which prevail in our gaols and other prisons---if any of 
these beneficial consequences shall accrue, the writer will be 
happy in the pleasing reflection, that he has not lived without 
doing some good to his fellow-creatures, and will think himself 
abundantly repaid for all the pains he has taken, the time he has 
spent, and the hazards he has encountered.” 


NOTE F. 


The Spirit of Improvement has a tendency to act without 
sufficient knowledge. 


There appear to be two classes of persons peculiarly sub- 
ject to this error. Ist. young men of imagination who see the re- 
straints of government without knowing its necessity : who see 
“ The manifold defects whereunto every kind of regiment is 
subject, but the secret lets and difficulties, which in public 
proceedings are innumerable and inevitable, they have not 
ordinarily the judgment to consider.” And 2ndly, men in con- 


[xii] NOTE F. 


templation who live, tanquam in Republica Platonis : non tan- 
quam in fece Romuli. 

From the errors of youth nothing is to be dreaded. Imme- 
diate evil is prevented by the intelligence of the community 
‘ standing on the old ways :’ ultimate evil is prevented by youth 
discovering its errors: for whatever may be its imaginations 
of human perfection, it soon learns that. ‘In Orpheus’s theatre, 
all beasts and birds assembled; and forgetting their several 
appetites, some of prey, some of game, some of quarrel, stood 
all sociably together listening to the airs and accords of the 
harp; the sound whereof no sooner ceased, or was drowned 
by some louder noise, but every beast returned to his own 
nature: wherein is aptly described the nature and condition 
of men, who are full of savage and unreclaimed desires of pro- 
fit, of lust, of revenge; which as long as they give ear to pre- 
cepts, to laws, to religion, sweetly touched with eloquence and 
persuasion of books, of sermons, of harangues, so long is society 
and peace maintained; but if these instruments be silent, or 
sedition and tumult make them not audible, all things dissolve 
into anarchy and confusion.”(z) 

With respect to the probable errors of contemplative life, 
Lord Bacon is constant in his admonitions, that Error will al- 
ways exist, unless there is a union of contemplation and action. 
In considering the objections made by politicians to the ad- 
vancement of learning, he says, ‘‘ Because the times they read 
of are commonly better than the times they live in, and the 
duties taught better than the duties practised, they contend 
sometimes too far to bring things to perfection, and to re- 
duce the corruption of manners to honesty of precepts, or ex- 
amples of too great height. And yet hereof they have caveats 
enough in their own walks. For Solon, when he was asked 
whether he had given his citizens the best laws, answered 
wisely, ‘ Yea, of such as they would receive;’ and Cicero 
noteth this error directly in Cato the second, when he writes 
to his friend Atticus; ‘ Cato optime sentit, sed nocet inter- 


(x) See vol. 2. page 63. 


NOTE F. [xiii] 


dum reipublice ; loquitur enim tanquam in republica Platonis, 
non tanquam in feece Romuli.”(a) 

And in considering the peccant humours of learning, he 
says, “ This will indeed dignify and exalt knowledge, if contem- 
plation and action may be more nearly and straitly conjoined 
and united together than they have been; a conjunction like 
unto that of the two highest planets, Saturn, the planet of rest 
and contemplatioa, and Jupiter, the planet of civil society and 
action.” (b) And in his enquiry into action and contemplation, 
after objecting to Aristotle’s preference of a contemplative life, 
he adds, ‘ Pythagoras being asked what he was, answered, 
‘ That if Hiero were ever at the Olympian games, he knew the 
manner, that some came to try their fortune for the prizes, and 
some came as merchants to utter their commodities, and 
some caine to make good cheer and meet their friends, and 
some came to look on; and that he was one of them that 
came to look on.’ But men must know, that in this 
theatre of man’s life, it is reserved only for God and angels to 
be lookers on, neither could the like question ever have been 
received in the church (notwithstanding their ‘ Pretiosa in 
oculis Domini mors sanctorum ejus, by which place they 
would exalt their civil death and regular professions), but 
upon this defence, that the monastical life is not simply con- 
templative : for contemplation which should be finished in itself, 
without casting beams upon society, assuredly Divinity know- 
eth it not.” (c) 

And in the same enquiry, he says, ‘‘ we are much beholden 
to Machiavel and others, that write what men do, and not 
what they ought todo, For it is not possible to join serpen- 
tine wisdom with columbine innocency, except men know 
exactly all the conditions of the serpent; his baseness and 
going upon his belly, his volubility and lubricity, his envy and 
sting, and the rest; that is, all forms and natures of evil: for 
without this, virtue lieth open and unfenced.’(d) 

So too in his Tract on Universal Justice, he says, “ all they 


(a) See vol. 2, page 14. (b) See vol. 2, page 52. 
(c) See vol. 2, «d 224. (d) See vol. 2, p. 237. 


[xiv] NOTE G. 


which have written of Laws have handled that argument either 
as philosophers or as lawyers, and none as statesmen. As 
for philosophers they propound many things goodly for dis- 
course, but remote from use. For the lawyers, they are man- 
cipated and wholly devoted every one to the laws of the state 
where they live, or to the placits of the emperial or pontifical 
laws, and cannot use impartial and sincere judgment; but 
discourse as out of gyves and fetters. Certainly this kind of 
knowledge pertains properly to statesmen, who can best dis- 
cern what humane society is capable of.” (e) 

But, notwithstanding the advantages of this union, ‘ there 
are,” says Dr. Chalmers, “ perhaps no two sets of human be- 
ings, who comprehend less the movements, and enter less into 
the cares and concerns of each other, than the wide and busy 
public on the one hand; and, on the other, those men of close 
and studious retirement, whom the world never hears of save 
when, from their thoughtful solitude, there issues forth some 
splendid discovery to set the world on a gaze of admira- 
tion.” 

See Tucker’s Light of Nature, vol. 2, on Moral Policy, where 
there are many valuable observations upon the relative duties 
of men in action and contemplation. 


NOTE G. 
The spirit of reform has a tendency to excess. 


Tucker in his Light of Nature says, ‘‘ Thus much may suffice 
for the politicians, and more it might not have become me to 
urge upon men of their superior talents: but with regard to 
the philosophers, under which class I would beg leave upon 
the present occasion to comprehend all who apply any serious 
attention to study the measures of right and wrong, I may be’ 
more free and particular, as reckoning them to lie nearer my 
own level. And I cannot help remarking that their ardour 
for virtue sometimes outruns their discretion, and like other 
strong desires, defeats its own purposes through too great 


(e) See vol. 2, p. 295. 


NOTE H. [xv] 


eagerness in pursuing them, It is possible with the best in- 
tentions in the world to bring much mischief both upon our- 
selves and others, by following headlong a blind zeal without 
knowledge and without examining the expedience of our aims 
or fitness of the measures taken to effect them. The province 
of zeal lies in seasons of action, and its office is to carry us 
through labour, pain, difficulty, danger, to bear down the 
force of any passion that shall obstruct our passage; but it 
does not become us to act without considering why nor where- 
fore, and in seasons of deliberation the mind cannot be too 
calm and unprejudiced, nor the mental eye too disengaged 
from any single point, or too much at liberty to look upon 
every object around and discern them in their proper colours.” 

Again, 

‘* Now none of your appetites, not even the best of them, can 
be left entirely to themselves without extreme hazard: our very 
hunger and thirst after righteousness, like that of meats and 
drinks, if eagerly and fondly indulged, may rise to extrava- 
gant cravings, or hanker after unwholsesome food.” 

Dr. Johnson, says, 

‘«« That no change in religion has been made with that calm- 
ness, caution and moderation, which religion itself requires, 
and which common prudence shews tobe necessary inthe trans- 
action of any important office, every nation of the earth can 
sufficiently attest. Rage has been called in to the assistance 
of zeal, and destruction joined with reformation. Resolved 
not to stop short, men have generally gone too far, and in 
lopping off superfluities, have wounded essentials,” 


NOTE H. 
All change is attended with Evil. 


Bacon, says, ‘ As the birth of living creatures at first are 
ill shapen, so are all innovations which are the birth of time.” 
—Again, 

‘It is true, that what is settled by custom, though it be not 
good, yet at least it is fit; and those things which have long 
gone together, are, as it were confederate within themselves ; 


[xvi] NOTE I, 


whereas new things piece not so well; but, though they help by 
their utility yet they trouble by their inconformity: besides, 
they are like strangers, more admired, and less favoured.” Again, 

“ For otherwise, whatsoever is new is unlooked for; 
and ever it mends some, and pains other, and he that is 
holpen takes it for a fortune, and thanks the time; and he that 
is hurt for a wrong, imputeth it to the author,” 

Caution teaches that changes ought not to be adventured 
upon, without a comprehensive discernment of the conse- 
quences,—without a knowledge as well of the remote tendency 
as of the immediate design. The courage of a statesman 
should resemble that of a commander, who, however regard- 
less of personal danger, never forgets that, with his own, he 
commits the lives and fortunes of a multitude; and who dees 
not consider it as any proof of zeal or valour, to stake the 
safety of other men upon the success of a perilous or desperate 
enterprize. 


NOTE I. 


There is surely a great difference between arts and civil 
affairs: for the danger is not the same from new light, as from 
new commotions. In civil affairs, it is true a change even for 
the better is suspected, through fear of disturbance: because 
these affairs depend upon authority, consent, reputation and 
opinion, and not upon demonstration: but arts and sciences 
should be like mines, resounding on all sides with new works: 
and thus it ought to be: but the case, in fact, is otherwise. 

See Traités De Legislation De Jérémie Bentham, par et 
Dumont, vol. 2, page 134. Chapitre des egards dus aux institu- 
tions existantes. 

Bacon in enumerating the Errors of Learning, says, 

« And as for the overmuch credit that hath been given unto 
authors in sciences, in making them dictators, that their words 
should stand, and not consuls, to give advice; the damage is 
infinite that sciences have received thereby, as the principal 
cause that hath kept them low, at a stay, without growth or 
advancement. For hence it hath come, that in arts mechanical 
the first deviser comes shortest, and time addeth and per- 


NOTE I. [xvii] 


fecteth; but in sciences the first author goeth farthest, and 
time leeseth and corrupteth, &c. And therefore, although the 
position be good, ‘ Oportet discentem credere,’ yet it must be 
coupled with this, ‘ Oportet edoctum judicare ;’ for disciples do 
owe unto masters only a temporary belief, and a suspension of 
their own judgment until they be fully instructed, and not an 
absolute resignation, or perpetual captivity: and therefore, to 
conclude this point, | wiil say no more, but so let great authors 
have their due, as time, which is the author of authors, be not 
deprived of his due, which is, further and further to discover 
truth.’ 

So too Hooker says, For men to be tied and led by autho- 
rity, as it were, with a kind of captivity of judgment, and 
though there be reason to the contrary, not to listen unto it, 
but to follow like beasts the first in the herd, they know not nor 
care not whither, this were brutish. 

Again, that authority of men should prevail with men either 
against or above reason, is no part of our belief. Companies 
of learned men, be they never so great and reverend, are ,to 
yield unto reason; the weight whereof is no whit prejudiced by 
the simplicity of his person which doth allege it, but being 
found to be sound and good, the bare opinion of men to the 
contrary, must of necessity stoop and give place. 

Lord Clarendon, in his Essay on the Respect due to Anti- 
quity, says, 

‘“« There is not, it may be, a greater obstruction in the in- 
vestigation of truth, or the improvement of knowledge, than the 
too frequent appeal, and the too supine resignation of our un- 
derstanding to antiquity; but what, then, shall antiquity be 
despised by us, and the great learning and piety of the first 
lights, the reverend fathers of the church, be undervalued, and 
their judgment looked upon without reverence? God forbid. 
We resort to antiquity as the best evidence of what. was then 
done, and think we have the same liberty in the perusal of the 
monuments thereof, those conduits which convey the informa- 
tion of what was then done to us, as in other history. And 

VOL Vv. d 


[xviii] NOTE L 


so we look upon the fathers, and what they said and what they 
did, with full reverence, though not with full resignation.” 

Blackstone, in his Commentaries says, ‘‘ And it hath been 
an ancient observation in the laws of England, that whenever 
a standing role of law, of which the reason perhaps could not 
be remembered or discerned, hath been wantonly broken in 
upon by statutes or new resolutions, the wisdom of the rule hath 
in the end appeared from the inconveniencies that have fol- 
lowed the innovation. The doctrine of the law then is this: 
that precedenis and rules must be followed, unless flatly ab- 
surd or unjust: for though their reason be not obvious at 
first view, yet we owe such a deference to former times, as 
not to suppose that they acted wholly without consideration.” 

The following extract is, I believe, from a werk entitled 
« Essays on the Formation of Opinion ;” ** Let him that is 
sceptical as to the vast importance of trath, cast his eye 
down the long catalogue of crimes and cruelties which 
stain the annals of the past, and examine the meliora- 
tion which has taken place in the practices of the world, 
and he will not again inquire into the nature of those advan+ 
tages which follow the destruction of error. All the liberality 
of thinking which now prevails, the spirit of resistance to 
tyranny, the contempt of priesteraft, the comparative rarity and 
mildness of religious persecution, the mitigation of national 
prejudices, the disappearance of’a number of mischievous su- 
perstitions, the abolition of superfluous, absurd, and sangui- 
nary laws, are so many exemplifications of the benefits result- 
ing from the progress of moral and_ political truth. They are 
triumphs, all of them, over established error, and imply, respec~ 
tively, either the removal of a source of misery or a positive 
addition to the sources of happiness. It is impossible for a 
moment to imagine, that if moral and political science had 
been thoroughly understood, the barbarities here noticed would 
have existed. A pernicious custom or an absurd law can never 
long prevail amidst a complete end utiversal appreciation of 
its character.” 


NOTE L. [xix] 


NOTE K. 


We are told, in a work upon the alteration of the penal law 
of America, that “ the worthy William Bradford, differed with 
his brethren on the bench, who denied their consent from none 
but the purest and most patriotic motives; such as their tried 
knowledge of crimes and criminals had prompted them con- 
scientiously to respect. On the first appearance of the favour- 
able symptoms effected in the government and conduct of the 
prisoners, they coincided, and afterwards contributed much to 
its maintenance.” The same opposition was expressed by Pas- 
toret, one of the French judges, in a publication upon the reform 
of the penal law of France, who says: “‘ Des magistrats méme 
je ne me dissimule point, sont opposés aux réformes desirées par 
la nation entiere. Nourris dans une connoissancé intime de la 
jurisprudence pénale, ayant pour elle l’attachment si commun 
pour des idées anciennes, iis y sont encores attachés par un sen- 
timent plus noble. Leur vertu a souvent adouci la sévérité de 
la loi, at elle leur rend cheres des maximes qu’ils rendent meil- 
leures, en Jeur communiquant I’impression d’une ame tendre et 
virtueuse. Ce n’est pas eux qu’on doit craindre ils finissent 
par étre justes.” 


‘NOTE L. 


“ One of the ends of civil government,” says Paley, ‘‘ is its 
own preservation; and the best form of government would be 
defective, if it did not provide for its own permanency: yet, in 
truth, no provisions are absolutely sufficient if they can be 
changed for the better: many things, therefore, in the English, 
as in every constitution, are to be vindicated and accounted for 
solely from their tendency to maintain the government in its 
present state, and the several parts of it in possession of the 
powers which the constitution has assigned to them; and be- 
cause I would wish it to be remarked that such a consideration 
is always subordinate to another---the value and usefulness of 
the constitution itself.” 


[xx] NOTE N. 


NOTE M. 


‘“« The light of the understanding,” says Bacon, ‘ is not a 
dry and pure light, but drenched in the will and affections, and 
the intellect forms the sciences accordingly. What men desire 
should be true they are most inclined to believe, and thus the 
affections tinge and infect the understanding numberless ways, 
and sometimes imperceptibly.” 


NOTE. N. 


An aversion to ulter the law has in all times pervaded certain classes 
of this profession. 

To the doctrines of Christianity the lawyers were the most 
violent opponents. ‘ They watched him, even lest he should 
heal on the Sabbath, that they might accuse him.’ It was a 
certain lawyer who, professing ignorance of what our Saviour 
meant by the word neighbour, stood up and tempted Christ, 
saying, ‘ What shall I do to inherit eternal life? which our 
Saviour calmly explained by the beautiful story of the Good 
Samaritan: and having explained it, quitted the lawyer, 
saying, ‘Go thou and do likewise.’ And we know also what 
Paul, brought up at the foot of Gamaliel, says of himself: 
‘I verily thought with myself that I ought to do many things 
contrary to the name of Jesus of Nazareth; which things 
I also did in Jerusalem: and many of the saints did I 
shut up in prison, having received authority from the chief 
priests: and when they were put to death, I gave my voice 
against them.’ He did so, and he did more: he attended at 
the place of execution, and kept, in testimony of his consent 
to these barbarities, the clothes of the executioners. We find 
him, in the same tone of repentance and reproach, thus idict- 
ing himself, and pleading guilty to the charge: ‘ When the 
blood of the martyr Stephen was shed, I also was standing by, 
and consenting unto his death, and kept the raiment of them 
who slew him,’ 

«In the year 1616, Sir Thomas More describes the lawyer 


NOTE NN. [xxi] 


as objecting to the mitigation of the punishment of death, be- 
cause it would endanger the whole nation. 

‘I was then much obliged to that Reverend Prelate, 
John Morton, archbishop of Canterbury, cardinal and chan- 
cellor of England; he was eminently skilled in the law, 
had a vast understanding, and a prodigious memory. .One 
day when I was dining with him, there happened to be 
at table one of the English lawyers, who took occasion 
to run out in a high commendation of the severe exe- 
cution of justice upon thieves, who, he said, were then 
hanged so fast, that there were sometimes twenty on one gib- 
bet; and upon that he said, he could not wonder enough how 
it came to pass, that since so few escaped, there were yet so 
many thieves left, who were still robbing in all places. Upon 
this, I who took the boldness to speak freely before the cardi- 
nal, said, there was no reason to wonder at the matter since 
this way of punishing thieves, was neither just nor reasonable. 
When I had stated all this, I added, that I did not see why such 
a method ought not be followed with more advantage, than could 
e’er be expected from that severe justice which the counsellor 
magnified so much, To this he answered, that it could never 
take place in England, without endangering the whole nation.’ 
And in the year 1813, the very same objection was made in 
the House of Commons in England, on a motion to abolish that 
part of the punishment for high treason: the Attorney-General 
said it would endanger the constitution.— What, said Mr. Pon- 
sonby, will the removal of the necessity of cutting out the bowels 
of an offender when he is alive endanger the constitution ? 


NOTE NN. 
An aversion to aller the law has in all places pervaded certain 
classes of this noble profession. 


The truth of this prediction of the attack ment of professional 
men to their respective sciences, may be found in the various 
contests between the civilians and common lawyers; where we 
see scarcely any thing but the same eulogia upon the respective 
systems in which they were respectively engaged. In one of 
these works, entitled, ‘‘ The Law of Laws, or the Excellency of 


[xxii] NOTE NN. 


the Civil Law above all Human Laws whatsoever, showing of 
how great use and necessity the Civil Law is to this Nation ;” 
the author, after decrying the common law and every law except 
the civil law, of which he says, ‘‘ There is no profession or 
science of law but this,” thus speaks of its clemency: 

‘“¢ Neither dues it derogate from the clemency of the civil 
law, that it seems to deal so sharply with those as to allow 
such persons to be set upon the rack, thereby to manifest their 
innocence by an obstinate denial, or to discover their guilt by a 
plain confession. For, by the Roman law, before death could 
be inflicted, there were to be two witnesses. The case, there- 
fore, thus standing, that the wickedness of men was grown luxu- 
riant, and abounding, it was but necessary for the public peace, 
and the safety of innocent and quiet men, to make them by a 
‘vigorous course of trial either fear to offend, or be instrumental 
to condemn themselves, So that to bring men to the rack in 
such cases for trials’ sake, is not to be censured for cruelty ; 
“* Non ex seevitia, sed ex bonitate talia faciunt homines;” Such 
things are done by men, not out of cruelty but goodness. And 
though there have been some, as Ludovicus Vives and Sir John 
Fortescue in his praises of the laws of England, who have 
with very much acrimony defended the contrary, yet I must 
say to them, ‘ Away with those apologies, that, by assisting 
persons that are accused, and pleading on the behalf of wicked 
men, are an occasion for wickedness to spring up and fructifie; 
for surely it must needs grow most, and wax most vigorous 
there, where it is most gently dealt withal.’ But this great but 
most wholesome severity of the Romans was tempered with a 
very great allay of tenderness and care towards the accused. 
For the Jaw, notwithstanding, gave so little credit to any confes- 
sion made under such bitter sufferings, because it might be ex- 
torted by force, and out of a hope to be rid of the present pain, 
rather than that they were the words of truth, that it would 
never condemn, upon any such confession, except the party ac- 
cused, being redeemed from his pain, and in his full liberty, did 
again confess the very same thing. These were the cautions 
which the Roman state did prescribe to be used in this sharp, 
but, as their policy stood, (who did not love upon a slender proof 


NOTE NN. [xxiii] 


to take away the lives of their people) very necessary course or 
trial by torture.” See ante note A, p. 1. 

In Barrow’s Travels in Africa, speaking of the Cape of Good 
Hope, he says:—‘ Few die by the hands of justice. In the last 
eight years 110 have been sentenced to death; 38 of whom 
were publicly executed, and those were chiefly slaves :—the rest 
were condemned to labour during life at the public works. The 
confession of a crime, where strong and concurring testimony 
could not be produced, was sometimes extorted by the torture ; 
and breaking on the wheel was a capital punishment. These 
were said to be seldom put in practice; yet at the time they 
were abolished by order of his majesty, the court of justice 
urged the necessity of their continuance, as proper engines of 
terror for preventing the commission of capital crimes, which 
they thought simple strangling with a cord would be insufficient 
to effect. Contrary, however, to the opinion of the court of jus- 
tice, there have been fewer executions since the abolition of the 
rack and torture than had taken place in an equal period for 
many years before; so much so, indeed, that one of the public 
executioners made an application for a pension in leu of the 
emoluments he used to receive for the breaking of legs and 
arms.’ 

‘ Thanks to the Almighty, the nature of these abominations 
are, in this happy country, almost unknown: they are thus de- 
scribed by Mercier in the “ Tableau de Paris.””’ 

What boding voice is that, which, with its harsh clamour fills 
the streets and the suburbs, forces its way to the very tops of the 
houses, and announces, that a human being, in the full vigor of 
youth, is going to be massacred in cold blood, by another hu- 
man being, in the name of society? It is that of one hurrying 
along, and in discordant tones crying for sale the sentence still 
wet from the press. Purchasers gather round him, anxious to 
learn the name and crime of the delinquent, both of which, how- 
ever, are quickly forgotten. A sudden and unexpected convic- 
tion has appalled the public mind. The populace hasten froan 
their trades and their shops, and throng to the scaffold, to ob- 
serve how the sufferer will go through the great scene of dying 
in public, in the midst of torments. 


[xxiv] NOTE NN. 


The philosopher in his quiet retreat, shudders, as he hears 
the sentence cried, and sitting down again to his desk, with a 
heaving heart, and melting eye, discusses the subject of penal 
laws, and the necessity of capital punishments— inquiring at the 
same time, whether government or laws are themselves totally 
free, under this head, from all grounds of self-reproach; and 
while he, in his solitary apartment, is thus pleading the cause of 
humanity, and anticipating in imagination, the prize of Berne, 
the executioner is wielding his iron bar, crushes his wretched 
victim, with eleven successive blows, doubles him upon a wheel, 
not (as ordained in the sentence) with his face turned towards 
heaven, but horribly hanging downward: his shattered bones 
pierce through the flesh; his hair, stiffened by anguish, drops 
bloody sweat: throughout his protracted agony, the poor suf- 
ferer alternately begs for water, and death. The crowd, with 
their eyes fixed on the dial-plate of the Hotel-de-Ville, count 
the strokes of the clock, shudder in dismay at the dreadful 
spectacle, and are silent. 

This is the punishment of which the learned civilian said, ‘non 
ex sevitia, sed ex bonitate talia faciunt homines.” 

The very same reasoning was, inthe year 1811, adopted in 
the English House of Commons for preventing the abolition 
of the punishment of death for stealing from bleaching 
grounds, 

In opposition to this motion of Sir Samuel Romiliy’s, the 
opinion of the Recorder and Common Serjeant were thus cited 
by Mr. Frankland, to show that injurious effects bad resulted 
from abolishing the punishment of death for stealing a pocket 
handkerchief. 

‘ Upon the causes and effects which have resulted from this 
alteration, I beg to call the attention to the opinions which have 
been given to the magistrates in this great city to whom the 
administration of criminal law is chiefly confided’ 


Questions proposed to the Recorder and to the Common Serjeant of 
the City of London, together with their answers. 


Question 1, What has been the effect of the act of parlia- 
ment which took away capital punishments from privately steal- 


NOTE NN, [xxv] 


ing from the person ?— Answer. The Recorder. The effect of 
the act of last sessions, in my opinion, has been to increase the 
number of offenders, and consequently the number of convic- 
tions. The Common Serjeant. I have not observed any bene- 
ficial effect as yet, resulting to the public from the repeal of the 
8 Eliz..c. 4. which took away the benefit of clergy from the 
offence of privately stealing from the person. 

Question I]. Has it been found by experience that the num- 
ber of pickpockets has increased since or diminished ?---Answer. 
The Common Serjeant. The information which I have collected 
in the course of my official duty, has satisfied my mind, that the 
offence of larceny from the person has very much increased 
since the repeal of the statute above-mentioned, and that the 
offenders of that description have become more numerous, more 
united in gangs, and that they carry on their depredations more 
systematically, and with greater boldness. 

Question III. Is it advisable or safe to take off the capital 
punishment from shop lifting, stealing from ships, &c. in canals 
and navigable rivers, &c. and from a dwelling-house, without 
breaking, and without being a burglary?---Answer. The Re- 
corder. I certainly do not think it advisable to take off the 
capital punishment in the three cases alluded to, viz. steal- 
ing to the amount of 40s. in a dwelling house; the stealing 
goods to the same amount on a navigable river or canal, and the 
stealing goods of the value of 5s. privately in a shop. But whe- 
ther any and what alteration should be made as to the amount 
of the value of the goods stolen, might deserve some consi- 
deration. The Common Serjeant. I am most fully convinced 
that the repeal of the 11 and 10 Will. III. and of 23 and 24 
George IJ. c. 45. would be very unadvisable and very unsafe. 
And, in the present depraved state of the domestic and other 
servants in the metropolis, I cannot possibly conceive any mea- 
sure, more big with mischief to every private housekeeper, and 
to every tradesman, than the lessening the severity of the 12 
Ann, stat. 1. c. 7. 


[xxvi] NOTE 0. 


NOTE O, 


‘ Although the lawyer in Utopia resisted improvement, yet 
evenin these early times we find him opposed by the learned 
Spelman; by Sir Edward Coke, Chief Justice; and by Sir 
Thomas More, Lord Bacon, and Lord Clarendon, Chancellors 
of England; and in after-times many of the most valuable im- 
provements of this science are to be ascribed to the knowledge 
and disinterested exertions of the bar and of the bench; if there 
are some who are allured only by the promising and pleasing 
thoughts of litigious terms, fat contentions and flowing fees; 
whose horizon is bounded; whose thoughts are limited to the 
improvement of their fortunes or the gratification of their ambi- 
tion; the great body of this enlightened and liberal profession, 
grounding their purposes on the heavenly contemplation of jus- 
tice and equity, are not more ready to resist alteration than to 
encourage improvement. If there are some, who, in pursuit 
of an object which they imagine to be ‘ of the Lord from hea- 
ven,” are not very scrupulous as to the road over which they 
must pass to attain it; the profession abounds with men who 
know the majesty of honest dealing; whose plans are not sub» 
servient to considerations of reward, estate or title, although 
they may follow in the train of their duty; who, notwithstand- 
ing the injury to their worldly pursuits from the salutary preju- 
dices against all attempts to correct errors, and more espe- 
cially such errors as are sanctioned by the long practice ofa 
liberal profession; and notwithstanding the advantages which 
will be taken of such prejudices by ignorance or artifice, will say 
with Sir Samuel Romilly, ‘* It isa common, and may be a conve- 
nient mode of proceeding, to prevent the progress of improvement, 
by endeavouring to excite the odium with whichall attempts to 
reform are attended. Upon such expedients it is scarcely ne- 
cessary for me to say, that I have calculated. If J had con- 
sulted only my own immediate interests, my time might have 
been more profitably employed in the profession in which I am 
engaged. If Ihad listened to the dictates of prudence, if I had 
been alarmed by such prejudices, I could easily have disco- 


NOTE O. [xxvii] 


vered that the hope to amend law is not the disposition most 
favourable for preferment. I am not unacquainted with the 
best road to Attorney~Generalships and Chancellorships: but 
im that path which my sense of duty dictates to be right, I shall 
proceed; and from this no misunderstanding, no misrepresen- 
tation shall deter me.”’’ 

So too, Middleston beautifully says, ‘ 1 was never trained to 
pace inthe trammels of the church, nor tempted by the sweets 
ofits preferment, to sacrifice the philosophic freedom ofa stu- 
dious, to the servile restraints of an ambitious life: and from 
this very circumstance, as often as I reflect upon it, I feel that 
comfort in my own breast, which no external honours can 
bestow. I persuade myself that the life and faculties of man, 
at the best but short and limited, cannot be employed more ra- 
tionally or laudably than in the search of knowledge: and espe- 
pecially of that sort which relates to our duty, and conduces to 
our happiness. In these inquiries, therefore, wherever I per- 
ceive any glimmering of truth before me, I readily pursue and 
endeavour to trace it to its source; without any reserve or cau- 
tion of pushing the discovery too far, or opening too great a 
elare of ittothe public. I look upon the discovery of any thing 
that is true, as a valuable acquisition to society: which cannot 
possibly hurt, or obstruct the good effect of any other truth 
whatsoever: for they all partake of one common essence, and 
necessarily coincide with each other : and like the drops of rain, 
which fall separately into the river, mix themselves at once with 
the stream, and strengthen the general current.’ 

‘ The same sentiment is expressed by William Wordsworth, 
in his impressive enquiry on the Convention of Cintra; he says, 
** I mean that fixed and habitual principle, which implies the 
absence of all selfish anticipations, whether of hope or fear, 
and the inward disavowal of any tribunal higher and more 
dreaded than the mind’s own judgment upon its own act. He 
in whom talents, genius and principle are united, will have a 
firm mind, in whatever embarrassment he may be placed; will 
look steadily at the most undefined shapes of difficulty and 
danger, of possible mistake or mischance; nor will they appear 


[xxviii] NOTE 0. 


to him more formidable than they really are, for his attention 
is not distracted—he has but one business, and that is with the 
object beforehim. Neither in general conduct nor in particular 
emergencies are his plans subservient to cousiderations of re- 
wards, estate, or title: these are not to have precedence in his 
thoughts, to govern his actions, but to follow in the train of 
his duty. Such men, in ancient times, were Phocion, Epa- 
minondas, and Philopceemon; and such a man was Sir Philip 
Sidney, of whom it has been said, that he first taught this coun- 
try.the majesty of honest dealing.’ 

‘The same sentiment is expressed by Lord Bacon, who says, 
‘* learning endueth men’s minds with a true sense of the frailty 
of their persons, the casualty of their fortunes, and the dignity 
of their soul and vocation; so that it is impossible for them to 
esteem that any greatness of their own fortune can be a true 
orworthy end of their being and ordainment; and therefore 
are desirous to give their account to God, and so likewise to 
their masters under God, (as kings and the states that they 
serve) in these words; ‘‘ Ecce tibi lucrefeci,’ and not ‘* Ecce 
mihi lucrefeci:” whereas the corrupter sort of mere politicians, 
that have not their thoughts established by learning in the love 
and apprehension of duty, nor ever look abroad into universality, 
do refer all things to themselves, and thrust themselves into the 
centre of the world, as if all lines should meetin them and their 
fortunes ; never caring, in all tempests, what becomes of the 
ship of state, so they may save themselves in the cock-boat of 
their own fortune, whereas men that feel the weight of duty, 
and know the limits of self-love, use to make good their places’ 
duties, though with peril.’ 

And Bishop Sprat, in his History of the Royal Saints, 
says, 

‘ This the legal ratification which the Royal Society has re- 
ceived. And in this place I am to render their public thanks 
to the right honourable the earl of Clarendon, lord chancellor 
of England, to Sir Jeffery Palmer, attorney general, and to Sir 
Heneagh Finch, solicitor general; who by their cheerful con- 
currence, and free promotion of this confirmation, have wiped 


NOTE O. [xxix] 


away the aspersion, that has scandalously cast on the profes- 
sion of the law, that it is an enemy to learning and the civil 
arts. To shew the falsehood of this reproach, I might instance 
in many judges and counsellors of all ages, who have been the 
ornaments of the sciences, as well as of the bar, and courts of 
justice. But it is enough to declare, that my lord Bacon was 
a lawyer, and that these eminent officers of the law have com- 
pleted this foundation of the Royal Society, which was a work 
well becoming the largeness of his wit to devise, and the great- 
ness of their prudence to establish.’ 


A BRIEF DISCOURSE 
OF 


THE HAPPY. UNION 


OF THE KINGDOMS OF 


ENGLAND AND SCOTLAND. 


Dedicated in private to his Majesty.* 


I po not find it strange, excellent king, that when 
Heraclitus, he that was surnamed the obscure, had 
set forth a certain book which is not now extant, 
many men took it for a discourse of nature, and many 
others took it for a treatise of policy. For there isa 
great affinity and consent between the rules of na- 
ture, and the true rules of policy: the one being 
nothing else but an order in the government of the 
world; and the other an order in the government of 
an estate. And therefore the education and erudi- 
tion of the kings of Persia was in a science which 
was termed by a name then of great reverence, but 
now degenerate and taken in the ill part. For the 
Persian magic, which was the secret literature of 
their kings, was an application of the contemplations 
and observations of nature unto a sense politic; 
taking the fundamental laws of nature, and the 


* Printed in 1603, in 12mo. 
VOL. Vc B 


2 UNION OF ENGLAND AND SCOTLAND. 


branches and passages of them, as an original or 
first model, whence totake and describe a copy and 
imitation for government. 

After this manner the foresaid instructors set 
before their kings the examples of the celestial 
bodies, the sun, the moon, and the rest, which have 
great glory and veneration, but no rest or intermis- 
sion ; being in a perpetual office of motion, for the 
cherishing, in turn and in course, of inferior bodies : 
expressing likewise the true manner of the motions 
of government, which though they ought to be swift 
and rapid in respect of dispatch and occasions, yet 
are they to be constant and regular, without waver- 
ing or confusion. 

So did they represent unto them how the heavens 
do not enrich themselves by the earth and the seas, 
nor keep no dead stock, nor untouched treasures of 
that they draw to them from below ; but whatso- 
ever moisture they do levy and take from both ele- | 
ments in vapours, they do spend and turn back again 
in showers, only holding and storing them up for a time, 
to the end to issue and distribute them in season. 

But chiefly, they did express and expound unto 
them that fundamental law of nature, whereby all 
things do subsist and are preserved; which is, that 
every thing in nature, although it hath its private 
and particular affection and appetite, and doth follow 
and pursue the same in small moments, and when it 
is free and delivered from more general and common 
respects ; yet, nevertheless, when there is question 
or case for sustaining of the more general, they 


UNION OF ENGLAND AND SCOTLAND. 3 


forsake their own particularities, and attend and 
conspire to uphold the public. 

So we see the iron in small quantity will ascend 
and approach to the loadstone upon a particular sym- 
pathy: but if it be any quantity of moment, it . 
leaveth its appetite of amity to the loadstone, and, 
like a good patriot, falleth to the earth, which is the 
place and region of massy bodies. 

So again the water and other like bodies do fall 
towards the centre of the earth, which is, as was said, 
their region or country: and yet we see nothing 
more usual in all water-works and engines, than that 
the water, rather than to suffer any distraction or 
disunion in nature, will ascend, forsaking the love to 
its own region or country, and applying itself to the 
body next adjoining. 

But it were too long a digression to proceed to 
more examples of this kind. Your majesty yourself 
did fall upon a passage of this nature in your gracious 
speech of thanks unto your council, when acknow- 
ledging princely their vigilances and well-deservings, 
it pleased you to note, that it was a success and 
event above the course of nature, to have so great 
change with so great a quiet: forasmuch as sudden 
mutations, as well in state as in nature, are rarely 
without violence and perturbation: so as still I con- 
clude there is, as was said, a congruity between the 
principles of nature and policy. And lest that 
instance may seem to oppone to this assertion, I may 
even in that particular, with your majesty’s favour, 
offer unto you a type or pattern in nature, much re- 


A UNION OF ENGLAND AND SCOTLAND. 


sembling this event in your state; namely, earth- 
quakes, which many of them bring ever much terror 
and wonder, but no actual hurt ; the earth trembling 
for a moment, and suddenly stablishing in perfect 
quiet as it was before. 

This knowledge then of making the government 
of the world a mirror for the government of a state, 
being a wisdom almost lost, whereof the reason I 
take to be because of the difficulty for one man to 
embrace both philosophies, I have thought good to 
make some proof, as far as my weakness and the 
straits of time will suffer, to revive in the handling of 
one particular, wherewith now I most humbly pre- 
sent your majesty : for surely, as hath been said, it is 
a form of discourse anciently used towards kings ; 
and to what king should it be more proper than to a 
king that is studious to conjoin contemplative virtue 
and active virtue together ? 

Your majesty is the first king that had the 
honour to be “ lapis angularis,” to unite these two 
mighty and warlike nations of England and Scotland 
under one sovereignty and monarchy. It doth not ap- 
pear by the records and memoirs of any true history, 
or scarcely by the fiction and pleasure of any fabulous 
narration or tradition, that ever, of any antiquity, 
this island of Great Britain was united under one 
king before this day. And yet there be no moun- 
tains nor races of hills, there be no seas or great 
rivers, there is no diversity of tongue or language 
that hath invited or provoked this ancient separation 
or divorce. The lot of Spain was to have the several 


UNION OF ENGLAND AND SCOTLAND. 5) 


kingdoms of that continent, Portugal only excepted, 
to be united in an age not long past ; and now in our 
age that of Portugal also, which was the last that 
held out, to be incorporate with the rest. The lot of 
France hath been, much about the same time, like- 
wise, to have re-annexed unto that crown the several 
duchies and portions which were in former times 
dismembered. The lot of this island is the last 
reserved for your majesty’s happy times, by the spe- 
cial providence and favour of God, who hath brought 
your majesty to this happy conjunction with the 
great consent of hearts, and in the strength of your 
years, and in the maturity of your experience. It 
resteth but that, as I promised, I set before your 
majesty’s princely consideration, the grounds of na- 
ture touching the union and commixture of bodies, 
and the correspondence which they have with the 
grounds of policy in the conjunction of states and 
kingdoms. 

First, therefore, that position, “ Vis unita fortior,” 
being one of the common notions of the mind, 
needeth not much to be induced or illustrated. 

We see the sun when he entereth, and while he 
continueth under the sign of Leo, causeth more ve- 
hement heats than when he is in Cancer, what time 
his beams are nevertheless more perpendicular. The 
reason whereof, in great part, hath been truly 
ascribed to the conjunction and corradiation, in that 
place of heaven, of the sun with the four stars of the 
first magnitude, Sirius, Canicula, Cor Leonis, and 
Cauda Leonis. 


6 UNION OF ENGLAND AND SCOTLAND. 


So the moon likewise, by ancient tradition, while 
she is in the same sign of Leo, is said to be at the 
heart, which is not for any affinity which that place 
of heaven can have with that part of man’s body, but 
only because the moon is then, by reason of the con- 
junction and nearness with the stars aforenamed, in 
greatest strength of influence, and so worketh upon 
that part in inferior bodies, which is most vital and 
principal. 

So we see waters and liquors, in small quantity, 
do easily putrify and corrupt; but in large quantity 
subsist long, by reason of the strength they receive 
by union. 

So in earthquakes, the more general do little 
hurt, by reason of the united weight which they 
offer to subvert; but narrow and particular earth- 
quakes have many times overturned whole towns and 
cities. 

So then this point touching the force of union is 
evident: and therefore it is more fit to speak of the 
manner of union ; wherein again it will not be perti- 
nent to handle one kind of union, which is union by 
victory, when one body doth merely subdue another, 
and converteth the same into its own nature, ex- 
tinguishing and expulsing what part soever of it it 
cannot overcome. As when the fire converteth the 
wood into fire, purging away the smoke and the 
ashes as unapt matter to inflame: or when the body 
of a living creature doth convert and assimilate food 
and nourishment, purging and expelling whatsoever 
it cannot convert. For these representations do 


UNION OF ENGLAND AND SCOTLAND. 7 


answer in matter of policy to union of countries by 
conquest, where the conquering state doth ex- 
tinguish, extirpate, and expulse any part of the state 
conquered, which it findeth so contrary as it cannot 
alter and convert it. And therefore, leaving violent 
unions, we will consider only of natural unions. 

The difference is excellent which the best ob- 
servers in nature do take between “ compositio” and 
“ mistio,” putting together, and mingling: the one 
being but a conjunction of bodies in place, the other 
in quality and consent: the one the mother of sedi- 
tion and alteration, the other of peace and con- 
tinuance: the one rather a confusion than an union, 
the other properly an union. Therefore we see 
those bodies, which they call “ imperfecte mista,” last 
not, but are speedily dissolved. For take, for exam- 
ple, snow or froth, which are compositions of air and 
water, and in them you may behold how easily they 
sever and dissolve, the water closing together and 
excluding the air. 

So those three bodies which the alchemists do so 
much celebrate as the three principles of things; 
that is to say, earth, water, and oil, which it pleaseth 
them to term salt, mercury, and sulphur, we sce, if 
they be united only by composition or putting 
together, how weakly and rudely they do incor- 
porate: for water and earth make but an imperfect 
slime ; and if they be forced together by agitation, 
yet upon a little settling, the earth resideth in the 
bottom. So water and oil, though by agitation it be 


8 UNION OF ENGLAND AND SCOTLAND. 


brought into an ointment, yet after a little settling . 
the oil will float on the top. So as such imperfect 
mixtures continue no longer than they are forced ; 
and still in the end the worthiest getteth above. 

But otherwise it is of perfect mixtures. For we 
see these three bodies, of earth, water, and oil, when 
they are joined in a vegetable or mineral, they are 
so united, as without great subtlety of art and force 
of extraction, they cannot be separated and reduced 
into the same simple bodies again. So as the 
difference between ‘‘ compositio” and “ mistio” clearly 
set down is this ; that “‘ compositio” is the joining or 
putting together of bodies without a new form: and 
“‘ mistio” is the joining or putting together of bodies 
under a new form: for the new form is “ commune 
‘‘ vinculum,” and without that the old forms will be 
at strife and discord. 

Now to reflect this light of nature upon matter of 
estate; there hath been put in practice in govern- 
ment these two several kinds of policy in uniting and 
conjoining of states and kingdoms; the one to re- 
tain the ancient form still severed, and only con- 
joined in sovereignty; the other to superinduce a 
new form agreeable and convenient to the entire 
estate. The former of these hath been more usual, 
and is more easy; but the latter is more happy. 
For ifa man do attentively revolve histories of all na- 
tions, and judge truly thereupon, he will make this 
conclusion, that there was never any states that 
were good commixtures but the Romans; which 


UNION OF ENGLAND AND SCOTLAND. 9 


because it was the best state of the world, and is the 
best example of this point, we will chiefly insist 
thereupon. 

In the antiquities of Rome, Virgil bringeth in 
Jupiter by way of oracle or prediction speaking of 
the mixture of the Trojans and the Italians: 


Sermonem Ausonii patrium moresque tenebunt : 
Utque est, nomen erit : commixti corpore tantum 
Subsident Teucri; morem ritusque sacrorum 
Adjiciam: faciamque omnes uno ore Latinos. 
Hinc genus, Ausonio mixtum quod sanguine surget, 
Supra homines, supra ire Deos pietate videbis. 

Rn. xii. 834. 


Wherein Jupiter maketh a kind of partition or dis- 
tribution: that Italy should give the language and 
the laws; Troy should give a mixture of men, and 
some religious rites; and both people should meet 
in one name of Latins. 

Soon after the foundation of the city of Rome, 
the people of the Romans and the Sabines mingled 
upon equal terms: wherein the interchange went so 
even, that, as Livy noteth, the one nation gave the 
name to the place, the other to the people. For 
Rome continued the name, but the people were 
called Quirites, which was the Sabine word, derived 
of Cures the country of Tatius. 

But that which is chiefly to be noted in the 
whole continuance of the Roman government; they 
were so liberal of their naturalizations, as in effect 
they made perpetual mixtures. For the manner 
was to grant the same, not only to particular persons, 


10 UNION OF ENGLAND AND SCOTLAND. 


but to families and lineages; and not only so, but to 
whole cities and countries. So as in the end it came 
to that, that Rome was “ communis patria,” as some 
of the civilians call it. 

So we read of St. Paul, after he had been beaten 
with rods, and thereupon charged the officer with the 
violation of the privilege of a citizen of Rome; the 
captain said to him, “ Art thou then a Roman? That 
“ privilege hath cost me dear.” ‘To whom St. Paul 
replied, “ But I was so born ;” and yet, in another 
place, St. Paul professeth himself, that he was a Jew 
by tribe: so as it is manifest that some of his ances- 
tors were naturalized ; and so it was conveyed to him 
and their other descendents. 

So we read, that it was one of the first despites 
that was done to Julius Cesar, that whereas he had 
obtained naturalization for a city in Gaul, one of 
the city was beaten with rods of the consul 
Marcellus. 

So we read in Tacitus, that in the emperor 
Claudius’s time, the nation of Gaul, that part which 
is called Comata, the wilder part, were suitors to be 
made capable of the honour of being senators and 
officers of Rome. His words are these ; “ Cum de 
“ supplendo senatu agitaretur, primoresque Gallia, 
“ que Comata appellatur, foedera, et civitatem Roma- 
“nam pridem assecuti, jus adipiscendorum in urbe 
“ honorum expeterent ; multus ea super re variusque 
“rumor, et studiis diversis, apud principem certaba- 
“tur.” And in the end, after long debate, it was 
ruled they should be admitted. 


UNION OF ENGLAND AND SCOTLAND. li 


So likewise, the authority of Nicholas Machiavel 
seemeth not to be contemned; who enquiring the 
causes of the growth of the Roman empire, doth give 
judgment; there was not one greater than this, 
that the state did so easily compound and incorporate 
with strangers. 

It is true, that most estates and kingdoms have 
taken the other course: of which this effect hath 
followed, that the addition of further empire and 
territory hath been rather matter of burden, than 
matter of strength unto them: yea, and farther 
it hath kept alive the seeds and roots of revolts and 
rebellions for many ages ; as we may see in a fresh 
and notable example of the kingdom of Arragon: 
which, though it were united to Castile by marriage, 
and not by conquest ; and so descended in hereditary 
union by the space of more than an hundred years ; 
yet because it was continued in a divided govern- 
ment, and not well incorporated and cemented with 
the other crowns, entered into a rebellion upon 
point of their “ fueros,” or liberties, now of very late 
years. 

Now to speak briefly of the several parts of that 
form, whereby states and kingdoms are perfectly 
united, they are, besides the sovereignty itself, four 
in number; union in name, union in language, 
union in Jaws, union in employments. 

For name, though it seem but a superficial and 
outward matter, yet it carrieth much impression and 
enchantment: the general and common name of 
Grecia made the Greeks always apt to unite, though 


12 UNION OF ENGLAND AND SCOTLAND. 


otherwise full of divisions amongst themselves, 
against other nations whom they called barbarous. 
The Helvetian name is no small band to knit to- 
gether their leagues and confederacies the faster. 
The common name of Spain, no doubt, hath been a 
special means of the better union and conglutination 
of the several kingdoms of Castile, Arragon, Granada, — 
Navarre, Valentia, Catalonia, and the rest, compre- 
hending also now lately Portugal. 

For language, it is not needful to insist upon it ; 
because both your majesty’s kingdoms are of one 
language, though of several dialects; and the dif- 
ference is so small between them, as promiseth rather 
an enriching of one language than a continuance 
of two. 

For laws, which are the principal sinews of 
government, they be of three natures; “ jura,” 
which I will term freedoms or abilities, “leges,” and 
mores: 

For abilities and freedoms, they were amongst the 
Romans of four kinds, or rather degrees. “ Jus con- 
“ nubii, jus civitatis, jus suffragii,” and “ jus petitionis” 
or “honorum.” “ Jus connubii” is a thing in these 
times out of use: for marriage is open between all 
diversities of nations. ‘ Jus civitatis’ answereth to 
that we call denization or naturalization. “ Jus 
“ suffragii” answereth to the voice in parliament. 
“ Jus petitionis” answereth to place in council or 
office. And the Romans did many times sever 
these freedoms ; granting “ Jus connubii, sine civi- 
“ tate,” and “ civitatem, sine suffragio,” and “ suffra- 


UNION OF ENGLAND AND SCOTLAND. a3 


“ gium, sine jure petitionis,” which was commonly 
with them the last. 

For those we called “ leges,” it is a matter of 
curiosity and inconveniency, to seek either to extir- 
pate all particular customs, or to draw all subjects to 
one place or resort of judicature and session. It 
sufficeth there be an uniformity in the principal and 
fundamental laws, both ecclesiastical and civil: for 
in this point the rule holdeth which was pronounced 
by an ancient father, touching the diversity of rites 
in the Church ; for finding the vesture of the queen 
in the psalm, which did prefigure the Church, was of 
divers colours; and finding again that Christ’s coat 
was without a seam, he concluded well, “ in veste 
“ varietas sit, scissura non sit.” 

For manners: a consent in them is to be sought 
industriously, but not to be enforced: for nothing 
amongst people breedeth so much pertinacy in hold- 
ing their customs, as sudden and violent offer to re- 
move them. 

And as for employments, it is no more, but an 
indifferent hand, and execution of that verse: 

Tros, Tyriusque mihi nullo discrimine agetur. 

There remaineth only to remember out of the 
grounds of nature the two conditions of perfect mix- 
ture; whereof the former is time: for the natural 
philosophers say well, that “ compositio” is ‘* opus ho- 
“ minis,” and “ mistioopus nature.” For it is the duty 
of man to make a fit application of bodies together : 
but the perfect fermentation and incorporation. of 
them must be left to time and nature; and un- 


14 UNION OF ENGLAND AND SCOTLAND. 


natural hasting thereof doth disturb the work, and 
not dispatch it. 

So we see, after the graft is put into the stock 
and bound, it must be left to time and nature to 
make that “ continuum,” which at the first was but 
“contiguum.” And it is not any continual pressing or 
thrusting together that will prevent nature’s season, 
but rather hinder it. And so in liquors, those com- 
mixtures which are at the first troubled, grow after 
clear and settled by the benefit of rest and time. 

The second condition is, that the greater draw 
the less) So we see when two lights do meet, 
the greater doth darken and dim the less. And 
when a smaller river runneth into a greater, it loseth 
both its name and stream. And hereof, to con- 
clude, we see an excellent example in the kingdoms 
of Judah and Israel. The kingdom of Judah con- 
tained two tribes; the kingdom of Israel contained 
ten. King David reigned over Judah for certain 
years; and, after the death of Ishbosheth, the son of 
Saul, obtained likewise the kingdom of Israel. This 
union continued in him, and likewise in his son 
Solomon, by the space of seventy years, at least, 
between them both : but yet, because the seat of the 
kingdom was kept still in Judah, and so the less 
sought to draw the greater: upon the first occasion 
offered, the kingdoms brake again, and so continued 
ever after. 

Thus having in all humbleness made oblation to 
your majesty of these simple fruits of my devotion 
and studies, I do wish, and do wish it not in the na- 


UNION OF ENGLAND AND SCOTLAND. 15 
s 


ture of an impossibility, to my apprehension, that 
this happy union of your majesty’s two kingdoms of 
England and Scotland, may be in as good an hour, 
and under the like divine providence, as that was 
between the Romans and the Sabines. 


CERTAIN 
ARTICLES OR CONSIDERATIONS 
TOUCHING 


THE UNION OF THE KINGDOMS 


GF 


ENGLAND AND SCOTLAND. 


Collected and dispersed for his Majesty’s better Service. 


Your majesty, being, I doubt not, directed and con- 
ducted by a better oracle than that which was given 
for light to Asneas in his peregrination, “ Antiquam 
“exquirite matrem,” hath a royal, and indeed an 
heroical desire to reduce these two kingdoms of 
England and Scotland into the unity of their ancient 
mother kingdom of Britain. Wherein as I would 
gladly applaud unto your majesty, or sing aloud 
that hymn or anthem, “ Sic itur ad astra ;” so in a 
more soft and submissive voice, I must necessarily 
remember unto your majesty that warning or caveat, 
“ Ardua que pulchra:” it is an action that re- 
quireth, yea, and needeth much, not only of your ma- 
jesty’s wisdom, but of your felicity. In this argument 
I presumed at your majesty’s first entrance to write 
a few lines, indeed scholastically and speculatively, 
and not actively or politicly, as I held it fit for meat % 


UNION OF ENGLAND AND SCOTLAND. 17 


that time; when neither your majesty was in that 
your desire declared, nor myself in that service used 
or trusted. But now that both your majesty hath 
opened your desire and purpose with much admira- 
tion, even of those who give it not so full an appro- 
bation, and that myself was by the Commons graced 
with the first vote of all the Commons selected for 
that cause; not in any estimation of my ability, for 
therein so wise an assembly could not be so much 
deceived, but in an acknowledgment of my extreme 
labours and integrity; in that business I thought 
myself every way bound, both in duty to your 
majesty, and in trust to that house of parliament, 
and in consent to the matter itself, and in confor- 
mity to mine own travels and beginnings, not to 
neglect any pains that may tend to the furtherance 
of so excellent a work; wherein I will endeavour 
that that which I shall set down be “ nihil minus 
“quam verba :” for length and ornament of speech are 
to be used for persuasion of multitudes, and not for 
information of kings ; especially such a king as is the 
only instance that ever I knew to make a man of 
Plato’s opinion, “ that all knowledge is but remem- 
“ brance, and that the mind of man knoweth all 
“things, and demandeth only to have her own 
“notions excited and awaked:” which your ma- 
jesty’s rare and indeed singular gift and faculty 
of swift apprehension, and infinite expansion or mul- 
tiplication of another man’s knowledge by your 
own, as I have often observed, so I did extremely 
admire in Goodwin’s cause, being a matter full of 
VOL. Y. c 


18 UNION OF ENGLAND AND SCOTLAND. 


secrets and mysteries of our laws, merely new unto 
you, and quite out of the path of your education, 
reading, and conference : wherein, nevertheless, upon 
a spark of light given, your majesty took in so dex- 
trously and profoundly, as if you had been indeed 
“ anima legis,” not only in execution, but in under- 
standing : the remembrance whereof, as it will never 
be out of my mind, so it will always be a warning to 
me to seek rather to excite your judgment briefly, 
than to inform it tediously; and if in a matter 
of that nature, how much more in this, wherein your 
princely cogitations have wrought themselves, and 
been conversant, and wherein the principal light 
proceeded from yourself. 

And therefore my purpose is only to break this 
matter of the union into certain short articles and 
questions, and to make a certain kind of anatomy or 
analysis of the parts and members thereof: not that 
I am of opinion that all the questions which I now 
shall open, were fit to be in the consultation of the 
commissioners propounded. For I hold nothing so 
great an enemy to good resolution, as the making of 
too many questions ; especially in assemblies which 
consist of many. For princes, for avoiding of dis- 
traction, must take many things by way of ad- 
mittance ; and if questions must be made of them, 
rather to suffer them to arise from others, than to 
grace them and authorise them as propounded from 
themselves. But unto your majesty’s private consi- 
deration, to whom it may be better sort with me 
rather to speak as a remembrancer than as a coun- 


neni 


fo" ae Te 


gts S's ig Sie lr ae SSS lad 


ET POP eS Oe in: 


UNION OF ENGLAND AND SCOTLAND. 19 


sellor, I have thought good to lay before you all the 
branches, lineaments, and degrees of this union, that 
upon the view and consideration of them and their 
circumstances, your majesty may the more clearly 
discern, and more readily call to mind which of 
them is to be embraced, and which to be rejected : 
and of these, which are to be accepted, which of 
them is presently to be proceeded in, and which 
to be put over to farther time. And again, which of 
them shall require authority of parliament, and 
which are fitter to be effected by your majesty’s 
royal power and prerogative, or by other policies or 
means; and lastly, which of them is liker to pass 
with difficulty and contradiction, and which with 
more facility and smoothness. 

First, therefore, to begin with that question, that, 
I suppose, will be out of question. 

Whether it be not meet, that the statutes, which 
were made touching Scotland or the Scotish nation, 
while the kingdoms stood severed, be repealed ? 

It is true, there is a diversity in these; for some 
of these laws consider Scotland as an -enemy’s 
country ; other laws consider it as a foreign country 
only : as for example ; the law of Rich. II. anno 7. 
which prohibiteth all armour or victual to be carried 
to Scotland; and the law of 7 of K. Henry VII. 
that enacteth all the Scotish men to depart the 
realm within a time prefixed. Both these laws, 
and some others, respect Scotland as a country of 
hostility: but the law of 22 of Edward IV. that en- 
dueth Berwick with the liberty of a staple, where all 


20 UNION OF ENGLAND AND SCOTLAND. 


Scotish merchandises should resort that should be 
uttered for England, and likewise all English mer- 
chandises that should be uttered for Scotland; this 
law beholdeth Scotland only as a foreign nation ; 
and not so much neither; for there have been 
erected staples in towns of England for some commo- 
dities, with an exclusion and restriction of other 
parts of England. 

But this is a matter of the least difficulty; your 
majesty shall have a calendar made of the laws, and 
a brief of the effect ; and so you may judge of them : 
and the like or reciproque is to be done by Scotland 
for such laws as they have concerning England and 
the English nation. 

The second question is, what laws, customs, 
commissions, officers, garrisons, and the like, are to 
be put down, discontinued or taken away upon the 
borders of both realms ? 

To this point, because I am not acquainted with 
the orders of the marches, I can say the less. 

Herein falleth that question, whether that the 
tenants, who hold their tenants’ rights in a greater 
freedom and exemption, in consideration of their 
service upon the borders, and that the countries 
themselves, which are in the same respect discharged 
of subsidies and taxes, should not now be brought to 
be in one degree with other tenants and countries ; 
“ nam cessante causa, tollitur effectus ?” Wherein, 
in my opinion, some time would be given; “ quia 
- © adhuc eorum messis in herba est :” but some present 
ordinance would be made to take effect at a future 


UNION OF ENGLAND AND SCOTLAND. y-¥ | 


time, considering it is one of the greatest points and 
marks of the division of the kingdoms. And because 
reason doth dictate, that where the principal so- 
lution of continuity was, there the healing and con- 
solidating plaster should be chiefly applied ; there 
would be some farther device for the utter and per- 
petual confounding of those imaginary bounds, 
as your majesty termeth them: and therefore it 
would be considered, whether it were not convenient 
to plant and erect at Carlisle or Berwick some 
council or court of justice, the jurisdiction whereof 
might extend part into England and part into 
Scotland, with a commission not to proceed precisely, 
or merely according to the laws and customs either 
of England or Scotland, but mixtly, according to in- 
structions by your majesty to be set down, after the 
imitation and precedent of the council of the marches 
here in England, erected upon the union of Wales ? 

The third question is that which many will make 
a great question of, though perhaps your majesty 
will make no question of it; and that is, whether 
your majesty should not make a stop or stand 
here, and not to proceed to any farther union, 
contenting yourself with the two former articles 
or points. 

For it will be said, that we are now well, thanks 
be to God and your majesty, and the state of neither 
kingdom is to be repented of; and that it is true 
which Hippocrates saith, that “ Sana corpora difficile 
““ medicationes ferunt,” itis better to make alterations 
in sick bodies than in sound. The consideration 


22 UNION OF ENGLAND AND SCOTLAND. 


of which point will rest upon these two branches : 
what inconveniences will ensue with time, if the 
realms stand as they are divided, which are yet not 
found nor sprung up. For it may be the sweetness 
of your majesty’s first entrance, and the great bene- 
fit that both nations have felt thereby, hath covered 
many inconveniences : which, nevertheless, be your 
majesty’s government never so gracious and politic, 
continuance of time and the accidents of time may 
breed and discover, if the kingdoms stand divided. 

The second branch is; allow no manifest or im- 
portant peril or inconvenience should ensue of the 
continuing of the kingdoms divided, yet on the other 
side, whether that upon the farther uniting of them, 
there be not like to follow that addition and increase of 
wealth and reputation, as is worthy your majesty’s 
virtues and fortune, to be the author and founder of, 
for the advancement and exaltation of your majesty’s 
royal posterity in time to come ? 

But-admitting that your majesty should proceed 
to this more perfect and entire union, wherein your 
majesty may say, “ Majus opus moveo ;” to enter into 
the parts and degrees thereof, I think fit first to set 
down, as in a brief table, in what points the nations 
stand now at this present time already united, and in 
what points yet still severed and divided, that your 
majesty may the better see what is done, and what is 
to be done; and how that which is to be done is 
to be inferred upon that which is done. 

The points wherein the nations stand already 
united are : 


UNION OF ENGLAND AND SCOTLAND. 93 


In sovereignty. 

In the relative thereof, which is subjection. 

In religion. 

> In continent. 

In language. 

_ .And now lastly, by the peace by your majesty 
concluded with Spain, in leagues and confederacies : 
for now both nations have the same friends and the 
same enemies. 

Yet notwithstanding there is none of the six 
points, wherein the union is perfect and consum- 
mate; but every of them hath some scruple or 
rather grain of separation inwrapped and included in 
them. 

For the sovereignty, the union is absolute in your 
majesty and your generation ; but if it should so be, 
which God of his infinite mercy defend, that your 
issue should fail, then the descent of both realms doth 
resort to the several lines of the several bloods royal. 

For subjection, I take the law of England to be 
clear, what the law of Scotland is I know not, that all 
Scotsmen from the very instant of your majesty’s 
reign begun are become denizens, and the “ post- 
“ nati” arenaturalized subjects of England for the time 
forwards: for by our laws none can be an alien but 
he that is of another allegiance than our sovereign 
lord the king’s: for there be but two sorts of aliens, 
whereof we find mention in our law, an alien 
ami, and an alien enemy; whereof the former is 
a subject of a state in amity with the king, and 
the latter a subject of a state in hostility: but 


94 UNION OF ENGLAND AND SCOTLAND. 


whether he be one or other, it is an essential dif- 
ference unto the definition of an alien, if he be not of 
the king’s allegiance ; as we see it evidently in the 
precedent of Ireland, who since they were subjects 
to the crown of England, have ever been inheritable 
and capable as natural subjects ; and yet not by any 
statute or act of parliament, but merely by the com- 
mon-law, and the reason thereof. So as there is no 
doubt, that every subject of Scotland was, and is in 
like plight and degree, since ‘your majesty’s coming 
in, as if your majesty had granted particularly your 
letters of denization or naturalization to every of 
them, and the “ post-nati” wholly natural. But then 
on the other side, for the time backwards, and for 
those that were “ ante nati,’ the blood is not by law 
naturalized, so as they cannot take it by descent 
from their ancestors without act of parliament: and 
therefore in this point there is a defect in the union 
of subjection. 

For matter of religion, the union is perfect in 
points of doctrine ; but in matter of discipline and 
government it is imperfect. 

For the continent, it is true there are no natural 
boundaries of mountains or seas, or navigable rivers ; 
but yet there are badges and memorials of borders ; of 
which points I have spoken before. 

For the language, it is true the nations are 
“ unius labii,’ and have not the first curse of dis- 
union, which was confusion of tongues, whereby one 
understood not another. But yet the dialect is 
differing, and it remaineth a kind of mark of distinc- 


UNION OF ENGLAND AND SCOTLAND, 25 


tion. But for that, “ tempori permittendum,” it is 
to be left to time. For considering that both 
languages do concur in the principal office and duty 
of a language, which is to make a man’s self under- 
stood: for the rest, it is rather to be accounted, as 
was said, a diversity of dialect than of language: 
and, as I said in my first writing, it is like to bring 
forth the enriching of one language, by compound- 
ing and taking in the proper and significant words 
of either tongue, rather than a continuance of two 
languages. 

For leagues and confederacies, it is true, that 
neither nation is now in hostility with any state, 
wherewith the other nation is in amity: but yet so, 
as the leagues and treaties have been concluded 
with either nation respectively, and not with both 
jointly ; which may contain some diversity of arti- 
cles of straitness of amity with one more than with 
the other. 

But many of these matters may perhaps be of 
that kind, as may fall within that rule, “ In veste 
‘“‘ varietas sit, scissura non sit.” 

Now to descend to the particular points wherein 
the realms stand severed and divided, over and 
besides the former six points of separation, which I 
have noted and placed as defects or abatements of the 
six points of the union, and therefore shall not need 
to be repeated: the points, I say, yet remaining, 
I will divide into external and internal. 


The external points therefore of the separation 
are four. 


26 UNION OF ENGLAND AND SCOTLAND. 


1. The several crowns, I mean the ceremonial 
and material crowns. 

2. The second is the several names, stiles, or ap- 
pellations. 

3. The third is the several prints of the seals. 

4. The fourth is the several stamps or marks of 
the coins or moneys. 

It is true, that the external are in some respect 
and parts much mingled and interlaced with con- 
siderations internal; and that they may be as ef- 
fectual to the true union, which must be the work of 
time, as the internal, because they are operative upon 
the conceits and opinions of the people; the uniting 
of whose hearts and affections is the life and true end 
of this work. 

For the ceremonial crowns, the question will be, 
whether there shall be framed one new imperial 
crown of Britain to be used for the times to come ? 
Also, admitting that to be thought convenient, 
whether in the frame thereof there shall not be 
some reference to the crowns of Ireland and France? 

Also whether your majesty should repeat or 
iterate your own coronation and your queen’s, or 
only ordain that such new crown shall be used 
by your posterity hereafter ? 

The difficulties will be in the conceit of some in- 
equality, whereby the realm of Scotland may be 
thought to be made an accession unto the realm of 
England. But that resteth in some circumstances ; 
for the compounding of the two crowns is equal ; the 
calling of the new crown the crown of Britain is 


UNION OF ENGLAND AND SCOTLAND. ZF 


equal. Only the place of coronation, ifit shall be at 
Westminster, which is the ancient, august, and 
sacred place for the kings of England, may seem to 
make an inequality. And again, if the crown of 
Scotland be discontinued, then that ceremony, which 
I hear is used in the parliament of Scotland i the 
absence of the kings, to have the crowns carried in 
solemnity, must likewise cease. 

For the name, the main question is, whether 
the contracted name of Britain shall be by your 
majesty used, or the divided names of England and 
Scotland ? 

Admitting there shall be an alteration, then the 
case willrequire these inferior questions : 

First, whether the name of Britain shall only be 
used in your majesty’s stile, where the entire stile is 
recited ; and in all other forms the divided names to 
remain both of the realms and of the people: or 
otherwise, that the very divided names of realms and. 
people shall likewise be changed or turned into spe- 
cial or subdivided names of the general name ; that 
is to say, for example, whether your majesty in your 
stile shall denominate yourself king of Britain, 
France, and Ireland, &c. and yet nevertheless, in 
any commission, writ, or otherwise, where your 
majesty mentions England or Scotland, you shall 
retain the ancient names, as “ secundum consuetudi- 
“nem regni nostri Angliz ;” or whether those divided 
names shall be for ever lost and taken away, and 
turned into the subdivisions of South-Britain and 
North-Britain, and the people to be South-Britons 


28 UNION OF ENGLAND AND SCOTLAND. 


and North-Britons ? And so in the example afore- 
said, the tenour of the like clause to run “ secundum 
“ consuetudinem Britannie australis.” 

Also, if the former of these shall be thought con- 
venient, whether it were not better for your majesty 
to take that alteration of stile upon you by procla- 
mation, as Edward the third did the stile of France, 
than to have it enacted by parliament ? 

Also, in the alteration of the stile, whether it 
were not better to transpose the kingdom of Ireland, 
and put it immediately after Britain, and so place 
the islands together; and the kingdom of France, 
being upon the continent, last ; in regard that these 
islands of the western ocean seem by nature and 
providence an entire empire in themselves ; and also, 
that there was never king of England so entirely 
possest of Ireland, as your majesty is: so as your 
stile to run king of Britain, Ireland, and the islands 
adjacent, and of France, &c. 

The difficulties in this have been already, throughly 
beaten over; but they gather but to two heads. 

The one, point of honour and love to the former 
names. 

The other, doubt, lest the alteration of the name 
may induce and involve an alteration of the laws and 
policies of the kingdom; both which, if your ma- 
jesty shall assume the stile by proclamation, and not 
by parliament, are in themselves satisfied: for then 
the usual names must needs remain in writs and re- 
cords, the forms whereof cannot be altered but by act 
of parliament, and so the point of honour satisfied. 


UNION OF ENGLAND AND SCOTLAND. 29 


And again, your proclamation altereth no law, and so 
the scruple of a tacit or implied alteration of laws 
likewise satisfied. But then it may be considered, 
whether it were not a form of the greatest honour, if 
the parliament, though they did not enact it, yet 
should become suitors and petitioners to your ma- 
jesty to assume it ? 

For the seals, that there should be but one great 
seal of Britain, and one chancellor, and that there 
should only be a seal in Scotland for processes and 
ordinary justice; and that all patents of grants of 
lands or otherwise, as well in Scotland as in Eng- 
land, should pass under the great seal here, kept 
about your person; it is an alteration internal, 
whereof I do not now speak. 

But the question in this place is, whether the 
great seals of England and Scotland should not be 
changed into one and the same form of image and 
superscription of Britain, which, nevertheless, is 
requisite should be with some one plain or manifest 
alteration, lest there be a buz, and suspect, that 
grants of things in England may be passed by 
the seal of Scotland, or ‘‘ e converso ?” 

Also, whether this alteration of form may not be 
done without act of parliament, as the great seals 
have used to be heretofore changed as to their 
impressions ? 

For the moneys, as to the real and internal con- 
sideration thereof, the question will be, whether your 
majesty shall not continue two mints? which, the 


30 UNION OF ENGLAND AND SCOTLAND. 


distance of territory considered, I suppose will be of 
necessity. 

Secondly, how the standards, if it be not already 
done, as I hear some doubt made of it in popular 
rumour, may be reduced into an exact proportion for 
the time to come; and likewise the computation, 
tale, or valuation to be made exact for the moneys 
already beaten ? 

That done, the last question is, which is only 
proper to this place, whether the stamp or the image 
and superscription of Britain for the time forwards 
should not be made the self-same in both places, 
without any difference at all? A matter also which 
may be done, as our law is, by your majesty’s prero- 
gative without act of parliament. 

These points are points of demonstration, “ ad 
« faciendum populum,” but so much the more they go 
to the root of your majesty’s intention, which is to 
imprint and inculcate into the hearts and heads 
of the people, that they are one people and one 
nation. 

In this kind also 1 have. heard it pass abroad 
in speech of the erection of some new order of 
knighthood, with a reference to the union, and an 
oath appropriate thereunto, which is a point likewise 
deserves a consideration. So much for the external 
points. 

“The internal points of separation are as fol- 
loweth. 

1. Several parliaments. 


UNION OF ENGLAND AND SCOTLAND. 31 


Several councils of state. 

Several officers of the crown. 

Several nobilities. 

Several laws. 

Several courts of justice, trials, and processes. 
Several receits and finances. 

Several admiralties and merchandisings. 

. Several freedoms and liberties. 

10. Several taxes and imposts. 

As touching the several states ecclesiastical, and 
the several mints and standards, and the several arti- 
cles and treaties of intercourse with foreign nations, I 
touched them before. 

In these points of the strait and more inward 
union, there will intervene one principal difficulty and 
impediment, growing from that root, which Aristotle 
in his Politics maketh to be the root of all division 
and dissension in commonwealths, and that is equa- 
lity and inequality. For the realm of Scotland is 
now an ancient and noble realm, substantive of 
itself. 

But when this island shall be made Britain, then 
Scotland is no more to be considered as Scotland, 
but as a part of Britain; no more than England is to 
be considered as England, but as a part likewise of 
Britain ; and consequently neither of these are to be 
considered as things entire of themselves, but in the 
proportion that they bear to the whole. And there- 
fore let us imagine, “ Nam id mente possumus, quod 
‘actu non possumus,” that Britain had never been 
divided, but had ever been one kingdom ; then that 


SS ee 


32 UNION OF ENGLAND AND SCOTLAND. 


part of soil or territory, which is comprehended un- 
der the name of Scotland, is in quantity, as I have 
heard it esteemed, how truly I know not, not past a 
third part of Britain; and that part of soil or ter- 
ritory which is comprehended under the name of 
England, is two parts of Britain, leaving to speak of 
any difference of wealth or population, and speaking 
only of quantity. So then if, for example, Scotland 
should bring to parliament as much nobility as Eng- 
land, then a third part should countervail two parts ; 
“nam si inequalibus equalia addas, omnia erunt 
“ ineequalia.” And this, I protest before God and 
your majesty, I do speak not as aman born in Eng- 
land, but as a man born in Britain. And therefore 
to descend to the particulars : 

For the parliaments, the consideration of that 
point will fall into four questions. 

1. The first, what proportion shall be kept 
between the votes of England and the votes of 
Scotland ? 

2. The second, touching the manner of proposi- 
tion, or possessing of the parliament of causes there to 
be handled; which in England is used to be done 
immediately by any member of the parliament, or by 
the prolocutor; and in Scotland is used to be done 
immediately by the lords of the articles; whereof 
the one form seemeth to have more liberty, and the 
other more gravity and maturity: and therefore the 
~ question will be whether of these shall yield to other, 
or whether there should not be a mixture of both, by 
some commissions precedent to every parliament, in 


UNION OIF ENGLAND AND SCOTLAND. Bs By 


the nature of lords of the articles, and yet not 
excluding the liberty of propounding in full par- 
liament afterwards ? 

3. The third, touching the orders of parliament, 
how they may be compounded, and the best of either 
taken ? 

4, The fourth, how those, which by inheritance 
or otherwise have offices of honour and ceremony in 
both the parliaments, as the lord steward with us, 
&c, may be satisfied, and duplicity accommodated ? 

For the councils of estate, while the kingdoms 
stand divided, it should seem necessary to continue 
several councils; but if your majesty should proceed 
to a strict union, then howsoever your majesty may 
establish some provincial councils in Scotland, as 
there is here of York, and in the marches of Wales, 
yet the question will be, whether it will not be more 
convenient for your majesty, to have but one privy 
council about your person, whereof the principal 
officers of the crown of Scotland to be for dignity 
sake, howsoever their abiding and remaining may be 
as your majesty shall employ their service? But this 
point belongeth merely and wholly to your majesty’s 
royal will and pleasure. 

For the officers of the crown, the consideration 
thereof will fall into these questions. 

First, in regard of the latitude of your kingdom 
and the distance of place, whether it will not be 
matter of necessity to continue the several officers, 
because of the impossibility for the service to be 
performed by one ? 

VOL. V. D 


34 UNION OF ENGLAND AND SCOTLAND. 


The second, admitting the duplicity of officers 
should be continued, yet whether there should not 
be a difference, that one should be the principal 
officer, and the other to be but special and subaltern ? 
As for example, one to be chancellor of Britain, and 
the other to be chancellor with some special addition, 
as here of the duchy, &c. 

The third, if no such specialty or inferiority be 
thought fit, then whether both officers should not 
have the title and the name of the whole island and 
precincts ? as the lord Chancellor of England to be 
lord Chancellor of Britain, and the lord Chancellor 
of Scotland to be lord Chancellor of Britain, but 
with several provisos that they shall not intromit 
themselves but within their several precincts. 

For the nobilities, the consideration thereof will 
fall into these questions. 

The first, of their votes in parliament, which was 
touched before, what proportion they shall bear to 
the nobility of England? wherein if the proportion 
which shall be thought fit be not full, yet your 
majesty may, out of your prerogative, supply it; for 
although you cannot make fewer of Scotland, yet 
you may make more of England. 

The second is touching the place and precedence 
wherein to marshal them according to the precedence 
of England in your majesty’s stile, and according to 
the nobility of Ireland ; that is, all English earls first, 
and then Scotish, will be thought unequal for Scot- 
land. To marshal them according to antiquity, will 
be thought unequal for England. Because I hear 


UNION OF ENGLAND AND SCOTLAND. 35 


their nobility is generally more ancient: and there- 
fore the question will be, whether the indifferentest 
way were not to take them interchangeably ; as for 
example, first, the ancient earl of England, and then 
the ancient earl of Scotland, and so “ alternis 
“ vicibus 2” 

For the laws, to make an entire and perfect 
union, it is a matter of great difficulty and length, 
both in the collecting of them, and in the passing of 
them. 

For first, as to the collecting of them, there must 
be made by the lawyers of either nation a digest 
under titles of their several laws and customs, as well 
common laws as statutes, that they may be collated 
and compared, and that the diversities may appear 
and be discerned of. And for the passing of them, 
we see by experience that “ patrius mos” is dear to 
all men, and that men are bred and nourished up in 
the love of it; and therefore how harsh changes and 
innovations are. And we see likewise what disputa- 
tion and argument the alteration of some one law 
doth cause and bring forth, how much more the 
alteration of the whole corps of the law? Therefore 
the first question will be, whether it be not good to 
proceed by parts, and to take that that is most 
necessary, and leave the rest to time? The parts 
therefore or subject of laws, are for this purpose fit- 
liest distributed according to that ordinary division of 
criminal and civil, and those of criminal causes into 
capital and penal. 

The second question therefore is, allowing the 


36 UNION OF ENGLAND AND SCOTLAND. 


general union of laws to be too great a work to em- 
brace ; whether it were not convenient that cases ca- 
pital were the same in both nations; I say the cases, 
I do not speak of the proceedings or trials; that 
is to say, whether the same offences were not fit to 
be made treason or felony in both places? 

The third question is, whether cases penal, though 
not capital, yet if they concern the public state, or 
otherwise the dicipline of manners, were not fit like- 
wise to be brought into one degree, as the case of 
misprision of treason, the case of ‘* premunire,” the 
case of fugitives, the case of incest, the case of simony, 
and the rest ? 7 

But the question that is more urgent than any of 
these is, whether these cases at the least, be they of 
an higher or inferior degree, wherein the fact com- 
mitted, or act done in Scotland, may prejudice the 
state and subjects of England, or “ econverso,” are not 
to be reduced into one uniformity of law and punish- 
ment? As for example, a perjury committed in a 
court of justice in Scotland, cannot be prejudicial in 
England, because depositions taken in Scotland 
cannot be produced and used here in England. But 
a forgery of a deed in Scotland, I mean with a false 
date of England, may be used and given in evidence 
in England. So likewise the depopulating of a town 
in Scotland doth not directly prejudice the state 
of England: but if an English merchant shall 
carry silver and gold into Scotland, as he may, and 
thence trnsport it into foreign parts, this prejudiceth 
the state of England, and may be an evasion to all. 


UNION OF ENGLAND AND SCOTLAND. 37 


the laws of England ordained in that case; and 
therefore had need to be bridled with as severe a law 
in Scotland as it is here in England. 

Of this kind there are many laws. 

The law of the 5th of Richard II. of going over 
without licence, if there be not the like Jaw in Scot- 
land, will be frustrated and evaded: for any subject 
of England may go first into Scotland, and thence 
into foreign parts. 

So the laws prohibiting transportation of sundry 
commodities, as gold, and silver, ordnance, artillery, 
corn, &c. if there be not a correspondence of laws in 
Scotland, will in like manner be deluded and 
frustrate ; for any English merchant or subject may 
carry such commodities first into Scotland, as well as 
he may carry them from port to port in England; 
and out of Scotland into foreign parts, without any 
peril of law. 

So libels may be devised and written in Scotland, 
and published and scattered in England. 

Treasons may be plotted in Scotland and exe- 
cuted in England. 

And so in many other cases, if there be not the 


like severity of law in Scotland to restrain offences 


that there is in England, whereof we are here igno- 
rant whether there be or no, it will be a gap or stop 
even for English subjects to escape and avoid the 
laws of England. 

But for treasons, the best is that by the statute 
of 26 K. Henry VIII. cap. 13, any treason committed 
in Scotland may be proceeded with in England, as 


38 UNION OF ENGLAND AND SCOTLAND. 


well as treasons committed in France, Rome, or 
elsewhere. 

For courts of justice, trials, processes, and other 
administration of laws, to make any alteration in 
either nation, it will be a thing so new and unwonted 
to either people, that it may be doubted it will make 
the adminstration of justice, which of all other things 
ought to be known and certain as a beaten way, to 
become intricate and uncertain. And besides, I do 
not see that the severalty of administration of justice 
though it be by court sovereign of last resort, I mean 
without appeal or error, is any impediment at all to 
the union of a kingdom: as we see by experience in 
the several courts of parliament in the kingdom 
of France. And I have been always of opinion, that 
the subjects of England do already fetch justice 
somewhat far off, more than in any nation that I 
know, the largeness of the kingdom considered, 
though it be holpen in some part by the circuits of 
the judges ; and the two councils at York, and in 
the marches of Wales established. 

But it may be a good question, whether, as 
« commune vinculum” of the justice of both nations, 
your majesty should not erect some court about your 
person, in the nature of the grand council of France : 
to which court you might, by way of evocation, 
draw causes from the ordinary judges of both na- 
tions; for so doth the French king from all the 
courts of parliament in France ; many of which are 
more remote from Paris than any part of Scotland is 
from London. 


UNION OF ENGLAND AND SCOTLAND. 39 


For receits and finances, I see no question will 
arise, in regard it will be matter of necessity to esta- 
blish in Scotland a receit of treasure for payments 
and erogations to be made in those parts: and for® 
the treasure of spare, in either receits, the custodies 
thereof may well be_several; considering by your 
majesty’s commandment they may be at all times 
removed or disposed according to your majesty’s 
occasions. 

For the patrimonies of both crowns, I see no 
question will arise, except your majesty would be 
pleased to make one compounded annexation, for an 
inseparable patrimony to the crown out of the lands 
of both nations: and so the like for the principality 
of Britain, and for other appennages of the rest of 
your children: erecting likewise such duchies and 
honours, compounded of the possessions of both na- 
tions, as shall be thought fit. 

For admiralty or navy, I see no great question 
will arise; for I see no inconvenience for your 
majesty to continue shipping in Scotland. And for 
the jurisdictions of the admiralties, and the profits 
and casualties of them, they will be respective unto 
the coasts, over-against which the seas lie and are 
situated; as it is here with= the admiralties of 
England. 

And for merchandising, it may be a question, 
whether that the companies, of the merchant adven- 
turers, of the Turkey merchants, and the Muscovy 
merchants, if they shall be continued, should not be 
compounded of merchants of both nations, English 


40 UNION OF ENGLAND AND SCOTLAND. 


and Scotish. For to leave trade free in the one na- 
tion, and to have it restrained in the other, may per- 
case breed some inconvenience. 

» For freedoms and liberties, the charters of both 
nations may be reviewed ; and of such libertiés as are 
agreeable and convenient for the subjects and people 
of both nations, one great charter may be made and 
confirmed to the subjects of Britain; and those 
liberties which are peculiar or proper to either na- 
tion, to stand in state as they do. 

But for imposts and customs, it will be a great 
question how to accommodate them and reconcile 
them: for if they be much easier in Scotland than 
they be here in England, which is a thing I know 
not, then this inconvenience will follow; that the 
merchants of England may unlade in the ports of 
Scotland: and this kingdom to be served from 
thence, and your majesty’s customs abated. 

And for the question, whether the Scotish mer- 
chants should pay strangers custom in England ? 
that resteth upon the point of naturalization, which 
I touched before. 

Thus have I made your majesty a brief and 
naked memorial of the articles and points of this 
great cause, which may serve only to excite and stir 
up your majesty’s royal judgment, and the judgment 
of wiser men whom you will be pleased to call to it ; 
wherein I will not presume to persuade or dissuade 
any thing; nor to interpose mine own opinion, but 
do expect light from your majesty’s royal directions ; 
unto the which I shall ever submit my judgment, 


UNION OF ENGLAND AND SCOTLAND. 41 


and apply my travails. And I most humbly pray 
your majesty, in this which is done to pardon my 
errors, and to cover them with my good intention 
and meaning, and desire I have to do your majesty 
service, and to acquit the trust that was reposed 
in me, and chiefly in your majesty’s benign and gra- 
cious acceptation. 


THE MOST HUMBLE 
CERTIFICATE OR RETURN 
OF THE 
COMMISSIONERS OF ENGLAND AND SCOTLAND, 


AUTHORISED TO TREAT OF 


AN UNION FOR THE WEAL OF BOTH REALMS. 


2 Jac. I. (Prepared, but Altered.] 


We the commissioners for England and Scotland 
respectively named and appointed, in all humbleness 
do signify to his most excellent majesty, and to the 
most honourable high courts of parliament of both 
realms, that we have assembled ourselves, consulted 
and treated according to the nature and limits of 
our commission; and forasmuch as we do find that 
hardly within the memory of all times, or within the 
compass of the universal world, there can be shewed 
forth a fit example or precedent of the work we 
have in hand concurring in all points material, we 
thought ourselves so much the more bound to resort 
to the infallible and original grounds of nature and 
common reason, and freeing ourselves from the lead- 
ing or misleading of examples, to insist and fix our 
considerations upon the individual business in hand, 
without wandering or discourses. 

It seemed therefore unto us a matter demonstra- 


CERTIFICATE TOUCHING THE UNION. 43 


tive by the light of reason, that we were in first 
place to begin with the remotion and abolition of all 
manner of hostile, envious, or malign laws on either 
side, being in themselves mere temporary, and now 
by time become directly contrary to our present 
most happy estate; which laws, as they are already 
dead in force and vigour, so we thought fit now 
to wish them buried in oblivion; that by the utter 
extinguishment of the memory of discords past, 
we may avoid all seeds of relapse into discords 
to come. 

Secondly, as matter of nature not unlike the 
former, we entered into consideration of such limit- 
any constitutions as served but for to obtain a form 
of justice between subjects under several monarchs, 
and did in the very grounds and motives of them 
presuppose incursions, and intermixture of hostility : 
all which occasions, as they are in themselves now 
vanished and done away, so we wish the abolition 
and cessation thereof to be declared. 

Thirdly, for so much as the principal degree to 
union is communion and participation of mutual 
commodities and benefits, it appeared to us to follow 
next in order, that the commerce between both 
nations be set open and free, so as the commodities 
and provisions of either may pass and flow to and 
fro, without any stops or obstructions, into the veins 
of the whole body, for the better sustentation and 
comfort of all the parts: with caution nevertheless, 
that the vital nourishment be not so drawn into one 


44, CERTIFICATE TOUCHING THE UNION. 


part, as it may endanger a consumption and wither- 
ing of the other. 

Fourthly, after the communion and participation 
by commerce, which can extend but to the transmis- 
sion of such commodities as are moveable, personal, 
and transitory, there succeeded naturally that other 
degree, that there be made a mutual endowment 
and donation of either realm towards other of the 
abilities and capacities to take and enjoy things 
which are permanent, real and fixed; as namely, 
freehold and inheritance, and the like: and that 
as well the internal and vital veins of blood be 
opened from interruption and obstruction in making 
pedigree, and claiming by descent, as the external 
and elemental veins of passage and commerce; with 
reservation nevertheless unto the due time of such 
abilities and capacities only, as no power on earth 
can confer without time and education. 

And lastly, because the perfection of this blessed 
work consisteth in the union, not only of the solid 
parts of the estate, but also in the spirit and sinews 
of the same, which are the laws and government, 
which nevertheless are already perfectly united in the 
head, but require a further time to be united in the 
bulk and frame of the whole body ; in contemplation 
hereof we did conceive that the first step thereunto was 
to provide, that the justice of either realm should aid 
and assist, and not frustrate and interrupt the justice 
of the other, specially in sundry cases criminal ; so 
that either realm may not be abused by malefactors 


CERTIFICATE TOUCHING THE UNION. 45 


as a sanctuary or place of refuge to avoid the 
condign punishment of their crimes and offences. 

All which several points, as we account them, 
summed up and put together, but as a degree or 
middle term to the perfection of this blessed work; 
so yet we conceived them to make a just and fit 
period for our present consultation and proceeding. 

And for so much as concerneth the manner of 
our proceedings, we may truly make this attestation 
unto ourselves, that as the mark we shot at was union 
and unity, so it pleased God in the handling thereof 
to bless us with the spirit of unity, insomuch as from 
our first sitting unto the breaking up of our assembly, 
a thing most rare, the circumstance of the cause and 
persons considered, there did not happen or in- 
tervene, neither in our debates or arguments, any 
manner of altercation or strife of words; nor in our 
resolutions any variety or division of votes, but the 
whole passed with an unanimity and uniformity 
of consent: and yet so, as we suppose, there was 
never in any consultation greater plainness and 
liberty of speech, argument and debate, replying, 
contradicting, recalling any thing spoken where 
cause was, expounding any matter ambiguous or 
mistaken; and all other points of free and friendly 
interlocution and conference, without cavillations, ad- 
vantages, or overtakings: a matter that we cannot 
ascribe to the skill or temper of our own carriage, 
but to the guiding and conducting of God’s holy 
providence and will, the true author of all unity and 
agreement. Neither did we, where the business 


46 CERTIFICATE TOUCHING THE UNION. 


required, rest so upon our own sense and opinions, 
but we did also aid and assist ourselves, as well with 
the reverend opinion of judges and persons of great 
science and authority in the laws, and also with the 
wisdom and experience of merchants, and men ex- 
pert in commerce. In all which our proceedings, 
notwithstanding, we are so far from pretending or 
aiming at any prejudication, either of his royal 
majesty’s sovereign and high wisdom, which we 
do most dutifully acknowledge to be able to pierce 
and penetrate far beyond the reach of our capa- 
cities ; or of the solid and profound judgment of the 
high courts of parliament of both realms, as we do 
in all humbleness submit our judgments and doings 
to his sacred majesty, and to the parliaments, pro- 
testing our sincerity, and craving gracious and 
benign construction and acceptation of our travails. 
We therefore with one mind and consent have 
agreed and concluded, that there be propounded and 
_ presented to his majesty and the parliament of both 
realms, these articles and propositions following. . . 


A SPEECH 


USED BY 


SIR FRANCIS BACON, KNIGHT, 


IN THE HONOURABLE HOUSE OF COMMONS, QUINTO JACOBI, 


CONCERNING THE ARTICLE OF 
THE GENERAL NATURALIZATION 
OF 


THE SCOTISH NATION. 


Ir may please you, Mr. Speaker, preface I will use 
none, but put myself upon your good opinion, to 
which I have been accustomed beyond my deserving’ ; 
neither will I hold you in suspense what way I will 
choose, but now at the first I declare myself, that I 
mean to counsel the house to naturalize this nation: 
wherein, nevertheless, I have a request to make unto 
you, which is of more efficacy to the purpose I have 
in hand than all that I shall say afterwards. And it 
is the same request, which Demosthenes did more 
than once, in great causes of estate, make to the 
people of Athens, “ ut cum calculis suffragiorum 
“sumant magnanimitatem reipublice,’ that when 
they took into their hands the balls, whereby to give 
their voices, according as the manner of them was, 
they would raise their thoughts, and lay aside those 
considerations, which their private vocations and 


48 OF GENERAL NATURALIZATION. 


degrees might minister and represent unto them, and 
would take upon them cogitations and minds agree- 
able to the dignity and honour of the estate. 

For, Mr. Speaker, as it was aptly and sharply 
said by Alexander to Parmenio, when upon their 
recital of the great offers which Darius made, Par- 
menio said unto him, “ I would accept these offers, 
“were I as Alexander:” he turned it upon him 
again, “ So would I,” saith he, “were I as Parmenio.” 
So in this cause, if an honest English merchant, I do 
not single out that state in disgrace, for this island 
ever held it honourable, but only for an instance of 
a private profession, if an English merchant should 
say, “ Surely I would proceed no farther in the 
“ union, were I as the king;” it might be reason- 
ably answered, “ No more would the king, were he 
“ as an English merchant.” And the like may be 
said of a gentleman of the country, be he never so 
worthy or sufficient ; or of a lawyer, be he never so 
wise or learned ; or of any other particular condition 
of men in this kingdom: for certainly, Mr. Speaker, 
ifa man shall be only or chiefly sensible of those re- 
spects which his particular vocation and degree shall 
suggest and infuse into him, and not enter into true 
and worthy considerations of estate, he shall never 
be able aright to give counsel, or take counsel in this 
matter. So that if this request be ee I ac- 
count the cause obtained. 

But to proceed to the matter itself: all consul- 
tations do rest upon questions comparative; for when 
a question is “ de vero,” it is simple, for there is but 


OF GENERAL NATURALIZATION. 49 


one truth; but when a question is “ de bono,” it is 
for the most part comparative ; for there be differing 
degrees of good and evil, and the best of the good is 
to be preferred and chosen, and the worst of the evil 
is to be declined and avoided; and therefore in a 
question of this nature you may not look for answer 
proper to every inconvenience alleged; for some- 
what that cannot be especially answered may, never- 
theless, be encountered and over weighed by matter 
of greater moment, and therefore the matter which 
I shall set forth unto you will naturally receive the 
distribution of three parts. 

First an answer to those inconveniences which 
have been alleged to ensue, if we should give way 
to this naturalization ; which, I suppose, you will not 
find to be so great as they have been made; but that 
much dross is put into the balance to help to make 
weight. 7 

Secondly, an encounter against the remainder of 
these inconveniences which cannot properly be an- 
swered, by much greater inconveniences, which we 
shall incur if we do not proceed to this naturaliza- 
tion, 

Thirdly, an encounter likewise, but of another 
nature, that is, by the gain and benefit which we 
shall draw and purchase to ourselves by proceeding 
to this naturalization, And yet, to avoid confusion, 
which evermore followeth upon too much generality, 
it is necessary for me, before I proceed to persuasion, 
to use some distribution of the points or parts of na- 
turalization, which certainly can be no better, or none 
other, than the ancient distinction of “ jus civitatis, 


VOL. Y. E 


50 OF GENERAL NATURALIZATION. 


“jus suffragii vel tribus,” and “jus petitionis sive 
“ honorum:” for all ability and capacity is either of 
private interest of “meum et tuum,” or of public 
service; and the public consisteth chiefly either in 
voice, or in action, or office. Now it is the first of 
these, Mr. Speaker, that I will only handle at this 
time and in this place, and refer the other two for a 
committee, because they receive more distinction and 
restriction. 

To come therefore to the inconveniences alleged 
on the other part, the first of them is, that there may 
ensue of this naturalization a surcharge of people 
upon this realm of England, which is supposed 
already to have the full charge and content: and 
therefore there cannot be an admission of the adop- 
tive without a diminution of the fortunes and con- 
ditions of those that are native subjects of this 
realm. A grave objection, Mr. Speaker, and very 
dutiful ; for it proceeds not of any unkindness to the 
Scotish nation, but of a natural fastness to ourselves; 
for that answer of the virgins, “ Ne forte non suffi- 
“ ciat vobis et nobis,” proceeded not out of any envy 
or malign humour, but out of providence, and the 
original charity which begins with ourselves. And 
I must confess, Mr. Speaker, that as the gentleman 
said, when Abraham and Lot, in regard of the great- 
ness of their families, grew pent and straitened, it is 
true, that, brethren though they were, they grew to 
difference, and to those words, “ Vade tu ad dexte- 
“ram, et egoad sinistram,” &c. But certainly, [should 
never have brought that example on that side; for 
we see what followed of it, how that this separation 


OF GENERAL NATURALIZATION. 51 


“ad dexteram et ad sinistram” caused the miserable 
captivity of the one brother, and the dangerous, 
though prosperous war of the other, for his rescue 
and recovery. + 

But to this objection, Mr. Speaker, being so 
weighty and so principal, I mean to give three several 
answers, every one of them being, to my under- 
standing, by itself sufficient. 

The first is, that this opinion of the number of 
the Scotish nation, that should be likely to plant 
themselves here amongst us, will be found to be 
a thing rather in conceit than in event; for, Mr. 
Speaker, you shall find those plausible similitudes, 
of a tree that will thrive the better if it be removed 
into the more fruitful soil; and of sheep or cattle, 
that if they find a gap or passage open will leave the 
more barren pasture, and get into the more rich and 
plentiful, to be but arguments merely superficial, and 
to have no sound resemblance with the transplanting 
or transferring of families; for the tree, we know, 
by nature, as soon as it is set in the better ground, 
can fasten upon it, and take nutriment from it: and 
a sheep, as soon as he gets into the better pasture, 
what should let him to graze and feed? But there 
belongeth more, I take it, to a family or particular 
person, that shall remove from one nation to another : 
for if, Mr. Speaker, they have not stock, means, 
acquaintance, and custom, habitation, trades, counte- 
nance, and the like, I hope you doubt not but they 
will starve in the midst of the rich pasture, and are 
far enough off from grazing at their pleasure: and 


52 OF GENERAL NATURALIZATION. 


therefore in this point, which is conjectural, experi- 
ence is the best guide; for the time past is a pattern 
of the time to come. I think no man doubteth, 
Mr. Speaker, but his majesty’s first coming in was as 
the greatest spring-tide for the confluence and en- 
trance of that nation. Now I would fain understand, 
in these four years’ space, and in the fulness and 
strength of the current and tide, how many families 
of Scotchmen are planted in the cities, boroughs, and 
towns of this kingdom; for I do assure myself, that, 
more than some persons of quality about his majesty’s 
person here at court, and in London, and some other 
inferior persons, that have a dependence upon them, 
the return and certificate, if such a survey should be 
made, would be of a number extremely small: I re- 
port me to all your private knowledges of the places 
where you inhabit. 

Now, Mr. Speaker, as I said, “ Si in ligno viridi 
“ ita fit, quid fiet in arido ?” T am sure there will be 
no more such spring-tides. But you will tell me of 
a’ multitude of families of the Scotish nation in 
Polonia; and if they multiply in a country so far off, 
how much more here at hand? For that, Mr. 
Speaker, you must impute it of necessity to some 
special accident of time and place that draws them 
thither: for you see plainly before your eyes, that in 
Germany, which is much nearer, and in France, 
where they are invited with privileges, and with this 
very privilege of naturalization, yet no such number 
can be found: so as it cannot either be nearness of 
place, or privilege of person, that is the cause. But 


OF GENERAL NATURALIZATION. So 


shall I tell you, Mr. Speaker, what I think? Of all 
the places in the world, near or far off, they will 
never take that course of life in this kingdom, which 
they content themselves with in Poland ; for we see 
it to be the nature of all men that they will rather 
discover poverty abroad, than at home. There is 
never a gentleman that hath overreached himself in 
expence, and thereby must abate his countenance, 
but he will rather travel, and do it abroad than at 
home: and we know well they have good high 
stomachs, and have ever stood in some terms of 
emulation with us: and therefore they will never 
live here, except they can live in good fashion. So 
as I assure you, Mr. Speaker, I am of opinion that 
the strife which we now have to admit them, will 
have like sequel as that contention had between the 
nobility and people of Rome for the admitting of 
a plebeian consul; which whilst it was in passage 
was very vehement, and mightily stood upon, and 
when the people had obtained it, they never made 
any plebeian consul, not in sixty years after : and so 
will this be for many years, as I am persuaded, rather 
a matter in opinion and reputation, than in use or 
effect. And this is the first answer that I give to 
this main inconvenience pretended, of surcharge of 
people. 

The second answer which I give to this objection, 
is this: I must have leave to doubt, Mr. Speaker, 
that this realm of England is not yet peopled to the 
full ; for certain it is, that the territories of France, 
Italy, Flanders, and some part of Germany, do in 


54 OF GENERAL NATURALIZATION. 


equal space of ground bear and contain a far greater 
quantity of people, if they were mustered by the 
poll; neither can I see, that this kingdom is so much 
inferior unto those foreign parts in fruitfulness, as it 
is in population; which makes me conceive we have 
not our full charge. Besides, I do see manifestly 
amongst us the badges and tokens rather of scarce- 
‘ness, than of press of people, as drowned grounds, com- 
mons, wastes, and the like, which is aplain demonstra- 
tion, that howsoever there may be an over-swelling 
throng and press of people here about London, which 
is most in our eye, yet the body of the kingdom is but 
thin sown with people ; and whosoever shall compare 
the ruins and decays of ancient towns in this realm, 
with the erections and augmentations of new, cannot 
but judge that this realm hath been far better 
peopled in former times; it may be, in the heptar- 
chy, or otherwise: for generally the rule holdeth, 
the smaller the state the greater the population, 
“ pro rata.” And whether this be true or no, we 
need not seek farther, than to call to our remem- 
brance how many of us serve here in this place for 
desolate and decayed boroughs. 

Again, Mr. Speaker, whosoever looketh into the 
principles of estate, must hold that it is the mediter- 
rane countries, and not the maritime, which need to 
fear surcharge of people; for all sea provinces, and 
especially islands, have another element besides the 
earth and soil, for their sustentation. For what an 
infinite number of people are, and may be, sustained 
by fishing, carriage by sea, and merchandising ? 


OF GENERAL NATURALIZATION. 55 


Wherein again I do discover, that we are not at all 
pinched by the multitude of people; for if we were, 
it were not possible that we should relinquish and 
resign such an infinite benefit of fishing to the Flem- 
ings, as it is well known we do. And therefore I 
see, that we have wastes by sea, as well as by land ; 
which still is an infallible argument that our industry 
is not awakened to seek maintenance by any over- 
great press or charge of people. And lastly, Mr. 
Speaker, there was never any kingdom in the ages 
of the world had, I think, so fair and happy means to 
issue and discharge the multitude of their people, if 
it were too great, as this kingdom hath, in regard of 
that desolate and wasted kingdom of Ireland; which 
being a country blessed with almost all the dowries 
of nature, as rivers, havens, woods, quarries, good 
soil, and temperate climate, and now at last under 
his majesty blessed also with obedience, doth, as 
it were, continually call unto us for our colonies and 
plantations. And so I conclude my second an- 
swer to this pretended inconvenience, of surcharge of 
people. 

The third answer, Mr. Speaker, which I give, is 
this: I demand what is the worst effect that can fol- 
low of surcharge of people? Look into all stories, 
and you shall find it none other than some honour- 
able war for the enlargement.of their borders, which 
find themselves pent, upon foreign parts ; which in- 
convenience, in a valorous and warlike nation, I 
know not whether I should term an inconvenience or 
no; for the saying is most true, though in another 


56 OF GENERAL NATURALIZATION. 


sense, “ Omne solum forti patria.” It was spoken 
indeed of the patience of an exiled man, but it is no 
less true of the valour of a warlike nation. And 
certainly, Mr. Speaker, I hope I may speak it 
without offence, that if we did hold ourselves worthy, 
whensoever just cause should be given, either to 
recover our ancient rights, or to revenge our late 
wrongs, or to attain the honour of our ancestors, or 
to enlarge the patrimony of our posterity, we would 
never in this manner forget considerations of ampli- 
tude and greatness, and fall at variance about profit 
and reckonings; fitter a great deal for private 
persons than for parliaments and kingdoms. And 
thus, Mr. Speaker, I have this first objection to such 
satisfaction as you have heard. 

The second objection is, that the fundamental 
laws of both these kingdoms of England and Scot- 
land are yet diverse and several; nay more, that it 
is declared by the instrument, that they shall so con- 
tinue, and that there is no intent in his majesty to 
make innovation in them: and therefore that it 
should not be seasonable to proceed to this naturali- 
zation, whereby to endow them with our rights and 
privileges, except they should likewise receive and 
submit themselves to our laws; and this objection 
likewise, Mr. Speaker, I allow to be a weighty 
objection, and worthy to be well answered and 
discussed. 

The answer which I shall offer is this: It is true, 
for my own part, Mr. Speaker, that I wish the 
Scotish nation governed by our laws; for I hold our 


chin rail 
== 


OF GENERAL NATURALIZATION, o7 


laws with some reducement worthy to govern, and it 
were the world: but this is that which I say, and I 
desire therein your attention, that, according to true 
reason of estate, naturalization is in order first and 
precedent to union of laws; in degree a less matter 
than union of laws; and in nature separable, not in- 
separable from union of laws ; for naturalization doth 
but take out the marks of a foreigner, but union of 
laws makes them entirely as ourselves. Naturaliza- 
tion taketh away separation ; but union of laws doth 
take away distinction. Do we not see, Mr. Speaker, 
that in the administration of the world under the 
great monarch God himself, that his laws are di- 
verse ; one law in spirits, another in bodies ; one law 
in regions celestial, another in elementary; and yet 
the creatures are all one mass or lump, without any 
“vacuum” or separation ? Do we not likewise see in 
the state of the Church, that amongst people of all 
languages and lineages there is one communion of 
saints, and that we are all fellow-citizens and natura- 


lized of the heavenly Jerusalem ; and yet neverthe- 


less divers and several ecclesiastical laws, policies, 
and hierarchies, according to the speech of that 
worthy father, ‘‘ In veste varietas sit, scissura non 
“sit?” And therefore certainly, Mr. Speaker, the 
bond of law is the more special and private bond, 
and the bond of naturalization the more common 
and general ; for the laws are rather “ figura reipub- 
“ lice” than “ forma,” and rather bonds of perfection 
than bonds of entireness: and therefore we see in the 
experience of our own government, that in the king- 


58 OF GENERAL NATURALIZATION. 


dom of Ireland, all our statute laws, since Poyning’s 
laws, are not in force; and yet we deny them not the . 
benefit of naturalization. In Guernsey and Jersey 
and the Isle of Man, our common laws are not in 
force, and yet they have the benefit of naturaliza- 
tion; neither need any man doubt but that our 
laws and customs must in small time gather and win 
upon theirs; for here is the seat of the kingdom, 
whence come the supreme directions of estate: here 
is the king’s person and example, of which the verse 
saith, “‘ Regis ad exemplum totus componitur orbis.” 
And therefore it is not possible, although not by 
solemn and formal act of estates, yet by the secret 
operation of no long time, but they will come under 
the yoke of our laws, and so “ dulcis tractus pari 
“ jugo.” And this is the answer I give to the second 
objection. 

The third objection is, some inequality in the 
fortunes of these two nations, England and Scotland, 
by the commixture whereof there may ensue ad- 
vantage to them and loss to us. Wherein, Mr. 
Speaker, it is well that this difference or disparity 
consisteth but in the external goods of fortune: for 
indeed it must be confessed, that for the goods of the 
mind and the body, they are “ alteri nos,” other our- 
selves; for to do them but right, we know in their 
capacities and understandings they are a people in- 
genious, in labour industrious, in courage valiant, 
in body hard, active, and comely. More might 
be said, but in commending them we do but 
in effect commend ourselves: for they are of one 


OF GENERAL NATURALIZATION, 59 


piece and continent with us; and the truth is, 
we are participant both of their virtues and vices. 
For if they have been noted to be a people not so 
tractable in government, we cannot, without flatter- 
ing ourselves, free ourselves altogether from that 
fault, being a thing indeed incident to all martial 
people; as we see it evident by the example of the 
Romans and others; even like unto fierce horses, 
that though they be of better service than others, 
yet are they harder to guide and manage. 

But for this objection, Mr. Speaker, I purpose to 
answer it, not by the authority of Scriptures, which 
saith,“ Beatius est dare quam accipere,” but by an 
authority framed and derived from the judgment of 
ourselves and our ancestors in the same case as to 
this point. For, Mr. Speaker, in all the line of our 
kings none useth to carry greater commendation 
than his majesty’s noble progenitor king Edward the 
first of that name; and amongst his other commen- 
dations, both of war and policy, none is -more 
celebrated than his purpose and enterprise for the 
conquest of Scotland, as not bending his designs 
to glorious acquests abroad, but to solid strength at 
home; which, nevertheless, if it had succeeded well, 
could not but have brought in all those incon- 
veniences of the commixture of a more opulent king- 
dom with a less, that are now alleged. For it 
is not the yoke, either of our laws or arms, that can 
alter the nature of the climate or the nature of the 
soil; neither is it the manner of the commixture 
that can alter the matter of the-commixture: and 


60 OF GENERAL NATURALIZATION. 


therefore, Mr. Speaker, if it were good for us then, 
it is good for us now, and not to be prised the less 
because we paid not so dear for it. But a more full 
answer to this objection I refer over to that, which 
will come after, to be spoken touching surety and 
greatness. 

The fourth objection, Mr. Speaker, is not pro- 
perly an objection, but rather a pre-occupation of an 
objection of the other side; for it may be said, and 
very materially, Whereabout do we contend? The 
benefit of naturalization is by the law, in as many as 
have been or shall be born since his majesty’s coming 
to the crown, already settled and invested. There is 
no more then but to bring the “ ante-nati” into the 
degree of the “ post-nati, that men grown that have 
well deserved, may be in no worse case than children 
which have not deserved, and elder brothers in no 
worse case than younger brothers; so as we stand 
upon “ quiddam,” not “ quantum,” being but a little 
difference of time of one generation from another. 
To this, Mr. Speaker, it is said by some, that the law 
is not so, but that the “ post-nati’ are aliens as well 
as the rest. A point that I mean not much to 
argue, both because it hath been well spoken to by 
the gentleman that spoke last before me; and 
because I do desire in this case and in this place 
to speak rather of conveniency than of law; only 
this I will say, that that opinion seems to me con- 
trary to reason of law, contrary to form of pleading 
in law, and contrary to authority and experience of 
law. For reason of law, when I meditate of it, me- 


eS 
OF GENERAL NATURALIZATION. 61 


thinks the wisdom of the common laws of England 
well observed, is admirable in the distribution of the 
benefit and protection of the laws, according to the 
several conditions of persons, in an excellent propor- 
tion. The degrees are four, but bipartite, two of 
aliens and two of subjects. 

The first degree is of an alien born under a king 
or state, that is an enemy. If such an one come 
into this kingdom without safe-conduct, it is at his 
peril: the law giveth him no protection, neither for 
body, lands, nor goods; so as if he be slain there is 
no remedy by any appeal at the party’s suit, although 
his wife were an English woman: marry at the 
king’s suit, the case may be otherwise in regard of 
the offence to the peace. 

The second degree is of an alien that is born 
under the faith and allegiance of a king or state that 
is a friend. Unto such a person the law doth 
impart a greater benefit and protection, that is, con- 
cerning things personal, transitory, and moveable, as 
goods and chattles, contracts, and the like, but not 
concerning freehold and inheritance. And the rea- 
son is, because he may be an enemy, though he 
be not; for the state under the obeisance of which 
he is, may enter into quarrel and hostility; and 
therefore as the law hath but a transitory assurance 
of him, so it rewards him but with transitory 
benefits. 

The third degree is of a subject, who having 
been an alien, is made free by charter and denization. 
To such an one the law doth impart yet a more am- 


° 
62 ; OF GENERAL NATURALIZATION. 


ple benefit; for it gives him power to purchase free. 
hold and inheritance to his own use, and likewise 
enables the children born after his denization to 
inherit. But yet nevertheless he cannot make title 
or convey pedigree from any ancestor paramount ; 
for the law thinks not good to make him in the same 
degree with a subject born, because he was once an 
alien, and so might once have been an enemy: and 
“ nemo subito fingitur,” men’s affections cannot be so 
settled by any benefit, as when from their nativity 
they are inbred and inherent. 

And the fourth degree, which is the perfect 
degree, is of such a person as neither is enemy, nor 
could have been enemy in time past, nor can be 
enemy in time to come; and therefore the law gives 
unto him the full benefit of naturalization. 

Now, Mr. Speaker, if these be the true steps and 
paces of the law, no man can deny but whosoever is 
born under the king’s obedience, never could “ in 
“ aliquo puncto temporis” be an enemy, a rebel 
he might be, but no enemy, and therefore in reason 
of law is naturalized. Nay, contrariwise, he is bound 
“jure nativitatis” to defend this kingdom of England 
against all invaders or rebels; and therefore as he is 
obliged to the protection of arms, and that per- 
petually and universally, so he is to have the perpetual 
and universal benefit and protection of law, which is 
naturalization. 

For form of pleading, it is true that hath been 
said, that if a man would plead another to be an 
alien, he must not only set forth negatively and pri- 


OF GENERAL NATURALIZATION. 63 


vatively, that he was born out of the obedience of our 
sovereign lord the king, but affirmatively, under the 
obedience of a foreign king or state in particular, 
which can never be done in this case, 

As for authority, I will not press it; you know 
all what hath been published by the king’s procla- 
mation. And for experience of law we see it in the 
subjects of Ireland, in the subjects of Guernsey and 
Jersey, parcels of the duchy of Normandy ; in the 
subjects of Calais, when it was English, which was 
parcel of the crown of France. But, as I said, I am 
not willing to enter into an argument of law, but to 
hold myself to point of conveniency, so as for my part 
I hold all “ post-nati” naturalized “ ipso jure ;” but 
yet I am far from opinion, that it should be a thing 
superfluous to have it done by parliament ; chiefly in 
respect of that true principle of state, “ Principum 
“actiones precipue ad famam sunt componende.” It 
will lift up a sign to all the world of our love towards 
them, and good agreement with them. And these 
are, Mr. Speaker, the material objections which have 
been made on the other side, whereunto you have 
heard my answers; weigh them in your wisdoms, 
and so I conclude that general part. 

Now, Mr. Speaker, according as I promised, 
I must fill the other balance in expressing unto you 
the inconveniences which we shall incur, if we shall 
not proceed to this naturalization: wherein that in- 
convenience, which above all others, and alone by it- 
self, if there were none other, doth exceedingly move 
me, and may move you, is a position of estate, 


64. OF GENERAL NATURALIZATION. 


collected out of the records of time, which is this: 
that wheresoever several kingdoms or estates have 
been united in sovereignty, if that union hath not 
been fortified and bound in with a farther union, and 
namely, that which is now in question, of naturaliza- 
tion, this hath followed, that at one time or other 
they have broken again, being upon all occasions apt 
to revolt and relapse to the former separation. 

Of this assertion the first example which I will 
set before you, is of that memorable union which 
was between the Romans and the Latins, which con- 
tinued from the battle at the lake of Regilla, for 
many years, unto the consulships of C. Plautius and 
L. Amilius Mamercus.* At what time there began, 
about this very point of naturalization, that war 
which was called “ Bellum sociale,” being the most 
bloody and pernicious war that ever the Roman state 
endured: wherein, after numbers of battles and in- 
finite sieges and surprises of towns, the Romans in 
the end prevailed and mastered the Latins; but as 
soon as ever they had the honour of the war, looking 
back into what perdition and confusion they were 
near to have been brought, they presently natura- 
lized them all. You speak of a naturalization in 
blood; there was a naturalization indeed in blood. 

Let me set before you again the example of 
Sparta, and the rest of Peloponnesus their associates. 
The state of Sparta was a nice and jealous state in 


* 169 years after that battle. There are extant at this day 
coins or medals, in memory of a battle fought by this C. Plautius 
at Privernum. Another copy hath of 7. Manlius and P. Decius. 


OF GENERAL NATURALIZATION. 65 


this point of imparting naturalization to their confe- 
derates. But what was the issue of it? After they 
had held them in a kind of society and amity for 
divers years, upon the first occasion given, which was 
no more than the surprisal of the castle of Thebes, 
by certain desperate conspirators in the habit of 
maskers, there ensued immediately a general revolt 
and defection of their associates; which was the ruin 
of their state, never afterwards to be recovered. 

Of later times let me lead your consideration to 
behold the like events in the kingdom of Arragon ; 
which kingdom was united with Castile and the rest 
of Spain in the persons of Ferdinando and Isabella, 
and so continued many years; but yet so as it stood 
a kingdom severed and divided from the rest of the 
body of Spain in privileges, and directly in this point 
of naturalization, or capacity of inheritance. What 
came of this? Thus much, that now of fresh me- 
mory, not past twelve years since, only upon the 
voice of a condemned man out of the grate of a pri- 
son towards the street, that cried “ Fueros, Libertad, 
“Libertad,” which is as much as, liberties or privileges, 
there was raised a dangerous rebellion, which was 
suppressed with great difficulty with an army royal. 
After which victory nevertheless, to shun farther in- 
convenience, their privileges were disannulled, and 
they were incorporated with Castile and the rest of 
Spain. Upon so small a spark, notwithstanding so _ 
long continuance, were they ready to break and 
sever again. 

The like may be said of the states of Florence 

VOL. V. F 


66 OF GENERAL NATURALIZATION. 


and Pisa, which city of Pisa being united unto Flo- 
rence, but not endowed with the benefit of naturali- 
zation, upon the first light of foreign assistance, by 
the expedition of Charles VIII. of France into Italy, 
did revolt; though it be since again re-united and 
incorporated. 

The same effect we see in the most barbarous 
government, which shews it the rather to be an effect 
of nature; for it was thought a fit policy by the 
_council of Constantinople, to retain the three pro- 
vinces of Transylvania, Wallachia, and Moldavia, 
which were as the very nurses of Constantinople, in 
respect of their provisions, to the end they might be 
the less wasted, only under Waywoods as vassals and 
homagers, and not under Bashaws, as provinces of 
the Turkish empire: which policy we see by late ex- 
perience proved unfortunate, as appeared by the 
revolt of the same three provinces, under the arms 
and conduct of Sigismond prince of Transylvania ; 
a leader very famous for atime; which revolt is not 
yet fully recovered. Whereas we seldom or never 
hear of revolts of provinces incorporate to the 
Turkish empire. 

On the other part, Mr. Speaker, because it is 
true what the logicians say, “ Opposita juxta se 
“ posita magis elucescunt :” let us take a view, and 
we shall find that wheresoever kingdoms and states 
have been united, and that union corroborate by the 
bond of mutual naturalization, you shall never ob- 
serve them afterwards, upon any occasion of trouble 
or otherwise, to break and sever again: as we see 


OF GENERAL NATURALIZATION. 67 


most evidently before our eyes, in divers provinces of 
France, that is to say, Guienne, Provence, Nor- 
mandy, Britainy, which, notwithstanding the infinite 
infesting troubles of that olay never offered to 
break again. 

We see the like effect in all the kingdoms of 
Spain, which are mutually naturalized, as Leon, 
Castile, Valentia, Andalusia, Granada, Murcia, To- 
ledo, Catalonia, and the rest, except Arragon, which 
held the contrary course, and therefore had the con- 
trary success, as was said, and Portugal, of which 
there is not yet sufficient trial. And lastly, we see 
the like effect in our own nation, which never rent 
asunder after it was once united; so as we now 
scarce know whether the heptarchy were a true 
story or a fable. And therefore, Mr. Speaker, when 
I revolve with myself these examples and others, so 
lively expressing the necessity of a naturalization to 
avoid a relapse into a separation; and do hear so 
many arguments and scruples made on the other 
side; it makes me think on the old bishop, which, 
upon a public disputation of certain Christian divines 
with some learned men of the heathen, did extremely 
press to be heard; and they were loth to suffer him, 
because they knew he was unlearned, though other- 
wise an holy and well-meaning man: but at last, 
with much ado, he got to be heard; and when he 
came to speak, instead of using argument, he did 
only say over his belief: but did it with such assu- 
rance and constancy, as it did strike the minds of 
those that heard him more than any argument had 


68 OF GENERAL NATURALIZATION. 


done. And so, Mr. Speaker, against all these witty 


and subtle arguments, I say, that I do believe, and I 
would be sorry to be found a prophet in it, that ex- 
cept we proceed with this naturalization, though 


perhaps not in his majesty’s time, who hath such in. | 


terest in both nations, yet in the time of his descend- 


ants these realms will be in continual danger to | 
divide and break again. Now if any man be of that | 


careless mind, ‘“ Maneat nostros ea cura nepotes ;” 


or of that hard mind, to leave things to be tried by _ 
the sharpest sword: sure I am, he is not of St. | c 
Paul’s opinion, who affirmeth, that whosoever useth 


not fore-sight and provision for his family, is worse 


than an unbeliever ; much more, if we shall not use © 
fore-sight for these two kingdoms, that comprehend | 


in them so many families, but leave things open to 


the peril of future divisions. And thus have I ex- | 
pressed unto you the inconvenience, which, of all | 


others, sinketh deepest with me as the most weighty : 


neither do there want other inconveniences, Mr. 


Speaker, the effects and influence whereof, I fear, 


will not be adjourned to so long a day as this that I | 
have spoken of: for I leave it to your wisdom to con- | 
sider whether you do not think, in case, by the : 
denial of this naturalization, any pique, alienation, | 
or unkindness, I do not say should be, but should be | 
thought to be, or noised to be between these two | 


nations, whether it will not quicken and excite all 


the envious and malicious humours, wheresoever, | 


which are now covered, against us, either foreign or 


at home; and soe open the way to practices and other | — 


OF GENERAL NATURALIZATION, 69 


| engines and machinations, to the disturbance of this 
_ state? As for that other inconvenience of his ma- 
| jesty’s engagement to this action, it is too binding 
_ and too pressing to be spoken of, and may do better 
a great deal in your minds than in my mouth, or in 
the mouth of any man else; because, as I say, it 
_ doth press our liberty too far. And therefore, Mr. 
| Speaker, I come now to the third general part of my 
division, concerning the benefits which we shall pur- 
_ chase by this knitting of the knot surer and straiter 
between these two kingdoms, by the communicating 
of naturalization: the benefits may appear to be 
two, the one surety, the other greatness. 

Touching surety, Mr. Speaker, it was well said 
by Titus Quintius the Roman, touching the state of 
Peloponnesus, that the tortoise is safe within her 
shell, “ Testudo intra tegumen tuta est;” but if 
there be any parts that lie open, they endanger all 
the rest. We know well, that although the state at 
this time be in a happy peace, yet for the time past, 
the more ancient enemy to this kingdom hath been 
the French, and the more late the Spaniard; and 
both these had as it were their several postern gates, 
whereby they might have approach and entrance to 
annoy us. France had Scotland, and Spain had 
Ireland; for these were the two accesses which did 
comfort and encourage both these enemies to assail 
and trouble us. We see that of Scotland is cut off 
by the union of these two kingdoms, if that it shall 
be now made constant and permanent; that of Ire- 
land is cut off likewise by the convenient situation of 


70 OF GENERAL NATURALIZATION. 


the west of Scotland towards the north of Ireland, 
where the sore was: which we see, being suddenly 
closed, hath continued closed by means of this salve; 
so that as now there are no parts of this state ex- 
posed to danger to be a temptation to the ambition 
of foreigners, but their approaches and avenues are 
taken away: for I do little doubt but those foreigners 
which had so little success when they had those ad- 
vantages, will have much less comfort now that they 
be taken from them: and so much for surety. 

For greatness, Mr. Speaker, I think a man may 
speak it soberly and without bravery, that this king- 
dom of England, having Scotland united, Ireland 
reduced, the sea provinces of the Low Countries 
contracted, and shipping maintained, is one of the 
greatest monarchies, in forces truly esteemed, that 
hath been in the world. For certainly the kingdoms 
here on earth have a resemblance with the kingdom 
of heaven, which our Saviour compareth, not to any 
great kernel or nut, but to a very small grain, yet 
such an one as is apt to grow and spread; and such 
do I take to be the constitution of this kingdom; if 
indeed we shall refer our counsels to greatness and 
power, and not quench them too much with the con- 
sideration of utility and wealth. For, Mr. Speaker, 
was it not, think you, a true answer that Solon of 
Greece made to the rich king Croesus of Lydia, when 
he shewed unto him a great quantity of gold that 
he had gathered together, in ostentation of his great- 
ness and might? But Solon said to him, contrary 
to his expectation, “‘ Why, sir, if another come that 


| 


ae 
OF GENERAL NATURALIZATION. Tt 


“hath better iron than you, he will be lord of all 
“ your gold.” Neither is the authority of Machiavel 
to be despised, who scorneth that proverb of state, 
taken first from a speech of Mucianus, That moneys 
are the sinews of war; and saith, “ There are no 
“ true sinews of war, but the very sinews of the arms 
“ of valiant men.” 

Nay more, Mr. Speaker, whosoever shall look 
into the seminaries and beginnings of the monarchies 
of the world, he shall find them founded in poverty. 

Persia, a country barren and poor, in respect of 
Media, which they subdued. 

Macedon, a kingdom ignoble and mercenary 
until the time of Philip the son of Amyntas. 

Rome had poor and pastoral beginnings. 

The Turks, a band of Sarmatian Scythes, that in 
a vagabond manner made incursion upon that part 
of Asia, which is yet called Turcomania; out of 
which after much variety of fortune, sprung the Ot- 
toman family, now the terror of the world. 

So, we know, the Goths, Vandals, Alans, Huns, 
Lombards, Normans, and the rest of the northern 
people, in one age of the world made their descent 
or expedition upon the Roman empire, and came not, 
as rovers, to carry away prey, and be gone again; 
but planted themselves in a number of rich and 
fruitful provinces, where not only their generations, 
but their names, remain to this day ; witness Lom- 
bardy, Catalonia, a name compounded of Goth and 
Alan, Andalusia, a name corrupted from Vandalitia, 
Hungaria, Normandy, and others. 


th 


To OF GENERAL NATURALIZATION. 


Nay, the fortune of the Swisses of late years, 
which are bred in a barren and mountainous country, 
is not to be forgotten; who first ruined the Duke of 
Burgundy, the same who had almost ruined the 
kingdom of France, what time, after the battle near 
Granson, the rich jewel of Burgundy, prized at many 
thousands, was sold for a few pence by a common 
Swiss, that knew no more what a jewel meant than 
did Aésop’s cock. And again, the same nation, in 
revenge of a scorn, was the ruin of the French king’s 
affairs in Italy, Lewis XII. For that king, when he 
was pressed somewhat rudely by an agent of the 
Switzers to raise their pensions, brake into words of 
choler: “ What,” said he, “ will these villains of the 
“ mountains put a tax upon me?” Which words lost 
him his duchy of Milan, and chased him out of Italy. 

All which examples, Mr. Speaker, do well prove 
Solon’s opinion of the authority and mastery that 
iron hath over gold. And therefore, if I shall speak 
unto you mine own heart, methinks we should a 
little disdain that the nation of Spain, which howso- 
ever of late it hath grown to rule, yet of ancient 
time served many ages; first under Carthage, then 
under Rome, after under Saracens, Goths, and 
others, should of late years take unto themselves 
that spirit as to dream of a monarchy in the west, 
according to that device, “ Video solem orientem in 
“ occidente,” only because they have ravished from 
some wild and unarmed people mines and store of 
gold; and on the other side, that this island of Bri- 
tain, seated and manned as it is, and that hath, I 


OF GENERAL NATURALIZATION. 73 


make no question, the best iron in the world, that is, 
the best soldiers in the world, shall think of nothing 
but reckonings and audits, and “ meum et tuum,” 
and I cannot tell what. 

Mr. Speaker, I have, I take it, gone through the 
parts which I propounded to myself, wherein if any 
man shall think that I have sung a “ placebo,” for 
mine own particular, I would have him know that I 
am not so unseen in the world, but that I discern it 
were much alike for my private fortune to rest a 
“ tacebo,” as to sing a “placebo” in this business : 
but I have spoken out of the fountain of my heart, 
“ Credidi propter quod locutus sum:” I believed, 
therefore I spake. So as my duty is performed: the 
judgment is yours; God direct it for the best. 


A SPEECH 
USED BY 


SIR FRANCIS BACON, KNIGHT, 


IN THE LOWER HOUSE OF PARLIAMENT, 


BY OCCASION OF A MOTION CONCERNING THE 


UNION OF LAWS. 


Anp it please you, Mr. Speaker, were it now a time 
to wish, as it is to advise, no man should be more for- 
ward or more earnest than myself in this wish, that 
his majesty’s subjects of England and Scotland were 
governed by one law: and that for many reasons. 

First, Because it will be an infallible assurance 
that there will never be any relapse in succeeding 
ages to a separation. 

Secondly, “ Dulcis tractus pari jugo.” If the 
draught lie most upon us, and the yoke lie lightest 
on them, it is not equal. 

Thirdly, The qualities, and, as I may term it, the 
elements of their laws and ours are such, as do pro- 
mise an excellent temperature in the compounded 
body : for if the prerogative here be too indefinite, it 
may be the liberty there is too unbounded ; if our 
laws and proceedings be too prolix and formal, it 
may be theirs are too informal and summary. 

Fourthly, I do discern to my understanding, there 


OF THE UNION OF LAWS. 75 


will be no great difficulty in this work; for their 
laws, by that I can learn, compared with ours, are 
like their language compared with ours: for as their 
language hath the same roots that ours hath, but 
hath a little more mixture of Latin and French; so 
their laws and customs have the like grounds that 
ours have, with a little more mixture of the civil law 
and French customs. 

Lastly, The mean to this work seemeth to me no 
less excellent than the work itself: for if both laws 
shall be united, it is of necessity for preparation and 
inducement thereunto, that our own laws be reviewed 
and re-compiled; than the which I think there 
cannot be a work, that his majesty can undertake 
in these his times of peace, more politic, more 
honourable, nor more beneficial to his subjects for all 
ages : 

Pace data terris, animum ad civilia vertit 
Jura suum, legesque tulit justissimus auctor. 

For this continual heaping up of laws without di- 
gesting them, maketh but a chaos and confusion, and 
turneth the laws many times to become but snares 
for the people, as is said in the Scripture, “ Pluet 
“super eos laqueos.” Now “ Non sunt pejores 
 Jaquei, quam laquei legum.” And therefore this 
work I esteem to be indeed a work, rightly to term 
it, heroical. So that for this good wish of union of 
laws I do consent to the full: And I think you may 
perceive by that which I have said, that I come not in 
this to the opinion of others, but that I was long 
ago settled in it myself : nevertheless, as this is moved 


76 OF THE UNION OF LAWS. 


out of zeal, so I take it to be moved out of time, as 
commonly zealous motions are, while men are so fast 
carried on to the end,as they give no attention to the 
mean: for if it be time to talk of this now, it is either 
because the business now in hand cannot proceed 
without it, or beeause in time and order this matter 
should be precedent, or because we shall lose some 
advantage towards this effect so much desired, if we 
should go on in the course we are about. But none 
of these three in my judgment are true; and there- 
fore the motion, as I said, unseasonable. 

For first, That there may not be a naturalization 
without an union in laws, cannot be maintained. 
Look into the example of the Church and the union 
thereof. You shall see several Churches, that join in 
one faith, one baptism, which are the points of spiri- 
tual naturalization, do many times in policy, constitu- 
tions, and customs differ: and therefore one of the 
fathers made an excellent observation upon the two 
mysteries ; the one, that in the gospel, where the 
garment of Christ is said to have been without 
seam; the other, that in the psalm, where the gar- 
ment of the queen is said to have been of divers 
colours; and concludeth, “In veste varietas sit, 
“* scissura non sit.” Soin this case, Mr. Speaker, we 
are now in hand to make this monarchy of one 
piece, and not of one colour. Look again into the 
examples of foreign countries, and take that next us 
of France, and there you shall find that they have 
this distribution, “ pais du droit escrit,” and “ pais 
“ du droit coustumier.” For Gascoigne, Languedoc, 


OF THE UNION OF LAWS. 7 Sef 


Provence, Dauphiny, are countries governed by the 
letter, or text of the civil law : but the Isle of France, 
Tourain, Berry, Anjou, and the rest, and most of all 
Britainy and Normandy are governed by customs, 
which amount to a municipal law, and use the civil 
Jaw but only for grounds, and to decide new and 
rare cases; and yet nevertheless naturalization pas- 
seth through all. 

Secondly, That this union of laws should precede 
the naturalization, or that it should go on “ pari 
“‘ passu,” hand in hand, I suppose likewise, can 
hardly be maintained : but the contrary, that natura- 
lization ought to precede, and that not in the pre- 
cedence of an instant; but in distance of time: 
of which my opinion, as I could yield many reasons, 
so because all this is but a digression, and therefore 
ought to be short, I will hold myself now only to one, 
which is briefly and plainly this; that the union of 
laws will ask a great time to be perfected, both for 
the compiling and for the passing of them. During 
all which time, if this mark of strangers should 
be denied to be taken away, I fear it may induce 
such a habit of strangeness, as will rather be an im- 
pediment than a preparation to farther proceeding : 
for he was a wise man that said, “ Opportuni magnis 
* conatibus transitus rerum,” and in these cases, “ non 
“ progredi, est regredi.” And like asin a pair of 
tables, you must put out the former writing before 
you can put in new; and again, that which you 
write in, you write letter by letter ; but that which 
you put out, you put out at once: so we have now 


78 OF THE UNION OF LAWS. 


to deal with the tables of men’s hearts, wherein it is 
in vain to think you can enter the willing acceptance 
of our laws and customs, except you first put forth 
all notes either of hostility or foreign condition: and 
these are to be put out “ simul et semel,” at once 
without gradations; whereas the other points are to 
be imprinted and engraven distinctly and by de- 
grees. 

Thirdly, Whereas it is conceived by some, that 
the communication of our benefits and privileges is a 
good hold that we have over them to draw them to 
submit themselves to our laws, it is an argument of 
some probability, but yet to be answered many 
ways. For first, the intent is mistaken, which is not, 
as I conceive it, to draw them wholly to a subjection 
to our laws, but to draw both nations to one unifor- 
mity of law. Again, to think that there should be a 
kind of articulate and indented contract, that they 
should receive our laws to obtain our privileges, it is 
a matter in reason of estate not to be expected, being 
that which scarcely a private man will acknowledge, 
ifit come to that whereof Seneca speaketh “ Benefi- 
“‘ cium accipere est libertatem vendere.” No, but 
. courses of estate do describe and delineate another 
way, which is, to win them either by benefit or 
by custom: for we see in all creatures that men do 
feed them first, and reclaim them after. And so in 
the first institution of kingdoms, kings did first win 
people by many benefits and protections, before they 
pressed-any yoke. And for custom, which the poet 
calls “ imponere morem ;” who doubts but that the 


OF THE UNION OF LAWS. 79 


seat of the kingdom, and the example of the king 
resting here with us, our manners will quickly be 
there, to make all things ready for our laws? And 
lastly, the naturalization, which is now propounded, 
is qualified with such restrictions as there will be 
enough kept back to be used at all times for an ada- 
mant of drawing them farther on to our desires. 
And therefore to conclude, I hold this motion of 
union of laws very worthy, and arising from very 
good minds ; but yet not proper for this time. 

To come therefore to that, which is now in ques- 
tion it is no more but whether there should be a dif- 
ference made, in this privilege of naturalization, be- 
tween the “ante-nati” and the “ post-nati,” not in 
point of law, for that will otherwise be decided, but 
only in point of convenience ; as if a law were now 
to be made “ de novo.” In which question I will at 
this time only answer two objections, and use two 
arguments, and so leave it to your judgment. 

The first objection hath been, that if a difference 
should be, it ought to be in favour of the “ ante-nati,” 
because they are persons of merit, service, and proof ; 
whereas the “ post-nati” are infants, that, as the Scrip- 
ture saith, know not the right hand from the left. 

This were good reason, Mr. Speaker, if the ques- 
tion were of naturalizing some particular persons by 
a private bill; but it hath no proportion with the 
general case; for now we are not to look to respects 
that are proper to some, but to those which are 
common to all. Now then how can it be imagined, 
but that those which took their first breath, since this 


80 OF THE UNION OF LAWS. 


happy union, inherent in his majesty’s person, must 
be more assured and affectionate to this kingdom, 
than those generally can be presumed to be, which 
were sometimes strangers? for ‘‘ Nemo subito fingi- 
“tur:” the conversions of minds are not so swift as 
the conversions of times. Nay in effects of grace, 
which exceed far the effects of nature, we see St. 
Paul makes a difference between tiiose he calls Neo- 
phytes, that is, newly grafted into Christianity, and 
those that are brought up in the faith. And so we 
see by the laws of the Church that the children of 
Christians shall be baptized in regard of the faith of 
their parents: but the child of an ethnic may not 
receive baptism till he be able to make an under- 
standing profession of his faith. 7 

Another objection hath been made, that we 
ought to be more provident and reserved to restrain 
the “ post-nati” than the “ ante-nati ;” because during 
his majesty’s time, being a prince of so approved 
wisdom and judgment, we need no better caution 
than the confidence we may repose in him; but in 
the future reigns of succeeding ages, our caution 
must be “ in re” and not “ in persona.” 

But, Mr. Speaker, to this I answer, that as 
we cannot expect a prince hereafter less like to err 
in respect of his judgment; so again, we cannot ex- 
pect a prince so like to exceed, if I may so term it, 
in this point of beneficence to that nation, in respect 
of the occasion. For whereas all princes and all men 
are won either by merit or conversation, there is no 
appearance, that any of his majesty’s descendants 


OF THE UNION OF LAWS. 81 


can have either of these causes of bounty towards 
that nation in so ample degree as his majesty hath. 
‘And these be the two objections, which seemed to me 
most material, why the “ post-nati” should be left 
free, and not to be concluded in the same restrictions 
with the “ ante-nati; whereunto you have heard the 
answers. 

The two reasons, which I will use on the other 
side, are briefly these: the one being a reason of 
common sense ; the other, a reason of estate. 

We see, Mr. Speaker, the time of the nativity is 
in most cases principally regarded. In nature, the 
time of planting and setting is chiefly observed ; and 
we see the astrologers pretend to judge of the 
fortune of the party by the time of the nativity. In 
laws, we may not unfitly apply the case of legitima- 
tion to the case of naturalization ; for it is true that 
the common canon law doth put the “ ante-natus” 
and the “ post-natus” in one degree. But when 
it was moved to the parliament of England, “ Barones 
“una voce responderunt, Nolumus leges Angliz 
“ mutare.” And though it must be confessed that 
the “ ante-nati” and “ post-nati” are in the same de- 
gree in dignities ; yet were they never so in abilities : 
for no man doubts, but the son of an earl or baron, 
before his creation or call, shall inherit the dignity, 
as wellas the son born after. But the son of an at- 
tainted person, born before the attainder, shall 
not inherit, as the after-born shall, notwithstanding 
charter of pardon. 

The reason of estate is, that any restriction of the 

VOL. V. G 


82 OF THE UNION OF LAWS. 


“ ante-nati” is temporary, and expireth with this 
generation ; but if you make it in the “ post-nati” 
also, you do but in substance pen a perpetuity of se- 
paration. 

Mr. Speaker, in this point I have been short, be- 
cause I little expected this doubt, as to point of con- 
venience ; and therefore will not much labour, where 
I suppose there is no greater opposition. 


A 


PREPARATION 
TOWARD 


THE UNION OF THE LAWS 


OF 


ENGLAND AND SCOTLAND. 


Your majesty’s desire of proceeding towards the 
union of this whole island of Great Britain under one 
law, is, as far as I am capable to make any opinion of 
80 great a cause, very agreeable to policy and justice. 
To policy, because it is one of the best assurances, as 
human events can be assured, that there will be 
never any relapse in any future ages to a separation. 
To justice, because “dulcis tractus pari jugo:” it is 
reasonable that communication of privilege draw on 
communication of discipline and rule. This work 
being of greatness and difficulty, needeth not to 
embrace any greater compass of designment, than is 
necessary to your majesty’s main end and intention. 
I consider therefore, that it is a true and received 
division of law into “ jus publicum” and “ privatum,” 
the one being the sinews of property, and the other of 
government; for that which concerneth private in- 
terest of “ meum” and “ tuum,” in my simple opinion, 
it is not at this time to be meddled with ; men love to 


84 A PREPARATION FOR THE UNION OF LAWS. 


hold their own as they have held, and the difference 
of this law carrieth no mark of separation ; for we 
see in any one kingdom, which is most at unity in 
itself, there is diversity of customs for the guiding of 
property and private rights: “in veste varietas sit, 
* scissura non sit.” All the labour is to be spent in the 
other part; though perhaps not in all the other part ; 
for, it may be, your majesty, in your high wisdom, 
will discern that even in that part there will not be 
requisite a conformity in all points. And although 
such conformity were to be wished, yet perchance it 
will be scarcely possible in many points to pass them 
for the present by assent of parliament. But be- 
cause we that serve your majesty in the service of our 
skill and profession, cannot judge what your majesty, 
upon reason of state, will leave and take; therefore 
it is fit for us to give, as near as we can, a general 
information : wherein I, for my part, think good to 
hold myself to one of the parallels, I mean that of the 
English laws. For although I have read, and read 
with delight, the Scotish statutes, and some other 
collection of their laws; with delight I say, partly 
to see their brevity and propriety of speech, and 
partly to see them come so near to our laws; yet I 
am unwilling to put my sickle in another’s harvest, 
but to leave it to the lawyers of the Scotish nation; 
the rather, because I imagine with myself that if a 
Scotish lawyer should undertake, by reading of the 
English statutes, or other our books of law, to set 
down positively in articles what the law of England 
were, he might oftentimes err: and the like errors, I 


A PREPARATION FOR THE UNION OF LAWSe 85 


make account, I might incur in theirs. And there- 
fore, as I take it, the right way is, that the lawyers 
of either nation do set down in brief articles what the 
law is of their nation, and then after, a book of two 
columns, either having the two laws placed respec- 
tively, to be offered to your majesty, that your 
majesty may by a ready view see the diversities, and 
so judge of the reduction, or leave it as it is. 

“ Jus publicum” I will divide, as I hold it fittest for 
the present purpose, into four parts, The first, con- 
cerning criminal causes, which with us are truly ac- 
counted “ publici juris,” because both the prejudice 
and the prosecution principally pertain to the crown 
and public estate. The second, concerning the 
causes of the church. The third, concerning magis- 
trates, officers, and courts: wherein falleth the con- 
sideration of your majesty’s regal prerogative, where- 
of ‘the rest are but streams. And the fourth, 
concerning certain special and politic laws, usages» 
and constitutions, that do import the public peace, 
strength, and wealth of the kingdom. In which 
part I do comprehend not only constant ordinances 
of law, but likewise forms of administration of law, 
such as are the commissions of the peace, the visita- 
tions of the provinces by the judges of the circuits, 
and the like. For these in my opinion, for the pur- 
pose now in hand, deserve a special observation, be- 
cause they being matters of that temporary nature, 
as they may be altered, as I suppose, in either king- 
dom, without parliament, as to your majesty’s wisdom 
may seem best; it may be the most profitable and 


86 A PREPARATION FOR THE UNION OF LAWS. 


ready part of this labour will consist in the intro- 
ducing of some uniformity in them. 

To begin therefore with capital crimes, and first 
that of treason. 


CASES OF TREASON. 


Where a man doth compass or imagine the 
death of the king, if it appear by any overt act, it is 
treason. 

Where a man doth compass or imagine the death 
of the king’s wife, if it appear by any overt act, it is 
treason. 

Where a man doth compass or imagine the 
death of the king’s eldest son and heir, if it appear 
by any overt act, it is treason. 

Where a man doth violate the king’s wife, it is 
treason. 

Where a man doth violate the king’s eldest 
daughter unmarried, it is treason. 

Where a man doth violate the wife of the king’s 
eldest son and heir, it is treason. 

Where a man doth levy war against the king and 
his realm, it is treason. 

Where a man is adherent to the king’s enemies, 
giving them aid and comfort, it is treason. 

Where a man counterfeiteth the king’s great seal, 
it is treason. i 

Where a man counterfeiteth the king’s privy 
seal, it is treason. 

Where a man counterfeiteth the king’s privy 
signet, it is treason. 


A PREPARATION FOR THE UNION OF LAWS. 87 


Where a man doth counterfeit the king’s sign 
manual, it is treason. 

Where a man counterfeits the king’s money, it is 
treason. 

Where a man bringeth into the realm false 
money, counterfeited to the likeness of the coin of 
England with intent to merchandise or make pay- 
ment therewith, and knowing it to be false, it is 
treason. 

Where a man counterfeiteth any foreign coin cur- 
rent in payment within this realm, it is treason. 

Where aman doth bring in foreign money, being 
current within the realm, the same being false and 
counterfeit, with intent to utter it, and knowing the 
same to be false, it is treason. 

Where a man doth clip, wash, round, or file any 
of the king’s money, or any foreign coin current by 
proclamation, for gain’s sake, it is treason. 

Where a man doth any ways impair, diminish, 
falsify, scale, or lighten the king’s money, or any 
foreign moneys current by proclamation, it is treason. 

Where a man killeth the chancellor, being in his 
place and doing his office, it is treason. 

Where a man killeth the treasurer, being in his 
place and doing his office, it is treason. 

Where a man killeth the king’s justice in eyre, 
being in his place and doing his office, it is treason. 

Where a man killeth the king’s justice of assize, 
being in his place and doing his office, it is treason. 

Where a man killeth the king’s justice of Oyer 
and Terminer, being in his place and doing his 
office, it is treason. 


88 A PREPARATION FOR THE UNION OF LAWS. 


Where a man doth persuade or withdraw any of 
the king’s subjects from his obedience, or from the 
religion by his majesty established, with intent to 
withdraw him from the king’s obedience, it is 
treason. | 

Where a man is absolved, reconciled, or with- 
drawn from his obedience to the king, or promiseth 
his obedience to any foreign power, it is treason. 

Where any Jesuit, or other priest ordained since 
the first year of the reign of queen Elizabeth, shall 
come into, or remain in any part of this realm, it is 
treason. 

Where any person being brought up in a col- 
lege of Jesuits, or seminary, shall not return within 
six months after proclamation made, and within two 
days after his return submit himself to take the oath 
of supremacy, if otherwise he do return, or be within 
the realm, it is treason. 

Where a man doth affirm or maintain any au- 
thority of jurisdiction spiritual, or doth put in use or 
execute any thing for the advancement or setting 
forth thereof, such offence, the third time committed, 
is treason. 

Where a man refuseth to take the oath of supre- 
macy, being tendered by the bishop of the diocese, if 
he be an ecclesiastical person ; or by commission out 
of the chancery, if he be a temporal person; such 
offence the second time is treason. 

Where a man committed for treason doth volun- 
tarily break prison, it is treason. 

Where a jailor doth voluntarily permit a man 
commited for treason to escape, it is treason. 


pit patie Sita os 


Sa i eg 


ee ee ee 


A PREPARATION FOR THE UNION OF LAWS, 89 


Where a man procureth or consenteth to a trea- 
son, it is treason. 

Where a man relieveth or comforteth a traitor, 
knowing it, it is treason. | 


The punishment, trial, and proceedings in cases of 
treason. 

In treason, the corporal punishment is by draw- 
ing on a hurdle from the place of the prison to the 
place of execution, and by hanging and being cut 
down alive, bowelling, and quartering: and in 
women by burning. 

In treason, there ensueth a corruption of blood in 
the line ascending and descending. 

In treason, lands and goods are forfeited, and in- 
heritances, as well intailed as fee-simple, and the 
profits of estates for life. 

In treason, the escheats go to the king, and not 
to the lord of the fee. 

In treason, the lands forfeited shall be in the 
king’s actual possession without office. 

In treason there be no accessaries, but all are 
principals. ; 

In treason, no benefit. of clergy, or sanctuary, or 
peremptory. challenge. 

In treason, if the party stand mute, yet neverthe- 
less judgment and attainder shall proceed all one as 
upon verdict. 

In treason, bail is not permitted. 

In treason, no counsel is to be allowed to the 


party. 


90 A PREPARATION FOR THE UNION OF LAWS. 


In treason, no witness shall be received upon 
oath for the party’s justification. 

In treason, if the fact be committed beyond the 
seas, yet it may be tried in any county where the 
king will award his commission. 

In treason, if the party be “ non sane memorie,” 
yet if he had formerly confessed it before the king’s 
council, and that it be certified that he was of good 
memory at the time of his examination and confes- 
sion, the court may proceed to judgment without 
calling or arraigning the party. 

In treason the death of the party before con- 
viction dischargeth all proceedings and forfeitures. 

In treason, if the party be once acquitted, he 
shall not be brought in question again for the same 
fact. 

In treason, no new case not expressed in the 
statute of 25 Ed. III. nor made treason by any spe- 
cial statute since, ought to be judged treason, 
without consulting with the parliament. 

In treason, there can be no prosecution but 
at the king’s suit, and the king’s pardon dischargeth. 

In treason, the king cannot grant over to any 
subject power and authority to pardon it. 

In treason, a trial of a peer of the kingdom is to 
be by special commission before the lord high 
steward, and those that pass upon him to be none 
but peers; and the proceeding is with great so- 
lemnity, the lord steward sitting under a cloth 
of estate with a white rod of justice in his hand: 


pe eS 5 Bae 


A PREPARATION FOR THE UNION OF LAWS. 91 


and the peers may confer together, but are not 
any ways shut up: and are demanded by the lord 
steward their voices one by one, and the plurality of 
voices carrieth it. In treason, it hath been an 
ancient use and favour from the kings of this realm to 
pardon the execution of hanging, drawing, and 
quartering; and to make warrant for their be- 
heading. 

The proceeding in case of treason with a common 
subject is in the king’s bench, or by commission of 
Oyer and Terminer. 


MISPRISION OF TREASON. 
Cases of misprision of treason. 


Where a man concealeth high treason only, 
without any comforting or abetting, it is mis- 
prision of treason. 

Where a man counterfeiteth any foreign coin 


of gold or silver not current in the realm, it is mis- 
prision of treason. 


The punishment, trial, and proceeding in cases of 

musprision of treason. 

The punishment of misprision of treason is by 
perpetual imprisonment, loss of the issues of their 
lands during life, and loss of goods and chattels. 

The proceeding and trial is, as in cases of 
treason. 


In misprision of treason bail is not-admitted. 


92 A PREPARATION FOR THE UNION OF LAWS. 


PETIT TREASON. 
Cases of petit treason. 


Where the servant killeth the master, it is petit 
treason. 

Where the wife killeth her husband, it is petit 
treason. 

Where a spiritual man killeth his prelate, to 
whom he is subordinate, and oweth faith and obe- 
dience, it is petit treason. 

Where the son killeth the father or mother, 
it hath been questioned whether it be petit treason, 
and the late experience and opinion seemeth to 
weigh to the contrary, though against law and 
reason in my judgment. 


The punishment, trial, and proceeding in cases of petit 
treason. 


In petit treason, the corporal punishment is by 
drawing on a hurdle, and hanging, and in a woman, 
burning. 

In petit treason, the forfeiture is the same with 
the case of felony. 

_ In petit treason, all accessaries are but in case of 
felony. 


FELONY. 
Cases of felony. 
Where a man committeth murder, that is, homi- 
cide of prepensed malice, it is felony. 
Where a man committeth manslaughter, that is, 


A PREPARATION FOR THE UNION OF LAWS. 93 


homicide of sudden heat, and not of malice pre- 
pensed, it is felony. 

Where a man committeth burglary, that is break- 
ing of an house with an intent to commit felony, it is 
felony. 

Where a man rideth armed, with a felonious 
intent, it is felony. 

Where a man doth maliciously and feloniously 
burn a house, it is felony. 

Where a man doth maliciously and feloniously 
burn corn upon the ground, or in stacks, it is 
felony. | 

Where a man doth maliciously cut out another’s 
tongue, or put out his eyes, it is felony. 

Where a man robbeth or stealeth, that is, taketh 
away another man’s goods, above the value of twelve-_ 
pence, out of his possession, with an intent to con- 
ceal it, it is felony. 

Where a man embezzeleth or withdraweth any of 
the king’s records at Westminster, whereby any 
judgment is reversed, it is felony. 

Where a man that hath custody of the king’s ar- 
mour, munition, or other habiliments of war, doth 
maliciously convey away the same, to the value 
of twenty shillings, it is felony. 

Where a servant hath goods of his master’s 
delivered unto him, and goeth away with them, it is 
felony. 

Where a man conjures, or invocates wicked 
spirits, it is felony. 

Where a man doth use or practise any manner of 


94 A PREPARATION FOR THE UNION OF LAWS. 


witchcraft, whereby any person shall be killed, 
wasted, or lamed in his body, it is felony. 

Where a man practiseth any witchcraft, to dis- 
cover treasure hid, or to discover stolen goods, or to 
provoke unlawful love, or to impair or hurt any 
man’s cattle or goods, the second time, having been 
once before convicted of like offence, it is felony. 

Where a man useth the craft of multiplication of 
gold or silver, it is felony. 

Where a man committeth rape, it is felony. 

Where a man taketh away a woman against her 
will, not claiming her as his ward or bondwoman, it 
is felony. 

Where any person marrieth again, her or his 

former husband or wife being alive, it is felony. 
| Where a man committeth buggery with man or 
beast, it is felony. 

Where any persons, above the number of twelve, 
shall assemble themselves with intent to put down 
enclosures, or bring down the prices of victuals, &c. 
and do not depart after proclamation, it is felony. 

Where man shall use any words to encourage or 
draw any people together, “ ut supra,” and they do 
assemble accordingly, and do not depart after pro- 
clamation, it is felony. 

Where a man being the king’s sworn servant, 
conspireth to murder any lord of the realm or any of 
the privy council, it is felony. 

Where a soldier hath taken any parcel of the 
king’s wages, and departeth without licence, it is 
felony. 


A PREPARATION FOR THE UNION OF LAWS. 95 


Where a man receiveth a seminary priest, know- 
ing him to be such a priest, it is felony. 

Where a recusant, which is a seducer, and per- 
suader, and inciter of the king’s subjects against the 
king’s authority in ecclesiastical causes, or a per- 
suader of conventicles, &c. shall refuse to abjure the 
realm, it is felony. 

Where vagabonds be found in the realm, calling 
themselves Egyptians, it is felony. 

Where a purveyor taketh without warrant, or 
otherwise doth offend against certain special laws, it 
is felony. 

Where a man hunteth in any forest, park, or 
warren, by night or by day, with vizards or other 
disguisements and is examined thereof and con- 
cealeth his fact, it is felony. 

Where a man stealeth certain kinds of hawks, it 
is felony. 

Where a man committeth forgery the second 
time, having been once before convicted, it is 
felony. 

Where a man transporteth rams or other sheep 
out of the king’s dominions, the second time, it is 
felony. : 

Where a man being imprisoned for felony, 
breaks prison, it is felony. 

Where a man procureth or consenteth to a 
felony to be committed, it is felony, as to make him 
accessary before the fact. 

Where a man receiveth or relieveth a felon, 


96 A PREPARATION FOR THE UNION OF LAWS. 


knowing thereof, it is felony, as to make him acces- 
sary after the fact. 

Where a woman, by the constraint of her hus- 
band, in his presence, joineth with him in committing 
of felony, it is not felony, neither as principal nor as 
accessary. 


The punishment, trial, and proceeding in cases of 
Felony. 

In felony, the corporal punishment is by hanging, 
and it is doubtful whether the king may turn it into 
beheading in the case of a peer or other person of 
dignity, because in treason the striking off the head 
is part of the judgment, and so the king pardoneth 
the rest : but in felony it is no part of the judgment, 
and the king cannot alter the execution of law; yet 
precedents have been both ways. 

In felony, there followeth corruption of blood, 
except it bein cases made felony by special statutes, 
with a proviso that there shall be no corruption of 
blood. 

In felony, lands in fee-simple and goods are 
forfeited, but not lands intailed, and the profits of 
estates for life are likewise forfeited : And by some 
customs lands in fee-simple are not forfeited ; 

The father to the bough, son to the plough ; 
as in Gavelkind in Kent, and other places. 

In felony, the escheats go to the lord of the fee, 
and not to the king, except he be lord: But the 
profits of estates for lives, or in tail during the life of 


A PREPARATION FOR THE UNION OF LAWS. 97 


tenant in tail, go to the king; and the king hath 
likewise, in fee-simple lands holden of common lords, 
“annum, diem, et vastum.” 

In felony, the lands are not in the king before 
office, nor in the lord before entry or recovery in 
writ of escheat, or death of the party attainted. 

In felony, there can be no proceeding with the 
accessary before there be a proceeding with the prin- 
cipal; which principal if he die, or plead his pardon, 
or have his clergy before attainder, the accessaries 
can never be dealt with. 

In felony, if the party stand mute, and will not 
put himself upon his trial, or challenge peremptorily 
above the number that the law allows, he shall have 
judgment not of hanging, but of penance of pressing 
to death; but then he saves his lands, and forfeits 
only his goods. 

In felony, at the common law, the benefit of 
clergy or sanctuary was allowed; but now by sta- 
tutes it is taken away in most cases. 

In felony, bail may be admitted where the fact is 
not notorious, and the person not of evil fame. 

In felony, no counsel is to be allowed to the 
party, no more than in treason. 

In felony, no witness shall be received upon oath 
for the party’s justification, no more than in treason. 

In felony, if the fact be committed beyond the 
seas, or upon the seas, “ super altum mare,” there is 
no trial at all in the one case, nor by course of jury 
in the other case, but by the jurisdiction of the 
Admiralty, | be 

VOL. V. H 


93 A PREPARATION FOR THE UNION OF LAWS. 


In felony, if the party be “ non san memorize,” 


although it be after the fact, he cannot be tried nor’ 


adjudged, except it be in course of outlawry, and 
that is also erroneous. 

In felony, the death of the party before convic- 
tion dischargeth all proceedings and forfeitures. 

In felony, if the party be once acquitted, or in 
peril of judgment of life lawfully, he shall never be 
brought in question again for the same fact. 

In felony, the prosecution may be either at the 
king’s suit by way of indictment, or at the party’s 
suit by way of appeal; and if it be by way of appeal, 
the defendant shall have his counsel, and produce 
witnesses upon oath, as in civil causes. 

In felony, the king may grant hault justice to 
a subject, with the regality of power to pardon it. 

In felony, the trial of peers is all one as in case of 
treason. 

In felony, the proceedings are in the king’s 


bench, or before commissioners of Oyer and Ter- | 


miner, or of gaol delivery, and in some cases before 
justices of peace. 


Cases of Felonia de se, with the punishment, trial, and 
proceeding therein. 


In the civil law, and other laws, they make a dif- 
ference of cases of “ felonia de se:” for where a man 
is called in question upon any capital crime, and 
killeth himself to prevent the law, they give the same 
judgment in all points of forfeiture, as if they had 
been attainted in their life-time: And on the other 


Pass 


A PREPARATION FOR THE UNION OF LAWS, 99 


side, where a man killeth himself upon impatience of 
sickness or the like, they do not punish it at all: but 
the law of England taketh it all in one degree, and 
punisheth it only with loss of goods to be forfeited 
to the king; who generally granteth them to his 
almoner, where they be not formerly granted unto 
special liberties, 


OFFENCES OF PRAEMUNIRE. 


Cases of Premunire. 

Where a man purchaseth or accepteth any pro- 
vision, that is, collation of any spiritual benefice or 
living, from the see of Rome, it is case of pre- 
munire. | 

‘Where a man will purchase any process to draw 
any people of the king’s allegiance out of the realm, 
in plea, whereof the cognizance pertains to the 
king’s court, and cometh not in person to answer 
his contempt in that behalf before the king and his 
council, or in his chancery, it is case of preemunire. 

Where a man doth sue in any court which is not 
the king’s court, to defeat or impeach any judgment 
given in the king’s court, and doth not appear to an- 
swer his contempt, it is case of preemunire. 

Where a man doth purchase or pursue in the 
court of Rome, or elsewhere, any process, sentence 
of excommunication, bull, instrument, or other thing 
which touches the king in his regality, or his realm 
in prejudice, it is case of preemunire. 

Where a man doth affirm or maintain any 
foreign authority of jurisdiction spiritual, or doth 


100 A PREPARATION FOR THE UNION OF LAWS. 


put in use or execute any thing for the advancement 
or setting forth thereof; such offence, the second. 
time committed, is case of preemunire. 

Where a man refuseth to take the oath of 
supremacy, being tendered by the bishop of the dio- 
cese, if he be an ecclesiastical person; or by commis- 
sion out of the chancery, if he be a temporal person, 
it is case of preemunire. 

Where the dean and chapter of any church, upon 
the “ Congé d’elire” of an archbishop or bishop, doth 
refuse to elect any such archbishop or bishop as 
is nominated unto them in the king’s letter missive, 
it is case of preemunire. 

Where a man doth contribute or give relief unto 
any Jesuit or seminary priest, or to any college of 
Jesuits or seminary priests, or to any person brought 
up therein, and called home, and not returning, it is 
case of preemunire. 

Where a man is broker of an usurious contract 
above ten in the hundred, it is case of preemunire. 


The punishment, trial, and proceedings in cases of 
premunire. 

The punishment is by imprisonment during life, 
forfeiture of goods, forfeiture of lands in fee-simple, 
and forfeiture of the profits of lands intailed, or for 
life. 

The trial and proceeding is as in cases of mispri- 
son of treason;.and the trial is by peers, where a 
peer of the realm is the offender. 


SL RMT As SEN a RS TOS 


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SAREE ES SS RE ae ae i cae 


Se aaa 


A PREPARATION FOR THE UNION OF LAWS. 101 


OFFENCES OF ABJURATION AND EXILE. 


Cases of abjuration and exile, and the proceedings 

therein. 

Where a man committeth any felony, for the 
which at this day he may have privilege of sanctuary, 
and taketh sanctuary, and confesseth the felony be- 
fore the coroner, he shall abjure the liberty of the 
realm, and choose his sanctuary; and if he commit 
any new offence, or leave his sanctuary, he shall lose 
the privilege thereof, and suffer as if he had not taken 
sanctuary. 

Where a man not coming to the church, and, 
being a popish recusant, doth persuade any of the 
king’s subjects to impugn his majesty’s authority 
in causes ecclesiastical, or shall persuade any subject 
from coming to church, or receiving the communion, 
or persuade any subject to come to any unlawful 
conventicles, or shall be present at any such unlaw- 
ful conventicles, and shall not after conform himself 
within a time, and make his submission, he shall ab- 
jure the realm, and forfeit his goods and lands 
during life ; and if he depart not within the time pre- 
fixed, or return, he shall be in the degree of a felon. 

Where a man being a popish recusant, and not 
having lands to the value of twenty marks per 
annum, nor goods to the value of 40/. shall not re- 
pair to his dwelling or place where he was born, and 
there confine himself within the compass of five 
miles, he shall abjure the realm; and if he return, 
he shall be in the degree of a felon. 


102 A PREPARATION FOR THE UNION OF LAWS. 


Where a man kills the king’s deer in chases or 
forests, and can find no sureties after a year’s im- 
prisonment, he shall abjure the realm. 

Where a man is a trespasser in parks, or in ponds 
of fish, and after three years’ imprisonment cannot 
find sureties, he shall abjure the realm. 

Where a man is a ravisher of any child within 
age, whose marriage belongs to any person, and 
amarrieth the said child after years of consent, and is 
not able to satisfy for the marriage, he shall abjure 
the realm. 

OFFENCE OF HERESY. 


Cases of heresy, and the trial and proceeding therein. 


The declaration of heresy, and likewise the pro- 
ceeding and judgment upon heretics, is by the com- 
mon laws of this realm referred to the jurisdiction 
ecclesiastical, and the secular arm is reached unto 
them by the common laws, and not by any statute for 
the execution of them by the king’s writ “ de heretico 
‘* comburendo.” 


CASES OF THE KING'S PREROGATIVE. 


The king’s prerogative in Parliament. 

1. The king hath an absolute negative voice to 
all bills that pass the parliament, so as without 
his royal assent they have a mere nullity, and not 
so much as “ authoritas prescripta,” as “ senatus 
‘“¢ consulta” had, notwithstanding the intercession of 
tribunes. 

2, The king may summon parliaments, dissolve 
them, adjourn and prorogue them at his pleasure. 


“hae Fe ag 


Ny RS SUE 


A PREPARATION FOR THE UNION OF LAWS. 103 


3. The king may add voices in parliament at 
his pleasure, for he may give privileges to borough 
towns, and call and create barons at his pleasure. 

4. No man can sit in parliament unless he take 
the oath of allegiance. 


The king’s prerogative in war and peace. 


1, The king hath power to declare and proclaim 
war, and make and conclude peace. 

2. The king hath power to make leagues and 
confederacies with foreign estates, more or less strait, 
and to revoke and disannul them at his pleasure. 

3. The king hath power to command the bodies 
of his subjects for service of his wars, and to muster, | 
train, and levy men, and to transport them by sea or 
land at his pleasure. 

4. The king hath power in time of war to execute 
martial law, and to appoint all officers of war at his 
pleasure. 

5. The king hath power to grant his letters of 
mart and reprisal for remedy to his subjects upon 
foreign wrongs. 

6. The king may give knighthood, and thereby 
enable any subject to perform knight’s service. 


The king’s prerogative in matter of money. 


1. The king may alter his standard in baseness 
or fineness. 

2. The king may alter his stamp in the form of it. 

3. The king may at his pleasure alter the valua- 
tions, and raise and fall moneys. 


104 <A PREPARATION FOR THE UNION OF LAWS. 


4. The king may by proclamation make money 
of his own current or not. 

5. The king may take or refuse the subjects’ bul- 
lion, or coin for more or less money. 

6. The king by proclamation may make foreign 
money current, or not. 


The king’s prerogative in matiers of trade and traffic. 


i. The king may constrain the person of any of 
his subjects not to go out of the realm. 

2. The king may restrain any of his subjects to 
go out of the realm in any special part foreign. 

3. The king may forbid the exportation of any 
commodities out of the realm. 

4. The king may forbid the importation of any 
commodities into this realm. 

5. The king may set a reasonable impost upon 
any foreign wares that come into the realm, and so of 
native wares that go out of the realm. 


The king’s prerogative in the persons of his subjects. 


1. The king may create any corporation or body 
politic, and enable them to purchase, to grant, to 
‘sue, and be sued; and with such restrictions and 
limitations as he pleases. 

2. The king may denizen and enable any fo- 
reigner for him and his descendants after the charter ; 
though he cannot naturalize, nor enable him to make 
pedigree from ancestors paramount. 

3. The king may enable any attainted person, by 
his charter of pardon, and purge the blood for time 


_ A PREPARATION FOR THE UNION OF LAws. 105 


to come, though he cannot restore the blood for the 
time past. 

4, The king may enable any dead persons in the 
Jaw, as men professed in religion, to take and pur- 
chase to the king’s benefit. 


A twofold power of the law. 


1. A Direction: In this respect the king is un- 
derneath the law; because his acts are guided 
thereby. 

2. Correction: In this respect the king is above 
the law ; for it may not correct him for any offence. 


A twofold power in the king. 


1. His absolute power, whereby he may levy 
forces against any nation. 

2. His limited power, which is declared and ex- 
pressed in the laws what he may do. 


THE 
ARGUMENT 
oF 
SIR FRANCIS BACON, KNIGHT, 
His Majesty’s Solicitor-General, 
IN THE CASE OF 
THE POST-NATI OF SCOTLAND, 
IN THE EXCHEQUER CHAMBER, 


Before the Lord Chancellor, and all the Judges of England. 


May it please your Lordships, 

Tuis case your lordships do well perceive to be of 
exceeding great consequence. For whether you do 
measure that by place, that reacheth not only to the 
realm of England, but to the whole island of Great 
Britain; or whether you measure that by time, that 
extendeth not only to the present time, but much 
more to future generations, 


Et nati natorum, et qui nascentur ab illis : 


And therefore as that is to receive at the bar a full 
and free debate, so I doubt not but that shall receive 
from your lordships a sound and just resolution 
according to law, and according to truth. For, my 
lords, though he were thought to have said well, that 
said that for his word, “ Rex fortissimus ;” yet he 
was thought to have said better, even in the opinion 
of the king himself, that said, “ Veritas fortissima, et 


CASE OF THE POST-NATI OF SCOTLAND. 107 


“ prevalet :” And I do much rejoice to observe such a 
concurrence in the whole carriage of this cause to 
this end, that truth may prevail. 

The case no feigned or framed case ; but a true 
case between true parties. 

The title handled formerly in some of the king’s 
courts, and freehold upon it; used indeed by his 
majesty in his high wisdom to give an end to this 
great question, but not raised; “ occasio” as the 
schoolmen say, “ arrepta, non porrecta.” 

The case argued in the king’s bench by Mr. Walter 
with great liberty, and yet with good approbation of 
the court; the persons assigned to be of counsel on 
that side, inferior to none of their quality and degree 
in learning; and some of them most conversant and 
exercised in the question. 

The judges in the king’s bench have adjourned 
it to this place for conference with the rest of their 
brethren. Your lordship, my lord chancellor,though 
you be absolute judge in the court where you sit, and 
might have called to you such assistance of judges as 
to you had seemed good; yet would not forerun or 
lead in this case by any opinion there to be given; 
but have chosen rather to come yourself to this as- 
sembly ; all tending, as I said, to this end, whereunto 
I for my part do heartily subscribe, “ut vincat 
“ veritas,” that truth may first appear, and then pre- 
vail. And I do firmly hold, and doubt not but I 
shall well maintain, that this is the truth, that Calvin 
the plaintiff is “ ipso jure” by the law of England a 
natural born subject, to purchase freehold, and to 


108 CASE OF THE POST-NATI OF SCOTLAND: 


bring real actions within England. In this case I 
must so consider the time, as | must much more con- 
sider the matter. And therefore though it may 
draw my speech into farther length; yet I dare not 
handle a case of this nature confusedly, but purpose 
to observe the ancient and exact form of pleadings ; 
which is, 7 

First, to explain or induce. 

Then, to confute, or answer objections. 

And lastly, to prove, or confirm. 

And first for explanation. The outward question 
in this case is no more, but, Whether a child, born in 
Scotland since his majesty’s happy coming to the 
crown of England, be naturalized in England, or no? 
But the inward question or state of the question 
evermore beginneth where that which is confessed on 
both sides doth leave. 

It is confessed, that if these two realms of Eng- 
land and Scotland were united under one law and 
one parliament, and thereby incorporated and made 
as one kingdom, that the ‘ Post-natus” of such 
an union should be naturalized. 

It is confessed, that both realms are united in the 
person of our sovereign; or, because I will gain no- 
thing by surreption, in the putting of the question, 
that one and the same natural person is king of both 
realms. 7 

It is confessed, that the laws and parliaments are 
several. So then, Whether this privilege and bene- 
fit of naturalization be an accessory or dependency 
upon that which is one and joint, or upon that which 


PTT PSE SA, PEIN SPLIT A AEST NG ME IS TEN iG A ET ln A AD ea le GE NL 


CASE OF THE POST-NATI OF SCOTLAND. 109 


is several, hath been, and must be the depth of this 
question. And therefore your lordships do see the 
state of this question doth evidently lead me by way 
of inducement to speak of three things: The king, 
the law, and the privilege of naturalization. For if 
you well understand the nature of the two prin- 
cipals, and again the nature of the accessory ; then 
shall you discern, to whether principal the acces- 
sory doth properly refer, as a shadow to a body, 
or iron to an adamant. 

And therefore your lordships will give me leave 
in a case of this quality, first to visit and open the 
foundations and fountains of reason, and not begin 
with the positions and eruditions of a municipal law ; 
for so was that done in the great case of mines; and 
so ought that to be done in all cases of like nature. 
And this doth not at all detract from the sufficiency 
of our laws, as incompotent to decide their own 
cases, but rather addeth a dignity unto them, when 
their reason appearing as well as their authority 
doth shew them to be as fine monies, which are cur- 
rent not only by the stamp, because they are so 
received, but by the natural metal, that is, the 
reason and wisdom of them. 

And master Littleton himself in his whole book 
doth commend but two things to the professors of the 
law by the name of his sons; the one, the inquiring 
and searching out the reasons of the law; and the 
other, the observing of the forms of pleadings. And 
never was there any case that came in judgment that 
required more, that Littleton’s advice should be fol- 


110 CASE OF THE POST-NATI OF SCOTLAND: 


lowed in those two points, than doth the present case 
in question. And first of the king. 

It is evident that all other commonwealths, mo- 
narchies only excepted, do subsist by a law prece- 
dent. For where authority is divided amongst many 
officers, and they not perpetual, but annual or tem- 
porary, and not to receive their authority but by 
election, and certain persons to have voice only to 
that election, and the like; these are busy and 
curious. frames, which of necessity do pre-suppose a 
law precedent, written or unwritten, to guide and 
direct them: but in monarchies, especially heredi- 
tary, that is, when several families, or lineages of 
people do submit themselves to one line, imperial or 
royal, the submission is more natural and simple, 
which afterwards by laws subsequent is perfected 
and made more formal; but that is grounded upon 
nature. That this is so, it appeareth notably in two 
things; the one the platforms and patterns which 
are found in nature of monarchies ; the original sub- 
missions, and their motives and occasions. The 
platforms are three: 

The first is that of a father, or chief of a family } 
who governing over his wife by prerogative of sex, 
over his children by prerogative of age, and because 
he is author unto them of being, and over his ser- 
vants by prerogative of virtue and providence (for he 
that is able of body, and improvident of mind, is 
* natura servus”) that is the very model of a king. 
So is the opinion of Aristotle, lib. iii. Pol. cap. 14. 
where he saith, “ Verum autem regnum est, cum 


Scant sere 


sticiieenin died anne 


CASE OF THE POST-NATI OF SCOTLAND. 111 


** penes unum est rerum summa potestas : quod 
“yegnum procurationem familie imitatur.” 

And therefore Lycurgus, when one iondiclled 
him to dissolve the kingdom, and to establish another 
form of estate, answered, “Sir, begin to do that 
“ which you advise first at home in your own house :” 
noting, that the chief of a family is as a king; and 
that those that can least endure kings abroad, can 
be content to be kings at home. And this is the first 
platform, which we see is merely natural. 

The second is that of a shepherd and his flock, 
which, Xenophon saith, Cyrus had ever in his mouth. 
For shepherds are not owners of the sheep; but 
their office is to feed and govern: no more are kings 
proprietaries or owners of the people: for God is 
sole owner of people. “ The nations,” as the Scrip- 
ture saith, “ are his inheritance :” but the office of 
kings is to govern, maintain, and protect people. 
And that is not without a mystery, that the first 
king that was instituted by God, David, for Saul was 
but an untimely fruit, was translated from a 
shepherd, as you have it in Psalm Ixxviii. “ Et 
“ elegit David servum suum, de gregibus ovium sus- 
“ tulit eum,—pascere Jacob servum suum, et Israel 
“ hereditatem suam.” ‘This is the second platform ; 
a work likewise of nature. 

The third platform is the government of God 
himself over the world, whereof lawful monarchies 
are a shadow. And therefore both amongst the 
Heathen, and amongst the Christians, the word, 
sacred, hath been attributed unto kings, because 


112 CASE OF THE POST-NATI OF SCOTLAND: 


of the conformity of a monarchy with a divine 
Majesty : never to a senate or people. And so you 
find it twice in the lord Coke’s Reports; once in the 
second book, the bishop of Winchester’s case ; and 
in his fifth book, Cawdrie’s case ; and more anciently 
in the 10 of H. VII. fol. 10. “ Rex est persona 
“ mixta cum sacerdote;” an attribute which the 
senate of Venice, or a canton of Swisses, can never 
challenge. So, we see, there be precedents or plat- 
forms of monarchies, both in nature, and above 
nature; even from the monarch of heaven and earth 
to the king, if you will, in an hive of. bees. And 
therefore other states are the creatures of law: and 
this state only subsisteth by nature. 

For the original submissions they are four in 
number: I will briefly touch them: The first is pa- 
ternity or patriarchy, which was when a family grow- 
ing so great as it could not contain itself within one 
habitation, some branches of the descendants were 
forced to plant themselves into new farailies, which 
second families could not by a natural instinct and 
inclination but bear a reverence, and yield an obei- 
-sance to the eldest line of the ancient family from 
which they were derived. | 

The second is, the admiration of virtue, or grati- 
tude towards merit, which is likewise naturally in- 
fused into all men, Of this Aristotle putteth the 
case well, when it was the fortune of some one man, 
either to invent some arts of excellent use towards 
man’s life, or to congregate people, that dwelt scat- 
tered, into one place, where they might cohabit with 


| 


CASE OF THE POST-NATI OF SCOTLAND. 118 


more comfort, or to guide them from a more barren 
land to a more fruitful, or the like: upon these 
deserts, and the admiration and recompense of them, 
people submitted themselves. 

The third, which was the most usual of all, was 
conduct in war, which even in nature induceth as 
great an obligation as paternity. For as men owe 
their life and being to their parents in regard of 
generation, so they owe that also to saviours in the 
wars in regard of preservation. And therefore we 
find in chap. xviii. of the book of Judges, ver. 22. 
«« Dixerunt omnes viri ad Gideon, Dominare nostri, 
“tu et filii tui, quoniam servasti nos de manu Mas 
“dian.” And so we read when it was brought to 
the ears of Saul, that the people sung in the streets, 
* Saul hath killed his thousands, and David his ten 
“ thousand of enemies,” he said straightways : “‘ Quid 
“ei superest nisi ipsuin regnum ?” For whosoever 
hath the military dependence, wants little of being 
king. 

The fourth is an inforced submission, which is 


| conquest, whereof it seemed Nimrod was the first 
| precedent, of whom it is said; “ Ipse coepit potens 
| esse in terra, et erat robustus venator coram Domi- 
| “no.” And this likewise is upon the same root 


which is the saving or gift as it were of life and 

being; for the conqueror hath power of life and 

death over his captives; and therefore where he 

giveth them themselves, he may reserve upon such 

a gift what service and subjection he will. All these 
VOL. v. I 


114 CASE OF THE POST-NATI OF SCOTLAND. 


four submissions are evident to be natural and more 
ancient than law. 

To speak therefore of law, which is the 
second part of that which is to be spoken of 
by way of inducement. Law no doubt is the 
great organ by which the sovereign power doth 
move, and may be truly compared to the sinews in 
a natural body, as the sovereignty may be compared 
to the spirits: for if the sinews be without the 
spirits, they are dead and without motion; if the 
spirits move in weak sinews, it causeth trembling: 
so the laws, without the king’s power,-are dead ; 
the king’s power, except the laws be corroborated, 
will never move constantly, but be full of staggering 
and trepidation. But towards the king himself the 
law doth a double office or operation: the first is to 
intitle the king, or design him: and in that sense 
Bracton saith well, lib. 1. fol. 5. and lib. 3. fol. 107. 
« Lex facit quod ipse sit Rex ;” that is, it defines 
his title; as in our law, That the kingdom shall go 
to the issue female ; that it shall not be departable 
amongst daughters; that the half-blood shall be 
respected, and other points differing from the rules 
of common inheritance. ‘The second is, that where- 
of we need not fear to speak in good and happy 
times, such as these are, to make the ordinary power 
of the king more definite or regular : for it was well 
‘said by a father, “ plenitudo potestatis est plenitudo 
“ tempestatis.” And although the king, in his person, 
be “ solutus legibus,” yet his acts and grants are 
limited by law, and we argue them every day. 


pase 


RIES AONE ERIS 


> 


CASE OF THE POST-NATI OF SCOTLAND. 115 


But I demand, Do these offices or operations of 
law evacuate or frustrate the original submission, 
which was natural? Or shall it be said that all 
allegiance is by law ? No more than it can be said, 
that “ potestas patris,” the power of the father over 
the child, is by law; and yet no doubt laws do di- 
versely define of that also; the Jaw of some nationg 
having given the fathers power to put their children 
to death; others, to sell them thrice; others, to 
disinherit them by testament at pleasure, and the 
like. Yet no man will affirm, that the obedience of 
the child is by law, though laws in some points do 
make it more positive : and even so it is of allegiance 
of subjects to hereditary monarchs, which is corrobo- 
rated and confirmed by law, but is the work of the 
law of nature. And therefore you shall find the 
observation true, and almost general in all states, 
that their lawgivers were long after their first kings, 
who governed for a time by natural equity without 
law : so was Theseus long before Solon in Athens . 
so was Eurytion and Sous long before Lycurgus in 
Sparta: so was Romulus long before the Decem- 
virl. And even amongst ourselves there were more 
ancient kings of the Saxons; and yet the laws 
ran under the name of Edgar’s laws. And in the 
refounding of the kingdom in the person of William 
the Conqueror, when the laws were in some confusion 
for a time, a man may truly say, that king Edward I. 
was the first lawgiver, who enacting some laws, and 
collecting others, brought the law to some perfection. 
And therefore I will conclude this point with the 


116 CASE OF THE POST-NATI OF SCOTLAND. 


stile which divers acts of parliaments do give unto 
the king: which term him very effectually and truly: 
*‘ our natural sovereign liege lord.” And as it was 
said by a principal judge here present when he 
served in another place, and question was moved by 
some occasion of the title of Bullein’s lands, that he 
would never allow that queen Elizabeth (I remember 
it for the efficacy of the phrase) should be a statute 
queen, but a common-law queen: so surely I shall 
hardly consent that the king shall be esteemed or 
called only our rightful sovereign, or our lawful 
sovereign, but our natural liege sovereign; as acts of 
parliament speak: for as the common law is more 
worthy than the statute law; so the law of nature 
is more worthy than them both. Having spoken 
now of the king and the law, it remaineth to speak 
of the privilege and benefit of naturalization itself; 
and that according to the rules of the law of England. 

Naturalization is best discerned in the degrees 
whereby the law doth mount and ascend thereunto. 
For it seemeth admirable unto me, to consider with 
what a measured hand and with how true propor- 
tions our law doth impart and confer the several 
degrees of this benefit. The degrees are four. 

The first degree of persons, as to this purpose, 
that the law takes knowledge of, is an alien enemy ; 
that is, such a one as is born under the obeisance of a 
prince or state that is in hostility with the king of 
England. To this person the law giveth no benefit 
or protection at all, but if he come into the realm 
after war proclaimed, or war in fact, he comes at his 


CASE OF THE POST-NATI OF SCOTLAND. 117 


own peril, he may be used as an enemy: for the law 
accounts of him, but, as the Scripture saith, as of a 
spy that comes to see the weakness of the land. And 
so it is in 2 Ric. III. fol. 2. Nevertheless this admit- 
teth a distinction. For if he come with safe-conduct 
otherwise it is: for then he may not be violated, | 
either in person or goods. But yet he must fetch 
his justice at the fountain-head, for none of the 
conduit pipes are open to him; he can have no 
remedy in any of the king’s courts; but he must 
complain himself before the king’s privy council : 
there he shall have a proceeding summary from hour 
to hour, the cause shall be determined by natural 
equity, and not by rules of law; and the decree of 
the council shall be executed by aid of the chancery, 
as in 13 Ed. IV. and this is the first degree. 

The second person is an alien friend, that is, such 
a one as is born under the obeisance of such a king 
or state as is confederate with the king of England, 
or at least not in war with him. ‘To this person the 
law allotteth this benefit, that as the law accounts 
that the hold it hath over him, is but a transitory 
hold, for he may be an enemy, so the law doth indue 
him but with a transitory benefit, that is, of move- 
able goods and personal actions. But for free-hold, 
or lease, or actions real or mixt, he is not enabled, 
except it be in “autre droit.” And so it is 9 E. IV. 
fol. 7. 19 E. IV. fol. 6. 5 Mar. and divers other books. 

The third person is a denizen, using the word 
properly, for sometimes it is confounded with a 
natural born subject. Thisis one that is but “ sub- 


116 CASE OF THE POST-NATI OF SCOTLAND. 


“‘ ditus insitivus,’ or ‘ adoptivus,” and is never by 
birth, but only by the king’s charter, and by no 
other mean, come he never so young into the realm, 
or stay he never so long. Mansion or habitation 
will not idenize him, no, nor swearing obedience to 
_ the king in a leet, which doth in-law the subject ; 
but only, as I said, the king’s grace and gift. To 
this person the law giveth an ability and capacity 
abridged, not in matter, but in time, and as there 
was a time when he was not subject, so the law doth 
not acknowledge him before that time. For if he 
purchase freehold after his denization, he may take 
it; but if he have purchased any before, he shall not 
hold it: so if he have children after, they shall in- 
herit; but if he have any before, they shall not 
inherit. © So as he is but privileged “ a parte post,” 
as the schoolmen say, and not “ a parte ante.” 

The fourth and last degree is a natural born 
subject, which is evermore by birth, or by act of 
parliament ; and he is complete and entire. For in 
the law of England there is “ nil ultra,” there is no 
more subdivision or more subtle division beyond 
these; and therein it seemeth to me that the 
wisdom of the law, as I said, is to be admired both 
ways, both because it distinguisheth so far, and 
because it doth not distinguish farther. For I know 
that other laws do admit more curious distinction of 
this privilege; for the Romans had, besides “ jus 
‘* civitatis,” which answereth to naturalization, “ jus 
* suffragii.” For although a man were naturalized 
to take lands and inheritance, yet he was not enabled 


CASE OF THE POST-NATI OF SCOTLAND. 119 


to have a voice at passing of laws, or at election 
of officers. And yet farther they have “ jus petiti- 
 onis,” or “jus honorum.” For though a man had 
voice, yet he was not capable of honour and office. 
But these be the devises commonly of popular or 
free estates, which are jealous whom they take into 
their number, and are unfit for monarchies; but by 
the law of England, the subject of that is natural 
born hath a capacity or ability to all benefits what- 
soever; I say capacity or ability: but to reduce 
“ potentiam in actum,” is another case. For an earl 
of Ireland, though he be naturalized in England, 
yet hath no voice in the parliament of England, 
except we have either a call by writ, or creation by 
patent ; but he is capable of either. But upon this 
quadripartite division of the ability of persons I do 
observe to your lordships three things, being all 
effectually pertinent to the question in hand. 

The first is, that if any man conceive that the 
reasons for the post-nati might serve as well for the 
ante-nati, he may by the distribution which we have 
made plainly perceive his error. For the law looketh 
not back, and therefore cannot by any matter “ ex 
“ post facto,” after birth, alter the state of the birth ; 
wherein no doubt the law hath a grave and profound 
reason; which is this, in a few words, “ Nemo subito 
“ fingitur; aliud est nasci, aliud fieri:” we indeed more 
respect and affect those worthy gentlemen of Scot- 
land whose merits and conversations we know; but 
the law that proceeds upon general reason, and looks 
upon no men’s faces, affecteth and privilegeth those 


120 CASE OF THE POST-NATI OF SCOTLAND. » 


which drew their first breath under the obeisance of 
the king of England. 

- The second point is, that by the former distribu- 
tion it appeareth that there be but two conditions by 
birth, either alien, or natural born, “ nam tertium 
penitus ignoramus.” It is manifest then, that if the 
post-nati of Scotland be not natural born, they are 
alien born, and in no better degree at all than 
Flemings, French, Italians, Spanish, Germans, and 
others, which are all at this time alien friends, by 
reason his majesty is in peace with all the world. 

The third point seemeth to me very worthy the 
consideration; which is, that in all the distributions 
of persons, and the degrees of abilities or capacities, 
the king’s act is all in all without any manner of re- 
spect to law or paliament. For it is the king that 
makes an alien enemy, by proclaiming a war, where- 
with the law or parliament intermeddles not. So 
the king only grants safe-conducts, wherewith law 
and parliament intermeddle not. It is the king like- 

wise that maketh an alien friend, by concluding a 
peace, wherewith law and parliament intermeddle 
not. It is the king that makes a denizen by his 
charter, absolutely of his prerogative and power, 
wherewith law and parliament intermeddle not. 
And therefore it is strongly to be inferred, that as 
all these degrees depend wholly upon the king’s act, 
and no ways upon law or parliament; so the fourth, 
although it cannot by the king’s patent, but by ope- 
ration of law, yet that the law, in that operation, 
respecteth only the king’s person, without respect of 


CASE OF THE POST-NATI OF SCOTLAND. 121 


subjection to law or. parliament. And thus much 
by way of explanation and inducement: which 
being all matter in effect confessed, is the strong- 
est ground-work to that which is contradicted or 
controverted. 

There followeth the confutation of the arguments 
on the contrary side. 

That which hath been materially objected, may 
be reduced to four heads. 

The first is, that the privilege of naturalization 
followeth allegiance, and that allegiance followeth 
the kingdom. 

The second is drawn from that common ground, 
“ cum duo jura concurrunt in una persona, equum 
“ est ac si essent in duobus;” arule, the words whereof 
are taken from the civil law; but the matter of it is 
received in all laws; being a very line or rule of 
reason, to avoid confusion. 

The third consisteth of certain inconveniences 
conceived to ensue of this general naturalization, 
“ ipso jure.” 

The fourth is not properly an objection, but a 
pre-occupation of an objection or proof on our part, 
by a distinction devised between countries devolute 
by descent, and acquired by conquest. 

For the first, it is not amiss to observe that those 
who maintain this new opinion, whereof there is 
“ altum silentium” in our books of law, are not well 
agreed in what form to utter and express that: for 
some said that allegiance hath respect to the law, 
some to the crown, some to the kingdom, some to 


1Zg CASE OF THE POST-NATI OF SCOTLAND. 


the body politic of the king: so there is confusion of 
tongues amongst them, as it commonly cometh to 
pass in opinions that have their foundations in sub- 
tlety and imagination of man’s wit, and not in the 
ground of nature. But to leave their words, and to 
come to their proofs: they endeavour to prove this 
conceit by three manner of proofs: first, by reason ; 
then, by certain inferences out of statutes; and 
lastly, by certain book-cases, mentioning and reciting 
the forms of pleadings. 

The reason they bring is this ; that naturalization 
is an operation of the law of England ; and so indeed 
it is, that may be the true genus of it. 

Then they add, that granted, that the law of 
England is of force only within the kingdom and 
dominions of England, and cannot operate but where 
it is in force. But the law is not in force in Scot- 
land, therefore that cannot endure this benefit of 
naturalization by a birth in Scotland. 

This reason is plausible and sensible, but ex- 
tremely erroneous. For the law of England, for 
matters of benefit or forfeitures in England, operateth 
over the world. And because it is truly said that 
“ respublica continetur pena et premio,” I will put 
a case or two of either. 

It is plain that if a subject of Englaud had con- 
spired the death of the king in foreign parts, it was 
by the common law of England treason. How 
prove I that? By the statutes of 35 H. VIII. cap. 2 
wherein you shall find no words at all of making 
any new case of treason which was not treason 


CASE OF THE POST-NATI OF SCOTLAND. 123 


before, but only of ordaining a form of trial ; “ ergo,” 
it was treason before: and if so, then the law 
of England works in foreign parts. So of con- 
tempts, if the king send his privy seal to any subject 
beyond the seas, commanding him to return, and he 
disobey, no man will doubt but there is a contempt 
and yet the fact enduring the contempt was com- 
mitted in foreign parts. 

Therefore the law of England doth extend to acts 
or matters done in foreign parts. So of reward, 
privilege or benefit, we need seek no other instance 
than the instance in question; for I will put youa 
case that no man shall deny, where the law of 
England doth work and confer the benefit of natu- 
ralization upon a birth neither within the dominions 
of the kingdom, nor king of England. By the 
statute of 25 E, III. which, if you will believe Hussey, 
is but a declaration of the common law, all children 
born in any parts of the world, if they be of English 
parents continuing at that time as liege subjects to 
the king, and having done no act to forfeit the benefit 
of their allegiance, are “ipso facto” naturalized. 
Nay, if a man look narrowly into the law in this 
point, he shall find a consequence that may seem at 
the first strange, but yet cannot be well avoided ; 
which is, that if divers families of English men and 
women plant themselves at Middleborough, or at 
Roan, or at Lisbon, and have issue, and their de- 
scendants do intermarry amongst themselves, with- 
out any intermixture of foreign blood; such descend- 
ants are naturalized to all generations: for every 


124 CASE OF THE POST-NATI OF SCOTLAND. 


generation is still of liege parents, and therefore na- 
turalized; so as you may have whole tribes and 
lineages of English in foreign countries. 

And therefore it is utterly untrue that the law of 
England cannot operate or confer naturalization, but 
only within the bounds of the dominions of England. 
To come now to their inferences upon statutes; the 
first is out of this statute which I last recited. In 
which statute it is said, that in four several places 
there are these words, “ born within the allegiance 
“ of England ;” or again, “ born without the allegi- 
“of England,” which, say they, applies the allegi- 
ance to the kingdom, and not to the person of the 
king. To this the answer is easy; for there is no 
trope of speech more familiar than to use the place 
of addition for the person. So we say commonly, 
the line of York, or the line of Lancaster, for the 
lines of the duke of York, or the duke of Lancaster. 

So we say the possessions of Somerset, or War- 
wick, intending the possessions of the dukes of So- 
merset or earls of Warwick. So we see earls sign, 
Salisbury, Northampton, for the earls of Salisbury 
er Northampton. And in the very same manner the 
statute speaks, allegiance of England, for allegiance 
of the king of England. Nay more, if there had 
been no variety in the penning of that statute, this 
collection had had a little more force; for those 
words might have been thought to have been used of 
purpose and in propriety ; but you may find in three 
other several places of the same statute, allegiance 
and obeisance of the king of England, and especially 


CASE OF THE POST-NATI OF SCOTLAND. 125 


in the material and concluding place, that is to say, 
children whose parents were at the time of their 
birth at the faith and obeisance of the king of Eng- 
land. Sothat it is manifest by this indifferent and 
promiscuous use of both phrases, the one proper, the 
other improper, that no man can ground any infer- 
ence upon these words without danger of cavillation. 
The second statute out of which they infer, is a 
statute made in 32 Hen. VIII. touching the policy of 
strangers tradesmen within this realm. For the par- 
liament finding that they did eat the Englishmen out 
of trade, and that they entertained no apprentices 
but of their own nation, did prohibit that they should 
recelve any apprentice but the king’s subjects. In 
which statute is said, that in nine several places there 
is to be found this context of words, “ aliens born 
“ out of the king’s obedience ;” which is pregnant, 
say they, and doth imply that there be aliens born 
within the king’s obedience. ‘Touching this infer- 
ence, I have heard it said, “ qui heeret in litere, 
** hoeret in cortice ;” but this is not worthy the name 
of “ cortex,” it is but “ muscus corticis,” the moss of 
the bark. For it is evident that the statute meant 
to speak clearly and without equivocation, and to a 
common understanding. Now then there are aliens 
in common reputation, and aliens in precise con- 
struction of law; the statute then meaning not to 
comprehend Irishmen, or Jerseymen, or Calaismen, 
for explanation-sake, lest the word alien might be ex- 
tended to them in a vulgar acceptance, added those 
further words, “ born out of the king’s obedience.” 


126 CASE OF THE POST-NATI OF SCOTLAND. 


Nay, what if we should say, that those words, ac- 
cording to the received laws of speech, are no words 
of difference or limitation, but of declaration or des- 
cription of an alien, as if it had been said, with a 
“ videlicet,” aliens; that is, such as are born out of 
the king’s obedience? they cannot put us from that 
construction. But sure I am, if the bark make for 
them, the pith makes for us; for the privilege of 
liberty which the statute means to deny to aliens of 
entertaining apprentices, is denied to none born 
within the king’s obedience, call them aliens or what 
you will. And therefore by their reason, a “ post- 
“ natus” of Scotland shall by that statute keep what 
stranger apprentices he will, and so is put in the 
degree of an English. The third statute out of 
which inference is made, is the statute of 14 KE. III. 
cap. solo, which hath been said to be our very case ; 
and I am of that opinion too, but directly the other 
way. Therefore to open the scope and purpose 
of that statute: after that the title to the crown of 
France was devolute to K. E. III. and that he had 
changed his style, changed his arms, changed his 
seal, as his majesty. hath done, the subjects of Eng- 
land, saith the statute, conceived a fear that the 
realm of England might become subject to the 
realm of France, or to the king as king of France. 
And I will give you the reasons of the double fear, 
that it should become subject to the realm of France. 
They had this reason of fear; Normandy had 
conquered England, Normandy was feudal of France, 
therefore because the superior seigniory of France 


CASE OF THE POST-NATI OF SCOTLAND. 127 


was now united in right with the tenancy of Nor- 
mandy, and that England, in regard of the conquest, 
might be taken as a perquisite to Normandy, they 
had probable reason to fear that the kingdom of 
England might be drawn to be subject to the realm 
of France. The other fear, that England might 
become subject to the king as king of France, grew 
no doubt of this foresight, that the kings of England 
might be like to make their mansion and seat of 
their estate in France, in regard of the climate, 
wealth, and glory of that kingdom ; and thereby the 
kingdom of England might be governed by the 
king’s mandates and precepts issuing as from the 
king of France. But they will say, whatsoever the 
occasion was, here you have the difference authorised 
of subjection to a king generally, and subjection to 
a king as king of a certain kingdom: but to this 
I give an answer threefold : 

First, it presseth not the question ; for doth any 
man say that a “ post-natus” of Scotland is na- 
turalized in England, because he is a subject of the 
king as king of England ? No, but generally because 
he is the king’s subject. 

Secondly, The scope of this law is to make a 
distinction between crown and crown; but the scope 
of their argument is to make a difference between 
crown and person. Lastly, this statute, as I said, 
is our very case retorted against them ; for this is a 
direct statute of separation, which presupposeth that 
the common law had made an union of the crowns in 
some degree, by virtue of the union of the king’s 


128 CASE OF THE POST-NATI OF SCOTLAND. 


person: if this statute had not been made to stop 
and cross the course of the common law in that 
point, as if Scotland now should be suitors to 
the king, that an act might pass to like effect, and 
upon like fear. And therefore if you will make good 
your distinction in this present case, shew us a 
statute for that. But I hope you can shew no 
statute of separation between England and Scotland. 
And if any man say that this was a statute declara- 
tory of the common law, he doth not mark how that 
is penned ; for after a kind of historical declaration 
in the preamble, that England was never subject to 
France, the body of the act is penned thus: “ The 
king doth grant and establish :” which are words 
merely introductive “ nove legis,” as if the king 
gave a charter of franchise, and did invest, by a do- 
native, the subjects of England with a new pri- 
vilege or exemption, which by the common law they 
had not. 

To come now to the book-cases which they put ; 
which I will couple together, because they receive 
one joint answer. 

The first is 42 E. III. fol. where the book saith, 
exception was taken that the plaintiff was born 
in Scotland at Ross, out of the allegiance of 
England. 

The next is 22 H. VI. fol. 38. Adrian’s case ; 
where it is pleaded that a woman was born at 
Bruges, out of the allegiance of England. 

_ The third is 13 Eliz. Dyer, fol. 300, where 
the case begins thus: “ Doctor Story qui notorie 


CASE OF THE POST-NATI OF SCOTLAND. 129 


« dignoscitur esse subditus regni Anglia.” In all 
these three, say they, that is pleaded, that the party 
is subject of the kingdom of England, and not of the 
king of England. 

To these books I give this answer, that they be 
not the pleas at large, but the words of the reporter, 
who speaks compendiously and narratively, and not 
according to the solemn words of the pleading... If 
you find a case put, that it is pleaded a man was 
seised in feesimple, you will not infer upon that, that 
the words of the pleading were. “ in feodo simplici,” 
but “ sibi et heredibus suis.” But shew me some 
precedent of a pleading at large, of “ natus sub 
“ ligeantia regni Anglie ;” for whereas Mr. Walter 
said that pleadings are variable in this point, he 
would fain bring it to that; but there is no such 
matter; for the pleadings are constant and uniform 
in this point: they may vary in the word “ fides,” or 
“ ligeantia,” or “ obedientia,” and some other cireum- 
tances; but in the form of “ regni” and “ regis” 
they vary not: neither can there, as I am persuaded, 
be any one instance shewed forth to the contrary. 
See 9 Eliz. 4 Baggot’s Assize, fol. 7. where the 
pleading at large is entered in the book; there you 
have “ alienigena natus extra ligeantiam domini re- 
“gis Anglie.” See the precedents in the book of 
entries, pl. 7. and two other places, for there be no 
more: and there you shall find still “ sub ligeantia 
« domini regis,” or “extra legeantiam domini re- 
*« gis.” And therefore the forms of pleading, which 
are things so reverend, and are indeed towards 

VOL. V. K 


130 CASE OF THE POST-NATI OF SCOTLAND. 


the reasons of the law, as “ palma,” and “ pugnus,” 
containing the reasons of the law, opened or un- 
folded, or displayed, they make all for us. And for 
the very words of reporters in books, you must 
acknowledge and say, “ ilicet obruimur numero.” 
For you have 22 Ass, pl. 25, 27 Ass. the prior of 
Shell’s case, pl. 48. 14 H. IV. fol. 19. 8 H. VI. 
fol. 835. 6 H. VILL. in my lord Dyer, fol. 2, In all 
these books the very words of the reporters have 
the allegiance of the king,” and not, the allegiance 
of England, And the book in the 24 Edw. III. 
which is your best book, although while it is tossed 
at the bar, you have sometimes the words “ alle- 
“ giance of England,” yet when it comes to Thorp, 
chief justice, to give the rule, he saith, “ we will be 
“certified by the roll, whether Scotland be within 
“the allegiance of the king.” Nay, that farther 
form of pleading beateth down your opinion : that it 
sufficeth not to say that he is born out of the 
allegiance of the king, and stay there, but he must 
shew in the affirmative, under the allegiance of what 
king or state he was born, The reason whereof 
cannot be, because it may appear whether he be 
a friend or an enemy, for that in a real action is 
all one : nor it cannot be because issue shall be taken 
thereupon ; for the issue must arise on the other side 
upon “ indigena” pleaded and traversed, And there- 
fore it can have no other reason, but to apprize 
the court more certainly, that the country of the 
birth is none of those that are subject to the king. 
As for the trial, that it should be impossible to be 


CASE OF THE POST-NATI OF SCOTLAND, Sl 


tried, I hold it not worth the answering; for the 
“ Venire facias” shall go either where the natural 
birth is laid, although it be but by fiction, or if it be 
laid according to the truth, it shall be tried where 
the action is brought, otherwise you fall upon a 
main rock, that breaketh your argument in picces ; 
for how should the birth of an Irishman be tried, or 
of a Jerseyman? nay, how should the birth of a sub- 
ject be tried, that is born of English parents in Spain 
or Florence, or any part of the world? For to all 
these the like objection of trial may be made, 
because they are within no countries: and this 
receives no answer. And therefore I will now pass 
on to the second main argument, 

It is a rule of the civil law, say they, “Cum duo 
“ jura,” &c. when two rights do meet in one person, 
there is no confusion of them, but they remain still 
in the eye of law distinct, as if they were in several 
persons: and they bring examples of one man bishop 
of two sees, or one parson that is rector of two 
churches. ‘They say this unity in the bishop or the 
rector doth not create any privity between the 
parishioners or dioceseners, more than if there were 
several bishops, or several parsons. ‘This rule I 
allow, as was said, to be a rule not of the civil law 
only but of common reason, but receiveth no forced 
or coined but a true and sound distinction or limi- 
tation, which is, that it evermore faileth and de- 
ceiveth in cases where there is any vigour or 
operation of the natural person; for generally in 
corporations the natural body is but “ suffuleimentum 


132 CASE OF THE POST-NATI OF SCOTLAND. 


“‘tum corporis corporati,” itis but as a stock to 
uphold and bear out the corporate body ; but other- 
Wise it is in the case of the crown, as shall be 
manifestly proved in due place. But to shew that 
this rule receiveth this distinction, I will put but two 
cases ; the statute of 21 H. VIII. ordaineth that a 
marquis may retain six chaplains qualified, a lord 
treasurer of England four, a privy counsellor three. 
The lord treasurer Paulet was marquis of Win- 
chester, lord treasurer, of England, and privy coun- 
cillor, all at once. The question was, whether 


he should qualify thirteen chaplains? Now by the 


rule “ Cum duo jura” he should; but adjudged, he 
should not. And the reason was, because the 
attendance of chaplains concerned and respected his 
natural person; he had but one soul, though he had 
three offices. The other case which I will put is 
the case of homage. A man doth homage to his 
lord for a tenancy held of the manor of Dale; there 
descendeth unto him afterwards a tenancy held of 
the manor of Sale, which manor of Sale is likewise 
in the hands of the same lord. Now by the rule 
“ Cum duo jura,” he should do homage again, two 
tenancies and two seinories, though but one tenant 
and one lord, “ equum est ac si set, in duobus :” but 
ruled that he should not do homage again: nay in 
the case of the king he shall not pay a second 
respect of homage, as upon grave and deliberate 
consideration it was resolved, 24 Hen. VIII. and 
 usus scaccarii,” as there is said, accordingly. And 
the reason is no other but because when a man 


inegy gees 


SES Se 


elie mea em Sys 


SEE at RODEN te Ra oaths 


CASE OF THE POST-NATI OF SCOTLAND. 133 


is sworn to his lord, he cannot be sworn over again: 
he hath but one conscience, and the obligation 
of this oath trencheth between the natural person of 
the tenant and the natural person of the lord. And 
certainly the case of homage and tenure, and of 
homage leige, which is one case, are things of a near 
nature, save that the one is much inferior to the 
other; but it is good to behold these great matters 
of state in cases of lower element, as the eclipse of 
the sun is used to be in a pail of water. 

The third main argument containeth certain 
supposed inconveniences, which may ensue of a 
general naturalization “ipso jure,” of which kind 
three have been specially remembered. 

The first is the loss of profit to the king upon 
letters of denization and purchases of aliens. 

The second is the concourse of Scotsmen into this 
kingdom, to the enfeebling of that realm of Scotland 
in people, and the impoverishing of this realm of 
England in wealth. 

The third is, that the reason of this case stayeth 
not within the compass of the present case ;- for 
although it were some reason that Scotsmen were 
naturalized, being people of the same island and 
language, yet the reason which we urge, which is, 
that they are subject to the same king, may be 
applied to persons every way more estranged from 
us than they are; asif in future time, in the king’s 
descendents, there should be a match with Spain, 
and the dominions of Spain should be united with 
the crown of England, by one reason, say they, all 


134 CASE OF THE POST-NATI OF SCOTLAND. 


the West Indies should be naturalized; which 
are people not only “ alterius soli,” but “ alte- 
“ rlus ceeli.” 

To these conceits of inconvenience, how easy it 
is to give answer, and how weak they are in them- 
selves, I think no man that doth attentively ponder 
them can doubt; for how small revenue can arise of 
such denizations, and how honourable were it for 
the king to take escheats of his subjects, as if they 
were foreigners, for seizure of aliens’ lands are in 
regard the king hath no hold or command of their 
persons and services, every one may perceive. And 
for the confluence of Scotsmen, I think, we all con- 
ceive the springtide is past at the king’s first coming 
in. And yet we see very few families of them 
throughout the cities and boroughs of England. 
And for the naturalizing of the Indies, we. can 
readily help that, when the case comes; for we can 
make an act of parliament of separation if we like 
not their consort. But these being reasons politic, 
and not legal, and we are not now in parliament, 
but before a judgment seat, I will not meddle with 
them, especially since I have one answer which 
avoids and confounds all their objections in law ; 
which is, that the very self-same objections do hold 
in countries purchased by conquest. For in subjects 
obtained by conquest, it were more profit to indeni- 
_ zate by the poll; in subjects obtained by conquest, 
they may come in too fast. And if king Henry VII. 
had accepted the offer of Christopher Columbus, where- 
by the crown of England had obtained the Indies by 


CASE OF THE POST-NATI OF SCOTLAND. 135 


conquest or occupation, all the Indies had been 
naturalized by the confession of the adverse part. 
And therefore since it is confessed, that subjects ob- 
tained by conquest are naturalized, and that all these 
objections are common and indifferent, as well to 
case of conquest as case of descent, these objections 
are in themselves destroyed. 

And therefore, to proceed now to overthrow that 
distinction of descent and conquest. Plato saith well, 
the strongest of all authorities is, if a man can allege 
the authority of his adversary against himself: we do 
urge the confession of the other side, that they con- 
fessed the Irish are naturalized ; that they confess the 
subjects of the Isles of Jersey and Guernsey, and 
Berwick, to be naturalized, and the subjects of 
Calais and Tournay, when they were English, were 
naturalized ; as you may find in the 5 Eliz. in Dyer, 
upon the question put to the judges by Sir Nicholas 
Bacon, lord keeper. 

To avoid this, they fly to a difference, which is 
new-coined, and is, (I speak not to the disadvantage 
of the persons that use it; for they are driven to it 
“tanquam ad ultimum refugium;” but the dif- 
ference itself,) itis, I say, full of ignorance and error. 
And therefore, to take a view of the supports of this 
difference, they allege four reasons. 

The first is, that countries of conquest are made 
parcel of England, because they are acquired by the 
arms and treasure of England. To this I answer, 
that it were a very strange argument, that if I wax 
rich upon the manor of Dale, and upon the revenue 


136 CASE OF THE POST-NATI OF SCOTLAND. 


thereof purchase a close by it, that it should make 
that parcel of the manor of Dale. But I will set this 
new learning on ground with a question or case put. 
For I oppose them that hold this opinion with this 
question, If the king should conquer any foreign 
country by an army compounded of Englishmen and 
Scotsmen, as it is like, whensover wars are, so it will 
be, I demand, Whether this country conquered shall 
be naturalized both in England and Scotland, be- 
cause it was purchased by the joint arms of both? 
and if yea, Whether any man will think it reasonable, 
that such subjects be naturalized in both kingdoms ; 
the one kingdom not being naturalized toward the 
other ? 

These are the intricate consequences of conceits. 

A second reason they allege is, that countries 
won by conquest become subject to the laws of Eng- 
land, which countries patrimonial are not, and that 
the law doth draw the allegiance, and allegiance 
naturalization. : 

But to the major proposition of that argument, 
touching the dependency of allegiance upon law, 
somewhat hath been already spoken, and full answer 
shall be given when we come to it. But in this 
place it shall suffice to say, that the minor propo- 
sition is false; that is, that the laws of England are 
not superinduced upon any country by conquest ; 
but that the old laws remain until the king by his 
proclamation or letters patent declare other laws; 
and then if he will he may declare laws which be 
utterly repugnant, and differing from the laws of 


sig ie 


SE Sagas eee eee an oes 


CASE OF THE POST-NATI OF SCOTLAND. 437 


England. And hereof many ancient precedents and 
records may be shewed, that the reason why Ireland 
is subject to the laws of England is not “ ipso jure” 
upon conquest, but grew by a charter of king John ; 
and that extended but to so much as was then in 
the king’s possession; for there are records in the 
time of king E. I. and II. of divers particular 
grants to sundry subjects of Ireland and their heirs, 
that they might use and observe the laws of 
England. 

The third reason is, that there is a politic neces- 
sity of intermixture of people in case of subjection by 
conquest, to remove alienations of mind, and to 
secure the state; which holdeth not in case of 
descent. Here I perceive Mr. Walter hath read 
somewhat in matter of state; and so have I likewise ; 
though we may both quickly lose ourselves in causes 
of this nature. I find by the best opinions, that 
there be two means to assure and retain in obedience 
countries conquered, both very differing, almost in 
extremes, the one towards the other. 

The one is by colonies, and intermixture of peo- 
ple, and transplantation of families, which Mr. 
Walter spoke of; and it was indeed the Roman 
manner: but this is like an old relic, much re- 
verenced and almost never used. But the other, 
which is the modern manner, and almost wholly in 
practice and usé, is by garrisons and citadels, and 
lists or companies of men of war, and other like mat- 
ters of terror and bridle. 

To the first of these, which is little used, it is true 


138 CASE OF THE POST-NATI OF SCOTLAND. 


that naturalization doth conduce, but to the latter it 
is utterly opposite, as putting too great pride and 
means to do hurt in those that are meant to be kept 
short and low. And yet in the very first case, of the 
Roman proceeding, naturalization did never follow by 
conquest, during all the growth of the Roman empire; 
but was ever conferred by charters, or donations, 
sometimes to cities and towns, sometimes to particu- 
lar persons, and sometimes to nations, until the time 
of Adrian the emperor, and the law “In orbe 
“ Romano:” and that law or constitution is not 
referred to title of conquest and arms only, but to all 
other titles; as by the donation and testament of 
kings, by submission and dedition of states, or the 
like: so as this difference was as strange to them as 
to us. And certainly I suppose it will sound 
strangely, in the hearing of foreign nations, that the 
law of England should “ ipso facto” naturalize sub- 
jects of conquests, and shall not naturalize subjects 
which grow unto the king by descent; that is, 
that it should confer the benefit and privilege of na- 
turalization upon such as cannot at the first but bear 
hatred and rancour to the state of England, and have 
had their hands in the blood of the subjects of Eng- 
land, and should deny the like benefit to those that 
are conjoined with them by a more amiable mean ; 
and that the law of England should confer naturali- 
zation upon slaves and vassals, for people conquered 
are no better in the beginning, and should deny it to 
freemen: I say, it will be marvelled at abroad, of 
what complexion the laws of England be made, that 


ramen kee ees 


enn A EEN RNC TORR 


CASE OF THE POST-NATI OF SCOTLAND. 139 


breedeth such differences. But there is little danger 
of such scandals; for this is a difference that the law 
of England never knew. 

The fourth reason of this difference is, that in 
case of conquest the territory united can never be 
separated again. But in case of descent, there is a 
possibility ; if his majesty’s line should fail, the king- 
doms may sever again to their respective heirs ; as in 
the case of 8 Hen. VI. where it is said, that if land 
descend to a man from the ancestor on the part of 
his father, and a rent issuing out of it from an 
ancestor on the part of the mother; if the party die 
without issue, the rent is revived. As to this reason, 
I know well the continuance of the king’s line is no 
less dear to those that allege the reason, than to us 
that confute it. So as I do not blame the passing 
of the reason: but it is answered with no great 
difficulty; for, first, the law doth never respect 
remote and foreign possibilities ; as notably appeared 
in the great case between Sir Hugh Cholmley and 
Houlford in the exchequer, where one in the re- 
mainder, to the end to bridle tenant in tail from 
suffering a common recovery, granted his remainder 
to the king; and because he would be sure to have 
it out again without charge or trouble when his turn 
was served, he limited it to the king during the life 
of tenant in tail. Question grew, whether this grant 
of remainder were good, yea or no. And it was 
said to be frivolous and void, because it could never by 
any possibility execute; for tenant in tail cannot 
surrender; and if he died, the remainder likewise 


140 CASE OF THE POST-NATI OF SCOTLAND. 


ceased. ‘To which it was answered, that there was 
a possibility that it might execute, which was thus: 
Put case, that tenant in tail should enter into 
religion, having no issue: then the remainder should 
execute, and the kings should hold the land during 
the natural life of tenant in tail, notwithstanding his 
civil death. But the court “ una voce” exploded this 
reason, and said, that monasteries were down, and 
entries into religion gone, and they must be up again 
ere this could be ; and that the law did not respect 
such remote and foreign possibilities. And so we 
may hold this for the like: for I think we all hope 
that neither of those days shall ever come, either for 
monasteries to be restored, or for the king’s line to 
fail. But the true answer is, that the possibility 
subsequent, remote or not remote, doth not alter the 
operation of law for the present. For that should 
be, as if in case of the rent which you put, you 
should say, that in regard that the rent may be 
severed, it should be said to be, “ in esse” in the 
mean time, and should be grantable; which is 
clearly otherwise. And so in the principal case, if 
that should be, which God of his goodness forbid, 
“ cessante causa cessat effectus,” the benefit of 
naturalization for the time to come is dissolved. 
But that altereth not the operation of the law; 
“yebus sic stantibus.” And therefore I conclude 
that this difference is but a device full of weakness 
and ignorance; and that there is one and the same 
reason of naturalizing subjects by descent, and sub- 
jects by conquest; and that is the union in the 


CASE OF THE POST-NATI OF SCOTLAND. 141 


person of the king; and therefore that the case of 
Scotland is as clear as that of Ireland, and they that 
grant the one cannot deny the other. And so I 
conclude the second part, touching confutation. 

To proceed therefore to the proofs of our part, 
your lordships cannot but know many of them must 
be already spent in the answer which we have made 
to the objection. For “ corruptio unius, generatio 
alterius,” holds as well in arguments, as in nature, 
the destruction of an objection begets a proof. But 
nevertheless I will avoid all iteration, lest I should 
seem either to distract your memories, or to abuse 
your patience; but will hold myself only to these 
proofs which stand substantially of themselves, and 
are not intermixed with matter of confutation. I 
will therefore prove unto your lordships that the 
post-natus of Scotland is by the law of England 
natural, and ought so to be adjudged, by three 
courses of proof. 

1, First, upon point of favour of law. 

2. Secondly, upon reasons and authorities of law. 

3. And lastly, upon former precedents and ex- 
amples. 

1. Favour of law: what mean I by that? The 
law is equal and favoureth not. It is true not persons 
but things or matters it doth favour. Is it nota 
common principle, that the law favoureth three 
things, life, liberty, and dower? And what is the 
reason of this favour? This, because our law is 
grounded upon the law of nature. And these three 
things do flow from the law of nature, preservation 


142 CASE OF THE POST-NATI OF SCOTLAND. 


of life natural; liberty, which every beast or bird 
seeketh and affecteth naturally; the society of man 
and wife, whereof dower is the reward natural. It 
is well, doth the law favour liberty so highly, as a 
man shall enfranchise his bondman when he thinketh 
not of it, by granting to him lands or goods; and is 
the reason of it “ quia natura omnes homines erant 
“ jiberi;” and that servitude or villenage doth cross 
and abridge the law of nature? And doth not the 
self-same reason hold in the present case? For, my 
lords, by the law of nature all men in the world are 
naturalized one towards another; they were all 
made of one lump of earth, of one breath of God ; 
they had the same common parents : nay, at the first 
they were, as the Scripture sheweth, “ unius labii,” of 
one language, until the curse; which curse, thanks 
be to God, our present case is exempted from. 
It was civil and national laws that brought in these 
words, and differences, of “ civis” and “ exterus,” 
alien and native. And therefore because they tend 
to abridge the law of nature, the law favoureth not 
them, but takes them strictly; even as our law 
hath an excellent rule, That customs of towns and 
boroughs shall be taken and construed strictly and 
precisely, because they do abridge and derogate from 
the law of the land. So by the same reason, all na- 
tional Jaws whatsoever are to be taken strictly and 
hardly in any point wherein they abridge and dero- 
gate from the law of nature. Whereupon I conclude 
that your lordships cannot judge the Jaw for the 
other side, except the case be “ luce clarius.” And 


CASE OF THE POST-NATI OF SCOTLAND. 143 


if it appear to you but doubtful, as I think no man 
in his right senses but will yield it to be at least 
doubtful, then ought your lordships, under your cor- 
rection be it spoken, to pronounce for us because of 
the favour of the Jaw. Furthermore as the law of 
England must favour naturalization as a branch of 
the law of nature, so it appears manifestly, that it 
doth favour it accordingly. For is it not much to 
make a subject naturalized ? By the law of England, 
it should suffice, either place or parents, if he be 
born in England, it is no matter though his parents 
be Spaniards, or what you will. On the other side, 
if he be born of English parents, it skilleth not 
though he be born in Spain, or in any other place of 
the world. In such sort doth the law of England 
open her lap to receive in people to be naturalized ; 
which indeed sheweth the wisdom and excellent com- 
position of our law, and that it is the law of a war- 
like and magnanimous nation fit for empire. For 
look, and you shall find that such kind of estates have 
been ever liberal in point of naturalization; whereas 
merchant-like and envious estates have been other- 
wise. 

For the reasons of law joined with authorities, I 
do first observe to your lordships, that our assertion 
or affirmation is simple and plain: that it sufficeth to 
naturalization, that there be one king, and that the 
party be “natus ad fidem regis,” agreeable to the 
definition of Littleton, which is: Alien is he which is 
born out of the allegiance of our lord the king. 
They of the other side speak of respects, and 


144 CASE OF THE POST-NATI OF SCOTLAND. 


“ quoad,” and “ quatenus,” and such subtilties and 
distinctions. To maintain therefore our assertion, I 
will use three kinds of proof. 

The first is, that allegiance cannot be applied to 
the law or kingdom, but to the person of the king, 
because the allegiance of the subject is more large 
and spacious, and hath a greater latitude and com- 
prehension than the law or the kingdom. And there- 
fore it cannot be a dependency of that without the 
which it may of itself subsist. 

The second proof which I will use is, that the 
natural body of the king hath an operation and in- 
fluence upon his body politic, as well as his body 
politic hath upon his body natural; and therefore 
that although his body politic of king of England, 
and his body politic of king of Scotland, be several 
and distinct, yet nevertheless his natural person, 
which is one, hath an operation upon both, and 
createth a privity between them. 

And the third proof is the binding text of five 
several statutes. 

For the first of these, I shall make it manifest, 
that the allegiance is of a greater extent and dimen- 
sion than laws or kingdom, and cannot consist by the 
laws merely ; because it began before laws, it con- 
tinueth after laws, and it is in vigour where laws are 
suspended and have not their force. That it is 
more ancient than law, appeareth by that which was 
spoken in the beginning by way of inducement, 
where I did endeavour to demonstrate, that the ori- 
ginal age of kingdoms was governed by natural 


CASE OF THE POST-NATI OF SCOTLAND, 145 


equity, that kings were more ancient than lawgivers, 
that the first submissions were simple, and upon con- 
fidence to the person of kings, and that the alle- 
giance of subjects to hereditary monarchies can no 
more be said to consist by laws, thai the obedience 
of children to parents. | 

That allegiance continueth after laws, I will only 
put the case, which was remembered by two great 
judges in a great assembly, the one of them now with 
God: which was, that if a king of England should 
be expulsed his kingdom, and some particular sub- 
jects should follow him in flight or exile in foreign 
parts, and any of them there should conspire his 
death ; that upon his recovery of his kingdom, such 
a subject might by the law of England be proceeded 
with for treason committed and perpetrated at what 
time he had no kingdom, and in place where the law 


did not bind. 


That allegiance is in vigour and force where the 
power of law hath a cessation, appeareth notably in 
time of wars, for “ silent leges inter arma.” And yet 
the sovereignty and imperial power of the king is so 
far from being then extinguished or suspended, as 
contrariwise it is raised and made more absolute; for 
then he may proceed by -his supreme authority, and 
martial law, without observing formalities of the 
laws of his kingdom. And therefore whosoever 
speaketh of laws, and the king’s power by laws, and 
the subjects obedience or allegiance to laws, speak but 
of one half of thecrown.. For Bracton, out of Jus- 
tinian, doth truly define the crown to consist of laws 

VOL. V. L 


146 CASE OF THE POST-NATI OF SCOTLAND. 


and arms, power civil and martial, with the latter — 
whereof the law doth not intermeddle: so as where 
it is much spoken, that the subjects of England are 
under one law, and the subjects of Scotland are 
under another law, it is true at Edinburgh or Stir- 
ling, or again in London or York; but if English- 
men and Scotsmen meet in an army royal before 
Calais, I hope then they are under one law. So 
likewise not only in time of war, but in time of pere- 
grination: If a king of England travel or pass 
through foreign territories, yet the allegiance of his 
subjects followeth him: as appeareth in that no- 
table case which is reported in Fleta, where one of 
the train of king Edward I. as he passed through 
France from the holy land, embezzled some silver 
plate at Paris, and jurisdiction was demanded of this 
crime by the French king’s counsel at law, “ ratione 
“ soli,” and demanded likewise by the officers of king 
Edward, “‘ ratione persone ;” and after much so- 
lemnity, contestation, and interpleading, it was ruled 
and determined for king Edward, and the party 
tried and judged before the knight marshal of the 
king’s house, and hanged after the English law, and 
execution in St. Germain’s meadows. And so much 
for my first proof. 

For my second main proof, that is drawn from 
the true and legal distinction of the king’s several ca- 
pacities ; for they that maintain the contrary opinion 
do in effect destroy the whole force of the king’s na- 
tural capacity, as if it were drowned and swallowed 
up by his politic. And therefore I will first prove to 


Gi 


Sl aaa A a a "sald 


CASE OF THE POST-NATI OF SCOTLAND. 147 


your lordships, that his two capacities are in no sort 
confounded. And secondly, that as his capacity 
politic worketh so upon his natural person, as it 
makes it differ from all other the natural persons of 
his subjects: so “e converso,” his natural body 
worketh so upon his politic, as the corporation of the 
crown utterly differeth from all other corporations 
within the realm. 

For the first, I will vouch you the very words 
which I find in that notable case of the duchy, where 
the question was, whether the grants of king 
Edward VI. for duchy lands should be avoided in 
points of nonage ? The case as your lordships know 
well, is reported by Mr. Plowden as the general re- 
solution of all the judges of England, and the 
king’s learned counsel, Rouswell the solictor only 
excepted ; there I find the said words, Comment: 
fol. 215. “ There is in the king not a body natural 
“ alone, nor a body politic alone, but a body natural 
“‘ and politic together: “ corpus corporatum in cor- 
“ pore naturali, et corpus naturale in corpore corpo- 
“ yato.” The like I find in the great case of the lord 
Berkley set down by the same reporter, Comment. 
fol. 234, ‘‘ Though there be in the king two bodies, 
“ and that those two bodies are conjoined, yet are they 
“ by no means confounded the one by the other.” | 

Now then to see the mutual and reciprocal 
intercourse, as I may term it, or influence or com- 
munication of qualities, that these bodies have the 
one upon the other: the body politic of the crown 


148 CASE OF THE POST-NATI OF SCOTLAND. > 


induceth the natural person of the king with these- 
perfections: That the king in law shall never be. 
said to be within age: that his blood shall never be 
corrupted ; and that if he were attainted before, the 
very assumption of the crown purgeth it. That the 
king shall not take but by matter of record, although 
he take in his natural capacity as upon a gift in tail. 
That his body in law shall be said to be as it were 
immortal; for there is no death of the king in law, 
but a demise, as it is termed : with many other the 
like privileges and differences from other natural 
persons too long to rehearse, the rather because the 
question laboureth not in that part. But on the 
contrary part let us see what operations the king’s 
natural person hath upon his crown and body politic ; 
of which the chiefest and greatest is, that it causeth 
the crown to go by descent which is a thing strange 
and contrary to the course of all corporations, which 
evermore take in succession and not by descent ; for 
no man can shew me in all the corporations of 
England, of what nature soever, whether they con- 
sist of one person or of many; or whether they be 
temporal or ecclesiastical, any one takes to him 
and his heirs, but all to him and his successors. And 
therefore here you may see what a weak course that 
is, to put cases of bishops and parsons, and the like, 
and to apply them to the crown. For the king 
takes to him and his heirs in the manner of a 
natural body, and the word, successors, is but 
superfluous: and where that is used, that is ever 


CASE OF THE POST-NATI OF SCOTLAND. 149 


duly placed after the word, heirs, “the king, his 
* heirs, and successors.” 

Again, no man can deny but “ uxor et filius sunt 
“nomina nature.” A corporation can have no wife, 
nor a corporation can have no son: how is it then 
that it is treason to compass the death of the queen 
or of the prince ? There is no part of the body politic 
of the crown in either of them, but it is entirely in 
the king. So likewise we find in the case of the 
lord Berkley, the question was, whether the statute 
of 35 Henry VIII. for that part which concerned 
queen Catharine Par’s jointure, were a public act or 
no, of which the judges ought to take notice, not 
being pleaded; and judged a public act. So the 
like question came before your lordship, my lord 
Chancellor, in serjeant Heale’s case: whether the 
statute of 11 Edward III. concerning the entailing 
of the dukedom of Cornwall to the prince, were a 
public act or no; and ruled likewise a public act. 
Why? no man can affirm but these be operations of 
law, proceeding from the dignity of the natural per- 
son of the king; for you shall never find that another 
corporation whatsoever of a bishop, or master of a — 
college, or mayor of London, worketh any thing in 
law upon the wife or son of the bishop or the mayor. 
And to conclude this point, and withal to come near 
to the case in question, I will shew you where the 
natural person of the king hath not only an operation 
in the case of his wife and children, but likewise in 
the case of his subjects, which is the very question in 
hand. As for example, I put this case: Can a 


150 CASE OF THE POST-NATI OF SCOTLAND. 


Scotsman, who is a subject to the natural person of 
the king, and not to the crown of England; can a 
Scotsman, I say, be an enemy by the law to the sub- 
jects of England? Or must he not of necessity, if he 
should invade England, be a rebel and no enemy, 
not only as to the king, but as to the subject? Or 
can any letters of mart or reprisal be granted against 
a Scotsman that shall spoil an Englishman’s goods 
at sea? And certainly this case doth press exceeding 
near the principal case ; for it proveth plainly, that 
the natural person of the king hath such a commu- 
nication of qualities with his body politic, as it makes 
the subjects of either kingdom stand in another de- 
gree of privity one towards the other, than they did 
before. And so much for the second proof. 

For the five acts of parliament which I spoke of, 
which are concluding to this question. | 

The first of them is that concerning the banish- 
ment of Hugh Spencer in the time of king Edward 
IJ. in which act there is contained the charge and ac- 
cusation whereupon his exile proceeded. One arti- 
cle of which charge is set down in these words: 
“ Homage and oath of the subject is more by reason 
“of the crown than by reason of the person of the 
“king, So that if the king doth not guide himself 
“by reason in right of the crown, his lieges are 
“ bound by their oath to the crown to remove the 
« king.” 

By which act doth plainly appear the perilous 
consequence of this distinction concerning the person 
of the king and the crown. And yet I do ac- 


CASE OF THE POST-NATI OF SCOTLAND. 151 


knowledge justly and ingenuously a great difference 
between that assertion and this, which is now 
_ maintained: for it is one thing to make things 
distinct, another thing to make them separable, 
* aliud est distinctio, aliud separatio;” and there- 
fore I assure myself, that those that now use and 
urge that distinction, do as firmly hold, that the 
subjection to the king’s person and to the crown are 
inseparable, though distinct, as I do. And it is 
true that the poison of the opinion and assertion of 
Spencer is like the poison of a scorpion, more in the 
tail than in the body: for it is the inference that 
they make, which is, that the king may be deposed 
or removed, that is the treason and disloyalty of that 
opinion. But by your leave, the body is never a 
whit the more wholesome meat for having such a 
tail belonging to it: therefore we see that is “ locus 
lubricus,” an opinion from which a man may easily 
slide into an absurdity. But upon this act of parlia- 
ment I will only note one circumstance more, and so 
leave it, which may add authority unto it in the 
opinion of the wisest ; and that is, that these Spencers 
were not ancient nobles or great patriots that were 
charged and prosecuted by upstarts and favourites : 
for then it might be said, that it was but the action 
of some flatterers, who used to extol the power of 
monarchs to be infinite: but it was contrary; a 
prosecution of those persons being favourites by the 
nobility ; so as the nobility themselves, which seldom 
do subscribe to the opinion of an infinite power of 
monarchs, yet even they could not endure, but their 


152 CASE OF THE POST-NATI OF SCOTLAND. 


blood did rise to hear that opinion, that subjection is 
owing to the crown rather than to the person of the 
king. . : 

» The second act of parliament which determined 
this case, is the act of recognition in the first year of 
his majesty, wherein you shall find, that in two 
several places, the one in the preamble, the other in 
the body of the act, the parliament doth recognise 
that these two realms of England and Scotland are 
under one imperial crown. The parliament doth not 
say under one monarchy or king, which might refer 
to the person, but under one imperial crown, which 
cannot be applied but to the sovereign power of 
regiment comprehending both kingdoms. And the 
third act of parliament is the act made in the fourth 
year of his majesty’s reign, for the abolition of hostile 
laws: wherein your lordships shall find likewise in 
two places, that the parliament doth acknowledge, 
that there is an union of these two kingdoms already 
begun in his majesty’s person: so as by the declara- 
tion of that act, they have not only one king, but 
there is an union in inception in the kingdoms them- 
selves. 

These two are judgments in parliament by way 
of declaration of law, against which no man can 
speak. And certainly these are righteous and true 
judgments to be relied upon; not only for the au- 
thority of them, but for the verity of them; for 'to 
any that shall well and deeply weigh the effects of 
law upon this conjunction, it cannot but appear, that 
although “ partes integrales” of the kingdom, as the 


CASE OF THE POST-NATI OF SCOTLAND. 153 


philosophers speak, such as the laws, the officers, 
the parliament, are not yet commixed ; yet never- 
theless there is but one and the self-same fountain of 
_ sovereign power depending upon the ancient submis- 
sion, whereof I spake in the beginning ; and in that 
sense the crowns and the kingdoms are truly said to 
be united. 

And the force of this truth is such, that a grave 
and learned gentleman, that defended the contrary 
opinion, did confess thus far: That in ancient times, 
when monarchies, as he said, were but heaps of peo- 
ple without any exact form of policy; that then na- 
turalization and communication of privileges did fol- 
low the person of the monarch; but otherwise since 
states were reduced to a more exact form: so as 
thus far we did consent; but still I differ from him 
in this, that these more exact forms, wrought by time, 
and custom, and laws, are nevertheless still upon the 
first foundation, and do serve only to perfect and 
corroborate the force and bond of the first submis- 
sion, and in no sort to disannul or destroy it. 

And therefore with these two acts do I likewise 
couple the act of 14 Edward III. which hath been 
alleged of the other side. For by collating of that 
act with this former two, the truth of that we affirm 
will the more evidently appear, according unto the 
rule of reason: “ opposita juxta se posita magis elu- 
“cesunt.” That act of 14 is an act of separation. 
These two acts formerly recited are acts tending to 
union. This act is an act that maketh a new law; 
it is by the words of grant and establish. These two 


154 CASE OF THE POST-NATI OF SCOTLAND? 


acts declare the common law as it is, being by words 
of recognition and confession. 

And therefore upon the difference of these laws 
you may substantially ground this position: That 
the common law of England, upon the adjunction of 
any kingdom unto the king of England, doth make 
some degree of union in the crowns and kingdoms 
themselves ; except by a special act of parliament 
they be dissevered. 

Lastly, the fifth act of parliament which I pro- 
mised, is the act made in the 42 of E. III. cap. 10. 
which is an express decision of the point in question. 
The words are, “ Item, (upon the petition put into 
“‘ parliament by the commons) that infants born be- 
«‘ yond the seas in the seigniories of Calais, and else- 
“ where within the lands and seigniories that pertain 
“‘ to our sovereign lord the king beyond the seas, be 
« as able and inheritable of their heritage in England, 
“ as other infants born within the realm of England, 
“it is accorded that the common law and the statute 
“ formerly made be holden.” 

Upon this act I infer thus much; first, that such 
as the petition mentioneth were naturalized, the 
practice shews: then if so, it must be either by com- 
mon law or statute, for so the words report: not by 
statute, for there is no other statute but 25 E. III. 
and that extends to the case of birth out of the king’s 
obedience, where the parents are English: “ ergo” 
it was by the common law, for that only remains. 
And so by the declaration of this statute at the com- 
mon law, “ all infants, born within the lands and 


a 


CASE OF THE POST-NATI OF SCOTLAND. 15d 


** selgniories (for I give you the very words again) 
“ that pertain to our sovereign lord the king, (it is 
“ not said, as are the dominions of England) are as 
“ able and inheritable of their heritage in England, 
“as other infants born within the realm of England.” 
What can be more plain? And so I leave statutes 
and go to precedents; for though the one do bind 
more, yet the other sometimes doth satisfy more. 
For precedents, in the producing and using of 
that kind of proof, of all others it behoveth them to 
be faithfully vouched ; for the suppressing or keeping 
back of a circumstance, may change the case: and 
therefore I am determined to urge only such prece- 
dents, as are without all colour or scruple of excep- 
tion or objection, even of those objections which I 
have, to my thinking, fully answered and confuted. 
This is now, by the providence of God, the fourth 
time that the line and kings of England have had 
dominions and seigniories united unto them as patri- 
monies, and by descent of blood ; four unions, I say, 
there have been inclusive with this last. The first 
was of Normandy, in the person of William, com- 
monly called the Conqueror. ‘The second was of 
Gascoigne, and Guienne, and Anjou, in the person of 
king Henry II.; in his person, I say, though by 
several titles. The third was of the crown of France, 
in the person of king Edward III. And the fourth 
of the kingdom of Scotland, in his majesty. Of 
these I will set aside such as by any cavillation can 
be excepted unto. First, I will set aside Normandy, 
because it will be said, that the difference of coun- 


156 CASE OF THE POST-NATI OF SCOTLAND. 


tries accruing by conquest, from countries annexed 
by descent, in matter of communication of privileges, 
holdeth both ways, as well of the part of the con- 
quering kingdom, as the conquered; and therefore 
that although Normandy was not a conquest of 
England, yet England was a conquest of Normandy, 
and so a communication of privileges between them. 
Again, set aside France, for that it will be said that 
although the king had a title in blood and by de- 
scent, yet that title was executed and recovered by 
arms, so as it is a mixt title of conquest and descent, 
and therefore the precedent not so clear. 

There remains then Gascoigne and Anjou, and 
that precedent likewise I will reduce and abridge to 
a time to avoid all question. For it will be said of 
them also, that after they were lost and recovered 
“in ore gladii,” that the ancient title of blood was 
extinct ; and that the king was in upon his new title 
by conquest; and Mr. Walter hath found a book- 
case in 13 H. VI. abridged by Mr. Fitz-Herbert, in 
title of “ Protection, placito” 56, where a protection 
was cast, * quia profecturus in Gasconiam” with the 
earl of Huntingdon, and challenged because it was 
not a voyage royal; and the justices thereupon re- 
quired the sight of the commission, which was 
brought before them, and purported power to pardon 
felonies and treason, power to coin money, and power 
to conquer them that resist: whereby Mr. Walter, 
finding the word conquest, collected that the king’s 
title at that time was reputed to be by conquest ; 
wherein I may not omit to give * obiter” that answer, 


CASE OF THE POST-NATI OF SCOTLAND. 157 


which law and truth provide, namely, that when 
any king obtaineth by war a country whereunto he 
hath right by birth, that he is ever in upon his 
ancient right, not upon his purchase by conquest ; 
and the reason is, that there is as well a judgment 
and recovery by war and arms, as by law and course 
of justice. For war is a tribunal-seat, wherein God 
giveth the judgment, and the trial is by battle, or 
duel, as in the case of trial of private right: and 
then it follows, that whosoever cometh in by eviction, 
comes in his “ remitter ;” so as there will be no dif- 
ference in countries whereof the right cometh by 
descent, whether the possession be obtained peace- 
ably or by war. But yet nevertheless, because I will 
utterly take away all manner of evasion and subter- 
fuge, I will yet set apart that part of time, in and 
during the which the subjects of Gascoigne and Gui- 
enne might be thought to be subdued by a re-con- 
quest. And therefore I will not meddle with the 
prior of Shelley’s case, though it be an excellent 
case ; because it was in the time of 27 E. III. neither 
will I meddle with any cases, records, or precedents, 
in the time of king H. V. or king H. VI. for the 
same reason; but will hold myself to a portion of 
time from the first uniting of these provinces in the 
time of king H. II. until the time of king John, at 
what time those provinces were lost ; and from that 
time again unto the seventeenth year of the reign of 
king E. II. at what time the statute of “ prerogativa 
“ regis” was made, which altered the law in the point 
in hand. 


158 CASE OF THE POST-NATI OF SCOTLAND. 


That both in these times the subjects of Gas- 
coigne, and Guienne, and Anjou, were naturalized 
for inheritance in England, by the laws of England, 
I shall manifestly prove; and the proof proceeds, as 
to the former time, which is our case, in a very high 
degree “aminore ad majus,” and as we say, “a 
“ multo fortiori.” For if this privilege of naturaliza- 
tion remained unto them when the countries were 
lost, and became subjects in possession to another 
king, much more did they enjoy it as long as they 
continued under the king’s subjection. 

Therefore to open the state of this point. After 
these provinces were, through the perturbations of 
the state in the unfortunate time of king John, lost 
and severed, the principal persons which did adhere 
unto the French, were attainted of treason, and 
their escheats here in England taken and seized. 
But the people, that could not resist the tempest 
when their heads and leaders were revolted, con- 
tinued inheritable to their possessions in England; 
and reciprocally the people of England inherited and 
succeeded to their possessions in Gascoigne, and 
were both accounted “ ad fidem utriusque regis,” 
until the statute of “ prerogativa regis ;” wherein 
the wisdom and justice of the law of England is 
highly to be commended. For of this law there are 
two grounds of reason, the one of equity, the other 
of policy; that of equity was, because the common 
people were in no fault, but as the Scripture saith 
in a like case, “ quid fecerunt oves iste?” It was 
the cowardice and disloyalty of their governors that 


CASE OF THE POST-NATI OF SCOTLAND. 159 


deserved punishment, but what hath these sheep 
done? And therefore to have punished them, and 
deprived them of their lands and fortunes, had been 
unjust. That of policy was, because if the law had 
forthwith, upon the loss of the countries by an 
accident of time, pronounced the people for aliens, it 
had been a kind of accession of their right and a dis- 
claimer in them, and so a greater difficulty to recover 
them. And therefore we see the statute which 
altered the law in this point, was made in the time 
of a weak king, that, as it seemed, despaired ever to 
recover his right, and therefore thought better to 
have a little present profit by escheats, than the 
continuance of his claim, and the countenance of his 
right, by the admitting of them to enjoy their inhe- 
ritance as they did before. 

The state therefore of this point being thus 
opened, it resteth to prove our assertion ; that they 
were naturalized ; for the clearing whereof I shall 
need but to read the authorities, they be so direct 
and pregnant. The first is the very text of the 
statute of “ prerogativa regis. Rex habebit esceetas 
“ de terris Normannorum, cujuscunque feodi fuerint, 
“ salvo servitio, quod pertinet ad capitales dominos 
“ feodi illius: et hoc similiter intelligendum est, si 
“ aliqua hoereditas descendat alicui nato in partibus 
* transmarinis, et cujus antecessores fuerunt ad fidem 
“regis Francie, ut tempore regis Johannis, et non 
“ad fidem regis Angliz, sicut contigit de baronia 
* Monumete” &c. 

_ By which statute it appears plainly, that before 


160 CASE OF THE POST-NATI OF SCOTLAND. 


the time of king John there was no colour of any 
escheat, because they were the king’s subjects in 
possession, as Scotland now is; but only determines 
the law from that time forward. 

This statute, if it had in it any obscurity, it is 
taken away by two lights, the one placed before it ; 
and the other placed after it; both authors of great 
eredit, the one for ancient, the other for late times: 
the former is Bracton, in his cap. “ De exceptionibus,” 
lib. 5. fol. 427. and his words are these: “ Est 
“etiam et alia exceptio que tenenti competit ex 
‘‘ persona petentis, propter defectum nationis, que 
“ dilatoria est, et non perimit actionem, ut si quis 
“alienigena qui fuerit ad fidem regis Francie, et 
“ actionem instituat versus aliquem, qui fuerit ad 
“ fidem regis Anglie, tali non respondeatur, saltem 
“ donec terre fuerint communes.” 

By these words it appeareth, that after the loss 
of the provinces beyond the seas, the naturalization 
of the subjects of those provinces was in no sort 
extinguished, but only was in suspense during the 
time of war, and no longer; for he saith plainly, 
that the exception, which we call plea, to the person 
of an alien, was not peremptory, but only dilatory, 
that is to say, during the time of war, and until there 
were peace concluded, which he terms by these words, 
“donec terre fuerint communes:” which, though 
the phrase seem somewhat obscure, is expounded by 
Bracton himself in his fourth book, fol. 297. to be of 
peace made and concluded, whereby the inhabitants 
of England and those provinces might enjoy the 


CASE OF THE POST-NATI OF SCOTLAND. 161 


profits and fruits of their lands in either. place 
“ communiter,” that is, respectively, or as well the 
one as the other: so as it is clear they were no aliens 
in right, but only interrupted and debarred of suits 
in the king’s courts in time of war. 

The authority after the statute is that of Mr. 
Stamford, the best expositor of a statute that hath 
been in our law; a man of reverend judgment and 
excellent order in his writings; his words are in his 
exposition upon the branch of the statute which we 
read before. “ By this branch it should appear, that 
“ at this time men of Normandy, Gascoigne, Guienne, 
« Anjou, and Britain, were inheritable within this 
“realm, as well as Englishmen, because that they 
“were sometimes subjects to the kings of England, 
“ and under their dominion, until king John’s time, 
“as is aforesaid : and yet after his time, those men, 
“saving such whose lands were taken away for 
“ treason, were still inheritable within this realm 
“ till the making of this statute ; and in the time of 
“peace between the two kings of England and 
«“ France, they were answerable within this realm, 
«© if they had brought any action for their lands and 
“ tenements.” 

So as by these three authorities, every one so 
plainly pursuing the other, we conclude that the 
subjects of Gascoigne, Guienne, Anjou, and the rest, 
from their first union by descent, until the making 
of the statute of “ prerogativa regis,” were inherit- 
able in England, and to be answered in the king’s 
courts in all actions, except it were in time of war, 

VOL. V. M 


162 CASE OF THE POST-NATI OF SCOTLAND. | 


Nay, more, which is “ de abundanti,” that when the 
provinces were lost, and disannexed, and that the 
king was but king “ de jure” over them, and not 
“ de facto;” yet nevertheless the privilege of na- 
turalization continued. 

There resteth yet one objection, rather plausible 
to a popular understanding than any ways forcible 
in law or learning, which is a difference taken 
between the kingdom of Scotland and these duchies, 
for that the one is a kingdom, and the other was 
not so; and therefore that those provinces being of 
an inferior nature, did acknowledge our laws, and 
seals, and parliament, which the kingdom of Scotland 
doth not. 

This difference was well given over by Mr. Walter; 
for it is plain that a kingdom and absolute dukedom, 
or any other sovereign estate do differ “ honore,” and 
not “ potestate:” for divers duchies and countries 
that are now, were sometimes kingdoms : and divers 
kingdoms that are now, were sometimes duchies, or 
of other inferior stile: wherein we need not travel 
abroad, since we have in our own state so notorious 
an instance of the country of Ireland, whereof king 
H. VIII. of late time, was the first that writ himself 
king, the former stile being lord of Ireland, and no 
more; and yet kings had the same authority before, 
that they have had since, and the same nation the 
same marks of a sovereign state, as their parliaments, 
their arms, their coins, as they now have: so as this 
is too superficial an allegation to labour upon. 

And if any do conceive that Gascoigne and 


CASE OE THE POST-NATI OF SCOTLAND. 163 


Guienne were governed by the laws of England: 
First that cannot be in reason; for it is a true 
ground, That wheresoever any prince’s title unto any 
country is by law, he can never change the laws, 
for that they create his title ; and therefore, no doubt 
those duchies retained their own laws ; which if they 
did, then they could not be subject to the laws 
of England. And next, again, the fact or practice 
was otherwise, as appeareth by all consent of story 
and record; for those duchies continued governed 
by the civil law, their trials by witnesses, and not by 
jury, their lands testamentary, and the like. 

Now for the colours that some have endeavoured 
to give, that they should have been subordinate to 
the government of England; they were partly weak, 
and partly such as make strongly against them; 
for as to that, that writs of “ Habeas Corpus” under 
the great seal of England have gone to Gascoigne, 
it is no manner of proof; for that the king’s writs, 
which are mandatory, and not writs of ordinary 
justice, may go to his subjects into any foreign parts 
whatsoever, and under what seal it pleaseth him to 


'/ use. And as to that, that some acts of parliament 


| have been cited, wherein the parliaments of England 
have taken upon them to order matters of Gas- 
coigne ; if those statutes be well looked into, nothing 
doth more plainly convince the contrary, for they 
_ intermeddle with nothing but that that concerneth 
either the English subjects personally, or the terri- 
tories of England locally, and never the subjects of 


164 CASE OF THE POST-NATI OF SCOTLAND. 


Gascoigne ; for look upon the statute of 27 E. III. 
cap. 5. there it is said, that there shall be no fore- 
stalling of wines. But by whom? Only by English 
merchants ; not a word of the subjects of Gascoigne, 
and yet no doubt they might be offenders in the 
same kind. 

So in the sixth chapter it is said, that all 
merchants Gascoignes may safely bring wines into 
what part it shall please them: here now are the 
persons of Gascoignes; but then the place whither ? 
Into the realm of England. And in the seventh chap- 
ter, that erects the ports of Bourdeaux and Bayonne 
for the staple towns of wine; the statute ordains, 
“ that if any,” but who? “ English merchant, or his 
“ servants, shall buy or bargain otherwhere, his body 
“ shall be arrested by the steward of Gascoigne, or 
“ the constable of Bourdeaux :” true, for the officers 
of England could not catch him in Gascoigne; but 
what shall become of him, shall he be proceeded with 
within Gascoigne? No, but he shall be sent over 
into England into the ‘Tower of London. 

And this doth notably disclose the reason of that 
custom which some have sought to wrest the other 
way: that custom, I say, whereof a form doth yet 
remain, that in every parliament the king doth ap- 
point certain committees in the upper house to receive 
the petitions of ‘Normandy, Guienne, and the rest ; 
which as by the former statute doth appear, could 
not be for the ordering of the governments there, 
but for the liberties and good usage of the subjects 


CASE OF THE POST-NATI OF SCOTLAND. 165 


of those parts when they came hither, or “ vice 
“ versa,” for the restraining of the abuses and misde- 
meanors of our subjects when they went thither. 

Wherefore I am now at an end. For us to speak 
of the mischiefs, I hold it not fit for this place, lest 
we should seem to bend the laws to policy, and not 
to take them in their true and natural sense. It is 
enough that every man knows, that it is true of these 
two kingdoms, which a good father said of the 
churches of Christ: “ si inseparabiles insuperabiles.” 
Some things I may have forgot, and some things, 
perhaps, I may forget willingly ; for I will not press 
any opinion or declaration of late time which may 
prejudice the liberty of this debate ; but “ ex dictis, 
“et ex non dictis,” upon the whole matter I pray 
judgment for the plaintiff. 


TRACTS 


RELATING TO IRELAND. 


CERTAIN 
CONSIDERATIONS 
TOUCHING 


THE PLANTATION IN IRELAND. 


PRESENTED TO HIS MAJESTY, 1606. 


TO THE KING. 


Ir seemeth God hath reserved to your majesty’s 
times two works, which amongst the works of kings 
have the supreme pre-eminence ; the union, and the 
plantation of kingdoms. For although it be a great 
fortune for a king to deliver or recover his kingdom 
from long continued calamities : yet in the judg- 
ment of those that have distinguished of the degrees 
of sovereign honour, to be a founder of estates 
or kingdoms, excelleth all the rest. For, as in arts 
and sciences, to be the first inventor is more that to 
illustrate or amplify: and as in the works of God, 
the creation is greater than the preservation ; and as 
in the works of nature, the birth and nativity is 
more than the continuance: so in kingdoms, the first 
foundation or plantation is of more noble dignity 
and merit than all that followeth. Of which foun- 
dations there being but two kinds; the first, that 
maketh one of more; and the second that maketh 
one of none: the latter resembling the creation of 


* 


170 OF THE PLANTATIONS IN IRELAND. 


the world, which way “ de nihilo ad quid ;’ and the 
former, the edification of the Church, which was 


“de multiplici ad simplex, vel ad unum:” it hath 


pleased the divine providence, in singular favour to 
your majesty, to put both these kinds of foundations 
or regenerations into your hand: the one, in the 
union of the island of Britain; the other, in the 
plantation of great and noble parts of the island of 
Ireland. Which enterprises being once happily ac- 
complished, then that which was uttered by one of 
the best orators, in one of the worst verses, ‘« O for- 
“tunatam natam me consule Romam!” may be far 
more truly and properly applied to your majesty’s 
acts; “natam te rege Britanniam; natam Hiber- 
“niam.” For he spake improperly of deliverance 
and preservation; but in these acts of yours it may 
be verified more naturally. For indeed unions and 
plantations are the very nativities of birth-days of 
kingdoms: wherein likewise your majesty hath yet 
a fortune extraordinary, and differing from former 
examples in the same kind. For most part of 
unions and plantations of kingdoms have been 
founded in the effusion of blood: but your majesty 
shall build “in solo puro, et in area pura,” that 
shall need no saerifices expiatory for blood; and 
therefore, no doubt, under an higher and more 
assured blessing. Wherefore, as I adventured, when 
I was less known and less particularly bound to 
your majesty, than since by your undeserved favour 
I have been, to write somewhat touching the union, 
which your majesty was pleased graciously to accept, 


OF THE PLANTATIONS IN IRELAND. 171 


and which since I have to my power seconded by my 
travails, not only in discourse, but in action: so 
I am thereby encouraged to do the like, touching 
this matter of plantation; hoping that your majesty 
will, through the weakness of my ability, discern the 
strength of my affection, and the honest and fervent 
desire I have to see your majesty’s person, name, 
and times, blessed and exalted above those of your 
royal progenitors. And I was the rather invited 
this to do, by the remembrance, that when the lord 
Chief Justice deceased, Popham, served in the place 
wherein I now serve, and afterwards in the attorney’s 
place; he laboured greatly in the last project, 
touching the plantation of Munster: which never- 
theless, as it seemeth, hath given more light by the 
errors thereof, what to avoid, than by the direction 
of the same, what to follow. 

First therefore, I will speak somewhat of the ex- 
cellency of the work, and then of the means to 
compass and effect it. 

For the excellency of the work, I will divide it 
into four noble and worthy consequences that will 
follow thereupon. 

The first of the four, is honour; whereof I have 
spoken enough already, were it not that the harp 
of Ireland puts me in mind of that glorious emblem 
or allegory, wherein the wisdom of antiquity did 
figure and shadow out works of this nature. For 
the poets feigned that Orpheus, by the virtue and 
sweetness of his harp, did call and assemble the 
beasts and birds, of their nature wild and savage, to 


172 OF THE PLANTATIONS IN IRELAND. 


stand about him, as in a theatre; forgetting their 
affections of fierceness, of lust, and of prey; and 
listening to the tunes and harmonies of the harp ; 
and soon after called likewise the stones and woods 
to remove, and stand in order about him: which 
fable was anciently interpreted of the reducing and 
plantation of kingdoms; when people of barbarous 
manners are brought to give over and discontinue 
their customs of revenge and blood, and of dissolute 
life, and of theft, and of rapine; and to give ear to 
the wisdom of laws and governments; whereupon 
immediately followeth the calling of stones for 
building and habitation; and of trees for the seats 
of houses, orchards, inclosures, and the like. This 
work therefore, of all other most memorable and 
honourable, your majesty hath now in hand ; espe- 
cially, if your majesty join the harp of David, in 
casting out the evil spirit of superstition, with the 
harp of Orpheus, in casting out desolation and 
barbarism. 

The second consequence of this enterprise, is the 
avoiding of an inconvenience, which commonly at- 
tendeth upon happy times, and is an evil effect of a 
good cause. The revolution of this present age 
seemeth to incline to peace, almost generally in these 
parts; and your majesty’s most Christian and vir- 
tuous affections do promise the same more especially 
to these your kingdoms. An effect of peace in 
fruitful kingdoms, where the stock of people re- 
ceiving no consumption nor diminution by war, doth 
continually multiply and increase, must in the end 


OF THE PLANTATIONS IN IRELAND. 173 


be a surcharge or overflow of people more than the 
territories can well maintain; which many times, 
insinuating a genera] necessity and want of means 
into all estates, doth turn external peace into inter- 
nal troubles and seditions. Now what an excellent 
diversion of this inconvenience is ministred, by God’s 
providence, to your majesty, in this plantation of 
Ireland; wherein so many families may receive 
sustentation and fortunes; and the discharge of 
them also out of England and Scotland may prevent 
many seeds of future perturbations: so that it is, 
as if a man were troubled for the avoidance of 
water from the place where he hath built his house, 
and afterwards should advise with himself to cast 
those waters, and to turn them into fair pools 
or streams, for pleasure, provision, or use. So shall 
your majesty in this work have a double commodity, 
in the avoidance of people here, and in making use 
of them there. 

The third consequence is the great safety that 
is like to grow to your majesty’s estate in general 
by this act ; in discomfiting all hostile attempts of 
foreigners, which the weakness of that kingdom hath 
heretofore invited: wherein I shall not need to 
fetch reasons afar off, either for the general or 
particular. For the general, because nothing is 
more evident than that, which one of the Romans 
said of Peloponnesus: “ Testudo intra tegumen 
“ tuta est;” the tortoise is safe within her shell: but 
if she put forth any part of her body, then it en- 
dangereth not only the part which is so put forth, 


174 OF THE PLANTATIONS IN IRELAND. 


but all the rest. And so we see in armour, if any 
part be left naked, it puts in hazard the whole 
person. And in the natural body of man, if there 
be any weak or affected part, it is enough to draw 
rheums or malign humours unto it, to the interrup- 
tion of the health of the whole body. 

And for the particular, the example is too fresh, 
that the indisposition of that kingdom hath been 
a continual attractive of troubles and infestations 
upon this estate; and though your majesty’s great- 
ness doth in some sort discharge this fear, yet with 
your increase of power it cannot be, but EnYy is 
likewise increased. 

The fourth and last consequence is the great 
profit and strength which is like to redound to 
your crown, by the working upon this unpolished 
part thereof: whereof your majesty, being in the 
strength of your years, is like, by the good 
pleasures of almighty God, to receive more than 
the first-fruits; and your posterity a growing and 
springing vein of riches and power. For this island 
being another Britain, as Britain was said to be 
another world, is endowed with so many dowries of 
nature, considering the fruitfulness of the soil, the 
ports, the rivers, the fishings, the quarries, the 
woods, and other materials; and especially the race 
and generation of men, valiant, hard, and active, as 
it is not easy, no not upon the continent, to find 
such confluence of commodities, if the hand of man 
did join with the hand of nature. So then for the 


OF THE PLANTATIONS IN IRELAND. 175 


excellency of the work, in point of honour, policy, 
safety, and utility, here I cease. 

For the means to effect this work, I know your 
majesty shall not want the information of persons 
expert and industrious, which have served you 
there, and know the region: nor the advice of 
a grave and prudent council of estate here; which 
know the pulses of the hearts of people, and the 
ways and passages of conducting great actions; 
besides that which is above all, which is that foun- 
tain of wisdom and universality which is in yourself ; 
yet notwithstanding in a thing of so public a nature, 
it is not amiss for your majesty to hear variety 
of opinion: for, as Demosthenes saith well, the 
good fortune of a prince or state doth sometimes 
put a good motion into a fool’s mouth. I do think 
therefore the means of accomplishing this work 
consisteth of two principal parts. The first, the 
invitation and encouragement of undertakers; the 
second, the order and policy of the project itself. 
For as in all engines of the hand there is somewhat 
that giveth the motion and force, and the rest 
serveth to guide and govern the same: so it is in 
these enterprises or engines of estate. As for the 
former of these, there is no doubt, but next unto 
the providence and finger of God, which writeth 
these virtuous and excellent desires in the tables 
of your majesty’s heart; your authority and affection 
is ‘ primus motor” in this cause ; and therefore the 
more strongly and fully your majesty shall declare 


176 OF THE PLANTATIONS IN IRELAND. 


yourself in it, the more shall you quicken and 
animate the whole proceeding. For this is an action, 
which as the worthiness of it doth bear it, so the 
nature of it requireth it to be carried in some 
height of reputation, and fit, in mine opinion, for 
pulpits and parliaments, and all places to ring and 
resound of it. For that which may seem vanity in 
some things, I mean matter of fame, is of great 
efficacy in this case. 

But now let me descend to the inferior spheres, 
-and speak what co-operation in the subjects or 
undertakers may be raised and kindled, and by what 
means. Therefore to take plain grounds, which 
are the surest: all men are drawn into actions by 
three things, pleasure, honour, and profit. But 
before I pursue these three motives, it is fit in this 
place to interlace a word or two of the quality of 
the undertakers : wherein my opinion simply is, that 
if your majesty shall make these portions of land 
which are to be planted, as rewards or as suits, or 
as fortunes for those that are in want, and are like- 
liest to seek after them; that they will not be able 
to go through with the charge of good and sub- 
stantial plantations, but will “ deficere in opere 
“ medio;” and then this work will succeed, as 
Tacitus saith, “ acribus initiis, fine incurioso.” So 
that this must rather be an adventure for such as 
are full, than a setting up of those that are low 
of means: for those men indeed are fit to perform 
these undertakings, which were fit to purchase dry 


OF THE PLANTATIONS IN IRELAND. 177 


reversions after lives or years, or such as were fit to 
put out money upon long returns. 
I do not say, but that I think the undertakers 


themselves will be glad to have some captains, or 


men of service, intermixed among them for their 
safety; but I speak of the generality of under- 
takers, which I wish were men of estate and plenty. 

Now therefore it followeth well to speak of the, 
aforesaid three motives. For it will appear the 
more, how necessary it is to allure by all means. 
undertakers : since those men will be least fit, which 
are like to be most in appetite of themselves; and 
those most fit, which are like least to desire it. 

First, therefore, for pleasure: in this region or 
tract of soil, there are no warm winters, nor orange- 
trees, nor strange beasts, or birds, or other points of 
curiosity or pleasure, as there are in the Indies and 
the like: so as there can be found no foundation 
made upon matter of pleasure, otherwise than that 
the very general desire of novelty and experiment 
in some stirring natures may work somewhat; and 
therefore it is the other two points, of honour and 
profit, whereupon we are wholly to rest. 

For honour or countenance, if I shall mention to 
your majesty, whether in wisdom you shall think 
convenient, the better to express your affection to 
the enterprise, and for a pledge thereof, to add the 
earldom of Ulster to the prince’s titles, I shall but 
learn it out of the practice of king Edward I. who 


first used the like course, as a mean the better to 


VOL. V. N 


178 Of THE PLANTATIONS IN IRELAND. 


restrain the country of Wales: and I take it, the 
prince of Spain hath the addition of a province in the 
kingdom of Naples: and other precedents I think 
there are: and it is like to put more life and encou- 
ragement into the undertakers. 

Also, considering the large territories which are 
to be planted, it is not unlike your majesty will think 
of raising some nobility there; which, if it be done 
merely upon new titles of dignity, having no manner 
of reference to the old; and if it be done also with- 
out putting too many portions into one hand: and 
lastly, if it be done without any great franchises or 
commands, I do not see any peril can ensue thereof. 
As on the other side, it is like it may draw some per- 
sons of great estate and means into the action, to the 
great furtherance and supply of the charges thereof. 

And lastly for knighthood, to such persons as 
have not attained it; or otherwise knighthood, with 
some new difference and precedence, it may, no 
doubt, work with many. And if any man think, 
that these things which I propound, are “ aliquid 
“nimis” for the proportion of this action, I confess 
plainly, that if your majesty will have it really and 
effectually performed, my opinion is, you cannot be- 
stow too much sunshine upon it. For “ lune radiis 
“ non maturescit botrus.” Thus much for honour. 

For profit, it will consist in three parts: 

First, The easy rates that your majesty shall be 
pleased to give the undertakers of the land they shall 
receive. 


‘ 


OF THE PLANTATIONS IN IRELAND. 179 


Secondly, The liberties which you may be pleased 
to confer upon them. When I speak of liberties, I 
mean not liberties of jurisdiction; as counties pala- 
tine, or the like, which it seemeth hath been the 
error of the ancient donations and plantations in that 
country, but I mean only liberties tending to com- 
modity ; as liberty to transport any of the commo- 
dities growing upon the countries new planted; 
liberty to import from hence all things appertaining 
to their necessary use, custom-free; liberty to take 
timber or other materials in your majesty’s woods 
there, and the like. 

The third is, ease of charge; that the whole mass 
of charge doth not rest upon the private purse of the 
undertakers. 

For the two former of these, I will pass them 
over ; because in that project, which with good dili- 
gence and providence hath been presented to your 
majesty by your ministers of that kingdom, they are 
in my opinion well handled. 

For the third, I will never despair, but that the 
parliament of England, if it may perceive, that this 
action is not a flash, but a solid and settled pursuit, 
will give aid to a work so religious, so politic, and so 
profitable. And the distribution of charge, if it be 
observed, falleth naturally into three kinds of charge, 
and every of those charges respectively ought to 
have his proper fountain and issue. For as there 
proceedeth from your majesty’s royal bounty and 
munificence, the gift of the land, and the other 
materials; together with the endowment of liberties ; 


180 OF THE PLANTATIONS IN IRELAND. 


and as the charge which is private, as building of 
houses, stocking of grounds, victual, and the like, is 
to rest upon the particular undertakers: so whatso- 
ever is public, as building of churches, walling of 
towns, town-houses, bridges, causeways, or highways, 
and the like, ought not so properly to lie upon par- 
ticular persons, but to come from the public estate 
of this kingdom ; to which this work is like to return 
so great an addition of glory, strength, and com- 
modity. 

For the project itself, I shall need to speak the 
less, in regard it is so considerately digested already 
for the county of Tyrone: and therefore my labour 
shall be but in those things wherein I shall either add 
to, or dissent from that which is set down; which 
will include five points or articles. 

First, they mention a commission for this planta- 
tion: whick of all things is most necessary, both to 
direct, and appease controversies, and the like. 

To this I add two propositions: the one, that 
which perhaps is meant, though not expressed, that 
the commissioners should for certain times reside and 
abide in some habitable town of Ireland, near in 
distance to the country where the plantation shall 
be ; to the end, both that they may be more at hand, 
for the execution of the parts of their commission ; 
and withal it is like, by drawing a concourse of 
people and tradesmen to such towns, it will be some 
help and commodity to the undertakers for things 
they shall stand in need of: and likewise, it will be 
a more safe place of receit and store, wherein to un- 


OF THE PLANTATIONS IN IRELAND. 181 


lade and deposit such provisions as are after to be 
employed. 

The second is, that your majesty would make a 
correspondency between the commission there, and a 
council of plantation here: wherein I warrant myself 
by the precedent of the like council of plantation for 
Virginia; an enterprise in my opinion differing as 
much from this, as Amadis de Gaul differs from 
Cesar’s Commentaries. But when I speak of a 
council of plantation, ! mean some persons chosen 
by way of reference, upon whom the labour may 
rest, to prepare and report things to the council of 
estate here, that concern that business. For although 
your majesty have a grave and sufficient council in 
Ireland ; from whom, and upon whom, the commis- 
sioners are to have assistance and dependence; yet 
that supplies not the purpose whereof I speak. For, 
considering, that upon the advertisements, as well of 
the commissioners, as of the council of Ireland itself, 
there will be many occasions to crave directions from 
your majesty and your privy council here, which are 
busied with a world of affairs; it cannot but give 
greater expedition, and some better perfection unto 
such directions and resolutions, if the matters may be 
considered of aforehand by such as may have a con- 
tinual care of the cause. And it will be likewise a 
comfort and satisfaction to some principal under- 
takers, if they may be admitted of that council. 

Secondly, There is a clause wherein the under- 
takers are restrained, that they shall execute the 


182 OF THE PLANTATIONS IN IRELAND. 


plantation in person; from which I must dissent, if 
I will consent with the grounds I have already taken. 
For it is not probable that men of great means and 
plentiful estate will endure the travel, diseasements, 
and adventures of going thither in person: but 
rather, I suppose, many will undertake portions as 
an advancement for their younger children or kins- 
folks ; or for the sweetness of the expectation of a 
great bargain in the end, when it is overcome. And 
therefore, it is like they will employ sons, kinsfolks, 
servants, or tenants, and yet be glad to have the 
estate in themselves. And it may be, some again. 
will join their purses together, and make as it were 
a partnership or joint-adventure; and yet man forth 
some one person by consent, for the executing of the 
plantation. 

Thirdly, There is a main point, wherein I fear 
the project made hath too much of the line and 
compass, and will not be so natural and easy to exe- 
cute, nor yet so politic and convenient: and that is, 
that the buildings should be “ sparsim” upon every 
portion; and the castle or principal house should 
draw the tenements and farms about it as it were 
into villages, hamlets, or endships; and that there 
should be only four corporate towns for the artificers 
and tradesmen. 

My opinion is, that the buildings be altogether 
in towns, to be compounded as well of husbandries 
as of arts. My reasons are, 4 

First, When men come into a country vast, and 
void of all things necessary for the use of man’s life, 


OF THE PLANTATIONS IN IRELAND- 183 


if they set up together in a place, one of them will 
the better supply the wants of another: work-folks 
of all sorts will be the more continually on work 
without loss of time ; when, if work fail in one place, | 
they may have it fast by ; the ways will be made 
more passable for carriages to those seats or towns, 
than they can be to a number of dispersed solitary 
places; and infinite other helps and easements, 
scarcely to be comprehended in cogitation, will 
ensue in vicinity and society of people: whereas if 
they build scattered, as is projected, every man must 
have a cornucopia in himself for all things he must 
use ; which cannot but breed much difficulty and 
no less waste. 

Secondly, it will draw out of the inhabited 
country of Ireland provisions and victuals, and many 
necessaries ; because they shall be sure of utterance: 
whereas in the dispersed habitations, every man must 
reckon only upon that that he brings with him, as 
they do in provisions of ships. 

Thirdly, the charge of bawnes, as they call them, 
to be made about every castle or house, may be 
spared, when the habitations shall be congregated 
only into towns. 

And lastly, it will be a means to secure the 
country against future perils, in case of any revolt 
and defection: for by a slight fortification of no 
great charge, the danger of any attempts of kierns 
and sword-men may be prevented ; the omission of 
which point, in the last plantation of Munster, made 
the work of years to be but the spoil of days. And 


184 OF THE PLANTATIONS IN IRELAND. 


if any man think it will draw people too far off from 
the grounds they are to labour, it is to be understood, 
that the number of the towns be increased accord- 
ingly ; and likewise, the situation of them be as in 
the centre, in respect of the portions assigned to 
them: for in the champaign countries of England, 
where the habitation useth to be in towns, and not 
dispersed, it is no new thing to go two miles off to 
plough part of their grounds; and two miles com- 
pass will take up a good deal of country. 

The fourth point, is a point wherein I shall differ 
from the project rather in quantity and proportion, 
than in matter. There is allowed to the undertaker, 
within the five years of restraint, to alien a third part 
in fee farm, and to demise another third for forty 
years: which I fear will mangle the portions, and 
will be but a shift to make money of two parts ; 
whereas, I am of opinion, the more the first under- 
taker is forced to keep in his own hands, the more 
the work is like to prosper. For first, the person 
liable to the state here to perform the plantation, is 
the immediate undertaker. Secondly, the more his 
profit dependeth upon the annual and springing 
commodity, the more sweetness he will find in put- 
ting forward manurance and husbanding of the 
grounds, and therefore is like to take more care of it. 
Thirdly, since the natives are excluded, I do not see 
that any persons are like to be drawn over of that 
condition, as are like to give fines, and undertake the 
charge of building. For I am persuaded, that the 
people transported will consist of gentlemen and 


OF THE PLANTATIONS IN IRELAND. 185 


their servants, and of labourers and hinds, and not of 
yeomen of any wealth. And therefore the charge of 
buildings, as well of the tenements and farms, as of 
the capital houses themselves, is like to rest upon the 
principal undertakers. Which will be recompensed 
in the end to the full, and with much advantage, if 
they make no long estates or leases. And therefore 
this article to receive some qualification. 

Fifthly, I should think it requisite that men of 
experience in that kingdom should enter into some 
particular consideration of the charges and pro- 
visions of all kinds, that will be incident to the plan- 
tation; to the end, that thereupon some advice may 
be taken for the furnishing and accommodating them 
most conveniently, aiding private industry and chargé 
with public care and order. 

Thus I have expressed to your majesty those 
simple and weak cogitations, which I have had in 
myself touching this cause, wherein I most humbly 
desire your pardon, and gracious acceptance of my 
good affection and intention. For I hold it for a 
rule, that there belongeth to great monarchs, from 
faithful servants, not only the tribute of duty, but 
the oblations of cheerfulness of heart. And so I 
pray the Almighty to bless this great action, with 
your majesty’s care; and your care with happy 
success. 


A LETTER TO MR. SECRETARY CECIL, 


AFTER THE * DEFEATING OF THE SPANISH FORCES IN IRE- 
LAND ; INCITING HIM TO EMBRACE THE CARE OF 
REDUCING THAT KINGDOM TO CIVILITY, 

WITH SOME REASONS SENT INCLOSED. 

It may please your honour, 
As one that wisheth you all increase of honour ; 
and as one that cannot leave to love the state, what 
interest soever I have, or may come to have in it; 
and as one that now this dead vacation time hath 
some leisure “ ad aliud agendum;” I will presume 
to propound unto you that which though you cannot 
but see, yet I know not whether you apprehend and 
esteem it in so high a degree; that is, for the best 
action of importation to yourself, of sound honour 
and merit to her majesty and this crown, without 
ventosity and popularity, that the riches of any oc- 
casion, or the tide of any opportunity, can possibly 
minister or offer: and that is the causes of Ireland, 
if they be taken by the right handle. For if the 
wound be not ripped up again, and come to a 
recrudency by new foreign succours, I think that no 
physician will go on much with letting of blood, 
“in declinatione morbi ;” but will intend to purge 
and corroborate. To which purpose I send you 
mine opinion, without labour of words, in the in- 
closed ; and sure I am, that if you shall enter into 
the matter according to the vivacity of your own 
spirit, nothing can make unto you a more gainful 


* Therefore this was wrote in 1601.—Rawley’s Resuscitatio, 58. 


LETTER RELATING TO IRELAND. 187 


return, For you shail make the queen’s felicity 
complete, which now, as it is, is incomparable: and 
for yourself, you shall shew yourself as good a 
patriot as you are thought a politic, and make the 
world perceive you have not less generous ends, 
than dextrous delivery of yourself towards your ends ; 
and that you have as well true arts and grounds of 
government, as the facility and felicity of practice 
and negociation ; and that you are as well seen in 
the periods and tides of estates, as in your own circle 
and way: than the which, I suppose, nothing can be 
a better addition and accumulation of honour unto 
you. ‘This, I hope, I may in privateness write, either 
as a kinsman, that may be bold: or as a scholar, that 
hath liberty of discourse, without committing any ab- 
surdity. But if it seem any error in me thus to 
intromit myself, I pray your honour to believe, I 
ever loved her majesty and the state, and now love 
yourself; and there is never any vehement love 
without some absurdity, as the Spaniard well says : 
“ desuario con la calentura.” So desiring your 
honour’s pardon, I ever continue. 


CONSIDERATIONS TOUCHING THE QUEEN’S SERVICE IN 
IRELAND. * 

Tue reduction of that country, as well to civility 
and justice, as to obedience and peace, which things, 
as affairs now stand, I hold to be inseparable, con- 
sisteth in four points : 

1, The extinguishing of the relicks of the war, 


* Resuscitatio, 264. 


188 CONSIDERATIONS TOUCHING THE 


2. The recovery of the hearts of the people. 

3. The removing of the root and occasions of new 

troubles. 

4. Plantations and buildings. 

For the first ; concerning the places and times, 
and particularities of farther prosecution, in fact, I 
leave it to the opinion of men of war ; only the diffi- 
culty is, to distinguish and discern the propositions, 
which shall be according to the ends of the state 
here, that is, final and summary towards the extir- 
pation of the troubles, from those, which though 
they pretend public ends, yet may refer indeed to the 
more private and compendious ends of the council 
there: or of the particular governors or captains. 
But still, as I touched in my letter, I do think much 
letting blood, “in declinatione morbi,” is against 
method of cure: and that it will but induce neces- 
sity, and exasperate despair: and percase discover 
the hollowness of that which is done already, which 
now blazeth to the best shew. For Jaglia’s and 
proscriptions of two or three of the principal rebels, 
they are no doubt, “ jure gentium,” lawful: in Italy 
usually practised upon the banditti ; best in season 
when a side goeth down: and may do good in two 
kinds; the one, if they take effect: the other, in the 
distrust which may follow amongst the rebels them- 
selves. But of all other points, to my understanding, 
the most effectual is, the well expressing or im- 
pressing the design of this state, upon that miserable 


and desolate kingdom; containing the same be- 


tween these two lists or boundaries; the one, that 
the queen seeketh not an extirpation of that people, 


QUEEN’S SERVICE IN IRELAND. 189 


but a reduction; and that, now she hath chastised 
them by her royal power and arms, according to the 
necessity of the occasion, her majesty taketh no 
pleasure in effusion of blood, or displanting of an- 
cient generations. The other, that her majesty’s 
princely care is principally and intentionally bent 
upon the action of Ireland ; and that she seeketh 
not so much the ease of charge, as the royal per- 
formance of the office of protection, and reclaim of 
those her subjects: and in a word, that the case is 
altered so far as may stand with the honour of the 
time past: which it is easy to reconcile, as in my 
last note I shewed. And again, I do repeat, that if 
her majesty’s design be “ex professo” to reduce wild 
and barbarous people to civility and justice, as well 
as to reduce rebels to obedience, it makes weakness 
turn Christianity, and conditions graces; and so 
hath a fineness in turning utility upon point of 
honour, which is agreeable to the humour of these 
times. And besides, if her majesty shall suddenly 
abate the lists of her forces, and shall do nothing to 
countervail it in point of reputation, of a politic pro- 
ceeding, I doubt things may too soon fall back into 
the state they were in. Next to this; adding repu- 
tation to the cause, by imprinting an opinion of her 
majesty’s care and intention upon this action, is the 
taking away of reputation from the contrary side, by 
cutting off the opinion and expectation of foreign 
succours; to which purpose this enterprise of Al- 
giers, if it hold according to the advertisement, and 
if it be not wrapped up in the period of this summer, 


190 CONSIDERATIONS TOUCHING THE 


seemeth to be an opportunity “ccelitus demissa.” 
And to the same purpose nothing can be more fit 
than a treaty, or a shadow of a treaty of a peace 
with Spain, which methinks should be in our power 
to fasten at least “ rumore tenus,” to the deluding of 
as wise people as the Irish. Lastly, for this point; 
that which the ancients called “ potestas facta rede- 
“undi ad sanitatem ;” and which is but a mockery 
when the enemy is strong, or proud, but effectual in 
his declination; that is, a liberal proclamation of 
grace and pardon to such as shall submit, and come 
in within a time prefixed, and of some farther reward 
to such as shall bring others in; that one’s sword 
may be sharpened by another’s, is a matter of good 
experience, and now, I think, will come in time. 
And percase, though I wish the exclusions of such a 
pardon exceeding few, yet it will not be safe to con- 
tinue some of them in their strength, but to trans- 
late them and their generations into England ; and 
give them recompenceé and satisfaction here for their 
possessions there, as the king of Spain did, by divers 
families of Portugal. To the effecting of all the 
points aforesaid, and likewise those which fall within 
the divisions following, nothing can be in priority, 
either time or matter, better than the sending of 
some commission of countenance, “ ad res inspicien- 
« das et componendas ;” for it will be a very signifi- 
cant demonstration of her majesty’s care of that 
kingdom; a credence to any that shall come in and 
submit; a bridle to any that shall have their fortunes 
there, and shall apply their propositions to private 


 QUEEN’S SERVICE IN IRELAND. 191 


ends; and an evidence that her majesty, after arms 
laid down, speedily pursueth a politic course, without 
neglect or respiration: and it hath been the wisdom 
of the best examples of government. 

Towards the recovery of the hearts of the people, 
there be but three things, “ in natura rerum.” 

1. Religion. 

2. Justice and protection. 

3. Obligation and reward. 

For religion, to speak first of piety, and then of 
policy, al! divines do agree, that if.consciences be to 
be enforced at all, wherein yet they differ, two things 
must precede their inforcement; the one, means of 
instruction ; the other, time of operation; neither of 
which they have yet had. Besides, till they be more 
like reasonable men than they yet are, their society 
were rather scandalous to the true religion, than 
otherwise; as pearls cast before swine: for till they 
be cleansed from their blood, incontinency, and theft, 
which are now not the lapses of particular persons, 
but the very laws of the nation, they are incom- 
patible with religion reformed. For policy, there is 
no doubt but to wrestle with them now, is directly 
opposite to their reclaiming, and cannot but continue 
their alienation of mind from this government. Be- 
sides, one of the principal pretences, whereby the 
heads of the rebellion have prevailed both with the 
people, and with the foreigner, hath been the defence 
of the catholic religion: and it is this that likewise 
hath made the foreigner reciprocally more plausible 
with the rebel. Therefore a toleration of religion, 


192 CONSIDERATIONS TOUCHING THE 


for a time, not definite, except it be in some prin- 
cipal towns and precincts, after the manner of some 
French edicts, seemeth to me to be a matter war- 
rantable by religion, and in policy of absolute neces- 
sity. And the hesitation in this point, I think, hath 
been a great casting back of the affairs there. 
Neither if any English papist or recusant shall, for 
liberty of his conscience, transfer his person, family, 
and fortunes thither; do I hold it a matter of danger, 
but expedient to draw on undertaking, and to further 
population. Neither if Rome will cozen itself, by 
conceiving it may be in some degree to the like 
toleration in England, do I hold it a matter of any 
moment; but rather a good mean to take off the 
fierceness and eagerness of the humour of Rome, 
and to stay further excommunications or interdic- 
tions for Ireland. But there would go hand in hand 
with this, some course of advancing religion indeed, 
where the people is capable thereof; as the sending 
over some good preachers, especially of that sort 
which are vehement and zealous persuaders, and 
not scholastical, to be resident in principal towns ; 
endowing them with some stipends out of her 
majesty’s revenues, as her majesty hath most religi- 
ously and graciously done in Lancashire: and the 
recontinuing and replenishing the college begun at 
Dublin, the placing of good men to be bishops in the 
sees there, and the taking care of the versions of 
bibles and catechisms, and other books of instruction, 
into the Irish language; and the like religious 
courses, both for the honour of God, and for the 


QUEEN’S SERVICE IN IRELAND. 193 


avoiding of scandal and insatisfaction here, by the 
show of a toleration of religion in some parts there. 
For justice ; the barbarism and desolation of the 
country considered, it is not possible they should find 
any sweetness at all of justice: if it should be, which 
hath been the error of times past, formal, and fetched 
far off from the state ; because it will require running 
up and down from process; and give occasion for 
polling and exactions by fees, and many other delays 
and charges. And therefore there must be an in- 
terim in which the justice must be only summary : 
the rather, because it is fit and safe for a time the 
country do participate of martial government; and 
therefore, I could wish in every principal town or 
place of habitation, there were a captain or governor ; 
and a judge, such as recorders, and learned stewards 
are here in corporations, who may have a prerogative 
commission to hear and determine “ secundum sanam 
“ discretionem ;” 
and customs of England ; and that by bill or plaint, 
without original writ; reserving from their sentence 


and as near as may be to the laws 


matter of freehold and inheritance, to be determined 
by a superior judge itinerant ; and both sentences, 
as well of the bailywick judge, as itinerant, to be re- 
versed, if cause be, before the council of the province 
to be established there with fit instructions. 

For obligation and reward; it is true, no doubt, 
which was.anciently said, that a state is contained in 
two words, “ premium” and “ poena; and [I am 
persuaded, if a penny in the pound which hath been 
spent in “ poena,” for this kind of war is but “ poena,” 

VOL. V. O 


194 CONSIDERATIONS TOUCHING THE 


a chastisement of rebels, without fruit or emolument 
to this state, had been spent in “ premio,” that is, 
in rewarding, things had never grown to this ex- 
tremity. But to speak forwards. The keeping of 
the principal Irish persons in terms of contentment, 
and without cause of particular complaint; and 
generally the carrying of an even course between the 
English and Irish; whether it be in competition 
or whether it be in controversy, as if they were one 
nation, without that same partial course which hath 
been held by the governors and counsellors there, 
that some have favoured the Irish, and some contrary, 
is one of the best medicines of that state.. And as 
for other points of contentment, as the countenancing 
of their nobility as well in this court as there; the 
imparting of knighthood; the care of education of 
their children, and the like points of comfort and 
allurement; they are things which fall into every 
man’s consideration. 

For the extirpating of the seeds of troubles, I 
suppose the main roots are but three. The first, the 
ambition and absoluteness of the chief of the families 
and septs. The second, the licentious idleness of 
their kernes and soldiers, that lie upon the country, 
by cesses and such like oppressions. And the third, 
the barbarous laws, customs, their brehon laws, 
habits of apparel, their poets or heralds that enchant 
them in savage manners, and sundry other such 
dregs of barbarism and rebellion, which by a number 
of politic statutes of Ireland, meet to be put in 
execution, are already forbidden ; unto which such 


QUEEN'S SERVICE IN IRELAND. 195 


additions may be made as the present time requireth. 
But the deducing of this branch requireth a more 
particular notice of the state and manners there, than 
falls within my compass. 

For plantations and buildings, I do find it strange 
that in the last plot for the population of Munster, 
there were limitations how much in demesne, and 
how much in farm, and how much in tenancy ; 


_ again, how many buildings should be erected, how 


many Irish in mixture should be admitted, and 
other things foreseen almost to curiosity: but no 
restraint that they might not build “sparsim” at 
their pleasure; nor any condition that they should 
make places fortified and defensible: which omission 
was a strange neglect and secureness, to my under- 
standing. So as for this last point of plantations 
and buildings, there be two considerations which I 
hold most material ; the one for quickening, and the 
other for assuring. The first is, that choice be 
made of such persons for the government of towns 
and places, and such undertakers be procured, as be 
men gracious and well beloved, and are like to 
be well followed. Wherein for Munster, it may be, 
because it is not “ res integra ;” but that the former 
undertakers stand interested, there will be some 
difficulty: but surely, in mine opinion, either by 
agreeing with them; or by over-ruling them with a 
parliament in Ireland, which in this course of a 
politic proceeding, infinite occasions will require ~ 
speedily to be held, it will be fit to supply fit 
qualified persons or undertakers. The other, that 


196 LETTER ON IRELAND. 


it be not left, as heretofore, to the pleasure of the 
undertakers and adventurers, where and how to 
build and plant; but that they do it according 
to a prescript or formulary. For first, the places, 
both maritime and inland, which are fittest for 
colonies or garrisons, as well for doubt of the fo- 
reigner, as for keeping the country in bridle, would 
be found, surveyed, and resolved upon: and then 
that the patentees be tied to build in those places 
only, and to fortify as shall be thought convenient. 
And lastly, it followeth of course, in countries of 
new populations, to invite and provoke inhabitants 
by ample liberties and charters. 


TO SIR GEORGE VILLIERS. 


I sEND you inclosed a warrant for my lady of 
Somerset’s pardon, reformed in that main and ma- 
terial point, of inserting a clause [that she was not 
a principal, but an accessary before the fact, by the | 
instigation of base persons.| Her friends think long 
to have it dispatched, which I marvel not at, for that 
in matter of life moments are numbered. 

I do more and more take contentment in his 
majesty’s choice of Sir Oliver St. John, for his deputy 
of Ireland, finding, upon divers conferences with him, 
his great sufficiency ; and I hope the good intelli- 
gence, which he purposeth to hold with me by adver- 
tisements from time to time, shall work a good effect 
for his majesty’s service. 


TO SIR GEORGE VILLIERS. 197 


: I am wonderful desirous to see that kingdom 

flourish, because it is the proper work and glory of 
his majesty and his times. And his majesty may be 
pleased to call to mind, that a good while since, 
when the great rent and divisions were in the parlia- 
ment of Ireland, I was no unfortunate remembrancer 
to his majesty’s princely wisdom in that business. 
God ever keep you and prosper you. 

Your true and most devoted 
and bounden servant, 


FR. BACON. 
i July, 1616.* 


TO SIR GEORGE VILLIERS. 
SIR, 

I ruinx I cannot do better service towards the 
pood estate of the kingdom of Ireland than to pro- 
cure the king to be well served in the eminent places 
of law and justice; I shall therefore name unto you 
for the attorney’s place there, or for the solicitor’s © 
place, if the new solicitor shall go up, a gentleman 
of mine own breeding and framing, Mr. Edward 
Wyrthington of Gray’s-Inn; he is born to eight 
hundred pounds a year; he is the eldest son of a 
most severe justicer, amongst the recusants of Lan- 
cashire, and a man most able for law and speech, 
and by me trained in the king’s causes. My lord 
deputy, by my description, is much in love with 


* Stephens’s Second Collection, p, 3. 


198 LETTER ON IRELAND. 


the man. I hear my Lord of Canterbury, and Sir 


Thomas Laque, should name one Sir John Beare, 
and some other mean men. This man I commend 


upon my credit, for the good of his majesty’s service. 
God ever preserve and prosper you. I rest 
Your most devoted 
and most bounden servant, 


FR. BACON. 
2 July, 1616.* 


TO SIR GEORGE VILLIERS, ABOUT IRISH AFFAIRS. 
SIR. 

Because I am uncertain whether his majesty will 
put to a point some resolutions touching Ireland, 
now at Windsor; I thought it my duty to attend his 
majesty by my letter, and thereby to supply my ab- 
sence, for the renewing of some former commissions 
for Ireland, and the framing of a new commission 
for the wards and the alienations, which appertain 
properly to me as his majesty’s attorney, and have 
been accordingly referred by the lords. I will un- 
dertake that they are prepared with a greater care, 
and better application to his majesty’s service in that 
kingdom, than heretofore they have been ; and there- 
fore of that Isayno more. And for the instructions 
of the new deputy, they have been set down by the 
two secretaries, and read to the board; and being 
things of an ordinary nature, I do not see but they 
may pass. 


* Stephens’s Second Collection, p. 5. 


TO SIR GEORGE VILLIERS. | 199 


But there have been three propositions and coun- 
sels which have been stirred, which seem to me of 
very great importance ; wherein I think myself bound 
to deliver to his majesty my advice and opinion, if 
they should now come in question. 

The first is, touching the recusant magistrates of 
the towns of Ireland, and the commonalties them- 
selves their electors, what shall be done? Which 
consultation ariseth from the late advertisements of 
the two lords justices, upon the instance of the 
two towns, Limerick and Kilkenny; in which ad- 
vertisements they represent the danger only, with- 
out giving any light for the remedy; rather warily 
for themselves, than agreeably to their duties and 
places. 

In this point I humbly pray his majesty to re- 
member, that the refusal is not of the oath of 
allegiance, which is not enacted in Ireland, but of 
the oath of supremacy, which cutteth deeper into 
matter of conscience. Also, that his majesty will, 
out of the depth of his excellent wisdom and pro- 
vidence, think, and, as it were, calculate with himself, 
whether time will make more for the cause of religion 
in Ireland, and be still more and more propitious ; 
or whether deferring remedies will not make the 
case more difficult. For if time give his majesty 
advantage, what needeth precipitation to extreme 
remedies? But if time will make the case more 
desperate, then his majesty cannot begin too soon. 
Now, in my opinion, time will open and facilitate 
things for reformation of religion there, and not shut 


200 LETTER ON IRELAND. 


up and lock out the same. For, first, the plantations 
Soing on, and being principally of protestants, cannoz 
but mate the other party in time; also his majesty’s 
care in placing good bishops and divines, in ampli- 
fying the college there, and in looking to the edu- 
cation of wards and the like; as they are the most 
natural means, so are they like to be the most effectual 
and happy for the weeding out of popery, without 
using the temporal sword; so that, I think, I may 
truly conclude, that the ripeness of time is not yet 
come. 

Therefore my advice in all humbleness is, that 
this hazardous course of proceeding, to tender the 
oath to the magistrates of towns, proceed not, but 
die by degrees. And yet, to preserve the authority 
and reputation of the former council, I would have 
somewhat done; which is, that there be a pro- 
ceeding to seizure of liberties; but not by any act 
of power, but by “Quo warranto,” or “ Scire facias ;” 
_ which is a legal course; and will be the work of 
three or four terms; by which time the matter will 
somewhat cool. 

But I would not, in any case, that the proceeding 
should be with both the towns, which stand now in 
contempt, but with one of them only, choosing that 
which shall be thought most fit. For if his majesty 
proceed with both, then all the towns that are in the 
like case will think it a common cause; and that it is 
but their case to day, and their own to-morrow. 
But if his majesty proceed with one, the appre- 
hension and terror will not be so strong; for they 


TO SIR GEORGE VILLIERS. 201 


will think it may be their case as well to be spared 
as prosecuted : and this is the best advice that I can 
give to his majesty in this strait; and of this opinion 
seemed my lord chancellor to be. 

The second proposition is this: It may be his 
majesty will be moved to reduce the number of his 
council of Ireland, which is now almost fifty, to 
twenty, or the like number; in respect the great- 
ness of the number doth both embase the authority 
of the council, and divulge the business. Never- 
theless, I do hold this proposition to be rather 
specious and solemn, than needful at this time; for 
certainly it will fill the state full of discontentment ; 
which in a growing and unsettled estate ought not 
to be. 

This I could wish; that his majesty would 
appoint a select number of counsellors there, which 
might deal in the improvement of his revenue, being 
a thing not fit to pass through too many hands, 
and that the said selected number should have days 
of sitting by themselves, at which the rest of the 
council should not be present; which being once 
settled, then other principal business of state may be 
handled at those sittings, and so the rest begin to be 
disused, and yet retain their countenance without 
murmur or disgrace. 

The third proposition, as it is wound up, seemeth 
to be pretty, if it can keep promise; for it is this, 
that a means may be found to reinforce his majesty’s 
army there by 500 or 1000 men; and that without 
any penny increase of charge. And the means 


202 LETTER ON IRELAND. 


should be, that there should be a commandment of 
a local removing, and transferring some companies 
from one province to another; whereupon it is 
supposed, that many that are planted in house and 
lands, will rather lose their entertainment, than 
remove ; and thereby new men may have their pay, 
and yet the old be mingled in the country for the 
strength thereof. 

In this proposition two things may be feared; 
the one, discontent of those that shall be put off; 
the other, that the companies shall be stuffed with 
“ Tirones,” instead of “ Veterani.” I wish therefore 
that this proposition be well debated ere it be 
admitted. Thus having performed that which duty 
binds me to do, I commend you to God’s best 
preservation, 

Your most devoted and bounden servant, 


FR, BACON. 
Gorhambury, July 5, 1616.* 


* Stephens’s Second Collection, p. 5. 


TRACTS 


RELATING TO SPAIN. 


A REPORT 
MADE BY 


SIR FRANCIS BACON, KNIGHT, 


IN THE HOUSE OF COMMONS, 


OF A SPEECH DELIVERED BY THE EARL OF SALISBURY; AND ANOTHER SPEECH 
DELIVERED BY THE EARL OF NORTHAMPTON, AT A CONFERENCE CONCERNING THE 
PETITION OF THE MERCHANTS UPON THE SPANISH GRIEVANCES. 


Parliament 5 Jacobi. 


Anp it please you, Mr. Speaker, I do not find 
myself any ways bound to report that which passed 
at the last conference touching the Spanish grieve- 
ances, having been neither employed to speak, nor 
appointed to report in that cause. But because it 
is put upon me by a silent expectation, grounded 
upon nothing, that I know, more than that I was 
observed diligently to take notes; I am content, if 
that provision which I made for mine own remem- 
brance may serve this house for a report, not to deny 
you that sheaf that I have in haste bound up. It is 
true, that one of his majesty’s principal counsellors 
in causes of estate did use a speech that contained a 
world of matter; but how I shall be able to make 
a globe of that world, therein I fear mine own 
strength. 

His lordship took the occasion of this, which 


206 A REPORT OF THE SPANISH GRIEVANCES. 


I shall now report, upon the answer which was by 
us made to the amendments propounded upon the 
bill of hostile laws; quitting that business with 
these few words; that he would discharge our 
expectation of reply, because their lordships had no 
warrant to dispute. Then continuing his speech, 
he fell into this other cause, and said; that being 
now to make answer to a proposition of ours, as we 
had done to one of theirs, he wished it could be 
passed over with like brevity. But he did foresee 
his way, that it would prove not only long, but 
likewise hard to find, and hard to keep; this cause 
being so to be carried, as above all no wrong be 
done to the king’s sovereignty and authority: and 
in the second place, no misunderstanding do ensue 
between the two houses. And therefore that he 
hoped his words should receive a benign interpre- 
tation; knowing well that pursuit and drift. of 
speech, and multitude of matter, might breed words 
to pass from him beyond the compass of his intention ; 
and therefore he placed more assurance and caution 
in the innocency of his own meaning, and in the 
experience of our favours, than in any his wariness 
or watchfulness over his own speech. 

This respective preface used, his lordship de- 
scended to the matter itself, which he divided into 
three considerations: for he said he would consider 
of the petition. 

First, As it proceeded from the merchants. 

Secondly, As from them it was offered to the 
lower house. : 


A REPORT OF THE SPANISH GRIEVANCES. 207 


And thirdly, As from the lower house it was re- 
commended to the higher house. 

In the first of these considerations there fell out 
naturally a subdivision into the persons of the peti- 
tioners, and the matter and parts of the petition. In 
the persons of the merchants his lordship made, as I 
have collected them in number, eight observations, 
whereof the three first respected the general condition 
of merchants; and the five following were applied 
to the particular circumstances of the merchants now 
complaining. 

His lordship’s first general observation was, that 
merchants were of two sorts; the one sought their 
fortunes, as the verse saith, “per saxa, per ignes ;” 
and, asit is said in the same place, “ extremos currit 
“mercator ad Indos ;” subjecting themselves to 
weather and tempest; to absence, and, as it were, 
exile, out of their native countries; to arrest in 
entrances of war; to foreign injustice and rigour in 
times. of peace; and many other sufferances and 
adventures. But that there were others that took 
a more safe, but a less generous course in raising 
their fortunes. He taxed none, but did attribute 
much more respect to the former. 

The second general observation which his lord- 
ship made was, that the complaints of merchants 
were usually subject to much error, in regard that 
they spake, for the most part, but upon information ; 
and that carried through many hands; and of 
matters done in remote parts; so as a false or 
factious factor might oftentimes make great trage- 


208 A REPORT OF THE SPANISH GRIEVANCES. 


dies upon no great ground. Whereof, towards the 
end of his speech he brought an instance of one 
trading into the Levant, that complained of an arrest 
of his ship, and possessed the council-table with the 
same complaint in a vehement and bitter fashion ; 
desiring and pressing some present and expostula- 
tory letters touching the same. Whereupon some 
counsellors, well acquainted with the like heats, and 
forwardness in complaints, happened to say to him 
out of conjecture, and not out of any intelligence, 
« What will you say if your ship, which you com- 
“ plain to be under arrest, be now under sail in 
“ way homewards?” Which fell out accordingly : 
the same person confessing, six days after, to the 
lords, that she was indeed in her way homewards. 

The third general observation which his lordship 
made was this, in effect; that although he granted 
that the wealth and welfare of the merchant was not 
without a sympathy with the general stock and state 
of a nation, especially an island; yet nevertheless, it 
was a thing too familiar with the merchant, to make 
the case of his particular profit, the public case of 
the kingdom. 

There follow the particular observations, which 
have a reference and application to the merchants 
that trade to Spain and the Levant; wherein his 
lordship did first honourably and tenderly acknow- 
ledge, that their grievances were great, that they 
did multiply, and that they do deserve compassion 
and help; but yet nevertheless, that he must use 
that loving plainness to them as to tell them that 


A REPORT OF THE SPANISH GRIEVANCES. 209 


in many things they were authors of their own 
miseries. For since the dissolving of the company, 
which was termed the monopoly, and was set free 
by the special instance of this house, there hath 
followed such a confusion and relaxation in order 
and government amongst them, as they do not only 
incur many inconveniences, and commit many errors, 
but in the pursuits of their own remedies and suits 
they do it so impoliticly, and after such a fashion, 
as, except lieger ambassadors, which are the eyes 
of kings in foreign parts, should leave their centinel, 


- and become merchants’ factors, and solicitors, their 


causes can hardly prosper. And, which is more, such 
is now the confusion in the trade, as shop-keepers 
and handy-craftsmen become merchants there ; who 
being bound to no orders, seek base means, by gifts 
and bribery, to procure favours at the hands of 
officers there. So as the honest merchant, that 
trades like a substantial merchant, and loves not to 
take servile courses to buy the right due to him 
by the amity of the princes, can have no justice 
without treading in their steps. 

Secondly, His lordship did observe some impro- 
bability that the wrongs should be so great, con- 
sidering trading into those parts was never greater ; 
whereas if the wrongs and griefs were-so intolerable 
and continual, as they propound them and voiced 
them, it would work rather a general discourage- 
ment and coldness of trade in fact, than an earnest 
and hot complaint in words. 

Thirdly, His lordship did observe, that it is a 

VOL. V. P 


210 A REPORT OF THE SPANISH GRIEVANCES. 


course, howsoever it may be with a good intent, yet, 
of no small presumption, for merchants upon their 
particular grievances to urge things tending to a 
direct war, considering that nothing is more usual in 
treaties, than that such particular damages and 
molestations of subjects are left to a form of justice 
to be righted: and that the more high articles do 
retain nevertheless their vigour inviolably ; and that 
the great bargain of the kingdom for war and peace 
may in no wise depend upon such petty forfeitures, 
no more than in common assurance between man 
and man it were fit that, upon every breach of cove- 
nants, there should be limited a re-entry. 

Fourthly, His lordship did observe, in the manner 
of preferring their petition, they had inverted due 
order, addressing themselves to the foot, and not to 
the head. For, considering that they prayed no 
new law for their relief, and that it concerned matter 
of inducement to war or peace, they ought to have 
begun with his majesty ; unto whose royal judgment, 
power, and office, did properly belong the discerning 
of that which was desired, the putting in act of that 
which might be granted, and the thanks for that 
which might be obtained. 

Fifthly, His lordship did observe, that as they 
had not preferred their petition as it should be, so 
they had not pursued their own direction as it was. 
For having directed their petition to the king, the 
lords spiritual and temporal, and the commons in 
parliament assembled, it imported, as if they had 
offered the like petition to the lords; which they 


Pa eR att Te a 


A REPORT OF THE SPANISH GRIEVANCES. 211 


never did: contrary not only to their own direction, 
but likewise to our conceit, who pre-supposed, as it 
should seem by some speech that passed from us at 
a former conference, that they had offered several 
petitions of like tenor to both houses. So have you 
now those eight observations, part general, part 
special, which his lordship made touching the persons 
of those which exhibited the petition, and the circum- 
stances of the same. 

For the matter of the petition itself, his lordship 
made this division, that it consisteth of three parts. 

First, Of the complaints of wrongs in fact. 

Secondly, Of the complaints of wrongs in law, as 
they may be truly termed, that is, of the inequality 
of laws which do regulate the trade. 

And thirdly, The remedy desired by letters of mart. 

The wrongs in fact receive a local distribution of 
three. In the trade to Spain, in the trade to the 
West-Indies, and in the trade to the Levant. 

Concerning the trade to Spain; although his 

lordship did use much signification of compassion of 
the injuries which the merchants received ; and at- 
tributed so much to their profession and estate, as 
from such a mouth in such a presence they ought to 
receive for a great deal of honour and comfort, 
which kind of demonstration he did interlace through- 
out his whole speech, as proceeding “ ex abundantia 
“ cordis,” yet nevertheless he did remember four 
excusations, or rather extenuations of those wrongs. 

The first was, that the injustices complained of 
were not in the highest degree, because they were 


212 A REPORT OF THE SPANISH GRIEVANCES. 


delays and hard proceedings, and not inique sen- 
tences, or definitive condemnations: wherein I called 
to mind what I heard a great bishop say, that courts 
of justice, though they did not turn justice into 
wormwood by corruption, yet they turned it into 
vinegar by delays, which soured it. Such a difference 
did his lordship make, which, no question, is a differ- 
ence “ secundum majus et minus.” 

Secondly, His lordship ascribed these delays, not 
so much to malice or alienation of mind towards us, 
as to the nature of the people and nation, which is 
proud and therefore dilatory: for all proud men are 
full of delays, and must be waited on; and especially 
to the multitudes and diversities of tribunals and 
places of justice, and the number of the king’s 
councils, full of referrings, which ever prove of 
necessity to be deferrings ; besides the great distance 
of territories: all which have made the delays of 
Spain to come into a by-word through the world, 
Wherein I think his lordship might allude to the 
proverb of Italy, ‘‘ Mi venga la morte di Spagna,” 
Let my death come from Spain, for then it is sure to 
be long a coming. 

Thirdly, His lordship did use an extenuation of 
these wrongs, drawn from the nature of man, “ nemo 
“ subito fingitur.” For that we must make an ac- 
count, that though the fire of enmity be out between 
Spain and us, yet it vapoureth: the utter extincting 
whereof must be the work of time. 

But lastly, his lordship did fall upon that ex- 
tenuation, which of all the rest was most forcible ; 


A REPORT OF '1HE SPANISH GRIEVANCES. PAs 


which was, that many of these wrongs were not 
sustained without some aspersion of the merchants’ 
own fault in ministering the occasion, which grew 
chiefly in this manner. 

There is contained an article in the treaty be- 
tween Spain and us, that be shall not transport any 
native commodities of the Low Countries into Spain; 
nay, more, that we shall not transport any opificia, 
manufactures of the same countries: so that if an 
English cloth take but a dye in the Low Countries, 
it may not be transported by the English. And the 
reason is, because even those manufactures, although 
the materials come from other places, do yield unto 
them a profit and sustentation, in regard their 
people are set on work by them; they have a gain 
likewise in the price; and they have a custom in 
the transporting. All which the policy of Spain 
is to debar them of; being no less desirous to 
suffocate the trade of the Low Countries, than to 
reduce their obedience. This article the English 
merchant either doth not or will not understand: 
but being drawn with his threefold cord of love, 
hate, and gain, they do venture to transport the 
Low Country commodities of these natures, and so 
draw upon themselves these arrests and troubles, 

For the trade to the Indies, his lordship did 
discover unto us the state of it to be thus: the 
policy of Spain doth keep that treasury of theirs 
under such lock and key, as both confederates, yea, 
and subjects, are excluded of trade into those 
countries ; insomuch as the French king, who hath 


B14 A REPORT OF THE SPANISH GRIEVANCES. 


reason to stand upon equal terms with Spain, yet 
nevertheless is by express capitulation debarred. 
The subjects of Portugal, whom the state of Spain 
hath studied by all means to content, are likewise 
debarred: such a vigilant dragon is there that 
keepeth this golden fleece ; yet nevertheless, such 
was his majesty’s magnanimity in the debate and 
conclusion of the last treaty, as he would never con- 
descend to any article, importing the exclusion of 
his subjects from that trade: as a prince that would 
not acknowledge that any such right could grow tothe 
crown of Spain by the donative of the pope, whose 
authority he disclaimeth; or by the title of a dis- 
persed and punctual occupation of certain territories 
in the name of the rest; but stood firm to reserve 
that point in full question to farther times and 
occasions; so as it is left by the treaty in suspence, 
neither debarred nor permitted: the tenderness and 
point of honour whereof was such, as they that went 
thither must run their own peril. Nay, farther his 
lordship affirmed, that if yet at this time his majesty 
would descend to a course of intreaty for the release 
of the arrests in those parts, and so confess an ex- 
clusion, and quit the point of honour, his majesty 
might have them forthwith released. And yet his 
lordship added, that the offences and scandals of 
some had made this point worse than it was, in 
regard that this very last voyage to Virginia, in- 
tended for trade and plantation, where the Spaniard 
hath no people nor possession, is already become 
infamed for piracy. Witness Bingley, who first 


A REPORT OF THE SPANISH GRIEVANCES. 319 


insinuating his purpose to be an actor in that 
worthy action of enlarging trade and plantation, is 
become a pirate, and hath been so pursued, as his 
ship is taken in Ireland, though his person is not 
yet in hold. 

For the trade to the Levant, his Lordship opened 
unto us that the complaint consisted in effect but of 
two particulars: the one touching the arrest of a 
ship called the Trial, in Sicily; the other of a ship 
called the Vineyard, in Sardinia. The first of which 
arrests was upon pretence of piracy; the second, 
upon pretence of carrying ordnance and powder to 
the Turk. That process concerning the Trial had 
been at the merchants’ instance drawn toa review in 
Spain, which is a favour of exceeding rare precedent, 
being directly against the liberties and privileges of 
Sicily. That of the Vineyard, notwithstanding it be 
of that nature, as, if it should be true, tendeth to the 
great dishonour of our nation, whereof hold hath 
been already taken by the French ambassador re- 
siding at Constantinople, who entered into a scanda- 
lous expostulation with his majesty’s ambassador 
there, upon that and the like transportations of 
munition to the Turk, yet nevertheless there is an 
answer given, by letters from the king’s ambassador 
lieger in Spain, that there shall be some course taken 
to give reasonable contentment in that cause, as far 
as may be: in both which ships, to speak truly, the 
greatest mass of loss may be included; for the rest 
are mean, in respect of the value of those two vessels. 


216 A REPORT OF THE SPANISH GRIEVANCES. 


And thus much his lordship’s speech comprehended 
concerning the wrongs in fact. 

Concerning the wrongs in law; that is to say, 
the rigour of the Spanish laws extended upon his 
majesty’s subjects that traffic thither, his lordship 
gave this answer. That they were no new statutes 
or edicts devised for our people, or our times; but 
were the ancient laws of that kingdom: “ Suus 
“ cuique mos.” And therefore, as travellers must 
endure the extremities of the climate, and temper of 
the air where they travel; so merchants must bear 
with the extremities of the laws, and temper of the 
estate where they trade. Whereunto his lordship 
added, That our own laws here in England were not 
exempted from the like complaints in foreign parts ; 
especially in point of marine causes and depredations, 
and that same swift alteration of property, which is 
claimed by the admiralty in case of goods taken in 
pirates’ hands. But yet that we were to understand 
thus much of the king of Spain’s care and regard of 
our nation; that he had written his letters to all 
corregidors, officers of ports, and other his ministers, 
declaring his will and pleasure to have his majesty’s 
subjects used with all freedom and favour; and with 
this addition, that they should have more favour, 
when it might be shewed, than any other. Which 
words, howsoever the effects prove, are not suddenly 
to be requited with peremptory resolutions, till time 
declare the direct issue. 

For the third part of the matter of the petition, 


A REPORT OF THE SPANISH GRIEVANCES. 217 


which was the remedy sought by letters of mart, his 
lordship seemed desirous to make us capable of the 
inconvenience of that which was desired, by setting 
before us two notable exceptions thereunto: the one, 
that the remedy was utterly incompetent and vain; 
the other, that it was dangerous and pernicious to 
our merchants, and in consequence to the whole 
state. 

For the weakness of the remedy, his lordship 
wished us to enter into consideration what the 
remedy was, which the statute of Henry the fifth, 
which was now sought to be put in execution, gave 
in this case: which was thus; That the party grieved 
should first complain to the keeper of the privy seal, 
and from him should take letters unto the party that 
had committed the spoil, for restitution; and in de- 
fault of restitution to be made upon such letters 
served, then to obtain of the chancellor letters of 
mart or reprisal: which circuit of remedy promised 
nothing but endless and fruitless delay, in regard 
that the first degree prescribed was never likely to 
be effected: it being so wild a chace, as to serve 
process upon the wrong doer in foreign parts. 
Wherefore his lordship said, that it must be the 
remedy of state, and not the remedy of statute, that 
must do good in this case; which useth to proceed 
by certificates, attestations, and other means of in- 
formation; not depending upon a privy seal to be 
served upon the party, whom haply they must seek 
out in the West-Indies. 

For the danger of the remedy, his lordship 


218 A REPORT OF THE SPANISH GRIEVANCES, 


directed our considerations to take notice of the pro- 
portions of the merchants’ goods in either kingdom: 
as that the stock of goods of the Spaniard, which is 
within his majesty’s power and distress, is a trifle; 
whereas the stock of English goods in Spain is a mass 
of mighty value. So as if this course of letters of 
mart should be taken to satisfy a few hot pursuitors 
here, all the goods of the English subjects in Spain 
shall be exposed to seizure and arrest: and we have 
little or nothing in our hands on this side to mend 
ourselves upon. And thus much, Mr. Speaker, is 
that which I have collected out of that excellent 
speech, concerning the first main part, which was 
the consideration of the petition as it proceeded from 
the merchant, 

There followeth now the second part, considering 
the petition as it was offered in this house. Wherein 
his lordship, after an affectionate commemoration of 
the gravity, capacity, and duty, which he generally 
found in the proceedings of this house, desired us 
nevertheless to consider with him, how it was pos- 
sible that the entertaining petitions concerning pri- 
vate injuries, and of this nature, could avoid these 
three inconveniences: the first, of injustice; the 
second, of derogation from his majesty’s supreme and 
absolute power of concluding war or peace; and the 
third, of some prejudice in reason of estate. 

For injustice, it is plain, and cannot be denied, 
that we hear but the one part: whereas the rule, 
“ Audi alteram partem,” is not of the formality, but 
of the essence of justice : which is therefore figured 


A REPORT OF THE SPANISH GRIEVANCES. 219 


with both eyes shut, and both ears open; because 
she should hear both sides, and respect neither. So 
that if we should hap to give a right judgment, it 
might be “ justum,” but not “ juste,” without hearing 
both parties. 

For the point of derogation, his lordship said, he 
knew well we were no less ready to acknowledge 
than himself, that the crown of England was ever 
invested, amongst other prerogatives not disputable, 
of an absolute determination and power of concluding 
and making war and peace: which that it was no 
new dotation, but of an ancient foundation in the 
crown, he would recite unto us a number of prece- 
dents in the reigns of several kings, and chiefly of 
those kings which come nearest his majesty’s own 
worthiness ; wherein he said, that he would not put 
his credit upon cyphers and dates; because it was 
easy to mistake the year of a reign, or number of a 
roll, but he would avouch them in substance to be 
perfect and true, as they are taken out of the records. 
By which precedents it will appear, that petitions 
made in parliament to kings of this realm, his 
majesty’s progenitors, intermeddling with matter of 
war or peace, or inducement thereunto, received 
small allowance or success, but were always put 
off with dilatory answers; sometimes referring the 
matter to their council, sometimes to their letters, 
sometimes to their farther pleasure and advice, and 
such other forms; expressing plainly, that the kings 
meant to reserve matter of that nature entirely to 
their own power and pleasure. 


220 A REPORT OF THE SPANISH GRIEVANCES, 


In the eighteenth year of king Edward I. com- 
plaint was made by the commons, against the sub- 
jects of the earl of Flanders, with petition of redress. 
The king’s answer was, “ Rex nihil aliud potest, 
“quam eodem modo petere :” that is, That the king 
could do no more but make request to the earl of 
Flanders, as request had been made to him; and 
yet nobody will imagine but king Edward the first 
was potent enough to have had his reason of a count 
of Flanders by a war; and yet his answer was, 
“‘ Nihil aliud potest ;” as giving them to understand, 
that the entering into a war was a matter tran- 
scendent, that must not depend upon such contro- 
versies. 

In the fourteenth year of king Edward III. the 
commons petitioned, that the king would enter into 
certain covenants and capitulations with the duke of 
Brabant ; in which petition there was also inserted 
somewhat touching a money matter. The king’s 
answer was, That for that which concerned the 
monies, they might handle it and examine it; but 
touching the peace, he would do as to himself seemed 
good. 

In the eighteenth year of king Edward III. the 
commons petitioned, that they might have the trial 
and proceeding with certain merchants strangers as 
enemies to the state. The king’s answer was, It 
should remain as it did till the king had taken farther 
order. 

In the forty-fifth year of king Edward III. the 
commons complained that their trade with the 


A REPORT OF THE SPANISH GRIEVANCES. 221 


Easterlings was not upon equal terms, which is one 


‘of the points insisted upon in the present petition, 


and prayed an alteration and reducement. The 
king’s answer was, It shall be so as occasion shall 
require. 
In the fiftieth year of the same king, the commons 
petitioned to the king for remedy against the sub- 
jects of Spain, as they now do. The king’s answer 
was, That he would write his letter for remedy. Here 
is letters of request, no letters of mart: “ Nihil 
potest nisi eodem modo petere.” : 

In the same year, the merchants of York peti- 
tioned in parliament against the Hollanders, and de- 
sired their ships might be stayed both in England 
and at Calais. The king’s answer was, Let it be 
declared unto the king’s council, and they shall have 
such remedy as is according to reason. 

In the second year of king Richard II. the mer- 
chants of the sea-coast did complain of divers spoils 
upon their ships and goods by the Spaniard. The 
king’s answer was, That with the advice of his 
council he would procure remedy. 

His lordship cited two other precedents; the one, 
in the second year of king Henry IV. of a petition 
against the merchants of Genoa; the other, in the 
eleventh year of king Henry VI. of a petition against 
the merchants of the still-yard, which I omit, because 
they contain no variety of answer. 

His lordship farther cited two precedents con- 
cerning other points of prerogative, which are like- 
wise flowers of the crown; the one, touching the 


229 A REPORT OF THE SPANISH GRIEVANCES. 


king’s supremacy ecclesiastical, the other, touching 


the order of weights and measures: The former of 


them was in the time of king Richard II. at what 
timé the commons complained against certain en- 
croachments and usurpations of the pope ; and the 
king’s answer was, “ The king hath given order to 
** his council to treat with the bishops thereof.” The 
other was in the eighteenth year of king Edward I. 
at which time complaint was made against uneven 
weights: and the king’s answer was, “ Vocentur 
“partes ad placita regis, et fiat justitia;” whereby 
it appeared, that the kings of this realm still used to 
refer causes petitioned in parliament to the proper 
places of cognizance and decision. But for the 
matter of war and peace, as appears in all the former 
precedents, the kings ever kept it in “ scrinio pec- 
“ toris,” in the shrines of their own breast, assisted 
and advised by their council of estate. 

Inasmuch as his lordship did conclude his enume- 
ration of precedents with a notable precedent in the 
seventeenth year of king Richard II. a prince of no 
such glory nor strength; and yet when he made 
offer to the commons in parliament that they should 
take into their considerations matter of war and 
peace then in hand; the commons, in modesty, ex- 
cused themselves, and answered, “ The commons 
« will not presume to treat of so high a charge.” 
Out of all which precedents his lordship made this 
inference, that as “ dies diem docet,” so by these 
examples wise men will be admonished to forbear 
those petitions to princes, which are not likely to 


A REPORT OF THE SPANISH GRIEVANCES. 223 


have either a welcome hearing, or an effectual 
answer. : 

And for prejudice that might come of handling 
and debating matter of war and peace in parliament, 
he doubted not, but that the wisdom of this house 
did conceive upon what secret considerations and 
motives that point did depend. For that there is no 
king which will providently and maturely enter into 
a war, but will first balance his own forces; seek to 
anticipate confederacies and alliances, revoke his 
merchants, find an opportunity of the first breach, 
and many other points, which, if they once do but 
take wind, will prove vain and frustrate. And there- 
fore that this matter, which is “ arcanum imperii,” 
one of the highest mysteries of estate, must be suf- 
fered to be kept within the veil : his lordship adding, 
that he knew not well whether, in that which he had 
already said out of an extreme desire to give us 
satisfaction, he had not communicated more parti- 
culars than perhaps was requisite. Nevertheless, he 
confessed, that sometimes parliaments have been 
made acquainted with matter of war and peace in a 
generality ; but it was upon one of these two 
motives; when the king and council conceived that 
either it was material to have some declaration of 
the zeal and affection of the people; or else when 
the king needed to demand moneys and aids for the 
charge of the wars; wherein if things did sort to 
war, we were sure enough to hear of it: his lordship 
hoping that his majesty would find in us no less 
readiness to support it than to persuade it. 


224 A REPORT OF THE SPANISH GRIEVANCES. 


Now, Mr. Speaker, for the last part ; wherein his 
lordship considered the petition, as it was recom- 
mended from us to the upper house; his lordship 
delivered thus much from their lordships; that they 
would make a good construction of our desires, as 
those which they conceived did rather spring out of 
a feeling of the king’s strength, and out of a feeling 
of the subjects’ wrongs; nay more out of a wisdom 
and depth, to declare our forwardness, if need were, 
to assist his majesty’s future resolutions, which de- 
claration might be of good use for his majesty’s 
service, when it should be blown abroad; rather, I 
say, than that we did in any sort determine by this 
their overture, to do that wrong to his highness'’s 
supreme power, which haply might be inferred by 
those that were rather apt to make evil than good 
illations of our proceedings. And yet, that their 
lordships, for the reasons before made, must plainly 
tell us, that they neither could nor would concur 
with us, nor approve the course ; and therefore con- 
cluded, that it would not be amiss for us, for our 
better contentment, to behold the conditions of the 
last peace with Spain, which were of a strange nature 
to him that duly observes them; no forces recalled 
out of the Low Countries; no new forces, as to 
voluntaries, restrained to go thither; so as the king 
may be in peace, and never a subject in England but 
may be in war: and then to think thus with our- 
selves, that that king, which would give no ground 
in making his peace, will not lose any ground, upon 
just provocation, to enter into an honourable war. 


A REPORT OF THE SPANISH GRIEVANCES. 225 


And that in the mean time we should know thus 
much, that there could not be more forcible negoci- 
ation on the king’s part, but blows, to procure remedy 
of those wrongs; nor more fair promises on the king 
of Spain’s part, to give contentment concerning the 
same; and therefore that the event must be expected. 

And thus, Mr. Speaker, have I passed over the 
speech of this worthy lord, whose speeches, as I have 
often said, in regard of his place and judgment, are 
extraordinary lights to this house ; and have both the 
properties of light, that is, conducting, and comfort- 
ing. And although, Mr. Speaker, a man would have 
thought nothing had been left to be said, yet I shall 
now give you account of another speech, full of ex- 
cellent matter and ornaments, and without iteration: 
which, nevertheless, I shall report more compen- 
diously, because I will not offer the speech that 
wrong, as to report it at large, when your minds per- 
case and attentions are already wearied. 

The other earl, who usually doth bear a principal 
part upon all important occasions, used a speech, first 
of preface, then of argument. In his preface he did 
deliver, that he was persuaded that both houses did 
differ rather in credulity and belief, than in intention 
and desire: for it might be their lordships did not 
believe the information so far, but yet desired the re- 
formation as much. 

His lordship said farther, that the merchant was a 
state and degree of persons, not only to be respected, 
but to be prayed for, and graced them with the best 
additions ; that they were the convoys of our sup- 

VOL. V. Q 


226 <A REPORT OF THE SPANISH GRIEVANGES. 


plies, the vents of our abundance, Neptune’s alms- 
men, and fortune’s adventurers. His lordship pro- 
ceeded and said, this question was new to us, but 
ancient to them; assuring us, that the king did not 
bear in vain the device of the thistle, with the word, 
« Nemo me lacessit impune ;” and that as the multi- 
plying of his kingdoms maketh him feel his own 
power; so'the multiplying of our loves and affections 
made him to feel our griefs. 

For the arguments or reasons, they were five in 
number, which his lordship used for satisfying us why 
their lordships might not concur with us in this peti- 
tion. The first was the composition of our house, 
which he took in the first foundation thereof to be 
merely democratical, consisting of knights of shires 
and burgesses of towns, and intended to be of those 
that have their residence, vocation, and employment 
in the places for which they serve: and therefore to 
have a private and local wisdom, according to that 
compass, and so not fit to examine or determine 
secrets of estate, which depend upon such variety 
of circumstances; and therefore added to the pre- 
cedent formerly vouched, of the seventeenth of king 
Richard II. when the commons disclaimed to inter- 
meddle in matter of war and peace; that their 
answer was, that they would not presume to treat of so 
high and variable a matter. And although his lord- 
ship acknowledged that there be divers gentlemen, 
in the mixture of our house, that are of good capacity 
and insight in matters of estate; yet that was the 
accident of the person, and not the intention of the 


A REPORT OF THE SPANISH GRIEVANCES. 227 


place; and things were to be taken in the institution, 
not in the practice. 

His lordship’s second reason was, that both by 
philosophy and civil law, “ ordinatio belli et pacis est 
“ absoluti imperii,” a principal flower of the crown ; 
which flowers ought to be so dear unto us, as we 
ought, if need were, to water them with our blood : 
for if those flowers should, by neglect, or upon 
facility and good affection, wither and fall, the 
garland would not be worth the wearing. 

His lordship’s third reason was, that kings did so 
love to imitate ‘ primum mobile,” as that they do 
not like to move in borrowed motions: so that in 
those things that they do most willingly intend, yet 
they endure not to be prevented by request: whereof 
he did allege a notable example in king Edward III. 
who would not hearken to the petition of his com- 
mons, that besought him to make the black prince 
prince of Wales: but yet, after that repulse of their 
petition, out of his own mere motion he created 
him. 

His lordship’s fourth reason was, that it might be 
some scandal to step between the king and his own 
virtue; and that it was the duty of subjects rather 
to take honours from kings’ servants and give them 
to kings, than to take honours from kings and give 
them to their servants: which he did very elegantly 
set forth in the example of Joab, who, lying at the © 


siege of Rabbah, and finding it could not hold out, 


writ to David to come and take the honour of taking 
the town. 


228 A REPORT OF THE SPANISH GRIEVANCES. 


His lordship’s last reason was, that it may cast 
some aspersion upon his majesty ; implying, as if the 
king slept out the sobs of his subjects, until he was 
awaked with the thunderbolt of a parliament. 

But his lordship’s conclusion was very noble, 
which was with a protestation, that what civil threats, 
contestation, art, and argument can do, hath been 
used already to procure remedy in this cause ; and a 
promise, that if reason of state did permit, as their 
lordships were ready to spend their breath in the 
pleading of that we desire, so they would be ready 
to spend their bloods in the execution thereof. 

This was the substance of that which passed. 


NOTES 
OF 


A SPEECH 


CONCERNING A WAR WITH SPAIN. 


TuHat ye conceive there will be little difference in 
opinion, but that all will advise the king not to en- 
tertain further a treaty, wherein he hath been so ma- 
nifestly and so long deluded. 

That the difficulty therefore will be in the con- 
sequences thereof; for to the breach of treaty, doth 
necessarily succeed a despair of recovering the Pala- 
tinate by treaty, and so the business falleth upon a 
war. And to that you will apply your speech, as 
being the point of importance, and besides, most 
agreeable to your profession and place. 

To a war, such as may promise success, there are 
three things required: a just quarrel; sufficient 
forces and provisions; and a prudent and politic 
choice of the designs and actions whereby the war 
shall be managed. 

For the quarrel, there cannot be a more just 
quarrel by the laws both of nature and nations, than 
for the recovery of the ancient patrimony of the 
king’s children, gotten from them by an usurping 
sword, and an insidious treaty, 


230 NOTES OF A SPEECH 


But further, that the war well considered is not 
for the Palatinate only, but for England and Scot- 
land; for if we stay till the Low Countrymen be 
ruined, and the party of the papists within the 
realm be grown too strong, England, Scotland, and 
Ireland, are at the stake. 

Neither doth it concern the state only, but our 
Church: other kings, papists, content themselves to 
maintain their religion in their own dominions ; but 
the kings of Spain run a course to make themselves 
protectors of the popish religion, even amongst the 
subjects of other kings: almost like the Ottomans, 
that profess to plant the law of Mahomet by the 
sword ; and so the Spaniards do of the Pope’s law. 
And therefore if either the king’s blood, or our own 
blood, or Christ’s blood be dear unto us, the quarrel 
is just, and to be embraced. 

For the point of sufficient forces, the balancing 
of the forces of these kingdoms and their allies, with 
Spain and their allies, you know to be a matter of 
great and weighty consideration; but yet to weigh 
them in a common understanding, for your part, you 
are of opinion that Spain is no such giant ; or if he 
be a giant, it will be but like Goliah and David, for 
God will be on our side. 

But to leave these spiritual considerations: you 
do not see in true discourse of peace and war, that 
we ought to doubt to be overmatched. To this 
opinion you are led by two things which lead all men ; 
by experience, and by reason. 

For experience; you do not find that for this 


CONCERNING A WAR WITH SPAIN. 231 


age, take it for 100 years, there was ever any en- 
counter between Spanish and English of importance, 
either by sea or land, but the English came off with 
the honour ; witness the Lammas day, the retreat 
of Gaunt, the battle of Newport, and some others: 
but there have been some actions, both by sea and 
land, so memorable as scarce suffer the less to be 
spoken of. By sea, that of eighty-eight, when the 
Spaniards, putting themselves most upon their stir- 
rups, sent forth that invincible Armada which should 
have swallowed up England quick; the success 
whereof was, that although that fleet swam like 
mountains upon our seas, yet they did not so much 
as take a cock-boat of ours at sea, nor fire a cottage 
at land, but came through our channel, and were 
driven, as Sir Walter Raleigh says, by squibs, fire- 
boats he means, from Calais, and were soundly 
beaten by our ships in fight, and many of them sunk, 
and finally durst not return the way they came, but 
made a scattered perambulation, full of shipwrecks, 
by the Irish and Scottish seas to get home again ; 
just according to the curse of the Scriptures, “ that 
« they came out against us one way, and fled before 
“us seven ways.” By land, who can forget the 
two voyages made upon the continent itself of 
Spain, that of Lisbon, and that of Cales, when in 
the former we knocked at the gates of the greatest 
city either of Spain or Portugal, and came off without 
seeing an enemy to look us in the face? And 
though we failed in our foundation, for that Antonio, 


232 NOTES OF A SPEECH 


whom we thought to replace in his kingdom, found 
no party at all, yet it was a true trial of the gentle- 
ness of Spain, which suffered us to go and come 
without any dispute. And for the latter, of Cales, 
it ended in victory; we ravished a principal city 
of wealth and strength in the high countries, sacked 
it, fired the Indian fleet that was in the port, and 
came home in triumph; and yet to this day were 
never put in suit for it, nor demanded reasons for 
our doings. You ought not to forget the battle of 
Kinsale in Ireland, what time the Spanish forces 
were joined with the Inish, good soldiers as them- 
selves, or better, and exceeded us far in number, and 
yet they were soon defeated, and their general 
D’Avila taken prisoner, and that war by that battle 
quenched and ended. 

And it is worthy to be noted how much our 
power in those days was inferior to our present state. 
Then, a lady old, and owner only of England, in- 
tangled with the revolt of Ireland, and her confe- 
derates of Holland much weaker, and in no con- 
juncture. Now, a famous king, and strengthened 
with a prince of singular expectation, and in the 
prime of his years, owner of the entire isle of Britain, 
enjoying Ireland populate and quiet, and infinitely 
more supported by confederates of the Low Coun- 
tries, Denmark, divers of the princes of Germany, 
and others. As for the comparison of Spain as it 
was then, and as it is now, you will for good respects 
forbear to speak ; only you will say this, that Spain 


—_~ -— - +E 


CONCERNING A WAR WITH SPAIN. 233 


was then reputed to have the wisest council of 
Europe, and not a council that will come at the 
whistle of a favourite. 

Another point of experience you would not speak 
of, if it were not that there is a wonderful erroneous 
observation, which walketh about, contrary to all 
the true account of time; and it is, that the Spaniard 
where he once gets in, will seldom or never be got 
out again; and they give it an ill-favoured simile 
which you will not name, but nothing is less true : 
they got footing at Brest, and some other parts in 
Britain, and quitted it: they had Calais, Ardes, 
Amiens, and were part beaten out, and part they 
rendred : they had Vercelles in Savoy, and fairly left 
it: they had the other day the Valtoline, and now 
have put it in deposit. What they will do at Ormus 
we shall see. So that, to speak truly of latter times, 
they have rather poached and offered at a number 
of enterprises, than maintained any constantly. And 
for Germany, in more ancient time, their great em- 
peror Charles, after he had Germany almost in his 
fist, was forced in the end to go from Isburgh, as it 
were in a mask by torch-light, and to quit every foot 
of his new acquests in Germany, which you hope 
likewise will be the hereditary issue of this late pur- 
chase of the Palatinate. And thus much for ex- 
perience. 

For reason: it hath many branches ; you will but 
extract a few first. It is a nation thin sown of men, 
partly by reason of the sterility of their soil; and 
partly because their natives are exhaust by so many 


234 NOTES OF A SPEECH 


employments in such vast territories as they possess, 
so that it hath been counted a kind of miracle to see 
together ten or twelve thousand native Spaniards in 
an army. And although they have at this time 
great numbers of miscellany soldiers in their armies 
and garrisons, yet, if there should be the misfortune 
of a battle, they are ever long about it to draw on 
supplies. 

They tell a tale of a Spanish ambassador that 
was brought to see their treasury of St. Mark at 
Venice, and still he looked down to the ground ; and 
being asked the reason, said, “ he was looking to see 
‘«« whether the treasure had any root, so that, if that 
“ were spent, it would grow again; as his master’s 
“had.” But, howsoever it be of their treasure, 
certainly their forces have scarcely any root, or at 
least such a root as putteth forth very poorly and 
slowly ; whereas there is not in the world again 
such a spring and seminary of military people as is 
England, Scotland, and Ireland; nor of seamen as 
is this island and the Low Countries: so as if the 
wars should mow them down, yet they suddenly 
may be supplied and come up again. 

A second reason is, and it is the principal, that if 
we truly consider the greatness of Spain, it con- 
sisteth chiefly in their treasure, and their treasure in 
their Indies, and their Indies, both of them, is but an 
accession to such as are masters by sea; so as this 
axle-tree, whereupon their greatness turns, is soon 
cut a-two by any that shall be stronger than they at 
sea. So then you report yourself to their opinions, 


CONCERNING A WAR WITH SPAIN. 235 


and the opinions of all men, enemies or whosoever ; 
whether that the maritime forces of Britain and the 
Low Countries are not able to beat them at sea. 
For if that be, you see the chain is broken from 
shipping to Indies, from Indies to treasure, and from 
treasure to greatness. 

The third reason, which hath some affinity with 
this second, is a point comfortable to hear in the 
state that we now are; wars are generally causes of 
poverty and consumption. The nature of this war, 
you are persuaded, will be matter of restorative and 
enriching; so that, if we go roundly on with sup- 
plies and provisions at the first, the war in continu- 
ance will find itself. That you do but point at this, 
and will not enlarge it. 

Lastly, ‘That it is not a little to be considered, 
that the greatness of Spain is not only distracted 
extremely, and therefore of less force; but built upon 
no very sound foundations, and therefore they can 
have the less strength by any assured and confident 
confederacy. With France they are in competition 
for Navarre, Milan, Naples, and the Franche County 
of Burgundy; with the see of Rome, for Naples 
also; for Portugal, with the right heirs of that line; 
for that they have in their Low Countries, with the 
United Provinces; for Ormus, now, with Persia ; 
for Valencia, with the Moors expulsed and their con- 
federates ; for the East and West Indies, with all 
the world. So that if every bird had his feather, 
Spain would be left wonderful naked. But yet there 
is a greater confederation against them than by 


236 NOTES OF A SPEECH, &c. 


means of any of these quarrels or titles; and that is 
contracted by the fear that almost all nations have 
of their ambition, whereof men see no end. And 
thus much for the balancing of their forces. 

For the last point, which is the choice of the de- 
signs and enterprises, in which to conduct the war ; 
you will not now speak, because you should be 
forced to descend to divers particulars, whereof some 
are of a more open, and some of a more secret 
nature. But that you would move the house to 
make a selected committee for that purpose; not to 
estrange the house in any sort, but to prepare things 
for them, giving them power and commission to call 
before them, and to confer with any martial men or 
others that are not of the house, that they shall think 
fit, for their advice and information: and so to give 
an account of the business to a general committee of 
the whole house. 


CONSIDERATIONS 


TOUCHING 


Vikan GY, Wal 5 fren ‘fk Ud SPAIN, 


INSCRIBED TO PRINCE CHARLES, 


ANNO MDCXXIV. 


Your highness hath an imperial name. It was a 
Charles that brought the empire first into France; a 
Charles that brought it first into Spain ; why should 
not Great Britain have its turn? But to lay aside 
all that may seem to have a shew of fumes and 
fancies, and to speak solids: a war with Spain, if 
the king shall enter into it, is a mighty work; it re- 
quireth strong materials, and active motions. He 
that saith not so, is zealous, but not according to 
knowledge. But nevertheless Spain is no such giant: 
and he that thinketh Spain to be some great over- 
match for this estate, assisted as it is, and may be, is 
no good mintman ; but takes greatness of kingdoms 
according to their bulk and currency, and not after 
their intrinsic value. Although therefore I had 
wholly sequestered my thoughts from civil affairs, 
yet because it is a new case, and concerneth my 
country infinitely, I obtained of myself to set down, 
out of long continued experience in business of 
estate, and much conversation in books of policy 


238 OF A WAR WITH SPAIN. 


and history, what I thought pertinent to this busi- 
ness ; and in all humbleness present it to your high- 
ness: hoping that at least you will discern the 
strength of my affection through the weakness of my 
abilities : for the Spaniard hath a good proverb, “ De 
“ suario si empre con la calentura;” there is no heat 
of affection, but is joined with some idleness of brain. 

To a war are required, a just quarrel ; sufficient 
forces and provisions; and a prudent choice of the 
designs. So then, I will first justify the quarrel ; 
secondly, balance the forces; and lastly, propound 
variety of designs for choice, but not advise the 
choice ; for that were not fit for a writing of this 
nature ; neither is it a subject within the level of my 
judgment ; I being, in effect, a stranger to the present 
occurrences. 

Wars, I speak not of ambitious predatory wars, 
are suits of appeal to the tribunal of God’s justice, 
where there are no superiors on earth to determine 
the cause: and they are, as civil pleas are, plaints, 
or defences. There are therefore three just grounds 
of war with Spain: one plaint, two upon defence. 
Solomon saith, “ A-cord of three is not easily broken :” 
but especially when every of the lines would hold 
single by itself. They are these: the recovery of 
the Palatinate; a just fear of the subversion of our 
civil estate; a just fear of the subversion of our 
Church and religion. For in the handling of the 
two last grounds of war, I shall make it plain, that 
wars preventive upon just fears are true defensives, 
as well as upon actual invasions: and again, that 


OF A WAR WITH SPAIN. 239 


wars defensive for religion, I speak not of rebellion, 
are most just ; though offensive wars for religion are 
seldom to be approved, or never, unless they have 


* some mixture of civil titles. But all that I shall say 


in this whole argument, will be but like bottoms of 
thread close wound up, which with a good needle, 
perhaps, may be flourished into large works. 

For the asserting of the justice of the quarrel, 
for the recovery of the Palatinate, I shall not go so 
high as to discuss the right of the war of Bohemia ; 
which if it be freed from doubt on our part, then 
there is no colour nor shadow why the Palatinate 
should be retained; the ravishing whereof was a 
mere excursion of the first wrong, and a super- 
injustice. But I do not take myself to be so 
perfect in the customs, transactions, and privileges 
of that kingdom of Bohemia, as to be fit to handle 
that part: and I will not offer at that I cannot 
master. Yet this I will say, in passage, positively 
and resolutely; that it is impossible an elective 
monarchy should be so free and absolute as an here- 
ditary ; no more than it is possible for a father to 
have so full power and interest in an adoptive son as 
in a natural; “ quia naturalis obligatio fortior civili.” 
And again, that received maxim is almost unshaken 
and infallible; “ Nil magis nature consentaneum 
“ est, quam ut lisdem modis res dissolvantur, quibus 


“ constituuntur.” So that if the part of the people 


or estate be somewhat in the election, you cannot 
make them nulls or ciphers in the privation or 
translation. And if it be said, that this is a dan- 


240 OF A WAR WITH SPAIN. 


gerous opinion, for the pope, emperor, and elective 
kings; it is true, it is a dangerous opinion, and 
ought to be a dangerous opinion, to such personal 
popes, emperors, or elective kings, as shall transcend 
their limits, and become tyrannical. But it is a 
safe and sound opinion for their sees, empires, and 
kingdoms; and for themselves also, if they be wise ; 
*‘ plenitudo potestatis est plenitudo tempestatis.” 
But the chief cause why I do not search into this 
point is, because I need it not. And in handling 
the right of a war, I am not willing to intermix 
matter doubtful with that which is out of doubt. 
Foras in capital causes, wherein but one man’s life is in 
question, “in. favorem vite” the evidence ought to 
be clear; so much more in a judgment upon a war, 
which is capital to thousands. I suppose therefore 
the worst, that the offensive war upon Bohemia had 
been unjust; and then make the case, which is no 
sooner made than resolved; if it be made not en- 
wrapped, but plainly and perspicuously. It is this 
“in thesi.” An offensive war is made, which is 
unjust in the aggressor; the prosecution and race 
of the war carrieth the defendant to assail and invade 
the ancient and indubitate patrimony of the first 
aggressor, who is now turned defendant; shall he 
sit down, and not put himself in defence? Or if he 
be dispossessed, shall he not make a war for the 
recovery ? No man is so poor of judgment as will 
affirm it. The castle of Cadmus was taken, and 
the city of Thebes itself invested by Phoebidas the 
Lacedemonian, insidiously, and in violation of league: 


OF A WAR WITH SPAIN. 241 


the process of this action drew on a re-surprise of 
the castle by the Thebans, a recovery of the town, 
and a current of the war even unto the walls of 
Sparta. I demand, was the defence of the city of 
Sparta, and the expulsion of the Thebans out of 
the Laconian territories, unjust? The sharing of 
that part of the duchy of Milan, which lieth upon 
the river of Adda, by the Venetians, upon contract 
with the French, was an ambitious and unjust 
purchase. This wheel set on going, did pour a way 
upon the Venetians with such a tempest, as Padua 
and Trevigi were taken from them, and all their 
dominions upon the continent of Italy abandoned, 
and they confined within the salt waters. Will any 
man say, that the memorable recovery and defence 
of Padua, when the gentlemen of Venice, unused to 
the wars, out of the love of their country, became 
brave and martial the first day, and so likewise the 
re-adeption of Trevigi, and the rest of their domi- 
nions, was matter of scruple, whether just or no, 
because it had source from a quarrel ill begun? 
The war of the duke of Urbin, nephew to pope 
Julius the second, when he made himself head of 
the Spanish mutineers, was as unjust as unjust 
might be; a support of desperate rebels; an in- 
vasion of St. Peter’s patrimony, and what you will. 
The race of this war fell upon the loss of Urbin 
itself, which was the duke’s undoubted right ; yet, 
in this case, no penitentiary, though he had enjoined 
_ him never so strait penance to expiate his first 
offence, would have counselled him to have given 
VOL. V. R 


242 OF A WAR WITH SPAIN. 


over the pursuit of his right for Urbin; which, 
after, he prosperously re-obtained, and hath trans- 
mitted to his family yet until this day. Nothing 
more unjust than the invasion of the Spanish Armada 
in 88 upon our seas: for our land was holy land to 
them, they might not touch it; shall I say there- 
fore, that the defence of Lisbon, or Cales, afterwards, 
was unjust ? There be thousands of examples ; “utor 
“in re non dubia exemplis non necessariis:” the 
reason is plain; wars are “‘ vindicte,” revenges, 
reparations. But revenges are not infinite, but ac- 
cording to the measure of the first wrong or damage. 
And therefore when a voluntary offensive war, by 
the design or fortune of the war, is turned to a 
necessary defensive war, the scene of the tragedy 
is changed, and it is a new act to begin. For the 
particular actions of war, though they are complicate 
in fact, yet they are seperate and distinct in right: 
like to cross suits in civil pleas, which are sometimes 
both just. But this is so clear, as needeth no farther 
to be insisted upon. And yet if in things so clear, 
it were fit to speak of more or less clear in our 
present cause, it is the more clear on our part, be- 
cause the possession of Bohemia is settled with the 
emperor. For though it be true, that “non datur 
“compensatio injuriarum;” yet were there some- 
what more colour to detain the Palatinate, as in the 
nature of a recovery, in value or compensation, 
if Bohemia had been lost, or were still the stage 
of war. Of this therefore I speak no more. As for 
the title of proscription or forfeiture, wherein the 


OF A WAR WITH SPAIN. 243 


emperor, upon the matter, hath been judge and 
party, and hath justiced himself, God forbid but 
that it should well endure an appeal to a war. For 
certainly the court of heaven is as well a chancery 
to save and debar forfeitures, as a court of common 
law to decide rights; and there would be work 
enough in Germany, Italy, and other parts, if im- 
perial forfeitures should go for good titles, 

Thus much for the first ground of war with 
Spain, being in the nature of a plaint for the 
recovery of the Palatinate : omitting here that which 
might be the seed of a larger discourse, and is 
verified by a number of examples; that whatsoever 
is gained by an abusive treaty, ought to be restored 
in integrum:” as we see the daily experience of 
this in civil pleas; for the images of great things 
are best seen contracted into small glasses: we see, 
I say, that all pretorian courts, if any of the parties 
be entertained or laid asleep, under pretence of 
arbitrement or accord, and that the other party, 
during that time, doth cautelously get the start and 
advantage at common law, though it be to judgment 
and execution; yet the pretorian court will set 
back all things ‘in statu quo prius,” no respect 
had to such eviction or dispossession. Lastly, let 
there be no mistaking; as if when I speak of a war 
for the recovery of the Palatinate, I meant, that 
it must be “ in linea recta,” upon that place: for 
look into “ jus feciale,” and all examples, and it 
will be found to be without scruple, that after 
a legation “ad res repetendas,” and a refusal, and 


344 OF A WAR WITH SPAIN. 


a denunciation or indiction of a war, the war is no 
more confined to the place of the quarrel, but is 
left at large and to choice, as to the particular 
conducing designs, as opportunities and advantages 
shall invite. 

To proceed therefore to the second ground of a 
war with Spain, we have set it down to be, a just 
fear of the subversion of our civil estate. So then, 
the war is not for the Palatinate only, but for 
England, Scotland, Ireland, our king, our prince, 
our nation, all that we have. Wherein two things 
are to be proved: The one, that a just fear, without 
an actual invasion or offence, is a sufficient ground of 
a war, and in the nature of a true defensive: the 
other, that we have towards Spain cause of just fear; 
I say, just fear: for as the civilians do well define, 
that the legal fear is “justus metus qui cadit in 
“‘ constantem virum” in private causes: so there is 
“ justus metus qui cadit in constantem senatum, in 
‘causa publica;” not out of umbrages, light jea- 
lousies, apprehensions afar off, but out of clear fore- 
sight of imminent danger. | 

Concerning the former proposition, it is good to 
hear what time saith. Thucydides, in his induce- 
ment to his story of the great war of Peloponnesus, 
sets down in plain terms, that the true cause of that 
war was the overgrowing greatness of the Athenians, 
and the fear that the Lacedemonians stood in there- 
by; and doth not doubt to call it, a necessity im- 
‘posed upon the Lacedemonians of a war; which 
are the words of a mere defensive: adding, that 


OF A WAR WITH SPAIN. 245 


the other causes were but specious and popular. 
« Verissimam quidem, sed minime sermone celebra- 
“tam, arbitror extitisse belli causam, Athenienses, 
“ magnos effectos et Lacedemoniis formidolosos, 
“ necessitatem illis imposuisse bellandi: que autem 
“ propalam ferebantur utrinque cause, iste fuerant, 
“ &c.” “ The truest cause of this war, though least 
“ voiced, I conceive to have been this; that the 
‘«« Athenians, being grown great, to the terror of the 


« Lacedemonians, did impose upon them a necessity 


‘‘ ofa war: but the causes that went abroad in speech 
« were these, &c.” Sulpitius Galba, consul, when he 
persuaded the Romans to a preventive war, with the 
later Philip king of Macedon, in regard of the great 
preparations which Philip had then on foot, and his 
designs to ruin some of the confederates of the 
Romans, confidently saith, that they who took that 
for.an offensive war, understood not the state of the 
question. ‘“ Ignorare videmini mihi, Quirites, non, 
“utrum bellum an pacem habeatis, vos consuli, 
“ neque enim liberum id vobis permittet Philippus, 
“qui terra marique ingens bellum molitur, sed 
“utrum in Macedoniam legiones transportetis, an 
“ hostem in Italiam recipiatis.” “ Ye seem to me, 
“ye Romans, not to understand, that the consul- 
“ tation before you is not, whether you shall have 
“ war or peace, for Philip will take order you shall 
“ be no choosers, who prepareth a mighty war both 
“ by land and sea, but whether you shall transport 
“the war into Macedon, or receive it into Italy.” 
Antiochus, when he incited Prusias king of Bithynia, 


246 OF A WAR WITH SPAIN. 


at that time in league with the Romans, to join with 
him in war against them, setteth before him a just 
fear of the overspreading greatness of the Romans, 
comparing it to a fire that continually took, and 
spread from kingdom to kingdom: “ Venire Ro- 
** manos ad omnia regna tollenda, ut nullum usquam 
“ orbis terrarum nisi Romanum imperium esset ; 
“« Philippum et Nabin expugnatos, se tertium peti ; 
“ut quisque proximus ab oppresso sit, per omnes 
“ velut continens incendium pervasurum :” “ That 
“ the Romans came to pull down all kingdoms, and 
“ to make the state of Rome an universal monarchy ; 
“ that Philip and Nabis were already ruinated, and 
“ now was his turn to be assailed: so that as every 
“ state lay next to the other that was oppressed, so 
“the fire perpetually grazed.” Wherein it is well 
to be noted, that towards ambitious states, which 
are noted to aspire to great monarchies, and to 
seek upon all occasions to enlarge their dominions, 
“ crescunt argumenta justi metus ;” all particular 
fears do grow and multiply out of the contemplation 
of the general courses and practice of such states. 
Therefore in deliberations of war against the Turk, 
it hath been often, with great judgment, maintained, 
that Christian princes and states have always a suffi- 
cient ground of invasive war against the enemy; not 
for cause of religion, but upon a just fear ; forasmuch 
as it is a fundamental law in the Turkish empire, 
that they may, without any other provocation, make 
war upon Christendom for the propagation of their 
law; so that there lieth upon the Christians a per- 


OF A WAR WITH SPAIN. 247 


petual fear of a war, hanging over their heads, from 
them; and therefore they may at al] times, as they 
think good, be upon the prevention. Demosthenes 
exposeth to scorn wars which are not preventive, 
comparing those that make them to country fellows 
in a fencing-school, that never ward till the blow be 
past: “ Ut barbami pugiles dimicare solent, ita vos 
“bellum geritis cum Philippo: ex his enim is, qui 
“ictus est, ictui semper inheret : quod si eum alibi 
“© verberes, illo manus transfert; ictum autem de- 
“pellere, aut prospicere, neque scit neque vult.” 
** As country fellows use to do when they play at 
“ wasters, such a kind of war do you, Athenians, 
“ make with Philip; for with them he that gets a 
“blow straight falleth to ward when the blow is 
“ passed; and if you strike him in another place, 
“ thither goes his hand likewise: but to put by, or 
“ foresee a blow, they neither have the skill, nor the 
“© will.” 

Clinias the Candian, in Plato, speaks desperately 
and wildly, as if there were no such thing as peace 
between nations; but that every nation expects but 
his advantage to war upon another. But yet in that 
excess of speech there is thus much that may have a 
civil construction ; namely, that every state ought to 
stand upon its guard, and rather prevent than be 
prevented. Hus words are “ Quam rem fere vocant 
** pacem, nudum et inane nomen est; revera autem 
‘* omnibus, adversus omnes civitates, bellum sempi- 
**ternum perdurat.” “ That which men for the 
“ most part call peace, is but a naked and empty 


248 OF A WAR WITH SPAIN. 


“ name; but the truth is, that there is ever between 
“ all estates a secret war.” I know well this speech 
is the objection and not the decision, and that it is 
after refuted ; but yet, as I said before, it bears thus 
much of truth, that if that general malignity, and 
predisposition to war, which he untruly figureth to 
be in all nations, be produced and extended to a just 
fear of being oppressed, then it is no more a true 
peace, but a name of a peace. 

As for the opinion of Iphicrates the Athenian, it 
demands not so much towards a war as a just fear, 
but rather cometh near the opinion of Clinias ; as if 
there were ever amongst nations a brooding of a war, 
and that there is no sure league but impuissance to 
do hurt. For he, in the treaty of peace with the 
Lacedemonians, speaketh plain language; telling 
them, there could be no true and secure peace, 
except the Lacedemonians yielded to those things, 
which being granted, it would be no longer in their 
power to hurt the Athenians, though they would: 
and to say truth, if one mark it well, this was in all 
memory the main piece of wisdom, in strong and 
prudent counsels, to be in perpetual watch, that the 
states about them should neither by approach, nor 
by increase of dominion, nor by ruining confederates, 
nor by blocking of trade, nor by any the like means, 
have it in their power to hurt or annoy the states 
they serve ; and whensoever any such cause did but 
appear, straightways to buy it out with a war, and 
never take up peace at credit and upon interest. _ It 
is so memorable, as it is yet as fresh as if it were done 


OF A WAR WITH SPAIN. 249 


yesterday, how that triumvirate of kings, Henry the 
eighth of England, Francis the first of France, and 
Charles the fifth emperor and king of Spain, were in 
their times so provident, as scarce a palm of ground 
could be gotten by either of the three, but that the 
other two would be sure to do their best, to set the 
balance of Europe upright again. And the like 
diligence was used in the age before by that league, 
wherewith Guicciardine beginneth his story, and 
maketh it, as it were, the calendar of the good days 
of Italy, which was contracted between Ferdinando 
king of Naples, Lorenzo of Medici potentate of 
Florence, and Lodovico Sforza duke of Milan, de- 
signed chiefly against the growing power of the 
Venetians; but yet so, as the confederates had a 
perpetual eye one upon another, that none of them 
should overtop. ‘To conclude therefore ; howsoever 
some schoolmen, otherwise reverend men, yet fitter 
to guide penknives than swords, seem precisely to 
stand upon it, that every offensive war must be 
“ ultio,” a revenge, that presupposeth a precedent 
assault or injury ; yet neither do they descend to this 
point, which we now handle, of a just fear; neither 
are they of authority to judge this question against 
all the precedents of time. For certainly, as long as 
men are men, the sons, as the poets allude, of Pro- 
metheus, and not of Epimetheus, and as long as 
reason is reason, a just fear will be a just cause of a 
preventive war; but especially if it be part of the 
case, that there be a nation that is manifestly de- 
tected to aspire to monarchy and new acquests; then 


250 OF A WAR WITH SPAIN. 


other states, assuredly, cannot be justly accused for 
not staying for the first blow ; or for not accepting 
Polyphemus’s courtesy, to be the last that shall be 
eaten up. 

Nay, I observe farther, that in that passage of 
Plato which I cited before, and even in the tenet of 
that person that beareth the resolving part, and not 
the objecting part, a just fear is justified for a cause 
of an invasive war, though the same fear proceed not 
from the fault of the foreign state to be assailed : 
for it is there insinuated, that if a state, out of the 
distemper of their own body, do fear sedition and 
intestine troubles to break out amongst themselves, 
they may discharge their own ill humours upon a 
foreign war for a cure. And this kind of cure was 
tendered by Jasper Coligni, admiral of France, to 
Charles the ninth the French king, when by a vive 
and forcible persuasion he moved him to a war upon 
Flanders, for the better extinguishment of the civil 
wars of France; but neither was that counsel pros- 
perous; neither will I maintain that position: for I 
will never set politics against ethics ; especially for 
that true ethics are but as a handmaid to divinity 
and religion. Surely St. Thomas, who had the 
largest heart of the school divines, bendeth chiefly his 
style against the depraved passions which reign in 
making wars, speaking out of St. Augustine: “ No- 
“ cendi cupiditas, ulciscendi crudelitas, implacatus 
“et implacabilis animus, feritas rebellandi, libido 
« dominandi, et si que sunt similia, hac sunt que in 
“ bellis jure culpantur.” And the same St. Thomas 


OF A WAR WITH SPAIN. 951 


in his own text, defining of the just causes of a war, 
doth leave it upon very general terms: ‘ Requiritur 
“ad bellum causa justa, ut scilicet illi, qui impug- 
“nantur, propter aliquam culpam impugnationem 
“ mereantur :” for ‘ impugnatio culpe” is a far more 
general word, than “ ultio injurie.” And thus much 
for the first proposition, of the second ground of a 
war with Spain: namely, that a just fear is a just 
cause of a war; and that a preventive war is a true 
defensive. 

The second or minor proposition was this; that 
this kingdom hath cause of just fear of overthrow 
from Spain. Wherein it is true, that fears are ever 
seen in dimmer lights than facts. And on the other 
side, fears use, many times, to be represented in such 
an imaginary fashion, as they rather dazzle men’s 
eyes than open them: and therefore I will speak in 
that manner which the subject requires; that is, 
probably, and moderately, and briefly. Neither will 
I deduce these fears to present occurrences; but 
point only at general grounds, leaving the rest to 
more secret counsels. 

Is it nothing, that the crown of Spain hath en- 
larged the bounds thereof within this last sixscore 
years, much more than the Ottoman’s? I speak not 
of matches or unions, but of arms, occupations, in- 
vasions. Granada, Naples, Milan, Portugal, the East 
and West Indies; all these are actual additions to 
that crown. They had a mind to French Britain, 
the lower part of Picardy, and Piedmont; but they 
have let fall their bit. They have, to this day, such 


252 OF A WAR WITH SPAIN. 


a hovering possession of the Valtoline, as an hobby 
hath over a lark: and the Palatinate is in their 
talons: so that nothing is more manifest, than that 
this nation of Spain runs a race still of empire, 
when all other states of Christendom stand in effect 
at a stay. Look then a little farther into the titles 
whereby they have acquired, and do now hold these 
new portions of their crown ; and you will find them 
of so many varieties, and such natures, to speak with 
due respect, as may appear to be easily minted, and 
such as can hardly at any time be wanting. And 
therefore, so many new conquests and purchases, so 
many. strokes of the alarm bell of fear and awaking 
to other nations ; and the facility of the titles, which 
hand-over-head have served their turn, doth ring the 
peal so much the sharper and louder. 

Shall we descend from their general disposition 
to enlarge their dominions, to their particular dispo- 
sition and eye of appetite which they have had 
towards us: they have now twice sought to im- 
patronise themselves of this kingdom of England ; 
once by marriage with queen Mary ; and the second 
time by conquest in 88, when their forces by sea and 
land were not inferior to those they have now. 
And at that time in 88, the counsel and design of 
Spain was by many advertisements revealed and 
laid open to be, that they found the war upon the 
Low Countries so churlish and longsome, as they 
grew then to a resolution, that as long as England 
stood in a state to succour those countries, they 
should but consume themselves in an endless war: 


OF A WAR WITH SPAIN. 253 


and therefore there was no other way but to assail 
and depress England, which was as a back of steel 
to the Flemings. And who can warrant, I pray, 
that the same counsel and design will not return 
again ? So as we are in a strange dilemma of danger: 
for if we suffer the Flemings to be ruined, they are 
our outwork, and we shall remain naked and dis- 
mantled: if we succour them strongly, as is fit, and 
set them upon their feet, and do not withal weaken 
Spain, we hazard to change the scene of the war, 
and to turn it upon Ireland or England: like unto 
rheums and defluxions, which if you apply a strong 
repercussive to the place affected, and do not take 
away the cause of the disease, will shift and fall 
straightways to another joint or place. They have 
also twice invaded Ireland; once under the pope’s 
banner, when they were defeated by the lord Gray : 
and after in their own name, when they were de- 
feated by the Lord Mountjoy. So as let this suffice 
for a taste of their disposition towards us. But it 
will be said, this is an almanack for the old year ; 
since 88 all hath been well; Spain hath not assailed 
this kingdom, howsoever by two several invasions 
from us mightily provoked. It is true: but then 
consider, that immediately after 88, they were im- 
broiled for a great time in the protection of the 
league of France, whereby they had their hands 
full; after being brought extreme low by their vast 
and continual imbracements, they were enforced to 
be quiet that they might take breath, and do repara- 
tions upon their former wastes. But now of late, 


254 OF A WAR WITH SPAIN. 


things seem to come apace to their former estate ; 
nay, with far greater disadvantage to us; for now 
that they have almost continued, and, as it were, 
arched their dominions from Milan, by the Valtoline, 
and Palatinate, to the Low Countries, we see how 
they thirst and pant after the utter ruin of those 
states ; having in contempt almost the German nation, 
and doubting little opposition except it come from 
England: whereby either we must suffer the Dutch 
to be ruined, to our own manifest prejudice; or put 
it upon the hazard I spake of before, that Spain will 
cast at the fairest. Neither is the point of internal 
danger, which groweth upon us, to be forgotten; 
this, that the party of the papists in England are 
become more knotted, both in dependence towards 
Spain and amongst themselves, than they have been. 
Wherein again comes to be remembered the case of 
88: for then also it appeared by divers secret letters, 
that the design of Spain was, for some years, before 
the invasion attempted, to prepare a party in this 
kingdom to adhere to the foreigner at his coming. 
And they bragged, that they doubted not to abuse 
and lay asleep the queen and council of England, as 
to have any fear of the party of papists here; for 
that they knew, they said, the state would but cast 
the eye and look about to see whether there were 
any eminent head of that party, under whom it 
might unite itself; and finding none worth the 
thinking on, the state would rest secure and take no 
apprehension: whereas they meant, they said, to 
take a course to deal with the people, and par- 


OF A WAR WITH SPAIN. 255 


ticulars, by reconcilements, and confessions, and secret 
promises, and cared not for any head of party. And 
this was the true reason, why after that the semina- 
ries began to blossom, and to make missions into 
England, which was about the three and twentieth 
year of queen Elizabeth, at what time also was the 
first suspicion of the Spanish invasion, then, and not 
before, grew the sharp and severe laws to be made 
against the papists. And therefore the papists may 
do well to change their thanks; and whereas they 
thank Spain for their favours, to thank them for 
their perils and miseries if they should fall upon them: 
for that nothing ever made their case so ill as the 
doubt of the greatness of Spain, which adding reason 
of state to matter of conscience and religion, did 
whet the laws against them. And this case also 
seemeth, in some sort, to return again at this time; 
except the clemency of his majesty, and the state, do 
superabound; as, for my part, I do wish it should ; 
and that the proceedings towards them may rather 
tend to security, and providence, and point of state, 
than to persecution for religion. But to conclude ; 
these things, briefly touched, may serve as in a 
subject conjectural and future, for to represent how 
just cause of fear this kingdom may have towards 
Spain: omitting, as I said before, all present and 
more secret occurrences. 

The third ground of a war with Spain, I have set 
down to be, a just fear of the subversion of our 
Church and religion: which needeth little speech. 
For if this war be a defensive, as I have proved it to 


256 OF A WAR WITH SPAIN. 


be, no man will doubt, that a defensive war against 
a foreigner for religion is lawful. Of an offensive 
war there is more dispute. And yet in that instance 
of the war for the Holy Land and sepulchre, I do 
wonder sometimes, that the schoolmen want words 
to defend that, which S. Bernard wanted words to 
commend. But I, that in this little extract of a 
treatise do omit things necessary, am not to handle 
things unnecessary. No man, I say, will doubt, but 
if the pope, or king of Spain, would demand of us 
to forsake our religion upon pain of a war, it were 
as unjust a demand, as the Persians made to the 
Grecians of land and water; or the Ammonites to 
the Israelites of their right eyes. And we see all 
the heathen did style their defensive wars, “ pro aris 
“et focis ;” placing their altars before their hearths. 
So that it is in vain of this to speak farther. Only this 
is true; that the fear of the subversion of our religion 
from Spain is the more just, for that all other catholic 
princes and states content and contain themselves 
to maintain their religion within their own dominions, 
and meddle not with the subjects of other states ; 
whereas the practice of Spain hath been, both in 
Charles the fifth’s time, and in the time of the 
league in France, by war ; and now with us, by con- 
ditions of treaty, to intermeddle with foreign states, 
and to declare themselves protectors general of the 
party of catholics, through the world. As if the 
crown of Spain had a little of this, that they would 
plant the pope’s laws by arms, as the Ottomans do 
the law of Mahomet. Thus much concerning the 


OF A WAR WITH SPAIN. OS7. 


first main point of justifying the quarrel, if the king 
shall enter into a war; for this that I have said, and 
all that followeth to be said, is but to shew what he 
may do. 

The second main part of that I have propounded 
to speak of, is the balance of forces between Spain 
and us. And this also tendeth to no more, but what 
the king may do. For what he may do is of two 
- kinds: what he may do as just; and what he may 
do as possible. Of the one I have already spoken: 
of the other I am now to speak. I said, Spain was 
nosuch giant ; and yet if he were a giant, it will be 
but as it was between David and Goliath, for “ God 
‘is on our side.” But to leave all arguments that 
are supernatural, and to speak in an human and 
politic sense, I am led to think that Spain is no over- 
match for England, by that which leadeth all men; 
that is, experience and reason. And with experience 
I will begin, for there all reason beginneth. 

Ts it fortune, shall we think, that, in all actions 
of war or arms, great and small, which have happened 
these many years, ever since Spain and England 
have had any thing to debate one with the other, 
the English upon all encounters have perpetually 
come off with honour, and the better? It is not 
fortune sure; she is not so constant. There is 
somewhat in the nation and natural courage of the 
people, or some such thing. I will make a brief list 
of the particulars themselves in an historical truth, 
no ways strouted, nor made greater by language. 
This were a fit speech, you will say, for a general, 

VOL. V. s 


258 OF A WAR WITH SPAIN. 


in the head of an army, when they were going to 
battle: yes; and it is no less fit speech to be spoken 
in the head of a council, upon a deliberation of 
entrance into a war. Neither speak I this to dis- 
parage the Spanish nation, whom I take to be of 
the best soldiers in Europe; but that sorteth to our 
honour, if we still have had the better hand. 

In the year 1578, was that famous lammas day, 
which buried the reputation of Don John of Austria, 
himself not surviving long after. Don John being 
superior in forces, assisted by the prince of Parma, 
Mondragon, Mansell, and other the best commanders 
of Spain, confident of victory, charged the army of 
the States near Rimenant, bravely and furiously at 
the first ; but after a fight maintained by the space 
of a whole day, was repulsed, and forced to a retreat, 
with great slaughter of his men; and the course of 
his farther enterprises was wholly arrested ; and this 
chiefly by the prowess and virtue of the English and 
Scotish troops, under the conduct of Sir John Norris 
and Sir Robert Stuart, colonels : which troops came 
to the army but the day before, harassed with a 
long and wearisome march; and, as it is left for 
a memorable circumstance in all stories, the soldiers 
being more sensible of a little heat of the sun, than 
of any cold fear of death, cast away their armour 
and garments from them, and fought in their shirts: 


and, as it was generally conceived, had it not been © 


that the count of Bossu was slack in charging the 
Spaniards upon their retreat, this fight had sorted 
to an absolute defeat. . But it was enough to chas- 


OF A WAR WITH SPAIN. 259 


tise Don John for his insidious treaty of peace, 
wherewith ye had abused the States at his first 
coming. And the fortune of the day, besides the 
testimony of all stories, may be the better ascribed 
to the service of the English and Scotish, by com- 
parison of this charge near Rimenant, where the 
English and Scotish in great numbers came in 
action, with the like charge given by Don John half 
a year before at Glemblours, where the success was 
contrary: there being at that time in the army but 
a handful of English and Scotish, and they put in 
disarray by the horsemen of their own fellows. 

The first dart of war which was thrown from 
Spain or Rome upon the realm of Ireland, was 
in the year 1580; for the design of Stukely blew 
over into Afric; and the attempt of Saunders and 
Fitz-Maurice had a spice of madness. In that year 
Ireland was invaded by Spanish and Italian forces, 
under the pope’s banner, and the conduct of San 
Josepho, to the number of seven hundred or better, 
which landed at Smerwick in Kerry. A poor number 
it was to conquer Ireland to the pope’s use; for 
their design was no less: but withal they brought 
arms for five thousand men above their own company, 
intending to arm so many of the rebels of Ireland. 
And their purpose was, to fortify in some strong 
place of the wild and desolate country, and there to 
nestle till greater succours came; they being hastened 
unto this enterprise upon a special reason of state, 
not proper to the enterprise itself; which was by 
the invasion of Ireland, and the noise thereof, to 


260 OF A WAR WITH SPAIN. 


trouble the council of England, and to make a 
diversion of certain aids, that then were preparing 
from hence for the Low Countries. They chose 
a place where they erected a fort, which they called 
the Fort del Or; and from thence they bolted 
like beasts of the forest, sometimes into the woods 
and fastresses, and sometimes back again to their 
den. Soon after siege was laid to the fort by the 
lord Gray, then deputy, with a smaller number 
than those were within the fort ; venturously indeed ; 
but haste was made to attack them before the 
rebels came in to them. After the siege of four days 
only, and two or three sallies, with loss on their 
part, they that should have made good the fort 
for some months, till new succours came from 
Spain, or at least from the rebels of Ireland, yielded 
up themselves without conditions at the end of those 
four days. And for that they were not in the 
English army enough to keep every man a prisoner, 
and for that also the deputy expected instantly to be 
assailed by the rebels; and again, there were no 
barks to throw them into, and send them away by 
sea; they were all put to the sword; with which 
queen Elizabeth was afterwards much displeased. 

In the year 1582, was that memorable retreat 
of Gaunt; than the which there hath not been 
an exploit of war more celebrated. For in the true 
judgment of men of war, honourable retreats are no 
ways inferior to brave charges; as having less of 
fortune, more of discipline, and as much of valour. 
There were to the number of three hundred horse, 


OF A WAR WITH SPAIN. 26] 


and as many thousand foot English, commanded by 
Sir John Norris, charged by the prince of Parma, 
coming upon them with seven thousand horse ; 
besides that the whole army of Spaniards was ready 
to march on. Nevertheless Sir John Norris main- 
tained a retreat without disarray, by the space 
of some miles, part of the way champaign, unto the 
city of Gaunt, with less loss of men than the enemy: 
the duke of Anjou, and the prince of Orange, 
beholding this noble action from the walls of Gaunt, 
as in a theatre, with great admiration. 

In the year 1585, followed the prosperous ex- 
pedition of Drake and Carlile into the West Indies, 
in the which I set aside the taking of St. Jago and 
St. Domingo in Hispaniola, as surprises rather than 
encounters. But that of Carthagena, where the 
Spaniards had warning of our coming, and had put . 
themselves in their full strength, was one of the 
hottest services, and most dangerous assaults that 
hath been known. For the access to the town was 
only by a neck of land, between the sea on the one 
part, and the harbour water or inner sea on the 
other; fortified clean over with a strong rampier 
and barricado; so as upon the ascent of our men, 
they had both great ordnance and small shot, that 
thundred and showered upon them from the rampier 
in front, and from the galleys that lay at sea in 
flank. And yet they forced the passage, and won 
the town, being likewise very well manned. As for 
the expedition of Sir Francis Drake, in the year 1587, 
for the destroying of the Spanish shipping and pro- 


262 OF A WAR WITH SPAIN. 


vision upon their own coast; as I cannot say that 
there intervened in that enterprise any sharp fight 
or encounter ; so, nevertheless, it did strangely dis- 
cover, either that Spain is very weak at home, or 
very slow to move; when they suffered a small fleet 
of English to make an hostile invasion or incursion 
upon their havens and roads, from Cadiz to Capa 
Sacra, and thence to Cascais; and to fire, sink, and 
carry away at the least, ten thousand ton of their 
great shipping, besides fifty or sixty of their smaller 
vessels; and that in the sight, and under the favour 
of their forts; and almost under the eye of their 
great admiral, the best commander of Spain by sea, 
the marquis de Santa Cruz, without ever being 
disputed with by any fight of importance. I re- 
member Drake, in the vaunting stile of a soldier, 
would call this enterprise, the singing of the and of 
Spain’s beard. 

The enterprise of eighty-eight, deserveth to be 
stood upon a little more fully, being a miracle of time. 
There armed from Spain, in the year 1588, the 
greatest navy that ever swam upon the sea: for 
though there have been far greater fleets for number, 
yet for the bulk and building of the ships, with the 
furniture of great ordnance and provisions, never the 
like. The design was to make not an invasion only, 
but an utter conquest of this kingdom. The number 
of vessels were one hundred and thirty, whereof 
galliasses and galleons seventy-two goodly ships, 
like floating towers or castles, manned with thirty 
thousand soldiers and mariners. This navy was the 


OF A WAR WITH SPAIN. 263 


preparation of five whole years, at the least: it bare 
itself also upon divine assistance; for it received 
special blessing from pope Sixtus, and was assigned 
as an apostolical mission for the reducement of this 
kingdom to the obedience of the see of Rome. And, 
in farther token of this holy warfare, there were 
amongst the rest of these ships, twelve, called by the 
names of the twelve apostles. But it was truly con- 
ceived, that this kingdom of England could never be 
overwhelmed, except the land waters came in to the 
sea tides. Therefore was there also in readiness in 
Flanders, a mighty strong army of land forces, to 
the number of fifty thousand veteran soldiers, under 
the conduct of the duke of Parma, the best com- 
mander, next the French king Henry the fourth, of 
his time. These were designed to join with the 
forces at sea; there being prepared a number of 
flat-bottomed boats to transport the land forces, 
under the wing and protection of the great navy. 
For they made no account, but that the navy should 
be absolute master of the seas. Against these forces, 
there were prepared on our part, to the number of 
near one hundred ships ; not so great of bulk indeed, 
but of a more nimble motion, and more serviceable : 
besides a less fleet of thirty ships, for the custody of 
the narrow seas. There were also in readiness at 
land two armies; besides other forces, to the number 
of ten thousand, dispersed amongst the coast towns 
in the southern parts. The two armies were ap- 
pointed; one of them consisting of twenty-five 
thousand horse and foot, for the repulsing of the 


264 OF A WAR WITH SPAIN. 


enemy at their landing; and the other of twenty- 
five thousand for safeguard and attendance about 
the court and the queen’s person. There were also 
other dormant musters of soldiers throughout all 
parts of the realm, that were put in readiness 
but not drawn together. The two armies were 
assigned to the leading of two generals, noble persons, 
but both of them rather courtiers, and assured to the 
state, than martial men; yet lined and assisted with 
subordinate commanders of great experience and 
valour. The fortune of the war made this enter- 
prise at first a play at base. ‘The Spanish navy set 
forth out of the Groyne in May, and was dispersed 
and driven back by weather. Our navy set forth 
somewhat later out of Plymouth, and bare up to- 
wards the coast of Spain to have fought with the 
Spanish navy; and partly by reason of contrary 
winds, partly upon advertisement that the Spaniards 
were gone back, and upon some doubt also that they 
might pass by towards the coast of England, whilst 
we were seeking them afar off, returned likewise 
into Plymouth about the middle of July. At that 
time came more confident advertisement, though 
false, not only to the lord Admiral, but to the court, 
that the Spaniards could not possibly come forward 
that year; whereupon our navy was upon the point 
of disbanding, and many of our men gone ashore : at 
which very time the Invincible Armada, for so it was 
called in a Spanish ostentation, throughout Europe, 
was discovered upon the western coast. It was a 
kind of surprise; for that, as was said, many of our 


ee 


1 


OF A WAR WITH SPAIN. 265 


men were gone to land, and our ships ready to depart. 
Nevertheless the admiral, with such ships only as 
could suddenly be put in readiness, made forth to- 
wards them; insomuch as of one hundred ships, 
there came scarce thirty to work. Howbeit, with 
them, and such as came daily in, we set upon them, 
and gave them the chase. But the Spaniards, for 
want of courage, which they called commission, de- 
clined the fight, casting themselves continually into 
roundels, their strongest ships walling in the rest, 
and in that manner they made a flying march to- 
wards Calais. Our men by the space of five or six 
days followed them close, fought with them continu- 
ally, made great slaughter of their men, took two of 
their great ships, and gave divers others of their 
ships their death’s wounds, whereof soon after they 
sank and perished; and, in a word, distressed them 
almost in the nature of a defeat; we ourselves in 
the mean time receiving little or no hurt. Near 
Calais the Spaniards anchored, expecting their land- 
forces, which came not. It was afterwards alleged, 
that the duke of Parma did artificially delay his 
coming; but this was but an invention and pre- 
tension given out by the Spaniards; partly upon a 
Spanish envy against that duke, being an Italian, 
and his son a competitor to Portugal; but chiefly to 
save the monstrous scorn and disreputation, which 
they and their nation received by the success of that 
enterprise. Therefore their colours and excuses, 
forsooth, were, that their general by sea had a limited 
commission, not to fight until the land forces were 


266 ‘OF A WAR WITH SPAIN. 


come in to them: and that the duke of Parma had 
particular reaches and ends of his own underhand, 
to cross the design. But it was both a strange com- 
mission, and a strange obedience to a commission; 
for men in the midst of their own blood, and being 
_ so furiously assailed, to hold their hands, contrary to 
the laws of nature and necessity. And as for the 
duke of Parma, he was reasonably well tempted to 
be true to that enterprise, by no less promise than 
to be made a feudatary, or beneficiary king of 
England, under the seignory, in chief, of the pope, 
and the protection of the king of Spain. Besides, it 
appeared that the duke of Parma held his place long 
after in the favour and trust of the king of Spain, by 
the great employments and services that he per- 
formed in France: and again, it is manifest, that 
the duke did his best to come down and to put to sea. 
The truth was, that the Spanish navy, upon those 
proofs of fight which they had with the English, 
finding how much hurt they received, and how little 
hurt they did, by reason of the activity and low 
building of our ships, and skill of our seamen ; and 
being also commanded by a general of small courage 
and experience, and having lost at the first two of 
their bravest commanders at sea, Pedro de Valdez, 
and Michael de Oquenda, durst not put it to a bat- 
tle at sea, but set up their rest wholly upon the 
land enterprise. On the other side, the transporting 
of the land forces failed in the very foundation: for 
whereas the council of Spain made full account, that 
their navy should be master of the sea, and therefore 


OF A WAR WITH SPAIN. 267 


able to guard and protect the vessels of transporta- 
tion; when it fell out to the contrary that the great 
navy was distressed, and had enough to do to save 
itself; and again, that the Hollanders impounded 
their land forces with a brave fleet of thirty sail, ex- 
cellently well appointed; things, I say, being in this 
state, it came to pass that the duke of Parma must 
have flown if he would have come into England, for 
he could get neither bark nor mariner to put to 
sea: yet certain it is, that the duke looked still for 
the coming back of the Armada, even at that time 
when they were wandering, and making their 
perambulation upon the northern seas. But to 
return to the Armada, which we left anchored at 
Calais: from thence, as Sir Walter Raleigh was 
wont prettily to say, they were suddenly driven 
away with squibs; for it was no more but a strata- 
gem of fire boats, manless, and sent upon them by 
the favour of the wind in the night time, that did 
- put them in such terror, as they cut their cables, and 
left their anchors in.the sea. After they hovered 
- some two or three days about Graveling, and there 
again were beaten ina great fight ; at what time our 
second fleet, which kept the narrow seas, was come 
in and joined to our main fleet. Thereupon the 
Spaniards entering into farther terror, and finding 
also divers of their ships every day to sink, lost all 
courage, and instead of coming up into the Thames’ 
mouth for London, as their design was, fled on 
towards the north to seek their fortunes; being still 
chased by the English navy at the heels, until we 


268 OF A WAR WITH SPAIN. 


were fain to give them over for want of powder. 
The breath of Scotland the Spaniards could not en- 
dure; neither durst they as invaders land in Ire- 
land ; but only ennobled some of the coasts thereof 
with shipwrecks. And so going northwards aloof, 
as long as they had any doubt of being pursued, 
at last, when they were out of reach, they turned, 
and crossed the ocean to Spain, having lost fourscore 
of their ships and the greater part of their men. 
And this was the end of that sea-giant, the Invinci- 
ble Armada: which, having not so much as fired 
a cottage of ours at land, nor taken a cock-boat 
of ours at sea, wandered through the wilderness 
of the northern seas; and, according to the curse in 
the Scripture, “ came out against us one way, and 
fled before us seven ways;” serving only to make 
good the judgment of an astrologer long before 
given, “ octogesimus octavus mirabilis annus :” or 
rather, to make good, even to the astonishment of 
all posterity, the wonderful judgments of God, poured 
down commonly upon vast and proud aspirings. 

In the year that followed, of 1589, we gave the 
Spaniards no breath, but turned challengers, and in- 
vaded the main of Spain. In which enterprise, 
although we failed in our end, which was to settle 
Don Antonio in the kingdom of Portugal, yet a man 
shall hardly meet with an action that doth better 
reveal the great secret of the power of Spain; which 
power well sought into, will be found rather to 
consist in a veteran army, such as upon several 
occasions and pretensions they have ever had on 


OF A WAR WITH SPAIN. 269 


foot, in one part or other of Christendom, now by 
the space of almost sixscore years, than in the 
strength of their dominions and provinces. For 
what can be more strange, or more to the disvalua- 
tion of the power of the Spaniard upon the con- 
tinent, than that with an army of eleven thousand 
English land soldiers, and a fleet of twenty-six ships 
of war, besides some weak vessels for transportation, 
we should, within the hour-glass of two months, 
have won one town of importance by scalado, bat- 
tered and assaulted another, overthrown great forces 
in the field, and that upon the disadvantage of a 
bridge strongly barricadoed, landed the army in 
three several places of his kingdom, marched seven 
days in the heart of his countries, lodged three 
nights in the suburbs of his principal city, beaten his 
forces into the gates thereof, possessed two of his 
frontier forts, and come off after all this with small 
loss of men, otherwise than by sickness? And it 
was verily thought, that had it not been for four 
great disfavours of that voyage, that is to say, the 
failing in sundry provisions that were promised, 
especially of cannons for battery; the vain hopes of 
Don Antonio, concerning the people of the country 
to come in to his aid; the disappointment of the 
fleet that was directed to come up the river of Lisbon ; 
and lastly, the diseases which spread in the army by 
reason of the heat of the season, and of the soldiers’ 
misrule in diet, the enterprise had succeeded, and 
Lisbon had been carried. But howsoever it makes 
proof to the world, that an invasion of a few English 


270 OF A WAR WITH SPAIN. 


upon Spain may have just hope of victory, at least 
of passport to depart safely. 

In the year 1591 was that memorable fight of 
an English ship called the Revenge, under the 


command of Sir Richard Greenvil; memorable, I | 


say, even beyond credit, and to the height of some 
heroical fable: and though it were a defeat, yet it 
exceeded a victory; being like the act of Sampson, 
that killed more men at his death, than he had done 
in the time of all his life. This ship, for the space 
of fifteen hours, sat like a stag among hounds at 
the bay, and was sieged, and fought with, in turn, 
by fifteen great ships of Spain, part of a navy of 
fifty-five ships in all; the rest like abetters looking 
on afar off. And amongst the fifteen ships that 
fought, the great S. Philippo was one; a ship of 
fifteen hundred ton, prince of the twelve sea-apostles, 
which was right glad when she was shifted off from 
the Revenge. This brave ship the Revenge, being 
manned only with two hundred, soldiers and mariners, 
whereof eighty lay sick; yet nevertheless after a 
fight maintained, as was said, of fifteen hours, and 
two ships of the enemy sunk by her side, besides 
many more torn and battered, and great slaughter 
of men, never came to be entred, but was taken 
by composition ; the enemies themselves having in 
admiration the virtue of the commander, and the 
whole tragedy of that ship. 

In the year 1596 was the second invasion that 
we made upon the main territories of Spain; pros- 
perously achieved by that worthy and famous Robert 


OF A WAR WITH SPAIN. 271 


earl of Essex, in concert with the noble earl of 
Nottingham that now liveth, then admiral. This 
journey was like lightning; for in the space of 
fourteen hours the king of Spain’s navy was de- 
stroyed, and the town of Cadiz taken. The navy 
was no less than fifty tall ships, besides twenty 
galleys to attend them. The ships were strait- 
ways beaten, and put to flight with such terror, as 
the Spaniards in the end were their own executioners, 
and fired them all with their own hands. The 
galleys, by the benefit of the shores and shallows, 
got away. The town was a fair, strong, well built, 
and rich city; famous in antiquity, and now most 
spoken of for this disaster. It was manned with 
four thousand soldiers foot, and some four hundred 
horse; it was sacked and burned, though great 
clemency was used towards the inhabitants. But 
that which is no less strange than the sudden 
victory, is the great patience of the Spaniards; who 
though we stayed upon the place divers days, yet 
never offered us any play then, nor ever put us in 
suit by any action of revenge or reparation at any 
time after. 

In the year 1600 was the battle of Newport in 
the Low-Countries, where the armies of the arch- 
duke, and the States, tried it out by a just battle. 
This was the only battle that was fought in those 
countries these many years. For battles in the 
French wars have been frequent, but in the wars of 
Flanders rare, as the nature of a defensive requireth. 
The forces of both armies were not much unequal: 


272 OF A WAR WITH SPAIN. 


that of the States exceeded somewhat in number, 
but that again was recompensed in the quality of 
the soldiers ; for those of the Spanish part were of 
the flower of all their forces. The archduke was 
the assailant, and the preventer, and had the fruit of 
his diligence and celerity. For he had charged 
certain companies of Scotish men, to the number of 
eight hundred, sent to make good a passage, and 
thereby severed from the body of the army, and cut 
them all in pieces: for they, like a brave infantry, 
when they could make no honourable retreat, and 
would take no dishonourable flight, made good the 
place with their lives. This entrance of the battle 
did whet the courage of the Spaniards, though it 
dulled their swords: so as they came proudly on, 
confident to defeat the whole army. The encounter 
of the main battle which followed, was a just en- 
counter, not hastening to a sudden rout, nor the 
fortune of the day resting upon a few former ranks, 
but fought out to the proof by several squadrons, 
and not without variety of success; ‘‘ Stat pedi pes 
« densusque viro vir.” There fell out an error in 
the Dutch army, by the overhasty medly of some of 
their men with the enemies, which hindred the 
playing of their great ordnance. But the end was 
that the Spaniards were utterly defeated, and near 
five thousand of their men in the fight, and in the 
execution, slain and taken; amongst whom were 
many of the principal persons of their army. The 
honour of the day was, both by the enemy and the 
Dutch themselves, ascribed unto the English; of 


OF A WAR WITH SPAIN. 273 


whom sir Francis Vere, in a private commentary 
which he wrote of that service, leaveth testified, that 
of fifteen hundred in number, for they were no 
more, eight hundred were slain in the field: and, 
which is almost incredible in a day of victory, of the 
remaining seven hundred, two men only came off 
unhurt. Amongst the rest sir Francis Vere himself 
had the principal honour of the service, unto whom 
the prince of Orange, as is said, did transmit the 
direction of the army for that day ; and in the next 
place sir Horace Vere his brother, that now liveth, 
who was the principal in the active part. The 
service also of sir Edward Cecil, sir John Ogle, and 
divers other brave gentlemen, was eminent. 

In the year 1601 followed the battle of Kinsale 
in Ireland. By this Spanish invasion of Ireland, 
which was in September that year, a man may 
guess how long time a Spaniard will live in Irish 
ground ; which is a matter of a quarter of a year, or 
four months at most. For they had all the ad- 
vantages in the world; and no man would have 
thought, considering the small forces employed 
against them, that they could have been driven out 
so soon. They obtained, without resistance, in the 
end of September, the town of Kinsale; a small 
garrison of one hundred and fifty English leaving 
the town upon the Spaniards’ approach, and the 
townsmen receiving the foreigners as friends. The 
number of Spaniards that put themselves into Kin- 
sale, was two thousand men, soldiers of old bands, 
under the command of Don John d’Aquila, a man of 

VOL. V. i 


274 OF A WAR WITH SPAIN. 


good valour. The town was strong of itself ; neither 
wanted there any industry to fortify it on all parts, 
and make it tenable, according to the skill and 
discipline of Spanish fortification. At that time the 
rebels were proud, being encouraged upon former 
successes; for though the then deputy, the lord 
Mountjoy, and sir George Carew, president of 
Munster, had performed divers good services to their 
prejudice; yet the defeat they had given the Eng- 
lish at Blackwater, not long before, and their treaty, 
too much to their honour, with the earl of Essex, 
was yet fresh in their memory. ‘The deputy lost no 
time, but made haste to have recovered the town 
before new succours came, and sat down before it in 
October, and laid siege to it by the space of three 
winter months or more: during which time sallies 
were made by the Spaniard, but they were beaten in 
with loss. In January came fresh succours from 
Spain, to the number of two thousand more, under 
the conduct of Alonzo d’Ocampo. Upon the comforts 
of these succours, Tyrone and Odonnell drew up their 
forces together, to the number of seven thousand, 
besides the Spanish regiments, and took the field, 
resolved to rescue the town, and to give the English 
battle. So here was the case: an army of English, 
of some six thousand, wasted and tired with a long 
winter’s siege, engaged in the midst, between an 
army of a greater number than themselves, fresh 
and in vigour, on the one side; and a town strong 
in fortification, and strong in men, on the other. 
But what was the event? This in few words: that 


OF A WAR WITH SPAIN. 275 


after the Irish and Spanish forces had come on, and 
shewed themselves in some bravery, they were con- 
tent to give the English the honour as to charge 
them first; and when it came to the charge, there 
appeared no other difference between the valour 
of the Irish rebels and the Spaniards, but that the 
one ran away before they were charged, and the 
other straight after. And again, the Spaniards that 
were in the town had so good memories of their 
losses in their former sallies, as the confidence of an 
army, which came for their deliverance, could not 
draw them forth again. ‘To conclude: there suc- 
ceeded an absolute victory for the English, with the 
slaughter of above two thousand of the enemy; the 
taking of nine ensigns, whereof six Spanish; the 
taking of the Spanish general, d’Ocampo, prisoner ; 
and this with the loss of so few of the English as is 
scarce credible; being, as hath been rather con- 
fidently than credibly reported, but of one man, the 
cornet of sir Richard Greame; though not a few 
hurt. There followed immediately after the defeat 
a present yielding up of the town by composition; 
and not only so, but an avoiding, by express articles 
of treaty accorded, of all other Spanish forces 
throughout all Ireland, from the places and nests 
where they had settled themselves in greater strength, 
as in regard of the natural situation of the places, 
than that was of Kinsale ; which were Castlehaven, 
Baltimore, and Beerehaven. Indeed they went 
away with sound of trumpet, for they did nothing 
but publish and trumpet all the reproaches they could 


276 OF A WAR WITH SPAIN. 


devise, against the Irish land and nation; insomuch 
as d’Aquila said in open treaty, that when the devil 
upon the mount did shew Christ all the kingdoms of 
the earth, and the glory of them, he did not doubt but 
the devil left out Ireland, and kept it for himself. 

I cease here; omitting not a few other proofs of 
the English valour and fortunes, in these latter times: 
as at the suburbs of Paris, at the Raveline, at Druse 
in Normandy, some encounters in Britanny, and at 
Ostend, and divers others; partly because some of 
them have not been proper encounters between the 
Spaniards and the English; and partly because 
others of them have not been of that greatness, as 
to have sorted in company with the particulars for- 
merly recited. . It is true, that amongst all the late 
adventures, the voyage of sir Francis Drake, and sir 
John Hawkins into the West Indies, was unfor- 
tunate ; yet in such sort as it doth not break or 
interrupt our prescription, to have had the better of 
the Spaniards upon all fights of late. For the dis- 
aster of that journey was caused chiefly by sickness; 
as might well appear by the deaths of both the 
generals, sir Francis Drake, and sir John Hawkins, 
of the same sickness amongst the rest. The land 
enterprise of Panama was an ill measured and imma- 
ture counsel: for it was grounded upon a false 
account, that the passages towards Panama were no 
better fortified than Drake had left them. But yet 
it sorted not to any fight of importance, but to a 
retreat, after the English had proved the strength of 
their first fort, and had notice of the two other forts 


OF A WAR WITH SPAIN. 277 


beyond, by which they were to have marched. It 
is true, that in the return of the English fleet they 
were set upon by Avellaneda, admiral of twenty 
great ships Spanish, our fleet being but fourteen, 


full of sick men, deprived of their two generals by 


sea, and having no pretence but to journey home- 
wards: and yet the Spaniards did but salute them, 
about the Cape de los Corientes, with some small 
offer of fight, and came off with loss; although it 
was such a new thing for the Spaniards to receive so 
little hurt upon dealing with the English, as Avel- 
laneda made great brags of it, for no greater matter 
than the waiting upon the English afar off, from 
Cape de los Corientes to Cape Antonio; which, 
nevertheless, in the language of a soldier, and of a 
Spaniard, he called a chase. 

But before I proceed farther, it is good to meet 
with an objection, which if it be not removed, the 
conclusion of experience from the time past to the 
time present will not be sound and perfect. For it 
will be said, that in the former times, whereof we 
have spoken, Spain was not so mighty as now it is; 
and England, on the other side, was more afore- 
hand in all matters of power. Therefore let us 
compare with indifferency these disparities of times, 


and we shall plainly perceive, that they make for the 


advantage of England at this present time. And 
because we will less wander in generalities, we will 
fix the comparison to precise times ; comparing the 
state of Spain and England in the year eighty-eight, 
with this present year that now runneth. In handling 


278 OF A WAR WITH SPAIN. 


of this point, I will not meddle with any personal 
comparisons of the princes, counsellors, and com- 
manders by sea or land, that were then, and that are 
now, in both kingdoms, Spain and England; but 
only rest upon real points, for the true balancing of 
the state of the forces and affairs of both times. 
And yet these personal comparisons I omit not, but 
that I could evidently shew, that even in these per- 
sonal respects the balance sways on our part; but 
because I would say nothing that may savour of a 
spirit of flattery or censure of the present govern- 
ment. 

First, therefore it is certain, that Spain hath not 
now one foot of ground in quiet possession more 
than it had in eighty-eight. As for the Valtoline 
and the Palatinate, it is a maxim in state, that all 
countries of new acquest, till they be settled, are 
rather matters of burden than of strength. On the 
other side, England hath Scotland united, and Ireland 
reduced to obedience, and planted ; which are mighty 
augmentations. | 

Secondly, in eighty-eight, the kingdom of France, 
able alone to counterpoise Spain itself, much more 
in conjunction, was torn with the party of the league, 
which gave law to their king, and depended wholly 
upon Spain. Now France is united under a valiant 
young king, generally obeyed if he will, kimself 
king of Navarre as well as of France; and that is 
no ways taken prisoner, though he be tied in a 
double chain of alliance with Spain. 

Thirdly, in eighty-eight, there sat in the see of 


OF A WAR WITH SPAIN. 279 


Rome a fierce thundering frier, that would set all at 
six and seven; or at six and five, if you allude to his 
name: and though he would after have turned his 
teeth upon Spain, yet he was taken order with 
before it came to that. Now there is ascended to 
the papacy, a personage, that came in by a chaste 
election, no ways obliged to the party of the Spa- 
niards: a man bred in ambassages and affairs of 
state, that hath much of the prince, and nothing of 
the frier; and one, that though he loves the chair of 
the papacy well, yet he loveth the carpet above the 
chair; that is, Italy, and the liberties thereof well 
likewise. 

Fourthly, in eighty-eight, the king of Denmark 
was a stranger to England, and rather inclined to 
Spain ; now the king is incorporated to the blood 
of England, and engaged in the quarrel of the 
Palatinate. Then also Venice, Savoy, and the 
princes and cities of Germany, had but a dull fear of 
the greatness of Spain, upon a general apprehension 
only of the spreading and ambitious designs of that 
nation: now that fear is sharpened and pointed by 
the Spaniards’ late enterprises upon the Valtoline 
and the Palatinate, which come nearer them. 

Fifthly and lastly, the Dutch, which is the 
Spaniards’ perpetual duellist, hath now, at this pre- 
sent, five ships to one, and the like proportion in 
treasure and wealth, to that they had in eighty- 
eight. Neither is it possible, whatsoever is given 
out, that the coffers of Spain should now be fuller 
than they were in eighty-eight: for at that time 


280 OF A WAR WITH SPAIN. 


Spain had no other wars save those of the Low 
Countries, which were grown into an ordinary ; now 
they have had coupled therewith the extraordinary of 
the Valtoline, and the Palatinate. And so I con- 
clude my answer to the objection raised touching 
the difference of times; not entering into more secret 
passages of state, but keeping that character of style 
whereof Seneca speaketh, “ plus significat quam 
“ loquitur.” ! 
Here I would pass over from matter of expe- 
rience, were it not that I held it necessary to discover 
a wonderful erroneous observation that. walketh 
about, and is commonly received, contrary to all the 
true account of time and experience. It is, that the 
Spaniard, where he once getteth in, will seldom or 
never be got out again. But nothing is less true 
than this. Not long since they got footing at Brest, 
and some other parts in French Britain, and after 
quitted them. They had Calais, Ardes, and Amiens, 
and rendered them, or were beaten out. They had 
since Marseilles, and fairly left it. They had the 
other day the Valtoline, and now have put it in 
deposit. What they will do with Ormus, which the 
Persian hath taken from them, we shall see. So 
that, to speak truly of latter times, they have rather 
poached and offered at a number of enterprises, than 
maintained any constantly; quite contrary to.that 
idle tradition. In more ancient times, leaving their 
purchases in Afric, which they after abandoned, when 
their great emperor Charles had clasped Germany 
almost in his fist, he was forced, in the end, to go 


OF A WAR WITH SPAIN. 281 


from Isburg, and, as if it had been in a mask, by 
torchlight, and to quit every foot in Germany round 
that he had gotten; which, I doubt not, will be the 
hereditary issue of this late purchase of the Pala- 
tinate. And so I conclude the ground that I have 
to think that Spain will be no overmatch to Great 
Britain, if his majesty should enter into a war, out 
of experience, and records of time. 

For grounds of reason, they are many; I will 
extract the principal, and open them briefly, and, as 
it were, in the bud. For situation, I pass it over ; 
though it be no small point: England, Scotland, 
Ireland, and our good confederates the United Pro- 
vinces, lie all in a plump together, not accessible 
but by sea, or at least by passing of great rivers, 
which are natural fortifications. As for the domi- 
nions of Spain, they are so scattered, as it yieldeth 
great choice of the scenes of the war, and promiseth 
slow succours unto such part as shall be attempted. 
There be three main parts of military puissance, 
men, money, and confederates. For men, there 
are to be considered valour and number. Of 
valour I speak not; take it from the witnesses that 


have been produced before: yet the old observation 


is not untrue, that the Spaniard’s valour lieth in the 
eye of the looker on; but the English valour lieth 
about the soldier’s heart. A valour of glory, and a 
valour of natural courage, are two things. But let 


that pass, and let us speak of number: Spain is a 


nation thin sown of people; partly by reason of the 
sterility of the soil, and partly because their natives 


282 OF A WAR WITH SPAIN. 


are exhausted by so many employments in such vast 
territories as they possess. So that it hath been ac- 
counted a kind of miracle, to see ten or twelve thou- 
sand native Spaniards in an army. And it is certain, 
as we have touched it, a little before, in passage, 
that the secret of the power of Spain consisteth in a 
veteran army, compounded of miscellany forces of all 
nations, which for many years they have had on foot 
upon one occasion or other: and if there should 
happen the misfortune of a battle, it would be a long 
work to draw on supplies. They tell a tale of a 
Spanish ambassador that was brought to see the 
treasury of S. Mark at Venice, and still he looked 
down to the ground; and being asked, why he so 
looked down, said, “ he was looking to see whether 
“ their treasure had any root, so that if it were spent 
“ it would grow again; as his master’s had.” But, 
howsoever it be of their treasure, certainly their 
forces have scarce any root; or at least such a root 
as buddeth forth poorly and slowly. It is true they 
have the Walloons, who are tall soldiers, yet that is 
but a spot of ground. But, on the other side, there 
is not in the world again such a spring and seminary 
of brave military people, as is England, Scotland, 
Ireland, and the United Provinces: so as if wars 
should mow them down never so fast, yet they may 
be suddenly supplied, and come up again. 

For money, no doubt it is the principal part of 
the greatness of Spain; for by that they maintain 
their veteran army: and Spain is the only state of 
Europe that isa money grower. But in this part, 


OF A WAR WITH SPAIN. 283 


of all others, is most to be considered, the ticklish 
and brittle state of the greatness of Spain. Their 
greatness consisteth in their treasure, their treasure 
in their Indies, and their Indies, if it be well weighed, 
are indeed but an accession to such as are masters by 
sea. So as this axle-tree, whereupon their greatness 
turneth, is soon cut in two by any that shall be 
stronger than they by sea. Herein therefore I refer 
myself to the opinions of all men, enemies or whom- 
soever, whether that the maritime forces of Great 
Britain, and the United Provinces, be not able to 
beat the Spaniard at sea? For if that be so, the 
links of that chain whereby they hold their greatness 
are dissolved. Now if it be said, that admit the 
case of Spain to be such as we have made it, yet we 
ought to descend into our own case, which we shall 
find, perhaps, not to be in state, for treasure, to 
enter into a war with Spain. To which I answer; I 
know no such thing; the mint beateth well; and 
the pulses of the people’s hearts beat well. But 
there is another point that taketh away quite this 
objection: for whereas wars are generally causes of 
poverty or consumption ; on the contrary part, the 
special nature of this war with Spain, if it be made 
by sea, is like to be a lucrative and restorative war. 
So that, if we go roundly on at the first, the war in 
continuance will find itself. And therefore you must 
make a great difference between Hercules’ labours 
by land, and Jason’s voyage by sea for the golden 
fleece. 

For confederates; I will not take upon me the 


284 OF A WAR WITH SPAIN. 


knowledge, how the princes, states, and councils of 
Europe, at this day, stand affected towards Spain ; 
for that trencheth into the secret occurrents of the 
present time, wherewith, in all this treatise, I have 
forborn to meddle. But to speak of that which 
lieth open and in view; I see much matter of quarrel 
and jealousy, but little of amity and trust towards 
Spain, almost in all other estates. I see France is 
in competition with them for three noble portions of 
their monarchy, Navarre, Naples, and Milan; and 
now freshly in difference with them about the Valto- 
line. I see once in thirty or forty years cometh 
a pope, that casteth his eye upon the kingdom of 
Naples, to recover it to the church : as it was in the 
minds of Julius the second, Paul the fourth, and 
Sixtus the fifth. As for that great body of Germany, 
I see they have greater reason to confederate them- 
selves with the kings of France, and Great Britain, 
or Denmark, for the liberty of the German nation, 
and for the expulsion of Spanish and foreign forces, 
than they had in the years 1552 and 1553. At 
which time they contracted a league with Henry the 
second the French king, upon the same articles, 
against Charles the fifth, who had impatronized 
himself of a great part of Germany, through the 
‘discord of the German princes, which himself had 
sown and fomented: which league at that time did 
the deed, and drave out all the Spaniards out of that 
part of Germany; and reintegrated that nation in 
their ancient liberty and honour. For the West- 
Indies, though Spain hath had yet not much actual 


OF A WAR WITH SPAIN. 285 


disturbance there, except it have been from Eng- 
land ; yet nevertheless I see all princes lay a kind of 
claim unto them; accounting the title of Spain but 
as a monopoly of those large countries, wherein they 
have in great part but an imaginary possession. 
For Afric upon the west, the Moors of Valentia ex- 
pulsed, and their allies, do yet hang as a cloud 
or storm over Spain. Gabor on the east is like an 
anniversary wind, that riseth every year upon the 
party of Austria. And Persia hath entered into 
hostility with Spain, and giveth them the first blow 
by taking of Ormus. It is within every man’s ob- 
servation also, that Venice doth think their state 
almost on fire, if the Spaniards hold the Valtoline. 
That Savoy hath learned by fresh experience, that 
alliance with Spain is no security against the am- 
bition of Spain; and that of Bavaria hath likewise 
been taught, that merit and service doth oblige the 
Spaniard but from day to day. Neither do I say for 
all this, but that Spain may rectify much of this ill 
blood by their particular and cunning negociations : 
but yet there it is in the body, and may break out, 
no man, knoweth when, into ill accidents: and at 
least it sheweth plainly, that which serveth for our 
purpose, that Spain is much destitute of assured and 
confident confederates. And therefore I will con- 
clude this part with the speech of a counselJor of 
state in Spain at this day which was not without 
salt: he said to his master the king of Spain that 
now is, upon occasion; “ Sir, I will tell your majesty 
“thus much for your comfort; your majesty hath 
** but two enemies, whereof the one is all the world, 


286 MISCELLANEOUS TRACTS 


“and the other is your own ministers.” And thus 
I end the second main part I propounded to speak 
of ; which was, the balancing of the forces between 
the king’s majesty and the king of Spain, if a war 
must follow, 


THE FIRST COPY OF MY DISCOURSE TOUCHING THE 
SAFETY OF THE QUEEN’S PERSON.* 


TueEsE be the principal remedies, I could think of, 
for extirpating the principal cause of those conspi- 
racies, by the breaking the nest of those fugitive 
traitors, and the filling them full of terror, despair, 
jealousy, and revolt. And it is true, I thought of 
some other remedies, which, because in mine own 
conceit I did not so well allow, I therefore do forbear 
to express. And so likewise I have thought, and 
thought again, of the means to stop and divert as 
well the attempts of violence, as poison, in the 
performance and execution. But not knowing how 
my travel may be accepted, being the unwarranted 
wishes of a private man, I leave; humbly praying 
her majesty’s pardon, if in the zeal of my simplicity 
I have roved at things above my aim. 


THE FIRST FRAGMENTS OF A DISCOURSE, TOUCHING INTEL- 
LIGENCE, AND THE SAFETY OF THE QUEEN’S PERSON.T 


Tue first remedy, in my poor opinion, is that 
against which, as I conceive, least exception can be 


* From the original in the Lambeth Library. 
+ From the original in the Lambeth Library. 


RELATIVE TO SPAIN. 287 


taken, as a thing without controversy, honourable 
and politic; and that is reputation of good intelli- 
gence. I say not only good intelligence, but the 
reputation and fame thereof. For I see, that where 
booths are set for watching thievish places, there 
is no more robbing: and though no doubt the 
watchmen many times are asleep, or away; yet 
that is more than the thief knoweth; so as the 
empty booth is strength and safe guard enough. 
So likewise, if there be sown an opinion abroad, 
that her majesty hath much secret intelligence, and 
that all is full of spies and false brethren; the 
fugitives will grow into such a mutual jealousy and 
suspicion one of another, as they will not have the 
confidence to conspire together, not knowing whom 
to trust; and thinking all practice bootless, as that 
which is assured to be discovered. And to this 
purpose, to speak reverently, as becometh me, as I 
do not doubt but those honourable counsellors, to 
whom it doth appertain, do carefully and sufficiently 
provide and take order that her majesty receive good 
intelligence ; so yet, under correction, methinks it is 
not done with that glory and note to the world, 
which was in Mr. Secretary Walsingham’s* time: 
and in this case, as was said, “ opinio veritate major.” 


* Who died April 6, 1590. After his death the business of 
secretary of state appears to be chiefly done by Mr. Robert 
Cecil, who was knighted by Queen Elizebeth at Theobald’s, 
about the beginning of June, 1591, and in August following 


sworn of the privy-council; but not actually appointed secretary 
of state till July 5,1596. Biren. 


288 MISCELLANEOUS TRACTS. 


The second remedy I deliver with less assurance, 
as that which is more removed from the compass 
of mine understanding: and that is, to treat and 
negociate with the King of Spain, or Archduke 
Ernest,* who resides in the place where these con- 
spiracies are most forged, upon the point of the law 
of nations, upon which kind of points princes’ enemies 


may with honour negociate, viz. that, contrary to- 


the same law of nations, and the sacred dignity 
of kings, and the honour of arms, certain of her 
majesty’s subjects, if it be not thought meet to 
impeach any of his ministers, refuged in his domi- 
nions, have conspired and practised assassination 
against her majesty’s person. 


* Ernest, Archduke of Austria, son of the Emperor Maximi- 
lian I. and governor of the Low Countries, upon which govern- 
ment he entered in June, 1594; but held it only a short time, 
dying February } following. It was probably in pursuance of 
the advice of Mr, Francis Bacon in this paper, that Queen 
Elizabeth sent to the Archduke in 1594, to complain of the 
designs which had been formed against her life by the Count de 
Fuentes, and Don Diego de Ibarra, and other Spanish ministers 
concerned in governing the Low Countries after the death 
of Alexander Duke of Parma in December, 1592, and by the 
English fugitives there; and to desire him to signify those facts 
to the king of Spain, in order that he might vindicate his own 
character, by punishing his ministers, and delivering up to her 
such fugitives as were parties in such designs. Camdeni Annales 
Eliz, Regine, p. 625, Edit. Lugduni Bat, 1625. Bircu. 


A TRUE REPORT * 


OF 


THE DETESTABLE TREASON, 
INTENDED BY ' 


DOCTOR RODERIGO LOPEZ, 


A PHYSICIAN ATTENDING UPON THE PERSON OF THE QUEEN’S 
MAJESTY, 
WHOM HE, FOR A SUM OF MONEY, PROMISED TO BE PAID HIM BY THE KING OF SPAIN, 
DID UNDERTAKE TO HAVE DESTROYED BY POISON; WITH CERTAIN CIRCUMSTANCES 
BO'H OF THE PLOTTING AND DETECTING OF THE SAID TREASON. 


[Penned during the Queen’s Life,] 


Tue king of Spain having found, by the enterprise 

of 88, the difficulty of an invasion of England, and 
having also since that time embraced the matters of 
France, being a design of a more easy nature, and 
better prepared to his hand, hath of necessity for 
a time laid aside the prosecution of his attempts 
against this realm, by open forces, as knowing his 
means unable to wield both actions at once, as well 
that of England as that of France ; and therefore, 
casting at the fairest, hath, in a manner, bent his 
whole strength upon France, making, in the mean 
time, only a defensive war upon the Low Countries. 
But finding again, that the supports and aids which 
her majesty hath continued to the French king, are a 
principal impediment and retardation to his prevail- 
ing there according to his ends, he hath, now of late, 
by all means, projected to trouble the waters here, 

VOL. V. U 


290 REPORT OF LOPEZ'S TREASON. 


and to cut us out some work at home; that by 
practice, without diverting and employing any great 
forces, he might nevertheless divert our succours 
from France. 

According to which purpose, he first proved to 
move some innovation in Scotland, not so much in 
hope to alienate the king from the amity of her 
majesty, as practising to make a party there against 
the king himself, whereby he should be compelled 
to use her majesty’s forces for his assistance. Then 
he solicited a subject within this realm, being a per- 
son of great nobility, to rise in arms and levy war 
against her majesty ; which practice was by the 
same nobleman loyally and prudently revealed. 
And lastly, rather, as it is to be thought, by the insti- 
gation of our traitorous fugitives in foreign parts, 
and the corrupter sort of his counsellors and mi- 
nisters, than of hisown nature and inclination, either 
of himself, or his said counsellors and ministers 
using his name, have descended to a course against 
all honour, all society and humanity, odious to God 
and man, detested by the heathens themselves, which 
is, to take away the life of her majesty, (which God 
have in his precious custody!) by violence or poison. 
A matter which might be proved to be not only 
against all Christianity and religion, but against na- 
ture, the law of nations, the honour of arms, the 
civil law, the rules of morality and policy ; finally, to 
be the most condemned, barbarous, and ferine act that 
can be imagined; yea, supposing the quarrels and 
hostility between the princes to be never so declared 


REPORT OF LOPEZ'S TREASON. 891 


and so mortal, yet were it not that it would be a 
very reproach unto the age, that the matter should | 
be once disputed or called in question, it could never 
be defended. And therefore I leave it to the cen- 
sure which Titus Livius giveth in the like case upon 
Perseus, the last king of the Macedons, afterwards 
overthrown, taken with his children, and led in 
triumph by the Romans; “ Quem non justum bellum 
“ gerere regio animo, sed per omnia clandestina 
“ grassari scelera, latrociniorum ac veneficiorum, cer- 
** nebant.” 

But to proceed: certain it is, that even about 
this present time there have been suborned and sent 
into this realm divers persons, some English, some 
Irish, corrupted by money and promises, and re- 
solved and conjured by priests in confession, to have 
executed that most wretched and horrible fact; of 
which number certain haye been taken, and some 
have suffered, and some are spared because they 
have with great sorrow confessed these attempts, 
and detested their suborners. And if I should con- 
jecture what the reason is why this cursed enterprise 
was at this time so hotly and with such diligence 
pursued, I take it to be chiefly because the matters 
of France were ripe, and the king of Spain made 
himself ready to unmask himself, and to reap that in 
France, which he had been long in sowing, in regard 
that, there being like to be a divulsion in the league 
by the reconciliation of some of the heads to the 
king, the more passionate sort, being destituted by 
their associates, were like to cast themselves wholly 


292 REPORT OF LOPEZ'S TREASON. 


into the king of Spain’s arms, and to dismember some 
important piece of that crown; though now upon 
this fresh accident of receiving the king into Paris, 
it is to be thought that both the worst affected of 
the league will submit themselves upon any toler- 
able conditions to their natural king, thus advanced 
in strength and reputation; and the king of Spain 
will take a second advice ere he embark himself too 
far in any new attempt against France. But taking 
the affairs as they then stood before this. accident 
unexpected, especially of the council of Spain, during 
this his supposed harvest in France, his council had 
reason to wish that there were no disturbance from 
hence, where they make account that if her majesty 
were removed, upon whose person God continue his 
extraordinary watch and providence! here would be 
nothing but confusion, which they do not doubt but 
with some no great treasure, and forces from with- 
out, may be nourished till they can more fully intend 
the ruin of this state, according to their ancient 
malice. | 

But howsoever that be, amongst the number of 
these execrable undertakers, there was none so much 
built and relied upon by the great ones of the other 
side, as was this physician Lopez; nor, indeed, none 
so dangerous; whether you consider the aptness of 
the instrument, or the subtlety and secrecy of those 
that practised with him, or the shift and evasion 
which he had provided for a colour of his doings, if 
they should happen to come into question. . For 
first, whereas others were to find and encounter 


Se ee ee 


REPORT OF LOPEZ'S TREASON. 293 


infinite difficulties, in the very obtaining of an oppor- 
tunity to execute this horrible act; and, besides, 
cannot but see present and most assured death 
before their eyes, and therefore must be, as it were, 
damnable votaries if they undertake it: this man, in 
regard of his faculty, and of his private access to her 
majesty, had both means to perpetrate, and means 
to conceal, whereby he might reap the fruit of his 
wicked treason without evident peril. And for his 
complices that practised with him, being Portuguese, 
and of the retinue of king Antonio, the king of 
Spain’s mortal enemy, they were men thereby freed 
and discharged from suspicion, and might send 
letters and receive letters out of Spain without jea- 
lousy ; as those which were thought to entertain 
intelligences there for the good of their master. 
And for the evasion and mask that Lopez had pre- 
pared for this treason, if it had not been searched 
and sifted to the bottom, it was, that he did intend 
but to cozen the king of Spain, without ill meaning ; 
somewhat in the nature of that stratagem which 
Parry, a most cunning and artificial traitor, had pro- 
vided for himself. : 

Nevertheless this matter, by the great goodness 
of God, falling into good hands, of those honourable 
and sufficient persons which dealt therein, was by 
their great and worthy industry so handled and 
followed, as this Proteus of a disguised and trans- 
formed treason did at last appear in his own likeness 
and colours, which were as foul and monstrous as 
have been known in the world. For some of her 


24 REPORT OF LOPEZ’s TREASON. 


majesty’s council long since entered into consi- 
deration, that the retinue of king Antonio, I mean 
some of theni, were not unlike to hatch these kinds 
of treasons, in regard they were needy strangers, 
entered into despair of their master’s fortune, and 
like enough to aspire to make their peace at home, 
by some such wicked services as these ; and there- 
fore grew to have an extraordinary vigilant eye 
upon them: which prudent and discreet presumption, 
or conjecture, joined with some advertisements of 
espials abroad, and some other industry, was the 
first cause, next under the great benediction of God, 
which giveth unto princes zealous counsellors, and 
giveth to counsellors policy, and discerning thoughts, 
of the revealing and discovering of these treasons, 
which were contrived in order and form, as hereafter 
is set down. 

This Lopez, of nation a Portuguese, and sus- 
pected to be in sect secretly a Jew, though here he 
conformed himself to the rites of the Christian 
religion, for a long time professed physic in this 
land, by occasion whereof, being withal a man very 
observant and officious, and of a pleasing and ap- 
pliable behaviour; in that regard, rather than for 
any great learning in his faculty, he grew known 
and favoured in court, and was some years since 
sworn physician of her majesty’s household; and by 
her majesty’s bounty, of whom he had received 
divers gifts of good commodity, was grown to good 
estate of wealth. 

This man had insinuated himself greatly, in 


REPORT OF LOPEZ'S TREASON. 295 


regard he was of the same nation, with the king 
Antonio, whose causes he pretended to solicit at the 
court: especially while he supposed there was any 
appearance of his fortune; of whom also he had 
obtained, as one that referred all his doings to gain, 
an assignation of 50,000 crowns to be levied in 
Portugal. But being a person wholly of a corrupt 
and mercenary nature, and finding his hopes cold 
from that part; he cast his eyes upon a more able 
paymaster, and secretly made offer long since of his 
service to the king of Spain: and accordingly gave 
sundry intelligences of that which passed here, and 
imported most for the king of Spain to know, 
having no small means, in regard of his continual 
attendance at court, nearness and access, to learn 
many particulars of great weight: which intelli- 
gences he maintained with Bernardine Mendoza, 
Antonio Vega, Roderigo Marquez, and divers others. 

In the conveyance of which his intelligences, 
and in the making known of his disposition to do 
the king of Spain service, he had, amongst others, 
one Manuel Andrada a Portuguese, revolted from 
Don Antonio to the king of Spain; one that was 
discovered to have practised the death of the said 
Don Antonio, and to have betrayed him to Bernar- 
dine Mendoza, This man coming hither, was, for 
the same, his practice appearing by letters inter- 
cepted, apprehended and committed to prison. 
Before which time also, there had been by good 
diligence intercepted other letters, whereby the 
said Andrada advertised Mendoza, that he had won 


296 REPORT OF LOPEZ’S TREASON. 


Dr. Lopez to the king’s service: but Lopez having — 
understanding thereof, and finding means to have 
secret conference with Andrada before his examina- 
tion, persuaded with him to take the matter upon 
himself, as if he had invented that advertisement 
touching Lopez, only to procure himself credit with 
Mendoza; and to make him conceive well of his 
industry and service. And to move him hereunto, 
Lopez set before Andrada, that if he did excuse him, 
he should have credit to work his delivery : whereas, 
if he did impeach him, he was not like to find any 
other means of favour. By which subtle persuasion 
Andrada, when he came to be examined, answered 
according to the direction and lessoning which Lopez 
had given him. And having thus acquitted himself 
of this suspicion, became suitor for Andrada’s de- 

livery, craftily suggesting, that he was to do some 
notable service to Don Antonio; in which his suit 
he accordingly prevailed. When Lopez had thus 
got Andrada out of prison, he was suffered to go 
out of the realm into Spain; in pretence, as was 
said, to do some service to Don Antonio; but in 
truth, to continue Lopez’s negociation and intelli- 
gences with the king of Spain, which he handled so 
well, as at his return hither, for the comforting of 
the said Lopez, he brought to him from the king, 
besides thanks and words of encouragement, and an 
abrazo, which is the compliment of favour, a very 
good jewel garnished with sundry stones of good 
value. This jewel, when Lopez had accepted, he 
cunningly cast with himself, that if he should offer 


REPORT OF LOPEZ S TREASON. 297 


it to her majesty first, he was assured she would 
not take it: next, that thereby he should lay her 
asleep, and make her secure of him for greater 
matters, according to the saying, “ Fraus sibi fidem 
“in parvis prestruit ut in magnis opprimat ;” which 
accordingly he did, with protestations of his fidelity : 
and her majesty, as a princess of magnanimity, not 
apt to fear or suspicion, returned it to him with 
gracious words. 

After Lopez had thus abused her majesty, and 
had these trials of the fidelity of Andrada, they fell 
in conference, the matter being first moved by 
Andrada, as he that came freshly out of Spain, 
touching the empoisoning of the queen: which 
Lopez, who saw that matter of intelligence, without 
some such particular service, would draw no great 
reward from the king of Spain ; such as a man that 
was not needy, but wealthy as he was, could find 
any taste in, assented unto. And to that purpose 
procured again this Andrada to be sent over, as well 
to advertise and assure this matter to the king 
of Spain and his ministers, namely, to the count de 
Fuentes, assistant to the general of the king of 
Spain’s forces in the Low Countries, as also to 
capitulate and contract with him about the certainty 
of his reward. Andrada having received those in- 
structions, and being furnished with money, by 
Lopez’s_ procurement, from Don Antonio, about 
whose service his employment was believed to be, 
went over to Calais, where he remained to be near 
unto England and Flanders, having a boy that 


298 REPORT OF LOPEZ'S TREASON. 


ordinarily passed to and fro between him and Lopez: 
by whom he did also, the better to colour his 
employment, write to Lopez intelligence, as it was 
agreed he should between him and Lopez; who 
bad him send such news as he should take up in the 
streets. From Calais he writeth to count de Fuentes 
of Lopez’s promise and demands. Upon the receipt 
of which letters, after some time taken to advertise 
this proposition into Spain, and to receive direction 
thereupon, the count de Fuentes associated with 
Stephano Ibarra, secretary of the council of the wars 
in the Low Countries, calleth to him one Manuel 
Louis Tinoco, a Portuguese, who had also followed 
king Antonio, and of whose good devotion he had 
had experience, in that he had conveyed unto him 
two several packets, wherewith he was trusted by 
the king Antonio for France. Of this Louis the 
first received a corporal oath, with solemn ceremony, 
taking his hands between their hands, that he should 
keep secret that which should be imparted to him, 
and never reveal the same, though he should be 
apprehended and questioned here. This done, they 
acquaint him with the letters of Andrada, with 
whom they charge him to confer at Calais in his 
way, and to pass to Lopez into England, addressing 
him farther to Stephano Ferrera de Gama, and 
signifying unto the said Lopez withal, as from the 
king, that he gave no great credence to Andrada, 
as a person too slight to be used in a cause of so 
great weight: and therefore marvelled much that he 
heard nothing from Ferrera of this matter, from 


Pa Nt a Rae alt na aL Es al re eee Oe ele 


REPORT OF LOPEZ'S TREASON. 299 


whom he had in former time been advertised in 
generality of Lopez’s good affection to do him service. 
This Ferrera had been sometimes a man of great 
livelihood and wealth in Portugal, which he did 
forego in adhering to Don Antonio, and appeareth 
to be.a man of capacity and practice; but hath some 
years since been secretly won to the service of the 


king of Spain, not travelling nevertheless to and fro, 


but residing as his lieger in England. 

Manuel Louis dispatched with these instructions, 
and with all affectionate commendations from the 
count to Lopez, and with letters to Ferrera, took his 
journey first to Calais, where he conferred with 
Andrada; of whom receiving more ample infor- 
mation, together with a short ticket of credence to 
Lopez, that he was a person whom he might trust 
without scruple, came over into England, and first 
repaired to Ferrera, and acquainted him with the 
state of the business, who had before that time given 
some light unto Lopez, that he was not a stranger 
unto the practice between him and Andrada, where- 
with, indeed, Andrada had in a sort acquainted him. 
And now upon this new dispatch and knowledge 
given to Lopez of the choice of Ferrera to continue 
that which Andrada had begun; he, to conform 
himself the better to the satisfaction of the king of 
Spain, and his ministers abroad, was content more 
fully to communicate with Ferrera, with whom, from 
that time forward, he meant singly and apertly to 
deal; and therefore cunningly forbore to speak 
with Manuel Louis himself; but concluded that 


300 REPORT OF LOPEZ'S ‘TREASON. 


Ferrera should be his only trunk, and all his dealings 
should pass through his hands, thinking thereby to 
have gone invisible. 

Whereupon he cast with himself, that it was not 
safe to use the mediation of Manuel Louis, who had 
been made privy to the matter, as some base carrier 
of letters; which letters also should be written in a 
cipher, not of alphabet, but of words ; such as might, 
if they were opened, import no vehement suspicion. 
And therefore Manuel Louis was sent back with a 
short answer, and Lopez purveyed himself of a base 
fellow, a Portuguese called Gomez d’Avila, dwelling 
hard by Lopez’s house, to convey his letters. After 
this messenger provided, it was agreed between 
Lopez and Ferrera, that letters should be sent to the 
count.de Fuentes, and secretary Juarra, written and 
signed by Ferrera, for Lopez cautelously did forbear 
to write himself, but directed, and indeed dictated 
word by word by Lopez himself. The contents 
thereof were, that Lopez was ready. to execute that 
service to the king, which before had been treated, 
but required for-his recompence the sum of 50,000 
crowns, and assurance for the same. 

These letters were written obscurely, as was 
touched, in terms of merchandise; to which obscurity 
when Ferrera excepted, Lopez answered, they knew 
his meaning by that which had passed before. Fer- 
rera wrote also to Manuel Louis, but charged this 
Gomez to deliver the same letters unto him in 
the presence of Juarra; as also the letter to Juarra 
in the. presence of Manuel Louis. And these letters 


aE 


aS = ee ee 


REPORT OF LOPEZ'S TREASON. 301 


were delivered to Gomez d’Avila to be carried 
to Brussels, and a passport procured, and his charges 
defrayed by Lopez. And Ferrera, the more to ap- 
prove his industry, writ letters two several times, 
the one conveyed by Emanuel Pallacios, with the 
privity of Lopez, to Christophero Moro, a principal 
counsellor of the king of Spain, in Spain ; signifying 
that Lopez was won to the king of Spain, and that 
he was ready to receive his commandment; and 
received a letter from the same Christophero Moro, 
in answer to one of these, which he shewed unto 
Lopez. In the mean time Lopez, though a man, in 
semblance, of a heavy wit, yet indeed subtle of him- 
self, as one trained in practice, and besides as wily as 
fear and covetousness could make him, thought to 
provide for himself, as was partly touched before, as 
many starting holes and evasions as he could devise, 
if any of these matters should come to light. And 
first he took his time to cast forth some general 
words afar off to. her majesty, as asking her the 
question, Whether a deceiver might not be deceived ? 
Whereof her majesty, not imagining these words 
tended to such end, as to warrant him colourably in 
this wretched conspiracy, but otherwise, of her own 
natural disposition bent to integrity and sincerity, 
uttered dislike and disallowance. Next, he thought 
he had wrought a great mystery in demanding the 
precise sum of 50,000 crowns, agreeing just with 
the sum of assignation or donation from Don Antonio ; 
idly, and in that grossly imagining, that, if after- 
wards he should accept the. same sum, he might 


302 REPORT OF LOPEZ'S TREASON. 


excuse it, as made good by the king of Spain, 
in regard he desisted to follow and favour Don 
Antonio; whereupon the king of Spain was in honour 
tied not to see him a loser. Thirdly, in his con- 
ferences with Ferrera, when he was apposed upon 
the particular manner how he would poison her 
majesty, he purposely named unto him a syrup, 
knowing that her majesty never useth syrup; and 
therefore thinking that would prove an high point 
for his justification, if things should come in any 
question. 

But all this while desirous after his prey, which 
he had in hope devoured, he did instantly importune 
Ferrera for the answering of his last dispatch, 
finding the delay strange, and reiterating the pro- 
testations of his readiness to do the service, if he 
were assured of his money. 

Now before the return of Gomez d’Avila into 
England, this Stephen Ferrera was discovered to 
have intelligence with the enemy ; but so as the par- 
ticular of his traffic and overtures appeared not, 
only it seemed there was great account made of that 
he managed: and thereupon he was committed to 
prison. Soon after arrived Gomez d’Avila, and 
brought letters only from Manuel Louis, by the 
name of Francisco de Thores; because, as it seemeth, 
the great persons on the other side had a contrary 
disposition to Lopez, and liked not to write by so 
base a messenger, but continued their course to trust 
and employ Manuel Louis himself, who in likelihood ~ 
was retained till they might receive a full conclusion 


REPORT OF LOPEZ'S TREASON, 303 


from Spain; which was not till about two months 
after. This Gomez was apprehended at his landing, 
and about him were found the letters aforesaid, 
written in jargon, or verbal cipher, but yet some- 
what suspicious, in these words: “ This bearer will 
* tell you the price in which your pearls are esteemed, 
“and in what resolution we rest about a little 
“ musk and amber, which I am determined to buy.” 
Which words the said Manuel Louis afterwards 
voluntarily confessed to be deciphered in this sort ; 
That by the allowance of the pearls he meant, that 
the count de Fuentes, and the secretary, did gladly 
accept the offer of Lopez to poison the queen, 
signified by Ferrera’s letter: and for the provision of 
amber and musk, it was meant, that the count looked 
shortly for a resolution from the king of Spain 
concerning a matter of importance, which was for 
burning of the queen’s ships; and another point 
tending to the satisfaction of their vindictive humour. 

But while the sense of this former letter rested 
ambiguous, and that no direct particular was con- 
fessed by Ferrera, nor sufficient light given to ground 
any rigorous examination of him, cometh over Manuel 
Louis with the resolution from Spain; who first 
understanding of Ferrera’s restraint, and therefore 
doubting how far things were discovered, to shadow 
the matter, like a cunning companion, gave adver- 
tisement of an intent he had to do service, and here- 
upon obtained a passport: but after his coming in, 
he made no haste to reveal any thing, but thought 
to dally and abuse in some other sort. And while 


304 REPORT OF LOPEZ'S TREASON. 


the light was thus in the clouds, there was also in- 
tercepted a little ticket which Ferrera in prison had 
found means to write, in care to conceal Lopez, 
and to keep him out of danger, to give a caveat of 
staying all farther answers and advertisements in 
these causes. Whereupon Lopez was first called in 
question. : 
But in conclusion, this matter being with all 
assiduity and policy more and more pierced and mined 
into, first, there was won from Manuel Louis his 
letters from the count de Fuentes and secretary 
Juarra to Ferrera, in both which mention is made 
of the queen’s death; in that of the count’s, under 
the term of a commission; and in that of the secre- 
tary’s, under the term of the great service, whereof 
should arise an universal benefit to the whole world. 
Also the letters of credit written by Gonsalo Gomez, 
one to Pedro de Carrera, and the other to Juan 
Pallacio, to take up a sum of money by Manuel 
Louis, by the foresaid false name of Fr. de Thores ; 
letters so large, and in a manner without limitation, 
as any sum by virtue thereof might be taken up: 
which letters were delivered to Louis by the count 
de Fuentes’s own hands, with directions to shew 
them to Lopez for his assurance; a matter of God’s 
secret working in staying the same, for thereupon 
rested only the execution of the fact of Lopez. 
Upon so narrow a point consisted the safety of her 
majesty’s life, already sold by avarice to malice and 
ambition, but extraordinarily preserved by that 
watchman which never slumbereth. This same 


REPORT OF LOPEZ'S TREASON. 305 


Manuel Louis, and Stephen Ferrera also, whereof 
the one managed the matter abroad, and the other 
resided here to give correspondence, never meeting 
after Manuel had returned, severally examined with- 
out torture or threatening, did in the end voluntarily 
and clearly confess the matters above-mentioned, 
and in their confessions fully consent and concur, not 
only in substance, but in all points, particularities, 
and circumstances; which confessions appear ex- 
pressed in their own natural language, testified and 
subscribed with their own hands; and in open 
assembly, at the arraignment of Lopez in the Guild- 
hall, were by them confirmed and avouched to Lopez 
his face; and therewithal are extant, undefaced, the 
original letters from count de Fuentes, secretary 
Juarra, and the rest. 

And Lopez himself, at his first apprehension and 
examination, did indeed deny, and deny with deep 
and terrible oaths and execrations, the very confer- 
ences and treaties with Ferrera, or Andrada, about 
the empoisonment. And being demanded, if they 
were proved against him what he would say? he 
answered, That he would yield himself guilty of the 
fact intended. Nevertheless, being afterwards con- 
fronted by Ferrera, who constantly maintained to 
him all that he had said, reducing him to the times 
and places of the said conferences, he confessed the 
matter, as by his confession in writing, signed with 
his own hand, appeareth. But then he fell to that 
slender evasion, as his last refuge, that he meant 
only to cozen the king of Spain of the money: and 

VOL. V. x 


306 REPORT OF LOPEZ S TREASON. 


in that he continued at his arraignment, when, not- 
withstanding, at the first he did retract his own con- 
fession : and yet being asked, whether he was drawn, 
either by means of torture, or promise of life, to 
make the same confession? he did openly testify 
that no such means were used towards him. 

But the falsehood of this excuse, being an alle- 
gation that any traitor may use and provide for him- 
self, is convicted by three notable proofs. The first, 
that he never opened. this matter, neither unto her 
majesty, unto whom he had ordinary access, nor to 
any counsellor of state, to have permission to toll on, 
and inveigle these parties with whom he did treat, 
if it had been thought so convenient; wherein, 
percase, he had opportunity to have done some good 
service, for the farther discovery of their secret 
machinations against her majesty’s life. The second, 
that he came too late to this shift; having first 
bewrayed his guilty conscience, in denying those 
treaties and conferences till they were evidently and 
manifestly proved to his face. The third, that in 
conferring with Ferrera about the manner of his 
assurance, he thought it better to have the money 
in the hands of such merchants as he should name in 
Antwerp, than to have it brought into England; 
declaring his purpose ‘to be, after the fact done, 


speedily to fly to Antwerp, and there to tarry some — 


time, and so to convey himself to Constantinople ; 
where it is affirmed, that Don Salomon, a Jew in 
good credit, is Lopez his near kinsman, and that he 
is greatly favoured by the said Don Salomon: 


; 
) 


REPORT OF LOPEZ'S TREASON. 307 


whereby it is evident that Lopez had cast his reckon- 
ings upon the supposition of the fact done. 

Thus may appear, both how justly this Lopez * 
is condemned for the highest treason that can be 
imagined ; and how, by God’s marvellous goodness, 
her majesty hath been preserved. And surely, if a 
man do truly consider, it is hard to say, whether 
God hath done greater things by her majesty or for 
her: if you observe on the one side, how God hath 
ordained her government to break and cross the 
unjust ambition of the two mighty potentates, the 
king of Spain and the Bishop of Rome, never so 
straitly between themselves combined: and on the 
other side, how mightily God hath protected her, 
both against foreign invasion and inward troubles, 
and singularly against the many secret conspiracies 
that have been made against her life; thereby 
declaring to the world that he will indeed preserve 
that instrument which he hath magnified. But the 
corruptions of these times are wonderful, when that 
wars, which are the highest trials of right between 
princes, that acknowledge no superior jurisdiction, 
and ought to be prosecuted with all honour, shall 
be stained and infamed with such foul and inhuman 
practices. Wherein if so great a king hath been 
named, the rule of the civil law, which is a rule 
of common reason, must be remembered ; “ Frustra 
“legis auxilium implorat, qui in legem committit.” 
He that hath sought to violate the majesty royal, in 
the highest degree, cannot claim the pre-eminence 
thereof to be exempted from just imputation. 


* Lopez was executed 7th June, 1594, 


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TRACTS 


RELATING TO ENGLAND. 


OF THE 
TRUE GREATNESS 


OF 


THE KINGDOM OF BRITAIN. 


TO KING JAMES. 
Tue greatness of kingdoms and dominions in bulk 
and territory doth fall under measure and demon- 
stration that cannot err: but the just measure and 
estimate of the forces and power of an estate is a 
matter, than the which there is nothing among 
civil affairs more subject to error, nor that error 
more subject to perilous consequence. For hence 
may proceed many inconsiderate attempts, and 
insolent provocations in states that have too high 
an imagination of their own forces: and hence may 
proceed, on the other side, a toleration of many fair 
grievances and indignities, and a loss of many oppor- 
tunities, in states that are not sensible enough of 
their own strength. Therefore, that it may the 
better appear what greatness your majesty hath 
obtained of God, and what greatness this island hath 
obtained by you, and what greatness it is, that by 
the gracious pleasure of Almighty God you shall 
leave and transmit to your children and generations 
as the first founder ; I have thought good, as far as 
I can comprehend, to make a true survey and re- 


312 OF THE TRUE GREATNESS OF BRITAIN. 


presentation of the greatness of this your kingdom 
of Britain; being for mine own part persuaded, 
that the supposed prediction, “ Video solem orientem 
“ in occidente,” may be no less a true vision applied 
to Britain, than to any other kingdom of Europe ; 
and being out of doubt that none of the great 
monarchies, which in the memory of times have 
risenin the habitable world, had so fair seeds and 
beginnings as hath this your estate and kingdom, 
whatsoever the event shall be, which must depend 
upon the dispensation of God’s will and providence, 
and his blessing upon your descendents. And 
because I have no purpose vainly or assentatorily 
to represent this greatness, as in water, which shews 
things bigger than they are, but rather, as by an in- 
strument of art, helping the sense to take a true 
magnitude and dimension: therefore I will use no 
hidden order, which is fitter for insinuations than 
sound proofs, but a clear and open order. First by 
confuting the errors, or rather correcting the excesses 
of certain immoderate opinions, which ascribe too 
much to some points of greatness, which are not so 
essential, and by reducing those points to a true 
value and estimation: then by propounding and 
confirming those other points of greatness which are — 
more solid and principal, though in popular discourse 
less observed: and incidently by making a brief 
application, in both these parts, of the general prin- 
ciples and positions of policy unto the state and 
condition of these your kingdoms. Of these the 
former part will branch itself into these articles. 


OF THE TRUE GREATNESS OF BRITAIN. 313 


First, That in the measuring or balancing of 
greatness, there is commonly too much ascribed 
to largeness of territory. 

Secondly, That there is too much ascribed to 
treasure or riches. 

Thirdly, That there is too much ascribed to the 
fruitfulness of the soil, or affluence of commo- 
dities. 

And fourthly, That there is too much ascribed 
to the strength and fortification of towns or 
holds. The latter will fall into this distribution: 

First, That true greatness doth require a fit 
situation of the place or region. 

Secondly, that true greatness consisteth essen- 
tially in population and breed of men. 

Thirdly, That it consisteth also in the valour and 
military disposition of the people it breedeth : 

and in this, that they make profession of arms. 

Fourthly, That it consisteth in this point, that 
every common subject by the poll be fit to 
make a soldier, and not only certain conditions 
or degrees of men. 

Fifthly, That it consisteth in the temper of the 
government fit to keep the subjects in good 
heart and courage, and not to keep them in 
the condition of servile vassals. 

And sixthly, That it consisteth in the command- 
ment of the sea. 

And let no man so much forget the subject pro- 

pounded, as to find strange, that here is no mention 
of religion, laws, or policy, For we speak of that 


314 OF THE TRUE GREATNESS OF BRITAIN. 


which is proper to the amplitude and growth of 
states, and not of that which is common to their 
preservation, happiness, and all other points of well- 
being. First, therefore, touching largeness of ter- 
ritories, the true greatness of kingdoms upon earth 
is not without some analogy with the kingdom of 
heaven, as our Saviour describes it: which he doth 
resemble, not to any great kernel or nut, but to one 
of the least grains; but yet such a one, as hath 
a property to grow and spread. For as for large 
countries and multitude of provinces, they are many 
times rather matters of burden than of strength, as 
may manifestly appear both by reason and example. 
By reason thus. There be two manners of se- 
curing of large territories, the one by the natural 
arms of every province, and the other by the pro- 
tecting arms of the principal estate,in which case 
commonly the provincials are held disarmed. So 
are there two dangers incident unto every estate, 
foreign invasion, and inward rebellion, Now such 
is the nature of things, that these two remedies of 
estate do fall respectively into these two dangers, in 
case of remote provinces. For if such an estate rest 
upon the natural arms of the provinces, it is sure to 
be subject to rebellion or revolt ; if upon protecting 
arms, it is sure to be weak against invasion: neither 
can this be avoided. 

Now for examples, proving the weakness of 
states possessed of large territories, I will use only 
two, eminent and selected. The first shall be of the 
kingdom of Persia, which extended from Egypt, 


Oe ne 


RE ee ee ee SN Sn 


OF THE TRUE GREATNESS OF BRITAIN. 315 


inclusive, unto Bactria, and the borders of the East 
India; and yet nevertheless was over-run and con- 
quered, in the space of seven years, by a nation not 
much bigger than this isle of Britain, and newly 
grown into name, having been utterly obscure till 
the time of Philip the son of Amyntas. Neither 
was this affected by any rare or heroical prowess in 
the conqueror, as is, vulgarly conceived, for that 
Alexander the Great goeth now for one of the 
wonders of the world; for those that have made 
a judgment grounded upon reason of estate, do find 
that conceit to be merely popular, for so Livy pro- 
nounceth of him, “ Nihil aliud quam bene ausus 
“ vanacontemnere.” Wherein he judgeth of vastness 
of territory as a vanity that may astonish a weak 
mind, but no ways trouble a sound resolution. And 
those that are conversant attentively in the histories 
of those times, shall find that this purchase which 
Alexander made and compassed, was offered by 
fortune twice before to others, though by accident 
they went not through with it; namely, to Agesilaus, 
and Jason of Thessaly: for Agesilaus, after he had 
made himself master of most of the low provinces of 
Asia, and had both design and commission to invade 
the higher countries, was diverted and called home 
upon a war excited against his country by the 
states of Athens and Thebes, being incensed by their 
orators and counsellors, which were bribed and cor- 
rupted from Persia, as Agesilaus himself avouched 
pleasantly, when he said, That an hundred thousand 


archers of the king of Persia had driven him home: 


316 OF THE TRUE GREATNESS OF BRITAIN. 


understanding it, because an archer was the stamp 
upon the Persian coin of gold. And Jason of 
Thessaly, being a man born to no greatness, but one 
that made a fortune of himself, and had obtained by 
his own vivacity of spirit, joined with the oppor- 
tunities of time, a great army compounded of volun- 
taries and adventurers, to the terror of all Grecia, 
that continually expected where that cloud would 
fall; disclosed himself in the end, that his design 
was for an expedition into Persia, the same which 
Alexander, not many years after achieved, wherein 
he was interrupted by a private conspiracy against 
his life, which took effect. So that it appeareth, as 
was said, that it was not any miracle of accident 
that raised the Macedonian monarchy, but only the 
weak composition of that vast state of Persia, which 
was prepared for a prey to the first resolute invader. 

The second example that I will produce, is of 
the Roman empire, which had received no diminution 
in territory, though great in virtue and forces, till 
the time of Jovianus. For so it was alleged by 
such as opposed themselves to the rendering Nisibis 
upon the dishonourable retreat of the Roman army 
out of Persia. At which time it was avouched, that 
the Romans, by the space of eight hundred years, 
had never, before that day, made any cession or 
renunciation to any part of their territory, whereof 
they had once had a constant and quiet possession. 
And yet, nevertheless, immediately after the short 
reign of Jovianus, and towards the end of the joint 
reign of Valentinianus and Valens, which were his 


OF THE TRUE GREATNESS OF BRITAIN. 317 


immediate successors, and much more in the times 
succeeding, the Roman empire, notwithstanding the 
magnitude thereof, became no better than a carcase, 
whereupon all the vultures and birds of prey of the 
world did seize and ravine for many ages, for a per- 
petual monument of the essential difference between 
the scale of miles, and the scale of forces. And 
therefore, upon these reasons and examples, we may 
safely conclude, that largeness of territory is so far 
from being a thing inseparable from greatness of 
power, as it is many times contrariant and incom- 
patible with the same. But to make a reduction of 
that error to a truth, it will stand thus, that then 
greatness of territory addeth strength, when it hath 
these four conditions : 

First, That the territories be compacted, and not 
dispersed. 

Secondly, That the region which is the heart 
and seat of the state, be sufficient to support 
those parts, which are but provinces and ad- 
ditions. 

Thirdly, That the arms or martial virtue of the 
state be in some degree answerable to the 
greatness of dominion. 

And lastly, That no part or province of the state 
be utterly unprofitable, but do confer some 
use or service to the state. 

The first of these is manifestly true, and scarcely 
needeth any explication. For if there be a state that 
consisteth of scattered points instead of lines, and 
slender lines instead of latitudes, it can never be 


318 OF THE TRUE GREATNESS OF BRITAIN. 


solid, and in the solid figure is strength. But what | 
speak we of mathematical principles ? The reason of 
state is evident, that if the parts of an estate be 
disjoined and remote, and so be interrupted with the 
provinces of another sovereignty ; they cannot pos- — 
sibly have ready succours in case of invasion, nor — 
ready suppression in case of rebellion, nor ready re- 
covery in case of loss or alienation by either of both — 
means. And therefore we see what an endless work 
the king of Spain hath had to recover the Low © 
Countries, although it were to him patrimony and © 
not purchase ; and that chiefly in regard of the great 
distance. So we see that our nation kept Calais a — 
hundred years space after it lost the rest of France, 
in regard of the near situation ; and yet in the end — 
they that were nearer carried it by surprise, and — 
over-ran succour. . 
Therefore Titus Quintius made a good compari- — 
son of the state of the Achaians to a tortoise, which — 
is safe when it is retired within the shell, but if any — 
part be put forth, then the part exposed endangereth — 
all the rest. For so it is with states that have pro- 
vinces dispersed, the defence whereof doth commonly — . 
consume and decay, and sometimes ruin the rest of | 
the estate. And so likewise we may observe, that 
the great monarchies, the Persians, the Romans, and 
the like of the Turks, they had not any provinces to. 
the which they needed to demand access through the 
country of another: neither had they any long r 
or narrow angles of territory, which were environed 
or clasped in with foreign states; but their domi- | 


os 


OF THE TRUE GREATNESS OF BRITAIN. 319 


nions were continued and entire, and had thickness 
and squareness in their orb or contents. But these 
things are without contradiction. 

For the second, concerning the proportion between 
the principal region, and those which are but secon- 
dary, there must evermore distinction be made 
between the body or stem of the tree, and the 
boughs and branches. For if the top be over great, 
and the stalk too slender, there can be no strength. 
Now, the body is to be accounted so much of an 
estate, as is not separated or distinguished with any 
mark of foreigners, but is united specially with the 
bond of naturalization; and therefore we see that 
when the state of Rome grew great, they were en- 
forced to naturalize the Latins or Italians, because 
the Roman stem could not bear the provinces and 
Italy both as branches: and the like they were 
contented after to do to most of the Gauls. So on 
the contrary part, we sce in the state of Lacedemon, 
which was nice in that point, and would not admit 
their confederates to be incorporate with them, but 
rested upon the natural-born subjects of Sparta, 
how that a small time after they had embraced 
a larger empire, they were presently surcharged, in 
respect to the slenderness of the stem. For so in 
the defection of the Thebans and the rest against 
them, one of the principal revolters spake most 
aptly, and with great efficacy in the assembly of the 
associates, telling them, That the state of Sparta was 
like a river, which, after that it had run a great way, 
and taken other rivers and streams into it, ran strong 


320 OF THE TRUE GREATNESS OF BRITAIN. 


and mighty, but about the head and fountain of 
it was shallow and weak; and therefore advised 
them to assail and invade the main of Sparta, know- 
ing they should there find weak resistance either of 
towns or in the field: of towns, because upon confi- 
dence of their greatness they fortified not upon 
the main; in the field, because their people was 
exhaust by garrisons and services far off. Which 
counsel proved sound, to the astonishment of all 
Grecia at that time. 

For the third, concerning the proportion of the 
military forces of a state to the amplitude of empire, 
it cannot be better demonstrated than by the two 
first examples which we produced of the weakness 
of large territory, if they be compared within them- 
selves according to difference of time. For Persia 
at a time was strengthened with large territory, 
and at another time weakened; and so was Rome. 
For while they flourished in arms, the largeness of 
territory was a strength to them, and added forces, 
added treasures, added reputation: but. when they 
decayed in arms, then greatness became a burden. 
For their protecting forces did corrupt, supplant, 
and enervate the natural and proper forces of all 
their provinces, which relied and depended upon the 
succours and directions of the state above. And 
when that waxed impotent and slothful, then the 
whole state laboured with her own magnitude, and 
in the end feJl with her own weight. And that, no 
question, was the reason of the strange inundations 
of people which both from the east and north-west 


4 


ee ee Se 
POSE A ee aaa 


~ 


OF THE TRUE GREATNESS OF BRITAIN. BS yA | 


overwhelmed the Roman empire in one age of the 
world, which a man upon the sudden would attri- 
bute to some constellation or fatal revolution of 
time, being indeed nothing else but the declination 
of the Roman empire, which having effeminated and 
made vile the natural strength of the provinces, 
and not being able to supply it by the strength 
imperial and sovereign, did, as a lure cast abroad, 
invite and entice all the nations adjacent, to make 
their fortunes upon her decays. And by the same 
reason, there cannot but ensue a dissolution to the 
state of the Turk, in regard of the largeness of 
empire, whensoever their martial virtue and dis- 
cipline shall be further relaxed, whereof the time 
seemeth to approach. For certainly like as great 
stature in a natural body is some advantage in 
youth, but is but burden in age; so it is with great 
territory, which when a state beginneth to decline, 
doth make it stoop and buckle so much the faster. © 
For the fourth and last, it is true, that there is 

to be required and expected as in the parts of a 
body, so in the members of a state, rather propriety 
of service, than equality of benefit. Some provinces 
are more wealthy, some more populous, and some 


more warlike ; some situate aptly for the excluding 
or expulsing of foreigners, and some for the annoy- 


ing and bridling of suspected and tumultuous sub- 

jects; some are profitable in present, and some may 

be converted and improved to profit by plantations 

and good policy. And therefore true consideration 

of estate can hardly find what to reject, in matter of 
VOL. V. Y 


322 OF THE TRUE GREATNESS OF BRITAIN. 


territory, in any empire, except it be some glorious 
acquests obtained sometime in the bravery of wars, 
which cannot he kept without excessive charge and 
trouble; of which kind were the purchases of king 
Henry VIII. that of Tournay ; and that of Bologne ; 
and of the same kind are infinite other the lke 
examples almost in every war, which for the most 
part upon treaties of peace are restored. 

Thus have we now defined where the largeness 
of territory addeth true greatness, and where not. 
The application of these positions unto the particular 
or supposition of this your majesty’s kingdom of 
Britain, requireth few words. For, asI professed in 
the beginning, I mean not to blazon or amplify, but 
only to observe and express matter. 

First, Your majesty’s dominion and empire com- 
prehendeth all the islands of the north-west ocean, 
where it is open, until you come’ to the imbarred or 
frozen sea, towards Iceland; in all which tract it 
hath no intermixture or interposition of any foreign 
land, but only of the sea, whereof you are also abso- 
lutely master. 

Secondly, The quantity and content of these 
countries is far greater than have been the principal 
or fundamental regions of the greatest monarchies, 
greater than Persia proper, greater than Macedon, 
greater than Italy. So as here is potentially body 
and stem enough for Nabuchodonosor’s tree, if God 
should have so ordained. 

Thirdly, The prowess and valour of your subjects 
is able to master and wield far more territory than 


siiiiniae scotaiaecpensemieraamnmaneesetamemaes 


OF THE TRUE GREATNESS OF BRITAIN. 323 


falleth to their lot. But that followeth to be spoken 
of in the proper place. 

And lastly, it must be confessed, that whatsoever 
part of your countries and regions shall be counted 
the meanest, yet is not inferior to those countries 
and regions, the people whereof some ages since: 
over-ran the world. We see further by the uniting 
of the continent of this island, and the shutting up 
of the postern, as it was not unfitly termed, all en- 
trance of foreigners is excluded: and we see again, 
that by the fit situation and configuration of the 
north of Scotland toward the north of Ireland, and 
the reputation, commodity, and terror thereof, what 
good effects have ensued for the better quieting 
of the troubles of Ireland. And so we conclude this 
first branch touching largeness of territory. 

THE second article was, 

That there is too much ascribed to treasure or 

riches in the balancing of greatness. 

Wherein no man can be ignorant of the idolatry 
that is generally committed in these degenerate 
times to money, as if it could do all things public 
and private: but leaving popular errors, this is like- 
wise to be examined by reason and examples, and 
such reason, as is no new conceit or invention, but 
hath formerly been discerned by the sounder sort of 
judgments. For we see that Solon, who was no 
contemplative wise man, but a statesman and a law- 
giver, used a memorable censure to Croesus, when he 
shewed him great treasures, and store of gold and 
silver that he had gathered, telling him, that when- 


€ 


324 OF THE TRUE GREATNESS OF BRITAIN. 


soever another should come that had better iron’ 
than he, he would be master of all his gold and: 


silver. Neither is the authority of Machiavel to be 


despised, specially in a matter whereof he saw the 
evident experience before his eyes in his own times- 
and country, who derideth the received and current: 


opinion and principle of estate taken first from a 
speech of Mutianus the lieutenant of Vespasian, 
That money was the sinews of war; affirming, that 
it is a mockery, and that there are no other true 
sinews of war, but the sinews and muscles of men’s 
arms: and that there was never any war, wherein 
the more valiant people had to deal with the more 
wealthy, but that the war, if it were well conducted, 
did nourish and pay itself. And had he not reason 
so to think, when he saw a needy and ill-provided 
army of the French, though needy rather by neg- 
ligence, than want of means, as the French manner 
oftentimes is, make their passage only by the reputa- 
tion of their swords by their sides undrawn, thorough 
the whole length of Italy, at that time abounding in 
wealth after a long peace, and that without re- 
sistance, and to seize and leave what countries and 
places it pleased them? But it was not the ex- 
perience of that time alone, but the records of all 
times that do concur to falsify that conceit, that 
wars are decided not by the sharpest sword, but by 
the greatest purse. And that very text or saying of 
Mutianus which was the original of this opinion, 
is misvouched, for his speech was, “ Pecunie sunt 
« nervi belli civilis,” which is true, for that civil wars 


id 


OF THE TRUE GREATNESS OF BRITAIN. 325 


cannot be between people of differing valour; and 
again because in them men are as oft bought as 


vanquished. But in case of foreign wars, you shall 


scarcely find any of the great monarchies of the 
world, but have had their foundations in poverty and 
contemptible beginnings, being in that point also 
conform to the heavenly kingdom, of which it is pro- 
nounced, “ Regnum Dei non venit cum observatione.” 
Persia, a mountainous country, and a poor people in 


comparison of the Medés and other provinces which 


they subdued. ‘The state of Sparta, a state wherein 
poverty was enacted by law and ordinance ; all use 
of gold and silver and rich furniture being inter- 
dicted. ‘The state of Macedonia, a state mercenary 
and ignoble until the time of Philip. The state of 
Rome, a state that. had poor and pastoral be- 
ginnings. The state of the Turks, which hath 
been since the terror of the world, founded upon 
a transmigration of some bands of Sarmatian 


Scythes, that descended in a vagabond manner 


upon the province that is now termed Turco- 


mania; out of the remnants whereof, after great 
» variety of fortune, sprang the Otoman family. But 


never was any position of estate so visibly and sub- 
stantially confirmed as this, touching the pre-emin- 
ence, yea and predominancy of valour above treasure, 
as by the two descents and inundations of necessitous 
and indigent people, the one from the east, and the 
other from the west, that of the Arabians or Sara- 
cens, and that of the Goths, Vandals, and the rest: 
who, as if they had been the true inheritors of the 


326 OF THE TRUE GREATNESS OF BRITAIN. 


Roman empire, then dying, or at least grown impo- 
tent and aged, entered upon Egypt, Asia, Grecia, 
Afric, Spain, France, coming to these nations, not 
as to a prey, but as to a patrimony; not returning 
with spoil, but seating and planting themselves in a 
number of provinces, which continue their progeny, 
and bear their names till this day. And all these 
men had no other wealth but their adventures, nor 
no other title but their swords, nor no other press 
but their poverty. For it was not with most of these 
people as it is in countries reduced to a regular civi- 
lity, that no man almost marrieth except he see he 
have means to live; but population went on, howso- 
ever sustentation followed, and taught by necessity, 
as some writers report, when they found themselves 
surcharged with people, they divided their inha- 
bitants into three parts, and one third, as the lot 
fell, was sent abroad and left to their adventures. 
Neither is the reason much unlike, though the effect 
hath not followed in regard of a special diversion, in 
the nation of the Swisses, inhabiting a country, 
which in regard of the mountainous situation, and 
the popular estate, doth generate faster than it can 
sustain. In which people, it well appeared what an 
authority iron hath over gold at the battle of Gran- 
son, at what time one of the principal jewels of 
Burgundy was sold for twelve pence, by a poor 
Swiss, that knew no more a precious stone than did 
fEsop’s cock. And although this people have made 
no plantations with their arms, yet we see the repu- 
tation of them such, as not only their forces have 


OF THE TRUE GREATNESS OF BRITAIN. 327 


been employed and waged, but their alliance sought 
and purchased, by the greatest kings and states of 
Europe. So as though fortune, as it fares sometimes 
with princes to their servants, hath denied them a 
grant of lands, yet she hath granted them liberal 
pensions, which are made memorable and renowned 
to all posterity, by the event which ensued to Louis 
the twelfth; who, being pressed uncivilly by mes- 
sage from them for the inhauncing their pensions, 
entered into choler and broke out into these words, 
“ What! will these villains of the mountains put 
a tax upon me? which words cost him his duchy of 
Milan, and utterly ruined his affairs in Italy. Neither 
were it indeed possible at this day, that that nation 
should subsist without descents and impressions upon 
their neighbours, were it not for the great utterance 
of people which they make into the services of 
foreign princes and estates, thereby discharging not 
only number, but in that number such spirits as are 
most stirring and turbulent. 

And therefore we may conclude, that as large- 
ness of territory, severed from military virtue, is but 
a burden; so, that treasure and riches severed from 
the same, is but a prey. It resteth therefore to 
make a reduction of this error also unto a truth by 
distinction and limitation, which will be in this 
manner : 

Treasure and moneys do then add true greatness 
and strength to a state, when they are accompanied 
with these three conditions : 

First, The same condition which hath been an- 


328 OF THE TRUE GREATNESS OF BRITAIN. 


nexed to largencss of territory, that is, that 
they be joined with martial prowess and 
valour. | 

Secondly, That treasure doth then advance great- 
ness, when it is rather in mediocrity than in 
great abundance. And again better, when 
some part of the state is poor, than when all 
parts of it are rich. 

And lastly, That treasure in a state is more or 
less serviceable, as the hands are in which the 
wealth chiefly resteth. 

For the first of these, it is a thing that cannot be 
denied, that in equality of valour the better purse is 
an advantage. For like as in wrestling between 
man and man, if there be a great overmatch in 
strength, it is to little purpose though one have the 
better breath; but, if the strength be near equal, 
then he that is shorter winded will, if the wager 
consist of many falls, in the end have the worst: so 
it is in the wars, if it be_a match between a valiant 
people and a cowardly, the advantage of treasure 
will not serve; but if they be near in valour, then 
the better monied state will be the better able to 
continue the war, and so in the end to prevail. But 
if any man think that money can make those pro- 
visions at the first encounters, that no difference of 
valour can countervail, let him look back but into 
those examples which have been brought, and he 
must confess, that all those furnitures whatsoever 
are but shews and mummeries, and cannot shrowd 
fear against resolution. For there shall he find 


OF THE TRUE GREATNESS OF BRITAIN. 329 


companies armed with armour of proof taken out of 
the stately armories of kings who spared no cost, 
overthrown by men armed by private bargain and 
chance as they could get it: there shall he find 
armies appointed with horses bred of purpose, and. 
in choice races, chariots of war, elephants, and the 
like terrors, mastered by armies meanly appointed. 
So of towns strongly fortified, basely yielded, and 
the like; all being but sheep in a lion’s skin, where 
valour faileth. 
For the second point, that competency of treasure 
is better than surfeit, is a matter of common place or 
ordinary discourse ; in regard that excess of riches, 
neither in public nor private, ever hath any good 
effects, but maketh men either slothful and effeminate, 
and so no enterprisers; or insolent and arrogant, 
and so overgreat embracers; but most generally 
cowardly and fearful to lose, according to the adage, 
“Timidus Plutus ;” so as this needeth no further 
speech. But a part of that assertion requireth a 
more deep consideration, being a matter not so 
familiar, but yet most assuredly true. For it is 
necessary ina state that shall grow and inlarge, that 
there be that composition which the poet speaks of, 
“ Multis utile bellum :” an ill condition of a state, no 
question, if it be meant of a civil war, as it was 
spoken ; but a condition proper to a state that shall 
increase, if it be taken of a foreign war. For except 
there be a spur in the state,. that shall excite and 
prick them on to the wars, they will but keep their 
own, and seek no further. And in all experience 


330 OF THE TRUE GREATNESS OF BRITAIN. 


and stories you shall find but three things that 
prepare and dispose an estate to war: the ambition 
of governors, a state of soldiers professed, and the 
hard means to live of many subjects. Whereof the 
last is the most forcible and the most constant. 
And this is the true reason of that event which we 
observed and rehearsed before, that most of the great 
kingdoms of the world have sprung out of hardness 
and scarceness of means, as the strongest herbs out 
of the barrenest soils. 

For the third point, concerning the placing and 
distributing of treasure in a state, the position is 
simple; that then treasure is greatest strength to a 
state, when it is so disposed, as it is readiest and 
easiest to come by for public service and use : which 
one position doth infer three conclusions. 

First, that there be quantity sufficient of treasure 
as well in the treasury of the crown or state, as in 
the purse of the private subject. 

Secondly, that the wealth of the subject be rather 
in many hands than in few. 

And thirdly, that it be in those hands, where 
there is likest to be the greatest sparing, and increase, 
and not in those hands, wherein there useth to be 
greatest expence and consumption. 

For it is not the abundance of treasure in the 
subjects hands that can make sudden supply of the 
want of a state; because reason tells us, and ex- 
perience both, that private persons have least will to 
contribute when they have most cause; for when 
there is noise or expectation of wars, then is always 


OF THE TRUE GREATNESS OF BRITAIN. 331 


the deadest times for monies, in regard every man 
restraineth and holdeth fast his means for his own 
comfort and succour, according as Solomon saith, 
The riches of a man are as a strong hold in his own 
imagination: and therefore we see by infinite ex- 
amples, and none more memorable than that of Con- 
stantinus the last emperor of the Greeks, and the 
citizens of Constantinople, that subjects do often 
choose rather to be frugal dispensers for their 
enemies, than liberal lenders to their prince. Again, 
wheresoever the wealth of the subject is engrossed 
into few hands, it is not possible it should be so 
respondent and yielding to payments and contribu- 
tions for the public, both because the true estimation 
or assessment of great wealth is more obscure and 
uncertain; and because the burden seemeth lighter 
when the charge lieth upon many hands; ° and 
further, because the same greatness of wealth is for 
the most part not collected and obtained without 
sucking it from many, according to the received 
similitude of the spleen, which never swelleth but 
when the rest of the body pineth and abateth.. And 
lastly, it cannot be that any wealth should leave a 
second overplus for the public that doth not first 
leave an overplus to the private stock of him that 
gathers it; and therefore nothing is more certain, 
than that those states are least able to aid and defray 
great charge for wars, or other public disbursements, 
whose wealth resteth chiefly in the hands of the 
nobility and gentlemen. For what by reason of 
their magnificence and waste in expence, and what 


332 OF THE TRUE GREATNESS OF BRITAIN. 


by reason of their desire to advance and make great 
their own families, and again upon the coincidence of 
the former. reason, because they are always the 
fewest ; small is the help, as to payments or charge, 
that can be levied or expected from them towards 
the occasions of a state. Contrary it is of such 
states whose wealth resteth in the hands of mer- 
chants, burghers, tradesmen, freeholders, farmers in 
the country, and the like, whereof we have a most 
evident and present example before our eyes, in our 
neighbours of the Low-Countries, who could never 
have endured and continued so inestimable and in- 
supportable charge, either by their natural frugality, 


or by their mechanical industry, were it not also that — 


there was a concurrence in them of this last reason, 
which is, that their wealth was dispersed in many 
hands, and not ingrossed into few; and those hands 
were not much of the nobility, but most and gene- 
rally of inferior conditions. : 

To make application of this part concerning 
treasure to your majesty’s kingdoms: 

First, I suppose I cannot err, that as to the 
endowment of your crown, there is not any crown of 
Europe, that hath so great a proportion of demesne 
and land revenue. Again, he that shall look into 
your prerogative shall find it to have as many streams 
to feed your treasury, as the prerogative of any of 
the said kings, and yet without oppression or taxing 
of your people. For they be things unknown in 
many other states, that all rich mines should be 
yours, though in the soil of your subjects; that all 


OF THE TRUE GREATNESS OF BRITAIN. 333 


wardships should be yours, where a tenure in chief 
is, of lands held of your subjects; that all confisca- 
tions and escheats of treason should be yours, though 
the tenure be of the subject; that all actions popular, 
and the fines and casualties thereupon may be in- 
formed in your name, and should be due unto you, 


and a moiety at the least where the subject himself 


informs. And further, he that shall look into your 
revenues at the ports of the sea, your revenues in 
courts of justice, and for the stirring of your seals, 
the revenues upon your clergy, and the rest, will 
conclude, that the law of England studied how to 
make a rich crown, and yet without levies upon your 
subject. For merchandizing, it is true, it was ever 
by the kings of this realm despised, as a thing ignoble 
and indign for a king, though it is manifest, the 
situation and commodities of this island considered, 
it is infinite, what your majesty might raise, if you 
would do as a king of Portugal doth, or a duke of 
Florence, in matter of merchandise. As for the 
wealth of the subject * : 

To proceed to the articles affirmative, the first 

was, 

That the true greatness of an estate consisteth 
in the natural and fit situation of the region 
or place. 

Wherein I mean nothing superstitiously touching 

the fortunes or fatal destiny of any places, nor philo- 
sophically touching their configuration with the 


* Memorandum, Here was a blank side left to continue the 
sense. 


334 OF THE TRUE GREATNESS OF BRITAIN. 


superior globe. But I understand proprieties and 
respects merely civil and according to the nature of 
human actions, and the true considerations of estate. 
Out of which duly weighed, there doth arise a triple 
distribution of the fitness of a region for a great 
monarchy. First, that it be of hard access. Secondly, 
that it be seated in no extreme angle, but com- 
modiously in the midst of many regions. And 
thirdly, that it be maritime, or at the least upon 
great navigable rivers; and be not inland or me- 
diterrane. And that these are not conceits, but 
notes of event, it appeareth manifestly, that all great 
monarchies and states have been seated in such 
manner, as, if you would place them again, observing 
these three points which I have mentioned, you 
cannot place them better; which shews the pre- 
eminence of nature, unto which human industry or 
accident cannot be equal, especially in any conti- 
nuance of time. Nay, if a man look into these 
things, more attentively, he shall see divers of these 
seats of monarchies, how fortune hath hovered still 
about the places, coming and going only in regard 
of the fixed reason of the conveniency of the place, 
which is immutable. And therefore, first we see 
the excellent situation of Egypt; which seemeth to 
have been the most ancient monarchy, how con- 
veniently it stands upon a neck of land commanding 
both seas on either side, and embracing, as it were 
with two arms, Asia and Afric, besides the benefit of 
the famous river of Nilus. And therefore we see 
what hath been the fortune of that country, there 


~~ -—-— ed 


OF THE TRUE GREATNESS OF BRITAIN. 335 


having been two mighty returns of fortune, though 
at great distance of time; the one in the times 
of Sesostris, and the other in the empire of the 
Mamalukes, besides the middle greatness of the 
kingdom of the Ptolemys, and of the greatness of 
the caliphs and sultans in the latter times. And 
this region, we see likewise, is of strait and defen- 
sible access, being commonly called of the Romans, 
“ Claustra A’gypti.” Consider in like manner the 
situation of Babylon, being planted most strongly in 
regard of lakes and overflowing grounds between 
the two great navigable rivers of Euphrates and 
Tigris, and in the very heart of the world; having 
regard to the four “ cardines” of east and west and 
northern and southern regions. And therefore we 
see, that although the sovereignty alter, yet the 
seat still of the monarchy remains in that place. 
For after the monarchies of the kings of Assyria, 
which were natural kings of that place, yet when 
the foreign kings of Persia came in, the seat re- 
mained. For although the mansion of the persons 
of the kings of Persia were sometimes at Susa, and 
sometimes at Ecbatana, which were termed their 
winter and their summer parlours, because of the 
mildness of the air in the one, and the freshness in 
the other; yet the city of estate continued to be 
Babylon. Therefore we see, that Alexander the 
Great, according to the advice of Calanus the 
Indian, that shewed him a bladder, which, if it were 
born down at one end, would rise at the other, and 
therefore wished him to keep himself in the middle 


336 OF THE TRUE GREATNESS OF BRITAIN, 


of his empire, chose accordingly Babylon for his seat, 
and died there. And afterwards likewise in the 
family of Seleucus and his descendents, kings of the 
east, although divers of them, for their own glory, 
were founders of cities of their own names, as 
Antiochia, Seleucia, and divers others, which they 
sought by all means to raise and adorn, yet the 
greatness still remained according unto nature with 
the ancient seat. Nay, further on, the same re- 
mained during the greatness of the kings of Parthia, 
as appeareth by the verse of Lucan, who wrote in 
Nero’s time. 

“ Cumque superba staret Babylon spolianda trophaeis. 
And after that, again it obtained the seat of the 
highest caliph or successors of Mahomet. And at 
this day, that which they call Bagdat, which joins 
to the ruin of the other, containeth one of the 
greatest satrapies of the Levant. So again Persia, 
being a country imbarred with mountains, open to 
the seas, and in the middle of the world, we see 
hath had three memorable revolutions of great 
monarchies. The first in the time of Cyrus; the 
second in the time of the new Artaxerxes, who 
raised himself in the reign of Alexander Severus, 
emperor of Rome; and now of late memory, in 
Ismael the sophy, whose descendents continue in 
empire and competition with the Turks to this day. 

So again Constantinople, being one of the most 
excellentest seats of the world, in the confines of 


Europe and Asia. 


A 


PROPOSITION TO HIS MAJESTY 


BY 
SIR FRANCIS BACON, KNIGHT, 
HIS MAJESTY’S ATTORNEY GENERAL; AND ONE OF HIS PRIVY COUNCIL; 
TOUCHING THE 
COMPILING AND AMENDMENT OF THE LAWS OF 
ENGLAND. 


Your majesty, of your favour, having made me 
privy-counsellor, and continuing me in the place of 
your attorney-general, which is more than was these 
hundred years before, I do not understand it to be, 
that by putting off the dealing in causes between 
party and party, I should keep holy-day the more ; 
but that I should dedicate my time to your service 
with less distraction. Wherefore in this plentiful 
accession of time, which I have now gained, I take 
it to be my duty, not only to speed your command- 
ments and the business of my place, but to meditate 
and to excogitate of myself, wherein I may best, by 
my travels, derive your virtues to the good of your _ 
people, and return their thanks and increase of love 
to you again. And after I had thought of many 
things, I could find, in my judgment, none more 


proper for your majesty as a master, nor for me as 2 
VOL. V. Z 


338 A PROPOSAL FOR AMENDING 


workman, than the reducing and recompiling of the 
laws of England. 

Your majesty is a king blessed with posterity ; 
and these kings sort best with acts of perpetuity, 
when they do not leave them, instead of children ; 
but transmit both line and merit to future genera- 
tions. You are a great master in justice and judi- 
cature, and it were pity that the fruit of that virtue 
should die with you. Your majesty also reigneth 
in learned times; the more, in regard of your own 
perfections and patronage of learning; and it hath 
been the mishap of works of this nature, that the 
less learned time hath wrought upon the more 
learned, which now will not be so. As for myself, 
the law is my profession, to which I am a debtor. 
Some little helps I may have of other learning, 
which may give form to matter; and your majesty 
hath set me in an eminent place, whereby in a work, 
which must be the work of many, I may the better 
have coadjutors. Therefore, not to hold your ma- 
jesty with any long preface, in that which I conceive 
to be nothing less than words, I will proceed to the 
matter: which matter itself nevertheless requireth 
somewhat briefly to be said, both of the dignity, 
and likewise of the safety, and convenience of this 
work : and then to go to the main: that is to say, 
-to shew how the work is to be done: which in- 
cidently also will best demonstrate, that it is no 
vast. nor speculative thing, but real and feasible. 
Callisthenes, that followed Alexander’s court, and 
was grown in some displeasure with him, because 


THE LAWS OF ENGLAND. | 339 


he could not well brook the Persian adoration; at a 
supper, which with the Grecians was ever a great 
part talk, was desired, because he was an eloquent 
man, to speak of some theme; which he did, and 
chose for his theme the praise of the Macedonian 
nation; which though it were but a filling thing to 
praise men to their faces, yet he did it with such 
advantage of truth, and avoidance of flattery, and 
with such life, as the hearers were so ravished with 
it that they plucked the roses off from their garlands, 
and threw them upon him; as the manner of ap- 
plauses then was. Alexander was not pleased with 
it, and by way of discountenance said, It was easy 
to be a good orator in a pleasing theme: “ But,” 
saith he to Callisthenes, “ turn your style, and tell us 
“now of our faults, that we may have the profit, 
“ and not you only the praise ;” which he presently 
did with such a force, and so piquantly, that Alex- 
ander said, The goodness of his theme had made 
him eloquent before; but now it was the malice of 
his heart, that had inspired him. 

1. Sir, I shall not fall into either of those two 
extremes, concerning the laws of England; they 
commend themselves best to them that understand 
them; and your majesty’s chief justice of your bench | 
hathin his writings magnified them not without cause: | 
certainly they are wise, they are just and moderate 
laws ; they give to God, they give to Cesar, they give | 
to the subjects, that which appertaineth. It is true, 
they are as mixt as our language, compounded of | 
British, Roman, Saxon, Danish, Norman customs. ° 


340 A PROPOSAL FOR AMENDING 


And as our language is so much the richer, so the 
laws are the more complete: neither doth this attri- 
bute less to them, than those that would have them 
to have stood out the same in all mutations; for no 
tree is so good first set, as by transplanting. 

2. As for the second extreme, I have nothing to 
do with it by way of taxing the laws. I speak only 
by way of perfecting them, which is easiest in the 
best things: for that which is far amiss hardly 
receiveth amendment ; but that which hath already, 
to that more may be given. Besides, what I shall 
propound is not to the matter of the laws, but to 
the manner of their registry, expression, and tradi- 
tion: so that it giveth them rather light than any 
‘new nature. This being so, for the dignity of the 
work I know scarcely where to find the like: for 
surely that scale, and those degrees of sovereign | 
honour, are true and rightly marshalled; first the 
founders of states; then the lawgivers; then the 
deliverers and saviours after long calamities ; then 
the fathers of their countries, which are just and 
prudent princes; and lastly, conquerors, which honour 
is not to be received amongst the rest, except it be 
where there is an addition of more country and 
territory to a better government than that was of 
the conquered. Of these, in my judgment, your 
majesty may with more truth and flattery be intitled 
to the first, because of your uniting of Britain and 
planting Ireland ; both which savour of the founder. 
That which I now propound to you, may adopt you 
also into the second: lawgivers have been called 


THE LAWS OF ENGLAND. 341 


“ principes perpetui;” because as bishop Gardiner 
said in a bad sense, that he would be bishop an 
hundred years after his death, in respect of the long 
leases he made: so lawgivers are still kings and 
rulers after their decease, in their laws. But this 
work, shining so in itself, needs no taper. For the 
safety and convenience thereof, it is good to consider, 
and to answer those objections or scruples which 
may arise or be made against this work. 

Olj. I. That it is a thing needless; and that the 
law, as it now is, is in good estate comparable to any 
foreign law; and that it is not possible for the wit 
of man, in respect of the frailty thereof, to provide 
against the incertainties and evasions, or omissions 
of law. 

Resp. For the comparison with foreign laws, it is 
in vain to speak of it; for men will never agree 
about it. Our lawyers will maintain for our muni- 
cipal laws; civilians, scholars, travellers, will be of 
the other opinion. 

But certain it is, that our laws, as they now 
stand, are subject to great “indertifin te) and variety 
of opinion, delays, and evasions : whereof ensueth, 

1. That the multiplicity and length of suits is 
great. 

2. That the contentious person is armed, and the 
honest subject wearied and oppressed. 

3. That the judge is more absolute ; who, in 
doubtful cases, hath a greater stroke and liberty. 

4. That the chancery courts are more filled, the. 
remedy of law being often obscure and doubtful. 


342 A PROPOSAL FOR AMENDING 


5. That the ignorant lawyer shroudeth his igno- 
rance of law, in that doubts are so frequent and | 
many. 

6. That men’s assurances of their lands and 
estates by patents, deeds, wills, are often subject to 
question, and hollow; and many the like inconve- 
niencies. 

It is a good rule and direction, for that all laws, 
“ secundum majus et minus,” do participate of un- 
certainties, that followeth: Mark, whether the doubts 
that arise, are only in cases not of ordinary expe- 
rience; or which happen every day. If in the first 
only, impute it to the frailty of man’s foresight, that 
cannot reach by law to all cases; but, if in the 
latter, be assured there is a fault in the law. Of 
this I say no more, but that, to give every man his 
due, had it not been for Sir Edward Coke’s Reports, 
(which though they may have errors, and some 
peremptory and extrajudicial resolutions more than 
are warranted; yet they contain infinite good deci- 
sions, and rulings over of cases,) the law, by this 
time, had been almost like a ship without ballast ; 
for that the cases of modern experience are fled 
from those that are adjudged and ruled in former 
time. 

But the necessity of this work is yet greater in 
the statute law. For first, there are a number of 
ensnaring penal laws, which lie upon the subject ; 
and if in bad times they should be awaked and put 
in execution, would grind them to powder. 

There is a learned civilian that expoundeth the 


ee ee ee ee eee ae 


THE LAWS OF ENGLAND. 343 


curse of the prophet, “ Pluet super eos laqueos,” of 
a multitude of penal laws, which are worse than 
showers of hail or tempest upon cattle, for they fall 
upon men. 

There are some penal laws fit to be retained, but 
their penalty too great; and it is ever a rule, That 
any over-great penalty, besides the acerbity of it, 
deadens the execution of the law. 

There is a further inconvenience of penal laws, 
obsolete, and out of use; for that it brings a gan- 
grene, neglect, and habit of disobedience upon other 
wholesome laws, that are fit to be continued in 
practice and execution; so that our laws endure the 
torment of Mezentius : 


‘“‘ The living die in the arms of the dead.” 


Lastly, There is such an accumulation of statutes 
concerning one matter, and they so cross and intri- 
cate, as the certainty of law is lost in the heap; as 
your majesty had experience last day upon the point, 
Whether the incendiary of Newmarket should have 
the benefit of his clergy. 

Obj. II. That it is a great innovation; and in- 
novations are dangerous beyond foresight. 

Resp. All purgings and medicines, either in the 
civil or natural body, are innovations: so as that 
argument is a common place against all noble refor- 
mations. But the truth is, that this work ought not 
to be termed or held for any innovation in the 
suspected sense. For those are the innovations 
which are quarreled and spoken against, that concern 


odd A PROPOSAL FOR AMENDING 


the consciences, estates, and fortunes of particular 
persons: but this of general ordinance pricketh not 
particulars, but passeth “sine strepitu.” Besides, it is 
on the favourable part ; for it easeth, it presseth not : 
and lastly, it is rather matter of order and expla- 
nation than of alteration. Neither is this without 
precedent in former governments. : 

The Romans, by their Decemvirs, did make their 
twelve tables; but that was indeed a new enacting 
or constituting of laws, not a registering or recom- 
piling ; and they were made out of the laws of the 
Grecians, not out of their own customs. 

In Athens they had Sexviri, which were 
standing commissioners to watch and to discern 
what laws waxed improper for the time ; and what 
new law did, in any branch, cross a former law, and 
so “ ex officio,” propounded their repeals. 

King Lewis XI. of France, had it in his intention 
to have made one perfect and uniform law, out of 
the civil law Roman, and the provisional customs of 
France. 

Justinian the Emperor, by commission directed 
to divers persons learned in the laws, reduced the 
Roman laws from vastness of volume, and a laby- 
rinth of uncertainties, unto that course of the civil 
law which is now in use. I find here at home of 
late years, that King Henry VIII. in the twenty- 
seventh of his reign was authorised by parliament to 
nominate thirty-two commissioners, part ecclesias- 
tical, part temporal, to purge the canon law, and to 
make it agreeable to the law of God, and the law of 


‘ 


THE LAWS OF ENGLAND. 345 


the realm; and the same was revived in the fourth 
year of Edward VI. though neither took effect. 

For the laws of Lycurgus, Solon, Minos, and 
others of ancient time, they are not the worse, be- 
cause grammar scholars speak of them: but things 
too ancient wax children with us again. 

Edgar, the Saxon king, collected the laws of 
this kingdom, and gave them the strength of a faggot 
bound, which formerly were dispersed. 

The statutes of king Edward the first were 
fundamental. But, I doubt, I err in producing so 
many examples: for, as Cicero saith to Cesar, so 
may I say to your majesty ; “ Nil vulgare te dignum 
“ videri possit.” 

Oly. III. In this purging of the course of the 
common laws and statutes, much good may be taken 
away. 

Resp. In all purging, some good humours may 
pass away; but that is largely recompensed by 
lightening the body of much bad. 

Obj. 1V. Labour were better bestowed, in bring- 
ing the common laws of England to a text law, as 
the statutes are, and setting both of them down in 
method and by titles. 

Resp. It is too long a business to debate, wheter 
“ lex scripta, aut non scripta,” a text law, or customs 
well registered, with received and approved grounds 
and maxims, and acts and resolutions judicial, from 
time to time duly entered and reported, be the better 
form of declaring and authorising laws. It was the 
principal reason or oracle of Lycurgus, that none of 


346 A PROPOSAL FOR AMENDING 


his laws should be written. Customs are laws 
written in living tables, and some traditions the 
Church doth not disauthorise. In all sciences they 
are the soundest, that keep close to particulars; and, 
sure I am, there are more doubts that rise upon our. 
statutes, which are a text law, than upon the com- 
mon law, which is no text law. But, howsoever that 
question be determined, I dare not advise to cast the 
law into a newmold. The work, which I propound, 
tendeth to pruning and grafting the law, and not to 
plowing up and planting it again; for such a remove 
I should hold indeed for a perilous innovation. 

Oj. V. It will turn the judges, counsellors of 
law, and students ef law to school again, and make 
them to seek what “they shall hold and advise for 
law; and it will impose a new charge upon all 
lawyers to furnish themselves with new books of law. 

Resp. For the former of these, touching the new 
labour, it is true it would follow, if the law were new 
molded into a text law; for then men must be new 
to begin, and that is one of the reasons for which I 
disallow that course. 

But in the way that I shall now propound, the 
entire body and substance of law shall remain, only 
discharged of idle and unprofitable or hurtful matter ; 
and illustrated by order and other helps, towards 
the better understanding of it and judgment there- 
upon. 

For the latter, touching the new charge, it is not 
worthy the speaking of in a matter of so high 
importance; it might have been used of the new 


THE LAWS OF ENGLAND. 347 


translation of the Bible, and such like works. Books 
must follow sciences, and not sciences books. 


Tus work is to be done, to use some few words, 
which is the language of action and effect, in this 
manner. 

It consisteth of two parts; the digest or recom- 
piling of the common laws, and that of the statutes. 

In the first of these, three things are to be done: 

1. The compiling of a book “ De antiquitatibus 
juris.” 

2. The reducing or perfecting of the course or 
corps of the common laws. 

3. The composing of certain introductive and 
auxiliary books touching the study of the laws. 

For the first of these, all ancient records in your 
Tower, or elsewhere, containing acts of parliament, 
letters patents, commissions, and judgments, and 
the like, are to be searched, perused, and weighed : 
and out of these are to be selected those that are of 
most worth and weight, and in order of time, not of 
titles, for the more conformity with the year-books, 
to be set down and registred, rarely in “ hee verba ;” 
but summed with judgment, not omitting any ma- 
terial part; these are to be used for reverend pre- 
cedents, but not for binding authorities. 

For the second, which is the main, there is to be 
made a perfect course of the law “in serie temporis,” 
or year-books, as we call them, from Edward the 
first to this day: in the compiling of this course of 
law, or year-books, the points following are to be 
observed. 


348 A PROPOSAL FOR AMENDING 


First, All cases which are at this day clearly no 
law, but constantly ruled to the contrary, are to be 
left out; they do but fill the volumes, and season 
the wits of students in a contrary sense of law. 
And so likewise all cases, wherein that is solemnly 
and long debated, whereof there is now no question 
at all, are to be entered as judgments only, and 
resolutions, but without the arguments, which are 
now become but frivolous: yet for the observation of 
the deeper sort of lawyers, that they may see how 
the law hath altered, out of which they may pick 
sometimes good use, I do advise, that upon the first 
in time of those obsolete cases there was a memo- 
randum set, that at “that time the law was thus 
taken, until such a time, &c. 

Secondly, Homonymie, as Justinian calleth 
them, that is, cases merely of iteration and repetition, 
are to be purged away: and the cases of identity, 
which are best reported and argued, to be retained 
instead of the rest; the judgements nevertheless to 
be set down, every one in time as they are, but 
with a quotation or reference to the case where the 
point is argued at large: but if the case consist part 
of repetition, part of new matter, the repetition is 
only to be omitted. 

Thirdly, As to the Antinomiz, cases judged to 
the contrary, it were too great a trust to refer to the 
judgment of the composers of this work, to decide 
the law either way, except there be a current stream 
of judgments of later times; and then I reckon the 
contrary cases amongst cases obsolete, of which I 


‘| 


THE LAWS OF ENGLAND. 349 


have spoken before : nevertheless this diligence would 
be used, that such cases of contradiction be specially 
noted and collected, to the end those doubts, that 
have been so long militant, may either, by assembling 
all the judges in the exchequer chamber, or by 
parliament, be put into certainty. For to do it, by 
bringing them in question under feigned parties, 
is to be disliked. ‘“* Nihil habeat forum ex scena.” 
Fourthly, All idle queries, which are but semi- 
naries of doubts, and uncertainties, are to be left 
out and omitted, and no queries set down, but 
of great doubts well debated, and left undecided 
for difficulty ; but no doubting or upstarting queries, 


which though they be touched in argument for 


explanation, yet were better to die than to be put 
into the books. 

Lastly, Cases reported with too great prolixity 
would be drawn into a more compendious report ; 
not in the nature of an abridgment, but tautologies 
and impertinences to be cut off: as for misprinting, 
and insensible reporting, which many times confound 
the students, that will be “obiter” amended ; but 
more principally, if there be any thing in the report 
which is not well warranted by the record, that 
is also to be rectified: the course being thus com- 
piled, then it resteth but for your majesty to 


appoint some grave and sound lawyers, with some 


honourable stipend, to be * reporters for the time to 
come, and then this is settled for all times. 
* This constitution of Reporters I obtained of the King, 


after I was Chancellor; and there are two appointed with 1001. 
a year a-piece stipend. 


350 A PROPOSAL FOR AMENDING 


For the auxiliary books that conduce to the 
study and science of the law, they are three: Insti- 
tutions ; a treatise “ De regulis juris ;” and a better 
book “ De verborum significationibus,” or terms 
of the law. For the Institutions, I know well there 
be books of introductions, wherewith students begin, 
of good worth, especially Littleton and Fitzherbert’s 
“ Natura brevium ;” but they are no ways of the na- 
ture of an institution; the office whereof is to be a 
key and general preparation to the reading of the 
course. And principally it ought to have two pro- 
perties ; the one a perspicuous and clear order or 
method; and the other, an universal latitude or 
comprehension, that the students may have a little 
prenotion of every thing, like a model towards a 
great building. For the treatise “ De regulis juris,” 
I hold it, of all other things, the most important to 
the health, as I may term it, and good institutions of 
any laws: it is indeed like the ballast of a ship, to 
keep all upright and stable ; but I have seen little in 
this kind, either in our law or other laws, that satis- 
fieth me. The naked rule or maxim doth not the 
effect : It must be made useful by good differences, 
ampliations, and limitations, warranted by good au- 
thorities ; and this not by raising up of quotations 
and references, but by discourse and deducement in 
a just tractate. In this I have travelled myself, at 


the first more cursorily, since with more diligence, — 


and will go on with it, if God and your majesty will 
give me leave. And I do assure your majesty, | am 
in good hope, that when Sir Edward Coke’s Reports, 
and my rules and decisions shall come to posterity, 


a ae 


THE LAWS OF ENGLAND. 351 


there will be, whatsoever is now thought, question, 
who was the greater lawyer? For the books Of the 
terms of the law, there is a poor one, but I wish a 
diligent one, wherein should be comprised not only 
the exposition of the terms of law, but of the words 
of al) ancient records and precedents. | 
For the Abridgments, I could wish, if it were 
possible, that none might use them, but such as had 
read the course first, that they might serve for reper- 
tories to learned lawyers, and not to make a lawyer 
in haste: but since that cannot be, I wish there 
were a good abridgment composed of the two that 
are extant, and in better order. So much for the 
common law. 


For the reforming and recompiling of the statute 
law, it consisteth of four parts. 

1. The first, to discharge the books of those 
statutes, where the case, by alteration of time, is 
vanished; as Lombards Jews, Gauls half-pence, &c. 
Those may nevertheless remain in the libraries for 
antiquities, but no reprinting of them. The like of 
statutes long since expired and clearly repealed; for 
if the repeal be doubtful, it must be so propounded 
to the parliament. 

2. The next is, to repeal all statutes which are 
sleeping and not of use, but yet snaring and in 
force: in some of those it will perhaps be requisite 
to substitute some more reasonable law, instead 
of them, agreeable to the time; in others a simple 
repeal may suffice. ; 


352 A PROPOSAL FOR AMENDING, &c. 


3. The third, that the grievousness of the penalty 
in many statutes be mitigated, though the ordinance 
stand. 

4, The last is, the reducing of concurrent sta- 
tutes, heaped one upon another, to one clear and 
uniform law. Towards this there hath been already, 
upon my motion, and your majesty’s direction, a 
great deal of good pains taken; my Lord Hobart, 
myself, Serjeant Finch, Mr. Heneage Finch, Mr. 
Noye, Mr. Hackwell, and others, whose labours 
being of a great bulk, it is not fit now to trouble 
your majesty with any further particularity therein ; 
only by this you may perceive the work is already 
advanced: but because this part of the work, which 
concerneth the statute laws, must of necessity come 
to parliament, and the houses will best like that 
which themselves guide, and the persons that them- 
selves employ, the way were to imitate the prece- 
dent of the commissioners for the canon laws in 
27 Hen. VIII. and 4 Edw. VI. and the commis- 
sioners for the union of the two realms, “ primo” of 
your majesty, and so to have the commissioners 
named by both houses; but not with a precedent 
power to conclude, but only to prepare and propound 
to parliament. 

This is the best way, I conceive, to accomplish 
this excellent work, of honour to your majesty’s 
times, and of good to all times; which I submit to 
your majesty’s better judgment. 


AN OFFER TO KING JAMES 


OF 


A DIGEST 


TO BE MADE OF 


THE LAWS OF ENGLAND. 


MOST EXCELLENT SOVEREIGN, 
Amoncst the degrees and acts of sovereign, or rather 
heroical honour, the first or second is the person and 
merit of a lawgiver. Princes that govern well are 
fathers of the people: but if a father breed his son 
well, or allow him well while he liveth, but leave 
him nothing at his death, whereby both he and his 
children, and his childrens children, may be the better, 
surely the care and piety of a father is not in him 
complete. So kings, if they make a portion of an 
age happy by their good government, yet if they do 
not make testaments, as God Almighty doth, whereby 
a perpetuity of good may descend to their country, 
they are but mortal and transitory benefactors. 
Domitian, a few days before he died, dreamed that 
a golden head did rise upon the nape of his neck : 
which was truly performed in the golden age that 
followed his times for five ‘successions. » But kings, 


by giving their subjects good laws, may, if they will, 


in their own time, join and graft this golden head 
VOL. V. AA 


354 OF A DIGEST OF LAWS. 


upon their own necks after their death. Nay, they 
may make Nabuchodonozor’s image of monarchy 
golden from head to foot. And if any of the meaner 
sort of politics, that are sighted only to see the 
worst of things, think, that laws are but cobwebs, 
and that good princes will do well without them, 
and bad will not stand much upon them; the dis- 
course is neither good nor wise. For certain it is, 
that good laws are some bridle to bad princes, and 
as avery wall about government. And if tyrants 
sometimes make a breach into them, yet they mollify 
even tyranny itself, as Solon’s laws did the tyranny 
of Pisistratus: and then commonly they get up 
again, upon the first advantage of better times. 
Other means to perpetuate the memory and merits 
of sovereign princes are inferior to this. Buildings 
of temples, tombs, palaces, theatres, and the like, are 
honourable things, and look big upon posterity : but 
Constantine the Great gave the name well to those 
works, when he used to call Trajan, that was a great 
builder, Parietaria, wall-flower, because his name 
was upon so many walls: so if that be the matter, 
that a king would turn wall-flower, or pellitory of 
the wall, with cost he may. Adrian’s vein was better, 
for his mind was to wrestle a fall with time; and 
being a great progressor through all the Roman 
empire, whenever he found any decays of bridges, or 
highways, or cuts of rivers and sewers, or walls, or 
banks, or the like, he gave substantial order for their 
repair with the better. He gave also multitudes of 
charters and liberties for the comfort of corporations 


OF A DIGEST OF LAWS. 355 


and companies in decay: so that his bounty did 
strive with the ruins of time. But yet this, though 
it were an excellent disposition, went but in effect 
to the cases and shells of a commonwealth. It was 
nothing to virtue or vice. A bad man might in- 
differently take the benefit and ease of his ways and 
bridges, as well as a good; and bad people might 
purchase good charters. Surely the better works of 
perpetuity in princes are those, that wash the inside 
of the cup; such as are foundations of colleges and 
lectures for learning and education of youth ; like- 
wise foundations and institutions of orders and fra- 
ternities, for nobleness, enterprise, and obedience, 
and the like. But yet these also are but like plan- 
tations of orchards and gardens, in plots and spots of 
ground here and there; they do not till over the 
whole kingdom, and make it fruitful, as doth the 
establishing of good laws and ordinances; which 
makes a whole nation to be as a well-ordered college 
or foundation. 

This kind of work, in the memory of times, is 
rare enough to shew it excellent: and yet not so 
rare, as to make it suspected for impossible, incon- 
venient, or unsafe. Moses, that gave laws to the 
Hebrews, because he was the scribe of God himself, 
is fitter to be named for honour’s sake to other law- 
givers, than to be numbered or ranked amongst 
them. Minos, Lycurgus, and Solon, are examples 
for themes of grammar scholars. For ancient per- 
sonages and characters now-a-days use to wax 
children again ; though that parable of Pindarus be 


one : OF A DIGEST OF LAWS. 


true, the best thing is water: for common and trivial 
things are many times the best, and rather despised 
upon pride, because they are vulgar, than upon 
cause or use. Certain it is, that the laws of those 
three lawgivers had great prerogatives. The first 
of fame, because they were the pattern amongst the 
Grecians: the second of ‘lasting, for they continued 
longest without alteration: the third, of a spirit of 
reviver, to be often oppressed, and often restored. 
Amongst the seven kings of Rome four were 
law-givers : for it is most true, that a discourser of 
Italy saith ; “there was never state so well swaddled 
“in the infancy, as the Roman was by the virtue of 
‘‘ their first kings; which was a principal cause of 
“the wonderful growth-of that state in after-times.” 
The Decemvirs’ laws were laws upon laws, not 
the original ; for they grafted laws of Grecia upon 
the Roman stock of laws and customs: but such was 
their success, as the twelve tables which they com- 
piled were the main body of the laws which framed 
and wielded the great body of that estate, These 
lasted a long time, with some supplementals and the 
Pretorian edicts ‘in albo ;” which were, in. respect 
of laws, as writing tables in respect of brass; the 
one to be put in and out, as the other is permanent. 
Lucius Cornelius Sylla reformed the laws of Rome: 
for that man had three singularities, which never 
tyrant had but he; that he was a lawgiver, that 
he took part with the nobility, and that he turned 
private man, not upon fear, but upon confidence. 
Cesar long after desired to imitate him only in 


OF A DIGEST OF LAWS. 357 


the first, for otherwise he relied upon new men; 
and for resigning his power Seneca describeth him 
right; “Cesar gladium cito condidit,- nunquam 
“ posuit,” Cesar soon sheathed his sword, but never 
put it off. And himself took it upon him, saying in 
scorn of Sylla’s resignation ; ‘“ Sylla nescivit literas, 
“dictare non potuit,” “ Sylla knew no letters, he 
“ could not dictate.” But for the part of a lawgiver, 
Cicero giveth him the attribute ;. ‘‘ Casar, si-ab eo 
“ quereretur, quid egisset in toga; leges se res- 
“‘ pondisset multas et preclaras tulisse;” “ If you 
“had asked Caesar what he did in the gown, he 
“ would have answered, that he made many ex- 
‘‘ cellent laws.” His nephew Augustus did tread the 
same steps, but with deeper print, because of his 
long reign in peace; whereof one of the poets of his 
time saith, , 
“Pace data terris, animum ad civilia vertit 
“ Jura suum; legesque tulit justissimus auctor.” 

From that time there was such a race of wit and 
authority, between the commentaries and decisions 
of the lawyers, and the edicts of the emperors, as 
both law and lawyers were out of breath. Where- 
upon Justinian in the end recompiled both, and made 
a body of laws such as might be wielded, which 
himself calleth gloriously, and yet not above truth, 
the edifice or structure of a sacred temple of justice, 
built indeed out of the former ruins of books, as 
materials, and some novel constitutions of his own. 

In Athens they had Sexviri, as Aéschines ob- 
serveth, which were standing commissioners, who 


358 OF A DIGEST OF LAWS. 


did watch to discern what laws waxed improper for 
the times, and what new law did in any branch cross 
a former law, and so “ex officio” propounded their 
repeal. 

~ King Edgar collected the laws of this kingdom, 
and gave them the strength of a faggot bound, which 
formerly were dispersed ; which was more glory to 
him, than his sailing about this island with a potent 
fleet : for that was, as the Scripture saith, “ via navis 
“in mari,” “the way of aship in the sea ;” it vanished, 
but this lasteth. Alphonso the wise, the ninth of 
that name, king of Castile, compiled the digest of 
the laws of Spain, intitled the “ Siete Partidas;” an 
excellent work, which he finished in seven years. 
And as Tacitus noteth well, that the Capitol, though 
built in the beginnings of Rome, yet was fit for the 
great monarchy that came after; so that building of 
laws sufficeth the greatness of the empire of Spain, 
which since hath ensued. 

Lewis XI. had it in his mind, though he per- 
formed it not, to have made one constant law of 
France, extracted out of the civil Roman law, and 
the customs of provinces which are various, and the 
king’s edicts, which with the French are statutes. 
Surely he might have done well, if, like as he brought 
the crown, as he said himself, from Page, so he had 
brought his people from Lackey ; not to run up and 
down for their laws to the civil law, and the or- 
dinances and the customs and the discretions of 
courts, and discourses of philosophers, as they use 
to do. 


OF A DIGEST OF LAWS. 359 


King Henry VIII. in the twenty-seventh year of 
his reign, was authorized by parliament to no- 
minate thirty-two commissioners, part ecclesiastical, 
and part temporal, to purge the canon law, and to 
make it agreeable to the law of God, and the law of 
the land ; but it took not effect: for the acts of that 
king were commonly rather proffers and fames, than 
either well-grounded, or well pursued : but, I doubt, 
I err in producing so many examples. For as 
Cicero said to Cesar, so I may say to your majesty, 
* Nil vulgare te dignum videri possit.” Though 
indeed this well understood is far from vulgar: for 
that the laws of the most kingdoms and states have 
been like buildings of many pieces, and patched up 
from time to time according to occasions, without 
frame or model. 

Now for the laws of England, if I shall speak 
my opinion of them without partiality either to my 
profession or country, for the matter and nature of 
them, I hold them wise, just, and moderate laws: 
they give to God, they give to Cesar, they give to 
the subject, what appertaineth. It is true they are 
as mixt as our language, compounded of British, 
Roman, Saxon, Danish, Norman customs: and surely 
as our language is thereby so much the richer, so 
our laws are likewise by that mixture the’ more 
complete. 

Neither doth this attribute less to them, than 
those that would have them to have stood out the 
same in all mutations. For no tree is so good first 
set, as by transplanting and grafting. I remember 


ss 


360 OF A DIGEST OF LAWS. 


what happened to Callisthenes, that followed Alex- 
ander’s court, and was grown into some displeasure 
with him, because he could not well brook thé Per- 
sian adoration. At a supper, which with the Gre- 
cians was a great part talk, he was desired, the king 
being present, because he was an eloquent man, to 
speak of some theme, which he did ; and chose for his 
theme, the praise of the Macedonian nation, which 
though it were but a filling thing to praise men 
to their faces, yet he performed it with such advan- 
tage of truth, and avoidance of flattery, and with 
such life, as was much applauded by the hearers. 
The king was the less pleased with it, not loving the 
man, and by way of discountenance said: It was 
easy to be a good orator in a pleasing theme: 
“ But,” saith he to him, “ turn your style, and tell 
“ us now of our faults, that we may have the profit, 
«and not you the praise only ;” which he presently 
did-with such quickness, that Alexander said, That 
malice made him eloquent then, as the theme had 
done before. I shall not fall into either of these ex- 
tremes, in this subject of the laws of England; I 
have commended them before for the matter, but 
surely they ask much amendment for the form ; 
which to reduce and perfect, I hold to be one of the 
greatest dowries that can be conferred upon this 
kingdom: which work, for the excellency, as it is 
worthy your majesty’s act and times, so it hath some 
circumstance of propriety agreeable to your person. 
God hath blessed your majesty with posterity, and I 
am not of opinion that kings that are barren are 


OF A DIGEST OF LAWS. 361 


fittest to supply perpetuity of generations by perpe- 
tuity of noble acts; but contrariwise, that they that 
leave posterity are the more interested in the care of 
future times; that as well their progeny, as their 
people, may participate of their merit. 

Your majesty is a great master in justice and ju- 
dicature, and it were pity the fruit of that your vir- 
tue should not be transmitted to the ages to come. - 
Your majesty also reigneth in learned times, the 
more, no doubt, in regard of your own perfection in 
learning, and your patronage thereof. And it hath 
been the mishap of works of this nature, that the 
less learned time hath, sometimes, wrought upon the 
more learned, which now will. not be so. As for 
myself, the law was my profession, to which I am a 
debtor : some little helps TI have of other arts, which 
may give form to matter: and I have now, by God’s 
merciful chastisement, and by his special providence, 
time and leisure to put my talent, or half talent, or 
what it is, to such exchanges as may perhaps ex- 
ceed the interest of an active life. Therefore, as in 
the beginning of my troubles I made offer to your 
majesty to take pains in the story of England, and 
in compiling a method and digest of your laws, so 
have I performed the first, which rested but upon 
myself, in some part : and I do in all humbleness re- 


_ new the offer of this latter, which will require help 


and assistance, to your majesty, if it shall stand 
with your good pleasure to employ my service 
therein. 


A 


CERTIFICATE TO HIS MAJESTY, 


TOUCHING THE PROJECTS OF 


SIR STEPHEN PROCTOR, 


RELATING TO 


THE PENAL LAWS. 


IT MAY PLEASE YOUR SACRED MAJESTY, 
Wits the first free time from your majesty’s service 
of more present dispatch, I have perused the pro- 
jects of Sir Stephen Proctor, and do find it a 
collection of extreme diligence and inquisition, and 
more than I thought could have met in one man’s 
knowledge. For though it be an easy matter to 
run over many offices and professions, and to note in 
them general abuses or deceits; yet, nevertheless, 
to point at and trace out the particular and covert 
practices, shifts, devices, tricks, and, as it were, 
stratagems in the meaner sort of the ministers of 
justice or public service, and to do it truly and 
understandingly, is a discovery whereof great good 
use may be made for your majesty’s service and good 
of your people. But because this work, I doubt 
not, hath been to the gentleman the work of years, 
whereas my certificate must be the work but of 
hours or days, and that it is commonly and truly said, 


CERTIFICATE TOUCHING THE PENAL LAWs. 363 


that he that embraceth much, straineth and holdeth 
the less, and that propositions have wings, but opera- 
tion and execution have leaden feet ; I most humbly 
desire pardon of your majesty, if I do for the present 
only select some one or two principal points, and 
certify my opinion thereof; reserving the rest as a 
sheaf by me to draw out, at further time, further 
matter for your majesty’s information for so much as 
I shall conceive to be fit or worthy the consideration. 

For that part, therefore, of these projects which 
concerneth penal laws, I do find the purpose and 
scope to be, not to press a greater rigour or severity 
in the execution of penal laws; but to repress the 
abuses in common informers, and some clerks and 
under-ministers, that for common gain partake with 
them: for if it had tended to the other point, I for 
my part should be very far from advising your 
majesty to give ear unto it. For as it is said in the 
psalm, “ If thou, Lord, should be extreme to mark 
“ what is done amiss, who may abide it?” So it is 
most certain, that your people is so ensnared in a 


“multitude of penal laws, that the execution of them 


cannot be borne. And as it followeth; “ But with 
*‘ thee is mercy, that thou mayest be. feared :” so it 
is an intermixture of mercy and justice that will 
bring you fear and obedience: for too much rigour 
makes people desperate. And therefore to leave 
this, which was the only blemish of king Henry VII.’s 
reign, and the unfortunate service of Empson and 
Dudley, whom the people’s curses, rather than any 
law, brought to overthrow ; the other work is a work 


364 CERTIFICATE TOUCHING THE PENAL LAWS. 


not only of profit to your majesty, but of piety 
towards your people. For if it be true in any 
proportion, that within these five years of your 
majesty’s happy reign, there hath not five hundred 
pounds benefit come to your majesty by penal laws, 
the fines of the Star-chamber, which are of a higher 
kind, only excepted, and yet, nevertheless, there 
hath been a charge of at least fifty thousand pounds, 
which hath been laid upon your people, it were 
more than time it received a remedy. 

This remedy hath been sought by divers statutes, 
as principally by a statute in 18, and another of 
31, of the late queen of happy memory. But I 
am of opinion, that the appointing of an officer 
proper for that purpose, will do more good than 
twenty statutes, and will do that good effectually, 
which these statutes aim at intentionally. 

And this I do allow of the better, because it is 
none of those new superintendencies, which I see 
many times offered upon pretence of reformation, as 
if judges did not their duty, or ancient and sworn 
officers did not their duty and the like: but it 
is only to set a.custos or watchman, neither over 
judges nor clerks, but only over a kind of people 
that cannot be sufficiently watched or overlooked, 
and that is, the common promoters or informers : 
the very awe and noise whereof will do much good, 
and the practice much more. 

I will therefore set down first, what is the abuse 
or inconvenience, and then what is the remedy which 
may be expected from the industry of this officer. 


CERTIFICATE TOUCHING THE PENAL LAWS. 


365 


And I will divide it into two parts, the one, for that 
that may concern the ease of your people, for with 
that will I crave leave to begin, as knowing it to be 
principal in your majesty’s intention, and the other 
for that, that may concern your majesty’s benefit. 


Concerning the ease of his majesty’s subjects; 
polled and vexed by common informers. 


THE ABUSES OR INCONVE- 
NIENCIES. 


1. An informer exhibits 
an information, and in 
that one information he 
will put an hundred se- 
veral subjects of this in- 
formation. | Every one 
shall take out copies, and 
every one shall put in 
This 
will cost perhaps an hun- 
dred marks: that done, no 
further proceeding. But 
the clerks have their fees, 
and the informer hath his 
dividend for bringing the 
water tothe mill. 

It is to be noted, that 
this vexation is not met 
with by any statute, For 
it is no composition, but 


his several answer. 


THE REMEDIES BY THE IN- 
DUSTRY OF THE OFFICER. 


1. The officer by his 
diligence finding this case, 
is. to inform the court 
thereof, who thereupon 
may grant good costs 
against the informer, to 
every of the subjects 
vexed: and withal not 
suffer the same informer 
to revive his information 
against any of them; and 
lastly, fine him, as for a 
misdemeanor and abuse 
of justice :-and by that. 
time a few of such ex- 
amples be made, they, 
will be soon weary of 
that pee 


366 


a discontinuance; and 
in that case there is no 
penalty, but costs: and 
the poor subject will never 
sue for his costs, lest. it 
awake the informer to re- 
vive his information, and 
so it escapeth clearly. 

2. Informers receive 
pensions of divers persons 
to forbear them. And 
this is commonly of prin- 
cipal offenders, and of 
the wealthiest sort of 
tradesmen. For if one 
tradesman may presume 
to break the law, and 
another not, he will be 
soon richer than his fel- 
lows. As for example, 
if one draper may use 
tenters, because he is in 
fee with an informer, and 
others not, he will soon 
outstrip the good trades- 
man that keeps the law. 

And if it be thought 
strange that any man 
should seek his peace by 
one informer, when he 
lieth open to all, the ex- 


CERTIFICATE TOUCHING THE PENAL LAWS. 


2. This is an abuse 
that appeareth not by 
any proceeding in court, 
because it is before suit 
commenced, and therefore 
requireth a particular en- 
quiry. 

But when it shall be 
the care and cogitation of 
one man to overlook in- 
formers, these things are 
easily discovered : for let 
him but look who they be 
that the informer calls 
in question, and hearken 
who are of the same trade 
in the same place and are 
spared, and it will be 
easy to trace a bargain. 

In this case, having 
discovered the abuse, he 
ought to inform the ba- 
rons of the exchequer, 


CERTIFICATE TOUCHING THE PENAL LAWS, 


perience is otherwise: for 
one informer will bear 
with the friend of another, 
looking for the like mea- 
sure. 

And besides, they 
have devices to get prio- 
rity of information, and 
to put in an information 
“de bene esse,” to pre- 
vent others, and to pro- 
tect their pensioners. 

And if it be said this 
is a pillory matter to the 
informer, and therefore 
he will not attempt it; 
although therein the sta- 
tute is a little doubtful : 
yet if hanging will not 
keep thieves from steal- 
ing, it is not pillory will 
keep informers from poll- 
ing. 

And herein Sir Ste- 
phen addeth a notable 
circumstance: that they 
will peruse a trade, as of 
brewers or victuallers, and 
if any stand out, and will 
not be in fee, they will 
find means to have a dozen 


367 


and the king’s learned 
counsel, that by the Star- 
chamber, or otherwise, 
such taxers of the king’s 
subjects may be punished. 


368 


informations come upon 
him at once. 

3. The subject is often 
for the same offence vexed 
by several informations : 
sometimes the one infor- 
mer not knowing of the 
other ; and often by con- 
federacy, to weary the 
party with charge: upon 
every of which goeth pro- 
cess, and of every of them 
he must take copies, and 
make answers, and so re- 
lieve himself by motion 
of the court if he can; 
all which multiplieth 
charge and trouble. 


Concerning the King’s 


by a moderate prosecution 


THE ABUSES OR INCONVENI- 
ENCES. 


1, After an informa- 
tion is exhibited and an- 
swered, for so the statute 
requires, the informer for 


CERTIFICATE TOUCHING THE PENAL LAWS. 


3. The officer keep- 
ing a book of all the in- 
formations put in, with a 
brief note of the matter, 
may be made acquainted 
with all informations to 
come in: and if he finda 
precedent for the same 
cause, he may inform 
some of the barons, that 
by their order the receiv- 
ing of the latter may be 
stayed without any charge 
to the party at all; so as 
it appear by the due pro- 
secution of the former, 
that it is not a suit by 
collusion to protect the 


party. 


benefit, which may grow 
of some penal laws. 


THE REMEDIES, 


1. The officer in this 
point is to perform his 
greatest service to the 
king, in soliciting for the 


CERTIFICATE TOUCHING THE PENAL LAWS. 


the most part groweth to 
composition with the de- 
fendant; which he can- 
not do without peril of 
the statute, except he 
have licence from the 
court, which licence he 
ought to return by order 
and course of the court, 
together with a declara- 
tion upon his oath of 
that he 
takes for the composition. 


the true sum 


Upon which licence so 
returned, the court is to 
tax a fine for the king. 
This ought to be, but 
as it is now used, the li- 
cence is seldom returned. 
And although it contain 
a clause that the licence 
shall be void, if it be not 
duly returned; yet the 
manner is to suggest that 
they are still in terms of 
composition, and so to 
obtain new days, and to 
linger it on till a parlia- 
ment and a pardon come. 
Also, when the licence 
is returned, and there- 
VOL. V. 


369 


king in such sort as li- 
cences be duly returned, 
the deceits of these frau- 
dulent compositions dis- 
covered, and fines may be 
set for the king in some 
good proportion, having 
respect to the values both 
of the 
person : 
fines are not to be deli- 
vered, as moneys given by 


matter and the 
for the king’s 


the party, “ ad redimen- 
dam vexationem,” but as 
moneys given “ ad redi- 
mendam culpam et peenam 
legis ;” and ought to bein 
such quantity, as may not 
make the laws altogether 
trampled down and con- 
temned. Therefore the 
officer ought first to be 
made acquainted with 
every licence, that he may 
have an eye to the sequel 
of it: then ought he to be 
the person that ought to 
prefer unto the judges or 
barons, as. well the bills 
for the taxations of the 
fines, as. the orders: for 
BB 


370 


upon the judge or baron 
to sesse a fine; there is 
none for the king to in- 
form them of the nature 
of the offence; of the 
value to grow to the king 
if the suit prevail; of 
the ability of the person, 
and the like. By reason 
whereof, the fine that is 
set is but a trifle, as 20, 
30, or 40s. and it runs in 
a form likewise which I 
do not well like: for it 
is “ut parcatur misis,” 
which purporteth, as if 
the party did not any 
way submit himself, and 
take the composition as 
of grace of the court, but 
as if he did justify him- 
self, and were content to 
give a trifle to avoid 
charge. 

Which point of form 
hath a shrewd conse- 
quence: for it is some 
ground that the fine is 
set too weak. 

And as for the infor- 
mer’s oath touching his 


CERTIFICATE TOUCHING THE PENAL LAWS. 


giving further days, to 
the end that the court 
may be duly informed 
both of the weight of 
causes, and the delays 
therein used; and lastly, 
he is to see that the fines 
sessed be duly put in pro- 
cess, and answered. 


ee 


1: 


CERTIFICATE TOUCHING THE PENAL LAWS. 


composition, which is 
commonly a trifle, and is 
the other ground of the 
smallness of the fine, it is 
no doubt taken with an 
equivocation : as taking 
such a sum in name of a 
composition, and some 
greater matter by somein- 
direct or collateral mean. 
Also, these fines, light 

as they be, are seldom an- 
swered and putin process, 
2.An information goeth 
on to trial, and passeth 
for the king. In this case 
of recovery, the informer 
will be satisfied, and will 
take his whole moiety, 
for that he accounts to be 
nocomposition: that done, 
none will be at charge to 
return the“ postea,” and to 
procure judgment and ex- 
ecution for the king. For 
the informer hath that he 
sought for, the clerks will 
do nothing without fees 
paid, which there being 
no man to prosecute, there 
ean be no man likewise 


371 


2. The officer is to fol- 
low for the king, that the 
“ posteas” be returned. 


372 CERTIFICATE TOUCHING THE PENAL LAWS, 


to pay; and so the king 
loseth his moiety, when his 
title appears by verdict. 

3. It falleth out some- 
times in informations of 
weight, and worthy to be 
prosecuted, the informer 
dieth, or falls to poverty, 
or his mouth is stopped, 
and yet so as no man can 
charge him with compo- 
sition, and so the matter 
dieth. 

4, There be sundry sei- 
zures made, in case where 
the laws give seizures, 
which are released by 
agreements underhand, 
and so money wrested 
from the subject, and no 
benefit to the king. 

All seizures once made 
ought not to be dis- 
charged, but by order of 
the court, and therefore 
some entry ought to be 
made of them. 


3. The officer in such 
case is to inform the king’s 
learned counsel, that they 


may prosecute if they 
think fit. 


4, The officer is to take 
knowledge of such sei- 
zures, and to give infor- 
mation to the court con- 
cerning them. 

This is of more diffi- 
culty, because seizures are 
matter in fact, whereas 
suits are matter of record: 
and it may require more 
persons to be employed, 
as at the ports, where is 
much abuse. 


There be other points wherein the officer may 
be of good use, which may be comprehended in his 
grant or instructions, wherewith I will not now 


— 


CERTIFICATE TOUCHING THE PENAL LAWs. 373 


trouble your majesty, for I hold these to be the 
principal. 

Thus have I, according to your majesty’s refer- 
ence, certified my opinion of that part of Sir Stephen 
Proctor’s projects, which concerneth penal laws: 
which I do wholly and most humbly submit to your 
majesty’s high wisdom and judgment, wishing withal 
that some conference may be had by Mr. Chancellor 
and the barons and the rest of the learned counsel, 
to draw the service to a better perfection. And 
most specially that the travels therein taken may be 
considered and discerned of by the lord treasurer, 
whose care and capacity is such, as he doth always 
either find or choose that which is best for your 
majesty’s service. 


The recompence ‘unto the gentleman, it is not. 


my part to presume to touch, otherwise than to put 
your majesty in remembrance of that proportion, 
which your majesty is pleased to give to others out 
of the profits they bring in, and perhaps with a great 
deal less labour and charge. 


ADVICE TO THE KING, 


TOUCHING 


MR. SUTTON’S ESTATE. 


MAY IT PLEASE YOUR MAJESTY, | 
I FIND it a positive precept of the old law, that there 
should be no sacrifice without salt: the moral whereof, 
besides the ceremony, may be, that God is not 
pleased with the body of a good intention, except it 
be seasoned with that spiritual wisdom and judgment, 
as it be not easily subject to be corrupted and per- 
verted: for salt, in the Scripture, is a figure both of 
wisdom and lasting. This cometh into my mind 
upon this act of Mr. Sutton, which seemeth to me as 
a sacrifice without salt; having the materials of a 
good intention, but not powdered with any such. 
ordinances and institutions as may preserve the same 
from turning corrupt, or at least from becoming 
unsavory, and of little use. For though the choice 
of the feoffees be of the best, yet neither can they 
always live; and the very nature of the work itself, 
in the vast and unfit proportions thereof, being apt 
to provoke a misemployment; it is no diligence of 
theirs, except there be a digression from that model, 
that can excuse it from running the same way that 
gifts of like condition have heretofore done. For to 
design the Charterhouse, a building fit for a prince’s 


ADVICE ABOUT THE CHARTERHOUSE. 375 


habitation, for an hospital, is all one as if one should 
give in alms a rich embroidered cloak to a beggar. 
And certainly a man may sce, “ tanquam que oculis 
“‘ cernuntur,” that if such an edifice, with six. thou- 
sand pounds revenue, be erected into one hospital, it 
will in small time degenerate to be made a prefer- 
ment of some great person to be master, and he to 
take all the sweet, and the poor to be stinted, and 
take but the crumbs; as it comes to pass in divers 
hospitals of this realm, which have but the names of 
hospitals, and are only wealthy benefices in respect 
of the mastership; but the poor, which is the 
“ propter quid,” little relieved. And the like hath 
been the fortune of much of the alms of the Roman 
religion in their great foundations, which being 
begun in vain-glory and ostentation, have had their 
judgment upon them, to end in corruption and 
abuse. ‘This meditation hath made me presume to 
write these few lines to your majesty; being no 
better than good wishes, which your majesty’s great 
wisdom may make something or nothing of, 
Wherein I desire to be thus understood, that if 
this foundation, such as it is, be perfect and good in 
law, then I am too well acquainted with your 
majesty’s disposition, to advise any course of power 
or profit that is not grounded upon a right: nay 
farther, if the defects be such as a court of equity 
may remedy and cure, then I wish that as St. Peter’s 
shadow did cure diseases, so the very shadow of a 
good intention may cure defects of that nature. But 
if there be a right, and birth-right planted in the 


376 ADVICE ABOUT THE CHARTERHOUSE. 


heir, and not remediable by. courts of equity, and 
that right be submitted to your majesty, whereby it 
is both in, your power and grace what to do; then I 
do wish that this. rude mass and chaos of a good 
deed were directed rather to a solid merit, and 
durable charity, than to a blaze of glory, that will 
but crackle a little in talk, and quickly extinguish. 

. And this may be done, observing the species of 
Mr. Sutton’s intent, though varying “in individuo °” 
for it appears that he had in notion a triple good, an 
hospital, and a school, and maintaining of a preacher : 
which individuals refer to these three general heads; 
relief of poor, advancement of learning, and pro- 
pagation of religion. Now then if I shall set before 
your majesty, in every of these three kinds, what it 
is that is most wanting in your kingdom; and what 
is like to be the most fruitful and effectual use of 
such a beneficence, and least like to be perverted ; 
that, I think, shall be no ill scope of my labour, how 
meanly soever performed; for out of variety repre- 
sented, election may be best grounded. 

Concerning the relief of the poor ; I hold some 
» number of hospitals, with competent endowments, 
will do far more good than one hospital of an’ exor- 
bitant greatness : for though the one course will be 
the more seen, yet the other will be the more felt. 
For if your majesty erect many, besides the observ- 
ing the ordinary maxim, “ Bonum, quo communius, 
“ eo melius,” choice may be made of those towns and 
places where there is most need, and so the remedy 
may be distributed as the disease is dispersed. Again, 


ADVICE ABOUT THE CHARTERHOUSE. 377 


greatness of relief, accumulated in one place, doth 
rather invite a swarm and surcharge of poor, than 
relieve those that are naturally bred in that place ; 
like to ill-tempered medicines, that draw more 
humour to the part than they evacuate from it. 
But chiefly I rely upon the reason that I touched in 
the beginning, that in these great hospitals the 
revenues wil! draw the use, and not the use the 
revenues; and so, through the mass of the wealth, 
they will swiftly tumble down to a misemployment. 
And if any man say, that in the two hospitals 
in London there is a precedent of greatness con- 
curring with good employment; let him consider 
that those hospitals have annual governors, that they 
are under the superior care and policy of such a 
state as the city of London; and chiefly, that their 
revenues consist not upon certainties, but upon 
casualties and free gifts; which gifts would be 
withheld, if they appeared once to be perverted ; so 
as it keepeth them in a continual good behaviour 
and awe to employ them aright; none of which 
points do match with the present case. 

The next consideration may be, whether this in- 
tended hospital, as it hath a more ample endowment 
than other hospitals have, should not likewise work 
upon a better subject than other poor; as that it 
should be converted to the relief of maimed soldiers, 
decayed merchants, householders aged, and destitute 
churchmen, and the like; whose condition, being of 
a better sort than loose people and beggars, deserveth 
both a more liberal stipend and allowance, and some 


378 ADVICE ABOUT THE CHARTERHOUSE. 


proper place of relief, not intermingled or coupled 
with the basest sort of poor; which project, though 
specious, yet in my judgment, will not answer the 
designment in the event, in these our times. For 
- certainly few men in any vocation, which have been 
somebody, and bear a mind somewhat according to 
the conscience and remembrance of that they have 
been, will ever descend to that condition, as to 
profess to live upon alms, and to become a cor- 
poration of declared beggars; but rather will choose 
to live obscurely, and as it were to hide themselves 
with some private friends: so that the end of such 
an institution will be, that it will make the place a 
receptacle of the worst, idlest, and most dissolute 
persons of every profession, and to become a cell of 
loiterers, and cast serving-men, and drunkards, with 
scandal rather than fruit to the commonwealth. 
And of this kind I can find but one example with us, 
which is the alms-knights of Windsor; which parti- 
cular would give a man small encouragement to 
follow that precedent. 

Therefore the best effect of hospitals is, to make 
the kingdom, if it were possible, capable of that law, 
that there be no beggar in Israel: for it is that kind 
of people that is a burden, an eye-sore, a scandal, 
and a seed of peril and tumult in the state. But 
chiefly it were to be wished, that such a benefi- 
cence towards the relief of the poor were so bestowed, 
as not only the mere and naked poor should be 
sustained, but also, that the honest person which 
hath hard means to live, upon whom the poor are 


ADVICE ABOUT THE CHARTERHOUSE. 379 


now charged, should be in some sort eased: for 
that were a work generally acceptable to the king- 
dom, if the public hand of alms might spare the 
private hand of tax: and therefore, of all other 
employments of that kind, I commend most houses 
of relief and correction, which are mixt hospitals; 
where the impotent person is relieved, and the sturdy 
beggar buckled to work; and the unable person 
also not maintained to be idle, which is ever joined 
with drunkenness and impurity, but is sorted with 
such work as he can manage and perform; and 
where the uses are not distinguished, as in other 
hospitals; whereof some are for aged and impotent, 
and some for children, and some for correction of 
vagabonds; but are general and promiscuous: so 
that they may take off poor of every sort from the 
country as the country breeds them: and thus the 
poor themselves shall find the provision, and other 
people the sweetness of the abatement of the tax. 
Now if it be objected, that houses of correction in 
all places have not done the good expected, as it 
cannot be denied, but in most places they have done 
much good, it must be remembered that there is a 
great difference between that which is done by the 
distracted government of justices of peace, and that 
which may be done by a settled ordinance, subject 
to a regular visitation, as this may be. And besides, 
the want hath been commonly in houses of correction 
of a competent and certain stock, for the materials 
of the labour, which in this case may be likewise 
supplied. 


380 ADVICE ABOUT THE CHARTERHOUSE, 


Concerning the advancement of learning, I do 
subscribe to the opinion of one of the wisest and 
greatest men of your kingdom: That for grammar 
schools there are already too many, and therefore no 
providence to add where there is excess: for the 
great number of schools which are in your highness’s 
realm, doth cause a want, and doth cause likewise an 
overflow; both of them inconvenient, and one of 
them dangerous. For by means thereof they find 
want in the country and towns, both of servants for 
husbandry, and apprentices for trade: and on the 
other side, there being more scholars bred, than the 
state can prefer and employ; and the active part of 
that life not bearing a proportion to the preparative, 
it must needs fall out, that many persons will be 
bred unfit for other vocations, and unprofitable for 
that in which they are brought up; which fills the 
realm full of indigent, idle, and wanton people, 
which are but “ materia rerum novarum.” 

Therefore, in this point, I wish Mr. Sutton’s in- 
tention were exalted a degree; that that which he 
meant for teachers of children, your majesty should 
make for teachers of men; wherein it hath been my 
ancient opinion and observation, that in the univer- 
sities of this realm, which I take to be of the best 
endowed universities of Europe, there is nothing 
more wanting towards the flourishing state of 
learning, than the honourable and plentiful salaries 
of readers in arts and professions. In which point, 
as your majesty’s bounty already hath made a 
beginning, so this occasion is offered of God to make 


ADVICE ABOUT THE CHARTERHOUSE. 381 


a proceeding. Surely, readers in the chair are as 
the parents in sciences, and deserve to enjoy a con- 
dition not inferior to their children that embrace the 
practical part; else no man will sit longer in the 
chair, than till he can walk to a better preferment : 
and it will come to pass as Virgil saith, 


“ Ut patrum invalidi referant jejunia nati.” 


For if the principal readers, through the meanness of 
their entertainment, be but men of superficial learn- 
ing, and that they shall take their place but in pas- 
sage, it will make the mass of sciences want the chief 
-and solid dimension, which is depth; and to become 
but pretty and compendious habits of practice. 
Therefore I could wish that in both the universities, 
the lectures as well of the three professions, divinity, 
law, and physic; as of the three, heads of science, 
philosophy, arts of speech, and the mathematics ; 
were raised in their pensions unto 100/. per annum 
apiece: which though it be not near so great as they 
are in some other places, where the greatness of the 
reward doth whistle for the ablest men out of all 
foreign parts to supply the chair; yet it may be a 
portion to content a worthy and able man; if he be 
likewise contemplative in nature, as those spirits are 
that are fittest for lectures: Thus may learning in 
your kingdom be advanced to a farther. height; 
learning, I say, which under your majesty, the most 
learned of kings, may claim some degree of eleva- 
tion. 


Concerning propagation of religion, I shall in 


382 ADVICE ABOUT THE CHARTERHOUSE. 


few words set before your majesty three propositions ; 
none of them devices of mine own, otherwise than 
that I ever approved them; two of which have been 
in agitation of speech, and the third acted. 

The first is a college for controversies, whereby 
we shall not still proceed single, but shall, as it were, 
double our files; which certainly will be found in 
the encounter. 

The second is a receipt, I like not the word 
seminary, in respect of the vain vows, and implicit 
obedience, and other things tending to the pertur- 
bation of states, involved in that term, for converts 
to the reformed religion, either of youth or othewise ; 
for I doubt not but there are in Spain, Italy, and 
other countries of the papists, many whose hearts are 
touched with a sense of those corruptions, and an 
acknowledgment of a better way; which grace is 
many times smothered and choked, through a worldly 
consideration of necessity and want; men not know- 
ing where to have succour and refuge. This likewise 
I hold a work of great piety, and a work of great 
consequence; that we also may be wise in our 
generation; and that the watchful and silent night 
may be used as well for sowing of good seed, as of 
tares. 

The third is, the imitation of a memorable and 
religious act of queen Elizabeth; who finding a part 
of Lancashire to be extremely backward in religion, 
and the benefices swallowed up in impropriations, 
did, by decree in the duchy, erect four stipends of 
100/. per annum apiece for preachers well chosen to 


ADVICE ABOUT THE CHARTERHOUSE. 383 


help the harvest, which have done a great deal of 
good in the parts where they have laboured. Neither 
do there want other corners in the realm, that would 
require for a time the like extraordinary help. 

Thus have I briefly delivered unto your majesty 
mine opinion touching the employment of this 
charity ; whereby that mass of wealth, which was in 
the owner little better than a stack or heap of muck, 
may be spread over your kingdom to many fruitful 
purposes; your majesty planting and watering, and 
God giving the increase. 


CERTAIN OBSERVATIONS 


UPON 


A LIBEL PUBLISHED THIS PRESENT YEAR, 1592, 


INTITLED, 


A DECLARATION OF THE TRUE CAUSES OF THE GREAT TROUBLES PRE- 
SUPPOSED TO BE INTENDED AGAINST THE REALM OF ENGLAND. 


Ir were just and honourable for princes being in 
wars together, that howsoever they prosecute their 
quarrels and debates by arms and acts of hostility ; 
yea, though the wars be such, as they pretend the 
utter ruin and overthrow of the forces and states 
one of another, yet they so limit their passions as 
they preserve two things sacred and inviolable ; that 
is, the life and good name each of other. For the 
wars are no massacres and confusions ; but they are 
the highest trials of right ; when princes and states, 
that acknowledge no superior upon earth, shall put 
themselves upon the justice of God for the deciding 
of their controversies by such success, as it shall 
please him to give on either side. And as in the 
process of particular pleas between private men, all 
things ought to be ordered by the rules of civil laws; 
so in the proceedings of the war, nothing ought to 
be done against the law of nations, or the law of 
honour ; which laws have ever pronounced these two | 
sorts of men, the one, conspirators against the 
persons of princes ; the other, libellers against their 


OBSERVATIONS ON A LIBEL. 385. 


good fame; to be such enemies of common society 
as are not to be cherished, no not by enemies. For in 
the examples of times, which were less corrupted, we 
find that when in the greatest heats and extremities 
of wars, there have been made offers of murderous 
and traitorous attempts against the person of a 
prince to the enemy, they have been not only  re- 
jected, but also revealed: and in like manner, when 
dishonourable mention hath been made of a prince 
before an enemy prince, by some that have thought 
therein to please his humour, he hath shewed him- 
self, contrariwise, utterly distasted therewith, and 
been ready to contest for the honour of an enemy.’ - 

According to which noble and magnanimous kind 
of proceeding, it will be found, that in the whole 
course of her majesty’s proceeding with the king of 
Spain, since the amity interrupted, there was never 
any project by her majesty, or any of her ministers, 
either moved or assented unto, for the taking away 
of the life of the said king: neither hath there been 
any declaration or writing of estate, no nor book 
allowed, wherein his honour hath been touched or 
taxed, otherwise than for his ambition; a point 
which is necessarily interlaced with her majesty’s _ 
own justification. So that no man needeth to doubt 
but that those wars are grounded, upon her ma-— 
jesty’s part, upon just and honourable causes, which. 
have so just and honourable a prosecution; con- 
sidering it is a much harder matter when a prince is 
entered into wars to hold respect then, and not to 

VOL. V. oc 


386 OBSERVATIONS ON A LIBEL. 


be transported with passion, than to make moderate 
and just resolutions in the beginnings. 

But now if a man look on the other part, it will 
appear that, rather, as it is to be thought, by the 
solicitation of traitorous subjects, which is the only 
poison and corruption of all honourable war between 
foreigners, or by the presumption of his agents and 
ministers, than by the proper inclination of that 
king, there hath been, if not plotted and practised, 
yet at the least comforted, conspiracies against her 
majesty’s sacred person; which nevertheless God’s 
goodness hath used and turned, to shew by such 
miraculous discoveries into how near and precious 
care and custody it hath pleased him to receive her 
majesty’s life and preservation. But in the other 
point it is strange what a number of libellous and 
defamatory books and writings, and in what variety, 
with what art and cunning handled, have been 
allowed to pass through the world in all languages 
against her majesty and her government ; sometimes 
pretending the gravity and authority of church 
stories to move belief; sometimes formed into re- 
monstrances and advertisements of estate to move 
regard ; sometimes presented as it were in, tragedies 
of the persecutions of catholics to move pity ; some- 
times contrived into pleasant pasquils and satires to 
move sport: so as there is no shape whereinto these 
fellows have not transformed themselves; nor no 
humour nor affection in the mind of man to which 
they have not applied themselves; thereby to in- 


OBSERVATIONS ON A LIBEL. » Bez 


sinuate their untrtiths and abuses to the world. 
And indeed let a man look into them, and he shall 
find them the only triumphant lies that ever were 
confuted by circumstances of time and place; con- 
futed by contrariety in themselves, confuted by the 
witness of infinite persons that live yet, and have 
had particular knowledge of the matters; but yet 
avouched with such asseveration, as if either they 
were fallen into that strange disease of the mind, 
which a wise writer describeth in these words, 
“fingunt simul creduntque;” or as if they had 
received it as a principal precept and ordinance of 
their seminaries, ‘‘ audacter calumniari, semper ali- 
“ quid heret ;” or as if they were of the race which 
in old time were wont to help themselves with 
miraculous lies. But when the cause of this is 
entered into, namely, that there passeth over out of 
this realm a number of eager and unquiet scholars, 
whom their own turbulent and humourous nature 
presseth out to seek their adventures abroad; and 
that, on the other side, they are nourished rather 
in listening after news and intelligences, and in 
whisperings, than in any commendable learning ; 
and after a time, when either their necessitous estate, 
or their ambitious appetites importune them, they 
‘fall on devising how to do some acceptable service to 
that side which maintaineth them ; so as ever when 
their credit waxeth cold with foreign princes, or 
that their pensions are ill paid, or some preferment 
is in sight at which they level, straightways out 
cometh a libel, pretending thereby to keep in life 


388 OBSERVATIONS ON A LIBEL. 


the party, which within the realm is contrary to the 
state, wherein they are as wise as he that thinketh 
to kindle a fire by blowing the dead ashes; when, 
I say, a man looketh into the cause and ground of 
this plentiful yield of libels, he will cease to marvel, 
considering the concurrence which is, as well in the 
nature of the seed as in the travel of tilling and 
dressing ; yea, and in the fitness of the season for 
the bringing up of those infectious weeds. 

But to verify the saying of our Saviour, “ non 
“est discipulus super magistrum ;” as they have 
sought to deprave her majesty’s government in her- 
self, so have they not forgotten to do the same in her 
principal servants and counsellors; thinking, belike, 
that as the immediate invectives against her majesty 
do best satisfy the malice of the foreigner, so the 
slander and calumniation of her principal counsellors 
agreed best with the humours, of some malecontents 
within the realm; imagining also, that it was like 
they should be more scattered here, and freelier 
dispersed ; and also should be less odious to those 
foreigners which were not merely partial and pas- 
sionate, who have for the most part in detestation the 
traitorous libellings of subjects directly against thejy 
natural prince. 

Amongst the rest in this kind, there hath been 
published this present year of 1592, a libel that giveth 
place to none of the rest in malice and untruths ; 
though inferior to most of them in penning and style ; 
the author having chosen the vein of a Lucianist, and 
yet being a counterfeit even in that kind. This 


OBSERVATIONS ON A LIBEL. 389 


libel is intitled, ‘““ A declaration of the true causes of 
“the great troubles presupposed to be intended 
“against the realm of England;” and hath a sem- 
blance as if it were bent against the doings of her 
majesty’s ancient and worthy counsellor the lord 
Burleigh ; whose carefulness and pains her majesty 
hath used in her counsels and actions of this realm 
for these thirty-four years’ space, in all dangerous 
times, and amidst many and mighty practices; and 
with such success as our enemies are put still to their 
paper-shot of such libels as these; the memory of 
whem will remain in this land, when all these libels 
shall be extinct and forgotten; according to the 
Scripture, “ Memoria justi cum laudibus, at impio- 
rum nomen putrescet.” But it is more than evident, 
by the parts of the same book, that the author’s 
malice was to her majesty and her government, 
as may especially appear in this, that he charged not 
his lordship with any particular actions of his private 
life, such power had truth, whereas the libels made 
against other counsellors have principally insisted 
upon that part : but hath only wrested and detorted 
such actions of state, as in times of his service have 
been managed ; and depraving them, hath ascribed © 
and imputed to him the effects that have followed ; 
indeed, to the good of the realm, and the honour of 
her majesty, though sometimes to the provoking of 
the malice, but abridging of the power and means of 
desperate and incorrigible subjects. 

All which slanders, as his lordship might justly 
despise, both for their manifest untruths, and for the 


390 OBSERVATIONS ON A LIBEL. 


baseness and obscurity of the author ; so nevertheless, 
according to the moderation which his lordship useth 
in all things, never claiming the privilege of his 
authority, when it is question of satisfying the 
world, he hath been content that they be not passed 
over altogether in silence; whereupon I have, in 
particular duty to his lordship, amongst others that 
do honour and love his lordship, and that have 
diligently observed his actions, and in zeal of truth, 
collected, upon the reading of the said libel, certain 
observations, not in form of a just answer, lest I 
should fall into the error whereof Solomon speaketh 
thus, “ Answer not a fool in his own kind, lest 
“ thou also be like him ;” but only to discover the 
malice, and to reprove and convict the untruths 
thereof. 

The points, that I have observed upon the 
reading of this libel, are these following : 

I. Of the scope or drift of the libeller. 

II. Of the present estate of this realm of England, 
whether it may be truly avouched to be prosperous 
or afflicted. 

III. Of the proceedings against the pretended 
catholics, whether they have been violent, or mode- 
rate, and necessary. 

IV. Of the disturbance of the quiet of Christen- 
dom, and to what causes it may be justly imputed. 

V. Of the cunning of the libeller, in palliation 
of his malicious invective against her majesty and 
the state, with pretence of taxing only the actions 
of the lord Burleigh. 


OBSERVATIONS ON A LIBEL. 391 


VI. Certain true general notes upon the actions 
of the lord Burleigh. 

VII. Of divers particular untruths and abuses 
dispersed through the libel. . 

VIII. Of the height of impudency that these 
men are grown into, in publishing and avouching 
untruths ; with a particular recital of some of them 
for an assay. 


I. Of the scope or drift of the libeller. 

It is good advice, in dealing with cautelous and 
malicious persons, whose speech is ever at distance 
with their meanings, “ non quid dixerint, sed quo 
“ spectarint, videndum :” aman is not to regard 
what they affirm, or what they hold; but what they 
would convey under their pretended discovery, and 
what turn they would serve. It soundeth strangely 
in the ears of an Englishman, that the miseries of 
the present state of England exceed them of former 
times whatsoever. One would straightway think 
with himself, doth this man believe what he saith ? 
Or, not believing it, doth he think it possible to 
make us believe it? Surely, in my conceit, neither 
of both; but his end, no doubt, was to round the. 
pope and the king of Spain in the ear, by seeming 
to tell a tale to the people of England. For such 
books are ever wont to be translated into divers 
languages; and, no doubt, the man was not so 
simple as to think he could persuade the people of 
England the contrary of what they taste and feel. 
But he thought he might better abuse the states 


392 OBSERVATIONS ON A LIBEL. 


abroad, if he directed his speech to them who could 
best convict him, and disprove him if he said untrue ; 
so that as Livy saith in the like case, “ AXtolos magis, 
“‘ coram quibus verba facerent, quam ad‘ quos, pensi 
“ habere ;” That the Aétolians, in their tale, did 
more respect those who did overhear them, than 
those to whom they directed their speech: so in this 
manner this fellow cared not to be counted a liar 
by all English, upon price of deceiving of Spain 
and Italy; for it must be understood, that it hath 
been the general. practice of this kind of men many 
years, of the one side, to abuse the foreign estates, 
by making them believe that all is out of joint and 
ruinous here in England, and that there is great 
part ready to join with the invader; and on the 
other side, to make the evil subjects of England 
believe of great preparations abroad, and in great 
readiness to be put in act, and so to deceive on both 
sides: and this I take to be his principal drift. So 
again, it is an extravagant and incredible conceit, to 
imagine that all the conclusions and actions of estate 
which have passed during her majesty’s reign, should 
be ascribed to one counsellor alone; and to such an 
one as was never noted for an imperious or over- 
ruling man; and to say, that though he carried 
them not by violence, yet he compassed them by 
device, there is no man of judgment that looketh 
into the nature of these times, but will easily descry 
that the wits of these days are too much refined for 
any man to walk invisible, or to make all the world 
his instruments ; and therefore, no not in this point 


OBSERVATIONS ON A LIBEL. 393 


assuredly, the libeller spake as he thought; but this 
he foresaw, that the imputation of cunning doth 
breed suspicion, and the imputation of greatness 
and sway doth breed envy; and therefore finding 
where he was most wrong, and by whose policy and 
experience their plots were most crossed, the mark 
he shot at was to see whether he could heave at his 
lordship’s authority, by making him suspected to the 
queen, or generally odious to the realm; knowing 
well enough for the one point, that there are not 
only jealousies, but certain revolutions: in princes’ 
minds: so that it is a rare virtue in the rarest 
princes to continue constant to the end in their 
favours and employments. And knowing for the 
other point, that envy ever accompanieth greatness, 
though never so well deserved : and that his lordship 
hath always marched a round and a real course in 
service; and as he hath not moved envy by pomp 
and ostentation, so hath he never extinguished it by 
any popular or insinuative carriage of himself: and 
this no doubt was his second drift. 

A third drift was, to assay if he could scl 
and weaken, by this violent kind of libelling, and 
turning the whole imputation upon his lordship, his 
resolution and courage; and to make him proceed 
more cautelously, and not so throughly and strongly 
against them; knowing his lordship to be a politic 
man, and one that hath a great stake to lose. 

Lastly, lest, while I discover the cunning and art 
of this fellow, I should make him wiser than he was, 
I think a great part of this book was passion ; 


390A OBSERVATIONS ON A LIBEL. 


“* difficile est tacere, cum doleas.” The humours of 
these men being of themselves eager and fierce, have, 
by the abort and blasting of their hopes, been 
blinded and enraged. And surely this book is, of 
all that sort that have been written, of the meanest 
workmanship; being fraughted with sundry base 
scoffs, and cold amplifications, and other characters 
of despite ; but void of all judgment or ornament. 


II. Of the present estate of this realm of England, 
whether it may be truly avouched to be pros- 
perous or afflicted. 

The benefits of almighty God upon this land, 
since the time that mm his singular providence he led 
as it were by the hand, and placed in the kingdom, 
his servant our queen Elizabeth, are such, as not in’ 
boasting, or in confidence of ourselves, but in praise 
of his holy name, are worthy to be both considered 
and confessed, yea, and registered in perpetual 
memory: notwithstanding, | mean not after the 
manner of a panegyric to extol the present time: it 
shall suffice only that those men, that through the 
gall and bitterness of their own heart have lost their 
taste and judgment, and would deprive God of his 
glory, and us of our senses, in affirming our condition 
to be miserable, and full of tokens of the wrath and 
indignation of God, be reproved. 

If then it be true, that “ nemo est miser, aut 
felix, nisi comparatus;” whether we shall, keeping © 
ourselves within the compass of our own island, look 
into the memories of times past, or at this present 


OBSERVATIONS ON A LIBEL. 395 


time take a view of other states abroad in Europe, 
we shall find that we need not give place to the 
happiness either of ancestors or neighbours. For if 
a man weigh well all the parts of state and religion, 
laws, administration of justice, policy of government, 
manners, civility, learning and liberal sciences, in- 
dustry and manual arts, arms and provisions of wars 
for sea and land, treasure, traffic, improvement of the 
soil, population, honour and reputation, it will ap- 
pear that, taking one part with another, the state of 
this nation was never more flourshing. 

It is easy to call to remembrance, out of histories, 
the kings of England which have in more ancient 
times enjoyed greatest happiness; besides her ma- 
jesty’s father and grandfather, that reigned in rare 
felicity, as is fresh in memory. They have been 
king Henry I. king Henry IT. king Henry III. king 
Edward J. king Edward III. king Henry V. All 
which have been princes of royal virtue, great 
felicity, and famous memory. But it may be truly 
affirmed, without derogation to any of these worthy | 
princes, that whatsoever we find in libels, there is not 
to be found in the English chronicles, a king that 
hath, in all respects laid together, reigned with such 
felicity as her majesty hath done. For as for the 
first three Henries, the first came in too soon after 
a conquest ; the second too soon after an usurpation; 
and the third too soon after a league, or barons war, 
to reign with security and contentation. King 
Henry I. also had unnatural wars with his brother 
Robert, wherein much nobility was consumed: he 


396 OBSERVATIONS ON A LIBEL. 


had therewithal tedious wars in Wales; and was 
not without some other seditions and troubles; as 
namely the great contestation of his prelates. King 
Henry II. his happiness was much deformed by the 
revolt of his son Henry, after he had associated him, 
and of his other sons. King Henry III. besides his 
continual wars in Wales, was after forty-four years’ 
reign unquieted with intricate commotions of his 
barons ; as may appear by the mad parliament held 
at Oxford, and the acts thereupon ensuing. His son 
Edward I. had a more flourishing time than any of 
the other; came to his kingdom at ripe years, and 
with great reputation, after his voyage into the Holy 
Land, and was much loved and obeyed, contrived his 
wars with great judgment: first having reclaimed 
Wales to a settled allegiance, and being upon the 
point of uniting Scotland. But yet I suppose it was 
more honour for her majesty to have so important a . 
piece of Scotland in her hand, and the same with 
such justice to render up, than it was for that worthy. 
king to have advanced in such forwardness the con- 
quest of that nation. And for king Edward III. his 
reign was visited with much sickness and mortality, 
so as they reckoned in his days three several mor- 
talities ; one in the twenty-second year, another in 
the thirty-fifth year, and the last in the forty-third 
year of his reign; and being otherwise victorious 
and in prosperity, was by that only cross more 
afflicted, than he was by the other prosperities com-_ 
forted. Besides, he entered hardly ; and again, ac- 
cording to the verse, “ cedebant ultima primis,” his | 


OBSERVATIONS ON A LIBEL. 397 


latter times were not so prosperous. And for king 
Henry V. as his success was wonderful, so he wanted 
continuance; being extinguished after ten years’ 
reign in the prime of his fortunes. 

Now for her majesty, we will first speak of the 
blessing of continuance, as that which wanted in the 
happiest of these kings; and is not only a great 
favour of God unto the prince, but also a singular. 
benefit. unto the people; for that sentence of the 
Scripture, “ misera natio cum multi sunt principes 
“ ejus,” is interpreted not only to extend to divisions 
and distractions in government, but also to frequent 
changes in succession ; considering, that the change 
of a prince bringeth in many charges, which are_ 
harsh and unpleasant to a great part of the subjects. . 
It appeareth then, that of the line of five hundred 
and fourscore years, and more, containing the number 
of twenty-two kings, God hath already prolonged 
her majesty’s reign to exceed sixteen of the said two 
and twenty; and by the end of this present year, 
which God prosper, she shall attain to be equal with 
two more: during which time there have deceased 
four emperors, as many French kings; twice so 
many bishops of Rome. Yea, every state in Chris- 
tendom, except Spain, have received sundry suc- 
cessions. And for the king of Spain, he is waxed so 
infirm, and thereby so retired, as the report of his 
death serveth for every year’s news: whereas her 
majesty, thanks be given to God, being nothing de- 
cayed in vigour of health and strength, was never 
more able to supply and sustain the weight of her 


398 OBSERVATIONS ON A LIBEL. 


affairs, and is, as far as standeth with the dignity of 
her majesty’s royal state, continually to be seen, to 
the great comfort and heart-ease of her people. 
Secondly, we will mention the blessing of health: 
I mean generally of the people, which was wanting 
in the reign of another of these kings; which else 
deserved to have the second place in happiness, 
which is one of the great favours of God towards any 
nation. For as there be three scourges of God, war, 
famine, and pestilence; so are there three benedic- 
tions, peace, plenty, and health. Whereas there- 
fore this realm hath been visited in times past with 
sundry kinds of mortalities, as pestilences, sweats, 
and other contagious diseases, it is so, that in her 
majesty’s times, being of the continuance aforesaid, 
there was only, towards the beginning of her reign, 
some sickness, between June and February, in the 
city; but not dispersed into any other part of the 
realm, as was noted; which we call yet the great 
plague; because that though it was nothing 60 
grievous and so sweeping as it hath been sundry 
times heretofore, yet it was great in respect of 
the health which hath followed since; which hath 
been such, especially of late years, as we began to 
dispute and move questions of the causes whereunto 
it should be ascribed, until such time as it pleased 
‘God to teach us that we ought to ascribe it only to 
‘his mercy, by touching us a little this present year, 
but with a very gentle hand; and such as it hath 
pleased him since to remove. But certain it is, for 
so many years together, notwithstanding the great 


OBSERVATIONS ON A LIBEL. 399 


pestering of people in houses, the great multitude of 
strangers, and the sundry voyages by seas, all which 
have been noted to be causes of pestilence, the health 
universal of the people was never so good. 

The third blessing is that which all the politic 
and fortunate kings before recited have wanted; 
that is, peace: for there was never foreigner since 
her majesty’s reign, by invasion or incursion of 
moment, that took any footing within the realm of 
England. One rebellion there hath been only, but 
such an one as was repressed within the space 
of seven weeks, and did not waste the realm so much 
as by the destruction or depopulation of one poor 
town. And for wars abroad, taking in those of 
Leith, those of Newhaven, the second expedition into 
Scotland, the wars of Spain, which I reckon from 
the year eighty-six or eighty-seven, (before which 
time neither had the king of Spain withdrawn his 
ambassadors here residing ; neither had her majesty 
received into protection the United Provinces of the 
Low Countries,) and the aid of France; they have 
not occupied in time a third part of her majesty’s 
reign; nor consumed past two of any noble house; 
whereof France took one, and Flanders another; and 
very few besides of quality or appearance. They 
have scarce mowed down the overcharge of the 
people within the realm. It is therefore true, that 
the kings aforesaid, and others her majesty’s pro- 
‘genitors, have been victorious in their wars, and 
have made many famous and memorable voyages 
‘and expeditions into sundry parts; and that her 


400 OBSERVATIONS ON A LIBEL. 


majesty, contrariwise, from the beginning, put on a 
firm resolution to content herself within those limits 
of her dominions which she received, and to enter- 
tain peace with her neighbour princes ; which reso- 
lution she hath ever since, notwithstanding she hath 
had rare opportunities, just claims and pretences, 
and great and mighty means, sought to continue. 
But if this be objected to be the less honourable 
fortune; I answer, that ever amongst the heathen, 
who held not the expence of blood so precious as 
Christians ought to do, the peaceable government 
of Augustus Cesar was ever as highly esteemed as 
the victories of Julius his uncle; and that the name 
of “ pater patria” was ever as honourable as that of 
“ propagator imperii.” And this I add further, that 
during this inward peace of so many years in the 
actions of war before mentioned, which her majesty, 
either in her own defence or in just and honourable 
aids, hath undertaken, the service hath been such as 
hath carried no note of a people, whose militia hath 
degenerated through long peace; but hath every 
way answered the ancient reputation.of the English 
arms. 3 

The fourth blessing is plenty and abundance : 
and first for grain and all victuals, there cannot be 
more evident proof of the plenty than this; that 


whereas England was wont to be fed by other 


countries from the east, it sufficeth now to feed 
other countries ; so as we do many times transport 
and serve sundry foreign countries; and yet there 
was never the like multitude of people to eat it 


RRS 


OBSERVATIONS ON A LIBEL. 401 


within the realm. Another evident proof thereof: 
may be, that the good yields of corn which have 
been, together with some toleration of vent, hath of 
late time invited and enticed men to break up more 
ground, and to convert it to tillage, than all the 
penal laws for that purpose made and enacted could 
ever by compulsion effect. A third proof may be, — 
that the prices of grain and victual were never of 
late years more reasonable. Now for arguments of 
the great wealth in all other respects, let the points 
following be considered. 

There was never the like number of fair and 
stately houses as have been built and set up from 
the ground since her majesty’s reign; insomuch, 
that there have been reckoned in one shire that is 
not great, to the number of thirty-three, which 
have been all new built within that time; and 
whereof the meanest was never built for two thou- 
sand pounds. 

There were never the like pleasures of goodly 
gardens and orchards, walks, pools, and parks, as do 
adorn almost every mansion-house. 

There was never the like number of beautiful 
and costly tombs and monuments which are erected 
in sundry churches, in honourable memory of the 
dead. | 

There was never the like quantity of plate, jewels, 
sumptuous moveables, and stuff, as is now within 
the realm. eG 

There was never the like quantity of waste and 

VOL. V. oD 


402 OBSERVATIONS ON A LIBEL. 


unprofitable ground, inned, reclaimed, and im- 
proved. | 

There was never the like husbanding of all sorts 
of grounds by fencing, manuring, and all kinds of 
good husbandry. | 

The towns were never better built nor peopled ; 
nor the principal fairs and markets ever better cus- 
tomed or frequented. 

The commodities and ease, of rivers cut by hand, 
and brought into a new channel; of piers that have 
been built; of waters that have been forced and 
brought against the ground, were never so many. 

There was never so many excellent artificers, 
nor so many new handy-crafts used and exercised ; 
nor new commodities made within.the realm ; sugar, 
paper, glass, copper, divers silks, and the like. 

There was never such complete and honourable 
provision of horse, armour, weapons, ordnance of 
the war. 

The fifth blessing hath been the great popu- 
lation and multitude of families increased within her 
majesty’s days: for which point I refer myself to 
the proclamations of restraint of building in London, 
the inhibition of inmates of sundry cities, the restraint 
of cottages by act of parliament, and sundry other 
tokens of record of the surcharge of people. 

Besides these parts of a government, blessed 
from God, wherein the condition of the people hath 
been more happy in her majesty’s times, than in the 
times of her progenitors, there are certain singulari- 


OBSERVATIONS ON A LIBEL. 403 


ties and particulars of her majesty’s reign ; wherein 
I do not say, that we have enjoyed them in a more 
ample degree and proportion than in former ages, as _ 
it hath fallen out in the points before mentioned, 
but such as were in effect unknown and untasted 
heretofore. As first, the purity of religion, which is 
a benefit inestimable, and was in the time of all 
former princes, until the days of her majesty’s father 
of famous memory, unheard of. Out of which 

purity of religion have since ensued, beside the 
| principal effect of the true knowledge and worship 
of God, three points of great consequence unto the 
civil estate. 

One, the stay of a mighty treasure within the 
realm, which in foretimes was drawn forth to Rome. 
Another, the dispersion and distribution of those 
revenues, amounting to a third part of the land of 
the realm, and that of the goodliest and the richest 
sort, which heretofore was unprofitably spent in 
monasteries, into such hands as by whom the realm 
receiveth, at this day, service and strength; and 
many great houses have been set up and augmented. 
The third, the managing and enfranchising of the 
regal dignity from the recognition of a foreign 
superior. All which points, though begun by her 
father, and continued by her brother, were yet never- 
theless, after an eclipse or intermission, restored and 
re-established by her majesty’s self. 

Secondly, the fineness of money: for as the 
purging away of the dross of religion, the heavenly 
treasure, was common to her majesty with her father 


404 OBSERVATIONS ON A LIBEL. 


and her brother, so the purging of the base-money, 
the earthly treasure, hath been altogether proper to 
her majesty’s own times ; whereby our moneys bear- 
ing the natural estimation of the stamp or mark, 
both every man resteth assured of his own value, 
and free from the losses and deceits which fall out 
in other places upon the rising and falling of 
moneys. \ 

Thirdly, the might of the navy, and augmentation 
of the shipping of the realm; which, by politic con- 
stitutions for maintenance of fishing, and the encou- 
ragement and assistance given to the undertakers of 
new discoveries and trades by sea, is so advanced, as 
this island is become, as the natural site thereof de- 
serveth, the lady of the sea. 

Now, to pass from the comparison of time to 
the comparison of place, we may find in the states 
abroad cause of pity and compassion in some; but 
of envy or emulation in none; our condition being, 
by the good favour of God, not inferior to any. 

The kingdom of France, which, by reason of the 
seat of the empire of the west, was wont to have the 
precedence of the kingdoms of Europe, is now fallen 
into those calamities, that, as the prophet saith, 
“From the crown of the head to the sole of the 
“ foot, there is no whole place.” ‘The divisions are 
so many, and so intricate, of protestants and catho- 
lics, royalists and leaguers, Bourbonists and Lorain- 
ists, patriots and Spanish ; as it seemeth God hath 
some great work to bring to pass upon that nation: 
yea, the nobility divided from the third estate, and 


3 sete ead 


OBSERVATIONS ON A LIBEL. A405 


the towns from the field. All which miseries, truly 
to speak, have been wrought by Spain and the 
Spanish faction. 

The Low Countries, which were, within the age 
of a young man, the richest, the best peopled, and the 
best built plots of Europe, are in such estate, as a 
country is like to be in, that hath been the seat of 
thirty years’ war: and although the sea-provinces be 
rather increased in wealth and shipping than other- 
wise ; yet they cannot but mourn for their distrac- 
tion from the rest of their body. > 

The kingdom of Portugal, which of late times, 
through their merchandizing and places in the Kast 
Indies, was grown to be an opulent kingdom, is now 
at the last, after the unfortunate journey of Afric, 
in that state as a country is like to be, that is re- 
duced under a foreigner by conquest; and such a 
foreigner as hath his competitor in title, being a 
natural Portugal and no stranger; and having been 
once in possession, yet in life; whereby his jealousy 
must necessarily be increased, and through his jea- 
lousy their oppression: which is apparent, by the 
carrying of many noble families out of their na- 
tural countries to live in exile, and by putting to 
death a great number of noblemen, naturally born 
to have been principal governors of their countries. 
These are three afflicted parts of Christendom; 
the rest of the states enjoy either prosperity or 
tolerable condition. 

The kingdom of Scotland, though at this present, 
by the good regiment and wise proceeding of the 


406 OBSERVATIONS ON A LIBEL: 


king, they enjoy good quiet; yet since our peace it 
hath passed through no small troubles, and remaineth 
full of boiling and swelling humours; but like, by 
the maturity of the said king every day increasing, 
to be repressed. 

The kingdom of Poland is newly recovered out of 
great wars about an ambiguous election. And be- 
sides, is a state of that composition, that their king 
being elective, they do commonly choose rather a 
stranger than one of their own country : a great ex- 
ception to the flourishing estate of any kingdom. 

The kingdom of Swedeland, besides their foreign 
wars upon their confines, the Muscovites and the 
Danes, hath been also subject to divers intestine tu- 
mults and mutations, as their stories do record. 

The kingdom of Denmark hath had good times, 
especially by the good government of the late king, 
who maintained the profession of the gospel; but 
yet greatly giveth place to the kingdom of England, 
in climate, wealth, fertility, and many other points 
both of honour and strength. 

The estates of Italy, which are not under the 
dominion of Spain, have had peace equal in con: 
tinuance with ours, except in regard of that which 
hath passed between them and the Turk, which 
hath sorted to their honour and commendation ; 
but yet they are so bridled and over-awed by the 
Spaniard, that possesseth the two principal members 
thereof, and that in the two extreme parts, as they : 
be like quillets of freehold, being intermixed in the 
midst of a great honour or lordship; so as their 


OBSERVATIONS ON A LIBEL. 407 


quiet is intermingled, not with jealousy alone, but 
with restraint. 

The states of Germany have had for the most 
part peaceable times; but yet they yield to the state 
of England ; not only in the great honour of a great 
kingdom, they being of a mean style and dignity, 
but also in many other respects both of wealth and 
policy. 

The state of Savoy having been in the old duke’s 
time governed in good prosperity, hath since (not- 
withstanding their new great alliance with Spain, 
whereupon they waxed insolent, to design to snatch 
up some piece of France, after the dishonourable 
repulse from the siege of Geneva) been ofter dis- 
tressed by a particular gentleman of Dauphiny ; 
and at this present day the duke feeleth, even in 
Piedmont beyond the mountains, the weight of the 
same enemy; who hath lately shut up his gates and 
common entries between Savoy and Piedmont. 

So as hitherto I do not see but that we are as 
much bound to the mercies of God as any other 
nation; considering that the fires of dissension and 
oppression in some parts of Christendom, may serve 
us for lights to shew us our happiness; and the 
good estates of other places, which we do congra- 
tulate with them for, is such, nevertheless, as doth 
not stain and exceed ours; but rather doth still 
leave somewhat, wherein we may acknowledge an 
ordinary benediction of God. 

Lastly, we do not much emulate the greatness 
and glory of the Spaniards; who having not only 
excluded the purity of religion, but also fortified 


408 OBSERVATIONS ON A LIBEL, 

oe 
against it, by their device of the inquisition, which 
is a bulwark against the entrance of the truth of 
God; having, in recompence of their new purchase 
of Portugal, lost a great part of their ancient patri- 
monies of the Low Countries, being of far greater 
commodity and value, or at the least holding part 
thereof in such sort as most of their other revenues 
are spent there upon their own; having lately, with 
wauch difficulty, rather smoothed and skinned over, 
than healed and extinguished the commotions of 
Arragon ; having rather sowed troubles in France, 
than reaped assured fruit thereof unto themselves; 
having from the attempt of England received scorn 
and disreputation; being at this time with the states 
-of Italy rather suspected than either loved or feared; 
having in Germany, and elsewhere, rather much 
practice, than any sound intelligence or amity; 
having no such clear succession as they need object, 
and reproach the uncertainty thereof unto another 
nation; have in the end won a reputation rather of 
ambition than justice; and, in the pursuit of their 
ambition, rather of much enterprising than of for- 
tunate atchieving; and in their enterprising, rather 
of doing things by treasure and expence, than by 
forces and valour. 

Now that I have given the reader a taste of 
England respectively, and in comparison of the times 
past, and of the states abroad, I will descend to 
examine the libeller’s own divisions, whereupon let 
the world judge how easily and clean this ink, which 
he hath cast in our faces, is washed off, _ 

The first branch of the pretended calamities of 


OBSERVATIONS ON A LIBEL. 409 


England, is the great and wonderful confusion 
which, he saith, is in the state of the Church; which 
is subdivided again into two parts: the one, the 
prosecutions against the catholics; the other, the 
discords and controversies amongst ourselves: the 
former of which two parts I have made an article 
by itself; wherein I have set down a clear and 
simple narration of the proceedings of state against: 
that sort of subjects; adding this by the way, that 
there are two extremities in state concerning the 
causes of faith and religion; that is to say, the 
permission of the exercises of more religions than 
one, which is a dangerous indulgence and toleration; 
the other is the entering and sifting into men’s 
consciences when no overt scandal is given, which is 
rigorous and strainable inquisition; and I avouch 
the proceedings towards the pretended catholics to 
have been a mean between these two extremities, 
referring the demonstration thereof unto the afore- 
said narration in the articles following. 

Touching the divisions in our Church, the libel- 
ler affirmeth that the protestantical Calvinism, for so 
it pleaseth him with very good grace to term the 
religion with us established, is grown contemptible, 
and detected of idolatry, heresy, and many other 
superstitious abuses, by a purified sort of professors 
of the same gospel. And this contention is yet 
grown to be more intricate, by reason of a third 
kind of gospellers called Brownists: who, being 
directed by the great fervour of the unholy ghost, 
do expressly affirm, that the protestantical Church 


410 OBSERVATIONS ON A LIBEL. 


of England is not gathered in the name of Christ, © 
but of Antichrist; and that if the prince or magis- 
trate under her do refuse or defer to reform the 
Church, the people may, without her consent, take 
the reformation into their own hands: and hereto 
he addeth the fanatical pageant of Hacket. And 
this is the effect of this accusation in this point. 

For answer whereunto, first, it must be remem- 
bered that the Church of God hath been in all ages 
subject to contentions and schisms: the tares were 
not sown but where the wheat was sown before. 
Our Saviour Christ delivered it for .an ill note 
to have outward peace; saying, “‘ when a strong 
“man is in possession of the house,” meaning the 
devil, “ all things are in peace.” It is the condition 
of the Church to be ever under trials; and there 
are but two trials; the one of persecution, the other 
of scandal and contention; and when the one ceaseth, 
the other succeedeth: nay, there is scarce any one 
epistle of St. Paul’s unto the churches, but con- 
taineth some reprehension of unnecessary and schis- 
matical controversies. So likewise in the reign 
of Constantine the Great, after the time that the 
Church had obtained peace from persecution, straight 
entered sundry questions and controversies, about no 
Jess matters than the essential parts of the faith, and 
the high mysteries of the Trinity. But reason 
teacheth us, that in ignorance and implied belief it 
is easy to agree, as colours agree in the dark: or if 
any country decline into atheism, then controversies 
wax dainty, because men do think religion scarce 


OBSERVATIONS ON A LIBEL. 411 


worth the falling out for; so as it is weak divinity 
to account controversies an ill sign in the Church. 

It is true that certain men, moved with an 
inconsiderate detestation of all ceremonies or orders, 
which were in use in the time of the Roman 
religion, as if they were without difference super- 
stitious or polluted, and led with an affectionate 
imitation of the government of some protestant 
churches in foreign states; have sought by books 
and preaching, indiscreetly, and sometimes unduti- 
fully, to bring in an alteration in the external rites 
-and policy of the Church; but neither have the 
grounds of the controversies extended unto any 
point of faith; neither hath the pressing and pro- 
secution exceeded, in the generality, the nature of 
some inferior contempts: so as they..have been far 
from heresy and sedition, and therefore rather offen- 
sive than dangerous to the Church or state. 

And as for those which we call Brownists, being, 
when they were at the most, a very small number 
of very silly and base people, here and there in 
corners dispersed, they are now, thanks be to God, 
by the good remedies that have been used, sup- 
pressed and worn out; so as there is scarce any 
news of them. Neither had they been much known 
at all, had not Brown their leader written a pamph- 
let, wherein, as it came into his head, he inveighed 
more against logic and rhetoric, than against the 
state of the Church, which writing was much read ; 
and had not also one Barrow, being a gentleman of 
a good house, but one that lived in London at 


412 OBSERVATIONS ON A LIBEL. 


ordinaries, and there learned to argue in table-talk, 
and so was very much known in the city and abroad, 
made a Jeap from a vain and libertine youth, to 
a preciseness in the highest degree ; the strangeness 
of which alteration made him very much spoken of; 
the matter might long before have breathed out. 
And here I note an honesty and discretion in the | 
libeller, which I note no where else; in that he did 
forbear to lay to our charge the sect of the Family 
of Love; for, about twelve years since, there was 
creeping in, In some secret places of the realm, 
indeed a very great heresy, derived from the Dutch, 
and named as was before said; which since, by the 
good blessing of God, and by the good strength 
of our Church, is banished and extinct. But so 
much we see, that the diseases wherewith our Church 
hath been visited, whatsoever these men say, have 
either not been malign and dangerous, or else they 
have been as blisters in some small ignoble part 
of the body, which have soon after fallen and gone 
away. For such also, was the phrenetical and 
fanatical, for I mean not to determine it, attempt 
of Hacket, who must needs have been thought a 
very dangerous heretic, that could never get but 
two disciples; and those, as it should seem, perished 
in their brain; and a dangerous commotioner, that 
in so great and populous a city as London is, could — 
draw but those same two fellows, whom the people 
rather laughed at as a may-game, than took any 
heed of what they did or said: so as it was very 
true that an honest poor woman said when she saw 


¢ 


OBSERVATIONS ON A LIBEL. 413 


Hacket out of a window pass to his execution; said 
she to herself, “ It was foretold that in the latter 
“ days there should come those that have deceived 
“ many ; but in faith thou hast deceived but few.” 

But it is manifest untruth which the libeller 
setteth down, that there hath been no punishment 
done upon those which in any of the foresaid kinds 
have broken the laws; and disturbed the Church and 
state; and that the edge of the law hath been only 
turned upon the pretended catholics: for the ex- 
amples are very many, where, according to the 
nature and degree of the offence, the correction of 
such offenders hath not been neglected. 

These be the great confusions whereof he hath 
accused our Church, which I refer to the judgment 
of an indifferent and understanding person, how true 
they be: my meaning is not to blanch or excuse 
any fault of our Church; nor on the other side 
to enter into commemoration, how flourishing it is in 
great and learned divines, or painful and excellent 
preachers; let men have the reproof of that which 
is amiss, and God the glory of that which is good, 
And so much for the first branch. 

In the second -branch, he maketh great musters 
and shews of the strength and multitude of the 
enemies of this state ; declaring in what evil terms 
and correspondence we stand with foreign states, 
and how desolate and destitute we are of friends and 
confederates ; doubting belike, how he should be 
able to prove and justify his assertion touching the 
present miseries, and therefore endeavouring at the 


414 OBSERVATIONS ON A LIBEL. 


least to maintain, that the good estate which we 
-enjoy, is yet made somewhat bitter by reason of 
many terrors and fears. Whereupon entering into 
consideration of the security, wherein not by our 
own policy, but by the good providence and protec- 
tion of God, we stand at this time, I do find it to be 
a security of that nature and kind, which Iphicrates 
the Athenian did commend; who being a com- 
missioner to treat with the state of Sparta upon 
conditions of peace, and hearing the other side 
make many propositions touching security, inter- 
rupted them and told them, there was but one 
manner of security whereupon the Athenians could 
rest; which was, if the deputies of the Lacede- 
monians could make it plain unto them, that, after 
these and these things parted withal, the Lacede- 
monians should not be able to hurt them though 
they would. So it is with us, as we have not justly 
provoked the hatred or enmity of any other state, so 
howsoever that be, I know not at this time the 
enemy that hath the power to offend us though he 
had the will. 

And whether we have given just cause of quarrel 
or offence, it shall be afterwards touched in the 
fourth article, touching the true causes of the dis- 
turbance of the quiet of Christendom, as far as it is 
fit to justify the actions of so high a prince upon the 
occasion of such a libel as this. But now concerning 
the power and forces of any enemy, I do find that 
England hath sometimes apprehended with jealousy 
the confederation between France and Scotland; the 


7 ea 


OBSERVATIONS ON A LIBEL. A15 


one being upon the same continent that we are, and 
breeding a soldier of puissance and courage, not 
much differing from the English: the other a king- 
dom very opulent, and thereby able to sustain wars, 
though at very great charge; and having a brave 
nobility ; and being a near neighbour. And yet of 
this conjunction there never came any offence of 
moment: but Scotland was ever rather used by 
France as a diversion of an English invasion upon 
France, than as a commodity of a French invasion 
upon England. I confess also, that since the unions 
of the kingdom of Spain, and during the time the 
kingdom of France was in his entire, a conjunction 
of those two potent kingdoms against us might have 
been of some terror to us.- But now it is evident, 
that the state of France is such as both those con- 
junctions are become impossible: it resteth that 
either Spain with Scotland should offend us, or 
Spain alone. For Scotland, thanks be to God, the 
amity and intelligence is so sound and secret between 
the two crowns, being strengthened by consent in 
religion, nearness of blood, and continual good offices 
reciprocally on either side, as the Spaniard himself, 
in his own plot, thinketh it easier to alter and over- 
throw the present state of Scotland than to remove 
and divide it from the amity of England. So as it 
must be Spain alone that we should fear, which 
should seem, by reason of its spacious dominions, to 
be a great overmatch. The conceit whereof maketh 
me call to mind the resemblance of an ancient 
writer in physic; who, labouring to persuade that 


416 OBSERVATIONS ON A LIBEL. 


a physician should not doubt sometimes to purge his 
patient, though he seem very weak, entereth into a 
distinction of weakness ; and saith, there is a weakness 
of spirit, and a weakness of body; the latter whereof 
he compareth unto a man that were otherwise very 
strong, but had a great pack on his neck, so great 
as made him double again, so as one might thrust 
him down with his finger: which similitude and dis- 
tinction both may be fitly applied to matter of state ; 
for some states are weak through want of means, 
and some weak through excess of burthen; in which 
rank I do place the state of Spain, which having out- 
compassed itself'in embracing too much; and being 
itself but a barren seed-plot of soldiers, and much 
decayed and exhausted of men by the Indies, and by 
continual wars; and as to the state of their treasure, 
being indebted and engaged before such times as 
they waged so great forces in France, and therefore 
much more since, is not in brief an enemy to be 
feared by a nation seated, manned, furnished, and 
policed as is England. 

Neither is this spoken by guess, for the ex- 
perience was substantial enough, and of fresh memory 
in the late enterprise of Spain upon England: what 
time all that goodly shipping, which in that voyage 
was consumed, was complete; what time his forces 
-in the Low-Countries were also full and entire; 
which now are wasted to a fourth part; what time 
also he was not intangled with the matters of France, 
but was rather like to receive assistance than impedi- 
ment from his friends there, in respect of the great 


OBSERVATIONS ON A LIBEL. 417 


vigour wherein the league then was, while the duke 
of Guise then lived; and yet nevertheless this great 
preparation passed away like a dream. The in- 
vincible navy neither took any one barque of ours, 
neither yet once offered to land; but after they had 
been well beaten and chased, made a perambulation 
about the northern seas; ennobling many coasts 
with wrecks of mighty ships; and so returned home 
with greater derision than they set forth with ex- 
pectation. | 

So as we shall not need much confederacies and 
succours, which he saith we want for breaking of the 
Spanish invasion, no, though the Spaniard should 
nestle in Britain, and supplant the French, and get 
some port-towns into their hands there, which is yet 
far off, yet shall he never be so commodiously seated 
to annoy us, as if he had kept the Low-countries : 
and we shall rather fear him as a wrangling neigh- 
bour, that may trespass now and then upon some 
straggling ships of ours, than as an invader. And 
as for our confederacies, God hath given us both 
means and minds to tender and relieve the states of 
others ; and therefore our confederacies are rather of 
honour than such as we depend upon. And yet 
nevertheless the Apostatas and Huguenots of France 
on the one part, for so he termeth the whole nobility 
in a manner of France, among the which:a great 
part is of his own religion ; which maintain the clear 
and unblemished title of their lawful and natural 
king against the seditious populace, and the beer- 
‘brewers and basket-makers of Holland and Zealand, 
VOL. V. EE 


418 OBSERVATIONS ON A LIBEL. 


as he also terms them, on the other, have almost 
bandied away between them all the duke of Parma’s 
forces; and I suppose the very mines of the Indies 
will go low, or ever the one be ruined, or the other 
recovered. Neither again desire we better confede- 
racies and leagues than Spain itself hath provided for 
us: “ Non enim verbis foedera confirmantur, sed 
“ jisdem utilitatibus.” We know to how many states 
the king of Spain is odious and suspected: and for 
ourselves we have incensed none by our injuries, nor 
made any jealous of our ambition: these are in rules 
of policy the firmest contracts. 

Let thus much be said in answer of the second 
branch, concerning the number of exterior enemies : 
wherein my meaning is nothing less than to attribute 
our felicity to our policy ; or to nourish ourselves in 
the humour of security. But I hope we shall de- 
pend upon God and be vigilant ; and then it will be 
seen to what end these false alarms will come. 

In the third branch of the miseries of England, 
he taketh upon him to play the prophet, as he hath 
in all the rest played the poet; and will needs 
divine or prognosticate the great troubles whereunto 
this realm shall fall after her majesty’s times; as if 
he that hath so singular a gift in lying of the present 
time and times past, had nevertheless an extra-~ 
ordimary grace in telling truth of the time to come ; 
or, as if the effect of the pope’s curses of England 
were upon better advice adjourned to those days. 
It is true, it will be misery enough for this realm, 
whensoever it shall be, to lose such a sovereign : but 


OBSERVATIONS ON A LIBEL. 419 


for the rest, we must repose ourselves upon the good 
pleasure of God. So it is an unjust charge in the 
libeller to impute an accident of state to the fault of 
the government. 

It pleaseth God sometimes, to the end to make 
men depend upon him the more, to. hide from them 
the clear sight of future events; and to make them 
think that full of uncertainties which proveth certain 
and clear: and sometimes, on the other side, to 
cross men’s expectations, and to make them full of 
difficulty and perplexity in that which they thought 
to be easy and assured. Neither is it any new thing 
for the titles of succession in monarchies to be at 
times less or more declared. King Sebastian of 
Portugal, before his journey into Afric, declared no 
successor. The cardinal, though he were of extreme 
age, and were much importuned by the king of 
Spain, and knew directly of six or seven competitors 
to that crown, yet he rather established I know not 
what interims, than decided the titles, or designed 
any certain successor. ‘The dukedom of Ferrara is 
at this day, after the death of the prince that now 
liveth, uncertain in the point of succession: the 
kingdom of Scotland hath declared no successor. 
Nay, it is very rare in hereditary monarchies, by any 
act of state, or any recognition or oath of the people 
in the collateral line, to establish a successor. The 
duke of Orleans succeeded Charles VIII. of France, 
but was never declared successor in his time. 
Monsieur d’Angulesme also succeeded him, but 
without any designation. Sons of kings themselves 


420 OBSERVATIONS ON A LIBEL. 


oftentimes, through desire to reign and to prevent 
their time, wax dangerous to their parents: how 
much more cousins in a more remote degree? It is 


lawful, no doubt, and honourable, if the case require, 


for princes to make an establishment: but, as it was 
said, it is rarely practised in the collateral line. 
Trajan, the best emperor of Rome, of an heathen, 
that ever was, at what time the emperors did use to 
design successors, not so much to avoid the uncer- 
tainty of succession, as to the end, to have “ parti- 
“ cipes curarum” for the present time, because their 
empire was so vast; at what time also adoptions 
were in use, and himself had been adopted; yet 
never designed a successor, but by his last will and 
testament, which also was thought to be suborned 
by his wife Plotina in the favour of Ss lover 
Adrian. 

You may be sure that nothing hath been done 
to prejudice the right; and there can be but one 
right. But one thing I am persuaded of, that no 
king of Spain, nor bishop of Rome, shall umpire or 
promote any beneficiary, or feodatory king, as they 
designed to do; even when the Scots queen lived, 
whom they pretended to cherish. I will not retort 
the matter of succession upon Spain, but use that 
modesty and reverence, that belongeth to the majesty 
of so great a king, though an enemy. Poo SO poe 
for this third branch. 

The fourth branch he maketh to be touching the 
overthrow of the nobility and the oppression of the 
people: wherein though he may percase abuse the 


Sete en ee ee ee 


aD ne 


wen 


OBSERVATIONS ON A LIBEL. 421 


simplicity of any foreigner; yet to an Englishman, 
or any that heareth of the present condition of Eng- 
land, he will appear to be a man of singular audacity, 
and worthy to be employed in the defence of any 
paradox. And surely if he would needs have de- 
faced the general state of England, at this time, he 
should in wisdom rather have made some frierly de- 
clamation against the excess of superfluity and deli- 
cacy of our times, than to have insisted upon the 
misery and poverty and depopulation of the land, as 
may sufficiently appear by that which hath been 
said. { 

But nevertheless, to follow this man in his own 
steps : first, concerning the nobility ; it is true, that 
there have been in ages past, noblemen, as I take it, 
both of greater possessions and of greater command 
and sway than any are at this day. One reason why 
the possessions are less, I conceive to be, because 
certain sumptuous veins and humours of expence, as 
apparel, gaming, maintaining of a kind of followers, 
and the like, do reign more than they did in times 
past. Another reason is, because noblemen now-a- 
days do deal better with their younger sons than 
they were accustomed to do heretofore, whereby 
the principal house receiveth many abatements. 
Touching the command, which is not indeed so 
great as it hath been, I take it rather to be a 
commendation of the time, than otherwise: for men 
were wont factiously to depend upon noblemen, 
whereof ensued many partialities and divisions, 
besides much interruption of justice, while the great 


4.22 OBSERVATIONS ON A LIBEL. 


ones did seek to bear out those that did depend 
upon them. So as the kings of this realm, finding 
long since that kind of commandment in noblemen 
unsafe unto their crown, and inconvenient unto 
their people, thought meet to restrain-the same by 
provision of laws; whereupon grew the statute 
of retainers; so as men now depend upon the prince 
and the laws, and upon no other; a matter which 
hath also a congruity with the nature of the time, 
as may be seen in other countries; namely, in Spain, 


where their grandees are nothing so potent and so _ 


absolute as they have been in times past. But 
otherwise, it may be truly affirmed, that the rights 
and pre-eminencies of the nobility were never more 
duly and exactly preserved unto them, than they 
have been in her majesty’s time; the precedence of 
knights given to the younger sons of barons; 
no subpoenas awarded against the nobility out of 
the chancery, but letters; no answer upon oath, 
but upon honour: besides a number of other pri- 
vileges in parliament, court, and country. So like- 
wise for the countenance of her majesty and the 
state, in lieutenancies, commissions, offices, and the 
like, there was never a more honourable and graceful 
regard had of the nobility ; neither was there ever 
a more faithful remembrancer and exacter of all 
these particular pre-eminencies unto them; nor a 
more diligent searcher and register of their pedi- 
grees, alliances, and all memorials of honour, than 
that man, whom he chargeth to have overthrown 
the nobility; because a few of them by immoderate 


= picnnenaeemaneamneene aaa 


OBSERVATIONS ON A LIBEL. 423 


expence are decayed, according to the humour of 
the time, which he hath not been able to resist, no 
not in his own house. And as for attainders, there 
have been in thirty-five years but five of any of the 
nobility, whereof but two came to execution; and 
one of them was accompanied with restitution of 
blood in the children: yea, all of them, except West- 
moreland, were such, as, whether it were by favour 
of law or government, their heirs have, or are like to 
have, a great part of their possessions. And so much 
for the nobility. 

Touching the oppression of the people, he men- 
tioneth four points. 

1. The consumption of people in the wars. 

2. The interruption of traffic. 

3. ‘The corruption of justice. 

4. The multitude of taxations. Unto all which 
points there needeth no long speech. For the first, 
thanks be to God, the benediction of “ Crescite” and 
« Multiplicamini,” is not so weak upon this realm of 
England, but the population thereof may afford such 
loss of men as were sufficient for the making our 
late wars, and were in a perpetuity, without being 
seen either in city or country. We read, that when 
the Romans did take cense of their people, whereby 
the citizens were numbered by the poll in the 
beginning of a great war; and afterwards again at 
the ending, there sometimes wanted a third part of 
the number: but let our muster-books be perused, 
those, I say, that certify the number of all fighting 


424 OBSERVATIONS ON A LIBEL. 


men in every shire, of “ vicesimo” of the queen ; at 
what time, except a handful of soldiers in the Low 
Countries, we expended no men in the wars; and 
now again, at this present time, and there will 
appear small diminution. . There be many tokens in 
this realm rather of press and surcharge of people, 
than of want and depopulation, which were before 
recited. Besides, it is a better condition of inward 
peace to be accompanied with some exercise of no 
dangerous war in foreign parts, than to be utterly 
without apprentisage of war, whereby people grow 
effeminate and unpractised when occasion shall be. 


And it is no small strength unto the realm, that in- 


these wars of exercise and not of peril, so many of 


our people are trained, and so many of our nobility — 


and gentlemen have been made excellent leaders 
both by sea and land. As for that he objecteth, we 
have no provision for soldiers at their return ; 
though that point hath not been altogether neglected, 
yet I wish with all my heart, that it were more 
ample than it is; though I have read and heard, 
that in all estates, upon casheering and disbanding 
of soldiers, many have endured necessity. 

For the stopping of traffic, as I referred myself 
to the muster-books for the first, so I refer myself to 
the custom-books upon this, which will not lie, and 
do make demonstration of no abatement at all in 
these last years, but rather of rising and increase. 
We know of many in London ahd other places that 
are within a small time greatly come up and made 


OBSERVATIONS ON A LIBEL. 425 


rich by merchandising : and a man may speak within 
his compass, and affirm, that our prizes by sea have 
countervailed any prizes upon us. 

And as to the justice of this realm, it is true, that 
cunning and wealth have bred many suits and de- 
bates in law. But let those points be considered: 
the integrity and sufficiency of those which supply 
the judicial places in the queen’s courts; the good 
laws that have been made in her majesty’s time 
against informers and promoters, and for the better- 
ing of trials; the example of severity which is used 
in the Star-chamber, in oppressing forces and frauds; 
the diligence and stoutness that is used by justices 
of assizes, in encountering all countenancing and 
bearing of causes in the country, by their authorities 
and. wisdom; the great favours that have. been 
used towards copyholders and customary tenants, 
which were in ancient times merely at the discretion 
and mercy of the lord, and are now continually re- 
lieved from hard dealing, in chancery and other 
courts of equity: I say, let these and many other 
points be considered, and men will worthily con- 
ceive an honourable opinion of the justice of Eng- 
land. 

Now to the points of levies and distributions of 
money, which he calleth exactions. First, very 
coldly, he is not abashed to bring in the gathering 
for Paul’s steeple and the lottery ‘trifles: whereof 
the former, being but a voluntary collection of that 
men were freely disposed to give, never grew to so 
great a sum as was sufficient to finish the work for 


4.26 OBSERVATIONS ON A LIBEL. 


which it was appointed: and so I imagine, it was 
converted into some other use ; like to that gathering 
which was for the fortifications of Paris; save that 
the gathering for Paris came to a much greater, 
though, as I have heard, no competent sum. And 
for the lottery, it was but a novelty devised and 
followed by some particular persons, and only allowed 
by the state, being as a gain of hazard; wherein if 
any gain was, it was because many men thought 
scorn, after they had fallen from their greater hopes 
to fetch their odd money. Then he mentioneth 
loans and privy seals: wherein he sheweth great 
ignorance and indiscretion, considering the payments 
back again have been very good and certain, and 
much for her majesty’s honour. Indeed, in other 
princes’ times it was not wont to be so. And therefore, 
though the name be not so pleasant, yet the use of 
them in our times have been with small grievance. 
He reckoneth also new customs upon cloths, and 
new impost upon wines. In that of cloths, he is de- 
ceived; for the ancient rate of custom upon cloths 
was not raised by her majesty, but by queen Mary, 
a catholic queen: and hath been commonly con- 
tinued by her majesty ; except he mean the com- 
putation of the odd yards, which in strict duty was 
ever answerable, though the error were but lately 
looked into, or rather the toleration taken away. 
And to that of wines, being a foreign merchandise, 
and but a delicacy, and of those which might be 
forborn, there hath been some increase of imposition, 
which can rather make the price of wine higher, 


OBSERVATIONS ON A LIBEL. 427 


than the merchant poorer. Lastly, touching the 
number of subsidies, it is true, that her majesty, in 
respect of the great charges of her wars, both by 
sea and land, against such a lord of treasure as is 
the king of Spain; having for her part no Indies nor 
mines, and the revenues of the crown of England 
being such, as they less grate upon the people than 
the revenues of any crown or state in Europe, hath, 
by the assent of parliament, according to the ancient 
customs of this realm, received divers subsidies of 
her people, which as they have been employed upon 
the defence and preservation of the subject, not 
upon excessive buildings, nor upon immoderate 
donatives, nor upon triumphs and pleasures ; or any 
the like veins of dissipation of treasure, which have 
been familiar to many kings: so have they been 
yielded with great good-will and cheerfulness, as 
may appear by other kinds of benevolence, presented 
to her likewise in parliament; which her majesty 
nevertheless hath not put in ure. They have been 
taxed also and assessed with a very light and gentle 
hand; and they have been spared as much as may 
be, as may appear in that her majesty now twice, to 
spare the subject, hath sold of her own lands. But 
he that shall look into other countries, and consider 
the taxes, and talliages, and impositions, and assizes, 
and the like, that are every where in use, will find 
that the Englishman is the most master of his own 
valuation, and the least bitten in his purse of any 
nation of Europe. Nay even at this instant in the 
kingdom of Spain, notwithstanding the pioneers do 


428 GCBSERVATIONS ON A LIBEL. 


still work in the Indian mines, the Jesuits most play 
the pioneers, and mine into the Spaniards’ purses ; 
and, under the colour of a ghostly exhortation, con- 
trive the greatest exaction that ever was in any 
realm. ; 
Thus much, in answer of these calumniations, I 
have thought good to note touching the present 
state of England; which state is such, that who- 
soever hath been an architect in the frame thereof, 
under the blessing of God, and the virtues of our 
sovereign, needed not to be ashamed of his work. 


III. Of the proceedings against the pretended 
catholics, whether they have been violent, or 
moderate and necessary. 

I find her majesty’s proceedings generally to have 

been grounded upon two principles: the one, . 

That consciences are not to be forced, but to be 
won and reduced by the force of truth, by the aid of 
time, and the use of all good means of instruction or 
persuasion : the other, 

That causes of conscience when they exceed their 
bounds, and prove to be matter of faction, lose their 
nature; and that sovereign princes ought distinctly 
to punish the practice or contempt, though coloured 
with the pretences of conscience and religion. 

According to these two principles, her majesty, 
at her coming to the crown, utterly disliking of the 
tyranny of the church of Rome, which had used by 
terror and rigour to seek commandment over men’s 
faiths and consciences; although, as a prince of 


OBSERVATIONS ON.A LIBEL. 4239 


great wisdom and magnanimity, she suffered but 
. . e “. 

the exercise of one religion, yet her proceedings 

towards the papists were with great lenity, expecting 


‘the good effects which time might work in them. 


And therefore her majesty revived not the laws 
made in twenty-eighth, and thirty-fifth, of her 
father’s reign, whereby the oath of supremacy might 
have been offered at the king’s pleasure to any sub- 
ject, though he kept his conscience never so modestly 
to himself; and the refusal to take the same oath, 
without farther circumstance, was made treason: 


“but contrariwise, her majesty not liking to make 


windows into men’s hearts and secret thoughts, except 
the abundance of them did overflow into overt and 
express acts and affirmations, tempered her law so, 
as it restraineth only manifest disobedience in im- 
pugning and impeaching advisedly and ambitiously 
her majesty’s supreme power, and maintaining and 
extolling a foreign jurisdiction. And as for the oath, 
it was altered by her majesty into a more grateful 
form ; the harshness of the name, and appellation of 
supreme head was removed ; and the penalty of the 
refusal thereof turned into a disablement to take any 
promotion, or to exercise any charge; and yet that 
with a liberty of being revested therein, if any man 
shall‘accept thereof during his life. 

But after many years toleration of a multitude 
of factious papists, when Pius Quintus had excom- 
municated her majesty, and the bill of excommuni- 
cation was published in London, whereby her ma- 
jesty was in a sort proscribed, and all her subjects 


430 OBSERVATIONS ON A LIBEL. 


drawn upon pain of damnation from her obedience ; 
and that thereupon, as upon a principal motive or 
preparative, followed the rebellion in the north; yet 
notwithstanding, because many of those evil humours 
were by that rebellion partly purged, and that she 
feared at that time no foreign invasion, and much 
less the attempts of any within the realm not backed 
by some foreign succours from without ; she con- 
tented herself to make a law against that special 
ease of bringing in, or publishing of bulls or the like 
instruments; whereunto: was added a_ prohibition, 
not upon pain of treason, but of an inferior degree 
of punishment, against bringing in of “ Agnus Dei’s, 
hallowed beads, and such other merchandise of Rome, 
as are well known not to be any essential part of 
the Roman religion, but only to be used in practice 
as love-tokens, to enchant and bewitch the people’s 
affections from their allegiance to their natural sove- 
reign. In all other points her majesty continued 
her former lenity. 

But when, about the twentieth year of her reign, 
she had discovered in the king of Spain an intention 
to invade her dominions, and that a principal point 
of the plot was to prepare a party within the realm 
that might adhere to the foreigner; and that the 
seminaries began to blossom and to send forth daily 
priests and professed men, who should by vow, taken 
at shrift, reconcile her subjects from her obedience ; 
yea, and bind many of them to attempt against her 
majesty’s sacred person; and that, by the poison 
they spread, the humours of most papists were 


a. 3D 


OBSERVATIONS ON A LIBEL. 431 


altered, and that they were no more papists in 
custom, but papists in treasonable faction: then 
were there new laws made for the punishment of 
such as should submit themselves to reconcilements 
or renunciations of obedience. For it is to be 
understood, that this manner of reconcilement in 
confession, is of the same nature and operation that 
the bull itself was of, with this only difference, 
that whereas the bull assoiled the subjects from their 
obedience at once, the other doth it one by one. 
And therefore it is both more secret, and more in- 
sinuative into the conscience, being joined with no 
less matter than an absolution from mortal sin. And 
because it was a treason carried in the clouds, and 
in wonderful secrecy, and came seldom to light; 
and that there was no presumption thereof so great 
as the recusants to come to divine service, because it 
was set down by their decrees, that to come to church 
before reconcilement, was to live in schism; but to 
come to church after reconcilement, was absolutely 
heretical and damnable: therefore there were added 
new laws, containing a punishment pecuniary against 
the recusants, not to enforce consciences, but to 
enfeeble those of whom it rested indifferent and 
ambiguous, whether they were reconciled or no? 
For there is no doubt, but if the law of recusancy, 
which is challenged to be so extreme and rigorous, 
were thus qualified, that any recusant that shall 
voluntarily come in and take his oath, that he or she 
were never reconciled, should immediately be dis- 
charged of the penalty and forfeiture of the law ; 


432 OBSERVATIONS ON A LIBEL. 


they would be so far from liking well of that mitiga- 
tion, as they would cry out it was made to intrap 
them. And when, notwithstanding all this provision, 
this poison was dispersed so secretly, as that there 
were no means to stay it, but to restrain the mer- 
chants that brought it in; then was there lastly 
added a law, whereby such seditious priests of the 
new erection were exiled; and those that were at 
that time within the land shipped over, and so com- 
manded to keep hence upon pain of treason. 

'° This hath been the proceeding with that sort, 
though intermingled not only with sundry examples 
of her majesty’s grace, towards such asin her wisdom 
she knew to be papists in conscience, and not in 
faction; but also with an extraordinary mitigation 
towards the offenders in the highest degree con- 
victed by law, if they would protest, that in case 
this realm should be invaded with a foreign army, 
by the -pope’s authority, for the catholic cause, as 
they term it, they would take part with her majesty, 
and not adhere to her enemies. © . 

‘And whereas he saith no priest dealt in matter 
of state, Ballard only excepted ; it appeareth by the 
records of the confession of the said Ballard, and 
sundry other priests, that all priests at that time 
generally were made acquainted with the invasion 
then intended, and afterwards put in act; and had 
received instructions not only to move an expectation 
in the people of a change, but also to take their 
vows and promises in shrift to adhere to the foreigner; 
insomuch that one of their principal heads vaunted 


OBSERVATIONS ON A LIBEL. 433 


himself in a letter of the device, saying, that it was 
a point the counsel of England would never dream 
of, who would imagine that they should practise 
with some nobleman to make him head of their 
faction; whereas they took a course only to deal 
with the people, and them so severally, as any one 
apprehended should be able to appeal no more than 
himself, except the priests, who he knew would 
reveal nothing that was uttered in confession: so 
innocent was this princely priestly function, which 
this man taketh to be but a matter of conscience, 
and thinketh it reason it should have free exercise 
throughout the land. 

IV. Of the disturbance of the quiet of Christen- 
dom; and to what causes it may be justly assigned. 

It is indeed a question, which those that look 
into matters of state do well know to fall out very 
often; though this libeller seemeth to be more 
ignorant thereof, whether the ambition of the more 
mighty state, or the jealousy of the less mighty 
state, is to be charged with breach of amity. Hereof 
as there may be many examples, so there is one so 
proper unto the present matter, as though it were 
many years since, yet it seemeth to be a parable 
of these times, and namely of the pee of 
‘Spain and England. 

~The states then, which answered to these two 
now, were Macedon and Athens. Consider there- 
fore the resemblance between the two Philips, of 
‘Macedon and Spain: he of Macedon aspired to the 
monarchy of Greece, as he of Spain doth of Europe; 

VOL. V. PF 


434 OBSERVATIONS ON A LIBEL. 


but more apparently than the first, because that de- 
sign was discovered in his father Charles V. and so 
left him by descent; whereas Philip of Macedon 
was the first of the kings of that nation which fixed 
so great conceits in his breast. The course which 
this king of Macedon held was not so much by great 
armies and invasions, though these wanted not when 
the case required, but by practice, by sowing of 
factions in states, and by obliging sundry particular 
persons of greatness. The state of opposition agaiust 
his ambitious proceedings was only the state of 
Athens, as now is the state of England against 
Spain. For Lacedemon and Thebes were both 
low, as France is now; and the rest of the states 
of Greece were, in power and territories, far inferior. 
The people of Athens were exceedingly affected to 
peace, and weary of expence. But the point which 
I chiefly make the comparison, was that of the 
orators, which were as counsellors to a popular 
state; such as were sharpest sighted, and looked 
deepest into the projects and spreading of the 
Macedonians, doubting still that the fire, after it 
licked up the neighbour states, and made itself 
opportunity to pass, would at last take hold of the 
dominions of Athens with so great advantages, as 
they should not be able to remedy it, were ever 
charged both by the declarations of the king of 
Macedon, and by the imputation of such Athenians 
as were corrupted to be of his faction, as the 
kindlers of troubles, and disturbers of the peace 
and leagues: but as that party was in Athens too 


OBSERVATIONS ON A LIBEL. 435 


mighty, so as it discountenanced the true counsels 
of the orators, and so bred the ruin of that state, 
and accomplished the ends of that Philip : so it is to 
be hoped that in a monarchy, where there are com- 
monly better intelligences and resolutions than in a 
popular state, those plots as they are detected 
already, so they will be resisted and made frustrate, 

But to follow the hbeller in his own course; the 
sum of that which he delivereth concerning the im- 
putation, as well of the interruption of the amity 
between the crowns of England and of Spain, as the 
disturbance of the general peace of Christendom, 
unto the English proceedings, and not to the am- 
bitious appetites of Spain, may be reduced into 
three points. 

1. Touching the proceeding of Spain and Eng- 
land towards their neighbour states. 

2. Touching the proceeding of Spain and Eng- 
land between themselves. 

3. Touching the articles and conditions which it 
pleaseth him, as it were in the behalf of England, to 
pen and propose for the treating and concluding of 
an universal peace. 

In the first he discovereth how the king of Spain 
never offered molestation, neither unto the states of 
Italy, upon which he confineth by Naples and Milan ; 
neither unto the states of Germany, unto whom he 
confineth by a part of Burgundy and the Low Coun- 
tries; nor unto Portugal, till it was devolved to 
him in title, upon which he confineth by Spain; but 
contrariwise, as one that had in precious regard the 


436 OBSERVATIONS ON A LIBEL. 


peace of Christendom, he designed from the begin- 
ning to turn his whole forces upon the Turk. Only 
he confesseth, that agreeable to his devotion, which 
apprehended as well the purging of Christendom 
from heresies, as the enlarging thereof upon the 
Infidels, he was ever ready to give succours unto 
the French kings against the Huguenots, especially 
being their own subjects: whereas, on the other 
side, “ England,” as he affirmeth, “hath not only 
“ sowed troubles and dissentions in France and 
“ Scotland, the one their neighbour upon the con- 
“ tinent, the other divided only by the narrow seas, 
“but also hath actually invaded both kingdoms. 
“ For as for the matters of the Low Countries, 
“they belong to the dealings which have passed 
“ by Spain.” 

In answer whereof, it is worthy the consideration 
how it pleased God in that king to cross one passion 
by another; and namely, that passion which might 
shave proved dangerous unto all Europe, which was 
his ambition, by another which was only hurtful to 
himself and his own, which was wrath and indigna- 
tion towards his subjects of the Netherlands. For 
after that he was settled in his kingdom, and freed 
from some fear of the Turk, revolving his father’s 
design in aspiring to the monarchy of Europe, casting 
his eye principally upon the two potent kingdoms 
of France and England; and remembering how his 
father had once promised unto himself the conquest 
of the one ; and how himself by marriage had lately 
had some possession of the other; and seeing that 


OBSERVATIONS ON A LIBEL. 437 


diversity of religion was entered into both these 
realms; and that France was fallen unto princes: 
weak, and in minority; and England unto the go- 
vernment of a lady, in whom he did not expect that 
policy of government, magnanimity, and felicity, 
which since he hath proved, concluded, as the 
Spaniards are great waiters upon time, and ground 
their plots deep, upon two points ; the one to profess 
an extraordinary patronage and defence of the 
Roman religion, making account thereby to have 
factions in both kingdoms: in England a faction 
directly against the state; in France a faction that 
did consent indeed in religion with the king, and 
therefore at first shew should seem unproper to 
make a party for a foreigner. But he foresaw well 
enough that the king of France should be forced, to 
the end to retain peace and obedience, to yield in 
some things to those of the religion, which would 
undoubtedly alienate the fiery and more violent sort 
of papists ; which preparation in the people, added 
to the ambition of the family of Guise, which he 
nourished for an instrument, would in the end make 
a party for him against the state, as since it proved, 
and might well have done long before, as may well 
appear by the mention of league and associations, 
which is above twenty-five years old in France. 

The other point he concluded upon, was, that his 
Low Countries was the aptest place both for ports 
and shipping, in respect of England, and for situation 
in respect of France, having goodly frontier towns 
upon that realm, and joining also upon Germany, 


438 OBSERVATIONS ON A LIBEL. 


whereby they might receive in at pleasure any forces 
of Almaigns, to annoy and offend either kingdom. 
The impediment was the inclination of the people, 
which, receiving a wonderful commodity of trades 
out of both realms, especially of England ; and having 
been in ancient league and confederacy with our 
nation, and having been also homagers unto France, 
he knew would be in no wise disposed to either war: 
whereupon he resolved to reduce them to a martial 
government, like unto that which he had established 
in Naples and Milan; upon which suppression of 
their liberties ensued the defection of those provinces. 
And about the same time the reformed religion 
found entrance in the same countries; so as the 
king, inflamed with the resistance he found in the 
first part of his plots, and also because he might not 
dispense with his other principle in yielding to any 
toleration of religion ; and withal expecting a shorter 
work of it than he found, became passionately bent 
to reconquer those countries; wherein he hath con- 
sumed infinite treasure and forces. And this is the 
true cause, if a man will look into it, that hath made 
the king of Spain so good a neighbour; namely, 
that he was so intangled with the wars of the Low 
- Countries as he could not intend any other enter- 
| prise. Besides, in enterprising upon Italy, he doubted 
first the displeasure of the see of Rome, with whom 
he meant to run a course of strait conjunction; also 
he doubted it might invite the Turk to return. 
And for Germany, he had a fresh example of his 

father, who, when he had annexed unto the domi- 


OBSERVATIONS ON A LIBEL. 439 


nions which he now possesseth, the empire of Al- 
maign, nevertheless sunk in that enterprise ; whereby 
he perceived that the nation was of too strong a 
composition for him to deal withal: though not long 
since, by practice, he could have been contented to 
snatch up in the East the country of Embden. 
For Portugal, first, the kings thereof were good sons 
to the see of Rome; next, he had no colour of 
quarrel or pretence; thirdly, they were officious 
unto him: yet if you will believe the Genoese, who 
otherwise writeth much to the honour and advantage 
of the kings of Spain, it seemeth he had a good 
mind to make himself a way into that kingdom, 
seeing that for that purpose, as he reporteth, he did 
artificially nourish the young king Sebastian in the 
voyage of Afric, expecting that overthrow which 
followed. 

As for his intention to war upon the Infidels and 
Turks, it maketh me think what Francis Guicciar- 
dine, a wise writer of history, speaketh of his great 
grandfather, making a judgment of him as historio- 
graphers use; that he did always mask and veil his 
appetites with a demonstration of a devout and 
holy intention to the advancement of the Church 
and the public good. His father also, when he 
received advertisement of the taking of the French 
king, prohibited all ringings, and bonfires, and other 
tokens of joy ; and said, those were to be reserved 
for victories upon infidels: on whom he meant never 
to war. Many acruzado hath the bishop of Rome 
granted to him and his predecessors upon that 


4AO OBSERVATIONS ON A LIBEL. 


colour, which all have been spent upon the effusion 
of Christian blood : and now this year the levies of 
Germans, which should have been made underhand 
for France, were coloured with the pretence of war 
upon the Turk; which the princes of Germany 
descrying, not only break the levies, but threatened 
the commissioners to hang the next that should 
offer the like abuse: so that this form of dissembling 
is familiar, and as it were hereditary to the king of 
Spain. | 

And as for his succours given to the French king 
against the Protestants, he could not chuse but ac- 
company the pernicious counsels which still he gave 
to the French kings, of breaking their edicts, and 
admitting of no pacification, but pursuing their sub- 
jects with mortal war, with some offer of aids; 
which having promised, he could not but in some 
small degree perform; whereby also the subject 
of France, namely the violent Papist, was inured 
to depend upon Spain. And so much for the king 
of Spain’s proceeding towards other states. 

Now for ours: and first touching the point 
wherein he chargeth us to be the authors of troubles 
in Scotland and France ; it will appear to any that 
have been well informed of the memoirs of these 
affairs, that the troubles of those kingdoms were in- 
deed chiefly kindled by one and the same family of 
the Guise: a family, as was partly touched before, 
as particularly devoted now for many years together 
to Spain, as the order of the Jesuits is. This house 
of Guise, having of late years extraordinarily flou- 


ee a a TE ee a 


ee ed 


ee ee 


° 


OBSERVATIONS ON A LIBEL. 441 


rished in the eminent virtue of a few persons, whose 
ambition nevertheless was nothing inferior to their 
virtue; but being of a house, notwithstanding, which 
the princes of the blood of France reckoned but as 
strangers, aspired to a greatness more than civil and 
proportionable to their cause, wheresoever they had 
authority : and accordingly, under colour of consan- 
guinity and religion, they brought into Scotland in 
the year 1559, and in the absence of the king and 
queen, French forces in great numbers; whereupon 
the ancient nobility of that realm, seeing the immi- 
nent danger of reducing that kingdom under the 
tyranny of strangers, did pray, according to the good 
intelligence between the two crowns, her majesty’s 
neighbourly forces. And so it is true, that the 
action being very just and honourable, her majesty 
undertook it, expelled the strangers, and restored 
the nobility to their degrees, and the state to peace. 

After, when certain noblemen of Scotland of the 
same faction of Guise had, during the minority of 
the king, possessed themselves of his person, to the 
end to abuse his authority many ways; and namely, 
to make a breach between Scotland and England; 
her majesty’s forces were again, in the year 1582, 
by the king’s best and truest servants sought and re- 
quired: and with the forces of her majesty prevailed 
so far, as to be possessed of the castle of Edinburgh, 
the principal part of that kingdom ; which neverthe- 
less her majesty incontinently with all honour and 
sincerity restored, after she had put the king into 
good and faithful hands; and so, ever since, in all 


=. 


442 OBSERVATIONS ON A LIBEL. 


the occasions of intestine troubles, whereunto that 
nation hath been ever subject, she hath performed 
unto the king all possible good offices, and such as 
he doth with all good affection acknowledge. 

The same house of Guise, under colour of alli- 
ance, during the reign of Francis the Second, and by 
the support and practice of the queen-mother ; who, 
desiring to retain the regency under her own hands 
during the minority of Charles the Ninth, used those 
of Guise as a counterpoise to the princes of the 
blood, obtained also great authority in the kingdom 
of France: whereupon, having raised and moved 
civil wars under pretence of religion, but indeed to 
enfeeble and depress the ancient nobility of that 
realm; the contrary part, being compounded of the 
blood-royal and the greatest officers of the crown, 
opposed themselves only against their insolency; 
and to their aids called in her majesty’s forces, giving 
them for security the town of Newhaven; which, 
nevertheless, when as afterwards, having by the re- 
putation of her majesty’s confederation made their 
peace in effect as they would themselves, they would, 
without observing any conditions that had passed, 
have had it back again; then indeed, it was held by 
force, and so had been long, but for the great mor- 
tality which it pleased God to send amongst our men. 
After which time, so far was her majesty from seek- 
ing to sow or kindle new troubles, as continually, by 
the solicitation of her ambassadors, she still per- 
suaded the kings, both Charles IX. and Henry III. 
to keep and observe their edicts of pacification, and 


Sh, a 


OBSERVATIONS ON A LIBEL. 443 


to preserve their authority by the union of their sub- 
jects; which counsel, if it had been as happily fol- 
lowed as it was prudently and sincerely given, France 
had been at this day a most flourishing kingdom, 
which is now a theatre of misery : and now in the 
end, after that the ambitious practices of the same 
house of Guise had grown to that ripeness, that 
gathering farther strength upon the weakness and 
mis-government of the said king Henry III. he was 
fain to execute the duke of Guise without ceremony 
at Blois. And yet, nevertheless, so many men were 
embarked and engaged in that conspiracy, as the 
flame thereof was nothing assuaged; but, contrari- 
wise, that king Henry grew distressed, so as he was 
enforced to implore the succours of England from 
her majesty, though no way interested in that quar- 
rel, nor any way obliged for any good offices she had 
received of that king, yet she accorded to the same: 
before the arrival of which forces, the king being by 
a sacrilegious Jacobine murdered in his camp near 
Paris, yet they went on, and came in good time for 
the assistance of the king which now reigneth; the 
justice of whose quarrel, together with the long con- 
tinued amity and good intelligence, which her ma- 
jesty had with him, hath moved her majesty from 
time to time to supply with great aids; and yet she 
never, by any demand, urged upon him the putting 
into her hands of any town or place: so as upon this 
that hath been said let the reader judge, whether 
hath been the more just and honourable proceeding, 
and the more free from ambition and passion towards 


444 OBSERVATIONS ON A LIBEL. 


other states; that of Spain, or that of England. 
Now let us examine the proceedings reciprocal be- 
tween themselves. 

Her majesty, at her coming to the crown, found 
her realm intangled with the wars of France and 
Scotland, her nearest neighbours ; which wars were 
grounded only upon the Spaniard’s quarrel; but in 
the pursuit of them had lost England the town of 
Calais: which, from the twenty-first of king Ed- 
ward III. had been possessed by the kings of Eng- 
land. There was a meeting near Bourdeaux, to- 
wards the end of Queen Mary’s reign, between the 
commissioners of France, Spain, and England, and 
some overture of peace was made; but broke off 
upon the article of the restitution of Calais. After 
Queen Mary’s death, the king of Spain, thinking him- 
self discharged of that difficulty, though in honour 
he was no less bound to it than before, renewed the 
like treaty, wherein her majesty concurred: so as 
the commissioners for the said princes met at Chas- 
teau Cambraissi, near Cambray. In the proceedings 
of which treaty, it is true, that at the first the commis- 
sioners of Spain, for form and in demonstration only, 
pretended to stand firm upon the demand of Calais: 
but it was discerned, indeed, that the king’s meaning 
was, after some ceremonies and prefunctory insisting 
thereupon, to grow apart to a peace with the French, 
excluding her majesty, and so to leave her to make 
her own peace, after her people had made his wars. 
Which covert dealing being politicly looked into, 
her majesty had reason, being newly invested in her 


OBSERVATIONS ON A LIBEL. 445 


kingdom, and of her own inclination being affected 
to peace, to conclude the same with such conditions 
as she might: and yet the king of Spain in his dis- 
simulation had so much advantage as she was fain to 
do it ina treaty apart with the French ; whereby to 
one that is not informed of the counsels and treaties 
of state, as they passed, it should seem to be a 
voluntary agreement of her majesty, whereto the 
king of Spain would not be party: whereas indeed 
he left her no other choice; and this was the first 
assay or earnest penny of that king’s good affection 
to her majesty. 

About the same time, when the king was solicited 
to renew such treaties and leagues as had passed be- 
tween the two crowns of Spain and England, by the 
lord Cobham, sent unto him, to acquaint him with 
the death of queen Mary; and afterwards by Sir 
Thomas Chaloner and Sir Thomas Chamberlain, 
successively ambassadors resident in his Low Coun- 
tries; who had order, divers times, during. their 
charge, to make overtures thereof, both under the 
king, and certain principal persons about him; and 
lastly, those former motions taking no effect, by 
Viscount Montacute and Sir Thomas Chamberlain, 
sent into Spain in the year 1560; no other answer 
could be had or obtained of the king, but that the 
treaties did stand in as good force to all intents as 
new ratification could make them. An answer 
strange at that time, but very conformable to his 
proceedings since: which belike even then were 
closely smothered in his own breast. For had he 


4.46 OBSERVATIONS ON A LIBEL. 


20t at that. time had some hidden alienation of mind, 
and design of an enemy towards her majesty, so 
wise a king could not be ignorant, that tle renewing 
and ratifying of treaties between princes and states 
do add great life and force, both of assurance to the 
parties themselves, and countenance and reputation 
to the world besides; and have for that cause been 
commonly and necessarily used and practised. 

In the message of Viscount Montacute, it was 
also contained, that he should crave the king’s 
counsel and assistance, according to amity and good 
intelligence, upon a discovery of certain pernicious 
plots of the house of Guise, to annoy this realm by 
the way of Scotland: whereunto the king’s answer 
was so dark and so cold, that nothing could be made 
of it, till he had made an exposition of it himself by 
effects, in the express restraint of munition to be 
carried out of the Low Countries unto the siege of 
Leith ; because our nation was to have supply there- 
of from thence. So as in all the negociations that 
passed with that king, still her majesty received no 
satisfaction, but more and more suspicious and bad 
tokens of evil affection. 

Soon after, when upon that project, which was 
disclosed before the king had resolved to disanul 
the liberties and privileges unto his subjects of the 
Netherlands anciently belonging ; and to establish 
amongst them a martial government, which the 
people, being very wealthy, and inhabiting towns 
very strong and defensible by fortifications both of 
nature and the hand, could not endure, there fol- 


Te ee 


ee eee 


OBSERVATIONS ON A LIBEL. 4A7 


lowed the defection and revolt of those countries. In 
which action, being the greatest of all those which 
have passed between Spain and England, the pro- 
ceeding of her majesty hath been so just, and 
mingled with so many honourable regards, as no- 
thing doth so much clear and acquit her majesty, not 
only from passion, but also from all dishonourable 
policy. For first, at the beginning of the troubles, 
she did impart unto him faithful and sincere advice 
of the course that was to be taken for the quieting 
and appeasing them; and expressly forewarned both 
himself and such as were in principal charge in 
those countries, during the wars, of the danger like 
to ensue if he held so heavy a hand over that people ; 
lest they should cast themselves into the arms 
of a stranger. But finding the king’s mind so ex- 
ulcerated as he rejected all counsel that tended to 
mild and gracious proceeding, her majesty never- 
theless gave not over her honourable resolution, 
which was, if it were possible, to reduce and recon- 
cile those countries unto the obedience of their 
natural sovereign the king of Spain; and if that 
might not be, yet to preserve them from alienating 
themselves to a foreign lord, as namely unto the 
French, with whom they much treated ; and amongst 
whom the enterprise of Flanders was ever pro- 
pounded as a mean to unite their own civil dissen- 
sions, but patiently temporising, expected the good 
effect which time might breed. And whensoever the 
states grew into extremities of despair, and thereby 
ready to embrace the offer of any foreigner, then 


448 OBSERVATIONS ON A LIBEL. 


would her majesty yield them some relief of money, 
or permit some supply of forces to go over unto 
them; to the end, to interrupt such violent resolu- 
tion: and still continued to mediate unto the king 
some just and honourable capitulations of grace and 
accord, such as whereby always should have been 
preserved unto him such interest and authority as he 
in justice could claim, or a prince moderately minded 
would seek to have. And this course she held in- 
terchangeably, seeking to mitigate the wrath of the 
king, and the despair of the countries, till such time 
as after the death of the duke of Anjou, into whose 
hands, according to her majesty’s prediction, but 
against her good liking, they had put themselves, 
the enemy pressing them, the United Provinces were 
received into her majesty’s protection: which was 
after such time, as the king of Spain had discovered 
himself, not only an implacable lord to them, but 
also a professed enemy unto her majesty; having 
actually invaded Ireland, and designed the invasion 
of England. For it is to be noted, that the like 
offers which were then made unto her majesty, had 
been made to her long before: but as long as her 
majesty conceived any hope, either of making their 
peace, or entertaining her own with Spain, she 
would never hearken thereunto. And yet now, even 
at last, her majesty retained a singular and evident 
proof to the world of her justice and moderation, 
in that she refused the inheritance and sovereignty 
of those goodly provinces; which by the states, 
with much instance, was pressed upon her; and 


Le ee 


Sb aaa 


NE ee ee oe 


OBSERVATIONS ON A LIBEL. 449 


being accepted, would have wrought greater con- 
tentment and satisfaction both to her people and 
theirs, being countries for the site, wealth, commo- 
dity of traffic, affection to our nation, obedience of 
the subjects, well used, most convenient to have been 
annexed to the crown of England, and with all one 
charge, danger, and_ offence of Spain; only took 
upon her the defence and protection of their liberties ; 
which liberties and privileges are of that nature, as 
they may justly esteem themselves but conditional 
subjects to the king of Spain, more justly than 
Arragon: and may make her majesty as justly 
esteem the ancient confederacies and treaties with 
Burgundy to be of force rather with the people and 
nation, than with the line of the duke; because it 
was never an absolute monarchy. So as, to sum up 
her majesty’s proceedings in this great action, they 
have but this, that they have sought first to restore 
them to Spain, then to keep them from strangers, 
and never to purchase them to herself, 


But during all that time, the king of Spain kept 
one tenor in his proceedings towards her majesty, 
breaking forth more and more into injuries and con- 
tempts: her subjects trading into Spain have been 
many of them burned; some cast into the galleys; 
others have died in prison, without any other crimes 
committed, but upon quarrels picked upon them for 
their religion here at home. Her merchants, at the 
sack of Antwerp, were divers of them spoiled and put 
to their ransoms, though they could not be charged 

VOL. V. GG 


450 OBSERVATIONS ON A LIBEL, 


with any partaking; neither, upon the complaint 
of Doctor Wilson and Sir Edward Horsey, could 


any redress be had. A general arrest was made by 


the duke of Alva of Englishmens both goods and — 


persons, upon pretence that certain ships, stayed in 
this realm laden with goods and money of certain 
merchants of Genoa, belonged to that king: which 
money and goods was afterwards, to the uttermost 
value, restored and paid back; whereas our men 
were far from receiving the like justice on their side. 
Dr. Man, her majesty’s ambassador, received, during 
his legation, sundry indignities; himself being re- 
moved out of Madrid, and lodged in a village, as 
they are accustomed to use the ambassadors of 
Moors: his son and steward forced to assist at a 
mass with tapers in their hands; besides sundry 
other contumelies and reproaches. But the spoiling 
or damnifying of a merchant, vexation of a common 
subject, dishonour of an ambassador, were rather 
but demonstrations of , ill disposition, than effects, 
if they be compared with actions of state, wherein 
he and his ministers have sought the overthrow of 
this government. As in the year 1569, when the 
rebellion in the north part of England brake forth ; 
who but the duke of Alva, then the king’s lieutenant 
in the Low Countries, and Don Guerres of Espes, 
then his ambassador lieger here, were discovered to 
be chief instruments and practisers; having com- 
plotted with the duke of Norfolk at the same time, as 
was proved at the same duke’s condemnation, that 


ee ee 


a 


OBSERVATIONS ON A LIBEL. 451 


an army of twenty thousand men should have landed 
at Harwich, in aid of that part, which the said duke 
had made within the realm, and the said duke 
having spent and employed one hundred and fifty 
thousand crowns in that preparation. 

Not contented thus to have consorted and as- 
sisted her majesty’s rebels in England, he procured a 
rebellion in Ireland ; arming and sending thither in 
the year 1579 an arch-rebel of that country, James 
Fitz-Morrice, which before was fled. And truly to 
speak, the whole course of molestation, which her 
majesty hath received in that realm by the rising 
and keeping on of the Irish, hath been nourished 
and fomented from Spain; but afterwards most ap- 


‘parently, in the year 1580, he invaded the same 


Ireland with Spanish forces, under an Italian colonel, 


_ by name San Josepho, being but the forerunners of 


a greater power; which by treaty between him and 
the pope should have followed, but that by the 
speedy defeat of those former, they were discouraged 
to pursue the action: which invasion was proved to 
be done by the king’s own orders, both by the letters 
of secretary Escovedo, and of Guerres to the king ; 


_ and also by divers other letters, wherein the parti- 


cular conferences were set down concerning this 
enterprise between cardinal Riario the pope’s legate, 
and the king’s deputy in Spain, touching the general, . 
the number of men, the contribution of money, and 
the manner of the prosecuting of the action, and by 
the confession of some of the chiefest of those that 
were taken prisoners at the fort; which act being an 


452 OBSERVATIONS ON A LIBEL. 


act of apparent hostility, added unto all the injuries 
aforesaid, and accompanied with a continual receit, 
comfort, and countenance, by audiencies, pensions, 
and employments, which he gave to traitors and 
fugitives, both English and Irish; as Westmore- 
land, Paget, Englefield, Baltinglass, and numbers of 
others; did sufficiently justify and warrant that 
pursuit of revenge, which, either in the spoil of 
Carthagena and San Domingo in the Indies, by Mr. 
Drake, or in the undertaking the protection of the 
Low Countries when the earl of Leicester was sent 
over, afterwards followed. For before that time her 
majesty, though she stood upon her guard in respect 
of the just cause of jealousy, which the sundry inju- 
ries of that king gave her; yet had entered into no 
offensive action against him. For both the voluntary 
forces which Don Antonio had collected in this 
realm, were by express commandment restrained, 
and offer was made of restitution to the Spanish am- 
bassador of such treasure as had been brought into 
this realm, upon proof that it had been taken by 
wrong; and the duke of Anjou was, as much as 
could stand with the near treaty of a marriage which 
then was very forward between her majesty and 
the said duke, diverted from the PALOR EES of 
Flanders. i 

But to conclude this pomt: when that, some 
years after, the invasion and conquest of this land, 
intended long before, but through many crosses and 
impediments, which the king of Spain found in his 
plots, deferred, was in the year 1588 attempted ; 


OBSERVATIONS ON A LIBEL. 453 


her majesty, not forgetting her own nature, was con- 
tent at the same instant to treat of a peace; not 
ignorantly, as a prince that knew not in what for- 
wardness his preparations were, for she had dis- 
covered them long before, nor fearfully, as may ap- 
pear by the articles whereupon her majesty in that 
treaty stood, which were not the demands: of a 
prince afraid; but only to spare the shedding of 
Christian blood, and to shew her constant desire to 
make her reign renowned, rather by peace than 
victories : which peace was on her part treated sin- 
cerely, but on his part, as it should seem, was but an 
abuse ; thinking thereby to have taken us more un- 
provided: so that the duke of Parma, not liking to 
be used as an instrument in such a case, in regard of 
his particular honour, would sometimes in treating 
interlace, that the king his master meant to make 
his peace with his sword in his hand. Let it then 
be tried, upon an indifferent view of the proceedings 
of England and Spain, who it is that fisheth in 
troubled waters, and hath disturbed the peace of 
Christendom, and hath written and described all his 
plots in blood. 

There follow the articles of an universal peace, 
which the libeller, as a commissioner for the estate 
of England, hath propounded, and are these : 

First, that the king of Spain should recall such 
forces, as, of great compassion to the natural people 
of France, he hath sent thither to defend them 
against a relapsed Huguenot. 


454 OBSERVATIONS ON A LIBEL. 


Secondly, that he suffer his rebels of Holland 
and Zealand quietly to possess the places they hold, 
and to take unto them all the rest of the Low 
Countries also ; conditionally, that the English may 
still keep the possession: of such port towns as they 
have, and haye some half a dozen more annexed unto 
them. 

Thirdly, that the English rovers might peaceably 
go to his Indies, and there take away his treasure 
and his Indies also. 

And these articles being accorded, he saith, 
might follow that peace which passeth all under- 
standing, as he calleth it in a scurrile and pro- 
phane mockery of the peace which Christians enjoy 
with God, by the atonement which is made by the 
blood of Christ, whereof the Apostle saith that it 
passeth all understanding. But these his articles 
are sure mistaken, and indeed corrected are briefly 
these : 

1. That the king of France be not impeached in 
reducing his rebels to obedience. 

2. That the Netherlands be suffered to enjoy 
their ancient liberties and privileges, and so forces 
of strangers to be withdrawn, both English and 
Spanish. | 

3. That all nations may trade into the East and 
West Indies; yea, discover and occupy such parts 
as the Spaniard doth not actually possess, and are 
not under civil government, notwithstanding any 
donation of the pope. 


OBSERVATIONS ON A LIBEL. 455 


V. Of the cunning of the libeller, in palliation of 
his malicious invectives against her majesty 
and the state, with pretence of taxing only the 
actions of the lord Burleigh. 

I cannot rightly call this point cunning in the 
libeller, but rather good will to be cunning ; without 
skill indeed or judgment: for finding that it hath 
been the usual and ready practice of seditious sub- 
jects to plant and bend their invectives and clamours, 
not against the sovereigns themselves, but against 
some such as had grace with them, and authority 
under them, he put in ure his learning in a wrong 
and unproper case. For this hath some appearance 
to cover undutiful invectives, when it is used against 
favourites or new upstarts, and sudden-risen coun- 
sellors: but when it shall be practised against one 
that hath been counsellor before her majesty’s time, 
and hath continued longer counsellor than any other 
counsellor in Europe; one that must needs have been 
great if it were but by surviving alone, though he 
had no other excellency; one that hath passed the 
degrees of honour with great travel and long time, 
which quencheth always envy, except it be joined 
with extreme malice; then it appeareth manifestly 
to be but a brick-wall at tennis to make the defama- 
tion and hatred rebound from the counsellor upon 
the prince. And assuredly they be very simple to 
think to abuse the world with those shifts ; since 
every child can tell the fable, that the wolf’s malice 
was not to the shepherd, but to his dog. It is true, 
that these men have altered their tune twice or 


456 OBSERVATIONS ON A LIBEL. 


thrice: when the match was in treating with the 
duke of Anjou, they spake honey as to her majesty ; 
all the gall was uttered against the earl of Leicester : 
but when they had gotten heart upon expectation of 
the invasion, they changed style, and disclosed all the 
venom in the world immediately against her majesty : 
what new hope hath made them return to their Si- 
non’s note, in teaching Troy how to save itself, I 
cannot tell. But in the mean time they do his lord- 
ship much honour: for the more despitefully they 
inveigh against his lordship, the more reason hath 
her majesty to trust him, and the realm to honour 
him. It was wont to be a token of scarce a good 
liegeman when the enemy spoiled the country, and 
left any particular men’s houses or fields unwasted. 


VI. Certain true general notés upon the actions 

of the lord Burleigh. 

But above all the rest, it is a strange fancy in the 
libeller that he maketh his lordship to be the “ pri- 
mum mobile” in every action without distinction; that 
to him her majesty is accountant of her resolutions ; 
that to him the earl of Leicester and Mr. Secretary 
Walsingham, both men of great power, and of great 
wit and understanding, were but as instruments: 
whereas it is well known, that as to her majesty, 
there was never a counsellor of his lordship’s long 
continuance that was so appliable to her majesty’s 
princely resolutions ; endeavouring always, after 
faithful propositions and remonstrances, and these in 
the best words, and the most grateful manner, to 


OBSERVATIONS ON A LIBEL. 457 


rest upon such conclusions, as her majesty in her own 
wisdom determineth, and them to execute to the 
best: so far hath he been from contestation, or draw- 
ing her majesty into any his own courses. And as 
for the forenamed counsellors and others, with whom 
his lordship had consorted in her majesty’s services 
it is rather true that his lordship, out of the great- 
ness of his experience and wisdom, and out of the 
coldness of his nature, hath qualified generally all 
hard and extreme courses, as far as the service of her 
majesty, and the safety of the state, and the making 
himself compatible with those with whom he served, 
would permit: so far hath his lordship been from in- 
citing others, or running a full course with them in 
that kind. But yet it is more strange that this man 
should be so absurdly malicious, as he should charge 
his lordship, not only with all actions of state, but 
also with all the faults and vices of the times; as, if 
curiosity and emulation have bred some controversies 
‘in the Church; though, thanks be to God, they ex- 
tend but to outward things; as, if wealth, and the 
cunning of wits have brought forth multitudes of 
suits in law; as, if excess in pleasures, and in mag- 
nificence, joined with the unfaithfulness of servants, 
and the greediness of moneyed men, have decayed 
the patrimony of many noblemen, and others ; that 
-all these, and such like conditions of the time, should 
be put on his lordship’s account ; who hath been, as 
far as to his place appertaineth, a most religious and 
- wise moderator in Church-matters to have unity kept; 
who with great justice hath dispatched infinite causes 


458 OBSBRVATIONS ON A LIBEL. 


in law that have orderly been brought before him: 
and for his own example, may say that which few 
men can say; but was sometimes said by Cephalus, 
the Athenian so much renowned in Plato’s works; 
who having lived near to the age of an hundred 
years, and in continual affairs and business, was wont 
to say of himself; ‘‘ That he never sued any, neither 
had been sued by any :” who by reason of his office 
hath preserved many great houses from overthrow, 
by relieving sundry extremities towards such as in 
their minority have been circumvented ; and towards 
all such as his lordship might advise, did ever per- 
suade sober and limited expence. Nay, to make 
proof farther of his contented manner of life, free 
from suits and covetousness ; as he never sued any 
man, so did he never raise any rent, or put out any 
tenant of his own: nor ever gave consent to have 
the like done to any of the queen’s tenants ; matters 
singularly to be noted in this age. a 
But however, by this fellow, as in a false artificial 
glass, which is able to make the best face deformed, 
his lordship’s doings being set forth ; yet let his pro- 
ceedings, which be indeed his own, be indifferently 
weighed and considered; and let men call to mind, 
that his lordship was never a violent and transported 
man in matters of state, but ever respective and 
moderate; that he was never man in his particular 
a breaker of necks; no heavy enemy, but ever pla- 
cable and mild; that he was never a brewer of holy 
water in court; no dallier, no abuser, but ever real 
and certain; that he was never a bearing man, nor 


OBSERVATIONS ON A LIBEL. ASD 


carrier of causes, but ever gave way to justice and 
course of law ; that he was never a glorious wilful 
proud man, but ever civil and familiar, and good to 
deal withal; that in the course of his service, he 
hath rather sustained the burden, than sought the 
fruition of honour or profit; scarcely sparing any 
time from his cares and travels to the sustentation of 
his health; that he never had, nor sought to haye 
for himself and his children, any pennyworth of 
lands or goods that appertained to any attainted of 
any treason, felony, or otherwise; that he never 
had, or sought any kind of benefit by any forfeiture 
to her majesty ; that he was never a factious com- 
mender of men, as he that intended any ways to 
besiege her, by bringing in men at his devotion ; but 
was ever a true reporter unto her majesty of every 
man’s deserts and abilities; that he never took the 
course to unquiet or offend, no nor exasperate her 
majesty, but to content her mind, and mitigate her 
displeasure ; that he ever bare himself reverently 
and without scandal in matters of religion, and — 
without blemish in his private course of life. Let 
men, I say, without passionate malice, call to mind 
these things, and they will think it reason, that 
though he be not canonized for a saint in Rome, yet 
he is worthily celebrated as “ Pater patriae” in Eng- 
land, and though he be libelled against by fugitives, 
yet he is prayed for by a multitude of good subjects; 
and lastly, though he be envied whilst he liveth, yet 
he shall be deeply wanted when he is gone. And 
assuredly many princes have had many servants of 


460 OBSERVATIONS ON A LIBEL. 


trust, name, and sufficiency : but where there have 
been great parts, there hath often wanted temper of 
affection; where there have been both ability and 
moderation, there have wanted diligence and love of 
travail ; where all three have been, there have some- 
times wanted faith and sincerity ; where some few 
have had all these four, yet they have wanted time 
and experience: but where there is a concurrence of 
all these, there is no marvel, though a prince of 
judgment be constant in the employment and trust 
of such a servant. 


VII. Of divers particular untruths and abuses 

dispersed through the libel. 

The order which this man keepeth in his libel, is 
such, as it may appear, that he meant but to empty 
some note-book of the matters of England, to bring 
in, whatsoever came of it, a number of idle jests, 
which he thought might fly abroad ; and intended 
nothing less than to clear the matters he handled by 
the light of order and distinct writing. Having 
therefore in the principal points, namely, the second, 
third, and fourth articles, ranged his scattering and 
wandering discourse into some order, such as may 
help the judgment of the reader, I am now content 
to gather up some of his by-matters and straggling 
untruths, and very briefly to censure them. 

Page 9, he saith, that his lordship could neither 
by the greatness of his beads, creeping to the cross, 
nor exterior shew of devotion before the high altar, 
find his entrance into high dignity in queen Mary’s 


OBSERVATIONS ON A LIBEL. 461 


time. All which is a mere fiction at pleasure; for 
queen Mary bare that respect unto him, in regard 
of his constant standing for her title, as she desired 
to continue his service; the refusal thereof growing 
from his own part: he enjoyed nevertheless all other 
liberties and favours of the time; save only that it 
was put into the queen’s head that it was dangerous 
to permit him to go beyond the sea, because he had 
a great wit of action, and had served in so principal 
a place; which nevertheless after, with cardinal 
Pool, he was suffered to do. | 

Page “ eadem” he saith, Sir Nicholas Bacon, that 
was lord keeper, was a man of exceeding crafty wit; 
which sheweth that this fellow in his slanders is no 
good marksman, but throweth out his words of 
defaming without all level. For all the world noted 
Sir Nicholas Bacon to be a man plain, direct, and 
constant, without all finesse and doubleness; and 
one that was of the mind that a man in his private 
proceedings and estate, and in the proceedings of 
state, should rest upon the soundness and strength 
of his own courses, and not upon practice to circum- 
vent others; according to the sentence of Solomon, 
«Vir prudens advertit ad gressus suos, stultus 
“ autem divertit ad dolos:” insomuch that the bishop 
of Ross, a subtle and observing man, said of him, 
that he could fasten no words upon him, and that it 
was impossible to come within him, because he 
offered no play: and the queen-mother of France, a 
very politic princess, said of him, that he should 
have been of. the council of Spain, because he 


462 OBSERVATIONS ON A LIBEL. 


despised the occurrents, and rested upon the first 
plot; so that if he were crafty, it is hard to say who 
is wise. ; 
Page 10, he saith, that the lord Burleigh, in the 
establishment of religion, in the beginning of the 
queen’s time, prescribed a composition of his own 
invention; whereas the same form, not fully six 
years before, had been received in this realm in king 
Edward's time: so as his lordship being a Christian 
politic counsellor, thought it better to follow a pre- 
cedent, than to innovate; and chose the precedent 
rather at home than abroad. 
Page 41, he saith, that catholics never attempted 
to murder any principal person of her majesty’s 
court, as did Burchew, whom he calleth a puritan, 
in wounding of a gentleman instead of Sir Christo- 
pher Hatton; but by their great virtue, modesty, 
and patience, do manifest in themselves a far dif- 
ferent spirit from the other sort. For Burchew, it 
is certain he was mad; as appeareth not only by his 
mad mistaking, but by the violence that he offered 
afterwards to his keeper, and most evidently by his 
behaviour at his execution: but of catholics, I mean 
the traitorous sort of them, a man may say as Cato 
said sometimes of Cesar, “‘ eum ad evertendam rem- 
“publicam sobrium accessisse:” they came sober 
and well advised to their treasons and conspiracies ; 
and commonly they look not so low as the counsel- 
lors, but have bent their murderous attempts imme- 
diately against her majesty’s sacred person, which 
God have in his precious custody! as may appear 


OBSERVATIONS ON A LIBEL. 463 


by the conspiracy of Sommervile, Parry, Savage, 
the six, and others; nay, they have defended it “‘ in 
“ thesi,” to bea lawful act. 

Page 43, he saith, That his lordship, whom he 
calleth the arch-politic, hath fraudulently provided, 
that when any priest is arraigned, the indictment is 
enforced with many odious matters: wherein he 
sheweth great ignorance, if it be not malice; for 
the law permitteth not the ancient forms of indict- 
ments to be altered ; like as, in an action of trespass, 
although a man take away another’s goods in the 
peaceablest manner in the world, yet the writ hath 
“ quare vi et armis;” and if a man enter upon 
another’s ground and do no more, the plaintiff 
mentioneth “ quod herbam suam, ibidem crescentem, 
“ cum equis, bobus, porcis, et bidentibus, depastus 
“ sit, conculcavit et consumpsit.” Neither is this any 
absurdity, for in the practice of all law the formu- 
laries have been few and certain; and not varied 
according to every particular case. And in indict- 
ments also of treason, it is not so far fetched as in 
that of trespass; for the law ever presumeth in 
treason an intention of subverting the state, and im- 
peaching the majesty royal. 

Page 45, and in other places, speaking of the 
persecuting of the catholics, he still mentioneth 
bowellings and consuming men’s entrails by fire; as 
if this were a torture newly devised: wherein he 
doth cautelously and maliciously suppress, that the 
law and-custom of this land from all antiquity hath 
ordained that punishment in case of treason, and 


464 OBSERVATIONS ON A LIBEL, 


permitteth no other. And a punishment surely it 
is, though of great terror, yet by reason of the 
quick dispatching, of less torment far than either 
the wheel or forcipation, yea than simple burning. 

Page 48, he saith, England is confederate with 
the great Turk: wherein if he mean it because the 
merchants have an agent in Constantinople, how 
will he answer for all the kings of France since 
Francis the first, which were good catholics? For 
the Emperor? For the king of Spain himself? For 
the senate of Venice, and other states, that have had 
long time ambassadors liegers in that court? If he 
~mean it because the Turk hath done some special 
honour to our ambassador, if he be so to be termed, 
we are beholden to the king of Spain for that: for 
that the honour, we have won upon him by oppo- 
sition, hath given us reputation through the world : 
if he mean it because the Turk seemeth to affect us 
for the abolishing of images; Jet him consider then 
what a scandal the matter of images hath been in 
the church, as having been one of the principal 
branches whereby Mahometism entered. 

Page 65, he saith, Cardinal Allen was of late 
very near to have been elected pope. Whereby he 
would put the catholics here in some hope, that once 
within five or six years, for a pope.commonly sitteth 
no longer, he may obtain that which he missed nar- 
rowly.. This is a direct abuse, for it is certain in all 
the conclaves since Sixtus Quintus, who gave him his 
hat, he was never in possibility; nay, the king of 
Spain, that hath patronized the church of Rome so 


OBSERVATIONS ON A LIBEL. AGS 


long, as he is become a right patron of it, in that he 
seeketh to present to that see whom he liketh, yet 
never durst strain his credit to so desperate a point 
as once to make a canvass for him: no, he never no- 
minated him in his inclusive narration. And those 
that know any thing of the respects of conclaves, 
know that he is not papable: first, because he is an 
ultramontane, of which sort there hath been none 
these fifty years. Next, because he is a cardinal of 
alms of Spain, and wholly at the devotion of that 
king. Thirdly, because: he is like to employ the 
treasure and favours of the popedom upon the en- 
terprizes of England, and the relief and advance- 
ment of English fugitives, his necessitous country- 
men. So as he presumed much upon the simplicity 
of the reader in this point, as in many more. 

Page 55. and again p. 70, he saith, his lordship, 
- meaning the lord Burleigh, intendeth to match his 
grandchild Mr. William Cecil with the lady Ara- 
bella. Which being a mere imagination, without 
any circumstance at all to induce it, more than that 
they are both unmarried, and that their years agree 
well, needeth no answer. It is true that his lord- 
ship, being no stoical unnatural man, but loving to- 
wards his children, for “ charitas reipublicae incipit 
a familia,” hath been glad to match them into 
honourable and good blood: and yet not so, but that 
a private gentleman of Northamptonshire, that lived 
altogether in the country, was able to bestow his 
daughters higher than his lordship hath done. But 
yet it is not seen by any thing past, that his lord- 

VOL. V. HH 


466 OBSERVATIONS ON A LIBEL. 


ship ever thought or affected to match his children 
in the blood royal. His lordship’s wisdom, which 
hath been so long of gathering, teacheth him to 
leave to his posterity rather surety than danger. 
And I marvel where be the combinations which have 
been with great men; and the popular and plausi- 
ble courses, which ever accompany such designs, as 
the libeller speaketh of: and therefore this match is 
but like unto that which the same fellow concluded 
between the same lady Arabella and the earl of Lei- 
cester’s son, when he was but a twelvemonth old. 
Page 70. he saith, He laboureth incessantly with 
the queen to make his eldest son deputy of Ireland ; 
as if that were such a catch, considering all the de- 
puties since her majesty’s time, except the earl of 
Sussex and the lord Grey, have been persons of 
meaner degree than Sir Thomas Cecil is; and the 
most that is gotten by that place, is but the saving 
and putting up of a man’s own revenues, during 
those years that he serveth there ; and this perhaps 
to be saved with some displeasure at his return. 
Page “ eadem” he saith, He hath brought in his 
second son Sir Robert Cecil to be of the council, who 
hath neither wit nor experience ; which speech is as 
notorious an untruth as is in all the libel: for it is 
confessed by all men that know the gentleman, that 
he hath one of the rarest and most excellent wits of 
England, with a singular delivery and application of 
the same; whether it be to use a continued speech, 
or to negociate, or to couch in writing, or to make 
report, or discreetly to consider of the circumstances, 


OBSERVATIONS ON A LIBEL. 467 


and aptly to draw things to a point; and all this 
joined with a very good nature and a great respect 
to all men, as is daily more and more revealed. And 
for his experience, it is easy to think that his training 
and helps hath made it already such, as many, that 
have served long prentishood for it, have not attained 
the like: so as if that be true, “ qui beneficium dig- 
no dat, omnes obligat,” not his father only, but the 
state is bound unto her majesty, for the choice and 
employment of so sufficient and worthy a gentle- 
man. 

There be many other follies and absurdities in 
the book ; which, if an eloquent scholar had it in 
hand, he would take advantage thereof, and justly 
make the author not only odious, but ridiculous and 
contemptible to the world: but I pass them over, 
and even this which hath been said hath been vouch- 
safed to the value and worth of the matter, and not 
the worth of the writer, who hath handled a theme 
above his compass. 


VIII. Of the height of impudency that these 
men are grown unto in publishing and avouch- 
ing untruths, with a particular recital of some 

_ of them for an assay. 

These men are grown to a singular spirit and 
faculty in lying and abusing the world; such as, it 
seemeth, although they are to purchase a particular 
dispensation for all other sins, yet they have a dis- 
pensation dormant to lie for the catholic cause ; 


468 OBSERVATIONS ON A LIBEL. 


which moveth me to give the reader a taste of their 
untruths, such as are written, and are not merely 
gross and palpable ; desiring him out of their own 
writings, when any shall fall into his hands, to in- 
crease the roll at least in his own memory. 

We retain in our calendars no other holydays 
but such as have their memorials in the Scriptures ; 
and therefore in the honour of the blessed Virgin; 
we only receive the feasts of the annunciation and 
the purification ; omitting the other of the concep- 
tion and the nativity ; which nativity was used to: 
be celebrated upon the eighth of September, the 
vigil. whereof happened to be the nativity of our 
queen: which though we keep not holy, yet we use 
therein certain civil customs of joy and gratulation, 
as ringing of bells, bonfires, and such like: and 
likewise make a memorial of the same day in our 
calendar: whereupon they have published, that we 
have expunged the nativity of the blessed Virgin, 
and put instead thereof the nativity of our queen: 
and farther, that we sing certain hymns unto her, 
used to be sung unto our Lady. 

It happened that, upon some bloodshed in the 
church of Paul’s, according to the canon law, yet 
with us in force, the said church was interdicted, 
and so the gates shut up for some few days; where- 
upon they published, that, because the same church 
is a place where people use to meet to walk and 
confer, the queen’s majesty, after the manner of the 
ancient tyrants, had forbidden all assemblies and 


OBSERVATIONS ON A LIBEL. 469 


meetings of people together, and for that reason, 
upon extreme jealousy, did cause Paul’s gates to be 
shut up. 

The gate of London called Ludgate, being in 
decay, was pulled down, and built anew; and on 
the one side was set up the image of king Lud and 
his two sons; who, according to the name, was 
thought to be the first founder of that gate ; and on 
the other side, the image of her majesty, in whose 
time it was re-edified; whereupon they published 
that her majesty, after all the images of the saints 
were long beaten down, had now at last set up her 
own image upon the principal gate of London, to be 
adored, and that all men were forced to do rever- 
ence to it as they passed by, and a watch there 
placed for that purpose. 

Mr. Jewel, the bishop of Sone ae accord- 
ing to his life died most godly and patiently, at the 
point of death used the versicle of the hymn “ Te 
*“ Deum, O Lord, in thee have I trusted, let me 
“‘ never be confounded ;” whereupon, suppressing the 
rest, they published, that the principal champion of 
the heretics in his very last words cried he was 
confounded. 

In the act of recognition of “ primo,” whereby 
the right of the crown is acknowledged by parlia- 
ment to be in her majesty, the like whereof was 
used in queen Mary’s time, the words of limitation 
are, “in the queen’s majesty, and the natural heirs 
of her body, and her lawful successors.” Upon which 
word, natural, they do maliciously, and indeed vil. 


470 OBSERVATIONS ON A LIBEL. 


lainously gloss, that it was the intention of the 
parliament, in a cloud to convey the crown to any 
issue of her majesty’s that were illegitimate ; whereas 
the word heir doth with us so necessarily and 
pregnantly import lawfulness, as it had been in- 
decorum, and uncivil speaking of the issues of a 
prince, to have expressed it. 

They set forth in the year a book with 
tables and pictures of the persecutions against catho- 
lics, wherein they have not only stories of fifty years 
old to supply their pages, but also taken all the per- 
secutions of the primitive Church, under the heathen, 
and translated them to the practice of England; as 
that of worrying priests under the skins of bears, by 
dogs, and the like. 

I conclude then, that I know not what to make 
of this excess in avouching untruths, save this, that 
they may truly chaunt in their quires; “ Linguam 
* nostram magnificabimus, labia nostra nobis sunt :” 
and that they who have long ago forsaken the truth 
of God, which is the touchstone, must now hold by 
the whetstone ; and that their ancient pillar of lying 
wonders being decayed, they must now hold by 
lying slanders, and make their libels successors to 
their legend. 


iN D © s. 


ApsuraTion and exile cases of, 101. 
Abuses and inconveniences in the penal laws, 365. 
Affluence of commodities, &c. greatness too often ascribed to, 313. 
Border Court, proposal for establishing, 21, 
Britain, discourse on the greatness of, 311. 
Cecil, letter to, after the defeat of the Spanish in Ireland, 186. 
Certificate touching the projects of Stephen Proctor relating to the penal laws, 
362. 
Charter-house, advice to the king concerning, 374, 
Commerce of the united kingdom, considerations respecting, 39. 
Report of the commissioners respecting, 44. 
Commissioners, report of, respecting the Union with Scotland, 42, 
Considerations touching a war with Spain, 237. 
Councils of state in England and Scotland, 83. 
Court of justice for the borders of Scotland, suggestion of, 21. 
Digests of the laws of England and Scotland, 35. 
of the of the laws of England, offer of, 353. 
Discourse touching the safety of the queen’s person, 286. 
Elizabeth (Queen), report of the treasonable designs of Dr. Lopez against, 289. 
England, tracts relating to, 311. 
proposition concerning the amendment of the laws of, 337. 
offer of a digest of the laws of, 3538. 
England and Scotland. See “ Scotland.” 
Fxile and abjuration, cases of, 101. 
Felony, cases of, 92. 
punishment in cases of, 96. 
Fruitfulness of soil, &c. greatness too often ascribed to, 313. 
Garrisons, suggestions as to the removal of from the borders of Scotland, 20. 
Greatness of Britain, discourse on, 311. 
Heresy, offence of, 102. ' 
Ireland, letters to Sir George Villiers respecting, 196, 197, 198. 
considerations touching the plantation in, 169. 
letter to secretary Cecil after the defeat of the Spanishi forces in, 188. 
considerations touching the queen’s service in, 187. 
King’s style and titles, suggestions as to, 27. 
~prerogative, cases of, 102. 
in war and peace, 103. 
in matters of trade, 104. 
in the persons of his subjects, 104. 
Laws of England and Scotland, digests of, 35. / 
speech respecting the union of, 74, 
preparation toward the union of, 83. 
proposition concerning the amendment of, $37. 
offer of a digest of, 353, 


472 INDEX. 


Libel, published in 1592, certain observations upon, 384. 
Lopez, Dr. report of his treasonable design against the queen, 289. 
Merchants, speeches on their petition respecting the Spanish grievances, 205. 
Military disposition and valour, greatness too often supposed to consist in, 
313. 
Misprision of treason, 91. 
punishment of, 91. 
Naturalization of the Scotch, speech on, 47. 
Navy of the united kingdom, considerations respecting, 39. 
Observations on a libel published in 1592, 384, 
Officers of state in the united kingdom of England and Scotland, 38. 
Parliaments of the united kingdoms, four considerations of, 32. 
Penal laws, certificate touching the projects of Stephen Proctor, relating 
to, 362. 
Petit treason, cases of, 92. 
punishment of, 92. 
Plantation in Ireland, considerations touching, 169, 
Population, greatness too often ascribed to, 313. 
Post-nati of Scotland, argument respecting, 106. 
Premunire, offences of, 99. 
punishment, &c. in cases of, 100. 
Prerogative, cases of, 102. 
in peace and war, 103. 
Proctor, Stephen, certificate touching his projects relating to the penal laws, 
362. 
Queen Elizabeth, report of the treason meditated by Dr. Lopez against, 289. ’ 
Queen’s person, first copy of a discourse touching the safety of, 286. 
Queen’s service in Ireland, considerations touching, 187, 
Report of the Spanish grievances, 203. 
Lopez’ treason, 289. 
Reporters in law, proposition for the constitution of, 349. 
Scotchmen, speech on the naturalization of, 47. 
Scotland, discourse of the happy union with, 1. 
articles or considerations touching the union with, 16. 
considerations respecting the repeal of statutes concerning, 19. 
as to the removal of garrisons from the borders, 20. 
suggestion of establishing Court of distinct jurisdiction for the borders 
of, 21. 
internal points of separation with, 30. 
certificate of the commissioners respecting the union with, 42. 
argument respecting the post-nati of, 106. 
Spain, report concerning the grievances of the merchants of, 205. 
notes of a speech concerning a war with, 229. 
considerations touching a war with, 237. 
grievances, report of the speeches upon the subject of, 205. 
Speech, notes of, concerning a war with, 229. 
on the naturalization of the Scotch, 47. 
on the union of laws, 74. . 
respecting the post-nati of Scotland, 106. 
Statutes, suggestion for the reforming and recompiling of, 851. 
concerning Scotland while an enemy’s country, suggestions as to thd 
repeal of, 19. 5 
Style and title of the king, suggestions relating to, 27. 
Sutton, Mr. advice to the king touching his estate, 374. 
Territory, greatness too often ascribed to largeness of, 315. 
Treason, cases of, 86. . 
punishment in cases of, 89. 
misprision of, 91. 
Treasure or riches, greatness too often ascribed to, 313. 


INDEX. 


Union with Scotland, discourse of the, 1. 

articles or considerations touching, 16. 

certificate or return of the commissioners of, 42. 
Union of laws, speech respecting, 74. 

preparation toward, 83. 
Valour and military disposition, greatness too often ascribed to, 313. 
Villiers, Sir George, letters to, relating to Ireland, 196, 197, 198. 
War with Spain, notes of a speech concerning, 229. 
considerations touching, 237. 

Year books, suggestion for the reformation of, 848. 


END OF THE FIFTH VOLUME. 


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