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THE WORKS
OF
FRANCIS BACON,
Curb (ttljameltar oi (tfnglanb.
A NEW EDITION:
WITH A LIFE OF THE AUTHOR,
BY
BASIL MONTAGU, ESQ.
IN THREE VOLUMES.
r"
VOL. II.
PHILADELPHIA :
CAREY AND HART.
1841.
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CONTENTS OF VOL. II.
Page
8YLVA 8YLVARUM; OR A NATURAL
HISTORY.
CSHTUBT L
Of straining or percolation, outward and in-
ward 7
Of motion upon pressure 8
Of separations of bodies liquid by weight . . 8
Of infusions in water and air 9
Of the appetite of continuation in liquids . . 10
Of artificial springs 10
Of the venomous quality of man's flesh 10
Of turning air into water 10
Of helping or altering the shape of the body . 1 1
Of condensing of air, to yield weight or nour-
ishment 11
Of flame and air commixed 11
Of the secret nature of flame 12
Of flame, in the midst, and on the sides .... 12
Of motion of gravity 12
Of contraction of bodies in bulk 13
Of making vines more fruitful 13
Of the several operations of purging medicines 13
Of meats and drinks most nourishing 14
Of medicines applied in order 17
Of cure by custom 17
Of cure by excess 17
Of cure by motion of consent 17
Of cure of diseases contrary to predisposition 17
Of preparation before and after purging .... 18
Of stanching blood 18
Of change of aliments and medicines 18
Of diets 18
Of production of cold 18
Of turning air into water 19
Of induration of bodies 20
Of preying of air upon water 21
Of the force of union 22
Of making feathers and hairs of divers co-
lours 22
Of nourishment of young creatures in the egg,
or womb 22
Page
Of sympathy and antipathy 22
Of the spirits or pneumaticals in bodies .... 23
Of the power of heat 33
Of impossibility of annihilation 24
Cxvtcet IL
Of musk 24
Of the nullity and entity of sounds 26
Of production, conservation, and delation of
sounds 38
Of magnitude, exility, and damps of sounds 29
Of loudness and softness of sounds 32
Of communication of sounds 32
Of equality and inequality of sounds 32
Of more treble and base tones 33
Of proportion of treble and base 34
Of exterior and interior sounds 34
Of articulation of sounds 35
Cxhtusy III.
Of the lines in which sounds move 86
Of the lasting and perishing of sounds 36
Of the passage in interception of sounds ... 87
Of the medium of sounds 37
Of the figures of bodies yielding sounds. ... 88
Of mixtures of sounds 38
Of melioration of sounds 39
Of imitation of sounds 39
Of reflection of sounds 40
Of consent and dissent between audibles and
visible* 41,42
Of sympathy and antipathy of sounds 43
Of hindering or helping of hearing 44
Of the spiritual and fine nature of sounds . . 44
Of orient colours in dissolutions of metals . • 45
Of prolongation of life 45
Of the appetite of union in bodies 45
Of the like operations of heat and time 45
Of the differing operations of fin and time. . 45
Of motions by imitation 45
Of infectious diseases 46
ill
IT
CONTENTS.
Page
Of the incorporation of powders and liquora 47
Of exercise of the body, and the benefit* or
evils thereof 46
Of meats soon glutting, or not glutting .... 46
CSHTUST IV.
Of clarification of liquors and the accelera-
tion thereof 47
Of maturation, and the accelerating thereof:
and of the maturation of drinks and fruits 48
Of making gold 49
Of the several natures of gold 50
Of inducing and accelerating putrefaction . . 50
Of prohibiting and preventing putrefaction . . 51
Of rotten wood shining 52
Of acceleration of birth 53
Of acceleration of growth and stature 53
Of bodies sulphureous and mercurial 53
Of the chameleon 54
Of subtcrrany fires 54
Of nitrous water 54
Of congealing of air 54
Of congealing of water into crystal 54
Of preserving the smell and colour in rose
leaves 55
Of the lasting of flame 55
Of infusions or burials of divers bodies in
earth. 56
Of the effects on men's bodies from several
winds 57
Of winter and summer sicknesses 57
Of pestilential years 57
Of epidemical diseases 57
Of preservation of liquors in wells, or deep
vaults 57
OfstuUing 57
Of sweet smells 59
Of the goodness and choice of waters 58
Of temperate heats under the equinoctial. . . 59
Of the coloration of black and tawny Moors. 59
Of motion after the instant of death 59
Czhtubt V.
Of accelerating or hastening forward germi-
nation CO
Of retarding or putting back germination . . 61
Of meliorating, or making better, fruits and
plants 62
Of compound fruits and flowers 66
Of sympathy and antipathy of plants 67
Of making herbs and fruits medicinal 69
Ckhtury VI.
Of curiosities about fruits and plants.
to!
Page
Of the degenerating of plants, and of their
transmutation one into another 72
Of the proccvity and lowness of plants, and
of artificial dwarfing them 73
Of the rudiments of plants, and of the ex-
crescences of plants, or super-plsnts 74
Of producing perfect plants without seed ... 76
Of foreign plants 77
Of the seasons of several plants 77
Of the lasting of plants 73
Of several figures of plants 78
Of some principal differences in plants 79
Of all manner of composts snd helps for
ground 79
Cxjtturt VII.
Of the affinities and differences between
plants and bodies inanimate 81
Of affinities and differences between plants
and living creatures, and of the confiners
and participles of both 81
Of plants, experiments promiscuous 82
Of the healing of wounds 89
Of fat diffused in flesh 89
Of ripening drink speedily 89
Of pilosity and plumage 89
Of the quickness of motion in birds 90
Of the clearness of the sea, the north wind
blowing 90
Of the different heats of fire and boiling
water 90
Of the qualifications of heat by moisture ... 90
Of yawning 90
Of the hiccough 90
Of sneezing 90
Of the tenderness of the teeth 91
Of the tongue 91
Of the mouth out of taste 91
Of some prognostics of pestilential seasons . . 91
Of special simples for medicines 91
Of Venus 91
Of the insects, or creatures bred of putrefac-
tion 92
Of leaping 93
Of the pleasures and displeasures of hearing,
and of the other senses 93
Ceicttjbt VIII.
Of veins of earth medicinal 94
Of sponges 94
Of sea-fish in fresh waters 94
Of attraction by similitude of substance. ... 94
Of certain drinks in Turkey 94
Of sweat 95
Of the glow-worm...-. 86
Of the impressions upon the body from seve-
..-■■■'■: mind 9ft
Of drunkenness 97
Of the hurt or help of wine, taken moderately 98
Of caterpillars 98
Of the Oies canlhsridcs 98
Of leaeitude 98
Of casting of the ehin, and ihel I, in some
cmttiH 98
Ofthe postures ofthe body 99
Of pestilential yeara 99
Of Kline prognostics of hud winter* ...... SB
Of certain medicines that condense end rarefy
the spirits 99
Of [minting* of Ihe body 99
Of the use of Lathing and anointing. ...... 99
Ofchamblotting of paper 100
Of cuttle ink 100
Of earth increasing in weight 100
Ofeleep 100
Of teeth and hard substances in the bodies
of living creatures; 100
Of the generation, and bearing of Using
creaturei in the womb 101
Of species viable 103
Of impulsion and percussion 103
Of titillation 103
Of scarcity of run in Egypt 103
Of clarification 103
Of plants without leave* 103
Of too materials of glass 104
Of i.niiiil'iii'jn -of putrefaction, and the long
conservation of bodies 104
Of abundance of nitre in certain sea-shores. 104
Of bodies borno up by water 104
Of fuel consuming Blue or nothing 104
Of cheap fuel 109
Of gathering of wind for freshness 10S
Of Kiel* of air 10G
Of increasing milk in milch beasts 105
Of sand of the nature of glass 10S
Of the growth of coral 105
Ofthe gathering of manna 105
OF the correcting of wines 106
Of bitumen, one of the materials of wild-fire 100
Of plaster growing as bird as marble 106
Of Ihe euro of ulcere and hurts 100
Of the healthfulnese or un health fulness of
southern wind 100
Of wounds made with braas, and with iron. 106
Of mortification by cold 106
Of weight 106
Of supernatation ofbodiea 1 07
Of the flying of unequal bodies in the air . . 107
Of water, that it may be the medium of
sounds 107
Of the flight of the spirits upon odious ob-
jects 107
Of the super-reflection of echoes 107
Of the force of the imagination imitating that
the senses 107
Of preservation of bodies 108
Of the growth or multiplying of metals .... 108
Ofthe drowning the more base metal in Ihe
more precious 108
Of fixation ofbodiea 100
Of the restless nature of things in themselves,
and their desire to change 108
CiHTuni IX
Of perception in bodies insensible, feuding to
naturol divination or surjtile trials 109
Of the nature of appetite in Ihe stomach ... 112
Of sweetness of odour from the rainbow ... lit
Of sweet smells 113
Of the -corporeal substance of smells US
Offend and fragrant odours US
Ofthe AToM of putrefaction 1)9
Of bodice imperfectly mixed 119
Of concoction and crudity 119
Of alterations, which may be called majors . 1 11
Of bodies fiquefiable, and not liquefiable 1 14
Of bodies fragile and tough Ill
Ofrae two kinds of pneumaticals in bodies . 115
Of concretion ..... 0f bodies 115
Ofbodiea bard and soft lift
Of ductile and tensile lift
Of several passions of matter, ami characters
ofbodiea lift
Of induration hy sympathy lift
Of honey and sugar 110
Of the finer sort of base metals 110
Of ■ ' i ... i and quarries 117
Ofthe altering of colours in hairs and feathers 1 10
Of the difference of living creatures, male and
female 117
Of the comparative magnitude of living
creature* 117
Of producing fruit without core or stone ... 117
Ofthe melioration of tobacco 117
Or several heats working the same effects . . 1 10
Of swelling and dilatation in boiling 118
Of the dulcoration of fruita 118
Of flesh edible and not edible 1 IS
Of the salamander 118
Ofthe contrary operations of time on fruits
and liquor*. 110
Or blows and bruiaes 119
Of the orrice root 1 19
CONTENTS,
Page
Of me compression of liquors 119
Of the nature of air 119
Of the working of water upon air contiguous 119
Of the eyes and sight 119
Of the colour of the sea or other water 120
Of shell-fish ISO
Of the right side and the left 121
Of frictions 121
Of globes appearing flat at distance 121
Of shadows 121
Of the rolling and breaking of the seas 121
Of the dulcoration of salt-water 121
Of the return of sakness in pits upon the sea*
shore 121
Of attraction by similitude of substance .... 121
Of attraction 121
Of heat under earth 122
Of flying in the air 122
Of the scarlet dye 122
Ofmaleficiating 122
Of the rise of water by means of flame 122
Of the influences of the moon 122
Of vinegar 123
Of creatures that sleep all winter 123
Of the generating of creatures by copulation,
and by putrefaction 123
CurruBY X.
Of the transmission and influx of immateri-
ate virtues, and the force of imagination. • 124
Of the transmission of spirits, and the force
of imagination 124
Of the emission of spirits in vapour, or exha-
lation, odour-like 126
Of emission of spiritual species which affect
the senses 128
Of emissions of immateriate virtues, from the
minds and spirits of men, by affections,
imagination, or other impressions 129
Of the secret virtue of sympathy and antipa-
thy 129
Of secret virtues and proprieties 136
Of the general sympathy of men's spirits ... 137
TRACT8 RELATING TO 8C0TLAND.
A discourse of the happy union 138
Articles touching the union 142
Certificate of the commissioners.... 149
Naturalisation of the Scottish nation 160
Union of laws 168
Proposition towsrds the union of laws 160
Thepost-nati 166
TRACTS RELATING TO IRELAND.
Considerations touching the plantation ..... 183
Letter to Mr. Secretary Cecil 187
Considerations touching the queen's servic
in Ireland
Letters to Sir Geo. Villiers
TRACT8 RELATING TO SPAIN.
Report of the Spanish grievances
Notes of a speech concerning a war wit
Spain
Considerations touching a war with Spain
Miscellaneous tracts
Report of Lopez's treason
TRACT8 RELATING TO ENGLAND.
Of tlie true greatness of Britain
Proposition touching the amendment of tt
laws
Offer of digest of the laws
Certificate touching the penal laws
Advice touching the charter-house
Observations on a libel
SPEECHES.
Touching purveyors
About undertakers
To the king upon the grievances of the Coo
mons
On wards and tenures
Declaration for the master of the wards . . .
On receiving the king's messages
Concerning impositions on merchandises. .
To grant supplies to the king
Relating to the mint ,
To the speaker's excuse
On the motion of a subsidy
CHARGES.
Commission for the verge
Of subordinate magistrates
Against duels
Decree of Star-Cbamber against duels. . . .
Against Mr. Oliver St John ,
Mr. Lumsden, Ac
Lord Sanquhar
Mr. Owen
Countess of Somerset 3!
Earl of Somerset
Letter to the king
To 8ir G. Villiers
To the king
To 8ir G. Villiers
Of Somerset's arraignment . . .
To the king, about Somerse
examination
To 8ir G. Villiers, about La
Somerset's pardon
William Talbot
CONTENTS.
VII
Page
PAPERS RELATING TO THE EARL OF
ESSEX.
Apology of Sir Francis Bacon 333
The proceedings of the Earl of Essex 342
Declaration* of his treason! 348
Arraignment of Blunt, Dana, dec 363
of Curie 366
of Merrick 366
Confession of Lee 366
ofKnowd 366
of Gorge 867
of Sir J. Davis 368
ofSirC.Davers 368,369
of Sir C. Blunt 369,372
of Lord Sandys 371
of the Earl of Essex 374
Declaration of Sir William Warren 366
of Thomas Wood 366
of David Hethrington 366
of the Lord Keeper 370
Examination of Lord Rutland 371
of Lord Cromwell 372
of Lord Southampton 373
8peech of Sir Christopher Blunt 373
Advice to Sir George Villiers 376
THEOLOGICAL TRACTS.
PaiTERS.
A prayer, or psalm, made by the Lord Ba-
con, chancellor of England 406
A prayer made by the Lord Chancellor
Bacon 405
The student's prayer 406
The writer's prayer 406
A confession of faith 407
The characters of a believing Christian, in
paradoxes and seeming contradictions. . . . 408
An advertisement, touching the controver-
sies of the church of England 411
Certain considerations, touching the better
pacification and edification of the church
of England 420
The translation of certain psalms into Eng-
lish verse 431
An advertisement touching a holy war 436
Questions about the lawfulness of a war for
the propagating of religion 444
MISCELLANEOUS.
Mr. Bacon's discourse in praise of his sove-
reign 445
A proclamation drawn for his majesty's first
coming in 451
A draught of a proclamation touching his
majesty's style 453
Page
Physiological remains 455
Medical remains 466
JUDICIAL CHARGES AND TRACTS.
Speeches.
On taking his place in chancery 471
Before the summer circuits 476
To Sir W.Jones 477
To Sir J. Denham 477
To Justice Hutton 478
Ordinances for regulating the Court of Chan-
cery 479
Papbms mblattno to Sir Edwaid Coke.
An expostulation to the Lord Chief Justice
Coke 485
To the king, about the commendams 488
A memorial for his majesty 489
To Sir George Villiers 49 1
Tracts relating to commendams 491
A remembrance of abuse received from Lord
Coke 497
Reasons for removing Lord Coke 497
To the king 498
Lord Viscount Villiers to 8ir Francis Bacon 498
To the king 499
Remembrances of his majesty's declaration
touching Lord Coke 500
To the king 500
To the king 601
Sir Edward Coke to the king 502
The king to the lord keeper 602
8b Henry Yelverton to the Lord Keeper
Bacon 503
To the Marquis of Buckingham 504
The Lord Chancellor Ellesmere to the king 505
Lord Coke's answer to the fourth question
arising out of Dr. BonhanVs case 506
Lord Coke's answer to the last question
arising upon Bagg's case 507
Letter to the judges 607
Charge against Whitelocke 508
Let-tees sklatiko to Lzeix Proceedings.
Robert, Earl of Somerset, to Sir Thos. Over-
bury 609
To the king 510
To John Murray 511
To Mr. Murray 511
To Mr. Murray 511
To the king 511
Supplement of passages omitted in Bacon's
speech against Owen 513
To the king 51*
To 8ir George Villiers, touching the examina-
tion of Sir Robert Cotton 615
Sir Francis Bacon to the judges 616
▼Ill
CONTENTS.
Page
Legal questions for (he judges 516
Questions of convenience , 516
A particular remembrance for his majesty. . 516
Heads of the charge against Robert, Earl of
Somerset 516
To Sir George Villiers 518
To the king 519
Advice to the king, for reviving the commis-
sion of suits 520
To the Earl of Buckingham 521
To the lord keeper 521
To the lord keeper * . . . 521
To the lord chancellor 522
To 8ir Henry Yelverton 522
To the lord chancellor 522
To the lord chancellor 522
To the lord chancellor 523
To the lord chancellor 523
To the lord chancellor 523
To the lord chancellor 524
To the king 524
To (he lord chancellor 524
To the Marquis of Buckingham 526
To the lord chancellor 525
Notes of a speech of the lord chancellor .... 625
To the Marquis of Buckingham > . . . . 52C
To the Marquis of Buckingham 626
To the king 526
To the king 527
Notes upon Michael de la Pole's case 527
Observations upon Thorpe's case 537
Notes upon Sir John Lee's case 527
Notes upon Lord I«atimer's case 528
Notes upon John Lord Neville's case 528
Questions demanded pf the Chief Justice of
the King's Bench 528
Lord Coke's answers to the questions upon
the case of the Isle of Ely 529
Lord Coke's answers to the questions upon
D'Arcy'sease 529
Page
Lord Coke's answer to the question arising
upon Godfrey's case 530
John Selden, Esq. to the Lord Viscount St.
Alban 530
MISCELLANEOUS.
The first copy of my Discourse touching the
safety of the Queen's Person 532
The first Fragments of a Discourse touching
intelligence and safety of the Queen's
Person 532
The Speeches drawn up by Mr. Bacon for
the Earl of Essex, in a device exhibited by
his lordship before Queen Elizabeth, on the
anniversary of her accession to the throne,
Nov. 17,1595 533
Remembrances for the King, before his going
into Scotland 537
Account of Council Business. 537
An account of Council Business and of other
matters committed to me by his Majesty . 538
A Draught of an Act against a usurious shift
of gain, in delivering Commodities instead
of Money 540
A Proposition for the repressing of singular
Combats, or Duels. » 540
Advice to the King for reviving the Com-
mission of Suits 541
Reasons why the New Company is not to be
trusted and continued with the trade of
Clothes >.. 541
MISCELLANEOUS TRACTS, [Translated
from the Latin,]
On the Interpretation of Nature 543
True Hints on the Interpretation of Nature. 551
The Phenomena of the Universe ; or, Natu-
ral History for the Basis of Natural Philo-
sophy 558
Description of the Intellectual Globe 571
LORD BACON'S WORKS.
SYLVA SYLVARUM;
OB,
A NATURAL HISTORY,
IN TEN CENTURIES.
EDITOR'S PREFACE.
In the spring of 1626, Lord Bacon died. In the same year, Dr.Rawley, "his lordship's first and
last chaplain," as he always proudly entitles himself, collected and published the different poems
which were written to the memory of his honoured master.1 In the year 1 627, he published the Sytaa
Sylvarum, with an address to the reader, explaining the intention of Lord Bacon in the compilation
of this work, and the probable objections which might be made to the publication ; that it was not
methodical; and that many of the experiments would be deemed vulgar and trivial.
With respect to the want of method, although, to use the words of Dr. Rawley, '» he that looketh
attentively into the work, shall find that they have a secret order," yet knowing as he did the charms
of symmetry in arrangement and beauty of style, and the necessity of adopting them to insure an im-
mediate and favourable reception of abstruse works, Lord Bacon was never misled by the love of
order : he did not worship this idol ; but." as Hercules, when he saw the image of Adonis, Venus*
minion, in a temple, said in disdain, ' Nil sacri es ;' so there are none of Hercules' followers in learn-
ing, that is, the more severe and laborious sort of inquirers into truth, but will despise those delica-
cies and affectations, as indeed capable of no divineness."*
44 No man was, for his own sake, less attached to Bystem or ornament than Lord Bacon. A plain
unadorned style in aphorisms, in which the Novum Organum is written, is, he invariably states, the
proper style for philosophy. In the midst of his own arrangement, in the Advancement of Learning,
he says: 4The worst and most absurd sort of triflers are those who have pent the whole art into
strict methods and narrow systems, which men commonly cry up for the sake of their regularity and
style.' "
Again he says : <4It is of great consequence to consider whether sciences should be delivered by
way of aphorism or of method. Methodical delivery is more fit to win consent or belief; but less
fit to point to action; for they carry a show of demonstration in orb or circle, one part illuminating
another ; and therefore do more satisfy the understanding ; but being that actions in common course
of life are dispersed, and not orderly digested, they do best agree with dispersed directions.
Lastly, aphorisms representing certain portions only, and as it were fragments of sciences, invite
others to contribute and add something; whereas methodical delivery carrying show of a total and
perfect knowledge, forthwith secureth men as if they were at the furthest."
Again, " Science is much injured by the over early and peremptory reduction of knowledge into
1 It !• a ■mall 8vo, of which there ia a copy In the Briliab Maaeum. • See pace 170 of the first volume,
Vol. II. — 1 A I
2 EDITOR'S PREFACE.
arts and method ; from which time commonly sciences receive small or no augmentation. But as
young men, when they knit and shape perfectly, do seldom grow to a further stature; so knowledge,
while it is in aphorisms and observations, it is ingrowth ; but when it once is comprehended in exact
methods, it may perchance be further polished and illustrated, and accommodated for use and practice,
but it increaseth no more in bulk and substance."1
Again : "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, with-
out growth or advancement. For hence it hath come, that in arts mechanical the first devisor comes
shortest, and time addeth and perfecteth ; but in sciences the first author goeth farthest, and time
leesetli and corrupteth. So, we see, artillery, sailing, printing, and the like, were grossly managed
at the first, and by time accommodated and refined : but contrariwise, the philosophies and sciences
of Aristotle, Plato, Democritus, Hippocrates, Euclides, Archimedes, of most vigour at the first, and by
time degenerate and embased ; whereof the reason is no other, but that in the former many wits and
industries have contributed in one ; and in the latter many wits and industries have been spent about
the wit of some one, whom many times they have rather depraved than illustrated. For as water
will not ascend higher than the level of the first spring-head from whence it descendeth, so know-
ledge derived from Aristotle, and exempted from liberty of examination, will not rise again higher
than the knowledge of Aristotle." This was the reason why the Sylva Sylvarum was published in
Aphorisms, as " he knew well, that there was no other way open to unlooso men's minds, being
bound, and, as it were, maleficiate, by the charms of deceiving notions and theories, and thereby
made impotent for generation of works."
With respect to some of the experiments being vulgar and trivial, Lord Bacon says in the Novum
Organum,9 " Quod vero ad rerum utilitatem attinet, vel etiam turpitudinem, quibus (ut ait Plinius)
honos pnefandus est: ese res, non minus quam lautissime et pretiosissims, in His tori am Naturalem
recipiende sunt. Neque propterea polluitur Natural is Historia: Sol enim aeque palatia et cloacas
ingreditur, neque tamen polluitur. Nos autem non Capitolium aliquod aut Pyramidcm hominum
superbiae dedicamus aut condimus, sed Tern plum sanctum ad exemplar mundi in intellectu humano
fundamus. Itaque exemplar sequimur. Nam quicquid essentia dignum est, id etiam scientia dig-
num ; quae est essentia? imago. At vilia aeque substitunt ac lauta. Quinetiam, ut e quibusdam
putridis materii8, veluti Musco et Zibetho, aliquando optimi odores generantur; ita et ab instantiis
vilibus et sordid is, quandoque eximia lux et informatio emanant, Verum de hoc nimis multa ; cum
hoc genus fastidii sit plane puerile et effoeminatum."*
And again, "with relation to this contempt of natural history, on account of its containing things
that are vulgar, ignoble, subtile, or useless in their origins, we should here consider, as an oracle,
the saying of the poor woman to the haughty prince, who rejected her petition as a thing below his
dignity to take notice of; then cease to reign ; for it is certain, that whoever will not attend to mat-
ters of this kind, as if they were too minute or trifling, shall never obtain command or rule over
nature."
These two objections stated by Rawley were anticipated by Lord Bacon in the Novum Organum,4
where he mentions a third objection which is, even at this day, repeatedly urged against the Sylva
Sylvarum. " Some," he says, " without doubt, upon reading our history and tables of invention,
will meet with experiments not well verified, or even absolutely false ; and may thence, perhaps,
be apt to suspect, that our inventions are built upon doubtful principles, and erroneous foundations.
But this is nothing : for such slips must necessarily happen in the beginning. It is but as if here
and there a letter should be misplaced, or mistaken, in a writing, or printed book ; which does not,
usually, much interrupt the reader : as such errors are easily corrected, from the sense of the place.
In the same manner let men observe, that experiments may be falsely believed, and received in natural
history ; and yet soon after be expunged and rejected, when causes and axioms are discovered.
Though, it is true, that if there should be many, and frequent, and continued errors, in a natural and
experimental history, they cannot be corrected by any felicity of art or genius : and therefore, if in
our Natural History, which is collected, and examined, with so much diligence, so rigorous, and, as
it were, with so religious a severity, there should sometimes happen any falsity, or mistake, with re-
1 Page 173 of the first volume. • Article ISO.
* " Bui for unpolite, or even'sordid particulars, which as Pliny observes, require an apology for being mentioned ; even
these ought to be received into a Natural History, no less than the most rich and delicate ; for Natural History is not defiled
by them, any more than the sun, by shining alike upon the palace and the privy. And we do not endeavour to build a Capi-
tol, or erect a paramid, to the glory of mankind ; but to found a temple, in Imitation of the world, and consecrate it to the
humnn understanding: so that we must frame our model accordingly. For whatever is worthy of existence, is worthy of
our knowledge, which is the image of existence : but ignoble things exist, as well as the noble. Nay, as some excrement!-
tlous matters, for example, musk, civet, Jtc. sometimes produce excellent odours ; so sordid instances sometimes afford
great light and information. But enough of this; as such a delicacy Is perfectly childish and effeminate."
« Article 119.
EDITOR'S PREFACE- 3
gard to particulars ; what must be thought of the common Natural History, which in comparison of
ours, is so negligent and ipmiss; or, what of the philosophy, and the sciences, built upon such quick-
sands 1 Let no one, therefore, be concerned, if our history has its errors."
And, in the Advancement of Learning, when treating of credulity, he says, " The matter of manifest
truth is noL4o be mingled or weakened with matter of doubtful credit; and yet again, rarities and re-
ports that seem incredible are not to be suppressed or denied to the memory of men."
From the slightest examination of this work it will appear that, not having such a collection of
natural history as he had measured out in his mind, which would have required the purse of a prince,
and the assistance of a people, Lord Bacon did the best in his power, trying all things but not believ-
ing all things, to make such a collection as might render some assistance to future inquirers, by point-
ing out the mode in which a natural history ought to be complied, without haste in the admission or
rejection of received reports. "The rejection," he says, "which I continally use, of experiments,
though it appeareth not, is infinite; but yet if an experiment be probable in the work, and of great
use, I receive it, but deliver it as doubtful."
This, perhaps, will be illustrated by some of the articles in the tenth century of this work, in his
inquiry touching the u transmission and influx of immateriate virtues and the force of imagination,"
where he thus begins : " The philosophy of Pythagoras, which afterwards was, by the school of Plato
and others, watered and nourished. It was, that the world was one entire perfect living creature ;
insomuch as Apollonius of Tyana, a Pythagorean prophet, affirmed, that the ebbing and flowing of
the sea was the respiration of the world, drawing in water as breath, and putting it forth again. They
went on, and inferred, that if the world were a living creature, it had a soul and spirit; which also
they held, calling it spiritus mundi, the spirit or soul of the world : by which they did not intend
God, for they did admit of a Deity besides, but only the soul or essential form of the universe." • • •
With these vast and bottomless follies men have been in part entertained.
" But we, that hold firm to the works of God, and to the sense, which is God's lamp, lucerna Dei
spiraculum hominis, will inquire with all sobriety and severity, whether there be to be found in the
footsteps of nature, any such transmission and influx of immateriate virtues ; and what the force of
imagination is ; either upon the body imaginant, or upon another body ; wherein it will be like that
labour of Hercules, in purging the stable of Augeas, to separate from superstitious and magical arts
and observations, any thing that is clean and pure natural ; and not to be either contemned or con-
demned."
In this spirit, mistaken for credulity, he says,1 the sympathy of individuals, that have been entire,
or have touched, is of all others the most incredible ; yet according unto our faithful manner of ex-
amination of nature, we will make some little mention of it. The taking away of warts, by rubbing
them with somewhat that afterwards is put to waste and consume, is a common experiment; and I
do apprehend it the rather because of my own experience. 1 had from my childhood a wart upon one of
my fingers : afterwards, when I was about sixteen years old, being then at Paris, there grew upon
both my hands a number of warts, at the least a hundred, in a month's space. The English ambas-
sador's lady, who was a woman far from superstition, told me one day, she would help me away
with my warts : whereupon she got a piece of lard with the skin on and rubbed the warts all over
with the fat side ; and amongst the rest, that wart which I had had from my childhood : then she
nailed the piece of lard, with the fat towards the sun, upon a post of her chamber window, which
was to the south. The success was, that within five weeks' space all the warts went quite away :
and that wart which I had so long endured for company. But at the rest I did little marvel, because
they came in a short time, and might go away in a short time again : but the going away of that
which had stayed so long doth yet stick with me."
Again," " The relations touching the force of imagination, and the secret instincts of nature, are so
uncertain, as they require a great deal of examination ere we conclude upon them. I would have it
first thoroughly inquired, whether there be any secret passages of sympathy between persons of near
blood, as parents, children, brothers, sisters, nurse-children, husbands, wives, &c. There be many
reports in history, that upon the death of persons of such nearness, men have had an inward feeling
of it, I myself remember, that being in Paris, and my father dying in London, two or three days
before my father's death, I had a dream, which 1 told to diverse English gentlemen, that my father's
house in the country was plastered all over with black mortar. There is an opinion abroad, whether idle
or no I cannot say, that loving and kind husbands have a sense of their wives breeding children, by
some accident in their own body."*
•Article 907. « Article 986.
"There are in different parts of the flylra Sytvarnm facta evincing Bacon'a life of mind, and Acuity of generalizing from
Ma earliest infancy. 8ee Art. 916, when his mind is at work upon the nature of imagination, most probably before he was
twelve yearn old, when he quitted his father's house for the university, from whence at sixteen, he went with Sir Amyas
Paulei to Paris, and returned after bis father's death. Bee also Art. 151, when In Trinity College meditating upon the nature
erf sound. See also Art. 140, 148, 218.
4 EDITOR'S PREFACE.
Passing from these objections to the uses of natural history, they are explained by Lord Bacon in
the treatise De Au ^mentis1 and in the Novum Organum. — In the treatise sDe Augmentis, the subject
of Natural History is thus exhibited.
I. Js to the Subject of History,
1. Of Nature in Course.
1. Of Celestial Bodies.
2. Of the Region of the Air.
3. Of the Earth and Water.
4. Of the Elements or Genera.
5. Of the Species.
2. Of Nature wandering or Marvails.
3. Of Arts.
II. As to its use.
I. In the Knowledge or History Narrative.
3. In being the primitive matter of Philosophy, which he says is defective, and to supply this
defect, to discover the properties of creatures and to impose names, the occupation of Adam in Para-
dise, his tables of invention are constructed in the Novum Organum with the admonition " That all
partitions of knowledges be accepted rather for lines and veins, than for sections and separations ;
and that the continuance and entireness of knowledge be preserved."* "The sciences being the
pyramids supported by history upon experience as their only and true basis ; and so the basis of
natural philosophy is natural history ; the stage next the basis is physic ; the stage next the verti-
cal point is metaphysic : as for the cone and vertical point itself (' opus quod operatur Deus a prin-
cipio usque ad finem ;' the summary law of nature) we do justly doubt, whether man's inquiry can
attain unto it. But these three be the true stages of sciences ; and are, to men swelled up with their
own knowledge, and a daring insolence to invade heaven, like the three hills of the giants
M Ter sunt conati imponere Pelion Oiic,
(Scilicet atque Ouc frondoaam involvere Olympum."
Of this work there have been many editions : and there is an edition in Latin," published in Hol-
land in 1648/ and 1661 ;5 and at Frankfort in 1665.°
There are some observations upon the Sylva Sylvarum in Archbishop Tennison's work,7 which
* There is considerable difference between the arrangement of this part in the Advancement and the De Augmentis.
* There Is scarcely a page of his works which does not contain an Illustration of this union in all the parts of nature, and
the Injury to the advancement of knowledge from a supposition of their separation. In the Advancement of Learning lie
■ays : ** We see Cicero the orator complained of Socrates and his school, that he was the first that separated philosophy and
rhetoric ; whereupon rhetoric became an empty and verbal art. Bo we may see that the opinion of Copernicus touching
the rotation of the earth, which astronomy itself cannot correct, because It is not repugnant to any of the phenomena, yet
natural philosophy may correct. Bo we see also that the science of medicine, if it be destituted and forsaken by natural
philosophy, it is not much better than an empirical practice."
In the treatise De Augmentis, speaking of the mode in which the laws of the heavenly bodies would be discovered, and
(If the anecdote respecting Newton and the falling apple is true) were discovered, he thus predicts, " Whoever shall reject
the feigned divorces of superlunary and sublunary bodies ; and shall intentively observe the appetencies of matter, and the
most universal passions, (which in either globe are exceeding potent, and transverberate the universal nature of thing*,) he
■hall receive clear information concerning celestial matters from the things seen here with us ! and contrariwise from those
motions which are practised in heaven ; he shall learn many observations which now are latent, touching the motions of
bodies here below ; not only so far as these Inferior motions are moderated by superior, but m regard they have a mutual
Intercourse by passions common to them both."
And to the same effect, he says In another place : " We must openly profess that our hope of discovering the truth with
regard to the celestial bodies, depends upon the observation of the common properties, or the passions and appetites of the
matter of both states ; for, as to the separation that is supposed betwixt the ethereal and sublunary bodies, it seems to me
ao more than a fiction, and a degree of superstition mixed with rashness, Jtc. — Our chlefesl hope, and dependence in the
consideration of the celestial bodies, is, therefore, placed in physical reason, though not such as are commonly so called;
but those laws, which no diversity of place or region can abolish, break through, disturb, or alter."
And in the Novum Orgnnum, "Suppose, for example, the inquiry about the nature of spontaneous rotation, attraction,
and many other natures, which are more common and familiar to us than the celestial bodies themselves. And let no one
expect to deters ine the question, whether the diurnal motion belongs to the heavens or the earth, unless he first understand
the nature of spontaneous rotation."
As an instance of this union of nature, and of Bacon's tendency to generalize, see Articles 01, 93, 03, and above all, see his
suggestions in the Novum Organum, respecting Magical Instances, or great effects produced from apparently small caunes.
Bee page 316 of the first volume. The correctness of the reasoning lam not now investigating; I am merely staling
the fact as an illustration of the union between all nature, and of Bacon's facility in discovering this union.
■ I do not find this in any of the editions of Bacon's Works published in England.
4 (12mo.) I have a copy, which is not scarce.
* (12mo.) There is a copy in the British Museum.
' Opera omnia, fee., Folio. Fran. 1665.
1 "The seventh and greatest branch of the Third Part of the Instauration, is his Sylva 8ylvarum, or Natural History;
which containeth many materials for the building of philosophy, as the Organum doth directions for the work. It is a
history not only of nature freely moving in ber course, (as in the production of meteors, plants, minerals ;) but also of
nature in constraint, and vexed and tortured by human art and experiment. And it ia not a history of such thinrs orderly
EDITOR'S PREFACE. 5
thus conclude, " Whilst I am speaking of this work of his lordship of Natural History, there comes
to my mind a very memorable relation, reported by him who bare a part in it, the Rev. Dr. Rawley.
One day, his lordship was dictating to that doctor some of the experiments in his Sylva. The same
day, he had sent a friend to court, to receive for him a final answer, touching the effect of a grant
which had been made him by King James. He had hitherto, only hope of it, and hope deferred ;
and he was desirous to know the event of the matter, and to be freed, one way or other, from the
suspense of his thoughts. His friend returning, told him plainly, that he must thenceforth despair
of that grant, how much soever his fortunes needed it. Be it so, said his lordship ; and then he
dismissed his friend very cheerfully, with thankful acknowledgments of his service. His friend
being gone, he came straightway to Dr. Rawley, and said thus to him. Well sir! yon business
wont go on; let us go on with this, for this is in our power. And then he dictated to him afresh,
for some hours, without the least hesitancy of speech, or discernible interruption of thought."
ranged ; but thrown into a heap. For his lordship, that he might not discourage other collectors, did not cast this book into
exact method ; for which reason it hath the less ornament, but not much the less use.
"In thix book are contained experiments of light, and experiments of use, (as his lordship was wont to distinguish :) and
amongst them some extraordinary, and others common. He understood that what was common in one country, might be a
rarity in another : for which reason, Dr. Caius, when in Italy, thought it worth his pains to make a large and elegant descrip-
tion of our way of brewing. His lordship also knew well, that an experiment manifest to the vulgar, was a good ground
fir the wise to build further upon. And himself rendered common ones extraordinary, by admonitions for further trials
and improvements. Henre his lordship took occasion to say, that his writing of Sylva Hylvarum, was (to speak properly)
■oc a Natural History, but a high kind of natural magic : because it was not only a description of nature, but a breaking of
Nture into great and strange works.
"This book was written by his lordship in the English tongue, and translated by an obscure interpreter, into French, and
oat of that translation into Latin, by James Gruter, in such ill manner, that they darkened his lordship's sense, and debased
his expression. James Gruter was sensible of his miscarriage, being kindly advertised of it by Dr. Rawley : and he left
behind him divers amendments, published by his brother, Isaac Gruter, in a second edition. Yet still so many errors have
escaped, that that work requireth a third h*nd.
" Monsieur jElius Deodatus had once engaged an able person in the translation of this book ; one who could have done
bis lordship right, and obliged such readers as understood not the English original. He began, and went through the three
first centuries, and then desisted ; being desired by him who set him on work, to take his hand quite off* from that pen, with
which he moved so slowly. His translation of the third century la now in my hands ; but that of the two first 1 believe la
lost" Archbishop Tennison then annexes some specimens of the translation.
A2
SYLVA SYLVARUM.
TO THE READER.
Haying had the honour to be continually with my lord in compiling of this work, and to be em-
ployed therein, I have thought it not amiss, with his lordship's good leave and liking, for the better
satisfaction of those that shall read it, to make known somewhat of his lordship's intentions touch-
ing the ordering and publishing of the same. I have heard his lordship often say, that if he should
have served the glory of his own name, he had been better not to have published this Natural His-
tory : for it may seem an indigested heap of particulars, and cannot have that lustre, which books
cast into methods have ; but that he resolved to prefer the good of men, and that which might best
secure it, before any tiling that might have relation to himself. And he knew well, that there was
no other way open to unloose men's minds, being bound, and, as it were, maleficiate, by the charms
of deceiving notions and theories, and thereby made impotent for generation of works, but only no
where to depart from the sense, and clear experience, but to keep close to it, especially in the begin-
ning : besides, this Natural History was a debt of his, being designed and set down for a third part
of the Instauration. I have also heard his lordship discourse that men, no doubt, will think many
of the experiments contained in this*collection, to be vulgar and trivia], mean and sordid, curious
and fruitless: and therefore, he wisheth that they would have perpetually before their eyes what is
now in doing, and the difference between this Natural History and others. For those Natural His-
tories which are extant, being gathered for delight and use, are full of pleasant descriptions and
pictures, and affect and seek after admiration, rarities, and secrets. But, contrariwise, the scope
which his lordship intendeth is, to write such a Natural History as may be fundamental to the
erecting and building of a true philosophy, for the illumination of the understanding, the extracting
of axioms, and the producing of many noble works and effects. For he hopeth by this means to
acquit himself of that for which he taketh himself in a sort bound, and that is, the advancement of
all learning and sciences. For, having in this present work collected the materials for the building,
and in his Novum Organum, of which his lordship is yet to publish a second part, set down the
instruments and directions for the work; men shall now be wanting to themselves, if they raise not
knowledge to that perfection whereof the nature of mortal men is capable. And in this behalf, I
have heard his lordship speak complainingly, that his lordship, who thinketh he deserveth to be an
architect in this building, should be forced to be a workman, and a labourer, and to dig the clay,
and burn the brick ; and, more than that, according to the hard condition of the Israelites at the
latter end, to gather the straw and stubble, over all the fields, to burn the bricks withal. For he
knoweth, that except he/lo it, nothing will be done: men are so set to despise the means of their
own good. And as for the baseness of many of the experiments ; as long as they be God's works,
they are honourable enough. And for the vulgarness of them, true axioms must be drawn from
plain experience, and not from doubtful; and his lordship's course is to make wonders plain, and
not plain things wonders ; and that experience likewise must be broken and grinded, and not whole,
or as it growcth. And for use; his lordship hath often in his mouth the two kinds of experiments;
"experimenta fructifera," and "experiments, lucifera:" experiments of use, and experiments of
light : and he reporteth himself, whether he were not a strange man, that should think that light
hath no use, because it hath no matter. Further, his lordship thought good also to add unto many
of the experiments themselves some gloss of the causes : that in the succeeding work of interpreting
nature, and framing axioms, all things may be in more readiness. And for the causes herein by
him assigned ; his lordship persuadeth himself, they are far more certain than those that are rendered
by others ; not for any excellency of his own wit, as his lordship is wont to say, but in respect of
his continual conversation with nature and experience. Ho did consider likewise, that by this
addition of causes, men's minds, which make so much haste to find out the causes of things, would
not think themselves utterly lost in a vast wood of experience, but stay upon these causes, such as
they are, a little, till true axioms may be more fully discovered. I have heard his lordship say also,
that one great reason, why he would not put these particulars into any exact method, though he that
louketh attentively into them shall find that they have a secret order, was, because he conceived that
6
r.L
NATURAL HISTORY.
men would now think that they could do the like ; and so go on with a further collection :
, if the method had been exact, many would have despaired to attain by imitation. As for
rdship's love of order, 1 can refer any man to his lordship's Latin book, De Augmentis Scien-
i; which, if my judgment be any thing, is written in the exactest order that I know any writing
I will conclude with a usual speech of his lordship's; That this work of his Natural His-
i the world as God made it, and not as men have made it ; for that it hath nothing of imagination.
W. Rawley.
This epistle If the same that should have been prefixed to this book, if his lordship had lived.
CENTURY I.
intents in contort, touching the straining and
ing of bodies one through another ,- which they
Percolation.
a pit upon the sea-shore, somewhat above
gh-water mark, and sink it as deep as the
ater mark ; and as the tide cometh in, it
11 with water, fresh and potable. This is
only practised upon the coast of Barbary,
other fresh water is wanting. And Caesar
this well when he was besieged in Aloxan-
for by digging of pits in the sea-shore, he
istrate the laborious works of the enemies,
had turned the seawater upon the wells of
adria ; and so saved his army, being then
Deration. But Caesar mistook the cause,
i thought that all sea-sands had natural
B of fresh water : but it is plain, that it is
i-water ; becaus the pit filleth according to
nsure of the tide ; and seawater passing or
ng through the sands, leaveth the saltness.
remember to have read, that trial hath been
of salt-water passed through earth, through
isels, one within another ; and yet it hath
it its saltness, as to become potable : but
me man saith, that, by relation of another,
tier drained through twenty vessels hath
e fresh. This experiment seemeth to cross
ther of pits made by the sea-side ; and yet
part, if it be true that twenty repetitions
effect. But it is worth the note, how poor
itations of nature are in common courses of
ments, except they be led by great judg-
and some good light of axioms. For first,
■ no small difference between a passage of
through twenty small vessels, and through.
i distance, as between the low-water and
rater mark. Secondly, there is a great dif-
> between earth and sand ; for all earth hath
kind of nitrous salt, from which sand is
ree ; and besides, earth doth not strain the
10 finely as sand doth. But there is a third
that I suspect as much or more than the
and that is, that in the experiment of trans-
l of the sea-water into the pits, the water
but in the experiment of transmission of
the water through the vessels, it falleth. Now
certain it is that this Salter part of water, once
salted throughout, goeth to the bottom. And
therefore no marvel, if the draining of water by
descent doth not make it fresh : besides, I do some-
what doubt, that the very dashing of the water,
that cometh from the sea, is more proper to strike
off the salt part, than where the water slideth of
her own motion.
3. It seemeth percolation, or transmission, which
is commonly called straining, is a good kind of
separation, not only of thick from thin, and gross
from fine, but of more subtile natures; and varieth
according to the body through which the trans-
mission is made : as if through a woollen bag, the
liquor leaveth the fatness ; if through sand, the
saltness, &c. They speak of severing wine from
water, passing it through ivy wood, or through
other the like porous body ; but " non constat.*'
4. The gum of trees, which we see to be com-
monly shining and clear, is but a fine passage or
straining of the juice of the tree through the wood
and bark. And in like manner, Cornish dia-
monds, and rock rubies, which are yet more re-
splendent than gums, are the fine exudations of
stone.
5. Aristotle giveth the cause, vainly, why the
feathers of birds are more lively colours than the
hairs of beasts ; for no beast hath any fine azure,
or carnation, or green hair. He saith, it is be-
cause birds are more in the beams of the sun than
beasts ; but that is manifestly untrue ; for cattle are
mere in the sun than birds, that live commonly in
tHe.w.oods, or in some covert. The true cause is,
that the excrementitious moisture of living crea-
tures, which maketh as well the feathers in birds,
as the hair in beasts, passeth in birds through a
finer and more delicate strainer than it doth in
beasts : for feathers pass through quills ; and hair
through skin.
6. The clarifying of liquors by adhesion, is an
inward percolation ; and is effected, when some
cleaving body is mixed and agitated with the li-
quors ; whereby the grosser part of the liquor
sticks to that cleaving body ; and so the finer parts
VJ-
■*■*.•■ ,
8
NATURAL HISTORY.
Cent. L
are freed from the grosser. So the apothecaries
clarify their syrups by whites of eggs, beaten
with the juices which they would clarify ; which
whites of eggs gather all the dregs and grosser
parts of the juice to them; and after the syrup
being set on the fire, the whites of eggs them-
selves harden, and are taken forth. So hippocras
is clarified by mixing with milk, and stirring it
about, and then passing it through a woollen bag*
which they call Hippocrates's Sleeve, and the
cleaving nature of the milk draweth the powder
of the spices, and grosser parts of the liquor to if;
and in the passage they stick upon the woollen
bag.
7. The clarifying of water is an experiment tend-
ing to health ; besides the pleasure of the eye,
when water is crystalline. It is effected by cast-
ing in and placing pebbles at the head of a cur-
rent, that the water may strain through them.
8. It may be, percolation doth not only cause
clearness and splendour, but sweetness of savour ;
for that also followeth as well as clearness, when
the finer parts are severed from the grosser. So it
is found, that the sweats of men, that have much
heat, and exercise much, and have clean bodies,
and fine skins, do smell sweet ; as was said of
Alexander; and we see commonly that gums
have sweet odours.
Experiments in consort, touching motion of bodies
upon their pressure*
9. Take a glass, and put water into it, and wet
your finger, and draw it round about the lip of the
glass, pressing it somewhat hard ; and after you
have drawn it some few times about, it will make
the water frisk and sprinkle up in fine dew. This
instance doth excellently demonstrate the force of
compression in a solid body : for whensoever a
solid body, as wood, stone, metal, &c. is pressed,
there is an inward tumult in the parts thereof
■eeking to deliver themselves from the compres-
sion : and this is the cause of all violent motion.
'Wherein it is strange in the highest degree, that
this motion hath never been observed, nor inquir-
ed ; it being of all motions the most common, and
the chief root of all mechanical operations. This
motion worketh in round at first, by way of proof
and search which way to deliver itself: and then
worketh in progress where it findeth the delivefc
ance easiest. In liquors this motion' is vis^ble^
for all liquors strucken make round circles, apd
withal dash ; but in solids, which break not, it is
eo -subtile as it is invisible; but nevertheless be-
wrayeth itself by many effects ; as in this instance
whereof we speak. For the pressure of the fin-
ger, furthered by the wetting, because itsticketh so
much the better unto the lip of the glass, after
some continuance, putteth all the small parts of
the glass into work, that they strike the water
sharply ; from which percussion that sprinkling
Cometh,
10. If you strike or pierce a solid body that is
brittle, as glass, or sugar, it breaketh not only
where the immediate force is; but breaketh all
about into shivers and fitters ; the motion, upon
the pressure, searching all ways, and breaking
where it findeth the body weakest.
11. The powder in shot, being dilated into
such a flame as endureth not compression, moveth
likewise in round, the flame being, in the nature .-
of a-liquid body, sometimes recoiling, sometimes
breaking the piece, but generally discharging' the
bullet, because there it findeth easiest deliver*
ance.
12. -This motion upon pressure, and the reci-
procal thereof, which is motion upon tensure, we .
use to call, by one common name, motion of li-
berty ;' which is, when any body, being forced to
a preternatural extent or dimension, delivereth
and restoreth itself to the natural : as when a
blown bladder pressed, riseth again; or when;
leather or cloth tenturcd, spring back. These
two motions, of which there be infinite instances,,
we shall handle in due place. # '
13. This motion upon pressure is excellently '
also demonstrated in sounds ; as when one chim-
eth upon a bell, it soundeth ; but as soon as he
layeth his hand upon it, the sound ceaseth : and .
so the sound of a virginal string, as soon as tho .
quill of the jack falleth from it, stoppeth. For
these sounds are produced by the subtile percus-(<
sion of the minute parts of the bell, or string,,. .
upon the air ; all one, as the water is caused kv • *' ■
leap by the subtile percussion of the minute parts, * *
of the glass, upon the water, whereof we spake*
a little before in the ninth experiment. For you
must not take it to be the local shaking of the .
bell, or string, that doth it: as we shall fully- ;'
declare, when we come hereafter to handle sounds/ , v .,
Experiments in consort, touching separations of t k-'jj
bodies by weight. m '"•
14. Take a glass with a belly and a long neb;
fill the belly, in part, with water : take also
another glass, whereinto put claret wine and wtr .
ter mingled ; reverse the first glass, with the belly
upwards, stopping the neb with your finger* •
then dip the mouth of it within the second glass,
and remove your finger : continue it in that pos-
ture for a time ; and it will unmingle the wine/
fjpm the water : ■ the wine ascending and settling
jn the top of the upper glass; and the water de-.
scending and settling in the bottom of the lower *
glass. The passage is apparent to the eye; for
you shall see the wine, as it were, in a small
vein, .rising through £he water. For handsome-
ness' sake, because the working requireth sqrhe
small time, it were good you hang the upper gla&l
upon a nail. But as soon as there is gathered so
much pure and unmixed water in the bottom »of
the lower glass, as that the mouth of the upper
glass dippeth into it, the motion ceaseth.
•*.
• • v.
IV
:**
*>
V
-T
Cnrr I.
NATURAL HISTORY.
9
15. Let the upper glass be wine, and the lower
water; there followeth no motion at all. Let
the upper glass be water pure, the lower water
coloured, or contrariwise, there followeth no mo-
tion at all. But it hath been tried, that though
the mixture of wine and water, in the lower
glass, be three parts water and but one wine, yet
it doth not dead the motion. This separation of
water and wine appeareth to be made by weight;
for it must be of bodies of unequal weight, or
else it worketh not; and the heavier body must
ever be in the upper glass. But then note withal,
that the water being made pensile, and there
being a great weight of water in the belly of the
glass, sustained by a small pillar of water in the
neck of the glass, it is that which setteth the
motion on work : for water and wine in one glass,
with long standing, will hardly sever.
16. This experiment would be extended from
mixtures of several liquors, to simple bodies which
consist of several similar parts : try it therefore
with brine or salt-water, and fresh water : placing
the salt-water, which is the heavier, in the upper
glass; and see whether the fresh will come
above. Try it also with water thick sugared, and
pure water ; and see whether the water, which
cometh above, will lose its sweetness: for which
purpose it were good there were a little cock
made in the belly of the upper glass.
Experiment* in consort, touching judicious and
accurate infusions, both in liquors and air.
17. In bodies containing fine spirits, which do
easily dissipate, when you make infusions, the
rale is, a short stay of the body in the liquor re-
ceiveth the spirit; and a longer stay confoundeth
it; because it draweth forth the earthy part
withal, which embaseth the finer. And there-
fore it is an error in physicians, to rest simply upon
die length of stay for increasing the virtue. But
if you will have the infusion strong, in those
kinds of bodies which have fine spirits, your way
is not to give longer time, but to repeat the infu-
sion of the body oftener. Take violets, and in-
fuse a good pugil of them in a quart of vinegar ;
let them stay three quarters of an hour, and take
them forth, and refresh the infusion with like
quantity of new violets seven times ; and it will
make a vinegar so fresh of the flower, as if, a
twelvemonth after, it be brought you in a saucer,
you shall smell it before it come at you. Note,
that it smelleth more perfectly of the flower a
good while after than at first.
18. This rule, which we have given, is of sin-
gular use for the preparations of medicines, and
other infusions. As for example: the leaf of
burrage hath an excellent spirit to repress the
fuliginous vapour of dusky melancholy, and so
to cure madness: but nevertheless if the leaf be
infused long it yieldeth forth but a raw substance,
of no virtue: therefore I suppose, that if in the
Vol. II.— 9
must of wine, or wort of beer, while it worketh,
before it be tunned, the burrage stay a small
time, and be often changed with fresh; it will
make a sovereign drink for melancholy passions.
And the like I conceive of orange flowers.
19. Rhubarb hath manifestly in it parts of
contrary operations : parts that purge ; and parts
that bind the body ; and the first lie looser, and
the latter lie deeper : so that if you infuse rhu-
barb for an hour, and crush it well, it will purge
better, and bind the body less after the purging
than if it had stood twenty-four hours; this is
tried ; but I conceive likewise, that by repeating
the infusion of rhubarb several times, as was
said of violets, letting each stay in but a small
time, you may make it as strong a purging medi-
cine as scammony. And it is not a small thing
won in physic, if you can make rhubarb, and
other medicines that are benedict, as strong pur-
sers as those that are not without some malignity.
20. Purging medicines, for the most part, have
their purgative virtue in a fine spirit; as appear-
eth by that they endure not boiling without much
loss of virtue. And therefore it is of good use in
physic, if you can retain the purging virtue, and
take away the unpleasant taste of the purger;
which it is like you may do, by this course of
infusing oft, with little stay, for it is probable that
the horrible and odious taste is in the fljosser part.
21. Generally, the working bj^Busions is
gross and blind, except you first try the issuing
of the several parts of the body, which of them
issue more speedily, and which more slowly;
and so by apportioning the time, can take and
leave that quality which you desire. This to
know there be two ways ; the one to try what
long stay, and what short stay worketh as hath
been said ; the other to try in order the succeeding
infusions of one and the same body, successively,
in several liquors. As, for example; take orange
pills, or rosemary, or cinnamon, or what you will ;
and let them infuse half an hour in water; then
take them out, and infuse them again in other
water; and so the third time : and then taste am?
consider the first water, the second, and the third ;
and you will find them differing, not only in
strength and weakness, but otherwise in taste or
odour; for it may be the first water will have
more of the scent, as more fragrant; and the
second more of the taste, as more bitter or biting,
&c.
22. Infusions in air, for so we may well call
odours, have the same diversities with infusions
in water ; in that the several odours, which are
in one flower, or other body, issue at several
times ; some earlier, some later : so we find that
violets, woodbines, strawberries, yield a pleasing
scent, that cometh forth first; but soon after an
ill scent quite differing from the former. Which
is caused, not so much by mellowing, as by the
late issuing of the grosser spirit.
10
NATURAL HISTORY.
Cent. I.
23. As we may desire to extract the finest
spirits in some cases ; so we may desire also to
discharge them, as hurtful, in some other. So
wine burnt, by reason of the evaporating of the
finer spirit, inflameth less, and is best in agues :
opium loseth some of its poisonous quality, if it
be vapoured out, mingled with spirits of wine, or
the like : sena loseth somewhat of its windiness
by decocting ; and generally, subtile or windy
spirits are taken off by incension, or evaporation.
And even in infusions in things that are of too
high a spirit, you were better pour off the first
infusion, after a small time, and use the latter.
Experiment solitary touching the appetite of eon"
tinuation in liquids,
24. Bubbles are in the form of a hemisphere ;
air within, and a little skin of water without :
and it seemeth somewhat strange, that the air
should rise so swiftly while it is in the water ;
and when it cometh to the top, should be stayed
by so weak a cover as that of the bubble is. But
as for the swift ascent of the air, while it is under
the water, that is a motion of percussion from the
water; which itself descending driveth up the
air; and no motion of levity in the air. And
this Democritus called "motus plagte." In this
common experiment, the cause of the inclosure
of the bubble is, for that the appetite to resist
separation, or discontinuance, which in solid
bodies is strong, is also in liquors, though fainter
and weaker ; as we see in this of the bubble :
we see it also in little glasses of spittle that
children make of rushes ; and in castles of bub-
bles, which they make by blowing into water,
having obtained a little degree of tenacity by
mixture of soap : we see it also in the stillicides
of water, which if there be water enough to fol-
low, will draw themselves into a small thread,
because they will not discontinue ; but if there
be no remedy, then they cast themselves into
round drops ; which is the figure that saveth the
body most from discontinuance : the same reason
if of the roundness of the bubble, as well for the
skin of water, as for the air within : for the air
likewise avoideth discontinuance ; and therefore
casteth itself into a rough figure. And for the
stop and arrest of the air a little while, it showeth
that the air of itself hath little or no appetite of
ascending.
Experiment solitary touching the making of artifi-
cial springs*
25. The rejection, which I continually use, of
experiments, though it appeareth not, is infinite :
but yet if an experiment be probable in the work,
and of great use, I receive it, but deliver it as
doubtful. It was reported by a sober man, that
an artificial spring may be made thus : Find out
a hanging ground, where there is a good quick
fall of rain-water. Lay a half trough of stone,
of a good length, three or four foot deep within
the same ground ; with one end upon the high
ground, the other upon the low. Cover the trough
with brakes a good thickness, and cast sand upon
the top of the brakes : you shall see, saith he,
that after some showers are past, the lower end
of the trough will run like a spring of water:
which is no marvel, if it hold while the rain-
water lasteth ; but he said it would continue long
time after the rain is past: as if the water did
multiply itself upon the air, by the help of the
coldness and condensation of the earth, and the
consort of the first water.
Experiment solitary touching the venomous quality
of man's flesh.
26. The French, which put off the name of
the French disease unto the name of the disease
of Naples, do report, that at the siege of Naples,
there were certain wicked merchants that barrelled
up man's flesh, of some that had been lately slain
in Barbary, and sold it for tunney ; and that upon
that foul and high nourishment was the original
of that disease. Which may well be, for that it
is certain that the cannibals in the West Indies
eat man's flesh : and Xhe West Indies were full
of the pox when they were first discovered : and
at this day the mortalest poisons, practised by
the West Indians, have some mixture of the
blood, or fat, or flesh of man: and divers witches
and sorceresses, as well amongst the heathen, as
amongst the Christians, have fed upon man's
flesh, to aid, as it seemeth, their imagination,
with high and foul vapours.
Experiment solitary touching the version and trans'
mutation of air into water.
27. It seemeth that there be these ways, in
likelihood, of version of vapours of air into
water and moisture. The first is cold; which
doth manifestly condense ; as we see in the con-
tracting of the air in the weather-glass; whereby
it is a degree nearer to water. We see it also in
the generation of springs, which the ancients
thought, very probably, to be made by the version
of air into water, holpen by the rest, which the
air hath in those parts ; whereby it cannot dissi-
pate. And by the coldness of rocks ; for there
springs are chiefly generated. We see it also in
the effects of the cold of the middle region, as
they call it, of the air; which produceth dews
and rains. And the experiment of turning water
into ice, by snow, nitre, and salt, whereof we
shall speak hereafter, would be transferred to the
turning of air into water. The second way is by
compression ; as in stillatories, where the vapour
is turned back upon itself, by the encounter of
the sides of the stillatory; and in the dew upon
the covers of boiling pots; and in the dew
towards rain, upon marble and wainscot. But
this is like to do no great effect; except it be
Cf NT. I.
NATURAL HISTORY.
11
upon vapours, and gross air, that are already
very near in degree to water. The third is that,
which may be searched into, but doth not yet
appear; which is, by mingling of moist vapours
with air; and trying if they will not bring a re-
turn of more water than the water was at first :
for if so, that increase is a version of the air:
therefore put water in the bottom of a stillatory,
with the neb stopped; weigh the water first;
hang in the middle of the stillatory a large
spunge ; and see what quantity of water you can
crush out of it ; and what it is more or less com-
pared with the water spent; for you must under-
stand, that if any version can be wrought, it will
be easiliest done in small pores : and that is the
reason why we prescribe a spunge. The fourth
way is probable also, though not appearing;
which is, by receiving the air into the small pores
of bodies: for, as hath been said, everything in
small quantity is more easy for version; and
tangible bodies have no pleasure in the consort
of air, but endeavour to subact it into a more
dense body ; but in entire bodies it is checked ;
because if the air should condense, there is
nothing to succeed : therefore it must be in loose
bodies, as sand, and powder ; which we see, if
they lie close, of themselves gather moisture.
Experiment solitary touching helps towards the
beauty and good features of persons,
28. It is reported by some of the ancients;
that whelps, or other creatures, if they be put
young into such a cage or box, as they cannot
rise to their stature, but may increase in breadth
or length, will grow accordingly as they can get
room ; which if it be true and feasible, and that
the young creature so pressed and straitened,
doth not thereupon die, it is a means to produce
dwarf creatures, and in a very strange figure.
This is certain, and noted long since, that the
pressure or forming of parts of creatures, when
they are very young, doth alter the shape not a
little: as the stroking of the heads of infants,
between the hands, was noted of old, to make
" Macrocephali ;" which shape of the head, at
that time, was esteemed. And the raising gently
of the bridge of the nose, doth prevent the de-
formity of a saddle nose. Which observation
well weighed, may teach a means to make the
persons of men and women, in many kinds,
more comely and better featured than otherwise
they would be; by the forming and shaping of
them in their infancy: as by stroking up the
calves of the legs, to keep them from falling
down too low ; and by stroking up the forehead,
to keep them from being low-foreheaded. And
it is a common practice to swathe infants, that
they may grow more straight, and better shaped :
and we see young women, by wearing strait
bodice, keep themselves from being gross and
corpulent.
Experiment solitary touching the condensing of
air in such sort as it may put on weight, and
yield nourishment,
29. Onions, as they hang, will many of them
shoot forth; and so will penny-royal; and so
will an herb called orpin ; with which they use
in the country to trim their houses, binding it to a
lath or stick, and setting it against a wall. We
see it likewise more especially in the greater
semper-vive, which will put out branches, two or
three years: but it is true, that commonly they
wrap the root in a cloth besmeared with oil, and
renew it once in half a year. The like is reported,
by some of the ancients, of the stalks of lilies.
The cause is ; for that these plants have a strong,
dense, and succulent moisture, which is not apt
to exhale; and so is able, from the old store,
without drawing help from the earth, to suffice
the sprouting of the plant : and this sprouting is
chiefly in the late spring or early summer; which
are the times of putting forth. We see also, that
stumps of trees lying out of the ground, will put
forth sprouts for a time. But it is a noble trial,
and of very great consequence, to try whether
these things, in the sprouting, do increase weight;
which must be tried, by weighing them before
they be hanged up ; and afterwards again, when
they are sprouted. For if they increase not in
weight, then it is no more but this; that what
they send forth in the sprout, they lose in some
other part : for if they gather weight, then it is
"magnate naturae;" for it it showeth that air
may be made so to be condensed as to be con-
verted into a dense body ; whereas the race and
period of all things, here above the earth, is to
extenuate and turn things to be more pneumatical
and rare; and not to be retrograde, from pneu-
matical to that which is dense. It showeth also,
that air can nourish; which is another great
matter of consequence. Note, that to try this,
the experiment of the semper-vive must be made
without oiling the cloth ; for else, it may be, the
plant receiveth nourishment from the oil.
Experiment solitary touching the commixture of
flame and air, and the great force thereof,
30. Flame and air do not mingle, except it be
in an instant ; or in the vital spirits of vegetables
and living creatures. In gunpowder, the force
of it hath been ascribed to rarefaction of the
earthy substance into flame; and thus far it is
true: and then, forsooth, it is become another
element; the form whereof occupieth more place;
and so of necessity, followeth a dilatation; and
therefore, lest two bodies should be in one place,
there must needs also follow an expulsion of the
pellet; or blowing up of the mine. But these
are crude and ignorant speculations. For flame,
if there weTe nothing else, except it were in very
great quantity, will be suffocate with any hard
body, such as a pellet is ; or the barrel of a gun ;
19
NATURAL HISTORY.
Csirr.L
so as the flame would not expel the hard body ;
but the hard body would kill the flame, and not
suffer it to kindle or spread. But the cause of
this so potent a motion, is the nitre, which we call
otherwise saltpetre, which having in it a notable
crude and windy spirit, first by the heat of the
fire suddenly dilateth itself; and we know that
simple air, being preternaturally attenuated by
heat, will make itself room, and break and
blow up that which resisteth it; and secondly,
when the nitre hath dilated itself, it bloweth
abroad the flame, as an inward bellows. And
therefore we see that brimstone, pitch, camphire,
wild-fire, and divers other inflammable matters,
though they burn cruelly, and are hard to quench,
yet they make no such fiery wind as gunpowder
doth ; and on the other side, we see that quick-
silver, which is a most crude and watery body,
heated, and pent in, hath the like force with gun-
powder. As for living creatures, it is certain,
their vital spirits are a substance compounded of
an airy and flamy matter; and though air and
flame being free, will not well mingle ; yet bound
in by a body that hath some fixing, they will.
For that you may best see in those two bodies,
which are their aliments, water and oil ; for they
likewise will not well mingle of themselves ; but
in the bodies of plants, and living creatures, they
will. It is no marvel therefore, that a small
quantity of spirits, in the cells of the brain, and
canals of the sinews, are able to move the whole
body, which is of so great mass, both with so
great force, as in wrestling, leaping; and with
so great swiftness, as in playing division upon
the lute. Such is the force of these two natures,
air and flame, when they incorporate.
Experiment solitary touching the secret nature of
flame,
31. Take a small wax candle, and put it in a
socket of brass or iron; then set it upright in a
porringer full of spirit of wine heated : then set
both the candle and spirit of wine on fire, and you
shall see the flame of the candle open itself, and
become four or five times bigger than otherwise
it would have been ; and appear in figure globu-
lar, and not in pyramis. You'Shall see also, that
the inward flame of the candle keepeth colour,
and doth not wax any whit blue towards the
colour of the outward flame of the spirit of wine.
This is a noble instance; wherein two things
are most remarkable: the one, that one flame
within another quencheth not; but is a fixed
body, and continueth as air or water do. And
therefore flame would still ascend upwards in one
greatness, if it were not quenched on the sides :
and the greater the flame is at the bottom, the
higher is the rise. The other, that flame doth
not mingle with flame, as air doth with air, or
water with water, but only remaineth contiguous ;
is it cometh to pass betwixt consisting bodies.
It appeareth also, that the form of a pyramis hi
flame, which we usually see, is merely by acci-
dent, and that the air about, by quenching the
sides of the flame, crusheth it, and extenuateth
it into that form ; for of itself it would be round ;
and therefore smoke is in the figure of a pyramis
reversed ; for the air quencheth the flame, and
receiveth the smoke. Note also, that the flame
of the candle, within the flame of the spirit of
wine, is troubled ; and doth not only open and
move upwards, but moveth waving, and to and
fro ; as if flame of its own nature, if it were not
quenched, would roll and turn, as well as move
upwards. By all which it should seem, that the
celestial bodies, most of them, are true fires or
flames, as the Stoics held ; more fine, perhaps,
and rarified than our flame is. For they are all
globular and determinate; they have rotation;
and they have the colour and splendour of flame :
so that flame above is durable, and consistent, and
in its natural place ; but with us it is a stranger,
and momentary, and impure : like Yulcan that
halted with his fall.
Experiment solitary touching the different force of
flame in the midst and on the sides.
32. Take an arrow, and hold it in flame for the
space of ten pulses, and when it cometh forth,
you shall find those parts of the arrow which
were on the outsides of the flame more burned,
blacked, and turned almost into a coal, whereas
that in the midst of the flame will be as if the
fire had scarce touched it. This is an instance
of great consequence for the discovery of the
nature of flame ; and showeth manifestly, that
flame burneth more violently towards the sides
than in the midst: and which is more, that heat
or fire is not violent or furious, but where it is
checked and pent. And therefore the Peripate-
tics, howsoever their opinion of an element of fire
above the air is justly exploded, in that point
they acquit themselves well : for being opposed,
that if there were a sphere of fire, that encom-
passed the earth so near hand, it were impossible
but all things should be burnt up ; they answer,
that the pure elemental fire, in its own place, and
not irritated, is but of a moderate heat.
Experiment solitary touching the decrease of the
natural motion of gravity, in great distance from
the earth ; or within some depth of the earth.
33. It is affirmed constantly by many, as a
usual experiment, that a lump of ore in the bot-
tom of a mine will be tumbled and stirred by
two men's strength, which, if you bring it to the
top of the earth, will ask six men's strength at
the least to stir it. It is a noble instance, and is
fit to be tried to the full ; for it is very probable,
that the motion of gravity worketh weakly, both
far from the earth, and also within the earth: the
former, because the appetite of union of dense
.L
NATURAL HISTORY.
13
bodies with the earth, in respect of the distance,
is more dull : the latter, because the body hath
in part attained its nature when it is in some
depth in the earth. For as for the moving to a
point or place, which was the opinion of the an-
cients, it is a mere vanity.
Experiment solitary touching the contraction of
bodies in bulk, by the mixture of the more liquid
body with the more to lid.
31. It is strange how the ancients took up ex-
periments upon credit, and yet did build great
matters upon them. The observation of some of
the best of them, delivered confidently, is, that a
vessel filled with ashes will receive the like
quantity of water that it would have done if it
had been empty. But this is utterly untrue, for
the water will not go in by a fifth part. And I
suppose, that that fifth part is the difference of the
lying close, or open, of the ashes ; as we see
that ashes alone, if they be hard pressed, will lie
in less room : and so the ashes with air between,
lie looser; and with water closer. For I have
not yet found certainly, that the water itself, by
mixture of ashes or dust, will shrink or draw
into less room.
Experiment solitary touching the making vines
more fruitful.
35. It is reported of credit, that if you lay
good store of kernels of grapes about the root of
a vine, it will make the vine come earlier and
prosper better. It may be tried with other ker-
nels laid about the root of a plant of the same
kind ; as figs, kernels of apples, &c. The cause
may be, for that the kernels draw out of the earth
juice fit to nourish the tree, as those that would
be trees of themselves, though there were no
root; but the root being of greater strength rob-
beth and devoureth the nourishment, when they
have drawn it : as great fishes devour little.
Experiments in consort touching purging medi-
cines.
36. The operation of purging medicines and
the causes thereof, have been thought to be a
great secret; and so according to the slothful
manner of men, it is referred to a hidden proprie-
ty, a specifical virtue, and a fourth quality, and
the like shifts of ignorance. The causes of purg-
ing are divers : all plain and perspicuous, and
thoroughly maintained by experience. The first
is, that whatsoever cannot be overcome and di-
gested by the stomach, is by the stomach either
put up by vomit, or put down to the guts ; and
by that motion of expulsion in the stomach and
guts, other parts of the body, as the orifices of the
veins, and the like, are moved to expel by con-
sent For nothing is more frequent than motion
of consent in the body of man. This surcharge
of the stomach is caused either by the quality of
the medicine, or by the quantity. The qualities
are three ; extreme bitter, as in aloes, coloquinti-
da, &c. loathsome and of horrible taste, as in
agaric, black hellebore, &c. and of secret malig-
nity, and disagreement towards man's body, many
times not appearing much in the taste, as in
scammony, mechoachan, antimony, &c. And
note well, that if there be any medicine that purg-
eth, and hath neither of the first two manifest
qualities, it is to be held suspected as a kind of
poison ; for that it worketh either by corrosion,
or by a secret malignity, and enmity to nature;
and therefore such medicines are warily to be
prepared and used. The quantity of that which
is taken doth also cause purging; as we see in a
great quantity of new milk from the cow ; yea
and a great quantity of meat ; for surfeits many
times turn to purges, both upwards and down-
wards. Therefore we see generally, that the
working of purging medicines cometh two or
three hours after the medicines taken : for that
the stomach first maketh a proof whether it can
concoct them. And the like happeneth after sur-
feits, or milk in too great quantity.
37. A second cause is mordication of the orifices
of the parts ; especially of the mesentery veins ;
as it is seen, that salt, or any such tiling that is
sharp and biting, put in the fundament, doth pro-
voke the part to expel ; and mustard provoketh
sneezing : and any sharp thing to the eyes pro-
voketh tears. And therefore we see that almost
all purgers have a kind of twitching and vellica-
tion, besides the griping which cometh of wind.
And if this mordication be in an over-high degree,
it is little better than the corrosion of poison ;
and it cometh to pass sometimes in antimony,
especially if it be given to bodies not replete with
humours ; for where humours abound, the hu-
mours save the parts.
38. The third cause is attraction : for I do not
deny, but that purging medicines have in them
a direct force of attraction : as drawing plaistors
have in surgery: and we see sage or betony
bruised, sneezing powder, and other powders, or
liquors, which the physicians call "errhines,"
put into the nose, draw phlegm and water from
the head ; and so it is in apophlegmatisms and
gargarisms, that draw the rheum down by the
palate. And by this virtue, no doubt, some pur-
gers draw more one humour, and some another,
according to the opinion received: as rhubarb
draweth choler ; sena melancholy ; agaric phlegm,
&c. but yet, more or less, they draw promiscu-
ously. And note also, that besides sympathy
between the purger and the humour, there is also
another cause why some medicines draw some
humour more than another. And it is, for that
some medicines work quicker than others : and
they that draw quick, draw only the lighter and
more fluid humours ; and they that draw slow,
work upon the more tough and viscous humours.
B
14
NATURAL HISTORY.
Cent. 1.
And therefore men most beware how they take
rhubarb, and the like, alone familiarly ; for it
takcth only the lightest part of the humour away,
and leaveth the mass of humours more obstinate.
And the like may be said of wormwood, which
is so much magnified.
39. The fourth cause is flatuosity; for wind
stirred moveth to expel : and we find that in ef-
fect all purgers have in them a raw spirit or wind ;
which is the principal cause of tortion in the sto-
mach and belly. And therefore purgers lose,
most of them, the virtue by decoction upon the
tire ; and for that cause are given chiefly in in-
fusion, juice, or powder.
40. The fifth cause is compression or crushing ;
■as when water is crushed out of a sponge : so
we see that taking cold moveth looseness by
contraction of the skin and outward parts ; and
so doth cold likewise cause rheums, and deflux-
ions from the head ; and some astringent plaisters
crush out purulent matter. This kind of opera-
tion is not found in many medicines ; myrobolanes
have it ; and it may be the barks of peaches ;
fcr this virtue requireth an astriction ; but such
an astriction as is not grateful to the body ; for a
pleasing astriction doth rather bind in the hu-
mours than expel them : and therefore, such as-
triction 18 found in things of a harsh taste:
41. The sixth cause is lubrefactton and relaxa-
tion. As we see in medicines emollient ; such
as are milk, honey, mallows, lettuce, mercurial,
pellitory of the wall, and others. There is also
a secret virtue of relaxation in cold : for the heat
of the body bindeth the parts and humours to-
gether, which cold relaxeth : as it is seen in urine,
blood, pottage, or the like; which, if they be
cold, break and dissolve. And by this kind of
relaxation, fear looseneth the belly : because the
heat retiring inwards towards the heart, the guts,
and other parts are relaxed ; in the same manner
as fear also causeth trembling in the sinews.
And of this kind of purgers are some medicines
made of mercury.
42. The seventh cause is abstersion; which
is plainly a scouring off, or incision of the more
viscous humours, and making the humours more
fluid; and cutting between them and the part;
as is found in nitrous water, which scoureth linen
cloth speedily from the foulness. But this incision
must be by a sharpness, without astriction : which
we find in salt, wormwood, oxymel, and the like.
43. There be medicines that move stools, and
not urine; some other, urine, and not stools.
Those that purge by stool are such as enter not
at all, or little, into the mesentery vein: but
either at the first are not digestible by the stomach,
and therefore move immediately downwards to
the guts ; ot else are afterwards rejected by the
mesentery veins, and so turn likewise downwards
to the guts ; and of these two kinds are most
purgers. But those that move urine are suoh as
are well digested of the stomach, and well re-
ceived also of the mesentery veins ; so they come
as far as the liver, which sendeth urine to the
bladder, as the whey of blood : and those medi-
cines being opening and piercing do fortify the
operation of the liver, in sending down the wheyey
part of the blood to the reins. For medicines
urinative do not work by rejection and indigestion,
as solutive do.
44. There be divers medicines, which in greater
quantity move stool, and in smaller urine : and
so contrariwise, some that in greater quantity
move urine, and in smaller stool. Of the former
sort is rhubarb, and some others. The cause is,
for that rhubarb is a medicine which the stomach
in a small quantity doth digest and overcome,
being not flatuous nor loathsome, and so sendeth
it to the mesentery veins ; and so being opening,
it helpeth down urine : but in a greater quantity,
the stomach cannot overcome it, and so it goeth
to the guts. Pepper by some of the ancients is
noted to be of the second sort; which being in
small quantity, moveth wind in the stomach and
guts, and so cxpelleth by stool ; but being in
greater quantity, dissipateth the wind ; and itself
getteth to the mesentery veins, and so to the liver
and reins; where, by heating and opening, it
sendeth down urine more plentifully.
Experiments in consort touching meats and drinks
that are most nourishing,
45. "We have spoken of evacuating of the body :
we will now speak something of the filling of it,
by restoratives in consumptions and emaciating
diseases. In vegetables, there is one part that is
more nourishing than another ; as grains and roots
nourish more than the leaves ; insomuch as the
order of the Foliatanes was put down by the pope,
as finding leaves unable to nourish man's body.
Whether there be that difference in the flesh of
living creatures is not well inquired, as whether
livers, and other entrails be not more nourishing
than the outward flesh. We find that amongst
the Romans, a goose's liver was a great delicacy;
insomuch as they had artificial means to make it
fair and great ; but whether it were more nourish-
ing appeareth not. It is certain, that marrow is
more nourishing than fat. And I conceive that
some decoction of bones and sinews, stamped and
well strained, would be a very nourishing broth :
we find also that Scotch skinck, which is a pot-
tage of strong nourishment, is made with the
knees and sinews of beef, but long boiled : jelly
also, which they use for a restorative, is chiefly
made of knuckles of veal. The pulp that is with-
in the crawfish or crab, which they spice and
butter, is more nourishing than the flesh of the
crab or crawfish. The yolks of eggs are clearly
more nourishing than the whites. So that it
should seem, that the parts of living creatures that
lie more inwards, nourish more than the outward
Curr. L
NATURAL HISTORY.
15
flesh ; except it be the brain : which the spirits
prey too much upon, to leave it any great virtue
of nourishing. It seemeth for the nourishing of
aged men, or men in consumptions, some such
thing should be devised, as should be half chylus,
before it be put into the stomach.
46. Take two large capons ; parboil them upon
a soft fire, by the space of an hour or more, till in
effect all the blood is gone. Add in the decoction
the pill of a sweet lemon, or a good part of the pill
of a citron, and a little mace. C ut off the shanks,
and throw them away. Then with a good strong
chopping-knife mince the two capons, bones and
all, as small as ordinary minced meat; put them
into a large neat boulter ; then take a kilderkin
sweet and well seasoned, of four gallons of beer,
of 8s. strength, new as it cometh from the tun-
ning : make in the kilderkin a great bung-hole of
purpose : then thrust into it the boulter, in which
the capons are, drawn out in length ; let it steep
in it three days and three nights, the bung-hole
open to work, then close the bung-hole, and so let
it continue a day and half; then draw it into bot-
tles, and you may drink it well after three days'
bottling ; and it will last six weeks : approved.
It drinketh fresh, flowereth and mantleth exceed-
ingly ; it drinketh not newish at all ; it is an ex-
cellent drink for a consumption, to be drunk either
alone, or carded with some other beer. It quench-
eth thirst, and hath no whit of windiness. Note,
that it is not possible, that meat and bread, either
in broths, or taken with drink, as is used, should
get forth into the veins and outward parts so finely
and easily as when it is thus incorporate, and
made almost a chylus aforehand.
47. Trial would be made of the like brew with
potatoe roots, or burr roots, or the pith of arti-
chokes, which are nourishing meats : it may be
tried also with other flesh ; as pheasant, partridge,
young pork, pig, venison, especially of young deer,
&c.
48. A mortress made with the brawn of capons,
■tamped and strained, and mingled, after it is
made, with like quantity, at the least, of almond
butter, is an excellent meat to nourish those that
are weak; better than blanckmanger, or jelly:
and so is the cull ice of cocks, boiled thick with
the like mixture of almond butter ; for the mort-
ress or cullice, of itself, is more savoury and
strong, and not so fit for nourishing of weak
bodies ; but the almonds, that are not of so high
a taste as flesh, do excellently qualify it.
49. Indian maiz hath, of certain, an excellent
spirit of nourishment; but it must be throughly
boiled, and made into a maiz-cream like a barley-
cream. I judge the same of rice, made into a
cream ; for rice is in Turkey, and other countries
of the east, most fed upon; but it must be
thoroughly boiled in respect of the hardness of
it, and also because otherwise it bindeth the body
too much.
50. Pistachoes, so they be good, and not musty,
joined with almonds in almond milk ; or made
into a milk of themselves, like unto almond milk,
but more green, are an excellent nourisher : but
you shall do well to add a little ginger, scraped,
because they are not without some subtile windi-
ness.
51. Milk warm from the cow is found to he a
great nourisher, and a good remedy in consump-
tions : but then you must put into it, when you
milk the cow, two little bags ; the one of powder
of mint, the other of powder of red roses ; for they
keep the milk somewhat from turning or curdling
in the stomach; and put in sugar also, for the
same cause, and hardly for the taste's sake ;
but you must drink a good draught, that it
may stay less time in the stomach, lest it
curdle : and let the cup into which you milk the
cow, be set in a greater cup of hot water, that
you may take it warm. And cow milk thus pre-
pared, I judge to be better for a consumption than
ass milk, which, it is true, tumeth not so easily,
but it is a little harsh ; marry it is more proper
for sharpness of urine, and ex ulceration of the
bladder, and all manner of lenifying. Woman's
milk likewise is prescribed, when all fail ; but I
commend it not, as being a little too near the
juice of man's body, to be a good nourisher; ex-
cept it be in infants, to whom it is natural.
52. Oil of sweet almonds, newly dr,awn, with
sugar and a little spice, spread upon bread toasted,
is an excellent nourisher : but then to k~ep the
oil from frying in the stomach, you must drink a
good draught of mild beer after it ; and to keep it
from relaxing the stomach too much, you must
put in a little powder of cinnamon.
53. The yolks of eggs are of themselves so well
prepared by nature for nourishment, as, so they be
poached, or reare boiled, they need no other prepa-
ration or mixture; yet they may be taken also
raw, when they are new laid, with Malmsey, or
sweetwine : you shall do well to put in some few
slices of eryngium roots, and a little ambergrice ;
for by this means, besides the immediate faculty
of nourishment, such drink will strengthen the
back, so that it will not draw down the urine too
fast; for too much urine doth always hinder
nourishment.
54. Mincing of meat, as in pies, and buttered
minced meat, saveth the grinding of the teeth ;
and therefore, no doubt, it is more nourishing,
especially in age, or to them that have weak teeth ;
but the butter is not so proper for weak bodies;
and therefore it were good to moisten it with a
little claret wine, pill of lemon or orange, cut
small, sugar, and a very little cinnamon or nut^
meg. As for chuets, which are likewise minced
meat, instead of butter and fat, it were good to
moisten them, partly with cream, or almond, or
pistacho milk: or barley, or maiz-cream ; adding
a little coriander seed and caraway seed, and a
16
NATURAL HISTORY.
Cert. L
▼ery little saffron. The more full handling of
alimentation we reserve to the due place.
We have hitherto handled the particulars which
yield best, and easiest, and plentifullest nourish-
ment ; and now we will speak of the best means
of conveying and converting the nourishment.
55. The first means is to procure that the nourish-
ment may not be robbed and drawn away ; where-
in that which we have already said is very mate-
rial ; to provide that the reins draw not too strong-
ly an over great part of the blood into urine. To
this add that precept of Aristotle, that wine be
forborne in all consumptions ; for that the spirits
of the wine do prey upon the roscid juice of the
body, and inter-common with the spirits of the
body, and so deceive and rob them of their nourish-
ment. And therefore, if the consumption, grow-
ing from the weakness of the stomach, do force
you to use wine, let it always be burnt, that the
quicker spirits may evaporate ; or, at the least,
quenched with two little wedges of gold, six or
•even times repeated. Add also this provision,
that there be not too much expense of the nourish-
ment, by exhaling and sweating ; and therefore if
the patient be apt to sweat, it must be gently re-
strained. But chiefly Hippocrates's rule is to be
followed, who adviscth quite contrary to that
which is in use : namely, that the linen or gar-
ment next the flesh be, in winter, dry and oft
changed; and in summer seldom changed, and
smeared over with oil ; for certain it is, that any
substance that is fat, doth a little fill the pores of
the body, and stay sweat in some degree : but the
more cleanly way is, to have the linen smeared
lightly over with oil of sweet almonds; and not
to forbear shifting as oft as is fit.
56. The second means is, to send forth the nou-
rishment into the parts more strongly ; for which
the working must be by strengthening of the
stomach ; and in this, because the stomach is
chiefly comforted by wine and hot things, which
otherwise hurt, it is good to resort to outward ap-
plications to the stomach : Wherein it hath been
tried, that the quilts of roses, spices, mastic, worm-
wood, mint, &c. are nothing so helpful, as to take
a cake of new bread, and to bedew it with a little
sack, or Alicant, and to dry it, and after it be dried
a little before the fire, to put it within a clean
napkin, and to lay it to the stomach ; for it is cer-
tain, that all flour hath a potent virtue of astric-
tion ; in so much as it hardeneth a piece of flesh,
or a flower, that is laid in it : and therefore a bag
quilted with bran is likewise very good ; but it
drieth somewhat too much, and therefore it must
not lie long.
57. The third means, which may be a branch
of the former, is to send forth the nourishment
the better by sleep. For we see, that bears, and
other creatures that sleep in the winter, wax ex-
ceeding fat : and certain it is, as it is commonly
believed, that sleep doth nourish much, both for
that the spirits do less spend the nourishment in
sleep, than when living creatures are awake, and
because, that which is to the present purpose, it
helpeth to thrust out the nourishment into the
parts. Therefore in aged men, and weak bodies,
and such as abound not with choler, a short sleep
after dinner doth help to nourish; for in such
bodies there is no fear of an over-hasty digestion,
which is the inconvenience of postmeridian sleeps.
Sleep also in the morning, after the taking of some-
what of easy digestion, as milk from the cow,
nourishing broth, or the like, doth further nourish-
ment: but this would be done sitting upright,
that the milk or broth may pass the more speedily
to the bottom of the stomach.
58. The fourth means is, to provide that the
parts themselves may draw to them the nourish-
ment strongly. There is an excellent observation
of Aristotle; that a great reason, why plants,
some of them, are of greater age than living crea-
tures, is, for that they yearly put forth new leaves
and boughs : whereas living creatures put forth
after their period of growth, nothing that is young,
but hair and nails, which are excrements, and no
parts. And it is most certain, that whatsoever is
young, doth draw nourishment better than that
which is old ; and then, that which is the myste-
ry of that observation, young boughs, and leaves,
calling the sap up to them, the same nourisheth
the body in the passage. And this we see nota-
bly proved also, in that the oft cutting, or polling
of hedges, trees, and herbs, doth conduce much to
their lasting. Transfer therefore this observation
to the helping of nourishment in living creatures:
the noblest and principal use whereof is, for the
prolongation of life ; restoration of some degree
of youth, and inteneration of the parts ; for certain
it is, that there are in living creatures parts that
nourish and repair easily, and parts that nourish
and repair hardly ; and you must refresh and renew
those that are easy to nourish, that the other may
be refreshed, and as it were, drink in nourishment
in the passage. Now we see that draught oxen,
put into good pasture, recover the flesh of young
beef; and men after long emaciating diets wax
plump and fat, and almost new : so that you may
surely conclude, that the frequent and wise use
of those emaciating diets, and of purgings, and
perhaps of some kind of bleeding, is a principal
means of prolongation of life, and restoring some
degree of youth ; for as we have often said, death
cometh upon living creatures like the torment of
Mezentius :
Mortua quln etlam jungebat corpora vivls
Component manibutque manna, atque oribna ora.
;En. viii. 485.
For the parts in man's body easily reparable, as
spirits, blood, and flesh, die in the embracement
of the parts hardly reparable, as bones, nerves, and
membranes ; and likewise some entrails, which
they reckon amongst the spermatical parts, are
Curr.L
NATURAL HISTORY.
17
hard to repair: though that division of spermati-
cal and menstrual parts be but a conceit. And
this same observation also may be drawn to the
present purpose of nourishing emaciated bodies :
and therefore gentle frication draweth forth the
nourishment, by making the parts a little hungry,
and heating them ; whereby they call forth nou-
rishment the better. This frication I wish to be
done in the morning. It is also best done by the
hand, or a piece of scarlet wool, wet a little
with the oil of almonds, mingled with a small
quantity of bay-salt, or saffron : we see that the
very currying of horses doth make them fat, and
in good liking.
59. The fifth means is, to further the very act
of assimilation of nourishment; which is done by
some outward emoluments, that make the parts
more apt to assimilate. For which I have com-
pounded an ointment of excellent odour, which I
call Roman ointment; vide the receipt. The use
of it would be between sleeps ; for in the latter
sleep the parts assimilate chiefly.
Experiment solitary touching " Filum medicinale."
60. There be many medicines, which by them-
selves would do no cure, but perhaps hurt ; but
beingapplied in a certain order, one after another,
do great cures. I have tried, myself, a remedy
for the gout, which hath seldom failed, but driven
it away in twenty-four hours space : it is first to
apply a poultis, of which vide the receipt, and
then a bath, or fomentation, of which vide the re-
ceipt ; and then a plaister, vide the receipt. The
poultis relaxeth the pores, and maketh the humour
apt to exhale. The fomentation calleth forth the
humour by vapours ; but yet in regard of the way
made by the poultis, draweth gently ; and therefore
draweth the humour out, and doth not draw more
to it ; for it is a gentle fomentation, and hath
withal a mixture, though very little, of some
stupefactive. The plaister is a moderate astrin-
gent plaister, which repelleth new humour from
falling. The poultis alone would make the part
more soft and weak, and apter to take the deflux-
ion and impression of the humour. The fomen-
tation alone, if it were too weak, without way
made by the poultis, would draw forth little ; if
too strong, it would draw to the part, as well as
draw from it. The plaister alone would pen the
humour already contained in the part, and so ex-
asperate it, as well as forbid new humour. There-
fore they niust be all taken in order, as is said.
The poultis is to be laid to for two or three hours :
the fomentation for a quarter of an hour, or some-
what better, being used hot, and seven or eight
times repeated : the plaister to continue on still,
till the part be well confirmed.
Experiment solitary touching cure by custom.
61. There is a secret way of cure, unpractised,
by assuetude of that which in itself hurteth.
Poisons have been made, by some, familiar, as
Vol.IL— 3
hath been said. Ordinary keepers of the sick of
the plague are seldom infected. Enduring of
tortures, by custom, hath been made more easy :
the brooking of enormous quantity of meats, and
so of wine or strong drink, hath been, by custom,
made to be without surfeit or drunkenness. And
generally, diseases that are chronical, as coughs,
phthisics, some kinds of palsies, lunacies, &c.
are most dangerous at the first: therefore a wise
physician will consider whether a disease be in->
curable ; or whether the just cure of it be not full
of peril ; and if he find it to be such, let him re*
sort to palliation; and alleviate the symptom,
without busying himself too much with the per-
fect cure : and many times, if the patient be in-
deed patient, that course will exceed all expecta*
tion. Likewise the patient himself may strive, by
little and little, to overcome the symptom in the acer-
bation, and so, by time, turn suffering into nature*
Experiment solitary touching cure by excess,
62. Divers diseases, especially chronical, such
as quartan agues, are sometimes cured by surfeit
and excesses : as excess of meat, excess of drink,
extraordinary stirring or lassitude, and the like.
The cause is, for that diseases of continuance get
an adventitious strength from custom, besides
their material cause from the humours ; so that
the breaking of the custom doth leave them only
to their first cause; which if it be any thing weak
will fall off. Besides, such excesses do excite
and spur nature, which thereupon rises more
forcibly against the disease.
Experiment solitary touching cure by motion of
consent,
63. There is in the body of man a great consent
in the motion of the several parts. We see, it is
children's sport, to prove whether they can rub
upon their breast with one hand, and pat upon
their forehead with another; and straightways
they shall sometimes rub with both hands, or pat
with both hands. We see, that when the spirits
that come to the nostrils expel a bad scent, the
stomach is ready to expel by vomit. We find
that in consumptions of the lungs, when nature
cannot expel by cough, men fall into fluxes of the
belly, and then they die. So in pestilent diseases,
if they cannot be expelled by sweat, they fall
likewise into looseness; and that is commonly
mortal. Therefore physicians should ingeniously
contrive, how, by emotions that are in their power,
they may excite inward motions that are not in
their power : as by the stench of feathers, or the
like, they cure the rising of the mother.
Experiment solitary touching cure of diseases which
are contrary to predisposition,
64. Hippocrates's aphorism, "in morbis minus,*
is a good profound aphorism. It importeth, that
diseases, contrary to the complexion, age, sex, sea-
son of the year, diet, &c. are more dangerous than
b2
IS
NATURAL HISTORY.
Cent. I.
those that are concurrent. A man would think
it should be otherwise ; for that, when the acci-
dent of sickness, and the natural disposition, do
second the one the other, the disease should be
more forcible : and so, no doubt, it is, if you
suppose like quantity of matter. But that which
maketh good the aphorism is, because such dis-
eases do show a greater collection of matter, by
that they are able to overcome those natural in-
clinations to the contrary. And therefore in dis-
eases of that kind, let the physician apply himself
more to purgation than to alteration ; because the
offence is in the quantity ; and the qualities are
rectified of themselves.
Experiment solitary touching preparation* before
purging, and settling of the body afterward*,
65. Physicians do wisely prescribe, that there
be preparatives used before just purgations ; for
certain it is, that purgers do many times great
hurt, if the body be not accommodated, both
before and after the purging. The hurt that they
do, for want of preparation before purging, is by
the sticking of the humours, and their not coming
fair away, which causeth in the body great pertur-
bations and ill accidents during the purging;
and also the diminishing and dulling of the work-
ing of the medicine itself, that it purgeth not
sufficiently : therefore the work of preparation is
double ; to make the humours fluid and mature,
and to make the passages more open : for both
those help to make the humours pass readily.
And for the former of these, syrups are most
profitable : and for the latter, apozemes, or prepar-
ing broths ; clysters also help, lest the medicine
stop in the guts, and work gripingly. But it is
true, that bodies abounding with humours, and
fat bodies, and open weather, are preparatives in
themselves; because they make the humours
more fluid. But let a physician beware, how he
purge after hard frosty weather, and in a lean
body, without preparation. For the hurt that
they may do after purging, it is caused by the
lodging of some humours in ill places : for it is
certain, that there be humours, which somewhere
placed in the body are quiet, and do little hurt ;
in other places, especially passages, do much
mischief. Therefore it is good, after purging, to
use apozemes and broths, not so much opening
as those used before purging ; but abstersive and
mundifying clysters also are good to conclude
with, to draw away the relics of the humours, that
may have descended to the lower region of the body.
Experiment solitary touching stanching of blood,
66. Blood is stanched divers ways. First, by
astringents, and repercussive medicines. Second-
ly, by drawing of the spirits and blood inwards,
which is done by cold, as iron or a stone laid to
the neck doth stanch the bleeding of the nose;
also it hath been tried, that the testicles being put
into sharp vinegar, hath made a sudden recess of
the spirits, and stanched blood. Thirdly, by the
recess of the blood by sympathy. So it hath been
tried, that the part that bleedeth, being thrust into
the body of a capon or sheep, new ript and bleed-
ing, haw stanched blood, as it seemeth, sucking
and drawing up, by similitude of substance, the
blood it meeteth with, and so itself going back.
Fourthly, by custom and time ; so the Prince of
Orange, in his first hurt by the Spanish boy, could
find no means to stanch the blood either by medi-
cine or ligament : but was fain to have the orifice
of the wound stopped by mens9 thumbs, succeed-
ing one another, for the space at the least of two
day 8 ; and at the last the blood by custom only
retired. There is a fifth way also in use, to let
blood in an adverse part, for a revulsion.
Experiment solitary touching change of aliments
and medicines.
67. It helpeth, both in medicine and aliment,
to change and not to continue the same medicine
and aliment still. The cause is, for that nature,
by continual use of any thing, groweth to a sa-
tiety and dullness, either of appetite or working.
And we see that assuetude of things hurtful doth
make them lose their force to hurt; as poison,
which with use some have brought themselves to
brook. And therefore it is no marvel, though
things helpful by custom lose their force to help :
I count intermission almost the same thing with
change; for that that hath been intermitted is
after a sort new.
Experiment solitary touching diets,
68. It is found by experience, that in diets of
guaiacum, sarza, and the like, especially if they
be strict, the patient is more troubled in the begin-
ning than after continuance; which hath made
some of the more delicate sort of patients give
them over in the midst; supposing that if those
diets trouble them so much at first, they shall not
be able to endure them to the end. But the cause
is, for that all those diets do dry up humours,
rheums, and the like; and they cannot dry up
until they have first attenuated ; and while the
humour is attenuated, it is more fluid than it was
before, and troubleth the body a great deal more,
until it be dried up and consumed. And there-
fore patients must expect a due time, and not kick
at them at the first.
Experiments in consort touching the production of
cold. .
The producing of cold is a thing very worthy
the inquisition; both for use and disclosure of
causes. For heat and cold are nature's two hands,
whereby she chiefly worketh ; and heat we have
in readiness, in respect of the fire ; but for cold
we must stay till it cometh, or seek it in deep
caves, or high mountains : and when all is done,
Cert. I.
NATURAL HISTORY.
19
we cannot obtain it in any great degree: for
furnaces of fire arc far hotter than a summer's
sun ; but vaults or hills are not much colder than
a winter's frost.
69. The first means of producing cold, is that
which nature presenteth us withal : namely, the
expiring of cold out of the inward parts of the
earth in winter, when the sun hath no power to
overcome it; the earth being, as hath been noted
by some, •* primum frigidum." This hath been
asserted, as well by ancient as by modern philoso-
phers : it was the tenet of Parmenides. It was
the opinion of the author of the discourse in Plu-
tirch, for I take it that book was not Plutarch's
own, 4* De primo frigido." It was the opinion of
Telesius, who hath renewed the philosophy of
Parmenides, and is the best of the novelists.
70. The second cause of cold is the contact of
cold bodies; for cold is active and transitive into
bodies adjacent, as well as heat : which is seen
in those things that are touched with snow or
cold water. And therefore, whosoever will be an
inquirer into nature, let him resort to a conserva-
tory of snow and ice, such as they use for delicacy
to cool wine in summer; which is a poor and
contemptible use, in respect of other uses, that
may be made of such conservatories.
71. The third cause is the primary nature of
all tangible bodies : for it is well to be noted, that
all things whatsoever, tangible, are of themselves
cold ; except they have an accessary heat by fire,
life, or motion : for even the spirit of wine, or
chemical oils, which are so hot in operation, are
to the first touch cold ; and air itself compressed,
and condensed a little by blowing, is cold.
72. The fourth cause is the density of the body ;
for all dense bodies are colder than most other
bodies, as metals, stone, glass, and they are longer
in heating than softer bodies. And it is certain,
that earth, dense, tangible, hold all of the nature
of cold. The cause is, for that all matters tangi-
ble being cold, it must needs follow, that where
the matter is most congregate, the cold is the
greater.
73. The fifth cause of cold, or rather of increase
and vehemency of cold, is a quick spirit enclosed
in a cold body : as will appear to any that shall
attentively consider of nature in many instances.
We see nitre, which hath a quick spirit, is cold ;
more cold to the tongue than a stone ; so water
is colder than oil, because it hath a quicker spirit:
for all oil, though it hath the tangible parts bet-
ter digested than water, yet hath it a duller spirit:
so snow is colder than water, because it hath
more spirit within it: so we see that salt put to
ice, as in the producing of artificial ice, increaseth
the activity of cold : so some " insecta," which
have spirit of life, as snakes and silk-worms, are
to the touch cold : so quicksilver is the coldest
of metals, because it is fullest of spirit.
74. The sixth cause of cold is the chasing and
driving away of spirits such as have some degree
of heat: for the banishing of the heat must needs
leave any body cold. This we see in the opera-
tion of opium and stupefactives upon the spirits
of living creatures : and it were not amiss to try
opium, by laying it upon the top of a weather-
glass, to see whether it will contract the air; but
I doubt it will not succeed ; for besides that the
virtue of opium will hardly penetrate through
such a body as glass, I conceive that opium, and
the like, make the spirits fly rather by malignity,
than by cold.
75. Seventhly, the same effect must follow
upon the exhaling or drawing out of the warm
spirits, that doth upon the flight of the spirits.
There is an opinion that the moon is magnetical
of heat, as the sun is of cold and moisture : it
were not amiss therefore to try it, with warm
waters; the one exposed to the beams of the
moon, the other with some screen betwixt the
beam 8 of the moon and the water, as we use to
the sun for shade : and to see whether the former
will cool sooner. And it were also good to
inquire, what other means there may be to draw
forth the exile heat which is in the air ; for that
may be a secret of great power to produce cold
weather.
Experiments in consort, touching the version and
transmutation of air into water.
We have formerly set down the means of turn-
ing air into water, in the experiment 27. But
because it is " magnale naturae," and tendeth to
the subduing of a very great effect, and is also
of manifold use, we will add some instances in
consort that give light thereunto.
76. It is reported by some of the ancients, that
sailors have used, every night, to hang fleeces of
wool on the sides of their ships, the wool towards
the water; and that they have crushed fresh
water out of them, in the morning for their use.
And thus much we have tried, that a quantity of
wool tied loose together, being let down into a
deep well, and hanging in the middle, some three
fathom from the water, for a night, in the winter
time ; increased in weight, as I now remember,
to a fifth part.
77. It is reported by one of the ancients, that
in Lydia, near Pergamus, there were certain
workmen in time of wars fled into caves ; and
the mouth of the caves being stopped by the
enemies, they were famished. But long time
after the dead bones were found; and some
vessels which they had carried with them ; and
the vessels full of water; and that water thicker,
and more towards ice, than common water: which
is a notable instance of condensation and indura-
tion by burial under earth, in caves, for long time:
and of version also, as it should seem, of air into
water ; if any of those vessels were empty. Try
therefore a small bladder hung in snow, and the
90
NATURAL HISTORY.
ClNT. L
like in nitre, and the like in quicksilver : and if
you find the bladders fallen or shrunk, you may
be sure the air is condensed by the cold of those
bodies, as it would be in a cave under earth.
78. It is reported of very good credit, that in
the East Indies, if you set a tub of water open
in a room where cloves are kept, it will be drawn
dry in twenty-four hours; though it stand at some
distance from the cloves. In the country, they
use many times in deceit, when their wool is new
shorn, to set some pails of water by in the same
room, to increase the weight of the wool. But
it may be, that the heat of the wool, remaining
from the body of the sheep, or the heat gathered
by the lying close of the wool, helpeth to draw the
watery vapour : but that is nothing to the version.
79. It is reported also credibly, that wool new
shorn, being laid casually upon a vessel of ver-
juice, after some time, had drunk up a great part
of the verjuice, though the vessel were whole
without any flaw, and had not the bung-hole
open. In this instance, there is upon the by, to
be noted, the percolation or suing of the verjuice
through the wood; for verjuice of itself would
never have passed through the wood : so as, it
seemeth, it must be first in a kind of vapour be-
fore it pass.
80. It is especially to be noted, that the cause
that doth facilitate the version of air into water,
when the air is not in gross, but subtilly mingled
with tangible bodies, is, as hath been partly
touched before, for that tangible bodies have an
antipathy with air; and if they find any liquid
body that is more dense near them, they will
draw it : and after they have drawn it, they will
condense it more, and in effect incorporate it ; for
we see that a sponge, or wool, or sugar, or a
woollen cloth, being put but in part in water or
wine, will draw the liquor higher, and beyond
the place where the water or wine cometh. We
see also, that wood, lute strings, and the like, do
swell in moist seasons; as appeareth by the
breaking of the strings, the hard turning of the
pegs, and the hard drawing forth of boxes, and
opening of wainscot doors : which is a kind of
infusion: and is much like to an infusion in
water, which will make wood to swell ; as we
see in the filling of the chops of bowls, by laying
them in water. But for that part of these experi-
ments which concerneth attraction, we will
reserve it to the proper title of attraction.
81. There is also a version of air into water
seen in the sweating of marbles and other stones;
and of wainscot before, and in moist weather.
This must be, either by some moisture the body
yieldeth, or else by the moist air thickened against
the hard body. But it is plain, that it is the
latter; for that we see wood painted with oil-
colour, will sooner gather drops in a moist night,
than wood alone, which is caused by the smooth-
ness and closeness, which letteth in no part of
the vapour, and so turneth it back, and thickeneth
it into dew. We see also, that breathing upon a
glass, or smooth body, giveth a dew; and in
frosty mornings, such as we call rime frosts,
you shall find drops of dew upon the inside of
glass windows; and the frost itself upon the
ground is but a version or condensation of the
moist vapours of the night, into a watery sub-
stance : dews likewise, and rain, are but the re-
turns of moist vapours condensed ; the dew, by
the cold only of the sun's departure, which is
the gentler cold ; rains, by the cold of that which
they call the middle region of the air; which is
the more violent cold.
82. It is very probable, as hath been touched,
that that which will turn water into ice, will like-
wise turn air some degree nearer unto water.
Therefore try the experiment of the artificial
turning water into ice, whereof we shall speak
in another place, with air in place of water, and
the ice about it. And although it be a greater
alteration to turn air into water, than water into
ice; yet there is this hope, that by continuing
the air longer time, the effect will follow: for
that artificial conversion of water into ice is the
work of a few hours; and this of air may be
tried by a month's space or the like.
Experiment* in consort touching induration of
bodies.
Induration, or lapidification of substances more
soft, is likewise another degree of condensation ;
and is a great alteration in nature. The effecting
and accelerating thereof is very worthy to be
inquired. It is effected by three means. The
first is by cold ; whose property is to condense
and constipate, as hath been said. The second
is by heat; which is not proper but by conse-
quence; for the heat doth attenuate; and by
attenuation doth send forth the spirit and moister
part of a body ; and upon that, the more gross of
the tangible parts do contract and sear themselves
together; both to avoid "vacuum," as they call
it, and also to munite themselves against the
force of the fire, which they have suffered. And
the third is by assimilation ; when a hard body
assimilateth a soft, being contiguous to it.
The examples of induration, taking them pro-
miscuously, are many : as the generation of stones
within the earth, which at the first are but rude
earth or clay : and so of minerals, which come,
no doubt, at first of juices concrete, which after-
wards indurate : and so of porcelain, which is an
artificial cement, buried in the earth a long time;
and so the making of brick and tile: also the
making of glass of a certain sand and brake-
roots, and some other matters; also the exuda-
tions of rock-diamonds and crystal, which harden
with time; also the induration of bead-amber,
which at first is a soft substance ; as appeareth
by the flies and spiders which are found in it;
ClNT. I.
NATURAL HISTORY.
21
and many more: bat we will speak of them
distinctly.
83. For indurations by cold, there be few trials
of it ; for we have no strong or intense cold here
on the surface of the earth, so near the beams of
the sun, and the heavens. The likeliest trial is
by snow and ice ; for as snow and ice, especially
being hoi pen and their cold activated by nitre or
salt, will turn water into ice, and that in a few
hours ; so it may be, it will turn wood or stiff
clay into stone, in longer time. Put therefore
into a conserving pit of snow and ice, adding
some quantity of salt and nitre, a piece of wood, or
a piece of tough clay, and let it lie a month or more.
84. Another trial is by metalline waters, which
have virtual cold in them. Put therefore wood or
clay into smith's water, or other metalline water,
and try whether it will not harden in some rea-
sonable time. But I understand it of metalline
waters that come by washing or quenching ; and
not of strong waters that come by dissolution ; for
they are too corrosive to consolidate.
85. It is already found that there are some na-
tural spring waters, that will inlapidate wood ; so
that you shall see one piece of wood, whereof the
part above the water shall continue wood ; and
the part under water shall be turned into a kind
of gravelly stone. It is likely those waters are
of some metalline mixture; but there would be
more particular inquiry made of them. It is cer-
tain, that an egg was found, having lain many
years in the bottom of a moat, where the earth had
somewhat overgrown it; and this egg was come
to the hardness of a stone, and had the colours of
the white and yolk perfect, and the shell shining
in small grains like sugar or alabaster.
86. Another experience there is of induration
by cold, which is already found ; which is, that
metals themselves are hardened by often heating
and quenching in cold water ; for cold ever work-
etb most potently upon heat precedent. •
87. For induration by heat, it must be consi-
dered, that heat, by the exhaling of the moister
parts, doth either harden the body, as in bricks,
tiles, &c., or if the heat be more fierce, maketh the
grosser part itself run and melt; as in the making
of ordinary glass ; and in the vitrification of earth,
as we see in the inner parts of furnaces, and in
the vitrification of brick, and of metals. And in
the former of these, which is the hardening by
baking without melting, the heat hath these de-
grees ; first, it indurateth, and then maketh fra-
gile; and lastly it doth incinerate and calcinate.
88. But if you desire to make an induration
with toughness, and less fragility, a middle way
would be taken, which is that which Aristotle
hath well noted ; but would be thoroughly veri-
fied. It is to decoct bodies in water for two or
three days; but they must be such bodies into
which the water will not enter ; as stone and metal ;
for if they be bodies into which the water will
enter, then long seething will rather soften than
indurate them ; as hath been tried in eggs, &c.
therefore softer bodies must be put into bottles
hung into water seething with the mouths open
above the water, that no water may get in ; for by
this means the virtual heat of the water will enter ;
and such a heat, as will not make the body adust or
fragile ; but the substance of the water will be shut
out. This experiment we made ; and it sorted thus;
It was tried with a piece of freestone, and with
pewter, put into the water at large. The free-
stone we found received in some water ; for it was
softer and easier to scrape than a piece of the same
stone kept dry. But the pewter, into which no
water could enter, became more white, and like
to silver, and less flexible by much. There were
also put into an earthen bottle, placed as before,
a good pellet of clay, a piece of cheese, a piece of
chalk, and a piece of freestone. The clay came
forth almost of the hardness of stone; the cheese
likewise very hard, and not well to be cut ; the
chalk and the freestone much harder than they
were. The colour of the clay inclined not a whit
to the colour of brick, but rather to white, as in
ordinary drying by the sun. Note, that all the
former trials were made by a boiling upon a good
hot fire, renewing the water as it consumed, with
other hot water; but the boiling was but for
twelve hours only ; and it is like that the experi-
ment would have been effectual, if the boiling
had been for two or three days, as we prescribed
before.
89. As touching assimilation, for this is a de-
gree of assimilation, even in inanimate bodies we
see examples of it in some stones in clay-grounds,
lying near to the top of the earth, where pebble
is ; in which you may manifestly see divers peb-
bles gathered together, and crust of cement or
stone between them, as hard as the pebbles them-
selves ; and it were good to make a trial of pur-
pose, by taking clay, and putting in it divers peb--
ble stones, thick set, to see whether in continu-
ance of time, it will not be harder than other clay
ofthesame lump, in which no pebbles are set.
We see also in ruins of old walls, especially to-
wards the bottom, the mortar will become as hard
as the brick ; we see also, that the wood on the
sides of vessels of wine, gathereth a crust of tartar,
harder than the wood itself; and scales likewise
grow to the teeth, harder than the teeth themselves.
90. Most of all, induration by assimilation ap-
peareth in the bodies of trees and living crea-
tures : for no nourishment that the tree receiveth,
or that the living creature receiveth, is so hard
as wood, bono, or horn, &c. but is indurated after
by assimilation.
Experiment solitary touching the version of water
into air,
91. The eye of the understanding is like the
eye of the sense : for as you may see great ob-
NATURAL HISTORY.
Cent. I.
jects through small crannies, or levels; so yon
may see great axioms of nature through small and
contemptible instances. The speedy depredation
of air upon watery moisture, and version of the
same into air, appeareth in nothing more visible,
than in the sudden discharge or vanishing of a
little cloud of breath or vapour from glass, or the
blade of a sword, or any such polished body, such
as doth not at all detain or imbibe the moisture ;
for the mistiness scattereth and breaketh up sud-
denly. But the like cloud, if it were oily or fatty,
will not discharge; not because it sticketh faster;
but because air preyeth upon water; and flame
and fire upon oil ; and therefore to take out a spot
of grease they use a coal upon brown paper ; be-
cause fire worketh upon grease or oil, as air doth
upon water. And we see paper oiled, or wood
oiled, or the like, last long moist; but wet with
water, dry, or putrify sooner. The cause is, for
that air meddleth little with the moisture of oil.
Experiment solitary touching the force of union,
92. There is an admirable demonstration in the
•ame trifling instance of the little cloud upon glass,
or gems, or blades of swords, of the force of union,
even in the least quantities, and weakest bodies,
how much it conduceth to preservation of the pre-
sent form and the resisting of a new. For mark
well the discharge of that cloud ; and you shall
see it ever break up, first in the skirts, and last in
the midst. We see likewise, that much water
draweth forth the juice of the body infused; but
little water is imbibed by the body : and this is a
principal cause, why in operation upon bodies for
their version or alteration, the trial in great quan-
tities doth not answer the trial in small ; and so
deceive th many ; for that, I say, the greater body
resi8teth more any alteration of form, and requireth
far greater strength in the active body that should
subdue it
Experiment solitary touching the producing of
feathers and hairs of divers colours,
93. We have spoken before in the fifth instance,
of the cause of orient colours in birds ; which is by
the fineness of the strainer : we will now endea-
vour to reduce the same axiom to a work. For
this writing of our " Sylva Sylvarum" is, to
speak properly, not natural history, but a high kind
of natural magic. For it is not a description only
of nature, but a breaking of nature into great and
strange works. Try therefore the anointing over
of pigeons, or some other birds, when they are
but in their down ; or of whelps, cutting their
hair as short as may be ; or of some other beast :
with some ointment that is not hurtful to the flesh,
and that will harden and stick very close ; and
see whether it will not alter the colours of the fea-
thers or hair. It is received, that the pulling off
the first feathers of birds clean, will make the new
come forth white : and it is certain that white is a
penurious colour, and where moisture is scant.
So blue violets, and other flowers, if they be
starved, turn pale and white : birds and horses,
by age or scars turn white : and the hoar hairs
of men come by the same reason. And therefore,
in birds, it is very likely, that the feathers that
come first, will be many times of divers colours,
according to the nature of the bird, for that the
skin is more porous ; but when the skin is more
shut and close, the feathers will come white.
This is a good experiment, not only for the pro-
ducing of birds and beasts of strange colours ; but
also for the disclosure of the nature of colours
themselves : which of them require a finer poro-
sity, and which a grosser.
Experiment solitary touching the nourishment of
living creatures before they be brought forth,
94. It is a work of providence, that hath been
truly observed by some, that the yolk of the egg
conduceth little to the generation of the bird, but
only to the nourishment of the same; for if a
chicken be opened, when it is new hatched, you
shall find much of the yolk remaining. And it is
needful, that birds that are shaped without the
female's womb have in the egg, as well matter of
nourishment, as matter of generation for the body.
For after the egg is laid, and severed from the
body of the hen, it hath no more nourishment
from the hen, but only a quickening heat when
she sitteth. But beasts and men need not the
matter of nourishment within themselves, because
they are shaped within the womb of the female,
and are nourished continually from her body.
Experiments in consort touching sympathy and an*
tipathy for medicinal use,
95. It is an inveterate and received opinion, that
cantharides applied to any part of the body, touch
the bladder and exul cerate it, if they stay on long.
It is likewise received, that a kind of stone, which
they bring out of the West Indies, hath a peculiar
force to move gravel, and to dissolve the stone ; in-
somuch, as laid but to the wrist, it hath so forcibly
sent down gravel, as men have been glad to remove
it, it was so violent.
96. It is received, and confirmed by daily expe-
rience, that the soles of the feet have great affinity
with the head and mouth of the stomach ; as we
see going wet-shod, to those that use it not, af-
fecteth both : applications of hot powders to the
feet attenuate first, and after dry the rheum : and
therefore a physician that would be mystical, pre-
scribeth, for the cure of the rheum, that a man
should walk continually upon a camomile alley;
meaning, that he should put camomile within his
socks. Likewise pigeons bleeding, applied to the
soles of the feet ease the head : and soporiferous
medicines applied unto them, provoke sleep.
97. It seemeth, that as the feet have a sym-
pathy with the head, so the wrists and hands have
Ckrt. I.
NATURAL HISTORY.
23
a sympathy with the heart ; we see the effects and
passions of the heart and spirits are notably dis-
closed by the pulse : and it is often tried, that
juices of stockgilly flowers, rose-campian, gar-
lick, and other things, applied to the wrists, and
renewed, have cured long agues. And I conceive,
that washing with certain liquors the palms of
the hands doth much good : and they do well in
heats of agues, to hold in the hands eggs of alabas-
ter and balls of crystal.
Of these things we shall speak more, when we
handle the title of sympathy and antipathy, in the
proper place.
Experiment solitary touching the secret processes of
nature,
98. The knowledge of man hitherto hath been
determined by the view or sight ; so that whatso-
ever is invisible, either in respect of the fineness
of the body itself, or the smallness of the parts,
or of the subtility of the motion, is little inquired.
And yet these be the things that govern nature
principally ; and without which you cannot make
any true analysis and indication of the proceedings
of nature. The spirits or pneumaticals, that are
in all tangible bodies, are scarce known. Some-
times they take them for "vacuum;" whereas
they are the most active of bodies. Sometimes
they take them for air; from which they differ ex-
ceedingly, as much as wine from water ; and as
wood from earth. Sometimes they will have them
to be natural heat, or a portion of the element
of fire ; whereas some of diem are crude and cold.
And sometimes they will have them to be the
virtues and qualities of the tangible parts which
they see ; whereas they are things by themselves.
And then, when they come to plants and living
creatures, they call them souls. And such super-
ficial speculations they have ; like prospectives,
that show things inward, when they are but paint-
ings. Neither is this a question of words, but
infinitely material in nature. For spirits are
nothing else but a natural body rarified to a pro-
portion, and included in the tangible parts of bo-
dies, as in an integument. And they be no less
differing one from the other than the dense or
tangible parts; and they are in all tangible bodies
whatsoever, more or less ; and they are never al-
most at rest; and from them, and their motions,
principally proceed arefaction, colliquation, con-
coction, maturation, putrefaction, vivification, and
most of the effects of nature : for, as we have
figured them in our " Sapientia Veterum," in the
fable of Proserpina, you shall in the infernal regi-
ment hear little doings of Pluto, but most of
Proserpina : for tangible parts in bodies are stupid
things ; and the spirits do in effect all. As for
the differences of tangible parts in bodies, the in-
dustry of the chymist hath given some light, in
discerning by their separations the oily, crude,
pure, impure, fine, grots parts of bodies, and the
like. And the physicians are content to acknow-
ledge, that herbs and drugs have divers parts; as
that opium hath a stupefactive part, and a heating
part; the one moving sleep, the other a sweat
following ; and that rhubarb hath purging parts,
and astringent parts, &c. But this whole inqui-
sition is weakly and negligently handled. And
for the more subtile differences of the minute parts,
and the posture of them in the body, which also
hath great effects, they are not at all touched : as
for the motions of the minute parts of bodies, which
do so great effects, they have not been observed
at all ; because they are invisible, and incur not
to the eye ; but yet they are to be deprehended
by experience : as Democritus said well, when
they charged him to hold, that the world was
made of such little motes, as were seen in the
sun : " Atomu8," saith he, " necessitate rationis
et experientis esse convincitur ; atomum enim ne-
mo unquam vidit." And therefore the tumult in
the parts of solid bodies, when they are compress-
ed, which is the cause of all flight of bodies
through the air, and of other mechanical motions,
as hath been partly touched before, and shall be
throughly handled in due place, is not seen at all.
But nevertheless, if you know it not, or inquire it
not attentively and diligently, you shall never be
able to discern, and much less to produce, a num-
ber of mechanical motions. Again, as to the mo-
tions corporal, within the inclosures of bodies,
whereby the effects, which were mentioned before,
pass between the spirits and the tangible parts,
which are arefaction, colliquation, concoction,
maturation, &c. they are not at all handled. But
they are put off* by the names of virtues, and
natures, and actions, and passions, and such other
logical words.
Experiment solitary touching the power of heat,
99. It is certain, that of all powers in nature
heat is the chief; both in the frame of nature, and
in the works of art. Certain it is, likewise, that
the effects of heat are most advanced, when it
worketh upon a body without loss or dissipation
of the matter ; for that ever betrayeth the account.
And therefore it is true, that the power of heat is
best perceived in distillations which are performed
in close vessels and receptacles. But yet there
is a higher degree ; for howsoever distillations do
keep the body in cells and cloisters, without going
abroad, yet they give space unto bodies to turn
into vapour; to return into liquor, and to separate
one part from another. So as nature doth expati-
ate, although it hath not full liberty : whereby the
true and ultimo operations of heat are not attained.
But if bodies may be altered by heat, and yet no
such reciprocation of rarefaction, and of condensa-
tion, and of separation, admitted, then it is like
that this Proteus of matter, being held by the
sleeves, will turn and change into many metamor-
phoses. Take therefore a square vessel of iron,
NATURAL HISTORY.
Csnt. n.
in form of a cube, and let it have good thick and
strong sides. Pat into it a cube of wood, that
may fill it as close as may be, and let it have a
cover of iron, as strong at least as the sides, and
let it be well luted, after the manner of the chy-
mists. Then place the vessel within burning coals,
kept quick kindled for some few hours' space.
Then take the vessel from the fire, and take off
the cover, and see what is become of the wood. I
conceive, that since all inflammation and evapora-
tion are utterly prohibited, and the body still
turned upon itself, that one of these two effects
will follow : either that the body of the wood will
be turned into a kind of " aroalgama," as the
chymists call it, or that the finer part will be
turned into air, and the grosser stick as it were
baked, and incrustate upon the sides of the vessel,
being become of a denser matter than the wood
itself crude. And for another trial, take also
water, and put it in the like vessel, stopped as
before, but use a gentler heat, and remove the
Teasel sometimes from the fire ; and again, after
some small time, when it is cold, renew the heat-
ing of it; and repeat this alteration some few
times : and if you can once bring to pass, that the
water, which is one of the simplest of bodies, be
changed in colour, odour, or taste, after the man-
ner of compound bodies, you may be sure that
there is a great work wrought in nature, and a
notable entrance made into strange changes of
bodies and productions ; and also a way made to
do that by fire, in small time, which the sun and
age do in long time. But of the admirable effects
of this distillation in close, (for so we call it,)
which is like the wombs and matrices of living
creatures, where nothing expireth nor separateth,
we will speak fully, in the due place ; not that
we aim at the making of Paracelsus's pygmies,
or any such prodigious follies; but that we know
the effects of heat will be such, as will scarce fall
under the conceit of man, if the force of it be al-
together kept in.
Experiment military touching the impossibility of
annihilation.
100. There is nothing more certain in nature
than that it is impossible for any body to be utterly
annihilated ; but that as it was the work of the
omnipotency of God to make somewhat of no-
thing, so it requireth the like omnipotency to turn
somewhat into nothing. And therefore it is well
said by an obscure writer of the sect of the chy-
mists, that there is no such way to effect the strange
transmutations of bodies, as to endeavour and urge
by all means the reducing of them to nothing.
And herein is contained also a great secret of pre-
servation of bodies from change ; for if you can
prohibit, that they neither turn into air, because
no air cometh to them, nor go into the bodies ad-
jacent, because they are utterly heterogeneal ;
nor make a round and circulation within them-
selves ; they will never change though they be in
their nature never so perishable or mutable. We
see how flies, and spiders, and the like, get a se-
pulchre in amber, more durable than the monu-
ment and embalming of the body of any king.
And I conceive the like will be of bodies put into
quicksilver. But then they must be but thin, as
a leaf, or a piece of paper or parchment; for if
they have a greater crassitude, they will alter in
their own body, though they spend not But of
this we shall speak more when we handle the
title of conservation of bodies.
CENTURY II.
Experiment* in consort touching music.
Music, in the practice hath been well pursued*
and in good variety ; but in the theory, and espe-
cially in the yielding of the causes of the practice,
Tery weakly ; being reduced into certain mystical
subtilties of no use and not much truth. We
shall, therefore, after our manner, join the contem-
plative and active part together.
101. All sounds are either musical sounds,
which we call tones ; whereunto there may be
a harmony ; which sounds are ever equal ; as sing-
ing, the sounds of stringed and wind instruments,
the ringing of bells, &c. ; or immusical sounds,
which are ever unequal ; such as are the voice in
speaking, all whisperings, all voices of beasts and
birds, except they be singing-birds, all percus-
sions of stones, wood, parchment, skins, as in
drums, and infinite others.
103. The sounds that produce tones are ever
from such bodies as are in their parts and pores
equal; as well as the sounds themselves are
equal ; and such are the percussions of metal, as
in bells ; of glass, as in the filliping of a drinking
glass ; of air, as in men's voices whilst they sing,
in pipes, whistles, organs, stringed instruments,
&c.; and of water, as in the nightingale pipes of
regals, or organs, and other hydraulics ; which
the ancients had, and Nero did so much esteem,
but are now lost And if any roan think, that the
string of the bow and the string of the viol are
neither of them equal bodies, and yet produce
tones, he is in an error. For the sound is not
created between the bow or " plectrum" and the
string ; but between the string and the air ; no
more than it is between the finger or quill, and
the string in other instruments. So there are, in
Cent. II.
NATURAL HISTORY.
25
effect, but three percussions that create tones;
percussions of metals, comprehending glass and
the like, percussions of air, and percussions of
water.
103. The diapason or eighth in music is the
sweetest concord, insomuch as it is in effect a
unison ; as we see in lutes that are strung in the
base strings with two strings, one an eighth above
another; which make but as one sound. And
every eighth note in ascent, as from eight to fifteen,
from fifteen to twenty-two, and so in " infinitum,"
are but scales of diapason. The cause is dark,
and hath not been rendered by any ; and therefore
would be better contemplated. It seemeth that
air, which is the subject of sounds, in sounds that
are not tones, which are all unequal, as hath been
said, admitteth much variety ; as we see in the
voices of living creatures, and likewise in the
voices of several men, for we are capable to dis-
cern several men, by their voices, and in the
conjugation of letters, whence articulate sounds
proceed ; which of all others are most various.
But in the sounds which we call tones, that are
ever equal, the air is not able to cast itself into
any such variety ; but is forced to recur into one
and the same posture or figure, only differing in
greatness and small ness. So we see figures may
be made of lines, crooked and straight, in infinite
variety, where there is inequality; but circles,
or squares, or triangles equilateral, which are all
figures of equal lines, can differ but in greater or
lesser.
104. It is to be noted, the rather least any man
should think that there is any thing in this num-
ber of eight, to create the diapason, that this
computation of eight is a thing rather received,
than any true computation. For a true computa-
tion ought ever to be by distribution into equal
portions. Now there be intervenient in the rise
of eight, in tones, two beemolls, or half notes :
so as if you divide the tones equally, the eight is
but seven whole and equal notes ; and if you sub-
divide that into half notes, as it is in the stops of
a lute, it maketh the number of thirteen.
105. Yet this is true, that in the ordinary rises
and falls of the voice of man, not measuring the
tone by whole notes, and half-notes, which is
the equal measure, there fall out to be two bee-
molls, as hath been said, between the unison and
the diapason: and this varying is natural. For
if a man would endeavour to raise or fall his
voice, still by half-notes, like the stops of a lute ;
or by whole notes alone without halves, as far as an
eighth ; he will not be able to frame his voice
unto it. Which showeth, that after every three
whole notes, nature requireth, for all harmonioal
use, one half-note to be interposed.
106. It is to be considered, that whatsoever
virtue is in numbers, for conducing to consent of
notes, is rather to be ascribed to the ante-number,
than to the entire number; as namely, that the
Vol. II.
sound returneth after six or after twelve ; so that
the seventh or the thirteenth is not the matter,
but the six or the twelfth ; and the seventh and
the thirteenth are but the limits and boundaries
of the return.
107. The concords in music which are perfect
or semiperfect, between the unison and the diapa-
son, are the fifth, which is the most perfect; the
third next : and the sixth, which is more harsh :
and, as the ancients esteemed, and so do myself
and some other yet, the fourth, which they call
diatessaron. As for the tenth, twelfth, thirteenth,
and so in " infinitum," they be but recurrences
of the former, viz. of the third, the fifth, and the
sixth; being an eighth respectively from them.
108. For discords, the second and the seventh
are of all others the most odious in harmony, to
the sense; whereof the one is next above the
unison, the other next under the diapason : which
may show that harmony requireth a competent
distance of notes.
109. In harmony, if there be not a discord to
the base, it doth not disturb the harmony, though
there be a discord to the higher parts : so the
discord be not of the two that are odious ; and
therefore the ordinary consent of four parts con-
sisteth of an eighth, a fifth, and a third to the
base ; but that fifth is a fourth to the treble, and
the third is a sixth. And the cause is, for that
the base striking more air, doth overcome and
drown the treble, unless the discord be very odi-
ous; and so hideth a small imperfection. For
we see, that in one of the lower strings of a lute,
there soundeth not the sound of the treble, nor
any mixed sound, but only the sound of the base.
110. We have no music of quarter-notes; and
it may be they are not capable of harmony ; for
we see the half-notes themselves do but interpose
sometimes. Nevertheless we have some slides
or relishes of the voice or strings, as it were
continued without notes, from one tone to another,
rising or falling, which are delightful.
111. The causes of that which is pleasing or
ingrate to the hearing, may receive light by that
which is pleasing or ingrate to the sight. There
be two things pleasing to the sight, leaving
pictures and shapes aside, which are but second-
ary objects ; and please or displease but in memo-
ry; these two are colours and* orders. The
pleasing of colour symbolizeth with the pleasing
of any single tone to the ear ; but the pleasing
of order doth symbolize with harmony. And
therefore we see in garden-knots, and the frets
of houses, and all equal and well answering
figures, as globes, pyramids, cones, cylinders, &c.
how they please; whereas unequal figures are
but deformities. Xnd both these pleasures, that
of the eye, and that of the ear, are but the effects
of equality, good proportion, or correspondence:
so that, out of question, equality and correspond-
ence are the causes of harmony. But to find the
0
26
NATURAL HISTORY.
Cbnt. II.
proportion of that correspondence is more abstruse ;
whereof notwithstanding we shall speak some-
what, when we handle tones, in the general in-
quiry of sounds.
112. Tones are not so apt altogether to procure
sleep as some other sounds; as the wind, the
purling of water, humming of bees, a sweet roice
of one that readeth, &c. The cause whereof is,
for that tones, because they are equal and slide
not, do more strike and erect the sense than the
other. And overmuch attention hindereth sleep.
113. There be in music certain figures or tropes,
almost agreeing with the figures of rhetoric, and
with the affections of the mind, and other senses.
First, the division and quavering, which please
so much in musk, have an agreement with the
glittering of light ; as the moon-beams playing
upon a wave. Again, the falling from a discord
to a concord, which maketh great sweetness in
music, hath an agreement with the affections,
which are reintegrated to the better, after some
dislikes; it agreeth also with the#taste, which is
soon glutted with that which is sweet alone.
The sliding from the close or cadence hath an
agreement with the figure in rhetoric, which
they call "prster expectatum ;" for there is a
pleasure even in being deceived. The reports,
and fuges, have an agreement with the figures in
rhetoric of repetition and traduction. The triplas,
and changing of times, have an agreement with
the changes of motions ; as when galliard time,
and measure time, are in the medley of one dance.
114. It hath been anciently held and observed,
that the sense of hearing, and the kinds of music,
have most operation upon manners; as, to en-
courage men, and make them warlike; to make
them soft and effeminate ; to make them grave ;
to make them light; to make them gentle and
inclined to pity, &c. The cause is, for that the
sense of hearing striketh the spirits more immedi-
ately than the other senses; and more incorpore-
ally than the smelling ; for the sight, taste, and
feeling, have their organs not of so present and
immediate access to the spirits as the hearing
hath. And as for the smelling, which indeed
worketh also immediately upon the spirits, and
is forcible while the object remaineth, it is with
a communication of the breath or vapour of the
object od orate; but harmony entering easily, and
mingling not at all, and coming with a manifest
motion, doth by custom of often affecting the
spirits, and putting them into one kind of posture,
alter not a little the nature of the spirits, even
when the object is removed. And therefore we
see, that tunes and airs, even in their own nature,
have in themselves some affinity with the affec-
tions; as there be merry tunes, doleful tunes,
solemn tunes; tunes inclining men's minds to
phy ; warlike tunes, &c. So as it is no marvel
if they alter the spirits, considering that tunes
have a predisposition to the motion of the spirits
in themselves. But yet it hath been noted, that
though this variety of tunes doth dispose the
spirits to variety of passions, conform untn them,
yet generally music feedeth that disposition of
the spirits, which it findeth. We see also, that
several airs and tunes do please several nations
and persons, according to the sympathy they have
with their spirits.
Experiment* in contort touching sounds ; and first
touching the nulUty and entity of sounds*
Perspective hath been with some diligence
inquired ; and so hath the nature of sounds, in
some sort, as far as concerneth music : but the
nature of sounds in general hath been superfici-
ally observed. It is one of the subtilest pieces
of nature. And besides, I practise, as I do
advise; which is, after long inquiry of things
immersed in matter, to interpose some subject
which is immateriate, or less materiate ; such as
this of sounds ; to the end, that the intellect may
be rectified, and become not partial.
115. It is first to be considered, what great
motions there are in nature, which pass without
sound or noise. The heavens turn about in a
most rapid motion, without noise to us perceived ;
though in some dreams they have been said to
make an excellent music. So the motions of the
comets, and fiery meteors, as "Stella cadens,"
&c., yield no noise. And if it be thought that
it is the greatness of distance from us, whereby
the sound cannot be heard; we see that light-
nings and coruscations, which are near at hand,
yield no sound neither : and yet in all these
there is a percussion and division of the air.
The winds in the upper region, which move the
clouds above, which we call the rack, and are not
perceived below, pass without noise. The lower
winds, in a plain, except they be strong, make no
noise; but amongst trees, the noise of such
winds will be perceived. And the winds, gener-
ally, when they make a noise, do ever make it
unequally, rising and falling, and sometimes,
when they are vehement, trembling at the height
of their blast Rain or hail falling, though
vehemently, yieldeth no noise in passing through
the air, till it fall upon the ground, water, houses,
or the like. Water in a river, though a swift
stream, is not heard in the channel, but runneth
in silence, if it be of any depth ; but the very
stream upon shallows, of gravel or pebble, will
be heard. And waters, when they beat upon the
shore, or are straitened, as in the falls of bridges,
or are dashed against themselves, by winds, give
a roaring noise. Any piece of timber, or hard
body, being thrust forwards by another body
contiguous, without knocking, giveth no noise.
And so bodies in weighing one upon another,
though the upper body press the lower body
down, make no noise. So the motion in the
minute parts of any solid body, which is the
Cent. II.
NATURAL HISTORY.
27
principal cause of violent motion, though un-
observed, passeth without sound ; for that sound
that is heard sometimes is produced only by the
breaking of the air, and not by the impulsion of
the parts. So it is manifest, that where the
anterior body giveth way, as fast as the posterior
cometh on, it makcth no noise, be the motion
never so great or swift.
116. Air open, and at large maketh no noise,
except it be sharply percussed ; as in the sound
of a string, where air is percussed by a hard and
stiff body, and with a sharp loose: for if the
string be not strained, it maketh no noise. But
where the air is pent and straitened, there breath
or other blowing, which carry but a gentle per-
cussion, suffice to create sound ; as in pipes and
wind-instruments. But then you must note, that
in recorders, which go with a gentle breath, the
concave of the pipe, were it not for the tipple that
straiteneth the air, much more than the simple
concave, would yield no sound. For as for other
wind-instruments, they require a forcible breath ;
as trumpets, cornets, hunters' horns, &c, which
appeareth by the blown cheeks . of him that
windeth them. Organs also are blown with a
strong wind by the bellows. And note again,
that some kind of wind-instruments are blown at
a small hole in the side, which straiteneth the
breath at the first entrance ; the rather, in respect
of the traverse and stop above the hole, which
performeth the tipple's part ; as it is seen in flutes
and fifes, which will not give sound by a blast at
the end, as recorders, &c., do. Likewise in all
whistling, you contract the mouth ; and to make
it more sharp, men sometimes use their finger.
But in open air, if you throw a stone or a dart,
they give no sound ; no more do bullets, except
they happen to be a little hollowed in the casting ;
which hollow ness penneth the air: nor yet arrows,
except they be rufled in their feathers, which
likewise penneth the air. As for small whistles
or shepherds' oaten pipes, they give a sound be-
cause of their extreme slenderness, whereby the
air is more pent than in a wider pipe. Again,
the voices of men and living creatures pass
through the throat, which penneth the breath.
As for the Jews-harp, it is a sharp percussion ;
and besides, hath the advantage of penning the
air in the mouth.
117. Solid bodies, if they be very softly per-
cussed, give no sound ; as when a man treadeth
very softly upon boards. So chests or doors in
fair weather, when they open easily, give no
sound. And cart-wheels squeak not when they
are liquored.
118. The flame of tapers or candles, though it
be a swift motion and breaketh the air, yet passeth
without sound. Air in ovens, though, no doubt,
it doth, as it were, boil and dilate itself, and is
repercussed ; yet it is without noise.
119. Flame percussed by air giveth a noise;
as in blowing of the fire by bellows; greater
than if the bellows should blow upon the air
itself. And so likewise flame percussing the air
strongly, as when flame suddenly taketh and
openeth, giveth a noise; so great flames, while
the one impelleth the other, give a bellowing
sound.
120. There is a conceit runneth abroad, that
there should be a white powder, which will die-
charge a piece without noise ; which is a dangerous
experiment if it should be true : for it may cause
secret murders. But it seemeth to me impossible ;
for if the air pent be driven forth, and strike the
air open, it will certainly make a noise. As for
the white powder, if any such thing be, that may
extinguish or dead the noise, it is like to be a
mixture of petre and sulphur, without coal. For
petre alone will not take fire. And if any man
think that the sound may be extinguished or
deaded by discharging the pent air, before it
cometh to the mouth of the piece and to the open
air, that is not probable ; for it will make more
divided sounds : as if you should make a cross-
barrel hollow through the barrel of a piece, it
may be it would give several sounds, both at the
nose, and at the sides. But I conceive, that if it
were possible to bring to pass, that there should
be no air pent at the mouth of the piece, the
bullet might fly with small or no noise. For
first, it is certain, there is no noise in the percus-
sion of the flame upon the bullet. Next, the
bullet, in piercing through the air, maketh no
noise as hath been said. And then, if there be
no pent air that striketh upon open air, there is
no cause of noise; and yet the flying of the
bullet will not be stayed. For that motion, as
hath been oft said, is in the parts of the bullet,
and not in the air. So as trial must be made by
taking some small concave of metal, no more
than you mean to fill with powder, and laying
the bullet in the mouth of it, half out into the
open air.
121. I heard it affirmed by a man that was a
great dealer in secrets, he was but vain, that there
was a conspiracy, which himself hindered, to
have killed Queen Mary, sister to Queen Elizabeth,
by a burning-glass, when she walked in St.
James's park, from the leads of the house. But
thus much, no doubt, is true ; that if burning-
glasses could be brought to a great strength, as
they talk generally of burning-glasses that are
able to burn a navy, the percussion of the air alone,
by such a burning-glass, would make no noise ;
no more than is found in coruscations and light-
nings without thunders.
122. 1 suppose, that impression of the air with
sounds asketh a time to be conveyed to the sense,
as well as the impressing of species visible; or
else they will not be heard. And therefore, as
the bullet moveth so swift that it is invisible ; so
the same swiftness of motion maketh it inaudible :
28
NATURAL HISTORY.
Cwrr. IL
for we see, that the apprehension of the eye is
quicker than that of the ear.
123. All eruptions of air, though small and
slight, give an entity of sound, which we call
crackling, puffing, spitting, &c. as in bay-salt,
and bay-leaves, cast into the fire; so in chestnuts,
when they leap forth of the ashes ; so in green
wood laid upon the fire, especially root; so in
candles, that spit flame if they be wet ; so in rasp-
ing, sneezing, &c. so in a rose leaf gathered to-
gether into the fashion of a purse, and broken
upon the forehead, or back of the hand, as child-
ren use.
Experiments in consort touching production, conser-
vation, and delation of Bounds ; and the office of
the air therein.
124. The cause given of sound, that it should
be an elision of the air, whereby if they mean
any thing, they mean a cutting or dividing, or else
an attenuating of the air, is but a term of igno-
rance ; and the notion is but a catch of the wit
upon a few instances ; as the manner is in the
philosophy received. And it is common with
men, that if they have gotten a pretty expression
by a word of art, that expression goeth current ;
though it be empty of matter. This conceit of
elision appeareth most manifestly to be false, in
that the sound of a bell, string, or the like, con-
tinued melting some time after the percussion ;
but ceaseth straightways, if the bell, or string, be
touched and stayed : whereas, if it were the eli-
sion of the air that made the sound, it could not
be that the touch of the bell or string should ex-
tinguish so suddenly that motion caused by the
elision of the air. This appeareth yet more mani-
festly by chiming with a hammer upon the out-
side of a bell : for the sound will be according to
the inward concave of the bell ; whereas the eli-
sion or attenuation of the air cannot be but only
between the hammer and the outside of the bell.
So again, if it were an elision, a broad hammer,
and a bodkin, struck upon metal, would give a
diverse tone, as well as a diverse loudness: but
they do not so ; for though the sound of the one
be louder, and of the other softer, yet the tone is
the same. Besides, in echoes, whereof some are as
loud as the original voice, there is no new elision,
but a repercussion only. But that which con-
vinced! it most of all is, that sounds are generated
where there is no air at all. But these and the
like conceits, when men have cleared their under-
standing by the light of experience, will scatter
and break up like a mist.
125. It is certain, that sound is not produced at
the first, but with some local motion of the air, or
flame, or some other medium; nor yet without
some resistance, either in the air or the body per-
cussed. For if there be a mere yielding or ces-
sion, it produceth no sound ; as hath been said.
And therein sounds differ from light and colours,
1 which pass through the air, or other bodies, with-
out any local motion of the air; either at the first,
or after. But you must attentively distinguish
between the local motion of the air, which is but
"vehiculum causae," a carrier of the sounds, and
the sounds themselves, conveyed in the air. For
as to the former, we see manifestly that no sound
is produced, no not by air itself against other air,
as in organs, &c. but with a perceptible blast of
the air ; and with some resistance of the air struck-
en. For even all speech, which is one of the
gentlest motions of the air, is with expulsion of a
little breath. And all pipes have a blast, as well
as a sound. We see also manifestly, that sounds
are carried with wind : and therefore sounds will
be heard further with the wind, than against the
wind ; and likewise do rise and fall with the in-
tension or remission of the wind. But for the
impression of the sound, it is quite another thing,
and is utterly without any local motion of the air,
perceptible; and in that resembleth the species
visible : for after a man hath lured, or a bell is
rung, we cannot discern any perceptible motion
at all in the air along as the sound goeth ; but
only at the first. Neither doth the wind, as far
as it carrieth a voice, with the motion thereof, con-
found any of the delicate and articulate figurations
of the air, in variety of words. And if a man
speak a good loudness against the flame of a
candle, it will not make it tremble much ; though
most when those letters are pronounced which
contract the mouth ; as F. S. V. and some others.
But gentle breathing, or blowing without speak-
ing, will move the candle far more. And it is
the more probable, that sound is without any local
motion of the air, because as it differeth from the
sight, in that it needeth a local motion of the air
at first; so it paralleleth in so many other things
with the sight, and radiation of things visible;
which without all question induce no local mo-
tion in the air, as hath been said.
126. Nevertheless it is true, that upon the noise
of thunder, and great ordnance, glass windows
will shake ; and fishes are thought to be frayed
with the motion caused by noise upon the water.
But these effects are from the local motion of the
air, which is a concomitant of the sound, as hath
been said, and not from the sound.
127. It hath been anciently reported, and is still
received, that extreme applauses and shouting of
people assembled in great multitudes, have so
rarified and broken the air that birds flying over
have fallen down, the air being not able to sup-
port them. And it is believed by some, that
great ringing of bells in populous cities hath
chased away thunder; and also dissipated pesti-
lent air: all which may be also from the concus-
sion of the air, and not from the sound.
128. A very great sound, near hand, hath
strucken many deaf; and at the instant they have
found, as it were, the breaking of a skin or parch-
cint. n.
NATURAL HISTORY.
20
ment in their ear: and myself standing near one
that lured loud anjd shrill, had suddenly an
offence, as if somewhat had broken or been dislo-
cated in my ear; and immediately after a loud
ringing, not an ordinary singing or hissing, but
far louder and differing, so as I feared some deaf-
ness. But after some half quarter of an hour it
vanished. This effect may be truly referred unto
the sound : for as is commonly received, an over-
potent object doth destroy the sense ; and spiritual
species, both visible and audible, will work upon
the sensories, though they move not any other body.
129. In delation of sounds, the enclosure of them
preserveth them, and causeth them to be heard
further. And we find in rolls of parchment or
trunks, the mouth being laid to the one end of the
roll of parchment or trunk, and the ear to the other,
the sound is heard much farther than in the open
air. The cause is, for that the sound spendeth,
and is dissipated in the open air; but in such
concaves it is conserved and contracted. So also
in a piece of ordnance, if you speak in the touch-
hole, and another lay his ear to the mouth of the
piece, the sound passeth and is far better heard
than in the open air.
130. It is further to be considered, how it
proveth and worketh when the sound is not en-
closed all the length of its way, but passeth partly
through open air ; as where you speak some dis-
tance from a trunk ; or where the ear is some d istance
from the trunk at the other end ; or where both
mouth and ear are distant from the trunk. And
it is tried, that in a long trunk of some eight
or ten foot, the sound is holpen, though both the
mouth and the ear be a handful or more from the
ends of the trunk; and somewhat more holpen,
when the ear of the hearer is near, than when the
mouth of the speaker. And it is certain, that the
voice is better heard in a chamber from abroad,
than abroad from within the chamber.
131. As the enclosure that is round about and
entire, preserveth the sound ; so doth a semi-con-
cave, though in a less degree. And therefore, if
you divide a trunk, or a cane into two, and one
speak at the one end, and you lay your ear at the
other, it will carry the voice farther than in the
air at large. Nay further, if it be not a full semi-
concave, but if you do the like upon the mast of a
ship, or a long pole, or a piece of ordnance, though
one speak upon the surface of the ordnance, and
not at any of the bores, the voice will be heard
farther than in the air at large.
132. It would be tried, how, and with what
proportion of disadvantage the voice will be car-
ried in a horn, which is a line arched ; or in a
trumpet, which is a line retorted ; or in some pipe
that were sinuous.
133. It is certain, howsoever it cross the receiv-
ed opinion, that sounds may be created without
air, though air be the most favourable deferent of
sounds. Take a vessel of water, and knap a
pair of tongs some depth within the water, and
you shall hear the sound of the tongs well and not
much diminished ; and yet there is no air at all
present.
134. Take one vessel of silver, and another of
wood, and fill each of them full of water, and then
knap the tongs together, as before, about a hand-
ful from the bottom, and you shall find the sound
much more resounding from the vessel of silver
than from that of wood : and yet if there be no
water in the vessel, so that you knap the tongs in
the air, you shall find no difference between the
silver and the wooden vessel. Whereby, beside
the main point of creating sound without air, you
may collect two things : the one, that the sound
communicateth with the bottom of the vessel ; the
other, that such a communication passeth far better
through water than air.
135. Strike any hard bodies together in the
midst of a flame ; and you shall hear the sound
with little difference from the sound in the air.
136. The pneumatical part which is in all tan-
gible bodies, and hath some affinity with the air,
performeth, in some degree, the parts of the air ;
as when you knock upon an empty barrel, the
sound is in part created by the air on the outside ;
and in part by the air in the insice : for the sound
will be greater or lesser as the barrel is more
empty or more full ; but yet the sound participate
eth also with the spirit in the wood through which
it passeth, from the outside to the inside : and so
it cometh to pass in the chiming of bells on the
outside ; where also the sound passeth to the in-
side : and a number of other like instances, where-
of we shall speak more when we handle the com-
munication of sounds.
137. It were extreme grossness to think, as we
have partly touched before, that the sound in
strings is made or produced between the hand
and the string, or the quill and the string, or the
bow and the string, for those are but " vehicula
motus," passages to the creation of the sound, the
sound being produced between the string and the
air; and that not by any impulsion of the air from
the first motion of the string ; but by the return
or result of the string, which was strained by the
touch, to his former place : which motion of result
is quick and sharp ; whereas the first motion is
soft and dull. So the bow tortureth the 61 ring
continually, and thereby holdeth it in a continual
trepidation.
Experiments in consort touching the magnitude and
exility and damps of sounds,
138. Take a trunk, and let one whistle at the
one end, and hold your ear at the other, and you
shall find the sound strike so sharp as you can
scarce endure it. The cause is, for that sound
diffuseth itself in round, and so spendeth itself;
but if the sound, which would scatter in open air,
be made to go all into a canal, it must needs give
c2
NATURAL HISTORY.
Cent. II.
greater force to the sound. And so you may note,
that enclosures do not only preserve sound, but
also increase and sharpen it.
139. A hunter's horn being greater at one end
than at the other, doth increase the sound more
than if the horn were all of an equal bore. The
cause is, for that the air and sound being first con-
tracted at the lesser end, and afterwards haying
more room to spread at the greater end, to dilate
themselves ; and in coming out strike more air ;
whereby the sound is the greater and baser. And
even hunter's horns, which are sometimes made
straight, and not oblique, are ever greater at the
lower end. It would be tried also in pipes, being
made far larger at the lower end ; or being made
with a belly towards the lower end, and then issu-
ing into a straight concave again.
140. There is in St. James's fields a conduit
of brick, unto which joineth a low vault; and at
the end of that a round house of stone ; and in the
brick conduit there is a window ; and in the round
house a slit or rift of some little breadth : if you
cry out in the rift, it will make a fearful roaring
at the window. The cause is the feme with the
former ; for that all concaves, that proceed from
more narrow to more broad, do amplify the sound
at the coming out.
141. Hawks' bell 8, that have holes in the sides,
give a greater ring, than if the pellet did strike
upon brass in the open air. The cause is the
same with the first instance of the trunk ; namely,
for that the sound enclosed with the sides of the
bell cometh forth at the holes unspent and more
strong.
142. In drums, the closeness round about, that
preserveth the sound from dispersing, maketh the
noise come forth at the drum-hole far more loud
and strong than if you should strike upon the like
akin extended in the open air. The cause is the
same with the two precedent.
143. Sounds are better heard, and farther off,
in an evening or in the night, than at the noon or
in the day. The cause is, for that in the day,
when the air is more thin, no doubt, the sound
pierceth better; but when the air is more thick,
as in the night, the sound spendeth andspreadeth
abroad less : and so it is a degree of enclosure.
As for the night, it is true also that the general
silence helpeth.
144. There be two kinds of reflections of sound ;
the one at distance, which is the echo; wherein
the original is heard distinctly, and the reflection
also distinctly ; of which we shall speak hereafter :
the other in concurrence ; when the sound reflect-
ing, the reflection being near at hand, returneth
immediately upon the original, and so iterateth it
not, but amplifieth it. Therefore we see, that
music upon the water soundeth more; and so
likewise music is better in chambers wainscotted
than hanged.
145. The strings of a late, or viol, or virginals,
' do give a far greater sound, by reason of the knot,
' and board, and concave underneath, than if there
I were nothing but only the flat of a board, without
that hollow and knot, to let in the upper air into
the lower. The cause is the communication of
the upper air with the lower, and penning of both
from expense or dispersing.
146. An Irish harp hath open air on both sides
of the strings : and it hath the concave or belly
not along the strings, but at the end of the strings.
It maketh a more resounding sound than a bando-
re, orpharion, or citter, which have likewise wire
strings. I judge the cause to be, for that open air
on both sides helpeth, so that there be a concave ;
which is therefore best placed at the end.
147. In a virginal, when the lid is down, it
maketh a more exile sound than when the lid is
open. The cause is, for that all shutting in of
air, where there is no competent vent, dampeth
the sound : which maintaineth likewise the former
instance ; for the belly of the lute or viol doth
pen the air somewhat.
148. There is a church at Gloucester, and, as
I have heard, the like is in some other places,
where if you speak against a wall softly, another
shall hear your voice better a good way off, than
near at hand. Inquire more particularly of the frame
of that place. I suppose there is some vault, or
hollow, or aisle, behind the wall, and some passage
to it towards the farther end of that wall against
which you speak ; so as the voice of him that
speaketh slideth along the wall, and then enteretb
at some passage, and communicateth with the
air of the hollow ; for it is preserved somewhat
by the plain wall ; but that is too weak to give a
sound audible, till it hath communicated with the
back air.
149. Strike upon a bow-string, and lay the
horn of the bow near your ear, and it will increase
the sound, and make a degree of a tone. The
cause is, for that the sensory, by reason of the
close holding, is percussed before the air dispert-
eth. The like is, if you hold the horn betwixt
your teeth : but that is a plain delation of the
sound from the teeth to the instrument of hearing;
for there is a great intercourse between those two
parts ; as appeareth by this, that a harsh grating
tune setteth the teeth on edge. The like falleth
out, if the horn of the bow be put upon the
temples ; but that is but the slide of the sound
from thence to the ear.
150. If you take a rod of iron or brass, and
hold the one end to your ear, and strike upon the
other, it maketh a far greater sound than the like
stroke upon the rod, made not so contiguous to the
ear. By which, and by some other instances that
have been partly touched, it should appear, that
sounds do not only slide upon the surface of a
smooth body, but do also communicate with the
spirits, that are in the pores of the body.
151. I remember in Trinity College in Cam*
c*ht. n.
NATURAL HISTORY,
31
bridge, there was an upper chamber, which being
thought weak in the roof, it was supported by a
pillar of iron of the bigness of one's arm in the
midst of the chamber ; which if you had struck,
it would make a little flat noise in the room
where it was struck, but it would make a great
bomb in the chamber beneath.
152. The sound which is made by buckets in
a well, when they touch upon the water, or when
they strike upon the side of the well, or when
two buckets dash the one against the other, these
sounds are deeper and fuller than if the like per-
cussion were made in the open air. The cause
is the penning and enclosure of the air in the
concave of the well.
153. Barrels placed in a room under the floor
of a chamber make all noises in the same chamber
more full and resounding.
So that there be five ways, in general, of ma-
joration of sounds : enclosure simple ; enclosure
with dilatation; communication; reflection con-
current; and approach to the sensory.
154. For exility of the voice or other sounds ;
it is certain that the voice doth pass through solid
and hard bodies if they be not too thick : and
through water, which is likewise a very close
body, and such a one as letteth not in air. But
then the voice, or other sound, is reduced by such
passage to a great weakness or exility. If there-
fore you stop the holes of a hawk's bell, it will
make no ring, but a flat noise or rattle. And so
doth the " agtites" or eagle-stone, which hath a
little stone within it.
155. And as for water, it is a certain trial : let
a man go into a bath, and take a pail, and turn
the bottom upwards, and carry the mouth of it
even, down to the level of the water, and so press
it down under the water some handful and a half,
still keeping it even that it may not tilt on either
side, and so the air get out : then let him that is
in the bath dive with his head so far under water,
as he may put his head into the pail, and there
will come as much air bubbling forth as will
make room for his head. Then let him speak,
and any that shall stand without shall hear his
voice plainly; but yet made extreme sharp and
exile, like the voice of puppets: but yet the
articulate sounds of the words will not be con-
founded. Note, that it may be much more hand-
somely done, if the pail be put over the man's
head above the water, and then he cower down,
and the pail be pressed down with him. Note, that
a man must kneel or sit, that he may be lower
than the water. A man would think that the
Sicilian poet had knowledge of this experiment ;
for he said, that Hercules's page, Hylas, went
with a water-pot to fill it at a pleasant fountain
that was near the shore, and that the nymph of
the fountain fell in love with the boy, and pulled
him under water, keeping him alive ; and that
Hercules missing his page, called him by his
name aloud, that all the shore rang of it ; and
that Hylas from within the water answered his
master, but, that which is to the present purpose,
with so small and exile a voice, as Hercules
thought he had been three miles off, when the
fountain, indeed, was fast by.
156. In lutes and instruments of strings, if you
stop a string high, whereby it hath less scope to
tremble, the sound is more treble, but yet more
dead.
157. Take two saucers, and strike the edge of
the one against the bottom of the other, within a
pail of water; and you shall And, that as you put
the saucers lower and lower, the sound groweth
more flat; even while part of the saucer is above
the water; but that flatness of sound is joined
with a harshness of sound ; which no doubt is
caused by the inequality of the sound which
cometh from the part of the saucer under water,
and from the part above. But when the saucer
is wholly under water, the sound becometh more
clear, but far more low, and as if the sound came
from afar off.
158. A soft body dam pet h the sound much
more than a hard ; as if a bell hath cloth or silk
wrapped about it, it deadeth the sound more than
if it were wood. And therefore in clericals the
keys are lined ; and in colleges they use to line
tablemen.
159. Trial was made in a recorder after these
several manners. The bottom of it was set
against the palm of the hand ; stopped with wax
round about; set against a damask cushion;
thrust into sand ; into ashes ; into water, half an
inch under the water ; close to the bottom of a
silver basin; and still the tone remained: but
the bottom of it was set against a woollen carpet;
a lining of plush ; a lock of wool, though loosely
put in ; against snow ; and the sound of it was
quite deaded, and but breath.
160. Iron hot produceth not so full a sound as
when it is cold, for while it is hot, it appeareth
to be more soft and less resounding. So likewise
warm water, when it falleth, maketh not so full a
sound as cold, and I conceive it is softer, and
nearer the nature of oil, for it is more slippery, as
may be perceived in that it scoureth better.
161. Let there be a recorder made with two
Apples, at each end one : the trunk of it of the
length of two recorders, and the holes answerable
towards each end, and let two play the same les-
son upon it as in unison; and let it be noted
whether the sound be confounded, or amplified,
or dulled. So likewise let a cross be made of
two trunk 8, throughout, hollow, and let two
speak, or sing, the one longways, the other tra-
verse; and let two hear at the opposite ends, and
note whether the sound be confounded, amplified,
or dulled. Which two instances will also give
light to the mixture of sounds, whereof we shall
speak hereafter.
NATURAL HISTORY.
Ceht.IL
162. A bellows blown in at the hole of a drum, J
and the dram then strucken, maketh the sound (
a little flatter, but no other apparent alteration.
The cause is manifest : partly for that it hindereth
the issue of the sound, and partly for that it
maketh the air, being blown together, less mov-
able.
Experiments in consort touching the loudness or soft'
nets of sounds, and their carriage at longer or
shorter distance.
163. The loudness and softness of sounds is a
tiling distinct from the magnitude and exility of
sounds ; for a base string, though softly strucken,
giveth the greater sound ; but a treble string, if
hard strucken, will be heard much farther off.
And the cause is, for that the base string striketh
more air, and the treble less air, but with a sharper
percussion.
164. It is therefore the strength of the percus-
sion, that is a principal cause of the loudness or
softness of sounds; as in knocking harder or
softer, winding of a horn stronger or weaker, ring-
ing of a hand-bell harder or softer, &c. And the
strength of this percussion consisteth as much or
more in the hardness of the body percussed, as
in the force of the body percussing : for if you
strike against a cloth, it will give a less sound,
if against wood, a greater, if against metal yet a
greater; and in metals, if you strike against gold,
which is the more pliant, it giveth the flatter
sound ; if against silver or brass, the more ring-
ing sound. As for air, where it is strongly pent,
it matcheth a hard body. And therefore we see
in discharging of a piece, what a great noise it
maketh. We see also, that the charge with bul-
let, or with paper wet and hard stopped, or with
powder alone, rammed in hard, maketh no great
difference in the loudness of the report.
165. The sharpness or quickness of the per-
cussion is great cause of the loudness, as well
as the strength ; as in a whip or wand, if you
strike the air with it; the sharper and quicker
you strike it, the louder sound it giveth. And in
playing upon the lute or virginals, the quick
stroke or touch is a great life to the sound. The
cause is, for that the quick striking cutteth the
sir speedily ; whereas the soft striking doth rather
beat than cut.
Experiments in consort touching the communication
of sounds.
The communication of sounds, as in bellies
of lutes, empty vessels, &c., hath been touched
" obiter," in the maj oration of sounds; but it is fit
also to make a title of it apart.
166. The experiment for greatest demonstration
of communication of sounds, is the chiming of
bells ; where, if you strike with a hammer upon
the upper part, and then upon the midst, and then
upon the lower, you shall find the sound to be
more treble and more base, according unto the
concave on the inside, though the percussion be
only on the outside.
167. When the sound is created between the
blast of the mouth and the air of the pipe, it hath
nevertheless some communication with the matter
of the sides of the pipe, and the spirits in them
contained ; for in a pipe, or trumpet, of wood, and
brass, the sound will be diverse ; so if the pipe
be covered with cloth or silk : it will give a diverse
sound from that it would do of itself; so if the
pipe be a little wet on the inside, it will make a
differing sound from the same pipe dry.
168. That sound made within water doth com-
municate better with a hard body through water,
than made in air it doth with air. " Vide experi-
mentum 134."
Experiments in consort touching equality and in-
equality of sounds.
We have spoken before, in the inquisition
touching music, of musical sounds, whereunto
there may be a concord or discord in two parts;
which sounds we call tones; and likewise of un-
musical sounds ; and have given the cause, that
the tone proceedeth of equality, and the other of
inequality. And we have also expressed there,
what are the equal bodies that give tones, and
what are the unequal that give none. But now
we shall speak of such inequality of sounds as
proceedeth not from the nature of the bodies them-
selves, but as accidental ; either from the rough-
ness or obliquity of the passage, or from the dou-
bling of the percutient, or from the trepidation of
the motion.
169. A bell, if it have a rift in it, whereby the
sound hath not a clear passage, giveth a hoarse
and jarring sound : so the voice of man, when by
cold taken the weasond groweth rugged, and, as
we call it, furred, becometh hoarse. And in
these two instances the sounds are ingrate, be-
cause they are merely unequal : but if they be
unequal in equality, then the sound is grateful
but purling.
170. All instruments that have either returns,
as trumpets ; or flexions, as comets; or are drawn
up, and put from, as sackbuts ; have a purling
sound ; but the recorder, or flute, that have none
of these inequalities, give a clear sound. Never-
theless, the recorder itself, or pipe, moistened a
little in the inside, soundeth more solemnly, and
with a little purling or hissing. Again, a wreathed
string, such as are in the base strings of ban-
dores, giveth also a purling sound.
171. But a lutestring, if it be merely unequal
in its parts, giveth a harsh and untunable sound;
which strings we call false, being bigger in one
place than in other; and therefore wire strings
are never false. We see also, that when we try
a false lutestring, we use to extend it hard between
the fingers, and to fillip it ; and if it giveth a
Cewt.TL
NATURAL HISTORY,
38
double species, it is true ; bat if it giveth a treble,
or more, it is false.
172. Waters, in the noise they make as they
run, represent to the ear a trembling noise ; and
in regals, where they have a pipe they call the
nightingale-pipe, which containeth water, the
sound hatha continual trembling: and children
have also little things they call cocks, which have
water in them ; and when they blow or whistle
in them, they yield a trembling noise ; which trem-
bling of water hath an affinity with the letter L.
All which inequalities of trepidation are rather
pleasant than otherwise.
173. All base notes, or very treble notes, give
an asper sound ; for that the base striketh more
air than it can well strike equally : and the tre-
ble cutteth the air so sharp, as it returneth too swift
to make the sound equal : and therefore a mean or
tenor is the sweetest part.
174. We know nothing that can at pleasure
make a musical or immusical sound by voluntary
motion, but the voice of man and birds. The
cause is, no doubt, in the wcasond or windpipe,
which we call "aspera arteria," which, being
well extended, gathereth equality ; as a bladder
that is wrinkled, if it be extended, becometh
smooth. The extension is always more in tones
than in speech: therefore the inward voice or
whisper can never give a tone. And in singing,
there is, manifestly, a greater working and labour
of the throat than in speaking; as appeareth in
the thrusting out or drawing in of the chin, when
we sing.
175. The humming of bees is an unequal
buzzing, and is conceived by some of the
ancients not to come forth at their mouth, but to
be an inward sound ; but, it may be, it is neither;
but from the motion of their wings : for it is not
heard but when they stir.
176. All metals quenched in water give a sibi-
lation or hissing sound, which hath an affinity
with the letter Z, notwithstanding the sound be
created between the water or vapour, and the air.
Seething also, if there be but small store of water
in a vessel, giveth a hissing sound ; but boiling
in a full vessel giveth a bubbling sound, drawing
somewhat near to the cocks used by children.
177. Trial would be made, whether the in-
equality or interchange of the medium will not
produce an inequality of sound ; as if three bells
were made one within another, and air betwixt
each ; and then the uttermost bell were chimed
with a hammer, how the sound would differ from
a simple bell. So likewise take a plate of brass
and a plank of wood, and join them close together,
and knock upon one of them, and see if they do
not give an unequal sound. So make two or
three partitions of wood in a hogshead, with holes
or knots in them ; and mark the difference of their
sound from the sound of a hogshead without such
partitions.
Vol. IL— 5
Experiments in consort touching the more treble
and the more base tones, or musical sounds.
178. It is evident, that the percussion of the
greater quantity of air causeth the baser sound ;
and the less quantity the more treble sound.
The percussion of the greater quantity of air is
produced by the greatness of the body percussing;
by the latitude of the concave by which the sound
passeth ; and by the longitude of the same con-
cave. Therefore we see that a base string is
greater than a treble ; a base pipe hath a greater
bore than a treble ; and in pipes, and the like, the
lower the note-holes be, and the further off from
the mouth of the pipe, the more base sound they
yield ; and the nearer the mouth, the more treble.
Nay more, if you strike an entire body, as an
andiron of brass, at the top, it maketh a more
treble sound ; and at the bottom a baser.
179. It is also evident, that the sharper or
quicker percussion of air causeth the more treble
sound ; and the slower or heavier, the more base
sound. So we see in strings ; the more they are
wound up and strained, and thereby give a more
quick start»back, the more treble is the sound;
and the slacker they are, or less wound up, the
baser is the sound. And therefore, a bigger string
more strained, and a lesser string less strained,
may fall into the same tone.
180. Children, women, eunuchs, have more
small and shrill voices than men. The reason
is, not for that men have greater heat, which may
make the voice stronger, for the strength of a
voice or sound doth make a difference in the loud-
ness or softness, but not in the tone, but from the
dilatation of the organ ; which, it is true, is like-
wise caused by heat. But the cause of changing
the voice at the years of puberty is more obscure.
It seemeth to be, for that when much of the
moisture of the body, which did before irrigate
the parts, is drawn down to the spermatical
vessels, it leaveth the body more hot than it was;
whence cometh the dilatation of the pipes : for we
see plainly all effects of heats do then come on;
as pilosity, more roughness of the skin, hardness
of the flesh, &c.
181. The industry of the musician hath pro-
duced two other means of straining or intension
of strings, besides their winding up. The one
is the stopping of the string with the finger; as
in the necks of lutes, viols, &c. The other is
the shortness of the string, as in harps, virginals,
&c. Both these have one and the same reason ;
for they cause the string to give a quicker start.
182. In the straining of a string, the further it
is strained, the less superstraining goeth to a note;
for it requireth good winding of a string before
it will make any note at all : and in the stops of
lutes, &c, the higher they go, the less distance
is between the frets.
183. If you fill a drink ing-gl ass with water,
especially one sharp below and wide above, and
NATURAL HISTORY.
Ceht.IL
fillip upon the brim or outside ; and after empty
part of the water, and so more and more, and still
try the tone by fillipping; yon shall find the tone
fall and be more base, as the glass is more
empty.
Experiments in contort touching the proportion of
treble and bate tones.
The just and measured proportion of the air
percussed, towards the baseness or trebleness of
tones, is one of the greatest secrets in the con-
templation of sounds. For it discovereth the
true coincidence of tones into diapasons ; which
is the return of the same sound. And so of the
concords and discords between the unison and
diapason, which we have touched before in the
experiments of music; but think fit to resume it
here as a principal part of our inquiry touching
the nature of sounds. It may be found out in the
proportion of the winding of strings ; in the pro-
portion of the distance of frets, and in the pro-
portion of the concave of pipes, &c., but most
commodiously in the last of these.
184. Try therefore the winding of a string
once about, as soon as it is brought to that exten-
sion as will give a tone; and then of twice about,
and thrice about, &c., and mark the scale or
difference of the rise of the tone : whereby you
shall discover, in one, two effects ; both the pro-
portion of the sound towards the dimension of
the winding ; and the proportion likewise of the
sound towards the string, as it is more or less
strained. But note that to measure this, the way
will be, to take the length in a right line of the
string, upon any winding about of the peg.
185. As for the stops, you are to take the num-
ber of frets; and principally the length of the line,
from the first stop of the string, unto such a stop
as shall produce a diapason to the former stop
upon the same string.
186. But it will best, as it is said, appear in
the bores of wind instruments: and therefore
cause some half dozen pipes to be made, in
length and all things else alike, with a single,
double, and so on to a sextuple bore ; and so mark
what fall of tone every one giveth. But still in
these three last instances, you must diligently
observe, what length of string, or distance of
stop, or concave of air, maketh what rise of
sound. As in the last of these, which, as we
said, is that which giveth the aptest demonstra-
tion, you must set down what increase of concave
goeth to the making of a note higher ; and what
of two notes ; and what of three notes ; and so
up to the diapason : for then the great secret of
numbers and proportions will appear. It is not
unlike that those that make recorders, &c., know
this already : for that they make them in sets :
and likewise bell-founders, in fitting the tune of
their bells. So that inquiry may save trial.
Surely it hath been observed by one of the
ancients, that an empty barrel knocked upon with
the finger, giveth a diapason to the sound of the
like barrel full ; but how that should be, I do not
well understand ; for that the knocking of a barrel,
full or empty, doth scarce give any tone.
187. There is required some sensible difference
in the proportion of creating a note, towards tbe
sound itself, which is passive : and that it be not
too near, but at a distance. For in a recorder, tbe
three uppermost holes yield one tone ; which is a
note lower than the tone of the first three. And
the like, no doubt, is required in the winding or
stopping of strings.
Experiments in consort touching exterior and in-
terior sounds*
There is another difference of sounds, which
we will call exterior and interior. It is not soft
nor loud : nor it is not base nor treble : nor h is
not musical nor immusical: though it be true,
that there can be no tone in an interior sound ;
but on the other side, in an exterior sound there
may be both musical and immusical. We shall
therefore enumerate them, rather than precisely
distinguish them ; though, to make some adum-
bration of what we mean, the interior is rather
an impulsion or contusion of the air, than an
elision or section of the same : so as the percus-
sion of the one towards the other differeth, as a
blow differeth from a cut.
188. In speech of man, the whispering, which
they call " 8usurrus"in Latin, whether it be louder
or softer, is an interior sound ; but the speaking
out is an exterior sound ; and therefore you can
never make a tone nor sing in whispering ; but in
speech you may : so breathing, or blowing by the
mouth, bellows, or wind, though loud, is an inte-
rior sound ; but the blowing through a pipe or
concave, though soft, is an exterior. So likewise
the greatest winds, if they have no coarctation,
or blow not hollow, give an interior sound ; the
whistling or hollow wind yieldeth a singing, or
exterior sound ; the former being pent by some
other body ; the latter being pent in by its own
density : and therefore we see, that when the wind
bloweth hollow, it is a sign of rain. The flame,
as it moveth within in itself or is blown by a bel-
lows, giveth a murmur or interior sound.
189. There is no hard body, but struck against
another hard body, will yield an exterior sound ;
greater or lesser : insomuch as if the percussion
be over-soft, it may induce a nullity of sound ; but
never an interior sound ; as when one treadeth so
softly that he is not heard.
190. Where the air is the percutient, pent or not
pent, against a hard body, it never giveth an exte-
rior sound ; as if you blow strongly with a bellows
against a wall.
191. Sounds, both exterior and interior, may be
made as well by suction as by emission of the
breath ; as in whistling or breathing.
CciiT.IL
NATURAL HISTORY.
35
Experiments in consort touching articulation of
sounds.
192. It is evident, and it is one of the strangest
secrets in sounds, that the whole sound is not in
the whole air only ; but the whole sound is also
in every small part of the air. So that all the
curious diversity of articulate sounds, of the voice
of man or birds, will enter at a small cranny incon-
fused.
193. The unequal agitation of the winds and
the like, though they be material to the carriage
of the sounds farther or less way ; yet they do
not confound the articulation of them at all,
within that distance that they can be heard ;
though it may be, they make them to be heard less
way than in a still : as hath been partly touched.
194. Over great distance confoundeth the arti-
culation of sounds ; as we see, that you may hear
the sound of a preacher's voice, or the like, when
you cannot distinguish what he saith. And one
articulate sound will confound another, as when
many speak at once.
195. In the experiment of speaking under
water, when the voice is reduced to such an
extreme exility, yet the articulate sounds, which
are the words, are not confounded, as hath been
said.
196. I conceive, that an extreme small or an
extreme great sound cannot be articulate ; but that
the articulation requireth a mediocrity of sound :
for that the extreme small sound confoundeth the
articulation by contracting; and the great sound
by dispersing : and although, as was formerly said,
a sound articulate, already created, will be con-
tracted into a small cranny ; yet the first articula-
tion requireth more dimension.
197. It hath been observed, that in a room, or
in a chapel, vaulted below and vaulted likewise in
the roof, a preacher cannot be heard so well as in
the like places, not so vaulted. The cause is, for
mat the subsequent words come on before the pre-
cedent words vanish : and therefore the articulate
sounds are more confused, though the gross of the
sound be greater.
198. The motions of the tongue, lips, throat,
palate, &c., which go to the making of the several
alphabetical letters, are worthy inquiry, and per-
tinent to the present inquisition of sounds : but
because they are subtle, and long to describe, we
will refer them over, and place them amongst the
experiments of speech. The Hebrews have been
diligent in it, and have assigned which letters are
labial, which dental, which guttural, &c. As for
the Latins and Grecians, they have distinguished
between semi-vowels and mutes ; and in mutes
between " mutaetenues, mediae," and ** aspirate ;"
not amies, but yet not diligently enough. For the
special strokes and motions that create those
sounds, they have little inquired: as, that the
letters 2?, P, -F, M, are not expressed, but with
the contracting or shutting of the mouth ; that the
letters A' and B cannot be pronounced but that
the letter iVwill turn into M; as " hecatonba "
will be " hecatomba." That if and T cannot be
pronounced together, but P will come between ;
as "emtus" is pronounced "emptus;" and a
number of the like. So that if you inquire to the
full, you will find, that to the making of the whole
alphabet there will be fewer simple motions re-
quired than there are letters.
199. The lungs are the most spungy part of
the body ; and therefore ablest to contract and
dilate itself: and where it contracteth itself, it ex-
pelleth the air; which, through the artery, throat,
and mouth, maketh the voice : but yet articulation
is not made but with the help of the tongue, palate,
and the rest of those they call instruments of
voice.
200. There is found a similitude between the
sound that is made by inanimate bodies, or by ani-
mate bodies that have no voice articulate, and
divers letters of articulate voices : and commonly
men have given such names to those sounds as
do allude unto the articulate letters ; as trembling
of water hath resemblance with the letter L;
quenching of hot metals with the letter Z ,* snarl-
ing of dogs with the letter R ,* the noise of screech-
owls with the letter Sh t voice of cats with the
diphthong Eu ,* voice of cuckoos with the diph-
thong Ou ; sounds of strings with the letter Ng ;
so that if a man, for curiosity or strangeness* sake,
would make a puppet or other dead body to pro-
nounce a word, let him consider, on the one part,
the motion of the instruments of voice ; and on the
other part, the like sounds made in inanimate
bodies ; and what conformity there is that causeth
the similitude of sounds; and by that he may
minister light to that effect.
86
NATURAL HISTORY.
Cent. III.
CENTURY III.
Experiments in consort touching the motion of
sounds, in what lines they are circular, oblique,
straight, upwards, downwards, forwards, back'
wards.
201. All sounds whatsoever move round ; that
is to say, on all sides : upwards, downwards,
forwards, and backwards. This appeareth in all
instances.
202. Sounds do not require to be conveyed to
the sense in a right line, as visibles do, but may
be arched ; though it be true they move strongest
in a right line; which nevertheless is not caused
by the rightness of the line, but by the shortness
of the distance ; " linea recta brevissima." And
therefore we see if a wall be between, and you
speak on the one side, you hear it on the other ;
which is not because the sound passeth through
the wall, but archeth over the wall.
203. If the sound be stopped and repercussed,
it cometh about on the other side in an oblique
line. So, if in a coach one side of the boot be
down, and the other up, and a beggar beg on the
close side ; you will think that he were on the
open side. So likewise, if a bell or clock be, for
example, on the north side of a chamber, and the
window of that chamber be upon the south ; he
that is in the chamber will think the sound came
from the south.
204. Sounds, though they spread round, so that
there is an orb or spherical area of the sound, yet
they move strongest, and go farthest in the fore-
lines, from the first local impulsion of the air.
And therefore, in preaching, you shall hear the
preacher's voice better before the pulpit than be-
hind it, or on the sides, though it stand open.
So a harquebuss, or ordnance, will be farther
heard forwards from the mouth of the piece, than
backwards, or on the sides.
205. It may be doubted, that sounds do move
better downwards than upwards. Pulpits are
placed high above the people. And when the
ancient generals spake to their armies, they had
ever a mount of turf cast up, whereupon they
stood ; but this may be imputed to the stops and
obstacles which the voice meeteth with, when one
speaketh upon the level. But there seemeth to
be more in it; for it may be that spiritual species,
both of things visible and sounds, do move better
downwards than upwards. It is a strange thing,
that to men standing below on the ground, those
that be on the top of Paul's seem much less than
they are, and cannot be known; but to men
above, those below seem nothing so much lessen-
ed, and may be known: yet it is true, that all
things to them above seem also somewhat con-
tracted, and better collected into figures : as knots
in gardens show best from an upper window or
terrace.
206. But to make an exact trial of it, let a man
stand in a chamber not much above the ground,
and speak out at the window, through a trunk, to
one standing on the ground, as softly as he can,
the other laying his ear close to the trunk ; then
" via versa," let the other speak below, keeping
the same proportion of softness ; and let him in
the chamber lay his ear to the trunk : and this
may be the aptest means to make a judgment,
whether sounds descend or ascend better.
Experiments in consort touching the lasting and
perishing of sounds ; and touching the time they
require to their generation or delation.
207. After that sound is created, which is in
a moment, we find it continueth some small time,
melting by little and little. In this there is a
wonderful error amongst men, who take this to
be a continuance of the first sound ; whereas, in
truth, it is a renovation, and not a continuance;
for the body percussed hath, by reason of the
percussion, a trepidation wrought in the minute
parts, and so reneweth the percussion of the air.
This appeareth manifestly, because that the melt-
ing sound of a bell, or of a string strucken, which
is thought to be a continuance, ceaseth as soon as
the bell or string are touched. As in a virginal,
as soon as ever the jack falleth, and toucheth the
string, the sound ceaseth ; and in a bell, after you
have chimed upon it, if you touch the bell the
sound ceaseth. And in this you must distinguish
that there are two trepidations : the one manifest
and local ; as of the bell when it is pensile : the
other secret, of the minute parts; such as is de-
scribed in the ninth instance. But it is true, that
the local helpeth the secret greatly. We see
likewise that in pipes, and other wind instru-
ments, the sound lasteth no longer than the breath
bloweth. It is true, that in organs there is a
confused murmur for a while after you have
played ; but that is but while the bellows are in
falling.
208. It is certain, that in the noise of great
ordnance, where many are shot off together, the
sound will be carried, at the least, twenty miles
upon the land, and much farther upon the water.
But then it will come to the ear, not in the instant
of the shooting off, but it will come an hour or
more later. This must needs be a continuance
of the first sound ; for there is no trepidation
which should renew it. And the touching of the
ordnance would not extinguish the sound the
sooner : so that in great sounds the continuance
is more than momentary.
209. To try exactly the time wherein sound
is delated, let a man stand in a steeple, and have
with him a taper; and let some veil be put before
the taper ; and let another man stand in a field a
Curr. IIL
NATURAL HISTORY.
87
mile off. Then let him in the steeple strike the
jell ; and in the same instant withdraw the veil ;
md so let him in the field tell by his pulse what
listance of time there is between the light seen,
ind the sound heard : for it is certain that the
lelation of light is in an instant. This may be
tried in far greater distances, allowing greater
lights and sounds.
310. It is generally known and observed that
light and the object of sight move swifter than
lound : for we see the flash of a piece is seen
looner than the noise is heard. And in hewing
rood, if one be some distance off, he shall see
lie arm lifted up for a second stroke, before he
near the noise of the first. And the greater the
listance, the greater is the prevention : as we see
in thunder which is far off, where the lightning
precedeth the crack a good space.
311. Colours, when they represent themselves
to the eye, fade not, nor melt not by degrees, but
ippear still in the same strength; but sounds
Belt and vanish by little and little. The cause is,
Ebr that colours participate nothing with the mo-
ion of the air, but sounds do. And it is a plain
urgument, that sound participated of some local
notion of the air, as a cause " sine qua non," in
hat it perisheth so suddenly ; for in every section
>r impulsion of the air, the air doth suddenly re-
itore and reunite itself; which the water also
loth, but nothing so swiftly.
Experiments in consort touching the passage and
interceptions of sounds*
In the trials of the passage, or not passage of
wands, you must take heed you mistake not the
passing by the sides of a body for the passing
through a body ; and therefore you must make
the intercepting body very close ; for sounds will
pass through a small chink.
212. Where sound passeth through a hard or
dose body, as through water ; through a wall ;
through metal, as in hawks1 bells stopped, &c., the
bard or close body must be but thin and small ; for
dlse it deadeth and extinguished the sound utter-
ly. And therefore in the experiment in speaking
in air under water, the voice must not be very
Jeep within the water ; for then the sound pierceth
aot So if you speak on the farther side of a
dose wall, if the wall be very thick, you shall
lot be heard ; and if there were a hogshead
Mnpty, whereof the sides were some two foot
hick, and the bunghole stopped ; I conceive the
wounding sound, by the communication of the
mtward air with the air within, would be little
* none : but only you shall hear the noise of the
mtward knock as if the vessel were full.
313. It is certain that in the passage of sounds
bough hard bodies the spirit or pneumatical
itrt of the body itself doth co-operate; but much
•etter when the sides of that hard body are struck,
ban when the percussion is only within, without
touch of the sides. Take therefore a hawk's
bell, the holes stopped up, and hang it by a thread
within a bottle glass, and stop the mouth of the
glass very close with wax ; and then shake the
glass, and see whether the bell give any sound
at all, or how weak: but note, that you must
instead of the thread take a wire ; or else let the
glass have a great belly ; lest when you shake
the bell, it dash upon the sides of the glass.
214. It is plain, that a very long and downright
arch for the sound to pass, will extinguish the
sound quite ; so that that sound, which would be
heard over a wall, will not be heard over a church ;
nor that sound, which will be heard if you stand
some distance from the wall, will be heard if you
stand close under the wall.
215. Soft and foraminous bodies, in the first
creation of the sound, will dead it : for the strik-
ing against cloth or fur will make little sound ;
as hath been said : but in the passage of the sound,
they will admit it better than harder bodies ; as
we see, that curtains and hangings will not stay
the sound much ; but glass windows, if they be
very close, will check a sound more than the like
thickness of cloth. We see also in the rumbling
of the belly, how easily the sound passeth through
the guts and skin.
216. It is worthy the inquiry, whether great
sounds, as of ordnance or bells, become not more
weak and exile when they pass through small
crannies. For the subtilties of articulate sounds,
it may be, may pass through small crannies not
confused, but the magnitude of the sound, perhaps,
not so well.
Experiments in consort touching the medium of
sounds.
217. The mediums of sounds are air, soft and
porous bodies, also water. And hard bodies refuse
not altogether to be mediums of sounds. But all
of them are dull and unapt deferents, except the
air.
218. In air, the thinner or drier air carrieth not
the sound so well as the more dense ; as appeareth
in night sounds and evening sounds, and sounds
in moist weather and southern winds. The rea-
son is already mentioned in the title of maj oration
of sounds ; being for that thin air is better pierced ;
but thick air preserveth the sound better from
waste : let further trial be made by hollowing in
mists and gentle showers ; for it may be that will
somewhat dead the sound.
219. How far forth flame may be a medium of
sounds, especially of such sounds as are created
by air, and not betwixt hard bodies, let it be tried
in speaking where a bonfire is between ; but then
you must allow for some disturbance the noise
that the flame itself maketh.
220. Whether any other liquors, being made
mediums, cause a diversity of sound from water,
it may be tried : as by the knapping of the tongs ;
D
NATURAL HISTORY.
Cwrr. I1L
or striking of the bottom of a vessel, filled either
with milk or with oil; which, though they be
more light, yet are they more unequal bodies than
air.
Of the natures of the mediums we have now
spoken; as for the disposition of the said me-
diums, it doth consist in the penning, or not pen-
ning of the air ; of which we have spoken before in
the title of delation of sounds : it consisteth also in
the figure of the concave through which it passe th ;
of which we will speak next.
Experiments in consort, what the figures of the pipes,
or concaves, or the bodies deferent, conduce to the
sounds.
How the figures of pipes, or concaves, through
which sounds pass, or of other bodies deferent,
conduce to the variety and alteration of the sounds ;
either in respect of the greater quantity, or less
quantity of air which the concaves receive, or in
respect of the carrying of sounds longer and
shorter way ; or in respect of many other circum-
stances ; they have been touched, as falling into
other titles. But those figures which we are now
to speak of, we intend to be, as they concern the
lines through which the sound passeth; as
straight, crooked, angular, circular, &c.
221. The figure of a bell partaketh of the py ra-
mie, but yet coming off and dilating more sud-
denly. The figure of a hunter's horn and cornet
is oblique ; yet they have likewise straight horns ;
if they be of the same bore with the oblique, differ
little in sound, save that the straight require some-
what a stronger blast. The figures of recorders,
and flutes, and pipes are straight ; but the recorder
hath a less bore and a greater, above and be-
low. The trumpet hath the figure of the letter S.-
which maketh that purling sound, &c. Gene-
rally the straight line hath the cleanest and round-
est sound, and the crooked the more hoarse and
jarring.
222. Of a sinuous pipe that may have some
four flexions, trial would be made. Likewise of
a pipe made like across, open in the midst. And
so likewise of an angular pipe ; and see what will
be the effects of these several sounds. And so
again of a circular pipe ; as if you take a pipe per-
fect round, and make a hole whereinto you shall
blow, and another hole not far from that; but
with a traverse or stop between them : so that your
breath may go the round of the circle, and come
forth at the second hole. You may try likewise
percussions of solid bodies of several figures ; as
globes, flats, cubes, crosses, triangles, &c., and
their combinations, as flat against flat, and convex
against convex, and convex against flat, &c., and
mark well the diversities of the sounds. Try also
the difference in sound of several crassitudes of
hard bodies percussed ; and take knowledge of the
diversities of the sounds. I myself have tried, that
a bell of gold y ieldeth an excellent sound, not in-
ferior to that of silver or brass, but rather better:
yet we see that a piece of money of gold soundeth
far more flat than a piece of money of silver.
223. The harp hath the concave not along the
strings, but across the strings ; and no instrument
hath the sound so melting and prolonged as the
Irish harp. So as I suppose, that if a virginal
were made with a double concave, the one all the
length, as the virginal hath, the other at the end
of the strings, as the harp hath ; it must needs
make the sound perfecter,and not so shallow and
jarring. You may try it without any sound-board
along, but only harp-wise atone end of the strings;
or lastly, with a double concave, at each end of
the strings one.
Experiments in consort touching the mixture of
sounds,
224. There is an apparent diversity between
the species visible and audible in this, that the
visible doth not mingle in the medium, but the
audible doth. For if we look abroad, we see
heaven, a number of stars, trees, hills, men, beasts,
at once. And the species of the one doth not con-
found the other. But if so many sounds came
from several parts, one of them would utterly con-
found the other. So we see, that voices or con-
sorts of music do make a harmony by mixture,
which colours do not. It is true nevertheless that
a great light drowneth a smaller, that it cannot be
seen; as the sun that of a glow-worm ; as well as
a great sound drowneth a lesser. And I suppose
likewise, that if there were two lanterns of glass,
the one a crimson, and the other an azure, and a
candle within either of them, those coloured lights
would mingle, and cast upon a white paper a pur-
ple colour. And even in colours, they yield a
faint and weak mixture : for white walls make
rooms more lightsome than black, &c. but the
cause of the confusion in sounds, and the incon-
fusion in species visible, is, for that the sight
worketh in right lines, and maketh several cones ;
and so there can be no coincidence in the eye or
visual point: but sounds, that move in oblique
and arcuate lines, must needs encounter and dis-
turb the one the other.
225. The sweetest and best harmony is, when
every part or instrument is not heard by itself,
but a conflation of them all ; which requireth to
stand some distance off, even as it is in the mix-
ture of perfumes; or the taking of the smells of
several flowers in the air.
226. The disposition of the air in other qualities,
except it be joined with sound, hath no great
operation upon sounds: for whether the air be
lightsome or dark, hot or cold, quiet or stirring,
except it be with noise, sweet smelling, or stink-
ing, or the like; it importeth not much; some
pretty alteration or difference it may make.
227. But sounds do disturb and alter the one the
other: sometimes the one drowning the other,
Curr. IIL
NATURAL HISTORY.
39
and making it not heard ; sometimes the one jar-
ring and discording with the other, and making
a confusion; sometimes the one mingling and
compounding with the other, and making a har-
mony.
228. Two Yoices of like loudness will not
be heard twice as far as one of them alone : and
two candles of like light will not make things
seen twice as far off as one. The cause is pro-
found ; but it seemeth that the impressions from
the objects of the senses do mingle respectively,
every one with his kind : but not in proportion,
as is before demonstrated: and the reason may
be, because the first impression, which is from
privative to active, as from silence to noise, or
from darkness to light, is a greater degree than
from less noise to more noise, or from less light
to more light. And the reason of that again may
be, for that the air, after it hath received a charge,
doth not receive a surcharge, or greater charge,
with like appetite as it doth the first charge. As
for the increase of virtue, generally, what propor-
tion it beareth to the increase of the matter, it is
a large field, and to be handled by itself.
Experiment* in contort touching melioration of
sounds,
329. All reflections concurrent do make sounds
greater ; but if the body that createth either the
original sound, or the reflection, be clean and
smooth, it maketh them sweeter. Trial may be
made of a lute or viol, with the belly of polished
brass instead of wood. We see that even in the
open air, the wire-string is sweeter than the
string of guts. And we see that for reflection
water excelleth ; as in music near the water, or
in echoes.
230. It hath been tried, that a pipe a little
moistened on the inside, but yet so as there be
no drops left, maketh a more solemn sound than
if the pipe were dry : but yet with a sweet degree
of sibilation or purling ; as we touched it before
in the title of "equality." The cause is, for that
all things porous being superficially wet, and,
as it were, between dry and wet, became a little
more even and smooth ; but the purling, which
must needs proceed of inequality, I take to be
bred between the smoothness of the inward sur-
face of the pipe, which is wet, and the rest of the
wood of the pipe unto which the wet cometh not,
but it remaineth dry.
231. In frosty weather, music within doors
soundeth better. Which may be by reason not
of the disposition of the air, but of the wood or
string of the instrument, which is made more
crisp, and so more porous and hollow : and we
fee that old lutes sound better than new, for the
same reason. And so do lute-strings that have
been kept long.
232. Sound is likewise meliorated by the
mingling of open air with pent air; therefore
trial may be made of a lute or viol with a double
belly, making another belly with a knot over
the strings ; yet so as there be room enough for
the strings, and room enough to play below that
belly. Trial may be made also of an Irish harp,
with a concave on both sides, whereas it useth to
have it but on one side. The doubt may be, lest
it should make too much resounding, whereby one
note would overtake another.
233. If you sing into the hole of a drum, it
maketh the singing more sweet. And so I con-
ceive it would, if it were a song in parts sung
into several drums; and for handsomeness and
strangeness9 sake, it would not be amiss to have
a curtain between the place where the drums are,
and the hearers.
234. When a sound is created in a wind instru-
ment between the breath and the air, yet if the
sound be communicated with a more equal body
of the pipe, it meliorateth the sound. For, no
doubt, there would be a differing sound in a
trumpet or pipe of wood : and again in a trumpet
or pipe of brass. It were good to try recorders
and hunters' horns of brass, what the sound
would be.
235. Sounds are meliorated by the intension
of the sense, where the common sense is collected
most to the particular sense of hearing, and the
sight suspended : and therefore sounds are sweeter,
as well as greater, in the night than in the day ;
and I suppose they are sweeter to blind men than
to others : and it is manifest, that between, sleep-
ing and waking, when all the senses are bound
and suspended, music is far sweeter than when
one is fully waking.
Experiments in consort touching the imitation of
sounds,
236. It is a thing strange in nature when it is
attentively considered, how children, and some
birds, learn to imitate speech. They take no
mark at all of the motion of the mouth of him
that speaketh, for birds are as well taught in the
dark as by light. The sounds of speech are very
curious and exquisite: so one would think it
were a lesson hard to learn. It is true that it is
done with time, and by little and little, and with
many essays and proffers : but all this dischargeth
not the wonder. It would make a man think,
though this which we shall say may seem exceed-
ing strange, that there is some transmission of
spirits ; and that the spirits of the teacher, put in
motion, should work with the spirits of the learner
a predisposition to offer to imitate; and so to
perfect the imitation by degrees. But touching
operations by transmissions of spirits, which is
one of the highest secrets in nature, we shall
speak in due place, chiefly when we come to
inquire of imagination. But as for imitation, it
is certain that there is in men and other creatures
a predisposition to imitate. We see how ready
40
NATURAL HISTORY.
Ckkt. m.
apes and monkeys are to imitate all motions of
man ; and in the catching of dottrels, we see how
the foolish bird playeth the ape in gestures : and
no man, in effect, doth accompany with others,
but he learneth, ere he is aware, some gesture, or
voice, or fashion of the other.
237. In imitation of sounds, that man should
be the teacher is no part of the matter ; for birds
will learn one of another ; and there is no reward
by feeding, or the like, given them for the imita-
tion; and besides, you shall have parrots that
will not only imitate voices, but laughing, knock-
ing, squeaking of a door upon the hinges, or of
a cart-wheel ; and, in effect, any other noise they
hear.
238. No beast can imitate the speech of roan,
but birds only; for the ape itself, that is so ready
to imitate otherwise, attaineth not any degree of
imitation of speech. It is true, that I have
known a dog, that if one howled in his ear, he
would (all a howling a great while. What should
be the aptness of birds in comparison of beasts,
to imitate the speech of man, may be further
inquired. We see that beasts have those parts
which they count the instruments of speech, as
lips, teeth, &c, liker unto man than birds. As
for the neck, by which the throat passeth, we see
many beasts have it for the length as much as
birds. What better gorge or artery birds have
may be farther inquired. The birds that are
known to be speakers are, parrots, pies, jays,
daws, and ravens. Of which parrots have an
adunque bill, but the rest not.
239. But I conceive, that the aptness of birds
is not so much in the conformity of the organs of
speech as in their attention. For speech must
come by hearing and learning; and birds give
more heed, and mark sounds more than beasts ;
because naturally they are more delighted with
them, and practise them more, as appeareth in
their singing. We see also that those that teach
birds to sing, do keep them waking to increase
their attention. We see also that cock birds,
amongst singing birds, are ever the better singers ;
which may be, because they are more lively and
listen more.
240. Labour and intention to imitate voices
doth conduce much to imitation: and therefore we
see that there be certain " pantomirai," that will
represent the voices of players of interludes so
to life, as if you see them not you would think
they were those players themselves ; and so the
voices of other men that they hear.
241. There have been some that could coun-
terfeit the distance of voices, which is a secondary
object of hearing, in such sort, as when they
stand fast by you, you would think the speech
came from afar off, in a fearful manner. How
this is done may be further inquired. But I see
no great use of it but for imposture, in counter-
feiting ghosts or spirits.
Experiment* in contort touching the reflection of
Bounds.
There be three kinds of reflections of sounds;
a reflection concurrent, a reflection iterant, which
we call echo ; and a super-reflection, or an echo
of an echo ; whereof the first hath been handled
in the title of " magnitude of sounds ;" the latter
two we will now speak of.
242. The reflection of species visible by mirrors
you may command ; because passing in right
lines, they may be guided to any point : but the
reflection of sounds is hard to master; because
the sound, filling great spaces in arched lines,
cannot be so guided : and therefore we see there
hath not been practised any means to make
artificial echoes. And no echo already known
returneth in a very narrow room.
243. The natural echoes are made upon walls,
woods, rocks, hills, and banks; as for waters,
being near, they make a concurrent echo; but
being farther off, as upon a large river, they
make an iterant echo : for there is no difference
between the concurrent echo and the iterant, but
the quickness or slowness of the return. But
there is no doubt but water doth help the dela-
tion of echo ; as well as it helpeth the delation
of original sounds.
244. It is certain, as hath been formerly
touched, that if you speak through a trunk
stopped at the farther end, you shall find a blast
return upon your mouth, but no sound at all.
The cause is, for that the closeness which pre*
serveth the original, is not able to preserve the
reflected sound : besides that echoes are seldom
created but by loud sounds. And therefore there
is less hope of artificial echoes in air pent in a
narrow concave. Nevertheless it hath been
tried, that one leaning over a well of twenty-five
fathom deep, and speaking, though but softly, yet
not so soft as a whisper, the water returned a good
audible echo. It would be tried, whether speak-
ing in caves, where there is no issue save where
you speak, will not yield echoes as wells do.
245. The echo cometh, as the original sound
doth, in a round orb of air: it were good to try
the creating of the echo where the body reper-
cussing maketh an angle : as against the return
of a wall, &c. Also we see that in mirrors there
is the like angle of incidence, from the object to
the glass, and from the glass to the eye. And if
you strike a ball sidelong, not full upon the sur-
face, the rebound will be as much the contrary
way: whether there be any such resilience in
echoes, that is, whether a man shall hear better
if he stand aside the body repercussing, than if
he stand where he speaketh, or anywhere in a
right line between, may be tried. Trial likewise
would be made, by standing nearer the place of
repercussing than he that speaketh; and again
by standing farther off than he that speaketh ; and
so knowledge would be taken, whether echoes,
CXNT. m.
NATURAL HISTORY.
41
as well as original sounds, be not strongest near
hand.
246. There be many places where you shall
hear a number of echoes one after another; and
it is when there is a variety of hills or woods,
some nearer, some farther off: so that the return
from the farther, being last created, will be like-
wise last heard.
247. As the voice goeth round, as well towards
the back, as towards the front of him that speak -
eth; so likewise doth the echo: for you have
many back echoes to the place where you stand.
248. To make an echo that will report three,
or four, or five words distinctly, it is requisite that
the body repercussing be a good distance off:
for if it be near, and yet not so near as to make a
concurrent echo, it choppeth with you upon the
sudden. It is requisite likewise that the air be
not much pent : for air at a great distance pent,
worketh the same effect with air at large in a small
distance. And therefore in the trial of speaking
in the well, though the well was deep, the voice
came back suddenly, and would bear the report
but of two words.
249. For echoes upon echoes, there is a rare
instance thereof in a place which I will now ex-
actly describe. It is some three or four miles
from Paris, near a town called Pont-Charenton ;
and some bird-bolt shot or more from the river of
Seine. The room is a chapel or small church.
The walls all standing, both at the sides and at
the ends. Two rows of pillars, after the manner
of aisles of churches, also standing ; the roof all
open, not so much as any embowments near any
of the walls left. There was against every pillar
a stack of billets above a man's height ; which
the watermen that bring wood down the Seine in
stacks, and not in boats, laid there, as it seemeth,
for their ease. Speaking, at the one end, I did
hear it return the voice thirteen several times;
and I have heard of others, that it would return
sixteen times : for I was there about three of the
clock in the afternoon : and it is best, as all other
echoes are, in the evening. It is manifest that it
is not echoes from several places, but a tossing
of the voice, as a ball, to and fro, like to reflections
in looking-glasses, where if you place one glass
before and another behind, you shall see the glass
behind with the image, within the glass before;
and again, the glass before in that; and divers
such super-reflections, till the " species speciei"
at last die. For it is every return weaker and
more shady. In like manner, the voice in that
chapel createth "speciem speciei," and maketh
succeeding super-reflections; for it melteth by
degrees, and every reflection is weaker than the
former: so that if you speak three words, it will,
perhaps, some three times report you the whole
three words ; and then the two latter words for
some times; and then the last word alone for
•ome times, still fading and growing weaker.
Vol. II. "
And whereas in echoes of one return, it is much
to hear four or five words ; in this echo of so many
returns upon the matter, you hear above twenty
words for three.
250. The like echo upon echo, but only with
two reports, hath been observed to be, if you stand
between a house and a hill, and lure towards the
hill. For the house will give a back echo; one
taking it from the other, and the latter the weaker.
251. There are certain letters that an echo will
hardly express ; as 5 for one, especially being
principal in a word. I remember well, that when
I went to the echo at Pont-Charenton, there was
an old Parisian, that took it to be the work of
spirits, and of good spirits. For, said he, call
44 Satan," and the echo will not deliver back the
devil's name ; but will say, " va t'en ;" which is
as much in French as " apage" or avoid. And
thereby I did hap to find, that an echo would not
return S, being but a hissing and an interior
sound.
252. Echoes are some more sudden, and chop
again as soon as the voice is delivered ; as hath
been partly said : others are more deliberate, that
is, give more space between the voice and the
echo, which is caused by the local nearness or
distance : some will report a longer train of words,
and some a shorter; some more loud, full as loud
as the original, and sometimes more loud, and
some weaker and fainter.
253. Where echoes come from several parts at
the same distance, they must needs make, as it
were, a choir of echoes, and so make the report
greater, and even a continued echo ; which you
shall find in some hills that stand encompassed
theatre-like.
254. It doth not yet appear that there is refrac-
tion in sounds, as well as in species visible. For
I do not think that, if a sound should pass through
divers mediums, as air, cloth, wood, it would de-
liver the sound in a differing place from that unto
which it is deferred ; which is the proper effect
of refraction. But majoration, which is also the
work of refraction, appeareth plainly in sounds,
as hath been handled at full, but it is not by di-
versity of mediums.
Experiment* in contort touching the content and
distent between vitiblct and audiblet.
We have " obiter," for demonstration's sake,
used in divers instances the examples of the sight
and things visible, to illustrate the nature of
sounds : but we think good now to prosecute that
comparison more fully.
Content of vitiblet and audible**
255. Both of them spread themselves in round,
and fill a whole floor or orb unto certain limits;
and are carried a great way : and do languish and
lessen by degrees, according to the distance of the
objects from the sensories.
d2
43
NATURAL HISTORY.
Ceht. m.
256. Both of them hare the whole species in ,
every small portion of the air, or medium, so as
the species do pass through small crannies without
confusion : as we see ordinarily in levels, as to
the eye ; and in crannies or chinks, as to the j
sound. I
257. Both of them are of a sudden and easy !
generation and delation: and likewise perish
swiftly and suddenly ; as if you remove the light,
or touch the bodies that give the sound.
258. Both of them do receive and carry ex-
quisite and accurate differences; as of colours,
figures, motions, distances, in visibles ; and of
articulate voices, tones, songs, and quaverings, in
audibles.
259. Both of them, in their virtue and working,
do not appear to admit any corporal substance into
their mediums, or the orb of their virtue ; neither
again to rise or stir any evident local motion in
their mediums as they pass ; but only to carry
certain spiritual species ; the perfect knowledge
of the cause whereof, being hitherto scarcely at-
tained, we shall search and handle in due place.
2G0. Both of them seem not to generate or
produce any other effect in nature, but such as
appertained to their proper objects and senses,
and are otherwise barren.
261. But both of them, in their own proper
action, do work three manifest effects. The first,
in that the stronger species drowneth the lesser ;
as the light of the sun, the light of a glow-worm ;
the report of an ordnance, the voice : The second,
In that an object of surcharge or excess destroyeth
the sense; as the light of the sun the eye; a
violent sound near the ear the hearing : The third,
in that both of them will be reverberate ; as in
mirrors, and in echoes.
262. Neither of them doth destroy or hinder
the species of the other, although they encounter
in the same medium, as light or colour hinder not
sound, nor **e contra."
263. Both of them effect the sense in living
creatures, and yield objects of pleasure and dis-
like : yet nevertheless the objects of them do also,
if it be well observed, affect and work upon dead
things ; namely, such as have some conformity
with the organs of the two senses, as visibles work
upon a looking-glass, which is like the pupil of
the eye : and audibles upon the places of echo,
which resemble in some sort the cavern and
structure of the ear.
264. Both of them do diversely work, as they
have their medium diversely disposed. So a
trembling medium, as smoke, maketh the object
seem to tremble, and a rising or falling medium,
as winds, maketh the sounds to rise or fall.
265. To both, the medium, which is the most
propitious and conducible, is air, for glass or
water, &c. are not comparable.
266. In both of them, where the object is fine
and accurate, it conduceth much to have the sense
intcntive and erect, insomuch as you contract your
eye when you would see sharply ; and erect your
ear when you would hear attentively ; which in
beasts that have ears movable is most manifest.
267. The beams of light, when they are multi-
plied and conglomerate, generate heat, which is a
different action from the action of sight : and the
multiplication and coglomeration of sounds doth
generate an extreme rarefaction of the air; which
is an action materiate, differing from the action
of sound ; if it be true, which is anciently report-
ed, that birds with great shouts have fallen
down.
Dissents of visibles and audibles.
268. The species of visibles seem to be emis-
sions of beams from the objects seen, almost like
odours, save that they are more incorporeal : but
the species of audibles seem to participate more
with local motion, like percussions, or impres-
sions made upon the air. So that whereas all
bodies do seem to work in two manners, either by
the communication of their natures or by the im-
pressions and signatures of their motions; the
diffusion of species visible seemeth to participate
more of the former operation, and the species au-
dible of the latter.
269. The species of audibles seem to be car-
ried more manifestly through the air than the spe-
cies of visibles : for I conceive that a contrary
strong wind will not much hinder the sight of
visibles, as it will do the hearing of sounds.
270. There is one difference above all other be-
tween visibles and audibles, that is the most re-
markable, as that whereupon many smaller differ-
ences do depend : namely, that visibles, except
lights, are carried in right lines, and audibles in
arcuate lines. Hence it cometh to pass, that vi-
sibles do not intermingle and confound one another,
as hath been said before, but sounds do. Hence
it cometh, that the solidity of bodies doth not
much hinder the sight, so that the bodies be clear,
and the pores in a right line, as in glass, crystal,
diamonds, water, &c. but a thin scarf or handker
chief, though they be bodies nothing so solid, hin
der the sight : whereas, contrariwise, these porous
bodies do not much hinder the hearing, but solid
bodies do almost stop it, or at the least attenuate
h. Hence also it cometh, that to the reflection
of visibles small glasses suffice ; but to the re-
verberation of audibles are required greater spaces,
as hath likewise been said before.
271. Visibles arc seen further off than sounds
are heard, allowing nevertheless the rate of their
bigness, for otherwise a great sound will be heard
further off than a small body seen.
272. Visibles require, generally, some distance
between the object and the eye, to be better seen ;
whereas in audibles, the nearer the approach of
the sound is to the sense, the better. But in this
there may be a double error. The one, because to
o*mt. in.
NATURAL HISTORY.
48
seeing there is required light ; and any thing that
toucheth the pupil of the eye all over excludeth
the light. For I have heard of a person very cre-
dible, who himself was cured of a cataract in one
of his eyes, that while the silver needle did work
upon the sight of his eye, to remove the film of
the cataract, he never saw any thing more clear
or perfect than that white needle: which, no
doubt, was, because the needle was lesser than
the pupil of the eye, and so took not the light
from it. The other error may be, for that the ob-
ject of sight doth strike upon the pupil of the eye
directly without any interception; whereas the
cave of the ear doth hold off the sound a little from
tlie organ : and so nevertheless there is some dis-
tance required in both.
273. Visibles are swiftlier carried to the sense
than audibles ; as appeareth in thunder and light-
ning, flame, and report of a piece, motion of the
air in hewing of wood. All which have been set
down heretofore, but are proper for this title.
274. 1 conceive also, that the species of au-
dibles do hang longer in the air than those of vi-
sibles: for although even those of visibles do
hang some time, as we see in rings turned, that
show like spheres ; in lute-strings filliped ; a fire-
brand carried along, which leaveth a train of light
behind it ; and in the twilight, and the like ; yet
I conceive that sounds stay longer, because they
are carried up and down with the wind ; and be-
cause of the distance of the time in ordnance dis-
charged, and heard twenty miles off.
275. In visibles there are not found objects so
odious and ingrate to the sense as in audibles.
For foul sights do rather displease, in that they
excite the memory of foul things, than in the
immediate objects. And therefore in pictures,
those foul sights do not much offend ; but in au-
dibles, the grating of a saw, when it is sharpen-
ed, doth offend so much as it setteth the teeth on
edge. And any of the harsh discords in music
the ear doth straightways refuse.
276. In visibles, after great light, if you come
suddenly into the dark, or contrariwise, out of the
dark into a glaring light, the eye is dazzled for a
time, and the sight confused ; but whether any
such effect be after great sounds, or after a deep
silence, may be better inquired. It is an old tra-
dition, that those that dwell near the cataracts of
Nil us are strucken deaf: but we find no such effect
in cannoniera nor millers, nor those that dwell
upon bridges.
277. It seemeth that the impression of colour
is so weak as it worketh not but by a cone of
direct beams, or right lines, whereof the basis is
in the object, and the vertical point in the eye ; so
ts there is a corradiation and conjunction of
beams; and those beams so sent forth, yet are
not of any force to beget the like borrowed or
second beams, except it be by reflection, whereof
we speak not. For the beams pass, and give
little tincture to that air which is adjacent ; which
if they did, we should see colours, out of a right
line. But as this is in colours, so otherwise it
is in the body of light. For when there is a
screen between the candle and the eye, yet the
light passeth to the paper whereupon one writeth ;
so that the light is seen where the body of the
flame is not seen, and where any colour, if it
were placed where the body of the flame is, would
notx be seen. I judge that sound is of this latter
nature ; for when two are placed on both sides
of a wall, and the voice is heard, I judge it is not
only the original sound which passeth in an arch-
ed line ; but the sound which passeth above the
wall in a right line, begetteth the like motion
round about it as the first did, though more weak.
Experiments in consort touching the sympathy or
antipathy of sounds one with another,
278. All concords and discords of music are,
no doubt, sympathies and antipathies of sounds.
And so, likewise, in that music which we call
broken music, or consort music, some consorts
of instruments are sweeter than others, a thing
not sufficiently yet observed : as the Irish harp
and base viol agree well: the recorder and
stringed music agree well : organs and the voice
agree well, &c. But the virginals and the lute,
or the Welsh harp and Irish harp, or the voice
and pipes alone, agree not so well : but for the
melioration of music there is yet much left, in
this point of exquisite consorts, to try and inquire.
279. There is a common observation, that if a
lute or viol be laid upon the back, with a small
straw upon one of the strings, and another lute
or viol be laid by it; and in the other lute or viol
the unison to that string be strucken, it will make
the string move, which will appear both to the
eye, and by the straw's falling off. The like will
be, if the diapason or eighth to that string be
strucken, either in the same lute or viol, or in
others lying by: but in none of these there is
any report of sound that can be discerned, but
only motion.
280. It was devised, that a viol should have a
lay of wire-strings below, as close to the belly
as a lute, and then the strings of guts mounted
upon a bridge as in ordinary viols: to the end,
that by this means, the upper strings strucken
should make the lower resound by sympathy, and
so make the music the better ; which if it be to
purpose, then sympathy worketh as well by
report of sound as by motion. But this device I
conceive to be of no use, because the upper
strings, which are stopped in great variety, can-
not maintain a diapason or unison with the lower,
which are never stopped. But if it should be of
use at all, it must be in instruments which have
no stops, as virginals and harps; wherein trial
may be made of two rows of strings, distant the
one from the other.
44
NATURAL HISTORY.
CCHT. m.
281. The experiment of sympathy may be
transferred, perhaps, from instruments of strings
to other instruments of sound. As to try, if
there were in one steeple two bells of unison,
whether the striking of the one would move the
other, more than if it were another accord : and so in
pipes, if they be of equal bore and sound, whether
a little straw or feather would move in the one
pipe, when the other is blown at a unison.
282. It seemeth, both in ear and eye, the in-
strument of sense hath a sympathy or similitude
with that which giveth the reflection, as hath
been touched before ; for as the sight of the eye
is like a crystal, or glass, or water ; so is the ear
a sinuous cave, with a hard bone to stop and
reverberate the sound ; which is like to the places
that report echoes.
Experiments in consort touching the hindering or
helping of the hearing.
283. When a man yawneth, he cannot hear so
well. The cause is, for that the membrane of
the ear is extended ; and so rather casteth off the
sound than draweth it to.
284. We hear better when we hold our breath
than contrary : insomuch, as in all listening to
attain a sound afar off, men hold their breath.
The cause is, for that in all expiration the motion
is outwards; and therefore rather driveth away
the voice than draweth it: and besides, we see,
that in all labour to do things with any strength,
we hold the breath; and listening after any sound
that is heard with difficulty is a kind of labour.
285. Let it be tried, for the help of the hearing,
and I conceive it likely to succeed, to make an
instrument like a tunnel ; the narrow part whereof
may be of the bigness of the hole of the ear ; and
the broader end much larger, like a bell at the
skirts ; and the length half a foot or more. And
let the narrow end of it be set close to the ear : and
mark whether any sound, abroad in the open air,
will not be heard distinctly from farther distance
than without that instrument ; being, as it were,
an ear-spectacle. And I have heard there is in
Spain an instrument in use to be set to the ear,
that helpeth somewhat those that are thick of
hearing.
286. If the mouth be shut close, nevertheless
there is yielded by the roof of the mouth a murmur,
such as is used by dumb men. But if the nostrils
be likewise stopped, no such murmur can be made,
except it be in the bottom of the palate towards
the throat. Whereby it appeareth manifestly,
that a sound in the mouth, except such as afore-
said, if the mouth be stopped, passeth from the
palate through the nostrils.
Experiments in consort touching the spiritual and
fine nature of sounds.
287. The repercussion of sounds, which we
call echo, is a great argument of the spiritual
essence of sounds. For if it were corporeal, the
repercussion should be created in the same man-
ner, and by like instruments with the original
sound : but we see what a number of exquisite
instruments must concur in speaking of words,
whereof there is no such matter in the returning
of them, but only a plain stop and repercussion.
288. The exquisite differences of articulate
sounds, carried along in the air, show that they
cannot be signatures or impressions in the air, as
hath been well refuted by the ancients. For it is
true, that seals make excellent impressions ; and
so it may be thought of sounds in their first
generation ; but then the delation and continuance
of them, without any new sealing, show apparently
they cannot be impressions.
289. All sound 8 are suddenly made, and do
suddenly perish : but neither that, nor the exqui-
site differences of them, is matter of so great
admiration: for the quaverings and warblings in
lutes and pipes are as swift; and the tongue,
which is no very fine instrument, doth in speech
make no fewer motions than there be letters in all
the words which are uttered. But that sounds
should not only be so speedily generated, but
carried so far every way in such a momentary
time, deserveth more admiration. As, for ex-
ample, if a man stand in the middle of a field
and speak aloud, he shall be heard a furlong in
round; and that shall be in articulate sounds;
and those shall be entire in every little portion of
the air; and this shall be done in the space of less
than a minute.
290. The sudden generation and perishing of
sounds must be one of these two ways. Either
that the air suffereth some force by sound, and
then restoreth itself as water doth ; which being
divided, maketh many circles, till it restore itself
to the natural consistence : or otherwise, that the
air doth willingly imbibe the sound as grateful,
but cannot maintain it; for that the air hath, as
it should seem, a secret and hidden appetite of
receiving the sound at the first; but then other
gross and more materiate qualities of the air
straightways suffocate it, like unto flame, which
is generated with alacrity, but straight quenched
by the enmity of the air or other ambient bodies.
There be these differences in general, by which
sounds are divided: 1. Musical, unmusical. 2.
Treble, base. 3. Flat, sharp. 4. Soft, loud.
5. Exterior, interior. 6. Clean, harsh, or purling.
7. Articulate, inarticulate.
We have laboured, as may appear, in this
inquisition of sounds diligently; both because
sound is one of the most hidden portions of
nature, as we said in the beginning, and because
it is a virtue which may be called incorporeal
and immateriate, whereof there be in nature but
few. Besides, we were willing, now in these
our first centuries, to make a pattern or precedent
of an exact inquisition ; and we shall do the like
Cent. HI.
NATURAL HISTORY.
45
hereafter in some other subjects which require it
For we desire that men should learn and perceive
how severe a thing the true inquisition of nature
is ; and should accustom themselves by the light
of particulars, to enlarge their minds to the ampli-
tude of the world, and not reduce the world to the
narrowness of their minds.
Experiment solitary touching the orient colours in
dissolution of metals.
291. Metals give orient and fine colours in dis-
solutions; as gold giveth an excellent yellow,
quicksilver an excellent green, tin giveth an
excellent azure : likewise in their putrefactions or
rusts ; as vermilion, verdigrease, bise, cirrus, &c,
and likewise in their vitrifications. The cause is,
for that by their strength of body they are able to
endure the fire or strong waters, and to be put into
an equal posture, and again to retain part of their
principal spirit ; which two things, equal posture
and quick spirits, are required chiefly to make
colours lightsome.
Experiment solitary touching prolongation of life.
29*2. It conduceth unto long life, and to the
more placid motion of the spirits, which thereby
do less prey and consume the juice of the body,
either that men's actions be free and voluntary,
that nothing be done "invita Minerva," but " se-
cundum genium ;" or, on the other side, that the
actions of men be full of regulation and commands
within themselves : for then the victory and per-
forming of the command giveth a good disposition to
the spirits, especially if there be a proceeding from
degree to degree; for then the sense of the victory
is the greater. An example of the former of these
is in a country life ; and of the latter in monks and
philosophers, and such as do continually enjoin
themselves.
Experiment solitary touching appetite of union in
bodies.
293. It is certain that in all bodies there is an
appetite of union and evitation of solution of conti-
nuity ; and of this appetite there be many degrees ;
but the most remarkable and fit to be distinguished
are three. The first in liquors; the second in
hard bodies ; and the third in bodies cleaving or
tenacious. In liquors this appetite is weak : we
see in liquors the threading of them in stillicides,
as hath been said ; the falling of them in round
drops, which is the form of union, and the staying
of them for a little time in bubbles and froth. In
the second degree or kind, this appetite is strong;
as in iron, in stone, in wood, &c. In the third,
this appetite is in a medium between the other
two : for such bodies do partly follow the touch of
another body, and partly stick and continue to
themselves; and therefore they rope and draw
themselves in threads, as we see in pitch, glue,
birdlime, &c. But note, that all solid bodies are
cleaving more or less : and that they love better
the touch of somewhat that is tangible, than of air.
For water in small quantity cleaveth to any thing
that is solid ; and so would metal too, if the
weight drew it not off. And therefore gold fo-
liate, or any metal foliate cleaveth ; but those
bodies which are noted to be clammy and cleaving,
are such as have a more indifferent appetite at
once to follow another body, and to hold to them-
selves. And therefore they are commonly bodies
ill mixed ; and which take more pleasure in a fo-
reign body than in preserving their own consist-
ence, and which have little predominance in
drought or moisture.
Experiment solitary touching the like operations of
heat and time.
294. Time and heat are fellows in many effects.
Heat drieth bodies that do easily expire ; as parch-
ment, leaves, roots, clay, &c. And so doth time or
age arefy : as in the same bodies, &c. Heat dis-
solveth and melteth bodies that keep in their spi-
rits : as in divers liquefactions : and so doth time
in some bodies of a softer consistence, as is mani-
fest in honey, which by age waxeth more liquid,
and the like in sugar; and so in old oil, which is
ever more clear and more hot in medicinable use.
Heat causeth the spirits to search some issue out
of the body ; as in the volatility of metals : and
so doth time ; as in the rust of metals. But gene-
rally heat doth that in small time which age doth
in long.
Experiment solitary touching the differing opera*
tion of fire and time.
295. Some things which pass the fire are soft-
est at first, and by time grow hard, as the crumb
of bread. Some are harder when they come from
the fire, and afterwards give again, and grow soft,
as the crust of bread, bisket, sweet-meats, salt, &c.
The cause is, for that in those things which wax
hard with time, the work of the fire is a kind of
melting; and in those that wax soft with time,
contrariwise, the work of the fire is a kind of bak-
ing : and whatsoever the fire baketh, time doth in
some degree dissolve.
Experiment solitary touching motions by imitation.
296. Motions pass from one man to another,
not so much by exciting imagination as by invita-
tion ; especially if there be an aptness or inclina-
tion before. Therefore gaping, or yawning, and
stretching do pass from man to man ; for that that
causeth gaping and stretching is, when the spirits
are a little heavy by any vapour, or the like. For
then they strive, as it were, to wring out and ex-
pel that which loadeth them. So men drowsy,
and desirous to sleep, or before the fit of an ague,
do use to yawn and stretch, and do likewise yield
a voice or sound, which is an interjection of ex-
pulsion : so that if another be apt and prepared to
46
NATURAL HISTORY.
Cent. IU
do the like, he followeth by the sight of another.
So the laughing of another maketh to laugh.
Experiment solitary touching infectious diseases.
297. There be some known diseases that are
infectious ; and others that are not. Those that
are infectious are, first, such as are chiefly in the
spirits, and not so much in the humours, and
therefore pass easily from body to body ; such
are pestilences, lippitudes, and such like. Se-
condly, such as taint the breath, which we see
passeth manifestly from man to man, and not
invisibly, as the effects of the spirits do; such
are consumptions of the lungs, &c. Thirdly,
such as come forth to the skin, and therefore taint
the air of the body adjacent, especially if they
consist in an unctuous substance not apt to dissi-
pate, such as scabs and leprosy. Fourthly, such
as are merely in the humours, and not in the
spirits, breath, or exhalations ; and therefore they
never infect but by touch only ; and such a touch
also as cometh within the " epidermis ;" as the
venom of the French pox, and the biting of a
mad dog.
Experiment solitary touching the incorporation of
powders and liquors.
298. Most powders grow more close and co-
herent by mixture of water, than by mixture of
oil, though oil be the thicker body : as meal, &c.
The reason is, the congruity of bodies ; which if
it be more, maketh a perfecter imbibition and in-
corporation ; which in most powders is more be-
tween them and water, than between them and
oil : but painters' colours ground, and ashes, do
better incorporate with oil.
Experiment solitary touching exercise of the body.
299. Much motion and exercise is good for
some bodies; and sitting and less motion for
others. If the body be hot and void of super-
fluous moistures, too much motion hurteth : and
it is an error in physicians to call too much upon
exercise. Likewise men ought to beware, that
they use not exercise and a spare diet both : but
if much exercise, then a plentiful diet; and if
sparing diet, then little exercise. The benefits
that come of exercise are, first, that it sendeth
nourishment into the parts more forcibly. Se-
condly, that it helpeth to excern by sweat, and so
maketh the parts assimilate the more perfectly.
Thirdly, that it maketh the substance of the body
more solid and compact, and so less apt to be
consumed and depredated by the spirits. The
evils that come of exercise are, first, thai it maketa
the spirits more hot and predatory, Secondly,
that it doth absorb likewise, and attenuate too
much the moisture of the body. Thirdly, that it
maketh too great concussion, especially if it be
violent, of the inward parts, which delight more
in rest. But generally exercise, if it be much,
18 no friend to prolongation of life, which is one
cause why women live longer than men, because
they stir less.
Experiment solitary touching meats that indues
satiety.
300. Some food we may use long, and much,
without glutting, as bread, flesh that is not fat or
rank, &c. Some other, though pleasant, glutteth
sooner, as sweet-meats, fat-meats, &c. The cause
is, for that appetite consisteth in the emptiness of the
mouth of the stomach, or possessing it with some-
what that is astringent, and therefore cold and
dry. But things that are sweet and fat are more
filling, and do swim and hang more about the
mouth of the stomach, and go not down so speedi-
ly : and again turn soon to choler, which is hot,
and ever abateth the appetite. We see also that
another cause of satiety is an over-custom, and
of appetite is novelty, and therefore meats, if the
same be continually taken, induce loathing. To
give the reason of the distaste of satiety, and of
the pleasure in novelty, and to distinguish not
only in meats and drinks, but also in motions,
loves, company, delights, studies, what they be
that custom maketh more grateful, and what more
tedious, were a large field. But for meats, the
cause is attraction, which is quicker, and more
excited towards that which is new than towards
that whereof there rcmaineth a relish by former
use. And, generally, it is a rule, that whatsoever
is somewhat ingrate at first is made grateful by
custom ; but whatsoever is too pleasing at first,
groweth quickly to satiate.
Cent. IT-
NATURAL HISTORY.
47
CENTURY IV.
Experiment* in consort touching the clarification
of Hquort, and the accelerating thereof.
Acceleration of time, in works of nature, may
well be esteemed " inter magnalia nature." And
©Ten in divine miracles, accelerating of the time
is next to the creating of the matter. We will
now therefore proceed to the inquiry of it: and
for acceleration of germination, we will refer it
oyer onto the place where we shall handle the
subject of plants generally, and will now begin
with other accelerations.
301 . Liquors are, many of them, at the first,
thick and troubled; as muste, wort, juices of
fruits, or herbs expressed, &c. and by time they
settle and clarify. But to make them clear before
the time is a great work, for it is a spur to nature,
and potteth her out of her pace : and, besides, it
is of good use for making drinks and sauces po-
table and serviceable speedily. But to know the
means of accelerating clarification, we must first
know the causes of clarification. The first cause
is, by the separation of the grosser parts of the
liquor from the finer. The second, by the equal
distribution of the spirits of the liquor with the
tangible parts: for that ever representeth bodies
clear and untroubled. The third, by the refining
the spirit itself, which thereby giveth to the liquor
more splendour and more lustre.
303. First, for separation, it is wrought by
weight, as in the ordinary residence or settlement
of liquors ; by heat, by motion, by precipitation,
or sublimation, that is, a calling of the several
parts either up or down, which is a kind of at-
traction; by adhesion, as when a body more
viscous is mingled and agitated with the liquor,
which viscous body, afterwards severed, draweth
with it the grosser parts of the liquor ; and lastly,
by percolation or passage.
303. Secondly, for the even distribution of the
spirits, it is wrought by gentle heat; and by
agitation or motion, for of time we speak not,
because it is that we would anticipate and re-
present; and it is wrought also by mixture of
some other body which hath a virtue to open the
liquor, and to make the spirits the better pass
through.
304. Thirdly, for the refining of the spirit, it
is wrought likewise by heat, by motion, and by
mixture of some body which hath virtue to attenu-
ate. So therefore, having shown the causes for
the accelerating of clarification in general, and the
inducing of it, take these instances and trials.
305. It is in common practice to draw wine or
beer from the lees, which we call racking, whereby
it will clarify much the sooner ; for the lees, though
they keep the drink in heart, and make it lasting,
yet withal they cast up some spissitude : and this
instance is to be referred to separation.
306. On the other side it were good to try,
what the adding to the liquor more lees than his
own will work ; for though the lees do make the
liquor turbid, yet they refine the spirits. Take
therefore a vessel of new beer, and take another
vessel of new beer, and rack the one vessel from the
lees, and pour the lees of the racked vessel into
the unracked vessel, and see the effect : this in-
stance is referred to the refining of the spirits.
307. Take new beer, and put in some quantity
of stale beer into it, and see whether it will not
accelerate the clarification, by opening the body
of the beer, and cutting the grosser parts, whereby
they may fall down into lees. And this instance
again is referred to separation.
308. The longer malt or herbs, or the like, are
infused in liquor, the more thick and troubled the
hquor is ; but the longer they be decocted in the
liquor, the clearer it is. The reason is plain,
because in infusion, the longer it is, the greater
is the part of the gross body that goeth into the
liquor: but in decoction, though more goeth
forth, yet it either purgeth at the top, or settleth
at the bottom. And therefore the most exact way
to clarify is, first, to infuse, and then to take off
the liquor and decoct it ; as they do in beer, which
hath malt first infused in the liquor, and is after-
wards boiled with the hop. This also is referred
to separation.
309. Take hot embers, and put them about a
bottle filled with new beer, almost to the very
neck ; let the bottle be well stopped, lest it fly
out ; and continue it, renewing the embers every
day, by the space of ten days, and then compare
it with another bottle of the same beer set by.
Take also lime both quenched and unquenched,
and set the bottles in them " ut supra/' This
instance is referred both to the even distribution,
and also to the refining of the spirits by heat.
310. Take bottles, and swing them, or carry
them in a wheel-barrow upon rough ground twice
in a day, but then you may not fill the bottles full,
but leave some air ; for if the liquor come close to
the stopple, it cannot play nor flower : and when
you have shaken them well either way, pour the
drink into another bottle stopped close after the
usual manner, for if it stay with much air in it,
the drink will pall ; neither will it settle so per-
fectly in all the parts. Let it stand some twenty-
four hours, then take it, and put it again into a
bottle with air, «« ut supra :" and thence into a bot-
tle stopped, " ut supra :" and so repeat the same
operation for seven days. Note, that in the empty-
ing of one bottle into another, you must do it
swiftly lest the drink pall . It were good also to try
it in a bottle with a little air below the neck, without
emptying. This instance is referred to the even
distribution and refining of the spirits by motion.
48
NATURAL HISTORY.
Cwrr. IV.
311. As for percolation inward and outward, {
which belongeth to separation, trial would be made
of clarifying by adhesion, with milk put into new
beer, and stirred with it: for it may be that the
grosser part of the beer will cleave to the milk :
the doubt is, whether the milk will sever well
again ; which is soon tried. And it is usual in
clarifying hippocras to put in milk ; which after
severeth and carrieth with it the grosser parts of
the hippocras, as hath been said elsewhere. Also
for the better clarification by percolation, when
they tun new beer, they use to let it pass through
a strainer, and it is like the finer the strainer is
the clearer it will be.
Experiment* in contort touching maturation, and
the accelerating thereof. Jnd first, touching the
maturation and quickening of drink*. And next,
touching the maturation of fruit*.
The accelerating of maturation we will now in-
quire of. And of maturation itself. It is of three
natures. The maturation of fruits, the maturation
of drinks, and the maturation of imposthumes and
ulcers. This last we refer to another place, where
We shall handle experiments medicinal. There
be also other maturations, as of metals, &c. where-
of we will speak as occasion serveth. But we
will begin with that of drinks, because it hath
such affinity with the clarification of liquors.
312. For the maturation of drinks, it is wrought
by the congregation of the spirits together, where-
by they digest more perfectly the grosser parts :
and it is effected partly by the same means that
clarification is, whereof we spake before; but then
note, that an extreme clarification doth spread the
spirits so smooth, as they become dull, and the
drink dead, which ought to have a little flowering.
And therefore all your clear amber drink is flat
313. We see the d egrees of maturation of d rinks
in muste, in wine, as it is drunk, and in vinegar.
Whereof muste hath not the spirits well congre-
gated ; wine hath them well united, so as they make
the parts somewhat more oily ; vinegar hath them
congregated, but more jejune, and in a smaller
quantity, the greatest and finest spirit and part
being exhaled : for we see vinegar is made by set-
ting the vessel of wine against the hot sun ; and
therefore vinegar will not burn ; for that much of
the finer parts is exhaled.
314. The refreshing and quickening of drink
palled or dead, is by enforcing the motion of the
spirit : so we see that open weather relaxeth the
spirit, and maketh it more lively in motion. We
see also bottling of beer or ale, while it is new
and full of spirit, so that it spirteth when the stop-
ple is taken forth, maketh the drink more quick
and windy. A pan of coals in the cellar doth
likewise good, and maketh the drink work again.
New drink put to drink that is dead provoketh it
to work again: nay, which is more, as some
affirm, a brewing of new beer set by old beer
maketh it work again. It were good also to en-
force the spirits by some mixtures that may excite
and quicken them ; as by putting into the bottles,
nitre, chalk, lime, &c. We see cream is matured
and made to rise more speedily by putting in cold
water; which, as it seemeth, getteth down the
whey.
315. It is tried, that the burying of bottles of
drink well stopped, either in dry earth a good
depth; or in the bottom of a well within water;
and best of all, the hanging of them in a deep well
somewhat above the water for some fortnight's
space, is an excellent means of making drink fresh
and quick ; for the cold doth not cause any exhal-
ing of the spirits at all, as heat doth, though itrari-
fieth the rest that remain ; but cold maketh die
spirits vigorous, and irritateth them, whereby they
incorporate the parts of the liquor perfectly.
316. As for the maturation of fruits, it is wrought
by the calling forth of the spirits of the body out-
ward, and so spreading them more smoothly: and
likewise by digesting in some degree the grosser
parts ; and this is effected by heat, motion, attrac-
tion, and by a rudiment of putrefaction ; for the
inception of putrefaction hath in it a maturation.
317. There were taken apples, and laid in straw,
in hay, in flour, in chalk, in lime ; covered over
with onions, covered over with crabs, closed up
in wax, shut in a box, &c. There was also an
apple hanged up in smoke, of all which the expe-
riment sorted in this manner.
318. After a month's space, the apple enclosed
in wax was as green and fresh as at the first put-
ting in, and the kernels continued white. The
cause is, for that all exclusion of open air, which
is ever predatory, maintaineth the body in its first
freshness and moisture; but the inconvenience
is, that it tasteth a little of the wax : which I sup-
pose, in a pomegranate, or some such thick-coated
fruit, it would not do.
319. The apple hanged in the smoke turned
like an old mellow apple, wrinkled, dry, soft,
sweet, yellow within. The cause is, for that such
a degree of heat, which doth neither melt nor
scorch, (for we see that in a greater heat, a roast
apple softeneth and melteth ; and pigs' feet, made
of quarters of wardens, scorch and have a skin of
cole,) doth mellow, and not adure: the smoke
also maketh the apple, as it were, sprinkled with
soot, which helpeth to mature. We see that in
drying of pears and prunes in the oven, and re-
moving of them often as they begin to sweat, there
is a like operation; but that is with a far more in-
tense degree of heat.
320. The apples covered in the lime and ashes
were well matured, as appeared both in their yel-
lowness and sweetness. The cause is, for that
that degree of heat which is in lime and ashes, be-
ing a smothering heat, is of all the rest most pro-
per, for it doth neither liquefy nor arefy, and that
is true maturation. Note, that the taste of those
k
Curr. IV.
NATURAL HISTORY.
40
apples was good, and therefore it is the experi-
ment fittest for use.
321. The apples covered with crabs and onions
were likewise well matured. The cause is, not
any heat; but for that the crabs and the onions
draw forth the spirits of the apple, and spread
them equally throughout the body, which taketh
away hardness. So we see one apple ripeneth
against another. And therefore in making of ci-
der they turn the apples first upon a heap. So
one cluster of grapes that toucheth another whilst
it groweth, ripeneth faster ; " botrus contra botrum
citius maturescit."
32*2. The apples in hay and the straw ripened
apparently, though not so much as the other; but
the apple in the straw more. The cause is, for that
the hay and straw have a very low degree of heat,
hot yet close and smothering, and which drieth not.
323. The apple in the close box was ripened
also : the cause is, for that all air kept close hath
a degree of warmth; as we see in wool, fur,
plush, &c Note, that all of these were compared
with another apple of the same kind that lay of
itself; and in comparison of that were more sweet
and more yellow, and so appeared to be more ripe.
324. Take an apple or pear, or other like fruit,
and roll it upon a table hard : we see in common
experience, that the rolling doth soften and sweeten
the fruit presently; which is nothing but the
smooth distribution of the spirits into the parts ;
for the unequal distribution of the spirits maketh
the harshness : but this hard rolling is between
concoction and a simple maturation ; therefore, if
you should roll them but gently, perhaps twice a
day, and continue it some seven days, it is like
they would mature more finely, and like unto the
natural maturation.
325. Take an apple, and cut out a piece of the
top, and cover it, to see whether that solution of
continuity will not hasten a maturation : we see
that where a wasp, or a fly, or a worm hath bitten,
in a grape, or any fruit, it will sweeten hastily.
326. Take an apple, &c., and prick it with a
pin full of holes, not deep, and smear it a little
with sack, or cinnamon water, or spirit of wine,
every day for ten days, to see if the virtual heat
of the wine ot strong waters will not mature it.
In these trials also, as was used in the first, set
another of the same fruits by to compare them,
and try them by their yellowness and by their
sweetness.
Experiment solitary touching the making of gold.
The world hath been much abused by the
opinion of making of gold: the work itself I
judge to be possible; but the means hitherto
propounded to effect it are, in the practice, full of
error and imposture, and in the theory, full of
unsound imaginations. For to say, that nature
hath an intention to make all metals gold ; and
that, if she were delivered from impediments,
Vol. II.— 7
she would perform her own work ; and that, if
the crudities, impurities, and leprosities of metals
were cured, they would become gold ; and that a
little quantity of the medicine, in the work of
projection, will turn a sea of the baser metal into
gold by multiplying : all these are but dreams ;
and so are many other grounds of alchymy. And
to help the matter, the alchymists call in likewise
many vanities out of astrology, natural magic,
superstitious interpretations of Scriptures, auri-
cular traditions, feigned testimonies of ancient
authors, and the like. It is true, on the other
side, they have brought to light not a few profit-
able experiments, and thereby made the world
some amends. But we, when we shall come to
handle the version and transmutation of bodies,
and the experiments concerning metals and
minerals, will lay open the true ways and pas-
sages of nature, which may lead to this great
effect. And we commend the wit of the Chinese,
who despair of making of gold, but are mad upon
the making of silver : for certain it is, that it is
more difficult to make gold, which is the most
ponderous and materiate amongst metals, of other
metals less ponderous and less materiate, than
" via versa," to make silver of lead or quicksilver,
both which are more ponderous than silver : so
that they need rather a further degree of fixation
than any condensation. In the mean time, by
occasion of handling the axioms touching matu-
ration, we will direct a trial touching the maturing
of metals, and thereby turning some of them into
gold : for we conceive indeed, that a perfect good
concoction, or digestion, or maturation of some
metals, will produce gold. And hereby, we call
to mind, that we knew a Dutchman, that had
wrought himself into the belief of a great person,
by undertaking that he could make gold : whose
discourse was, that gold might be made ; but that
the alchymists over-fired the work : for, he said,
the making of gold did require a very temperate
heat, as being in nature a subterrany work, where
little heat cometh ; but yet more to the making of
gold than of any other metal ; and therefore that
he would do it with a great lamp that should carry
a temperate and equal heat ; and that it was the
work of many months. The device of the lamp
was folly ; but the over-firing now used, and the
equal heat to be required, and the making it a
work of some good time, are no ill discourses.
We resort therefore to our axioms of maturation,
in effect touched before. The first is, that there be
used a temperate heat; for they are ever temperate
heats that digest and mature : wherein we mean
temperate according to the nature of the subject;
for that may be temperate to fruits and liquors,
which will not work at all upon metals. The
second is, that the spirits of the metal be quick-
ened, and the tangible parts opened : for without
those two operations, the spirit of the metal
wrought upon will not be able to digest the parts.
E
NATURAL HI8T0RY.
Ceitt.IV.
The third is, that the spirits do spiead themselves
even, and more not subsultorily, for that will make
the parts close and pliant And this reqoireth a
heat that doth not rise and fall, but continue as
equal as may be. The fourth is, that no part of
the spirit be omitted but detained : for if there be
emission of spirit, the body of the metal will be
hard and churlish. And this will be performed,
partly by the temper of the fire, and partly by the
closeness of the vessel. The fifth is, that there
be choice made of the likeliest and best prepared
metal for the version, for that will facilitate the
work. The sixth is, that you give time enough
for the work ; not to prolong hopes, as the alchy-
mists do, but indeed to give nature a convenient
space to work in. These principles are most
certain and true ; we will now derive a direction
of trial out of them, which may, perhaps, by
further meditation, be improved.
327. Let there be a small furnace made of a
temperate heat; let the heat be such as may keep
the metal perpetually molten, and no more; for
that above all importeth to the work* For the
material, take silver, which is the metal that in
nature symbolizeth most with gold ; put in also
with the silver, a tenth part of quicksilver, and a
twelfth part of nitre, by weight; both these to
quicken and open the body of the metal ; and so
let the work be continued by the space of six
months at the least I wish also, that there be
at some times an injection of some oiled substance,
such as they use hi the recovering of gold, which
by vexing with separations hath been made churl-
ish ; and this is to lay the parts more close and
smooth, which is the main work* For gold, as
we see, is the closest, and therefore the heaviest
of metals; and is likewise the most flexible and
tensiblo. Note, that to think to make gold of
quicksilver, because it is the heaviest, is a thing
not to be hoped ; for quicksilver will not endure
the manage of the fire. Next to silver, I think
copper were fittest to be the material.
Experiment solitary touching the nature of gold.
328. Gold hath these natures; greatness of
weight, closeness of parts, fixation, pliantness or
softness, immunity from rust, colour or tincture
of yellow. Therefore the sure way, though most
about, to make gold, is to know the causes of the
several natures before rehearsed, and the axioms
concerning the same. For if a man can make a
metal that hath all these properties, let men dis-
pute whether it be gold or no.
Experiment* in consort touching the inducing and
accelerating of putrefaction.
The inducing and accelerating of putrefaction
is a subject of very universal inquiry : for corrup-
tion is a reciprocal to generation : and they two
are as nature's two terms or boundaries ; and the
guides to life and death. Putrefaction is the work
of the spirits of bodies, which ever are unquiet to
get forth and congregate with the air, and to enjoy
the sunbeams. The getting forth , or spreading of
the spirits, which is a degree of getting forth, hath
five differing operations. If the spirits be de-
tained within the body, and move more violently,
there followeth colliquation, as in metals, &c« If
more mildly, there followeth digestion or matura-
tion, as in drinks and fruits. If the spirits be not
merely detained, but protrude a little, and that
motion be confused and inordinate, there followeth
putrefaction ; which ever dissolveth the consist-
ence of the body into much inequality, as in flesh,
rotten fruits, shining wood, &c., and also in the
rust of metals. But if that motion be in a certain
order, there followeth vivification and figuration;
as both in living creatures bred of putrefaction,
and in living creatures perfect But if the spirits
issue out of the body, there followeth desiccation,
induration, consumption, &c., as in brick, evapo-
ration of bodies liquid, &c.
329. The means to induce and accelerate putre-
faction, are, first, by adding some crude or watery
moisture ; as in wetting of any flesh, fruit, wood,
with water, &c., for contrariwise unctuous and
oily substances preserve*
330. The second is by invitation or excitation:
as when a rotten apple lieth close to another apple
that is sound ; or when dung, which is a substance
already putrefied, is added to other bodies. And
this is also notably seen in churchyards, where
they bury much, where the earth will consume
the corpse in far shorter time than other earth will.
331. The third is by closeness and stopping,
which detaineth the spirits in prison more than
they would ; and thereby irritateth them to seek
issue ; as in com and clothes, which wax musty;
and therefore open air, which they call *«aer per-
flabilis," doth preserve : and this doth appear more
evidently in agues, which come, most of them,
of obstructions, and penning the humours which
thereupon putrefy.
332. The fourth is by solution of continuity;
as we see an apple will rot sooner if it be cut or
pierced ; and so will wood, &c. And so the flesh
of creatures alive, where they have received any
wound.
333. The fifth is either by the exhaling or by
the driving back of the principal spirits which
preserve the consistence of the body; so that
when their government is dissolved, every part
returneth to his nature or homcgeny. And this
appeareth in urine and blood when they cool, and
thereby break : it appeareth also in the gangrene,
or mortification of flesh, either by opiates or by
intense colds. I conceive also the same effect is
in pestilences: for that the malignity of the in-
fecting vapour danceth the principal spirits, and
maketh them fly and leave their regiment ; and
then the humours, flesh, and secondary spirits, do
dissolve and break, as in an anarchy.
Cent. IV.
NATURAL HISTORY.
51
334. The sixth is, when aforeign spirit, stronger
and more eager than the spirit of the body, enter-
eth the body, as in the stinging of serpents.
And this is the cause generally, that upon, all
poisons followeth swelling : and we see swelling
followeth also when the spirits of the body itself
congregate too much, as upon blows and bruises ;
or when they are pent in too much, as in swelling
upon cold. And we see also, that the spirits
coming of putrefaction of humours in agues, &c.,
which may be counted as foreign spirits, though
they be bred within the body, do extinguish and
suffocate the natural spirits and heat.
335. The seventh is* by such a weak degree of
heat as setteth the spirits in a little motion, but
is not able either to digest the parts, or to issue
the spirits ; as is seen in flesh kept in a room
that is mot cool ; whereas in a cool and wet larder
it will keep longer. And we see that vhrification,
whereof putrefaction is the bastard brother, is
affected by such soft heats ; as the hatching of
*gg*f the heat of the womb, &c
336. The eighth is by the releasing of the
spirits, which before were close kept by the solid-
Bess of their coverture, and thereby their appetite
of issuing checked; as in the artificial rusts
induced by strong waters in iron, lead, &c, and
therefore wetting hasteneth rust or putrefaction
of any thing, because it softeneth the crust for
the spirits to come forth.
337. The ninth is by the interchange of heat
and cold, or wet and dry ; as we see in the mould-
ing of earth in frosts and sun; and in the more
hasty rotting of wood that is sometimes wet,
sometimes dry.
338. The tenth is by time, and the work and
procedure of the spirits themselves, which cannot
keep their station ; especially if they (>e left to
themselves, and there be no agitation or local
motion. As we see in corn not stirred, and men's
bodies not exercised.
339. All moulds are inceptions of putrefaction ;
as the moulds of pies and flesh; the moulds of
oranges and lemons, which moulds afterwards
turn into worms, or more odious putrefactions;
and therefore commonly prove to be of ill odour.
And if the body be liquid, and not apt to putrefy
totally, it will cast up a mother in the top, as the
mothers of distilled waters.
340. Moss is a kind of mould of the earth and
trees. But it may be better sorted as a rudiment
of germination, to which we refer it.
Experiment* in contort touching prohibiting and
preventing putrefaction.
It is an inquiry of excellent use to inquire of
the means of preventing or staying putrefaction ;
for therein consisteth the means of conservation
of bodies : for bodies have two kinds of dissolu-
tions; the one by consumption and desiccation,
the other by putrefaction. But as for the putre-
factions of the bodies of men and living creatures,
as in agues, worms, consumptions of the lungs,
imposthumes, and ulcers both inwards and out-
wards, they are a great part of physic and surgery ;
and therefore we will reserve the inquiry of them
to the proper place, where we shall handle medi-
cinal experiments of all sorts. Of the rest we
will now enter into an inquiry: wherein much
light may be taken from that which hath been
said of the means to induce or accelerate putre-
faction : for that which caused putrefaction doth
prevent and avoid putrefaction.
341. The first means of prohibiting or checking
putrefaction is cold : for so we see that meat and
drink will last longer unputrefied, or unsoured, in
winter than in summer : and we see that flowers
and fruits, put in conservatories of snow, keep
fresh. And this worketh by the detention of the
spirits, and constipation of the tangible parts.
342. The second is astriction: for astriction
prohibiteth dissolution ; as we see generally in
medicines, whereof such as are astringents do
inhibit putrefaction : and by the same reason of
astringency, some small quantity of oil of vitriol
will keep fresh water long from putrefying. And
this astriction is in a substance that hath a virtual
cold ; and it worketh partly by the same means
that cold doth.
343. The third is the excluding of the air; and
again, the exposing to the air : for these contraries,
as it cometh often to pass, work the same effect,
according to the nature of the subject matter.
So we see, that beer or wine, in bottles close
stopped, last long : that the gamers under ground
keep corn longer than those above ground ; and
that fruit closed in wax keepeth fresh ; and like-
wise bodies put in honey and flour keep more
fresh: and liquors, drinks, and juices, with a
little oil cast on the top, keep fresh. C ontrariwise,
we see that cloth and apparel not aired do breed
moths and mould ; and the diversity is, that in
bodies that need detention of spirits, the exclusion
of the air doth good ; as in drinks and corn : but
in bodies that need emission of spirits to discharge
some of the superfluous moisture, it doth hurt,
for they require airing.
344. The fourth is motion and stirring; for
putrefaction asketh rest : for the subtile motion
which putrefaction requireth, is disturbed by any
agitation : and all local motion keepeth bodies
integral, and their parts together ; as we see that
turning over of corn in a garner, or letting it run
like an hour-glass, from an upper-room into a
lower, doth keep it sweet : and running waters pu-
trefy not; and in men's bodies, exercise hindereth
putrefaction; and contrariwise, rest and want of
motion, or stoppings, whereby the run of humours,
or the motion of perspiration, is stayed further
putrefaction ; as we partly touched a little before.
345. The fifth is the breathing forth of the ad-
ventitious moisture in bodies; for as wetting
NATURAL HISTORY.
Cekt. IV.
doth hasten putrefaction, so convenient drying,
whereby the more radical moisture is only kept
in, putteth back putrefaction; so we see that
herbs and flowers, if they be dried in the shade,
or dried in the hot sun for a small time, keep best
For the emission of the loose and adventitious
moisture doth betray the radical moisture, and
carrieth it out for company.
346. The sixth is the strengthening of the
spirits of bodies : for as a great heat keepeth
bodies from putrefaction, but a tepid heat inclineth
them to putrefaction ; so a strong spirit likewise
preserveth, and a weak or faint spirit disposeth to
corruption. So we find that salt water corrupteth
not so soon as fresh : and salting of oysters, and
powdering of meat, keepeth them from putrefac-
tion. It would be tried also whether chalk put
into water, or drink, doth not preserve it from
putrefying or speedy souring. So we see that
strong beer will last longer than small ; and all
things that arc hot and aromatical do help to
preserve liquors, or powders, &c., which they do
as well by strengthening the spirits as by soak-
ing out the loose moisture.
347. The seventh is separation of the cruder
parts, and thereby making the body more equal ;
for all imperfect mixture is apt to putrefy ; and
watery substances are more apt to putrefy than
oily. So we see distilled waters will last longer
than raw waters; and things that have passed
the fire do last longer than those that have not
passed the fire, as dried pears, &c.
348. The eighth is the drawing forth continually
of that part where the putrefaction beginneth ;
which is, commonly, the loose and watery moist-
ure ; not only for the reason before given, that it
provoketh the radical moisture to come forth with
it ; but because being detained in the body, the
putrefaction taking hold of it, infecteth the rest :
as we see in the embalming of dead bodies ; and
the same reason is of preserving herbs, or fruits,
or flowers, in bran or meal.
349. The ninth is the commixture of any thing
that is more oily or sweet: for such bodies are
least apt to putrefy, the air worketh little upon
them, and they not putrefying, preserve the rest.
And therefore we see syrups and ointments will
last longer than juices.
350. The tenth is the commixture of somewhat
that is dry; for putrefaction beginneth first from
the spirits and then from the moisture ; and that
that is dry is unapt to putrefy: and therefore
smoke preserveth flesh ; as we see in bacon and
neats' tongues, and Martlemas beef, &c.
351. The opinion of some of the ancients, that
blown airs do preserve bodies longer than other
airs, seemeth to me probable ; for that the blown
airs, being overcharged and compressed, will
hardly receive the exhaling of any thing, but
rather repulse it. It was tried in a blown bladder,
Miereinto flesh was put, and likewise a flower,
and it sorted not: for dry bladders will not blow:
and new bladders rather further putrefaction : the
way were therefore to blow strongly with a pair
of bellows into a hogshead, putting into the
hogshead, before, that which you would have
preserved; and in the instant -that you withdraw
the bellows, stop the hole close.
Experiment solitary touching wood shining in the
dark.
352. The experiment of wood that shineth in
the dark, we have diligently driven and pursued:
the rather, for that of all things that give light
here below, it is the most durable, and hath least
apparent motion. Fire and flame are in continual
expense ; sugar shineth only while it is in scrap-
ing ; and saltwater while it is in dashing ; glow-
worms have their shining while they live, or a
little after ; only scales of fishes putrefied seem to
be of the same nature with shining wood : and it
is true, that all putrefaction hath with it an inward
motion, as well as fire or light. The trial sorted
thus: 1. The shining is in some pieces more
bright, in some more dim ; but the most bright
of all doth not attain to the light of a glow-worm.
2. The woods that have been tried to shine, are
chiefly sallow and w illow ; also the ash and hazle ;
it may be it holdeth in others. 3. Both root and
bodies do shine, but the roots better. 4. The
colour of the shining part, by day-light, is in some
pieces white, in some pieces inclining to red ;
which in the country they call the white and red
garret 5. The part that shineth is, for the most
part, somewhat soft, and moist to feel to, but some
was found to be firm and hard, so as it might be
figured into a cross, or into beads, &c. But you
must not look to have an image, or the like, in
any thing that is lightsome ; for even a face in
iron red-hot will not be seen, the light confound-
ing the small differences of lightsome and dark-
some, which show the figure. 6. There was the
shining part pared off, till you came to that that
did not shine ; but within two days the part con-
tiguous began also to shine, being laid abroad in
the dew : so as it seemeth the putrefaction spread-
eth. 7. There was other dead wood of like kind
that was laid abroad, which shined not at the first;
but after a night's lying abroad began to shine.
8. There was other wood that did first shine ;
and being laid dry in the house, within five or
six days lost the shining ; and laid abroad again,
recovered the shining. 9. Shining woods being
laid in a dry room, within a seven-night lose their
shining ; but being laid in a cellar, or dark room,
keeps the shining. 10. The boring of holes in
that kind of wood, and then laying it abroad,
seemeth to conduce to make it shine : the cause
is, for that all solution of continuity doth help on
putrefaction, as was touched before. 11. No
wood hath been yet tried to shine, that was cut
down alive, but such as was rotted both in stock
Cent. IV.
NATURAL HISTORY.
58
and root while it grew. 12. Part of tfie wood
that shined was steeped in oil, and retained the
shining a fortnight. 13. The like succeeded in
some steeped in water, and much hotter. 14.
How long the shining will continue, if the wood
be laid abroad every night, and taken in and
sprinkled with water in the day, is not yet tried.
15. Trial was made of laying it abroad in frosty
weather, which hurt it not. 16. There was a
great piece of a root which did shine, and the
shining part was cut off till no more shined ; yet
after two nights, though it were kept in a dry
room, it got a shining.
Experiment solitary touching the acceleration of
birth.
353. The bringing forth of living creatures may
be accelerated in two respects : the one, if the em-
bryo ripeneth and perfecteth sooner : the other, if
there be some cause from the mother's body, of
expulsion or putting it down : whereof the former
is good, and argueth strength; the latter is ill,
and cometh by accident or disease. And therefore
the ancient observation is true, that the child born
in the seventh month doth commonly well ; but
born in the eighth month, doth for the most part
die. But the cause assigned is fabulous; which
is, that in the eighth month should be the return
of the reign of the planet Saturn, which as they
say, is a planet malign ; whereas in the seventh
is the reign of the moon, which is a planet propi-
tious. But the true cause is, for that where there
is so great a prevention of the ordinary time, it
is the lustiness of the child ; but when it is less,
it is some indisposition of the mother.
Experiment solitary touching the acceleration of
growth and stature,
354. To accelerate growth or stature, it must
proceed either from the plenty of the nourishment,
or from the nature of the nourishment, or from the
quickening and exciting of the natural heat. For
the first excess of nourishment is hurtful ; for it
maketh the child corpulent; and growing in
breadth rather than in height. And you may take
an experiment from plants, which if they spread
much are seldom tall. As for the nature of the
nourishment; first, it may not be too dry, and
therefore children in dairy countries do wax more
tall, than where they feed more upon bread and
flesh. There is also a received tale, that boiling
of daisy roots in milk, which it is certain are great
driers, will make dogs little. But so much is
true, that an over-dry nourishment in childhood
putteth back stature. Secondly, the nourishment
must be of an opening nature, for that attenuateth
the juice, and furthereth the motion of the spirits
upwards. Neither is it without cause, that Xeno-
phon, in the nurture of the Persian children, doth so
much commend their feeding upon cardamon,
which, he saith, made them grow better, and be
of a more active habit. Cardamon is in Latin
'* nasturtium,'1 and with us water-cresses ; which,
it is certain, is an herb that, whilst it is young,
is friendly to life. As for the quickening of
natural heat, it must be done chiefly with exercise ;
and therefore no doubt much going to school,
where they sit so much, hindered) the growth of
children ; whereas country people that go not to
school are commonly of better stature. And
again men must beware how they give children
any thing that is cold in operation, for even long
sucking doth hinder both wit and stature. This
hath been tried, that a whelp that hath been fed
with nitre in milk hath become very little, but
extreme lively: for the spirit of nitre is cold.
And though it be an excellent medicine in strength
of years for prolongation of life ; yet it is in child-
ren and young creatures an enemy to growth :
and all for the same reason, for heat is requisite
to growth ; but after a man is come to his middle
age, heat consumeth the spirits, which the coldness
of the spirit of nitre doth help to condense and
correct.
Experiments in consort touching sulphur and mer-
cury, two of Paracelsus* ]s principles.
There be two great families of things, you may
term them by several names ; sulphurous and mer-
curial, which are the chymists' words, for as for
their " sal," which is their third principle, it is a
compound of the other two ; inflammable and not in-
flamable ; mature and crude, oily and watery. For
we see that in subterranies there are, as the fathers
of their tribes, brimstone and mercury ; in vegeta-
bles and living creatures there is water and oil :
in the inferior order of pneumaticals there is air
and flame, and in the superior there is the body
of the star and the pure sky. And these pairs,
though they be unlike in the primitive differences
of matter, yet they seem to have many consents :
for mercury and sulphur are principal materials
of metals ; water and oil are principal materials
of vegetables and animals, and seem to differ but
in maturation or concoction : flame, in vulgar
opinion, is but air incensed ; and they both have
quickness of motion, and facility of cession, much
alike : and the interstellar sky, though the opinion
be vain, that the star is the denser part of his orb,
hath notwithstanding so much affinily'with the
star, that there is a rotation of that, as well as of
the star. Therefore it is one of the greatest
"magnalia naturae," to turn water or watery
juice into oil or oily juice : greater in nature than
to turn silver or quicksilver into gold.
355. The instances we have wherein crude and
watery substance turneth into fat and oily, are of
four kinds. First in the mixture of earth and
water; which mingled by the help of the sun
gather a nitrous fatness, more than either of them
have severally ; as we see in that they put forth
plants, which need both juices.
i9
•4
NATURAL HISTORY.
ClRT. IV.
356. The second is in the assimilation of nou-
rishment, made in the bodies of plants and living
creatures, whereof plants turn the juice of mere
water and earth into a great deal of oily matter :
living creatures, though much of their fat and
flesh are out of oily aliments, as meat and bread,
yet they assimilate also in a measure their drink
of water, &c. But these two ways of version of
water into oil, namely, by mixture and by assimi-
lation, are by many passages and percolations,
and by long continuance of soft heats, and by cir-
cuits of time.
357. The third is the inception of putrefac-
tion ; as in water corrupted : and the mothers of
waters distilled ; both which have a kind of fatness
or oil.
353. The fourth is in the dulcoration of some
metals, as "saccharum Saturni, &c."
359. The intention of version of water into a
more oily substance is by digestion ; for oil is al-
most nothing else but water digested, and this di-
gestion is principally by heat, which heat must
be either outward or inward : again, it may be by
provocation or excitation, which is caused by the
mingling of bodies already oily or digested : for
they will somewhat communicate their nature
with the rest. Digestion also is strongly effected
by direct assimilation of bodies crude into bodies
digested, as in plants and living creatures, whose
nourishment is far more crude than their bodies :
but this digestion is by a great compass, as hath
been said. As for the more full handling of these
two principles, whereof this is but a taste, the
inquiry of which is one of the profoundest inqui-
ries of nature, we leave it to the title of version
of bodies, and likewise to the title of the first
congregations of matter; which, like a general
assembly of estate, doth give law to all bodies.
Experiment solitary touching chameleons.
360. A chameleon is a creature about the big-
ness of an ordinary lizard : his head unpropor-
tionably big: his eyes great: he moveth his head
without the writhing of his neck, which is in-
flexible, as a hog doth : his back crooked ; his
skin spotted with little tumours, less eminent
nearer the belly; his tail slender and long: on
each foot he hath five fingers, three on the outside,
and two on the inside ; his tongue of a marvel-
lous length in respect of his body, and hollow at
the end; which he will launch out to prey upon
flies. Of colour green, and of a dusky yellow,
brighter and whiter towards the belly ; yet spot-
ted with blue, white, and red. If he be laid upon
green, the green predominateth ; if upon yellow,
the yellow ; not so if he be laid upon blue, or red,
or white; only the green spots receive a more
orient lustre; laid upon black he looketh all black,
though not without a mixture of green. He feed-
eth not only upon air, though that be his principal
sustenance, for sometimes he taketh flies, as was
said, yet some that have kept chameleons a whols
year together could never perceive that ever they
fed upon anything else but air, and might observe
their bellies to swell after they had exhausted the
air, and closed their jaws ; which they open com-
monly against the rays of the sun. They have a
foolish tradition in magic, that if a chameleon be
burnt upon the top of a house, it will raise a
tempest ; supposing, according to their vain dreams
of sympathies, because he nourisheth with air, his
body should have great virtue to make impression
upon the air.
Experiment solitary touching subterrany fires*
361. It is reported by one of the ancients, that
in part of Media there are eruptions of flames out
of plains ; and that those flames are clear, and cast
not forth such smoke, and ashes, and pumice, as
mountain flames do. The reason, no doubt, is,
because the flame is not pent, as it is in moun-
tains and earthquakes which cast flame. There
be also some blind fires under stone, which flame
not out, but oil being poured upon them they
flame out. The cause whereof is, for that it seem-
eth the fire is so choked as not able to remove
the stone, it is heat rather than flame, which never-
theless is sufficient to inflame the oil.
Experiment solitary touching nitre.
362. It is reported that in some lakes the water
is so nitrous, as if foul clothes be put into it, it
scoureth them of itself; and if they stay any whit
long, they moulder away. And the scouring vir-
tue of nitre is the more to be noted, because it is
a body cold; and we see warm water scoureth
better than cold. But the cause is, for that it
hath a subtle spirit, which severeth and divideth
any thing that is foul and viscous, and sticketh
upon a body.
Experiment solitary touching congealing of air.
363. Take a bladder, the greatest you can get,
fill it full of wind, and tie it about the neck with
a silk thread waxed, and upon that put likewise
wax very close; so that when the neck of the
bladder dricth, no air may possibly get in nor out
Then bury it three or four foot under the earth in
a vault, or in a conservatory of snow, the snow
being made hollow about the bladder, and after
some fortnight's distance, see whether the bladder
be shrunk ; for if it be, then it is plain that the
coldness of the earth or snow hath condensed the
air, and brought it a degree nearer to water : which
is an experiment of great consequence.
Experiment solitary touching congealing of water
into crystal.
364. It is a report of some good credit, that in
deep caves there are pensile crystals, and degrees
of crystal that drop from above, and in some other,
though more rarely, that rise from below : which
Ckht. IV.
NATURAL HISTORY.
*5
though it be chiefly the work of cold, yet it may
be that water that passeth through the earth,
gathereth a nature more clammy, and fitter to con-
geal and become solid than water of itself. There-
fore trial would be made, to lay a heap of earth,
in great frosts, upon a hollow vessel, putting a
canvass between, that it falleth not in : and pour
water upon it, in such quantity as will be sure to
soak through, and see whether it will not make
a harder ice in the bottom of the vessel, and less
apt to dissolve than ordinarily. I suppose also
that if you make the earth narrower at the bottom
than at the top, in fashion of a sugar-loaf reversed,
it will help the experiment. For it will make the
ice, where it issue th, less in bulk, and evermore
smallness of quantity is a help to version.
Experiments solitary touching preserving of rose-
leaves both in colour and smelt.
365. Take damask roses, and pull them, then
dry them upon the top of a house, upon a lead or
terras, in the hot sun, in a clear day, between the
hours only of twelve and two, or thereabouts.
Then put them into a sweet dry earthen bottle, or
a glass, with narrow mouths, stuffing them close
together, but without bruising : stop the bottle or
glass close, and these roses will retain not only
their smell perfect, but their colour fresh, for a
year at least. Note, that nothing doth so much
destroy any plant, or other body, either by putre-
faction or arefaction, as the adventitious moisture
which hangeth loose in the body, if it be not drawn
out. For it betrayeth and tolleth forth the innate
and radical moisture along with it when itself
goeth forth. And therefore in living creatures,
moderate sweat doth preserve the juice of the body.
Note, that these roses, when you take them from
the drying, have little or no smell ; so that the
smell is a second smell, that issueth out of the
flower afterwards.
Experiments in consort touching the continuance of
flame.
366. The continuance of flame, according unto
the diversity of the body inflamed, and other cir-
cumstances, is worthy the inquiry; chiefly, for
that though flame be almost of a momentary last-
ing, yet it receiveth the more, and the less: we
will first therefore speak at large of bodies inflamed
wholly and immediately, without any wick to
help the inflammation. A spoonful of spirit of
wine, a little heated, was taken, and it burnt as
long as came to a hundred and sixteen pulses.
The same quantity of spirit of wine mixed with
the sixth part of a spoonful of nitre, burnt but to
the space of ninety-four pulses. Mixed with the
like quantity of bay-salt, eighty-three pulses.
Mixed with the like quantity of gunpowdor, which
dissolved into a black water, one hundred and ten
pulses. A cube or pallet of yellow wax was
taken, as much as half the spirit of wine, and set
in the midst, and it burnt only to the space of
eighty-seven pulses. Mixed with the sixth part
of a spoonful of milk, it burnt to the space of
one hundred pulses ; and the milk was curdled.
Mixed with the sixth part of a spoonful of water,
it burnt to the space of eighty-six pulses, with an
equal quantity of water, only to the space of four
pulses. A small pebble was laid in the midst,
and the spirit of wine burnt to the space of ninety*
four pulses. A piece of wood of the bigness of art
arrow, and about a finger's length, was set up in
the midst, and the spirit of wine burnt to the space
of ninety-four pulses. So that the spirit of wine
simple endured the longest ; and the spirit of wine
with the bay-salt, and the equal quantity of water,
were the shortest.
367. Consider well, whether the more speedy
going forth of the flame be caused by the greater
vigour of the flame in burning, or by the resistance
of the body mixed, and the aversion thereof to
take flame ; which will appear by the quantity of
the spirit of wine that remaineth after the going
out of the flame. And it seemeth clearly to be
the latter ; for that the mixture of things least
apt to burn is the speediest in going out. And
note, by the way, that spirit of wine burned till
it go out of itself will burn no more : and tasteth
nothing so hot in the mouth as it did : no, nor yet
sour, as if it were a degree towards vinegar, which
burnt wine doth ; but flat and dead.
368. Note, that in the experiment of wax afore-
said, the wax dissolved in the burning, and yet
did not incorporate itself with spirit of wine to
produce one flame ; but wheresoever the wax float-
ed, the flame forsook it, till at last it spread all
over, and put the flame quite out.
369. The experiments of the mixtures of the
spirit of wine inflamed are things of discovery,
and not of use : but now we will speak of the
continuance of flames, such are used for candles,
lamps, or tapers ; consisting of inflammable mat-
ters, and of a wick that provoketh inflammation.
And this importeth not only discovery, but also
use and profit ; for it is a great saving in all such
lights, if they can be made as fair and bright as
others, and yet last longer. Wax pure made
into a candle, and wax mixed severally into
candle-stuff, with the particulars that follow, viz.
water, aqua vita*, milk, bay-salt, oil, butter, nitre,
brimstone, saw-dust, every of these bearing a
sixth part to the wax ; and every of these can-
dles mixed, being of the same weight and wick
with the wax pure, proved thus in the burning and
lasting. The swiftest in consuming was that
with saw-dust ; which first burned fair till some
part of the candle was consumed, and the dust
gathered about the snaste ; but then it made the
snaste big and long, and to burn duskishly, and
the candle wasted in half the time of the wax
pure. The next in swiftness were the oil and
butter, which consumed by a fifth part swifter
NATURAL HISTORY.
Cmt. IV,
than the pure wax. Then followed in swiftness
the clear wax itself. Then the bay-salt, which
lasted about an eighth part longer than the clear
wax. Then followed the aqua viue, which lasted
about a fifth part longer than the clear wax.
Then followed the milk and water with little
difference from the aqua viue, but the water
slowest. And in these four last, the wick would
spit forth little sparks. For the nitre, it would
not hold lighted above some twelve pulses, but
all the while it would spit out portions of flame,
which afterwards would go out into a vapour.
For the brimstone, it would hold lighted much
about the same time with the nitre ; but then after
a little while it would harden and cake about the
snaste ; so that the mixture of bay-salt with wax
will win an eighth part of the time of lasting,
and the water a fifth.
370. After the several materials were tried,
trial was likewise made of several wicks ; as of
ordinary cotton, sewing thread, rush, silk, straw,
and wood. The silk, straw, and wood would
flame a little, till they came to the wax, and then
go out: of the other three, the thread consumed
faster than the cotton, by a sixth part of time ;
the cotton next ; then the rush consumed slower
than the cotton, by at least a third part of time.
For the bigness of the flame, the cotton and
thread cast a flame much alike; and the rush
much less and dimmer. Query, Whether wood
and wicks both, as in torches, consume faster
than the wicks simple.
371. We have spoken of the several materials,
and the several wicks : but to the lasting of the
flame it importeth also, not only what the mate-
rial is, but the same material whether it be hard,
soft, old, new, &c. Good housewives, to make
their candles burn longer, use to lay them one by
one in bran or flour, which make them harder,
and so they consume the slower : insomuch as
by this means they will outlast other candles of
the same stuff almost half in half. For bran and
flour have a virtue to harden ; so that both age,
and lying in the bran, doth help to the lasting.
And we see that wax candles last longer than tal-
low candles, because wax is more firm and hard.
372. The lasting of flame also depend eth upon
the easy drawing of the nourishment; as we see in
the Court of England there is a service which
they call Allnight; which is as it were a great
cake of wax, with the wick in the midst ; where-
by it cometh to pass, that the wick fetcheth the
nourishment farther off. We see also that lamps
last longer, because the vessel is far broader than
the breadth of a taper or candle.
373. Take a turreted lamp of tin, made in the
form of square ; the height of the turret being
thrice as much as the length of the lower part
whereupon the lamp standeth: make only one:
hole in it, at the end of the return farthest from
the turret. Reverse it, and fill it full of oil by ,
that hole; and then set it upright again; and
put a wick in at the hole, and lighten it; you
shall find that it will burn slow, and a long time:
which is caused, as was said last before, for
that the flame fetcheth the nourishment afar off.
You shall find also, that as the oil wasteth and
descendeth, so the top of the turret by little and
little filleth with air ; which is caused by the ra-
refaction of the oil by the heat. It were worthy
the observation to make a hole in the top of the
turret, and to try when the oil is almost consumed,
whether the air made of the oil, if you put to it a
fiame of a candle, in the letting of it forth, will
inflame. It were good also to have the lamp
made, not of tin, but glass, that you may see how
the vapour or air gathereth by degrees in the top.
374. A fourth point that importeth the lasting
of the flame, is the closeness of the air wherein
the flame burneth. We see that if wind bloweth
upon a candle it wasteth apace. We see also it
lasteth longer in a lantern than at large. And
there are traditions of lamps and candles, that
have burnt a very long time in caves and tombs.
375. A fifth point that importeth the lasting of
the flame, is the nature of the air where the flame
burneth ; whether it be cold or hot, moist or dry.
The air, if it be very cold, irritate th the flame,
and maketh it burn more fiercely, as fire scorcheth
in frosty weather, and so furthereth the consump-
tion. The air once heated, I conceive, maketh
the flame burn more mildly, and so helpeth the
continuance. The air, if it be dry, is indifferent:
the air, if it be moist, doth in a degree quench the
flame, as wo see lights will go out in the damps
of mines, and howsoever maketh it burn more
dully, and so helpeth the continuance.
Experiments in contort touching buriaU or infu-
sions of divers bodies in earth.
376. Burials in earth serve for preservation, and
for condensation, and for induration of bodies.
And if you intend condensation or induration, yon
may bury the bodies so as earth may touch them :
as if you will make artificial porcelane, &c. And
the like you may do for conservation, if the
bodies be hard and solid ; as clay, wood, &c. But
if you intend preservation of bodies more soft and
tender, then you must do one of these two : either
you must put them in cases, whereby they may
not touch the earth, or else you must vault the
earth, whereby it may hang over them and not
touch them : for if the earth touch them, it will
do more hurt by the moisture, causing them to
putrefy, than good by the virtual cold, to conserve
them, except the earth he very dry and sandy.
377. An orange, lemon, and apple, wrapt in a
linen cloth, being buried for a fortnight's space
four foot deep within the earth, though it were in
a moist place, and a rainy time, yet came forth
noways mouldy or rotten, but were become a
little harder than they were ; otherwise fresh in
Cent. IV.
NATURAL HISTORY.
57
their colour; bat their juice somewhat flatted.
But with the burial of a fortnight more they be-
came putrefied.
378. A bottle of beer, buried in like manner as
before, became more lively, better tasted, and
clearer than it was. And a bottle of wine in
like manner. A bottle of vinegar so buried came
forth more lively and more odoriferous, smelling
almost like a violet. And after the whole month's
burial, all the three came forth as fresh and
lively, if not better than before.
379. It were a profitable experiment to preserve
oranges, lemons, and pomegranates, till summer,
for then their price will be mightily increased.
This may be done, if you put them in a pot or ves-
sel well covered, that the moisture of the earth
come not at them ; or else by putting them in a
conservatory of snow. And generally, whosoever
will make experiments of cold, let him be provid-
ed of three tilings ; a conservatory of snow ; a
good large vault, twenty foot at least under the
ground ; and a deep well.
330. There hath been a tradition, that pearl,
and coral, and turquois-stone, that have lost their
colours, may be recovered by burying in the earth,
which is a thing of great profit, if it would sort :
but upon trial of six weeks' burial, there followed
no effect. It were good to try it in a deep well, or
in a conservatory of snow ; there the cold may
be more constringent; and so make the body
more united, and thereby more resplendent.
Experiment solitary touching the effects in men's
bodies from several winds,
381 . Men's bodies are heavier, and less disposed
to motion, when southern winds blow than when
northern. The cause is, for that when the southern
winds blow, the humours do in some degree melt
and wax fluid, and so flow into the parts; as it is
seen in wood and other bodies, which, when the
southern winds blow, do swell. Besides, the
motion and activity of the body consisteth chiefly
in the sinews, which, when the southern wind
bioweth are more relax.
Experiment solitary touching winter and summer
sicknesses.
382. It is commonly seen that more are sick
in the summer, and more die in the winter; except
it be in pestilent diseases, which commonly reign
in summer or autumn. The reason is, because
disseises are bred, indeed, chiefly by heat; but
then they are cured most by sweat and purge;
which in the summer cometh on or is provoked
more easily. As for pestilent diseases, the reason
why most die of them in summer is, because they
axe bred most in the summer : for otherwise those
that are touched are in most danger in the winter.
Experiment solitary touching pestilential seasons.
333. The general opinion is, that years hot and
moist are most pestilent; upon the superficial
Vol."
ground that heat and moisture cause putrefaction.
In England it is found not true ; for many times
there have been great plagues in dry years.
Whereof the cause may be, for that drought, in
the bodies of islanders habituate to moist airs,
doth exasperate the humours, and maketh them
more apt to putrefy or inflame: besides, it tainteth
the waters, commonly, and maketh them less
wholesome. And again, in Barbary, the plagues
break up in the summer months, when the weather
is hot and dry.
Experiment solitary touching an error received
about epidemical diseases.
384. Many diseases, both epidemical and
others, break forth at particular times. And the
cause is falsely imputed to the constitution of the
air at that time when they break forth or reign ;
whereas it proceed eth, indeed, from a precedent
sequence and series of the seasons of the year :
and therefore Hippocrates in his prognostics doth
make good observations of the diseases that ensue
upon the nature of the precedent four seasons of
the year.
Experiment solitary touching the alteration or
preservation of liquors in wells or deep vaults.
385. Trial hath been made with earthen bottles
well stopped, hanged in a well of twenty fathom
deep at the least, and some of the bottles have
been let down into the water, some others have
hanged above, within about a fathom of the
water ; and the liquors so tried have been beer,
not new, but ready for drinking, and wine, and
milk. The proof hath been, that both the beer
and the wine, as well within the water as above,
hath not been palled or deaded at all; but as
good or somewhat better than bottles of the same
drinks and staleness kept in a cellar. But those
which did hang above water were apparently the
best; and that beer did flower a little ; whereas
that under water did not, though it were fresh.
The milk soured and began to putrefy. Never-
theless it is true, that there is a village near Blois,
where in deep caves they do thicken milk in such
sort that it becometh very pleasant: which was
some cause of this trial of hanging milk in the
well: but our proof was naught; neither do I
know whether that milk in those caves be first
boiled. It were good therefore to try it with milk
sodden, and with cream ; for that milk of itself
is such a compound body, of cream, curds, and
whey, as it is easily turned and dissolved. It
were good also to try the beer when it"is in wort,
that it may be seen whether the hanging in the
well will accelerate the ripening and clarifying
of it.
Experiment solitary touching slutting.
386. Divers, we see, do stut. The cause may
be, in most the refrigeration of the tongue;
*8
NATURAL HISTORY.
Cejtt. IV.
whereby it is less apt to move. And therefore
we see that naturals do generally stut : and we
see, that in those that stut, if they drink wine
moderately they stut less, because it heateth, and
so we see that they that stut do stut more in the
first offer to speak than in continuance ; because
the tongue is by motion somewhat heated. In
some also, it may be, though rarely, the dryness of
the tongue, which likewise maketh it less apt
to move as well as cold : for it is an affect that
cometh to some wise and great men; as it did
unto Moses, who was " lingue prepedite ;" and
many stutters, we find, are very choleric men:
choler inducing a dryness in the tongue.
' Experiments in contort touching smells.
387. Smells and other odours are sweeter in
the air at some distance, than near the nose ; as
hath been partly touched heretofore. The cause
is double : first, the finer mixture or incorporation
of the smell : for we see that in sounds likewise,
they are sweetest when we cannot hear every
part by itself. The other reason is, for that all
sweet smells have joined with them some earthly
or crude odours ; and at some distance the sweet,
which is the more spiritual, is perceived, and the
earthy reaches not so far.
388. Sweet smells are most forcible in dry
substances when they are broken ; and so like-
wise in oranges or lemons, the nipping of their
rind giveth out their smell more : and generally
when bodies are moved or stirred, though not
broken, they smell more, as a sweet-bag waved.
The cause is double : the one, for that there is a
greater emission of the spirit when way is made ;
and this holdeth in the breaking, nipping, or
crushing; it holdeth also, in some degree, in the
moving ; but in this last there is a concurrence
of the second cause, which is the impulsion of
the air that bringeth the scent faster upon us.
389. The daintiest smells of flowers are out
of those plants whose leaves smell not; as
violets, roses, wallflowers, gillyflowers, pinks,
woodbines, vine-flowers, apple-blooms, limetree-
blooms, bean-blooms, &c. The cause is, for that
where there is heat and strength enough in the
plant to make the leaves od orate, there the smell
of the flower is rather evanid and weaker than
that of the leaves ; as it is in rosemary flowers,
lavender flowers, and sweet-briar roses. But
where there is less heat, there the spirit of the
plant is digested and refined, and severed from the
grosser juice, in the efflorescence, and not before.
390. Most odours smell best broken or crushed,
as hath been said : but flowers pressed or beaten do
lose the freshness and sweetness of their odour.
The cause is, for that when they are crushed, the
grosser and more earthy spirit cometh out with
the finer, and troubleth it ; whereas in stronger
odours there are no such degrees of the issue of
the smell.
Experiments in consort touching the goodness and
choice of water,
391. It is a thing of very good use to discover
the goodness of waters. The taste, to those that
drink water only, doth somewhat : but other ex-
periments are more sure. First, try waters by
weight, wherein you may find some difference,
though not much ; and the lighter you may ac-
count the better.
392. Secondly try them by boiling upon an
equal fire; and that which consumeth away
fastest, you may account the best.
393. Thirdly, try them in several bottles or
open vessels, matches in every thing else, and see
which of them last longest without stench or cor-
ruption. And that which holdeth unputrefied
longest, you may likewise account the best.
394. Fourthly, try them by making drinks
stronger or smaller, with the same quantity of
malt; and you may conclude, that that water
which maketh the stronger drink is the more
concocted and nourishing; though perhaps it be
not so good for medicinal use. And such water,
commonly, is the water of large and navigable
rivers ; and likewise in large and clean ponds of
standing water; for upon both them the sun hath
more power than upon fountains or small rivers.
And I conceive that chalk water is next them the
best for going furthest in drink: for that also
helpeth concoction ; so it be out of a deep well,
for then it cureth the rawness of the water;
but chalky water, towards the top of the earth,
is too fretting; as it appeareth in laundry of
clothes, which wear out apace if you use such
waters.
395. Fifthly, the housewives do find a differ-
ence in waters, for the bearing or not bearing of
soap ; and it is likely that the more fat water will
bear soap best; for the hungry water doth kill the
unctuous nature of the soap.
396. Sixthly, you may make a judgment of
waters according to the place whence they spring
or come: the rain-water is, by the physicians,
esteemed the finest and the best ; but yet it is said
to putrefy soonest, which is likely, because of the
fineness of the spirit : and in conservatories of
rain-water, such as they have in Venice, &c,
they are found not so choice waters; the worse,
perhaps, because they are covered aloft and kept
from the sun. Snow-water is held unwholesome ;
insomuch as the people that dwell at the foot of
the snow mountains, or otherwise upon the ascent,
especially the women, by drinking of snow-water,
have great bags hanging under their throats.
Well-water, except it be upon chalk, or a very
plentiful spring, maketh meat red ; which is an
ill sign. Springs on the tops of high hills are
the best : for both they seem to have a lightness
and appetite of mounting; and besides, they are
most pure and unmingled ; and again, are more
percolated through a great space of earth. Fox
Cbkt. IV.
NATURAL HISTORY.
waters in valleys join in effect under ground with
all waters of the same level; whereas springs on
the tops of hills pass through a great deal of pure
earth with leas mixture of other waters.
337. Seventhly, judgment may be made of
waters by the soil whereupon the water runneth;
as pebble is the cleanest and best tasted ; and
next to that clay-water ; and thirdly, water upon
chalk; fourthly, that upon sand; and worst of
all upon mud. Neither may you trust waters
that taste sweet, for they are commonly found in
rising grounds of great cities, which mast needs
take in a great deal of filth.
Experiment totitury touching the temperate heat
under the equinoctial.
398. In Peru, and divers parts of the West In-
dies, though under the line, the heats are not so
intolerable as they be in Barbary, and the skirts
of die torrid xone. The causes are, first the great
breeies which the motion of the air in great cir-
cles, such as are under the girdle of the world,
produced), which do refrigerate; and therefore in
those parts noon is nothing so hot, when the
breeies are great, as about nine or ten of the clock
in the forenoon. Another cause ie, for that the
length of the night, and the dews thereof, docom-
pensate the heat of the day. A third cause is,
the slay of the sun; not in respect of day and
night, for that we spake of before, but in respect
of the season ; for under the line the sun crosseth
the line, and maketh two summers and two
winters, but in the skirts of the torrid sone it
doublelh and goeth back again, and so maketh
one long summer.
Experiment tolilary teaching the coloration of black
and laving Moors.
399. The heat of the sun maketh men black in
some countries, as in ./Ethiopia and Guiney, &c.
Fire dolb it not, as we see in glass-men, that are
continually about the fire. The reason may be,
because fire doth lick up the spirits and blood of
the body, so as they exhale, so that it ever maketh
men look pale and sallow; but the sun, which
a gentler heat, doth but draw the blood to the oi
ward parts, and rather concocteth it than soaketh
it; and therefore we see that all jfithiopes
fleshy and plump, and have great lips, all which
betoken moisture retained, and not drawn
We tee also, that the Negroes are bred
that hare plenty of water, by rivers and otht
for Meroe", which was the metropolis of jfkhtopia,
was upon a great lake; and Congo, where the
Negroes are, is full of rivers. And the confines
of the river Niger, where the Negroes also
well watered : and the region above Cape
Verde is likewise moist, insomuch as it is pesti-
through moisture: but the countries of the
Abyssenes, and Barbary, and Peru, where they are
tawny, and olivaster,tnd pale, are generally more
sandy and dry. As for the .Eihioprs, as they are
plump and fleshy, ao, it may be, they are sanguine
and ruddy coloured, if their black skin would
Experiment solitary touching motion after the in-
etanl of death.
400. Some creatures do move a good while
after their head is off, as birds ; some a very
little dine, as men and nil beasts; some move,
though cut in several pieces, as snakes, eels,
is, flies, &c. First, therefore, it is certain,
that the immediate cause of death is the reso-
rt or extinguishment of the spirits; and that
the destruction or corruption of the organs Is
but the mediate cause. But some organs are
peremptorily necessary, that the extinguish-
■nt of the spirits doth speedily follow ; but yet
as there is an interim of a small time. It is
reported by one of the ancients of credit, that a
sacrificed beast hath lowed after the heart hath
been severed; and it is a report also of credit,
that the head of a pig bath been opened, and the
brain put into the palm of a man's hand, trem-
bling, without breaking any part of it, or severing
it from the marrow of the back-bone, during
which time the pig hath been, in all appearance,
stark dead, and without motion ; and after a small
time the brain hath been replaced, and the skull
of the pig closed, and the pig hath a little after
gone about. And certain it is, that an eye, upon
revenge, hath been thrust forth, so as it hanged ■
pretty distance by the visual nerve; and during
that time the eye hath been without any power of
sight; and yet after being replaced recovered
sight. Now the spirits are chiefly in the head and
cells of the brain, which in men and beasts are
large ; and therefore, when the head is off, they
move little or nothing. But birds have small
beads, and therefore the spirits are a little mors
dispersed in the sinews, whereby motion remain-
eth in them a little longer ; insomuch as it is ex-
tant in story, that an emperor of Rome, to show
the certainty of his hand, did shoot a great forked
arrow at an ostrich, as she ran swiftly upon the
stage, and struck off her head, and yet she con-
tinued the race a little way with her head off. At
for worms, and flies, and eels, the spirits are dif-
fused almost all over, and therefore they move in
their several pieces.
NATURAL HISTORY.
ClRT. V.
CENTURY V.
Experiment in consort touching the acceleration of
germination.
We will now inquire of plants or vegetables,
and we shall do it with diligence. They are the
principal part of the third day's work. They are
the first "producat," which is the word of animation:
for the other words are but the words of essence.
And they are of excellent and general use for
food, medicine, and a number of mechanical arts.
401. There were sown in a bed, turnip-seed,
radish-seed, wheat, cucumber-seed, and peas.
The bed we call a hot-bed, and the manner of it
is this : there was taken horse-dung, old and well
rotted; this was laid upon a bank half a foot
high, and supported round about with planks; and
upon the top was cast sifted earth, some two
fingers' deep, and then the seed sprinkled upon it,
having been steeped all night in water mixed with
cow-dung. The turnip-seed and the wheat came
up half an inch above ground within two days
after, without any watering. The rest, the third
day. The experiment was made in October ; and,
it may be in the spring, the accelerating would
have been the speedier. This is a noble experi-
ment; for without this help they would have
been four times as long in coming up. But there
doth not occur to me, at this present, any use
thereof for profit, except it should be for sowing of
peas, which have their prices very much increased
by the early coming. It may be tried also with
cherries, strawberries, and other fruit, which are
dearest when they come early.
402. There was wheat steeped in water mixed
with cow-dung; other in water mixed with horse-
dung; other in water mixed with pigeon-dung;
other in urine of man, other in water mixed with
chalk powdered, other in water mixed with soot,
other in water mixed with ashes, other in water
mixed with bay-salt, other in claret wine, other in
malmsey, other in spirit of wine. The proportion
of the mixture was a fourth part of the ingredients
to the water ; save that there was not of the salt
above an eighth part. The urine, and the wines,
and the spirit of wine, were simple without mix-
ture of water. The time of the steeping was
twelve hours. The time of the year October.
There was also other wheat sown unsteeped, but
watered twice a day with warm water. There
was also other wheat sown simple, to compare it
with the rest. The event was, that those that
were in the mixture of dung, and urine, and soot,
chalk, ashes and salt, came up within six days :
and those that afterwards proved the highest,
thickest and most lusty, were first the urine, and
then the dungs, next the chalk, next the soot,
next the ashes, next the salt, next the wheat
simple of itself unsteeped and un watered, next!
the watered twice a day with warm water, next
the claret wine. So that these three last were
slower than the ordinary wheat of itself, and this
culture did rather retard than advance. As for
those that were steeped in malmsey, and spirit of
wine, they came not up at all. This is a rich ex-
periment for profit ; for the most of the steeping!
are cheap things, and the goodness of the crop
is a great matter of gain, if the goodness of the
crop answer the earliness of the coming up, as it
is like it will, both being from the vigour of the
seed, which also partly appeared in the former ex-
periments, as hath been said. This experiment
would be tried in other grains, seeds, and kernels :
for it may be some steeping will agree best with
some seeds. It would be tried also with roots
steeped as before, but for longer time. It would
be tried also in several seasons of the year, espe-
cially in the spring.
403. Strawberries watered now and then, at
once in three days, with water wherein bath been
steeped sheeps-dung or pigeons-dung, will prevent
and come early. And it is like the same effect
would follow in other berries, herbs, flowers,
grains, or trees. And therefore it is an experi-
ment, though vulgar in strawberries, yet not
brought into use generally : for it is usual to help
the ground with muck, and likewise to recomfort
it sometimes with muck put to the roots ; bat to
water it with muck-water, which is like to be
more forcible, is not practised.
404. Dung, or chalk, or blood, applied in sub-
stance, seasonably, to the roots of trees, doth set
them forwards. But to do it unto herbs, without
mixture of water or earth, it may be these helps
are too hot.
405. The former means of helping germination
are either by the goodness and strength of the
nourishment, or by the comforting and exciting
the spirits in the plant, to draw the nourishment
better. And of this latter kind, concerning the
comforting of the spirits of the plant, are also the
experiments that follow ; though they be not ap-
plications to the root or seed. The planting of
trees warm upon a wall against the south, or south-
east sun, doth hasten their coming on and ripen-
ing; and the south-east is found to be better than
the south-west, though the south-west be the
hotter coast. But the cause is chiefly, for that
the heat of the morning succeedeth the cold of the
night : and partly, because many times the south-
west sun is too parching. So likewise the plant-
ing of them upon the back of a chimney where a
fire is kept, doth hasten their coming on and
ripening; nay more, the drawing of the boughs
into the inside of a room where a fire is continually
kept, worketh the same effect, which hath bee*
Cent. V.
NATURAL HISTORY.
01
tried with grapes, insomuch as they will come a
month earlier than the grapes abroad.
406. Besides the two means of accelerating
germination formerly described ; that is to say,
the mending of the nourishment ; and comforting
of the spirit of the plant: there is a third, which
is the making way for the easy coming to the
nourishment, and drawing it. And therefore
gentle digging and loosening of the earth about
the roots of trees : and the removing herbs and
flowers into new earth once in two years, which
is the same thing, for the new earth is ever looser,
doth greatly further the prospering and earliness
of plants.
407. But the most admirable acceleration by
facilitating tho nourishment is that of water. For
a standard of a damask rose with the root on, was
set in a chamber where no fire was, upright in an
earthen pan, full of fair water, without any mix-
ture, half a foot under the water, the standard be-
ing more than two foot high above the water :
within the space of ten days the standard did put
forth a fair green leaf, and some other little buds,
which stood at a stay, without any show of decay
or withering, more than seven days. But after-
wards that leaf faded, but the young buds did
sprout on, which afterward opened into fair leaves
in the space of three months, and continued so a
while after, till upon removal we left the trial.
But note, that the leaves were somewhat paler
and lighter-coloured than the leaves used to be
abroad. Note, that the first buds were in the end
of October; and it is likely that if it had been in
the spring time, it would have put forth with
greater strength, and, it may be, to have grown
on to bear flowers. By this means you may have,
as it seemeth, roses set in the midst of a pool, be-
ing supported with some stay ; which is matter
of rareness and pleasure, though of small use.
This is the more strange, for that the like rose-
standard was put at the same time into water
mixed with horse-dung, the horse-dung about the
fourth part to the water, and in four month's space,
while it was observed, put not forth any leaf,
though divers buds at the first, as the other.
403. A Dutch flower that had a bulbous root,
was likewise put at the same time all underwater,
some two or three fingers' deep, and within seven
days sprouted, and continued long after further
growing. There were also put in, a beet-root, a
borage root, and a radish-root, which had all their
leaves cut almost close to the roots, and within
six weeks had fair leaves, and so continued till
the end of November.
409. Note, that if roots, or peas, or flowers,
may be accelerated in their coming and ripening,
there is a double profit ; the one in the high price
that those things bear when they come early : the
other in the swiftness of their returns : for in some
grounds which are strong, you shall have a radish,
&c. come in a month, that in other grounds will
not come in two, and so make double returns.
410. Wheat also was put into the water, and
came not forth at all ; so as it seemeth there must
be some strength and bulk in the body put into
the water, as it is in roots, for grains, or seeds,
the cold of the water will mortify. But casually
some wheat lay under the pan, which was some-
what moistened by the suing of the pan; which
in six weeks, as aforesaid, looked mouldy to the
eye, but it was sprouted forth half a finger's
length.
411. It seenieth by these instances of water,
that for nourishment the water is almost all in all,
and that the earth doth but keep the plant upright,
and save it from over-heat and over-cold; and
therefore is a comfortable experiment for good
drinkers. It proveth also that our former opinion,
that drink incorporate with flesh or roots, as in
capon-beer, &c, will nourish more easily than
meat and drink taken severally.
412. The housing of plants, I conceive, will
both accelerate germination, and bring forth
flowers and plants in the colder seasons : and as
we house hot-country plants, as lemons, oranges,
myrtles, to save them; so we may house our own
country plants, to forward them, and make them
come in the cold seasons ; in such sort, that you
may have violets, strawberries, peas, all winter :
so that you sow or remove them at fit times.
This experiment is to be referred unto the comfort-
ing of the spirit of the plant by warmth, as well
as housing their boughs, &c. So then the means
to accelerate germination, are in particular eight,
in general three.
Experiments in consort touching the putting back
or retardation of germination.
413. To make roses, or other flowers come
late, it is an experiment of pleasure. For the an-
cients esteemed much of " rosa sera." And in-
deed the November rose is the sweetest, having
been less exhaled by the sun. The means are
these. First, the cutting off their tops imme-
diately after they have done bearing, and then
they will come again the same year about No-
vember: but they will not come just on the tops
where they were cut, but out of those shoots
which were, as it were, water boughs. The cause
is, for that the sap, which otherwise would have
fed the top, though after bearing, will, by the
discharge of that, divert unto the side sprouts,
and they will come to bear, but later.
414. The second is the pulling off the buds of
the rose, when they are newly knotted ; for then
the side branches will bear. The cause is the
same with the former; for cutting off the tops,
and pulling off the buds, work the same effect, in
retention of the sap for a time, and diversion of it
to the sprouts that were not so forward.
F
NATURAL HISTORY.
Cmit. V.
415. The third is the catting off some few of
the top boughs in the spring time, but suffering
the lower boughs to grow on. The cause is,
for that the boughs do help to draw up the sap
more strongly; and we see that in polling of
trees, many do use to leave a bough or two on
the top, to help to draw up the sap. And it is re-
ported also, that if you graft upon the bough of a
tree, and cut off some of the old boughs, the new
cions will perish.
41 6. The fourth is by laying the roots bare
about Christmas some days. The cause is plain,
for that it doth arrest the sap from going upwards
for a time ; which arrest i» afterwards released by
the covering of the root again with earth ; and then
the sap getteth up, but later.
417. The fifth is the removing of the tree some
month before it buddeth. The cause is, for that
some time will be required after the remove for
the re-settling, before it can draw the juice ; and
that time being lost, the blossom must needs come
forth later.
418. The sixth is the grafting of roses in May,
which commonly gardeners do not until July ; and
then they bear not till the next year ; but if you
graft them in May, they will bear the same year,
but late.
419. The seventh is the girding of the body of
the tree about with some packthread; for that also
inadegreerestraineth the sap, and maketh it come
up more late and more slowly. -
420. The eighth is the planting of them in a
shade, or in a hedge: the cause is, partly the
keeping out of the sun, which hasteneth the sap
to rise ; and partly the robbing of them of nourish-
ment by the stuff in the hedge. These means
may be practised upon other, both trees and flow-
ers, " mutatis mutandis.9'
421. Men have entertained a conceit thatshow-
eth prettily ; namely, that if you graft a late com-
ing fruit upon a stock of a fruit tree that cometh
early, the graft will bear fruit early ; as a peach
upon a cherry, and contrariwise, if an early-com-
ing fruit upon a stock of a fruit tree that cometh
late, the graft will bear fruit late, as a cherry upon
a peach. But these are but imaginations, and
untrue. The cause is, for that the cion over-
ruleth the stock quite, and the stock is but passive
only, and giveth aliment, but no motion to the
graft.
Experiments in consort touching the melioration
of fruits, trees, and plants.
We will speak now, how to make fruits, flow-
ers, and roots larger, in more plenty, and sweeter
than they use to be, and how to make the tress
themselves more tall, more spread, and more hasty
and sudden than they use to be. Wherein there
is no doubt but the former experiments of accele-
ration will serve much to these purposes. And
•gain, that these experiments, which we shall now
set down, do serve also for acceleration, because
both effects proceed from the increase of vigour in
the tree ; but yet, to avoid confusion, and because
some of the means are more proper for the one
effect, and some for the other, we will handle them
apart.
422. It is an assured experience, that a heap
of flint or stone, laid about the bottom of a wild
tree, as an oak, elm, ash, &c, upon the first
planting, doth make it prosper double as much as
without it. The cause is, for that it retaineth the
moisture which falleth at any time upon the tree,
and suffereth it not to be exhaled by the sun.
Again, it keepeth the tree warm from cold blasts
and frosts, as it were in a house. It may be also,
there is somewhat in the keeping of it steady at
the first. Query, If laying of straw some height
about the body of a tree will not make the tree
forwards. For though the root giveth the sap,
yet it is the body that draweth it. But you must
note, that if you lay stones about a stalk of let-
tuce, or other plants that are more soft, it will
over-moisten the roots, so as the worms will eat
them.
423. A tree, at the first setting, should not be
shaken, until it hath taken root fully : and there-
fore some have put two little forks about the bot-
tom of their trees to keep them upright; but after
a year's rooting, then shaking doth the tree good,
by loosening of the earth, and, perhaps, by ex-
ercising, as it were, and stirring the sap of the
tree.
424. Generally the cutting away of boughs and
suckers at the root and body doth make trees grow
high ; and contrariwise, the polling and cutting of
the top maketh them grow spread and bushy. As
we see in pollards, &c.
425. It is reported, that to make hasty-growing
coppice woods, the way is, to take willow, sallow,
poplar, alder, of some seven years' growth ; and to
set them not upright, but aslope, a reasonable
depth under the ground ; and then, instead of one
root they will put forth many, and so carry more
shoots upon a stem.
42G. When you would have many new roots
of fruit trees, take a low tree and bow it, and lay
all his branches aflat upon the ground, and cast
earth upon them, and every twig will take root.
And this is a very profitable experiment for
costly trees, for the boughs will make stocks
without charge ; such as are apricots, peaches,
almonds, cornelians, mulberries, figs, &c. The
like is continually practised with vines, roses,
musk-roses, &c.
427. From May to July you may take off the
bark of any bough, being of the bigness of three
or four inches, and cover the bare place, somewhat
above and below, with loam well tempered with
horse-dung, binding it fast down. Then cut off
the bough about Allhallontide in the bare place,
and set it in the ground, and it will grow to be a
Cert. V.
NATURAL HISTORY.
fair tree in one year. The cause may be, for that
the baring from the bark keepeth the sap from de-
scending towards winter, and so holdeth it in the
b >ugh ; and it may be also that the loam and
horse-dung applied to the bare place do moisten
it, and cherish it, and make it more apt to put
forth the root. Note, that this may be a general
means for keeping up the sap of trees in their
boughs, which may serve to other effects.
428. It hath been practised in trees that show
fair and bear not, to bore a hole through the heart
of the tree, and thereupon it will bear. Which
may be, for that the tree beforo had too much re-
pletion, and was oppressed with its own sap; for
repletion is an enemy to generation.
429. It hath been practised in trees that do not
bear, to cleave two or three of the chief roots, and
to put into the cleft a small pebble, which may
keep it open, and then it will bear. The cause
may be, for that a root of a tree may be, as it were
hide-bound, no less than the body of the tree;
but it will not keep open without somewhat put
into it.
430. It is usually practised, to set trees that
require much sun upon walls against the south ;
as apricots, peaches, plums, vines, figs, and the
like. It hath a double commodity ; the one, the
heat of the wall by reflection ; the other, the taking
away of the shade; for when a tree groweth
round, the upper boughs over-shadow the lower :
but when it is spread upon a wall, the sun cometh
alike upon the upper and lower branches.
431. It hath also been practised by some, to
pull otf some leaves from the trees so spread, that
the sun may come upon the bough and fruit the
better. There hath been practised also a curiosity,
to set a tree upon the north side of a wall, and at
a little height to draw it through the wall, and
spread it upon the south side: conceiving that the
root and lower part of the stock should enjoy the
freshness of the shade ; and the upper boughs
and fruit, the comfort of the sun. But it sorted
not ; the cause is, for that the root requireth some
comfort from the sun, though under earth, as well
as the body : and the lower part of the body more
than the upper, as we seen in compassing a tree
below with straw.
432. The lowness of the bough where the fruit
cometh, maketh the fruit greater, and to ripen
better ; for you shall ever see, in apricots, peaches,
or melocotones upon a wall, the greatest fruits
towards the bottom. And in France, the grapes
that make the wine grow upon low vines bound
to small stakes ; and the raised vines in arbours
make but verjuice. It is true, that in Italy and i
other countries where they have hotter sun, they \
raise them upon elms and trees ; but I conceive, :
that if the French manner of planting low were
brought in use there, their wines would be
stronger and sweeter. But it is more chargeable
in respect of the props. It were good to try
whether a tree grafted somewhat near the ground,
and the lower boughs only maintained, and the
higher continually pruned off, would not make a
larger fruit.
433. To have fruit in greater plenty, the way is
to graft not only upon young stocks, but upon
divers boughs of an old tree ; for they will bear
great numbers of fruit : whereas if you graft but
upon one stock the tree can bear out few.
434. The digging yearly about the roots of
trees, which is a great means both to the acceleia-
tion and melioration of fruits, is practised in no-
thing but in vines : which if it were transferred
unto other trees and shrubs, as roses, &c., 1 con-
ceive would advance them likewise.
435. It hath been known, that a fruit-tree hath
been blown up almost by the roots, and set up
again, and the next year bear exceedingly. The
cause of this was nothing but the loosening of the
earth, which comforteth any tree, and is fit to be
practised more than it is in fruit-trees : for trees
cannot be so fitly removed into new grounds as
flowers and herbs may.
436. To revive an old tree, the digging of it
about the roots, and applying new mould to the
roots, is the way. We see also that draught-oxen
put into fresh pasture gather new and tender
flesh ; and in all things better nourishment than
hath been used doth help to renew ; especially if
it be not only better, but changed and differing
from the former.
437. If an herb be cut off from the roots in the
beginning of winter, and then the earth be trodden
and beaten down hard with the foot and spade,
the roots will become of very great magnitude in
summer. The reason is, for that the moisture be-
ing forbidden to come up in the plant, stayeth
longer in the root, and so dilateth it. And gar-
deners use to tread down any loose ground after
they have sown onions, or turnips, &c.
438. If "panicum" be laid below and about
the bottom of a root, it will cause the root to grow
to an excessive bigness. The cause is, for that
being itself of a spongy substance, it draweth the
moisture of the earth to it, and so feedeth the root.
This is of greatest use for onions, turnips, pars-
nips, and carrots.
439. The shifting of ground is a means to
better the tree and fruit ; but with this caution,
that all things do prosper best when they are ad-
vanced to the better; your nursery of stocks
ought to be in a more barren ground than the
ground is whereunto you remove them. So all
graziers prefer their cattle from meaner pastures
to better. We see also, that hardness in youth
lengtheneth life, because it leaveth a cherishing
to the better of the body in age : nay, in exercises,
it is good to begin with the hardest, as dancing
in thick shoes, &c.
410. It hath bern observed, that hacking of
trees in their bark, both downright and across, so
64
NATURAL HISTORY.
C«rr. V.
%b yoo may make them rather in slices than in
continued hacks, doth great good to trees ; and
especially deli vereth theru from being hide-bound,
and killeth their moss.
441. Shade- to some plants conduceth to make
thorn large and prosperous more than sun, as in
strawberries and bays, &c. Therefore amongst
strawberries sow here and there some borage seed,
and you shall find the strawberries under those
leaves far more large than their fellows. And
bays you must plant to the north, or defend them
from the sun by a hedge-row ; and when you sow
the berries, weed not the borders for the first half
year ; for the weed giveth them shade.
442. To increase the crops of plants, there
would he considered not only the increasing the
lust of the earth, or of the plant, but the saving also
of that which is spilt. So they havo lately made
a trial to set wheat, which nevertheless hath been
left off*, because of the trouble and pains : yet so
much is true, that there is much saved by the set-
ting, in comparison of that which is sown, both
by keeping it from being picked up by birds, and
by avoiding the shallow lying of it, whereby
much that is sown taketh no root.
4 13. It is prescribed by some of the ancients,
that you take small trees, upon which figs or other
fruit grow, being yet unripe, and cover the trees
in the middle of autumn with dung until the
spring ; and then take them up in a warm day,
and replant them in good ground ; and by that
means the former year's tree will be ripe, as by a
new birth, when other trees of the same kind do
but blossom. But this seemeth to have no great
probability.
444. It is reported, that if you take nitre, and
mingle it with water, to the thickness of honey,
and therewith anoint the bud after the vine is cut,
it will sprout forth within eight days. The cause
is like to be, if the experiment be true, the open-
ing of the bud and of the parts contiguous, by the
spirit of the nitre ; for nitre is, as it were, the life
of vegetables.
445. Take seed, or kernels of apples, pears,
oranges; or a peach, or a plum-stone, &c. and
put them into a squill, which is like a great onion,
and they will come up much earlier than in the
earth itself. This I conceive to be as a kind of
grafting in the root ; for |8 the stock of a graft
yieldeth better prepared nourishment to the graft
than the crude earth, so the squill doth the like to
the seed. And I suppose the same would be done
by putting kernels into a turnip or the like, save
that the squill is more vigorous and hot. It may
be tried also, with putting onion-seed into an
onion-head, which thereby, perhaps, will bring
forth a larger and earlier onion.
446. The pricking of a fruit in several places,
when it is almost at its bigness, and before it
ripeneth, hath been practised with success, to
ripen the fruit more suddenly. We soe the ex-
ample of the biting of wasps or worms upon fruit,
whereby it manifestly ripeneth the sooner.
447. It is reported, that "alga marina," sea-
weed, put under the roots of cole worts, and, per-
haps, of other plants, will further their growth.
The virtue, no doubt, hath relation to salt, which
is a great help to fertility.
448. It hath been practised, to cut off the stalks
of cucumbers, immediately after their bearing,
close by the earth; and then to cast a pretty
quantity of earth upon the plant that remaineth,
and they will bear next year fruit long before the
ordinary time. The cause may be, for that the
sap goeth down the sooner, and is not spent in
the stalk or leaf, which remaineth after the fruit
Where note, that the dying in the winter of the
roots of plants that are annual, seemeth to be
partly caused by the over-expense of the sap into
stalk and leaves; which being prevented, they
will superannuate, if they stand warm.
449. The pulling off many of the blossoms
from a fruit-tree doth make the fruit fairer. The
cause is manifest ; for that the sap hath the less
to nourish. And it is a common experience, that
if you do not pull off some blossoms the first
time a tree bloometh, it will blossom itself to
death.
450. It were good to try what would be the
effect, if all the blossoms were pulled from a
fruit-tree : or the acorns and chestnut-buds, &c.,
from a wild tree, for two years together. I sup-
pose that the tree will either put forth the third
year bigger and more plentiful fruit : or else, the
same years, larger leaves, because of the sap
stored up.
451. It hath been generally received, that a
plant watered with warm water will come up
sooner and better than with cold water or with
showers. But our experiment of watering wheat
with warm water, as hath been said, succeeded
not; which may be, because the trial was too
late in the year, viz., in the end of October.
For the cold then coming upon the seed, after it
was made more tender by the warm water, might
check it.
452. There is no doubt, but that grafting, for
the most part doth meliorate the fruit. The cause
is manifest; for that the nourishment is better
prepared in the stock than in the crude earth ; but
yet note well, that there be some trees that are
said to come up more happily from the kernel
than from the graft, as the peach and melocotone.
The cause, I suppose to be, for that those plants
require a nourishment of great moisture; and
though the nourishment of the stock be finer and
better prepared, yet it is not so moist and plentiful
as the nourishment of the earth. And indeed we
see those fruits are very cold fruits in their nature.
453. It hath been received, that a smaller pear
grafted upon a stock that beareth a greater pear,
will become great. But I think it is as true as
Cknt. V,
NATURAL HISTORY.
66
that of the prime fruit upon the late stock ; and
" e convereo," which we rejected before ; for the
cion will govern. Nevertheless, it is probable
enough, that if you can get a cion to grow upon
a stock of another kind, that is much moister
than its own stock, it may make the fruit greater,
because it will yield more plentiful nourishment,
though it is like it will make the fruit baser.
But generally the grafting is upon a drier stock,
as the apple upon a crab, the pear upon a thorn,
&c. Yet it is reported, that in the Low Coun-
tries they will graft an apple cion upon the stock
of a colewort, and it will bear a great flaggy
apple, the kernel of which, if it be set, will be a
colewort, and not an apple. It were good to try
whether an apple cion will prosper, if it be grafted
upon a sallow, or upon a poplar, or upon an alder,
or upon an elm, or upon a horse-plum, which are
the moistest of trees. I have heard that it hath
been tried upon an elm, and succeeded.
454. It is manifest by experience, that flowers
removed wax greater, because the nourishment is
more easily come by in the loose earth. It may
be, that oft regrafting of the same cion may like-
wise make fruit greater; as if you take a cion and
graft it upon a stock the first year, and then cut
it off and graft it upon another stock the second
year, and so for a third or fourth year, and then
let it rest, it will yield afterward, when it beareth,
the greater fruit.
Of grafting there are many experiments worth
the noting, but those we reserve to a proper place.
455. It maketh figs better, if a fig-tree, when
it beginneth to put forth leaves, have his top cut
off. The cause is plain, for that the sap hath the
less to feed, and the less way to mount : but it
may be the fig will come somewhat later, as was
formerly touched. The same may be tried like-
wise in other trees.
456. It is reported, that mulberries will be
fairer, and the trees more fruitful, if you bore the
trunk of the tree through in several places, and
thrust into the places bored wedges of some hot
trees, as turpentine, mastic-tree, guaiacum, juni-
per, &c. The cause may be, for that adventive
heat doth cheer up the native juice of the tree.
457. It is reported, that trees will grow greater,
and bear better fruit, if you put salt, or lees of
wine, or blood to the root The cause may be
the increasing the lust or spirit of the root; these
tilings being more forcible than ordinary com-
posts.
458. It is reported by one of the ancients, that
artichokes will be less prickly, and more tender,
if the seeds have their tops dulled, or grated off
upon a stone.
459. Herbs will be tenderer and fairer, if you
take them out of beds, when they are newly come
up, and remove them into pots with better earth.
The remove from bed to bed was spoken of be-
fore ; but that was in several years; this is upon
Vol.IL— 9
the sudden; the cause is the same with other
removes formerly mentioned.
460. Cole worts are reported by one of the
ancients to prosper exceedingly, and to be better
tasted, if they be sometimes watered with salt
water, and much more with water mixed with
nitre; the spirit of which is less ad u rent than salt.
461. It is reported, that cucumbers will prove
more tender and dainty, if their seeds be steeped
a little in milk; the cause may be, for that the
seed being mollified with the milk, will be too
weak to draw the grosser juice of the earth, but
only the finer. The same experiment may be
made in artichokes and other seeds, when you
would take away either their flashiness or bitter-
ness. They speak also, that the like effect fol-
loweth of steeping in water mixed with honey ;
but that seemeth to me not so probable, because
honey hath too quick a spirit.
462. It is reported, that cucumbers will be less
watery, and more melon-like, if in the pit where
you set them, you fill it, half way up, with chaff
or small sticks, and then pour earth upon them :
for cucumbers, as it seemeth, do extremely affect
moisture, and over-drink themselves, which tho
chaff or chips forbiddeth. Nay, it is farther re-
ported, that if, when a cucumber is grown, you
set a pot of water about five or six inches dis-
tance from it, it will, in twenty-four hours, shoot
so much out as to touch the pot; which, if it be
true, is an experiment of a higher nature than be-
longeth to this title : for it disco vereth perception
in plants, to move towards that which should
help and comfort them, though it be at a distance.
The ancient tradition of the vine is far more
strange : it is, that if you set a stake or prop at
some distance from it, it will grow that way, which
is far stranger, as is said, than the other ; for that
water may work by a sympathy of attraction, but
this of the stake seemeth to be a reasonable
discourse.
463. It hath been touched before, that terebra-
tion of trees doth make then prosper better. But
it is found also, that it maketh the fruit sweeter
and better. The cause is, for that, notwithstand-
ing the terebration, they may receive aliment suf-
ficient, and yet no more than they can well turn
and digest, and withal do sweat out the coarsest
and unprofitablest juice ; even as it is in living
creatures, which by moderate feeding, and exer-
cise, and sweat, attain the soundest habit of body.
464. As terebration doth meliorate fruit, so
upon the like reason doth letting of plants blood,
as pricking vines or other trees, after they be of
some growth, and thereby letting forth gum or
tears, though this be not to continue, as it is in
terebration, but at some seasons. And it is re-
ported that by this artifice bitter almonds have
been turned into sweet.
465. The ancients, for the dulcorating of fruit,
do commend swine's dung above all other dung :
p2
NATURAL HISTORY.
Cm. V.
which may be because of the moisture of that
beast, whereby the excrement hath less acrimony,
for we see swine's and pig's flesh is the moistest
of fleshes.
466. It is observed by some, that all herbs wax
sweeter, both in smell and taste, if after they be
grown up some reasonable time they be cut, and
so you take the latter sprout. The cause may be,
for that the longer the juice stayeth in the root
and stalk, the better it concocteth. For one of
the chief causes why grains, seeds, and fruits, are
more nourishing than leaves, is the length of time
in which they grow to maturation. It were not
amiss to keep back the sap of herbs, or the like,
by some fit means, till the end of summer, where-
by, it may be, they will be more nourishing.
467. As grafting doth generally advance and
meliorate fruits, above that which they would be
if they were set of kernels or stones, in regard the
nourishment is better concocted; so, no doubt,
even in grafting, for the same cause, the choice
of the stock doth much always, provided that it
be somewhat inferior to the cion, for otherwise it
dulleth it. They commend much the grafting of
pears or apples upon a quince.
468. Besides the means of melioration of fruits
before mentioned, it is set down as tried, that a
mixture of bran and swine's dung, or chaff and
swine's dung especially, laid up together for a
month to rot, is a very great nourisher and com-
forter to a fruit-tree.
469. It is delivered that onions wax greater if
they be taken out of the earth, and laid a drying
twenty days, and then set again ; and yet more,
if the outermost pill be taken off all over.
470. It is delivered by some, that if one take
the bough of a low fruit-tree newly budded, and
draw it gently, without hurting it, into an earthen
pot perforate at the bottom to let in the plant, and
then cover the pot with earth, it will yield a very
large fruit within the ground. Which experi-
ment is nothing but potting of plants without
removing, and leaving the fruit in the earth. The
like, they say, will be effected by an empty pot,
without earth in it, put over the fruit, being
propped up with a stake, as it hangeth upon the
tree ; and the better, if some few perfusions be
made in the pot. Wherein, besides the defending
of the fruit from extremity of sun or weather,
some give a reason, that the fruit loving and covet-
ing the open air and sun, is invited by those per-
tusions to spread and approach as near the open
air as it can ; and so enlargeth in magnitude.
471. All trees in high and sandy grounds are
to be set deep, and in watery grounds more shal-
low. And in all trees, when they be removed,
especially fruit-trees, care ought to be taken, that
the sides of the trees be coasted, north and south,
&c., as they stood before. The same is said also
of stone out of the quarry, to make it more dura-
ble, though that seemeth to have less reason ; be-
cause the stone lieth not so near the sun as the
tree groweth.
472. Timber trees in a coppice wood do grow
better than in an open field ; both because they
offer not to spread so much, but shoot up still in
height; and chiefly because they are defended
from too much sun and wind, which do check the
growth of all fruit ; and so, no doubt, fruit-trees,
of vines, set upon a wall against the sun, between
elbows or buttresses of stone, ripen more than
upon a plain wall.
473. It is said, that if potado-roots be set in a
pot filled with earth, and then the pot with earth
be set likewise within the ground some two or
three inches, the roots will grow greater than or-
dinary. The cause may be, for that having earth
enough within the pot to nourish them ; and then
being stopped by the bottom of the pot from put-
ting strings downward, they must needs grow
greater in breadth and thickness. And it may be,
that all seeds or roots potted, and so set into the
earth, will prosper the better.
474. The cutting off the leaves of radish, or
other roots, in the beginning of winter, before they
wither, and covering again the root something
high with earth, will preserve the root all winter,
and make it bigger in the spring following, as
hath been partly touched before. So that there is
a double use of this cutting off the leaves ; for in
plants where the root is the esculent, as radish
and parsnips, it will make the root the greater,
and so it will do to the heads of onions. And
where the fruit is the esculent, by strengthening
the root, it will make the fruit also the greater.
475. It is an experiment of great pleasure, to
make the leaves of shady trees larger than ordi-
nary. It hath been tried for certain that a cion of
a weech-elm, grafted upon the stock of an ordi-
nary elm, will put forth leaves almost as broad as
the brim of one's hat. And it is very likely, that
as in fruit-trees the graft maketh a greater fruit; so
in trees that bear no fruit, it will make the greater
leaves. It would be tried therefore in trees of that
kind chiefly, as birch, asp, willow, and especially
the shining willow, which they call swallow-tail,
because of the pleasure of the leaf.
476. The barrenness of trees by accident, be-
sides the weakness of the soil, seed, or root ; and
the injury of the weather, cometh either of their
overgrowing with moss, or their planting too
deep, or by issuing of the sap too much into the
leaves. For all these there are remedies mention-
ed before.
Experiments in consort touching compound fruits
and flowers.
We see that in living creatures, that have male
and female, there is copulation of several kinds ;
and so compound creatures, as the mule, that is
generated betwixt the horse and the ass, and some
other compounds which we call monBters, though
Cent. V.
NATURAL HISTORY.
67
more rare ; and it is held that that proverb, Africa
srmper a liquid monstri parity cometh, for that the
fountains of waters there being rare, divers sorts
of beasts come from several parts to drink, and so
being refreshed fall to couple, and many times
with several kinds. The compounding or mixture
of kinds in plants is not found out ; which, never-
theless, if it be possible, is more at command than
that of living creatures, for that their lust requireth
a voluntary motion ; wherefore it were one of the
most noble experiments touching plants to find it
out: for so you may have great variety of new
fruits and flowers yet unknown. Grafting doth it
not, that mendeth the fruit, or doubleth the flowers,
&c, but it hath not the power to make a new kind.
For the cion ever over-ruleth the stock.
477. It hath been set down by one of the an-
cients, that if you take two twigs of several fruit-
trees, and flat them on the sides, and then bind
them close together and set them in the ground,
they will come up in one stock; but yet they will
put forth their several fruits without any commix-
ture in the fruit. Wherein note by the way, that
unity of continuance is easier to procure than unity
of species. It is reported also, that vines of red
and white grapes being set in the ground, and the
upper parts being flatted and bound close together,
will put forth grapes of several colours upon the
same branch ; and grape-stones of several colours
within the same grape : but the more after a year
or two, the unity, as it seemeth, growing more
perfect. And this will likewise help, if from the
first uniting they be often watered, for all moisture
helpcth to union. And it is prescribed also to bind
the bud as soon as it cometh forth, as well as the
stock, at the least for a time.
478. They report that divers seeds put into a
clout, and laid in earth well dunged, will put up
plants contiguous ; which, afterwards being bound
in, their shoots will incorporate. The like is said
of kernels put into a bottle with a narrow mouth
filled with earth.
479. It is reported, that young trees of several
kinds set contiguous without any binding, and
very often watered, in a fruitful ground, with the
very luxury of the trees will incorporate and grow
together. Which seemeth to me the likeliest ;
means that hath yet been propounded ; for that the j
binding doth hinder the natural swelling of the :
tree ; which, while it is in motion, doth better
unite.
Experiments in consort touching the sympathy and
antipathy of plants.
There are many ancient and received traditions
and observations touching the sympathy and anti-
pathy of plants ; for that some will thrive best
growing near others, which they impute to sym-
pathy, and some worse, which they impute to an-
tipathy. But these are idle and ignorant conceits,
and forsake the true indication of the causes, as
the most part of experiments that concern sym-
pathies and antipathies do. For as to plants nei-
ther is there any such secret friendship or hatred
as they imagine : and if wc should be content to
call it sympathy and antipathy, it is utterly mis-
taken, for their sympathy is an antipathy, and
their antipathy is a sympathy, for it is thus:
Wheresoever one plant drawcth such a particular
juice out of the earth, as it qualitieth the earth, so
as that juice which rcmaineth is fit for the other
plant; there the neighbourhood doth good, because
the nourishments are contrary or several; but
where two plants draw much the same juice, there
the neighbourhood hurteth, for the one deceiveth
the other.
480. First, therefore, all plants that do draw
much nourishment from the earth, and so soak the
earth and exhaust it, hurt all things that grow by
them ; as great trees, especially ashes, and such
trees as spread their roots near the top of the
ground. So the colewort is not an enemy, though
that were anciently received, to the vine only ; but
it is an enemy to any other plant, because it draw-
eth strongly the fattest juice of the earth. And if
it be true, that the vine, when it crecpeth near the
colewort will turn away, this may be, because
there it flndeth worse nourishment ; for though the
root be where it was, yet, I doubt, the plant will
bend as it nourisheth.
481. Where plants are of several natures, and
draw several juices out of the earth, there, as
hath been said, the one set by the other helpeth :
as it is set down by divers of the ancients, that
rue doth prosper much, and becometh stronger,
if it be set by a fig-tree, which, we conceive, is
caused not by reason of friendship, but by extrac-
tion of a contrary juice ; the one drawing juice fit
to result sweet, the other bitter. So they have
set down likewise, that a rose set by garlic is
sweeter: which likewise may be, because the
more fetid juice of the earth gocth into the garlic,
and the more odorate into the rose.
482. This we see manifestly, that there be
certain corn-flowers which come seldom or never
in other places, unless they be set, but only
amongst corn: as the blue-bottle, a kind of
yellow marygold, wild poppy, and fumitory.
Neither can this be, by reason of the culture of
the ground, by ploughing or furrowing; as some
herbs and flowers will grow but in ditches new
cast; for if the ground lie fallow and unsown,
they will not come : so as it should seem to be
the corn that qualifieth the earth, and prepareth it
for their growth.
483. This observation, if it holdeth, as it is
very probable, is of great use for the meliorating
of taste in fruits and esculent herbs, and of the
scent of flowers. For I do not doubt, but if the
fig-tree do make the rue more strong and bitter,
as the ancients have noted, good store of rue
planted about the fig-tree will make the fig more
NATURAL HISTORY.
Ckwt. V.
sweet Now the tastes that do most offend in
fruits, and herbs, and roots, are bitter, harsh, soar,
and waterish, or flabby. It were good, therefore,
to make the trials following.
484. Take wormwood, or rue, and set it near
lettuce, or coleflory, or artichoke, and see whether
the lettuce, or the coleflory, &c, become not the
sweeter.
485. Take a service-tree, or a cornelian-tree, or
an elder-tree, which we know have fruits of harsh
and binding juice, and set them near a vine, or
fig-tree, and see whether the grapes or figs will
not be the sweeter.
486. Take cucumbers or pumpions, and set
them here and there, amongst musk-mellons, and
see whether the melons will not be more winy,
and better tasted. Set cucumbers, likewise,
amongst radish, and see whether the radish will
not be made the more biting.
487. Take sorrel, and set it amongst rasps, and
see whether the rasps will not be the sweeter.
488. Take common brier, and set it amongst
violets or wall-flowers, and see whether it will
not make the violets or wall-flowers sweeter, and
less earthy in their smell. So set lettuce or
cucumbers amongst rosemary or bays, and see
whether the rosemary or bays will not be the
more odorate or aromatical.
489. Contrariwise, you must take heed how
you set herbs together that draw much the like
juice. And therefore I think rosemary will lose
in sweetness, if it be set with lavender, or bays,
or the like. But yet if you will correct the
strength of an herb, you shall do well to set other
like herbs by him to take him down ; as if you
should set tansey by angelica, it may be the
angelica would be the weaker, and fitter for mix-
ture in perfume. And if you should set rue by
common wormwood, it may be the wormwood
would turn to be liker Roman wormwood.
490. This axiom is of large extent; and
therefore would be severed, and refined by trial.
Neither must you expect to have a gross diffe-
rence by this kind of culture, but only farther
perfection.
491. Trial would be also made in herbs poi-
sonous and purgative, whose ill quality, perhaps,
may be discharged, or attempered, by setting
stronger poisons or purgatives by them.
492. It is reported, that the shrub called our
ladies seal, which is a kind of briony, and cole-
worts, set near together, one or both will die.
The cause is, for that they be both great depre-
dators of the earth, and one of them starveth the
other. The like is said of a reed and a brake ;
both of which are succulent, and therefore the
one deceiveth the other. And the like of hem-
lock and rue; both which draw strong juices.
493. Some of the ancients, and likewise divers
of the modern writers that have laboured in
natural magic, have noted a sympathy between
the sun, moon, and some principal stars, and cer-
tain herbs and plants. And so they have deno-
minated some herbs solar, and some lunar; and
such like toys put into great words. It is
manifest that there are some flowers that hare
respect to the sun in two kinds, the one by open-
ing and shutting, and the other by bowing and
inclining the head. For marygolds, tulips, pim-
pernel, and indeed most flowers, do open and
spread their leaves abroad when the sun shincth
serene and fair : and again, in some part, close
them, or gather them inward, either towards
night, or when the sky is overcast. Of this there
needeth no such solemn reason to be assigned, as
to say, that they rejoice at the presence of the
sun, and mourn at the absence thereof. For it is
nothing else but a little loading of the leaves,
and swelling them at the bottom, with the moist-
ure of the air, whereas the dry air doth extend
them ; and they make it a piece of the wonder,
that garden clover will hide the stalk when the
sun showeth bright, which is nothing but a full
expansion of the leaves. For the bowing and
inclining the head, it is found in the great flower
of the sun, in marygolds, wart-wort, mallow
flowers, and others. The cause is somewhat
more obscure than the former ; but I take it to be
no other, but that the part against which the son
beateth, waxeth more faint and flaccid in the
stalk, and thereby less able to support the flower.
494. What a little moisture will do in vege-
tables, even though they be dead and severed
from the earth, appeareth well in the experiment
of jugglers. They take the beard of an oat,
which, if you mark it well, is wreathed at the
bottom, and one smooth entire straw at the top.
They take only the part that is wreathed, and
cut off the other, leaving the beard half the
breadth of a finger in length. Then they make
a little cross of a quill, longways of that part of
the quill which hath the pith ; and cross-ways of
that piece of the quill without pith ; the whole
cross being the breadth of a finger high. Then
they prick the bottom where the pith is, and
thereinto they put the oaten beard, leaving half
of it sticking forth of the quill : then they take a
little white box of wood, to deceive men, as if
somewhat in the box did work the feat, in which,
with a pin, they make a little hole, enough to
take the beard, but not to let the cross sink down,
but to stick. Then likewise, by way of impos-
ture, they make a question; as, 'Who is the fairest
woman in the company ? or, Who hath a glove
or a card 1 and cause another to name divers per-
sons ; and upon every naming they stick the cross
in the box, having first put it towards their mouth,
as if they charmed it, and the cross stirreth not;
but when they come to the person that they would
take, as they hold the cross to their mouth, they
touch the heard with the tip of their tongue and
wet it, and so stick the cross in the box ; and then
Ckmt. V.
NATURAL HISTORY.
09
you shall see it torn finely and softly three or four
turns, which is caused by the untwining of the
beard by the moisture. You may see it more
evidently, if you stick the cross between your
fingers instead of the box; and therefore you may
see, that this motion, which is effected by so little
wet, is stronger than the closing or bending of the
head of a marygold.
495. It is reported by some, that the herb called
" rosa solis," whereof they make strong waters,
will, at the noon-day, when the sun shineth hot
and bright, have a great dew upon it. And
therefore that the right name is "roe solis,"
which they impute to a delight and sympathy
thai it hath with the sun. Men favour wonders.
It were good first to be sure, that the dew that is
found upon it be not the dew of the morning
preserved, when the dew of other herbs is breathed
away ; for it hath a smooth and thick leaf, that
doth not discharge the dew so soon as other herbs
that are more spongy and porous. And it may be
purslane, or some other herb, doth the like, and
is not marked. But if it be so, that it hath more
dew at noon than in the morning, then sure it
seemeth to be an exudiation of the herb itself.
As plums sweat when they are set in the oven :
for you will not, I hope, think, that it is like
Gideon's fleece of wool, that the dew should fall
upon that and nowhere else.
496. It is certain, that the honey dews are
found more upon oak leaves than upon ash, or
beech, or the like : but whether any cause be from
the leaf itself to concoct the dew, or whether it
be only that the leaf is close and smooth, and
therefore drinketh not in the dew, but preservcth
it, may be doubted. It would be well inquired,
whether manna, the drug, doth fall but upon certain
herbs or leaves only. Flowers that have deep
sockets, do gather in the bottom a kind of honey,
as honey-suckles, both the woodbine and the tre-
foil, lilies, and the like. And in them certainly
the flower beareth part with the dew.
497. The experience is, that the froth which
they call woodseare, being like a kind of spittle,
is found but upon certain herbs, and those hot
ones : as lavender, lavender cotton, sage, hyssop,
&c. Of the cause of this inquire further : for it
seemeth a secret. There falleth also mildew upon
corn, and sroutteth it; but it may be, that the
same falleth also upon other herbs and is not ob-
served.
498. It were good trial were made, whether
the great consent between plants and water, which
is a principal nourishment of them, will make an
attraction at a distance and not at touch only.
Therefore take a vessel, and in the middle of it
make a false bottom of a coarse canvass : fill it
with earth above the canvass, and let not the earth
be watered ; then sow some good seeds in that
earth; but under the canvass, some half a foot in
the bottom of the vessel, lay a great sponge.
thoroughly wet in water; and let it lie so some
ten days, and see whether the seeds will sprout,
and the earth become more moist, and the sponge
more dry. The experiment formerly mentioned
of the cucumber creeping to the pot of water is
far stranger than this.
Experiments in contort touching the making herbs
and fruits medicinable.
499. The altering of the scent, colour, or taste
of fruit, by infusing, mixing, or letting into the
bark, or root of the tree, herb, or flower, any co-
loured, aromatical, or medicinal substances, are
but fancies. The cause is, for that those things
have passed their period, and nourish not. And
all alteration of vegetables in those qualities roust
be by somewhat that is apt to go into the nourish-
ment of the plant. But this is true, that where
kine feed upon wild garlic, their milk tasteth
plainly of the garlic : and the flesh of muttons is
better tasted where the sheep feedeth upon wild
thyme, and other wholesome herbs. Galen also
speaketh of the curing of the " scirrus'1 of the liver,
by milk of a cow that feedeth but upon certain
herbs ; and honey in Spain smelleth apparently of
the rosemary, or orange, from whence the bee ga-
thereth it : and there is an old tradition of a maid-
en that was fed with "napellus;" which is
counted the strongest poison of all vegetables,
which with use did not hurt the maid, but poison-
ed some that had carnal company with her. So
it is observed by some, that there is a virtuous
bezoar, and another without virtue, which appear
to the show alike : but the virtuous is taken from
the beast that feedeth upon the mountains, where
there are theriacal herbs, and that without virtue,
from those that feed in the valleys where no such
herbs are. Thus far I am of opinion ; that as
steeped wines and beers are very medicinal ; and
likewise bread tempered with divers powders; so
of meat also, as flesh, fish, milk and eggs, that
they may be made of great use for medicine and
diet, if the beasts, fowl, or fish, be fed with a
special kind of food fit for the disease. It were a
dangerous thing also for secret empoisonments.
But whether it may be applied unto plants and
herbs, I doubt more, because the nourishment of
them is a more common juice ; which is hardly
capable of any special quality, until the plant do
assimilate it.
i 500. But lest our incredulity may prejudice any
' profitable operations in this kind, especially since
1 many of the ancients have set them down, we
I think good briefly to propound the four means
| which they have devised of making plants medi-
cinable. The first is, by slitting of the root, and
infusing into it the medicine ; as hellebore, opium,
' 8cammony, treacle, &c, and then binding it up
1 again. This seemeth to me the least probable ;
because the root draweth immediately from the
earth ; and so the nourishment is the more common
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NATURAL HISTORY.
Ceht. VI.
and less qualified : and besides, it is a long time
in going up ere it come to the fruit. The second
way is to perforate the body of the tree, and there
to infuse the medicine ; which is somewhat bet-
ter: for if any virtue be received from the medicine,
it hath the less way, and the less time to go up.
The third is, the steeping of the seed or kernel in
some liquor wherein the medicine is infused:
which I have little opinion of, because the seed, I
doubt, will not draw the parts of the matter which
have the propriety ; but it will be far the more
likely, if you mingle the medicine with dung; for
that the seed naturally drawing the moisture of
the dung, may call in withal some of the propri-
ety. The fourth is, the watering of the plant oft
with an infusion of the medicine. This, in one
respect, may have more force than the rest, be-
cause the medication is oft renewed ; whereas the
rest are applied but at one time; and therefore the
virtue may the sooner vanish. But still I doubt,
that the root is somewhat too stubborn to receive
those fine impressions; and besides, as I said
before, they have a great hill to go up. I judge
therefore the likeliest way to be the perforation of
the body of the tree in several places one above
the other ; and the filling of the holes with dung
mingled with the medicine ; and the watering of
those lumps of dung with squirts of an infusion of
tho medicine in dunged water, once in three or
four days.
CENTURY VI.
ExpirirmnU in consort touching curiosities about
fruits and plants.
Our experiments we take care to be, as we have
often said, either "experimenta fructifera," or
"lucifera ;" either of use, or of discovery : for we
hate impostures, and despise curiosities. Yet
because we must apply ourselves somewhat to
others, we will set down some curiosities touch-
ing plants.
501. It is a curiosity to have several fruits upon
one tree ; and the more, when some of them come
early, and some come late, so that you may have
upon the same tree ripe fruits all summer. This
is easily done by grafting of several cions upon
several boughs of a stock, in a good ground plen-
tifully fed. So you may have all kinds of cher-
ries, and all kinds of plums, and peaches, and
apricots, upon one tree ; but I conceive the diver-
sity of fruits must be such as will graft upon the
same stock. And, therefore, I doubt, whether
you can have apples, or pears, or oranges, upon
the same stock upon which you graft plums.
502. It is a curiosity to have fruits of divers
shapes and figures. This is easily performed, by
moulding them when the fruit is young, with
moulds of earth or wood. So you may have cu-
cumbers, &c, as long as a cane or as round as a
sphere ; or formed like a cross. You may have
also apples in the form of pears or lemons. You
may have also fruit in more accurate figures, as
we said of men, beasts, or birds, according as
you make the moulds. Wherein you must under-
stand, that you make the mould big enough to
contain the whole fruit when it is grown to the
greatest : for else you will choke the spreading
of the fruit ; which otherwise would spread itself,
and fill the concave, and so be turned into the
shape desired ; as it is in mould works of liquid
things. Some doubt may be conceived, that the
keeping of the sun from the fruit may hurt it:
but there is ordinary experience of fruit that grow-
eth covered. Query, also, whether some small
holes may not be made in the wood to let in the
sun. And note, that it were best to make the
moulds partible, glued or cemented together
that you may open them when you take out the
fruit.
503. It is a curiosity to have inscriptions, or en-
gravings, in fruit or trees. This is easily perform-
ed, by writing with a needle, or bodkin, or knife,
or the like, when the fruit or trees are young; for
as they grow, so the letters will grow more large
and graphical,
Tcnerisqae meod incidcre amores
Arboribui! crescent UUe,c/eicetia amore*.
504. You may have trees apparelled with flow-
ers or herbs, by boring holes in the bodies of them,
and putting into them earth holpen with muck,
and setting- seeds or slips of violets, strawberries,
wild thyme, camomile, and such like, in the earth.
Wherein they do but grow in the tree, as they do
in pots : though, perhaps, with some feeding from
the trees. It would be tried also with shoots of
vines, and roots of red roses; for it may be they
being of a more ligneus nature, will incorporate
with the tree itself.
505. It is an ordinary curiosity to form trees
and shrub 8, as rosemary, juniper, and the like,
into sundry shapes; which is done by moulding
them within, and cutting them without. But
they are but lame things, being too small to keep
figure ; great castles made of trees upon frames
of timber, with turrets and arches, were anciently
matters of magnificence.
506. Amongst curiosities I shall place colora-
tion, though it be somewhat better ; for beauty in
flowers is their pre-eminence. It is observed by
some, that gillyflowers, sweetwilliams, violets,
that are coloured, if they be neglected, and neither
watered, nor new moulded, nor transplanted, will
Cent. VL
NATURAL HISTORY.
71
tarn white. And it is probable, that the white
with much culture may turn coloured. For this
is certain, that the white colour cometh of scarcity
of nourishment; except in flowers that are only
white, and admit no other colours.
507. It is good, therefore, to see what natures do
accompany what colours ; for by that you shall
hare light how to induce colours, by producing
those natures. Whites are more inodorate, for
the most part, than flowers of the same kind
coloured; as is found in single white violets,
white roses, white gillyflowers, white stock-
gillyflowers, &c. We find also that blossoms
of trees, that are white, are commonly inodorate,
as cherries, pears, plums; whereas those of
apples, crabs, almonds, and peaches, are blushy,
and smell sweet. The cause is, for that the sub-
stance that maketh the flower is of the thinnest
and finest of the plant, which also maketh flowers
to be of so dainty colours. And if it be too
sparing and thin, it attaineth no strength of odour,
except it be in such plants as are very succulent ;
whereby they need rather to be scanted in their
nourishment than replenished, to have them
sweet. As we see in white satyrion, which is
of a dainty smell; and in bean-flowers, &c.
And again, if the plant be of nature to put forth
white flowers only, and those not thin or dry,
they are commonly of rank and fulsome smell ;
as may-flowers, and white lilies.
508. Contrariwise, in berries, the white is com-
monly more delicate and sweet in taste than the
coloured, as we see in white grapes, in white
rasps, in white strawberries, in white currants,
&c. The cause is, for that the coloured are more
juiced, and coarser juiced, and therefore not so
well and equally concocted; but the white are
better proportioned to the digestion of the plant.
509. But in fruits the white commonly is
meaner : as in pear-plums, damascenes, &c., and
the choicest plums are black ; the mulberry, which,
though they call it a berry, is a fruit, is better the
black than the white. The harvest white plum
is a base plum; and the verdoccio, and white
date-plum are no very good plums. The cause
is, for that they are all over-watery ; whereas a
higher concoction is required for sweetness, or
pleasure of taste; and therefore all your dainty
plums are a little dry, and come from the stone ;
as the muscle-plum, the damascene-plum, the
peach, the apricot, &c., yet some fruits, which
grow not to be black, are of the nature of berries,
sweetest such as are paler ; as the cceur-cherry,
which inclineth more to white, is sweeter than
the red ; but the egriot is more sour.
510. Take gillyflower seed, of one kind of
gillyflower, as of the clove-gillyflower, which ;
is the most common, and sow it, and there will
coin« up gillyflowers some of one colour, and
some of another, casually, as the seed meeteth
with nourishment in the earth ; so that the gar- 1
doners find, that they may have two or three roots
amongst a hundred that are rare and of great price ;
as purple, carnation of several stripes : the cause
is, no doubt, that in earth, though it be contiguous,
and in one bed, there are very several juices; and
as the seed doth casually meet with them, so it
cometh forth. And it is noted especially, that
those which do come up purple, do always come up
single : the juice, as it seemeth, not being able to
suffice a succulent colour, and a double leaf.
This experiment of several colours coming up
from one seed, would be tried also in larks-foot,
monks-hood, poppy, and holyoak.
511. Few fruits are coloured red within: the
queen-apple is; and another apple, called the
rose-apple: mulberries, likewise, and grapes,
though most towards the skin. There is a peach
also that hath a circle of red towards the stone :
and the egriot cherry is somewhat red within;
but no pear, nor warden, nor plum, nor apricot,
although they have many times red sides, are
coloured red within. The cause may be inquired.
512. The general colour of plants is green,
which is a colour that no flower is of. There is
a greenish primrose, but it is pale and scarce a
green. The leaves of some trees turn a little
murry or reddish, and they be commonly young
leaves that do so ; as it is in oaks, and vines, and
bazel. Leaves rot into a yellow, and some
hollies have part of their leaves yellow, that are,
to all seeming, as fresh and shining as the green.
I suppose also, that yellow is a less succulent
colour than green, and a degree nearer white.
For it hath been noted, that those yellow leaves
of holly stand ever towards the north or north-
east. Some roots are yellow, as carrots; and
some plants blood-red, stalk and leaf, and all, as
amaranthus. Some herbs incline to purple and
red ; as a kind of sage doth, and a kind of mint,
and rosa solis, &c. And some have white leaves,
as another kind of sage, and another kind of mint;
but azure and a fair purple are never found in
leaves. This shoWeth, that flowers are made of
a refined juice of the earth, and so are fruits; but
leaves of a more coarse and common.
513. It is a curiosity also to make flowers
double, which is effected by often removing them
into new earth : as on the contrary part, double
flowers, by neglecting and not removing, prove
single. And the way to do it speedily, is
to sow or set seeds or slips of flowers ; and as
soon as they come up, to remove them into new
ground that is good. Inquire also, whether in-
oculating of flowers, as stockgilly flowers, roses,
musk-roses, &c. doth not make them double.
There is a cherry-tree that hath double blossoms;
but that tree beareth no fruit : and it may be, that
the same means which, applied to the tree, doth
extremely accelerate the sap to rise and break
forth, would make the tree spend itself in flowers,
and those to become double : which were a great
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NATURAL HISTORY.
Cwrr. VL
pleasure to see, especially in apple-trees, peach-
trees, and almond-trees, that have blossoms blush-
coloured.
514. The making of fruits without core or
stone, is likewise a curiosity, and somewhat bet-
ter ; because whatsoever maketh them so, is like
to make them more tender and delicate. If a cion
or shoot, fit to be set in the ground, have the pith
finely taken forth, and not altogether, but some
of it left, the better to save the life, it will bear a
fruit with little or no core or stone. And the
like is said to be of dividing a quick tree down
to the ground, and taking out the pith, and then
binding it up again.
515. It is reported also, that a citron grafted
upon a quince will have small or no seeds : and
it is very probable that any sour fruit grafted upon
a stock that beareth a sweeter fruit, may both
make the fruit sweeter, and more void of the harsh
matter of kernels or seeds.
516. It is reported, that not only the taking out
of the pith, but the stopping of the juice of the
pith from rising in the midst, and turning it to
rise on the outside, will make the fruit without
core or stone : as if you should bore a tree clean
through, and put a wedge in. It is true, there is
some affinity between the pith and the kernel, be-
cause they are both of a harsh substance, and both
placed in the midst.
517. It is reported, that trees watered perpe-
tually with warm water, will make a fruit with
little or no core or stone. And the rulo is gene-
ral, that whatsoever will make a wild tree a gar-
den tree, will make a garden tree to have less core
or stone.
Experiments in contort touching the degenerating
of plants, and of the transmutation of them into
one another.
518. The rule is certain, that plants for want of
culture degenerate to be baser in the same kind ;
and sometimes so far as to change into another
kind, 1. The standing long, and not being re-
moved, maketii them degenerate. 2. Drought,
unless the earth of itself be moist, doth the like.
3. So doth removing into worse earth, or forbear-
ing to compost the earth ; as we see that water-
mint turneth into field-mint, and the colewort into
rape, by neglect, &c.
519. Whatsoever fruit useth to be set upon a root
or a slip, if it be sown, will degenerate. Grapes
sown, figs, almonds, pomegranate kernels sown,
make the fruits degenerate and become wild.
And again, most of those fruits that use to be
grafted, if they be set of kernels, or stones, dege-
nerate. It is true that peaches, as hath been
touched before, do better upon stones set than
upon grafting; and the rule of exception should
seem to be this : that whatsoever plant requireth
much moisture, prospereth better upon the stone
or kernel than upon the graft. For the stock,
though it giveth a finer nourishment, yet it giveth
a Bcanter than the earth at large.
520. Seeds, if they be very old, and yet have
strength enough to bring forth a plant, make the
plant degenerate. And therefore skilful garden-
ers make trial of the seeds before they buy them,
whether they be good or no, by putting them into
water gently boiled ; and if they be good, they
will sprout within half an hour.
521. It is strange which is reported, that basil,
too much exposed to the sun doth turn into wild
thyme ; although those two herbs seem to have
small affinity ; but basil is almost the only hot
herb that hath fat and succulent leaves, which
oiliness, if it be drawn forth by the sun, it is like
it will make a very great change.
522. There is an old tradition, that boughs of
oak put into the earth will put forth wild vines :
which, if it be true, no doubt it is not the oak that
turneth into a vine, but the oak-bough putrefying,
qualifieth the earth to put forth a vine of itself.
523. It is not impossible, and I have heard it
verified, that upon cutting down of an old timber
tree, the stub hath put out sometimes a tree of
another kind ; as the beech hath put forth birch;
which, if it be true, the cause may be, for that the
old stub is too scant of juice to put forth the for-
mer tree ; and therefore putteth forth a tree of a
smaller kind, that needeth less nourishment.
524. There is an opinion in the country, that
if the same ground be oft sown with the grain
that grew upon it, it will in the end grow to be
of a baser kind.
525. It is certain, that in very sterile years corn
sown will grow to another kind.
" Grandia tape quibui mandavinws horde* sulci
Infelix lolinm, et iteriles dominantnr aveiw."
And generally it is a rule, that plants that are
brought forth by culture, as corn, will sooner
change into other species than those that come
of themselves ; for that culture giveth but an ad-
ventitious nature, which is more easily put off.
This work of the transmutation of plants one
into another, is " inter magnalia nature :" for the
transmutation of species is, in the vulgar philo-
sophy, pronounced impossible, and certainly it is a
thing of difficulty, and requireth deep search into
nature; but seeing there appear some manifest
instances of it, the opinion of impossibility is to
be rejected, and the means thereof to be found
out We see, that in living creatures, that come
of putrefaction, there is much transmutation of
one into another, as caterpillars turn into flies,
&c. And it should seem probable, that whatso-
ever creature, having life, is generated without
seed, that creature will change out of one species
into another. For it is the seed, and the nature
of it, which locketh and boundeth in the creature,
that it doth not expatiate. So as we may well
conclude, that seeing the earth of itself doth put
forth plants without seed, therefore plants may
Cent. VL
NATURAL HISTORY.
73
well have a transmigration of species. Where-
fore, wanting instances which do occur, we shall
give directions of the most lively trials; and gen-
erally we would not have those that read this
work of " Sylva Syl varum" account it strange, or
think that it is an over-haste, that we have set
down particulars untried : for contrariwise, in out
own estimation, we account such particulars more
worthy than those that are already tried and
known; for these latter must be taken as you
find them ; hut the other do level point-blank at
the inventing of causes and axioms.
526. First, therefore, you must make account,
that if you will have one plant change into another,
you must have the nourishment over-rule the
seed ; and therefore you are to practise it by nou-
rishment as contrary as may be to the nature of
the herb, so nevertheless as the herb may grow,
and likewise with seeds that are of the weakest
sort, and have least vigour. You shall do well,
therefore, to take marsh-herbs, and plant them on
tops of hills and champaigns ; and such plants as
require much moisture upon sandy and very dry
grounds. As for example, marsh-mallows and
sedge, upon hills ; cucumber, and lettuce seeds,
and coleworts, upon a sandy plot; so contrari-
wise, plant bushes, heathling, and brakes, upon
a wet or marsh ground. This, I conceive also,
that all esculent and garden herbs, set upon the
tops of hills, will prove more medicinal, though
less esculent than they were before. And it may
be likewise, some wild herbs you may make salad
herbs. This is the first rule for transmutation of
plants.
527. The second rule shall be, to bury some
few seeds of the herbs you would change, amongst
other seeds ; and then you shall see whether the
juice of those other seeds do not so qualify the
earth, as it will alter the seed whereupon you
work. As for example, put parsley seed amongst
onion seed, or lettuce seed amongst parsley seed,
or basil seed amongst thyme seed; and seethe
change of taste or otherwise. But you shall do
well to put the seed you would change into a little
linen cloth, that it mingle not with the foreign
seed.
528. The third rule shall be, the making of
some medley or mixture of earth with some other
plants bruised or shaven either in leaf or root; as
for example, make earth with a mixture of cole-
wort leaves stamped, and set in it artichokes or
parsnips ; so take earth made with marjoram, or
origanum, or wild thyme, bruised or stamped, and
set in it fennel seed, fee. In which operation the
process of nature still will be, as 1 conceive, not
that the herb you work upon should draw the
juice of the foreign herb, for that opinion we have
formerly rejected, but there will be a new con-
fection of mould, which perhaps will alter the
seed, and yet not to the kind of the former herb.
629. The fourth rule shall be, to mark what
Vol. IL—10
herbs some earths do put forth of themselves, and
to take that earth and to pot it, or vessel it : and
in that to set the seed you would change : as, for
example, take from under walls or the like, where
nettles put forth in abundance, the earth, which
you shall there find, without any string or root of
the nettles : and pot that earth, and set in it stock-
gillyflowers, or wallflowers, &c., or sow in the
seed 9 of them, and see what the event will be ; or
take earth that you have prepared to put forth
mushrooms of itself, whereof you shall find some
Instances following, and sow in it purslane seed,
or lettuce seed; for in these experiments, it is
likely enough that the earth being accustomed to
send forth one kind of nourishment, will alter the
new seed.
530. The fifth rule shall be, to make the herb
grow contrary to its nature ; as to make ground-
herbs rise in height : as, for example, carry camo-
mile, or wild thyme, or the green strawberry upon
sticks, as you do hops upon poles, and see what
the event will be.
531. The sixth rule shall be, to make plants
grow out of the sun or open air; for that is a
great mutation in nature, and may induce a change
in the seed ; as barrel up earth and sow some seed
in it, and put it in the bottom of a pond, or put it
in some great hollow tree : try also the sowing of
seeds in the bottoms of caves; and pots with
seeds sown, hanged up in wells some distance
from the water, and see what the event will be.
Experiment* in contort touching the procevity, and
bwnessy and artificial dwarfing of tree*.
532. It is certain, that timber trees in coppice
woods grow more upright and more free from
under-boughs, than those that stand in the fields :
the cause whereof is, for that plants have a
natural motion to get to the sun ; and besides,
they are not glutted with too much nourishment ;
for that the coppice shareth with them, and re-
pletion ever hindereth stature: lastly they are
kept warm, and that ever in plants helpeth mount-
ing.
533. Trees that are of themselves full of heat,
which heat appeareth by their inflammable gums,
as firs, and pines, mount of themselves in height
without side-boughs, till they come towards the
top. The cause is partly beat, and partly tenuity
of juice, both which send the sap upwards. As
for juniper, it is but a shrub, and groweth not big
enough in body to maintain a tall tree.
534. It is reported that a good strong canvass,
spread over a tree grafted low, soon after it putteth
forth, will dwarf it and make it spread. The cause
is plain ; for that all things that grow, will grow
as they find room.
535. Trees are generally set of roots or kernels :
but if you set them of slips, as of some trees you
may, by name the mulberry, some of the slips will
take; and those that take, as is reported, will be
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74
NATURAL HISTORY.
ClHT.VL
dwarf trees. The cause is, for that a slip draweth
nourishment more weakly than either a root or
kernel.
536. All plants that put forth their sap hastily
have their bodies not proportionable to their
length, and therefore they are winders and creep-
ers; as ivy, briony, hops, woodbine; whereas
dwarfing requireth a slow putting forth, and less
vigour of mounting.
Experiments in consort touching the rudiment* of
plants, and of the excrescence* of plants, or super-
plant*.
The Scripture saith, that Solomon wrote a Na-
tural History, " from the cedar of Libanus, to the
moss growing upon the wall;" for so the best
translations have it. And it is true that moss is
but the rudiment of a plant ; and, as it were, the
mould of earth or bark.
537. Moss groweth chiefly upon ridges of
houses tiled or thatched, and upon the crests of
wall 8 ; and that moss is of a lightsome and pleasant
green. The growing upon slopes is caused, for
thatmoss, as on the one side it come th of moisture
and water, so on the other side the water must but
slide, and not stand or pool. And the growing
upon tiles, or walls, &c., is caused for that those
dried earths, having not moisture sufficient to put
forth a plant, do practise germination by putting
forth moss ; though when, by age, or otherwise,
they grow to relent and resolve, they sometimes put
forth plants, as wall-flowers. And almost all moss
hath here and there little stalks, besides the low
thrum.
538. Moss groweth upon alleys, especially such
as lie cold and upon the north ; as in divers
terraces : and again, if they be much trodden ;
or if they were at the first gravelled ; for where-
soever plants are kept down, the earth putteth forth
moss.
539. Old ground, that hath been long unbroken
up, gathereth moss ; and therefore husbandmen
use to cure their pasture grounds when they grow
to moss, by tilling them for a year or two : which
also dependeth upon the same cause ; for that the
more sparing and starving juice of the earth, in-
sufficient for plants, doth breed moss.
540. Old trees are more mossy far than young;
for that the sap is not so frank as to rise all to the
boughs, buttireth by the way, and putteth out moss.
541. Fountains have moss growing upon the
ground about them : —
" Muico«i forte*."
The cause is, for that the fountains drain the
water from the ground adjacent, and leave but
sufficient moisture to breed moss: and besides,
the coldness of the water conduceth to the same.
542. The moss of trees is a kind of hair ; for it
is the juice of the tree that is excerned, and doth
not assimilate. And upon great trees the moss
gathereth a figure like a leaf.
543. The moister sort of trees yield but little
moss, as we see in asps, poplars, willows, beeches,
&c., which is partly caused for the reason that
hath been given, of the frank putting up of the sap
into the boughs ; and partly for that the barks of
those trees are more close and smooth than those
of oaks and ashes; whereby the moss can the
hardlier issue out.
544. In clay-grounds all fruit-trees grow foil
of moss both upon body and boughs, which is
caused partly by the coldness of the ground,
whereby the plants nourish less, and partly by the
roughness of the earth, whereby the sap is shut in,
and cannot get up to spread so frankly as it should
do.
545. We have said heretofore, that if trees be
hide-bound, they wax less fruitful, and gather
moss ; and that they are holpen by hacking, &c*
And therefore by the reason of contraries, if trees
be bound in with cords, or some outward bands,
they will put forth more moss ; which, I think,
happeneth to trees that stand bleak, and upon the
cold winds. It would also be tried, whether, if
you cover a tree somewhat thick upon the top
after his polling it will not gather more moss.
I think also the watering of trees with cold foun-
tain-water will make them grow full of moss.
546. There is a moss the perfumers have, which
cometh out of apple trees, that hath an excellent
scent. Query, particularly for the manner of the
growth, and the nature of it. And for this expe-
riment's sake, being a thing of price, I have set
down the last experiments how to multiply and
call on mosses.
Next unto moss, I will speak of mushrooms ;
which are likewise an imperfect plant. The
mushrooms have two strange properties ; the one,
that they yield so delicious a meat ; the other,
that they come up so hastily, as in a night; and
yet they are unsown. And therefore such as are
upstarts in state they call in reproach mushrooms.
It must needs be, therefore, that they be made of
much moisture ; and that moisture fat, gross, and
yet somewhat concocted. And, indeed, we find
that mushrooms cause the accident which we call
" incubus" or the mare in the stomach. And there-
fore the surfeit of them may suffocate and empoison.
And this showeth that they are windy ; and that
windiness is gross and swelling, not sharp or grip-
ing. And upon the same reason mushrooms are a
venerous meat.
547. It is reported, that the bark of white or
red poplar, which are of the moistest of trees, cut
small, and cast into furrows well dunged, will
cause the ground to put forth mushrooms at all
seasons of the year fit to be eaten. Some add to
the mixture leaven of bread dissolved in water.
548. It is reported, that if a hilly field, where
the stubble is standing, be set on fire in the
showery season, it will put forth great store of
mushrooms.
Geht. VI.
NATURAL HISTORY.
75
549. It is reported, that hartshorn, shaven, or
in small pieces, mixed with dung and watered,
putteth up mushrooms. And we know that harts-
horn is of a fat and clammy substance : and it
may be ox-horn would do the like.
550. It hath been reported, though it be scarce
credible, that ivy hath grown out of a stag's horn ;
which they suppdse did rather come from a confis-
cation of the horn upon the ivy, than from the
horn itself. There is not known any substance
but earth, and procedures of earth, as tile, stone,
&c., that yieldeth any moss or herby substance.
There may be trial made of some seeds, as that
of fennel-seed, mustard-seeds, and rape-seeds, put
into some little holes made in the horns of stags,
or oxen, to see if they will grow.
551. There is also another imperfect plant, that
in show is like a great mushroom: and it is
sometimes as broad as one's hat ; which they call
a toad's stool ; but it is not esculent ; and it grow-
eth, commonly, by a dead stub of a tree, and like-
wise about the roots of rotten trees : and there-
fore seemeth to take his juice from wood putrefi-
ed. Which showeth, by the way, that wood pu-
trefied yieldeth a frank moisture.
552. There is a cake that groweth upon the
side of a dead tree, that hath gotten no name, but
it is large, and of a chestnut colour, and hard and
pithy ; whereby it should seem, that even dead
trees forget not their putting forth : no more than
the carcasses of men's bodies, that put forth hair
and nails for a time.
553. There is a cod, or bag, that groweth com-
monly in the fields ; that at the first is hard like
a tennis-ball, and white ; and after groweth of a
mushroom colour, and full of light dust upon the
breaking, and is thought to be dangerous for the
eyes if the powder get into them, and to be good
for kibes. Belike it hath a corrosive and fretting
nature.
554. There is an herb called Jew's ear, that
groweth upon the roots and lower parts of the
bodies of trees ; especially of elders, and some-
times ashes. It hath a strange property ; for in warm
water it swelleth, and openeth extremely. It is
not green, but of dusky brown colour. And it
is used for squinancies and inflammations in the
throat ; whereby it seemeth to have a mollifying
and lenifying virtue.
555. There is a kind of spungy excrescence,
which groweth chiefly upon the roots of the la-
ser-tree ; and sometimes upon cedar and other
trees. It is very white, and light, and friable ;
which we call agaric. It is famous in physic for
the purging of tough phlegm. And it is also an
excellent opener for the liver ; but offensive to the
stomach : and in taste, it is at the first sweet, and
after bitter.
556. We find no super-plant that is a formed
plant, but misseltoe. They have an idle tradi-
tion, that there is a bird called a misselbird, that
feedeth upon a seed, which many times she cannot
digest, and so expelleth it whole with her excre-
ment : which falling upon a bough of a tree that
hath some rift, putteth forth the misseltoe. But
this is a fable, for it is not probable that birds
should feed upon that they cannot digest. But
allow that, yet it cannot be for other reasons ; for
first, it is found but upon certain trees ; and those
trees bear no such fruit, as may allure that bird
to sit and feed upon them. It may be, that bird
feedeth upon the misscltoe-berries, and so is often
found there ; which may have given occasion to
the tale. But that which maketh an end of the
question is, that misseltoe hath been found to put
forth under the boughs, and not only above the
boughs; so it cannot be any thing that falleth
upon the bough. Misseltoe groweth chiefly upon
crab-trees, apple-trees, sometimes upon hazles,
and rarely upon oaks : the misseltoe whereof is
counted very medicinal. It is ever green winter
and summer, and beareth a white glistering
berry : and it is a plant utterly differing from the
plant upon which it groweth. Two things there-
fore may be certainly set down : first, that super-
fetation must be by abundance of sap in the
bough that putteth it forth : secondly, that that
sap must be such as the* tree dotli excern, and
cannot assimilate; for else it would go into a
bough, and besides, it seemeth to be more fat and
unctuous than the ordinary sap of the tree ; both
by the berry, which is clammy ; and by that it
continueth green winter and summer, which the
tree doth not.
557. This experiment of misseltoe may give
light to other practices. Therefore trial would
be made by ripping of the bough of a crab-tree in
the bark, and watering of the wound every day
with warm water dunged, to see if it would bring
forth misseltoe, or any such like thing. But it
were yet more likely to try it with some other
watering or anointing, that were not so natural to
the tree as water is; as oil, or barm of drink, &c.,
so they be such things as kill not the bough.
558. It were good to try, what plants would
put forth, if they be forbidden to put forth their
natural boughs; poll therefore a tree, and cover it
some thickness with clay on the top, and see what
it will put forth. I suppose it will put forth roots;
for so will a cion, being turned down into the
clay : therefore, in this experiment also, the tree
would be closed with somewhat that is not so na-
tural to the plant as clay is. Try it with leather,
or cloth, or painting, so it be not hurtful to the
tree. And it is certain, that a brake hath been
known to grow out of a pollard.
559. A man may count the prickles of trees to
be a kind of excrescence ; for they will never be
boughs, nor bear leaves. The plants that have
prickles are thorns, black and white ; brier, rose,
lemon-trees, crab-trees, gooseberry, berberry ;
these have it in the bough : the plants that have
76
NATURAL HISTORY.
Ckht. VI.
prickles in the leaf are, holly, juniper, whin-bush,
thistle; nettles also have a small venomous
prickle, so hath borage, but harmless. The cause
must be hasty putting forth, want of moisture, and
the closeness of the bark, for the haste of the spi-
rit to put forth, and the want of nourishment to
put forth a bough, and the closeness of the bark,
cause prickles in boughs, and therefore they are
ever like a pyramis, for that the moisture spendeth
after a little putting forth. And for prickles in
leaves, they come also of putting forth more juice
into the leaf than can spread in the leaf smooth,
and therefore the leaves otherwise are rough, as
borage and nettles are. As for the leaves of holly,
they are smooth but never plain, but as it were
with folds, for the same cause.
560. There be also plants, that though they
have no prickles, yet they have a kind of downy
or velvet rind upon their leaves ; as rose-campion,
stockgillyflowers, coltVfoot ; which down or nap
cometh of a subtile spirit, in a soft or fat sub-
stance. For it is certain, that both stockgilly-
tlowers and rose-campions, stamped, have been
applied with success to the wrists of those that
have had tertian or quartan agues ; and the va-
pour of coltVfoot hath a sanative virtue towards
the lungs, and the leaf also is healing in surgery.
561. Another kind of excrescence is an exuda-
tion of plants joined with putrefaction ; as we see
in oak-apples, which are found chiefly upon the
leaves of oaks, and the like upon willows : and
country people have a kind of prediction, that if
the oak-apple broken be full of worms, it is a sign
of a pestilent year, which is a likely thing, be-
cause they grow of corruption.
562. There is also upon sweet, or other brier, a
fine tuft or brush of moss of divers colours ; which
if you cut you shall ever find full of little white
worms.
Experiments in consort touching the producing of
perfect plants without seed.
563. It is certain, that earth taken out of the
foundations of vaults and houses, and bottoms of
wells, and then put into pots, will put forth sun-
dry kinds of herbs : but some time is required for
the germination : for if it be taken but from a fa-
thom deep, it will put forth the first year ; if much
deeper, not till after a year or two.
564. The nature of the plants growing out of
earth so taken up, doth follow the nature of the
mould itself; as, if the mould be soft and fine, it
putteth forth soft herbs, as grass, plantain, and the
like ; if the earth be harder and coarser, it putteth
forth herbs more rough, as thistles, firs, &c.
565. It is common experience, that where alleys
are close gravelled, the earth putteth forth the first
year knot grass, and after spire grass. The
cause is, for that the hard gravel or pebble at the
first laying will not suffer the grass to come forth
upright, but turneth it to find his way where it
can ; but after that the earth is somewhat loosened
at the top, the ordinary grass cometh up.
566. It is reported, that earth being taken out
of shady and watery woods some depth, and pot-
ted, will put forth herbs of a fat and juicy sub-
stance ; as pennywort, purslane, houseleek, penny-
royal, &c.
567. The water also doth send forth plants
that have no roots fixed in the bottom, but they
are less perfect plants, being almost but leaves,
and those small ones ; such is that we call duck-
weed, which hath a leaf no bigger than a thyme
leaf, but of a fresher green, and putteth forth a
little string into the water far from the bottom.
As for the water-lily, it hath a root in the ground;
and so have a number of other herbs that grow in
pond 8.
568. It is reported by some of the ancients, and
some modern testimony likewise, that there be
some plants that grow upon the top of the sea, be-
ing supposed to grow of some concretion of slime
from die water, where the sun beateth hot, and
where the sea stirreth little. As for alga marina,
sea weed, and eryngium, sea thistle, both have
roots; but the sea weed under the water, the sea
thistle but upon the shore.
569. The ancients have noted, that there are
some herbs that grow out of snow laid up close
together and putrefied, and that they are all bitter,
and they name one specially, " flomus," which we
call moth-mullein. It is. certain, that worms are
found in snow commonly, like earth-worms ; and
therefore it is not unlike, that it may likewise put
forth plants.
570. The ancients have affirmed, that there are
some herbs that grow out of stone, which may be,
for that it is certain that toads have been found
in the middle of a free-stone. We see also that
flints, lying above ground, gather moss; and wall
flowers, and some other flowers, grow upon walls ;
but whether upon the main brick or stone, or whe-
ther out of the lime or chinks, is not well observ-
ed : for elders and ashes have been seen to grow
out of steeples ; but they manifestly grow out of
clefts ; insomuch as when they grow big they will
disjoin the stone. And besides, it is doubtful
whether the mortar itself putteth it forth, or whe-
ther some seeds be not let fall by birds. There
be likewise rock-herbs, but I suppose those are
where there is some mould or earth. It hath
likewise been found, that great trees growing upon
quarries have put down their root into the stone.
571. In some mines in Germany, as is reported,
there grow in the bottom vegetables, and the work-
folks use to say they have magical virtue, and will
not suffer men to gather them.
572. The sea sands seldom bear plants.
Whereof the cause is yielded by some of the an-
cients, for that the sun exhaleth the moisture be-
fore it can incorporate with the earth, and yield a
nourishment for the plant. And it is affirmed also
CfNT. VI.
NATURAL HISTORY.
77
that sand hath always its root in clay ; and that
there be no veins of sand any great depth within
the earth.
573. It is certain, that some plants put forth for
a time of their own store, without any nourish-
ment from earth, water, stone, &c., of which vide
the experiment 29.
Experiments in consort touching foreign plants.
51 A. It is reported, that earth that was brought
out of the Indies and other remote countries for
ballast of ships, cast upon some grounds in Italy,
did put forth foreign herbs, to us in Europe not
known ; and, that which is more, that of their
roots, barks, and seeds, contused together, and
mingled with other earth, and well watered with
warm water, there came forth herbs much like the
other.
575. Plants brought out of hot countries will
endeavour to put forth at the same time that they
usually do in their own climate ; and therefore to
preserve them, there is no more required, than to
keep them from the injury of putting back by cold.
It is reported also, that grain out of the hotter
countries translated into the colder, will be more
forward than the ordinary grain of the cold coun-
try. It is likely that this will prove better in
grains than in trees, for that grains are but annual,
and so the virtue of the seed is not worn out;
whereas in a tree it is em based by the ground to
which it is removed.
576. Many plants which grow in the hotter
countries, being set in the colder, will neverthe-
less, even in those cold countries, being sown of
seeds late in the spring, come up and abide most
part of the summer; as we find it in orange
and lemon seeds, &c, the seeds whereof sown in
the end of April will bring forth excellent salads,
mingled with other herbs. And I doubt not, but
the seeds of clove-trees, and pepper seeds, &c., if
they could come hither green enough to be sown,
would do the like.
Experiments in consort touching the seasons in which
plants come forth.
577. There be some flowers, blossoms, grains,
and frnits, which come more early, and others
which come more late in the year. The flowers
that come early with us are primroses, violets,
anemonies, water-daffodillies, crocus vernus, and
some early tulips. And they are all cold plants ;
which therefore, as it should seem, have a quicker
perception of the heat of the sun increasing than the
hot herbs have ; as a cold hand will sooner find a
little warmth than a hot. And those that come
next after are wallflowers, cowslips, hyacinths,
rosemary flowers, &c, and after them pinks, roses,
flower-de-luces, &c, and the latest are gillyflowers,
holy oak s, larksfoot, &c. The earliest blossoms
are the blossoms of peaches, almonds, cornelians,
mezerious, &c., and they are of such trees as have
much moisture, either watery or oily. And there-
fore crocus vernus also being an herb that hath an
oily juice, putteth forth early; for those also find
the sun sooner than the drier trees. The grains
are, first, rye and wheat, then oats and barley, then
peas and beans. For though green peas and
beans be eaten sooner, yet the dry ones that are
used for horse meat, are ripe last ; and it seemeth
that the fatter grain cometh first. The earliest
fruits are strawberries, cherries, gooseberries, cur-
rants; and after them early apples, early pears,
apricots, rasps ; and after them damascenes, and
most kind of plums, peaches, &c, and the latest
are apples, wardens, grapes, nuts, quinces, al-
monds, sloes, brier-berries, hips, medlars, services,
cornelians, &c.
578. It is to be noted, that, commonly, trees
that ripen latest blossom soonest ; as peaches, cor-
nelians, sloes, almonds, &c. ; and it seemeth to be
a work of providence that they blossom so soon ;
for otherwise they could not have the sun long
enough to ripen.
579. There be fruits, but rarely, that come twice
a year ; as some pears, strawberries, &c. And it
seemeth they are such as abound with nourish-
ment ; whereby after one period, before the sun
waxeth too weak, they can endure another. The
violet also, amongst flowers, cometh twice a year,
especially the double white ; and that also is a
plant full of moisture. Roses come twice, but it
is not without cutting, as hath been formerly said.
580. In Muscovy, though the corn come not up
till late spring, yet their harvest is as early as
ours. The cause is, for that the strength of the
ground is kept in with the snow; and we see
with us, that if it be a long winter, it is com-
monly a more plentiful year; and after those
kind of winters likewise, the flowers and corn,
which are earlier and later, do come commonly
at once, and at the same time, which trou-
bleth the husbandman many times ; for you shall
have red roses and damask roses come together ;
and likewise the harvest of wheat and barley.
But this happeneth ever, for that the earlier stty-
eth for the later, and not that the later cometh
sooner.
581. There be divers fruit trees in the hot coun-
tries, which have blossoms, and young fruit, and
ripe fruit, almost all the year succeeding one an-
other. And it is said the orange hath the like with
us for a great part of summer, and so also hath the
fig. And no doubt the natural motion of plants is
to have so ; but that either they want juice to
spend, or they meet with the cold of the winter;
and therefore this circle of ripening cannot be but
in succulent plants and hot countries.
582. Some herbs are but annual, and die, root
and all, once a year : as borage, lettuce, cucum-
bers, musk-melons, basil, tobacco, mustard-seed,
and all kinds of corn: some continue many years;
as hyssop, germander, lavender, fennel, &c«
03
TO
NATURAL HISTORY.
Ceht. VI.
The cause of the dying is double ; the first is the j
tenderness and weakness of the seed, which mak-
eth the period in a small time : as it is in borage,
lettuce, cucumbers, corn, &c., and therefore none
of these are hot. The other cause is, for that
some herbs can worse endure cold ; as basil, tobac-
co, mustard-seed. And these have all much heat.
Experiment* in consort touching ike lasting of herbt
and trees.
583. The lasting of plants is most in those that
are largest of body ; as oaks, elm, chestnut, the
loat-tree, &c., and this holdeth in trees ; but in
herbs it is often contrary : for borage, colewort,
pompions, which are herbs of the largest size, are
of small durance ; whereas hyssop, winter-savoury,
germander, thyme, sage, will last long. The
cause is, for that trees last according to the
strength and quantity of their sap and juice, being
well munited by their bark against the injuries of
the air; but herbs draw a weak juice and have a
soft stalk, and therefore those amongst them which
last longest are herbs of strong smell, and with a
sticky stalk.
584. Trees that bear mast, and nuts, are com-
monly more lasting than those that bear fruits,
especially the moister fruits; as oaks, beeches,
chestnuts, walnuts, almonds, pine trees, &c. last
longer than apples, pears, plums, &c. The cause
is, the fatness and oiliness of the sap, which ever
wasteth less than the more watery.
585. Trees that bring forth their leaves late in
the year, and cast them likewise late, are more
lasting than those that sprout their leaves early,
or shed them betimes. The cause is, for that the
late coming forth showeth a moisture more fixed,
and the other loose and more easily resolved. And
the same cause is, that wild trees last longer than
garden trees; and in the same kind, those whose
fruit is acid more than those whose fruit is sweet.
586. Nothing procureth the lasting of trees,
bushes, and herbs, so much as often cutting, for
every cutting causeth a renovation of the juice of
the plant ; that it neither goeth so far, nor riseth
so faintly, as when the plant is not cut; inso-
much as annual plants, if you cut them season-
ably, and will spare the use of them, and suf-
fer them to come up still young, will last more
years than one, as hath been partly touched ; such
as is lettuce, purslane, cucumber, and the like.
And for great trees, we see almost all overgrown
trees in churchyards, or near ancient buildings,
and the like, are pollards, or dottards, and not
trees at their full height.
587. Some experiment would be made, how by
art to make plants more lasting than their ordi-
nary period ; as to make a stalk of wheat, &c. last
a whole year. You must ever presuppose, that
you handle it so as the winter killeth it not, for
we speak only of prolonging the natural period.
I conceive that the rule will hold, that whatso-
ever maketh the herb come later than at its time,
will make it last longer time : it were good to try
it in a stalk of wheat, &c. set in the shade, and
encompassed with a case of wood, not touching
the straw, to keep out open air.
As for the preservation of fruits and plants, as
well upon the tree or stalk, as gathered, we shall
handle it under the title of conservation of bodies.
Experiments in consort touching the several figures
of plants.
588. The particular figures of plants we leave
to their descriptions ;. but some few things in ge-
neral we will observe. Trees and herbs, in the
growing forth of their boughs and branches, are
not figured, and keep no order. The cause is, for
that the sap being restrained in the rind and bark,
breaketh not forth at all, as in the bodies of trees,
and 8 talks of herbs, till they begin to branch ; and
then when they make an eruption, they break
forth casually, where they find best way in the
bark or rind. It is true, that some trees are more
scattered in their boughs ; as sallow-trees, warden-
trees, quince-trees, medlar-trees, lemon-trees, &c.:
some are more in the form of a pyramis, and come
almost to todd ; as the pear-tree, which the critics
will have to borrow his name of wvp fire, orange-
trees, fir-trees, service-trees, lime-trees, &c: and
some are more spread and broad ; as beeches, horn-
beam, &c., the rest are more indifFerent. The cause
of scattering the boughs, is the hasty breaking forth
of the sap ; and therefore those trees rise not in
a body of any height, but branch near the ground.
The cause of the pyramis is the keeping in of the
sap long before it branch ; and the spending of it,
when it beginneth to branch, by equal degrees.
The spreading is caused by the carrying up of
the sap plentifully without expense; and then
putting it forth speedily and at once.
589. There be divers herbs, but no trees, that
may be said to have some kind of order in the
putting forth their leaves ; for they have joints or
knuckles, as it were stops in their germination ;
as have gillyflowers, pinks, fennel, corn, reeds,
and canes. The cause whereof is, for that the
sap ascendeth unequally, and doth, as it were,
tire and stop by the way. And it seemeth they
have some closeness and hardness in their stalk,
which hindercth the sap from going up, until it
hath gathered into a knot, and so is more urged
to put forth. And therefore they are most of
them hollow when the stalk is dry, as fennel-stalk,
stubble, and canes.
590. Flowers have all exquisite figures ; and
the flower numbers are chiefly five, and four ; as
in primroses, brier-roses, single musk roses, single
pinks, and gillyflowers, &c, which have five
leaves: lilies, flower-de-luces, borage, bugloss,
&c, which have four leaves. But some put forth
leaves not numbered ; but they are ever small
ones ; as mary golds, trefoils, &c. We see also.
Cbht. VL
NATURAL HISTORY.
79
that the sockets and supporters of flowers are
figured; as in the five brethren of the rose,
sockets of gillyflowers, &c. Leaves also are
all figured ; some round ; some long ; none square ;
and many jagged on the sides : which leaves of
flowers seldom are. For 1 account the jagging
of pinks and gillyflowers to be like the inequality
of oak leaves, or vine leaves, or the like : but
they seldom or never have any small purls.
Experiment* in consort touching some principal dif-
ferences in plant*.
591. Of plants, some few put forth their blos-
soms before their leaves ; as almonds, peaches,
cornelians, black thorn, &c. ; but most put forth
some leaves before their blossoms; as apples,
pears, plums, cherries, white thorn, &c. The
cause is, for that those that put forth their blos-
soms first, have either an acute and sharp spirit,
and therefore commonly they all put forth early
in the spring, and ripen very late; as most of
the particulars before mentioned, or else an oily
juice, which is apter to put out flowers than leaves.
592. Of plants, some are green all winter;
others cast their leaves. There are green all
winter, holly, ivy, box, fir, yew, cypress, juniper,
bays, rosemary, &c. The cause of the holding
green, is the close and compact substance of their
leaves, and the pedicles of them. And the cause
of that again is, either the tough and viscous juice
of the plant, or the strength and heat thereof.
Of the first sort is holly, which is of so viscous a
juice as they make birdlime of the bark of it.
The stalk of ivy is tough, and not fragile, as we
see in other small twigs dry. Fir, yieldeth pitch.
Box is a fast heavy wood, as we see it in bowls.
Yew is a strong and tough wood, as we see it in
bows. Of the second sort is juniper, which is a
wood odorate, and maketh a hot fire. Bays is
likewise a hot and aromatical wood ; and so is
rosemary for a shrub. As for the leaves, their
density appeareth, in that either they are smooth
and shining, as in bays, holly, ivy, box, &c, or in
that they are hard and spiry, as in the rest. And
trial would be made of grafting of rosemary, and
bays, and box, upon a holly-stock, because they
are plants that come all winter. It were good to
try it also with grafts of other trees, either fruit
trees, or wild trees, to see whether they will not
yield their fruit, or bear their leaves later and
longer in the winter; because the sap of the
holly putteth forth most in the winter. It may
be also a mezerion-tree, grafted upon a holly, will
prove both an earlier and a greater tree.
593. There be some plants that bear no flower
and yet bear fruit ; there be some that bear flowers
and no fruit; there be some that bear neither
flowers nor fruit. Most of the great timber trees,
as oaks, beeches, &c. bear no apparent flowers ;
some few likewise of the fruit trees, as mulberry,
walnut, &c.» and some shrubs, as juniper, holly,
&c., bear no flowers. Divers herbs also bear
seeds, which is as the fruit, and yet bear no
flowers, as purslane, &c. Those that bear flowers
and no fruit are few, as the double cherry, the
sallow, &c. But for the cherry, it is doubtful
whether it be not by art or culture ; for if it be
by art, then trial would be made, whether apple
and other fruit blossoms may not be doubled.
There are some few that bear neither fruit nor
flower, as the elm, poplars, box, brakes, &c
594. There be some plants, that shoot still up-
wards and can support themselves, as the great-
est part of trees and plants ; there be some other
that creep along the ground, or wind about other
trees or props, and cannot support themselves,
as vines, ivy, brier, briony, woodbines, hops,
climatis, camomile, &c. The cause is, as hath
been partly touched, for that all plants naturally
move upwards ; but if the sap put up too fast, it
maketh a slender stalk, which will not support
the weight; and therefore these latter sort are all
swift and hasty comers.
Experiment* in consort touching all manner of com-
posts, and help* of ground,
595. The first and most ordinary help is ster-
coration. The sheep's dung is one of the best;
and next the dung of kine: and thirdly, that of
horses, which is held to be somewhat too hot
unless it be mingled. That of pigeons for a gar-
den, as a small quantity of ground, excelleth.
The ordering of dung is, if the ground be arable,
to spread it immediately before the ploughing
and sowing ; and so to plough it in : for if you
spread it long before, the sun will draw out much
of the fatness of the dung : if the ground be graz-
ing ground, to spread it somewhat late towards
winter, that the sun may have the less power to
dry it up. As for special composts for gardens,
as a hot bed, &c. we have handled them before.
596. The second kind of compost is, the
spreading of divers kinds of earths ; as marie,
chalk, sea sand, earth upon earth, pond earth ; and
the mixtures of them. Marie is thought to be
the best, as having most fatness ; and not heating
the ground too much. The next is sea sand,
which no doubt obtaineth a special virtue by the
salt ; for salt is the first rudiment of life. Chalk
over-heateth the ground a little ; and therefore is
best upon cold clay grounds, or moist grounds ;
but I heard a great husband say, that it was a
common error, to think that chalk helpeth arable
ground, but helpeth not grazing grounds ; where-
as, indeed, it helpeth grass as well as corn : but
that which breedeth the error is, because after
the chalking of the ground they wear it out with
many crops without rest, and then indeed after-
wards it will bear little grass, because the ground
is tired out. It were good to try the laying of
chalk upon arable grounds a little while before
ploughing; and to plough it in as they do the
80
NATURAL HISTORY.
Cwrr. VI.
dung; but then it must ho friable first by rain or
lying. As for earth, it composeth itself; for I
knew a great garden that had a field, in a manner,
poured upon it, and it did bear fruit excellently
the first year of the planting : for the surface of
the earth is ever the fruitfulest. And earth so
prepared hath a double surface. But it is true,
as I conceive, that such earth as hath saltpetre
bred in it, if you can procure it without too much
charge, doth excel. The way to hasten the breed-
ing of saltpetre, is to forbid the sun, and the
growth of vegetables. And therefore if you make
a large hovel, thatched, over some quantity of
ground ; nay, if you do but plank the ground over,
it will breed saltpetre. As for pond earth, or
river earth, it is a very good compost; especially
if the pond have been long uncleansed, and so
the water be not too hungry : and I judge it will
bo yet better if there be some mixture of chalk.
597. The third help of ground is, by some
other substances that have a virtue to make ground
fertile, though they be not merely earth ; where-
in ashes excel ; insomuch as the countries about
./Etna and Vesuvius have a kind of amends made
them, for the mischief the irruptions many times
do, by the exceeding fruitfulness of the soil, caus-
ed by the ashes scattered about. Soot also,
though thin spread in a field or garden, is tried
to bo a very good compost. For salt, it is too
costly ; but it is tried, that mingled with seed-
corn, and sown together, it doth good : and I am
of opinion, that chalk in powder, mingled with
seed-corn, would do good ; perhaps as much as
chalking the ground all over. As for the steep-
ing of the seeds in several mixtures with water
to give them vigour, or watering grounds with
compost water, we have spoken of them before.
598. The fourth help of ground is, the suffering
of vegetables to die into the ground, and so to
fatten it ; as the stubble of corn, especially peas.
Brakes cast upon the ground in the beginning of
winter will make it very fruitful. It were good
also to try whether leaves of trees swept together,
with some chalk and dung mixed, to give them
more heart, would not make a good compost; for
there is nothing lost so much as leaves of trees ;
and as they lie scattered, and without mixture,
they rather make the ground sour than otherwise.
599. The fifth help of ground is, heat and
warmth. It hath been anciently practised to burn
heath, and ling, and sedge, with the vantage of the
wind, upon the ground. We see that warmth
of walls and inclosures mendeth ground : we see
also, that lying open to the south mendeth ground:
we see again, that the foldings of sheep help
ground, as well by their warmth as by their
compost: and it may be doubted whether the
covering of the ground with brakes in the begin-
ning of the winter, whereof we spake in the last
experiment, helpeth it not, by reason of the
warmth. Nay, some very good husbands do sus-
pect, that the gathering up of flints in flinty
ground, and laying them on heaps, which is
much used, is no good husbandry, for that they
| would keep the ground warm.
600. The sixth help of grounds is by watering
and irrigation, which is in two manners ; the one
by letting in and shutting out waters at season-
able times : for water, at some seasons, and with
reasonable stay, doth good; but at some other
seasons, and with too long stay, doth hurt : and
this serveth only for meadows which are along
some river. The other way is, to bring water
from some hanging grounds where there are
springs, into the lower grounds, carrying it in
some long furrows; and from those furrows,
drawing it traverse to spread the water. And
this maketh an excellent improvement, both for
corn and grass. It is the richer, if those hanging
grounds be fruitful, because it washeth off some
of the fatness of the earth ; but howsoever it pro-
fiteth much. Generally where there are great
overflows in fens, or the like, the drowning of
them in the winter maketh the summer following
more fruitful : the cause may be, for that it keep-
eth the ground warm, and nourisheth it. But
the fen-men hold, that the sewers must be kept
so as the water may not stay too long in the
spring till the weeds and sedge be grownup;
for then the ground will be like a wood, which
keepeth out the sun, and so continueth the wet;
whereby it will never graze to purpose that year.
Thus much for irrigation. But for avoidances, and
drainings of water, where there is too much, and
the helps of ground in that kind, we shall speak
of them in another place.
Cbht. VEL
NATURAL HISTORY.
81
CENTURY VII.
Experiment* in consort touching the qffimties and
difference* between plants and animate bodies,
601. The differences between animate and in-
animate bodies, we shall handle fully under the
title of life, and living spirits, and powers. We
shall therefore make but a brief mention of them
in this place. The main differences are two. All
bodies have spirits, and pneumatical parts within
them : but the main differences between animate
and inanimate are two : the first is, that the spirits
of things animate are all continued with them-
selves, and are branched in veins, and secret
canals, as blood is : and in living creatures, the
spirits have not only branches, but certain cells or
seats, where the principal spirits do reside, and
whereunto the rest do resort; but the spirits
in things inanimate are shut in, and cut off
by the tangible parts, and are not pervious
one to another, as air is in snow. The second
main difference is, that the spirits of animate bo-
dies are all in some degree, more or less, kindled
sod inflamed; and have a fine commixture of
flame, and an aerial substance. But inanimate
bodies have their spirits no whit inflamed or kin-
dled. And this difference consisteth not in the
heat or coolness of spirits ; for cloves and other
spices, naphtha and petroleum, have exceeding hot
spirits, hotter a great deal than oil, wax, or tal-
low, &c., but not inflamed. And when any of
those weak and temperate bodies come to be in-
flamed, then they gather a much greater heat than
others have uninflamed, besides their light and
motion, &c.
602. The differences, which are secondary, and
proceed from these two radical differences, are,
first, plants are all figurate and determinate, which
inanimate bodies are not ; for look how far the
spirit is able to spread and continue itself, so far
goeth the shape of figure, and then is determined.
Secondly, plants do nourish, inanimate bodies do
not ; they have an accretion, but no alimentation.
Thirdly, plants have a period of life, which in-
animate bodies have not. Fourthly, they have a
succession and propagation of their kind which is
not in bodies inanimate.
603. The differences between plants, and me-
tals or fossils, besides those four before-men-
tioned, for metals I hold inanimate, are these;
first, metals are more durable than plants ; se-
condly, they are more solid and hard ; thirdly,
they are wholly subterrany ; whereas plants are
part above earth and part under earth.
604. There be very few creatures that partici-
pate of the nature of plants and metals both ;
coral is one of the nearest of both kinds : another is
vitriol, for that is aptest to sprout with moisture.
605. Another special affinity is between plants
Vol. 1L—U
and mould or putrefaction ; for all putrefaction, if
it dissolve not in arefaction, will in the end issue
into plants or living creatures bred of putrefac-
tion. I account moss, and mushrooms, and aga-
ric, and other of those kinds, to bo but moulds
of the ground, walls, and trees, and the like.
As for flesh, and fish, and plants themselves, and
a number of other things, after a mouldiness, or
rottenness, or corrupting, they will fall to breed
worms. These putrefactions, which have affinity
with plants, have this difference from them : that
they have no succession or propagation, though
they nourish, and have a period of life, and have
likewise some figure.
606. I left once by chance a citron cut, in a
close room, for three summer months that I was
absent ; and at my return there were grown forth,
out of the pith cut, tufts of hairs an inch long,
with little black heads, as if they would have
been some herb.
Experiments in consort touching the affinities and
differences of plants and living creatures^ and the
confiners and participles of them,
607. The affinities and differences between
plants and living creatures are these that follow.
They have both of them spirits continued, and
branched, and also inflamed. But first in living
creatures, the spirits have a cell or seat, which
plants have not : as was also formerly said. And
secondly, the spirits of living creatures hold more
of flame than the spirits of plants do. And these
two are the radical differences. For the secondary
differences, they are as follow: — First plants
are all fixed to the earth, whereas all living crea-
tures are severed, and of themselves. Secondly,
living creatures have local motion, plants have not.
Thirdly, living creatures nourish from their upper
parts, by the mouth chiefly ; plants nourish from be-
low, namely, from the roots. Fourthly, plants have
their seed and seminal parts uppermost ; living
creatures have them lowermost ; and therefore it
was said, not elegantly alone, but philosophi-
cally ; " Homo est planta inversa ;" Man is like
a plant turned upwards : for the root in plants is
as the head in living creatures. Fifthly, living
creatures have a more exact figure than plants.
Sixthly, living creatures have more diversity of
organs within their bodies, and, as it were, in-
ward figures, than plants have. Seventhly, liv-
ing creatures have sense, which plants have
not. Eighthly, living creatures have voluntary
motion, which plants have not.
608. For the difference of sexes in plants they
are oftentimes by name distinguished, as male-
piony, female-piony, male-rosemary, female-rose-
mary, he-holly, she-holly, &c.; but generation by
NATURAL HISTORY.
Cwrr. VIL
copulation certainly extendeth not to plants. The
nearest approach of it is between the he-palm and
the she-palm, which, as they report, if they grow
near, incline the one to the other, insomuch as that,
which is more strange, they doubt not to report,
that to keep the trees upright from bending, they
tie ropes or lines from the one to the other, that
the contact might be enjoyed by the contact of
a middle body. But this may be feigned, or at
least amplified. Nevertheless 1 am apt enough
to think, that this same binarium of a stronger
and a weaker, like unto masculine and feminine,
doth hold in all living bodies. It is confounded
sometimes, as in some creatures of putrefaction,
wherein no marks of distinction appear : and it is
doubled sometimes, as in hermaphrodites: but ge-
nerally there is a degree of strength in most species.
609. The participles or confinere between plants
and living creatures, are such chiefly as are fixed,
and have no local motion of remove, though they
have a motion in their parts, such as are oysters,
cockles, and such like. There is a fabulous nar-
ration, that in the northern countries there should
be an herb that groweth in the likeness of a lamb,
and feedeth upon the grass, in such sort as it will
bare the grass round about. But I suppose that
the figure maketh the fable ; for so, we see, there
be bee-flowers, &c. And as for the grass, it seem-
eth the plant having a great stalk and top doth
prey upon the grass a good way about, by draw-
ing the juice of the earth from it.
Experiment* promiscuous touching plants,
610. The Indian fig boweth its roots down so
low in one year, as of itself it taketh root again,
and so multiplieth from root to root, making of
one tree a kind of wood. The cause is the plenty
of the sap, and the softness of the stalk, which
maketh the bough, being over-loaden, and not
stiffly upheld, weigh down. It hath leaves as
broad as a little target, but the fruit no bigger
than beans. The cause is, for that the continual
shade increaseth the leaves, and abateth the fruit,
which nevertheless is of a pleasant taste. And
that no doubt is caused by the suppleness and
gentleness of the juice of that plant, being that
which maketh the boughs also so flexible.
611. It is reported by one of the ancients, that
there is a certain Indian tree, having few but very
great leaves, three cubits long and two broad, and
that the fruit, being of good taste, groweth out
of the bark. It may be, there be plants that pour
out the sap so fast, as they have no leisure either
to divide into many leaves, or to put forth stalks
to the fruit. With us, trees, generally, have
small leaves in comparison. The fig hath the
greatest; and next it the vine, mulberry, and
sycamore, and the least are those of the willow,
birch, and thorn. But there be found herbs with
far greater leaves than any tree ; as the bur, gourd,
encumber, and colewort. The cause is, like to
that of the Indian fig, the hasty and plentiful
putting forth of the sap.
612. There be three things in use for sweet-
ness ; sugar, honey, manna. For sugar, to the
ancients it was scarce known, and little used.
It is found in canes : Query, whether to the first
knuckle, or further up 1 And whether the very
bark of the cane itself do yield sugar or no % For
honey, the bee maketh it, or gathereth it; but I
have heard from one that was industrious in hus-
bandry, that the labour of the bee is about the
wax ; and that he hath known in the beginning
of May honeycombs empty of honey ; and with-
in a fortnight, when the sweet dews fall, filled
like a cellar. It is reported also by some of the
ancients, that there is a tree called occhus, in the
valleys of Hyrcania, that distilleth honey in the
mornings. It is not unlike that the sap and tears
of some trees may be sweet. It may be also,
that some sweet juices, fit for many uses, may be
concocted out of fruits, to the thickness of honey,
or perhaps of sugar ; the likeliest are raisins of
the sun, figs, and currants ; the means may be in-
quired.
613. The ancients report of a tree by the Per-
sian sea, upon the shore sands, which is nourish-
ed with the salt water; and when the tide ebbeth,
you shall see the roots as it were bare without
bark, being as it seemeth corroded by the salt,
and grasping the sands like a crab ; which ne-
vertheless beareth a fruit. It were good to try
some hard trees, as a service-tree, or fir-tree, by
setting them within the sands.
614. There be of plants which they use for
garments, these that follow : hemp, flax, cotton,
nettles, whereof they make nettle-cloth, sericum,
which is a growing silk ; they make also cables
of the bark of lime trees. It is the stalk that
maketh the filaceous matter commonly; and some-
times the down that groweth above.
615. They have in some countries a plant of
a rosy colour, which shutteth in the night, open-
eth in the morning, and openeth wide at noon ;
which the inhabitants of those countries say is a
plant that sleepeth. There be sleepers enough
then ; for almost all flowers do the like.
616. Some plants there are, but rare, that have
a mossy or downy root; and likewise that have a
number of threads, like beards, as mandrakes,
whereof witches and impostors make an ugly
image, giving it the form of a face at the top of the
root, and leaving those strings to make a broad
beard down to the foot. Also there is a kind of
nard in Crete, being a kind of phu, that hath a
root hairy, like a rough-footed dove's foot. So
as you may see, there are of roots, bulbous roots,
fibrous roots, and hirsute roots. And, I take it,
in the bulbous, the sap hasteneth most to the air
and sun ; in the fibrous, the sap delighteth more
in the earth, and therefore putteth downward; and
the hirsute is a middle between both, that besides
cbnt. vn.
NATURAL HISTORY.
88
the putting forth upwards and downwards put-
teth forth in round.
617. There are some tears of trees, which are
combed from the beards of goats : for when the
goats bite and crop them, especially in the morn-
ings, the dew being on, the tear cometh forth,
and hangeth upon their beards : of this sort is
some kind of laudanum.
618. The irrigation of the plane-tree by wine,
ia reported by the ancients to make it fruitful.
It would be tried likewise with roots ; for upon
seeds it worketh no great effects.
619. The way to carry foreign roots a long
way, is to vessel them close in earthen vessels.
Bat if the vessels be not very great, you must
make some holes in the bottom, to give some re-
freshment to the roots ; which, otherwise, as it
seemeth, will decay and suffocate.
620. The ancient cinnamon was, of all other
plants, while it grew, the dryest, and those things
which are known to comfort other plants did
make that more sterile ; for in showers it pros-
pered worst: it grew also amongst bushes of
other kinds, where commonly plants do not thrive,
neither did it love the sun. There might be one
cause of all those effects; namely, the sparing
nourishment which that plant required. Query,
how far cassia, which is now the substitute of
cinnamon, doth participate of these things 1
621. It is reported by one of the ancients, that
cassia, when it is gathered, is put into the skins of
beasts newly flayed ; and that the skins corrupting
and breeding worms, the worms do devour the pith
and marrow of it, and so make it hollow, but meddle
not with the bark, because to them it is bitter.
622. There were in ancient time vines of far
greater bodies than we know any, for there have
been caps made of them, and an image of Jupiter.
But it is like they were wild vines ; for the vines
that they use for wine, are so often cut, and so
much digged and dressed, that their sap spend eth
into the grapes, and so the stalk cannot increase
much in bulk. The wood of vines is very dura-
ble, without rotting. And that which is strange,
though no tree hath the twigs, while they are
green, so brittle, yet the wood dried is extreme
tough, and was used by the captains of armies
amongst the Romans for their cudgels.
623. It is reported, that in some places vines
are suffered to grow like herbs, spreading upon
the ground, and that the grapes of those vines are
very great. It were good to make trial, whether
plants that use to be borne up by props will not put
forth greater leaves and greater fruits if they be laid
along the ground ; as hops, ivy, woodbine, &c.
624. Quinces, or apples, &c., if you will keep
them long, drown them in honey ; but because
honey, perhaps, will give them a taste over-lus-
cious, it were good to make trial in powder of
sugar, or in syrup of wine, only boiled to height.
Both these would likewise be tried in oranges,
lemons, and pomegranates; for tlje powder of
sugar, and syrup of wine, will serve for more
times than once.
625. The conservation of fruit would be also
tried in vessels filled with fine sand, or with
powder of chalk; or in meal and flour; or in dust
of oak wood ; or in mill.
626. Such fruits as you appoint for long keep-
ing* you must gather before they be full ripe ;
and in a fair and dry day towards noon; and
when the wind bloweth not south ; and when the
moon is under the earth, and in decrease.
627. Take grapes, and hang them in an empty
vessel well stopped ; and set the vessel not in a
cellar, but in some dry place, and it is said they
will last long. But it is reported by some, they
will keep better in a vessel half full of wine, so
that the grapes touch not the wine.
628. It is reported, that the preserving of the
stalk helpeth to preserve the grapes ; especially if
the stalk be put into the pith of elder, the elder not
touching the fruit.
629. It is reported by some of the ancients, that
fruit put in bottles, and the bottles let down into
wells under water, will keep long.
G30. Of herbs and plants, some are good to
eat raw ; as lettuce, endive, purslane, tarragon,
cresses, cucumbers, musk-melons, radish, &c;
others only after they are boiled, or have passed
the lire ; as parsley, clary, sage, parsnips, turnips,
asparagus, artichokes, though they also being
young are eaten raw : but a number ofherbsarenot
esculent at all ; as wormwood, grass, green corn,
centaury, hyssop, lavender, balm, &c. The causes
are, for that the herbs that are not esculent do
want the two tastes in which nourishment rest-
eth ; which are fat and sweet ; and have, contra-
riwise, bitter and over-strong tastes, or a juice so
crude as cannot be ripened to the degree of nour-
ishment. Herbs and plants that are esculent
raw have fatness, or sweetness, as all esculent
fruits : such are onions, lettuce, &c. But then it
must be such a fatness, (for as for sweet things,
they are in effect always esculent,) as is not over-
gross, and loading of the stomach : for parsnips
and leeks have fatness, but it is too gross and
heavy without boiling. It must be also in a sub-
stance somewhat tender ; for we see wheat, barley,
artichokes, are no good nourishment till they
have passed the fire ; but the fire doth ripen, and
maketh them soft and tender, and so they become
esculent. As for radish and tarragon, and the
like, they are for condiments, and not for nourish-
ment. And even some of those herbs which are
not esculent, are notwithstanding poculent; as
hops, broom, &c. Query, what herbs are good for
drink besides the two aforenamed ; for that it may,
perhaps, ease the charge of brewing, if they make
beer to require less malt, or make it last longer.
631. Parts fit for the nourishment of man in
plants are, seeds, roots, and fruits ; but chiefly
84
NATURAL HISTORY.
Cnrr. VIL
seeds and roots. For leaves, they give no nou-
rishment at all, or very little : no more do (lowers,
or blossoms, or stalks. The reason is, for that
roots, and seeds, and fruits, inasmuch as all plants
consist of an oily and watery substance com-
mixed, have more of the oily substance, and
leaves, flowers, &c. of the watery. And secondly,
they are more concocted ; for the root which con-
tinued ever in the earth is still concocted by the
earth ; and fruits and grains we see are half a
year or more in concocting ; whereas leaves are
out and perfect in a month.
633. Plants, for the most part, are more strong
both in taste and smell in the seed than in the
leaf and root. The cause is, for that in plants
that are not of a fierce and eager spirit, the virtue
is increased by concoction and maturation, which
is ever most in the seed ; but in plants that are of a
fierce and eager spirit, they are stronger whilst the
spirit is enclosed in the root, and the spirits do but
weaken and dissipate when they come to the air and
sun ; as we see it in onions, garlick, dragon, &c.
Nay, there be plants that have their roots very hot
and aromatical, and their seeds rather insipid, as
ginger. The cause is, as was touched before, for
that the heat of those plants is very dissipable ;
which under the earth is contained and held in ;
but when it cometh to the air it exhaleth.
633. The juices of fruits are either watery or
oily. I reckon among the watery, all the fruits
out of which drink is expressed ; as the grape,
the apple, the pear, the cherry, the pomegranate,
&c. And there are some others which, though
they be not in use for drink, yet they appear to
be of the same nature ; as plums, services, mul-
berries, rasps, oranges, lemons, &c.; and for those
juices that are so fleshy, as they cannot make
drink by expression, yet, perhaps, they may
make drink by mixture of water.
Poculaque adrolatis Imitantur ritea ■orbla.
And it may be hips and brier-berries would do
the like. Those that have oily juice, are olives,
almonds, nuts of all sorts, pine-apples, &c., and
their juices are all inflammable. And you must
observe also, that some of the watery juices, after
they have gathered spirit, will burn and inflame ;
as wine. There is a third kind of fruit that is
sweet, without either sharpness or oiliness : such
as is the fig and the date.
634. It hath been noted, that most trees, and
specially those that bear mast, are fruitful but
once in two years. The cause, no doubt, is the
expense of sap ; for many orchard trees, well
cultured, will bear divers years together.
635. There is no tree, which besides the na-
tural fruit doth bear so many bastard fruits as the
oak doth : for besides the acorn, it beareth galls,
oak apples, and certain oak nuts, which are in-
flammable, and certain oak berries, sticking close
to the body of the tree without stalk. It beareth
also misseltoe, though rarely. The cause of all
these may be, the closeness and solidness of the
wood and pith of the oak, which maketh se?enl
juices find several eruptions. And therefore if
you will devise to make any super-plants, you
must ever give the sap plentiful rising and hard
issue.
636. There are two excrescences which grow
upon trees ; both of them in the nature of mush-
rooms : the one the Romans call boletus; which
groweth upon the roots of oaks, and was one of the
dainties of their table ; the other is medicinal,
that is called agaric, whereof we have spoken be-
fore, which groweth upon the tops of oaks;
though it be affirmed by some, that it groweth
also at the roots. I do conceive, that many ex-
crescences of trees grow chiefly where the tree
is dead or faded ; for that the natural sap of the
tree corrupteth into some preternatural substance.
637. The greater part of trees bear most and
best on the lower boughs ; as oaks, figs, walnuts,
pears, &c.; but some bear best on the top boughs,
as crabs, &c. Those that bear best below, are
such as shade doth more good to than hurt. For
generally all fruits bear best lowest, because the
sap tireth not, having but a short way : and there-
fore in fruits spread upon walls, the lowest are the
greatest, as was formerly said : so it is the shade
that hindereth the lower boughs, except it be in
such trees as delight in shade, or at least bear it
well. And therefore they are either strong trees,
as the oak, or else they have large leaves, as the
walnut and fig, or else they grow in pyramis, as
the pear. But if they require very much sun,
they bear best on the top, as it is in crabs, apples,
plums, &c.
638. There be trees that bear best when they
begin to be old, as almonds, pears, vines, and all
trees that give mast : the cause is, for that all
trees that bear mast have an oily fruit; and young
trees have a more watery juice, and less concocted,
and of the same kind also is the almond. The
pear likewise, though it be not oily, yet it requir-
eth much sap, and well concocted, for we see it
is a heavy fruit and solid, much more than apples,
plums, &c. As for the vine, it is noted, that it
beareth more grapes when it is young; but grapes
that make better wine when it is old ; for that
the juice is better concocted ; and we see that
wine is inflammable, so as it hath a kind of oili-
ness. But the most part of trees, amongst which are
apples, plums, &c. bear best when they are young.
639. There be plants that have a milk in them
when they are cut, as figs, old lettuce, sow-this-
tles, spurge, &c. The cause may be an inception
of putrefaction : for those milks have all an acri-
mony : though one would think they should be
lenitive. For if you write upon paper with the
milk of the fig, the letters will not be seen until
you hold the paper before the fire, and then they
wax brown : which showeth that it is a sharp or
fretting juice : lettuce is thought poisonous, when
Ccmr. vn.
NATURAL HISTORY.
85
it is so old as to have milk ; spurge is a kind of
poison in itself, and as for sow-thistles, though
coneys eat them, yet sheep and cattle will not
touch them : and besides, the milk of them rub-
bed upon warts, in short time weareth them away ;
which showeth the milk of them to be corrosive.
We see also that wheat and other corn, sown, if
you take them forth of the ground before they
sprout, are full of milk, and the beginning of ger-
mination is ever a kind of putrefaction of the seed,
fiuphorbium also hath a milk, though not very
white, which is of a great acrimony : and salla-
dine hath a yellow milk, which hath likewise
much acrimony ; for it cleanseth the eyes. It is
good also for cataracts.
640. Mushrooms are reported to grow, as well
upon the bodies of trees, as upon their roots, or
upon the earth; and especially upon the oak.
The cause is, for that strong trees are towards
such excrescences in the nature of earth ; and
therefore put forth moss, mushrooms, and the
like.
641. There is hardly found a plant that yield-
eth a red juice in the blade or ear ; except it be the
tree that beareth draconis sanguis; which grow-
eth chiefly in the island Socotra : the herb ama-
ranthus, indeed, is red all over ; and brazil is red
in the wood : and so is red sanders. The tree of
the sanguis draconis groweth in the form of a
sugar-loaf. It is like that the sap of that plant
concocteth in the body of the tree. For we see
that grapes and pomegranates are red in the
juice, but are green in the tear : and this maketh
the tree of sanguis draconis lesser towards the
top; because the juice hasteneth not up; and
besides, it is very astringent; and therefore of
slow motion.
642. It is reported that sweet moss, besides
that upon the apple trees, groweth likewise some-
times upon poplars ; and yet generally the poplar
is a smooth tree of bark, and hath little moss.
The moss of the larix-tree burneth also sweet,
and sparkleth in the burning. Query of the
mosses of od orate trees, as cedar, cypress, lig-
num aloes, &c.
643. The death that is most without pain, hath
been noted to be upon the taking of the potion of
hemlock; which in humanity was the form of
execution of capital offenders in Athens. The
poison of the asp, that Cleopatra used, hath some
affinity with it. The cause is, for that the tor-
ments of death are chiefly raised by the strife of
the spirits ; and these vapours quench the spirits
by degrees ; like to the death of an extreme old
man. I conceive it is less painful than opium,
because opium hath parts of heat mixed.
644. There be fruits that are sweet before they
be ripe, as myrobalanes; so fennel seeds are
sweet before they ripen, and after grow spicy.
And some never ripen to be sweet ; as tamarinds,
berberries, crabs, sloes, &c. The cause is, for
that the former kind have much and subtle heat,
which causeth early sweetness; the latter have
a cold and acid juice, which no heat of the sun
can sweeten. But as for the myrobalane, it hath
parte of contrary natures ; for it is sweet and yet
astringent.
645. There be few herbs that have a salt taste ;
and contrariwise all blood of living creatures
hath a saltness. The cause may be, for that
salt, though it be the rudiment of life, yet in
plants the original taste remaineth not ; for yon
shall have them bitter, sour, sweet, biting, but
seldom salt; but in living creatures, all those *
high tastes may happen to be sometimes in the
humours, but are seldom in the flesh or substance,
because it is of a more oily nature; which is not
very susceptible of those tastes, and the saltness
itself of blood is but a light and secret saltness :
and even among plants, some do participate of
saltness, as alga marina, samphire, scurvy grass,
&c. And the report, there is in some of the Indian
seas a swimming plant, which they call salgazus,
spreading over the sea in such sort as one would
think it were a meadow. It is certain, that out
of the ashes of all plants they extract a salt which
they use in medicines.
646. It is reported by one of the ancients, that
there is an herb growing in the water, called lin-
costis, which is full of prickles : this herb putteth
forth another small herb out of the leaf; which is
imputed to some moisture that is gathered between
the prickles, which putrefied by the sun germi-
nateth. But I remember also I have seen, for a
great rarity, one rose grow out of another like
honeysuckles, that they call top and top-gallants.
647. Barley, as appeareth in the malting, be-
ing steeped in water three days, and afterwards
the water drained from it, and the barley turned
upon a dry floor, will sprout half an inch long at
least: and if it be let alone, and not turned, much
more ; until the heart be out. Wheat will do the
same. Try it also with peas and beans. This
experiment is not like that of the orpine and
semper-vive, for there it is of the old store, for
no water is added, but here it is nourished from the
water. The experiment would be farther driven :
for it appeareth already, by that which hath been
said, that earth is not necessary to the first sprout-
ing of plants, and we see that rose-buds set in
water will blow: therefore try whether the
sprouts of such grains may not be raised to a far-
ther degree, as to an herb, or flower, with water
only, or some small commixture of earth : for if
they will, it should seem by the experiments be-
fore, both of the malt and of the roses, that they
will come far faster on in water than in earth ; for
the nourishment is easilier drawn out of water
than out of earth. It may give some light also,
that drink infused with flesh, as that with the
capon, &c., will nourish faster and easilier than
meat and drink together. Try the same experi-
H
NATURAL HISTORY.
C«ht. vn.
ment with roots as well as with grains : as for
example, take a turnip, and steep it a while, and
then dry it, and see whether it will sprout.
648. Malt in the drenching will swell; and
that in such a manner, as after the putting forth
in sprouts, and the drying upon the kiln, there
will be gained at least a bushel in eight, and yet
the sprouts are rubbed off, and there will be a
bushel of dust besides the malt, which I suppose
to be, not only by the loose and open lying of the
parts, but by some addition of substance drawn
from the water in which it was steeped.
649. Malt gathereth a sweetness to the taste,
which appeareth yet more in the wort. The d ul-
ceration of things is worthy to be tried to the full :
for thatdulcoration importeth a degree to nourish-
ment: and the making of things inalimental to
become alimental, may be an experiment of great
profit for making new victual.
650. Most seeds in the growing leave their
husk or rind about the root ; but the onion will
carry it up, that it will be like a cap upon the top
of the young onion. The cause may be, for that
the skin or husk is not easy to break ; as we see
by the pilling of onions, what a holding substance
the skin is.
651. Plants, that have curled leaves, do all
abound with moisture ; which cometh so fast on,
as they cannot spread themselves plain, but must
needs gather together. The weakest kind of
curling is roughness, as in clary and burr. The
second is curling on the sides ; is in lettuce, and
young cabbage : and the third is folding into a
head ; as in cabbage full grown, and cabbage-let-
tuce.
652. It is reported that fir and pine, especially
if they be old and putrefied, though they shine not
as some rotten woods do, yet in the sudden break-
ing they will sparkle like hard sugar.
653. The roots of trees do some of them put
downwards deep into the ground; as the oak,
pine, fir, &c. Some spread more toward the sur-
face of the earth ; as the ash, cypress-tree, olive,
&c. The cause of this latter may be, for that
such trees as love the sun do not willingly de-
scend far into the earth, and therefore they are,
commonly, trees that shoot up much ; for in their
body their desire of approach to the sun maketh
them spread the less. And the same reason under
ground, to avoid recess from the sun, maketh
them spread the more. And we see it cometh to
pass in some trees which have been planted too
deep in the ground, that for love of approach to
the sun, they forsake their first root, and put out
another more towards the top of the earth. And
we see also, that the olive is full of oily juice;
and ash maketh the best fire, and cypress is a
hot tree. As for the oak, which is of the former
sort, it loveth the earth, and therefore groweth
slowly. And for the pine and fir likewise, they
have so much heat in themselves as they need
less the heat of the -sun. There be herbs also
that have the same difference ; as the herb they
call morsus diaboli ; which putteth forth the root
down so low as you cannot pull it up without
breaking ; which gave occasion to the name and
fable ; for that it was said, it was so wholesome
a root, that the devil, when it was gathered, bit
it for envy : and some of the ancients do report,
that there was a goodly fir, which they desired to
remove the whole, that had a root under ground
eight cubits deep ; and so the root came up broken.
654. It hath been observed, that a branch of a
tree, being unbarked some space at the bottom,
and so set into the ground, hath grown; even of
such trees, as if the branch were set with the
bark on, they would not grow ; yet contrariwise
we see, that a tree pared round in the body above
ground will die. The cause may be, for that the
unbarked part draweth the nourishment best, bat
the bark continueth it only.
655. Grapes will continue fresh and moist all
winter long, if you hang them cluster by cluster
in the roof of a warm room ; especially if when
you gather the cluster you take off with the
cluster some of the stock.
656. The reed or cane is a watery plant, and
groweth not but in the water: it hath these pro-
perties : that it is hollow, that it is knuckled both
stalk and root, that being dry, it is more hard and
fragile than other wood, that it putteth forth no
boughs, though many stalks come out of one
root. It diffcreth much in greatness, the smallest
being fit for thatching of houses, and stopping
the chinks of ships better than glue or pitch.
The second bigness is used for angle-rods and
staves; and in China for beating of offenders
upon the thighs. The differing kinds of them
are, the common reed, the cassia fistula, and the
sugar-reed. Of all plants it boweth the easiest,
and riseth again. It seemeth, that amongst plants
which are nourished with mixture of earth and
water, it draweth most nourishment from water;
which maketh it the smoothest of all others in
bark, and the hollowest in body.
657. The sap of trees when they are let blood,
is of differing natures. Some more watery and
clear, as that of vines, of beeches, of pears :
some thick, as apples : some gummy, as cherries :
some frothy, as elms : some milky, as figs. In
mulberries the sap seemeth to be almost towards
the bark only, for if you cut the tree a little into
the bark with a stone, it will come forth ; if you
pierce it deeper with a tool, it will he dry. The
trees which have the moistest juices in their fruit,
have commonly the moistest sap in their body,
for the vines and pears are very moist ; apples
somewhat more spungy; the milk of the fig hath
the quality of the rennet, to gather cheese ; and
so have certain sour herbs wherewith they make
cheese in Lent.
658. The timber and wood are in some trees
Cint. vn.
NATURAL HISTORY.
8T
more clean, in some more knotty, and it is a good
trial to try it by speaking at one end, and laying
the ear at the other : for if it be knotty, the voice
will not pass well. Some have the veins more
varied and chambletted, as oak, whereof wainscot
is made ; maple, whereof trenchers are made :
some more smooth, as fir and walnut : some do
more easily breed worms and spiders, some more
hardly, as it is said of Irish trees : besides there
be a number of differences that concern their
use; as oak, cedar, and chestnut are the best
builders ; some are best for plough-timber, as ash ;
some for piers, that are sometimes wet and some-
times dry, as elm ; some for planchers, as deal ;
some for tables, cupboards, and desks, as walnut;
some for ship timber, as oaks that grow in moist
grounds, for that maketh the timber tough, and
not apt to rift with ordnance ; wherein English
and Irish timber are thought to excel : some for
masts of ships, as fir and pine, because of their
length, 8traightness, and lightness: some for
pale, as oak ; some for fuel, as ash, and so of the
rest.
659. The coming of trees and plants in certain
regions, and not in others, is sometimes casual :
for many have been translated, and have prospered
well ; as damask-roses, that have not been known
in England above a hundred years, and now
are so common. But the liking of plants in cer-
tain soils more than in others is merely natural,
as the fir and pine love the mountains; the pop-
lar, willow, sallow, and alder, love rivers and
moist places; the ash loveth coppices, but is
best in standards alone; juniper loveth chalk,
and so do most fruit trees ; samphire groweth but
upon rocks; reeds and osiers grow where they
are washed with water; the vine loveth sides
of hills, turning upon the south-east sun, &c.
660. The putting forth of certain herbs dis-
covered of what nature the ground where they
put forth is, as wild thyme showeth good feeding-
ground for cattle ; betony and strawberries show
grounds fit for wood ; camomile showeth mellow
grounds fit for wheat. Mustard-seed growing
after the plough, showeth a good strong ground
also for wheat : burnet showeth good meadow,
and the like.
661. There are found in divers countries, some
other plants that grow out of trees and plants,
besides missel toe : as in Syria there is an herb
called cas8ytas, that groweth out of tall trees,
and windeth itself about the same tree where it
groweth, and sometimes about thorns. There is
a kind of polypode that groweth out of trees,
though it windeth not. So likewise an herb
called faunos, upon the wild olive. And an herb
called hippophaeston upon the fuller's thorns:
which, they say, is good for the falling sickness.
663. It hath been observed by some of the
ancients, that howsoever cold and easterly winds
are thought to be great enemies to fruit, yet
nevertheless south winds are also found to do hurt,
especially in the blossoming time, and the more
if showers follow. It seemeth they call forth the
moisture too fast. The west winds are the best.
It hath been observed also, that green and open
winters do hurt trees, insomuch as if two or
three such winters come together, almond-trees
and some other trees will die. The cause is
the same with the former, because the lust of
the earth over-spendeth itself: howsoever some
other of the ancients have commended warm
winters.
663. Snows lying long cause a fruitful year;
for first they keep in the strength of the earth ;
secondly, they water the earth better than rain :
for, in snow, the earth doth, as it were, suck the
water as out of the teat : thirdly, the moisture
of snow is the finest moisture, for it is the froth
of the cloudy waters.
664. Showers, if they come a little before the
ripening of fruits, do good to all succulent and
moist fruits; as vines, olives, pomegranates;
yet it is rather for plenty than for goodness ; for
the best wines are in the driest vintages : small
showers are likewise good for corn, so as parching
heats come not upon them. Generally night
showers are better than day showers, for that the
sun followeth not so fast upon them ; and we see
even in watering by the hand, it is best in sum-
mer time to water in the evening.
665. The differences of earths, and the trial
of them, are worthy to be diligently inquired.
The earth, that with showers doth easiliest soften,
is commended ; and yet some earth of that kind
will be very dry and hard before the showers.
The earth that casteth up from the plough a great
clod, is not so good as that which casteth up a
smaller clod. The earth that putteth forth moss
easily, and may be called mouldy, is not good.
The earth that smelleth well upon the digging,
or ploughing, is commended, as containing the
juice of vegetables almost already prepared.
It is thought by some, that the ends of low rain-
bows fall more upon one kind of earth than upon
another, as it may well be ; for that that earth is
most roscid : and therefore it is commended for
a sign of good earth. The poorness of the herbs,
it is plain, show the poorness of the earth ; and
especially if they be in colour more dark : but
if the herbs show withered or blasted at the top,
it showeth the earth to be very cold ; and so doth
the mossiness of trees. The earth, whereof the
grass is soon parched with the sun, and toasted,
is commonly forced earth, and barren in its own
nature. The tender chessome, and mellow earth
is the best, being mere mould, between the two
extremes of clay and sand, especially if it be not
loamy and binding. The earth, that after rain
will scarce be ploughed, is commonly fruitful:
for it is cleaving and full of juice.
666. It is strange, which is observed by some
NATURAL HISTORY.
Ctirr. VH.
of the ancients, that dust helpeth the fruitful nesa
of trees, and of vines by name ; insomuch as
they cast dust upon them of purpose. It should
seem, that that powdering, when a shower Com-
eth, maketh a kind of soiling to the tree, being
earth and water finely laid on. And they note,
that countries where the fields and ways are
dusty bear the best vines.
667. It is commended by the ancients for an
excellent help to trees, to lay the stalks and leaves
of lupins about the roots, or to plough them into
the ground where you will sow corn. The burn-
ing also of the cuttings of vines, and casting them
upon land, doth much good. And it was gener-
ally received of old, that dunging of grounds
when the west wind bloweth, and in the decrease
of the moon, doth greatly help ; the earth, as it
seemeth, being then more thirsty and open to
receive the dung.
668. The grafting of vines upon vines, as I
take it, is not now in use : the ancients had it,
and that three ways; the first was incision, which
is the ordinary manner of grafting : the second
was terebration through the middle of the stock,
and putting in the cions there: and the third was
pairing of two vines that grow together to the
marrow, and binding them close.
609. The disease and ill accidents of corn are
worthy to be inquired ; and would be more worthy
to be inquired, if it were in men's power to help
them, whereas many of them are not to be reme-
died. The mildew is one of the greatest, which,
out of question, cometh by closeness of air ; and
therefore in hills, or large champaign grounds, it
seldom cometh ; such as is with us York's woald.
This cannot be remedied, otherwise than that in
countries of small enclosure the ground be turned
into larger fields: which I have known to do
good in some farms. Another disease is the
putting forth of wild oats, whereinto corn often-
times, especially barley, doth degenerate. It
happeneth chiefly from the weakness of the grain
that is so wn; for if it be either too old or mouldy,
it will bring forth wild oats. Another disease is
the satiety of the ground ; for if you sow one
ground still with the same corn, I mean not the
same corn that grew upon the same ground, but
the same kind of grain, as wheat, barley, &c.
it will prosper but poorly : therefore besides the
resting of the ground, you must vary the seed.
Another ill accident is from the winds, which
hurt at two times ; at the flowering, by shaking
off the flowers, and at the full ripening, by shaking
out the corn. Another ill accident is drought,
at the spindling of the corn, which with us is
rare, but in hotter countries common ; insomuch
as the word calamitas was first derived from
calamus, when the corn could not get out of the
fltalk. Another ill accident is over-wet at sowing
time, which with us breedeth much dearth, inso-
much as the corn never cometh up ; and many
times they are forced to resow summer com
where they sowed winter corn. Another ill ac-
cident is bitter frosts continued without snow,
especially in the beginning of the winter, after
the seed is new sown. Another disease is worms,
which sometimes breed in the root, and happen
upon hot suns and showers immediately after the
sowing ; and another worm breedeth in the ear
itself, especially when hot suns break often out of
clouds. Another disease is weeds, and they are
such as either choke and over-shadow the corn,
and bear it down, or starve the corn, and deceive
it of nourishment. Another disease is over-rank-
ness of the corn ; which they use to remedy by
mowing it after it is come up, or putting sheep into
it. Another ill accident is laying of corn with
great rains, near or in harvest. Another ill acci-
dent is, if the seed happen to have touched oil,
or any thing that is fat; for those substances
have an antipathy with nourishment of water.
670. The remedies of the diseases of corn
have been observed as followeth. The steeping
of the grain, before sowing, a little time in wine,
is thought a preservative : the mingling of seed
corn with ashes is thought to be good : the sowing
at the wane of the moon is thought to make the
corn sound : it hath not been practised, but it is
thought to be of use to make some miscellane in
corn, as if you sow a few beans with wheat, your
wheat will be the better. It hath been observed
that the sowing of corn with housleek doth good.
Though grain that toucheth oil or fat receiveth
hurt, yet the steeping of it in the dregs of oil,
when it beginneth to putrefy, which they call
amurca, is thought to assure it against worms.
It is reported also, that if corn be mowed, it will
make the grain longer, but emptier, and having
more of the husk.
671. It hath been noted, that seed of a year
old is the best, and of two or three years is
worse, and that which is more old is quite barren;
though, no doubt, some seeds and grains last
better than others. The corn which in the vanning
lieth lowest is the best; and the corn which
broken or bitten retaineth a little yellowness, is
better than that which is very white.
672. It hath been observed, that of all roots
of herbs, the root of sorrel goeth the farthest into
the earth ; insomuch that it hath been known to
go three cubits deep : and that it is the root that
continueth fit longest to be set again, of any root
that groweth. It is a cold and acid herb, that,
as it seemeth loveth the earth, and is not much
drawn by the sun.
673. It hath been observed, that some herbs
like best being watered with salt water ; as radish,
beet, rue, pennyroyal ; this trial would be extended
to some other herbs; especially such as are
strong, as tarragon, mustard-seed, rocket, and the
like.
C74. It is strange that is generally reoeived,
C«fT. VIL
NATURAL HISTORY.
how some poisonous beasts affect odorate and
wholesome herbs ; as that the snake loveth fen-
nel ; that the toad will be much under sage ; that
frogs will be in cinque-foil. It may be it is rather
the shade, or other coverture, that they take liking
in than the virtue of the herb.
675. It were a matter of great profit, save that
I doubt it is too conjectural to venture upon, if
one could discern what corn, herbs, or fruits, are
like to be in plenty or scarcity, by some signs
and prognostic in the beginning of the year: for
as for those that are like to be in plenty, they
may be bargained for upon the ground: as the
old relation was of Thales, who, to show how
easy it was for a philosopher to be rich, when he
foresaw a great plenty of olives, made a monoply of
them. And for scarcity, men may make profit
in keeping better the old store. Long continuance
of snow is believed to make a fruitful year of
corn ; an early winter, or a very late winter, a
barren year of corn : an open and serene winter,
an ill year of fruit, in these we have partly touched
before : but other prognostics of like nature are
diligently to be inquired.
676. There seem to be in some plants singu-
larities, wherein they differ from all other : the
olive hath the oily part only on the outside;
whereas all other fruits have it in the nut or
kernel. The fir hath, in effect, no stone, nut,
or kernel, except you will count the little grains
kernels. The pomegranate and pine-apple have
only amongst fruits grains distinct in several
cells. No herbs have curled leaves but cabbage
and cabbage-lettuce. None have doubled leaves,
one belonging to the stalk, another to the fruit or
seed, but the artichoke. No flower hath that
kind of spread that the woodbine hath. This
may be a large field of contemplation; for it
thoweth that in the frame of nature, there is, in
the producing of some species, a composition of
matter, which happeneth oft, and may be much
diversified : in others, such as happeneth rarely,
and admitteth little variety : for so it is likewise
in beasts : dogs have a resemblance with wolves
and foxes ; horses with asses, kine with baffles,
hares with coneys, &c. And so in birds : kites
and kestrels have a resemblance with hawks;
common doves with ring-doves and turtles ; black-
birds with thrushes and mavises; crows with
ravens, daws, and choughs, &c. But elephants
and swine amongst beasts ; and the bird of para-
dise and the peacock amongst birds ; and some
few others, have scarce any other species that
have affinity with them.
We leave the description of plants, and their
virtues, to herbals, and other like books of natu-
ral history, wherein men's diligence hath been
great, even to curiosity : for our experiments are
only such as do ever ascend a degree to the deriv-
ing of causes, and extracting of axioms, which
we are not ignorant but that some both of the an-
Vol.IL — 19
oient and modern writers have also laboured;
but their causes and axioiris are so full of imagi-
nation, and so infected with the old received
theories, as they are mere inquinations of experi-
ence, and concoct it not.
Experiment solitary touching healing of wounds,
677. It hath been observed by some of the an-
cients, that skins, and especially of rams, newly
pulled off, and applied to the wounds of stripes,
do keep them from swelling and exulcerating,
and likewise heal them and close them up ; and
that the whites of eggs do the same. The cause
is a temperate conglutination, for both bodies are
clammy and viscous, and do bridle the deflux of
humours to the hurts, without penning them in
too much.
Experiment solitary touching fat diffused in flesh,
678. You may turn almost all flesh into a fatty
substance, if you take flesh and cut it into pieces,
and put the pieces into a glass covered with parch-
ment, and so let the glass stand six or seven
hours in boiling water. It may be an experiment
of profit for making of fat or grease for many
uses ; but then it must be of such flesh as is not
edible; as horses, dogs, bears, foxes, badgers,
&c.
Experiment solitary touching ripening of drink
before the time.
679. It is reported by one of the ancients, that
new wine put into vessels well stopped, and the
vessels let down into the sea, will accelerate very
much the making of them ripe and potable. The
same would be tried in wort.
Experiment solitary touching pilosity and plu-
mage.
680. Beasts are more hairy than men, and
savage men more than civil, and the plumage
of birds exceedeth the pilosity of beasts. The
cause of the smoothness in men is not any abun-
dance of heat and moisture, though that indeed
causeth pilosity: but there is requisite to pilosity,
not so much heat and moisture, as excrementitious
heat and moisture ; for whatsoever assimilateth,
goeth not into the hair, and excrementitious
moisture aboundeth most in beasts, and men that
are more savage. Much the same reason is there
of the plumage of birds, for birds assimilate less,
and excern more than beasts, for their excrements
are ever liquid, and their flesh generally more dry ;
besides, they have not instruments for urine ; and
so all the excrementitious moisture goeth into the
feathers; and therefore it is no marvel though
birds be commonly better meat than beasts, be-
cause their flesh doth assimilate more finely, and
secerneth more subtilly. Again, the head of man
hath hair upon the first birth, which no other part
of the body hath. The cause may be want of
h2
NATURAL HISTORY. Cent. YIL
perspiration ; for much of the matter of hair, in so as men may pot their hand under the vessel
the other parts of the body, goeth forth by insen- and remove it. The cause is, for that the moisture
sible perspiration ; and besides, the skull being of of water as it quencheth coals where it entereth,
a more solid substance, nourisheth and assimila- so it doth allay heat where it toucheth : and
teth less, and excerneth more, and so likewise therefore note well, that moisture, although it
doth the chin. We see also, that hair cometh doth not pass through bodies, without communi-
not upon the palms of the hands, nor soles of the cation of some substance, as heat and cold do,
feet ; which are parts more perspirable. And yet it worketh manifest effects ; not by entrance
children likewise are not hairy, for that their of the body, but by qualifying of the heat and
skins are more perspirable. cold ; as we see in this instance : and we see
likewise, that the water of things distilled in
Experiment solitary touching the quickness of water, which they call the bath, differeth not
motion in birds. much from the water of things distilled by fire.
681. Birds are of swifter motion than beasts; We see also, that pewter dishes with water in
for the flight of many birds is swifter than the them will not melt easily, but without it they
race of many beasts. The cause is, for that the will ; nay, we see more, that butter, or oil, which
spirits in birds are in greater proportion, in com- in themselves are inflammable, yet by virtue of
parison of the bulk of their body, than in beasts ; their moisture will do the like,
for as for the reason that some give, that they are
partly carried, whereas beasts go, that is nothing, Experiment solitary touching yawning.
for by that reason swimming should be swifter 685. It hath been noted by the ancients, that
than running: and that kind of carriage also is it is dangerous to pick one's ear whilst he yawn-
not without labour of the wing. eth. The cause is, for that in yawning the
inner parchment of the ear is extended, by the
Experiment solitary touching the different dear- drawing in of ^ 8pirit and breath . for in yawn.
ness of the sea, ln~ an<j 8igrnjngr both, the spirit is first strongly
683. The sea is clearer when the north wind drawn in, and then strongly expelled,
bloweth than when the south wind. The cause is,
for that salt water hath a little oiliness in the sur- Experiment solitary touching the hiccough.
face thereof, as appeareth in very hot days ; and 686 ,t hath been observed b the ^^
again, for that the southern wind relaxeth the ^ meezing doth c^ the hiccough. The
water somewhat; as no water boiling is so clear caujje ^ fa ^ %he motion of ^ hiccough u
as co water. a jj^jng Up 0f tne 8tomach, which sneezing doth
Experiment Hilary touching the different heaU of <">mewhat depress, and divert the motion another
fire and boiling waier 7J- For first we eee that the hiccough cometh
/.o« rv l .u j i_. •* c . i .of fulness of meat, especially in children, which
683. Fire burneth wood, making it first lumi- .. * • r *u • u ~
. ... 1.-, iiili causeth an extension of the stomach : we see
nous, then black and brittle, and lastly, broken , .. • j , - . . ... ...
, \ . A ... ' . A. J * also it is caused by acid meats, or drinks, which
and incinerate : scalding water doth none of . , ., . , . r ., „. _ , . ..
, «,. . - B , . ~ A, is by the pricking of the stomach ; and the
these. The cause is, for that by fire the spirit _ ^ : * „ A *L. ^ . j;„™: u j^
*.._,.- • , / . .f , motion is ceased either by diversion, or by de-
of the body is first refined, and then emitted; . .. r.u „ ... j. v. . . „.
, - . J - . ' . . ' tention of the spirits ; diversion, as in sneezing ;
whereof the refining or attenuation causeth the detenti „ £ 8ee hoWi of the bre>th ^
light, and the emission, first the fragility, and heip somewhat to cease the hiccough ; and put-
after the dissolution into ashes; neither doth .. * n mt%n . . aw% „™„»«. •»..,!« Ju«i. *k« in,*
... , . . . . -, tin? a man into an earnest study doth the lute,
any other body enter: but in water the spirit of M *a comrnonl uged . and vinJ t to ^
the body is not refined so much; and besides, nogtri, of rized doth it a,g60 for ^ it
part of the water entereth, which doth increase .g ^ ■ ^ inMhiteth ^ motion of ^
the spirit, and in a degree extinguish it: therefore . . °
we see that hot water will quench fire. And "
again we see, that in bodies wherein the water Experiment solitary touching sneezing.
doth not much enter, but only the heat passeth, 68? Looki ^n8t the 8un dolh Mwe
hot water worketh the effects of fire, as in eggs 8neezi The cau8e i8i not Ae heati of ^
boiled and roasted, into which the water entereth nogtri,8> fa then the holdi of the no8trilg
not at all, there is scarce difference to be dis- -8t the 8un^ th h one winkf would do it;
cerned ; but in fruit and flesh, whereinto the but the drawi down of the moi8ture of the
water entereth in some part, there is much more brain; fw {t wil, makc the eyeg ron with water;
difference. and tbe drawingr 0f moisture to the eyes doth
Experiment solitary touching the qualification of draw it to the nostrils by motion of consent; and
heat by moisture. so followeth sneezing ; as contrariwise, the
684. The bottom of a vessel of boiling water, tickling of the nostrils within doth draw the.
as hath been observed, is not very much heated, moisture to the nostrils, and to the eyea by con-
Cent, VII.
NATURAL HISTORY.
91
sent; for they also will water. But yet it hath
been observed, that if one be about to sneeze,
the rubbing of the eyes till they run with water
will prevent it. Whereof the cause is, for that
the humour which was descending to the nostrils,
is diverted to the eyes.
Experiment solitary touching the tenderness of the
teeth.
688. The teeth are more by cold drink, or the
like, affected than the other parts. The cause is
double ; the one, for that the resistance of bone
to cold is greater than of flesh, for that the flesh
shrinketh, but the bone resisteth, whereby the
cold becometh more eager : the other is, for that
the teeth are parts without blood ; whereas blood
helpeth to qualify the cold : and therefore we see
that the sinews are much affected with cold, for
that they are parts without blood ; so the bones
in sharp colds wax brittle : and therefore it hath
been seen, that all contusions of bones in hard
weather are more difficult to cure.
Experiment solitary touching the tongue.
689. It hath been noted, that the tongue re-
ceived* more easily tokens of diseases than the
other parts, as of heats within, which appear
loost in the blackness of the tongue. Again,
pyed cattle are spotted in their tongues, &c.
The cause is, no doubt, the tenderness of the
part, which whereby receiveth more easily all
alterations, than any other parts of the flesh.
Experiment solitary touching the taste.
690. When the mouth is out of taste, it maketh
things taste sometimes salt, chiefly bitter, and
sometimes loathsome, but never sweet. The
cause is, the corrupting of the moisture about the
tongue, which many times turneth bitter, and
salt, and loathsome; but sweet never: for the
rest are degrees of corruption.
Experiment solitary touching some prognostics of
pestilential seasons.
691. It was observed in the great plague of the
last year, that there were seen, in divers ditches
and low grounds about London, many toads that
had tails two or three inches long at the least ;
whereas toads usually have no tails at all.
Which argueth a great disposition to putrefaction
in the soil and air. It is reported likewise, that
roots, such as carrots and parsnips, are more
sweet and luscious in infectious years than in
other years.
Experiment solitary touching special simples for
medicines.
692. Wise physicians should with all dili-
gence inquire what simples nature yieldeth that
have extreme subtile parts, without any mordi-
cation or acrimony: for they undermine that
which is hard, they open that which is stopped
and shut, and they expel that which is offensive
gently, without too much perturbation. Of this
kind are elder-flowers, which therefore are proper
for the stone: of this kind is the dwarf-pine,
which is proper for the jaundice : of this kind is
hartshorn, which is proper for agues and infections:
of this kind is piony, which is proper for stop-
pings in the head : of this kind is fumitory, which
is proper for the spleen : and a number of others.
Generally, divers creatures bred of putrefaction,
though they be somewhat loathsome to take, are
of this kind, as earth-worms, timber-sows, snails,
&c. And I conceive that the trochisks of vipers,
which are so much magnified, and the flesh of
snakes some ways condited and corrected, which
of late are grown into some credit, are of the same
nature. So the parts of beasts putrefied, as cas-
toreum and musk, which have extreme subtile
parts, are to be placed amongst them. We see
also, that putrefactions of plants, as agaric and
Jews-ear are of greatest virtue. The cause is,
for that putrefaction is the subtilest of all motions
in the parts of bodies ; and since we cannot take
down the lives of living creatures, which some
of the Paracelsians say, if they could be taken
down, would make us immortal ; the next is for
subtilty of operation, to take bodies putrefied, such
as may be safely taken.
Experiments in consort touching Venus.
693. It hath been observed by the ancients,
that much use of Venus doth dim the sight: and
yet eunuchs which are unable to generate, are
nevertheless also dim-sighted. The cause of
dimness of sight in the former, is the expense of
spirits; in the latter, the over-moisture of the
brain: for the over-moisture of the brain doth
thicken the spirits visual, and obstructeth their
passages, as we see by the decay in the sight in
age, where also the diminution of the spirits con-
curreth as another cause : we see also that blind-
ness cometh by rheums and cataracts. Now in
eunuchs, there are all the notes of moisture, as
the swelling of their thighs, the looseness of their
belly, the smoothness of their skin, &c.
694. The pleasure of the act of Venus is the
greatest of the pleasures of the senses : the
matching of it with itch is improper, though that
also be pleasing to the touch. But the causes
are profound. First, all the organs of the senses
qualify the motions of the spirits, and make so
many several species of motions, and pleasures or
displeasures thereupon, as there be diversities of
organs. The instruments of sight, hearing, taste,
and smell, are of several frame, and so are the
parts for generation. Therefore Scaliger doth
well to make the pleasure of generation a sixth
sense; and if there were any other differing
organs, and qualified perforations for the spirits
to pass, there would be more than the five senses ;
NATURAL HISTORY.
Cnrr. TO-
neither do we well know whether some beasts
sad birds have not senses that we know not;
and the very scent of dogs is almost a sense by
itself. Secondly, the pleasures of the touch are
greater and deeper than those of the otheT senses ;
as we see in wanning upon cold; or refrige-
ration upon heat : for as the pains of the touch
are greater than the offences of other senses ; so
likewise are the pleasures. It is true that the af-
fecting of the spirits immediately, and, as it were,
without an organ, is of the greatest pleasure,
which is but in two things; sweet smells and
wine, and the like sweet vapours. For smells,
we see their great and sudden effect in fetching
men again when they swoon : for drink, it is cer-
tain that the pleasure of drunkenness is next the
pleasure of Venus ; and great joys likewise make
the spirits move and touch themselves : and the
pleasure of Venus is somewhat of the same kind.
695. It hath been always observed that men
are more inclined to Venus in the winter, and
women in the summer. The cause is, for that
the spirits, in a body more hot and dry, as the
spirits of men are, by the summer are more ex-
haled and dissipated ; and in the winter more con-
densed and kept entire ; but in bodies that are
cold and moist as women's are, the summer doth
cherish the spirits, and calleth them forth ; the
winter doth dull them. Furthermore, the absti-
nence, or intermission of the use of Venus in
moist and well habituate bodies, breedeth a num-
ber of diseases : and especially dangerous impos-
thumatioDS. The reason is evident ; for that it is a
principal evacuation, especially of the spirits; for of
the spirits there is scarce any evacuation, but in
Venus and exercise. And therefore the omission
of either of them breedeth all diseases of repletion.
Experiments in consort touching the insecta.
The nature of vi vification is very worthy the in-
quiry : and as the nature of things is commonly
better perceived in small than in great; and in
imperfect than in perfect ; and in parts than in
whole ; so the nature of vivification is best inquired
in creatures bred of putrefaction. The contem-
plation whereof hath many excellent fruits.
First, in disclosing the original vivification. Se-
condly, in disclosing the original of figuration.
Thirdly, in disclosing many things in the nature
of perfect creatures, which in them lie more
hidden. And fourthly, in traducing, by way of
operation, some observations on the insecta, to
work effects upon perfect creatures. Note, that
the word insecta agreeth not with the matter, but
we ever use it for brevity's sake, intending by it
creatures bred of putrefaction.
696. The insecta are found to breed out of se-
veral matters : some breed of mud or dung; as the
earthworms, eels, snakes, &c. For they are both
putrefactions : for water in mud doth putrefy, as
not able to preserve itself; and for dung, all ex-
crements are the refuse and putrefaction of nou-
rishment. Some breed in wood, both growing
and cut down. Query y in what woods most, and
at what seasons 1 We see that the worms with
many feet, which round themselves into balls, are
bred chiefly under logs of timber, but not in the
timber ; and they are said to be found also many
times in gardens, where no logs are. But it
seemeth their generation requireth a coverture,
both from sun and rain or dew, as the timber is ;
and therefore they are not venemous, but contra-
riwise are held by the physicians to clarify the
blood. It is observed also, that cimices are found
in the holes of bedsides. Some breed in the
hair of living creatures, as lice and tikes ; which
are bred by the sweat close kept, and somewhat
arefied by the hair. The excrements of living
creatures do not only breed insecta when they
are excerned, but also while they are in the body ;
as in worms, whereto children are most subject,
and are chiefly in the guts. And it hath been
lately observed by physicians, that in many pes-
tilent diseases, there are worms found in the
upper parts of the body, where excrements are
not, but only humours putrefied. Fleas breed
principally of straw or mats, where there ham
been little moisture; or the chamber and bed-
straw kept close and not aired. It is received,
that they are killed by strewing wormwood in
the rooms. And it is truly observed, that bitter
things are apt rather to kill, than engender putre-
faction ; and they be things that are fat or sweet
that are aptest to putrefy. There is a worm that
breedeth in meal, of the shape of a large white mag-
got, which is given as a great dainty to nightin-
gales. The moth breedeth upon cloth and other la-
nifices ; especially if they be laid up dankish and
wet. It delighteth to be about the name of a
candle. There is a worm called a wevil, bred
under ground, and that feedeth upon roots : as
parsnips, carrots, &c. Some breed in waters,
especially shaded, but they must be standing
waters ; as the water-spider that hath six legs.
The fly called the gad-fly, breedeth of somewhat
that swimmeth upon the top of the water, and
is most about ponds. There is a worm that breed-
eth of the dregs of wine decayed ; which after-
wards, as is observed by some of the ancients,
turneth into a gnat. It hath been observed by
the ancients, that there is a worm that breedeth
in old snow, and is of colour reddish, and dull of
motion, and dieth soon after it cometh out of the
snow. Which should show, that snow hath in
it a secret warmth ; for else it could hardly vivify.
And the reason of the dying of the worm, may
be the sudden exhaling of that little spirit, as
soon as it cometh out of the cold, which had
shut it in. For as butterflies quicken with heat,
which were benumbed with cold ; so spirits may
. exhale with heat, which were preserved in cold.
It is affirmed both by the ancient and modem
Cnrr. VH.
NATURAL HISTORY.
observation, tint in furnaces of copper and brass,
where cbalcites, which is vitriol, is often cast in
to mend the working, there riseth suddenly a fly,
which sometimes moveth as if it took hold of the
walls of the furnace : sometimes is seen moving
in the fire below ; and dieth presently as soon as
it is out of the furnace : which is a noble instance,
and worthy to be weighed ; for it showeth, that
as well violent heat of fire, as the gentle heat of
living creatures, will vivify, if it have matter pro-
portionable. Now the great axiom of vivifica-
tion is, that there must be heat to dilate the spirit
of the body ; an active spirit to be dilated ; matter
viscous or tenacious to hold in the spirit ; and
that matter to be put forth and figured. Now a
spirit dilated by so ardent a fire as that of the
furnace, as soon as ever it cooleth never so little,
congealeth presently. And, no doubt, this action
is furthered by the chalcites, which hath a spirit
that will put forth and germinate, as we see in
chymical trials. Briefly, most things putrefied
bring forth insecta of several names ; but we will
not take upon us now to enumerate them all.
697. The insecta have been noted by the an-
cients to feed little : but this hath not been dili-
gently observed ; for grasshoppers eat up the green
of whole countries ; and silk-worms devour leaves
swiftly; and ants make great provision. It is
true, that creatures that sleep and rest much, eat
little; as dormice and bats, &c. They are all
without blood : which may be, for that the juice
of their bodies is almost all one ; not blood, and
flesh, and skin, and bone, as in perfect creatures ;
the integral parts have extreme variety, but the
similar parts little. It is true, that they have,
some of them, a diaphragm and an intestine ; and
they have all skins ; which in most of the insecta
are cast often. They are not generally of long
life ; yet bees have been known to live seven years ;
and snakes are thought, the rather for the casting
of their spoil, to live till they be old : and eels,
which many times breed of putrefaction, will live
and grow very long : and those that interchange
from worms to flies in the summer, and from flies
to worms in the winter, have been kept in boxes
four years at the least. Yet there are certain
flies that are called ephemera that live but a day.
The cause is the exility of the spirit, or perhaps
the absence of the sun ; for that if they were
brought in, or kept close, they might live longer.
Many of the insecta, as butterflies and other
flies, revive easily when they seem dead, being
brought to the sun or fire. The cause whereof
is the diffusion of the vital spirit, and the easy
dilating of it by a little heat. They stir a good
while after their heads are off, or that they be cut
in pieces; which is caused also, for that their
vital spirits are more diffused throughout all their
parts, and less confined to organs than in perfect
creatures.
098. The insect* have voluntary motion, and
therefore imagination ; and whereas some of the
ancients have said, that their motion is indeter-
minate, and their imagination indefinite, it is negw
ligently observed; for ants go right forward to
their hills, and bees do admirably know the way
from a flowery heath two or three miles off to
their hives. It may be, gnats and flies have
their imagination more mutable and giddy, as
small birds likewise have. It is said by some
of the ancients, that they have only the sense of
feeling, which is manifestly untrue : for if they
go forth right to a place, they must needs have
sight ; besides, they delight more in one flower or
berb than in another, and therefore have taste:
and bees are called with sound upon brass, and
therefore they have hearing ; which showeth like-
wise, that though their spirit be diffused, yet there
is a seat of their senses in their head.
Other observations concerning the insecta, to-
gether with the enumeration of them, we refer to
that place, where we mean to handle the title of
animals in general.
Experiment solitary touching leaping.
699. A man leapeth better with weights in his
hands than without. The cause is, for that the
weight, if it be proportionable, strengthened the
sinews by contracting them. For otherwise,
where no contraction is needful, weight hinder-
eth. As we see in horse-races, men are curious
to foresee, that there be not the least weight upon
the one horse more than upon the other. In leap-
ing with weights the arms are first cast back-
wards, and then forwards, with so much the
greater force ; for the hands go backward before
they take their rise. Query, if the contrary mo-
tion of the spirits, immediately before the motion
we intend, doth not cause the spirits as it were
to break forth with more force 1 as breath also,
drawn and kept in, cometh forth more forcibly :
and in casting of any thing, the arms, to make a
greater swing, are first cast backward.
Experiment solitary touching the pleasures and dis-
pleasures of the senses, especially of hearing.
700. Of musical tones and unequal sounds we
have spoken before; but touching the pleasure
and displeasure of the senses, not so fully. Harsh
sounds, as of a saw when it is sharpened ; grind-
ing of one stone against another ; squeaking or
shrieking noise; make a shivering or horror in
the body, and set the teeth on edge. The cause
is, for that the objects of the ear do affect the
spirits, immediately, most with pleasure and
offence. We see there is no colour that affect-
eth the eye much with displeasure: there be
sights that are horrible, because they excite the
memory of things that are odious or fearful ; but
the same things painted do little affect. As for
smells, tastes, and touches, they be things that
do affect by a participation or impulsion of the
94
NATURAL HISTORY.
Cent. VOL
body of the object. So it is sound alone that
doth immediately and incorporeally affect most;
this is most manifest in music, and concords and
discords in music ; for all sounds, whether they
be sharp or flat, if they be sweet, have a round-
ness and equality ; and if they be harsh, are un-
equal ; for a discord itself is but a harshness of
divers sounds meeting. It is true that inequality
not stayed upon, but passing, is rather an increase
of sweetness ; as in the purling of a wreathed
string ; and in the raucity of a trumpet ; and in
the nightingale-pipe of a regal ; and in a discord
straight falling upon a concord ; but if you stay
upon it, it is offensive: and therefore there be
these three degrees of pleasing and displeasing in
sounds, sweet sounds, discords, harsh sounds,
which we call by divers names, as shrieking or
grating, such as we now speak of. As for the set-
ting of the teeth on edge, we see plainly what an
intercourse there is between the teeth and the organ
of the hearing, by the taking of the end of a bow
between the teeth, and striking upon the string.
CENTURY VIII.
Experiment solitary touching veins of medicinal
earth.
701. There be minerals and fossils in great
variety ; but of vein9 of earth medicinal, but few ;
the chief are, terra lemnia, terra sigillata communis,
and bolus armenus ; whereof terra lemnia is the
chief. The virtues of them are, for curing of
wounds, stanching of blood, stopping of fluxes,
and rheums, and arresting the spreading of
poison, infection, and putrefaction: and they
have of all other simples the perfectest and purest
quality of drying, with little or no mixture of
any other quality. Yet it is true, that the bole-
arm oniac is the most cold of them, and that terra
lemnia is the most hot, for which cause the island
Lemnos, where it is digged, was in the old fabu-
lous ages consecrated to Vulcan.
Experiment solitary touching the growth of sponges.
702. About the bottom of the Straits are ga-
thered great quantities of sponges, which are ga-
thered from the sides of rocks, being as it were
a large but tough moss. It is the more to be
noted, because that there be but few substances,
plant-like, that grow deep within the sea; for
they are gathered sometimes fifteen fathom deep :
and when they are laid on shore, they seem to be
of great bulk; but crushed together, will be
transported in a very small room.
Experiment solitary touching sea-fish put in fresh
waters.
703. It seemeth that fish that are used to the
•alt water, do nevertheless delight more in fresh.
We see, that salmons and smelts love to get into
rivers, though it be against the stream. At the
haven of Constantinople you shall have great
quantities of fish that come from the Euxine sea,
that when they come into the fresh water, do in-
ebriate, and turn up their bellies, so as you may
take them with your hand. I doubt there hath
not been sufficient experiment made of putting
sea-fish into fresh water ponds, and pools. It is
a thing of great use and pleasure ; for so you
may have them new at some good distance from
the sea : and besides, it may be, the fish will eat
the pleasanter, and may fall to breed. And it is
said, that Colchester oysters, which are put into
pits, where the sea goeth and cometh, but yet so
that there is a fresh water coming also to them
when the sea voideth, become by that means
fatter, and more grown.
Experiment solitary touching attraction by simili-
tude of substance.
704. The Turkish bow giveth a very forcible
shoot ; insomuch as it hath been known, that the
arrow hath pierced a steel target, or a piece of
brass of two inches thick : but that which is more
strange, the arrow, if it be headed with wood,
hath been known to pierce through a piece of wood
of eight inches thick. And it is certain, that we
had in use at one time, for sea fight, short arrows,
which they called sprights, without any other
heads, save wood sharpened: which were dis-
charged out of musket8,and would pierce through
the sides of ships where a bullet would not pierce.
But this dependeth upon one of the greatest se-
crets in all nature; which is, that similitude of
substance will cause attraction, where the body
is wholly freed from the motion of gravity : for
if that were taken away, lead would draw lead,
and gold would draw gold, and iron would draw
iron, without the help of the loadstone. But this
same motion of weight or gravity, which is a
mere motion of the matter, and hath no affinity
with the form or kind, doth kill the other motion,
except itself be killed by a violent motion, as in
these instances of arrows; for then the motion
of attraction by similitude of substance beginneth
to show itself. But we shall handle this point
of nature fully in due place.
Experiment solitary touching certain drinks in
Turkey.
705. They have in Turkey and the east certain
confections, which they call servets, which are
like to candied conserves, and are made of sugar
Cent. VHJ.
NATURAL HISTORY.
95
and lemons, or sugar and citrons, or sugar and
violets, and some other flowers ; and some mix-
ture of amber for the more delicate persons : and
those they dissolve in water, and therefore make
their drink, because they are forbidden wine by
their law. But I do much marvel, that no Eng-
lishman, or Dutchman, or German, doth set up
brewing in Constantinople; considering they
have such quantity of barley. For as for the
general sort of men, frugality may be the cause
of drinking water : for that it is no small saving
to pay nothing for one's drink : but the better
sort might well be at the cost. And yet I wonder
the less at it, because I see France, Italy, or
Spain, have not taken into use beer or ale ;
which, perhaps, if they did, would better both
their healths and their complexions. It is likely
it would be matter of great gain to any that
should begin it in Turkey.
Experiments in consort touching sweat,
706. In bathing in hot water, sweat, neverthe-
less, cometh not in the parts under the water.
The cause is ; first, for that sweat is a kind of
colliquation, and that kind of colliquation is not
made either by an over-dry heat, or an over-moist
heat: for over-moisture doth somewhat extin-
guish the heat, as we see that even hot water
quencheth fire ; and over-dry heat shutteth the
pores : and therefore men will sooner sweat co-
vered before the sun or fire, than if they stood
naked : and earthen bottles, filled with hot water,
do provoke in bed a sweat more daintily than
brick-bats hot. Secondly, hot water doth cause
evaporation from the skin ; so as it spendeth the
matter in those parts under the water, before it
issueth in sweat. Again, sweat cometh more
plentifully, if the heat be increased by degrees,
than if it be greatest at first, or equal. The
cause is, for that the pores are better opened by
a gentle heat, than by a more violent ; and by
their opening, the sweat issueth more abundantly.
And therefore physicians may do well when they
provoke sweat in bed by bottles, with a decoction
of sudorific herbs in hot water, to make two de-
grees of heat in the bottles ; and to lay in the
bed the less heated first, and after half an hour,
the more heated.
707. Sweat is salt in taste ; the cause is, for
that that part of the nourishment which is fresh
and sweet, turneth into blood and flesh : and the
sweat is only that part which is separate and ex-
cerned. Blood also raw hath some saltness more
than flesh : because the assimilation into flesh is
not without a little and subtile excretion from the
blood.
708. Sweat cometh forth more out of the up-
per parts of the body than the lower ; the reason
ift, because those parts are more replenished with
spirits ; and the spirits are they that put forth
sweat: besides, they are less fleshy, and sweat
issueth, chiefly, out of the parts that are less
fleshy, and more dry ; as the forehead and breast.
709. Men sweat more in sleep than waking;
and yet sleep doth rather stay other fluxions, than
cause them ; as rheums, looseness of the body,
&c. The cause is, for that in sleep the heat and
spirits do naturally move inwards, and there rest.
But when they are collected once within, the heat
becometh more violent and irritate ; and thereby
expelleth sweat.
710. Cold sweats are, many times, mortal, and
near death : and always ill, and suspected : as in
great fears, hypochondriacal passions, &c. The
cause is, for that cold sweats come by a relaxation
or forsaking of the spirits, whereby the moisture
of the body, which heat did keep firm in the parts,
severeth and issueth out.
711. In those diseases which cannot be dis-
charged by sweat, sweat is ill, and rather to be
stayed ; as in diseases of the lungs, and fluxes of
the belly : but in those diseases which are expelled
by sweat, it easeth and lighteneth ; as in agues,
pestilences, &c. The cause is, for that sweat in
the latter sort is partly critical, and sendeth forth
the matter that offendeth : but in the former, it
either proceedeth from the labour of the spirits,
which showeth them oppressed ; or from motion*
of consent, when nature, not able to expel the
disease where it is seated, moveth to an expulsion
indifferent over all the body.
Experiment solitary touching the glow-worm,
712. The nature of the glow-worm is hitherto
not well observed. Thus much we see: that
they breed chiefly in the hottest months of sum-
mer ; and that they breed not in champain, but in
bushes and hedges. Whereby it may be con-
ceived, that the spirit of them is very fine, and not
to be refined but by summer heats : and again,
that by reason of the fineness, it doth easily ex-
hale. In Italy, and the hotter countries, there is
a fly they call lucciole, that shineth as the glow-
worm doth ; and it may be is the flying glow-
worm. But that fly is chiefly upon fens and
marshes. But yet the two former observa-
tions hold ; for they are not seen but in the heat
of summer; and sedge, or other green of the
fens, give as good shade as bushes. It may be
the glow-worms of the cold countries ripen not
so far as to be winged.
Experiments in consort touching the impressions
which the passions of the mind make upon the body.
713. The passions of the mind work upon the
body the impressions following. Fear causeth
paleness, trembling, the standing of the hair up-
right, starting, and shrieking. The paleness is
caused, for that the blood runneth inward to suc-
cour the heart. The trembling is caused, for that
through the flight of the spirits inward, the out-
ward parts are destituted, and not sustained.
M
NATURAL HISTORY.
Cut. VIII.
Standing upright of the hair is caused, for that
by the shutting of the pores of the skin, the hair
that lieth aslope must needs rise. Starting is
both an apprehension of the thing feared, and in
that kind it is a motion of shrinking, and like-
wise an inquisition in the beginning, what the
matter should be, and in that kind it is a motion
of erection, and therefore when a man would
listen suddenly to any thing, he starteth ; for the
starting is an erection of the spirits to attend.
Screeching is an appetite of expelling that which
suddenly striketh the spirits : for it must be noted,
that many motions, though they be unprofitable
to expel that which hurtetb, yet they are offers
of nature, and cause motions by consent, as in
groaning, or crying upon pain.
714. Grief and pain cause sighing, sobbing,
groaning, screaming, and roaring ; tears, distort-
ing of the face, grinding of the teeth, sweating.
Sighing is caused by the drawing in of a greater
quantity of breath to refresh the heart that labour-
eth : like a great draught when one is thirsty.
Sobbing is the same thing stronger. Groaning,
and screaming, and roaring are caused by an
appetite of expulsion, as hath been said : for when
the spirits cannot expel the thing that hurteth, in
their strife to do it, by motion of consent, they
expel the roice. And this is when the spirits
yield, and give over to resist : for if one do con-
stantly resist pain, he will not groan. Tears are
caused by a contraction of the spirits of the brain :
which contraction by consequence astringeth the
moisture of the brain, and thereby sendeth tears
into the eyes. And this contraction or compres-
sion causeth also wringing of the hands; for
wringing is a gesture of expression of moisture.
The distorting of the face is caused by a conten-
tion, first to bear and resist, and then to expel ;
which maketh the parts knit first, and afterwards
open. Grinding of the teeth is caused likewise,
by a gathering and serring of the spirits together
to resist, which maketh the teeth also to sit hard
one against another. Sweating is also a com-
pound motion, by the labour of the spirits, first
to resist, and then to expel.
715. Joy causeth a cheerfulness and vigour in
the eyes, singing, leaping, dancing, and some-
times tears. All these are the effects of the dila-
tion and coming forth of the spirits into the out-
ward parts ; which maketh them more lively and
stirring. We know it hath been seen, that ex-
cessive sudden joy hath caused present death,
while the spirits did spread so much as they could
not retire again. As for tears, they are the effects
of compression of the moisture of the brain, upon
dilatation of the spirits. For compression of the
spirits workelh an expression of the moisture of the
brain by consent, as hath been said in grief. But
then in joy, it worketh it diversely, viz. by pro-
pulsion of the moisture, when the spirits dilate,
and occupy more room.
716. Anger causeth paleness in some, and the
going and coming of the colour in others : also
trembling in some: swelling, foaming at the
mouth, stamping, bending of the fist. Paleness,
and going and coming of the colour, are caused
by the burning of the spirits about the heart;
which to refresh themselves, call in more spirits
from the outward parts. And if the paleness be
alone, without sending forth the colour again, it
is commonly joined with some fear; but in many
there is no paleness at all, but contrariwise red-
ness about the cheeks and gills ; which is by the
sending forth of the spirits in an appetite to
revenge. Trembling in anger is likewise by
a calling in of the spirits; and is commonly
when anger is joined with fear. Swelling is
caused, both by a dilatation of the spirits by over-
heating, and by a liquefaction or boiling of the
humours thereupon. Foaming at the mouth is
from the same cause, being an ebullition. Stamp-
ing, and bending of the fist, are caused by an
imagination of the act of revenge.
717. Light displeasure or dislike causeth shak-
ing of the head, frowning and knitting of the
brows. These effects arise from the same causes
that trembling and horror do : namely, from the
retiring of the spirits, but in a less degree. For
the shaking of the head is but a slow and defi-
nite trembling ; and is a gesture of slight refu-
sal; and we see also, that a dislike causeth, often,
that gesture of the hand, which we use when we
refuse a thing, or warn it away. The frowning
and knitting of the brows is a gathering, or ser-
ring of the spirits, to resist in some measure.
And we see also this knitting of the brows will
follow upon earnest studying, or cogitation of
any thing, though it be without dislike.
718. Shame causeth blushing, and casting
down of the eyes. Blushing is the resort of
blood to the face ; which in the passion of shame
is the part that laboureth most. And although
the blushing will be seen in the whole breast if
it be naked, yet that is but in passage to the
face. As for the casting down of the eyes, it pro*
ceedeth of the reverence a man beareth to other
men ; whereby, when he is ashamed, he cannot
endure to look firmly upon others : and we see,
that blushing, and the casting down of the eyes
both, are more when we come before many ; " ore
Pompeii quid mollius ? nunquam non coram plu-
ribus erubuit :" and likewise when we come be-
fore great or reverend persons.
719. Pity causeth sometimes tears ; and a flex-
ion or cast of the eye aside. Tears come from
the same cause that they do in grief: for pity is
but grief in another's behalf. The cast of the
eye is a gesture of aversion, or loath ness to behold
the object of pity.
720. Wonder causeth astonishment, or an im-
moveable posture of the body ; casting up of the
eyes to heaven, and lifting up of the hands. Fa
:wt. VIIL
NATURAL HISTORY.
97
nishment, it is caused by the fixing of the
d upon one object of cogitation, whereby it
i not spatiate and transcur, as it useth; for in
ider the spirits fly not, as in fear ; but only
le, and are made less apt to more. As for
easting up of the eyes, and lifting up of the
ids, it is a kind of appeal to the Deity, which
the author, by power and providence, of
mge wonders.
91. Laughing causeth a dilatation of the mouth I
lips; a continual expulsion of the breath,
h the loud noise, which raaketh the interjec-
i of laughing ; shaking of the breast and sides ;
ning of the eyes with water, if it be violent
. continued. Wherein first it is to be under-
>d, that laughing is scarce properly a pas-
ty but hath its source from the intellect ;
in laughing there ever precedeth a conceit of
lewhat ridiculous, and therefore it is proper to
n. Secondly, that the cause of laughing is
a light touch of the spirits. And not so deep
impression as in other passions. And there*
s, that which hath no affinity with the pas-
is of the mind, it is moved, and that in great
leniency, only by tickling some parts of the
ly: and we see that men even in a grieved
te of mind, yet cannot sometimes forbear laugh-
. Thirdly, it is ever joined with some degree
lelight : and therefore exhilaration hath some
nity with joy, though it be a much lighter mo-
i : " res severa est verum gaudium." Fourthly,
t the object of it is deformity; absurdity,
ewd turns, and the like. Now to speak of the
ises of the effects before mentioned w hereunto
se general notes give some light. For the di-
ition of the mouth and lips, continued expul-
n of the breath and voice, and shaking of the
ast and sides, they proceed, all, from the dila-
on of the spirits; especially being sudden.
likewise, the running of the eyes with water,
bath been formerly touched, where we spake
he tears of joy and grief, is an effect of dilata-
i of the spirits. And for suddenness, it is a
at part of the matter : for we see, that any
ewd turn that lighteth upon another ; or any
orraity, &c., movcth laughter in the instant,
ich after a little time it doth not. So we can-
; laugh at any thing after it is stale, but whilst
s now : and even in tickling, if you tickle the
es, and give warning, or give a hard or conti-
sd touch, it doth not move laughter so much.
"22. Lust causeth a flagrancy in the eyes, and
apism. The cause of both these is, for that
lust, the sight and the touch are the things
lired, and therefore the spirits resort to those j
is which are most affected. And note well
general, for that great use may be made of the
lervation, that, evermore, the spirits in all pas-
ns, resort most to the parts that labour most,
are roost affected. As in the last which hath
»n mentioned, they resort to the eyes and vene-
Vol. 11.— 13
roue parts : in fear and anger to the heart : in shame
to the face : and in light dislikes to the head.
Experiments in contort touching drunkenness.
723. It hath been observed by the ancients, and
is yet believed, that the sperm of drunken men is
unfruitful. The cause is, for that it is over-moist-
ened, and wanteth spissitude: and we have a
merry saying, that they that go drunk to bed get
daughters.
724. Drunken men are taken with a plain de-
fect, or destitution in voluntary motion. They
reel ; they tremble ; they cannot stand nor speak
strongly. The cause is, for that the spirits of the
wine oppress the spirits animal, and occupy part
of the place where they are, and so make them
weak to move. And therefore drunken men are
apt to fall asleep : and opiates, and stupefactives,
as poppy, henbane, hemlock, &c., induce a kind
of drunkenness, by the grossness of their vapour,
as wine doth by the quantity of the vapour. Be-
sides, they rob the spirits animal of their matter,
whereby they are nourished : for the spirits of the
wine prey upon it as well as they : and so they
make the spirits less supple and apt to move.
725. Drunken men imagine every thing turn-
eth round: they imagine also that things come
upon them : they see not well things afar off;
those things that they see near hand, they see
out of their place ; and sometimes they see things
double. The cause of the imagination that
things turn round is, for that the spirits them-
selves turn, being compressed by the vapour of
the wine, for any liquid body upon compression
turneth, as we see in water, and it is all one to
the sight, whether the visual spirits move, or the
object moveth, or the medium moveth. And we
see that long turning round breedeth the same
imagination. The cause of the imagination that
things come upon them is, for that the spirits
visual themselves draw back ; which maketh the
object seem to come on ; and besides, when they
see things turn round and move, fear maketh them
think they come upon them. The cause that they
cannot see things afar off, is the weakness of the
spirits ; for in every megrim or vertigo there is an
obtenebration joined with a semblance of turning
round ; which we see also in the lighter sort of
8wooning8. The cause of seeing things out of
their place, is the refraction of the spirits visual ;
for the vapour is as an unequal medium ; and it
is as the sight of things out of place in water. The
cause of seeing things double, is the swift and
unquiet motion of the spirits, being oppressed, to
and fro ; for, as was said before, the motion of
the spirits visual, and the motion of the object,
make the same appearances; and for the swift
motion of the object, we see that if you fillip a
lute-string, it showeth double or treble.
726. Men are sooner drunk with small draughts
than with great. And again, wine sugared ine-
1
NATURAL HISTORY.
Cimt. vra.
briateth less than wine pure. The cause of the
former is, for that the wine descendeth not so fast
to the bottom of the stomach, but maketh longer
stay in the upper part of the stomach, and send-
eth vapours faster to the head ; and therefore ine-
briate th sooner. And for the same reason, sops
in wine, quantity for quantity, inebriate more than
wine of itself. The cause of the latter is, for that
the sugar doth inspissate the spirits of the wine,
and maketh them not so easy to resolve into va-
pour. Nay farther, it is thought to be some remedy
against inebriating, if wine sugared be taken after
wine pure. And the same effect is wrought either
by oil or milk, taken upon much drinking.
Experiment solitary touching the help or hurt of
wine, though moderately used.
727. The use of wine in dry and consumed
bodies is hurtful ; in moist and full bodies it is
good. The cause is, for that the spirits of the
wine do prey upon the dew or radical mois-
ture, as they term it, of the body, and so deceive
the animal spirits. But where there is mois-
ture enough, or superfluous, there wine helpeth to
digest, and desiccate the moisture.
Experiment solitary touching caterpillars.
7*28. The caterpillar is one of the most general
of worms, and breedeth of dew and leaves; for
we see infinite number of caterpillars which breed
upon trees and hedges, by which the leaves of the
trees or hedges are in great part consumed ; as
well by their breeding out of the leaf, as by their
feeding upon the leaf, They breed in the spring
chiefly, because then there is both dew and leaf.
And they breed commonly when the east winds
have much blown ; the cause whereof is, the
dryness of that wind ; for to all vivification upon
putrefaction, it is requisite the matter be not too
moist : and therefore we see they have cobwebs
about them, which is a sign of a slimy dryness ;
as we see upon the ground, whereupon, by dew
and sun, cobwebs breed all over. We see also
the green caterpillar breedeth in the inward parts
of roses, especially not blown, where the dew
sticketh; but especially caterpillars, both the
greatest, and the most, breed upon cabbages,
which have a fat leaf, and apt to putrefy. The
caterpillar, towards the end of summer, waxeth
volatile, and turneth to a butterfly, or perhaps
some other fly. There is a caterpillar that hath a
fur or down upon it, and secmethto have affinity
with the silk- worm.
Experiment solitary touching the flies cantharides.
729. The flies cantharides are bred of a worm
or caterpillar, but peculiar to certain fruit-trees ;
as are the fig-tree, the pine-tree, and the wild
brier ; all which bear sweet fruit, and fruit that
hath a kind of secret biting or sharpness: for
the fig hath a milk in it that is sweet and cor-
rosive; the pine-apple hath a kernel that is
strong and abstersive : the fruit of the brier is
said to make children, or those that eat them,
scabbed. And therefore no marvel, though can-
tharides have such a corrosive and cauterising
quality ; for there is not any other of the insects,
but is bred of a duller matter. The body of the
cantharides is bright coloured; and it may be,
that the delicate coloured dragon-flies may have
likewise some corrosive quality.
Experiments in consort touching lassitude,
730. Lassitude is remedied by bathing, or
anointing with oil and warm water. The cause
is, for that all lassitude is a kind of contusion,
and compression of the parts ; and bathing and
anointing give a relaxation or emollition ; and the
mixture of oil and water is better than either of
them alone ; because water entereth better into
the pores, and oil after entry softeneth better. It
is found also, that the taking of tobacco doth help
and discharge lassitude. The reason whereof is,
partly, because by cheering or comforting of the
spirits, it openeth the parts compressed or con-
tused ; and chiefly because it refresheth the spirits
by the opiate virtue thereof, and so dischargeth
weariness, as sleep likewise doth.
731. In going up a hill, the knees will be most
weary ; in going down a hill, the thighs. The
cause is, for that in the lift of the feet, when a man
goeth up the hill, the weight of the body beareth
most upon the knees; and in going down the hill,
upon the thighs.
Experiment solitary touching the casting of the skin
and shell in some creatures.
732. The casting of the skin is by the ancients
compared to the breaking of the secundine, or
caul, but not rightly : for that were to make every
casting of the skin a new birth : and besides, the
secundine is but a general cover, not shaped ac-
cording to the parts, but the skin is shaped ac-
cording to the parts. The creatures that cast
their skin are, the snake, the viper, the grasshop-
per, the lizard, the silk-worm, &c. Those that
cast their shell are, the lobster, the crab, the craw-
fish, the hodmandod or dedman, the tortoise, &c.
The old skins are found, but the old shells never :
so as it is like, they scale off, and crumble away
by degrees. And they are known by the extreme
tenderness and softness of the new shell, and
somewhat by the freshness of the colour of it.
The cause of the casting of skin and shell should
seem to be the great quantity of matter in those
creatures that is fit to make skin or shell ; and
again, the looseness of the skin or shell, that
sticketh not close to the flesh. For it is certain,
that it is the new skin or shell thatputteth off the
old : so we see, that in deer it is the young horn
that putteth off the old ; and in birds, the young
feathers put off the old : and so birds that have
Cemt. VIII.
NATURAL HISTORY.
09
much matter for their beak, cast their beaks, the
new beak putting off the old.
Experiments in consort touching the postures ofths
body.
733. Lying not erect, but hollow, which is in
the making of the bed ; or with the legs gathered
up, which is in the posture of the body, is the
more wholesome. The reason is, the better com-
forting of the stomach, which is by that less pen-
sile : and we see that in weak stomachs, the lay-
ing up of the legs high, and the knees almost to
the mouth, helpeth and comfortcth. We see also,
that galley-slaves, notwithstanding their misery
otherwise, are commonly fat and fleshy ; and the
reason is, because the stomach is supported some-
what in sitting, and is pensile in standing or go-
ing. And therefore, for prolongation of life, it is
good to choose these exercises where the limbs
move more than the stomach and belly ; as in
rowing, and in sawing, being set.
73 1. Megrims and giddiness are rather when
we rise after long sitting, than while we sit.
The cause is, for that the vapours, which were
gathered by sitting, by the sudden motion fly more
up into the head.
735. Leaning long upon any part maketh it
numb, and as we call it asleep. The cause is, for
that the compression of the part suffereth not the
spirits to have free access; and therefore when
we come out of it, we feel a stinging or pricking,
which is the re-entrance of the spirits.
Experiment solitary touching pestilential years.
736. It hath been noted, that those years are
pestilential and unwholesome, when there are
great numbers of frogs, flies, locusts, &c. The
cause is plain ; for that those creatures being en-
gendered of putrefaction, when they abound,
show a general disposition of the year, and con-
stitution of the air, to diseases of putrefaction.
And the same prognostic, as hath been said he-
fore, holdeth, if you find worms in oak-apples :
for the constitution of the air appeareth more
subtilly in any of these things, than to the sense
of man.
Experiment solitary touching the prognostics of hard
winters.
737. It is an observation amongst country peo-
ple, that years of store of haws and hips do com-
monly portend cold winters ; and they ascribe it
to God's providence, that, as the Scripture saith,
reacheth even to the tailing of a sparrow ; and
much more is like to reach to the preservation of
birds in such seasons. The natural cause also
may be the want of heat, and abundance of
moisture, in the summer precedent ; which put-
teth forth those fruits, and must needs leave great
quantity of cold vapours not dissipated; which
causeth the cold of the winter following.
Experiment solitary, touching medicines that con*
dense and relieve the sprits.
738. They have in Turkey a drink called
coffee, made of a berry of the same name, as
black as soot, and of a strong scent, but not aro-
matical ; which they take, beaten into powder, in
water, as hot as they can drink it : and they take
it, and sit at it in their coffee-houses, which are
like our taverns. This drink comforteth the brain
and heart, and helpeth digestion. Certainly this
berry coffee, the root and leaf beetle, the leaf to-
bacco, and the tear of poppy, opium, of which the
Turks are great takers, supposing it expelleth
all fear, do all condense the spirits, and make
them strong and aleger. But it seemeth they
are taken after several manners ; for coffee and
opium are taken down, tobacco but in smoke, and
beetle is but champed in the mouth with a little
lime. It is like there are more of them, if they
were well found out, and well corrected. Query,
of henbane-seed ; of mandrake ; of saffron, root
and flower; of folium induin ; of amber grease ;
of the Assyrian amomum, if it may be had ; and
of the scarlet powder which they call kermes :
and, generally, of all such things as do inebriate
and provoke sleep. Note, that tobacco is not
taken in root or seed, which are more forcible
ever than leaves.
Experiment solitary touching paintings of the body,
739. The Turks have a black powder, made of
a mineral called alcohol, which with a fine long
pencil they lay under their eyelids, which doth
colour them black ; whereby the white of the eye
is set off more white. With the same powder
they colour also the hairs of their eyelids, and of
their eyebrows, which they draw into embowed
arches. You shall find that Xenophon maketh
mention, that the Medes used to paint their eyes.
The Turks use with the same tincture to colour
the hair of their heads and beards black. And
divers with us that are grown gray, and yet
would appear young, find means to make their
hair black, by combing it, as they say, with a
leaden comb, or the like. As for the Chinese s,
who are of an ill complexion, being oli vaster, they
paint their cheeks scarlet, especially their king
and grandees. Generally, barbarous people, that
go naked, do not only paint themselves, but they
pounce and raise their skin, that the painting
may not be taken forth ; and make it into works.
So do the West Indians ; and so did the ancient
Picts and Britons ; so that it seemeth men would
have the colours of birds9 feathers, if they could
tell how ; or at least they will have gay skins in-
stead of gray clothes.
Experiment solitary touching the use of bathing and
anointing.
740. It is strange that the use of bathing, as a
part of diet, is left. With the Romans and Gre-
100
NATURAL HISTORY.
Cut. VIII.
cians it was as usual as eating or sleeping ; and
so is it amongst the Turks at this day : whereas
with us it remaineth but as a part of physic. I
am of opinion, that the use of it, as it was with
the Romans, was hurtful to health; for that it
made the body soft, and easy to waste. For the
Turks it is more proper, because that their drink-
ing water and feeding upon rice, and other food
of small nourishment, maketh their bodies so
solid and hard, as you need not fear that bathing
should make them frothy. Besides, the Turks
are great sitters, and seldom walk, whereby they
sweat less, and need bathing more. But yet cer-
tain it is that bathing, and especially anointing,
may be so used as it may be a great help to
health, and prolongation of life. But hereof we
shall speak in due place, when we come to handle
experiments medicinal.
Experiment solitary touching chambletting of
paper.
741. The Turks have a pretty art of chamblet-
ting of paper, which is not with us in use. They
take divers oiled colours, and put them severally,
in drops, upon water, and stir the water lightly,
and then wet their paper, being of some thick-
ness, with it, and the paper will be waved and
veined, like chamblet or marble.
Experiment solitary touching cuttle-ink.
742. It is somewhat strange, that the blood of
all birds and beasts and fishes should be of a red
colour, and only the blood of the cuttle should be
as black as ink. A man would think, that the
cause should be the high concoction of that
blood ; for we see in ordinary puddings, that the
boiling turneth the blood to be black; and the
cuttle is accounted a delicate meat, and much in
request
Experiment solitary touching increase of weight in
earth.
743. It is reported of credit, that if you take
earth from land adjoining to the river of Nile, and
preserve it in that manner that it neither come to
be wet nor wasted ; and weigh it daily, it will
not alter weight until the seventeenth of June,
which is the day when the river beginneth to rise ;
and then it will grow more and more ponderous,
till the river cometh to its height. Which if it be
true, it cannot be caused but by the air, which
then beginneth to condense ; and so turneth with-
in that small mould into a degree of moisture,
which produceth weight. So it hath been ob-
served, that tobacco, cut, and weighed, and then
dried by the fire, loseth weight ; and after being
laid in the open air, recovereth weight again.
And it should seem, that as soon as ever the river
beginneth to increase, the whole body of the air
thereabouts suffereth a change : for, that which
is more strange, it is credibly affirmed, that upon
that very day when the river first riseth9 great
plagues in Cairo use suddenly to break up.
Experiments in consort touching sleep.
744. Those that are very cold, and especially
in their feet, cannot get to sleep : the cause may
be, for that in sleep is required a free respiration,
which cold doth shut in and hinder ; for we see
that in great colds, one can scarce draw his
breath. Another cause may be, for that cold call-
eth the spirits to succour, and therefore they can-
not so well close, and go together in the head,
which is ever requisite to sleep. And for the
same cause, pain and noise hinder sleep; and
darkness, contrariwise, furthereth sleep. '
745. Some noises, whereof we spake in the
hundred and twelfth experiment, help sleep : as
the blowing of the wind, the trickling of water,
humming of bees, soft singing, reading, &c. His
cause is, for that they move in the spirits a gentle
attention ; and whatsoever moveth attention with-
out too much labour stilleth the natural and dis-
cursive motion of the spirits.
746. Sleep nourisheth, or at least preserveth
bodies, a long time, without other nourishment.
Beasts that sleep in winter, as it is noted of wild
bears, during their sleep wax very fat, though
they eat nothing. Bats have been found in ovens,
and other hollow close places, matted one upon
another : and therefore it is likely that they sleep
in the winter time, and eat nothing. Query,
whether bees do not sleep all winter, and spare
their honey 1 Butterflies, and other flies, do not
only sleep, but lie as dead all winter; and yet
with a little heat of sun or fire, revive again. A
dormouse, both winter and summer, will sleep
some days together, and eat nothing.
Experiments in consort touching teeth and hard
substances in the bodies of living creatures.
To restore teeth in age, were magnale nature.
It may be thought of. But howsoever, the nature
of the teeth deserveth to bo inquired of, as well
as the other parts of living creatures' bodies.
747. There be five parts in the bodies of living
creatures, thnt are of hard substance ; the skull,
the teeth, the bones, the horns, and the nails.
The greatest quantity of hard substance continued
is towards the head. For there is the skull of
one entire bone ; there are the teeth ; there are
the maxillary bones ; there is the hard bone that
is the instrument of hearing; and thence issue
the horns ; so that the building of living creatures1
bodies is like the building of a timber house,
where the walls and other parts have columns
and beams ; but the roof is, in the better sort of
houses, all tile, or lead, or stone. As for birds,
they have three other hard substances proper to
them ; the bill, which is of like matter with the
teeth : for no birds have teeth : the shell of the
egg : and their quills : for as for their spur, it is
Cut. VIII
NATURAL HISTORY.
101
but a nail. But no living creatures that have
shells very hard, as oysters, cockles, muscles,
scallops, crabs, lobsters, craw-fish, shrimps, and
especially the tortoise, have bones within them,
but only little gristles.
748. Bones, after full growth, continue at a
stay ; and so doth the skull : horns, in some
creatures, are cast and renewed : teeth stand at a
stay, except their wearing: as for nails, they
grow continually : and bills and beaks will over-
grow, and sometimes be cast, as in eagles and
parrots.
749. Most of the hard substances fly to the ex-
tremes of the body : as skull, horns, teeth, nails,
and beaks : only the bones are more inward, and
clad with flesh. As for the entrails, they are all
without bones: save that a bone is sometimes
found in the heart of a stag ; and it may be in
some other creature.
750. The skull hath brains, as a kind of mar-
row, within it. The back-bone hath one kind of
marrow, which hath an affinity with the brain ;
and other bones of the body have another. The
jaw-bones have no marrow severed, but a little
pulp of marrow diffused. Teeth likewise are
thought to have a kind of marrow diffused, which
causeth the sense and pain; but it is rather
tinew : for marrow hath no sense, no more than
blood. Horn is alike throughout ; and so is the nail.
751. None other of the hard substances have
sense, but the teeth ; and the teeth have sense,
not only of pain, but of cold.
But we will leave the inquiries of other hard
substances unto their several places, and now in-
quire only of the teeth.
752. The teeth are, in men, of three kinds :
sharp, as the fore-teeth : broad, as the back-teeth,
which we call the molar-teeth, or grinders, and
pointed teeth, or canine, which are between both.
But there have been some men that have had
their teeth undivided, as of one whole bone, with
some litle mark in the place of the division, as
Pyrin us had. Some creatures have over-long or
oat-growing teeth, which we call fangs, or tusks:
as boars, pikes, salmons, and dogs, though less.
Some living creatures have teeth against teeth, as
men and horses ; and some have teeth, especially
their master-teeth, indented one within another
like saws, as lions; and so again have dogs.
Some fishes have diverse rows of teeth in the
roofs of their mouths, as pikes, salmons, trouts,
ke. And many more in salt- waters. Snakes
and other serpents have venomous teeth, which
are sometimes mistaken for their sting.
753. No beast that hath horns hath upper
teeth ; and no beast that hath teeth above wanteth
them below: but yet if they be of the same kind,
it followeth not, that if the hard matter goeth not
into upper teeth, it will go into horns, nor yet e
eonverso ; for does, that have no horns, have no
upper teeth.
754. Horses have, at three years old, a tooth
put forth, which they call the colt's tooth : and at
four years old there cometh the mark tooth, which
hath a hole as big as you may lay a pea within
it, and that weareth shorter and shorter every year,
till that at eight years old the tooth is smooth,
and the hole gone : and then they say, that the
mark is out of the horse's mouth.
755. The teeth of men breed first, when the
child is about a year and half old : and then they
cast them, and new come about seven years old.
But divers have backward teeth come forth at
twenty, yea some at thirty and forty. Quiry, of
the manner of the coming of them forth. They
tell a tale of the old Countess of Desmond, who
lived till she was seven-score years old, that she
did dentire twice or thrice, casting her old teeth*
and others coining in their place.
756. Teeth are much hurt by sweetmeats; and
by painting with mercury ; and by things over-
hot; and by things over-cold; and by rheums.
And the pain of the teeth is one of the sharpest
of pains.
757. Concerning teeth, these things are to be
considered. 1. The preserving of them. 2. The
keeping of them white. 3. The drawing of them
with least pain. 4. The staying and easing of
the tooth-ache. 5. The binding in of artificial
teeth, where teeth have been strucken out. 6.
And last of all, that great one of restoring teeth
in age. The instances that give any likelihood
of restoring teeth in age, are the late coming of
teeth in some, and the renewing of the beaks in
birds, which are commaterial with teeth. Query ,
therefore, more particularly how that cometh.
And again, the renewing of horns. But yet that
hath not been known to have been provoked by
art; therefore let trial be made, whether horns
may be procured to grow in beasts that are not
horned, and howl And whether they may be
procured to come larger than usual, as to make
an ox or a deer have a greater head of horns 1
And whether the head of a deer, that by age is
more spitted, may be brought again to be more
branched 1 for these trials, and the like, will
show, whether by art such hard matter can be
called and provoked. It may be tried, also,
whether birds may not have something done to
them when they are young, whereby they may be
made to have greater or longer bills; or greater
and longer talons ? And whether children may
not have some wash, or something to make their
teeth better and stronger 1 Coral is in use as a
i help to the teeth of children.
I Experiments in consort touching the generation and
I bearing of living creatures in the womb.
758. Some living creatures generate but at cer-
tain seasons of the year, as deer, sheep, wild
conies, &c., and most sorts of birds and fishes :
others at any time of the year, as men ; and all
19
109
NATURAL HISTORY.
Cnrr. VI1L
domestic creatures, as horses, hogs, dogs, cats,
&c. The cause of generation at all seasons
seemeth to be fulness : for generation is from re-
dundance. This fulness ariseth from two causes ;
either from the nature of the creature, if it be hot,
and moist, and sanguine ; or from plenty of food.
For the first, men, horses, dogs, &c. which breed
at all seasons, are full of heat and moisture ; doves
are the fullest of heat and moisture amongst birds,
and therefore breed often ; the tame dove almost
continually. But deer are a melancholy dry
creature, as appeareth by their fearful ness, and
the hardness of their flesh. Sheep are a cold
creature, as appeareth by their mildness, and for
that they seldom drink. Most sort of birds are
of a dry substance in comparison of beasts.
Fishes are cold. For the second cause, fulness
of food ; men, kine, swine, doers, &c. feed full ;
and we see that those creatures, which being
wild, generate seldom, being tame, generate
often; which is from warmth, and fulness
of food. Wc find, that the time of going to
mt of deer is in September ; for that they need
the whole summer's feed and grass to make them
fit for generation. And if rain come early about
the middle of September, they go to rut some-
what the sooner; if drought, somewhat the later.
So sheep, in respect of their small heat, generate
about the same time, or somewhat before. But
for the most part, creatures that generate at cer-
tain seasons, generate in the spring; as birds
and fishes ; for that the end of the winter, and
the heat and comfort of the spring prepareth
them. There is also another reason why some
creatures generate at certain seasons ; and that is
the relation of their time of bearing to the time
of generation ; for no creature goeth to generate
whilst the female is full ; nor whilst she is busy
in sitting, or rearing her young. And therefore it
is found by experience, that if you take the eggs
or young ones out of the nests of birds, they will
fall to generate again three or four times one after
another.
759. Of living creatures, some are longer time
in the womb, and some shorter. Women go
commonly nine months; the cow and the ewe
about six months ; does go about nine months ;
mares eleven months ; bitches nine weeks ; ele-
phants are said to go two years ; for the received
tradition of ten years is fabulous. For birds
there is double inquiry; the distance between
the treading or coupling, and the laying of the egg ;
and again between the egg laid, and the disclos-
ing or hatching. And amongst birds, there is
less diversity of time than amongst other crea-
tures ; yet some there is ; for the hen sitteth but
three weeks, the turkey-hen, goose, and duck, a
month : Query, of others. The cause of the
great difference of times amongst living creatures
is, either from the nature of the kind, or from the
constitution of the womb. For the former, those
that are longer in coming to their maturity or
growth are longer in the womb ; as is chiefly
seen in men : and so elephants, which are long
in the womb, are long time in coming to their
full growth. But in most other kinds, the con-
stitution of the womb, that is, the hardness or
dryness thereof, is concurrent with the former
cause. For the colt hath about four years of
growth ; and so the fawn ; and so the calf. But
whelps, which come to their growth, commonly,
within three quarters of a year, are but nine weeks
in the womb. As for birds, as there is less di-
versity amongst them in the time of bringing
forth ; so there is less diversity in the time of
their growth : most of them coming to their
growth within a twelvemonth.
760. Some creatures bring forth many young
ones at a burden : as bitches, hares, conies, &c.
Some ordinarily but one ; as women, lionesses,
&c. This may be caused, either by the quantity
of sperm required to the producing one of that
kind ; which if less be required, may admit greater
number; if more, fewer: or by the partitions and
cells of the womb, which may sever the sperm.
Experiment* in consort touching species visible.
761. There is no doubt, but light by refraction
will show greater, as well as things coloured.
For like as a shilling in the bottom of the water
will show greater; so will a candle in a lanthom,
in the bottom of the water. I have heard of a
practice, that glow-worms in glasses were put in
the water to make the fish come. But I am not
yet informed, whether when a diver diveth, hav-
ing his eyes open, and swimmeth upon his back;
whether, I say, he seeth things in the air, greater
or less. For it is manifest, that when the eye
standeth in the finer medium, and the object is in
the grosser, things show greater; but contrari-
wise, when the eye is placed in the grosser me-
dium, and the object in the finer, how it worketh
I know not.
762. It would be well bolted out, whether great
refractions may not be made upon reflections, as
well as upon direct beams. For example, we
see, that take an empty basin, put an angel of
gold, or what you will, into it; then go so far
from the basin, till you cannot see the angel, be-
cause it is not in a right line ; then fill the basin
with water, and you shall see it out of its place,
. because of the reflection. To proceed, therefore
I put a looking-glass into a basin of water; I sup-
1 pose you shall not see the image in a right line,
. or at equal angles, but aside. I know not whe-
ther this experiment may not be extended so, as
you might see the image, and not the glass;
which for beauty and strangeness were a fine
proof: for then you should see the image like a
spirit in the air. As for example, if there be a
cistern or pool of water, you shall place over
. against it a picture of the devil, or what you will,
Cent. VIII.
NATURAL HISTORY.
103
so as you do not see the water. Then put a look-
ing-glass in the water : now if you can see the
devil's picture aside, not seeing the water, it
would look like a devil indeed. They have an
old tale in Oxford, that Friar Bacon walked be-
tween two steeples: which was thought to be
done by glasses, when he walked upon the
ground.
Experiment* in contort touching impulsion and
percussion.
763. A weighty body put into motion is more
easily impelled than at first when it resteth. The
cause is partly because motion doth discuss the
torpor of solid bodies ; which, besides their mo-
tion of gravity, have in them a natural appetite
not to move at all ; and partly, because a body
that resteth, doth get, by the resistance of the
body upon which it resteth, a stronger compres-
sion of parts than it hath of itself: and therefore
needeth more force to be put in motion. For if
a weighty body be pensile, and hang but by a
thread, the percussion will make an impulsion
very near as easily as if it were already in motion.
764. A body over-great or over-small will not
be thrown so far as a body of a middle size : so
th.it it seemeth there must be a commensuration,
or proportion between the body moved and the
f n-*\ to make it move well. The cause is, be-
c :nse to the impulsion there is requisite the force
« f ihf body that moveth, and the resistance of
the body that is moved : and if the body be too
Urr<-;it, it yieldeth too little; and if it be too small,
it rcsisteth too little.
7t»f>. It is common experience, that no weight
will press or cut so strong, being laid upon a
body, as falling or stricken from above. It may
he the air hath some part in furthering the per-
cussion; but the chief cause I take to be, for that
tht- parts of the body moved have by impulsion,
<t by the motion of gravity continued, a com-
pression in them, as well downwards, as they
b.ive when they are thrown, or shot through the
air, forwards. I conceive also, that the quick
loose of that motion preventeth the resistance of
the body below : and the priority of the force al-
ways is of great efficacy, as appeareth in infinite
instances.
Experiment solitary touching titillation.
760. Tickling is most in the soles of the feet,
and under the arm-holes, and on the sides. The
cause is the thinness of the skin in those parts,
joined with the rareness of being touched there :
for all tickling is a light motion of the spirits,
which the thinness of the skin, and suddenness
and rareness of touch do further : for we see a
feather, or a rush, drawn along the lip or cheek,
doth tickle; whereas a thing more obtuse, or a
touch more hard, doth not. And for suddenness,
we see no man can tickle himself: we see also
: that the palm of the hand, though it hath as thin
a skin as the other parts mentioned, yet is not
ticklish, because it is accustomed to be touched.
Tickling also causeth laughter. The cause may
be the emission of the spirits, and so of the breath,
by a flight from titillation ; for upon tickling we
see there is ever a starting or shrinking away
of the part to avoid it; and we see also, that if
you tickle the nostrils with a feather, or straw,
it procureth sneezing ; which is a 6udden emis-
sion of the spirits, that do likewise expel the
moisture. And tickling is ever painful, and not
well endured.
Experiment solitary touching the scarcity of rain
in Egypt.
7f>7. It is strange, that the river of Nilus over-
flowing, as it doth, the country of Egypt, there
should be, nevertheless, little or no rain in that
country. The cause must be either in the nature
of the water, or in the nature of the air, or of both.
In the water, it may be ascribed either unto the
long race of the water; for swift-running waters
vapour not so much as standing waters ; or else to
the concoction of the water ; for waters well con-
cocted vapour not so much as waters raw; no
more than waters upon the fire do vapour so much
after some time of boiling as at the first. And it
is true that the water of Nilus is sweeter than
other waters in taste ; and it is excellent good for
the stone, and hypochondriacal melancholy, which
showeth it is lenifying; and it runneth through a
country of a hot climate, and fiat, without shade,
either of woods or hills, whereby the sun must
needs have great power to concoct it. As for the
air, from whence I conceive this want of showers
cometh chiefly, the cause must be, for that the air
is of itself thin and thirsty; and as soon as ever
it getteth any moisture from the water, it imbibeth
and dissipateth it in the whole body of the air,
and surTcreth it not to remain in vapour, whereby
it might breed rain.
• Experiment solitary touching clarification.
7f>8. It hath been touched in the title of perco-
lations, namely, such as are inwards, that the
whites of eggs and milk do clarify ; and it is cer-
tain, that in Egypt they prepare and clarify the
water of Nile, by putting it into great jars of
stone, and stirring it about with a few stamped al-
monds, wherewith they also besmear the mouth
of the vessel; and so draw it off, after it hath
rested some time. It were good to try this clari-
fying with almonds in new beeT, or muste, to
i hasten and perfect the clarifying.
j Experiment solitary touching plants without leaves.
769. There be scarce to be found any vegeta-
bles, that have branches and no leaves, except
you allow coral for one. But there is also in the
deserts of S. Macario in Egypt, a plant which it
long, leafless, brown of colour, and branched like
104
NATURAL HISTORY.
Ckht. vin.
ooral, save that it closeth at the top. This being
set in water within a house, spread eth and dis-
playeth strangely; and the people thereabout
have a superstitious belief, that in the labour of
women it helpeth to the easy deliverance.
Experiment solitary touching the material* of glass.
770. The crystalline Venice glass is reported
to be a mixture in equal portions of stones brought
from Pavia by the river Ticinura, and the ashes
of a weed, called by the Arabs kal, which is ga-
thered in a desert between Alexandria and Ro-
sctta ; and is by the Egyptians used first for fuel ;
and then they crush the ashes into lumps like a
stone, and so sell them to the Venetians for their
glass-works.
Experiment solitary touching prohibition of pu-
trefaction, and the long conservation of bodies,
771. It is strange, and well to be noted, how
long carcasses have continued nncorrupt, and in
their former dimensions, as appeared) in the mum-
mics of Egypt; having lasted, as is conceived,
some of them, three thousand years. It is true,
they find means to draw forth the brains, and to
tdk? forth the entrails, which are the parts a p test
to corrupt. But that is nothing to the wonder:
for we see what a soft and corruptible substance
the flesh of all the other parts of the body is.
But it should seem, that, according to our observa-
tion and axiom in our hundredth experiment, pu-
trefaction, which we conceive to be so natural a
period of bodies, is but an accident; and that
matter maketh not that haste to corruption that is
conceived. And therefore bodies in shining
amber, in quicksilver, in balms, whereof we now
speak, in wax, in honey, in gums, and, it may
he, in conservatories of snow, &c., are preserved
very long. It need not go for repetition, if we
resume again that which we said in the aforesaid
experiment concerning annihilation; namely, that
if you provide against three causes of putrefac-
tion, bodies will not corrupt: the first is, that tbe
air be excluded, for that undermineth the body,
and conspireth with the spirit of the body to dis-
solve it. The second is, that the body adjacent
and ambient be not commaterial, but merely he-
terogeneal towards the body that is to be pre-
served ; for if nothing can be received by the one,-
nothing can issue from the other; such are quick-
silver and white amber, to herbs, and flies, and
such bodies. The third is, that the body to be
preserved be not of that gross that it may corrupt !
within itself, although no part of it issue into the !
body adjacent: and therefore it must be rather |
thin and small, than of bulk. There is a fourth
remedy also, which is, that if the body to be pre-
served be of hulk, as a corpse is, then the body
that in closeth it must have a virtue to draw forth, '
•ltd dry the moisture of the inward body ; foT else ,
tbe putrefaction will play within, though nothing '
issue forth. I remember Livy doth relate, that
there were found at a time two coffins of lead in
a tomb ; whereof the one contained the body of
King Numa, it being some four hundred years
after his death : and the other, his books of sacred
rites and ceremonies, and the discipline of the
pontiffs ; and that in the coffin that had tbe body,
there was nothing at all to be seen, but a little
light cinders about the sides, but in the coffin that
had the books, they were found as fresh as if they
had been but newly written, being written on
parchment, and covered over with watchcandles
of wax three or four fold. By this it seemeth
that the Romans in Numa's time were not to
good cinbalmers as the Egyptians were; which
was the cause that the body was utterly con-
sumed. But I find in Plutarch and others, that
when Augustus Caesar visited the sepulchre of
Alexander the Great in Alexandria, he found
the body to keep its dimension ; but withal, that
notwithstanding all the embalming, which no
doubt was the best, the body was so tender, as
Caesar, touching but the nose of it, defaced it
Which maketh me find it very strange, that the
Egyptian mummies should be reported to be as
hard as stone-pitch ; for I find no difference but
one, which indeed may be very material, namely
that the ancient Egyptian mummies were shroud-
ed in a number of folds of linen, besmeared with
gums, in manner of cerecloth, which it doth
not appear was practised upon the body of Alex-
ander.
Experiment solitary touching the abundance of
nitre in certain seashores.
772. Near the castle of Caty, and by the wells
of Assan, in the land of Idumea, a great part of
the way you would think the sea were near at
hand, though it be a good distance off: and it is
nothing but the shining of the nitre upon the sea
sands, such abundance of nitre the shores there
do put forth.
Experiment solitary touching bodies that are borne
up by water.
773. The Dead Sea, which vomiteth up bitu-
men, is of that crassitude, as living bodies bound
hand and foot cast into it have been borne up, and
not sunk ; which showeth, that all sinking into
water is but an over-weight of the body put
into the water in respect of the water; so that
you may make water so strong and heavy, of
quicksilver, perhaps, or the like, as may bear up
iron : of which I see no use, but imposture. We
see also, that all metals, except gold, for the same
reason, swim upon quicksilver.
Experiment solitary touching fuel that consumeth
little or nothing.
77 4. It is reported, that at the foot of a hill near
the Mare Mortuum there is a black stone, where-
Cent. VIII.
NATURAL HISTORY.
105
of pilgrims make fires, which burnetii like a coal,
and diminisheth not, but only waxeth brighter
and whiter. That it should do so is not strange :
for we see iron red-hot burnetii, and consumeth
not ; but the strangeness is, that it should con-
tinue any time so : for iron, as soon as it is out of
the fire, deadeth straightways. Certainly it were
a thing of great use and profit, if you could find
out fuel that would burn hot, and yet last long :
neither am I altogether incredulous but there may
be such candles as they say are made of salaman-
der's wool ; being a kind of mineral, which whiten-
eth also in the burning, and consumeth not. The
question is this ; flame must be made of some-
what, and commonly it is made of some tangible
body which hath weight : but it is not impossible
perhaps that it should be made of spirit, or vapour,
in a body, which spirit or vapour hath no weight,
such as is the matter of ignis fatuus. But then
you will say, that that vapour also can last but a
short time : to that it may be answered, that by
the help of oil, and wax, and other candle-stuff,
the flame may continue, and the wick not burn.
Experiment solitary economical touching cheap
fuel.
115. Sea-coal lasts longer than charcoal ; and
charcoal of roots, being coaled into great pieces,
lasts longer than ordinary charcoal. Turf and
peat, and cow-sheards, are cheap fuels, and last
long. Small-coal, or brier-coal, poured upon char-
coal, make them last longer. Sedge is a cheap
fuel to brew or bake with : the rather because it
is good for nothing else. Trial would be made
of some mixture of sea-coal with earth or chalk :
for if that mixture be, as the sea-coal men use it,
privily, to make the bulk of the coal greater, it is
deceit; but if it be used purposely, and be made
known, it is saving.
Experiment solitary touching the gathering of
wind for freshness.
776. It is at this day in use in Gaza, to couch
potsherds or vessels of earth in their walls, to ga-
ther the wind from the top, and to pass it down
in spouts into rooms. It is a device for freshness
in great heats : and it is said, there are some
rooms in Italy and Spain for freshness, and
gathering the winds and air in the heats of sum-
mer ; but they be but pennings of the winds, and
enlarging them again, and making them reverbe-
rate, and go round in circles, rather than this de-
vice of spouts in the wall.
Experiment solitary touching the trials of airs.
111. There would be used much diligence in
the choice of some bodies and places, as it were,
for the tasting of air ; to discover the wholesome-
n*»ss or unwholesomeness, as well of seasons, as
of the seats of d wellings. It is certain, that there
be some houses wherein confitures and pies will I
Vol. II. — 14
gather mould more than in others. And I am
persuaded that a piece of raw flesh or fish will
sooner corrupt in some airs than in others. They
be noble experiments that can make this disco-
very ; for they serve for a natural divination of
seasons, better than the astronomers can by their
figures: and again, they teach men where to
choose their dwelling for their better health.
Experiment wlitary touching increasing of milk in
milch beaits.
778. There is a kind of stone about Bethlehem,
which they grind to powder, and put into water,
whereof cattle drink, which maketh them give
more milk. Surely there would be some better
trials made of mixtures of water in ponds for cattle,
to make them more milch, or to fatten them, or to
keep them from nunrrain. It may be chalk and
nitre are of the best.
Experiment solitary touching sand of the nature of
glass.
110. It is reported, that in the valley near the
mountain Carmel in Judea there is a sand, which
of all other hath most affinity with glass : inso-
much as other minerals laid in it turn to a glassy
substance without the fire ; and again, glass put
into it turneth into the mother sand. The thing
is very strange, if it be true : and it is likeliest to
be caused by some natural furnace or heat in the
earth ; and yet they do not speak of any eruption
of flames. It were good to try in glass-works,
whether the crude materials of glass, mingled
with glass already made, and remolten, do not
facilitate the making of glass with less heat.
Experiment solitary touching the growth of coraL
780. In the sea, upon the south-west of Sicily,
much coral is found. It is a submarine plant. It
hath no leaves ; it brancheth only when it is under
water ; it is soft, and green of colour ; but being
brought into the air, it becometh hard and shining
red, as we see. It is said also to have a white
berry : but we find it not brought over with the
coral. Belike it is cast away as nothing worth :
inquire better of it, for the discovery of the nature
of the plant.
Experiment solitary touching the gathering of
manna.
781. The manna of Calabria is the best, and in
most plenty. They gather it from the leaf of the
mulberry-tree ; but not of such mulberry-trees as
grow in the valleys. And manna falleth upon the
leaves by night, as other dews do. It should
seem, that before those dews come upon trees in
the valley 8, they dissipate and cannot hold out.
It should seem, also, the mulberry-leaf itself
hath some coagulating virtue, which inspissateth
the dew, for that it is not found upon other trees :
and we see byihe silk- worm, which feedeth upon
106
NATURAL HISTORY.
c wit. vm.
that leaf, what a dainty smooth juice it hath ; and
the leaves also, especially of the black mulberry,
are somewhat bristly, which may help to preserve
the dew. Certainly it were not amiss to observe
a little betyer the dews that fall upon trees, or
herbs growing on mountains; for it may be many
dews fall, that spend before they come to the
valleys. And I suppose, that he that would ga-
ther the best May-dew for medicine, should gather
it from the hills.
Experiment solitary touching the correcting of
wine.
782. It is said they have a manner to prepare
their Greek wines, to keep them from fuming and
inebriating, by adding some sulphur or alum;
whereof the one is unctuous, and the other is as-
tringent. And certain it is, that those two na-
tures do best repress fumes. This experiment
would be transferred unto other wine and strong
beer, by putting in some like substances while
they work ; which may make them both to fume
less, and to inflame less.
Experiment solitary touching the materials of wild'
fire.
783. It is conceived by some, not improbably,
that the reason why wild fires, whereof the prin-
cipal ingredient is bitumen, do not quench with
water, is, for that the first concretion of bitumen
is a mixture of a fiery and watery substance ; so
is not sulphur. This appeareth, for that in the
place near Puteoli, which they call the court of
Vulcan, you shall hear under the earth a horrible
thundering of fire and water conflicting together ;
and there break forth also spouts of boiling water.
Now that place yieldeth great quantities of bitu-
men ; whereas iEtna and Vesuvius, and the like,
which consist upon sulphur, shoot forth smoke,
and ashes, and pumice, but no water. It is re-
ported also, that bitumen mingled with lime, and
put under water, will make as it were an artifi-
cial rock ; the substance becometh so hard.
Experiment solitary touching plaster growing as
hard as marble.
784. There is a cement, compounded of flour,
whites of eggs, and stone powdered, that becom-
eth hard as marble : wherewith Piscina Mirabilis,
near Cuma, is said to have the walls plastered.
And it is certain and tried, that the powder of
loadstone and flint, by the addition of whites of
eggs, and gum-dragon, made into paste, will in a
few days harden to the hardness of a stone.
Experiment solitary touching judgment of the cure
in some ulcers and hurts.
785. It hath been noted by the ancients, that
in full or impure bodies, ulcers or hurts in the
legs are hard to cure, and in the head more easy.
The cause is, for that ulcers or hurts in the legs
require desiccation, which by the defluxion of
humours of the lower parts is hindered : whereas
hurts and ulcers in the head require it not; but
contrariwise dryness maketh them more apt to
consolidate. And in modern observation, the like
difference hath been found between Frenchmen
and Englishmen ; whereof the one's constitution
is more dry, and the other's more moist. And
therefore a hurt of the head is harder to cure in a
Frenchman, and of the leg in an Englishman.
Experiment solitary touching the heaUhfuhess or
unheaUhfulness of the southern wind.
786. It hath been noted by the ancients, that
southern winds, blowing much, without rain, do
cause a feverous disposition of the year; but with
rain, not. The cause is, for that southern winds
do of themselves qualify the air, to be apt to
cause fevers ; but when showers are joined, they
do refrigerate in part, and check the sultry heat
of the southern wind. Therefore this holdeth not
in the sea coasts, because the vapour of the sea,
without showers, doth refresh.
Experiment solitary touching wounds.
787. It hath been noted by the ancients, that
wounds which are made with brass heal more
easily than wounds made with iron. The cause
is, for that brass hath in itself a sanative virtue ;
and so in the very instant helpeth somewhat : but
iron is corrosive and not sanative. And therefore
it were good, that the instruments which are used
by chirurgeons about wounds, were rather of brass
than iron.
Experiment solitary touching mortification by cold.
788. In the cold countries, when men's noses
and cars are mortified, and, as it were, gangrened
with cold, if they come to a fire they rot off pre-
sently. The cause is, for that the few spirits
that remain in those parts, are suddenly drawn
forth, and so putrefaction is made complete. But
snow put upon them helpeth : for that it pre-
served those spirits that remain, till t&ey can re-
vive; and besides, snow hath in it a secret
warmth: as the monk proved out of the text;
44 qui d at nivem sicut lanam, gelu sicut cineres
spargit." Whereby he did infer, that snow did
warm like wool, and frost did fret like ashes.
Warm water also doth good; because by little
and little it openeth the pores, without any sud-
den working upon the spirits. This experiment
may be transferred to the cure of gangrenes, either
coming of themselves, or induced by too much
applying of opiates ; wherein you must beware of
dry heat, and resort to things that are refrigerant,
with an inward warmth, and virtue of cherishing.
Experiment solitary touching weight.
789. Weigh iron and aqua fortis severally;
then dissolve the iron in the aqua fortis, and
Ceht. VIIL
NATURAL HISTORY.
107
weigh the dissolution; and you shall find it to
bear as good weight as the bodies did severally :
notwithstanding a good deal of waste by a thick
yapour that issueth during the working; which
showeth that the opening of a body doth increase
the weight. This was tried once or twice, but I
know not whether there were any error in the
trial.
Experiment solitary touching the super-natation of
bodies,
790. Take of aqua fortis two ounces, of quick-
silver two drama, for that charge the aqua fortis
will bear, the dissolution will not bear a flint as
big as a nutmeg; yet, no doubt, the increasing
of the weight of water will increase its power of
bearing; as we see brine, when it is salt enough,
will bear an egg. And I remember well a physi-
cian, that used to give some mineral baths for the
gout,&c. ; and the body, when it was put into the
bath, could not get down so easily as in ordinary
water. But it seemeth the weight of the quick-
silver more than the weight of a stone, doth not
compense the weight of a stone more than the
weight of the aqua fortis.
Experiment solitary touching the flying of unequal
bodies in the air.
791. Let there be a body of unequal weight, as
of wood and lead, or bone and lead, if you throw
it from you with the light end forward, it will
turn, and the weightier end will recover to be
forwards; unless the body be over-long. The
cause is, for that the more dense body hath a more
violent pressure of the parts from the first impul-
sion; which is the cause, though heretofore not
found out, as hath been often said, of all violent
motions; and when the hinder part moveth
swifter, for that it less endureth pressure of parts,
than the forward part can make way for it, it
must needs be that the body turn over : for, turned,
it can more easily draw forward the lighter part.
Galilsus noteth it well, that if an open trough
wherein water is, be driven faster than the water
can follow, the water gathereth upon an heap to-
wards the hinder end, where the motion began,
which he supposeth, holding confidently the mo-
tion of the earth, to be the cause of the ebbing and
flowing of the ocean: because the earth over-run-
neth the water. Which theory, though it be
false, yet the first experiment is true. As for the
inequality of the pressure of parts, it appeareth
manifestly in this ; that if you take a body of
stone or iron, and another of wood, of the same
magnitude and shape, and throw them with equal
force, you cannot possibly throw the wood so far
as the stone or iron.
Experiment solitary touching water, that it may be
the medium of sounds.
793. It is certain, as it hath been formerly in
part touched, that water may be the medium of
sounds. If you dash a stone against a stone in
the bottom of the water, it maketh a sound. So
a long pole struck upon gravel in the bottom of
the water maketh a sound. Nay, if you should
think that the sound cometh up by the pole, and
not by the water, you shall find that an anchor
let down by a rope maketh a sound ; and yet the
rope is no solid body whereby the sound can as-
cend.
Experiment solitary of the flight of the spirits upon
odious objects.
793. All objects of the senses which are very
offensive do cause the spirits to retire : and upon
their flight, the parts are, in some degree, desti-
tute ; and so there is induced in them a trepida-
tion and horror. For sounds, we see that the
grating of a saw, or any very harsh noise, will
set the teeth on edge, and make all the body
shiver. For tastes, we see that in the taking of
a potion or pills, the head and the neck shake.
For odious smells, the like effect followeth, which
is less perceived, because there is a remedy at
hand by stopping of the nose ; but in horses, that
can use no such help, we see the smell of a car-
rion, especially of a dead horse, maketh them fly
away, and take on almost as if they were mad.
For feeling, if you eome out of the sun suddenly
into a shade, there followeth a dullness or shi-
vering in all the body. And even in sight which
hath in effect no odious object, coming into sud-
den darkness induceth an offer to shiver.
Experiments in consort touching the super-reflec-
tion of echoes.
794. There is in the city of Ticinum in Italy,
a church which hath windows only from above ;
it is in length a hundred feet, in breadth twenty
feet, and in height near fifty ; having a door in
the midst. It reporteth the voice twelve or thirteen
times, if you stand by the close end wall over
against the door. The echo fadeth, and dieth by
little and little, as the echo at Pont-C ha ronton doth.
And the voice soundeth as if it came from above
the door. And if you stand at the lower end, or
on either side of the door, the echo holdeth ; but
if you stand in the door, or in the midst just over
against the door, not. Note, that all echoes sound
better against old walls than new ; because they
are more dry and hollow.
Experiment solitary touching the force of imagina-
tion, imitating that of the sense.
795. Those effects which are wrought by the
percussion of the sense, and by things in fact, are
produced likewise in some degree by the imagi-
nation. Therefore if a man see another eat sour
or acid things, which set the teeth on edge, this
object tainteth the imagination. So that he that
seeth the thing done by another, hath his own
no
NATURAL HISTORY.
Cirr. IX.
lence in the summer following ; for putrefaction
doth not rise to its height at once.
805. It were good to lay a piece of raw flesh or
fish in the open air ; and if it putrefy quickly, it
is a sign of a disposition in the air to putrefaction.
And because you cannot be informed whether the
putrefaction be quick or late, except you compare
this experiment with the like experiment in an-
other year, it were not amiss in the same year,
and at the same time, to lay one piece of flesh or
fish in the open air, and another of the same kind
and bigness within doors : for I judge, that if a
general disposition be in the air to putrefy, the
flesh, or fish, will sooner putrefy abroad where the
air hath more power, than in the house, where it
hath less, being many ways corrected. And this
experiment would be made about the end of
March: for that season is likeliest to discover
what the winter hath done, and what the summer
following will do, upon the air. And because the
air, no doubt, receiveth great tincture and infu-
sion from the earth ; it were good to try that ex-
posing of flesh or fish, both upon a stake of wood
some height above the earth, and upon the flat of
the earth.
806. Take May-dew, and see whether it putre-
fy quickly or no ; for that likewise may disclose
the quality of the air, and vapour of the earth,
more or less corrupted.
807. A dry March, and a dry May, portend a
wholesome summer, if there be a showering April
between : but otherwise it is a sign of a pestilen-
tial year.
808. As the discovery of the disposition of the
air is good for the prognostics of wholesome and
unwholesome years; so it is of much more use,
for the choice of places to dwell in : at the least,
for lodges, and retiring places for health : for
mansion-houses respect provisions as well as
health, wherein the experiments above-mentioned
may serve.
809. But for the choice of places, or seats, it is
good to make trial, not only of aptness of air to
corrupt, but also of the moisture and dryness of
the air, and the temper of it in heat or cold ; for
that may concern health diversely. We see that
there be some houses, wherein sweetmeats will
relent, and baked meats will mould, more than in
others ; and wainscots will also sweat more ; so
that they will almost run with water ; all which,
no doubt, are caused chiefly by the moistness of
the air in those seats. But because it is better to
know it before a man buildeth his house, than to
find it after, take the experiments following.
810. Lay wool, or a sponge, or bread, in the
place you will try, comparing it with some other
places ; and see whether it doth not moisten, and
make the wool, or sponge, &c., more ponderous
than the other : and if it do, you may judge of
that place, as situated in a gross and moist air.
811. Because it is certain, that in some places,
either by the nature of the earth, or by the situa-
tion of woods and hills, the air is more unequal
than in others ; and inequality of air is ever an
enemy to health ; it were good to take two wea-
ther-glasses, matches in all things, and to set
them, for the same hours of one day, in several
places, where no shade is, nor enclosures; and to
mark when you set them, how far the water
cometh ; and to compare them, when you come
again, how the water standeth then ; and if you
find them unequal, you may be sure that the place
where the water is lowest is in the warmer air,
and the other in the colder. And the greater the
inequality be, of the ascent or descent of the wa-
ter, the greater is the inequality of the temper of
the air.
812. The predictions likewise of cold and long
winters, and hot and dry summers, are good to
be known, as well for the discovery of the causes,
as for divers provisions. That of plenty of haws,
and hips, and brier-berries, hath been spoken of
before. If wainscot, or stone, that have used to
sweat, be more dry in the beginning of winter, or
the drops of the eaves of houses come more slow-
ly down than they use, it portendeth a hard and
frosty winter. The cause is, for that it showeth
an inclination of the air to dry weather, which in
winter is ever joined with frost.
813. Generally a moist and cool summer por-
tendeth a hard winter. The cause is, for that the
vapours of the earth are not dissipated in the sum-
mer by the sun ; and so they rebound upon the
winter.
814. A hot and dry summer, and autumn, and
especially if the heat and drought extend far into
September, portendeth an open beginning of win-
ter ; and colds to succeed toward the latter part
of the winter, and the beginning of the spring:
for till then the former heat and drought bear the
sway, and the vapours are not sufficiently multi-
plied.
815. An open and warm winter portendeth a hot
and dry summer; for the vapours disperse into
the winter showers ; whereas cold and frost keep-
eth them in, and transported them into the late
spring and summer following.
81G. Birds that use to change countries at cer-
tain seasons, if they come earlier, do show the
temperature of weather, according to that country
whence they came : as the winter birds, namely,
woodcocks, feldfares, &c, if they come earlier,
and out of the northern countries, with us show
cold winters. And if it be in the same country,
then they show a temperature of season, like unto
that season in which they come : as swallows,
bats, cuckoos, &c., that come towards summer, if
they come early, show a hot summer to follow.
817. The prognostics, more immediate of wea-
ther to follow soon after, are more certain than
those of seasons. The resounding of the sea
upon the shore ; and the murmur of winds in the
Cent. IX.
NATURAL HISTORY.
HI
woods, without apparent wind, show wind to fol-
low ; for such winds breathing chiefly out of the
earth, are not at the first perceived, except they
be pent by water or wood. And therefore a mur-
mur out of caves likewise portendeth as much.
818. The upper regions of the air perceive the
collection of the matter of tempests and winds,
before the air here below ; and therefore the ob-
scuring of the smaller stars is a sign of tempest
following. And of this kind you shall find a
number of instances in our inquisition De ventis.
819. Great mountains have a perception of the
disposition of the air to tempests, sooner than the
valleys or plains below : and therefore they say
in Wales, when certain hills have their night-caps
on, they mean mischief. The cause is, for that
tempests, which are for the most part bred above
in the middle region, as they call it, are soonest
perceived to collect in the places next it.
820. The air, and fire, have subtile perceptions
of wind rising, before men find it. We see the
trembling of a candle will discover a wind that
otherwise we do not feel ; and the flexuous burn-
ing of flames doth show the air beginneth to be
unquiet ; and so do coals of fire by casting off the
ashes more than they use. The cause is, for that
no wind at the first, till it hath struck and driven
the air, is apparent to the sense ; but flame is
easier to move than air : and for the ashes, it is
no marvel, though wind unperceived shake them
off; for we usually try which way the wind blow-
eth, by casting up grass, or chaff, or such light
things into the air.
821. When wind expireth from under the sea,
as i t cause th some resounding of the water, where-
of we spake before, so it causeth some light mo-
tions of bubbles, and white circles of froth. The
cause is, for that the wind cannot be perceived by
the sense, until there be an eruption of a great
quantity from under the water ; and so it getteth
into a body : whereas in the first putting up it
cometh in little portions.
822. We spake of the ashes that coals cast off;
and of grass and chaff carried by the wind ; so
any light thing that moveth when we find no wind
showeth a wind at hand ; as when feathers, or
down of thistles, fly to and fro in the air.
For prognostics of weather from living creatures
it is to be noted, that creatures that live in the
open air, sub dio, must needs have a quicker im-
pression from the air, than men that live most
within doors; and especially birds who live in
the air freest and clearest ; and are aptest by their
voice to tell tales what they find, and likewise
by the motion of their flight to express the same.
823. Water-fowls, as sea-gulls, moor-hens, &c,
when they flock and fly together from the sea
towards the shores ; and contrariwise, land-birds,
as crows, swallows, &c, when they fly from the
land to the waters, and beat the waters with their
wings, do foreshow rain and wind. The cause
is, pleasure that both kinds take in the moistness
and density of the air ; and so desire to be in mo-
tion, and upon the wing, whithersoever they
would otherwise go ; for it is no marvel, that
water-fowl do joy most in that air which is likest
water: and land-birds also, many of them, de-
light in bathing, and moist air. For the same
reason also, many birds do prune their feathers ;
and geese do gaggle; and crows seem to call
upon rain : all which is but the comfort they
seem to receive in the relenting of the air.
824. The heron, when she soareth high, so as
sometimes 6he is seen to pass over a cloud,
showeth winds : but kites flying aloft show fair
and dry weather. The cause may be, for that
they both mount most into the air of that temper
wherein they delight: and the heron being a
water-fowl, taketh pleasure in the air that is con-
densed ; and besides, being but heavy of wing,
needeth the help of the grosser air. But the kite
affecteth not so much the grossness of the air, as
the cold and freshness thereof : for being a bird
of prey, and therefore hot, she delighteth in the
fresh air, and many times flieth against the
wind, as t routs and salmons swim against the
stream. And yet it is true also, that all birds
find an ease in the depth of the air, as swimmers
do in a deep water. And therefore when they
are aloft, they can uphold themselves with their
wings spread, scarce moving them.
825. Fishes, when they play towards the top
of the water, do commonly foretell rain. The
cause is, for that a fish hating the dry, will not
approach the air till it groweth moist ; and when
it is dry, will fly it, and swim lower.
826. Beasts do take comfort generally in a
moist air: and it maketh them eat their meat
better ; and therefore sheep will get up betimes
in the morning to feed against rain : and cattle,
and deer, and conies, will feed hard before rain ;
and a heifer will put up her nose, and snuff in
the air against rain.
827. The trefoil against rain swelleth in the
stalk ; and so stand eth more upright : for by wet,
stalks do erect, and leaves bow down. There is
a small red flower in the stubble-fields, which
country-people call the wincopipe; which if it
open in the morning, you may be sure of a fair
day to follow.
828. Even in men, aches, and hurts, and corns,
do engrieve either towards rain, or towards frost:
for the one maketh the humours more to abound ;
and the other maketh them sharper. So we see
both extremes bring the gout.
829. Worms, vermin, &c, do foreshow like-
wise rain : for earthworms will come forth, and
moles will cast up more, and fleas bite more,
against rain.
830. Solid bodies likewise foreshow rain. As
stones and wainscot, when they sweat : and boxes
and pegs of woods, when they draw and wind
113
NATURAL HISTORY.
Ccmt.IX.
hard ; though the former be but from an outward
cause; for that the stone, or wainscot, turnoth
and beateth back the air against itself; and the
latter is an inward swelling of the body of the
wood itself.
Experiment solitary touching the nature of appetite
in the stomach.
831. Appetite is moved chiefly by things that
are cold and dry ; the cause is, for that cold is a
kind of indigence of nature, and calleth upon
supply ; and so is dryness : and therefore all sour
things, as vinegar, juice of lemons, oil of vitriol,
&c., provoke appetite. And the disease which
they call appetitus caninus, consisteth in the
matter of an acid and glassy phlegm in the mouth
of the stomach. Appetite is also moved by sour
things ; for that sour things induce a contraction
in the nerves placed in the mouth of the stomach,
which is a great cause of appetite. As for the
cause why onions, and salt, and pepper in baked
meats, move appetite, it is by vesication of those
nerves; for motion whetteth. As for wormwood,
olives, capers, and others of that kind, which par-
ticipate of bitterness, they move appetite by ab-
stersion. So as there be four principal causes of
appetite ; the refrigeration of the stomach joined
with some dryness, contraction, vellication, and
abstersion ; besides hunger ; which is an empti-
ness ; and yet over-fasting doth, many times,
cause the appetite to cease ; for that want of meat
maketh the stomach draw humours, and such
humours as are light and choleric, which quench
appetite most.
Experiment solitary touching sweetness of odour
from the rainbow.
832. It hath been observed by the ancients,
that where a rainbow seeraeth to hang over or
to touch, there breatheth forth a sweet smell.
The cause is, for that this happeneth but in cer-
tain matters, which have in themselves some
sweetness; which the gentle dew of the rainbow
doth draw forth : and the like do soft showers ;
for they also make the ground sweet : but none
are so delicate as the dew of the rainbow where
it falleth. It may be also that the water itself
hath some sweetness ; for the rainbow consisteth
of a glomeration of small drops, which cannot
possibly fall but from tho air that is very low ;
and therefore may hold the very sweetness
of the herbs and flowers, as a distilled water;
for rain, and other dew that fall from high, can-
not preserve the smell, being dissipated in the
drawing up : neither do we know, whether some
water itself may not have some degree of sweet-
ness. It is true, that we And it sensibly in no
pool, river, nor fountain ; but good earth, newly
turned up, hath a freshness and good scent;
which water, if it be not too equal, for equal ob-
jects never move the sense, may also have.
Certain it is, that bay-salt, which U but a kind
of water eongealed, will sometimes smell like
violets.
Experiment solitary touching sweet smells.
833. To sweet smells heat is requisite to con-
coct the matter ; and some moisture to spread the
breath of them. For heat, we see that woods
and spices are more odorate in the hot countries
than in the cold : for moisture, we see thai thing!
too much dried lose their sweetness : and flowers
growing, smell better in a morning or evening
than at noon. Some sweet smells are destroyed
by approach to the fire ; as violets, wallflower!,
gillyflowers, pinks; and generally all flower!
that have cool and delicate spirits. Some con-
tinue both on the fire, and from the Ore ; as rose-
water, &c. Some do scarce come forth, or at
least not so pleasantly, as by means of the fire;
as juniper, sweet gums, &c., and all smells that
are enclosed in a fast body : but generally those
smells are the most grateful, where the degree
of heat is small ; or where the strength of the
smell is allayed ; for these things do rather woo
the sense, than satiate it. And therefore the
smell of violets and roses exceedeth in sweetness
that of spices and gums ; and the strongest sort
of smells are best in a weft afar off.
Experiment solitary touching the corporeal sub-
stance of smells.
834. It is certain, that no smell iasoeth bat
with emission of some corporeal substance ; not
as it is in light, and colours, and in sounds.
For we see plainly, that smell doth spread no-
thing that distance that the other do. It is true,
that some woods of oranges, and heaths of rose-
mary, will smell a great way into the sea, per-
haps twenty miles ; but what is that, since a peal
of ordnance will do as much, which moveth in a
small compass? Whereas those woods and
heaths are of vast spaces ; besides, we see that
smells do adhere to hard bodies; as in perfum-
ing of gloves, &c., which showeth them corporeal;
and do last a great while, which sounds and light
do not.
Experiment solitary touching fetid and fragrant
odours.
835. The excrements of most creatures smell
ill; chiefly to the same creature that voideth
them: for we see, besides that of man, that
pigeons and horses thrive best, if their houses
and stables be kept sweet, and so of cage birds :
and the catburieth that which she voideth : and it
holdeth chiefly in those beasts which feed upon
flesh. Dogs almost only of beasts delight in fetid
odours, which showeth there is somewhat in their
sense of smell differing from the smells of other
beasts. But the cause why excrements smell ill
is manifest; for that the body itself rejecteth
Cent. IX.
NATURAL HISTORY.
118
them; much more the spirits: and we see that
those excrements that are of the first digestion,
smell the worst; as the excrements from the
belly ; those that are from the second digestion
less ill : as urine ; and those that are from the
third, yet less: for sweat is not so bad as the
other two; especially of some persons, that are
foil of heat. Likewise most putrefactions are
of an odious smell : for they smell either fetid or
mouldy. The cause may be, for that putrefaction
doth bring forth such a consistence, as is most
contrary to the consistence of the body whilst it
is sound : for it is a mere dissolution of that form.
Besides, there is another reason, which is pro-
found : and it is, that the objects that please any
of the senses hare all some equality, and, as it
were, order in their composition ; but where those
are wanting, the object is ever ingrate. So mix-
tore of many disagreeing colours is ever unplea-
sant to the eye : mixture of discordant sounds
is unpleasant to the ear: mixture, or hotchpotch
of many tastes, is unpleasant to the taste ; harsh-
ness and ruggedness of bodies is unpleasant to
the touch ; now it is certain, that all putrefaction,
being a dissolution of the first form, is a mere
confusion and unformed mixture of the part. Ne-
vertheless it is strange, and seemeth to cross the
former observation, that some putrefactions and
excrements do yield excellent odours, as civet and
musk; and, as some think, ambergrease: for
divers take it, though improbably, to come from
the sperm of fish : and the moss we spake of from
apple-trees is little better than an excretion. The
reason may be, for that there passeth in the ex-
crements, and remaineth in the putrefactions,
tome good spirits ; especially where they pro-
ceed from creatures that are very hot. But it
may be also joined with a further cause, which is
more subtile ; and it is, that the senses love not
to be over-pleased, but to have a commixture of
somewhat that is in itself ingrate. Certainly,
we see how discords in music, falling upon con-
cords, make the sweetest strains : and we see
again, what strange tastes delight the taste : as
red herrings, caviary, parraesan, &c. And it
may be the same holdeth in smells : for those kind
of smells that we have mentioned, are all strong,
and do pull and vellicate the sense. And we find
also, that places where men urine, commonly
have some smells of violets : and urine, if one
hath eaten nutmeg, hath so too.
The slothful, general, and indefinite contem-
plations, and notions, of the elements and their
conjugations ; of the influences of heaven ; of heat,
cold, moisture, drought, qualities active, passive,
and the like, have swallowed up the true pas-
sages, and processes, and affects, and consis-
tences of matter and natural bodies. Therefore
they are to be set aside, being but notional and ill
limited ; and definite axioms are to be drawn out
of measured instances : and so assent to be made
Vol. II.— 15
to the more general axioms by scale. And of
these kinds of processes of natures and charac-
ters of matter, we will now set down some in-
stances.
Experiment solitary touching ike cause* of putrefac-
tion.
836. All putrefactions come chiefly from the
inward spirits of the body ; and partly also from
the ambient body, be it air, liquor, or whatsoever
else. And this last by two means : either by in-
gress of the substance of the ambient body into
the body putrefied ; or by excitation and solicita-
tion of the body putrefied, and the parts thereof,
by the body ambient. As for the received opi-
nion, that putrefaction is caused, either by cold, or
peregrine and preternatural heat, it is but nuga-
tion : for cold, in things inanimate, is the greatest
enemy that is to putrefaction ; though it extin-
guisheth vivification, which ever consisteth in
spirits attenuate, which the cold doth congeal
and coagulate. And as for the peregrine heat, it
is thus far true, that if the proportion of the ad-
ventive heat be greatly predominant to the
natural heat and spirits of the body, it tendeth to
dissolution, or notable alteration. But this is
wrought by emission, or suppression, or suffoca-
tion, of the native spirits ; and also by the disor-
dination and discoraposture of the tangible parts,
and other passages of nature, and not by a con-
flict of heats.
Experiment solitary touching bodies unperfectly
mixed.
837. In versions, or main alterations of bodies,
there is a medium between the body, as it is at
first, and the body resulting; which medium is
corpus imperfecte mistum, and is transitory, and
not durable ; as mists, smokes, vapours, chylus
in the stomach, living creatures in the first vivifi-
cation; and the middle action, which produceth
such imperfect bodies, is fitly called, by some of
the ancients, inquination, or inconcoction, which
is a kind of putrefaction : for the parts are in con-
fusion, till they settle one way or other.
Experiment solitary touching concoction and
crudity.
838. The word concoction, or digestion, is
chiefly taken into use from living creatures and
their organs ; and from thence extended to liquors
and fruits, &c. Therefore they speak of meat
concocted ; urine and excrements concocted ; and
the four digestions, in the stomach, in the liver,
in the arteries and nerves, and in the several
parts of the body, are likewise call concoctions :
and they are all made to be the works of heat;
all which notions are but ignorant catches of a
few things, which are most obvious to men's ob-
servations. The constantest notion of concoction
is, that it should signify the degrees of alteration,
x9
114
NATURAL HISTORY.
Ceht.IX.
of one body into another, from crudity to perfect
concoction ; which is the ultimity of that action
or process ; and while the body to be converted
and altered is too strong for the efficient that
should convert or alter it, whereby it resisteth
and holdeth fast in some degree the first form or
consistence, it is all that while crude and incon-
coct : and the process is to be called crudity and
inconcoction. It is true, that concoction is in
great part the work of heat, but not the work of
heat alone : for all things that further the conver-
sion or alteration, as rest, mixture of a body al-
ready concocted, &c., are also means to concoc-
tion. And there are of concoction two periods ;
the one assimilation, or absolute conversion and
subaction; the other maturation; whereof the
former is most conspicuous in the bodies of living
creatures : in which there is an absolute conver-
sion and assimilation of the nourishment into the
body : and likewise in the bodies of plants : and
again in metals, where there is a full transmuta-
tion. The other, which is maturation, is seen in
liquors and fruits ; wherein there is not desired,
nor pretended, an utter conversion, but only an
alteration to that form which is most sought for
man's use ; as in clarifying of drinks, ripening of
fruits, &c. But note, that there be two kinds of
absolute conversions ; the one is, when a body is
converted into another body, which was before ;
as when nourishment is turned into flesh ; that is
it which we call assimilation. The other is,
when the conversion is into a body merely new,
and which was not before ; as if silver should be
turned to gold, or iron to copper: and this con-
version is better called, for distinction sake, trans-
mutation.
Experiment solitary touching alterations, which
may he called majors.
839. There are also divers other great altera-
tions of matter and bodies, besides those that tend
to concoction and maturation; for whatsoever
doth so alter a body, as it retumeth not again to
that it was, may be called "alteratio major;" as
when meat is boiled, or roasted, or fried, etc., or
when bread and meat are baked ; or when cheese
is made of curds, or butter of cream, or coals of
wood, or bricks of earth ; and a number of others.
But to apply notions philosophical to plebeian
terms ; or to say, where the notions cannot fitly
be reconciled, that there wanteth a term or nomen-
clature for it, as the ancients used, they be but
shifts of ignorance; for knowledge will be ever a
wandering and indigested thing, if it be but a
commixture of a few notions that are at hand and
occur, and not excited from sufficient number of
instances, and those well collated.
The consistence of bodies are very diverse :
dense, rare ; tangible, pneuraatical ; volatile, fixed ;
determinate, not determinate; hard, soft; cleav-
ing, not cleaving; congelable, not congelable, li-
quefiable, not liquefiable ; fragile, tough; flexible-
inflexible ; tractile, or to be drawn forth in length,
intractile ; porous, solid ; equal and smooth, un,
equal ; venous and fibrous, and with grains, entire;
and divers others ; all which to refer to heat, and
cold, and moisture, and drought, is a compendious
and inutile speculation. But of these see princi-
pally our " Abecedarium nature;" and otherwise
"sparsim" in this our "Sylva Sylvarum:"
nevertheless, in some good part, we shall handle
divers of them now presently.
Experiment solitary touching bodies liquefiable,
and not liquefiable.
840. Liquefiable, and not liquefiable, proceed
from these causes ; liquefaction is ever caused by
the detention of the spirits, which play within the
body and open it. Therefore such bodies as ire
more turgid of spirit; or that have their spirits
more straitly imprisoned; or, again, that hold
them better pleased and content, are liquefiable:
for these three dispositions of bodies do arrest the
emission of the spirits. An example of the first
two properties is in metals ; and of the last in
grease, pitch, sulphur, butter, wax, &c. The dis-
position not to liquefy proceedeth from the easy
emission of the spirits, whereby the grosser parts
contract; and therefore bodies jejune of spirits,
or which part with their spirits more willingly,
are not liquefiable; as wood, clay, free-stone,
&c. But yet even many of those bodies that
will not melt, or will hardly melt, will notwith-
standing soften : as iron in the forge ; and a stick
bathed in hot ashes, which thereby becometh
more flexible. Moreover there are some bodies
which do liquefy or dissolve by fire ; as metals,
wax, &c. : and other bodies which dissolve in wa-
ter; as salt, sugar, &c. The cause of the former
proceedeth from the dilatation of the spirits by
heat: the cause of the latter proceedeth from the
opening of the tangible parts, which desire to
receive the liquor. Again, there are some bodies
that dissolve with both : as gum, etc. And those
be such bodies, as on the one side have good
store of spirit; and on the other side, have the
tangible parts indigent of moisture ; for the former
helpeth to the dilating of the spirits by fire ; and
the latter stimulateth the parts to receive the
liquor.
Experiment solitary touching bodies fragile and
tough.
841. Of bodies, some are fragile: and some
are tough, and not fragile ; and in the breaking,
some fragile bodies break but where the force is ;
some shatter and fly in many pieces. Of fragili-
ty, the cause is an impotency to be extended;
and therefore stone is more fragile than metal;
and so fictile earth is more fragile than crude
earth ; and dry wood than green. And the cause
of this unaptness to extension, is the small quan-
Cent. IX.
NATURAL HISTORY.
115
tity of spirits, for it is the spirit that furthereth
the extension or dilatation of bodies, and it is
ever concomitant with porosity, and with dryness
in the tangible parts : contrariwise, tough bodies
hare more spirit, and fewer pores, and moister
tangible parts : therefore we see that parchment
or leather will stretch, paper will not; woollen
cloth will tenter, linen scarcely.
Experiment solitary touching the two kinds of
pneumatieals in bodies,
842. All solid bodies consist of parts of two
several natures, pneumatical and tangible; and
it is well to be noted, that the pneumatical sub-
stance is in some bodies the native spirit of the
body, and in some other, plain air that is gotten
in ; as in bodies desiccate by heat or age : for in
them when the native spirit goeth forth, and the
moisture with it, the air with time getteth into
the pores. And those bodies are ever the more
fragile ; for the native spirit is more yielding and
extensive, especially to follow the parts, than air.
The native spirits also admit great diversity ; as
hot, cold, active, dull, &c, whence proceed most
of the virtues and qualities, as we call them, of
bodies : but the air intermixed is without virtues,
and maketh things insipid, and without any ex-
stimulation.
Experiment solitary touching concretion and disso-
lution of bodies.
843. The concretion of bodies is commonly
solved by the contrary ; as ice, which is congealed
by cold, is dissolved by heat; salt and sugar,
which are excocted by heat; are dissolved by
cold and moisture. The cause is, for that these
operations are rather returns to their former na-
ture, than alterations ; so that the contrary cureth.
As for oil, it doth neither easily congeal with
cold, nor thicken with heat. The cause of both
effects, though they be produced by contrary effi-
cients, seemeth to be the same ; and that is, be-
cause the spirit of the oil by either means exhaleth
little, for the cold keepeth it in : and the heat,
except it be vehement, doth not call it forth. As
for cold, though it take hold of the tangible parts,
yet as to the spirits, it doth rather make them
swell than congeal them: as when ice is con-
gealed in a cup, the ice will swell instead of con-
tracting, and sometimes rift.
Experiment solitary touching hard and soft bodies,
844. Of bodies, some we see are hard, and some
soft : the hardness is caused chiefly by the jejune-
ness of the spirits, and their imparity with the
tangible parts : both which, if they be in a greater
degree, make them not only hard, but fragile, and
less enduring of pressure ; as steel, stone, glass,
dry wood, &c. Softness cometh, contrariwise, by
the greater quantity of spirits, which ever helpeth
to induce yielding and cession, and by the more
equal spreading of the tangible parts, which there-
by are more sliding and following: as in gold,
lead, wax, &c. But note, that soft bodies, as we
use the word, are of two kinds ; the one, that ea-
sily giveth place to another body, but altereth not
bulk, by rising in other places : and therefore we
see that wax, if you put any thing into it, doth
not rise in bulk, but only giveth place ; for you
may not think, that in printing of wax, the wax
riseth up at all; but only the depressed part
giveth place, and the other remaineth as it was.
The other that altereth bulk in the cession, as
water, or other liquors, if you put a stone or any
thing into them, they give place indeed easily, but
then they rise all over ; which is a false cession ;
for it is in place, and not in body.
Experiment solitary touching bodies ductile and
tensile,
845. All bodies ductile and tensile, as metals,
that will be drawn into wires ; wool and tow, that
will be drawn into yarn or thread, have in them
the appetite of not discontinuing strong, which
maketh them follow the force that pulleth them
out ; and yet so as not to discontinue or forsake
their own body. Viscous bodies likewise, as
pitch, wax, bird-lime, cheese toasted, will draw
forth and rope. But the difference between bodies
fibrous and bodies viscous is plain : for all wool,
and tow, and cotton, and silk, especially raw silk,
have, besides their desire of continuance, in re-
gard of the tenuity of their thread, a greediness
of moisture ; and by moisture to join and incorpo-
rate with other thread ; especially if there be a
little wreathing; as appeareth by the twisting of
thread, and the practice of twirling about of spin-
dles. And we see also, that gold and silver
thread cannot be made without twisting.
Experiment solitary touching other passions of mat-
ter, and characters of bodies,
846. The differences of impressible and not im-
pressible ; figurable and not figurable ; mouldable
and not mouldable ; scissile and not scissile, and
many other passions of matter, are plebeian no-
tions applied unto the instruments and uses which
men ordinarily practise ; but they are all but the
effects of some of these causes following, which
we will enumerate without applying them, be-
cause that will be too long. The first is the ces-
sion, or not cession of bodies, into a smaller space
or room, keeping the outward bulk, and not fly-
ing up. The second is the. stronger or weaker
appetite in bodies to continuity, and to fly discon-
tinuity. The third is the disposition of bodies to
contract, or not contract : and again, to extend, or
not extend. The fourth is the small quantity, or
great quantity of the pneumatical in bodies. The
fifth is the nature of the pneumatical, whether it
be native spirit of the body, or common air. The
sixth is the nature of the native spirits in the body,
116
NATURAL HISTORY.
C wrr. IX.
whether they be active and eager, or dul) and gen-
tle. The seventh is the emission, or detention of
the spirits in bodies. The eighth is the dilatation,
or contraction of the spirits in bodies, while they
are detained. The ninth is the collocation of the
spirits in bodies, whether the collocation be equal,
or unequal; and again, whether the spirits be
coacervate, or diffused. The tenth is the density,
or rarity of the tangible parts. The eleventh is
the equality, or inequality of the tangible parts.
The twelfth is the digestion, or crudity of the
tangible parts. The thirteenth is the nature of
the matter, whether sulphureous or mercurial,
watery or oily, dry and terrestrial, or moist and
liquid ; which natures of sulphureous and mercu-
rial seem to be natures radical and principal.
The fourteenth is the placing of the tangible parts
in length or transverse, as it is in the warp ; nd
the woof of textiles, more inward or more out-
ward, &c. The fifteenth is the porosity or impo-
rosity betwixt the tangible parts, and the greatness
or smallnes8 of the pores. The sixteenth is the col-
location and posture of the pores. There may be
more causes; but these do occur for the present.
Experiment solitary touching induration by sym-
pathy.
847. Take lead and melt it, and in the midst of
it, when it beginneth to congeal, make a little dint
or hole, and put quicksilver wrapped in a piece
of linen into that hole, and the quicksilver will fix
and run no more, and endure the hammer. This
is a noble instance of induration, by consent of
one body with another, and motion of excitation
to imitate ; for to ascribe it only to the vapour of
lead, is less piobable. Query, whether the fixing
may be in sr.cn a degree, as it will be figured like
other metals 1 For if so, you may make works of
it for some purposes, so they come not near the fire.
Experiment solitary touching honey and tugar.
848. Sugar hath put down the use of honey,
insomuch as we have lost those observations
and preparations of honey which the ancients
had, when it was more in price. First, it
seemeth that there was in old time tree-honey,
as well as bee-honey, which was the tear or
blood issuing from the tree: insomuch as one
of the ancients relateth, that in Trebisond
there was honey issuing from the box-trees which
made men mad. Again, in ancient time there
was a kind of honey, which either of its own na-
ture, or by art, would grow as hard as sugar, and
was not so luscious as ours. They had also a
wine of honey, which they made thus. They
crushed the honey into a great quantity of water,
and then strained the liquor : after they boiled it
in a copper to the half; then they poured it into
earthen vessels for a small time, and after turned
it into vessels of wood, and kept it for many years.
They have also at this day, in Russia and those
northern countries, mead simple, which, well
made and seasoned, is a good wholesome drink,
and very clear. They use also in Wales a com-
pound drink of mead, with herbs and spices. Bat
meanwhile it were good, in recompense of that
we have lost in honey, there were brought in use
a sugar-mead, for so we may call it, though with-
out any mixture at all of honey, and to brew it,
and keep it stale, as they use mead : for certainly,
though it would not be so abstersive, and open-
ing, and solutive a drink as mead ; yet it will be
more grateful to the stomach, and more lenitive,
and fit to be used in sharp diseases : for we see,
that the use of sugar in beer and ale hath good
effects in such cases.
Experiment solitary touching the finer sort of bast
metals.
849. It is reported by the ancients, that there
was a kind of steel in some places, which would
polish almost as white and bright as silver. And
that there was in India a kind of brass, which,
being polished, could scarce be discerned from
gold. This was in the natural ure: but I am
doubtful, whether men have sufficiently refined
metals, which we count base ; as whether iron,
brass, and tin be refined to the height! Bat
when they come to such a fineness, as serveth the
ordinary use, they try no farther.
Experiment solitary touching cements and quarries.
850. There have been found certain cements
under earth that are very soft; and yet, taken
forth into the sun, harden as hard as marble:
there are also ordinary quarries in Somersetshire,
which in the quarry cut soft to any bigness, and
in the building prove firm and hard.
Experiment solitary touching the altering of the
colour of hairs ana feathers.
851 . Living creatures generally do change their
hair with age, turning to be gray and white : as is
seen in men, though some earlier, some later; in
horses that are dappled, and turn white; in old
squirrels that turn grisly ; and many others. So
do some birds; as cygnets from the gray turn
white; hawks from brown turn more white.
And some birds there be that upon their moulting
do turn colour ; as robin-red-breasts, after their
moulting, grow to be red again by degrees, so do
goldfinches upon the head. The cause is, for that
moisture doth chiefly colour hair and feathers, and
dryness turneth them grey and white : now hair
in age waxeth drier ; so do feathers. As for fea-
thers, after moulting, they are young feathers, and
so all one as the feathers of young birds. So the
beard is younger than the hair of the head, and
doth, for the most part, wax hoary later. Out of
this ground a man may devise the means of alter-
ing the colour of birds, and the retardation of
hoary hairs. But of this see the fifth experiment.
Cent. IX.
NATURAL HISTORY.
117
Experiment solitary touching the difference* of liv-
ing creature*, male and female,
852. The difference between male and female,
in some creatures, is not to be discerned, other-
wise than in the parts of generation : as in horses
and mares, dogs and bitches, doves he and she,
and others. Bnt some differ in magnitude, and
that diversely ; for in most the male is the greater ;
as in man, pheasants, peacocks, turkeys, and the
like : and in some few, as in hawks, the female.
Some differ in the hair and feathers; both in the
quantity, crispation, and colours of them ; as he-
lions are hirsute, and have great manes : the shea
are smooth like cats. Bulls are more crisp upon
the forehead than cows ; the peacock, and phea-
sant-cock, and goldfinch-cock, have glorious and
fine colours ; the hens have not. Generally the
hes in birds have the fairest feathers. Some
differ in divers features: as bucks have horns,
does none ; rams have more wreathed horns than
ewes; cocks have great combs and spurs, hens
little or none; boars have great fangs; sows
much less ; the turkey-cock hath great and swel-
ling gills, the hen hath less : men have generally
deeper and stronger voices than women. Some
differ in faculty, as the cocks amongst singing-birds
are the best singers. The chief cause of all these,
no doubt is, for that the males have more strength
of heat than the females, which appeareth mani-
festly in this, that all young creatures males are
like females, and so are eunuchs, and gelt creatures
of all kinds, liker females. Now heat cause th
greatness of growth, generally, where there is
moisture enough to work upon : but if there be
found in any creature, which is seen rarely, an
over-great heat in proportion to the moisture, in
them the female is the greater, as in hawks and
sparrows. And if the heat be balanced with the
moisture, then there is no difference to be seen
between male and female, as in the instances of
horses and dogs. We see also, that the horns of
oxen and cows, for the most part, are larger than
the bulls, which is caused by abundance of mois-
ture, which in the horns of the bull faileth.
Again, heat causeth pilosity and crispation, and
so likewise beards in men. It also expelleth
finer moisture, which want of heat cannot expel ;
and that is the cause of the beauty and variety of
feathers. Again, heat doth put forth many ex-
crescences, and much solid matter, which want
of heat cannot do ; and this is the cause of horns,
and of the greatness of them, and of the greatness
of the combs and spurs of cocks, gills of turkey-
cocks, and fangs of boars. Heat also dilateth the
pipes and organs, which causeth the deepness of
the voice. Again, heat refineth the spirits, and that
causeth the cock singing-bird to excel the hen.
Experiment solitary touching the comparative
magnitude of living creatures.
853. There be fishes greater than any beasts ;
as the whale is far greater than the elephant: and
beasts are generally greater than birds. For
fishes, the cause may be, that because they live
not in the air, they have not their moisture drawn
and soaked by the air and sun-beams. Also they
rest always in a manner, and are supported by the
water, whereas motion and labour do consume.
As for the greatness of beasts more than of birds,
it is caused, for that beasts stay longer time in the
womb than birds, and there nourish and grow ;
whereas in birds, after the egg laid, there is no
further growth or nourishment from the female ;
for the sitting doth vivify, and not nourish.
Experiment solitary touching exossation of fruits.
854. We have partly touched before the means
of producing fruits without cores or stones. And
this we add farther, that the cause must be abun-
dance of moisture ; for that the core and stone are
made of dry sap : and we see that it is possible
to make a tree put forth only in blossom, without
fruit, as in cherries with double flowers, much
more into fruit without stone q/ cores. It is re-
ported that a scion of an apple, grafted upon a
colewort stalk, sendeth forth a great apple with-
out a core. It is not unlikely, that if the inward
pith of a tree were taken out, so that the juice
came only by the bark, it would work the effect.
For it hath been observed, that in pollards, if the
water get in on the top, and they become hollow,
they put forth the more. We add also, that it is
delivered for certain by some, that if the scion be
grafted the small end downwards, it will make
fruit have little or no cores and stones.
Experiment solitary touching the melioration of
tobacco.
855. Tobacco is a thing of great price, if it be
in request : for an acre of it will be worth, as is
affirmed, two hundred pounds by the year towards
charge. The charge of making the ground and
otherwise is great, but nothing to the profit; but
the English tobacco hath small credit, as being
too dull and earthy : nay, the Virginian tobacco,
though that be in a hotter climate, can get no
credit for the same cause : so that a trial to make
tobacco more aromatical, and better concocted,
here in England, were a thing of great profit.
Some have gone about to do it by drenching the
English tobacco in a decoction or infusion of In-
dian tobacco; but those are but sophistications
and toys; for nothing that is once perfect, and
hath run his race, can receive much amendment.
You must ever resort to the beginnings of things
for melioration. The way of maturation of tobacco
must, as in other plants, be from the heat either
of the earth or of the sun : we see some leading
of this in musk-melons, which are sown upon a
hot-bed dunged below, upon a bank turned upon
the south sun, to give heat by reflection ; laid
upon tiles, which increaseth the heat, and covered
118
NATURAL HISTORY.
CcNT. IX.
with straw to keep them from cold. They remove
them also, which addeth some life : and by these
helps they become as good in England, as in Italy
or Provence. These, and the like means, may
be tried in tobacco. Inquire also of the steeping
of the roots in some such liquor as may give them
vigour to put forth strong.
Experiment solitary touching several heats working
the same effects,
856. Heat of the sun for the maturation of
fruits ; yea, and the heat of vivification of living
creatures, are both represented and supplied by
the heat of fire ; and likewise the heats of the sun,
and life, are represented one by the other. Trees
set upon the backs of chimneys do ripen fruit
sooner. Vines, that have been drawn in at the
window of a kitchen, have sent forth grapes ripe
a month at least before others. Stoves at the
back of walls bring forth oranges here with us.
Eggs, as is reported by some, have been hatched
in the warmth of an oven. It is reported by the
ancients, that the ostrich layeth her eggs under
sand, where the heat of the sun discloseth them.
Experiment solitary touching swelling and dilata-
tion in boiling.
857. Barley in the boiling swelleth not much ;
wheat swelleth more ; rice extremely, insomuch
as a quarter of a pint, unboiled, will arise to a
pint boiled. The cause no doubt is, for that the
more close and compact the body is, the more it
will dilate : now barley is the most hollow ;
wheat more solid than that; and rice most solid
of all. It may be also that some bodies have a
kind of lentour, and more depertible nature than
others ; as we see it evident in colouration ; for a
small quantity of saffron will tinct more than a
very great quantity of brasil or wine.
Experiment solitary touching the duleoration of
fruits.
858. Fruit groweth sweet by rolling, or press-
ing them gently with the hand ; as rolling pears,
damascenes, &c. : by rottenness; as medlars,
services, sloes, hips, &c. : by time ; as apples,
wardens, pomegranates, &c. : by certain special
maturations ; as by laying them in hay, straw,
&c. : and by fire ; as in roasting, stewing, bak-
ing, &c. The cause of the sweetness by rolling
and pressing, is emollition, which they properly
induce; as in beating of stock-fish, flesh, &c. :
by rottenness is, for that the spirits of the fniit by
putrefaction gather heat, and thereby digest the
harder part, for in all putrefactions there is a de-
gree of heat : by time and keeping is, because
the spirits of the body do ever feed upon the tan-
gible parts, and attenuate them: by several
maturations is, by some degree of heat : and by
fire is, because it is the proper work of heat to re-
fine, and to incorporate ; and all sourness con-
sisted in some grossness of the body ; and all
incorporation doth make the mixture of the body
more equal in all the parts ; which ever induceth
a milder taste.
Experiment solitary touching flesh edible, and net
edible.
859. Of fleshes, some are edible; some, ex-
cept it be in famine, not. For those that are
not edible, the cause is, for that they have
commonly too much bitterness of taste; and
therefore those creatures which are fierce and
choleric are not edible ; as lions, wolves, squir-
rels, dogs, foxes, horses, &c. As for kine,
sheep, goats, deer, swine, conies, hares, &c., we
see they are mild and fearful. Yet it is true,
that horses, which are beasts of courage, have
been, and are eaten by some nations; as the
Scythians were called Hippophagi ; and the
Chinese eat horse-flesh at this day ; and some
gluttons have used to have colts'-flesh baked. In
birds, such as are carnivore, and birds of prey,
are commonly no good meat, but the reason is,
rather the choleric nature of those birds, than
their feeding upon flesh : for pewets, gulls,
sho veil ere, ducks, do feed upon flesh, and yet are
good meat. And we see that those birds which
are of prey, or feed upon flesh, are good meat
when they are very young ; as hawks, rooks out
of the nest, owls, &c. Man's flesh is not eaten.
The reasons are three : first, because men in
humanity do abhor it : secondly, because no liv-
ing creature that dieth of itself is good to eat :
and therefore the cannibals themselves eat no
man's flesh of those that die of themselves, but
of such as are slain. The third is, because there
must be generally some disparity between the
nourishment and the body nourished ; and they
must not be over-neaT, or like : yet we see, that
in great weaknesses and consumptions, men have
been sustained with woman's milk ; and Faci-
nus, fondly, as I conceive, adviseth, for the pro-
longation of life, that a vein be opened in the
arm of some wholesome young man, and the
blood to be sucked. It is said that witches do
greedily eat man's flesh ; which if it be true, be-
! sides a devilish appetite in them, it is likely to
I proceed, for that man's flesh may send up high
' and pleasing vapours, which may stir the imagina-
tion ; and witches' felicity is chiefly in imagina-
; tion, as hath been said.
Experiment solitary touching the salamander.
I 860. There is an ancient received tradition of the
! salamander, that it liveth in the fire, and hath
force also to extinguish the fire. It must have
two things, if it be true, to this operation : the
one a very close skin, whereby flame, which in
the midst is not so hot, cannot enter; for we see
that if the palm of the hand be anointed thick
with white of egg, and then aqua vitae be poured
upon it, and inflamed, yet one may endure the
CCKT. IX.
NATURAL HISTORY.
119
flame a pretty while. The other is some extreme
cold and quenching virtue in the body of that
creature, which choketh the fire. We see that
milk quencheth wildfire better than water, be-
cause it entereth better.
Experiment solitary touching the contrary opera,
tiont of time upon fruit* and liquors,
861. Time doth change fruit, as apples, pears,
pomegranates, &c., from more sour to more sweet :
but contrariwise liquors, even those that are of
the juice of fruit, from more sweet to more sour :
as wort, musted, new verjuice, &c. The cause
is, the congregation of the spirits together : for
in both kinds the spirit is attenuated by time ;
but in the first kind it is more diffused, and more
mastered by the grosser parts, which the spirits
do but digest: but in drinks the spirits do reign,
and finding less opposition of the parts, become
themselves more strong; which causeth also
more strength in the liquor; «such as if the spirits
be of the hotter sort, the liquor becometh apt to
burn : but in time, it causeth likewise, when the
higher spirits are evaporated, more sourness.
Experiment solitary touching blow* and bruises.
862. It hath been observed by the ancients,
that plates .of metal, and especially of brass, ap-
plied presently to a blow, will keep it down from
swelling. The cause is repercussion, without
humcctation or entrance of any body : for the
plate hath only a virtual cold, which doth not
search into the hurt; whereas all plasters and
ointments do enter. Surely, the cause that blows
and bruises induce swellings is, for that the spirits
resorting to succour the part that laboureth, draw
also the humours with them : for we see, that it
is not the repulse and the return of the humour
in the part strucken that causeth it ; for that gouts
and toothaches cause swelling, where there is no
percussion at all.
Experiment solitary touching the orrice root,
863. The nature of the orrice root is almost
singular ; for there be few odoriferous roots ; and
in those that are in any degree sweet, it is but
the same sweetness with the wood or leaf: but
the orrice is not sweet in the leaf; neither is the
flower any thing so sweet as the root. The root
seeraeth to have a tender dainty heat; which
when it cometh above ground to the sun and the
air, vanisheth.: for it is a great mollifier; and
hath a smell like a violet.
Experiment solitary touching the compression of
liquors,
864. It hath been observed by the ancients,
that a great vessel full, drawn into bottles, and
then the liquor put again into the vessel, will not
fill the vessel again so full as it was, but that it
may take in more liquor : and that this holdeth I
more in wine than in water. The cause may be
trivial : namely, by the expense of the liquor, in
regard some may stick to the sides of the bottles :
but there may be a cause more subtile ; which is,
that the liquor in the vessel is not so much com-
pressed as in the bottle ; because in the vessel
the liquor meeteth with liquor chiefly ; but in the
bottles a small quantity of liquor meeteth with
the sides of the bottles, which compress it so
that it doth not open again.
Experiment solitary touching the working of water
upon air contiguous*
865. Water, being contiguous with air, cooleth
it, but moisteneth it not, except it vapour. The
cause is, for that heat and cold have a virtual
transition, without communication of substance ;
but moisture not : and to all madefaction there is
required an imbibition : but where the bodies are
of such several levity and gravity as they mingle
not, there can follow no imbibition. And there-
fore, oil likewise lieth at the top of the water,
without commixture : and a drop of water running
swiftly over a straw or smooth body, wetteth not.
Experiment solitary touching the nature of air,
866. Starlight nights, yea, and bright moon-
shine nights, are colder than cloudy nights. The
cause is, the dryness and fineness of the air,
which thereby becometh more piercing and sharp ;
and therefore great continents are colder than
islands : and as for the moon, though itself in-
ch neth the air to moisture, yet when it shtneth
bright, it argueth the air is dry. Also close air is
warmer than open air; which, it may be, is, for
that the true cause of cold is an expiration from
the globe of the earth, which in open places is
stronger; and again, air itself, if it be not altered
by that expiration, is not without some secret
degree of heat ; as it is not likewise without some
secret degree of light: for otherwise cats and
owls could not see in the night; but that air hath
a little light, proportionable to the visual spirits
of those creatures.
Experiments in consort touching the eyes and sight,
867. The eyes do move one and the same way ;
for when one eye moveth to the nostril, the other
moveth from the nostril. The cause is, motion of
consent, which in the spirits and parts spiritual
is strong. But yet use will induce the contrary ;
for some can squint when they will : and the
common tradition is, that if children be set upon
a table with a candle behind them, both eyes wil*
move outwards, as affecting to see the light, and
so induce squinting.
868. We see more exquisitely with one eye
shut, than with both open. The cause is, for that
the spirits visual unite themselves more, and so
become stronger. For you may see, by looking
ISO
NATURAL HISTORY.
CcNT. IX.
in a glass, that when you shut one eye, the pupil
of the other eye that is open dilateth.
869. The eyes, if the sight meet not in one
angle, see things double. The cause is, for that
seeing two things, and seeing one thing twice,
worketh the same effect: and therefore a little
pellet held between two fingers laid across,
seemeth double.
870. Poreblind men see best in the dimmer
lights: and likewise have their sight stronger
near hand, than those that are not poreblind ; and
can read and write smaller letters. The cause
is, for that the spirits visual in those that are
poreblind, are thinner and rarer than in others ;
and therefore the greater light disperseth them.
For the same cause they need contracting ; but
being contracted, are more strong than the visual
spirits of ordinary eyes are; as when we see
through a level, the sight is the stronger; and so
is it when you gather the eyelids somewhat
close: and it is commonly seen in those that are
poreblind, that they do much gather the eyelids
togetlwr. But old men, when they would see to
read, put the paper somewhat afar off: the cause
is, for that old men's spirits visual, contrary to
those of poreblind men, unite not, but when the
object is at some good distance from their eyes.
871. Men see better, when their eyes are over-
agninst the sun or candle, if they put their hand a
little before their eyes. The reason is, for that
the glaring of the sun or the candle doth weaken
the eye ; whereas the light circumfused is enough
for the perception. For we see that an over-light
maketh the eyes dazzle ; insomuch as perpetual
looking against the sun would cause blindness.
Again, if men come out of great light into a dark
room ; and contrariwise, if they come out of a
dark room into a light room, they seem to have a
mist before their eyes, and see worse than they
shall do after they have stayed a little while,
either in the light or in the dark. The cause is,
for that the spirits visual are, upon a sudden
change, disturbed and put out of order; and till
they be recollected, do not perform their function
well. For when they are much dilated by light,
they cannot contract suddenly; and when they
are much contracted by darkness, they cannot
dilate suddenly. And excess of both these, that
is, of the dilatation and contraction of the spirits
visual, if it be long destroyeth the eye. For as
long looking against the sun or fire hurteth the
eye by dilatation; so curious painting in small
volumes, and reading of small letters, do hurt the
eye by contraction.
872. It hath been observed, that in anger the
eyes wax red ; and in blushing, not the eyes, but
the ears, and the parts behind them. The cause
is, for that in anger the spirits ascend and wax
eager; which is most easily seen in the eyes,
because they are translucid; though withal it
makoth both the cheeks and the gills red ; but in
blushing, it is true the spirits ascend likewise to
succour both the eyes and the face, which are the
parts that labour ; but then they are repulsed bj
the eyes, for that the eyes, in shame, do put back
the spirits that ascend to them, as unwilling to
look abroad : for no man in that passion doth look
strongly, but dejectedly ; and that repulsion from
the eyes diverteth the spirits and heat more to the
ears, and the parts by them.
873. The objects of the sight may cause a great
pleasure and delight in the spirits, bat no pain or
great offence ; except it be by memory, as hath
been said. The glimpses and beams of diamonds
that strike the eye; Indian feathers, that have
glorious colours ; the coming into a fair garden ;
the coming into a fair room richly furnished; a
beautiful person; and the like; do delight and
exhilarate the spirits much. The reason why it
holdeth not in the offence is, for that the sight is
the most spiritual of the senses ; whereby it hath
no object gross enough to offend it. But the cause
chiefly is, for that there be no active objects to
offend the eye. For harmonical sounds, and dis-
cordant sounds, are both active and positive : so
are sweet. smells and stinks: so are bitter and
sweet in tastes : so are over-hot and over-cold in
touch: but blackness and darkness are indeed
but privatives; and therefore have little or no
activity. Somewhat they do contristate, but very
little.
Experiment solitary touching the colour of the
or other water,
874. Water of the sea, or otherwise, looketh
blacker when it is moved, and whiter when it
resteth. The cause is, for that by means of the
motion, the beams of light pass not straight, and
therefore must be darkened : whereas, when it
resteth, the beams do pass straight. Besides,
splendour hath a degree of whiteness ; especially
if there be a little repercussion : for a looking-
glass with the steel behind, looketh whiter than
glass simple. This experiment deserveth to be
driven farther, in trying by what means motion
may hinder sight.
Experiment solitary touching shell-fish.
875. Shell-fish have been, by some of the
ancients, compared and sorted with the insecta;
but I see no reason why they should ; for they
have male and female as other fish have : neither
are they bred of putrefaction ; especially such as
do move. Nevertheless it is certain, that oysters,
and cockles, and mussels, which move not, have
no discriminate sex. Query, in what time, and
how they are bred 1 It seemeth, that shells of
oysters are bred where none were before ; and it
is tried, that the great horse-mussel, with the
fine shell, that breedeth in ponds, hath bred with-
in thirty years: but then, which is strange, it
hath been tried, that they do not only gape and
Cent. IX.
NATURAL HISTORY.
121
shut as the oysters do, but remove from one place
to another.
Experiment solitary touching the right ride and
the left.
876. The senses are alike strong, both on the
right side and on the left; but the limbs on the
right side are stronger. The cause may be, for
that the brain, which is the instrument of sense,
is alike on both sides ; bat motion, and abilities
of moving, are somewhat holpen from the liver,
which lieth on the right side. It may be also,
for that the senses are put in exercise indifferently
on both sides from the time of our birth ; but the
limbs are used most on the right side, whereby
custom helpeth; for we see that some are left-
handed; which are such as hare used the left
hand most.
Experiment solitary touching frictions.
877. Frictions make the parts more fleshy and
full ; as we see both in men, and in currying of
horses, &c. The cause is, for that they draw
greater quantity of spirits and blood to the parts :
and again, because they draw the aliment more
forcibly from within : and again, because they
relax the pores, and so make better passage for
the spirits, blood, and aliment: lastly, because
they dissipate and digest any inutile or excremen-
titious moisture which lieth in the flesh ; all which
help assimilation. Frictions also do more fill
and impinguate the body than exercise. The
cause is, for that in frictions the inward parts are
at rest ; which in exercise are beaten, many times,
too much : and for the same reason, as we have
noted heretofore, galley-slaves are fat and fleshy
because they stir the limbs more, and the inward
parts less.
Experiment solitary touching globes appearing flat
at distance.
878. All globes afar off appear flat. The cause
is, for that distance, being a secondary object of
sight, is not otherwise discerned, than by more
or less light; which disparity, when it cannot be
discerned, all seemeth one : as it is, generally, in
objects not distinctly discerned ; for so letters, if
they be so far off as they cannot be discerned,
show but as a duskish paper ; and all engravings
and embossings, afar off, appear plain.
Experiment solitary touching shadows,
879. The uttermost parts of shadows seem ever
to tremble. The cause is, for that the little
motes which we see in the sun do ever stir,
though there be no wind; and therefore those
moving, in the meeting of the light and the
shadow, from the light to the shadow, and from
the shadow to the light, do show the shadow to
move, because the medium moveth*
Vol. IL— 16
Experiment solitary touching the rolling and break-
ing of the seas.
880. Shallow and narrow seas break more than
deep and large. The cause is, for that, the im-
pulsion being the same in both, where there is
greater quantity of water, and likewise space
enough, there the water rolleth and moveth, both
more slowly, and with a sloper rise and fall : but
where there is less water, and less space, and the
water dasheth more against the bottom, there it
moveth more swiftly, and more in precipice ; for
in the breaking of the waves there is ever a pre-
cipice.
Experiment solitary touching the dulcoration of
salt water,
881. It hath been observed by the ancients,
that salt water boiled, or boiled and cooled again,
is more potable, than of itself raw : and yet the
taste of salt in distillations by fire riseth not, for
the distilled water will be fresh. The cause may
be, for that the salt part of the water doth partly
rise into a kind of scum on the top, and partly
goeth into a sediment in the bottom, and so is
rather a separation than an evaporation. But it
is too gross to rise into a vapour, and so is a bit-
ter taste likewise; for simple distilled waters, of
wormwood, and the like, are not bitter.
Experiment solitary touching the return of sattncss
in pits upon the seashore.
882. It hath been set down before, that pits
upon the seashore turn into fresh water, by per-
colation of the salt through the sand : but it is
further noted, by some of the ancients, that in
some places of Africa, after a time, the water in
such pits will become brackish again. The cause
is, for that after a time, the very sands through
which the salt water passeth, become salt, and so
the strainer itself is tinctured with salt The
remedy therefore is, to dig still new pits, when
the old wax brackish ; as if you would change
your strainer.
Experiment solitary touching attraction by simili-
tude of substance.
883. It hath been observed by the ancients,
that salt water will dissolve salt put into it, in
less time than fresh water will dissolve it. The
cause may be, for that the salt in the precedent
water doth, by similitude of substance, draw the
salt new put in unto it; whereby it diffuseth in
the liquor more speedily. This is a noble expe-
riment, if it be true, for it showeth means of more
quick and easy infusions, and it is likewise a
good instance of attraction by similitude of sub-
stance. Try it with sugar put into water former-
ly sugared, and into other water unsugared.
Experiment solitary touching attraction.
884. Put sugar into wine, part of it above,
L
132
NATURAL HISTORY.
Cut. IX.
part under the wine, and you shall find, that which
may sram strange, (hat the sugar abore the wine
will soften and dissolve sooner than that within
the wine. The cause is, for that the wine enter-
eth that part of the sugar which is tinder the
wine, by simple infusion or spreading; but that
part above the wine is likewise forced by luck-
ing ; for all spongy bodies expel the air and draw
in liquor, if it be contiguous : as we see it also
in sponges put part above the water. It is
worthy the inquiry, to see how you may make
more accurate infusions, by help of attraction.
Experiment lolitary touching heat under earth.
885. Water in wells is warmer in winter than
in summer ; and so air in caves. The cause is,
for that in the higher parts, under the earth, there
is a degree of some heat, as appeareth in sulphu-
reous reins, &c., which shut close in, as in winter,
is the more ; but if it perspire, as it doth in eum-
it wHlary toothing flying in the air.
886. It is reported, that amongst the Leuca-
dians, in ancient time, upon a superstition they
did use to precipitate a man from a high cliff into
the sea, tying about him with strings, at some
distance, many great fowls, and filing unto his
body divers feathers, spread, to break the fall.
Certainly many birds of good wing, as kites, and
the like, would bear up a good weight as they
fly, and spreading of feathers thin and close, and
in great breadth, will, likewise, bear up a great
weight, being even laid, without lilting upon the
sides. The farther extension of this experiment
for (lying may be thought upon.
Experiment solitary touching the due of tear let.
887. There is in some places, namely in Cepha-
lonia, a little shrub which they call holly oak, or
dwarf-oak : upon the leaves whereof there riseth
a tumour like a blister; which they gather, and
rub out of it a certain red dust, that converteth,
after a while, into worms, which they kill with
wine, as is reported, when they begin to quicken :
with this dust they dye scarlet.
Experiment Military touching malefidating.
888. In Zant it is very ordinary to make men
impotent to accompany with their wives. The
like is practised in Gascon j; where it is called
nouer 1'eguillette. It is practised always upon
the wedding-day. And in Zant the mothers
themselves do it, by way of prevention ; because
thereby they hinder other charms, and can undo
their own. It is a thing the civil law taketh
knowledge of; and therefore isof no light regard.
Experiment tolitary touching the rite of water by
means ofjtame.
889. It is a common experiment, but the cause
U mistaken. Take a pot, or better a glass, be-
cause therein you may see the motion, and set a
candle lighted in the bottom of a bason of water,
and turn the mouth of the pot or glass over the
candle, and it will make the water rise. They
ascribe it to the drawing of heat ; which is not
true : for it appeareth plainly to be bnt a motion
of nexe, which they call oe detnr vacuum; and
it proceedeth thus. The flame of the candle, at
soon as it is covered, being suffocated by tbe
close air, lesseneth by little and little; daring
which time there is some little ascent of water,
but not much I for the flame occupying less and
less room, as it lesseneth, the water suceeedeth.
But npoo tbe instant of the candle's going out,
there is a sudden rise of a great deal of water;
for that the body of the flame filleth do mors
place, and so the air and the water succeed. It
worketh the same effect, if instead of water yos
put flour or sand into the bason : which showeth,
that it is not the flame's drawing the liquor as
nourishment, as it is supposed ; for all bodies are
alike unto it, as it is ever in motion of nexe; in-
somuch as I have seen the glasB, being held by
the hand, hath lifted up the bason and all : the
motion of nexe did so clasp the bottom of the
bason. That experiment, when the bason was
lifted up, was made with oil, and not with water :
nevertheless this is true, that at the very first set-
ting of the mouth of the glass upon the bottom of
the bason, it draweth np the water * little, and
then atandeth at a stay, almost till the candle's
going out, as was said. This may show some
attraction at first : but of this we will speak more,
when we handle attractions by heat.
Experiment* in contort touching At influence! if
Ac moon.
Of the power of the celestial bodies, and what
more secret influences they have, besides tbe two
manifest influences of heat and light, we shall
speak when we handle experiments touching the
celestial bodies; mean while we will give some
directions for more certain trials of the virtue and
influences of the moon, which is our nearest
neighbour.
The influences of the moon, moat observed, are
four; the drawing forth of heat: the inducing of
putrefaction; the increase of moisture; the ex-
citing of the motions of spirits.
890. For the drawing forth of heat, we have
formerly prescribed to take water warm, and to
set part of it against the moon-beams, and part of
it with a screen between ; and to see whether
that which standeth exposed to the beams will
not cool sooner. But because this is hut a small
interposition, though in the sun we see a small
shade doth mueh, it were good to try it when the
moon shineth, and when the moon shineth not at
all; and with water warm in a glasa bottle, as
well as in a dish ; and with cinders; and with
iron red-hot, fee.
Cuct. IX.
NATURAL HISTORY.
123
891. For the inducing of putrefaction, it were
good to try it with flesh or fish exposed to the
moonbeams ; and again exposed to the air when
the moon shineth not, for the like time : to see
whether will corrupt sooner : and try it also with
capon, or some other fowl, laid abroad, to see
whether it will mortify and become tender sooner ;
try it also with dead flies, or dead worms, having
a little water cast upon them, to see whether will
putrefy sooner. Try it also with an apple or
orange, having holes made in their tops, to see
whether will rot or mould sooner. Try it also
with Holland cheese, having wine put into it,
whether will breed mites sooner or greater.
892. For the increase of moisture, the opinion
received is ; that seeds will grow soonest ; and
hair, and nails, and hedges and herbs cut, &c.,
will grow soonest, if they be set or cut in the in-
crease of the moon. Also that brains in rabbits,
woodcocks, calves, &c, are fullest in the full of
the moon : and so of marrow in the bones ; and
so of oysters and cockles, which of all the rest
are the easiest tried if you have them in pits.
893. Take some seeds, or roots, as onions, &c.,
and set some of them immediately after the
change ; and others of the same kind immediately
after the full: let them be as like as can be, the
earth also the same as near as may be : and
therefore best in pots. Let the pots also stand
where no rain or sun may come to them, lest the
difference of the weather confound the experi-
ment: and then see in what time the seeds set in
the increase of the moon come to a certain height;
and how they differ from those that are set in the
decrease of the moon.
894. It is like, that the brain of man waxeth
moister and fuller upon the full of the moon ; and
therefore it were good that those that have moist
brains, and are great drinkers, to take fume of
lignum aloes, rosemary, frankincense, &c., about
the full of the moon. It is like also, that the hu-
mours in men's bodies increase and decrease as
the moon doth; and therefore it were good to
purge some day or two after the full ; for that then
the humours will not replenish so soon again.
895. As for the exciting of the motion of the
spirits, you must note that the growth of hedges,
herbs, hair, &c., is caused from the moon, by ex-
citing of the spirits, as well as by increase of the
moisture. But for spirits in particular, the great
instance is in lunacies.
896. There may be other secret effects of the
influence of the moon, which are not yet brought
into observation. It may be, that if it so fall out
that the wind be north, or north-east, in the full
of the moon, it increaseth cold ; and if south,
or south-west, it disposeth the air for a good
while to warmth and rain ; which would be ob-
served.
897. It may be, that children, and young cattle,
that are brought forth in the full of the moon, are
stronger and lajrger than those that are brought
forth in the wane ; and those also which are begot-
ten in the full of the moon : so that it might be
good husbandry to put rams and bulls to their
females, somewhat before the full of the moon.
It may be also, that the eggs laid in the full of
the moon breed the better birds ; and a number
of the like effects which may be brought into
observation. Query also, whether great thun-
ders and earthquakes be not most in the full of
the moon.
Experiment solitary touching vinegar,
898. The turning of wine to vinegar is a kind
of putrefaction : and in making of vinegar, they
use to set vessels of wine over against the noon
sun; which calleth out the more oily spirits, and
leaveth the liquor more sour and hard. We also
see, that burnt wine is more hard and astringent
than wine unburnt. It is said, that cider in na-
vigations under the line ripeneth, when wine or
beer soureth. It were good to set a rundlet of
verjuice over against the sun in summer, as they
do vinegar, to see whether it will ripen and
sweeten.
Experiment solitary touching creatures that sleep
all winter.
899. There be divers creatures that sleep all
winter, as the bear, the hedgehog, the bat, the
bee, &c. These all wax fat when they sleep, and
egest not. The cause of their fattening during
their sleeping time, may be the want of assimilat-
ing; for whatsoever assimilateth not to flesh
turneth either to sweat or fat. These creatures,
for part of their sleeping time, have been observed
not to stir at all ; and for the other part to stir,
but not to remove. And they get warm and close
places to sleep in. When the Flemings wintered
in Nova Zembla, the bears about the middle of
November, went to sleep ; and then the foxes be-
gan to come forth, which durst not before. It is
noted by some of the ancients, that the she-bear
breedeth, and lieth in with her young, during
that time of rest ; and that a bear big with young
hath seldom been seen.
Experiment solitary touching the generating of
creatures by copulation and putrefaction,
900. Some living creatures are procreated by
copulation between male and female : some by
putrefaction : and of those which come by putre-
: faction, many do, nevertheless, afterwards pro-
create by copulation. For the cause of both ge-
nerations: first, it is most certain, that the cause
of all vivification is a gentle and proportionable
heat, working upon a glutinous and yielding
substance : for the heat doth bring forth spirit in
| that substance : and the substance being gluti*
! nous produceth two effects; the one, that the spirit
! is detained, and cannot break forth : the other.
134
NATURAL HISTORY.
Cwrr.X.
that the matter being gentle an/} yielding, is
driven forwards by the motion of the spirits, after
gome swelling, into shape and members. There-
fore all sperm, all menstruous substance, all
matter whereof creatures are produced by putre-
faction, have evermore a closeness, lentor, and
sequacity. It seemeth, therefore, that the gene-
ration by sperm only, and by putrefaction, have
two different causes. The first is, for that crea-
tures which have a definite and exact shape, as
those have whioh are procreated by copulation,
cannot be produced by a weak and casual heat ;
nor out of matter which is not exactly prepared
according to the species. The second is, for that
there is a greater time required for maturation of
perfect creatures ; for if the time required in vivi-
fication be of any length, then the spirit wQl ex-
hale before the creature be mature ; except it be
enclosed in a place where it may have conti-
nuance of the heat, access of some nourishment to
maintain it, and closeness that may keep it from
exhaling: and such places are the wombs and
matrices of the females. And therefore all crea-
tures made of putrefaction are of more uncertain
shape; and are made in shorter time; and need
not so perfect an enclosure, though some closeness
be commonly required. As for the heathen
opinion, which was, that upon great mutations
of the world, perfect creatures were first engen-
dered of concretion ; as well as frogs, and worms,
and flies, and such like, are now ; we know it to
be vain : but if any such thing should be admitted,
discoursing according to sense, it cannot be, except
you admit a chaos first, and commixture of heaven
and earth. For the frame of the world, once in
order, cannot affect it by any excess or casualty.
CENTURY X.
Experiment* in consort touching the transmission
- and influx of immaterial t virtues, and the force of
imagination*
The philosophy of Pythagoras, which was full
of superstition, did first plant a monstrous ima-
gination, which afterwards was, by the school of
Plato and others, watered and nourished. It
was, that the world was one entire perfect living
creature; insomuch as Apollonius of Tyana, a
Pythagorean prophet, affirmed, that the ebbing
and flowing of the sea was the respiration of the
world, drawing in water as breath, and putting it
forth again. They went on, and inferred, that if
the world were a living creature, it had a soul
and spirit; which also they held, calling it
spiritus mundi, the spirit or soul of the world :
by which they did not intend God, for they did
admit of a Deity besides, but only the soul or es-
sential form of the universe. This foundation
being laid, they might build upon it what they
would ; for in a living creature, though never so
great, as for example, in a great whale, the sense
and the effects of any one part of the body in-
stantly make a transcursion throughout the whole
body : so that by this they did insinuate, that no
distance of place, nor want of indisposition of
matter, could hinder magical operations; but that,
for example, we might here in Europe have sense
and feeling of that which was done in China;
and likewise we might work any effect without
and against matter ; and this not holpen by the
co-operation of angels or spirits, but only by the
unity and harmony of nature. There were some
also that stayed not here ; but went farther, and
held, that if the spirit of man, whom they call
the microcosm, do give a fit touch to the spirit of
the world, by strong imaginations and beliefs, it
might command nature; for Paracelsus, and
some darksome authors of magic, do 'ascribe to
imgi nation exalted, the power of miracle-working
faith. With these vast and bottomless follies
men have been in part entertained.
But we, that hold firm to the works of God,
and to the sense, which is God's lamp, lucerna
Dei spiraculum hominis, will inquire with all so-
briety and severity, whether there be to be found
in the footsteps of nature, any such transmis-
sion and influx of immateriate virtues ; and what
the force of imagination is ; either upon the body
imaginant, or upon another body : wherein it will
be like that labour of Hercules, in purging the
stable of Augeas, to separate from superstitious
and magical arts and observations, any thing that is
clean and pure natural ; and not to be either con-
temned or condemned. And although we shall have
occasion to speak of this in more places than one,
yet we will now make some entrance thereinto.
Experiments in consort, monitory, touching trans*
mission of spirits, and the force of imagination,
901. Men are to admonished that they do not
withdraw credit from operations by transmission
of spirits, and force of imaginations, because the
effects fail sometimes. For as in infection, and
contagion from body to body, as the plague, and
the like, it is most certain that the infection is re-
ceived, many times, by the body passive, but yet
is, by the strength and good disposition thereof,
repulsed and wrought out, before it be formed in-
to a disease ; so much more in impressions from
mind to mind, or from spirit to spirit, the impres-
sion taketh, but is encountered and overcome by
Curr. X.
NATURAL HISTORY.
185
the mind and spirit, which is passive, before it
work any manifest effect. And therefore they
work most upon weak minds and spirits ; as those
of women, sick persons, superstitious and fearful
persons, children, and young creatures :
u Nescio quia teseroa oevlua mihi fkatinat »fno« :"
The poet speaketh not of sheep, but of lambs.
As for the weakness of the power of them upon
kings and magistrates, it may be ascribed, besides
the main, which is the protection of God over
those that execute his place, to the weakness of
the imagination of the imaginant: for it is hard
for a witch or a sorcerer to put on a belief that
they can hurt such persons.
909. Men are to be admonished, on the other
side, that they do not easily give place and credit
to these operations, because they succeed many
times ; for the cause of this success is oft to be
truly ascribed unto the force of affection and
imagination upon the body agent: and then by a
secondary means it may work upon a diverse
body : as for example, if a man carry a planet's
seal, or a ring, or some part of a beast, believing
strongly that it will help him to obtain his love;
or to keep him from danger of hurt in fight ; or
to prevail in suit, &c., it may make him more
active and industrious: and again, more con-
fident and persisting, than otherwise he would
be. Now the great effects that may come of in-
dustry and perseverance, especially in civil busi-
ness, who knoweth not! For we see audacity
doth almost bind and mate the weaker sort of
minds ; and the state of human actions is so varia-
ble, that to try things oft, and never to give over,
doth wonders : therefore it were a mere fallacy
and mistaking to ascribe that to the force of ima-
gination upon another body which is but the force
of imagination upon the proper body ; for there is
no doubt but that imagination and vehement
affection work greatly upon the body of the ima-
ginant; as we shall show in due place.
903. Men are to be admonished, that as they
are not to mistake the causes of these operations ;
so much less they are to mistake the fact or effect ;
and rashly to take that for done which is not
done. And therefore, as divers wise judges have
prescribed and cautioned, men may not too rashly
believe the confessions of witches, nor yet the
evidence against them. For the witches them-
selves are imaginative, and believe oft-times they
do that which they do not : and people are credu-
lous in that point, and ready to impute accidents
and natural operations to witchcraft. It is worthy
the observing, that both in ancient and late times,
as in theThessalian witches, and the meetings of
witches that have been recorded by so many late
confessions, the great wonders which they tell, of
carrying in the air, transforming themselves into
other bodies, &c., are still reported to be wrought,
not by incantations or ceremonies, but by oint-
ments, and anointing themselves all over. This
may justly move a man to think that these rabies
are the effects of imagination : for it is certain
that ointments do all, if they be laid on any thing
thick, by stopping of the pores, shut in the va-
pours, and send them to the head extremely.
And for the particular ingredients of those magi-
cal ointments, it is like they are opiate and sopo-
riferous. For anointing of the forehead, neck,
feet, back-bone, we know, is used for procuring
dead sleeps : and if any man say that this effect
would be better done by inward potions ; answer
may be made, that the medicines which go to the
ointments are so strong, that if they were used
inwards, they would kill those that use them : and
therefore they work potently, though outwards.
We will divide the several kinds of the opera-
tions by transmission of spirits and imaginations,
which will give no small light to the experiments
that follow. All operations by transmission of
spirits and imagination, have this; that they
work at distance, and not at touch ; and they are
these being distinguished.
904. The first is the transmission or emission
of the thinner and more airy parts of bodies; as
in odours and infections ; and this is, of all the
rest, the most corporeal. But you must remem-
ber withal, that there be a number of those emis-
sions, both wholesome and unwholesome, that
give no smell at all : for the plague, many times
when it is taken, giveth no scent at all : and there
be many good and healthful airs that do appear
by habitation and other proofs, that differ not in
smell from other aire. And under this head you
may place all imbibitions of air, where the sub-
stance is material, odour-like, whereof some never-
theless are strange, and very suddenly diffused ;
as the alteration which the air receiveth in Egypt,
almost immediately, upon the rising of the river
of Nilus, whereof we have spoken.
905. The second is the transmission or emis-
sion of those things that we call spiritual species ;
as visibles and sounds : the one whereof we have
handled, and the other we shall handle in due
place. These move swiftly and at great dis-
tance, but then they require a medium well dis-
posed, and their transmission is easily stopped.
906. The third is the emissions which cause
attraction of certain bodies at distance, wherein,
though the loadstone be commonly placed in the
first rank, yet we think good to except it and re-
fer it to another head; but the drawing of amber
and jet, and other electric bodies, and the attrac-
tion in gold of the spirit of quicksilver at dis-
tance ; and the attraction of heat at distance ; and
that of fire to naphtha ; and that of some herbs to
water, though at distance; and divers others; we
shall handle, but yet not under the present title,
but under the title of attraction in general.
907. The fourth is the emission of spirits, and
immateriate powers and virtues, in those things
l2
1S6
NATURAL HISTORY.
Cut. X.
which work by the universal configuration and '
sympathy of the world ; not by forms, or celestial
influxes, as is vainly taught and received, but by
the primitive nature of matter, and the seeds of
things. Of this kind is, as we yet suppose, the
working of the loadstone, which is by consent
with the globe of the earth ; of this kind is the
motion of gravity, which is by consent of dense
bodies with the globe of the earth : of this
kind is some disposition of bodies to rotation,
and particularly from east to west: of which
kind we conceive the main float and refloat
of the sea is, which is by consent of the uni-
verse, as part of the diurnal motion. These im-
materiate virtues have this property differing
from others ; that the diversity of the medium
hindereth them not; but they pass through all
mediums, yet at determinate distances. And of
these we shall speak, as they are incident to se-
veral titles.
903. The fifth is, the emission of spirits ; and
this is the principal in our intention to handle
now in this place ; namely, the operation of the
spirits of the mind of man upon other spirits : and
this is of a double nature, the operations of the
affections, if they be vehement, and the operation
of the imagination, if it be strong. But these two
are so coupled, as we shall handle them together;
for when an envious or amorous aspect doth infect
the spirits of another, there is joined both affection
and imagination.
909. The sixth is, the influxes of the heavenly
bodies, besides these two manifest ones, of heat
and light. But these we will handle where we
handle the celestial bodies and motions.
910. The seventh is, the operations of sym-
pathy, which the writers of natural magic have
brought into an art or precept : and it is this ;
that if you desire to superinduce any virtue or
disposition upon a person, you should take the
living creature in which that virtue is most emi-
nent, and in perfection; of that creature you
must take the parts wherein that virtue chiefly is
collocated : again, you must take those parts in the
time and act when that virtue is most in exer-
cise : and then you must apply it to that part of
man wherein that virtue chiefly consisteth. As
if you would superinduce courage and fortitude,
take a lion or a cock ; and take the heart, tooth,
or paw of the lion ; or the heart or spur of the
cock : take those parts immediately after the lion
or the cock have been in fight, and let them be
worn upon a man's heart or wrist. Of these, and
such like sympathies, we shall speak under this
present title.
911. The eighth and last is, an emission of
immateriate virtues, such as we are a little doubt-
ful to propound, it is so prodigious; but that it is
so constantly avouched by many ; and we have
•et it down as a law to ourselves, to examine
things to the bottom; and not to receive upon
credit or reject upon improbabilities, until there
hath passed a due examination. This is the sym-
pathy of individuals ; for as there is a sympathy
of species, so it may be there is a sympathy of
individuals : that is, that in things, or the parts
of things that have been once contiguous or
entire, there should remain a transmission of
virtue from the one to the other : as between the
weapon and the wound. Whereupon is blazed
abroad the operation of unguentem teli : and so
of a piece of lard, or stick of elder, &c., that if
part of it be consumed or putrefied, it will work
upon the other part severed. Now we will pur-
sue the instances themselves.
Experiment* in consort touching emission of spirits
in vapour or exhalation^ odour-like.
912. The plague is many times taken without
manifest sense, as hath been said. And they re-
port, that where it is found, it hath a scent of the
smell of a mellow apple ; and, as some say, of
May-flowers: and it is also received, that smells
of flowers that are mellow and luscious, are ill
for the plague, as white lilies, cowslips, and hy-
acinths.
913. The plague is not easily received by such
as continually are about them that have the
plague ; as keepers of the sick, and physicians ;
nor again by such as take antidotes, either in-
ward, as mithridate, juniper-berries, rue, leaf and
seed,&c., or outward, as angelica, zedoary, and
the like, in the mouth ; tar, galbanum, and the
like, in perfume ; nor again by old people, and
such as are of a dry and cold complexion. On
the other side, the plague taketh soonest hold of
those that come out of a fresh air, and of those that
are fasting, and of children; and it is likewise
noted to go in a blood, more than to a stranger.
914. The most pernicious infection, next the
plague, is the smell of the jail, when prisoners
have been long, and close, and nastily kept;
whereof we have had in our time experience twice
or thrice ; when both the judges that sat upon the
jail, and numbers of those that attended the busi-
ness or were present, sickened upon it, and died.
Therefore it were good wisdom, that in such
cases the jail were aired before they be brought
forth.
915. Out of question, if such foul smells he
made by art, and by the hand, they consist chiefly
of man's flesh or sweat putrefied ; for they are not
those stinks which the nostrils straight abhor and
expel, that are most pernicious ; but such airs a»
have some similitude with man's body : and so
insinuate themselves, and betray the spirits.
There may be great danger in using such compo-
sitions, in great meetings of people within
houses ; as in churches, at arraignments, at plays
and solemnities, and the like : for poisoning of
air is no less dangerous than poisoning of water,
which hath been used by the Turks in the wars,
.*
Cent. X.
NATURAL HISTORY.
127
and was used by Emmanuel Comnenus towards
the Christians, when they passed through his
country to the Holy Land. And these impoison-
ments of air are the more dangerous in meetings
of people, because the much breath of people doth
further the reception of the infection ; and there-
fore, where any such thing is feared, it were good
those public places were perfumed, before the as-
semblies. #
916. The impoisonment of particular persons
by odours, hath been reported to be in perfumed
gloves, or the like : and it is like, they mingle
the poison that is deadly, which some smells that
are sweet, which also maketh it the sooner re-
ceived. Plagues also have been raised by anoint-
ings of the chinks of doors, and the like; not
so much by the touch, as for that it is common
for men, when they find any thing wet upon their
fingers, to put them to their hose; which men
therefore should take heed how they do. The
best is, that these compositions of infectious airs
cannot be made without danger of death to them
that make them. But then again, they may have
some antidotes to save* themselves ; so that men
ought not to be secure of it.
917. There have been in divers countries great
plagues, by the putrefaction of great swarms of
grasshoppers and locusts, when they have been
dead and cast upon heaps.
918. It happeneth often in mines, that there are
damps which kill, either by suffocation, or by the
poisonous nature of the mineral : and those that
deal much in refining, or other works about
metals and minerals, have their brains hurt and
stupefied by the metalline vapours. Amongst
which is noted, that the spirits of quicksilver
either fly to the skull, teeth, or bones : insomuch
as gilders use to have a piece of gold in their
mouth, to draw the spirits of the quicksilver;
which gold afterwards they find to be whitened.
There are also certain lakes and pits, such as that
of Avernus, that poison birds, as it is said, which fly
over them, or men that stay too long about them.
019. The vapour of charcoal or sea-coal, in a
close room, hath killed many ; and it is the more
dangerous, because it cometh without any ill
smell, but stealeth on by little and little, inducing
only a faintness, without any manifest strangling.
When the Dutchmen wintered at Nova Zembla,
and that they could gather no more sticks, they
fell to make fire of some sea-coal they had, where-
with, at first, they were much refreshed ; but a
little after they had sat about the fire, there grew
a general silence and loathness to speak amongst
them : and immediately after, one of the weakest
of the company fell down in a swoon : whereupon
they doubting what it was, opened their door to
let in air, and so saved themselves. The effect,
no doubt, is wrought by the inspissation of the
air; and so of the breath and spirits. The like
ensueth in rooms newly plastered, if a fire be
made in them; whereof no less man than the
emperor Jovinianus died.
920. Vide the experiment 803, touching the in-
fectious nature of the air, upon the first showers,
after a long drought.
921. It hath come to pass, that some apotheca-
ries, upon stamping of colloquintida, have been
put into a great scouring by the vapour only.
922. It hath been a practice to burn a pepper
they call Guiney-pepper, which hath such a
strong spirit, that it provoketh a continual sneez-
ing in those that are in the room.
923. It is an ancient tradition, that blear-
eyes infect sound eyes ; and that a menstruous
woman, looking upon a glass, doth rust it : nay,
they have an opinion which seemeth fabulous ;
that menstruous women going over a field or gar-
den, do corn and herbs good by killing the worms.
924. The tradition is no less ancient, that the
basilisk killethby aspect; and that the wolf, if he
see a man first, by aspect striketh a man hoarse.
925. Perfumes convenient do dry and strength-
en the brain, and stay rheums and defluxions,
as we find in fume of rosemary dried, and lignum
aloes; and calamus taken at the mouth and
nostrils : and no doubt there be other perfumes
that do moisten and refresh, and are fit to be used
in burning agues, consumptions, and too much
wakefulness: such as are rose-water, vinegar,
lemon-peel, violets, the leaves of vines sprin-
kled with a little rose-water, &c.
92G. They do use in sudden faintings and
swoonings to put a handkerchief with rose-water
or a little vinegar to the nose : which gathereth
together again the spirits, which are upon point
to resolve and fall away.
927. Tobacco comforteth the spirits, and dis-
charged weariness, which it worketh partly by
opening, but chiefly by the opiate virtue, which
condenseth the spirits. It were good therefore to
try the taking of fumes by pipes, as they do in
tobacco, of other things ; as well to dry and com-
fort, as for other intentions. I wish trial be made
of the drying fume of rosemary, and lignum
aloes, before mentioned, in pipe ; and so of nut-
meg, and folium indum, &c.
923. The following of the plough hath been
approved for refreshing the spirits and procuring
appetite ; but to do it in the ploughing for wheat
or rye, is not so good, because the earth hath spent
her sweet breath in vegetables put forth in sum-
mer. It is better therefore to do it when you
sow barley. But because ploughing is tied to
seasons, it is best to take the air of the earth new
turned up, by digging with the spade, or stand-
ing by him that diggeth. Gentlewomen may do
themselves much good by kneeling upon a
cushion, and weeding. And these things you
may practise in the best seasons ; which is ever
the early spring, before the earth putteth forth
the vegetables, and in the sweetest earth you can
128
NATURAL HISTORY.
Cmt.X.
choose. It would be done also when the dew is
a little off the ground, lest the vapour be too moist.
I knew a great man that lived long, who had a
clean clod of earth brought to him every morning
as he sat in his bed : and he would hold his head
over it a good pretty while. I commend also,
sometimes, in digging of new earth, to pour in
some Malmsey or Greek wine, that the vapour of
the earth and wine together may comfort the
spirits the more : provided always it be not taken
for a heathen sacrifice, or libation to the earth.
929. They have in physic use of pomanders,
and knots of powders, for drying of rheums, com-
forting of the heart, provoking of sleep, &c. For
though those things be not so strong as perfumes,
yet you may have them continually in your hand ;
whereas perfumes you can take but at times ; and
besides, there be divers things that breathe better
of themselves, than when they come to the fire ;
as nigella romana, the seed of melanthium, amo-
mum, &c.
930. There be two things which, inwardly used,
do cool and condense the spirits ; and I wish the
same to be tried outwardly in vapours. The one
is nitre, which I woftld hate dissolved in Malm-
sey, or Greek wine, and so the smell of the wine
taken ; or if you would have it more forcible, pour
of it upon a firepan, well heated, as they do rose-
water and vinegar. The other is the distilled
water of wild poppy, which I wish to be mingled,
at half, with rose-water, and so taken with some
mixture of a few cloves in a perfuming pan. The
like would be done with the distilled water of
saffron-flowers.
931. Smells of musk, and amber, and civet, are
thought to further venerous appetite ; which they
may do by the refreshing and calling forth of the
spirits.
932. Incense and nidorous smells, such as
were of sacrifices, were thought to intoxicate the
brain, and to dispose men to devotion: which
they may do by a kind of sadness, and contrista-
tion of the spirits ; and partly also by heating and
exalting them. We see that amongst the Jews the
principal perfume of the sanctuary was forbidden
all common uses.
933. There be some perfumes prescribed by the
writers of natural magic, which procure pleasant
dreams : and some others, as they say, that pro-
cure prophetical dreams; as the seeds of flax,
flea wort, &c.
934. It is certain, that odours do, in a small
degree, nourish ; especially the odour of wine ;
and we see men an hungered do love to smell hot
bread. It is related that Democritus, when he
lay a dying, heard a woman in the house com-
plain that she should be kept from being at a feast
and solemnity, which she much desired to see,
because there would be a corpse in the house ;
whereupon he caused loaves of new bread to be
sent for, and opened them, and poured a little
wine into them ; and so kept himself alive with
the odour of them, till the feast was past. I
knew a gentleman that would fast, sometimes
three or four, yea, five days, without meat, bread,
or drink ; but the same man used to have conti-
nually a great wisp of herbs that he smelled on;
and amongst those herbs, some esculent herbs of
strong scent; as onions, garlic, leeks, and the
like.
&5. They do use, for the accident of the mo-
ther, to burn feathers and other things of ill odour;
and by those ill smells the rising of the mother is
put down.
936. There be airs which the physicians ad*
vise their patients to remove unto, in consump-
tions, or upon recovery of long sicknesses;
which, commonly r are plain champaigns, but grat-
ing, and not over-grown with heath or the like;
or else timber-shades, as in forests, and the like.
It is noted also, that groves of bays do forbid pes-
tilent airs : which was accounted a great cause
of the wholesome air of Antiochia. There be also
some soils that put forth odorate herbs of them-
selves ; as wild thyme, wild marjoram, penny-
royal, camomile; and in which the brier roses
smell almost like musk-roses ; which, no doubt,
are signs that do discover an excellent air.
937. It were good for men to think of having
healthful air in their houses ; which will never be
if the rooms be low roofed, or full of windows and
doors ; for the one maketh the air close, and not
fresh, and the other maketh it exceeding unequal;
which is a great enemy to health. The windows
also should not be high up to the roof, which is in
use for beauty and magnificence, but low. Also
stone walls are not wholesome ; but timber is
more wholesome; and especially brick: nay, it
hath been used by some with great success to
make their walls thick ; and to put a lay of chalk
between the bricks, to take away all dampish-
ness.
Experiment Military touching the emtmoroof «pt-
ritual gpecies which affect the
938. These emissions, as we said before, are
handled, and ought to be handled by themselves
under their proper titles : that is, visibles and au-
di bles, each apart: in this place it shall suffice to
give some general observations common to both.
First, they seem to be incorporeal. Secondly,
they work swiftly. Thirdly, they work at large
distances. Fourthly, in curious varieties. Fifth-
ly, they are not effective of any thing; nor leave
no work behind them ; but are energies merely :
for their working upon mirrors and places of echo
doth not alter any thing in those bodies ; but H
is the same action with the original, only reper-
cussed. And as for the shaking of windows, or
rarifying the air by great noises, and the heat
caused by burning-glasses : they are rather con-
comitants of the audible and visible species, than
Cut. X.
NATURAL HISTORY.
129
tin effects of then. 8ixthly, they teem to be of
so tender and weak a nature, as they affect only
such a rare and attenuate substance, as is the spi-
rit of living creatures.
Experiment* in contort touching the emission of im-
n. alert ate virtues from the minds and spirits of
men, either by affections, or by imaginations, or
by other impressions.
939. It is mentioned in some stories, that
where children hare been exposed, or taken away
young from their parents; and that afterwards
they have approached to their parents' presence,
the parents, though they have not known them,
have had a secret joy or other alteration there-
upon.
940. There was an Egyptian soothsayer, that
made Antonius believe, that his genius, which
otherwise, was brave and confident, was, in the
pretence of Octavianus Cesar, poor and coward-
ly ; and therefore, he advised him to absent him-
self as much as he could, and remove far from him.
This soothsayer was thought to be suborned by
Cleopatra, to make him live in Egypt, and other
remote places from Rome. Howsoever, the con-
ceit of a predominant or mastering spirit of one
man over another, is ancient, and received still,
even in vulgar opinion.
941. There are conceits, that some men that
are of an ill and melancholy nature, do incline the
company into which they come to be sad and ill-
disposed ; and contrariwise, that others that are
of a jovial nature, do dispose the company to be
merry and cheerful. And again, that some men
are lucky to be kept company with and employed ;
and others unlucky. Certainly, it is agreeable
to reason, that there are at the least some light
effluxions from spirit to spirit, when men are in
presence one with another, as well as from body
to body.
942. It hath been observed, that old men who
have loved young company, and been conversant
continually with them, have been of long life ;
their spirits, as it seemeth, being recreated by
such company. Such were the ancient sophists
and rhetoricians ; which ever had young auditors
and disciples; as Georgias, Protagoras, Isocrates,
&£., who lived till they were a hundred years
old. And so likewise did many of the grammarians
and school-masters ; such as was Orbilius, Ace.
943. Audacity and confidence doth, in civil bu-
siness, so great effects, as a man may reasonably
doubt, that besides the very daring, and earnest-
ness, and persisting, and importunity, there should
be some secret binding, and stooping of other
men's spirits to such persons.
94-1. The affections, no doubt, do make the
spirits more powerful and active ; and especially
those affections which draw the spirits into the
eyes: which are two; love, and envy, which is
called occulus malus* As for love, the Platonists,
Voi- 11—17
some of them, go so far as to hold that the spirit
of the lover doth pass into the spirits of the per-
son loved ; which causeth the desire of return into
the body whence it was emitted ; whereupon fol-
loweth that appetite of contact and conjunction
which is in lovers. And this is observed like-
wise, that the aspects which procure love, are not
gazing*, but sudden glances and dartings of the
eye, as for envy, that emitteth some malign and
poisonous spirit, which taketh hold of the spirit
of another : and is likewise of greatest force when
the cast of the eye is oblique. It hath been noted
also, that it is most dangerous when an envious
eye is cast upon persons in glory, and triumph,
and joy. The reason whereof is, for that at such
times the spirits come forth most into the outward
parts, and so meet the percussion of the envious
eye more at hand : and therefore it hath been
noted, that after great triumphs, men have been
ill- disposed for some days following. We see
the opinion of fascination is ancient, for both ef-
fects ; of procuring love ; and sickness caused by
envy : and fascination is ever by the eye. But
yet if there be any such infection from spirit to
spirit, there is no doubt but that it worketh by
presence, and not by the eye alone : yet most for-
cibly by the eye.
945. Fear and shame are likewise infective;
for we see that the starting of one will make an-
other ready to start : and when one man is out of
countenance in a company, others do likewise
blush in his behalf.
Now we will speak of the force of imagination
upon other bodies, and of the means to exalt and
strengthen it. Imagination, in this place, I under-
stand to be, the representation of an individual
thought. Imagination is of three kinds: the first
joined with belief of that which is to come : the
second joined with memory of that which is past:
and the third is of things present, or as if they
were present : for I comprehend in this, imagina-
tions feigned, and at pleasure, as if one should
imagine such a man to be in the vestments of a
pope, or to have wings. I single out, for this
time, that which is with faith or belief of that
which is to come. The inquisition of this subject
in our way, which is by induction, is wonderful
hard : for the things that are reported are full of
fables; and new experiments can hardly be made,
but with extreme caution, for the reason which
we will hereafter declare.
The power of imagination is of three kinds ; the
first upon the body of the imaginant, including
likewise the child in the mother's womb; the
second is, the power of it upon dead bodies, as
plants, wood, stone, metal, Ace. ; the third is, the
power of it upon the spirits of men and living
creatures: and with this last we will only meddle.
The problem therefore is, whether a man con-
stantly and strongly believing that such a thing
180
NATURAL HISTORY.
Ceht. X.
shall be, as that such an one will love him, or
that such an one will grant him his request, or
such an one shall recover a sickness, or the like,
it doth help any thing to the effecting of the thing
itself. And here again we must warily distin-
guish ; for it is not meant, as hath been partly said
before, that it should help by making a man more
stout, or more industrious, in which kind a con-
stant belief doth much, but merely by a secret
operation, or binding, or changing the spirit of
another : and in this it is hard, as we began to
say, to make any new experiment ; for I cannot
command myself to believe what I will, and so no
trial can be made. Nay, it is worse ; for what-
soever a man imagineth doubtingly, or with fear,
must needs do hurt, if imagination have any
power at all ; for a man represented that oftener
that he feareth, than the contrary.
The help therefore is, for a man to work by an-
other, in whom he may create belief, and not by
himself; until himself have found by experience,
that imagination doth prevail; for then experi-
ence worketh in himself belief; if the belief that
such a thing shall be, be joined with a belief
that his imagination may procure it.
946. For example : I related one time to a man
that was curious and vain enough in these things,
that I saw a kind of juggler, that had a pair of
cards, and would tell a man what card he thought.
This pretended learned man told me, it was a mis-
taking in me ; " for," said he, " it was not the
knowledge of the man's thought, for that is pro-
per to God, but it was the enforcing of a thought
upon him, and binding his imagination by a
stronger, that he could think no other card."
And thereupon he asked me a question or two,
which I thought he did but cunningly, knowing
before what used to be the feats of the juggler.
"Sir," said he, "do you remember whether he
told the card the man thought, himself, or bade
another to tell it ?" I answered, as was true, that
he bade another tell it Whereunto he said,
"So 1 thought : for," said he, " himself could not
have put on so strong an imagination ; but by
telling the other the card, who believed that the
juggler was some strange man, and could do
strange things, that other man caught a strong
imagination." I hearkened unto him, thinking
for a vanity he spoke prettily. Then he asked me
another question : saith he, " Do you remember,
whether he bade the man think the card first, and
afterwards told the other man in his ear what
he should think ; or else that he did whisper first
in the man's ear that should tell the card, telling
that such a man should think such a card, and
after bade the man think a card ?" I told him, as
was true; that he did first whisper the man in the
ear, that such a man should think such a card :
vpon this the learned man did much exult and
please himself, saying; " Lo, you may see that
my opinion is right; for if the man had thought
first, his thought had been fixed ; but the other
imagining first, bound his thought." Which,
though it did somewhat sink with me, yet I made
it lighter than I thought, and said, I thought it
was confederacy between the juggler and the two
servants : though, indeed, I had no reason so to
think, for they were both my father's servants, and
he had never played in the house before. The jug-
gler also did cause a garter, to be held up, and took
upon him to know, that such a one should point
in such a place of the garter, as it should be
near so many inches to the longer end, and so
many to the shorter ; and still he did it, by first
telling the imaginer, and after bidding the actor
think.
Having told this relation, not for the weight
thereof, but because it doth handsomely open the
nature of the question, 1 return to that I said, that
experiments of imagination must be practised by
others, and not by a man's self. For there be
three means to fortify belief: the first is experi-
ence ; the second is reason ; and the third is au-
thority : and that of these which is far the most
potent, is authority ; for belief upon reason, or ex-
perience will stagger.
947. For authority, it is of two kinds, belief in
an art, and belief in a man. And for things of
belief in an art, a man may exercise them by him-
self; but for belief in a man, it must be by an-
other. Therefore if a man believe in astrology,
and find a figure prosperous, or believe in natural
magic, and that a ring with such a stone, or such
a piece of a living creature carried, will do good,
it may help his imagination : but the belief in a
man is far the most active. But howsoever, all
authority must be out of a man's self, turned, as
was said, either upon an art, or upon a man : and
where authority is from one man to another, there
the second must be ignorant, and not learned, or
full of thoughts ; and such are, for the most part,
all witches and superstitious persons, whose be-
liefs, tied to their teachers and traditions, are no
whit controlled either by reason or experience ;
and upon the same reason, in magic, they use for
the most part boys and young people, whose spi-
rits easiliest take belief and imagination.
Now to fortify imagination, there be three
ways : the authority whence the belief is de-
rived ; means to quicken and corroborate the ima-
gination : and means to repeat it and refresh it.
948. For the authority, we have already
spoken : as for the second, namely, the means to
quicken and corroborate the imagination ; we see
what hath been used in magic, if there be in those
practices any thing that is purely natural, as vest-
ments, characters, words, seals ; some parts of
plants, or living creatures: stones, choice of the
hour, gestures and motions; also incenses and
odours, clvoice of society, which increaseth ima-
gination ; diets and preparations for some time
before. And for words, there have been ever used*
Cent. X.
NATURAL HISTORY.
181
either barbarous words, of no sense, lest they should
disturb the imagination, or words of similitude, that
may second and feed the imagination ; and this
was ever as well in heathen charms, as in charms
of latter times. There are used also Scripture
words ; for that the belief that religious texts and
words have power, may strengthen the imagina-
tion. And for the same reason, Hebrew words,
which amongst us is counted the holy tongue, and
the words more mystical, are often used.
949. For the refreshing of the imagination,
which was the third means of exalting it, we
see the practices of magic, as in images of wax,
and the like, that should melt by little and little ;
or some other things buried in muck, that should
putrefy by little and little ; or the like ; for so oft
as the imaginant doth think of those things, so oft
doth he represent to his imagination the effect of
that he desireth.
950. If there be any power in imagination, it is
less credible that it should be so incorporeal, and
immateriate a virtue, as to work at great distances,
or through all mediums, or upon all bodies : but
that the distance must be competent, the medium
not adverse, and the body apt and proportionate.
Therefore if there be any operation upon bodies
in absence by nature, it is like to be conveyed
from man to man, as fame is ; as if a witch, by
imagination, should hurt any afar off, it cannot be
naturally; but by working upon the spirit of
some that cometh to the witch; and from that
party upon the imagination of another; and so
upon another ; till it come to one that hath resort
to the party intended ; and so by him to the party
intended himself. And although they speak,
that it sufficeth to take a point, or a piece of the
garment, or the name of the party, or the like ; yet
there is less credit to be given to those things,
except it be by working of evil spirits.
The experiments, which may certainly demon-
strate the power of imagination upon other bodies,
are few or none : for the experiments of witchcraft
are no clear proofs; for that they may be by
a tacit operation of malign spirits: we shall
therefore be forced, in this inquiry, to resort to
new experiments ; wherein we can give only di-
rections of trials, and not any positive experi-
ments. And if any man think that we ought to
have stayed till we had made experiment of some
of them ourselves, as we do commonly in other
titles, the truth is, that these effects of imagina-
tion upon other bodies have so little credit with
us, as we shall try them at leisure : but in the
mean time we will lead others the way.
951. When you work by the imagination of
another, it is necessary that he, by whom you
work, have a precedent opinion of you that you
can do strange things ; or that you are a man of
art, as they call it; for else the simple affirmation
to another, that this or that shall be, can work
but a weak impression in his imagination.
952. It were good, because you cannot discern
fully of the strength of imagination in one man
more than another, that you did use the imagina-
tion of more than one, that so you may light upon
a strong one. As if a physician should tell three
or four of his patient's servants, that their master
shall surely recover.
953. The imagination of one that you shall use,
such is the variety of men's minds, cannot be al-
ways alike constant and strong ; and if the suc-
cess follow not speedily, it will faint and lose
strength. To remedy this, you must pretend to
him, whose imagination you use, several degrees
of means, by which to operate : as to prescribe
him that every three days, if he find not the suc-
cess apparent, he do use another root, or part of a
beast, or ring, &c., as being of more force : and if
that fail, another ; and if that, another, till seven
times. Also you must prescribe a good large
time for the effect you promise; as if you should
tell a servant of a sick man that his master shall
recover, but it will be fourteen days ere he findeth
it apparently, &c. All this to entertain the ima-
gination, that it waver less.
954. It is certain, that potions, or things taken
into the body; incenses and perfumes taken at
the nostrils; and ointments of some parts, do
naturally work upon the imagination of him
that taketh them. And therefore it must needs
greatly co-operate with the imagination of him
whom you use, if you prescribe him, before he
do use the receipt for the work which he desireth,
that he do take such a pill, or a spoonful of liquor ;
or burn such an incense ; or anoint his temples,
or the soles of his feet, with such an ointment or
oil : and you must choose, for the composition of
such pill, perfume, or ointment, such ingredients
as do make the spirits a little more gross or muddy ;
whereby the imagination will fix the better.
955. The body passive, and to be wrought
upon, I mean not of the imaginant, is better
wrought upon, as hath been partly touched, at
some times than at others : as if you should pre-
scribe a servant about a sick person, whom you
have possessed that his master shall recover,
when his master is fast asleep, to use such a root,
or such a root. For imagination is like to work
better upon sleeping men, than men awake ; as
we shall show when we handle dreams.
95G. We find in the art of memory, that images
visible work better than other conceits : as if you
would remember the word philosophy, you shall
more surely do it, by imagining, that such a man,
for men are best places, is reading upon Aristotle's
Physics ; than if you should imagine him to say,
" I'll go study philosophy." And therefore this
observation would be translated to the subject we
now speak of: for the more lustrous the imagina-
tion is, it filleth and fixeth the better. And there-
fore I conceive, that you shall, in that experiment
whereof we spake before, of binding of thoughts,
in
NATURAL HISTORY.
Cnrr. X.
less fail, if you tell one that such an one shall
name one of twenty men, than if it were one of
twenty 'cards. The experiment of binding of
thoughts would be diversified and tried to the
full : and you are to note, whether it hit for the
most part, though not always.
957. It is good to consider, upon what things
imagination hath most force : and the rule, as I
conceive, is, that it hath most force upon things
that have the lightest and easiest motions. And
therefore above all, upon the spirits of men : and
in them, upon such affections as move lightest ;
as upon procuring of love; binding of lust, which
is ever with imagination ; upon men in fear ; or
men in irresolution ; and the like. Whatsoever is
of this kind would be throughly inquired. Trials
likewise would be made upon plants, and that
diligently : as if you should tell a man, that such
a tree would die this year; and will him at these
and these times to go unto it, to see how it
thriveth. As for inanimate things, it is true that
the motions of shuffling of cards, or casting of
dice, are very light motions: and there is a
folly very usual, that gamesters imagine, that!
some that stand by them bring them ill luck. !
There would be trial also made, of holding a ring
by a thread in a glass, and telling him that hold- 1
eth it, before, that it shall strike so many times
against the side of the glass, and no more ; or
of holding a key between two men's fingers,
without a charm ; and to tell those that hold it,
that at such a name it shall go off their fingers ;
for these two are extreme light motions. And
howsoever I have no opinion of these things, yet
so much I conceive to be true ; that strong ima-
gination hath more force upon things living, or ;
that have been living, than things merely inani- ;
mate : and mere force likewise upon light and j
subtile motions, than upon motions vehement or
ponderous.
958. It is an usual observation, that if the
body of one murdered be brought before the mur-
derer, the wounds will bleed afresh. Some do
affirm, that the dead body, upon the presence of
the murderer, hath opened the eyes; and that
there have been such like motions, as well where
the parties murdered have been strangled or
drowned, as where they have been killed by
wounds. It may be, that this participated of a
miracle, by God's just judgment, who usually
bringeth murders to light : but if it be natural, it
must be referred to imagination.
959. The tying of the point upon the day of
marriage, to make men impotent towards their
wives, which, as we have formerly touched, is
so frequent in Zant and Gascony, if it he natural,
must be referred to the imagination of him that
tieth the point. I conceive it to have the less
affinity with witchcraft, because not peculiar per-
sons only, such as witches are, but anybody may
doit
Experiment* in contort touching the secret virtue
cfeympathy and antipathy,
960. There be many things that work upon
the spirits of man by secret sympathy and anti-
pathy : the virtues of precious stones worn, have
been anciently and generally received, and cu-
riously assigned to work several effects. So
much is true: that stones have in them fine
spirits, as appeareth by their splendour; and
therefore they may work by consent upon the
spirits of men, to comfort and exhilarate them.
Those that are the best, for that effect, are the
diamond, the emerald, the jacinth oriental, and
the gold stone, which is the yellow topaz. As
for their particular properties, there is no credit
to be given to them. But it is manifest, that
light, above all things, excelleth in comforting
the spirits of men : and it is very probable, that
light varied doth the same effect, with more
novelty. And this is one of the causes why
precious stones comfort. And therefore it were
good to have tincted lanterns, or tincted screens
of glass coloured into green, blue, carnation,
crimson, purple, &c., and to use them with
candles in the night. So likewise to have round
glasses, not only of glass coloured through, but
with colours laid between crystals, with handles
to hold in one's hand. Prisms are also comfort-
able things. They have of Paris-work, looking-
glasses, bordered with broad borders of small
crystal, and great counterfeit precious stones, of
all colours, that are most glorious and plea-
sant to behold; especially in the night. The
pictures of Indian feathers are likewise comfort-
able and pleasant to behold. So also fair and
clear pools do greatly comfort the eyes and spirits,
especially when the sun is not glaring, but over-
cast; or when the moon shineth.
9G1. There be divers sorts of bracelets fit to
comfort the spirits ; and they be of three inten-
tions; refrigerant, corroborant, and aperient.
For refrigerant, I wish them to be of pearl, or of
coral, as is used ; and it hath been noted that
coral, if the party that weareth it be indisposed,
will wax pale ; which I believe to be true, because
otherwise distemper of heat will make coral lose
colour. I commend also beads, or little plates of
lapis lazuli ; and beads of nitre, either alone, or
with some cordial mixture.
969. For corroboration and confortation, take
such bodies as are of astringent quality, without
manifest cold. I commend bead-amber, which is
full of astriction, but yet is unctuous, and not
cold ; and is conceived to impinguate those that
wear such beads ; I commend also beads of harts-
horn and ivory; which are of the like nature;
also orange beads; also beads of lignum aloes,
macerated first in rose-water, and dried.
963. For opening, I commend beads, or pieces
of the roots of carduus benedictus also; of the
Cert. X.
NATURAL HISTORY.
13d
roots of piony the male; and of orrice; and of is the best help: so to procure easy travails of
calamus aromaticus ; and of rue. J women, the intention is to bring down the child ;
964. The cramp, no doubt, cometh of contrac- but the best help is, to stay the coming down too
tion of sinews; which is manifest, in that it
cometh either by cold or dryness ; as after con-
sumptions, and long agues ; for cold and dryness
do, both of them, contract and corrugate. We see
also, that chafing a little above the place in pain,
easeth the cramp ; which is wrought by the dila-
tation of the contracted sinews by heat. There
are in use, for the prevention of the cramp, two
things ; the one rings of sea-horse teeth worn
upon the fingers ; the other bands of green peri-
winkle, the herb, tied about the calf of the leg,
or the thigh, Ace., where the cramp useth to come.
I do find this the more strange, because neither
of these have any relaxing virtue, but rather the
contrary. 1 judge, therefore, that their working
is rather upon the spirits, within the nerves, to
make them strive less, than upon the bodily sub-
stance of the nerves.
965. 1 would have trial made of two other
kinds of bracelets, for comforting the heart and
spirits : the one of the trochisk of vipers, made
into little pieces of beads; for since they do
great good inwards, especially for pestilent agues,
it is like they will be effectual outwards ; where
they may be applied in greater quantity. There
would be trochisk likewise made of snakes ;
whose flesh dried is thought to have a very
opening and cordial virtue. The other is, of
beads made of the scarlet powder, which they
call kermes; which is the principal ingredient
in their cordial confection alkermea : the beads
would be made up with ambergrease, and some
pomander.
966. It hath been long received, and confirmed
by divers trials, that the root of the male-piony
dried, tied to the neck, doth help the falling sick-
ness : and likewise the incubus, which we call
the mare. The cause of both these diseases, and
especially of the epilepsy from the stomach, is
fast : whereunto, they say, the toad-stone like-
wise helpeth. So in pestilent fevers, the inten-
tion is to expel the infection by sweat and eva-
poration : but the best means to do it is by nitre
diascordium, and other cool things, which do for a
time arrest the expulsion, till nature can do it
more quietly. For as one saith prettily ; " In the
quenching of the flame of a pestilent ague, nature
is like people that come to quench the fire of a
house ; which are so busy, as one of them letteth
another." Surely it is an excellent axiom, and
of manifold use, that whatsoever appeaseth the
contention of the spirits, furthereth their action.
969. The writers of natural magic commend
the wearing of the spoil of a snake, for preserving
of health. I doubt it is but a conceit; for that the
snake is thought to renew her youth, by casting
her spoil. They might as well take the beak of
an eagle, or a piece of a hart's horn, because those
renew.
970. It hath been anciently received, for Peri-
cles the Athenian used it, and it is yet in use, to
wear little bladders of quicksilver, or tablets of
arsenic, as preservatives against the plague : not,
as they conceive, for any comfort they yield to
the spirits, but for that being poisons themselves,
they draw the venom to them from the spirits.
971. Vide the experiments 95, 96, and 97,
touching the several sympathies and antipathies
for medicinal use.
972. It is said, that the guts or skin of a wolf,
being applied to the belly, do cure the colic. It
is true, that the wolf is a beast of great edacity
and digestion ; and so it may be the parts of him
comfort the bowels.
973. We see scarecrows are set up to keep
bird 8 from corn and fruit; it is reported by some,
that the head of a wolf, whole, dried, and hanged
up in a dove-house, will scare away vermin;
the grossness of the vapours which rise and enter i such as are weasels, pole-cats, and the like. It
may be the head of a dog will do as much ; for
those vermin with us, know dogs better than
wolves.
974. The brains of some creatures, when their
heads are roasted, taken in wine, are said to
into the cells of the brain: and therefore the
working is by extreme and subtile attenuation;
which that simple hath. I judge the like to be in
castoreum, musk, rue-seed, agnus castus seed, Ace.
967. There is a stone which they call the
blood-stone, which worn is thought to be good strengthen the memory : as the brains of hares,
for them that bleed at the nose : which, no doubt, : brains of hens, brains of deers, &c. And it seemeth
is by astriction and cooling of the spirits. Query ^io be incident to the brains of those creatures
if the stone taken out of the toad's head be not of that are fearful.
the like virtue; for the toad loveth shade and 975. The ointment that witches use, i9 reported
coolness. to he made of the fat of children digged out of their
968. Light may be taken from the experiment graves; of the juices of smallage, wolf-banc, and
of the horse-tooth ring, and the garland of peri- cinque-foil, mingled with the meal of fine wheat.
winkle, how that those things which assuage the But I suppose, that the soporiferous medicines are
strife of the spirits, do help diseases contrary to likest to doit; which are henbane, hemlock,
the intention desired : for in the curing of the mandrake, moonshade, tobacco, opium, saffron,
cramp, the intention is to relax the sinews ; but poplar leaves, &c.
the contraction of the spirits, that they strive less, | 976. It is reported by some, that the affections
M
1S4
NATURAL HISTORY.
ClJTT. X.
of beasts when they are in strength do add some
virtue unto inanimate things ; as that the skin of
a sheep devoured by a wolf, moveth itching ; that
a stone bitten by a dog in anger, being thrown at
him, drunk in powder, provoketh choler.
977. It hath been observed, that the diet of
women with child doth work much upon the in-
font; as if the mother eat quinces much, and co-
riander-seed, the nature of both which is to repress
and stay vapours that ascend to the brain, it will
make the child ingenious; and on the contrary
tide, if the mother eat much onions or beans, or
such vaporous food; or drink wine or strong
drink immoderately ; or fast much ; or be given to
much musing ; all which send or draw vapours to
the head : it endangereth the child to become luna-
tic, or of imperfect memory : and I make the same
judgment of tobacco often taken by the mother.
978. The writers of natural magic report, that
the heart of an ape, worn near the heart, comfort-
eth the heart, and increaseth audacity. It is true
that the ape is a merry and bold beast. And that
the same heart likewise of an ape, applied to the
neck or head, helpeth the wit; and is good for
the falling sickness : the ape also is a witty beast,
and hath a dry brain : which may be some cause
of attenuation of vapours in the head. Yet it
is said to move dreams also. It may be the
heart of man would do more, but that it is more
against men's minds to use it; except it be in
snch as wear the relics of saints.
979. The flesh of a hedge-hog, dressed and eaten,
is said to be a great drier : it is true that the juice
of a hedge-hog must needs be harsh and dry, be-
cause itputteth forth so many prickles: for plants
also that are full of prickles are generally dry ; as
briers, thorns, berberries : and therefore the ashes
of a hedge-hog are said to be a great desiccative
of fistulas.
960. Mummy hath great force in stanching of
blood ; which, as it may be ascribed to the mix-
ture of balms that are glutinous ; so it may also
partake of a secret propriety, in that the blood
draweth man's flesh. And it is approved that
the moss which groweth upon the skull of a dead
man unburied, will stanch blood potently : and
so do the dregs, or powder of blood, severed from
the water, and dried.
981. It hath been practised, to make white
swallows, by anointing of the eggs with oil.
Which effect may be produced, by the stopping
of the pores of the shell, and making the juice
that putteth forth the feathers afterwards more
penurious. And it may be, the anointing of the
eggs will be as effectual as the anointing of the
body ; of which vide the experiment 93.
98*2. It is reported, that the white of an epg, or
blood, mingled with salt-water, doth gather the
saltness, and maketh the water sweeter. This
may be by adhesion ; as in the sixth experiment
of clarification: it may be also, that blood, and
the white of an egg, which is the matter of a
living creature, have some sympathy with salt:
for all life hath a sympathy with salt. Wc see
that salt laid to a cut ringer healeth it; so as it
seemeth salt draweth blood, as well as blood
draweth salt.
983. It hath been anciently received, that the
sea air hath an antipathy with the lungs, if it
cometh near the body, and erodeth them. 'Whereof
the cause is conceived to be, a quality it hath of
heating the breath and spirits, as cantharides
have upon the watery parts of the body, as urine
and hydropical water. And it is a good rule,
that whatsoever hath an operation upon certain
kinds of matters, that, in man's body, worketh
most upon those parts wherein that kind of matter
aboundeth.
984. Generally, that which is dead, or corrupt-
ed, or excerned, hath antipathy with the same
thing when it is alive, and when it is sound ; and
with those parts which do excern : as a carcase
of man is most infectious and odious to man;
a carrion of a horse to a horse, &c. ; purulent
matter of wounds, and ulcers, carbuncles, pocks,
scabs, leprosy, to sound flesh, and the excrement
of every species to that creature that excemeth
them: but the excrements are less pernicious
than the corruptions.
985. It is a common experience, that dogs
know the dog-killer; when, as in times of infec-
tion, some petty fellow is sent out to kill the
dogs ; and that though they have never seen him
before, yet they will all come forth, and bark, and
fly at him.
986. The relations touching the force of imagi-
nation, and the secret instincts of nature, are so
uncertain, as they require a great deal of exami-
nation ere we conclude upon them. I would have
it first thoroughly inquired, whether there be any
secret passages of sympathy between persons
of near blood, as parents, children, brothers,
sisters, nurse-children, husbands, wives, &c.
There be many reports in history, that upon the
death of persons of such nearness, men have had
an inward feeling of it. I myself remember, that
being in Paris, and my father dying in London,
two or three days before my father's death, I had
a dream, which I told to divers English gentle-
men, that my father's house in the country was
plastered all over with black mortar. There is
an opinion abroad, whether idle or no I cannot
say, that, loving and kind husbands have a sense
of their wives breeding children, by some acci-
dent in their own body.
987. Next to those that are near in blood, there
may be the like passage, and instincts of nature
between great friends and enemies : and some-
times the revealing is unto another person, and
not to the party himself. I remember Philippus
Commineus, a grave writer, reporteth, that the
Archbishop of Vienna, a reverend prelate, said
Ciirr. X.
NATURAL HISTORY.
136
one day after mass to King Lewis the Eleventh of
France : " Sir, your mortal enemy is dead ;" what
time Duke Charles of Burgundy was slain at
the battle of Granson against the Switzers. Some
trial also would be made, whether pact or agree-
ment do any thing; as if two friends should agree,
that such a day in every week, they, being in far
distant places, should pray one for another, or
should put on a ring or tablet one for another's
sake ; whether if one of them should break their
vow and promise, the other should have any feeling
of it in absence.
988. If there be any force in imaginations and
affections of singular persons, it is probable the
force is much more in the joint imaginations and
affections of multitudes : as if a victory should be
won or lost in remote parts, whether is there not
some sense thereof in the people whom it concern-
eth, because of the great joy or grief that many
men are possessed with at once 1 Pius Quintus,
at the very time when that memorable victory
was won by the Christians against the Turks, at
the naval battle of Lepanto, being then hearing
of causes in consistory, brake off suddenly, and
said to those about him, " It is now more time we
should give thanks to God, for the great victory
he hath granted us against the Turks :" it is true,
that victory had a sympathy with his spirit ; for
it was merely his work to conclude that league.
It may be that revelation was divine : but what
shall we say then to a number of examples
amongst the Grecians and Romans? where the
people being in theatres at plays, have had news
of victories and overthrows, some few days before
any messenger could come.
It is true, that that may hold in these things,
which is the general root of superstition : namely,
that men observe when things hit, and not when
they miss ; and commit to memory the one, and
forget and pass over the other. But touching di-
vination, and the misgiving of minds, we shall
speak more when we handle in general the na-
ture of minds, and souls, and spirits.
989. We have given formerly some rules of
imagination; and touching the fortifying of the
same. We have set down also some few in-
stances and directions, of the force of imagination
upon beasts, birds, &c., upon plants, and upon
inanimate bodies : wherein you must still observe,
that your trials be upon subtle and light motions,
and not the contrary ; for you will sooner by ima-
gination bind a bird from singing than from eating
or flying: and I leave it to every man to choose
experiments which himself thinketh most commo-
dious, giving now but a few examples of every i
of the three kinds.
990. Use some imaginant, observing the rules
formerly prescribed, for binding of a bird from
si n^ing. and the like of a dog from barking. Try j
aUo the imagination of some, whom you shall
accommodate with things to fortify it, in cocks
fights, to make one cock more hardy, and the
other more cowardly. It would be tried also in
flying of hawks, or in coursing of a deer, or hare,
with greyhounds : or in horse-races, and the like
comparative motions ; for you may sooner by ima-
gination quicken or slack a motion, than raise or
cease it; as it is easier to make a dog go slower,
than to make him stand still, that he may not run.
991. In plants also you may try the force of
imagination upon the lighter sort of motions : as
upon the sudden fading, or lively coming up of
herbs, or upon their bending one way or other; or
upon their closing and opening, &c.
992. For inanimate things, you may try the
force of imagination, upon staying the working of
beer when the barm is put in, or upon the coming
of butter or cheese, after the churning, or the ren-
net be put in.
993. It is an ancient tradition everywhere al-
leged, for example of secret proprieties and in-
fluxes, that the torpedo marina, if it be touched
with a long stick, doth, stupefy the hand of him
that toucheth it. It is one degree of working at
distance, to work by the continuance of a fit me-
dium, as sound will be conveyed to the ear by
striking upon a bow-string, if the horn of the bow
be held to the ear.
994. The writers of natural magic do attribute
much to the virtues that come from the parts of
living creatures, so as they be taken from them,
the creatures remaining still alive : as if the crea-
tures still living did infuse some immateriate
virtue and vigour into the part severed. So
much may be true ; that any part taken from a
living creature newly slain, may be of greater
force than if it were taken from the like creature
dying of itself, because it is fuller of spirit.
995. Trial would be made of the like parts of
individuals in plants and living creatures ; as to cut
off a stock of a tree, and to lay that which you cut
off to putrefy, to see whether it will decay the rest
of the stock : or if you should cut off part of the
tail or leg of a dog or a cat, and lay it to putrefy,
and so see whether it will fester, or keep from
healing, the part which remaineth.
99G. It is received, that it helpeth to continue
love, if one wear a ring, or a bracelet, of the hair
of the party beloved. But that may be by the ex-
citing of the imagination : and perhaps a glove,
or other like favour, may as well do it.
997. The sympathy of individuals, that have
been entire, or have touched, is of all others the
most incredible ; yet according unto our faithful
manner of examination of nature, we will make
some little mention of it. The taking away of
warts, by rubbing them with somewhat that after-
wards is put to waste and consume, is a common
experiment ; and I do apprehend it the rather be-
cause of my own experience. I had from my
childhood a wart upon one of my Angers : after-
wards, when I was about sixteen years old, being
186 NATURAL HISTORY. Ciirr. X.
then at Paris, there grew upon both my hands a ' fit figure of heaven. Fourthly, it may be applied
number of warts, at the least an hundred, in a to the weapon, though the party hurt be at great
month's space. The English ambassador's lady, distance. Fifthly, it seemeth the imagination of
who was a woman far from superstition, told me . the party to be cured is not needful to concur;
one day, she would help me away with my : for it may be done without the knowledge of the
warts: whereupon she got a piece of lard with the party wounded : and thus much has been tried,
skin on, and rubbed the warts all over with the fat that the ointment, for experiment's sake, hath
side ; and amongst the rest, that wart which I been wiped off the weapon, without the know-
had had from my childhood : then sho nailed the ledge of the party hurt, and presently the party
piece of lard, with the fat towards the sun, upon ' hurt hath been in great rage of pain, till the
a post of her chamber window, which was to the ' weapon was re-anointed. Sixthly, it is affirmed,
south. The success was, that within five weeks'
space all the warts went quite away : and that wart
which I had so long endured, for company. But
at the rest I did little marvel, because they came
that if you cannot get the weapon, yet if you
put an instrument of iron or wood, resembling
the weapon, into the wound, whereby it bleed-
etli, the anointing of that instrument will serve
in a short time, and might go away in a short and work the effect. This I doubt should be a
time again; but the going away of that which device to keep this strange form of cure in request
had stayed so long doth yet stick with me. j and use ; because many times you cannot come
They say the like is done by the rubbing of warts by the weapon itself. Seventhly, the wound
with a green elder stick, and then burying the ■ must be at first washed clean with white wine,
stick to rot in muck. It would be tried with ' or the party's own water; and then bound op
corns and wens, and such other excrescences. I ' close in fine linen, and no more dressing renewed
would have it also tried with some parts of living till it be whole. Eighthly, the sword itself must
creatures that are nearest the nature of excres-
cences ; as the combs of cocks, the spurs of cocks,
the horns of beasts, &c. And I would have it
tried both ways; both by rubbing those parts
with lard, or elder, as before, and by cutting off
some piece of those parts, and laying it to con-
be wrapped up close, as far as the ointment
goeth, that it taketh no wind. Ninthly, the
ointment, if you wipe it off from the sword and
keep it, will serve again ; and rather increase in
virtue than diminish. Tenthly, it will cure in far
shorter time than ointments of wounds commonly
surae: to see whether it will work any effect to- do. Lastly, it will cure a beast, as well as a man,
wards the consumption of that part which was j which I like best of all the rest, because it sub-
once joined with it.
993. It is constantly received and avouched,
that the anointing of the weapon that maketh
the wound, will heal the wound itself. In this
experiment, upon the relation of men of credit,
though myself, as yet, am not fully inclined to
believe it, you shall note the points following :
first, the ointment wherewith this is done is
made of divers ingredients ; whereof the strangest
and hardest to come by, are the moss upon the
skull of a dead man unburied, and the fats of a
jecteth the matter to an easy trial.
Experiment solitary touching secret properties.
999. I would have men know, that though 1
reprehend the easy passing over the causes of
things, by ascribing them to secret and hidden
virtues, and proprieties, for this hath arrested and
laid asleep all true inquiry and indications, yet I
do not understand, but that in the practical part
of knowledge, much will be left to experience and
boar and a bear killed in the act of generation. ! probation, w hereunto indication cannot so fully
These two last I could easily suspect to be pre- ' reach : and this not only in specie, but in indivi-
scribed as a starting-hole: that if the experiment ' duo. So in physic; if you will cure the jaun-
proved not, it might be pretended that the beasts dice, it is not enough to say, that the medicine
were not killed in the due time; for as for the moss, ! must not be cooling; for that will hinder the open-
it is certain there is greatquantity of it in Ireland, ' ing which the disease requireth : that it must not be
upon slain bodies, laid on heaps unburied. The hot; for that will exasperate choler : that it must
other ingredients are, the blood-stone in powder, ' go to the gall ; for there is the obstruction which
and some other things, which seem to have a causeth the disease, &c. But you must receive from
virtue to stanch blood ; as also the moss hath, experience that powder of Chamaepytis, or the
And the description of the whole ointment is to be like, drunk in beer, is good for the jaundice. So
found in the chymical dispensatory of Crollius. again a wise physician doth not continue still the
Secondly, the same kind of ointment applied to same medicine to a patient; but he will vary, if
the hurt itself worketh not the effect; but only the first medicine doth not apparently succeed:
applied to the weapon. Thirdly, which I like for of those remedies that are good for the jaundice,
well, they do not observe the confecting of the stone, agues, &c., that will do good in one body
ointment under any certain constellation; which which will not do good in another; according to
commonly is the excuse of magical medicines the correspondence the medicine hath to Che indi-
when they fuil, that they were not made under a vidual body.
.X.
NATURAL HISTORY.
137
Experiment soUiary touching the general sympathy
of men's spirits.
1000. The delight which men have in popular-
ity, fame, honour, submission, and subjection of
other men's minds, wills, or affections, although
these things may be desired for other ends, seem-
eth to be a thing in itself without contemplation
of consequence, grateful and agreeable to the na-
ture of man. This thing, surely, is not without
some signification, as if all spirits and souls of
men came forth out of one divine limbus ; else
why should men be so much affected with that
which others think or say 1 The best temper of
minds desireth good name and true honour : the
lighter, popularity and applause: the more de-
praved, subjection and tyranny; as is seen in
great conquerors and troublers of the world : and
yet more in arch-heretics ; for the introduction of
new doctrines is likewise an affectation of tyranny
over the understandings and beliefs of men.
Vol. II— -18
m 2
TRACTS RELATING TO SCOTLAND.
A BRIEF DISCOURSE
or THE
HAPPY UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND
DEDICATED IN PRIVATE TO HIS MAJESTY.*
I do not find it strange, excellent king, that
when Heraclitu8, he that was surnamed the ob-
scure, had set forth a certain book, which is not
now extant, many men took it for a discourse of
nature, and many others took it for a treatise of
policy. For there is a great affinity and consent
between the rules of nature, and the true rules of
policy : the one being nothing else but an order
in the government of the world : and the other an
order in the government of an estate. And there-
fore the education and erudition of the kings of
Persia was in a science which was termed by
a name then of great reverence, but now degene-
rate 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
branches and passages of them, as an original or
first model, whence to take 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
intermission : being in a perpetual office of mo-
tion, 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 re-
spect of despatch and occasions, yet are they to be
constant and regular, without wavering or confu-
sion.
So did they represent unto them how the hea-
vens do not enrich themselves by the earth and
the seas, nor keep no dead stock, nor untouched
treasures of that they draw to them from below ;
but whatsoever moisture they do levy and take
from both elements in vapours, they do spend and
♦ Printed in 1003 in lSmo.
138
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 mo-
ments, and when it is free and delivered from
more general and common respects ; yet, never-
theless, when there is question or case for sus-
taining of the more general, they forsake their
own particularities, and attend and conspire to
uphold the public.
So we see the iron in small quantity will as-
cend and approach to the loadstone upon a parti-
cular sympathy : but if it be any quantity of mo-
ment, it leaveth its appetite of amity to the load-
stone, 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 sea
nothing more usual in all water-works and en-
gines, 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 your-
self did fall upon a passage of this nature in your
gracious speech of thanks unto your council,
when, acknowledging 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 : foras-
much as sudden mutations, as well in state as in
nature, are rarely without violence and perturbs-
UNION OF ENGLAND AND SCOTLAND.
130
tion : so as still I conclude there is, as was said,
a congruity between the principles of nature and
policy. And lest that instance may seem to op-
pone to this assertion, I may, even in that particu-
lar, with your majesty's favour, offer unto you a
type or pattern in nature, much resembling this
event in your state ; namely, earthquakes, which
many of them bring ever much terror and wonder,
but no actual hurt; the earth trembling for a
moment, and suddenly stablishing in perfect quiet
as it was before.
This knowledge, then, of making the govern-
ment 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, where-
with now I most humbly present your majesty :
for surely, as hath been said, it is a form of dis-
course 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 1
Your majesty is the first king that had the ho-
nour to be " lapis angularis ;" to unite these two
mighty and warlike nations of England and Scot-
land under one sovereignty and monarchy. It doth7
not appear 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 mountains nor races of hills, there be no seas or
great rivers, there is no diversity of tongue or lan-
guage that hath invited or provoked this ancient se-
paration or divorce. The lot of Spain was to have
the several 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 in-
corporate 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 special 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 nature
touching the union and commixture of bodies,
and the correspondence which they have with the
grounds of policy in the conjunction of states and
kingdoms.
First, therefore, that position, "Vis unita for-
tior," 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 vehement heats than when he is in Cancer,
what time his beams are nevertheless more per-
pendicular. 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, Sinus,
Canicula, Cor Leonis, and Cauda Leonis.
So the moon likewise, by ancient tradition,
while she is in the same sign of Leo, is said to be
at the heart, which is not for any affinity which
that place of heaven can have with that part of
man's body, but only because the moon is then,
by reason of the conjunction and nearness with
the stars aforenamed, in greatest strength of in-
fluence, and so worketh upon that part in inferior
bodies, which is most vital and principal.
So we see waters and liquors, in small quan-
tity, do easily putrefy 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 pertinent 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, extinguishing and expulsing what
part soever of it it cannot overcome. As when
the fire converteth the wood into fire, purg-
ing away the smoke and the ashes as unapt
matter to inflame : or when the body of a living
creature doth convert and assimilate food and
nourishment, purging and expelling whatsoever
it cannot convert. For these representations do
answer in matter of policy to union of countries
by conquest, where the conquering state doth
extinguish, extirpate, and expulse any part of the
state conquered, which it findeth so contrary as
it cannot alter and convert it. And, therefore,
leaving violent unions, we will consider only of
natural unions.
The difference is excellent which the best 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 sedition and alteration, the other of
peace and continuance: the one rather a confusion
than a union, the other properly a union.
Therefore we see those bodies, which they call
"imperfecte mista," last not, but are speedily
14*
UNION OF ENGLAND AND SCOTLAND.
dissolved. For take, for example, snow or froth,
which are compositions of air and water, and in
them you may behold how easily they sever and
dissolve, the water closing together and exclud-
ing the air.
So those three bodies which the alchymists do
so much celebrate as the three principles of
things; that is to say, earth, water, and oil,
which it pleaseth them to term salt, mercury, and
sulphur, we see, if they be united only by com-
position or putting together, how weakly and
rudely they do incorporate : 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 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 mine-
ral, they are so united, as, without great subtlety
of art and force of extraction, they cannot be se-
parated and reduced into the same simple bodies
again. So as the difference between " composi-
tio" 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 go-
vernment these two several kinds of policy in
uniting and conjoining of states and kingdoms;
the one to retain the ancient form still severed,
and only conjoined 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 if a man do attentively re-
volve histories of all nations, and judge truly
thereupon, he will make this conclusion, that
there was never any states that were good com-
mixtures but the Romans ; which, because it was
the best state of the world, and is the best exam-
ple 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 :
8ermonem Autonii patrium moresque tenebunt :
Utque est, nomen erit : commixti corpore tantum
Subsident Teucri ; morem ritusque sacrorum
Adjiclam faciauique omnes uno ore Latinos.
Rinc genus, Ausonio mixtum quod sanguine snrget,
Supra homines, supra ire Deoa pietate videbis.
JEn. xii. 834.
Wherein Jupiter maketh a kind of partition or
distribution : that Italy should give the language
and the laws ; Troy should give a mixture of men,
and some religious rites ; and both people should
meet in one name of Latins.
Soon after the foundation of the city of Rome,
the people of the Romans and the Sabine* 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, de-
rived 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 parti-
cular persons, but to families and lineages ; and
not only so, but to whole cities and countries.
So as in the end it came to that, that Rome was
"communis patria," as some of the civilians
call it.
So we read of 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 1 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 ancestors
were naturalized ; and so it was conveyed to him
and their other descendants.
So we read that it was one of the first despites
that was done to Julius Cesar, that whereas he
obtained naturalization for a city in Gaul, one of
the city was beaten with rods of the consul Mar-
cell us.
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 pri-
moresque Gal Use, quae Comata appellata foedera, et
civitatem Romanam pridem assecuti, jus adipis-
cendorum in urbe honorum expeterent : multus ea
super re variusque rumor, et studiis diversis, apud
principem certabatur." And in the end, after long
debate, it was ruled they should be admitted.
So, likewise, the authority of Nicholas Machia-
vel secmeth not to be contemned ; who, inquiring
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 kingrdoms 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
UNION OF ENGLAND AND SCOTLAND.
141
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 kingdon of Arragon ;
which, though it were united to Castile by mar-
riage, and not by conquest, and so descended in
hereditary union by the space of more than a
hundred years; yet, because it was continued in
a divided government, and not well incorporated
and cemented with the other crowns, entered into
a rebellion upon point of their " fueros," or liber-
ties, now of very late years.
Now, to speak briefly of the several parts of
that form, whereby states and kingdoms are per-
fectly united, they are, besides the sovereignty
itself, four in number ; union in name, union in
language, union in laws, union in employments.
For name, though it seem but a superficial and
outward matter, yet it carrieth much impression
and enchantment : the general and common name
of Grccia made the Greeks always apt to unite,
though otherwise full of divisions amongst them-
selves, against other nations whom they called
barbarous. The Helvetian name is no small band
to knit together their leagues and confederacies
the faster. The common name of Spain, no
doubt, hath been a special means of the better
union and conglutination of the several kingdoms
of Castile, Arragon, Granada, Navarre, Valentia,
Catalonia, and the rest, comprehending also now
lately Portugal.
For language, it is not needful to insist upon it;
because both your majesty's kingdoms are of one
language, though of several dialects ; and the dif-
ference is so small between them, as promiseth
rather an enriching of one language than a conti-
nuance 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 connubii, jus civitatis, jus sufTragii," and
44 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 sufTragii" 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 civitate," and "civitatem, sine
saffragio," and " suffragium, 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 a uniformity in the principal and
fundamental laws, both ecclesiastical and civil :
for in this point the rale holdeth which was pro-
nounced by an ancient father, touching the diversity
of rites in the church; for rinding 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 con-
cluded well, " in veste varietas sit, scissura non
sit."
For manners : a consent in them is to be sought
industriously, but not to be enforced : for nothing
amongst people breedeth so much pertinacy in
holding their customs, as sudden and violent offer
to remove them.
And as for employments, it is no more but an
indifferent hand, and execution of that verse:
Tr<Mv Tyriasque mihi nullo ducrlmine agetur.
There remaineth only to remember out of the
grounds of nature the two conditions of perfect
mixture; whereof the former is time: for the
natural philosophers say well, that " compositio"
is "opus hominis" and "mistio opus naturae."
For it is the duty of man to make a fit application
of bodies together : but the perfect fermentation and
incorporation of them must be left to time and
nature ; and unnatural hasting thereof doth disturb
the work, and not despatch 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 press-
ing or thrusting together that will prevent nature's
season, but rather hinder it. And so in liquors,
those commixtures which are at the first troubled,
grow after clear and settled by the benefit of rest
and time.
The second condition is, that the greater draw
the less. So we see when two lights do meet,
the greater doth darken and dim the less. And
when a smaller river runneth into a greater, it
loseth both its name and stream. And hereof, to
conclude, we see an excellent example in the
kingdoms of Judah and Israel. The kingdom of
Judah contained two tribes ; the kingdom of Israel
contained ten. King David reigned over Judah
for certain years ; and, after the death of Ishbo-
sheth, 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 king-
doms 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
nature of an impossibility, to my apprehension,
that this happy union of your majesty's two king-
doms of England and Scotland, may be in as good
an hour and under the like divine providence,
! that was between the Romans and the Sabines.
CERTAIN ARTICLES OR CONSIDERATIONS
TOUCHING THE
UNION OF THE KINGDOMS OF ENGLAND AND
SCOTLAND.
OOLLBOTOD kWD DIIPIUID FOB HI* majesty'! uttu sbsticb.
Your majesty, being, I doubt not, directed and
conducted by a better oracle than that which was
given for light to Mnens in his peregrination,
44 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
Toice, I must necessarily remember unto your
majesty that warning or caveat, "Ardua que
pulchra :" it is an action that requireth, yea, and
needeth much, not only of your majesty'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 me at
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
admiration, even of those who give it not so full
an approbation, and that myself was by the Com-
mons graced with the first vote of all the Com-
mons selected for that cause ; not in any estima-
tion of my ability, for therein so wise an assembly
could not be so much deceived,' but in an acknow-
ledgment 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 conformity 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 qnam 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 re-
membrance, 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
143
multiplication of another man's knowledge by
your own, as I have often observed, so I did ex-
tremely admire in Goodwin's cause, being a mat-
ter full of secrets and mysteries of our laws,
merely new unto you, and quite out of the path of
your education, reading, and conference : wherein,
nevertheless, upon a spark of light given, your
majesty took in so dexterously and profoundly, as
if you had been indeed 4* anima legis," not only
in execution, but in understanding : the remem-
brance 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 consulta-
tion 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 distraction, must take many things
by way of admittance ; and if questions must be
made of them, rather to suffer them to arise from
others, than to grace them and authorise them as
propounded from themselves. But unto your
majesty's private consideration, to whom it may
be better sort with me rather to speak as a re-
membrancer than as a counsellor, I have thought
good to lay before you all the branches, linea-
ments, and degrees of this union, that upon the
view and consideration of them and their circum-
stances, your majesty may the more clearly dis-
cern, 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
UNION OF ENGLAND AND SCOTLAND.
143
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 Scot-
tish 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 prohibited* all armour or victual
to be carried to Scotland ; and the law of 7 of K.
Henry VII. that enacteth all the Scottish 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 Ed-
ward IV. that endueth Berwick with the liberty
of a staple, where all Scottish merchandises
should resort that should be uttered for England,
and likewise all English merchandises that should
be uttered for Scotland ; this law beholdeth Scot-
land only as a foreign nation ; and not so much
neither; for there have been erected staples in
towns of England for some commodities, 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 concern-
ing England and the English nation.
The second question is, what laws, customs,
commissions, officers, garrisons, and the like, are
to be pot 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 dis-
charged of subsidies and taxes, should not now be
brought to be in one degree with other tenants and
countries ; " nam cessante causa, tollitur effectus V
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 time, considering it is one of the
greatest points and marks of the division of the
kingdoms. And because reason doth dictate, that
where the principal solution of continuity was,
there the healing and consolidating plaster should
be chiefly applied ; there would be some farther
device for the utter and perpetual confounding of
those imaginary bounds, as your majesty termeth
tbssm : 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 Eng-
land or Scotland, but mixedly, according to instruc-
tions 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," it is better
to make alterations in sick bodies than in sound.
The consideration 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 benefit that both na-
tions have felt thereby, hath covered many incon-
veniences : which, nevertheless, be your majesty's
government never so gracious and politic, con-
tinuance of time and the accidents of time may
breed and discover, if the kingdoms stand divided.
The second branch is; allow no manifest or
important peril or inconvenience should ensue of
the continuing 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 1
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 se-
vered and divided, that your majesty may the
better see what is done, and what is to be done ;
and how that which is to be done is to be inferred
upon that which is done.
The points wherein the nations stand already
united are:
In sovereignty.
In the relative thereof, which is subjection.
In religion.
144
UNION OF ENGLAND AND SCOTLAND.
In continent.
In language.
And now lastly, by the peace by your majesty
concluded with Spain, in leagues and confedera-
cies : 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 Scotchmen from the very instant of your
majesty's reign begun are become denizens, and
the " post nati" are naturalized subjects of Eng-
land 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 whether he be one or other, it is
an essential difference unto the definition of an
alien, if he be not of the king's allegiance ; as we
see it evidently in the precedent of Ireland, who,
since they were subjects to the crown of England,
have ever been inheritable and capable as natural
subjects: and yet not by any statute or act of
parliament, but merely by the common law, and
the reason thereof. So as there is no doubt, that
every subject of Scotland was, and is in like
plight and degree, since your majesty's coming
in, as if your majesty had granted particularly
your letters of denization or naturalization to every
of them, and the "post nati" wholly natural.
But then, on the other side, for the time back-
wards, 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
distinction. But for that, "tempori permitten-
dum," it is to be left to time. For considering
that both languages do concur in the principal
office and duty of a language, which is to make a
man's self understood; for the rest, it is rather to
be accounted, as was said, a diversity of dialect
than of language: and, as I said in my first
writing, it is like to bring forth the enriching of
one language, by compounding and taking in the
proper and significant words of either tongue,
rather than a continuance of two languages.
For leagues and confederacies, 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 many contain some diversity
of articles of straitness of amity with one more
than with the other.
But many of these matters may perhaps be of
that kind, as may fall within that rule, " In veste
varietas sit, scissura non sit."
Now to descend to the particular points where-
in 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 re-
maining, I will divide into external and internal.
The external points therefore of the separation
are four.
1 . The several crowns, I mean the ceremonial
and material crowns.
2. The second is the several names, styles, or
appellations.
3. The third is the several prints of the seals.
4. The fourth is the several stamps or marks
of the coins or 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 questions will
be, whether there shall be framed one new im-
perial crown of Britain to be used for the times
to comet Also, admitting that to be thought
convenient, whether in the frame thereof there
shall not be some reference to the crowns of Ire-
land and France 1
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 t
The difficulties will be in the conceit of some
inequality, whereby the realm of Scotland may
be thought to be made an accession unto the
realm of England. Bat that restetb in some ctr-
UNION OF ENGLAND AND SCOTLAND.
145
; for the compounding of the two | The other, doubt, lest the alteration of the name
equal; the calling of the new crown I may induce and involve an alteration of the laws
»f Britain is equal. Only the place of i and policies of the kingdom; both which, if your
if it shall be at Westminster, which
Hit, august, and sacred place for the
ngland, may seem to make an ine-
nd again, if the crown of Scotland be
d, then that ceremony, which I hear
e parliament of Scotland in the absence
majesty shall assume the style of proclamation,
and not by parliament, are in themselves satis-
fied : for then the usual names must needs remain
in writs and records, the forms whereof cannot be
altered but by act of parliament, and so the point
of honour satisfied. And again, your proclama-
i, to have the crowns carried in solem- tion altereth no law, and so the scruple of a tacit
Likewise cease.
tame, the main question is, whether
ted name of Britain shall be by your
d, or the divided names of England and
g there shall be an alteration, then
11 require these inferior questions :
aether the name of Britain shall only
your majesty's style, where the entire
ited ; and in all other forms the divided
-emain both of the realms and of the
r otherwise, that the very divided
realm 8 and people shall likewise be
r turned into special or subdivided
iie general name ; that is to say, for
hether your majesty in your style shall
» yourself king of Britain, France, and
!., and yet, nevertheless, in any com-
rit or otherwise, where your majesty
England or Scotland, you shall retain
t names, as " secundum consuetudi-
nostri Angliae ;" or whether those di-
ss shall be forever lost and taken away,
into the subdivision of South-Britain
Britain, and the people to be South-
d North-Britons 1 And so, in the ex-
esaid, the tenor of the like clause to
ndum consuetudinem Britannite aus-
the former of these shall be thought
, whether it were not better for your
take that alteration of style upon you
ation, as Edward the Third did the style
than to have it enacted by parliament 1
the alteration of the style, whether it
etter to transpose the kingdom of Ire-
tnt it immediately after Britain, and so
•lands together : and the kingdom of
ing upon the continent, last ; in regard
islands of the western ocean seem by
•
providence an entire empire in them-
d also, that there was never king of
9 entirely possessed of Ireland, as your
i: so as your style to run, king of
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 majesty 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
England, should pass under the great seal here,
kept about your person ; it is an alteration inter-
nal, whereof I do 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 mani-
fest 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 V
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 1
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 distance of territory considered, I sup-
pose 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 computa-
tion, 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 selfsame in both
places, without any difference at all ? A matter
also which may be done, as our law is, by your
majesty's prerogative without act of parliament.
These points are points of demonstration, "ad
eland, and the islands adjacent, and faciendum populum," but so much the more they
&c. go to the root of your majesty's intention, which
(Ecu 1 ties in this have been already is to imprint and inculcate into the hearts and
beaten over ; but they gather but to heads of the people, that they are one people and
one nation.
, point of honour and love to the former In this kind also I have heard it pass abroad in
speech of the erection of some new order of knight-
-19 N
146
UNION OF ENGLAND AND SCOTLAND.
hood, with a reference to the union, and an oath
appropriate thereunto, which is a point likewise
deserves a consideration. So much for the exter-
nal points.
The internal points of separation are as fol-
io weth.
1. Several parliaments.
2. Several councils of state.
3. Several officers of the crown.
4. Several nobilities.
5. Several laws.
6. Several courts of justice, trials, and pro-
cesses.
7. Several receipts and finances.
8. Several admiralties and merchandising*.
9. Several freedoms and liberties.
10. Several taxes and imposts.
As touching the several states ecclesiastical,
and the several mints and standards, and the
several articles and treaties of intercourse with
foreign nations, I touched them before.
In these points of the strait and more inward
union, there will 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 equality and inequality. For the
realm of Scotland is now an ancient and noble
realm, substantive of itself.
But when this island shall be made Britain,
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 therefore let us imagine, " Nam
id mente possumus, quod actu non possumus,"
that Britain had never been divided, but had ever
been one kingdom ; then that part of soil or terri-
tory, which is comprehended under the name of
Scotland, is in quantity, as I have heard it es-
teemed, how truly I know not, not past a third
part of Britain ; and that part of soil or territory
which is comprehended under the name of Eng-
land, is two parts of Britain, leaving to speak of
any difference of wealth or population, and speak-
ing only of quantity. So, then, if, for example,
Scotland should bring to parliament as much no-
bility as England, then a third part should coun-
tervail two parts ; " nam si inequalibus aequalia
addas, omnia erunt inequalia." And this, I pro-
test before God and your majesty, I do speak not
as a man born in England, but as a man born in
Britain. And therefore to descend to 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 %
3. The second, touching the manner of propo-
sition, 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 par-
liament, 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 ma-
turity : and therefore the question will be whether
of these shall yield to other, or whether there should
not be a mixture of both, by some commissions
precedent to every parliament in the nature of lords
of the articles, and yet not excluding the liberty
of propounding in full parliament afterwards 1
3. The third, touching the orders of parliament,
how they may be compounded, and the best of
either taken 1
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 accommo-
dated 1
For the councils of estate, while the kingdoms
stand divided, it should seem necessary to continue
several councils ; but if your majesty should pro-
ceed 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, whe-
ther 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 t But this point belong-
eth 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?
The second, admitting the duplicity of officers
should be continued, yet whether there should not
he a difference, that one should be the principal
officer, and the other to be but special and
subaltern ? As, for example, one to he 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 1 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 provisoes that they shall
not intromit themselves but within their several
precincts.
For the nobilities, the consideration thereof will
fall into these questions :
UNION OF ENGLAND AND SCOTLAND.
147
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 prece-
dence of England in your majesty's style, and
according to the nobility of Ireland ; that is, all
English earls first, and then Scottish, will be
thought unequal for Scotland. To marshal them
according to antiquity, will be thought unequal
for England. Because I hear their nobility is
generally more ancient : and therefore the question
will be, whether the indifferentest way were not
to take them interchangeably; as for example,
first, the ancient earl of England, and then
the ancient earl of Scotland, and so "alternis
vicious!"
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 disputation and argu-
ment 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 1 The parts therefore or
subject of laws, are for this purpose fullest distri-
buted according to that ordinary division of crimi-
nal and civil, and those of criminal causes into
capital and penal.
The second question therefore is, allowing the
general union of laws to be too great a work to
embrace ; whether it were not convenient that cases
capital were the same in both nations ; I say the
cases, I do not speak of the proceedings or trials ;
that is to say, whether the same offences were
not fit to be made treason or felony in both
places ?
The third question is, whether cases penal,
though not capital, yet if they concern the public
state, or otherwise the discipline of manners, were
not fit likewise to be brought into one degree, as
the case of misprision of treason, the case of
44 praemunire," the case of fugitives, the case of
incest, the eat* of simony* and the rest ?
But the question that is more urgent than any
of these is, whether these cases at the least, be
they of a higher or inferior degree, wherein the
fact committed, or act done in Scotland, may pre-
judice the state and subjects of England, or "e
converse*," are not to be reduced into one uniform-
ity of law and punishment? As, for example, a
perjury committed in a court of justice in Scotland,
cannot be prejudicial in England, because deposi-
tions 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 trans-
port it into foreign parts, this prejudiceth the state
of England, and may be an evasion to all the laws
of England ordained in that case ; and therefore
had need to be bridled with as severe a law in
Scotland as it is here in England.
Of this kind there are many laws.
The law of the 5th of Richard II. of going over
without license, if there be not the like law in
Scotland, will be frustrated and evaded : for any
subject of England may go first into Scotland, and
thence into foreign parts.
So the laws prohibiting transportation of sun-
dry commodities, as gold, and silver, ordnance,
artillery, corn, &c., if there be not a correspond-
ence 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 our of Scotland into
foreign parts, without any peril of law.
So libels may be devised and written in Scot-
land, 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
ignorant whether there be or no, it will be a gap
or stop even for English subjects to escape and
avoid the laws of England.
But for treasons, the best is that by the statute
of 26 K. Henry VIII. cap. 13, any treason com-
mitted in Scotland may be proceeded with in
England, as well as treasons committed in France,
Rome, or elsewhere.
For courts of justice, trials, processes, and
other administration of laws, 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
148
UNION OF ENGLAND AND SCOTLAND.
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 some-
what 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
judge 8 of both nations ; for so doth the French
king from all the courts of parliament in France ;
many of which are more remote from Paris than
any part of Scotland is from London.
For receipts and finances, I see no question will
arise, in regard it will be matter of necessity to
establish in Scotland a receipt of treasure for pay-
ments and erogations to be made in those parts :
and for the treasure of spare, in either receipts,
the custodies thereof may well be several ; con-
sidering by your majesty's commandment they
may be at all times removed or disposed accord-
ing to your majesty's occasions.
For the patrimonies of both crowns, I see no
questions will arise, except your majesty would
be pleased to make one compound 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 re9t of your children: erecting likewise
such duchies and honours, compounded of the
possession of both nations, 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 jurisdiction of the admiralties, and the
profits and casualties of them, they will be re-
spective 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
adventurers, of the Turkey merchants, and the
Muscovy merchants, if they shall be continued,
should not be compounded of merchants of both
nations, English and Scottish. For to leave trade
free in the one nation, and to have it restrained
in the other, may percase breed some incon-
venience.
For freedoms and liberties, the charters of
both nations may be reviewed ; and of such liber-
ties as are agreeable and convenient for the sub-
jects 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 nation, to stand in state as
they do.
But for imposts and customs, it will be a great
question how to accommodate them and recon-
cile them : for if they be much easier in Scotland
than they be here in England, which is a thing 1
know not, then this inconvenience will follow ;
that the merchants of England may unlade in
the ports of Scotland : and this kingdom to be
served from thence, and your majesty's customs
abated.
And for the question, whether the Scottish mer-
chants should pay strangers9 custom in England 1
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 per-
suade 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, 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 gracious
acceptation.
TBI MOST BUMBLE
CERTIFICATE OR RETURN
OF
THE COMMISSIONERS OP ENGLAND AND SCOTLAND,
AUTHORIZED TO TREAT OF A UNION FOR THE WEAL OF BOTH REALM8 :
8 JAC. I.
[niEPABXD, BDT ALTIIID.]
We the commissioners for England and Scot-
land respectively named and appointed, in all
humbleness do signify to his most excellent ma-
jesty, 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 foras-
much as we do find that hardly within the memory
of ail times, or within the compass of the universal
world, there can he showed 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 leading or mis-
leading of examples, to insist and fix our consi-
derations upon the individual business in hand,
without wandering or discourses.
It seemed therefore unto us a matter demonstra-
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 re-
lapse into discords to come.
Secondly, as matter of nature not unlike the
former, we entered into consideration of such
limitary constitutions as served but for to obtain
a form of justice between subjects under several
monarchs, and did in the very grounds and mo-
tives of them presuppose incursions, and inter-
mixture 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 com-
modities 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 part, as it may endanger
a consumption and withering of the other.
Fourthly, after the communion and participation
by commerce, which can extend but to the trans-
mission 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 per-
fectly 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 con-
ceive 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 male-
factors as a sanctuary or place of refuge to avoid
the condign punishment of their crimes and
offences.
| Ail which several points, as we account them,
n2 149
160
OF GENERAL NATURALIZATION.
summed up and put together, but as a degree or
middle term to the perfection of this blessed work ;
so yet we conceive 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 attesta-
tion 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 consi-
dered, there did not happen or intervene, neither
in our debates or arguments, any manner of alter-
cation or strife of words ; nor in our resolutions
any variety or division of votes, but the whole
passed with a 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 cav illations,
advantages, or overtaking^ : 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 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 expe-
rience of merchants, and men expert in com-
merce. In all which our proceedings, notwith-
standing, 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 capacities ;
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,
protesting 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
VSXD BT
SIR FRANCIS BACON, KNIGHT,
IN THE HONOURABLE HOUSE OF C0MM0N8, QUINTO JACOBL
OOHCEBKIHO
THE ARTICLE OP THE GENERAL NATURALIZATION OF THE SC0TTI8H NATION.
It 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
deservings ; 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 yon, 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 sumnnt
magnanimitatem reipublicae," that when they took
into their hands the balls, whereby to give their
voices, according as the manner of them was,
they would raise their thoughts, and lay aside
those considerations, which their private vocations
and degrees might minister and represent unto
them, and would take upon them cogitations and
minds agreeable to the dignity and honour of the
estate.
For, Mr. Speaker, as it was aptly and sharply
said by Alexander to Parmenio, when, upon their
recital of the great offers which Darius made,
Parmenio said unto him, " I would accept these
offers, were I as Alexander :" he turned it upon
him again, " So would I," saith he, *« were I as
Parmenio." So in this cause, if an honest Eng-
lish 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, u Surely I would
proceed no farther in the anion, were I as the
OF GENERAL NATURALIZATION.
151
king;" it might be reasonably answered, "No
more would the king, were he as an English
merchant.*9 And the like may be said of a gen-
tleman 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,
if a man shall be only or chiefly sensible of those
respects which his particular vocation and degree
shall suggest and infuse into him, and not enter
into true and worthy considerations of estate, he
shall never be able aright to give counsel, or take
counsel in this matter. So that if this request be
granted, I account the cause obtained.
But to proceed to the matter itself: all consul-
tations do rest upon questions comparative; for
when a question is " de vero," it is simple, for
there is but one truth; but when a question is
" de bono," it is for the most part comparative ;
for there bo J i tiering 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 somewhat that cannot
be especially answered may, nevertheless, be
encountered and overweighed by matter of greater
moment, and therefore the matter which I shall
set forth unto you will naturally receive the dis-
tribution 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.
Secondly, an encounter against the remainder
of these inconveniences which cannot properly be
answered, by much greater inconveniences, which
we shall incur if we do not proceed to this natu-
ralization.
Thirdly, an encounter likewise, but of another
nature, that is, by the gain and benefit which we
shall draw and purchase to ourselves by proceed-
ing 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 naturalization, which
certainly can be no better, or none other, than
the ancient distinction of "jus civitatis, jus suf-
fragit vel tribus," and "jus petitionis sive hono-
ram:" 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 al-
leged 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 admis-
sion of the adoptive without a diminution of the
fortunes and conditions of those that are native
subjects of this realm. A grave objection, Mr.
Speaker, and very dutiful; for it proceeds not
of any unkind ness to the Scottish nation, but of
a natural fastness to ourselves : for that answer
of the virgins, " Ne forte non sufficiat 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, that when Abraham and Lot, in regard of
the greatness 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 dexteram,et ego ad sinistram," &c.
But certainly, I should never have brought that
example on that side ; for we see what followed
of it, how that this separation " ad dexteram et
ad sinistram," caused the miserable captivity of
the one brother, and the dangerous, though pros-
perous war of the other, for his rescue and reco-
very.
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
understanding, by itself sufficient.
The first is, that this opinion of the number of
the Scottish 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 re-
moved into the more fruitful soil ; and of sheep or
cattle, that if they find a gap or passage cpen 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 resem-
blance 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 an-
other: for if, Mr. Speaker, they have not stock,
means, acquaintance, and custom, habitation,
trades, countenance, 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 therefore, in this point,
which is conjectural, experience is the beet
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 at the
152
OP GENERAL NATURALIZATION.
greatest spring-tide for the confluence and en-
trance of that nation. Now I would fain under-
stand, in these four years' space, and in the ful-
ness 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 surrey should be made,
would be of a number extremely small : I report
me to all your private knowledges of the places
where you inhabit.
Now, Mr. Speaker, as I said, " Si in ligno viridi
ita At, quid net in arido ?" I am sure there will
be no more such spring-tides. But you will tell
me of a multitude of families of the Scottish nation
in Polonia ; and if they multiply in a country so
far off, how much more here at hand 1 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 privi-
leges, and with this very privilege of naturaliza-
tion, 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 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 expense, and thereby must abate his counte-
nance, 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 conten-
tion had between the nobility and people of Rome
for the admitiing of a plebeian consul; which
whilst it was in passage was very vehement, and
mijrhtly 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 inconve-
nience 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 Ger-
many, do in equal space of ground bear and con-
tain 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 u§
the badges and tokens rather of scarceness, than
of press of people, as drowned grounds, com-
mons, wastes, and the like, which is a plain
demonstration, 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
44 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 rae-
diterrane countries, and not the maritime, which
need to fear surcharge of people ; for all sea pro-
vinces, and especially islands, have another ele-
ment besides the earth and soil, for their susten-
tation. For what an infinite number of people are
and may be sustained by fishing, carriage by sea,
and merchandising? Wherein again I do dis-
cover, that we are not at all pinched by the mul-
titude of people ; for if we were, it were not pos-
sible that we should relinquish and resign such
an infinite benefit of fishing to the Flemings, as
it is well known we do. And therefore I see,
that we have wastes by sea, as well as by land;
which still is an infallible argument that our
industry is not 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 king-
dom 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 answer to this pre-
tended inconvenience, of surcharge of people.
The third answer, Mr. Speaker, which I give,
is this : I demand what is the worst effect that
can follow of surcharge of people? Look into all
stories, and you shall find it none other than some
honourable war for the enlargement of their borders*
which find themselves pent, upon foreign parts;
OP GENERAL NATURALIZATION.
153
irhich inconvenience, in a valorous and warlike
Ration, I know not whether I should term an in-
sonvenience or no ; for the saying is most true,
though in another sense, " Omne solum forti
patria." It was spoken indeed of the patience of
in exiled man, but it is no less true of the valour
of a warlike nation. And certainly, Mr. Speaker,
[ 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 pa-
trimony of our posterity, we would never in this
manner forget considerations of amplitude and
greatness, and fall at variance about profit and
reckonings ; fitter a great deal 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
Scotland are yet diverse and several ; nay, more,
that it is declared by the instrument, that they
shall so continue, and that there is no intent in
his majesty to make innovation in them : and
therefore that it should not be seasonable to pro-
ceed to this naturalization, 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 Scottish nation governed by our laws ; for I
hold our 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, naturaliza-
tion is in order first and precedent to union of
laws ; in degree a less matter than union of laws ;
and in nature separable, not inseparable from
union of laws ; for naturalization doth but take
oat 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 diverse; 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 separa-
tion ! 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 naturalized of
the heavenly Jerusalem ; and yet, nevertheless,
divers and several ecclesiastical laws, policies,
and hierarchies, according to the speech of that
worthy father, " In vests varietas sit, scissors non
Vol. II.— 90
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
reipublicae" 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 kingdom of Ireland, all our statute
laws, since Poyning's laws, are not in force; and
yet we deny them not the benefit of naturaliza-
tion. In Guernsey and Jersey and the Isle of Man,
our common laws are not in force, and yet they
have the benefit of naturalization ; 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 Scot-
land, by the commixture whereof there may ensue
advantage 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 ourselves; for, to do them but right, we
know in their capacities and understandings they
are a people ingenious, in labour industrious, in
courage valiant, in body hard, active, and comely.
More might be said, but in commending them we
do but in effect commend ourselves : for they are
of one piece and continent with us; and 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, with-
out flattering 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 commendations, both of
war and policy, none is mors celebrated than his
154
OP GENERAL NATURALIZATION.
purpose and enterprise for the conquest of Scot-
land, 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 inconve-
niences of the commixture of a more opulent
kingdom 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 com-
mixture that can alter the matter of the commix-
ture : and, therefore, Mr. Speaker, if it were good
for us then, it is good for us now, and not to be
prized 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 p re-occupation of
an objection of the other side; for it may be said,
and very materially. Whereabout do we contend 1
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 contrary to reason of law, contrary to form
of pleading in law, and contrary to authority and
experience of law. For reason of law, when I
meditate of it, me thinks the wisdom of the com-
mon laws of England, well observed, is admirable
in the distribution of the benefit and protection of
the laws, according to the several conditions of
persons, in an excellent proportion. The degrees
are four, but bipartite, two of aliens and two of
subjects.
The first degree is of an alien born under a
king or state, that is an enemy. If such a one
come into this kingdom without safe-conduct, it is
at his peril: the law giveth him no protection,
neither for body, lands, nor goods; so as if he be
slain there is no remedy by any appeal at the
party's suit, although his wife were an English
woman : marry at the king's suit, the case may be
otherwise in regard of the offence to the peace.
The second degree is of an alien that is born
under the faith and allegiance of a king or state
that is a friend. Unto such a person the law doth
impart a greater benefit and protection, that is,
concerning things personal, transitory, and move-
able, as goods and chattels, contracts, and the
like, but not concerning freehold and inheritance.
And the reason is, because he may be an enemy,
though he be not ; for the state under the obeisance
of which he is, may enter into quarrel and hosti-
lity ; and, therefore, as the law hath but a transi-
tory 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 deniza-
tion. To such a one the law doth impart yet a
more ample benefit; for it gives him power to
purchase freehold and inheritance to his own use,
and likewise enables the children born after his
denization to inherit. But yet nevertheless he
cannot make title or convey pedigree from any
ancestor paramount ; for the law thinks not good
to make him in the same degree with a subject
born, because he was once an alien, and so might
once have been an enemy : and " nemo 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 who-
soever 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, contrari-
wise, he is bound "jure nati vitatis" to defend this
kingdom of England against all invaders or rebels;
and, therefore, as he is obliged to the protection
of arms, and that perpetually and universally, so
he is to have the perpetual and universal benefit
and protection of law, which is 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
privately, 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 pro-
clamation. 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 ray part I hold all " post-
nati" naturalized "ipso jure;" but yet I am fer
OF GENERAL NATURALIZATION.
155
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 ac-
tiones pnecipue ad famam sunt componendae."
It will lift up a sign to all the world of our love
towards them, and good agreement with them.
And these are, Mr. Speaker, the material objec-
tions 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
Bust fill the other balance in expressing unto you
the inconveniences which we shall incur, if we
shall not proceed to this naturalization : wherein
that inconvenience, which above all others, and
alone by itself, if there were none other, doth
exceedingly move me, and may move you, is a
position of estate, collected out of the records of
time, which is this: that wheresoever several
kingdoms or estates have been united in sove-
reignty, if that union hath not been fortified and
bound in with a farther union, and, namely, that
which is now in question, of naturalization, this
hath followed, that at one time or other they have
broken again, being upon all occasions apt to
revolt and relapse to the former separation.
Of this assertion the first example which I will
set before you, is of that memorable union which
was between the Romans and the Latins, which
continued from the battle at the lake of Regilla,
for many years, unto the consulships of C. Plau-
tius and L. jEmilius Mamercus.* At what time
there began, about this very point of naturaliza-
tion, 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 infinite 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 naturalized 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 associ-
ates. The state of Sparta was a nice and jealous
state in this point of imparting naturalization to
their confederates. But what was the issue of it?
After they had held them in a kind of society and
amity for divers years, upon the first occasion
given, which was no more than the surprisal of
the castle of Thebes, by certain desperate conspi-
rators in the habit of maskers, there ensued imme-
diately a general revolt and defection of their
• 160 year* after that battle. There are extant at this day
coins or medala, in memory of a battle fought by this C.
PUutius at Prirernum. Another copy hath of T. Manlins
md P. Deenu.
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 ; hut 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 1 Thus much,
that now of fresh memory, not past twelve years
since, only upon the voice of a condemned man
out of the grate of a prison towards the street, that
cried "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. AfttT which
victory nevertheless, to shun farther inconve-
nience, 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
and Pisa, which city of Pisa being united unto
Florence, but not endowed with the benefit of
naturalization, 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 shows it the rather to be an
effect of nature ; for it was thought a fit policy by
the council of Constantinople, to retain the three
provinces of Transylvania, Wallachia, and Molda-
via, which were as the very nurses of Constanti-
nople, in respect of their provisions, to the end
they might be the less wasted, only under way-
woods as vassals and homagers, and not under
bashaws, as provinces of the Turkish empire:
which policy we see by late experience proved
unfortunate, as appeared by the revolt of the same
three provinces, under the arms and conduct of
Sigismond, Prince of Transylvania; a leader very
famous for a time; which revolt is not yet fully
recovered. Whereas we seldom or never hear of
revolts of provinces incorporated to the Turkish
empire.
On the other part, Mr. Speaker, because it is
true what 'he 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
observe them afterwards, upon any occasion of
trouble or otherwise, to break and sever again : as
we see most evidently before our eyes, in divers
provinces of France, that is to say, Guienne, Pro-
vence, Normandy, Britainy, which, notwithstand-
156
OP GENERAL NATURALIZATION.
ing the infinite infesting troubles of that kingdom,
never offered to break again.
We see the like effect in all the kingdoms of
Spain, which are mutually naturalized, as Leon,
Castile, Valentia, Andalusia, Granada, Murcia,
Toledo, Catalonia, and the rest, except Arragon,
which held the contrary course, and therefore had
the contrary 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 ne-
cessity 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 dis-
putation of certain Christian divines with some
learned men of the heathen, did extremely press
to be heard ; and they were loath to suffer him,
because they knew he was unlearned, though other-
wise a 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 as-
surance and constancy, as it did strike the minds
of those that heard him more than any argument
had done. And so, Mr. Speaker, against all
these witty and subtle arguments, I say, that I do
believe, and I would be sorry to be found a
prophet in it, that except we proceed with this
naturalization, though perhaps not in his majesty's
time, who hath such interest in both nations, yet
in the time of his descendants these realms will be
in continual danger to divide and break again.
Now if any man be of that careless mind, " Maneat
nostras 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. Paul's opinion, who
arHrmeth, that whosoever useth not foresight and
provision for his family, is worse than an un-
believer ; much more, if we shall not use foresight
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 expressed
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
consider whether you do not think, in case, by the
denial of this naturalization, any pique, alienation,
or unkind ness, 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, whereso-
ever, which are now covered, against us, either
foreign or at home; and so open the way to
practices and other engines and machinations, to
the disturbance of this state 1 As for that other
inconvenience of his majesty'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, 1 come now
to the third general part of my division, concern-
ing the benefits which we shall purchase 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, where-
by they might have approach and entrance to
annoy us. France had Scotland, and Spam 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 perma-
nent ; that of Ireland is cut off likewise by the
convenient situation of the west of Scotland
towards the north of Ireland, where the sore was:
which we see, being suddenly closed, hath con-
tinued closed by means of this salve ; so that as
now there are no parts of this state exposed to
danger to be a temptation to the ambition of
foreigners, but their approaches and avenues are
taken away : for I do little doubt but those fo-
reigners which had so little success when they
had those advantages, will have much less com-
fort now that they be taken from them : and so
much for surety.
For greatness, Mr. Speaker, I think a man may
speak it soberly and without bravery, that this
kingdom of England, having Scotland united,
Ireland reduced, the sea provinces of the Low
Countries contracted, and shipping maintained,
is one of the greatest monarchies, in forces truly
esteemed, that hath been in the world. For cer-
tainly the kingdoms here on earth have a resem-
blance with the kingdom of heaven, which our
Saviour com pare th, not to any great kernel or
nut, but to a very small grain, yet such a 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
P'wer, and not quench them too much with the
consideration of utility and wealth. For, Mr.
ON GENERAL NATURALIZATION.
167
Speaker, was it not, think you, a true answer that
Solon of Greece made to the rich King Croesus of
Ljdia, when he showed unto him a great quan-
tity of gold that he had gathered together, in os-
tentation of his greatness and might? But Solon
said to him, contrary to his expectation, " Why,
sir, if another come that hath better iron than
you, he will be lord of all your gold." Neither
is the authority of 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
»i
men.
Nay more, Mr. Speaker, whosoever shall look
into the seminaries and beginnings of the monar-
chies 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
Ottoman 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 em-
pire, 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 Lombardy, Catalonia, a
name compounded of Goth and Alan, Andalusia,
a name corrupted from Vandalitia, Hungaria,
Normandy, and others.
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 Bur-
gundy, prized at many thousands, was sold for a
few pence by a common Swiss, that knew no
more what a jewel meant than did iEsop'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 mas-
tery that iron hath over gold. And, therefore, if I
shall speak unto you mine own heart, me thinks
we should a little disdain that the nation of Spain,
which howsoever of late it hath grown to rule,
yet of ancient time served many ages; first under
Carthage, then under Rome, after under Saracens,
Goths, and others, should of late years take unto
themselves that spirit as to dream of a monarchy
in the west, according to that 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 Britain, seated and
manned as it is, and that hath, I make no ques-
tion, 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 " pla-
cebo," 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 pri-
vate fortune to rest a " tacebo," as to sing a " pla-
cebo'1 in this business : but I have spoken out
of the fountain of my heart, " Credidi propter
quod locutus sura :" I believed, therefore I spake.
So as my duty is performed: the judgment is
yours ; God direct it for the best.
O
A SPEECH
OtXD BT
SIR FRANCIS BACON, KNIGHT,
IN THE LOWER HOUSE OF PARLlAMEHT,
BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWS.
And it please you, Mr. Speaker, were it now a
time to wish, as it is to advise, no man should be
more forward or more earnest than myself in this
wish, that his majesty's subjects of England and
Scotland were governed by one law : and that for
many reasons.
First, Because it will be an infallible assurance
that there will never be any relapse in succeeding
ages to a separation.
Secondly, " Dulcis tractus pari jugo." If the
draught lie most upon us, and the yoke 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
promise an excellent temperature in the com-
pounded body : for if the prerogative here be too
indefinite; it may be the liberty there is too
unbounded ; if our laws and proceedings be too
prolix and formal, it may be theirs are too informal
and summary.
Fourthly, I do discern to my understanding,
there will be no great difficulty in this work ; for
their laws, by that I can learn, compared with
ours, are like their language compared with
ours : for as their language hath the same roots
that ours hath, but hath a little more mixture of
Latin and French; so their laws and customs
have the like grounds that ours have, with a
little more mixture of the civil law and French
customs.
Lastly, The mean to this work seemeth to me
no less excellent than the work itself: for if both
laws shall be united, it is of necessity for prepara-
tion and inducement thereunto, that our own laws
be reviewed and recompiled ; 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 tenia, animum ad civilia vertit
Jura iuttm, legeique tulit justisslrous auctor.
For this continual heaping up of laws without
digesting them, maketh but a chaos and confusion,
and turneth the laws many times to become but
snares for the people, as is said in the Scripture,
"Pluet super eos laqueos." Now "Non sunt
pejores laquei, quam laquei legum." And there-
fore this work I esteem to be indeed a work, rightly
to term it, heroical. So that for this good wish
of union of laws I do consent to the full ; and I
think you may perceive by that which I have said,
that I come not in this to the opinion of others,
but that I was long ago settled in it myself:
nevertheless, as this is moved out of zeal, so I take
it to be moved out of time, as commonly zealous
motions are, while men are so fast carried on to
the end, as they give no attention to the mean :
for if it be time to talk of this now, it is either
because the business now in hand cannot proceed
without it, or because in time and order this matter
should be precedent, or because we shall lose some
advantage towards this effect so much desired, if
we should go on in the course we are about. But
none of these three in my judgment are true ; and
therefore the motion, as I said, unreasonable.
For, first, That there may not be a naturalization
without a union in laws, cannot be maintained.
Look into the example of the church and the union
thereof. You shall see several churches, that join
in one faith, one baptism, which are the points of
spiritual naturalization, do many times in policy,
constitutions, 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 garment of the queen is said to
have been of divers colours; and concludeth,
•* In veste varietas sit, scissura non sit." So in
this case, Mr. Speaker, we are now in hand to
make this monarchy of one piece, and not of one
colour. Look again into the examples of foreign
; countries, and take that next us of France, and
there you shall find that they have this distribution,
"pais du droit escrit," and "pais du droit
coustumier." For Gascoigne, Languedoc, Pro-
vence, 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 law but only for grounds, and to
158
OP THE UNION OF LAWS.
159
decide new and rare cases ; and yet nevertheless
naturalization passeth through all.
Secondly, That this union of laws should pre-
cede the naturalization, or that it should go on
"pari passu," hand in hand, I suppose likewise,
can hardly be maintained : but the contrary, that
naturalization ought to precede, and that not in
the precedence 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 pass-
ing 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 impediment than a preparation
to father proceeding : for he was a wise man that
said, "Opportuni magnis conatibus transit ua
rerum," and in these cases, " non progredi, est
regredi." And like as in a pair of tables, you
must put out the former writing before you can
put in new ; and again, that which you write in,
you write letter by letter; but that which you put
out, you put out at once : so we have now to deal
with the tables of men's hearts, wherein it is in
vain to think you can enter the willing acceptance
of our laws and customs, except you first put forth
all notes either of hostility or foreign condition :
and these are to be put out " simul et semel," at
once without gradations; whereas the other points
are to be imprinted and engraven distinctly and
by degrees.
Thirdly, Whereas it is conceived by some, that
the communication of our benefits and privileges
is a good hold that we have over them to draw
them to submit themselves to our laws, it is an
argument of some probability, but yet to be
answered many ways. For, first, the intent is
mistaken, which is not, as I conceive it, to draw
them wholly to a subjection to our laws, but to
draw both nations to one uniformity of law.
Again, to think that there should be a kind of
articulate and indented contract, that they should
receive our laws to obtain our privileges, it is a
matter in reason of estate not to be expected,
being that which scarcely a private man will
acknowledge, if it come to that whereof Seneca
speaketh, "Beneficium accipere est libertatem
vendere." No, but courses of estate do describe
and delineate another way, which is, to win them
either by benefit or 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 king-
doms, 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 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 1 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
adamant 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
question, it is no more but whether there should
be a difference made, in this privilege of naturali-
zation, between 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 Scripture saith, know not the right
hand from the left.
This were good reason, Mr. Speaker, if the
question were of naturalizing some particular per-
sons 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 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 fingitur :" the con-
versions of minds are not so swift as the conver-
sions of times. Nay, in effects of grace, which
exceed far the effects of nature, we see St. Paul
makes a difference between those 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 understanding profession of his faith.
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 bet-
ter 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 per-
sona.
»>
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
expect a prince so like to exceed, if I may so term
it, in this point of beneficence to that nation, in
160
OF THE UNION OF LAWS.
respect of the occasion. For whereas all princes
and all men are won either by merit or conversa-
tion, there is no appearance, that any of his
majesty's descendants can have either of these
causes of bounty towards that nation in so ample
degree as his majesty hath. And these be the
two objections, which seemed to me most mate-
rial, 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 ob-
served; and we see the astrologers pretend to
judge of the fortune of the party by the time of
the nativity. In laws, we may not unfitly apply
the case of legitimation to the case of naturaliza-
tion ; 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 respon-
derunt, Nolumus leges Anglie mutare." And
though it must be confessed that the " ante-nati"
and " post-nati" are in the same degree in digni-
ties ; yet were they never so in abilities : for no
man doubts, but the son of an earl or baron, before
his creation or call, shall inherit the dignity, as
well as the son born after. But the son of an
attainted person, born before the attainder, shall
not inherit, as the after-born shall, notwithstand-
ing charter of pardon. »
The reason of estate is, that any restriction of
the " ante-nati" is temporary, and expireth with
this generation ; but if you make it in the " post-
nati" also, you do but in substance pen a perpe-
tuity of separation.
Mr. Speaker, in this point I have been short,
because I little expected this doubt, as to point of
convenience ; and therefore will not much labour,
where I suppose there is no greater opposition.
A PREPARATION
TOWABD
THE UNION OF THE LAWS
op
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 so 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 reason-
able 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 design-
ment, 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 concemeth private interest of
"meum" and "tuum," in my simple opinion, it
is not at this time to be meddled with ; men love
to hold their own as they have held, and the dif-
ference 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 because 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 Scottish statutes, and some other collection of
OF THE UNION OP LAWS,
161
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 unwill-
ing to put my sickle in another's harvest, but to
leave it to the lawyers of the Scottish nation ; the
rather, because I imagine with myself that if a
Scottish 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 make account, I might incur in
theirs. And, therefore, 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 respectively, 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, concerning criminal causes, which with
us are truly accounted " 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 magistrates, officers, and
courts: wherein falleth the consideration of your
majesty's regal prerogative, whereof 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 com-
prehend not only constant ordinances of law, but
likewise forms of administration of law, such as
are the commissions of the peace, the visitations
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,
because they being matters of that temporary
nature, as they may be altered, as I suppose, in
either kingdom, without parliament, as to your
majesty *s wisdom may seem best ; it may be the \
most profitable and ready part of this labour will
consist in the introducing of some uniformity in
them.
To begin therefore with capital crimes, and,
first, that of treason.
CA8E8 Or 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.
Vol. II.— 81
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 ene-
mies, giving them aid and comfort, it is treason.
Where a man counterfeited the king's great
seal, it is treason.
Where a man counterfeited the king's privy
seal, it is treason.
Where a man counterfeited the king's privy
signet, it is treason.
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
payment therewith, and knowing it to be false, it
is treason.
Where a man counterfeited any foreign coin cur-
rent in payment within this realm, it is treason.
Where a man 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.
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 in-
tent 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 promis-
eth 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 Eliza-
oS
lea
OF THE UNION OF LAWS.
beth, 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 set-
ting forth thereof, such offence, the third time
committed, is treason.
Where a man refuseth to take the oath of su-
premacy, 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 tempo-
ral person ; such offence the second time is treason.
Where a man committed for treason doth vo-
luntarily break prison, it is treason.
Where a jailor doth voluntarily permit a man j
committed for treason to escape, it is treason.
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 eases of
treason.
In treason, the corporal punishment is by
drawing 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
inheritances, as well entailed 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 never-
theless 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.
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 country where the
king will award his commission.
In treason, if the party be " non sans memo-
riae," yet if he had formerly confessed it before
the king's counsel, and that it be certified that
he was of good memory at the time of bis exa-
mination and confession, the court may proceed
to judgment without calling or arraigning the
party.
In treason, the death of the party before convic-
tion dischargeth all proceeding 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
special 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 it
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 :
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, draw-
ing, and quartering; and to make warrant for
their beheading.
The proceeding in ease of treason with a com-
mon subject is in the king's bench, or by com-
mission of Oyer and Terminer.
MISPRISION Or TREASON.
Cases of misprision of treason.
Where a man concealeth high treason only,
without any comforting or abetting, it is mispri-
sion of treason.
Where a man counterfeited any foreign coin of
gold or silver not current in the realm, it is mis-
prision of treason.
The punishment, trial, and proceeding, in •eases of
misprision 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.
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.
OF THE UNION OF LAWS.
16*
Where a spiritual man killeth his prelate, to
whom he is subordinate, and oweth faith and
obedience, it is petit treason.
Where the son killeth the father or mother, it
bath 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 eases 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, ho-
micide of prepensed malice, it is felony.
Where a man committeth manslaughter, that is,
homicide of sudden heat, and not of malice pre-
pensed, it is felony.
Where a man committeth burglary, that is,
breaking of a 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 an-
other'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 conceal it, it is felony.
Where a man embezzleth 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
armour, 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 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 the 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 bond-
woman, 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 proclamation, 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 license, it is
felony.
Where a man receiveth a seminary priest,
knowing 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
persuader 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 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,
knowing thereof, it is felony, as to make him
accessary after the fact.
Where a woman, by the constraint of her hus-
band, in his presence, joineth with him in com-
1*4
OF THE UNION OF LAWS.
mitting of felony, it is not felony, neither as
principal nor as accessary.
The punishment, trial, and proceeding in eaue 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 folio we th corruption of blood,
except it be in cases made felony by special sta-
tutes, with a proviso that there shall be no cor-
ruption of blood.
In felony, lands in fee simple and goods are
forfeited, but not lands entailed, and the profits
of estates for life are likewise forfeited : And by
some customs lands in fee simple are not for-
feited ;
The father to the bough, son to the plough j
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 tenant in tail, go to the king : and the king
hath likewise, in fee simple lands holden of com-
mon 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
principal ; 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 peremp-
torily above the number that the law allows, he
shall have judgment not of hanging, but of pe-
nance 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
statutes 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 juris-
diction of the admiralty.
In felony, if the party be " non same memoriss,"
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 proceeding 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 6e either at the
king's suit by way of indictment, or 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 be-
fore 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
difference of cases of*4 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 lifetime : And
on the other 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 li-
berties.
OFFENCES OF PRAMUN1RE.
Cases of Prsemur.ire.
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
praemunire.
Where a roan will purchase any process to
draw any people of the king's allegiance out of
the realm, in plea, whereof the cognisance per-
tains 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 praemunire.
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 answer his contempt, it is case of prae-
munire.
Where a man doth purchase or pursue in the
court of Rome, or elsewhere, any process, sen-
OF THE UNION OF LAWS,
165
fence of excommunication, bull, instrument, or
other thing which touches the king in his regality,
or his realm in prejudice, it is case of praemunire.
Where a man doth affirm or maintain any
foreign authoiity of jurisdiction spiritual, or doth
put in use or execute any thing for the advance-
ment or setting forth thereof; such offence, the
second time committed, is case of praemunire.
Where a man refuseth to take the oath of
supremacy, 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 tem-
poral person, it is case of praemunire.
Where the dean and chapter of any church,
upon the " Conge 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 praemunire.
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 praemunire.
Where a man is broker of a usurious contract
above ten in the hundred, it is case of praemunire.
The punishment, trial, and proceedings in cases of
praemunire.
The punishment is by imprisonment during
life, forfeiture of goods, forfeiture of lands in fee
simple, and forfeiture of the profits of lands
entailed, or for life.
The trial and proceeding is as in cases of mis-
prision of treason ; and the trial is by peers, where
a peer of the realm is the offender.
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 sanc-
tuary, and taketh sanctuary, and confesseth the
felony before 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
•offer 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 unlawful conventicles, and shall not
after conform himself within a time, and make his
submission, he shall abjure the realm, and forfeit
his goods and lands during life ; and if he depart
not within the time prefixed, 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 murks per
annum, nor goods to the value of 40/., shall not
repair 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.
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
marrieth 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 proceedings
therein.
The declaration of heresy, and likewise the
proceeding and judgment upon heretics, is by the
common laws of this realm referred to the juris-
diction 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 heeretico comburendo."
CA8E8 OF THE KINo'8 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 prescripts," as " senatus
consulta" had, notwithstanding the intercession
of tribunes.
2. The king may summon parliaments, dissolve
them, adjourn and prorogue them at his pleasure.
3. The king may add voices in parliament at
his pleasure, for he may give privileges to bo-
rough 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 exe-
166
CASE OP THE POST-NATI OF SCOTLAND.
cute martial law, and to appoint all officers of
war at his pleasure.
6. 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.
9. The king may alter his stamp in the form
of it.
3. The king may at his pleasure alter the va-
luations, and raise and fall moneys.
4. The king may by proclamation make money
of his own current or not.
5. The king may take or refuse the subjects*
bullion, or coin for more or less money.
6. The king by proclamation may make foreign
money current, or not.
The king's prerogative in matters of trade and
m traffic.
1. 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'* 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 restric-
tions 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 to come, though he cannot restore the blood
for the time past.
4. The king may enable any dead persons is
the law, as men professed in religion, to take and
purchase to the king's benefit.
A twofold power of the law.
1. A direction: in this respect the king if
underneath 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
expressed in the laws what he may do.
THE
ARGUMENT OP SIR FRANCIS BACON, KNIGHT,
BIS MAJISTY'S 80L1CITOR-GENIRAL,
Ut THI CAM or
THE POST-NATI OF SCOTLAND,
IN THE EXCHEQUER CHAMBER,
BBFOmi THI LOftD OHAWOSLLOB, AMD ALL TBS JUDGES OF KVOLAMD.
Mat it please your lordships.
This 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 pre*
sent time, but much more to future generations,
El nati natorum, et qui nascent a r ab fills :
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 re-
solution according to law, and according to truth.
CASE OP THE POST-NATI OF SCOTLAND.
167
For, my lords, though he were thought to have
said well, that said that for his word, " Rex for-
tissimus ;" yet he was thought to have said better,
even in the opinion of the king himself, that
said, " Veritas fortissima, et 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 ap-
probation of the court ; the persons assigned to be
of counsel on that side, inferior to none of their
quality an 1 decree 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 chancel-
lor, 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 assembly ; 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 prevail. And I do
firmly hold, and doubt not but I shall well main-
tain, that this is the truth, that Calvin the plain-
tiff is " ipso jure," by the law of England, a na-
tural born subject, to purchase freehold, and to
bring: real actions within England. In this case
I must so consider the time, as I must much more
consider 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,
First, to explain or induce.
Then, to confute, or answer objections.
And, lastly, to prove, or confirm.
And, first, for explanation. The outward ques-
tion in this case is no more, but. Whether a
child, bom in Scotland since his majesty's happy
coming to the crown of England, be naturalized
in England, or nol 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 a union should be naturalized.
It is confessed, that both realms are united in
the person of our sovereign ; or, because I will
gain nothing by surreption, in the putting of the
question, that one and the same natural person is
king of both realms.
It is confessed, that the laws and parliaments
are several. So, then, Whether this privilege
and benefit of naturalization to be an accessory or
dependency upon that which is one and joint, or
upon that which 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 principals, and
again the nature of the accessory ; then shall you
discern, to whether principal the accessory 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 muni-
cipal 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 incom-
petent to decide their own cases, but rather addeth
a dignity unto them, when their reason appearing
as well as their authority, doth show them to be
as fine moneys, which are current 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 in-
quiring and searching out the reasons of the law ;
and the other, the observing of the forms of plead-
ings. And never was there any case that came
in judgment that required more, that Littleton's
advice should be followed in those two points,
than doth the present case in question. And, first,
of the king.
It is evident that all other commonwealths,
monarchies only excepted, do subsist by a law
precedent. For where authority is divided
amongst many officers, and they not perpetual,
but annual or temporary, 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 ne-
cessity do presuppose a law precedent, written or
unwritten, to guide and direct them : but in mo-
narchies, especially hereditary, that is, when
several families or lineages of people do submit
themselves to one line, imperial or royal, the sub-
mission is more natural and simple, which after-
wards 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
188
CASE OF THE POST-NATI OF SCOTLAND.
are found in nature of monarchies ; the original
submissions, 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 servants 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 re gnu m est, cum penes unum est
rerum summa potestas : quod regnum procura-
tionem familite imitatur."
And therefore Lycurgus, when one counselled
him to dissolve the kingdom, and to establish an-
other 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 the people.
"The nations," as the Scripture 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 sustulit
eum, — pascere Jacob servum suum, et Israel
haereditatem suam." This is the second plat-
form ; a work likewise of nature.
The third platform is the government of God
himself over the world, whereof lawful monar-
chies are a shadow. And, therefore, both amongst
the heathen, and amongst the Christians, the
word, sacred, hath been attributed unto kings,
because 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 chal-
lenge. 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 a 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
paternity or patriarchy, which was when a family
growing so great as it could not contain itself
within one habitation, some branches of the de-
scendants were forced to plant themselves into new
families, which second families could not by a
natural instinct and inclination but bear a reve-
rence, and yield an obeisance to the eldest line of
the ancient family from which they were derived.
The second is, the admiration of virtue, or gra-
titude towards merit, which is likewise naturally
infused 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 scattered, into one place, where they
might cohabit with more comfort, or to guide
them from a more barren land to a more fruitful,
or the like : upon these deserts, and the admira-
tion 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 Madian." 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 ene-
mies," he said straightways : " Quid ei superest
nisi ipsum regnum ?" For whosoever hath the
military dependence, wants little of being king.
The fourth in an enforced submission, which is
conquest, whereof it seemed Nimrod was the first
precedent, of whom it is said ; " Ipse coe pit potens
esse in terra, eterat 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 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 corrobo-
CASE OF THE POST-NATI OF SCOTLAND.
169
rated, will never move constantly, but be full of
•daggering and trepidation. But towards the
king himself the law doth a double office or ope-
ration : the first is to entitle 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
tit 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 com-
mon inheritance. The second is, that whereof
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 teropestatis." 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.
But I demand, Do these offices or operations of
law evacuate or frustrate the original submission,
which was natural 1 Or shall it be said that all
allegiance is by law 1 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 diversely define of that also; the law of some
nations 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
monarch s, which is corroborated 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
Eury lion and Sous long before Lycurgus in Sparta :
so was Romulus long before the Decemviri.
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 Wil-
liam 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, enact-
ing some laws, and collecting others, brought the
law to some perfection. And therefore I will con-
clude this point with the style 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 remem-
ber it for the efficacy of the phrase) should be a
Vol. IT.— 88
statute queen, but a common-law queen : so surely
1 shall hardly consent that the king shall be es-
teemed or called only our rightful sovereign, or
our lawful sovereign, but our natural liege sove-
reign ; as acts of parliament speak : for as the com-
mon 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 8eemeth admirable unto me, to consider
with what a measured hand and with how true
proportions 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 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 admitteth 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 movable goods and personal
actions. But for freehold, or lease, or actions
real or mixed, 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. This is one that is but " sub-
ditus insitivus," or "adoptivus," and is never by
birth, but only by the king's charter, and by no
170
CASE OF THE POST-NATI OF SCOTLAND.
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 deni-
zation, he may take it ; but if he have purchased
any before, he shall not hold it: so if he have child-
ren after, they shall inherit; 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 distinguished so far,
and because it doth not distinguish farther. For I j
know that other laws do admit more curious dis- |
tinction of this privilege ; for the Romans had,
besides "jus civitatis," which answereth to natu-
ralization, "jus suffragii." For although a man
were naturalized to take lands and inheritance,
yet he was not enabled to have a voice at passing
of laws, or at election of officers. And yet farther
they have "jus petitionis," or "jus honorum."
For though a man had voice, yet he was not ca-
pable of honour and office. But these be the de-
vises 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 J
England, the subject of that is natural born hath
a capacity or ability to all benefits whatsoever; I
say capacity or ability : but to reduce " potcntiam
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 quad-
ripartite 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
reason 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 thode worthy gentlemen of Scotland 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
which drew their first breath under the obeisance
of the King of England.
The second point is, that by the former distri-
bution it appeareth that there be but two condi-
tions 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 distribu-
tions of persons, and the degrees of abilities or
capacities, the king's act is all in all, without any
manner of respect to law or parliament. For it is
the king that makes an alien enemy, by proclaim-
ing a war, wherewith the law or parliament inter-
meddles not. So the king only grants safe con-
ducts, wherewith law and parliament intermed-
dle not. It is the king likewise 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, abso-
lutely of his prerogative and power, wherewith
law and parliament intermeddle not. And there-
fore 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
operation of law, yet that the law, in that opera
tion, respecteth only the king's person, without
respect of subjection to law or parliament. And
thus much by way of explanation and induce-
ment : which being all matter in effect confessed,
is the strongest groundwork to that which is
contradicted or controverted.
There followeth the confutation of the argu-
ments 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 concurrent in una persona
sequam est ac si essent in duobus :" a rule, 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 thai
CASE OP THE POST-NATI OP SCOTLAND*, 171
those who maintain this new opinion, whereof
there is " alturn silentium" in our books of law,
are not well agreed in what form to utter and ex-
press that: for some said that allegiance hath
respect to the law, some to the crown, some to the
kingdom, some to 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 subtlety 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.
into the law in this point, he shall find a conse-
quence 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 them-
selves atMiddleborough, or at Roan, or at Lisbon,
and have issue, and their descendants do inter-
marry amongst themselves, without any intermix-
ture of foreign blood; such descendants are
naturalized to all generations : for every genera-
tion is still of liege parents, and therefore natu-
ralized ; 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
The reason they bring is this ; that naturaliza- statutes ; the first is out of this statute which 1
tion is an operation of the law of England; and j last recited; in which statute it is said, that in
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
four several places there are these words, "born
within the allegiance of England ;" or again, " born
without the allegiance of England," which, say
dominions of England, and cannot operate but | they, applies the allegiance to the kingdom, and
where it is in force. But the law is not in force , not to the person of the king. To this the answer
in Scotland, therefore that cannot endure this bene- : is easy ; for there is no trope of speech more familiar
ft of naturalization by a birth in Scotland. j than to use the place of addition for the person.
This reason is plausible and sensible, but ex- | So we say commonly, the line of York, or the line
tremely erroneous. For the law of England, of Lancaster, for the lines of the Duke of York, or
for matters of benefit or forfeitures in England, the Duke of Lancaster.
operateth over the world. And because it is truly ' So we say the possessions of Somerset, or War-
said that " respublicacontineturpena etprcemio," wiek, intending the possessions of the Dukes of
I will put a case or two of either. \ Somerset or Earls of Warwick. So we see earls
It is plain that if a subject of England had con- sign, Salisbury, Northampton, for the Earls of
spired the death of the king in foreign parts, it • Salisbury or Northampton. And in the very same
was by the common law of England treason, manner the statute speaks, allegiance of England,
How prove 1 that! By the statutes of 35 H. for allegiance of the King of England. Nay, more,
Y1I1. cap. 2, wherein you shall find no words at if there had been no variety in the penning of that
all of making any new case of treason which was ! statute, this collection had had a little more force ;
not treason before, but only of ordaining a form j for those words might have been thought to have
of trial ; "ergo," it was treason before: and if been used of purpose and in propriety; but you may
so, then the law of England works in foreign find in three other several places of the same
parts. So of contempts, if the king send his , statute, allegiance and obeisance of the King of
privy seal to any subject beyond the seas, com- j England, and especially in the material and con-
mandinghim to return, and he disobey, no man eluding place, that is to say, children whose parents
will doubt but there is a contempt, and yet the were at the time of their birth at the faith and obei-
fact enduring the contempt was committed in sanceofthe King of England. So that it is manifest
foreign parts. by this indifferent and promiscuous use of both
Therefore the law of England doth extend to phrases, the one proper, the other improper, that
acts or matters done in foreign parts. So of reward, no man can ground any inference upon these words
privilege or benefit, we need seek no other instance without danger of cavillation.
than the instance in question : for I will put you a The second statute out of which they infer, is a
case that no man shall deny, where the law of statute made in 32 Hen. VIII. touching the policy
England doth work and confer the benefit of natu- of strangers tradesmen within this realm. For
ralization upon a birth neither within the dominions the parliament finding that they did eat the Eng-
of the kingdom, nor King of England. By the lishmen out of trade, and that they entertained no
statute of 25 E. III., which, if you will believe apprentices but of their own nation, did prohibit
Hassey, is but a declaration of the common law, that they should receive any apprentice but the
all children born in any parts of the world, if they king's subjects. In which statute is said, that in
be of English parents continuing at that time as nine several places there is to be found this
liege subjects to the king, and having done no act context of words, " aliens born out of the king's
to forfeit the benefit of their allegiance, are "ipso obedience ;" which is pregnant, say they, and
facto" naturalised. Nay, if a man look narrowly . doth imply that there be aliens born within the
in
CASK OF THE POST-NAT1 OF SCOTLAND.
king's obedience. Touching this inference, I have
heard it said, "qui hceret in litere, hceret 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 construction of law; the statute then
meaning not to comprehend Irishmen, or Jersey-
men, or Calaismen, for explanation-sake, lest the
word alien might be extended to them in a vulgar
acceptance, added those further words, " born out
of the king's obedience." Nay, what if we
should say, that those words, according to the
received laws of speech, are no words of difference
or limitation, but of declaration or description of
an alien, as if it had been said, with a " videlicet/1
aliens ; that is, such as are born out of the king's
obedience 1 they cannot put us from that construc-
tion. But 8 ure 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 E. 111. 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 hie seal, as his
majesty hath done, the subjects of England, 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 was now united in right with the
tenancy of Normandy, and that England, in re-
gard of the conquest, might be taken as a per-
quisite 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. Bat 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 natu-
ralized in England, because he is a subject of the
king as king of England 1 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 a
union of the crowns in some degree, by virtue of
the union of the king's 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, show us a statute for that
But I hope you can show no statute of separation
between England and Scotland. And if any man
say that this was a statute declaratory of the
common law, he doth not mark how that is pen-
ned ; 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 :" w hich are words
merely introductive "nova? legis," as if the king
gave a charter of franchise, and did invest, by
a donative, the subjects of England with a new
privilege 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 allegiance of England.
The third is 13 Eliz. Dyer, fol. 300, where
the case begins thus : •* Doctor Story qui notorie
dignoscitur esse subditus regni Anglir." 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 narra-
tively, 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 fee simple, you will
not infer upon that, that the words of the plead-
CASE OF THE POST-NAT1 OF SCOTLAND.
173
ing were "in feodo simplici," but "sibi et
ha*redibus suis." But show me some precedent
of a pleading at large, of "natus sub ligeantia
regni Anglias;" 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
circumstances ; but in the form of " regni" and
" regis*' they vary not : neither can there, as I
am persuaded, be any one instance showed 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 regis Angliae." See the
precedents in the book of entries, pi. 7, and two
other places, for there be no more : and there you
shall find still " sub ligeantia domini regis," or
"extra legeantiam domini regis." And therefore
the forms of pleading, which are things so re-
verend, and arc indeed towards the reasons of the
law, as " pal ma," and " pugnus," containing the
reasons of the law, opened or unfolded, or display-
ed, they make all for us. And for the very words
of reporters in books, you must acknowledge and
say, " ilicet obruimur nuraero." For you have 22
Ass. pi. 25. 27 Ass. the prior of Shell's case,
pi. 48. 14 H. I V. fol. 19. 3 H. VI. fol. 35. 6 H.
VIII. in my Lord Dyer, fol. 2. In all these books
the very words of the reporters have " the alle-
giance of the kings," 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
M allegiance of England," yet when it comes to
Thorp, chief justice, to give the rule, he saith,
" we will be certified by the roll, whether Scot-
land 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 show in the affirmative, under the
allegiance of what king or state he was born.
The reason whereof cannot be, because it may
appeal 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 "in-
digena" pleaded and traversed. And therefore 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
tried, I hold it not worth the answering ; for the
M 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 piece*; for how should the birth of an Irish-
man be tried, or of a Jersey man ? nay, how should
the birth of a subject be tried, that is born of
English parents in Spain or Florence, or any part
of the world 1 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 limitation, which is,
that it evermore faileth and deceiveth in cases
where there is any vigour or operation of the
natural person ; for generally in corporations the
natural body is but"sufTulcimentum turn corporis
corpora ti," it is but as a stock to uphold and bear
out the corporate body ; but otherwise it is in
the case of the crown, as shall be manifestly
proved in due place. But to show that this rule
receiveth this distinction, 1 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 Winchester, lord treasurer of England, and
privy counsellor, 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 con-
cerned 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 considera-
tion 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 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
p 9
174
CASE OP THE POST-NATI OP SCOTLAND.
the tenent and the natural person of the lord.
And certainly the case of homage and tenure, and
of homage liege, 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 ; as if, in
future time, in the king's descendants, 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 the West Indies
should be naturalized ; which are people not
only "alterius soli, " but "alterius cceli."
To these conceits of inconvenience, how easy
it is to give answer, and how weak they are in
themselves, 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 conceive 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 natu-
ralizing 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 con-
sort. 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 selfsame objections do
hold in countries purchased by conquest. For in
subjects obtained by conquest, it were more profit
to indenizate 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, whereby the crown of
England had obtained the Indies by conquest or
occupation, all the Indies had been naturalized by
the confession of the adverse part. And, therefore,
since it is confessed, that subjects obtained by
conquest are naturalized, and that all these objec-
tions 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 confessed the Irish are natu-
ralized ; that they confess the subjects of the Isles
of Jersey and Guernsey, and Berwick, to be natu-
ralized, 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, that is, (I speak net to the disadvan-
tage of the persons that use it ; for they are driven
to it "tanquam ad ultimum refugium ;" but the
difference itself,) it is, I say, full of ignorance
and error. And, therefore, to take a view of
the supports of the difference, they allege four
reasons.
The first is, that countries of conquest, are
made parcel of England, because they are ac-
quired by the arms and treasure of England. To
this I answer, that it were a very strange argu-
ment, that if I wax rich upon the manor of Dale,
and upon the revenue 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 1 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, whensoever wars are, so it will be, I
demand, Whether this country conquered shall be
naturalized both in England and Scotland, because
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 king-
doms ; the one kingdom not being naturalized
toward the other 1
These are the intricate consequences of conceits.
A second reason they allege is, that countries
won by conquest become subject to the laws of
England, which countries patrimonial are not, and
that the law doth draw the allegiance, and allegi-
ance naturalization.
But to the major preposition 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
proposition is false ; that is, that the lavs of Eng-
CASE OF THE POST-NATI OF SCOTLAND.
175
land 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 England. And hereof many
ancient precedents and records may be showed,
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 extend-
ed 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
necessity 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
reverenced and almost never used. But the
other, which is the modern manner, and almost
wholly in practice and use, is by garrisons
and citadels, and lists or companies of men
of war, and other like matters of terror and
bridle.
To the first of these, which is little used, it is
true that naturalization doth conduce, but to the
latur 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, naturaliza-
tion 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 particular 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 subjects
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 naturalization 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 England, 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 naturalization upon slaves and vas-
sals, 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 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
kingdoms 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 an-
cestor 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 ient
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 con-
fute it. So as I do not blame the passing cf the
reason: but it is answered with no great dif-
ficulty; 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 remainder, 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 qharge or
trouble when his turn was served, he limited it to
the king during the life of tenant in tail. Ques-
tion 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 possi-
bility execute; for tenant in tail cannot surrender;
and if he died, the remainder likewise ceased.
To which it was answered, that there was a pos-
sibility 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, not-
withstanding his civil death. But the court "una
voce" exploded this reason, and said, that monas-
teries 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 monas-
teries to be restored, or for the king's line to fail.
But the true answer is, that the possibility subse-
176
CASE OF THE POST-NATI OF SCOTLAND.
quent, 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 se-
vered, 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, "ces-
sante causa cessat effectus," the benefit of natu-
ralization for the time to come is dissolved. But
thataltereth not the operation of the law ; " rebus
sic stantibus.'1 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
subjects by conquest; and that is the union in the
person of the king ; and therefore that the case
of Scotland is as clear as that of Ireland, and they
th it 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 argu-
ments, as in nature, the destruction of an objec-
tion 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 inter-
mixed with matter of confutation. I will there-
fore prove unto your lordships that the post-natus
of Scotland is by the law of England natural, and
ou<;ht so to be adjudged, by three courses of proof.
1 . First, upon point of favour of law.
2. Secondly, upon reason 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 not a common principle, that the law favoureth
three things, life, liberty, and dower ? And what
is the reason of this favour 1 This, because our
law is grounded upon the law of nature. And
these three things do flow from the law of nature,
preservation 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
44 quia natura omnes homines erant libcri ;" and
that servitude orvillenage doth cross and abridge
the law of nature? And doth not the selfsame
reason hold in the present case 1 For, my lords,
by the law of nature all men in the world are
naturalized one towards another ; thev 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 showeth, " unius
labii," of one language, until the curse ; which
curse, thanks be to God, our present case is ex-
empted 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, bnt takes
them strictly ; even as our luw hath an excellent
rule, That customs of towns and boroughs shall
be taken and constructed strictly and precisely,
because they do abridge and derogate from the
law of the land. So, by the same reason, all
national laws whatsoever are to be taken strictly
and hardly in any point wherein they abridge and
derogate from the law of nature. Whereupon I
conclude that your lordships cannot judge the law
for the other side, except the case be "luce
clariu8." And 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 correction be it spoken, to pronounce
for us because of the favour of the law. Further-
more, as the law of England must favour na-
turalization 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 1 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 showeth the wisdom and excellent
composition of our law, and that it is the law of
a warlike and magnanimous nation, fit for empire.
For look, and you shall find that such kind of
estates have been ever liberal in point of natural-
ization ; whereas merchant-like and envious es-
tates have been otherwise.
For the reasons of law joined with authorities,
I do first observe to your lordships, that our asser-
tion or affirmation is simple and plain: that it
sufficeth to naturalization, that there be one king,
and that the party be " natus ad fldem 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 "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 comprehension than the law or the
CASE OF THE POST-NATI OF SCOTLAND.
177
kingdom. And therefore it cannot be a depend-
ency of that without the which it may of itself
subsist.
The second proof which 1 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
dimension than laws or kingdom, and cannot con-
sist by the laws merely ; because it began before
laws, it continueth 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 demon-
strate, that the original age of kingdoms was
governed by natural equity, that kings were more
ancient than lawgivers, that the first submissions
were simple, and upon confidence to the person
of kings, and that the allegiance of subjects to
hereditary monarchies can no more be said to con-
sist by laws, than 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 subjects 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 no-
tably in time of wars, for "silent leges inter
arm 4." And yet the sovereignty and imperial
power of the king is so far from being then extin-
guished or suspended, as contrariwise it is raised
and made more absolute ; for then he may proceed
by his supreme authority, and martial law, with-
out observing formalities of the laws of his king-
dom. And, therefore, whosoever speaketh of
laws, and the king's power by laws, and the sub-
jects' obedience or allegiance to laws, speak but
of one-half of the crown. For Bracton, out of
Justinian, doth truly define the crown to consist
of laws and arms, power civil and martial, with
the latter whereof the law doth not intermeddle :
to si where it is much spoken, that the subjects
Vol. II.
of England are under one law, and the subjects
of Scotland are under another law, it is true at
Edinburgh or Stirling, or, again, in London or
York ; but if Englishmen 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 peregrination : If a king of
England travel or pass through foreign territories,
yet the allegiance of his subjects followeth him :
as appeareth in that notable case which is report-
ed in Fleta, where one of the train of King Ed-
ward 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 persona);" 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 seve-
ral capacities ; for they that maintain the contrary
opinion do in effect destroy the whole force of the
king's natural capacity, as if it were drowned and
swallowed up by his politic. And therefore I
will first prove to your lordships, that his two
capacities are in no sort confounded. And, se-
condly, 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 1 The case, as your
lordships know well, is reported by Mr. Plowden
as the general resolution of all the judges of Eng-
land, and the king's learned counsel, Rouswell
the solicitor 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 corpora natural i, et corpus
naturale in corpore corporate." The like 1 find
| in the great case of the Lord Berkley, set down hy
. the same reporter, Comment, fol. 934. " 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 i f the
178
CASE OF THE POST-NATI OF SCOTLAND.
crown 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 im-
mortal ; 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 na-
tural persons, too long to rehearse, the rather be-
cause 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 show me in all the corporations of Eng-
land, 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, succes-
sors, is but superfluous: and where that is used,
that is ever duly placed after the word heirs,
" the king, his heirs, and successors."
Again, no man can deny but " uxor et films
sunt nomina naturae/' 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 I 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 Catha-
rine 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 EM ward 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 1 no mnn can affirm but these be operations \
of law, proceeding from the dignity of the natural j
person 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 show you where the natural per-
son of the king hath not only an operation in the
1 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 s
Scotsman, who is a subject to the natural person
of the king, and not to the crown of England ; can
1 a Scotsman, I say, be an enemy by the law to
I the subjects of England 1 Or must he not of ne-
' cessity, if he should invade England, be a rebel
I and no enemy, not only as to the king, bat as to
1 the subject 1 Or can any letters of mart or repri-
sal be granted against a Scotsman that shall spoil
an Englishman's goods at seal And certainly
this case doth press exceeding near the principal
case ; for it proveth plainly, that the natural per-
son of the king hath such a communication 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 Ed-
ward II., in which act there is contained the
charge and accusation whereupon his exile pro-
ceeded. One article of which charge is set down
in these words : " Homage and oath of the sub-
ject is more by reason of the crown than by rea-
son 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
acknowledge justly and ingeniously a great dif-
ference between that assertion and this, which is
now maintained : for it is one thing to make
things distinct, another thing to make them sepa-
rable, "aliud est distinctio, aliud separatio;" and
therefore 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 scor-
pion, more in tho 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,1' an opinion from which
a man may easily slide into an absurdity. But
upon this act of parliament 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
CASE OF THE POST-NATI OF SCOTLAND.
179
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 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 a onion of these two kingdoms already begun
in his majesty's person : so as, by the declaration
of that act, they have not only one king, but there
is a 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
authority 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 philosophers speak, such as the laws, the
officers, the parliament, are not yet commixed;
yet, nevertheless, there is but one and the selfsame
fountain of sovereign power depending upon the
ancient submission, whereof I spake in the be-
ginning; 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 people, without any exact form of policy ; that
then naturalization and communication of privi-
leges did follow 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 founda-
tion, and do serve only to perfect and corroborate
the force and bond of the first submission, 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
magi 9 elucesunt." 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 acts declare the com-
mon 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 pe-
tition put into parliament by the commons,) that
infants born beyond the seas in the seigniories of
Calais, and elsewhere within the lands and seig-
niories that pertain to our sovereign lord the king
beyond the seas, be as able and inheritable for
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 shows : then, if so, it must be either
by common law or statute, for so the words re-
port : 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 com-
mon law, for that only remains. And so by the
declaration of this statute at the common law,
44 all infants, born within the lands and seig-
niories (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 1 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 behooveth 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 precedents, as are without all colour or scru-
ple of exception or objection, even of those
objections which I have, to my thinking, fully
.answered and confuted. This is now, by the
180
CASE OF THE POST-NATI OF SCOTLAND.
providence of God, the fourth time that the line and l
Kings of England have had dominions and seig- :
niories united unto them as patrimonies, 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, commonly
called the Conqueror. The second was of Gas-
coigne, 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 Scotlaud, in his majesty.
Of these I will set aside such as by any cavitation
can be excepted unto. First, I will set aside Nor-
mandy, because it will be said, that the difference
of countries accruing by conquest, from coun-
tries annexed by descent, in matter of communi-
cation of privileges, holdeth both ways, as well
of the part of the conquering kingdom, as the con-
quered ; 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 descent, yet that
title was executed and recovered by arms, so as
it is a mixed 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 required the sight of
the commission, which was brought before them,
and purported power to pardon felonies and trea-
son, 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, 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 j
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 tri- >
bunal-seat, wherein God giveth the judgment, I
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
** remittor ;" so as there will be no difference in
countries whereof the right cometh by descent,
whether the possession be obtained peaceably or
by war. But yet, nevertheless, because 1 will
utterly take away all manner of evasion and
subterfuge, I will yet set apart that part of time,
in and during the which the subjects of Gascoigne
and Guienne might be thought to be subdued by
a reconquest. 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 KingH. II. until
the time of King John, at what time those pro-
vinces were lost ; and from that time again unto
the seventeenth year of the reign of King E. II.,
at what time the statute of "praerogativa regis"
was made, which altered the law in the point in
hand.
That both in these times the subjects of Gas-
coigne, and Guienne, and Anjou, were naturalized
for inheritance in England, by the laws of Eng-
land, I shall manifestly prove; and the proof
proceeds, as to the former time, which is our case,
in a very high degree " a minore ad majus," and
as we say, " a multo fortiori." For if this privilege
of naturalization remained unto them when the
countries were lost, and became subjects in pos-
session 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 perturba-
tions 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, continued inheritable to their posses-
sions in England ; and reciprocally the people of
England inherited and succeeded to their posses-
sions in Gascoigne, and were both accounted "ad
fidem utriusque regis," until the statute of ** prero-
gativa 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 istst" It was the
cowardice and disloyalty of their governors that
deserved punishment, but what hath these sheep
done 1 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 disclaimer in them, and so a greater
CASE OF THE POST-NATI OP SCOTLAND.
Ifrl
difficulty to recoTer 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
teemed, 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 inheritance 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 " prerogative regis. Rex habebit escaetas
de terns 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 antecessors fuerunt ad fidera
regis Franciae, ut tempore regis Johannis, et non
ad fidera regis Anglie, sicut contigit de baronia
Monumetae," &c.
By which statute it appears plainly, that before
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 deter-
mines 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 credit, 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 quae tenenti
competit ex persona petentis, propter defectum
nationis, quae dilatoria est, et non perimit actionem,
ut si quia alienigena qui fuerit ad fid em regis
Franciae, et actionem instituat versus aliquem,qui
fuerit ad fidem regis Angliae, tali non respondeatur,
saltern donee terra; fuerint communes."
By these words it appeareth, that after the loss
of the provinces beyond the seas, the naturaliza-
tion 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 peremp-
tory, but only dilatory, that is to say, during the
time of war, and until there were peace concluded,
which he terms by these words, " donee terrae
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
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, Gas-
coigne, Guienne, Anjou, and Britain, were inhe-
ritable 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 peaco 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" praerogativa regis," were
inheritable in England, and to be answered in the
king's courts in all actions, except it were in time
of war. Nay, more, which is " de abundanti,"
that when the provinces were lost, and disannex-
ed, and that the king was but king " de jure"
over them, and not " de facto ;" yet, nevertheless,
the privilege of naturalization continued.
There resteth yet one objection, rather plausi-
ble 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 pro-
vinces being of an inferior nature, did acknow-
ledge 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 abso-
lute dukedom, or any other sovereign estate do
differ " honore," and not " potestate :" for divers
duchies and countries that are now, were some-
times kingdoms: and divers kingdoms that are
now, were sometimes duchies, or of other inferior
style : 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 style 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 parliament,
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
Giuenne 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
189
CASE OF THE POST-NATI OP SCOTLAND.
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 bo 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 testa-
mentary, and the like.
Now, for the colours that some have endeavour-
ed to give, that they should have been subordi-
nate to the government of England ; they were
partly weak, and partly such as make strongly
against them : for as to that, that writs of " ha-
beas 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 Gascoigne :
if those statutes be well looked into, nothing doth
more plainly convince the contrary, for they in-
termeddle with nothing but that that concerneth |
either the English subjects personally, or the ter- '
ritories of England locally, and never the subjects '
of Gascoigne : for look upon the statute of 27 E. |
III. cap. 5 ; there it is said, that there shall be no '
forestalling of wines. But by whom 1 Only by
English merchants ; not a word of the subjects of
Gascoigne, and yet no doubt they might be of-
fenders 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 1 Into the realm of England. And in
the seventh chapter, 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 1 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
appoint 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 govern-
ments there, but for the liberties and good usage
of the subjects of those parts when they came
hither, or " vice versa," for the restraining of the
abuses and misdemeanours 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 inse-
parabiles insuperabiles." Some things 1 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 judg-
ment for the plaintiff.
TRACTS RELATING TO IRELAND.
CERTAIN CONSIDERATIONS
TOUCHI1IO
THE PLANTATION IN IRELAND.
PRESENTED TO HIS MAJE8TY, 1606.
TO THE KING.
It seemeth God hath reserved to your majesty's
times two works, which amongst the works
of kings have the supreme pre-eminence; the
union, and 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 judgment 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 than to illustrate or
amplify : and as in the works of God, the creation
is greater than the preservation ; and as in the
works of nature, the birth and nativity is more
than the continuance : so in kingdoms, the first
foundation or plantation is of more noble dignity
and merit than all that followeth. Of which
foundations there being but two kinds ; the first,
that maketh one of more; niid thfl a**ondf tjiat
maketh one of none : the.. 1 atter resembling . the
creation of the world, which way " de nihilo ad
qtifd:" and the former, the edification of the
church, which was "de multipliciad 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 accomplished, then
that which was uttered by one of the best orators,
in one of the worst verses, " O fortunatam natam
me consule Romam !" may be far more truly and
properly applied to your majesty's acts ; " natam
te rege Britanniam ; natam Hiberniam." 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 sacrifices expiatory for blood ; and there-
fore, no doubt, under a higher and more assured
blessing. Wherefore, as I adventured, when I
was less known and less particularly bound to your
majesty, than since by your undeserved favour I
have been, to write somewhat touching the union,
which your majesty was pleased graciously to
accept, 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, nevertheless,
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, 1 will speak somewhat of the
excellency of the work, and then of the means to
compass and effect it.
For the excellency of the work, I will divide it
into four noble and worthy consequences that will
follow thereupon.
The first of the four, is honour; whereof I have
spoken enough already, were it not that the harp
v183
184
OF THE PLANTATION IN IRELAND.
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 natures wild and
savage, to stand about him, as in a theatre ; for-
getting 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 fol-
loweth the calling of stones for building and
habitation ; and of trees for the seats of houses,
orchards, enclosures, and the like. This work,
therefore, of all other most memorable and honour-
able, your majesty hath now in hand ; especially,
if your majesty join the harp of David, in cast-
ing 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
attend eth 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 virtuous affections do promise the same more
especially to these your kingdoms. An effect of
peace in fruitful kingdoms, where the stock of
people, receiving no consumption nor diminution
by war, doth continually multiply and increase,
must in the end be a surcharge or overflow of
people, more than the territories can well maintain ;
which many times insinuating a general necessity
and want of means into all estates, doth turn
external peace into internal troubles and seditions.
Now what an excellent diversion of this incon-
venience is ministered, 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 after-
wards 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 king*
dom hath heretofore invited : wherein I dhall not
need to fetch reasons afar off, either for the gene-
ral or particular. For the general, because no*
thing is more evident than that, which one of the
Romans said of Peloponnesus : " Testudo intra
tegumen tuta est;9' the tortoise is safe within her
shell : but if she put forth any part of her body,
then it endangereth not only the part which is so
put forth, but all the rest. And so we see in
armour, if any part be left naked, it puts in ha-
zard the whole person. And in the natural body
of man, if there be any weak or affected part, it is
enough to draw rheums or malign humours unto
it, to the interruption of the health of the whole
body.
And for the particular, the example is too
fresh, that the indisposition of that kingdom hath
been a continual attractive of troubles and infesta-
tions upon this estate ; and though your majesty's
greatness doth in some sort discharge this fear,
yet with your increase of power it cannot be, but
envy is likewise increased.
The fourth and last consequence is the great
profit and strength which is like to redound to
your crown, by the working upon this unpolished
part thereof: whereof your majesty, being in the
strength of your years, is like, by the good plea-
sures 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 dow-
ries of nature, considering the fruitful ness 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 con-
tinent, to find such confluence of commodities, if
the hand of man did join with the hand of nature.
So, then, for the 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 yon
there, and know the region : nor the advice of t
grave and prudent council of estate here ; which
knew 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
fountain of wisdom and universality which is in
yourself; yet, notwithstanding, in a thing of so
public a nature, it is not amiss for your majesty to
hear variety of opinion : for, as Demosthenes saith
well, the good fortune of a prince or state doth
sometimes put a good motion into a fool's mouth.
I do think therefore the means of accomplish-
ing this work consisteth of two principal parts.
The first, the invitation and encouragement of un-
dertakers ; the second, the order and policy of the
OF THE PLANTATION IN IRELAND.
185
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 virtues and excellent
desires in the tables of your majesty's heart ; your
authority and affection is " primos motor" in this
cause ; and therefore the more strongly and fully
your majesty shall declare yourself in it, the more
shall you quicken and animate the whole proceed-
ing. For this is an action, which is as the wor-
thiness of it doth bear it, so the nature of it re-
quireth it to be carried in some height of reputation,
and fit, in mine opinion, for pulpits and parlia-
ments, 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 ac-
tions 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 re-
wards or as suits, or as fortunes for those that are
in want, and are likeliest to seek alter them ; that
they will not be able to go through with the
charge of good and substantial 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 reversions after
lives or years, or such as were fit to put out
money upon long returns.
1 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 them-
selves; 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
ladies and the like : so as there can be found no
Vol.IL— 84
foundation made upon matter of pleasure, other-
wise 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 affec-
tion 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 restrain the country of Wales :
and, I take it, the Prince of Spain hath the addi-
tion of a province in the kingdom of Naples : and
other precedents I think there are : and it is like
to put more life and encouragement into the
undertakers.
Also, considering the large territories which are
to be planted, it is not unlike your majesty will
think of raising some nobility there ; which, if it
be done merely upon new titles of dignity, hav-
ing no manner of reference to the old ; and if it
be done also without 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 persons of great estate
and means into the action, to the great further-
ance 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 minis" for the proportion of this action,
I confess plainly, that if your majesty will have
it really and effectually performed, my opinion is,
you cannot bestow too much sunshine upon it.
For " luna? 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.
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 palatine, or the like, which it seemeth
hath been the error of the ancient donations and
plantations in that country, but I mean only liber-
ties tending to commodity ; as liberty to transport
any of the commodities 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, esse of charge ; that the whole
mass of charge doth not rest upon the private
purse of the undertakers.
48
186
OF THE PLANTATION IN IRELAND.
For the two former of these, I will pass them
over ; because in that project, which with good
diligence and providence hath been presented to
your majesty by your ministers of that kingdom,
they are in my opinion well handled.
For the third, 1 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; 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 whatsoever is pub-
lic, as building of churches, walling of towns,
town-houses, bridges, causeways, or highways,
and the like, ought not so properly to lie upon
particular persons, but to come from the public
estate of this kingdom; to which this work is
like to return so great an addition of glory,
strength, and commodity.
For the project itself, I shall need to speak the
less, in regard it is so considerately digested al-
ready 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 plan-
tation : which of all things is most necessary, both
to direct, and appease controversies, and the like.
To this I add two propositions : the one, that
which perhaps is meant, though not expressed,
that the commissioners should for certain times
reside and abide in some habitable town of Ireland,
near in distance to the country where the planta-
tion 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 draw-
ing 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
receipt and store, wherein to unlade 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 war-
rant myself by the precedent of the like council
of plantation for Virginia ; an enterprise in my
opinion differing as much from this, as Amadis
de Gaul differs from Caesar's Commentaries. But
when I speak of a council of plantation, I mean
some persons chosen by way of reference, upon
whom the labour may rest, to prepare and report
things to the council of estate here, that concern
that business. For although your majesty have
a grave and sufficient council in Ireland ; from
whom, and upon whom, the commissioners are
to have assistance and dependence ; yet that sup-
plies 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 continual care of
the cause. And it will be likewise a comfort and
satisfaction to some principal undertakers, if they
may be admitted of that council.
Secondly, There is a clause wherein the under-
takers are restrained, that they shall execute the
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 under-
take portions as an advancement for their younger
children or kinsfolks ; or for the sweetness of
the expectation of a great bargain in the end,
when it is overcome. And, therefore, it is like
they will employ sons, kinsfolks, servants, or
tenants, and yet be glad to have the estate in
themselves. And it may be, some again will join
their purses together, and make as it were a part-
nership 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
execute, nor yet so politic and convenient : and
that is, that the buildings should be " sparsim"
upon every portion ; and the castle or principal
house should draw the tenements and farms about
it, as it were into villages, hamlets, or 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 husban-
dries as of arts. My reasons are,
First, When men come into a country vast, and
void of all things necessary for the use of man's
life, if they set up together in a place, one of
them will the better supply the wants of another:
work-folks of all sorts will be the more continu-
ally 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 he to a num-
ber of dispersed solitary places ; and infinite other
helps and easements, scarcely to be comprehended
in cogitation, will ensue in vicinity and society of
LETTER RELATING TO IRELAND.
187
people : whereas, if they build scattered, as is pro-
jected, every man must have a cornucopia in him-
self 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 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
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 imme-
diate undertaker. Secondly, the more his profit
dependeth upon the annual and springing com-
modity, 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 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 un-
dertakers. 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 irrthat kingdom should enter into some
towns be increased accordingly ; and, likewise, particular consideration of the charges and pro-
the situation of them be as in the centre, in re- ' visions of all kinds, that will be incident to the
spect of the portions assigned to them ; for in the , plantation ; to the end, that thereupon some ad-
champaign countries of England, where the habita-
tion 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 compass will
take up a good deal of country.
The fourth point, is a point wherein I shall dif-
fer from the project rather in quantity and pro-
portion, than in matter. There is allowed to the
vice may be taken for the furnishing and accom-
modating them most conveniently, aiding private
industry and charge 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 accept-
ance of my good affection and intention. For I
undertaker, within the five years of restraint, to hold it for a rule, that there belongeth to great
alien a third part in fee farm, and to demise an- monarch s, from faithful servants, not only the
other third for forty years: which I fear will tribute of duty, but the oblations of cheerfulness
mangle the portions, and will be but a shift to of heart. And so I pray the Almighty to blest
make money of two parts ; whereas, I am of this great action, with your majesty's care ; and
opinion, the more the first undertaker is forced to your care with happy success.
A LETTER
TO
MR. SECRETARY CECIL,
THE DEFEATING OF THE SPANISH FORCI8 IN IRELAND J* INCITING HIM TO EMBRACE THE CARE
OF REDUCING THAT KINGDOM TO CIVILITY, WITH SOME REA80N8 8ENT ENCLOSED.
It MAT 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
• Therefore this was wrote in 1601.— JUwltj's Rtutd-
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 ma-
jesty and this crown, without ventosity and popu-
188
LETTER RELATING TO IRELAND.
larity, that the riches of any occasion, or the tide
of any opportunity, can possibly minister or offer ;
and that is the causes of Ireland, if they be taken
by the right handle. For if the wound be not
ripped up again, and come to a recrudency by
new foreign succours, I think that no physician
will go on much with letting of blood, " in decli-
natione morbi ;" but will intend to purge and cor-
roborate. To which purpose I send you mine
opinion, without labour of words, in the enclosed ;
and sure I am, that if you shall enter into the
matter according to the vivacity of your own
spirit, nothing can make unto you a more gainful
return. For you shall make the queen's felicity
complete, which now, as it is, is incomparable :
and for yourself, you shall show yourself as good
a patriot as you are thought a politic, and make
the world perceive you have not less generous
ends, than dexterous delivery of yourself towards
your ends; and that you have as well true arts
and grounds of government, as the facility of
practice and negotiation ; and that you are as
well seen in the periods and tides of estates, as
in your own circle and way : than (he which, I
suppose, nothing can be a better addition and ac-
cumulation 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 absurdity.
But if it seemeth 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.*
The reduction of that country, as well to civility
and justice, as to obedience and peace, which
things, as affairs now stand, I hold to be insepa-
rable, consisteth in four points :
1. The extinguishing of the relics of the war.
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
difficulty is, to distinguish and discern the pro-
positions, which shall be according to the ends
of the state here, that is, final and summary
towards the extirpation of the troubles, from those,
which, though they pretend public ends, yet may
refer indeed to the more private and compendious
ends of the council there : or of the particular
governors or captains. But still, as I touched in
• RMuieuatio, W4.
my letter, I do think much letting blood, "in
declinatione morbi,*' is against method of cure :
and that it will but induce necessity, and exaspe-
rate despair: and percase discover the hollowness
of that which is done already, which now blazeth
to the best show. For Iaglia'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
themselves. But of all other points, to my
understanding, the most effectual is, the well
expressing or impressing the design of this state,
upon that miserable and desolate kingdom; con-
taining the same, between these two lists or
boundaries ; the one, that the queen seeketh not
an extirpation of that people, but a reduction ;
and that, now she hath chastised them by her
royal power and arms, according to the necessity
of the occasion, her majesty taketh no pleasure in
effusion of blood, or displanting of ancient genera-
tions. 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 performance
of the office of protection, and reclaim of those
her subjects : and, in a word, that the case is
altered so far as may stand with the honour of the
time past: which it is easy to reconcile, as in my
last note I showed. And, again, I do repeat, that
if her majesty's design be " ox professo" to reduce
wild and barbarous people to civility and jus-
tice, 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 proceeding, I
doubt things may too soon fall back into the state
they were in. Next to this ; adding reputation to
the cause, by imprinting an opinion of her majesty's
care 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, seemeth to be an opportunity "coelitus
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 redeundi ad
sanitatem ;" and which is but a mockery when
the enemy is strong, or proud, but effectual
LETTER RELATING TO IRELAND.
189
hi hit declination) that is, a liberal proclama-
tion of grace and pardon to such as shall sab-
nit, and come in within a time prefixed, and
of some farther reward, to soon as shall bring
others in ; that one's sword may be sharpened by
another's, is a matter of good experience, and now,
1 think, will come in time. And percase, though
I wish the exclusions of such a pardon exceeding
few, yet it will not be safe to continue some of
them in their strength, but to translate them and
their generations into England: and give them
recompense and satisfaction here for their posses-
sions 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 inspiciendas et componendas ;" for it will be
a very significant demonstration of her majesty's
care of that kingdom ; a credence to any that shall
come in and submit ; a bridle to any that shall
have their fortunes there, and shall apply their
propositions to private ends; and an evidence
that her majesty, after arms laid down, speedily
porsueth 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.
3. Justice and protection.
3. Obligation and reward.
For religion, to speak first of piety, and then
of policy, all divines do agree, that if consciences
be to be enforced at all, wherein yet they differ,
two things must precede their enforcement : the
one, means of instruction ; the other, time of
operation ; neither of which they have yet had.
Besides, till they be more like reasonable men
than they 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
incompatible with religion reformed. For policy,
there is no doubt but to wrestle with them now, is
directly opposite to their reclaiming, and cannot
but continue their alienation of mind from this
government. Besides, one of the principal
pretences, whereby the heads of the rebellion
have prevailed both with the people, and with the
foreigner, hath been the defence of the Catholic
religion : and it is this that likewise hath made
the foreigner reciprocally more plausible with the
rebel. Therefore a toleration of religion, for a time,
not definite, except it be in some principal towns
and precincts, after the manner of some French
edicts, seemeth to me to be a matter warrantable
by religion, and in policy of absolute necessity.
And the hesitation in this point, I think, hath been
a great casting back of the affairs there. Neither
if any English 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 excom-
munications or interdictions for Ireland. But
there would go hand in hand with this, some
course of advancing religion indeed, where the
people is capable thereof; as the sending over
some good preachers, especially of that sort which
are vehement and zealous persuaders, and not
scholastical, to be resident in principal towns;
endowing them with some stipends out of her
majesty's revenues, as her majesty hath most
religiously and graciously done in Lancashire :
and the recontinuing and replenishing the college
begun at Dublin, the placing of good men to be
bishops 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 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 bath 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 interim in which the
justice must be only summary : the rather, because
it is fit and safe for a time the country do
participate of martial government ; and, therefore,
I could wish in every principal town or place
of habitation, there were a captain or govern-
or; and a judge, such as recorders, and learned
stewards are here in corporations, who may have
a prerogative commission to hear and determine
" secundum sanam discretionem ;" and as near as
may be to the laws and customs of England;
and that by bill or plaint, without original writ;
reserving from their sentence matter of freehold
and inheritance, to be determined by a superior
judge itinerant; and both sentences, as well
of the bailiwick judge, as itinerant, to be re-
versed, if cause be, before the council of the
province to be established there with fit instruc-
tions.
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
190
LETTERS RELATING TO IRELAND.
am persuaded, if a penny in the pound which hath
been spent in " poena," for this kind of war is
but "poena," a chastisement of rebels, without
fruit or emolument to this state, had been spent
in "pnemio," that is, in rewarding, things had
never grown to this extremity. But to speak
forwards. The keeping of the principal Irish
persons in terms of contentment, and without
cause of particular complaint ; and generally the
carrying of an even course between the English
and 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 cemfort and allurement ; they are things
which fall into every man's consideration.
For the extripating 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 rebel-
lion, which by a number of politic statutes of
Ireland, meet to be put in execution, are already
forbidden; unto which such additions may be
made as the present time requireth. But the de-
ducing 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 de-
mesne, 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 " 8parsim" at their pleasure ; nor any con-
dition that they should make places fortified and
defensible : which omission was a strange neglect
and secureness, to my understanding. So as for
this last point of plantations and buildings, there
be two considerations which I hold most material ;
the one for quickening, 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 overruling them with a parliament
in Ireland, which in this coarse of a politic pro-
ceeding, infinite occasions will require speedily
to be held, it will be fit to supply fit qualified per-
sons or undertakers. The other, that it be not
left, as heretofore, to the pleasure of the under-
takers and adventurers, where and how to build
and plant ; but that they do it according to a pre-
script or formulary. For, first, the places, both
maritime and inland, which are fittest for colonies
or garrisons, as well for doubt of the foreigner, 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 V1LLIERS.
Sir,
I send you enclosed a warrant for my lady of
Somerset's pardon, reformed in that main and
material 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 despatched, which I marvel
not at, for that in matter of life moments are num-
bered.
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 confer-
ences with him, his great sufficiency ; and I hope
the good intelligence, which he purposeth to
hold with me by advertisements from time to
time, shall work a good effect for his majesty's
service.
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 parliament of Ireland, I was no unfortunate
remembrancer to his majesty's princely wisdom
in that business. God ever keep you and pros-
per you.
Your true and most devoted
and bounden servant,
Fr. Bacon.
1 July, 1616.*
TO SIR GEORGE VILLIERB.
Sir,
I think I cannot do better service towards the
good estate of the kingdom of Ireland than to
procure 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
* St«ph«m'i Second Collection, p. J.
LETTERS RELATING TO IRELAND. 101
solicitor's place, if the new solicitor shall go up, into matter of conscience. Also, that his majesty
a gentleman of mine own breeding and framing, will, out of the depth of his excellent wisdom and
Mr. Edward Wyrthington, of Gray's-Inn; he is providence, think, and, as it were, calculate with
born to eight hundred pounds a year ; he is the himself, whether time will mate more for the
eldest son of a most severe justicer, amongst the cause of religion in Ireland, and be still more and
recusants of Lancashire, and a man most able more propitious ; or whether deferring remedies
for law and speech, and by me trained in the will not make the case more difficult. For, if
king's causes. My lord deputy, by my descrip- time give his majesty advantage, what needeth
tion, is much in love with the man. I hear my precipitation to extreme remedies? But if time
Lord of Canterbury, and Sir Thomas Laque, will make the case more desperate, then his
should name one Sir John Beare, and some other majesty cannot begin too soon. Now, in my
mean men. This man I commend upon my opinion, time will open and facilitate things for
credit, for the good of his majesty's service. God reformation of religion there, and not shut up and
ever preserve and prosper you. I rest lock out the same. For, first, the plantations
Your most devoted going on, and being principally of Protestants,
and most bounden servant, cannot but mate the other party in time ; also his
Fr. Bacon. majesty's care in placing good bishops and
s July, 1616.* divines, in amplifying the college there, and in
looking to the education of wards and the like;
„_ „_-«__ „„,,-»« .^r^.«.«„ .„„.,„» as they are the most natural means, so are they
TO SIR GEORGE VILLIER8, ABOUT IRI8H AFFAIRS. ,.,/.., . «• * 1 j u r *u
„ like to be the most effectual and happy for the
J ¥ _^ . , . . . weeding: out of popery, without using the tem-
Becau8E I am uncertain whether his majesty , e , .if * i *u: it .1
... . .. to h P° sword; so that, I think, I may truly con-
, . v, f„r. , - , , 4 . u , n£ elude, that the ripeness of time is not yet come.
Ireland, now at Windsor ; I thought it my duty ^^ £dvice in M hamhiJem ig, At,t
to attend his majesty by my letter, and thereby thu^^/c^e of proceeding, to tender the
to supply my absence for U.e renewing of some oath to ^ istrateg £ ^ broceed no^but
former commissions for Ireland, and the framing die b d * And t0 J^ ^ author_
of a newcommission fo, the wards and the aliena- . an'd ree ^^ of ^ former counc[1 , would
turns, which appertain properly to me as his ^ 8om^what done . wbich j that ^^ be a
majesty s attorney, and have been accordingly proceeding to geizure of liberties ; but not by any
referred by the lords. I will undertake that they J^ rf ■ but b „ Quo warrant0i„ or u%^
are prepared with a greater care, and better apph- fad n, whJch ig /,e^ c and win bethe
cation to his majesty s service in that kingdom, ^ rf ^ m four % b wWch dme ^
than heretofore they have been ; and therefore of matter wi„ gomewhat cool.
that I say no more. And for the instructions of fiut j ^ b ^ tbe d.
the new deputy, they have been set down by the . ghou,d be ^ both ^ ^ wh|£ gtand
two secretaries, and read to the board; and being noBw jn conte ^ but with one of te 0lll
things of an ordinary nature, I do not see but choosing ^ ^hjch gha„ be thought moBt £
they may pass. . For if bis majesty proceed with both, then all the
But there have been three propositions and Unm ^ ^ ^ ,ike CMe will tbink it a
counsels whicn have been sUrred, which seem to common c and ^ jt u but |h-r ^ to
me of very great importance; wherein I think iBJtnui1klilownU>mmvWm Butif his majesty
myself bound to delive, -to his majesty my advice ' ^ ^ ^ a rehengion and t^wm
and opinion, if they should now come in ques- ^ fce B0 gtrong; for ^ wiU ^^ it may be
no^' . . ... their case as well to be spared as prosecuted ; and
The first is, touching the recusant magistrates tWg ig the begt advice „,„ , ca„ ^ve to hi, ma_
of the towns of Ireland, and the commonalties . in Ma gtrai an)J of thJg inion aeemei
themselves their electors, what shall be done? ^y ford chancellor to
V> hich consultation anseth from the late adver- ^ mBmi gilion ig thi8 . It may be u,
asements of the two lords justices, upon the . wi„ be moyed to reduce ,be n(]mber rf
instance of the two towns, Limerick and Kil- hig counci| of Ireland wbich ig now aimost fifty,
kenny; in which adverUsements they represent ^ ^ ^ MJm numbe in reg t ^
the danger only, without giving any light for the atneg8 of the number doth both embage Ae
remedy; rather wanly for themselves, than agree- «uthorit of the c0UnciK and divulge ^ bugi.
ably to their duties and places. negg N^rthe!^ i do hold thig proposition to
In this point 1 humbly pray his majesty to be rather gioug and go)emnt Asla needful at
remember, that the refusal is not of the oath of thig rime . for certainly it wiU nl, tbe 8tate full of
allegiance, which is not enacted in Ireland, but digcontentn)ent; which in a growing and unset-
of the oath of supremacy, which cutteth deeper ded egtate ought „ot t0 be>
*M.pft«as'.aMoadOoUMUoB,p.t. This I could wish; that his majesty would
193
LETTERS RELATING TO IRELAND.
appoint a select number of counsellors there,
which might deal in the improvement of his reve-
nue, 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 pre-
sent; which being once settled, then other prin-
cipal 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 rein-
force his majesty's army there by 500 or 1000
men; and that without any penny increase of
charge. And the means should be, that there
should be a commandment of a local removing,
and transferring some companies from one pro-
vince 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,
Fa. Bacon.
Gorhambary, July 5, 1616.*
• Stepheni'i Second Collection, p. 9.
TRACTS RELATING TO SPAIN.
A REPORT
MADE
BY SIR FRANCIS BACON, KNIGHT,
IN THE HOUSE OF COMMONS,
op a traca
DBLXTBBSD BY THE BABL OP lALMBUBY ; AMD AN OTHBB IPBBCH DBL1YBBKO BT THE BAIL OP
KOBTHAMFTOM, AT A COBPBBBNCB COHCBRMIMO
THE PETITION OF THE MERCHANTS UPON THE 8PANI8H GRIEVANCE*.
PARLIAMENT 6 JACOBI.
And it please you, Mr. Speaker, I do not find
myself any ways bound to report that which
passed at the last conference touching the Spanish
grievances, having been neither employed to
speak, nor appointed to report in that cause. But
because it is put upon me by a silent expectation,
grounded upon nothing, that I know, more than
that I was observed diligently to take notes ; I
am content, if that provision which I made for
mine own remembrance may serve this House for
a report, not to deny you that sheaf that I have in
haste bound up. It is true, that one of his ma-
jesty's principal counsellors in causes of estate
did use a speech that contained a world of mat-
ter ; but how I shall be able to make a globe of
that world, therein I fear mine own strength.
His lordship took the occasion of this, which
I shall now report, upon the answer which was
by us made to the amendments propounded upon
the bill of hostile laws; quitting that business
with these few words ; that he would discharge
our expectation of reply, because their lordships
had no warrant to dispute. Then continuing his
speech, he fell into this other cause, and said ; '
that being now to make answer to a proposition '■
of ours, as we had done to one of theirs, he wished ;
it could be passed over with like brevity. But he '
did foresee his way, that it would prove not only
long, but likewise hard to find, and hard to keep :
this cause being so to be carried, as above all no
wrong be done to the king's sovereignty and
authority: and, in the second place, no misunder*
standing do ensue between the two Houses. And
Vol. II.— 33
therefore that he hoped his words should receive
a benign interpretation ; knowing well that pur-
suit 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 con-
sider of the petition.
First, As it proceeded from the merchants.
Secondly, As from them it was offered to the
Lower House.
And, thirdly, As from the Lower House it was
recommended to the Higher House.
In the first of these considerations there fell
out naturally a subdivision into the persons of the
petitioners, and the matter and parts of the peti-
tion. In the persons of the merchants his lord-
ship made, as I have collected them in number,
eight observations, whereof the three first respect-
ed the general condition of merchants ; and the
five following were applied to the particular cir-
cumstances of the merchants now complaining.
His lordship's first general observation was,
that merchants were of two sorts ; the one sought
their fortunes, as the verse saith, " per saxa, per
ignes ;" and, as it is said in the same place, " ex-
tremos currit mercator ad Jndos;" subjecting
themselves to weather and tempest ; to absence,
R 198
194
A REPORT OF THE SPANISH GRIEVANCES.
and, as it were, exile, oat of their native conn-
tries ; 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 informa-
tion ; 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-
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
expostulatory letters touching the same. Where-
upon some counsellors, well acquainted with the
like heats, and forwardness in complaints, happen-
ed to say to him out of conjecture, and not out of
any intelligence, " What will you say if your ship,
which you complain to be under arrest, be now
under sail in way homewards 1" 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 lord-
ship made was this, in effect ; that although he
granted that the wealth and welfare of the mer-
chant was not without a sympathy with the gene-
ral stock and state of a nation, especially an is-
land ; yet, nevertheless, it was a thing too familiar
with the merchant, to make the case of his parti-
cular 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 ac-
knowledge that their grievances were great, that
they did multiply, and that they do deserve com-
passion and help : but yet, nevertheless, that he
must use that loving plainness to them as to tell
them thai 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 inconve-
niences, and commit many errors, but in the pur-
suits 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 sentinel, and
become merchants* factors, and solicitors, their
causes can hardly prosper. And, which it more,
such is now the confusion in the trade, as shop-
keepers and handicraftsmen 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 im-
probability that the wrongs should be so great,
considering trading into those parts was never
greater ; whereas, if the wrongs and griefs were
so intolerable and continual, as they propound
them and voiced them, it would work rather a
general discouragement and coldness of trade in
fact, than an earnest and hot complaint in words.
Thirdly, His lordship did observe, that it is a
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 da-
mages 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 nowise de-
pend upon such petty forfeitures, no more than in
common assurance between man and man it were
fit that, upon every breach of covenants, there
should be limited a re-entry.
Fourthly, His lordship did observe, in the
manner of preferring their petition, they had in-
verted 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 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 observa-
tions, part general, part special, which hia lord-
ship made touching the persons of those which
exhibited the petition, and the circumstances of
the tame.
A REPORT OF THE SPANISH GRIEVANCES.
195
For the matter of the petition itself, his lord-
•hip 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 ine-
quality of laws which do regulate the trade.
And, thirdly, The remedy desired by letters of
mart.
The wrongs in fact receive a local distribution
of three. In the trade to Spain, in the trade to
the West Indies, and in the trade to the Levant.
Concerning the trade to Spain; although his
lordship did use much signification of compassion
of the injuries which the merchants received ; and
attributed so much to their profession and estate,
as from such a mouth in such a presence they
ought to receive for a great deal of honour and
comfort, which kind of demonstration he did
interlace throughout his whole speech, as pro-
ceeding "ex abundantia cordis,1' yet, neverthe-
less, he did remember four excusations, or rather
extenuations of those wrongs.
The first was, that the injustices complained of
were not in the highest degree, because they were
delays and hard proceedings, and not inique 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 difference "secundum majus et
minus."
Secondly, His lordship ascribed these delays,
not so much to malice or alienation of mind to-
wards 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 diversi-
ties 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,
44 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 account, that though the fire of enmity be out
between Spain and us, yet it vapoureth : the
utter extincting whereof must be the work of
time.
But, lastly, his lordship did fall upon that ex-
tenuation, which of all the rest was most forcible ;
which was, that many of these wrongs were not
sustained without some aspersion of the mer-
chants' 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 we 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 Eng-
lish. And the reason is, because even those
manufactures, although the materials come from
other places, do yield unto them a profit and sus-
tentation, 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 commodi-
ties of these natures, and so draw upon themselves
these arrests and troubles.
For the trade to the Indies, his lordship did
discover unto us the state of it to be thus: the
policy of Spain doth keep that treasury of theirs
under such lock and key, as both confederates,
yea, and subjects, are excluded of trade into those
countries; insomuch as the French king, who
hath reason to stand upon equal terms with Spain,
yet, nevertheless, is by express capitulation debar-
red. 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 kcepeth this golden fleece ; yet, nevertheless,
such was his majesty's magnanimity in the
debate and conclusion of the last treaty, as he
would never condescend to any article, importing
the exclusion of his subjects from that trade : as
a prince that would not acknowledge that any
such right could grow to the crown of Spain by
the donative of the pope, whose authority he dis-
claimeth ; or by the title of a dispersed and
punctual occupation of certain territories in the
name of the rest; but stood firm to reserve that
point in full question to farther times and occa-
sions ; so as it is left by the treaty in suspense,
neither debarred nor permitted: the tenderness
and point of honour whereof was such, as they
that went thither must run their own peril. Nay,
farther, his lordship affirmed, that if yet at this
time his majesty would descend to a course of
entreaty for the release of the arrests in those
parts, and so confess an exclusion, and quit the
point of honour, his majesty might have them
forthwith released. And yet his lordship added,
that the offences and scandals of some had made
this point worse than it was, in regard that this
very last voyage to Virginia, intended for trade
and plantation, where the Spaniard hath no pec-
IM
A REPORT OF THE SPANISH GRIEVANCES.
pie nor possession, is already become infamea for j
piracy. Witness Bingley, who first insinuating j
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 it 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 merchants9
instance drawn to a 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
residing at Constantinople, who entered into a
scandalous expostulation with his majesty's am-
bassador there, upon that and the like transporta-
tions of munition to the Turk, yet nevertheless
there is an answer given, by letters from the
king's ambassador lieger in Spain, that there
•hall be some course taken to give reasonable
contentment in that cause, as far as may be : in
both which ships, to speak truly, the greatest
mass of loss may be included ; for the rest are
mean, in respect of the value of those two vessels.
And thus much his lordship's speech compre-
hended 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
grave this answer. That they were no new sta-
tutes 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. W hereunto his
lordship added, That our own laws here in Eng-
land 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 ad-
miralty 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 na-
tion ; that he had written his letters to all corre-
gidors, 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 showed, than any other.
Which words, howsoever the effects prove, an
not suddenly to be requited with peremptory re-
solutions, till time declare the direct issue.
For the third part of the matter of the petition,
which was the remedy sought by letters of mart,
his lordship seemed desirous to make us capable
of the inconvenience of that which was desired,
by setting before us two notable exceptions there-
unto : the one, that the remedy was utterly in-
competent and vain ; the other, that it was dan-
gerous 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 default of restitution to be-
made upon such letters served, then to obtain of
the chancellor letters of mart or reprisal : which
circuit of remedy promised nothing but endless
and fruitless delay, in regard that the first degree
prescribed was never likely to be effected: it
being so wild a chase, as to serve process upon the
wrongdoer in foreign parts. Wherefore his lord-
ship 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 certi-
ficates, attestations, and other means of informa-
tion; 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
directed our considerations to take notice of the
proportions 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, consider-
ing the petition as it was offered in this House.
Wherein his lordship, after an affectionate com-
memoration of the gravity, capacity, and duty,
which he generally found in the proceedings of
this House, desired us nevertheless to consider with
him, how it was possible that the entertaining
petitions concerning private injuries, and of this
nature, could avoid these three inconveniences;
A REPORT OF THE SPANISH GRIEVANCES.
107
le first, of injustice ; the second, of derogation
out his majesty's supreme and absolute power
r concluding war or peace; and the third, of
Mne prejudice in reason of estate.
For injustice, it is plain, and cannot be denied,
sat we hear but the one part: whereas the rule,
Audi alteram partem," is not of the formality,
at of the essence of justice : which is therefore
gored with both eyes shut, and both ears open ;
•cause she should hear both sides, and respect
either. So that if we should hap to give a right
■dgment, it might be"justum," but not "juste,"
rithout hearing both parties.
For the point of derogation, his lordship said,
e knew well we were no less ready to acknow-
sdge than himself, that the crown of England
ras ever invested, amongst other prerogatives
ot disputable, of an absolute determination and
ower of concluding and making war and peace :
rhich that it was no new dotation, but of an
neient foundation in the crown, he would recite
into us a number of precedents in the reigns '
£ several kings, and chiefly of those kings which j
ome nearest his majesty's own worthiness ;
rnerein he said, that he would not put his credit
ipon ciphers and dates ; because it was easy to
sistake the year of a reign, or number of a roll,
iot he would avouch them in substance to be
isrfect and true as they are taken out of the
eeords. By which precedents it will appear,
hat petitions made in parliament to kings of this
ealm, his majesty's progenitors, intermeddling
rith matter of war or peace, or inducement there-
into, receive small allowance or success, but
rere always put off with dilatory answers; some-
tmes referring the matter to their council, some-
imes to their letters, sometimes to their farther
ileasure and advice, and such other forms; ex-
Hessing plainly, that the kings meant to reserve
natter of that nature entirely to their own power
md pleasure.
In the eighteenth year of King Edward I., com-
plaint was made by the Commons, against the
rabjects of the Earl of Flanders, with petition of
redress. The king's answer was, "Rex nihil
diud potest, quaro eodem modo petere ;" that is,
rhat 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
sis reason of a count of Flanders by a war ; and
ret his answer was, "Nihil aliud potest;" as
fiving them to understand, that the entering
into a war was a matter transcendent, that must
not depend upon such controversies.
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 king9* answer was, That for that which con-
cerned the moneys, they might handle it and ex-
amine 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
Easterlings was not upon equal terms, which is
one of the points insisted upon in the present
petition, and prayed an alteration and red u cement.
.The king's answer was, It shall be so as occasion
shall require.
In the fiftieth year of the same king, the Com-
mons petitioned to the king for remedy against
the subjects of Spain, as they now do. The
king's answer was, That he would write his
letter for remedy. Here is letters of request, no
letters of mart : " Nihil potest nisi eodem modo
petere."
In the same year, the merchants of York peti-
tioned in parliament against the Hollanders, and
desired their ships might be stayed both in Eng-
land 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
merchants of the sea-coast did complain of divers
spoils upon their ships and goods by the Spa-
niard. 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
likewise flowers of the crown ; the one, touching
the king's supremacy ecclesiastical, the other,
touching the order of weights and measures. The
former of them was in the time of King Richard II.,
at what time the Commons complained against
certain encroachments and usurpations of the pope :
and the king's answer was, "The king hath given
order to his council to treat with the bishops
thereof." The other was in the 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 cognisance
and decision. But for the matter of war and
peace, as appears in all the former precedents,
aS
108
A REPORT OF THE SPANISH GRIEVANCES.
the kings ever kept it in "scrinio pectoris,"
in the shrines of their own breast, assisted and
advised by their council of estate.
Inasmuch as his lordship did conclude his
enumeration of precedents with a notable prece-
dent 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, excused themselves, and
answered, " The Commons will not presume to
treat of so high a charge.1* Out of all which pre-
cedents 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 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 parlia-
ment, he doubted not, but that the wisdom of this
House did conceive upon what secret considera-
tions and motives that point did depend. For that
there is no king which will providently and ma-
turely enter into a war, but will first balance his
own forces ; seek to anticipate confederacies and
alliances, revoke his merchants, find an opportu-
nity of the first breach, and many other points,
which, if they once do but take wind, will prove
vain and frustrate. And, therefore, that this
matter, which is "arcanum imperii,'9 one of the
highest mysteries of estate, must be suffered to be
kept within the veil : his lordship adding, that
he knew not well whether, in that which he had
already said out of an extreme desire to give us
satisfaction, he had not communicated more 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 peo-
ple ; 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 sup-
port it than to persuade it
Now, Mr. Speaker, for the last part wherein
his lordship considered the petition, as it was re-
commended from us to the Upper House; his
lordship delivered thus much from their lord-
ships; 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 j
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 declaration
might be of good use for his majesty's service* ]
; when it should be blown abroad ; rather, I sty,
; than that we did in any sort determine by this
1 their overture, to do that wrong to his highness1!
supreme power, which haply might be inferred by
! those that were rather apt to make evil than good
\ illations of oar 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 concluded, that it would not be amiss
for us, for our better contentment, to behold the
conditions of the last peace with Spain, which
were of a strange nature to him that duly observes
them ; no forces recalled out of the Low Coun-
tries ; 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 ia
war: and then to think thus with ourselves, that
that king, which would give no ground in making
his peace, will not lose any ground, upon just
provocation, to enter into an honourable war. And
that in the mean time we should know thus much,
that there could not be more forcible negotiation
on the king's part, but blows, to procure remedy
of those wrongs ; nor more fair promises on the
King of Spain's part, to give contentment con-
cerning 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 judge-
ment, are extraordinary lights to this House ; and
have both the properties of light, that is, conduct-
ing, and comforting. And although, Mr. Speaker,
a man would have thought nothing had been left
to be 8 a id, yet I shall now give you account of
another speech, full of excellent matter and orna-
ments, and without iteration: which, neverthe-
less, I shall report more compendiously, because
I will not offer the speech that wrong, as to report
it at large, when your minds percase and atten-
tions are already wearied.
The other earl, who usually doth bear a princi-
pal 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 be-
lief, than in intention and desire : for it might be
their lordships did not believe the information so
far, but yet desired the reformation as much.
His lordship said 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 con-
voys of our supplies, the vents of our abundance,
Neptune's almsmen, and fortune's adventurers.
His lordship proceeded and said, this question
was new to us, but ancient to them ; assuring us,
that the king did not bear in vain the device of
the thistle, with the word, " Nemo me lacesstt
impune ;" and that us the multiplying of bis king-
A SPEECH CONCERNING WAR WITH SPAIN.
190
doms maketh him feel bis own power; so the
multiplying of our loves and affections made him
to feel our griefs.
For the arguments or reasons, they were fire in
number, which his lordship used for satisfying us
why their lordships might not concur with us in
this petition. The first was the composition of our
House, which he took in the first foundation
thereof to be merely democratical, consisting of
knights of shires and burgesses of towns, and in-
tended 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 circum-
stances; and therefore added to the precedent
formerly vouched, of the seventeenth of King
Richard IT., when the Commons disclaimed to in-
termeddle in matter of war and peace ; that their
answer was, that they would not presume to treat
of so high and variable a matter. And although
his lordship acknowledged that there be divers
gentlemen, in the mixture of our House that are
of good capacity and insight in matters of estate ;
yet that was the accident of the person, and not
the intention of the place ; and things were to be
taken in the institution, not in the practice.
His lordship's second reason was, that both by
philosophy and civil law, " ordinatio belli etpacis
est absoluti imperii,'* a principal flower of the
crown; which flowers ought to be so dear unto
os, 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
EM ward III., who would not hearken to the peti-
tion of his Commons, that besought him to make
the Black Prince Prince of Wales : but yet, after
that repulse of their petition, out of his own mere
motion he created him.
His lordship's fourth reason was, that it might
be some scandal to step between the king and his
own virtue ; and that it was the duty of subjects
rather to take honours from king's servants and
give them to kings, 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 Kabbah, and find-
ing it could not hold out, writ to David to come
and take the honour of taking the town.
His lordship's last reason was, that it 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
That ye conceive there will be little difference
in opinion, but that all will advise the king not
to entertain further a treaty, wherein he hath been
so manifestly 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 palatinate by treaty, and so the business fall-
en 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 ; suffi-
cient 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.
But further, that the war well considered is not
for the palatinate only, but for England and
Scotland ; for if we stay till the Low Country-
men be ruined, and the party of the Papists within
A SPEECH CONCERNING WAR WITH SPAIN.
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 them-
selves 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 blood, or Christ's blood be
dear unto us, the quarrel is just, and to be em-
braced.
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
Goliath 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
age, take it for 100 years, there was ever any en-
counter between Spanish and English of import-
ance, 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 them-
selves most upon their stirrups, 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 SirWal ter
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 scat-
tered 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
as 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, whom we thought to replace in his king-
dom, found no party at all, yet it was a true trial
of the gentleness of Spain, which suffered as to
go and come without any dispute. And for the
l latter, of Cales, it ended in victory ; we ravished
j 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 de-
manded reasons for our doings. You ought not
to forgot the battle of Kinsale in Ireland, what
time the Spanish forces were joined with the
Irish, good soldiers as themselves, or better, and
exceeded us far in number, and yet they were soon
defeated, and their general D'Avila taken pri-
soner, and that war by that battle quenched and
ended.
And it is worthy to be noted how much oar
power in those days was inferior to our present
state. Then, a lady old, and owner only of Enf.
land, entangled with the revolt of Ireland, and her
confederates of Holland much weaker, and in no
conjuncture. Now, a famous king, and strength*
ened 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 Countries, Denmark, divers of the princes
of Germany, and others. As for the comparison
of Spain as it was then, and as it is now, yoa
will for good respects forbear to speak ; only yoa
will say this, that Spain 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, con-
trary 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 rendered: 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 Emperor Charles, after he had Germany al-
most in his fist, was forced in the end to go from
lsburgh, as it were in a mask by torch-light, and
to quit every foot of his new acquests in Ger-
many, which you hope likewise will be the here-
ditary issue of this late purchase of the Palati-
nate. And thus much for experience.
For reason : it hath many branches ; you will
but extract a few first. It is a nation thin sows
of men, partly by reason of the sterility of their
soil, and partly because their natives an exhaast
OP A WAR WITH SPAIN.
Ml
by so many employments in such vast territories
at 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 al-
though 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 look-
ing to see whether the treasure had any root, so
that, if that were spent, it would grow again ; as
bis 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 mili-
tary 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
consisteth chiefly in their treasure, and their trea-
sure 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, and the opinions
of all men, enemies or whosoever ; whether that
the maritime forces of Britain and the Low Coun-
tries are not able to beat them at sea. For if that
be, you see the chain is broken from shipping to
ladies, 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 supplies and provisions at the
first, the war in continuance will find itself.
That you do but point at this, and will not en-
large 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 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
Orrau8, now, with Persia ; for Valencia, with the
Moors expulsed and their confederates ; 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 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 balancing of their forces.
For the last point, which is the choice of the
designs and enterprises, in which to conduct the
war ; you will not now speak, because you should
be forced to descend to divers particulars, where-
of 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 , givi ng 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 A WAR WITH SPAIN.
INSCRIBED TO PRINCE CHARLES,
ANNO MDCXZIV.
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 1 But to lay
aside all that may seem to have a show of fumes
if the king shall enter into it, is a mighty work :
it requireth strong materials, and active motions.
He that saith not so, is aealous, but not according
to knowledge. But, nevertheless, Spain is no such
giant, and he that thinketh Spain to be some
and fanoiss, siid to speak sohds: a war with Spain, great overmatch for this estate, assisted as it is,
Vol. II— 06
908
OF A WAR WITH SPAIN.
and may be, it 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 affaire, yet, because it is a new
case, and concemeth my country infinitely, I ob-
tained of myself to set down, out of long con-
tinued experience in business of estate, and much
conversation in books of policy and history, what
I thought pertinent to this business ; and in all
humbleness present it to your highness : 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 quar-
rel; 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 wars defensive
for religion, T speak not of rebellion, are most
just : though offensive wars for religion are sel-
dom 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 bot-
toms 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 Bohe-
mia; which if it be freed from doubt on our part,
then there is no colour nor shadow why the Pala-
tinate 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 privi-
leges 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 it impossible to
elective monarchy should be so free and absolute
as an hereditary ; 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 ob-
ligatio fortior civili." And again, that received
maxim is almost unshaken and infallible ; " Nil
magis natures consentaneum est, quam ut iisdem
modis res dissolvantur, quibus constituuntor."
So that if the part of the people or estate be some-
what in the election, you cannot make them nulls
or ciphers in the privation or translation. And if
it be said, that this is a dangerous 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 ; " pleni-
tudo 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
For as in capital causes, wherein but one man's
life is in question, " in favorem vita?" the evidence
ought to be clear; so much more in a judg-
ment 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 re-
solved ; if it be made not enwrapped, but plainly
and perspicuously. It is this " in thesi." An offen-
sive war is made, which is unjust in the aggres-
sor ; 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 Phcebidas the Lacede-
monian, insidiously, and in violation of league :
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 war upon the Venetians with such a tem-
pest, as Padua and Trevigri were taken from them,
and all theirdominionsupon 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 gentle-
OF A WAR WITH SPAIN.
203
men of Venice, unused to the wars, out of the
lore of their country, became brave and martial
the first day, and so likewise the re-adeption of
Trevigi, and the rest of their dominions, was mat-
ter of scruple, whether just or no, because it had
source from a quarrel ill begun 1 The war of the
Duke of Urbio, nephew to Pope Julius the Second,
when he made himself head of the Spanish muti-
neers, was as unjust as unjust might be; a sup-
port of desperate rebel 8 ; an invasion 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 over the
pursuit of his right for Urbin ; which, after, he
prosperously re-obtained, and hath transmitted to
his family yet until this day. Nothing more un-
just 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, after-
wards, was unjust 1 There be thousands of ex-
amples; "utor in re non dubia exemplis non
necessariis :" the reason is plain ; wars are " vin-
dicte," revenges, reparations. But revenges are
not infinite, but according 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 separate 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, because the possession of Bohemia is settled
with the emperor. For though it be true, that
44 non datur compensatio injuriarum;" yet were
there somewhat more colour to detain the Palati-
nate, 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 for-
feiture, wherein the 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 Ger-
many, Italy, and other parts, if imperial forfeit-
ures should go for good titles.
Thus much for the first ground of war with
Spain, being in the nature of a plaint for the re-
covery of the Palatinate : omitting here that which
might be the seed of a larger discourse, and is
verified by a number of examples ; that whatso-
ever 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 6mall
glasses : we see, I say, that all pretorian courts,
if any of the parties be entertained or laid asleep,
under pretence of arbitrament 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 u in statu
quo priu 8," 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 ujus
feciale," and all examples, and it will be found
to be without scruple, that after a legation " ad res
repetendas," and a refusal, and 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, with-
out 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 metu8 qui cadit in constantem virum" in
private causes : so there is *4 Justus metus qui
cadit in constantem senatum, in causa publica;"
not out of umbrages, light jealousies, apprehen-
sions afar off, but out of clear foresight of immi-
nent danger.
Concerning the former proposition, it is good
to hear what time saith. Thucydides, in his
inducement to his story of the great war of
Peloponnesus, sets down in plain terms, that the
true cause of that war was the overgrowing great-
ness of the Athenians, and the fear that the
Lacedaemonians stood in thereby ; and doth not
doubt to call it, a necessity imposed upon the
Lacedemonians of a war; which are the words
of a men* defensive : adding that the other causes
were but specious and popular. "Verissimam
quidem, sed minime sermone celebratam, arbitror
extitisse belli causam, Athenienses, magnoseffec-
tos et Lacedemoniis formidolosos, necessitatem
ill is imposuisse bellandi: quae autem propalam
ferebantur utrinque cause, iste fuerant, &c."
44 The truest cause of this war, though least voiced,
I conceive to have been this ; that the Athenians,
$04
OP A, WAR WITH SPAIN.
being" grown groat, to the terror of the Lacede-
monians, did impose upon them a necessity of a
war : but the causes that went abroad in speech
were these, &c." Sulpitias 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, un-
derstood not the state of the question. " Ignorare
videraini mini, Quirites, non, utrum bellum an
pacem habeatis, ?os consuli, neque enim liberum
id vobis permittet Philippus, qui terra marique
ingens bellum molitur, sed utrum in Macedoniam
legiones transporters, an hostem in Italiam
recipiatis." " Ye seem to me, ye Romans, not to
understand, that the consultation 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, 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 Romanos ad
omnia regna tollenda, ut nullum usquam orbis
terrarum nisi Romanum imperium esset; Philip-
pum 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 a 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 contempla-
tion 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 sufficient 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
tor the propagation of their law; so that there
lieth upon the Christians a perpetual fear of a
war, hanging over their heads, from them ; and
therefore they may at all 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 barbari 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 writ."
" As country fellows use to do when they play at
wasters, such a kind of war do yon, 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 despe-
rately 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 thos
much that may have a civil construction ; namely,
that every state ought to stand upon its guard, and
rather prevent than be prevented. His words are,
" Quam rem fere vocant pacem, nudum et inane
nomen est; revera autem omnibus, ad versus om-
nes civitates, bellum sempiternum perdurat"
" That which men for the most part call peace, is
but a naked and empty 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 be, 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 yesterday, how that triumvirate
of kings, Henry the Eighth of England, Francis
OP A WAR WITH SPAIN.
9ft*
the First of France, and Charles the Fifth, emperor
and King of Spain, were in their times so provi-
dent, 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, where-
with Guicciardine beginneth his story, and maketh
it, as it were, the calendar of the good days of
Italy, which was contracted between Ferdinand o,
King of Naples, Lorenzo of Medici, Potentate of
Florence, and Lodovico Sforza, Duke of Milan,
designed 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 ; howso-
ever 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 Prometheus, and not of Epime-
theus, 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 detected to aspire to
monarchy and new acquest; then other states,
assuredly, cannot be justly accused for not staying
for the first blow; or for not accepting Poly-
phemus'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 per-
suasion he moved him to a war upon Flanders, for
theftetter extinguishment of the civil wars of
FraHe; but neither was that counsel prosperous;
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. Augus-
tine : " Nocendi cupiditas, ulciscendi crudelitas,
implaeatns et implacabilis animus, feritas rebel-
landi, libido dominandi, et si qua; sunt similia,
haec sunt quae in bellis jure culpantur." And the
same St. Thomas in his own text, defining of the
just causes of a war, doth leave it upon very
general terms: " Requiritur ad bellum causa jus ta,
ut scilicet illi, qui impugnantur, propter aliquam
culpam impugnationem mereanter:" for "impug-
natio culpe" is a far more general word than " ultio
injuria." 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 repre-
sented 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 mode-
rately, and briefly. Neither will 1 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 1 I speak
not of matches or unions, but of arms, occupa-
tions, invasions. Granada, Naples, Milan, Por-
tugal, 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 a hovering possession of
the Valtoline, as a 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 por-
tions 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 pur-
chases, 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 dis-
position and eye of appetite which they have had
towards us : they have now twice sought to im-
patronize 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
8
toe OF A WAR WITH SPAIN.
and design of Spain was by many advertisements And they bragged, that they doubted not to abase
revealed and laid open to be, that they found the and lay asleep the queen and council of England,
war upon the Low Countries so churlish and as to have any fear of the party of Papists here;
longsome, as they grew then to a resolution, that ■ for that they knew, they said, the state would bat
as long as England stood in a state to succour cast the eye and look about to see whether there
those countries, they should but consume them-
selves in an endless war : and therefore there was
no other way but to assail and depress England,
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
which was as a back of steel to the Flemings, no apprehension: whereas they meant, they said,
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 out-
work, and wc shall remain naked and dismantled :
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 turn it upon Ireland or England : like unto
rheums and defiuxions, which, if you apply a
strong rcpurcussive to the place affected, and do
not take away the cause of the disease, will shift
to take a course to deal with the people, and par-
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 seminaries 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
and fall straightways to another joint or place. * favours, to thank them for their peril sand miseries,
They have also twice invaded Ireland ; once under ; if they should fall upon them : for that nothing
the pope's banner, when they were defeated by \ ever made their case so ill as the doubt of the
the Lord Gray : and after in their own name,
when they were defeated by the Lord Mountjoy.
So as let this suffice for a taste of their disposition
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,
towards us. But it will he said, this is an alma- ' in some sort, to return again at this time; except
nack for the old year; since 88 all hath been the clemency of his majesty, and the state, do
well ; Spain hath not assailed this kingdom, how- ' superabound ; as, for my part, I do wish it should;
soever by two several invasions from us mightily ; and that the proceedings towards them may rather
provoked. It is true : but then consider, that j tend to security, and providence, and point of
immediately after 88, they were embroiled for a state, than to persecution for religion. But to
great time in the protection of the league of conclude; these things briefly touched, may serve
France, whereby they had their hands full ; after as in a subject conjectural and future, for to repre-
being brought extreme low by their vast and con- sent how just cause of fear this kingdom may
tinual embracements, they were enforced to be have towards Spain : omitting, as I said before,
quiet that they might take breath, and do repara- all present and more secret occurrences,
tions upon their former wastes. But now of late, The third ground of a war with Spain, I have
things seem to come apace to their former estate ; set down to be, a just fear of tfie subversion of
nay, with far greater disadvantage to us ; for now our church and religion : which needeth little
that they have almost continued, and, as it were, speech. For if this war be a defensive, as I have
arched their dominions from Milan, by the Valto- proved it to be, no man will doubt, that a defen-
line, and Palatinate, to the Low Countries, we sive war against a foreigner for religion is lawful,
see how they thirst and pant after the utter ruin Of an offensive war there is more dispute. And
of those states ; having in contempt almost the yet in that instance of the war for the Holy Land
German nation, and doubting little opposition, and sepulchre, I do wonder sometimes, that the
except it come from England : whereby either we schoolmen want words to defend that which St.
must suffer the Dutch to be ruined, to our own Bernard wanted words to commend. But I, that
manifest prejudice; or put it upon the hazard I in this little extract of a treatise do omit things
spake of before, that Spain will cast at the fairest, necessary, am not to handle things unneceMry.
Neither is the point of internal danger, which No man, I say, will doubt, but if the popi, or
groweth upon us, to be forgotten; this, that the King of Spain, would demand of us to forsake our
party of the Papists in England are become more j religion upon pain of a war, it were as unjust a
knotted, both in dependence towards Spain and : demand, as the Persians made to the Grecians of
amongst themselves, than they have been. Where- land and water; or the Ammonites to the Israel-
in again comes to be remembered the case of 88 : ites of their right eyes. And we see all the
for then also it appeared by divers secret letters, that ; heathen did style their defensive wars, "pro iris
the design of Spain was, for some years, before the et focis ;" placing their altars before their hearths,
invasion attempted, to prepare a party in this king- So that it is in vain of this to speak farther. Only
dom to adhere to the foreigner at his coming, this is true; that the fear of the subversion of our
OP A WAR WITH SPAIN.
207
religion from Spain is the more just, for that all
other Catholic princes and states content and con-
tain 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 conditions of treaty, to inter-
meddle with foreign states, and to declare them-
selves 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 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 show 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 1 have already
spoken ; of the other I am now to speak. I said, '
8pain was no such 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 i
in a human and politic sense, I am led to think
that Spain is no overmatch for England, by that
which leadeth all men; that is, experience and
reason. And with experience I will begin, for
there all reason beginneth.
Is it fortune, shall we think, that, in all actions
of war or arms, great and small, which have hap-
^pened 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, 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 disparage the
Spanish nation, whom I take to be of the best sol-
diers 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 Aus-
tria, 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 re-
pulsed, and forced to a retreat, with great slaugh-
ter 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
Scottish troops, under the conduct of Sir John
Norris and Sir Robert Stuart, colonels: which
troops came to the army but the day before, ha-
rassed 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 gene-
rally 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 chastise Don John
for his insidious treaty of peace, wherewith he
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 ser-
vice of the English and Scottish, by comparison
of this charge near Rimenant, where the English
and Scottish in great numbers came in action, with
the like charge given by Don John half a year
before at Glembl ours, where the success was con-
trary : there being at that time in the army but a
handful of English and Scottish, and they put n
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
trouble the council of England, and to make a
division of certain aids, that then were preparing
from hence for tho 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 wood 8 and fastnesses, 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;
808 OF A WAR WITH SPAIN.
venturously indeed ; but haste was made to attack j incursion upon their havens and roads, from Cadii
them before the rebels came in to them. After the to Capa Sacra, and thence to Cascais ; and to fire,
siege of four iluys only, and two or three sallies, < sink, and carry away at the least, ten thousand ton
with loss on their part, they that should have j of their great shipping, besides fifty or sixty of
made good the fort for some months, till new , their smaller vessels ; and that in the sight, and
succours came from Spain, or at least from the under the favour of their forts; and almost under
rebels of Ireland, yielded up themselves without ' the eye of their great admiral, the best commander
conditions at the end of those four days. And for of Spain by sea, the Marquis de Santa Crux,
that they were not in the English army enough to ; without ever being disputed with by any fight of
keep every man a prisoner, and for that also the j importance. I remember Drake, in the vaunting
deputy expected instantly to be assailed by the style of a soldier, would call this enterprise, the
rebels; and, again, there were no barks to throw : singing of the King of Spain's beard,
them into, and send them away by sea : they The enterprise of eighty-eight, deserveth to
were all put to the sword ; with which Queen be stood upon a little more fully, being a miracle
Elizabeth was afterwards much displeased. of time. There armed from Spain, in the year
In the year 1582, was that memorable retreat j 1588, the greatest navy that ever swam upon the
of Gaunt; than the which there hath not been an sea: for though there have been far greater fleets
exploit of war more celebrated. For in the true for number, yet for the bulk and building of the
judgment of men of war, honourable retreats are ships, with the furniture of great ordnance and
no ways inferior to brave charges ; as having less provisions, never the like. The design was to
of fortune, more of discipline, and as much of make, not an invasion only, but an utter conquest
valour. There were to the number of three hun- of this kingdom. The number of vessels were
dred horse, and as many thousand foot English, ! one hundred and thirty, whereof galliasses and
commanded by Sir John Norris, charged by the galleons seventy-two goodly ships, like floating
Prince of Parma, coming upon them with seven towers or castles, manned with thirty thousand
thousand horse ; besides that the whole army of soldiers and marines. This navy was the prepa-
Spaniards was ready to march on. Nevertheless, ration of five whole years, at the least: it bare
Sir John Norris maintained a retreat without dis- : itself also upon divine assistance; for it received
array, by the space of some miles, part of the way special blessing from Pope Sixtus, and was as-
champaign, unto the city of Gaunt, with less loss signed as an apostolical mission for the reduce-
of men than the enemy : the Duke of Anjou, and ment of this kingdom to the obedience of the see
the Prince of Orange, beholding this noble action j of Rome. And, in farther token of this holy war-
from the walls of Gaunt, as in a theatre, with fare, there were amongst the rest of these ships,
great admiration. ' twelve, called by the names of the twelve apostles.
In the year 1585, followed the prosperous expe- But it was truly conceived, that this kingdom of
dition of Drake and Carlile into the West Indies, ' England could never be overwhelmed, except the
in the which I set aside the taking of St. Jago land waters came in to the sea tides. Therefore
and St. Domingo in Hispaniola, as surprises was there also in readiness in Flanders, a mighty
rather than encounters. But that of Carthagena, strong army of land forces, to the number of fifty
where the Spaniards had warning of our coming, thousand veteran soldiers, under the conduct of
and had put themselves in their full strength, was the Duke of Parma, the best commander, next the
one of the hottest services, and most dangerous : French king, Henry the Fourth, of his time,
assaults that hath been known. For the access j These were designed to join with the forces at sea;
to the town was only by a neck of land, between ' there being prepared a number of flat-bottomed
the sea on the one part, and the harbour water or boats to transport the land forces, under the wing
inner sea on the other ; fortified clean over with a and protection of the great navy. For they made
strong rampier and barricado; so as upon the no account, but that the navy should be absolute
ascent of our men, they had both great ordnance j master of the seas. Against these forces, there
and small shot, that thundered and showered upon | were prepared on our part, to the number of near
them from the rampier in front, and from the gal- ' one hundred ships ; not so great of bulk, indeed,
leys that lay at sea in flank. And yet they forced but of a more nimble motion, and more service-
the passage, and won the town, being likewise able : besides a less fleet of thirty ships, for the
very well manned. As for the expedition of Sir custody of the narrow seas. There were also in
Francis Drake, in the year 1587, for the destroy- readiness at land two armies ; besides other forces,
ing of the Spanish shipping and provision upon to the number of ten thousand, dispersed amongst
their own coast; as I cannot say that there inter- ' the coast towns in the southern parts. The two
vened in that enterprise any sharp fight or en- armies were appointed; one of them consisting
counter; so, nevertheless, it did strangely dis- of twenty-five thousand horse and foot, for the
cover, either that Spain is very weak at home, or repulsing of the enemy at their landing; and the
very slow to move ; when they suffered a small other of twenty-five thousand for safeguard and
fleet of English to make a hostile invasion or attendance about the court and the queen's person.
OP A WAR WITH SPAIN.
209
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 enterprise 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
towards the coast of Spain to have fought with
the Spanish navy ; and partly by reason of con-
trary 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 ad-
vertisement, 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 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 towards 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, declined the fight, cast-
ing themselves continually into roundels, their
strongest ships walling in the rest, and in that
manner, they made a flying march towards Calais.
Our men by the space of five or six days followed
them close, fought with them continually, 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 our-
selves in the mean time receiving little or no hurt.
Near Calais the Spaniards anchored, expecting
their land forces, which came not. It was after-
wards alleged, that the Duke of Parma did arti-
ficially delay his coming; but this was but an in-
vention and pretension 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 dis-
reputation, which they and their nation received
by the success of that enterprise. Therefore their
colours and excuses, forsooth, were, that their
Vol. II.— 87
general by sea had a limited commission, not to
fight until the land forces were 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 commission,
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 feudatory, 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 performed 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 battle
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 able to guard and protect the vessels of
transportation; 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, excellently well ap-
pointed; things, 1 say, being in this state, it came
to pass that the Duke of Parma must have flown
if he would have come to 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
stratagem 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 in a 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
s9
810
OF A WAR WITH SPAIN.
into farther terror, and finding also divers of their
ships every day to sink, lost all courage, and
instead of coming up into the Thames1 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 were
fain to give them over for want of powder. The
breath of Scotland the Spaniards could not
endure; neither durst they as invaders land in
Ireland ; but only ennobled some of the coasts
thereof with shipwrecks. And so going north-
wards 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 Invincible 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
tied 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
invaded 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 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 dis-
valuation of the power of the Spaniard upon the
continent, than that, with an army of eleven thou-
sand 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, battered and assaulted another, over-
thrown 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 1 And it was verily
thought, that had it not been for four great dis-
favours 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 sol-
diers9 misrule in diet, the enterprise had succeed-
ed, and Lisbon had been carried. But howsoever
it makes proof to the world, that an invasion of a
few English upon Spain may have just hopes 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 com-
mand 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 Samson,
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 abettors,
looking on afar off. And amongst the fifteen
ships that fought, the great S. Philippo was one;
a ship of fifteen hundred tons, 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 enemj
sunk by her side, besides many more torn and
battered, and great slaughter of men, never came
to be entered, 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, 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
destroyed, and the town of Cadiz taken. The navy
was no less than fifty tall ships, besides twenty
galleys to attend them. The ships were straight-
ways beaten, and put to flight with such terror, as
the Spaniards in the end were their own execu-
tioners, and fired them all with their own hands.
The galleys, by the benefit of the shores and shal-
lows, 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 lest
strange than the sudden victory, is the great
OP A WAR WITH SPAIN.
ail
patience of the Spaniards; who, though we stayed
upon the place divers days, yet never offered us
any play then, nor never 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 t'ie
French wars have been frequent, but in the wars
of Flanders rare, as the nature of a defensive re-
quire th. The forces of both armies were not
much unequal : that of the States exceeded some-
what 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 Scottish
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 disho- [
nourable 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 encounter, 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 den-
susque viro vir." There fell out an error in the
Dutch army, by the overhasty medley of some of
their men with the enemies, which hindered 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 whom Sir Francis Vere, in a private commen-
tary which he wrote of that service, leaveth testi-
fied, that of fifteen hundred in number, for they
were no more, eight hundred were slain in the j
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 Kin-
sale, 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 advantages 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 Kinsale, was
two thousand men, soldiers of old bands, under
the command of Don John d'Aquila, a man of
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 de-
puty, 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 English 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 to-
gether, 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 them-
selves, 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 1 This,
in few words : that after the Irish and Spanish
forces had come on, and showed themselves in
some bravery, they were content 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
919
OP A WAR WITH SPAIN.
not draw them forth again. To conclude : there
succeeded 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 confidently than credibly re-
ported, 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 ac-
corded, 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 Kinsalo; 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 devise, against the Irish land and nation ;
insomuch as d'Aquila said in open treaty, that
when the devil upon the mount did show Christ
all the kingdoms of the earth, and the glory of
them, he did not doubt but the devil left out Ire-
land, 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 Bri-
tanny, and at O 8 tend, and divers others; partly
because some of them have not been proper
encounters between the Spaniards and the Eng-
lish ; and partly because others of them have not
been of that greatness, as to have sorted in com-
pany with the particulars formerly recited. It is
true, that amongst all the late adventures, the
voyage of Sir Francis Drake, and Sir John Haw-
kins into the West Indies, was unfortunate ; yet,
in such sort as it doth not break or interrupt our
prescription, to have had the better of the Spa-
niards upon all fights of late. For the disaster of
that journey was caused chiefly by sickness ; as
might well appear by the deaths of both the gene-
rals, Sir Francis Drake, and Sir John Hawkins, of
the same sickness amongst the rest. The land
enterprise of Panama was an ill measured and
immature 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 prove'd
the strength of their first fort, and had notice of
the two other forts beyond, by which they were
to have marched. It is true, that in the return of
the English fleet they were set upon by Avella-
neda, 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 pre-
tence but to journey homewards : and yet the
Spaniards- did but salute them, about the Capede
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 Avellaneda
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, never-
theless, 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
aforehand 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 gene-
ralities, 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 of this point, I
will not meddle with any personal comparisons
of the princes, counsellors, and commanders 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 show, that even in these
personal 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
government.
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 Scot-
land 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, himself King of Navarre as
well as of France; and that is no ways taken
prisoner, though he he tied in a double chain of
alliance with Spain.
Thirdly, in eighty-eight, there sat in the see of
Rome a fierce thundering friar, that would set all
at six and seven ; or at six and five, if you allude
to his name: and though he would after hare
OP A WAR WITH SPAIN.
218
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 Spaniards : a man bred in ambassages and
affairs of state, that hath much of the prince, and
nothing of the friar; and one, that though he
lores 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
rf 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 appre-
hension only of the spreading and ambitious
designs of that nation : now that fear is sharpened
and pointed by the Spaniards9 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
present, 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,
Spain had no other wars save those of the Low
Countries, which were grown into an ordinary;
now they have had coupled therewith the extraor-
dinary of the Valtoline, and the Palatinate. And
so I conclude 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.*9
Here I would pass over from matter of experi-
ence, were it not that I held it necessary to dis-
cover a wonderful erroneous observation that
walketh about, and is commonly received, con-
trary to all the true account of time and experi-
ence. 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 ren-
dered 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 aban-
doned, when their great Emperor Charles had
clasped Germany almost in his fist, he was
forced, in the end, to go 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, 1 doubt not, will be the hereditary issue
of this late purchase of the Palatinate. 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 expe-
rience, 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, 1 pass it
over; though it be no small point: England,
Scotland, Ireland, and our good confederates, the
United Provinces, 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 dominions 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 confede-
rates. For men, there are to be considered valour
and number. Of valour 1 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 are exhausted by so many employments
in such vast territories as they possess. So that
it hath been accounted a kind of miracle, to sea
ten or twelve thousand 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 St. 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
i forces have scarce any root; or, at least, such a
root as buddeth forth poorly and slowly. It is
i true they have the Walloons, who are tall sol-
diers, 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 peo-
ple, as in England, Scotland, Ireland, and the
*14
OP A WAR WITH SPAIN.
United Provinces: so as if wars should mow
them down never so fast, yet, they may be sud-
denly 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 is a money grower. But in this part,
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 trea-
sure 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, where-
upon their greatness turneth, is soon cut in two
by any that shall be stronger than they by sea.
Herein, therefore, 1 refer myself to the opinions
of all men, enemies, or whomsoever, whether that
the maritime forces of Great Britain, and the
United Provinces, be not able to beat the Spa-
niard at seal For, if that be so, the links of that j
chain whereby they hold their greatness are dis- :
solved. 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 he in state, for trea-
sure, 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 Hercules1 labours by
land, and Jason's voyage by sea for the golden
fleece.
For confederates ; I will not take upon me the
knowledge, how the princes, states, and councils
of Europe, at this day, stand affected towards
Spain ; for that trencheth into the secret occur-
rents of the present time, wherewith, in all this
treatise, I have forborne 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, Na-
varre, Naples, and Milan ; and now freshly in
difference with them about the Valtoline. 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 Six- j
tus the Fifth. As for that great body of Germany,
I see they have greater reason to confederate !
themselves with the Kings of France, and Great
Britain, or Denmark, for the liberty of the Ger-
man nation, and for the expulsion of Spanish and I
foreign forces, than they had in the years 1553
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 Ger-
many, 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 disturbance there,
except it have been from England ; yet, neverthe-
less, I see all princes lay a kind of claim unto
them ; accounting the title of Spain but as a mo-
nopoly of those large countries, wherein they
have in great part but an imaginary possession.
For Afric upon the west, the Moors of Valentia
expulsed, 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 observation, 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 ambition of Spain ; and that of Bava
ria 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 parti-
cular and cunning negotiations : but yet there it
is in the body, and may break out, no man know-
eth when, into ill accidents: and at least it
showeth plainly, that which serveth for our pur-
pose, that Spain is much destitute of assured and
confident confederates. And, therefore, I will
conclude this part with the speech of a counsellor
of state in Spain at this day, which was not with-
out salt : he said to bis 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, and the other is your own ministers."
And thus I end the second main parti 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.*
These be the principal remedies, I could think
of, for extirpating the principal cause of those con-
spiracies, by the breaking the nest of those fugi-
tive traitors, and the filling them full of terror,
despair, jealousy, and revolt. And it is true, I
thought of some other remedies, which, because
* From the orlf taal in Um Lambeth Library.
OF A WAR WITH SPAIN.
215
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 FRAGMENTS OF A DISCOURSE, TOUCHING
INTELLIGENCE, AND THE SAFETY OF THE
QUEEN»S PERSON.*
The first remedy, in my poor opinion, is that
against which, as 1 conceive, least exception can
be taken, as a thing without controversy, honour-
able and politic; and that is reputation of good
intelligence. 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 safeguard
enough. So, likewise, if there be sown an opinion
abroad, that her majesty hath much secret intelli-
gence, and that all is full of spies and false breth-
ren ; 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 prac-
tice bootless, as that which is assured to be dis-
covered. And to this purpose, to speak reverently,
as becoineth me, as I do not doubt but those
honourable counsellors, to whom it doth apper-
♦ From the original in the Lambeth Library.
tain, 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."
The second remedy I deliver with less assu-
rance, as that which is more removed from the
compass of mine understanding : and that is, to
treat and negotiate with the King of Spain, or
Archduke Ernest, f who resides in the place
where these conspiracies are most forged, upon
the point of the law of nations, upon which kind
of points princes* enemies may with honour nego-
tiate, 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 dominions, have con-
spired and practised assassination against her ma-
jesty's person.
• Who died April 6, 1500. After his death the business of
secretary of state appears to be chiefly done by Mr. Robert
Cecil, who was knighted by Queen Elizabeth at Theobald's,
about the beginning of June, 1501, and in August following
sworn of the privy council ; but not actually appointed secre-
tary of state till July 5, 1596. Birch.
t Ernest, Archduke of Austria, son of the Emperor Maxi-
milian II., and governor of the Low Countries, upon which
government he entered in June, 1504 ; but held it only a short
time, dying February 11 /SI following. It was probably in
pursuance of the advice of Mr. Francis Bacon in this paper,
that Queen Elizabeth sent to the Archduke in 1591, to com-
plain 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 Annalts Elii. Rtginrn, p. 635. Edit. Lttf-
duni Bat. 1625. Bisch.
A TRUE REPORT
or
THE DETESTABLE TREASON,
INTENDED BY
DOCTOR RODERIGO LOPEZ,
A PHYSICIAN ATTENDING UPON THE PERSON OF THE QUEEN'S MAJESTY,
WOM UK, FOB A BUM OF MONET, PBOMtSED TO BB PAID RIM BT THB KIKO OF BPAI1I, DID UBDIBTAKB TO MATS DBBTBO'
BY POIBOB ; WITH CBBTAIB CIBCUMBTANCEt, BOTH OF THB PLOTTING AND DETECTING OF TDE SAID TBKABON.
[PENNED DURING THE QUEEN'f LIFE.]
The King of Spain having found, by the
enterprise of 88, the difficulty of an invasion
of England, and having also since that time
embraced the matters of France, being a design
of a more easy nature, and better prepared to his
hand, hath of necessity for a time laid aside the
prosecution of his attempts against this realm, by
open forces, as knowing his means unable to
wield both actions at once, as well that of England
as that of France ; and, therefore, casting at the
fairest, hath, in a manner, bent his whole strength
upon France, making, in the mean time, only a
defensive war upon the Low Countries. But
finding again, that the supports and aids which
her majesty hath continued to the French king,
are a principal impediment and retardation to his
prevailing there according to his ends, he hath,
now of late, by all means, projected to trouble the
w a tor s here, 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 person of great nobility, to
rise in arras and levy war against her majesty ;
which practice was by the same nobleman loyally
and prudently revealed. And, lastly, rather, as it
is to be thought, by the instigation of our traitor-
ous fugitives in foreign parts, and the corrupter
sort of his counsellors and ministers, than of his
own 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 nature, the law of nations,
the honour of arms, the civil law, the rules
of morality and policy ; finally, to be the most
condemned, barbarous, and ferine act that can be
imagined ; yea, supposing the quarrels and hosti-
lity between the princes to be never so declared
and so mortal, yet, were it not that it would be a
very reproach unto the age, that the matter should
be once disputed or called in question, it could
never be defended. And, therefore, I leave it to
the censure which Titus Livius giveth in the like
case upon Perseus, the last King of the Macedons,
afterwards overthrown, taken with his children,
and led in triumph by the Romans ; " Quem non
justum bellum gerere regio animo, sed per omnia
clandestina grassari scelera, latrociniorum ac ve-
neficiorum, cemebant,"
But to proceed : certain it is, that even about
this present time there have been 6uborned and
sent into this realm divers persons, some English,
some Irish, corrupted by money and promises, and
resolved and conjured by priests in confession, to
have executed that most wretched and horrible
! fact; of which number certain have been taken,
and some have suffered, and some are spared
because they have with great sorrow confessed
these attempts, and detested their suborners.
And if I should conjecture what the reason is, why
this cursed enterprise was at this time so hotly,
and with such diligence pursued, I take it to be
chiefly because the matters of France were ripe,
and the King of Spain made himself ready to
unmask himself, and to reap that in France, which
be 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
1 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
216
BEPQftT OF LOPEZ'S TREASON.
917
Paris, it is to be thought that both the worst
affected of the league will submit themselves upon
any tolerable conditions to their natural king,
thus advanced in strength and reputation ; and the
King of Spain will take 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 re-
moved, upon whose person God continue his
extraordinary watch and providence ! here would
be nothing but confusion, which they do not
doubt but, with some no great treasure, and forces
from without, may be nourished till they can
more fully 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
eome into question. For, first, whereas others
were to find and encounter infinite difficulties, in
the very obtaining of an opportunity to execute
this horrible act; and, besides, cannot but see
present and most assured death before their eyes,
and therefore must be, as it were, damnable vota-
ries if they undertake it : this man, in regard of
his faculty, and of his private access to her ma-
jesty, 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 Portu-
guese, 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 jealousy ; as those which were thought
to entertain intelligences there for the good of
their master. And, for the evasion and mask that
Lopez had prepared for this treason, if it had not
been searched and sifted to the bottom, it was,
that he did intend but to cozen the King of Spain,
without ill meaning; somewhat in the nature of
that stratagem which Parry, a most cunning and
artificial traitor, had provided for himself.
Nevertheless, this matter, by the great good-
ness 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 dis-
guised and transformed treason did at last appear
in his own likeness and colours, which were as
foul and monstrous as have been known in the
Vol. II—JW
world. For some of her majesty's council long
since entered into consideration, that the retinue
of King Antonio, I mean some of them, were not
unlike to hatch these 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 therefore grew to
have an extraordinary vigilant eye upon them:
which prudent and discreet presumption, or con-
jecture, 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
appliable 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 house-
hold ; and by her majesty's bounty, of whom he
had received divers gifts of good commodity, was
grown to good estate of wealth.
This man had insinuated himself greatly, in
regard he was of the same nation, with the King
Antonio, whose causes he pretended to solicit at
the court: especially while he supposed there
was any appearance of his fortune ; of whom also
he had obtained, as one that 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 si nee 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, near-
ness and access, to learn many particulars of
great weight: which intelligences he maintained
with Bernardino Mendoza, Antonio Vega, Rode-
rigo 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 bave betrayed him to Ber-
nardino Mendoza. This man coming hither, was,
for the same, his practice appearing by letters
intercepted, apprehended and committed to prison*
T
118
REPORT OF LOPEZ'S TREASON.
Before which time, also, there had been by good
diligence intercepted other letters, whereby the
said Andrada advertised Mendoza, that he had
won Dr. Lopez to the king's service : but Lopez
having understanding thereof, and rinding means
to have secret conference with Andrada before his
examination, persuaded with him to take the
matter upon himself, as if he had invented that
advertisement touching Lopez, only to procure
himself credit with Mendoza; and to make him
conceive well of his industry and service. And
to move him hereunto, Lopez set before Andrada,
that if he did excuse him, he should have credit
to work his delivery : whereas, if he did impeach
him, he was not like to find any other means of
favour. By which subtle persuasion Andrada,
when he came to be examined, answered accord-
ing to the direction and lessoning which Lopez
had given him. And having thus acquitted him-
self of this suspicion, became suitor for Andrada's
delivery, craftily suggesting, that he was to do
some notable service to Don Antonio ; in which
his suit he accordingly prevailed. When Lopez
had thus got Andrada out of prison, he was suf-
fered to go out of the realm into Spain ; in pre-
tence, as was said, to do some service to Don
Antonio ; but, in truth, to continue Lopez's nego-
tiation and intelligences with the King of Spain,
which he handled so well, as at his return hither,
for the comforting of the said Lopez, he brought
to him from the king, besides thanks and words
of encouragement, and an abrazo, which is the
compliment of favour, a very good jewel, gar-
nished with sundry stones of good value. This
jewel, when Lopez had accepted, he cunningly
cast with himself, that if he should offer it to her
majesty first, he was assured she would not take
it: next, that thereby he should lay her asleep,
and make her secure of him for greater matters,
according to the saying, "Fraus sibi fidem in
parvis praestruit ut in magnis opprimat;" which
accordingly he did, with protestations of his fide-
lity : and her majesty, as a princess of magnani-
mity, 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, with-
out 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 instructions, and being fur-
nished with money, by Lopez's procurement,
from Don Antonio, about whose service hit
employment was believed to be, went over to
Calais, where he remained to be near unto Eng-
land and Flanders, having a boy that ordinarily
passed to and fro between him and Lopez : by
whom he did also, the better to colour his employ-
ment, write to Lopez intelligence, as it was
agreed he should between him and Lopez ; who
bade 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
Ferrcra 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 whom he had in
former time been advertised in generality of Lo-
pez's good affection to do him service. This
Ferrera had been sometimes a man of great liveli-
hood 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, despatched with these instruc-
tions, and with all affectionate commendatiom
from the count to Lopez, and with letters to Ferrera,
took his journey first to Calais, where he con-
ferred with Andrada; of whom receiving more
ample information, together with a short ticket
of credence to Lopez, that he was a person whom
he might trust without scruple, came over into
England, and first repaired to Ferrera, and
acquainted him with the state of the business,
who had before that time given some light unto
Lopez, that he was not a stranger unto the prao-
REPORT OF LOPEZ'S TREASON.
219
tice between him and Andrada, wherewith, indeed,
Andrada had in a sort acquainted him. And now,
upon this new despatch and knowledge given to
Lopez of the choice of Ferrera to continue that
which Andrada had begun ; he, to conform him-
self 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 for-
bore to speak with Manuel Louis himself; but
concluded that Ferrera should be his only trunk,
and all his dealings should pass through his
hand, 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, im-
port 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 caute-
lously did forbear to write himself, but directed
and indeed dictated word by word by Lopez
himself. The contents thereof were, that Lopez
was ready to execute that service to the king,
which before had been treated, but required for his
recompense the sum of 50,000 crowns, and as-
surance 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. Ferrera 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 were delivered to Gomez d'Avila
to be carried to Brussels, and a passport procured,
and his charges defrayed by Lopez. And Fer-
rera, the more to approve his industry, writ let-
ters 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 showed unto
Lopez. In the mean time Lopez, though a man,
in semblance, of a heavy wit, yet indeed subtle
of himself, as one trained in practice, and besides
as wily as fear and covetousness could make
him, thought to provide for himself, as was partly
touched before, as many starting holes and eva-
sions 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 1 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 dis-
position 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 An-
tonio ; idly, and in that grossly imagining, that,
if afterwards he should accept the same sum, he
might excuse it, as made good by the King of
Spain, in regard he desisted to follow and favour
Don Antonio ; whereupon the King of Spain was
in honour tied not to see him a loser. Thirdly, in
his conferences with Ferrera, when he was ap-
posed 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 a 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 impor-
tune Ferrera for the answering of his last de-
spatch, finding the delay strange, and reiterating
the protestations of his readiness to do the ser-
vice, 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
particular of his traffic and overtures appeared not,
only it seemed there was great account made of
that he managed : and thereupon he was commit-
ted 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 from Spain ; which was
not till about two months after. This Gomes
was apprehended at his landing, and about him
were found the letters aforesaid, written in jargon,
or verbal cipher, but yet somewhat suspicious, in
these words : "This bearer will tell you the price
in which your pearls are esteemed, and in what
resolution we rest about a little musk and amber,
which I am determined to buy." Which words
the said Manuel Louis afterward voluntarily con-
fessed 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
REPORT OF LOPEZ'S TREASON.
by Ferrera's letter : and for the provision of amber
and mask, 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 Qneen'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
orer Manuel Louis with the resolution from
Spain ; who first understanding of Ferrera's re-
straint, and therefore doubting how far things
were discovered, to shadow the matter, like a
eunning companion, gave advertisement of an
intent he had to do service, and hereupon obtained
a passport : but after his coming in, he made no
haste to reveal any thing, but thought to dally
and abuse in some other sort. And while the
light was thus in the clouds, there was also inter-
cepted 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
rained 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 secretary's, under the term of the great
service, whereof should arise a universal benefit
to the whole world. Also, the letters of credit
written by Gonsalo Gomez, one to Pedro de Car-
Tera, 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 show them to
Lopez for his assurance ; a matter of God's secret
working in staying the same, for thereupon rested
only the execution of the fact of Lopez. Upon
so narrow a point consisted the safety of her ma-
jesty's life, already sold by avarice to malice and
ambition, but extraordinarily preserved by that
watchman which never slumbereth. This same
Manuel Louis, and Stephen Ferrera also, whereof
the one managed the matter abroad, and the other
resided here to give correspondence, never meet-
ing after Manuel had returned, severally examined
without torture or threatening, did in the end
voluntarily and clearly confess the matters above-
mentioned, and in their confessions fully ojnsent
and concur, not only in substance, but in all
points, particularities, and circumstances ; which
confessions appear expressed in their own natortl
language, testified and subscribed with their own
hands ; and in open assembly, at the arraignment
of Lopez in the Guildhall, were by them con-
firmed and avouched to Lopes 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
conferences and treaties with Ferrera, or Andrada,
about the empoisonment. And being demanded,
if they were proved against him what he would
sayl he answered, That he would yield himself
guilty of the fact intended. Nevertheless, being
afterwards confronted by Ferrera, who constantly
maintained to him all that he had said, reducing
him to the times and places of the said confer-
ences, he confessed the matter, as by his confes-
sion in writing, signed with his own hand,
appeareth. But then he fell to that slender eva-
sion, as his last refuge, that he meant only to
cozen the King of Spain of the money : and in
that he continued at his arraignment, when, not-
withstanding, at the first he did retract his own
confession : 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
himself, is convicted by three notable proofs.
The first, that he never opened this matter, neither
unto her majesty, unto whom he had ordinary
access, nor to any counsellor of state, to have
permission to toll on, and inveigle these parties
with whom he did treat, if it had been thought so
convenient ; wherein, percase, he had opportunity
to have done some good service, for the 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 confer-
ences 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 Constan-
tinople ; 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 : whereby it is evident that Lopez had
cast his reckonings upon the supposition of the
fact done.
Thus may appear, both how justly this Lopez*
• Lopes wae tseeattd 7th Jant, 1504.
REPORT OF LOPEZ'S TREASON.
Ml
xnned for the highest treason that can be
id ; and, how, by God's marvellous good-
sr majesty hath been preserved. And,
if a man do truly consider, it is hard to
ether God hath done greater things by her
' or for her : if you observe on the one side,
id hath ordained her government to break
n the unjust ambition of the two mighty
tea, the King of Spain and the Bishop of
never so straitly between themselves cora-
and, on the other side, how mightily God
oteeted her, both against foreign invasion
vard troubles, and singularly against the
leoret conspiracies that have been made
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-emi-
nence thereof to be exempted from just imputa-
tion.
t9
TRACTS RELATING TO ENGLAND.
OF THE
TRUE GREATNESS
OF THS
KINGDOM OF BRITAIN.
TO KING JAMES.
-Fortanatoa nimiam iaa si bona nortnt.
Thi greatness of kingdoms and dominions in
bulk and territory doth fall under measure and
demonstration that cannot err: but the just mea-
sure 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 opportunities, 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 gra-
cious 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 repre-
sentation 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 king-
dom of Europe ; and being out of doubt that none
of the great monarchies, which in the memory of
times have risen in 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 descendants. And because I have no pur-
pose vainly or assentatorily to represent this
greatness, as in water, which shows things bigger
than they are, but rather, as by an instrument 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 principles and positions
of policy unto the state and condition of these
your kingdoms. Of these the former part will
branch itself into these articles.
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
fruitful ness of the soil, or affluence of com-
modities.
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 situ-
ation 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 profes-
sion of arms.
398
OF THE TRUE GREATNESS OF BRITAIN.
***
Fourthly, That it consisteth in this point, that
every common subject by the poll be lit to
make a soldier, and not only certain condi-
tions 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 com-
mandment of the sea.
And let no man so much forget the subject pro-
pounded, as to find strange, that here is no men-
tion of religion, laws, or policy. For we speak of
that 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 territories, the true greatness of kingdoms upon
earth is not without some analogy with the king-
dom 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 exam-
ple. By reason thus. There be two manners of
securing of large territories, the one by the natural
arms of every province, and the other by the pro-
tecting arras 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, inclusive, unto Bactria, and the
borders of the East India ; and yet, nevertheless,
was overrun and conquered, 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 effected 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 pronounceth of him,
M Nihil aliud quam bene ausus vana contemnere."
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 time 8, 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 Agesi-
laus, 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 com-
mission to invade the higher countries, was di-
verted 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 corrupted from Persia, as
Agesilaus himself avouched pleasantly, when he
said, That a hundred thousand archers of the
Kin? of Persia had driven him home : under-
standing 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 ono 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
voluntaries and adventurers, to the terror of all
Graecia, 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 dimi-
nution 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 con-
stant and quiet possession. And yet, neverthe-
less, immediately after the short reign of Jovianus,
and towards the end of the joint reign of Valen-
tinianus and Yalens, which were his immediate
successors, and much more in the times succeed-
ing, 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 perpetual monument of the essential
difference between the scale of miles, and the
scale of forces. And, therefore, upon these rea-
sons 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
S94
OF THE TRUE GREATNESS OF BBTFAIN.
many times contrariant and incompatible 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
additions.
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 solid, and in the solid
figure is strength. But what speak we of mathe-
matical principles 1 The reason of state is evi-
dent, that if the parts of an estate be disjoined
and remote, and so be interrupted with the pro-
vinces of another sovereignty ; they cannot pos-
sibly have ready succours in case of invasion, nor
ready suppression in case of rebellion, nor ready
recovery, 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 overran succour.
Therefore Titus Quintius made a good com-
parison 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 provinces dispersed, the defence whereof
doth commonly consume and decay, and some-
times ruin the rest of the estate. And so,
likewise, we may observe, that all 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
races or narrow angles of territory, which were
environed or clasped in with foreign states ; but j
their dominions were continued and entire, and '
had thick ness and squareness in their orb or con-
tents. But these things are without contradiction.
For the second, concerning the proportion be- '
tween the principal region, and those which are
but secondary, 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 dis-
tinguished with any mark of foreigners, bat is
united specially with the bond of naturalisation;
and therefore we see that when the state of Rome
grew great, they were enforced 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, wo
see in the state of Lacedemon, which was nice
in that point, and would not admit their confede-
rates 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 slenderne88 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 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, knowing they should there
find weak resistance either of towns or in the
field : of towns, because upon confidence of their
greatness they fortified not upon the main ; in the
field, because their people was exhaust by garri-
sons and services far off. Which counsel proved
sound, to the astonishment of all Grsscia at that
time.
For the third, concerning the proportion of the
military forces of a state to the amplitude of em-
pire, 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 themselves 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 reputa-
tion : but when they decayed in arms, then great-
ness 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
fell with her own weight. And that, no question,
was the reason of the strange inundations of peo-
ple which both from the east and north-west over-
whelmed the Roman empire in one age of the
world, which a man upon the sudden would
attribute to some constellation or fatal revolutiom
OF THE TRUE GREATNESS OF BRITAIN.
226
if time, being indeed nothing else but the declina-
tion of (he Roman empire, which, having effemi-
med and made vile the natural strength of the
iroviaces, and not being able to supply it by the
strength imperial find sovereign, did, as a lure cast
ibroad, invite and entice all the nations adjacent,
o make their fortunes upon her decays. And by
lie same reason, there cannot but ensue a disso-
ution to the state of the Turk, in regard of the
argeness of empire, whensoever their martial
rirtoe and discipline shall be further relaxed,
thereof the time seemeth to approach. For
«rtainly like as great stature in a natural body is
tome advantage in youth, but is but burden in age ;
10 it is with great territory, which when a state
teginneth to decline, doth make it stoop and
Mickle so much the faster.
For the fourth and last, it is true, that there is
o be required and expected, as in the parts of a
tody, so in the members of a state, rather pro-
>riety of service, than equality of benefit. Some
provinces are more wealthy, some more populous,
ind some more warlike; some situated aptly for
the excluding or expulsing of foreigners, and some
Tor the annoying and bridling of suspected and
tumultuous subjects ; 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
Ind what to reject, in matter of territory, in any
smpire, except it be some glorious acquests
ibtained some time in the bravery of wars, which
sannot be 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 like 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.
Hie application of these positions unto the par-
ticular or supposition of this your majesty's king-
dom of Britain, requireth few words. For, as I
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
eomprehendeth all the islands of the north-west
ocean, where it is open, until you come to the
unbarred 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 absolutely master.
Secondly, The quantity and content of these
countries is far greater than have been the prin-
cipal 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 Nabuchodo-
nosor's tree, if God should have so ordained.
Thirdly, The prowess mud valour of your sub-
Vov . II.— 99
jects is able to master and wield far more territory
than falleth to their lot. But that followeth to be
spoken of in the proper place.
And, lastly, it must be confessed, that whatso-
ever 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 overran 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 entrance of foreigners is ex-
cluded : and we see again, that by the fit situation
and configuration of the north of Scotland toward
the north of Ireland, and the reputation, com-
modity, 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
likewise 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 lawgiver, used a memorable censure to
Croesus, when he showed him great treasures,
and store of gold and silver that he had gathered,
telling him, that whensoever another should come
that had better iron than he, he would be master
of all his gold and silver. Neither is the author-
ity 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 never was 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 negligence, than want of means,
as the French manner oftentimes is, make their
passage only by the reputation of their swords by
their sides undrawn, through the whole length
of Italy, at that time abounding in wealth after a
long peace, and that without resistance, and to
seize and leave what countries and places it
pleased them 1 But it was not the experience of
that time alone, but the records of all times that
do concur to falsify that conceit, that wan are
226
OF THE TRUE GREATNESS OF BRITAIN.
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, "Pecuniae
sunt nervi belli civilis," which is true, for that
civil wars 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 foun-
dations in poverty and contemptible beginnings,
being in that point also conform to the heavenly
kingdom, of which it is pronounced, " Regnum
Dei non venit cum observatione." Persia, a
mountainous country, and a poor people in com-
parison of the Medes and other provinces which
they subdued. The state of Sparta, a state
wherein poverty was enacted by law and ordi-
nance ; all use of gold and silver and rich furni-
ture being interdicted. 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 beginnings. 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
Turcomania; out of the remnants whereof, after
great variety of fortune, sprang the Ottoman
family. But never was any position of estate so
visibly and substantially confirmed as this, touch-
ing the pre-eminence, 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 Saracens, and that of the
Goths, Vandals, and the rest: who, as if they had
been the true inheritors of the Roman empire,
then dying, or at least grown impotent and aged,
entered upon Egypt, Asia, Graecia, 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
civility, that no man almost marrieth except he
see he have means to live ; but population went
on, howsoever sustentation followed, and taught
by necessity, as some writers report, when they
found themselves surcharged with people, they
divided their inhabitants 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 author-
ity iron hath over gold at the battle of Granson,
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 iEsop's cock. And although this people
have made no plantations with their arms, yet we
see the reputation of them such, as not only their
forces have been employed and waged, but their
alliance sought and purchased, by the greatest
kings and states of Europe. So as though for-
tune, 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 message from
them for the enhancing their pensions, entered
into choler, and broke out in these words,
44 What! will these villains of the mountains pat
a tax upon me]" which words cost him his
Duchy of Milan, and utterly ruined his affairs Lb
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, bat
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 reduction of this error also unto a truth
by distinction and limitation, which will be in toil
manner :
Treasure and moneys do then add true greatness
and strength to a state, when they are accompa-
nied with these three conditions :
First, The same condition which hath been
annexed to largeness of territory, that is,
that they be joined with martial powers and
valour.
Secondly, That treasure doth then advance
greatness, 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 over-
match 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
OF THE TRUE GREATNESS OF BRITAIN.
*27
tbe worst ; so it is in the wars, if it be a match
between a valiant people and a cowardly, the ad-
vantage of treasure will not serve ; but if they be j
near in valour, then the better moneyed 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 provisions at the first en-
counters, that no difference of valour can counter-
vail, let him look back but into those examples
which have been brought, and he must confess,
that all those furnitures whatsoever are but shows
and mummeries, and cannot shroud fear against
resolution. For there shall he find 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 ap-
pointed with horses bred of purpose, and in choice
races, chariots of war, elephants, and the like ter-
rors, mastered by armies meanly appointed. So
of towns strongly fortified, basely yielded, and the j
like ; all being but sheep in a lion's skin, where
valour faileth.
For the second point, that competency of trea-
sure 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 inaketh 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, ac-
cording 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 in a state that
shall grow and enlarge, that there be that composi-
tion 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, and
stories, you shall find but three things that pre-
pare and dispose an estate to war ; the ambition
of governors, a state of soldiers professed, and the
bard 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 subjects 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 expense and consumption.
For it is not the abundance of treasure in the
subjects1 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 the deadest times for moneys, 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
stronghold in his own imagination: and, there-
fore, we see by infinite examples, and none more
memorable than that of Constantinus the last
Emperor of the Greeks, and the citizens of Con-
stantinople, 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 contributions for the
public, both because the true estimation or assess-
ment of great wealth is more obscure and uncer-
tain ; and, because the burden seemeth lighter
when the charge lieth upon many hands ; and,
further, because the- same greatness of wealth is
ft r the most part nob collected and obtained with-
out 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 expense, and what 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 merchants, burghers, trades-
men, 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 insupportable
charge, either by their natural frugality, or by
OF THE TRUE GREATNESS OF BRITAIN.
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 engrossed into few; and those
hands were not much of the nobility, but most
and generally 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 prero-
gative 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 wardships should be
yours, where a tenure in chief is, of lands held of
your subjects ; that all confiscations 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 informed
in your name, and should be due unto you, and a
moiety at the least where the subject himself in-
forms. 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 merchandising, 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 Por-
tugal 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 touch-
ing the fortunes or fatal destiny of any places, nor
philosophically touching their configuration with
the superior globe. But I understand proprieties
and respects merely civil and according to the
nature of human actions, and the true considera-
tions of the 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 commodiously 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 mediterrane. And that these are not
* Memorandum, Here was a blank ilde left to continue the
•*nte.
conceits, but notes of event, it appeareth mani-
festly, that all great monarchies and states have
been seated in such manner, as if you would place
them again, observing these three points which 1
have mentioned, you cannot place them better;
which shows the pre-eminence of nature, unto
which human industry or accident cannot be
equal, especially in any continuance of time.
Nay, if a man look into these things, more atten-
tively, he shall see divers of these seats of monar-
chies, 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 scemeth
to have been the most ancient monarchy, how
conveniently it stands upon a neck of land, com-
manding 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 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 Pto-
lemys, and of the greatness of the caliphs and
sultans in the latter times. And this region, we
see likewise, is of strait and defensible access,
being commonly called of the Romans, " Claustra
jEgypti." 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, there-
fore, 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 remained. For, although the mansion
of the persons of the Kings of Persia were some-
times at Susa, and sometimes at Ecbatana, which
were termed their winter and their summer par-
lours, because of the mildness of the air in the
one, and the freshness in the other; yet thocity
of estate continued to be Babylon. Therefore, we
see, that Alexander the Great, according to the
advice of Calanus the Indian, that showed him a
bladder, which, if it were borne down at one end,
would rise at the other, and therefore wished him
to keep himself in the middle of his empire, chose
accordingly Babylon for his seat, and died there.
And, afterwards, likewise in the family of Seleu-
cus and his decendants, kings of the east, al-
though divers of them, for their own glory, were
founders of cities of their own names, as Antio-
chia, Seleucia, and divers others, which they
sought by all means to raise and adorn, yet the)
A PROPOSAL FOR AMENDING THE LAWS OP ENGLAND.
229
greatness still remained according unto nature
with the ancient seat. Nay, further on, the same
remained during the greatness of the Kings of
Parthia, as appeareth by the verse of Lucan, who
wrote in Nero's time.
w Cumque mperba lUret Babylon ■pollanda trophaela."
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 rain 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 descendants continue
in empire and competition with the Turks to
this day.
So, again, Constantinople, being one of the most
excellente8t 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-QENE*AL, AND ONE OF HIS PRIVY COUNCIL;
TOUCHING THE COMPILING AND AMENDMENT OF THE LAW8 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 holyday
the more ; but that I should dedicate my time to
your service with less distraction. Wherefore,
in this plentiful accession of time, which I have
now gained, I take it to be my duty, not only to
speed your commandments and the business of
my place, but to meditate and to excogitate of my-
self, 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 a workman,
than the reducing and recompiling of the laws of
England.
Your majesty is a king blessed with posterity ;
and these kings sort best with acts of perpetuity,
when they do not leave them, instead of children;
but transmit both line and merit to future gene-
rations. You are a great master in justice and
judicature, and it were pity that the fruit of that
virtue should die with you. Your majesty also
reigneth in learned times : the more, in regard of
your own perfections and patronage of learning;
and it hath been the mishap of works of this
nature, that the less learned time hath wrought
upon the more learned, which now will not be so.
As for myself, the law is my profession, to which
I am a debtor. Some little helps I may have of
other learning, which may give form to matter ;
and your majesty hath set me in an eminent place,
whereby in a work, which must be the work of
many, I may the better have coadjutors. Therefore,
not to hold your majesty with any long preface,
in that which I conceive to be nothing less than
words, 1 will proceed to the matter : which matter
itself, nevertheless, requireth somewhat briefly to
be said, both of the dignity, and likewise of the
safety, and convenience of this work : and then
to go to the main : that is to say, to show how
the work is to be done : which incident! y also
will best demonstrate, that it is no vast nor spe-
culative thing, but real and feasible. Callisthe-
nes, that followed Alexander's court, and was
grown in some displeasure with him, because he
could not well brook the Persian adoration ; at a
supper, which with the Grecians was ever a great
part talk, was desired, because he was an eloquent
man, to speak of some theme ; which he did, and
chose for his theme the praise of the Macedonian
nation ; which though it were but a 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 man-
ner of applauses then was. Alexander was not
pleased with it, and by way of discountenance
said, It was easy to be a good orator in a pleasing
theme : " But," saith he to 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 to
U
*S0
A PROP08AL FOR AMENDING THE LAW8 OF ENGLAND.
piquantly, that Alexander said, The goodness of
his theme had made him eloquent before; but
now it was the malice of his heart that had in-
spired 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 hath in his writings magnified them not
without cause : certainly they are wise, they are
just and moderate laws ; they give to God, they
give to Caesar, they give to the subjects, that
which appertained. It is true, they are as mixt
as our language, compounded of British, Koman,
Saxon, Danish, Norman customs. And, as our
language is so much the richer, so the laws are
the more complete : neither doth this attribute
less to them, than those that would have them to
have stood out the same in all mutations ; for no
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 receive th 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, expres-
sion, and tradition : 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 coun-
tries, 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 con-
quered. Of these, in my judgment, your majesty
may with more truth and flattery, be entitled 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 " principes perpetui ;" because,
as Bishop Gardiner said in a bad sense, that he
would be bishop a hundred years after his death,
in respect of the long leases he made: so law-
givers 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.
Obj. 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 uncertainties and evasions,
or omissions of law.
Reap. 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 oar
municipal 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 uncertainties, 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.
5. That the ignorant lawyer shroudeth his
ignorance 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 incon-
veniences.
It is a good rule and direction, for that all
laws, " secundum majus et minus," do participate
of uncertainties, that follovveth : Mark, whether
the doubts that arise, are only in cases not of
ordinary experience; 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 Ed-
ward Coke's Reports, (which, though they may
have errors, and some peremptory and extra-judi-
cial resolutions more than are warranted; yet,
they contain infinite good decisions, and rulings
over of cases,) the law, by this time, had been
almost like a ship without ballast; for that the
cases of modern experience are fled from those
that are adjudged and ruled in former time.
But the necessity of this work is yet greater in
the 8 tat ute 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
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 overgreat 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 gtn-
A PROPOSAL FOR AMENDING THE LAWS OF ENGLAND.
281
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 :
«c
The living die in the arms of the dead."
Lastly, There is such an accumulation of sta-
tutes concerning one matter, and they so cross
and intricate, as the certainty of law is lost in the
heap ; as your majesty had experience last day
upon the point, Whether the incendiary of New-
market should have the benefit of his clergy.
Obj. II. That it is a great innovation; and,
innovations 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
reformations. But the truth is, that this work
ought not to he termed or held for any innovation
in the suspected sense. For those are the inno-
vations which are quarrelled and spoken against,
that concern the consciences, estates, and fortunes
of particular persons : but this of general ordinance
pricketh not particulars, but passeth " sine stre-
pitu." Besides, it is on the favourable part ; for
it easeth, it presseth not : and, lastly, it is rather
matter of order and explanation than of alteration.
Neither is this without precedent in former govern-
ments.
The Romans, by their decemvirs, did make
their twelve tables ; but that was indeed a new
enacting or constituting of laws, not a registering
or recompiling ; and they were made out of the laws
of the Grecians, not out of their own customs.
In Athens they had sexviri, which were stand-
ing 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 inten-
tion 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
labyrinth 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 authorized by
parliament to nominate thirty-two commissioners,
part ecclesiastical, part temporal, to purge the
canon law, and to make it agreeable to the law of
God, and the law of the realm ; and the same was
revived in the fourth year of Edward 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 die laws of
this kingdom, and gave them the strength of a
fagot 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 1 say to your majesty ; •« Nil vulgare te
dignum videri possit."
Obj. III. In this purging of the course of the
common laws and statutes, much good may be
taken away.
Reap. In all purging, some good humours may
pass away ; but that is largely recompensed by
lightening the body of much bad.
Obj. IV. Labour were better bestowed, in
bringing the common laws of England to a text
law, as the statutes are, and setting both of them
down in method and by titles.
Btsp. It is too long a business to debate,
whether "lex scripta, aut non scripta," a text
law, or customs well registered, with received
and approved grounds and maxims, and acts and
resolutions judicial, from time to time duly enter-
ed and reported, be the better form of declaring
and authorizing laws. It was the principal reason
or oracle of Lycurgus, that none of his laws
should be written. Customs are laws written in
living tables, and some traditions the church doth
not disauthorize. In all sciences they are the
soundest, that keep close to particulars ; and,
sure I am, there are more doubts that rise upon
our statutes, which are a text law, than upon the
common law, which is no text law. But, how-
soever that question be determined, I dare not
advise to cast the law into a new mould. The
work, which I propound, tendeth to pruning and
grafting the law, and not to ploughing up and plant-
ing it again; for such a remove I should hold
indeed for a perilous innovation.
Obj. V. It will turn the judges, counsellors of
law, and students of law to school again, and
make them to seek what they shall hold and
advise for law; and it will impose a new charge
upon all lawyers to furnish themselves with new
book 8 of law.
Resp. For the former of these, touching the
new labour, it is true it would follow, if the law
were new moulded into a text law ; 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 hurt-
ful matter; and illustrated by order and other
helps, towards the better understanding of it, and
judgment thereupon.
For the latter, touching the new charge, it is not
worthy the speaking of in matter of so high im-
portance; it might have been used of the new
translation of the Bible, and such like works.
Books must follow sciences, and not sciences
books.
»S3
A PROPOSAL FOR AMENDING THE LAWS OF ENGLAND.
This work is to bo 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 sta-
tutes.
In the first of these, three things are to be
done:
1. The compiling of a book "De antiquitati-
bus juris."
2. The reducing or perfecting of the course or J
corps of the common laws. j
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 par-
liament, letters patents, commissions, and judg-
ments, and the like, are to be searched, perused,
and weighed : and out of these are to be selected
those that arc of most worth and weight, and in
order of time, not of titles, for the more conform-
ity with the year-books, to be set down atid re-
gistered, rarely in "haec verba;" but summed
with judgment, not omitting any material part;
these arc to be used for reverend precedents, but
not for binding authorities.
For the second, which is the main, there is to be
made a perfect course of the law "in serie tem-
poris," or year-books, as we call them, from Ed-
ward the First to this day : in the compiling of
this course of law, or year-books, the points fol-
lowing are to be observed.
First, All cases which are at this day clearly
no law, but constantly ruled to the contrary, are
to be left out ; they do but fill the volumes, and
season the wits of students in a coi trary 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 obso-
lete cases there was a memorandum set, that at
that time the law was thus taken, until such a
time, &c.
Secondly, Homonymiae, as Justinian calleth
them, that is, cases merely of iteration and repe-
tition, are to be purged away : and the cases of
identity, which are best reported and argued, to
be retained instead of the rest ; the judgments,
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 Antinomies, 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 have spoken before : never-
theless, 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 argu-
ment 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 tautolo-
gies and impertinences to be cut off": as for mis-
printing, 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 compiled, then it resteth but for
your majesty to appoint some grave and sound
lawyers, with some honourable stipend, to be
reporters* for the time to come, and then this it
settled for all times.
For the auxiliary books that conduce to the
study and science of the law, they are three : In-
stitutions; 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 Little-
ton and Fitzherbert's "Natura brevium;,, but
they are noways of the nature of an institution;
the office whereof is to be a key and general pre-
paration to the reading of the course. And prin-
cipally it ought to have two properties ; the one a
perspicuous and clear order or method ; and the
other, a universal latitude or comprehension,
that the students may have a little pre notion of
every thing, like a model towards a great build-
ing. 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,
• This confutation of reporter* I obtained of the king, aft*
I wu chancellor ; and intra are two appointed with ML
a year apiece stipend.
OF A DIGEST OF LAWS.
883
to keep all upright and stable; bat I hare seen
tittle in this kind, either in oar law or other laws,
that satisfieth me. The naked rule or maxim
doth not the effect: It must be made useful by
good differences, ampliations, and limitations,
warranted by good authorities ; and this not by
raising up of quotations and references, but by
discourse and deducement in a just tractate. In
this 1 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, I am in
good hope, that when Sir Edward Coke's Re-
ports, and my rules and decisions shall come to
posterity, there will be, whatsoever is now
thought, question, who was the greater lawyer 1
For the books of the terms of the law, there is a
poor one, but I wish a diligent one, wherein
should be comprised not only the exposition of
the terms of law, but of the words of all ancient
records and precedents.
For the 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 repertories to learned lawyers, and not
to make a lawyer in haste : but since that cannot
be, I wish there were a good abridgment com-
posed of the two that are extant, and in better
order. So much for the common law.
For the reforming and recompiling of the sta-
tute 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 li-
braries for antiquities, but no reprinting of them.
The like of statutes long since expired and clearly
repealed ; for if the repeal be doubtful, it most 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 requi-
site to substitute some more reasonable law, in-
stead of them, agreeable to the time ; in others a
simple repeal may suffice.
3. The third, that the grievousness of the pe-
nalty 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 al-
ready, upon my motion, and your majesty's di-
rection, a great deal of good pains taken ; my
Lord Hobart, myself, Serjeant Finch, Mr. He-
neage 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 par-
liament, 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 commis-
sioners named by both Houses; but not with a
precedent power to conclude, but only to pre-
pare and propound to parliament.
This is the best way, I conceive, to accom-
plish 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
OP THE LAWS OP ENGLAND.
Most Excellent Soveeeign :
Amongst 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
children's children, may be the better, surely the
Vol. II 30
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
u2
984
OF A DIGEST OF LAW8.
age that followed his times for fire successions.
But, kings, by giving their subjects good laws,
may, if they will, in their own time, join and graft
this golden head 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 discourse is neither good
nor wise. For certain it is, that good laws are
some bridle to bad princes, and as a very 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. Build-
ings 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 progresses 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, mul-
titudes of charters, and liberties for the comfort of
corporations 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 com-
monwealth. It was nothing to virtue or vice. A
bad man might indifferently 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 learn-
ing and education of youth ; likewise foundations
and institutions of orders and fraternities, for
nobleness, enterprise, and obedience, and the
like. But yet these also are but like plantations
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 show it excellent : and yet, not so
rare, as to make it suspected for impossible,
inconvenient, 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 lawgivers, than to be numbered or
ranked amongst them. Minos, Lycurgus, and
Solon, are examples for themes of grammar scho-
lars. For ancient personages and characters,
now-a-days, use to wax children again ; though
that parable of Pindarus be 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 law-
givers had great prerogatives. The first, of fame,
because they were the pattern amongst the Gre-
cians : 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
lawgivers : for it is most true, that a discoorser
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 prin-
cipal 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 Grscia
upon the Roman stock of laws and customs : but
such was their success, as the twelve tables
which they compiled 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 iu respect of brass ; the one to be put in
and out, as the other is permanent. Lucius Cor-
nelius 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.
Caesar long after desired to imitate him only in
the first, for otherwise he relied upon new men ;
and for resigning his power Seneca describeth him
right; "Caesar gladium cito condidit, nunquam
posuit," " Caesar soon sheathed his sword, hut
never put it off." And himself took it upon him,
saying in scorn of Sylla's resignation ; " Sylla
nescivit litems, dictare non potuit," "Sylla knew
no letters, he could not dictate." But for the part
of a lawgiver, Cicero giveth him the attribute;
" Caesar, si ab eo quaereretur, quid egisset in toga;
lege 8 se respondisset multas et praeclaras tu-
lisse;" "If you had asked Cssar what he did
in the gown, he would have answered, that he
made many excellent laws*" His nephew Au-
gustus 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 civtlia verfH
Jura mum ; legfaque tulit Justiaslinus aurtor.'
! From that time there was such a race of wit and
OF A DIGEST OF LAWS.
2d6
authority, between the commentaries and de-
cisions of the lawyers, and the edicts of the em-
perors, as both law and lawyers, were out of
breath. Whereupon, Justinian in the end recom-
piled both, and made a body of laws such as
might be wielded, which himself calleth glori-
ously, and yet not above truth, the edifice or
structure of a sacred temple of justice, built in-
deed out of the former ruins of books, as materials,
and some novel constitutions of his own.
In Athens, they had sexviri, as iEschines ob-
serveth, which were standing commissioners, who
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'1 propound-
ed their repeal.
King Edgar collected the laws of this king-
dom, and gave them the strength of a fagot
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 a ship 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, entitled 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 sta-
tutes. 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 ordinances, and the customs, and the
discretions of courts, and discourses of philoso-
phers, as they use to do.
King Henry VIII., in the twenty-seventh year
of his reign, was authorized by parliament to no-
minate thirty-two commissioners, part ecclesiasti-
cal, 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 under-
stood, is far from vulgar: for that the laws of the
roost 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 ray
profession or country, for the matter and nature of
them, 1 hold them wise, just, and moderate laws :
they give to God, they give to Caesar, they give to
the subject, what appertained. It is true they are
as mixed 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 arc 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
what happened to Callisthenes, that followed
Alexander's court, and was grown into some dis-
pleasure with him, because he could not well brook
the Persian adoration. At a supper, which with
the Grecians 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 advantage 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 extremes, 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 excel-
lency, 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 fittest to supply perpetuity
of generations by perpetuity 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 parti-
cipate 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
386
CERTIFICATE TOUCHING THE PENAL LAWS.
which I am a debtor: some little helps, I hare 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 exceed 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 1 per-
formed the first, which resteth but upon myself,
in some part: and I do in all humbleness renew
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.
CERTIFICATE TO HIS MAJESTY,
TOUCHING THE PROJECTS OF
SIR STEPHEN PROCTOR RELATING TO THE PENAL LAWS.
It MAT PLEA8E TOUR SAC RID MAJESTY,
With the first free time from your majesty's
service of more present dispatch, I have perused
the projects 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 understanding^, is a dis-
covery 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, that he
that embraceth much, straineth and holdeth the
less, and that propositions have wings, but ope-
ration 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 se-
verity 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 intermix-
ture 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 Dud-
ley, whom the people's curses, rather than any
law, brought to overthrow ; the other work is a
work 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 '8 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 sta-
tutes, 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 effect-
ually, which these statutes aim at intentionally.
And this I do allow of the better, because it is
none of those new superintendences, which I see
many times offered upon pretence of reformation,
CERTIFICATE TOUCHING THE PENAL LAWS.
237
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
orer judges nor clerks, but only over a kind of
people that cannot be sufficiently watched or over-
looked, and that is, the common promoters or in-
formers : 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. 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 he principal in your ma-
jesty'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-
nience*.
1. An informer ex-
hibits an information,
and in that one informa-
tion he will put a hun-
dred several subjects of
this information. Every
one shall take out co-
pies, and every one shall
put in his several an-
swer. This will cost
perhaps a hundred
marks: that done, no
further proceeding. But
the clerks have their
fees, and the informer
hath his dividend for
bringing the water to
the mill.
It is to be noted, that
this vexation is not met
with by any statute.
For it is no composition,
but 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 revive his
information, and so it
escapeth clearly.
2. Informers receive
pensions of divers per-
sons to forbear them.
And this is commonly
of principal offenders,
and of the wealthiest
sort of tradesmen. For
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 there-
upon may grant good
costs against the infor-
mer, to every of the sub-
jects vexed : and withal
not suffer the same in-
former to revive his in-
formation against any
of them; and, lastly,
fine him, as for a mis-
demeanor and abuse of
justice : and by that
time a few of such ex-
amples be made, they
will be soon weary of
that practice.
2. This is an abuse
that appeareth not by
any proceeding in court,
because it is before suit
commenced, and there-
fore requireth a particu-
lar inquiry.
if one tradesman may
presume to break the
law, and another not, he
will be soon richer than
his fellows. As, for ex-
ample, if one draper
may use tenters, be-
cause he is in fee with
an informer, and others
not, he will soon out-
strip 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
experience is otherwise :
for one informer will
bear with the friend of
another, looking for the
like measures.
And, besides, they
have devices to get pri-
ority 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 there-
fore he will not attempt
it; although therein the
statute is a little doubt-
ful : yet if hanging will
not keep thieves from
stealing, it is not pillory
will keep informers
from polling.
And, herein, Sir Ste-
phen addeth a notable
circumstance : that they
will peruse a trade, as
of brewers or victual-
lers, and if any stand
out, and will not be in
fee, they will find
means to have a dozen
informations come upon
him at once.
3. The subject is often
for the same offence
vexed by several infor-
mations : sometimes the
oneinformernotknowing
of the other; and often
by confederacy, to weary
the party with charge :
upon every of which
goeth process, and of
But when it shall be
the care and cogitation
of one man to overlook
informers, these things
are easily discovered :
for let him but look who
they be that the infor-
mer 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
barons of the exche-
quer, and the king's
learned counsel, that by
the Star Chamber, or
otherwise, such taxers
of the king's subjects
may be punished.
3. The officer keep-
ing a book of all the in-
formations put in, with
a brief note of the mat-
ter, may be made ac-
quainted with all infor-
mations to come in:
and if he find a prece-
dent for the same cause,
he may inform some of
CERTIFICATE TOUCHING THE PENAL LAWS.
every of them he must
take copies, and make
answers, and so relieve
himself by motion of
the court if he can;
all which multiplieth
charge and trouble.
the barons, that by their I
order the receiving 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.
Concerning the king's benefit, which may grow
by a moderate prosecution of some penal laws.
7%e abuses are inconveni-
ences.
1. After an informa-
tion is exhibited and
answered, for so the
statute requires, the in-
former for the most part
groweth to composition
with the defendant ;
which he cannot do
without peril of the
statute, except he have
license from the court,
which license he ought
to return by order and
course of the court, to-
gether with a declara-
tion upon his oath of
the true sum that he
takes for the composi-
tion. Upon which li-
cense so returned, the
court is to tax a fine for
the king.
This ought to be, but
as it is now used, the
license is seldom re-
turned. And although
it contain a clause that
the license shall be
void, if it be not duly
returned ; yet the man-
ner is to suggest that
they are still in terras
of composition, and so
to obtain new days,
and to linger it on till
a Parliament and a par-
don come.
Also, when the li-
cense is returned, and
thereupon the judge or
baron to sesse a fine;
there is none for the
king to inform them of
the nature of the of-
fence; of the value to
The remedies,
1. The officer in this
point is to perform his
greatest service to the
king, in soliciting for
the king in such sort as
licenses be duly return-
ed, the deceits of these
fraudulent compositions
discovered, and fines
may be set for the king
in some good proportion,
having respect to the
values both of the mat-
ter and the person : for
the king's fines are not
to be delivered, as mo-
neys given by the party,
" ad redimendam vexa-
tionem," but as moneys
given " ad redimendam
culpara et pcenam le-
gis;" and ought to be
in such quantity, as may
not make the laws al-
together trampled down
and contemned. There-
fore the officer ought
first to be made ac-
quainted with every li-
cense, 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 or-
ders for giving further
days, to the end that the
court may be duly in-
formed both of the
weight of causes, and
the delays therein used ;
and, lastly, he is to see
that the fines teased, be
grow to the king if the duly put in process, sal
suit prevail ; of the abi- answered,
lity of the person, and
the like. By reason
whereof, the fine that
is set is but a trifle,
as 30, 30, or 40«., and
it runs in a form like-
wise, 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,
hut as if he did justify
himself, and were con-
tent 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 in-
former's oath touching
his composition, which
is commonly a trifle,
and is the other ground
of the small ness of the
fine, it is, no doubt,
taken with an equivo-
cation: as taking such
a sura in name of a
composition, and some
greater matter by some
indirect or collateral
mean.
Also, these fines,
light as they be, are *
seldom answered and
put in process.
2. An information
goeth on to trial, and
passe th for the king.
In this case of recovery, turned,
the informer will be
satisfied, and will take
his whole moiety, for
that he accounts to be
no composition : that
done, none will be at
charge to return the
"postea," and to pro-
cure judgment and exe-
cution for the king. For
the informer hath that
he sought for, the clerks
will do nothing with-
out fees paid, which,
2. The officer is to
follow for the king, that
the "posteas" be re-
ADVICE ABOUT THE CHARTERHOUSE.
there being no man to
prosecute, there can be
no man likewise 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 in-
former dieth, or falls to
poverty, or his mouth
is stopped, and yet so
as no man can charge
him with composition,
and so the matter dieth.
4. There be sundry
seizures made, in case
where the laws give
seizures, which are re-
leased by agreements
underhand, and so mo-
ney wrested from the
subject, and no benefit
to the king.
All seizures once
made, ought not to be
discharged, but by or-
der of the court, and
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
seizures, and to give
information to the court
concerning them.
This is of more diffi-
culty, because seizures
are matter in fact,
whereas suits are matter
of record : and it may re-
quire more persons to be
employed, asat theports,
where is much abuse.
therefore some entry
ought to be made of
them.
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 trouble your majesty, for I hold these to be
the principal.
Thus have 1, according to your majesty's
reference, 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 judg-
ment, 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 speci-
ally that the travels therein taken may be con-
sidered 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 recompense unto the gentleman, it is not
my part to presume to touch, otherwise than to
put your majesty in remembrance of that propor-
tion, which your majesty is pleased to give to
others out of the profits they bring in, and per-
haps with a great deal less labour and charge.
ADVICE TO THE KING,
TOUCHING
MR. SUTTON'S ESTATE.
Mat it please tour 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 perverted :
for salt, in the Scripture, is a figure both of
wisdom and lasting. This cometh into my
mind, upon this act of Mr. Sutton, which
seemeth to me as a sacrifice without salt ; having
the materials of a good intention, but not pow-
dered with any such ordinances and institutions
as may preserve the same from turning corrupt,
or at least from becoming unsavoury, and of little
use. For though the choice of the feoffees be
of the best, yet neither can they always live;
and the very nature of the work itself, in the
vast and unfit proportions thereof, being apt to
provoke a misem ploy men t: 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 build-
ing fit for a prince's habitation, for an hospital,
is all one as if one should give in alms a rich
embroidered cloak to a beggar. And certainly a
man may see "tanquam quae oculis cernuntur,"
that if such an edifice, with six thousand pounds
revenup, be erected into one hospital, it will in
small time degenerate to be made a preferment
of some great person to be master, and he to
take all thi* 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
MO
ADVICE ABOUT THE CHARTERHOUSE.
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 vainglory 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 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 indi-
viduo :" for it appears that he had in notion a
triple good, a hospital, and a school, and maintain-
ing of a preacher: which individuals refer to
these three general heads; relief of poor, ad-
vancement of learning, and propagation of reli-
gion. 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
represented, election may be best grounded.
Concerning the relief of the poor ; I hold some
number of hospitals, with competent endowments,
will do far more good than one hospital of an
exorbitant greatness : for though the one course
will be the more seen, yet the other will be the
more felt. For if your majesty erect many,
besides the observing the ordinary maxim,
"Bonum, quo communius, eo melius," choice
may be made of those towns and places where
there is most need, and so the remedy may be
distributed as the disease is dispersed. Again,
greatness of relief, 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 will draw the use, and not the use the
revenues ; and so, through the mass of the wealth,
they will swiftly tumble down to a misemploy-
inent. And if any man say, that in the two hos-
pitals in London there is a precedent of greatness
concurring with good employment ; let him con-
sider that those hospitals have annual governors,
that they are under the superior care and po-
licy of such a state as the city of London ; and,
chiefly, that their revenues consist not upon cer-
tainties, but upon casualties and free gifts, which
gifts would be withheld, if they appeared once to be
perverted ; so as it keepeth them in a continual
good behaviour and awe to employ them aright;
none of which points do match with the present
case.
The next consideration may be, whether this
intended hospital, as it hath a more ample endow-
ment than other hospitals have, should not like-
wise 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 proper place of
relief, not intermingled or coupled with the
basest sort of poor ; which project, though spe-
cious, 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 ac-
cording to the conscience and remembrance of that
they have been, will ever descend to that condi-
tion, as to profess to live upon alms, and to be-
come a corporation of declared beggars; but
rather will choose to live obscurely, and as it
were to hide themselves with some private
friends: so that the end of such an institution
will be, that it will make the place a receptacle
of the worst, idlest, and most dissolute persons
of every profession, and to become a cell of loi-
terers, 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
particular would give a man a small encourage-
ment 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 eyesore,
a scandal and seed of peril and tumult in the state.
But chiefly it were to be wished, that such a be-
neficence towards the relief of the poor were so
bestowed, as not only the mere and naked poor
should be sustained, but, also, that the honest
person which hath hard means to live, upon whom
the poor are now charged, should be in some sort
eased : for that were a work generally acceptable
ADVICE ABOUT THE CHARTERHOUSE.
241
Id the kingdom, if the public hand of alms might
spare t!ie private hand of tax: and, therefore, of
all other employments of that kind, I commend
most houses of relief and correction, which are
nixed hospitals; where the impotent person is re-
lieved, and the sturdy beggar buckled to work ; and
the unable person also not maintained to be idle,
which is ever joined with drunkenness and im-
purity, but is sorted with such work as he can ma-
nage and perform ; and where the uses are not dis-
tinguished, 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 them-
selves 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, hut 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 ordi-
nance, subject to a regular visitation, as this may
be. And, besides, the wsnt hath been commonly
in houses of correction of a competent and certain
stock, for the materials of the labour, which in
this case may be likewise supplied.
Concerning the advancement of learning, I do
subscribe to the opinion of one of the wisest and
greatest men of your kingdom : That for grammar
schools, there are already too many, and, therefore,
no providence to add where there is excess : for
the great number of schools which are in your
highness' s realm, doth cause a want, and doth
cause likewise an overflow ; both of them incon-
venient, and one of them dangerous. For by
means thereof they find wsnt in the country and
towns, both of servants for husbandry, and appren-
tices 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 bear-
ing 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
intention were exalted a degree ; that that which
he meant for teachers of children, your majesty
should make for teachers of men ; wherein it hath
been my ancient opinion and observation, that in
the universities of this realm, which I take to be
of the best endowed universities of Europe, there
is nothing more wanting towards the flourishing
state of learning, than the honourable and plentiful
salaries of readers in arts and professions. In
which point, as your majesty's bounty already
Vol. II.— 31
hath made a beginning, so this occasion is offered
of God to make a proceeding. Surely readers in
the chair are as the parents in sciences, and
deserve to enjoy a condition not inferior to their
children, that embrace the praotical 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,
" Vt patruiii invalid! referent Jejunia natl."
For if the principal renders, through the meanness
of their entertainment, be but men of superficial
learning, and that they shall take their place but
in passage, it will make the mass of sciences
want the chief and solid dimension, which is
depth ; and to become but pretty and compendious
habits of practice. Therefore, I could wish that
in bcth 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 so me 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, 1 say, which, under your majesty,
the most learned of kings, may claim some degree
of elevation.
Concerning propagation of religion, I shall in
few words set before your majesty three proposi-
tions, 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 other-
wise ; for 1 doubt not but there are in Spain, Italy,
and other countries of the Papists, many whose
hearts are touched with a sense of those corrup-
tions, 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 knowing where to have succour
and refuge. This likewise I hold a work of great
piety, and a work of great consequence ; that we
also may be wise in our generation ; snd 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, fimlii <j i
part of Lancashire to be extremely backward in
249
OBSERVATIONS ON A LIBEL.
religion, and the benefices swallowed np in im-
propriations, did, by decree in the duchy, erect
four stipends of 100/. per annum apiece for preach-
ers well chosen to help the harvest, which have
done a great deal of good in the parts where they
have laboured. Neither do there want other cor-
ners in the realm, that would require for a time
the like extraordinary help.
Thus have I briefly delivered unto your ma-
jesty 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,
BBTITLSD
A DECLARATION OF THE TRUE CAU8E8 OF THE GREAT TROUBLES FRE8UPPO8ED TO BE INTENDED
AGAINST THE REALM OF ENGLAND.
It were just and honourable for princes being
in wars together, that howsoever they prosecute
their quarrels and debates by arms and acts of
hostility ; yea, though the wars be such, as they
pretend the utter ruin and overthrow of the forces
and states one of another, yet they so limit their
passions as they preserve two things sacred and
inviolable ; that is, the life and good name each
of other. For the wars are no massacres and con-
fusions ; 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 contro-
versies 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 good fame ; to be such enemies of common
society as are not to be cherished, no, not by
enemies. -For in the examples of times which
were less corrupted, we find that when, in the
greatest heats and extremities of wars, there have
been made offers of murderous and traitorous
attempts against the person of a prince to the
enemy, they have been not only rejected, but also
revealed : and in like manner, when dishonourable
mention hath been made of a prince before an
enemy prince, by some that have thought therein
to please his humour, he hath showed himself,
contrariwise, utterly distasted therewith, and been
ready to contest for the honour of an enemy.
According to which noble and magnanimous I
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 neces-
sarily interlaced with her majesty's own justifi-
cation. So that no man necdeth to doubt but
that those wars are grounded, upon her majesty's
part, upon just and honourable causes, which
have so just and honourable a prosecution; con-
sidering it is a much harder matter when a prince
is entered into wars to hold respect then, and not
to be transported with passion, than to make
moderate and just resolutions in the beginnings.
But now if a man look on the other part,
it will appear that, rather, as it is to be thought,
by the solicitation of traitorous subjects, which
is the only poison and corruption of all honourable
war between foreigners, or by the presumption
of his agents and ministers, 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 show by such miraculous dis-
coveries, 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 pate through
OBSERVATIONS ON A LIBEL.
24a
the world in all language* against her majesty
and her goTernment; sometimes pretending the
gravity and authority of ohurch stories to move
belief; sometimes formed into remonstrances
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 insinuate their untruths and abuses to
the world. And, indeed, let a man look into
them, and he shall find them the only triumphant
lies that ever were confuted by circumstances
of time and place; confuted by contrariety in
themselves, confuted by the witness of infinite
persons that live yet, and have had particular
knowledge of the matters; but yet avouched
with such asseveration, as if either they were
fallen into that strange disease of the mind,
which a wise writer describeth in these words,
"fingunt simul creduntque ;" or as if they had
received it as a principal precept and ordinance
of their seminaries, "audacter calumniari, semper
aliquid hsret;" 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 humour-
ous 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 put
cometh a libel, pretending thereby to keep in life
the party, which within the realm is contrary to
the state, wherein they are as wise as he that
thinketh to kindle a fire by blowing the dead
ashes ; when, I say, a man looketh into the cause
and ground of 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
herself, so have they not forgotten to do the same
in her principal servants and counsellors ; think-
ing, 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 malcontents within the realm;
imagining also, that it was like they should be
more scattered here, and freelier dispersed ; and
also should be less odious to those foreigners
which were not merely partial and passionate,
who have for the most part in detestation the
traitorous libellings of subjects directly against
their 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 libel is entitled, "A
declaration of the true causes of the great trou-
bles presupposed to be intended against the realm
of England ;" and hath a semblance 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 whom will remain in this land, when
all these libels shall be extinct and forgotten;
according to the Scripture, "Memoria justi cum
laudibus, at impiorum nomen putrescet." But it
is more than evident, by the parts of the same
book, that the author's malice was to her majesty
and her 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 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 1 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,
344
OBSERVATIONS ON A LIBEL.
not in form of a just answer, lest 1 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 Eng-
land, whether it may be truly vouched to be
prosperous or afflicted.
HI. Of the proceedings against the pretended
Catholics, whether they have been violent, or
moderate, and necessary.
IV. Of the disturbance of the quiet of Chris-
tendom, 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.
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 irapudency that these
men are grown into, in publishing and avouching
untruths; with a particular recital of some of
them for an essay.
1. Of the scope or drift of the libeller.
It is good advice, in dealing with cautelous and
malicious persons, whose speech is ever at dis-
tance with their meanings, "non quid dixerint,
sed quo spectarint, videndum:" a man is not to
regard what they affirm, or what they hold ; but
what they would convey under their pretended
discovery, and what turn they would serve. It
soundeth strangely in the ears of an 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 t Or, not believing it,
doth he think it possible to make us believe it 1
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 Ian-
guages ; and, no doubt, the man was not so simple
as to think he could persuade the people of Eng-
land the contrary of what they taste and feel.
But he thought he might better abuse the states
abroad, if he directed his speech to them who
could best convict him, and disprove him if he
said untrue; so that, as Livy saith in the like
case, "jEtolos magis, coram quibus verba fa-
cerent, quam ad quos, pensi habere ;" That the
jEtolians, in their tale, did more respect those
who did overhear them, than those to whom they
directed their speech : so in this manner this fel-
low 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 gene-
ral 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 incredi-
ble 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 a one as was
never noted for an imperious or overruling man;
and to say, that though he carried them not by
violence, yet he compassed them by device, there
is no man of judgment that looketh into the na-
ture of these times, but will easily descry that
the wits of these days are too much refined for
any man to walk invisible, or to make all the
world his instruments ; and, therefore, no, not in
this point assuredly, the libeller spake as he
thought; but this he foresaw, that the imputa-
tion of cunning doth breed suspicion, and the
imputation of greatness and sway dcth 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 great-
ness, 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 ex-
tinguished it by any popular or insinuative car-
riage of himself; and this no doubt was his
second drift.
A third drift was, to assay if he could supplant
and weaken, by this violent kind of libelling, and
turning the whole imputation upon his lordship,
his resolution and courage ; and to make him pro-
ceed more cautelously, and not so thoroughly 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; "difficile est tacere, cum doleas." The
humours of these men being of themselves
OBSERVATIONS ON A LIBEL.
245
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 writ-
ten, of the meanest workmanship ; being fraught-
ed with sundry base scoffs, and cold amplifica-
tions, 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 prosperous or afflicted.
The benefits of almighty God upon this land,
since the time that in his singular providence he
led as it were by the hand, and placed in the
kingdom, his servant our queen, Elizabeth, are
such as, not in boasting, or in confidence of our-
selves, but in praise of his holy name, are worthy
to be both considered and confessed, yea, and
registered in perpetual memory : notwithstanding,
I mean not after the manner of a 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 judg-
ment, 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 miseT, aut
felix, nisi comparatus;" whether we shall, keep-
ing ourselves within the compass of our own
island, look into the memories of times past, or
at this present time take a view of other states
abroad in Europe, we shall 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 jus-
tice, policy of government, manners, civility,
learning and liberal sciences, industry and ma-
nual arts, arms and provisions of wars for sea and
land, treasure, traffic, improvement of the soil,
population, honour and reputation, it will appear
that, taking one part with another, the state of
this nation was never more flourishing.
It is easy to call to remembrance, out of his-
tories, the kings of England which have in more
ancient times enjoyed greatest happiness ; besides
her majesty's father and grandfather, that reigned
in rare felicity, as is fresh in memory. They
t have been King Henry I., King Henry II., King
Henry III., King Edward I., King Edward III.,
King Henry V. All which have been princes of
royal virtue, great felicity, and famous memory.
Bnt 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 re-
spects laid together, reigned with such felicity
as her majesty hath done. For as for the first
three Henrys, the first came in too soon after a
conquest; the second too soon after an usurpa-
tion; and the third too soon after a league, or
barons' war, to reign with security and contenta-
tion. King Henry I. also had unnatural wars
with his brother Robert, wherein much nobility
was consumed : he had therewithal tedious wars
in Wales; and was not without some other sedi-
tions and troubles; as, namely, the great contesta-
tion of his prelates. King Henry II., his happi-
ness 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 con-
tinual wars in Wales, was, after forty-four years1
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 judg-
ment; 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
conquest 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 mortalities; 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 comforted. Besides, he entered
hardly; and, again, according to the verse, "ce-
debant ultima prirais," his latter times were not
so prosperous. And for King Henry V., as his
success was wonderful, so he wanted continu-
ance; 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 ; consider-
ing, 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 to
x2
946
OBSERVATIONS ON A LIBEL.
many bishops of Rome. Yea, every state in ;
Christendom, except Spain, have received sundry !
successions. And for the King of Spain, he is
waxed so infirm, and thereby so retired, as the
report of his death serveth for every year's news :
whereas her majesty, thanks be given to God, \
being nothing decayed in vigour of health and
strength, was never more able to supply and sus-
tain the weight of her affairs, and is, as far as '
standeth with the dignity of her majesty's royal |
state, continually to be seen, to the great comfort
and 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 pesti-
lence; so are there three benedictions, peace,
plenty, and health. Whereas, therefore, this
realm hath been visited in times past with sun-
dry kinds of mortalities, as pestilences, sweats,
and other contagious diseases, it is so, that in her
majesty's times, being of the continuance afore-
said, there was only, towards the beginning of
her reign, some sickness, between June and Fe-
bruary, 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 so grievous and so sweeping as it
hath been sundry times heretofore, yet it was
great in respect of the health which hath followed
since ; which hath been such, especially of late
years, as we began to dispute and move questions
of the causes w hereunto it should be ascribed,
until such time as it pleased God to teach us that
we ought to ascribe it only to his mercy, by
touching us a little this present year, but with a
very gentle hand ; and such as it hath pleased
him since to remove. But certain it is, for so
many years together, notwithstanding the great
pestering of people in houses, the great mul-
titude of strangers, and the sundry voyages by
seas, all of 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 a one as was repressed within the
space of seven weeks, and did not waste the
realm so much as by the destruction or depopula- '
tion 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 ambassador*
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 ap-
pearance. 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 progenitors, have been victorious
in their wars, and have made many famous and
memorable voyages and expeditions into sundry
parts; and that her majesty, contrariwise, from
the beginning, put on a firm resolution to content
herself within those limits of her dominions
which she received, and to entertain peace with
her neighbour princes; which resolution she
hath ever since, notwithstanding she hath 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 expense of blood so precious as
Christians ought to do, the peaceable govern
ment of Augustus Cesar was ever as highly es-
teemed as the victories of Julius his uncle; and
that the name of «< pater patriae " was ever as
honourable as that of "propagator imperii."
And this I add further, that during this inward
peace of so many years in the actions of war be-
fore mentioned, which her majesty, either in her
own defence or in just and honourable aids, hath
undertaken, the service hath been such as hath car-
ried no note of a people, whose militia hath
degenerated through long peace; but hath every
way answered the ancient reputation of the Eng-
lish arms.
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 sumceth 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 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 till-
age, 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
grai n and victual were never of late years more
reasonable. Now, for arguments of the great
wealth in all other respects, let the points follow-
ing be considered.
There was never the like number of fair and
stately houses as have been built and set up from
OBSERVATIONS ON A LIBEL.
947
the ground since her majesty's reign; insomuch,
that there hmye 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
thousand pounds.
There were never the like pleasures of goodly
gardens and orchards, walks, pools, and parks,
as do adorn almost every mansion-house.
There was never the like number of beautiful
and costly tombs, and monuments which are
erected in sundry churches, in honourable me-
mory of the dead.
There never was the like quantity of plate,
jewels, sumptuous moveables, and stuff, as is now
within the realm.
There was never the like quantity of waste and
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
customed 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 handicrafts 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 popula-
tion and multitude of families increased within
her majesty's days : for which point I refer my-
self to the proclamations of restraint of building
in London, the inhibition of inmates of sundry
cities, the restraint of cottages by act of parlia-
ment, 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 singularities and particulars of her ma-
jesty's reign ; wherein I do not say, that we have
enjoyed them in a more ample degree and propor-
tion than in former ages, as it hath fallen out in
the points before mentioned, but such as went in
effect unknown and untasted heretofore. As,
first, the purity of religion, which is a benefit in-
estimable, 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 pu-
rity 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 un-
profitably spent in monasteries, into such hands
as by whom the realm receiveth at this day ser-
vice and strength ; and many great houses havo
been set up and augmented. The third, the ma-
naging and enfranchising of the regal dignity
from the recognition of a foreign superior. All
which points, though begun by her father, and
continued by her brother, were yet, nevertheless,
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 heaven-
ly treasure, was common to her majesty with her
father 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 bearing the natural estimation of the
stamp or mark, both every man resteth assured of
his own value, and free from the losses and de-
ceits which fall out in other places upon the ris-
ing and falling of moneys.
Thirdly, the might of the navy and augmenta-
tion of the shipping of the realm ; which, by po-
litic constitutions for maintenance of fishing, and
the encouragement and assistance given to the
undertakers of new discoveries and trades by
sea, is so advanced, as this island is become, as
the natural site thereof deserveth, the lady of
the sea.
Now, to pass from the comparison of time to
the comparison of place, we may find in the states
abroad cause of pity and compassion in some ;
but of envy or emulation in none ; our condition
being, by the good favour of God, not inferior
to 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 Catholics, royalists and leaguers,
Bourbonists and Lorainists, patriots and Spanish ;
as it seemeth God hath some great work to bring
to pass upon that nation : yea, the nobility
divided from the third estate, and the towns from
the field. All which miseries, truly to speak,
have been wrought by Spain and the Spanish
faction.
The Low Countries, which were, within the
age of a young man, the richest, the beet peopled,
S48
OBSERVATIONS ON A LIBEL.
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 otherwise; yet they cannot but
mourn for their distraction from the rest of their
body.
The kingdom of Portugal, which of late times,
through their merchandising and places in the
East Indies, was grown to be an opulent king-
dom, is now at the last, after the unfortunate
journey of Afric, in that state as a country is like
to be, that is reduced under a foreigner by con-
quest ; and such a foreigner as hath his competi-
tor in title, being a natural Portugal and no
stranger; and having been once in possession,
yet in life : whereby his jealousy must necessa-
rily be increased, and through his jealousy their
oppression : which is apparent, by the carrying
of many noble families out of their natural coun-
tries 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 pre-
sent, by the good regiment and wise proceeding
of the king, they enjoy good quiet; yet since our
peace it hath passed through no small troubles,
and remaineth full of boiling and swelling hu-
mours ; but like, by the maturity of the said king
every day increasing, to be repressed.
The kingdom of Poland is newly recovered out
( f great wars about an ambiguous election. And,
besides, is a state of that composition, that their
king being elective, they do commonly choose
rather a stranger than one of their own country :
a great exception to the flourishing estate of any
kingdom.
The kingdom of Swedeland, besides their
foreign wars upon their confines, the Muscovites
and the Danes, hath been also subject to divers
intestine tumults 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 king-
dom 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 overawed by the
Spaniard, that possesseth the two principal mem-
bers thereof, and that in the two extreme parts,
as they be like quillets of freehold, being inter-
mixed in the midst of a great honour or lordship ;
so a8 their 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 (notwithstanding their new great alliance
with Spain, whereupon they waxed insolent, to
design to snatch up some piece of France, after
the dishonourable repulse from the siege of
Geneva) been often distressed 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 show us oar happiness ;
and the good estates of other places, which we do
congratulate with them for, is such, nevertheless,
as doth not stain and exceed ours ; but rather doth
still leave somewhat, wherein we may acknow-
ledge 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
against it, by their device of the inquisition,
which is a bulwark against the entrance of the
truth of God ; having, in recompense of their new
purchase of Portugal, lost a great part of their
ancient partrimonies of the Low Countries, be-
ing of far greater commodity and value, or at the
least holding part thereof in such sort as most of
their other revenues are spent there upon their
own ; having lately, with much difficulty, rather
smoothed and skinned over, than healed and ex-
tinguished the commotions of Arragon; having
rather sowed troubles in France, than reaped as-
sured 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 fortunate achieving;
and in their enterprising, rather of doing things
by treasure and expense, than by forces and
valour.
OBSERVATIONS ON A LIBEL.
§49
it I have given the reader a taste of
Mpectively, and in comparison of the
and of the states abroad, I will de-
ixamine the libeller's own divisions,
let the world judgo how easily and
ink, which he hath cast in our faces,
off.
. branch of the pretended calamities of
is the great and wonderful confusion
saith, is in the state of the church ;
ibdivided again into two parts : the one,
itions against the Catholics : the other,
a and controversies amongst ourselves :
of which two parts I have made an
itself; wherein I have set down a
imple narration of the proceedings of
■t that sort of subjects ; adding this by
tat there are two extremities in state
the causes of faith and religion ; that
kit permission of the exercises of more
ban one, which is a dangerous indul-
toleration; the other is the entering
into men's consciences when no overt
given, which is rigorous and strainable
; and I avouch the proceedings towards
ded Catholics to have been a mean
lese two extremities, referring the de-
ft thereof unto the aforesaid narration
les following.
g the division in our church, the li-
oeth that the protestantical Calvinism,
leaseth him with very good grace to
eligion with us established, is grown
le, and detected of idolatry, heresy,
other superstitious abuses, by a puri-
professors of the same gospel. And
lion is yet grown to be more intricate,
of a third kind of gospellers, called
; who, being directed by the great fer-
9 unholy ghost, do expressly affirm,
rtestantical Church of England is not
the name of Christ, but of Antichrist ;
the prince or magistrate under her do
efer to reform the church, the people
Mt her consent, take the reformation
*wn hands : and hereto he addeth the
ageant of Hacket. And this is the
is accusation in this point.
rer whereunto, first, it must be remem-
the church of God hath been in all
et to contentions and schisms: the
not sown but where the wheat was !
e. Our Saviour Christ delivered it for !
i
o have outward peace ; saying, " when
tan is in possession of the house,"
e devil, " all things are in peace." It
lition of the church to be ever under
there are but two trials ; the one of per-
e other of scandal and contention ; and
ne eeaseth, the other succeedeth : nay,
iroe any one epistle of St. Paul's unto
the churches, bat containeth some reprehension
of unnecessary and schismatics! controversies.
So, likewise, in the reign of Constantino the
Great, after the time that the church had obtained
peace from persecution, straight entered sundry
questions and controversies, about no less matters
than the essential parts of the faith, and the high
mysteries of the Trinity. But reason teacheth
us, that in ignorance and 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
worth the falling out for ; so as it is weak di-
vinity to account controversies an ill sign in the
church.
It is true that certain men, moved with an in-
considerate detestation of all ceremonies or orders,
which were in use in the time of the Roman re-
ligion, 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 undu-
tifully, 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
prosecution exceeded, in the generality, the nature
of some inferior contempts : so as they have been
far from heresy and sedition, and therefore rather
offensive 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, suppressed and worn out; so as there is
scarce any news of them. Neither had they
been much known at all, had not Brown their
leader written a pamphlet, wherein, as it came
into his head, he inveighed more against logic and
rhetoric, 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 ordinaries, and
there learned to argue in table talk, and so wis
very much known in the city and abroad, made a
leap from a vain and libertine youth, to a precise-
ness 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 1 note nowhere 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 ehurok, to btntohtd end
OBSERVATIONS ON A LIBEL.
extinct. But so much we see, that the diseases
wherewith our church hath been visited, whatso-
ever 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 here-
tic, 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 Hacket
out of a window pass to his execution ; said she
to herself, "It was foretold that in the latter
day9 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
examples are very many, where, according to the
nature and degree of the offence, the correction of
such offenders hath not been neglected.
These be the great confusions whereof he hath
accused our church, which I refer to the judgment
of an indifferent and understanding person, how
true they be : ray 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 shows 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 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 the consideration of the security wherein, not
by our policy, but by the good providence and pro-
tection of God, we stand at this time, I do find it
to be a security of that nature and kind, which
Iphicrates the Athenian did commend ; who being
a commissioner to treat with the state of Sparta
upon conditions of peace, and hearing the other
side make many propositions touching security,
interrupted them, and told them, there was but one
manner of security 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 ns,
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 cause of the
disturbance 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 force of any enemy, I
do find that England hath sometimes apprehended
with jealousy the confederation between Francs
and Scotland ; the one being upon the same
continent that we are, and breeding a soldier
of puissance and courage, not much differing
from the English: the other, a kingdom very
opulent, and thereby able to sustain wars, though
at very great charge ; and having a brave nobility;
and being a near neighbour. And yet of this
conjunction there never came any offence of
moment : but Scotland was ever rather used by
France as a diversion of an English invasion upon
France, 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 agaiost
us might have been of some terror to us. Bat
now it is evident, that the state of France is such
as both those conjunctions are become impossible:
it resteth that either Spain with Scotland should
offend us, or Spain alone. For Scotland, thanki
be to God, the amity and intelligence is so aosnd
and secret bet ween the two crowns, being strength-
ened 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 overthrow 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 shculd
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 a
physician should not doubt sometimes to purge
his patient, though he seem very weak, entereth
into a distinction of weakness ; and saith, therei*
a weakness of spirit, and a weakness of body;
the latter whereof he com pa re th unto a man that
were otherwise very strong, hut had a great pack
on his neck, so great as made him double again*
so as one might thrust hira down with his fing":
which similitude and distinction both may he fitly
applied to matter of state; for some states tre
OBSERVATIONS ON A LIBEL.
851
High want of means, and some weak
xcess of burden ; in which rank 1 do
state of Spain, which having outcom-
alf in embracing too much ; and being
i barren seed-plot of soldiers, and much
lid exhausted of men by the Indies, and
tal wars ; and as to the state of their
teing indebted and engaged before such
they waged so great forces in France,
fore, much more since, is not in brief an
be feared by a nation seated, manned,
and policed as is England.
it this spoken by guess, for the ex-
tras substantial enough, and of fresh
in the late enterprise of Spain upon
what time all that goodly shipping,
that voyage was consumed, was cora-
at time his forces in the Low Countries
full and entire ; which now are wasted
th part; what time also he was not
with the matters of France, but was
j to receive assistance than impediment
friends there, in respect of the great
lerein the league then was, while the
fuise then lived ; and yet, nevertheless,
preparation passed away like a dream,
tcible navy neither took any one bark
sither yet once offered to land ; but after
been well beaten and chased, made a
ition about the northern seas ; ennobling
its with wrecks of mighty ships ; and so
orae with greater derision than they set
expectation.
ire shall not need much confederacies
era, which he saith we want for break-
le Spanish invasion, no, though the
should nestle in Britain, and supplant
h, and get some port towns into their
ire, which is yet far off, yet shall he
to eommodiously seated to annoy us, as
kept the Low Countries : and we shall
r him as a wrangling neighbour, that
aae now and then upon some straggling
Mrs, than as an invader. And as for
leracies, God hath given us both means
M to tender and relieve the states of
id therefore our confederacies are rather
than such as we depend upon. And
theless, the Apostatas and Huguenots
i on the one part, for so he termeth the
lility in a manner of France, among the
Teat part is of his own religion; which
the clear and unblemished title of their
id natural king against the seditious
and the beer-brewers and basket-makers
d and Zealand, as he also terms them,
er, have almost brandied away between
he Duke of Parma's forces ; and I sup-
ery mines of the Indies will go low, or
Hie be ruined, or the other recovered.
fain desire we better confederacies and
leagues than Spain itself hath provided for us :
44 Non enim verbis feeders confirmantur, sed iisdem
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 ene-
mies : wherein my meaning is nothing less than
to attribute our felicity to our policy; or to nou-
rish ourselves in the humour of security. But I
hope we shall depend upon God and be vigilant;
and then it will be seen to what end these false
alarms will come.
In the third branch of the miseries of England,
he taketh upon him to play the prophet, as he
hath in all the rest played the poet; and will
needs divine or prognosticate the great troubles
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 extraordinary grace in telling
truth of the time to come; or, as if the effect of
the pope's curses of England were upon better
advice adjourned to those days. It is true, it will
be misery enough for this realm, whensoever it
shall be, to lose such a sovereign: but, for the
rest, we must repose ourselves upon the good
pleasure of God. So it is an unjust charge in the
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 suc-
cession in monarchies to be at times leas 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 suc-
cessor. The Duke of Orleans succeeded Charles
VIII. of France, but was never declared successor
in his time. Monsieur d'Angulesme also suc-
ceeded him, but without any designation. Sons
of kings themselves oftentimes, through desire to
OBSERVATIONS ON A LIBEL.
reign and to prevent their time, wax dangerous
to their parents: how much more cousins in a
more remote degree 1 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 a heathen, that
ever was, at what time the emperors did use to
design successors, not so much to avoid the un-
certainty of succession, as to the end to have
"participes curarum" for the present time, be-
cause their empire was so vast ; at what time also,
adoptions were in use, and himself had been
adopted ; yet never designed a successor, but by
his last will and testament, which also was
thought to be suborned by his wife Plotina in
the favour of her lover Adrian.
You may be sure that nothing hath been done
to prejudice the right; and there can be but one
right. But one thing I am persuaded of, that no
King of Spain, nor Bishop of Rome, shall umpire
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.
And so much for this third branch.
The fourth branch he maketh to be touching the
overthrow of the nobility, and the oppression of
the people: wherein though he may percase
abuse the simplicity of any foreigner; yet to an
Englishman, or any that heareth of the present
condition of England, he will appear to be a man
of singular audacity, and worthy to be employed
in the defence of any paradox. And, surely, if
he would needs have defaced the general state of
England, at this time, he should in wisdom rather
have made some frierly declamation against the
excess of superfluity and delicacy 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 they are at this day.
One reason why the possessions are less, I con-
ceive to be, because certain sumptuous veins and
humours of expense, as apparel, gaming, main-
taining 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 fao
tiously to depend upon noblemen, whereof ensued
many partialities and divisions, besides mack
interruption of justice, while the great ones did
seek to bear out those that did depend upon them.
So as the kings of this realm, finding long sines
that kind of commandment in noblemen unsafe
unto their crown, and inconvenient unto their
people, thought meet to restrain the same by pro-
vision 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 privileges in parliament, court,
and country. So, likewise, for the countenance
of her majesty and the state, in lieutenancies,
commissions, offices, and the like, there was
never a more honourable and graceful regard had
of the nobility ; neither was there ever a more
faithful remembrancer and exacter of all these
particular pre-eminencies unto them ; nor a more
diligent searcher and register of their pedigrees,
alliances, and all memorials of honour, than that
man, whom he chargeth to have overthrown the
nobility ; because a few of them by immoderate
expense are decayed, according to the humour of
the time, which he hath not been able to resist,
no, not in his own house. And as for attainders,
there have been in 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 Westmoreland, were such, as,
whether it were by favour of law or government,
their heirs have, or are like to have, a great part
of their 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 " Multiplicainini," 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 citixens were numbered
OBSERVATIONS ON A LIBEL.
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 men in every shire, of
"Yicesimo" 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 dan-
gerous 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 cashiering and disbanding of soldiers, many
have endured necessity.
For the stopping of traffic, as I referred myself
to the muster-books for the first, so I refer myself
to the 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 in-
crease. We know of many in London and other
places that are within a small time greatly come
up and made rich by merchandising : and a man
may speak within his compass, and affirm, that
our prizes by sea hare countervailed any prizes
upon us.
And, as to the justice of this realm, it is true,
that cunning and wealth have bred many suits
and debates in law. But let those points be con-
sidered : 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 pro-
moters, and for the bettering of trials ; the example
of severity which is used in the Star Chamber, in
oppressing forces and frauds ; the diligence and
stoutness that is used by justices of assizes, in
encountering all countenancing and bearing ot
causes in the country, by their authorities and
wisdom ; the great favours that have been used
towards copy holders and customary tenants, which
were in ancient times merely at the discretion
and mercy of the lord, and are now continually
relieved from hard dealing, in chancery and other
courts of equity : I say, let these and many other
points be considered, and men will worthily con-
ceive an honourable opinion of the justice of
England.
Now to the points of levies and distributions
of money, which he calleth exactions. First, very
coldly, he is not abashed to bring in the gathering
for Pan 1*8 steeple and the lottery trifles ; whereof
the former, being but a voluntary collection of
that men were freely disposed to give, never grew
to so great a sum as was sufficient to finish the
work for which it was appointed : and so, I ima-
gine, 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 particu-
lar persons, and only allowed by the state, being
as a grain 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 ho mentioneth loans and privy
seals : wherein he showeth great ignorance and
indiscretion, considering the payments back again
have been very good and certain, and much for
her majesty's honour. Indeed, in other 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 griev-
ance. He reckoneth also new customs upon
cloths, and new impost upon wines. In that of
cloths, he is deceived ; 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 continued by her majesty, except
he mean the computation of the odd yards, which
in strict duty was ever answerable, though the
error were but lately looked into, or lather the
toleration taken away. And to that of wines,
being a foreign merchandise, and but a delicacy,
and of those which might be forborne, there hath
been some increase of imposition, which can
rather make the price of wine higher, 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 dissipa-
tion of treasure, which have been familiar to
many kings: so have they been yielded with
great good-will and cheerfulness, as may appear
S54
OBSERVATIONS ON A LIBEL.
by other kinds of benevolence, presented to her
likewise in parliament; which her majesty never-
theless 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 everywhere in use, will find that the English-
man is the most master of his own valuation, and
the least bitten in his purse of any nation of Eu-
rope. Nay, even at this instant in the kingdom
of Spain, notwithstanding the pioneers do still
work in the Indian mines, the Jesuits most play
the pioneers, and mine into the Spaniards' purses ;
and, under the colour of a ghostly exhortation,
contrive the greatest exaction that ever was in any
realm.
Thus much, in answer of these calumniations,
I have thought good to note touching the present
state of England ; which state is such, that 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 instruc-
tion 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 con-
tempt, though coloured with the pretences of con-
science and religion.
According to these two principles, her majesty,
at her coming to the crown, utterly disliking of
the tyranny of the church of Rome, which had
used by terror and rigour to seek commandment
over men's faiths and consciences; although, as
a prince of great wisdom and magnanimity, she
suffered but the exercise of one religion, yet her
proceedings towards the Papists 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 subject, 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 affir-
mations, tempered her law so, as it restrained!
only manifest disobedience in impugning and im-
peaching 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 ex-
communicated her majesty, and the bill of ex-
communication was published in London, where-
by her majesty was in a sort proscribed, and all
her subjects drawn upon pain of damnation from
her obedience; and that thereupon, as upon a
principal motive or preparative, followed the re-
bellion in the north; yet, notwithstanding, be-
cause 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
case of bringing in, or publishing of bulls or the
like instruments; w hereunto was added a prohi-
bition, not upon pain of treason, but of an infe-
rior 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 en-
chant and bewitch the people's affections from
their allegiance to their natural sovereign. 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 foreign-
er ; 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 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 sub-
mit themselves to reconcilements or renunciations
of obedience. For it is to be understood, that
this manner of reconcilement in confession, is of
OBSERVATIONS ON A LIBEL.
266
the same nature and operation that the bull itself
was of, with this only difference, that whereas
the bull assoiled the subjects from their obedi-
ence at once, the other doth it one by one. And
therefore it is both more secret, and more insinu-
ative 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 sel-
dom to light; and that there was no presumption
thereof so great as the recusants to come to di-
vine service, because it was set down by their
decrees, that to come to church before reconcile-
ment, was to live in schism; but to come to
church after reconcilement, was absolutely here-
tical 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 re-
cusancy, which is challenged to be so extreme
and rigorous, were thus qualified, that any recu-
sant that shall voluntarily come in and take his
oath, that he or she were never reconciled, should
immediately be discharged of the penalty and
forfeiture of the law ; they would be so far from
liking well of that mitigation, as they would cry
out it was made to entrap them. And when, not-
withstanding all this provision, this poison was
dispersed so secretly, as that there were no means
to stay it, but to restrain the merchants that
brought it in; then was there lastly added a law,
whereby such seditious priests of the new erec-
tion were exiled ; and those that were at that time
within the land shipped over, and so commanded
to keep hence upon pain of treason.
This hath been the proceeding with that sort,
though intermingled not only with sundry ex-
amples of her majesty's grace, towards such as
io her wisdom she knew to be Papists in con-
science, and not in faction ; but also with an ex-
traordinary mitigation towards the offenders in
the highest degree convicted by law, if they
would protest, that in case this realm should be
invaded with a foreign army, by the pope's au-
thority, for the Catholic cause, as they term it,
they would take part with her majesty, and not
adhere to her enemies.
And whereas he saith no priest dealt in matter
of state, Ballard only excepted ; it appeareth by
the records of the confession of the said Ballard,
and sundry other priests, that all priests at that
time generally were made acquainted with the
invasion then intended, and afterwards put in
act; and had received instructions not only to
move an expectation in the people of a change,
but also to take their vows and promises in shrift
to adhere to the foreigner ; insomuch that one of
their principal heads vaunted himself in a letter
of the 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 fac-
tion; 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 mat-
ter of conscience, and thinketh it reason it should
have free exercise throughout the land.
IV. Of the disturbance of the quiet of Chris-
tendom ; and to what causes it may be justly as-
signed.
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 pro-
ceedings of Spain and England.
The states, then, which answered to these two
now, were Macedon and Athens. Consider,
therefore, the resemblance between the two
Philips, of Macedon and Spain; he of Macedon
aspired to the monarchy of Greece, as he of Spain
doth of Europe; but more apparently than the
first, because that design was discovered in his
father Charles V., and so left him by descent ;
whereas Philip of Macedon was the first cf 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 fac-
tions in states, and by obliging sundry particular
persons of greatness. The state of opposition
against his ambitious proceedings was only the
state of Athens, as now is the state of England
against Spain. For Laced aem on and Thebes
were both low, as France is now ; and the rest
of the states of Greece were, in power and terri-
tories, far inferior. The people of Athens were
exceedingly affected to peace, and weary of ex-
pense. 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 pro-
jects 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 declara-
tions of the King of Macedon, and by the imputa-
tion of such Athenians as were corrupted to be of
**6
OBSERVATIONS ON A LIBEL.
his faction, as the kindlers of troubles, and dis-
turbers of the peace and leagues : but as that
party was in Athens too mighty, so as it discoun-
tenanced 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 he hoped that in a
monarchy, where there are commonly better in-
telligences 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 libeller in his own course ;
the sum of that which he delivereth concerning
the imputation, as well of the interruption of the
amity between the crowns of England and of
Spain, as the disturbance of the general peace of
Christendom, unto the English proceedings, and
not to the ambitious appetites of Spain, may be
reduced into three points.
1. Touching the 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 Eng-
land, to pen and propose for the treating and con-
cluding of a universal peace.
In the first he disco vereth how the Kingf 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 Countries ; nor unto Por-
tugal, till it was devolved to him in title, upon
which he confineth by Spain ; but contrariwise,
as one that had in precious regard the peace of
Christendom, he designed from the beginning 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, espe-
cially being their own subjects : whereas, on the
other side, " England," as he amrmeth, u hath
not only sowed troubles and dissensions in
France and Scotland, the one their neighbour
upon the continent, the other divided only by the
narrow seas, but also hath actually invaded both
kingdoms. For, as for the matters of the Low
Countries, they belong to the dealings which have
passed by Spain."
In answer whereof, it is worthy the considera-
tion how it pleased God in that king to cross one
passion by another ; and, namely, that passion
which might have proved dangerous unto all
Europe, which was his ambition, by another
which was only hurtful to himself and his own,
which was wrath and indignation towards his
subjects 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 con
quest of the one ; and how himself by marriage
had lately had some possession of the other ; and
seeing that diversity of religion was entered into
both these realms ; and that France was fallei
unto princes weak, and in minority ; and England
unto the government of a lady, in whom he did
not expect that policy of government, magnani-
mity, 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 pa-
tronage and defence of the Roman religion, making
account thereby to have factions in both king-
doms: in England, a faction directly against the
state ; in France, a faction that did consent indeed
in religion with the king, and therefore at first
show should seem un proper 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 un-
doubtedly 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 sines
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 fox
ports and shipping, in respect of England, and
for situations in respect of France, having goodly
frontier towns upon that realm, and joining also
upon Germany, 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 won-
derful 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, hs
knew would he in no wise disposed to either
war: whereupon he resolved to reduce them tot
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 re-
sistance 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 be
found, became passionately bent to reconqoer
those countries ; wherein he hath consumed infi-
OBSERVATIONS ON A LIBEL.
207
nite treasure and forces. And this is the true j
cause, if a man will look into it, that hath made j
the King of Spain so good a neighbour ; namely,
that he was so entangled with the wars of the
Low Countries as he could not intend any other
enterprise. Besides, in enterprising upon Italy, he
doubted first the displeasure of the see of Rome,
with whom he meant to run a course of straight
conjunction; also he doubted it might invite the
Turk to return. And for Germany, he had a
fresh example of his rather, who, when he had an-
nexed unto the dominions which he now possess-
ed, the empire of Almsign, nevertheless sunk in
that enterprise; whereby he preceived 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 pre-
tence; 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 hereporteth, 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
Guicciardine, a wise writer of history, speaketh
of his great-grandfather, making a judgment of
him as historiographers 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 tak-
ing of the French king, prohibited all ringings,
and bonfires, and other tokens of joy ; and said,
those were to be reserved for victories upon infi-
dels ; on whom he meant never to war. Many a
cruxado hath the Bishop of Rome granted to him
and his predecessors upon that colour, which
all have been spent upon the effusion of Christian
blood : and now this year the levies of Germans,
which should have been made 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 threaten-
ed the commissioners to hang the next that should
offer the like abuse: so that this form of dissem-
bling is familiar, and, as it were, hereditary to the
King of Spain.
And as for his succours given to the French
king against the Protestants, he could not choose
but accompany the pernicious counsels which
■till he gave to the French kings, of breaking
their edicts, and admitting of no pacification, but
punning their subjects with mortal war, with
tome offer of aids; which having promised, he
coald not but in some small degree perform :
Vol. IL—33
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 me-
moirs (,{ these affairs, that the troubles of those
kingdoms were indeed chiefly kindled by one and
the same family of the Guise : a family, as was
partly touched before, as particularly devoted now
for many years together to Spain, as the order of
the Jesuits is. This house of Guise, having of
late years extraordinarily flourished in the emi-
nent 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 con-
sanguinity and religion, they brought into Scot-
land in the year 1559, and in the absence of the
king and queen, French forces in great numbers;
whereupon the ancient nobility of that realm,
seeing the imminent danger of reducing that king-
dom under the tyranny of strangers, did pray, ac-
cording 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 de-
grees, and the state to peace.
After, when certain noblemen of Scotland of
the same faction of Guise had, during the minori-
ty 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 required : and with the forces of her
majesty prevailed so far, as to be possessed of the
castle of Edinburgh, the principal part of that
kingdom ; which, nevertheless, her majesty incon-
tinently with all honour and sincerity restored,
after she had put the king into good and faithful
hands ; and so, ever since, in all the occasions of
intestine troubles, whereunto that nation hath
been ever subject, she hath performed unto the
king all possible good offices, and such as he doth
with all good affection acknowledge.
The same house of 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
and moved civil wars under pretense of
T 9
OBSERVATIONS ON A LIBEL.
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, never-
theless, when as afterwards, having, by the repu-
tation of her majesty's confederation, made their
peace in effect as they would themselves, they
would, without observing any conditions that had
passed, have had it back again ; then, indeed, it
was held by force, and so had been long, but for
the great mortality which it pleased God to send
amongst our men. After which time, so far was
her majesty from seeking to sow or kindle new
troubles, as continually, by the solicitation of her
ambassadors, she still persuaded the kings, both
Charles IX. and Henry III., to keep and observe
their edicts of pacification, and to preserve their
authority by the union of their subjects ; which
counsel, if it had been as happily followed as it
was prudently and sincerely given, France had
been at this day a most flourishing kingdom, which
is now a theatre of misery : and now, in the end,
after that the ambitious practices of the same house
of Guise had grown to that ripeness, that, gather-
ing farther strength upon the weakness and mis-
government of the said King Henry HI., he was
fain to execute the Duke of Guise without cere-
mony, at Blois. And yet, nevertheless, so many
men were embarked and engaged in that con-
spiracy, as the flame thereof was nothing as-
suaged ; but, contrariwise, 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 quarrel, 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 continued amity and good intelligence which
her majesty 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 other states ;
that of Spain, or that of England. Now let
us examine the proceedings reciprocal between
themselves.
Her majesty, at her coming to the crown, found
her realm entangled with the wars of France and
Scotland, her nearest neighbours; which wars
were grounded only upon the Spaniard's quarrel ;
but in the pursuit of them had lost England, the
town of Calais : which, from the twenty-first of
King Edward HI., had been possessed by the
kings of England. There was a meeting near
Bourdeaux, towards the end of Queen Mary's
reign, between the commissioners of Francs,
Spain, and England, and some overture of peaes
was made ; but broke off upon the article of the
restitution of Calais. After Queen Mary's death,
the King of Spain, thinking himself discharged
of that difficulty, though in honour he was no less
bound to it than before, renewed the like treaty,
wherein her majesty concurred : so as the com-
missioners for the said princes met at Chasteaa
Cambraissi, near Cambray. In the proceedings
of which treaty, it is true, that at the first the
commissioners of Spain, for form and in demon-
stration only, pretended to stand firm upon the
demand of Calais : but it was discerned, indeed,
that the king's meaning was, after some ceremo-
nies 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 kingdom, and, of her own inclination, being
affected to peace, to conclude the same with such
conditions as she might: and yet the King of
Spain in his dissimulation had so much advantage
as she was fain to do it in a treaty apart with the
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 between the two crowns of Spain and
England, by the Lord Cobham, sent unto him, to
acquaint him with the death of Queen Mary;
and afterwards by Sir Thomas Chaloner, and Sir
Thomas Chamberlain, successively ambassador!
resident in his Low Countries; who had order
divers times, during their charge, to make over-
tures 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 ratifications could make them. An
answer strange at that time, but very conformable
to his proceedings since: which belike even then
were closely smothered in his own breast. For
had he not at that time had some hidden alienation
of mind, and design of an enemy towards her
majesty, so wise a king could not be ignorant,
that the renewing and ratifying of
OBSERVATIONS ON A LIBEL.
859
princes and states, do add great life and force,
both of assurance to the parties them selves, 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 : w hereunto
the king's answer was so dark and so cold, that
embrace the offer of any foreigner, then would her
majesty yield them some relief of money, or
permit some supply of forces to go over unto
them ; to the end, to interrupt such violent reso-
lution: and still continued to meditate 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 interchangeably, seeking to
mitigate the wrath of the king, and the despair
nothing could be made of it, till he had made an of the countries, till such time as after the death
exposition of it himself by effects, in the express ' of the Duke of Anjou, into whose hands, accord-
restraint of munition to be carried out of the Low
ing to her majesty's prediction, but against her
Countries, unto the siege of Leith ; because our good liking, they had put themselves, the enemy
nation was to have supply thereof from thence. I pressing them, the United Provinces were re-
Soas in all the negotiations that passed with that ! ceived into her majesty's protection : which was
king, still her majesty received no satisfaction, I after such time, as the King of Spain had dis-
bot more and more suspicious and bad tokens of i covered himself, not only an implacable lord to
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
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
establish amongst them a martial government, long before : but as long as her majesty conceived
which the people, being very wealthy, and
inhabiting towns very strong and defensible by
fortifications both of nature and the hand, could
not endure, there followed the defection and revolt
of those countries. In which action, being the
greatest of all those which have passed between
Spain and England, the proceeding of her majesty
hath been so just, and mingled with so many
honourable regards, as nothing doth so much
dear and acquit her majesty, not only from
passion, but also from all dishonourable policy.
any hope, either of making their peace, or enter-
taining her own with Spain, she would never
hearken thereunto. And yet now, even at last,
her majesty retained a singular and evident proof
to the world, of her justice and moderation, in
that she refused the inheritance and sovereignty
of those goodly provinces ; which, by the states,
with much instance, was pressed upon her; and
being accepted, would have wrought greater con-
tentment and satisfaction, both to her people and
theirs, being countries for the site, wealth, com-
For, first, at the beginning of the troubles, she modity of traffic, affection to our nation, obedience
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 exulcerated as he rejected all counsel that
tended to mild and gracious proceeding, her
majesty, nevertheless, gave not over her honour-
able resolution, which was, if it were possible,
to reduce and reconcile those countries unto the
obedience of their natural sovereign, the King of
Spain ; and if that might not be, yet to preserve
them from alienating themselves to a foreign lord,
as, namely, unto the French, with whom they
much treated ; and amongst whom the enterprise
of Flanders was ever propounded as a mean to
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 them-
selves but conditional subjects to the King of
Spain, more justly than Arragon : and may make
her majesty as justly esteem the ancient confede-
racies 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 pro-
ceedings 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
unite their own civil dissensions, but patiently , majesty, breaking forth more and more into in-
temporising, expected the good effect which time! juries and contempts: her subjects trading into
ought breed. And whensoever the states grew j Spain have been many of them burned ; some cast
into extremities of despair, and thereby ready to j into the galleys ; others have died in prison, with-
MO
OBSERVATIONS ON A LIBEL.
oat 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 pnt to their ransoms,
though they could not be charged with any par-
taking; neither, upon the complaint of Doctor
Wilson and Sir Edward Horsey, could any redress
he had. A general arrest was made by the Duke
of Alva of Englishmen's both goods and persons,
upon pretence that certain ships, stayed in this
realm, laden with goods and money of certain
merchants of Genoa, belonged to that king: which
money and goods was afterwards, to the uttermost
value, restored and paid back; whereas our men
were far from receiving the like justice on their
side. Dr. Man, her majesty's ambassador, re-
ceived, during his legation, sundry indignities ;
himself being removed out of Madrid, and lodged
in a village, as they are accustomed to use the
ambassadors of Moors: his 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 plot-
ted with the Duke of Norfolk at the same time, as
was proved at the same duke's condemnation, that
un-army of twenty thousand men should have land-
ed 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 after-
wards most apparently, in the year 1580, he in-
vaded 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, hut 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 par-
ticular conferences were set down concerning
this enterprise between Cardinal Riario, the pope's
legate, and the king's deputy in Spain, touching
the general, the number of men, the contribution
of money, and the manner of the prosecuting of
the action, and by the confession of some of the
chiefest of those that were taken prisoners at the
fort : which act being an act of apparent hostility,
added unto all the injuries aforesaid, and accom-
panied with a continual receipt, comfort, and coun-
tenance, by audiences, pensions, and employ-
ments, which he gave to traitors and fugitives,
both English and Irish ; as Westmoreland, 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 to
respect of the just cause of jealousy, which the
sundry injuries 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 com-
mandment restrained, and offer was made of resti-
tution to the Spanish ambassador 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 enterprise of Flanders.
But to conclude this point : 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 at-
tempted ; her majesty, not forgetting her own
nature, was content at the same instant to treat
of a peace ; not ignorantly, as a prince that knew
not in what forwardness his preparations were,
for she had discovered them long before, nor fear-
fully, as may appear by the articles whereupon
her majesty in that treaty stood, which were not
the demands of a prince afraid ; but only to spare
the shedding of Christian blood, and to show her
constant desire to make her reign renowned,
rather by peace than victories : which peace wit
on her part treated sincerely, but on his part, as it
should seem, was but an abuse ; thinking thereby
to have taken us more unprovided : so that the
Duke of Parma, not liking to be used as an instru-
ment in such a case, in regard of his particnlar
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 peaee of
OBSERVATIONS ON A LIBEL.
361
Christendom, and hath written and described all
his plots in blood.
There follow the articles of a universal peace,
which the libeller, as a commissioner for the es-
tate 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.
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 Eng-
lish may still keep the possession of such port
towns as they have, and have some half a dozen
more annexed unto them.
Thirdly, that the English rovers might peace-
ably 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-
fane 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.
9. 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.
V. Of the cunning of the libeller, in palliation
of his malicious invectives against her ma-
jesty 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 of judgment : for finding that
it hath been the usual and ready practice of sedi-
tions subjects to plant and bend their invectives
and clamours, not against the sovereigns them-
selves, 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 invec-
tives, when it is used against favourites or new
upstarts, and sudden-risen counsellors ; hut when
it shall be practised against one that hath been
counsellor before her majesty's time, and hath
continued longer counsellor than any other coun-
sellor in Europe ; one that must needs have been
great if it wwra 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 mani-
festly to he but a brick wall at tennis, to make the
defamation and hatred rebound from the counsel*
lor 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 wolfs malice was not to the shepherd, but to
hi 8 dog. It is true, that these men have altered
their tune twice or thrice : when the match was
in treating with the Duke of Anjou, they 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
Sinon's note, in teaching Troy how to save itself,
I cannot tell. But in the mean time they do his
lordship much honour : for the more despitefully
they inveigh against his lordship, the more reason
hath her majesty to trust him, and the realm to
honour him. It was wont to be a token of scarce
a good liegeman when the enemy spoiled the
country, and left any particular men's houses or
fields un wasted.
VI. Certain true general notes 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 " primum mobile" in every action without
distinction; that to him her majesty is account-
ant of her resolutions ; that to him the Earl of
Leicester and Mr. Secretary Walsingham, both
men of great power, and of great wit and under-
standing, were but as instruments : whereas it is
well known, that as to her majesty, there was
never a counsellor of his lordship's long con-
tinuance 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 rest upon such conclusions, as her majesty in
her own wisdom determineth, and them to execute
to the best : so far hath he been from contestation,
or drawing her majesty into any his own courses.
And as for the forenamed counsellors and others,
with .whom his lordship had consorted in her
majesty's service, it is rather true that his lord-
ship, out of the greatness of his experience and
wisdom, and out of the coldness of his nature,
hath qualified generally all hard and extreme
courses, as far as the service of her majesty, and
the safety of the state, and the making himself
compatible with those with whom he served,
would permit : so far hath his lordship been from
inciting others, or running a full course with
them in that kind. But yet it is more Strang*
OBSERVATIONS ON A UBKL.
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
▼ices of the times ; as, if curiosity and emulation
have bred some controversies in the church ;
though, thanks be to God, they extend but to out-
ward things ; as, if wealth, and the cunning of
wits have brought forth multitudes of suits in
law ; as, if excess in pleasures, and in magnifi-
cence, 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 appertained,
a most religious and wise moderator in church
matters to have unity kept; who with great jus-
tice hath despatched infinite causes in law that
have orderly been brought before him: and for
his own example, may say that which few men
can say ; but was sometimes said by Cephalus,
the Athenian so much renowned in Plato's works ;
who having lived near to the age of a 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 cir-
cumvented ; and towards all such as his lordship
might advise, did ever persuade sober and limited
expense. Nay, to make proof farther of his con-
tented manner of life, free from suits and covetous-
ness ; as he never sued any man, so did he never
raise any rent, or put out any tenant of his own :
nor ever gave consent to have the like done to
any of the queen's tenants ; matters singularly to
be noted in this age.
But, however, by this fellow, as in a false ar-
tificial glass, which is able to make the best face
deformed, his lordship's doings being set forth ;
yet let his proceedings, which be indeed his own,
be indifferently weighed and considered ; and let
men call to mind, that his lordship was never a
violent and transported man in matters of state,
but ever respective and moderate ; that he was
never man in his particular a breaker of necks ;
no heavy enemy, but ever placable and mild;
that he was never a brewer of holy water in
court; no dallier, no abuser, but ever real and
certain ; that he was never a bearing man, nor
carrier of causes, but ever gave way to justice
and course of law ; that he was never a glorious
wilful proud roan, 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 have for himself and his children, any
pennyworth of lands or goods that appertained to
any attainted of any treason, felony, or otherwise;
that he never had, or sought any kind of benefit by
any forfeiture to her majesty ; that he was never
a factious commender of men, as he that intended
any ways to besiege her, by bringing in men at
his devotion ; but was ever a true reporter unto
her majesty of every man's deserts and abilities;
that he never took the course to unquiet or offend,
no, nor exasperate her majesty, but to content bet
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 England, and
though he be libelled against by fugitives, yet hs
is prayed for by a multitude of good subjects ; and,
lastly, though he be envied whilst he livcth, yet
he shall be deeply wanted when he is gone. And
assuredly many princes have had many servants
of trust, name, and sufficiency : but where there
have been great parts, there hath often wanted
temper of affection ; where there have been both
ability and moderation, there have wanted dili-
gence and love of travail ; where all three have
been, there have sometimes wanted faith and sin-
cerity ; 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 con-
stant in the employment and trust of such a ser-
vant.
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 mat*
tere he handled by the light of order and dis-
tinct writing. Having, therefore, in the principal
points, namely, the second, third, and fourth
articles, ranged his scattering and wandering dis-
course 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 show of devotion before toe
high altar, find his entrance into high dignity is
Queen Mary's 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 ui
OBSERVATIONS ON A LIBEL.
263
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 exceedingly
crafty wit ; which showeth that this fellow in his
slanders is no good marksman, but throweth out
his words of defaming without all level. For all
the world noted Sir 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 circumvent 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 prin-
cess, said of him, that he should have been of the
council of Spain, because he despised the occur-
rents, and rested upon the first plot : so that if he
were crafty, it is hard to say who is wiso.
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 precedent, than to innovate ; and chose
the precedent rather at home than abroad.
Page 41, he saith, That Catholics never at-
tempted to murder any principal person of her
majesty's court, as did Burchew, whomhecalleth
a puritan, in wounding of a gentleman instead of
Sir Christopher Hatton ; but by their great virtue,
modesty, and patience, do manifest in themselves
a far different spirit from the other sort. For
Burchew, it is certain he was mad ; as appeareth
not only by his mad mistaking, but by the vio-
lence 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
Cs»sar, "eum ad evertendam rempublicam so-
brium 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 im-
mediately against her majesty's sacred person,
which God have in his precious custody ! as may
appear by the conspiracy of Sommerville, Parry,
Savage, the six, and others ; nay, they have de-
fended it " in theai," to be a 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 showeth great ignorance, if it be not malice;
for the law permitteth not the ancient forms of
indictments to be altered ; like as, in an action
of trespass, although a 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 biden-
tibus, depastus sit, conculcavit et consumpsit."
Neither is this any absurdity, for in the practice
of all law, the formularies have been few and
certain ; and not varied according to every parti-
cular case. And in indictments also of treason,
it is not so far fetched as in that of trespass ; for
the law ever presumeth in treason, an intention
of subverting the state, and impeaching the
majesty royal.
Page 45, and in other places, speaking of the
persecuting of the Catholics, he still mentioneth
howellings 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 permitteth no other. And a punishment
surely it is, though of great terror, yet by reason
of the quick despatching, 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 Catho-
lics 1 For the emperor ? For the King of Spain
himself? For the senate of Venice, and other
states, that have had long time ambassadors
liegere in that court 1 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 opposition,
hath given us reputation through the world : if
he mean it because the Turk seemeth to affect us
for the abolishing of images; let him consider
then what a scandal the matter of images hath
been in the church, as having been one of the
principal branches whereby Mahometisra 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 sittcth no longer, he may obtain that
which he missed narrowly. This is a direct
abuse, for it is certain in all the conclaves since
Sixtus Quintus, who gave him bis hat, he was
M4
OBSERVATIONS ON A UB8L.
never in possibility ; nay, the King of Spain, that
hath patronised the church of Rome so long, as
he is become a right patron of it, in that he seek*
eth 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 nominated him in his inclusive narration.
And those that know any thing of the respects
of conclaves, know that he is not papable : first,
because he is an 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 enterpriies of England, and
the relief and advancement of English fugitives,
his necessitous countrymen. So as he presumed
much upon the simplicity of the reader in this
point, as in many more.
Page 55, and again p. 70, he saith, His lord-
ship, meaning the Lord Burleigh, intendeth to
match his grandchild, Mr. William Cecil, with
the Lady Arabella. Which being a mere imagi-
nation, 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 lordship, being no stoical unna-
tural man, but loving towards his children, for
" charitas reipublics incipit a familia," hath been
glad to match them into honourable and good
blood : and yet not so, but that a private gentle-
man 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 lordship
ever thought, or affected to match his children in
the blood royal. His lordship's wisdom, which
hath been so long of gathering, teacheth him to
leave to his posterity, rather surety than danger.
And I marvel where be the combinations which
have been with great men ; and the popular and
plausible courses, which ever accompany such
designs as the 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 Leicester'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 deputies 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 displea-
sure, 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 negotiate, or
to couch in writing, or to make report, or discreetly
to consider of the circumstances, and aptly to
draw things to a point; and all this joined with
a very good nature and a great respect to all men,
as is daily more and more revealed. And for his
experience, it is easy to think that his training
and helps hath made it already such, as many,
that have served long prentishood for it, have not
attained the like: so as if that be true, "qui
beneficium digno dat, omnes obligat," not his
father only but the state is bound unto her majesty,
for the choice and employment of so sufficient
and worthy a gentleman.
There be many other follies and absurdities in
the book ; which, if an eloquent scholar had it in
hand, he would take advantage thereof, and justly
make the author not only odious, but ridiculous
and contemptible to the world : but I pass then
over, and even this which hath been said hath
been vouchsafed to the value and worth of the
matter, and not the worth of the writer, who
hath handled a theme above his compass.
VIII. Of the height of impudency that these
men are grown unto in publishing and
avouching untruths, with a particular recital
of some of them for an assay.
These men are grown to a singular spirit and
faculty in lying and abusing the world : such as, it
seemeth, although they are to purchase a particular
dispensation for all other sins, yet they have a dis-
pensation dormant to lie for the Catholic cause;
which raoveth me to give the reader a taste of
their untruths, such as are written, and are not
merely gross and palpable; desiring him out of
their own writings, when any shall fall into his
hands, to increase the roll at least in his own
memory.
We retain in our calendars no other holydayi
but such as have their memorials in the Scrip-
tures ; and therefore in the honour of the blessed
Virgin, we only receive the feast of the annuncia-
tion and the purification ; omitting the other of
the conception and the nativity ; which nativity
was used to be celebrated upon the eighth of Sep-
tember, the vigil whereof happened to be the na-
tivity of our queen : which though we keep not
holy, yet we use thorein 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 nati-
vity of the blessed Virgin, and put instead there-
OBSERVATIONS ON A LIBEL.
205
of the nativity of oar queen : and, farther, that we
sing certain hymns onto 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 inter-
dicted, and so the gates shut up for some few
days; whereupon they published, that, because
the same church is a place where people use to
meet to walk and confer, the queen's majesty,
after the manner of the ancient tyrants, had for-
bidden all assemblies and meetings of people to-
gether, 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 ma-
jesty, in whose time it was re-edified; where-
upon they published that her majesty, after all
the images of the saints were long beaten down,
had now at last set up her own image upon the
principal gate of London, to be adored ; and that
all men were forced to do reverence to it as
they passed by, and a watch there placed for that
purpose.
Mr. Jewel, the Bishop of Salisbury, who 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 cham-
pion 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 limita-
tion are, " in the queen's majesty, and the natu-
ral heirs of her body, and her lawful successors."
Upon which word, natural, they do maliciously,
and indeed villanously gloss, that it was the in-
tention of the parliament, in a cloud to convey the
crown to any issue of her majesty's that were il-
legitimate ; whereas the word heir doth with us
so necessarily and pregnantly import lawfulness,
as it had been indecorum, and uncivil speaking
of the issues of a prince, to have expressed it.
They set forth in the year a book with
tables and pictures of the persecutions against
Catholics, wherein they have not only stories of
fifty years old to supply their pages, but also taken
all the persecutions of the primitive church, under
the heathen, and translated them to the practice
of England ; as that of 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 chant in their quires;
" Linguam nostram magnificabirous, labia nostra
nobis sunt :" and that they who have long ago
forsaken the truth of God, which is the touch-
stone, must now hold by the whetstone ; and that
their ancient pillar of lying wonders being de-
cayed, they must now hold by lying slanders, and
make their libels successors to their legend.
Vol. II.— 34
SPEECHES.
A SPEECH
MADE BY
SIR FRANCIS BACON, KNIGHT,
CHOSE* BY THE COMMONS TO PBEIXHT
A PETITION TOUCHING PURVEYORS.
DELIVERED TO HI8 MAJESTY IN THE WITHDR A WING-CHAMBER AT WHITEHALL,
IN THE PABLIAME1CT HELD PBIMO ET SBOUEDO JAOOBI, THE PHUT SESSION.
It is well known to your majesty, excellent'
king, that the Emperors of Rome, for their better
glory and ornament, did use in their titles the
additions of the countries and nations whore they
had obtained victories ; as " Germanicus, Brilan-
nicus," and the like. But after all those names,
as in the higher place, followed the name of " pater
patriae," as the greatest name of all human honour,
immediately preceding that name of Augustus;
whereby they took themselves to express some
affinity that they had, in respect of their office,
with divine honour. Your majesty might, with
good reason, assume to yourself many of those
other names ; as " Germanicus, Saxonicus, Britan-
nicus, Francicus, Danicus,Gothicus," and others,
as appertaining to you not by bloodshed, as they
"bare them, but by blood; your majesty's royal
person being a noble confluence of streams and
veins, wherein the royal blood of many kingdoms
of Europe are met and united. But no name is
more worthy of you, nor may more truly be
ascribed unto you, than that name of father of
your people, which you bear and express not in
the formality of your style, but in the real course
of your government. We ought not to say unto
you, as was said to Julius Caesar, " Quae mireraur,
habemus ; quae laudemus, expectamus :" that we
have already wherefore to admire you, and that
now we expect somewhat for which to commend
you ; for we may, without suspicion of flattery,
acknowledge, that we have found in your majesty
great cause both of admiration and commendation.
For great is the admiration, wherewith you have
possessed us since this parliament began, in those
two causes wherein we have had access unto you,
and heard your voice; that of the return of Sir
Francis Goodwin, and that of the anion ; whereby,
it seemeth unto us, the one of these being so subtle
a question of law ; and the other so high a cause
of estate, that, as the Scripture saith of the wisest
king, " that his heart was as the sands of the
sea ;" which, though it be one of the largest and
vastest bodies, yet it consisteth of the smallest
motes and portions ; so, I say, it appeareth unto
us in these two examples, that God hath given
your majesty a rare sufficiency, both to compass
and fathom the greatest matters, and to discern
the least. And for matter of praise and commenda-
tion, which chiefly belongeth to goodness, we
cannot but with great thankfulness profess, that
your majesty, within the circle of one year of your
reign, " infra orbem anni vertentis," hath endea-
voured to unite your church, which was divided ;
to supply your nobility, which was diminished;
and to ease your people in cases where they were
burdened and oppressed.
In the last of these your high merits, that is,
the ease and comfort of your people, doth fall out
to be comprehended the message which I now
bring unto your majesty, concerning the great
grievance arising by the manifold abuses of pur-
veyors, differing in some degree from most of the
things wherein we deal and consult; for it is true,
that the knights, citizens, and burgesses, in parlia-
ment assembled, are a representative body of your
Commons and third estate ; and in many matters,
although we apply ourselves to perform the trust
of those that chose us, yet it may be, we do speak
much out of our own senses and discourses. But
in this grievance, being of that nature wherennto
the poor people is most exposed, and men of
quality less, we shall most humbly desire your
866
A SPEECH TOUCHING PURVEYORS.
967
majesty to conceive, that your majesty doth not
bear our opinions or senses, but the very groans
and complaints themselves of your Commons,
more truly and vively, than by representation.
For there is no grievance in your kingdom so
general, so continual, so sensible, and so bitter
unto the common subject, as this whereof we now
apeak; wherein it may please your majesty to
vouchsafe me leave, first, to set forth unto you the
dutiful and respective carriage of our proceeding;
next, the substance of our petition ; and, thirdly,
sonic reasons and motives which in all humble-
ness we do offer to your majesty 's royal considera-
tion or commiseration; we assuring ourselves that
never king reigned that had better notions of head,
and motions of heart, for the good and comfort of
his loving subjects.
For the first : in the course of remedy which
we desire, we pretend not, nor intend not, in any
sort, to derogate from your majesty's prerogative,
nor to touch, diminish, or question any of your
majesty's regalities or rights. For we seek no-
thing hut the reformation of abuses, and the
execution of former laws whereunto we are born.
And although it be no strange thing in parliament
for new abuses to crave new remedies, yet, never-
theless, in these abuses, which, if not in nature,
jet in extremity and height of them, are most
of them new, we content ourselves with the old
laws; only we desire a confirmation and quicken-
ing of them in their execution; so far are we
from any humour of innovation or encroachment.
As to the court of the green-cloth, ordained for
die provision of your majesty's most honourable
household, we hold it ancient, we hold it reverend.
Other courts respect your politic person, but that
respects your natural person. But yet, notwith-
standing, most excellent king, to use that freedom
which to subjects that pour out their griefs before
so gracious a king, is allowable, we may very
well allege unto your majesty a comparison or
similitude used by one of the fathers* in another
matter, and not unfitly representing our case in
this point: and it is of the leaves and roots of
nettles; the leaves are venomous and stinging
where they touch ; the root is not so, but is with-
out venom or malignity ; and yet it is that root
that bears and supports all the leaves. This needs
no farther application.
To come now to the substance of our petition.
It is no other, than by the benefit of your majes-
ty's laws to be relieved of the abuses of purvey-
ors ; which abuses do naturally divide themselves
into three sorts ; the first, they take in kind that
they ought not to take ; the second, they take in
quantity a far greater proportion than cometh to
your majesty's use; the third, they take in an
mnlawful manner; in a manner, I say, directly
and expressly prohibited by divers laws.
For the first of these, I am a little to alter their
• St. AugmttDs.
name ; for instead of takers, they become taxers ;
instead of taking provision for your majesty's
service, they tax your people "ad red i mend am
vexationem :" imposing upon them, and extorting
from them, divers sums of money, sometimes in
gross, sometimes in the nature of stipends annu-
ally paid, " ne noceant," to be freed and eased
of their oppression. Again, they take trees,
which by law they cannot do; timber trees,
which are the beauty, countenance, and shelter
of men's houses; that men have long spared
from their own purse and profit; that men esteem,
for their use and delight, above ten times the
value; that are a loss which men cannot repair
or recover. These do they take, to the defacing
and spoiling of your subjects' mansions and dwell-
ings, except they may be compounded with to
their own appetites. And if a gentleman be too
hard for them while he is at home, they will
watch their time when there is but a bailiff or a
servant remaining, and put the axe to the root of
the tree, ere ever the master can stop it. Again,
they use a strange and most unjust exaction, in
causing the subjects to pay poundage of their own
debts, due from your majesty unto them ; so as a
poor man, when he hath had his hay, or his wood,
or his poultry, which perchance he was full loath
to part with, and had for the provision of his own
family, and not to put to sale, taken from him,
and that not at a just price, but under the value,
and cometh to receive his money, he shall have
after the rate of twelve pence in the pound abated
for poundage of his due payment, upon so hard
conditions. Nay, farther, they are grown to that
extremity, as is affirmed, though it be scarce cre-
dible, save that in such persons all things are
credible, that they will take double poundage,
once when the debenture is made, and again the
second time when the money is paid.
For the second -point, most gracious sovereign,
touching the quantity which they take, far above
that which is answered to your majesty's use:
they are the only multipliers in the world ; they
have the art of multiplication. For it is affirmed
unto roe by divers gentlemen of good report, and
experience in these causes, as a matter which I
may safely avouch before your majesty, to whom
we owe all truth, as well of information as sub-
jection, that there is no pound profit which re-
dound eth to your majesty in this course, but
induceth and begetteth three pound damage upon
your subjects, besides the discontentment* And
to the end they may make their spoil more se-
curely, what do they 1 Whereas divers statutes
do strictly provide, that whatsoever they take,
8 hall be registered and attested, to the end that,
by making a collation of that which is taken from
the country, and that which is answered above,
their deceits might appear; they, to the end to
obscure their deceits, utterly omit the observation
of this, which the law prescribeth.
wto
A SPEECH TOUCHING PURVEYORS.
And therefore to descend, if it may please your
majesty, to the third sort of abase, which is of
the unlawful manner of their taking, whereof
this omission is a branch ; and it is so manifold,
as it rather asketh an enumeration of some of the
particulars, than a prosecution of all. For their
price : by law they ought to take as they can
agree with the subject; by abuse they take an
imposed and enforced price : by law they ought
to make but one appraisement by neighbours in
the country ; by abuse they make a second ap-
praisement at the court-gate ; and when the sub-
ject's cattle come up many miles lean, and out
of plight, by reason of their great travel, then
they prize them anew at an abated price : by law
they ought to take between sun and sun; by
abuse they take by twilight, and in the night-
time, a time well chosen for malefactors : by law
they ought not to take in the highways, a place
by your majesty's high prerogative protected, and
by statute by special words excepted ; by abuse
they take in the ways, in contempt of your ma-
jesty's prerogative and laws : by law they ought
to show their commission, and the form of com-
mission is by law set down; the commissions
they bring down, are against the law, and be-
cause they know so much, they will not show
them. A number of other particulars there are,
whereof as I have given your majesty a taste, so
the chief of them upon deliberate advice are set
down in writing by the labour of some commit-
tees, and approbation of the whole House, more
particularly and lively than I can express them,
myself having them at the second hand by reason
of my abode above. But this writing is a col-
lection of theirs who dwell amongst the abuses
of these offenders, and the complaints of the peo-
ple ; and therefore must needs have a more per-
fect understanding of all the circumstances of
them.
It remaineth only that I use a few words, the
rather to move your majesty in this cause : a few
word 8, I say, a very few; for neither need so
great enormities any aggravating, neither needeth
so great grace, as useth of itself to flow from
your majesty's princely goodness, any artificial
persuading. There be two things only which 1
think good to set before your majesty ; the one
the example of your most noble progenitors, kingB
of this realm, who, from the first king that en-
dowed this kingdom with the great charters of
their liberties, until the last, all save one, who, as
he was singular in many excellent things, so I
would he had not been alone in this, have ordain-
ed, every one of them in their several reigns,
some laws or law against this kind of offenders;
and especially the example of one of them, that
king who, for his greatness, wisdom, glory, and
union of several kingdoms, resembleth your ma-
jesty most, both in virtue and fortune, King Ed-
ward III., who, in his time only, made ten several
laws against this mischief. The second is the
example of God himself; who hath said and pro-
nounced, "That he will not hold him guiltless
that taketh his name in vain." For all these
great misdemeanors are committed in and under
your majesty's name : and therefore we hope your
majesty will hold them twice guilty that commit
these offences; once for the oppressing of the
people, and once more for doing it under the
colour and abuse of your majesty's most dreaded
and beloved name. So then I will conclude with
the saying of Pindarus, " Optima res aqua;" not
for the excellency, but for the common use of it;
and so, contrariwise, the matter of abuse of pur-
veyance, if it be not the most heinous abuse, yet
certainly it is the most common and general abuse
of all others in this kingdom.
It resteth, that, according to the command laid
upon me, I do in all humbleness present this
writing to your majesty's royal hands, with most
humble petition on the behalf of the Commons,
that as your majesty hath been pleased to vouch-
safe your gracious audience to hear me speak, so
you would be pleased to enlarge your patience to
hear this writing read, which is more material.
A SPEECH
DELnrnsD by thi kibo'b attobbby,
SIR FRANCIS BACON,
IN THE LOWER HOUSE,
WID TBI BOUSB WAS Df OBBAT BBAT, AND MUCH TBOUBLBV ABOUT THK OTTDBBTAKEBJ
WHICH WERE THOUGHT TO BE SOME ABLE AND FORWARD GENTLEMEN; WHO, TO INGRATIATE
THEMSELVES WITH THE KING, WERE SAID TO HAVE UNDERTAKEN, THAT THE KING'S
BUSINESS SHOULD PASS IN THAT HOUSE A8 HIS MAJESTY COULD WISH.
[IB THK FABUAMKKT IS JACOB I.] •
Mb. Speaker,
I have been hitherto silent in this matter of
undertaking, wherein, as I perceive, the House is
much enwrapped.
First, because, to be plain with you, I did not
well understand what it meant, or what it was ;
and I do not love to offer at that that I do not
thoroughly conceive. That private men should
undertake for the Commons of England ! why, a
man might as well undertake for the four elements.
It is a thing so giddy, and so vast, as cannot
enter into the brain of a sober man : and, especi-
ally, in a new parliament; when it was impossible
to know who should be of the parliament : and
when all men, that know never so little the con-
stitution of this House, do know it to be so open
to reason, as men do not know when they enter
into these doors what mind themselves will be of,
until they hear things argued and debated. Much
less can any man make a policy of assurance,
what ship shall come safe home into the harbour
in these seas. I had heard of undertakings in
several kinds. There were undertakers for the
plantations of Deny and Colerane, in Ireland, the
better to command and bridle those parts. There
were, not long ago, some undertakers for the
north-west passage: and now there are some
undertakers for the project of dyed and dressed
cloths ; and, in short, every novelty useth to be
strengthened and made good by a kind of under-
taking; but for the ancient parliament of England,
which moves in a certain manner and sphere, to
be undertaken, it passes my reach to conceive
what it should be. Must we be all dyed and
dressed, and no pure whites amongst ust Or
must there be a new passage found for the king's
business, by a point of the compass that was
never sailed by before 1 Or must there be some
forts built in this House, that may command and
contain the rest ! Mr. Speaker, I know but two
forts in this House which the king ever hath ; the
fort of affection, and the fort of reason : the one
commands the hearts, and the other commands
the heads; and others I know none. I think
JSsop was a wise man that described the nature
of the fly, that sat upon the spoke of the chariot
wheel, and said to herself, " What a dust do I
raise!1' So, for my part, I think that all this
dust is raised by light rumours and buzzes, and
not upon any solid ground.
The second reason that made me silent was,
because this suspicion and rumour of undertaking,
settles upon no person certain. It is like the
birds of Paradise that they have in the Indies,
that have no feet ; and, therefore, they never light
upon any place, but the wind carries them away :
and such a thing do I take this rumour to be.
And, lastly, when that the king had, in his two
several speeches, freed us from the main of our
fears, in affirming directly, that there was no
undertaking to him; and that he would have
taken it to be no less derogation to his own
majesty than to our merits, to have the acts of
his people transferred to particular persons ; that
did quiet me thus far, that these vapours were
not gone up to the head, howsoever they might
glow and estuate in the body.
Nevertheless, since I perceive that this cloud
still hangs over the House, and that it may do
hurt, as well in fame abroad as in the king's ear,
I resolved with myself to do the part of an honest
voice in this House, to counsel you what I think to
be for the best.
Wherein, first, I will speak plainly of the
pernicious effects of the accident of this bruit
and opinion of undertaking, towards particulars,
towards the House, towards the king, and towards
the people.
Secondly, I will tell you, in mine opinion,
what undertaking is tolerable, and how far it may
be justified with a good mind ; and, on the other
side, this same ripping up of the question of
undertakers, how far it may proceed from a good
mind, and in what kind it may be thought mali-
cious and dangerous.
i9 969
270
A SPEECH ABOUT UNDERTAKERS.
Thirdly, I will give you my poor advice, what
means there are to put an end to this question of
undertaking ; not falling, for the present, upon a
precise opinion, but breaking it, how many ways
there be by which you may get out of it, and
leaving the choice of them to a debate at the
committee.
And, lastly, I will advise you how things are
to be handled at the committee, to avoid distrac-
tion and loss of time.
For the first of these, I can say to you but as
the Scripture saith, "Si invicem mordetis, ab
invicem consumemini ;" if ye fret and gall one
another* s reputation, the end will be, that every
man shall go hence, like coin cried down, of less
price than he cam% hither. If some shall be
thought to fawn upon the king's business openly,
and others to cross it secretly, some shall be
thought practisers that would pluck the cards,
and others shall be thought Papists that would
shuffle the cards ; what a misery is this, that we
should come together to fool one another, instead
of procuring the public good.
And this ends not in particulars, but will make
the whole House contemptible : for now I hear
men say, that this question of undertaking is the
predominant matter of this House. So that we
are now, according to the parable of Jotham, in
the case of the trees of the forest, that when
question was, Whether the vine should reign
over them ? that might not be : and whether the
olive should reign over them 1 that might not be :
but we have accepted the bramble to reign over
us. For, it seems, that the good vine of the
king's graces, that is not so much in esteem ; and
the good oil, whereby we should salve and relieve
the wants of the estate and crown, that is laid
aside too: and this bramble of contention and
emulation ; this Abimelech, which, as was truly
said by an understanding gentleman, is a bastard,
for every fame that wants a head, is "Alius
populi," this must reign and rule amongst us.
Then for the king, nothing can be more oppo-
site, "ex diametro," to his ends and hopes, than
this: for you have heard him profess like a king,
and like a gracious king, that he doth not so much
respect his present supply, as this demonstration
that the people's hearts are more knit to him than
before. Now, then, if the issue shall be this, that
whatsoever shall be done for him shall be thought
to be done but by a number of persons that shall
be laboured and packed; this will rather be a
sign of diffidence and alienation, than of a natural
benevolence and affection in his people at home ;
and rather matter of disreputation, than of honour
abroad. So that, to speak plainly to you, the
king were better call for a new pair of cards, than
play upon these if they be packed.
And then, for the people, it is my manner ever
to look as well beyond a parliament, as upon a
parliament ; and if they abroad shall think them-
selves betrayed by those that are their deputies
and attorneys here, it is true we may bind them
and conclude them, but it will be with such
murmur and insatisfaction as I would be loath to
DOT.
These things might be dissembled, and so
things left to bleed inwards ; but that is not the
way to cure them. And, therefore, I have
searched the sore, in hope that you will endeavour
the medicine.
But this to do more thoroughly, I must pro-
ceed to my second part, to tell you clearly and
distinctly, what is to be set on the right hand, and
what on the left, in this business.
First, if any man hath done good offices to
advise the king to call a parliament, and to in-
crease the good affection and confidence of his
majesty towards his people; I say, that sucht
person doth rather merit well, than commit any
error. Nay, further, if any man hath, out of his
own good mind, given an opinion touching the
minds of the parliament in general ; how it it
probable they are like to be found, and that they
will have a due feeling of the king's wants, and
will not deal dryly or illiberally with him ; this
man, that doth but think of other men's minds,
as he finds his own, is not to be blamed. Nay,
further, if any man hath coupled this with good
wishes and propositions, that the king do comfort
the hearts of his people, and testify his own love
to them, by filing off the harshness of his prero-
gative, retaining the substance and strength; and
to that purpose, like the good householder in the
Scripture, that brought forth old store and new,
hath revolved the petitions and propositions of
the last parliament, and added new ; I say, this
man hath sown good seed; and he that shall
draw him into envy for it, sows tares. Thos
much of the right hand. But, on the other side,
if any shall mediately or immediately infuse
into his majesty, or to others, that the parliament
is, as Cato said of the Romans, " like sheep, that
a man were better drive a flock of them than one
of them :" and, however, they may be wise men
severally, yet, in this assembly, they are guided
by some few, which, if they be made and assured,
the rest will easily follow : this is a plain robbery
of the king of honour, and his subjects of thanks,
and it is to make the parliament vile and servile
in the eyes of their sovereign ; and I count it no
better than a supplanting of the king and king-
dom. Again, if a man shall make this impres-
sion, that it shall be enough for the king to send
us some things of show, that may serve for
colours, and let some eloquent tales be told of
them, and that will serve "ad faciendum popo-
lum ;" any such person will find that this House
can well skill of false lights, and that it is no
wooing tokens, but the true love already planted
in the breast of the subjects, that will make them
do for the king. And this is my opinion touching
A SPEECH ABOUT UNDERTAKERS.
271
hose that may have persuaded a parliament,
lake it on the other side, for I mean, in all things,
9 deal plainly, if any man hath been diffident
niching the call of a parliament, thinking that
tie best means were, first, for the king to make
is utmost trial to subsist of himself, and his own
leans ; I say, an honest and faithful heart might
oasent to that opinion, and the event, it seems,
oth not greatly discredit it hitherto. Again, if
ay m.in shall have been of opinion, that it is not
particular party that can bind the House ; nor
ist it is not shows or colours can please the
louse ; I say, that man, though his speech tend
> discouragement, yet it is coupled with provi-
nce. But, by your leave, if any man, since the
arliament was called, or when it was in speech,
ltll have laid plots to cross the good will of the
arliament to the king, by possessing them that
few shall have the thanks, and that they are, as
were, bought and sold, and betrayed ; and that
tat which the king offers them, are but baits
repared by particular persons; or have raised
imours that it is a packed parliament; to the
lid nothing may be done, but that the pari la-
tent may be dissolved, as gamesters used to call
» new cards, when they mistrust a pack : I say,
leae are engines and devices naught, malign, and
sditious.
Now for the remedy ; I shall rather break the
tatter, as I said in the beginning, than advise
mitively. I know but three ways. Some mes-
ige of declaration to the king ; some entry or
rotestation amongst ourselves; or some strict
lid punctual examination. As for the last of
lese, I assure you I am not against it, if I could
'Jl where to begin, or where to end. For cer-
dnly I have often seen it, that things when they
m in smother trouble more than when they break
at. Smoke blinds the eyes, but when it blazeth
*th into flame it gives light to the eyes. But
mo if you fall to examination, some person must
e charged, some matter must be charged ; and
is manner of that matter must be likewise
barged ; for it may be in a good fashion, and it
lay be in a bad, in as much difference as between
lack and white: and then how far men will
ingenuously confess, how far they will politicly
deny, and what we can make and gather upon
their confession, and how we shall prove against
their denial ; it is an endless piece of work, and
J doubt that we shall grow weary of it.
For a message to the king, it is the course I
like best, so it be carefully and considerately
handled : for if we shall represent to the king the
nature of this body as it is, without the veils or
shadows that have been cast upon it, I think we
shall do him honour, and ourselves right.
For any thing that is to be done amongst our-
selves, I do not see much gained by it, because it
goes no farther than ourselves ; yet if any thing
can be wisely conceived to that end, I shall not
be against it; but I think the purpose of it is
fittest to be, rather that the House conceives that
all this is but a misunderstanding, than to take
knowledge that there is indeed a just ground, and
then to seek, by a protestation, to give it a
remedy. For protestations, and professions, and
apologies, I never found them very fortunate ; but
they rather increase suspicion than clear it.
Why, then, the last part is, that these things
be handled at the committee seriously and tem-
perately ; wherein I wish that these four degrees
of questions were handled in order.
First, Whether we shall do any thing at all in
it, or pass by it, and let it sleep 1
Secondly, Whether we shall enter into a parti-
cular examination of it?
Thirdly, Whether we shall content ourselves
with some entry or protestation among ourselves t
And, fourthly, Whether we shall proceed to a
message to the king ; and what 1
Thus I have told you my opinion. I know it
had been more safe and politic to have been
silent ; but it is perhaps more honest and loving
to 8 peak. The old verse is " Nam nulli tacuisse
nocet, nocet esse locutum." But, by your leave,
David saith, " Silui a bonis, et dolor raeus reno-
vatus est." When a man speaketh, he may be
wounded by others ; but if he hold his peace
from good thin gs, he wounds himself. So I have
done my part, and leave it to you to do that which
you shall judge to be the best.
A SPEECH
USED
TO THE KING BY HIS MAJESTY'S SOLICITOR,
BEING CHOSEN BY THE COMMONS AS THEIR MOUTH AND MESSENGER, FOR THE PRESENTLNO TO
HIS MAJESTY THE INSTRUMENT OR WRITING OP
THEIR GRIEVANCES.
» TBI FABUAMHIT 7 JACOB I.
Most Gracious Sovxriion,
Thi knights, citizens, and burgesses assembled
in parliament, in the house of your Commons, in
all humbleness do exhibit and present unto your
most sacred majesty, in their own words, though
by my hand, their petitions and grievances. They
are here conceived and set down in writing, ac-
cording to ancient custom of parliament: they
are also prefaced according to the manner and
taste of these later times. Therefore, for me to
make any additional preface, were neither war-
ranted nor convenient ; especially speaking before
a king, the exactness of whose judgment ought
to scatter and chase away all unnecessary speech,
as the sun doth a vapour. This only I must say ;
since this session of parliament we have seen
your glory in the solemnity of the creation of this
most noble prince ; we have heard your wisdom
in sundry excellent speeches which you have
delivered amongst us ; now we hope to find and
feel the effects of your goodness, in your gracious
answer to these our petitions. For this, we are
persuaded, that the attribute which was given by
one of the wisest writers to two of the best em-
perors, "Divu8 Nerva et divus Trajanus," so
saith Tacitus, "res olim insociabiles miscuerunt,
imperium et libertatem ;" may be truly applied
to your majesty. For never was there such a con-
servator of regality in a crown, nor ever such a
protector of lawful freedom in a subject.
Only this, excellent sovereign, let not the sound
of grievances, though it be sad, seem harsh to
your princely ears: it is but "gemitus colom-
bse," the mourning of a dove ; with that patience
and humility of heart which appertaineth to lor-
ing and loyal subjects. And far be it from us,
but that in the midst of the sense of our griev-
ances we should remember and acknowledge the
infinite benefits which, by your majesty, next
under God, we do enjoy ; which bind us to wish
unto your life fulness of days; and unto your line
royal a succession and continuance, even unto the
world's end.
It resteth, that unto these petitions here in-
cluded I do add one more that goeth to them all:
which is, that if in the words and frame of them
there be any thing offensive ; or that we have ex*
pressed ourselves otherwise than we should or
would ; that your majesty would cover it and cast
the veil of your grace upon it ; and accept of out
good intentions, and help them by your benign
interpretation.
Lastly, I am most humbly to crave a particular
pardon for myself, that have used these few
words; and scarcely should have been able to
have used any at all, in respect of the reverence
which I bear to your person and judgment, had I
not been somewhat relieved and comforted by the
experience which, in my service and access, I
have had of your continual grace and favour.
272
SPEECH OF THE KING'S SOLICITOR,
USED UNTO
THE LORDS AT A CONFERENCE BY COMMISSION FROM THE COMMONS, MOVING AND PERSUADING
THE LORDS TO JOIN WITH THE COMMONS IN PETITION TO THE KINO, TO OBTAIN
LIBERTY TO TREAT OF A COMPOSITION WITH HIS MAJESTY FOR
WARDS AND TENURES.
IN THE PARLIAMENT 7 JACOBI.
The knights, citizens, and burgesses of the
House of Commons have commanded me to deliver
to your lordships the causes of the conference by
them prayed, and by your lordships assented, for
the second business of this day. They have had
report made unto them faithfully of his majesty's
answer declared by my lord treasurer, touching
their humble desire to obtain liberty from his ma-
jesty to treat of compounding for tenures. And,
first, they think themselves much bound unto his
majesty, that in " re nova,'* in which case princes
use to be apprehensive, he hath made a gracious
construction of their proposition. And so much
they know of that, that belongs to the greatness
of his majesty, and the greatness of the cause, as
themselves acknowledge they ought not to have
expected a present resolution, though the wise
man saith, " Hope deferred is the fainting of the
soul." But they know their duty to be to attend
bis majesty's times at his good pleasure. And
this they do with the more comfort, because that
in his majesty's answer, matching the times, and
weighing the passages thereof, they conceive, in
their opinion, rather hope than discouragement.
But the principal causes of the conference now
prayed, besides these significations of duty not to
be omitted, are two propositions. The one, mat-
ter of excuse of themselves ; the other, matter of
petition. The former of which grows thus. Your
lordship, my lord treasurer, in your last declara-
tion of his majesty's answer, according to the
attribute then given unto it by a great counsellor,
had •* imaginem C«saris" fair and lively graven,
made this true and effectual distribution, that
there depended upon tenures, considerations of
honour, of conscience, and of utility. Of these
three, utility, as his majesty set it by for the pre-
sent, out of the greatness of his mind, so we set
it by, out of the justness of our desires : for we
never meant but a goodly and worthy augmenta-
tion of the profit now received, and not a diminu-
tion. But, to speak truly, that consideration fall-
eth naturally to be examined when liberty of
Vol. II.
treaty is granted : but the former two indeed may
exclude treaty, and cut it off before it be ad-
mitted.
Nevertheless, in this that we shall say concern-
ing those two, we desire to be conceived rightly :
we mean not to dispute with his majesty what
belongeth to sovereign honour or his princely con-
science ; because we know we are not capable to
discern of them otherwise than as men use some-
times to see the image of the sun in a pail of
water. But this we say for ourselves, God forbid
that we, knowingly, should have propounded any
thing, that might in our sense and persuasion
touch either or both; and therefore herein we
desire to be heard, not to inform or persuade his
majesty, but to free and excuse ourselves.
And, first, in general, we acknowledge, that
this tree of tenures was planted into the preroga-
tive by the ancieai common law of this land :
that it hath been fenoed in and preserved by many
statutes, and that it yieldeth at this day to the
king the fruit of a great revenue. But yet, not-
withstanding, if upon the stem of this tree may
be raised a pillar of support to the crown perma-
nent and durable as the marble, by investing the
crown with a more ample, more certain, and more
loving dowry, than this of tenures; we hope we
propound no matter of disservice.
But to speak distinctly of both, and first of
honour: wherein I pray your lordships, give me
leave, in a subject that may seem '< supra noa,"
to handle it rather as we are oapable, than as the
matter perhaps may require. Your lordships well
know the various mixture and composition of our
House. We have in our House learned civilians
that profess a law, that we reverence and some-
times consult with : they can tell us, that all the
laws " de feodis" are but additional to the an-
cient civil law ; and that the Roman emperors, in
the full height of their monarchy, never knew
them ; so that they are not imperial. We have
grave professors of the common law, who will
define unto us that those are pans of sovereignty,
978
274
DIRECTIONS FOR THE MASTER OF THE WARDS.
and of the regal prerogative, which cannot be
communicated with subjects : but for tenures in
substance, there is none of your lordships but
have them, and few of us but have them. The
king, indeed, hath a priority or first service of his
tenures; and some more amplitude of profit in
that we call tenure in chief: but the subject is
capable of tenures ; which shows that they are
not regal, nor any point of sovereignty. We have
gentlemen of honourable service in the wars both
by sea and land, who can inform us, that when it
is in question, who shall set his foot foremost to-
wards the enemy; it is never asked, Whether he
holds in knight's service or in socage t So have
we many deputy lieutenants to your lordships,
and many commissions that have been for mus-
ters and levies, that can tell us, that the service
and defence of the realm hath in these days little
dependence upon tenures. So, then, we per-
ceive that it is no bond or ligament of govern-
ment; no spur of honour, no bridle of obedience.
Time was, when it had other uses, and the name
of knight's service imports it: but "vocabula
manent, res fugiunt." But all this which we
bave spoken we confess to be but in a vulgar capa-
city ; which, nevertheless, may serve for our ex-
cuse, though we submit the thing itself wholly to
his majesty's judgment.
For matter of conscience, far be it from us to
cast in any thing willingly, that may trouble that
clear fountain of his majesty's conscience. We
do confess it is a noble protection, that these
young birds of the nobility and good families
should be gathered and clocked under the wings
of the crown. But yet " Nature vis maxima :"
and " Suus cuique discretus sanguis." Your
lordships will favour me, to observe my former
method. The common law itself, which is the
best bounds of our wisdom, doth, even " in hoc
individuo," prefer the prerogative of the father
before the prerogative of the king : for if lands
descend, held in chief from an ancestor on the
part of a mother, to a man's eldest son, the father
being alive, the father shall have the custody of
the body, and not the king. It is true that this is
only for the father, and not any other parent or
ancestor : but then if you look to the high law of
tutelage and protection, and' of obedience and
duty, which is the relative thereunto : it is not
said, " Honour thy father alone," but " Honour
thy father and thy mother," &c. Again, the civi-
lians can tell us, that there was a special use of
the pretorian power for pupils, and yet no tenures.
The citizens of London can tell us, there be courts
of orphans, and yet no tenures. But all this
while we pray your lordships to conceive, that
we think ourselves not competent to discern
of the honour of his majesty's crown, or the
shrine of his conscience; but leave it wholly
unto him, and allege these things but in oar own
excuse.
For matter of petition, we do continue our most
humble suit, by your lordships' loving conjunc-
tion, that his majesty will be pleased to open
unto us this entrance of his bounty and grace, at
to give us liberty to treat. And, lastly, we know
his majesty's times are not subordinate at all bat
to the globe above. About this time the sun hath
got even with the night, and will rise apace; and
we know Solomon's temple, whereof your lord*
ship, my lord treasurer, spake, was not built in
a day : and if we shall be so happy as to take the
axe to hew, and the hammer to frame, in this cue,
we know it cannot be without time ; and, there-
fore, as far as we may with duty, and without
importunity, we most humbly desire an accelera-
tion of his majesty's answer, according to hit
good time and royal pleasure.
A FRAME OP DECLARATION
FOB THE
MASTER OF THE WARDS,
AT HIS FIRST SITTING.
The king, whose virtues are such, as if we,
that are his ministers, were able duly to correspond
unto them, it were enough to make a golden time,
hath commanded certain of his intentions to be
published, touching the administration of this
place, because they are somewhat differing from
the usage of former times, and yet not by way of
novelty, but by way of reformation, and reduc-
tion of things to their ancient and true institution.
Wherein, nevertheless, it is his majesty's ex-
press pleasure it be signified, that he understands
this to be done, without any derogation from the
memory or service of those great persons which
have formerly held this place, of whose doinft
DIRECTIONS FOR THE MASTER OF THE WARDS.
275
is majesty retaineth a good and gracious remem-
brance, especially touching the sincerity of their
own minds.
But, now that his majesty meaneth to be as it
were master of the wards himself, and that those
that he useth be as his substitutes, and move
wholly in his motion ; he doth expect things be
sarried in a sort worthy his own care.
First, therefore, his majesty hath had this
nincely consideration with himself, that as he is
'pater patrie," so he is by the ancient law of
Ills kingdom " pater pupillorum," where there is
my tenure by knight's service of himself; which
uctendeth almost to all the great families noble
md generous of this kingdom : and, therefore,
>eing a representative father, his purpose is to
nutate, and approach as near as may be to the
luties and offices of a natural father, in the good
iducation, well bestowing in marriage, and pre-
wrvation of the houses, woods, lands, and estates
)f his wards.
For, as it is his majesty's direction, that that
part which concerns his own profit and right be
necuted with moderation ; so, on the other side,
t is his princely will that that other part, which
soncerneth protection, be overspread and extended
o the utmost.
Wherein his majesty hath three persons in his
rye, the wards themselves, idiots, and the rest of
ike nature; the suitors in this court; and the
subjects at large.
For the first, his majesty hath commanded
roecial care to be taken in the choice of the per-
tons, to whom they be committed, that tKe same
» sound in religion, such whose house and fami-
ies are not noted for dissolute, no greedy persons,
10 step-mothers, nor the like; and with these
malincations, of the nearest friends: nay, fur-
iher, his majesty is minded not so to delegate this
lust to the committees, but that he will have, once
n the year at least, by persons of credit in every
sounty, a view and inspection taken of the per-
10ns, houses, woods, and lands of the wards, and
Hher persons under the protection of this court,
md certificate to be made thereof accordingly.
For the suitors, which is the second ; his ma-
jesty's princely care falls upon two points of re-
formation ; the first, that there be an examination
>f fees, what are due and ancient, and what are
lew and exacted ; and those of the latter kind
)ut down : the other, that the court do not enter-
ain causes too long upon continuances of liveries
ifter the parties are come of full age, which
lerveth but to waste the parties in suit, consider-
Dg the decrees cannot be perpetual, but tempo-
ary ; and, therefore, controversies here handled,
tie seldom put in peace, till they have past a trial
ind decision in other courts.
For the third, which is the subject at large; his
najesty hath taken into his princely care the un-
lecessary vexations of his people by feodaries,
and other inferior ministers of like nature, by
colour of his tenures ; of which part I say nothing
for the present, because the parties whom it con-
cerns are for the most part absent : but order shall
be given, that they shall give their attendance the
last day of the term, then to understand further
his majesty's gracious pleasure.
Thus much by his majesty's commandment;
now we may proceed to the business of the
court.
DIRECTIONS
FOR THE MASTER OF THE WARD8 TO OBSERVE, FOR
HIS MAJESTY'S BETTER 8ERVICE, AND THE GENE-
RAL GOOD.
First, That he take an account how his majes-
ty's last instructions have been pursued ; and of
the increase of benefit accrued to his majesty
thereby, and the proportion thereof.
Wherein first, in general, it will be good to
cast up a year's benefit, viz.: from February,
1610, which is the date of the instructions under
the great seal, to February, 1611 ; and to compare
the total with the former years before the instruc-
tions, that the tree may appear by the fruit, and
it may be seen how much his majesty's profit is
redoubled or increased by that course.
Secondly, It will not be amiss to compute not
only the yearly benefit, but the number of ward-
ships granted that year, and to compare that with
the number of former years ; for though the num-
ber be a thing casual, yet if it be apparently less
than in former years, then it may be justly doubt-
ed, that men take advantage upon the last clause
in the instructions, of exceptions of wards con-
cealed, to practise delays and misfindingof offices,
which is a thing most dangerous.
Thirdly, In particular it behooveth to peruse
and review the bargains made, and to consider
the rates, men's estates being things which for
the most part cannot be hid, and thereby to dis-
cern what improvements and good husbandry
have been used, and how much the king hath
more now, when the whole benefit is supposed to
go to him, than he had when three parts of the
benefit went to the committee.
Fourthly, It is requisite to take consideration
what commissions have been granted for copy-
holds for lives, which are excepted by the instruc-
tions from being leased, and what profit hath
been raised thereby.
Thus much for the time past, and upon view
of these accounts, " res dabit consilium" for fur-
ther order to be taken.
For the time to come, first, it is fit that the
master of the wards, being a meaner person, be
usually present as well at the treaty and beating
of the bargain, as at the concluding, and that he
take not the business by report.
Secondly, When suit is made, the information
976
OF RECEIVING THE KING'S MESSAGES.
by surrey and commission is bat one image, but
the way were by private diligence to be really
informed : neither is it hard for a person that liveth
in an inn of court, where there be understand-
ing men of every county of England, to obtain
by care certain information.
Thirdly, This kind of promise of preferring
the next akin, doth much obscure the information,
which before by competition of divers did better
appear ; and therefore it may be necessary for the
master of the wards sometimes to direct letters
to some persons near the ward living, and to take
certificate from them: it being always intended
the subject be not racked too high, and that the
nearest friends that be sound in religion, and
like to give the ward good education, be pre-
ferred.
Fourthly, That it be examined carefully whe-
ther the ward's revenues consist of copyholds
for lives, which are not to be comprised in the
lease, and that there be no neglect to grant com-
missions for the same, and that the master take
order to be certified of the profits of former courts
held by the ward's ancestor, that it may be a pre-
cedent and direction for the commissioners.
Fifthly, That the master make account every
six months (the state appoints one in the year)
to his majesty ; and that when he bringeth the
bill of grants of the body for his majesty's signa-
ture, he bring a schedule of the truth of the state
of every one of them, as it hath appeared to him
by information, and acquaint his majesty both
with the rates and states.
Thus much concerning the improvement of lis
king's profit, which concerneth the king as « pa-
ter familias ;" now as " pater patriae."
First, For the wards themselves, that there be
special care taken in the choice of the committee,
that he be sound in religion, his house and family
not dissolute, no greedy person, no step-mother,
nor the like.
Further, That there be letters written once every
year to certain principal gentlemen of credit ii
every county, to take view not only of the person
of the wards in every county, and their educa-
tion; but of their houses, woods, grounds, and
estate, and the same to certify ; that the commit,
tees may be held in some awe, and that the bleat-
ing of the poor orphans and the pupils may come
upon his majesty and his children.
Secondly, For the suitors; that there be a strait
examination concerning the raising and multipli-
cation of fees in that court, which is much scan-
dalized with opinion thereof, and all exacted fees
put down.
Thirdly, For the subjects at large; that the
vexation of escheators and feodaries be repress-
ed, which, upon no substantial ground of record,
vex the country with inquisitions and other ex-
tortions : and for that purpose that there be one
set day at the end of every term appointed for
examining the abuses of such inferior officers,
and that the master of wards take special care to
receive private information from gentlemen of
quality and conscience in every shire touching
the same.
SPEECH OF THE KING'S SOLICITOR,
FE1SUADINO
THE HOUSE OF COMMONS
TO DESIST riOM FABTHE1 QUESTION OF
RECEIVING THE KING'S MESSAGES.
BY THEIR 8PEAKER, AND FROM THE BODY OF THE COUNCIL, AS WELL AS FROM THE KING'S PERSON.
IN THE PARLIAMENT 7 JACOBI.
It is my desire, that if any the king's busi-
ness, either of honour or profit, shall pass the
House, it may be not only with external prevail-
ing, but with satisfaction of the inward roan.
For in consent, where tonjrue-strings, not heart-
strings, make the music, that harmony may end
in discord. To this I shall always bend my en-
deavours.
The king's sovereignty, and the liberty of par-
liament, are as the two elements and principle*
of this estate; which, though the one be more
active, the other more passive, yet they do no*
OF RECEIVING THE KING'S MESSAGES.
177
rose or destroy the one the other. But they
(lengthen and maintain the one the other. Take
way liberty of parliament, the griefs of the sub-
pet will bleed inwards : sharp and eager humour*
rill not evaporate ; and then they must exulcer-
ite; and so may endanger the sovereignty itself.
)n the other side, if the king's sovereignty re-
stive diminution, or any degree of contempt with
is that are- born under an hereditary monarchy,
10 as the motions of our estate cannot work in
iny other frame or engine, it must follow, that
re shall be a meteor, or "corpus imperfecte mis-
urn ;" which kind of bodies come speedily to
tonfusion and dissolution. And herein it is our
tappiness, that we may make the same judgment
if the king, which Tacitus made of Nerva:
'Dims Nerva res olim dissociabiles miscuit,
mperium et libertatem." Nerva did temper
hings, that before were thought incompatible, or
nsociable, sovereignty and liberty. And it is
lot amiss in a great council and a great cause to
rat the other part of the difference, which was
Jgnificantly expressed by the judgment which
Ipollonius made of Nero; which was thus:
rben Vespasian came out of Judea towards Italy,
o receive the empire, as he passed by Alexandria
16 spake with Apollonius, a man much admired,
ind asked him a question of state : " What was
be cause of Nero's fall or overthrow 1" Apollo-
lius answered again, " Nero could tune the harp
rell : but in government he always either wound
ip the pins too high, and strained the strings too
ar; or let them down too low, and slackened the
tarings too much." Here we see the difference
letwecn regular and able princes, and irregular
rod incapable, Nerva and Nero. The one tem-
ters and mingles the sovereignty with the liberty
if the subject wisely ; and the other doth inter-
shange it, and vary it unequally and absurdly.
Since, therefore, we have a prince of so excellent
risdom and moderation, of whose authority we
wght to be tender, as he is likewise of our liber-
y, let us enter into a true and indifferent consi-
leration, how far forth the case in question may
noch his authority, and how far forth our liberty :
■id, to speak clearly, in my opinion it concerns
lis anthority much, and our liberty nothing at all.
The questions are two : the one, whether our
ipeaker be exempted from delivery of a message
tan the king without our license! The other,
rbether it is not all one whether he received it
ram the body of the council, as if he received it
mediflfoly from the king! And I will speak of
be last first, because it is the circumstance of the
iresent ease.
First,! say, let us see how it concerns the king,
ind then how it concerns us. For the king, cer-
linly, if it be observed, it cannot be denied, but
f you may not receive his pleasure by his repre-
Nntative body, which is his council of his
), you both straiten his majesty in point of
conveniency , and weaken the reputation of his coun-
cil. All kings, though they be live gods on earth,
yet, as he said, they are gods of earth, frail as other
men ; they may be children ; they may be of ex-
treme age ; they may be indisposed in health ; they
may be absent. In these cases, if their council
may not supply their persons, to what infinite
accidents do you expose them 1 Nay, more, some-
times in policy kings will not be seen, but cover
themselves with their council ; and if this be taken
from them, a great part of their safety is taken
away. For the other point, of weakening the
council ; you know they are nothing without the
king : they are no body politic ; they have no
commission under seal. So as, if you begin to
distinguish and disjoin them from the king, they
are " corpus opacum ;" for they have " lumen de
lumine :" and so by distinguishing you extinguish
the principal engine of the estate. For it is truly
affirmed, that " Concilium non habet potestatem
delegatam, sed inherentem :" and it is but " Hex
in cathedra," the king in. his chair or consistory,
where his will and decrees, which are in privacy
more changeable, are settled and fixed.
Now, for that which concerns ourselves. First,
for dignity ; no man must think this a disparage-
ment to us : for the greatest kings in Europe, by
their ambassadors, receive answers and directions
from the 'council in the king's absence ; and if
that negotiation be fit for the fraternity and party
of kings, it may much less be excepted to by
subjects.
For use or benefit, no man can be so raw and
unacquainted in the affairs of the world, as to con-
ceive there should be any disadvantage in it, as
if such answers were less firm and certain. For
it cannot be supposed, that men of so great cau-
tion, as counsellors of estate commonly are,
whether you take caution for wisdom or provi-
dence, or for pledge of estate or fortune, will ever
err, or adventure so far as to exceed their warrant.
And, therefore, I conclude, that in this point
there can be unto us neither disgrace nor disad-
vantage.
For the point of the speaker. First, on the
king's part, it may have a shrewd illation ; for it
hath a show, as if there could be a stronger duty
than the duty of a subject to a king. We see the
degrees and differences of duties in families, be-
tween father and son, master and servant; in
corporate bodies, between commonalties and their
officers, recorders, stewards, and the like ; yet all
these give place to the king's commandments.
The bonds are more special, but not so forcible.
On our part, it concerns us nothing. For, first, it
is but "de canali," of the pipe; how the king's
message shall be conveyed to us, and not of the
matter. Neither hath the speaker any such do-
minion, as that coming out of his mouth it presseth
us more than out of a privy counsellor's. Nay,
it seems to be a great trust of the king's towards
9A
978
ARGUMENT CONCERNING IMPOSITIONS, ETC.
the House, when the king douhteth not to put his
message into their mouth, as if he should speak
to the city by their recorder : therefore, methinks
we should not entertain this unnecessary doubt.
It is one use of wit to make clear things doubt-
ful ; but it is a much better use of wit to make
doubtful things clear; and to that I would men
would bend themselves.
AN
ARGUMENT OF SIR FRANCIS BACON,
THE KING'8 SOLICITOR,
IN THE LOWER HOUSE OF PARLIAMENT,
PBOTIMO
THE KING'8 RIGHT OF IMPOSITIONS ON MERCHANDI8E8 IMPORTED
AND EXPORTED.*
And it please you, Mr. Speaker, this question
touching the right of impositions is very great ;
extending to the prerogative of the king on the
one part, and the liberty of the subject on the
other ; and that in a point of profit and value, and
not of conceit or fancy. And, therefore, as weight
in all motions increaseth force, so I do not marvel
to see men gather the greatest strength of argu-
ment they can to make good their opinions. And,
so you will give me leave likewise, being strong
in mine own persuasion that it is the king's
right, to show my voice as free as my thought.
And for my part, I mean to observe the tTue
course to give strength to this cause, which is by
yielding those things which are not tenable, and
keeping the question within the true state and
compass ; which will discharge many popular
arguments, and contract the debate into a less room.
Wherefore, I do deliver the question, and ex-
clude or set by, as not in question, five things.
First, the question is " de portorio," and not " de
tributo," to use the Roman words for explanation
sake ; it is not, I say, touching any taxes within
the land, but of payments at the ports. Secondly,
it is not touching any impost from port to port,
but where " claves regni," the keys of the king-
dom, are turned to let in from foreign parts, or to
send forth to foreign parts, in a word, matter of
commerce and intercourse; not simply of car-
riage or vecture. Thirdly, the question is, as
the distinction was used above in another case,
" de vero et falso," and not " de bono et malo,"
of the legal point, and not of the inconvenience,
otherwise than as it serves to decide the law.
* Thin matter wag much debated by the lawyers and gentle-
men in the Parliament 1610, and 1614, etc., and afterwards
given op by the crown In 1041.
Fourthly, I do set apart three commodities, wool,
woolfells, and leather, as being in different case
from the rest ; because the custom upon them if
" antiqua custuma." Lastly, the question is not,
whether in matter of imposing the king may alter
the law by his prerogative, but whether the king
have not such a prerogative by law.
The state of the question being thus cleared
and freed, my proposition is, that the king by the
fundamental laws of this kingdom hath a power
to impose upon merchandise and commoditiei
both native and foreign. In my proof of this pro-
position all that I shall say, be it to confirm or
confute, I will draw into certain distinct heads
or considerations which move me, and may mo?e
you.
The first is a universal negative : there appetr-
eth not in any of the king's courts any one re-
cord, wherein an imposition laid at the ports hath
been overthrown by judgment ; nay, more, where
it hath been questioned by pleading. This plea,
" quod 8umma praedicta minus juste impoaita fait,
et contra leges et consuetudines regni hujus An-
gliee, unde idem Bates illam solvere recusavit,
; prout ei bene lieu it ;" is " prima) impressionis."
: Bates was the first man ** ab origine mundi," fot
'any thing that appeareth, that ministered thai
plea ; whereupon 1 offer this true consideration:
the king's acts that grieve the subject are either
against law, and so void, or according to strict-
ness of law, and yet grievous. And according to
these several natures of grievance, there be seve-
ral remedies : Be they against law 1 Ovorthrow
them by judgment : Be they too strait and ex-
treme, though legal ? Propound them in parlii-
ment. Forasmuch, then, as impositions at the
ports, having been so often laid, were never
ARGUMENT CONCERNING IMPOSITIONS, ETC.
279
brought into the king's courts of justice, but still
brought to parliament, I may most certainly con-
elude, that they were conceived not to be against
■aw. And if any man shall think that it was too
high a point to question by law before the judges,
or that there should want fortitude in them to aid
the subject ; no, it shall appear from time to time,
in cases of equal reach, where the king's acts
have been indeed against law, the course of law
hath run, and the judges have worthily done their
duty.
As in the case of an imposition upon linen
cloth for the alnage ; overthrown by judgment.
The case of a commission of arrest and commit-
ting of subjects upon examination without con-
viction by jury, disallowed by the judges.
A commission to determine the right of the exi-
genter's place, " secundum sanam discretioneni,"
disallowed by the judges.
The case of the monopoly of cards overthrown
and condemned by judgment.
I might make mention of the jurisdiction of
tome courts of discretion, wherein the judges did
not decline to give opinion. Therefore, had this
been against law, there would not have been
44 altum silentium" in the king's courts. Of the
contrary judgments I will not yet speak ; thus
much now, that there is no judgment, no, nor plea
against it. Though I said no more, it were
enough, in my opinion, to induce you to a " non
liquet," to leave it a doubt.
The second consideration is, the force and con-
tinuance of payments made by grants of mer-
chants, both strangers and English, without con-
tent of parliament. Herein I lay this ground
that such grants considered in themselves are void
in law : for merchants, either strangers or sub-
jects, they are no body corporate, but singular and
dispersed persons ; they cannot bind succession,
neither can the major part bind the residue : how j
then should their grants have force 1 No other- ;
wise but thus : that the king's power of imposing j
was only the legal virtue and strength of those
grants ; and that the consent of a merchant is but
m concurrence ; the king is " principale agent,"
and they are but as the patient, and so it becomes
m binding act out of the king's power.
Now, if any man doubt that such grants of mer-
chants should not be of force, I will allege but
two memorable records, the one for the merchants
strangers, the other for the merchants English.
That for the strangers is upon the grant of " chart.
mercator." of three pence in value " ultra anti-
ques custumas;" which grant is in use and
practice at this day. For it is well known to the ;
merchants, that that which they call stranger's'
eustom, and erroneously double custom, is but,
three pence in the pound more than English. !
Now look into the statutes of subsidy of tonnage
and poundage, and you shall find, a few merchan-
dise only excepted, the poundage equal upon
alien and subject; so that this difference or excess
of three pence hath no other ground than that
grant. It falleth to be the same in quantity; there
is no statute for it, and, therefore, it can have no
strength but from the merchants' grants ; and the
merchants' grants can have no strength, but from
the king's power to impose.
For the merchants English, take the notable
record in 17 E. III., where the Commons com-
plained of the forty shillings upon the sack of
wool as a raaltoll set by the assent of the mer-
chants without consent of parliament; nay, they
dispute and say it were hard that the merchants*
consent should be in damage of the Commons.
What saith the king to them 1 doth he grant it or
give way to it ? No; but replies upon them, and
saith, It cannot be rightly construed to be in
prejudice of the Commons, the rather because
provision was made, that the merchants should
not work upon them, by colour of that payment
to increase their price ; in that there was a price
certain set upon the wools. And there was an
end of that matter; which plainly affirmeth the
force of the merchants' grants. So, then, the force
of the grants of merchants, both English and
strangers, appcareth, and their grants being not
corporate, are but noun adjectives, without the
king's power to impose.
The third consideration is, of the first and most
ancient commencement of customs ; wherein I am
somewhat to seek ; for, as the poet saith, " Ingre-
diturque solo, et caput inter nubila condit," the
beginning of it is obscure : but I rather conceive
that it is by common law than by grant in parlia-
ment. For, first, Mr. Dyer's opinion was, that
the ancient custom for- exportation was by the
common laws ; and goeth further, that that ancient
custom was the custom upon wools, woolfellt,
and leather : he was deceived in the particular,
and the diligence of your search hath revealed it;
for that custom upon these three merchandises
grew by grant of parliament 3 E. I. ; but the
opinion in general was sound ; for there was a
custom before that: for the records themselves
which speak of that custom do term it a new
custom, " Alentour del novel custome." As con-
cerning the new custom granted, etc., this it
pregnant, there was yet a more ancient. So for
the strangers, the grant in 31 E. I. " chart, mer-
cator." is, that the three pence granted by the
strangers should be " ultra antiquas custumas,"
which hath no affinity with that custom upon the
three species, but presupposeth more ancient
customs in general. Now, if any man think that
those more ancient customs were likewise by act
of parliament, it is but a conjecture: it is never
recited " ultra antiquas custumas prius concessas,"
and acts of parliament were not much stirring
before the great charter, which was 9 H. III.
And, therefore, I conceive with Mr. Dyer, that
whatsoever was the ancient custom, was by the
*80
ARGUMENT CONCERNING IMPOSITIONS, ETC.
common law. And if by the common law, then
what other means can be imagined of the com-
mencement of it hut by the king's imposing ?
The fourth consideration is, of the manner that
was held in parliament in the abolishing of impo-
sitions laid : wherein I will consider, first, the
manner of the petitions exhibited in parliament;
and more especially the nature of the king's
answers. For the petitions I note two things;
first, that to my remembrance there was never
any petition made for the revoking of any imposi-
tion upon foreign merchants only. It pleased the
Decemviri in 5 E. II. to deface " chart, mercator."
and so the imposition upon strangers, as against
law : but the opinion of these reformers I do not
much trust, for they of their gentleness did like-
wise bring in doubt the demy-mark, which it is
manifest was granted by parliament, and pro-
nounced by them the king should have it, " s'il
avoit le doit :" but this is declared void by 1 E.
III., which reneweth "chart, mercator." and void
must it needs be, because it was an ordinance by
commission only, and that in the time of a weak
king, and never either warranted or confirmed by
parliament. Secondly, 1 note that petitions were
made promiscuously for taking away impositions
set by parliament as well as without parliament;
nay, that very tax of the " neufiesme," the ninth
sheaf or fleece, which is recited to be against the
king's oath, and in blemishment of his crown,
was an act of parliament, 14 E. III. So, then, to
infer that impositions were against law, because
they are taken away by succeeding parliaments,
it is no argument at all ; because the impositions
set by the parliaments themselves, which no man
will say were against law, were, nevertheless,
afterwards pulled down by parliament. But
indeed the argument holdeth rather the other
way, that because they took not their remedy in
the king's courts of justice, but did fly to the
parliament, therefore they were thought to stand
with law.
Now for the king's answers: if the imposi-
tions complained of had been against law, then
the king's answer ought to have been simple,
"tanquam responsio categorica, non hypotheti-
ca;" as, Let them be repealed, or, Let the law
run : but, contrariwise, they admit all manner of
diversities and qualifications : for
Sometimes the king disputeth the matter and
doth nothing; as 17 E. III.
Sometimes the king distinguisheth of reason-
able and not reasonable, as 38 E. III.
Sometimes he abolisheth them in part, and let-
teth them stand in part, as 1 1 E. II., the re-
cord of the "mutuum," and 14 E. HI., the
printed statute, whereof I shall speak more
anon.
Sometimes that no imposition shall be set dur-
ing the time that the grants made of subsi-
dies by parliament shall continue, at 47
E. III.
Sometimes that they shall cease "ad votanta-
tem nostram."
And sometimes that they shall hold over their
term prefixed or asseiased.
All which showeth that the king did not dis-
claim them as unlawful, for "actus legitimus
non recipit tempus aut conditionem." If it had
been a disaffirmance by law, they must have gone
down "in solido," but now you see they have
been tempered and qualified as the king saw con-
venient.
The fifth consideration is of that which is offer-
ed by way of objection ; which is, first, that such
grants have been usually made by consent of par-
liament; and, secondly, that the statutes of sub-
sidies of tonnage and poundage have been made
as a kind of stint and limitation, that the king
should hold himself unto the proportion so grant-
ed, and not impose further ; the rather because it
is expressed in some of these statues of tonnage
and poundage, sometimes by way of protestation,
and sometimes by way of condition, that they
shall not be taken in precedent, or that the king
shall not impose any further rates or novelties, as
6 R. II., 9 R. II., 13 H. IV., 1 H. V., which
subsidies of tonnage and poundage have such
clauses and cautions.
To this objection I give this answer. First,
that it is not strange with kings, for their own
better strength, and the better contentment of
their people, to do those things by parliament,
which, nevertheless, have perfection enough with-
out parliament. We see their own rights to the
crown, which are inherent, yet they take recogni-
tion of them by parliament. And there was t
special reason why they should do it in this case,
for they had found by experience that if they
had not consent in parliament to the setting of
them up, they could not have avoided suit in par-
liament for the taking of them down. Besides,
there were some things requisite in the manner
of the levy for the better strengthening of the
same, which percase could not be done without
parliament, as the taking the oath of the party
touching the value, the inviting of the discovery
of concealment of custom, by giving the moiety
to the informer, and the like.
Now in special for the statutes of subsidies of
tonnage and poundage, I note three things. First,
that the consideration of the grant is not laid to
be for the restraining of impositions, but express-
ly for the guarding of the sea. Secondly, that it
is true that the ancient form is more peremptory,
and the modern more submiss ; for in the ancient
form sometimes they insert a flat condition that
the king shall not further impose; in the latter
they humbly pray that the merchants may be de-
meaned without oppression, paying those rates;
A BRIEF SPEECH, ETC.
981
tiether it be supplication, or whether it be
ion, it rather implieth the king hath a
; for else both were needless, for " conditio
itur ubi Hbertas presumitur," and the word
aion seemeth to refer to excessive imposi-
And, thirdly, that the statutes of tonnage
oundage are but "cumulative," and not
itive" of the king's power precedent, appear-
itably in the three pence overplus, which
I by the merchants strangers, which should
an away quite, if those statutes were taken
imitations ; for in that, as we touched be-
ne rates are equal in the generality between
U and strangers, and yet that imposition,
hstanding any supposed restriction of these
f subsidies of tonnage and poundage, re-
th at this day.
sixth consideration is likewise of an objec-
bich is matter of practice, viz. : that from R.
II. 's time to Q. Mary, which is almost two hundred
years, there was an intermission of impositions, as
appeareth both by records and the custom-books.
To which 1 answer; both that we have in ef-
fect an equal number of years to countervail them,
namely, one hundred years in the times of the
three kings $dwa/ds added to sixty of our last
years; and "extrerna obruunt media;" for we
have both the reverence of antiquity and the
possession of the present times, and they but the
middle times; and, besides, in all true judgment
there is a very great difference between an usage
to prove a thing lawful, and a non-usage to prove
it unlawful : for the practice plainly implieth con-
sent; but the discontinuance may be either be-
cause it was not needful, though lawful ; or be-
cause there was found a better means, as I think
it was indeed in respect of the double customs
by means of the staple at Calais.
A BRIEF SPEECH
IN THE END OF THE SESSION OF PARLIAMENT 7 JACOBI.
MHO SOME SUPPLY TO BE GIVE* TO HM MAJESTY ; WHICH SEEMED THEM TO STAND UPOM DOUBTFUL
AMD PASSED UPOM THIS SPEECH.
: proportion of the king's supply is not now
stion : for when that shall be, it may be I
ye of opinion, that we should give so now,
may the better give again. But as things
for the present, I think the point of honour
potation is that which his majesty standeth
ipon, that our gift may at least be like those
n, that may serve to lay the winds, though
o not sufficiently water the earth,
labour to persuade you, I will not: for I
not into what form to cast my speech. If
Id enter into a laudative, though never so
id just, of the king' 8 great merits, it may
:en for flattery : if I should speak of the
obligations which intercede between the
nd the subject, in case of the king's want,
em kind of concluding the House : if I
speak of the dangerous consequence
which want may reverberate upon subjects, it
might have a show of a secret menace.
These arguments are, I hope, needless, and do
better in your minds than in my mouth. But this,
give me leave to say, that whereas the example
of Cyrus was used, who sought his supply from
those upon whom he had bestowed his benefits ;
we must always remember, that there are as well
benefits of the sceptre as benefits of the hand, as
well of government as of liberality. These, I am
sure, we will acknowledge to have come " plena
manu" amongst us all, and all those whom we
represent; and, therefore, it is every man's head
in this case that must be his counsellor, and
every man's heart his orator; and to those
inward powers more forcible than any man's
speech, I leave it, and with it may go to the
question.
.IL— 36
SaS
1
A CERTIFICATE.
TO
THE LORDS OF THE COUNCIL,
UPON INFORMATION GIVEN
TOUCH1MO TBI ■OABOITT OP OLVKB AT TBI MIMT, AMD BKrKKKHCS TO THE TWO CHAVCBLLOBSy 4KD TBS KOTO'S WUCmi.
It mat please tour Lordships,
According unto your lordships' letters unto us
directed, grounded upon the information which
his majesty hath received concerning the scarcity
of silver at the mint, we have called before us as
well the officers of the mint, as some principal
merchants, and spent two whole afternoons in the
examination of the business; wherein we kept
this order, first to examine the fact, then the
causes, with the remedies.
And, for the fact, we directed the officers of the
mint to give unto us a distinguished account how
much gold and silver hath yearly been brought
into the mint, by the space of six whole years
last past, more especially for the last three
months succeeding the last proclamation touching
the price of gold ; to the end we might by the
suddenness of the fall discern, whether that pro-
clamation might be thought the efficient cause of
the present scarcity. Upon which account it
appears to us, that during the space of six years
aforesaid, there hath been still degrees of decay
in quantity of the silver brought to the mint, but
yet so, as within these last three months it hath
grown far beyond the proportion of the former
time, insomuch as there comes in now little or
none at all. And, yet, notwithstanding, it is
some opinion, as well amongst the officers of the
mint as the merchants, that the state need be the
less apprehensive of this effect, because it is like
to be but temporary, and neither the great flush
of gold that is come into the mint since the
proclamation, nor, on the other side, the great
scarcity of silver, can continue in proportion as it
now doth.
Another point of the fact, which we thought fit
to examine, was, whether the scarcity of silver
appeared generally in the realm, or only at the
mint ; wherein it was confessed by the merchants,
that silver is continually imported into the realm,
and is found stirring amongst the goldsmiths, and
otherwise, much like as in former times, although,
in respect of the greater price which it hath with
the goldsmith, it cannot find the way to the mint.
And thus much for the fact.
For the causes with the remedies, we have
heard many propositions made, as well by the
Lord Knevet, who assisted us in this conference,
as by the merchants ; of which propositions few
were new unto us, and much less can be new to
your lordships ; but yet, although upon former
consultations, we are not unacquainted what it
more or less likely to stand with your lordships'
grounds and opinions, we thought it nevertheless
the best fruit of our diligence to set them down
in articles, that your lordships with more ease
may discard or entertain the particulars, begin-
ning with those which your lordships do point at
in your letters, and so descending to the rest
The first proposition is, touching the dispropor-
tion of the price between gold and silver, which
is now brought to bed, upon the point of fourteen
to one, being before but twelve to one. This we
take to be an evident cause of scarcity of silver
at the mint, but such a cause as will hardly re-
ceive a remedy; for either your lordships most
draw down again the price of gold, or advance
the price of silver; whereof the one is going back
from that which is so lately done, and whereof
you have found good effect, and the other is a
thing of dangerous consequence, in respect of the
loss to all moneyed men in their debts, gentlemen
in their rente, the king in his customs, and the
common subject in raising the price of things
vendible. And upon this point it is fit we give
your lordships understanding what the merchants
intimated unto us, that the very voicing or sus-
pect of the raising of the price of silver, if it be
not cleared, would make such a deadness and re-
tention of money this vacation, as, to use their
own words, will be a misery to the merchants:
so that we were forced to use protestation, that
there was no such intent.
The second proposition, is touching the charge
of coinage ; wherein it was confidently avouched
by the merchants, that if the coinage were
brought from two shillings unto eighteen pence,
as it was in Queen Elizabeth's time, the king
would gain more in the quantity than he should lose
in the price : and they aided themselves with that
argument, that the king had been pleased to abate
his coinage in the other metal, and found good of
it: which argument, though it doth admit a differ-
ence, because that abatement was coupled with
882
CERTIFICATE RELATING TO THE MINT.
283
the raising of the price, whereas this is to go
tlone ; yet, nevertheless, it seemed the officers of
the mint were not unwilling to give way to some
abatement, although they presumed it would be
of small effect, because that abatement would not
be equivalent to that price which Spanish silver
bears with the goldsmith ; but yet it may be used
as an experiment of state, being recoverable at his
majesty's pleasure.
The third proposition is, concerning the ex-
portation of silver more than in former times,
wherein we fell first upon the trade into the
East Indies; concerning which it was materially,
in our opinions, answered by the merchants of
that company, that the silver which supplies that
trade, being generally Spanish moneys, would
not be brought in but for that trade, so that it sucks
in as well as it draws forth. And, it was added,
likewise, that as long as the Low Countries
maintained that trade in the Indies, it would
kelp little, though our trade were dissolved,
because that silver which is exported immedi-
ately by us to the Indies, would be drawn out of
this kingdom, for the Indies, immediately by the
Dutch : and for the silver exported to the Levant,
it was thought to be no great matter. As for
other exportation, we saw no remedy but the
execution of the laws, specially those of employ-
ment, being, by some mitigation, made agreeable
to the times. And these three remedies are of
mat nature, as they serve to remove the causes
of this scarcity. There were other propositions
of policies and means, directly to draw silver to
the mint.
The fourth point thereof, was this : It is agreed
mat the silver which hath heretofore fed the
mint, principally, hath been Spanish money.
This now comes into the realm plentifully, but
not into the mint. It was propounded, in imita-
tion of some precedent in France, that his majesty
would, by proclamation, restrain the coming in
of this money "sub modo;" that is, that either it
be brought to the mint, or otherwise to be but and
defaced, because that now it passeth in payments
in a kind of currency. To which it was colour-
ably objected, that this would be the way to have
none brought in at all, because the gain ceasing,
the importation would cease ; but this objection
was well answered, that it is not gain altogether,
but a necessity of speedy payment, that causeth
the merchant to bring in silver to keep his credit,
and to drive his trade : so that if the king keep
bis fourteen days' payment at the mint, as he
always hath done, and have, likewise, his ex-
changers for those moneys, in some principal
parts, it is supposed that all Spanish moneys,
which is the bulk of silver brought into this
realm, would, by means of such a proclamation,
come into the mint; which may be a thing
considerable.
The fifth proposition was this: It was war-
ranted by the laws of Spain, to bring in silver for
corn or victuals; it was propounded that his
majesty would restrain exportation of corn " sub
modo," except they bring the silver which re-
sulted thereof, unto his mint; that trade being
commonly so beneficial, as the merchant may
well endure the bringing of the silver to the
mint, although it were at the charge of coinage,
which it now beareth further, as incident to this
matter. There was revived by the merchants,
with some instance, the ancient proposition, con-
cerning the erection of granaries for foreign corn,
forasmuch as, by that increase of trade in corn,
the importation of silver would likewise be
multiplied.
The sixth proposition was, That upon all
license of forbidden commodities, there shall
be a rate set of silver to be brought into the
mint : which, nevertheless, may seem somewhat
hard, because it imposeth upon the subject that
which causeth him to incur peril of confiscation
in foreign parts. To trouble your lordships
further with discourses which we had of making
foreign coins current, and of varying the king's
standard to weight, upon the variations in other
states, and repressing surfeit of foreign commo-
dities, that our native commodities, surmounting
the foreign, may draw in treasure by way of
overplus ; they be commonplaces so well known
to your lordships, as it is enough to mention them
only.
There is only one thing more, which is, to put
your lordships in mind of the extreme excess in
the wasting of both metals, both of gold and
silver foliate, which turns the nature of these
metals, which ought to be perdurable, and makes
them perishable, and, by consumption, must be a
principal cause of scarcity in them both ; which,
we conceive, may receive a speedy remedy by his
majesty's proclamation.
Lastly, We are humble suitors to your lord-
ships, that for any of these propositions, that
your lordships should think fit to entertain in
consultations, your lordships would be pleased
to hear them debated before yourselves, as being
matters of greater weight than we are able to
judge of. And so, craving your lordships' pardon
for troubling you so long, we commend your
lordships to God's goodness.
HIS LORDSHIP'S SPEECH
IX THl PAEUAMEJIT,
Aeing lord chancellor,
TO
THE SPEAKER'S EXCUSE.
Me. Serjeant Richardson,
The king hath heard and observed your grave
and decent speech* tending to the excuse and
disablement of yourself for the place of speaker.
In answer whereof, his majesty hath commanded
me to say to you, that he doth in no sort admit of
the same.
First, Because if the party's own judgment
should be admitted in case of elections, touching
himself, it would follow, that the most confident
and overweening persons would be received;
and the most considerate men, and those that
understand themselves best, would be rejected.
Secondly, His majesty doth so much rely upon
the wisdoms and discretions of those of the House
of Commons, that have chosen you with a una-
nimous consent, that his majesty thinks not good
to swerve from their opinion in that wherein
themselves are principally interested.
Thirdly, You have disabled yourself in so good
and decent a fashion, as the manner of your speech
hath destroyed the matter of it.
And, therefore, the king doth allow of the elec-
tion, and admit you for speaker.
TO THE SPEAKER'S ORATION.
Mr. Speaker,
The king hath heard and observed your eloquent
discourse, containing much good matter, and much
good will: wherein you must expect from me
such an answer only as is pertinent to the occa-
sion, and compassed by due respect of time.
I may divide that which you have said into four
parts.
The first was a commendation, or laudative of
monarchy.
The second was indeed a large field, containing
a thankful acknowledgment of his majesty's bene-
fits, attributes, and acts of government.
The third was some passages touching the insti-
tution and use of parliaments.
The fourth and last was certain petitions to his
majesty on the behalf of the House and yourself.
For your commendation of monarchy, and pre-
ferring it before other estates, it needs no answer;
the schools may dispute it; but time hath tried it,
and we find it to be the best. Other states have
curious frames, soon put out of order : and they
that are made fit to last, are not commonly fit to
grow or spread : and, contrariwise, those that are
made fit to spread and enlarge, are not fit to con-
tinue and endure. But monarchy is like a work
of nature, well composed both to grow and to con-
tinue. From this I pass.
For the second part of your speech, wherein yon
did with no less truth than affection acknowledge
the great felicity which we enjoy by his majes-
ty's reign and government, his majesty hath com-
manded me to say unto yon, that praises and
thanksgivings he knoweth to be the true oblations
of hearts and loving affections : but that which yoa
offer him he will join with you, in offering it up to
God, who is the author of all good ; who knoweth
also the uprightness of his heart; who he hopetb
will continue and increase his blessings both
upon himself and his posterity, and likewise upon
his kingdoms and the generations of them.
But I for my part must say unto yoa, as the
Grecian orator said long since in the like case:
" Solus dignus harum rerum laudator tempos ;"
Time is the only commender and encomiastic
worthy of his majesty and his government.
Why time? For that, in the revolution of so
many years and ages as have passed over this
kingdom, notwithstanding, many noble and ex-
cellent effects were never produced until his ma-
jesty's days, but have been reserved as proper and
peculiar unto them.
And because this is no part of a panegyric, bat
merely story, and that they be so many articles
of honour fit to be recorded, I will only mention
them, extracting part of them out of that yon,
Mr. Speaker, have said; they be in number
eight.
First, his majesty is the first, as you noted it
well, that hath laid "lapis angularis," the corner
stone of these two mighty kingdoms of England
and Scotland, and taken away the wall of sepa-
ration : whereby his majesty is become the mo-
Mi
REPLY TO THE SPEAKER'S EXCUSE.
280
torch of the most puissant and military nations of
the world ; and, if one of the ancient wise men
was not deceived, iron commands gold.
Secondly, the plantation and reduction to civi-
lity of Ireland, the- second island of the ocean
Atlantic, did by God's providence wait for his
majesty's times ; being a work resembling indeed
the works of the ancient heroes: no new piece of
that kind in modern times.
Thirdly, This kingdom, now first in his ma-
jesty's times, hath gotten a lot or portion in the
new world, by the plantation of Virginia and the
Summer Islands. And certainly it is with the
kingdoms on earth as it is in the kingdom of hea-
ven : sometimes a grain of mustard-seed proves a
great tree. Who can tell ?
Fourthly, His majesty hath made that truth
which was before titularly, in that he hi\th veri-
fied the style of Defender of the Faith : wherein
his majesty's pen hath been so happy, as, though
the deaf adder will not hear, yet he is charmed
that he doth not hiss. I mean in the graver sort
of those that have answered his majesty's writ-
ings.
Fifthly, It is most certain, that since the con-
quest ye cannot assign twenty years, which is the
time that his majesty's reign now draws fast upon,
of inward and outward peace. Insomuch, as the
time of Queen Elizabeth, of happy memory, and
always magnified for a peaceable reign, was ne-
vertheless interrupted the first twenty years with
a rebellion in England; and both first and last
twenty years with rebellions in Ireland. And
yet I know, that his majesty will make good both
his words, as well that of " Nemo me lacessit
impune," as that other of " Beati pacifici."
Sixthly, That true and primitive office of kings,
which is, to sit in the gate and to judge the peo-
ple, was never performed in like perfection by
any of the king's progenitors : whereby his ma-
jesty hath showed himself to be " lex loquens,"
and to sit upon the throne, not as a dumb statue,
but as a speaking oracle.
Seventhly, For his majesty's mercy, as you
noted it well, show me a time wherein a king of
this realm hath reigned almost twenty years, as I
said, in his white robes, without the blood of any
peer of this kingdom : the axe turned once or
twice towards a peer, but never struck.
Lastly, The flourishing of arts and sciences re-
created by his majesty's countenance and bounty,
was never in that height, especially that art of
arts, divinity; for that we may truly to God's
great glory confess, that since the primitive
times, there were never so many stars, for so the
Scripture calleth them, in that firmament.
These things, Mr. Speaker, I have partly
chosen out of your heap, and are so far from being
vulgar, as they are in effect singular and proper
to his majesty and his times. So that I have
made good, as I take it, my first assertion ; that
the only worthy commender of his majesty is
time : which hath so set off his majesty's merits
by the shadow of comparison, as it passeth the
lustre or commendation of words.
How then shall I conclude 1 Shall I say, " O
fortunatos nimium sua si bona norint?" No, for
I see ye are happy in enjoying them, and happy
again in knowing them. But I will conclude
this part with that saying, turned to the right
hand: "Si gratum dixeris, omnia dixeris."
Your gratitude contains in a word all that I can
say to you touching this parliament.
Touching the third point of your speech, con-
cerning parliaments, I shall need to say little: for
there was never that honour done to the institu-
tion of parliament, that his majesty .did it in his
last speech, making it in effect the perfection of
monarchy ; for that although monarchy was the
more ancient, and be independent, yet by the ad-
vice and assistance of parliament it is the stronger
and the surer built.
And therefore I shall say no more of this point;
but as you, Mr. Speaker, did well note, that when
the king sits in parliament, and his prelates,
peers, and commons attend him, he is in the
exaltation of his orb ; so I wish things may be so
carried, that he may be then in greatest serenity
and benignity of aspect; shining upon his people
both in glory and grace. Now you know well,
that the shining of the sun fair upon the ground,
whereby all things exhilarate and do fructify, is
either hindered by clouds above or mists below ;
perhaps by brambles and briers that grow upon
the ground itself. All which I hope at this time
will be dispelled and removed.
I come now to the last part of your speech,
concerning the petitions : but before I deliver his
majesty's answer respectively in particular, I am
to speak to you some few words in general ;
wherein, in effect, I shall but glean, his majesty
having so excellently and fully expressed him-
self.
For that, that can be spoken pertinently, must
be either touching the subject or matter of parlia-
ment business ; or of the manner and carriage of
the same ; or, lastly, of the time, and the husband-
ing and marshalling of time.
For the matters to be handled in parliament,
they are either of church, state, laws, or grievances.
For the first two, concerning church or state,
ye have heard the king himself speak ; and as the
Scripture saith, " Who is he that in such things
shall come after the king V For the other two,
I shall say somewhat, but very shortly.
For laws, they are things proper for your own
element; and, therefore, therein ye are rather to
lead than tobe led. Only it is not amiss to put you
in mind of two things ; the one, that ye do not
multiply or accumulate laws more than ye need.
There is a wise and learned civilian that applies
the curse of the prophet, "Pluet super eos laqueoe,
»»
t86
A SPEECH ON THE MOTION OF A SUBSIDY.
to multiplicity of laws : for they do but ensnare
and entangle the people. I wish rather, that ye
should either revive good laws that are fallen and
discontinued, or provide against the slack execu-
tion of laws which are already in force ; or meet
with the subtile evasions from laws which time
and craft hath undermined, than to make " novas
creatures legum," laws upon a new mould.
The other point, touching laws, is, that ye busy
not yourselves too much in private bills, except
it be in cases wherein the help and arm of ordinary
justice is too short.
For grievances, his majesty hath with great
grace and benignity opened himself. Neverthe-
less, the limitations, which may make up your
grievances not to beat the air only, but to sort to
a desired effect, are principally two. The one,
to use his majesty's term, that ye do not hunt
after grievances, such as may seem rather to be
stirred here when yc are met, than to have
sprung from the desires of the country: ye are to
represent the people ; ye are not to personate
them.
The other, that ye do not heap up grievances,
as if numbers should make a show where the
weight is small ; or, as if all things amiss, like
Plato's commonwealth, should be remedied at
once. It is certain, that the best governments,
yea, and the best men, are like the best precious
stones, wherein every flaw or icicle or grain are
seen and noted more than in those that are gene-
rally foul and corrupted.
Therefore contain yourselves within that mode-
ration as may appear to bend rather to the effectual
ease of the people, than to a discursive envy, or
scandal upon the state.
As for the manner of carriage of parliament
business, ye must know, that ye deal with a king
that hath been longer king than any of you have
been parliament men ; and a king that is no less
sensible of forms than of matter ; and is as far from
enduring diminution of majesty, as from regard-
ing flattery or vainglory ; and a king that under-
standeth as well the pulse of the hearts of the
people, as his own orb. And, therefore, both let
your grievances have a decent and reverend form
and style ; and, to use the words of former par-
liaments, let them be " tanquam gemitus co-
lumbe," without pique or harshness: and, on
the other side, in that ye do for the king, let it
have a mark of unity, alacrity, and affection;
which will be of this force, that whatsoever ye
do in substance, will be doubled in reputation
abroad, as in a crystal glass.
For the time, if ever parliament was to be
I measured by the hour-glass, it is this; in regard
of the instant occasion flying away irrecoverably.
Therefore, let your speeches in the House be the
speeches of counsellors, and not of orators; let
your committees tend to despatch, not to dispute;
and so marshal the times as the public business,
especially the proper business of the parliament,
be put first, and private bills be put last, as time
shall give leave, or within the spaces of the
public
For the four petitions, his majesty is pleased to
grant ihem all as liberally as the ancient and true
custom of parliament doth warrant, and with the
cautions that have ever gone with them ; that is
to say, That the privilege be not used for defraud-
ing of creditors, and defeating of ordinary justice:
that liberty of speech turn not into license, but be
joined with that gravity and discretion, as may
taste of duty and love to your sovereign, reverence
to your own assembly, and respect to the matters
ye handle : that your accesses be at such fit times,
as may stand best with his majesty's pleasure
and occasions: that mistakings and misunder-
standings be rather avoided and prevented, as
much as may be, than salved or cleared.
A SPEECH IN PARLIAMENT,
30 OF ELIZABETH,
UPON THE MOTION OF SUBSIDY.
And please you, Mr. Speaker, I must consider
the time which is spent; but yet so, as I must
consider also the matter, which is great. This
great cause was, at the first, so materially and
weightily propounded ; and after, in such sort
persuaded and enforced; and by him that last
spake, so much time taken, and yet to good pur-
pose ; as I shall speak at a great disadvantage :
but, because it hath been always used, and the
mixture of this House doth so require it, that in
causes of this nature there be some speech and
opinion, as well from persons of generality, as
by persons of authority, I will say somewhat,
and not much : wherein it shall not be fit for me
to enter into, or to insist upon secrets, either of
her majesty's coffers, or of her council ; but my
speech must be of a more vulgar nature.
I will not enter, Mr. Speaker, into a laudative
A SPEECH ON THE MOTION OF A SUBSIDY. 287
speech of the high and singular benefits, which, ; ground for his hedge and ditch, to fortify and
by her majesty's most politic and happy govern- defend the rest. Why, Mr. Speaker, the disputer
merit, we receive, thereby to incite you to a will, if he be wise and cunning, grant somewhat
retribution ; partly, because no breath of man that seemeth to make against him, because he will
can set them forth worthily ; and partly, because, keep himself within the strength of his opinion, and
I know, her majesty, in her magnanimity, doth ; the better maintain the rest. But this place adver-
bestow her benefits like her freest patents, tiseth me not to handle the matter in a common-
"absque aliquo inde reddendo;11 not looking for) place. I will now deliver unto you that, which,
any thing again, if it were in respect only of her upon a " probatum est,11 hath wrought upon
particular, but love and loyalty. Neither will I myself, knowing your affections to be like mine
now, at this time, put the case of this realm of own. There hath fallen out, since the last par-
England too precisely ; how it standeth with the liament, four accidents or occurrents of state ;
subject in point of payments to the crown : though things published and known to you all ; by every
I could make it appear by demonstration, what one whereof, it seemeth to me, in my vulgar
opinion soever be conceived, that never subjects understanding, that the danger of this realm is
were partakers of greater freedom and ease; and increased : which I speak not by way of appro-
that whether you look abroad into other countries hending fear, for I know I speak to English
at this present time, or look back to former times courages ; but by way of pressing provision : for
in this our own country, we shall find an exceed- I do find, Mr. Speaker, that when kingdoms and
ing difference in matter of taxes; which, now, I states are entered into terms and resolutions of
reserve to mention; not so much in doubt to hostility one against the other ; yet they are many
acquaint your ears with foreign strains, or to dig times restrained from their attempts by four
up the sepulchres of buried and forgotten impo- \ impediments.
sitions, which, in this case, as by way of com- ' The first is by this same "aliud agere;11 when
parison, it is necessary you understand ; but they have their hands full of other matters, which
because speech in the House is fit to persuade the they have embraced, and serveth for a diversion
general point, and, particularly, is more proper
and seasonable for the committee : neither will I
make any observation upon her majesty's manner
of expending and issuing treasure; being not
upon excessive and exorbitant donatives, nor
upon sumptuous and unnecessary triumphs,
buildings, or like magnificence; but upon the
preservation, protection, and honour of the realm :
of their hostile purposes.
The next is, when they want the commodity
or opportunity of some places of near approach.
The third, when they have conceived an appre-
hension of the difficulty and churlishness of the
enterprise, and that it is not prepared to their hand.
And the fourth is, when a state, through the
age of the monarch, groweth heavy and indis-
for I dare not scan upon her majesty's actions, posed to actions of great peril and motion : and
which it becometh me rather to admire in silence, | this dull humour is not sharpened nor inflamed
than to gloss or discourse upon them, though by any provocations or scorns. Now if it please
with never so good a meaning. Sure I am, that you to examine, whether, by removing the
the treasure that cometh from you to her majesty, impediments, in these four kinds, the danger
is but as a vapour which riseth from the earth, be not grown so many degrees nearer us by
and gathereth into a cloud, and stayeth not there accidents, as I said, fresh, and all dated since the
long ; but upon the same earth it falleth again : last parliament.
and what if some drops of this do fall upon Soon after the last parliament, you may be
France or Flanders'? It is like a sweet odour of i pleased to remember how the French king revolted
honour and reputation to our nation throughout from his religion; whereby every man of common
the world. But 1 will only insist upon the ' understanding may infer, that the quarrel between
natural and inviolate law of preservation. j France and Spain is more reconcileable, and a
It is a truth, Mr. Speaker, and a familiar truth, > greater inclination of affairs to a peace, than be-
that safety and preservation is to be preferred | fore : which supposed, it followeth, Spain shall
before benefit or increase, inasmuch as those be more free to intend his malice against this
counsels which tend to preservation, seem to be realm.
attended with necessity : whereas those delibera-
tions which tend to benefit, seem only accompa-
nied with persuasion. And it is ever gain and
no loss, when at the foot of the account there
remains the purchase of safety. The prints of
Since the last parliament, it is also notorious
in every man's knowledge and remembrance, that
the Spaniards have possessed themselves of that
avenue and place of approach for England, which
was never in the hands of any king of Spain be-
this are every where to be found : the patient will | fore ; and that is Calais; which in true reason
ever part with some of his blood to save and clear and consideration of estate of what value or ser-
the rest: the seafaring man will, in a storm, cast vice it is, I know not; but in common under-
over some of his goods to save and assure the standing, it is a knocking at our doors,
rest: the husbandman will afford some foot of Since the last parliament also that ulcer of Ire-
988
A 8PEECH ON THE MOTION OF A SUBSIDY.
land, which indeed brake forth before, hath run
on and raged more : which cannot but be a great
attractive to the ambition of the council of Spain,
who by former experience know of how tough a
complexion this realm of England is to be assail-
ed; and, therefore, as rheums and fluxes of hu-
mours, is like to resort to that part which is weak
and distempered.
And, lastly, it is famous now, and so will be
many ages hence, how by these two sea-journeys
we have braved him, and objected him to scorn :
so that no blood can be so frozen or mortified, but
must need 8 take flames of revenge upon so mighty
a disgrace.
So as this concurrence of occurrents, all since
our last assembly, some to deliver and free our
enemies, some to advance and bring him on his
way, some to tempt and allure him, some to spur
on and provoke him, cannot but threaten an in-
crease of our peril in great proportion.
Lastly, Mr. Speaker, I will but reduce to the
memory of this House one other argument, for
ample and large providing and supplying trea-
sure: and this it is:
I see men do with great alacrity and spirit pro-
ceed when they have obtained a course they long
wished for and were restrained from. Myself
can remember, both in this honourable assembly,
and in all other places of this realm, how forward
and affectionate men were to have an invasive
war. Then we would say, a defensive war was
like eating and consuming interest, and needs we
would be adventurers and assailants: "Habes
quod tota mente pctisti :" shall we not now make
it good 1 especially when we have tasted so pros-
perous fruit of our desires.
The first of these expeditions invasive wts
achieved with great felicity, ravished a strong and
famous port in the lap and bosom of their high
countries ; brought them to such despair as they
fired themselves and their Indian fleet in sacrifice,
as a good odour and incense unto God for the
great and barbarous cruelties which they have
committed upon the poor Indians, whither that
fleet was sailing; disordered their reckonings so,
as the next news we heard of was nothing but
protesting of bills and breaking credit.
The second journey was with notable resolu-
tion borne up against weather and all difficulties;
and besides the success in amusing him and pat*
ting him to infinite charge, sure I am it was like
a Tartar's or Parthian's bow, which shooteth
backward, and had a most strong and violent
effect and operation both in France and Flanders;
so that our neighbours and confederates have
reaped the harvest of it; and while the life-blood
of Spain went inward to the heart, the outward
limbs and members trembled, and could not re-
sist. And, lastly, we have a perfect account of
all the noble and good blood that was carried
forth, and of all our sea-walls and good shipping,
without mortality of persons, wreck of vessels,
or any manner of diminution. And these have
been the happy effects of our so long and so much
desired invasive war.
To conclude, Mr. Speaker, therefore, I doubt
not but every man will consent that our gift must
bear these two marks and badges: the one, of
the danger of the realm by so great a proportion,
since the last parliament, increased; the other,
of the satisfaction we receive in having obtained
our so earnest and ardent desire of an invasive war.
CHARGES.
THE JUDICIAL CHARGE
or
SIR FRANCIS BACON, KNIGHT,
THE KINO'S SOLICITOR,
UPON THE COMMISSION OF OYER AND TERMINER HELD FOR THE
VERGE OF THE COURT.
M
Lex vitioram emendatrix, vlrtutum commendatrix est.'
You are to know, and consider well the duty
and service to which you are called, and where-
upon you are by your oath charged. It is the
happy estate and condition of the subject of this
realm of England, that he is not to be impeached
in his life, lands, or goods, by flying rumours, or
wandering fames and reports, or secret and privy
inquisitions ; but by the oath and presentment of
men of honest condition, in the face of justice.
But this happy estate of the subject will turn to
hurt and inconvenience, if those that hold that
part which you are now to perform shall be neg-
m ligent and remiss in doing their duty; for as of
two evils it were better men's doings were looked
into over-strictly and severely, than that there
should be a notorious impunity of malefactors ;
as was well and wisely said of ancient time, " a
man were better live where nothing is lawful,
than where all things are lawful." This, there-
fore, rests in your care and conscience, forasmuch
as at you justice begins, and the law cannot pur-
sue and chase offenders to their deserved fall, ex-
cept you first put them up and discover them,
whereby they may be brought to answer; for
your verdict is not concluding to condemn, but it
U necessary to charge, and without it the court
cannot proceed to condemn.
Considering, therefore, that ye are the eye of
justice, ye ought to be single, without partial af-
fection; watchful, not asleep, or false asleep in
winking at offenders, and sharp-lighted to pro-
ceed with understanding and discretion : for, in a
Vol. II.— 37
word, if you shall not present unto the court all
such offences, as shall appear unto you either by
evidence given in, or otherwise, mark what I say,
of your own knowledge, which have been com-
mitted within the verge, which is as it were the
limits of your survey, but shall smother and con-
ceal any offence willingly, then the guiltiness of
others will cleave to your consciences before God ;
and, besides, you are answerable in some degree
to the king and his law for such your default and
suppression ; and therefore take good regard unto
it, you are to serve the king and his people, you
are to keep and observe your oath, you are to ac-
quit yourselves.
But there is yet more cause why you should
take more special regard to your presentments,
than any other grand juries within the counties
of this kingdom at large : for as it is a nearer de-
gree and approach unto the king, which is the
fountain of justice and government, to be the
king's servant, than to he the king's subject; so
this commission, ordained for the king's servants
and household, ought in the execution of justice
to be exemplary unto other places. David said,
who was a king, "The wicked man shall not
abide in my house;" as taking knowledge that it
wa9 impossible for kings to extend their care, to
banish wickedness over all their land or empire;
but yet at least they ought to undertake to God
for their house.
We see further, that the law doth so esteem
the dignity of the king's settled mansion-house,
SB 989
*M JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.
as it hath laid unto it a plot of twelve miles round,
which we call the verge, to be subject to a special
and exempted jurisdiction depending upon his per-
son and great officers. This is as a half-pace or car-
pet spread about the king's chair of estate, which,
therefore, ought to be cleared and voided more
than other places of the kingdom : for if offences
should be shrouded under the king's wings, what
hope is there of discipline and good justice in
more remote parts 1 We see the sun, when it is
at the brightest, there may be perhaps a bank of
clouds in the north, or the west, or remote re-
gions, but near his body few or none; for where
the king cometh there should come peace and
order, and an awe and reverence in men's
hearts.
And this jurisdiction was in ancient time exe-
cuted, and since by statute ratified, by the lord
steward, with great ceremony, in the nature of a
peculiar king's bench for the verge ; for it was
thought a kind of eclipsing to the king's honour,
that where the king was, any justice should be
sought but immediately from his own officers.
But in respect that office was oft void, this com-
mission hath succeeded, which change I do not
dislike; for though it hath less state, yet it hath
more strength legally : therefore, I say, you, that
are a jury of the verge, should lead and give a
pattern unto others in the care and conscience of
you* presentments.
Concerning the particular points and articles
whereof you shall inquire, I will help your me-
mory and mine own with order : neither will I
load you, or trouble myself with every branch of
several offences, but stand upon those that are
principal and most in use : the offences, there-
fore, that you are to present are of four natures.
L The first, such as concern God and his
church.
II. The second, such as concern the king and
his state.
II [. The third, such as concern the king's
people, and are capital.
IV. The fourth, such as concern the king's
people, not capital.
The service of Almighty God, upon whose
blessing the peace, safety, and good estate of
king and kingdom doth depend, may be violated,
and God dishonoured in three manners, by profa-
nation, by contempt, and by division, or breach
of unity.
First, if any man hath depraved or abused in
word or deed the blessed sacrament, or disturbed
the preacher or congregation in the time of divine
service ; or if any have maliciously stricken with
weapon, or drawn weapon in any church or
churchyard ; or if any fair or market have been
kept in any churchyard, these are profanations
within the purview of several statutes, and those
you, are to present: for holy things, actions,
times, and sacred places, are to be preserved is
reverence and divine respect.
For contempts of our church and service, they
are comprehended in that known name, which too
many, if it pleased God, bear, recusancy; which
offence hath many branches and dependencies;
the wife-recusant, she tempts ; the church Papist,
he feeds and relieves ; the corrupt schoolmaster,
he soweth tares ; the dissembler, he confonneth
and doth not communicate. Therefore, if any
person, man or woman, wife or sole, above the
age of sixteen years, not having some lawful ex-
cuse, have not repaired to church according to the
several statutes; the one, for the weekly, the
other, for the monthly repair, you are to present
both the offence and the time how long. Again,
such as maintain, relieve, keep in service of livery
recusants, though themselves be none, you are
likewise to present; for these be like the roots of
nettles, which sting not themselves, but bear and
maintain the stinging leaves: so if any that
keepeth a schoolmaster that comes not to church,
or is not allowed by the bishop, for that infec-
tion may spread far; so such recusant as have
been convicted and conformed, and have not
received the sacrament- once a year, for that
is the touchstone of their true conversion : and
of these offences of recusancy take you special
regard. Twelve miles from court is no region for
such subjects. In the name of God, why should
not twelve miles about the king's chair be as free
from Papist-recusants, as twelve from the city of
Rome, the pope's chair, is from Protestants 1
There be hypocrites and atheists, and so I fear
there be amongst us ; but no open contempt of
their religion is endured. If there must be re-
cusants, it were better they lurked in the country,
than here in the bosom of the kingdom.
For matter of division and breach of unity, it is
not without a mystery that Christ's cost had no
seam, nor no more should the church, if it wen
possible. Therefore, if any minister refuse to use
the book of common-prayer, or wilfully swerveth
in divine service from that book ; or if any person
whatsoever do scandalize that book, and speak
openly and maliciously in derogation of it ; such
men do but make a rent in the garment, and such
are by you to be inquired of. But much more,
such as are not only differing, but in a sort oppo-
site unto it, by using a superstitious and corrupted
form of divine service ; I mean, such as say or
hear mass.
These offences which I have recited to you, are
against the service and worship of God : there re-
main two which likewise pertain to the dishonour
of God ; the one, is the abuse of his name by per-
jury; the other, is the adhering to God's de-
clared enemies, evil and outcast spirits, by con-
juration and witchcraft.
For perjury, it is hard to say whether it be
more odious to God, or pernicious to man; for as
JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.
SOI
oath, saith the apostle, is the end of controversies :
if, therefore, that boundary of suits be taken away
or mis-set, where shall be the end 1 Therefore
yon are to inquire of wilful and corrupt perjury in
any of the king's courts, yea, of court-barons and
the like, and that as well of the actors, as of the
procurer and suborner.
For witchcraft, by the former law it was not
death, except it were actual and gross invocation
of evil spirits, or making covenant with them,
or taking away life by witchcraft : but now, by an
act in his majesty's times, charms and sorceries in
certain cases of procuring of unlawful love or
bodily hurt, and some others, are made felony the
second offence ; the first being imprisonment and
pillory.
And here I do conclude my first part concern-
ing religion and ecclesiastical causes : wherein it
may be thought that I do forget matters of supre-
macy, or of Jesuits, and seminaries, and the like,
which are usually sorted with causes of religion :
bat I must have leave to direct myself according
to mine own persuasion, which is, that, whatso-
ever hath been said or written on the other side,
all the late statutes, which inflict capital punish-
ment upon extollers of the pope's supremacy,
deniera of the king's supremacy, Jesuits and
seminaries, and other offenders of that nature,
have for their principal scope, not the punish-
ment of the error of conscience, but the re-
pressing of the peril of the estate. This is the
true spirit of these laws, and therefore I will place
them under my second division, which is of of-
fences that concern the king and his estate, to
which now I come.
These offences, therefore, respect either the
safety of the king's person, or the safety of his
estate and kingdom, which, though they cannot be
dissevered indeed, yet they maybe distinguished
in speech. First, then, if any have conspired
against the life of the king, which God have in
his custody ! or of the queen's majesty, or of the
meet noble prince their eldest son ; the very com-
passing and inward imagination thereof is high
treason, if it can be proved by any fact that is
overt : for in the case of so sudden, dark, and per-
nicious, and peremptory attempts, it were too late
for the law to take a blow before it gives ; and
this high treason of all other is most heinous, of
which you shall inquire, though I hope there be
no cause.
There is another capital offence that hath an
affinity with this, whereof you here within the
verge are most properly to inquire; the king's
privy council are as the principal watch over the
safety of the king, so as their safety is a portion of
bis: if, therefore, any of the king's servants with-
in his cheque-roll, for to them only the law ex-
tends, have conspired the death of any the king's
privy council, this is felony, and thereof yon
shall inquire.
And since we are now in that branch of the
king's person, I will speak also of the king's per-
son by representation, and the treasons which
touch the same.
The king's person and authority is represented
in three things ; in his seals, in his money, and
in his principal magistrates: if, therefore, any
have counterfeited the king's great seal, privy
seal, or seal manual ; or counterfeited, clipped, or
scaled his moneys, or other money current, this is
high treason ; so is it to kill certain great officers
or judges executing their office.
We will now pass to those treasons which con-
cern the safety of the king's estate, which are of
three kinds, answering to three perils which may
happen to an estate; these perils are foreign
invasion, open rebellion and sedition, and privy
practice to alienate and estrange the hearts of the
subjects, and to prepare them either to adhere to
enemies, or to burst out into tumults and commo-
tions of themselves.
Therefore, if any person have solicited or pro-
cured any invasion from foreigners ; or if any have
combined to raise and stir the people to rebellion
within the realm ; these are high treasons, tend-
ing to the overthrow of the estate of this common-
wealth, and to be inquired of.
The third part of practice hath divers branches,
but one principal root in these our times, which
is the vast and overspreading ambition and usurp-
ation of the see of Rome ; for the Pope of Rome
is, according to his late challenges and pretences,
become a competitor and corrival with the king,
for the hearts and obediences of the king's sub-
jects : he stands for it, he sends over his love-
tokens and brokers, under colour of conscience, to
steal and win away the hearts and allegiances of
the people, and to make them as fuel, ready to
take fire upon any his commandments.
This is that yoke which this kingdom hath
happily cast off, even at such time when the po-
pish religion was nevertheless continued, and that
divers states, which are the pope's vassals, do
likewise begin to shake off.
If, therefore, any person have maintained and
extolled the usurped authority of the Bishop of
Rome within the king's dominions, by writing,
preaching, or deed, advisedly, directly, and mali-
ciously ; or if any person have published or put
in use any of the pope's bulls or instruments of
absolution; or if any person have withdrawn,
and reconciled, any of the king's subjects from
their obedience, or been withdrawn and recon-
ciled ; or if any subject have refused the second
time to take the oath of supremacy lawfully ten-
dered ; or if any Jesuit or seminary come and
abide within this realm: these are by several
statutes made oases of high treason; the law
JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.
counting these things as preparatives, and the first
wheels and secret motions of seditions and revolts
from the king's obedience. Of these you are to
inquire, both of the actors and of their abettors,
comforters, receivers, maintainere; and conceal,
era, which in some cases are traitors, as well as the
principal, in some cases in " praemunire," in some
other, in misprision of treason, which I will not
stand to distinguish, and in some other, felony ;
as, namely, that of the receiving and relieving of
Jesuits and priests; the bringing in and dispers-
ing of •« Agnus Dei's," crosses, pictures, or
such trash, is likewise "praemunire:" and so is
the denial to take the oath of supremacy the first
time.
And because, in the disposition of a state to
troubles and perturbations, military men are most
tickle and dangerous; therefore, if any of the
king's subjects go over to serve in foreign parts,
and do not first endure the touch, that is, to take
the oath of allegiance ; or if he have borne office
in any army, and do not enter into bond with
sureties as is prescribed, this is made felony ; and
such as you shall inquire.
Lastly, because the vulgar people are sometimes
led with vain and fond prophecies ; if any such
shall be published, to the end to move stirs or tu-
mults, this is not felony, but punished by a year's
imprisonment and loss of goods ; and of this also
shall you inquire.
You shall likewise understand that the escape
of any prisoner committed for treason, is treason;
whereof you are likewise to inquire.
Now come I to the third part of my division ;
that is, those offences which concern the king's
people, and are capital ; which, nevertheless, the
law terms offences against the crown, in respect
of the protection that the king hath of his people,
and the interest he hath in them and their wel-
fare ; for touch them, touch the king. These of-
fences are of three natures : the first concerneth
the conservation of their lives; the second, of
honour and honesty of their persons and families ;
and the third, of their substance.
First, for life. I must say unto you in general,
that life is grown too cheap in these times; it is
set at the price of words, and every petty scorn
and disgrace can have no other reparation ; nay, so
many men's lives are taken away with impunity,
that the very life of the law is almost taken away,
which is the execution; and, therefore, though we
cannot restore the life of those men that are slain,
yet I pray let us restore the law to her life, by
proceeding with due severity against the of-
fenders ; and most especially this plot of ground,
which, as I said, is the king's carpet, ought not to
be stained with blood, crying in the ears of God
and the king. It is true, nevertheless, that the
law doth make divers just differences of life
taken away; but yet no such differences as the
wanton humours and braveries of men have, under
a reverend name of honour and reputation, in-
vented.
The highest degree is where such a one is killed
unto whom the offender did bear faith and obedi-
ence ; as the servant to the master, the wife to
the husband, the clerk to the prelate : and I shall
ever add, for so I conceive of the law, the child
to the father or the mother; and this the law
terms petty treason.
The second is, Where a man is slain upon
forethought malice, which the law terms murder;
and it is an offence horrible and odious, and can-
not be blanched, nor made fair, but foul.
The third is, Where a man is killed upon a
sudden heat or- affray, where unto the law gives
some little favour, because a man in fury is not
himself, "ira furor brevis ;" wrath is a short mad-
ness ; and the wisdom of law in his majesty's
time hath made a subdivision of the stab given,
where the party stabbed is out of defence, and
had not given the first blow, from other man-
slaughters.
The fourth degree is, That of killing a man in
the party's own defence, or by misadventure,
which, though they be not felonies, yet, neverthe-
less, the law doth not suffer them to go unpu-
nished : because it doth discern some sparks of a
bloody mind in the one, and of carelessness in the
other.
And the fifth is, Where the law doth admit a
kind of justification, not by plea, for a man may
not, that hath shed blood, affront the law with
pleading not guilty ; but when the case is found
by verdict, being disclosed upon the evidence ; as
where a man in the king's highway and peace is
assailed to be murdered or robbed ; or when a
man defending his house, which is his castle,
against unlawful violence; or when a sheriff, or
minister of justice, is resisted in the execution of
his office ; or when the patient dieth in the chi-
rurgeon's hands, upon cutting or otherwise : for
these cases the law doth privilege, because of the
necessity, and because of the innocency of the
intention.
Thus much for the death of man, of which cases
you are to inquire : together withethe accessories
before and after the fact.
For the second kind, which concerns the ho-
nour and chaste ness of persons and families ; yon
are to inquire of the ravishment of women, of the
taking of women out of the possession of their
parents or guardians against their will, or marry-
ing them, or abusing them; of double marriages,
where there was not first seven years* absence,
and no notr&e that the party so absent was alive,
and other felonies against the honesty of life.
For the third kind, which concerneth men's
substance, you shall inquire of burglaries, robbe-
ries, cutting of purses, and taking of any thing*
from the person : and generally other stealths, as
JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.
29ft
well such as are plain, as those that are dis-
guised, whereof I will by-and-by speak; but,
first, I must require you to use diligence in pre-
senting especially those purloinings and embez-
slements, which are of plate, vessels, or whatso-
ever within the king's house. The king's house
is an open place ; it ought to be kept safe by law,
and not by lock, and therefore needeth the more
severity.
Now, for coloured and disguised robberies ; I
will name two or three of them: the purveyor
that takes without warrant, is no better than a
thief, and it is felony. The servant that hath the
keeping of his majesty's goods, and going away
with them, though he came to the possession of
them lawfully, it is felony. Of these you shall
likewise inquire, principals and accessories. The
voluntary escape of a felon is also felony.
For the last part, which is of offences concern-
ing the people not capital, they are many : but I
will select only such as I think fittest to be re-
membered unto you, still dividing, to give you
the better light. They are of four natures.
1. The first, is matter of force and outrage.
2. The second, matter of fraud and deceit.
3. Public nuisances and grievances.
4. The fourth, breach and inobservance of
certain wholesome and politic laws for govern-
ment.
For the first, you shall inquire of riots and unlaw-
ful assemblies; of forcible entries, and detainers
with force; and properly of all assaults of strik-
ing, drawing weapon or other violence within the
king's house, and the precincts thereof: for the
king's house, from whence example of peace
should flow unto the farthest parts of the king-
dom, as the ointment of Aaron's head to the skirts
of his garment, ought to be sacred and inviolate
from force and brawls, as well in respect of reve-
rence to the place, as in respect of danger of
greater tumult, and of ill example to the whole
kingdom ; and, therefore, in that place, all should
be full of peace, order, regard, forbearance, and
silence.
Besides open force, there is a kind of force that
eometh with an armed hand, but disguised, that
is no less hateful and hurtful ; and that is abuse
and oppression by authority. And, therefore, you
shall inquire of all extortions, in officers and mi-
nisters ; as sheriffs, bailiffs of hundreds, escheat-
ors coroners, constables, ordinaries, and others,
who, by colour of office, do poll the people.
For frauds and deceits, I do chiefly commend
to your care the frauds and deceits in that which
is the chief means of all just contract and permu-
tation, which is, weights and measures ; wherein,
although God hath pronounced that a false weight
it an abomination, yet, the abuse is so common,
and so general, I mean of weights, and I speak
upon knowledge and late examination, that if one
were to build a church, he should need but false
weights, and not seek them far, of the piles of
brass to make the bells, and the weights of lead
to make the battlements : and, herein you are to
make special inquiry, whether the clerk of the
market within the verge, to whom properly it
appertains, hath done his duty.
For nuisances and grievances, I will for the
present only single out one, that ye present the
decays of highways and bridges ; for where the
majesty of a king's house draws recourse and
access, it is both disgraceful to the king, and dis-
easeful to the people, if the ways nearabouts be
not fair and good ; wherein it is strange to see the
chargeable pavements and causeways, in the
avenues and entrances of towns abroad, beyond
the seas ; whereas London, the second city at the
least of Europe, in glory, in greatness, and in
wealth, cannot be discerned by the fairness of the
ways, though a little, perhaps, by the broadness
of them, from a village.
For the last part, because I pass these things
over briefly, I will make mention unto you of
three laws.
1. The one, concerning the king's pleasure.
2. The second, concerning the people's food.
3. And the third, concerning wares and ma-
nufactures.
You shall therefore inquire of the lawful taking
partridges and pheasants or fowl, the destruction
of the eggs of the wild fowl, the killing of hares
or deer, and the selling of venison or hares: for
that which is for exercise, and sport, and courtesy,
should not be turned to gluttony and sale victual.
You shall also inquire whether bakers, and
brewers keep their assize, and whether as well
they, as butchers, innholders, and victuallers, do
sell that which is wholesome, and at reasonable
prices, and whether they do link and combine to
raise prices.
Lastly, you shall inquire whether the good
statute be observed, whereby a man may have
that ho thinketh he hath, and not be abused or
mis-served in that he buys : I mean that statute
that requireth that none use any manual occupa-
tion, but such as have been seven years apprentice
to it; which law being generally transgressed,
makes the people buy, in effect, chaff for corn ;
for that which is mis-wrought, will mis-wear.
There be many more things inquirable by you,
throughout all the former parts, which it were
overlong in particular to recite. You may be
supplied cither our of your own experience, or
out of such bills and informations as shall be
brought unto you, or upon any question that you
shall demand of the court, which will be ready to
give you any farther direction, as far as is fit: but
these which 1 have gone through, are the principal
points of your charge; which to present, you
have taken the name of God to witness: and in
the name of God perform it.
2b2
AN EXPLANATION
WHAT MANNER OF PER8ON8 TH08E 8HOULD BE, TIUT ARE TO EXECUTE
THE POWER OR ORDINANCE
or
THE KING'S PREROGATIVE.
1. That absolute prerogative, according to die
king's pleasure, revealed by his laws, may be
exercised and executed by any subject, to whom
power may be given by the king, in any place of
judgment or commission, which the king, by his
law, hath ordained : in which the judge subordi-
nate cannot wrong the people, the law laying
down a measure by which every judge should
govern and execute ; against which law, if any
judge proceed, he is, by the law, questionable,
and punishable for his transgression.
In this nature are all the judges and commis-
sioners of the land, no otherwise than in their
courts, in which the king, in person, is supposed
toisit, who cannot make that trespass, felony, or
treason, which the law hath not made so to be ;
neither can punish the guilty by other punish-
ment than the laws have appointed.
This prerogative or power, as it is over all the
subjects, so, being known by the subjects, they
are without excuse if they offend, and suffer no
wrong, if they be justly punished ; and, by this
prerogative, the king governeth all sorts of people
according unto known will.
8. The absolute prerogative, which is in kings
according to their private will and judgment,
cannot be executed by any subject; neither is it
possible to give such power by commission ; or
fit to subject the people to the same ; for the king,
in that he is the substitute of God immediately,
the father of his people, and head of the common-
wealth, hath, by participation with God, and
with his subjects, a discretion, judgment, and
feeling love towards those over whom he reign-
eth, only proper to himself, or to his place and
person; who, seeing he cannot in any others
infuse his wisdom, power, or gifts, which God,
in respect of his place and charge, hath enabled
him withal, can neither subordinate any other
judge to govern by that knowledge, which the
king can no otherwise, than by his known will,
participate unto him : and if any such subordinate
judge shall obtain commission, according to the
discretion of such judge, to govern the people,
that judge is bound to think that to be his sound-
est discretion, which the law, in which is tot
king's known will, showeth unto him to be that
justice, which he ought to administer; otherwise
he might seem to esteem himself above the king's
law, who will not govern by it, or to have a
power derived from other than from the king,
which, in the kingdom will administer justice
contrary unto the justice of the land : neither can
such a judge or commissioner, under the name of
the king* 8 authority, shroud his own high action,
seeing the conscience and discretion of every man
is particular and private to himself, so as the dis-
cretion of the judge cannot be properly, or possi-
bly, the discretion, or the conscience of the king;
and, if not his discretion, neither the judgment
that is ruled by another man's only.
Therefore it may seem they rather desire to be
kings, than to rule the people under the king,
which will not administer justice by law, but by
their own will.
3. This administration in a subject is deroga-
tive to the king' 8 prerogative : for he administer-
eth justice out of a private direction, being not
capable of a general direction how to use the
king's subjects at pleasure, in causes of particular
respect; which, if no other than the king himself
can do, how can it be so that any man should de-
sire that which is unfit and impossible, but that it
must proceed out of some exorbitant affection!
the rather, seeing such places be full of trouble,
and altogether unnecessary, no man will seek to
thrust himself into them but for hopes of gain.
Then is not any prerogative oppugned, but main-
tained, though it be desired, that every subordi-
nate magistrate may not be made supreme,
whereby he may seize upon the hearts of the
people, take from the king the respect due unto him
only, or judge the people otherwise than the king
doth himself.
4. And although the prince be not bound to
render any account to the law, which in person
he administered! himself, yet every subordinate
judge roust render an account to the king, by his
laws, how he hath administered justice in his
I place where he is set. Bat if he hath power to
394
CHARGE AGAINST DUELS.
805
ale by private direction, for which there is no
iw, how can he be questioned by a law, if in his
irivate censure he offends ?
6. Therefore, it seemeth that, in giving such
othority, the king ordaineth not subordinate ma-
istrates, but absolute kings : and what doth the
ing leave to himself, who giveth so much to
thers, as he hath himself 1 Neither is there a
raster bond to tie the subject to his prince in
articular, than when he shall have recourse unto
im, in his person, or in his power, for relief of
*e wrongs which from private men be offered ;
r for reformation of the oppressions which any
abordinate magistrate shall impose upon the
eople. There can be no offence in the judge,
rho hath power to execute according to his dis-
retion, when the discretion of any judge shall be
tonght fit to be limited, and therefore there can
e therein no reformation ; whereby the king in
lis nseth no prerogative to gain his subjects'
ight : then the subject is bound to suffer helpless
rrong ; and the discontent of the people is cast
upon the king; die laws being neglected, which,
with their equity, in all other causes and judg-
ments, saving this, interpose themselves and yield
remedy.
6. And, to conclude, custom cannot confirm that
which is any ways unreasonable of itself.
Wisdom will not allow that which is many
ways dangerous, and no ways profitable.
Justice will not approve that government, where
it cannot be but wrong must be committed.
Neither can there be any rule by which to try
it, nor means of reformation of it.
7. Therefore, whosoever desireth government
must seek such as he is capable of, not such as
seemeth to himself most easy to execute ; for it is
apparent, that it is easy to him that knoweth not
law nor justice, to rule as he listeth, his will
never wanting a power to itself: but it is safe and
blameless, both for the judge and people, and
honour to the king, that judges be appointed who
know the law, and that they be limited to govern
according to the law.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
HI8 MAJE8TY»S ATTORNEY-GENERAL,
TOUCHING DUELS:
[JPON AN INFORMATION IN THE 8TAR CHAMBER AGAIN8T PRIEST AND WRIGHT;
Willi THE DECREE OF THE 8TAR CHAMBER IN THE SAME CAUSE.
It Lords,
I thought it fit for my place, and for these
imes, to bring to hearing before your lordships
one cause touching private duels, to see if this
ourt can do any good to tame and reclaim that
vil, which seems unbridled. And 1 could have
wished that I had met with some greater persons,
s a subject for your censure, both because it had
sen more worthy of this presence, and also the
etter to have showed the resolution myself hath
i proceed without respect of persons in this bu-
iness ; but finding this cause on foot in my pre-
eoessor's time, and published and ready for
swing, I thought to lose no time in a mischief
sit groweth every day : and, besides, it passes
ot amiss sometimes in government, that the
Tester sort be admonished by an example made
in the meaner, and the dog to be beaten before the
lion. Nay, I should think, my lords, that men of
birth and quality will leave the practice when it
begins to be vilified, and come so low as to bar-
ber-surgeons and butchers, and such base mecha-
nical persons.
And, for the greatness of this presence, in
which I take much comfort, both as I consider it
in itself, and much more in respect it is by his
majesty's direction, I will supply the meanness
of the particular cause, by handling of the general
point: to the end that, by the occasion of this
present cause, both my purpose of prosecution
against duels, and the opinion of the court,
without which I am nothing, for the censure of
them, may appear, and thereby offenders in that
kind may read their own case, and know whs*
296
CHARGE AGAINST DUELS.
they are to expect ; which may serve for a warning
until example may be made in some greater
person: which, I doubt, the times will but too
soon afford.
Therefore, before I come to the particular,
whereof your lordships are now to judge, I think
it time best spent to speak somewhat :
First, Of the nature and greatness of this
mischief.
Secondly, Of the causes and remedies.
Thirdly, Of the justice of the law of England,
which some stick not to think defective in this
matter.
Fourthly, Of the capacity of this court, where
certainly the remedy of this mischief is best to
be found.
And, fifthly, Touching mine own purpose and
resolution, wherein 1 shall humbly crave your
lordships' aid and assistance.
For the mischief itself, it may please your
lordships to take into your consideration that
when revenge is once extorted out of the magis-
trates' hands, contrary to God's ordinance, " Mihi
vindicta, ego retribuam," and every man shall
bear the sword, not to defend, but to assail ; and
private men begin once to presume to give law to
themselves, and to right their own wrongs, no
man can foresee the danger and inconveniences
that may arise and multiply thereupon. It may
cause sudden storms in court, to the disturbance
of his majesty, and unsafety of his person: it
may grow from quarrels to bandying, and from
bandying to trooping, and so to tumult and com-
motion; from particular persons to dissension of
families and alliances; yea, to national quarrels,
according to the infinite variety of accidents,
which fall not under foresight : so that the state
by this means shall be like to a distempered and
imperfect body, continually subject to inflamma-
Vons and convulsions.
Besides, certainly, both in divinity and in
policy, offences of presumption are the greatest.
Other offences yield and consent to the law that
it is good, not daring to make defence, or to
justify themselves; but this offence expressly
gives the law an affront, as if there were two
laws, one a kind of gown-law, and the other a
law of reputation, as they term it ; so that Paul's
and Westminster, the pulpit and the courts of
justice, must give place to the law, as the king
speaketh in his proclamation, of ordinary tables,
and such reverend assemblies: the year-books,
and statute-books, must give place to some French
and Italian pamphlets, which handle the doctrine
of duels, which, if they be in the right, "tran-
seamus ad ilia," let us receive them, and not keep
the people in conflict and distraction between
two laws.
Again, my lords, it is a miserable effect, when
young men, full of toward ness and hope, such as
the poets call " auroras filii," sons of the morning.
in whom the expectation and comfort of their
friends consisteth, shall be cast away and de-
stroyed in such a vain manner; but much more
it is to be deplored, when so much noble and
genteel blood should be spilt upon such follies,
as, if it were adventured in the field in service of
the king and realm, were able to make the fortune
of a day, and to change the fortune of a kingdom.
So as your lordships see what a desperate evil
this is ; it troubleth peace, it disfurnisheth war,
it bringeth calamity upon private men, peril upon
the state, and contempt upon the law.
Touching the causes of it ; the first motive, bo
doubt, is a false and erroneous imagination of
honour and credit: and, therefore, the king, in his
last proclamation, doth most aptly and excellently
call them bewitching duels. For, if one judge
of it truly, it is no better than a sorcery that ea-
ch an teth the spirits of young men, that bear great
minds with a false show, " species falsa ;" and a
kind of satanical illusion and apparition of honour
against religion, against law, against moral
virtue, and against the precedents and examples
of the best times and valiantest nations; as I
shall tell you by-and-by, when 1 shall show you
the law of England is not alone in this point.
But then the seed of this mischief being such,
it is nourished by vain discourses, and green and
unripe conceits, which, nevertheless, have so pre-
vailed, as, though a man were staid and sober-
minded, and a right believer, touching the vanity
and unlawfulness of these duels ; yet the stream
of vulgar opinion is such, as it imposeth a neces-
sity upon men of value to conform themselves, or
else there is no living or looking upon men's
faces : so that we have not to do, in this case, so
much with particular persons, as with unsound
and depraved opinions, like the dominations and
spirits of the air, which the Scripture speaketh of.
Hereunto may be added, that men have almost
lost the true notion and understanding of fortitude
and valour. For fortitude distinguished of the
grounds of quarrels, whether they be just; and
not only so, but whether they be worthy; and
setteth a better price upon men's lives, than to
bestow them idly : nay, it is weakness and dia-
esteem of a man's self, to put a man's life upon
such liedger performances : a man's life is not to
be trifled away ; it is to be offered up and sacri-
! need to honourable services, public merits, good
causes, and noble adventures. It is in expense
of blood, as it is in expense of money ; it is no
liberality to make a profusion of money upon
every vain occasion, nor no more is it fortitude to
make effusion of blood, except the cause be of
worth. And thus much for the causes of this
evil.
For the remedies, I hope some great and noble
person will put hi9 hand to this plough, and 1 wish
that my labours of this day may be but forerunners
to the work of a higher and better hand. But
CHARGE AGAINST DUELS.
207
yst to deliver my opinion as may be proper for
this time and place, there be four things that
I have thought on, as the most effectual for the
repressing of this depraved custom of particular
combats.
The first is, that there do appear and be declared
a constant and settled resolution in the state to
abolish it. For this is a thing, my lords, must go
down at cnce, or not at all ; for then every parti-
cular man will think himself acquitted in his repu-
tation, when he sees that the state takes it to heart,
as an insult against the king's power and authority,
and thereupon hath absolutely resolved to master
it; like unto that which was set down in express
words in the edict of Charles IX. of France,
touching duels, that the king himself took upon
him the honour of all that took themselves grieved
or interested for not having performed the combat.
So must the state do in this business : and in my
conscience there is none that is but of a reasonable,
sober disposition, be he never so valiant, except
it be some furious person, that is like a firework,
but will be glad of it, when he shall see the law
and rule of state disinterest him of a vain and
unnecessary hazard.
Secondly, care must be taken that this evil be
no more cockered, nor the humour of it fed ;
wherein 1 humbly pray your lordships that I may
speak my mind freely, and yet be understood
aright. The proceedings of the great and noble
commissioners martial I honour and reverence
much, and of them I speak not in any sort; but I
say the compounding of quarrels, which is other-
wise in use by private noblemen and gentlemen,
it is so punctual, and hath such reference and
respect unto the received conceits, what's before-
hand, and what's behindhand, and I cannot tell
what, as without all question it doth, in a fashion,
countenance and authorize this practice of duels,
as if it had in it somewhat of right.
Thirdly, 1 must acknowledge that I learned out
of the king's last proclamation, the most prudent
and best applied remedy for this offence, if it
shall please his majesty to use it, that the wit of
man can devise. This offence, my lords, is
grounded upon a false conceit of honour, and,
therefore, it would be punished in the same kind,
" in eo quis rectissime plectitur, in quo peccat."
The fountain of honour is the king and his aspect,
and the access to his person continueth honour
in life, and to be banished from his presence is
one of the greatest eclipses of honour that can be;
if his majesty shall be pleased that when this
court shall censure any of these offences in persons
of eminent quality, to add this out of his own
power and discipline, that these persons shall be
banished and excluded from his court for certain
years, and the courts of his queen and prince, I
think there is no man that hath any good blood in
him will commit an act that shall cast him into
Vou II.— 38
that darkness, that he may not behold his sove-
reign's face.
Lastly , and that which more properly concerneth
this court : we see, my lords, the root of this
offence is stubborn, for it despiseth death, which
is the utmost of punishments ; and it were a just
but a miserable severity, to execute the law with-
out all remission or mercy, where the case proveth
capital. And yet the late severity in France was
more, where, by a kind of martial law, established
by ordinance of the king and parliament, the party
that had slain another was presently had to the
gibbet, insomuch as gentlemen of great quality
were hanged, their wounds bleeding, lest a natu-
ral death should prevent the example of justice.
But, my lords, the course which we shall take is
of far greater lenity, and yet of no less efficacy ;
which is to punish, in this court, all the middle
acts and proceedings which tend to the duel,
which I will enumerate to you anon, and so to
hew and vex the root in the branches, which, no
doubt, in the end will kill the root,, and yet
prevent the extremity of law.
Now, for the law of England, I see it excepted
to, though ignorantly, in two points ;
The one, that it should make no difference be-
tween an insidious and foul murder, and the
killing of a man upon fair terms, as they now
call it.
The other, That the law hath not provided
sufficient punishment, and reparations, for con-
tumely of words, as the lie, and the like.
But these are no better than childish novelties
against the divine law, and against all laws in
effect, and against the examples of all the bravest
and most virtuous nations of the world.
For, first, for the law of God, there is never to
be found any difference made in homicide, but be-
tween homicide voluntary, and involuntary, which
we term misadventure. And for the case of
misadventure itself, there were cities of refuge ;
so that the offender was put to his flight, and that
flight was subject to accident, whether the re-
venger of blood should overtake him before he had
gotten sanctuary or no. It is true that our law
hath made a more subtle distinction between the
will inflamed and the will advised; between man-
slaughter in heat, and murder upon prepensed
malice, or cold blood, as the soldiers call it ; an
indulgence not unfit for a choleric and warlike
nation : for it is true, " ira furor brevis ;" a roan
in fury is not himself. This privilege of passion
the ancient Roman law restrained, but to a case :
that was, if the husband took the adulterer in the
manner ; to that rage and provocation only it gave
way, that a homicide was justifiable. But for a
difference to be made in case of killing and
destroying man, upon a forethought purpose, be-
tween foul and fair, and as it were between single
j murder and vied murder, it is but a monstrous
CHARGE AGAINST DUEL&
child of this latter age, and there is no shadow of
it in any law divine or human. Only it is true, I
find in the Scripture that Cain enticed his brother
into the field and slew him treacherously; but
Lamech vaunted of his manhood that he would
kill a young man, and if it were to his hurt; so
as I see no difference between an insidious murder
and a braying or presumptuous murder, but the
difference between Cain and Lamech.
As for examples in civil states, all memory
doth consent, that Graecia and Rome were the
most valiant and generous nations of the world ;
and, that which is more to be noted, they were
free estates, and not under a monarchy ; whereby
a man would think it a great deal the more reason
that particular persons should have righted them-
selves; and yet they had not this practice of
duels, nor any thing that bare show thereof: and
sure they would have had it, if there had been
any virtue in it Nay, as he saith, " Fas est et
ab hoste doceri." It is memorable, that is report-
ed by a counsellor ambassador of the emperor's,
touching the censure of the Turks of these duels :
there was a combat of this kind performed by
two persons of quality of the Turks, wherein one
of them was slain, the other party was convented
before the council of bashaws ; the manner of the
reprehension was in these words : " How durst
you undertake to fight one with the other 1 Are
there not Christians enough to kill? Did you
not know that whether of you shall be slain, the
loss would be the Great Seignior's V So as we
may see that the most warlike nations, whether
generous or barbarous, have ever despised this
wherein now men glory.
It is true, my lords, that I find combats of two
natures authorized, how justly I will not dispute
as to the latter of them.
The one, when, upon the approaches of armies
in the face one of the other, particular persons
have made challenges for trial of valours in the
field upon the public quarrel.
This the Romans called " Pugna per provoca-
ionem." And this was never, but either be-
tween the generals themselves, who are absolute,
or between particulars by license of the generals ;
never upon private authority. So you see David
asked leave when he fought with Goliah; and
Joab, when the armies were met, gave leave, and
said, •* Let the young men play before us." And
of this kind was that famous example in the wars
of Naples, between twelve Spaniards and twelve
Italians, where the Italians bare away the victo-
ry; besides other infinite like examples worthy
and laudable, sometimes by singles, sometimes
by numbers.
The second combat is a judicial trial of right,
where the right is obscure, introduced by the
Goths and the northern nations, but more ancient-
ly entertained in Spain; and this yet remains
in some cases as a divine lot of battle, though
controverted by divines, touching the lawfulness
of it : so that a wise writer saith, M Taliter pug-
nantes videntur tentare Deum, quia hoc volunt at
Deus ostendat et faciat miraculum, ut justam caa-
sam habens victor efficiatur, quod saepe contra ae-
cidit." But howsoever it be, this kind of fight
taketh its warrant from law. Nay, the French
themselves, whence this folly seemeth chiefly to
have flown, never had it but only in practice and
toleration, and never as authorized by law ; and
yet now of late they have been fain to purge their
folly with extreme rigour, insomuch as many
gentlemen left between death and life in the
duels, as I spake before, were hastened to hang-
ing with their wounds bleeding. For the stall
found it had been neglected so long, as nothing
could be thought cruelty which tended to the pat*
ting of it down.
As for the second defect pretended in our law,
that it hath provided no remedy for lies sad
fillips, it may receive like answer. It would bars
been thought a madness amongst the ancient law-
givers, to have set a punishment upon the lit
given, which in effect is but a word of denial, a
negative of another's saying. Any lawgiver, if
he had been asked the question, would have
made Solon's answer: that he had not ordained
any punishment for it, because he never imagined
the world would have been so fantastical as to
take it so highly. The civilians, they dispute
whether an action of injury lie for it, and rather
resolve the contrary. And Francis the First of
France, who first set on and stamped this dis-
grace so deep*, is taxed by the judgment of all
wise writers for beginning the vanity of it; for it
was he, that when he had himself given the lie
and defy to the emperor, to make it current in the
world, said in a solemn assembly, "That he was
no honest man that would bear the lie :" which
was the fountain of this new learning.
As for words of reproach and contumely,
whereof the lie was esteemed none, it is not cre-
dible, but that the orations themselves are extant,
what extreme and exquisite reproaches were
tossed up and down in the senate of Rome and the
places of assembly, and the like in Graecia, an*1
yet no man took himself fouled by them, bat
took them but for breath, and the style of an ene-
my, and either despised them or returned them,
but no blood spilt about them.
So of every touch or light blow of the person,
they are not in themselves considerable, save that
they have got upon them the stamp of a disgrace,
which maketh these light things pass for great
matter. The law of England, and all laws, hold
these degrees of injury to the person, slander,
battery, maim, and death ; and if there be extra-
ordinary circumstances of despite and contumely,
as in case of libels, and bastinadoes, and the like,
this court taketh them in hand, and punisheth
them exemplarily. But for this apprehension of
CHARGE AGAINST DUELS.
399
t, that a fillip to the person should be a
•ond to the reputation, it were good that
hearken unto the saying of Consalvo,
and famous commander, that was wont
gentleman's honour should be " de tela
" of a good strong warp or web, that
b thing should not catch in it; when as
(ems they are but of cobweb lawn, or
, stuff, which certainly is weakness, and
reatness of mind, but like a sick man's
; it so tender that it feels every thing,
nach in maintenance and demonstra-
i wisdom and justice of the law of the
capacity of this court, I take this to be
infallible: that wheresoever an offence
, or matter of felony, though it be not
re the combination or practice tending
ence is punishable in this court as a
demeanor. So practice to empoison,
took no effect; waylaying to murder,
took no effect, and the like ; have been
heinous misdemeanors, punishable in
Nay, inceptions and preparations in
imes, that are not capital, as suborning
iring of witnesses that were never de-
ieposed nothing material, have likewise
ured in this court, as appeareth by the
Garnon'8 case,
hen, the major proposition being such,
cannot be denied; for every appoint-
ee field is but combination and plotting
•; let them gild it how they list, they
sr have fairer terms of me in place of
Then the conclusion followeth, that it
it for the censure of the court. And of
be precedents in the very point of chal-
the case of Wharton, plaintiff, against
id Acklam, defendants, where Acklam
bllower of Ellekar's, was censured for
a challenge from Ellekar to Wharton,
e challenge was not put in writing, but
only by word of message ; and there are
the decree, that such challenges are to
rsion of government.
things are well known, and therefore I
ft so much to have insisted upon them,
II this case I would be thought not to
iny thing of my own head, but to follow
r precedents of the court, though I mean
nore thoroughly, because the time re-
nore.
yre, now to come to that which concern-
rart; I say that, by the favour of the
the court, I will prosecute in this court
«s following.
man shall appoint the field, though the
ot acted or performed.
I If any man shall send any challenge in writing,
! or any message of challenge.
If any man carry or deliver any writing or mes-
sage of challenge.
If any man shall accept or return a challenge.
If any man shall accept to be a second in a
challenge of either side.
If any man shall depart the realm, with inten-
tion and agreement to perform the fight beyond
the seas.
If any man shall revive a quarrel by any scan-
dalous bruits or writings, contrary to a former
proclamation published by his majesty in that be-
half.
Nay, I hear there be some counsel learned of
duels, that tell young men when they are before-
hand, and when they are otherwise, and thereby
incense and incite them to the duel, and make an
art of it ; I hope I shall meet with some of them
too : and I am sure, my lords, that this course of
preventing duels in nipping them in the bud, is
fuller of clemency and providence than the suffer-
ing them to go on, and hanging men with their
wounds bleeding, as they did in France.
To conclude, I have some petitions to make, first
to your lordship, my lord chancellor, that in case
I be advertised of a purpose in any to go beyond
the sea to fight, I may have granted his majesty's
writ of** Ne exeat regnum" to stop him; for this
giant bestrideth the sea, and 1 would take and
snare him by the foot on this side ; for the com-
bination and plotting is on this side, though it
should be acted beyond sea. And your lordship
said notably the last time I made a motion in this
business, that a man may be as well " fur de se,"
as " felo de se," if he steal out of the realm for a
bad purpose ; as for the satisfying of the words of
the writ, no man will doubt but he doth " machi-
nari contra coronam," as the words of the writ be,
that seeketh to murder a subject; for that is ever
" contra coronam et dignitatem." I have also a suit
to your lordships all in general, that for justice's
sake, and for true honour's sake, honour of religion,
law, and the king our master, against this fond
and false disguise or puppetry of honour, I may,
in my prosecution, which, it is like enough, may
sometimes stir coals, which I esteem not for my
particular, but as it may hinder the good service, I
may, I say, be countenanced and assisted from
your lordships. Lastly, I have a petition to the
nobles and gentlemen of England, that they would
learn to esteem themselves at a just price. " Non
hos quesitum munus in usus," their blood is not
to be spilt like water or a vile thing; therefore,
that they would rest persuaded there cannot be a
form of honour, except it be upon a worthy matter.
But for this, "ipsi viderint," I am resolved.
And thus much for the general, now to the present
case.
THE
DECREE OF THE STAR-CHAMBER
▲OAiffrr
DUELS.
IN CAMERA 8TBLLATA CORAM CONCILIO IBIDEM, 10 JANUARII, 11 JAC. REGIS.
PRESENT,
George Lord Archbishop of Canterbury.
Thomas Lord Ellesmere, Lord Chancellor of England.
Henry Earl of'Northampton, Lord Privy 8eal.
Charles Earl of Nottingham, Lord High Admiral of
England.
Thomas E. of Suffolk, Lord Chamberlain.
John Lord Bishop of London.
Edward Lord Zouch.
This day was heard and debated at large the
several matters of informations here exhibited by
Sir Francis Bacon, knight, his majesty's attorney-
general, the one against William Priest, gentle-
man, for writing and sending a letter of challenge,
together with a stick, which should be the length
of the weapon: and the other against Richard
Wright, esquire, for carrying and delivering the
said letter and stick unto the party challenged,
and for other contemptuous and insolent behaviour
used before the justices of the peace in Surry at
their sessions, before whom he was con vented.
Upon the opening of which cause, his highness's
said attorney-general did first give his reason to
the court, why, in a case which he intended
should'be a leading case for the repressing of so
great a mischief in the commonwealth, and con-
cerning an offence which reigneth chiefly amongst
persons of honour and quality, he should begin
with a cause which had passed between so mean
persons as the defendants seemed to be ; which
he said was done, because he found this cause ready
published ; and in so growing an evil, he thought
good to lose no time; whereunto he added, that it
was not amiss sometimes to beat the dog before the
Hon; saying farther, that he thought it would be
some motive for persons of high birth and coun-
tenance to leave it, when they saw it was taken
up by base and mechanical fellows; but con-
cluded, that he resolved to proceed without respect
of persons for the time to come, and for the pre-
sent to supply the meanness of this particular case
by insisting the longer upon the general point.
Wherein he did first express unto the court at
large, the greatness and dangerous consequence
of this presumptuous offence, which extorted
revenge out of the magistrate's hands, and gave
boldness to private men to be lawgivers to them-
William Lord Knolles, Treasurer of the Household.
Edward Lord Wollon, Comptroller.
John Lord Stanhope, Vice-chamberlain.
Sir Edward Coke, Knight, Lord Chief Justice of Eng-
land.
Sir Henry Hobart, Knight, Lord Chief Justice of toe
Common Pleas.
Sir Julius Cesar, Knight, Chancellor of the Exchequer.
selves ; the rather because it is an offence that
doth justify itself against the law, and plainly
gives the law an affront; describing also the
miserable effect which it draweth upon private
families, by cutting off young men, otherwise of
good hope ; and chiefly the loss of the king and
the commonwealth, by the casting away of much
good blood, which, being spent in the field upon
occasion of service, were able to continue the
renown which this kingdom hath obtained in all
ages, of being esteemed victorious.
Secondly, his majesty's said attorney-general
did discourse touching the causes and remedies
of this mischief, that prevailed so in these times;
showing the ground thereof to be a false and
erroneous imagination of honour and credit,
according to the term which was given to those
duels by a former proclamation of his majesty's,
which called them bewitching duels, for that it
was no better than a kind of sorcery, which
enchanteth the spirits of young men, which bear
great minds, with a show of honour in that which
is no honour indeed ; being against religion, law,
moral virtue, and against the precedents and ex-
amples of the best times, and valiantest nations
of the world; which, though they excelled for
prowess and military virtue in a public quarrel,
yet know not what these private duels meant;
saying, farther, that there was too much way and
countenance given unto these duels, by the course
that is held by noblemen and gentlemen in com-
pounding of quarrels, who use to stand too punc-
tually upon conceits of satisfactions and distinc-
tions, what is beforehand, and what is behind-
hand, which do but feed the humour: adding*
likewise, that it was no fortitude to show valour
in a quarrel, except there were a just and worthy
ground of the quarrel ; but, that it was weakness
WO
STAR CHAMBER DECREE AGAINST DUELS.
Ml
> set a man's life at so mean a rate as to bestow
; upon trifling occasions, which ought to be
ither offered up and sacrificed to honourable ser-
ices, public merits, good causes, and noble
dTentures. And, as concerning the remedies, he
oncluded, that the only way was, that the state
rould declare a constant and settled resolution to
isster, and put down this presumption in private
aen, of whatsoever degree, of righting their own
rrongs, and this to do at once; for, that then
very particular man would think himself ac-
uitted in his reputation, when that he shall see
bat the state takes his honour into their own
ands, and standeth between him and any interest
r prejudice, which he might receive in his repu-
ition for obeying : whereunto he added, likewise,
sat the wisest and mildest way to suppress these
nels, was rather to punish in this court all the
ets of preparation, which did in any wise tend
j the duels, as this of challenges, and the like,
nd so to prevent the capital punishment, and to
ex the root in the branches, than to suffer them
i run on to the execution, and then to punish
bera capitally, after the manner of France : where,
f late times, gentlemen of great quality that had
illed others in duel, were carried to the gibbet
rith their wounds bleeding, lest a natural death
hould keep them from the example of justice.
Thirdly, His majesty's said attorney-general
id, by many reasons which he brought and
lleged, free the law of England from certain
lin and childish exceptions, which are taken by
heso duellists : the one, because the law makes
10 difference in punishment between an insidious
nd foul murder, and the killing a man upon
hallenge and fair terms, as they call it. The
ther, for that the law hath not provided suffi-
ient punishment and reparation for contumely
f words, as the lie, and the like : wherein his
lajesty's said attorney-general did show, by
lany weighty arguments and examples, that the
iw of England did consent with the law of God
ad the law of nations in both these points, and
bat this distinction in murder between foul and
lir, and this grounding of mortal quarrels upon
ncivil and reproachful words, or the like dis-
Taces, was never authorized by any law or
ncient examples ; but it is a late vanity, crept in
rom the practice of the French, who themselves
ince have been so weary of it, as they have been
need to put it down with all severity.
Fourthly, His majesty's said attorney-general
id prove unto the court, by rules of law and pre-
edents, that this court hath capacity to punish
ending and accepting of challenges, though they
fere never acted nor executed ; taking for a
round infallible, that wheresoever an offence is
tpital or matter of felony, if it be acted and per-
orated, there the conspiracy, combination, or
ractice tending to the same offence, is punishable
as a high misdemeanor, although they never
were performed. And, therefore, that practice to
empoison, though it took no effect, and the like,
have been punished in this court; and cited the
precedent in Garnon's case, wherein a crime of a
much inferior nature, the suborning and preparing
of witnesses, though they never were deposed, or
deposed nothing material, was censured in this
court : whereupon he concluded, that forasmuch
as every appointment of the field is in law but a
combination of plotting of a murder, howsoever
men might gild it ; that, therefore, it was a case
fit for the censure of this court ; and therein he
vouched a precedent in the very point, that in a
case between Wharton, plaintiff, and Ellekar and
Acklam, defendants; Acklam, being a follower of
Ellekar, had carried a challenge unto Wharton ;
and although it were by word of mouth, and not
by writing, yet it was severely censured by the
court; the decree having words that such chal-
lenges do tend to the subversion of government.
And, therefore, his majesty's attorney willed the
standers by to take notice that it was no innova-
tion that he brought in, but a proceeding accord-
ing to former precedents of the court, although be
purposed to follow it more thoroughly than had
been done ever heretofore, because the times did
more and more require it. Lastly, his majesty's
said attorney-general did declare and publish to
the court in several articles, his purpose and reso-
lution in what cases he did intend to prosecute
offences of that nature in this court ; that is to
say, that if any man shall appoint the field, al-
though the fight be not acted or performed ; if any
man shall send any challenge in writing, or mes-
sage of challenge ; if any man shall carry or de-
liver any writing or message of challenge ; if any
man shall accept or return a challenge ; if any man
shall accept to be a second in a challenge of
either part; if any man shall depart the realm,
with intention and agreement to perform the fight
beyond the seas ; if any man shall revive a quar-
rel by any scandalous bruits or writings, contrary
to a former proclamation, published by his ma-
jesty in that behalf; that in all these cases his
majesty's attorney-general, in discharge of his
duty, by the favour and assistance of his majesty
and the court, would bring the offenders, of what
state or degree soever, to the justice of this court,
leaving the lords commissioners martial to the
more exact remedies: adding farther, that he
heard there were certain counsel learned of duels,
that tell young men when they are beforehand,
and when they are otherwise, and did incense and
incite them to the duel, and made an art of it ; who
likewise should not be forgotten. And so con-
cluded with two petitions, the one in particular to
the lord chancellor, that in case advertisement
were given of a purpose in any to go beyond the
seas to fight, there might be granted his majesty's
2C
808
STAR CHAMBER DECREE AGAINST DUELS.
writ of " Ne exeat regnum" against him ; and
the other to the lords in general, that he might be
assisted and countenanced in this service.
After which opening and declaration of the ge-
neral cause, his majesty's said attorney did pro-
ceed to set forth the proofs of this particular chal-
lenge and offence now in hand, and brought to
the judgment and censure of this honourable
court; whereupon it appeared to this honourable
court, by the confession of the said defendant,
Priest himself, that he having received some
wrong and disgrace at the hands of one Hutchest,
did thereupon, in revenge thereof, write a letter
to the said Hutchest, containing a challenge to
fight with him at single rapier, which letter the
said Priest did deliver to the said defendant,
Wright, together with a stick containing the
length of the rapier, wherewith the said Priest
meant to perform the fight. Whereupon the
said Wright did deliver the said letter to the
said Hutchest, and did read the same unto him ;
and after the reading thereof, did also deliver to
the said Hutchest the said stick, saying, that the
same was the length of the weapon mentioned in
the said letter. But the said Hutchest, dutifully
respecting the preservation of his majesty* s peace,
did refuse the said challenge, whereby no farther
mischief did ensue thereupon.
This honourable court, and all the honourable
presence this day sitting, upon grave and mature
deliberation, pondering the quality of these of-
fences, they generally approved the speech and
observations of his majesty's said attorney-ge-
neral, and highly commended his great care and
good service in bringing a cause of this nature
to public punishment and example, and in pro-
fessing a constant purpose to go on in the like
course with others: letting him know, that he
might expect from the court all concurrence and
assistance in so good a work. And thereupon
the court did by their several opinions and sen-
tences declare how much it imported the peace
and prosperous estate of his majesty and his king-
dom, to nip this practice and offence of duels in the
head, which now did overspread and grow uni-
versal, even among mean persons, and was not
only entertained in practice and custom, but was
framed into a kind of art and precepts : so that,
according to the saying of the Scripture, " mis-
chief is imagined like a law." And the court with
one consent did declare their opinions : that, by
the ancient law of the land, all inceptions, prepa-
rations, and combinations to execute unlawful
acts, though they never be performed, as they be
not to be punished capitally, except it be in the case
of treason, and some other particular cases of sta-
tute law ; so yet they are punishable as misde-
meanors and contempts : and that this court was
proper for offences of such a nature ; especially
in this case, where the bravery and insolency of
the times are such as the ordinary magistrates and
justices that are trustee with the preservation of
the peace, are not able to master and repress
those offences, which were by the court at large
set forth, to be not only against the law of God,
to whom, and his substitutes, all revenge belong-
eth, as part of his prerogative, but also against
the oath and duty of every subject unto his ma-
jesty, for that the subject doth swear unto him by
the ancient law allegiance of life and member;
whereby it is plain inferred, that the subject hath
no disposing power over himself of life and
member to be spent or ventured according to hii
own passions and fancies, insomuch as the very
practice of chivalry in justs and tournays, which
are but images of martial actions, appear by
ancient precedents not to be lawful without the
king' 8 license obtained. The court also noted,
that these private duels or combats were of an-
other nature from the combats which have been
allowed by the law, as well of this land as of
other nations, for the trial of rights or appeals.
For that those combats receive direction and au-
thority from the law ; whereas these, contrariwise,
spring only from the unbridled humours of pri-
vate men. And as for the pretence of honour,
the court much mislikingthe confusion of degrees
which is grown of late, every man assuming unto
himself the term and attribute of honour, did
utterly reject and condemn the opinion that the
private duel, in any person whatsoever, had any
grounds of honour; as well because nothing can
be honourable that is not lawful, and that it is no
magnanimity or greatness of mind, but a swell-
ing and tumour of the mind, where there faileth a
right and sound judgment ; as also for that it was
rather justly to be esteemed a weakness, and a
conscience of small value in a man's self to be de-
jected so with a word or trifling disgrace, as to
think there is no recure of it, but by the hazard of
life : whereas true honour, in persons that know
their own worth, is not of any such brittle sub-
stance, but of a more strong composition. And,
finally, the court, showing a firm and settled reso-
lution to proceed with all severity against these
duels, and gave warning to all young noblemen
gentlemen, that they should not expect the like
connivance or toleration as formerly have been,
but that justice should have a full passage, with-
out protection or interruption. Adding, that after
a strait inhibition, whosoever should attempt a
challenge or combat, incase where the other parry
was restrained to answer him, as now all good
subjects are, did by their own principals receive
the dishonour and disgrace upon himself.
And for the present cause, the court hath ordered,
adjudged, and decreed, that the said William
Priest and Richard Wright be committed to the
prison of the fleet, and the said Priest to pay five
hundred pounds, and the said Wright five hundred
marks, for their several fines to his majesty's use.
And to the end, that some more public example
CHARGE AGAINST MR. OLIVER ST. JOHN.
80S
may be made hereof amongst his majesty's people,
the court hath further ordered and decreed, that
the said Priest and Wright shall, at the next
assizes, to be holden in the county of Surry,
publicly, in face of the court, the judges sitting,
acknowledge their high contempt and offence
against God, his majesty, and his laws, and show
themselves penitent for the same.
Moreover, the wisdom of this high and honour-
able court thought it meet and necessary that all
sorts of his majesty's subjects should understand
and take notice of that which hath been said and
handled this day touching this matter, as well by
his highness'8 attorney-general, as by the lords
judges, touching the law in such cases. And,
therefore, the court hath enjoined Mr. Attorney to
have special care to the penning of this decree, for
the setting forth in the same summarily the matters
and reasons which have been opened and delivered
by the court touching the same ; and, nevertheless,
also at some time convenient to publish the par-
ticulars of his speech and declaration, as very
meet and worthy to be remembered and made
known unto the world, as these times are. And
this decree, being in such sort carefully drawn
aud penned, the whole court thought it meet, and
so have ordered and decreed, that the same be not
only read and published at the next assizes for
Surry, at such time as the said Priest and Wright
are to acknowledge their offences as aforesaid ; but
that the same be likewise published and made
known in all shires of this kingdom. And to
that end the justices of assizes are required by
this honourable court to cause this decree to be
solemnly read and published in all the places and
sittings of their several circuits, and in the great-
est assembly; to the end, that all his majesty's
subjects may take knowledge and understand the
opinion of this honourable court in this case, and
in what measure his majesty and this honour-
able court purposeth to punish such as shall fall
into the like contempt and offences hereafter.
Lastly, this honourable court much approving that,
which the right honourable Sir Edward Coke,
knight, Lord Chief Justice of England, did now
deliver touching the law in this case of duels,
hath enjoined his lordship to report the same
in print, as he hath formerly done ^divers other
cases, that such as understand not the law in
that behalf, and all others, may better direct
themselves, and prevent the danger thereof here-
after.
THE CHARGE GIVEN
BY SIR FRANCIS BACON, KNIGHT,
HIS MAJESTY'S ATTORNEY-GENERAL,
AOAIWIT
MR. OLIVER SAINT JOHN,
FOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS, LETTERS BENT FROM THE LORDS
OF THE COUNCIL, TOUCHING THE BENEVOLENCE.
Mr Lords,
I shall inform yon " ore tenus," against this
gentleman, Mr. I. S. ; a gentleman, as it seems, of
an ancient house and name ; but, for the present, I
can think of him by no other name, than the name
of a great offender. The nature and quality of his
offence, in sum, is this: This gentleman hath,
upon advice, not suddenly by his pen, nor by the
slip ' of his tongue ; not privately, or in a corner,
but publicly, as it were, to the face of the king's
ministers and justices, slandered and traduced the
king our sovereign, the law of the land, the
parliament, and infinite particulars of his majesty's
worthy and loving subjects. Nay, the slander is
of that nature, that it may seem to interest the
people in grief and discontent against the state ;
whence might have ensued matter of murmur and
sedition. So that it is not a simple slander, but a
seditious slander, like to that the poet speaketh
of — " Calamosque armare veneno." A venomous
dart, that hath both iron and poison.
To open to your lordships the true state of this
804
CHARGE AGAINST MR. OLIVER ST. JOHN.
offence, I will set before you, first, the occasion
whereupon Mr. I. S. wrought: then the offence
itself, in his own words : and, lastly, the points of
his charge.
My lords, you may remember that there was
the last parliament an expectation to have had the
king supplied with treasure, although the event
failed. Herein it is not fit for me to give opinion
of a House of Parliament, but I will give testi-
mony of truth in all places. I served in the
Lower House, and I observed somewhat. This I
do affirm, that I never could perceive but that
there was in that House a general disposition to
give, and to give largely. The clocks in the
House perchance might differ; some went too
fast, some went too slow ; but the disposition to
give was general : so I think I may truly say,
" solo tempore lapsus amor/'
This accident happening thus beside expecta-
tion, it stirred up and awaked in divers of his
majesty's worthy servants and subjects of the
clergy, the nobility, the court, and others here
near at hand, an affection loving and cheerful, to
present the king, some with plate, some with mo-
ney, as free-will offerings, a thing that God Al-
mighty loves, a cheerful giver : what an evil eye
doth I know not. And, my lords, let me speak
it plainly unto you : God forbid anybody should
be so wretched as to think that the obligation of
love and duty, from the subject to the king,
should be joint and not several. No, my lords,
it is both. The subject petitioneth to the king in
parliament. He petitioneth likewise out of par-
liament. The king on the other side gives graces
to the subject in parliament : he gives them like-
wise, and poureth them upon his people out of
parliament; and so, no doubt, the subject may
give to the king in parliament, and out of par-
liament. It is true the parliament is "inter-
cursus magnus," the great intercourse and main
current of graces and donatives from the king to
the people, from the people to the King : but par-
liaments are held but at certain times ; whereas
the passages are always open for particulars;
even as you see great rivers have their tides, but
particular springs and fountains run continually.
To proceed, therefore : As the occasion, which
was the failing of supply by parliament, did
awake the love and benevolence of those that
were at hand to give; so it was apprehended and
thought fit by my lords of the council to make a
proof, whether the occasion and example both
would not awake those in the country of the bet-
ter sort to follow. Whereupon, their lordships
devised and directed letters unto the sheriffs and
justices, which declared what was done here
above, and wished that the country might be
moved, especially men of value.
Now, my lords, I beseech you give me favour
and attention to set forth and observe unto you
five points : I will number them, because other
men may note them ; and I will but touch them,
because they shall not be drowned or lost in dis-
course, which I hold worthy the observation, for
the honour of the state and contusion of slander,
ers ; whereby it will appear most evidently what
care was taken, that that which was then done
might not have the effect, no, nor the show, no,
nor so much as the shadow of a tax; and that it
was so far from breeding or bringing in any ill
precedent or example, as, contrariwise, it is a cor-
rective that doth correct and allay the harshness
and danger of former examples.
The first is, that what was done was done im-
mediately after such a parliament, as made gene-
ral profession to give, and was interrupted by
accident : so as you may truly and justly esteem it,
"tanquam posthuma proles parliament!," as an
after-child of the parliament, and in pursuit, in
some small measure, of the firm intent of a par-
liament past. You may take it also, if you will,
as an advance or provisional help until a future
parliament; or as a gratification simply, without
any relation to a parliament; you can no ways
take it amiss.
The second is, that it wrought upon example,
as a thing not devised or projected, or required;
no, nor so much as recommended, until many that
were never moved nor dealt with, "ex mero
motu," had freely and frankly sent in their
presents. So that the letters were rather like
letters of news, what was done at London, than
otherwise : and we know " ex em pi a ducunt, non
trahunt:" examples they do but lead, they do
not draw nor drive.
The third is, that it was not done by commis-
sion under the great seal ; a thing warranted by
a multitude of precedents, both ancient, and of
late time, as you shall hear anon, and no doubt
warranted by law: so that the commissions be
of that style and tenor, as that they be to move
and not to levy: but this was done by letters of
the council, and no higher hand or form.
The fourth is, that these letters had no manner
of show of any binding act of state : for they
contain not any special frame or direction how the
business should be managed ; but were written
as upon trust, leaving the matter wholly to the
industry and confidence of those in the country;
so that it was an " absque computo;" such a
form of letters as no man could fitly be called to
account upon.
The fifth and last point is, that the whole car-
riage of the business had no circumstance com-
pulsory. There was no proportion or rate set
down, not so much as by way of a wish ; there
was no menace of any that should deny ; no re-
proof of any that did deny; no certifying of the
names of any that had denied. Indeed, if men
could not content themselves to deny, but that
CHARGE AGAINST MR. OLIVER ST. JOHN.
805
they must censure and inveigh, not to excuse
themselves, but they must accuse the state, that
is another case. But I say, for denying, no man
was apprehended, no, nor noted. So that I verily
think, that there is none so subtle a disputer
in the controversy of " libera m arbitrium," that
can with all his distinctions fasten or carp upon
the act, but that there was free-will in it.
I conclude, therefore, my lords, that this was a
true and pure benevolence; not an imposition
called a benevolence; which the statute speaks
of; as you shall hear by one of my fellows.
Tli ere is a great difference, 1 tell you, though
Pilate would not see it, between "Rex Judaeo-
rura" and " se dicens Regem Judasorum." And
there is a great difference between a benevolence
and an exaction called a benevolence, which the
Duke of Buckingham speaks of in his oration to
the city ; and defineth it to be not what the sub-
ject of his good-will would give, but what the
king of his good-will would take. But this, I
say, was a benevolence wherein every man had
a prince's prerogative, a negative .voice; and this
word, "excuse moy," was a plea peremptory.
And, therefore, I do wonder how Mr. I. S. could
foul or trouble so clear a fountain ; certainly it
was but his own bitterness and unsound humours.
Now to the particular charge : Amongst other
countries, these letters of the lords came to the
justices of D — shire, who signified the contents
thereof, and gave directions and appointments
for meetings concerning the business, to seve-
ral towns and places within that county: and
amongst the rest, notice was given unto the town
of A. The Mayor of A. conceiving that this Mr.
I. S. being a principal person, and a dweller in
that town, was a man likely to give both money
and good example, dealt with him to know his
mind : he intending, as it seems, to play prizes,
would give no answer to the mayor in private,
but would take time. The next day then being
an appointment of the justices to meet, he takes
occasion, or pretends occasion to be absent, be-
cause he would bring his papers upon the stage :
and thereupon takes pen in hand, and, instead of
excusing himself, sits down and contriveth a se-
ditious and libellous accusation against the king
and state, which your lordships shall now hear,
and sends it to the mayor : and, withal, because
the feather of his quill might fly abroad, he gives
authority to the mayor to impart it to the justices,
if he so thought good. And now, ray lords, be-
cause I will not mistake or misrepeat, you shall
hear the seditious libel in the proper terms and
words thereof.
(Here the papers were read.)
My lords, I know this paper offends your ears
much, and the ears of any good subject; and
sorry I am that the times should produce offences
of this nature : but since they do, I would be
Vol. If — 39
more sorry they should be passed without severe
punishment: "Non tradite factum,'1 as the verso
says, altered a little, "aut si traditis, facti quo-
que tradite pcenam." If any man have a mind
to discourse of the fact, let him likewise discourse
of the punishment of the fact.
In this writing, my lords, there appears a mon-
ster with four heads, of the progeny of him that
is the father of lies, and takes his name from
slander.
The first is a wicked and seditious slander; or,
if I shall use the Scripture phrase, a blaspheming
of the king himself; setting him forth for a prince
perjured in the great and solemn oath of his coro-
nation, which is as it were the knot of the dia-
dem ; a prince that should be a violator and in-
fringer of the liberties, laws, and customs of the
kingdom; a mark for a Henry the Fourth; a
match for a Richard the Second.
The second is a slander and falsification, and
wresting of the law of the land gross and palpa-
ble : it is truly said by a civilian, " Tortura le-
gum pessimal' the torture of laws is worse than
the torture of men.
The third is a slander and false charge of the
parliament, that they had denied to give to the
king; a point of notorious untruth.
And the last is a slander and a taunting of an
infinite number of the king's loving subjects, that
have given towards this benevolence and free
contribution; charging them as accessary and co-
adjutors to the king's perjury. Nay, you leave
us not there, but you take upon you a pontifical
habit, and couple your slander with a curse; but,
thanks be to God, we have learned sufficiently out
of the Scripture, that " as the bird flies away, so
the causeless curse shall not come."
For the first of these, which concerns the king,
I have taken to myself the opening and aggrava-
tion thereof; the other three I have distributed to
my fellows.
My lords, I cannot but enter into this part with
some wonder and astonishment, how it should
come into the heart of a subject of England to
vapour forth such a wicked and venomous slan-
der against the king, whose goodness and grace
is comparable, if not incomparable, unto any of
the kings his progenitors. This, therefore, gives
me a just and necessary occasion to do two things :
The one, to make some representation of his
majesty ; such as truly he is found to be in his
government, which Mr. I. S. chargeth with vio-
| lation of laws and liberties : The other, to search
\ and open the depth of Mr. I. S. his offence. Both
! which I will do briefly ; because the one, I can-
| not express sufficiently ; and the other, I will not
press too far.
My lords, I mean to make no panegyric or lau-
dative ; the king delights not in it, neither am I
fit for it : but if it were but a counsellor or noble-
man, whose name had suffered, and were to
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CHARGE AGAINST MR. OLIVER ST. JOHN.
receive some kind of reparation in this high court,
I would do him that duty as not to pass bis merits
and just attributes, especially such as are limited
with the present case, in silence : for it is fit to
burn incense where evil odours have been cast
and raised. Is it so that King James shall be
said to be a violator of the liberties, laws, and
customs of bis kingdoms? Or is he not rather a
noble and constant protector and conservator of
them alii I conceive this consisteth in main-
taining religion and the true church; in main-
taining the laws of the kingdom, which is the
subject's birthright: in temperate use of the pre-
rogative ; in due and free administration of jus-
tice, and conversation of the peace of the land.
For religion, we must ever acknowledge, in the
first place, that we have a king that is the prin-
cipal conservator of true religion through the
Christian world. He hath maintained it not only
with sceptre and sword, but likewise by his pen ;
wherein also he is potent.
He hath awaked and re-authorized the whole
party of the reformed religion throughout Europe ;
which, through the insolency and divers artifices
and enchantments of the adverse part, was grown
a little dull and dejected: He hath summoned
the fraternity of kings to enfranchise themselves
from the usurpation of the see of Rome : He
hath made himself a mark of contradiction for it.
Neither can I omit, when I speak of religion, to
remember that excellent act of his majesty, which,
though it were done in a foreign country, yet the
church of God is one, and the contagion of these
things will soon pass seas and lands : I mean, in
his constant and holy proceeding against the
heretic Vorstius, whom, being ready to enter into
the chair, and there to have authorized one of the
most pestilent and heathenish heresies that ever
was begun, his majesty by his constant opposition
dismounted and pulled down. And I am persuaded
there sits in this court one whom God doth the
rather bless for being his majesty's instrument in
that service.
I cannot remember religion and the church, but
I must think of the seed-plots of the same, which
are the universities. His majesty, as, for learning
amongst kings, he is incomparable in his person ;
so likewise hath he been in bis government a
benign or benevolent planet towards learning : by
whose influence those nurseries and gardens of
learning, the universities, were never more in
flower nor fruit.
For the maintaining of the laws, which is the
hedge and fence about the liberty of the subject, I
may truly affirm it was never in better repair. He
doth concur with the votes of the nobles : " Nolu-
rous leges Anglie mutare." He is an enemy of
innovation. Neither doth the universality of his
own knowledge carry him to neglect or pass over
the very forms of the laws of the land. Neither was
there ever king, I am persuaded, that did consult
so oft with his judges, as my lords that sit here
know well. The judges are a kind of council of
the king's by oath and ancient institution ; bat
he useth them so indeed: he confers regularly
with them upon their returns from their visitations
and circuits ; he gives them liberty, both to inform
him, and to debate matters with him ; and in the
fall and conclusion commonly relies on their
opinions.
As for the use of the prerogative, it runs within
the ancient channels and banks : some things that
were conceived to be in some proclamations, com-
missions, and patents, as overflows, have been by
his wisdom and care reduced; whereby, no doubt,
the main channel of his prerogative is so much the
stronger. For evermore overflows do hurt the
channel.
As for administration of justice between party
and party, I pray observe these points. There is
no news of great seal or signet that flies abroad
for countenance or delay of causes : protections
rarely granted, and only upon great ground,. or by
consent. My lords here of the council, and the
king himself meddle not, as hath been used in
former times, with matters of **meum" and
" tuum," except they have apparent mixture with
matters of estate, but leave them to the king's
courts of law or equity. And for mercy and grace,
without which there is no standing before justice,
we see, the king now hath reigned twelve years
in his white robe, without almost any aspersion
of the crimson dye of blood. There sits my Lord
Hobart, that served attorney seven years. I
served with him. We were so happy, as there
passed not through our hands any one arraign-
ment for treason; and but one for any capital
offence, which was that of the Lord Sanquhar;
the noblest piece of justice, one of them, that ever
came forth in any king's time.
As for penal laws, which lie as snares upon the
subjects, and which were as a ** nemo scit" to
King Henry VII. ; it yields a revenue that will
scarce pay for the parchment of the king's records
at Westminster.
And, lastly, for peace, we see manifestly his
majesty bears some resemblance of that great
name, " a prince of peace :" he hath preserved
his subjects during his reign in peace, both with-
in and without. For the peace with states
abroad, we have it " usque ad satietatem :" and
for peace in the lawyers' phrase, which count
trespasses, and forces, and riots, to be "contra
pacem ;" let me give your lordships this token or
taste, that this court, where they should appear,
had never less to do. And, certainly, there is no
better sign of "omnia bene," than when this
court is in a still.
But, my lords, this is a sea of matter: and
therefore I must give it over, and conclude, that
there was never king reigned in this nation that
did better keep covenant in preserving the liberties
CHARGE AGAINST MR. LUMSDEN, ETC.
307
ind procuring the good of his people : so that I
must need 8 say for the subjects of England,
" O fortnnatoa nimium iua ii boni norint ;"
as no doubt they do both know and acknowledge
it; whatsoever a few turbulent discourses may,
through the lenity of the time, take boldness to
speak.
And as for this particular, touching the benevo-
lence, wherein Mr. I. S. doth assign this breach
of covenant, I leave it to others to tell you what the
king may do, or what other kings have done : but
1 have told you what our king and my lords have
done : which I say and say again, is so far from
introducing a new precedent, as it doth rather
correct, and mollify, and qualify former pre-
cedents.
Now, Mr. I. S., let me tell you your fault in
few word 8 : for that I am persuaded you see it
already, though I woo no man's repentance; but
I shall, as much as in me is, cherish it where I
find it. Your offence hath three parts knit together :
Your slander,
Your menace, and
Your comparison.
For your slander, it is no less than that the king
is perjured in his coronation oath. No greater
offence than perjury; no greater oath than that
of a coronation. I leave it: it is too great to
aggravate.
Your menace, that if there were a Bullingbroke,
or I cannot tell what, there were matter for him,
is a very seditious passage. You know well,
that howsoever Henry the Fourth's act, by a secret
providence of God, prevailed, yet it was but a
usurpation ; and if it were possible for such a one
to be this day, wherewith it seems your dreams
are troubled, I do not doubt, his end would be
upon the block; and that he would sooner have
the ravens sit upon his head at London bridge,
than the crown at Westminster. And it is not
your interlacing of your " God forbid," that will
salve these seditious speeches ; neither could it
be a forewarning, because the matter was past
and not revocable, but a very stirring up and
incensing of the people. If I should say to you,
for example, "If these times were like some
former times, of King Henry VIII., or some other
times, (which God forbid !) Mr. I. S., it would
cost you your life ; I am sure you would not think
this to be a gentle warning, but rather that I
incensed the court against you.
And for your comparison with Richard II., I
see you follow the example of them that brought
him upon the stage, and into print, in Queen
Elizabeth's time, a most prudent and admirable
queen. But let me entreat you, that when you
will speak of Queen Elizabeth or King James,
you would compare them to King Henry VII., or
King Edward I., or some other parallels to which
they are alike. And this I would wish both you
and all to take heed of, how you speak seditious
matter in parables, or by tropes or examples.
There is a thing in an indictment called an
inuendo ; you must beware how you beckon or
make signs upon the king in a dangerous sense;
but I will contain myself, and press this no farther.
I may hold you for turbulent or presumptuous ;
but I hope you are not disloyal : you are graciously
and mercifully dealt with. And, therefore, having
now opened to my lords, and, as I think, to your
own heart and conscience, the principal part of
your offence, which concerns the king, I leave the
rest, which concerns the law, parliament, and the
subjects that have given* to Mr. Serjeant and Mr.
Solicitor.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
THE KING'S ATTORNEY-GENERAL,
AOAIRtT
MR. LUMSDEN, SIR JOHN WENTWORTH, AND SIR JOHN HOLLES,
FOR SCANDAL AND TRADUCING OF THE KING'S JU8TICE IN THE PROCEEDINGS AGAIN8T WESTON,
IN THE STAR CHAMBER, TENTH NOVEMBER, 1615.
The offence wherewith I shall charge the three
offenders at the bar, is a misdemeanor of a high
nature, tending to the defacing and scandal of
justice in a great cause capital. The particular
charge is this :
The king amongst many his princely virtues is
known to excel in that proper virtue of the impe-
rial throne, which is justice. It is a royal virtue,
which doth employ the other three cardinal virtues
in her service : wisdom to discover, and discern
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CHARGE AGAINST MR. LUMSDEN, ETC.
nocent or innocent; fortitude to prosecute and
execute ; temperance, so to carry justice as it be
not passionate in the pursuit, nor confused in
involving persons upon light suspicion, nor pre-
cipitate in time. For this his majesty's virtue of
justice, God hath of late raised an occasion, and
erected, as it were, a stage or theatre, much to
his honour, for him to show it, and act in the
pursuit of the untimely death of Sir Thomas
Overbury, and therein cleansing the land from
blood. For, my lords, if blood spilt pure doth
cry to heaven in God's ears, much more blood
defiled with poison.
This great work of his majesty's justice, the
more excellent it is, your lordships will soon
conclude the greater is the offence of any that
have sought to affront it or traduce it. And,
therefore, before I descend unto the charge of
these offenders, I will set before your lordships,
the weight of that which they have sought to
impeach ; speaking somewhat of the general
crime of impoisonment, and then of the particular
circumstances of this fact upon Overbury ; and,
thirdly, and chiefly, of the king's great and worthy
care and carriage in this business.
The offence of impoisonment is most truly
figured in that device or description, which was
made of the nature of one of the Roman tyrants,
that he was " lutum sanguine maceratum," mire
mingled or cemented with blood : for, as it is one
of the highest offences in guiltiness, so it is the
basest of all others in the mind of the offenders.
Treasons " magnum aliquid spectant :" they aim
at great things ; but this is vile and base. I tell
your lordships what I have noted, that in all
God's book, both of the Old and New Testament,
I find examples of all other offences and offenders
in the world, but not any one of an impoisonment
or an impoisoner. I find mention of fear of
casual impoisonment: when the wild vine was
shred into the pot, they came complaining in a
fearful manner ; Master, *• mors in olla." And I
find mention of poisons of beasts and serpents ;
41 the poison of asps is under their lips." But I
find no example in the book of God of impoison-
ment. I have sometimes thought of the words in
the psalm, "let their table be made a snare."
Which certainly is most true of impoisonment;
for the table, the daily bread, for which we pray,
is turned to a deadly snare : but, I think rather,
that that was meant of the treachery of friends
that were participant of the same table.
But let us go on. It is an offence, my lords,
that hath the two spurs of offending; "spes
perficiendi," and "spes celandi:" it is easily
committed, and easily concealed.
It is an offence that is " tanquam sagitta nocte
volans ;" it is the arrow that flies by night. It
discerns not whom it hits: for many times the
poison is laid for one, and the other takes it ; as
in Sanders's case, where the poisoned apple was
laid for the mother, and was taken up by the
childyiand killed the child : and so in that noto-
rious case, whereupon the statute of 22 Henry
VIII., chap. 9, was made, where the intent being
to poison but one or two, poison was put into a
little vessel of barm that stood in the kitchen of
the Bishop of Rochester's house ; of which barm
pottage or gruel was made, wherewith seventeen :
of the bishop's family were poisoned : nay, divert
of the poor that came to the bishop's gate, and
had the broken pottage in alms, were likewise
poisoned. And, therefore, if any man will com-
fort himself, or think with himself, Here is great
talk of impoisonment, I hope I am safe; for 1
have no enemies; nor I have nothing that any
body should long for : Why, that is all one; for
he may sit at table by one for whom poison is
prepared, and have a drench of his cup, or of his
pottage.
And so, as the poet saith, "concidit infeliz
alieno vulnere ;" he may die another man's death.
And, therefore, it was most gravely, and judi-
ciously, and properly provided by that statute,
that impoisonment should be high treason; be-
cause whatsoever offence tendeth to the utter
subversion and dissolution of human society, is
in the nature of high treason.
Lastly, it is an offence that I may truly say of
it, " non est nostri generis, nee sanguinis." It is,
thanks be to God, rare in the isle of Britain : it is
neither of our country, nor of our church; you
may find it in Rome or Italy. There is a region,
or perhaps a religion for it: and if it should come
amongst us, certainly it were better living in a
wilderness than in a court.
For the particular fact upon Overbury. First,
for the person of Sir Thomas Overbury : I knew
the gentleman. It is true, his mind was great,
but it moved not in any good order; yet, certainly
it did commonly fly at good things; and the
greatest fault that I ever heard of him, was, that
he made his friend his idol. But I leave him as
Sir Thomas Overbury.
But take him as he was, the king's prisoner in
the tower ; and then see how the case stands. In
that place the state is as it were respondent to
make good the body of a prisoner. And, if any
thing happen to him there, it may, though not in
this case, yet in some others, make an aspersion
and reflection upon the state itself. For the per-
son is utterly out of his own defence ; his own
care and providence can serve him nothing. He
is in custody and preservation of law ; and we
have a maxim in our law, as my lords the judges
know, that when a state is in preservation of law,
nothing can destroy it, or hurt it. And God
forbid but the like should be for the persons of
those that are in custody of law ; and therefore
this was a circumstance of great aggravation.
Lastly, to have a man chased to death in such
manner, as it appears now by matter of record;
CHARGE AGAINST MR. LUMSDEN, ETC.
809
for other privacy of the cause I know not, by
poison after poison ; first roseaker, then arsenic,
then mercury sublimate, then sublimate again ; it
is a thing would astonish man's nature to hear it.
The poets feign, that the Furies had whips, that
they were corded with poisonous snakes ; and a
man would think that this were the very case, to
have a man tied to a post, and to scourge him to
death with snakes ; for so may truly be termed
diversity of poisons.
Now I wiil come to that which is the principal ;
that is, his majesty's princely, yea, and, as I may
truly term it, sacred proceeding in this cause.
Wherein I will speak of the temper of his justice,
and then of the strength thereof.
First, it pleased my lord chief justice to let me
know, that which I heard with great comfort,
which was the charge that his majesty grave to
himself first, and afterwards to the commissioners
in this case, worthy certainly to be written in
letters of gold, wherein his majesty did forerank
and make it his prime direction, that it should be
carried, without touch to any that was inqocent;
nay, more, not only without impeachment, but
without aspersion : which was a most noble and
princely caution from his majesty ; for men's re-
putations are tender things, and ought to be, like
Christ's coat, without seam. And it was the
more to be respected in this case, because it met
with two great persons; a nobleman that his
majesty had favoured and advanced, and his lady,
being of a great and honourable house : though I
think it be true that the writers say, That there is
no pomegranate so fair or so sound, but may
have a perished kernel. Nay, I see plainly, that
in those excellent papers of his majesty's own
handwriting, being as so many beams of justice
issuing from that virtue which doth shine in him;
I say, I see it was so evenly carried, without pre-
judice, whether it were a true accusation of the
one part, or a practice of a false accusation on the
other, as showed plainly that his majesty's judg-
ment was " tanquam tabula rasa," as a clean pair
of tables, and his ear " tanquam janua aperta," as
a gate not side open, but wide open to truth, as it
should be by little and little discovered. Nay, I
see plainly, that, at the first, till farther light did
break forth, his majesty was little moved with the
first tale, which he vouchsafeth not so much as
the name of a tale ; but calleth it a rumour, which
is a heedless tale.
As for the strength or resolution of his majesty's
justice, I must tell your lordships plainly ; I do
not marvel to see kings thunder out justice in 1
cases of treason, when they are touched them-
selves; and that they are "vindices doloris
proprii :" but that a king should, " pro amore
justitias" only, contrary to the tide of his own
affection, for the preservation of his people, take
such care of a cause of justice, that is rare and
worthy to be celebrated far and near. For, I
think, I may truly affirm, that there was never in
this kingdom, nor in any other kingdom, the
blood of a private gentleman vindicated "cum
tanto motu regni," or, to say better, " cum tanto
plausu regni." If it had concerned the king or
prince, there could not have been greater nor
better commissioners to examine it. The term
hath been almost turned into a "justitium," or
vacancy ; the people themselves being more
willing to be lookers on in this business, than to
follow their own. There hath been no care of
discovery omitted, no moment of time lost. And,
therefore, I will conclude this part with the saying
of Solomon, " Gloria Dei eel are rem, et gloria
regis scrutari rem." And his majesty's honour is
much the greater for that he hath snowed to the
world in this business, as it hath relation to my
Lord of Somerset, whose case in no sort I do pre-
judge, being ignorant of the secrets of the cause,
but taking him as the law takes him hitherto, for
a subject, I say, the king hath to his great honour
showed, that were any man, in such a case of
blood, as the signet upon his right hand, as the
Scripture says, yet would he put him off.
Now will I come to the particular charge of
these gentlemen, whose qualities and persons I
respect and love ; for they are all my particular
friends : but now I can only do this duty of a
friend to them, to make them know their fault to
the full.
And, therefore, first, I will by way of narrative
declare to your lordships the fact, with the occa-
sion of it ; then you shall have their confessions
read, upon which you are to proceed, together
with some collateral testimonies by way of
aggravation : and, lastly, I will note and observe
to your lordships the material points which I do
insist upon for their charge, and so leave them to
their answer : and this I will do very briefly, for
the case is not perplexed.
That wretched man, Weston, who was the actor
or mechanical party in this impoisonment, at the
first day being indicted by a very substantial jury
of selected citizens, to the number of nineteen,
who found " billa vera," yet, nevertheless, at the
first stood mute : but after some days' intermis-
sion, it pleased God to cast out the dumb devil,
and that he did put himself upon his trial ; and
was, by a jury also of great value, upon his con-
fession, and other testimonies, found guilty : so
as thirty-one sufficient jurors have passed upon
him. Whereupon judgment and execution was
awarded against him. After this, being in pre-
paration for another world, he sent for Sir John
Overbury's father, and falling down upon his
knee 8, with great remorse and compunction, asked
him forgiveness. Afterwards, again, of his own
motion, desired to have his like prayer of forgive-
ness recommended to his mother, who was ab-
sent. And at both times, out of the abundance of
his heart, confessed that he was to die justly, and
S10
CHARGE AGAINST MR. LUMSDEN, ETC.
that he was worthy of death. And after, again, at
his execution, which is a kind of sealing-time of
confessions, even at the point of death, although
there were tempters about him, as you shall hear
by-and-by, yet he did again confirm publicly,
that his examinations were true, and that he had
been justly and honourably dealt with. Here is
the narrative, which induceth the charge. The
charge itself is this.
Mr. L., whose offence stands alone single, the
offence of tho other two being in consort; and
yet all three meeting in their end and centre,
which was to interrupt or deface this excellent
piece of justice ; Mr. L., I say, meanwhile be-
tween Weston's standing mute and his trial,
takes upon him to make a most false, odious, and
libellous relation, containing as many untruths as
lines, and sets it down in writing with his own
hand, and delivers it to Mr. Henry Gibb, of the
bed-chamber, to be put into the king's hand ; in
which writing he doth falsify and pervert all that
was do no the first day at the arraignment of
Weston ; turning the pike and point of his impu-
tations principally upon my Lord Chief Justice of
England ; whose name, thus occurring, I cannot
pass by, and yet 1 cannot skill to flatter. But
this I will say of him, and I would say as much
to ages, if I should write a story ; that never man's
person and his place were better met in a business,
than my Lord Coke and my lord chief justice, in
the cause of Overbury.
Now, my lords, in this offence of M. L., for
the particulars of these slanderous articles, I will
observe them unto you when the writings and
examinations are read; fori do not love to set the
gloss before the text. But, in general, I note to
your lordships, first, the person of M. L. I know
he is a Scotch gentleman, and thereby more igno-
rant of our laws and forms : but I cannot tell
whether this doth extenuate his fault in respect
of ignorance, or aggravate it much, in respect of
presumption ; that he would meddle in that that
he understood not : but I doubt it came not out
of his quiver : some other man's cunning wrought
upon this man's boldness. Secondly, I may note
unto you the greatness of the cause, wherein he,
being a private mean gentleman, did presume to
deal. M. L. could not but know to what great
and grave commissioners the king had committed
this cause ; and that his majesty in his wisdom
would expect return of all things from them to
whose trust he had committed this business. For it
is the part of commissioners, as well to report the
business, as to manage the business; and then his
majesty might have been sure to have had all things
well weighed, and truly informed : and, therefore,
it should have been far from M. L. to have pre-
sumed to have put forth his hand to so high and
tender a business, which was not to be touched but
by em ployed hands. Thirdly, I note to your lord-
ships, that this infusion of a slander into a king's
ear, is of all forms of libels and slanders the wont.
It is true, that kings may keep secret their inform-
ations, and then no man ought to inquire after
them, while they are shrined in their breast. Bat
where a king is pleased that a man shall answer
for his false information ; there, I say, the false
information to a king exceeds in offence the false
information of any other kind; being a kind,
since we are in a matter of poison, of impoisoo-
ment of a king's ear. And thus much for the
offence of M. L.
For the offence of S. W. and H. I., which I
said was in consort, it was shortly thin. At the
time and place of the execution of Weston, to
supplant his Christian resolution, and to scandal-
ize the justice already past, and perhaps to cot
off the thread of that which is to come, these
gentlemen, with others, came mounted on horse-
back, and in a ruffling and facing manner put
themselves forward to re-examine Weston upon
questions : and what questions 1 Directly cross
to that that had been tried and judged. For what
was the point tried % That Weston had poisoned
Overbury. What was S. W.'s question! Whe-
ther Weston did poison Overbury or no t A con-
tradictory directly : Weston answered only, that
he did him wrong; and turning to the sheriff,
said, You promised me I should not be troubled
at this time. Nevertheless, he pressed him to
answer; saying he desired to know it, that he
might pray with him. I know not that S. W. is
an ecclesiastic, that he should cut any man from
the communion of prayer. And yet for all this
vexing of the spirit of a poor man, now in the
gates of death ; Weston, nevertheless, stood con-
stant, and said, I die not unworthily; my lord
chief justice hath my mind under my hand, and
he is an honourable and just judge. This is S.
W. his offence.
For H. I., he was not so much a questionist;
but wrought upon the other's questions, and, like
a kind of confessor, wished him to discharge his
conscience, and to satisfy the world. What
world 1 I marvel ! it was sure the world at Ty-
burn. For the world at Guildhall, and the world
at London, was satisfied before ; " teste" the bells
that rung. But men have got a fashion now-a-
days, that two or three busy-bodies will take upon
them the name of the world, and broach their
own conceits, as if it were a general opinion.
Well, what more ? When they could not work
upon Weston, then H. I. in an indignation turn-
ed about his horse, when the other was turning
over the ladder, and said, he was sorry for such
a conclusion; that was, to have the state ho-
noured or justified ; but others took and reported
his words in another degree : but that I leave,
seeing it is not confessed.
H. I., his offence had another appendix, before
CHARGE AGAINST LORD SANQUHAR.
311.
this in time ; which was, that at the day of the
verdict given up by the jury, he also would needs
give his verdict, saying openly, that if he were
of the jury, he would doubt what to do. Marry,
he saith, he cannot tell well whether he spake
this before the jury had given up the verdict, or
after; wherein there is little gained. For whe-
ther H. I. were a p re-juror or a post-juror, the one
was to prejudge the jury, the other as to taint them.
Of the offence of these two gentlemen in gene-
ral, your lordships must give me leave to say,
that it is an offence greater and more dangerous
than is conceived. 1 know well that, as we have
no Spanish inquisitions, nor justice in a corner ;
so we have no gagging of men's mouths at their
death : but that they may speak freely at the last
hour ; but then it must come from the free motion
of the party, not by temptation of questions. I
The questions that are to be asked ought to
tend to farther revealing of their own or others
guiltiness ; but to use a question in the nature of
a false interrogatory, to falsify that which is " res
judicata," is intolerable. For that were to erect
a court of commission of review at Tyburn,
against the King's Bench at Westminster. And,
besides, it is a thing vain and idle : for if they
answer according to the judgment past, it adds
no credit ; or if it be contrary, it derogateth no-
thing : but yet it subjecteth the majesty of justice
to popular and vulgar talk and opinion.
My lords, these are great and dangerous of-
fences ; for if we do not maintain justice, justice
will not maintain us.
But now your lordships shall hear the exami-
nations themselves, upon which I shall have oc-
casion to note some particular things, &c.
A CHARGE DELIVERED
BY SIR FRANCIS BACON, KNIGHT,
THE KINO'S SOLICITOR-GENERAL,
AT THS
ARRAIGNMENT OF THE LORD SANQUHAR,
IN THE KING'S BENCH AT WESTMINSTER.
THE ARGUMENT.
The Lord Sanquhar, a Scotch nobleman, having, in private revenge, suborned Robert Carl fie to murder John Turner,
muter of fence, thought, by his greatness, to have borne it out ; but the king, respecting nothing so much as justice, would
not suffer nobility to be a shelter for villany ; but, according to law, on the 29th of June, 1013, the said Lord Sanquhar,
having been arraigned and condemned, by the name of Robert Creighton, Esq., was, before Westminster-hall Gate, executed,
where be died very penitent. At whose arraignment my Lord Bacon, then solicitor-general to King James, made this
speech following :
In this cause of life and death, the jury's part ■ agree, in some sort extenuates it; for certainly,
is in effect discharged ; for after a frank and formal
confession, their labour is at an end: so that
what hath been said by Mr. Attorney, or shall
be said by myself, is rather convenient than ne-
cessary.
My Lord Sanquhar, your fault is great, and
cannot be extenuated, and it need not be aggra-
vated ; and if it needed, you have made so full
an anatomy of it out of your own feeling, as it
cannot be matched by myself, or any man else,
out of conceit ; so as that part of aggravation I
as even in extreme evils there are degrees; so
this particular of your offence is such as, though
it be foul spilling of blood, yet there are more
foul : for if you had sought to take away a man's
life for his vineyard, as Ahab did ; or for envy,
as Cain did ; or to possess his bed, as David did ;
surely the murder had been more odious.
Your temptation was revenge, which the more
natural it is to man, the more have laws both di-
vine and human sought to repress it; "Mini vin-
dicta." But in one thing you and I shall never
leave. Nay, more, this Christian and penitent agree, that generous spirits, you say, are hard to
coarse of yours draws me thus far, that I will forgive: no, contrariwise, generous and magna-
812
CHARGE AGAINST LORD SANQUHAR.
nimous minds are readiest to forgive; and it is a
weakness and impotency of mind to be unable to
forgive ;
t«
Corpora magnanimo satta eat prottraate leonL"
But, howsoever, murders may arise from seve-
ral motives, less or more odious, yet the law both
of God and man involves them in one degree,
and, therefore, you may read that in Joab's case,
which was a murder upon revenge, and matcheth
with your case ; he, for a dear brother, and you
for a dear part of your own body ; yet there was
a severe charge given, it should not be unpu-
nished.
* And certainly the circumstance of time is heavy
upon you : it is now five years since this unfor-
tunate man Turner, be it upon accident, or be it
upon despite, grave the provocation, which was
the seed of your malice. All passions are suaged
with time: love, hatred, grief; all fire itself burns
out with time, if no new fuel be put to it. There-
fore, for you to have been in the gall of bitterness
so long* and to have been in a restless chase of
this blood so many years, is a strange example ;
and I must tell you plainly, that I conceive you
have sucked those affections of dwelling in ma-
lice, rather out of Italy and outlandish manners,
where you have conversed, than out of any part
of this island, England or Scotland.
But that which is fittest for me to spend time
in, the matter being confessed, is to set forth and
magnify to the hearers, the justice of this day ;
first of God, and then of the king.
My lord, you have friends and entertainments
in foreign parts ; it had been an easy thing for
you to set Carlile, or some other bloodhound on
work, when your person had been beyond the
seas ; and so this news might have come to you
in a packet, and you might have looked on how
the storm would pass : but God bereaved you of
this foresight, and closed you here under the
hand of a king that, though abundant in clemency,
yet is no less zealous of justice.
Again, when you came in at Lambeth, you
might have persisted in the denial of the procure-
ment of the fact ; Carlile, a resolute man, might
perhaps have cleared you, for they that are reso-
lute in mischief, are commonly obstinate in con-
cealing the procurers, and so nothing should have
been against you but presumption. But then
also, God, to take away all obstruction of justice,
gave you the grace, which ought indeed to be
more true comfort to you, than any device where-
by you might have escaped, to make a clear and
plain confession.
Other impediments there were, not a few,
which might have been an interruption to this
day's justice, had not God in his providence
removed them.
But, now that I hare given God the honour, let
me give it likewise where it is next due, which
is to the king our sovereign.
This murder was no sooner committed, and
brought to his majesty's ears, but his just indig-
nation, wherewith he first was moved, cast itself
into a great deal of care and providence to hare
justice done. First came forth his proclamation,
somewhat of a rare form, and devised, and in
effect dictated by his majesty himself; and by
that he did prosecute the offenders, as it wen
with the breath and blast of his mouth. Then did
his majesty stretch forth his long arms, for kings
have long arms when they will extend them, one
of them to the sea, where he took hold of Grey
shipped for Sweden, who gave the first light of
testimony ; the other arm to Scotland, and took
hold of Carlile, ere he was warm in his house,
and brought him the length of his kingdom under
such safe watch and custody, as he could have
no means to escape, no, nor to mischief himself!
no, nor learn any lessons to stand mute; in which
cases, perhaps, this day's justice might have
received a stop. So that I may conclude his ma-
jesty hath showed himself God's true lieutenant,
and that he is no respecter of persons ; but the
English, Scottish, nobleman, fencer, are to him
alike in respect of justice.
Nay, I must say farther, that his majesty hath
had, in this, a kind of prophetical spirit; for what
time Carlile and Grey, and you, my lord, your-
self, were fled no man knew whither, to the four
winds, the king ever spake in a confident and
undertaking manner, that wheresoever the offend*
era were in Europe, he would produce them forth
to justice; of which noble word God hath made
him master.
Lastly, I will conclude towards you, my lord,
that though your offence hath been great, yet,
your confession hath been free, and your beha-
viour and speech full of discretion; and this
shows, that though you could not resist the-
tempter, yet you bear a Christian and generous
mind, answerable to the noble family of which
you are descended. This I commend unto you,
and to take it to be an assured token of God's
mercy and favour, in respect whereof all worldly
things are but trash ; and so it is fit for you, at
your state now is, to account them. And this is
all I will say for the present.
[Note, The reader, for his fuller information in
this story of the Lord Sanquhar, is desired to
peruse the case in the ninth book of the Lord
Coke's Reports ; at the end of which the whole
series of the murder and trial is exactly related.]
THE CHARGE OF OWEN,
INDICTED OP HIGH TREASON, IN THE KING'S BENCH,
BY SIR FRANCIS BACON, KNIGHT,
IU MAJMTY't ATTOBMBV-OIMEBAL.
The treason wherewith this man standeth
charged, is, for the kind and nature of it, ancient,
as ancient as there is any law of England ; but in
the particular, late and upstart : and, again, in the
manner and boldness of the present case, new,
and almost unheard of till this man. Of what
mind he is now, I know not; but I take him as
he was, and as he standeth charged. For, high
treason is not written in ice ; that when the body
relenteth, the impression should go away.
In this cause the evidence itself will spend
little time : time, therefore, will be best spent in
opening fully the nature of this treason, with the
circumstances thereof; because the example is
more than the man. I think good, therefore, by
way of inducement and declaration in this cause,
to open unto the court, jury, and hearers, five
things.
The first is, the clemency of the king ; because
it is news, and a kind of rarity to have a pro-
ceeding in this place upon treason : and, perhaps,
it may be marvelled by some, why, after so long
an intermission, it should light upon this fellow ;
being a person but contemptible, a kind of veno-
mous fly, and a hangby of the seminaries.
The second is, the nature of this treason, as
concerning the fact, which, of all kinds of com-
passing tbe king's death, I hold to be the most
perilous, and as much differing from other con-
spiracies, as the lifting up of a thousand hands
against the king, like the giant Briareus, differs
from lifting up one or a few hands.
The third point that 1 will speak unto is, the
doctrine or opinion, which is the ground of this
treason ; wherein I witt not argue or speak like a
divine or scholar, but as a man bred in a civil j
life ; and, to speak plainly, I hold the opinion to
be such, that deserveth rather detestation than
contestation.
The fourth point is, the degree of this man's
offence, which is more presumptuous, than I have
known any other to have fallen into in this kind,
and hath a greater overflow of malice and treason.
And, fifthly, I will remove somewhat that may
seem to qualify and extenuate this man's offence ;
in that he hath not affirmed simply that it is law-
ful to kill the king, but conditionally ; that, if tbe
king be excommunicated, it is lawful to kill him :
which maketh little difference either in law or peril.
Vol. II.— 40
For the king's clemency, I have said it of late
upon a good occasion, and I still speak it with
comfort : I have now served his majesty's soli-
citor and attorney eight years and better; yet,
this is the first time that ever I gave in evidence
against a traitor at this bar, or any other. There
hath not wanted matter in that party of the sub-
jects whence this kind of offence floweth, to
irritate the king: he hath been irritated by the
powder of treason, which might have turned
judgment into fury. He hath been irritated by
wicked and monstrous libels ; irritated by a gene-
ral insolency and presumption in the Papists
throughout the land ; and, yet, I see his majesty
keepeth Caesar's rule : " Nil malo, quam eos esse
similes sui, et me mei." He leaveth them to be
like themselves ; and he remaineth like himself,
and striveth to overcome evil with goodness. A
strange thing, bloody opinions, bloody doctrines,
bloody examples, and yet, the government still
unstained with blood. As for this Owen that is
brought in question, though his person be in his
condition contemptible ; yet, we see by miserable
examples, that these wretches, which are but the
scum of the earth, have been able to stir earth-
quakes by murdering princes ; and, if it were in
case of contagion, as this is a contagion of the
heart and soul, a rascal may bring in a plague
into the city, as well as a great man : so, it is not
the person, but the matter that is to be consi-
dered.
For the treason itself, which is the second
point, my desire is to open it in the depth thereof,
if it were possible; but, it is bottomless: I said
in the beginning, that this treason, in the nature
of it, was old. It is not of the treasons whereof
it may be said, from the beginning it was not so.
You are indicted, Owen, not upon any statute
made against the pope's supremacy, or other mat-
ters, that have reference to religion ; but merely
upon that law which was born with the kingdom,
and was law even in superstitious times, when
the pope was received. The compassing and
imagining of the king's death was treason. The
statute of 25 Edw. III., which was but declara-
tory, begins with this article as the capital of
capitals in treason, and of all others the most
odious, and the most perilous: and so the civil
law saith, " Conjorationes omnium proditionum
9D 313
814
CHARGE AGAINST MR. OWEN.
odiosissime et perniciosissimae." Against hostile
invasions and the adherence of subjects to ene-
mies, kings can arm. Rebellions must go over
the bodies of many good subjects before they can
hurt the king: but conspiracies against the per-
sons of kings, are like thunderbolts that strike
upon the sudden, hardly to be avoided. " Major
metus a singulis/' saith he, " quain ab universis."
There is no preparation against them : and that
preparation which may be of guard or custody, is
a perpetual misery. And, therefore, they that
have written of the privileges of ambassadors, and
of the amplitude of safe-conducts, have defined,
that, if an ambassador, or a man that cometh in
upon the highest safe-conducts, do practise matter
of sedition in a state, yet, by the law of nations,
he ought to be remanded ; but, if he conspire
against the life of a prince by violence or poison,
he is to be justiced : "Quia odium est omni
privilegio majus." Nay, even amongst enemies,
and in the most deadly wars, yet, nevertheless,
conspiracy and assassination of princes hath
been accounted villanqus and execrable.
The manners of conspiring and compassing the
king's death, are many : but, it is most apparent,
that amongst all the rest, this surmounteth. First,
because it is grounded upon pretenced religion ;
which is a trumpet that inflameth the heart and
powers of a man with daring and resolution more
than any thing else. Secondly, it is the hardest
to be avoided ; for, when a particular conspiracy
is plotted or attempted against a king by some
one, or some few conspirators, it meets with a
number of impediments. Commonly, he that
hath the head to devise it, hath not the heart to
undertake it : and the person that is used, some-
times faileth in courage ; sometimes faileth in
opportunity ; sometimes is touched with remorse.
But to publish and maintain, that it may be law-
ful for any man living to attempt the life of a
king, this doctrine is a venemous sop ; or as a
legion of malign spirits, or a universal tempta-
tion, doth enter at once into the hearts of all that
are any way prepared, or of any predisposition to
be traitors ; so that whatsoever faileth in any one,
is supplied in many. If one man faint, another
will dare : if one man hath not the opportunity,
another hath ; if one man relent, another will be
desperate. And, thirdly, particular conspiracies
have their periods of time, within which, if they
be not taken, they vanish; but this is endless,
and importeth perpetuity of springing conspiracies.
And so much concerning the nature of the fact.
For the third point, which is the doctrine; that
upon an excommunication of the pope, with sen-
tence of deposing, a king by any son of Adam
may be slaughtered ; and, that it is justice, and
no murder ; and, that their subjects are absolved
of their allegiance, and the kings themselves
exposed to spoil and prey. I said before, that I
would not argue the subtlety of the question : it
is rather to be spoken to by way of accusation of
the opinion as impious, than by way of dispute
of it as doubtful. Nay, I say, it deserveth rather
some holy war or league amongst all Christian
princes of either religion, for the extirpating and
rasing of the opinion, and the authors thereof,
from the face of the earth, than the style of pen
or speech. Therefore, in this kind I will speak
to it a few words, and not otherwise. Nay, 1
protest, if I were a Papist, I should say as much :
nay, I should speak it, perhaps, with more indig-
nation and feeling. For this horrible opinion is
our advantage, and it is their reproach, and will
be their ruin.
This monster of opinion is to be accused of
three most evident and most miserable slanders.
First, Of the slander itbringeth to the Christian
faith, being a plain plantation of irreligion and
atheism.
Secondly, The subversion which it introdoceth
into all policy and government.
Thirdly, The great calamity it bringeth upon
Papists themselves ;. of which the more moderate
sort, as men misled, are to be pitied.
For the first, if a man doth visit the foul and
polluted opinions, customs, or practices of hea-
thenism, Mahometanism, and heresy, he shall
find they do not attain to this height. Take the
examples of damnable memory amongst the hea-
thens. The proscriptions in Rome of Sylla, and
afterwards of the Triumvirs, what were they!
They were but of a finite number of persons, and
those not many that were exposed unto any man's
sword. But what is that to the proscribing of a
king, and all that shall take his part? And what
was the reward of a soldier that amongst them
killed one of the proscribed 1 A small piece of
money. But what is now the reward of one that
shall kill a king? The kingdom of heaven. The
custom among the heathen that was most scan-
dalized was, that some times the priest sacrificed
men ; but yet you shall not read of any priest-
hood that sacrificed kings.
The Mahometans make it a part of their reli-
gion to propagate their sect by the sword ; but
yet still by honourable wars, never by villanies
and secret murders. Nay, I find that the Saracen
prince, of whom the name of the assassins is
derived, which had divers votaries at command-
ment, which he sent and employed to the killing
of divers princes in the east, hy one of whom
Amurath thn First was slain, and Edward thcFirst
of England was wounded, was put down and rooted
out by common consent of the Mahometan princes
The Anabaptists, it is true, come nearest. For
they profess th* pulling down of magistrates : and
they can chant the psalm, '• To bind their kings
in chains, and their nobles in fetters of iron."
This is the glory of the saints, much like the
temporal authority that the pope challengeth over
princes. But this is the difference, that that it
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET.
315
a furious and fanatical fury, and this is a sad and
solemn mischief: he " imagineth mischief as a
law ;" a law-like mischief.
As for the defence which they do make, it doth
aggravate the sin, and turneth it from a cruelty
towards man to a blasphemy towards God. For
to say that all this is " in ordine ad spirituale,"
and to a good end, and for the salvation of souls ;
it is directly to make God author of evil, and to
draw him in the likeness of the prince of darkness ;
and to say with those that Saint Paul speaketh
of, " Let us do evil that good may come thereof;"
of whom the apostle saith definitively, " that
their damnation is just."
For the destroying of government universally,
it is most evident, that it is not the case of Protes-
tant princes only, but of Catholic princes like-
wise ; as the king hath excellently set forth. Nay,
it is not the case of princes only, but of all sub-
jects and private persons. For, touching princes,
let history be perused, what hath been the causes
of excommunication; and, namely, this tumour of
it, the deposing of kings ; it hath not been for
heresy and schism alone, but for collation and in-
vestitures of bishoprics and benefices, intruding
upon ecclesiastical possessions, violating of any
ecclesiastical person or liberty. Nay, generally
they maintain it, that it may be for any sin : so
that the difference wherein their doctors vary,
that some hold that the pope hath his temporal
power immediately, and others but " in ordine ad
•pirituale," is but a delusion and an abuse. For
all cometh to one. What is there that may not
be made spiritual by consequence : especially
when he that giveth the sentence may make the
case? and accordingly hath the miserable ex-
perience followed. For this murdering of kings
hath been put in practice, as well against Papist
kings as Protestant: save that it hath pleased
God so to guide it by his admirable providence,
as the attempts upon Papist princes have been
executed, and the attempts upon Protestant
princes have failed, except that of the Prince of
Orange : and not that neither, until such time as
he had joined too fast with the Duke of Anjou
and the Papists. As for subjects, I see not, nor
ever could discern, but that, by infallible conse-
quence, it is the case of all subjects and people,
as well as of kings ; for it is all one reason, that
a bishop, upon an excommunication of a private
man, may give his lands and goods in spoil, or
cause him to be slaughtered, as for the pope to
do it towards a king; and for a bishop to absolve
the son from duty to the father, as for the pope to
absolve the subject from his allegiance to his
king. And this is not my inference, but the
very affirmative of Pope Urban the Second, who,
in a brief to Godfrey, Bishop of Luca, hath these
very words, which Cardinal Baronius reciteth in
his Annals, "Non illos homicidas arbitramur,
qui ad vers us excommunicatos zelo Catholics
matris ardentes eorum quoslibet trucidare conti-
gerit," speaking generally of all excommunica-
tions.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
HIS MAJESTY'S ATTORNEY-GENERAL,
AGAINST
FRANCES, COUNTESS OF SOMERSET;
INTENDED TO HAVE BEEN 8POKEN BY HIM AT HER ARRAIGNMENT, ON FRIDAY,
MAY 24, 1616, IN CASE SHE HAD PLEADED NOT GUILTY/
IT MAY PLEASE YOUR GRACE, MY LORD HIGH STEWARD OF ENGLAND, f AND YOU, MY L0RD8, THE PEERS:
You have heard the indictment against this
lady well opened ; and likewise the point in law,
that might make some doubt, declared and solved ;
wherein certainly the policy of the law of Eng-
land is much to be esteemed, which requireth and
lespecteth form in the indictment, and substance
in the proof.
This scrapie, it may be, hath moved this lady
to plead not guilty, though for the proof I shall
not need much more than her own confession,
which she hath formerly made, free and volun-
tary, and therein given glory to God and justice.
* She pleaded guilty, on which occasion the attorney-gene-
ral spoke n charge aomewhat different from this.
t Thomas Egerlon, Viscount Ellesmere, lord high chancel-
lor.
816
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET.
And certainly confession, as it is the strongest
foundation of justice, so it is a kind of corner-
stone, whereupon justice and mercy may meet.
The proofs, which I shall read in the end for
the ground of your verdict and sentence, will be
very short; and as much as may serve to satisfy
your honours and consciences for the conviction
of this lady, without wasting of time in a case
clear and confessed; or ripping up guiltiness
against one, that hath prostrated herself by con-
fession; or preventing or deflowering too much
of the evidence. And, therefore, the occasion
itself doth admonish me to spend this day rather
in declaration than in evidence, giving God and
the king the honour, and your lordships and the
hearers the contentment, to set before you the
proceeding of this excellent work of the king's
justice, from the beginning to the end ; and so
to conclude with the reading the confessions and
proofs.
My lords, this is now the second time* within
the space of thirteen years reign of our happy
sovereign, that this high tribunal-seat of justice,
ordained for the trial by peers, hath been opened
and erected ; and that, with a rare event, supplied
and exercised by one and the same person, which
is a great honour to you, my lord steward.
In all this mean time the king hath reigned in
his white robe, not sprinkled with any drop of
blood of any of his nobles of this kingdom.
Nay, such have been the depths of his mercy, as
even those noblemen's bloods, against whom the
proceeding was at Winchester, Cobham and
Grey, were attainted and corrupted, but not spilt
or taken away; but that they remained rather
spectacles of justice in their continual imprison-
ment, than monuments of justice in the memory
of their suffering.
It is true, that the objects of his justice then
and now were very differing. For then, it was
the revenge of an offence against his own person
and crown, and upon persons that were malcon-
tents, and contraries to the state and government.
But now, it is the revenge of the blood and death
of a particular subject, and the cry of a prisoner.
It is upon persons that were highly in his favour ;
whereby his majesty, to his great honour, hath
showed to the world, as if it were written in a sun-
beam, that he is truly the lieutenant of Him with
whom there is no respect of persons ; that his affec-
tions royal are above his affections private ; that
his favours and nearness about him are not like
popish sanctuaries to privilege malefactors : and
that his being the best master of the world doth
not let him from being the best king of the world.
His people, on the other side, may say to them-
selves, " I will lie down in peace ; for God and
the king and the law protect me against great and
small." It may be a discipline also to great men,
* The first time wai on the trials of the Lords Cobham and
Grey, In November, 1609.
especially such as are swoln in fortunes from small
beginnings, that the king is as well able to level
mountains, as to fill valleys, if such be their
desert.
But to come to the present case ; the great
frame of justice, my lords, in this present action,
hath a vault, and it hath a stage : a vault, where-
in these works of darkness were contrived ; and a
stage with steps, by which they were brought to
light. And, therefore, I will bring this work
of justice to the period of this day ; and then go
on with this day's work.
Sir Thomas Overbury was murdered by poison
on the 15th of September, 1613, 11 Reg. This
foul and cruel murder did, for a time, cry secretly
in the ears of God ; but God gave no answer to it,
otherwise than by that voice, which sometimes be
useth, which is " vox populi," the speech of the
people. For there went then a murmur, that
Overbury was poisoned : and yet this same sub-
miss and soft voice of God, the speech of the
vulgar people, was not without a counter-tenor, or
counter-blast of the devil, who is the common
author both of murder and slander: for it was
given out, that Overbury was dead of a foul disease;
and his body, which they had made a "corpus
Judaicum" with their poisons, so as it had no
whole part, must be said to be leprosed with vice,
and so his name poisoned as well as his body.
For as to dissoluteness, I never heard the gentle-
man noted with it: his faults were insolency
and turbulency, and the like of that kind: the
other part of the soul, not the voluptuous.
Mean time, there was some industry used, of
which I will not now speak, to lull asleep those
that were the revengers of blood ; the father and
the brother of the murdered. And in these terms
things stood by the space almost of two years,
during which time God so blinded the two great
procurers, and dazzled them with their own great-
ness, and did bind and nail fast the actors and
instruments with security upon their protection,
as neither the one looked about them, nor the
other stirred or fled, nor were conveyed away:
but remaineth here still, as under a privy arrest
of God's judgments; insomuch as Franklin,
that should have been sent over to the Palsgrave
with good store of money, was, by God's pro-
vidence, and the accident of a marriage of his,
diverted and stayed.
But about the beginning of the progress last
summer, God's judgments began to come out of
their depths : and as the revealing of murders it
commonly such, as a man may say, " a Domino
hoc factum est ;" it is God's work, and it is mar-
vellous in our eyes : so in this particular, it is most
admirable ; for it came forth by a compliment and
matter of courtesy.
My Lord of Shrewsbury*, that is now
* Gilbert, Earl of Shrewsbury, Knigbt of the Gaiter,
died May 8, 1610.
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET.
317
God, recommended to a counsellor of state, of !
•special trust by his place, the late Lieutenant1
Helwisse,* only for acquaintance as an honest, j
worthy gentleman; and desired him to know him, ■■
and to be acquainted with him. That counsellor
answered {iim civilly, that my lord did him a
favour ; and that he should embrace it willingly ;
but he must let his lordship know, that there did
lie a heavy imputation upon that gentleman,
Helwisse; for that Sir Thomas Overbury, his
prisoner, was thought to have come to a violent
and untimely death. When this speech was re-
ported back by my Lord of Shrewsbury to Hel-
wisse, " perculit illico animum," he was stricken
with it ; and being a politic man, and of likelihood
doubting that the matter would break forth at one
time or other, and that others might have the start
of him, and thinking to make his own case by
his own tale, resolved with himself, upon this
occasion, to discover to my Lord of Shrewsbury
and that counsellor, that there was an attempt,
whereto he was privy, to have poisoned Overbury
by the hands of his under-keeper, Weston ; but
that he checked it, and put it by, and dissuaded it,
and related so much to him indeed : but then he
left it thus, that it was but an attempt, or untimely
birth, never executed ; and as if his own fault had
been no more, but that he was honest in forbidding,
but fearful of revealing and impeaching or accus-
ing great persons; and so with this fine point
thought to save himself.
But that great counsellor of state wisely consi-
dering, that by the lieutenant's own tale it could
not be simply a permission or weakness ; for that
Weston was never displaced by the lieutenant,
notwithstanding that attempt; and coupling the
sequel by the beginning, thought it matter fit to
be brought before his majesty, by whose appoint-
ment Helwisse set down the like declaration in
writing.
Upon this ground, the king playeth Solomon's
part, " Gloria Dei celare rem : et gloria regis in-
vestagare rem ;" and sets down certain papers of
his own hand, which I might term to be " claves
jnstitie," keys of justice ; and may serve for a
precedent both for princes to imitate, and for a
direction for judges to follow : and his majesty
earned the balance with a constant and steady
hand, evenly and without prejudice, whether it
• Sir Gervase Ilelwisse, appointed Lieutenant of the Tower,
upon tbe removal of Sir William Waade on the 6th of May,
1013, [" Reliquic Wottnnianee," p. 413, 3d edit. 1679.] Mr.
Chamberlain, in a MS. letter to Sir Dudley Carteton, dated
at London, May 13, 1613, speaks of Sir Gervase's promotion in
them terms. " One Sir Gervase Helwisse, of Lincolnshire,
tome what an unknown man, is put into the place [of Sir W.
Waade's] by the favour of the lord chamberlain [Earl of So-
merset] and his lady. The gentleman is of too mild and gen-
tle a disposition for such an office. He is my old friend and
acquaintance in Prance, and lately renewed in town, where
be hath lived past a year, nor followed the court many a day."
Sir Henry Wotton, in a letter of the 14th of May, 1613, [•« ubi
supra," p. S3,] says, that Sir Gervase bad been before one of
the pensioners.
were a true accusation of the one part, or a practice
and factious device of the other : which writing,
because I am not able to express according to the
worth thereof, I will desire your lordship anon to
hear read.
This excellent foundation of justice being laid
by his majesty's own hand, it was referred unto
some counsellors to examine farther, who gained
some degrees of light from Weston, but yet left it
imperfect.
After it was referred to Sir Edward Coke,
chief justice of the King's Bench, as a person
best practised in legal examinations, who took a
great deal of indefatigable pains in it, without
intermission, having, as I have heard him say,
taken at least three hundred examinations in this
business.
But these things were not done in a corner.
I need not speak of them. It is true, that my lord
chief justice, in the dawning and opening of the
light, finding that the matter touched upon these
great persons, very discreetly became suitor to
the king to have greater persons than his own
rank joined with him. Whereupon, your lord-
ship, my Lord High Steward of England, to
whom the king commonly resorteth " in arduis,"
and my lord steward of the king's house, and my
Lord Zouch, were joined with him.
Neither wanted there, this while, practice to
suppress testimony, to deface writings, to weaken
the king's resolution, to slander the justice, and
the like. Nay, when it came to the first solemn
act of justice, which was the arraignment of Wes-
ton, he had his lesson to stand mute ; which had
arrested the wheel of justice. But this dumb
devil, by the means of some discreet divines, and
the potent charm of justice, together, was cast out.
Neither did this poisonous adder stop his ear to
those charms, but relented, and yielded to his
trial.
Then follow the proceedings of justice against
the other offenders, Turner, Helwisse, Franklin.
But all these being but the organs and instru-
ments of this fact, the actors, and not the authors,
justice could not have been crowned without this
last act against these great persons. Else Wes-
ton's censure or prediction might have been veri-
fied, when he said, he hoped the small flies
should not be caught and the great escape.
Wherein the king being in great straits, between
the defacing of his honour and of his creature,
hath, according as he useth to do, chosen the
better part, reserving always mercy to himself.
The time also of this justice hath had its true
motions. The time until this lady's deliverance
was due unto honour, Christianity, and humanity,
in respect of her great belly. The time since
was due to another kind of deliverance too;
which was, that some causes of estate, that were
in the womb, might likewise be brought forth, not
for matter of justice, but for reason of state. Like-
2d2
318
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET.
wise this last procrastination of days had tho like
weighty grounds and causes. And this is the true
and brief representation of this extreme work of
the king's justice.
Now, for the evidence against this lady, I am
sorry I must rip it up. I shall first show you the
purveyance or provisions of the poisons; that
they were seven in number brought to this lady,
and by her billetted and laid up till they might
be used : and this done with an oath or vow
of secrecy, which is like the Egyptian darkness,
a gross and palpable darkness, that may be felt.
Secondly, I shall show you the exhibiting and
sorting of the same number or volley of poisons:
white arsenic wa& fit for salt, because it is of like
body and colour. The poison of great spiders, and
of the venonious fly cantharides, was fit for pigs'
sauce or partridge sauce, because it resembled pep-
per. As for mercury-water, and other poisons,
they might be fit for tarts, which is a kind of hotch-
pot, wherein no one colour is so proper : and some
of these were delivered by the hands of this lady,
and some by her direction.
Thirdly, I shall prove and observe unto you the
cautions of these poisons ; that they might not be
too swift, lest tho world should startle at it by the
suddenness of the despatch : but they must abide
long in the body, and work by degrees ; and for
this purpose there must be essays of them upon
poor beasts, &c.
And, lastly, I shall show you the rewards of this
impoisonment, first demanded by Weston, and
denied, because the deed was not done ; but after
the deed done and perpetrated, that Overbury was
dead, then performed and paid to the value of
180/.
And so, without farther aggravation of that,
which in itself bears its own tragedy, I will
conclude with the confessions of this lady herself,
which is the strongest support of justice; and yet
is the footstool of mercy. For, as the Scripture
says, ** Mercy and truth have kissed each other;*'
there is no meeting or greeting of mercy, till there
be a confession, or trial of truth. For these
read,
Franklin, November 16,
Franklin, November 17,
Rich. Weston, October 1,
Rich. Weston, October 2,
Will. Weston, October 2,
Rich. Weston, October 3,
Helwisse, October 2,
The Countess's letter, without date,
The Countess's confession, January 8.
THE
CHARGE, BY WAY OF EVIDENCE,
BY
SIR FRANCIS BACON, KNIGHT,
HIS majbhty's attorney-genkbal,
BEFORE THE LORD HIGH STEWARD, AND THE PEERS;*
AGAINST
FRANCES, COUNTESS OF SOMERSET,
CONCERNING THE POISONING OF SIR THOMAS OVERBURY.
IT MAY PLEA8E YOUR GRACE, MY LORD HIGH STEWARD OF ENGLAND, AND YOU, MY LORDS, THE PEERS:
I am very glad to hear this unfortunate lady
doth take this course, to confess fully and freely,
and therehy to give glory to God and to justice.
It is, as I may term it, the nobleness of an
offender to confess : and, therefore, those meaner
* The tord Chancellor Egerton, Lord EUcsmere, and Earl
of Bridf water.
persons, upon whom justice passed before, con-
fessed not; she doth. I know your lordships
cannot behold her without compassion : many
things may move you, her youth, her person, her
sex, her noble family ; yea, her provocations, if 1
should enter into the cause itself, and furies about
her; but chiefly her penitency and confession.
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET. 819
Bat justice U the work of this day; the mercy- 1 as well able to level mountains, as to nil valleys,
seat was in the inner part of the temple ; the ! if such be their desert,
throne is public. But, since this lady hath, by
her confession, prevented my evidence, and your
But to come to the present case: The great
frame of justice, my lords, in this present action,
verdict, and that this day's labour is eased ; there hath a vault, and hath a stage; a vault, wherein
restetb, in the legal proceeding, but for me to these works of darkness were contrived ; and a
pray that her confession may be recorded, and i stage, with steps, by which it was brought to
judgment thereupon. ' light.
But, because your lordships the peers are met, For the former of these, I will not lead your
and that this day and to-morrow are the days
that crown all the former justice; and that in
lordships into it, because I will engrieve nothing
against a penitent; neither will 1 open any thing
these great cases it hath been ever the manner to ' against bim that is absent. The one I will give
respect honour and satisfaction, as well as the to the laws of humanity, and the other to the
ordinary parts and forms of justice; the occasion
itself admonisheth me to give your lordships and
laws of justice: for I shall always serve my mas-
ter with a good and sincere conscience, and, I
the hearers this contentment, as to make declara- know, that he accepteth best. Therefore, 1 will
lion of the proceedings of this excellent work of reserve that till to-morrow, and hold myself to
the king's justice, from the beginning to the end. that which I called the stage or theatre, \v he re-
It may please your grace, my Lord High Steward unto indeed it may he fitly compared: for that
of England : this is now the second time, within
things were first contained within the invisible
the space of thirteen years' reign of our happy judgments of God, as within a curtain, and after
sovereign, that this high tribunal-seat, ordained { came forth, and were acted most worthily by the
for the trial of peers, hath been opened and j king, and right well by his ministers,
erected, and that with a rare event, supplied and ( Sir Thomas Ovcrbury was murdered by poison,
exercised by one and the same person, which is a '■ September 15, 1013. This foul and cruel murder
preat honour unto you, my lord steward. . did for a time cry secretly in tho ears of God ; but
lu all this mean time the king hath reigned in : God gave no answer to it, otherwise than by that
his whitis robe, not sprinkled with any one drop voice, which sometimes he useth, which is " vox
of the blood of any of his nobles of this kingdom.
Nay, such have been the depths of his mercy, as
populi," the speech of the people: for there went
then a murmur that Ovcrbury was poisoned ; and
even those noblemen's bloods, against whom the
proceeding was at Winchester, Cobham and
Grey, were attainted and corrupted, but not spilt
or taken away; hut that they remained rather
yet the same submiss and low voice of God, the
speech of the vulgar people, was not without a
counter-tenor or counter-blast of the devil, who is
- the common author both of murder and slander;
spectacles of justice in their continual imprison- for it was given out that Ovcrbury was dead of a
ment, than monuments of justice in the memory foul disease; and his body, which they had made
of their suffering.
It is true that the objects of his justice then, and
" corpus Judaicum" with their poisons, so as it
had no whole part, must be said to be leprosed
now, were very differing: for then it was the , with vice, and so his name poisoned as well as
revenge of an offence against his own person and ! his body. For as to dissoluteness, I have not
crown, and upon persons that were malcontents, " heard the gentleman noted with it; his faults
and contraries to the state and government; but were of insolency, turbulency, and the like of that
now it is the revenge of the blood and death of a kind,
particular subject, and the cry of a prisoner: it is i Mean time there was some industry used, of
upon persons that were highly in his favour;
whereby his majesty, to his great honour, hath
which I will not now speak, to lull asleep those
that were the revengers of the blood, the father ,
showed to the world, as if it were written in a j and the brother of the murdered. And in these
sunbeam, that he is truly the lieutenant of Him terms things stood by the space of two years,
with whom there is no respect of persons ; that
his affections royal arc above his affections pri-
during which time, God did so blind the two
great procurers, and dazzle them with their grcat-
vate; that his favours and nearness about him ness; and blind, and nail fast the actors and
are not like popish sanctuaries, to privilege male- ! instruments with security upon their protection,
factors ; and that his being the best master in the j as neither the one. looked about them, nor the
world, doth not let him from being the best king ' other stirred or fled, or were conveyed away, but
in the world. His people, on the other side, may remained here still, as under a privy arrest of
say to themselves, I will lie down in peace, for \ God's judgments ; insomuch as Franklin, that
God, the king, and the law, protect me against should have been sent over to the Palsgrave with
great and small. It may be a discipline also to j good store of money, was, by God's providence,
great men, especially such as are swoln in their and the accident of a marriage of his, diverted
fortunes from small beginnings, that the king is ! and stayed.
3S0
CHARGE AGAINST FRANCES, COUNTESS OP SOMERSET.
But about the beginning of the progress the
last summer, God's judgments began to come out
of their depths. And, as the revealing of murder
is commonly such as a man said, "a Domino hoc
factum est; it is God's work, and it is marvellous
in our eyes :" so in this particular it was most
admirable; for it came forth first by a compli-
ment, a matter of courtesy. My Lord of Shrews-
bury, that is now with God, recommended to a
counsellor of state, of special trust by his place,
the late lieutenant Helwisse,* only for acquaint-
ance, as an honest and worthy gentleman, and
desired him to know him, and to be acquainted
with him. That counsellor answered him civilly,
that my lord did him a favour, and that he should
embrace it willingly ; but he must let his tordship
know, that there did lie a heavy imputation upon
that gentleman, Helwisse ; for that Sir Thomas
Overbury, his prisoner, was thought to have come
to a violent and an untimely death. When this
speech was reported back by my Lord of Shrews-
bury to Helwisse, " percussit illico animum," he
was strucken with it: and being a politic man,
and of likelihood doubting that the matter would
break forth at one time or other, and that others
might have the start of him, and thinking to
make his own case by his own tale, resolved with
himself upon this occasion to discover unto my
Lord of Shrewsbury, and that counsellor, that
there was an attempt, w hereunto he was privy, to
have poisoned Overbury by the hands of his
under-keeper, Weston; but that he checked it,
and put it by, and dissuaded it. But then he left
it thus, that it was but as an attempt, or an
untimely birth, never executed; and, as if his
own fault had been no more, but that he was
honest in forbidding, but fearful of revealing and
impeaching, or accusing great persons: and so
with this fine point thought to save himself.
But that counsellor of estate, wisely consider-
ing that, by the lieutenant's own tale, it could not
be simply a permission or weakness: for that
Weston was never displaced by the lieutenant,
notwithstanding that attempt ; and coupling the
sequel by the beginning, thought it matter fit to
be brought before his majesty, by whose ap-
pointment Helwisse set down the like declaration
in writing.
Upon this ground the king playeth Solomon's
part, "Gloria Dei celare rem, et gloria Regis
investigare rem," and sets down certain papers
of his own hand, which I might term to be
" claves justitie," keys of justice ; and may serve
both for a precedent for princes to imitate, and for
a direction for judges to follow. And his ma-
jesty carried the balance with a constant nnd
steady hand, evenly, and without prejudice,
• Called In Sir H. Wotton't Reliq. p. 418, Klvii. In Sir A.
Welden'i Court of King James, p. 107, Elwaies. In Aullc.
Coquin. p. 141, Ellowaies. In Sir W. Dugdale's Baron, of
England, torn. IL p. 415, Elwayes. In Baker, p. 434, Yelvta.
whether it were a true accusation of the one put,
or a practice and factious scandal of the other:
which writing, because I am not able to express
according to the worth thereof, I will desire your
lordships anon to hear read.
This excellent foundation of justice being laid
by his majesty's own hand, it was referred unto
some counsellors to examine farther; who gained
some degrees of light from Weston, but yet left
it imperfect.
After it was referred to Sir Edward Coke, chief
justice of the king's bench, as a person best prac-
tised in legal examinations; who took a great
deal of indefatigable pains in it without intermis-
sion, having, as I have heard him say, taken at
least three hundred examinations in this busi-
ness.
But these things were not done in a corner ; I
need not speak of them. It is true that my lord
chief justice, in the dawning and opening of the
light, finding the matter touched upon these great
persons, very discreetly became suitor to the
king, to have greater persons than his own rank
joined with him ; whereupon your lordships, my
Lord High Steward of England, my Lord Steward
of the King's House, and my Lord Zouch, were
joined with him.
Neither wanted there, this while, practice to
suppress testimony, to deface writings, to weaken
the king's resolution, to slander the justice, and
the like. Nay, when it came to the first solemn
act of justice, which was the arraignment of
Weston, he had his lesson to stand mute, which
had arrested the whole wheel of justice, but this
dumb devil, by the means of some discreet divines,
and the potent charm of justice together, was cast
out ; neither did this poisonous adder stop bis ear
to these charms, but relented, and yielded to his
trial.
Then followed the other proceedings of justice
against the other offenders, Turner, Helwisse,
! Franklin.
! But all these being but the organs and instru-
: ments of this fact, the actors, and not the authors,
justice could not have been crowned without this
last act against these great persons ; else Wes-
; ton's censure or prediction might have been
i verified, when he said, he hoped the small flies
: should not be caught, and the greater escape.
Wherein the king, being in great straits be-
tween the defacing of his honour, and of his
' creature, hath, according as he used to do,
; chosen the better part, reserving always mercy
to himself.
The time also of justice hath had its true mo-
tions. The time until this lady's deliverance was
due unto honour, Christianity, and humanity, in
. respect of her great belly. The time since was
due to another kind of deliverance too; which
I w
was, that some causes of estate which were in
the womb might likewise be brought forth, not
CHARGE AGAINST ROBERT, EARL OF SOMERSET.
381
for matter of justice, bat for reason of slate.
Likewise this last procrastination of days had the
like weighty grounds and causes.
But, my lords, where 1 speak of a stage, 1
doubt I hold you upon the stage too long. But,
before I pray judgment, I pray your lordships to
hear the king's papers read, that you may see
how well the king was inspired, and how nobly
he carried it, that innocency might not have so
much as aspersion.
Frances, Countess of Somerset, hath been
indicted and arraigned, as accessary before the
fact, for the murder and impoisonment of Sir
Thomas Overbury, and hath pleaded guilty, and
confesseth the indictment: I pray judgment
against the prisoner.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
HIS MAJESTY'S ATTORNEY-GENERAL,
BY WAY OF EVIDENCE,
BIFOBS THE LOBD HIGH STEWARD, AND THB PEERS,
AGAINST ROBERT, EARL OF SOMERSET
CONCERNING THE POISONING OF OVERBURY.
IT MAT PLEA8E YOUR GRACE, MY LORD HIGH STEWARD OF ENGLAND, AND YOU, MY LORDS, THE PEER8 I
You have here before you Robert, Earl of
Somerset, to be tried for his life, concerning the
procuring and consenting to the impoisonment of
Sir Thomas Overbury, then the king's prisoner
in the Tower of London, as an accessary before
the fact.
I know your lordships cannot behold this
nobleman, but you must remember his great
favour with the king, and the great place that he
hath had and borne, and must be sensible that he
is yet of your number and body, a peer as you
ire ; so that you cannot cut him off from your
body but with grief; and, therefore, that you will |
expect from us, that give in the king's evidence, '
sound and sufficient matter of proof to satisfy
your honours and consciences.
As for the manner of the evidence, the king our
master, who among his other virtues excelleth in
that virtue of the imperial throne, which is justice,
hath given us in commandment that we should
not expatiate, nor make invectives, but materially
pursue the evidence, as it conduceth to the point
in question; a matter that, though we are glad
of so good a warrant, yet, we should have done
of ourselves : for far be it from us, by any strains
of wit or art, to seek to play prizes, or to blazon
our names in blood, or to carry the day otherwise
than upon just grounds. We shall carry the
lantern of justice, which is the evidence, before
Vol. II.
your eyes upright, and to be able to save it from
being put out with any winds of evasion or vain
defences, that is our part; and within that we
shall contain ourselves, not doubting at all, but
that the evidence itself will carry such force as it
shall need no vantage or aggravation.
My lords, the course which I will hold in deli-
vering that which I shall say, for I love order,
shall be this :
First, I will speak somewhat of the nature and
greatness of the offence which is now to be tried ;
not to weigh down my lord with the greatness of
it, but, contrariwise, to show that a great offence
deserveth a great proof, and that the king, how-
ever he might esteem this gentleman heretofore,
as the signet upon his finger, to use the Scrip-
ture phrase, yet in such case as this he was to
put him off.
Secondly, I will use some few words touching
the nature of the proofs, which in such a case are
competent.
Thirdly, I will state the proofs.
Fourthly and lastly, I will produce the proofs,
either out of examinations and matters in writing,
or witnesses, " viva voce."
For the offence itself, it is of crimes, next unto
high treason, the greatest; it is the foulest of
felonies. And, take this offence with the circum-
stances, it hath three degrees or stages ; that it it
CHARGE AGAINST ROBERT, EARL OF SOMER8ET.
murder ; that it is murder by impoisonment ; that
it is murder committed upon the king's prisoner
in the Tower: I might say, that it is murder
under the colour of friendship ; but this is a cir-
cumstance moral; I leave that to the evidence
itself.
For murder, my lords, the first record of justice
that was in the world, was a judgment upon a
murderer, in the person of Adam's first-born, Cain ;
and though it was not punished By death, but
with banishment and mark of ignominy, in respect
of the primogeniture, or population of the world,
or other points of God's secret decree, yet it was
judged, and was, as it is said, the first record of
justice. So it appeareth likewise in Scripture,
that the murder of Abner by Joab, though it were
by David respited in respect of great services
past, or reason of state, yet, it was not forgotten.
But of this 1 will say no more. It was ever
admitted, and ranked in God's own tables, that
murder is, of offences between man and man, next
unto treason and disobedience unto authority,
which some divines have referred to the first
table, because of the lieutenancy of God in
princes.
For impoisonment, I am sorry it should be
heard of in this kingdom : it is not " nostri generis
nee sanguinis :" it is an Italian crime, fit for the
court of Rome, where that person, which intoxi-
cate th the kings of the earth with his cup of
poison, is many times really and materially
intoxicated and impoisoned himself.
But it hath three circumstances, which make it
grievous beyond other murders : whereof the first
is, that it takes away a man in full peace, in
God's and the king's peace ; he thinketh no harm,
but is comforting of nature with refection and
food; so that, as the Scripture saith, "his table
is made a snare."
The second is, that it is easily committed, and
easily concealed ; and, on the other side, hardly
prevented, and hardly discovered : for murder by
violence, princes have guards, and private men
have houses, attendants, and arms : neither can
such murder be committed but "cum sonitu,"
and with some overt and apparent act that may
discover and trace the offender. But, as for poi-
son, the cup itself of princes will scarce serve, in
regard of many poisons that neither discolour nor
distaste.
And the last is, because it concerneth not only
the destruction of the maliced man, but of any
other; "Quis modo tutus eritl" for many times
the poison is prepared for one, and is taken by
another: so that men die other men's deaths;
"considit infelix alieno vulnere:" and it is, as
the psalm calleth it, " sagitta nocte volans ;" the
arrow that flieth by night, it hath no aim or cer-
tainty.
Now, for the third degree of this particular
offence, which is, that it was committed upon the
king's prisoner, who was out of his own defence,
and merely in the king's protection, and for whom
the king and state was a kind of respondent ; is a
thing that aggravates the fault much. For, cer-
tainly, my Lord of Somerset, let me tell you this,
that Sir Thomas Overbury is the first man that
was murdered in the Tower of London, since the
murder of the two young princes. Thus much
of the offence, now to the proof.
For the nature of the proofs, your lordships
must consider, that impoisonment of all offences
is the most secret ; so secret, as that if, in all
cases of impoisonment, you should require testi-
mony, you were as good proclaim impunity.
'Who could have impeached Livia, by testi-
mony, of the impoisoning figs upon the tree,
which her husband was wont to gather with his
own hands.
Who could have impeached Parisatis for the
poisoning of one side of the knife that she carved
with, and keeping the other side clean ; so that
herself did eat of the same piece of meat that the
lady did that she did impoison % The cases are
infinite, and need not to be spoken of, of the
secrecy of impoisonments ; but wise triers must
take upon them, in these secret cases, Solomon's
spirit, that, where there could be no witnesses,
collected the act by the affection.
But, yet, we are not to come to one case ; for
that which your lordships are to try, is not the
act of impoisonment, for that is done to your
hand ; all the world by law is concluded to say,
that Overbury was impoisoned by Weston.
But the question before you is of the procure-
ment only, and of the abetting, as the law termeth
it, as accessary before the fact : which abetting
is no more but to do or use any act or means,
which may aid or conduce unto the impoison-
ment.
So that it is not the buying or making of the
poison, or the preparing, or confecting, or com-
mixing of it, or the giving, or sending, or laying
the poison, that are the only acts that do amount
unto abetment. But, if there be any other act or
means done or used to give the opportunity of
impoisonment, or to facilitate the execution of it,
or to stop or divert any impediments that might
hinder it, and this be with an intention to accom-
plish and achieve the impoisonment; all these
are abetments, and accessaries before the fact. I
will put you a familiar example. Allow there be
a conspiracy to murder a man as he journeys by
the way, and it be one man's part to draw him
forth to that journey by invitation, or by colour
of some business ; and another takes upon him to
dissuade some friend of his, whom he had a par-
pose to take in his company, that he be not tso
strong to make his defence ; and another hath the
part to go along with him, and to hold him i*
CHARGE AGAINST ROBERT, EARL OF SOMERSET.
jm
talk till the first blow be given : all these, my
lords, without scruple, are abettors to this murder,
though none of them give the blow, nor assist to
give the blow.
My lords, he is not the hunter alone that lets
slip the dog upon the deer, but he that lodges the
deer, or raises him, or puts him out, or he that
sets a toil that he cannot escape, or the like.
But this, my lords, little needeth in this pre-
sent case, where there is such a chain of acts of
impoisonment as hath been seldom seen, and
could hardly have been expected, but that great-
ness of fortune maketh commonly grossness in
offending.
To descend to the proofs themselves, I shall
keep this course :
First, 1 will make a narrative or declaration of
the fact itself.
Secondly, I will break and distribute the proofs
as they concern the prisoner.
And, thirdly, according to that distribution, I
will produce them, and read them, or use them.
So that there is nothing that I shall say, but
your lordship, my Lord of Somerset, shall have
three thoughts or cogitations to answer it : First,
when I open it, you may take your aim. Secondly,
when I distribute it, you may prepare your
answers without confusion. And, lastly, when I
produce the witnesses or examinations them-
selves, you may again ruminate and re-advise
how to make your defence. And this I do the
rather, because your memory or understanding
may not be oppressed or overladen with the
length of evidence, or with confusion of order.
Nay, more, when your lordship shall make your
answers in your time, I will put you in mind,
when cause shall be, of your omissions.
First, therefore, for the simple narrative of the
fact. Sir Thomas Overbury for a time was known
to have had great interest and great friendship
with ray Lord of Somerset, both in his meaner
fortunes, and after; insomuch as he was a kind
of oracle of direction ur.to him ; and, if you will :
believe his own vaunts, being of an insolent
Thrasonical disposition, he took upon him, that
the fortune, reputation, and understanding of this i
gentleman, who is well known to have had a
better teacher, proceeded from his company and
counsel. j
And this friendship rested not only in conver- '
sation and business of court, but likewise in com- '
munication of secrets of estate. For my Lord of
Somerset, at that time exercising, by his ma-
jesty's special favour and trust, the office of the
secretary provisionally, did not forbear to acquaint
Overbury with the king's packets of despatches
from all parts, Spain, France, the Low Countries,
&c. And this not by glimpses, or now and then
rounding in the ear for a favour, but in a settled
manner: packets were sent, sometimes opened
by my lord, sometimes unbroken, unto Overbury,
who perused them, copied, registered them, made
tables of them as he thought good : so that, I
will undertake, the time was when Overbury
knew more of the secrets of state than the coun-
cil-table did. Nay, they were grown to such an
inwardness, as they made a play of all the world
besides themselves : so as they had ciphers and
jargons for the king, the queen, and all the great
men ; things seldom used, but either by princes
and their ambassadors and ministers, or by such
as work and practise against, or at least upon,
princes.
But, understand me, my lord, I shall not charge
you this day with any disloyalty ; only I say this
for a foundation, that there was a great communi-
cation of secrets between you and Overbury, and
that it had relation to matters of estate, and the
greatest causes of this kingdom.
But, my lords, as it is a principle in nature,
that the best things are in their corruption the
worst, and the sweetest wine makes the sharpest
vinegar; so fell it out with them, that this excess,
as I may term it, of friendship, ended in mortal
hatred on my Lord of Somerset's part.
For it fell out, some twelve months before
Overbury's imprisonment in the Tower, that my
Lord of Somerset was entered into an unlawful
love towards his unfortunate lady, then Countess
of Essex : which went so far, as it was then
secretly projected, chiefly between my Lord Privy
Seal and my Lord of Somerset, to effect a nullity
in the marriage with my Lord of Essex, and so to
proceed to a marriage with Somerset.
This marriage and purpose did Overbury
mainly oppugn, under pretence to do the true
part of a friend, for that he counted her an un-
worthy woman ; but the truth was, that Overbury,
who, to speak plainly, had little that was solid
for religion or moral virtue, but was a man
possessed with ambition and vainglory, was
loath to have any partners in the favour of my
Lord of Somerset, and especially not the house
of the Howards, against whom he had always
professed hatred and opposition ; so all was but
miserable bargains of ambition.
And, my lords, that this is no sinister construc-
tion, will well appear unto you, when you shall
hear that Overbury makes his brags to my Lord
of Somerset, that he had won him the love of the
lady by his letters and industry: so far was he
from cases of conscience in this matter. And,
certainly, my lords, howsoever the tragical misery
of that poor gentleman, Overbury, ought somewhat
to obliterate his faults; yet, because we are not
now upon point of civility, but to discover the
face of truth to the face of justice; and that it is
material to the true understanding of the state of
this cause; Overbury was naught and corrupt,
the ballads must be amended for that point.
But, to proceed ; when Overbury saw that he
was like to be dispossessed of my lord here, whom
834
CHARGE AGAINST ROBERT, EARL OF SOMEB8ET.
he had possessed so long, and by whose greatness
he had promised himself to do wonders; and
being a man of an unbounded and impetuous spirit,
he began not only to dissuade, but to deter him
from that love and marriage; and finding him
fixed, thought to try stronger remedies, suppos-
ing that he had my lord's head under his girdle,
in respect of communication of secrets of estate,
or, as he calls them himself in his letters, secrets
of all natures; and therefore dealt violently with
him, to make him desist, with menaces of dis-
covery of secrets, and the like.
Hereupon grew two streams of hatred upon
Overbury ; the one, from the lady, in respect that
he crossed her love, and abused her name, which
are furies to women ; the other, of a deeper and
more mineral nature, from my Lord of Somerset
himself; who was afraid of Overbury's nature,
and that, if he did break from him and fly out, he
would mine into him, and trouble his whole
fortunes.
I might add a third stream from the Earl of
Northampton's ambition, who desires to be first in
favour with my Lord of Somerset; and knowing
Overbury's malice to himself and his house,
thought that man must be removed and cut off.
So it was amongst them resolved and decreed that
Overbury must die.
Hereupon they had variety of devices. To
send him beyond sea, upon occasion of employ-
ment, that was too weak ; and they were so far
from giving way to it, as they crossed it. There
rested but two ways, quarrel or assault, and
poison. For that of assault, after some proposi-
tion and attempt, they passed from it ; it was a
thing too open, and subject to more variety of
chances. That of poison likewise was a hazard-
ous thing, and subject to many preventions and
cautions ; especially to such a jealous and work-
ing brain as Overbury had, except he were first
fast in their hands.
Therefore, the way was first to get him into a
trap, and lay him up, and then they could not
miss the mark. Therefore, in execution of this plot,
it was devised, that Overbury should be designed
to some honourable employment in foreign parts,
and should underhand by the Lord of Somerset
be encouraged to refuse it ; and so upon that con-
tempt he should be laid prisoner in the Tower,
and then they would look he should be close
enough, and death should be his bail. Yet were
they not at their end. For they considered that
if there was not a fit lieutenant of the Tower for
their purpose, and likewise a fit under-keeper of
Overbury; first, they should meet with many
impediments in the giving and exhibiting the
poison. Secondly, they should be exposed to
note and observation that might discover them.
And, thirdly, Overbury in the mean time might ;
write clamorous and furious letters to other his '
friend 8, and so all might be disappointed. And, !
therefore, the next link of the chain was to dis-
place the then lieutenant, YYaade, and to place
Helwisse, a principal abettor in the impoison-
ment : again, to displace Cary, that was the under-
keeper in Waade's time, and to place Weston, who
was the principal actor in the impoisonment : and
this was done in such a while, that it may appear
to be done, as it were, with one breath, as there
were but fifteen days between the commit-
ment of Overbury, the displacing of Waade, the
placing of Helwisse, the displacing of Cary, the
under-keeper, the placing of Weston, and the
first poison, given two days after.
Then, when they had this poor gentleman in the
Tower, close prisoner, where he could not escape
nor stir, where he could not feed but by their
hands, where he could not speak nor write but
through their trunks; then was the time to
execute the last act of this tragedy.
Then must Franklin be purveyor of the poi-
sons, and procure five, six, seven several potions,
to be sure to hit his complexion. Then must Mrs.
Turner be the say-mistress of the piosons, to
try upon poor beasts, what is present, and what
works at distance of time. Then must Weston
be the tormentor, and chase him with poison after
poison ; poison in salts, poison in meats, poison
in sweatmeats, poison in medicines and vomits,
until at last his body was almost come, by use
of poisons, to the state that Mithridates's body
was by the use of treacle and preservatives, that
the force of the poisons were blunted upon him :
Weston confessing, when he was chid for not
despatching him, that he had given him enough
to poison twenty men. Lastly, because all this
asked time, courses were taken by Somerset, both
to divert all means of Overbury's delivery, and to
entertain Overbury by continual letters, and partly
of hopes and projects for his delivery, and partly
of other fables and negotiation ; somewhat like
some kind of persons, which I will not name,
which keep men in talk of fortunctelling, when
they have a felonious meaning.
And this is the true narrative of this act of im-
poisonment, which I have summarily recited.
Now, for the distribution of the proofs, there
are four heads of proofs to prove you guilty, my
Lord of Somerset, of this impoisonment; where-
of two are precedent to the imprisonment, the
third is present, and the fourth is following or
subsequent. For it is in proofs as it is in lights,
there is a direct light, and there is a reflexion of
light, or back light.
The first head or proof thereof is, That there
was a root of bitterness, a mortal malice or hatred,
mixed with deep and bottomless fears, that you
had towards Sir Thomas Overbury.
The second is, That you were the principal
actor, and had your hands in all those acts,
which did conduce to the impoisonment, and
which gave opportunity and means to effect it ;
CHARGE AGAINST ROBERT, EARL OF SOMERSET.
825
and without which the impoisonment could never
have been, and which could serve or tend to no
other end but to the impoisonment.
The third is, That your hand was in the very
impoisonment itself, which is more than needs to
be proved ; that you did direct poison ; that you
did deliver poison; that you did continually
hearken to the success of the impoisonment ; and
that you spurred it on, and called for despatch
when you thought it lingered.
And, lastly, That you did all the things after
the impoisonment, which may detect a guilty
conscience, for the smothering of it, and avoid-
ing punishment for it : which can be but of three
kinds ; That you suppressed, as much as in you
was, testimony: That you did deface, and de-
stroy, and clip, and misdate all writings that
might give light to the impoisonment ; and that
you did fly to the altar of guiltiness, which is a
pardon, and a pardon of murder, and a pardon for
yourself, and not for your lady.
In this, my lord, I convert my speech to you,
because I would have you attend the points of
your charge, and so of your defence the better.
And two of these heads I have taken to myself,
and left the other two to the king's two Serjeants.
For the first main part, which is the mortal
hatred, coupled with fear, that was in my Lord of
Somerset towards Overbury, although he did
palliate it with a great deal of hypocrisy and dis-
simulation, even to the end ; I shall prove it, my
lord steward, and you, my lords and peers,
manifestly, by matter both of oath and writing.
The root of this hatred was that that hath cost
many a man's life, that is, fear of discovering
secrets : secrets, I say, of a high and dangerous
nature: Wherein the course that I will hold,
shall be this :
First, I will show that such a breach and
malice was between my lord and Overbury, and
that it burst forth into violent menaces and threats
on both sides.
Secondly, That these secrets were not light,
but of a high nature; for I will give you the ele-
vation of the pole. They were such as my
Lord of Somerset for his part had made a vow,
that Overbury should neither live in court nor
country. That he had likewise opened himself
and his own fears so far, that if Overbury ever
came forth of the Tower, either Overbury or him-
self must die for it. And of Overbury' a part, he
had threatened my lord, that whether he did live
or die, my lord's shame should never die, but he
would leave him the most odious man of the
world. And, farther, that my lord was like enough
to repent it, in the place where Overbury wrote,
which was the Tower of London. He was a
true prophet in that : so here is the height of the
secrets.
Thirdly, I will show you, that all the king's
business was by my lord put into Overbury's
hands ; so as there is work enough for secrets,
whatsoever they were : and, like princes' confe-
derates, they had their ciphers and jargons.
And, lastly, I will show you that it is but a toy
to say that the malice was only in respect he
spake dishonourably of the lady ; or for doubt of
breaking the marriage : for that Overbury was a
coadjutor to that love, and the Lord of Somerset
was as deep in speaking ill of the lady as Over-
bury. And, again, it was too late for that matter,
for the bargain of the match was then made and
past. And if it had been no more but to remove
Overbury from disturbing of the match, it had
been an easy matter to have banded over Over-
bury beyond seas, for which they had a fair way;
but that would not serve their turn.
And, lastly, " periculum periculo vincitur," to
go so far as an impoisonment, must have a deeper
malice than flashes : for the cause must bear a
proportion to the effect.
For the next general head of proofs, which con-
sists in acts preparatory to the middle acts, they
are in eight several points of the compass, as I
may term it.
First, That there were devices and projects to
despatch Overbury, or to overthrow him, plotted
between the Countess of Somerset, the Earl of
Somerset, and the Earl of Northampton, before
they fell upon the impoisonment : for always be-
fore men fix upon a course of mischief, there be
some rejections : but die he must, one way or
other.
Secondly, That my Lord of Somerset was a
principal practiser, I must speak it, in a most per-
fidious manner, to set a train or trap for Overbury,
to get him into the Tower; without which they
never durst have attempted the impoisonment.
Thirdly, That the placing of the lieutenant
Helwisse, one of the impoisoners, and the dis-
placing of Waade, was by the means of my
Lord of Somerset.
Fourthly, That the placing of Weston, the un-
der-keeper, who was the principal im poisoner, and
the displacing of Cary, and the doing of all this
within fifteen days after Overbury's commitment,
was by the means and countenance of my Lord of
Somerset. And these two were the active instru-
ments of the impoisonment: and this was a busi-
ness that the lady's power could not reach unto.
Fifthly, That, because there must be a time for
the tragedy to be acted, and chiefly because they
would not have the poisons work upon the sudden :
and for that the strength of Overbury's nature,
or the very custom of receiving poison into his
body, did overcome the poisons, that they wrought
not so fast; therefore Overbury must be held in
the Tower. And as my Lord of Somerset got
him into the trap, so he kept him in, and abused
him with continual hopes of liberty ; and diverted
all the true and effectual means of his liberty, and
made light of his sickness and extremities.
2E
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.
Sixthly, That not only the plot of getting Over-
bury into the Tower, and the devices to hold him
and keep him there ; but the strange manner of
his close keeping, being in but for a contempt,
was by the device and means of my Lord of
Somerset, who denied his father to sec him,
denied his servants that offered to be shut up close
prisoners with him ; and in effect handled it so,
that he was close prisoner to all his friends, and
open and exposed to all his enemies.
Seventhly, That the advertisements which my
lady received from time to time from the lieu-
tenant or Weston, touching Overbury's state of
body or health, were ever sent up to the court,
though it were in progress, and that from my
lady : such a thirst and listening this lord had to
hear that he was despatched.
Lastly, There was a continual negotiation to
set Overbury's head on work, that he should make
some recognition to clear the honour of the lady ;
and that he should become a good instrument to-
wards her and her friends : all which was but en-
tertainment ; for your lordships shall plainly see
divers of my Lord of Northampton's letters,
whose hand was deep in this business, written, I
must say it, in dark words and clauses ; that there
was one thing pretended and another intended ;
that there was a real charge, and there was some-
what not real ; a main drift, and a dissimulation.
Nay, farther, there be some passages which the
peers in their wisdom will discern to point directly
at the impoisonment.
[After this inducement followed the evidence
itself.]
TO HIS MAJESTY, ABOUT THE EARL OF
SOMERSET.
It mat please your most excellent majesty,
At my last access to your majesty, it was fit
for me to consider the time and your journey,
which maketh me now trouble your majesty with
a remnant of that I thought then to have said :
besides your old warrant and commission to me,
to advertise your majesty when you are "aux
champs,1' of any thing that concerned your
service, and my place. I know your majesty is
" nunquam minus solus, quam cum solus ;" and
I confess, in regard of your great judgment, under
which nothing ought to be presented but well
weighed, I could almost wish that the manner of
Tiberius were in use again, of whom Tacitus
saith, "Mos erat quamvis praesentem scripto
adire ;'* much more in absence. I said to your
majesty that which I do now repeat, that the
evidence upon which my Lord of Somerset
stand eth indicted, is of a good strong thread,
considering impoisoning is the darkest of offences ;
but that the thread must be well spun and j
woven together ; for, your majesty knoweth, it is J
one thing to deal with a jury of Middlesex and
Londoners, and another to deal with the pern;
whose objects, perhaps, will not be so mack
what is before them in the present case, which I
think is as odious to them as to the vulgar, bat
what may be hereafter. Besides, there be two
disadvantages, we that shall give in evidence
shall meet with, somewhat considerable ; the one,
that the same things often opened, lose then
freshness, except there be an aspersion of some
what that is new ; the other is, the expectation
raised, which makes things seem less than they
are, because they are less than opinion. There
fore, I were not your attorney, nor myself, if 1
should not be very careful, that in this last part,
which is the pinnacle of your former justice, all
things may pass "sine offend iculo, sine sera
pulo." Hereupon I did move two things, which,
having now more fully explained myself, I do, in
all humbleness, renew. First, that your majesty
will be careful to choose a steward of judgment,
that may be able to moderate the evidence, and
cut off digressions; for I may interrupt, but I
cannot silence: the other, that there may be
special care taken for the ordering the evidence,
not only for the knitting, but for the list, and, to
use your majesty's own words, the confining of
it. This to do, if your majesty vouchsafe to
direct it yourself, that is the best; if not, I
humbly pray you to require my lord chancellor,
that he, together with my lord chief justice, will
confer with myself, and my fellows, that shall be
used for the marshalling and bounding of the
evidence, that we may have the help of his
opinion, as well as that of my lord chief justice;
whose great travels, as I much commend, yet
that same " plerophoria," or over-confidence1, doth
always subject things to a great deal of chance.
There is another business proper for me to
crave of your majesty at this time, as one that
have, in my eye, a great deal of service to be
done concerning your casual revenue; but con-
sidering times and persons, I desire to be
strengthened by some such form of command*
raent under your royal hand, as I send you here
enclosed. I most humbly pray your majesty to
think, 1 understand myself right well in this
which I desire, and that it tendeth greatly to the
good of your service. The warrant I mean not
to impart, but upon just occasion ; thus, thirsty to
hear of your majesty's good health, I rest ■
23 Jan. 1615.
TO SIR GEORGE VILLIERS, ABOUT THE EARL
OF SOMERSET.
Sir,
I thought it convenient to give his majesty an
account of that which his majesty gave me in
charge in general, reserving the particulars for
his coming; and 1 find it necessary to know his
pleasure in some things ere I could farther
proceed.
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.
837
My lord chancellor and myself spent Thursday
and yesterday, the whole forenoons of both days,
in the examination of Sir Robert Cotton ; whom
we And hitherto but empty, save only in the
great point of the treaty with Spain.
This examination was taken before his ma-
jesty's warrant came to Mr. Vice-Chamberlain,
for communicating unto us the secrets of the
pensions; which warrant I received yesterday
morning, being Friday, and a meeting was ap-
pointed at my lord chancellor's in the evening,
after council; upon which conference we find
matter of farther examination for Sir Robert Cot-
ton, of some new articles whereupon to examine
Somerset, and of entering into examination of Sir
William Mounson.
Wherefore, first for Somerset, being now ready
to proceed to examine him, we stay only upon
the Duke of Lenox, who it seemeth is fallen sick :
and keepeth in ; without whom, we neither think
it warranted by his majesty's direction, nor
agreeable to his intention, that we should pro-
ceed ; for that will want, which should sweeten
the cup of medicine, he being his countryman and
friend. Herein, then, we humbly crave his ma-
jesty's direction with all convenient speed,
whether we shall expect the duke's recovery, or
proceed by ourselves; or that his majesty will
think of some other person, qualified, according to
his majesty's just intention, to be joined with us.
I remember we had speech with his majesty of
my Lord Hay ; and I, for my part, can think of no
other, except it should be my Lord Chancellor of
Scotland, for my Lord Binning may be thought
too near allied.
I am farther to know his majesty's pleasure
concerning the day ; for my lord chancellor and I
conceived his majesty to have designed the Mon-
day and Tuesday after St. George's feast; and,
nevertheless, we conceived also, that his majesty
understood that the examinations of Somerset
about this, and otherwise touching the Spanish
practices, should first be put to a point ; which
will not be possible, as time cometh on, by reason
of this accident of the duke's sickness, and the
cause we find of Sir William Mounson's exami-
nation, and that divers of the peers are to be sent
for from remote places.
It may please his majesty, therefore, to take
into consideration, whether the days may not
well be put off till Wednesday and Thursday
after the term, which endeth on the Monday,
being the Wednesday and Thursday before
Whitsuntide; or, if that please not his majesty,
in respect, it may be, his majesty will be then in
town, whereas these arraignments have been still
in his majesty's absence from town, then to take
Monday and Tuesday after Trinity Sunday,
being the Monday and Tuesday before Trinity
term.
Now, for Sir William Mounson, if it be his
majesty's pleasure that my lord chancellor and I
shall proceed to the examination of him, for that
of the Duke of Lenox differs, in that there is not
the like cause as in that of Somerset, then his
majesty may be pleased to direct his command-
ment and warrant to my lord chief justice, to
deliver unto me the examination he took of Sir
William Mounson, that those, joined to the
information which we have received from Mr.
Vice-Chamberlain, may be full instructions unto
us for his examination. Farther, I pray let his
majesty know, that on Thursday in the evening,
my lord chief justice and myself attended my
lord chancellor at his house, for the settling that
scruple which his majesty most justly conceived
in the examination of the Lady Somerset; at
which time, resting on his majesty's opinion, that
that evidence, as it standeth now uncleared, must,
" secundum leges sans conscientia?" be laid
aside; the question was, whether we should
leave it out, or try what a re-examination of my
Lady Somerset would produce ? WThereupon we
agreed upon a re-examination of my Lady Somer-
set, which my lord chief justice and I have
appointed for Monday morning. I was bold at
that meeting to put my lord chief justice a posing
question; which was, Whether that opinion
which his brethren had given upon the whole evi-
dence, and he had reported to his majesty, namely,
that it was good evidence, in their opinions, to
convict my Lord of Somerset, was not grounded
upon this part of the evidence now to be omitted,
as well as upon the rest : who answered posi-
tively, No ; and they never saw the exposition of
the letter, but the letter only.
The same Thursday evening, before we entered
into this last matter, and in the presence of Mr.
Secretary WTinwood, who left us when we went
to the former business, we had conference con-
cerning the frauds and abusive grants passed to
the prejudice of his majesty's state of revenue;
where my lord chief justice made some relation
of his collections which he had made of that
kind; of which I will only say this, that I heard
nothing that was new to me, and I found my lord
chancellor, in divers particulars, more ready than
I had found him. We grew to a distribution both
of times and of matters, for we agreed what to
begin with presently, and what should follow,
and also we had consideration what was to be
hoi pen by law, what by equity, and what by par-
liament; wherein I must confess, that in the last
of these, of which my lord chief justice made
most account, I make most doubt. But the con-
clusion was, that, upon this entrance, I should
advise and confer at large with my lord chief
justice, and set things in work. The particulars
I refer till his majesty's coming.
The learned counsel have now attended me
twice at my chamber, to confer upon that which
his majesty gave us in commandment for onr opi-
»*8
LETTERS CONCERNING ROBERT, EARL OF SOMERSET4.
nion upon the case set down by my lord chan-
cellor, whether the statutes extend to it or no ;
wherein we are more and more edified and con-
firmed that they do not, and shall shortly send
our report to his majesty.
Sir, I hope you will bear me witness I have'
not been idle ; but all is nothing1 to the duty I
owe his majesty for his singular favours past and
present; supplying all with love and prayers, I
rest,
Your true friend and devoted servant,
Fr. Bacon.
April 13, 1616.
TO SIR GEORGE VILLIERS, ABOUT THE EARL
OF SOMEUSET.
Sir,
I received from you a letter of very brief and
clear directions ; and I think it a great blessing
of God upon me and my labours, that my direc-
tions coine by so clear a conduit, as they receive
no tincture in the passage.
Yesterday my lord chancellor, the Duke of
Lenox, and myself, spent the whole afternoon at
the Tower, in the examination of Somerset, upon
the articles sent from his majesty, and some other
additional, which were in effect contained in the
former, but extended to more particularity, by
occasion of somewhat discovered by Cotton's ex-
amination, and Mr. Vice-Chamberlain's informa-
tion.
He is full of protestations, and would fain
keep that quarter toward Spain clear; using but
this for argument, that he had such fortunes from
his majesty, as he could not think of bettering
his conditions from Spain, because, as he said, he
was no military man. He cometh nothing so far
on, for that which concerneth the treaty, as Cotton,
which doth much aggravate suspicion against
him ; the farther particulars I reserve to his ma-
jesty's coming.
In the end, " tanquam obiter," but very effect-
ually, my lord chancellor put him in mind of the
state he stood in for the impoisonment ; but he
was little moved with it, and pretended careless-
ness of life, since ignominy had made him unfit
for his majesty's service. I am of opinion that
the fair usage of him, as it was fit for the Spanish
examinations, and for the questions touching the
papers and despatches, and all that, so it was no
good preparative to make him descend into him-
self touching his present danger : and, therefore,
my lord chancellor and myself thought not good
to insist upon it at this time.
I have received from my lord chief justice the i
examination of Sir William Mounson; with whom
we mean to proceed to farther examination with
all speed.
My lord chief justice is altered touching the re-
examination of the lady, and desired me that we
might stay till he spake with his majesty, saying
it could be no casting back to the business; which
I did approve.
Myself, with the rest of my fellows, upon doe
and mature advice, perfected our report touching
the chancery ; for the receiving whereof, I pny
you put his majesty in mind at his coming, to
appoint some time for us to wait upon him
altogether, for the delivery in of the same, as we
did in our former certificate.
For the revenue matters, 1 reserve them to hit
majesty's coming; and in the mean time 1 doubt
not but Mr. Secretary Win wood will make some
kind of report thereof to his majesty.
For the conclusion of your letter concerning my
own comfort, 1 can but say the psalm of " Quid
retribuam 1" God, that giveth me favour in his
majesty 's eyes, will strengthen me in his majesty's
service. I ever rest
Your true and devoted servant,
Fr. Bacon.
April 18, 1616.
To requite your postscript of excuse for scrib-
bling, I pray you excuse that the paper is not gilt,
I writing from Westminster-Hall, where we are
not so fine.
A LETTER TO THE KING.WITH HIS MAJESTY'S
OBSERVATIONS UPON IT.
It MAY PLBA8B YOUR MOOT EXCELLENT MAJESTY,
Your majesty hath put me upon a work of pro-
vidence in this great cause, which is to break and
distinguish future events into present cases; and
so to present them to your royal judgment, that, in
this action, which hath been carried with so great
prudence, justice, and clemency , there may be, for
that which remaineth, as little surprise as is
possible ; but that things duly foreseen may have
their remedies and directions in readiness ; where-
in I cannot forget what the poet Martial saitfa;
44 O quantum est subitis castbus ingenium?"
signifying, that accident is many times more subtle
than foresight, and overreacheth expectation ; and,
besides, I know very well the meanness of my
own judgment, in comprehending or forecasting
what may follow.
It was your majesty's pleasure also, that I should
couple the suppositions with my opinion in every
of them, which is a harder task ; but yet yoor
majesty's commandment requireth my obedience,
and your trust giveth inc assurance.
I will put the case, which I wish ; that Somerset
should make a clear confession of his offences,
before he be produced to trial.
In this case it seemeth your majesty will have
a new consult; the points whereof will be, 1.
Whether your majesty will stay the trial, and so
save them both from the stage, and that public
ignominy. 2. Or whether you will, or may fitly,
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.
kj law, have the trial proceed, and stay or reprieve
the judgment, which saveth the lands from for-
feiture, and the blood from corruption. 3. Or
whether you will have both trial and judgment
proceed, and save the blood only, not from cor-
rupting, but from spilling.
These be the depths of your majesty's mercy,
which I may not enter into : but for honour and
reputation, they have these grounds :
That the blood of Overbury is already revenged
by divers executions.
That confession and penitency are the footstools
of mercy ; adding this circumstance likewise, that
the former offenders did none of them make a clear
confession.
That the great downfall of so great persons
carrieth in itself a heavy judgment, and a kind
of civil death, although their lives should not be
taken.
All which may satisfy honour for sparing their
lives. But if your majesty's mercy should extend
to the first decree, which is the highest, of sparing
the stage and the trial ; then three things are to be
considered :
First, That they make such a submission or de-
precation, us they prostrate themselves, and all
that they have, at your majesty's feet, imploring
your mercy.
Secondly, That your majesty, in your own wis-
dom, do advise what course you will take, for the
utter extinguishing of all hopes of resuscitating
of their fortunes and favour; whereof if there
should bn the least conceit, it will leave in men a
great deal of envy and discontent.
And, lastly; Whether your majesty will not
suffer it to be thought abroad, that there is cause
of farther examination of Somerset, concerning
matters of estate, after he shall begin once to be
a confessant, and so make as well a politic
ground, as a ground of clemency, for farther stay.
And for the second degree, of proceeding to trial,
and staying judgment, I must better inform my-
self by precedents, and advise with my lord chan-
cellor.
The second case is, if that fall out which is
ltkest, as things stand, and which we expect,
which is, that the lady confess ; and that Somer-
set himself plead not guilty, and be found guilty :
In this casp, first, I suppose your majesty will
not think of any stay of judgment, but that the
public process of justice pass on.
Secondly, For your mercy to be extended to both
for pardon of their execution, I have partly touched
in the considerations applied to the former case ;
whereunto may be added, that as there is ground
of mercy for her, upon her penitency and free con-
fession, and will be much more upon his finding
guilty; because the malice on his part will be
thought the deeper source of the offence: so there
will be ground for mercy on his part, upon the
na'ure of the proof; and because it rests chiefly
Vol. II
upon presumptions. For certainly there may be an
evidence so balanced, as it may have sufficient
matter for the conscience of the peers to convict
him, and yet leave sufficient matter in the con-
science of a king upon the same evidence to par-
don his life ; because the peers are astringed by
necessity either to acquit or condemn ; but grace is
free : and, for my part, I think the evidence in this
present case will be of such a nature.
Thirdly, It shall be my care so to moderate the
manner of charging him, as it might make him not
odious beyond the extent of mercy.
Lastly, All these points of mercy and favour are
to be understood with this limitation, if he do not,
by his contemptuous and insolent carriage at tho
bar, make himself incapable and unworthy of
them.
The third case is, if he should stand mute and
will not plead, whereof, your majesty knoweth,
there hath been some secret question.
In this case I should think fit, that, as in public,
both myself, and chiefly my lord chancellor,
sitting then as Lord Steward of England, should
dehort and deter him from that desperation ; so,
nevertheless, that as much should be done for him,
as was done for Weston ; which was to adjourn
the court for some days, upon a Christian ground,
that he may have time to turn from that mind of
destroying himself; during which time your
majesty's farther pleasure may be known.
The fourth case is that which I should be very
sorry it should happen, but it is a future contingent ;
that is, if the peers should acquit him, and find
him not guilty.
In this case the lord steward must be provided
what to do. For, as it hath been never seen, as I
conceive it, that there should be any rejecting of
the verdict, or any respiting of the judgment of the
acquittal ; so, on the other side, this case requireth,
that because there be many high and heinous
offences, though not capital, for which he may
be questioned in the Star Chamber, or otherwise,
that there be some touch of that in general at the
conclusion, by my Lord Steward of England;
and that, therefore, he be remanded to the Tower
as close prisoner.
For the matter of examination, or other proceed-
ings, my lord chancellor with my advice hath set
down,
To-morrow, being Monday, for the re-examina-
tion of the lady :
Wednesday next, for the meeting of the judges
concerning the evidence :
Thursday, for the examination of Somerset
himself, according to your majesty's instructions :
Which three parts, when they shall be per-
formed, I will give your majesty advertisement
with speed, and in the mean time be glad to
receive from your majesty, whom it is my part to
inform truly, such directions or significations
of your pleasure as this advertisement may induce,
9iS
330
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.
and that with speed, because the time cometh on.
Well remembering who is the person whom your
majesty admitted to this secret, I have sent this
letter open unto him, that he may take your
majesty's times to report it, or show it unto you ;
assuring myself that nothing is more firm than
his trust, tied to your majesty's commandments.
Your majesty's most humble
and most bounden subject and servant,
Fr. Bacon.
April 28, 1616.
TO SIR GEORGE VILLIERS, ABOUT THE EARL
OF SOMERSET.
Sir,
I have received my letter from his majesty, with
his marginal notes, which shall be my directions,
being glad to perceive I understand his majesty
so well. That same little charm, which may be
secretly infused into Somerset's ear some few
hours before his trial, was excellently well
thought of by his majesty ; and I do approve it
both for matter and time ; only, if it seem good to
his majesty, I would wish it a little enlarged :
for if it be no more than to spare his blood, he
hath a kind of proud humour which may over-
work the medicine. Therefore I could wish it
were made a little stronger, by giving him some
hopes that his majesty will be good to his lady
and child; and that time, when justice and his
majesty's honour is once saved and satisfied, may
produce farther fruit of his majesty's compassion:
which was to be seen in the example of South-
ampton, whom his majesty after attainder restored :
and Cobham and Gray, to whom his majesty, not-
withstanding they were offenders against his own
person, yet he spared their lives ; and for Gray,
his majesty gave him back some part of his estate,
and was upon point to deliver him much more.
He having been so highly in his majesty's favour,
may hope well, if he hurt not himself by his
public misdemeanor.
For the person that should deliver this message,
1 am not so well seen in the region of his friends,
as to be able to make choice of a particular ; my
lord treasurer, the Lord Knollys, or any of his
nearest friends should not be trusted with it, for
they may go too far, and perhaps work contrary to
his majesty's ends. Those which occur to me
are my Lord Hay, my Lord Burleigh, of Eng-
land, I mean, and Sir Robert Carre.
My Lady Somerset hath been re-examined, and
his majesty is found both a true prophet and a
most just king in that scruple he made; for now
she expoundeth the word He, that should send
the tarts to Elwys's wife, to be of Overbury, and
not of Somerset ; but for the person that should
bid her, she said it was Northampton or Weston,
not pitching upon certainty, which giveth some
advantage to the evidence.
Yesterday being Wednesday, I spent four or
five hours with the judges whom his majesty
designed to take consideration with, the four
judges of the king's bench, of the evidence
against Somerset : they all concur in opinion, that
the questioning and drawing him on to trial is
most honourable and just, and that the evidence is
fair and good.
His majesty's letter to the judges concerning
the " Commendams" was full of magnanimity and
wisdom. I perceive his majesty is never less
alone, Chan when he is alone; for I am sore there
was nobody by him to inform him, which made
me admire it the more.
The judges have given a day over, till the
second Saturday of the next term; so as that
matter may endure farther consideration, for his
majesty not only not to lose ground, but to win
ground.
To-morrow is appointed for the examination of
Somerset, which, by some infirmity of the Duke
of Lenox, was put off from this day. When this
is done, I will write more fully, ever resting
Your true and devoted servant,
Fr. Bacon.
May 2, 1616.
TO SIR GEORGE VILLIERS, OF SOMERSET*
ARRAIGNMENT.
Sir,
I am far enough from opinion, that the redinte-
gration or resuscitation of Somerset's fortune can
ever stand with his majesty's honour and safety;
and therein I think I expressed myself fully to
his majesty in one of my former letters ; and I
know well any expectation or thought abroad
will do much hurt. But yet the glimmering of
that which the king hath done to others, by way
of talk to him, cannot hurt, as I conceive ; but I
would not have that part of the message as from
the king, but added by the messenger as from
himself. This I remit to his majesty's princely
judgment.
For the person, though he trust the lieutenant
well, yet it must be some new man : for, in these
cases, that which is ordinary worketh not so
great impressions as that which is new and
extraordinary.
The time I wish to be the Tuesday, being the
even of his lady's arraignment; for, as his ma-
jesty first conceived, I would not have it stay in
his stomach too long, lest it soar in the diges-
tion ; and to be too near the time, may be thought
but to tune him for that day.
I send here withal the substance of that which
I purpose to say nakedly, and only in that part
which is of tenderness ; for that 1 conceive was
his majesty's meaning.
It will be necessary, because 1 have distributed
parts to the two Serjeants, as that paper doth
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.
m
express, and they understand nothing of his
Ettjesty's pleasure of the manner of carrying the
evidence, more than they may guess by observa-
tion of my example, which they may ascribe as
much to my nature, as to direction; therefore,
that his majesty would be pleased to write some
few words to us all, signed with his own hand,
that, the matter itself being tragical enough,
bitterness and insulting be forborne ; and. that we
remember our part to be to make him delinquent
to the peers, and not odious to the people. That
part of the evidence of the lady's exposition of
the pronoun, He, which was first caught hold of
by me, and afterwards by his majesty's singular
wisdom and conscience excepted to, and now is
by her re-examination retracted, I have given
order to Serjeant Montague, within whose part it
falleth, to leave it out of the evidence. I do yet
crave pardon, if I do not certify touching the
point of law for respiting the judgment, for I have
not fully advised with my lord chancellor con-
cerning it, but I will advertise it in time.
I send his majesty the lord steward's commis-
sion in two several instruments, the one to remain
with my lord chancellor, which is that which is
written in secretary-hand for his warrant, and is
to pass the signet ; the other, that whereunto the
great seal is to be affixed, which is in chancery-
hand : his majesty is to sign them both, and to
transmit the former to the signet, if the secreta-
ries either of them be there ; and both of them are
to be returned to me with all speed. I ever rest
Your true and devoted servant,
May 5, 1516. Fa. BACON.
TO THE KING, ABOUT SOMERSET'S EXAMI-
NATION.
It mat please your majesty,
We have done our best endeavours to perform
your majesty's commission, both in matter and
manner, for the examination of my Lord of So-
merset ; wherein that which passed, for the gene-
ral, was to this effect; That he was to know his
own case, for that his day of trial could not be
far off; but that this day's work was that which
would conduce to your majesty's justice little or
nothing, but to your mercy much, if he did lay
hold upon it; and therefore might do him good,
but could do him no hurt. For, as for your
justice, there had been taken great and grave
opinion, not only of such judges as he may think
violent, but of the most sad and most temperate
of the kingdom, who ought to understand the
state of the proofs, that the evidence was full to
convict him, so as there needeth neither confes-
sion, nor supply of examination. But for your
majesty's mercy, although he were not to expect
we should make any promise, we did assure him,
that your majesty was compassionate of him if he
gave you some ground whereon to work ; that, as
long as he stood upon his innocency and trial*
your majesty was tied in honour to proceed ac-
cording to justice ; and, that he little understood,
being a close prisoner, how much the expectation
of the world, besides your love to justice itself,
engaged your majesty, whatsoever your inclina-
tions were : but, nevertheless, that a frank and
clear confession might open the gate of mercy,
and help to satisfy the point of honour.
That his lady, as he knew, and that after many
oaths and imprecations to the contrary, had never-
theless, in the end, being touched with remorse,
confessed ; that she that led him to offend, might
lead him likewise to repent of his offence : that
the confession of one of them could not fitly do
either of them much good, but the confession of
both of them might work some farther effect
towards both : and, therefore, in conclusion, we
wished him not to shut the gate of your majesty's
mercy against himself, by being obdurate any
longer. This was the effect of that which was
spoken, part by one of us, part by another, as it
fell out; adding farther, that he might well
discern who spake in us in the course we held ;
for that commissioners for examination might not
presume so far of themselves.
Not to trouble your majesty with circumstances
of his answers, the sequel was no other, but that
we found him still not to come any degree farther
on to confess ; only his behaviour was very sober,
and modest, and mild, differing apparently from
other times, but yet, as it seemed, resolved to
have his trial.
Then did we proceed to examine him upon
divers questions touching the impoisonment,
which indeed were very material and supple-
mental to the former evidence; wherein either
his affirmatives gave some light, or his negatives
do greatly falsify him in that which is apparently
proved.
We made this farther observation ; that when
we asked him some question that did touch the
prince or some foreign practice, which we did
very sparingly at this time, yet he grew a little
stirred ; but in the questions of the impoisonment
very cold and modest. Thus, not thinking it
necessary to trouble your majesty with any
farther particulars, we end with prayer to God
ever to preserve your majesty.
Your majesty's most loyal and faithful servant,
Fr. Bacon.
Postscript. If it seem good unto your majesty,
we think it not amiss some preacher, well chosen,
had access to my Lord of Somerset for his prepar-
ing and comfort, although it be before his trial.
TO SIR GEORGE VILLIERS.
Sir,
I send you enclosed a warrant for my Lady of
Somerset's pardon, reformed in that main and
882
LETTERS CONCERNING ROBERT, EARL OP SOMERSET.
material 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 despatched, 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 intelligence, which he purposeth to hold
with me by advertisements from time to time,
shall work a good effect for his majesty's service.
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 parliament of Ireland, I was no unfortunate
remembrancer to his majesty's princely wisdom
in that business. God ever keep you and pros-
per you.
Your true and most devoted and
bounden servant,
Fa. Bacon.
PAPERS
RELATING TO
THE EARL OF ESSEX.
THE APOLOGY
OF
SIR FRANCIS BACON,
IN CSBTAIM
IMPUTATIONS CONCERNING THE LATE EARL OP ESSEX.
TO TBI *IOHT ROMOVBABLI HIS TKBT GOOD LOBD,
THE EARL OF DEVONSHIRE, LORD LIEUTENANT OF IRELAND.
It may please your good lordship, I cannot be
ignorant, and ought to be sensible of the wrong
which I sustain in common speech, as if I had
been false or unthankful to that noble, but unfor-
tunate earl, the Earl of Essex : and for satisfying
the vulgar sort, I do not so much regard it ; though
I lore a good name, but yet as a handmaid and
attendant of honesty and virtue. For I am of his
opinion that said pleasantly, "That it was a
shame to him that was a suitor to the mistress, to
make love to the waiting-woman ;" and, therefore,
to woo or court common fame, otherwise than it
followeth on honest courses, I, for my part, find
not myself fit or disposed. But, on the other aide,
there is no worldly thing that concerneth myself,
which I hold more dear, than the good opinion
of certain persons ; among which, there is none
I would more willingly give satisfaction unto,
than to your lordship. First, because you loved
my Lord of Essex, and, therefore, will not be
partial towards me, which is part of that I desire :
next, because it hath ever pleased you to show
yourself to me an honourable friend, and so no
baseness in me to seek to satisfy you: and,
lastly, because I know your lordship is excellently
grounded in the true rules and habits of duties
and moralities, which must be they which shall
decide this matter; wherein, my lord, my defence
needeth to be but simple and brief; namely, that
whatsoever I did concerning that action and pro-
ceeding, was done in my duty and service to the
queen and the state ; in which I would not show
myself false-hearted, nor faint-hearted, for any
man's sake living. For every honest man that
hath his heart well planted, will forsake his king,
rather than forsake God, and forsake his friend,
rather than forsake his king ; and, yet, will forsake
any earthly commodity, yea, and his own life, in
some cases, rather than forsake his friend. I
hope the world hath not forgotten these degrees,
else the heathen saying, " Amicus usque ad aras,"
shall judge them.
And if any man shall say, I did officiously
intrude myself into that business, because I had
no ordinary place; the like may be said of all the
business, in effect, that passed the hands of the
learned counsel, either of state or revenues, these
many years, wherein I was continually used.
For, as your lordship may remember, the queen
knew her strength so well, as she looked her
word should be a warrant; and, after the manner
of the choicest princes before her, did not always
tie her trust to place, but did sometime divide
private favour from office. And I, for my part,
though I was not so unseen in the world, but I
knew the condition was subject to envy and peril ;
yet, because I knew again she was constant in
her favours, and made an end where she began ;
and, especially, because she upheld me with
extraordinary access, and other demonstrations
383
384
APOLOGY CONCERNING THE EARL OF ESSEX.
of confidence and grace, I resolved to endure it
in expectation of better. But my scope and
desire is, that your lordship would be pleased to
have the honourable patience to know the truth,
in some particularity, of all that passed in this
cause, wherein I had any part; that you may
perceive how honest a heart I ever bare to my
sovereign, and to my country, and to that noble-
man, who had so well deserved of me, and so
well accepted of my deservings, whose fortune
I cannot remember, without much grief. But, for
any action of mine towards him, there is nothing
that passed me in my lifetime, that cometh to my
remembrance with more clearness, and less check
of conscience : for it will appear to your lordship,
that I was not only not opposite to my Lord of
Essex, but that I did occupy the utmost of my
wits, and adventure my fortune with the queen,
to have reintegrated his, and so continued faith-
fully and industriously, till his last fatal impa-
tience, for so I will call it, after which day there
was not time to work for him ; though the same,
my affection, when it could not work on the
subject proper, went to the next, with no ill effect
towards some others, who, I think, do rather not
know it, than not acknowledge it. And this I
will assure your lordship, I will leave nothing
untold, that is truth, for any enemy that I have
to add; and, on the other side, I must reserve
mucli which makes for me, in many respects of
duty, which I esteem above my credit: and
what I have here set down to your lordship, I
protest, as I hope to have any part in God's
favour, is true.
It is well known, how I did many years since
dedicate my travels and studies to the use, and,
as I may term it, service of my Lord of Essex,
which, I protest before God, I did not, making
election of him as the likeliest mean of mine own
advancement, but out of the humour of a man,
that ever from the time I had any use of reason,
whether it were reading upon good books, or
upon the example of a good father, or by nature,
I loved my country more than was answerable to
my fortune ; and I held at that time my lord to be
the fittest instrument to do good to the state, and
therefore I applied myself to him in a manner
which I think happeneth rarely among men: for
I did not only labour carefully and industriously
in that he set me about, whether it were matter
of advice or otherwise, but, neglecting the queen's
service, mine own fortune, and in a sort my voca-
tion, I did nothing but advise and ruminate with
myself, to the best of my understanding, propo-
sitions and memorials of any thing that might
concern his lordship's honour, fortune, or service.
And when, not long after I entered into this
course, my brother, Mr. Anthony Bacon, came
from beyond the seas, being a gentleman whose
ability the world taketh knowledge of for matters
of state, especially foreign, I did likewise knit
his service to be at my lord's disposing. And,
on the other side, I must and will ever acknow-
ledge my lord's love, trust, and favour towards
me ; and last of all his liberality, having in-
feoffed me of land which I sold for eighteen
hundred pounds to Mr. Reynold Nicholas, which,
I think, was more worth ; and that aft such a time,
and with so kind and noble circumstances, as the
manner was as much as the matter ; which, though
it be but an idle digression, yet, because I am not
willing to be short in commemoration of his be-
nefits, I will presume to trouble your lordship
with relating to you the manner of it, After the
queen had denied me the solicitor's place, for the
which his lordship had been a long and earnest
suitor on my behalf, it pleased him to come to
me from Richmond to Twickenham Park, ana
brake with me, and said : " Mr. Bacon, the
queen hath denied me the place for you, and hath
placed another ; I know you are the least part of
your own matter, but you fare ill because yon
have chosen me for your mean and dependence;
you have spent your time and thoughts in my
matters; 1 die," these were his very words, •• if I
do not somewhat towards your fortune : you shall
not deny to accept a piece of land which I will
bestow upon you." My answer, I remember, was,
that, for my fortune, it was no great matter ; but
that his lordship's offer made me call to mind
what was wont to be said, when I was in France,
of the Duke of Guise, that he was the greatest
usurer in France, because he had turned all
his estate into obligations: meaning, that he
had left himself nothing, but only had bona*
numbers of persons to him. " Now, my lord,"
said I, " I would not have you imitate his course,
nor turn your estate thus by great gifts into obli-
gations, for you will find many bad debtors."
He bade me take no care for that, and pressed h:
whereupon I said, " My lord, 1 see I must be
your homager, and hold land of your gift; bat
do you know the manner of doing homage in
law ? Always it is with a saving of his faith te
the king and his other lords ; and, therefore, my
lord," said I, " I can be no more yours than I was,
and it must be with the ancient savings : and if I
grow to be a rich man, you will give me leave te
give it back again to some of your unrewarded
followers."
But, to return : sure I am, though I can arrogate
nothing to myself but that I was a faithful re»
1 membrancer to his lordship, that while I had
most credit with him, his fortune went on best:
and yet in two main points we always directly and
: contradictorily differed, which I will mention te
I your lordship, because it giveth light to all that
followed. The one was, I ever set this down,
that the only course to be held with the queen,
was by obsequiousness and observance; and I
remember I would usually engage confidently*
. that if be would take that course constantly, aid
APOLOGY CONCERNING THE EARL OF ESSEX.
385
rlth choice of good particulars to express it, I
lie queen would be brought in time to Aha- ■
oerus's question, to ask, " What should be done I
o the man that the king would honour V Mean- \
og, that her goodness was without limit, where j
here was a true concurrence : which I knew, in
«r nature, to be true. My lord, on the other side,
tad a settled opinion, that the queen could be
Nought to nothing, but by a kind of necessity
nd authority ; and, I well remember, when, by
iolent courses at any time, he had got his will,
te would ask me, " Now, sir, whose principles
e true V9 And I would again say to him ; " My
old, these courses be like to hot waters, they
rill help at a pang; but if you use them, you
hall spoil the stomach, and you shall be fain
till to make them stronger, and stronger, and yet
b the end, they will lessen their operation;"
rith much other variety, wherewith I used to
ouch that string. Another point was, that I
Iways vehemently dissuaded him from seeking
Teatness by a military dependence, or by a
•opular dependence, as that which would breed
b the queen jealousy, in himself presumption,
nd, in the state, perturbation : and I did usually
otnpare them to Icarus's two wings, which were
oined on with wax, and would make him venture
9 soar too high, and then fail him at the height.
Lnd I would farther say unto him; "My lord,
tend upon two feet, and fly not upon two wings :
be two feet are the two kinds of justice, comma-
■live, and distributive: use your greatness for
dvancing of merit and virtue, and relieving
nongs and burdens ; you shall need no other art
•r finesse :" but he would tell me, that opinion
ante not from my mind, but from my robe. But
t is very true, that 1, that never meant to enthral
nyself to my Lord of Essex, nor any other man,
aore than stood with the public good, did, though
could little prevail, divert him by all means
MMsible from courses of the wars and popularity :
or I saw plainly, the queen must either live or
lie; if she lived, then the times would be as in
be declination of an old prince ; if she died, the
imes would be as in the beginning of a new ;
nd that, if his lordship did rise too fast in these
worses, the times might be dangerous for him, ;
Ad he for them. Nay, I remember, I was thus |
(Iain with him upon his voyage to the islands,
r hen I saw every spring put forth such actions
if charge and provocation, that I said to him,
•My lord, when I came first unto you, I took you
or a physician that desired to cure the diseases
if the state ; but now I doubt you will be like
hose physicians which can be content to keep
heir patients low, because they would always be
a request." Which plainness, he, nevertheless,
ook very well, as he had an excellent ear, and
ras " patientissimus veri,'* and assured me the
ase of the realm required it: and I think this
ipeech of mine, and the like renewed afterwards,
pricked him to write that apology, which is m
many men's hands.
But this difference in two points so main and
material, bred in process of time a discontinuance
of privateness, as it is the manner of men seldom
to communicate where they think their courses
not approved, between his lordship and myself:
so as I was not called nor advised with for some
year and a half before his lordship's going into
Ireland, ns in former time ; yet, nevertheless,
touching his going; into Ireland, it pleased him
expressly, and in a set manner, to desire mine
opinion and counsel. At which time I did not only
dissuade, but protest against his going; telling
him, with as much vehemency and asseveration
as I could, that absence in that kind would
exulccrate the queen's mind, whereby it would
not be possible for him to carry himself so as to
give her sufficient contentment ; nor for her to carry
herself so as to give him sufficient countenance:
which would be ill for her, ill for him, and ill for the
state. And, because I would omit no argument, I
remember, I stood also upon the difficulty of the
action ; setting before him, out of histories, that the
Irish was such an enemy as the ancient Gauls, or
Britons, or Germans were ; and that we saw how
the Romans, who had such discipline to govern
their soldiers, and such donatives to encourage
them, and the whole world in a manner to levy
them ; yet when they came to deal with enemies,
which placed their felicity only in liberty, and
the sharpness of their sword, and had the natural
elemental advantages of woods, and bogs, and
hardness of bodies, they ever found they had
their hands full of them ; and therefore concluded,
that going over with such expectation as he did,
and through the churlishness of the enterprise,
not like to answer it, would mightily diminish his
reputation : and many other reasons I used, so as,
I am sure, I never in any thing in my lifetime,
dealt with him in like earnestness by speech, by
writing, and by all the means I could devise.
For I did as plainly see his overthrow chained,
as it were by destiny, to that journey, as it is
possible for any man to ground a judgment upon
future contingents. But, my lord, howsoever his
ear was open, yet his heart and resolution was
shut against that advice, whereby* his ruin might
have been prevented. After my lord's going, I
saw then how true a prophet I was, in regard of
the evident alteration which naturally succeeded
in the queen's mind ; and thereupon I was still in
watch to find the best occasion, that, in the weak-
ness of my power, I could either take or minister,
to pull him out of the fire, if it had been possible :
and not long after, methought I saw some over-
ture thereof, which I apprehended readily; a
particularity which I think to be known to very
few, and the which I do the rather relate unto
your lordship, because I hear it should be talked,
that while my lord was in Ireland, I revealed
3M
APOLOGY CONCERNING THE EARL OF ESSEX.
some matters against him, or I cannot tell what;
which, if it were not a mere slander as the rest
is, but had any, though never so little colour,
was surely upon this occasion. The queen, one
day at Nonesuch, a little, as I remember, before
Cuffe's coming over, where I attended her, showed
a passionate distaste of my lord's proceedings in
Ireland, as if they were unfortunate, without
judgment, contemptuous, and not without some
private end of his own, and all that might be ;
and was pleased, as she spake of it to many, that
she trusted least, so to fall into the like speech
with me. Whereupon I, who was still awake,
and true to my grounds, which I thought surest
for my lord's good, said to this effect : " Madam,
I know not the particulars of estate, and I know
this, that princes' actions must have no abrupt
periods or conclusions; but otherwise 1 would
think, that if you had my Lord of Essex here
with a white staff in his hand, as my Lord of
Leicester had, and continued him still about you
for society to yourself, and for an honour and
ornament to your attendance and court, in the eyes
of your people, and in the eyes of foreign ambas-
sadors, then were he in his right element; for to
discontent him as you do, and yet to put arms
and power into his hands, may be a kind of
temptation to make him prove cumbersome and
unruly. And, therefore, if you would * imponere
bonam clausulam,' and send for him, and satisfy
him with honour, here near you, if your affairs,
which, as I have said, I am not acquainted with,
will permit it, I think were the best way."
Which course, your lordship knoweth, if it had
been taken, then all had been well, and no con-
tempt in my lord's coming over, nor continuance
of these jealousies, which that employment of
Ireland bred, and my lord here in his former
greatness. Well, the next news that I heard
was, that my lord was come over, and that he
was committed to his chamber for leaving Ireland
without the queen's license; this was at None-
such, where, as my duty was, I came to his
lordship, and talked with him privately about a
quarter of an hour, and he asked mine opinion of
the course that was taken with him : I told him,
" My lord, * Nubecula est cito transibit;' it is but
a mist. But shall I tell your lordship, it is as
mists are : if it go upwards, it may perhaps cause
a shower : if downwards, it will clear up. And, !
therefore, good my lord, carry it so, as you take
away by all means all umbrages and distastes
from the queen ; and especially, if I were worthy
to advise you, as I have been by yourself thought,
and now your question imports the continuance
of that opinion, observe three points : first, make
not this cessation or peace, which is concluded
with Tyrone, as a service wherein you glory, but
as a shuffling up of a prosecution which was not
very fortunate. Next, represent not to the queen
any necessity of estate, whereby, as by a coercion
or wrench, she should think herself enforced to
send you back into Ireland, but leave it to her.
Thirdly, seek access * importune, opportune,'
seriously, sportingly, every way." I remember
my lord was willing to hear me, but spake tot
few words, and shaked his head sometimes, as if
he thought I was in the wrong ; but sure I in,
he did just contrary in every one of these three
points. After this, during the while since my
lord was committed to my lord keeper's, I came
divers times to the queen, as I had used to do,
about causes of her revenue and law business, 11
is well known; by reason of which accessei,
according to the ordinary charities of court, it wii
given out, that I was one of them that incensed
the queen against my Lord of Essex. These
speeches I cannot tell, nor I will not think, that
they grew any way from her majesty's own
speeches, whose memory I will ever honour; if
they did, she is with God, and " Miserum est ab
illis laedi, de quibus non possis queri." But I
must give this testimony to my Lord Cecil, that
one time, in his house at the Savoy, he dealt
with me directly, and said to me, " Cousin, I hen
it, but I believe it not, that you should do soma
ill office to my Lord of Essex ; for my part, I am
merely passive, and not active, in this action;
and I follow the queen, and that heavily, and I
lead her not; my Lord of Essex is one that, in
nature, I could consent with, as well as with any
one living ; the queen indeed, is my sovereign,
and I am her creature, I may not lose her, and the
same course I would wish you to take.9' Where-
upon I satisfied him how far I was from any suck
mind. And, as sometimes it cometh to past,
that men's inclinations are opened more in a toy,
than in a serious matter : a little before that time,
being about the middle of Michaelmas term, her
majesty had a purpose to dine at my lodge at
Twicknam Park, at which time I had, though I
profess not to be a poet, prepared a sonnet, directly
tending and alluding to draw on her majesty'!
reconcilement to my lord; which, I remember,
also I showed to a great person, and one of my
lord's nearest friends, who commended it. This,
though it be, as I said, but a toy, yet it showed
plainly in what spirit I proceeded ; and that 1
was ready not only to do my lord good offices,
but to publish and declare myself for him : and
never was I so ambitious of any thing in my life-
time, as I was, to have carried some token or
favour from her majesty to my lord ; using all the
art I had, both to procure her majesty to send,
and myself to be the messenger. For, as to the
former, I feared not to allege to her, that this pro-
ceeding toward ray lord, was a thing towards the
people, very unplausible ; and, therefore, wished
her majesty, however she did, yet to discharge
herself of it, and lay it upon others ; and, there-
fore, that she should intermix her proceeding
with some immediate graces from herself, that
APOLOGY CONCERNING THE EARL OF ESSEX.
837
he world might take knowledge of her princely
lature and goodness, lest it should alienate the
leans of her people from her : which I did stand
tpon; knowing well, that if she once relented to
end or visit, those demonstrations would prove
natter of substance for my lord's good. And to
raw that employment upon myself, I advised her
aajeety, that whensoever God should move her
o turn the light of her favours towards my lord,
o make signification to him thereof; that her
najesty, if she did it not in person, would, at the
saat, use some such mean as might not entitle
bemselves to any part of the thanks, as persons
bat were thought mighty with her to work her,
r to bring her about; but to use some such as
ould not be thought but a mere conduit of her
wn goodness. But I could never prevail with
er, though I am persuaded she saw plainly
rhereat I levelled ; and she plainly had me in
salousy, that I was not hers entirely, but still
ad inward and deep respects towards my lord,
lore than stood at that time with her will and
leasure. About the same time, I remember an
newer of mine in a matter which had some
ifinity with my lord's cause, which, though it
jew from me, went after about in others' names.
\>r her majesty being mightily incensed with
hat book which was dedicated to my Lord of
Sssex, being a story of the first year of King
lenry IV., thinking it a seditious prelude to put
ato the people's head boldness and faction, said,
(he had an opinion that there was treason in it,
ad asked me if I could not find any places in it
hat might be drawn within case of treason:
rhereto I answered ; For treason, surely, I found
tone : but for felony, very many. And when her
oajesty hastily asked me, Wherein ? I told her,
he author had committed very apparent theft;
or he had taken most of the sentences of Cor-
islius Tacitus, and translated them into English,
ind put them into his text. And another time,
rhen the queen would not be persuaded that it
ras his writing whose name was to it, but that
t had some more mischievous author; and said,
nth great indignation, That she would have him
acked to produce his author: I replied; "Nay,
nadam, he is a doctor; never rack his person, but
ack his style ; let him have pen, ink, and paper,
nd help of books, and be enjoined to continue
he story where it breaketh off, and I will under-
age, by collating the styles, to judge whether he
rere the author or no." But for the main matter,
ore I am, when the queen at any time asked
nine opinion of my lord's case, I ever in one
enour said unto her; That they were faults
rhich the law might terra contempts ; because
hey were the transgression of her particular
Krections and instructions : but, then, what de-
fence might be made of them, in regard of the
[teat interest the person had in her majesty's
avour ; in regard of the greatness of his place,
Vol. II.— 43
and the ampleness of his commission; in regard
of the nature of the business, being action of war,
which, in common cases, cannot be tied to strict-
ness of instructions; in regard of the distance of
the place, having also a sea between, that his
demands, and her commands, must be subject to
wind and weather ; in regard of a council of state
in Ireland, which he had at his back to avow his
actions upon; and, lastly, in regard of a good
intention, that he would allege for himself;
which, I told her, in some religions was held to
be a sufficient dispensation for God's command-
ments, much more for princes' : in all these re-
gards, I besought her majesty to be advised again
and again, how she brought the cause into any
public question. Nay, I went farther ; for I told
her, my lord was an eloquent and well-spoken
man ; and, besides his eloquence of nature or art,
he had an eloquence of accident which passed
them both, which was the pity and benevolence
of his hearers; and, therefore, that when he
should come to his answer for himself, I doubted
his words would have so unequal a passage above
theirs that should charge him, as would not be
for her majesty's honour; and therefore wished
the conclusion might be, that they might wrap it
up privately between themselves; and that she
would restore my lord to his former attendance,
with some addition of honour to take away dis-
content. But this I will never deny ; that I did
show no approbation generally of his being sent
back again into Ireland, both because it would
have carried a repugnancy with my former dis-
course, and because I was in mine own heart
fully persuaded that it was not good, either for
the queen, or for the state, or for himself: and
yet I did not dissuade it, neither, but left it ever
as " locus lubricu8." For this particularity I do
well remember, that after your lordship was
named for the place in Ireland, and not long
before your going, it pleased her majesty at
Whitehall to speak to me of that nomination : at
which time I said to her; " Surely, madam, if
you mean not to employ my Lord of Essex thither
again, your majesty cannot make a better
choice ;" and was going on to show some reason,
and her majesty interrupted me with great pas-
sion : " Essex !" said she ; " whensoever I send
Essex back again into Ireland, I will marry you :
claim it of me." Whereunto I said; "Well,
madam, I will release that contract, if his going
be for the good of your state." Immediately
after, the queen had thought of a course, which
was also executed, to have somewhat published
in the Star Chamber, for the satisfaction of the
world, touching my Lord of Essex his restraint,
and my lord not to be called to it; but occasion
to be taken by reason of some libels then dis-
persed: which, when her majesty propounded
unto me, I was utterly against it ; and told her
plainly, That the people would say, that my lord
388
APOLOOY CONCERNING THE EARL OF ESSEX.
was wounded upon his back, and that Justice
had her balance taken from her, which ever con-
sisted of an accusation and defence ; with many
other quick and significant terms to that purpose:
insomuch, that, 1 remember, 1 said, that my lord,
" in foro famae," was too hard for her : and,
therefore, wished her, as I had done before, to
wrap it up privately. And certainly I offended
her at that time, which was rare with me ; for I
call to mind, that both the Christmas, Lent, and
Easter term following, though I came divers
times to her upon law business, yet, methought
her face and manner was not so clear and open \
to me, as it was at the first. And she did '
directly charge me, that I was absent that day !
at the Star Chamber, which was very true ; but I
alleged some indisposition of body to excuse it: ;
and during all the time aforesaid, there wasj
" altum silentium" from her to me, touching my j
Lord of Essex's causes. j
But towards the end of Easter term her majesty
brake with me, and told me, That she had found
my words true ; for that the proceedings in the
Star Chamber had done no good, but rather
kindled factious bruits, as she termed them, than
quenched them ; and, therefore, that she was
determined now, for the satisfaction of the world,
to proceed against my lord in the Star Chamber
by an information " ore tenus," and to have ray
lord brought to his answer : howbeit, she said,
she would assure me, that whatsoever she did
should be towards my lord " ad castigationem, et j
non ad destructionem ;" as indeed she had often [
repeated the same phrase before : whereunto I said, <
to the end utterly to divert her, " Madam, if you ;
will have me speak to you in this argument, I j
must speak to you as Fr^ar Bacon's head spake,
that said first, *Time is,9 and then 'Time was;9
and ' Time will never be :' for certainly, said I, it j
is now far too late, the matter is cold, and hath !
taken too much wind." Whereat she seemed '
again offended, and rose from me ; and that reso-
lution for a while continued : and, after, in the
beginning of midsummer term, I attending her, '
and finding her settled in that resolution, which I
heard of also otherwise, she falling upon the like '
speech ; it is true that, seeing no other remedy, I
said to her slightly, "Why, madam, if yui will
needs have a proceeding, you were best have it ,
in some such sort as Ovid spake of his mistress ;
'est aliquid luce patente minus;' to make a
council-table matter of it, and there an end:'1
which speech again she seemed to take in ill
part; but, yet, I think it did good at that time, ;
and helped to divert that course of proceeding by j
information in the Star Chamber. Nevertheless, |
afterwards it pleased her to make a more solemn '
matter of the proceeding; and some few days;
after, an order was given that the matter should ;
be heard at York House, before an assembly of j
counsellors, peers, and judges, and some audience I
of men of quality to be admitted : and then did
some principal counsellors send for us of the
learned counsel, and notify her majesty's pleasure
unto us ; save that it was said to me openly by
one of them, that her majesty was not yet
resolved whether she would have me forborne in
the business or no. And hereupon might arise
that other sinister and untrue 6peech, that, I hear,
is raised of me, how 1 was a suitor to be used
against my Lord of Essex at that time : for it is
very true, that I, that knew well what had passed
between the queen and me, and what occasion I
had given her, both of distaste and distrust, in
crossing her disposition, by standing steadfastly
for my Lord of Essex, and suspecting it also to
be a stratagem arising from some particular emu-
lation, I writ to her two or three words of com-
pliment, signifying to her majesty, "That, if she
would be pleased to spare me in my Lord of
Essex's cause, out of the consideration she took
of my obligation towards him, 1 should reckon it
for one of her greatest favours: but otherwise
desiring her majesty to think that I knew the
degrees of duties; and, that no particular obliga-
tion whatsoever to any subject, could supplant,
or weaken that entireness of duty, that I did owe
and bear to her and her service." And this was
the goodly suit 1 made, being a respect no man
that had his wits could have omitted : but, never-
theless, I had a farther reach in it; for, I judged
that day's work would be a full period of any
bitterness, or harshness between the queen and
my lord : and, therefore, if I declared myself
fully according to her mind at that time, which
could not do my lord any manner of prejudice, I
should keep my credit with her ever after, where-
by to do my lord service. Hereupon the next
news that I heard, was, that we were all sent for
again; and, that her majesty's pleasure was, we
all should have parts in the business; and the
lords falling into distribution of our parts, it was
allotted to me, that 1 should set forth some undo-
tiful carriage of my lord, in giving occasion and
countenance to a seditious pamphlet, as it was
termed, which was dedicated unto him, which
was the book before-mentioned of King Henry
IV. Whereupon I replied to that allotment, and
said to their lordships, That it was an old matter,
and had no manner of coherence with the rest of
the charge, being matters of Ireland : and, there-
fore, that I having been wronged by bruits before,
this would expose me to them more ; and it would
be said I gave in evidence mine own tales. It
was answered again with good show, That be-
cause it was considered how I stood tied to my
Lord of Essex, therefore, that part was thought
fittest for me, which did him least hurt; for that,
whereas all the rest was matter of charge and
accusation, this only was but matter of caveat and
admonition. Wherewith, though I was in mine
own mind little satisfied, because I knew well t
APOLOGY CONCERNING THE EARL OF ESSEX.
330
man were better to be charged with some faults,
than admonished of some others : yet, the conclu-
sion binding upon the queen's pleasure directly,
"volens nolens,9 ' I could not avoid that part that
was laid upon me: which part, if in the delivery
1 did handle not tenderly, though no man before
me did in so clear terms free from my lord from
all disloyalty, as I (fid, that, your lordship know-
eth, must be ascribed to the superior duty I did
owe to the queen's fame and honour in a public
proceeding, and partly to the intention I had to
uphold myself in credit and strength with the
queen, the better to be able to do my lord good
offices afterwards : for, as soon as this day was
past, I lost no time ; but, the very next day fol-
lowing, as I remember, I attended her majesty,
fully resolved to try and put in ure my utmost
endeavour, so far as in my weakness could give
furtherance, to bring my lord again speedily into
court and favour; and knowing, as I supposed at
least, how the queen was to be used, I thought
that to make her conceive that the matter went
well then, was the way to make her leave off
there: and I remember well, I said to her, " You
have now, madam, obtained victory over two
things, which the greatest princes in the world '
cannot at their wills subdue; the one is, over:
fame ; the other is, over a great mind : for; surely, j
the world is now, I hope, reasonably well satis- 1
fied ; and for my lord, he did show that humilia- ',
tion towards your majesty, as I am persuaded he
was never in his lifetime more fit for your ma-
jesty's favour than he is now : therefore, if your
majesty will not mar it by lingering, but give
over at the best, and now you have made so good
a full point, receive him again with tenderness, I
shall then think, that all that is past is for the
best." Whereat, I remember, she took exceeding
great contentment, and did often iterate and put
me in mind, that she had ever said, That her
proceedings should be uad reparationem," and
not "ad ruinam;" as who saith, that now was
the time I should well perceive, that that saying
of hers should prove true. And, farther, she
willed me to set down in writing all that passed
that day. I obeyed her commandment, and .
within some few days after brought her again the
narration, which I did read unto her in two several
afternoons : and when I came to that part that set ■
forth my lord's own answer, which was my
principal care, I do well bear in mind, that she
was extraordinarily moved with it, in kindness
and relenting towards my lord ; and told me
afterwards, speaking how well I had expressed
my lord's part, That she perceived old love would
not easily be forgotten : whereunto I answered
suddenly, that I hoped she meant that by herself.
But in conclusion I did advise her, That now she
had taken a representation of the matter to her-
self, that she would let it go no farther: "For,
madam," said I, " the fire blazeth well already,
what should you tumble it? And, besides, it
may please you to keep a convenience with your-
self in this case ; for, since your express direction
was, there should be no register nor clerk to take
this sentence, nor no record or memorial made up
of the proceeding, why should you now do that
popularly, which you would not admit to be done
judicially 1" Whereupon she did agree that that
writing should be suppressed ; and I think there
were not five persons that ever saw it. But from
this time forth, during the whole latter end of that
summer, while the court was at Nonesuch and
Oatlands, I made it my task and scope to take and
give occasions for my lord's redintegration in his
fortunes : which my intention, I did also signify
to my lord as soon as ever he was at his liberty ;
whereby I might, without peril of the queen's
indignation, write to him : and having received
from his lordship a courteous and loving accepta-
tion of my good will and endeavours, I did apply
it in all my accesses to the queen, which were
very many at that time ; and purposely sought and
wrought upon other variable pretences, but only
and chiefly for that purpose. And, on the other
side, I did not forbear to give my lord from time
to time faithful advertisement what I found, and
what I wished. And I drew for him, by his ap-
pointment, some letters to her majesty; which
though I knew well his lordship's gift and style
was fur better than mine own, yet, because he
required it, alleging, that by his long restraint he
was grown almost a stranger to the queen's pre-
sent conceits, I was ready to perform it: and,
sure I am, that for the 6pace of 6ix weeks or two
months, it prospered so well, as I expected con-
tinually his restoring to his attendance. And I
was never better welcome to the queen, nor more
made of, than when I spake fullest and boldest
for him : in which kind the particulars were
exceeding many; whereof, for an example, I will
remember to your lordship one or two. As, at
one time, I call to mind, her majesty was speaking
of a fellow that undertook to cure, or, at least, to
ease my brother of his gout, and asked me how
it went forward : and I told her majesty, That at
the first he received good by it ; but after, in the
course of his cure, he found himself at a stay, or
rather worse : the queen said again, " I will tell
you, Bacon, the error of it: the manner of these
physicians, and especially these empirics, is to
continue one kind of medicine; which at the first
is proper, being to draw out the ill humour; but,
after, they have not the discretion to change the
medicine, but apply still drawing medicines,
when they should rather intend to cure and cor-
roborate the part." " Good Lord ! madam," said
I, "how wisely and aptly can you speak and
discern of physic ministered to the body, and
consider not that there is the like occasion of
physic ministered to the mind: as now in the
case of my Lord of Essex, your princely word
840
APOLOGY CONCERNING THE EARL OF ESSEX.
ever was, that you intended ever to reform his
mind, and not ruin his fortune : I know well you
cannot but think that you have drawn the humour
sufficiently; and, therefore, it were more than
time, and it were but for doubt of mortifying or
exulcerating, that you did apply and minister
strength and comfort unto him: for these same
gradations of yours are fitter to corrupt, than cor-
rect any mind of greatness." And another time
I remember she told me for news, That my lord
had written unto her some very dutiful letters,
and that she had been moved by them ; and when
she took it to he the abundance of his heart, she
found it to be but a preparative to a suit for the
renewing of his farm of sweet wines. Where-
unto I replied, " O madam, how doth your ma-
jesty construe these things, as if these two could
not stand well together, which, indeed, nature
hath planted in all creatures! For there are but
two sympathies, the one towards perfection, the
other towards preservation ; that to perfection, as
the iron tendeth to the loadstone ; that to preserva-
tion, as the vine will creep towards a stake or
prop that stands by it; not for any love to the
stake, but to uphold itself. And, therefore, ma-
dam, you must distinguish: my lord's desire to
do you service is, as to his perfection, that which
he thinks himself to be born for; whereas his
desire to obtain this thing of you, is but for a sus-
tentation."
And, not to trouble your lordship with many
other particulars, like unto these, it was at the
selfsame time that I did draw, with my lord's
privity, and by his appointment, two letters, the
one written as from my brother, the other as an
answer returned from my lord, both to be by me
in secret manner showed to the queen, which it
pleased my lord very strangely to mention at the
bar; the scope of which were but to represent
and picture forth unto her majesty my lord's mind
to be such, as I knew her majesty would fainest
have had it : which letters whosoever shall see,
for they cannot now be retracted or altered, being
by reason of my brother's or his lordship's ser-
vants' delivery long since come into divers hands,
let him judge, especially if he knew the queen,
and do remember those times, whether they were
not the labours of one that sought to bring the
queen about for my Lord of Essex his good. The
truth is, that the issue of all his dealing grew to
this, that the queen, by some slackness of my
lord's, as I imagine, liked him worse and worse,
and grew more incensed towards him. Then she
remembering belike the continual, and incessant,
and confident speeches and courses that I had
held on my lord's side, became utterly alienated
from me, and for the space of, at least, three
months, which was between Michaelmas and
New-year's-tide following, would not so much
as look on me, but turned away from me
with express and purpose-like discountenance
wheresoever she saw me ; and at such time as I
desired to speak with her about law-business,
ever sent me forth very slight refusals, insomuch
as it is most true, that immediately after New-
year's-tide I desired to speak with her, and being
admitted to her, I dealt with her plainly; and
said, " Madam, I see you withdraw your favour
from me, and now I have lost many friends for
your sake, I shall lose you too: you have put
me like one of those that the Frenchmen call
" enfans perdus," that serve on foot before horse-
men ; so have you put me into matters of envy
without place, or without strength ; and I know
at chess a pawn before the king is ever much
played upon ; a great many love me not, because
they think I have been against my Lord of
Essex ; and you love me not, because you know I
have been for him ; yet will I never repent me,
that I have dealt in simplicity of heart towards
you both, without respect of cautions to myself;
and, therefore, 'vivus vidensque pereo;' if I do
break my neck, I shall do it in a manner as Mr.
Dorrington did it, which walked on the battle-
ments of the church many days, and took a view
and survey where he should fall. And, so, ma-
dam, said I, I am not so simple but that I take a
prospect of mine overthrow; only I thought I
would tell you so much, that you may know that
it was faith, and not folly that brought me into it,
and so I will pray for you." Upon which
speeches of mine, uttered with some passion, it is
true her majesty was exceedingly moved; and
accumulated a number of kind and gracious words
upon me, and willed me to rest upon this,
" Gratia mea sufficit," and a number of. other
sensible and tender words and demonstrations,
such as more could not be ; but as touching my
Lord of Essex, "ne verbum quidem." Where-
upon I departed, resting then determined to med-
dle no more in the matter; as that that I saw
would overthrow me, and not be able to do him
any good. And thus I made mine own peace
with mine own confidence* at that time; and
this was the last time I saw her majesty before
the eighth of February, which was the day of my
Lord of Essex his misfortune ; after which time,
for that I performed at the bar in my public ser-
vice, your lordship knoweth, by the rules of duty,
that I was to do it honestly, and without preva-
rication; but for ray putting myself into it, I
protest before God, I never moved either the
queen, or any person living, concerning my being
used in the service, either of evidence or exami-
nation ; but it was merely laid upon me with the
rest of my fellows. And for the time which
passed, I mean between the arraignment and my
lord's suffering, I well remember, I was but once
with the queen, at what time, though I durst not
deal directly for my lord as things then stood,
* Quftcy conseunee, but note that in the first edition ft *
confidence.
APOLOGY CONCERNING THE EARL OF ESSEX.
841
yet generally I did both commend her majesty's
mercy, terming it to her as an excellent balm that
did continually distil from her sovereign hands,
and made an excellent odour in the senses of her
people ; and not only so, but I took hardiness to
extenuate, not the fact, for that I durst not, but
the danger, telling her, that if some base or cruel-
minded persons had entered into such an action,
it might have caused much blood and combus-
tion: but it appeared well, they were such as
knew not how to play the malefactors ; and some
other words which I now omit. And as for the
rest of the carriage of myself in that service, I
have many honourable witnesses that can tell,
that the next day after my lord's arraignment, by
my diligence and information, touching the quality
and nature of the offenders, six of nine were
stayed, which otherwise had been attainted, I
bringing their lordships9 letter for their stay, after
the jury was sworn to pass upon them; so near
it went : and how careful I was, and made it my
part, that whosoever was in trouble about that
matter, as soon as ever his case was sufficiently
known and defined of, might not continue in
restraint, but be set at liberty ; and many other
parts, which, I am well assured of, stood with the
duty of an honest man. But, indeed, I will not
deny for the case of Sir Thomas Smith of London,
the queen demanding my opinion of it : I told her,
I thought it was as hard as any of the rest. But
what was the reason 1 Because, at that time, I
had seen only his accusation, and had never been
present at any examination of his ; and the matter
so standing, I had been very untrue to my ser-
vice, if I had not delivered that opinion. But,
afterwards, upon a re-examination of some that
charged him, who weakened their own testimony,
and especially hearing himself "viva voce," I
went instantly to the queen, out of the soundness
of my conscience, not regarding what opinion I
had formerly delivered, and told her majesty, I
was satisfied, and resolved in my conscience, that
for the reputation of the action, the plot was to
countenance the action farther by him in respect
of his place, than they had indeed any interest or
intelligence with him. It is very true also, about
that time, her majesty taking a liking of my pen,
upon that which I formerly had done concerning
the proceeding at York House, and likewise upon
some other declarations, which in former times
by her appointment I put in writing, commanded
me to pen that book, which was published for the
better satisfaction of the world ; which I did, but
so, as never secretary had more particular and
express directions and instructions in every point,
how to guide my hand in it ; and not only so,
but after that I had made a first draught thereof,
and propounded it to certain principal counsellors
by her majesty's appointment, it was perused,
weighed, censured, altered, and made almost a
new writing, according to their lordships' better
consideration ; wherein their lordships and myself
both were as religious and curious of truth, as
desirous of satisfaction : and myself indeed gave
only word 8 and form of style, in pursuing their
direction. And after it had passed their allow-
ance, it was again exactly perused by the queen
herself, and some alterations made again by her
appointment : nay, and after it was set to print,
the queen, who, as your lordship knoweth, as
she was excellent in great matters, so she was
exquisite in small, and noted that I could not for-
get my ancient respect to my Lord of Essex, in
terming him ever my Lord of Essex, my Lord of
Essex, almost in every page of the book, which
she thought not fit, but would have it made
Essex, or the late Earl of Essex : whereupon of
force it was printed **de novo," and the first
copies suppressed by her peremptory command-
ment.
And this, my good lord, to my farthest remem-
brance, is all that passed wherein I. had part;
which I have set down as near as I could in the
very words and speeches that were used, not be-
cause they are worthy the repetition, I mean those
of mine own; but to the end your lordship may
lively and plainly discern between the face of
truth, and a smooth tale : and the rather, also, be-
cause, in things that passed a good while since,
the very words and phrases did sometimes bring
to my remembrance the matters : wherein 1 report
me to your honourable judgment, whether you do
not see the traces of an honest man : and had I
been as well believed either by the queen or by
my lord, as I was well heard by them both, both
my lord had been fortunate, and so had myself
in his fortune.
To conclude, therefore, I humbly pray your
lordship to pardon me for troubling you with
this long narration ; and that you will vouchsafe
to hold me in your good opinion, till you know
I have deserved, or find that I shall deserve the
contrary ; and so ever I continue
At your lordship's honourable commandments,
very humbly,
F. B.
9r2
THE PROCEEDINGS*
OF
THE EARL OP ESSEX.
7%e Points of Form worthy to be observed.
The fifth of June in Trinity terra, upon Thurs-
day, being no Star Chamber day, at the ordinary
hour when the courts sit at Westminster, were
assembled together at the lord keeper's house in
the great chamber, her majesty's privy-council,
enlarged and assisted for that time and cause by
the special call and associating of certain selected
persons, viz. four earls, two barons, and four
judges of the law, making in the whole a council
or court of eighteen persons, who were attended
by four of her majesty's learned counsel for
charging the carl ; and two clerks of the council,
the one to read, the other as a register ; and an
auditory of persons, to the number, as I could
guess, of two hundred, almost all men of quality,
but of every kind or profession ; nobility, court,
law, country, city. The upper end of the table
led void for the earl's appearance, who, after the
commissioners had sat a while, and the auditory
was quiet from the first throng to get in, and the
doors shut, presented himself and kneeled down
at the board's end, and so continued till he was
licensed to stand up.
The Names of the Commissioners.
Lord Archbishop,
Lord Keeper, &c.
It was opened, that her majesty being imperial,
and immediate under God, was not holden to
render account of her actions to any ; howbeit,
because she had chosen ever to govern, as well
with satisfaction as with sovereignty, and the
rather, to command down the winds of malicious
and seditious rumours, wherewith men's conceits
may have been tossed to and fro, she was pleased
to call the world to an understanding of her
princely course held towards the Earl of Essex,
as well in here-before protracting as in now pro-
ceeding.
The earl repairing from his government into
this realm in August last, contrary to her majesty's
express and most judicial commandment, though
the contempt were in that point visible, and her
* At York House, in June, 1600, prepared for Queen Eliza-
beth by her command, and read to her by Mr. Bacon, but
never published.
349
majesty's mind prepared to a just and high dis-
pleasure, in regard of that realm of Ireland set at
hazard by his former disobedience to her royal
directions, yet kept that 6tay, as she commanded
my lord only to his chamber in court, until his
allegations might by her privy -council be ques-
tioned and heard ; which account taken, and my
lord's answers appearing to be of no defence,
that shadow of defence which was offered con-
sisted of two parts: the one his own conceit
of some likelihood of good effects to ensue of
the course held, the other a vehement and over-
ruling persuasion of the council there, though he
were indeed as absolutely freed from opinion of
; the council of Ireland, as he was absolutely tied
to her majesty's trust and instructions. Never-
theless, her majesty, not unwilling to admit any
extenuation of his offence ; and considering the
! one point required advertisement out of Ireland,
and the other further expectation of the event and
sequel of the affairs there, and so both points asked
time and protraction ; her majesty proceeded still
with reservation, not to any restraint of my lord
according to the nature and degree of his offence,
but to a commitment of him, "sub libera custodia,"
in the lord keeper's house.
After, when both parts of this defence plainly
failed my lord, yea, and proved utterly adverse
to him, for the council of Ireland in plain terms
disavowed all those his proceedings, and the event
made a miserable interpretation of them, then her
majesty began to behold the offence in nature and
likeness, as it was divested from any palliation or
cover, and in the true proportion and magnitude
thereof, importing the peril of a kingdom : which
consideration wrought in her majesty a strange
effect, if any thing which is heroical in virtue can
be strange in her nature ; for when offence was
grown unmeasurably offensive, then did grace
superabound ; and in the heat of all the ill news
out of Ireland, and other advertisements thence to
my lord's disadvantage, her majesty entered inlo
a resolution, out of herself and her inscrutable
goodness, not to overthrow my lord's fortune
irreparably, by public and proportionable justice:
notwithstanding, inasmuch as about that time
there did fly about in London streets and theatres
THE PROCEEDINGS OF THE EARL OF ESSEX.
343
divers seditious libels ; and Paul's and ordinaries
were full of bold and factious discourses, where-
by not only many of her majesty's faithful and
*eal ou s counsellors and servants were taxed, but
withal the hard estate of Ireland was imputed to
anv thing rather than unto the true cause, the
earl's defaults, though this might have made any
prince on earth to lay aside straightways the
former resolution taken, yet her majesty in her
moderation persisted in her course of clemency,
and bethought herself of a mean to right her own
honour, and yet spare the earl's ruin; and there-
fore taking a just and most necessary occasion
upon these libels, of an admonition to be given sea-
sonably, and as is oft accustomed; the last Star
Chamber day of Michaelmas term, was pleased,
that declaration should be made, by way of testi-
mony, of all her honourable privy council, of her
majesty's infinite care, royal provisions, and pru-
dent directions for the prosecutions in Ireland,
wherein the earl's errors, by which means so great
care and charge was frustrated, were incidently
touched.
But as in bodies very corrupt, the medicine
rather stirreth and cxasperatcth the humour than
purge th it, so some turbulent spirits laid hold of
this proceeding in so singular partiality towards
my lord, as if it had been to his disadvantage,
and >rave out that this was to condemn a man un-
heard, and to wound him on his back, and to leave
Justice her sword and take away her balance,
which consisted of an accusation and a defence;
and such other seditious phrases : whereupon her
majesty seeing herself interested in honour, which
■lie hath ever sought to preserve as her eye, clear
and without mote, was enforced to resolve of a
judicial hearing of the cause, which was accord-
ingly appointed in the end of Hilary term. At
the which time warning being given to my lord
to prepare himself, he falling, as it seemed, in a
deep consideration of his estate, made unto her
majesty by letter an humble and effectual sub-
mission, beseeching her that that bitter cup of
justice might pass from him, for those were his
words; which wrought such an impression in her
majesty's mind, that it not only revived in her
her former resolution to forbear any public hear-
ing, hut it fetched this virtue out of mercy by the
only touch, as few days after my lord was re-
moved to further liberty in his own house, her
majesty hoping that these bruits and malicious
imputations would of themselves wax old and
vanish : but finding it otherwise in proof, upon
taste taken by some intermission of time, and
especially beholding the humour of the time in a
letter presumed to be written to her majesty her-
self hy a lady, to whom, though nearest in blood
to my lord, it appertained little to intermeddle in
matters of this nature, otherwise than in course of
humility to have solicited her grace and mercy;
in which letter, in a certain violent and mineral
spirit of bitterness, remonstrance, and representa-
tion is made to her majesty, as if my lord suffered
under passion and faction, and not under justice
mixed with mercy ; which letter, though written
to her sacred majesty, and therefore unfit to pass
in vulgar hands, yet was first divulged by copies
everywhere, that being, as it seemeth, the newest
and finest form of libelling, and since committed
to the press : her majesty in her wisdom seeing
manifestly these rumours thus nourished had got
too great a head to be repressed without some
hearing of the cause, and calling my lord to an-
swer; and yet, on the other side, being still in-
formed touching my lord himself of his con-
tinuance of penitence and submission, did in con-
| elusion resolve to use justice, but with the edge
and point taken off and rebated ; for whereas
nothing leaveth that taint upon honour, which in
a person of my lord's condition is hardlicst re-
paired, in question of justice, as to be called to
the ordinary and open place of offenders and
criminals, her majesty had ordered that the hear-
ing should he "intra domesticos parietes," and
not *»luce forensi." And whereas again in the
Star Chamber there be certain formalities not fit in
regard of example to be dispensed with, which
; would strike deeper both into my lord's fortune
and reputation; as the fine which is incident to a
sentence there given, and the imprisonment of the
Tower, which in case of contempts that touch the
point of estate doth likewise follow ; her majesty
turning this course, had directed that the matters
should receive, before a great, honourable, and
selected council, a full and deliberate, and yet, in
respect, a private, mild, and gracious hearing.
All this was not spoken in one undivided speech,
but partly by the first that spake of the learned
counsel, and partly by some of the commissioners ;
for in this and the rest I keep order of matter, and
not of circumstance.
Tht Matters laid to my Lord1 8 Charge.
The matters wherewith my lord was charged
were of two several natures ; of a higher, and of
an inferior degree of offence.
The former kind purported great and high con-
tempts and points of misgovernance in his office
of her majesty '8 lieutenant and governor of her
realm of Ireland ; and in the trust and authority
thereby to him committed.
The latter contained divers notorious errors and
neglects of duty, as well in his government as
otherwise.
The great contempts and points of misgovern-
mentand malversation in his office, were articulate
into three heads.
I. The first was the journey into Munster,
whereby the prosecution in due time upon
Tyrone in Ulster was overthrown : wherein
he proceeded contrary to his directions, and
the whole design of his employment: whereof
844
THE PROCEEDINGS OF THE EARL OF ESSEX.
ensued the consumption of her majesty's
army, treasure, and provisions, and the
evident peril of that kingdom.
II. The second was the dishonourable and dan-
gerous treaty held, and cessation concluded
with the same arch-rebel, Tyrone.
III. The third was his contemptuous leaving his
government, contrary to her majesty's abso-
lute mandate under her hand and signet, and
in a time of so imminent and instant danger.
For the first, it had two parts ; that her majesty's
resolution and direction was precise and absolute
for the northern prosecution, and that the same
direction was by iny lorvl, in regard of the journey
to Munster, wilfully and contemptuously broken.
It was therefore delivered, that her majesty,
touched with a true and princely sense of the torn
and broken estate of that kingdom of Ireland, en-
tered into a most Christian and magnanimous reso-
lution to leave no faculty of her regal power or
policy unemployed fur the reduction of that people,
and for the suppressing and utter quenching of that
flame of rebellion, wherewith that country was
and is wastitd : whereupon her majesty was
pleased to take knowledge of the general conceit,
how the former making and managing of the
actions there had been taxed, upon two excep-
tions ; the one, that the proportions of forces which
had been there maintained and continued by sup-
plies, were not sufficient to bring the prosecutions
to a period: the other, that the prosecutions
had been also intermixed and interrupted with too
many temporizing treaties, whereby the rebel did
not only gather strength, but also find his strength
more and more, so as ever such smothers broke
forth again into greater flames. Which kind of
discourses and objections, as they were enter-
tained in a popular kind of observation, so were
they ever chiefly patronised and apprehended by.
the earl, both upon former times and occasions,
and now last when this matter was in deliberation.
So as her majesty, to acquit her honour and regal
function, and to give this satisfaction to herself
and others, that she had left no way untried,
resolved to undertake the action with a royal army
and puissant forces, under the leading of some
principal nobleman ; in such sort, that, as far as
human discourse might discern, it might be hoped,
that by the expedition of a summer, things might
be brought to that state, as both realms may feel
sonic ease and respiration; this from charge
and levies, and that from troubles and perils.
Upon this ground her majesty made choice of my
Lord of Essex for that service, a principal peer and
officer of her realm, a person honoured with the
trust ot' a privy counsellor, graced with the note
of her majesty's special favour, infallibly betoken-
ing and redoubling his worth and value, enabled
with the experience and reputation of former ser-
vices, aud honourable charges in the wars ; a man
every way eminent, select, and qualified for a gene- j
ral of a great enterprise, intended for the recovery
and reduction of that kingdom, and not only
or merely as a lieutenant or governor of Ireland.
My lord, after that he had taken the charge
upon him, fell straight ways to make propositions
answerable to her majesty's ends, and answerable
to his own former discourses and opinions; and
chiefly did set down one full and distinct resolution,
that the design and action, which of all others was
most final and summary towards an end of those
troubles, and which was worthy her majesty's
enterprise with great and puissant forces, was a
prosecution to be made upon the arch-traitor Tyrone
in his own strengths within the province of Ulster,
whereby both the inferior rebels which rely upon
him, and the foreigner upon whom he relieth,
might be discouraged, and so to cut asunder both
dependences : and for the proceeding with greater
strength and policy in that action, that the main
invasion and impression of her majesty's army
should be accompanied and corresponded unto by
the plantation of strong garrisons in the north, as
well upon the river of Loghfoile as a postern
of that province, as upon the hither frontiers, both
for the distracting and bridling of the rebels'
forces during the action, and again, for the keep-
ing possession of the victory, if God should send it.
This proposition and project moving from my
lord, was debated in many consultations. The
principal men of judgment and service in the wars,
as a council of war to assist a council of state,
were called at times unto' it; and this opinion of
my lord was by himself fortified and maintained
against all contradiction and opposite argument;
and in the end, " ex unanimi consensu," it was
concluded and resolved that the axe should be put
to the root of the tree: which resolution was
ratified and confirmed by the binding and royal
judgment of her sacred majesty, who vouchsafed
her kingly presence at most of those consultations.
According to a proposition and enterprise of
this nature, were the proportions of forces and
provisions thereunto allotted. The first propor-
tion set down by my lord was the number of
12,000 foot and 1,200 horse; which being agreed
unto, upon some other accident out of Ireland, the
earl propounded to have it made 14,000 foot, and
1,300 horse, which was likewise accorded ; within
a little while after the earl did newly insist to
have an augmentation of 2,000 more, using great
persuasions and confident significations of good
effect, if those numbers might be yielded to him,
as which he also obtained before his departure;
and besides the supplies of 2,000 arriving in July,
he had authority to raise 2,000 Irish more, which
he procured by his letters out of Ireland, with
pretence to further the northern service: so as
the army was raised in the conclusion and list to
16,000 foot, and 1,300 horse, supplied with 2,000
more at three months' end, and increased with
2,000 Irish upon this new demand ; whereby hex
THE PROCEEDINGS OF THE EARL OF ESSEX.
345
majesty at that time paid 18,000 foot and 1,300
horse in the realm of Ireland. Of these forces,
divers companies drawn out of the experienced
bands of the Low Countries ; special care taken
that the new levies in the country should be of
the ablest, and most disposed bodies ; the army
also animated and encouraged with the service of
divers brave and valiant noblemen and gentlemen
voluntaries; in sum, the most flourishing and
complete troops that have been known to have
been sent out of our nation in any late memory.
A great mass of treasure provided and issued,
amounting to such a total, as the charge of that
army, all manner of ways, from the time of the
first provisions and setting forth, to the time of
my lord's returning into England, was verified
to have drawn out of the coffers, besides the
charge of the country, the quantity of 300,000/.,
and so ordered as he carried with him three
months9 pay beforehand, and likewise victual,
munition, and all habiliments of war whatsoever,
with attendance of shipping allowed and furnished
in a sortable proportion, and to the full of all my
lord's own demands. For my lord being him-
self a principal counsellor for the preparations, as
he was to be an absolute commander in the exe-
cution, his spirit was in every conference and
conclusion in such sort, as when there happened
any points of difference upon demands, my lord
using the forcible advantages of the toleration and
liberty which her majesty's special favour did
give unto him, and the great devotion and for-
wardness of his fellow-counsellors to the general
cause, and the necessity of his then present ser-
vice, he did ever prevail and carry it ; insomuch
as it was objected and laid to my lord's charge
as one of his errors and presumptions, that he did
oftentimes, upon their propositions and demands,
enter into contestations with her majesty, more a
great deal than was fit. All which propositions
before mentioned being to the utmost of my
lord's own askings, and of that height and
greatness, might really and demonstratively ex-
press and intimate unto him, besides his particu-
lar knowledge which he had, as a counsellor of
estate, of the means both of her majesty and this
kingdom, that he was not to expect to have the
commandment of 16,000 foot and 1,300 horse, as
an appurtenance to his lieutenancy of Ireland,
which was impossible to be maintained ; but,
contrariwise, that in truth of intention he was
designed as general for one great action and ex-
pedition, unto which the rest of his authority was
but accessary and accommodate.
It was delivered further, that in the authority
of his commission, which was more ample in
many points than any former lieutenant had been
vested with, there were many direct and evident
marks of his designation to the northern action,
as principally a clause whereby " merum arbitrium
belli et pacis" was reposed in his sole trust and
Vol. II.
discretion, whereas all the lieutenants were ever
tied unto the peremptory assistance and admoni-
tion of a certain number of voices of the council
of Ireland. The occasion of which clause so
passed to my lord, doth notably disclose and
point unto the precise trust committed to my
lord for the northern journey ; for when his com-
mission was drawn at first according to former
precedents, and on the other side my lord insisted
strongly t > have this new and " prima facie" vast
and exorbitant authority, he used this argument ;
that the council of Ireland had many of them
livings and possessions in or near the province of
Lemster and Munster; but that Ulster was
abandoned from any such particular respects,
whereby it was like, the council there would be
glad to use her majesty's forces for the clearing
and assuring of those territories and countries
where their fortunes and estates were planted:
so as, if he should be tied to their voices, he were
like to be diverted from the main service intended :
upon which reason that clause was yielded unto.
So as it was then concluded, that all circum-
stances tended to one point, that there was a full
and precise intention and direction for Ulster, and
that my lord could not descend into the considera-
tion of his own quality and value; he could not
muster his fair army ; he could not account with
the treasurer, and take consideration of the great
mass of treasure issued ; he could not look into
the ample and new clause of his letters patent ;
ho could not look back, either to his own former
discourses, or to the late propositions whereof
himself was author, nor to the conferences, con-
sultations, and conclusions thereupon, nor prin-
cipally to her majesty's royal direction and ex-
pectation, nor generally to the conceit both of
subjects of this realm, and the rebels themselves
in Ireland ; but which way soever he turned, he
must find himself trusted, directed, and engaged
wholly for the northern expedition.
The parts of this that was charged were verified
by three proofs : the first, the most authentical
but the least pressed, and that was her majesty's
own royal affirmation, both by her speech now
and her precedent letters ; the second, the testi-
mony of the privy council, who upon their honours
did avouch the substance of that was charged,
and referred themselves also to many of their
lordships' letters to the same effect ; the third,
letters written from my lord after his being in
Ireland, whereby the resolution touching the de-
sign of the north is often knowledged.
There follow some clauses both of her majesty's
letters and of the lords of her council, and of the
earl's and the council of Ireland, for the verifica-
tion of this point.
Her majesty, in her letter of the 19th of July
to my Lord of Essex, upon the lingering of the
northern journey, doubting my lord did value
service, rather by the labour he endured, than by
346
THE PROCEEDINGS OF THE EARL OF ESSEX.
the advantage of her majesty's royal ends, hath
these words :
"You have in this despatch given us small
light, either when or in what order you intend
particularly to proceed to the northern action;
wherein if you compare the time that is run on,
and the excessive charges that are spent, with the
effects of any thing wrought by this voyage,
howsoever we remain satisfied with your own
particular cases and travails of body and mind,
yet you must needs think that we, that have the
eyes of foreign princes upon our actions, and have
the hearts of people to comfort and cherish, who
groan under the burden of continual levies and
impositions, which are occasioned by these late
actions, can little please ourself hitherto with any
thing that hath been effected.*9
In another branch of the same letter, reflecting
her royal regard upon her own honour interested
in this delay, hath these words :
" Where unto we will add this one thing that
doth more displease us than any charge or offence
that happens, which is, that it must be the Queen
of England's fortune, who hath held down the
greatest enemy she had, to make a base bush-kern
to be accounted so famous a rebel, as to be a per-
son against whom so many thousands of foot and
horse, besides the force of all the nobility of that
kingdom, must be thought too little to be em-
ployed."
In another branch, discovering, as upon the
vantage ground of her princely wisdom, what
would be the issue of the courses then held, hath
these words :
"And, therefore, although by your letter we
found your purpose to go northwards, on which
depends the main good of our service, and which
we expected long since should have been per-
formed ; yet, because we do hear it bruited, be-
sides the word 8 of your letter written with your
own hand, which carries some such sense, that
you, who allege such sickness in your army by
being travelled with you, and find so great and
important affairs to digest at Dublin, will yet en-
gage yourself personally into Ophalie, being our
lieutenant, when you have there so many inferiors
able, might victual a fort, or seek revenge against
those who have lately prospered against our
forces. And when we call to mind how far the
sun hath run his course, and what dependeth
upon the timely plantation of garrisons in the
north, and how great scandal it would be to our
honour to leave that proud rebel unassayed, when
we have with so great an expectation of our ene-
mies engaged ourselves so far in the action; so
that, without that be done, all those former courses
will prove like * via navis in mari ;' besides that
our power, which hitherto hath been dreaded by
potent enemies, will now even be held contempt-
ible amongst our rebels : we must plainly charge
you, according to the duty you owe to us, so to
unite soundness of judgment to the zeal you have
to do us service, as with all speed to pass thither
in such sort, as the axe might be put to the root
of that tree, which hath been the treasonable
stock from whom so many poisoned plants and
grafts have been derived ; by which proceedings
of yours, we may neither have cause to repent of
our employment of yourself for omitting those
opportunities to shorten the wars, nor receive in
the eye of the world imputation of so much weak-
ness in ourself, to begin a work without better
foresight what would be the end of our excessive
charge, the adventure of our people's lives, and
the holding up of our own greatness against a
wretch, whom we have raised from the dust, and
who could never prosper, if the charges we have
been put to were orderly employed."
Her majesty in her particular letter, written to
my lord the 30th of July, bindeth, still expressly
upon the northern prosecution, my lord "ad
principalia rerum," in these words :
"First, you know right well, when we yielded
to this excessive charge, it was upon no other
foundation than to which yourself did ever ad-
vise ub as much as any, which was, to assail the
northern traitor, and to plant garrisons in his
country; it being ever your firm opinion, amongst
other our council, to conclude that all that was
done in other kind in Ireland, was but waste and
consumption."
Her majesty, in her letter of the 9th of August
to my Lord of Essex and the council of Ireland,
when, after Munster journey, they began in a
new time to dissuade the northern journey in her
excellent ear, quickly finding a discord of men
from themselves, chargeth them in these words :
" Observe well what we have already written,
and apply your counsels to that which may
shorten, and not prolong the war; seeing never
any of you was of other opinion, than that all
other courses were but consumptions, except we
went on with the northern prosecution."
The lords of her majesty's council, in their
letter of the 10th of August to my Lord of Essex
and the council of Ireland, do in plain terms lay
before them the first plot, in these words :
! "We cannot deny but we did ground our coun-
sels upon this foundation, That there should have
been a prosecution of the capital rebels in the
north, whereby the war might have been short-
ened; which resolution, as it was advised by
yourself before your going, and assented to by
most part of the council of war that were called
to the question, so must we confess to your lord-
ship, that we have all this while concurred
with her majesty in the same desire and expect-
ation."
My Lord of Essex, and the council of Ireland,
in their letter of the 5th of May to the lords of the
council before the Munster journey, write " in 1mm
verba."
THE PROCEEDINGS OF THE EARL OF ESSEX.
347
•'Moreover, in your lordships' great wisdom,
you will likewise judge what pride the rebels will
grow to, what advantage the foreign enemy may
take, and what loss her majesty shall receive, if
this summer the arch-traitor be not assailed, and
garrisons planted upon him."
My Lord of Essex, in his particular letter of the
11th of July, to the lords of the council, after
Munster journey, writeth thus:
" As fast as I can call these troops together, I
will go look upon yonder proud rebel, and if I
find him on hard ground, and in an open country,
though I should find him in horse and foot three
for one, yet will I by God's grace dislodge him,
or put the council to the trouble of," &c.
The Earl of Essex, in his letter of the 14th of
August to the lords of the council, writeth out of
great affection, as it scemeth, in these words :
" Yet must these rebels be assailed in the height
of their pride, and our base clowns must be taught
to fight again: else will her majesty's honour
never be recovered, nor our nation valued, nor
this kingdom reduced."
Besides, it was noted, that whereas my lord and
the council of Ireland, had, by theirs of the 15th
of July, desired an increase of 2,000 Irish, pur-
posely for the better setting on foot of the northern
service; her majesty, notwithstanding her pro-
portions, by often gradations and risings, had
been raised to the highest elevation, yet was
pleased to yield unto it.
1. The first part conccrneth my lord's ingress
into his charge, and that which passed here be-
fore his going hence; now followeth an order,
both of time and matter, what was done after my
lord was gone into Ireland, and had taken upon
him the government by her majesty's commission.
2. The second part then of the first article was
to show, that my lord did willfully and contempt-
uously, in this great point of estate, violate and
infringe her majesty's direction before remem-
bered.
In delivering of the evidence and proofs of this
part, it was laid down for a foundation, that there
was a full performance on her majesty's part of
all the points agreed upon for this great prosecu-
tion, so as there was no impediment or cause of
interruption from hence.
This is proved by a letter from my Lord of
Essex and the council of Ireland to the lords of
the council here, dated 9th May, which was some
three weeks after my lord had received the sword,
by which time he might well and thoroughly
inform himself whether promise were kept in
all things or no, and the words of the letter are
these:
44 As your lordships do very truly set forth,
we do very humbly acknowledge her majesty's
chargeable magnificence and royal preparations
and transportations of men, munition, apparel,
money, and victuals, for the recovery of this
distressed kingdom ;" where note, the transporta-
tions acknowledged as well as the preparations.
Next, it was set down for a second ground,
that there was no natural nor accidental impedi-
ment in the estate of the affairs themselves,
against the prosecution upon Tyrone, but only
culpable impediments raised by the journey of
Munster.
This appeared by a letter from my lord and
the council of Ireland to the lords of the coun-
cil here, dated the 28th of April, whereby they
advertise, that the prosecution of Ulster, in re-
gard of lack of grass and forage, and the poor-
ness of cattle at that time of year, and such like
difficulties of the season, and not of the matter,
will in better time, and with better commodity
for the army, be fully executed about the middle
of June or beginning of July ; and signify, that
the earl intended a present prosecution should
be set on foot in Lemster: to which letters
the lords make answer by theirs of the 8th of
May, signifying her majesty's toleration of the
delay.
A DECLARATION
or THE
PRACTICES AND TREASONS,
ATTEMPTED AHD COMMITTED BY
ROBERT, LATE EARL OF ESSEX, AND HIS COMPLICES,
AGAINST HER MAJESTY AND HER KINGDOMS;
AND OF TBE PROCEEDINGS AS WELL AT TBI ABRAIGlfMENTS AND CONVICTIONS OF TBS SAID LATE BABX,
AND BIS ADHERENTS, AS ATT IE .' TOGETHER WITH THE VERT CONFESSIONS, AHD OTHER PABTS
Of TBE EVIDENCES THEMSELVES, WORD YOB WOBD, TAKER OUT OF THE OEI0IKAXS.
IMPRINTED ANNO 1601.*
Though public justice passed upon capital of-
fenders, according to the laws, and in course of
an honourable and ordinary trial, where the case
would have borne and required the severity of
martial law to have been speedily used, do in
itself carry a sufficient satisfaction towards all
men, specially in a merciful government, such as
her majesty's is approved to be : yet, because
there do pass abroad in the hands of many men
divers false and corrupt collections and relations
of the proceedings at the arraignment of the late
Earls of Essex and Southampton ; and, again,
because it is requisite that the world do under-
stand as well the precedent practices and induce-
ments to the treasons, as the open and actual
treasons themselves, though in a case of life it
was not thought convenient to insist at the trial
upon matter of inference or presumption, but
chiefly npon matter of plain and direct proofs;
therefore it hath been thought fit to publish to the i
world a brief declaration of the practices and j
treasons attempted and committed by Robert, late ;
Earl of Essex, and his complices against her ma-
jesty and her kingdoms, and of the proceedings
at the convictions of the said late earl and his j
adherents upon the same treasons: and not so
only, but therewithal, for the better warranting
and verifying of the narration, to set down in the
end the very confessions and testimonies them-
selves, word for word, taken out of the originals,
whereby it will be most manifest that nothing is
obscured or disguised, though it do appear by
divers most wicked and seditious libels thrown
abroad, that the dregs of these treasons which the
late Earl of Essex himself, a little before his
• Secants, Ml.
death, did term a leprosy, that had infected far
and near, do yet remain in the hearts and tongues
of some misatFected persons.
The most partial will not deny, but that Robert,
late Earl of Essex, was, by her majesty's mani-
fold benefits and graces, besides oath and allegi-
ance, as much tied to her majesty, as the subject
could be to the sovereign; her majesty having
heaped upon him both dignities, offices, and gifts,
in such measure, as within the circle of twelve
years, or more, there was scarcely a year of rest,
in which he did not obtain at her majesty's hands
some notable addition either of honour or profit
But he on the other side making these her ma-
jesty's favours nothing else but wings for his
ambition, and looking upon them not as her bene-
fits, but as his advantages, supposing that to be
his own metal which was but her mark and im-
pression, was so given over by God, who often
punisheth ingratitude by ambition, and ambition
by treason, and treason by final ruin, as he had
long ago plotted it in his heart to become a
dangerous supplanter of that seat, whereof he
ought to have been a principal supporter; in such
sort as now every man of common sense may dis-
cern not only his last actual and open treasons,
but also his former more secret practices and pre-
parations towards those his treasons, and that
without any gloss or interpreter, but himself and
his own doings.
For, first of all, the world can now expound
why it was that he did aspire, and had almost
attained unto a greatness, like unto the ancient
greatness of the " prefectus prastorio" under the
emperors of Rome, to have all men of war to
make their sole and particular dependence upon
him;. that with such jealousy and watchfulness
348
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 849
he sought to discountenance any one that might
be a competitor to him in any part of that great-
ness, that with' great violence and bitterness he
sought to suppress and keep down all the
worthiest martial men, which did not appropriate
their respects and acknowledgments only to-
wards himself. All which did manifestly detect
and distinguish, that it was not the reputation of
a famous leader in the wars which he sought, as
it was construed a great while, but only power
and greatness to serve his own ends, considering
he never loved virtue nor valour in another, but
where he thought he should be proprietary and
commander of it, as referred to himself.
So likewise those points of popularity which
every man took notice and note of, as his affable '
gestures, open doors, making his table and his bed
so popularly places of audience to suitors, deny-
ing nothing when he did nothing, feeding many
men in their discontentments against the queen
and the state, and the like; as they were ever
since Absalom's time the forerunners of treasons
following, so in him were they either the qualities
of a nature disposed to disloyalty, or the be-
ginnings and conceptions of that which after-
wards grew to shape and form.
But as it were a vain thing to think to search
the roots and first motions of treasons, which are
known to none but God that discerns the heart,
and the devil that gives the instigation ; so it is
more than to be presumed, being made apparent
by the evidence of all the events following, that
he carried into Ireland a heart corrupted in his
allegiance, and pregnant of those or the like trea-
sons which afterwards came to light.
For being a man by nature of a high imagina-
tion, and a great promiser to himself as well as to
others, he was confident that if he were once the
first person in a kingdom, and a sea between the
queen's seat and his, and Wales the nearest land
from Ireland, and that he had got the flower of
the English forces into his hands, which he
thought so to intermix with his own followers,
as the whole body should move by his spirit, and
if he might have also absolutely into his own
hands "potestatem vits et necis, et arbitrium
belli et pacis," over the rebels of Ireland, where-
by he might entice and make them his own, first
by pardons and conditions, and after by hopes to
bring them in place where they should serve for
hope of better booties than cows, he should be
able to make that place of lieutenancy of Ireland
at a rise or step to ascend to his desired greatness
in England.
And although many of these conceits were
windy, yet neither were they the less like to his;
neither are they now only probable conjectures or
comments upon these his last treasons, but the
very preludes of actions almost immediately sub-
sequent, as shall be touched in due place.
Bat, first, it was strange with what appetite and
thirst he did affect and compass the government
of Ireland, which he did obtain. For although
he made some formal shows to put it from him ;
yet in this, as in most things else, his desires
being too strong for his dissimulations, he did so
far pass the bounds of decorum, as he did in effect
name himself to the queen by such description
and such particularities as could not be applied
to any other but himself; neither did he so only,
but, farther, he was still at hand to offer and urge
vehemently and peremptorily exceptions to any
other that was named.
Then, after he once found that there was no man
but himself, who had other matters in his head,
so far in love with that charge, as to make any
competition or opposition to his pursuit, whereby
he saw it would fall upon him, and especially
after himself was resolved upon; he began to
make propositions to her majesty by way of taxa-
tion of the former course held in managing the
actions of Ireland, especially upon three points ;
the first, that the proportions of forces which had
been there maintained and continued by supplies,
were not sufficient to bring the prosecutions there
to period. The second, that the axe had not
been put to the root of the tree, in regard thero
had not been made a main prosecution upon the
arch-traitor, Tyrone, in his own strength, within
the province of Ulster. The third, that the prose-
cutions before time had been intermixed and inter-
rupted with too many temporizing treaties, where-
by the rebel did ever gather strength and reputa-
tion to renew the war with advantage. All which
goodly and well-sounding discourses, together
with the great vaunts, that he would make the
earth tremble before him, tended but to this, that
the queen should increase the list of her army,
and all proportions of treasure and other furniture,
to the end his commandment might be the greater.
For that he never intended any such prosecution,
may appear by this, that even at the time be. fere
his going into Ireland, he did open himself so far
in speech to Blunt, his inward est counsellor,
" That he did assure himself that many of the
rebels in Ireland would be advised by him :" so
far was he from intending any prosecution towards
those in whom he took himself to have interest.
But his ends were two; the one, to get great
forces into his hands; the other, to oblige the
heads of the rebellion unto him, and to make
them of his party. These two ends had in them-
selves a repugnancy; for the one imported prcse-
oution, and the other treaty : but he that meant
to be too strong to be called to account for any
thing, and meant besides, when he was once in
Ireland, to engage himself in other journeys that
should hinder the prosecution in tfie north, took
things in order as they made for him ; and so first
did nothing, as was said, but trumpet a final and
utter prosecution against Tyrone in the north, to
the end, to have his forces augmented.
SG
850 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
Hut yet he forgat not his other purpose of
making himself strong by a party amongst the
rebels, when it came to the scanning of the
clauses of his commission. For then he did
insist, and that with a kind of contestation, that
the pardoning, no, not of Tyrone himself, the
capital rebel, should be excepted and reserved to
her majesty's immediate grace; being infinitely
desirous that Tyrone should not look beyond him
for his life or pardon, but should hold his fortune
as of him, and account for it to him only.
So, again, whereas, in the commission of the
Earl of Sussex, and of all other lieutenants or
deputies, there was ever in that clause, which
giveth unto the lieutenant or deputy that high or
regal point of authority to pardon treasons and
traitors, an exception contained of such cases of
treason as are committed against the person of the
king; it was strange, and suspiciously strange
even at that time, with what importunity and in-
stance he did labour, and in the end prevailed to
have that exception also omitted, glossing then,
that because he had heard that, by strict exposi-
tion of law, (a point in law that he would needs
forget at his arraignment, but could take know-
ledge of it before, when it was to serve his own
ambition,) all treasons of rebellion did tend to
the destruction of the king's person, it might
breed a buz in the rebels9 heads, and so discourage
them from coming in: whereas he knew well
that in all experience passed, there was never
rebel made any doubt or scruple upon that point
to accept of pardon from all former governors,
who had their commissions penned with that
limitation, their commissions being things not
kept secretly in a box, but published and record-
ed: so as it appeared manifestly, that it was a
mere device of his own out of the secret Teaches
of his heart, then not revealed ; but it may be
shrewdly expounded since, what his drift was, by
those pardons which he granted to Blunt the
marshal, and Thomas Lee, and others, that his
care was no less to secure his own instruments
than the rebels of Ireland.
Yet was there another point -for which he did
contend and contest, which was, that he might
not be tied to any opinion of the council of Ire-
land, as all others in certain points, as pardoning
traitors, concluding war and peace, and some
other principal articles, had been before him; to
the end he might be absolute of himself, and be
fully master of opportunities and occasions for the
performing and executing of his own treasonable
ends.
But after he had once, by her majesty's singu-
lar trust and favour toward him, obtained his
patent of commission as large, and his list of
forces as full as he desired, there was an end in
his course of the prosecution in the north. For,
being arrived into Ireland, the whole carriage of
his actions there was nothing else but a cunning
defeating of that journey, with an intent, as ap-
peared, in the end of the year, to pleasure and
gratify the rebel with a dishonourable peace, and
to contract with him for his own greatness.
Therefore, not long after he had received the
sword, he did voluntarily engage himself in an
unseasonable and fruitless journey into M mister,
a journey never propounded in the council there,
never advertised over hither while it was past:
by which journey her majesty's forces, which
were to be preserved entire, both in vigour and
number for the great prosecution, were harassed
and tired with long marches together, and the
northern prosecution was indeed quite dashed
and made impossible.
But, yet, still doubting he might receive from
her majesty some quick and express command-
ment to proceed ; to be sure he pursued his former
device of wrapping himself in other actions, and
so set himself on work anew in the county of
Ophaley, being resolved, as is manifest, to dally
out the season, and never to have gone that jour-
ney at all : that setting forward which he made
in the very end of August, being but a mere play
and a mockery, and for the purposes which now
shall be declared.
After he perceived that four months of the
summer, and three parts of the army were wasted,
he thought now was a time to set on foot such a
peace, as might be for the rebels' advantage, and
so to work a mutual obligation between Tyrone
and himself; for which purpose he did but seek
a commodity. He had there with him in his
army one Thomas Lee, a man of a seditious and
working spirit, and one that had been privately
familiar and entirely beloved of Tyrone, and one
that afterwards, immediately upon Essex's open
rebellion, was apprehended for a desperate attempt
of violence against her majesty's person ; which
he plainly confessed, and for which he suffered.
Wherefore, judging him to be a fit instrument, be
made some signification to Lee of such an em-
ployment, which was no sooner signified than
apprehended by Lee. He gave order also to Sir
Christopher Blunt, marshal of his army, to license
Lee to go to Tyrone, when he should require it
But Lee thought good to let slip first unto Tyrone,
which was, nevertheless, by the marshal's war*
rant, one James Knowd, a person of wit and suf-
ficiency, to sound in what terms and humours
Tyrone then was. This Knowd returned a mes-
sage from Tyrone to Lee, which was, That if the
Earl of Essex would follow Tyrone's plot, be
would make the Earl of Essex the greatest man
that ever was in England : and, farther, that if
the earl would have conference with him, Tyrone
would deliver his eldest son in pledge for his
assurance. This message was delivered by
Knowd to Lee, and by Lee was imparted to the
Earl of Essex, who, after this message, employed
Lee himself to Tyrone, and by his negotiating,
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 851
whatsoever pawed eke, prepared and disposed
Tyrone to the parley.
And this employment of Lee was a matter of
that guiltiness in my lord, as, being charged with
it at my lord keeper's only in this nature, for the
message of Knowd was not then known, that
when he pretended to assail Tyrone, he had
before underhand agreed upon a parley, my lord
utterly denied it that he ever employed Lee to
Tyrone at all, and turned it upon Blunt, whom
he afterwards required to take it upon him, having
before sufficiently provided for the security of all
parts, for he had granted both to Blunt and Lee
pardons of all treasons under the great seal of
Ireland, and so, himself disclaiming it, and they
being pardoned, all was safe.
But when that Tyrone was by these means,
besides what others, God knows, prepared to
demand a parley, now was the time for Essex to
acquit himself of all the queen's commandments,
and his own promises and undertakings for the
northern journey ; and not so alone, but to have
the glory at the disadvantage of the year, being
but *2,500 strong of foot, and 300 of horse, after
the fresh disaster of Sir Conyers Clifford, in the
height of the rebels' pride, to set forth to assail,
and then that the very terror and reputation of my
Lord of Essex's person was such as did daunt him,
and make him stoop to seek a parley ; and this
wait the end he shot at in that September journey,
being a mere abuse and bravery, and but induce-
ments only to the treaty, which was the only
matter he intended. For Essex drawing now to-
wards the catastrophe, or last part of that tragedy,
for which he came upon the stage in Ireland, his
treasons grow to a farther ripeness. For, know-
ing how unfit it was for him to communicate with
any English, even of those whom he trusted
most, and meant to use in other treasons, that he
had an intention to grow to an agreement with
Tyrone, to have succours from him for the usurp-
ing upon the state here ; (not because it was more
dangerous than the rest of his treasons, but be-
cause it was more odious, and in a kind mon-
strous, that he should conspire with such a rebel,
against whom he was sent; and therefore might
adventure to alienate men's affections from him ;)
he drave it to this, that there might be, and so
there was, under colour of treaty, an interview
and private conference between Tyrone and him-
self only, no third person admitted. A strange
course, considering with whom he dealt, and
especially considering what message Knowd had
brought, which should have made him rather call
witnesses to him, than avoid witnesses. But he
being only true to his own ends, easily dispensed
with all such considerations. Nay, there was
such careful order taken, that no person should
overhear one word that passed between them two,
an, because the place appointed and used for the
parley was such, as there was the depth of a brook
between them, which made them speak with some
loudness, there were certain horsemen appointed
by order from Essex, to keep all men off a great
distance from the place.
It is true, that the secrecy of that parley, as it
gave to him the more liberty of treason, so it may
give any man the more liberty of surmise what
was then handled between them, inasmuch as
nothing can be known, but by report from one of
them two, either Essex or Tyrone.
But although there were no proceeding against
Essex upon these treasons, and that it were a
needless thing to load more treasons upon him
then, whose burden was so great after; yet, for
truth's sake, it is fit the world know what is
testified touching the speeches, letters, and re-
ports of Tyrone, immediately following this con-
ference, and observe also what ensued likewise
in the designs of Essex himself.
On Tyrone's part it fell out, that the very day
after that Essex came to the court of England,
Tyrone having conference with Sir William
Warren at Armagh, by way of discourse told him,
and bound it with an oath, and iterated it two or
three several times; That within two or three
months he should see the greatest alterations and
strangest that ever he saw in his life, or could
imagine : and that he, the said Tyrone, hoped ere
long to have a good share in England. With
this concurred fully the report of Richard Bre-
mingham, a gentleman of the pale, having made
his repair about the same time to Tyrone, to right
him in a cause of land ; saving that Bremingham
delivers the like speech of Tyrone to himself; but
not what Tyrone hoped, but what Tyrone had
promised in these words, That he had promised,
it may be thought to whom, ere long to show his
face in England, little to the good of England.
These generalities coming immediately from the
report of Tyrone himself, are drawn to more par-
ticularity in a conference had between the Lord
Fitz-Morrice, Baron of Liksnaw in Munstcr, and
one Thomas Wood, a person well reputed of,
immediately after Essex coming into England.
In which conference Fitz-Morrice declared unto
Wood, that Tyrone had written to the traitorous
titulary Earl of Desmond to inform him, that the
condition of that contract between Tyrone and
Essex was, That Essex should be King of Eng-
land ; and that Tyrone should hold of him the
honour and state of Viceroy of Ireland ; and that
the proportion of soldiers which Tyrone should
bring or send to Essex, were 8,000 Irish. With
which concurreth fully the testimony of the said
James Knowd, who, being in credit with Owny
Mac Roory, chief of the Omoores in Lemster,
was used as a secretary for him, in the writing
of a letter of Tyrone, immediately after Essex
coming into England. The effect of which letter
was, To understand 6ome light of the secret
agreement between the Earl of Essex and Tyrone,
352 DECLARATION OF THE TREASON OF ROBERT, EARL OF E8SEX.
that he, the said Owny, might frame his course I carry with him of the army in Ireland as much at
accordingly. Which letter, with farther instruc- he could conveniently transport, at least the
tions to the same effect, was, in the presence of j choice of it, to the number of two or three thoo-
Knowd, delivered to Turlagh Macdauy, a man of ; sand, to secure and make good his first descent
trust with Owny, who brought an answer from on shore, purposing to land them at Milford-
Tyrone : the contents whereof were, That the Haven in Wales, or thereabouts : not doubting,
Earl of Essex had agreed to take his part, and
that they should aid him towards the conquest of
England.
but that his army would so increase within a
small time, by such as would come in to him, as
he should he able to march with his power to
Besides, very certain it is, and testified by London, and make his own conditions as he
divers credible persons, that immediately upon . thought good. But both Southampton and Blunt
this parley, there did fly abroad, as sparkles of
this fire, which it did not concern Tyrone so
much to keep secret, as it did Essex, a general
dissuaded him from this enterprise; Blunt alleg-
ing the hazard of it, and that it would make him
odious : and Southampton utterly disliking of
and received opinion, that went up and down in , that course, upon the same and many other rea-
the mouths both of the better and meaner sort of
sons. Howbeit, thereupon Blunt advised him
rebels ; That the Earl of Essex was theirs, and rather to another course, which was to draw forth
they his ; and that he would never leave the one of the army some 200 resolute gentlemen, and
sword, meaning that of Ireland, till he had gotten I with those to come over, and so to make sure of
the other in England ; and that he would bring | the court, and so to make his own conditions,
thern to serve, where they should have other i Which confessions it is not amiss to deliver, by
manner of booties than cows; and the like ' what a good providence of God they came to
speeches. And Thomas Lee himself, who had light: for they could not be used at Essex's
been, as was before declared, with Tyrone two arraignment to charge him, because they were
or three days, upon my lord's sending, and had uttered after his death.
sounded him, hath left it confessed under his ; But Sir Christopher Blunt at his arraignment,
hand; That he knew the Earl of Essex and being charged that the Earl of Essex had set it
Tyrone to be one, and to run the same courses, j down under his hand, that he had been a principal
And certain it is also, that immediately upon - instigator of him to his treasons, in passion brako
that parley, Tyrone grew into a strange and un-
wonted pride, and appointed his progresses and
visitations to receive congratulations and homages
from his confederates, and behaved himself in all
things as one that had some new spirit of hope
and courage put into him.
But on the Earl of Essex his part ensued im-
mediately after this parley a strange motion and
forth into these speeches : That then he must be
forced to disclose what farther matters he had
held my lord from, and desired for that purpose,
because the present proceeding should not be
interrupted, to speak with the Lord Admiral and
Mr. Secretary after his arraignment, and so fell
most naturally, and most voluntarily into this his
confession, which, if it had been thought fit to
project, which, though no doubt he had harboured j have required of him at that time publicly, he hid
in his breast before ; yet, for any thing yet ap- delivered before his conviction. And the same
peareth, he did not utter and break with any in it, : confession he did after, at the time of his execs*
before he had been confirmed and fortified in his | tion, constantly and fully confirm, discourse pax-
purpose, by the combination and correspondence ticularly, and take upon his death, where never
which he found in Tyrone upon their conference. ' any man showed less fear, nor a greater resolution
Neither is this a matter gathered out of reports, to die.
but confessed directly by two of his principal; And the same matter, so by him confessed, wis
friends and associates, being witnesses upon their , likewise confessed with the same circumstances
own knowledge, and of that which was spoken to of time and place by Southampton, being sere*
themselves : the substance of which confession is rally examined thereupon,
this : That a little before my lord's coming over I So as now the world may see how long since
into England, at the castle of Dublin, where Sir j my lord put off his vizard, and disclosed the
Christopher Blunt lay hurt, having been lately secrets of his heart to two of his most confident
removed thither from Rheban, a castle of Thomas friends, falling upon that unnatural and detestable
Lee's, and placed in a lodging that had been my treason, whereunto all his former actions in hit
Lord of Southampton's; the Earl of Essex took ■ government in Ireland, and God knows how long
the Earl of Southampton with him to visit Blunt, before, were but introductions,
and there being none present but they three, my But finding that these two persons, which of
Lord of Essex told them, he found it now neces- , all the rest he thought to have found forwardest,
-sary for him to go into England, and would Southampton, whose displacing he had made hit
advise with them of the manner of his going, ' own discontentment, having placed him no quet-
since to go he was resolved. And thereupon tion to that end, to find cause of discontentment,
propounded unto them, that he thought it fit to and Blunt, a man so enterprising and prodigal of
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 358
his own life, as himself termed himself at the
bar, did not applaud to this his purpose, and
thereby doubting how coldly he should find others
minded, that were not so near to him ; and, there-
fore, condescending to Blunt's advice to surprise
the court, he did pursue that plot accordingly, and
came over with a selected company of captains
and voluntaries, and such as he thought were
most affectionate unto himself, and most resolute,
though not knowing of his purpose. So as even
at that time every man noted and wondered what
the matter should be, that my lord took his most
particular friends and followers from their com-
panies, which were countenance and means unto
them, to bring them over. But his purpose, as in
part was touched before, was this ; that if he held
his greatness in court, and were not committed,
which, in regard of the miserable and deplored
estate he left Ireland in, whereby he thought the
opinion here would be that his service could not
be spared, he made full account he should not be,
then, at the first opportunity, he would execute
the suq>rise of her majesty's person. And if he
were committed to the Tower, or to prison, for his
contempts, for, besides his other contempts, he
came over expressly against the queen's prohibi-
tion under her signet, it might be the care of some
of his principal friends, by the help of that choice
and resolute company which he brought over, to
rescue him.
But the pretext of his coming over was, by the
efficacy of his own presence and persuasion to
have moved and drawn her majesty to accept of
such conditions of peace as he had treated of with
Tyrone in his private conference; which was
indeed somewhat needful, the principal article of
them being. That there should be a general resti-
tution of rebels in Ireland to all their lands and
possessions, that they could pretend any right to
before their going out into rebellion, without
reservation of such lands, as were by act of par-
liament passed to the crown, and so planted with
English, both in the time of Queen Mary, and
since; and without difference either of time of
their going forth, or nature of their offence, or
other circumstance : tending in effect to this, that
all the queen's good subjects, in most of the pro-
vinces, should have been dis planted, and the
country abandoned to the rebels.
When this man was come over, his heart thus
fratighted with treasons, and presented himself to
her majesty; it pleased God, in his singular pro-
vidence over her majesty, to guide and hem in
h«*r proceeding towards him in a narrow way of
stfety between two perils. For neither did her
majesty leave him at liberty, whereby he might
have commodity to execute his purpose; nor
restrain him in any such nature, as might signify
or betoken matter of despair of his return to court
and favour. And so the means of present mis-
chief being taken away, and the humours not
Vol. II.— 45
stirred, this matter fell asleep, and the thread of
his purposes was cut off. For coming over about
the end of September, and not denied access and
conference with her majesty, and then being
commanded to his chamber at court for some
days, and from thence to the lord keeper's house,
it was conceived that these were no ill signs. At
my lord keeper's house he remained till some few
days before Easter, and then was removed to his
own house, under the custody of Sir Richard
Barkley, and in that sort continued till the end of
Trinity term following.
For her majesty, all this while looking into his
faults with the eye of her princely favour, and
loath to take advantage of his great offences, in
other nature than as contempts, resolved so to
proceed against him, as might, to use her majes-
ty's own words, tend " ad correctionem, et non ad
ruinam."
Nevertheless, afterwards, about the end of Tri-
nity term the following, for the better satisfaction
of the world, and to repress seditious bruits and
libels which were dispersed in his justification,
and to observe a form of justice before he should
be set at full liberty ; her majesty was pleased to
direct, tlnit there should be associated unto her
privy council some chosen persons of her nobility,
and of her judges of the law, and before them
his cause, concerning the breaking of his instruc-
tions for the northern prosecution, and the man-
ner of his treating with Tyrone, and his coming
over, and leaving the kingdom of Ireland contrary
to her majesty's commandment, expressed as
well by signification thereof, made under her
royal hand and signet, as by a most binding and
effectual letter written privately to himself, to
receive a hearing; with limitation, nevertheless,
that he should not be charged with any point of
disloyalty; and with like favour directed, that he
should not be called in question in the open and
ordinary place of offenders, in the Star Chamber,
from which he had likewise, by a most penitent
and humble letter, desired to be spared, as that
which would have wounded him forever, as he
affirmed, but in a more private manner, at my
lord keeper's house. Neither was the effect of
the sentence, that there passed against him, any
more than a suspension of the exercise of some
of his places : at which time also, Essex, that
could vary himself into all shapes for a time, in-
finitely desirous, as by the sequel now appeareth,
to be at liberty to practise and revive his former
purposes, and hoping to set into them with better
strength than ever, because he conceived the
people's hearts were kindled to him by his trou-
bles, and that they had made great demonstrations
of as much; he did transform himself into such
a strange and dejected humility, as if he had
been no man of this world, with passionate pro-
testations that he called God to witness, That he
had made an utter divorce with the world ; and
2g2
854 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
he desired her majesty's favour not for any
worldly respect, but for a preparative for a " Nunc
dimitti8 ;" and that the tears of his heart had
quenched in him all humours of ambition. All
this to make her majesty secure, and to lull the
world asleep, that he was not a man to be held
any ways dangerous.
Not many days after, Sir Richard Bark ley, his
keeper, was removed from him, and he set at
liberty with this admonition only, that he should
not take himself to be altogether discharged,
though he were left to the guard of none but his
own discretion. Dut he felt himself no sooner
upon the wings of his liberty, but, notwithstand-
ing his former shows of a mortified estate of
mind, he began to practise afresh as busily as
ever, reviving his former resolution ; which was
the surprising and possessing the queen's person
and the court. And that it may appear how
early after his liberty he set his engines on work,
having long before entertained into his service,
and during his government in Ireland drawn !
near unto him in the place of his chief secretary, ;
one Henry Cufie, a base fellow by birth, but a
great scholar, and indeed a notable traitor by the
book, being otherwise of a turbulent and muti-
nous spirit against all superiors.
This fellow, in the beginning of August, which
was not a month after Essex had liberty granted,
fell of practising with Sir Henry Ncvil, that
served her majesty as lieger ambassador with the
French king, and then newly come over into
England from Bulloign, abusing him with a
false lie and mere invention, that his service was
blamed and misliked, and that the imputation of
the breach of the treaty of peace held at Bulloign
was like to light upon him, when there was no
colour of any such matter, only to distaste him
of others, and to fasten him to my lord, though
he did not acquaint him with any particulars of
my lord's designs till a good while after.
But my lord having spent the end of the sum-
mer, being a private time, when everybody was
out of town and dispersed, in digesting his own
thoughts, with the help and conference of Mr.
Cufie, they had soon set down between them the
ancient principle of traitors and conspirators,
which was, to prepare many, and to acquaint
few ; and, after the manner of miners, to make
ready their powder, and place it, and then give fire
but in the instant. Therefore, the first consid-
eration was of such persons as my lord thought
fit to draw to be of his party ; singling out both
of nobility and martial men, and others, such
as were discontented or turbulent, and such
as were weak of judgment, and easy to be
abused, or such as were wholly dependents and
followers, for means or countenance, of himself,
Southampton, or some other of his greatest asso-
ciates.
And knowing there were no such strong and
drawing cords of popularity as religion, he had
not neglected, both at this time and long before,
in a profane policy to serve his turn, for his own
greatness, of both sorts and factions, both of
Catholics and Puritans, as they term them, turn-
ing his outside to the one, and his inside to the
other ; and making himself pleasing and gracious
to the one sort by professing zeal, and frequenting
sermons, and making much of preachers, and
secretly underhand giving assurance to Bloat,
Davis, and divers others, that, if he might pre-
vail in his desired greatness, he would bring in a
toleration of the Catholic religion.
Then having passed the whole Michaelmas
term in making himself plausible, and in drawing
concourse about him, and in affecting and alluring
men by kind provocations and usage, wherein,
because his liberty was qualified, he neither for-
got exercise of mind nor body, neither sermon
nor tennis-court, to give the occasion and freedom
of access and concourse unto him, and much
other practice and device ; about the end of that
term, towards Christmas, he grew to a more
framed resolution of the time and manner, when
and how he would put his purpose in execution.
And first, about the end of Michaelmas term, it
passed as a kind of cipher and watch-word
among his friends and followers, That my lord
would stand upon his guard ; which might re-
ceive construction, in a good sense, as well
guard of circumspection, as guard of force: but
to the more private and trusty persons he was
content it should be expounded that he would be
cooped up no more, nor hazard any more restraints
or commandments.
But the next care was how to bring such
persons, as he thought fit for his purpose, into
town together, without vent or suspicion, to be
ready at the time, when he should put his design
in execution ; which he had concluded should be
some time in Hilary term; wherein he found
many devices to draw them up, some for suits in
law, and some for suits in court, and some for
assurance of land : and one friend to draw up
another, it not being perceived that all moved
from one head. And it may be truly noted, that
in the catalogue of those persons that were the
eighth of February in the action of open rebellion,
n man may find almost out of every country of
England some ; which could not be by chance or
constellation: and in the particularity of exami-
nations, too long to be rehearsed, it was easy
to trace in what sort many of them were brought
up to town, and hold in town upon several
pretences. But in Candlemas term, when the
time drew near, then was he content consultation
should be had by certain choice persons, npon
the whole matter and course which he should
hold. And because he thought himself and his
own house more observed, it was thought fit
that the meeting and conference should be at
DECLARATION OP THE TREASON OF ROBERT, EARL OF ESSEX. 855
Drury House, where Sir Charles Davere lodged.
There met at this council, the Earl of Southamp-
ton, with whom in former times he had been at
some emulations and differences in court: but
after, Southampton having married his kinswo-
man, and plunged himself wholly into his for-
tune, and beings his continual associate in Ireland,
he accounted of him as most assured unto him,
and had long ago in Ireland acquainted him with
his purpose, as was declared before : Sir Charles
Davere, one exceedingly devoted to the Earl
of Southampton, upon affection begun first upon
the deserving of the same earl towards him,
when he was in trouble about the murder of one
Long : Sir Ferdinando Gorge, one that the Earl
of Essex had of purpose sent for up from his
government at Plymouth by his letter, with par-
ticular assignation to be here before the second
of February : Sir John Davis, one that had been
his servant, and raised by him, and that bare
office in the Tower, being surveyor of the ord-
nance, and one that he greatly trusted: and
John Littleton, one they respected for his wit
and valour.
The consultation and conference rested upon
three parts : the perusal of a list of those persons,
whom they took to be of their party ; the consi-
deration of the action itself which they should set
afoot, and how they should proceed in it; and
the distribution of the persons, according to tho
action concluded on, to their several employ-
ments.
The list contained the number of sixscore per-
sons, noblemen, and knights, and principal gen-
tlemen, and was, for the more credit's sake, of the
Earl of Essex's own handwriting.
For the action itself, there was proposition
made of two principal articles : the one of pos-
sessing the Tower of London ; the other of sur-
prising her majesty's person and the court; in
which also deliberation was had, what course to
hold with the city, either towards the effecting of
the surprise, or after it was effected.
For the Tower, was alleged the giving a repu-
tation to the action, by getting into their hand the
principal fort of the realm, with the stores and
provisions thereunto appertaining, the bridling of
the city by that piece, and commodity of entrance
in and possessing it, by the means of Sir John
Davis. But this was by opinion of all rejected,
as that which would distract their attempt from
the more principal, which was the court, and as
that which they made a judgment would follow
incidently, if the court were once possessed.
But the latter, which was the ancient plot, as
was well known to Southampton, was in the end,
by the general opinion of them all, insisted and
rested upon.
And the manner how it should be ordered and
disposed was this : That certain selected persons
of their number, such as were well known in
court, and might have access, without check or
suspicion, into the several rooms in court, accord-
ing to the several qualities of the persons, and the
differences of the rooms, should distribute them-
selves into the presence, the guard-chamber, the
hall, and the utter court and gate, and some one
principal man undertaking every several room,
with the strength of some few to be joined with
him, every man to make good his charge, accord-
ing to the occasion. In which distribution, Sir
Charles Davers was then named to the presence,
and to the great chamber, where he was appointed,
when time should be, to seize upon the halberds
of the guard ; Sir John Davis to the hall ; and Sir
Christopher Blunt to the utter gate; these seem-
ing to them the three principal wards of consi-
deration : and that things being within the court
in a readiness, a signal should be given and sent
to Essex, to set forward from Essex House, being
no great distance off. Whereupon Essex, accom-
panied with the noblemen of his party, and such
as should be prepared and assembled at his house
for that purpose, should march towards the court;
and that the former conspirators already entered
should give correspondence to them without, as
well by making themselves masters of the gates
to give them entrance, as by attempting to get
into their hand upon the sudden the halberds of
the guard, thereby hoping to prevent any great
resistance within, and by filling all full of tumult
and confusion.
This being the platform of their enterprise, the
second act of this tragedy was also resolved,
which was, that my lord should present himself
to her majesty, as prostrating himself at her feet,
and desire the remove of such persons as he called
his enemies from about her. And after that my
lord had obtained possession of the queen, and the
state, he should call his pretended enemies to a
trial upon their lives, and summon a parliament,
and alter the government, and obtain to himself
and his associates such conditions as seemed to
him and them good.
There passed a speech also in this conspiracy
of possessing the city of London, which Essex
himself, in his own particular and secret inclina-
tion, had ever a special mind unto : not as a de-
parture or going from his purpose of possessing
the ccjrt, but as an inducement and preparative
to perform it upon a surer ground; an opinion
bred in him, as may be imagined, partly by the
great overweening he had of the love of the citi-
zens ; but chiefly, in all likelihood, by a fear, that
although he should have prevailed in getting her
majesty's person into his hands for a time, with
his two or three hundred gentlemen, yet the very
beams and graces of her majesty's magnanimity
and prudent carriage in such disaster, working
with the natural instinct of loyalty, which, of
course, when fury is over, doth ever revive in the
hearts of subjects of any good blood or mind, such
<
850 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
as his troop for the more part was compounded of,
though by him seduced and bewitched, would
quickly break the knot, and cause some disunion
and separation amongst them, whereby he might
have been left destitute, except he should build
upon some more popular number, according to the
nature of all usurping rebels, which do ever trust
more in the common people, than in persons of
sort or quality. And this may well appear by
his own plot in Ireland, which was to have come
with the choice of the army, from which he was
diverted, as before is showed. So as his own
courses inclined ever to rest upon the main
strength of the multitude, and not upon surprises,
or the combinations of a few.
But to return : these were the resolutions taken
at that consultation, held by these five at Drury
House, some five or six days before the rebellion, j
to be reported to Essex, who ever kept in himself
the binding and directing voice: which he did to
prevent all differences that might grow by dissent
or contradiction. And, besides, he had other per- !
sons, which were Cuflfe and Blunt, of more in- !
wardness and confidence with him than these,
Southampton only excepted, which managed that
consultation. And, for the day of the enterprise,
which is that must rise out of the knowledge of
all the opportunities and difficulties, it was refer-
red to Essex his own choice and appointment ; it
being, nevertheless, resolved, that it should be
some time before the end of Candlemas term.
But this council and the resolutions thereof,
were in some points refined by Essex, and Cuflfe,
and Blunt: for, first, it was thought good, fur the
bettor making sure of the utter gate of the court,
and the greater celerity and suddenness, to have
a troop at receipt to a competent number, to have
come from the Mews, where they should have
been assembled without suspicion in several com-
panies, and from thence cast themselves in a
moment upon the court gate, and join with them
which are within, while Essex with the main of
his company were making forward.
It was also thought fit, that because they would
be commonwealth's men, and foresee, that the
business and service of the public state should
not stand still ; they should have ready at court,
and at hand, certain other persons to be offered,
to supply the offices and places of such her ma- ,
jesty's counsellors and servants, as they should
demand to be removed and displaced.
But chiefly it was thought good, that the as-
sembling of their companies together should be
upon some plausible pretext : both to make divers
of their company, that understood not the depth
of the practices, the more willing to follow them;
and to engage themselves, and to gather them
together the better without peril of detecting or
interrupting: and, again, to take the court the
more unprovided, without any alarm given. So
as now there wanted nothing but tho assignation
of the day : which, nevertheless, was resolved in-
definitely to be before the end of the term, as was
said before, for the putting in execution of this
most dangerous and execrable treason. But Gi-d,
who had in his divine providence long ago cursed
this action with the curse that the psalm speaketh
of, "That it should be like the untimely fruit of
a woman, brought forth before it came to perfec-
tion," so disposed above, that her majesty, under-
standing by a general charm and muttering cf the
great and universal resort to Essex House, con-
trary to her princely admonition, and somewhat
differing from his former manner, as there could
not be so great fire without some smoke, upon the
seventh of February, the afternoon before this
rebellion, sent to Essex House Mr. Secretary Her-
bert, to require him to come before the lords cf
her majesty's council, then sitting in council at
Salisbury-court, being the lord treasurer's house:
where it was only intended, that he should hare
received some reprehension, for exceeding the
limitations of his liberty, granted to him in a
qualified manner, without any intention towards
him of restraint; which he, under colour of not
being well, excused to do: but his own guilty
conscience applying it, that his trains were dis-
covered, doubting peril in any farther delay, de-
termined to hasten his enterprise, and to set it on
foot the next day.
But then again, having some advertisement in
the evening, that the guards were doubled at
court, and laying that to the message he had re-
ceived overnight ; and so concluding that alarm
was taken at court, he thought it to be in vain to
think of the enterprise of the court, by way of
surprise : but that now his only way was, to come
thither in strength, and to that end first to attempt
the city : wherein he did but fall back to his own
former opinion, which he had in no sort neglected,
but had formerly made some overtures to prepare
the city to take his part; relying himself, besides
his general conceit, that himself was the darling
and minion of the people, and specially of the
city, more particularly upon assurance given of
Thomas Smith, then sheriff of London, a mtn
well beloved amongst the citizens, and one thai
had some particular command of some of the
trained forces of the city, to join with him. Hav-
ing therefore concluded upon this determination,
now was the time to execute in fact all that he
had before in purpose digested.
First, therefore, he concluded of a pretext
which was ever part of the plot, and which he
had meditated upon and studied long before.
For finding himself, thanks be to God, to seek,
in her majesty's government, of any just pretext
in matter of state, cither of innovation, oppres-
sion, or any unworthiness : as in all his former
discontentments he had gone the beaten path of
traitors, turning their imputation upon counsel-
lors, and persons of credit with their sovereign;
DECLARATION QF THE TREASON OF ROBERT, EARL OF ESSEX. 867
so now ho was forced to descend to the pretext of
a private quarrel, giving out this speech, how
that evening, when he should have been called
before the lords of the council, there was an
ambuscade of musketeers placed upon the water,
by the device of my Lord Cob ham and Sir
Walter Raleigh, to have murdered him by the
way as he passed : a matter of no probability ;
those persons having no such desperate estates or
minds, as to ruin themselves and their posterity,
by committing so odious a crime.
But, contrariwise, certain it is, Sir Ferdinando
Gorge accused Blunt, to have persuaded him to
kill, or at least apprehend Sir Walter Raleigh;
the latter whereof Blunt denieth not, and asked
Sir Walter Raleigh forgiveness at the time of his
death.
But this pretext, being the best he had, was
taken : and then did messages and warnings fly
thick up and down to every particular nobleman
and gentleman, both that evening and the next
morning, to draw them together in the forenoon to
Essex House, dispersing the foresaid fable, That
he should have been murdered ; save that it was
sometime on the water, sometime in his bed,
varying according to the nature of a lie. He
sent likewise the same night certain of his
instruments, as, namely, one William Temple,
his secretary, into the city to disperse the same
tale, having increased it some few days before by
an addition, That he should have been likewise
murdered by some Jesuits, to the number of four :
and to fortify this pretext, and to make the more
buz of the danger he stood in, he caused that
night a watch to be kept all night long, towards
the street, in his house. The next morning,
which was Sunday, they came unto him of all
hands, according to his messages and warnings :
of the nobility, the Earls of Rutland, South-
ampton, and the Lord Sands, and Sir Henry
Parker, commonly called the Lord Mountegle;
besides divers knights and principal gentlemen
and their followers, to the number of some three
hundred. And also it being Sunday, and the
hour when he had used to have a sermon at his
house, it gave cause to some and colour to others
to come upon that occasion. As they came, my
lord saluted and embraced, and to the generality
of them gave to understand, in as plausible terms
as he could, That his life had been sought,
and that he meant to go to the court and declare
his griefs to the queen, because his enemies were
mighty, and used her majesty's name and com-
mandment; and desired their help to take his
part; but unto the more special persons, he spake
high, and in other terms, telling them, That he
was sure of the city, and would put himself into
that strength, that her majesty should not be able
to stand against him, and that he would take
revenge of his enemies.
All the while after eight of the clock in the
morning, the gates to the street and water wens
strongly guarded, and men taken in and let forth
by discretion of those that held the charge, but
with special caution of receiving in such as came
from court, but not suffering them to go back
without my lord's special direction, to the end no
particularity of that which passed there might be
known to her majesty.
About ten of the clock, her majesty having un-
derstanding of this strange and tumultuous as-
sembly at Essex House, yet in her princely
wisdom and moderation thought to cast water
upon this fire before it brake forth to farther incon-
venience: and therefore using authority before
she would use force, sent unto him four persons
of great honour and place, and such as he ever
pretended to reverence and love, to offer him
justice for any griefs of his, but yet to lay her
royal commandment upon him to disperse his
company, and upon them to withdraw themselves.
These four honourable persons, being the Lord
Keeper of the Great Seal of England, the Earl of
Worcester, the Comptroller of her Majesty's
Household, and the Lord Chief Justice of Eng-
land, came to the house, and found the gates
shut upon them. But after a little stay, they
were let in at the wicket; and as soon as they
were within, the wicket was shut, and all their
servants kept out, except the hearer of the seal.
In the court they found the earls with the rest of
the company, the court in a manner full, and
upon their coming towards Essex, they all
flocked and thronged about them; whereupon
the lord keeper in an audible voice delivered to
the earl the queen's message, That they were
sent by her majesty to understand the cause of
this their assembly, and to let them know that if
they had any particular cause of griefs against
any persons whatsoever, they should have hearing
and justice.
Whereupon the Earl of Essex, in a very loud
and furious voice, declared, That his life was
sought, and that he should have been murdered
in his bed, and that he had been perfidiously
dealt withal; and other speeches to the like
effect. To which the lord chief justice said,
If any such matter were attempted or intended
against him, it was fit for him to declare it,
assuring him both a faithful relation on their
part, and that they could not fail of a princely
indifferency and justice on her majesty's part.
To which the Earl of Southampton took occa-
sion to object the assault made upon him by
the Lord Gray: which my lord chief justice
returned upon him, and said, That in that case
justice had been done, and the party was in
prison for it.
Then the lord keeper required the Earl of
Essex, that if he would not declare his griefs
358 DECLARATION OP THE TREASON OF ROBERT, EARL OF ESSEX.
openly, yet thai then he would impart them pri- '
▼ately ; and then they doubted not to give him or
procure him satisfaction. I
Upon this there arose a great clamour among i
the multitude : >' Away, my lord, they abuse you,
they betray you, they undo you, you lose lime."
Whereupon my lord keeper put on his hat, and
said with a louder voice than before, uMy lord,
let us speak with you privately, and understand j
your griefs; and I do command you all upon your
allegiance, to lay down your weapons and to
depart." Upon which words the E*irl of Essex
and all the rest, as disdaining commandment, put
on their hats; and Essex somewhat abruptly
wont from him into the house, and the counsel-
lors followed him, thinking he would have pri-
vate conference with them, as was required.
And as they passed through the several rooms,
they might hear many of the disordered company
cry, "Kill them, kill them;" and others crying,
"Nay, but shop them up, keep them as pledges,
<nst the great seal out at the window;" and other
such audacious and traitorous speeches. But
Essex took hold of the occasion and advantage,
to keep in deed such pledges if he were dis-
tressed, and to have the countenance to lead
them with him to the court, especially the two
great magistrates of justice, and the great seal of
England, if he prevailed, and to deprive her
majesty of the use of their counsel in such a
strait, and to engage his followers in the very
beginning by such a capital act, as the imprison-
ment of counsellors carrying her majesty's royal
commandment for the suppressing of a rebellious
force.
And after that they were come up into his I
book-chamber, he gave order they should be kept .
fast, giving the charge of their custody princi- |
pally to Sir John Davis, but adjoined unto him a
warder, one Owen Salisbury, one of the most
seditious and wicked persons of the number,
having been a notorious robber, and one that
served the enemy under Sir William Stanley,
and that bare a special spleen unto my lord chief
justice; who guarded these honourable persons
with muskets charged, and matches ready fired at
the chamber door.
This done, the earl, notwithstanding my lord
keeper still required to speak with him, left the '
charge of his house with Sir Gilly Merick; and,
using these words to my lord keeper, " Have pa- !
tience for a while, I will go take order with the
mayor and sheriffs for the city, and be with you
again within half an hour;" issued with his
troop into London, to the number of two hun-
dred, besides those that remained in the house,
choice men for hardiness and valour, unto whom
some gentlemen and one nobleman did after join
themselves.
But from the time he went forth, it seems God
did strike him with the spirit of amazement, and
brought him round again to the place whence he
first moved.
For after he had once by Ludgate entered into
the city, he never had so much as the heart or
assurance to speak any set or confident speech to
the people, (but repeated only over and over his
tale as he passed by, that he should have been
murdered,) nor to do any act of foresight or
courage ; but he that had vowed he would never
be cooped up more, cooped himself first within
the walls of the city, and after within the walls
of a house, as arrested by God's justice as an
example of disloyalty. For passing through
Cheapside, and so towards Smith's house, and
finding, though some came about him, yet none
joined or armed with him, he provoked* them by
speeches as he passed to arm, telling them, They
did him hurt and no good, to come about him
with no weapons.
But there was not in so populous a city, where
he thought himself held so dear, one man, from
the chiefest citizen to the meanest artificer or
prentice, that armed with him : so as being
extremely appalled, as divers that happened to
see him then might visibly perceive in his face
and countenance, and almost moult? n with sweat,
though without any cause of bodily labour bat
only by the perplexity and horror of his mind,
he came to Smith's house the sheriff, where he
refreshed himself a little, and shifted him.
But the mean while it pleased God, that her
majesty's directions at court, though in a case so
strange and sudden, were judicial and sound.
For first there was commandment in the morning
given unto the city, that every man should be in
a readiness, both in person and armour, but yet to
keep within his own door, and to expect com-
mandment; upon a reasonable and politic con-
sideration, that had they armed suddenly in the
streets, if there were any ill disposed persons,
they might arm on the one side and turn on the
other, or at least, if armed men had been seen to
and fro, it would have bred a greater tumult, and
more bloodshed ; and the nakedness of Essex's
troop would not have so well appeared.
And soon after, direction was given that the
Lord Burghley, taking with him the king of
heralds, should declare him traitor in the princi-
pal parts of the city ; which was performed with
good expedition and resolution, and the loss and
hurt of some of his company. Besides that,
the Earl of Cumberland, and Sir Thomas Gerard,
knight-marshal, rode into the city, and declared
and notified to the people that he was a traitor:
from which time divers of his troop withdraw ir.g
from him, and none other coming in to him,
there was nothing but despair. For having
stayed a while, as is said, at Sheriff Smith'*
house, and there changing his pretext of a privitc
quarrel, and publishing, that the realm shou'l
have been sold to the Infanta, the better to spur
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 359
on the people to rise, and called, and given com- and gentlewomen to come forth. Whereupon
mandment to have arms brought and weapons of Essex returning the lord lieutenant thanks for
all sorts, and being soon after advertised of the tho compassion and care he had of the ladies,
proclamation, he came forth in a hurry. , desired only to have an hour's respite to make
So having made some stay in Gracechurch- way for their going out, and an hour after to
street, and being dismayed upon knowledge given barricado the place again : which, because it could
to him that forces were coming forwards against make no alteration to the hindrance of the service,
him under the conduct of the lord admiral, the j the lord lieutenant thought good to grant. Hut
lieutenant of her majesty's forces ; and not know-
ing what course to take, he determined in the end
Essex, having had some talk within of a sally,
and despairing of the success, and thinking better
to go back towards his own house, as well in to yield himself, sent word, that upon some con-
hope to have found the counsellors there, and by ditions he would yield.
them to have served some turn, as upon trust that But the lord lieutenant utterly refusing to hear
towards night his friends in the city would gather of capitulation, Essex desired to speak with my
their spirits together, and rescue him, as himself ' lord, who thereupon wont up close to the house;
declared after to the lieutenant of the Tower.. and the late Earls of Essex and Southampton,
But, for the counsellors, it had pleased God to
mike one of the principal offenders his instru-
with divers other lords and gentlemen their par-
takers, presented themselves upon the leads ; and
mont for their delivery; who, seeing my lord's Essex said, he would not capitulate, but entreat;
easo desperate, and contriving how to redeem his and made three petitions. The first, that they
fault and save himself, came to Sir John Davis, might be civilly used : whereof the lord lieutenant
and Sir Gilly Merick, as sent from my lord; and assured them. The second, that they might have
■o procured them to be released. I an honourable trial: whereof, the lord lieutenant
But the Earl of Essex, with his company that answered, they needed not to doubt. The third,
was left, thinking to recover his house, made on ! that he might have Ashton, a preacher, with him in
by land towards Ludgate; where being resisted prison, for the comfort of his soul; which the lord
by a company of pikemen and other forces, lieutenant said he would move to her majesty, not
gathered together by the wise and diligent care doubting of the matter of his request, though he
of the Bishop of London, and commanded by Sir could not absolutely promise him that person.
John Luson, and yet attempting to clear the pas- Whereupon they all, with the ceremony amongst
sage, he was with no great difficulty repulsed. ; martial men accustomed, came down and sub-
At which encounter Sir Christopher Blunt was mitted themselves, and yielded up their swords,
sore wounded, and young Tracy slain on his which was about ten of the clock at night ; there
part; and one Waits on the queen's part, and
some: others. Upon which repulse hs went back
having1 been slain in holding of the house, by
musket-shot, Owen Salisbury, and some few more
and fled towards the water-side, and took boat at on tho part of my lord, and some few likewise
Queenhithe, and so was received into Essex
House at the water-gate, which he fortified and
barricadoed ; but instantly the lord-lieutenanf^o
slain and hurt on the queen's part: and presently,
as well the lords as the rest of their confederates
of quality, were severally taken into the charge
disposed his companies, as all passage and issue of divers particular lords and gentlemen, and by
forth was cut off from him both by land and by
water, and all succours that he might hope for
were discouraged : and leaving the Eirl of Cum-
them conveyed to the Tower and other prisons.
So as this action, so dangerous in respect of the
person of the leader, the manner of the combina-
berland, tho Earl of Lincoln, the Lord Thomas, tion, and the intent of the plot, brake forth and
Howard, the Lord (fray, the Lord Burghley, and j ended within the compass of twelve hours, and
the Lord Compton, Sir Walter Raleigh, Sir with the loss of little blood, and in such sort as
Thomas Gerard, with divers others, before the the n^xt day all courts of justice were open, and
house to landward, my lord lieutenant himself did sit in their accustomed manner, giving good
thought good, taking with him the Lord of Effing- subjects and all reasonable men just cause to
him, Lord Cobham, Sir John Stanhope, Sir ! think, not the less of tho offender's treason, but
Hubert Sidney, M. Foulk Grevill, with divers j the more of her majesty's princely magnanimity
others, to assail the garden and banqueting-honsc and prudent foresight in so great a peril, and
on the water-side, and presently forced the gar- . chiefly of God's goodness, that hath blessed her
den, and won to the walls of the house, and was majesty in this, as in many things else, with so
ready to have assiiled the house; but out of a rare and divine felicity.
Christian and honourable consideration, under-
standing that there were in the house the Countess The effect of the evidence given at the several
of Essex, and the Lady Rich, with their gentle- . arraignments of the late Earls of Essex and
women, let tho Earl of Essex know by Sir Robert Southampton, before the lord steward; and
Sidney, that he was content to suffer the ladies if Sir Christopher Blunt, and Sir Charles
360 DECLARATION OF THE TREASON OP ROBERT, EARL OP ESSEX.
Davers, and others, before great and honourable
Commissioners of Oyer and 'Terminer.- and of
the answers and defences which the said offenders
made for themselves ; and the replies made upon
such their defences : with some other circumstances
of the proceedings, as well at the same arraign-
ments as after.
The two late Earls of Essex and Southampton
were brought to their trial the nineteenth of 1'V-
binary, eleven days after the rebellion. At which
trial there passed upon them twenty-five peers, a
greater number than hath been called in any
former precedent. Amongst whom her majesty
did not forbear to use many that were of near
alliance and blood to the Karl of Essex, and some
others, that had their sons and heirs apparent
that were of his company, and followed him in
the open action of rebellion. The lord steward
then in commission, according to the solemnity
in such trials received, was the Lord IJucklurst,
lord high treasurer, who with gravity and tem-
perance directed the evidence, and moderated, and
gave the judgment. There was also an assist-
ance of eight judges, the three chief, and five
others. The hearing was with great patience
and liberty : the ordinary course not being held,
to silence the prisoners till the whole state of the
evidence was given in; but they being suffered
to answer articulately to every branch of the evi-
dence, and sometimes to every particular deposi-
tion, whensoever they offered to speak : and not
so only, but they were often spared to be inter-
rupted, even in their digressions and speeches not
much pertinent to their cause. And always when
any doubt in law was moved, or when it was
required cither by the prisoners or the peers, the
lord steward required the judges to deliver the
law; who gave their opinions severally, not
barely yea or no, but at largo with their rea-
sons.
In the indictment were not laid or charged the
treasons of Ireland, because the greatest matter,
which was the design to bring over the army of
Ireland, being then not confessed nor known; it
was not thought convenient to stuff the indict-
ment with matters which might have been con-
ceived to be chiefly gathered by curious inquisi-
tion, and grounded upon report or presumption,
when there was other matter so notorious. And,
besides, it was not unlikely, that in his case, to
whom many were so partial, some, who would
not consider how things came to light by degrees,
might have reported that he was twice called in
question about one offence. And, therefore, the
late treasons of his rebellion and conspiracy were
only comprehended in the indictment, with the
usual clauses and consequents in law, of compass-
ing the queen's death, destruction, and depriva-
tion, and levying war, and the like.
The evidence consisted of two parts .• the plot of sur-
prising her majesty's person in court, and the
ttpen rebellion in the city.
The plot was opened according to the former
narration, and proved by the several confession!
of four witnesses, fully and directly concurring
in the point; Sir Christopher Blunt, Sir Charlei
Davers, Sir John Davis, and Sir Ferdinando
Gorge. Of which number, though Sir Christo-
pher Blunt were not at the council held at Drury
House, no more than Essex himself was; yet, he
was privy to that which passed. Sir Ferdinando
Gorge being prisoner in the Gatehouse, near the
place of trial, was, at the request of the Earl of
Essex, brought thither, and avouched "vin
voce" his confession in all things.
And these four proved all particularities of sur-
prising the court, and the manner of putting the
same in execution, and the distributing and
naming of the principal persons and actors to their
several charges; and the calling of my lord's
pretended enemies to trial for their lives, and the
summoning of a parliament, and the altering of
the government. And Sir Christopher Blunt,
and Sir John Davis from Sir Christopher Blunt,
did speak to the point of bringing in a toleration
of the Catholic religion.
For th: overt rebellion in the city itself it wis
likewise opened, according to the furmer narrow
tion, and divided itself naturally into three parts.
First, the imprisonment of the counsellors,
bringing her majesty's royal commandment to
them, upon their allegiance to disperse their
forces. Secondly, the entering the city, and the
stirring of the people to rise, as well by provok-
ing them to arm, as by giving forth the slanders
that the realm was sold to the Spaniard, and the
assailing of the queen's forces at Ludgate. And,
thirdly, the resistance and keeping of the house
against her majesty's forces under the charge and
conduct of the lord lieutenant.
And albeit these parts were matters notorious,
and within almost every man's view and know-
ledge ; yet, for the better satisfaction of the peers,
they were fully proved by the oath of the Lord
Chief Justice of England, being there present,
" viva voce," and the declaration of the Earl of
Worcester, being one of the peers likewise,
" viva voce," touching so much as passed about
the imprisonment of themselves and the rest ; and
by the confessions of the Earl of Rutland, the
Lord Sandys, the Lord Cromwell, and others.
The defence of the late Earl of Essex, touching
the plot and consultation at Drury House, was:
That it was not proved that he was at it; and
that they could show nothing, proving his con-
sent or privity, under his hand.
Touching the action in the city, he justified the
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 361
pretext of the daager of his life to be a troth. He
said that hie speech, that the realm should have
been sold to the Infanta of Spain, was grounded
upon a report he had heard, that Sir Robert Cecil
should say privately, That the Infanta's title to
the crown, after her majesty, was as good as any
other. He excused the imprisonment of the
counsellors to have been against his mind, forced
upon him by his unruly company. He protested
he never intended in his heart any hurt to her
majesty's person ; that he did desire to secure his
access to her, for which purpose he thought to
pray the help of the city, and that he did not arm
his men in warlike sort, nor struck up drum, nor
the like.
The defence of the late Earl of Southampton to
his part in the plot and consultation at Drury
House, was : That it was a matter debated, but not
resolved nor concluded ; and that the action which
was executed, waa not the action which was con-
sulted upon. And for the open action in the city,
he concurred with K#&ex, with protestation of the
clearness of his mind for any hurt to the queen's
person ; and that it was but his affection to my
Lord of Essex that had drawn him into the cause.
This was the substance and best of both their de-
fences. Unto which the reply was :
Defence. 7b the point, that the late Earl of
Essex was not at the consultation at Drury House,
Reply. It was replied, that it was proved by
all the witnesses, that that consultation was held
by his special appointment and direction, and that
both the list of the names and the principal articles
were of his own handwriting. And whereas he
said, they could not be showed extant under his
hand ; it was proved by the confession of my Lord
of Rutland, and the Lord Sandys, that he had pro-
vided for that himself; for after he returned out of
the city to his own house, he burned divers papers
which he had in a cabinet, because, as himself said,
they should tell no tales.
Defence. To the point which Southampton al-
leged, That the consultation at Drury House, upon the
list and articles in uniting, was not executed • \
Reply. It was replied, that both that consul-
tation in that manner held, if none other act had
followed, was treason; and that the rebellion fol- '
lowing in the city, was not a desisting from the
other plot, but an inducement and pursuance of it;
their meaning being plain on all parts, that after
they had gotten the aid of the city, they would
have gone and possessed the court. !
Defence. 7b the point, that it was a truth that ;
Essex should have been assailed by his private
enemies .*
Reply. First, He was required to deliver who
it was that gave him the advertisement of it ; be-
cause otherwise it must light upon himself, and
bethought his own invention: whereunto he said,
that he would name no man that day.
Then it was showed how improbable it was,
Vol. II.— 46
considering that my Lord Cobham and Sir Walter
Raleigh were men whose estates were better settled
and established than to overthrow their fortunes
by such a crime.
Besides, it was showed how the tale did not
hang together, but varied in itself, as the tale of
the two judges did, when one said, under the
mulberry tree, and another said, under the fig tree.
So sometimes it was said, that he should have
been murdered in his bed, and sometimes upon
the water, and sometimes it should have been per-
formed by Jesuits some days before.
Thirdly, It was asked what reference the going
into the city for succour against any his private
enemies had to the imprisoning of the lord keeper,
and the lord chief justice, persons that he pre-
tended to love and respect ; and the Earl of Wor-
cester, his kinsman, and Master Comptroller, his
uncle, and the publishing to the people, that the
realm should have been sold to the Spaniard.
And, lastly, It was said, that these were the an-
cient footsteps of former traitors, to make their
quarrel as against their private enemies, because
God unto lawful kings did ever impart such beams
of his own glory, as traitors could not look straight
upon them ; but ever turned their pretences against
some about them ; and that this action of his re-
sembled the action of Pisi stratus of Athens, that
proceeded so far in this kind of fiction and dis-
simulation, as he lanced his own body, and came
hurt and wounded before the people, as having been
assailed by his private enemies ; and by colour
thereof obtained a guard about his person, by help
of whom he after usurped upon the state.
Defence. To the point, that he heard it reported
Mr, Secretary should say, that the Infanta's title to the
crown, after her majesty, was as good as any other i
Reply. Upon this his allegation, Mr. Secretary
standing out of sight in a private place, only to
hear, being much moved with so false and foul
an accusation, came suddenly forth, and made
humble request to the lord steward, that he
might have the favour to answer for himself.
Which being granted him, in respect of the place
he carried, after a bitter contestation on his part
with the earl, and a serious protestation of his
alienation of heart from the Spanish nation in any
such condition, he still urged the earl to name the
reporter, that all the circumstances might he
known ; but the earl still warily avoiding it, Mr.
Secretary replied, that seeing he would allege no
author, it ought to be reputed his own fiction.
Whereupon the Earl of Essex said, though his
own conscience was a sufficient testimony to him-
self, that he had not invented any untruth, yet he
would affirm thus much for the world's farther
satisfaction in that behalf, that the Earl of South-
ampton also had heard so much reported of Mr.
Secretary ; but said still that he for his part would
name nobody. Whereupon Mr. Secretary adjured
the Earl of Southampton, by all former friendship,
2H
802 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
which had been indeed very great between them,
that he would declare the person ; which he did
presently, and said it was Mr. Comptroller. At
which speech Mr. Secretary straight took hold,
and said, that he was glad to hear him named of;
all others ; for howsoever some malicious person !
might peradventure have been content to give ■
credit to so injurious a conceit of him, especially
such as were against the peace wherein he was
employed, and for which the Earl of Essex had
ever hated him, being ever desirous to keep an
army on his own dependency, yet he did think no
man of any understanding would believe that he
could bo so senseless as to pick out the Earl of
Essex, his uncle, to lay open to him his affection
to that nation, in a matter of so odious and per-
nicious consequence ; and so did very humbly
crave it at the hands of the lord steward, and all
the peers, that Mr. Comptroller might be sent for,
to make good his accusation.
Thereupon the lord steward sent a Serjeant at
arms for Mr. Comptroller, who presently came
thither, and did freely and sincerely deliver, that he
had only said, though he knew not well to whom,
that Mr. Secretary and he, walking in the garden
at court one morning about two years since, and
talking casually of foreign things, Mr. Secretary
told him, that one Doleman had maintained in a
book, not long since printed, that the Infanta of
Spain had a good title to the crown of England :
which was all, as Mr. Comptroller said, that ever
he heard Mr. Secretary speak of that matter.
And so the weak foundation of that scandal being
quickly discerned, that matter ended; all that
could be proved being no other, than that Mr.
Comptroller had told another, who had told the
Earl of Essex, that Mr. Secretary said to him that
such a book said so ; which every man could say
that hath read it, and no man better knew than
the earl himself, to whom it was dedicated.
Defence. To the point of both their protestations,
that they intended no hurt to her majesty's person.
Reply. First, the judges delivered their opinions
for matter in law upon two points : the one, that
in case where a subject attempteth to put himself
into such strength as the king shall not be able
to resist him, and to force and compel the king to
govern otherwise than according to his own royal
authority and direction, it is manifest rebellion.
The other, that in every rebellion the law intend -
eth as a consequent, the compassing the death
and deprivation of the king, as foreseeing that
the rebel will never suffer that king to live or
reign, which might punish or take revenge of his
treason and rebellion. And it was enforced by :
the queen's counsel, that this is not only the wis-
dom of the laws of the realm which so defineth
of it, but it is also the censure of foreign laws, \
the conclusion of common reason, which is the
ground of all laws, and the demonstrative asser-
tion of experience, which is the warranty of all
reason. For, first, the civil law maketh this
judgment, that treason is nothing else but "cri-
men laesae majestatis," or " diniinuUe-majestatis,"
making every offence which abridgeth or hurteth
the power and authority of the prince, as an insult
or invading of the crown, and extorting the impe-
rial sceptre. And for common reason, it is Dot
possible that a subject should once come to that
height as to give law to his sovereign, but what
with insolency of the change, and what with terror
of his own guiltiness, he will never permit the
king, if he can choose, to recover authority ; nor,
for doubt of that, to continue alive. And, lastly,
for experience, it is confirmed by all stories and
examples, that the subject never obtained a supe-
riority and command over the king, but there
followed soon after the deposing and putting of
the king to death, as appeareth in our own chroni-
cles, in two notable particulars of two unfortunate
kings : the one of Edward the Second, who, when
he kept himself close for danger, was summoned
by proclamation to come and take upon him the
government of the realm : but as soon as he pre-
sented himself was made prisoner, and soon after
forced to resign, and in the end tragically mur-
dered in Berkley Castle. And the other of King
Richard the Second, who, though the Duke of
Hereford, after King Henry the Fourth, presented
himself before him with three humble reverences,
yet in the end was deposed and put to death.
Defence. To the point of not arming his men
otherwise than with pistols, rapiers, and daggers,
it was replied.'
Reply. That that course was held upon con-
ning, the better to insinuate himself into the
favour of the city, as coming like a friend with an
All hail, or kiss, and not as an enemy, making
full reckoning that the city would arm him, and
arm with him ; and that he took the pattern of bis
action from the day of the barricadoes at Paris,
where the Duke of Guise entering the city but
with eight gentlemen, prevailing with the city of
Paris to take his part, as my Lord of Essex, thanks
be to God, failed of the city of London, made the
king, whom he thought likewise to have surprised,
to forsake the town, and withdraw himself into
other places, for his farther safety. And it was
also urged against him, out of the confession of
the Earl of Rutland and others, that he cried out
to the citizens, "That they did htm hurt and no
good, to come without weapons ;" and provoked
them to arm: and finding they would not be
moved to arm with him, sought to arm his own
troops.
This, point by point, was the effect of the reply.
Upon all which evidence both the earls were
found guilty of treason by all the several voices
of every one of the peers, and so received judg-
ment.
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 363
7Hu names of the peers that passed upon the trial of
the two earls.
Earl of Oxford.
Earl of Shrewsbury.
Earl of Derby.
Earl of Cumberland.
Earl of Worcester.
Earl of Sussex.
Earl of Hertford.
Earl of Lincoln..
Earl of Nottingham.
Lord Viscount Bindon.
Lord De la Ware.
Lord Morley.
Lord Cobham.
Lord Stafford.
Lord Gray..
Lord Lumley.
Lord Windsor.
Lord Rich.
Lord Darcy de Chichey.
Lord C hand 08.
Lord Hunsdon.
Lord St. John de Bletso.
Lord Compton.
Lord Burghley.
Lord Howard of Walden.
7%e names of the judges that assisted the court.
Lord Chief Justice. Justice Fenner.
Lord Chief Justice of Justice Walmsly.
the Common Pleas. Baron Clerke.
Lord Chief Baron. Justice Kingsmill.
Justice Gawdy.
Some particulars of that which passed after the ar-
raignment of the late carls, and at the time of the
suffering of the Earl of Essex,
But the Earl of Essex, finding that the consul-
tation at Drury House, and the secret plots of his
premeditated and prepensed treasons were come
to light, contrary to his expectation, was touched,
even at his parting from the bar, with a kind of
remorse ; especially because he had carried the
manner of his answer, rather in a spirit of osten-
tation and glory, than with humility and peni-
tence: and brake out in the hall, while the lords
were in conference, into these words ; " That see-
ing things were thus carried, he would, ere it be
long, say more than yet was known." Which
good motion of his mind being, after his coming
back to the Tower, first cherished by M. D. of
Norwich, but after wrought on by the religious
and effectual persuasions and exhortations of Mr.
Abdy Ash ton, his chaplain, the man whom he
made suit by name to have with him for his soul's
health, as one that of late time he had been most
used unto, and found most comfort of, comparing
it, when he made the request, to the case of a
patient, that in his extremity would be desirous
to have that physician that was best acquainted
with his body ; he sent word the next day, to de-
sire to speak with some of the principal counsel-
lors, with whom he desired also that particularly
Mr. Secretary might come for one. Upon which
his request, first the lord admiral and Mr. Secre-
tary, and afterwards at two several times the lord
keeper of the great seal, the lord high treasurer,
the lord high admiral, and Mr. Secretary repaired
unto him : before whom, after he had asked the
lord keeper forgiveness, for restraining him in his
bouse, and Mr. Secretary for having wronged him
at the bar, concerning the matter of the Infanta,
with signification of his earnest desire to be re-
conciled to them, which was accepted with all
Christian charity and humanity; he proceeded to
accuse heavily most of his confederates for carry-
ing malicious minds to the state, and vehemently
charged Cuflfe his man to his own face, to have
been a principal instigator of him in his treasons ;
and then disclosed how far Sir Henry Neville,
her majesty's late ambassador, was privy to all
the conspiracy; of whose name till then there
had not been so much as any suspicion. And,
farther, at the lords' first coming to him, not
sticking to confess that he knew her majesty
could not be safe while he lived, did very earnestly
desire this favour of the queen, that he might die
as privately as might be.
And the morning before his execution, there
being sent unto him, for his better preparation,
Mr. Doctor Mountford, and Mr. Doctor Barlow,
to join with Mr. Abdy Ashton, his chaplain, he
did in many words thank God that he had given
him a deeper insight into his offence, being sorry
he had so stood upon his justification at his ar-
raignment: since which time, he said, he was
become a new man, and heartily thanked God
also that his course was by God's providence
prevented. For, if his project had taken effect,
"God knoweth," said he, "what harm it had
wrought in the realm."
He did also humbly thank her majesty, that he
should die in so private a manner, for he suffered
in the Tower yard, and not upon the hill, by his
own special suit, lest the acclamation of the
people, for those were his own words, might be
a temptation to him : adding, that all popularity
•and trust in man was vain,. the experience whereof
himself had felt: and acknowledged farther unto
them, that he was justly and worthily spewed out,
for that was also his own word, of the realm, and
that the nature of his offence was like a leprosy
that had infected far and near. And so likewise
at the public place of his suffering, he did use
vehement detestation of his offence, desiring God
to forgive him his great, his bloody, his crying,
and his infectious sin : and so died very penitently,
but yet with great conflict, as it should seem, for
his sins. For he never mentioned, nor remembered
there, wife, children, or friend, nor took particular
leave of any that were present, but wholly ab-
stracted and sequestered himself to the state of
his conscience, and prayer.
The effect uf that which passed at the arraignments
of Sir Christopher Blunt, Sir Charles Da-
vers, Sir John Davis, Sir Gtlly Merick, and
Henry Cuffe.
The fifth of March, by a very honourable com-
mission of Oyer and Terminer, directed to the
Lord High Admiral, the Lord Chamberlain, Mr.
864 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
Secretary, the Lord Chief Justice of England, Mr.
Chancellor of the Exchequer, Mr. Secretary Her-
bert, with divers of the judges, the commis-
sioners sitting in the court of the Queen's Bench,
there were arraigned and tried by a jury both of
aldermen of London, and other gentlemen of good
credit and sort, Sir Christopher Blunt, Sir Charles
Davers, Sir John Davis, Sir Giily Merick, and
Henry Cuffe. The three first whereof, before
they pleaded, asked this question of the judges :
Whether they might not confess the indictment
in part, and plead not guilty to it in the other
parti But being resolved by the judges, that
their pleading must be general ; they pleaded Not
guilty, as did likewise the other two, without any
such question asked. The reason of that question
was, as they confessed, in respect of the clause
laid in the indictment; That they intended and
compassed the death and destruction of the queen's
majesty : unto whose person, -although they con-
fessed at the bar, as they had done in their ex-
aminations, that their meaning was to come to her
in such strength, as they should not be resisted,
and to require of her divers conditions and altera-
tions of government, such as in their confessions
are expressed, nevertheless they protested, they
intended no personal harm to herself. Where-
upon, as at the arraignment of the two earls, so
then again the judges delivered the rule of the
law ; that the wisdom and foresight of the laws
of this land maketh this judgment: That the
subject that rebelleth or riseth in forcible manner
to overrule the royal will and power of the king,
intendeth to deprive the king both of crown and
life; and that the law judgeth not of the fact by
the intent, but of the intent by the fact. And the
queen's counsel did again enforce that point,
setting forth that it was no mystery or quiddity
of the common law, but it was a conclusion in-
fallible of reason and experience; for that the
crown was not a ceremony or garland, but con-
sisted of pre-eminence and power.
And, therefore, when the subject will take upon
him to give law to the king, and to make the
power sovereign and commanding to become sub-
ject and commanded ; such subject layeth hold
of the crown, and taketh the sword out of the
king's hands. And that the crown was fastened
so close upon the king's head, that it cannot be
pulled off, but that head, and life, and all will
follow ; as all examples, both in foreign stories
and here at home, do make manifest. And, there-
fore, when their words did protest one thing, and
their deeds did testify another, they were but
like the precedent of the protestation used by
Manlius, the lieutenant of Catiline, that con-
spired against the state of Rome, who began
his letter to the senate with these words: "Deos
hominesque testor, patres conscripti, nos nihil
aliud, &c."
And it was said farther, that, admitting their
protestations were so far true, that they had not
at that time in their minds a formed and distinct
cogitation to have destroyed the queen's person ;
yet, nothing was more variable and mutable than
the mind of man, and especially " Honores mutant
mores :" when they were once aloft, and had the
queen in their hands, and were peers in my Lord
of Essex his parliament, who could promise of
what mind they would then be ? especially when
my Lord of Essex at his arraignment had made
defence of his first action of imprisoning the privy
counsellors, by pretence that he was enforced to
it by his unruly company. So that if themselves
should not have had, or would not seem to have
had, that extreme and devilish wickedness of
mind, as to lay violent hands upon the queen's
8 acred person ; yet, what must be done to satisfy
the multitude and secure their party, must be
then the question : wherein the example was re-
membered of Richard the Third, who, though he
were king in possession, and the rightful inheritors
but infants, could never sleep quiet in his bed, till
they were made away. Much less would a Ca-
tilinary knot and combination of rebels, that did
rise without so much as the fume of a title, ever
endure, that a queen that had been their sovereign,
and had reigned so many years in such renown
and policy, should be longer alive than made for
their own turn. And much speech was used to
the same end. So that in the end all those three
at the bar said, that now they were informed, and
that they descended into a deeper consideration
of the matter, they were sorry they had not
confessed the indictment. And Sir Christopher
Blunt, at the time of his suffering, discharged his
conscience in plain terms, and said publicly be-
fore all the people, that he saw plainly with him-
self, that if they could not have obtained all that
they would, they must have drawn blood even
from the queen herself.
The evidence given in against them three, was
principally their own confessions, charging every
one himself, and the other, and the rest of the
evidence used at the arraignment of the late earls,
and mentioned before ; save that, because it was
perceived, that that part of the charge would take
no labour nor time, being plain matter and con-
fessed, and because some touch had been given in
the proclamation of the treasons of Ireland, and
chiefly because Sir Christopher Blunt was mar-
shal of the army in Ireland, and most inward with
my lord in all his proceedings there; and not so
only, but farther in the confession of Thomas Lee
it was precisely contained, that he knew the Earl
of Essex and Tyrone, and Blunt, the marshal, to
be all one, and to run one course. It was thought
fit to open some part of the treasons of Ireland,
such as were then known, which very happily
gave the occasion for Blunt to make that discovery
of the purpose to have invaded the realm with the
army of Ireland, which he then offered, and after-
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 865
wards uttered, and in the end sealed with his j And farther, to prove him privy to the plot, it
blood, as is hereafter set down. ; was give^i in evidence, that some few days before
Against Coffe was given in evidence, both Sir the rebellion, with great heat and violence he had
Charles Davers's confession, who charged him,
when there was any debating of the several en-
terprises which they should undertake, that he
did ever bind firmly and resolutely for the court :
and the accusation under the earl's hand, avouched
by him to his face, that he was a principal insti-
gator of him in his treasons; but especially a full
declaration of Sir Henry Neville's, which de-
scribeth and planteth forth the whole manner of
his practising with him.
The fellow, after he had made some introduc-
tion by an artificial and continued speech, and
some time spent in sophistical arguments, de-
scended to these two answers : the one, for his
being within Essex House that day, the day of the
rebellion, they might as well charge a lion within
displaced certain gentlemen lodged in a house
fast by Essex House, and there planted divers of
my lord's followers and complices, all such as
went forth with him in the action of rebellion.
That the afternoon before the rebellion, M erick,
with a great company of others, that afterwards
were all in the action, had procured to be played
before them the play of deposing King Richard
the Second.
Neither was it casual, but a play bespoken by
Merick.
And not so only, but when it was told him by
one of the players, that the play was old, and
they should have loss in playing it, because few
would come to it, there were forty shillings ex-
traordinary given to play it, and so thereupon
a grate with treason, as him ; and for the consul- | played it was.
tation at Drury House, it was no more treason than | So earnest he was to satisfy his eyes with the
the child in the mother's belly is a child. But it
was replied, that for his being in the house, it was
not compulsory, and that there was a distribution
of the action, of some to make good the house,
and some to enter the city, and the one part held
correspondent to the other, and that in treasons
there was no accessaries, but all principals.
And for the consultation at Drury House, it was
a perfect treason in itself, because the compassing
of the king's destruction, which by judgment of
law was concluded and implied in that consulta-
tion, was treason in the very thought and cogita-
tion, so as that thought be proved by an overt act;
and that the same consultation and debating there-
upon was an overt act, though it had not been
upon a list of names, and articles in writing, much
more being upon matter in writing.
And, again, the going into the city was a pur-
suance and inducement of the enterprise to possess
the court, and not a desisting or a departure from it.
And, lastly, it was ruled by the judges for law, i
that if many do conspire to execute treason against
the prince in one manner, and some of them do exe-
cute it in another manner, yet their act, though dif-
fering in the manner, is the act of all them that con-
spire, by reason of the general malice of the intent.
Against Sir Gilly Merick, the evidence that
was given, charged him chiefly with the matter of
the open rebellion, that he was a captain or com-
mander over the house, and took upon him charge
to keep it, and make it good as a place of retreat
for those which issued into the city, and fortifying
and barricading the same house, and making pro-
vision of muskets, powder, pellets, and other mu-
sight of that tragedy, which he thought soon after
his lordship should bring from the stage to the
state, but that God turned it upon their own heads.
The speeches of Sir Christopher Blunt at his
execution are set down as near as they could be re"
membcred, after the rest of the confessions and
evidences.
Here follow the voluntary confessions themselves,
such as were given in evidence at both the sevtral
arraignments, taken forth word for word out of
the originals ; whereby it may appear how God
brought matters to light, at several times, and in
several parts, all concurring in substance ,• and
with them other declarations and parts of evidence.
The confession of Thomas Lee, taken the \Ath of
February, 1600, before Sir John Peyton, Lieute-
nant of the Tower ,• Roger Wilbraham, Master
of the Requests; Sir Anthony Saintleger,3/o*-
ter of the Rolls in Ireland; and Thomas Fleming,
her majesty' }s Solicitor General.
This examinate saith, that Tyrone sent a mes-
sage to this examinate by James Knowd, whom
this examinate by the marshal's warrant in writ-
ing had sent to Tyrone before himself went to
Tyrone, that if the Earl of Essex would follow
his plot, he would make him the greatest man
that ever was in England, and that, when Essex
and Tyrone should have conference together, for
his assurance unto the Earl of Essex, Tyrone
would deliver his eldest son in pledge to the earl,
nition and weaporafor the holding and defending And with this message this examinate made the
of it, and as a busy, forward, and noted actor in j Earl of Essex acquainted before his coming to
that defence and resistance which was made j this examinate's house, at that time when this
against the queen's forces brought against it by i examinate was sent to Tyrone.
her majesty's lieutenant. 1 This examinate saith, he knew that Essex, Ty-
S H 2
8*6 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
rone, and the marshal, Sir Christopher Blunt, were
all one, and held all one course.
Thomas Lee.
Exam, per John Peyton,
Roger Wilbraham,
Anthony Saintleger,
Thomas Fleming.
Tkt declaration of Sir William Warren,
3 Octobris, 1599.
The said Sir William came to Armagh the last
Friday, being the twenty-eight of September :
from thence he sent a messenger in the night to
Tyrone to Dungannon, signifying his coming to
Armagh, as aforesaid, and that the next morning
he would meet Tyrone at the fort of Blackwater :
where accordingly the said Tyrone met with him ;
and after other speeches, by farther discourse the
said Tyrone told the said Sir William, and de-
livered it with an oath, that within these two
months he should see the greatest alteration, and
the strangest, that he the said Sir William could
imagine, or ever saw in his life : and said, that
he hoped, before it was long, that he the said Ty-
rone should have a good share in England : which
speeches of the alteration Tyrone reiterated two
or three several times.
William Warren.
Certified from the council of Ireland to
the lord 8 of the council here.
The declaration of Thomas Wood, 20 Januarii,
1599, taken before the Lord Buckhurst, Lord
High Treasurer t the Earl of Nottingham, Lord
High Admiral; Sir Robert Cecil, principal
Secretary ,* and Sir J. Fortescue, Chancellor of
the Exchequer.
The said Wood said, that happening to be with
the Lord Fitzmorris, Baron of Licksnaw, at his
house at Licksnaw, between Michaelmas and
Alhallowtide last, the said baron walking abroad
with the said Wood, asked of him what force the
Earl of Essex was of in«England ; he answered,
he could not tell, but said he was well beloved of
the commonalty. Then said the baron, that the
earl was gone for England, and had discharged
many of the companies of Ireland, and that it was
agreed that he should be King of England, and
Onele to be Viceroy of Ireland ; and whensoever
he should have occasion, and would send for them,
Onele should send him eight thousand men out of
Ireland. The said Wood asked the baron, how
he knew that? He answered, that the Earl of
Desmond had written to him so much.
Thomas Wood.
Confessed in the presence of
Thomas Buckhurst,
Nottingham,
Robert Cecil,
John Fortescue.
The confession of James Knowd, taken the 16(4
of February i 1600, before Sir Anthony Saint-
leger, Master of the Rolls in Ireland, and Rooee
Wilbraham, Mooter of the Requests.
Owney Mac Rory having secret intelligence of
the friendship between the Earl of Essex and Ty-
rone, wrote to Tyrone, desiring him to certify him
thereof, whereby he might frame his course ac-
cordingly, and not do any thing contrary to their
agreement: which letter myself did write by
Owney's appointment, for then I was in credit
with him ; in which letter he also desired Tyrone
to send him some munition. The letter, with
instructions to that effect, was in my presence
delivered to one Turlagh Mac Davy O' Kelly, a
man of secrecy, sufficiency, and trust with
Owney; and he carried it to Tyrone: before
whose return Owney grew suspicious of me, be*
cause I sometimes belonged to Mr. Bowen, and
therefore they would not trust me, so as I could
not see the answer : but yet I heard by many of
their secret council, that the effect thereof was,
That the Earl of Essex should be King of Eng-
land, and Tyrone of Ireland.
Afterwards I met with Turlagh Mac Davy, the
messenger aforesaid, and asked him whether he
brought an answer of the letter from Tyrone. He
said he did, and delivered it to Owney. And then
I asked him what he thought of the wars. He
told me he had good hope the last year, and had
none this year ; his reason was, as he said, that
the Earl of Essex was to take their part, and thty
should aid him towards the conquest of Engluod;
and now they were hindered thereof by means of
his apprehension.
I, dwelling with the tanist of the country, my
mother's cousin german, heard him speak sundry
times, that now the Earl of Essex had gotten one
of the swords, he would never forego his govern-
ment until he became King of England, which
was near at hand.
I saw a letter which the Earl of Essex writ to
Owney, to this effect; That if Owney came to
him, he would speak with him about that, which
if he would follow, should be happy for him and
his country. James Knowd.
Exam, per Anthony Saintleger,
Roger Wilbraham.
Tfie declaration of David Hethrinoton, an ancient
captain and servitor in Ireland, 6 January, 1599,
taken before the Lord Buckhurst, Lord High
Treasurer ; the Earl of Nottingham, Lord //i"»s
Admiral ; Sir Robert Cecil, principal Sect*
iary t and Sir John Fortescue, Chancellor <f
the Exchequer.
He, the said David Hethrington, riding into the
edge of the county of Kildare, about the end of
the first cessation, fortuned to meet with one
James Occurren, one of the horsemen of Master
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 867
Bowen, provost marshal of Lemster, who told |
him, that the said James Occurren meeting lately
with a principal follower of Owney Mac Rory,
chief of the Mooree, Owney's man asked him
what news he heard of the Earl of Essex ? To
which James Occurren answered, that he was
gone for England: w hereunto he said, Nay, if
you can tell me no news, I can tell you some ;
the Earl of Essex is now in trouble for us, for
that he would do no service upon us ; which he
never meant to do, for he is ours, and we are his.
David Hethrington.
Confessed in the presence of
Tho. Buckhurst,
Nottingham,
Ro. Cecil,
Jo. F0RTE8CUE.
The first confession of Sir Ferdinando Gorge,
knight, the 16/A of February •, 1600, taken before
Sir Thomas Egerton, Lord Keeper of the Great
Seal; the Lord Buckhurst, Lord High Trea-
surer ; the Earl if Nottingham, Isord High
Admiral i and Sir Robert Cecil, principal
Secretary.
He saith, the Earl of Essex wrote a letter to
him in January, complaining of his misfortune :
that he desired his company, and desired his
repair up to him by the second of February ; that
he came to town on Saturday seven-night before
the earl's insurrection, and that the same night
late he visited the earl : who, after compliments,
told him that he stood on his guard, and resolved
not to hazard any more commandments or re-
straints; that he desired him to rest him that
night, and to repair unto him again, but in such
sort as it might not be noted.
That he had been with the earl two or three
times that week; and on Saturday, being the
seventh of February, the earl told him that he
had been sent for by the lords, and refused to
come; delivering farther, that he resolved to de-
fend himself from any more restraint.
He farther saith, that it was in question the
same Saturday night, to have stirred in the night,
and to have attempted the court. But being de-
manded, whether the earl could have had suffi-
cient company to have done any thing in the
night : he answered, that all the earl's company
were ready at one hour's warning, and had been
so before, in respect that he had meant long be-
fore to stand upon his guard.
That it was resolved to have the court first at-
tempted ; that the earl had three hundred gentle-
men to do it ; but that he, the said Ferdinando
Gorge, was a violent dissaader of him from that
purpose, and the earl most confident in the party
of London, which he meant, upon a later dispute,
first to assure ; and that he was also assured of
a party in Wales, but meant not to use them,
until he had been possessed of the court.
That the earl and Sir Christopher Blunt under-
standing that Sir Walter Raleigh had sent to speak
with him in the morning, the said Sir Chris-
topher Blunt persuaded him, either to surprise Sir
Walter Raleigh, or to kill him. Which when he
utterly refused, Sir Christopher Blunt sent four
shot after him in a boat.
That at the going out of Essex House gate,
many cried out, To the court, to the court. But
my Lord of Essex turned him about towards Lon-
don.
That he meant, after possession of the court, to
call a parliament, and therein to proceed as cause
should require.
At that time of the consultation on Saturday
nigfct, my lord was demanded, what assurance he
had of those he made account to be his friends in
the city ? Whereunto he replied, that there was
no question to be made of that, for one, amongst
the rest, that was presently in one of the greatest
commands amongst them, held himself to be in-
terested in the cause, for so he phrased it, and
was colonel of a thousand men, which were ready
at all times ; besides others that he held himself
as assured of, as of him, and able to make as great
numbers. Some of them had at that instant, as
he reported to us, sent unto him, taking notice of
as much as he made us to know of the purpose
intended to have entrapped him, and made request
to know his pleasure.
Ferd. Gorge.
Exam, per Tho. Egerton, C. S.
Thos. Buckhurst,
Nottingham,
Ro. Cecil.
The second confession of Sir Ferdinando Gorge,
the 18th of February, 1600, all written of his own
hand ; and acknowledged in the presence of Sir
Thomas Egerton, Lord Keeper of the Great
Seal; the Lord Buckhurst, Lord High Trea-
surer; the Earl of Nottingham, Lord High
Admiral; and Sir Robert Cecil, principal
Secretary,
On Tuesday before the insurrection, as I Te-
member, I was sent unto by my Lord of Essex,
praying me to meet my Lord of Southampton, Sir
Charles Davers, Sir John Davis, and other his
friends at Drury House ; where I should see a
schedule of his friends' names, and projects to be
disputed upon. Whither I came accordingly, and
found the foresaid earl, Sir Charles Davers, Sir
John Davis, and one Mr. Littleton. The names
were showed and numbered to be six score ; earls,
barons, knights, and gentlemen. The projects
were these, whether to attempt the court, or
the Tower, or to stir his friends in London first,
or whether both the court and Tower at an in-
stant 1 I disliked that counsel. My reasons
were, that I alleged to them, first, to attempt both
868 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
with those numbers, was not to be thought on,
because that was not sufficient; and therefore
advised them to think of something else. Then
they would needs resolve to attempt the court,
and withal desired mine opinion. But I prayed
them first to set down the manner how it might
be done. Then Sir John Davis took ink and
paper, and assigned to divers principal men their
several places ; some to keep the gate, some to
be in the hall, some to be in the presence, some
in the lobby, some in the guard-chamber, others
to come in with my lord himself, who should
have had the passage given him to the privy-
chamber, where he was to have presented him-
self to her majesty.
Fcrd. Gorge,.
Knowledged in the presence of
Tho, Egerton, C. S.
tho. buckhur8t,
Nottingham,
Ro. Cecil.
The confusion of Sir John Davis, taken the Iftth of
February, 1600, before the Earl of Nottingham,
Lord High Admiral; Sir Robert Cecil, princi-
pal Secretary ; and John Herbert, second Se-
cretary of State.
Sir John Davis being demanded, how long
before my Lord Essex's tumult he knew of such
his purpose ]
He answers, that he knew not directly of any
meaning my lord had, until the Sunday seven-
nilfht before, or thereabout.
Being demanded, what he knew1? Then he
answered, that my lord consulted to possess him-
self of the court, at such convenient time when
he might find least opposition. For executing
of which enterprises, and of other affairs, he
appointed my Lord of Southampton, Sir Charles
Davers, Sir Ferdinando Gorge, and himself, to
meet at Drury House, and there to consider of the
same, and such other projects as his lordship de-
livered them : and, principally, for surprising of
the court, and for the taking of the Tower of Lon-
don. About which business they had two meet-
ings, which were five or six days before the in-
surrection.
He farther saith, that Sir Christopher Blunt
was not at this consultation, but that he stayed
and advised with my lord himself about other
things to him unknown: for that my lord trusted
several men in several businesses, and not all
together.
Being demanded, what was resolved in the
opinions of these four before named ? He saith,
that Sir Charles Davers was appointed to the pre-
sence-chamber, and himself to the hall : and that
my lord was to determine himself, who should
have guarded the court-gate and the water-gate.
And that Sir Charles Davers, upon a signal or a
watchword, should have come out of the presence
into the guard-chamber ; and then some out of the
hall to have met him, and so have stepped between
the guard and their halberds; of which guard
they hoped to have found but a dozen, or some
such small number.
Being asked, whether he heard that such as ray
lord misliked should have received any violence!
He saith, that my lord avowed the contrary, and
that my lord said, he would call them to an ho-
nourable trial, and not use the sword.
Being demanded, whether my lord thought hit
enemies to be Spanish, "bona fide," or no! He
suith, that he never heard any such speech ; and
if my lord used any such, it came into his head
on the sudden.
Being demanded, what party my lord had in
London] He saith, that the sheriff Smith was
his hope, as he thinketh.
Being demanded, whether my lord promised
liberty of Catholic religion] He saith, that Sir
Christopher Blunt did give hope of it.
John Davis.
Exam, per Nottingham,
Ro. Cecil,
J. Herbert.
The first confession of Sir Charles Davers, taken
the ISth of February i anno 1600, before Sir
Thomas Eoerton, Jjord Keeper of the Great
Seal; the Lord Buckhurst, Lord High Trea-
surer f the Earl of Nottingham, the Lord High
Admiral; Lord Hunsdon, Lord Chamberlain;
and Sir Robert Cecil, principal Secretary.
He confesseth , that before Christmas the Earl
of Essex had bethought himself, how he might
secure his access unto the queen in such sort as
he might not be resisted ; but no resolution de-
terminately taken, until the coming up of this
examinate a little after Christmas.
And then he doth confess, that the resolution
was taken to possess himself of the court; which
resolution was taken agreeable to certain articles,
which the Earl of Essex did send to the Earl of
Southampton, this examinate, Sir Ferdinando
Gorge, and Sir John Davis, written with the
earl's own hand. To which consultation, being
held at Drury House, some four or five days be-
fore Sunday, that was the eighth of February,
Littleton came in towards the end.
The points which the Earl of Essex projected
under his hand were these:
First, whether it were fit to take the Tower of
London. The reason whereof was this : that after
the court was possessed, it was necessary to give
reputation to the action, by having such a place
to bridle the city, if there should be any mislike
of their possessing the court.
To the possessing of the court, these circum-
stances were considered :
First, the Earl of Essex should have assembled
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 360
mil the noblemen and gentlemen of quality on his
party; oat of which number he should have
chosen so many as should have possessed all the
places of the court, where there might have been
any likelihood of resistance : which being done,
the Earl of Essex, with divers noblemen, should
have presented himself to the queen.
The manner how it should have been executed,
was in this sort: Sir Christopher Blunt should
have had charge of the outer gate, as he thinketh.
Sir Charles Davere, this examinate, with his
company, should have made good the presence,
and should have seized upon the halberds of the
guard. Sir John Davis should have taken charge
of the hall. All this being set, upon a signal
given, the earl should have come into the court
with his company.
Being asked, what they would have done after? '
he saith, They would have sent to have satisfied
the city, and have called a parliament. |
These were the resolutions set down by the
Earl of Essex of his own hand, after divers con-
sultations.
He saith, Cuffe was ever of opinion, that the
Earl of Essex should come in this sort to the
court. Charles Davers.
Exam, per Tho. Egerton, C. S.
TtiO. BUCKHUR8T,
Nottingham,
G. Hunsdon,
Ro. Cecil.
T%e second confession of Sir Charles Davers,
taken the tame day, and set down upon farther
calling himself to remembrance, under his own
hand, before Sir Tho. Egerton , Lord Keeper of
the Great Seal; Lord Buckhurst, Lord High
Treasurer; the Earl of Nottingham, I^ord
High Admiral i Sir Robert Cecil, principal
Secretary.
Some points of the articles which my Lord of
Essex sent unto Drury House, as near as I can
remember, were these; whether both the court
and the Tower should be both attempted at one
time? if both, what numbers should be thought
requisite for either? if the court alone, whatj
places should be first possessed ? by what persons ? '
And for those which were not to come into the
court beforehand, where and in what sort they
might assemble themselves, with least suspicion,
to come in with my lord ?
Whether it were not fit for my lord, and some
of the principal persons, to be armed with privy
coats ? Charles Davers.
Knowledged in the presence of
Tho. Egerton, C. S. Tho. Buckhurst,
Nottingham, Robert Cecil.
presence if Nic. Kempe, counsellor at law, Wil-
liam Waimarke, William Martin, Robert
Andrews, citizens, John Trevor, surveyor of
the navy, and Thomas Thorney, his surgeon.
He confesseth that the Earl of Essex sent
Wiseman, about the 20th of January, to visit his
wife, with letters of compliment, and to require
him to come up unto him to London, to settle his
estate according as he had written unto him
before some few days.
Being demanded, to what end they went to the
city, to join with such strength as they hoped for
there ? he confesseth it was to secure the Earl of
Essex his life, against such forces as should be
sent against him. And being asked, What,
against the queen's forces? he answered, That
must have been judged afterwards.
But being farther asked, Whether he did advise
to come unto the court over night? He saith, No;
for Sir Ferdinand o Gorge did assure, that the
alarm was taken of it at the court, and the guards
doubled.
Being asked, whether he thought any prince
could have endured to have any subject make
the city his mediator? or gather force to speak
for him ? He saith, he is not read in stories of
former times ; but he doth not know but that in
former times subjects have used force for their
mediation.
Being asked, what should have been done by
any of the persons that should have been removed
from the queen? He answered, that he never
found my lord disposed to shed blood ; but that
any that should have been found, should have had
indifferent trial.
Being asked upon his conscience, whether the
Earl of Essex did not give him comfort, that if he
came to authority, there should be a toleration for
religion? He confesseth, he should have been to
blame to have denied it.
Christopher Blunt.
This was read unto Sir Christopher Blunt, and
afterwards signed by him in the presence of us
who are under written :
Jo. Herbert, Rob. Andrews,
Nic. Kempe, Jo. Trevor,
Wil. Waimarke, Th. Thorney.
Wil. Martin,
The second confession of Sir Christopher Blunt,
the same day, viz. : the ISth of February ; taken
before Mr. John Herbert, second Secretary of
Estate, and subscribed by him in the presence of
Nicholas Kempe, counsellor at law, Thomas
Thorney, his surgeon, and William Martin,
Robert Andrews, and Randolph Bull, ctrt-
zens.
The first confession uf Sir Christopher Blunt, Sir Christopher Blunt, after the signing of this
examined the \%thtf February, 1600, before Jo. confession, being told, that he did not deal
Hermit, second Secretory of Estate, and in the plainly, excused himself by hit former weakness,
Vol. II.— 47
370 DECLARATION OF THE TREASON OF ROBERT, EARL OF ES8EX.
putting us in mind that he said once before, that
when he was able to speak, he would tell all
truth, doth now confess; That four or five days
before the Earl of Essex did rise, he did set down
certain articles to be considered on, which he
saw not, until afterwards he was made acquainted
with them, when they had among themselves
disputed : which were these.
One of them was, whether the Tower of Lon-
don should be taken ?
Another, whether they should not possess the
court, and so secure my lord, and other men, to
come to the queen 1
For the first concerning the Tower, he did not
like it; concluding, that he that had the power
of the queen, should have that.
He confesseth that upon Saturday night, when
Mr. Secretary Herbert had been with the earl, and
that he saw some suspicion was taken, he thought
it in vain to attempt the court, and persuaded him
rather to save himself by flight, than to engage
himself farther, and all his company. And so
the resolution of the earl grew to go into the city,
in hope, as he said before, to find many friends
there.
He doth also say, that the earl did usually
speak of his purpose to alter the government.
Christopher Blunt.
Exam, per Jo. Herbert.
Subscribed in the presence of
Nic. Kempe, W. Martin,
Tho. Thorney, Randolph Bull.
Rob. Andrews.
The declaration of the Lord Keeper, the Earl of
Worcester, and the Lord Chief Justice of Eng-
land.
Upon Sunday, being the 8th of February last
past, about ten of the clock in the forenoon, the
Lord Keeper of the Great Seal, the Earl of Wor-
cester, Sir William Knolles, comptroller of her
majesty's household, and the Lord Chief Justice
of England, being commanded by direction from
the queen's majesty, did repair to the late Earl of
Essex his house, and finding the gate shut against
them, after a little stay they were let in at the
wicket: and as soon as they were within the
gate, the wicket was shut upon them, and all
their servants kept out.
At their coming thither they found the court
full of men assembled together in very tumultu-
ous sort; the Earls of Essex, Rutland, and South-
ampton, and the Lord Sandys, Mr. Parker, com-
monly called Lord Montegle, Sir Christopher
Blunt, Sir Charles Davers, and many other
knights and gentlemen, and other persons un-
known, which flocked together about the lord
keeper, &c. And thereupon the lord keeper
told the Earl of Essex, that they were sent from
her majesty to understand the cause of this their
jmbly, and to let them know, that if they had
any particular cause of grief against any person
whatsoever, it should be heard, and they should
have justice.
Hereupon the Earl of Essex with a very loud
voice declared, That his life was sought, and that
he should have been murdered in his bed ; that he
had been perfidiously dealt with ; that his hand
has been counterfeited, and letters written in his
name ; and that, therefore, they were assembled
there together to defend their lives; with much
other speech to like effect. Hereupon the lord
chief justice said unto the earl, That if they had
any such matter of grief, or if any such matter
were attempted or purposed against him, he
willed the earl to declare it, assuring him that it
should be truly related to her majesty, and that it
should be indifferently heard, and justice should
be done whomsoever it concerned*
To this the Earl of Southampton objected the
assault made upon him by the Lord Gray. W here-
unto the lord chief justice said, That in his
case justice had been done, and the party impri-
soned for it. And hereupon the lord keeper did
eftsoons will the Earl of Essex, that whatsoever
private matter or offence he had against any person
whatsoever, if he would deliver it unto them, they
would faithfully and honestly deliver it to the
queen's majesty, and doubted not to procure him
honourable and equal justice, whomsoever it con-
cerned; requiring him, that if he would not declare
it openly, that he would impart it unto them pri-
vately, and doubted not but they would satisfy
him in it.
Upon this there was a great clamour raised
amongst the multitude, crying, " Away, my lord,
they abuse you, they betray you, they undo you,
you lose time." Whereupon the lord keeper
put on his hat, and said with a loud voice, " My
lord, let us speak with you privately, and under-
stand your griefs ; and I command you all upon
your allegiance, to lay down your weapons, and
to depart, which you ought all to do, being thus
commanded, if you be good subjects, and owe
that duty to the queen's majesty which you pro-
fess." Whereupon they all brake out into an
exceeding loud shout and cry, crying, "All! all!
all !"
And whilst the lord keeper was speaking, and
commanding them upon their allegiance, as is
before declared, the Earl of Essex, and the most
part of that company did put on their hats, and so
the Earl of Essex went into the house, and the
lord keeper, &c, followed him, thinking that hit
purpose had been to speak with them privately,
as they had required. And, as they were going,
some of that disordered company cried, " Kill
them." And as they were going into the great
chamber, some cried, " Cast the great seal out at
the window." Some other cried there, •» Kill
them ;" and some other said, " Nay, let us shop
them up."
DECLARATION OP THE TREASON OP ROBERT, EARL OP ESSEX. 371
The lord keeper did often call to the Earl of
Essex to speak with them privately, thinking
still that his meaning had been so, until the earl
brought them into his back chamber, and there
gave order to have the farther door of that chamber
shut fast. And at his going forth out of that
chamber, the lord keeper pressing again to have
spoken with the Earl of Essex, the earl said,
" My lords, be patient a while, and stay here, and
I will go into London, and take order with the
mayor and sheriffs for the city, and will be here
again within this half-hour;" and so departed
from the lord keeper, &c, leaving the lord keeper,
&c., and divers of the gentlemen pensioners in
that chamber, guarded by Sir John Davis, Francis
Tresham, and Owen Salisbury, with musket shot,
where they continued until Sir Perdinando Gorge
came and delivered them about four of the clock
in the afternoon.
In the mean time, we did often require Sir
John Davis, and Francis Tresham, to suffer us
to depart, or at the least to suffer some one of us
to go to the queen's majesty, to inform her where
and in what sort we were kept. But they
answered, That my lord, meaning the Earl of
Essex, h;td commanded that we should not de-
part before his return, which, they said, would be
very shortly.
Thomas Egerton, C. S.
Edward Worcester, John Popham.
7fe examination of Roger, Earl of Rutland,
the 12/A of February, 1600, taken before Sir
Thomas Egerton, Lord Keeper of the Great
seal; the Lord Buck hurst, Lord High Treasu-
rer ; the Earl of Nottingham, Lord High Admi-
ral ; Sir Robert Cecil, principal Secretary; and
Sir Jo. Popham, Lord Chief Justice of England t
He saith, that at his coming to Essex House
on Sunday morning last, he found there with the
Earl of Essex, the Lord Sandys, and the Lord
Chandos, and divers knights and gentlemen.
And the Earl of Essex told this cxaminate, that
his life was practised to be taken away by the
Lord Cobham, and Sir Walter Raleigh, when he
was sent for to the council ; and the earl said,
that now he meant by the help of his friends to
defend himself: and saith, that the detaining of
the lord keeper and the other lords sent to the
earl from the queen, was a stratagem of war;
and saith, That the Earl of Essex told him that
London stood for him, and that sheriff Smith had
given him intelligence, that he would make as
many men to assist him as he could ; and farther
the Earl of Essex said, that he meant to possess
himself of the city, the better to enable himself
to revenge him on his enemies, the Lord Cobham,
Sir Robert Cecil, and Sir Walter Raleigh. And
this examinate confesseth, That he resolved to
live and die with the Earl of Essex; and that
the Earl of Essex did intend to make his forces
so strong, that her majesty should not be able to
resist him in the revenge of his enemies. And
saith, That the Earl of Essex was most inward
with the Earl of Southampton, Sir Christopher
Blunt, and others ; who have of long time showed
themselves discontented, and have advised the
Earl of Essex to take other courses, and to stand
upon his guard : and saith, That when the Earl
of Essex was talking with the lord keeper, and
other the lords sent from her majesty, divers said,
" My lord, they mean to abuse you, and you lose
time." And when the earl came to sheriff
Smith's, he desired him to send for the lord
mayor that he might speak with him ; and as the
earl went in the streets of London, this examinate
said to divers of the citizens, that if they would
need 8 come, that it was better for their safety
to come with weapons in their hands: and
saith, That the Earl of Essex, at the end of the
street where sheriff Smith dwelt, cried out to the
citizens, that they did him harm, for that they
came naked; and willed them to get them
weapons; and the Earl of Essex also cried out
to the citizens, that the crown of England was
offered to be sold to the Infanta: and saith, That
the earl burned divers papers that were in a little
casket, whereof one was, as the earl said, a
history of his troubles: and saith, That when
they were assaulted in Essex House, after their
return, they first resolved to have mado a sally
out; and the earl said, that he was determined to
die ; and yet in the end they changed their opinion,
and yielded : and saith, That the Earl of South-
ampton, Sir Christopher Blunt, and Sir John
Davis, advised the Earl of Essex, that the lord
keeper and his company should be detained : and
this examinate saith, That he heard divers there
present cry out, " Kill them, kill them :" and saith,
That he thinketh the Earl of Essex intended,
that after he had possessed himself of the city,
he would entreat the lord keeper and his company
to accompany him to the court. He saith, he
heard Sir Christopher Blunt say openly, in the
presence of the Earl of Essex and others, how
fearful, and in what several humours they should
find them at the court, when they came thither.
Rutland.
Exam, per Th. Egerton, C. S. Ro. Cecil,
T. Buck hurst, Jo. Popham.
Nottingham,
The confession of William, Lord Sandys, of the
parish of Shcrborne-Cowdry, in the county of
Southampton, taken this IGth of February, 1600,
before Sir John Popham, Isord Chief Justice ,•
Roger Wilbraham, Master of the Requests;
and Edward Coke, her majesty's Attorney
General.
He saith, That he never understood that the
earl did mean to stand upon his strength till San-
872 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
day in the morning, being the 8th of this instant
February : and saith, that in the morning of that ;
day this examinate was sent for by the Earl of '
Essex about six or seven of the clock : and the ,
earl sent for him by his servant Warburton, who
was married to a widow in Hampshire. And at |
his coming to the earl, there were six or seven
gentlemen with him, but remembereth not what
they were; and next after, of a nobleman, came
my Lord Chandos, and after him came the Earl
of Southampton, and presently after the Earl of
Rutland, and after him Mr. Parker, commonly
called the Lord Montegle : and saith, That at his
coming to the Earl of Essex, he complained that
it was practised by Sir Walter Raleigh to have
murdered him as he should have gone to the lord
treasurer's house with Mr. Secretary Herbert.
And saith, that he was present in the court-yard '
of Essex House, when the lord keeper, the Earl
of Worcester, Sir William Knolles, and the lord
chief justice, came from the queen's majesty to
the Earl of Essex; and the lord chief justice
required the Earl of Essex to have some private
conference with him; and that if any private
wrongs were offered unto him* that they would
make true report thereof to her majesty, who, !
no doubt, would reform the same: and saith,
That this examinate went with the earl, and the
rest of his company, to London, to Sheriff Smith's,
but went not into the house with him, but stayed
in the street a while ; and being sent for by the
Earl of Essex, went into the house, and from
thence came with him till he came to Ludgate;
which place being guarded, and resistance being
made, and perceived by the Earl of Essex, he
said unto his company, "Charge;" and there-
upon Sir Christopher Blunt, and others of his
company gave the charge, and being repulsed,
and this examinate hurt in the leg, the earl
retired with this examinate and others to his
house called Essex House. And on his retire,
the earl said to this examinate, That if sheriff
Smith did not his part, that his part was as far
forth as the earl's own; which moved him to
think that he trusted to the city. And when the
earl was, after his retire, in Essex House, he
took an iron casket, and broke it open, and burned
divers papers in it, whereof there was a book, as
he taketh it, and said, as he was burning of
them, that they should tell no tales to hurt his
friends: and saith, That the earl said, that he
had a black bag about his neck that should tell
no tales. William Sandys.
Exam, per Jo. Popham,
ROGL'K WlLBRAHAM,
Edw. Coke.
The examination of the Lord Cromwell, taken the
7 th of March, 1600, by Sir J. Popham, Lord
Chief Justice ,• Christ. Yelverton, her mar
jetty's serjeant ,♦ and Fm Bacon, of her majesty's
learned counsel.
* At the sheriff's house this examinate pressed
in with the rest, and found the earls shifting
themselves in an inner chamber, where he heard
my Lord of Essex certify the company, that he
had been advertised out of Ireland, which he
would not now hide from them, that the realm
should be delivered over to the hands of the
Infanta of Spain, and that he was wished to look
to it; farther, that he was to seek redress for
injuries; and that he had left at his house for
pledges, the lord keeper, the Earl of Worcester,
Sir William Knolles, and the lord chief justice.
Edw. Cromwell.
Exam, per Jo. Popham, Chr. Yelverton,
Fr. Bacon.
Sir Christopher Blunt, knight, at the lime of his
arraignment did openly at the bar desire to
speak with the Ittrd admiral and Mr. Secretary.-
before whom he made this confession following;
which the Earl of Southampton confirmed after*
wards, and he himself likewise at his death.
He confesseth, that at the castle of Dublin, in
that lodging which was once the Earl of South-
ampton's, the Earl of Essex purposing his return
into England, advised with the Earl of South-
ampton and himself, of his best manner of going
into England for his security, seeing to go he was
resolved.
At that time he propounded his going with a
competent number of soldiers, to the number of
two or three thousand, to have made good his
first landing with that force, until he could have
drawn unto himself a sufficient strength to have
proceeded farther.
From this purpose this examinate did use all
forcible persuasions, alleging not only his own
ruin, which should follow thereof, and all those
which should adhere to him in that action ; bat
urging it to him as a matter most foul, because h«
was not only held a patron of his country, which
by this means he should have destroyed ; but also
should have laid upon himself an irrevocable blot,
having been so deeply bound to her majesty. To
which dissuasion the Earl of Southampton also
inclined.
This design being thus dissuaded by them,
then they fell to a second consideration : and
therein this examinate confesseth, That he rather
advised him, if needs he would go, to take with
him some competent number of choice men.
He did not name unto him any particular power
that would have come to him at his landing, bat
* This examination, ns appvaretb by iho date, wu takes
after Essex's arraignment, but is inserted, to show bow tbt
speech, of the realm to be sold to the Infanta, which at hit
arraignment he derired from Mr. Secretary, at sheriff
Smith's house he said he was advertised out of Irelaad : ui
with thia latter concur many other examinations.
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX. 373
assured himself that his army would have been '
quickly increased by all sorts of discontented
people.
He did confess before his going, That he was
assured that many of the rebels would be advised
by him, but named none in particular.
The examination of the Earl of Southampton after
his arraignment; taken before the Earl of Not-
tingham, Lord High Admiral; Sir Robert
Cecil, principal Secretary ,• and Mr. John Her-
bert, second Secretary of Estate.
Sir Christopher Blunt being hurt, and lying
in the castle of Dublin, in a chamber which had
been mine, the Earl of Essex one day took me
thither with him, where being none but we three,
he told us, He found it necessary for him to go
into England, and thought it fit to carry with him
as much of the army as he could conveniently
transport, to go on shore with him to Wales, and
there to make good his landing with those, till he
could send for more; not doubting but his army
would so increase in a small time, that he should
be able to march to London, and make his condi-
tions as he desired.
To which project I answered, That I held it
altogether unfit, as well in respect of his con-
science to God, and his love to his country, as
his duty to his sovereign, of which he, of all men,
ought to have greatest regard, seeing her majesty's
favours to him had been so extraordinary : where-
fore I could never give any consent unto it. Sir
Christopher Blunt joined with me in this opinion.
Exam, per Nottingham, Ro. Cecil,
J. Herbert.
The speech of Sir Christopher Blunt, at the time
of his death, as near as it could be remembered,
March 18, 1600.
My lords, and you that be present, although I
must confess, that it were better fitting the little
time I have to breathe, to bestow the same in
asking God forgiveness for my manifold and
abominable sins, than to use any other discourse,
especially having both an imperfection of speech,
and, God knows, a weak memory, by reason of my
late grievous wound : yet, to satisfy all those that
are present, what course hath been held by me in
this late enterprise, because I was said to be an
insti'^ator and setter on of the late earl, I will
truly, and upon the peril of my soul, speak the
truth.
It is true, that the first time that ever I under-
stood of any dangerous discontentment in my
Lord of Essex, was about three years ago, at
Wanstead, upon his coming one day from Green-
wich. At that time he spake many things unto
me, bnt descended into no particulars, but in
general terms.
After which time he never brake with me in
any matter tending to the alteration of the state, I
protest before God, until he came into Ireland,
other than I might conceive, that he was of an
ambitious and discontented mind. But when I
lay at the castle of Thomas Lee, called Reban, in
Ireland, grievously hurt, and doubted of my life,
he came to visit me, and then began to acquaint
me with his intent.
[As he thus spake, the sheriff began to inter-
rupt him, and told him the hour was past. But
my Lord Gray, and Sir Walter Raleigh, captain
of the guard, called to the sheriff, and required
him not to interrupt him, but to suffer him quietly
to finish his prayers and confessions. Sir Chris-
topher Blunt said, Is Sir Walter Raleigh there?
Those on the scaffold answered, Yea. To whom
Sir Christopher Blunt spake on this manner:]
Sir Walter Raleigh, I thank God that you are
present: I had an infinite desire to speak with
you, to ask you forgiveness eTe I died, both for
the wrong done you, and for my particular ill
intent towards you : I beseech you forgive me.
Sir Walter Raleigh answered, That he most
willingly forgave him, and besought God to for-
give him, and to give him his divine comfort:
protesting before the Lord, That whatsoever Sir
Christopher Blunt meant towards him, for his
part he never had any ill intent towards him : and
farther said to Sir Christopher Blunt, " I pray
you without offence let me put you in mind that
you have been esteemed, not only a principal pro-
voker and persuader of the Earl of Essex in all
his undutiful courses, but especially an adviser
in that which had been confessed of his purpose
to transport a great part of her majesty's army out
of Ireland into England, to hind at Milford, and
thence to turn it against her sacred person. You
shall do well to tell the truth, and to satisfy the
world." To which he answered thus :
Sir, if you will give me patience, 1 will deliver
a truth, speaking now my last, in the presence
of God, in whose mercy I trust. [And then he
directed himself to my Lord Gray and my Lord
Compton, and the rest that sat on horseback near
the scaffold.]
When I was brought from Reban to Dublin,
and lodged in the castle, his lordship and the
Earl of Southampton came to visit me ; and to be
short, he began thus plainly with me : That he
intended to transport a choice part of the army
of Ireland into England, and land them in Wales,
at Milford or thereabouts ; and so securing his
descent thereby, would gather such other forces
as might enable him to march to London. To
which, I protest before the Lord God, I made this
or the like answer: That I would that night con-
sider of it; which I did.
And the next day the earls came again : I told
them, That such an enterprise, as it was most
dangerous, so would it cost much blood, as I
could not like of it ; besides many hazards, which
' at this time I cannot remember unto you, neither
21
874 DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
will the time permit it. But 1 rather advised him to come to him, as well to deliver his knowledge of
go over himself with a good train, and make sure those treasons, which he had formerly denied at
of the court, and then make his own conditions, the bar, as also to recommend his humble ind
And although it be true, that, as we all pro* earnest request, that her majesty would be pleased,
tested in our examinations and arraignments, we out of her grace and favour, to suffer him to
never resolved of doing hurt to her majesty 's per- die privately in the Tower; he did marvellous
son, for in none of our consultations was there . earnestly desire, that we would suffer him to
set down any such purpose ; yet, I knew, and speak unto Cuffe, his secretary : against whom
must confess, if we had failed of our ends, we he vehemently complained unto us, to have been
should, rather than have been disappointed, even \ a principal instigator to these violent courses
have drawn blood from herself. From hencefor- which he had undertaken. Wherein he protested,
ward he dealt no more with me herein, until he ' that he chiefly desired that he might make it ap-
was discharged of his keeper at Essex House, pear that he was not the only persuader of those
And then he again asked mine advice, and dis- j great offences which they had committed; but
puted the matter with me ; but resolved not. I i that Blunt, Cuffe, Temple, besides those other
went then into the country, and before he sent for | persons who were at the private conspiracy at
me, which was some ten days before his rebellion, Drury House, to which, though these three were
I never heard more of the matter. And then he not called, yet, they were privy, had most mali-
wrote unto me to come up, upon pretence of mak-
ing some assurances of land, and the like. I will
leave the rest unto my confessions, given to that
honourable lord admiral, and worthy Mr. Secre-
tary, to whom 1 beseech you, Sir Walter Raleigh,
commend me ; 1 can requite their favourable and
charitable dealing with me, with naught else but
cious and bloody purposes to subvert the state and
government: which could not have been pre-
vented, if his project had gone forward.
This request being granted him, and Cuffe
brought before him, he there directly and vehe-
mently charged him ; and among other speeches
used these words: "Henry Cuffe, call to God
my prayers for them. And I beseech God of his for mercy, and to the queen, and deserve it by
mercy, to save and preserve the queen, who hath declaring truth. For I, that must now prepare
given comfort to my soul, in that I hear she hath for another world, have resolved to deal clearly
forgiven me all, but the sentence of the law, with God and the world : and must needs say
which I most worthily deserved, and do most this to you ; You have been one of the chiefest
willingly embrace ; and hope that God will have
mercy and compassion on me, who have offended
him as many ways as ever sinful wretch did. I
have led a life so far from his precepts, as no
sinner more. God forgive it me, and forgive me
my wicked thoughts, my licentious life, and this
right arm of mine, which, I fear me, hath drawn j
blood in this last action. And I beseech you all
bear witness, that I die a Catholic, yet so, as I
hope to be saved only by the death and passion
instigators of me to all these my disloyal courses
into which I have fallen."
Testified by Tho. Egerton, C. S.
Tho. Buck hurst,
Nottingham,
Ro. Cecil.
The Earl of Essex his confession to three ministers,
whose names are underwritten, the 25th of Fdr
of "Christ, and by his" merits, notascribhTg any ! ruar^ 160°-
thing to mine own works. And I trust you are ' The late Earl of Essex thanked God most
all good people, and your prayers may profit me. j heartily, that he had given him a deeper insight
Farewell, my worthy Lord Gray, and my Lord j into his offence, being sorry he had so stood upon
Compton, and to you all ; God send you both to | his justification at his arraignment, for he was
live long in honour. I will desire to say a few since that become another man.
prayers, and embrace my death most willingly, j He thanked God that his course was so pre-
With that he turned from the rail towards the vented : for if his project had taken effect, God
executioner ; and the minister offering to speak knows, said he, what harm it had wrought in the
with him, he came again to the rail, and besought realm.
that his conscience might not be troubled, for he He humbly thanked her majesty, that he should
was resolved ; which he desired for God's sake. '' die in so private a manner, lest the acclamation
Wrhereupon commandment was given, that the 0I" the people might have been a temptation unto
minister should not interrupt him any farther. him. To which he added, that all popularity and
After which he prepared himself to the block, trust in man was vain ; the experience whereof
and so died very manfully and resolutely. himself had felt.
a ak . . ,-,.„. „ „ , „ . He acknowledged, with thankfulness to God,
Jtn Abstract out of the Earl of Essex's confession that he was thus justly spewed out of the realm.
under his own hand. He publicly in his prayer and protestation, u
Upon Saturday, the twenty-first of February, also privately, aggravated the detestation of his
after the late Earl of Essex had desired us to offence ; and especially in the hearing of them
ADVICE TO SIR GEORGE VILLIERS.
875
that were present at the execution, he exaggerated
it with four epithets, desiring God to forgive him
his great, his bloody, his crying, and his infectious
sin; which word "infectious" he privately had
explained to us, that it was a leprosy that had in-
fected far and near.
Thomas M on ford, William Barlow,
Abdy Ashton, his chaplain.
ADVICE TO SIR GEORGE VILLIERS,
AFTERWARDS DUKE OF BUCKINGHAM,
WHEN HE BECAME FAVOURITE TO KING JAMES ;
BBCOMMKMDnrO MANY IMPORTANT INSTRUCTIONS HOW TO GOYBRN HIMSELF
IN TBI STATION OP PRIMS MINISTER.
WRITTEN BY SIR FRANCIS BACON, ON THE IMPORTUNITY OF HIS PATRON AND FRIEND.
Noble Sir, I
What you requested of me by word, when I last
waited on you, you have since renewed by your
letters. Your requests arc commands unto me : j
and yet the matter is of that nature, that I find j
myself very unable to serve you therein as you
desire. It hath pleased the king to cast an extra-
ordinary eye of favour upon you, and you express
yourself very desirous to win upon the judgment
of your master, and not upon his affections only.
I do very much commend your noble ambition ;
herein ; for favour so bottomed is like to be last-
ing ; whereas, if it be built upon the sandy foun-
dation of personal respects only, it cannot be
long-lived.
[* My lord, when the blessing of God, to whom,
in the first place, I know you ascribe your profer-
ment, and the king's favour, purchased by your
noble parts, promising as much as can be expected
from a gentleman, had brought you to this high
pitch of honour, to be in the eye and ear, and even
in the bosom of your gracious master : and you
had found by experience the trouble of all men's
confluence, and for all matters, to yourself, as a
mediator between them and their sovereign you
were pleased to lay this command upon me ; first,
in genera], to give you my poor advice for your
carriage in so eminent a place, and of so much
danger, if not wisely discharged. Next, in particu-
lar, by what means to give despatches to suitors of
all sorts, for the king's best service, the suitors'
satisfaction, and your own ease. I humbly return ]
you mine opinion in both these, such as a her- j
mit, rather than a Courtier can render.]
Yet in this you have erred, in applying your-
self to me, the most unworthy of your servants, to
give assistance upon so weighty a subject.
• What is (band in crotchets is borrowed from the original
tdilion, publiaittd in 4 to, 1001.
You know, I am no courtier, nor versed in state
affairs : my life hitherto hath rather been contem-
plative than active ; I have rather studied books
than men ; I can but guess, at the most, at these
things in which you desiro to be advised ; never-
theless, to show my obedience, though with the
hazard of my discretion, I shall yield unto you.
Sir, in the first place, I shall be bold to put you
in mind of the present condition you are in. You
arc not only a courtier, but a bed-chamber man,
and so are in the eye and ear of your master; but
you are also a favourite ; the favourite of the time,
and so are in his bosom also. The world hath so
voted you, and doth so esteem of you ; for kings
and great princes, even the wisest of them, have had
their friends, their favourites, their privadoes, in
all ages; for they have their affections as well as
other men. Of these they make several uses;
sometimes to communicate and debate their
thoughts with them, and to ripen their judgments
thereby ; and sometimes to ease their cares by im-
parting them ; and sometimes to interpose them
between themselves and the envy or malice of their
people; for kings cannot err; that must be dis-
charged upon the shoulders of their ministers; and
they who are nearest unto them must be content
to bear the greatest load. [Remember then what
your true condition is. The king himself is above
the reach of his people, hut cannot be above their
censures ; and you are his shadow, if either he
commit an error, and is loath to avow it, but excuses
it upon his ministers, of which you are first in the
eye ; or you commit the fault, or have willingly
permitted it, and must suffer for it ; and so per-
haps you may be offered a sacrifice to appease the
multitude.] But truly, sir, I do not believe or
suspect that you are chosen to this eminency out
of the last of these considerations; for you serve
such a master, who by his wisdom and goodness
876
ADVICE TO SIR GEORGE VILLIERS.
is as free from the malice or envy of his sub- :
jects, as, I think, I may truly say, ever any king
was, who hath sat upon his throne before him.
But I am confident his majesty hath cast his eyes
upon you, as finding you to be such as you should j
be, or hoping to make you to be such as he would '
have you to be ; for this I may say, without flat-
tery, your outside promiseth as much as can be
expected from a gentleman ; but be it in the one
respect or other, it belongeth to you to take care of
yourself, and to know well what the name of fa-
vourite signifies. If you be chosen upon the for- ,
mer respects, you have reason to take care of your
actions and deportment, out of your gratitude for
the king's sake; but if out of the latter, you ought
to take the greater care for your own sake.
You are as a new-risen star, and the eyes of all
men are upon you ; let not your own negligence
make you fall like a meteor.
[Remember well the great trust you have un-
dertaken; you are as a continual sentinel, always
to stand upon your watch to give him true intel-
ligence. If you flatter him, you betray him; if
you conceal the truth of those things from him
which concern his justice or his honour, although
not the safety of his person, you arc as danger-
ous a traitor to his state, as he that riseth in arms
against him. A false friend is more dangerous
than an open enemy : kings are styled gods upon
earth, not absolute, but ** Dixi, Dii estis ;" and
the next words are, u sed moriemini sicut homi-
nes ;" they shall die like men, and then all their
thoughts perish. They cannot possibly see all
things with their own eyes, nor hear all things with
their own ears ; they mustcommit many great trusts
to their ministers. Kings must be answerable to
God Almighty, to whom they are but vassals, for
their actions, and for their negligent omissions :
but the ministers to kings, whose eyes, ears, and
hands they are, must be answerable to God and
man for the breach of their duties, in violation of
their trusts, whereby they betray them. Opinion
is a master wheel in these cases : that courtier who
obtained a boon of the emperor, that he might every
morning at his coming into his presence humbly
whisper him in the ear and say nothing, asked no
unprofitable suit for himself: but such a fancy
raised only by opinion cannot be long-lived, unless
the man have solid worth to uphold it ; otherwise,
when once discovered it vanisheth suddenly. But
when a favourite in court shall be raised upon the
foundation of merits, and together with the care of
doing good service to the king, shall give good de-
spatches to the suitors, then can he not choose
but prosper.]
The contemplation then of your present condi-
tion must necessarily prepare you for action:
what time can be well spared from your atten-
dance on your master, will be taken up by suit-
ors, whom you cannot avoid nor decline without
reproach*. For if you do not already, you will
soon find the throng of suitors attend you ; for no
man, almost, who hath to do with the king, will
think himself safe, unless you be his good angel,
and guide him ; or at least that you be not a "ma-
lus genius1' against him : so that, in respect of the
king your master, you must be very wary that
you give him true information; and if the matter
concern him in his government, that you do net
flatter him : if you do, you are as great a traitor
to him in the court of heaven, as he that drawi
his sword against him : and in respect of the
suitors which shall attend you, there is nothing
will bring you more honour and more ease, than
to do them what right in justice you may, and
with as much speed as you may : for, believe it,
sir, next to the obtaining of the suit, a speedy and
gentle denial, when the case will not bear it, is
the most acceptable to suitors : they will gain by
their despatch ; whereas else they shall spend
their time and money in attending, and you will
gain, in the ease you will find in being rid of
their importunity. But if they obtain what they
reasonably desired, they will be doubly bound to
you for your favour; "Bis dat qui cito dat," it
multiplies the courtesy, to do it with good words
and speedily.
That you may be able to do this with the best
advantage, my humble advice is this; when suit-
ors come unto you, set apart a certain hour in a
day to give them audience : if the business be
light and easy, it may by word only be delivered,
and in a word be answered ; but if it be either of
weight or of difficulty, direct the suitor to commit
it to writing, if it be not so already, and then
direct him to attend for his answer at a set time
to be appointed, which would constantly be
observed, unless some matter of great moment
do interrupt it. When you have received the
petitions, and it will please the petitioners well,
to have access unto you to deliver them into your
own hand, let your secretary first read them, and
draw lines under the material parts thereof; for
the matter, for the most part, lies in a narrow
room. The petitions being thus prepared, do
you constantly set apart an hour in a day to
peruse those petitions ; and after you have ranked
them into several files, according to the subject
matter, make choice of two or three friends,
whose judgments and fidelities you believe yon
may trust in a business of that nature; and re-
commend it to one or more of them, to inform you
of their opinions, and of their reasons for or
against the granting of it. And if the matter be
of great weight indeed, then it would not bo
amiss to send several copies of the same petition to
several of your friends, the one not knowing what
the other doth, and desire them to return their
answers to you by a certain timo, to be prefixed,
in writing; so shall you receive an impartial
answer, and by comparing the one with the other,
as out of " responsa prudentiara," yon shall both
ADVICE TO SIR GEORGE VILLIERS.
877
cern the abilites and faithfulness of your
»nds, and be able to give a judgment thereupon
an oracle. But by no means trust to your own
Igment alone ; for no man is omniscient : nor
at only to your servants, who may mislead you
misinform you ; by which they may perhaps
in a few crowns, but the reproach will lie upon
uraelf, if it be not rightly carried.
For the facilitating of your despatches, my
rice is farther, that you divide all the petitions,
1 the matters therein contained, under several
ids: which, I conceive, may be fitly ranked
0 these eight sorts.
[. Matters that concern religion, and the church
1 churchmen.
[I. Matters concerning justice, and the laws,
i the professors thereof.
[II. Councillors, and the council table, and
i great offices and officers of the kingdom.
[V. Foreign negotiations and embassies.
V. Peace and war, both foreign and civil, and
that the navy and forts, and what belongs to
sm.
VI. Trade at home and abroad.
VII. Colonies, or foreign plantations.
VIII. The court and curiality.
And whatsoever will not fall naturally under
9 of these heads, believe me, sir, will not be
nthy of your thoughts, in this capacity, we now
srnk of. And of these sorts, I warrant you, you
11 find enough to keep you in business.
I begin with the first, which concerns religion.
1. In the first place, be you yourself rightly
rsuaded and settled in the true Protestant reli-
m, professed by the Church of England ; which
obtless is as sound and orthodox in the doctrine
ireof, as any Christian church in the world.
[For religion, if any thing be offered to you
Lehiug it, or touching the church, or church-
m, or church government, rely not only upon
orself, but take the opinion of some grave and
linent divines, especially such as are sad and
icieet men, and exemplary for their lives.]
9. In this you need not be a monitor to your
icious master the king : the chiefest of his im-
rial titles is, to be The Defender of the Faith,
d his learning is eminent, not only above other
nees, but above other men ; be but his scholar,
i you are safe in that.
[If any question be moved concerning the doc-
ie of the Church of England expressed in the
rty-nine articles, give not the least ear to the
rrers thereof: that is so soundly and so ortho-
ily settled, as cannot be questioned without
treme danger to the honour and stability of our
igion ; which hath been sealed with the blood
to many martyrs and confessors, as are famous
ough the Christian world. The enemies and
derminere thereof are the Romish Catholic, so
ling themselves, on the one hand, whose tenets
Vol. II.— 48
are inconsistent with the truth of religion pro-
fessed and protested by the Church of England,
whence we are called Protestants ; and the Ana-
baptists, and separatists, and sectaries on the
other hand, whese tenents are full of schism, and
inconsistent with monarchy : for the regulating
of either, there needs no other coercion than the
due execution of the laws already established by
parliament.]
3. For the discipline of the* Church of England
by bishops, &c, I will not positively say, as
some do, that it is "jure divino;" but this I say
and think uex aniino," that it is the nearest to
apostolical truth ; and confidently I shall say, it
is fittest for monarchy of all others. I will use
no other authority to you, than that excellent pro-
clamation set out by the king himself in the first
year of his reign, and annexed before the book of
Common Prayer, which I desire you to read ; and
if at any time there shall be the least motion
made for innovation, to put the king in mind to
read it himself: it is most dangerous in a state,
to give ear to the least alteration in government.
[If any attempt be made to alter the discipline
of our church, although it be not an essential part
of our religion, yet, it is so necessary not to be
rashly altered, as the very substance of religion
will be interested in it: therefore, I desire you,
before any attempt be made of an innovation by
your means, or by any intercession to your mas-
ter, that you will first read over, and his majesty
call to mind that wise and weighty proclamation,
which himself penned, and caused to be published
in the first year of his reign, and is prefixed in
print before the book of Common Prayer, of that
impression, in which you will find so prudent, so
weighty reasons, not to hearken to innovations,
as will fully satisfy you, that it is dangerous to
give the least ear to such innovators ; but it is
desperate to be misled by them: and to settle
your judgment, mark but the admonition of the
wisest of men, King Solomon, Prov. xxiv. 21.
" My son, fear God and the king, and meddle not
with those who are given to change."]
4. Take heed, I beseech you, that you be not
an instrument to countenance the Romish Catho-
lics. I cannot flatter, the world believes that
some near in blood to you are too much of that
persuasion ; you must use them with fit respects,
according to the bonds of nature ; but you are of
kin, and so a friend to their persons, not to their
errors.
5. The archbishops and bishops, next under
the king, have the government of the church and
ecclesiastical affairs: be not you the mean to
prefer any to those places for any by-respects ;
but only for their learning, gravity, and worth :
their lives and doctrine ought to be exemplary.
6. For deans, and canons or prebends of
cathedral churches; in their first institution they
were of great use in the church ; they were not
9i9
878
ADVICE TO SIR GEORGE VILLIERS.
only to be of counsel with the bishop for his ; fession ; but this I may truly say, They are second
revenue, but chiefly for his government in causes ' to none in the Christian world,
ecclesiastical : use your best means to prefer such c [They are the best, the equallest in the world
to those places who are fit for that purpose, men between prince and people; bj which the king
eminent for their learning, piety, and discretion, hath the just est prerogative, and the people the
and put the king often in mind thereof; and let best liberty ; and if at any time there be an unjust
them be reduced again to their first institution. deviation, " Hominis est vitium, non profes-
7. You will be often solicited, and perhaps sionis."]
importuned to prefer scholars to church living : 2. And as far as it may lie in you, let do arbi-
you may further your friends in that way, " ceteris ; trary power be intruded : the people of this king-
paribus ;" otherwise remember, I pray, that these I dom love the laws thereof, and nothing will oblige
are not places merely of favour; the charge of ' them more, than a confidence of the free enjoying
souls lies upon them ; the greatest account of them ; what the nobles upon an occasion "not
whereof will be required at their own hands; but said in parliament, "Nolumus leges Anglic
they will share deeply in their faults who are the ; mutare," is imprinted in the hearts of all the
instruments of their preferment. people.
8. Besides the Romish Catholics, there is a 3. But, because the life of the laws lies in the
generation of sectaries, the Anabaptists, Brown- due execution and administration of them, let
ists, and others of their kinds ; they have been
several times very busy in this kingdom, under
the colour of zeal for reformation of religion : the
king your master knows their disposition very
well ; a small touch will put him in mind of them ;
he had experience of them in Scotland, I hope
he will beware of them in England; a little
countenance or connivancy sets them on fire.
9. Order and decent ceremonies in the church
are not only comely, but commendable; but there
must be great care not to introduce innovations,
they will quickly prove scandalous; men are
naturally over-prone to suspicion ; the true Protes-
tant religion is seated in the golden mean ; the
enemies unto her are the extremes on either hand.
your eye be, in the first place, upon the choice of
good judges: these properties had they need to
be furnished with ; to be learned in their profes-
sion, patient in hearing, prudent in governing,
powerful in their elocution to persuade and satisfy
both the parties and hearers ; just in their judg-
ment: and, to sum up all, they must ha?e these
three attributes ; they must be men of courage,
fearing God, and hating covetousness ; an igno-
rant man cannot, a coward dares not be a good
judge.
4. By no means be you persuaded to interpose
yourself, either by word or letter, in any cause
depending, or like to be depending in any court
of justice, nor suffer any other great man to do it
10. The persons of churchmen are to be had in j where you can hinder it, and by all means dis-
due respect for their work's sake, and protected i suade the king himself from it, upon the irapor-
from scorn ; but if a clergyman be loose and tunity of any for themselves or their friends : if
scandalous, he must not be patronized nor winked
at; the example of a few such corrupt many.
11. Great care must be taken, that the patri-
mony of the church be not sacrilegiously diverted
to lay uses : his majesty in his time hath religi-
ously stopped a leak that did much harm, and
would else have done more. Be sure, as much
as in you lies, stop the like upon all occasions.
12. Colleges and schools of learning are to be
it should prevail, it perverts justice; but if the
judge be so just, and of such courage, as he ought
to be, as not to be inclined thereby, yet, it always
leaves a taint of suspicion behind it ; judges must
be as chaste as Caesar's wife, neither to be, nor
to be suspected to be unjust; and, sir, the honour
of the judges in their judicature is the king's
honour, whose person they represent.
5. There is great use of the service of the
cherished and encouraged, there to breed up a new judges in their circuits, which are twice in the
stock to furnish the church and commonwealth
when the old store are transplanted. This king-
year held throughout the kingdom : the trial of
causes between party and party, or delivering of
dom hath in later ages been famous for good I the jails in the several counties, are of great use
literature ; and if preferment shall attend the j for the expedition of justice : yet, they are of
deservers, there will not want supplies. j much more use for the government of the counties
! through which they pass, if that were well thought
II. Next to religion, let your care be to pro- . upon,
mote justice. By justice and mercy is the king's ' 6. For if they had instructions to that purpose,
throne established. they might be the best intelligencers to the king
1. Let the rule of justice be the laws of the of the true state of his whole kingdom, of the
land, an impartial arbiter between the king and disposition of the people, of their inclinations, of
his people, and between one subject and another : their intentions and motions, which are necessary
I shall not speak superlatively of them, lest I be to be truly understood,
suspected of partiality, in regard to my own pro- 7. To this end I could wish, that against eferj
ADVICE TO SIR GEORGE VILLIERS.
879
circuit all the judges should, sometimes by the
king himself, and sometimes by the lord chancel-
lor or lord keeper, in the king's name, receive a
charge of those things which the present times
did much require ; and at their return should de-
liver a faithful account thereof, and how they
found and left the counties through which they
passed, and in which they kept their assizes.
8. And that they might the better perform this
work, which might be of great importance, it will
not be amiss that sometimes this charge be public,
as it useth to be in the Star Chamber, at the end
of the terms next before the circuit begins, where
the king's care of justice, and the good of his
people, may be published; and that sometimes
also it may be private, to communicate to the
judges some things not so fit to be publicly de-
livered.
9. I could wish also, that the judges were
directed to make a little longer stay in a place
than usually they do; a day more in a county
would be a very good addition; although their
wages for their circuits were increased in propor-
tion : it would stand better with the gravity of
their employment; whereas now they are some-
times enforced to rise over-early, and to sit over-
late, for the despatch of their business, to the
extraordinary trouble of themselves and of the !
people, their times indeed not being "horse juri- ;
dies ;" and, which is the main, they would have
the more leisure to inform themselves, "quasi
aliud agentes," of the true estate of the country.
10. The attendance of the sheriffs of the coun-
ties accompanied with the principal gentlemen,
in a comely, not a costly equipage, upon the
judges of assize at their coming to the place of j
their sitting, and at their going out, is not only a
civility, but of use also: it raiseth a reverence to
the persons and places of the judges, who coining
from the king himself on so great an errand,
should not be neglected.
11. If any sue to be made a judge, for my own
part, I should suspect him : but if either directly
or indirectly he should bargain for a place of
judicature, let him be rejected with shame;
** Vendere jure potest, emerat ille prius."
12. When the place of a chief judge of a court
becomes vacant, a puisne judge of that court, or
of another court, who hath approved himself fit
and deserving, should be sometimes preferred ; it ,
would be a good encouragement for him, and for j
others by his example.
13. Next to the judge, there would be care
used in the choice of such as are called to the '
degree of sergeants at law, for such they must
be first before they be made judges ; none should
be made Serjeants but such as probably might be
held fit to be judges afterwards, when the expe-
rience at the bar hath fitted them for the bench :
therefore by all means cry down that unworthy
course of late times used, that they should pay
moneys for it; it may satisfy some courtiers, but
it is no honour to the person so preferred, nor to
the king, who thus prefers them.
14. For the king's counsel at the law, espe-
cially his attorney and solicitor general, I need
say nothing : their continual use for the king's
service, not only for his revenue, but for all the
parts of his government, will put the king, and
those who love his service, in mind to make
choice of men every way fit and able for that
employment; they had need to be learned in their
profession, and not ignorant in other things; and
to be dexterous in those affairs whereof the
despatch is committed to them.
15. The king's attorney of the court of wards
is in the true quality of the judges; therefore
what hath been observed already of judges,
which are intended principally of the three great
courts of law at Westminster, may be applied to
the choice of the attorney of this court.
lfi. The like for the attorney of the duchy of
Lancaster, who partakes of both qualities, partly
of a judge in that court, and partly of an attor-
ney general for so much as concerns the proper
revenue of the duchy.
17. 1 must not forget the judges of the four
circuits in the twelve shires of Wales, who,
although they are not of the first magnitude, nor
need be of the degree of the coif, only the chief
justice of Chester, who is one of their number,
is so, yet are they considerable in the choice of
them, by the same rules as the other judges are;
and they sometimes are, and fitly may be trans-
planted into the higher courts.
18. There are many courts, as you see, some
superior, some provincial, and some of a lower
orb : it were to be wished, and is fit to be so
ordered, that every of them keep themselves
within their proper spheres. The harmony of
justice is then the sweetest, when there is no
jarring about the jurisdiction of the courts;
which methinks wisdom cannot much differ upon,
their true bounds being for the most part so
clearly known.
19. Having said thus much of the judges,
somewhat will be fit to put you in mind concern-
ing the principal ministers of justice: and in the
first, of the high sheriffs of the counties, which
have been very ancient in this kingdom ; I am
sure before the conquest; the choice of them I
corn mend to your care, and that at fit times you
put the king in mind thereof; that as near as may
be they be such as are fit for those places : for
they are of great trust and power ; the " posse
comitatus," the power of the whole county
being legally committed unto him.
20. Therefore it is agreeable with the intention
of the law, that the choice of them should be by
the commendation of the great officers of the
kingdom, and by the advice of the judges, who
are presumed to be well read in the condition of
880
ADVICE TO SIR GEORGE VILLIERS.
the gentry of the whole kingdom : and although
the king may do it of himself, yet the old way is
the good way.
21. But I utterly condemn the practice of the
later times, which hath lately crept into the court,
at the back-stairs, that some who are pricked for
sheriffs, and were fit, should get out of the bill ;
and others who were neither thought upon, nor
worthy to be, should be nominated, and both for
money.
22. I must not omit to put you in mind of the
lord lieutenants and deputy lieutenants of the
counties : their proper use is for ordering the mili-
tary affairs, in order to an invasion from abroad,
or a rebellion or sedition at home ; good choice
should be made of them, and prudent instructions
given to them, and as little of the arbitrary power,
as may be, left unto them ; and that the muster-
masters, and other officers under them, encroach
not upon the subject ; that will detract much from
the king's service.
23. The justices of peace are of great use.
Anciently, there were conservators of the peace ;
these are the same, saving that several acts of
parliament have altered their denomination, and
enlarged their jurisdiction in many particulars:
the fitter they are for the peace of the kingdom,
the more heed ought to be taken in the choice of
them.
24. But, negatively, this I shall be bold to say,
that none should be put into either of those com-
missions with an eye of favour to their persons, to
give them countenance or reputation in the places
where they live, but for the king's service sake ;
nor any put out for the disfavour of any great
man : it hath been too often used, and hath been
no good service to the king.
25. A word more, if you please to give me
leave, for the true rules of moderation of justice
on the king's part. The execution of justice is
committed to his judges, which seemeth to be the
severer part; but the milder part, which is mercy,
is wholly left in the king's immediate hand : and
justice and mercy are the true supporters of his
royal throne.
26. If the king shall be wholly intent upon
justice, it may appear with an over-rigid aspect;
but if he shall be over-remiss and easy, it
draweth upon him contempt. Examples of jus-
tice must be made sometimes for terror to some ;
examples of mercy sometimes, for comfort to
others ; the one procures fear, and the other love. A
king must be both feared and loved, else he is lost.
27. The ordinary courts of justice I have
spoken of, and of their judges and judicature : I
shall put you in mind of some things touching
the high court of parliament in England, which is
superlative ; and therefore it will behoove me to
speak the more warily thereof.
28. For the institution of it, it is very ancient
in this kingdom : it consisteth of the two Houses,
of peers and commons, as the members ; and of
the king's majesty, as the head of that great
body : by the king's authority alone, and by his
writs, they are assembled, and by him alone are
they prorogued and dissolved ; but each House
may adjourn itself.
29. They being thus assembled, are more pro-
perly a council to the king, the great council of
the kingdom, to advise his majesty in those things
of weight and difficulty, which concern both the
king and people, than a court.
30. No new laws can be made, nor old laws
abrogated or altered, but by common consent in
parliament, where bills are prepared and present-
ed to the two Houses, and then delivered, hot
nothing is concluded but by the king's royal
assent ; they are but embryos, it is he giveth life
unto them.
31. Yet theHouseof Peers hath a power of
judicature in some cases: properly to examine,
and then to affirm ; or, if there be cause, to reverse
the judgments which have been given in the
court of King's Bench, which is the court of
highest jurisdiction in the kingdom for ordinary
judicature ; but in these cases it must be done by
writ of error " in parliamento :" and thus the rule
of their proceedings is not " absoluta potestas,"
as in making new laws, in that conjuncture as
before, but "limitata potestas," according to the
known laws of the land.
32. But the House of Commons have only
power to censure the members of their own House,
in point of election, or misdemeanors in or towards
that House ; and have not, nor ever had, power so
much as to administer an oath to prepare a
judgment.
33. The true use of parliaments in this king*
dom is very excellent; and they would be often
called, as the affairs of the kingdom shall require;
and continued as long as is necessary and no
longer: for then they be but burdens to the
people, by reason of the privileges justly due to
the members of the two Houses and their attend-
ants, which, their just rights and privileges are
religiously to be observed and maintained : but
if they should be unjustly enlarged beyond their
true bounds, they might lessen the just power
of the crown, it borders so near upon popularity.
34. All this while I have spoken concerning
the common laws of England, generally and pro-
perly so called, because it is most general and
common to almost all cases and causes, both civil
and criminal : but there is also another law,
which is called the civil or ecclesiastical law,
which is confined to some few heads, and that is
not to be neglected : and although I ara a profes-
sor of the common law, yet am I so much a lover
of truth and of learning, and of my native coun-
try, that I do heartily persuade that the professors
of that law, called civilians, because the civil law
is their guide, should not be discountenanced nor
ADVICE TO SIR GEORGE VILLIERS.
8*1
discouraged: else, whensoever we shall hare
aught to do with any foreign king or state, we
shall be at a miserable loss, for want of learned
men in that profession.
III. I come now to the consideration of those
things which concern counsellors of state, the
council table, and the great offices and officers of
the kingdom ; which are those who for the most
part furnish out that honourable board.
1. Of counsellors there are two sorts : the first,
" consiliarii nati," as I may term them, such are
the Prince of Wales, and others of the king's
sons, when he hath more, of these I speak not,
for they are naturally born to be counsellors to
the king, to learn the art of governing betimes.
9. But the ordinary sort of counsellors are such
as the king, out of a due consideration of their
worth and abilities, and, withal, of their fidelities
to his person and to his crown, calleth to be of
council with him in his ordinary government.
And the council-table is so called from the place
where they ordinarily assemble and sit together ;
and their oath is the only ceremony used to make
them such, which is solemnly given unto them at
their first admission: these honourable persons
are from thenceforth of that board and body:
they cannot come until they be thus called, and
the king at his pleasure may spare their attend-
ance ; and he may dispense with their presence
there, which at their own pleasure they may
not do.
3. This being the quality of their service, you
may easily judge what care the king should use
in his choice of them. It behooveth that they be
persons of great trust and fidelity, and also of
wisdom and judgment, who shall thus assist in
bearing up the king's throne, and of known expe-
rience in public affairs.
4. Yet it may not be unfit to call some of young
years, to train them up in that trade, and so fit
them for those weighty affairs against the time of
greater maturity, and some also for the honour of
their persons : but these two sorts are not to be
tied to so strict attendance as the others, from
whom the present despatch of business is ex-
pected.
5. I could wish that their number might not be
so over-great, the persons of the counsellors
would be the more venerable : and I know that
Queen Elizabeth, in whose time I had the hap-
piness to be born and to live many years, was not
so much observed for having a numerous as a wise
council.
6. The duty of a privy-counsellor to a king, I
conceive, is not only to attend the council-board
at the times appointed, and there to consult of
what shall be propounded; but also to study
those things which may advance the king's honour
and safety, and the good of the kingdom, and to
communicate the same to the king, or to his fellow-
counsellors, as there shall be occasion. And this,
sir, will concern you more than others, by how
much you have a larger share in his affections.
7. And one thing I shall be bold to desire yon
to recommend to his majesty : that when any new
thing shall be propounded to be taken into con-
sideration, that no counsellor should suddenly
deliver any positive opinion thereof: it is not so
easy with all men to retract their opinions, al-
though there shall be cause for it: but only to
hear it, and at the most but to break it, at first,
that it may be the better understood against the
next meeting.
8. When any matter of weight hath been de-
bated, and seemeth to be ready for a resolution ; I
wish it may not be at that sitting concluded,
unless the necessity of the time press it, lest upon
second cogitations there should be cause to alter;
which is not for the gravity and honour of that
board.
9. I wish also that the king would be pleased
sometimes to be present at that board ; it adds a
majesty to it; and yet not to be too frequently
there ; that would render it less esteemed when it
is become common : besides, it may sometimes
make the counsellors not be so free in their de-
bates in his presence as they would be in his
absence.
10. Besides the giving of counsel, the coun-
sellors are bound by their duties " ex vi termini,"
as well as by their oaths, to keep counsel ; there-
fore are they called " de privato consilio regis,9*
and "a secretioribus consiliis regis."
11. One thing I add, in the negative, which is
not fit for that board, the entertaining of private
causes of "meum et tuum ;" those should be left
to the ordinary course and courts of justice.
12. As there is great care to be used for the
counsellors themselves to be chosen, so there is
of the clerks of the council also, for the secreting
of their consultations : and, methinks, it were fit
that his majesty be speedily moved to give a strict
charge, and to bind it with a solemn order, if it
be not already so done, that no copies of the
orders of that table be delivered out by the clerks
of the council but by the order of the board ; nor
any, not being a counsellor, or a clerk of the
council, or his clerk, to have access to the council
books: and to that purpose, that the servants
attending the clerks of the council be bound to
secrecv, as well as their masters.
13. For the great offices and officers of the
kingdom, I shall say little ; for the most part of
them are such as cannot well be severed from the
counsellorship ; and therefore the same rule is to
be observed for both, in the choice of them. In the
general, only, I advise this, let them be set in those
places for which they are probably the most fit.
14. But in the quality of the persons, I con-
ceive it will be most convenient to have some of
every sort, as in the time of Queen Elizabeth it
883
ADVICE TO SIR GEORGE V1LLIERS.
was : one bishop at the least, in respect of ques- J
tions touching religion or church government ; '
one or more skilled in the laws ; some for martial j
affairs : and some for foreign affairs : by this
mixture one will help another in all things that
shall there happen to be moved. But if that
should fail, it will be a safe way, to consult with
some other able persons well versed in that point
which is the subject of their consultation ; which
yet may be done so warily, as may not discover
the main end therein.
IV. In the next place, I shall put you in mind
of foreign negotiations, and embassies to or with
foreign princes or states ; wherein I shall be little
able to serve you.
1. Only, I will tell you what was the course in
the happy days of Queen Elizabeth, whom it will
be no disreputation to follow : she did vary, ac-
cording to the nature of the employment, the qua-
lity of the persons she employed ; which is a good
rule to go by.
2. If it were an embassy of gratulation or cere-
mony, which must not be neglected, choice was
made of some noble person, eminent in place and
able in purse ; and he would take it as a mark of
favour, and discharge it without any great bur-
den to the queen's coffers, for his own honour's
sake.
3. But if it were an embassy of weight, con-
cerning affairs of state, choice was made of some
sad person of known judgment, wisdom, and ex-
perience ; and not of a young man not weighed in
state matters ; nor of a mere formal man, what-
soever his title or outside were.
4. Yet in company of such, some young to-
ward ly noblemen or gentlemen were usually sent
also, as assistants or attendants, according to the
quality of the persons; who might be thereby
prepared and fitted for the like employment, by
this means, at another turn.
5. In their company were always sent some
grave and sad men, skilful in the civil laws, and
some in the languages, and some who had been
formerly conversant in the courts of those princes,
and knew their ways ; these were assistants in
private, but not trusted to manage the affairs in
public ; that would detract from the honour of the
principal ambassador.
6. If the negotiation were about merchants* af-
fairs, then were the persons employed for the
most part doctors of the civil law, assisted with
some other discreet men ; and in such, the charge
was ordinarily defrayed by the company or socie-
ty of merchants whom the negotiation concerned.
7. If lieger ambassadors or agents were sent to
remain in or near the courts of those princes or
states, as it was ever held fit, to observe the mo-
tions, and to hold correspondence with them, upon
all occasions, such were made choice of as were
presumed to be vigilant, industrious, and discreet
men, and had the language of the pLice whither
they were sent ; and with these were sent such
as were hopeful to be worthy of the like employ*
ment at another time.
8. Their care was, to give true and timely in-
telligence of all occurrences, either to the queen
herself, or to the secretaries of state, unto whom
they had their immediate relation.
9. Their charge was always borne by the
queen, duly paid ont of the exchequer, in such
proportion, as, according to their qualities and
places, might give them an honourable subsist-
ence there : but for the reward of their service,
they were to expect it upon their return, by some
such preferment as might be worthy of them, and
yet be little burden to the queen's coffers or reve-
nues.
10. At their going forth they had their general
instructions in writing, which might be commu-
nicated to the ministers of that state whither they
were sent ; and they had also private instructions
upon particular occasions: and at their return,
they did always render an account of some things
to the queen herself, of some things to the body
of the council, and of some others to the secreta-
ries of state ; who made use of them, or commu-
nicated them, as there was cause.
11. In those days there was a constant course
held, that, by the advice of the secretaries, or some
principal counsellors, there were always sent forth
into several parts beyond the seas some young
men, of whom good hopes were conceived of their
towardliness, to he trained up, and made fit for
such public employments, and to learn the lan-
guages. This was at the charge of the queen,
which was not much ; for they travelled but as
private gentlemen : and as by their industry their
deserts did appear, so were they farther employed
or rewarded. This course I shall recommend
unto you, to breed up a nursery of such public
plants.
V. For peace and war, and those things which
appertain to either ; I in my own disposition and
profession am wholly for peace, if please God to
bless this kingdom therewith, as for many years
past he hath done : and
1. I presume I shall not need to persuade yos
to the advancing of it; nor shall you need to per-
suade the king your master therein, for that lie
hath hitherto been another Solomon in this our
Israel, and the motto which he hath chosen,
" Beati pacifici," shows his own judgment : hat
he must use the means to preserve it, else such a
jewel may be lost.
2. God is the God of peace ; it is one of his
attributes, therefore by him alone we must pray,
and hope to continue it : there is the foundation.
3. And the king must not neglect the just ways
ADVICE TO SIR GEORGE VILLIERS.
383
for it ; justice is the best protector of it at home,
and providence for war is the best prevention of
it from abroad.
4. Wars are either foreign or civil. For the
foreign war by the king upon some neighbour na-
tion, I hope we are secure. The king, in his pious
and just disposition, is not inclinable thereunto.
His empire is long enough, bounded with the
ocean, as if the very situation thereof had taught
the king and people to set up their rests, and say,
" Ne plus ultra."
5. And for a war of invasion from abroad ; only
we must not be over secure ; that is the way to
invite it.
6. But if we be always prepared to receive an
enemy, if the ambition or malice of any should
incite him, we may be very confident we shall
long live in peace and quietness, without any at-
tempts upon us.
7. To make the preparations hereunto the more
assured : in the first place, I will recommend unto
you the care of our outworks, the navy royal and
shipping of our kingdom, which are the walls
thereof; and every great ship is an impregnable
fort ; and our many safe and commodious ports
and havens, in every of these kingdoms, are as the
redoubts to secure them.
8. For the body of the ships, no nation of the
world doth equal England for the oaken timber
wherewith to build them ; and we need not borrow
of any other iron for spikes or nails to fasten them
together ; but there must be a great deal of pro-
vidence used, that our ship timber be not unne-
cessarily wasted.
0. But for tackling, as sails and cordage, we
are beholden to our neighbours for them, and
do buy them for our money ; that must be fore-
seen, and laid up in a store against a time of need,
and not sought for when we are to use them ; but
we are much to blame that we make them not at
home. Only pitch and tar we have not of our own.
10. For the true art of building of ships, for
burden and service both, no nation in the world
exceeds us. Shipwrights and all other artisans
belonging to that trade must be cherished and en-
couraged.
11. Powder and ammunition of all sorts we can
have at home, and in exchange for other home
commodities we may be plentifully supplied from
our neighbours, which must not be neglected.
12. With mariners and seamen this kingdom is
plentifully furnished, ^he constant trade of
merchandising will furnish us at a need ; and na-
vigable rivers will repair the store, both to the
aavy royal and to the merchants, if they be set on
work, and well paid for their labour.
13. Sea captains and commanders, and other
officers must be encouraged, and rise by degrees,
is their fidelity and industry deserve it.
[Let brave spirits that have fitted themselves
for command, either by sea or land, not belaid by,
as persons unnecessary for the time; let arms r.i.d
ammunition of all sorts be provided and stored up,
as against a day of battle ; let the ports and forts
be fitted so, as if by the next wind we should
hear of an alarm. Such a known providence is
the surest protection. But of all wars, let both
prince and people pray against a war in our own
bowels. The king by his wisdom, justice, and
moderation, must foresee and stop such a storm,
and if it fall, must allay it; and the people, by
their obedience, must decline it. And for a fo-
reign war, intended by an invasion, to enlarge
the bounds of our empire, which are large enough,
and are naturally bounded with the ocean, I have
no opinion either of the justness or fitness of it;
and it were a very hard matter to attempt it with
hope of success, seeing the subjects of this king-
dom believe it is not legal for them to be enforced
to go beyond the seas, without their own consent,
upon hope of an unwarranted conquest; but to re-
sist an invading enemy, or to suppress rebels, the
subjects may and must be commanded out of the
counties where they inhabit. The whole kingdom
is but one entire body ; else it will necessarily be
verified, which elsewhere was asserted, " Dum
singuli pugnamus, omnes vincimuT."]
11. Our strict league of amity and alliance with
our near neighbours, the Hollanders, is a mutual
strength to both. The shipping of both in con-
juncture, being so powerful, by God's blessing,
as no foreigners will venture upon. This league
and friendship must inviolably be observed.
15. From Scotland we have had in former times
some alarms and inroads into the northern parts
of this kingdom ; but that happy union of both
kingdoms under one sovereign, our gracious king,
I hope, hath taken away all occasions of breach
between the two nations. Let not the cause arise
from England, and I hope the Scots will not ad-
venture it ; or if they do, I hope they will find,
that although to our king they were his first-born
subjects, yet to England belongs the birthright ;
but this should not be any cause to offer any
injury to them, nor to suffer any from them.
16. There remains then no danger, by the bless-
ing of God, but a civil war, from which God of
his mercy defend us, as that which is most de-
sperate of all others. The king's wisdom and
justice must prevent it, if it may be ; or if it should
happen, " quod absit," he must quench that wild-
fire with all the diligence that possibly can be.
17. Competition to the crown there is none, nor
can be, therefore it must be a fire within the bow-
els, or nothing ; the cures whereof are these, " re-
medium praeveniens," which is the best physic,
either to a natural body, or to a state, by just and
equal government to take away the occasion ; and
"remedium puniens," if the other prevail not.
The service and vigilancy of the deputy lieute-
nants in every county, and of the high sheriff, will
contribute much herein to our security.
384
ADVICE TO SIR GEORGE VILLIERS.
18. Bat if that should not prevail, by a wise and
timous inquisition, the peccant humours and hu-
morists must be discovered and purged, or cutoff;
mercy, in such a case, in a king, is true cruelty.
19. Yet if the heads of the tribes can be taken
off, and the misled multitude will see their error,
and return to their obedience, such an extent of
mercy is both honourable and profitable.
20. A king, against a storm, must foresee to
have a convenient stock of treasure ; and neither
be without money, which is the sinews of war,
nor to depend upon the courtesy of others, which
may fail at a pinch.
21. He must also have a magazine of all sorts, j
which must be had from foreign parts, or provided ,
at home, and to commit them to several places, I
under the custody of trusty and faithful ministers |
and officers, if it be possible. {
22. He must make choice of expert and able
commanders to conduct and manage the war,
either against a foreign invasion, or a home rebel-
lion ; which must not be young and giddy, which
dare, not only to fight, but to swear, and drink,
and curse, neither fit to govern others, nor able to
govern themselves.
23. Let not such be discouraged, if they deserve
well, by misinformation, or for the satisfying the
humours or ambition of others, perhaps out of
envy, perhaps out of treachery, or other sinister
ends. A steady hand in governing of military
affairs is more requisite than in times of peace,
because an error committed in war, may, perhaps,
prove irremediable.
24. If God shall bless these endeavours, and
the king return to his own house in peace, when
a civil war shall be at an end, those who have
been found faithful in the land must be regarded,
yea, and rewarded also ; the traitorous, or treache-
rous, who have misled others, severely punished ;
and the neutrals and false-hearted friends and
followers, who have started aside like a broken
bow, be noted " carbone nigro." And so I shall
leave them, and this part of the work.
*
VI. I come to the sixth part, which is trade ;
and that is either at home or abroad. And I
begin with that which is at home, which enableth
the subjects of the kingdom to live, and layeth a
foundation to a foreign trade by traffic with others,
which enableth them to live plentifully and hap-
pily.
1. For the home trade, I first commend unto
your consideration the encouragement of tillage,
which will enable the kingdom for corn for the
natives, and to spare for exportation : and I myself
have known, more than once, when, in times of
dearth, in Queen Elizabeth's days, it drained
much coin of the kingdom, to furnish us with
corn from foreign parts.
2. Good husbands will find the means, by good
husbandry, to improve their lands, by lime, chalk,
marl, or sea-sand, where it can be had : but it
will not be amiss, that they be put in mind there-
of, and encouraged in their industries.
3. Planting of orchards, in a soil and air fit for
them, is very profitable, as well as pleasurable;
cider and perry are notable beverages in sea
voyages.
4. Gardens are also very profitable, if planted
with artichokes, roots, and such other things as
are fit for food ; whence they be called kitchen
gardens, and that very properly.
5. The planting of hop-yards, sowing of woad
and rape seed, are found very profitable for the
planters, in places apt for them, and consequently
profitable for the kingdom, which for divers yean
was furnished with them from beyond the seas.
G. The planting and preserving of woods, espe-
cially of timber, is not only profitable, but com-
mendable, therewith to furnish posterity, both for
building and shipping.
7. The kingdom would be much improved by
draining of drowned lands, and gaining that is
from the overflowing of salt waters and the sea,
and from fresh waters also.
8. And many of those grounds would be ex-
ceeding fit for dairies, which, being well house-
wived, are exceeding commodious.
9. Much good land might be gained from forests
and chases, more remote from the king's access,
and from other commonable places, so as always
there be a due care taken, that the poor common-
ers have no injury by such improvement*
10. The making of navigable rivers would be
very profitable ; they would be as so many in-
draughts of wealth, by conveying of commodities
with ease from place to place.
1 1 . The planting of hemp and flax would be
an unknown advantage to the kingdom, many
places therein being as apt for it, as any foreign
parts.
12. But add thereunto, that if it be converted
into linen-cloth or cordage, the commodity thereof
will he multiplied.
13. So it is of the wools and leather of the
kingdom, if they be converted into manufactures.
14. Our English dames are much given to the
wearing of costly laces ; and, if they be brought
from Italy, or France, or Flanders, they are in
gTeat esteem ; whereas, if the like laces were
made by the English, so much thread as would
make a yard of lace, being put into that manu-
facture, would be five times, or, perhaps, ten or
twenty times the value.
15. The breeding of cattle is of much profit,
especially the breed of horses, in many places,
not only for travel, but for the great saddle ; the
English horse, for strength, and courage, and
swiftness together, not being inferior to the hones
of any other kingdom.
16. The minerals of the kingdom, of lead, iron,
copper, and tin, especially, are of great value,
ADVICE TO SIR GEORGE VILLIERS.
385
and set many able-bodied subjects on work; it
were great pity they should not be industriously
followed.
17. But of all minerals, there is none like to
that of fishing, upon the coasts of these kingdoms,
and the seas belonging to them : our neighbours,
within half a day's sail of us, with a good wind,
can show us the use and value thereof; and,
doubtless, there is sea-room enough for both
nations, without offending one another; and it
would exceedingly support the navy.
18. This realm is much enriched, of late years,
by the trade of merchandise which the English
drive in foreign parts ; and, if it be wisely ma-
naged, it must of necessity very much increase
the wealth thereof: care being taken, that the ex-
portation exceed in value the importation; for
then the balance of trade must of necessity be
returned in coin or bullion.
19. This would easily be effected, if the mer-
chants were persuaded or compelled to make their
returns in solid commodities, and not too much
thereof in vanity, tending to excess.
20. But especially care must be taken, that
monopolies, which are the cankers of all trading,
be not admitted under specious colours of public
good.
21. To put all these into a regulation, if a con-
slant commission to men of honesty and under-
standing were granted, and well pursued, to give
order for the managing of these things, both at
home and abroad, to the best advantage ; and that
this commission were subordinate to the council
board ; it is conceived it would produce notable
effects.
VII. The next thing is that of colonies and
foreign plantations, which are very necessary, as
outlets, to a populous nation, and may be profit-
able also if they be managed in a discreet way.
1. First, in the choice of the place, which re-
quireth many circumstances; as, the situation,
near the sea, for the commodiousness of an inter-
course with England ; the temper of the air and
climate, as may best agree with the bodies of the
English, rather inclining to cold than heat ; that
it be stored with woods, mines, and fruits, which
are naturally in the place ; that the soil be such
as will probably be fruitful for corn, and other
conveniences, and for breeding of cattle ; that it
hath rivers, both for passage between place and
place, and for fishing also, if it may be; that the
natives be not so many, but that there may be
elbow-room enough for them, and for the adven-
tives also : all which are likely to be found in the
West Indies.
2. It should be also such as is not already
planted by the subjects of any Christian prince
or state, nor over-nearly neighbouring to their
plantation. And it would be more convenient, to
be chosen by some of those gentlemen or mer-
Vol. II.— 49
chants which move first in the work, than to be
designed unto them from the king; for it must
proceed from the option of the people, else it
sounds like an exile ; so the colonies must be
raised by the leave of the king, and not by his
command.
3. After the place is made choice of, the first
step must be, to make choice of a fit governor;
who, although he have not the name, yet he must
have the power of viceroy ; and if the person who
principally moved in the work be not fit for that
trust, yet he must not be excluded from command ;
but then his defect in the governing part must be
supplied by such assistants as shall be joined
with him, or as he shall very well approve of.
4. As at their setting out they must have their
commission or letters patents from the king, that
so they may acknowledge their dependency upon
the Crown of England, and under his protection ;
so they must receive some general instructions,
how to dispose of themselves when they come
there, which must be in nature of laws unto them.
5. But the general law, by which they must be
guided and governed, must be the common law of
England ; and to that end, it will be fit that some
man reasonably studied in the law, and otherwise
qualified for such a purpose, be persuaded, if not
thereunto inclined of himself, which were the best,
to go thither as chancellor amongst them, at first ;
and when the plantation were more settled, then
to have courts of justice there as in England.
6. At the first planting, or as soon after as they
can, they must make themselves defensible both
against the natives and against strangers ; and to
that purpose they must have the assistance of
some able military man, and convenient arms and
ammunition for their defence.
7. For the discipline of the church in those
parts, it will be necessary, that it agree with that
which is settled in England, else it will make a
schism and a rent in Christ's coat, which must be
seamless ; and, to that purpose, it will be fit that,
by the king's supreme power in causes ecclesias-
tical, within all his dominions, they be subordi-
nate under some bishop and bishopric of this
realm.
8. For the better defence against a common
enemy, I think it would be best, that foreign plan-
tations should be placed in one continent, and near
together; whereas, if they be too remote, the one
from the other, they will be disunited, and so the
weaker.
9. They must provide themselves of houses,
such as for the present they can, and, at more
leisure, such as may be better; and they first must
plant for corn and cattle, &c., for food and neces-
sary sustenance; and after, they may enlarge
themselves for those things which may be for
profit and pleasure, and to traffic withal also.
10. Woods for shipping, in the first place, may
doubtless be there had, and minerals there found,
2K
380
ADVICE TO SIR GEORGE VILUER&
perhaps, of the richest; howsoever, the mines out
of the fruits of the earth, and seas and waters
adjoining, may be found in abundance.
11. In a short time they may build vessels and
ships also, for traffic with the parts near adjoin-
ing, and with England also, from whence they
may be furnished with such things as they may
want, and, in exchange or barter, send from thence
other things, with which quickly, either by nature
or art, they may abound.
12. But these things would by all means be
prevented ; that no known bankrupt, for shelter ;
nor known murderer or other wicked person, to
avoid the law ; nor known heretic or schismatic,
be suffered to go into those countries ; or, if they
do creep in there, not to be harboured or continued :
else, the place would receive them naught, and
return them into England, upon all occasions,
worse.
13. That no merchant, under colour of driving
a trade thither or from thence, be suffered to work
upon their necessities.
14. And that to regulate all these inconve-
niences, which will insensibly grow upon them,
that the king be pleased to erect a subordinate
council in England, whose care and charge shall
be, to advise, and put in execution, all things
which shall be found fit for the good of those new
plantations ; who, upon all occasions, shall give
an account of their proceedings to the king, or to
the council-board, and from them receive such
directions as may best agree with the government
of that place.
15. That the king's reasonable profit be not
neglected, partly upon reservation of moderate
rents and services; and partly upon customs;
and partly upon importation and exportation of
merchandise ; which for a convenient time after
the plantation begin, would be very easy, to en-
courage the work : but, after it is well settled,
may be raised to a considerable proportion, wor-
thy the acceptation.
[Yet these cautions are to be observed in these
undertakings.
1 . That no man be compelled to such an em-
ployment ; for that were a banishment, and not a
service fit for a free man.
2. That if any transplant themselves into plan-
tations abroad, who are known schismatics, out-
laws, or criminal persons, that they be sent for
back upon the first notice ; such persons are not
fit to lay the foundation of a new colony.
3. To make no extirpation of the natives under
pretence of planting religion : God surely will no
way be pleased with such sacrifices.
4. That the people sent thither he governed
according to the laws of this realm, whereof they
are, and still must be subjects.
5. To establish there the same purity of reli-
gion, and the same discipline for church govern-
ment, without any mixture of popery or anabap-
tism, lest they should be drawn into factions and
schisms, and that place receive them there bad,
and send them back worse.
6. To employ them in profitable trades and
manufactures, such as the clime will best fit, and
such as may be useful to this kingdom, and return
to them an exchange of things necessary.
7. That they be furnished and instructed for
the military part, as they may defend themselves;
lest, on a sudden, they be exposed as a prey to
some other nation, when they have fitted the colo-
ny for them.
8. To order a trade thither, and thence, in such
a manner as some few merchants and tradesmen,
under colour of furnishing the colony with ne-
cessaries, may not grind them, so as shall always
keep them in poverty.
9. To place over them such governors as may
be qualified in such manner as may govern the
place, and lay the foundation of a new kingdom.
10. That care be taken, that when the industry
of one man hath settled the work, a new man, by
insinuation or misinformation, may not supplant
him without just cause, which is the discourage-
ment of all faithful endeavours.
11. That the king will appoint commissioners
in the nature of a council, who may superintend
the works of this nature, and regulate what con-
cerns the colonies, and give an account thereof to
the king, or to his council of state.
Again, For matter of trade, I confess it is out
of my profession ; yet in that I shall make a con-
jecture also, and propound some things to yon,
whereby, if I am not much mistaken, you may
advance the good of your country and profit of
your master.
1. Let the foundation of a profitable trade be
thus laid, that the exportation of home commodi-
ties be more in value than the importation of fo-
reign ; so we shall be sure that the stocks of the
kingdom shall yearly increase, for then the balance
of trade must bo returned in money or bullion.
2. In the importation of foreign commodities,
let not the merchant return toys and vanities, as
sometimes it was elsewhere apes and peacocks,
j but solid merchandise, first for necessity, next for
pleasure, but not for luxury.
3. Let the vanity of the times be restrained,
which the neighbourhood of other nations have
induced ; and we strive apace to exceed our pafr
tern ; let vanity in apparel, and, which is more
vain, that of the fashion, be avoided. I have
heard, that in Spain, a grave nation, whom in this
I wish we might imitate, they do allow the play-
ers and courtesans the vanity of rich and costly
clothes ; but to sober men and matrons they permit
it not upon pain of infamy ; a severer punishment
upon ingenuous natures than a pecuniary mulct
4. The excess of diet in costly meats and drinks
fetched from beyond the seas would be avoided ;
wise men will do it without a law, I would there
ADVICE TO SIR GEORGE VILLIERS. 887
might be a law to restrain fools. The excess of j is but as a great household, and a great household
wine costs the kingdom much, and returns nothing as a little kingdom, must be exemplary, " Regis
but surfeits and diseases ; were we as wise as ad exemplum, &c." But for this, God be praised,
easily we might be, within a year or two at the our charge is easy ; for our gracious master, for
most, if we would needs be drunk with wines, wo his learning and piety, justice and bounty, may
might be drunk with half the cost. be, and is, not only a precedent to his own sub-
5. If we must be vain and superfluous in laces jects, but to foreign princes also ; yet he is still
and embroideries, which are more costly than but a man, and seasonable " mementos" may be
either warm or comely, let the curiosity be the useful ; and, being discreetly used, cannot but
manufacture of the natives : then it should not be take well with him.
verified of us, "maleriam superabat opus." 2. But your greatest care must be, that the
6. But instead of crying up all things, which great men of his court, for you must give me
are either broughf from beyond sea, or wrought leave to be plain with you, for so is your injuno-
here by the hands of strangers, let us advance the tion laid upon me, yourself in the first place, who
native commodities of our own kingdom, and em- are first in the eye of all men, give no just cause
ploy our countrymen before strangers : let us turn of scandal ; either by light, or vain, or by oppres-
the wools of the land into clothes and stuffs of sive carriage.
our own growth, and the hemp and flax growing ; 3. The great officers of the king's household
here into linen cloth and cordage; it would set had need be both discreet and provident persons,
many thousand hands on work, and thereby one both for his honour and for his thrift; they must
shilling worth of the materials would by industry ' look both ways, else they are but half-sighted:
be multiplied to five, ten, and many times to twen- yet, in the choice of them, there is more latitude
ty times mope in the value being wrought. i left to affection, than in the choice of counsellors,
7. And of all sorts of thrift for the public good, and of the great officers of state, before touched,
I would above all others commend to your care which, must always be made choice of merely
the encouragement to be given to husbandry, and out of judgment; for in them the public hath a
the improving of lands for tillage ; there is no great interest.
such usury as this. The king cannot enlarge the [And yet in these, the choice had need be of
bounds of these islands, which make up his honest and faithful servants, as well as of comely
empire, the ocean being the un re moveable wall outsides, who can bow the knee, and kiss the
which encloseth them; but he may enlarge and 1 hand, and perform other services, of small im-
multiply the revenue thereof by this honest and
portance compared with this of public employ-
harmless way of good husbandry. j ment. King David, Psalm ci. 6, 7, propounded
8. A very great help unto trade are navigable ! a rule to himself for the choice of his courtiers,
rivers; they are so many indraughts to attain He was a wise and a good king; and a wise and
wealth ; wherefore by art and industry let them ' a good king shall do well to follow such a good
be made; but let them not be turned to private example ; and if he find any to be faulty, which
profit.
9. In the last place, I beseech you, take into
your serious consideration that Indian wealth,
which this island and the seas thereof excel in,
the hidden and rich treasure of fishing. Do we
want an example to follow 1 I may truly say to
the English, " Go to the pismire, thou sluggard."
I need not expound the text: half a day's sail
with a good wind, will show the mineral and the
miners.
10. To regulate all these it will be worthy the
care of a subordinate council, to whom the order-
ing of these things may be committed, and they
give an account thereof to the state.]
perhaps cannot suddenly be discovered, let him
take on him this resolution .as King David did,
"There shall no deceitful person dwell in my
house." But for such as shall bear office in the
king's house, and manage the expenses thereof,
it is much more requisite to make a good choice
of such servants, both for his thrift and for his
honour.]
4. For the other ministerial officers in court,
as, for distinction sake, they may be termed, there
must also be an eye unto them and upon them.
They have usually risen in the household by
degrees, and it is a noble way, to encourage faith-
ful service : but the king must not bind himself
to a necessity herein, for then it will be held "ex
VIII. I come to the last of those things which . debito:" neither must he alter it, without an ap-
I propounded, which is, the court and curiality. ' parent cause for it : but to displace any who are
The other did properly concern the king, in his ! in, upon displeasure, which for the most part
royal capacity, as " pater patriae ;" this more pro- happeneth upon the information of some great
perly as " pater familias:" and herein, man, is by all means to he avoided, unless there
1. I shall, in a word, and but in a word only, be a manifest cause for it.
put you in mind, that the king in his own person, 5. In these things you may sometimes inter-
both in respect of his household or court, and in po.«e, to do just and good offices; but for the
respect of his whole kingdom, for a little kingdom general, I should rather advise, meddle little, but
ADVICE TO SIR GEORGE VILLIERS.
leave the ordering of those household affaire to
the whitestaffs, which are those honourable per-
sons, to whom it properly belongeth to be
answerable to the king for it; and to those other
officers of the green-cloth, who are subordinate to
them, as a kind of council, and a court of justice
also.
6. Yet, for the green-cloth law, take it in the
largest sense, I have no opinion of it, farther than
it is regulated by the just rules of the common
laws of England.
7. Towards the support of his majesty's own
table, and of the prince's, and of his necessary
officers, his majesty hath a good help by purvey-
ance, which justly is due unto him; and, if justly
used, is no great burden to the subject ; but by
the purveyors and other under officers is many
times abused. In many parts of the kingdom, I
think, it is already reduced to a certainty in
money ; and if it be indifferently and discreetly
managed, it would be no hard matter to settle it
so throughout the whole kingdom; yet to be
renewed from time to time : for that will be the
best and safest, both for the king and people.
8. The king must be put in mind to preserve
the revenues of his crown, both certain and
casual, without diminution, and to lay up treasure
in store against a time of extremity; empty
coffers give an ill sound, and make the people
many times forget their duty, thinking that the
king must be beholden to them for his supplies.
9. I shall by no means think it fit, that he re-
ward any of his servants with the benefit of for-
feitures, either by fines in the court of Star
Chamber, or high commission courts, or other
courts of justice, or that they should be farmed
out, or bestowed upon any, so much as by promise,
before judgment given; it would neither be pro-
fitable nor honourable.
10. Besides matters of serious consideration,
in the courts of princes, there must be times for
pastimes and disports : when there is a queen
and ladies of honour attending her, there must
sometimes be masques, and revels, and interludes;
and when there is no queen, or princess, as now ;
yet at festivals, and for entertainment of strangers,
or upon such occasions, they may be fit also : yet
care would be taken, that in such cases they be
set off more with wit and activity than with cost-
ly and wasteful expenses.
11. But for the king and prince, and the lords
and chivalry of the court, I rather commend, in
their turns and seasons, the riding of the great
horse, the tilts, the barriers, tennis, and hunting,
which are more for the health and strength of,
those who exercise them, than in an effeminate '
way to please themselves and others.
And now the prince groweth up fast to be i
man, and is of a sweet and excellent disposition;
it would be an irreparable stain and dishonour
upon you, having that access unto him, if you
should mislead him, or suffer him to be misled bj
any loose or flattering parasites ; the whole king-
dom hath a deep interest in his virtuous educa-
tion ; and if you, keeping that distance which is
fit, do humbly interpose yourself, in such a case
he will one day give you thanks for it.
12. Yet dice and cards may sometimes be used
for recreation, when field-sports cannot be had;
but not to use it as a mean to spend the time,
much less to misspend the thrift of the game-
sters.
Sir, I shall trouble you no longer ; I have ran
over these things as I first propounded them;
please you to make use of them, or any of them,
as you shall see occasion ; or to lay them by, as
you shall think best, and to add to them, as you
daily may, out of your experience.
I must be bold, again, to put you in mind of
your present condition ; you are in the quality of
a sentinel ; if you sleep, or neglect your charge,
you are an undone man, and you may fall muck
faster than you have risen.
I have but one thing more to mind you of,
which nearly concerns yourself; you serve a great
and gracious master, and there is a most hopefal
young prince, whom you must not desert; it be-
hooves you to carry yourself wisely and evenly
between them both : adore not so the rising son,
that you forget the father, who raised yon to this
height; nor be you so obsequious to the father,
that you give just cause to the son to suspect that
you neglect him ; but carry yourself with that
judgment, as, if it be possible, may please and
content them both ; which, truly, I believe, will
be no hard matter for you to do : so may you live
long beloved of both.
[If you find in these or any other your obser-
vations, which doubtless are much better than
these loose collections, any thing which yon
would have either the father or the son to take to
heart, an admonition from a dead author, or a
caveat from an impartial pen, whose aim neither
was nor can be taken to be at any particular by
design, will prevail more and take better impres-
sion than a downright advice; which perhaps
may be mistaken as if it were spoken magiste-
rially.
Thus may you live long a happy instrument
for your king and country ; you shall not be a
meteor or a blazing star, but " Stella fixa:" happy
here and more happy hereafter, " Dens manu sua
te ducat:"] which is the hearty prayer of
Your most obliged and devoted servant.
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,
THE KING'8 ATTORNEY GENERAL,
AGAINST WILLIAM TALBOT,
A COUNSELLOR AT LAW OF IRELAND,
UTOI AM IHFOBMATIOII IN THB RTAR-CHAMBBB MOBB TBNUS," FOB A WRITING UNDER HI8 HAND, WHEBEBY THE RAID
WILLIAM TALBOT BBINO DEMANDED, WHETHER THB DOCTRINE OP 8UAREZ, TOUCHING DBPOSINO AND
KILLING OP BINGE EXCOMMUNICATED, WBBB TRUE OB NO? HB ANSWERED, THAT HE
BBPBBBBD HIMSELF UNTO THAT WHICH THB CATHOLIC BOMAN
CBUBCH RHOULD DETERMINE THBRBOF.
ULTIMO DIE TERMINI H1LARII, UNDECIMO JACOBI REOIS.
My Lord8,
I brought before you the first sitting of this term
the cause of duels ; but now this last sitting I
■hall bring before you a cause concerning the
greatest duel which is in the Christian world,
the duel and conflict between the lawful authority
of sovereign kings, which is God's ordinance for
the comfort of human society, and the swelling
pride and usurpation of the see of Rome "in
temporalibus," tending altogether to anarchy and
confusion. Wherein if this pretence in the Pope
of Rome, by cartels to make sovereign princes as
the banditti, and to proscribe their lives, and to
expose their kingdoms to prey ; if these pretences,
I say, and all persons that submit themselves
to that part of the Pope's power in the least de-
gree, be not by all possible severity repressed
and punished, the state of Christian kings will
be no other than the ancient torment described by
the poets in the hell of the heathen ; a man sit-
ting richly robed, solemnly attended, delicious
fere, &c., with a sword hanging over his head,
hanging by a small thread, ready every moment
to be cut down by an accursing and accursed
hand. Surely I had thought they had been the
prerogatives of God alone, and of his secret
judgments : " Solvam cingula regum," I will
loosen the girdles of kings ; or again, " He pour-
eth contempt upon princes ;" or, " I will give a
king in my wrath, and take him away again in
my displeasure ;" and the like : but if these be
the claims of a mortal man, certainly they are but
the mysteries of that person which " exalts him-
self above all that is called God, supra omne
quod dicitur Deus." Note it well, not above
God, though that in a sense be true, but above
all that is called God ; that is, lawful kings and
magistrates.
But, my lords, in this duel I find this Talbot,
that is now before you, but a coward ; for he hath
given ground, he hath gone backward and for-
ward ; but in such a fashion, and with such
interchange of repenting and relapsing, as I can-
not tell whether it doth extenuate or aggravate
his offence. If he shall more publicly in the face
of the court fall and settle upon a right mind, I
shall be glad of it; and he that would be against
the king's mercy, I would he might need the
king's mercy : but, nevertheless, the court will
proceed by rules of justice.
The offence, therefore, wherewith I charge this
Talbot, prisoner at the bar, is this in brief and in
effect : That he hath maintained, and maintaineth
under his hand, a power in the pope for deposing
and murdering of kings. In what sort he doth
this, when I come to the proper and particular
charge, I will deliver it in his own words, without
pressing or straining.
But before I come to the particular charge of
this man, I cannot proceed so coldly ; but I must
express unto your lordships the extreme and im-
minent danger wherein our dear and dread sove-
reign is, and in him we all ; nay, all princes of
both religions, for it is a common cause, do stand
at this day, by the spreading and enforcing of this
furious and pernicious opinion of the pope's tem-
poral power : which, though the modest sort would
blanch with the distinction of " in ordine ad spi-
ritualia," yet that is but an elusion ; for he that
maketh the distinction, will also make the case.
This peril, though it be in itself notorious, yet,
because there is a kind of dulness, and almost a
lethargy in this age, give me leave to set before
you two glasses, such as certainly the like never
met in one age; the glass of France, and the
glass* of England. In that of France the trage-
2 K 2 389
390
CHARGE AGAINST WILLIAM TALBOT.
dies acted and executed in two immediate kings;
in the glass of England, the same, or more horri-
ble, attempted likewise in a queen and king im-
mediate, but ending in a happy deliverance. In
France, Henry III., in the face of his army, before
the walls of Paris, stabbed by a wretched Jaco-
bine friar. Henry IV., a prince that the French
do surname the Great, one that had been a saviour
and redeemer of his country from infinite calami-
ties, and a restorer of that monarchy to the ancient
state and splendour, and prince almost heroical,
except it be in the point of revolt from religion,
at a time when he was as it were to mount on
horseback for the commanding of the greatest
forces that of longtime had been levied in France,
this king likewise stilettoed by a rascal votary,
which had been enchanted and conjured for the
purpose.
In England, Queen Elizabeth, of blessed me-
mory, a queen comparable and to be ranked with
the greatest kings, oftentimes attempted by like
votaries, Sommervile, Parry, Savage, and others,
but still protected by the watchman that slum-
bereth not. Again, our excellent sovereign, King
James, the sweetness and clemency of whose
nature were enough to quench and mortify all ma-
lignity, and a king shielded and supported by pos-
terity ^ yet this king in the chair of Majesty, his
vine and olive branches about him, attended by
his nobles and third estate in parliament ; ready,
in the twinkling of an eye, as if it had been a
particular doomsday, to have been brought to
ashes, dispersed to the four winds. I noted the
last day, my lord chief justice, when he spake of
this powder treason, he laboured for words, though
they came from him with great efficacy, yet he
truly confessed, and so must all men, that that
treason is above the charge and report of any
words whatsoever.
Now, my lords, I cannot let pass, but in
these glasses which I spake of, besides the
facts themselves and danger, to show you two
things; the one, the ways of God Almighty,
which turneth the sword of Rome upon the
kings that are the vassals of Rome, and over
them gives it power; but protecteth those kings
which have not accepted the yoke of his tyran-
ny, from the effects of his malice; the other,
that, as I snid at first, this is a common cause
of princes: it involveth kings of both religions ;
and therefore his majesty did most worthily
and prudently ring out the alarm-bell, to awake
all other princes to think of it seriously, and
in fime. But this is a miserable case the
while, that these Roman soldiers do either thrust
the spear into the sides of God's anointed, or at
least they crown them with thorns; that is,
piercing and pricking cares and fears, that they
can never be quiet or secure of their lives or
states. And as this peril is common to princes
of both religions, so princes of both religions have
been likewise equally sensible of every injury
that touched their temporals.
Thuanus reports in his story, that when the
realm of France was interdicted by the violent
proceedings of Pope Julius the Second, the king,
otherwise noted for a moderate prince, caused
coins of gold to be stamped with his own image,
and this superscription, " Perdam nomen Baby-
lonis e terra." Of which Thuanus saith, himself
had seen divers pieces thereof. So as this Catho-
lic king was so much incensed at that time, in
respect of the pope's usurpation, as he did apply
Babylon to Rome. Charles the Fifth, emperor,
who was accounted one of the pope's best sons,
yet proceeded in matter temporal towards Pope
Clement with strange rigour : never regarding
the pontificality, but kept him prisoner thirteen
months in a pestilent prison ; and was hardly
dissuaded by his council from having sent him
captive into Spain; and made sport with the
threats of Frosberg the German, who wore a silk
rope under his cassock, which he would shew in
all companies ; telling them that he carried it to
strangle the pope with his own hands. As for
Philip the Fair, it is the ordinary example, how
he brought Pope Boniface the Eighth to an igno-
minious end, dying mad and enraged ; and how
he styled his rescript to the pope's bull, whereby
he challenged his temporals, «« Sciat fatuitas vet-
tra," not your beatitude, but your stultitude ; a
style worthy to be continued in the like cases; for
certainly that claim is mere folly and fur)'. As
for native examples, here it is too long a field to
enter into them. Never kings of any nation kept
the partition-wall between temporal and spiritual
better in times of greatest superstition : I report
me to King Edward I., that set up so many
crosses, and yet crossed that part of the pope's
jurisdiction, no man more strongly. But these
things have passed better pens and speeches:
here I end them.
But now to come to the particular charge of
this man, I must inform your lordships the occa-
sion and nature of this offence : There hath been
published lately to the world a work of Suarei,
a Portuguese, a professor in the university of
Coimbra, a confident and daring writer, such a
one as Tully describes in derision; "nihil tarn
vcrens, quam ne dubitare aliqua de re videretur:"
one that fears nothing but this, lest he should
seem to doubt of any thing. A fellow that thinks
with his magistrality and goosequill to give laws
and menages to crowns and sceptres. In ibis
man's writing this doctrine of deposing or mur-
dering kings, seems to come to a higher elevation
than heretofore ; and it is more arted and posi-
tived than in others. For in the passages which
your lordships shall hear Tead anon, I find three
assertions which run not in the vulgar track, bat
are such as wherewith men's ears, as I suppose,
are not much acquainted ; whereof the first it,
CHARGE AGAINST WILLIAM TALBOT.
Ml
That the pope hath a superiority over kings, as
subjects, to depose them ; not only for spiritual
crimes, as heresy and schism, but for faults of a
temporal nature ; forasmuch as a tyrannical go-
vernment tendeth ever to the destruction of souls.
So, by this position, kings of either religion are
alike comprehended, and none exempted. The
second, that after a sentence given by the pope,
this writer hath defined of a series, or succession,
or substitution of hangmen, or " bourreaux," to
be sure, lest an executioner should fail. For he
saith, That when a king is sentenced by the pope
to deprivation or death, the executioner, who is
first in place, is he to whom the pope shall com-
mit the authority, which may be a foreign prince,
it may be a particular subject, it may be general,
to the first undertaker. But if there be no direc-
tion or assignation in the sentence special or
general, then, " de jure," it appertains to the next
successor, a natural and pious opinion ; for com-
monly they are sons, or brothers, or near of kin,
all is one ; so as the successor be apparent ; and
also that he be a Catholic. But, if he be doubt-
ful, or that he be no Catholic, then it devolves to
the commonalty of the kingdom; so as he will be
sure to have it done by one minister or other.
The third is, he distinguished of two kinds of
tyrants, a tyrant in title, and a tyrant in regi-
ment; the tyrant in regiment cannot be resisted
or killed without a sentence precedent by the
pope; but a tyrant in title may be killed by any
private man whatsoever. By which doctrine he
hath put the judgment of kings' titles, which 1
will undertake, are never so clean, but that some
vain quarrel or exception may be made unto them,
upon the fancy of every private man ; and also
couples the judgment and execution together, that
he may judge him by a blow, without any other
sentence.
Your lordships see what monstrous opinions
these are, and how both these beasts, the beast
with seven heads, and the beast with many heads,
pope and people, are at once let in, and set upon
the sacred persons of kings.
Now, to go on with the narrative; there was
an extract made of certain sentences and portions
of this book, being of this nature that I have set
forth, by a great prelate and counsellor, upon a
just occasion; and there being some hollowness
and hesitation in these matters, wherein it is a
thing impious to doubt, discovered and perceived
in Talbot; he was asked his opinion concerning
these assertions, in the presence of the best; and
afterwards they were delivered to him, that upon
advice, and "sedato animo," he might declare
himself. Whereupon, under his hand, he sub-
scribes thus :
May it please your honourable good lordships :
Concerning this doctrine of Suarez, I do perceive,
by what 1 have read in this book, that the same
doth concern matter of faith, the controversy
growing upon exposition of Scriptures and coun-
cils, wherein, being ignorant and not studied, I
cannot take upon me to judge; but I do submit
my opinion therein to the judgment of the Catholic
Roman church, as in all other points concerning
faith I do. And for matter concerning my loyalty,
I do acknowledge my sovereign liege lord, King
James, to be lawful and undoubted king of all the
kingdoms of England, Scotland, and Ireland;
and I will bear true faith and allegiance to his
highness during my life. William Talbot.
My lords, upon these words I conceive Talbot
hath committed a great offence, and such a one,
as, if he had entered into a voluntary and malicious
publication of the like writing, it would have
been too great an offence for the capacity of this
court. But because it grew by a question asked
by a council of estate, and so rather seemeth, in a
favourable construction, to proceed from a kind
of submission to answer, than from any malicious
or insolent will ; it was fit, according' to the cle-
mency of these times, to proceed in this manner
before your lordships : and, yet, let the hearers
take these things right; for, certainly, if a man be
required by the council to deliver his opinion
whether King James be king or no? and he deli-
ver his opinion that he is not, this is high treason :
but, I do not say that these words amount to that;
and, therefore, let me open them truly to your
lordships, and therein open also the understanding
of the offender himself, how far they reach.
My lords, a man's allegiance must be independ-
ent and certain, and not dependent and condi-
tional. Elizabeth Barton, that was called the
holy maid of Kent, affirmed, that if King Henry
VIII. did not take Catharine of Spain again to
his wife within a twelvemonth, he should be no
king: and this was treason. For though this
act be contingent and future, yet the preparing of
the treason is present.
And, in like manner, if a man should volunta-
rily publish or maintain, that whensoever a bull
of deprivation shall come forth against the king,
that from thenceforth he is no longer king; this
is of like nature. But with this I do not charge
you neither; but this is the true latitude of your
words, That if the doctrine touching the killing
of kings be matter of faith, then you submit
yourself to the judgment of the Catholic Roman
church : so as now, to do you right, your alle-
giance doth not depend simply upon a sentence
of the pope's deprivation against the king; but
upon another point also, if these doctrines be
already, or shall be declared to be matter of
faith. But, my lords, there is little won in this :
there may be some difference to the guilt of the
party, but there is little to the danger of the
king. For the same Pope of Rome may, with
the same breath, declare both. So as still, upon
392
CHARGE AGAINST WILLIAM TALBOT.
the matter, the king is made but tenant at will
of his life and kingdom ; and the allegiance of
his subjects is pinned upon the pope's acts.
And, certainly, it is time to stop the current of
this opinion of acknowledgment of the pope's
power "in temporalibus ;" or else it will sap and
supplant the seat of kings. And let it not be
mistaken, that Mr. Talbot's offence should be no
more than the refusing the oath of allegiance.
For it is one thing to be silent, and another thing
to affirm. As for the point of matter of faith,
or not of faith, to tell your lordships plain, it
would astonish a man to see the gulf of this im-
plied belief. Is nothing excepted from it? If a
man should ask Mr. Talbot, Whether he do con-
demn murder, or adultery, or rape, or the doctrine
of Mahomet, or of Alius, instead of Suarezt
Must the answer be with this exception, that if
the question concern matter of faith, as no
question it doth, for the moral law is matter of
faith, that therein he will submit himself to
what the church shall determine t And, no
doubt, the murder of princes is more than simple
murder. But, to conclude, Talbot, I will do you
this right, and I will not be reserved in this, but
to declare that that is true ; that you came after-
wards to a better mind ; wherein if you had been
constant, the king, out of his great goodness,
was resolved not to have proceeded with you is
course of justice; but then again you started
aside like a broken bow. So that by your variety
and vacillation you lost the acceptable time of
the first grace, which was not to have con-
vented you.
Nay, I will go farther with you : your last sab-
mission I conceive to be satisfactory and com-
plete; but then it was too late; the king's honour
was upon it; it was published and a day ap-
pointed for hearing; yet what preparation that
may be to the second grace of pardon, that I
know not: but I know my lords, out of their
accustomed favour, will admit you not only to
your defence concerning that that hath been
charged; but to extenuate your fault by any
submission that now God shall pat into your
mind to make.
EDITOR'S PREFACE
TO
1. Theological Tracts.
1. Prayers.
1. A Prayer, or Psalm, made by the Lord
Bacon, Chancellor of England.
2. A Prayer made by the Lord Chancellor
Bacon.
3. The Student's Prayer.
4. The Writer's Prayer.
2. A Confession of Faith.
3. The Characters of a Believing Christian,
in Paradoxes and seeming Contradic-
tions.
4. An Advertisement touching the Controver-
sies of the Church of England.
5. Certain Considerations, touching the bet-
ter Pacification and Edification of the
Church of England.
6. The Translation of certain Psalms into
English Verse.
7. An Advertisement touching a Holy War.
8. Questions about the Lawfulness of a War
for the Propagating of Religion.
II. Miscellaneous.
1. Mr. Bacon's Discourse in praise of his
Sovereign.
2. A Proclamation drawn for his Majesty's
first coming in.
3. A Draught of a Proclamation touching his
Majesty's style.
4. Physiological Remains.
5. Medical Remains.
III. Judicial Charges and Tracts.
1. Speeches.
1. On taking his place in Chancery.
2. Before the Summer Circuits.
3. To Sir W. Jones.
4. To Sir J. Denham.
6. To Justice Hutton.
2. Ordinances for regulating the Court of
Chancery.
3. Papers relating to Sir Edw. Coke.
4. Charge against Whitelocke.
5. Letters relating to Legal Proceedings.
6. Innovations introduced into the Laws and
Government.
§ 1.
THEOLOGICAL TRACTS.
Archbishop Tenison's Baconiana contains the following passage : " Last of all, for his lordship's
writings upon pious subjects, though for the nature of the argument, they deserve the first place, yet
they being but few, and there appearing nothing so extraordinary in the composure of them, as is
found in his lordship's other labours, they have not obtained an earlier mention. They are only
these : " His Confession of Faith, written by himself in English, and turned into Latin by Dr.
Rawley,1 the questions about a Holy War, and the Prayers in these Remains,* and a translation
of certain of David's Psalms into English verse. With this last pious exercise he diverted himself
in the time of his sickness, in the year twenty-five. When he sent it abroad into the world, he made
a dedication of it to his good friend, Mr. George Herbert, for he judged the argument to be suitable
to him, in his double quality 6f a divine and a poet."
In the life of Lord Bacon, by Dr. Rawley, " his lordship's first and last chaplain," as he always
proudly entitles himself, there is the following passage : "This lord was religious ; for though die
world be apt to suspect and prejudge great wits and politics to have somewhat of the atheist, yet he
was conversant with God, as appeareth by several passages throughout the whole current of his
writings ; otherwise he should have crossed his own principles, which were, * that a little philosophy
maketh men apt to forget God, as attributing too much to second causes ; but depth of philosophy
bringeth men back to God again.' Now I am sure there is no man will deny him, or account other-
wise of him, but to have him been a deep philosopher. And not only so, but he was able to render a
reason of the hope which was in him, which that writing of his, of the confession of the faith, doth abun-
dantly testify. He repaired frequently, when his health would permit him, to the service of the
church, to hear sermons; to the administration of the sacrament of the blessed body and blood of
Christ; and died in the true faith established in the Church of England."
The passage to which Dr. Rawley alludes, is in the "Advancement of Learning," where he says,
Vol. II 60
1 1696, to Um Opuscula.
8 BftcoBiana, 7s.
893
894 EDITOR'S PREFACE.
" It is an assured troth, and a conclusion of experience, that a little or superficial knowledge of
philosophy may incline the mind of man to atheism, but a farther proceeding therein doth bring the
mind back again to religion , for in the entrance of philosophy, when the second causes, which are
next unto the senses, do offer themselves to the mind of man, if it dwell and stay there, it may induce
some oblivion of the highest cause; but when a man passeth on farther, and seeth the dependence of
causes, and the works of Providence, then, according to the allegory of the poets, he will easily be-
lieve that the highest link of nature's chain must needs be tied to the foot of Jupiter's chair. To con-
clude, therefore, let no man, upon a weak conceit of sobriety, or an ill-applied moderation, think
or maintain, that a man can search too far, or be too well studied in the book of God's word, or the
book of God's works— divinity or philosophy." The same sentiment, and almost the same words, may
be found in his "Meditations on Atheism," in the *• Meditationes Sacra*," and in his " Essay on
Atheism" in his Essays.*
The several passages throughout the current of his writings, in which it appears that Lord Bacon
was conversant with God, it would not, I fear, be proper for me in this place to do more than enumerate.
They may be found in two volumes, entitled, "Le Christianisme de Francois Bacon,"* and there is
scarcely a work of Lord Bacon's, in which his religious sentiments may not be discovered. Amongst
his minor productions, they may be seen; in the u Meditationes Sacra? ;" m the " Wisdom of the
Ancients ;" in the Fables of Pan, of Prometheus, of Pentheus, and of Cupid : in various parts of
the Essays, but particularly in the Essay on Atheism and Goodness of Nature, in the " New Atlantis,"
an imaginary college amongst a Christian people, full of piety and humanity, whose prayer is—
" Lord God of heaven and earth, thou hast vouchsafed of thy grace, to those of our order, to know
thy work of creation, and the secrets of them ; and to discern, as far as appertained to the genera-
tions of men, between divine miracles, works of nature, works of art, and impostures and illusions
of all sorts. I do here acknowledge and testify before this people, that the thing which we now see
before our eyes, is thy ringer, and a true miracle ; and forasmuch as we learn in our books, that thou
never workest miracles, but to a divine and excellent end, for the laws of nature are thine own laws,
and thou exceed est them not but upon great cause, we most humbly beseech thee to prosper this great
sign, and to give us the interpretation and use of it in mercy ; which thou dost in some part secretly
promise by sending it unto us;" and the conditions of entities8 in the Baconiana, thus concludes:
" This is the Form and Rule of our Alphabet. May God, the Creator, Preserver, and Renewer of the
Universe, protect and govern this work, both in its ascent to his glory, and in its descent to the good
of mankind, for the sake of his mercy and good will to men though his only Son [Immanuel] God-
wit h-us."
These sentiments are not confined to the minor productions of Lord Bacon, but pervade all his
works. They may be seen in his tract, — " De principiis atque originibus secundum fabulas Cupidinis
et Cceli : sive Parmenidis et Telesii, et pnecipue Democriti philosophia, tractata in fabula." The
introduction to his " His tor ia Naturalis et Experimental is, Quae est Instaurationis magnse pars tertia,"
concludes thus: "Deus Universi Conditor, conservator. Instaurator, hoc opus, et in ascensione ad
Gloriam suam, et in descensione ad bonum humanum, pro sua erga Homines, Benevolentia, et Miseri-
cord ift, protegat et regat, per Filium suura unicum, Nobiscum Deum."4 And in the conclusion of
the preface to the Instauration he says, " Neque enim hoc siverit Deus, ut phantasiae nostra? somnium
proexemplari mundi edamus: sed potius benigne faveat, ut apocalypsim, ac veram visionem vestigt-
orum et sigillorum Creatoris supercreaturas, scribamus. Itaque tu, Pater, qui lucem visibilem primi-
tias creaturae dedisti, et lucem intellectualem ad fastigium operum tuorum in faciem hominis inspirasti;
opus hoc, quod a tua bonitate profectum, tuam gloriam repetit, tuere et rege. Tu, postquam conver-
sus es ad spectandum opera, quae fecerunt manus tuae, vidisti quod omnia essent bona valde; etre-
quievisti. At homo, conversus ad opera, quae fecerunt manus suae, vidit quod omnia essent vanitas
et vexatio spiritus ; nee ullo modo requievit. Quare si in operibus tuis sudabimus, facies nos visio-
nis tuae et sabbati tui participes. Supplices petimus, ut haec mens nobis constet : utque novis eleerno-
synis per manus nostras et aliorum, quibus eandem mentem largieris, familiam humanam dotatam
velis."5
1 The following similar sentiment is in the genera! corollary to Hume's Essays: ** Though the stupidity of men, barbarosi
and uninstructed, be so great, that they may not see a sovereign Author in the more obvious works of nature, to which
they are so much familiarised ; yet it scarce seems possible, that any one of good understanding should reject that idea*
whn once it is suggested to him. A purpose, an intention, a design is evident in every thing ; and when our compreheRsJoe
is so far enlarged as to contemplate the first rise of this visible system, we must adopt, with the strongest conviction, tht
idea of some intelligent cause or Author."
2 Published at Paris, An. VII.
' Baconiana, 01.
4 May God the Creator, Preserver, and Restorer of the universe, out of his kindness and compassion towards manktad
protect and govern this work, both when ascending towards his glory, and descending to the improvement of man, throsfh
his only son, God with us.
6 May thou, therefore, O Father, who gavest the light of vision aa the first-fruits of the creation, and haat inspired tht
EDITOR'S PREFACE. 806
The Treatise " De Augmentis Scientiarum," abounds with religious sentiments, and contains two
tracts, one upon natural/ the other upon inspired divinity, "the Sabbath and port of all men's
labours."9 In the Novum Organum, under the head of Instances of Divorce,8 there is the following
observation: " Atque in radiis opticis, et sonis, et calore, et aliis nonnullis operantibus ad d is tans,
probabile est media corpora disponi et alterari : eo magis, qudd requiratur medium qualificatum ad
deferendum opera ti one m talem. At magnetica ilia sive Coitua virtus admittit media tanquam adia-
phora, nee impeditur virtus in omnigeno medio. Quod si nil rei habeat virtus ilia aut actio cum
corpore medio, sequitur quod sit virtus aut actio naturalis ad tempus nonnullum, et in loco nonnullo,
subs is tens sine corpore: cum neque subsistat in corporibus terminantibus, nee in mediis. Quare
actio magnetica poterit esse instantia diuortii circa naturam corpoream, et actionem naturalem. Cui
hoc adjici potest tanquam corollarium aut lucrum non prelermittendum : viz. quod etiam secundum
sensum philosophanti sumi possit probatio, qudd sint entia et substantia? separatee et incorporece.
Si enim virtus et actio naturalis, emanans a corpore, subsistere possit aliquo tempore, et aliquo loco,
omnind sine corpore ; prope est ut possit etiam emanare in origine sua a substantia incorporea. Vide-
tur enim non minus requiri natura corporea ad actionem naturalem sustentandam et deuehendam, quam
ad excitandam aut generandam."*
Such are specimens of Lord Bacon's religious sentiments, which may be found in different parts
of his works; but they are not confined to his intended publications. In a letter to Mr. Mathew,
imprisoned for religion,- he says, "1 pray God, that understandeth us all better than we understand
one another, contain you, even as I hope he will, at the least, within the bounds of loyalty to his
majesty, and natural piety towards your country. And I entreat you much, some times to meditate
upon the extreme effects of superstition in this last powder treason : fit to be tabled and pictured in
the chambers of meditation, as another hell above the ground : and well justifying the censure of the
heathen, that superstition is far worse than atheism ; by how much it is less evil to have no opinion
of God at all, than such as is impious towards his divine majesty and goodness. Good Mr. Mathew,
receive yourself back from these courses of perdition. Willing to have written a great deal more, I
continue," etc. In the decline of his life, in his letter5 to the Bishop of Winchester, he says,
" Amongst consolations, it is not the least to represent to a man's self like examples of calamity in
others. For examples give a quicker impression than arguments ; and, besides, they certify us, that
which the Scripture also tendereth for satisfaction ; " that no new thing is happened unto us." " In
this kind of consolation I have not been wanting to myself, though, as a Christian, I have tasted,
through God's great goodness, of higher remedies," and his last will thus begins: "First, I be-
queath my soul and body into the hands of God, by the blessed oblation of my Saviour; the one at
the lime of my dissolution, the other at the time of my resurrection. For my burial, I desire it may
be in St. Michael's church, near St. Alban's : there was my mother buried, and it is the parish church
of my mansion-house of Gorhambury, and it is the only Christian church within the walls of Old
Verulam."
countenance of man with the light of the understanding as the completion of thy works, guard and direct tbla work,
which proceeding from thy bounty, seeks in return thy glory. When thou turnedst to look upon the works of thy hands,
thou sawest that all were very good and didst rest. But man, when he turned towards the works of his hands, saw that
they were all vanity and vexation of spirit, and had no rest. Wherefore, if we labour in thy works, thou wilt make us
partakers of that which thou beholdest, and of thy sabbath. Wc humbly pray that our present disposition may continue
firm, and that thou mayest be willing to endow thy family of mankind with new gifts, through our hands, and the hands of
those to whom thou wilt accord the same disposition.
1 Book 3, c. %, of the Treatise De Augmentis, and in the Advancement of Learning, page 174.
3 Book ix. 6, of the Treatise De Augmentis.
9 Instance, 37.
* Of the conclusion of this passage I subjoin two translations, the one by Dr. Shaw, the other by my excellent friend, to
whom I am indebted for the translation of the Novum Organum.
SHAW'S TRANSLATION. NEW TRANSLATION.
To this may be added, by way of corollary, the following To which we may add as a corollary and an advantage
considerable discovery, vis. that by philosophizing, even not to be neglected, that it may be taken as a proof of
according to sense, a proof may be had of the existence of essence and substance being separate and incorporeal, even
separated and incorporeal beings and substances ; for if by those who philosophize according to the senses. For if
natural virtues and actions flowing from a body may subsist natural power and action emanating from a body can exist
without a body for some time in space or place, it is possible at any time and place entirely without any body, it is nearly
that such virtues or actions may proceed originally from a proof that it can also emanate originally from an incorpo-
an incorporeal substance : for a corporeal nature seems real substance. For a corporeal nature appears to be no
no less required to support and convey, than to excite and less necessary for supporting and conveying than for exciting
generate a natural action. or generating natural action.
' This letter was published in Letters and Remains by Stephens, 1134, with the following note: "The following letter
to the most learned Dr. Andrews, Bishop of Winchester, was written by my Lord St. Alban, in the year 1632, and in the
nature of a dedication, prefixed before his dialogue, touching a Holy War ; which was not printed, at least correctly, till
seven years after, by the care of Dr. Rawley. But because it has been found amongst his lordship's letters and other
books, separated from that treatise, and chiefly, because it gives some account of his writings, snd behaviour after his
retirement, I thought it very proper to insert it in this place.*'
8M EDITOR'S PREFACE.
PRAYERS,*
Of the prayers contained in this volume, the first,* entitled, " A Prayer, or Psalm, made by the
Lord Chancellor of England," is in the Resuscitatio. The second prayer, entitled, "A Prayer made
and used by the Lord Chancellor Bacon,*4 is in the Remains ; and the two remaining prayers, " The
Student's Prayer,** and " The Writer's Prayer," are in the Baconiana*
THE CONFESSION OF FAITH.
Of the authenticity of this Essay no doubt can be entertained ; it was published in a separate tract
in 164 1,8 and by Dr. Rawley in the Rtsuscitatio,* by whom it was translated into Latin, and pub-
lished in the Opuscula.* In the Resuscitatio, Dr. Rawley, in his address to the reader, says, " For
that treatise of his lordship's, incribed, A Confession of the Faith, I have ranked that, in the close
of this whole volume : thereby to demonstrate to the world that he was a master in divinity, as well
as in philosophy or politics ; and that he was versed no less in the saving knowledge, than in the
universal and adorning knowledges : for though he composed the same many years before his death,
yet I thought that to be the fittest place, as the most acceptable incense unto God of the faith where-
in he resigned his breath ; the crowning of all his other perfections and abilities ; and the best per-
fume of his name to the world after his death." In his Life he says, " He was able to render a
reason of the hope which was in him ; which that writing of his of the Confession of the Faith doth
abundantly testify ;" and in the address to the reader, in the Opu&cula, he says, " Supererat tandem
scriptum illud Confession is Fidei; quod auctor ipse, plurimisanteobitum annis, idiomate Anglicano
ooncepit: opera; pretium mihi visum est Romana civitate donare; quo non minus exteris, quam
popularibus suis, palam fiat, qua fide imbutus, et quibus mediis fretus, illustrissimus beros, animam
Deo reddiderit ; et quod theologicis studiis, aeque ac philosophicisetcivilibus, cum commodum esset,
vacaverit. Fruere his operibus, et scientiarura antistitis olim Verulamii ne obliviscaris. Vale."
This tract is thus noticed by Archbishop Tenison in the " Baconiana."6 " His Confession of
Faith,'* written by him in English, and turned into Latin by Dr. Rawley; upon which there was
some correspondence between Dr. Maynwaring and Dr. Rawley,7 as the archbishop, in describing
1 In Sloane's M 88. 93, there is a M8. prayer.
a Although the first part of the Resuscitatto was published by Dr. Rawley, and the second part (which contains Uds
prayer) was published in his name, and during his life, it contains matter of which Lord Bacon was not the author.
Archbishop Tenison, in his Baconiana, p. 5fc, speaking of the apophthegms, says, " Besides, his lordship hath received much
Injury by late editions, of which some have much enlarged, but not all enriched the collection, stuffing it with tales and
sayings, too infacetious for a ploughman's chimney-corner." And, in a note, he adds, " Even by that added (but sot by
Dr. Rawley) to the Resuscitation, Ed. III." I mention this fact, not as intending to infer that this prayer was not "made
by Lord Bacon," but that the evidence may be duly weighed. B. M.
In the Tatler, No. 367, it is, upon what authority I know not, thus mentioned: "I have hinted in some former papers,
that the greatest and wisest of men in all ages and countries, particularly in Rome and Greece, were renowned for their
piety and virtue. It is now my intention to show, how those in our own nation, that have been unquestionably the most
eminent for learning and knowledge, were likewise the most eminent for their adherence to the religion of their country.
I might produce very shining examples from among the clergy ; but because priestcraft is the common cry of every
eavilling, empty scribbler, 1 shall show that all the laymen who have exerted a more than ordinary genius in their writings,
and were the glory of their times, were men whose hopes were filled with immortality, and the prospect of future rewards;
and men who lived in a dutiful submission to all the doctrines of revealed religion. 1 shall in this paper only instance Sir
Francis Bacon. I was infinitely pleased to find among the works of this extraordinary man a prayer of bis own composisg,
which, lor the elevation of thought, and greatness of expression, seems rather the devotion of an angel than a man. His
principal fault seems to have been the excess of that virtue which covers a multitude of faults. This betrayed bin to so
great an indulgence towards bis servants, who made a corrupt use of it, that it stripped him of all those riches and honours
which a long series of merits had heaped upon him. But in this prayer, at the same time that we find him prostratiaf
himself before the great mercy-seat, and humbled under afflictions, which at that time lay heavy upon him, we see nisi
supported by the sense of his integrity, his aeal, his devotion, and his love to mankind; which give him a much higher
figure in the minds of thinking men, than that greatness bad done from which he was Allien. I shall beg leave to writs
down the prayer itself, with the title with it, as it was found amongst his lordship's papers, written in his own band."
1 The following is an exact transcript of the tiUe page :— " The Confession of Faith," written by Sir Francis Bacon,
printed in the year 1641. In the title page, there is a wood engraving of Sir Francis Bacon : it is a thin 4to of twelve pages,
without any printer's name. Mr. D' Israeli kindly lent me a copy. It is similar, but not the same as the present copy. Of
the Confession of Faith there are various M88. in the British Museum; 81oane's 23, 9 copies; Harleian, Vol. %
114; Vol. 3, 61: Hargrave's, page 62; the M8S. Burcb, 4263, is, I suspect, in Lord Bacon's own writing, with bis
signature.
« 1457.
6 Opuscule varia posthuma. Londini, ex offlcina, R. Dmnielis, 1698.
* Baconiana, 72.
7 The following is in the "Baconiana," p. 209:—
" A letter written by Dr. Roger Maynwaring, to Dr. Rawley concerning the Lord Bacon's Confession of Faith.
" 6w,
u I have, at your command, surveyed this deep and devout tract of your deceased lord, and send back a few notes
upon it.
" In page 413, 1. 5, (of this volume) are these words :
" * I believe that God is so holy, pure, and jealous, that it is impossible for him to be pleased in any creature, though tbt
work of his own hands ; so that neither angel, man, nor world, could stand, or can stand, one moment in km eyes, without
\
EDITOR'S PREFACE. 397
the letters to Lord Bacon,1 says, «« The second is a letter from Dr. Maynwaring to Dr. Raw ley,
concerning his lordship's < Confession of Faith.' This is that Dr. Maynwaring, whose sermon upon
Eccles. viii. 3, etc., gave such high offence, about one hundred and fifty years ago. " For some
doctrines, which he noteth in his lordship's confession, the reader ought to call to mind, the times
in which his lordship wrote them, and the distaste of that court against the proceedings of Barnerelt,
whose state-faction blemished his creed.
Of this tract there are various MSS.a in the British Museum, and one apparently in Lord Bacon's
handwriting.8 It is stated in one of the MSS. to have been written before or when Sir Francis
Bacon was Solicitor General,4 and in the Remains it is entitled, " Confession of Faith, written by
Sir Francis Bacon, knight, Viscount St. Albans, about the time the Solicitor General to our late So-
vereign Lord King James."0
beholding the same in the face of a mediator ; and therefore that before him, with whom all things are present, the Lamb
of God wai slain before all worlds; without which eternal counsel of his, it was impossible for him to have descended
to any work of creation ; but he should have enjoyed the blessed and individual society of three persona in Godhead only
forever.'
M This point I have heard some divines question, whether God, without Christ, did pour his love upon the creature 1 and
I had sometimes a dispute with Dr. Sharp* of your university, who held that the emanation of the Father's love to the
creature was immediate. His reason, amongst others, was taken from that text, ' So God loved the world, thru be gave his
only begotten 8on.' Something of that point I have written amongst my papers, which on the sudden I cannot light upon.
Bat I remember that I held the point in the negative, and that St. Austin, in his comment on the fifth chapter to the Ro-
BAans, gathered by Beda, is strong that way.
"In page 413, line penult, are these words:
** *God, by the reconcilement of the Mediator, turning bis countenance towards his creatures, (though not in equal light
and degree,) made way unto the dispensation of his most holy and secret will, whereby some of his creatures might stand
and keep their state ; others might, possibly, fall, and be restored ; and others might fall, and not be restored in their
estate, but yet remain in being, although under wrath and corruption ; all with respect to the Mediator ; which is the
great mystery, and perfect centre of all God's ways with his creatures ; and unto which all his other works and wonders do
but serve and refer.'
"Here absolute reprobation seems to be defended, in that the will of God is made the reason of the not-resthution of
some; at leastwise his lordship seems to say, that 'twas God's will that some should fall, unless that may be meant of
voluntas permbwival, (his will of permission.)
u In page 414, 1. 10, where he saitb, (amongst the generations of men be elected a small flock,) if that were admitted (of
fallen men,) it would not be amiss ; lest any should conceive that his lordship had meant, the decree had passed on maasa
incorrupta, (on mankind considered before the (all.)
u In page 415, 1. 8, are these words :
* * Man made a total defection from God, presuming to imagine, that the commandments and prohibitions of God were
not the rules of good and evil, but that good and evil had their own principles and beginnings.'
** Consider whether this be a rule universal, that the commands and prohibitions of God are the rules of good and evil.
For, as St. Austin saitb, many things are prohibita quia mala (for that reason forbidden, because they are evil :) as those sins
which the schools call speciflcal.
" In page 415, 1. antepen. are these words :
" * The three heavenly unities exceed all natural unities. That is to say, the unity of the three Persons in Godhead, the
unity of God and man in Christ, and the unity of Christ and the church ; the Holy Ghost being the worker of both these
latter unities ; for by the Holy Ghost was Christ incarnate, and quickened in flesh ; and by the Holy Ghost is man regenerate,
and quickened in spirit.'
M Here two of the unities are ascribed to the Holy Ghost. The first seems excluded ; yet divines say, that Spiritus
Sanctus & amor, & vinculum Patris & Filil, (the Holy Ghost is the love and the bond of the Father and the Son.)
** In page 416, 1. 12, are these words :
44 * Christ accomplished the whole work of the redemption and restitution of man to a state superior to the angels.'
"This (superior) seems to hit upon that place, io&yytXoi, Luke xx. 36, which argues but equality. Suarez (De Angel is,
lib. 1, cap. 1,) saitb, that angels are superior to men, quoad gradum intellectualem, & quoad immediatam habitationem ad
Deum, (both in respect of the degree of their intellectual nature, and of the nearness of their habitation to God ) Yet St.
Austin afllrmeib, naturam humanam in Christo perfectiorem esse angelica, (that the human nature in Christ is more perfect
than the angelical.) Consider of this. And thus far, not as a critic, or corrector, but as a learner. For,
Corrigere, res est tanto magis ardua, quanto
Magnus, Aristarcho major, Homerus erat.
In baste. your servant, Room M*YKWABiNa."
1 Baconiana, 103.
* Sfeau, 2 copies, 83 Cat. HarUicn, vol. 3, 314— vol. 3, 61. Har grave's p. 63.
' MSS. Burch, No. 4963.
* Sloane's, S3, and see in Rawley's observations, ante, 396, where he says, "though he composed the same many years
before his death," and the same expression is in the passage from the Opuscula.
* This tract was republished in 1757. A Confession of Faith, written by the Right Honourable Francis Bacon, Lord
Verulam, republished with a Preface on the Subject of Authority in Religious Matters, and adapted to the Exigency of the
present Times. London, printed for W. Owen, at Temple-Bar, 1757, 8vo. pp. 86, and in the second volume of Butler's
Reminiscences, recently published, in page 232, there is a letter from Dr. Parr containing the following, ** You know there
is no doubt as to the authenticity of the Confession of Faith, ascribed to Lord Bacon. I am perplexed with It. Was he
serious 1 I mean serious all through 1 Does he mean it for a tentamen 1 What inference would Hume have drawn from
it 1" And in a manuscript kindly communicated to me by Mr. Barker, the doctor says, "that Bacon admitted the received
doctrine of the Trinity, is obvious, from the prayer made by him when Chancellor of England, and from various passagea
of the most unequivocal and emphatical kind in his Confession of Faith.
• The same, 1 think, who was committed to the Tower, having taught Hoskins his allusion to the Sicilian Vespers. See
Reliqu. Wotton, p. 484. Dr. Tenison.
8 L
£98 EDITOR'S PREFACE.
AN ADVERTISEMENT TOUCHING THE CONTROVERSIES OF THE CHURCH OF
ENGLAND.
This was first published in the year 1641, without the author's name.1 The following is the
title:
A Wise and Moderate Discourse,
concerning
Church Affaires,
As it was written, long since, by the fa-
mous Authour of those Consi-
derations, which seem to
have some reference
to this.
Now published for the common good.
Imprinted in the yeere 1641.
It was next published with the present title, in the Resuscitatio.
In this tract upon Church Controversies, an arrangement, although not formerly declared, may,
as in the Sylva Sylvarum,9 easily be perceived.8 The method, with a few extracts well worthy
the consideration of ecclesiastical controversialists, is as follows :
I. RELIGIOUS CONTROVERSIES WILL EXIST,
AND PARTICULARLY IN TIMES OF PEACE.
When the fiery trial of persecution ceaseth,
there succeedeth another trial, which, as it were,
by contrary blasts of doctrine doth sift and winnow
§11.
II. NATURE OF RELIGIOUS CONTROVERSIES.
1. High nature.
The high mysteries of faith 411
The great parts of the worship of God ib,
2. Minor nature, ceremonies, and things indit*
men s faith. I ferent, or those parts of religion which per-
I tain to time, not to eternity &
1 There is a copy in the British Museum, and M88. Ays. 4963
In Blackburne's edition, vol. i. 193, he thus notices this tract : " Next follows an Advertisement touching the controver-
sies of the Church of England, p. 418. This treat be was originally printed in the year 1641, without the author's name and
under a different title : called, "A wise snd moderate discourse concerning church affairs; as it was written long since, by
the famous author of those considerations, which seem to have some reference to this." It is plain from p. 498, that it was
wrote in the reign of Queen Elizabeth. Dr. 8ancroft had collated and corrected this piece in more than a hundred places:
and 1 am to ask the reader's pardon for mislaying the copy containing these his farther emendations.
P. 419, 1. 23, parts, r. some things, his.
P. 490, 1. 6, zeal, r. hate.
1. 38, resemble, r. agree.
P. 493, 1. 33, r. pretend zeal.
P. 494, 1. 39, r. seduce the people.
P. 498, 1. 3, exercise, r. waste.
P. 499, 1. 18, r. grope for.
8o thst I conceive abundant justice is done to this part of our noble author's works.
* Dr. Rawley, in his sddress to the Reader, in the 8ylva Sylvarum, says— u 1 have heard his lordship say also, that one
great reason why he would not put these particulars into any exact method, (though he that looketh attentively into tbsm
shall find that they have a secret order, was, because he conceived that other men would now think that they could do the
like."
9 The following Is an analysis of this subject, at all times of Importance, but particularly to a Christian In Christian
Controversy.
1. Religious controversies will exist, and particularly in times of peace.
9. Nature of Religious Controversies.
3. Virtues of Religious Controversies.
1. Christian Forbearance.
9. Christian Demeanor.
3. Christian Language.
4. Vices in Controversies.
1. The Vices of the Clergy.
9. Nature and Humour of Men, 415.
3. Detestation of former Heresy, ib.
4. Imitation of Foreign Churches, 416.
9. In their extension, 417.
Conduct of Reformers
Anti-reformers
3. Unbrotberly Proceedings, 418.
By the Possessors of Church Government.
By the opposers.
4. Improper Publications, 419.
EDITOR'S PREFACE.
899
III. VIRTUES IN CHRISTIAN CONTROVERSIES.
"Qui pacem tractat non repetitis condi-
tion ibu« dissidii, is magis animos hominum
dulcedine pacis fallit, quam aequitate com-
ponit
412
1. Christian Forbearance.
Let every mail be swift to hear, slow to
apeak, alow to wrath ib.
2. Christian Demeanor.
3. Christian Language ib.
If we did but know the virtue of silence
and slowness to speak, our controversies of
themselves would close and grow up to-
gether ib.
Brother, if that which you set down as an
assertion, you would deliver by way of ad-
vice, there were reverence due to your coun-
sel, whereas faith is not due to your affirma-
tion.
A feeling Christian will express in his
words a character of zeal or love : although
we are not to contend coldly about things
which we hold dear. ' 413
Impropriety of wit in religious contro-
versy, " Non est major confusio, quam serii
et joci."
A fool should be answered, but not by be-
coming like unto him ib.
UV.
IV. VICES IN CONTROVERSIES.
1. In the occasions.
1. The Vices of the Clergy.
The imperfections in the conversation and
government of those which have chief place
in the church, have ever been principal
causes and motives of schisms and divisions.
For, whilst the bishops and governors of the
church continue full of knowledge and good
works; whilst they deal with the secular
states in all liberty and resolution, according
to the majesty of their calling, and the pre-
cious care of souls imposed upon them, so
long the church is "situated" as it were
" upon a hill *," no man maketh question of
it, or seeketh to depart from it. The hu-
mility of the friars did, for a great time,
maintain and bear out the irreligion of bishops
and prelates. 414
2. Prejudices of particular men 415
The universities are the seat or the conti-
nent of this disease, from whence it is derived
into the realm ib.
3. Detestation of former heresy ib.
This manner of apprehension doth in some
degree possess many in our times. They
think it the true touchstone to try what is
good and evil, by measuring what is more or
less opposite to the institutions of the Church
of Rome, be it ceremony, be it policy, or go-
1 Fuller says, " The Holy Ghost descended not In the spirit
of a vulture, but in the spirit of a dove."
vemment; yea, be it other institutions of
greater weight, that is ever most perfect
which is removed most degrees from that
church ; and that is ever polluted and ble-
mished, which participated! in any appear-
ance with it This is a subtile and danger-
ous conceit for men to entertain; apt to
delude themselves, more apt to delude the
people, and most apt of all to calumniate
their adversaries 416
4. Imitation of Foreign Churches ib,
2. Improper extension of controversy.
1. Conduct of Reformers 417
2. Conduct of Anti-reformers ib.
Again, to my lords the bishops I say, that
it is hard for them to avoid blame, in the
opinion of an indifferent person, in standing
so precisely upon altering nothing : " leges,
no vis legibus non recreatss, acescunt ;" laws,
not refreshed with new laws, wax sour.
" Qui mala non per mu tat, in bonis non per-
severat :" without change of ill, a man can-
not continue the good. To take away many
abuses, supplanteth not good orders, but esta-
blisheth them. " Morosa moris retentio, res
turbulcnta est, ©que ac novitas ;" contentious
retaining of customs is a turbulent thing, as
well as innovation. A good husband is
ever pruning in his vineyard or his field ; not
unseasonably, indeed, not unskilfully, but
lightly ; he findeth ever somewhat to do. . . . ib.
I pray God to inspire the bishops with a
fervent love and care of the people ; and that
they may not so much urge things in con-
troversy, as things out of controversy, which
all men confess to be gracious and good. . . . 418
3. Un brotherly proceedings.
1 . 1W the possessors of church government. . . ib.
Their urging of subscription to their own
articles, is but " lacessere, et irritare morbos
Ecclesie," which otherwise would spend and
exercise themselves. •• Non consensum
querit sed dissidium, qui, quod factis pnesta-
tur, in verbis exigit" He seeketh not unity,
but division, which exacteth that in words,
which men are content to yield in action.
I know restrained governments are better
than remiss ; and I am of his mind that said,
Better is it to live where nothing is lawful,
than where all things are lawful. I dislike
that laws should not be continued, or dis-
turbers be unpunished : but laws are likened
to the grape, that being too much pressed
yields a hard and unwholesome wine.
2. The opposers of church government.
1. Supposition of exclusive perfection 420
2. Their manner of preaching ib.
3. In not acting equally in liberty or restraint ib.
4. Indiscriminate statements 421
5. Mode of handling Scripture ib.
6. Great reliance on trifles ib.
4. Improper publications
The press and pulpit should be freed and
discharged of these contentions ; neither pro-
motion on the one side, nor glory and heat
on the other side, ought to continue those
challenges and cartels at the cross.
ib.
400 EDITOR'S PREFACE.
THE CHARACTERS OF A BELIEVING CHRISTIAN IN PARADOXES AND SEEM-
ING CONTRADICTIONS.
This tract, published as it seems in the year 1645, was, in 1648, inserted in the Remains,
and in 1730 in Blackburn's edition of Lord Bacon's works.1 Its authenticity seems to be yery
doubtful. It was inserted in Blackburn's edition, after the following notice: — " The following
fragments were never acknowledged by Dr. Rawley, among the genuine writings of the Lord Bacon;
nor dare I say that they come up to the spirit of penetration of our noble author. However, as they
are vouched to be authentic in an edition of the Remains of the Lord Verulam, printed 1648; and as
Archbishop Sancroft has reflected some credit on them by a careful review, having in very many in-
stances corrected and prepared them for the press, among the other unquestioned writing of his lord-
ship ; for these reasons I have assigned them this place, and left every reader to form his own judg-
ment about their importance :" and in a letter from Dr. Parr to his legatee and biographer, E. H.
Barker, the doctor says, " it is, however, well known, that some of his fragments were not acknow-
ledged by Dr. Rawley to be genuine, though vouched to be authentic in an edition of the Remains of
Lord Verulam, printed in 1648, and though examined, corrected, and prepared for the press by
Archbishop Sancroft among the other unquestionable writings of Bacon. Among those fragments
■ are the Characters of a believing Christian, in paradoxes and seeming contradictions, compared with
the copy printed Lond. 1615. The paradoxes are thirty-four ; but it is sufficient for my purpose to
quote the 2d and 3d. After frequent and most attentive perusal, lam convinced that these Fragments
were written by Bacon, and intended only for a trial of his skill in putting together propositions,
which appear irreconcileable, and that we ought to be very wary in drawing from such a work any
positive conclusions upon the real and settled faith of Lord Bacon. Bacon perhaps was sincere, when
he said, ' I had rather believe all the fables in the Legend, and the Talmud, and the Alcoran, than
that this universal frame is without a mind.' But to many parts of the paradoxes we may apply his
remark upon the fool, who said in his heart, but did not think * There is no God.' He rather said
these things for a trial of skill, as the fool talked by rote, than that he really believed them, or was
persuaded of them.*
I subjoin the evidence, external and internal, which 1 have been able to discover in favonr and in
opposition to their authenticity.
The following are the external reasons against their authenticity — 1st, Soon after Lord Bacon's
death there were various spurious works ascribed to him, with which the Remains abound.*— 2dly,
This tr.ict is not recognised by Dr. Rawley, who in his address to the reader in his Resuscitation does
not mention it amongst the theological works which he enumerates, although he says, " I have com-
piled in one whatsoever bears the true stamp of his lordship's excellent genius, and hath hitherto
1 In Dr. Parr's annexed letter, it appears to have been published in 1645; and in Vol. I. of Blackburn*! edition, he says,
speaking of Archbishop Sanctoft, to the characters of a believing Christian in paradoxes, dec. compared with the other copy
printed in 1045, 1 have not been able to see a copy of the tract published in 1045. — B. M.
3 See Bacon's Essay on Atheism.
Dr. Parr does not speak with as much confidence in a letter to Mr. C. Butler, published in the second volume of Bailer's
Reminiscences, page 933, where he says, "But now conies a real difficulty. What shall we say to the * Character of a
believing Christian in paradoxes and seeming contradictions V Here I am quite at a loss to determine. If an ingenious man
means to deride the belief of Christianity, could he have done it more effectually than in the work just now alluded to!
Mr. Hume would say— No. There is some uncertainty as to the authenticity of this little tract. I suspect that Bacon meant
to try his strength, and then to return quietly to the habitual conviction of his mind, that Christianity is true."
3 In Rawley's Epistle to the Reader in the Reruseitatio, he says, "for some of the pieces, herein contained, his lordship
did not aim at the publication of them, but at the preservation only, and prohibiting them from perishing, so as to have
been reposed in some private shrine, or library: but now, for that, through the loose keeping of his lordship's papers, whilst
he lived, divers surreptitious copies have been taken; which have since employed the press with sundry corrupt and mangled
editions ; whereby nothing hath been more difficult than to find the Lord Saint Alban in the Lord Saint Alban; and which
have presented (some of them) rather a fardle of nonsense, than any true expressions of his lordship's happy vein; I
thought myself in a sort tied to vindicate these injuries and wrongs done to the monuments of his lordship's pen; and at
once, by setting forth the true and genuine writings themselves, to prevent the like invasions for the time to come/* Ass
Archbishop Tenisnn says, "This general acceptance of his works has exposed him to that ill and unjust usage which ii
common to eminent writers. For on such are fathered, sometime spurious treatises; sometimes most corrupt copies of
good originals; sometimes their essays and first thoughts upon good subjects, though laid aside by them unprosecuted aid
uncorrected ; and sometimes the very toys of their youth, written by them in trivial or loose arguments, before they had
arrived either at ripeness of Judgment, or sobriety of temper. The veriest straws (like that of Father Garnet) are shows
to the world as admirable reliques, if the least strokes of the image of a celebrated author, does but seem to be upon theav
The press bath been injurious in this kind to the memory of Bishop Andrews, to whom it owed a deep and solemn revs*
rence. In such an unbecoming manner it hath dealt, long ago, with the very learned snd ingenious author of the Vidgm
Errors. Neither hath the Lord Bacon gone without his share in this injustice from the press. He hath been 111 dealt whs
in the letters printed in the Cabals, snd Scrinia, under his name : for Dr. Rawley professed, that though they were not
wholly false, yet they were very corrupt and enibased copies. This I believe the rather, having lately compared sons
original letters with the copies in that collection, and found them imperfect. And to make a particular Instance ; In coav
paring the letter of Sir Walter Rsleigh to Sir Robert Car, of whom a fame had gone that he had begged his estate; I (boat
no fewer than forty different, of which some were of moment. Our author hath been still worse dealt with, In a pamphlet
in octavo, concerning the trial of the Earl and Countess of Somerset : and likewise in one in quarto, which bearelh the
title of Bacon's Remains, though there cannot be spied in it, so much as the ruins of his beautiful genius."
EDITOR'S PREFACE. 401
slept, and been suppressed, in this present volume, not leaving any thing to a future hand, which I
found to be of moment, and communicable to the public, save only some few Latin works, which by
God's favour and sufferance, shall soon after follow." And in another part of the same address he
says, " I thought myself in a sort tied to vindicate these injuries and wrongs done to the monuments
of his lordship's pen ; and at once, by setting forth the true and genuine writings themselves, to
prevent like invasions for the time to come." — 3dly, It is not noticed by Archbishop Tenison, who
published the Baconiana in 1679, in which he says, " His lordship's writings upon pious subjects
are only these : his Confession of Faith, the Questions about a Holy War, and the Prayers in these
Remains ; and a translation of certain of David's Psalms, into English verse.1— 4thly, There is not
any MSS. of these Paradoxes."
The external reasons in favour of their authenticity are, 1st, They are published in the Remain*,
in 1648, and, although they are not recognised, they are not expressly disowned either in 1657 by
Dr. Rawley, or in 1679 by Archbishop Tenison, who does expressly repudiate other works ascribed
to Lord Bacon. Whether this silence is negative evidence that the Paradoxes are authentic, or that the
friend and admirer of Lord Bacon, after having discredited the Remains, did not deem the Paradoxes
entitled to a particular refutation, is a question not free from doubt, if it can be supposed that Dr.
Rawley and the archbishop were so insincere as, knowing their reality, to express their opinion of
Lord Bacon's religious sentiments, and to censure the author of the Remains, without doing him the
justice to acknowledge that the Paradoxes were authentic. 2dly, Dr. Rawley and Archbishop Teni-
son admit that there were other MSS. in existence. 3dly, The authenticity of the Paradoxes is sup-
posed to have been acknowledged by Archbishop Sancroft; but upon inquiry it will, perhaps, appear
that the archbishop only corrected the copy which was inserted in the Remains, by comparing
it with the first publication in 1645.1
Such is the external evidence. The internal evidence is either from the thought, or the mode in
which the thought is expressed.
The reasons against the authenticity of the Paradoxes, from the nature of the thought, are— 1st,
If a spirit of piety4 pervades the Paradoxes, it seems to differ from the spirit which moved upon the
mind of Lord Bacon ;3 and if the MSS. of this Essay, of which there is not any evidence, had been
1 Bacon iana, page 72.
2 I venture to assert this, for I have not been able to find a M88. I should be happy to have my error corrected.
3 Blackburn, in the fourth volume of hi* edition of Bacon, A. D. 1730, p. 438, says, " Archbishop Sancroft has reflected
some credit on them by a careful review, having in very many instances corrected and prepared them for the press : among the
other unquestioned writings of his lordship, I annex some of the passages from Blackburn, where Archbishop Sancroft to
mentioned. "Our noble author's letters in the (Resuscitatio' are in full credit; and yet these are In many instances cor-
rected by Dr. Sancroft, and that uncontestably from MSS. ; because the author's subscription, under that prelate's band, to
in several particulars adiled, as N. X. * Your lordship's most humbly in all duty. N. XI. Tour lordship's in all humbleness
to be commanded.' I say I conceive it evident, that these subscriptions to the printed copy of 1057, do ascertain the addi-
tions to be made from original MSS., since they could not be added upon Judgment or conjecture, but must be inserted from
authority. And this gives sanction to the emendations of these letters contained in the ' Resuscitatlo ;' so that I may pre-
sume to think this present edition is even more exact than what Dr. Rawley himself published. Blackburn, vol. i. p. 193.
In page 158, of vol. iv.f be says, u I have added some fragments from the quarto edition of the Remains printed in 1648.
That copy has been deservedly treated with great indignation and contempt ; being notoriously printed, in a surreptitious and
negligent manner. However, I do not remember a single page in this scandalous edition, excepting these fragments and
the essay «»f a king, which does not appear in a more correct dress in some part or other of our noble author's works. This
seems to give th*m a little credit ; and Dr. Sancroft having corrected them with so much diligence, as to distinguish where
h*» his done it from printed copies, I have some cause to apprehend that the other copies were amended by unquestionable
MSS. of our noble author. The order they appear in is, 1. An Explanation what manner of persons those should be, thai
are to execute the power or ordinance of the king's prerogative, p. 3. This is corrected in very many places. S. Short notes
for civil conversation, p. 0, interlined in many places, with apt divisions, not observed in the edition of 1648. 3. An E$ say on
Death, p. 7. This is likewise corrected in very many places, and subdivided as if done from MSS., and made a new work.
4. The Characters of a believing Christian, in paradoxes and seeming contradictions. This in terms of abatement under the
archbishop's own hand stands thus : Compared with the other copy, printed Lond. anno, 1645. 5. A Prayer, corrected only in
two places, which I must confess does not appear to be cast in the same mould with that printed above, p. 447."
* In the year 1703, the third edition of a penny tract of the characteristics was published. The following Is a copy of the
title page of this tract : Characteristics of a Believing Christian in Paradoxes and Seeming Contradictions. By Francis
Bacon, Baron of Verulam, Viscount of St. Alban, and Lord High Chancellor of England, with a preface by a clergyman.
The Third Edition. London, printed by M. Lewis, in Paternoster Row, 1762, (price one penny.) The following Is the pre-
face : In order to prevent a misconstruction of the following paradoxes, it may be needful to inform the reader, that when
rightly considered, they are no ways ludicrous, sarcastical, or prophane, but solid, comfortable, and godly truths, taught by
the Holy Ghost in the school of experience, and well understood by them who are truly Christians. I do not say, that every
•joe in Christ can understand them all, but this I think I may venture to affirm, he that understands none of them, hath not
yet learned his A. B. C. in the school of Christ. But if any should ask me, why I choose to publish his lordship's paradoxes
rather than any other 1 1 answer — 1st, Because, though very comprehensive, yet they are but short, and may therefore be
easily purchased by the poorer sort of Christians. 2d1y, That the minute philosophers and ignoble gentlemen of our day
might hence be taught, that a fine gentleman, a sound scholar, and a great philosopher, may be a Christian ; since we find
not only Paid, a Justin Martyr, Ace, but even in our own nation, so great a philosopher as my Lord Bacon, espousing and
confessing the Christian verity. In a word, reader, if thou understandest these few paradoxes, bless Ood for them ; if
thou understandest them not, thou mayest, like the Eunuch, call in some Philip to thy assistance : but above all permit me
to advise thee to aak of the Father of lights, who giveth wisdom liberally and upbraideth not. I am, for Christ's sake, thy
friend and servant, F. Cmm.
Take any, for instance Paradox 34. " His advocate, his surety shall be his judge % his mortal part shall become immor
Vol. II 51 9l2
409 EDITOR'S PREFACE.
found amongst the papers of Lord Bacon, would it not be more probable that they were the effusion
of one of his pious friends, Herbert for instance, than that they were Lord Bacon's own production t
9d. If the Paradoxes are supposed to be polluted by an under current of infidelity, the very supposi-
tion is evidence against their authenticity, " for this lord was religious, and was able to render a rea-
son of the hope which was in him.1 He repaired frequently to the senrice of the church, to hear
sermons, to the administration of the sacrament of the blessed body and blood of Christ, and died in
the true faith, established in the Church of England."8
The internal evidence against the authenticity of the Paradoxes from the style is, that — 1st, They,
in style, are in opposition to the whole tenor of Lord Bacon's works, which endeavours to make
doubtful things clear, not clear things doubtful.* 2d, The style of the Paradoxes, if they are sup-
posed to contain an indirect attack upon Christianity, are in opposition to Lord Bacon's opinion of
the proper style for religious controversy. " To search, he says, and rip up wounds with laughing coun-
tenance, to intermix Scripture and scurrility sometimes in one sentence, is a thing far from the devout
reverence of a Christian, and scant beseeming the honest regard of a sober man. * Non est major
eonfusio quam serii et joci.' There is no greater confusion than the confounding of jest and earnest.
The majesty of religion, and the contempt and deformity of things ridiculous, are things as distant
as things may be. Two principal causes have I ever known of atheism ; curious controversies, and pro-
fane scoffing. 3d, They have not any resemblance to the style of Lord Bacon ; they are neither poetical,
adorned by imagery,4 nor learned, enriched by rare quotation ; nor familiar, illustrated by examples,*
ta! ; and what was town in corruption and defilement shall be raised in incorrupt ion and glory ; and a finite creature ahatl
pofwera an infinite happiness. Glory be to God." Compare this with his prayer. "Remember, O Lord, how thy serrant
hath walked before thee : remember what I have flr*t sought, and what hath been principal in my intentions. I have loved
thy assemblies : I have mourned for the divisions of thy church : I have delighted In the brightness of thy sanctuary. This
vine which thy right hand hath planted in this nation, I have ever prayed unto thee, that it might have the first and the latter
rain; and that it might stretch her branches to the seas and to the floods. The state and bread of the poor and oppressed
have been precious in mine eyes : I have hated all cruelty and hardness of heart : I have, though in a despised weed, pro-
cured the good of all men. If any have been my enemies, I thought not of them ; neither hath the sun almost net noon my
displeasure ; but I have been as a dove, free from superfluity of maliciousness. Thy creatures have been my books, bat thy
scriptures much more. I have sought thee in the courts, fields, and gardens, but I have found thee in thy temples."
1 80 in the Religio Medici, fiir Thomas Brown says, " For my religion, though there be several circumstances that might
perswade the world I have none at all, as the general! scandal of my profession, the natural course of my studies, the indif-
ferency of my behaviour, and discourse in matters of religion, neither violently defending one, nor with that common ardoar
and contention opposing another ; yet in despight hereof I dare, without usurpation, assume the honorable stile of a Chris-
tian ; not that I meerely owe this stile to the font, my education or clime wherein I was borne as being bred ap either to
eon fir me those principles my parents instilled into my unwary understanding ; or by a general! consent proceed hi the
religion of my countrey. But having, In my riper years, and confirmed judgment seene and examined nil, I find myselfli
obliged by the principles of grace, and the law of mine owne reason to embrace no other name but this; neither doth hercw
my zeale so fare make me forget the general! charitie I owe unto humanity, as rather to bate than pity Turkes, Infidels and
(what is worse) Jewes, rather contenting myself to enjoy that happy stile, than maligning those who refuse so glorious a
title."
* Such are the words of Dr. Rawley.
* In some part of his works, I do not recollect where, he says, " I endeavour not to Inflate trifles Into marvmfts, bat to
reduce marvaiis to plain things :" and Rawiey, in his life of Lord Bacon, says, u In the composing of his books he had rather
drive at a masculine and clear expression, than at any fineness or affectation of phrases, and would often ask If the mwamimg
were expressed plainly enough, as being one that accounted word* to be but subservient, or numisisriaU to matter; and set
the principall. And if' his stile were polite, it was because he could do no otherwise ; neither was he given to any tight
conceits ,* or descanting upon words, but did ever, purposely and industriously avoyd them ; for he held such things to be bat
digressions or diversions from the scope intended ; and to derogate from the weight and dignity of the stile."
4 As a specimen of his mode of illustrating by imagery, see the Advancement of Learning, vol. ii. page 177. In "Orpheas's
theatre, where all beasts and birds assembled ; and, forgetting their several appetites, some of prey, some of fane, 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 apUy described the nature and
condition of men, who are full of savage and unreclaimed desires of profit, of lust, of revenge ; which as long as they give
ear to precepts, to laws, to religion, sweetly touched with eloquence and persuasion of books, of sermons, of harangues, so
long is society and peace maintained ; but if these instruments be silent, or that sedition and tumult make them not audi-
ble, all things dissolve into anarchy and confusion."
6 In the Treatise l>e Augmentis, lib. v. 3, upon literate experience or invention, not by art but by accident, he says, speak-
ing of the error in supposing that experiments will succeed without due consideration of quantity of matter, " It is not alto-
gether safe to rely upon any natural experiment, before proof be made both in a lesser, and greater quantity. Hen should
remember the mockery of wRsop's housewife, who conceited that by doubling her measure of barley, her hen would daily
lay her two eggs ; but the ben grew fat, and laid none." As specimens of his familiar illustration, see also the Advance-
ment of Learning, when speaking of studies teeming with error, he says, "Surely to alchemy this right is due, that it may
be compared to the husbandman whereof JEsop makes the fable ; that, when he died, told his sons, that he had left onto
them gold buried under ground in his vineyard ; and they digged over all the ground, and gold they found none : but by
reason of their stirring and digging the mould about the roots of their vines, they had a great vintage the year following:
so assuredly the search and stir to make gold bath brought to light a great number of good and fruitful inventions and experi-
ments, as well for the disclosing of nature as for the use of man's life." 8ee again In exhibiting the nature of the phttoso-
pby of universals, "Philosopha Prima," the connection between all parts of nature, he says, u Is not the delight of tat
quavering upon aelop in music, the same with the playing of light upon the water 1
u 'Splendet tremulo sub lumine pontus:' "—See vol. I. p. 1M.
I could willingly Indulge myself with the selection of other instances, but remembering the admonition that "it hi a*
granted to love and to be wise," I stop.
EDITOR'S PREFACE. 403
as in most of his philosophical works; nor written pressly1 and weightily,9 as the Novum
Organum : but they seem remarkable only for antithesis, something like Fuller, without his spirit: a
sort of dry Fuller, or, as he would say, Fuller's earth : or like the Essay on Death, published also in
the Remains, and ascribed without authority to the same illustrious author.*
The evidence in favour of the authenticity of the Paradoxes, from the style, is, that— 1. Aphorisms
are the favourite style of Lord Bacon.4 2. The paradoxes contain two of Lord Bacon's expressions;
the one is in the beginning of the 26th Paradox, " He is often tossed and shaken, yet is as Mount Sion :
he is a serpent and a dove."5 The other in the 10th Paradox. " He lends and gives most freely, and
yet he is the greatest usurer."5 3d. That although the Paradoxes do not contain any patent inter-
nal evidence of their authenticity, yet there is latent evidence from the dissimilarity of the style, as
Lord Bacon, knowing how to discover the mind through words,7 well knew the art of concealment,
by which he could cast a cloud about him so as to obscure himself from his enemies. To this refined
reason which, without proving the authenticity of the Paradoxes, shows only that, by possibility,
they may be authentic, it is sufficient to say that, as they were not published or intended for publica-
tion, it seems difficult to discover any assignable cause for this mystery.
CONSIDERATIONS TOUCHING THE PACIFICATION OF THE CHURCH.
This was published in 1640, and there are copies in the British Museum, and at Cambridge : and
a MSS. in Sloane's Collection, 23.
THE TRANSLATION OF CERTAIN PSALMS.
This was published in 8vo. in 1625, and in the Benueitatio.
HOLY WAR.
This was written and published in 4 to. in 1623, and in 1629 ; and there are MSS. in the British
Museum.
1 Ben Jonson In his Discoveries says, Domino* Verulamius.—One though he be excellent, and the chief, is not to be
imitated alone ; for no imitator ever grew up to his author : likeness is always on this side of truth ; yet there happened in
my time one noble speaker, who was full of gravity In his speaking. His language (where he could spare or pass by a jest)
was nobly censorious. No man ever spake more neatly, more pressly, more weightily, or suffered less emptiness, leas idle-
ness, In what he uttered. No member of his speech but consisted of his own graces. His bearers could not cough, or look
aside from him without loss. lie commanded where he spoke ; and had bis judges angry and pleased at his devotion. No
man had their affections more in his power. The fear of every man that heard him was lest he should make an end.
9 Take for instance any of the Nervous Aphorisms, in the Novum Organum, and compare it with the sentences of the
Paradoxes.
See Preface to vol. i.
* No man was, for his own sake, less attached to system or ornament than Lord Bacon. A plain, unadorned style fat
aphorisms, in which the AVtnm Organum Is written, Is, he invariably states, the proper style for philosophy. In the midst
of his own arrangement, In the Advancement of Learning, he says : ** The worst and most absurd sort of triflers are those
who have pent the whole art into strict methods and narrow systems, which men commonly cry up for the sake of their regu-
larity and style." Then see Advancement of Learning.
* This union of the serpent and the dove is a favourite image of Lord Bacon's. See the Advancement of Learning, vol.
1. p. ffO: "It is not possible to Join serpentine wisdom with the columbine innocency, except men know exactly all the
conditions of the serpent ; his baseness and going upon his 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." See also the Meditationea
Sacrs, M of the innocency of the dove, and the wisdom of the serpent."
* See Apophthegm 148, in vol. I. p. 115, it is as follows :
"They would say of the Duke of Guise, Henry, that had sold and oppignerated all bis patrimony, to suffice the great
donatives that he had made ; that he was the greatest usurer of France, because all his state was in obligations."
7 See Treatise De Augmentis, b. vL c. 1, \ 11.
!
\
THEOLOGICAL TRACTS.
A PRAYER, OR PSALM,
MADE BT TBB
LORD BACON, CHANCELLOR OF ENGLAND.
Most gracious Lord God, my merciful Father,
from my youth up, my Creator, my Redeemer,
my Comforter. Thou, O Lord, soundest and
Bearchcst the depths and secrets of all hearts :
thou acknowledges! the upright of heart : thou
judgest the hypocrite : thou ponderest men's
thoughts and doings as in a balance : thou mea-
sured their intentions as with a line : vanity and
crooked ways cannot be hid from thee.
Remember, O Lord, how thy servant hath
walked before thee : remember what I have first
•ought, and what hath been principal in my in-
tentions. I have loved thy assemblies: I have
mourned for the divisions of thy church : I have
delighted in the brightness of thy sanctuary. This
vine, which thy right hand hath planted in this
nation, 1 have ever prayed unto thee, that it might
have the first and the latter rain ; and that it might
stretch her branches to the seas and to the floods.
The state and bread of the poor and oppressed
have been precious in mine eyes : I have hated
all cruelty and hardness of heart : I have, though
in a despised weed, procured the good of all men.
If any have been my enemies, I thought not of
them ; neither hath the sun almost set upon my
displeasure ; but I have been as a dove, free from
superfluity of maliciousness. Thy creates have
been my books, but thy Scriptures much more.
I have sought thee in the courts, fields, and gardens,
but 1 have found thee in thy temples.
Thousandshave been my sins, and ten thousands
my transgressions ; but thy sanctifications have re-
mained with me, and my heart, through thy grace,
hath been an unquenched coal upon thine altar.
O Lord, my strength, I have since my youth met
with thee in all my ways, by thy fatherly com-
passions, by thy comfortable chastisements, and
by thy most visible providence. As thy favours
have increased upon me, so have thy corrections ;
so as thou hast been always near me, O Lord ;
and ever as my worldly blessings were exalted,
so secret darts from thee have pierced me ; and
when I have ascended before men, I have de-
scended in humiliation before thee. And now,
when I thought most of peace and honour, thy
hand is heavy upon me, and hath humbled me
according to thy former loving-kindness, keeping
me still in thy fatherly school, not as a bastard,
but as a child. Just are thy judgments upon me
for my sins, which are more in number than the
sands of the sea, but have no proportion to thy
mercies ; for what are the sands of the sea, earth,
heavens, and all these are nothing to thy mercies.
Besides my innumerable sins, I confess before
thee, that I am debtor to thee for the gracious
talent of thy gifts and graces, which I have
neither put into a napkin, nor put it, as I ought,
to exchangers, where it might have made best
profit, but misspent it in things for which I was
least fit : so 1 may truly say, my soul hath been
a stranger in the course of my pilgrimage. Be
merciful unto me, 0 Lord, for my Saviour's sake,
and receive me into thy bosom, or guide me in
thy way.
A PRAYER
MADE AND USED BY THE LORD CHANCELLOR BACON.
O eternal God, and most merciful Father in
Jesus Christ : Let the words of our mouths, and
the meditations of our hearts be now and ever
gracious in thy sight, and acceptable unto thee,
0 Lord, our God, our strength, and our Redeemer.
O eternal God, and most merciful Father in
Jesus Christ, in whom thou hast made a covenant
of grace and mercy with all those that come unto
thee in him ; in his name and mediation we hum-
! bly prostrate ourselves before the throne of thy
j mercies' seat, acknowledging that, by the breach
405
40G PRAYERS.
of all thy holy laws and commandments, we are to newness of life, may be truly born anew, and
become wild olive branches, strangers to thy co- may be effectually made partakers of the first re-
venant of grace ; we have defaced in ourselves surrection, that then the second death may never
thy sacred image imprinted in us by creation ; we have dominion over us. Teach us, O Lord, so to
have sinned against heaven and before thee, and number our days, that we may apply our hearts
are no more worthy to be called thy children. O unto wisdom ; make us ever mindful of our last
admit us into the place even of hired servants, end, and continually to exercise the knowledge of
Lord, thou hast formed us in our mothers' wombs, grace in our hearts, that in the said divorce of soul
thy providence hath hitherto watched over us, and and body, we may be translated here to that king-
preserved us unto this period of time : 0 stay not dom of glory prepared for all those that love thee,
the course of thy mercies and loving-kindness and shall trust in thee; even then and ever, 0
towards us : have mercy upon us, O Lord, for thy Lord, let thy holy angels pitch their tents round
dear Son Christ Jesus1 sake, who is the way, the about us, to guard and defend us from all the malice
truth, and the life. In him, O Lord, we appeal of Satan, and from all perils both of soul and body,
from thy justice to thy mercy, beseeching thee in Pardon all our unthankfulness, make us daily more
his name, and for his sake only, thou wilt be and more thankful for all thy mercies and benefits
graciously pleased freely to pardon and forgive us daily poured down u Jon us. Let these our hum-
all our sin6 and disobedience, whether in thought, ble prayers ascend to the throne of grace, and be
word, or deed, committed against thy divine ma- granted not only for these mercies, but for what-
jesty ; and in his precious blood-shedding, death, soever else thy wisdom knows needful for us; and
and perfect obedience, free us from the guilt, the for all those that are in need, misery, and distress,
stain, the punishment, and dominion of all our whom, Lord, thou hast afflicted either in soul ot
sins, and clothe us with his perfect righteousness, body ; grant them patience and perseverance in
There is mercy with thee, O Lord, that thou may est the end, and to the end: And that, O Lord, not
be feared ; yea, thy mercies swallow up the great- for any merits of ours, but only for the merits
ness of our sins: speak peace to our souls and of thy Son, and our alone Saviour Christ Jesus; to
consciences ; make us happy in the free remission whom with thee and the Holy Spirit be ascribed
of all our sins, and be reconciled to thy poor ser- all glory, &c. J&mcn.
vants in Jesus Christ, in whom thou art well
pleased : suffer not the works of thine own hands ■
to perish ; thou art not delighted in the death of
sinners, but in their conversion. Turn our hearts, THE STUDENTS PRAYER.
and we shall be turned ; convert us, and we shall To God ^ Fath ^ ^ w<wd ^ ^
be converted; illuminate the eyes of our minds g w we forth mofit hnmb, ^ h
and understanding with the bright beams of thy r ,V .. r A, . . . . . . f
u i c« • -s. *u * j -i • ., • supplications ; that he remembering the calami-
Holy Spim, that we may daily grow in the saving J^ mankind ^ ^ a^^ of ^ ^
knowledgeof the heavenly mystery of our redemp- uf fa whjch we weM ^ ^fi*, md etO,
tion, wrought by our dear Lord and Saviour Jesus u i * * * . ^ _I
r.u • * ./ ii j a- *• u *t. would please to open to us new refreshments out
Christ; sanctify our wills and affection by the r*u / *~- - /u* j — r *u h • ^
« . .„ ., J . j r .. r „J of the fountains of his goodness, for the alleviating
same Spirit, the most sacred fountain of all grace of our miserie8# Th£ ^ we humW ^^
and goodness; reduce them to the obedience of ^ b that human things may not prejudice
hy most holy will in the practice of all piety ^^ £ divi ^^ g^ ^ ^ViAo*
toward thee, and chanty towards all men. Inflame • _ ,» ,. _,_ . «-_«. „_j ,i,^ •,!_«: _^ .
u . ••!. .l i • e -.l r .1. l . ,nS °* "ie K***8 °* •«nse» and the kindling oft
our hearts with thy love, cast forth of them what J~ater natural light, anv thine of incrednHtv or
displeaseth thee, all infidelity, hardness of heart, ?^llectual nigntfm8y ,&, inB0Ur ^^ J**
profancness, hypocrisy, contempt of thy holy word diTine ^Aes. Bnt, rather, that by our mind
and ordinances, all uncleanness, and whatsoever thorou^fyetoiBied „„, purgwi from ftacyarf
advanceth itself in opposmon to. hy holy will. And ^^ ^ 8ubjeet and perfectly given ..
grant that henceforth through thy grace, we may ^ ^ djvine orac, ^ ,£ ^ fi J^
be enabled to lead a godly, holy, sober, and Chris- feith ^ M ^ m ^^ ' ^J£
tian life, in true sincerity and uprightness of heart °
before thee. To this end, plant thy holy fear in
our hearts, grant that it may never depart from "
before our eyes, but continually guide our feet in „,„„ WPTm™p,Q pp avto
the paths of thy righteousness, and in the ways l Hti WK1IJSK * rttAYUJC.
of thy commandments : increase our weak faith, Thou, 0 Father, who gavest the visible light
grant it may daily bring forth the true fruits of as the first-born of thy creatures, and didst poof
unfeigned repentance, that by the power of the into man the intellectual light as the top and cos-
death of our Lord and Saviour Jesus Christ we summation of thy workmanship, be pleased tt
may daily die unto sin, and by the power of his protect and govern this work, which coming fan
resurrection we may be quickened, and raised up thy goodness, returneth to thy glory. Thou ate
A CONFESSION OF FAITH.
407
thou hadst reviewed the works which thy hands
had made, beheldest that every thing was very
pood, and thou didst rest with complacency in
them. But man, reflecting on the works which
he had made, saw that all was vanity and vexa-
tion of spirit, and could by no means acquiesce in
them. Wherefore, if we labour in thy works
with the sweat of our brows, thou wilt make us
partakers of thy vision and thy Sabbath. Wo
humbly beg that this mind may be steadfastly in
us ; and that thou, by our hands, and also by the
hands of others, on whom thou shalt bestow the
same spirit, wilt please to convey a largess of
new alms to thy family of mankind. These
things we commend to thy everlasting love, by
our Jesus, thy Christ, God with us. Jlmexu
A CONFESSION OF FAITH,
WRITTEN BY
THE RIGHT HONOURABLE FRANCIS BACON, BARON OF VERULAM, &c
I believe that nothing is without beginning, but
God; no nature, no matter, no spirit, but one,
only, and the same God. That God, as he is
eternally almighty, only wise, only good, in his
nature ; so he is eternally Father, Son, and Spirit,
in persons.
I believe that God is so holy, pure, and jealous,
as it is impossible for him to be pleased in any
creature, though the work of his own hands; so
that neither angel, man, nor world, could stand,
or can stand, one moment in his eyes, without
beholding the same in the face of a Mediator ; and,
therefore, that before him, with whom all things
are present, the Lamb of God was slain before all
worlds : without which eternal counsel of his, it
was impossible for him to have descended to any
work of creation ; but he should have enjoyed the
blessed and individual society of three persons in
Godhead forever.
But that, out of his eternal and infinite good-
ness and love purposing to become a Creator, and
to communicate to his creatures, he ordained in
his eternal counsel, that one person of the God-
head should be united to one nature, and to one
particular of his creatures : that so, in the person
of the Mediator, the true ladder might be fixed,
whereby God might descend to his creatures, and
his creatures might ascend to God : so that God,
by the reconcilement of the Mediator, turning his
countenance towards his creatures, though not in
equal light and degree, made way unto the dis-
pensation of his most holy and secret will :
whereby some of his creatures might stand, and
keep their state, others might possibly fall, and
be restored; and others might fall, and not be
restored to their estate, but yet remain in being,
though under wrath and corruption: all with
respect to the Mediator ; which is the great mys-
tery and perfect centre of all God's ways with his
creatures, and unto which all his other works and
wonders do but serve and refer.
That he chose, according to his good pleasure,
man to be that creature, to whose nature the per-
son of the eternal Son of God should be united ;
and amongst the generations of men, elected a
small flock, in whom, by the participation 0/ him-
self, he purposed to express the riches of his glory;
all the ministration of angels, damnation of devils
and reprobates, and universal administration of
all creatures, and dispensation of all times, having
no other end, but as the ways and ambages of
God, to be further glorified in his saints, who are
one with their head the Mediator, who is one with
God.
That by the virtue of this his eternal counsel
he condescended of his own good pleasure, and
according to the times and seasons to himself
known, to become a Creator; and by his eternal
Word created all things ; and by his eternal Spirit
doth comfort and preserve them.
That he made all things in their first estate
good, and removed from himself the beginning of
all evil and vanity into the liberty of the creature ;
but reserved in himself the beginning of all resti-
tution to the liberty of his grace ; using, neverthe-
less, and turning the falling and defection of the
creature, which to his prescience was eternally
known, to make way to his eternal counsel,
touching a Mediator, and the work he purposed
to accomplish in him.
That God created spirits, whereof some kept
their standing, and others fell : he created heaven
and earth, and all their armies and generations ;
and gave unto them constant and everlasting laws,
which we call nature ; which is nothing but the
laws of the creation ; which laws, nevertheless,
408
A CONFESSION OF FAITH.
have had three changes or times, and are to have
a fourth or last. The first, when the matter of
heaven and earth was created without forms : the
second, the interim of perfection of every day's
work : the third, by the curse, which, notwithstand-
ing, was no new creation : and the last, at the end
of the world, the manner whereof is not yet fully
revealed : so as the laws of nature, which now re-
main and govern inviolably till the end of the world,
began to be in force when God first rested from
his works, and ceased to create ; but received a
revocation, in part, by the curse; since which
time they change not.
That, notwithstanding God had rested and
ceased from creating since the first Sabbath, yet,
nevertheless, he doth accomplish and fulfil his
divine will in all things, great and small, singular
and general, as fully and exactly by providence,
as he could by miracle and new creation, though
his working be not immediate and direct, but by
compass ; not violating nature, which is his own
law, upon the creature.
That at the first, the soul of man was not pro-
duced by heaven or earth, but was breathed im-
mediately from God : so that the ways and pro-
ceedings of God with spirits are not included in
nature : that is, in the laws of heaven and earth ;
but are reserved to the law of his secret will and
grace, wherein God worketh still, and resteth
not from the work of redemption, as he resteth
from the work of creation : but continueth work-
ing till the end of the world : what time that work
also shall be accomplished, and an eternal sabbath
shall ensue. Likewise, that whensoever God
doth transcend the law of nature by miracles,
which may ever seem as new creations, he never
cometh to that point or pass, but in regard of the
work of redemption, which is the greater, and
whereto all God's signs and miracles do refer.
That God created man in his own image, in a
reasonable soul, in innocency, in free-will, and in
sovereignty ; that he gave him a law and com-
mandment, which was in his power to keep, but
he kept it not ; that man made a total defection
from God, presuming to imagine that the com-
mandments and prohibitions of God were not the
rules of good and evil, but that good and evil had
their own principles and beginnings, and lusted
after the knowledge of those imagined beginnings ;
to the end to depend no more upon God's will re-
vealed, hut upon himself, and his own light, as a
god: than the which there could not be a sin
more opposite to the whole law of God : that yet,
nevertheless, this great sin was not originally
moved by the malice of man, but was insinuated
by the suggestion and instigation of the devil, who
was the first defected creature, and fell of malice,
and not by temptation.
That upon the fall of man, death and vanity
entered by the justice of God, and the image of
God in man was defaced ; and heaven and earth,
which were made for roan's use, were subdued to
corruption by his fall ; but then, that instantly,
and without intermission of time, after the word
of God's law became, through the fall of man,
frustrate as to obedience, there succeeded the
greater word of the promise, that the righteous*
ness of God might be wrought by faith.
That as well the law nf God, as the word of
his promise endure the same forever; but that
they have been revealed in several manners, ac-
cord ing to the d ispensation of times. For the law
was first imprinted in that remnant of light of na-
ture, which was left after the fall, being sufficient
to accuse. Then it was more manifestly expressed
in the written law ; and was yet more opened by
the prophets ; and, lastly, expounded in the tree
perfection, by the Son of God, the great Prophet,
and perfect interpreter, as also fulfillerof the law.
That likewise the word of the promise was mani-
fested and revealed, first, by immediate revelation
and inspiration ; after, by figures, which were of
two natures : the one, the rites and ceremonies of
the law ; the other, the continual history of the old
world, and church of the Jews : which, though H
be literally true, yet it is pregnant of a perpetual
allegory and shadow of the work of the redemption
to follow. The same promise or erangile was more
clearly revealed and declared by the prophets, and
then by the Son himself, and lastly by the Holy
Ghost, which illuminateth the church to the end
of the world.
That in the fulness of time, according to the
promise and oath, of a chosen lineage descended
the blessed seed of the woman, Jesus Christ, the
only begotten Son of God and Saviour of the
world; who was conceived by the power and
overshadowing of the Holy Ghost, and took flesh
of the Virgin Mary ; that the Word did not only
take flesh, or was joined to flesh, but was mads
flesh, though without confusion of substance or
nature ; so as the eternal Son of God and the ever
blessed Son of Mary was one person— so one, as
the blessed virgin may be truly and catholicly
called " Deipera," the mother of God. So one as
there is no unity in universal nature, not that of
the soul and body of man, so perfect : for the three
heavenly unities, whereof that is the second, ex-
ceed all natural unities : that is to say, the unity
of the three persons in Godhead ; the unity of God
and man in Christ ; and the unity of Christ and
the church. The Holy Ghost being the worker
of both these latter unities; for by the Holy Ghost
was Christ incarnate and quickened in flesh;
and by the Holy Ghost is man regenerate and
quickened in spirit.
That Jesus, the Lord, became in the flesh a
sacrificer and a sacrifice for sin ; a satisfaction and
price to the justice of God ; a raeriter of glory and
the kingdom ; a pattern of all righteousness ; a
preacher of the word which himself was; a
finisher of the ceremonies ; a corner-stone to re-
A CONFESSION OF FAITH.
409
more the separation between Jew and Gentile ; !
an intercessor for the church ; a lord of nature in |
his miracles ; a conqueror of death and the power
of darkness in his resurrection; and that he ful-
filled the whole counsel of God, performing all
his sacred offices and anointing1 on earth, accom-
plished the whole work of the redemption and
restitution of man to a state superior to the angels ;
whereas the state of man by creation was inferior ;
and reconciled and established all things according
to the eternal will of the Father.
That in time, Jesus the Lord was born in the
days of Herod, and suffered under the government
of Pontius Pilate, being deputy of the Romans,
and under the high priesthood of Caiaphas, and
was betrayed by Judas, one of the twelve apostles,
and was crucified at Hiernsalem, and after a true
and natural death, and his body laid in the sepul-
chre, the third day he raised himself from the
bonds of death, and arose and showed himself to
many chosen witnesses, by the space of divers
days, and at the end of those days, in the sight of
many, ascended into heaven ; where he continueth
his intercession ; and shall from thence, at the
day appointed, come in greatest glory to judge the
world.
That the sufferings and merits of Christ, as
they are sufficient to do away the sins of the
whole world, so they are only effectual to those
which are regenerated by the Holy Ghost ; who
breatheth where he will of free grace; which
grace, as a seed incorruptible, quickeneth the
spirit of man, and conceiveth him anew a son of
God and a member of Christ: so that, Christ
having man's flesh, and man having Christ's
spirit, there is an open passage and mutual impu-
tation ; whereby Bin and wrath was conveyed to
Christ from man, and merit and life is conveyed
to man from Christ: which seed of the Holy
Ghost first figureth in as the image of Christ
slain or crucified, through a lively faith ; and then
reneweth in as the image of God in holiness and
charity ; though both imperfectly, and in degrees
far differing even in God's elect, as well in regard
of the fire of the Spirit, as of the illumination
thereof; which is more or less in a large propor-
tion: as, namely, in the church before Christ;
which yet, nevertheless, was partaker of one and
the same salvation with us, and of one and the
same means of salvation with as.
That the work of the Spirit, though it be not
tied to any means in heaven or earth, yet, it is
ordinarily dispensed by the preaching of the
word ; the administration of the sacraments ; the
covenants of the fathers upon the children, prayer,
reading; the censures of the church ; the society
of the godly ; the cross and afflictions ; God's
benefits; his judgments upon others; miracles;
the contemplation of his creatures: all which,
though some be more principal, God useth as the
means of vocation and conversion of his elect;
Vol. If 5-3
not derogating from his power to call immedi-
ately by his grace, and at all hours and moments
of the day, that is, of man's life, according to his
good pleasure.
That the word of God, whereby his will is
revealed, continued in revelation and tradition
until Moses; and that the Scriptures were from
Moses's time to the time of the apostles and
evangelists ; in whose age, after the coming of
the Holy Ghost, the teacher of all truth, the book
of the Scriptures was shut and closed, so as not
to receive any new addition; and that the church
hath no powtr over the Scriptures to teach or
command any thing contrary to the written word,
but is as the ark, wherein the tables of the first
testament were kept and preserved: that is to
say, the church hath only the custody and deli-
very over of the Scriptures committed unto the
same ; together with the interpretation of them,
but such only as is conceived from themselves.
That there is a universal or catholic church
of God, dispersed over the face of the earth, which
is Christ's spouse, and Christ's body; being
gathered of the fathers of the old world, of the
church of the Jews, of tho spirits of the faithful
dissolved, and the spirits of the faithful militant,
and of the names yet to be born, which are
already written in the book of life. That there
is also a visible church, distinguished by the out-
ward works of God's covenant, and the receiving
of the holy doctrine, with the use of the mysteries
of God, and the invocation, and sanctification of
his holy name. That there is also a holy sac-
cession in the prophets of the New Testament and
fa there of the church, from the time of the
apostles and disciples which saw our Saviour in
the flesh, unto the consummation of the work of
the ministry ; which persons are called from God
by gift, or inward anointing; and the vocation
of God followed by an outward calling and ordina-
tion of the church.
I believe, that the souls of such as die in the
Lord are blessed, and rest from their labours, and
enjoy the sight of God, yet so, as they are in
expectation of a farther revelation of their glory
in the last day. At which time all flesh of man
shall arise and be changed, and shall appear and
receive from Jesus Christ his eternal judgment:
and the glory of the saints shall then be full : and
the kingdom shall be given up to God the Father :
from which time all things shall continue forever
in that being and state, which then they shall
receive. So, as there are three times, if times
they may be called, or parts of eternity: The
first, the time before beginnings, when the God-
head was only, without the being of any creature :
the second, the time of the mystery, which con-
tinueth from the creation to the dissolution of the
world : and the third, the time of the revelation
of the sons of God ; which time is the last, and is.
everlasting, without change.
2M
410
CHRISTIAN PARADOXES.
THE CHARACTERS OF A BELIEVING
CHRISTIAN,
In paradoxes and seeming contradictions,
1. A Christian is one that believes things his
reason cannot comprehend ; he hopes for things
which neither he nor any man alive ever saw : he
labours for that which he knoweth he shall never
obtain ; yet, in the issue, his belief appears not to
be false ; his hope makes him not ashamed ; his
labour is not in vain.
2. He believes three to be one, and one to be
three ; a father not to be elder than his son ; a son
to be equal with his father; and one proceeding
from both to be equal with both; he believing
three persons in one nature, and two natures in
one person.
3. He believes a virgin to be a mother of a
son ; and that very son of her's to be her maker.
He believes him to have been shut up in a narrow
room, whom heaven and earth could not contain.
He believes him to have been born in time, who
was and is from everlasting. He believes him to
have been a weak child, carried in arms, who is
the Almighty ; and him once to have died, who
only hath life and immortality in himself.
4. He believes the God of all grace to have
been angry with one that hath never offended
him ; and that God, that hates sin, to be recon-
ciled to himself, though sinning continually, and
never making, or being able to make him satis-
faction. He belie ves a most just God to have
punished a most just person, and to have justified
himself, though a most ungodly sinner. He
believes himself freely pardoned, and yet a suffi-
cient satisfaction was made for him.
5. He believes himself to be precious in God's
sight, and yet loathes himself in his own. He
dares not justify himself even in those things
wherein he can find no fault with himself, and
yet believes God accepts him in those services
wherein he is able to find many faults.
6. He praises God for his justice, and yet fears
him for his mercy. He is so ashamed as that he
dares not open his mouth before God ; and yet he
comes with boldness to God, and asks him any
thing he needs. He is so humble as to acknow-
ledge himself to deserve nothing but evil ; and
yet believes that God means him all good. He
is one that fears always, yet is as bold as a lion.
He is often sorrowful, yet always rejoicing;
many times complaining, yet always giving of
thanks. He is the most lowly-minded, yet the
greatest aspirer; most contented, yet ever craving.
7. He bears a lofty spirit in a mean condition ;
when he is ablest, he thinks meanest of himself.
He is rich in poverty, and poor in the midst of
riches. He believes all the world to be his, yet
he dares take nothing without special leave from
(jod. He covenants with God for nothing, yet
looks for a great reward. He loseth bis life and
gains by it; and whilst he loseth it, he aaveth it
8. He lives not to himself, yet, of all others,
he is most wise for himself. He denieth himself
often, yet, no man loveth himself so well as be.
He is most reproached, yet most honoured. He
hath most afflictions, and most comforts.
9. The more injury his enemies do him, the
more advantages he gains by them. The more
he forsakes worldly things, the more he enjoys
them.
10. He is the most temperate of all men, yet
fares most deliciously ; he lends and gives most
freely, yet he is the greatest usurer; he is meek
towards all men, yet inexorable by men. He is
the best child, husband, brother, friend ; yet bates
father and mother, brother and sister. He loves
all men as himself, yet hates some men with a
perfect hatred.
11. He desires to have more grace than any
man hath in the world, yet is truly sorrowful
when he seeth any man have less than himself;
he knoweth no man after the flesh, yet gives all
men their due respects ; he knoweth if he please
man he cannot be the servant of Christ; yet, for
Christ's sake he pleaseth all men in all things.
He is a peace-maker, yet is a continual fighter,
and is an irreconcileable enemy.
12. He believes him to be worse than an infidel
that provides not for his family, yet himself lives
and dies without care. He accounts all his supe-
riors, yet stands stiffly upon authority. He is
severe to his children, because he loveth them;
and by being favourable unto his enemy, he
revengeth himself upon him.
13. He believes the angels to be more excellent
creatures than himself, and yet accounts them his
servants. He believes that he receives many good
things by their means, and yet he neither prays
for their assistance, nor offers them thanks, which
he doth not disdain to do to the meanest Chris-
tian.
14. He believes himself to be a king, how
mean soever he be : and how great soever he be,
yet he thinks himself not too good to be a servant
to the poorest saint.
15. He is often in prison, yet always at liberty ;
a freeman, though a servant. He loves not honosr
amongst men, yet highly prizeth a good name.
16. He believes that God hath bidden every
man that doth him good to do so ; he yet, of any
man is the most thankful to them that do aught
for him. He would lay down his life to save the
soul of his enemy, yet, will not adventure upon
one sin to save the life of him who saved his.
17. He swears to his own hindrance, and
changeth not ; yet knoweth that his oath cannot
tie him to sin.
18. He believes Christ to have no need of in?
thing he doth, yet maketh account that he doth
relieve Christ in all his acts of charity. Hs
CHRISTIAN PARADOXES.
411
knoweth he can do nothing of himself, yet labours
to work out his own salvation. He professeth
he can do nothing, jet as truly professeth he can
do all things : he knoweth that flesh and blood
cannot inherit the kingdom of God, yet believeth
he shall go to heaven both body and soul.
19. He trembles at God's word, yet counts it
sweeter to him than honey and the honey-comb,
and dearer than thousands of gold and silver.
30. He believes that God will never damn him,
and yet fears God for being able to cast him into
hell. He knoweth he shall not be saved by nor
for his good works, yet, he doth all the good works
he can.
21. He knoweth God's providence is in all
things, yet, is so diligent in his calling and busi-
ness, as if he were to cut out the thread of his
happiness. He believes before-hand that God
hath purposed what he shall be, and that nothing
can make him to alter his purpose ; yet, prays and
endeavours, as if he would force God to save him
forever.
22. He prays and labours for that which he is
confident God means to give; and the more as-
sured he is, the more earnest he prays for that he
knows he shall never obtain, and yet gives not
over. He prays and labours for that which he
knows he shall be no less happy without; he
prays with all his heart not to be led into tempta-
tion, yet, rejoiceth when he is fallen into it ; lie
believes his prayers are beard, even when they are
denied, and gives thanks for that which he prays
against.
23. He hath within him both flesfc and spirit,
yet, he is not a double-minded man; he is often
led captive by the law of sin, yet, it never gets
dominion over him; he cannot sin, yet can do
nothing without sin. He doth nothing against his
will, yet, maintains he doth what he would not.
He wavers and doubteth, yet obtains.
24. He is often tossed and shaken, yet is as
mount Sion ; he is a serpent and a dove ; a lamb
and a lion ; a reed and a cedar. He is sometimes
so troubled, that he thinks nothing to be true in
religion ; yet, if he did think so, he could not at
all be troubled. He thinks sometimes that God
hath no mercy for him, yet resolves to die in the
pursuit of it. He believes, like Abraham, against
hope, and though he cannot answer God's logic,
yet, with the woman of Canaan, he hopes to prevail
with the rhetoric of importunity.
25. He wrestles, and yet prevails; and though
yielding himself unworthy of the least blessing
he enjoys, yet, Jacob-like, he will not let him go
without a new blessing. He sometimes thinks
himself to have no grace at all, and yet how poor
and afflicted soever he be besides, he would not
change conditions with the most prosperous man
under heaven, that is a manifest worldling.
26. He thinks sometimes that the ordinances
of God do him no good, yet, he would rather part
with his life than be deprived of them.
27. He was born dead ; yet so that it had been
murder for any to have taken his life away. After
he began to live, he was ever dying.
28. And though he hath an eternal life begun
in him, yet he makes account he hath a death to
pass through.
29. He counts self-murder a heinous sin, yet is
ever busied in crucifying the flesh, and in putting
to death his earthly members ; not doubting but
there will come a time of glory, when he shall be
esteemed precious in the sight of the great God of
heaven and earth, appearing with boldness at his
throne, and asking any thing he needs; being
endued with humility, by acknowledging his
great crimes and offences, and that he deserveth
nothing but severe punishment.
30. He believes his soul and body shall be as
full of glory as them that have more; and no
more full than theirs that have less.
31. He lives invisible to those that see him, and
those that know him best do but guess at him ;
yet, those many times judge more truly of him
than he doth of himself.
32. The world will sometimes account him a
saint, when God accounteth him a hypocrite ; and
afterwards, when the world branded him for a
hypocrite, then God owned him for a saint.
33. His death makes not an end of him. His
soul which was put into his body, is not to be per-
fected without his body; yet, his soul is more
happy when it is separated from his body, than
when it was joined unto it : And his body, though
■ torn in pieces, burnt to ashes, ground to powder,
turned to rottenness, shall be no loser.
34. His advocate, his surety shall be his judge;
his mortal part shall become immortal ; and what
was sown in corruption and defilement shall be
raised in incomiption and glory; and a finite crea-
ture shall possess an infinite happiness. Glory
be to God.
AN ADVERTISEMENT
TOUCH1HO TBS
CONTROVERSIES OF THE CHURCH OF ENGLAND.
It is but ignorance, if any man find it strange,
that the state of religion, especially in the days
of peace, should be exercised and troubled with
controversies : for as it is the condition of the
church militant to be ever under trials, so it
! coraeth to pass, that when the fiery trial of per-
secution ceaseth, there succeedeth another trial,
i which, as it were, by contrary blasts of doctrine,
doth sift and winnow men's faith, and proveth
41?
OF CHURCH CONTROVERSIES.
whether they know God aright; even as that
other of afflictions discovereth whether they love
bim better than the world. Accordingly was it
foretold by Christ, saying, "that in the latter
times it should be said, Lo here, lo there is
Christ:" which is to be understood, not as if the
very person of Christ should be assumed and
counterfeited, but his authority and pre-eminence,
which is to be the truth itself, should be challenged
and pretended. Thus have we read and seen to be
fulfilled that which followeth, " Ecce in deserto,
ecce in penetralibus :" while some have sought
the truth in the conventicles and conciliables of
heretics and sectaries ; others in the external face
and representation of the church ; and both sorts
have been seduced. Were it then that the con-
troversies of the Church of England were such,
as they did divide the unity of the spirit, and not
only such as do unswathe her of her bands, the
bands of peace, yet, could it be no occasion for
any pretended Catholic to judge us, or for any
irreligious person to despise us ; or if it be, it
shall but happen to us all as it hath used to do ;
to them to be hardened, and to us to endure the
good pleasure of God. But now that our conten-
tions are such, as we need not so much that general
canon and sentence of Christ pronounced against
heretics ; " Erratis, nescientes Scriptures, et po-
testatem Dei;" you do err, not knowing the
Scripture, and the power of God : as we need the
admonition of St. James: "Let every man be
swift to hear, slow to speak, slow to wrath ;" and
that the wound is no way dangerous, except we
poison it with our remedies : as the former sort
of men have less reason to make themselves music
in our discord, so I have good hope that nothing
shall displease ourselves, which shall be sincerely
and modestly propounded for the appeasing of
these dissensions. For if any shall be offended
at this voice, " Vos estis fratres ;" ye are brethren,
why strive ye 1 he shall give a great presumption
against himself, that he is the party that doth his
brethren wrong.
The controversies themselves I will not enter
into, as judging that the disease requireth rather
rest than any other cure. Thus much we all know
and confess, that they be not of the highest nature,
for they are not touching the high mysteries of
faith, such as detained the churches for many
years after their first peace, what time the heretics
moved curious questions, and made strange ana-
tomies of the natures and person of Christ; and
the Catholic fathers were compelled to follow them
with all subtlety of decisions and determinations
to exclude them from their evasions, and to take
them in their labyrinths; so as it is rightly said,
#" illis temporibus, ingeniosa res fuit, esse Christi-
anuin." In those days it was an ingenious and
subtle thing to be a Christian.
Neither are they concerning the great parts of
the worship of God, of which it is true, that " non i
servatur unitas in credendo, nisi endem adsit ia
col end o." There will be kept no unity in believ-
ing, except it be entertained in worshipping ; such
as were the controversies of the east and west
churches touching images, and such as are many
of those between the church of Rome and as ; u
about the adoration of the sacrament, and the like ;
but we contend about ceremonies and things in-
different; about the external policy and govern-
ment of the church ; in which kind, if we would
but remember that the ancient and true bonds of
unity are " one faith, one baptism," and not one
ceremony, one policy. If we would observe the
league amongst Christians, that is penned by our
Saviour, "he that is not against us is with us;"
if we could but comprehend that saying, "differ-
entiae rituum commendant unitatem doctrine;"
the diversities of ceremonies do set forth the unity
of doctrine ; and that " habet religio que sunt
aeternitatis, habet qnae sunt temporie ;" religion
hath parts which belong to eternity, and parts
which pertain to time ; and if we did but know the
virtue of silence and slowness to speak commended
by St James,our controversies of themselves would
close up and grow together ; but moat especially,
if we would leave the overweening and turbulent
humours of these times, and revive the blessed
proceeding of the apostles and fathers of the pri-
mitive church, which was, in the like and greater
cases, not to enter into assertions and positions,
but to deliver counsels and advices, we should
need no other remedy at all : " si eadem consulis,
frater, quae affirmas, consulentidebetnrreverentia,
cum non debeatur fides affirmant! ;" brother, if that
which you set down as an assertion, you would
deliver by way of advice, there were reverence due
to your counsel, whereas faith is not due to your
affirmation. St. Paul was content to speak thus,
" Ego, non Dominus," I, and not the Lord : " Et
secundum consilium meum ;" according to my
counsel. But now men do too lightly say,
" Non ego, sed Dominus :" not I, but the Lord.
Yea, and bind it with a heavy denunciation of his
judgments, to terrify the simple, which have not
sufficiently understood out of Solomon, that " the
causeless curse shall not come."
Therefore, seeing the accidents are they which
breed the peril, and not the things themselves in
their own nature, it is meet the remedies be ap-
plied unto them, by opening what it is on either
part, that keepeth the wound green, and formal-
izeth both sides to a farther opposition, and work*
eth an indisposition in men's minds to be reunited ;
wherein no accusation is pretended ; but I find ia
reason, that peace is best built upon a repetition
of wrongs : and in example, that the speeches
which have been made by the wisest men, "da
concordia ordinum," have not abstained from re-
ducing to memory the extremities used on both
parts : so as it is true which is said, " Qui pacem,
tractat non repetitis conditionibus dissidii, is
OP CHURCH CONTROVERSIES.
413
magi* amnios bominum dulcedine pacis fallit,
quam equitate componit."
And first of all, it is more than time that there
were an end and surcease made of this immodest
and deformed manner of writing lately entertained,
whereby matter of religion is handled in the style
of the stage. Indeed, bitter and earnest writing
must not hastily be condemned ; for men cannot
contend coldly, and without affection, about things
which they hold dear and precious. A politic man
may write from his brain without touch and sense
of his heart ; as in a speculation that appertained
not unto him ; but a feeling Christian will express
in his words a character of zeal or love. The
latter of which, as I could wish rather embraced,
being more proper for these times ; yet is the
former warranted also by great examples.
But to leave all reverent and religious compas-
sion towards evils, or indignation towards faults,
and to turn religion into a comedy or satire ; to
search and rip up wounds with a laughing coun-
tenance ; to intermix Scripture and scurrility,
sometimes in one sentence, is a thing far from the
devout reverence of a Christian, and scant beseem-
ing the honest regard of a sober man. " Non est
major confusio, quam serii et joci." There is no
greater confusion than the confounding of jest and
earnest. The majesty of religion, and the con-
tempt and deformity of things ridiculous, are
things as distant as things may be. Two princi-
pal causes have I ever known of atheism : curious
controversies, and profane scoffing. Now that
these two are joined in one, no doubt that sect
will make no small progression.
And here I do much esteem the wisdom and
religion of that bishop which replied to the first
pamphlet of this kind, who remembered that a
fool was to be answered, but not by becoming
like unto him; and considered the matter which
he handled, and not the person with whom he
dealt.
Job, speaking of the majesty and gravity of a
judge in himself, saith, "If I did smile, they
believed it not:" as if he should have said), if I
diverted, or glanced upon conceit of mirth, yet
men's minds were so possessed with a reverence
of the action in hand, as they could not receive it.
Much more ought not this to be amongst bishops
and divines disputing about holy things. And,
therefore, as much do I mislike the invention of
him who, as it seemeth, pleased himself in it as
in no mean policy, that these men are to be dealt
withal at their own weapons, and pledged in their
own cup. This seemed to him as profound a
device, as when the Cardinal Sansovino coun-
selled Julius the Second to encounter the council
of Pisa with the council of Lateran ; or as lawful
a challenge as Mr. Jewel made to confute the
pretended Catholics by the Fathers : but those
things will not excuse the imitation of evil in
another* It should be contrariwise with us, as
Caesar said, " Nil malo, quam eos similes esse
sui, et me mei." But now, " Dum de bonis con*
tendimus, de malis consentimus ;" while we
differ about good things, we resemble in evil.
Surely, if I were asked of these men, who were
the more to be blamed, I should percase remember
the proverb, that the second blow maketh the
fray, and the saying of an obscure fellow ; " Qui
replicat, multiplicat;" he thatreplieth, multipHeth.
But I would determine the question with this sen-
tence ; " Alter principium malo dedit, alter modum
abstulit ;" by the one means we have a beginning,
and by the other we shall have none end.
And, truly, as I do marvel that some of those
preachers which call for reformation, whom I am
far from wronging so far as to join them with
these scoffers, do not publish some declaration,
whereby they may satisfy the world, that they
dislike their cause should be thus solicited ; so I
hope, assuredly, that my lords of the clergy have
none intelligence with this interlibelling, but do
altogether disallow that their credit should be
thus defended. For, though I observe in one of
them many glosses, whereby the man would insi-
nuate himself into their favours, yet I find it to
be ordinary, that many pressing and fawning per-
sons do mi6conjecture of the humours of men in
authority, and many times, "Veneri immolant
8uem," they seek to gratify them with that which
they most dislike: for I have great reason to
satisfy myself touching the judgment of my lords
the bishops in this matter, by that which was
written by one of them, which I mentioned beforo
with honour. Nevertheless, I note, there is not
an indifferent band carried towards these pam-
phlets as they deserve; for the one sort flieth in
the dark, and the other is uttered openly ; wherein
I might advise that side out of a wise writer, who
hath set it down, that "punitis ingeniis gliscit
auctoritas."
And, indeed, we see it ever falleth out, that the
forbidden writing is always thought to be certain
sparks of a truth that fly up into the faces of those
that seek to choke it, and tread it out; whereas a
book authorized is thought to be but " temporis
voces," the language of the time. But in plain
truth I do find, to mine understanding, these pam-
phlets as meet to be suppressed as the other.
First, because, as the former sort doth deface the
government of the church in the persons of the
bishops and prelates, so the other doth lead into
contempt the exercises of religion in the persons
of sundry preachers ; so as it disgraceth a higher
matter, though in the meaner person.
Next, I find certain indiscreet and dangerous
amplifications, as if the civil government itself of
this state had near lost the force of her sinews,
and were ready to enter into some convulsion, all
things being full of faction and disorder ; which
is as unjustly acknowledged, as untruly affirmed.
I know his meaning is to enforce this irreverent
2m9
414
OF CHURCH CONTROVERSIES.
and violent impugning of the government of
bishops to be a suspected forerunner of a more
general contempt. And I grant there is a sym-
pathy between the estates ; but no such matter in
the civil policy, as deserveth so dishonourable a
taxation.
To conclude this point : As it were to be wished
that these writings had been abortive, and never
seen the sun ; so the next is, since they be come
abroad, that they be censured, by all that have
understanding and conscience, as the intemperate
extravagances of some light persons. Yea, far-
ther, that men beware, except they mean to adven-
ture to deprive themselves of all sense of religion,
and to pave their own hearts, and make them as
the high way, how they may be conversant in
them, and much more how they delight in that
vein ; but rather to turn their laughing into blush-
ing, and to be ashamed, as of a short madness,
that they have in matters of religion taken their
disport and solace. But this, perchance, is of
these faults which will be soonest acknowledged ;
though I perceive, nevertheless, that there want
not some who seek to blanch and excuse it.
But to descend to a sincere view and consider-
ation of the accidents and circumstances of these
controversies, wherein either part deserveth blame
or imputation, I find generally, in causes of church
matters, that men do offend in some or all of these
five points.
The first is, the giving occasion unto the con-
troversies: and also the inconsiderate and un-
grounded taking of occasion.
The next is, the extending and multiplying the
controversies to a mora general opposition or
contradiction than appeareth at the first pro-
pounding of them, when men's judgments are
least partial.
The third is, the passionate and unbrotherly
practices and proceedings of both parts towards
the persons each of others, for their discredit and
suppression.
The fourth is, the courses holden and enter-
tained on either side, for the drawing of their
partisans to a more strait union within themselves,
which ever importeth a farther distraction of the
entire body.
The last is, the undue and inconvenient pro-
pounding, publishing, and debating of the contro-
versies. In which point the most palpable error
hath been already spoken of, as that which,
through the strangeness and freshness of the
abuse first offereth itself to the conceits of all men.
Now, concerning the occasion of the controver-
sies, it cannot be denied, but that the imperfec-
tions in the conversation and government of those
which have chief place in the church, have ever
been principal causes and motives of schisms and
divisions. For, whilst the bishops and governors
of the church continue full of knowledge and
good works ; whilst they feed the flock indeed ;
whilst they deal with the secular states in all
liberty and resolution, according to the majesty
of their calling, and the precious care of sools
imposed upon them, so long the church is M situa-
ted," as it were, "upon a hill ;" no man maketh
question of it, or seeketh to depart from it : but
when these virtues in the fathers and leaders of
the church have lost their light, and that they wax
worldly, lovers of themselves, and pleasers of men,
then men begin to grope for the church, as in the
dark. They are in doubt whether they be the
successors of the apostles, or of the Pharisees.
Yea, howsoever they sit in Moses's chair, yet
they can never speak, " tanquam auctoritatem
habentes," as having authority, because they have
lost their reputation in the consciences of men, by
declining their steps from the way which they
trace out to others ; so as men had need continu-
ally have sounding in their ears this same " Nolite
exire," go not out ; so ready are they to depart
from the church upon every voice ; and therefore
it is truly noted by one that writeth as a natural
man, that the humility of the friars did, for a great
time, maintain and bear out the irreligion of
bishops and prelates.
For this is the double policy of the spiritual
enemy, either by counterfeit holiness of life to
establish and authorize errors ; or by corruption of
manners to discredit and draw in question truth
and things lawful. This concerneth my lords the
bishops, unto whom I am witness to myself, that
I stand affected as I ought. No contradiction
hath supplanted in me the reverence that I owe to
their calling ; neither hath any detraction or ca-
lumny imbased mine opinion of their persons. I
know some of them, whose names are most
pierced with these accusations, to be men of great
virtues ; although the indisposition of the times,
and the want of correspondence many ways, is
enough to frustrate the best endeavours in the
edifying of the church. And for the rest, gene-
rally, I can condemn none. I am no judge of
them that belong to so high a Master ; neither have
I " two witnesses." And I know it is truly said
of fame, that
" Pariter facta, atque infecta canebat."
Their taxations arise not all from one coast ;
they have many and different enemies ready to
invent slander, more ready to amplify it, and most
ready to believe it. And " Magnes mendacii cre-
dulitas ;" credulity is the adamant of lies. But if
any be, against whom the Supreme Bishop hath
not a few things, but many things ; if any have
lost his first love ; if any be neither hot nor cold :
if any have stumbled too fondly at the threshold,
in such sort that he cannot sit well, that entered
ill, it is time they return whence they are fallen,
and confirm the things that remain.
Great is the weight of this fault : " Et eoram
causa abhorrcbant homines a sacrrficio Domini ;"
and for their cause did men abhor the adoration
OF CHURCH CONTROVERSIES.
416
•f God. But howsoever it be, those which have
sought to deface them, and cast contempt upon
them, are not to be excused.
It is the precept of Solomon, that the rulers
bo not reproached; no, not in our thought; but
that we draw our very conceit into a modest
interpretation of their doings. The holy angel
would give no sentence of blasphemy against the
common slanderer, but said, " Increpet te Domi-
nus," the Lord rebuke thee. The Apostle St.
Paul, though against him that did pollute sacred
justice with tyrannous violence ; did justly de-
nounce the judgment of God, saying, " Percutiet
te Dominus," the Lord will strike thee ; yet in
saying *' paries dealbate," he thought he had gone
too far, and retracted it; whereupon a learned
father said, "ipsum quamvis inane nomen, et
umbram sacerdotis expavit."
The ancient councils and synods, as is noted
by the ecclesiastical story, when they deprived
any bishop, never recorded the offence ; but buried
it in perpetual silence. Only Cham purchased
his curse by revealing his father's disgrace ; and
yet a much greater fault is it to ascend from their
person to their calling, and draw that in question.
Many good fathers spake rigorously and severely
of the unworthiness of bishops ; as if presently
it did forfeit, and cease their office. One saith
44 Sacerdotes nominamur, et non sumus," we are
called priests, but priests we are not. Another
saith, " Nisi bonum opus amplectaris, episcopus
esse non potes ;" except thou undertake the good
work, thou canst not be a bishop ; yet they meant
nothing less than to move doubt of their calling
or ordination.
The second occasion of controversies, is the
nature and humour of some men. The church
never wanteth a kind of persons, which love the
salutation of Rabbi, master. Not in ceremony or
compliment, but in an inward authority which they
seek over men's minds, in drawing them to de-
pend upon their opinions, and to seek knowledge
at their lips. These men are the true successors
of Diotrephes, the lover of pre-eminence, and not
lord bishops. Such spirits do light upon another
sort of natures, which do adhere to these men :
44 quorum gloria in obsequio ;" stiff followers, and
such as zeal marvellously for those whom they
have chosen for their masters. This latter sort,
for the most part, are men of young years, and
superficial understanding, carried away with par-
tial respect of persons, or with the enticing ap-
pearance of godly names and pretences : " Pauci
res ipsas sequuntor, plures nomina rerum, plurimi
nomina magistrorum ;" few follow the things
themselves, more the names of things, and most
the names of their masters.
About these general affections are wreathed and
interlaced accidental and private emulations and
discontentments, all which together break forth
into contentions: such as either violate truth,
sobriety, or peace. These generalities apply them-
selves. The universities are the seat or the con-
tinent of this disease, whence it hath been, and
is derived into the rest of the realm. There men
will no longer be " e numero," of the number*
There do others side themselves before they know
their right hand from their left : so it is true which
is said, " transeunt ab ignorantia ad praejudicium,"
they skip from ignorance to a prejudicate opinion,
and never take a sound judgment in their way.
But as it is well noted, "inter juvenile judicium
et senile prajudicium, omnis Veritas corrumpitur :"
through want of years, when men are not indiffer-
ent, but partial, then their judgment is weak and
unripe ; and when it groweth to strength and ripe-
ness, by that time it is forestalled with such a
number of prejudicate opinions, as it is made un-
profitable : so as between these two all truth is
corrupted. In the mean while, the honourable
names of sincerity, reformation, and discipline
are put in the fore-ward : so as contentions and
evil zeals cannot be touched, except these holy
things be thought first to be violated. But how-
soever they shall infer the solicitation for the peace
of the church to proceed from the carnal sense,
yet, I will conclude ever with the Apostle Paul,
" Cum sit inter vos zelus et contentio, nonne car-
nales estis ?" While there is amongst you zeal
and contention, are ye not carnal 1 And howso-
ever they esteem the compounding of controversies
to savour of man's wisdom and human policy, and
think themselves led by the wisdom which is from
above, yet I say, with St. James, " Non est ista
sapientia de sursum descendens, sed terrena, ani-
malis, diabolica: ubi enim zelus et contentio, ibi
inconstantia et omne opus pravum." Of this in-
constancy it is said by a learned father, " Proce-
dere volunt non ad perfectionem, sed ad permuta-
tionem ;" they seek to go forward still, not to per-
fection, but to change.
The third occasion of controversies I observe
to be, an extreme and unlimited detestation of
some former heresy or corruption of the church
already acknowledged and convicted. This was
the cause that produced the heresy of Arius,
grounded especially upon detestation of Gentilism,
lest the Christian should seem, by the assertion
of the equal divinity of our Saviour Christ, to
approach under the acknowledgment of more gods
than one. The detestation of the heresy of Arius
produced that of Sabellius ; who, holding for exe-
crable the dissimilitude which Arius pretended
in the Trinity, fled so far from him, as he fell upon
that other extremity, to deny the distinction, of
persons; and to say, they were but only names
of several offices and dispensations. Yea, most
of the heresies and schisms of the church have
sprung up of this root ; while men have made it
as it were their scale, by which to measure the
bounds of the most perfect religion ; taking it by
the farthest distance from the error last condemned.
416
op church controversies;
Theee be "posthumi hsresium filii;" heresies!
that arise out of the ashes of other heresies that
are extinct and amortised.
This manner of apprehension doth in some
degree possess many in oar times. They think it
the true touchstone to try what is good and evil,
by measuring what is more or less opposite to the
institutions of the Church of Rome, be it cere-
mony, be it policy, or government; yea, be it
other institutions of greater weight, that is ever
most perfect which is removed most degrees
from that church ; and that is ever polluted and
blemished, which participated in any appearance
with it. This is a subtile and dangerous conceit
for men to entertain ; apt to delude themselves,
more apt to delude the people, and most apt of all
to calumniate their adversaries. This surely, but
that a notorious condemnation of that position was
before our eyes, had long since brought us to the
rebaptization of children baptized according to
the pretended Catholic religion: for I see that
which is a matter of much like reason, which is
the reordaining of priests, is a matter already
resolutely maintained. It is very meet that men
beware how they be abused by this opinion ; and
that they know, that it is a consideration of much
greater wisdom and sobriety to be well advised,
whether in general demolition of the institutions
of the Church of Rome, there were not, as men's
actions are imperfect, some good purged with the
bad, rather than to purge the church, as they
pretend, every day anew; which is the way to
make a wound in the bowels, as is already begun.
The fourth and last occasion of these controver-
sies, a matter which did also trouble the church in
former times, is the partial affectation and imita-
tion of foreign churches. For many of our men,
during the time of persecution, and since, having
been conversant in churches abroad, and received
a great impression of the form of government there
ordained, have violently sought to intrude the same
upon our church. But I answer, " Consentiamus
in eo quod convenit, non in eo quod receptum est ;"
let us agree in this, that every church do that which
is convenient for the state of itself, and not in
particular customs. Although their churches had
received the better form, yet, many times it is to
be sought, " non quod optimum, sed e bonis quid
proximum ;" not that which is best, but of good
things which is the best and readiest to be had.
Our church is not now to plant ; it is settled and
established. It may be, in civil states, a republic
is a better policy than a kingdom : yet, God for-
bid that lawful kingdoms should be tied to inno-
vate and make alterations. " Qui mala introducit,
voluntatem Dei oppugnat revelatam in verbo ; qui
nova introducit, voluntatem Dei oppugnat revela-
tam in rebus ;" he that bringeth in evil customs,
resisteth the will of God revealed in his word ;
he that bringeth in new things, resisteth the will
of God revealed in the things themselves. " Con-
suls providentiam Dei, cum verbo" Dei ;" take
counsel of the providence of God, as well as of
his word. Neither yet do I admit that their form,
although it were possible and convenient, is better
than ours, if some abuses were taken away. The
parity and equality of ministers is a thing of
wonderful great confusion, and so is an ordinary
government by synods, which doth necessarily
ensue upon the other.
It is hard in all causes, but especially in reli-
gion, when voices shall be numbered and not
weighed: "Equidera," saith a wise rather, "at
vere quod res est scribam, prorsus decrevi fugere
omnem conventura episcoporam; nullius enim
concilii bonum exitum unqnam vidi; concilia
enim non minuunt mala, sed augent pottos." To
say the truth, I am utterly determined never to
come to any council of bishops : for I never yet
saw good end of any council ; for councils abate
not ill things, but rather increase them. Which
is to be understood not so much of general coun-
cils, as of synods, gathered for the ordinary govern-
ment of the church. As for the deprivation of
bishops, and such like causes, this mischief hath
taught the use of archbishops, patriarchs, and pri-
mates ; as the abuse of them since hath taught
men to mis) ike them.
But it will be said, Look to the fruits of the
churches abroad and ours. To which I say, that
I beseech the Lord to multiply his blessings and
graces upon those churches a hundred fold. But
yet it is not good, that we fall on the numbering
of them ; it may be our peace hath made us more
wanton : it may be also, though I would be loath
to derogate from the honour of those churches,
were it not to remove scandals, that their fruits
are as torches in the dark, which appear greatest
afar off. I know they may have some strict orders
for the repressing of sundry excesses : but when
I consider of the censures of some persons, at
well upon particular men as upon churches, I
think on the saying of a Platonist, who saith,
" Certe vitia irascibilis partis anima? sunt grada
praviora, quam concupiscibilis, tametsi occnl-
tiora ;" a matter that appeared much by the an-
cient contentions of bishops. God grant that we
may contend with other churches, as the vine
with the olive, which of us shall bear the first
fruit ; and not as the brier with the thistle, which
of us is most unprofitable. And thus much touch*'
ing the occasions of these controversies.
Now, briefly to set down the growth and pro-
gression of the controversies ; whereby will be
verified the saying of Solomon, that " the course
of contention is to be stopped at the first; being
else as the waters, which, if they gain a breach, it
will hardly ever be recovered.
It may be remembered, that on that part, which
calls for reformation, was first propounded some
dislike of certain ceremonies supposed to be super-
stitious ; some complaint of dumb ministers who
OF CHURCH CONTROVERSIES.
417
possess rich benefices ; and some invectives against
the idle and monaslical continuance within the
universities, by those who had livings to be resi-
dent upon ; and such like abuses. Thence they
went on to condemn the government of bishops as
a hierarchy remaining to us of the corruptions
of the Roman church, and to except to sundry in-
stitutions in the church, as not sufficiently de-
livered from the pollutions of former times. And,
lastly, they are advanced to define of an only and
perpetual form of policy in the church ; which,
without consideration of possibility, and foresight
of peril, and perturbation of the church and state,
mnst be erected and planted by the magistrate.
Here they stay. Others, not able to keep foot-
ing in so steep ground, descend farther ; That the
same must be entered into and accepted of the
people, at their peril, without the attending of the
establishment of authority. And so in the mean
time they refuse to communicate with us, reput-
ing us to have no church. This has been the pro-
gression of that side : I mean of the generality.
For, I know, some persons being of the nature,
not only to love extremities, but also to fall to
them without degrees, were at the highest strain
at the first.
The other part, which maintaineth the present
government of the church, hath not kept one tenor
neither. First, those ceremonies which were pre-
tended to be corrupt, they maintained to be things
indifferent, and opposed the examples of the good
times of the church to that challenge which was
made unto them, because they were used in the
later superstitious times. Then were they also
content mildly to acknowledge many imperfec-
tions in the church: as tares come up amongst
the corn: which yet, according to the wisdom
taught by our Saviour, were not with strife to be
pulled up, lest it might spoil and supplant the
good corn, but to grow on together till the harvest.
After, they grew to a more absolute defence and
maintenance of all the orders of the church, and
stiffly to hold, that nothing was to be innovated ;
partly because it needed not, partly because it
would make a breach upon the rest. Hence, ex-
asperated through contentions, they are fallen to a
direct condemnation of the contrary part, as of a
sect. Yea, and some indiscreet persons have been
bold in open preaching to use dishonourable and
derogatory speech and censure of the churches
abroad ; and that so far, as some of our men, as I
have heard, ordained in foreign parts, have been
pronounced to be no lawful ministers. Thus we see
the beginnings were modest, but the extremes are
violent; so as there is almost as great a distance
now of either side from itself, as was at the first of
one from the other. And, surely, though my mean-
ing and scope be not, as I said before, to enter into
the controversies themselves, yet I do admonish the
maintainors of the alone discipline, to weigh and
Vol. 11—- 53
consider seriously and attentively, how near they
are unto them, with whom, I know, they will not
join. It is very hard to affirm, that the discipline,
which they say we want, is one of the essential
parts of the worship of God ; and not to affirm
withal, that the people themselves, upon peril of
salvation, without staying for the magistrate, are
to gather themselves into it. I demand, if a civil
state receive the preaching of the word and
baptism, and interdict and exclude the sacrament
of the Lord's Supper, were not men bound upon
danger of their souls to draw themselves to con*
gregations, wherein they might celebrate this
mystery, and not to content themselves with that
part of God's worship which the magistrate had
authorized 1 This I speak, not to draw them into
the mislike of others, but into a more deep con-
sideration of themselves : " Fortasse non redeunt
quia suum progressum non intelligunt."
Again, to my lords the bishops I say, that it is
hard for them to avoid blame, in the opinion of an
indifferent person, in standing so precisely upon
altering nothing ; " leges, novis legibus non re*
creates, acescunt;" laws, not refreshed with new
laws, wax sour. "Qui mala non permutat, in
bonis non perseverat ;" without change of ill, a
man cannot continue the good. To take away
many abuses, supplanteth not good orders, but
established them. " Morosa moris retentio, res
turbulenta est, aeque ac novitas;" a contentious
retaining of custom is a turbulent thing, as well
as innovation. A good husband is ever pruning
in his vineyard or his field ; not unseasonably,
indeed, not unskilfully, but lightly; he findeth
ever somewhat to do. We have heard of no offers
of the bishops of bills in parliament ; which, no
doubt, proceeding from them to whom it properly
belongeth, would have everywhere received ac-
ceptation. Their own constitutions and orders
have reformed them little. Is nothing amiss!
Can any man defend the use of excommunication
as a base process to lackey up and down for duties
and fees ; it being a precursory judgment of the
latter day ?
Is there no mean to train and nurse up minis-
ters, for the yield of the universities will not serve,
though they were never so well governed; to
train them, I say, not to preach, for that every
man confidently adventureth to do, but to preach
soundly, and to handle the Scriptures with wis-
dom and judgment? I know prophesying was
subject to great abuse, and would be more abused
now ; because heat of contentions is increased :
but I say the only reason of the abuse was, be-
cause there was admitted to it a popular auditory ;
and it was not contained within a private confer-
ence of ministers. Other things might be spoken
of. I pray God to inspire the bishops with a fer-
vent love and care of the people ; and that they
may not uo much urge things in controversy, as
418
OF CHURCH CONTROVERSIES.
things out of controversy, which all men confess
to be gracious and good. And thus much for the
second point.
Now, as to the third point, of unbrotherly pro-
ceeding on either part, it is directly contrary to
my purpose to amplify wrongs : it is enough to
note and number them ; which I do also, to move
compassion and remorse on the offending side,
and not to animate challengers and complaints on
the other. And this point, as reason is, doth
chiefly touch that side which can do most: "In-
juria; potentiorum sunt;" injuries come from them
that have the upper hand.
The wrongs of them which are possessed of
the government of the church towards the other,
may hardly be dissembled or excused : they have
charged them as though they denied tribute to
Cesar, and withdrew from the civil magistrate
the obedience which they have ever performed
and taught. They have sorted and coupled them
with the " family of love," whose heresies they
have laboured to destroy and confute. They have
been swift of credit to receive accusations against
them, from those that have quarrelled with them,
but for speaking against sin and vice. Their ac-
cusations and inquisitions have been strict, swear-
ing men to blanks and generalities, not included
within compass of matter certain, which the party
which is to take the oath may comprehend, which is
a thing captious and strainable. Their urging of
subscription to their own articles, is but " lacessere,
at irritare morbos Ecclesie," which otherwise
would spend and exercise themselves. " Non con-
sensu m queritsed dissidium, qui, quod factis prses-
tatur, in verbis exigit :" He seeketh not unity, but
division, which exacteth that in words, which
men are content to yield in action. And it is true,
there are some which, as I am persuaded, will
not easily offend by inconformity, who, notwith-
standing, make some conscience to subscribe ; for
they know this note of inconstancy and defection
from that which they have long held, shall disa-
ble them to do that good which otherwise they
might do: for such is the weakness of many,
that their ministry should be thereby discredited.
As for their easy silencing of them, in such great
scarcity of preachers, it is to punish the people,
and not them. Ought they not, I mean the
bishops, to keep one eye open, to look upon the
good that those men do, not to fix them both upon
the hurt that they suppose cometh by them?
Indeed, such as are intemperate and incorrigible,
God forbid they should be permitted to preach :
but shall every inconsiderate word, sometimes
captiously watched, and for the most part hardly
enforced, be as a forfeiture of their voice and gift
in preaching t As for sundry particular molesta-
tions, I take no pleasure to recite them. If a
minister shall be troubled for saying in baptism,
** do you believe V for, " dost thou believe t" If
another shall be called in question for praying
for her majesty, without the additions of her style ;
whereas the very form of prayer in the book of
Common-Prayer hath, " Thy servant Elisabeth,"
and no more : If a third shall be accused, upon these
words uttered touching the controversies, " tollatar
lex, et fiat certamen," whereby was meant, that
the prejudice of the law removed, either reasons
should be equally compared, of calling the people
to sedition and mutiny, as if he had said, away
with the law, and try it out with force : If these
and other like particulars be true, which I have
but by rumour, and cannot affirm; it is to be
lamented that they should labour amongst us with
so little comfort. I know restrained governments
are better than remiss ; and I am of his mind that
said, Better is it to live where nothing is lawful,
than where all things are lawful. I dislike that
laws should not be continued, or disturbers be
unpunished : but laws are likened to the grape,
that being too much pressed yields a hard and
unwholesome wine. Of these things I must say ;
" Ira viri non operatur justitiam Dei;" the wrath
of men worketh not the righteousness of God.
As for the injuries of the other part, they be
" ictus inerraes ;" as it were headless arrows ;
they be fiery and eager invectives, and, in some
fond men, uncivil and irreverent behaviour to-
wards their superiors. This last invention also,
which exposeth them to derision and obloquy by
libel 8, chargeth not, as I am persuaded, the whole
side : neither doth that other, which is yet more
odious, practised by the worst sort of them;
which is, to call in, as it were to their aids, certain
mercenary bands, which impugn bishops, and
other ecclesiastical dignities, to have the spoil of
their endowments and livings : of these I cannot
speak too hardly. It is an intelligence between
incendiaries and robbers, the one to fire the house,
the other to rifle it.
The fourth point wholly pertaineth to them
which impugn the present ecclesiastical govern-
ment ; who, although they have not cut themselves
off from the body and communion of the church,
yet do they affect certain cognisances and differ-
ences, wherein they seek to correspond amongst
themselves, and to be separate from others. And it
is truly said, " tarn sunt mores quidam schismatici,
quam dogmata schismatica ;" there be as wall
schismatical fashions as opinions. First, they have
impropriated unto themselves the names of zealous,
sincere, and reformed ; as if all others were cold
minglers of holy things and profane, and friends of
abuses. Yea, be a man endued with great virtues,
and fruitful in good works ; yet, if he concur not
with them, they term him, in derogation, a civil and
moral man, and compare him to Socrates, or some
heathen philosopher : whereas the wisdom of the
Scriptures teacheth us otherwise; namely, to
judge and denominate men religious according to
their works of the second table ; because they of
the first are often counterfeit, and praotised is
OP CHURCH CONTROVERSIES.
'419
hypocrisy. So St John saith, that " a man doth
vainly boast of loving God, whom he never saw,
if he lore not his brother whom he hath seen."
And St James saith, "This is true religion, to
visit the fatherless and the widow.'* So as that
which is with them bat philosophical and moral,
is, in the apostle's phrase, "true religion and
Christianity." As in affection they challenge
the said virtues of zeal and the rest; so io know-
ledge they attribute unto themselves light and
perfection. They say, the Church of England in
King Edward's time, and in the beginning of her
majesty's reign, was but in the cradle ; and the
-bishops in those times did somewhat grope for
daybreak, but that maturity and fulness of light
proceedeth from themselves. So Sabinius, bishop
of Heraclea, a Macedonian heretic, said, that the
fathers in the council of Nice were but infants
and ignorant men: that the church was not so
perfect in their decrees as to refuse that farther
ripeness of knowledge which time had revealed.
And as they censure virtuous men by the names
of civil and moral, so do they censure men truly
and godly wise, who see into the vanity of their
affections, by the name of politics ; saying, that
their wisdom is but carnal and savouring of man's
brain. So, likewise, if a preacher preach with care
and meditation, I speak not of the vain scholasti-
eal manner of preaching, but soundly indeed,
ordering the matter he handleth distinctly for
memory, deducting and drawing it down for
direction, and authorizing it with strong proofs
and warrants, they censure it as a form of speak-
ing not becoming the simplicity of the gospel, and
refer it to the reprehension of St. Paul, speaking
of the " enticing speech of man's wisdom."
Now for their own manner of preaching, what
is it t Surely they exhort well, and work com-
punction of mind, and bring men well to the
question, "Viri, fratres, quid faciemus?" But
that is not enough, except they resolve the ques-
tion. They handle matters of controversy weakly
and " obiter," and as before a people that will
accept of any thing. In doctrine of manners
there is little but generality and repetition. The
word, the bread of life, they toss up and down,
they break it not: they draw not their directions
down " ad casus conscientis ;" that a man may
be warranted in his particular actions, whether
they be lawful or not; neither indeed are many
of them able to do it, what through want of
grounded knowledge, what through want of study
and time. It is a compendious and easy thing to
call for the observation of the Sabbath-day, or to
speak against unlawful gain ; but what actions
and works may be done upon the Sabbath, and
what not; and what courses of gain are lawful,
and in what oases : to set this down, and to clear
the whole matter with good distinctions and de-
cisions, is a matter of great knowledge and labour,
and asketh much meditation and conversing in
the Scriptures, and other helps which God hath
provided and preserved for instruction.
Again, they carry not an equal hand in teaching
the people their lawful liberty, as well as their
restraints and prohibitions : but they think a man
cannot go too far in that that hath a show of a
commandment.
They forget that there are sins on the right
hand, as well as on the left; and that the word is
double-edged, and cutteth on both sides, as well
the profane transgressions as the superstitious
observances. Who doubteth hut that it is as
unlawful to shut where God hath opened, as to
open where God hath shut; to bind where God
hath loosed, as to loose where God hath bound 1
Amongst men it is commonly as ill taken to turn
back favours, as to disobey commandments. In
this kind of zeal, for example, they have pro-
nounced generally, and without difference, all
untruths unlawful ; notwithstanding, that the mid-
wives are directly reported to have been blessed
for their excuse; and Rahab is said by faith to
have concealed the spies; and Solomon's selected
judgment proceeded upon a simulation; and our
Saviour, the more to touch the hearts of the two
disciples with a holy dalliance, made as if he
would have passed Emmaus. Farther, I have
heard some sermons of mortification, which, I
think, with very good meaning, they have preach-
ed out of their own experience and exercise, and
things in private counsels not unmeet; but surely
no sound conceits, much like to Parsons' "Resolu-
tion," or not so good ; apt to breed in men rather
weak opinions and perplexed despairs, than filial
and true repentance which is sought.
Another point of great inconvenience and peril,
is to entitle the people to hear controversies, and
all kinds of doctrine. They say no part of the
counsel of God is to be suppressed, nor the people
defrauded : so as the difference which the apostle
maketh between milk and strong meat is con-
founded : and his precept, that the weak be not
admitted unto questions and controversies, taketh
no place.
But most of all is to be suspected, as a seed of
farther inconvenience, their manner of handling
the Scriptures; for whilst they seek express
Scripture for every thing; and that they have, in
a manner, deprived themselves and the church
of a special help and support, by embasing the
authority of the fathers, they resort to naked ex-
amples, conceited inferences, and forced allusions,
such as do mine into all certainty of religion.
Another extremity is the excessive magnifying
of that which, though it be a principal and most
holy institution, yet hath its limits, as all things
else have. We see wheresoever, in a manner,
they find in the Scriptures the word spoken of,
they expoond it of preaching ; they have made it,
in a manner, of the essence of the sacrament of
the Lord's Supper, to have a sermon precedent;
OF THE PACIFICATION OF THE CHURCH.
they hare, In a tort, annihilated the use of litur-
gies, and forma of divine service, although the
house of God be denominated of the principal,
•' domus orationis," a house of prayer, and not a
honse of preaching. As for the life of the good
monks and hermits in the primitive church, I
know, they wilt condemn a man as half a papist,
if he should maintain them as oilier than profane,
because they heard no sermon*. In the mean
lime, what preaching is, and who may he ssid to
preach, they move no question ; bat, as far as I
tee, every man that presnmeth to speak in chair
is accounted a preacher. But I am assured, that
■ not a few that call hotly for a preaching ministry,
deserve to be the first themselves that should be
expelled. Alt which errors and misproceedings
they do fortify and intrench by an addicted respect
to their own opinions, and an impatience to hear
contradiction or argument ; yea, I know some of
them that would think it a tempting of God, to
hear or read what may be said against them ; as
if there could be a "quod bonnra eat, tenete;"
without an "omnia probate," going before.
This may suffice to offer unto themselves a
thought and consideration, whether in these
things they do well or no] and to correct and
assuage the partiality of their followers. For as
for any men that shall hereby enter into a con-
tempt of their ministry, it ia but his own hard-
ness of heart. I know the work of exhortation
doth chiefly rest upon these men, and they have
zeal and hate of sin: But, again, let them take
heed that it be not true which one of their adver-
saries said, that they have but two small wants,
knowledge, and love. And so I conclude this
The last point, touching the due publishing
and debating of these controversies, needetb no
long speech. This strange abuse of antiques
and pasquils hath been touched before : so, like-
wise, I repeat that which I said, that a character
of love is more proper for debates of this nature,
than that of seal. As for all direct or indirect
glances, or levels at men's persons, they were
ever in these causes disallowed.
Lastly, whatsoever be pretended, the people is
no meet arbitrator, hut rather the quiet, modest,
*nd private assemblies, and conferencea of the
learned. "Qui apud incapacem loquitur, non
disceptat, sed calumniator." The press and
pulpit would be freed and discharged of these
contentions; neither promotion on the one side,
nor glory and heat on the other side, ought to
continue those challenges and cartels at the cross
and other places ; but rather all preachers, espe-
cially such as be of good temper, and have
wisdom with conscience, ought to inculcate and
beat upon a peace, silence, and aurseanee.
Neither let them fear Solon's law, which com-
pelled in factions every particular person to range
himself on the one aids; nor yet the fond
calumny of neutrality; hut let them know that
is true which is said by a wise nan, That ranters
in contentions an neither better or worse than
either side.
These things have I in all sincerity and sim-
plicity set down touching the controversies which
now trouble the Churoh of England; and that
without all art and insinuation, and therefore net
like to be grateful to either part: Notwithstand-
ing, I trust what hath been said shall And a
correspondence in their minds which are not
embarked in partiality, and which lore the whole
better than a part; wherefore I am not oat of
hope that it may do good ; at the least I shall not
repent myself of the n
CERTAIN CONSIDERATIONS
THE BETTER PiOOTCiTION AND EDIFICATIOH
CHURCH OF ENGLAND.
DSD1CATKD TO BIS MOST MCS.Ijr.MT NUUTf.
The nnity of your church, excellent s
a thing no less precious than the union of
your kingdoms ; being both works wherein your
happiness may contend with your worthiness.
Having therefore presumed, not without year
majesty's gTacious acceptation, to say somewhat
on the one, I am the more encouraged not to be
silent in the other: the rather, because it is in
argument that I have travelled in heretofore.*
But Solomon commendeth a word spoken in
season ; and aa our Saviour, speaking of the dis-
cerning of seasons, salth, " When you see a
aloud rising in the west, you say it will be a
shower :" so your majesty's rising to this mo-
narchy in the west parte of the world, doth
promise a sweet and fruitful shower of many
blessings upon this church end commonwealth;
a shower of that influence aa the very first dews
and drops thereof have already laid the storm*
and winds throughout Christendom; reducing
the very face of Europe to a more peaceable and
amiable countenance. But to the purpose.
It is very true, that these ecclesiastical matter*
are things not properly appertaining to my pro-
fession ; which I was not so inconsiderate but to
object to myself: but finding mat it ia marry
times seen that a man that standeth off, sod
somewhat removed from a plot of ground, doth
better survey it and discover It than those which
OF THE PACIFICATION OF THE CHURCH. '
421
are upon it, I thought it not impossible, but that
I, as a looker on, might cast mine eyes upon
some things which the actors themselves, espe-
cially some being interested, some led and
addicted, soma declared and engaged, did not or
would not see. And that knowing in my con-
science, whereto God beareth witness, that the
things which I shall speak spring out of no vein
of popularity, ostentation, desire of novelty,
partiality to either side, disposition to intermed-
dle, or any the like leaven ; I may conceive hope,
that what I want in depth of judgment may be
countervailed in simplicity and sincerity of
affection. But of all things this did most animate
me; that I found in these opinions of mine,
which I have long held and embraced, as may
appear by that which I have many years since
written of them, according to the proportion,
nevertheless, of my weakness, a consent and
conformity with that which your majesty hath
published of your own most Christian, most
wise, and moderate sense, in these causes;
wherein you have well expressed to the world,
that there is infused in your sacred breast, from
God, that high principle and position of govern-
ment, That you ever hold the whole more dear
than any part.
For who seeth not that many are affected, and
give opinion in these matters, as if they had not
so much a desire to purge the evil from the good,
as to countenance and protect the evil by tho good.
Others speak as if their scope were only to set
forth what is good, and not to seek what is pos-
sible, which is to wish, and not to propound.
Others proceed as if they had rather a mind of re-
moving, than of reforming. But howsoever either
side, as men, though excellent men, shall run into
extremities ; yet your majesty, as a most wise,
equal, and Christian moderator, is disposed to
find out the golden mediocrity in the establish-
ment of that which is sound, and in the repara-
tion of that which is corrupt and decayed. To
your princely judgment then I do in all humbleness
submit whatsoever I shall propound, offering the
same but as a mite into the treasury of your wisdom.
For as the astronomers do well observe, that when
three of the superior lights do meet in conjunc-
tion, it bringeth forth some admirable effects : so
there being joined in your majesty the light of
nature, the light of learning, and, above all, the
light of God's Holy Spirit ; it cannot be but your
government must be as a happy constellation over
the states of your kingdoms. Neither is there
wanting to your majesty that fourth light, which,
though it be but a borrowed light, yet is of singu-
lar efficacy and moment added to the rest, which,
is the light of a most wise and well compounded
council ; to whose honourable and grave wisdoms
I do likewise submit whatsoever I shall speak,
hoping that I shall not need to make protestation
of my mind and opinion: That, until your majesty
doth otherwise determine and order, all actual and
full obedience is to be given to ecclesiastical juris*,
diction as it now standeth : and, when your ma-
jesty hath determined and ordered, that every good
subject ought to rest satisfied, and apply his obe-
dience to your majesty's laws, ordinances, and
royal commandments ; nor of the dislike I have of
all immodest bitterness, peremptory presumption,
popular handling, and other courses, tending ra-
ther to rumour and impression in the vulgar sort
than to likelihood of effect joined with observa-
tion of duty.
But before I enter into the points controverted,
I think good to remove, if it may be, two opi-
nions, which directly confront and oppone to re-
formation : the one bringing it to a nullity, and the
other to an impossibility. The first is, that it is
against good policy to innovate any thing in
church matters ; the other, that all reformation
must be after one platform.
For the first of these, it is excellently said
by the prophet, " State super vias antiquas, et
videte, quenam sit via recta et vera, et am-
bulate in ea." For it is true, that with all wise
and moderate persons, custom and usage obtain-
eth that reverence, as it is sufficient matter to
move them to make a stand, and to discover, and
take a view ; but it is no warrant to guide and
conduct them. A just ground, I say, it is of de-
liberation, but not of direction. But, on the other
side, who knoweth not, that time is truly com-
pared to a stream, that cdrrieth down fresh and
pure waters into that salt sea of corruption which
environeth all human actions 1 and, therefore, if
man shall not by his industry, virtue, and policy,
is it were with the oar, row against the stream
and inclination of time, all institutions and ordi-
nances, be they never so pure, will oorrupt and
degenerate. But not to handle this matter com-
monplace like, I would only ask, why the civil
state should be purged and restored by good and
wholesome laws, made every third or fourth year
in parliament assembled : devising remedies as
fast as time breedeth mischief: and, contrariwise,
the ecclesiastical state should still continue upon
the dregs of time, and receive no alteration now
for these five-and-forty years and more t If any
man shall object, that if the like intermission had
been used in civil causes also, the error had not
been great ; surely the wisdom of the kingdom
hath been otherwise in experience for three hun-
dred years1 space at the least. But if it be said
to me that there is a difference between civil causes
and ecclesiastical, they may as well tell me that
churches and chapels need no reparations, though
castles and houses do ; whereas, commonly, to
speak the truth, dilapidations of the inward and
spiritual edifications of the church of God are in
all times as great as the outward and material.
Sure I am that the very word and style of reform-
ation used by our Saviour, " ab initio non furt
8N
483
OF THE PACIFICATION OF THE CHURCH.
sic," was applied to church matters, and those
of the highest nature, concerning the law moral.
Nevertheless, he were both unthankful and
unwise, that would deny but that the Church of
England, during the time of Queen Elizabeth, of
famous memory, did flourish. If I should com-
pare it with foreign churches, I would rather the
comparison should be in the virtues, than as some
make it, in the defects. Rather, I say, as between
the Tine and the olive, which should be most
fruitful ; and not as between the brier and the
thistle, which should be most unprofitable. For
that reverence should be used to the church, which
the good sons of Noah used to their father's na-
kedness ; that is, as it were to go backwards, and
to help the defects thereof, and yet to dissemble
them. And it is to be acknowledged, that scarcely
any church, since the primitive church, yielded
in like number of years and latitude of country, a
greater number of excellent preachers, famous
writers, and grave governors. But for the disci-
pline and orders of the church, as many, and the
chiefest of them, are holy and good ; so yet, if
St. John were to indite an epistle to the Church
of England, as he did to them of Asia, it would
sure have the clause, " habeo adveraus te pauca."
And no more for this point, saving, that as an
appendix thereto it is not amiss to touch that ob-
jection, which is made to the time, and not to the
matter; pretending, that if reformation were ne-
cessary, yet it were not now seasonable at your
majesty's first entrance : yet Hippocrates saith,
" Si quid moves, a principio move ;" and the wis-
dom of all examples do show, that the wisest
princes, as they have ever been the most sparing
in removing or alteration of servants and officers
upon their coming in ; so for removing of abuses
and enormities, and for reforming of laws and the
policy of their states, they have chiefly sought to
ennoble and commend their beginnings therewith ;
knowing that the first impression with people con-
tinueth long, and when men's minds are most in
expectation and suspense, then are they best
wrought and managed. And, therefore, it seemeth
to me that as the spring of nature, I mean the
spring of the year, is the best time for purging and
medicining the natural body, so the spring of
kingdoms is the most proper season for the purg-
ing and rectifying of politic bodies.
There remaineth yet an objection, rather of
suspicion than of reason ; and yet such as I think
maketh a great impression in the minds of very
wise and well-affected persons ; which is, that if
way be given to mutation, though it be in taking
away abuses, yet it may so acquaint men with
sweetness of change, as it will undermine the
stability even of that which is sound and good.
This surely had been a good and true allegation
in the ancient contentions and divisions between
the people and the senate of Rome ; where things
were carried at the appetites of multitudes, which
can never keep within the compass of any mode-
ration : but these things being with us to have am
orderly passage, under a king who hath a royal
power and approved judgment, and knoweth as
well the measure of things as the nature of them;
it is surely a needless fear. For they need not
doubt but your majesty, with the advice of your
council, will discern what things are intermingled
like the tares amongst the wheat, which hare
their roots so enwrapped and entangled, as the
one cannot be pulled up without endangering the
other ; and what are mingled but as the chaff and
the corn, which need but a ran to sift and sever
them. So much, therefore, for the first point, of no
reformation to be admitted at all.
For the second point, that there should be bat
one form of discipline in all churches, and that
imposed by necessity of a commandment and
prescript out of the word of God ; it is a matter
volumes have been compiled of, and therefore
cannot receive a brief redargution. I for my part
do confess, that in revolving the Scriptures I could
never find any such thing: but that God had left
the like liberty to the church government, as he
had done to the civil government; to be varied
according to time, and place, and accidents, which
nevertheless his high and divine providence doth
order and dispose. For all civil governments are
restrained from God unto the general grounds of
justice and manners ; but the policies and forms
of them are left free : so that monarchies and
kingdoms, senates and seignories, popular states,
and communalities, are lawful, and where they
are planted ought to be maintained inviolate.
So, likewise, in church matters, the substance
of doctrine is immutable ; and so are the general
rules of government : but for rites and ceremonies,
and for the particular hierarchies, policies, and
disciplines of churches, they be left at large.
And, therefore, it is good we return unto the ancient
bounds of unity in the church of God ; which
was, one faith, one baptism ; and not one hier-
archy, one discipline; and that we observe the
league of Christians, as it is penned by our Sa-
viour; which is in substance of doctrine this:
" He that is not with us, is against us :" but in
things indifferent, and but of circumstance this;
" He that is not against us, is with us." In these
things, so as the general rules be observed ; that
Christ's flock be fed ; that there be a successioa
in bishops and ministers, whioh are the prophets
of the New Testament; that there be a due and
reverent use of the power of the keys; that those
that preach the gospel, live of the gospel ; that
all things tend to edification ; that all things be
done in order and with decency, and the like:
the rest is left to the holy wisdom and spiritual
discretion of the master builders and inferior
builders in Christ's church ; as it is excellently
alluded by that father that noted, that Christ's
garment was without seam; and yet the church's
OP THE PACIFICATION OF THE CHURCH.
429
garment was of divers colours: and thereupon
setteth down for anile; "in Teste yarietas sit,
scissura non sit"
In which variety, nevertheless, it is a safe and
wise course to follow good examples and prece-
dents; bat then by the rale of imitation and
example to consider not only which are best, bat
which are the likeliest; as, namely, the govern-
ment of the church in the purest times of the
first good emperors that embraced the faith. For
the times of persecution, before temporal princes
received our faith, as they were excellent times
for doctrine and manners, so they be improper
and unlike examples of outward government and
policy. And so much for this point: now to the
particular points of controversies, or rather of
reformation.
CIRCUMSTANCES IN THE GOVERN-
MENT OF BISHOPS. .
First, therefore, for the government of bishops,
I, for my part, not prejudging the precedents of
other reformed churches, do hold it warranted by
the word of God, and by the practice of the ancient
church in the better times, and much more con-
venient for kingdoms, than parity of ministers
and government by synods. But then, farther, it
is to be considered, that the church is not now to
plant or build ; but only to be pruned from cor-
ruption, and to be repaired and restored in some
decays.
For it is worth the noting, that the Scripture
saith, *4 Translate sacerdotio, necesse est ut et
legis fiat translatio." It is not possible, in respect
of the great and near sympathy between the state
civil and the state ecclesiastical, to make so main
an alteration in the church, but it would have a
perilous operation upon the kingdoms ; and, there-
fore, it is fit that controversy be in peace and silence.
But there be two circumstances in the adminis-
tration of ^ishops, wherein, I confess, I could
never be satisfied ; the one, the sole exercise of
their authority ; the other, the deputation of their
authority.
For the first, the bishop giveth orders alone,
excommunicateth alone, judgeth alone. This
seemeth to be a thing almost without example in
good government, and therefore not unlikely to
have crept in in the degenerate and corrupt times.
We see the greatest kings and monarchs have
their councils. There is no temporal court in
England of the higher sort where the authority
doth rest in one person. The king's bench,
common-pleas, and the exchequer, are benches of
a certain number of judges. The Chancellor of
England hath an assistance of twelve masters of
the chancery. The master of the wards hath a
council of the court ; so hath the chancellor of the
duchy. In the Exchequer Chamber, the lord trea-
surer is joined with the chancellor and the barons.
The masters of the requests are ever more than
one. The justices of assize are two. The lord
presidents in the North and in Wales have coun-
cils of divers. The Star Chamber is an assembly
of the king' 8 privy council, aspersed with the
lords spiritual and temporal : so as in courts the
principal person hath ever either colleagues or
assessors.
The like is to be found in other well-governed
commonwealths abroad, where the jurisdiction
is yet more dispersed ; as in the court of parlia-
ment of France, and in other places. No man
will deny but the acts that pass the bishop's
jurisdiction are of as great importance as those
that pass the civil courts : for men's souls are
more precious than their bodies or goods ; and so
are their good names. Bishops have their infirm-
ities, and have no exception from that general
malediction which is pronounced against all men
living, " Vffi soli, nam si occideret, &c." Nay,
we see that the first warrant in spiritual causes is
directed to a number, " Die Ecclesiae ;" which is
not so in temporal matters : and we see that in
general causes of church government, there are
as well assemblies of all the clergy in councils,
as of all the states in parliament. Whence should
this sole exercise of jurisdiction come % Surely,
I do suppose, and, I think, upon good ground,
that " ab initio non fuit ita ;" and that the deans
and chapters were councils about the sees and
chairs of bishops at the first, and were unto them
a presbytery or consistory ; and intermeddled not
only in the disposing of their revenues and en-
dowments, but much more in jurisdiction eccle-
siastical. But it is probable, that the deans and
chapters stuck close to the bishops in matters of
profit and the world, and would not lose their
hold ; but in matters of jurisdiction, which they
accounted but trouble and attendance, they suf-
fered the bishops to encroach and usurp ; and so
the one continueth, and the other is lost. And we
see that the Bishop of Rome, " fas entm et ab
hoste doceri," and no question in that church the
first institutions were excellent, performeth all
ecclesiastical jurisdiction as in consistory.
And whereof consisteth this consistory, but of
the parish priests of Rome, which term them-
selves cardinals, " a cardinibus mundi ;" because
the bishop pretend eth to be universal over the
whole world % And hereof again we see many
shadows yet remaining: as, that the dean and
chapter, " pro forma," chooseth the bishop, which
is the highest point of jurisdiction : and that the
bishop, when he giveth orders, if there be any
ministers casually present, calleth them to join
with him in imposition of hands, and some other
particulars. And, therefore, it seemeth to me a
thing reasonable and religious, and according to
the first institution, that bishops, in the greatest
424
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causes, and those which require a spiritual dis-
cerning, namely, in ordaining, suspending, or
depriving ministers, in excommunication, being
restored to the true and proper use, as shall be
afterwards touched, in sentencing the validity of
marriages and legitimations, in judging causes
criminous, as simony, incest, blasphemy, and the
like, should not proceed sole and unassisted:
which point, as I understand it, is a reformation
that may be planted "sine strepitu," without any
perturbation at all : and is a matter which will
give strength to the bishops, countenance to the
inferior degrees of prelates or ministers, and the
better issue or proceeding to those causes that
shall pass.
And as I wish this strength given to the bishops
by council, so it is not unworthy your majesty's
consideration, whether you shall not think fit to
give strength to the general council of your
clergy, the convocation house, which was then
restrained when the state of the clergy was
thought a suspected part of the kingdom, in
regard of their late homage to the bishop of
Rome ; which state now will give place to none
in their loyalty and devotion to your majesty.
For the second point, which is the deputation
of their authority, 1 see no perfect and sure ground
for that neither, being somewhat different from
the examples and rules of government. The
bishop exerciseth his jurisdiction by his chancel-
lor and commissary official, &c. We see in all
laws in the world, offices of confidence and skill
cannot be put over, nor exercised by deputy, ex-
cept it be especially contained in the original
grant: and in that case it is dutiful. And for ex-
perience, there was never any Chancellor of Eng-
land made a deputy ; there was never any judge
in any court made a deputy. The bishop is a
judge and of a high nature : whence cometh it
that he should depute, considering that all trust
and confidence, as was said, is personal and
inherent ; and cannot, nor ought not to be trans-
posed? Surely, in this, again, "ab initio non
fuit sic:1' but it is probable that bishops when
they gave themselves too much to the glory of the
world, and became grandees in kingdoms, and
great counsellors to princes, then did they dele-
gate their proper jurisdictions, as things of too
inferior a nature for their greatness: and then,
after the similitude and imitation of kings and
counts palatine, they would have their chancellors
and judges.
But that example of kings and potentates giveth
no good defence. For the reasons why kings ad-
minister by their judges, although themselves are
supreme judges, are two: the one, because the
offices of kings are for the most part of inheritance ;
and it is a rule in all laws, that offices of inherit-
ance are rather matters that ground in interest
than in confidence : for as much as they may fall
upon women, upon infants, upon lunatics and
idiots, persons incapable to execute the judicatare
in person ; and therefore such offices by all laws
might ever be exercised and administered by dele-
gation. The second reason is, because of the
amplitude of their jurisdiction ; which is as great
as either their birthright from their ancestors, or
their swordright from God maketh it. And there*
fore if Moses, that was governor over no great
people, and those collected together in a camp,
and not scattered in provinces and cities, himself
of an extraordinary spirit, was nevertheless not
able to suffice and hold out in person to judge the
people, but did, by the advice of Jethro, approved
from God, substitute elders and judges ; how much
more other kings and princes?
There is a third reason, likewise, though not
much to the present purpose; and that is, that
kings, either in respect of the commonwealth, or
of the greatness of their own patrimonies, are
usually parties in suits : and then their judges
stand indifferent between them and the subject:
but in the case of bishops, none of these reasons
hold. For, first, their office is elective, and for
life, and not patrimonial or hereditary ; an office
merely of confidence, science, and qualification.
And for the second reason, it is true, that their
jurisdiction is ample, and spacious ; and that their
time is to be divided between the labours as well
in the word and doctrine, as in government and
jurisdiction : but yet I do not see, supposing the
bishop's courts to be used incorruptly, and with-
out any indirect course held to multiply causes
for gain of fees, but that the bishop might very
well, for causes of moment, supply his judicial
function in his own person. For we see before our
eyes, that one Chancellor of England despatched
the suits in equity of the whole kingdom : which
is not so much by reason of the excellency of that
rare honourable person which now holdeth the
place : but it was ever so, though more or less
burdenous to the suitor, as the chancellor was
more or less able to give despatch. And if hold
be taken of that which was said before, that the
bishop's labour in the word must take op a prin-
cipal part of his time; so I may say again, that
matters of state have ever taken up moat of the
chancellors' time; having been for the most part
persons upon whom the kings of this realm have
most relied for matters of counsel. And there-
fore there is no doubt but the bishop, whose circuit
is less ample, and the causes in nature not so multi-
plying, with the help of references and certificates
to and from fit persons, for the better ripening of
causes in their mean proceedings, and such ordi-
nary helps incident to jurisdiction, may very well
suffice his office. But yet there is another help:
for the causes that come before him, are these :
tithes, legacies, administrations, and other testa-
mentary causes ; causes matrimonial ; accusations
against ministers, tending to their suspension,
deprivation, or degrading; simony, incootineney,
OF THE PACIFICATION OF THE CHURCH.
425
heresy, blasphemy, breach of the Sabbath, and
other like causes of scandal. The first two of
these, in my opinion, differ from the rest; that is,
tithes and testaments: for those be matters of
profit, and in their nature temporal ; though, by a
favour and connivance of the temporal jurisdiction,
they have been allowed and permitted to the courts
ecclesiastical ; the one, to the end the clergy might
sue for that was their snstentation before their
own judges ; and the other, in a kind of piety and
religion, which was thought incident to the per-
formance of dead men's wills. And surely for
these two the bishop, in my opinion, may with
less danger discharge himself upon his ordinary
judges. And I think likewise it will fail out, that
those suits are in the greatest number. But for
the rest, which require a spiritual science and dis-
cretion, in respect of their nature, or of the scandal,
it were reason, in my opinion, there were no au-
dience given but by the bishop himself; he being
also assisted, as was touched before : but it were
necessary also he were attended by his chancellor,
or some others his officers being learned in the
civil laws, for his better instruction in points of
formality, or the courses of the court : which if it
were done, then were there less use of the official's
court, whereof there is now so much complaint :
and causes of the nature aforesaid being only
drawn to the audience of the bishop, it would
repress frivolous and prowling suits, and give a
grave and incorrupt proceeding to such causes as
shall be fit for the court.
There is a third point also, not of jurisdiction,
but of form of proceeding, which may deserve
reformation, the rather, because it is contrary to
the laws and customs of this land and state, which,
though they do not rule those proceedings, yet
may they be advised with for better directions ;
and that is the oath " ex officio :" whereby men
are enforced to accuse themselves, and, that that
is more, are sworn unto blanks, and not unto ac-
cusations and charges declared. By the law of
England, no man is bound to accuse himself. In
the highest cases of treason, torture is used for
discovery, and not for evidence. In capital mat-
ters, no delinquent's answer upon oath is required ;
no, not permitted. In criminal matters not capital,
handled in the Star Chamber, and in causes of
conscience, handled in the chancery, for the most
part grounded upon trust and secrecy, the oath
of the party is required. But how t Where there
is an accusation and an accuser, which we call
bills of complaint, from which the complainant
cannot vary, and out of the compass of the which
the defendant may not be examined, exhibited unto
the court, and by process notified unto the defend-
ant. But to examine a man upon oath, out of the
insinuation of fame, or out of accusations secret
and undeclared, though it have some countenance
from the civil law, yet, it is so opposite " ex dia-
Voi- II.—54
metro" to the sense and course of the common
law, as it may well receive some limitation.
CONCERNING THE LITURGY, CEREMO-
NIES, AND 8UB8CRIPTION.
For the liturgy, great respect and heed would
be taken, lest, by inveighing against the dumb
ministry, due reverence be not withdrawn from
the liturgy. For, though the gift of preaching be
far above that of reading; yet the action of the
liturgy is as high and holy as that of the sermon.
It is said, " Domus mea domus orationis vocabi-
tur :" " the house of prayer," not the house of
preaching : and whereas the apostle saith, " How
shall men call upon him, on whom they have not
believed 1 And how shall they believe unless
they hear ? And how shall they hear, without a
preacher 1" it appeareth that as preaching is the
more original, so prayer is the more final ; as the
difference is between the seed and the fruit : for the
keeping of God's law, is the fruit of the teaching
of the law ; and prayer, or invocation, or divine
service, or liturgy, for these be but varieties of
terms, is the immediate hallowing of the name of
God, and the principal work of the first table, and
of the great commandment of the love of God. It
is true that the preaching of the holy word of God
is the sowing of the seed : it is the lifting up of
the brazen serpent, the ministry of faith, and the
ordinary means of salvation : but yet it is good to
take example, how that the best actions of the
worship of God may be extolled excessively and
superetitiously. As the extolling of the sacra-
ment bred the superstition of the mass ; the ex*
tolling of the liturgy and prayers bred the super-
stition of the monastical orders and oraisons : and
so no doubt preaching likewise may be magnified
and extolled superetitiously, as if all the whole
body of God's worship should be turned into an
ear. So as none, as I suppose, of sound judgment
will derogate from the liturgy, if the form thereof
be in all parts agreeable to the word of God, the
example of the primitive church, and that holy
decency which St. Paul comroendeth. And, there-
fore, first, that there be a set form of prayer, and
that it be not left either to an extemporal form, or
to an arbitrary form. Secondly, that it consist as
well of lauds, hymns, and thanksgivings, as of
petitions, prayers, and supplications. Thirdly,
that the form thereof be quickened with some
shortness and diversities of prayers and hymns,
and with some interchanges of the voices of the
people, as well as of the minister. Fourthly, that
it admit some distinctions of times, and com-
memorations of God's principal benefits, as well
general as particular. Fifthly, that prayers like-
wise be appropriated to several necessities and
occasions of the church. Sixthly, that there be a
3n2
426
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form likewise of words and liturgy in the adminis-
tration of the sacraments, and in the denouncing
of the censures of the church, and other holy
actions and solemnities; these things, I think,
will not be much controverted.
But for the particular exceptions to the liturgy
in form as it now standeth, I think divers of them,
allowing they were just, yet seem they not to be
weighty ; otherwise than that nothing ought to be
counted light in matters of religion and piety ; as
the heathen himself could say, " etiam vultu saepe
laeditur pietas." That the word, priest, should
not be continued, especially with offence, the word,
minister, being already made familiar. This may
be said, that it is a good rule in translation, never
to confound that in one word in the translation
which is precisely distinguished in two words in
the original, for doubt of equivocation and traduc-
ing. And therefore seeing the word ?rpf 0f3v*cpo;
and Itptvs De always distinguished in the original ;
and the one used for a sacrifioer, the other for a
minister ; the word, priest, being made common
to both, whatsoever the derivation be, yet in use
it confoundeth the minister with the sacrificer.
And for an example of this kind, I did ever allow
the discretion and tenderness of the Rhemish trans-
lation in this point ; that finding in the original
the word ayTrdtj and never *p<d$, do ever translate
charity, and never love, because of the indifferency
and equivocation of the word with impure love.
Touching the absolution ; it is not unworthy
consideration, whether it may not be thought im-
proper and unnecessary : for there are but two
sorts of absolution ; both supposing an obligation
precedent; the one upon an excommunication,
which is religious and primitive ; the other upon
confession and penance, which is superstitious, or
at least positive ; and both particular, and neither
general. Therefore, since the one is taken away,
and the other hath its proper case, what doth a
general absolution, wherein there is neither pe-
nance nor excommunication precedent 1 for the
church never looseth, but where the church hath
bound. And surely I may think this at the first was
allowed in a kind of spiritual discretion, because
the church thought the people could not be sud-
denly weaned from their conceit of assoiling, to
which they had been so long accustomed.
For confirmation, to my understanding, the
state of the question is, whether it be not a matter
mistaken and altered by time ; and whether that
be not now made a subsequent to baptism, which
was indeed an inducement to the communion.
For, whereas in the primitive church children were
examined of their faith before they were admitted
to the communion, time may seem to have turned
it to refer as if it had been to receive a confirma-
tion of their baptism.
For private baptism by women, or lay persons,
the best divines do utterly condemn it; and I hear
it not generally defended ; and I have often mar-
velled, that where the boojf in the preface to pub-
lic baptism doth acknowledge that baptism in the
practice of the primitive church was anniversary,
and but at certain times ; which showeth that the
primitive church did not attribute so much to the
ceremony, as they would break an outward and
general order for it ; the book should afterwards
allow of private baptism, as if the ceremony were
of that necessity, as the very institution, which
committed baptism only to the ministers, should
be broken in regard of the supposed necessity.
And, therefore, this point of all others I think was
but a " Concessum propter duritiem cordis."
For the form of celebrating matrimony, the riag
seemeth to many, even of vulgar sense and under-
standing, a ceremony not grave, especially to be
made, as the words make it, the essential part of
the action ; besides, some other of the words are
noted in speech to be not so decent and fit.
For music in churches; that there should be
singing of psalms and spiritual songs, is not
denied : so the question is " de modo ;" wherein
if a man will look attentively into the order and
observation of it, it is easy to discern between the
wisdom of the institution and the excess of the
late times. For, first, there are no songs or verses
sung by the choir, which are not supposed by
continual use to be so familiar with the people,
as they have them without book, whereby the
sound hurteth not the understanding: and those
which cannot read upon the book, are yet par-
takers of the sense, and may follow it with their
mind. So, again, after the reading of the word,
it was thought fit there should be some pause for
holy meditation, before they proceeded to the rest
of the service : which pause was thought fit to be
filled rather with some grave sound, than with a
still silence ; which was the reason of the playing
upon the organs after the Scriptures read: all
which was decent and tending to edification.
But then the curiosity of division and reports, and
other figures of music, have no affinity with the
reasonable service of God, but were added in the
more pompous times.
For the cap and surplice, since they be things
in their nature indifferent, and yet, by some held
superstitious ; and that the question is between
science and conscience, it seemeth to fall within
the compass of the apostle's rule, which is, " that
the stronger do descend and yield to the weaker.w
Only the difference is, that it will be materially
said, that the rule holdeth between private man
and private roan ; but not between the conscience
of a private man, and the order of a church. Bat,
yet, since the question at this time, is of a tolera-
tion, not by connivance, which may encourage
disobedience, but by law, which may gi?e a
liberty ; it is good again to be advised whether it
fall not within the equity of the former rule: the
rather, because the silencing of ministers by this
occasion is, in this scarcity of good preachers, a
OF THE PACIFICATION OF THE CHURCH.
427
punishment thai lighteth upon the people as well
as upon the party. And for the subscription, it
aeemeth to me in the nature of a confession, and
therefore more proper to bind in the unity of faith,
and to be urged rather for articles of doctrine,
than for rites and ceremonies, and points of out-
ward government. For, howsoever politic con-
siderations and reasons of state may require uni-
formity : yet, Christian and divine grounds look
chiefly upon unity.
TOUCHING A PREACHING MINISTRY.
To speak of a learned ministry ; it is true that
the worthiness of the pastors and ministers is of
all other points of religion the most summary ; I
do not say the greatest, but the most effectual to-
wards the rest : but herein, to my understanding,
while men go on in seal to hasten this work, they
are not aware of as great or greater inconvenience,
than that which they seek to remove. For, while
they inveigh against a dumb ministry, they make
too easy and too promiscuous an allowance of
such as they account preachers ; having not
respect enough to their learnings in other arts,
which are handmaids to divinity; not respect
enough to years, except it be in case of extraordi-
nary gift; not respect enough to the gift itself,
which many times is none at all. For God for-
bid, that every man that can take unto himself
boldness to speak an hour together in a church,
upon a text, should be admitted for a preacher,
though he mean ever so well. I know there is a
great latitude in gifts, and a great variety in audi-
tories and congregations ; but yet so as there is
"aliquid infimum," below which you ought not
to descend. For, you must rather leave the ark
to shake as it shall please God, than put unworthy
bands to hold it up. And when we are in God's
temple* we are warned rather to " put our hands
upon our mouth, than to offer the sacrifice of
fools." And surely it may be justly thought,
that amongst many causes of atheism, which are
miserably met in our age ; as schisms and con-
troversies, profane scoffings in holy matters, and
others; it is not the least that divers do adventure
to handle the word of God, which are unfit and
unworthy. And herein I would have no man
mistake me, as if I did extol curious and affected
preaching; which is as much on the other side to
be disliked, and breedeth atheism and scandal as
well as the other : for who would not be offended
at one that cometh into the pulpit, as if he came
upon the stage to play parts or prizes 1 neither, on
the other side, as if I would discourage any who
hath any tolerable gift.
But, upon this point, I ground three considera-
tions : first, whether it were not requisite to renew
that good exercise which was practised in this
church, some years, and afterwards put down by
order indeed from the church, in regard of some
abuse thereof, inconvenient for those times ; and
yet, against the advice and opinion of one of the
greatest and gravest prelates of this land, and was
commonly called prophesying; which was this:
That the ministers within a precinct did meet upon
a week-day in some principal town, where there
was some ancient grave minister that was presi-
dent, and an auditory admitted of gentlemen, or
other persons of leisure. Then every minister
successively, beginning with the youngest, did
handle one and the same part of Scripture, spend-
ing severally some quarter of an hour or better,
and in the whole some two hours : and so the
exercise being begun and concluded with prayer,
and the president giving a text for the next meet-
ing, the assembly was dissolved. And this was,
as I take it, a fortnight's exercise; which, in my
opinion, was the best way to frame and train up
preachers to handle the word of God as it ought
to be handled, that hath been practised. For we
see orators have their declamations, lawyers have
their moots, logicians their sophisms ; and every
practice of science hath an exercise of erudition
and initiation before men come to life ; only
preaching, which is the worthiest, and wherein it
is most danger to do amiss, wanteth an introduc-
tion, and is ventured and rushed upon at the
first. But unto this exercise of the prophecy, I
would wish these two additions: the one, that
after this exercise, which is in seme sort public,
there were immediately a private meeting of the
same ministers, where they might brotherly
admonish the one the other, and especially the
elder sort the younger, of any thing that had
passed in the exercise, in matter or mannen
unsound and uncomely; and, in a word, might
mutually use such advice, instruction, comfort,
or encouragement, as occasion might minister;
for public reprehension were to be debarred. The
other addition that I mean, is, that the same
exercise were used in the universities for young
divines, before they presumed to preach, as well
as in the country for ministers. For they have in
some colleges an exercise called a commonplace;
which can in no degree be so profitable, being but
the speech of one man at one time. And if it be
feared that it may be occasion to whet men's
speeches for controversies, it is easily remedied,
by some strict prohibition, that matters of contro-
versy tending any way to the violating or disqui-
eting the peace of the church, be not handled or
entered into ; which prohibition, in regard there
is ever to be a grave person president or modera-
tor, cannot be frustrated. The second considera-
tion is, whether it were not convenient there
should be a more exact probation and examination
of ministers : namely, that the bishops do not
ordain alone, but by advice; and then that ancient
holy order of the church might be revived ; by the
428
OP THE i-ACIFICATION OP THE CHURCH.
which the bishop did ordain ministers bat at four
set times of the year; which were called "Qua-
tuor tempore;" which are now called Ember-
weeks : it being thought fit to accompany so high
an action with general fasting and prayer, and
sermons, and all holy exercises ; and the names
likewise of those that were to be ordained, were
published some days before their ordination ; to
the end exceptions might be taken, if just cause
were. The third consideration is, that if the case
of the Church of England be, that were a compu-
tation taken of all the parochian churches, allow-
ing the union of such as were too small and
adjacent, and again a computation to be taken of
the persons who were worthy to be pastors ; and,
upon the said account if it rail out that there are
many more churcnes than pastors, then of neces-
sity recourse must be had to one of these reme-
dies; either that pluralities must be allowed,
especially if you can by permutation make the
benefices more compatible ; or that there be
allowed preachers to have a more general charge,
to supply and serve by turn parishes unfurnished :
for that some churches should be provided of pas-
tors able to teach, and others wholly destitute,
seemeth to me to be against the communion of
saints and Christians, and against the practice of
the primitive church.
TOUCHING THE ABUSE OF EXCOM-
MUNICATION.
Excommunication is the greatest judgment
upon earth ; being that which is ratified in heaven ;
and being a precursory or pTelusory judgment of
the great judgment of Christ in the end of the
world. And, therefore, for this to be used irreve-
rently, and to be made an ordinary process, to
lackey up and down for fees, how can it be with-
out derogation to God's honour, and making the
power of the keys contemptible 1 I know very
well the defence thereof, which hath no great
force ; that it issueth forth not for the thing itself,
but for the contumacy. I do not deny, but this
judgment is, as I said before, of the nature of
God's judgments; of the which it is a model.
For as the judgment of God taketh hold of the
least sin of the impenitent, and taketh no hold of
the greatest sin of the convert or penitent; so
excommunication may in case issue upon the
smallest offence, and in case not issue upon the
greatest : but is this contumacy such a contumacy
as excommunication is now used for 1 For the
contumacy must be such as the party, as far as
the eye and wisdom of the church can discern,
standeth in state of reprobation and damnation :
as one that for that time seemeth given over to
final impenitency. Upon this observation I
ground two considerations: the one, that this
censure be restored to the true dignity and us
thereof; which is, that it proceed not but in csnsei
of great weight; and that it be decreed not by
any deputy or substitute of the bishop, but by the
bishop in person ; and not by him alone, but by
the bishop assisted.
The other consideration is, that in lien thereof,
there be given to the ecclesiastical court sons
ordinary process, with such force and coercion as
appertained; that so the dignity of so high a
sentence being retained, and the necessity of
mean process supplied, the church may be indeed
restored to the ancient vigour and splendour. To
this purpose, joined with some other holy and
good purposes, was there a bill drawn in parlia-
ment, in the three-and-twentieth year of the reign
of the queen deceased ; which was the gravest
parliament that I have known; and the bill re-
commended by the gravest counsellor of estate in
parliament; though afterwards it was stayed by
the queen's special commandment, the nature of
those times considered.
TOUCHING NON-RESIDENTS AND
PLURALITIES.
For non-residence, except it be in case of
sary absence, it seemeth an abuse drawn out of
covetousness and sloth : for that men should live
of the flock that they do not feed, or of the altar
at which they do not serve, is a thing that can
hardly receive just defence ; and to exercise the
office of a pastor, in matter of the word and doe-
trine, by deputies, is a thing not warranted, as
hath been touched before. The questions upon
this point do arise upon the cases of exception
and excusation, which shall be thought reasonable
and sufficient, and which not. For the case of
chaplains, let me speak that with your majesty's
pardon, and with reverence towards the other
peers and grave persons, whose chaplains by
statutes are privileged : I should think, that the
attendance which chaplains give to your majesty's
court, and in the houses and families of their
lords, were a juster reason why they should have
no benefice, than why they should be qualified to
have two : for, as it standeth with Christian policy,
that such attendance be in no wise neglected;
because that good, which ensueth thereof to the
church of God, may exceed, or countervail that
which may follow of their labours in any, though
never so large a congregation ; so it were reasona-
ble that their maintenance should honourably and
liberally proceed thence, where their labours be
employed. Neither are there wanting in the
church dignities and preferments not joined with
any exact cure of souls ; by which, and by the
OF THE PACIFICATION OF THE CHURCH.
429
hope of which, such attendants in ordinary, who
ought to be, as for the moat part they are, of the
heat gifts and sort, may be farther encouraged
and rewarded. And aa for extraordinary attend-
ant*, they may very well retain the grace and
countenance of their places and duties at times
incident thereunto, without discontinuance or non-
residence in their pastoral charges. Next, for the
ease of intending studies in the universities, it
will more easily receive an answer ; for studies
do but serve and tend to the practice of those
studies: and, therefore, for that which is most
principal and final to be left undone, for the
attending of that which is subservient and sub-
ministrant, seemeth to be against proportion of
reason. Neither do I see, but that they proceed
right well in all knowledge, which do couple
study with their practice ; and do not first study
altogether, and then practise altogether; and
therefore they may very well study at their bene-
fices. Thirdly, for the case of extraordinary ser-
vice of the church ; as if some pastor be sent to
a general council, or here to a convocation ; and
likewise for the case of necessity, as in the par-
ticular of infirmity of body, and the like, no man
will contradict, but that there may be some sub-
stitution for such a time. But the general case of
necessity is the case of pluralities ; the want of
pastors and insufficiency of livings considered,
" posito," that a man doth faithfully and inces-
santly divide his labours between two cures;
which kind of necessity I come now to speak of
in the handling of pluralities.
For pluralities, in case the number of able mi-
nisters were sufficient, and the value of benefices
were sufficient, then pluralities were in no sort
tolerable. But we must take heed, we desire not
contraries. For to desire that every parish should
be furnished with a sufficient preacher, and to
desire that pluralities be forthwith taken away, is
to desire things contrary ; considering, " de facto,"
there are not sufficient preachers for every parish :
whereunto add, likewise, that there is not suffi-
cient living and maintenance in many parishes to
maintain a preacher; and it maketh the impossi-
bility yet much the greater. The remedies " in
rerum natura," are but three ; union, permutation,
and supply. Union of such benefices as have the
Jiving too small, and the parish not too great, and
are adjacent. Permutation, to make benefices
more compatible, though men be overruled to
some loss in changing a better for a nearer. Sup-
ply, by stipendiary preachers, to he rewarded with
some liberal stipends, to supply, as they may,
such places which are unfurnished of sufficient
pastors : as Queen Elizabeth, amongst other her
gracious acts, did erect certain of them in Lan-
cashire ; towards which pensions, I see no reason
but reading ministers, if they have rich benefices,
should be charged.
TOUCHING THE PROVISION FOR SUFFICIENT
MAINTENANCE IN THE CHURCH.
Touching church maintenance, it is well to be
weighed what is "jure divino," and what "jure
positivo," It is a constitution of the divine law,
from which human laws cannot derogate, that
those which feed the flock should live of the
flock : that those that serve at the altar should
live at the altar ; that those which dispense spi-
ritual things should reap temporal things; of
which it is also an appendix, that the proportion
of this maintenance be not small or necessitous,
but plentiful and liberal. So, then, that all the
places and offices of the church be provided of
such a dotation, that they may be maintained, ac-
cording to their several degrees, is a constitution
permanent and perpetual : but for particularity of
the endowment, whether it should consist of
tithes, or lands, or pensions, or mixed, might make
a question of convenience, but no question of pre-
cise necessity. Again, that the case of the church
" de facto " is such, that there is want in the
church of patrimony, is confessed. For the prin-
cipal places, namely, the bishops* livings, are, in
some particulars, not sufficient ; and therefore en-
forced to be supplied by toleration of Commen-
dams, things of themselves unfit, and ever held
of no good report. And as for the benefices and
pastors' places, it is manifest that very many of
them are very weak and penurious. On the other
side, that there was a time when the church was
rather burdened with superfluity, than with lack,
that is likewise apparent; but it is long since ; so
as the fault was in others, the want redoundeth
unto us. Again, that it were to be wished that
impropriations were returned to the church as the
most proper and natural endowments thereof, is a
thing likewise wherein men's judgments will not
much vary. Nevertheless, that it is an impossi-
bility to proceed now, either to their resumption
or redemption, is as plain on the other side. For
men are stated in them by the highest assurance
of the kingdom, which is, act of parliament ; and
the value of them amounteth much above ten sub-
sidies ; and the restitution must of necessity pass
their hands, in whose hands they are now in pos-
session or interest.
But of these things, which are manifestly true,
to infer and ground some conclusions. First, in
mine own opinion and sense, I must confess, let
me speak it with reverence, that all the parlia-
ments since 27 and 31 of Henry VIII., who gave
away impropriations from the church, seem to me
to stand in a sort obnoxious, and obliged to God
in conscience to do somewhat for the church, to
reduce the patrimony thereof to a competency.
For since they have debarred Christ's wife of a
great part of her dowry, it were reason they made
430
OF THE PACIFICATION OF THE CHURCH.
her a competent jointure. Next, to say, that im-
propriations should be only charged, that carrieth
neither possibility nor reason. Not possibility,
for the reasons touched before : not reason, be-
cause, if it be conceived, that if any other person
be charged, it should he a recharge, or double
charge, inasmuch as he payeth tithes already,
that is a thing mistaken. For it roust be remem-
bered, that as the realm gave tithes to the church,
so the realm since again hath given tithes away
from the church unto the king, as they may give
their eighth sheaf or ninth sheaf. And, therefore,
the first gift being evacuated, it cannot go in de-
feasance or discharge of that perpetual bond,
wherewith men are bound to maintain God's
ministers. And so we see in example, that divers
godly and well-disposed persons, not impropria-
tors, are content to increase their preachers1
livings ; which, though in law it be but a bene-
volence, yet before God it is a conscience. Far-
ther, that impropriation should not be somewhat
more deeply charged than other revenues of like
value, methinks, cannot well be denied, both in
regard of the ancient claim of the church, and the
intention of the first giver : and, again, because
they have passed in valuation between man and
man somewhat at the less rate, in regard of the
•aid pretence or claim of the church in conscience
before God. But of this point, touching church-
maintenance, I do not think fit to enter into farther
particularity, but reserve the same to a fitter time.
Thus have I in all humbleness and sincerity of
heart, to the best of my understanding, given
your majesty's tribute of my cares and cogita-
tions in this holy business, so highly tending to
God's glory, your majesty's honour, and the
peace and welfare of your states : insomuch as I
am persuaded that the Papists themselves should
not need so much the severity of penal laws, if
the sword of the Spirit were better edged, by
strengthening the authority, and suppressing the
abuses in the church.
To conclude, renewing my most humble sub-
mission of all that I have said to your majesty's
most high wisdom, and again, most humbly
craving pardon for any errors committed in this
writing; which the same weakness of judgment
that suffered roe to commit them, would not suffer
me to discover them, I end with ray devout and
fervent prayer to God, that as he hath made your
majesty the corner-stone, in joining your two
kingdoms, so you may be also as a corner-stone
to unite and knit together these differences in the
church of God; to whose heavenly grace and
never-erring direction, I commend your majesty's
sacred person, and all your doings.
THE
TRANSLATION OF CERTAIN PSALMS
INTO ENGLISH VERSE.
BV THE
RIGHT HONOURABLE FRANCIS, LORD VERULAM, VISCOUNT ST. ALBAN.
PRINTED AT LONDON, 1625, IN QUARTO.
TO HIS VERY GOOD FRIEND, MR. GEORGE HERBERT.
The pains* that it pleased yon to take about some of my writings, I cannot forget; which did
put me in mind to dedicate to you this poor exercise of my sickness. Besides, it being my manner
for dedications, to choose those that I hold most fit for the argument, I thought, that in respect of
divinity and poesy met, whereof the one is the matter, the other the style of this little writing, I
could not make better choice : so, with signification of my love and acknowledgment, I ever rest
Your affectionate friend,
Fr. St. Alban.
THE TRANSLATION OF THE 1st PSALM
Who never gave to wicked reed
A yielding and attentive ear ;
Who never sinners9 paths did tread,
Nor sat him down in scorner's chair;
But maketh it his whole delight
On law of God to meditate;
And therein spendeth day and night :
That man is in a happy state.
He shall be like the fruitful tree,
Planted along a running spring,
Which, in due season, constantly
A goodly yield of fruit doth bring :
Whose leaves continue always green,
And are no prey to winter's power :
So shall that man not once be seen
Surprised with an evil hour.
With wicked men it is not so,
Their lot is of another kind :
All as the chaff, which to and fro
Is toss'd at mercy of the wind.
And when he shall in judgment plead,
A casting sentence bide he must :
So shall he not lift up his head
In the assembly of the just.
For why t the Lord hath special eye
To be the godly's stay at call :
And hath given over, righteously,
The wicked man to take his rail.
THE TRANSLATION OF THE Xllth PSALM.
Help, Lord, for godly men have took their flight,
And left the earth to be the wicked's den :
Not one that standeth fast to truth and right,
But fears, or seeks to please, the eyes of men.
When one with other falls in talk apart,
Their meaning go'th not with their words,
in proof,
But fair they flatter with a cloven heart,
By pleasing words, to work their own behoof.
But, God, cut off the lips, that are all set
To trap the harmless soul, that peace hath
vow'd ;
And pierce the tongues, that seek to counterfeit
The confidence of truth, by lying loud :
Yet so they think to reign, and work their will
By subtile speech, which enters everywhere ;
And say : Our tongues are ours, to help us still ;
What need we any higher pow'r to fear!
• Of translating port of the Advancement of Learning Into Latin.
431
432
A TRANSLATION OF CERTAIN PSALMS.
Now, for the bitter sighing of the poor,
The Lord hath said, I will no more forbear
The wicked's kingdom to invade and scour,
And set at large the men restrain*d in fear.
And sure the word of God is pure and fine,
And in the trial never loseth weight ;
Like noble gold, which, since it left the mine,
Hath seven times pass'd through the fiery strait.
And now thou wilt not first thy word forsake,
Nor yet the righteous man that leans thereto ;
But wilt his safe protection undertake,
In spite of all their force and wiles can do.
And time it is, O Lord, thou didst draw nigh ;
The wicked daily do enlarge their bands ;
And that which makes them follow ill a vie,
Rule is betaken to unworthy hands.
THE TRANSLATION OF THE XCth PSALM.
O Lord, thou art our home, to whom we fly,
And so hast always been, from age to age ;
Before the hills did intercept the eye,
Or that the frame was up of earthly stage,
One God thou wert, and art, and still shalt be ;
The line of time, it doth not measure thee.
Both death and life obey thy holy lore,
And visit in their turns, as they are sent ;
A thousand years with thee they are no more
Than yesterday, which, ere it is, is spent:
Or as a watch by night, that course doth keep,
And goes, and comes, unwares to them that
sleep.
Thou carryest man away as with a tide :
Then down swim all his thoughts that mounted
high;
Much like a mocking dream, that will not bide,
But flies before the sight of waking eye ;
Or as the grass, that cannot term obtain,
To see the summer come about again.
At morning, fair it musters on the ground ;
At even it is cut down, and laid along :
And though it spared were, and favour found,
The weather would perform the mower's wrong :
Thus hast thou hang'd our life on brittle pins,
To let us know it will not bear our sins.
Thou buryest not within oblivion's tomb
Our trespasses, but enterest them aright;
Ev'n those that are conceived in darkness9 womb,
To thee appear as done at broad daylight.
As a tale told, which sometime men attend,
And sometimes not, oar life steals to an end.
The life of man is threescore years and ten,
Or, if that he be strong, perhaps fourscore;
Yet all things are but labour to him then,
New sorrows still come on, pleasures no more
Why should there be such turmoil and toca
strife,
To spin in length this feeble line of life?
But who considers duly of thine ire t
Or doth the thoughts thereof wisely embrace!
For thou, O God, art a consuming fire :
Frail man, how can he stand before thy facet
If thy displeasure thou dost not refrain,
A moment brings all back to dost again.
Teach us, O Lord, to number well our days,
Thereby our hearts to wisdom to apply ;
For that which guides man best in all his ways,
Is meditation of mortality.
This bubble light, this vapour of our breath,
Teach us to consecrate to hour of death.
Return unto us, Lord, and balance now,
With days of joy, our days of misery;
Help us right soon ; our knees to thee we bow,
Depending wholly on thy clemency ;
Then shall thy servants, both with heart and
voice,
All the days of their life in thee rejoice.
Begin thy work, O Lord, in this our age,
Show it unto thy servants that now live;
But to our children raise it many a stage,
That all the world to thee may glory give.
Our handy work likewise, as fruitful tree
Let it, 0 Lord, blessed, not blasted be.
THE TRANSLATION OF THE CIVth P8ALM.
Father and King of powers, both high and low,
Whose sounding fame all creatures serve to blow;
My soul shall with the rest strike up thy praise,
And carol of thy works and wondrous ways.
But who can blase thy beauties, Lord, aright!
They turn the brittle beams of mortal sight.
Upon thy head thou wear'st a glorious crown,
All set with virtues polishM with renown :
Thence round about a silver veil doth fall •
Of crystal light, mother of colours all.
The compass heaven, smooth without grain, or
fold,
All set with spangs of glittering stars untold.
And striped with golden beams of power unpeat,
Is raised up for a removing tent.
Vaulted and arched are his chamber beams
Upon the seas, the waters, and the streams:
The clouds as chariots swift do scour the sky ;
The stormy winds upon their wings do fly.
A TRANSLATION OF CERTAIN PSALMS,
4»
lgels spirits are, that wait his will ;
nes of fire his anger they fulfil.
beginning, with a mighty hand,
ide the earth by counterpoise to stand,
to move, but to be fixed still ;
ith no pillars but his sacred will,
•rth, as with a veil, once cover'd was,
atera overflowed all the mass :
M>n his rebuke away they fled,
ten the hills began to show their head ;
lies their hollow bosoms open'd plain,
itreams ran trembling down the vales
again:
tat the earth no more might drowned be,
t the sea his bounds of liberty ;
lough his waves resound, and beat the shore,
is bridled by his holy lore.
did the rivers seek their proper places,
bund their heads, their issues, and their
races;
irings do feed the rivers all the way,
9 the tribute to the sea repay :
ng along through many a pleasant field,
fruitfulness unto the earth they yield :
enow the beasts and cattle feeding by,
i for to slake their thirst do thither hie.
lesert grounds the streams do not forsake,
irough the unknown ways their journey
take:
laes wild, that hide in wilderness,
ther come, their thirst for to refresh,
lady trees along their banks do spring,
ich the birds do build, and sit, and sing;
ng the gentle air with pleasant notes,
ng, or chirping through their warbling
throats.
tgher grounds, where waters cannot rise,
n and dews are water'd from the skies ;
ng the earth put forth the grass for beasts,
arden herbs, served at the greatest feasts ;
read, that is all viands firmament,
ives a firm and solid nourishment ;
rine, man's spirits for to recreate ;
il, his face for to exhilarate.
ippy cedars, tall like stately towers,
flying birds do harbour in their bowers :
ory storks, that are the travellers,
e for to dwell and build within the firs ;
imbing goats hang on steep mountains' side ;
igging coneys in the rocks do bide.
toon, so constant in inconstancy,
rale the monthly seasons orderly ;
in, eye of the world, doth know his race,
rhen to show, and when to hide his face,
nsakest darkness, that it may be night,
aa the savage beasts, that fly the light,
lacious of man's hatred, leave their den,
mge abroad, secured from sight of men.
do the forests ring of lions roaring,
ak their meat of God, their strength restor-
ing:;
.11.
But when the day appears, they back do fly,
And in their dens again do lurking lie.
Then man goes forth to labour in the field,
Whereby his grounds more rich increase may
yield.
0 Lord, thy providence sufficeth all ;
Thy goodness, not restrained, but general
Over thy creatures : the whole earth doth flow
With thy great largess pour'd forth here below.
Nor is it earth alone exalts thy name,
But seas and streams likewise do spread the
same.
The rolling seas unto the lot doth fall
Of beasts innumerable, great and small ;
There do the stately ships plough up the floods,
The greater navies look like walking woods;
The fishes there far voyages do make,
To divers shores their journey they do take.
There hast thou set the great leviathan,
That makes the seas to seeth like boiling pan.
All these do ask of thee their meat to live,
Which in due season thou to them dost give.
Ope thou thy hand, and then they have good
fare;
Shut thou thy hand, and then they troubled are.
All life and spirit from thy breath proceed,
Thy word doth all things generate and feed.
If thou withdraw'8t it, then they cease to be,
And straight return to dust and vanity ;
But when thy breath thou dost send forth again,
Then all things do renew and spring amain ;
So that the earth, but lately desolate,
Doth now return unto the former state.
The glorious majesty of God above
Shall ever reign in mercy and in love :
God shall rejoice all his fair works to see,
For as they come from him, all perfect be.
The earth shall quake, if aught his wrath provoke ;
Let him but touch the mountains, they shall
smoke.
As long as life doth last I hymns will sing,
With cheerful voice, to the eternal King;
As long as I have being, I will praise
The works of God, and all his wondrous ways.
1 know that he my words will not despise,
Thanksgiving is to him a sacrifice.
But as for sinners, they shall be destroyed
From off the earth, their places shall be void.
Let all his works praise him with one accord
O praise the Lord, my soul ; praise ye the Lord !
THE TRANSLATION OF THE CXXVItb
PSALM.
When God returned us graciously
Unto our native land,
We seem'd as in a dream to be,
And in a maxe to stand.
434
A TRANSLATION OF CERTAIN PSALMS.
The heathen likewise they could say :
The God, that these men serve,
Hath done great things for them this day,
Their nation to preserve.
Tis true ; God hath pour'd out his grace
On us abundantly,
For which we yield him psalms and praise,
And thanks with jubilee.
O Lord, turn our captivity,
As wind 8, that blow at south,
Do pour the tides with violence
Back to the rivers' mouth.
Who sows in tears shall reap in joy,
The Lord doth so ordain ;
So that his seed be pure and good,
His harvest shall be gain.
THE TRANSLATION OF THE CXXXVIIth
PSALM.
When, as we sat all sad and desolate,
By Babylon upon the river's side,
Eased from the tasks which in our captive state
We were enforced daily to abide,
Our harps we had brought with us to the
field,
Some solace to our heavy souls to yield.
But soon we found we fail'd of our account,
For when our minds some freedom did obtain,
Straightway* the memory of Sion Mount
Did cause afresh our wounds to bleed again ;
So that with present griefs, and future fears,
Our eyes burst forth into a stream of tears.
As for our harps, since sorrow struck them dumb,
We hang'd them on the willow trees were
near;
Yet did our cruel masters to us come,
Asking of us some Hebrew songs to hear :
Taunting us rather in our misery,
Than much delighting in our melody.
Alas, said we, who can once force a frame
His grieved and oppressed heart to sing
The praises of Jehovah's glorious name,
In banishment, under a foreign king?
In Zion is his seat and dwelling-place,
Thence doth he show the brightness of his
face.
Jerusalem, where God his throne hath set,
Shall any hour absent thee from my mind?
Then let my right-hand quite her skill forget,
Then let my voice and words no passage find ;
Nay, if I do not thee prefer in all
That in the compass of my thoughts cm
fall.
Remember thou, O Lord, the cruel cry
Of Edom's children, which did ring and sound,
Inciting the Chaldean's cruelty,
" Down with it, down with it, even unto the
ground."
In that good day repay it unto them,
When thou shalt visit thy Jerusalem.
And thou, O Babylon, shalt have thy turn
By just revenge, and happy shall be be
That thy proud walls and towers shall waste and
burn,
And as thou didst by us, so do by thee.
Yea, happy he, that takes thy children's
bones,
And dasheth them against the paremeat
stones.
THE TRANSLATION OF THE CXLIXtk
PSALM.
O sing a new song to our God above,
Avoid profane ones, 'tis for holy choir:
Let Israel sing songs of holy love
To him that made them, with their hearts
on fire:
Let Zion's sons lift up their voice and sing
Carols and anthems to their heavenly
Let not your voice alone his praise forth tell,
But move withal, and praise him in the dance i
Cymbals and harps let them be tuned well,
Tis he that doth the poor's estate advance:
Do this not only on the solemn days,
But on your secret beds your spirits raise.
O let the saints bear in their mouth hie praise,
And a two-edged sword drawn in their band,
Therewith for to revenge the former days
Upon all nations that their xeal withstand ;
To bind their kings in chains of iron strong,
And manacle their nobles for their wrong.
Expect the time, for 'tis decreed in heaven,
Such honour shall unto his saints be gives.
AN
ADVERTISEMENT TOUCHING A HOLY WAR.
WRITTEN IN THE YEAR MDCXXII.
BY THE RIGHT BEVEBEND FATHER IN GOD,
LANCELOT ANDREWS,
LORD BISHOP OF WINCHESTER, AND COUNSELLOR OF ESTATE TO HIS MAJESTY.
Mr Lord,
Amongst consolations, it is not the least to represent to a man's self like examples of calamity
in others. For examples give a quicker impression than arguments; and, besides, they certify us,
that which the Scripture also tendereth for satisfaction ; " that no new thing is happened unto us."
This they do the better, by how much the examples are liker in circumstances to our own case ; and
more especially if they fall upon persons that are greater and worthier than ourselves. For as it
SBTOureth of vanity, to match ourselves highly in our own conceit; so, on the other side, it is a
good sound conclusion, that if our betters have sustained the like events, we have the less cause to
be grieved.
In this kind of consolation I have not been wanting to myself, though, as a Christian, I have
tasted, through God's great goodness, of higher remedies. Having, therefore, through the variety
of my reading, set before me many examples, both of ancient and later times, my thoughts, I
confess, have chiefly stayed upon three particulars, as the most eminent and the most resembling.
All three persons that had held chief place of authority in their countries; all three ruined, not by
war, or by any other disaster, but by justice and sentence, as delinquents and criminals; all three
famous writers, insomuch as the remembrance of their calamity is now as to posterity but as a little
picture of night-work, remaining amongst the fair and excellent tables of their acts and works :
and all three, if that were any thing to the matter, fit examples to quench any man's ambition of
rising again; for that they were every one of them restored with great glory, but to their farther
rain and destruction, ending in a violent death. The men were, Demosthenes, Cicero, and Seneca ;
persons that I durst not claim affinity with, except the similitude of our fortunes had contracted it.
When I had cast mine eyes upon these examples, I was carried on farther to observe, how they did
bear their fortunes, and principally, how they did employ their times, being banished, and disabled
for public business : to the end that I might learn by them ; and that they might be as well my
counsellors as my comforters. Whereupon I happened to note, how diversely their fortunes wrought
upon them; especially in that point at which I did most aim, which was the employing of their
times and pens. In Cicero, I saw that during his banishment, which was almost two years, he was
so softened and dejected, as he wrote nothing but a few womanish epistles. And yet, in mine
opinion, he had least reason of the three to be discouraged : for that although it was judged, and
judged by the highest kind of judgment, in form of a statute or law, that he should be banished,
and his whole estate confiscated and seized, and his houses pulled down, and that it should be
highly penal for any man to propound a repeal ; yet his case even then had no great blot of
ignominy ; for it was thought but a tempest of popularity which overthrew him. Demosthenes, con-
trariwise, though his case was foul, being condemned for bribery, and not simple bribery, but bribery
in the nature of treason and disloyalty, yet, nevertheless, took so little knowledge of his fortune, as
daring his banishment he did much busy himself, and intermeddle with matters of state ; and took
upon him to counsel the state, as if he had been still at the helm, by letters ; as appears by some
epistles of his which are extant Seneca indeed, who was condemned for many corruptions and
crimes, and banished into a solitary island, kept a mean ; and though his pen did not freeze, yet he
abstained from intruding into matters of business ; but spent his time in writing books of excellent
argument and use for all ages; though he might have made better choice, sometimes, of his
dedications.
435
436
OF A HOLY WAR.
These examples confirmed me much in a resolution, wherennto I was otherwise inclined, to spend
my time wholly in writing; and to put forth that poor talent, or half talent, or what it is, that God
hath given me, not, as heretofore, to particular exchanges, but to banks, or mounts of perpetuity,
which will not break.. Therefore, having not long since set forth a part of my Instauration ; which
is the work that, in mine own judgment, "si nunquam fall it imago," I do most esteem: I think to
proceed in some new parts thereof; and although I hare received from many parts beyond the seas,
testimonies touching that work, such as beyond which I could not expect at the first in so abstruse
an argument ; yet, nevertheless, I have just cause to doubt, that it flies too high over men's heads: I
have a purpose, therefore, though I break the order of time, to draw it down to the sense, by some pat-
terns of a natural story and inquisition. And, again, for that my book of Advancement of Learning
may be some preparative, or key, for the better opening of the Instauration ; because it exhibits a
mixture of new conceits and old ; whereas the Instauration gives the new unmixed, otherwise than
with some little aspersion of the old for taste's sake ; I have thought good to procure a translation of
that book into the general language, not without great and ample additions, and enrichment thereof
especially in the second book, which handleth the partition of sciences ; in such sort, as I hold it may
serve in lieu of the first part of the Instauration, and acquit my promise in that part. Again, because
1 cannot altogether desert the civil person that I have borne ; which, if I should forget, enough would
remember ; I have also entered into a work touching laws, propounding a character of justice in a
middle term, between the speculative and reverend discourses of philosophers, and the writings of
lawyers, which are tied and obnoxious to their particular laws. And although it be true, that I had a
purpose to make a particular digest, or recompilement of the laws of mine own nation ; yet, because
it is a work of assistance, and that which I cannot master by mine own forces and pen, I have laid it
aside. Now, having in the work of mine Instauration had in contemplation the general good of men
in their very being, and the dowries of nature ; and in my work of laws, the general good of men
likewise in society, and the dowries of government; I thought in duty I owed somewhat unto my
own country, which I ever loved : insomuch as, although my place hath been far above my desert,
yet my thoughts and cares concerning the good thereof were beyond, and over, and above my place:
so now being, as I am, no more able to do my country service, it remained unto me to do it honour;
which I have endeavoured to do it in my work of the Reign of King Henry the Seventh. As for my
Essays, and some other particulars of that nature, I count them but as the recreations of my other
studies, and in that sort purpose to continue them : though I am not ignorant that those kind of writ-
ings would, with less pains and embracement, perhaps, yield more lustre and reputation to my name
than those other which I have in hand. But I account the use that a man should seek of the publish*
ingof his own writings before his death, to be but an untimely anticipation of that which is proper
to follow a man, and not to go along with him.
But, revolving with myself my writings, as well those which I have published, as those which I
had in hand, methought they went all into the city, and none into the temple : where, because I
have found so great consolation, I desire likewise to make some poor oblation. Therefore I have
chosen an argument mixed of religious and civil considerations; and likewise mixed between contem-
plative and active. For who can tell whether there may not be an " exoriere aliquis !" Great mat-
ters, especially if they be religious, have many times small beginnings : and the platform may draw
on the building. This work, because I was ever an enemy to flattering dedications, I have dedicated
to your lordship, in respect of our ancient and private acquaintance ; and because amongst the men of
our times I hold you in special reverence.
Your lordship's loving friend, Fm St. Aleak.
THE PER80N8 THAT SPEAK :
EUSEBIUS, GAMALIEL, ZEBEDjEUS, MART1US, EUPOLIS, POLLIO.
There met at Paris, in the house of Eupolis,*
Eusebius, Zebedsus, Gamaliel, Martius, all per-
sons of eminent quality, but of several dispositions.
Eupolis himself was also present ; and while they
♦ Characters of the persons. Eusebiqs bearelh the cha-
racter of a moderate divine ; Gamaliel of a Protestant zealot ;
Zebednusnf a Roman Catholic xeaiot j Martius of a military
man j Eupolis of a politic ; PoUio of a courtier.
were set in conference, Pollio came in to them
from court, and as soon as he saw them, alter his
witty and pleasant manner, he said,
Pollio. Here be four of you, I think, were able
to make a good world ; for you are as differing as
the four elements, and yet you are friends. As
for Eupolis, because he is temperate, and with-
out passion, he may be the fifth essence.
OF A HOLY WAR.
437
Eupoli8. If we five, Pollio, make the great
world, you alone make the little; because you
profess, and practise both, to refer all things to
yourself. Pollio. And what do they that prac-
tise it, and profess it not 1 Eupolis. They are the
less hardy, and the more dangerous. But come
and sit down with us, for we were speaking of the
affairs of Christendom at this day ; wherein we
would be glad also to have your opinion. Pollio.
My lords, I have journeyed this morning, and it
is now the heat of the day ; therefore your lord-
ships9 discourses had need content my ears very
well, to make them entreat mine eyes to keep
open. But yet if you will give me leave to awake
you, when I think your discourses do but sleep,
I will keep watch the best I can. Eupolis. You
cannot do us a greater favour. Only I fear you
will think all our discourses to be but the better
sort of dreams ; for good wishes, without power
to effect, are not much more. But, sir, when you
came in, Martius had both raised our attentions,
and affected us with some speech he had begun ;
and it falleth out well, to shake off your drowsi-
ness ; foT it seemed to be the trumpet of a war.
And, therefore, Martius, if it please you, to begin
again ; for the speech was such, as deserveth to
be heard twice ; and I assure you, your auditory
is not a little amended by the presence of Pollio.
Martius. When you came in, Pollio, I was
saying freely to these lords, that I had observed
how, by the space now of half a century of years,
there had been, if I may speak it, a kind of mean-
ness in the designs and enterprises of Christen-
dom. Wars with subjects, like an angry suit for
a man's own, that might be better ended by accord.
Some petty acquests of a town, or a spot of terri-
tory ; like a farmer's purchase of a close or nook
of ground, that lay fit for him. And although the
wars had been for a Naples, or a Milan, or a Por-
tugal, or a Bohemia, yet these wars were but as
the wars of heathens, of Athens, or Sparta, or
Rome, for secular interest, or ambition, not worthy
of the warfare of Christians. The church, indeed,
maketh her missions into the extreme parts of the
nations and isles, and it is well: but this is
" Ecce unus gladius hie." The Christian princes
and potentates are they that are wanting to the
propagation of the faith by their arms. Yet our
Lord, that said on earth, to the disciples, " Ite et
predicate," said from heaven to Constantino, " In
hoc signo vince." What Christian soldier is
there that will not be touched with a religious
emulation to see an order of Jesus, or of St.
Francis, or of St Augustine, do such service, for
enlarging the Christian borders ; and an order of
St Jago, or St Michael, or St George, only to
robe, and feast, and perform rites and observances 1
Surely the merchants themselves shall rise in
judgment against the princes and nobles of
Europe : for they have made a great path in the
seas, unto the ends of the world ; and set forth
ships, and forces, of Spanish, English, and Dutch,
enough to make China tremble ; and all this, for
pearl, or stone, or spices : but for the pearl of the
kingdom of heaven, or the stones of the heavenly
Jerusalem, or the spices of the spouse's garden,
not a mast hath been set up : nay, they can make
shift to shed Christian blood so far off amongst
themselves, and not a drop for the cause of Christ
But let me recall myself; I must acknowledge,
that within the space of fifty years, whereof I
spake, there have been three noble and memora-
ble actions upon the infidels, wherein the Chris-
tian hath been the invader : for where it is upon
the defensive, I reckon it a war of nature, and not
of piety. The first was, that famous and fortu-
nate war by sea, that ended in the victory of Le-
panto ; which hath put a hook into the nostrils of
the Ottomans to this day ; which was the work
chiefly of that excellent pope, Pius Quintus, whom
I wonder his successors have not declared a saint
The second was, the noble, though unfortunate,
expedition of Sebastian, King of Portugal, upon
Africa, which was achieved by him alone; so
alone, as left somewhat for others to excuse. The
last was, the brave incursions of Sigismund the
Transylvanian prince, the thread of whose pros-
perity was cut off by the Christians themselves,
contrary to the worthy and paternal monitories of
Pope Clement the Eighth. More than these, I do
not remember. Pollio. No ! What say you to
the extirpation of the Moors of Valentia! At
which sudden question, Martius was a little at a
stop; and Gamaliel prevented him, and said:
Gamaliel. I think Martius did well in omitting
that action, for I, for my part, never approved it ;
and it seems God was not well pleased with that
deed; for you see the king, in whose time it
passed, whom you Catholics count a saintlike
and immaculate prince, was taken away in the
flower of his age; and the author, and great
counsellor of that rigour, whose fortunes seemed
to be built upon the rock, is ruined : and it is
thought by some, that the reckonings of that
business are not yet cleared with Spain; for that
numbers of those supposed Moors, being tried now
by their exile, continue constant in the faith, and
true Christians in all points, save in the thirst of
revenge. Zebedaus. Make not hasty judgment,
Gamaliel, of that great action, which was as
Christ's fan in those countries, except you could
show some such covenant from the crown of Spain,
as Joshua made with the Gibeonites ; that that
cursed seed should continue in the land. And
you see it was done by edict, not tumultuously ;
the sword was not put into the people's hand.
Eupolis. I think Martius did omit it, not as making
any judgment of it either way, but because it
sorted not aptly with action of war, being upon
subjects, and without resistance. But let us, if
you think good, give Martius leave to proceed in
his discourse ; for methought he spake like a divine
3o3
488
OF A HOLY WAR.
in armour. Mabtius. It is true, Eupolis, that
the principal object which I have before mine
eyes, in that whereof I speak, is piety and religion.
But, nevertheless, if I should speak only as a
natural man, I should persuade the same thing.
For there is no such enterprise, at this day, for
secular greatness, and terrene honour, as a war
upon infidels. Neither do I in this propound a
novelty, or imagination, but that which is proved
by late examples of the same kind, though per-
haps of less difficulty. The Castilians, the age
before that wherein we live, opened the new
world ; and subdued and planted Mexico, Peru,
Chili, and other parts of the West Indies. We
see what floods of treasure have flowed into
Europe by that action ; so that the cense or rates
of Christendom are raised since ten times, yea,
twenty times told. Of this treasure, it is true, the
gold was accumulated, and store treasure, for the
most part : but the silver is still growing. Be-
sides, infinite is the access of territory and empire,
by the same enterprise. For there was never a
hand drawn, that did double the rest of the habi-
table world, before this ; for so a man may truly
term it, if he shall put to account, as well that
that is, as that which may be hereafter, by the
farther occupation and colonizing of those coun-
tries. And yet it cannot be affirmed, if one speak
ingenuously, that it was the propagation of the
Christian faith that was the adamant of that dis-
covery, entry, and plantation ; but gold and silver,
and temporal profit and glory ; so that what was
first in God's providence, was but the second in
man's appetite and intention. The like may be
said of the famous navigations and conquests of
Emanuel, King of Portugal, whose arms began to
circle Afric and Asia ; and to acquire, not only
the trade of spices, and stones, and musk, and
drugs, but footing, and places, in those extreme
parts of the east For neither in this was religion
the principal, but amplification and enlargement
of riches and dominion. And the effect of these
two enterprises is now such, that both the East
and the West Indies being met in the crown of
Spain, it is come to pass, that, as one saith in a
brave kind of expression, the sun never sets in
the Spanish dominions, but ever shines upon one
part or other of them : which, to say truly, is a
beam of glory, though I cannot say it is so solid
a body of glory, wherein the crown of Spain
surpasseth all the former monarchies. So as, to
conclude, we may see, that in these actions, upon
gentiles or infidels, only or chiefly, both the
spiritual and temporal honour and good have been
in one pursuit and purchase conjoined. Pollio.
Methinks, with your favour, you should remem-
ber, Martius, that wild and savage people are like
beasts and birds, which are " ferae naturae," the
property of which passeth with the possession,
and goeth to the occupant ; but of civil people, it
is not so. Martius. I know no such difference
amongst reasonable souls : but that whatsoever is
in order to the greatest and most general good of
people, may justify the actions, be the people more
or less civil. But, Eupolis, I shall not easily
grant, that the people of Pern or Mexico were
such brute savages as you intend ; or that there
should be any such difference between them, and
many of the infidels which are now in other parts.
In Peru, though they were unparalleled people,
according to the clime, and had some customs
very barbarous, yet the government of the Iacas
had many parts of humanity and civility. They
had reduced the nations from the adoration of a
multitude of idols and fancies, to the adoration of
the sun. And, as I remember, the book of wis-
dom noteth degrees of idolatry ; making that of
worshipping petty and vile idols more gross than
simply the worshipping of the creature. And
some of the prophets, as I take it, do the like, in
the metaphor of more ugly and bestial fornica-
tion. The Peruvians also, under the Incas, had
magnificent temples of their superstition; they
had strict and regular justice; they bare great
faith and obedience to their kings ; they proceeded
in a kind of martial justice with their enemies,
offering them their law, as better for their own
good, before they draw their sword. And much
like was the state of Mexico, being an elective
monarchy. As for those people of the east, Goa,
Calacute, Malacca, they were a fine and dainty
people ; frugal and yet elegant, though not mili-
tary. So that, if things be rightly weighed, the
empire of the Turks may be truly affirmed to be
more barbarous than any of these. A cruel tyran-
ny, bathed in the blood of their emperors upon
every succession; a heap of vassals and slaves;
no nobles ; no gentlemen ; no freemen ; no inherit-
ance of land; no stirp or ancient families; a
people that is without natural affection ; and, as
the Scripture saith, that " regardeth not the desires
of women :" and without piety, or care towards
their children : a nation without morality, withoot
letters, arts, or sciences ; that can scarce measure
an acre of land, or an hour of the day : base and
sluttish in buildings, diets, and the like ; and, in a
word, a very reproach of human society : and yet
this nation hath made the garden of the world a
wilderness ; for that, as it is truly said concerning
the Turks, where Ottoman's horse sets his foot,
people will come up very thin.
Pollio. Yet, in the midst of your invective,
Martius, do the Turks this right, as to remember
that they are no idolaters : for if, as yon say, there
be a difference between worshipping a base idol,
and tho sun, there is a much greater difference
between worshipping a creature and the Creator.
For the Turks do acknowledge God the Father,
creator of heaven and earth, being the first person
in the Trinity, though they deny the rest. At
which speech, when Martius made some pause,
Zebedsus replied with a countenance of great
OF A HOLY WAR.
439
reprehension and severity. Zebedaus. We must
take heed, Pollio, that we fall not at unawares into
the heresy of Manuel Comnenus, Emperor of
Graecia, who affirmed, that Mahomet's God was
the true God : which opinion was not only rejected
and condemned by the synod, but imputed to the
emperor as extreme madness; being reproached
to him also by the Bishop of Thessalonica, in
those bitter and strange words, as are not to be
named. Martius. I confess that it is my opinion,
that a war upon the Turk is more worthy than
upon any other gentiles, infidels, or savages, that
either have been, or now are, both in point of
religion, and in point of honour ; though facility,
and hope of success, might, perhaps, invite some
other choice. But before I proceed, both myself
would be glad to take some breath ; and I shall
frankly desire, that some of your lordships would
take your turn to speak, that can do it better. But,
chiefly, for that I see here some that are excellent
interpreters of the divine law, though in several
ways; and that I have reason to distrust mine
own judgment, both as weaMn itself, and as that
which may be overborne by my zeal and affection
to this cause. I think it were an error to speak
farther, till I may see some sound foundation laid
of the lawfulness of the action, by them that are
better versed in that argument. Eupolis. I am
glad, Martius, to see in a person of your profes-
sion so great moderation, in that you are not trans-
ported in an action that warms the blood, and is
appearing holy, to blanch or take for admitted the
point of lawfulness. And because, methinks, this
conference prospers, if your lordships will give
me leave, I will make some motion touching the
distribution of it into parts. Unto which when
they all assented, Eupolis said : Eupolis. I think
it would not sort amiss, if Zcbedaeus would be
pleased to handle the question, Whether a war for
the propagation of the Christian faith, without
other cause of hostility, be lawful or no, and in
what cases? I confess also I would be glad to
go a little farther, and to hear it spoken to con-
cerning the lawfulness, not only permissively, but
whether it be not obligatory to Christian princes
and states to design it ; which part, if it please
Gamaliel to undertake, the point of the lawful-
ness taken simply will be complete. Yet, there
resteth the comparative : that is, it being granted,
that it is either lawful or binding, yet, whether
other things be not be preferred before it ; as ex-
tirpation ot heretics, reconcilements of schisms,
pursuits of lawful temporal rights and quarrels,
and the like; and how far this enterprise ought
either to wait upon these other matters, or to be
mingled with them, or to pass by them, and give
law to them, as inferior unto itself 1 And because
this is a great part, and Eusebius hath yet said
nothing, we will by way of mulct or pain, if your
lordships think good, lay it upon him. All this
while, I doubt much that Pollio, who hath a sharp
wit of discovery towards what is solid and real,
and what is specious and airy, will esteem all this
but impossibilities, and eagles in the clouds : and
therefore we shall all entreat him to crush this,
argument with his best forces : that by the light
we shall take from him, we may either cast it
away if it be found but a bladder, or discharge it
of so much as is vain and not sperable. And be-
cause I confess I myself am not of that opinion,
although it be a hard encounter to deal with Pollio,
yet, I shall do my best to prove the enterprise pos-
sible ; and to show how all impediments may be
either removed or overcome. And then it will be
fit for Martius, if we do not desert it before, to
resume his farther discourse, as well for the per-
suasive, as for the consult, touching the means,
preparations, and all that may conduce unto the
enterprise. But this is but my wish, your lord-
ships will put it into better order. They all not
only allowed the distribution, but accepted the
parts : but because the day was spent, they agreed
to defer it till the next morning. Only Pollio
said;
Pollio. You take me right, Eupolis, for I am
of opinion, that, except you could bray Christen-
dom in a mortar, and mould it into a new paste,
there is no possibility of a holy war. And I was
ever of opinion, that the philosopher's stone, and
a holy war, were but the rendezvous of cracked
brains, that wore their feather in their head instead
of their hat. Nevertheless, bel ieve me of courtesy,
that if you five shall be of another mind, espe-
cially after you have heard what I can say, I shall
be ready to certify with Hippocrates, that Athens
is mad, and Democritus is only sober. And, lest
you shall take me for altogether adverse, I will
frankly contribute to the business now at first.
Ye, no doubt, will amongst you devise and dis-
course many solemn matters : but do as I shall
tell you. This pope is decrepit, and the bell
goeth for him. Take order, that when he is dead,
there be chosen a pope of fresh years, between
fifty and threescore; and see that he take the
name of Urban, because a pope of that name did
first institute the croisado, and, as with a holy
trumpet, did stir up the voyage for the Holy
Land. Eupolis. You say well ; but be, I pray
you, a little more serious in this conference.
The next day the same persons met as they had
appointed ; and after they were set, and that there
had passed some spoiling speeches from Pollio,
how the war was already begun ; for that, he said,
he had dreamt of nothing but Janizaries, and
Tartars, and sultans all the night long : Martius
said. Martius. The distribution of this confe-
rence, which was made by Eupolis yesternight,
and was by us approved, seemeth to me perfect,
save in one point ; and that is, not in the number,
but in the placing of the parts. For it is so dis-
posed, that Pollio and Eupolis shall debate the
possibility or impossibility of the action, before I
440
OF A HOLY WAR.
shall deduce the particulars of the means and
manner by which it is to be achieved. Now I have
often observed in deliberations, that the entering
near hand into the manner of performance, and
execution of that which is under deliberation,
hath quite overturned the opinion formerly con-
ceived, of the possibility or impossibility. So that
things that, at the first show, seemed possible, by
ripping up the performance of them, have been
convicted of impossibility; and things that on the
other side have showed impossible, by the decla-
ration of the means to effect them, as by a back
light, have appeared possible, the way through
them being discerned. This I speak not to alter
the order, but only to desire Pollio and Eupolis
not to speak peremptorily, or conclusively, touch-
ing the point of possibility, till they have heard
me deduce the means of the execution : and that
done, to reserve themselves at liberty for a reply,
after they had before them, as it were, a model of
the enterprise. This grave and solid advertise-
ment and caution of Martius was much com-
mended by them all. Whereupon Eupolis said :
Eupolis. Since Martius hath begun to refine that
which was yesternight resolved : I may the better
have leave, especially in the mending of a propo-
sition, which was mine own, to remember an
omission which is more than a misplacing. For
I doubt we ought to have added or inserted into
the point of lawfulness, the question, how far a
holy war is to be pursued, whether to displanting
and extermination of people 1 And, again, whether
to enforce a new belief, and to vindicate or punish
infidelity; or only to subject the countries and
people ; and so by the temporal sword to open a
door for the spiritual sword to enter, by persua-
sion, instruction, and such means as are proper
for souls and consciences 1 But it may be, neither
is this necessary to be made a part by itself; for
that Zebedaeus, in his wisdom, will fall into it as
an incident to the point of lawfulness, which can-
not be handled without limitations and distinc-
tions. Zebedaus. You encourage me, Eupolis,
in that I perceive how, in your judgment, which
I do so much esteem, I ought to take that course,
which of myself I was purposed to do. For as
Martius noted well, that it is but a loose thing to
speak of possibilities, without the particular de-
signs ; so is it to speak of lawfulness without the
particular cases. I will therefore first of all dis-
tinguish the cases; though you shall give me
leave, in the handling of them, not to sever them
with too much preciseness; for both it would
cause needless length; and we are not now in
arts or methods, but in a conference. It is, there-
fore first to be put to question in general, as
Eupolis propounded it, whether it be lawful for
Christian princes or states to make an invasive
war, only and simply for the propagation of the
faith, without other cause of hostility, or circum-
stance that may provoke and induce the wart
Secondly, whether, it being made part of the
case, that the countries were once Christian, and
members of the church, and where the golden can-
dlesticks did stand, though now they be utterly
alienated, and no Christians left; it be not lawful
to make a war to restore them to the church, as
j an ancient patrimony of Christ ? Thirdly, if it be
made a farther part of the case, that there are yet
remaining in the countries multitudes of Chris-
trans, whether it be not lawful to make a war to
free them, and deliver them from the servitude of
the infidels 1 Fourthly, whether it be not lawful
to make a war for the purging and recovery of
consecrated places, being now polluted and pro-
faned : as the holy city and sepulchre, and such
other places of principal adoration and devotion 1
Fifthly, whether it be not lawful to make a war
for the revenge or vindication of blasphemies and
reproaches against the Deity and our blessed Sa-
viour ; or for the effusion of Christian blood, and
cruelties against Christians, though ancient and
long since past ; considering that God's visits are
without limitation 9f time; and many times do
but expect the fulness of the sin ? Sixthly, it is
to be considered, as Eupolis now last well remem-
bered, whether a holy war, which, as in the wor-
thiness of the quarrel, so in the justness of the
prosecution, ought to exceed all temporal wars,
may be pursued, either to the expulsion of people,
or the enforcement of consciences, or the like
extremes ; or how to be moderated and limited ;
lest whilst we remember we are Christians, we
forget that others are men 1 But there is a point
that precedeth all these points recited ; nay, and
in a manner dischargeth them, in the particular of
a war against the Turk: which point, I think,
would not have come into my thought, but that
Martius giving us yesterday a representation of
the empire of the Turks, with no small vigour of
words, which you, Pollio, called an invective, bat
indeed a true charge, did put me in mind of it:
and the more I think upon it, the more I settle in
opinion, that a war to suppress that empire,
though we set aside the cause of religion, were a
just war. After Zebedseus had said this, he made
a pause, to see whether any of the rest would say
any thing : but when he perceived nothing but
silence, and signs of attention to that he would
farther say, he proceeded thus :
Zebedjeus. Your lordships will not look for a
treatise from me, but a speech of consultation ;
and in that brevity and manner will I speak.
First, I shall agree, that as the cause of a war
ought to be just, so the justice of that cause ought
to be evident ; not obscure, not scrupulous. For*
by the consent of all laws, in capital causes, the
evidence must be full and clear : and if so where
one man's life is in question, what say we to a
war, which is ever the sentence of death upon
many? We must beware therefore how we
make a Moloch, or a heathen idol, of our blessed
OF A HOLY WAR,
441
SaYiour, in sacrificing the blood of men to him by
an unjust war. The justice of every action con-
sisted in the merits of the cause, the warrant of
the jurisdiction} and the form of the prosecution.
As for the inward intention, I leave it to the court
of heaven. Of these things severally, as they
may have relation to the present subject of a war
against infidels; and, namely, against the most
potent and most dangerous enemy of the faith, the
Turk ; I hold, and I doubt not but I shall make
it plain, as far as a sum or brief can make a cause
plain, that a war against the Turk is lawful, both
by the laws of nature and nations, and by the law
divine, which is the perfection of the other two.
As for the laws positive and civil of the Romans,
or others whatsoever, they are too small engines
to move the weight of this question. And, there-
fore, in my judgment, many of the late schoolmen,
though excellent men, take not the right way in
disputing this question ; except they had the gift
of Naviua, that they could, "cotem novacuia
scindere," hew stones with penknives. First,
for the law of nature. The philosopher Aristotle
is no ill interpreter thereof. He hath set many
men on work with a witty speech of "natura
dominus," and "natura servus;" affirming ex-
pressly and positively, that from the very nativity
some tilings are born to rule, and some things to
obey: which oracle hath been taken in divers
senses. Some have taken it for a speech of
ostentation, to entitle the Grecians to an empire
over the barbarians; which indeed was better
maintained by his scholar Alexander. Some have
taken it for a speculative platform, that reason
and nature would that the best should govern;
but not in any wise to create a right. But, for my
part, I take it neither for a brag, nor for a wish ;
but for a truth as he limiteth it. For he saith,
that if there can be found such an inequality
between man and man, as there is between
man and beast, or between soul and body, it
investeth a right of government : which seemeth
rather an impossible case than an untrue sen-
tence. But I hold both the judgment true, and
the case possible ; and such as hath had, and hath
a being, both in particular men and nations. But
eve we go farther, let us confine ambiguities and
mistakings, that they trouble us not. First, to
say that the more capable, or the better deserver,
hath such right to govern, as he may compulsorily
bring under the less worthy, is idle. Men will
never agree upon it, who is the more worthy.
For it is not only in order of nature, for him to
govern that is the more intelligent, as Aristotle
would have it ; but there is no less required for
government, courage to protect; and, above all,
honesty and probity of will to abstain from injury.
So fitness to govern is a perplexed business.
Some men, some nations, excel in the one ability,
tome in the other. Therefore the position which
1 intend, is not in the comparative, that the wiser,
Vol. II. — 56
or the stouter, or the juster nation should govern ;
but in the privative, that where there is a heap
of people, though we term it a kingdom or state,
that is altogether unable or indign to govern;
there it is a just cause of war for another nation,
that is civil or policed, to subdue them : and this,
though it were to be done by a Cyrus or a Cesar,
that were no Christian. The second mistaking to
be banished is, that I understand not this of a per-
sonal tyranny, as was the state of Rome under a
Caligula, or a Nero, or a Commodus : shall the
nation suffer for that wherein they suffer 1 But
when the constitution of the state, and the funda-
mental customs and laws of the same, if laws they
may be called, are against the laws of nature and
nations, then, I say, a war upon them is lawful. I
shall divide the question into three parts. First,
whether there be, or may be any nation or society
of men, against whom it is lawful to make a war,
without a precedent injury or provocation! Se-
condly, what are those breaches of the law of na-
ture and nations, which do forfeit and divest all
right and title in a nation to govern 1 And, thirdly,
whether those breaches of the law of nature and
nations be found in any nation at this day ? and,
namely, in the empire of the Ottomans 1 For the
first, I hold it clear that such nations, or states, or
society of people, there may be and are. There
cannot be a better ground laid to declare this, than
to look into the original donation of government.
Observe it well, especially the inducement, or
preface. Saith God : " Let us make man after our
own image, and let him have dominion over the
fishes of the sea, and the fowls of the air, and the
beasts of the land, &c." Hereupon De Victoria,
and with him some others, infer excellently, and
extract a most true and divine aphorism, " Non
fundatur dominiumnisi in imagine Dei." Here
we have the charter of foundation : it is now the
more easy to judge of the forfeiture or reseizure.
Deface the image, and you divest the right. But
what is this image, and how is it defaced 1 The
poor men of Lyons, and some fanatical spirits,
will tell you, that the image of God is purity ; and
the defacement, sin. But this subverteth all go-
vernment : neither did Adam's sin, or the curse
upon it, deprive him of his rule, but left the
creatures to a rebellion or reluctation. And , there-
fore, if you note it attentively, when this charter
wa6 renewed unto Noah and his sons, it is not by
the words, You shall have dominion ; but " Your
fear shall be upon all the beasts of the land,
and the birds of the air, and all that moveth :"
not regranting the sovereignty, which stood
firm ; but protecting it against the reluctation.
The sound interpreters therefore expounded this
image of God, of natural reason ; which if it be
totally or mostly defaced, the right of government
doth cease; and if you mark all the interpreters
well, still they doubt of the case, and not of the
law. But this is properly to be spoken to in
442
OF A HOLY WAR.
handling the second point, when we shall define
of the defacements. To go on: The Prophet (
Hosea, in the person of God, saith of the Jews ;
" The'y have reigned, but not by me ; they have ;
set a seigniory over themselves, but I knew no- .
thing of it." Which place proveth plainly, that
there are governments which God doth not avow. ;
For though they be ordained by his secret provi- J
dence, yet, they are not acknowledged by his re-
vealed will. Neither can this be meant of evil
governors or tyrants : for they are often avowed
and established, as lawful potentates ; but of some
perverseness and defection in the very nation it-
self; which appeareth most manifestly in that the
prophet speaketh of the seigniory " in abstracto,"
and not of the person of the Lord. And although
some heretics of those we speak of have abused
this text, yet the sun is not soiled in passage.
And, again, if any man infer upon the words of
the prophet following, which declare this rejec-
tion, and, to use the words of the text, rescission
of their estate to have been for their idolatry, that
by this reason the governments of all idolatrous
nations should be also dissolved, which is mani-
festly untrue, in my judgment it followeth not.
For the idolatry of the Jews then, and the idolatry
of the heathen then and now, are sins of a far
differing nature, in regard of the special covenant,
and the clear manifestations wherein God did con-
tract and exhibit himself to that nation. This
nullity of policy, and right of estate in some
nations, is yet more significantly expressed by
Moses in his canticle; in the person of God to
the Jews : " Ye have incensed me with gods that
are no gods, and I will incense you with a people
that are no people :" Such as were, no doubt, the
people of Canaan, after seisin was given of the land
of promise to the Israelites. For from that time
their right to the land was dissolved, though they
remained in many places unconquered. By this
we may see, that there are nations in name, that
are no nations in right, but multitudes only, and
swarms of people. For like as there are particu-
lar persons outlawed and proscribed by civil laws
of several countries ; so are there nations that are
outlawed and proscribed by the law of nature and
nations, or by the immediate commandment of
God. And as there are kings "de facto," and
not "de jure," in respect of the nullity of their
title ; so are there nations that are occupants " de
facto," and not "de jure,*' of their territories, in
respect of the nullity of their policy or govern-
ment. But let us take in some examples into the
midst of our proofs; for they will prove as much
as put after, and illustrate more. It was never
doubted, but a war upon pirates may be lawfully
made by any nation, though not infested or violated
by them. Is it because they have not "certas
sedes," or " lares 1" In the piratical war which
was achieved by Pompey the Great, and was his
truest and greatest glory, the pirates had some
cities, sundry ports, and a great part of the pro-
vince of Cilicia ; and the pirates now being, have
a receptacle and mansion in Algiers. Beasts are
not the less savage because they have dens. Is
it because the danger hovers as a cloud, that a
man cannot tell where it will fall ; and so it is
every man's case 1 The reason is good, but it it
not all, nor that which is most alleged. For the
true received reason is, that pirates are " commu-
nes humani generis hostes;" whom all nations
are to prosecute, not so much in the right of their
own fears, as upon the band of human society.
For as there are formal and written leagues, re-
spective to certain enemies ; so is there a natural
and tacit confederation amongst all men, against
the common enemy of human society. So as there
needs no intimation, or denunciation of the war;
there needs no request from the nation grieved :
but all these formalities the law of nature supplies
in the case of pirates. The same ia>the ease of
rovers by land ; such as yet are some cantons in
Arabia, and some petty kings of the mountains,
adjacent to straits and ways. Neither is it law-
ful only for the neighbour princes to destroy such
pirates or rovers ; but if there were any nation
never so far off, that would make it an enterprise
of merit and true glory, as the Romans that made
a war for the liberty of Graecia from a distant and
remote part, no doubt they might do it. I make
the same judgment of that kingdom of the assas-
sins now destroyed, which was situated upon the
borders of Saraca ; and was for a time a great ter-
ror to all the princes of the Levant. Their custom
was, that upon the commandment of their king,
and a blind obedience to be given thereunto, any
of them was to undertake, in the nature of a votary,
the insidious murder of any prince, or person,
upon whom the commandment went. This custom,
without all question, made their whole govern-
ment void, as an engine built against human
socitty, worthy by all men to be fired and pulled
down. I say the like of the Anabaptists of Mun-
ster; and this, although they had not been rebels
to the empire ; and put case likewise that they had
done no mischief at all actually, yet if there shall
be a congregation and consent of people, that
shall hold all things to be lawful, not according to
any certain laws or rules, but according to the
secret and variable motions and instincts of the
spirit; this is indeed no nation, no people, no
seignory, that God doth know ; any nation that is
civil and policed, may, if they will not be reduced,
cut them off from the face of the earth. Now let
me put a feigned case, and yet antiquity makes it
doubtful whether it were fiction or history, of a
land of Amazons, where the whole government,
public and private, yea, the militia itself, was in
the hands of women. I demand, is not such a
preposterous government, against the first order
of nature, for women to rule overmen, in itself
void, and to be suppressed 1 I speak not of the
OF A HOLY WAR.
443
reign of women, for that is supplied by counsel,
and subordinate magistrates masculine, but where
the regiment of state justice, families, is all ma-
naged by women. And yet this last case differ-
eth from the other before, because in the rest there
is terror of danger, but in this there is only error of
nature. Neither should I make any great diffi-
culty to affirm the same of the sultanry of the
Mamelukes ; where slaves, and none but slaves,
bought for money, and of unknown descent,
reigned over families of freemen. And much like
were the case if you suppose * nation, where the
custom were, that after full age the sons should
expulse their fathers and mothers out of their pos-
sessions, and put them to their pensions : for these
cases, of women to govern men, sons the fathers,
slaves freemen, are much in the same degree ; all
being total violations and perversions of the laws
of nature and nations. For the West Indies, I
perceive, Martius, you have read Garcilazzo de
Viega, who himself was descended of the race of
the Incas, a Mestizo, and is willing to make the
best of the virtues and manners of his country :
and yet in troth he doth it soberly and credibly
enough. Yet yon shall hardly edify me, that
those nations might not by the law of nature have
been subdued by any nation that had only policy
and moral virtue ; though the propagation of the
faith, whereof we shall speak in the proper place,
were set by, and not made part of the case. Surely
their nakedness, being with them, in most parts
of that country, without all veil or covering, was
a great defacement ; for in the acknowledgment
of naked ness was the first sense of sin ; and the
heresy of the Adamites was ever accounted an
affront of nature. But upon these I stand not :
nor yet upon their idiocy, in thinking that horses
did eat their bits, and letters speak, and the like;
nor yet upon their sorceries, which are, almost,
common to all idolatrous nations. But, I say,
their sacrificing, and more especially their eating
of men, is such an abomination, as, raethinks, a
man's face should be a little confused, to deny
that this custom, joined with the rest, did not
make it lawful for the Spaniards to invade their
territory, forfeited by the law of nature ; and either
to reduce them or displant them. But far be it
from me, yet, nevertheless, to justify the cruelties
which were at first used towards them : which
had their reward soon after, there being not one
of the principal of the first conquerors, but died a
violent death himself; and was well followed by
the deaths of many more. Of examples enough :
except we should add the labours of Hercules ; an
example, which though it be flourished with much
fabulous matter, yet so much it hath, that it doth
notably set forth the consent of all nations and
ages, in the approbation of the extirpating and de-
foliating of giants, monsters, and foreign tyrants,
not only as lawful, but as meritorious even of
divine honours ; and this although the deliverer
came from the one end of the world unto the
other. Let us now set down some arguments to
prove the same; regarding rather M'eight than
number, as in such a conference as this is fit.
The first argument shall be this. It is a great
error, and a narrowness or straitness of mind, if
any man think that nations have nothing to do
one with another, except there be either a union
in sovereignty, or a conjunction in pacts or leagues.
There are other bands of society, and implicit con-
federations. That of colonies, or transmigrants,
towards their mother nation. " Gentes unius labii"
is somewhat ; for as the confusion of tongues was
a mark of separation, so the being of one language
is a mark of union. To have the same fundamental
laws and customs in chief, is yet more, as it was
between the Grecians in respect of the barbarians.
To be of one sect or worship ; if it be a false wor-
ship, 1 speak not of it, for that is but " fratres in
malo." But above ail these, there is the supreme
and indissoluble consanguinity and society be-
tween men in general ; of which the heathen poet,
whom the apostle calls to witness, saith, " we are
all his generation." But much more we Chris-
tians, unto whom it is revealed in particularity,
that all men came from one lump of earth ; and
that two singular persons were the parents from
whom all the generations of the world are de-
scended : we, I say, ought to acknowledge, that no
nations are wholly aliens and strangers the one
to the other ; and not to be less charitable than
the person introduced by the comic poet, " Homo
sum, huraani nihil a me alienum puto." Now if
there be such a tacit league or confederation, sure
it is not idle ; it is against somewhat or somebody,
who should they be ? Is it against wild beasts ;
or the elements of fire and water? No, it is
against such routs and shoals of people, as have
utterly degenerated from the laws of nature ; as
have in their very body and frame of estate a mon-
strosity ; and may be truly accounted, according to
the examples we have formerly recited, common
enemies and grievances of mankind ; or disgraces
and reproaches to human nature. Such people, all
nations are interested, and ought to be resenting,
to suppress ; considering that the particular states
themselves, being the delinquents, can give no
redress. And this, I say, is not to be measured
so much by the principles of jurists, as by " lex
charitatis : lex proximi," which includes the Sa-
maritan as well as the Levite ; " lex filiorum Adas
de massa una :" upon which original laws this opi-
nion is grounded ; which to deny, if a man may
speak freely, were almost to be a schismatic in
nature.
[The rest was not perfected.]
TUB
LORD BACON'S QUESTIONS
ABOUT THE
LAWFULNESS OF A WAR FOR THE PROPAGATING OF RELIGION.
Questions wherein I desire opinion joined with
arguments and authorities.
Whether a war be lawful against infidels,
only for the propagation of the Christian faith,
without other cause of hostility ?
Whether a war be lawful to recover to the
church countries which formerly hare been Chris-
tian, though now alienate, and Christians utterly
extirpated 1
Whether a war be lawful, to free and deliver
Christians that yet remain in servitude and sub-
jection to infidels ?
Whether a war be lawful in revenge, or vindi-
cation, of blasphemy, and reproaches against the
Deity and our Saviour 1 Or for the ancient effusion
of Christian blood, and cruelties upon Christians 1
Whether a war be lawful for the restoring
and purging of the Holy Land, the sepulchre,
and other principal places of adoration and devo-
tion?
Whether, in the cases aforesaid, it be not obli-
gatory to Christian princes to make such a war, and
not permissive only 1
Whether the making of a wai against the
infidels be not first in order of dignity, and to be
preferred before extirpations of heresies, reconcile-
ments of schisms, reformation of manners, pur-
suits of just temporal quarrels, and the like ac-
tions for the public good ; except there be either
a more urgent necessity, or a more evident facility
in those inferior actions, or except they may both
go on together in some degree 1
444
MISCELLANEOUS.
MR. BACON'S DISCOURSE
IN THE
PRAISE OF HIS SOVEREIGN.
No praise of magnanimity, nor of love, nor of
knowledge, can intercept her praise, that planteth
and nourisheth magnanimity by her example, love
by her person, and knowledge by the peace and
serenity of her times. And if these rich pieces be
so fair onset, what are they set, and set in all per-
fection 1 Magnanimity no doubt consisteth in
contempt of peril, in contempt of profit, and in
meriting of* the times wherein one liveth. For
contempt of peril, see a lady that cometh to a
crown after the experience of some adverse fortune
which for the most part extenuateth the mind,
and maketh it apprehensive of fears. No sooner
she taketh the sceptre into her sacred hands, but
she putteth on a resolution to make the greatest,
the most important, the most dangerous that can
be in a state, the alteration of religion. This she
doth, not after a sovereignty established and con-
tinued by sundry years, when custom might have
bred in her people a more absolute obedience;
when trial of her servants might have made her
more assured whom to employ : when the reputa-
tion of her policy and virtue might have made her
government redoubted : but at the very entrance
of her reign, when she was green in authority,
her servants scant known unto her, the adverse
part not weakened, her own part not confirmed.
Neither doth she reduce or reunite her realm to
the religion of the states about her, that the evil
inclination of the subject might be countervailed
by the good correspondence in foreign parts : but,
contrariwise, she introduceth a religion extermi-
nated and persecuted both at home and abroad. Her
proceeding herein is not by degrees and by stealth,
but absolute and at once. Was she encouraged
thereto by the strength she found in leagues and
alliances with great and potent confederates 1
No, but she found her realm in wars with her
nearest and mightiest neighbours. She stood
&ingle and alone, and in league only with one,
that after the oeople of her nation had made his
wars, left her to make her own peace ; one that
could never be by any solicitation moved to renew
the treaties ; and one that since hath proceeded
from doubtful terras of amity to the highest acts
of hostility. Yet, notwithstanding the opposition
so great, the support so weak, the season so im-
proper; yet, I say, because it was a religion
wherein she was nourished and brought up; a
religion that freed her subjects from pretence of
foreign powers, and indeed the true religion ; she
brought to pass this great work with success
worthy so noble a resolution. See a queen that,
when a deep and secret conspiracy was plotted
against her sacred person, practised by subtile in-
struments, embraced by violent and desperate
humours, strengthened and bound by vows and
sacraments, and the same was revealed unto her,
(and yet the nature of the affairs required further
ripening before the apprehension of any of the
parties,) was content to put herself into the guard
of the divine providence, and her own prudence,
to have some of the conspirators in her eyes, to
suffer them to approach to her person, to take a
petition of the hand that was conjured for her
death ; and that with such majesty of countenance,
such mildness and serenity of gesture, such art and
impression of words, as had been sufficient to
have repressed and bound the hand of a conspirator,
if he had not been discovered. Lastly, see a queen,
that when her realm was to have been invaded by
an army, the preparation whereof was like the
travel of an elephant, the provisions were infinite,
the setting forth whereof was the terror and won-
der of Europe ; it was not seen that her cheer, her
fashion, her ordinary manner was any thing alter-
ed : not a cloud of that storm did appear in that
countenance wherein peace doth ever shine ; bujt
with excellent assurance, and advised security,
she inspired her council, animated her nobility,
redoubled the courage of her people, still having
this noble apprehension, not only that she would
2P 445
446
IN PRAISE OF QUEEN ELIZABETH.
communicate her fortune with them, but that it
was she that would protect them, and not they
her : which she testified by no less demonstration
than her presence in camp. Therefore, that
magnanimity that neither feareth greatness of
alteration, nor the views of conspirators, nor the
power of enemy, is more than heroical.
For contempt of profit, consider her offers, con-
sider her purchases. She hath reigned in a most
populous and wealthy peace, her people greatly
multiplied, wealthily appointed, and singularly
devoted. She wanted not the example of the
power of her arms in the memorable voyages and
invasions prosperously made and achieved by
sundry her noble progenitors. She had not
wanted pretences, as well as of claim and right,
as of quarrel and revenge. She hath reigned
during the minority of some of her neighbour
princes, and during the factions and divisions of
their people upon deep and irreconcilable quar-
rels, and during the embracing greatness of some
one that hath made himself so weak through too
much burden, as others are through decay of
strength; and yet see her sitting, as it were,
within the compass of her sands. Scotland, that
doth, as it were, eclipse her island ; the United
Provinces of the Low Countries, which, for
wealth, commodity of traffic, affection to our
nation, were most meet to be annexed to this
crown; she left the possession of the one, and
refused the sovereignty of the other : so that not-
withstanding the greatness of her means, the
justness of her pretences, and the rareness of her
opportunity, she hath continued her first mind,
she hath made the possessions which she received
the limits of her dominions, and the world the
limits of her name, by a peace that hath stained
all victories.
For her merits, who doth not acknowledge,
that she hath been as a star of most fortunate
influence upon the age wherein she hath shined 1
Shall we speak of merit of clemency ? or merit of
beneficence 1 Where shall a man take the most
proper and natural trial of her royal clemency 1
Will it best appear in the injuries that were done
onto her before she attained the crown ! or after
she is seated in her throne 1 or that the common-
wealth is incorporated in her person ? Then
clemency is drawn in question, as a dangerous
encounter of justice and policy. And, therefore,
who did ever note, that she did relent, after that
she was established in her kingdom, of the
wrongs done unto her former estate 1 Who doth
not remember how she did revenge the rigour and
rudeness of her jailor by a word, and that no bitter
but salt, and such as showed rather die excel-
lency of her wit than any impression of her
wrong 1 Yea, and further, is it not so manifest,
that since her reign, notwithstanding the princi-
ple that princes should not neglect, "That the
commonwealth's wrong is included in them-
selves ;" yet, when it is question of drawing the
8 word, there is ever a conflict between the justice
of her place, joined with the necessity of her state
and her royal clemency, which as a sovereign and
precious balm continually distil leth from her fair
hands, and falleth into the wounds of many that
have incurred the offence of her law.
Now, for her beneficence, what kind of persons
have breathed during her most happy reign, but
have had the benefit of her virtues conveyed unto
them 1 Take a view, and consider whether they
have not extended to subjects, to neighbours, to re-
mote strangers, yea, to her greatest enemies. For
her subjects, where shall we begin in such a maze
of benefits as presenteth itself to remembrance t
Shall we speak of the purging away of the dross of
religion, the heavenly treasure; or that of money,
the earthly treasure 1 The greater was touched
before, and the latter deserveth not to be forgotten.
For who believeth not, that knoweth any thing in
matter of estate, of the great absurdities and frauds
that arise of divorcing the legal estimation of
money 8 from the general, and, as I may term it,
natural estimation of metals, and again of the
uncertainty and wavering values of coins, a very
laybrinth of cousenages and abuse, yet such as
great princes have made their profit of towards
their own people. Pass on from the mint to the
revenue and receipts: there shall yon find no
raising of rents, notwithstanding the alteration of
prices and the usage of the times; but the over
value, besides a reasonable fine left for the relief
of tenants and the reward of servants ; no raising
of customs, notwithstanding her continual charges
of setting to the sea; no extremity taken of for-
feiture and penal laws, means used by some kings
for the gathering of great treasures. A few for-
feitures; indeed, not taken to her own purse, but
set over to some others for the trial only, whether
gain could bring those laws to be well executed,
which the ministers of justice did neglect. Bat
after it was found, that only compassions were
used, and the law never the nearer the execution,
the course was straight suppressed and discon-
tinued. Yea, there have been made laws more
than one in her time for the restraint of the vexa-
tion of informers and promoters : nay, a course
taken by her own direction for the repealing of
all heavy and snared laws, if it had not been
crossed by those to whom the benefit should have
redounded. There shall you find, no new taxes,
impositions, nor devices ; but the benevolence of
the subject freely offered by assent of parliament,
according to the ancient rates, and with great
moderation in assessment ; and not so only, but
some new forms of contribution offered likewise
by the subject in parliament ; and the demonstra-
tion of their devotion only accepted, but the thing
never put in ure. There shall you find loans, but
honourably answered and paid, as it were the con-
tract of a private man. To conclude, there shall
IN PRAISE OF QUEEN ELIZABETH.
447
you find moneys levied upon failts of lands, alien-
ation, though not of the ancient patrimony, yet
of the rich and commodious purchases and perqui-
sites of the crown only, because she will not be
grievous and burdensome to the people. This
treasure, so innocently levied, so honourably
gathered and raised, with such tenderness to the
subject, without any baseness or dryness at all,
how hath it been expended and employed 1
Where be the wasteful buildings, and the exorbi-
tant and prodigal donatives, the sumptuous dissi-
pations in pleasures, and vain ostentatrons which
we find have exhausted the coffers of so many
kings 1 It is the honour of her house, the royal
remunerating of her servants, the preservation of
her people and state, the protection of her sup-
pliants and allies, the encounter, breaking, and
defeating the enemies of her realm, that hath been
the only pores and pipes whereby the treasure
hath issued. Hath it been the sinews of a blessed
and prosperous peace! Hath she bought her
peace 1 Hath she lent the King of Spain money
upon some cavil lati on not to be repeated, and so
bought his favour? And hath she given large
pensions to corrupt his council? No, but she
hath used the most honourable diversion of trou-
bles that can be in the world. She hath kept the
fire from her own walls by seeking to quench it in
her neighbours. That poor brand of the state of
Burgundy, and that other of the crown of France
that remaineth, had been in ashes but for the
ready fountain of her continual benignity. For
the honour of her house it is well known, that
almost the universal manners of the times doth
incline to a certain parsimony and dryness in that
kind of expense; yet she retaineth the ancient
magnificence, the allowance as full, the charge
greater than in time of her father, or any king
bffore; the books appear, the computation will
not flatter. And for the remunerating and reward-
ing of her servants, and the attendance of the
court, let a man cast and sum up all the books of
gifts, fee-farms, leases, and custodies that have
passed her bountiful hands. Let him consider,
again, what a number of commodious and gainful
offices, heretofore bestowed upon men of other
education and profession, have been withdrawn
and conferred upon her court. Let him remem-
ber what a number of other gifts, disguised by
other names, but, in effect, as good as money
given out of her coffers, have been granted by
her; and he will conclude, that her royal mind is
far above her means. The other benefits of her
politic, clement, and gracious government towards
the subjects are without number; the state of
justice good, notwithstanding the great subtility
and humorous affections of these times; the
security of peace greater than can be described
by that verse ;
"Tutus bot etenlm rura permmbulat :
Nutrit run Cer©§, almmque Fautllta*.
i»
Or that other,
" Condit qulaque diem collibuf In tub."
The opulency of the peace such as, if you have
respect, to take one sign for many, to the number
of fair houses that have been built since her
reign, as Augustus said, " that he had received
the city of brick, and left it of marble ;" so she
may say, she received it a realm of cottages, and
hath made it a realm of palaces: the state of
traffic great and rich: the customs, notwith-
standing these wars and interruptions, not fallen :
many profitable trades, many honourable disco-
veries : and, lastly, to make an end where no end
is, the shipping of this realm so advanced and
made so mighty and potent, as this island is
become, as the natural site thereof deserved, the
lady of the sea ; a point of so high consequence,
as it may be truly said, that the commandment
of the sea is an abridgment or a quintessence
of a universal monarchy.
This and much more hath she merited of her
subjects : now to set forth the merit of her neigh-
bours and the states about her. It seemeth the
things have made themselves purveyors of con-
tinual, new, and noble occasions for her to show
them benignity, and that the fires of troubles
abroad have been ordained to be as lights and
tapers to make her virtue and magnanimity more
apparent. For when that one, stranger born, the
family of Guise, being as a hasty weed sprung
up in a night, had spread itself to a greatness,
not civil but seditious; a greatness, not of
encounter of the ancient nobility, not of pre-
eminency in the favour of kings, and not reraise
of affairs from kings ; but a greatness of innova-
tion in state, of usurpations of authority, of
affecting of crowns ; and that accordingly, under
colour of consanguinity and religion, they had
brought French forces into Scotland, in the ab-
sence of their king and queen being within their
usurped tutele ; and that the ancient nobility of
this realm, seeing the imminent danger of re-
ducing that kingdom under the tyranny of fo-
reigners and their faction, had, according to the
good intelligence betwixt the two crowns, prayed
her neighbourly succours: she undertook the
action, expelled the strangers, restored the nobi-
lity to their degree. And, lest any man should
think her intent was to unnestle ill neighbours,
and not to aid good neighbours, or that she was
readier to restore what was invaded by others
than to render what was in her own hands ; see
if the time provided not a new occasion after-
wards, when, through their own divisions, without
the intermise of strangers, her forces were again
sought and required; she forsook them not,
prevailed so far as to be possessed of the castle
of Edinburgh, the principal strength of that
kingdom, with peace, incontinently, without
cunctations or cavillations, the preambles of %
448
IN PRAISE OF QUEEN ELIZABETH.
wavering faith, she rendered with all honour and
security ; and his person to safe and faithful
hands; and so ever after during his minority
continued his principal guardian and protector.
In the time and between the two occasions of
Scotland, when the same faction of Guise,
covered still with pretence of religion, and
strengthened by the desire of retaining govern-
ment in the queen-mother of France, had raised
and moved civil wars in that kingdom, only to
extirpate the ancient nobility, by shocking them
one against another, and to waste that realm as
a candle which is lighted at both ends : and that
those of the religion, being near of the blood-
royal, and otherwise of the greatest house in
France, and great officers of the crown, opposed
themselves only against their insolency, and to
their supports called in her aid, giving unto them
Newhaven for a place of security : see with what
alacrity, in tender regard towards the fortune of
that young king, whose name was used to the
suppliants of his strength, she embraced the
enterprise ; and by their support and reputation
the same party suddenly made great proceedings,
and in conclusion made their peace as they would
themselves : and although they joined themselves
against her, and performed the parts rather of
good patriots than of good confederates, and that
after great demonstration of valour in her sub-
jects. For, as the French will to this day report,
especially by the great mortality by the hand of
God, and the rather because it is known she did
never much affect the holding of that town to her
own use ; it was left, and her forces withdrawn,
yet did that nothing diminish her merit of the
crown, and namely of that party who recovered
by it such strength, as by that and no other thing
they subsisted long after: and lest that any
should sinisterly and maliciously interpret that
she did nourish those divisions; who knoweth
not what faithful advice, continual and earnest
solicitation she used by her ambassadors and
ministers to the French kings successively, and to
their mother, to move them to keep their edicts of
pacification, to retain their own authority and
greatness by the union of her subjects 1 Which
counsel, if it had been as happily followed, as it
was prudently and sincerely given, France at this
day had been a most flourishing kingdom, which
now is a theatre of misery. And now, at last, when
the said house of Guise, being one of the whips
of God, whereof themselves are but the cords, and
Spain the stock, had by their infinite aspiring
practices wrought the miracles of states, to make a
king in possession long established to play again
for his crown, without any title of a competitor,
without any invasion of a foreign enemy, yea,
without any combination in substance of a blood-
royal or nobility ; but only by furring in audacious
persons into sundry governments, and by making
the populace of towns drunk with seditious preach-
ers * and that King Henry the Third, awaked by
those pressing dangers, was compelled to execute
the Duke of Guise without ceremony ; and yet
nevertheless found the despair of so many persons
embarked and engaged in that conspiracy, so vio-
lent, as the flame thereby was little assuaged ; so
that he was inforced to implore her aids and suc-
cours. Consider how benign care and good cor-
respondence she gave to the distressed requests of
that king ; and he soon after being, by the sacri-
legious hand of a wretched jacobin lifted up against
the sacred«person of his natural sovereign, taken
away, not wherein the criminous blood of Guise,
but the innocent blood which he hath often spilled
by instigation of him and his house was revenged,
and that this worthy gentleman who reigneth
come to the crown ; it will not be forgotten by so
grateful a king, nor by so observing an age, how
ready, how opportune and reasonable, how royal
and sufficient her succours were, whereby she
enlarged him at that time, and preferred him to
his better fortune : and ever since in those tedi-
ous wars, wherein he hath to do with a hydra, or
a monster with many heads, she hath supported
him with treasure, with forces, and wich employ-
ment of one that she favoureth most. What shall
I speak of the offering of Don Anthony to his
fortune; a devoted Catholic, only commended
unto her by his oppressed state 1 What shall I
say of the great storm of a mighty invasion, not
of preparation, but in act, by the Turk upon the
King of Poland, lately dissipated only by the
beams of her reputation : which with the Grand
Signor is greater than that of all the states of
Europe put together 1 But let me rest upon the
honourable and continual aid and relief she hath
gotten to the distressed and desolate people of the
Low Countries ; a people recommended unto her by
ancient confederacy and daily intercourse, by their
cause so innocent, and their fortune so lamenta-
ble. And yet, notwithstanding, to keep the con-
formity cf her own proceeding never stained with
the least note of ambition or malice, she refused
the sovereignty of divers of those goodly pro-
vinces offered unto her with great instance, to have
been accepted with great contentment both of her
own people and others, and justly to be derived
either in respect of the hostility of Spain, or in
respect of the conditions, liberties, and privileges
of those subjects, and without charge, danger*
and offence to the King of Spain and his partisans.
She hath taken upon her their defence and pro-
tection, without any further avail or profit unto
herself, than the honour and merit of her benig-
nity to the people, that hath been pursued by their
natural king only upon passion and wrath, in
such sort that he doth consume his means upon
revenge. And, having to verify that which I said,
that her merits have extended to her greatest ene-
mies; let it be remembered what hath passed in
that matter between the Kipg of Spain and her:
IN PRAISE OF QUEEN ELIZABETH.
440
how in the beginning of the troubles there, she
gave and imparted to him faithful and friendly
advice touching the course that was to be taken
for quieting and appeasing of them. Then she
interposed herself to most just and reasonable
capitulations, wherein always should have been
preserved unto him as ample interest, jurisdiction,
and superiority in those countries as he in right
could claim, or a prince well-minded would seek
to have : and, which is the greatest point, she did
by her advice, credit, and policy, and all good
means, interrupt and appeach, that the same peo-
ple by despair should not utterly alien and distract
themselves from the obedience of the King of
Spain, and cast themselves into the arms of a
stranger: insomuch, that it is most true, that she
did ever persuade the Duke of Anjou from that
action, notwithstanding the affection she bore to
that duke, and the obstinacy which she saw daily
growing in the King of Spain. Lastly, to touch
the mighty general merit of this queen, bear in
mind, that her benignity and beneficence hath
been as large as the oppression and ambition of
Spain. For, to begin with the church of Rome,
that pretended apostolic see is become but a dona-
tive cell of the King of Spain ; the vicar of Christ
is become the King of Spain's chaplain ; he part-
eth the coming in of the new pope, for the treasure
of the old : he was wont to exclude but some two
or three cardinals, and to leave the election of the
rest ; but now he doth include, and present direct-
ly some small number, all incapable and incom-
patible with the conclave, put in only for colour,
except one or two. The states of Italy, they be
like little quillets of freehold, being intermixed in
the midst of a great honour or lordship : France
is turned upside down, the subject against the
king, cut and mangled infinitely, a country of
Rodamonts and Roytelets, farmers of the ways :
Portugal usurped by no other title than strength
and vicinity : the Low Countries warred upon, be-
cause he seeketh, not to possess them, for they
were possessed by him before, but to plant there
an absolute and martial government, and to sup-
press their liberties : the like at this day attempted
npon Arragon: the poor Indies, whereas the
Christian religion generally brought enfranchise-
ment of slaves in all places where it came, in a
contrary course are brought from freemen to be
slaves, and slaves of most miserable condition :
sundry trains and practices of this king's ambi-
tion in Germany, Denmark, Scotland, the east
towns, are not unknown. Then it is her govern-
ment, and her government alone, that hath been
the sconce fort of all Europe, which hath lett
this proud nation from overrunning all. If any
state be yet free from his factions erected in the
bowels thereof; if there be any state wherein this
faction is erected, that is not yet fired with civil
troubles ; if there be any state under his protection
upon whom he usurpeth not; if there be any sub-
Vol. II 57
ject to him that enjoyeth moderate liberty, upon
whom he tyrannizeth not: let them all know, it is
by the mercy of this renowned queen, that stand-
eth between them and their misfortunes. These
be some of the beams of noble and radiant mag-
nanimity, in contempt of peril, which so mani-
festly, in contempt of profit, which so many ad-
mire, and in merit of the world, which so many
include in themselves ; set forth in my simpli-
city of speech with much loss of lustre, but with
near approach of truth ; as the sun is seen in the
water.
Now to pass to the excellences of her person :
the view of them wholly and not severally, do
make so sweet a wonder, as I fear to divide them.
Again, nobility extracted out of the royal and
victorious line of the kings of England; yea,
both roses, white and red, do as well flourish in
her nobility as in her beauty, as health, such as
was like she should have that was brought forth
by two of the most goodly princes of the world,
in the strength of their years, in the heat of their
love ; that hath been injured neither with an over-
liberal nor over-curious diet ; that hath not been
sustained by an umbratile life still under the roof,
but strengthened by the use of the pure and open
air, that still retaineth flower and vigour of youth.
For the beauty and many graces of her presence,
what colours are fine enough for such a portrait-
ure 1 let no light poet be used for such a descrip-
tion, but the chastest and the royalest :
Of her gait ; " Et vera inceseu patuit Dea."
Of her voice ; " Nee vox hominem sonat."
Of her eye ; " Et letos oculis afflavit honores."
Of her colour ; " Indum sanguineo veluti viola-
verit ostro Si quis ebur."
Of her neck ; " Et rosea cervice refulsit."
Of her breast ; " V este sinus collecta fluentes."
Of her hair; "Ambrosisque comas divinum
vertice odorem
Spiravere."
If this be presumption, let him bear the blame
that owneth the verses. What shall I speak of
her rare qualities of compliment; which as they
be excellent in the things themselves, so they have
always besides somewhat of a queen: and af
queens use shadows and veils with their rich
apparel; methinks in all her qualities there is
somewhat that flieth from ostentation, and yet
inviteth the mind to contemplate her more t
What should I speak of her excellent gift of
speech, being a character of the greatness of her
conceit, the height of her degree, and the sweet-
ness of her nature t What life, what edge is there
in those words and glances wherewith at pleasure
she can give a man long to think ; be it that she
mean to daunt him, to encourage him, or to amaze
him ! How admirable is her discourse, whether
it be in learning, state, or love ! what variety of
knowledge; what rareness of conceit; what
choice of words ; what grace of utterance ! Doth
2p2
450
IN PRAISE OF QUEEN ELIZABETH.
it not appear, that though her wit be as the ada-
mant of excellences, which draweth out of any
book ancient or new, out of any writing or speech,
the best ; yet she refineth it, she enricheth it far
above the value wherein it is received? And is
her speech only that language which the child
learneth with pleasure, and not those which the
studious learn with industry ? Hath she not at-
tained, besides her rare eloquence in her own lan-
guage, infinitely polished since her happy times,
changes of her languages, both learned and modern?
so that she is able to negotiate with divers ambas-
sadors in their own languages; and that with no
disadvantage upon them, who I think cannot but
have a great part of their wits distracted from their
matters in hand to the contemplation and admira-
tion of such perfections. What should I wonder
on to speak of the excellences of her nature, which
cannot endure to be looked on with a discontented
eye: of the constancy of her favours, which
maketh service as a journey by land, whereas
the service of other princes is like an embarking
by sea. For her royal wisdom and policy of
government, he that shall note and observe the
prudent temper she useth in admitting access ; of
the one side maintaining the majesty of her degree,
and on the other side not prejudicing herself by
looking to her estate through too few windows :
her exquisite judgment in choosing and finding
good servants, a point beyond the former ; her pro-
found discretion in assigning and appropriating
every of them to their aptest employment : her
penetrating sight in discovering every man's ends
and drifts : her wonderful art in keeping servants
in satisfaction, and yet in appetite : her inventing
wit in contriving plots and overturns : her exact
caution in censuring the propositions of others for
her service : her foreseeing events : her usage of
occasions: he that shall consider of these, and
other things that may not well be touched, as he
shall never cease to wonder at such a queen, so he
shall wonder the less, that in so dangerous times,
when wits are so cunning, humours extravagant,
passions so violent, the corruptions so great, the
dissimulations so deep, factions so many; she
hath notwithstanding done such great things, and
reigned in felicity.
To speak of her fortune, that which I did reserve
for a garland of her honour; and that is, that she
liveth a virgin, and hath no children : so it is that
which maketh all her other virtues and acts more
sacred, more august, more divine. Let them leave
children that leave no other memory in their times :
" Brutorum eternitas, soboles." Revolve in histo-
ries the memories of happy men, and you shall not
find any of rare felicity but either he died child-
less, or his line spent soon after his death ; or else
was unfortunate in his children. Should a man
have them to be slain by his vassals, as the
" po8thumu8" of Alexander the Great was ? or to
call them his imposthumes, as Augustus Csssar
called his? Peruse the catalogue: Cornelias
Sylla, Julius C«sar, Flavins Vespaaianus, Seve-
rus, Constant! nus the Great, and many more.
** Generare et liberi, humana : creare et operari,
divina." And, therefore, this objection removed,
! let us proceed to take a view of her felicity.
A mate of fortune she never took : only some
adversity she passed at the first, to give her a
quicker sense of the prosperity that should follow,
and to make her more reposed in the divine provi-
dence. Well, she cometh to the crown; it was no
small fortune to find at her entrance some such
servants and counsellors as she then found. The
French king, who at this time, by reason of the
peace concluded with Spain, and of the interest
he had in Scotland, might have proved a danger-
ous neighbour : by how strange an accident was
he taken away ? The King of Spain, who, if he
would have inclined to reduce the Low Countries
by lenity, considering the goodly revenues which
he drew from those countries, the great commodity
to annoy her state from thence, might have made
mighty and perilous matches against her repose ;
putteth on a resolution not only to use the means
of those countries, but to spend and consume all
his other means, the treasure of his Indies, and
the forces of his ill-compacted dominions there and
upon them. The Carles that rebelled in the
north, before the Duke of Norfolk's plot, which,
indeed, was the strength and seal of that commo-
tion, was fully ripe, brake forth, and prevented
their time. The King Sebastian of Portugal,
whom the King of Spain would fain have per-
suaded that it was a devouter enterprise to purge
Christendom, than to enlarge it, though I know
some think that he did artificially nourish him
in that voyage, is cut apieces with his army in
Africa : then hath the King of Spain work cut oat
to make all things in readiness during the old
cardinal's time for the conquest of Portugal;
whereby his desire of invading of England was
slackened and put off some years, and by that
means was put in execution at a time for some
respects much more to his disadvantage. And
the same invasion, like and as if it had been at-
tempted before, it had the time much more proper
and favourable; so likewise had it in true dis-
course a better season afterwards : for, if it had
been dissolved till time that the league had been
better confirmed in France; which no doubt would
have been, if the Duke of Guise, who was the
only man of worth on that side, had lived ; and the
French king durst never have laid hand upon him,
had he not been animated by the English victory
against the Spaniards precedent. And then, if
some maritime town had been gotten into the
hands of the league, it had been a great surety
and strength to the enterprise. The popes, to
consider of them whose course and policy it had
been, knowing her majesty's natural clemency,
to have temporized and
A PROCLAMATION.
451
coming to church, that through the mask of their
hypocrisy they might have been brought into
places of government in the state and in the
country: these, contrariwise, by the instigation
of some fugitive scholars that advised him, not
that was best for the see of Rome, but what
agreed best with their eager humours and des-
perate states; discover and declare themselves
so far by sending most seminaries, and taking of
reconcilements, as there is now severity of laws
introduced for the repressing of that sort, and
men of that religion are become the suspect.
What should I speak of so many conspiracies
miraculously detected ? the records show the trea-
sons : but it is yet hidden in many of them how
they came to light. What should I speak of the
opportune death of her enemies, and the wicked
instruments towards her estate ? Don Juan died
not amiss : Darleigh, Duke of Lenox, who was
used as an instrument to divorce Scotland from
the amity of England, died in no ill season: a
man withdrawn indeed at that time to France ;
but not without great help. I may not mention
the death of some that occur to mind : but still,
methinks, they live that should live, and they
die that should die. I would not have the King
of Spain die yet ; he is " seges gloris :" but
when he groweth dangerous, or any other besides
him; I am persuaded they will die. What
should I speak of the fortunes of her armies,
which, notwithstanding the inward peace of this
nation, were never more renowned ? What should
I recount Leith and New haven for the honourable
skirmishes and services 1 they are no blemish at
all to the militia of England.
In the Low Countries, the Lammas day, the
retreat of Ghent, the day of Zutphen, and the pros-
perous progress of this summer : the bravado in
Portugal, and the honourable exploits in the aid
of the French king, besides the memorable voy-
ages in the Indies ; and, lastly, the good entertain-
ment of the invincible navy, which was chased
till tVe chasers were weary, after infinite loss,
without taking a cock-boat, without firing a sheej>-
cot, sailed on the mercies of the wind, and the
discretion of their adventures, making a perambu-
lation or pilgrimage about the northern sea6, and
ignobling many shores and points of land by ship-
wreck ; and so returned home with scorn and dis-
honour much greater than the terror and expecta-
tion of their setting forth.
These virtues and perfections, with so great
felicity, have made her the honour of her tiroes,
the admiration of the world, the suit and aspiring
of greatest kings and princes, who yet durst never
have aspired unto her, but as their minds were
raised by love.
But why do I forget that words do extenuate
and embase matters of so great weight ? Time is
her best commander, which never brought forth
such a prince, whose imperial virtues contend with
the excellency of her person ; both virtues contend
with her fortune ; and both virtue and fortune con-
tend with her fame.
" Orbit amor, nuna* carmen, ccelique papilla :
Tu deem omne tula, tu deem ipaa tibl 1'
A PROCLAMATION
D11WH
FOR HIS MAJESTY'S FIRST COMING IN.
[prepared, but not used.]
Having great cause, at this time, to be moved
with diversity of affections, we do in first place
condole with all our loving subjects of England,
for the loss of their so virtuous and excellent
queen ; being a prince that we always found a
dear sister, yea a mother to ourself in many her
actions and advices. A prince whom we hold
and behold as an excellent pattern and example
to imitate in many her royal virtues and parts of
government ; and a prince whose days we could
have wished to have been prolonged ; we report-
ing ourselves not only to the testimony of our
royal heart, but to the judgment of all the world,
whether there ever appeared in us any ambitious
or impatient desire to prevent God's appointed
time. Neither are we so partial to our own ho-
nour, but that we do in great part ascribe this our
most peaceable and quiet entrance and coming to
these our crowns, next under the blessing of Al-
mighty God, and our undoubted right, to the fruit
of her majesty's peaceable and quiet government,
accustoming the people to all loyalty and obedi-
ence. As for that which concerneth ourselves,
we would have all our loving subjects know, that
463
A PROCLAMATION.
we do not take so much gladness and content-
ment in the devolving of these kingdoms nnto
oar royal person, for any addition or increase of
glory, power, or riches, as in this, that it is so
manifest an evidence unto us, especially the man-
ner of it considered, that we stand, though un-
worthy, in God's favour, who hath put more
means into our hands to reward our friends and
servants, and to pardon and obliterate injuries, and
to comfort and relieve the hearts and estates of
our people and loving subjects, and chiefly to ad-
vance the holy religion and church of Almighty
God, and to deserve well of the Christian com-
monwealth. And more especially we cannot but
gratulate and rejoice in this one point, that it hath
pleased God to make us the instrument, and, as
it were, the corner-stone, to unite these two
mighty and warlike nations of England and Scot-
land into one kingdom. For although these two
nations are situated upon the continent of one
island, and are undivided either by seas or moun-
tains, or by diversity of language ; and although
our neighbour kingdoms of Spain and France have
already had the happiness to be reunited in the
several members of those kingdoms formerly dis-
joined ; yet in this island it appeareth not in the
records of any true history, no, nor scarcely in the
conceit of any fabulous narration or tradition, that
this whole island of Great Britain was ever united
nnder one sovereign prince before this day. W hich,
as we cannot but take as a singular honour and
favour of God unto ourselves ; so we may con-
ceive good hope that the kingdoms of Christen-
dom standing distributed and counterpoised, as
by this last union they now are, it will be a foun-
dation of the universal peace of all Christian
princes ; and that now the strife that shall remain
between them, shall be but an emulation who shall
govern best, and most to the weal and good of his
people.
Another great cause of our just rejoicing is, the
assured hope that we conceive, that whereas our
kingdom of Ireland hath been so long time torn
and afflicted with the miseries of wars, the making
and prosecuting of which wars hath cost such an
infinite deal of blood and treasure of our realm of
England to be spilt and consumed thereupon ; we
shall be able, through God's favour and assist-
ance, to put a speedy and an honourable end to
those wars. And it is our princely design, and
full purpose and resolution, not only to reduce
that nation from their rebellion and revolt, but
also to reclaim them from their barbarous manners
to justice and the fear of God; and to populate,
plant, and make civil all the provinces in that
Vingdom: which also being an action that not
any of our noble progenitors, KingB of England,
hath ever had the happiness thoroughly to prose-
cute and accomplish, we take so much to heart,
as we are persuaded it is one of the chief causes,
for the which God hath brought us to the imps*
rial crown of these kingdoms.
Further, we cannot but take great comfort in
the state and correspondence which we now stand
in of peace and unity with all Christian princes,
and, otherwise, of quietness and obedience of oar
own people at home : whereby we shall not need
to expose that our kingdom of England to any
quarrel or war, but rather have occasion to pre-
serve them in peace and tranquillity, and open-
ness of trade with all foreign nations.
Lastly, and principally, we cannot but take
unspeakable comfort in the great and wonderfbl
consent and unity, joy and alacrity, wherewith
our loving subjects of our kingdom of England
have received and acknowledged us their natural
and lawful king and governor, according to our
most clear and undoubted right, in so quiet and
settled manner, as, if we had been long ago
declared and established successor, and bad taken
all men's oaths and homages, greater and more
perfect unity and readiness could not have been.
For, considering with ourselves, that, notwith-
standing difference of religion, or any other fac-
tion, and notwithstanding our absence so far off,
and notwithstanding the sparing and reserved
communicating of one another's minds ; yet, all
our loving subjects met in one thought and voice,
without any the least disturbance or interruption,
yea, hesitation or doubtfulness, or any show
thereof; we cannot but acknowledge it is a great
work of God, who hath an immediate and extra-
ordinary direction in the disposing of kingdoms
and flows of people's hearts.
Wherefore, after our most humble and devout
thanks to Almighty God, by whom kings reign,
who hath established us king and governor of
these kingdoms ; we return our hearty and affec-
tionate thanks unto the lords spiritual and tempo-
ral, the knights and gentlemen, the cities and
towns, and generally unto our commons, and all
estates and degrees of that our kingdom of Eng-
land, for their so acceptable first-fruits of their
obedience and loyalties offered and performed in
our absence; much commending the great wis-
dom, courage, and watchfulness used by the
peers of that our kingdom, according to the nobi-
lity of their bloods and lineages, many of them
mingled with the blood royal; and therefore in
nature affectionate to their rightful king; and
likewise of the counsellors of the late queen,
according to their gravity and oath, and the spirit
of their good mistress, now a glorious saint in
heaven, in carrying and ordering our affairs with
that fidelity, moderation, and consent, which in
them bath well appeared: and also the great
readiness, concord, and cheerfulness in the prin-
cipal knights and gentlemen of several counties,
with the head officers of great cities, corporations,
and towns : and do take knowledge by name of
A DRAUGHT OF A PROCLAMATION.
45*
the readiness and good zeal of that our chiefest
and most famous city, the city of London, the
chamber of that our kingdom : assuring them, that
we will be unto that city, by all means of confirm-
ing and increasing their happy and wealthy estate,
not only a just and gracious sovereign lord and king,
but a special and bountiful patron and benefactor.
And we, on our part, as well in remuneration
of all their loyal and loving affections, as in dis-
charge of our princely office, do promise and
assure them, that as all manner of estates have
concurred and consented in their duty and zeal
towards us, so it shall be our continual care and
resolution to preserve and maintain every several
estate in a happy and flourishing condition, with-
out confusion or overgrowing of any one to the
prejudice, discontentment, or discouragement of
the rest: and generally in all estates we hope
God will strengthen and assist us, not only to
extirpate all gross and notorious abuses, and cor-
ruptions, of simonies, briberies, extortions, exac-
tions, oppressions, vexations, burdensome pay-
ments, and overcharges, and the like ; but further
to extend our princely care to the supply of the
very neglects and omissions of any thing that
may tend to the good of our people. So that
every place and service that is fit for the honour
or good of the commonwealth shall be filled, and
no man's virtue left idle, unemployed, or unre-
warded ; and every good ordinance and constitu-
tion, for the amendment of the estate and times,
be revived and put in execution.
In the mean time, minding by God's leave, all
delay set apart, to comfort and secure our loving
subjects in our kingdom of England by our per-
sonal presence there, we require all our loving
subjects joyfully to expect the same : and yet so,
as we signify our will and pleasure to be, tha"t all
such ceremonies and preparations as shall be
made and used to do us honour, or to express
gratulation, be rather comely and orderly, than
sumptuous and glorious ; and for the expressing
of magnificence, that it be rather employed and
bestowed upon the funeral of the late queen, to
whose memory, we are of opinion, too much
honour cannot be done or performed.
A DRAUGHT OF A PROCLAMATION
TOUCHING HIS MAJESTY'S STYLE.
2do JACOBI.
[PREPARED* NOT U8ED.]
As it is a manifest token, or rather a substantial
effect, of the wrath and indignation of God,
when kingdoms are rent and divided, which have
formerly been entire and united under one monarch
and governor; so, on the contrary part, when it
shall please the Almighty, by whom kings reign
as his deputies and lieutenants, to enlarge his
commissions of empire and sovereignty, and to
commit those nations to one king to govern,
which he hath formerly committed to several
kings, it is an evident argument of his great
favour bqth upon king and upon people; upon
the king, inasmuch as he may with comfort con-
ceive that he is one of those servants to whom it
was said, " Thou hast been faithful in the less, I
will make thee lord of more;'9 upon the people,
because the greatness of kingdoms and domi-
nions, especially not being scattered, but adjacent
and compact, doth ever bring with it greater
security from outward enemies, and greater
freedom from inward burdens, unto both which
people under petty and weak estates are more
exposed; which so happy fruit of the union of
kingdoms is chiefly to be understood, when such
conjunction or augmentation is not wrought by
conquest and violence, or by pact and submission,
but by the law of nature and hereditary descent.
For in conquest it is commonly seen although
the bulk and quantity of territory be increased,
yet the strength of kingdoms is diminished, as
well by the wasting of the forces of both parts
in the conflict, as by the evil coherence of the
nation conquering and conquered, the one being
apt to be insolent, and the other discontent; and
so both full of jealousies and discord. And
where countries are annexed only by act of
estates and submissions, such submissions are
commonly grounded upon fear, which is no good
author of continuance, besides the quarrels and
revolts which do ensue upon conditional and
4*4
A DRAUGHT OF A PROCLAMATION.
articulate subjections: but when the lines of two
kingdoms do meet in the person of one monarch,
as in a true point or perfect angle ; and that from
marriage, which is the first conjunction in human
society, there shall proceed one inheritor in blood
to several kingdoms, whereby they are actually
united and incorporated under one head ; it is the
work of God and nature, where unto the works of
force and policy cannot attain; and it is that
which hath not in itself any manner of seeds of
discord or disunion, other than such as envy and
malignity shall sow, and which groundeth a
union, not only indissoluble, but also most com-
fortable and happy amongst the people.
We therefore in all humbleness acknowledge,
that it is the great and blessed work of Almighty
God, that these two ancient and mighty realms
of England and Scotland, which by nature have
no true but an imaginary separation, being both
situated and comprehended in one most famous
and renowned island of Great Britany, compassed
by the ocean, without any mountains, seas, or
other boundaries of nature, to make any partition,
wall, or trench, between them, and being also
exempted from the first curse of disunion, which
was the confusion of tongues, and being people
of a like constitution of mind and body, espe-
cially in warlike prowess and disposition : and
yet, nevertheless, have in so many ages been
disjoined nnder several kings and governors, are
now at the last, by right inherent in the commix-
ture of our blood, united in our person and ge-
neration; wherein it hath pleased God to anoint
us with the oil of gladness and gratulation above
our progenitors, kings of either nation. Neither
can we sufficiently contemplate and behold the
passages, degrees, and insinuations, whereby it
hath pleased the eternal God, to whom all his
works are from beginning known and present, to
open and prepare a way to this excellent work ;
having first ordained that both nations should be
knit in one true and reformed religion, which is
the perfectest band of all unity and union; and,
secondly, that there should precede so long a
peace continued between the nations for so many
years last past, whereby all seeds and sparks of
ancient discord have been laid asleep, and grown
to an obliteration and oblivion ; and, lastly, that
ourselves, in the true measure of our affections,
should have so just cause to embrace both nations
with equal and indifferent love and inclination,
inasmuch as our birth and the passing of the
first part of our age hath been in one nation, and
our principal seat and mansion, and the passing
of the latter part of our days is like to be in the
other. Which our equal and upright holding of
the balance between both nations, being the
highest point of all others in our distributive
justice, we give the world to know, that we are
constantly resolved to preserve inviolate against
all emulations and partialities, not making any
difference at all between the subjects of either
nation, in affection, honours, favours, gifts, em-
ployments, confidences, or the like; but only
such as the true distinctions of the persons,
being capable or not capable, fit or not fit,
acquainted with affairs or not acquainted with
affaire, needing our princely bounty or not need-
ing the same, approved to us by our experience
or not approved, meriting or not meriting, and
the several degrees of these and the like condi-
tions, shall in right reason tie us unto, without
any manner of regard to the country in itself; to
the end that they may well perceive, that in our
mind and apprehension they are all one and the
same nation : and that our heart is truly placed
in the centre of government, from whence all
lines to the circumference are equal and of one
space and distance.
But for the further advancing and perfecting of
this work, we have taken into our princely care and
cogitations, what it is that may appertain to our
own imperial power, right, and authority: and what
requireth votes and assents of our parliaments or
estates ; and, again, what may presently be done,
and what must be left to further time, that
our proceedings may be void of all inconvenience
and informality ; wherein, by the example of Al-
mighty God, who is accustomed to begin all his
great works and designments by alterations or
impositions of names, as the fittest means to im-
print in the hearts of people a character and ex-
pectation of that which is to follow ; we have
thought good to withdraw and discontinue the
divided names of England and Scotland out of
our regal style and title, and to use in place of
them the common and contracted name of Great
Britany : not upon any vainglory, whereof, we
persuade ourselves, our actions do sufficiently free
us in the judgment of all the world ; and if any
such humour should reign in us, it were better
satisfied by length of style and enumeration of
kingdoms : but only as a fit signification of that
which is already done, and a significant prefigu ra-
tion of that which we further intend. For as, in
giving names to natural persons, it is used to im-
pose them in infancy, and not to stay till fulness of
growth ; so it seemed to us not unseasonable to
bring in further use this name at the first, and to
proceed to the more substantial points of the union
after, as fast and as far as the common good of
both the realms should permit, especially con-
sidering the name of Britany was no coined, or
new-devised, or affected name at pleasure, but the
true and ancient name which God an<^ time hath
imposed, extant, and received in histories, in
cards, and in ordinary speech and writing, where
the whole island is meant to be denominated ; so
as it is not accompanied with so much as any
strangeness in common speech. And although
we never doubted, neither ever heard that any
other presumed to doubt, but that the form and
PHYSIOLOGICAL REMAINS.
455
tenor of oar regal style and title, and the delinea-
tion of the same, did only and wholly of mere
right appertain to our supreme and absolute pre-
rogative to express the same in such words or
sort as seemed good to our royal pleasure: yet
because we were to have the advice and assent of
our parliament concerning other points of the
union, we were pleased our said parliament
should, amongst the rest, take also the same into
their consideration. But finding by the grave
opinion of our judges, who are the interpreters of
our laws, that, in case that alteration of style
which seemed to us but verbal, should be esta-
blished and enacted by parliament, it might involve
by implication and consequence, not only a more
present alteration, but also a further innovation
than we any ways intended ; or at least might be
subject to some colourable scruple of such a
perilous construction : we rested well satisfied to
respite the same, as to require it by act of parlia-
ment. But being still resolved and fixed that it
may conduce towards this happy end of the better
uniting of the nations, we have thought good by
the advice of our council to take the same upon us
by our proclamation, being a course safe and free
from any of the perils or scruples aforesaid. And
therefore we do by these presents publish, pro-
claim, and assume to ourselves from henceforth,
according to our undoubted right, the style and
title of King of Great Britany, France, and Ireland,
and otherwise as followeth in our style formerly
used. And we do hereby straitly charge and com-
mand our chancellor, and all such as have the custo-
dy of any of our seals ; and all other our officers and
subjects whatsoever, to whom it may in any wise
appertain, that from henceforth, in all commissions,
patents, writs, processes, grants, records, instru-
ments, impressions, sermons, and all other writ-
ings and speeches whatsoever, wherein our style
is used to be set forth or recited, that our said
style, as is before by these presents declared and
prescribed, be only used, and no other. And be-
cause we do but now declare that which in truth
was before, our will and pleasure is, that in the
computation of our reign, as to all writings or in-
struments hereafter to be made, the same com-
putation be taken and made as if we had taken
upon us the style aforesaid immediately after
the decease of our late dear sister. And we do
notify to all our subjects, that if any person,
of what degree or condition soever he be, shall
impugn our said style, or derogate and detract
from the same by any arguments, speeches,
words, or otherwise; we shall proceed against
him, as against an offender against our crown and
dignity, and a disturber of the quiet and peace of
our kingdom, according to the utmost severity of
our laws in that behalf. Nevertheless, our mean-
ing is not, that where in any writ, pleading, or
other record, writing, instrument of speech, it hath
been used for mention to be made of England or
the realm of England, or any other word or words
derived from the same, and not of our whole and
entire style and title ; that therein any alteration
at all be used by pretext of this our proclamation,
which we intend to take place only where our whole
style shall be recited, and not otherwise ; and in the
other cases the ancient form to be used and observed.
PHYSIOLOGICAL REMAINS.
INQUISITIONS TOUCHING THE COMPOUNDING OF METALS.
To make proof of the incorporation of iron with
flint, or other stone. For if it can be incorporated
without over-great charge, or other incommodity,
the cheapness of the flint or stone doth make the
compound stuff profitable for divers uses. The
doubts may be three in number.
First, Whether they will incorporate at all,
otherwise than to a body that will not hold well
together, but become brittle and uneven t
Secondly, Although it should incorporate well,
yet whether the stuff will not be so stubborn as it
will not work well with a hammer, whereby the
charge in working will overthrow the cheapness
of the material t
Thirdly, Whether they will incorporate, except
the iron and stone be first calcined into powder t
And if not, whether the charge of the calcination
will not eat out the cheapness of the material 1
The uses arc most probable to be ; first, for the
implements of the kitchen ; as spits, ranges, cob-
irons, pots, etc.; then for the wars, as ordnance,
portcullises, grates, chains, etc.
Note ; the finer works of iron are not so proba-
ble to be served with such a stuff; as locks,
clocks, small chains, etc., because the stuff is not
like to he tough enough.
For the better use, in comparison of iron, it is
like the stuff will be far lighter : for the weight
466
PHYSIOLOGICAL REMAIN8.
of iron to flint is double and a third part ; and, se-
condly, it is like to rust not so easily, but to be
more clean.
The ways of trial are two : first, by the iron and
stone of themselves, wherein it must be inquired
what are the stones that do easiliest melt. Se-
condly, with an additament, wherein brimstone is
approved to help to the melting of iron or steel.
But then it must be considered, whether the
charge of the additament will not destroy the
profit.
It must be known also, what proportion of the
atone the iron will receive to incorporate well
with it, and that with once melting ; for if either
the proportion be too small, or that it cannot be
received but piecemeal by several meltings, the
work cannot be of value.
To make proof of the incorporating of iron and
brass. For the cheapness of the iron in compa-
rison of the brass, if the uses may be served,
doth promise profit. The doubt will be touching
their incorporating ; for that it is approved, that
iron will not incorporate, neither with brass nor
other metals, of itself, by simple fire : so as the
inquiry must be upon the calcination, and the
additament, and the charge of them.
The uses will be for such things as are now
made of brass, and might be as well served by the
compound stuff; wherein the doubts will be
chiefly the toughness, and of the beauty.
First, therefore, if brass ordnance could be made
of the compound stuff, in respect of the cheapness
of the iron, it would be of great use.
The vantage which brass ordnance hath over
iron, is chiefly, as I suppose, because it will hold
the blow, though it be driven far thinner than the
iron can-be ; whereby it saveth both in the quan-
tity of the material, and in the charge and com-
modity of mounting and carriage, in regard, by
reason of the thinness, it beareth much less
weight: there may be also somewhat in being
not so easily overheated.
Secondly, for the beauty. Those thinge wherein
the beauty or lustre are esteemed, are andirons,
and all manner of images, and statues, and co-
lumns, and tombs, and the like. So as the doubt
will be double for the beauty ; the one, whether
the colour will please so well, because it will not
be so like gold as brass 1 The other, whether it
will polish so well 1 Wherein for the latter it
will ; for steel glosses are more resplendent than
the like plates of brass would be ; and so is the
glittering of a blade. And, besides, I take it,
andiron brass, which they call white brass, hath
some mixture of tin to help the lustre. And, for
the golden colour, it may be by some small mix-
ture of orpiment, such as they use to brass in the
yellow alchemy ; it will easily recover that which
the iron loseth. Of this, the eye must be the judge
upon proof made.
But now for pans, pots, curfews, counters, and
the like, the beauty will not be so much respected,
so as the compound stuff is like to pass.
For the better use of the compound staff, it will
be sweeter and cleaner than brass alone, which
yieldeth a smell or soiliness ; and therefore may
be better for the vessels of the kitchen and brew-
ing. It will also be harder than brass, where
hardness may be required.
For the trial, the doubts will be two: first, tbs
over- weight of brass towards iron, which will
make iron float on the top in the melting. This,
perhaps, will be holpen with the calaminar stone,
which consenteth so well with brass, and, as I
take it, is lighter than iron. The other doubt will
be the stiffness and dryness of iron to melt; which
must be holpen either by moistening the iron, or
opening it. For the first, perhaps soma mixture
of lead will help. Which is as much more liquid
than brass, as iron is less liquid. The opening
may be holpen by some mixture of sulphur : so
as the trials would be with brass, iron, caHminar
stone, and sulphur; and then, again, with the
same composition, and an addition of some lead ;
and in all this the charge must be considered,
whether it eat not out the profit of the cheapness
of iron 1
There be two proofs to be made of incorporation
of metals for magnificence and delicacy. The one
for the eye, and the other for the ear. Statue-
metal, and bell-metal, and trumpet-metal, and
string-metal ; in all these, though the mixture of
brass or copper should be dearer than the brass
itself, yet the pleasure will advance the price to
profit.
First, therefore, for statue-metal, see Pliny's
mixtures, which are almost forgotten, and consider
the charge.
Try, likewise, the mixture of tin in large pro-
portion with copper, and observe the colour and
beauty, it being polished. But chiefly let proof
be made of the incorporating of copper or brass
with glass-metal, for that is cheap, and is like to
add a great glory and shining.
For bell-metal. First, it is to be known what
is the composition which is now in use. Secondly,
it is probable that it is the dryness of the mend
that doth help the clearness of the sound, and the
moistness that dulleth it; and therefore the mix-
tures that are probable, are steel, tin, glass-metal.
For string-metal, or trumpet-metal, it is the
same reason ; save that glass-metal may not be
used, because it will make it too brittle; and
trial may be made with mixture of silver, it being
but a delicacy, with iron or brass.
To make proof of the incorporation of silver and
tin in equal quantity, or with two parts silver and
one part tin, and to observe whether it be of equal
beauty and lustre with pure silver ; and also whe-
ther it yield no soiliness more than silver 1 And,
again, whether it will endure the ordinary lire
which belongeth to chafing-dishes, posnets,and
PHYSIOLOGICAL REMAINS.
457
such other silver vessels 1 And if it do not endure
the fire, yet whether by some mixture of iron it
may not be made more fixed 1 For if it be in
beauty and all the uses aforesaid equal to silver,
it were a thing of singular profit to the state, and
to all particular persons, to change silver plate or
vessel into the compound stuff, being a kind of
silver electre, and to turn the rest into coin. It
may be also questioned, whether the compound
stuff will receive gilding as well as silver, and
with equal lustre? It is to be noted, that the
common allay of silver coin is brass, which doth
discolour more, and is not so neat as tin.
The drownings of metals within other metals,
in such sort as they can never rise again, is a
thing of great profit. For if a quantity of silver
can be so buried in gold, as it will never be
reduced again, neither by fire, nor parting waters,
nor other ways : and also that it serves all uses as
well as pure gold, it is in effect all one as if so
much silver were turned into gold; only the
weight will discover it ; yet that taketh off but
half of the profit; for gold is not fully double
weight to silver, but gold is twelve times price to
silver.
The burial must be by one of these two ways,
either by the smallness of the proportion, as per-
haps fifty to one, which will be but sixpence
gains in fifty shillings ; or it must be holpen by
somewhat which may fix the silver, never to be
restored or vapoured away, when it is incorpo-
rated into such a mass of gold ; for the less quan-
tity is ever the harder to sever: and for this
purpose iron is the likest, or coppel stuff, upon
which the fire hath no power of consumption.
The making of gold seemeth a thing scarcely
possible ; because gold is the heaviest of metals,
and to add matter is impossible : and, again, to
drive metals into a narrower room than their natu-
ral extent beareth, is a condensation hardly to be
expected. But to make silver seemeth more easy,
because both quicksilver and lead are weightier
than silver : so as there needeth only fixing, and
not condensing. The degeee unto this, that is
already known, is infusing of quicksilver in a
parchment, or otherwise, in the midst of molten
lead when it cooleth ; for this stupefieth the quick-
silver that it runneth no more. This trial is to be
advanced three ways. First, by iterating the
melting of the lead, to see whether it will not
make the quicksilver harder and harder. Secondly,
to put realgar hot into the midst of the quicksilver,
whereby it may be condensed, as well from within
as without. Thirdly, to try it in the midst of
molten iron, or molten steel, which is a body more
likely to fix the quicksilver than lead. It may be
also tried, by incorporating powder of steel, or
coppel dust, by pouncing, into the quicksilver,
and so to proceed to the stupefying.
Upon glass four things would be put in proof.
Vol. II— 68
The first, means to make the glass more crystal-
line. The second, to make it more strong for
falls, and for fire, though it come not to the de-
gree to be malleable. The third, to make it
coloured by tinctures, comparable to or exceeding
precious stones. The fourth, to make a compound
body of glass and galletyle ; that is, to have the
colour milky like a chaicedon, being a stuff be-
tween a porcelane and a glass.
For the first, it is good first to know exactly
the several materials whereof the glass in use is
made ; window-glass, Normandy and Burgundy,
ale-house glass, English drinking-glass : and
then thereupon to consider what the reason is of
the coarseness or clearness ; and from thence to
rise to a consideration how to make some addita-
ments to the coarser materials, to raise them to
the whiteness and crystalline splendour of the
finest.
For the second, we see pebbles, and some other
stones, will cut as fine as crystal, which, if they
will melt, may be a mixture for glass, and may
make it more tough and more crystalline. Besides,
we see metals will vitrify; and perhaps some
portion of the glass of metal vitrified, mixed in
the pot of ordinary glass-metal, will make the
whole mass more tough.
For the third, it were good to have of coloured
window-glass, such as is coloured in the pot, and
not by colours
It is to be known of what stuff galletyle it
made, and how the colours in it are varied ; and
thereupon to consider how to make the mixture of
glass-metal and them, whereof I have seen the
example.
Inquire what be the stones that doeasiliest melt.
Of them take half a pound, and of iron a pound
and half, and an ounce of brimstone, and see
whether they will incorporate, being whole, with
a strong fire. If not, try the same quantities cal-
cined : and if they will incorporate, make a plate
of them, and burnish it as they do iron.
Take a pound and a half of brass, and half a
pound of iron; two ounces of the calaminar
stone, an ounce and a half of brimstone, an ounce
of lead ; calcine them, and see what body they
make; and if they incorporate, make a plate of it
burnished.
Take of copper an ounce and a half, of tin an
ounce, and melt them together, and make a plate
of them burnished.
Take of copper an ounce and a half, of tin an
ounce, of glass-metal half an ounce ; stir them
well in the boiling, and if they incorporate, make
a plate of them burnished.
Take of copper a pound and a half, tin four
ounces, brass two ounces ; make a plate of them
burnished.
Take of silver two ounces, tin half an ounce;
make a little say-cup of it, and burnish it.
2Q
458
PHYSIOLOGICAL REMAINS.
To inquire of the materials of every of the kind
of glasses, coarser and finer, and of the proportions.
Take an equal quantity of glass-metal, of stone
calcined, and bring a pattern.
Take an ounce of vitrified metal, and a pound
of ordinary glass-metal, and see whether they
will incorporate, and bring a pattern.
Bring examples of all coloured glasses, and
learn the ingredients whereby they are coloured.
Inquire of the substance of galletyle.
ARTICLES OF QUESTIONS
TOUCHING
MINERALS.
THE LORD BACON'S QUESTIONS, WITH DR. MEVEREL'S SOLUTIONS.
Concerning the compounding, incorporating, or
union of metal* or minerals. Which subject is
the first letter of his Lordship's Alphabet.
With what metals gold will incorporate by sim-
ple colliquefaction, and with what not] And in
what quantity it will incorporate ; and what kind
of body the compound makes 1
Gold with silver, which was the ancient " elec-
trnm:" gold with quicksilver: gold with lead:
gold with copper: gold with brass: gold with
iron : gold with tin.
So likewise of silver : silver with quicksilver :
silver with lead : silver with copper : silver with
brass: silver with iron: "Plinius secund. lib.
xxxiii. 9. Miscuit denario triumvir Antonius fer-
rora," silver with tin.
So likewise of quicksilver: quicksilver with
lead : quicksilver with copper : quicksilver with
brass : quicksilver with iron : quicksilver with tin.
So of lead : lead with copper : lead with brass :
lead with iron : lead with tin. " Plin. xxziv. 9."
So of copper : copper with brass : copper with
iron : copper with tin.
So of brass : brass with iron : brass with tin.
So of iron : iron with tin.
What be the compound metals that are common
and known 1 And what are the proportions of
their mixtures 1 As,
Latten of brass, and the calaminar stone.
Pewter of tin and lead.
Bell-metal of etc. and the counterfeit plate,
which they call alchemy.
The decomposites of three metals or more, are
too long to inquire of, except there be some com-
positions of them already observed.
It is also to be observed, whether any two
metals, which will not mingle of themselves, will
mingle with the help of another ; and what.
What compounds will be made of metal with
stone and other fossils ; as latten is made with
brass and the calaminar stone ; as all the metals
incorporate with vitriol ; all with iron powdered ;
all with flint, etc.
Some few of these would be inquired of, to dis-
close the nature of the rest.
Whether metals or other fossils will incorpo-
rate with molten glass, and what body it makes!
The quantity in the mixture would be well
considered ; for some small quantity perhaps will
incorporate, as in the allays of gold and silver
coin.
Upon the compound body, three things are
chiefly to be observed: the colour; the fragility
or pliantness ; the volatility or fixation, compared
with the simple bodies.
For present use or profit, this is the role : con-
sider the price of the two simple bodies ; consider
again the dignity of the one above the other in
use ; then see if you can make a compound, that
will save more in price, than it will lose in dig-
nity of the use.
As for example ; consider the price of brass
ordnance ; consider again the price of iron ord-
nance, and then consider whether the brass ord-
nance doth excel the iron ordnance in use ; then
if you can make a compound of brass and iron
that will be near as good in use, and much cheaper
in price, then there is profit both to the private
and the commonwealth. So of gold and silver,
the price is double of twelve : the dignity of gold
above silver is not much, the splendour is alike,
and more pleasing to some eyes, as in cloth of
silver, silver rapiers, etc. The main dignity is,
that gold bears the fire, which silver doth not :
but that is an excellency in nature, but it is no-
thing at all in use ; for any dignity in use I know
none, but that silvering will sully and canker
more than gilding ; which, if it might be corrected
with a little mixture of gold, there is profit: and
I do somewhat marvel that the latter ages have
lost the ancient " electrum," which was a mixture
PHYSIOLOGICAL REMAINS.
459
of silver with gold : whereof I conceive there
may be much use, both in coin, plate, and gilding.
It is to be noted, that there is in the version of
metals impossibility, or at least great difficulty,
as in making of gold, silver, copper. On the
other side, in the adulterating or counterfeiting of
metals, there is deceit and villany. But it should
seem there is a middle way, and that is by new
compounds, if the ways of incorporating were
well known.
What incorporation or imbibition metals will
receive from vegetables, without being dissolved
in their substance : as when the armourers make
their steel more tough and pliant, by aspersion of
water or juice of herbs ; when gold being grown
somewhat churlish by recovering, is made more
pliant by throwing in shreds of tanned leather, or
by leather oiled.
Note, that in these and the like shows of imbi-
bition, it were good to try by the weights, whether
the weight be increased, or no; for if it be not,
it is to be doubted that there is no imbibition of
substance, but only that the application of that
other body doth dispose and invite the metal to
another posture of parts than of itself it would
have taken.
Alter the incorporation of metals by simple col-
liquefaction, for the better discovery of the nature
and consents and dissents of metals, it would be
likewise tried by incorporating of their dissolu-
tions. What metals being dissolved in strong
waters will incorporate well together, and what
not 1 Which is to be inquired particularly, as it
was in colliquefactions.
There is to be observed in those dissolutions
which will not easily incorporate, what the effects
are: as the bullition; the precipitation to the
bottom ; the ejaculation towards the top ; the sus-
pension in the midst; and the like.
Note, that the dissents of the menstrual or
strong waters may hinder the incorporation, as
well as the dissents of the metals themselves;
therefore, where the " menstrua" are the same,
and yet the incorporation followeth not, you may
conclude the dissent is in the metals ; but where
the "menstrua" are several, not so certain.
Dr. MkvereTs annvcri to the foregoing questions,
oneeming the compounding, incorporating, or
union of metals and minerals.
Gold will incorporate with silver in any pro-
portion. Plin. lib. xxxiii. cap. 4. " Omni auro
inest argentum vario pondere; alibi dena, alibi
nona, alibi octava parte. — Ubicunque quinta
argenti portio invenitur, elect™ m vocatur." The
body remains fixed, solid, and coloured, according
to the proportion of the two metals.
Gold with quicksilver easily mixeth, but the
product is imperfectly fixed ; and so are all other
metals incorporated with mercury.
Gold incorporates with lead in any proportion.
Gold incorporates with copper in any propor-
tion, the common allay.
Gold incorporates with brass in any proportion.
And what is said of copper is true of brass, in the
union of other metals.
Gold will not incorporate with iron.
Gold incorporates with tin, the ancient allay,
Isa. i. 25.
What was said of gold and quicksilver, may be
said of quicksilver and the rest of metals.
Silver with lead in any proportion.
Silver incorporates with copper. Pliny men-
tions such a mixture for triumphales statute, lib.
xxxiii. 9. " Miscentur argento, tertia pars eris
Cyprii tenuissimi, quod coronarium vocant, et
sulphuris vivi quantum argenti." The same is
true of brass.
Silver incorporates not with iron. Wherefore
I wonder at that which Pliny hath, lib. xxxiii. 9.
" Miscuit denario triumvir Antonius ferrum." And
what is said of this is true in the rest ; for iron
incorporated with none of them.
Silver mixes with tin.
Lead incorporates with copper. Such a mix-
ture was the pot-metal whereof Pliny speaks,
lib. xxxiv. 9. " Ternis aut quatemis libris plumbi
argentarii in centenas eris odditis."
Lead incorporates with tin. The mixture of
these two in equal proportions, is that which was
anciently called " plumbum argentarium." Plin.
lib. xxxiv. 17.
Copper incorporates with tin. Of such a mix-
ture were the mirrors of the Romans. Plin. "Atque
ut omnia de speculis peragantur hoc loco, optima
apud majores erant Brundusina, stanno et ere
mistis." Lib. xxxiii. 9.
Compound metals now in use.
1. Fine tin. The mixture is thus : pure tin a
thousand pounds, temper fifty pounds, glass of tin
three pounds,
2. Coarse pewter is made of fine tin and lead.
Temper is thus made : the dross of pure tin, four
pounds and a half; copper half a pound.
3. Brass is made of copper and " calaminaris."
4. Bell-metal. Copper, a thousand pounds ; tin,
from three hundred to two hundred pounds; brass,
a hundred and fifty pounds.
5. Pot-metal, copper and lead.
6. White alchemy is made of pan-brass one
pound, and "arsenicum" three ounces.
7. Red alchemy is made of copper and auripig-
ment.
There be divers imperfect minerals, which
will incorporate with the metals: being indeed
metals inwardly, but clothed with earth and
stones : as "pyritis, calaminaris, misy, chalcitis,
sory, vitriolum."
Metals incorporate not with glass, except they
be brought into the form of glass.
460
PHYSIOLOGICAL REMAINS*
Metals dissolved. The dissolution of gold and
silver disagree, so that in their mixture there is
great ebullition, darkness, and in the end a pre-
cipitation of a black powder.
The mixture of gold and mercury agree.
Gold agrees with iron. In a word, the dissolu-
tion of mercury and iron agree with all the rest.
Silver and copper disagree, and so do silver and
lead. Silver and tin agree.
Tne second letter of the cross-row, touching the
separation of metals and minerals.
Separation is of three sorts ; the first is, the
separating of the pure metal from the ore or dross,
which we call refining. The second is, the draw-
ing one metal or mineral out of another, which
we call extracting. The third is, the separating
of any metal into its original or " materia prima,"
or element, or call them what you will ; which
work we will call principiation.
1. For refining, we are to inquire of it according
to the several metals ; as gold, silver, &c. Incident-
ally we are to inquire of the first stone, or ore, or
spar, or marcasite of metals severally, and what
kind of bodies they are, and of the degrees of
richness. Also we are to inquire of the means of
separating, whether by fire, parting waters, or
otherwise. Also for the manner of refining, you
are to see how you can multiply the heat, or
hasten the opening, and so safe the charge in the
fining.
The means of this in three manners ; that is to
say, in the blast of the fire ; in the manner of the
furnace, to multiply heat by union and reflection ;
and by some additament, or medicines which will
help the bodies to open them the sooner.
Note, the quickening of the blast, and the multi-
plying of the heat in the furnace, may be the same
for all metals ; but the additaments must be seve-
ral, according to the nature of the metals. Note,
again, that if you think that multiplying of the
additaments in the same proportion that you mul-
tiply the ore, the work will follow, you may be
deceived: for quantity in the passive will add
more resistance, than the same quantity in the
active will add force.
2. For extracting, you are to inquire what me-
tals contain others, and likewise what not; as
lead, silver ; copper, silver, &c.
Note, although the charge of extraction should
exceed the worth, yet, that is not the matter: for
at least it will discover nature and possibility, the
other may be thought on afterwards.
We are likewise to inquire, what the differences
are of those metals which contain more or less
other metals, and how that agrees with the poor-
ness or richness of the metals or ore in them-
selves. As the lead that contains most silver is
accounted to be more brittle, and yet otherwise
poorer in itself.
3. For principiation, I cannot affirm whether
there be any such thing or not ; and 1 think the
chymists make too much ado about it; but how-
soever it be, be it solution or extraction, or a kind
of conversion by the fire ; it is diligently to be
inquired what salts, sulphur, vitriol, mercury, or
the like simple bodies are to be found in the seve-
ral metals, and in what quantity.
Dr. MevercTs answers to the foregoing questions,
touching the separations of metals and minerals.
1. For the means of separating. After that the
ore is washed, or cleansed from the earth, there is
nothing simply necessary, save only a wind fur-
nace well framed, narrow above and at the hearth,
in shape oval, sufficiently fed with charcoal and
ore, in convenient proportions.
For additions in this first separation, I have
observed none ; the dross the mineral brings being
sufficient. The refiners of iron observe, that that
ironstone is hardest to melt which is fullest of
metal, and that easiest which hath most dross.
But in lead and tin the contrary is noted. Yet
in melting of metals, when they have been cal-
cined formerly by fire, or strong waters, there is
good use of additaments, as of borax, tartar, ar-
moniac, and saltpetre.
2. In extracting of metals. Note, that lead
and tin contain silver. Lead and silver contain
gold. Iron contains brass. Silver is beat sepa-
rated from lead by the test. So gold from stiver.
Yet the best way for that is " aqua regia."
3. For principiation. I can truly and boldly
affirm, that there are no such principles as sal,
sulphur, and mercury, which can be separated
from any perfect metals ; for every part so sepa-
rated, may easily be reduced into perfect metal
without substitution of that, or those principles
which chymists imagine to be wanting* As, sup-
pose you take the salt of lead; this salt, or as some
name it, sulphur, may be turned into perfect lead,
by melting it with the like quantity of lead which
contains principles only for itself.
I acknowledge that there is quicksilver and
brimstone found in the imperfect minerals : but
those are nature's remote materials, and not the
chy mist's principles. As, if you dissolve antimo-
ny by " aqua regia," there will be real brimstone
swimming upon the water* as appears by the
colour of the fire when it is burnt, and by the
smell.
The third letter of the cross-row, touching the va-
riation of metals into several shapes, bodies, or
natures, the particulars whereof follow.
Tincture : turning to rust ; calcination ; subli-
mation : precipitation : amalgamating, or turn-
ing into a soft body ; vitrification : opening or dis-
solving into liquor; sprouting*, or branchings, or
PHYSIOLOGICAL REMAINS.
461
mrborescents ; induration and mollification ; making
tough or brittle ; volatility and fixation ; transmu-
tation, or version.
For tincture : it is to be inquired how metal
may be tinged through and through, and with
what, and into what colours ; as tinging silver
yellow, tinging copper white, and tinging red,
green, blue ; especially with keeping the lustre.
Item, tincture of glasses.
Item, tincture of marble, flint, or other stone.
For turning into rust, two things are chiefly to
be inquired ; by what corrosives it is done, and
into what colours it turns ; as lead into white,
which they call " ceruss ;" iron into yellow, which
they call " crocus martis ;" quicksilver into vermi-
lion ; brass into green, which they call verdigris.
For calcination ; how every metal is calcined,
and into what kind of body, and what is the ex-
quisitest way of calcination.
For sublimation ; to inquire the manner of sub-
liming, and what metals endure subliming, and
what body the sublimate makes.
For precipitation likewise; by what strong
water every metal will precipitate, and with what
additaments, and in what time, and into what body.
So for amalgam a ; what metals will endure it,
what are the means to do it, and whatis the manner
of the body.
For vitrification likewise ; what metals will en-
dure it, what are the means to do it, into what
colour it turns ; and, farther, where the whole metal
is turned into glass, and where the metal doth bnt
hang in the glassy parts ; also what weight the
vitrified body bears, compared with the crude
body ; also because vitrification is accounted a
kind of death of metals, what vitrification will
admit of turning back again, and what not.
For dissolution into liquor, we are to inquire
what is the proper " menstruum" to dissolve any
metal, and in the negative, what will touch upon
the one and not upon the other, and what several
•* menstrua" will dissolve any metal, and which
most exactly. " Item," the process or motion of
the dissolution, the manner of rising, boiling, va-
pouring more violent, or more gentle, causing
much heat or less. " Item," the quantity or charge
that the strong water will bear, and then give over:
44 Item/' the colour into which the liquor will
turn. Above all, it is to be inquired, whether
there be any " menstruum" to dissolve any metal
that is not fretting, or corroding; and openeththe
body by sympathy, and not by mordacity or vio-
lent penetration.
For sprouting or branching, though it be a
thing but transitory, and a kind of toy or pleasure,
yet there is a more serious use of it : for that it
discovereth the delicate motions of spirits, when
they put forth and cannot get forth, like unto that
which is in vegetables.
For induration, or mollification; it is to be in-
quired what will make metals harder and harder,
and what will make them softer and softer.
And this inquiry tendeth to two ends ; first, for
use ; as to make iron soft by the fire makes it mal-
leable. Secondly, because induration is a degree
towards fixation, and mollification towards vola-
tility ; and therefore the inquiry of them will give
light towards the other.
For tough and brittle, they are much of the
same kind, but yet worthy of an inquiry apart, es-
pecially to join hardness with toughness, as making
glass malleable, etc., and making blades strong to
resist and pierce, and yet not easy to break.
For volatility and fixation. It is a principal
branch to be inquired. The utmost degree of fix-
ation is that whereon no fire will work, nor strong
water joined with fire, if there be any such fixa-
tion possible. The next is, when fire simply will
not work without strong waters. The next is by
the test. The next is when it will endure fire not
blown, or such a strength of fire. The next is
when it will not endure, but yet is malleable.
The next is when it is not malleable, but yet is not
fluent, but stupefied. So of volatility, the utmost
degree is when it will fly away without returning.
The next is when it will fly up, but with ease re-
turn. The next is when it will fly upwards over the
helm by a kind of exsufflation without vapouring.
The next is when it will melt, though not rise.
The next is when it will soften, though not melt.
Of all these diligent inquiry is to be made in seve-
ral metals, especially of the more extreme degrees.
For transmutation or version. If it be real and
true, it is the farthest part of art, and would be
well distinguished from extraction, from restitu-
tion, and from adulteration. I hear much of turn-
ing iron into copper ; I hear also of the growth of
lead in weight, which cannot be without a con-
version of some body into lead : but whatsoever
is of this kind, and well expressed, is diligently
to be inquired and set down.
Dr. MeverePs answers to the foregoing questions*
concerning the variation of metals and minerals,
1. For tinctures, there are none that I know,
but that rich variety which springs from mixture
of metals with metals, or imperfect minerals.
2. The imperfect metals are subject to rust, all
of them except mercury, which is made into ver-
milion by solution, or calcination. The rest are
rusted by any salt, sour, or acid water. Lead
into a white body, called cerussa. Iron into a pale
red, called ferrugo. Copper is turned into green,
named aerugo, aes viride. Tin into white: but
this is not in use, neither hath it obtained a name.
The Scriptures mention the rust of gold, but
that is in regard of the allay.
3. Calcination. All metals maybe calcined by
strong waters, or by admixtion of salt, sulphur,
and mercury. The imperfect metals may be cal-
cined by continuance of simple fire ; iron thus
calcined is called ciocus martis.
2q2
463
PHYSIOLOGICAL REMAINS.
And this is their best way. Gold and silver are
best calcined by mercury. Their colour is gray.
Lead calcined is very red. Copper dusky red.
4. Metals are sublimed by joining them with
mercury or salts. As silver with mercury, gold
with sal armoniac, mercury with vitriol.
5. Precipitation is, when any metal being dis-
solved into a strong water, is beaten down into a
powder by salt water. The chiefest in this kind
is oil of tartar.
6. Amalgamation is the joining or mixing of
mercury with any other of the metals. The man-
ner is this in gold, the rest are answerable : take
six parts of mercury, make them hot in a crucible,
and pour them to one part of gold made red hot
in another crucible : stir these well together that
they may incorporate ; which done, cast the mass
into cold water and wash it. This is called the
amalgams of gold.
7. For vitrification. All the imperfect metals
may be turned by strong fire into glass, except
mercury : iron into green ; lead into yellow ; brass
into blue ; tin into pale yellow. For gold and
silver, I have not known them vitrified, except
joined with antimony. These glassy bodies may
be reduced into the form of mineral bodies.
8. Dissolution. All metals without exception
may be dissolved.
(1.) Iron may be dissolved by any tart, salt, or
vitriolated water; yea, by common water, if it be
first calcined with sulphur. It dissolves in aqua
fortis, with great ebullition and heat, into a red
liquor, so red as blood.
(2.) Lead is fittest dissolved in vinegar, into a
pale yellow, making the vinegar very sweet.
(3.) Tin is best dissolved with distilled salt
water. It retains the colour of the menstruum.
(4.) Copper dissolves as iron doth, in the same
liquor, into a blue.
(5.) Silver hath its proper menstruum, which
is aqua fortis. The colour is green, with great
heat and ebullition.
(6.) Gold is dissolved with aqua regia, into a
yellow liquor, with little heat or ebullition.
(7.) Mercury is dissolved with much heat and
boiling, into the same liquors which gold and silver
are. It alters not the colour of the menstruum.
Note. Strong waters may be charged with half
their weight of fixed metals, and equal of mer-
cury ; if the workmen be skilful.
9. Sprouting. This is an accident of dissolu-
tion. For if the menstruum be overcharged,
then within short time the metals will shoot into
certain crystals.
10. For induration, or mollification, they depend
upon the quantity of fixed mercury and sulphur.
I have observed little of them, neither of tough-
ness nor brittleness.
11. The degrees of fixation and volatility I
acknowledge, except the two utmost, which never
were observed.
12. The question of transmutation is very doubt-
ful. Wherefore I refer your honour to the fourth
tome of "Theatrum Chymicum:" and there, to
that tract which is entitled u Disquisitio Heliana;"
where you shall find full satisfaction.
The fourth Utter of the cross-row, touching rati-
tution.
First, therefore, it is to be inquired in the nega-
tive, what bodies will never return, either by their
extreme fixings, as in some vitrifications, or by
extreme volatility.
It is also to be inquired of the two means of
reduction ; and first by the fire, which is but by
congregation of homegeneal parts.
The second is, by drawing them down by some
body that hath consent with them. As iron draw-
eth down copper in water; gold drawelh quick-
silver in vapour; whatsoever is of this kind, is
very diligently to be inquired.
Also it is be inquired what time, or age, will
reduce without help of fire or body.
Also it is to be inquired what gives impediment
to union or restitution, which is sometimes called
mortification; as when quicksilver is mortified
with turpentine, spittle, or butter.
Lastly, it is to be inquired, how the metal
restored, diffejeth in any thing from the metal
rare: as whether it become not more churlish,
altered in colour, or the like.
Dr. MeverePs answers touching the restitutions of
metals and minerals.
Reduction is chiefly effected by fire, wherein
if they stand and nele, the imperfect metals va-
pour away, and so do all manner of salts which
separated them " in minimas partes" before.
Reduction is singularly holpen, by joining
store of metal of the same nature with it in the
melting.
Metals reduced are somewhat churlish, but not
altered in colour.
THE LORD VERULAM'S INQUISITION
Concerning the versions, transmutations, multiple
cations, and affections of bodies.
Earth by fire is turned into brick, which is of
the nature of a stone, and serveth for building, as
stone doth : ai:d the like of tile. Qu. the manner.
Naphtha, which was the bituminous mortar
used in the walls of Babylon, grows to an entire
and very hard matter, like a stone.
In clay countries, where there is pebble and
gravel, you shall find great stones, where you
may see the pebbles or gravel, and between them
a substance of stone as hard or harder than the
pebble itself.
There are some springs of water, wherein if
you put wood, it will turn into the nature of stone :
PHYSIOLOGICAL REMAINS.
463
so a9 that within the water shall be stone, and
that above the water continue wood.
The slime about the reins and bladder in man's
body, turns into stone : and stone is likewise
found often in the gall ; and sometimes, though
rarely, in '* vena porta."
Query, what time the substance of earth in
quarries asketh to be turned into stone ?
Water, as it seems, turneth into crystal, as is
seen in divers caves, where the crystal hangs " in
stillicidiis."
Try wood, or the stalk of herbs, buried in
quicksilver, whether it will not grow hard and
stony.
They speak of a stone engendered in a toad's
head.
There was a gentleman, digging in his moat,
found an egg turned into stone, the white and the
yolk keeping their colour, and the shell glistering
like a stone cut with corners.
Try some things put into the bottom of a well ;
as wood, or some soft substance : but let it not
touch the water, because it may not putrefy.
They speak, that the white of an egg^ with
lying long in the sun, will turn stone.
Mud in water turns into shells of fishes, as in
horse-mussels, in fresh ponds, old and overgrown.
And the substance is a wondrous fine substance,
light and shining.
A 8PEECH TOUCHING THE RECOVERING
OF DROWNED MINERAL WORK8.
Prepared for the parliament (a* Mir. Bushel affirm-
ed) by the Viscount of St, Albans, then Lord High
Chancellor of England.*
My Lords and Gentlemen,
The king my royal master, was lately gra-
ciously pleased to move some discourse to me
concerning Mr. Sutton's hospital, and such like
worthy foundations of memorable piety : which,
humbly seconded by myself, drew his majesty
into a serious consideration of the mineral trea-
sures of his own territories, and the practical dis-
coveries of them by way of my philosophical
theory: which he then so well resented, that
afterwards, upon a mature digestion of my whole
design, he commanded me to let your lordships
understand, how great an inclination he hath to
further so hopeful a work, for the honour of his
dominions, as the most probable means to relieve
all the poor thereof, without any other stock or
benevolence, than that which divine bounty
should confer on their own industries and honest
labours, in recovering all such drowned mineral
works as have been, or shall be therefore de-
serted.
And, my lords, all that is now desired of his
* Bee Mr. B.'t extract, p. 18, 10.
majesty and your lordships, is no more than a
gracious act of this present parliament to authorize
them herein, adding a mercy to a munificence,
which is, the persons of such strong and able
petty felons, who, in true penitence for their
crimes, shall implore his majesty's mercy and
permission to expiate their offences by their assi-
duous labours in so innocent and hopeful a work.
For by this unchangeable way, my lords, have
I proposed to erect the academical fabric of this
island's Solomon's House, modelled in my New
Atlantis. And I can hope, my lords, that my
midnight studies, to make our countries flourish
and outvie European neighbours in mysterious-
and beneficent arts, have not so ungratefully
affected your noble intellects, that you will delay
or resist his majesty's desires, and my humble
petition in this benevolent, yea, magnificent
affair ; since your honourable posterities may be
enriched thereby, and my ends are only to make
the world my heir, and the learned fathers of my
Solomon's House, the successive and sworn
trustees in the dispensation of this great service,
for God's glory, my prince's magnificence, this
parliament's honour, our country's general good,
and the propagation of my own memory.
And I may assure your lordships, that all my
proposals in order to this great archetype, seemed
so rational and feasible to my royal sovereign, our
Christian Solomon, that I thereby prevailed with
his majesty to call this honourable parliament, to
confirm and impower me in my own way of
mining, by an act of the same, after his majesty's
more weighty affairs were considered in your
wisdoms ; both which he desires your lordships,
and you gentlemen that are chosen as the patriots
of your respective countries, to take speedy care
of: which done, I shall not then doubt the happy
issue of my undertakings in this design, whereby
concealed treasures, which now seem utterly lost
to mankind, shall be confined to so universal a
piety, and brought into use by the industry of
converted penitents, whose wretched carcasses the
impartial laws have, or shall dedicate, as untimely
feasts, to the worms of the earth, in whose womb
those deserted mineral riches must ever lie buried
as lost abortments, unless those be made the
active midwives to deliver them. For, my lords,
I humbly conceive them to be the fittest of all
men to effect this great work, for the ends and
causes which I have before expressed.
All which, my lords, I humbly refer to your
grave and solid judgments to conclude of, together
with such other assistances to this frame, as your
own oraculous wisdom shall intimate, for the
magnifying our Creator in his inscrutable provi-
dence, and admirable works of nature.
Certain experiments made by the Lord Bacon about
weight in air and water.
A new sovereign of equal weight in the air to
464
PHYSIOLOGICAL REMAINS.
the piece in brass, overweigheth in the water nine
grains : in three sovereigns the difference in the
water is but twenty-four grains.
The same sovereign overweigheth an equal
weight of lead, four grains in the water, in brass
grains for gold : in three sovereigns about eleven
grains.
The same sovereign overweigheth an equal
weight of stones in the air, at least sixty-five
grains in the water: the grains being for the
weight of gold in brass metal.
A glass filled with water weighing, in Troy
weights, thirteen ounces and five drams, the glass
and the water together weigheth severally, viz.
the water nine ounces and a half, and the glass
four ounces and a dram.
A bladder weighing two ounces seven drams
and a half, a pebble laid upon the top of the blad-
der makes three ounces six drams and a half, the
atone weigheth seven drams.
The bladder, as above, blown, and the same
fallen, weigheth equal.
A sponge dry weigheth one ounce twenty-six
grains : the same sponge being wet, weigheth four-
teen ounces six drams and three-quarters: the water
weigheth in several eleven ounces one dram and
a half, and the sponge three ounces and a half,
and three-quarters of a dram. First time.
The sponge and water together weigh fifteen
ounces and seven drams: in several, the water
weigheth eleven ounces and seven drams, and the
sponge three ounces seven drams and a half. Se-
cond time.
Three sovereigns made equal to a weight in
silver in the air, differ in the water.
For false weights, one beam long, the other
thick.
The stick and thread weigh half a dram, and
twenty grains, being laid in the balance.
The stick tied to reach within half an inch of
the end of the beam, and so much from the
tongue, weigheth twenty-eight grains ; the differ-
ence is twenty-two grains.
The same stick being tied to hang over the end
of the beam an inch and a half, weigheth half a
dram and twenty-four grains, exceeding the weight
of the said stick in the balance by four grains.
The same stick being hanged down beneath
the thread, as near the tongue as is possible,
weigheth only eight grains.
Two weights of gold being made equal in the
air, and weighing severally seven drams ; the one
balance being put into the water, and the other
hanging in the air, the balance in the water
weigheth only five drams and three grains, and
abateth of the weight in the air, one dram and a
half, and twenty-seven grains.
The same trial being made the second time,
and more truly and exactly betwixt gold and gold,
weighing severally, as above; and making a just
and equal weight in the air, the one balance being
put into the water the depth of five inches, and the
other hanging in the air, the balance in the water
weigheth only four drams, and fifty-five grains,
and abateth of the weight in the air two drams
and five grains.
The trial being made betwixt lead and lead,
weighing severally seven drams in the air, the
balance in the water weigheth only four drams
and forty-one grains, and abateth of the weight in
the air two drams and nineteen grains ; the balance
kept the same depth in the water as abovesaid.
The trial being made betwixt silver and silver,
weighing severally seven drams in the air, the
balance in the water weigheth only four drams
and twenty-five grains. So it abateth two drams
and thirty-five grains ; the same depth in the water
observed.
In iron and iron, weighing severally each
balance in the air seven drams, the balance in the
water weigheth only four drams and eighteen
grains ; and abateth of the weight in the air two
drams and forty-two grains ; the depth observe as
above.
In stone and stone, the same weight of seven
drams equally in the air, the balance in the water
weigheth only two drams and twenty-two grains ;
and abateth of the weight in the air four drams
and thirty-eight grains ; the depth as above.
In brass and brass, the same weight of seven
drams in each balance, equal in the air, the
balance in the water weigheth only four drams
and twenty-two grains ; and abateth in the water
two drams and thirty-eight grains; the depth
observed.
The two balances being weighed in air and
water, the balance in the air overweigheth the
other in the water one dram and twenty-eight
grains ; the depth in the water as aforesaid.
It is a profitable experiment which showeth the
weights of several bodies in comparison with
water. It is of use in lading of ships, and other
bottoms, and may help to show what burden in
the several kinds they will bear.
Certain sudden thought* of the Lard Bacon's, *t
down by him under the title of Experiments
FOR PROFIT.
Muck of leaves: mnck of river, earth, and
chalk : muck of earth closed, both for saltpetre
and muck : setting of wheat and peas : mending
of crops by steeping of seeds : making peas,
cherries, and strawberries come early : strength-
ening of earth for often returns of radishes,
parsnips, turnips, etc. ; making great roots of
onions, radishes, and other esculent roots : sow-
ing of seeds of trefoil : setting of woad : setting
of tobacco, and taking away the rawns : grafting
upon boughs of old trees : making of a hasty
coppice: planting of osiers in wet grounds:
! making of candles to last long : building of
PHYSIOLOGICAL REMAINS.
466
chimneys, furnaces, and ovens, to give heat with
less wood : fixing of logwood : other means to
make yellow and green fixed : conserving of
oranges, lemons, citrons, pomegranates, etc., all
summer: recovering of pearl, coral, turcoise
colour, by a conservatory of snow : sowing of
fennel : brewing with hay, haws, trefoil, broom,
hips, bramble-berries, woodbines, wild thyme,
instead of hops, thistles : multiplying and dress-
ing artichokes.
Certain experiments of the Lord Bacon's, about
ike commixture of liquor* only, not solids, with- j
out heat or agitation, but only by simple composi-
tion and settling.
Spirit of wine mingled with common water,
although it be much lighter than oil, yet so as if
the first fall be broken, by means of a sop, or
otherwise, it stayeth above ; and if it be once min-
gled, it severeth not again, as oil doth. Tried with
water coloured with saffron.
Spirit of wine mingled with common water
hath a kind of clouding, and motion showing no
ready commixture. Tried with saffron.
A dram of gold dissolved in aqua regis, with
a dram of copper in aqua fortis, commixed,
gave a green colour, but no visible motion in
the parts. Note, that the dissolution of the
gold was twelve parts water to one part body :
and of the copper was six parts water to one
part body.
Oil of almonds commixed with spirit of wine
severeth, and the spirit of wine remaineth on the
top, and the oil in the bottom.
Gold dissolved, commixed with spirit of wine,
a dram of each, doth commix, and no other ap-
parent alteration.
Quicksilver dissolved with gold dissolved, a
dram of each, doth turn to a mouldy liquor, black,
and like smith's water.
Note, the dissolution of the gold was twelve
parts water, at supra, and one part metal ; that
of water was two parts, and one part metal.
Spirit of wine and quicksilver commixed, a
dram of each, at the first showed a white milky
substance at the top, but soon after mingled.
Oil of vitriol commixed with oil of cloves, a
dram of each, turneth into a red dark colour ; and
a substance thick almost like pitch, and upon the
first motion gathereth an extreme heat, not to be
endured by touch.
Dissolution of gold, and oil of vitriol commix-
ed, a dram of each, gathereth a great heat at the
first, and darkeneth the gold, and maketh a thick
yellow.
Spirit of wine and oil of vitriol, a dram of each,
hardly mingle; the oil of vitriol going to the bot-
tom, and the spirit of wine lying above in a milky
substance. It gathereth also a great heat, and
a sweetness in the taste.
Vol. II.— 69
Oil of vitriol and dissolution of quicksilver, a
dram of each, maketh an extreme strife, and
casteth up a very gross fume, and after casteth
down a white kind of curds, or sands; and on
the top a slimish substance, and gathereth a great
heat.
Oil of sulphur and oil of cloves commixed, a
dram of each, turn into a thick and red-coloured
substance ; but no such heat as appeared in the
commixture with the oil of vitriol.
Oil of petroleum and spirit of wine, a dram of
each, intermingle otherwise than by agitation, as
wine and water do ; and the petroleum remaineth
on the top.
Oil of vitriol and petroleum, a dram of each,
turn into a mouldy substance, and gathereth
some warmth; there residing a black cloud in
the bottom, and a monstrous thick oil on the top.
Spirit of wine and red-wine vinegar, one ounce
of each, at the first fall, one of them remaineth
above, but by agitation they mingle.
Oil of vitriol and oil of almonds, one ounce of
each, mingle not ; but the oil of almonds remain-
eth above.
Spirit of wine and vinegar, an ounce of each,
commixed, do mingle, without any apparent
separation, which might be in respect of the
colour.
Dissolution of iron, and oil of vitriol, a dram
of each, do first put a milky substance into the
bottom, and after incorporate into a mouldy
substance.
Spirit of wine commixed with milk, a third
part spirit of wine, and two parts milk, coagu-
lateth little, but mingleth ; and the spirit swims
not above.
Milk and oil of almonds mingled, in equal por-
tions, do hardly incorporate, but the oil cometh
above, the milk being poured in last ; and the milk
appeareth in some drops or bubbles.
Milk one ounce, oil of vitriol a scrapie, doth
coagulate ; the milk at the bottom, where the
vitriol goeth.
Dissolution of gum tragacanth, and oil of
sweet almonds, do not commingle, the oil remain-
ing on the top till they be stirred, and make the
mucilage somewhat more liquid.
Dissolution of gum tragacanth one ounce and
a half, with half an ounce of spirit of wine, being
commixed by agitation, make the mucilage more
thick.
The white of an egg with spirit of wine, doth
bake the egg into clots, as if it began to poach.
One ounce of blood, one ounce of milk, do
easily incorporate.
Spirit of wine doth curdle the blood.
One ounce of whey unclarified, one ounce of
oil of vitriol, make no apparent alteration.
One ounce of blood, one ounce of oil of almonds,
incorporate not, but the oil swims above.
Three-quarters of an ounce of wax being die*
466
MEDICAL REMAINS.
solved upon the fire, and one ounce of oil of
mlmond8 put together and stirred, do not so incor-
porate, bat that when it is cold the wax gathereth
and swims upon the top of the oil.
One ounce of oil of almonds cast into an ounce
of sugar seething, sever presently, the sugar
shooting towards the bottom.
A catalogue of bodies attractive and not attractive,
together with experimental observation* about at'
traction,
*
These following bodies draw : amber, jet, dia-
mond, sapphire, carbuncle, iris, the gem opale,
amethyst, bristollina, crystal, clear glass, glass
of antimony, divers flowers from mines, sul-
phur, mastic, hard sealing-wax, the harder rosin,
arsenic.
These following bodies do not draw : smaragd,
achates, corneolus, pearl, jaspis, chalcedonies,
alabaster, porphyry, coral, marble, touchstone,
haematites, or bloodstone ; smyris, ivory, bones,
ebontree, cedar, cypress, pitch, softer rosin, cam-
phire, galbanum, ammoniac, etorax, benzoin,
loadstone, asphaltum.*
These bodies, gold, silver, brass, iron, draw
not, though never so finely polished.
In winter, if the air be sharp and clear, sal
gemineum, roch allum, and lapis specularis, will
draw.
These following bodies are apt to be drawn, if
the mass of them be small : chaff, woods, leaves,
stones, all metals leaved, and in the mine; earth,
water, oil.
* The drawing of Iron excepted.
MEDICAL REMAINS.
Grains of youth.
Take of nitre four grains, of ambergrease three
grains, of orris-powder two grains, of white
poppy-seed the fourth part of a grain, of saffron
half a grain, with water of orange-flowers, and a
little tragacanth ; make them into small grains,
four in number. To be taken at four o'clock, or
going to bed.
Preserving ointment.
Take of deer's suet one ounce, of myrrh six
grains, of saffron five grains, of bay-salt twelve
grains, of Canary wine, of two years old, a
spoonful and a half. Spread it on the inside of
your shirt, and let it dry, and then put it on.
A purge familiar for opening the liver.
Take rhubarb two drams, agaric trochiscat one
dram and a half, steep them in claret wine
burnt with mace ; take of wormwood one dram,
steep it with the rest, and make a mass of pills,
with " syrup, acetos. simplex." But drink an
opening broth before it, with succory, fennel, and
smallage roots, and a little of an onion.
Wine for the spirits,
Tajte gold perfectly refined three ounces, quench
it six or seven times in good claret wine ; add of
saffron prepared three grains, of ambergrease four
grains, pass it through a hippocras bag, wherein
there is a dram of cinnamon gross beaten, or, to
avoid the dimming of the .colour, of ginger. Take
two spoonfuls of this to a draught of fresh claret
wine.
The preparing of saffron.
Take six grains of saffron, steeped in half parts
of wine and rose water, and a quarter part vine-
gar; then dry it in the sun.
Wine against adverse melancholy, preserving the
senses and the reason.
Take the roots of buglos well scraped and
cleansed from their inner pith, and cut them into
small slices ; steep them in wine of gold extin-
guished ut supra, and add of nitre three grains,
and drink it ut supra, mixed with fresh wine : the
roots must not continue steeped above a quarter
of an hour; and they must be changed thrice.
Breakfast preservative against the gout and rheums.
To take once in the month at least, and for two
days together, one grain of castorei in my ordi-
nary broth.
The preparation of garlic.
Take garlic four ounces, boil it upon a soft fire
in claret wine, for half an hour. Take it out and
steep it in vinegar; whereto add two drams of
cloves, then take it forth, and keep it in a glass
for use.
The artificial preparation of damask roses for smiti?
Take roses, pull their leaves, then dry them in
a clear day in the hot sun ; then their smell will
MEDICAL REMAINS.
467
be as gone. Then cram them into an earthen
bottle, very dry and sweet, and stop it very close :
they will remain in smell and colour both fresher
than those that are otherwise dried. Note, the
first drying and close keeping upon it, preventeth
all putrefaction, and the second spirit cometh
forth, made of the remaining moisture not dissi-
pated.
A restorative drink*
Take of Indian maize half a pound, grind it
not too small, but to the fineness of ordinary meal,
and then bolt and scarce it, that all the husky part
may be taken away. Take of eryngium roots
three ounces, of dates as much, of enula two
drams, of mace three drams, and brew them with
ten shilling beer to the quantity of four gallons :
and this do, either by decocting them in a pottle
of wort, to be after mingled with the beer, being
new tapped, or otherwise infuse it in the new
beer, in a bag. Use this familiarly at meals.
Against the waste of the body by heat.
Take sweet pomegranates, and strain them
lightly, not pressing the kernel, into a glass ;
where put some little of the peel of a citron, and
two or three cloves, and three grains of amber-
grease, and a pretty deal of fine sugar. It is to
be drank every morning whilst pomegranates last.
MethusaUm water. Against all asperity and tor-
refaction of inward parts, and all aduslion of the
blood, and generally against the dryness of age.
Take crevises very new, q. s. boil them well
in claret wine, of them take only the shells, and
rub them very clean, especially on the inside, that
they may be thoroughly cleansed from the meat.
Then wash them three or four times in fresh claret
wine, heated ; still changing the wine, till all the
fish taste be quite taken away. But in the wine
wherein they are washed, steep some tops of green
rosemary ; then dry the pure shell thoroughly, and
bring them to an exquisite powder. Of this pow-
der take three drams. Take also pearl, and steep
them in vinegar twelve hours, and dry off the vine-
gar : of this powder also three drams. Then put
the shell powder and pearl powder together, and
add to them of ginger one scruple, and of white
poppy seed half a scruple, and steep them in spirit
of wine, wherein six grains of saffron have been
dissolved, seven hours. Then upon a gentle heat
vapour away all the spirit of wine, and dry the
powder against the sun without fire. Add to it of
nitre one dram, of ambergrease one scruple and a
half; and so keep this powder for use in a clean
glass. Then take a pottle of milk, and slice in
it of fresh cucumbers, the inner pith only, the
rind being pared off, four ounces, and draw forth
a water by distillation. Take of claret wine a
pint, and quench gold in it four times.
Of the wine, and of the water of milk, take of
each three ounces, of the powder one scruple,
and drink it in the morning; stir up the powder
when you drink, and walk upon it.
A catalogue of astringents, openers, and cordials,
instrumental to health.
A8TRINOKNTS.
Red rose, blackberry, myrtle, plantane, flower
of pomegranate, mint, aloes well washed, myro-
balanes, sloes, agrestia fragra, mastich, myrrh,
saffron, leaves of rosemary, rhubarb received by in-
fusion, cloves, service-berries, coma, wormwood,
hole armeniac, sealed earth, cinquefoil, tincture
of steel, sanguis draconis, coral, amber, quinces,
spikenard, galls, alum, bloodstone, mummy, arao-
mum, galangal, cypress, ivy,psylium, houseleek,
sallow, mullein, vine, oak leaves, lignum aloes,
red sanders, mulberry, medlars, flowers of peach
trees, pomegranates, pears, pal mute, pith of ker-
nels, purslain, acacia, laudanum, tragacanth, thus
olibani, comfrey, shepherd's purse, polygonium.
Astringents, both hot and cold, which corroborate the
parts, and which confirm and refresh such of them
as are loose or languishing.
Rosemary, mint, especially with vinegar, cloves,
cinnamon, cardamom, lign-aloes, rose, myrtle, red
sanders, cotonea, red wine, chalybeate wine, five-
finger grass, plantane, apples of cypress, berber-
ries, fraga, service-berries, cornels, ribes, sour
pears, rambesia.
Astringents styptic, which by their styptic virtue may
stay fluxes.
Sloes, acacia, rind of pomegranates infused, at
least three hours, the styptic virtue not coming
forth in lesser time. Alum, galls, juice of sallow,
syrup of unripe quinces, balaustia, the whites of
eggs boiled hard in vinegar.
Astringents, which by their cold and earthy nature
may stay the motion of the humours tending to a
flux.
Sealed earth, sanguis draconis, coral, pearls,
the shell of the fish dactyl us.
Astringents, which by the thickness of their substance
stuff as it were the thin humours, and thereby stay
fluxes.
Rice, beans, millet, cauls, dry cheese, fresh
goats' milk.
Astringents, which by virtue of their glutinous sub-
stance restrain a flux, and strengthen the looser
parts.
Karabe,* mastich, spodium, hartshorn, frankin-
cense, dried bulls' pistle, gum tragacanth.
♦ Perhapa 1m meant the fruit of Karobe.
MEDICAL REMAINS.
Jiiringenh purgative, which, having by their pu i
gative or txpuliine power thnat out At humo-M ■ .
least behind them aitrictive virtue,
Rh ubarb, especially that which is touted sgai n ■
the fire: Diyrobalanea, lartar, tamarinds, an Indii:
fruit like green damascenes.
Jttringenti ivhich do very much tuck and dry up
the humours, and thereby ttey fiuccet.
Rubi of iron, crocus martis, ashes of spices.
Jtlringenti, which by their nature do dull the tpiri
and lay atleep the expuMve virtue, and take atot ,
the acrimony of all humour*.
Laudanum, mithridate, diascordium, diacodiur
Jitringentt, which, by cherishing the strength of
the parte, do comfort and confirm their retentiv
A stomacher of scarlet cloth: whelpa, or yoni.
healthy boys, applied to the stomach: hippocrai
wines, so they be made of austere materials.
Succory, endive, betony, li TBI wort, petroseli-
nnm, smallage, asparagus, roots of grass, doddi .
tamarisk, Juncus odoratns, lacoa, cuppanis, worm,
wood, chsiniepitys, fumaria, scurry-grass, ering ,
nettle, ireos, elder, hyssop, arislolochia, gentiai .
eostus, fennel-root, maiden-hair, harts-tongue,
daffodilly, aaarum, sarsaparilla, sassafras, acorns.
abretonum, aloes, agaric rhubarb infused, onions,
garlic, bother, squills, sowbread, Indian nai .
Celtic nard, bark of raurel-tree, bitter almonds,
holy thistle, camomile, gunpowder, sows, (mill
pedes,) ammoniac, man's urine, rue, park leaves,
(vitex,) centaury, lupines, chamssdrys, coatui. .
immios, bistort, camphire, dancus seed, Indian
balsam, acordium, sweet cane, gal ingal, agrimony.
Flowers of basil royal, floras caryophills
(lowers of bugloss and borage, rind of citron,
orange flowers, rosemary and its flowers, saffron,
musk, amber, folium, i. e. nardi folium, balm-
gentle, pimpernel, gems, gold, generous wines,
fragrant apples, rose, rosa mooch a ta, cloves, lig
aloes, mace, cinnamon, nntrneg, cardamom, g
llngal, vinegar, kermee berry, herba moschata,
betony, white sanders, oamphire, flowers of heli
trope, penny royal, scordium, opium corrects '.
white pepper, nasturtium, white and red bean,
custom dulee, dactyl us, pine, fig, egg-shell, vinum
. matvaticum, ginger, kidneys, oysters, clevises, or
river crabs, seed of nettle, oil of sweet almond?,
seaaminum oleum, asparagus, bulbous roots,
onions, garlic, eruoa, dauoua seed, eringo, ail- r
montanus, the smell of musk, cynethi odor, earn-
way seed, flower of puis, aniseed, pellitory,
anointing- of the testicles with oil of elder in
which pellitory hath been boiled, cloves with goats
milk, olibanom.
Jn extract by the Lord Bacom, for Uttntm uet,aut
of the book of lie prolongation of aft, together
with tome new advice* in order to health.
1. Once in the week, or at least in the fortnight,
to take the water of mithridate distilled, with
three parts to one, or strawberry-water to allay it ;
and some grains of nitre and. saffron, in the morn-
ing between sleeps.
9. To continue my broth with nitre ; but to
interchange it every other two days, with the
juice of pomegranates expressed, with a little
cloves, arid rind of citron.
3. To order the taking of (he maceration* is
followeth.
To add to the maceration six grains of cremor
tartari, and as much enuln.
To add to the oxymel some infusion of fennel-
roots in the vinegar, and four grains of angelica-
seed, and juice of lemons, a third part to the
To take It not so immediately before supper,
and to have the broth specially made with barley,
rosemary, thyme, and cresses.
Sometimes to add to the maceration three grains
of tartar, and two of enula, to cnt the more heary
and viscous humours; lest rhubarb work only
upon the lightest.
To take sometimes the oxymel before it, sad
sometimes the Spanish honey simple.
4. To take once in the month at least, and for
two days together, a grain and a half of castor, in
my broth, and breakfast.
5. A cooling clyster to be used once a month,
after the working of the maceration is settled.
Take of barley- water, in which the roots of
bugloss are boiled, three ounces, with two drami
of red sanders, and two ounces of raisins of the
sun, and one ounce of dactylee, and an ounce and
a half of fat caricks; let it be strained, and add to
it an ounce and a half of syrup of violets: let a
clyster be made. Let this be taken, with veal,
in the aforesaid decoction.
6. To take every morning the fume of lign-
aloes, rosemary and bays dried, which I use; but
once in a week to add a little tobacco, without
otherwise taking it in a pipe.
7. To appoint every day an hour "ad aflectu
intentionales et sanos." Qu. de particular!.
8. To remember mastic atones for the mouth.
9. And orange-flower water to be smelt to or
snuffed1 up.
10. In the third hour after the sun is risen, to
• Vis. of rhubarb Is
i a dnuint of wblu warn ui
in int. Sm IS* Lad ■bom's UK, by Dr. law-
MEDICAL REMAINS.
460
like in air from some high and open place, with
a ventilation of rose moschatee, and fresh violets ;
and to stir the earth, with infusion of wine anil
mint.
11. To use ale with a little enula campana, car-
duus, germander, sage, angelica-seed, cresses of
a middle age, to beget a robust heat.
13. Mithridate thrice a year.
13. A bit of bread dipped in vino odorato, with
syrup of dry roses, and a little amber, at going to
bed.
14. Never to keep the body in the same posture
above half an hour at a time.
15. Four precepts. To break off custom. To
shake off spirits ill disposed. To meditate on
youth. To do nothing against a man's genius.
16. Syrup of quinces for the mouth of the
stomach. Inquire concerning other things useful
in that kind.
17. To use once during supper time wine in
which gold is quenched.
18. To use anointing in the morning lightly
with oil of almonds, with salt and saffron, and a
gentle rubbing.
19. Ale of the second infusion of the vine of
oak.
20. Methusalem water, of pearls and shells of
crabs, and a little chalk.
21. Ale of raisins, dactyles, potatoes, pistachios,
honey, tragacanth, mastic.
22. Wine with swine's flesh or hart's flesh.
23. To drink the first cup at supper hot, and
half an hour before supper something hot and
aromatized.
24. Chalybeates four times a year.
25. Pilulae ex tribus, once in two months, but
after the mass has been macerated in oil of al-
monds.
26. Heroic desires.
27. Bathing of the feet once in a month, with
lye ex sale nigro, camomile, sweet marjoram,
fennel, sage, and a little aqua vits.
28. To provide always an apt breakfast.
29. To beat the flesh before roasting of it.
30. Macerations in pickles.
31. Agitation of beer by ropes, or in wheel-
barrows.
32. That diet is good which makes lean, and
then renews. Consider of the ways to effect it.
MEDICAL RECEIPTS OF THE LORD
BACON.
His lordship's usual receipt for the gout, 7b which
he refers , Nat, Hist, Cent. L N. 60.
1. ThepouUis.
Take of manchet about three ounces, the crumb
only, thin cut ; let it be boiled in milk till it grow
to a pulp. Add in the end a dram and a half of
the powder of red roses ; of saffron ten grains ;
of oil of roses an ounce ; let it be spread upon a
linen cloth, and applied lukewarm, and continued
for three hours' space
2. The bath or fomentation.
Take of sage leaves half a handful ; of the root
of hemlock sliced six drams ; of briony roots half
an ounce ; of the leaves of red roses two pugils ;
let them be boiled in a pottle of water, wherein
steel hath been quenched, till the liquor come to a
quart. After the straining, put in half a handful
of bay salt. Let it be used with scarlet cloth, or
scarlet wool, dipped in the liquor hot, and so
renewed seven times ; all in the space of a quarter
of an hour, or little more.
3. Theplaister,
Take emplastrum diachalciteos, as much as is
sufficient for the part you mean to cover. Let it be
dissolved with oil of roses, in such a consistence
as will stick ; and spread upon a piece of holland,
and applied.
His lordship's broth and fomentation for the stone.
The broth.
Take one dram of eryngium roots, cleansed and
sliced ; and boil them together with a chicken.
In the end, add of elder flowers, and marigold
flowers together, one pugil ; of angelica seed half
a dram, of raisins of the sun stoned, fifteen ; of
rosemary, thyme, mace, together, a little.
In six ounces of this broth or thereabouts, let
there be dissolved of white cremor tartan three
grains.
Every third or fourth day, take a small toast
of manchet, dipped in oil of sweet almonds new
drawn, and sprinkled with a little loaf sugar. You
may make the broth for two days, and take the
one-half every day.
If you find the stone to stir, forbear the toast
for a course or two. The intention of this broth
is, not to void, but to undermine the quarry of the
stones in the kidneys.
The fomentation.
Take of leaves of violets, mallows, pellitory of
the wall, together, one handful ; of flowers of
camomile and melilot, together, one pugil; the
root of marsh-mallows, one ounce ; of anise and
fennel seeds, together, one ounce and a half; of
flax-seed two drachms. Make a decoction in
spring water.
The second receipt, showing the way of making a
certain ointment, which his lordship called Ungu-
entumfragrans, sive Romanum, the fragrant or
Roman unguent.
Take of the fat of a deer half a pound ; of oil of
sweet almonds two ounces : let them be set upon
2R
470
MEDICAL REMAINS.
a very gentle fire, and stirred with a stick of juniper
till they axe melted. Add of root of flower-de-
luce powdered, damask roses powdered, together,
one dram ; of myrrh dissolved in rose-water half a
dram; of cloves half a scruple; of civet four
grains; of musk six grains; of oil of mace
expressed one drop ; as much of rosewater as suf-
ficeth to keep the unguent from being too thick.
Let all these be put together in a glass, and set
upon the embers for the space of an hour, and
stirred with a stick of juniper.
Note, that in the confection of this ointment,
there was not used above a quarter of a pound,
and a tenth part of a quarter of deer's suet : and
that all the ingredients, except the oil of almonds,
were doubled when the ointment was half made,
because the fat things seemed to be too predo-
minant.
The third receipt. A mama Ckrutifor the tUmaeh.
Take of the best pearls very finely pulverized,
one dram ; of sal nitre one scruple ; of tartar two
scruples; of ginger and galingal together, one
ounce and a half; of calamus, root of enula cara-
pana, nutmeg, together, one scruple and a half;
of amber sixteen grains; of the best musk tea
grains ; with rosewater and the finest sugar, let
there be made a manus Christi.
The fourth receipt. A secret for the stomach.
Take lignum aloes in gross shavings, steep
them in sack, or alicant, changed twice, half an
hour at a time, till the bitterness be drawn forth.
Then take the shavings forth, and dry them in the
shade, and beat them to an excellent powder. Of
that powder, with the syrup of citrons, make a
small pill, to be taken before supper.
JUDICIAL CHARGES AND TRACTS.
THE EFFECT OF THAT WHICH WAS SPOKEN
■Y TBI
LORD KEEPER OP THE GREAT SEAL OP ENGLAND,
AT THE TAKING OF HI8 PLACE IN CHANCERY,
IN PERFORMANCE OF THE CHARGE HIS MAJESTY HAD GIVEN HIM WHEN HE RECEIVED THE
SEAL, MAY 7, 1617.
Before I enter into the business of the court, 1
shall take advantage of so many honourable wit-
nesses to publish and make known summarily,
what charge the king'fe most excellent majesty
gave me when I received the seal, and what
orders and resolutions I myself have taken in
conformity to that charge ; that the king may have
the honour of direction, and I the part of obedi-
ence ; whereby your lordships, and the rest of the
presence, shall see the whole time of my sitting
in the chancery, which may be longer or shorter,
as it shall please God and the king, contracted
into one hour. And this I do for three causes.
First, To give account to the king of his com-
mandment.
Secondly, That it may be a guard and custody
to myself, and my own doings, that I do not
swerve or recede from any thing that I have pro-
fessed in so noble company.
And, thirdly, That all men that have to do with
the chancery or the seal, may know what they
shall expect, and both set their hearts and my
ears at rest ; not moving me in any thing against
these rules; knowing that my answer is now
turned from a " nolumus" into a " non possumus."
It is no more, I will not, but, I cannot, after this
declaration.
And this I do also under three cautions.
The first is. That there be some things of a
more secret and council-like nature more fit to be
acted than published. But those things which I
shall speak of to-day are of a more public nature.
The second is, That I will not trouble this pre-
sence with every particular, which would be too
long ; but select those things which are of greatest
efficacy, and conduce most " ad summas rerum ;"
leaving many other particulars to be set down in
a table, according to the good example of my last
predecessor in his beginning.
And, lastly, that these imperatives, which I
have made but to myself and my times, be with-
out prejudice to the authority of the court, or to
wiser men that may succeed me ; and chiefly that
they are wholly submitted unto the great wisdom
of my sovereign, and the absolute prince in judi-
cature that hath been in the Christian world ; for
if any of these things which I intend to be sub-
ordinate to his directions, shall be thought by his
majesty to be inordinate, I shall be most ready to
reform them. These things are but, " tanquam
album prstoris ;" for so did the Roman praetors,
which have the greatest affinity with the juris-
diction of the chancellor here, who used to set
down at their entrance, how they would use their
jurisdiction. And this I shall do, my lords, " in
verbis raasculis ;" no flourishing or painted words,
but such as are fit to go before deeds.
The king's charge, which is my lantern, rested
upon four heads.
The first was, That I should contain the juris-
diction of the court within its true and due limits,
without swelling or excess.
The second, That I should think the putting of
the great seal to letters patents was not a matter
of course to follow after precedent warrants; but
that I should take it to be the maturity and fulness
of the king1 8 intentions : and, therefore, of the
greatest parts of my trust, if I saw therein any
scruple or cause of stay, that I should acquaint
him, concluding with a M Quod dubites ne feceris."
The third was, That I should retrench all unne-
cessary del ay 8, that the subject might find that he
did enjoy the same remedy against the fainting
of the soul and the consumption of the estate ;
471
472
SPEECH ON TAKING HIS PLACE IN CHANCERY.
which was speedy justice. " Bis dat, qui cito
dat."
The fourth was, that justice might pass with as
easy charge as might be; and that those same
brambles, that grow about justice, of needless
charge and expense, and all manner of exactions,
might be rooted out so far as might be.
These commandments, my lords, are righteous,
and, as I may term them, sacred ; and, therefore,
to use a sacred form, I pray God bless the king
for his great care over the justice of the land, and
give me, his poor servant, grace and power to
observe his precepts.
Now, for a beginning towards it, I have set
down and applied particular orders to-day out of
these four general heads.
For the excess or tumour of this Court of Chan-
cery, I shall divide it into five natures.
The first is, when the court doth embrace and
retain causes, both in matter and circumstance
merely determinable and fit for the common law ;
for, my lords, the chancery is ordained to supply
the law, and not to subvert the law. Now, to
describe unto you or delineate what those causes
are that are fit for the court, or not fit for the court,
were too long a lecture. But I will tell you what
remedy I have prepared. I will keep the keys of
the court myself, and will never refer any demur-
rer or plea, tending to discharge or dismiss the
court of the cause, to any roaster of the chancery,
but judge of it myself, or at least the master of
the rolls. Nay, farther, I will appoint regularly,
that on the Tuesday of every week, which is the
day of orders, first to hear motions of that nature
before any other, that the subject may have his
" vale" at first without attending, and that the
court do not keep and accumulate a miscellany
and confusion of causes of all natures.
The second point concerneth the time of the
complaint, and the late comers into the chancery;
which stay till a judgment be passed against
them at the common law, and then complain :
wherein your lordships may have heard a great
rattle and a noise of a " praemunire," and I can-
not tell what. But that question the king hath
settled according to the ancient precedents in all
times continued. And this I will say, that the
opinion, not to relieve any case after judgment,
would be a guilty opinion; guilty of the ruin,
and naufrage, and perishing of infinite subjects :
and as the king found it well out, why should a
man fly into the chancery before he be hurt?
The whole need not the physician, but the sick.
But, my lords, the power would be preserved,
but the practice would be moderate. My rule
shall be, therefore, that in case of complaints after
judgment, except the judgments be upon " nihil
dicit," and cases which are but disguises of judg-
ment, as that they be judgments obtained in con-
tempt of a preceding order in this court, yea, and
after verdicts also, I will have the party com-
plainant enter into good bond to prove his sug-
gestion : so that if he will be relieved against a
judgment at common law upon matter of equity,
he shall do it " tanquam in vinculis," at his peril.
The third point of excess may be the over-
frequent and facile granting of injunctions for the
staying of the common laws, or the altering of
possessions ; wherein these shall be my rules.
I will grant no injunction merely upon priority
of suit; that is to say, because this court was
first possessed : a thing that was well reformed in
the late lord chancellor's time, but usual in the
Chancellor Bromley's time ; insomuch, as I re-
member, that Mr. Dalton, the counsellor at law,
put a pasquil upon the court in nature of a bill ;
for seeing it was no more but, My lord, the bill
came in on Monday, and the arrest at common
law was on Tuesday, I pray the injunction upon
priority of suit : he caused his client that had a
loose debtor, to put his bill into the chancery
before the bond due to him was forfeited, to desire
an order that he might have his money at the day,
because he would be sure to be before the other.
I do not mean to make it a matter of a horse-
race who shall be first at Westminister-hall.
Neither will I grant an injunction upon matter
contained in the bill only, be it never so smooth
and specious ; but upon matter confessed in the
defendant's answer, or matter pregnant in writing,
or of record ; or upon contempt of the defendant
in not appearing, or not answering, or trifling with
the court by insufficient answering. For then it
may be thought that the defendant stands out
upon purposes to get the start at the common law,
and so to take advantage of his own contempt;
which may not be suffered.
As for injunctions for possession, I shall main-
tain possessions as they were at the time of the
bill exhibited ; and for the space of a year at the
least before, except the possession were gotten by
force or any trick.
Neither will I alter possession upon interlocu-
tory orders, until a decree; except upon matter
plainly confessed in the defendant's answer, joined
also with a plain disability and insolvency in the
defendant to answer the profits.
As for taking of possession away in respect of
contempts, I will have all the process o{ the court
spent first, and a sequestration of the profits before
I come to an injunction.
The fourth point is concerning the communicat-
ing of the authority of the chancellor too far ; and
making, upon the matter, too many chancellors,
by relying too much upon the reports of the mas-
ters of the chancery as concludent. I know, my
lords, the masters of the chancery are reverend
men ; and the great mass of the business of the
court cannot be sped without them ; and it is a
thing the chancellor may soon fall into for his own
ease, to rely too much upon them. But the course
that I will take generally shall be this; I will
SPEECH ON TAKING HIS PLACE IN CHANCERY.
473
make no binding order upon any report of one of
the masters, without giving a seven-night's day
at the least, to show cause against the report,
which nevertheless I will have done modestly,
and with due reverence towards them : and, again,
I mast utterly discontinue the making of a hypo-
thetical or conditional order ; that if a master of
the chancery do certify thus and thus, that then it
is so ordered without farther motion ; for that it is
a surprise, and giveth no time for contradiction.
The last point of excess is, if a chancellor
shall be so much of himself, as he shall neglect
assistance of reverend judges in cases of difficulty,
especially if they touch upon law, or calling them,
shall do it but " pro forma tantum," and give no
due respect to their opinions : wherein, my lords,
preserving the dignity and majesty of the court,
which I account rather increased than diminished
by grave and due assistance, I shall never be
found so sovereign or abundant in mine own
sense, but I shall both desire and make true use
of assistance. Nay, I assure your lordships, if I
should find any main diversity of opinion of ray
assistants from mine own, though I know well
the judicature of the court wholly resteth in my-
self, yet I think I should have recourse to the
oracle of the king's own judgment, before I should
pronounce. And so much for the temperate use
of the authority of this court; for surely the
health of a court, as well as of a body, consisteth
in temperance.
For the second commandment of his majesty,
touching staying of grants at the great seal ; there
may be just cause of stay, either in the matter of
the grant, or in the manner of passing the same.
Out of both which I extract these six principal
cases which I will now make known : all which,
nevertheless, I understand to be wholly submitted
to his majesty's will and pleasure, after by me he
shall have been informed ; for if " iteratum man-
datum" be come, obedience is better than sacrifice.
The first case is, where any matter of revenue,
or treasure, or profit, passeth from his majesty ;
my first duty shall be to examine, whether the
grant hath passed in the due and natural course by
the great officers of the revenue, the lord treasurer
and chancellor of the exchequer, and with their
privity ; which if I find it not to be, I must pre-
sume it to have passed in the dark, and by a kind
of surreption ; and I will make stay of it till his
majesty's pleasure be farther known.
Secondly, If it be a grant that is not merely
vulgar, and hath not of course passed at the signet
by a •• fac simile," but needeth science, my duty
shall be to examine whether it hath passed by the
learned counsel and had their docket; which is
that his majesty reads, and leads him. And if I
find it otherwise, although the matter were not in
itself inconvenient, yet I hold it a just cause of
stay, for precedent's sake, to keep men in the right
way.
Vol. II.— 60
Thirdly, If it be a grant which 1 conceive, oat
of my little knowledge, to be against the law ; of
which nature Theodosius was wont to say, when
he was pressed, " I spake it, or I wrote it, but I
granted it not if it be unjust :" I will call the
learned counsel to it, as well him that drew the
book as the rest, or some of them : and if we find
cause, I will inform his majesty of our opinion,
either by myself or some of them. And as for the
judges, they are judges of grants past, but not of
grants to come, except the king call them.
Fourthly, If the grants be against the king's
public book of bounty, I am expressly command-
ed to stay them until the king either revise his
book in general, or give direction in particular.
Fifthly, If, as a counsellor of estate, I do fore-
see inconvenience to ensue by the grant in reason
of estate, in respect of the king's honour, or dis-
content, and murmur of the people; I will not
trust mine own judgment, but I will either ac-
quaint his majesty with it, or the council table, or
some such of my lords as I shall think fit.
Lastly, For matter of pardons ; if it be for trea-
son, misprision, murder, either expressed or invo-
lute, by a " non-obstante ;" or of piracy, or of
"praemunire," or of fines, or exemplary punish-
ment in the Star Chamber, or some other natures ;
I shall by the grace of God stay them until his
majesty, who is the fountain of grace, may resolve
between God and him, how far grace shall abound
or superabound.
And if it be of persons attainted and convicted
of robbery, burglary, etc., then will I examine
whether the pardons passed the hand of any jus-
tice of assize, or other commissioners, before
whom the trial was made ; and if not, I think it my
duty also to stay them.
And your lordships see in this matter of the seal*
and his majesty's royal commandment concerning
the same, I mean to walk in the light; so that
men may know where to find me : and this pub-
lishing thereof plainly, I hope, will save the king
from a great deal of abuse, and me from a great
deal of envy ; when men shall see that no particu-
lar turn or end leads me, but a general rule.
For the third general head of his majesty's pre-
cepts concerning speedy justice, it rests much
upon myself, and much upon others : yet so, as
my procuration may give some remedy and order
to it. For myself, I am resolved that my decree
shall come speedily, if not instantly, after the
hearing, and my signed decree speedily upon my
decree pronounced. For it hath been a manner
much used of late in my last lord's time, of whom
I learn much to imitate, and somewhat to avoid ;
that upon the solemn and full hearing of a cause
nothing is pronounced in court, but breviates are
required to be made ; which I do not dislike in
itself in causes perplexed. For I confess I have
somewhat of the cunctative ; and I am of opinion,
that whosoever is not wiser upon advice than
9i9
474
SPEECH ON TAKING HIS PLACE IN CHANCERY.
upon the sudden, the same man was no wiser at
fifty than he was at thirty. And it was ray father's
ordinary word, " You must give me time." But
yet I find when such breviates were taken, the
cause was sometimes forgotten a term or two, and
then set down for a new hearing, three or four
terms after. And in the mean time the subject's
pulse beats swift, though the chancery pace be
slow. Of which kind of intermission I see no use,
and therefore I will promise regularly to pro-
nounce my decree within few days after my hear-
ing ; and to sign my decree at the least in the
vacation after the pronouncing. For fresh justice
is the sweetest. And to the end that there be no
delay of justice, nor any other meansmaking or
labouring, but the labouring of the counsel at the
bar.
Again, because justice is a sacred thing, and
the end for which I am called to this place, and
therefore is my way to heaven : and if it be shorter,
it is never a whit the worse, I shall, by the grace
of God, as far as God will give me strength, add
the afternoon to the forenoon, and some fourth
night of the vacation to the term, for the expedit-
ing and clearing of the causes of the court ; only the
depth of the three long vacations I would reserve
in some measure free from business of estate, and
for studies, arts, and sciences, to which in my
own nature 1 am most inclined.
There is another point of true expedition, which
resteth much in myself, and that is in my man-
ner of giving orders. For I have seen an affecta-
tion of despatch turn utterly to delay at length :
for the manner of it is to take the tale out of the
counsellor at the bar his mouth, and to give a cur-
sory order, nothing tending or conducing to the
end of the business. It makes me remember
what I heard one say of a judge that sat in chan-
cery ; that he would make forty orders in a morn-
ing out of the way, and it was out of the way
indeed ; for it was nothing to the end of the busi-
ness ; and this is that which makes sixty, eighty,
a hundred orders in a cause, to and fro, beget-
ting one another ; and, like Penelope's web, doing
and undoing. But I mean not to purchase the
praise of expeditive in that kind ; but as one that
have a feeling of my duty, and of the case of
others. My endeavour shall be to hear patiently,
and to cast my order into such a mould as may
soonest bring the subject to the end of his journey.
As for delays that may concern others, first the
great abuse is, that if the plaintiff have got an
injunction to stay suits at the common law, then
he will spin out his cause at length. But, by the
grace of God, I will make injunctions but a hard
pillow to sleep on ; for if I find that he prosecutes
not with effect, he may, perhaps, when he is
awake, find not only his injunction dissolved, but
his cause dismissed.
There be other particular orders, I mean to take
for non- prosecution, or faint prosecution, where-
! with I will not trouble yon now, because "sum-
! ma sequar fastigia rerum." And so much for
matter of expedition.
Now, for the fourth and last point of the king's
commandment; for the cutting off unnecessary
charge of the subject, a great portion of it is ful-
filled in the precedent article ; for it is the length
of8uit8that doth multiply charges chiefly; bat
yet there are some other remedies that do conduce
thereunto.
First, therefore, I will maintain strictly, and
with severity, the former orders which I find my
lord chancellor hath taken, for the immoderate and
needless prolixity, and length of bills and answers,
and so forth ; as well in punishing the party, as
fining the counsel, whose hand I shall find at such
bills, answers, etc.
Secondly, for all the examinations taken in the
court, I do give charge unto the examiners, upon
peril of losing their places, that they do not use
any idle repetitions, or needless circumstances,
in setting down the depositions taken by them ;
and I would I could help it likewise in the coun-
try, but that is almost impossible.
Thirdly, I shall take a diligent surrey of the
copies in chancery, that they have their just num-
ber of lines, and without open and wasteful
writing.
Fourthly, I shall be careful there be no exaction
of any new fees, but according as they have been
heretofore set and tabled.
As for lawyers' fees, I must leave that to the
conscience and merit of the lawyer ; and the es-
timation and gratitude of the client ; but this I
can do ; I know there have used to attend this bar
a number of lawyers that have not been heard
sometimes, and scarce once or twice in a term ;
and that makes the client seek to great counsel
and favourites, as they call them, for every order
that a mean lawyer might as well despatch, a term
fitter for kings than judges. And therefore to
help the generality of lawyers, and therein to
ease the client, I will constantly observe that every
Tuesday, and other days of orders, after nine
o'clock strucken, I will hear the bar until eleven,
or half an hour after ten at the least. And since
I am upon the point whom I will hear, your lord-
ships will give me leave to tell you a fancy. It
falleth out, that there be three of us the king's ser-
! vanta in great places, that are lawyers by descent,
Mr. Attorney, son of a judge, Mr. Solicitor, like-
wise son of a judge, and myself, a chancellor's son.
Now, because the law roots so well in my time,
I will water it at the root this far, as, besides these
great ones, I will hear any judge's son before a
sergeant, and any sergeant's son before a reader,
if there be not many of them.
Lastly, for the better ease of the subjects, and
the bridling of contentious suits, I shall give bet-
ter, that is greater costs where the suggestions
are not proved, than hath been hitherto used.
SPEECH BEFORE THE SUMMER CIRCUITS.
475
There be divers orders for the better reglement
of this court ; and for granting of writs, and for
granting of benefices and others, which I shall set
down in a table. But I will deal with no other
to-day but such as have a proper relation to his
majesty's commandment; it being my comfort
that I serve such a master, that I shall need to be
but a conduit only for the conveying of his goodness
to his people. And it is true, that I do affect and
aspire to make good that saying, that " Optimus
magistratus prsstat optimee legi ;" which is true
in his majesty. And for myself, I doubt, I shall
not attain it. But yet I have a domestic exam-
ple to follow. My lords, I have no more to
say, but now I will go on to the business of the
court.
THE SPEECH WHICH WAS USED
BY TUB
LORD KEEPER OF THE GREAT SEAL,
IN THE STAR CHAMBER, BEFORE THE SUMMER CIRCUITS, THE KING BEING THEN IN SCOTLAND, 1617.
The king, by his perfect declaration published
in this place concerning judges and justices, hath
made the speech of his chancellor, accustomed
before the circuits, rather of ceremony than of use.
For as in his book to his son he hath set forth a
true character and platform of a king; so in this
his speech he hath done the like of a judge and
justice: which showeth, that as his majesty is
excellently able to govern in chief; so he is like-
wise well seen and skilful in the inferior offices
and stages of justice and government; which is
a tiling very rare in kings.
Yet, nevertheless, somewhat must be said to
fulfil an old observance ; but yet upon the king's
grounds, and very briefly : for, as Solomon saith
in another case, " In these things who is he that
can come after the king?"
First, You that are the judges of circuits are, as
it were, the planets of the kingdom : I do you no
dishonour in giving you that name, and no doubt
you have a great stroke in the frame of this govern-
ment, as the other have in the great frame of the
world. Do therefore as they do, move always,
and be carried with the motion of your first mover,
which is your sovereign. A popular judge is a
deformed thing: and "plaudites" are fitter for
players than for magistrates. Do good to the
people, love them and give them justice ; but let it
be, as the Psalm saith, " nihil inde expectantes ;"
looking for nothing, neither praise nor profit.
Yet my meaning is not, when I wish you to
take heed of popularity, that you should be im-
perious and strange to the gentlemen of the
country. You are above them in power, but your
rank is not much unequal; and learn this, that
power is ever of greatest strength, when it is
civilly carried.
Secondly, You must remember, that besides
your ordinary administration of justice, you do
carry the two classes or mirrors of the state ; for
it is your duty, in these your visitations, to repre-
sent to the people the graces and care of the king :
and again, upon your return, to present to the king
the distastes and griefs of the people.
Mark what the king says in his book : " Procure
reverence to the king and the law; inform my
people truly of me," (which, we know, is hard
to do according to the excellency of his merit; but
yet endeavour it,) " how zealous I am for religion ;
how I desire law may be maintained and flourish ;
that every court should have its jurisdiction ; that
every subject should submit himself to the law."
And of this you have had of late no small occa-
sion of notice and remembrance, by the great and
strait charge that the king hath given me as keeper
of his seal, for the governing of the chancery with-
out tumour or excess.
Again, " e re nata," you at this present ought
to make the people know and consider the king's
blessed care and providence in governing this
realm in his absence ; so that, sitting at the helm
of another kingdom, not without great affairs and
business; yet, he governs all things here by his
letters and directions, as punctually and perfectly
as if he were present.
I assure you, my lords of the council and I do
much admire the extension and latitude of his care
in all things.
In the high commission he did conceive a sinew
of government was a little shrunk ; he recom-
mended the care of it.
He hath called for the accounts of the last cir-
cuit from the judges to be transmitted unto him
in Scotland.
Touching the infestation of pirates, he hath
been careful, and is, and hath put things in a way.
476
SPEECH TO SIR WILLIAM JONES.
All things that concern the reformation or the
plantation of Ireland, he hath given in them
punctual and resolute directions. All this in
absence.
I give but a few instances of a public nature ;
the secrets of council I may not enter into, though
his despatches into France, Spain, and the Low
Countries, now in his absence, are also notorious
as to the outward sending. So that I must con-
clude that his majesty wants but more kingdoms,
for I see he could suffice to all.
As for the other glass I told you of, of repre-
senting to the king the griefs of his people, with-
out doubt it is properly your part ; for the king
ought to be informed of any thing amiss in the
state of his countries from the observations and
relations of the judges, that indeed know the pulse
of the country, rather than from discourse. But,
for this glass, thanks be to God, I do hear from
you all, that there was never greater peace, obedi-
ence, and contentment in the country ; though the
best governments be always like the fairest crys-
tals, wherein every little icicle or grain is seen,
which in a fouler stone is never perceived.
Now to some particulars, and not many : of all
other things I must begin as the king begins ; that
is, with the cause of religion, and especially the
hollow church Papist. St. Augustin hath a good
comparison of such men, affirming, that they are
like the roots of nettles, which themselves sting
not, but yet they bear all the stinging leaves : let
me know of such roots, and I will root them out
of the country.
Next, for the matter of religion ; in the princi-
pal place I recommended both to you and to the
justices, the countenancing of godly and zealous
preachers. I mean not sectaries or novelists, but
those which are sound and conform, and yet pious
and reverend : for there will be perpetual defec-
tion, except you keep men in by preaching, as
well as law doth by punishing; and commonly
spiritual diseases are not cured but by spiritaal
remedies.
Next, let me commend unto yon the repressing,
as much as may be, of faction in the countries, of
which ensue infinite inconveniences, and perturba-
tions of all good order, and crossing of all good
service in court or country, or wheresoever. Cicero,
when he was consul, had devised a fine remedy,
a mild one, but an effectual and apt one; for he
saith, *' Eos, qui otium perturbant, reddam otio-
sos." Those that trouble others' quiet, I will give
them quiet; they shall have nothing to do, nor no
authority shall be put into their hands. If I may
know from you, of any who are in the country
that are heads or hands of faction, or men of tur-
bulent spirits ; I shall give them Cicero's reward,
as much as in me is.
To conclude, study the king's book, and study
yourselves how you profit by it, and all shall be
well. And you, the justices of peace in particular,
let me say this to you, never king of this realm
did you so much honour as the king hath done
you in his speech, by being your immediate direct-
or, and by sorting you and your service with the
service of ambassadors, and of his nearest attend-
ance. Nay, more, it seems his majesty is willing
to do the state of justice of peace honour actively
also : by bringing in with time the like form or
commission into the government of Scotland, as
that glorious king, Edward the Third, did plant
this commission here in this kingdom. And, there-
fore, you are not fit to be copies, except you be
fair written, without blots or blurs, or any thing
unworthy your authority : and so I will troabls
you no longer for this time.
THE SPEECH USED
BY SIR FRANCIS BACON,
LORD KEEPER Of THE GREAT SEAL OF ENGLAND,
TO SIR WILLIAM JONES,
UPON HIS CALLING TO BE LORD CHIEF JUSTICE OP IRELAND, 1617.
Sir William Jones,
The king's most excellent majesty, being duly
informed of your sufficiency every way, hath
called you, by his writ now returned, to the state
and degree of a Serjeant at law ; but not to stay
there, but, being so qualified, to serve him as his
Chief Justice of his King's Bench in his realm of
Ireland. And, therefore, that which I shall say to
you, must be applied not to your Serjeant's place,
which you take but in passage, but to that great
place where you are to settle ; and because I will
not spend time to the delay of the business of
SPEECH TO SIR JOHN DENHAM.
4TT
causes of the court, I will lead you the short
journey by examples, and not the long by
precepts.
The place that you shall now serve in, hath
been fortunate to be well served in four succes-
sions before you : do but take unto you the con-
stancy and integrity of Sir Robert Gardiner ; the
gravity, temper, and direction of Sir James Lea;
the quickness, industry, and despatch of Sir
Humphry Winch ; the care and affection to the
commonwealth, and the prudent and politic ad-
ministration of Sir John Denham, and you shall
need no other lessons. They were all Lincoln's
Inn men, as you are; you have known them as
well in their beginnings, as in their advancement.
But because you are to be there not only chief
justice, but a counsellor of estate, I will put you
in mind of the great work now in hand, that you
may raise your thoughts according unto it. Ire-
land is the last " ex filiis Europe," which hath
been reclaimed from desolation, and desert, in
many parts, to population and plantation; and
from savage and barbarous customs to humanity
and civility. This is the king's work in chief:
it is his garland of heroical virtue and felicity,
denied to his progenitors, and reserved to his
times. The work is not yet conducted to perfec-
tion, but is in fair advance : and this I will say
confidently, that if God bless this kingdom with
peace and justice, no usurer is so sure in seven
years' space td double his principal with interest,
and interest upon interest, as that kingdom is
within the same time to double the stock both
of wealth and people. So as that kingdom,
which once within these twenty years wise men
were wont to doubt whether they should wish it
to be in a pool, is like now to become almost a
garden, and younger sister to Great Britain.
And, therefore, you must set down with yourself
to be not only a just governor, and a good chief ,
justice, as if it were in England, but under the
king and the deputy you are to be a master-builder,
and a master-planter, and reducer of Ireland. To
which end, I will trouble you at this time but
with three directions.
The first is, that you have special care of the
three plantations. That of the north, which is in
part acted ; that of Wexford, which is now in dis-
tribution; and that of Longford and Letrim,
which is now in survey. And take this from me,
that the bane of a plantation is, when the under-
takers or planters make such haste to a little
mechanical present profit, as disturbeth the whole
frame and nobleness of the work for times to
come. Therefore hold them to their covenants,
and the strict ordinances of plantation.
The second is, that you be careful of the king's
revenue, and by little and little constitute him a
good demesne, if it may be, which hitherto is
little or none. For the king's easels hard, when
every man's land shall be improved in value with
increase manifold, and the king shall be tied to
his dry rent.
My last direction, though first in weight, is,
that you do all good endeavours to proceed reso-
lutely and constantly, and yet with due temper-
ance and equality, in matters of religion; lest
Ireland civil become more dangerous to us than
Ireland savage. So God give you comfort of
your place.
After Sir William Jones's speech :
I had forgotten one thing, which was this. You
may take exceeding great comfort, that you shall
serve with such a deputy ; one that, I think, is a
man ordained of God to do great good to that
kingdom. And this I think good to say to you,
that the true temper of a chief justice towards a
deputy is, neither servilely to second him, nor
factiously to oppose him.
THE LORD KEEPER'S SPEECH,
IN THE EXCHEQUER,
TO SIR JOHN DENHAM,
WHEN HI WAS CALLED TO BE ONE OF THE BARONS OF THE EXCHEQUER, IN 1617.
Sir John Denham,
The king, of his grace and favour, hath made
choice of you to be one of the barons of the exche-
quer, to succeed to one of the gravest and most
reverend judges of this kingdom ; for so I hold
Baron Altham was. The king takes you not
upon credit, but proof, and great proof of your
former service: and that in both those kinds
wherein you are now to serve : for, as you have
showed yourself a good judge between party and
party, so you have showed yourself a good admi-
nister of the revenue, both when yon were chief
478
SPEECH TO JUSTICE HUTTON.
baron, and since as counsellor ot estate there in
Ireland, where the council, as you know, doth in
great part manage and messuage the revenue.
And to both these parts I will apply some
admonitions, but not vulgar or discursive, but apt
for the times, and in few words, for they are best
remembered.
First, therefore, above all you ought to main-
tain the king's prerogative, and to set down with
yourself, that the king's prerogative and the law
are not two things; but the king's prerogative is
law, and the principal part of the law, the first-
born or " pars prima1' of the law ; and, therefore,
in conserving or maintaining that, you conserve
and maintain the law. There is not in the body
of man one law of the head, and another of the
body, but all is one entire law.
The next point that I would now advise you is,
that you acquaint yourself diligently with the
revenue ; and 'also with the ancient records and
precedents of this court. When the famous case
of the copper mines was argued in this court, and
judged for the king, it was not upon the fine
reasons of wit; as that the king's prerogative
drew to it the chief " in quaque specie :" the lion
is the chief of beasts, the eagle the chief of birds,
the whale the chief of fishes, and so copper the
chief of minerals ; for these are but dalliances of
law and ornaments : but it was the grave records
and precedents that grounded the judgment of that
cause; and, therefore, I would have you both
guide and arm yourself with them against these
vapours and fumes of law, which are extracted
out of men's inventions and conceits.
The third advice I will give you hath a large
extent ; it is, that you do your endeavour in your
place so to manage the king's justice and revenue,
as the king may have most profit, and the subject
least vexation : for when there is much vexation
to the subject, and little benefit to the king, then
the exchequer is sick : and when there is much
benefit to the king, with less trouble and vexation
to the subject, then the exchequer is sound. As,
for example ; if there shall be much racking for
the king's old debts ; and the more fresh and late
debts shall be either more negligently called upon,
or over-easily discharged, or over-indul gently stall-
ed : or, if the number of informations be many,
and the king's part or fines for compositions a
trifle ; or if there be much ado to get the king new
land upon concealments, and that which he hath
already be not known and surveyed, nor the
wood 8 preserved, (I could put you many other
cases,) this falls within that which I term the sick
estate of the exchequer : and this is that which
makes every man ready with their undertakings
and their projects to disturb the ancient frame of
the exchequer ; than trie which I am persuaded,
there is not a better, this being the burden of the
song : That much goeth out of the subject's purse,
and little cometh to the king's puree. Therefore,
give them not that advantage so to say. Sure I
am, that besides your own associates, the barons,
you serve with two superior great officers, that
have honourable and true ends, and desire to
serve the king and right the subject.
There resteth, that I deliver you your
patent.
HIS LORDSHIP'S SPEECH IN THE COMMON PLEAS,
TO JUSTICE HUTTON,
WHEN HI WAS CALLED TO BE ONE OF THE JUDGES OF THE COMMON PLEAS,
Mr. Serjeant Hutton,
The king's most excellent majesty, being duly
informed of your learning, integrity, discretion,
experience, means, and reputation in your country,
hath thought fit not to leave you these talents to
be employed upon yourself only, but to call you
to serve himself, and his people, in the place of
one of his justices of the court of common pleas.
This court where you are to serve, is the local
centre and heart of the laws of this realm : here
the subject hath his assurance by fines and reco-
veries; here he hath his fixed and invariable
remedies by "praecipes" and writs of right; here
justice opens not by a by-gate of privilege, but by
the great gate of the king's original writs out of
the chancery. Here issues process of outlawry;
if men will not answer law in this centre of law,
they shall be cast out. And, therefore, it is proper
for you, by all means, with your wisdom and for-
titude, to maintain the laws of the realm : wherein,
nevertheless, I would not have you headstrong,
but heartstrong; and to weigh and remember
with yourself, that the twelve judges of the realm
are as the twelve lions under Solomon's throne:
they must show their stoutness in elevating and
bearing up the throne. To represent unto yon
the lines and portraitures of a good judge :
1. The first is, that you should draw your
ORDINANCES IN CHANCERY.
470
learning out of your books, not out of your
brain.
2. That yon should mix well the freedom of
your opinion with the reverence of the opinion of
your fellows.
3. That you should continue the studying of
your books, and not to spend on upon the old stock.
4. That you should fear no man's face, and yet
not turn stoutness into bravery.
5. That you should be truly impartial, and not
so as men may see affection through fine carriage.
6. That you should be a light to jurors to open
their ey es, but not a guide to lead them by the noses.
7. That you affect not the opinion of pregnancy
and expedition by an impatient and catching
hearing of the counsellors at the bar.
8. That your speech be with gravity, as one of
the sages of the law : and not talkative, nor with
impertinent flying out to show learning.
9. That your hands, and the hands of your
hands, I mean those about you, be clean and un-
corrupt from gifts, from meddling in titles, and
from serving of turns, be they of great ones or
small ones.
10. That you contain the jurisdiction of the
court within the ancient mcrestones, without re-
moving the mark.
11. Lastly, that you carry such a hand over
your ministers and clerks, as that they may
rather be in awe of you, than presume upon you.
These and the like points of the duty of a judge
I forbear to enlarge : for the longer I have lived
with you, the shorter shall my speech be to you :
knowing that you come so furnished and prepared
with these good virtues, as whatsoever I shall say
cannot be new unto you ; and, therefore, I will
say no more unto you at this time, but deliver you
your patent.
ORDINANCES MADE
BY THE LORD CHANCELLOR BACON,
FOR THE BETTER AND MORE REGULAR ADMINISTRATION OF JUSTICE IN THE CHANCERY,
TO BE DAILY ORSERVED, SAVING THE PREROGATIVE OF THE COURT.
No decree shall be reversed, altered, or ex-
plained, being once under the great seal, but upon
bill of review : and no bill of review shall be
admitted, except it contain either error in law,
appearing in the body of the decree, without
farther examination of matters in fact, or some
new matter which hath risen in time after the
decree, and not any new proof which might have
been used when the decree was made: never-
theless, upon new proof, that is come to light
after the decree made, and could not possibly have
been used at the time when the decree passed, a
bill of review may be grounded by the special
license of the court, and not otherwise.
2. In case of miscasting, being a matter de-
monstrative, a decree may be explained, and j
reconciled by an order without a bill of review ;
not understanding, by miscasting, any pretended
misrating or misvaluing, but only error in the
auditing or numbering.
3. No bill of review shall be admitted, or any
other new bill, to change matter decreed, except
the decree be first obeyed and performed : as, if
it be for land, that the possession be yielded ; if
it be for money, that the money be paid ; if it be
for evidences, that the evidences be brought in ;
and so in other cases which stand upon the
strength of the decree alone.
4. But if any act be decreed to be done which
extinguished the parties' right at the common
law, as making of assurance or release, acknow-
ledging satisfaction, cancelling of bonds, or evi-
dences, and the like ; those parts of the decree
are to be spared until the bill of review be deter-
mined ; but such sparing is to be warranted by
public order made in court.
5. No bill of review shall be put in, except
the party that prefers it enter into recognisance
with sureties for satisfying of costs and damages
for the delay, if it be found against him.
6. No decrees shall be made, upon pretence of
equity, against the express provision of an act of
parliament: nevertheless, if the construction of
such act of parliament hath for a time gone one
way in general opinion and reputation, and after
by a later judgment hath been controlled, then
relief may be given upon matter of equity, for
cases arising before the said judgment, because
the subject was in no default.
7. Imprisonment for breach of a decree is in
480
ORDINANCES IN CHANCERY.
nature of an execution, and therefore the custody
ought to be strait, and the party not to have any
liberty to go abroad, but by special license of the
lord chancellor; but no close imprisonment is
to be, but by express order for wilful and extra-
ordinary contempts and disobedience, as hath
been used.
8. In case of enormous and obstinate disobe-
dience in breach of a decree, an injunction is to be
granted " sub poena" of a sum ; and upon affida-
vit, or other sufficient proof, or persisting in con-
tempt, fines are to be pronounced by the lord
chancellor in open court, and the same to be
estreated down into the hanaper, if cause be, by a
special order.
9. In case of a decree made for the possession
of land, a writ of execution goes forth ; and if
that be disobeyed, then process of contempt ac-
cording to the course of the court against the
person, unto a commission of rebellion; and then
a Serjeant at arms by special warrant : and in case
the serjeant at arms cannot find him, or be resisted ;
or upon the coming in of the party, and his com-
mitment, if he persist in disobedience, an injunc-
tion is to be granted for the possession ; and in
case also that be disobeyed, then a commission to
the sheriff to put him into possession.
10. Where the party is committed for the breach
of a decree, he is not to be enlarged until the decree
be fully performed in all things, which are to be
done presently. But if there be other parts of the
decree to be performed at days, at times to come,
then he may be enlarged by order of the court
upon recognisance, with sureties to be put in for
the performance thereof "de futuro," otherwise
not.
11. Where causes come to a hearing in court,
no decree bindeth any person who was not served
with process " ad aiidiendum judicium,** accord-
ing to the coarse of the court, or did appear
«* gratis" in person in court.
12. No decree bindeth any that cometh in "bona
fide," by conveyance from the defendant before
the bill exhibited, and is made no party, neither
by bill nor the order; but where he comes in
«• pendente lite,1' and while the suit is in full
prosecution, and without any colour of allowance
or privity of the court, there regularly the decree
bindeth ; but if there were any intermission of
suit, or the court made acquainted with the con-
veyance, the court is to give order upon the spe-
cial matter according to justice.
13. Where causes are dismissed upon full hear-
ing, and the dismission signed by the lord chan-
cellor, such causes shall not be retained again,
nor new bill exhibited, except it be upon new
matter, like to the case of the bill of review.
14. In case of all other dismissions, which are
not upon hearing of the cause, if any new bill be
brought, the dismission is to be pleaded ; and after
reference and report of the contents of both suits,
and consideration taken of the former orders and
dismission, the court shall rule the retaining or
dismissing of the new bill, according to justice
and nature of the case.
15. All suits grounded upon wills nuncupative,
leases parol, or upon long leases that tend to the
defeating of the king's tenures, or for the esta-
blishing of perpetuities, or grounded upon remain-
ders put into the crown, to defeat purchasers; or
for brokage or rewards to make marriages; or for
bargains at play and wagers ; or for bargains for
offices contrary to the statute of 5 and 6 Ed. VI.,
or for contracts upon usury or simony, are regu-
larly to be dismissed upon motion, if they be the
sole effect of the bill ; and if there be no special
circumstances to move the court to allow their
proceedings, and all suits under the value of ten
pounds, are regularly to be dismissed. V. postea
§ 58. 60.
16. Dismissions are properly to be prayed, and
had, either upon hearing, or upon plea unto the
hill, when the cause comes first into court; but
dismissions are not to be prayed after the parties
have been at charge of examination, except it be
upon special cause.
17. If the plaintiff discontinue the prosecution,
after all the defendants have answered, above the
space of one whole term, the cause is to be dis-
missed of course without any motion ; but after
replication put in* no cause is to be dismissed
without motion and order of the court.
18. Double vexation is not to be admitted ; bnt
if the party sue for the same cause at the common
law and in chancery, he is to have a day given to
make his election where he will proceed, and in
default of making such election to he dismissed.
19. Where causes are removed by special M cer-
tiorari" upon a bill containing matter of equity,
the plaintiff is, upon receipt of his writ, to put in
bond to prove his suggestions within fourteen
days after the receipt; which, if he do not prove,
then upon certificate from either of the examiners,
presented to the lord chancellor, the cause shall
be dismissed with costs, and a "procedendo" to
be granted.
20. No injunction of any nature shall be granted,
revived, dissolved, or stayed upon any private
petition.
21. No injunction to stay suits at the common
law shall be granted upon priority of suit only,
or upon surmise of the plaintiff's bill only ; but
upon matter confessed in the defendant's answer,
or matter of record, or writing plainly appearing,
or when the defendant is in contempt for not
answering, or that the debt desired to be stayed
appeareth to be old, and hath slept long, or the
creditor or the debtor hath been dead some good
time before the suit brought.
22. Where the defendant appears not, but sits
an attachment ; or when he doth appear, and de-
parts without answer, and is under attachment for
ORDINANCES IN CHANCERY,
481
not answering ; or when he takes oath he cannot
answer without sight of evidences in the country ;
or where after answer he sues at common law by
attorney, and absents himself beyond sea ; in
these cases an injunction is to be granted for the
stay of all suits at the common law, until the
party answer or appear in person in court, and the
court give farther order: but, nevertheless, upon
answer put in, if there be no motion made the same
term, or the next general seal after the term, to
continue the injunction in regard of the insuffi-
ciency of the answer put in, or in regard of matter
confessed in the answer, then the injunction to
die and dissolve without any special order.
23. In the case aforesaid, where an injunction
is to be awarded for stay of suits at the common
law, if like suit be in the chancery, either by
"scire facias," or privilege, or English bill, then
the suit is to be stayed by order of the court, as it
is in other courts by injunction, for that the court
cannot enjoin itself.
24. Where an injunction hath been obtained
for staying of suits, and no prosecution is had for
the space of three terms, the injunction is to fall
of itself without farther motion.
25. Where a bill comes in after an arrest at the
common law for debt, no injunction shall be
granted without bringing the principal money into
court, except there appear in the defendant's an-
swer, or by sight of writings, plain matter tend-
ing to discharge the debt in equity : but if an
injunction be awarded and disobeyed, in that case
no money shall be brought in, or deposited, in
regard of the contempt.
26. Injunctions for possession are not to be
granted before a decree, but where the possession
hath continued by the space of three years, before
the bill exhibited, and upon the same title ; and
not upon any title by lease, or otherwise deter-
mined.
27. In case where the defendant sits all the
process of contempt, and cannot be found by the
Serjeant at arms, or resists the serjeant, or makes
rescue, a sequestration shall be granted of the
land in question ; and if the defendant render not
himself within the year, then an injunction for
the possession.
28. Injunctions against felling of timber,
ploughing up of ancient pastures, or for the
maintaining of enclosures, or the like, shall be
granted according to the circumstances of the
case ; but not in case where the defendant upon
his answer claimeth an estate of inheritance,
except it be where he claimeth the land in trust,
or upon some other special ground.
29. No sequestration shall be granted but of
lands, leases, or goods in question, and not of
any other lands or goods, not contained in the
suits.
30. Where a decree is made for rent to be paid
out of land, or a sum of money to be levied out
Vol. II.— 61
of the profits of land, there a sequestration of the
same lands, being in the defendant's hands, may
be granted.
31. Where the decrees of the provincial coun-
cil, or of the court of requests, or the queen's
court, are by contumacy or other means interrupt-
ed ; there the court of chancery, upon a bill pre-
ferred for corroborations of the same jurisdictions,
decrees, and sentences, shall give remedy.
32. Where any cause comes to a hearing, that
hath been formerly decreed in any other of the
king's courts at Westminster, such decree shall
be first read, and then to proceed to the rest of
the evidence on both sides.
33. Suits after judgment may be admitted ac-
cording to the ancient custom of the chancery,
and the late royal decision of his majesty, of
record, after solemn and great deliberation : but
in such suits it is ordered, that bond be put in
with good sureties to prove the suggestions of the
bill.
34. Decrees upon suits brought alter judgment
shall contain no words to make void or weaken
the judgment, but shall only correct the corrupt
conscience of the party, and rule him to make
restitution, or perform other acts, according to the
equity of the cause.
35. The registers are to be sworn, as hath been
lately ordered.
36. If any order shall be made, and the court
not informed of the last material order formerly
made, no benefit shall be taken by such order, as
granted by abuse and surreption ; and to that end
the registers ought duly to mention the former
order in the later.
37. No order shall be explained upon any pri-
vate petition but in court as they are made, and
the register is to set down the orders as they were
pronounced by the court, truly, at his peril,
without troubling the lord chancellor, by any pri-
vate attending of him, to explain his meaning;
and if any explanation be desired, it is to be done
by public motion, where the other party may be
heard.
38. No draught of any order shall be delivered
by the register to either party, without keeping a
copy by him, to the end that if the order be not
entered, nevertheless the court may be informed
what was formerly done, and not put to new
trouble and bearing; and to the end also that
knowledge of orders be not kept back too long
from either party, but may presently appear at the
office.
39. Wrhere a cause hath been debated upon
hearing of both parties, and opinion hath been
delivered by the court, and, nevertheless, the cause
referred to treaty, the registers are not to omit the
opinion of the court, in drawing of the order of
reference, except the court doth especially declare
that it be entered without any opinion either way ;
in which case, nevertheless, the registers are out
2S
482
ORDINANCES IN CHANCERY.
of their short note to draw up some more full re-
membrance of that that passed in court, to inform
the court if the cause come back and cannot be
agreed.
40. The registers, upon sending of their draught
unto the counsel of the parties, are not to respect
the interlineations, or alterations, of the said
counsel, be the said counsel never so great, farther,
than to put them in remembrance of that which
was truly delivered in court, and so to conceive
the order, upon their oath and duty, without any
farther respect.
41. The registers are to be careful in the pen-
ning and drawing up of decrees, and special mat-
ters of difficulty and weight; and, therefore, when
they present the same to the lord chancellor, they
ought to give him understanding which are such
decrees of weight, that they may be read and re-
viewed before his lordship sign them.
42. The decrees granted at the rolls are to he
presented to his lordship, with the orders where-
upon they are drawn, within two or three days
after every term.
43. Injunctions for possession, or for stay of
suits after verdict, are to be presented to his lord-
ship, together with the orders whereupon they go
forth, that his lordship may take consideration of
the order before he sign them.
44. Where any order upon the special nature
of the case shall be made against any of these
general rules, there the register shall plainly and
expressly set down the particulars, reasons, and
grounds, moving the court to vary from the gene-
ral use.
45. No reference upon a demurrer, or question
touching the jurisdiction of the court, shall be
made to the masters o£ the chancery ; but such
demurrers shall be heard and ruled in court, or by
the lord chancellor himself.
46. No order shall be made for the confirming
or ratifying of any report without day first given,
by the space of a sevennight at the least, to speak
to it in court.
47. No reference shall be made to any masters
of the court, or any other commissioners to hear
and determine, where the cause is gone so far as
to examination of witnesses, except it be in special
causes of parties near in blood, or of extreme
poverty, or by consent and general reference of the
estate of the cause, except it be by consent of the
parties to be sparingly granted.
48. No report shall be respected in court,
which exceedeth the warrant of the order of re-
ference.
49. The masters of the court are required not to
certify the state of any cause, as if they would
make breviate of the evidence on both sides,
which doth little ease the court, but with some
opinion ; or, otherwise, in case they think it too
doubtful to give opinion, and therefore make such
special certificate, the cause is to go on to a judi- •
cidl hearing, without respect had to the same.
50. Matters of account, unless it be in very
weighty causes, are not fit for the court, but to be
prepared by reference, with this difference, never-
theless, that the cause comes first to a hearing;
and upon the entrance into a hearing, they may
receive some direction, and be turned over to have
the accounts considered, except both parties, be-
fore a hearing, do consent to a reference of the
examination of the accounts, to make it mors*
ready for a hearing.
51. The like course to be taken for the exami-
nation of court rolls, upon customs and copies,
which shall not be referred to any one master, bat
to two masters at the least.
52. No reference to be made of the insufficiency
of an answer, without showing of some particular
point of the defect, and not upon surmise of the
insufficiency in general.
53. Where a trust is confessed by the defend-
ant's answer, there needeth no farther hearing of
the cause, but a reference presently to be made
upon the account, and so to go on to a hearing of the
accounts.
54. In all suits where it shall appear, upon the
hearing of the cause, that the plaintiff had not
"probabilem causam litigandi," he shall pay
unto the defendant his utmost costs, to be assess-
ed by the court.
55. If any bill, answer, replication, or rejoinder
shall be found of an immoderate length, both the
party and the counsel under whose hand it passeth
shall be fined.
56. If there be contained in any bill, answer,
or other pleadings, or any interrogatory, any matter
libellous or slanderous against any that is not
party to the suit, or against such as are parties to
the suit, upon matters impertinent, or in deroga-
tion of the settled authorities of any of his majesty's
court ; such bills, answers, pleadings, or interro-
gatories shall be taken off the file and suppressed,
and the parties severally punished by commitment
or ignominy, as shall be thought fit, for the abuse
of the court ; and the counsellors at law, who
have set their hands, shall likewise receive reproof
or punishment, if cause be.
57. Demurrers and pleas which tend to dis-
charge the suit shall be heard first upon every day
of orders, that the subject may know whether he
shall need farther attendance or no.
58. A demurrer is properly upon matter defect*
ive, contained in the bill itself, and no foreign
matter; but a plea is of foreign matter to dis-
charge or stay the suit, as that the cause hath been
formerly dismissed, or that the plaintiff is outlaw-
ed, or excommunicated ; or there is another bill
depending for the same cause, or the like : and
such plea may be put in without oath, in cast
where the matter of the plea appear upon record;
ORDINANCES IN CHANCERY.
483
bat if it be any thing that doth not appear upon
record, the plea must be upon oath.
$9. No plea of outlawry shall be allowed with-
out pleading the record " sub pede sigilli ;" nor
plea of excommunication, without the seal of the
ordinary.
60. Where any suit appeareth upon the bill to
be of the natures which are regularly to be dis-
missed according to the fifteenth ordinance, such
matter is to be set forth by way of demurrer.
61. Where an answer shall be certified insuffi-
cient, the defendant is to pay costs : and if a second
answer be returned insufficient, in the points before
certified insufficient, then double costs, and upon
the third treble costs, and upon the fourth quadru-
ple costs, and then to be committed also until he
hath made a perfect answer, and to be examined
upon interrogatories touching the points defective
in his answer; but if any answer be certified
sufficient, the plaintiff is to pay costs.
62. No insufficient answer can be taken hold
of after replication put in, because it is admitted
sufficient by the replication.
63. An answer to a matter charged as the de-
fendant's own fact must be direct, without saying
it is to his remembrance, or as he believeth, if it
be laid down within seven years before ; and if
the defendant deny the fact, he must traverse it
directly, and not by way of negative pregnant; as
if a fact be laid to be done with divers circum-
stances, the defendant may not traverse it literally
as it is laid in the bill, but must traverse the point
of substance : so if he be charged with the receipt
of one hundred pounds, he must traverse that he
hath not received a hundred pounds, or any part
thereof; and if he have received part, he must set
•forth what part.
64. If a hearing be prayed upon bill and
answer, the answer must be admitted to be true
in all points, and a decree ought not to be made,
but upon hearing the answer read in court.
65. Where no counsel appears for the defendant
at the hearing, and the process appears to have
been served, the answer of such defendant is to
be read in court.
66. No new matter is to be contained in any
replication, except it be to avoid matter set forth
in the defendant's answer.
67. All copies in chancery shall contain fifteen
lines in every sheet thereof, written orderly and
unwastefully, unto which shall be subscribed the
name of the principal clerk of the office where it
is written, or his deputy, for whom he will
answer, foi which only subscription no fee at all
shall be taken.
G8. All commissions for examination of wit-
nesses shall be " super interr. inclusis" only, and
no return of depositions into the court shall be
received, but such only as shall be either com-
promised in one roll, subscribed with the name of
the commissioners, or else in divers rolls, where-
of each one shall be so subscribed.
69. If both parties join in commission, and
upon warning given the defendant bring his com-
missioners, but produceth no witnesses, nor mi-
nistereth interrogatories, but after seek a new
commission, the same shall not be granted : but,
nevertheless, upon some extraordinary excuse of
the defendant's default, he may have liberty
granted by special order to examine his witnesses
in court upon the former interrogatories, giving
the plaintiff or his attorney notice, that lie may
examine also if he will.
70. The defendant is not to be examined upon
interrogatories, except it be in very special cases,
by express order of the court, to sift out some
fraud or practice pregnantly appearing to the
court, or otherwise upon offer of the plaintiff to be
concluded by the answer of the defendant without
any liberty to disprove such answer, or to impeach
him after a perjury.
71. Decrees in other courts may be read upon
hearing without the warrant of any special order :
but no depositions taken in any other court are to
be read but by special order ; and regularly the
court granteth no order for reading of depositions,
except it be between the same parties, and upon
the same title and cause of suit.
72. No examination is to be had of the credit
of any witness but by special order, which is
sparingly to be granted.
73. Witnesses shall not be examined " in per-
petuam rei memoriam," except it be upon the
ground of a bill first put in, and answer thereunto
made, and the defendant or his attorney made ac-
quainted with the names of the witnesses that the
plaintiff would have examined, and so publication
to be of such witnesses ; with this restraint, never-
theless, that no benefit shall be taken of the depo-
sitions of such witnesses, in case they may be
brought "viva voce" upon the trial, but only to
be used in case of death before the trial, or age,
or impotency, or absence out of the realm at the
trial.
74. No witnesses shall be examined after pub-
lication, except it be by consent, or by special
order, "ad informandam conscientiam judicis,"
and then to be brought close sealed up to the
court to peruse or publish, as the court shall
think good.
75. No affidavit shall be taken or admitted by
any master of the chancery, tending to the proof
or disproof of the title, or matter in question, or
touching the merits of the cause ; neither shall
any such matter be colourably inserted in any
affidavit for serving of process.
76. No affidavit shall be taken against affidavit,
as far as the masters of the chancery can have
knowledge ; and if any such be taken, the latter
affidavit shall not be used nor read in court.
484
ORDINANCES IN CHANCERY.
77. In case of contempts grounded upon force
or ill words, upon serving of process, or upon
words of scandal of the court, proved by affidavit,
the party is forthwith to stand committed ; but,
for other contempts against the orders or decrees
of the court, an attachment goes forth : first, upon
an affidavit made, and then the party is to be
examined upon interrogatories, and his examina-
tion referred ; and if, upon his examination, he
confess matter of contempt, he is to be committed ;
if not, the adverse party may examine witnesses
to prove the contempt: and, therefore, if the con-
tempt appear, the party is to be committed ; but,
if not, or if the party that pursues the contempt do
fail in putting in interrogatories, or other prosecu-
tion, or fail in the proof of the contempt, then the
party charged with the contempt, is to be dis-
charged with good costs.
78. They that are in contempt, specially so far
as proclamation of rebellion, are not to be heard,
neither in that suit, nor any other, except the court
of special grace suspend the contempt.
79. Imprisonment upon contempt for matters
past may be discharged of grace, after sufficient
punishment, or otherwise dispensed with: but,
if the imprisonment be for not performance of any
order of the court in force, they ought not to be
discharged except they first obey, but the con-
tempt may be suspended for a time.
80. Injunctions, sequestration, dismissions,
retainers upon dismissions, or final orders, are not
to be granted upon petitions.
81. No former order made in court is to be
altered, crossed, or explained upon any petition ;
but such orders may be stayed upon petition for a
small stay, until the matter may be moved in
court.
82. No commission for examination of wit-
nesses shall be discharged ; nor no examinations
or depositions shall be suppressed upon petition,
except it be upon point of course of the court first
referred to the clerks, and certificate thereupon.
83. No demurrer shall be overruled upon pe-
tition.
84. No " scire facias'9 shall be awarded upon
recognisances not enrolled, nor upon recognisances
enrolled, unless it be upon examination of the re-
cord with the writ ; nor no recognisance shall be
enrolled after the year, except it be upon special
order from the lord chancellor.
85. No writ of " ne exeat regnum," prohibition,
consultation, statute of Northampton, " certiorari"
special, or *• procedendo" special, or " certiorari"
or " procedendo" general, more than once in the
same cause ; " habeas corpus," or " corpus cum
causa, vi laica removend," or restitution there-
upon, " de coronatore et viridario eligendo,
case of a moving " de homine repleg. assiz.
special patent, "de ballivo amovend', certiorari
super presentationibus fact, coram commissariis
sewar\" or " ad quod dampnum," shall pass with-
»»
»»
in
or
out warrant under the lord chancellor's hand, and
signed by him, save such writs " ad quod damp-
num," as shall be signed by Master Attorney.
86. Writs of privilege are to be reduced to a
better rule, both for the number of persons that
shall be privileged, and for the case of the privi-
lege : and as for the number, it shall be set down
by schedule : for the case, it is to be understood,
that besides persons privileged as attendants upon
the court, suitors and witnesses are only to have
privilege "eundo, redeundo, et morando," for
their necessary attendance, and not otherwise;
and that such writ of privilege dischargeth only
an arrest upon the first process, but yet, where at
such times of necessary attendance the party is
taken in execution, it is a contempt to the court,
and accordingly to be punished.
87. No " supplicavit" for the good behaviour
shall be granted, but upon articles grounded upon
the oath of two at the least, or certificate upon any
one justice of assize, or two justices of the peace,
with affidavit that it is their hands, or by order of
the Star Chamber, or chancery, or other of the
king's courts.
88. No recognisance of the good behaviour, or
the peace, taken in the country, and certified into
the petty bag, shall be filed in the year without
warrant from the lord chancellor.
89. Writs of " ne exeat regnum" are properly
to be granted according to the suggestion of the
writ, in respect of attempts prejudicial to the king
and state, in which case the lord chancellor will
grant them upon prayer of any of the principal
secretaries without cause showing, or upon such
information as his lordship shall think of weight:
but otherwise also they may be granted, according
to the practice of long time used, in case of inter-
lopers in trade, great bankrupts, in whose estate
many subjects are interested, or other cases that
concern multitudes of the king's subjects, also in
cases of duels, and divers others.
90. All writs, certificates, and whatsoever other
process "ret. coram Rege in Cane." shall be
brought into the chapel of the rolls, within con-
venient time after the return thereof, and shall be
there filed upon their proper files and bundles as
they ought to be ; except the depositions of wit-
nesses, which may remain with any of the six
clerks by the space of one year next after the
cause shall be determined by decree, or otherwise
be dismissed.
91. All injunctions shall be enrolled, or the
transcript filed, to the end that, if occasion be, the
court may take order to award writs of " scire
facias" thereupon, as in ancient time hath been
used.
92. All days given by the court to sheriffs to
return their writs, or bring in their prisoners upon
writs of privilege, or otherwise between party and
party, shall be filed, either in the register's office,
or in the petty-bag respectively ; and all recogni-
EXPOSTULATION TO LORD COKE.
485
sances taken to the king's use, or unto the court,
shall be duly enrolled in convenient time, with
the clerks of the enrollment, and calendars made
of them, and the calendars every Michaelmas
term to be presented to the lord chancellor.
93. In case of suits upon the commissions for
charitable uses, to avoid charge, there shall need
no bill, but only exceptions to the decree, and an-
swer forthwith to be made thereunto; and there-
upon, and upon sight of the inquisition, and the
decree brought unto the lord chancellor by the
clerk of the petty-bag, his lordship, upon perusal
thereof, will give order under his hand for an ab-
solute decree to be drawn up.
94. Upon suit for the commission of sewers,
the names of those that are desired to be commis-
sioners are to be presented to the lord chancellor
in writing; then his lordship will send the names
of some privy counsellor, lieutenant of the shire,
or justices of assize, being resident in the parts
for which the commission is prayed, to consider
of them, that they be not put in for private re-
spects ; and upon the return of such opinion, his
lordship will give farther order for the commission
to pass.
95. No new commission of sewers shall be
granted while the first is in force, except it be
upon discovery of abuse or fault in the first com-
missioners, or otherwise upon some great or
weighty ground.
9G. No commission of bankrupt shall be granted
but upon petition first exhibited to the lord chancel-
lor, together with names presented, of which his
lordship will take consideration, and always mingle
some learned in the law with the rest; yet so
as care be taken that the same parties be not too
often used in commissions ; and likewise care is
to be taken that bond with good surety be entered
into, in 200/. at least, to prove him a bankrupt.
97. No commission of delegates in any cause
of weight shall be awarded, but upon petition
preferred to the lord chancellor, who will name
the commissioners himself, to the end they may be
persons of convenient quality, having regard to
the weight of the cause, and the dignity of the
court from whence the appeal is.
98. Any man shall be admitted to defend " in
forma pauperis," upon oath, but for plaintiffs they
are ordinarily to be referred to the court of re-
quests, or to the provincial councils, if the case
arise in those jurisdictions, or to some gentlemen
in the country, except it be in some special cases
of commiseration, or potency of the adverse
party.
99. Licenses to collect for losses by fire or
water are not to be granted, but upon good certifi-
cate ; and not for decays of suretyship or debt, or
any other casualties whatsoever; and they are
rarely to be renewed ; and they are to be directed
ever unto the county where the loss did arise, if
it were by fire, and the counties that abut upon it,
as the case shall require ; and if it were by sea,
then unto the county where the port is, from
whence the ship went, and to some sea-counties
adjoining.
100. No exemplification shall be made of letters
patents, " inter alia,1' with omission of the general
word 8 ; nor of records made void or cancelled ;
nor of the decrees of this court not enrolled ; nor
of depositions by parcel and fractions, omitting
the residue of the depositions in court, to which
the hand of the examiner is not subscribed ; nor
of records of the court not being enrolled or filed ;
nor of records of any other court, before the same
be duly certified to this court, and orderly filed
here ; nor of any records upon the sight and ex-
amination of any copy in paper, but upon sight
and examination of the original.
101. And because time and experience may
discover some of these rules to be inconvenient,
and some other to be fit to be added ; therefore
his lordship intendeth in any such case from time
to time to publish any such revocations or addi-
tions.
AN EXPOSTULATION
TO THE
LORD CHIEF JUSTICE COKE.
My very good Lord,
Thouuh it be true, that " he who considereth
the wind arid the rain, shall neither sow nor reap ;"
yet, " there is a season for every action," and so
" there is a time to speak, and a time to keep
silence." There is a time when the words of a
poor simple man may profit; and that poor man
in "The Preacher," which delivered the city by
his wisdom, found that without this opportunity
the owner both of wisdom and eloquence lose bat
Ss9
486
EXPOSTULATION TO LORD COKE.
their labour, and cannot charm the deaf adder.
God, therefore, before his Son that bringeth
mercy, sent his servant, the trumpeter of repent-
ance, to level every high hill, to prepare the way
before him, making it smooth and straight: and
as it is in spiritual things, where Christ never
comes before his waymaker hath laid even the
heart with sorrow and repentance, since self-con-
ceited and proud persons think themselves too
good and too wise to learn of their inferiors, and
therefore need not the physician, so, in the rules
of earthly wisdom, it is not possible for nature to
attain any mediocrity of perfection, before she be
humbled by knowing herself and her own igno-
rance. Not only knowledge, but also every other
gift, which we call the gifts of fortune, have power
to puff up earth : afflictions only level these mole
hills of pride, plough the heart, and make it fit
for wisdom to sow her seed, and for grace to bring
forth her increase. Happy is that man, therefore,
both in regard of heavenly and earthly wisdom,
that is thus wounded to be cured, thus broken to
be made straight ; thus made acquainted with his
own imperfections, that he may be perfected.
Supposing this to be the time of your affliction,
that which I have propounded to myself is, by
taking this seasonable advantage, like a true
friend, though far unworthy to be counted so, to
show you your true shape in a glass; and that not
in a false one to flatter you, nor yet in one that
should make you seem worse than you are, and
so offend you ; but in one made by the reflection
of your own words and actions ; from whose light
proceeds the voice of the people, which is often
not unfitly called the voice of God. But, therein,
since I have purposed a truth, I must entreat
liberty to be plain, a liberty that at this time I
know not whether or no I may use safely, I am
sure at other times I could not; yet, of this re-
solve yourself, it proceedeth from love and a true
desire to do you good; that you knowing the
general opinion, may not altogether neglect or
contemn it, but mend what you find amiss in your-
self, and retain what your judgment shall approve ;
for to this end shall truth be delivered as naked
as if yourself were to be anatomized by the hand
of opinion. All men can see their own profit,
that part of the wallet hangs before. A true
friend (whose worthy office I would perform,
since, I fear, both yourself and all great men want
such, being themselves true friends to few or none)
is first to show the other, and which is from your
eyes.
First, therefore, behold your errors. In dis-
course you delight to speak too much, not to hear
other men ; this, some say, becomes a pleader, not
a judge ; for by this sometimes your affections are
entangled with a love of your own arguments,
though they be the weaker; and rejectingof those,
which, when your affections were settled, your
own judgment would allow for strongest. Thus,
while you speak in your own element, the law,
no man ordinarily equals you ; but when you
wander, as you often delight to do, you wander
indeed, and give never such satisfaction as the
curious time requires. This is not caused by any
natural effect, but first for want of election, when
you, having a large and fruitful mind, should not
so much labour what to speak, as to find what to
leave unspoken : rich soils are often to be weeded.
Secondly, You cloy your auditory when yon
would be observed ; speech must be either sweet
or short.
Thirdly, You converse with books, not men,
and books especially human; and have no ex-
cellent choice with men, who are the best books*
for a man of action and employment you seldom
converse with, and then but with your underlings;
not freely, but as a schoolmaster with his scholars,
ever to teach, never to learn : but if sometimes
you would in your familiar discourse hear others,
and make election of such as know what they
speak, you should know many of these tales yon
tell to be but ordinary ; and many other things,
which you delight to repeat and serve in for no? el-
ties, to be but stale. As in your pleadings yon
were wont to insult over misery, and to inveigh
bitterly at the persons, which bred you many ene-
mies, whose poison yet swelleth, and the effects
now appear, so are you still wont to be a little
careless in this point, to praise or disgrace upon
slight grounds, and that sometimes untruly ; so
that your reproofs or commendations are for tho
most part neglected and contemned; when the
censure of a judge, coming slow but sure, should
be a brand to the guilty, and a crown to the virtu-
ous. You will jest at any man in public, with-
out respect of the person's dignity or your own :
this disgraceth your gravity, more than it can ad-
vance the opinion of your wit; and so do all ac-
tions which we see you do directly with a touch
of vainglory, having no respect to the true end.
You make the law to lean too much to your
opinion, whereby you show yourself to be a legal
tyrant, striking with that weapon where yon
please, since you are able to turn the edge any
way : for thus the wise master of the law gives
warning to young students, that they should be
wary, lest, while they hope to be instructed by
your integrity and knowledge, they should be
deceived with your skill armed with authority.
Your too much love of the world is too much
seen, when, having the living of a thousand, you
relieve few or none: the hand that has taken so
much, can it give so little ? Herein you show no
bowels of compassion, as if you thought all too
little for yourself; or that God hath given you all
that you have, if you think wealth to be his gift,
I mean that you get well, for I know sure the rest
is not, only to that end you should still gather
more, and never be satisfied ; but try how much
you would gather, to account for all at the great
EXPOSTULATION TO LORD COKE.
487
and general audit-day. We desire you to amend
this, and let your poor tenants in Norfolk find
tome comfort; where nothing of your estate is
spent towards their relief, but all brought up
thither, to the impoverishing of your country.
In your last, which might have been your best,
piece of service to the state, affectioned to follow
that old rule, which giveth justice leaden heels
and iron hands, you used too many delays, till the
delinquents' hands were loosed, and yours bound:
in that work you seemed another Fabius, where
the humour of Marcellus would have done better;
what need you have sought more evidences than
enough 1 while you pretended the finding out of
more, missing your aim, you discredited what
you had found. This best judgments think;
though you never used such speeches as are
fathered upon you, yet you might well have done
it, and but rightly ; for this crime was second to
none, but the powder-plot : that would have blown
up all at one blow, a merciful cruelty ; this would
have done the same by degrees, a lingering but a
sure way ; one might by one be called out, till
all op posers had been removed.
Besides, that other plot was scandalous to Rome,
making Popery odious in the sight of the whole
world ; this hath been scandalous to the truth of
the whole gospel ; and since the first nullity to
this instant, when justice hath her hands bound,
the devil could not have invented a more mis-
ehievous practice to our state and church than this
hath been, is, and is like to be. God avert the evil.
But herein you committed another fault : that
as you were too open in your proceedings, and so
taught them thereby to defend themselves ; so you
gave them time to undermine justice, and to work
upon all advantages, both of affections, and honour,
and opportunity, and breach of friendship ; which
they have so well followed, sparing neither pains
nor costs, that it almost seemeth a higher offence
in you to have done so much indeed, than that
yon have done no more : you stop the confessions
and accusations of some, who, perhaps, had they
been suffered, would have spoken enough to have
removed some stumbling blocks out of your way ;
and that you did not this in the favour of any one,
but of I know not what present unadvised hu-
mours, supposing enough behind to discover all ;
which fell not out so. Howsoever, as the apostle
•aith in another case, you " went not rightly to
the truth ;" and, therefore, though you were to be
commended for what you did, yet you were to be
reprehended for many circumstances in the doing;
and doubtless God hath an eye in this cross to
your negligence, and the briers are left to be pricks
in your sides and thorns in your eyes. But that
which we commend you for, are those excellent
farts in nature, and knowledge in the law, which
yon are endowed withal ; but these are only good
in their good use. Wherefore we thank you
heartily for standing stoutly in the common-
wealth's behalf; hoping it proceedeth not from a
disposition to oppose greatness, as your enemies
say, but to do justice, and deliver truth indiffer-
ently without respect of persons ; and in this we
pray for your prosperity, and are sorry that your
good actions should not always succeed happily.
But in the carriage of this you were faulty ; for
you took it in hand in an evil time, both in respect
of the present business which was interrupted,
and in regard of his present sickness whom it
concerned, whereby you disunited your strength,
and made a gap for the enemies to pass out at,
and to return and assault you.
But now, since the case so stand eth, we desire
you to give way to power, and so to fight that you
be not utterly broken, but reserved entirely to
serve the commonwealth again, and to do what
good you can, since you cannot do all the good
you would ; and since you are fallen upon this
rock, cast out the goods to save the bottom ; stop
the leaks and make towards land ; learn of the
steward to make friends of the unrighteous mam-
mon. Those Spaniards in Mexico who were
chased of the Indians, tell us what to do with our
goods in our extremity ; they being to pass over
a river in their flight, as many as cast away their
gold swam over safe; but some more covetous,
keeping their gold, were either drowned with it,
or overtaken and slain by the savages : you have
received, now learn to give. The beaver learns
us this lesson, who being hunted for his stones,
bites them off: you cannot but have much of
your estate, pardon my plainness, ill got; think
how much of that you never spake for, how much
by speaking unjustly or in unjust causes. Ac-
count it then a blessing of God, if thus it may be
laid out for your good, and not left for your heir,
to hasten the wasting of much of the rest, per-
haps of all ; for so we see God oftentimes pro-
ceeds in judgment with many hasty gatherers:
you have enough to spare, being well laid, to turn
the tide, and fetch all things again. But if you
escape, I suppose it worthy of an " If," since you
know the old use, that none called in question
must go away uncensnred ; yet consider that accu-
sations make wounds, and leave scars ; and though
you see the toil behind your back, yourself free,
and the covert before, yet remember there are
stands ; trust not a reconciled enemy ; but think
the peace is but to secure you for farther advan-
tage, or expect a second and a third encounter ;
the main battle, the wings are yet unbroken, they
may charge you at an instant, or death before
them; walk therefore circumspectly, and if at
length, by means of our endeavours and yours,
you recover the favour that you have lost ; give
God the glory in action, not in words only ;'and
remember us with sense of your past misfortune,
whose estate hath, and may hereafter lie in the
power of your breath.
There is a great mercy in despatch ; delays are
488
TRACTS RELATING TO COMMENDAMS.
tortures, wherewith by degrees we are rent out of
our estates;* do not you, if you be restored, as
some others do, fly from the service of virtue to
serve the time, as if they repented their goodness,
or meant not to make a second hazard in God's
house ; but rather let this cross make you zealous
in God's cause, sensible in ours, and more sensi-
ble in all ; which express thus. You have been
a great enemy to Papists; if you love God, be so
still, but more indeed than heretofore ; for much
of your zeal was heretofore wasted in words : call
to remembrance that they were the persons that
prophesied of that cross of yours long before it
happened ; they saw the storm coming, being the
principal contrivers and furtherers of the plot, the
men that blew the coals, heat the iron, and made
all things ready ; they owe you a good turn, and
will, if they can, pay it you ; you see their hearts
by their deeds, prove then your faith so to : the
best good work you can do, is to do the best you
can against them, that is, to see the law severely,
justly, and diligently executed.
And now we beseech you, my lord, be sensible
both of the &troke and hand that striketh ; learn of
David to leave Shimei, and call upon God ; he
hath some great work to do, and he prepareth you
for it; he would neither have you faint, nor yet
bear this cross with a stoical resolution ; there is
a Christian mediocrity worthy of your greatness.
I must be plain, perhaps rash ; had some notes
which you had taken at sermons been written in
your heart to practise, this work had been done
long ago, without the envy of your enemies ; but
when we will not mind ourselves, God, if we
belong to him, takes us in hand ; and because he
seeth that we have unbridled stomachs, therefore
he sends outward crosses, which, while they cause
us to mourn, do comfort us, being assured testi-
monies of his love that sends them. To humble
ourselves, therefore, before God, is the part of a
Christian ; but for the world and our enemies the
counsel of the poet is apt,
" Tu ne cede malia, ted contra audenllor ito."
The last part of this counsel you forget, yet
none need be ashamed to make use of it, that so
being armed against casualties, you may stand
firm against the assaults on the right hand, and
on the left. For this is certain, the mind that is
most prone to be puffed up with prosperity, is most
weak and apt to be dejected with the least puff of
adversity. Indeed she is strong enough to make
an able man stagger, striking terrible blows ; but
true Christian wisdom gives us armour of proof
against all assaults, and teacheth us in all estates
to be content: for though she cause our truest
* My Lord Bacon observes elsewhere, that the 8cripture
saith, there be that turn judgment Into wormwood ; and, saHh
be, surely there be "also that turn it Into vinegar ; for injus-
tice maketh it bitter, and delays make it sour." Essay
LVI. Vol. L p. S8.
friends to declare themselves oor enemies ; though
she give heart then to the most cowardly to strike
us ; though an hour's continuance countervails an
age of prosperity ; though she cast in our dish
all that ever we have done ; yet hath she no power
to hurt the humble and wise, but only to break
such as too much prosperity hath 'made stiff in
their own thoughts, but weak indeed ; and fitted
for renewing : when the wise rather gather from
thence profit and wisdom ; by the example of
David, who said, " Before I was chastised 1 went
astray/1 Now, then, he that knoweth the right
way, will look better to his footing. Cardan
saith, that weeping, fasting, and sighing, are the
chief purges of grief; indeed naturally they do
assuage sorrow : but God in this case is the only
and best physician ; the means he hath ordained
are the advice of friends, the amendment of our-
selves : for amendment is both physician and cure.
For friends, although your lordship be scant, yet
I hope you are not altogether destitute ; if you be,
do but look upon good books : they are true friends,
that will neither natter nor dissemble : be you but
true to yourself, applying that which they teach
unto the party grieved, and you shall need no other
comfort nor counsel. To them, and to God'i
Holy Spirit, directing you in the reading of them,
I commend your lordship; beseeching him to
send you a good issue out of these troubles, and
from henceforth to work a reformation in all that is
amiss, and a resolute perseverance, proceeding, and
growth, in all that is good ; and that for his glory,
the bettering of yourself, this church, and common-
wealth ; whose faithful servant whilst you remain,
I remain a faithful servant to you,
Fr. Bacon.
TO THE KING, ABOUT THE COMMENDAMS.
May it please your most excellent Majesty.
I am not swift to deliver any thing to your
majesty before it be well weighed. But now that
I have informed myself of as much as is necessary
touching this proceeding of the judges to the argu-
ment of the commendam8, notwithstanding your
majesty's pleasure signified by me, upon your
majesty's commandment in presence of my lord
chancellor and the Bishop of Winchester, to
the contrary, I do think it fit to advertise your
majesty what hath passed ; the rather, because I
suppose the judges, since they performed not your
commandment, have at least given your majesty
their reasons of failing therein ; I being to answer
for the doing your majesty's commandments, and
they for the not doing.
I did conceive, that in a cause that concerned
your majesty and your royal power, the judges
having heard your attorney-general argue the
Saturday before, would of themselves have takes
farther time to be advised.
TRACTS RELATING TO COMMENDAMS.
489
And, if I fail not in memory, my Lord Coke re-
ceived from your majesty's self, as I take it, a
precedent commandment in Hilary term, that
both in the " rege inconsulto," and in the com-
mendams, your attorney should be heard to speak,
and then stay to be made of farther proceedings,
till my lord had spoken with your majesty.
Nevertheless, hearing that the day appointed
for the judges* argument held, contrary to my ex-
pectation, I sent on Thursday, in the evening,
having received your majesty's commandment
but the day before in the afternoon, a letter to my
Lord Coke; whereby I let him know, that upon
tome report of my Lord of Winchester, who, by
your commandment, was present at my argument
of that which passed, it was your majesty's ex-
press pleasure, that no farther proceedings should
be, until you had conferred with your judges:
which your majesty thought to have done at your
being now last in town ; but by reason of your
many and weighty occasions, your princely times
would not serve ; and that it was your pleasure he
should signify so much to the rest of the judges,
whereof his lordship might not fail. His answer
by word to my man was, that it were good the
lestof the judges understood so much from myself:
whereupon, I, that cannot skill of scruples in mat-
ter of service, did write, on Friday, three several
letters of like content, to the judges of the com-
mon pleas, and the barons of the exchequer, and
the other three judges of the king's bench, men-
tioning in that last my particular letter to my lord
chief justice.
This was all I did, and thought all had been
sure ; insomuch as, the same day being appointed
in chancery for your majesty's great cause, fol-
lowed by my Lord Hunsden, I writ two other
letters to both the chief justices, to put them in
mind of assisting my lord chancellor at the hear-
ing. And when my lord chancellor himself took
some notice upon that occasion, openly in the
chancery, that the commendams could not hold
presently after, I heard the judges were gone
about the commendams ; which I thought at first
had been only to adjourn the court, but I heard
after that they proceeded to argument.
In this their doing, I conceive they must either
except to the nature of the commandment, or to
the credence thereof; both which, I assure myself,
your majesty will maintain.
For if they should stand upon the general
ground, " Nulli negabimus, nulli differemus jus-
titiam," it receiveth two answers. The one, that
reasonable and mature advice may not be con-
founded with delay; and that they can well
allege when it pleaseth them. The other is, that
there is a great difference between a case merely
between subject and subject, and where the king's
interest is in question directly or by consequence.
As for the attorney's place and commission, it is
as proper for him to signify the king's pleasure
Vol. II 69
to the judges, as for the secretary to signify the
same to the privy-council ; and so it hath ever
been.
These things were a little strange, if there came
not so many of them together, as the one maketh
the other seem less strange: but your majesty
hath fair occasions to remedy all with small aid ;
I say no more for the present.
I was a little plain with my Lord Cojce in these
matters ; and when his answer was, that he knew
all these things, I said he could never profit too
much in knowing himself and his duty. God
preserve your majesty.
A MEMORIAL FOR HI8 MAJESTY, CORRECTED
WITH SIR FR. BACON'S OWN HAND, 1616.
It seemeth this year of the fourteenth of his
majesty's reign, being a year of a kind of majority
in his government, is consecrated to justice :•
which, as his majesty hath performed to his sub-
jects in this late memorable occasion, so he is now
to render and perform to himself, his crown, and
posterity.
That his council shall perceive by that which
his majesty shall now communicate with them,
that the mass of his business is continually pre-
pared in his own royal care and cogitations, how-
soever he produceth the same to light, and to act
" per opera dierum." J
That his majesty shall make unto them now a
declarative of two great causes, whereof hedoubt-
eth not they have heard by glimpses ; the one con-
cerning his high court of chancery, the other con-
cerning the church and prelacy ; but both of them
deeply touching his prerogative and sovereignty,
and the flowers of his crown.
That about the end of Hilary term last, there
came to his majesty's ears, only by common voice
and report, not without great rumour and wonder,
that there was somewhat done in the King's
Bench the last day of that term, whereby his
chancery should be pulled down, and be brought
in question for "praemunire;" being the most
heinous offence after treason, and felony, and mis-
prision of treason; and that the time should be
when the chancellor lay at the point of death.
That his majesty was so far from hearing of this
* By the lawt, several age* are assigned to persona for
several purposes ; and by the common law, the fourteenth
year is a kind of majority, and accounted an afe of discre-
tion. At that time a man may agree or disagree to a prece-
dent marriage : the heir in socage may reject the guardian
appointed by law, and choose a new one : and the woman at
that age shall be out of ward, etc.— Stephens.
t u Per opera dit* rum," alluding to the gradations Almighty
God was pleased to observe in the creating of the world, la
this paragraph, Sir Francis Bacon insinuates what he ex*
pressly declares, Vol. i. Essay XL VII. p. 5*, that In all nego-
tiations of difficulty a man must first prepare business, sod
so ripen it by degrees,— Sfsjpften*.
490
TRACTS RELATING TO COMMENDAMS.
by any complaint from his chancellor, who then
had given over worldly thoughts, that he wrote
letters of comfort to him upon this accident, before
he heard from him ; and for his attorney, his
majesty challenged him for not advertising him
of that, of which it was proper for his majesty to
be informed from him.
That his majesty being sensible of this so great
novelty and perturbation in his courts of justice,
nevertheless used this method and moderation,
that before he would examine this great affront
and disgrace offered to his chancery and chancel-
lor, he would first inform himself whether the
chancery or chancellor were in fault; and whether
the former precedents of chancery did warrant the
proceedings there after judgment passed at com-
mon law, which was the thing in question, and
thereupon his majesty called his learned counsel
to him, and commanded them to examine the pre-
cedents of chancery, and to certify what they
found : which they did ; and by their certificate it
appeareth, that the precedents of that kind were
many and precise in the point, and constant, and
in good times, and allowed many times by the
judges themselves.
That after this his majesty received from the
lord chancellor a case, whereby the question was
clearly set down and contained within the proper
bounds of the present doubt; being, Whether
upon apparent matter of equity, which the judges
of the law by their place and oath cannot meddle
with or relieve, if a judgment be once passed at
common law, the subject shall perish, or that the
chancery shall relieve him ; and whether there be
any statute of " praemunire" or other, to restrain
this power in the chancellor, which case, upon the
request of the lord chancellor, his majesty likewise
referred to his learned counsel, and the prince's
attorney, Mr. Walter, was joined with them, who
upon great advice and view of the original records
themselves, certified the chancery was not re-
strained by any statute in that case.
That his majesty again required his learned
counsel to call the clerks of the king's bench to
them, and to receive from them any precedents
of indictments in the king's bench against the
chancery for proceeding in the like case ; who
produced only two precedents, being but indict-
ments offered or found, upon which there was no
other proceeding; and the clerks said, they had
used diligence and could find no more.
That his majesty, after he had received this
satisfaction that there was ground for that the
chancery had done, and that the chancery was
not in fault, he thought then it was time to ques-
tion the misdemeanor and contempt in scandaliz-
ing and dishonouring his justice in that high court
of chancery in so odious a manner; and com-
manded his attorney-general, with the advice of
the rest of his learned counsel, to prosecute the
offenders in the Star Chamber, which is done ; and
some of them are fled, and others stand out and
will not answer.
That there resteth only one part more towards
his majesty's complete information in this cause :
which is to examine that which was done in open
court the said last day of Hilary term, and whether
the judges of king's bench did commit any excess
of authority ; or did animate the offenders other-
wise than according to their duty and place;
which inquiry, because it concerneth the judges
of a court to keep order and decorum, his majesty
thinketh not so convenient to use his learned
counsel therein, but will commit the same to some
of the council-table and his learned counsel to at-
tend them.
This declared, or what else his majesty in his
own high wisdom shall think good ; it will be fit
time to have the certificate of the learned counsel
openly read.
His majesty may, if he please, forbear to publish
at this time at the table the committees ; but signify
his pleasure to themselves afterwards.
The committees named by his majesty, were
the Archbishop of Canterbury, Secretary Lake, the
chancellor of the exchequer, and the master of the
rolls.
This report is to be prefixed, to be given in by
Wednesday at night, that his majesty may com-
municate it with his council, and take farther
order on Thursday thereupon, if his majesty be
so pleased.
At this declaration, it is his majesty's direction,
to the end things may appear to be the more
evenly carried, that neither my lord chancellor
nor my lord chief justice be present.
But then, when his majesty entereth into the
second declarative, my lord chancellor is to be
called for : but my lord chief justice not; because
it concerneth him.
For the second declarative: that his majesty
hath reason to be offended and grieved, in that
which passed touching the commendams, both in
matter and manner: for the matter, that his
majesty 's religious care of the church and of the
prelacy, and, namely, of his lords spiritual the
bishops, may well appear, first, in that he hath
utterly expelled those sectaries or inconforma-
ble persons that spurned at the government ; se-
condly, that by a statute made in the first year of his
reign, he hath preserved their livings from being
wasted and dilapidated by long leases, and therein
bound himself and his crown and succession;
and, lastly, that they see two bishops privy coun-
sellors at the table, which hath not been of late
years.
That agreeably to this his majesty's care and
good affection, hearing that there was a case of
the Bishop of Lincoln's, wherein his majesty's
supreme power of granting commendams, which
in respect of the exility of bishoprics is some-
times necessary, was questioned to be overthrown
TRACTS RELATING TO COMMENDAMS.
491
or weakened ; he commanded his attorney general,
not only to have care to maintain it according to
his place, but also that he should relate to his
majesty how things passed ; and did also com-
mand the Bishop of Winchester to be present at
the public argument of the case ; and to report to
his majesty the true state of that question, and
how far it extended.
This being accordingly done ; then upon report
of the Bishop of Winchester in presence of the
lord chancellor, his majesty thought it necessary,
that before the judges proceeded to declare their
opinion they should have conference with his
majesty, to the end to settle some course, that
justice might be done, and his regal power,
whereof his crown had been so long vested, not
touched nor diminished : and thereupon com-
manded his attorney, who by his place ought
properly to signify his majesty's pleasure to his
judges, as his secretary doth to his privy council,
in the presence of the lord chancellor and the
bishop, to signify his pleasure to the judges, that
because his majesty thought it needful to consult
with them in that case before they proceeded to
judgment; and that his majesty's business, as
they all knew, was very great, and Midsummer
term so near at hand, and the cause argued by his
attorney so lately, they should put off the day till
they might advise with his majesty at his next
coming to town. That his majesty's attorney
signified so much by his letters, the next day
after he had received his commandment, to all
the judges, and that in no imperious manner, but
alleging the circumstances aforesaid, that the
case was lately argued, his majesty's business
great, another term at hand, etc.
Now followeth the manner that was held in
this, which his majesty conceiveth was not only
indiscreet, but presumptuous and contemptuous.
For, first, they disobeyed this his majesty's
commandment, and proceeded to public argument,
notwithstanding the same ; and thought it enough
to certify only their mind to his majesty.
Secondly, in a general letter under all their
hands, howsoever it may be upon divided opinion,
they allege unto his majesty their oath; and,
that his majesty's commandment, for the attor-
ney's letter was but the case that it was wrapped
in, was against law ; as if maturity and a delibe-
rate proceeding were a delay, or that command-
ment of stay in respect of so high a question of
state and prerogative, were like a commandment
gotten by importunity, or in favour of a suitor.
Thirdly, above all, it is to be noted and justly
doubted, that, upon the contrary, in this that they
have done, they have broken their oath ; for their
oath is to counsel the king when they shall be
called ; and if, when the king calleth them to
counsel, they will do the deed first, and give him
counsel after, this is more than a simple refusal.
Lastly, it is no new thing upon divers particu-
lar occasions, of a far higher nature than the con-
sulting with their sovereign about a cause of
great moment, to put off days, and yet no breach
of oath. And there was another fair passage
well known to my Lord Coke, that he might have
used if it had pleased him ; for that very day was
appointed for the king's great cause in the chan-
cery, both for my Lord Hob art and him ; which
cause ought to have had precedence afore any
private cause, as they would have this seem to be.
To this letter his majesty made a most princely
and prudent answer, which I leave to itself.
Upon this declaration his majesty will be
pleased to have the judges' letter and his own
letter read.
Then his majesty, for his part, as I conceive,
will be pleased to ask the advice of his council
as well for the stay of the new day, which is
Saturday next, as for the censure and reproof of
the contempt passed : for though the judges are a
reverend body, yet they are, as all subjects are,
corrigible.
TO SIR GEORGE VILLIERS.
Sir,
I send his majesty a draught of the act of coun-
cil concerning the judges' letter, penned as near
as I could to his majesty's instructions received
in your presence. I then told his majesty my
memory was not able to keep way with his ; and,
therefore, his majesty will pardon me for any
omissions or errors, and be pleased to supply and
reform the same. I am preparing some other
materials for his majesty's excellent hand, con-
cerning business that is coming on : for, since his
majesty hath renewed my heart within me, me-
thinks I should double my endeavours. God
ever preserve and prosper you. I rest
Your most devoted and bounden servant,
June 12, 1616. Fr. Bacon.
TOUCHING THE COMMENDAMS.
*AT WHITEHALL THE SIXTH OF JUNE, ANNO, 1616.
Present the KING'S MAJESTY.
Lord Archbishop of Lord Wotton.
Canterbury. Lord Stanhope.
Lord Chancellor. Lord Fenton.
Lord Treasurer. Mr. Vice-Chamberlain.
Lord Privy-Seal. Mr. Secretary Win wood.
Lord Chamberlain. Mr. Secretary Lake.
♦ It in very clear, that this is the act of council referred to
in the preceding letter, and drawn up by 8ir Francis Bacon :
which, being writter in a fair manner, I accidently bought,
and have corrected se vernl errors therein. If any remain, as
I believe the reader will think there doth ; it fo» because 1 had
no opportunity to peruse the council books. Strpkens.
492
TRACTS RELATING TO COMMENDAMS;
Duke of Lenox.
Lord Zouche.
Bishop of Winton.
Lord Knollys.
Mr. Chancellor of
the Exchequer.
Master of the
Rolls.
His majesty having this day given order for
meeting of the council, and that all the judges,
being twelve in number, should be sent for to be
present; when the lords were sat, and the judges
ready attending, his majesty came himself in
person to council, and opened to them the cause
of that assembly ; which was : That he had called
them together concerning a question that had
relation to no private person, but concerned God
and the king, the power of his crown, and the
state of this church, whereof he was protector ;
and that there was no fitter place to handle it
than at the head of his council-table : that there
had been a question pleaded and argued concern-
ing commendams ; the proceedings wherein had
either been mis-reported or mis-handled ; for, his
majesty a year since had received advertisements
concerning the cause in two instances, by some
that intrenched upon his prerogative royal in the
general power of granting commendams ; and by
others, that the doubt rested only upon a special
nature of a commendam, such as in respect of the
incongruity and exorbitant form thereof might be
questioned, without impeaching or weakening the
general power of all.
Whereupon his majesty, willing to know the
true state thereof, commanded the Lord Bishop of
Winchester, and Mr. Secretary Winwood to be
present at the next argument, and to report the
state of the question and proceeding to his ma-
jesty. But Mr. Secretary Winwood being absent
by occasion, the Lord of Winchester only was
present, and made information to his majesty of
the particulars thereof, which his majesty com-
manded him to report to the board. Whereupon
the Lord of Winchester stood up and said, that
Serjeant Chiborne, who argued the cause against
the commendams, had maintained divers posi-
tions and assertions very prejudicial to his ma-
jesty's prerogative royal ; as first, that the transla-
tion of bishops was against the canon law, and
for authority vouched the canons of the council of
Sardis; that the King had not power to grant
commendams, but in case of necessity; that there
could be no necessity, because there could be no
need for augmentation of living, for no man was
bound to keep hospitality above his means ; be-
sides other parts of his argument tending to the
overthrow of his majesty's prerogative in case of
commendams.
The Lord of Winchester having made his re-
port, his majesty resumed his former narrative,
letting the lords know, that after the Lord of
Winton had made unto his majesty a report of
that which passed at the argument of the cause,
like in substance unto that which now had been
made ; his majesty apprehending the matter to be
of so high a nature, commanded his attorney
general to signify his majesty's pleasure unto the
lord chief justice ; That in regard of his majesty's
most weighty occasions, and for that his majesty
held it necessary upon the Lord of Winton's
report, that his majesty be first consulted with,
before the judges proceed to argue it ; therefore
the day appointed for the judges argument should
be put off till they might speak with his majesty ;
and this letter of his majesty's attorney was, by
his majesty '8 commandment, openly, read as fol-
lowed^ " in hec verba."
" My Lord,
It is the king's express pleasure, that beeaose
his majesty's time would not serve to have con-
ference with your lordship and his judges, touch-
ing the cause of commendams, at bis last being
in town ; in regard of his majesty's other most
weighty occasions ; and for that bis majesty bold-
eth it necessary, upon the report which my Lord
of Winchester, who was present at the last argu-
ments by his majesty's royal commandment, made
to his majesty, that his majesty be first consulted
with, ere there be any farther proceedings by
arguments by any of the judges, or otherwise;
therefore that the day appointed for the farther
proceedings by arguments of the judges in that
case, be put off till his majesty's farther pleasure
be known, upon consulting with him ; and to that
end, that your lordship forthwith signify his
commandment to the rest of the judges : whereof
your lordship may not fail : and so I leave yonr
lordship to God's goodness.
Your loving friend to command,
Fr. Bacon.
This Thursday •Aernoon,
April 25, 1616/*
That upon this letter received, the lord chief
justice returned word to his majesty's said attor-
ney by his servant; That it was fit the rest of his
brethren should understand his majesty's plea-
sure immediately by letters from bis said attorney
to the judges of the several benches : and accord-
ingly it was done ; whereupon all the said judges
assembled, and by their letter under their hands
certified his majesty, that they held those let-
ters, importing the signification aforesaid, to be
contrary to law, and such as they could not yield
to the same by their oath; and that thereupon
they had proceeded at the day, and did now cer-
tify his majesty thereof: which letter of the judges
his majesty also commanded to be openly read,
the tenor whereof followeth, " in hec verba."
" Most dread and most gracious Sovereign,
It may please your most excellent majesty to
be advertised, that this letter here enclosed was
delivered unto me your chief justice on Thursday
TRACTS RELATING TO COMMENDAMS.
493
last in the afternoon, by a servant of your majes-
ty's attorney-general ; and letters of the like effect
were on the day following sent from him by his
servant to us your majesty's justices of every of •
the courts at Westminster. We are and ever will j
be ready with all faithful and true heart, accord-
ing to our bounden duties, to serve and obey
your majesty, and think ourselves most happy to
spend our times and abilities to do your majesty
true and faithful service in this present case men-
tioned in this letter. What information hath
been made unto you, whereupon Mr. Attorney
doth ground his letter, from the report of the
Bishop of Winton, we know not; this we know,
that the true substance of the cause summarily is
thus ; it consisteth principally upon the construc-
tion of two acts of parliament, the one of the
twenty-fifth year of King Edward III., and the
other of the twenty-fifth year of King Henry
VI1L, whereof your majesty's judges upon their
oaths, and according to their best knowledge and
learning, are bound to deliver their true understand-
ing faithfully and uprightly ; and the case between
two for private interest and inheritance earnestly
called on for justice and expedition. We hold it
our duty to inform your majesty, that our oath is
in these express words : That in case any letters
come unto us contrary to law, that we do nothing
by such letters but certify your majesty thereof,
and go forth to do the law, notwithstanding the
same letters. We have advisedly considered of
the said letter of Mr. Attorney, and with one con-
sent do hold the same to be contrary to law, and
such as we could not yield to the same by our
oath, assuredly persuading ourselves that your
majesty being truly informed, that it standeth not
with your royal and just pleasure to give way to
them : and knowing your majesty's zeal to justice
to be most renowned, therefore we have, accord-
ing to our oaths and duties, at the very day
prefixed the last term, proceeded, and thereof
certified your majesty ; and shall ever pray to the
Almighty for your majesty in all honour, health,
and happiness long to reign over us.
Edw. Coke, Henry Hobart, Laur.
Tanfield, Pet Warburton, George
Snigge, Ja. Altham, Ed. Bromley,
John Croke, Humphry Winche,
John Dodderidge, Augustin Ni-
cholls, Robert Houghton.
SeijeanU-Inn, 25th April, 1616."
His majesty having considered of this letter,
by his princely letters returned answer, reporting
himself to their own knowledge and experience,
what princely care he hath ever had since his coming
to the crown, to have justice duly administered to
his subjects, with all possible expedition; and
how far he was from crossing or delaying of jus-
tice, when the interest of any private person was
questioned : but on the other side expressing him-
self that where the ease concerned the high
powers and prerogatives of the crown, he would
not endure to have them wounded through the
sides of a private person ; admonishing them also*
lastly, of a custom lately entertained, of a greater
boldness to dispute the high points of his majesty's
prerogative in a popular and unlawful liberty of
argument more than in former times : and making
them perceive also how weak and impertinent the
pretence of allegation of their oath was in a case
of this nature, and how well it might have been
spared ; with many other weighty points in the
said letter contained : which letter also by his
majesty's appointment and commandment was
publicly read " in haec verba."
44 James Rex,
44 Trusty and well-beloved counsellors, and trusty
and well-beloved, we greet you well. We per-
ceive by your letter, that you conceive the com-
mandment given you by our attorney-general in
our name to have proceeded upon wrong informa-
tion : but if you list to remember what princely
care we have ever had, since our coming to this
crown, to see justice duly administered to our
subjects, with all possible expedition ; and how
far we have ever been from urging the delay
thereof in any sort, you may safely persuade
yourselves that it was no small reason that moved
us to send you that direction. You might very
well have spared your labour in informing us of
the nature of your oath ; for although we never
studied the common law of England, yet are we
not ignorant of any points which belong to a king
to know : we are therefore to inform you hereby,
that we are far from crossing or delaying any
thing which may belong to the interest of any
private party in this case ; but we cannot be con-
tented to suffer the prerogative royal of our crown
to be wounded through the sides of a private per-
son : we have no care at all which of the parties
shall win this process in this case, so that right
prevail, and that justice be truly administered.
But on the other side, we have reason to foresee
that nothing be done in this case which may
wound our prerogative in general ; and therefore
so that we may be sure that nothing shall be de-
bated amongst you which may concern our ge-
neral power of giving commendams, we desire
not the parties to have one hour's delay of jus-
tice: but that our prerogative should not be
wounded in that regard for all times hereafter,
upon pretext of private persons' interest, we sent
you that direction; which we account as well to
be wounded if it be publicly disputed upon, as
if any sentence were given against it : we are
therefore to admonish you, that since the prero-
gative of our crown hath been more boldly dealt
withal in Westminster Hall, during the time of our
; reign, than ever it was before in the reigns of
divers princes immediately preceding us, that we
will no longer endure that popular and unlawful
2T •
494
TRACTS RELATING TO COMMEND AMS.
liberty ; and therefore we were justly moved to
send you that direction to forbear to meddle in a
cause of so tender a nature, till we had farther
thought upon it. We have cause indeed to
rejoice of your zeal for your speedy execution of
justice; but we would be glad that all our
subjects might so find the fruits thereof, as that
no pleas before you were of older date than this
is. But as to your argument, which you found
upon your oath, you give our predecessors, who
first founded the oath, a very charitable meaning,
in perverting their intention and zeal to justice, to
make a weapon of it to use against their succes-
sors ; for, although your oath be, that you shall
not delay justice between any private persons or
parties, yet was it not meant that the king should
thereby receive harm, before he be forewarned
thereof; neither can you deny, but that every
term you will, out of your own discretions, for
reasons known unto you, put off either the hear-
ing or determining of any ordinary cause betwixt
private persons till the next term following. Our
pleasure therefore is, who are the head and foun-
tain of justice under God in our dominions, and
we out of our absolute power and authority royal
do command you, that you forbear to meddle any
farther in this plea till our coming to town, and
that out of our own mouth you hear our pleasure
in this business; which we do out of the care we
have, that our prerogative may not receive an un-
witting and indirect blow, and not to hinder
justice to be administered to any private parties,
which no importunities shall persuade us to move
you in. Like as, only for the avoiding of the
unreasonable importunity of suitors in their own
particular, that oath was by our predecessors
ordained to be administered unto you : so we wish
you heartily well to fare.
" Postscript. You shall upon the receipt of this
letter call our attorney-general unto you, who will
inform you of the particular points which we are
unwilling to be disputed of in this case."
This letter being read, his majesty resolved to
take into his consideration the parts of the judges9
letter, and other their proceedings in that cause,
and the errors therein contained and committed ;
which errors his majesty did set forth to be both
in matter and manner : in matter, as well by way
of omission as commission ; for omission, that it
was a fault in the judges, that when they heard
a counsellor at the bar presume to argue against
his majesty's prerogative, which in this case was
in effect his supremacy, they did not interrupt and
reprove sharply that base and bold course of de-
faming or impeaching things of so high a nature
by discourse ; especially since his majesty hath
observed, that ever since his coming to the crown,
the popular sort of lawyers have been the men,
that most afrrontedly in all parliaments have trod-
: den upon his prerogative : which being most con-
' trary to their vocation of any men, since the law
I or lawyers can never be respected, if the king be
, not reverenced ; it doth therefore best become the
i judges of any, to check and bridle such impudent
1 lawyers, and in their several benches to disgrace
them that bear so little respect to their king's au-
thority and prerogative : that his majesty had a
I double prerogative, whereof the one was ordinary
and had relation to his private interest, which
might be, and was every day, disputed in West-
minster Hall; the other was of a higher nature,
referring to his supreme and imperial power and
sovereignty, which ought not to be disputed or
handled in vulgar argument: but that of late the
courts of the common law are grown so vast and
transcendent, as they did both meddle with the
king's prerogative, and had encroached upon all
other courts of justice; as the high commission,
the councils established in Wales and at York,
the court of requests.
Concerning that which might be termed com-
mission, his majesty took exception at the judges'
letter, both in matter and form : for matter, his
majesty plainly demonstrated, that whereas it was
contained in the judges' letter, that the significa-
tion of his majesty's letter as aforesaid was con-
trary to law, and not agreeable to the oath of a
judge ; that could not be : first, for that the putting
off any hearing or proceeding upon any just or
necessary cause, is no denying or delaying of
justice, but wisdom and maturity of proceeding;
and that there cannot be a more just and necessary
cause of stay, than the consulting with the king,
where the cause concerns the crown ; and that
the judges did daily put off causes upon lighter
occasions ; and likewise his majesty did desire to
know of the judges, how his calling them to con-
sult with him was contrary to law, which they
could never answer unto.
Secondly, That it was no bare supposition or
surmise, that this cause concerned the king's
prerogative; for that it had been directly and
plainly disputed at the bar; and the very disput-
ing thereof in a public audience is both dangerous
and dishonourable to his majesty.
Thirdly, That the manner of the putting off that
which the king required, was not infinite nor long
time, but grounded upon his majesty's weighty
occasions, which were notorious ; by reason where-
of he could not speak with the judges before the
argument; and that there was a certain expecta-
tion of his majesty's return at Whitsuntide : and
likewise that the cause had been so lately handled
and argued, and would not receive judgment by
the Easter term next, as the judges themselves
afterwards confessed.
And afterwards, because there was another just
cause of absence for the two chief justices, for
that they ought to have assisted the lord chancel-
lor the same day in a great cause of the king's,
TRACTS RELATING TO COMMENDAMS.
405
followed by the Lord Hunsdon against the Lord
William Howard in chancery; which cause of
the king's, especially being so worthy, ought to
have had precedency before any cause betwixt
party and party. Also, whereas it was contained
in the judges' letter that the cause of commendams
was but a cause of private interest between party
and party, his majesty showed plainly the con-
trary ; not only by the argument of Serjeant Chi-
borne, which was before his commandment, but
by the argument of the judges themselves, namely,
Justice Nicholls, which was after; but especially
since one of the parties is a bishop who pleaded
for the commendams by the virtue of his ma-
jesty's prerogative.
Also, whereas it was contained in the judges'
letter, that the parties called upon them earnestly
for justice, his majesty conceived it to be but pre-
tence; urging them to prove that there was any
solicitation by the parties for expedition, other-
wise than in an ordinary course of attendance ;
which they could not prove.
As for the form of the letter, his majesty noted,
that it was a new thing, and very indecent and
unfit for subjects to disobey the king's command-
ment, but most of all to proceed in the mean time,
and to return to him a bare certificate ; whereas,
they ought to have concluded with the laying
down and representing of their reasons modestly
to his majesty, why they should proceed ; and so
to have submitted the same to his princely judg-
ment, expecting to hear from him whether they
had given him satisfaction.
After this his majesty's declaration, all the
judges fell down upon their knees, and acknow-
ledged their error for matter and form, humbly
craving his majesty's gracious favour and pardon
for the same.
But for the matter of the letter, the lord chief
justice of the king's bench entered into a defence
thereof; the effect whereof was, that the stay
required by his majesty was a delay of justice,
and therefore contrary to law and the judges' oath ;
and that the judges knew well amongst them-
selves, that the case, as they meant to handle it,
did not concern his majesty's prerogative of grant-
ing of commendams : and that if the day had not
held by the not coming of the judges, the suit had
been discontinued, which had been a failing of
justice, and that they could not adjourn it, because
Mr. Attorney's letter mentioned no day certain, and
that an adjournmentmust always be to a day certain.
Unto which answer of the chief justice his
majesty did reply ; that for the last conceit, it was
mere sophistry, for that they might in their discre-
tions have prefixed a convenient day, such as
there might have been time for them to consult
with his majesty before, and that his majesty left
that point of form to themselves.
And for that other point, that they should take
upon them peremptorily to discern whether the
plea concerned the king's prerogative, without
consulting with his majesty first, and informing
his princely judgment, was a thing preposterous ;
for that they ought first to have made that appear
to his majesty, and so to have given him assurance
thereof upon consulting with him.
And for the matter, that it should be against the
law and against their oath, his majesty said he
had spoken enough before ; unto which the lord
chief justice in effect had made no answer, but
only insisted upon the former opinion ; and there*
fore the king required the lord chancellor to de-
liver his opinion upon that point, whether the
stay that had been required by his majesty were
contrary to law, or against the judges' oath.
The chancellor stood up and moved his majesty,
that because this question had relation to matter
of law, his majesty would be informed by his
learned counsel first, and they first to deliver their
opinions, which his majesty commanded them to do.
Whereupon his majesty's attorney-general gave
his opinion, that the putting off of the day in
manner as was required by his majesty, to his
understanding was without all scruple no delay
of justice, nor danger of the judges' oath; insist-
ing upon some of the reasons which his majesty
had formerly opened, and adding, that the letter
he had formerly written by his majesty's command
was no imperious letter ; as to say his majesty, for
certain causes, or for causes known to himself,
would have them put off the day : but fairly and
plainly expressed the causes unto them ; for that
the king conceived upon my Lord of Winton's
report, that the cause concerned him ; and that
his majesty would have willingly spoken with
them before, but by reason of his important busi-
ness could not; and therefore required a stay till
they might conveniently speak with him, which
they knew could not be long. And in conclusion
of his speech wished the judges to consider seri-
ously with themselves, whether they were not in
greater danger of breach of their oaths by the
proceedings, than they would have been by their
stay ; for that it is part of their oath to counsel
his majesty when they are called ; and if they
will proceed first in a business whereupon they
are called to counsel, and will counsel him when
the matter is past, it is more than a simple refusal
to give him counsel ; and so concluded his speech,
and the rest of the learned counsel consented to
his opinion.
Whereupon the lord chief justice of the king's
bench, answering nothing to the matter, took
exception that the king's counsel learned should
plead or dispute with the judges; for he said they
were to plead before judges, and not to dispute
with them. Whereunto the king's attorney re-
plied, that he found that exception strange; for
that the king's learned counsel were by oath and
office, and much more where they had the king's
express commandment, without fear of any man's
496
TRACTS RELATING TO COMMENDAMS.
lace, to proceed or declare against any the greatest
peer or subject of the kingdom ; and not only any
subject in particular, but any body of subjects or
persons, were they judges, or were they of an
upper or lower house of parliament, in case they
exceed the limits of their authority, or took any
thing from his majesty's royal power or preroga-
tive; and so concluded, that this challenge, and
that in his majesty's presence, was a wrong to
their places, for which he and his fellows did
appeal to his majesty for reparation. And there-
upon his majesty did affirm, that it was their duty
00 to do, and that he would maintain them therein,
and took occasion afterward again to speak of it ;
for when the lord chief justice said he would not
dispute with his majesty, the king replied, That
the judges would not dispute with him, nor his
learned counsel might not dispute with them : so,
whether they did well or ill, it must not be dis-
puted.
After this the lord chancellor declared his mind
plainly and clearly, that the stay that had been by
his majesty required, was not against the law, nor
a breach of the judges9 oath, and required that the
judges9 oath itself might be read out of the sta-
tute, which was done by the king's solicitor, and
all the words thereof weighed and considered.
Thereupon his majesty and the lords thought
good to ask the judges severally their opinions ;
the question being put in this manner; Whether,
if at any time, in a case depending before the
judges, his majesty conceived it to concern him
either in power or profit, and thereupon required
to consult with them, and that they should stay
proceedings in the mean time, they ought not to
stay accordingly 1 They all, the lord chief jus-
tice only excepted, yielded that they would, and
acknowledged it to be their duties so to do ; only
the lord chief justice of the king's bench said for
answer, that when the case should be, he would
do that which should be fit for a judge to do.
And the lord chief justice of the common pleas,
who had assented with the rest, added, that he
would ever trust the justice of his majesty's com-
mandment. After this was put to a point, his
majesty thought fit, in respect of the farther day
of argument, appointed the Saturday following
for the commendams, to know from his judges
what he might expect from them concerning the
same. Whereupon the Lord of Canterbury break-
ing the case into some questions, his majesty did
require his judges to deal plainly with him,
whether they meant in their argument to touch the
general power of granting commendams, yea or
do? Whereupon all the said judges did promise
and assure his majesty, that in the argument of
the said case of commendams, they would speak
nothing which should weaken or draw into doubt
his majesty's prerogative for granting of them ; but
intended particularly to insist upon the points of
44 lapse" and other judicial points of this case,
which they conceived to be of a form differing
from all other commendams which have been
practised.
The judges also went farther, and did promise
his majesty, that they would not only abstain
from speaking any thing to weaken his majesty's
prerogative of commendams, but would directly
and in plain terms affirm the same, and correct
the erroneous and bold speeches which had been
used at the bar in derogation thereof.
Also the judges did in general acknowledge
and profess with great forwardness, that it was
their duty, if any counsellor at the law presumed
at any time to call in question his majesty's high
prerogative, that they ought to reprehend them
and silence them ; and all promised so to do here-
after.
Lastly, the two judges that were then next to
argue, Mr. Justice Dodderidge and Mr. Justice
Winch, opened themselves unto his majesty thus
far; that they would insist chiefly upon the
44 lapse," and some points of uncertainty, repug-
nancy, and absurdity, being peculiar to this com-
mend am ; and that they would show their dislike
of that which had been said at the bar for the
weakening of the general power ; and Mr. Justice
Dodderidge said he would conclude for the king,
that the church was void and in his majesty's
gift; he also said that the king might give a
commend am to a bishop either before or after his
consecration, and that he might give it him during
his life, or for a certain number of years.
The judges having thus far submitted and de-
clared themselves, his majesty commanded them
to keep the bounds and limits of their several
courts, not to suffer his prerogative to be wounded
by rash and unadvised pleading before them, or
by new invention of law ; for, as he well knew
the true and ancient common law is the most
favourable for kings of any law in the world ; so
he advised them to apply their studies to that
ancient and best law, and not to extend the power
of any other of their courts beyond their due
limits; following the precedents of their best
ancient judges in the times of the best govern-
ment ; and that then they might assure themselves
that he, for his part, in his protection of them,
and expediting of justice, would walk in the
steps of ancient and best kings. Whereupon he
gave them leave to proceed in their argument.
When the judges were removed, his majesty,
that had forborne to ask the voices and opinions of
his council before the judges, because he would
not prejudicate the freedom of the judges' opinion,
concerning whether the stay of proceeds, that had
been by his majesty required, could by any con-
struction be thought to be within the compass of
the judges' oath, which they had heard read unto
them, did then put the question to his council;
who all with one consent did give opinion, that it
was fa/ from any colour or shadow of such inter-
LETTERS RELATING TO LORD COKE.
497
pretatioii, and that it was against common sense
to think the contrary, especially since there is no
mention made in their oath of delay of justice, but
only that they should not deny justice, nor be
moved by any of the king's letters, to do any
thing contrary to law or justice.
G. Cant Tho. Ellesmere, Cane. Th.
Suffolk, E. Worcester, Pembroke,
Nottingham, Lenox, W. Knollys,
John Digby, Ralph Winwood, Tho.
Lake, Fulke Greville, Jul. Cesar,
Fra. Bacon.
A TRUE REMEMBRANCE OF THE ABUSE I RE-
CEIVED OF MR. ATTORNEY-GENERAL* PUB-
LICLY IN THE EXCHEQUER THE FIR8T DAY
OF TERM ; FOR THE TRUTH WHEREOF I RE-
FER MYSELF TO ALL THAT WERE PRESENT-
I moved to have a reseizure of the lands of
George More, a relapsed recusant, a fugitive, and
a practising traitor ; and showed better matter for
the queen against the discharge by plea, which is
ever with a "salvo jure." And this I did in as
gentle and reasonable terms as might be.
Mr. Attorney kindled at it, and said, "Mr.
Bacon, if you have any tooth against me, pluck it
out; for it do you more hurt than all the teeth in
your head will do you good." I answered coldly
in these very words ; Mr. Attorney, I respect you :
I fear you not : and the less you speak of your
own greatness, the more I will think of it.
He replied, " I think scorn to stand upon terms
of greatness towards you, who are less than little;
less than the least ;" and other such strange light
terms he gave me, with that insulting which can-
not be expressed.
Herewith stirred, yet I said no more but this :
Mr. Attorney, do not depress me so far; for I
have been your better, and may be again, when
it please the queen.
With this he spake, neither I nor himself could
tell what, as if he had been born attorney-general ;
and in the end bade me not meddle with the queen's
business, but with mine own ; and that I was un-
sworn, etc. I told him, sworn or unsworn was
all one to an honest man ; and that I ever set my
service first, and myself second ; and wished to
God, that he would do the like.
Then he said, it were good to clap a " cap.
utlegatum" on my back ! To which 1 only said
he could not; and that he was at fault, for he
hunted upon an old scent.
He grave me a number of disgraceful words
besides; which I answered with silence, and
showing that I was not moved with them.
* Edward Coke, knighted by King James at Greenwich in
1603; and made lord chief Justice of the common pie**, 30
Jane, 1006.
Vol.IL— 63
Reasons why it should be exceeding much for his
majesty's service to remove the Lord Coke from
the place he now holdetht* to be Chief Justice of
EnglagfLl\ and the attorney % to succeed him,
and the solicitor^ the attorney.
First, It will strengthen the king's causes
greatly amongst the judges: for both my Lord
Coke will think himself near a privy counsellor's
place, and thereupon turn obsequious ; and the
attorney-general, a new man, and a grave person,
in a judge's place, will come in well to the other,
and hold him hard to it, not without emulation
between them, who shall please the king best.
Secondly, The attorney-general sorteth not so
well with his present place, being a man timid
and scrupulous both in parliament and other busi-
ness, and one that, in a word, was made fit for
the late lord treasurer's bent, which was to do lit-
tle with much formality and protestation : whereat
the now solicitor going more roundly to work, and
being of a quicker and more earnest temper, and
more effectual in that he dealeth in, is like to re-
cover that strength to the king's prerogative,
which it hath had in times past, and which is
due unto it. And for that purpose there mast be
brought in to be solicitor some man of courage
and speech, and a grounded lawyer ; which done,
his majesty will speedily find a marvellous change
in his business. For it is not to purpose for the
judges to stand well-disposed, except the king's
council, which is the active and moving part, put
the judges well to it ; for in a weapon, what is a
back without an edge 1
Thirdly, The king shall continue and add repu*
tation to the attorney's and solicitor's place, by
this orderly advancement of them ; which two
places are the champion's places for his rights
and prerogative ; and being stripped of their ex-
pectations and successions to great place, will
wax vile; and then his majesty's prerogative
goeth down the wind. Besides, the remove of
my Lord Coke to a place of less profit, though ii
be with his will, yet will be thought abroad a
kind of discipline to him for opposing himself in
the king's causes ; the example whereof will con-
tain others in more awe.
Lastly, Whereas now it is voiced abroad touch-
ing the supply of places, as if it were a matter of
labour, and canvass, and money ; and other per-
sons are chiefly spoken of to be the men, and the
great suitors; this will appear to be the king's
own act, and is a course so natural and regular,
as it is without all suspicion of these by-courses,
to the king's infinite honour./ For men say now,
the4ing can make good second judges, as he hath
• Of chief Justice of the common pleas, haying been ap-
pointed to that office June SO, 1006.
f He was advanced to that office October 95, 1613.
X Sir Henry Hobart, who had been appointed attorney-
general, July 4, 1606.
} Shr Francis Bacon, who had been sworn solicitor-general
June 25, 1607.
2t$
493
LETTERS RELATING TO LORD COKE.
done lately ;* but that is no mastery, because men
sue to be kept from these places. But now is the
trial in those great places, how his majesty can
hold good, where there is great suit an<J> means.
TO THE KING.
IT MAY PLEA8K TOUR MAJESTY,
This morning, according to your majesty's
command, we have had my lord chief justice of
the king's bench f before us, we being assisted by
all our learned council, except Serjeant Crew,
who was then gone to attend your majesty. It
was delivered unto him that your majesty's plea-
sure was, that we should receive an account from
him of the performance of a commandment of
your majesty laid upon him, which was, that he
should enter into a view and retraction of such
novelties, and errors, and offensive conceits, as
were dispersed in his "Reports;" that he had
had good time to do it; and we doubted not but
he had used good endeavour in it, which we
desired now in particular to receive from him.
His speech was, that there were of his *4 Re-
ports," eleven books, that contained about five
hundred cases : that heretofore in other " Re-
ports," as namely, those of Mr. Plowden,}: which
he reverenced much, there hath been found, never-
theless, errors, which the wisdom of time had
discovered, and later judgments controlled ; and
enumerated to us four cases in Plowden, which
were erroneous : and thereupon delivered in to us
the enclosed paper, wherein your majesty may
perceive, that my lord is a happy man, that
there should be no more errors in his five hundred
cases, than in a few cases of Plowden. Your
majesty may also perceive, that your majesty's
direction to my lord chancellor and myself, and
the travail taken by us and Mr. Solicitor^ in fol-
lowing and performing your direction, was not
altogether lost; for that of those three heads,
which we principally respected, which were the
rights and liberties of the church, your preroga-
tive, and the jurisdiction of other your courts,
my lord hath scarcely fallen upon any, except it be
the prince's case, which also yet seemeth to stand
but upon the grammatical, of French and Latin.
* Sir John Dodderidfe was made Judge of the king's bench,
November 25, 1613, and Sir Augustin Nichols of the common
pleas, the day following.
t Sir Edward Coke.
% Edmund Plowden, born of an ancient family of that name,
at Plowden in Shropshire, who, as he tells us himself in the
preface to the " Reports," in the twentieth year of his age,
and the thirtieth of the reign of Henry VIII. anno 1539, began
his study of the common law in the Middle Temple. Wood
adds, Atk. Oxen. Vol. I. col. 219, that he spent three years in
the study of arts, philosophy, and physic, at Cambridge? and
four at Oxford, where, in November, 1552, he was admitted
to practice chirurgery and physic. In 1557 he became sum-
mer reader of the Middle Temple, and three years after, Lent
reader, having been made serjeant, October 27, 1558. He
died February A, 1584-5, at the age of sixty-seven, in the pro-
frssiou of the atomaa Catholic faith, and lies interred in the
Temple church.
*8ir Henry Yalrartoa.
My lord did also give his promise, which your
majesty shall find in the end of his writing, thus
far in a kind of commonplace or thesis, that it
was si n for a man to go against his own con-
science, though erroneous, except his conscience
be first informed and satisfied.
The lord chancellor in the conclusion signified
to my Lord Coke your majesty's commandment,
that until report made, and your pleasure there-
upon known, he shall forbear his sitting at West-
minster, etc., not restraining, nevertheless, any
other exercise of his place of chief justice in private.
Thus having performed, to the best of our under-
standing, your royal commandment, we rest ever
Your majesty's most faithful,
and most bounden servants, etc.
THE LORD VISCOUNT VILLIERS TO SIR
FRANCIS BACON, ATTORNEY-GENERAL.
Sir,
I have acquainted his majesty with my lord
chancellor's and your report, touching my Lord
Coke; as also with your opinion therein; which
his majesty doth dislike for these three reasons:
first, because, that by this course yon propound,
the process cannot have a beginning, till after his
majesty's return; which, how long it may last
after, no man knoweth. He therefore thinketh it
too long and uncertain a delay, to keep the bench
so long void from a chief justice. Secondly, al-
though his majesty did use the council's advice in
dealing with the chief justice upon his other mis-
demeanors ; yet he would be loath to lessen his
prerogative, in making the council judges, whether
he should be turned out of his place or no, if the
case should so require. Thirdly, for that my Lord
Coke hath sought means to kiss his majesty's
hands, and withal to acquaint him with some
things of great importance to his service; he
holdeth it not fit to admit him to his presence,
before these points be determined, because that
would be a grant of his pardon before he had his
trial. And if those things, wherewith he is to
acquaint his majesty, be of such consequence, it
would be dangerous and prejudicial to his majesty,
to delay him too long. Notwithstanding, if you
shall advise of any other reasons to the contrary,
his majesty would have you, with all the speed
you can, to send them unto him ; and in the mean
time to keep back his majesty's letter, which is
herein sent unto you, from my Lord Coke's know-
ledge, until you receive his majesty's further
direction for your proceeding in his business.
And so I rest,
Your ever assured friend at command,
George Villi ers.
Theobald's,
the 3d of October, 1616.
To the Bight Honourable Sir Franeit Baton,
Knight, Hit Majesty' t Attorney-General, and <f
hi* most honourable privy council.
LETTERS RELATING TO LORD COKE.
499
TO THE KING. justice requireth, that he be heard and called to
. », his answer, and then your majesty will be pleased
It may please your most excellent Majesty, ' ., ' e J. L . n . . j
to consider, before whom he shall be charged ;
We have considered of the letters, which we | whether before the body of your council, as for-
received from your majesty, as well that written merly he was, or some selected commissioners; for
to us both, as that other written by my Lord Vil- we conceive V0Ur majesty will not think it con-
hers to me, the attorney, which 1 thought good to ( venient it should be before us two on)y Also
acquaint my lord chancellor withal, the better to the manner of hJ8 charge is considcrabief whether
give your majesty satisfaction. And we most u shall be verbal by your ,earned counci1$ ag it
humbly desire your majesty to think, that we are, i was la8t . or whether> in re8pccl of the muitipii.
and ever shall be, ready to perform and obey your city of matters, he shan not have the collections
majesty's directions ; towards which the first de- ; we have made in writin^ de,ivered to him. Also
gree is to understand them well
In answer, therefore, to both the said letters, as
the matter of his charge is likewise considerable,
whether any of those points of novelty, which by
well concerning matter as concerning time, we; your majesty'8 commandment we collected, shall
shall in all humbleness offer to your majesty's
high wisdom the considerations following:
First, we did conceive, that after my Lord Coke
was sequestered from the table and his circuits,4
when your majesty laid upon him your command-
ment for the expurging of his " Reports," and
commanded also our service to look into them,
and into other novelties introduced into the go-
vernment, your majesty had in this jbour doing
two principal ends :
The one to see, if upon so fair an occasion he
would make any expiation of his former faults :
and also show himself sensible of those things in
his " Reports," which he could not but know were
the likest to be offensive to your majesty.
The other, to perform " de vero" this right to
your crown and succession, and your people also ;
that those errors and novelties might not run on,
and authorize by time, but might be taken away,
whether he consented to it or no.
But we did not conceive your majesty would
have had him charged with those faults of his
book, or those other novelties; but only would
have had them represented to you for your better
information.
Now your majesty seeth what he hath done,
you can better judge of it than we can. If, upon
this probation added to former matters, your ma-
jesty think him not fit for your service, we must in
all humbleness subscribe to your majesty, and ac-
knowledge that neither his displacing, considering
he holdeth his place but during your will and
pleasure, nor the choice of a fit man to be put in
his room, are council-table matters, but are to
proceed wholly from your majesty's great wisdom
and gracious pleasure. So that, in this course,
it is but the signification of your pleasure, and the
business is at an end as to him. Only there
remain eth the actual expurgation or animadver-
sions of the books.
But, if your majesty understand it, that he shall
be charged, then, as your majesty best knoweth,
* On the 30th of June, 1616. Camdeni Annale* Repis Ja-
teki I. p. 10; and Peck, Desiderata Curio to, Vol. I. Lib. VI.
p. 18.
be made part of his charge ; or only the faults of
his books, and the prohibitions and " habeas
corpus," collected by my Lord of Canterbury. In
all which course we foresee length of time, not so
much for your learned council to be prepared, for
that is almost done already, but because himself,
no doubt, will crave time of advice to peruse his
own books, and to see, whether the collections
be true, and that he be justly charged; and then
to produce his proofs, that those things, which he
shall be charged with, were not conceits or singu-
larities of his own, but the acts of court, and other
like things, tending to excusation or extenuation;
wherein we do not see, how the time of divers
days, if not of weeks, can be denied him.
Now, for time, if this last course of charging
him be taken, we may only inform your majesty
thus much, that the absence of a chief justice,
though it should be for a whole term, as it hath
been often upon sickness, can be no hindrance
to common justice. For the business of the
king's bench may be despatched by the rest of
the judges : his voice in the Star Chamber may be
supplied by any other judge, that my lord chan-
cellor shall call ; and the trials by " nisi prius"
may be supplied by commission.
But, as for those great matters of discovery, we
can say nothing more than this, that either they
are old or new. If old, he is to blame for having
kept them so long: if new, or whatsoever, he
may advertise your majesty of them by letter, or
deliver them by word to such counsellor as your
majesty will assign.
Thus we hope your majesty will accept of our
sincerity, having dealt freely and openly with
your majesty, as becometh us: and when we
shall receive your pleasure and direction, we shall
execute and obey the same in all things; ending
with our prayers for your majesty, and resting
Your majesty's most faithful, and
most bounden servants,
T. Ellesmere, Cane.
Fr. Bacon.
October 6, 1616.
600 LETTERS RELATING TO LORD COKE.
REMEMBRANCES OF HI8 MAJESTY'S DECLA- busying himself hi casting fears before his council,
RATION, TOUCHING THE LORD COKE. concerning what they could not do, than joining
his advice what they should do.
That although the discharging and removing That hi8 maje8ty, desirous yet to makes farther
of his majesty's officers and servants, as well as trial of nim^ had gyeQ him fhe 8ummer»g **«.
the choice and advancement of men to place, be tion to reform hi8 „ Report8," wherein there be
no council-table matters, but belong to his ma- many dangerous conceits of his own uttered for
jesty's princely will and secret judgment ; yet, law^ t0 the pTejaaice of his crown, parliament,
his majesty will do his council this honour, that and 8ubject8. aiMi ^ ^ whether by this he
in his resolutions of that kind, his council shall would in zny part redeem his fault. But that his
know them first before others, and shall know majesty hath fa\ed of the redemption he desired,
them, accompanied by their causes, making as it b|U hath met wilh another kind of redemption
were a private manifesto, or revealing of himself from him^ wMch he Utt,e expected# For, & to
to them without parables. ^ « Reports," after three months' time and con-
Then to have the report of the lords touching 8ideratjon, he nad offered his majesty only five
the business of the Lord Coke, and the last order animad versions, being rather a scorn, than a satis-
of the council read. faction to his majesty : whereof one was that in
That done, his majesty farther to declare, that the prince»8 ca8e ne had found out tne Frencn
he might, upon the same three grounds in the 8tatute, which was" filzaisne," whereas the Latin
order mentioned, of deceit, contempt, and slander wag M pnmogenitus ;" and so the prince is Duke
of his government, very justly have proceeded of Cornwall in French, and not Duke of Cornwall
then, not only to have put him from his place of in Latin# And anolher wa8f ^nt he had ^
chief justice, but to have brought him m question Montagu to be chief justice in Henry VIII.'s time,
in the Star Chamber, which would have been his when it ^y have y^ i„ Edward VI.'s, and
utter overthrow ; but then his majesty was pleased 8Uch olher gtoff . not falHng upon any of thom
for that time only to put him off from the council- ^^ which he could not but know were offcn.
table, and from the public exercise of his place gjve#
of chief justice, and to take farther time to deli- Tnat hereupon his majesty thought good to
berate. refresh his memory, and out of many cases, which
That, in his majesty's deliberation, besides the hia mtLieeiy c^ed to h* collated, to require his
present occasion, he had in some things looked an8wer t0 five, being all such, aa weTe but expa-
back to the Lord Coke's former carriage, and in tiations of his own, and no judgments; whereunto
some things looked forward, to make some farther he returned 8Ucn an an8Wer, as did either justify
^mi0*" r,mV- j i-- ^ himself, or elude the matter, so as his majesty
That for things passed, his majesty had noted ^^ p]ainiy u antiquum obtinet."
in him a perpetual turbulent carriage, first to-
wards the liberties of his church and estate eccle-
siastical ; towards his prerogative royal, and the T0 THE xjjjg
branches thereof; and likewise towards all the
settled jurisdictions of all his other courts, the May 1t PLEA81 tour *™*ll*vt Majesty,
high commission, the Star Chamber, the chancery, T l **™ vour maJesty a forra of dweoBiga for my
the provincial councils, the admiralty, the duchy, ^ . • from hlS place of cblef J08tice of J0"
the court of requests, the commission of inquiries, Dencn*
the new boroughs of Ireland ; in all which he had \ 8end also a warrant to the lord chancellor, for
raised troubles and new questions ; and, lastly, in makln& forth a wnt for a new chlef JU8tice> leav'
that, which might concern the safety of his royal ln* a b,ank for the name * ** applied by your
person, by his exposition of the laws in cases of maJ«y » presence; for I never received your
high treason. majesty's express pleasure in it.
That, besides the actions themselves, his ma- .If your raaJe8ty re80,ve of Montagu.f as I con-
jesty in his princely wisdom hath made two spe- celire and WIsh» u l8 very material, as these times
cial observations of him ; the one, that he having are' that vour maJe8ly haye some care, that the
in his nature not one part of those things which recorder succeeding be a temperate and discreet
are popular in men, being neither civil, nor affa- man' and a88Ured t0 Jour majesty's service. If
ble, nor magnificent, he hath made himself popu- J001 maJe8ty» without too much harshness, can
lar by design only, in pulling down government. cont,nue the Place witfun your own servants, it is
The other, that whereas his majesty might have be8t: lf not* the raan» uPon whom the choice is
expected a change in him, when he made him his .
u * u: _ u:— a u ex- -i •*. j Sir Edward Coke was removed from that post on the 15U1
own, by taking him to be of his council, it made N„Vpmb«T, 1616.
no change at all, but to the worse, he holding on t sir Henry M ontigu, Recorder of London, who was made
all his former channel, and runninp; separate **** CBlef Jurtlc« rf lhe Kll|f,, B«Deh» Noramber 16, WW
_ - Al_ . /. , • *iii! We was afterwards made lord treasurer, and created Earl of
courses from the rest of his council ; and rather j Mancbeaur. ^^ ««»ur«r,aBa ctwim w <■
LETTERS RELATING TO LORD COKE.
501
like to fall, which is Coventry,* I hold doubtful
for your service ; not but that he is a well learned,
and an honest roan ; but he hath been, as it were,
bred by Lord Coke, and seasoned in his ways.
God preserve your majesty.
Your majesty's most humble
and bounden servant,
Fr. Bacon.
I send not these things, which concern my Lord
Coke, by my Lord Villiers, for such reasons as
your majesty may conceive.
November 13, at noon, [1610.]
TO THE KING.
IT MA? PLIA8E TOUR MOST EXCELLENT MAJE8TY,
I send your majesty according to your com-
mandment, the warrant for the review of Sir
Edward Coke's " Reports/' I had prepared it be-
fore I received your majesty's pleasure : but I was
glad to see it was in your mind, as well as in my
hands. In the nomination, which your majesty
made of the judges, to whom it should be direct-
ed, your majesty could not name the lord chief
justice, that now is,f because he was not then
declared : but you could not leave him out now,
without discountenance.
I send your majesty the state of Lord Darcy's
cause^ in the Star Chamber, set down by Mr.
Solicitor,^ and mentioned in the letters, which
your majesty received from the lords. I leave all
in humbleness to your majesty's royal judgment:
but this is true, that it was the clear opinion of
my lord chancellor, and myself, and the two chief
* Thomas Coventry, Esq.; afterwards lord keeper of the
great Heal.
t Sir Henry Montagu.
J This is just mentioned in a letter of Sir Francis Bacon to
the I.ord Viscount Villiers, printed in his works ; but is more
particularly stated in the " Reports'* of 8ir Henry Hnbart,
tard Chief Justice of the Common Pleas, p. 120, 121, Edit.
London, 1658, fol. as follows. The Lord Darcy of the North
sued Gervase Markham, Esq., in the Star Chamber, in 1610,
on this occasion. They had hunted together, and the defen-
dant and a servant of the plaintiff1, one Beckwtth, fell toge-
ther by the ears in the field: and Reck with threw him down,
and was upon him cuffing him, when the Lord Darcy took
his servant off*, and reproved him. However, Mr. Markham
ex preying some anger against his lordship, and charging him
with maintaining his man, Lord Darcy answered, that he had
used Mr. Markham kindly ; for if he had not rescued him
from his man, the latter would have beaten him to rags. Mr.
Markman, upon this, wrote five or six letters to Lord Darcy,
subscribing them with his name ; but did not send them, and
only dispersed them unsealed in the fields ; the purport of
them being this : that whereas the Lord Darcy had said, that,
but for him, his servant Beck with had beaten him to rags, he
lied : and as often as he should sneak it, he lied ; and that he
would maintain this with his life: adding, that he had d is-
perked those letters, that his lordship might find them, or
s.MMt* lw»dy pIim bring th-ui to him ; and that if his lordehip
were d^nirous to spenk with him, he micht send his boy, who
should be well used. For this offence, Mr. Markham was
censured, and fined 500/. by the Star Chamber.
$ Sir Iienry Yelverton.
! justices, and others, that it is a cause most fit for
the censure of the court, both for the repressing
of duels, and the encouragement of complaints
in courts of justice. If your majesty be pleased
it shall go on, there resteth but Wednesday for
the hearing ; for the last day of term is common-
ly left for orders, though sometimes, upon' extra-
ordinary occasion, it hath been set down for the
hearing of some great cause.
I send your majesty also Baron Bromley's*
report, which your majesty required ; whereby
your majesty may perceive things go not so well
in Cumberland, which is the seat of the party
your majesty named to me, as was conceived.
And yet, if there were land winds, as there be sea
winds, to bind men in, I could wish he were a
little windbound, to keep him in the south.
But while your majesty passeth the accounts of
judges in circuits, your majesty will give me leave
to think of the judges here in their upper region.
And because Tacitus saith well, "opportuni
magnis conatibus transitu s rerum;" now upon
this change, when he, that letteth, is gone, I shall
endeavour, to the best of my power and skill, that
there may be a consent and united mind in your,
judges to serve you, and strengthen your business*
For I am persuaded there cannot be a sacrifice,
from which there may come up to you a sweeter
odour of rest, than this effect, whereof I speak.
For this wretched murderer, Bertram,f now
gone to his place, I have, perceiving your ma-
jesty's good liking of what I propounded, taken
order, that there shall be a declaration concerning
the cause in the king's bench, by occasion of
punishment of the offence of his keeper; and
another in chancery, upon the occasion of moving
for an order, according to his just and righteous
report. And yet withal, I have set on work a
good pen4 and myself will overlook it, for mak-
ing some little pamphlet fit to fly abroad in the
country. v
For your majesty's proclamation touching the
wearing of cloth, after I had drawn a form as near
as I could to your majesty's direction, I pro-
; pounded it to the lords, my lord chancellor being
then absent; and after their lordships* good appro-
bation, and some points by them altered, I obtained
leave of them to confer thereupon with my lord
chancellor and some principal judge, which I
did this afternoon ; so as, it being now perfected,
I shall offer it to the board to-morrow, and so send
it to your majesty.
So, humbly craving your majesty's pardon for
* Edward Bromley, made one of the barons of the exche-
quer, February 6, 1609-10.
t John Bertram, a grave man, above seventy years of age,
and of a clear reputation, according to Camden, Annali* Repi*
Jaeobi I. p. 21. He killed with a pistol, in Lincoln's Inn, on
the 12th of November, 1616, Sir John Tyndnl, a master tn
Chancery, for having made a report against him in a cause,
wherein the sum contended for did not exceed tOOJ. He
hanged himself in prison on the 17th of that month.
X Mr. Trott.
508
LETTERS RELATING TO LORD COKE.
troubling you with so long a letter, specially being
accompanied with other papers, I ever rest
Your majesty's most humble
and bounden servant,
Fr. Bacon.
Hill Slit of November, at
ten at night, [1016.]
SIR EDWARD COKE TO THE KING.
THE KING TO THE LORD KEEPER, IN ANSWER
TO HIS LORDSHIP'S LETTER FROM GORHAM-
BURY, OF JULY 26, 1617.
James R.
Right trusty and well beloved counsellor, we
greet you well.
Although our approach doth now begin to be
near London, and that there doth not appear any
great necessity of answering your last letter, since
we are so shortly to be at home; yet we have
thought good to make some observations to you
upon the same, that you may not err, by mistaking
our meaning.
The first observation we are to make is, that,
Most gracious Sovereign,
I think it now my duty to inform your majesty
of the motives that induced the lord chancellor whereas you would invert the second sense, where-
and judge 8 to resolve, that a murder or felony,
committed by one Englishman upon another in a
foreign kingdom, shall be punished before the
constable and marshal here in England.
First, in the book-case, in the 13th year of King
Henry the Fourth, in whose reign the statute was
made, it is expressly said, one liegeman was
killed in Scotland by another liegeman ; and the
wife of him that was killed, did sue an appeal
of murder in the constable's court of England.
"Vide Statutum," saith the book, "de primo
Henri ci IV. cap. 14. Et contemporanea exposito
est fortissima in Lege." Stanford,* an author
without exception, saith thus, fol. 65, a. : "By
the statute of Henry IV. cap. 14. if any subject j
in we took your " magnum in parvo," in account-
ing it to be made ** magnum" by their streperous
carriage, that were for the match, we cannot but
show you your mistaking therein. For every
wrong must be judged by the first violent and
wrongous ground, whereupon it proceeds. And
was not the thefteous stealing away of the daugh-
ter from her own father* the first ground where-
upon all this great noise hath since proceeded ?
For the ground of her getting again came upon a
lawful and ordinary warrant, subscribed by one
of our council,f for redress of the former violence:
and except the father of a child might be proved
to be either lunatic, or idiot, we never read in any
law, that either it could be lawful for any crea-
kill another subject in a foreign kingdom, th»| ture to steal his child from him; or that it was a
matter of noise and streperous carriage for him to
hunt for the recovery of his child again.
Our next observation is, that whereas you pro-
test your affection to Buckingham, and thereafter
confess, that it is in some sort " parent-like;" yet,
after that you have praised his natural parts, we
* Lady Hatton had first removed her daughter to Sir Ed-
mund Whithipole's house, near Oallands, without the know-
ledge of Sir Edward Coke ; and from thence, according to a
letter of Mr. Chamberlain, dated July 19, 1617, the young lady
was privately conveyed to a house of the Lord of Argyle's
by Hampton-Court. "Whence," adds Mr. Chamberlain,
"her father, with a warrant from Mr. Secretary [Winwood]
fetched her : but indeed went farther than his warrant, and
brake open divers doors before he got her.'*
t Secretary Winwood, who, as Mr. Chamberlain observes
in the letter cited in the note above, was treated with 111
language at the council-board by the lord keeper, and threat-
ened with a " praemunire," on account of bis warrant granted
to Sir Edward Coke. His lordship at the same time, told
the Lady Compton, mother of the Earl of Buckingham, that
they wished well to her and her sons, and would be ready to
serve the earl with all true affection ; whereas others did k
out of "faction" and «• ambition." Which words glancing
directly at Secretary Winwood, he alleged, that what he bad
done was by the direction of the queen and the other parties,
and showed a letter of approbation of all his courses from the
king, making the whole table judge what "faction or "ambi-
tion" appeared in his carriage : to which no answer was re-
turned. The queen, some time after, taking notice of lbs
disgust which the lord keeper had conceived against Secre-
tary Winwood, and asking his lordship, what occasion the
in the University of Oxford, studied the law at Gray's Inn, in j secretary had given him to oppose himself so violently againrt
which he was elected autumn reader in 1545, made serjeant him, his lordship answered, " Madam, I can say no more bat
in 1552, the year following queen's serjeant, and, in 1554, one he is proud, and I am proud." MS. letter of Mr Chamber-
of the justices of Die common pleas. He died August 28, 1556. lain, October 11, 1017.
wife of him, that is slain, may have an appeal
in England before the constable and marshal;
which is a case * in terminis terminantibus.' And
when the wife, if the party slain have any, shall
have an appeal, there, if he hath no wife, his next
heir shall have it."
If any fact be committed out of the kingdom,
upon the high sea, the lord admiral shall determine
it. If in a foreign kingdom, the cognisance be-
longeth to the constable, where the jurisdiction
pertains to him.
And these authorities being seen by Bromley,
chancellor, and the two chief justices, they clearly
resolved the case, as before I have certified your
majesty.
I humbly desire I may be so happy, as to kiss
your majesty's hands, and to my exceeding com-
fort to see your sacred person ; and I shall ever
rest
Your majesty's faithful and loyal subject,
Edw. Coke.
February 25, 1616-7.
To the king1 s most excellent majesty,
* Sir William, the most ancient writer on the pleas of the
crown. He was borne In Middlesex, August 22, 1509, educated
LETTERS RELATING TO LORD COKE.
503
will not say, that you throw all down by a direct
imputation upon him ; but we are sure you do not
deny to have had a greater jealousy of his discretion, •
than, so far as we conceive, he ever deserved at '
your or any man's hands. For you say, that you
were afraid, that the height of his fortune might
make him too secure ; and so, as a looker-on, you
might sometime see more than a gamester. Now,
we know not how to interpret this in plain Eng-
lish otherwise, than that you were afraid, that the
height of his fortune might make him misknow
himself. And, surely, if that be your " parent-
like affection" toward him, he hath no obligation
to you for it. And, for our part, besides our own
proof, that we find him farthest from that vice of
any courtier, that ever we had so noar about us ;
so do we fear, that you shall prove the only phenix
in that jealousy of all the kingdom. For we would
be very sorry, that the world should apprehend
that conceit of him. But we cannot conceal, that
we think it was least your part of any to enter into
that jealousy of him of whom we have heard you oft
speak in a contrary style. And as for that error
of yours, which he lately palliated, whereof you
seem to pretend ignorance; the time is so short
since you commended to him one* to be of the
barons of our exchequer in Ireland, as we cannot
think you to be so short of memory, as to have
forgotten how far you undertook in that business,
before acquainting us with it ; what a long jour-
ney you made the poor man undertake, together
«rith the slight recommendation you sent of him ;
which drave us to those straits, that both the poor
man had been undone, and your credit a little
blasted, if Buckingham had not, by his impor-
tunity, made us both grant you more than suit, for
you had already acted a part of it, and likewise
run a hazard of the hindrance of your own service,
by preferring a person to so important a place,
whom you so slightly recommended.
Our third observation is upon the point of your
opposition to this business, wherein you either do,
or at least would seem to, mistake us a little.
For, first, whereas you excuse yourself of the op-
positions you made against Sir Edward Coke at
the council-table, both for that, and other causes ;
we never took upon us such a patrociny of Sir
Edward Coke, as if he were a man not to be
meddled withal in any case. For whatsoever you
did against him, by our employment and com-
mendation, we ever allowed it, and still do, for
good service on your part. " De bonis operibus
non lapidamus vos." But whereas you talk of the
riot and violence committed by him, we wonder j
you make no mention of the riot and violence of j
them, that stole away his daughter, which was i
the first ground of all that noise, as we said be-
fore For a roan may be compelled by manifest
* Mr. Lowder. See the letter of (he Earl of Buckingham
of the Mb of July.
wrong beyond his patience ; and the first breach
of that quietness, which hath ever been kept since
the beginning of our journey, was made by them
that committed the theft. And for your laying
the burden of your opposition upon the council,
we meddle not with that question ; but the oppo-
sition, which we justly find fault with you, was*
the refusal to sign a warrant for the father to the
recovery of his child, clad with those circum-
stances, as is reported, of your slight carriage to
Buckingham's mother, when she repaired to you
upon so reasonable an errand. What farther op-
position you made in that business, we leave it to
the due trial in the own time. But whereas you
would distinguish of times, pretending ignorance
either of our meaning or his, when you made your
opposition ; that would have served for a reason-
able excuse not to have furthered such a business,
till you had been first employed in it: but that
can serve for no excuse of crossing any thing, that
so nearly concerned one, whom you profess such
friendship unto. We will not speak of obligation ;
for surely we think, even in good manners, you
had reason not to have crossed any thing, wherein
you had heard his name used, till you had heard
from him. For if you had willingly given your
consent and hand to the recovery of the young
gentlewoman; and then written both to us and
to him what inconvenience appeared to you to be
in such a match ; that had been the part indeed
of a true servant to us, and a true friend to him.
But first to make an opposition ; and then to give
advice by way of friendship, is to make the plough
go before the horse.
Thus leaving all the particulars of your carriage
in this business, to the own proper time, which is
ever the discoverer of truth, we commend you to
God. Given under our signet at Nantwich, in
the fifteenth year of our reign of Great Britain, etc.
SIR HENRY YELVERTON, ATTORNEY-GENE-
RAL, TO THE LORD KEEPER BACON.
My most worthy and honourable Lord.
I dare not think my journey lost, because I
have with joy seen the face of my master, the
king, though more clouded towards me than I
looked for.
Sir Edward Coke hath not forborne, by any
engine, to heave at your honour, and at myself;
and he works by the weightiest instrument, the
Earl of Buckingham, who, as I see, sets him as
close to him as his shirt, the earl speaking in Sir
Edward's praise, and, as it were, menacing in his
spirit.
My lord, I emboldened myself to assay the
temper of my Lord of Buckingham to myself, and
found it very fervent, misled by information,
504
LETTERS RELATING TO LORD. COKEL
which yet I find he embraced as truth, and did
nobly and plainly tell me, he would not secretly
bite ; but whosoever had any interest, or tasted of
the opposition to his brother's marriage, he would
as openly oppose them to their faces, and they
should discern what favour he had, by the power
he would use.
In the passage between him and me, I stood
with much confidence upon these grounds.
First, That neither your lordship, nor myself,
had any way opposed, but many ways had further-
ed the fair passage to the marriage.
Secondly, That we only wished the manner of
Sir Edward's proceedings to have been more tem-
perate, and more nearly resembling the earl's
sweet disposition.
Thirdly, That the chiefest check in this business
was Sir Edward himself, who listened to no
advice, who was so transported with passion, as
he purposely declined the even way, which your
lordship and the rest of the lords left both him, his
lady, and his daughter in.
Fourthly, I was bold to stand upon my ground ;
and so 1 said I knew your lordship would, that
these were slanders, which were brought him of
us both, and that it stood not with his honour to
give credit to them.
After I had passed these straits with the earl,
leaving him leaning still to the first relation of
envious and odious adversaries, I had ventured to
approach his majesty, who graciously gave me
his hand to kiss, but intermixed withal that I de-
served not that favour, if three or four things were
true, which he had to object against me. I was
bold to crave his princely justice ; first, to hear,
then to judge ; which he graciously granted, and
said, he wished I could clear myself. I answered
I would not appeal to his mercy in any of the points,
but would endure the severest censure, if any of
them were true. Whereupon he said, he would
reserve his judgment till he heard me; which
could not be then, his other occasions pressed him
so much. All this was in the hearing of the earl ;
and, I protest, I think the confidence in my inno-
cency madewme depart half justified ; for I like-
wise kissed his majesty's hand at his departure;
and though out of his grace he commanded my
attendance to Warwick, yet upon my suit he
easily inclined to give me the choice, to wait on
him at Windsor, or at London.
Now, my lord, give me leave, out of all my
affections, that shall ever serve you, to intimate
touching yourself:
1. That every courtier is acquainted, that the
earl professeth openly against you, as forgetful of
his kindness, and unfaithful to him in your love,
and in your actions.
2. That he returneth the shame upon himself,
in not listening to counsel, that dissuaded his
affections from you, and not to mount you so high,
not forbearing in open speech, as divers have told
me, and this bearer, your gentleman, hath heard
also, to tax you, as if it were an inveterate custom
with you, to be unfaithful to him, as you were to
the Earls of Essex and Somerset.
3. That it is too common in every man's mouth
in court, that your greatness shall be abated ; and
as your tongue hath been as a razor to some, io
shall theirs be to you.
4. That there are laid up for you, to make your
burden the more grievous, many petitions to his
majesty against you.
My lord, Sir Edward Coke, as if he were al-
ready upon his wings, triumphs exceedingly;
hath much private conference with his majesty;
and in public doth offer himself, and thrust upon
the king, with as great boldness of speech, at
heretofore.
It is thought, and much feared, that at Wood-
stock he will again be recalled to the council-
table; for neither are the earl's ears, nor his
thoughts, ever off him.
Sir Edward Coke, with much audacity, affirm-
eth his daughter to be most deeply in love with
Sir John Villiers; that the contract pretended
with the Earl of Oxford is counterfeit ; and the
letter also, that is pretended to have come from
the earl.
My noble lord, if I were worthy, being the
meanest of all to interpose my weakness, I would
humbly desire,
1. That your lordship fail not to be with his
majesty at Woodstock. The sight of you will
fright some.
2. That you single not yourself from other
lords ; but justify the proceedings as all your
joint acts; and I little fear but you pass con-
queror.
3. That you retort the clamour and noise in
this business upon Sir Edward Coke, by the vio-
lence of his carriage.
4. That you seem not dismayed, but open your-
self bravely and confidently, wherein you can
excel all subjects ; by which means I know you
shall amaze some, and daunt others.
I have abused your lordship's patience long;
but my duty and affection towards your lordship
shall have no end: but I will still wish your
honour greater, and rest myself
Your honour's servant,
Henry Yelvertok.
Daventry, Sept. S, 1617.
I beseech your lordship burn this letter.
To the right honourable his singular good lord'
ship, the lord keeper of the great seaL
TO THE MARQUIS OF BUCKINGHAM.
My very good Lord,
This day afternoon, upon our meeting in coun-
cil, we have planed those rubs and knots, which
LETTERS RELATING TO LORD COKE.
5C5
were mentioned in my last, whereof I thought
good presently to advertise his majesty. The
days hold without all question, and all delays
diverted and quieted.
Sir Edward Coke was at Friday's hearing, but
in his night-cap ; and complained to me, he was
ambulant, and not current. I would be sorry he
should fail us in this cause. Therefore I desired
his majesty to signify to him by your lordship,
taking knowledge of some light indisposition of
his, how much he should think his service disad-
vantaged in this cause, if he should be at any day
away ; for then he cannot sentence.
By my next I will give his majesty some ac-
count of the tobacco and the currants. I ever
test
Your lordship's most obliged friend
and faithful servant,
Fa. Vkrulam, Cane.
November 10, at evening, 1610.
TO THE KING.
Mat it please your Majesty,
Sir Edward Coke is now a foot, and, according
to your command, signified by Mr. Secretary
Calvert, we proceed in Peacock's examinations.
For although there have been very good diligence
used, yet certainly we are not at the bottom ; and he,
that would not use the utmost of his line to sound
such a business as this, should not have due
regard, neither to your majesty's honour nor
safety.
A man would think he were in Luke Hutton's
ease again ; for as my Lady Roos personated Luke
Hutton, so, it seemeth, Peacock personateth At*
kins. But I make no judgment yet, but will go
on with all diligence : and, if it may not be done
otherwise, it is fit Peacock be put to torture. He
deserveth it as well as Peacham did.
I beseech your majesty not to think I am more
bitter, because my name is in it ; for, besides that
I always make my particular a cipher, when
there is question of your majesty's honour and
service, I think myself honoured for being brought
into so good company. And as, without flattery,
I think your majesty the best of kings, and my
noble Lord of Buckingham the best of persons
favoured ; so I hope, without presumption, for my
honest and true intentions to state and justice,
and my love to my master, I am not the worst of
chancellors.
God ever preserve your majesty.
Your majesty's most obliged
and most obedient servant.
Fr. Virulam, Cane.
Pebmtry, 10, 1610.
Vol.IL— 64
The following papers, containing the Lord Chan-
cellor Elesmere's exceptions to Sir Edward
Coke's " Reports" and Sir Edward's answers,
having never been printed, though Mr. Stephens,
who had copied them from the originals, designed
to have given them to the public, they are sub-
joined here in justice to the memory of thai
great lawyer and judge t especially as the
offence taken at his " Reports" by King James,
is mentioned above in the letter of the lord
chancellor and Sir Francis Bacon, of October 16,
1616, to that king.
TO THE KING'S MOST EXCELLENT MAJESTY.
IT MAY PLEASE YOUR MOOT EXCELLENT MAJESTY :
According to your majesty's directions signified
unto me by Mr. Solicitor, I called the lord chief
justice before me on Thursday the 17th of this
instant, in the presence of Mr. Attorney and
others of your learned counsel. I did let him
know your majesty's acceptance of the few ani-
madversions, which, upon review of his own la*
hours, he had sent, though fewer than you ex-
pected, and his excuses other than you expected,
as, namely, in the prince's case, the want of the
original in French, as though, if the original had
been " primogenitus" in Latin, then he had not
in that committed any error. I told him farther,
that because his books were many, and the cases
therein, as he saith, 500, your majesty, out of
your gracious favour, was pleased, that his memory
should be refreshed ; and that he should be put in
mind of some passages dispersed in bis books,
which your majesty, being made acquainted with,
doth as yet distaste, until you hear his explana-
tion and judgment concerning the same. And
that out of many some few should be selected,
and that at this time he should not be pressed
with more, and these few not to be the special
and principal points of the cases, which were
judged, but things delivered by discourse, and, as
it were, by expatiation, which might have been
8 pa red and forborne, without prejudice to the
judgment in the principal cases.
Of this sort Mr. Attorney and Mr. Solicitor
made choice of five specially, which were read
distinctly to the lord chief justice. He heard them
with good attention, and took notes thereof in
writing, and, lest there might be any mistaking
either in the declaring thereof unto him, or in his
misconceiving of the same, it was thought good
to deliver unto him a true copy. Upon consi-
deration whereof, and upon advised deliberation,
he did yesterday in the afternoon return unto me,
in the presence of all your learned counsel, a copy
of the five points before mentioned, and his answer
at large to the same, which I make bold to pre-
2U
600
LETTERS RELATING TO LORD COKE.
Kent herewith to your majesty, who can best
discern and judge both of this little which is done,
and what may be expected of the multiplicity of
other cases of the like sort, if they shall be
brought to further examination. All that I have
done in this hath been by your majesty's com-
mandment and direction, in presence of all your
learned counsel, and by the special assistance
and advice of your attorney and solicitor.
I know obedience is better than sacrifice ; for
otherwise I would have been an humble suitor to
your majesty to have been spared in all service
concerning the lord chief justice. I thank God,
I forget not the fifth petition, "Dimitte nobis
debita nostra sicut, etc.;" but withal I have learned
this distinction: there is, 1. " Remissio vin-
dictte." 2. " Remissio pcenae." 3. " Remissio
judicii." The two first I am past, and have
freely and clearly remitted. But the last, which
is of judgment and discretion, I trust I may in
Christianity and with good conscience retain, and
not to trust too far, etc.
I must beseech your majesty's favour to excuse
me for all that I have here before written, but
specially for this last needless passage ; wherein
I fear your majesty will note me to play the
divine, without learning, and out of season. So,
with my continual prayers to God to preserve
your majesty with long, healthful, and happy
life, and all earthly and heavenly felicity, I rest
Your majesty's humble and
faithful subject and servant,
T. Ellesmere, Cane.
At York House,
83 Oct. 1010.
THE HUMBLE AND DIRECT ANSWER TO THE
FOURTH QUESTION ARI8ING OUT OF DR.
BONHAM'S CASE.
In this case I am required to deliver what I
mean by this passage therein, That in many cases
the common law shall control acts of parliament ;
and sometimes shall adjudge them to be merely
void ; for where an act of parliament is against
common right and reason, the common law shall
control it, and adjudge it to be void.
The words of my report do not import any new
opinion, but only a relation of such authorities of
law, as had been adjudged and resolved in ancient ;
and former times, and were cited in the argument ■
of Bonhara's case ; and, therefore, the words of ,
my book are these: "It appeareth in our books,
that in many cases the common law shall control j
acts of parliament, and sometimes shall adjudge '
them to be utterly void ; for when an act of par- 1
liament is against common right and reason, or
repugnant or impossible to be performed, the
common law shall control this, and adjudge such
act to be void." And, therefore, in 8 £. HI. 30,
Thomas Tregor's case, upon the statute of West.
2, chap. 38, " et artic. super cart." chap. 9, Herie
saith, Some statutes are made against law and
right, which they, that made them, perceiving,
would not put them in execution.
The statute of H. II. chap. 21, gives a writ of
" Cessavit haeredi petenti super heredem tenent
et super eos, quibus alienatum fuerit hujusraodi
tenementura." And yet it is adjudged in 33 E.
III. " tit. cessavit" 42, where the case was, Two
copartners, lords and tenant by fealty and cer-
tain rent; the one copartner hath issue, and
dieth, the aunt and the niece shall not join in a
" cessavit," because that the heir shall not have
a "cessavit," for the cesser in his ancestor's
time. Fitz. N. B. 209, F ; and herewith accords
Plow. Com. 110. And the reason is, because that
in a " cessavit," the tenant, before judgment, may
render the arrearages and damages, etc., and retain
his land : and this he cannot do, when the heir
bringeth a " cessavit" for the ceasor in the time
of his ancestor ; for the arrearages incurred in the
life of his ancestor do not belong to the heir.
And, because that this is against common right
and reason, the common law adjudges the said act
of parliament as to this point void. The statute
of Carlisle, made anno, 35 E. I. enacteth, That
the order of the Cistertians and Augustins have a
convent and common seal ; that the common seal
shall be in the custody of the prior, which is
under the abbot, and four others of the discreetest
of the house ; and that any deed sealed with the
common seal, that is not so kept, shall be void.
And the opinion in the 27 H. VI. tit. Annuity
41, was, that this statute is void; for the words
of the book are, it is impertinent to be observed :
for the seal being in their custody, the abbot
cannot seal any thing with it; and, when it is in
the hands of the abbot, it is out of their custody
"ipso facto." And, if the statute should be
observed, every common seal might be defeated
by a simple surmise, which cannot be. Note,
reader, the words of the said statute made at Car-
lisle, anno, 35 E. I. which is called " Statutum Re-
ligiosorum," are these: "Et insuper ordinavit
dominus rex et statu it, quod abbates Cistercienses
et Premonstratenses ordinum religiosorum, etc
de cetero habeant sigillum commune, et illud in
custodia prioris monasterii seu domus et quatuor
de dignioribus et discretion bus ejusdem loci con-
ventus sub private sigillo abbatis ipsius loci
custod. deponend. Et si forsan aliqua scripts
obligationum, donationum, emptionum, vendi-
tionum, alienationum, seu aliorum quorumcunqus
contractuum alio sigillo quam tali sigillo communi
sicut premittitur custod it, inveniatur amodo,
sigillata pro nullo penitus habeantur, omnique
careant firmitate." So the statute of 1 E. VI.
chap. 14, gives chanteries, etc., to the king, saving
to the donor, etc., all such rents, services, etc.;
and the common law controls this, and adjudges
it void as to the services; and the donor shall
LETTERS RELATING TO LORD COKE.
$07
have the rent as a rent-seek to distrain of common
right; for it should be against common right and
reason, that the king should hold of any, or do
suit to any of his subjects, 14 Eliz. Dyer, 313.
And so it was adjudged Mich. 16 and 17 Eliz.
in the common place in Stroud's case. So, if any
act of parliament give to any to hold, or to have
conusance of all manner of pleas before him
arising within his manor of D., yet he shall hold
no plea, whereunto himself is a party, for " Ini-
quum est aliquetn suae rei esse judicera."
Which cases being cited in the argument of
this case, and I finding them truly vouched, I re-
ported them in this case, as my part was, and had
no other meaning than so far as those particular
cases there cited do extend unto. And therefore
the beginning is, It appeareth in our books, etc.
And so it may be explained, as it was truly in-
tended.
In all which I most humbly submit myself to
your majesty's princely censure and judgment.
Edw. Coke.
THE HUMBLE AND DIRECT ANSWER TO THE
LAST QUESTION ARISING UPON BAGG'S CASE.
It was resolved, that to this court of the king's
bench belongeth authority not only to correct
errors injudicial proceedings, but other errors and
misdemeanors tending to the breach of the peace,
or oppression of the subjects, or to the raising of
faction or other misgovernment : so that no wrong
cr injury either public or private can be done, but
it shall be reformed and punished by law.
Being commanded to explain myself concern-
ing these words, and principally concerning this
word, " misgovernment ;"
I answer, that the subject-matter of that case
concerned the misgovernment of the mayors and
other the magistrates of Plymouth.
And I intended for the persons the misgovern-
ment of such inferior magistrates for the matters
in committing wrong or injury, either public or
private, punishable by law, and therefore the last
clause was added, "and so no wrong or injury,
either public or private, can be done, but it shall
be reformed and punished by law ;" and the rule
is " verba intelligenda sunt secundum subjectam
materiam."
And that they and other corporations might
know, that factions and other misgovernments
amongst them, either by oppression, bribery, un-
just disfranchisements, or other wrong or injury,
public or private, are to be redressed and punished
by law, it was so reported.
But, if any scruple remains to clear it, these
words may be added "by inferior magistrates;"
and so the sense shall be by faction or misgovern-
ment of inferior magistrates, so as no wrong or
injury, etc.
Ail which I most humbly submit to your
majesty's princely judgment,
Edw. Cokk.
Mat it please your Lordship,
Above a year past, in my late lord chancellor's
time, information was given to his majesty, that
I having published in eleven works or books of
reports, containing above 600 cases one with an-
other, had written many things against his ma-
jesty's prerogative. And I being by his majesty's
gracious favour called thereunto, all the excep-
tions, that could be taken to so many cases in so
many books, fell to five, and the most of them
too were by passages in general words ; all which
I offered to explain in such sort, as no shadow
should remain against his majesty's prerogative,
as in truth there did not; which whether it were
related to his majesty, I know not. But there-
upon the matter has slept all this time ; and now
the matter, after this ever blessed marriage, is
revived, and two judges are called by my lord
keeper to the former, that were named. My
humble suit to your lordship is, that if his ma-
jesty shall not be satisfied with my former offer,
viz. by advice of the judges to explain and publish
as is aforesaid those five points, so as no shadow
may remain against his prerogative ; that then all
the judges of England may be called hereunto.
2. That they may certify also what cases I have
published for his majesty's prerogative and benefit,
for the good of the church, and quieting of men's
inheritances, and good of the commonwealth ; for
which purpose I have drawn a minute of a letter
to the judges, which I assure myself your lord-
ship will judge reasonable ; and so reposing my-
self upon your lordship's protection, I shall ever
remain,
Your most bounden servant,
Edw. Coke.
Superscribed,
7b the right honourable his singular good lord, the
Earl of Buckingham, of his majesty's privy
council.
THE LETTER TO THE JUDGES.
Whereas, in the time of the late lord chancel-
lor, intimation was given unto us, that divers cases
were published in Sir Edward Coke's reports,
tending to the prejudice of our prerogative royal ;
whereupon we, caring for nothing more, as by our
kingly office we are bounden, than the preservation
of prerogative royal, referred the same: and there-
upon, as we are informed, the said Sir Edward
Coke being called thereunto, the objections were
reduced to five only, and most of them consisting
508
CHARGE AGAINST WHITELOCK.
in general terms ; all which Sir Edward offered,
as we are informed, to explain and publish, so as
no shadow might remain against our prerogative.
And whereas, of late two other judges are called
to the others formerly named. Now our pleasure
and intention being to be informed of the whole
truth, and that right be done to all, do think it fit,
that all the judges of England, and barons of the
exchequer, who have principal care of our pre-
rogative and benefit, do assemble together con-
cerning the discussing of that, which, as is afore-
said, was formerly referred ; and also what cases Sir
Edward Coke hath published to the maintenance
of our prerogative and benefit, for the safety and
increase of the revenues of the church, and for
the quieting of men's inheritances, and the gene-
ral good of the commonwealth : in all which we
require your advice and careful considerations;
and that before you make any certificate to us,
you confer with the said Sir Edward, so as all
things may be the better cleared.
To all the judges of England* and
barons of the exchequer*
In the library of the late Thomas, Earl of Lei-
cester, the descendant of Sir Edward Coke, at
Holkham in Norfolk, is a copy of the Novum
Organum, entitled Instauratio Magna, printed by
John Bill in 1620, presented to Sir Edward, who,
at the top of the titlepage, has written, Edw. C.
ex dono auc torts,
JSuetori Consilium.
Instaurar* para* veterum doeumtnta sopkorum :
fnstaurare Leg** Jiutitiamq ; priua.
And over the device of the ship passing between
Hercules's pillars, Sir Edward has written the two
following verses :
" It deserveth not to be read in schooles,
But to be freighted in the Skip of Fool*:*9
alluding to a famous book of Sebastian Brand,
born at Strasburgh about 1460, written in Latin
and High Dutch verse, and translated into Eng-
lish in 1508, by Alexander Barklay, and printed
at London the year following by Richard Pynson,
printer to Henry VII. and Henry VIII., in folio,
with the following title, "The Shyp of Follys
of the World : translated in the Coll. of Saynt
Mary Otery in the counteof Devonshyre, oute of
Latin, Frenche, and Doche, into Englesshe
tongue, by Alex. Barklay, preste and chaplen in
the said College m,ccccc,viii." It was dedi-
cated by the translator to Thomas Cornish, Bish-
op of Tine, and suffragan Bishop of Wells, and
adorned with great variety of wooden cuts.
THE CHARGE AGAINST MR. WHITELOCK.*
Mr Lords,
The offence, wherewith Mr. Whitelocke is
• He had been committed, in May, 1013, to the Fleet, for
tpemktof too boldly against the marshal's court, and for giving
charged, for as to Sir Robert Mansell, I take it
to my part only to be sorry for his error, is aeon-
tempt of a high nature, and resting upon two
parts : on the one, a presumptuous and licentious
censure and defying of his majesty's prerogative
in general ; the other a slander and traducement
of one act or emanation hereof, containing a com-
mission of survey and reformation of abuses in
the office of the navy.
This offence is fit to be opened and set before
your lordships, as it hath been well begun, both
in the true state and in the true weight of it For
as I desire that the nature of the offence may ap-
pear in its true colours; so, on the other side, I
desire, that the shadow of it may not darken or
involve any thing that is lawful, or agreeable
with the just-and reasonable liberty of the subject
First, we must and do agree, that the asking,
and taking, and giving of counsel in law is an
essential part of justice; and to deny that, is to
shut the gate of justice, which in the Hebrew's
commonwealth, was therefore held in the gate, to
show all passage to justice must be open: and
certainly counsel in law is one of the passages.
But yet, for all that, this liberty is not infinite and
without limits.
If a jesuited papist should come, and ask coun-
sel (I put a case not altogether feigned) whether
all the acts of parliament made in the time of
Queen Elizabeth and King James are void or no;
because there are no lawful bishops sitting in the
Upper House, and a parliament must consist of
lords spiritual and temporal and commons ; and a
lawyer will set it under his hand, that they be all
void, I will touch him for high treason upon this
his counsel.
So, if a puritan preacher will ask counsel,
whether he may style the king Defender of the
Faith, because he receives not the discipline and
presbytery ; and the lawyer will tell him, it is no
his opinion to Sir Robert Maneell, treasurer of the nary, and
vice-admiral, that the commission to the Earl of Nottingham,
lord high admiral, for reviewing and reforming the disorder!
committed by the officers of the navy, was not according to
law ; though Mr. Whitelocke had given that opinion only in
private to his client, and not under hia hand. Sir Robert
Mansell was also committed to the Marshatoea, for animating
the lord admiral against the commission. [Sir Ralph Wind*
wood's Memorials of State, Vol. HI. p. 400.] This Mr. White-
locke was probably the same with James Whitelocke, who
was born in London, 96 November, 1571, educated at Mer-
chant-taylor's school there, and St. John's college in Oxford,
and studied law in the Middle Temple, o£ which he was sum-
mer reader in 1619. In the preceding year, 1618, he stood for
the place of recorder of the city of Ijondon, but was not elect-
ed to it, Robert Heath, Esq. being chosen on the 10th of No-
vember, chiefly by the recommendation of the king, the city
having been told, that they must choose none whom his
majesty should refuse, aa he did to particular except to Mr.
Whitelocke by name. [MS. letter of Mr. Chamberlain to
Sir Dudley Carleton, November 14, 1816.] Mr. Whitelocke,
however, was called to the degree of Serjeant in Trinity tens,
1690. knighted, made chief justice of Chester ; and at last, on
the 18th of October, 16*4, one of the justices of the king's
bench ; in which post he died, June, 1632. He waa father of
Bulstrode Whftelocke, Esq.; cemsilsitontr of the great seal.
CHARGE AGAINST WHITELOCKE.
609
part of the king's style, it will go hard with such
a lawyer.
Or if a tribunitious popular spirit will go and
ask a lawyer, whether the oath and band of
allegiance be to the kingdom and crown only, and
not to the king, as was Hugh Spenser's case, and
he deliver his opinion as Hugh Spenser did ; he
will be in Hugh Spenser's danger.
So as the privilege of giving counsel proveth
not all opinions : and as some opinions given are
traitorous ; so are there others of a much inferior
nature, which are contemptuous. And among
these I reckon Mr. Whitelocke's ; for as for his
loyalty and true heart to the king, God forbid I
should doubt it.
Therefore, let no man mistake so far, as to con-
ceive, that any lawful and due liberty of the sub-
ject for asking counsel in law is called in question
when points of disloyalty or of contempt are re-
strained. Nay, we see it is the grace and favour
of the king and his courts, that if the case be ten-
der, and a wise lawyer in modesty and discretion
refuseth to be of counsel, for you have lawyers
sometimes too nice as well as too bold, they are
then ruled and assigned to be of counsel. For
certainly counsel is the blind man's guide ; and
sorry I am with all my heart, that in this case the
blind did lead the blind.
For the offence, for which Mr. Whitelocke is
charged, I hold it great, and to have, as I said at
first, two parts : the one a censure, and, as much
as in him is, a circling, nay, a clipping, of the
king's prerogative in general ; the other, a slander
and depravation of the king's power and honour
in this commission.
And for the first of these, I consider it again in
three degrees: first, that he presumed to censure
the king's prerogative at all. Secondly, that he
runneth into the generality of it more than was
pertinent to the present question. And, lastly,
that he hath erroneously, and falsely, and danger-
ously given opinion in derogation of it.
First, I make a great difference between the
king's grants and ordinary commissions of justice,
and the king's high commissions of regiment, or
mixed with causes of state.
For the former, there is no doubt but they may
' be freely questioned and disputed, and any defect
in matter or form stood upon, though the king be
many times the adverse party :
But for the latter sort, they are rather to be
dealt with, if at all, by a modest, and humble
intimation or remonstrance to his majesty and his
council, than by bravery of dispute or peremptory
opposition.
Of this kind is that properly to be understood,
which is said in Bracton, " De chartis et factis
Tegiis non debentaut possum justitiarii aut private
personam disputare, sed tutius est, ut ezpectetur
sententia regis."
And the king's courts themselves have been
exceeding tender and sparing in it ; so that there
is in all our law not three cases of it. And in that
very case of 24 Ed. III. ass. pi. s. which Mr.
Whitelocke vouched, where, as it was a commis-
sion to arrest a man, and to carry him to prison, and
to seize his goods without any form of justice or
examination preceding; and that the judges saw
it was obtained by surreption : yet the judges said
they would keep it by them, and show it to the
king's council.
But Mr. Whitelocke did not advise his client
to acquaint the king's council with it, but pre-
sumptuously giveth opinion, that it is void. Nay,
not so much as a clause or passage of modesty, as
that he submits his opinion to censure : that it is
too great a matter for him to deal in ; or this is
my opinion, which is nothing, etc. But " illotis
manibus,*' he takes it into his hands, and pro-
no unceth of it, as a man would scarcely do of a
warrant of a justice of peace, and speaks like a
dictator, that " this is law," and " this is against
law," etc.*
ROBERT EARL OF SOMERSET TO SIR THOMAS
OVERBURY.f FROM A COPY AMONG LOKD
BACON'S PAPERS IN THE LAMBETH LI-
BRARY.
Sir,
I have considered that my answer to you, and
what I have otherwise to say, will exceed the
bounds of a letter ; and now having not much
time to use betwixt my waiting on the king, and
the removes we do make in this our little pro-
gress, I thought fit to use the same man to you,
whom I have heretofore many times employed in
the same business. He has, besides, an account
and a better description of me to give you, to
• Sir H. Wotton, in a letter of his to 8tr Edmund Bacon,
[Reliq. Watton, p. 421, edit. 3d,] written about the beginning
of June, 1613, mentions, tbat Sir Robert Manaell and Mr.
Whitelocke were, on the Saturday before, called to a very
honourable hearing in the queen's presence-chamber at White-
hall, before the lords of the council, with intervention of the
Lord Chief Justice Coke, the Lord Chief Baron Tanfield* and
the master of the rolls ; the lord chief Justice of the king's bench,
Fleming, being kept at home by some infirmity. There the
attorney and solicitor first undertook Mr. Whitelocke, and the
recorder, [Henry Montagu,] as ticking's serjeant, Sir Robert
Mansell, charging the one as a counsellor, the other as a ques-
tioner, in matters of the king's prerogative and sovereignty
upon occasion of a commission intended for a research into
the administration of the admiralty. " Whitelocke in his an-
swer," adds Sir Henry Wotton, " spake more confusedly
than was expected from a lawyer ; and the knight more tem-
perately than was expected from a soldier .... Whitelocke
ended his speech with an absolute confession of his own
offence, and with a promise of employing himself hereafter in
defence of the king's prerogative .... In this they generally
agreed, both counsellors and judges, to represent the humilia-
tion of both the prisoners to the king, in lieu of initocency,
and to intercede for his gracious pardon : which was done, and
accordingly the next day they were enlarged upon a submission
under writing."
t He was commuted to the Tower on the 91st of April, 1611,
and died then of poison on the lfith of September following.
*o9
510
LETTERS RELATING TO LEGAL PROCEEDINGS.
make a repetition of the former carriages of all
this business, that you may distinguish that,
which he did by knowledge of mine and direc-
tion, and betwixt that he did out of his own dis-
cretion, without my warrant. With all this he
has to renew to you a former desire of mine, which
was the groundwork of this, and the chief errand
of his coming to you, wherein I desire your
answer by him. I would not employ this gentle-
man to you, if he were, as you conceit of him,
your unfriend, or an ill instrument betwixt us.
So owe him the testimony of one, that has spoken
as honestly, and given more praises of you, than
any man that has spoken to me.
My haste at this time makes me to end sooner
than I expected : but the subject of my next send-
ing shall be to answer that part you give me in
your love, with a return of the same from
Your assured loving friend,
R. Somerset.
Endorsed,
Lord Somerset's first letter.
TO THE KING.
It mat please tour most excellent Majesty,
We have, with all possible care and diligence,
considered Cotton's* cause, the former and the
• The case of this gentleman will render the detail of it
necessary for the illustration of this letter; and the circum-
stances of it, not known in our history, may be thought to de-
serve the rentier's attention. He was a native of the West
of England, and a recusant, against whom a proclamation was
Issued in June, 1613, charging him with high treason against
the king and state, for having published a very scandalous and
railing book against his majesty, under the title of Balaam's
Ass, which was dropped in the gallery at Whitehall. Just at
the time of publishing this proclamation, he happened to cross
the Thames, and inquiring of the watermen what news 1
they, not knowing him, told him of the proclamation. At
landing, he muffled himself up in his cloak, to avoid being
known ; but had not gone many paces, when one Mr. Maine,
a friend of his, meeting and discovering him, warned him of
his danger ; and being asked what he would advise him to do,
recommended it to him to surrender himself; which he did to
the Earl of Southampton. He denied himself to be the author
of the libel : but his study being searched, among his papers
were found many parts of the book, together with relics of
those persons who had been executed for the gunpowder
treason, as one of Sir Everard Digby's fingers, a toe of Thomas
Percy, some other part of Catesby or Rookewood, and a piece
of one of Peter Lambert's ribs. He was kept prisoner in the
Tower till March, 1618, when the true author of the libel was
discovered to be John Williams, Esq., a barrister of the Mid-
dle Temple, who had been expelled the House of Commons on
account of his being a Papist. The discovery was owing to this
accident : a pursuivant in want of money, and desirous to get
tome by his employment, waited at the Spanish ambassador's
door, to see if be could light upon any prey. At last came out
Mr. Williams, unknown to the pursuivant ; but carrying, in
his conceit, the countenance of a priest. The pursuivant, there-
fore, followed him to his inn, where Williams having mounted
his horse, the pursuivant came to him, and told him, that he
must speak a word or two with him. "Marry ,with all my heart/'
•aid Williams ; " what is your pleasure 1" You mutt light, an-
swered the pursuivant: for uou are a priest. "A priestl" replied
Williams ; ** I have a good warrant to the contrary, for I have
a wife and children." Being, however, obliged to dismount,
the pursuivant searched him ; and in his pocket was found a
latter, touching the book and the letter in the gilt
apple, and have advisedly perused and weighed
all the examinations and collections which were
formerly taken; wherein we might attribute a
good deal of worthy industry and watchful
inquiry to my Lord of Canterbury. We thought
fit also to take some new examinations; which
was the cause we certified no sooner. Upon the
whole matter, we find the cause of his imprison-
ment just, and the suspicions and presumptions
many and great; which we little need to mention,
because your majesty did relate and enforce them
to us in better perfection, than we can express
bundle of papers sealed up ; which the pursuivant going to
open, Williams made some resistance, pretending they were
evidences of a gentleman whose law businesses he transacted.
The pursuivant insisting upon opening the papers, amosg
them was found Balaam's Ass, with new a limitations; of
which, upon examination, Williams confessed himself to be
the aulhor. lie was brought to trial on the 3d of May, 1618,
for writing that and another book entitled Speculum Reg+U;
in both of which he had presumed to prophesy, that the king
would die in 1021, grounding this prediction on the prophecy
of Daniel, where the prophet speaks of time and times, ami
half a time. He farther affirmed, that Antichrist will be re-
vealed when sin shall be at the highest, and then the end is
nigh : that such is our time : sin is now at the highest ; erf*,
that the land is the abomination of desolation mentioned by
Daniel, and the habitation of devils, and the antimark of
Christ's church. Williams's defence was, 1. That what ha
had written was not with any malice or disloyalty of heart
towards the king, but purely from affection, and by way
of caution and admonition, that his majesty might avoid the
mischiefs likely to befall him ; having added in his book, when
he delivered the threats of judgment and destruction, avast*
God avert, or such words. 9. That the matter rested only hi
opinion and thought, and contained no overt act ; no rebellion,
treason, or other mischief following it. 8. That be had en-
closed his book in a box sealed up, and secretly conveyed tola)
the king, without ever publishing it. But the court was
unanimously of opinion, that he was guilty of high treason;
and that the words contained in the libel, aa cited above, iav
ported the end and destruction of the king and his realm; and
that antichristianism and false religion were maintained hi
the said realm ; which waa a motive to the people to com-
mit treasons, to raise rebellions, See., and that the writing of
the book was a publication. Reports of Henry Roll*, strjeaut
at late, pari II. p. 88. In consequence.of this judgment he had
a sentence of death passed upon him, which was executed
over against Charing-cross two days after. MS. letters of
Mr. Thomas Lorkin to Sir Thomas Puckering, Bart., dated at
London, June the 34th and 30th, 1613, and March the 16th,
1618-9, and May the 4th and 5th, 1610, among the Harleiaa
MSS. vol. 7003. At his death he adhered to his profession of
the Roman Catholic religion, and died with great resolution.
He prayed for the king and prince ; and said, that he was sorry
for having written so saucily and irreverently ; but pretended
that he had an inward warrant and particular illumination to
understand certain bard passages of Daniel and the Revela-
tion, which made him adventure so far. M8. letter of John
Chamberlain, Esq. to Sir Dudley Carleton, dated at London,
May 8, 1619.
This case was urged against the seven bishops at their trial
in King James Il.'s reign by Sir William Williams, then
solicitor-general, who observed, Trial, p. 76, that it had been
made use of by Mr. Solicitor-General Finch on the trial of
Col. Sidney, and was the great "case relied upon, and that
guided and governed that case;*' though there is nothing of
this, that appears in the printed trial of Sidney.
It is but justice to the memory of our great antiquary, Sir
Robert Cotton, Bart., to remark here a mistake of Dr. Thomas
Smith in bis life of Sir Robert, p. 26, prefixed to his catalogue
of the Cottonian library, where he has confounded the Cotton
mentioned in the beginning of this note, with Sir Robert Cot-
ton, and erroneously supposed, that the suspicion of having
written the libel had fallen upon the latter.
LETTERS RELATING TO LEGAL PROCEEDINGS.
511
them. But, nevertheless, the proofs seem to as
to amount to this, that it was possible he should
be the man ; and that it was probable, likewise,
he was the man : but no convicting proofs, that
may satisfy a jury of life and death, or that may
make us take it upon our conscience, or to think
it agreeable to your majesty's honour, which next
our conscience to God, is the dearest thing to us
on earth, to bring it upon the stage : which, not-
withstanding, we, in all humbleness, submit to
your majesty's better judgment. For his liberty,
and the manner of his delivery, he having so many
notes of a dangerous man, we leave it to your
princely wisdom. And so, commending your
majesty to God's precious custody, we rest
Your majesty's most humble and bounden
servants, Fr. Bacon,
H. Montagu,
H. Yelverton.
S3 Jan. 1613.
TO JOHN MURRAY* OF THE BED-CHAMBER TO
THE KING.f
Mr. Murray,
1 keep the same measure in a proportion with
my master and with my friend ; which is, that I
will never deceive them in any thing, which is in
my power ; and when my power faileth my will,
I am sorry.
Monday is the day appointed for performing
his majesty's commandment. Till then I cannot
tell what to advise you farther, except it should
be this, that in case the judges should refuse to
take order in it themselves, then you must think
of some warrant to Mr. Secretary, who is your
friend, and constant in the businesses, that he see
forthwith his majesty's commandment executed,
touching the double lock; and, if need be, repair
to the place, and see by view the manner of keep-
ing the seal ; and take order, that there be no stay
for working of the seal of justice, nor no prejudice
to Killegrew's farm, nor to the duty of money
paid to the chief justice. Whether this may re-
quire your presence, as you write, that yourself
can best judge. But of this more, when we have
received the judges' answer. It is my duty, as
much as in me is, to procure my master to be
obeyed. I ever rest
Your friend and assured,
Fr. Bacon.
January 21, 1614.
I pray deliver the enclosed letter to his majesty.
7h. his very good friend Mr* John Murray, of
his majesty's bed-chamber.
• He wai created Viscount of Annan in Scotland in August
1893. Jfe/rotiatiens of Sir Thomas Roe, in hi* embassy to tks
Ottoman Porte, p. 03. In April, 1631, the Lord Annan was
created Earl of Annandale in Scotland. Ibid. p. 236.
t This and the following letters, are printed from Hart.
MSS. vol. 6066.
TO MR. MURRAY.
Mr. Murray,
My lord chancellor, yesterday in my presence,
, had before him the judges of the common pleas,
and hath performed his majesty's royal command
in a very worthy fashion, such as was fit for our
master's greatness; and because the king may
know it, I send you the enclosed. This seemeth to
have wrought the effect desired ; for presently I sent
for Sir Richard Cox,* and willed him to present
himself to my Lord Hob art, and signify his readi-
ness to attend. He came back to me, and told
me, all things went on. I know not what after-
wards may be ; but I think this long chase is at
an end. I ever rest
Yours assured,
Fr. Bacon.
January 25, 1614.
TO MR. MURRAY.
Mr., Murray,
I pray deliver the enclosed to his majesty, and
have care of the letter afterwards. I have written
also to his majesty about your reference to this
purpose, that if you can get power over the whole
tide, it may be safe for his majesty to assent, that
you may try the right upon the deed. This is the
farthest I can go. I ever rest
Yours assured,
Fr. Bacon.
February 28, 1614.
TO THE KING.
Mat it plbasb tour most excellent Majestt,
I send your majesty enclosed, a copy of our last
examination of Peacham,f taken the 10th of this
• He was one of the masters of the green cloth, and had
had a quarrel at court during the Christmas holy-days of the
year 1614, with Sir Thomas Erskine ; which quarrel was made
up by the lords of the marshal's court, Sir Richard being obliged
to put up with very foul words. MS. letter of Mr. Chamberlain
to 8ir Dudley Carleton, January 12, 1614-6.
t Edmund Peacham, a minister in Somersetshire. [MS. let-
ter of Mr. Chamberlain, dated January 5, 1614-6.] I find one
of both his names, who was instituted into the vicarage of
Ridge, in Hertfordshire, July 22, 1581, and resigned it in 1567.
[Newcourt, Reporter, vol. I. p. 864.] Mr. Peacham was com-
mitted to the Tower for inserting several treasonable passages
in a sermon never preached, nor, as Mr. Justice Coke remarks
in his Reports during the reign of King Charles 1., p. 125, ever
intended to be preached. Mr. Chamberlain, in a letter of the 9th
of February, 1614-5, to Sir Dudley Carleton, mentions Mr.
Peacham's having been w stretched already, though he be an
old man, and, they say, much above threescore : but they
could wring nothing out of him more than they had at first ill
his papers. Yet the king is extremely incensed against him,
and will have him prosecuted to the utmost." In another
' letter, dated February 23, we are informed, that the king,
since his coming to London on the 15th, had had " the opinion
; of the judges severally in Peacham's ease; and it li said, that
'•■ most of them concur to find it treason : yet my Lord Chief
> Justice [Coke] is for the contrary ; and if the Lord Hobs rt, that
513
LETTERS RELATING TO LEGAL PROCEEDINGS.
present; whereby your majesty may perceive,
that this miscreant wretch goeth back from all,
and denieth his hand and all. No doubt, being
fully of belief, that he should go presently down
to his trial, he meant now to repeat his part, which
he purposed to play in the country, which was to
deny all. But your majesty in your wisdom per-
ceiveth, that this denial of his hand, being not
possible to be counterfeited, and to be sworn by
Adams, and so oft by himself formerly confessed
and admitted, could not mend his case before any
jury in the world, but rather aggravateth it by his
notorious impudencyand falsehood, and will make
him more odious. He never deceived me; for
when others had hopes of discovery, and thought
time well spent that way, I told your majesty
" pereuntibus mille figure ;" and that he now did
but turn himself into divers shapes, to save or
delay his punishment. And, therefore, submitting
myself to your majesty's high wisdom, I think
myself bound in conscience to put your majesty
in remembrance, whether Sir John Sydenham*
shall be detained upon this man's impeaching, in
whom there is no truth. Notwithstanding, that
farther inquiry be made of this other Peacham,
and that information and light be taken from Mr.
Pouletf and his servants, I hold it, as things are,
necessary.
God preserve your majesty.
Your majesty's most humble
and devoted subject and servant,
Fr. Bacon.
March 12, 1614.
rides the western circuit, can be drawn to jump with hit col-
league, the chief baron, [Tanfield,] it is thought he shall be sent
down to be tried, and trussed up in Somersetshire." In a
letter of the 3d of March, 1614-5, Mr. Chamberlain writes,
•*Peacham*s trial at the western assizes is put off, and his
Journey stayed, though Sir Randall Crew, the king's Serjeant,
and Sir Henry Yelverton, the solicitor, were ready to go to
horse to have waited on him there." " Peacham, the minister,
adds he in a Utter of the 13/ A of July, 1615, that hath been this
twelvemonth in the Tower, is sent down to be tried for
treason in Somersetshire before the Lord Chief Baron, and
Sir rfrnry Montagu, the recorder. The Lord Hobart gave
over that circuit the last assises. Sir Randall Crew and 8ir
Henry Yelverton, the king's Serjeant and solicitor, are sent
down to prosecute the trial." The event of this trial, wbi< h
was on the 7th of August, appears from Mr. Chati.bcrlatn's
letter of the 14th of that month, wherein it is aaid, that " seven
knights were taken from the bench, and appointed to be of the
jury. He defended himself very simply, but obstinately and
doggedly enough. But his offence was so foul and scandalous,
that he was condemned of high treason ; yet not hitherto
executed, nor perhaps shall be, if be have the grace to submit
himself, and show some remorse." He died, as appears from
another letter of the 27th of March, 1616, in the jail at Taumon,
where he was said to have " left behind a most wicked and
desperate writing, worse than that be was convicted for."
* He bad been confronted about the end of February, or be-
ginning of March, 1614-6, with Mr. Peacham, about certain
speeches, which had formerly passed between them. M8.
letter of Mr. Chamberlain to Sir Dudley Carleton, from Lon-
don, March 3, 1614-6.
t John Poulct, Esq. ; knight of the shire for the county of
Somerset, In the parliament which met April 5, 1614. He
was created Lord Pouiet of Hentoa St. George, Jane 38, :
16T7. 1
SUPPLEMENT OF TWO PASSAGES OMITTED
IN THE EDITION OF SIR FRANCIS BACON'S
SPEECH IN THE KING'S BENCH, AGAINST
OWEN,* AS PRINTED IN HIS WORKS.
Jfter the worth [it u bottomltm] in the paragraph
beginning [for the treoton iUeJf, which u tkt
tecondpointf e/c.,] add
[I said in the beginning, that this treason, ii
the nature of it, was old. It is not of the treasons,
whereof it maj be said, " from the beginning it
was not so." You are indicted, Owen, not upon
any statute made against the pope's supremacy,
or other matters, that have reference to religion;
but merely upon that law, which was born wita
the kingdom, and was law even in superstitious
times, when the pope was received. The com-
passing and imagining of the king's death was
treason. The statute of the 25th of Edward III.,
which was but declaratory, begins with this
article, as the capital of capitals in treason, and
of all others the most odious and the most peril-
ous.] And so the civil law, etc.
At the conclusion of his speech, after the words,
[" the Duke of Anjou and the Papists,"] add
[As for subjects, I see not, or ever could dis-
cern, but that by infallible consequence, it is the
case of all subjects and people, as well as of
kings ; for it is all one reason, that a bishop, upoa
an excommunication of a private man, may gits
his lands and goods in spoil, or cause him to bs
slaughtered, as for the pope to do it towards a
king; and for a bishop to absolve the son from
duty to the rather, as for the pope to absolve tbt
subject from his allegiance to his king. And this
is not my inference, but the very affirmative of
Pope Urban the Second, who in a brief to God-
frey, Bishop of Luca, hath these very words,
which Cardinal Baronius reciteth in his Annals,
torn. xi. p. 802. " Non illos homicidas arbitra-
mur, qui ad versus excomraunicatos selo catho-
lics; raatri8 ardentes eorum quoslibet trucidut
contigerit," speaking generally of all excommu-
nications.]
TO THE KING.t
It mat please tour excellent Majesty,
I received this very day, in the forenoon, your
majesty's several directions touching your cause
* He was of the family of that name at Godstow, hi
Oxfordshire. [Camdeni AnnaU* JUgit JaesM /. p. *.] Ha
was a young roan, who had been in Spain ; and was coa>
denined at the King's Bench, on Wednesday, May 17, 161S,
" for divers roost vile and traitorous speeches confessed aad
subscribed with his own hand ; as, among others, that h was
as lawful for any man to kill a king excommunicated, as ft*
the hangman to execute a condemned person. He could say
little for himself, or in maintenance of his desperate positkas,
but only that he meant it not by the king, and he holds kna
not excommunicated." M8. letter of Mr. Chamberlain to Mr
Dudley Carleton, from London, May SO, 1615.
t Hail. M8S. Vol. 6060.
LETTERS RELATING TO LEGAL PROCEEDINGS.
519
ated by my Lord Hunsdon* as your farmer.
first direction was by Sir Christopher Par- !
bat the day appointed for the judicial sen-
ihould hold : and, if my lord chief justice,
ay repair to him, should let me know, that
Id not be present, then my lord chancellor
. proceed, calling to hira my Lord Hob art,
, be should be excepted to ; and then some
Judge by consent. For the latter part of
our direction, I suppose, there would have
10 difficulty in admitting my Lord Hob art;
K he had assisted at so many hearings, it
have been too late to except to him. But
rour majesty's second and later direction,
was delivered unto me from the Earl of
el9 as by word of mouth, but so as he had
vn a remembrance thereof in writing freshly
to signification of his pleasure, was to this
that before any proceeding in the chancery,
should be a conference had between my
nncelior, ray lord chief justice, and myself,
our majesty's interest might be secured.
later direction I acquainted my lord chan-
with; and finding an impossibility, that
inference should be had before to-morrow,
ri thought good, that the day be put over,
' no occasion thereof other than this, that
rase of so great weight it was fit for him to
with his assistants, before he gave any
or final order. After such a time as I hare
rod with my lords, according to your
indment, I will give your majesty account
•peed of the conclusion of that confer-
ther, I think fit to let your majesty know,
i my opinion I hold it a fit time to proceed
business of the " Rege inconsulto," which
minted for Monday. I did think these
r causes would have come to period or
sooner : but now they are in the height, and
re so great a matter as this of the " Rege
mlto" handled, when men do " aliud agere,"
c it no proper time. Besides, your majesty
j great wisdom knoweth, that this business
Murray's is somewhat against the stream
judge's inclination : and it is no part of a
I mariner to sail on against a tide, when
lo is at strongest. If your majesty be
d to write to my Lord Coke, that you
have the business of the "Rege incon-
reoeive a hearing, when he should be
to sedato et libero," and not in the midst of
riduous and incessant cares and industries
sr practices, I think your majesty shall do
ervice right. Howsoerer, I will be provided
it the day.
m praying God for your happy preserva-
a Carey, Baron of Honsdon. He died In April,
« II.— 65
tion, whereof God giveth you so many great
pledges,
I rest your majesty's most humble
and devoted subject and servant.
Fa. Bacon.
November 17, 1615.
Innovation* introduced into the law* and govern-
ment.*
1. The ecclesiastical
commission.
9. Against the provin-
cial councils.
3. Against the Star
Chamber, for levying
damages.
4. Against the admi-
ralty.
In this be prevailed,
and the commission was
pared, and namely the
point of alimony left
out, whereby wives are
left wholly to the ty-
ranny of their husbands.
This point, and soma
others, may require a
review, and is fit to bo
restored to the commis-
sion.
In this he prevaileth
in such sort, as thepre-
cecents are continually
suitors for the enlarge-
ment of the instructions,
sometimes in one pointy
sometimes in another;
and the jurisdictions
grow into contempt,
and more would, if the
lord chancellor did not
strengthen them by in-
junctions, where they
exceed not their instruc-
tions.
• In this he was over-
ruled by the sentence
of the court ; but he bent
all his strength and wits
to have prevailed ; and
so. did the other judges
by long and laborious
arguments : and if they
bad prevailed, the au-
thority of the court bad
been overthrown. But
the plurality of the
court toook more re-
gard to their own pre-
cedents, than to the
judges9 opinion.
In this he prevaileth,
for prohibitions fly con-
tinually ; and many
times are cause of long
• This paper wme evidently detffned ■fmlaat the Lord Chief
Jottke Coke.
514
LETTERS RELATING TO LEGAL PROCEEDINGS.
5. Against the court of
the duchy of Lancas-
ter prohibitions go;
and the like may do
to the court of wards
and exchequer.
6. Against the court of
requests.
7. Against the chancery
for decrees after judg-
ment.
8. Praemunire for suits
in the chancery.
9. Disputed in the com-
mon pleas, whether
that court may grant
a prohibition to stay
suits in the chancery,
and time given to
search for precedents.
10. Against the new
boroughs in Ireland.
11. Against the writs
"Dom. Rege incon-
snlto."
19. Against contribu-
tion, that it was not
suits, to the discontent |
of foreign ambassadors,
and the king's disho-
nour and trouble by
their remonstrances.
This is new, and
would be forthwith re-
strained, and the others
settled.
In this he prevaileth ;
and this but lately
brought in question.
In this his majesty
hath made an establish-
ment : and he hath not
prevailed, but made a
great noise and trouble.
This his majesty hath
also established, being
a strange attempt to
make the chancellor sit
under a hatchet, instead
of the king's arms.
This was but a brave-
ry, and dieth of itself,
especially the authority
of the chancery by his
majesty's late proceed-
ings being so well es-
tablished.
This in good time was
overruled by the voice
of eight judges of ten,
after they had heard
your attorney. And had
it prevailed, it had over-
thrown the parliament
of Ireland, which would
have been imputed to a
fear in this state to have
proceeded ; and so his
majesty's authority and
reputation lost in that
kingdom.
This is yet " sub ju-
dice :" but if it should
prevail, it maketh the
judges absolute over
the patents of the king,
be they of power and
profit, contrary to the
ancient and ever con-
tinued law of the crown,
which doth call those
causes before the king
himself, as he is repre-
sented in chancery.
In this he prevailed,
and gave opinion, that
law neither to levy it,
nor to move for it.
13. Peacham's case.
14. Owen's case.
15. The value of bene-
fices not to be ac-
cording to the tax
in the king's book of
taxes.
16. Suits for legacies
ought to be in their
proper dioceses, and
not in the preroga-
tive court; although
the will be proved
in the prerogative
court upon "bona
the king by his great
seal could not so much
as move any his sub-
jects for benevolence.
But this he retracted
after in the Star Cham-
ber; but it marred the
benevolence in the mean
time.
In this, for as much
as in him was, and in
the court of king's
bench, he prevailed,
though it was holpen
by the good service of
others. But die opinion
which he held, amount-
ed in effect to this, that
no word of scandal or
defamation, importing
that the king was utter-
ly unable or unworthy
to govern, were treason,
except they disabled
his title, etc.
In this we prevailed
with him to give opi-
nion it was treason : but
then it was upon a con-
ceit of his own, that
was no less dangerous,
than if he had given
his opinion against the
king: for he proclaim-
ed the king excommu-
nicated in respect of
the anniversary bulls
of "Ccena Domini,"
which was to expose
his person to the fury
of any jesuited con-
spirator.
By this the intent of
the statute of 91 Henry
VIII., is frustrated; for
there is no benefice of
so small an improved
value as SL by that
kind of rating. For
this the judges may be
assembled in the ex-
chequer for a confer-
ence.
The practice hath
gone against this; and
it is fit, the suit be
where the probate is.
And this served but to
put a pique between the
archbishops' courts and
the bishops'courts. This
LETTERS RELATING TO LEGAL PROCEEDINGS.
515
notabilia" in several
dioceses, commen-
dams, etc
may be again propoun-
ed upon a conference
of the judges.
SIR FRANCIS BACON TO SIR GEORGE
VILLIERS.
Touching the examination of Sir Robert Cotton
upon some information of Sir John Digby.*
I received your letter yesterday towards the
evening, being the 8th of this present, together
with the interrogatory included, which his ma-
jesty hath framed, not only with a great deal of
judgment what to interrogate, but in a wise and
apt order ; for I do find that the degrees of ques-
tions are of great efficacy in examination. I re-
ceived also notice and direction by your letter,
that Sir Robert Cotton was first thoroughly to be
examined ; which indeed was a thing most ne-
cessary to begin with ; and that for that pur-
pose Sir John Digby was to inform my lord
chancellor of such points, as he conceived to be
material ; and that I likewise should take a full
account for my lord chief justice of all Sir Robert
Cotton's precedent examinations. It was my part
then to take care, that that, which his majesty
had so well directed and expressed, should be
accordingly performed without loss of time. For
which purpose, having soon after the receipt of
your letter received a letter from my lord chancel-
lor, that he appointed Sir John Digby to be with
him at two of the clock in the afternoon, as this
day, and required my presence, I spent the mean
time, being this forenoon, in receiving the prece-
dent examinations of Sir Robert Cotton from my
lord chief justice, and perusing of them ; and
accordingly attended my lord chancellor at the
hour appointed, where I found Sir John Digby.
At this meeting it was the endeavour of my
lord chancellor and myself to take such light
from Sir John Digby, as might evidence first the
examination of Sir Robert Cotton ; and then to
the many examinations of Somerset; wherein we
found Sir John Digby ready and willing to dis-
cover unto us what he knew ; and he had also, by
the lord chancellor's direction, prepared some
heads of examination in writing for Sir Robert
Cotton ; of all which use shall be made for his
• Secretary Wlnwood, In a private letter to 8ir Thomaa
Edmondes, printed In the Historical View of tks Negotiations
between Iks Courts of England, France, and Brussels, p. 392,
mention!, that there wai great expectation, that Sir John
Digby, jutt then returned from Spain, where he had been am-
bassador, could charge the Earl of Somerset with some treasons
and plots with Spain. «« To the king,' » adds Sir Ralph, " as yet
he hath used no other language, but that, having served in a
place of honour, it would ill become him to be an accuser.
Legally or criminally he can say nothing : yet this he says
and hath written, that all bis private despatches, wherein be
most discovered the practices of 8 pain, and their intelligences,
were presently sent into Spain ; which could not be but by
the treachery of Somerset."
majesty's service, as is fit. Howbeit, for so much
as did concern the practice of conveying the
prince into Spain, or the Spanish pensions, he
was somewhat reserved upon this ground, that
they were things his majesty knew, and things,
which by some former commandment from his
majesty he was restrained to keep in silence, and
that he conceived they could be no ways applied
to Somerset Wherefore it was not fit to press
him beyond that, which he conceived to be his
warrant, before we had known his majesty's
farther pleasure ; which I pray you return unto
us with all convenient speed. I for my part am
in no appetite for secrets ; but, nevertheless, see-
ing his majesty's great trust towards me, wherein I
shall never deceive him; and that I find the
chancellor of the same opinion, I do think it were
good my lord chancellor chiefly and myself were
made acquainted with the persons and the parti-
culars ; not only because it may import his ma-
jesty's service otherwise, but also because to my
understanding, for therein I do not much rely
upon Sir John Digby's judgment, it may have a
great connection with the examination of Somer-
set, considering his mercenary nature, his great
undertaking for Spain in the match, and his
favour with his majesty ; and therefore the circum-
stances of other pensions given cannot but tend
to discover whether he were pensioner or no.
But herein no time is lost ; for my lord chan-
cellor, who is willing, even beyond his strength,
to lose no moment for his majesty's service, hath
appointed me to attend him Thursday morning for
the examination of Sir Robert Cotton, leaving to-
morrow for council-business to my lord, and to
me for considering of fit articles for Sir Robert
Cotton.
10 April, 1616.
SIR FRANCIS BACON TO THE JUDGES.
Mv Lord,
It is the king's express pleasure, that because
his majesty's time would not serve to have con-
ference with your lordship and his judges touch-
ing his cause of commendams at his last being in
town, in regard of his majesty's other most
weighty occasions; and for that his majesty
holdeth it necessary, upon the report, which my
Lord of Winchester, who was present at the last
argument by his majesty's royal commandment,
made to his majesty, that his majesty be first con-
sulted with, ere there be any further proceeding
by argument by any of the judges or otherwise :
Therefore, that the day appointed for the farther
proceeding by argument of the judges in that case
be put off till his majesty's farther pleasure be
known upon consulting him; and to that end,
that your lordship forthwith signify his command-
ment to the rest of the judges; whereof your
516
LETTERS RELATING TO THE EARL OF SOMERSET.
lordship may not fail. And so I leave your lord-
ship to God's goodness.
Your loving friend to command,
Fb. Bacon.
Tbii Thursday, at afternoon,
the S3Ui of April, 1016.
QUESTIONS LEGAL FOR THE JUDGES [IN THE
CASE OF THE EARL AND COUNTESS OF
SOMERSET.*]
Whether the axe is to he carried before the pri-
soner, being in the case of felony ?
Whether, if the lady make any digression to
clear his lovdship, she is not by the lord steward
to be interrupted and silenced ?
Whether, if my Lord of Somerset should break
forth into any speech of taxing the king, he be
not presently by the lord steward to be inter-
rupted and silenced ; and, if he persist, he be not
to be told, that if he take that course, he is to be
withdrawn, and evidence to be given in his ab-
sence? And whether that may be; and what
else to be done ?
Whether, if there should be twelve votes to con-
demn, and twelve or thirteen to acquit, it be not
a verdict for the king?
QUESTIONS OF CONVENIENCE, WHEREUPON
HIS MAJESTY MAT CONFER WITH SOME OF
HIS COUNCIL.
Whether, if Somerset confess at any time be-
fore his trial, his majesty shall stay trial in respect
of farther examination concerning practice of trea-
son, as the death of the late prince, the conveying
into Spain of the now prince, or the like ; for till
ha confess the less crime, there is [no] likelihood
of confessing the greater ?
Whether, if the trial upon that reason shall be
put off, it shall be discharged privately by dis-
solving the commission, or discharging the sum-
mons ? Or, whether it shall not be done in open
court, the peers being met, and the solemnity and
celebrity preserved ; and that with some declara-
tion of the cause of putting off the farther pro-
ceeding 1
Whether the days of her trial and his shall bo
immediate, as it is now appointed ; or a day be-
tween, to see if, after condemnation, the lady
will confess of this lord ; which done, there is no
doubt but he will confess of himself?
Whether his trial shall not be set first, and hers
after, because then any conceit, which may be
wrought by her clearing of him, may be prevented ;
* Se« ante, page 311.
and it may be he will be in the better temper,
hoping of his own clearing, and of her respiting 1
What shall be the days ; for Thursday and Fri-
day can hardly hold in respect of the summons;
and it may be as well Friday and Saturday, or
Monday and Tuesday, as London makes it
already ?
A PARTICULAR REMEMBRANCE FOR HIS
MAJESTY.
It were good, that after he is come into the
Hall, so that he may perceive he must go to trial,
and shall be retired into the place appointed, till
the court call for him, then the lieutenant should
tell him roundly, that if in his speeches he shall
tax the king,* that the justice of England is, that
he shall be taken away, and the evidence shall go
on without him ; and then all the people will cry
" away with him ;" and then it shall not be in
the king's will to save his life, the people will be
so set on fire.
Endorsed,
Memorial touching the course to he had in my
Lord of Someneft arraignment.
THE HEADS OF THE CHARGE AGAINST ROBERT,
EARL OF SOMERSET.
Apostyle of the
king.
Ye will doe well First it is meant, that So-
to remember lyke- rnerset shall not be charged
wayet in your with ariy Mng Dy ^y of ^
%** t&tthtoZ &ravation» otherwise than as
?yg7eal to jJZ ™nduceth to the proof of the
makeih me take impoisonroent.
this course. 1 have For the proofs themselves,
commandit you they are distributed into four :
♦ The kinjr's apprehension of being; taxed by the Earl of
Somerset on his trial, though for what is not known, accounts
in some measure for his majesty's extreme uneasiness of
mind till that trial was over, and for the management used by
Sir Francis Bacon in particular, as appears from his letters, |o
prevail upon the earl to submit to be tried, and to keep him hi
temper during his trial, lest **, as the king expressed it m aa
apostile on Sir Francis's letter of the 28th of April, 1616, upon
the one part commit unpardonable error*, and I on tke other
sum to punish him in tke spirit of revenge. See more on this
subject in Mr. Mallet's Life of the Lord Chancellor Bacon* who
closes his remarks with a reference to a letter of Somerset to
the king, printed in the Cabala, and written in a high style
of expostulation, and showing, through the affected obscurity
of some expressions, that there was an important secret in Ids
keeping, of which his majesty dreaded a discovery. The earl
and his lady were released from their confinement in the
Tower in January, 1021-2, the latter dying August 23, 1632,
leaving one daughter, Anne, then sixteen years of age, after-
wards married to William, Lord Russet, afterwards earl, and
at last Duke of Bedford. The Earl of Somerset survived bh
lady several years, and died in July, 1645, being interred on
the 17th of that month in the church of St. Paul's, Govt*
Garden.
LETTERS RELATING TO THE EARL OF SOMERSET.
517
not to expatiate, The first to prove the ma-
nor di great upon lice, which Somerset bore to
any other points, Overbury, which was the mo-
rtal may etio/jmrc tfve and ground of the im-
dearUeforproba- poisonment.
tionorinducement The 8ec0IMi i8 to prove the
tf [*<** point, preparations unto the im-
quhatrof he is ac- poi80nmentt by plotting his
CU9e * imprisonment, placing his
keepers, stopping access of
v friends, etc.
The third is the acts of the
impoisonments themselves.
And the fourth is acts sub-
sequent, which do vehement-
ly argue him to be guilty of
the impoi8onment.
For the first two heads, upon conference, where-
nnto I called Serjeant Montagu and Serjeant Crew,
1 have taken them two heads to myself; the third
I have allotted to Serjeant Montagu ; and the fourth
to Serjeant Crew.
In the first of these, to my understanding, is the
only tenderness : for on the one side, it is most
necessary to lay a foundation, that the malice was
a deep malice, mixed with fear, and not only
matter of revenge upon his lordship's quarrel ; for
"periculum periculo vincitur;" and the malice
roust have a proportion to the effect of it, which
was the impoisonment : so that if this foundation
be not laid, all the evidence is weakened.
On the other side, if I charge him, or would
charge him, by way of aggravation, with matters
tending to disloyalty or treason, then he is like
to grow desperate.
Therefore I shall now set down perspicuously
what course I mean to hold, that your majesty
may be pleased to direct and correct it, preserving
the strength of the evidence : and this I shall now
do, but shortly and without ornament.
First, I shall read some passages of Overbury's
letters, namely these : " Is this the fruit of nine
years9 love, common secrets, and common dan-
gers 1" In another letter : " Do not drive me to
extremity to do that, which you and I shall be
sorry for." In another letter : " Can you forget
him, between whom such secrets of all kinds
have passed t" etc.
Then will I produce Simcock, who deposeth
from Weston's speech, that Somerset told Wes-
ton, that, "if ever Overbury came out of prison,
one of them must die for it."
Then I will say what these secrets were. I
mean not to enter into particulars, nor to charge
him with disloyalty, because he stands to be tried
for his life upon another crime. But yet by some
taste, that I shall give to the peers in general,
they may conceive of what nature those secrets
may be. Wherein I will take it for a thing
notorious, that Overbury was a man, that always
carried himself insolently, both towards the queen,
and towards the late prince : that he was a man,
that carried Somerset on in courses separate and
opposite to the privy council : that he was a man
of nature fit to be an incendiary of a state : full
of bitterness and wildness of speech and project:
that he was thought also lately to govern Somer-
set, insomuch that in his own letters he vaunted,
"that from him proceeded Somerset's fortune,
credit, and understanding."
This course I mean to run in a kind of gene-
rality, putting the imputations rather upon Ovt r-
bury than Somerset; and applying it, that such
a nature was like to hatch dangerous secrets and
practices. I mean to show likewise what jargons
there were and ciphers between them, which are
great badges of secrets of estate, and used either
by princes and their ministers of state, or by such
as practise against princes. That your majesty
was called Julius in respect of your empire ; the
queen Jigrippina, though Somerset now saith it
was Liviay and that my Lady of Suffolk was
Jigrippina ; the Bishop of Canterbury Unctius ,•
Northampton, Dominie ; Suffolk, first Lerma, after
Wohey t and many others ; so as it appears they
made a play both of your court and kingdom ; and
that their imaginations wrought upon the greatest
men and matters.
Neither will I omit Somerset's breach of trust
to your majesty, in trusting Overbury with all the
despatches, things, wherewith your council of
estate itself was not many times privy or ac-
quainted ; and yet, this man must be admitted to
them, not cursorily, or by glimpses, but to have
them by him, to copy them, to register them, to
table them, etc.
Apostyle of the
king.
This evidence I shall also give in evidence,
cannot be given in in this place, the slight account
without making of that letter, which was
me hit accuser, brought to Somerset by Ash-
and that upon ton, being found in the fields
a very slight 800n after the late prince's
ground. As for death, and was directed to
all the subsequent AntWerp, containing these
evidences, they are word8? 4tthat the firet branch
allsoKttleevident, wag ^ from the ^ and
as una htura may ^ ^ ghould ^ j gend
serve thatme all. , , . * ,, ® . ,,
happier and joy fuller news."
Which is a matter I would
not use, but that my Lord
Coke, who hath filled this part
with many frivolous things,
would think all lost, except
he hear somewhat of this kind.
But, this it is to come to the
leavings of a business.
Nothing to So- And, for the rest of that
merset, and de- kind, as to speak of that par-
9X
*18
LETTERS RELATING TO THE EARL OF SOMERSET.
dared by Frank- ticular, that Mrs. Turner did
Un after con- at Whitehall show to Franklin
demnation. the man, who, as he said, poi-
soned the prince, which, he
says, was a physician with a
red beard.
Nothing to So- That there was a little pic-
merset, and a ture of a young man in white
loot conjecture. wax, left by Mrs. Turner with
Forman the conjurer, which
my Lord Coke doubted was
the prince.
No better than That the Viceroy of the
a gazette* or pas- Indies at Goa reported to an
•age of Gallo English factor, that Prince
Belgicus. Henry came to an untimely
death by a mistress of his.
Nothing yet That Somerset with others,
proved against would have preferred Lowbell
Lowbell. the apothecary to Prince
Charles.
Nothing to So- That the countess laboured
mtrset. Forman and Gresham, the
conjure re, to enforce the queen
by witchcraft to favour the
countess.
• Declared by That the countess told
Franklin after Franklin, that when the queen
condemnation. died, Somerset should have
Somerset House.
„ Nothing to So- That Northampton said,
"tenet, the prince, if ever he came to
reign, would prove a tyrant.
Nothing to So- That Franklin was moved
mertet. by the countess to go to the
Palsgrave, and should be fur-
nished with money.
The particular reasons, why I omit them, I
have set in the margin ; but the general is partly
to do a kind of right to justice, and such a solemn
trial, in not giving that in evidence, which touches
not the delinquent, or is not of weight ; and partly
to observe your majesty's direction, to give So-
merset no just occasion of despair or flushes.
But, I pray your majesty to pardon me, that I
have troubled your majesty with repeating them,
lest you should hear hereafter, that Mr. Attorney
hath omitted divers material parts of the evidence.
Endorsed,
Somerset*! business and charge, with his majesty* s
postiles.
TO SIR GEORGE VILLIERS.
Sir,
Your man made good haste ; for he was with
me yesterday about ten of the clock in the fore-
noon. Since I held him.
The reason, why I set so small a distance of
time between the use of the little charm, or, as
his majesty better terms it, " the evangile,"* and
the day of his trialf notwithstanding his majesty's
being so far off, as advertisement of success and
order thereupon could not go and come between,
was chiefly, for that his majesty, from whom the
overture of that first moved, did write but a few
hours, that this should be done, which I turned
into days. Secondly, because the hope I had of
effect by that mean, was rather of attempting hiin
at his arraignment, than of confession before his
arraignment. But I submit it to his majesty's
better judgment.
The person, by your first description, which
was without name, I thought had been meant of
Packer :% but now perceive it is another, to me
unknown, but, as it seemeth, very fit. I doubt
not but he came with sufficient warrant to Mr.
Lieutenant to have access. In this I have no
more to do, but to expect to hear from his majesty
how this worketh.
The letter from his majesty to myself and the
Serjeants I have received, such as I wished ; and
I will speak with the commissioners, that he may,
by the lieutenant, understand his majesty's care
of him, and the tokens herein of his majesty's
compassion towards him.
I ever had a purpose to make use of that cir-
cumstance, that Overbury, the person murdered,
was his majesty's prisoner in the Tower; which
indeed is a strong pressure of his majesty's
justice. For Overbury is the first prisoner mur-
dered in the Tower, since the murder of the young
princes by Richard the Third, the tyrant.
I would not trouble his majesty with any points
of preamble, nor of the evidence itself, more than
that part nakedly, wherein was the tenderness, in
which I am glad his majesty, by his postils, which
he returned to me, approveth my judgment.
Now I am warranted, I will not stick to say
openly, I am commanded, not to exasperate, nor
to aggravate the matter in question of the impri-
sonment with any other collateral charge of dis-
loyalty, or otherwise ; wherein, besides his
majesty's principal intention, there will be some
use to save the former bruits of Spanish matters.
There is a direction given to Mr. Lieutenant
by my lord chancellor and myself, that as yester-
day Mr. Whiting§ the preacher, a discreet man,
and one that was used to Helwisse, should preach
* Cicero, Epist. ad Attlcum, Lib. XlTl. Ep. 40, uses thif
word, siayyiXta ; which signifies both food news, and ibe
reward given to him who brings good newt. See Lib. II.
Epist. 3.
f The Earl of Somerset's.
X John, of whom there are several letters in Win wood's
Memorial*, vol. II.
$ John Whiting, D. D. rector of St. Martin Vintry, in Lon-
don, and Vicar of East-Ham in Essex, prebendary of Eald*
street in the church of St. Paul's, and chaplain to King James
I. He attended 8ir Gervase Helwisse, who had been Lien*
tenant of the Tower, at his execution upon Tower-Hill, on
Monday the 20th of November, 1015, for the murder of Sir
Thomas Overbury
LETTERS RELATING TO LEGAL SUBJECTS.
510
before the lady,* and teach her, and move her
generally to a clear confession. That ailber the
same preacher should speak as much to him at his
going away in private : and so proof to be made,
whether this good mean, and the last night's
thoughts, will produce any thing. And that this
day the lieutenant should declare to her the time
of her trial, and likewise of his trial, and persuade
her, not only upon Christian duty, but as good
for them both, that she deal clearly touching him,
whereof no use can be made, nor need to be
made, for evidence, but much use may be made
for their comfort.
It is thought, at the day of her trial the lady
will confess the indictment ; which if she do, no
evidence ought to be given. But because it shall
not be a dumb show, and for his majesty's honour
in so solemn an assembly, I purpose to make a
declaration of the proceedings of this great work
of justice, from the beginning to the end, where-
in, nevertheless, I will be careful no ways to
prevent or discover the evidence of the next day.
In this my lord chancellor and I have likewise
used a point of providence: for I did forecast,
that if in that narrative, by the connection of
things, any thing should be spoken, that should
show him guilty, she might break forth into
passionate protestations for his clearing ; which,
though it may be justly made light of, yet it is
better avoided. Therefore my lord chancellor and
I have devised, that upon the entrance into that
declaration she shall, in respect of her weakness,
and not to add farther affliction, be withdrawn.
It is impossible, neither is it needful, for me,
to express all the particulars of my care in this
business. But I divide myself into all cogitations
as far as I can foresee ; being very glad to find,
that his majesty doth not only accept well of my
care and advices, but that he applieth his direc-
tions so fitly, as guideth me from time to time.
I have received the commissions signed.
I am not forgetful of the goods and estate of
Somerset, as far as is seasonable to inquire at this
time. My Lord Coke taketh upon him to answer
for the jewels, being the chief part of his move-
able value: and this, I think, is done with his
majesty '8 privity. But my Lord Coke is a good
man to answer for it.
God ever preserve and prosper you. 1 rest
Your true and devoted servant,
Fit. Bacon.
May 10, Friday, at 7 of the clock
in the morning, [1010.]
TO THE KING.t
Mat it pliase tour most excellent Majesty,
I do very much thank your majesty for your
letter, and think myself much honoured by it.
• Frances, Countess of Somerset.
♦ This letter appears, from the endorsement of the king's
For though it contain some matter of dislike, in
which respect it hath grieved me more than any
event, which hath fallen out in my life ; yet be-
cause I know reprehensions from the best masters
to the best servants are necessary; and that no
chastisement is pleasant for the time, but yet
worketh good effects; and for that I find inter-
mixed some passages of trust and grace; and
find also in myself inwardly sincerity of inten-
tion, and conformity of will, howsoever I may
have erred ; I do not a little comfort myself, rest-
ing upon your majesty's accustomed favour ; and
most humbly desiring, that any one of my parti-
cular notions may be expounded by the constant
and direct course, which, your majesty knoweth,
I have ever held in your service.
And because it hath pleased your majesty, of
your singular grace and favour, to write fully and
freely unto me ; it is duty and decorum in me not
to write shortly to your majesty again, but with
some length ; not so much by way of defence or
answer, which yet, I know, your majesty would
always graciously admit; as to show, that I have,
as I ought, weighed every word of your majesty's
letter.
First, I do acknowledge, that this match of Sir
John Villiere is "magnum in parvo" in both
senses, that your majesty speaketh. But your
majesty perceiveth well, that I took it to be in a
farther degree, "maj us in parvo," in respect of
your service. But since your majesty biddeth
me to confide upon your act of empire, I have
done. For, as the Scripture saith, " to God all
things are possible ;" so certainly to wise kings
much is possible. But for that second sense, that
your majesty speaketh of, " magnum in parvo,'*
in respect of the stir ; albeit it being but a most
lawful and ordinary thing, I most humbly pray
your majesty to pardon me, if I signify to you,
that we here take the loud and vocal, and as I
may call it, streperous carriage to have been far
more on the other side, which indeed is inconveni-
ent, rather than the thing itself.
Now, for the manner of my affection to my
Lord of Buckingham, for whom I would spend
my life, and that which is to me more, the caret
of my life ; I must humbly confess, that it was in
this a little parent-like, this being no other term,
than his lordship hath heretofore vouchsafed to
my counsels; but in truth, and it please your
majesty, without any grain of disesteem for hit
lordship's discretion. For I know him to be
naturally a wise man, of a sound and staid wit,
as I ever said unto your majesty. And, again, I
know he hath the best tutor in Europe. But yet
I was afraid, that the height of his fortune might
make him too secure ; and as the proverb is, a
looker-on sometimes seeth more than a gamester.
answer to it, to have been written at Gorhambury, July 99,
1017. That printed with this date in his Works, should be
August % 1017, as 1 And by the original draught of it.
620
LETTERS RELATING TO LEGAL SUBJECTS.
For the particular part of a true friend, which
your majesty witnesseth, that the earl hath lately
performed towards me, in palliating some errors
of mine ; it is no new thing with me to be more
and more bound to his lordship ; and I am moat
humbly to thank, whatsoever it was, both your
majesty and him ; knowing well, that I may, and
do commit many errors, and must depend upon
your majesty's gracious countenance and favour
for them, and shall have need of such a friend
near your majesty. For I am not so ignorant of
mine own case, but that I know I am come in
with as strong an envy of some particulars, as
with the love of the general.
For my opposition to this business, which, it
seemeth, hath been informed your majesty, I
think it was meant, if it be not a thing merely
feigned, and without truth or ground, of one of
these two things ; for I will dissemble nothing
with your majesty. It is true, that in those mat-
ters, which, by your majesty's commandment and
reference, came before the table concerning Sir
Edward Coke, I was sometimes sharp, it may be
too much; but it was with end to have your
majesty's will performed; or else, when me-
thought he was more peremptory than be-
came him, in respect of the honour of the
table. It is true also, that I dislike the riot or
violence, whereof we of your council gave your
majesty advertisement by our joint letter: and I
disliked it the more, because he justified it to be
law ; which was his old song. But in that act
of council, which was made thereupon, I did not
see but all my lords were as forward as myself,
as a thing most necessary for preservation of
your peace, which had been so carefully and
firmly kept in your absence. And all this had a
fair end, irr a reconcilement made by Mr. Attor-
ney,* whereby both husband and wife and child
should have kept together. Which, if it had
continued, I am persuaded the match had been in
better and fairer forwardness, than now it is.
Now, for the times of things, I beseech your
majesty to understand that which my Lord of
Buckingham will witness with roe, that I never
had any word of letter from his lordship of the
business, till I wrote my letter of advice ; nor
again, after my letter of advice, till five weeks
alter, which was now within this sennight. So
that although I did in truth presume, that the earl
would do nothing without your majesty's privity ;
yet I was in some doubt, by this his silence of
his own mind, that he was not earnest in it, but
only was content to embrace the officious offers
and endeavours of others.
But, to conclude this point, after I had received,
by a former letter of his lordship, knowledge of
his mind, I think Sir Edward Coke himself, the
last time he was before the lords, might particu-
* Sir Henry Yelverton.
larly perceive an alteration in my carriage. And
now that your majesty hath been pleased to open
yourself to me, I shall be willing to further the
match by any thing, that shall be desired of me,
or that is in my power.
And whereas your majesty conceiveth some
dregs of spleen in me by the word " Mr. Bacon ;"
truly it was but to express in thankfulness the
comparative of my fortune unto your majesty, the
author of the latter, to show how little I needed
to fear, while I had your favour. For, I thank
God, I was never vindictive nor implacable.
As for my opinion of prejudice to your majes-
ty's service, as I touched it before, I have done ;
I do humbly acquiesce in your majesty's satisfac-
tion, and rely upon your majesty's judgment,
who unto judgment have also power, so to mingle
the elements, as may conserve the fabric.
For the interest, which I have in the mother, I
do not doubt but it was increased by this, that I
in judgment, as I then stood, affected that which
she did in passion. But I think the chief obliga-
tion was, that I stood so firmly to her in the mat-
ter of her assurance, wherein I supposed I did
your majesty service, and mentioned it in a me-
morial of council-business, as half craving thanks
for it. And sure I am now, that, and the like,
hath made Sir Edward Coke a convert, as I did
write to your majesty in my last.
For the collation of the two spirits, I shall
easily subscribe to your majesty's answer; for
Solomon were no true man, if in matter of malice
the woman should not be the superior.
To conclude, I have gone through, with the
plainness of truth, the parts of your majesty's
letter : very humbly craving pardon for troubling
your majesty so long; and most humbly praying
your majesty to continue me in your grace and
favour, which is the fruit of my life upon the
root of a good conscience. And although time in
this business have cast me upon a particular,
which, I confess, may have probable show of
passion or interest ; yet God is my witness, that
the thing, that most moved me, was an anxious
and solicitous care of your majesty's state and
service, out of consideration of the time past and
present.
God ever preserve and bless your majesty, and
send you a joyful return alter your prosperous
journey.
ADVICE TO THE KING FOR REVIVING THE
COMMISSION OF SUITS.
That, which for the present I would have
spoken with his majesty about, as a matter
wherein time may be precious, being upon the
tenderest point of all others. For, though the
particular occasion may be despised, and yet
LETTERS RELATING TO LEGAL SUBJECTS.
521
nothing ought to be despised in this kind, yet the
counsel thereupon I conceive to be most sound
and necessary, to avoid future perils.
There is an examination taken within these
few days, by Mr. Attorney, concerning one Bayn-
ton, or Baynham, for his name is not yet certain,
attested by two witnesses, that the said Baynton,
without any apparent show of being overcome
with drink, otherwise than so as might make
him less wary to keep secrets, said, that he had
been lately with the king, to petition him for
reward of service; which was denied him.
Whereupon it was twice in his mind to have kill-
ed his majesty. The man is not yet apprehend-
ed, and said by some to be mad, or half-mad ;
which, in my opinion, is not less dangerous ; for
such men commonly do most mischief; and the
manner of his speaking imported no distraction.
But the counsel I would out of my care ground
hereupon is, that his majesty would revive the
commission for suits, which hath been now for
these three years, or more, laid down. For it
may prevent any the like wicked cogitations,
which the devil may put into the mind of a roarer
or swaggerer, upon a denial : and, besides, it will
free his majesty from much importunity, and save
his coffers also. For I am sure when I was a
commissioner, in three whole years' space there
passed scarce ten suits that were allowed. And
I doubt now, upon his majesty's coming home
from this journey, he will be much troubled
with petitions and suits; which maketh me
think this remedy more seasonable. It is not
meant, that suits generally should pass that
way, but only such suits as his majesty would
be rid on.
when judgment is given, there be a faithful report
made of the reason thereof.
The accounts of the summer-circuits, as well
as that of the lent-circuit, shall be ready against
his majesty's coming. They will also be ready
with some account of their labours concerning
Sir Edward Coke's Reports.- wherein I told them
his majesty's meaning was, not to disgrace the
person, but to rectify the work, having in his
royal contemplation rather posterity than the
present.
The two points touching the peace of the middle
shires, I have put to a consult with some selected
judges.
The cause of the Egertons I have put off, and
shall presently enter into the treaty of accord, ac-
cording to hi 8 majesty's commandment, which is
well tasted abroad, in respect of his compassion
towards those ancient families.
God ever preserve and prosper your lordship,
according to the faithful and fervent wishes of
Your lordship's true friend and devoted servant,
Fr. Bacon.
York Home, October 11, 1017.
Endorsed,
September 21, 1617.
To revive the commission of suits.
TO THE LORD KEEPER.*
Mr HONOURABLE LORD,
I have delivered the judges' advice, touching
the middle shires, unto his majesty, who liketh it
very well. As for the point of law, his majesty
will consider of it at more leisure, and then send
you his opinion thereof. And so I rest
Your lordship's faithful friend and servant,
G. Buckingham.
Hrachinbroke, the 93d of Oct. 1017.
For the
king.
TO THE EARL OF BUCKINGHAM.
My vcrv good Lord,
It may please your lordship to let his majesty
understand, that I have spoken with all the judges,
signifying to them his majesty's pleasure touch-
ing the commendams. They all " una voce" did
reaffirm, that his majesty's powers, neither the
power of the crown, nor the practised power by
the archbishop, as well in the commendam " ad
recipiendum," as the commendam " ad retinen-
dum," are intended to be touched ; but that the
judgment is built upon the particular defects and
informalities of this commendam now before them.
They received with much comfort, that his ma-
jesty took so well at their hands the former stay,
and were very well content and desirous, that
Vol. II. — 66
TO THE LORD KEEPERS
Mv HONOURABLE LORD,
Understanding, that Thomas Hukeley, a mer-
chant of London, of whom I have heard a good
report, intendeth to bring before your lordship in
chancery a cause depending between him, in right
of his wife, daughter of William Austen, and one
John Horsmendon, who married another daughter
of the said Austen ; I have thought fit to desire
your lordship to give the said Thomas Hukeley a
favourable hearing when his cause shall come
before you ; and so far to respect him for my sake,
as your lordship shall see him grounded upon
equity and reason ; which is no more than, I as
sure myself, your lordship will grant readily, as
it is desired by
Your lordship's faithful friend and servant,
G. Buckingham.
Endorsed, November 17, 1617.
• Harl. MS8. vol. 7000.
9x9
tlbkt.
522
LETTERS RELATING TO LEGAL SUBJECTS.
TO THE LORD CHANCELLOR.*
Mr HONOURABLE LORD,
I have heretofore recommended unto your lord-
ship the determination of the cause between Sir
Rowland Egerton and Edward Egerton,f who, I
understand, did both agree, being before your
lordship, upon the values of the whole lands.
And as your lordship hath already made so good
an entrance into the business, I doubt not but you
will be as noble in furthering the full agreement
between the parties : w hereunto, I am informed, Sir
Rowland Egerton is very forward, offering on his
part that, which to me seemeth very reasonable,
either to divide the lands, and his adverse party to
choose ; or the other to divide, and he to choose.
Whereupon my desire to your lordship is, that
you would accordingly make a final end between
them, in making a division, and setting forth the
lands, according to the values agreed upon by the
parties themselves. Wherein, besides the chari-
table work your lordship shall do in making an
end of a controversy between those, whom name
and blood should tie together, and keep in unity,
I will acknowledge your favour as unto myself,
and will ever rest
Your lordship's faithful servant,
G. Buckingham.
Theobalds'*,
January 9, 1017.
TO SIR HENRY YELVERTON, ATTORNEY-
GENERAL.
Mr. Attorney,
Whereas, there dependeth before me in chan-
cery a great cause of tithes concerning the bene-
fices of London, though in a particular, yet, by
consequence, leading to a general ; his majesty,
out of a great religious care of the state, both of
church and city, is graciously pleased, that before
any judicial sentence be pronounced in chancery,
there be a commission directed unto me, the lord
chancellor, the lord treasurer, the lord privy-seal,
and the lord chamberlain ; and likewise to the lord
archbishop, the Lord Bishop of Winchester,^ and
the Bishop of Ely,§ and also to the master of the
rolls, || the two lord chief justices,^ Justice Dod-
deridge, and Justice Hutton, who formerly assisted
• Sir Francis Bacon had that title riven him January 4.
f Thia waa one of the causes mentioned in the charge of
the House of Commons against the Lord Bacon ; in his an-
awer to which, he acknowledged, that some daya after per-
fecting his award, which waa done with the advice and
consent of the Lord Chief Justice Hohart,and publishing it to
the parties, he reeeived 3007. of Mr. Edward Egerton, by
whom, soon after his coming to the seal, be bad likewise been
presented with 4001. in a purse.
X Dr. James Montagu.
$ Dr. Lancelot Andrews.
|| Sir Julius Cssar.
IF Sir Henry Montagu of the king's bench, and Sir Henry
Hobart of the common pleat.
me in the cause, to treat of some concord in a rea-
sonable moderation between the ministers and the
mayor and the commonalty of London in behalf
of the citizens ; and to make some pact and trans-
action between them by consent, if it may be ; or
otherwise to hear and certify their opinion touch-
ing the cause, that thereupon his majesty may
take such farther order, by directing of a proceed-
ing in chancery, or by some other course, as to his
wisdom shall seem fit.
You will have care to draw the commission
with some preface of honour to his majesty, and
likewise to insert in the beginning of the com-
mission, that it waa " de advisamento cancellarii,"
(as it was indeed,) lest it should seem to be taken
from the court. So I commit you to God's, etc.
Fr. Bacon, Cane.
Jan. 10, 1017.
TO THE LORD CHANCELLORS
Mr HONOURABLE LORD,
I thank your lordship for your favour to Sir
George Tipping, in giving liberty unto him to
make his appearance before you after the holy,
days, at my request; who, as I understand by
some friends of mine, who moved me to recom-
mend him to your lordship's favour, is willing to
conform himself in performance of the decree
made in the chancery by your lordship's prede-
cessor, but that he is persuaded, that presently,
upon the performance thereof, his son will make
away the land that shall be conveyed unto him :
which being come to Sir George from his ances-
tors, he desireth to preserve to his posterity. I
desire your lordship's farther favour therefore onto
him, that you will find out some course, how he
may be exempted from that fear of the" sale of his
lands, whereof he is ready to acknowledge a fine
to his son, and to his heirs by Anne Pigot ; and,
they failing, to his son's heirs males, and for
want thereof, to any of his son's or brethren's
heirs males, and so to the heirs general of his
father and himself, by lineal descent, and the re-
mainder to the crown. This offer, which seemeth
very reasonable, and for his majesty's ad vantage, I
desire your lordship to take into your consideration,
and to show him what favour you may for my sake ;
which I will readily acknowledge, and ever rest
Your lordship's faithful servant,
G. Buckingham.
Newmarket, Jan. S3, 1617.
TO THE LORD CHANCELLORS
Mr HONOURABLE LORD,
Understanding that there is a suit depending
before your lordship, between Sir Rowland Cot-
♦ Hart. MAS. vol. 7006.
t Hart. MSB. vot 7000,
LETTERS RELATING TO LEGAL SUBJECTS.
523
ton,* plaintiff, and Sir John Gawen, defendant, '
which is shortly to come to a hearing; and having
been likewise informed, that Sir Rowland Cotton
hath undertaken it in the behalf of certain poor
people; which charitable endeavour of his, I
assure myself, will find so good acceptation with
your lordship, that there shall be no other use of
recommendation ; yet, at the earnest request of
some friends of mine, I have thought fit to write
to your lordship in his behalf, desiring you to
show him what favour you lawfully may, and
the cause may bear, in the speedy despatch of his
business ; which I shall be ever ready to acknow-
ledge, and rest
Your lordship's most devoted to serve you,
* G. Buckingham.
Whitehall, April 20, 1616.
thereof will permit And I shall receive it at
your lordship's hands as a particular favour.
So I take my leave of your lordship, and rest
Your lordship's faithful friend and servant,
G. Buckingham.
Greenwich, June 12, 1618.
TO THE LORD CHANCELLORS
Mr HONOURABLE GOOD LORD,
Whereas, in Mr. Hansbye's cause,}: which
formerly, by my means, both his majesty and
myself recommended to your lordship's favour,
your lordship thought good, upon a hearing there-
of, to decree some part for the young gentleman,
and to refer to some masters of the chancery, for
your farther satisfaction, the examination of wit-
nesses to this point; which seemed to your lord-
ship to be the main thing your lordship doubted
of, whether or no the leases, conveyed by old
Hansbye to young Hansbye by deed, were to be
liable to the legacies, which he gave by will ; and
that now I am credibly informed, that it will
appear upon their report, and by the depositions of
witnesses, without all exception, that the said
leases are no way liable to those legacies; these
shall be earnestly to entreat your lordship, that
upon consideration of the report of the masters,
and depositions of the witnesses, you will, for
my sake, show as much favour and expedition to
young Mr. Hansbye in this cause, as the justness
* A gentleman eminent for his learning, especially in the
Hebrew language, in which he had been instructed by the
famous Hugh Broughton, who died in 1612. He was son of
Mr. William Cotton, citizen and draper of London, and had
an estate at Bellaport in Shropshire, where he resided, till
he came to live at London at the request of Sir Allen Cotton,
his father's younger brother, who was lord mayor of that
city in 1633. 8ir Rowland was the first patron of the learned
Dr. Lightfi.ot, and encouraged him in the prosecution of his
studies of the Hebrew language and antiquities
tnarl. MAS. vol.7006.
t This seems to be one of the causes, on account of which
Lord Bacon was afterwards accused by the House of Com-
mons ; in answer to whose charge he admits, that in the
enure of Sir Ralph Hansbye there being two decrees, one for
the inheritance, and the other for goods and chattels; some
t:me after the first decree, and before the second, there waa
500/ delivered to him by Mr. Tobie Matthew ; nor could his
lordship deny, that ibis waa upon the matter "pendente
lite."
TO THE LORD CHANCELLOR.*
My honourable Lord,
Understanding, that the cause depending in the
chancery between the Lady Vernon and the offi-
cers of his majesty's household is now ready for
decree; though I doubt not, but, as his majesty
hath been satisfied of the equity of the cause on
his officers' behalf, who have undergone the busi-
ness, by his majesty's command, your lordship
will also find their cause worthy of your favour :
yet, I have thought fit once again to recommend
it to your lordship, desiring you to give them a
speedy end of it, that both his majesty may be
freed from farther importunity, and they from the
charge and trouble of following it: which I will
be ever ready to acknowledge as a favour done
unto myself, and always rest
Your lordship's faithful friend and servant,
G. Buckingham.
Greenwich, June 15, 1618.
TO THE LORD CHANCELLORS
My honourable Lord,
I wrote unto your lordship lately in the behalf
of Sir Rowland Cotton, that then had a suit in
dependence before your lordship and the rest of
my lord 8 in the Star Chamber. The cause, I
understand, hath gone contrary to his expectation ;
yet, he acknowledges himself much bound to your
lordship for the noble and patient hearing he did
then receive; and he rests satisfied, and I much
beholden to your lordship, for any favour it pleased
your lordship to afford him for my cause. It now
rests only in your lordship's power for the as-
sessing of costs ; which, because, I am certainly
informed, Sir Rowland Cotton had just cause of
complaint, I hope your lordship will not give any
against him. And I do the rather move your
lordship to respect him in it, because it concerns
him in his reputation, which I know he tenders,
and not the money which might be imposed upon
him ; which can be but a trifle. Thus presuming
of your lordship's favour herein, which I shall be
ready ever to account to your lordship for, I rest
Your lordship's most devoted to serve you,
G. Buckingham.
June 19, 1618.
* Harl. MS8. vol. 7006.
♦ Ibid.
624
LETTERS RELATING TO LEGAL SUBJECTS.
TO THE LORD CHANCELLOR.*
My honourable Lord,
I have been desired by some friends of mine, in
the behalf of Sir Francis Englefyld, to recom-
mend his cause so far unto your lordship, that a
peremptory day being given by your lordship's
order for the perfecting of his account, and for the
assignment of the trust, your lordship would take
such course therein, that the gentleman's estate
may be redeemed from farther trouble, and secured
from all danger, by engaging those, to whom the
trust is now transferred by your lordship's order,
to the performance of that, w hereunto he was tied.
And so not doubting but your lordship will do him
what lawful favour you may herein, I rest
Your lordship's faithful friend and servant,
G. Buckingham.
Endorsed,
Received Oct. 14, 1618.
TO THE KING, CONCERNING THE FORM AND
MANNER OF PROCEEDING AG AIN8T SIR WAL-
TER RALEGH.f
May it please tour most excellent Majesty,
According to your commandment given unto us,
we have, upon divers meetings and conferences,
considered what form and manner of proceeding
against Sir Walter Ralegh might best stand with
your majesty's justice and honour, if you shall be
pleased, that the law shall pass upon him.
And, first, we are of opinion, that Sir Walter
Ralegh being attainted of high treason, which is
the highest and last work of law, he cannot be
drawn in question judicially for any crime or
offence since committed. And, therefore, we
humbly present two forms of proceeding to your
majesty ; the one, that together with the warrant
to the lieutenant of the Tower, if your majesty
shall so please, for his execution, to publish a
narrative in print, of his late crimes and offences :
which, albeit your majesty is not bound to give
an account of your actions in these cases to any
but only to God alone, we humbly offer to your
majesty '8 consideration, as well in respect of the
great effluxion of time since his attainder, and of
his employment by your majesty's commission,
as for that his late crimes and offences are not yet
publicly known. The other form, whereunto, if
your majesty so please, we rather incline, is, that
where your majesty is so renowned for your jus-
tice, it may have such a proceeding, as is nearest
to legal proceeding; which is, that he be called
before the whole body of your council of state,
and your principal judges, in your council cham-
ber ; and that some of the nobility and gentlemen
* Harl. M88. vol. 7006.
tile was b« beaded October 39, 1018, the day of the Inau-
guration of the Lord Mayor of London.
of quality be admitted to be present to hear the
whole proceeding, as in like cases hath been used
And after the assembly of all these, that some of
your majesty's counsellors of state, that are best
acquainted with the case, should openly declare,
that this form of proceeding against Sir Walter is
holden, for that he is civilly dead. After this
your majesty's council learned to charge his acts
of hostility, depredation, abuse as well of your
majesty's commission, as of yonr subjects under
his charge, impostures, attempt of escape, and
other his misdemeanors. But for that, which
concerns the French, wherein he was rather pas-
sive than active, and without which the charge is
complete, we humbly refer to your majesty's con-
sideration, how far that shalV be touched. After
which charge so given, the examinations read,
and Sir Walter heard, and some to be confronted
against him, if need be, then he is to be with-
drawn and sent back ; for that no sentence is, or
can be, given against him. And after be is gone,
then the lords of the council and judges to give
their advice to your majesty, whether in respect of
these subsequent offences upon the whole matter,
your majesty, if you so please, may not with jus-
tice and honour give warrant for his execution upon
his attainder. And of this whole proceeding
we are of opinion, that a solemn act of council
should be made, with a memorial of the whole pre-
sence. But before this be done, that yonr majesty
may be pleased to signify your gracious direction
herein to your council of state ; and that your coun-
cil learned, before the calling of Sir Walter, should
deliver the heads of the matter, together with the
principal examinations touching the same, where-
with Sir Walter is to be charged, unto them, that
they may be perfectly informed of the true state of
the case, and give their advice accordingly. All
which, nevertheless, we, in all humbleness, pre-
sent and submit to your princely wisdom and
judgment, and shall follow whatsoever it shall
please your majesty to direct us herein, with all
dutiful readiness.
Your majesty's most humble
and faithful servants, etc.
York IIouBe,thJe 18th of October, 1018.
TO THE LORD CHANCELLOR.*
My honourable Lord,
Whereas, there is a cause depending in the court
of chancery between one Mr. Francis Foltambe
and Francis Hornsby, the which already hath re-
ceived a decree, and is now to have another hear-
ing before yourself; I have thought fit to desire
you to show so much favour therein, seeing it
concerns the gentleman's whole estate, as to make
a full arbitration and final end, either by taking
• Hart MM. vol. 7000.
LETTERS RELATING TO LEGAL SUBJECTS.
525
the pains in ending it yourself, or preferring it to
some other, whom your lordship shall think fit:
which I shall acknowledge as a courtesy from
your lordship ; and ever rest
Your lordship's faithful friend and servant,
G. Buckingham.
Hinchinbroke, the Md of October, 1616.
TO THE MARQUI8 OF BUCKINGHAM.
My very good Lord,
We have put the Declaration* touching Ra-
leigh to the press, with his majesty's additions,
which were very material, and fit to proceed from
his majesty.
For the prisoners, we have taken an account,
given a charge, and put some particulars in exa-
mination for punishment and example.
For the pursuivants, we stayed a good while
for Sir Edward Coke's health ; but he being not
yet come abroad, we have entered into it ; and we
find faults, and mean to select cases for example :
but in this swarm of priests and recusants we are
careful not to discourage in general. But the
punishment of some that are notoriously corrupt,
concerned not the good, and will keep in awe
those that are but indifferent
The balance of the king's estate is in hand,
whereof I have great care, but no great help.
Tiie sub-committees for the several branches of
treasure are well chosen and charged.
This matter of the king's estate for means is
like a quarry, which digs and works hard ; but
then, when I consider it buildeth, I think no pains
too much; and after term it shall be my chief
care.
For the mint, by my next I will give account ;
for our day is Wednesday.
God ever preserve and prosper you.
Your lordship's
Fr. Verulam, Cane.
November 22, 1018.
Endorsed,
Of council business*
TO THE LORD CHANCELLORS
My honourable Lord,
I having understood by Dr. Steward, that your
lordship hath made a decree against him in the
chancery, which he thinks very hard for him to
perform ; although I know it is unusual to your
lordship to make any alterations, when things are
so far past ; yet, in regard I owe him a good turn,
• Declaration of ths Demeanor and Carring* of Sir WalUr
RmUigh, Knight, no well in hit Voyage, asintnd tine* kit Jls-
tem, ou.t printed at London, 1616, In quarto.
t Had. MS*, vol. 7005.
which I know not how to perform but this way, I
desire your lordship, if there be any place left for
mitigation, your lordship would show him what
favour you may, for my sake, in his desires, which
I shall be ready to acknowledge as a great courtesy
done unto myself; and will ever rest
Your lordship's faithful friend and servant,
G. Buckingham.
Newmarket, the 2d December, 1618.
NOTES OF A SPEECH OF THE LORD CHANCEL-
LOR IN THE STAR CHAMBER, IN THE CAUSE
OF SIR HENRY YELVERTON, ATTORNEY-
GENERAL.*
Sorry for the person, being a gentleman that I
lived with in Gray's Inn ; served with him when
I was attorney ; joined with him in many services,
and one that ever gave me more attributes in
public, than I deserved ; and, besides, a man of
very good parts, which with me is friendship at
first sight ; much more, joined with so ancient an
acquaintance.
But, as a judge, I hold the offence very great,
and that without pressing measure ; upon which
I will only make a few observations, and so
leave it.
1. First I observe the danger and consequence
of the offence : for if it be suffered, that the learned
council shall practise the art of multiplication
upon their warrants, the crown will be destroyed
in small time. The great seal, the privy seal,
signet, are solemn things; but they follow the
king's hand. It is the bill drawn by the learned
council and the docket, that leads the king's
hand.
2. Next I note the nature of the defence. As,
first, that it was error in judgment : for this surely,
if the offence were small though clear, or great,
but doubtful, I should hardly sentence it. For it
is hard to draw a straight line by steadiness of
hand ; but it could not be the swerving of the
hand. And herein I not* the wisdom of the law
of England, which termeth the highest contempts
and excesses of authority " misprisions ;" which,
if you take the sound and derivation of the words,
is but " mistaken :" but if you take the use and
acceptation of the word, it is high and heinous
contempts and usurpations of authority ; whereof
the reason I take to be, and the name excellently
imposed ; for that main mistaking, it is ever joined
with contempt; for he that reveres, will not
easily mistake ; but he that slights, and thinks
• He was provocated in the Star Chamber, for having
pasted certain clauses in a charter, lately granted to the city
of London, not agreeable to his majesty *s warrant, and dero-
gatory to his honour. But the chief reason of the severity
against him was thought to be the Marquis of Buckingham's
resentment against htm, for having opposed, according to the
; duty of bis office, some oppressive, if not illegal patents,
i which the projectors of those times were busy in preparing.
520
LETTERS RELATING TO LEGAL SUBJECTS.
more of the greatness of his place than of the
duty of his place, will soon commit misprisions.
Endorsed.
Star Chamber, October 24, 1620. Not* upon Mr.
Attorney'* cause.
TO THE MARQUIS OF BUCKINGHAM.
Mv VERT GOOD LORD,
It may be, your lordship will expect to hear
from me what passed yesterday in the Star
Chamber, touching Yelverton's cause, though we
desired Secretary Calvert to acquaint his majesty
therewith.
To make short, at the motion of the attorney, in
porson at the bar, and at the motion of my lord
steward* in court, the day of proceeding is deferred
till the king1 8 pleasure is known. This was against
my opinion then declared plain enough ; but put to
votes, and ruled by the major part, though some
concurred with me.
I do not like of this course, in respect that it
puts the king in a strait; for either the note of
severity must rest upon his majesty, if he go on ;
or the thanks of clemency is in some part taken
away, if his majesty go not on.
I have " cor unum et via una ;" and therefore
did my part as a judge and the king's chancellor.
What is farther to be done, I will advise the king
faithfully, when I see his majesty and your lord-
ship. But before I give advice, I must ask a
question first.
God ever preserve and prosper you.
Your lordship's most obliged friend
and faithful servant,
Fr. Verulam, Cane.
October t8, 1010.
tained bat to play the fool. God ever prosper
you.
Your lordship's most obliged friend,
and faithful servant,
li Not. 1090. Fa* Vbbulam, Cane.
LORD CHANCELLOR BACON TO THE MARQUIS
OF BUCKINGHAM.
My very good Lord,
Yesternight we made an end of Sir Henry
Yelverton's cause. I have almost killed myself
with sitting almost eight hours. But I was
resolved to sit it through. He is sentenced to
imprisonment in the Tower during the king's
pleasure. The fine of 4000/. and discharge of his
place, by way of opinion of the court, referring it
to the king's pleasure. How I stirred the court,
I leave it to others to speak ; but things passed I
to his majesty's great honour. I would not for j
any thing but he bad made his defence; for many I
chief points of the charge were deeper printed by ;
the defence. But yet I like it not in him ; the
less because he retained Holt, who is ever re-
• The Duke of Lenox. I
TO THE KING.
It MAY PLEA8E YOUR EXCELLENT MAJE8TY :
In performance of your royal pleasure, signified
by Sir John Suckling,* we have at several times
considered of the petition of Mr. Christopher
Villiers,f and have heard, as well the registers
and ministers of the Prerogative Court of Can-
terbury, and their council, as also the council of
the Lord Archbishop of Canterbury. And setting
aside such other points, as are desired by the
petition, we do think, that your majesty may by
law, and without inconvenience, appoint an offi-
cer, that shall have the engrossing of the tran-
scripts of all wills to be sealed with the seal of
either of the prerogative courts, which shall be
proved "in com muni forma;" and likewise of all
inventories, to be exhibited in the same courts.
We see it necessary, that all wills, which are
not judicially controverted, be engrossed before
the probate. Yet, as the law now stands, no
officer of those courts can lawfully take any fee
or reward for engrossing the said wills and inven-
tories, the statute of the 21st of King Henry the
Vlllth restraining them. Wherefore we hold it
much more convenient, that it should be done by
a lawful officer, to be appointed by your majesty,
than in a cause not warrantable by law. Yet, our
humble opinion and advice is, that good consi-
deration be had in passing this book, as well
touching a moderate proportion of fees to be
allowed for the pains and travel of the officer, as
for the expedition of the suitor, in such sort, that
the subject may find himself in better case than
he is now, and not in worse.
But, however, we conceive this may be conve-
nient in the two courts of prerogative, where
there is much business : yet, in the ordinary course
of the bishops1 diocesans, we hold the same will
be inconvenient, in regard of the small employ-
ment.
Your majesty's most faithful
and obedient servants,
Fr. Verulam, Cane.
Robert Naunton.
Henry Montagu4
November 15, 1(502.
* He wai afterwards comptroller of the household to Kin;
Charles I., and father of the poet of the same nnme.
t Youngest brother to the Marquis of Buckingham. Fh
was rrcated, April 23, 1623, Baron of Davcntry and Earl of
Anglexey. He died tieptemher 24, li 21.
t Lord chief justice of the king's bench, who, on the 3d
of December following, was advanced to the post of lord bifH
treasurer.
LETTERS RELATING TO LEGAL BUSINESS.
087
TO THE KING.
IT MAT PLEA8E YOUR MOST EXCELLENT MaJE8TY>
According to your commandment, we have
heard once more the proctors of the Prerogative
Court, what they could say; and find no reason
to alter, in any part, our former certificate. Thus
much withal we think fit to note to your majesty,
that our former certificate, which we now ratify,
is principally grounded upon a point in law, upon
the statute of 21 Henry VIII., wherein we, the
chancellor and treasurer, for our own opinions, do
conceive the law is clear; and your solicitor-ge-
neral* concurs.
Now, whether your majesty will be pleased to
rest in our opinions, and so to pass the patents ;
or give us leave to assist ourselves with the
opinion of some principal judges now in town,
whereby the law may be the better resolved, to
avoid farther question hereafter; we leave it to
your majesty's royal pleasure. This we repre-
sent the rather, because we discern such a confi-
dence in the proctors, and those upon whom they
depend, as, it is not unlike, they will bring it to
a legal question.
And so we humbly kiss your majesty's hands,
praying for your preservation.
Your majesty's most humble
and obedient servants,
Fr. Verulam, Cane.
Henry Montagu,
Robert Naunton.
York House, December 12, 1630.
NOTES UPON MICHAEL DE LA POLE'S CASE.f
10 Rich 2. The offences were of three natures :
1 . Deceits to the king.
2. Misgovernance in point of estate, whereby
the ordinances made by ten commissioners for
reformation of the state were frustrated, and the
city of Ghent, in foreign parts, lost.
3. And his setting the seal to pardons for mur-
ders, and other enormous crimes.
The judgment was imprisonment, fine, and
ransom, and restitution to the king, but no disa-
blement, nor making him uncapable, no degrading
in honour, mentioned in the judgment : but, con-
trariwise, in the clause, that restitution should be
made and levied out of his lands and goods, it is
expressly said, that because his honour of earl
was not taken from him, therefore his 20/. per
annum creation money, should not be meddled with.
* Sir Thomas Coventry, who was made attorneys eneral,
January 14. 1690-1.
t Thta paper wai probably drawn up on occasion of the
proceedinfs and Judgment passed upon the Lord Viscount St.
AJbao by the House of Lords, May 8, 1081.
OBSERVATIONS UPON THORPE'S CA8E.
24 Edw. 3. His offence was taking of money
from five several persons, that were felons, for
staying their process of exigent ; for that it made
him a kind of accessary of felony, and touched
upon matter capital.
The judgment was the judgment of felony:
but the proceeding had many things strong and
new; first, the proceeding was by commission
of oyer and terminer , and by jury; and not by
parliament.
The judgment is recited to be given in the
king's high and sovereign power.
It is recited likewise, that the king, when he
made him chief justice, and increased his wages,
did " ore tenus" say to him, in the presence of
his council, that now if he bribed he would hang
him : unto which penance, for so the record called
it, he submitted himself. So it was a judgment
by a contract.
His oath likewise, which was devised some
few years before, which is very strict in words,
that he shall take no reward, neither before nor
after, is chiefly insisted upon. And that, which
is more to be observed, there is a precise proviso,
that the judgment and proceeding shall not be
drawn into example against any, and specially
not against any who have not taken the like oath :
which the lord chancellor, lord treasurer, master
of the wards, etc., take not, but only the judges
of both benches, and baron of the exchequer.
The king pardoned him presently after, doubt-
ing, as it seems, that the judgment was erroneous,
both in matter and form of proceeding ; brought
it before the lords of parliament, who affirmed the
judgment, and gave authority to the king in the
like cases, for the time to come, to call to
him what lords it pleased him, and to adjudge
them.
NOTES UPON SIR JOHN LEE'S CA8E, STEWARD
OF THE KING'S HOUSEHOLD.
44 Edw. 3. His offences were, great oppres-
sions in usurpation of authority, in attacking and
imprisoning in the Tower, and other prisons,
numbers of the king's subjects, for causes no
ways appertaining to his jurisdiction; and for
discharging an appellant of felony without
warrant, and for deceit of the king, and ex-
tortions.
His judgment was only imprisonment in the
Tower, until he had made a fine and ransom at
the king's will ; and no more.
LETTERS RELATING TO LEGAL SUBJECTS.
NOTES UPON LORD LATIMER'S CASE.
50 Edw. 3. His offences were very high and
heinous, drawing upon high treason : as the ex-
tortious taking of victuals in Bretagne, to a great
value, without paying any thing; and for ran-
soming divers parishes there to the sum of 83,000/.
contrary to the articles of truce proclaimed by the
king; for suffering his deputies and lieutenants
in Bretagne to exact, upon the towns and coun-
tries there, divers sums of money, to the sum
of 150,000 crowns; for sharing with Richard
Lyons in his deceit of the king ; for enlarging,
by his own authority, divers felons; and divers
other exorbitant offences.
Notwithstanding all this, his judgment was
only to be committed to the Marshalsea, and to
make fine and ransom at the king's will.
But after, at the suit of the Commons, in regard
of those horrible and treasonable offences, he was
displaced from his office, and disabled to be of the
king's council ; but his honours not touched, and
he was presently bailed by some of the lords,
and suffered to go at large.
Doubtless, my lord, this interprets that of the
manuscript story
On the back of this letter are the following notes by
the Lord Vittount Si. JMban.
" The case of the judgment in parliament, upon
a writ of error put by Just. Hu.*
" The case of no judgment entered into the court
of augmentations, or survey of first-fruits ; which
are dissolved, where there may be an entry after,
out of a paper-book.
"Mem. All the acts of my proceedings were
after the royal assent to the subsidy.1
w
JOHN LORD NEVILLE'S CASE.
50 Edw. 3. His offences were, the not supply-
ing the full number of the soldiers in Bretagne,
according to the allowance ot the king's pay.
And the second was for buying certain debts, due
from the king, to his own lucre, and giving the
parties small recompense, and specially iu a case
of the Lady Ravensholme.
And it was prayed by the Commons, that he
might be put out of office about the king : but
there was no judgment given upon that prayer,
but only of restitution to the lady, and a general
clause of being punished according to his de-
merits.
My Lord,
If your lordship have done with that " Mascar-
dus de Interpretations Statutorum,"* I shall be
glad, that you would give order that I might use
it. And for that of 12 Hen. 7, touching the
grand council in the manuscript, I have since
seen a privy seal of the time of Henry "7,
(without a year,) directed to borrow for the king ;
and in it there is a recital of a grand council,
which thought, that such a sum was fit to be
levied ; whereof the lords gave 40,000/., and the
rest was to be gotten by privy seal upon loan.
* Jtldsrmni Msstmrii esmmnnss csnclusUuss ntriusqu* juris
mi ftnst+Um sUtuUrmm inUrpntmtfonsm messwmsdtUm : print-
ed at Ferrm, 1006.
QUESTIONS DEMANDED OF THE CHIEF JUSTICE
OF THE KING'S BENCH BY HIS MAJESTY'S
COMMANDMENT.
1. In the case of the isle of Ely, whether his
lordship thinks that resolution there spoken of to
be law ; That a general taxation upon a town, to
pay so much towards the repair of the sea-banks,
is not warranted to be done by the commissioners
of sewers ; but that the same must be upon every
particular person, according to the quantity of
his land, and by number of acres and perches ;
and according to the portion of the profit, which
every one hath there.
2. In Darcy's case, whether bis lordship's
judgment be as he reporteth it to be resolved ;
that the dispensation or license of Queen Eliza-
beth to Darcy to have the sole importation of
cards, notwithstanding the statute, 3 £. 4, is
against law.
3. In Godfrey's case, what he means by this
passage, Some courts cannot imprison, fine, or
amerce, as ecclesiastical courts before the ordi-
nary archdeacon, etc., or other commissioners, and
such like, which proceed according to the canon
or civil law.
4. In Dr. Bonham's case, what he means by
this passage, That in many cases the common
law shall control acts of parliament, and some-
times shall judge them to be merely void : For
where an act of parliament is against common
right and reason, the law shall control it, and
adjudge it void.
5. In Bagges's case, to explain himself where
he saith, That to the court of king's bench belongs
authority, not only to correct errors in judicial
proceedings, but other errors and misdemeanors
extra-judicial, tending to the breach of peace,
oppression of subjects, or to the raising of faction,
controversies, debate, or to any manner of mis-
government. So no wrong or injury can be dons,
0 Huttoo.
LETTERS RELATING TO LEGAL SUBJECTS.
bat, that this shall be reformed or punished by due
course of law.
I received these questions the 17th of this in-
stant October, being Thursday ; and this 21st
day of the same month I made these answers
following :
THE HUMBLE AND DIRECT ANSWER TO THE
QUESTIONS UPON THE CA8E OF THE I8LE
OF ELY.
The statute of the 23 Henry VIII. cap. 5, pre-
scribe th the commission of sewers to be according
to the manner, form, tenure, and effect hereafter
ensuing, namely, to inquire by the oath of men,
etc., who hath any lands or tenements, or common
of pasture, or hath, or may have, any loss, etc.;
and all these persons to tax, distrain, and punish,
etc., after the quantity of lands, tenements, and
rents, by the number of acres and perches, after
the rate of every person's portion or profit, or after
the quantity of common of pasture, or common of
fishing, or other commodity there, by such ways
and means, and in such manner and form, as to
you, or six of you, shall seem most convenient.
The commissioners of sewers within the isle
of Ely did tax Fend ray ton, Samsey, and other
towns generally, namely, one entire sum upon the
town of Fend ray ton, another upon Samsey, etc.
The lords of the council wrote to myself, the chief
justice of the common pleas, and unto Justice
Daniel and Justice Foster, to certify our opinions,
whether such a general taxation were good in law.
Another question was also referred to us, whereof
no question is now made : and as to this question
we certified, and so I have reported as folio weth,
That the taxation ought to have these qualities :
1. It ought to be according to the quantity of
lands, tenements, and rents, and by number of
acres and perches. 2. According to the rate
of every person's portion, tenure, or profit, or of
the quantity of common of pasture, fishing, or
other commodity, wherein we erred not, for they
be the very words and text of the law, and of the
commission. Therefore we concluded, that the
said taxation of an entire sum in gross upon a
town is not warranted by their commission, etc.
And being demanded by your majesty's com-
mandment, whether I do think the said resolution
concerning the said general taxation to be law, I
could have wished, that I could have heard coun-
cil learned again on both sides, as I and the other
judges did, when we resolved this point; and
now being seven years past since the said resolu-
tion, and by all this time I never hearing any
objection against it, I have considered of this
case, as seriously as I could within this short
time, and without conference with any ; and mine
humble answer is. That for any thing that I can
conceive to the contrary, I remain still of my
Vol. II.— 67
former opinion, and have, as I take it, the express
text and meaning of the law to warrant mine
opinion. Seeing that one town is of greater
value, and subject to more danger, than another,
the general taxation of a town, cannot, as I take
it, be just, unless the particular lands, etc., and
loss be known, for the total must rise upon the
particulars ; and if the particulars be known, then
may the taxations be in particular, as it ought, as
I take it, to be according to the express words of
the act and commission.
The makers of the act did thereby provide, That
every man should be equally charged, according
to his benefit or loss ; but if the general taxations
should be good, then might the entire tax set upon
the town be levied of any one man or some few
men of that town; which should be unequal, and
against the express words of the act and commis-
sion ; and if it should be in the power of their
officer to levy the whole taxation upon whom he
will, it would be a means of much corruption and
inconvenience ; all which the makers of the act
did wisely foresee by the express words of the
act
If the taxation be in particular, according to the
number of acres, etc., which may easily be known,
it may, as I take it, be easily done.
It was not only the resolution of the said three
judges, but it hath been ruled and adjudged by
divers other judges in other rates accordingly.
All which, notwithstanding, I most humbly sub-
mit myself herein to your majesty's princely
censure and judgment.
Edw. Coki.
THE HUMBLE AND DIRECT ANSWER TO THE
QUESTION UPON D'ARCY* CA8E.
Thi statute of 3 of E. IV. cap. 4, at the humble
petition of the card-makers, etc. within England,
prohibited, amongst other things, the bringing
into the realm of all foreign playing cards upon
certain penalties. Queen Elizabeth, in the fortieth
year of her reign, granted to Sir Ed. D'Arcy, his
executors, deputies, and assigns, for twenty-one
years, to have the sole making of playing cards
within the realm, and the sole importation of
foreign playing cards ; and that no other should
either make any such cards, within the realm, or
import any foreign cards, but only the said Sir
Ed. D'Arcy, his executors, deputies, and assigns,
notwithstanding the said act.
The point concerning the sole making of cards
within the realm is not questioned : the only ques-
tion now is concerning the sole importation.
It was resolved, that the dispensation or license
to have the sole importation or merchandising of
cards, without any limitation or stint, is utterly
against the law.
2Y
5*0
LETTERS RELATING TO LEGAL SUBJECTS.
And your majesty's commandment having been
signified to me, to know, whether my judgment
be, as I report it to be resolved, in most humble
manner I offer this answer to your majesty : That
I am of opinion, that without all question the
late queen by her prerogative might, as your ma-
jesty may, grant license to any man to import any
quantity of the said manufacture whatsoever, with
a "non obstante" of the said statute: and for
proof thereof I have cited about fifteen book-cases
in my report of this case. And the first of those
book-cases is the 2 H. VII. fol. 6, by the which
it appeareth, that if a penal statute should add a
clause, That the king should grant any dispensa-
tion thereof, "non obstante" the statute; yet, the
king, notwithstanding that clause of restraint,
might grant dispensations at his pleasure with a
*«non obstante" thereof. Therefore, seeing this
royal prerogative and power to grant dispensations
to penal laws is so incident and inseparable to the
crown, as a clause in an act of parliament cannot
restrain it, I am of opinion, that when the late
queen granted to Sir Ed. D'Arcy to have the sole
importation of this manufacture without limita-
tion, and that no other should import any of the
same during 21 years, that the same was not of
force either against the late queen, or is of force
against your majesty : for, if the said grant were
of force, then could not the late queen or your
majesty, during the said term, grant any dispensa-
tion of this statute concerning this manufacture
to any other for any cause whatsoever; which
is utterly against your majesty's inseparable pre-
rogative, and consequently utterly void; which
falleth not out where the license hath a certain
limitation of quantity or stint ; for there the crown
is not restrained to grant any other' license.
And therefore where it was resolved by Popham,
chief justice, and the court of king's bench, be-
fore I was a judge, That the said dispensation or
license to have the sole importation and mer-
chandising of cards without any limitation or
stint, should be void, I am of the same opinion ;
for that it is neither against your majesty's prero-
gative, nor power in granting of such dispensa-
tions; but tendeth to the maintenance of your
majesty's prerogative royal, and may, if it stand
with your majesty's pleasure, be so explained.
Wherein in all humbleness I submit myself to
your majesty's princely censure and judgment.
Edw. Coke.
THE HUMBLE AND DIRECT ANSWER TO THE
QUESTION RISING UPON GODFREY'S CASE.
Some courts cannot imprison, fine, nor amerce,
as ecclesiastical courts holden before the ordinary,
archdeacon, or their commissaries and such like,
which proceed according to the common or civil
law.
And being commanded to explain what I meant
by this passage, I answer, that 1 intended only
those ecclesiastical courts there named, and such
like, that is, such like ecclesiastical courts, as
peculiars, etc.
And within these words (And such like) I
never did nor could intend thereby the high com-
mission; for that is grounded upon an act of
parliament, and the king's letters patents under
the great seal. Therefore these words " commis-
saries" and " such like" cannot be extended to
the high commission, but, as I have said, to in-
ferior ecclesiastical courts.
Neither did I thereby intend the court of the
admiralty ; for that is not a like court to the courts
before named ; for those be ecclesiastical courts,
and this is temporal. But I referred the reader
to the case in Brooks's Abridgment, pla. 77, where
it is that, if the admiral, who proceeded by the
civil law, hold plea of any thing done upon the
land, that it is void and " coram non judice ;" and
that an action of transgressions in that case doth
lie, as by the said case it appeareth. And, there-
fore, that in that case he can neither fine nor
imprison. And therewith agree divers acts of
parliament; and so it may be explained, as it
was truly intended.
All which I most humbly submit to your
majesty's princely judgment.
Edw. Coke.
JOHN SELDEN, ESQ., TO THE LORD VISCOUNT
ST. ALBAN.
Mv most honoured Lord,
At your last going to Gorhambury, yon were
pleased to have speech with me about some pas-
sages of parliament; touching which, I conceived,
by your lordship, that 1 should have bad farther
direction by a gentleman, to whom you committed
some care and consideration of your lordship's
intentions therein. I can only give this account
of it, that never was any man more willing or
ready to do your lordship service, than myself;
and in that you then spake of, I had been most
forward to have done whatsoever I had been, by
farther direction, used in. But I understood,
that your lordship's pleasure that way was
changed. Since, my lord, I was advised with,
touching the judgments given in the late parlia-
ment. For them, if it please your lordship to
hear my weak judgment expressed freely to you,
I conceive thus. First, that admitting it were no
session, but only a convention, as the proclama-
mation calls it ; yet the judgments given in the
Upper House, if no other reason be against them,
are good ; for they are given by the lords, or the
Upper House, by virtue of that ordinary authority,
which they have as the supreme court of judica-
ture; which is easily to be conceived, without
LETTERS RELATING TO LEGAL SUBJECTS.
681
any relation to the matter of session, which con-
sists only in the passing of acts, or not passing
them, with the royal assent. And, though no
session of the three states together be without
such acts so passed ; yet, every part of the par-
liament severally did its own acts legally enough
to continue, as the acts of other courts of justice
are done. And why should any doubts be, but
that a judgment out of the king's bench, or ex-
chequer chamber, reversed there, had been good,
although no session 1 For there was truly a par-
liament, truly an Upper House, which exercised
by itself this power of judicature, although no
session. Yet, withal, my lord, I doubt, it will
fall out, upon fuller consideration, to be thought
a session also. Were it not for the proclamation,
I should be clearly of that mind ; neither doth the
clause, in the act of subsidy, hinder it. For that
only prevented the determination of the session at
that instant; but did not prevent the being of a
session, whensoever the parliament should be
dissolved. But, because that point was resolved
in the proclamation, and also in the commission
of dissolution on the 8th of February, I will rest
satisfied.
But there are also examples of former times,
that may direct us in that point of the judgment,
in regard there is store of judgments of parlia-
ment, especially under Edward I. and Edward II.
in such conventions, as never had, for aught
appears, any act passed in them.
Next, my lord, I conceive thus ; that by reason
there is no record of those judgments, it may be
justly thought, that they are of no force. For,
thus it stands. The Lower House exhibited the
declarations in paper ; and the lords, receiving
them, proceeded to judgment verbally ; and the
notes of their judgments are taken by the clerk,
in the journal only; which, as I think, is no
record of itself; neither was it ever used as one.
Now, the record, that in former times was of the
judgments and proceedings there, was in this
form. The accusation was exhibited in parch-
ment; and being so received, and endorsed, was
the first record ; and that remained filed among
the bills of parliament, it being of itself as the
bills in the king's bench. Then out of this there
was a formal judgment, with the accusation
entered into that roll, or second record, which the
clerk transcribes by ancient use, and sends into
the chancery.
But in this case there are none of these : neither
doth any thing seem to help to make a record of
it, than only this, that the clerk may enter it, now
after the parliament ; which, I doubt, he cannot.
Because, although in other courts the clerks enter
all, and make their records after the term ; yet, in
this parliamentary proceeding it falls out, that the
court being dissolved, the clerk cannot be said to
have such a relation to the parliament, which is
not then at all in being, as the prothonotaries of
the courts of Westminster have to their courts,
which stand only adjourned. Besides, there
cannot be an example found, by which it may
appear, that ever any record of the first kind,
where the transcript is into the chancery, was
made in parliament; but only sitting the House*
and in their view. But this I offer to your lord-
ship's farther consideration, desiring your favour-
able censure of my fancy herein; which, with
whatsoever ability I may pretend to, shall ever
be desirous to serve you, to whom I shall per-
petually own myself
Your lordship's most humble servant,
J. Seldbr.
From the Temple, February
xnr, cicdoxxi.
MISCELLANEOUS.
Thus* be the principal remedies, I could think
of, for eitirping the principal cause of those con-
spiracies, by the breaking the nest of those fugi-
tive traitors, and the filling them full of terror,
despair, jealousy, sad revolt. And it ia 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, be-
ing the unwarranted wishes of a private man, I
wave ; humbly praying her majesty's pardon, if
in the seal of my simplicity Ihave roved at thinga
shove my aim.
THE FIRST FRAGMENTS OF A DISCOURSE
TOUCHING INTELLIGENCE AND THE
SAFETY OF THE QUEEN'S PERSON.
The first remedy, in my poor opinion, ia that
against which, as I conceive, least exception can
be taken, as a thing without controversy, honour-
able and politic ; and that is reputation of good
intelligence. I say not only good intelligence,
bnt 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
nway ; yet that is more than the thief knoweth ;
so as tbe empty booth is strength and safeguard
enongh. So, likewise, if there be sown an opinion
abroad, that her majesty hath much secret intelli-
gence, and that all is full of spies and false
brethren ; the fugitives will grow into snch a
mutual jealousy and suspicion one of another, as
they will not have tbe confidence to conspire to-
gether, 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, a* 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 in-
telligence ; bo yet, under correction, methinks itia
not done with that glory and note of the world,
which waa in Mr. Secretary Walsingham's* time ;
and in this case, as was said, opinio veritatt major.
The second remedy I deliver with less assur-
ance, as that, which is more removed from tb«
compass of mine understanding ; and that is, to
treat and negotiate with the King of Spain, or
Archduke Ernest,! wa0 resides in the place,
where these conspiracies are moat forged, upon
the point of the law of nations, upon which kind
of points, princes' enemies may with honour
negotiate, viz. that, contrary to the same law of
nations, end 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 hie dominions, have con
spired and practised assassination against hei
majesty's person.
* Who died April Mb, 1S0O. After till dsaiL thf bnfneie
ofrecrelarv of imt ippcln lot* chiefly done nT Ki Boberl
Cecil, who waa knighted b) Queen Elir.be! h it Theobald'',
t Em«t, Archduke of A inula, ion of tbe Emperor Hut
Ulan II., and (OT-erooi of tbe Low Counlrlen, unun wblrb
me, dytni February 11, following. It wai probably la par.
imnce of the adr Ice of Mr. Frentia Bacon In Ihla paper, Unl
alter the death of Aleiauder, Duke or Parma, In December,
IMa, and by the EnsliihriifttlTea there! aad todeilre hinto
elsnlry tboee fact, to tbe Klnr. of Spun, In order that be roi|bl
•Indicate bit own character, by puaiablni hto talnbrtera and
delltsrlnr up to her inch fuilllvn •■ were paniei In each
deiljm Ciuulni .daaelta £fii, Si/tut, p. 0X9. Rdlt. Lai-
THE SPEECHES*
DRAWN UP BY
MR. FRANCIS BACON FOR THE EARL OF ESSEX,
IN A DEVICEf
■ZHIBITED BY HB LOBDSHIP BVFOKB QUEEN ELIZABETH, ON THE ANNIVEBSARY OF HEB ACCESSION TO TH»
THBONE, NOVEMBER 17, 1595.
THE SQUIRE'S SPEECH.
Most excellent and most glorious queen, give
me leave, I beseech your majesty, to offer my
master's complaint and petition ; complaint that,
coming hither to your majesty's most happy day,
he is tormented with the importunity of a melan-
choly, dreaming hermit, a mutinous, brain-sick
• Bishop Gibson's Papers, vol. v., No. 118.
t An account of this device, which was much applauded,
Is given by Mr. Rowland Whyte to Sir Robert Sydney, in a
letter dated at London, Saturday, the 83d of November,
159&, and printed in the Letters and Memorials of State of
the Sydney Family, vol. i., p. 302. According to this letter,
the Earl of Essex, some considerable time before he came
himself into the Tilt-yard, sent his page with some speech to
the queen, who returned with her majesty*! glove ; and
when his lordship came himself, he waa met by an old her-
mit, a secretary of atate, a brave soldier, and an esquire.
The first presented him with a book of meditations ; the
second with political discourses ; the third with orations of
bravely fought battles ; the fourth was his own follower, to
whom the other three imparted much of their purpoee before
the earl came in. " Another," adda Mr. Whyte, " devised
with him, persuading him to this and that course of life, ac-
cording to their inclination!. Cornea Into the Tilt-yard
unlbought upon, the ordinary postboy of London, a ragged
villain, all bemired, upon a poor lean Jade, galloping and
blowing for life, and delivered the secretary a packet of let-
ters, which he presently offered my Lord of Eaaez. And
with this dumb •now our eyea were fed for that time. In the
after-supper, before the queen, they flrat delivered a well
penned speech to move this worthy knight to leave hia follow-
ing of love, and to betake him to heavenly meditation ; the
secretaries all tending to have him follow matters of state ;
the soldiers persuading him to the war: but the squire
answered them all, and concluded with an excellent, but too
plain, Engliah, that this knight would never forsake his mis-
tress's love, whose virtue made all his thoughts divine ;
whose wisdom taught him all true policy; whose beauty and
worth were at all times able to make him At to command
armies. He snowed all the defects and imperfections of all
their times ; and, therefore, thought his courae of life to be
best in serving his miatress." Mr. Whyte then mentions,
that the part of the old hermit was performed by him, who,
at Cambridge, played that of Giraldi ; that Morley acted the
secretary ; and that the soldier was represented by him who
acted the pedant, and that Mr. Tobie Matthew waa the
squire. "The world," says Mr. Whyte, "makes many un-
true constructions of these speeches, comparing the hermit
and the secretary to two of the lords ; and the soldier to Sir
Roger Williams. But the queen said, that • if she had thought
there had been so much said of her, she would not have been
there that night ;' and so went to bad."
soldier, and a busy, tedious secretary. His petition
is, that he may be as free as the rest ; and, at
least, while he is here, troubled with nothing but
with care how to please and honour you.
THE HERMIT'S SPEECH IN THE PRESENCE.
Though our ends be diverse, and therefore may
be one more just than another; yet the complaint,
of this squire is general, and therefore alike unjust
against us all. Albeit he is angry, that we offer,
ourselves to his master uncalled, and forgets we
come not of ourselves, but as the messengers of
self-love, from whom all that comes should be well
taken. He saith, when we come, we are impor-
tunate. If he mean, that we err in form, we Wave
that of his master, who, being a lover, useth no
other form of soliciting. If he will charge us to
err in matter, I, for my part, will presently prove
that I persuade him to nothing but for his own
good. For I wish him to leave turning over the
book of fortune, which is but a play for children ;
when there be so many books of truth and know-
ledge, better worthy the revolving ; and net fix his
view only upon a picture in a little table, when
there be so many tables of histories, yea, to life,
excellent to behold and admire. Whether he be-
lieve me or no, there is no prison to the prison of
the thoughts, which are free under the greatest
tyrants. Shall any man make his conceit, as an
anchor, mured up with the compass of one beauty
or person, that may have the liberty of all con-
templation 1 Shall he exchange the sweet travel-
ling through the universal variety, for one weari-
some and endless round or labyrinth 1 Let thy
master, squire, offer his service to the muses. It
is long since they received any into their court.
They give alms continually at their gate, that
many come to live upon ; but few they have ever
admitted into their palace. There shall he find
secrets not dangerous to know ; sides and parties
not factious to hold; precepts and commandments]
BtS 533
634
SPEECHES COMPOSED FOR ESSEX.
not penal to disobey. The gardens of love, where-
in he now placeth himself, are fresh to-day, and
fading to-morrow, a9 the sun comforts them, or is
turned from them. But the gardens of the muses
keep the privilege of the golden age ; they ever
flourish, and are in league with time. The monu-
ments of wit survive the monuments of power.
The verses of a poet endure without a sylla-
ble lost, while states and empires pass many
periods. Let him not think he shall descend;
for he is now upon a hill, as a ship is mount-
ed upon the ridge of a wave; but that hill
of the muses is above tempests, always clear and
calm; a hill of the goodliest discovery that man
can have, being a prospect upon all the errors and
wanderings of the present and former times. Yea,
in some cliff it leadeth the eye beyond the horizon
of time, and giveth no obscure divinations of times
to come. So that if he will indeed lead vitam
vitakm, a life that unites safety and dignity,
pleasure and merit ; if he will win admiration
without envy ; if he will be in the feast, and not
in the throng ; in the light, and not in the heat ;
let him embrace the life of study and contempla-
tion. And if he will accept of no other reason, yet
because the gift of the muses will en worthy him
in love, and where he now looks on his mistress's
outside with the eyes of sense, which are dazzled
and amazed, he shall then behold her high per-
fections and heavenly mind with the eyes of judg-
ment, which grow stronger by more nearly and
more directly viewing such an object.
THE 80LDIER*S SPEECH.
Squiri, the good old man hath said well to
you; but I dare say, thou wouldst be sorry to
leave to carry thy master's shield, and to carry
his books : and I am sure thy master had rather
be a falcon, a bird of prey, than a singing bird in
a cage. The muses are to serve martial men, to
sing their famous actions; and not to be served by
them. Then hearken to me.
It is the war that giveth all spirits of valour,
not only honour, but contentment. For mark,
whether ever you did see a man grown to any
honourable commandment in the wars, but, when-
soever he gave it over, he was ready to die with
melancholy ? Such a sweet felicity is in that
noble exercise, that he, that hath tasted it
thoroughly, is distasted for all other. And no
marvel ; for if the hunter takes such solace in his
chase ; if the matches and wagers of sport pass
away with satisfaction and delight; if the looker
on be affected with pleasure in the representation
of a feigned tragedy ; think what contentment a
man receiveth, when they, that are equal to him
in nature, from the height of insolency and fury
are brought to the condition of a chased prey ;
when a victory is obtained, whereof the victories
of games are but counterfeits and shadows ; and
when, in a lively tragedy, a man's enemies are
sacrificed before his eyes to his fortune.
Then, for the dignity of military profession, is it
not the truest and perfectest practice of all virtues 1
of wisdom, in disposing those things, which are
most subject to confusion and accident ; of justice,
in continual distributing rewards ; of temperance,
in exercising of the straightest discipline ; of for-
titude, in toleration of all labours and abstinence
from effeminate delights ; of constancy, in bear-
ing and digesting the greatest variety of fortune.
So that when all other places and professions re-
quire but their several virtues, a brave leader in
the wars must be accomplished with all. It is
the wars, that are the tribunal seat, where the
highest rights and possessions are decided ; the
occupation of kings, the root of nobility, the pro-
tection of all estates. And, lastly, lovers never
thought their profession sufficiently graced, till
they have compared it to a warfare. All that in
any other profession can be wished for, is bat to
live happily : but to be a brave commander in the
field, death itself doth crown the head with glory.
Therefore, squire, let thy master go with me;
and though he be resolved in the pursuit of his
love, let him aspire to it by the noblest means.
For ladies count it no honour to subdue them
with their fairest eyes, which will be daunted
with the fierce encounter of an enemy. And they
will quickly discern a champion fit to wear their
glove from a page not worthy to carry their pan-
tofle. Therefore, I say again, let him seek his
fortune in the field, where he may either lose his
love, or find new argument to advance it.
THE STATESMAN'S SPEECH.
Squire, my advice to thy master shall be as a
token wrapped up in words ; but then will it show
itself fair, when it is unfolded in his actions. To
wish him to change from one humour to another,
were but as if, for the cure of a man in pain, one
should advise him to lie upon the other side, but
not enable him to stand on his feet. If from a
sanguine, delightful humour of love, he turn to a
melancholy, retired humour of contemplation, or a
turbulent, boiling humour of the wars ; what doth
he but change tyrants! Contemplation is a
dream ; love a trance ; and the humour of a war
is raving. These be shifts of humour, but no re-
claiming to reason. I debar him not studies nor
books, to give him stay and variety of conceit, to
refresh his mind, to cover sloth and indisposition,
and to draw to him from those that are studious,
respect and commendation. But let him beware,
lest they possess not too much of his time ; that
they abstract not his judgment from present ex-
perience, nor make him presume upon knowing
SPEECHES COMPOSED FOR ESSEX.
535
much, to apply the less. For the wars, I deny
him no enterprise, that shall be worthy in great-
ness, likely in success, or necessary in duty ; not
mixed with any circumstance of jealousy, but
duly laid upon him. But I would not have him
take the alarm from his own humour, but from the
occasion ; and I would again he should know an
employment from a discourting. And for his
love, let it not disarm his heart within, as it make
him too credulous to favours, nor too tender to
unkind nesses, nor too apt to depend upon the
heart he knows not. Nay, in his demonstration
of love, let him not go too far; for these seely
lovers, when they profess such infinite affection
and obligation, they tax themselves at so high a
rate, that they are ever under arrest. It makes
their service seem nothing, and every cavil or im-
putation very great. But what, Squire, is thy
master's end ! If to make the prince happy he
serves, let the instructions to employ men, the
relations of ambassadors, the treaties between
princes, and actions of the present time, be the
books he reads ; let the orations of wise princes,
or experimented counsellors in council or Parlia-
ment, and the final sentences of grave and learned
judges in weighty and doubtful causes, be the
lecturers he frequents. Let the holding of affec-
tion with confederates without charge, the frus-
trating of the attempts of enemies without battles,
the entitling of the crown to new possessions
without show of wrong, the filling of the prince's
coffers without violence, the keeping of men in
appetite without impatience, be the inventions he
seeks out Let policy and matters of state be the
chief, and almost the only thing, he intends. But
if he will believe Philautia, and seek most his
own happiness, he must not of them embrace all
kinds, but make choice, and avoid all matter of
peril, displeasure, and charge, and turn them over
to some novices, that know not manacles from
bracelets, nor burdens from robes. For himself,
let him set for matters of commodity and strength,
though they be joined with envy. Let him not
trouble himself too laboriously to sound into any
matter deeply, or to execute any thing exactly ;
but let himself make himself cunning rather in
the humours and drifts of persons, than in the
nature of business and affairs. Of that it suffice th
to know only so much, as may make him able to
make use of other men's wits, and to make again
a smooth and pleasing report. Let him entertain :
the proposition of others, and ever rather let him .
have an eye to the circumstances, than to the!
matter itself; for then shall he ever seem to add j
somewhat of his own ; and, besides, when a man !
doth not forget so much as a circumstance, men do ;
think his wit doth superabound for the substance.
In his councils let him not be confident ; for that ,
will rather make him obnoxious to the success ;
hut let him follow the wisdom of oracles, which
uttered that which might ever be applied to the
! event And ever rather let him take the side which
| is likeliest to be followed, than that which is sound-
I est and best, that every thing may seem to be car-
ried by his direction. To conclude, let him be true
to himself, and avoid all tedious reaches of state,
that are not merely pertinent to his particular.
And if he will needs pursue his affection, and go
on his course, what can so much advance him in
his own way ! The merit of war is too outwardly
glorious to be inwardly grateful; and it is the
exile of his eyes, which, looking with such affec-
tion upon the picture, cannot but with infinite
contentment behold the life. But when his mis-
tress shall perceive, that his endeavours are be-
come a true support of her, a discharge of her care,
a watchman of her person, a scholar of her wisdom,
an instrument of her operation, and a conduit of
her virtue; this, with his diligences, accesses, humi-
lity, and patience, may move him to give her further
degrees and approaches to her favour. So that I
conclude, I have traced him the way to that,
which hath been granted to some few amort el
sapere, to love and be wise.
THE REPLY OF THE 8QUIRE.
Wandering hermit, storming soldier, and
hollow statesman, the enchanting orators of
Philautia, which have attempted by your high
charms to turn resolved Erophilus into a statue
deprived of action, or into a vulture attending about
dead bodies, or into a monster with a double
heart; with infinite assurance, but with just
indignation, and forced patience, I have suffered
you to bring in play your whole forces. For I
would not vouchsafe to combat you one by one,
as if I trusted to the goodness of my breath, and
not the goodness of my strength, which little
needeth the advantage of your severing, and much
less of your disagreeing. Therefore, first, I would
know of you all what assurance you have of the
fruit whereto you aspire.
You, father, that pretend to truth and know-
ledge, how are you assured that you adore not vain
chimeras and imaginations! that in your high
prospect, when you think men wander up and
down, that they stand not indeed still in their
place, and it is some smoke or cloud between you
and them, which moveth, or else the dazzling of
your own eyes! Have not many, which take
themselves to be inward counsellors with nature,
proved but idle believers, which told us tales,
which were no such matter! And, soldier, what
security have you for these victories and garlands)
which you promise to yourself! Know you not
of many, which have made provision of laurel for
the victory, and have been fain to exchange it with
cypress for the funeral! of many which have be-
spoken fame to sound their triumphs, and have been
536
SPEECHES COMPOSED FOR ESSEX.
glad to pray her to say nothing of them, and not
to discover them in their flights ?
Corrupt statesman, you that think, by your
engines and motions, to govern the wheel of for-
tune ; do you not mark, that clocks cannot he long
in temper 1 that jugglers are no longer in request
when there tricks and sleights are once perceived 1
Nay, do you not see, that never any man made
his own cunning and practice (without religion
and moral honesty) his foundation, hut he over-
built himself, and in the end made his house a
windfall 1 But give ear now to the comparison
of my master's condition, and acknowledge such
a difference, as is betwixt the melting hailstone
and the solid pearl. Indeed it seemeth to depend,
as the globe of the earth seemeth to hang in the
air; but yet it is firm and stable in itself. It is
like a cube, or a die-form, which, tos9 it or throw
it any way, it ever lighteth upon a square. Is he
denied the hopes of favours to come ? He can
resort to the remembrance of contentments past.
Destiny cannot repeal that which is past. Doth
he find the acknowledgment of his affection small ?
He may find the merit of his affection the greater.
Fortune cannot have power over that which is
within. Nay, his falls are like the falls of Antaeus ;
they renew his strength. His clouds are like the
clouds of harvest, which make the sun break forth
with greater force. His wanes are changes like the
moon's, whose globe is all light towards the sun,
when it is all dark towards the world ; such is the
excellency of her nature, and of his estate. At-
tend, you beadsman of the muses, you take your
pleasure in a wilderness of variety ; but it is but
of shadows. You are as a man rich in pictures,
medals, and crystals. Your mind is of the water,
which taketh all forms and impressions, but is
weak of substance. Will you compare shadows
with bodies, picture with life, variety of many
beauties with the peerless excellency of one ? the
element of water with the element of fire ? And
such is the comparison between knowledge and
love.
Come out, man of war ; you must be ever in
noise. You will give laws, and advance force,
and trouble nations, and remove landmarks of
kingdoms, and hunt men, and pen tragedies in
blood ; and, that which is worst of all, make all
the virtues accessary to bloodshed. Hath the
practice of force so deprived you of the use of
reason, as that you will compare the interruption
of society with the perfection of society 1 the
conquest of bodies with the conquest of spirits t
the terrestrial fire, which destroyeth and dissol veth,
with the celestial fire, which quickeneth and
giveth life! And such is the comparison be-
tween the soldier and the lover.
And as for yon, untrue politique, but truest
bondman to Philautia, you, that presume to bind
occasion, and to overwork fortune, I would ask
you but one question. Did ever any lady, hard to
please, or disposed to exercise her lover, enjoin
him so good tasks and commandments as Phi-
lautia exacteth of you 1 While your life is no-
thing but a continual acting upon a stage; and
that your mind must serve your humour, and yet
your outward person must serve your end ; so as
you carry in one person two several servitudes to
contrary masters. But I will leave you to the
scorn of that mistress whom you undertake to
govern; that is, to fortune, to whom Philautia
hath bound you. And yet, you commissioner of
Philautia, I will proceed one degree farther: if I
allowed both of your assurance, and of your
values, as you have set them, may not my master
enjoy his own felicity ; and have all yours for ad-
vantage lido not mean, that he should divide him-
self in both pursuits, as in your feigning tales to-
wards the conclusion you did yield him ; but be-
cause all these are in the hands of his mistress
more fully to bestow, than they can be attained
by your addresses, knowledge, fame, fortune.
For the muses, they are tributary to her majesty
for the great liberties they have enjoyed in her
kingdom, during her most flourishing reign ; in
thankfulness whereof, they have adorned and
accomplished her majesty with the gifts of all the
sisters. What library can present such a story
of great actions, as her majesty carrieth in her
royal breast by the often return of this happy
day 1 What worthy author, or favourite of the
muses, is not familiar with herl Or what lan-
guage, wherein the muses have used to speak, is
unknown to her 1 Therefore the hearing of her,
the observing of her, the receiving instructions
from her, may be to Erophilus a lecture exceed-
ing all dead monuments of the muses. For fame,
can all the exploits of the war win him such a
title, as to have the name of favoured and selected
servant of such a queen 1 For fortune, can any
insolent politique promise to himself such a for-
tune, by making his own way, as the excellency
of her nature cannot deny to a careful, obsequious,
and dutiful servant 1 And if he could, were it
equal honour to obtain it by a shop of cunning,
as by the gift of such a hand 1
Therefore Erophilus's resolution is fixed: be
renounceth Philautia, and all her enchantments.
For her recreation* he will confer with his muse;
for her defence and honour he will sacrifice his
life in the wars, hoping to be embalmed in the
sweet odours of her remembrance. To her service
will he consecrate all his watchful endeavours,
and will ever bear in his heart the picture of her
beauty ; in his actions, of her will ; and in hit
fortune, of her grace and favour.
REMEMBRANCES FOR THE KING,
BEFORE HIS GOING INTO SCOTLAND.
Mat it please your Majesty,
Although your journey be but as a long pro-
gress, and that your majesty shall be still within
your own land, and therefore any extraordinary
course neither needful, nor, in my opinion, fit;
yet, nevertheless, I thought it agreeable to my
duty and care of your service to put you in mind
of those points of form, which have relation, not
so much to a journey into Scotland, as to an ab-
sence from your city of London for six months, or
to a distance from your said city near three hun-
dred miles, and that in an ordinary course ; where-
in I lead myself by calling to consideration what
things there are that require your signature, and
may seem not so fit to expect sending to and fro ;
and therefore to be supplied by some precedent
warrants.
First, your ordinary commissions of justice, of
assizes, and the peace, need not your signature,
but pass of course by your chancellor. And your
commissions of lieutenancy, though they need
your signature, yet, if any of the lieutenants
should die, your majesty's choice and pleasure
may be very well attended. Only I should think
fit, under your majesty's correction, that such of
your lord lieutenants as do not attend your person
were commanded to abide within their countries
respectively.
For grants, if there were a longer cessation, I
think your majesty will easily believe it will do
no hurt. And yet if any be necessary, the con-
tinual despatches will supply that turn.
That which is chiefly considerable is proclama-
tions, which all do require your majesty's signa-
ture, except you leave some warrant under your
great seal to your standing council here in London.
It is true I cannot foresee any such case of such
sudden necessity, except it should be the apprehen-
sion of some great offenders, or the adjournment
of the term upon sickness, or some riot in the
city, such as hath been about the liberties of the
Tower, or against strangers, &c. But your
majesty, in your great wisdom, may perhaps
think of many things that I cannot remember or
foresee: and therefore it was fit to refer those
things to your better judgment.
Also my lord chancellor's age and health is
such as it doth not only admit, but require the
accident of his death* to be thought of, which
may fall in such a time as the very commissions
of ordinary justice beforementioned, and writs,
which require present despatch, cannot well be
put off. Therefore your majesty may be pleased
to take into consideration, whether you will not
have such a commission as was prepared about
this time twelvemonth in my lord's extreme sick-
ness, for the taking of the seal into custody, and
for the seal of writs and commissions for ordinary
justice, till you may advise of a chancellor or
keeper of the great seal.
Your majesty will graciously pardon my care,
which is assiduous ; and it is good to err in caring
even rather too much than too little. These
things, for so much as concerneth forms, ought to
proceed from my place, as attorney, unto which
you have added some interest in matter, by
making me of your privy council. But for the
main they rest wholly in your princely judgment,
being well informed; because miracles are ceased,
though admiration will not cease while yon live.
Endorsed,
February 21, 1616.
ACCOUNT OF COUNCIL BUSINESS.
For remedy against the infestation of pirates,
than which there is not a better work under heaven,
and therefore worthy of the great care his majesty
hath expressed concerning the same, this is done :
First, Sir Thomas Smith* hath certified in
• or Biboroujch in Kent, second son of Thomas Smith, of
Ostenhanger, of that county, Esq. He had farmed the cus-
toms in the reign of Queen Elizabeth, and was sent by King
James I. ambassador to the court of Russia, in March, 1604;
from whence returning, he was made governor of the society
of merchants trading to the East Indies, Muscovy, the French
and Humm«*r Inlands ; and treasurer for the colony and com-
Vol. II.— 68
writing, on the behalf of the merchants of London,
that there will be a contribution of twenty thou-
sand pounds a year, during two years' space,
towards the charge of repressing the pirates;
pany of Virginia. He built a magnificent house »t ^ptford,
which was burnt on the 30th of January, 1018 ; and in April,
1019, he was removed from his employments of governor and
treasurer, upon several complaints of frauds committed by
him
♦ He died at the age of seventy, on the 15th of March,
lelo-7, having resigned the great seal on the third of that
month ; which was given on the 7th to Sir Francis Bacon.
537
538
ACCOUNT OF COUNCIL BUSINESS.
wherein we do both conceive that this, being as
the first offer, will be increased. And we con-
sider, also, that the merchants of the west, who
have sustained in proportion far greater damage
than those of London, will come into the circle,
and follow the example; and for that purpose
letters are directed unto them.
Secondly, for the consultation de modo of the
arming and proceeding against them, in respect
that my lord admiral* cometh not yet abroad,
the table hath referred it to my lord treasurer,!
the Lord Carew,^: and Mr. Chancellor of the
Exchequer^ who heretofore hath served as trea-
surer of the navy, to confer with the lord admiral,
calling to that conference Sir Robert Mansell,
and others expert in sea service, and so to make
report unto the board. At which time some prin-
cipal merchants shall likewise attend for the
lords' better information.
So that, when this is done, his majesty shall
be advertised from the table; whereupon his
majesty may be pleased to take into his royal
consideration, both the business in itself, and as
it may have relation to Sir John Digby's embas-
sage.
For safety and caution against tumults and dis-
orders in and near the city, in respect of some
idle flying papers, that were cast abroad of a May-
day, &c. the lords have wisely taken a course
neither to nurse it or nourish it by too much ap-
prehension, nor much less to neglect due provision
to make all sure. And therefore order is given,
that as well the trained bands as the military
bands newly erected shall be in muster as well
weekly, in the mean time, on every Thursday,
which is the day upon which May-day falleth, as
in the May-week itself, the Monday, Tuesday,
Wednesday, and Thursday. Besides that, the
strength of the watch shall that day be increased.
For the buildings in and about London, order
is given for four selected aldermen and four
! selected justices to have the care and charge
, thereof laid upon them ; and they answerable for
: the observing of his majesty's proclamation, and
for stop of all farther building; for which pur-
poses the said Eslus are warned to be before the
board, where they shall receive a strait charge,
and be tied to a continual account
For the provost's marshals there is already
direction given for the city and the counties ad-
jacent ; and it shall be strengthened with farther
commission, if there be cause.
For the proclamation that lieutenants, (not be-
ing counsellors,) deputy lieutenants, justices of
the peace, and gentlemen of quality should depart
the city, and reside in their countries, we find the
city so dead of company of that kind for the pre-
sent, as we account it out season to command that
which is already done. But after men hare
attended their business the two next terms, in the
end of Trinity term, according to the custom,
when the justices shall attend at the Star Cham-
ber, I shall give a charge concerning the same;
and that shall be corroborated by a proclamation,
if cause be.
For the information given against the Wither-
ingtons, that they should countenance and abet
the spoils and disorders in the middle shires, we
find the informers to falter and fail in their
accusation. Nevertheless, upon my motion, the
table hath ordered, that the informer shall attend
one of the clerks of the council, and set down
articulately what he can speak, and how he can
prove it, and against whom, either the Withering-
tons or others.
For the causes of Ireland, and the late letters
from the deputy,* we have but entered into them,
and have appointed Tuesday for a farther consul-
tation of the parae ; and, therefore, of that subject
I forbear to write more for this present.
Endorsed,
March 30, 1617. Jin account of Council Burincu.
AN ACCOUNT OF COUNCIL BUSINESS,
AND OF OTHER MATTERS COMMITTED TO ME BY HIS MAJESTY.
First, for May-day, at which time there was
great apprehension of tumult by apprentices and
loose people. There was never such a still.
The remedies that did the effect were three.
* Charles Howard, Earl of Nottingham,
t Thomas Howard, Earl of Suffolk.
t George, Lord Carew, who had been president of Munster,
In Ireland, and was now roaster of the ordnance. He was
created Earl of Totness by King Charles I., in 1696.
* Sir Fulk OrevUe.
First, the putting in muster of the trained bands
and military bands in a brave fashion that way.
Next, the laying a strait charge upon the mayor
and aldermen for the city, and justices of the
peace for the suburbs, that the apprentices and
others might go abroad with their flags and other
gaudcries, but without weapon of shot and pike,
as they formerly took liberty to do ; which charge
• Sir Oliver St. John, afterwards Viscount Grandisoa.
ACCOUNT OF COUNCIL BUSINESS.
539
was exceedingly well performed and obeyed.
And the last was, that we had, according to our
warrant dormant, strengthened our commissions
of the peace in London and Middlesex with new
clauses of lieutenantcy ; which, as soon as it was
known abroad, all was quiet by the terror it
wrought. This I write because it maketh good
my further assurance I gave his majesty at his
first removes, that all should be quiet, for which I
received his thanks.
For the Irish affairs, I received this day his
majesty's letters to the lords, which we have not
yet opened, but shall sit upon them this afternoon.
I do not forget, besides the points of state, to put
my lord treasurer in remembrance that his majesty
laid upon him the care of the improvement of the
revenue of Ireland by all good means, of which I
find his lordship very careful, and I will help
him the best I can.
The matter of the revenue of the recusants here
in England I purpose to put forward by a con-
ference with my Lord of Canterbury, upon whom
the king laid it, and upon Secretary Win wood ;
and because it is a matter of the exchequer, with
my lord treasurer and Mr. Chancellor, and after to
take the assistance of Mr. Attorney and the learned
counsel, and when we have put it in a frame, to
certify his majesty.
The business of the pirates is, I doubt not, by
this time come to his majesty upon the letters of
us the commissioners, whereof I took special care.
And I must say I find Mr. Vice-Chamberlain a
good able man with his pen. Bat to speak of the
main business, which is the match with Spain,
the king knows my mind by a former letter ; that
I would be glad it proceeded with a united
counsel ; not but that votes and thoughts are to
be free. But yet, after a king hath resolved, all
men ought to co-operate, and neither to be active nor
much loquutivt in oppositum ; especially in a case
where a few dissenting from the rest may hurt the
business 'mforofamx.
Yesterday, which was my weary day, I bid all
the judges to dinner, (which was not used to be,)
and entertained them in a private withdrawing
chamber, with the learned counsel. When the
feast was passed, I came amongst them, and set
me down at the end of the table, and prayed them
to think I was one of them, and but a foreman. I
told them I was weary, and therefore must be
short, and that I would now speak to them upon
two points. Whereof the one was, that I would
tell them plainly, that I was firmly persuaded,
that the former discords and differences between
the chancery and other courts were but flesh and
blood ; and that now the men were gone, the
matter was gone; and that, for my part, as I
would not suffer any the least diminution or dero-
gation from the ancient and due power of the
chancery, so, if any thing should be brought to
them at any time, touching the proceedings of
the chancery, which did seem to them exorbitant,
or inordinate; that they should freely and friendly
acquaint me with it, and we should soon agree ;
or if not, we had a master that could easily both dis-
cern and rule. At which speech of mine, besides a
great deal of thanks and acknowledgment, I did
see cheer and comfort in their faces, as if it were
a new world.
The second point was, that I let them know
how his majesty at his going gave me charge
to call and receive from them the accounts of
their circuits, according to his majesty's former
prescript, to be set down in writing. And that I
was to transmit the writings themselves to his
majesty, and, accordingly, as soon as I have re-
ceived them, I will send them to his majesty.
Some two days before I had a conference with
some judges, (not all, but such as I did choose,)
touching the high commission, and the extending
of the same in some points, which I see I shall be
able to despatch by consent, without his majesty's
further trouble.
I did call upon the committees also for the pro-
ceeding in the purging of Sir Edward Coke's Re-
ports, which I see they go on with seriously.*
Thanks be to God, we have not much to do
for matters of counsel ; and I see now that his
majesty is as well able by his letters to govern
England from Scotland, as he was to govern
Scotland from England.
* Daring the time that my Lord Chief Justice Coke lay
under the displeasure of the court, for the reasons I have
mentioned in the Discourse preceding these letters, some
information was given to the king, that he, having published
eleven books of Reports, had written many things against
his majesty's prerogative. And, being commanded to ex-
plain some of them, my Lord Chancellor Ellesmere doth,
thereupon, in his letter of 93d of October, 1610, write thus
to the king : According to your majesty's directions signified
unto me by Mr. Solicitor, I called the lord chief Justice before
me on Thursday, the 17th instant, in the presence of Mr.
Attorney and others of your learned counsel. I did let him
know your majesty's acceptance of the few animadversions
which, upon review of his own labours, he had sent,
though fewer than you expected, and his excuses other
than you expected. And did at the same time inform
him, that his majesty was dissatisfied with several other
passages therein; and those not the principal points of
the cases judged, but delivered by way of expatlatlon, and
which might have been omitted without prejudice to the
judgment: of which sort the attorney and solicitor-general
did for the present only select five, which being delivered to
the chief justice on the 17lh of October, he returns his an-
swers at large upon the 91st of the same month, the which I
have seen under bis own hand. It is true, the lord chancellor .
wished he might have been spared all service concerning the
chief justice, as remembering the fifth petition of dimitte no-
bin debita nostra, &c. Insomuch that, though a committee of
judges was appointed to consider these books, yet the matter
seems to have slept, till after Sir Francis Bacon was made
lord keeper, it revived, and two judges more were added to
the former. Whereupon, Sir Edward Coke doth, by his let-
ter, make his humble suit to the Earl of Buckingham, —
1. That if his majesty shall not be satisfied with his former
offer, viz. by the advice of the Judges to explain and publish
those points, so as no shadow may remain against his prero-
gative ; that then all the judges of England may be called
thereto. 9. That they might certify also what cases he had
published for his majesty's prerogative and benefit, for the
good of the church, and quieting men's inheritances, and foot
of the commonwealth. Bat Sir Edward being then ,or noon
A DRAUGHT OF AN ACT
AGAINST
A USURIOUS SHIFT OF GAIN, IN DELIVERING COMMODITIES INSTEAD OF
MONEY.
Wherias it is a usual practice, to the undoing
and overthrowing many young gentlemen, and
others, that when men are in necessity, and desire
to borrow money, they are answered, that money
cannot be had, but that they may have commodi-
ties sold unto them upon credit, whereof they
may make money as they can : in which course
it ever comes to pass, not only that such com-
modities are bought at extreme high rates, and
sold again far under foot to a double loss ; but
also that the party which is to borrow is wrapt in
bonds and counter-bonds; so that upon a little
money which he received*, he is subject to penal-
ties and suits of great value.
Be it therefore enacted, by the authority of this
present Parliament, that if any man, after forty
days from the end of this present session of Par-
liament to be accounted, shall sell in gross sale
any quantity of wares or commodities unto such a
one as is no retailer, chapman, or known broker
of the same commodities, and knowing that it is
bought to be sold again, to help and furnish any
person, that tradeth not in the same commodity,
with money, he shall be without all remedy by
law, or custom, or decree, or otherwise, to recover
or demand any satisfaction for the said wares or
commodities, what assurance soever he shall
have by bond, surety, pawn, or promise of the
party, or any other in his behalf. And that all
bonds and assurances whatsoever, made for that
purpose directly or indirectly, shall be utterly void.
And be it further enacted, by the authority
aforesaid, that every person, which shall after the
time aforesaid be used or employed as a broker,
mean, or procurer, for the taking up of such com-
modities, shall forfeit for every such offence the
sum of one hundred pounds, the same to be
and shall be farther punish-
ed by six months' imprisonment, without bail or
mainprise, and by the pillory.
A PROPOSITION
roa THB
REPRESSING OF SINGULAR COMBATS OR DUELS,
IN THE HANDWRITING OF SIR FRANCIS BACON.
First, for the ordinance which his majesty
may establish herein, I wish it may not look back
after, coming Into flavour by the marriage of his daughter, 1
conceive there was no farther proceedings In this affair. It
will be needless for me to declare what reputation these
books have among the professors of the law ; but I cannot
omit, upon this occasion, to take notice of a character Sir
Francis Bacon had some time before given them, in bis pro-
position to the king touching the compiling and amendment of
the laws of England. " 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 resolu-
tions more than are warranted, yet they contain Infinite
good decisions and rulings over of cases, the law by this
time had been almost like a ship without ballast ; for, that the
cases of modern experience are fled from those that are ad-
Judged and ruled In former time."
to any offence past, for that strikes before it
warns. I wish also it may be declared to be
temporary, until a Parliament ; for that will be
very acceptable to the Parliament ; and it is good
to teach a Parliament to work upon an edict or
proclamation precedent.
For the manner, I should think fit there be
published a grave and severe proclamation, in-
duced by the overflow of the present mischief.
For the ordinance itself: first, I consider that
offence hath vogue only amongst noble per-
sons, or persons of quality. I consider also that
the greatest honour for subjects of quality in a
lawful monarchy, is to have access and approach
MO
OP THE NEW COMPANY.
541
to their sovereign's tight and person, which is the
fountain of honour: and though this be a comfort
all persons of quality do not use ; yet there is no
good spirit but will think himself in darkness, if
he be debarred of it. Therefore I do propound,
that the principal part of the punishment be, that
the offender, in the cases hereafter set down, be
banished perpetually from approach to the courts
of the king, queen, or prince.
Secondly, That the same offender receive a
strict prosecution by the king's attorney, ore
tcnus, in the Star Chamber; for the fact being
notorious, will always be confessed, and so
made fit for an ore tenus. And that this prose-
cution be without respect of person, be the
offender never so great; and that the fine set be
irremissible.
I Lastly, For the causes, that they be these fol-
lowing :
1. Where any singular combat, upon what
quarrel soever, is acted and performed, though
death do not ensue.
2. Where any person passeth beyond the seas,
with purpose to perform any singular combat,
though it be never acted.
3. Where any person sendeth a challenge.
4. Where any person accepteth a challenge.
5. Where any person carrieth or delivereth a
challenge.
6. Where any person appointeth the field,
directly, or indirectly, although it be not upon
any cartel or challenge in writing.
7. Where any person accept to be a second in
any quarrel.
ADVICE TO THE KING.
FOR REVIVING THE COMMISSION OF SUITS.
That which for the present I would have
spoken with his majesty about, was a matter
wherein time may be precious, being upon the
tenderest point of all others. For though the
particular occasion may be despised, (and yet no-
thing ought to be despised in this kind,) yet the
counsel thereupon I conceive to be most sound
and necessary, to avoid future perils.
There is an examination taken within these
few days by Mr. Attorney, concerning one Bayn-
tan, or Baynham, (for his name is not yet certain,)
attested by two witnesses, that the said Bayntan,
without any apparent show of being overcome
with drink, otherwise than so as might make him
less wary to keep secrets, said that he had been
lately with the king, to petition him for reward
of service ; which was denied him. Whereupon
it was twice in his mind to have killed his
majesty. The man is not yet apprehended, and
said by some to be mad, or half mad ; which in
my opinion, is not the less dangerous ; for such
men commonly do most mischief; and the man-
ner of his 8 peaking imported no distraction. But
the counsel I would out of my care ground here-
upon, is, that his majesty would revive the com-
mission for suits, which hath been now for these
three years or more laid down. For it may
prevent any the like wicked cogitations, which
the devil may put into the mind of a roarer or
swaggerer upon a denial: and, besides, it will
free his majesty from much importunity, and
save his coffers also. For I am sure when I was
a commissioner, in three whole years' space there
passed scarce ten suits that were allowed. And
I doubt now, upon his majesty's coming home
from this journey, he will be much troubled with
petitions and suits, which maketh me think this
remedy more seasonable. It is not meant, that
suits generally should pass that way, but only
such suits as his majesty would be rid on.
Endorsed,
September SI, 1617,— 7b revive the eommimonef
tuiU, For the King,
REASONS
WHY THE NEW COMPANY 18 NOT TO BE TRUSTED AND CONTINUED WITH THE
TRADE OF CLOTHE8.
First, The company consists of a number of ] and fine clothes, but only meddle with the coarse
young men shopkeepers, which not being bred in
the trade, are fearful to meddle with any of the dear
HUW »«»«^ „.w— .— — , — ^
clothes, which is every man's skill ; and, besides,
having other trades to live upon, they come in the
2Z
642
OF THE NEW COMPANY.
sunshine so long; as things go well, and as soon
as they meet with any storm or cloud, they leave
trade, and go back to shopkeeping. Whereas
the old company were beaten traders, and having
no other means of living but that trade, were fain
to ride out all accidents and difficulties, which (be-
ing men of great ability) they were well able to do.
Secondly, These young men being the major
part, and having a kind of dependence upon
Alderman Cockaine, they carry things by plurali-
ty of voices. And yet those few of the old com-
pany which are amongst them do drive almost
three parts of the trade ; and it is impossible
things should go well, where one part gives the
vote, and the other doth the work ; so that the
execution of all things lies chiefly upon them that
never consented, which is merely motus viokntus,
and cannot last.
Thirdly, The new company make continually
such new springing demands, as the state can
never be secure nor trust to them, neither doth it
seem that they do much trust themselves.
Fourthly, The present stand of cloth at Black-
well-hall (which is that that presseth the state
most, and is provided for but a temporary and
weak remedy) is supposed would be presently at
an end, upon the revivor of the old ; in respect that
they are able men and united amongst themselves.
Fifthly, In these cases, opinio tstvcritaU major,
and the very voice and expectation of revivor of
the old company will comfort the clothiers, and
encourage them not to lay down their looms.
Sixthly, The very Flemings themselves (in
regard of the pique they have against the new
company) are like to be more pliant and tractable
towards his majesty's ends and desires.
Seventhly, Considering the business hath not
gone on well ; his majesty must either lay the
fault upon the matter itself, or upon the persons
that have managed it; wherein the king shall best
acquit his honour, to lay it where it is indeed ;
that is, upon the carriage and proceedings of the
new company, which have been full of uncertain-
ty and abuse.
Lastly, The subjects of this kingdom generally
have an ill taste and conceit of the new company ;
and therefore the putting of them down will dis-
charge the state of a great deal of envy.
MISCELLANEOUS TRACTS.
[TRANSLATED FROM THE LATIN.]
OF THE INTERPRETATION OP NATURE.
XII. SENTENCES.
Of the Condition of Man.
1. Man, the servant and interpreter of nature,
docs and understands as much, as he shall
really or mentally observe of the order of nature,
himself meanwhile enclosed around by the laws
of nature.
2. The limit, therefore, of human power and
knowledge, is in the faculties, with which man
is endowed by nature for moving and perceiv-
ing, as well as in the state of present things.
For beyond these bases, those instruments
avail not.
3. These faculties, though of themselves weak
and inept, are yet capable, when properly and
regularly managed, of setting before the judgment
and use things most remote from sense and action,
and of overcoming greater difficulty of works
and obscurity of knowledge, than any one hath
yet learned to wish.
4. Truth is one, interpretation one ; but sense
is oblique, the mind alien, the matter urgent; yet
the work itself of interpretation is devious rather
than difficult.
Of the Impediments cf Interpretation.
5. Whoever, unable to doubt, and eager to
affirm, shall establish principles proved, (as ho
believes,) conceded, and manifest, and, according
to the unmoved truth of these, shall reject or re-
ceive others as repugnant or favourable ; he shall
exchange things for words, reason for insanity,
the world for a fable, and shall be incapable of
interpreting.
6. He who hath not mixed, confounded, and
reduced into a mass, all distinction of things,
which appears in the commonly established
species, and the names imposed, shall not see the
unity of nature, nor the legitimate lines of things,
and shall not be able to interpret.
7. He who hath not first, and before all, inti-
mately explored the movements of the human
mind, and therein most accurately distinguished
the course of knowledge and the seats of error,
shall find all things masked and, as it were, en-
chanted, and, till he undo the charm, shall be
unable to interpret.
8. He who is occupied in inquiring into the
causes of things obvious and compound, as flame,
dreams, fever, and doth not betake himself to
simple natures ; first, to those which are popu-
larly esteemed such ; next, to those which by art
are reduced and, as it were, sublimed to truer
simplicity, he shall, perhaps, if in the rest he err
not, add to inventions some things not to be con-
temned, and next to inventions. But he shall
effect nothing against the greater secularises
of things, nor shall he be named an interpreter.
Of the Qualities cf the Interpreter.
9. Let him who comes to interpret thus prepare
and qualify himself; let him not be a follower of
novelty, nor of custom or antiquity; neither let
him embrace the license of contradicting or the
servitude of authority. Let him not be hasty to
affirm or unrestrained in doubting, but let him
produce every thing marked with a certain degree
of probation. Let hope be the cause of labour
to him, not of idleness. Let him estimate things
not by their rareness, difficulty, or credit, but by
their real importance. Let him manage his pri-
vate affairs under a mask, yet with some regard
for the provisions of things. Let him prudently
observe the first entrances of errors into truths,
and of truths into errors, nothing contemning or
admiring. Let him know the advantages of
his nature; and let him humour the nature of
others, for no man is angry with the stone that is
643
644
INTERPRETATION OF NATURE.
striking him. Let him, as it were, with one eye
scan the natures of things ; with the other, the
uses of mankind. Of words let him distinctly
know the mixed nature, which especially partakes
of advantage and of inconvenience. Let him
determine that with inventions the art of invent-
ing grows. Also, let him not be vain in conceal-
ing or in setting forth the knowledge which he
hath obtained, bat ingenuous and prudent, and
let him commend his inventions, not ambitiously
or spitefully, but first in a manner most vivid and
fresh, that is, most fortified against the injuries
of time, and most powerful for the propagation
of science, then least capable of begetting errors,
and, above all, such as may procure him a legiti-
mate reader.
Of the Duty of the Interpreter.
10. Thus qualified and prepared, let the inter-
preter, proceed in this way. He will consider
the condition of man, and remove the impedi-
ments of interpretation; then, girded up for his
work, he will prepare a history and regular series
of tables, at the same time appointing their uses,
co-ordinations, occurrences, and appendages. He
will exhibit the solitude of things and their
resemblance of each other. He will also make a
selection of things, and those which are most
primitive or instant, that is, conduce especially to
the invention of other things, or to human wants,
he will place first in order. He will also observe
the pre-eminences of instances, which can do
much to shorten his work. And thus furnished,
he will at length maturely and happily undertake
and complete rearrangements and new tables, and
the interpretation itself now easy and following
apontaneonsly, nay, almost as if snatched away
from the mind. Which, when he shall have
accomplished, he will immediately perceive and
number, in their pure and native light, the true,
eternal, and simplest motions of nature, from the
ordinate and well adjusted progress of which
arises all this infinite variety, both of the present
and of all ages. And meanwhile from the begin-
ning of his work he will not fail to receive con-
stantly, as interest, for human affairs many things
and unknown. But from hence again, altogether
directing himself to and intent upon the uses of
mankind, and the present state of things, he will,
in diverse ways, dispose and arrange the whole
for action. To natures the most secret he will
assign others explanatory, and to the most absent
others superinductory. And then at last, like a
second nature, he will institute generalities, the
errors of which may be accounted monsters,
yet also saving to himself the prerogative of
his art.
Of the Provision of Thing*.
11. But thou receivest these things with lan-
guid hope and zeal, my son, and wonderest, if
there remains such store of works most fruitful
and altogether unknown, that they have not
before this time, or now suddenly, been disco-
vered ; at the same time thou inquirest what they
are by name, and promisest to thyself immortali-
ty, or freedom from pain, or transporting pleasure.
But thou bestowest liberally upon thyself, my
son, and wilt hunt after hope from knowledge, as
from ignorance thou didst begin to hunt despair.
Is it also by art, that the work must be adopted.
Yet, as far as may be, I shall satisfy thy doubt,
and obey thee. That these things are suddenly
known, my son, is no wonder. Knowledge is of
quick, time of tardy birth. Also the noble things
which were invented before these, were not by
the light of former knowledge gradually invented,
but by chance, (as they say,) abundantly. But
in things mechanical there is a certain extension
of what is already invented, which yet deserves
not the name of new invention. The way is not
long, my son, but ambiguous. Yet, when I say
that these things have not come to view before
this time, hast thou ascertained, how much was
known to all antiquity, or in all countries, or
even to single individuals. But I almost agree
with thee, my son, and will lead thee higher by
the hand. Thou doubtest not but that if men
had never existed, many of the things which are
made by art (as they say) would have been
wanting, as marble statues, clothes. But now, and
men, have not they too their motions which they
obey? Truly, my son, more subtle, and mora
difficult to comprehend by knowledge, yet equally
certain. Indeed, you will say, men obey their
will. I hear, but this is nothing. Such a cause
as fortune is in the universe, such is the will in
man. If any thing therefore is produced, yet not
without man, and lies also beyond the ways of
man, is it not equal to nothing? Man lights
upon certain inventions which, as it were, present
themselves, others he attains to by foreseeing the
end and knowing the means. The knowledge
of the means however he derives from things ob-
vious. In which number then shall be placed
those inventions which from things obvious re-
ceive neither obvious effect nor method and light
of operations ? Such works are called Episte-
mides, or daughters of science, which do not
otherwise come into action than by knowledge
and pure interpretation, seeing they contain
nothing obvious. But between these and the
obvious now many degrees thinkest thou are
numbered ? Receive, my son, and seal.
12. In the last place, my son, I counsel thee,
as is especially necessary, with an enlightened
and sober mind to distinguish the interpretation
of things divine and things natural, and not to
suffer these in any way to be mingled together.
Errors enough there are in this kind. Nothing is
learned here unless by the similitudes of things to
each other : which, though they seem most dis-
CHAPTER SECOND.
INTERPRETATION OF NATURE. 545
similar, do yet contain a genuine similitude known fling which pertain to the legitimate mode of
to the interpreter. But God is as similar to thee, communicating knowledge 1 Do they seem to
and without a figure. Wherefore, expect from thee so free and easy, that the method is innocent,
hence no sufficient light for the knowledge of that it affords no handle or occasion for error ?
him. Give faith to what is of faith. that it has a certain inherent and innate power of
; conciliating belief and repelling the injuries of
time, so that knowledge thus delivered, like a
CHAPTER FIRST. plant full of life's freshness, may spread daily
. and grow to maturity? that it will set apart for
Legitimate Mode of Delivering. i|ielf. and> ag u wer6j adopt a legitimate reader t
I perceive, my son, that many, in bringing And, whether I shall have accomplished all this
forward, or, on the other hand, in concealing the or not, I appeal to future time,
knowledge of things which they conceive them-
selves to have attained, do noways conduct
themselves according to their credit and duty.
With equal detriment, though perhaps with less I
blame, do those also offend, who, though of ex- But, plainly, I dissemble not, my son, that in
cellent qualifications, are yet imprudent, and pos- , some way I roust remove those philosophasters,
Bess no art or precepts concerning the several , fuller of fables than the very poets, the ravish era
modes of propounding things. Yet need we not of minds, falsifiers of things ; and much more,
make complaint regarding this malignity or igno- also, their satellites and parasites, that professo-
rance in the teachers of knowledge. If, indeed, rial and money-gaming crowd : who dictates the
through the nnskilfulness of teaching they were 8ong, that I may devote them to oblivion? For,
to destroy the importance of things, one might be what silence can there be for truth, when they are
angry not without cause ; but we ought to con- thus clamorous with their brutish and inarticulate
eider that the importunity of teaching doth even ' reasons ? But, perhaps, it were safer to condemn
by right belong to the impertinences of things. ' them by name, lest, while they flourish with such
But far different from these, when I am going to ! authority, if not named they may seem to be
impart to thee, not the fictions of ingenuity, nor j excepted, or lest any might conceive, seeing such
the shadows of words, or the devotion mingled severe and mortal hatred at work amongst them,
therewith, nor certain popular observations, or ' and such contentions, that I were sent to these
certain noble experiments trimmed up into fables battles of larves and shadows to give assistance
of theory, but in truth to bind and make over to the other side. Let us, then, summon Aristotle,
unto thee nature with her offspring; does the ar- j worst of sophists, crazed with useless subtlety,
gument I have before me seem worthy of being , base laughing-stock of words. At a time when
polluted by the ambition or ignorance or faulti- j the human mind, carried by some chance as by
ness of any sort with which it is treated ? May j favourable weather to somewhat of truth, did rest,
I be such, my son, and may I so extend to its he ventured to lay the severest shackles on the
given limits the narrowness, never enough la-
mented, of man's empire over the universe,
mind, and to compose a kind of art of insanity,
and to bind us to words. Nay, also, out of
(which, of things human, is my sole wish,) that his bosom have been produced and nourished
most faithfully and from the deepest providence those most cunning prattlers, who, when they
of my mind, and the well explored state of things had turned away from all perambulation of this
and of minds, I may deliver these to thee in the earth, and from all light of things and of history,
most legitimate mode of all. But now, which exhibited to us, chiefly from the exceeding ductile
(thou wilt say) is that legitimate mode 1 Dismiss materials of his precepts and positions, and from
all art and circumstance, exhibit the matter naked the unquiet agitation of their own ingenuity, the
to us, that we may be enabled to use our judg- manifold sweepings of the schools. But this
ment. And would that you were in a condition, their dictator is so much the more to blame than
dearest son, to admit of this being done. Thinkest they, sinco even when engaged in the evident
thou that, when all the accesses and motions of . things of history, he brought back the darkest
all minds are besieged and obstructed by the ob- , idols of some subterranean den; and erected even
scurest idols deeply rooted and branded in, the ' upon the history itself of particular things certain
sincere and polished areas present themselves in works as of spiders, which he wished to seem
the true and native rays of things ? A new causes, whereas they are utterly without strength
method must be entered upon, by which we may or value. Such also in our times hath Geronimo
glide into minds the most obstructed. For, as the Cardano constructed, both at variance with things
delirium of phrenetics is subdued by art and and with himself. Yet, augur not, my son, that
ingenuity, but by force and contention raised to while I entertain this opinion against Aristotle, I
fury ; so, in this universal insanity we mu9t use have conspired with his rebel, a certain Pierre
moderation. What? Are these conditions tri- Ramus. No commerce have 1 with this nest of
Vol. II.— 69 2 z 2
546
INTERPRETATION OF NATURE.
ignorance, most pernicious moth of letters, who
twists and presses things with the chains of his
method and compendium, till the things, indeed,
if any there be, escape altogether and leap out;
but he himself grasps the arid and most deserted
trifles. And Aquinas, indeed, with Scotus and
his fellows, contrived a variety of things, even
when their subjects were nonentities; but this
man hath, even on subjects having real existence,
produced the vacuity of nonentity. And although
he is such a man, yet doth he impudently talk of
uses to mankind, so that even when compared
with the sophists he seems to prevaricate. But
let us dismiss these. And now let Plato be sum-
moned, that polite caviller, tumid poet, insane
theologian. And, surely, when thou wast filing
and putting together I know not what philosophic
rumours, and simulating knowledge by dissem-
bling it, and tempting and loosening men's minds
with vague inductions, thou mightest either have
ministered discourses to the feasts of literate and
polite men, or also grace and love to ordinary
discourses. But, when thou didst counterfeit
truth, which is as it were the indigenous inha-
bitant of the human mind,, migrating from no-
where else, and didst turn aside our minds, which
are never sufficiently applied and brought back to
history and to things themselves, and teach them
to enter into themselves, and under the name of
contemplation to wallow amid their blind and
most confused idols, thou didst then commit a
capital offence. And afterwards, with scarcely
less naughtiness, didst thou introduce an apo-
theosis of folly, and dare to defend with religion
thy meanest cogitations. For it is a slighter evil
that thou hast been the parent of philologere, and
that under thy guidance, and the auspices of thy
manifold genius, ensnared and satisfied with fame
and the popular and smooth jucundity of the
knowledge of things, they did corrupt the severer
investigation of truth. Among these were Marcus
Cicero, and Annasus Seneca, and Plutarch of
Chaeronea, and many others nowise equal to
these. Let us now proceed to physicians. I see
Galen, a man of the narrowest mind, a forsaker
of experience, and a most vain pretender. Art
not thou he, Galen, who took away even the
infamy of ignorance and indolence in physicians,
and put them in safety, the most sluggish de finer
of their art and duty ? who, by declaring so many
disorders to be incurable, proscribest so many of
the sick, cutting off their hope and the industry
of physicians. O, dogstar! O, pestilence ! Ea-
gerly seizing and displaying thy fiction of mix-
ture, the prerogative of nature, and thy sedition
between the heat of stars and of fire, deceitfully
reducest human power to order, and seekest to
defend for ever thy ignorance by despair. Thou
art unworthy to be longer detained. Thoumayest
also take away with thee thy fellows and con-
federates, the Arabians, the framers of dispensa-
tories, who, in theories as madly as the rest,
did, more copiously indeed, from the supinest
conjectures, compound the promises rather than
the aid 3 of vulgar medicines. Take also thy
companions the careless crowd of moderns. Ho !
Nomcnclator, call them. But he replies, they
are unworthy of having their names preserved by
him. As, however, I recognise certain grades
among trifiers of this kind, the worst and most
absurd sort are those who in method and accurate
discussion comprehend universal art, and are
usually applauded for their elocution and arrange-
ment ; such is Fernelius. Those do less harm,
who display a greater variety and propriety of
observations, though deluded with and immersed
in the most foolish pretences; as Arnold us de
Villa Nova, and others the like sort. I perceive,
on the other side, the cohort of chymists, among
whom Paracelsus boasts himself above the rest;
who by his audacity merits separate correction.
What oracles of Bacchus dost thou pour out
in thy new meteorics, thou rival of Epicurus!
Yet he, as if asleep, or doing something else,
did in this matter as it were commit his opi-
nions to fate. Thou, more foolish than any fate,
art ready to swear to the words of the absurdest
falsehood. But let us see thy other works. What
mutual imitations of the fruits of thy elemental
what correspondencies ; what parallels dreamest
thou, 0 fanatical joiner of idols ! for thou hast
made man indeed a pantomime. Yet, how
notable are those interpunctions, thy species
namely, by which thou hast broken the unity of
nature. Wherefore I can better endure Galen
weighing his elements, than thee adorning thy
dreams. For the occult properties of things ex-
cite him, but thee the common and promiscuous
qualities. Meanwhile, unhappy we, that dwell
amid such odious impertinences ! But how eagerly
this most skilful impostor inculcates the triad of
principles, a fiction not altogether useless, and
somewhat allied to things! Hear still graver
charges ! By mingling things divine with things
natural, profane and sacred, heresies with fables,
thou hast polluted (O, sacrilegious impostor!)
truth, both human and religious. The light of
nature (whose most sacred name thou so often
usurpest with impure mouth) thou hast not hid,
like the sophists, but extinguished. They were
the deserters of experience, thou the betrayer.
Subjecting by rule the crude and masked evidence
of things to contemplation, and seeking the Pro-
teases of substances according to the computations
of motions, thou hast endeavoured to corrupt the
fountains of knowledge, and to strip the human
mind ; and thou hast increased with new and ad-
scititious windings and tediousness of experi-
ments, those to which the sophists were averse,
and the empirics unequal ; so far art thou from
having followed or known the representation of
experience. And also the boastings of the Magi
INTERPRETATION OF NATURE.
547
thou hast everywhere done thy utmost to amplify,
forcing the most importunate cogitations by hope,
and hope by promises, at once the contriver and
the work of imposture. Among thy followers,
Paracelsus, I envy thee none but Petrus Severinus,
a man not deserving to spend his life amid such
impertinences. Surely thou art much indebted
to him, Paracelsus, because he rendered the things
which thou (O, adopted of asses) used to bray,
harmonious and pleasant, by a certain melody and
modulation, and most agreeable diversity of words,
converting the odiousness of falsehoods into the
delights of fable. Yet I pardon thee, Severinus,
if, weary of the learning of sophists, which is not
only fruitless, but professedly courteth despair,
thou soughtest other supports for our decaying
affairs. And when those pretensions of Paracelsus
presented themselves, commended by the procla-
mations of ostentation, and the subterfuges of ob-
scurity, and the affinities of religion, and other
adornments, thou didst surrender thyself with a
certain impulse of indignation to these, not foun-
tains of things, but openings of hope. Thou
would st have acted rightly and in order, if from
the maxims of ingenuity thou hadst turned to the
decrees of nature, which would have held out to
thee not only art short, but also life long. And
now, having passed sentence against Paracelsus,
I perceive the rest of the chymists fixed in asto-
nishment. They immediately acknowledged his
decrees, which he himself promulgated rather than
established, and fortified by arrogance, (plainly
not after the ancient discipline,) instead of cau-
tion; when, indeed, these men, reconciled to each
by much reciprocation of lying, everywhere hold
forth abundant hope, and, wandering through the
by-ways indeed of experience, do at times, by
chance, not conduct, hit upon some things useful.
Yet in their theories they (as disciples of the fur-
nace) have not withdrawn from their art. But,
as that wanton youth, when he discovered a boat
upon the shore, sought to build a ship ; so these
coalmen, from a few experiments of distillations,
have attempted to erect a philosophy, which is
everywhere obnoxious to those most absurd idols
of separations and liberations. Yet I count them
not all alike ; forasmuch as there is a useful sort
of them, who, not very solicitous about theories,
do by a kind of mechanic subtlety lay hold of the
extensions of things ; such is Bacon. There is a
base and detestable sort, who everywhere seek
applause for their theories, by religion, hope, im-
posture, wooing, and supplicating for it ; such is
Isaac Hollandis, and by far the greater part of the
rabble of chymists. And now let us summon
Hippocrates, the creature of antiquity and the
seller of years, to whose authority, when both
Galen and Paracelsus with much zeal strive to
betake themselves, as to the shadow of the ass,
who bursts not into laughter 1 And truly this man
teems to cling to experience with perpetual stead-
fast looking, yet with eyes not moving and in-
quiring, but stupid and enfeebled. Afterwards,
his sight recovering somewhat from the stupor,
he receives certain idols, not indeed those huge
idols of theories, but the more elegant which en-
compass the superficies of history ; on swallow-
ing which swelling, and half a sophist, and (after
the manner of his age) sheltered by brevity, he at
length (as these two think) sets forth his oracles,
of which they seek to be esteemed the interpre-
ters ; while in reality he does nothing but either
deliver certain sophistications in sentences abrupt
and suspended, thus withdrawing them from
confutation; or invest with stateliness the ob-
servations of rustics. And nearest (as is com-
monly believed) to his precepts, which are not
so unsound as useless, approaches Cornelius
Celsus, but a more intense sophist, and more
bound to history modified, sprinkling the same
moral moderation upon the progress of knowledge,
and amputating the extremes of error, not rooting
out the principles. And, regarding these, what
we have said is most true. But I now hear thee,
my son, inquiring whether, perhaps, as is done,
they have not sought after the worst parts, espe-
cially as the state of knowledge is always almost
democratic 1 Hath not time, like a river, brought
down to us the light and inflated, and sunk the
solid and weighty 1 What of those ancient in-
quirers after truth, Heraclitus, Democritus, Py-
thagdras, Anaxagoras, Empedocles, and others,
known by the writings of others, not by their
own ? Lastly, what deem you of the silence and
the secrets of antiquity? My son, (that I may
answer these inquiries, as is usual with me, for
thy benefit,) I recognise a few fragments of anti-
quity, (of books found I speak not,) yet these as
specimens rather of the diligence and ingenuity,
than the knowledge of their authors. But, if I
hint that those searchings of conjectures respect-
ing things, which, with their footsteps, have fled
away, are laborious ; and that, for me, studying
the utility of mankind for time coming, it were
unfitting to turn back to the philology of antiquity.
I know sufficiently that in thy modesty thou
wouldst acquiesce. Nevertheless, that thou
mayest perceive what two-faced prophets things
present are, and how they bring before us things
both past and future, I have resolved to gratify
thee with tables of both times, (which may com-
prise not only the courses and flowings of
knowledge, but also other provisions of things.)
And do not augur what this maybe, before seeing
it, for the true anticipation of this matter falls not
to thee, and if it come not from thy hand, seek it
not. For, in this matter, my son, I shall gratify
some of you, and conciliate the minds of the
more delicate. Knowledge, indeed, is to be sought
from the light of nature, not recovered from the
obscurity of antiquity. Nor is it of importance
what may have been done ; we have only to see
548
INTERPRETATION OF NATURE.
what can be done. If a kingdom, subdued by
arms and victorious war, were delivered to thee, ;
wouldst thou frame questions whether or not thy
ancestors had possessed it, and solicit the rumours
of genealogies? So much for the recesses of
antiquity. But, concerning those leaders of sects,
whom thou hast named, and many more of like
sort, it is easy to decide. Variety is proper to
error, unity to truth. And, unless the politics
and provisions of the times had been adverse to
the peregrinations of such minds, many other
regions of error would have been wandered over.
For, an immense ocean encompasses the island
of truth, and men have still to endure new
damages and scatterings from the winds of idols.
Nay, even two or three days ago, Bernardinus
Telesius mounted the stage, and enacted a new
play, neither frequent in applause nor elegant in
argument. Dost thou not observe, my son, that
the contrivers, both of eccentrics and of epicycles,
and the charioteers of the earth, delight in the
impartial and ambiguous advocation of pheno-
mena? It is exactly so in universal theories.
For, as if any one, knowing only the use of his
vernacular tongue, (attend, my son, for this is
very similar,) undertake to write an unknown
apeech, in which, observing some few words ap-
proaching in sound and letters to those of his own
language, he immediately and confidently assumes
them to be of the same signification, (though
more frequently far removed from it ;) then, by
collating these together, with much labour of
ingenuity, but also much liberty, he divines the
remaining sense of the oration ; altogether, such
also are those interpreters of nature found to be.
For, each bringing his idols, ( I speak not now
of those of the stage, but especially of the mar-
ket and of the den,) like diverse vernacular
tongues, to history, immediately seizes the things
which sound somewhat alike; from the symmetry
of these the rest are interpreted. And now it is
time, my son, for us to recover and purge our-
selves, seeingwe have been handling (though with
purpose of importing) things so profane and pol-
luted. But, against all these I have said less than
their guilt deserved. Yet, perhaps, thou compre-
hend est not this censure. For, be assured, my
son, the judgment I have pronounced against
them is nothing less than contumely. For, I have
not conducted myself like Velleius with Cicero,
a declaimer and philologist cursorily touching
opinions, and rather casting them away than de-
stroying them, or, like Agrippa the modern, in
speech of that kind not to be named indeed, but a
trivial buffoon, distorting every thing and holding
it out to ridicule ; (unhappy me, who, in defect
of men, am forced to compare myself with
brutes!) But, on looking back afterwards,
thou wilt discern, under the veil of reproach,
wondrous airs of accusations, with singular
art contracted and reduced almost to single
words, and with keenest glance directed and
brandished against the very ulcers themselves of
offence. And, when they might have been much
mingled and entangled together in their crimes
and guilt, I have, by their most peculiar marks,
but those capital, condemned them singly. For,
the human mind, my son, puffed up with the
incursions and observations of things, contrives
and educes very various species of error. But
Aristotle is as a taller plant of one species, so
also Plato, and others besides. Yet thou requirest
particular confutations. Verily, it were a great
sin against the golden fortune of mankind, the
pledge of empire, for me to turn aside to the pur-
suit of most fleeting shadows. One bright and
radiant light of truth, my son, must be placed in
the midst, which may illuminate the whole, and
in a moment dispel all errors. Certain feeble and
pale lamps are not to be carried round to the
several corners and holes of errors and falsehoods.
Wherefore, my son, detest what you were seek-
ing ; for it is very profane. But now I hear thee
asking, is all that the whole of these have asserted
altogether false and vain ? Truly, my son, this
is unhappiness and that prodigious, not ignorance.
For, no man does not, at times, hit upon something
true. When Heraclitus remarked, that knowledge
is to be sought by men in private worlds, not in
the common world, I perceive that he sacrificed
well at the entrance of philosophy. Democritas,
I think, did not unhappily philosophize, when,
attributing immense variety and infinite succes-
sion to nature, he set himself against almost all
other philosophers, the slaves of custom, and
given over to secularises, and by this opposition
bringing both errors into collision, destroyed both,
and opened some way for truth between the ex-
tremes. The numbers of Pythagoras I set down
as also of good omen. Dindamus, the Indian, I
commend, for having called custom antiphysis.
And, to Epicurus disputing against the explication
of causes, (as they speak,) by intentions and
ends, though childishly and philologically, I
nevertheless not unwillingly listen. Pyrrho, also,
and the vacillating academics, talking from the
skiff, and conducting themselves against idols,
like certain morose lovers, (who are always re-
proaching their loves, but never desert them,) I
use for the sake of the mind and of hilarity.
Nor without cause : for idols drive others straight
forwards, but these in a circle, which is pleasanter.
Lastly, I should wish to have Paracelsus and Seve-
rinus for criers, when, with such clamours, they
convoke men to the suggestions of experience.
What then ? are they possessed of truth ? Nothing
less. And, my son, some proverbs of rustics are
apposite to truth. If the sow with her snout should
happen to imprint the letter A upon the ground ;
wouldst thou, therefore, imagine that she could
write out a whole tragedy as one letter ? Of a
far different sort is the troth revealed from the
INTERPRETATION OF NATURE.
549
analogy of knowledge, and the truth from the
section of an idol. The former is constant and
indefinitely germinoas, the latter discordant and
solitary. Which happens also in works. Gun-
powder, if it had been invented by conduct, not
chance (as they speak) and accident, would not
have come forth solitary, but with great frequence
of noble inventions, (which fall under the same me-
ridian.) So also the rest, both works and principles.
Wherefore I admonish thee, if perhaps any idol
of any of these hath in any point determined my
truth, that is, the truth of things, not to think
more highly of them, or less of me, since it is
sufficiently apparent from their ignorance of the
rest, that those things themselves they have not
said from the analogy of knowledge. But thou
still urges t, my son : would you, therefore, order
all their writings to be converted into wrappings
for incense and perfumes? That I should not
have said. For there remains yet a short while
some use of them, slight and narrow, and far
different from that which they were destined for,
and now usurp, but still some. Add to this that
there are many other writings obscurer in fame,
but more excellent in use. The morals of Aris-
totle and of Plato many admire; yet Tacitus
breathes more living observations of manners.
But at length in the proper place I shall say, what
utility can be derived from writings, and which
are superior in utility to the rest, and which
smallest part of them are gifts of those things
which contribute to the interpretation of nature.
Lastly, my son, I hear thee inquiring : dost thou
suffice thyself in place of all these ? I shall reply,
and that not dissemblingly, but from my inmost
sense. I, dearest son, will confirm to thee a
sacred, chaste, and legitimate marriage with things
themselves. From which intercourse (above all
wishes of marriage songs) thou shalt beget a most
blessed progeny of heroes, who shall subdue the
infinite necessities of man, more fatal than all
giants, and monsters, and tyrants ; and for your
affairs procure a placid and festal security and
plenteousness. But were I, my son, to commit
thee to the giddy intricacies of experience with a
mind unpurged of idols, verily thou wouldst soon
desire a leader. Yet by my simple precepts,
without the knowledge of things, thou canst not,
however much thou mayest wish it, divest thyself
of idols. In tables, unless you erase what has
before been written, you can write nothing else.
But in the mind, on the contrary, unless you
inscribe something else, you cannot erase what has
before been written. And although this may be
done, although thou mayest put off the idols of
friendship, yet indeed, being uninitiated, there is
danger that thou mayest be overwhelmed by the
idols of the way. Thou hast too much accustomed
thysel f to a leader. At Rome, tyranny being once
established, the oath in the name of the Roman
senate and people was ever afterwards vain.
Confide and give thyself to me, my son, that I
may restore thee to thyself.
OF THE INTERPRETATION OF NATURE.
Accounting myself born for the use of man-
kind, and judging the case of the commonweal
to be one of those things which are of public
right, and like water or air lie open to all; I
sought what might be of most advantage to men,
and deliberated what I was most fitted for by na-
ture. I discovered that nothing is of such esti-
mation towards the human race, as the invention
and earnest of new things and arts, by which
man's life is adorned. For I perceive that, even
in old times among rude men, the inventors and
teachers of things rude were consecrated and
chosen into the number of the gods ; and I noted
that the deeds of heroes who built cities, or were
legislators, or' exercised just authority, or sub-
dued unjust dominations, were circumscribed by
the narrowness of places and times. But the in-
vention of things, though it be a matter of less
pomp, I esteemed more adapted for universality
and eternity. Yet above all, if any bring forth
no particular invention, though of much utility,
but kindleth a light in nature, which from the
very beginning illuminates the regions of things
which lie contiguous to things already invented,
afterwards being elevated lays open and brings to
view all the abstrusest things ; he seems to me a
propagator of the empire of man over the universe,
a defender of liberty, a conqueror of necessities.
But I found myself constructed more for the con-
templations of truth than for aught else, as having
a mind sufficiently mobile for recognising (what
is most of all) the similitude of things, and suffi-
ciently fixed and intent for observing the subtle-
ties of differences, and possessing love of in-
vestigation, patience in doubting, pleasure in
meditating, delay in asserting, facility in return-
ing to wisdom, and neither affecting novelty, nor
admiring antiquity, and hating all imposture.
Wherefore I judged my nature to have a kind of
familiarity and relationship with truth. Yet see-
ing by rank and education I was trained to civil
affairs, and, like a youth, sometimes staggered in
my opinions, and conceived I owed my country
something peculiar, and not equally pertaining to
all other parts, and hoped, if I obtained any ho-
nourable degree in the commonwealth to perform
with greater help of ingenuity and industry what
I had intended ; I both learned civil arts, and with
all ingenuousness and due modesty, commended
myself to my friends who had some power. And
in addition to this, because those things of what-
ever kind penetrate not beyond the condition and
culture of this life, the hope occurred that I, bora
in no very prosperous state of religion, might, if
called to civil offices, contribute somewhat to the
safety of souls. But when my zeal was imputed
550
INTERPRETATION OF NATURE,
to ambition, and my age was matured, and my
disordered health also admonished me of my un-
happy slowness, and I next considered that I
nowise fulfilled my duty, while I was neglecting
that by which I could through myself benefit
men, and applying myself to the things which
depended upon the will of another, I altogether
weaned myself from those thoughts, and wholly
betook myself to this work, according to my
former principle. Nor is my resolution diminish-
ed, by foreseeing in the state of these times, a
sort of declination and ruin of the learning which
is now in use ; for although I dread not the in-
cursions of barbarians, (unless, perhaps, the em-
pire of Spain should strengthen itself, and oppress
and debilitate others by arms, itself by the burden,)
yet from civil wars (which, on account of certain
manners not long ago introduced, seem to me
about to visit many countries) and the malignity
of sects, and from those compendiary artifices and
cautions which have crept into the place of learn-
ing, no less a tempest seems to impend over
letters and science. Nor can the shop of the
typographer suffice for those evils. And that
nnwarlike learning, which is nourished by ease,
and flourishes by praise and reward, which sus-
tains not the vehemency of opinion, and is the
sport of artifices and impostures, is overcome by
the impediments which I have mentioned. Far
different is the nature of the knowledge whose
dignity is fortified by utility and operation. And
from the injuries of time I am almost secure ; but
for the injuries of men I am not concerned. For
should any say that I savour things too high, I
reply simply, in civil affairs there is place for
modesty, in contemplations for truth. But if any
one require works immediately, I say, without
any imposture, that I, a man not old, frail in
health, involved in civil studies, coming to the
obscurest of all subjects without guide or light,
have done enough, if I have constructed the ma-
chine itself and the fabric, though I may not have
employed or moved it. And with the same can-
dour, I profess that the legitimate interpretation
of nature, in the first ascent before arriving at a
certain degree of generals, should be kept pure
and separate from all application to works. More-
over, I know that all those who have in seme
measure committed themselves to the waters of
experience, seeing they were infirm of purpose, or
desirous of ostentation, have at the entrance un-
reasonably sought pledges of works, and have
thence been confounded and shipwrecked. Bat
if any requires at least particular promises, let
him know that by that knowledge, which is now
in use, men are not skilled enough even for wish-
ing. But, what is of less moment, should any
of the politicians, whose custom it is from per-
sonal calculations to estimate every thing, or from
examples of like endeavours to form conjecture,
presume to interpose his judgment in a matter of
this sort, I would have told that ancient saying,
" claudus in via, cursorem extra viam antevertit,"
and not to think about examples, since the matter
is without example. But the method of publish,
ing these things is, to have such of them as tend
to seize the correspondences of dispositions, and
purge the areas of minds, given out to the vulgar
and talked of; to have the rest handed down
with selection and judgment. Nor am 1 ignorant
that it is a common and trite artifice of impostors
to keep apart from the vulgar certain things which
are nothing better than the impertinences they set
forth to the vulgar. But without any imposture,
from sound providence, I foresee that this formula
of interpretation, and the inventions made by it,
will be more vigorous and secure when contained
within legitimate and chosen devices. Yet I
undertake these things at the risk of others. Fcr
none of those things which depend upon externals
concerns me : nor do I bunt after fame, or, like
the heretics, take delight in establishing a sect;
and to receive any private emolument from so
great an undertaking, I hold to be both ridiculous
and base. Sufficient for me is the consciousness
of desert, and the very accomplishment itself of
things, which even fortune cannot withstand.
J. A. C.
TRUE HINTS
ON
THE INTERPRETATION OF NATURE.*
Outline and Argument of the Second Part of the
Instauration.
Keeping then in view our plan, we shall exhi-
bit the whole subject perspicuously, and with
orderly distribution of the parts. Wherefore, let
us now unfold the design and arrangement of this
second part. We devote this part to the doctrine
of a better and more perfect use of reason than
hath heretofore been known or promulgated to
men, with purpose (as far as the terms of this
mortal state permit) to aggrandize and enlarge
the human intellect with power to conquer and
interpret the mystery of nature. To the interpre-
tation itself we have dedicated three books, the
third, the fourth, and the fifth; for the sixth,
which consists of anticipations drawn from the
ordinary use of reason, it is to be taken only as
temporary and provisional, and when in time it
shall have begun to acquire solidity, and to be
verified by the methods of legitimate reason, it is
shifted, and, as it were, migrates of itself into the
sixth.
But to this second book is apportioned the
intellect itself, its treatment and regulation, and
the entire system of preparation and training
leading to the right conduct of the understanding.
And although the term logic or dialectics, by rea-
son of the depravations of the art, sounds repul-
sive in our ears, yet to lead men as it were so far
by the hand in their wonted tracts, we acknow-
ledge the art which we profess to be of the nature
of logic, — so far as logic (the common logic, I
mean) supplies aids and constructs defences for
the intellect. Yet ours differs from the received
logic, besides other points of opposition, princi-
pally in three ; namely, its mode of entering on
inquiry, its order of demonstration, and its end i
and office. It goes deeper to find a foundation \
and basis for inquiry, by subjecting to investiga- '
tion what the received logic admits as it were on
the credit of others, and in a blind submission to j
authority, principles, primary notions, and the :
informations of the senses; and it reverses down- j
right its order of demonstration, by making pro- •
positions and axioms, in an unbroken line, ascend '
and mount on a ladder of elevation, from recorded
* The finrt part of this tnct forme the preface to the
Novum Organum, translated by Mr. Wood, vol. til p. 000, 000.
facts and particular experiments to generic veri-
ties, not by darting without a pause to principles
and the higher generalisations, and from them
deducing and inferring intermediate troths. Again,
the end of this our scheme of science is, that
things and works, not reasonings and speculative
probabilities, may be invented and brought to
the test.
Such then is the scope of the second book*
Let us now, in like manner, set forth its arrange-
ment. As in the generation of light it is requisite
that the body which is to receive the rays be made
smooth and clean, and then planted in a position
or conversion duly adapted to the illumination,
before the light itself is introduced, even so we
must proceed now. For, first the area of the mind
must be levelled out and cleared of those things
which have hitherto encumbered it; next, there
must be a turning of the mind well and fittingly
to the objects which are presented ; lastly, infor-
mation must be exhibited to the mind thus prepared
for its reception.
Now, the extirpating part is threefold, accord-
ing to the three several classes of idols which
beset the mind. For such idols are either adop-
tive and that in two ways, having invaded and
established themselves in the mind from the sys-
tems and sects of philosophy, or from an abuse of
the laws and methods of demonstration ; or, se-
condly, they are such as are inseparable from and
indigenous in the essence of the mind. For as an
uneven and ill-cut mirror distorts the true rays of
things according to its own incurvation of surface;
so, too, the mind, subjected to the impression of
objects through the senses, in performing its
operations, interchanges and mixes up its own
nature with that of its objects, so as it may not
be implicitly trusted.
Wherefore the first task imposed upon us is to
disperse utterly, and to expatriate all that army
of theories which has figured in so many well-
fought combats. To this we add a second, the
emancipation of the mind from the slavery imposed
on it by perverted laws of demonstration ; which
is followed by a third, namely, to master the
seductive bias of the mind itself, and either to
extirpate its native idols, or, if they cannot be
rooted up, so to point them out and thoroughly
comprehend them, that deviations may be recti-
551
552
INTERPRETATION OF NATURE,
fied. For it would be futile, and perhaps perni-
cious, merely to overturn and explode errors in
philosophy, if from the incorrigible grain of the
mind a new off-shoot of errors, perhaps even dege-
nerated from their predecessors, should sprout;
and not till all hope is precluded, of perfecting
philosophy, or enlarging its empire by the exercise
of ordinary reason, and by the helps and aids of
the received logic, ought we to abandon and dis-
card them ; lest haply we do not thereby banish,
but only change our errors. Wherefore that part
of the book which we term the destroying, con-
sists of a threefold argument of redargution or
exposure ; redargution of the philosophies ; redar-
gution of the demonstrations ; and redargution of
human reason in its natural course.
And it does not escape us, that without so im-
mense a revolution, no small accretion to science
might result from our labours, and celebrity be
attainable by a smoother path. Nevertheless,
being uncertain when the same views may enter
the mind of any other man, we have determined
to make a full and free profession of our creed.
After having levelled the area of the mind, it
follows in order, that we must place the mind in
an advantageous position, and, as it were, in a
kindly exposure to the rays of what we propound.
For since, in a matter of novelty, not merely the
violent preoccupation of old opinion, but also a
false preconception or conjectural picture of that
which is offered, disposes to prejudice, we must
also apply a remedy to this disorder, and the mind
must not only be disencumbered but prepared.
That preparation is nothing more than to have
true opinions of that which we allege imparted
provisionally only, as it were, and by way of
loan, previous to a thorough knowledge of the
thing itself. Now, this mainly depends on shut-
ting out, and holding in abeyance those foul and
malign suspicions, which, we may easily augur,
will, from the prejudices now in vogue, as from
the contagion of an epidemic fanatical gloom,
seize upon men's minds ; wherefore it behoves us
to see, as Lucretius hath it,
" Ne qua
Occurrat faciei inimica atque omnia turbet."
First, then, if any one think that the secrets of
nature remain shut up, as it were, with the seal
of God, and by some divine mandate interdicted
to human wisdom, we shall address ourselves to
remove this weak and jealous notion, and, relying
on simple truth, shall bring the inquiry to this
issue, not only to silence the howl of superstition,
but to draw religion herself to our side. Again,
if the idea should occur to any one, that great and
scrupulous delay in experiments, and the tossing
about, so to speak, on a sea of matter and particu-
lar facts, which we impose on men, must needs
plunge the mind into a very Tartarus of confusion,
and cast it down from the serenity and coolness
of contemplative wisdom, as from a far diviner
state — we shall show and establish, as we trust,
forever, (not without putting to the blush the
whole of that school which hesitates not to con-
cede divine honours to fantastic reveries, utterly
bereft of solidity,) the difference that prevails be-
tween the ideas of the divine and the idols of the
human mind. Those also to whom, absorbed in
the love of meditation, our frequent mention of
works sounds harsh, uncouth, and mechanical,
shall be instructed how much they war against
the attainment of their own object of desire, since
exact clearness of contemplation, and the inven-
tion of works, its under platform, depend upon and
are brought to perfection by the same means. If
any one should still hold out, conceiving of this
absolute regeneration of science from its elements,
as a thing interminable, vast, and infinite, we shall
demonstrate that, on the contrary, it ought to be
regarded as a true boundary and a circumscribing
line, marking off the region of error and waste
land ; and we shall make it manifest, that a just
and full inquisition of particulars, without attempt-
ing to embrace individuals, gradations, and ver-
miculate differences, (which is enough for the pur-
poses of science ;) and then notions and truths,
raised from and upon the former, in just method,
form something infinitely more defined, tangible,
and intelligible, sure of itself, and clear both in
what hath been done, and what remains to be ac-
complished, than floating systems and abstract
subtleties, of which there is indeed no end, but a
ceaseless gyration, whirl, and chaos. And though
some sober censor, (as he may think himself,)
applying to this subject that diffidence of conse-
quences which becomes civil prudence, should
consider what we now say to be like men's vain
aspirations — an indulgence only of wild hope—
and that in truth nothing else will follow from this
remodelled state of philosophy, than that new
doctrines, perhaps, are substituted, but the re-
sources of mankind not at all augmented — such a
one we shall, as we conceive, induce to admit,
that we are doing any thing but founding a sys-
tem or a sect, that our institution differs wholly
and generically from all that have hitherto been
attempted in philosophy and the sciences — and
that there is the surest promise of a harvest of
works, if men will only not forestal the same by
hastening to cut the first worthless vegetation of
muscus and weeds, and grasping with a childish
passion and vain precipitation at the first pledges
of works. And in handling the points we have
enumerated, enough, we think, shall have been
done to guard against that species of prejudice
which is inspired by false and illiberal notions of
the thing propounded ; and therewithal we judge
that our second part, which we call the prepara-
tory, is complete ; — after every adverse gust from
religion, from theoretical speculation, and from
ivil wisdom, with its handmaids, distrust, phleg-
INTERPRETATION OF NATURE.
558
raatic coldness, and the like, shall have sunk and
died away.
Yet to form a preparation in all respects per-
fect, it seems still to be wanting, that we remove
the stagnation of mind, which is generated by the
utter novelty of our plan. This unfriendly torpor
is only dispelled by the explanation of its causes;
for it is the knowledge of its causes alone that
solves the prodigy, and puts an end to the stupor
of astonishment. Wherefore we shall here note
all those perverse and troublesome obstacles by
which true science hath been checked and retard-
ed, so that it is not at all astonishing that men
should have been so long involved, and toiled on,
in the meshes of error.
And in this part of the subject one thing will
felicitously come in, as a solid reason for hope,
namely, that although the true interpretation of
nature, wherein we toil, be justly held most diffi-
cult, yet by far the greatest part of that difficulty
depends upon what lies within our own power
and admits of correction, not on things placed
beyond our sphere of capacity ; I mean in the mind,
not in things, or in the senses.
Now, if any one deem that scrupulous care with
which we strive to prepare men's minds is uncalled
for — that it is of the nature of parade, and got up
for purposes of display, and should therefore de-
sire to see denuded of all circumlocution and the
scaffolding of preliminaries, a simple statement;
assuredly such an insinuation, were it founded in
truth, would come well recommended to us.
Would that it were as easy for us to conquer dif-
ficulties and obstructions, as to cast away idle
pomp and false elaboration. But this we would
have men believe, that it is not within due explo-
ration of the route, that we pursue our path in such
a desert, especially having in hand such a theme,
as it were monstrous to lose by incompetent han-
dling, and to leave exposed, as by an unnatural
mother. Wherefore, duly meditating and con-
templating the state both of nature and of mind,
we find the avenues to men's understandings
harder of access than to things themselves, and
the labour of communicating not much lighter
than of excogitating ; and, therefore, which is al-
most a new feature in the intellectual world, we
obey the humour of the time, and play the nurse,
both with our own thoughts and those of others.
For every hollow idol is dethroned by skill,
insinuation, and regular approaches ; whereas by
violence, by opposition, and by irregular and
abrupt attacks, it is exasperated into energy. Nor
so disposed. For no man by mere energy of will
commands his intellect, the spirits of the philoso-
phers (as it is written of the prophets) are not sub-
ject to the philosophers. Wherefore it is not the
honesty, candour, or openness to conviction of
other men, which we are to confide in for support,
but our own care, address, and conciliation.
In which respect no small difficulty is further
created to us from our own character, having laid
it down as an inviolable law evermore to hold
fast our integrity and ingenuousness, and not to
seek an entrance for truth through hollow ways,
but so to regulate our compliance as by no subtle
deception, by no imposture or aught that resem-
bles imposture, but only by the light of order and
the skilful grafting of new shoots upon the
healthier part of the old, to hope for the attain*
ment of our desires. Wherefore we return to
this assertion, that the labour consumed by us in
paving the way, so far from being superfluous, is
truly too little for difficulties so considerable.
Leaving, therefore, the preparatory part, we
now come to the informing, and shall exhibit a
simple and bare outline of that art which we
intend.
The things which make for the perfecting of
the intellect in the interpretation of nature, may
be divided into three ministrations to the same,
ministration to sense, ministration to memory,
and ministration to reason. In ministration to
the senses we shall make exposition of three
things, first, how a good notion is collected and
elicited, and how the testimony of sense, which
is ever according to the analogy of man, may be
reduced and rectified to the analogy of the uni-
verse. For we do not attach much weight to the
immediate perceptions of sense, except only in so
far as it manifests motion or change in its objects.
Secondly, we shall show how those things which
baffle the sense, either by intangibility of the
entire substance, or by minuteness of parts, or by
remoteness of place, or by slowness or celerity of
motion, or by habitual familiarity of the object,
or otherwise, may be brought under the jurisdic-
tion of sense, and placed at its bar ; and, further-
more, in cases where they cannot be produced,
what is then to be done ; and how such deficiency
may be filled up by skilful noting of gradations,
or by informations as to inanimate bodies derived
from the analogy of corresponding sentient ones,
or by other modes and substitutions. In the last
place, we shall speak of a Natural History, and
the method of performing experiments; what
does this take place only because men, enslaved that Natural History is, which will serve as a
by admiration of certain authors, or bloated with foundation for philosophy ; and again what method
self-sufficiency, or reluctant from some habit, will of experimenting, in the want of such natural
not exert their candour. Even were any one will- history, must be resorted to; wherein we shall
ing in the utmost degree to exact of himself im- also interweave some observations as to calling
partiality as a duty, and to forswear, as it were, forth and arresting the attention. For there are
every prejudice, it does not follow that we are to many things both in natural history and in expe-
repose unlimited confidence in the award of a mind . riments, present to knowledge, absent to use,
Vol. II— 70 3 A
554
INTERPRETATION OF NATURE.
because the apprehensive faculty hath been feebly
drawn forth to note them.
Ministration to the senses is comprehended in
three particulars. The senses are to be furnished
with materials, with helps where they fail, and
helps where they err. To the materials of the
senses are appropriated history and experiments,
to their short-comings, fit substitutions, to their
declination, rules of correction.
Ministration to memory hath this for its func-
tion ; out of the mass of particular facts, and the
accumulation of facts forming natural history
general, it extracts a history particular, and ar-
ranges it in such order, that the judgment can
forthwith act, and do its office. For it befits us
prudently to calculate the powers of the mind,
and not to hope that they can expatiate at large
over the infinity of nature. For it is manifest
that the memory is defective and incompetent
when it attempts to embrace the endless variety
of things, and, no less, that in the choosing out
of such as bear on some defined field of inquiry,
it is unpractised and unprepared. Now, as
regards the former malady, the mode of curing it
is easy. It is performed by one remedial rule,
which is, that no investigation or invention be
entertained which is not drawn from a written
statement of results. For it were the same for
one confident in the strength of memory to try to
grasp the whole interpretation of nature on a given
subject, as to endeavour to seize and perform by
rote the problems of astronomy. Besides, it is
sufficiently apparent how small is the province
we allot to mere memory of discourse of reason,
seeing we do not authenticate discovery, even
when detailed in writing, save by digested tables.
To the latter defect, therefore, we must devote
more attention. And, doubtless, after the subject
has been measured off and defined for inquiry,
and stands clear and unencumbered out of the
mass of things, the ministration to memory seems
to consist of three operations or offices. First,
we shall show what those things are which, in
regard to the subject given or propounded, seem,
on glancing over its history of facts, the proper
points for inquiry, which forms a kind of argu-
ment or topic. Secondly, in what order these
ought to be marshalled, and digested in regular
tables. Nevertheless, we expect not that the
true vein of the subject, being of the analogy of
the universe, can be discovered at the outset of
the inquiry, so that the division might follow
from it, but only the apparent one, so as to sug-
gest some sort of partition of the subject. For
truth shall sooner emerge from falsehood than
from disorder, and reason more easily rectify the
division, than penetrate the unsubdued mass.
Then, in the third place, we shall show in what
method and at what time the inquisition is to be
recommenced, and the charts or tables preceding
to be brought forward to new charts, and how
often the inquisition is to be repeated. For we
intend the first series of charts or results to form,
as it were, moveable axes, and to constitute only
the verifying part of the inquisition ; for we have
no hope of the mind's ever pursuing and securing
its rightful dominion over nature, unless by
repeated action. The ministration, therefore, to
memory consists, as we have said in three doc-
trines, of the topics of discovery, of the reduc-
tion into tables, and of the method of fully
establishing the inquiry.
Ministration to reason remains, to which the
two former parts are only ancillary. For by them
there is no building up of axioms, but only the
production of simple notions with an orderly
narration of facts, verified, indeed, by the first
ministration, and so exhibited by the second, as
to be, so to speak, placed at our disposal. Now,
that ministration to reason, claims to be most
highly approved, which shall best enable reason
to perform its office and secure its end. The
office of reason is in its nature one, in its end and
use double. For the end of man is either to
know and contemplate, or to act and execute.
Wherefore the design of human knowledge is to
know the causes of a given effect or quality in
any object of thought. And again, the design
of human agency is, upon a given basis of matter,
to build or superinduce any effect or quality
within the limits of possibility. And these de-
signs, on a close examination and just estimate,
are seen to coincide. For that which in con-
templation stands for a cause, in operation stands
for a mean, or instrument; since we know by
causes and operate by means. And, doubtless,
if all the means which are required, to what
operations soever, were supplied to man's hand
at pleasure, there would be no especial use in
treating of the two disjunctively. But since
man's operation is tied up within much narrower
circumscription than his knowledge, because of
the innumerable necessities and limitations of
the individual, so that for the operative part there
is often demanded not so much a wisdom all-
comprehensive and free to range over possibility,
as a judgment sagacious and expert in selecting
from what is immediately before us ; it is con-
sistent with this, to consider these things as more
happily treated of apart. Wherefore we shall
also make like division of the ministration to
reason, according as the ministration is to reason
active or contemplative.
As respects the contemplative part, to say it in a
word, all evidently turns on one point. And that
is no other than this, that a true axiom be esta-
blished, or the same be made conjunctive with
other axioms, for this is gaining a portion of the
solid of truth, whereas a simple notion isolated,
is so to speak but its surface. Now, such axiom
is not elicited or formed, save by the legitimate
and appropriate forms of induction, which ana-
INTERPRETATION OF NATURE.
555
lyses and divides experience, and by proper
limitations and rejections comes to necessary con-
clusions. Now the popular induction (from
which the proofs of principles themselves are
attempted) is but a puerile toy, concluding at
random, and perpetually in risk of being exploded
by contradictory instances: insomuch that the
dialecticians seem never once to have thought of
the subject in earnest, turning from it in a sort of
disdain, and hurrying on to other things. Mean-
time this is manifest, that the conclusions which
are attained by any species of induction are at
once both discovered and attested, and do not
depend on axioms and middle truths, but stand
on their own weight of evidence, and require no
extrinsic proof. Much more then is it necessary
that those axioms which are raised according to
the trne form of induction, should be of self-con-
tained proof, surer and more solid than what are
termed principles themselves ; and this kind of
induction is what we have been wont to term the
formula of interpretation. Therefore it is, that we
desire to be careful and luminous, in exposition,
above all other topics, of the construction of the
axiom and the formula of interpretation. There
remain, however, subservient to this end, three
things of paramount importance, without explica-
tion of which, the rule of inquisition, though po-
tent in the effect, may be regarded as operose in
the application. These are the continuing, vary-
ing, and contracting of the inquiry, so that no-
thing may be left in the art either half done, or
inconsistent, or too much lengthened out for the
shortness of man's life. We shall therefore show
in the first place the use of axioms (supposing
them discovered by the formula,) for inquiring
into and raising others higher and more general,
so that by a succession of firm and unbroken steps
in the ladder of ascent, we may arrive at the unity
of nature. In this part, however, we shall add
the mode of examining and attesting these higher
axioms by the experimental results first obtained,
lest we again fall down to conjectures, probabili-
ties, and idol systems. And this is the method
which we term the continuing of the inquiry.
The varying of the inquisition accommodates
itself to the different nature, either of the causes
to ascertain which the inquiry is set on foot, or
of the things or subjects about which the inquiry
is occupied. Therefore, discarding final causes,
which have hitherto utterly vitiated natural philo-
sophy, we shall commence with an inquiry, on
the plan of varying and adaptation, into forms, a
branch which has hitherto been abandoned as
hopeless, and not unreasonably. For no one can
be so privileged either in his powers of mind or
in his good fortune, as to detect the form of any
thing by means of presumptive conjectures and
scholastic logic. Then follow the divers sorts
of matter and of efficients. Now, when we use
the terms matter and efficients, we do not point to
ultimate efficients, or to matter taken generically,
(such as are discussed in the disputations of the
schools,) but to proximate efficients and prepara-
tions of matter. Lest men should labour in these,
however, by a vain repetition and refining of
experiments, we shall in this part introduce the
doctrine of discovering latent processes. Now,
we give the name of latent process to a certain
series and gradation of chang »s, formed by the
action of an efficient and the motion of parts in
matter subjected to that action. The varying of
the inquiry as it respects its subjects is derived
from two states of things, either from their ele-
mentary or compound character, (for there is one
modification of the inquiry adapted to thing*
simple, another to things compound, or decom-
posed, or ambiguous,) or from the copiousness
or poverty of the natural history which may have
been collected to advance the inquiry. For when
the history is rich in facts, the progress of the
inquisition is prompt; when limited, it is labour
in shackles, and demands manifold assiduity and
skill. So, then, by handling the points we have
now recounted, we shall have, as it seems to us,
sufficiently discussed the varying of the inquiry.
There remains the contracting of the inquiry,
so as not only to demonstrate and make patent a
way in places pathless before, but a short cut in
that way, and as it were a straight line of pro-
gression, which shall go direct through circuitous
and perplexed routes. Now this (like every
other kind of abridging) consists mainly in the
selection of things. And we shall find that there
are in things two prerogatives, so to speak, of
sovereign efficacy in abridging investigation, the
prerogative of the instance, and the prerogative
of that which is inquired into. Wherefore, we
shall point out in the first place what those in-
stances or experiments are, which are privileged
above the rest to give forth light, so that a few
of them afford as much weight as a multitude of
others. For this both saves accumulation of the
history and the toil of beating about indefinitely.
We shall, then, expound what are the subjects of
inquisition, from which the investigation ought
■ to borrow its prelibation of omens, as those which
being first disposed of, carry, as it were, a torch
before their successors, either by reason of their
own consummate certainty, or generic quality,
; or from their being indispensable to mechanical
trials. And here we close the ministration to
reason regarded in its character of contemplative.
The doctrine of the active part of reason and
its ministration, we shall comprehend in three
directions, first, premising two admonitions to
open an entrance into the minds of men. The
first of these is, that in the inquiry, proceeding
according to the formula laid down, the active
part of reason should have a perpetual intercom-
! munion with the contemplative. For the nature
. of things constrains that the propositions and
656
INTERPRETATION OF NATURE.
axioms inferred and trained down to particular
and practical uses, by process of reasoning,
should yield only a sort of guesses, exceedingly
obscure and imperfect. Whereas an axiom drawn
from particulars to new and corresponding ones,
leads on investigation in a broad and indestructible
path. The other premonition is this, that we re-
member that, in the active branch of the inquiry,
the business is to be accomplished by means of
the ladder of descent, the use of which we waived
in the contemplative. For every operation is
occupied about individual experiments whose
place is at the bottom of all. We must, therefore,
descend the steps that lie between general truths
and these. Nor, again, is it practicable to get at
these by means of axioms taken unconnectedly ;
for every practical operation, and the mode of per-
forming it, is at once suggested and effected by
applying a combination of isolated axioms. With
these preliminaries, then, we come to our three-
fold exposition of the doctrine of active interpreta-
tion. The first part propounds a defined and ap-
propriate method of inquiry, in which not the
cause or governing axiom, but the effecting of any
operation is the object in view, and is submitted
to examination. The second shows the way of
making general tables with a special view to
practice, in which may be much more easily and
readily found all sorts of suggestions and indica-
tions of works. The third subjoins a mode of
ascertaining and striking out new practical uses,
an incomplete mode, no doubt, and yet not with-
out utility, which travels from one experiment to
another, without deducing of axioms. For, as
from axiom to axiom, so from experiment to ex-
periment, there is presented and opened up a
passage to discovery, narrow indeed and slippery,
yet not to be wholly passed over in silence. And
here we conclude the ministration to practice,
being the last in the order of distribution. This,
then, is a plain and succinct abstract of the second
book.
These things being unfolded, we trust to have
well constructed and furnished withal, the mar-
riage chamber of mind and the universe, the
divine goodness not disdaining to be bridemaid.
Let it then be the votive part of the nuptial hymn,
that from their union may rise and descend a
progeny of helps to man's life, a line, so to speak,
of heroes to conquer and command the wants and
the miseries of humanity.
At the conclusion, we shall add some remarks
on the combination and the succession of scientific
efforts. For then, and not till then, shall men
know their own strength, not when multitudes
devote themselves as now to the same tasks, but
when some shall appropriate what is neglected
by the rest. Nor, truly, have we abandoned hope
of aftertiraes, that there shall rise up men to
.advance to a nobler state a work commencing
from such slender beginnings. For it is borne
in upon onr mind, that what is now done, from
the supreme importance of the good it contains to
man, is manifestly of God. And in His work-
ings, every the most insignificant germ of the
future is pregnant with results.
Now, in the redargution of the received philo-
sophies which we intend, we scarcely know
whither at first to turn ourselves, since the avenue
to confutation of the same, which was to others
open, is to us inhibited. And, besides, so many
and so vast are the troops of error which present
themselves, that we must overthrow and dislodge
them, not in close detail but in mass : and if we
would draw near unto them, and try conclusions,
hand to hand, with each of them individually, it
were in vain : the rule of all reasoning being set
aside, differing as we do from them in our prin-
ciples, and repudiating as we do the very forms
and authority of their proofs and demonstrations.
And if (which seems to be the only thing left for
us to do) we attempted to infer and derive from
experience the truths we maintain, we are only
turning back to the starting point. And, forgetting
what we have discoursed of the preparing of
men's minds, we are found going directly the
opposite way : and falling all at once and prema-
turely on nature ; to which we have pronounced
it absolutely necessary that we open up and pave
a way, because of the obdurate prejudices and
impediments of the minds of men. Nevertheless,
we shall not be wanting to ourselves, but shall
try to confront them, and prove onr strength, in
manner accommodated to our design, both by pro-
ducing certain tokens from which an estimate
may be formed of these philosophies, and mean-
while noting among the philosophies themselves,
so as to shake their authority, certain prodigies
of perversion, and laughingstocks to intelligence,
which they furnish.
Yet it escapes as not that the mass of such
errors is too much consolidated to be at once over-
thrown ; especially as among learned men, it is
no unusual or unheard-of arrogance, wilfully to
reject opinions which they cannot shake. Nor
shall we offer aught too light or low for the gran-
deur of the interest which is at stake, nor in this
sort of redargution attempt to make converts to
our creed, hoping only meantime to conciliate
patience and candour, and that only in minds of a
more commanding and decisive order. For no
one can betake himself to us, fresh from the ha-
bitual and unceasing companionship of such er-
rors, with such openness and greatness of mind,
as not to retain some bias to his impressions and
opinions in favour of inveterate and established
systems. You cannot inscribe fresh characters
on the writing-tablet without expunging the for-
mer ones ; but, in the mind, you will scarcely
obliterate the first drawn characters, save by in-
scribing others.
This bias, as we think, ought to be counteracted,
INTERPRETATION OF NATURE.
507
and these our statements have this scope, (we
speak it without reserve,) to lead men willing,
not to drag them reluctant. All forcing, (as we
from the first professed,) we would banish : and
as Borgia jestingly noted of the invasion of Italy
by Charles the Eighth, that the French had come
with chalk in their hands to mark the public
houses, not arms to force their way through the
land ; so we too anticipate a like pacific tone and
result of our discoveries, namely, that they shall
segregate minds of large capacity from the crowd,
and into these shall make their way, rather than
be obnoxious to men of opposite opinions.
But in this part of our subject, in which we
now treat of the redargution of the vulgar philoso-
phies, our task hath been happily lightened by a
timely and extraordinary circumstance. For while
meditating these points, there came to me a cer-
tain friend, then returning from France, of whom,
after due courtesy done, I inquired much, as he
(in the wont of intimate friends) of me, in regard
of our various affairs. "But how do you em-
ploy," said he, at length, "those intervals which
are unoccupied with public business, or at least
wherein its bustle abates." " A question in good
time," I answered ; " lest you should suppose I
do nothing at all in such hours, I must tell you, I
now meditate a renovation of philosophy, which
shall embrace nothing airy or abstract, and which
shall advance the interests of mankind.*' "A
noble undertaking, doubtless," said he; "but
whom have you for associates in this work 1"
" None at all," was my reply ; *• I have not even
a person with whom I can converse without re-
Serve on such subjects, none at least in whose
converse I can explain myself, and whet my pur-
pose." " A hard fate," he said, ** yet know,"
he immediately added, " that others have also at
heart such subjects." Whereupon I exclaimed
with joy, " Precious raindrop of hope, that hast at
last sprinkled my thirsty spirit, and recalled me
to life. Why, I met not long ago a certain evil-
eyed old fortune-telling woman, who, muttering I
know not what, prophesied that my offspring
should die in the desert." " Would you," said
he, " that I mention a circumstance relating to
such matters, which I met with myself in France 1"
" Most willingly," I replied, " and shall be grate-
ful besides."
He then related that he had, while at Paris,
been invited and introduced by a friend of his to
an assembly of personages, " such," said he, " as
you too would have loved to see. No occurrence
of my life was ever more delightful than that in-
troduction. There were about fifty present, none
young, but all mature of years, and of whom each
in his aspect wore a stamp of dignity and of ho-
nour." He related, that among them he recog-
nised men who had held offices of state, others
senators of the realm, divers eminent ecclesiastics,
and some generally of ali the notable classes of
the body politic. And when he entered at firsts
he found them occupied with easy converse one
with another, yet they were ranged on seats placed
with some formality of order, and sate as if ex*
pecting some one's coming.
Not long after there came to them a personage
of an aspect, as he thought, mild and exceedingly:
placid, yet the comportment of his features was>
as of one that pitied men. And, when they all
stood up to receive him, he looked around, and
said with a smile, " I could never have conceived,
now that I recognise your features, one after an*
other, that the idle hour of all of you should have
fallen upon the same nook of time, and I cannot
enough admire how it hath so occurred." Where-
upon one of the assembly made answer, that it
was he himself that had occasioned that leisure*
seeing that what they expected to reap from him,
they regarded as preferable to all business. " i
perceive," he answered, " that the whole waste
of the time here consumed, in which each of you,
if apart, might have benefited many, is to be
charged to my account. If this be so, I must see,
in good sooth, that I detain you not over long.*'
With these words he sate down, not on an ele-
vated seat or academic chair, but on a level with the
rest, and discoursed to the assembly, somewhat to
the following effect. For my informant said, that
he tried as he might to catch up the address, but
while going over his remembrances of it with the
friend who had introduced him, they seemed far
short of what had then been spoken. He then
produced a specimen of the speech which he had
taken down, and which he had then about him.
" My sons, ye are doubtless but men and mor-
tal, yet will ye not so much repine at the terms
of your being, if ye sufficiently remember your
nature. God, the creator of the world and of yon,
has endowed you with souls to contain that
world, and yet remain unfilled and unsatisfied.
Wherefore he has claimed your faith for himself,
but the world he hath submitted to your sense ;
and hath decreed that the oracles of both should
not be clear, but ambiguous, so as profitably to
exercise you, and to balance the excellency of the
things discovered. Now, as regards truths divine,
my hope of you is good : but as concerns things
human, I am in fear for you, lest you be involved
in a train of endless errors. For I consider, that
you are intimately persuadecTof one thing, namely,
that you now enjoy a flourishing and auspicious
state of science. I on the other hand admonish
you, not to regard the copiousness or utility of
the knowledge you possess, as if you had been
exalted to some pinnacle of superiority, or had
satisfied your aspirations, or completed your
labours. Revolve the matter thus :
" If you take to task the whole of that huge
congeries of writings wherewith the sciences are
so puffed out and overgrown, and mark them with
a strict and sifting scrutiny, yon shall everywhere
3a2
558
PHENOMENA OF THE UNIVERSE.
note infinite repetitions of the same thing, diver-
sified in words, arrangement, examples, and illus-
trations, yet in the sum and weight and real effect
of things all anticipated, and manifestly only
repetitions, so as there is at once poverty and
parade, arrogance and miserable jejuneness. And
if I may be allowed a colloquial ease and plea-
santry on this subject, this learning of yours very
much resembles the well known supper of the
host of Chalcis, who being asked whence he had
such store of different hunter's fare: answered
that all his dishes were of the flesh of a tame boar.
For you will not deny that the whole of that
seeming copiousness is nothing but fragments of
the philosophy of the Greeks, and that not reared,
to continue the metaphor, in the woods and wilds
of nature, but styed up in the schools and scho-
lastic cells like the domesticated animal. For, if
you give up the Greeks, and a few Greeks too,
what (I pray you) have the Romans or Arabs,
which doth not emanate from, and fall back into,
the systems of Aristotle, Plato, Hippocrates,
Galen, Euclid, and Ptolemy 1 Thus you see
your entire hopes and fortunes wrapt up in the
weak brains and limited souls of about half-a-dozen
mortals. Yet it was not for this that God im-
planted in you reasonable souls, that you should
obsequiously give up to human beings that part
of you which he vindicates for himself, — implicit
faith due only to the things of God. Nor hath he
allotted to you the firm and vivid informations of
the senses, to contemplate the works of a few men,
but his own works, his heaven and earth, cele-
brating the while his glory in your hearts, and
while you lift up a hymn to your Great Author,
admitting, if you will, these mortals (and where-
fore should you refuse) to a place besides yon in
the worshipping choir." VV. G. G.
THE PHENOMENA OF THE UNIVERSE;
OR,
NATURAL HISTORY.
FOR THE BASIS OF NATURAL PHILOSOPHY.
PREFACE.
Upon my taking into consideration the errors
that prevail with respect to the true grounds of
forming theories and conducting experiments, I
felt it my duty myself to remedy these evils, to
the best of my ability. There cannot indeed be
any thing more meritorious than to lead men to
throw off the masks of authorities and their blind
admiration of experiments, and to enter into a
nearer communion with things themselves, and a
thorough investigation of them. For so our know-
ledge of them will be at once deep and secure,
and will be moreover at hand, and the sources of
utility will be multiplied. But the first princi-
ples of this design must be derived from the
knowledge of nature. For all the philosophy of
the Greek 8, with all their different sects, and,
indeed, whatever other philosophy m:«y be men-
tioned, appears to have been built upon too narrow
a basis, and on an insufficient acquaintance with
nature. For, taking up some few things from
experience, and from tradition, and that sometimes
without accurate examination, they placed the
rest in meditation and in the exercise of their
ingenuity; relying too much upon dialectics : but
the chymists and the whole class of mechanics I
and empirics, if they conducted their observations
and philosophy with more boldness, being accus-
tomed to an accurate nicety in some things, bend
all others by the most singular methods to them ;
and give out opinions the most monstrous and
unnatural. For the one class, out of many things
take but little, the other out of but little take much
into the body of their philosophy ; and, to speak
the truth, the method of either class is unsound,
and will not hold. But the knowledge of nature
which has been hitherto collected, however copi-
ous it may at first sight appear, is really meagre
and unprofitable. Neither is it of that kind for
which we are inquiring. Nor is it yet cleared of
fable and absurdity, but runs out into antiquity
and philology, and relations of things uncon-
nected with it, neglecting and rejecting what is
solid, but laboriously curious upon trifles. But
the worst of this kind of copiousness is this, that
it embraces the investigation of natural objects,
and yet for the most part declines the study of
things mechanical. And these are the very things
which by far excel the others in the searching out
the secrets of nature, for, nature bring of itself
vast and diffuse, dissipates the mind and con-
founds it by its variety. But in mechanical ope»
rations the judgment is collected, and the designs
/
PHENOMENA OF THE UNIVERSE.
559
and workings of nature are discerned, and not the
effects only. And, besides, all the subtlety of
mechanics stops short of the object which we
seek. For the person thus employed being intent
upon his work and object, neither raises his mind
nor stretches forth his hand to other things, and
which perchance avail more to the investigation
of nature. There is need, therefore, of greater
care and choice kinds of examination and even of
expense, and moreover of the greatest patience.
For this hath rendered every thing in the depart-
ment of experiment useless, that men •have from
the beginning sought out experiments for the
sake of gain and not of knowledge, and have
been intent upon bringing out something magnifi-
cent, not upon revealing the oracles of nature,
which is the work of works, and comprehends all
power in itself. And this evil hath been occa-
sioned by the fastidious curiosity of men, in
generally turning their attention to the secrets
and rarities of nature, and in expending all their
research upon these, passing over experiments
and ordinary observations with contempt. And
they seem to have been determined to this choice
either from the pursuit of applause, or from having
fallen into this error, that the office of philosophy
is as much to trace the cause of ordinary occur-
rences and the remoter causes of those causes, as
it is to harmonize extraordinary with ordinary
events. But the cause of this universal complaint
respecting natural history is chiefly this, that men
have not merely erred in their mode of proceed-
ing, but in their design. For that natural history
which now exists seems to have been composed
either on account of the profitableness of experi-
ments or the pleasure of details, and to have been
made for its own sake, and not to serve as the
elements, and as it were to be the nurse of phi-
losophy and the sciences. It is therefore my
design, as far as lies in my power, to supply this
deficiency. For I have long since made up my
opinion as to the province of abstract philoso-
phies: it is my intention also to adhere to the
methods of true and good induction, in which are
contained all things; and, as it were, by the help
of instruments, or, by a clue to a labyrinth, to
assist as much as possible the power of the human
understanding, of itself inadequate and very une-
qual to the attainment of the sciences. And I am
at the same time aware that if I would include in
that restoration of the sciences, which I have in
contemplation, any greater scope, I might indeed
reap the greater honour.
Put since it has pleased God to give me a mind
that can learn to yield to circumstances, and out
of a sense of real desert and confidence of success
to reject with readiness what is only plausible, I
have taken upon myself that part of the work
which would probably have been passed over by
others altogether, or would not have been treated
in accordance with my design. And there are
two admonitions which I would give on this head,
as at other times, so especially now, in proceed-
ing to this very thing : first, that we should dis-
miss that motion, which, though so thoroughly
false and destructive, easily takes possession of
the mind, that the investigation of particular
objects is an infinite and endless task : when the
truth rather is, that there is no bound to mere
opinions and disputes, but that those fantasies are
condemned to perpetual error and endless uncer-
tainty : but that those particular objects and the
informations of sense (taking out individuals and
degrees of things, which suffices for the investi-
gation of truth) certainly admit of comprehension,
and that neither too wide and extensive, nor too
difficult and adventurous. And, secondly, that
men frequently bear the object in mind, and that
when they fall upon the consideration of very
many of the most ordinary, small, and apparently
trivial and even low subjects, and which, as Aris-
totle says, seem to require a previous apology,
they will not think that I am trifling, or taking
down the dignity of the human mind. For these
things are not sought out or described for their
own sakes, but no other way is open to the human
understanding, nor any other method left of pur-
suing this work; since we are attempting an
object of unrivalled importance, and most worthy
of the human mind, to kindle in this our age,
through means offered and applied by the Deity
himself, the pure light of nature, the name indeed
the boast of men, the thing itself entirely un-
known. Nor do I dissemble my opinion that
that preposterous subtlety of arguments and ima-
ginations in the time of which the subtlety and
truth of the first information or true induction was
either passed over or ill set on foot, can never
effect a restoration, though all the genius of past
ages should unite in the design ; but that nature
like fortune has her hair only upon her forehead.
It remains, therefore, that the work be entirely
recommenced, and that, with greater helps, and
laying aside the heats of opinion, an entrance be
opened into the kingdom of philosophy and of the
sciences, (in which all the wealth of man is stored,
for nature is overcome only by yielding,) in the
same manner as into the kingdom of heaven, into
which we cannot enter but as little children. But
the profit of this work, that plebeian and promis-
cuous advantage derived from experiments them-
selves, we do not altogether condemn, since it can
doubtless marry desirable suggestions to the ob-
servation and invention of men according to their
various arts and talents. But we deem it ex-
tremely small in comparison of that entrance into
human knowledge and power, which, through,
the divine mercy, we look for. And of that
mercy we again desire, that it may see fit to
enrich anew the human family through our hands.
The nature of things is either free, as in species,
or confused, as in monsters, or straightened, as in
660
PHENOMENA OF THE UNIVERSE.
the experiments of the arts ; but it acts in what-
ever class are worthy of commemoration. But
the history of species which at present exists, as
of animals, metals, and fossils, is tumid and im-
pertinent; the history of prodigies vain and
grounded upon slight reports ; the history of ex-
periments imperfect, tried by parts, treated neg-
ligently, and made entirely with a view to action
and not philosophy. It is, therefore, my design
to contract the history of species, to examine and
revise the history of prodigies, and to put forth
my principal labours upon experiments mechanical
and artificial, and upon the subjection of nature to
the hand of man. For what are the sports and
wantonings, as it were, of nature to us 1 that is,
those trifling differences of species according to
their forms, which are of no service to our pur-
suits, and with which natural history, neverthe-
less, teems. The knowledge of things wonder-
ful is, indeed, pleasant to us, if freed from the
fabulous, but on what account does it afford us
pleasure 1 not from any delight that is in admira-
tion itself, but because it frequently intimates to
art its office, that from the knowledge of nature it
may lead it whither it sometimes preceded it by
its own unassisted power. To artificial experi-
ments we entirely attribute the first place in
kindling the light of nature, not so much because
they are highly useful of themselves, but because
they are the most faithful interpreters of natural
occurrences. Would any one, for instance, have
so clearly explained the nature of lightning or of
the rainbow, before the reason of both was de-
monstrated, of the one through the instruments
of war, of the other through the artificial resem-
blances of the rainbow on the wall. But if they
are faithful interpreters of causes, they will also
be certain and successful signs of their effects and
operations. And I shall not depart from this
threefold division of my history to treat each
subject separately, but shall mix the kinds them-
selves, natural with artificial, ordinary with extra-
ordinary, and keeping close to every subject in
proportion to its utility.
It is usual to begin with the phenomena of the
air. But in strict adherence to my object, I
should prefer those phenomena which constitute
and produce a more common nature of which both
globes partake. We will begin, therefore with
the history of bodies according to that distinction
which appears the simplest, that is, the quantity or
paucity of matter contained and extended within
the same space or the same boundaries. For as no
axiom in nature is more certain than that twofold
one, that out of nothing, nothing comes, and that
there is not any thing which can be reduced to no-
thing, but that the quantum itself of nature, or the
universal sum of matter, is ever the same, admitting
neither of increase nor of diminution; so it is not
less certain, although it has not bean so clearly
remarked or asserted, (whatever men may pretend
respecting the power of matter being equally pro-
portioned to its forms,) that out of that quantum
of matter more or less is contained under the same
dimensions of space, according to the difference
of the bodies by which they are occupied, of
which some are very evidently found to be more
compact, others more extended or diffused. For
a vessel or a cavity filled with water and air can-
not receive the same portion of matter, but the one
more and the other less. If, therefore, any one
were to afesert that from an equal quantity of air
an equal quantity of water could be produced, it
would be the same with asserting that something
could be produced out of nothing. For that must,
of course, be supplied out of nothing which is
supposed to be wanting in matter. Again, if it
were asserted that an equal quantity of water
could be turned into the same quantity of air, it
would be the same with asserting that something
could be reduced to nothing. For the superfluous
matter must, of course, have vanished into no-
thing. And I do not doubt that this will admit
of calculation imperceptible in some respects, bat
definite and certain, and known to nature. As, if
one were to say, that a body of gold compared
with a body of spirit of wine were a collection of
matter exceeding in a ratio of twenty to one, or
thereabout, he would speak the truth. In setting
forth, therefore, that history which I have spoken
of respecting the quantity and paucity of matter,
and the union and expansion of matter, from which
those notions of density and rarity (if rightly con-
sidered) have their rise, I shall preserve this or-
der; in the first place, to give an account of the
relative proportions of different bodies, (as of gold,
water, oil, fire,) and having examined the ratios
of different bodies, I will afterwards treat of the
ret i rings and excursions of the same body, with
calculations or proportions. For the same body,
without accession or subtraction, or with the
smallest possible degree of either, from various
impulses both external and internal is able to ga-
ther itself into a greater and lesser sphere. For
sometimes the body endeavours to return to its
former sphere, and sometimes evidently exceeds
it. In the first place, then, I will enumerate the
courses, differences, and proportions of any natu-
ral body, (in relation to its extent,) comparing
them with its interstices or pores, that is, its pul-
verizations, calcinations, vitrifications, dissolu-
tions, distillations, vapours, exhalations, and in-
flammations. In the next place, I shall lay down
the actions and motions themselves, the extent
and bounds of the contraction and dilatation, and
when the bodies return to themselves, and when
they exceed according to the measure of their ex-
tent; but I shall note particularly the efficients
and means through which this kind of contractions
and dilatations of bodies follow, and, in the mean
PHENOMENA OF THE UNIVERSE.
561
time, shall subjoin by the way, the powers and
actions which accrue to bodies from such com-
pressions and dilatations.
And as I well know how difficult it is in the
present state of the mind to acquire a familiarity
with nature now from the very elements, I shall
add my own observations, in order to excite the
attention and raise the thoughts of others. But
with respect to demonstration, whether as to the
discovery of the density and rarity cf bodies, I
have no doubt that, with respect to thick and pal-
pable bodies, the motion of gravity, as it is called,
can be assumed as the best as well as readiest
proof; for the gravity of a body will be in propor-
tion to its compactness. But after we have come
to the class of ethereal and spiritual substances,
then indeed we have no measure or rule whereby
to go, and shall need another method of investi-
gation. But we will begin with gold, the heaviest
of all bodies within our knowledge, (for philoso-
phy is not yet so matured as that we ought to
venture an opinion respecting the bowels of the
earth,) and embraces the greatest quantity of mat-
ter in the smallest space ; and we shall apply the
ratios of other bodies to the sphere of this ; inti-
mating, however, that here we scarcely touch
upon the history of weights, except as far as it
may throw light upon the demonstrating of the
dimensions of bodies. But as our design is not
to publish conjectures, but to discover and gain
knowledge, and this appears to lie in the exami-
nation and proof of the first experiments, I have
determined in every very subtile experiment to
subjoin the mode of experiment I have made use
of, that after it is clearly ascertained how each
thing by itself appears to me, men may see how
far they may rest satisfied, and what further re-
mains to be done, whether in the correction of
errors whioh may still cleave to the work, or in
the calling forth and employing of more accurate
modes of proof. And I will for my own part
diligently and sincerely intimate those subjects
which appear to me to be less satisfactorily ex-
plored, and to lie, as it were, nearer and more
open to error. Lastly, I will add my own observa-
tions, as I before said, so that whilst every part of
philosophy is preserved entire, I may yet even by
the way turn the face itself of natural history to-
ward philosophy . It will be my care also to remark
whatever those things are, whether experiments or
observations, which occur and intervene beside the
scope of inquiry, and pertain to other denomina-
tions, that the investigation may be kept distinct.
A TABLE OF THE CONJUNCTION AND EXPANSION
OF MATTER THROUGH 8PACE IN TANGIBLE BO-
DIES, WITH A CALCULATION OF THEIR RATIOS
IN DIFFERENT BODIES.
That eeevsy tha
Of pare gold
quicksilver
lead
Vol. 11—71
specs, ar err aamattf axtaniad.
Am ok. or dwt gr.
- 10 0 - - 1
. ]0 9 - - t
. - IS U - - 3
Aa<
■.or
10 il
Ofsilver -
•
.
•
•
4
tin glass
-
-
10 IS
-
-
9
copper -
«■>
•
0 8
«B
*
6
ctialctform gold
•
-
0 9
•
•
7
steel
«■>
•
8 10
«B
.
8
brass
•
«
8 9
«B
•
9
Iron
•
«
8 6
«B
•
10
tin
.
•
7 ft
«B
«•
11
the loadstone
.
•
SIS
«B
*
It
the touchstone
.
.
S 1
«B
«•
IS
marble -
.
.
ttt*
•
*
14
flint
.
.
»»♦
*
*
15
gla*S
•
«•
ttO*
«B
•
16
crystal -
•
.
S 18
«B
m
17
alabaster
«■>
•
S IS
•
m
18
rock salt
«»
.
S10
«B
m
10
common loam
•
.
58
•
•
to
white loam -
•
•
*
.
tl
nitre
«■>
.
S 5
«B
w
tt
ox bones
•
.
S S
«B
«
ts
powdered margaritee
«
S S
•
«
t4
sulphur
•
•
S S
«B
•
tft
common earth
•
.
* It
•
m
to
white vitriol -
«■>
.
its
«B
_
tr
Ivory
m
-
J!1*
*
-
ts
alum
-
•
1 Sl
•
•
to
oil of vitriol -
•
*
1S1
«B
•
so
white sand -
•
•
i to
.
•
SI
chalk -
«■>
«•
1 18,
•
•
St
oil of sulphur
-
-
1 18
-
-
ss
common salt
«■>
*
1 10
•
•
M
, lignum vita) -
m
.
1 10
«
.
Sft
sheep's flesh -
•
•
1 10
.
•
so
aqua fortls
«■>
*
1 7
*
*
tl
ox's born
«»
•
1 6
•
«B
38
Indian balsam
•
•
1 6
*
•
SO
red sandal wood
«■>
•
1 ft
«B
«B
40
agate
-
•
1 ft
.
*
41
new onion In the lamp, or
fresh -
-
*
1 ft
«
•
4t
camphire
fresh dry fig root
•
*
1 4
•
•
a
•
*
1 4
.
*
44
ebony -
-
.
i3
m
•
4ft
seeds of sweet fennel
•
.
*
40
clear amber -
«*
•
1 s
•
*
47
vinegar -
-
•
1 H
•
•
48
verjuice of sour applet
i -
1 s
•
-
40
water
•
•
1 s »
littUa
MM**
80
urine
.
m
1 s
«
.
ftl
oil of date leaves
•
m
1 s «
UMtoa
gflflJe*
fit
claret
•
.
1 It
.
.
ftft
white sugar -
•
•
1 *t
•
*
ft4
red wax
•
•
1 t
•
«•
ftft
hlna root
.
•
1 t
-
m
ftft
subtance of raw wlntei
r
pear -
•
•
1 t
.
.
07
distilled vinegar
«■>
-
1 1
•
•
98
distilled rosewater
-
1 1
*
•
ftft
ashes
•
*
1 o»
•
•
00
benjamin
-
-
1 0
-
-
01
myrrh -
-
-
1 0
•
-
OS
butter -
•
•
1 0
*
*
OS
fat - -
0*
•
1 0
•
«•
04
oil of sweet almonds
-
Ott,
oil extracted from green
I
mace -
•
•
Ott,
herb sweet marjoram
-
ott
petroleum
-
-
0 ts
flower of rose
•
•
Oil
spirit of wine
-
*
ott
oak
•
•
0 1
sooi
•
m
0 17
fir
m
-
0 1ft
The Mode cf Experiment upon the above Table*
Let the weights which I have used be under-
stood to be of the same kind and computation
with those of goldsmiths', a pound being twelve
ounces, and an ounce twenty pennyweights* a
pennyweight twenty-four grains. I have chosen
gold as a standard of the ratios of other bodies,
according to the measure of its extension, not so
much because it is the heaviest of bodies, as be-
cause it is the most unique. For, other bodies,
which, in some degree, partake of inconstancy
even after they have been tried by fire, retain a
diversity of weight and dimension ; but pure gold
S62
PHENOMENA OF THE UNIVERSE.
appears to be entirely free from this property, and
to be the same in all circumstances. The experi-
ment adopted in this case was this : I made an
ounce of pure gold into the form of a cube ; I then
prepared a small square vessel to receive that
body of gold, and to agree with it exactly, except
that it was a little too high ; yet, so as that there
might be marked, by a distinct line, a space
within the vessel in which the gold cube might
ascend. I did that for the sake of fluids, tfyat,
when any fluid was to be put into the same vessel,
it might not flow over, but, by this method, be
more conveniently preserved in an accurate mea-
sure. 1 had, at the same time, another vessel
made, in size and weight equal with the former,
'that, in a like vessel, the ratio of the contents of
the body might appear by itself. Then, I had
made cubes of the same magnitude or dimensions
in all those materials specified in the table, which
were capable of division. But, the fluids I made
use of at the time, by filling the vessel until the
fluid ascended to the place that was marked ; and
the powders in the same manner ; but those as
closely pressed as possible; but this with an
especial view to their lying even and not suffer-
ing injury. The proof, therefore, was no other
than that, one of the vessels being empty, should
be put with an ounce in one scale, another of the
vessels in another, with a body in the lump, and
the ratio of the weight be taken ; so that, in the
proportion of its diminution would the dimensions
of the same body be increased. For example,
when a cube of gold gives one ounce, but one of
fat a pennyweight, it is clear that the extension
of the body of gold, compared with the extension
of the body of fat, has a twentieth ratio. It was
desirable, also, that the mode should be noted
down of the measure which comprehended an
ounce of gold ; it was that of a pint of wine, ac-
cording to English measure, a fraction a little less
than two hundred and sixty-nine. The proof
was this: 1 marked the weight of the water
whicli was in the vessel, under the line aforesaid,
and then the weight of water contained in a pint,
and collected the ratios of the measures from
those of the weights.
Cautions.
Observe whether, perchance, a closer contrac-
tion of the body from the united force produce a
greater ratio of weight than is in proportion to the
matter, whether or not this be the case, will ap-
pear from the peculiar history of the weight. If
it should be so, the calculation is certainly erro-
neous, and the more bodies are extended, so much
the more of matter they possess, than is in pro-
portion to the calculation of weight and measure
which depends upon it. |
The smallnes8 of the vessel which I made use ;
of, and the form of it, although very convenient .
for the receiving of the beforementioned cubes, .
was not equally suitable for the taking of the
ratios with the strictest accuracy. For it could
not well receive particles beneath a half or a
quarter of a grain, and that square surface, in a
small and imperceptible ascent or altitude, was ca-
pable of attracting a remarkable difference in the
weight contrary to what it is in vessels rising to
a point.
3. There is no doubt, that very many bodies
noted in the table receive more or less within
their species, according to weight and dimension.
For, waters, wines, and the like, differ from one
another in gravity. Therefore, as it respects the
minutest calculation, the thing itself receives
some modification; neither can the individuals,
upon which our experiment falls, decide with
exactness the nature of the species, nor, perhaps,
agree minutely with experiments made on others.
4. I have set down in the above table those
bodies which could conveniently fill the space or
measure, each with its body in the lump, and
could, as it were, be assimilated, and from the
ratios of the weight, of which a judgment might
be formed respecting the collection of matter.
Three kinds of bodies, therefore, could not be
brought into our computation ; first, those which
would not satisfy cubical dimension, such as
leaves, flowers, fibres, membranes ; 2dly, bodies
with unequal pores and cavities, as sponges,
fleeces, and cork; 3dly, pneumatic bodies are
without weight.
Observation*.
The collection of matter in those tangible
bodies which have come under my observation,
is within the ratios of twenty-one parts, or there-
about. The collection of matter is found most
compact in gold, and most expanded in spirits of
wine, (we speak of bodies which are whole and
not porous.) For spirit of wine occupies a space
twenty times, and that repeated, of the space
which gold does, according to the ratios of one
ounce to twenty-two grains. For, of those
twenty-one parts, of which some are more com-
pact than others ; metals occupy thirteen parts,
for tin, the lightest of metals, is almost eight
pennyweights, thirteen, that is to say, below that
of gold. For, all this kind of variety, leaving
metals, is confined within those eight remaining
parts, and, again, that remarkable variety which,
by beginning inclusively from stones, is extended
to those other subjects, is confined within three
parts only, or but little more. For the touchstone,
the heaviest of stones, (excepting the loadstone,)
preponderates by little more than three penny-
weights. But spirit of wine, the limit of levity
in compact bodies, is lighter by little less man
one pennyweight. A great gap presents itself
from gold and quicksilver to lead, namely, from
twenty pennyweights and a little under, to less
than twelve. And, although great metallic bodies
PHENOMENA OF THE UNIVERSE.
563
abound in variety, I am not inclined to suppose
that there are any intermediate bodies, excepting,
perhaps, the elements of quicksilver. From lead
there is a gradual ascent to iron and tin. Again,
there appears a great hiatus between metals and
stoneB, namely, from eight to three pennyweights ;
for such, or about such, is the distance from tin
to the touchstone. Only between these comes
the loadstone, and almost on a par, and this is a
metallic stone ; and, probably, other fossils may
be found of imperfect mixture, and of a nature
compounded between stone and metal. From
stones, indeed, to the other bodies, there is a gra-
dual variation.
But we little doubt that, as to vegetables, and
also in the parts of animals, they show themselves
more than other bodies, although of sufficiently
equal texture, which surpass spirit of wine in
lightness. For, even the wood of the oak, which
is firm and solid, is lighter than spirit of wine,
and the wood of the fir much more. And very
many flowers and leaves, and membranes and
fibres, as the skins of serpents, the wings of in-
sects, and the like, would doubtless approach the
lesser ratios of weights, (if they were capable of
cubic dimension,) and much more artificial sub-
stances, as tinder, the leaves t>f roses after distil-
lation, and the like.
We generally find, as to the parts of animals,
some bodies more compact than in plants. For,
bones and skins are more compact than woods
and leaves; for, we must correct that proneness
which the human mind entertains toward conjec-
turing that bodies are hard and consistent, in pro-
portion to their compactness and solidity, but that
fluids are naturally less contracted. For, a col-
lection of matter is not less in fluids than in
solids, but rather more. Gold, by a certain soft-
ness which it possesses, verges to a fluid state, and,
when liquefied, is not extended, but is contained
within its former place. And quicksilver flows
of itself, and lead easily flows, iron with difficulty,
of which the one is a very heavy, the other a very
light body. But this is especially to be noted,
that metals which are frangible (fluids, to wit)
far exceed stones in weight.
It is very remarkable of gold and quicksilver,
which are so much heavier than other metals, that
they are found sometimes in grains and small
particles, as if perfect by nature and commonly
pure, which happens to no other metals, which
must unite and be purified by fire, whereas these
two, the conjunction of which is by far the great-
est and the strictest, is natural and without the
aid of fire.
In the investigation of the nature of metals and
stones, some inquiry should be made respecting
those metals which are found lower than others
and are deeper in the earth, as to whether there
is any certain rule and standing experiment on
this head. But here we must take into the con-
sideration the region in which the mines or quar-
ries are found, whether it be higher ground or
whether lower. And in the same manner as to
stones and diamonds that are crystals, whether
the stony nature penetrate the earth so deeply as
the metallic, or rather attaches only to the surface,
which appears the more probable supposition.
Sulphur, commonly deemed the father of metals,
though generally not so by the learned, or sulphur
transferred to a kind of natural and not common
sulphur, has a collection of matter inferior to
every kind of metal and even to stones and the
stronger earths, by two pennyweights and two
grains; and yet, (if other circumstances concur,)
if mixed up with mercury, on account of the ad-
mirable gravity of this latter, it could give the
weights of all metals according to the ratio of the
temperament, except the weight of gold.
The efficient of conjunction in bodies is not
always considered in respect to their accumula-
tion. For glass, which joins by means of a fierce
and powerful fire, outweighs crystal, which is
its original nature, and is extracted without fire
or apparent heat; for as to ice being a solid, that
is a popular error, and crystal itself is much
heavier than ice, which is plainly kept together
by cold, and yet it floats upon the water.
The mixture of liquors does not depend upon
or arise from the ratios of their weights only,
since the spirit of wine is not mixed with distil-
led oil of almonds, but (what would not appear
probable) floats upon oil as oil upon water; and
yet (as may be seen from the table) is only lighter
by a grain and a half. But at the same time spi-
rit of wine is by far more easily mixed with the
spirit of water, though heavier; and as water
itself is more easily mixed with oil of vitriol than
with oil of olives ; and yet oil of vitriol is heavier
than water by eighteen grains, but oil of olives
lighter by four. But this is not to be received
without a particular consideration of the weight
in bodies proportioned according to the mixture.
For we see that wine floats upon water, if the
agitation is repressed or there is a perturbation of
the descent or first state ; as when into a vessel
in which water is contained you pour wine,
but with a piece of bread or cloth intervening,
which would break the power itself of the first
condition. And the same takes place in water
poured upon oil of vitriol with this design. And
what is more ; although wine be first poured in
and afterwards water (upon the bread or cloth as
aforesaid,) it finds its own place, and passes
through the wine and settles itself.
Continuation of the History tf the Conjunction and
Expansion of the Matter in the same Body.
I deem that our investigation into the ratios of
powders will be attended with greater utility if
we compare them with the bodies themselves, in
their complete state, and do not consider them
604
PHENOMENA OF THE UNIVERSE.
simply by themselves. For by this means a
judgment may be formed respecting the difference
of the bodies and concerning those connexions
and chains of their perfect nature which are the
closest. But in the ratios of powders, we under-
stand powders as compressed as possible. For this
conduces to their evenness, and does not suffer
accident. Mercury in the lump has in that ex-
perimental measure on which the table proceeds,
19 dwt and 9 gr., but sublimated in powder,
3 dwt. and 22 gr.
Lead in the lump, 12 dwt. l£ gr., but in white
lead, in powder, 4 dwt. 8 J gr.
Steel in the lump, 8 dwt. 10 gr., but in pre-
pared powder, (such as is used in medicines,) 2
dwt. 9 gr.
Crystal in the lump, 2 dwt. 18 gr., in powder,
1 dwt. 20 gr.
Red sandal in the lump, 1 dwt. 5£ gr., in pow-
der, 16} gr.
The wood of the oak in the lump, 19£ gr., in
ashes, 1 dwt. 2 gr.
But that the ratios of powder pressed and not
pressed may be the better understood, and that
according to the difference of the bodies, I have
taken the weight of roses in powder, since it
could not be taken into the table in the lump :
that gave in powder not pressed, 7 gr., in powder
pressed, 22 gr., but at the same time in the wood of
the tried red sandal, red sandal in powder not
pressed, 10 gr., pressed, 16i, so that powder of rose
is much lighter than that of sandal if not pressed,
heavier if pressed. I have also taken, as a supple-
ment to the former table, the ratios of powder in
some examples from flowers, herbs, and seeds,
(for the dimension of roots could not be cubic,)
for an example of the rest in their own species ;
and I find that the powder of rose-flower, as afore-
said, gives 22 gr., of sweet marjoram* 23, of
sweet fennel, 1 dwt. 3} gr. J have taken also
in powders the weight of other bodies which
eould not have been taken into the table, as of
white sand. This gave 1 dwt. 20 gr.; of common
salt, 1 dwt. 10 gr.; of sugar, 1 dwt. 2} gr.; of
myrrh, 1 dwt ; of benjamin, 1 dwt. In this same
table you may see that sulphur, in the lump, yields
2 dwt. 2 gr., in chymic oil, 1 dwt. 18 gr.; but
vitriol in the body, 1 dwt 22 gr., in oil, 1 dwt
21 gr.; wine in the body, 1 dwt. 2 gr., and dis-
tilled, 22 gr. ; vinegar in the body, 1 dwt. 2 gr.,
distilled, 1 gr. 1 dwt
Cautions,
When we speak of weight in the body, and in
the powder, we do not understand it of the same
individual, but of the body and powder of the
same species contained within the same tabular
measure.
For if the wood of the oak be taken and at the
same time the wood in the individual be reduced
to ashes ; it both loses a great part of its weight,
and the ashes do not by a considerable proportion
fill the measure of the wood.
The method of pulverization has considerable
influence with respect to the opening or expanding
the body. For there is one ratio of powder which
is produced by simple bruising or filing, another
of that which is produced by distillation, as of
sublimate ; another of that which is produced by
turning it, as it were, into rust by means of aqus
fortes, and consumptions ; another of that which
is produced through fire, as cinders, calx. When
these, therefore, are under consideration, they will
not admit in any way of comparison.
It is not my design to dwell longer on each
particular subject than is requisite in order to my
present undertaking ; I cannot, however, refrain
from intimating by the way such others as would
facilitate it, though not absolutely demanded in
this place: especially I would propose that a
table should be made of bodies with their pores,
with each body with its powders, calcinations,
vitrifications, dissolutions, and distillations.
We leave to the proper history of weights the
history of the variation of weights in individuals,
that is, of the same body in the lump and in pow-
ders, as of water in snow or ice, and the same
dissolved, of an egg raw and prepared for food,
of a fowl alive and dead.
Observations.
In more compact bodies the compactness of the
parts is much closer than to admit of being
equalled by any position or pressure of its pow-
ders. And in proportion to the gravity and
solidity of bodies is the difference between the
whole bodies and their pores, as the ratio of
quicksilver in a state of nature to quicksilver
sublimated in powder is fivefold or more; the
ratios of steel and lead do not ascend to fourfold;
the ratios of crystal and sandal do not ascend to
twofold.
In lighter and porous bodies there is perhaps a
looser position of the parts in the bodies in their
whole state than in their compressed powders, as
in dry rose-leaves. And in bodies of this kind
there exists a greater difference between their
powders pressed and not pressed.
The parts of powders can so sustain themselves
that powder not pressed will fill a measure thrice
that of powder pressed.
Metallic bodies, as sulphur or vitriol, turned
into their oils, retain their weight to a remarkable
degree. There is not, indeed, a great differ-
ence between the oils and the bodies themselves.
Doubtless by distillation they are attenuated and
lose in weight: but this is the case with wine
in a double degree to what it is with vinegar.
The pore in sublimated powder, as compared
with that in the body in its natural state, is
PHENOMENA OF THE UNIVERSE.
565
worthy of notice from this circumstance, that
although so great, (for it is as I have said five-
fold,) and that not in a transient, as in the vapours
of quicksilver, but in a consistent body, it returns
without difficulty to its former orbit.
Continuation of the History, of the Conjunction
and Expansion of Matter through Space in the
same Body.
Animals in swimming depress the water with
their hands or feet; that being depressed, rises
above its natural consistency, and bears up the
body rising upon it. But skilful swimmers can
so balance themselves upon the water, as to keep
themselves up for a time without moving their
arms or legs ; nay, to walk upright and on the
water, and perform other feats of agility.
Waterfowls, indeed, are webfooted, and so can
conveniently depress the water with the mem-
branes of their feet; but can swim better in deep
water.
Bird 8 in flying beat and condense the air with
their wings, but the air, (as was said of water,)
restoring itself to its own consistency, carries
the bird. And birds also sometimes cut their
path with expanded wings, but retained in one
position, or now and then striking their wings
a little and then returning to their gliding motion.
And there is an analogy between winged animals,
whether feathered or not. For flies and all
creatures of that kind have their membranes of
wings with which they beat the air. But the
weakness of their wings is made up by the
lightness of their bodies. Winged creatures are
more easily borne up aloft, especially those
which have broader wings, as the swallow,
though their motion is not so swift. And all
birds which are of considerable magnitude have
more difficulty in the first stage of their flight, in
elevating themselves from the earth, since the air
is of course not so deep.
Caution,
The motion of condensation in water, or air, or
the like, is manifestly through striking or moving
upon it. The parts of air or water, the farther
they are from the first stroke or impulse, the
weaker they are struck, and the slower they give
way ; but as they are nearer, so much the more
forcibly and quickly ; whence it necessarily hap-
pens that the anterior air, which flies with more
rapidity, comes up to the posterior air, which is
slower in its course, and so they come together.
But since a greater condensation than is natural
results from their conjunction, the bodies of
water or air leap back and return, in order to open
and loose themselves.
History,
The face of water and of every fluid is uneven
after agitation and perturbation, and that by an
inequality movable and successive, till the water
regains its proper consistency and is freed from
the pressure : as in the waves of the sea and of
rivers, even after the winds have calmed, and in
all disturbed water.
The same kind of inequality is evidently in the
winds also, which roll themselves together in the
same manner as the waves : neither do they re-
turn to tranquillity immediately on the cessation
of the first impetus, except that in the undulation
of the air, the motion of gravity, which in water
is joined with the motion of liberation from pres-
sure, does not intervene.
A stone thrown sidelong on the water (as boys
do in play) leaps off and repeatedly falls, and is
struck again by the water. Swimmers when
from an eminence they leap headlong into the
water, guard against dividing it through the join-
ing of their thighs. Lastly, water struck by the
hand or by the body with power, beats like a
ferula or any rather hard body, and causes pain.
And in skiffs and keels of vessels* which are
guided by the force of oars, the water poshed
forward and borne down by the oars behind the
rowers forces the skiff forward, and makes it
move on its way, and bound onward, as a boat is
moved off from the shore by the waterman's
pole. For the water, gathering itself behind the
stern of the vessel and urging it into a contrary
direction, is not the principal cause of this,
which nevertheless arises from the pressure re-
laxing itself.
Air, in avoiding compression, imitates and puts
forth all the actions of a solid body ; as we may
see in the winds, which direct the courses of
ships, overthrow houses and trees, and prostrate
them to the ground.
The stroke that is given from a sling, hollow
and long, so as to help the compression of the air,
is owing to the same cause.
Boys in imitation of cannon scoop out the
wood of the alder tree and stop up each end of m
squirt with bits of the root of the fleur de luce,
or of paper rolled up, and then shoot off the little
ball by means of a wooden pin, but before that
touches it, the further ball is sent off with an
audible force by the power of the air shut up in
the squirt.
Air forcibly condensed becomes colder and
seems to approach nearer the nature of water, as
when we raise the wind with a fan, we perceive
the air with a hurried motion by pressing forward,
beating back again, or as when by drawing our
lips together, the breath becomes cold, or as may
be seen in bellows.
And when in the open air, you will find that it
is much cooler when the wind is blowing than
when the air is perfectly calm.
In the generation of sounds air condensed imi-
tates the nature of a solid body, for, as between
two solid bodies sound is produced by percussion,
3B
666
PHENOMENA OF THE UNIVERSE.
so a sound is produced between a solid body and
air condensed, and again between two opposite
bodies of condensed air. For, with respect to the
chords in musical instruments, it is plain that the
sound is not emitted by touch, or by the percus-
sion between the finger or the bow, but between
the chord and the air.
For a chord when it rebounds, and that with
celerity from its being stretched, first condenses
the air, and then strikes it. Instruments also put
into sound by the breath, on account of the very
weak motion of the breath compared with that of
a stringed instrument, are of necessity made
hollow to assist the compression of the air, which
is also considered an assistance in stringed in-
struments.
Water pent up makes a way for itself with a
powerful impetus, and diffuses itself on all sides,
in order to obtain its natural latitude, as under the
arches of bridges. In the same manner also wind
narrowed and condensed bursts forth with vio-
lence. Whirlpools produce whirlpools, for, since
the natural relaxation is impeded, each part sus-
tains an equal pressure.
Water emitted on a sudden with force from a
confined space, reflects the resemblance of a con-
tinuous body, as of a thread or rod, or branch of a
tree, and becomes straight, afterward bends, then
divides itself, and disperses itself into a circle
into drops, as in little pipes, or syringes, and
gutters.
There is a kind of pool not uncommon in ponds,
especially after hay has been mown, or rather
seen from that circumstance. The hurricane
sometimes raises a quantity of hay in the air, and
carries it along for a time together and not scat-
tered, until, after it has been borne to a considerable
height, the hay disperses itself and forms, as it
were, a canopy.
A wooden platter, empty and turned down-
wards, and placed evenly on the surface of the
water, and afterward put under the water, bears
with it down to the bottom of the vessel the air
before contained in the platter ; but if, with the
like equilibrium, it be again taken out of the
water, you will find the air to have conveyed
itself into not much less space than it before
filled. This will appear from the colouring of
the lip of the platter at the place whither the
water had ascended, and from which the air
received itself within.
In a bed-room, if a window be left open when
the wind blows, if there be no other vent, it is not
very much felt, (unless it be violent,) since it is
not received by the body of wind which had filled
the room, and was somewhat condensed by the
first gentle wind, and afterwards does not admit
of condensation; but as soon as a vent is given,
it is then manifestly perceived.
For the more comfortable continuance of work-
men under water, it has been thought that a large
hollow vessel might be constructed of metal, or
of some other kind of material, to be let down to
the bottom of the water ; that it might be sus-
tained by a tripod, with the feet affixed to the
brim of the vessel, and the feet to be a little less
than the human stature. The vessel was let
down into a great depth, with all the air it con-
tained, in the same manner as was described in
the case of the platter, and was set upon its feet,
and stood just by the spot where the work was to
be carried on. But the divers, who were the
workmen, when they .wanted respiration put their
heads into the hollow of the vessel, and having
taken a supply of air, returned to their work. And
I myself in a bath made my servant put his head
into a basin under the water depressed with air,
and he so remained for half the quarter of an hour,
until he felt that the air, warmed by his breath,
brought on a feeling of suffocation.
To try by the bladder whether air readily
admits of some small contraction, would be a fal-
lacious experiment For when the bladder is
filled with wind, the air is condensed by the wind
itself, so that the air within the bladder is more
dense than common air, and therefore may be ex*
pected to be less adapted to a new condensation.
But in the usual experiment of the wooden plate
forced down beneath the water, you may see that
the water, entering from the extreme part of the
vessel, has occupied some space, and that the air
has occasioned a defalcation of the same space.
But in order more clearly to illustrate the pro-
portion, I placed a small globular, or other solid
body, and that would sink, at the bottom of the
vessel, above which the plate was to be placed ;
then I placed above that another plate, metallic
and not wooden, that could stand of itself at the
bottom of the vessel. But if that body be small
in size, when it is received into the hollow of the
plate, it forces the air together, and does not
expel it; but if of greater magnitude than to
admit of the easy yielding of the air, the air, im-
patient of this greater pressure, somewhat lifts up
the plate, and ascends in bubbles.
And I had a hollow leaden globe made, the sides
of it sufficiently firm to bear the force of a mallet or
of a press : and this globe, being struck at either
pole with mallets, approached nearer and nearer
to a planisphere. And it yielded more readily
under the first contusions, afterward less so, ac-
cording to the measure of the condensation ; so
that at the last the mallets were of but little ser-
vice, and there was need of pressing, and that
with some violence. But I enjoined, that, after
the pressing, a few days should be suffered to
elapse, but this has no relation to our present
design, but looks another way.
Air, by a powerful exsuction into closed ves-
sels, is extended or dilated, so that part of the air
being removed, the remainder, nevertheless, fills
the same measure as the whole had filled ; and yet
PHENOMENA OF THE UNIVERSE.
567
so as to endeavour, as much as possible, to restore
itself and to get rid of that extension. You may
perceive this in eggs, which contain scented
water, and are broken in play, so that they imbue
the air with their scent. The way to try it is to
let all the food that is in the egg be drained, then
let a person confine, by a powerful exsuction, the
air itself which has found its way in, and imme-
diately on exsuction bore a hole with the finger,
place the egg thus closed under the water, and
then take away your finger. But the air, turned
aside by this tension, and endeavouring to recover
its place, draws the water, and enters till that
portion of air regains its former consistency.
I have tried the same experiment with a glass
(or philosopher's) egg, and find that the water
received is about an eighth part of the capacity ;
so much was the air extended by exsuction. But
this depends upon the greater or less violence of
the exsuction. But toward the end of the exsuc-
tion, it drew with it the brim of the vessel itself.
I moreover made use of a new experiment, namely,
after exsuction to stop up the hole with wax, and
let the egg remain so sealed up for a whole day.
I did thia to try whether that day would lessen
the inclination of the air, as is the case in con-
sistent bodies, in twigs, bars of iron, and the like,
the motions of which, to recover themselves from
tension, become feebler through delay ; but I find
that the effect remains in this instance the same;
the egg continues to draw, and with the same
force, the same quantity of water as if it had been
forthwith put in after exsuction: so that when
the hole was opened out of the water, it drew in
new air with an audible sound, but the effect of
further delay I did not try.
If bellows are suddenly raised and" opened, and
no breathing place is given, they break ; for since
so great a quantity of air, as can fill the inside,
rising suddenly from a level to a height, cannot be
drawn through the narrow strait of the beak of the
bellows, and the air which is already within it
cannot be extended over such a space, the bellows
must break.
History.
If water be in a just quantity put into a glass,
and the water's ascent be marked, and a common
cinder cleaned through a sieve be put into the
water and settle in it, you will see the space
occupied by the cinder at the bottom ascend higher
by one-fourth than the body of water had ascended
on the surface from the place before marked ; and
hence it is plain, that the water mixed with the
cinder either changes its orbit and contracts itself,
or that it receives the cinder within the hollow
part of the water, since it by no means expands
itself in proportion to the cinder received. But
if you try this in the very lightest and thinnest
sand, (but not calcined or reduced by fire,) you
will find that the water rises at the surface ac-
cording as the sand does at the bottom. I think
also that many infusions load the water, and that
it cannot extend according to the bulk of the body
received ; but I pass by the experiment on this
subject.
Caution,
I do not confound the motion of succession,
which is called motion, to avoid the supposition
of a vacuum, with the motion of reception from
extension. For these two motions are in time and
effect conjoined, but differ in their proportion to
each other, as will appear in the proper history
of the motion of succession.
Air received through breathing becomes in a
little while vapour, so as to cover a lookinggluss
with a kind of steam, or in winter time so as to
be congealed about the beard. But that dew, as
it were, upon the bright blade of a sword, or upon
a diamond, vanishes like a little cloud, so that the
polished body seems to purify itself.
The mode of the process of water in the expan-
sion and contraction which take place in the body
of it through the medium of fire, is thus. Water
acted upon by moderate heat emits a little and
clear vapour, before any other change is seen
within the body of it ; the beat then continuing
and increasing, the body yet remaining whole, it
does not rise nor foam, as it were, in small
bubbles, but, ascending through greater ones, dis-
solves itself into copious vapour, but the water
soon flies off, and is consumed. And that vapour,
if it is not impeded, mingles with the air, being
at first visible, and even after it has vanished from
sight, perceptible, either by sending forth a scent,
or by moistening and softening the air at the
touch or at breathing. And at length it hides
itself, and is lost in that sea of air. But if first a
solid body meet it, (and so much the more if it be
equal to it and polished,) the vapour gently enters
into itself, and is returned into the water either by
the exclusion or ejection of the air, which was
before mixed with the vapour. And that whole
process is manifest, as well in the decoction of
water as in distillation. But we moreover see
vapours which are emitted from the earth, if they
have not been thoroughly subdued and scattered
by the heat of the sun, nor from the coldness of
the air equally commingled with that body of air,
although they do not meet a solid body, yet
returned into water from the very cold and desti-
tution of heat, so that in evening dew it takes
place earlier, in showers later. I have, therefore,
upon patient and diligent inquiry set down that
the expansion of air, if it be compared with
water, amounts to a ratio of one hundred and
twentyfold or thereabout.
History of the Extension of Matter in Pneumatics.
I have taken a glass phial whioh could perhaps
hold one ounce; I made choice of so small a
568
PHENOMENA OF THE UNIVERSE.
vessel as for two reasons particularly suited to
the experiment; first, that it might sooner bring
on the boiling with less heat, lest the bladder,
which was to be put above the phial, should be
burned and dried up by an intenser heat : secondly,
that it might receive a less portion of air in that
part which was not to be filled with water : since
I was aware that the air itself received extension
through fire. I determined, therefore, of making
use of but a little air, that that extension might not
disturb the ratios of the water. The phial was
not straight-necked, without any lip, (for, then,
the vapour of the water would distil more rapidly,
and the dew would glide down that part of the
bladder, which was joined to the neck of the phial,)
but with the neck at first straightened a little, and
then returned as it were with the lip. This vessel
I half filled with water, (supposing that this
would hasten the boiling,) and took the weight of
the water with the phial itself by sand put in the
scale of a balance. Then 1 took the bladder,
which might contain about half a pint, taking
care that it should be neither old nor dry, and
given to resist more from dryness, but new and
rather soft. I, then, tried the soundness of the
bladder by blowing, to be certain that there were
no holes in it, and then emptied all the air out of
it as much as possible. I also first of all applied
oil to the outside of the bladder, and made it take
the oil by rubbing it in. This I did to make the
bladder closer, and to stop up the pores (if there
might chance to be any) with the oil. I fastened
the bladder securely about the mouth of the phial,
the mouth of the phial being received into the
mouth of the bladder ; this was done with a string
waxed a little, that might adhere better and tie
more closely. But this is made better by clay
made out of meal and the white of an egg, and
bound with black paper and well dried, as I myself
have found. At last I placed the phial over burn-
ing coals on a little hearth. The water soon after
began to boil, and by degrees to inflate every part
of the bladder, till it seemed as though it would
break. I immediately removed the glass from
the fixe and placed it upon the carpet, lest the
glass should be broken by the cold, and instantly
I made a little hole at the top of the bladder with
a needle, lest, on the vapour being restored to
water at the ceasing of the heat, should fall back
and confound the ratios. But afterward I took
away the bladder itself with the string, and cleared
it from the clay, if any had been used, and then
weighed the remaining water with the phials
again. And I found that about the weight of two
pennyweights had been consumed. And I saw
that whatever of the body had filled the bladder
when it was full of wind, was made and produced
from that which had been lost from the water.
The matter, therefore, when it was contracted in
the body of the water, filled as much space as
two pennyweights of the body of water filled :
but the same matter expanded in a body of vapour
filled half a pint I, therefore, set down the
ratios according to the dimension expressed in the
table : a vapour of water can bear a ratio of eighty-
fold to a body of water. The bladder filled with
wind in the manner I have mentioned, if no
breathing-place be given, but it be removed whole
from the fire, immediately decreases from the in-
flation, and subsides and is contracted. The
vapour whilst the bladder swells, being emitted
from the hole, had another kind of vapour distinct
from the common one of water, more thin, clear,
and upright, and not so soon mingling itself with
the air.
Cautions.
We must not suppose that if there were a greater
consumption of water, a greater bladder could be
filled in proportion. I tried this and found that
it would not answer, but the inflation that follows
upon it does not take place gradually, but altoge-
ther. This I attribute partly to the inflaming of
the bladder, which was made harder and would
not yield so easily, and was perhaps more porous;
(but this might be corrected by a moist heat as
by the balneum Marim ,•) but still mora to this,
that the vapour being increased through the con-
stant succession, inclines to recover itself and
condenses itself. The vapour, therefore, which
is received into the bladder is not to be compared
to those which are received into stoves, because
these latter mutually following and urging each
other, thicken, but those expand themselves at
will from the soft and yielding nature of the blad-
der, especially at the beginning, (as I said,) before
the copiousness of the vapour brings on its re-
covery.
The expansion of the vapour of water is not to
be judged entirely from the appearance of the
vapour which flies off into the air ; for that va-
pour being immediately mixed with the air, bor-
rows by far the greatest dimensions of its mixed
body from the air, and does not remain in its own
size. And so it is amplified to the bulk of the air
into which it is received, as a little red wine or
any other coloured fluid which imparts a colour to
a great quantity of water. The exact ratios in so
minute a case cannot be obtained without laborious
and unprofitable research, and are very slightly
connected with our present design. It is enough
that from this experiment it is plain that the ratio
of vapour to water is not twofold, nor tenfold, nor
forty fold, nor again a thousandfold, two hundred-
fold, &c. For the limits, not degrees of natures,
are the subjects of our investigation. If, there-
fore, any one, by any accident or slight variation
in the mode of his experiment, whether from the
shape of the glass he makes use of, or the hard-
ness or softness of the bladder, or the degree of
heat, does not fall upon the ratio of eighty fold, the
PHENOMENA OF THE UNIVERSE.
560
consequence is immaterial. For I suppose that
there are none so ignorant as to imagine that
pneumatic and volatile vapours, which fly off from
heavy bodies, lie hid in the pores of the same
bodies, and are not of the same matter with the
ponderous body, but are separated from the pon-
derous part, when the water is, as it were, entirely
consumed, and evaporates into nothing. A live
coal, if placed in the scale of a balance and left
till it becomes a cinder, will be found to be much
lighter. Metals themselves are changed in a won-
derful degree in weight by the evolutions of their
smoke. The same matter, therefore, is tangible
and has weight, and is yet pneumatic, and can be
divested of weight.
History.
The mode of the process of oil is this. If oil
be poured into a common glass phial and placed
upon the fire, it will boil much more slowly, and
will require a greater heat than water. And at
first some drops and small grains appear scattered
through the body of the oil, ascending with a
creaking sound : the bubbles in the mean time do
not play on the surface, as is the case with water,
nor does the body rise whole, and in general no
steam flies off, but a little afterward the whole
body is inflated and dilated in a remarkable pro-
portion, as if rising in a twofold degree. Then,
indeed, a very copious and dense steam arises :
if a fire be applied to the steam, even a good way
above the mouth of the phial, the steam forthwith
produces a flame, and descends immediately to
the mouth of the phial, and there fixes itself and
continues burning. But if the oil is heated to a
greater degree, the steam burning to the last, out
of the phial, without any flame or ignited body
being applied, completely inflames itself, and
takes the expansion of the flame.
Caution.
See that the mouth of the phial is rather nar-
row, that the phial may confine the fumes, lest by
their largely and immediately mixing with the
air, they lose their inflammable nature.
nUtory.
The method of process of spirit of wine is this :
it is excited by much less heat, and brings itself
to expand sooner and more than water. It boils
up with great bubbles without froth, and even with
the raising of its whole body, but the vapour,
whilst it is collected, will on the application of
fire produce fire, at a good distance from the
mouth of the glass, not so bright (but at least as
compact) as oil, but thin and scant of a blue co-
lour, and almost transparent. But being inflamed,
it is borne to the mouth of the glass, where is a
supply of more copious fuel, as it is also with oil.
Vol. IL— 72
But if the vapour is inflamed in the part verging
a little obliquely from the mouth of the phial, the
inflammation becomes pensile in the air, undulat-
ing or winding after the appearance of vapour,
and would doubtless attend it longer if the vapour
remained together and did not confound itself
with the air. And the body itself of spirit of wine,
if no remarkable vapour goes before, the fire being
applied to it and kept to it a little while is changed
into the flame, and it expands with so much the
greater ease and swiftness, as the spirit is more
widely diffused and occupies a less altitude. But
if the spirit of wine is put in the hollow of the
palm of the hand, and a lighted candle between
the fingers is placed near the palm of the hand,
(as boys are wont to play with powder of resin,)
and the spirit is gently moved forward, and straight
forward, not upward ; the body itself burns in the
air, and when burning sometimes descends in a
right direction, sometimes unfolds a little cloud
flying in the air, which nevertheless verges itself
to descent ; sometimes when set on fire it cleaves
burning, to the roof or sides, or floor of the room,
and gradually becomes extinct.
Vinegar, verjuice, wine, milk, and other simple
liquors (I speak of vegetable and animal sub-
stances, for of minerals I will treat by themselves)
have their modes of expansion, and some remark-
able differences attending them, which it would
be out of place here to enumerate : but they are
in those natures which we have remarked in the
processes of water, oil, and spirit of wine ; namely,
in the degree of heat; and mode of expansion
which is threefold, either in the whole body or in
froth, or in rather large bubbles ; for fat bodies,
of unripe juice, as generally ascend in greater
bubbles, of dried sap, as vinegar, in leas. A col-
lection of spirit moreover differs in its site. For
in the boiling of wine, the bubbles begin to collect
themselves about the middle, in vinegar about the
sides : and it is the same in ripe and strong wine,
and again in vapid or stale, when they are infused.
But all liquors, even oil itself, before they begin
to boil, cast up a few and thin half bubbles about
the sides of the vessel. And all liquors boil and
are consumed quicker in a small than in a great
quantity.
Caution.
I consider that compounded liquors are not
proper to the history of the expansion and union
of matter through the medium of fire, because
they disturb and confuse the ratios of simple ex-
pansion and coition by their separations and mix-
tures. 1 leave them, therefore, for the proper
history of the separation and mixture of matter.
History
Spirit of wine, put in an experiment with that
elastic cap, (which I described when speaking of
water,) obtains this 6ort of expansion. I find
3 b2
570
PHENOMENA OF THE UNIVERSE.
that a weight of six pennyweights, consumed
and dissolved into vapour, filled and fully inflated
a great bladder which could contain eight pints ;
which bladder was greater by sixteen times than
that which I used in the case of water, which re-
ceived only half a pint. But, in the experiment
of the water, there was a consumption of the
weight of only two pennyweights, which is only
the third part of six pennyweights. The ratios
being thus calculated, the expansion of the va-
pour of spirit of wine bears a fivefold ratio and
more, to the expansion of the vapour of water.
And that very great expansion did not keep the
body, on the removal of the vessel from the fire,
from hastening to recover itself, the bladder forth-
with becoming red and remarkably contracted.
And, from this experiment, I began to estimate
the expansion of the body of flame on probable,
though not indisputable conjecture. For, since the
vapour of spirit of wine is so inflammable, and
approaches so near the nature of fire, I considered
that the ratios of spirit of wine, compared with
fire, agreed with the ratios of the vapour of water
compared with air. For, we may suppose that
the ratios of perfect and fixed bodies (as of air
and fire) are in harmony with those of the ele-
ments, or imperfect and moving bodies, (as of
vapours.) And it will follow from this, that fire
exceeds air by five degrees, in the rarity or ex-
pansion of matter. For such is the excess of
their respective vapours, as was before said. For,
the fire itself may bear the ratio of one and a
half to the proper vapour, not the impure, but the
highly prepared vapour; as I have laid it down,
also that air can have the same ratio to the vapour
of water highly prepared. And these experiments
do not disagree materially with what we may fre-
quently observe. For, if you blow out a lighted
wax candle, and mark the dimension of the smoky
thread which ascends, (in the lowest part before
it is dispersed,) and place the candle near the fire,
and again look at that portion of the fire which first
reaches it, you will not imagine that it exceeds
more than double the magnitude of the smoke.
If you mark with accuracy the dimension of gun-
powder, or, for greater certainty, measure it in a
little box, and again take the dimension of its
flame, after it has been lit, you will readily grant
that the flame exceeds the body, as far as it can
be told at first sight, a thousand degrees. And,
from what has been before laid down, there should
be a considerable proportion of fire according to
the nitre. But this I will explain more perfectly
in my observations upon this history. We very I
clearly see that air itself is expanded and con-
tracted from heat and cold in those bodies of wind
which physicians use for attraction. For, these
warmed over the fire, and then applied imme-
diately to the body, draw the skin, the air con-
tracting itself and gradually recovering itself.
And this it does of itself, although the hemp may
not have been put on and heated, which is osed
to produce a more powerful attraction. Moreover,
if a cold sponge be applied outside over the blis-
ter, the air contracts itself so much the more by
virtue of the cold, and the attraction becomes
more determined.
I have put a silver saltcellar of the usual bell-
tower form, in a bath or goblet filled with water,
bearing the air depressed with itself to the bottom
of the vessel. I then put two or three live coals
in the little hollow space in which the salt is
placed when applied to its ordinary use, and raised
a flame by blowing. Very soon after, the air,
rarefied by the heat, and impatient of its former
orbit, lifted up the bottom of the saltcellar on one
side, and ascended in bubbles. Hero describes
an altar so constructed as that, if you laid a holo-
caust upon it and set it on fire, suddenly water
would fall to extinguish the fire* This might be
accomplished by air being received under the
altar in a hollow space closed up, and with no
other way of exit, (when the air was extended by
the fire,) but where it might force out the water
prepared for this purpose in the channel. There
were lately in this country some Hollanders who
had invented a musical instrument, which, on
being struck by the rays of the sun, gave out a
certain harmony. This was very probably owing
to the extension of the heated air, which could
produce the motion of the instrument, since it is
certain that air acted upon by the contact of the
very slightest heat, immediately begets expansion.
But, in order to come at a more accurate know-
ledge of the expansion of the air let into that
elastic bladder, I took an empty glass, (I mean,
filled only with air,) and placed upon the bladder,
the cap of which I before treated. But when the
phial was placed over the fire, the air extended
itself more quickly and with less heat than water
or spirit of wine, but with not a very ample ex-
pansion. For it bore this proportion* If the
bladder held less by six ounces than the phial
itself, the air completely filled and inflated it; it
did not ascend easily on greater expansion ; and
no visible body proceeded out of it, after making
a little hole in the top of the bladder, until it was
inflated. A. T. R.
DESCRIPTION
OF THE
INTELLECTUAL GLOBE.
CHAPTER I.
Division general of Human Learning into Histo-
ry, Poesy, Philosophy, according to the three
Faculties of the Mind, Memory, Imagination,
Reason; showing that the same Division holds
also in Matters Theological; since the Vessel,
namely, Human Intellect, is the same, though the
Matter contained, and the Mode of its Entrance,
be different.
We adopt that division of human learning
which is correlative to the three faculties of the
intellect. We therefore set down its parts as
three, History, Poesy, Philosophy : — history has
reference to memory, poesy to imagination, phi-
losophy to reason. By poesy in this place, we
mean nothing else but feigned history. History
is, properly, the history of individual facts, the
impressions of which are the earliest and most
ancient guests of the human mind, and as it were
the primitive matter of the sciences. To deal
with these individuals and that matter forms the
mind's habitual employment, and occasionally,
its amusement. For all science is the labour
and handicraft of the mind ; poetry can only be
considered its recreation. In philosophy the
mind is enslaved to things, in poesy it is let loose
from the bondage of things, and breaks forth
inimitably, and creates at will. And any one
may easily comprehend that this is so, who shall
seek the source of things intellectual even on the
simplest principles, and with the most crass
apprehension. For the images of things indivi-
dual are admitted into the sense and fixed in the
memory. They pass into the memory, as it were,
whole, in the same manner as they present them-
selves. These the mind recals and retraces ; and,
which is its proper business, puts together and
decomposes their parts. Now, individuals seve-
rally have something in common one with another,
and again something diverse and complex. Com-
position and division takes place either at the
will of the mind itself, or agreeably to what is
found in nature. If it is done at the mere voli-
tion of the mind, and such parts of things are
arbitrarily applied, so as to form a certain likeness
of some individual, it is the work of imagina-
tion; which, restrained by no law or necessity
of nature or of matter, can unite things which in
nature are most discordant, and divide those
which never exist in separation, so as however
this is still confined to such original parts of the
individuals. For there is no imagination, not
even a dream, of objects which have not in some
shape presented themselves to the senses. Again*
if the same sections of objects be joined or
divided according to the real evidence of things, <
and as they actually present themselves in nature,
or at least as they are observed to present them-
selves according to the general apprehension of
mankind, this is the office of reason ; and all such
adjustment is ascribed to reason.
Whence it clearly appears that from these three
sources there arise the three several streams of his-
tory, poesy, and philosophy, and that there can-
not be other or more branches than these. For under
the name of philosophy we comprehend all the
arts and sciences, and whatever in short can,
from the presentment of the several objects of
nature, be by the mind collected and arranged
into general notions. Nor do we think that there
is occasion, in consideration of the extent of the
subject, for any other division of learning than
that which we have stated above. For though
the responses of a divine oracle and of the senses
are different, no doubt, both in the matter and the
mode by which it finds access to the mind ; yet
the spirit of man which receives both is one and
the same, just as different liquors passing through
differents apertures are received into one and the
same vessel. Wherefore we assert that history,
itself either consists of sacred history, or of divine
precepts and doctrines, which are, so to speak,
an everyday philosophy. And that part which
seems to fall without this division, prophecy, is
itself a species of history, with the prerogative
of deity stamped upon it of making all times
one duration, so that the narrative may antici-
pate the fact; thus also the mode of promul-
gating vaticination by vision, or the heavenly
doctrines by parables, partakes of the nature
of poetry.
571
572
DESCRIPTION OF THE INTELLECTUAL GLOBE.
CHAPTER II.
A partition of History into Natural and Civil, Ec-
clesiastical, Literary, and Particular, included
in Civil History. A division of Natural Histo-
ry into the History of Generations, Prseter-gene-
rations, and Arts ; according to the three states
of Nature, namely, Nature in course, varying,
and constrained.
History is either natural or civil. In natural
history we recount the events and doings of
nature; in civil, of men. Things divine no
doubt have a conspicuous share in both, but
chiefly in human, so as to constitute a branch of
their own in history, which we are accustomed to
call sacred or ecclesiastical. We shall therefore
assign that branch to the province of civil histo-
ry: and we shall first speak of natural history.
There is extant no natural history of things
individual. Not that we would lay down the
false position that history ought to be engrossed
with describing individuals, which are limited in
time and place. For in that view it is proper
there should be none ; since, however, there is a
general resemblance of natural objects, so that
if you know one you know all, it were super-
fluous and interminable to speak of individuals.
Thus, if in any case that indistinguishable general
resemblance be wanting, natural history admits
individuals those, that is, of which there is not a
number or family. For a history of the sun, the
moon, the earth, and the like, which are unique
in their species, is most properly written, and no
less of those which conspicuously vary from
their species and are monstrous; since the de-
scription and the knowledge of the species neither
sufficiently nor competently supplies the want of
it. Wherefore natural history does not exclude
these two classes of individuals, but is in by far
the largest part of it, as we have already stated,
employed about species. But we attempt a par-
tition of natural history, derived from the ten-
dency and condition of nature herself, which is
found placed in three several states, and subject
as it were, to three modes of government. For
nature is either free, spontaneously diffusing and
developing itself in its wonted course, that is,
when nature depends upon itself, in no way
obstructed and subdued, as in the heavens, ani-
mals, plants, and all the natural productions ; or,
again, it is evidently torn down and precipitated
from its proper state by the pravity and erratic
tendency of obdurate and resisting matter, or by
violence of obstacles, as is the case in the care
of monsters and unnatural productions; or, final-
ly, it is coerced by the art and industry of man,
fashioned, altered, and as it were made anew, as
in things artificial. For in things artificial nature
•eeras, as it were, new made, and there is seen a !
new face of things, or second universe. Where-
fore natural history of either the liberty of nature
or its errors into bonds. Now, if it be unpleasing
to any one that the arts should be called the
bonds of nature, since they are rather to be con-
sidered its deliverers and champions, since they
make nature, in some instances, mistress of her
object, by reducing obstacles into her order. We
regard little such delicacies and elegancies of
language. We only mean to signify this, that
nature, by means of arts, is placed by compulsion
under a necessity of doing that which without
arts would not have been done, whether that be
denominated force and bonds, or assistance, and
consummating skill. We shall therefore divide
natural history into the history of generations,
the history of preter-generations, and the history
of arts, which we are accustomed to call mechani-
cal and experimental history. And we willingly
place the history of arts among the species of
natural history, because there has obtained a now
inveterate mode of speaking and notion, as if art
were something different from nature, so that
things artificial ought to be discriminated from
things natural, as if wholly and generically dif-
ferent ; whence arises this evil, that most writers
of natural history think they have accomplished
their task if they have achieved a history of ani-
mals, plants, or minerals, omitting the experi-
ments of mechanics, which are of by far the
greatest consequence to philosophy; and there
has insinuated itself into mens* minds a still
subtler error, namely, this, that art is conceived to
be a sort of addition to nature, the proper effect
of which is to perfect what nature has begun, or
to correct her where she has deviated ; but by no
means to work radical changes in her, and shake
her at the roots, which has been a source of great
despondency in the attempts of men. Whereas,
on the contrary, that ought to be sunk deep that
things artificial do not differ from natural in form
or essence but in efficients only; that in reality
man has no power over nature, except that of
motion, namely, to apply or to remove natural
bodies; but nature performs all the rest within
herself. Wherefore, when there is granted a
proper application or removal of natural bodies,
men and art can do all; when not granted, no-
thing. Again, provided that due admission and
removal takes place in order to some effect, it
matters not whether it be done by man or by art,
or by nature without man. Nor is the one more
potent than the other; so, if any one by sprinkling
water create the apparition of a rainbow upon a
wall, he does not find nature less obedient than
when the same takes place in the air on humid
clouds. Again, when gold is found pure in
veins, where nature has performed exactly the
same office to herself, as if pure gold was ex-
tracted by means of the smelting pot and ministry
of man. Sometimes, too, a ministry of this kind
DESCRIPTION OF THE INTELLECTUAL GLOBE.
is, by the laws of the universe, committed t<
other animal*. For honey is not the leas an
artificial production, which is produced through
the medium of the industry of the bee, than
sugar which is produced by that of man; and in
manna, which is a similar composition, nature is
content with her own chymistry. Since, then,
nature is one and the same thing, and its power
flit-pervading and never at war with itself, these
three things ought to be understood as equally
subordinate only to nature; the course of nature,
the eccentricity of nature, and art or man added
to the universe, and therefore it is fitting that all
Ihe9e things should be interwoven in one conti-
nuous series of narrations, which Caius Pliny in
a great manner attempted, who embraced natural
history with a comprehensive mm of plan suitable
to its dignity, but having embraced it, treated it
most raeagerly. Let this, then, be the first divi-
sion of natural history.
any one ; and let him not think that our complaint
is the less just. We are well aware that there is
extant a natural history, voluminous in its bulk,
entertaining from its variety, often interesting,
elaborate even to scrupulosity. But if one shall
extract from it accounts derived from fable Bnd
antiquity, the quotations and testimonies of
authors, the empty questions and controversies,
and, finally, that part of it which is mere word*
and rhetorical ornament, (which is better adapted
disquisition and the talk of literary nights than
establish philosophy,) this great appearance of
substance subsides to nothing. Thus there seem*
to have been desiderated and collected by some
men, in this instance, rather a Thesaurus for the
allusions of eloquence, than a solid and authentic
narrative of facts. Besides, it seems to no great
purpose to recount or know the wonderful varieties)
of flowers of the iris or the tulip, of shells, or
dogs, or hawks. For these are nothing but the
sport or wantonness of nature, and approach
nearly the nature of individuals. By which
, , . , means men acquire exquisite minuteness of know-
and Lnd,*aunng that by far the noblest End tf |(. |ffl ^ ^^ ^ mfi and „e„ „„,„„
Natural H.story mj* JAsucm&m «. the first infofmation M reipecls &, purpoael, 0f Bcieaco,
' Vet, these are the things of which the common
' natural history makes such an ostentatious dis-
play. Now, though natural history has, on the
But Natural History, threefold in its subject, one hand, degenerated into foreign, and, on the
(as we have stated,) is twofold in its use. For other, indulged in superfluous inquiries, yet as-
it is employed either for the purpose of furnishing auredly great and valuable parts of it have either
knowledge of those facts which are recorded by been entirely passed over, or carelessly and lightly.
the history, or as the primitive matter of philoso- handled. And in the whole scope of its inveati-
phy. But, if the noblest end of natural history gations and its accumulations, it is not by any
is this, that it is, so to speak, the stuff and Hyk of i means found adapted and qualified to attain tha-
a just and legitimate induction, and draws enough ' end of which we speak, namely, to found philoeo-
from the sense to instruct the intellect. For that \ pby. This will appear best in its particular,
other sort of history, which either delight* by the branches, and by a comparison of that history,
charm of the narration, or pleases by its sub- , whose descriptions we shall presently submit to
*erviency to immediate experiments, and which , the eye* of man, with that which now obtains.
a request either in respect of such pleasure
CHAPTER III.
A Partition of Natural Hillary according to ill TJtc.
Instance to found Pkilotophy ; and that such i
History— a History modelled in Order to iui '
End, il wanted.
a its subjec
or such profit,
meaner, in comparison with that of which it is
the nature and the quality to serve as an appro-
priate preparation to found philosophy. For that
is the true natural history which is established as
an immovable and eternal foundation for true and
practical philosophy ; which affords the first
genial kindling to the pure light of nature, wherein
all phantasms vanish ; and of which the genius,
neglected and unappeased by fit offerings, has, in
an evil hour, sent among us those legions of
spectres and worlds of shadows, which we see
hovering over all the expanse of the philosophies,
along with great and lamentable dearth of useful
works. Now, we assert and explicitly testify,
that a natural history, such sa it ought to be in
order to this end, is not possessed, but ought to
be placed among histories wanting. And let not
CHAPTER IV.
Trie 'i realise begins by staling tuhat the History
wanted ought to be ; namely, a Natural Hiitnry,
a* a Foundation for Philosophy. 7b unfold this
more clearly, there is Jirtl exhibited a Scheme of
the History of Generations. Of this the Parti
are let down a* five ■ The first, the History of the
Heavenly Bodies ; the second, of Meteors ,- the
third, of Earth and Sea ,■ the fourth, of the greater
Colleges if Tfungl, that is, of Elements or Masses <
the fifth, tf the smaller Colleges or Species. The
History of primitive Virtues is reserved, till the
exposition of the first Division,namely,ofGenira-
tioni, Preter-gencrations, and Arts, is completed.
As we think it concerns our honour not to leave
to other* the execution of the history which wo
DESCRIPTION OF THE INTELLECTUAL GLOBE.
•74
desire, bat to impose it aa a task upon ourselves, 1
since in proportion aa the subject may seem open I
to the labour of all, in the same proportion, there
u greater risk of their deviating from the design,
and we have therefore distinguished it a* forming
the third part of oar history ; yet faithfully ob-
serve our purpose of explaining and exhibiting
what hath been neglected, and place some part of
science in security, should we be cat off by any I
' of the accidents of humanity ; we have thought
It good 10 add now and in this place, our senti- '
menM and counsels respecting this subject. We
set down of the history of generations, or nature
at large, five divisions. These are the history j
of the ether, the history of the meteors and of the
regions of the air, aa they are called ; for the lower
track circumambient to the earth's surface, and to
the bodies which are placed in it, we refer to lite
history of meteors. Thirdly, there follows the
history of the earth and sea, which conjointly
compose one globe. And so far nature i* divided
according to place, and the things occupying
those places. The other two parts discriminate
substances, or rather masses of substances. For
homogeneous substances are usually collected in
larger or smaller masses, which we have been
wont to name larger and smaller colleges of
things, and they have the same relation as in
human polity a tribe and family. Therefore, we
place the fourth in order, the history of the ele-
ments or larger colleges ; fifthly and lastly, the
history of species or smeller colleges. We mean
elements to be taken in this sense, not that they
should be understood as the principles of things,
bnt as larger masses of connatural substances.
That larger size happens by reason of the manage-
able, simple, obvious, and perfected texture of the
matter ; whereas, species are furnished by nature
sparingly, because of the dissimilarity, and, in
most instancea, the organic structure of the tex-
ture. Now of the history of those properties
which may be regarded as the cardinal and catholic
virtues of nature, density, rarity, levity, gravity,
beat, cold, consistency, fluidity, similarity, dis-
similarity, specific, organic, and the like, along
with the motions contributing to them, as of:
type, connexion, coition, expansion, and the
of such properties and motions, (the history of
which we would have collected and complete
before we come to the point, where the intellect
is to work upon them,) and of the mode of pre-
paring that history; we shall discourse aftei
finishing the explanation of the three divisions,
generation, preter-ge aeration, and arts. For we
have not comprehended that among the three divi-
sions, since it is not properly a history, but some
thing between history and philosophy, a sort of
middle term. At present we shall speak and give
our counsels respecting the history of the heavenly
bodies, and then of the others.
CHAPTER V.
Raume* the consideration c,f the History of lie
Heavenly Bodies, thawing what it ought to be in
kind, and thai the legitimate ordering of the
Hittnry ought to turn upon three kind* if Ftp-
eepte, namely, concerning the End of tueh Hit-
tory, the Matter, and Made of conducting it.
We would have the history of the celestial
bodies simple, not vitiated by arbitrary dogmas,
bnt, as it were, suspended out of the reach of the
forcible grappling and presumption of theories,
only embracing phenomena raw and detached,
which had grown up, so to apeak, blended with
such dogmas; finally, such a history as may set
forth narratives of facts exactly in the same man-
ner aa if nothing had been fixed by the arts of
astronomy and astrology, but only as if experi-
ments and observations had been diligently col-
lected and perspicuously described. In which
kind of history we find nothing hitherto done to
cord with our wish. Caius Pliny attempted
ily something of the kind in a cursory and
exact style; but a valuable history might be
extracted and dug from the mine of Ptolemy and
Copernicus, and the more informed teachers of
astronomy, by exhausting all the experiments,
and adding the observations of the modems.
And if it should appear to any one surprising,
that we should throw back again what had been
secured, enlarged, and rectified, to its primitive
barbarism, and the simplicity of its crude obser-
vations, we answer thus ; with none of the osten-
tation of the earlier inventors, we attempt a far
nobler work, for we think not of calculations and
predictions, but of philosophy — such, we mean,
as shall instruct the human mind, not only with
respect to the motion of the higher bodies and its
periods, but concerning their substance, then-
various qualities, their power and influence, ac-
cording to methods natural and admitting of no
uncertainty, free from the superstition and child-
ishness of tradition; and, again, as respects their
motion itself, to discover and unfold not what is
reconcilable to known phenomena, but what is
found on penetrating deep into nature, and is true
in act and in reality. And any one may easily
observe both that those who have supposed that
the earth revolves on its axis, and those, on the
other hand, who have held it to be the .centre of
motion, the ancient formation, depend on a nearly
balanced and doubtful advocacy of phenomena.
Moreover, the advocate in our day of the new
formation, who makes the sun the centre of the
second motion, as the earth of the first, while the
planets, in their respective orbits, seem to join in
a dance round the sun, which some of the ancients
Suspected in the case of Mercury and Venus, —
had he pursued his thoughts to their result, seems
to have had it in his power certainly to bring the
DESCRIPTION OF THE INTELLECTUAL GLOBE.
675
question to a fair settlement. Nor, indeed, have
we any doubt that other hypotheses of such for-
mations, may be invented by ingenious and acute
thinkers. Nor are those who promulgate such
theories much delighted, because what they pro-
pose is true, but only because it is a convenient
hypothesis for forming calculations and astrono-
mical tables. But our method has a widely dif-
ferent object. For we seek not accommodations,
which may be various, but truth, which is one.
To attain this, a genuine history of phenomena
would open a way ; one tainted with theory would
obstruct it. Nor shall we here omit, that we, as
the result of such a history of the heavenly bodies,
made and accumulated according to our rules,
indulge not only the hope of a discovery of the
truth with reference to the heavenly bodies, but
8 till more of such discovery in the observation of
the affections and appetencies of matter in either
world. For that supposed discrepancy between
the celestial and sublunary bodies appear to us a
figment at once drivelling and presumptuous,
since it is most indubitable that a variety of
effects, such as expansion, contraction, impres-
sion, retrocession, assimilation, union, and the
like, have their seat not merely among us, but in
the highest part of heaven, and in the entrails of
the earth. Other and more faithful interpreters
than these there are none whom we can call in
and consult, to assist human intellect in penetrat-
ing the depths of the earth, which are invisible,
and the height of heaven, which is generally seen
under optical illusion. Wherefore the ancients
excellently devised of Proteus that he was of
many shapes, and also noted as the prince of all
diviners, knowing the past, the future, and the
mysteries of the present. For he who knows the
catholic appetencies of matter, and knows by them
what is possible, cannot be ignorant what is, and
what will be, found true of things taken within
them. Wherefore we repose great hope and con-
fidence in the methods of physics for advancing
the science of astronomy, meaning by physical
inquiries, not those which are commonly thought
so, but only the doctrine regarding those tenden-
cies of matter which no diversity of regions or
position can detach or dissever from it. Nor
would we, therefore, (to return to our theme,)
wish any labour to be spared, which could be
employed in statements and observations of the
heavenly bodies. For, in proportion as there is a
richer fund of appearances of this sort, in the
same proportion will the whole subject be more
easily mastered, and have more solidity. Of
which, before we say any thing further, we have
reason assuredly to congratulate the world, both
on the labour of mechanicians, and the diligence
and accuracy of certain learned mon, that they
have of late attempted so to speak, to establish by
means of optical instruments, as by means of
trading vessels and passage-boats, to open up an
intercourse with the heavenly bodies. And this
undertaking we regard as both in its end sad
endeavour something noble and worthy of man-
kind. And such men are so much the mote
deserving of praise, both in their attempt and their
basis of belief, because they have honestly and
distinctly planted before them the facts for exa-
mination as they severally present themselves. It
remains only that they have perseverance united
with great severity of judgment, that they change
their instruments, that they increase tho amount
of evidence, that they subject to experiments each
phenomenon, and frequently, and in a variety of
ways ; finally, that they both place before them-
selves and lay open to others, whatever may be
objected in favour of the contrary conclusion, and
that they do not disdain to notice even the most
minute incongruity, lest that should happen to
them which happened to Democritus and his old
woman about the figs of exquisite flavour, namely,
to find the old wife wiser than the philosopher;
and lest some silly and ridiculous mistake should
lie at the bottom of a high and soaring theory.
Having premised these remarks on the general
subject, let us proceed to a more detailed state-
ment of our astronomical history, in order that we
may show both what, and what kind of fade,
ought to be inquired into in regard to the heavenly
bodies. First, then, we shall propose the ques-
tions of natural philosophy, ot9 at least, some of
them, and those of greatest moment to the use of
man. Next after these we shall mention those
uses to mankind which may probably be derived
from the contemplation of the heavenly bodies:
both of these as showing the design of the his*
tory : that those whose task it shall be to compile
a history of the heavenly bodies may know what
they do, and may have these questions, along
with the works and practical effects to arise from
them, in their minds' eye and contemplation.
Whence they may build up and prepare a history
suoh as shall be adapted for the decision of ques-
tions of this sort, and for furnishing such fruits
and advantages to mankind. We mean questions
of that kind which are applicable to the doings of
nature, not their causes. For that is the proper
province of history. We shall then perspicuously
state in what the history of the heavenly bodies
consists ; what are its parts ; what things are to
be learned or examined ; what experiments are to
be set on foot and performed ; what observations
are to be used and weighed ; thus proposing, so
to speak, certain inductive topics or articles of
examination respecting the heavenly bodies.
Lastly, we shall state something not only con-
cerning what ought properly to be inquired into,
but concerning this, — how, when the inquiries
are completed, they ought to be meditated, and
exhibited, and reduced to writing; lest the dili-
gence employed in the first part of the inquiry
should be lost in what succeeds; or, which ie
576
DESCRIPTION OF THE INTELLECTUAL GLOBE.
worse, lest the advances subsequently made
should proceed upon feeble and fallacious foun-
dations. Finally, we shall state both with what
object, and what, and how, inquiry ought to be
made respecting the heavenly bodies.
CHAPTER VI.
That Philosophical Question* about the Heavenly
Bodies, even though they go beyond the common
Ideas, and be somewhat difficult, ought to be can-
vassed. And there are proposed five Questions
about the System itself: whether it be a System ?
and, supposing it to be so, what is its Centre, what
is its Depth, what is its Connection, and what its
Distribution of Parts ?
And now, doubtless, we shall be considered by
Borne as disinterring the ashes of old questions,
long, as it were, consigned to the dust of the
grave; nay, as evoking their very ghosts, and
urging them with fresh interrogatories of our own.
But since the philosophy, hitherto in vogue, re-
specting the heavenly bodies, has no solidity;
and since this has been always laid down by us
as a sacred and invariable rule, that all must abide
the new award of a legitimate induction; and
since, if perchance some questions are left behind
as untouched, so much the less industry and pains
will be exerted in collecting the facts upon them,
in consequence of its appearing superfluous to
inquire into points on which no question has ever
been moved : we hold it necessary to take in hand
all question 8 which the universe may anywhere
offer to our consideration. Besides, in proportion
as we are less assured of our ability to determine
questions by the method we pursue, so much the
more confidently do we entertain them. For we
see how all must end.
The first question, then, is, whether there be a
system, that is, whether the world, or universal
frame of things, be a spherical whole, possessing
a centre 1 or, rather, whether the single globes of
the earth and stars are placed in dispersion, and
each attached, as it were, by its own root, without
a common middle point or centre 1 The school
of Democritus and Epicurus, it is true, made a
boast that their authors had " broken down the
walls of the world.9* Yet that, certainly, is not a
consequence of the tenets maintained by them.
For Democritus having laid down his notion of
matter, or seminal atoms, infinite in number, limited
in their properties and powers,— atoms in agitation,
and from eternity unfixed in any possible struc-
ture or position, was not led, in virtue of that
opinion, to maintain the existence of a number of
worlds, distinguished by variety of form, subject
to birth and dissolution, some better constructed,
some more loosely coherent, also of embryo
worlds, and agglomerations formed between world
and world. But, were all this assumed, it hinders
not that the portion of matter which has been
assigned to the structure of this our world, lying,
as it does, under our own observation, should
possess a spherical figure. For, necessarily, each
of those worlds must have taken some configura-
tion. For allowing that in infinity there can be
no central point, yet in the parts of that infinity
there may exist a spherical figure, no leas in a
world, than in a mortar. Democritus, however,
excelled only as an analyzer of the world : in
dealing with its aggregates and totality, be was
inferior even to ordinary philosophers. The opi-
nion of which we are now to speak, which really
destroyed and exploded the notion of a system,
was that of Heraclides of Pontus, Ecphantus and
Nicetas of Syracuse, and particularly of Philolaus,
also in our age of Gilbertus, and all (except
Galileo) who have held that the earth is a planet,
moves, and is, as it were, one of the stars. And
this idea has solidity thus far, that the planets
and single stars, and the countless number which
from their distance baffle our vision, and others
also unseen by us, from their being not of a lu-
minous but opaque nature, each in its respective
orbit and primary tour through that illimitable
expanse which we behold, whether of vacant
space or of some subtler and almost indiscernible
substance, are dispersed and lie about like islands
in a vast ocean, and revolve not upon a common
centre, but each upon that of its respective orbit,
some absolutely, others with some progressive
motion of their own centre. There is one very
great difficulty in their opinion, namely, that they
altogether banish rest, or an immovable point of
nature. Now, it seems that, as there are in na-
ture revolving bodies which are borne along in
interminable and ceaseless motion, so, on the
contrary, there ought to be some body which is
quiescent ; between which we place the interme-
diate nature of those which are carried in a
straight-lined path, since motion in a straight
line is suitable to fragments of spheres, and things
exiled, so to speak, from their natural . seats,
which move towards orbs homogeneous with
themselves, in order that, united with these, they
may either be rotatory or quiescent. But of this
question, whether there be a system, a conclusion
will be obtained by means of those which relate
to and determine the motion of the earth, whether
the earth revolve or be at rest, and to the matter
of the stars, whether it be solid or igneous t For,
if the earth stands still, and the heavens perform
a diurnal revolution, undoubtedly it is a system ;
but if the earth be rotatory, it is, nevertheless, not
absolutely proved that it is not a system, because
we may still fix another centre of the system,
such as the sun, or something else. Again, if
the orb of the earth alone is crass and solid, it
seems as if the matter of the universe was agglo-
merated and condensed into that centre : but if
the moon and other planets are found to be alto
\
DESQRIPTION OF THE INTELLECTUAL C&jpra:";"
577
composed of crass and.solid "matter, it seems that
. dense bodies do not unite in any. centre, bu) lie
';; dispersedly, and, so to speak* at random. Finally,
. if in the interstellar spaces we place a vacuum
• coacervatum^then the* several orbs should seem to.
'•'nave roun.d tbem,- first, the envelope of certain
.'• subtle erjfuvia, and therf the vacuum. But if these
t spaces are a pUnurii, there should seem to be'a
# ' union' of the dense/ in the. centre, and an expuK.
the connexions of .questions with one another,
• because under some of them there is found history
. - (k- inductive matter to famish their solution*.
* gftfcder others none, .
• • • But, granting- a- system, next comes our second
•^•'question, What h<\ie centre of the system.? For,
\ • if to any of the orbs ought to be assigned the central
'. "place, there appeal mrst to be two orbs which pre-
I • ftont the character .of 'a middle point or centfe— »
\ jjre earth and #i£ dun-..', in favour of the earth
,^ 'there are ocfr s^rfees,an imjhemorial opinion, and
• Wjost of all this 'circumstance, that as dense' bo-
!Tv^sj contract fi&o a narrow, and rare are diffused
• ovjfr'a- wide .tfjtfac'e-, and the area of every circle.
• •contracts towards its centre, it seems to follow of
.jrcce89ity that the/contracted part should be placed
a syjrtem with the srih« for its centre. And the
consent of Later tfges and of antiquity has rather
anticipated and sanctioned that idea than not. For
the supposition of (he earth's motion is not new,
but, as we have already said, echoed from the
ancients; but that it the sun being the centre of
the\rorld,.andirnm6yably fixed, is entirely new,
(rf we except, the supposed, mention of it in an ill
tran si ate'd 'verse, ) Wd* was .first promulgated by
84on of tfep rafcer substances', to the circumference. 'Oppefnicais..'
N$w, it .contributes materially to science to know ';. " A third, question follows*.* with respect to the
depth X)f tn^system, nott^at any exact measure
of it can be taken; Jmt that jr may be set down for
certain : whelhef4fee*etarry?heaven is, so to speak,
one region, or* asjt is commonly expressed, orb/
or whether the* -staffe wriich are denominated filed,' I
are -higher than the others, in a sort of abysnraj .
profound ? .Forft'c^nnef be that they are of equal * •
heigh t,'if we understand IhW strictly ; for the stars' *
are undoubtedly notarranged as in a plane, having
a certain me#5urable siee on a superficies, like •
spots* or embedded gems, but are entire globes, •
large, and lying deepen the profound. Where-
fore, when they are'found' of such disproportionate
magnitude, it is \>y £ll "means requisite that some,
of them sjrbul^^xxne out more, than others, either
upwards or downwards-; nor can it be that* either.
Tat the centre of. the world, as the appropriate, and, in thcimper or Jower part of them, they are joined: *
N as it were, the only place for dense bodies.' "J'or
•the sun again this reason makes, that to a; btxfy
* ipjoee (unotums. in the system are greatest and
* nfost patent, that place ought to be assigned^pnn
• which i^.car^ test act upon, and. diffuse Its influx
* *e/iQ0« over the*1 Wire' system. To this we mayf
adcf that* jjie sun evidently has as- his satellites'
. \ Venu» and Mjprcury, and, in the opinion of Tyftho,
^lso th|b|est.bf the planets ; so that the sun plainly,
ajipeass t% possess the nature, and to perform*, irr
sqme fttstances, the office of a centre. Therefore'
we are brought >o much nearer the deterjriJnattoQ
that it is the centrecf the universe, which- was the
: assertion of Copernicus. But in the system' of*
Copernicus there are many jand great difficulties':
.first, there is* something revolting to belief, in eh-
• cumbering the" earth with three motions, in de-
taphing the- sun frdm the group of planets with
, which it has so many common properties, in iritro-
# jlucing so much; immobility into the system of
* ^j&ture, (particularly by making the stars and sun.
■••-. imfnbv&bje, the* bodies most luminous and spar-
. \i\ixtg of-any^'in wishing to fasten, as it were, the
; . moon to the epicycle-. of the earth, and in some
other assumptions which he makes; savouring of
.'. the character of a man who thinks nothing of in-
venting any figment at the expense of nature,
provided the bowls of haphazard roll well. But
if we are to ascribe motion to the earth, it seems
more consistent to banish the idea of a system,
#NT
in one continuous lawyer.' -Were this true of cer-
taro* portions (ffuhe^sttra, it would be rash to assert
it of them irj the1 aggrigate^ that the stars are not . .
higher placed the'.pnV^han the other; but even "
thoufih this were*frue,8tiR we can affirm a defined •■
and- very perceptible^ depth .or thickness of that
regjdti which is called toe sphere or starry heaven, .
containing apch prpjecling points and varieties of
altitude ; for we sejs, fro^the apogees and perigees
of the. planets, that: there belongs to their several
heavens' a certain distinguishable depth through
'Which tljey m9lntand:Je8cend.? But that tloe^'- ^l*:
Jjon brdy .regards". this point, whether there are
stars one above aiiother, as planet above planet*
and* as it were, in different orbits 1 And that
again is in like niaiiner collateral to the other ques-*
tion, T regarding the motion or condition of the
earth. For if the stars revolve with a diurnal
motion about the earth, since they are alt carried
with thelike celerity, and, as it were, with the one
impulse ; and since it is plainly apparent that
each of the planets, as it varies in height or low-
ness of position, so it also varies in rapidity or
slowness of motion; it is probable that stars,
equal in the swiftness of their revolution, are
placed in one region of ether, of which, although
the thickness or depth may be supposed consider-
able, still it is not so great as to create a differ-
ence in their incitation or celerity, but only such,
that through the whole of each region respectively,
«*-
and of various globes conceived to be distributed \ all the bodies revolve simultaneously, as if fastened
over space, according toHhe idea of those whom | with the chain of one common essence, or, at least,
we have already mentioned, than to establish such with such discrepancy as, by reason of the dis-
*VoL.iL*-79 % 3C
■ t:
fy
.■/.
• ■ •
«79
INSCRIPTION OF THE INTELLECTUAL GLOBE.
lance, is not brought within our vision. Now, if
the earth moves, the stars may either stand still,
(as Copernicus thought,) or, which is far more
probable, and was suggested by Gilbertus, they
may revolve each in its place round its own cen-
tre, without any motion of that centre, (as the
earth does, if you divide its diurnal motion from
those two supposed motions which Copernicus
has superadded to it.) For whichever of these is
the fact, it hinders not that there may be stars.
ranged one above another, till they escape our
• • • .
vision.
The fourth question relates to* the cohesion of
the system, or to the substance, connecting it. As
to the nature and essential properties of that body
or thing which is thought* to be pure ether, and is
interfused between the Stars, we shall presently
inquire. We shall now speak bnly of the principle
of cohesion in the sy stent. .*Pbhe are -three modes
of viewing this. For we mupt either grata a va-
cuum, or a substance whose parts tire in contact,
or, lastly, in continuity. Our first Inquiry is, whe-
ther there is an extent of absolute vacuity or a
vacuum coacervatum in the ifitejrstellai-spac'e,*which
Gilbertus ably maintained*" and which several of
the ancients appear to countenance, who supposed
that the various orbs were scStterea* about without
ble that the globes are, towards their centres,
more compact, towards their surface more lax, in
their circumambient substances and effluvia grow
less substantial still, and finally terminate in a
vacuum. On the other hand, if the essence of
the stars is subtle and igneous, it will be manifest
that the nature of rare is not merely privative, •
but of itself a powerful and primary element, not •
less than the nature of solid, and that it exists in
force or prevails in the stars, in ether, and in the • •
atmosphere, so that there is need of the hypo- .•
thesis of a vacuum coacervatum. That question,
too, about a vacuum in the interstellar fields, will
depend upon another connected with the great
principles of nature : whether we must admit a *
vacuum at all 1 And this not without modifying* • •
it by a distinction : for it is one thing to deny a
vacuum absolutely, and another to deny a vacuum ..
coacervatum. For, much more solid reasons may '
be alleged for a vacuum intcrinistum being inter- '
posed to keep bodies in a certain Idegree of laxity; . •
than for maintaining a vaeuumicoacervatum, (or *
large vacant spaces.) And, not* only was that?"
ingenious man, and great mechanician, Henvr* ;
sensible of this, but also Democritus and Leb-
cippus, the inventors of the theory of a vacuum,. ' t •'
which Aristotle attempts to attack and overthrow. • '
any regular system, especially ftiose who declared by. certain logical subtleties. These two most
the bodies of the stars to be compact masses
Such an opinion amounts to. Jhis, that all the
globes, as well the stars as the earth, consist of
solid and dense matter. jTJraUhey are enveloped,
next their surface, with a certain description^ of
bodies, which are so far homogeneous to their re-
spective globes, but nevertheless more thin, feeble,
and attenuated, and which fere nothing but 'effluvia
or emanations from the globes' themselves, such
as are vapours and exhalations, and air itself, if
compared with earth. That these' effluvia reach
to a distance not considerable round each several-
globe, and that the rest of the interval between
the globes, which is incomparably the largest part,
is a void. Which opinion we may be prepared to
adopt by the fact, that the bodies of the stars are
visible from such a prodigious distance. For, were
the whole of that space full, especially of bodies
extremely unequal in their degrees of density and
rarity, so great would be the refraction of their
rays, that they could not be propagated to our
vision, which, if by far the greatest portion of
this space were unoccupied, it is consistent to
believe they might be. And, indeed, this ques-
tion seems to depend, in a great measure, on the
question which we shall immediately bring for-
ward respecting the substance of tile stars,
whether it be dense, or subtle, or expanded ?
For, if their substance be solid, it should cer-
tainly seem as if nature were only occupied and
in action about these globes, and their boundaries,
acute and famous philosophers admit a vacuum
iAtermistum in such a manner as to exclude a
•
vacihtm coacervatum. For, according to the opi-
^iio&°of Democritus, every vacuum is* so limited
.and* circumscribed as not to admit of the separa*
tion or disruption of bodies beyond certain limjts, •
no. more than it does of their contraction and corA
solidation. Though, in what has been preserved
of the writings of Democritus, this is .nowhere
propounded explicitly, yet he seems to^aV this*
that bodies, as well as spaces, are** infinite, *tha%
otherwise, (that is, if there were in fact infinite
space and finite bodies,) bodies would never
-cohere : therefore, on account of coinfinity of
matter and space, a vacuum is necessarily com-
pressed into certain limits ; which seems to hare
been his opinion, truly and accurately understood' ;
in other words, that certain limits must be set Uj
the development or expansion of bodies through
the permeating vacuum ; not granting a vacuum
apart, or space unreplenished with body. Butt
if there cannot be admitted in the system, a
vacuum of the nature of a solution .of continuity,
yet, seeing there is found in the parts or portions
of the system so extreme a diversity of bodies
that they seem to be of different races and coun-
tries, there arises a second question which relates
to the connection of the system ; it is this, whether
pure ether be one entire or unbroken stream, or
whether it consists of a variety of contiguous
parts ? Now, it is no part of our character to
•i
I
• •
and had neglected, and, as it were, left fallow the subtilize about words : but, by a contiguous body,
interposed spaces. Wherefore, it is not improba- we understand one which lies upon, without being
DESCRIPTION OF THE INTELLECTUAL GLOBE.
579
amalgamated with, another body. Nor, again,
do we mean some impenetrable or hard superstra-
tum, such as the astronomers in general mean,
but one such as fluids exhibit, in the instance of
water floating on the top of quicksilver; oil, of
the water; air, of the oil. For, no one can doubt
that in the immense expanse of ether there are
immense differences in rarity and density, and in
many other properties : but granting either, that
is, a plenum or vacuum, this may equally be
the fact. For, it is sufficiently certain, that not
even in the sea itself, the water at the top and at
the bottom is of the same consistency and taste ;
and, in the air, there is extreme difference between
the air contiguous to the earth, and the upper air,
and yet it is one entire and unbroken liquid body.
The question is therefore brought to this point :
whether the differences in the tract of pure air, as
it were, insinuate themselves in a continuous
stream of imperceptible gradations, or are dis-
tributed and arranged into defined and conspicuous
limits, where bodies are joined in their locality,
which could not be amalgamated, even as among
us air lies on water. For, to one who considers the
matter simply, the whole of that clear and limpid
Substance in which the globes of the earth and
sun are suspended and float, and which, being
interposed between those globes, by its quantity
and the space which it occupies, exceeds the di-
mension of the globes, so to speak, innumerable
times, — is a thing undivided and perfectly united
within itself. But, to one who looks into nature
more correctly, this will plainly appear, that na-
ture is wont to make her way from one locality
to another, now by steps, anon abruptly by leaps,
and then reverses the progression. Otherwise,
if any one really looks into the case, there could
be no structure, no organized figure, did nature
always proceed by imperceptible degrees. Where-
fore, this process by gradations may be fitly placed
in the intervals between worlds, but not in a world,
to the organization of which it is required that
things much dissimilar should be severed the one
from the other, and yet brought into close conti-
guity. Thus it is that the air embraces and is in
contact with the earth and waters, a body widely
different, and yet placed in proximity, not in the
order of, first, earth, then vapour or fog, then pure
air, but air at once without an intermediate body.
And in the air and ether, two substances we
usually join with one another, the most con-
spicuous and thorough diversity of all may be
observed, from their quality being more or less
susceptible of a starry nature. There appear,
therefore, to be three regions most distinctly lying
between the earth and the highest point of heaven ;
that is, the region of the air, the region of the
planetary heaven, and the region of the starry
heaven. Now, in the lowest region the substance
of the stars is not found, it exists in the middle
in the form of conglobation into certain orbs, bat
in the highest heaven it is dispersed into number-
less globes, so that in its highest region it seems
to migrate, as it were, into the pure empyreum.
Meantime, that must not be forgotten which we
mentioned a little before, that nature is accustomed
to alternate fine gradations and distinct transits in
her processes, so that the confines of the first com-
municate with the second, and of the second with
the third. For, in the upper air, after the air has
begun to be purified from the effluvia of the earth,
and refined by*the vicinity of the heavenly bodies,
flame searches out its way and struggles into
form; as we see in the lower kind of comets,
which are of an intermediate nature between the
steady and evanescent sidereal nature. And,
again, the part of heaven near the sun appears to
grow stellescent, and to pass into a starry essence.
For those maculae which are discoverable, by a
faithful and careful observation of the sun, are a
sort of germ or rudiments of starry matter ; and,
in the heaven about Jupiter there are also visible
complete and perfect stars, though, from their
minuteness, invisible without the help of tele-
scopes. And, again, in the upper parts of the
starry heaven, from numberless scintillas in the
ether between the fixed stars, (for which other
sufficiently unmeaning reasons are given,) the
starry essence seems to be more diffused and
spread out continuously. But, of these points
we shall say more in discussing those questions,
which we presently propose to consider, respect-
ing the substance of the stars and the interstellar
ether. For, what we now say relates only
to questions respecting the connection of the
system.
A fifth question remains concerning the dis-
tribution of the parts of the system, or the order
of the heavenly bodies. And granting that there
is not a system but only scattered globes, or grant-
ing that there is a system, the centre of which is
the sun, or even allowing the astronomers to go
in quest of some new system, still there remains
equally this inquiry: What planet is nearer or
more distant from any other planet? and, in like
manner, what planet is at a greater or less distance
from the earth, or even from the sun? Now, if
the system of the ancients is admitted, there
seems no reason why we should attach great im-
portance to any new inquiry concerning the four
higher heavens, namely, those of the fixed stars,
of Saturn, Jupiter, and Mars. For their position
and order are testified by the suffrage of all anti-
quity, and by the absence of any contradictory
phenomenon; their modes of revolving also,
whence is derived our principal evidence of the
relative heights of the heavenly bodies, are adapt-
ed to this structure, and nowhere interfere with
it. But, as to the sun, Venus, Mercury, and the
moon, even on the principles of the old system,
there was some doubt among the ancients ; and
I among the moderns it is still a question, with
080
DESCRIPTION OF THE INTELLECTUAL GLOBE.
reipect to Venus and Mercury, which planet is
higher than the other? For in favour of the
superior height of Venus this reason offers itself,
that it moves somewhat more slowly; and of
Mercury, that it is fixed at a nearer distance from
the sun, whence one should naturally maintain
that it ought to be placed next the sun in height.
But, as to the moon, no one ever had any doubt
that its place was next the earth, though there
was a difference of opinion with regard to its
approaches to the sun. Nor ought one question
relating to the arrangement of the system to
escape a serious inquirer into the subject, which
is this, whether the planets alternately pass over
and pass below one another ? which seems to be
authenticated in the case of Venus by elaborate
demonstrations of the fact that it is found some-
times placed below the sun, sometimes above it.
And, doubtless, also this is an apt question:
whether the deflection of the lower planet does
not cut the orbit of the higher planet, and enter
within its periphery 1
There remains our last question concerning the
collocation of parts in the system, that is, whether
there be several and different centres in the sys-
tem, and several choral bands, so to speak, moving
around them ; especially since the earth is affirmed
to be the centre of primary motions; since the
•un (in the opinion of Tycho) is the centre of
secondary motion ; and even Jupiter is made, by
Galileo, the centre of the inferior and lately dis-
covered motion of certain satellites.
These, then, are the questions which it seems
fitting to propose with respect to the celestial
system : namely, whether there is a system, and
what is its depth, what its connexion, and what
is the order of distributing its parts. As to the
outermost parts of heaven, and what has been
termed the empyrean heaven, we enter into no
theories or inquiries. Therefore, what can be
known of it can be learned only from inference,
not at all by induction. For such inquisition,
therefore, there will both be a fitting time, and a
specific plan and mode.
As respects the heaven of heavens and pure
space, we are bound entirely to stand by, and
submit to, revelation. For, as to what has been
said by the Platonic school, and lately by Patri-
cius, (in order, forsooth, to exalt themselves to a
diviner height in philosophy,) and said not with-
out gross and visionary extravagance, the ravings,
as it were, of a disordered mind ; — in short, ad-
vanced with extreme audacity and no result, like
the acone$ and other dreams of Valentine, these
we regard as mere figments. For we are not
tamely to submit to the apotheosis of folly,
like that of the Emperor Claudius. It is worse
than all other evils — the very pestilence and
death of intellect — to attach reverence to its chi-
meras.
CHAPTER VII.
The following are Questions relating to the Sub-
stance of the heavenly Bodies ,* viz. What Specie*
of Substance is that of the heavenly Bodies gene*
rally, compared to sublunary Bodies ; — the Sub-
stance of the interstellar Ether compared to the
Body of a Star.— -the Substance of the Stars
themselves compared to one another, and compared
to our Fire, and in its proper Essence ,— and
what Species of Substance is that of the Galaxy,
and of the opaque Maculae visible in the Antarctic
Hemisphere? Then the first Query is set forth.
Whether there is a diversity of Substance between
Bodies celestial and sublunary, and in what it
consists ?
Having finished our inquiries respecting the
system, we must now proceed to those which
regard the substance, of the heavenly bodies ; for
it is the substance of the heavenly bodies, and the
courses of their motion, that philosophy chiefly
seeks to know. Astronomy investigates their
real motion itself and its properties — both astro-
nomy and philosophy their influence and effect.
Care ought to be taken, however, accurately to
distinguish between astronomy and philosophy :
astronomy preferring those hypotheses which are
most convenient for shortening the method of
calculation; but philosophy those which most
approximate to the truth of .nature : — farther, that,
on the one hand, the hypotheses of astronomy do
not in any way prejudge truth ; and on the other,
the positions of philosophy be such as are per-
fectly tenable upon the phenomena of astronomy.
Whereas, on the contrary, the fact now is, that
the figments of astronomy have insinuated them-
selves into philosophy, and perverted it; and the
theories of philosophers about the heavenly bodies
are reconcilable only to themselves, and in a
great measure abandon astronomy, contemplating
in general the system of the heavens, but by no
means accommodating themselves to particular
phenomena and their causes. Thus, while either
science, such as we now have them, is a thing
superficial and perfunctory, the foot must be
planted more vigorously by far on this foundation
— that these two sciences, which, by reason of
the contracted speculations of men, and the prac-
tice of academic teachers, have been habitually
disconnected for so many ages, are one and the
same thing, and concrete in one body of science.
Therefore we propose it as our first question,
Whether or not there is a diversity between the
substance of the heavenly bodies and that of this
lower orb 1 For the premature and dogmatical
doctrine of Aristotle has created for us only an
imaginary heaven, formed of a certain fifth
essence, without change, and also without heat.
And, waiving for the present any discussion re-
specting the four elements which this quintes-
DESCRIPTION OF THE INTELLECTUAL GLOBE.
581
sence takes for granted, it was certainly a piece
of great temerity to annihilate all affinity between
the elementary substances, as they are called, and
the heavenly bodies ; when two of the elements,
namely, air and fire, agree so well with the star
and the ether; but it was the custom of that great
man to abuse his genius, create work for himself,
and prefer the obscure. Not, however, that there
is any doubt that the regions situated above and
beneath the moon, along with the bodies compre-
hended within the same limits and space, differ in
many important particulars. Nor, again, is this
more certain than that in the bodies of each region
there exists many tendencies, affections, and mo-
tions common to both; so that, preserving un-
broken the unity of nature, we ought rather to
discriminate than to pluck them forcibly asunder.
And, as regards one part of the supposed discre-
pancy, namely, that the celestial bodies are ima-
gined to be eternal, the sublunary perishable, that
doctrine seems to be a fallacy either way, as
neither that eternity which they fancy is true of
heaven, nor that mutability of earth. Indeed, to
one who justly weighs the matter, a judgment
ought by no means to be formed from those things
which are visible to us, since none of the objects
which meet the human eye are dug or cast up
from a greater depth than about three miles at
most, which is as nothing compared to the dia-
meter of the earth. Therefore nothing hinders
that the interior part of the earth may be endowed
with a like eternity to heaven itself. For if the
earth were subject to changes in its womb, it is
impossible that the results of those changes should
not produce greater calamities on the surface of it
which we tread, than we see taking place. For,
of those changes which present themselves con-
spicuously to us here in the direction of the sur-
face of the earth, there is generally some visible
and apparent cause acting from above, such as
tempests, rains, heat, and the like ; so that the
earth of itself, and of its own virtue, seems to
furnish the cause of almost none of its changes.
If it is conceded (which indeed is not improbable)
that the earth itself too, and not heavenly bodies
only, acts upon the fields of air, either by an
efflux of cold, or by emitting winds, or some other
similar modes, still all that variety is ascribed
only to some portions of the earth in immediate
contact with the air itself, in which none will
deny there exists a multitude of changes and
vicissitudes. But it must be fully admitted that,
of the phenomena of the earth, earthquake enters
the deepest by far into its bowels ; and, which
are of the same class, gushes of water, volcanoes,
fissures and convulsions of the earth and the like,
which, notwithstanding, do not seem to rise from
a great depth, since most of them generally affect
but a certain limited portion of the earth's sur-
face. In proportion as an earthquake affects a
larger space on the earth's surface, in the same
proportion we are to infer that its roots and source
enter deep into the mass of the earth ; and the
contrary, in proportion as it is less extensive.
But if any one should allege that there sometimes
happen earthquakes which shake large and exten-
sive tracts of country,— no doubt it is so. Yet
these rarely occur, and are among the number of
the greater calamities of the species, and may,
therefore, be compared to the higher order of
comets, which are also of rare occurrence. For,
we do not now discuss whether eternity abso-
lutely may be affirmed of the earth, but would
make it appear, as we stated at the commence-
ment, that with reference to constancy and muta-
tion there is no great difference between heaven
and earth. We do not consider it worth while to
contend for the eternity of the earth from the
modes of its motion. For it were superfluous to
argue eternity from the properties of motion, since,
if a circular motion is without a limit, so is rest:
eternity may equally be predicable of the cohe-
rency of compact and large masses of homogene-
ous substance, as of the rotation of rarer bodies ;
the parts detached from either flying off in right
lines.
This also may be assumed in reasoning upon
the point, that the internal parts of the earth are
not more exposed to decay than heaven itself;
because something generally perishes of that body
wherein something can be repaired. Now, when
showers, and substances which are precipitated
from the air, and which renew the upper surface
of the earth, in no way find a passage into the
interior parts of the earth, which, nevertheless,
remain fixed by their own gravity and magnitude,
it follows of necessity that nothing is subtracted,
since there is nothing added to succeed it. Fi-
nally, that changeableness which we discover in
the outmost portion of the earth seems itself to be
only accidental. For that slight crust of the
earth, which appears only to dip a few miles
downwardB, (within which limits are contained
those admirable laboratories and workshops of
plants and minerals,) would by no means afford
so great a variety, much less of such beautiful
and high-wrought productions, unless that part of
the earth was exposed to action, and ceaseless
vellication, from the bodies above. Now, if any
one think that the warmth and action of the sun
and heavenly bodies can transverberate the thick-
ness of the whole earth, such a man may be
justly regarded as a superstitious and phrenetic
dreamer, since it is clearly seen with how small
an impediment they may be refracted and kept
out. Thus far of the indissolubility of the earth.
Let us now inquire of the changeableness of the
heavenly bodies.
First, then, we are not to use this mode of rea-
soning, namely, that the mutations do not take
place in heaven because they do not come within
our own observation. For remoteness of dis-
3cS
582
DESCRIPTION OF THE INTELLECTUAL GLOBE.
tance, excess or want of light, and fineness or
minuteness of substance, equally baffle vision :
thus, if the eye were placed in the orb of the
moon, it could not discern those changes which
take place amongst us here on the surface of the
earth, such as inundations, earthquakes, structures,
or huge masses, which at so great a distance are
not equal to the size of a gnat.
Nor should any one from the circumstance of
the interstellar air of heaven being transparent,
and the stars on a clear night appearing of the
tame number and form, pronounce too readily,
that the entire body of the ether is diaphanous,
firm, and immutable. For the atmosphere itself
is subject to endless varieties of heat, cold, scents,
and every sort of amalgamation with subtler va-
pours, yet does not therefore lose its pellucid
quality : so in like manner we are not to trust to
that feature and aspect of heaven. For, if those
huge masses of clouds which occasionally cover
the heavens, and take from our sight the sun and
stars, on account of their nearness to our point of
vision, were suspended in the upper part of the
atmosphere, they would by no means change the
appearance of a serene sky : for neither could they
be seen themselves on account of the distance,
nor cause any obscuration of the stars, on account
of the small ness of their size, compared to the
magnitude of the stars. Besides, the body of the
moon itself, except in the part in which it receives
light, does not alter the appearance of the sky, so
that were that light annihilated, so large a body
would entirely escape our view. But, on the con-
trary, it is clearly apparent from those bulky bo-
dies, which by their mass and magnitude over-
come the effect of distance, and on account of their
luminous or sparkling substance forcibly strike
oar view, that surprising changes and anomalies
happen in the heaven. And that is perceived in
the higher order of comets, I mean those which
assume the appearance of a star without the coma^
and which are not only proved by the doctrine of
parallaxes to be placed above the moon, but bear
a certain and unchangeable relation of position to
the fixed stars, and retain their stations without
being erratic ; of such our age has seen more than
one, first in Cassioptea, and afterwards not long
ago in Ophiuchus. And as to this kind of regu-
larity, which is seen in such comets, arising from
their following the motion of some star, (which
was the opinion of Aristotle, who asserted that
there was a like relation of a comet to the motion
of a particular star, and of the galaxy to that of
the stars collectively, both positions being false,)
that has now been long exploded, not without a
stigma on the genius of Aristotle, who in his airy
•peculations had the presumption to invent such
things. Nor in fact does this change in the hea-
venly bodies with respect to such new stars, ob-
tain only in those stars which appear to be of a
vanishing nature, but also of those which remain
in their place. For, in the instance of the new
star of Hipparchus, of the appearance of which
mention is made among the ancients, there is none
made of its disappearance ; a new star has lately
become visible in the breast of Cygnus, which
has now continued for twelve entire years, exceed-
ing the duration of a comet, which it has been held
to be, by a considerable period, and not yet les-
sened in disk, or threatening to disappear. Nor,
again, is it properly and invariably true, that the
old stars are not subject to change, but only the
stars of later epiphany, in which it is not to be
wondered if change takes place, since their very
production and commencement is not immemorial.
For, passing over that fable of the Arcadians with
respect to the first appearance of the moon, in
which they boast that they are of greater antiquity
than that planet, there are not wanting in history
sufficiently authenticated facts on the subject, as
when the sun three several times — without the
occurrence of an eclipse, or the intervention of
clouds — appeared in a clear and serene sky, chang-
ed in appearance for many days, and yet not affected
in the same way each time, being once of slender
light, and twice of a ferruginous colour. For
these phenomena took place in the year 790, during
seventeen days, and in the time of Justinian daring
half a year ; and after the death of Julius Caesar,
during several days. To that obscuration we have
still extant that noted testimony in Virgil : —
Ille etiam extincto miaeratui Ceure Romam
Cum caput obscuia nitidum ferrugine lexit,
Impiaque eternam Umuerunt secula noctem.
And the statement of Varro, a most skilful anti-
quary, to be found in Augustine respecting the
planet Venus, to this effect, that in the reign of
Ogyges it changed its colour, size, and figure,
might well have been doubted, had not a similar
fact occurred again, signalized by much observa-
tion in our own days, in the year 1578. For then,
too, during a whole year, a memorable change
took place in the planet Venus, which was seen
of unusual size and brilliancy, exceeding in red-
ness even the planet Mars, and more than once
changed its figure, becoming sometimes triangu-
lar, sometimes square, and sometimes circular, so
that even its very body and substance seemed to
be affected. Again, that star among the old
stars, placed in the hip of Canicula, which Aris-
totle says he himself saw, having some coma,
which he particularly noted, vibrating when he
looked at it intently, appears to be since then
changed and to be divested of its hair, since no
trace of that appearance is found on it in our day.
Add to these facts that many alterations of the
celestial bodies, particularly of the smaller, from
neglecting to make observations, easily escape
notice, and are lost to us. Now, it will readily
occur to a sciolist to ascribe such appearances to
exhalations and the constitution of the medium
DESCRIPTION OF THE INTELLECTUAL GLOBE.
683
of vision ; but these alterations, which are found
to affect such a body continuously and equally for
a considerable time, and to accompany it in its
revolutions, ought to be placed altogether to the
account of the star itself, or at least something in
the ether contiguous to it, not in the lower tracks
of the air ; of which we may assume this as a
strong argument, that such changes rarely occur,
and at long distances of years, but those which
take place in the atmosphere by the interposition
of vapours more frequently. And if any one
forms a judgment from the regularity of the hea-
venly bodies, and the equability of the motion
itself, that the heaven is immutable, and should
set down the exactness of their periods and re-
newals asa distinct mark of their eternity — seeing
constancy of motion seems scarcely compatible
with a perishable substance — he ought to advert
a little more attentively to this, that such a peri-
odical reappearance, as if in a cycle, at stated
intervals, may be even found among ourselves in
several things, particularly in the tides of the
ocean; besides, smaller variations which may
obtain among the heavenly bodies, their dates and
renewals, escape our vision, and baffle our calcu-
lations. Nor ought the revolution of the heavenly
bodies in a circle to be taken as a better proof of
their eternity, because, forsooth, there is no end
to impulsion in a circle, and an immortality of
motion is agreeable to an immortality of substance.
For even the secondary comets, which have their
place lower than the moon, perform revolutions,
and that from a property of their own ; unless we
are to give credit to the figment of their being
attached to stars. For if we will argue the eter-
nity of the heavenly bodies from their circular
motion, that ought to be referred to the entire sys-
tem of the heavens, not to its parts ; for the at-
mosphere, the sea, and the land, are eternal in the
totality, perishable in the parts. Besides, on the
contrary, we ought not to presume the motion of
the heavenly bodies from their revolving motion,
because that very motion is not a perfect one, nor
renewing itself absolutely in an exact, and pure
circle, but with declinations, eccentricities, and
elli pses. Moreover, if any one should retort upon
us the observation we made respecting the earth,
in stating that those changes which occurred in it
were accidental, not substantial, and arose from
the action upon.it of the heavenly bodies, and
should assert that the relation of heaven is directly
contrary, since the heaven can in no way be reci-
procally influenced by the earth, and any efflux
from the earth falls short of the sphere of the hea-
venly bodies ; so that it is probable that heaven,
placed aloof from all action adverse to its dura-
bility, is susceptible of eternity of duration, since it
is not at all agitated or infringed upon by an anta-
gonist substance ; this seems an objection not to be
despised. For we are not likely persons to defer to
the childish notion of ThaJes, who conceived that
the heavenly bodies absorbed the exhalations
raised by the earth and sea, and were therewith fed
and repaired ; (since these exhalations generally fall
in a like quantity as they have mounted, and are by
no means enough to refresh both the earth and
the spheres of heaven, nor by possibility extend
to such a height;) yet, notwithstanding, though
the gross evaporations of the earth stop far short
of heaven, if the earth be the "primum frigidum"
1 principle of cold,) according to the doctrine of
'armenides and Telesius, it would not be easy
or safe for any one to affirm to what height this
force, the antagonist and rival of that of heaven,
penetrates by a gradual and successive approxi-
mation; especially as these substances imbibe
and propagate to a great distance the nature and
effects of heat and cold. Yet, granting that hea-
ven is not affected by earth, that is no objection
why the heavenly bodies should not mutually
suffer action and change one from another; the
sun for instance from the stars, the stars from the
sun, the planets from both, all from the inter-
posed ether, particularly that circumambient to
the several spheres. Beside, the opinion of the
eternity of heaven appears to have derived great
force from that mechanism and fabric of heaven*
which the astronomers have busied themselves to
very little purpose to invent. For they seem to have
taken infinite trouble to guard against the opinion
that the heavenly bodies suffer any influence but
the effect of mere rotation, being in other respects
unchangeable and imperturbable. They have
therefore nailed up, as it were, the stars in their
orbits. And in their several deflections, eleva-
tions, depressions, and windings, they have
detected as many perfect circles of the just dia-
meter, elaborately paring and smoothing both the
convex and the concave side of these circles, so
that there is found in them no projection or ab-
ruptness; but the one being received within the
other, and, by reason of its smoothness of curve,
placed in exactly the proper contiguity, yet so as
to slide easily into one, move serenely and kindly;
which immortal system of impulses easily pre-
cludes all agitation and disturbance, the precur-
sors of dissolution. For, doubtless, if bodies so
great as are the starry orbs while cutting the
ether, do not always continually describe the
same paths in the expanse, but pass through
regions and tracks far removed from one another,
sometimes ascending the upper fields of space,
sometimes descending towards the earth, some-
times directing themselves to the south, some-
times to the north, there is imminent danger that
numerous impressions, shocks, reactions, and
recoils, should take place in these bodies, and
that from these should arise the condensations
and rarefactions of substance which prognosticate
and breed productions and alterations. But, since
from physical considerations, and, moreover, from
the phenomena themselves, it will hold that this
584
DESCRIPTION OF THE INTELLECTUAL GLOBE.
latter position is the truth, and that the former
fictions of astronomers, if any one looks at them
soberly, in reality mock nature, and are found
empty of facts : it is consistent that the notion —
their concomitant— of the eternity of the hea-
venly bodies, should incur the same censure.
And if any one should make religion an objec-
tion, we would have him thus answered ; that it
was the boast of the heathens to attach eternity
only to the heaven and the sun, but that sacred
Scripture ascribes it equally to heaven and earth.
For there we read not only that " the sun and the
moon bear faithful witness in heaven ;" but that
all " generations come and pass away, but the
earth remaineth forever." And we find the
fleeting and perishable nature of both coupled in
one and the same oracle; "heaven and earth
shall pass away, but my word shall not pass
away." Then if any should insist, that never-
theless it cannot be denied, but that on the sur-
face of the earth, and the contiguous parts,
innumerable changes take place,— not in heaven ;
we meet the objection thus : that we do not make
them equal in all respects; and yet, if we take
the upper and lower regions of the air, as they
are called, to be the surface or exterior coat of hea-
ven; even as we regard that space among our-
selves, within which animals, plants, and minerals
are contained, as the surface or outer garment of
earth, there too we find numerous and manifold
productions. Wherefore it seems as if all colli-
sion and disturbance took place only on the
frontiers of heaven and earth, as is frequently the
case in matters civil, when the inland provinces
of two neighbouring countries enjoy continued
peace, and are only thrown into commotion by
the more rare and formidable kipds of war.
And with respect to that other part of the
supposed heterogeny of the heavenly bodies, as
maintained by Aristotle, that they are not subject
to heat, lest perchance the conflagration dreaded
by Heraclitus might be the result, but that they
are warmed, per accident, by the friction and
diverberation of the air ; we do not understand what
this straggler from experience means, contradicting
too, as he does, the sense of antiquity on the subject.
But it is nothing wonderful to find thai man*
divorcing any given subject from experience,
and presently turning away in a sort of scorn
from nature, — at once pusillanimous and auda-
cious. Of that, however, we shall presently
speak, when we come to the question, " whether
the stars are real fires," and more largely and
correctly in our counsels respecting the History
of Virtues, where we shall discourse of the
sources, and cradles of heat and cold, as yet
unknown to and untouched by man. Thus we
have stated the question with respect to the hete-
rogeny of the heavenly bodies. For though,
• Aristotle.
perhaps, the case demands that we should con-
demn, without postponing the conviction, the
doctrine of Aristotle, it is not consistent with
our purpose.
Another question proposed was, what that sub-
stance is contained in the interstellar spaces t
These are either a void, as Gilbertus conceived ;
or filled with a substance* which is to the stars
what air is to flame, the hypothesis most closely
approaching the experience of our senses; or
filled with a substance essentially the same with
that of the stars themselves, luminous, and to a
certain degree empyrean, but of a secondary or-
der, being of a light not so brilliant and corus-
cating, which seems to be meant by the received
opinion that a star is the denser part of its own
sphere. For there can be no objection to con-
ceiving it a bright, transparent medium, for con-
veying stronger light. Telesins has acutely ob-
served, that common air contains within itself a
certain quantity of light, using this argument,
that there are certain animals which see by night,
whose visual organs are adapted to receive and
kindly entertain this weak sort of light. For it
is a less credible supposition that a visual act
take 8 place without any light, or from the internal
illuminating power of the spirit. And even flame
itself is seen diaphanous, to such a degree as to
give out the form of opaque substances, as is
seen in the wick of candles, much more to be the
vehicle for the form of more intense light. For
the flame of tallow or wax is more lustrous, and,
if we may use the expression, more igneous ; but
the flame of spirits of wine is more opaque, and
as it were more aeriform, so that the flame is not
inspissated. And I also made an experiment on
this subject, which was done by taking a wax
candle and raising it in a sconce, (using a metal
one for the purpose of protecting the body of the
candle from the flame, which was to be circum-
fused,) and placing the sconce in a goblet in
which was a small quantity of spirits of wine,
and first lighting the candle, and then igniting
the spirits of wine; when you might clearly see
the radiating and white light of the candle in the
midst of the flame of the spirits of wine, which
was weak, and approaching to a mere pellucid
medium. And in like manner there are often
seen in the heavens luminous belts, affording a
distinctly visible light of their own, vividly
illuminating the darkness of the night, through
the substance of which, however, the stars are
plainly discernible. And that difference between
a star, and the interstellar air is not justly de-
scribed by the terms rare and dense, that is, by
the star being denser, the ether rarer. For gene-
rally here among us flame is a body subtler than
the air, I mean more expanded, and having in it
less matter for the space it occupies, which may
probably obtain also in the heavenly bodies. It
is a gross mistake, if they really suppose the star
DESCRIPTION OF THE INTELLECTUAL GLOBE.
585
to be a part of a sphere in which it is fastened,
as it were, by a nail, and the ether a vehicle in
which it is carried. For either the body of the
star cuts the ether, or the ether itself is carried
round in the same rotation. This notion, then,
is a mere invention, like that fabric of orb9 upon
orbs which they describe. For if they revolve
otherwise than simultaneously, it is still necessa-
ry that the star cut the ether. For that supposed
arrangement of adjacent orb, so that the concave
of the outer falls in with the convex of the inte-
rior orbit, yet on account of the curve of both,
the one does not interfere with the other in its
revolutions, though differing from its own, has no
foundation in fact ; since the body of the ether
is unbroken, just as that of the air is : and yet
because of the great varieties found in each, their
various regions are most properly discriminated
for the purpose of instruction. Wherefore the
sixth question, according to this our explanation
of it, is a fit subject for inquiry.
Then follows another question, and not an easy
one, with respect to the substance of the stars
themselves. We first inquire whether there be
other globes or masses of solid and impacted
matter besides the earth itself? For the theory is
proposed without any extravagance, in our trea-
tise De Facie in Orbe Lunae, that it is not probable,
that in the distribution of matter, nature had
bound up whatever solid matter there was in the
globe of the earth, since there is such a host of
other orbs of a sublimated and expanded matter.
And Gilbertus carried this theory so extravagantly
far, (in which, however, he had several precursors,
or rather guides among the ancients,) as to assert
not only that the earth, but various other globes,
solid and jopaque, were dispersed through the
expanse of heaven among the luminous globes.
And his opinion did not stop here, but he thought
that the latter, namely, the sun, and the most
resplendent and brightest stars were composed of
a certain solid and, though more shining, equili-
brate matter; confounding primitive light with
the matter of light, which is supposed to be its
image, (for he thought our sea too darted forth
light to a certain measureable distance ;) but Gil-
bertus admitted the existence of no conglobation,
except of crass matter, of which the finer and
thinner substances, its envelope, are only effluvia,
and lost parts, and to them succeeds a vacuum.
Yet the Idea respecting the moon, that it is of
solid matter, might strike the most accurate and
sober-minded inquirer into nature. For it is a
refractor, not a vehicle of light, and is, so to speak,
devoid of light of its own, and full of vicissitude,
all which are properties of solid bodies. For we
see the ether itself, and the atmosphere, which
are thin bodies, receive, but by no means rever-
berate the light of the sun, which the moon does.
For such is the force of the sun's rays as to
traverse and pierce through the clouds of the"
Vol. II 74
greatest density, which are of aqueous matter, but
through the moon never. But in certain eclipses
of the moon there is still visible a light, though
an obscure one, in the new and full moon,
none, except of the part illuminated by the sun.
Moreover, foul and feculent flames, of which kind
of substance Empedocles supposed the moon to
consist, are no doubt subject to change, but thin
inequalities are not fixed in a part, but generally
moving. Whereas the spots in the moon are
thought to be stationary. To this we add that
those spots are discovered by the telescope to
have their partial minute inequalities, so that we
now find a variety of figures in the moon ; and
that Selenography, a map of the moon projected
by Gilbertus, we have lived to see executed by
the labours of Galileo and others. And if we can
suppose the moon composed of some solid sub-
stance analogous to earth, or a sort of sediment
of heaven, (for some such notions have been
mooted,) we must consider again, whether it be
in this respect solitary. For, in the conjunction
of Mercury with the sun, there is sometimes
visible a spot or partial eclipse. But those dusky
spots which are discovered in the Antarctic
hemisphere, and are fixed in position, the same
as the galaxy, inspire still greater doubts as to
opaque orbs, even in the higher regions of the
heavens. For in respect that it is alleged as the
cause of such appearances, that the heaven is in
those places thin, and, so to speak, porous, that
is less probable, because a visible diminution and
loss of substance could by no means strike our
senses from so great a distance, since the rest
also of the body of the ether is invisible, and not
discernible, except by a comparison with the
bodies of the stars. It were perhaps a more pro-
bable conjecture to consider them as dark spaces
occasioned by want of light ; because in that part
of heaven there are found fewer stars, just as they
are found thicker about the galaxy, so that the
one place presents a continuity of light, the other
of shade. For in the Antarctic hemisphere the
heavenly fires appear to be more distinctly pre-
sented than in ours, there being larger stars,
though fewer, and wider interstellar spaces. The
statements, too, with respect to these spots are
scarcely worthy of entire credit, at least no such
great pains have been taken in observing, as to
authorize us as yet to infer consequences from the
observations made. What more affects the pre-
sent question is, that there may be opaque globes
dispersed through ether, which to us are quite
imperceptible. For the moon, also, in its first
quarter, so far as it is irradiated by the sun, is
indeed visible, — in its horns, that is, and the thin
rim its circular outline,— but, at full, not at all, —
being lost in the general aspect of the rest of
ether : and those small wandering satellites dis-
covered by Galileo, if we are to believe the ac-
count about Jupiter, are drowned to our view in
686
DESCRIPTION OF THE INTELLECTUAL GLOBE.
the ocean of ether like small and indiscernible
islands ; and so those small stars, the combina-
tion of which forms the milky way, were they
placed dispersed ly, each by itself, and not grouped
into a body, would certainly escape our vision,
even as many others do, which sparkle out on
clear nights, particularly during winter ; so too
the nebulous stars, or perforations in the m'6, are
now, by the telescope, distinctly counted ; and
with the help of the same instrument a certain
obscuration of spots, shade, and irregularity is
visible in the fountain of light itself, I mean the
sun. And if nothing else did, assuredly that
gradation in respect of light, descending and
reaching from the most brilliant bodies to the
most dim and dark, leads to the inference and
belief that there are orbs wholly opaque. For
there seem to be fewer degrees of approximation
between a nebulous and opaque, than between a
bright and a nebulous star. Again, man's vision
is manifestly cheated and confined. For what,
ever lies dispersed in the heaven, and has not a
conspicuous magnitude, and an intense, strong
light, escapes the eye, and makes no difference in
the face of heaven. Nor let it strike doubt into
the mind of any less informed inquirer, if the
question suggests itself, whether globes of conso-
lidated matter can remain pensile ! For the earth
itself floats pensile in the midst of its circumam-
bient air, the softest of substances, and huge
volumes of watery clouds and magazines of hail
are long suspended in the fields of air, and are
rather precipitated than spontaneously descend,
before they begin to be affected by the earth's
contiguity. Wherefore Gilbertus has very well
noted that heavy bodies, when carried to long
distances from the earth, are gradually divested
of their motion towards the objects beneath, arising
from no other propension of bodies, than that of
uniting and conglomerating to the earth, (which
is a collection of homogeneous substances,) and
of which the influence terminates with its own
sphere. For as to what is asserted of a motion to
the earth's centre, that would be a sort of potent
nothing dragging to itself such large masses;
whereas body cannot be affected except by body.
Wherefore let this inquiry concerning solid and
opaque globes, although it appear new, and to
common apprehension difficult, be entertained ;
and let another be associated with it, the old and
undecided one, which of the stars give forth a
light original and from themselves, and which
from the illumination of the sun ; the one class
appearing to be connatural to the sun, and the
other to the moon.
Finally, we understand all investigation con-
cerning the difference of substance among the
stars relatively to one another, a multifarious sub-
ject, as it seems — since some are red, some leaden,
some white, some manifestly always brilliant,
others nebulous— to refer to our seventh query.
It is another question, whether the stars are real
fires, which question, notwithstanding, requires a
degree of consideration rightly to comprehend it '
For it is one thing to say, that the stars are real
fires, and another that the stars, supposing them
to be real fires, exercise all the properties and
perform all the effects of common fire. Not that
we are, therefore, to have recourse to the idea of
an abstract and imaginary fire, retaining the name
of fire, but rejecting its properties. For our fire,
if placed in ether in such a quantity, as the quan-
tity composing a star, would perform different
operations from those which are observed on
earth ; since things acquire far different proper-
ties, both from their quantity, and their position
or collocation. For the bulkier masses, that is,
the homogeneous bodies, which are combined in
a body of such quantity as to have analogy to the
whole of the universe, acquire cosmical proper-
ties, which are nowhere found in their parts.
For the ocean, which is the greatest collection of
water, ebbs and flows, but marshes and lakes not
at all. So in like manner the whole earth remains
pendent, a portion of the earth falls. And the
position of a body is of great importance, both in
its bulkier and smaller portions, on account of the
proximity or contiguity of bodies friendly and
hostile. Much more, then, must a diversity of
action obtain between our fire and that of the stars,
because it differs from it not only in the quantity
and composition, but also in some degree in sub-
stance. For the fire of the stars is pure, uncom-
pounded, and native : whereas ours is degenerate,
crippled by its fall like Vulcan precipitated to
earth. For if one observe it, we have fire among
us as if out of its place, flickering, surrounded
with its contraries, poor, and, as it were, begging
the alms of nourishment to preserve it, and has-
tening to disappear. But in heaven fire exists in
its true state, dissevered from the encroachment
of its contrary, and performing freely, and without
disturbance, its appropriate actions. Therefore it
was not at all necessary for Patricias, in order to
sa?e the pyramidal form of flame as found among
us, to insinuate that the higher part of a star
might be pyramidal, though the other part, which
is visible to us, be globular. For the pyramidal
form of fire is incidental to it from the pressure
and confinement of the air. Therefore, in flame,
the base is fuller, the apex pointed, but in smoke
the lower part narrow, the top broadened, and like
an inverted pyramid; because air expands to
smoke, but compresses fire. It is, therefore, con-
sistent that flame among us should be pyramidal,
in heaven globose. In like manner flame among
us is a short-lived body, in ether steady and last-
ing. But even among us flame would remain
and subsist in its own form, were it not destroyed
by the surrounding substances, which is very
apparent in the larger sort of flames. For every
portion of flame placed in the midst of flame, pe*
DESCRIPTION OF THE INTELLECTUAL GLOBE.
687
ri9he8 not, but remains unextinguished, the same
in quantity, and rapidly ascending heavenwards ;
but on the sides the pressure takes effect, and
from them begins the process of extinction. One
way of demonstrating this fact, I mean the inte-
rior flame remaining in a spherical figure, and the
exterior gradually vanishing and forming a pyra-
mid, is by an experiment of two flames of different
colours. There may also be very great difference
between the heat of flame in the heavenly bodies
and in ours. For the celestial flame expands
freely and serenely, as if in its own medium,
ours, as if pent up in another, blazes and rages.
For all fire hedged about and imprisoned becomes
fiercer. In fact, the rays of the fires of heaven
themselves, after reaching denser and more im-
penetrable bodies, lose their mild quality and be-
come more scorching. Wherefore Aristotle ought
not to have apprehended Heraclitus's conflagra-
tion for his sphere, even although he had deter-
mined that the stars were real fires. This ques-
tion then may also be entertained, subject to this
explanation.
Another question follows, Whether the stars
are kept alive by due sustentation ? and also,
whether they are increased, lessened, generated,
extinguished] and in fact one of the ancients
supposed, from some vulgar observation, that the
stars were nourished as fire is, and fed upon the
waters, the sea, and the moisture of the earth, and
were sustained by their evaporations and exhala-
tions, a notion which seems unworthy to supply
matter for any inquiry. For such vapours fall
far on this side the height of the stars. Nor is
there such a quantity of them as to supply the
waters and the land by rains and dews, and be-
sides suffice for repairing so many and so great
heavenly orbs, especially as it is evident that the
earth and ocean have not suffered diminution in
the quantity of liquid for many ages, so that it
seems a necessary conclusion that as much is re-
placed as is absorbed. Nor is the mode of sup-
ply so suitable for the heavenly bodies as it is for
our fire. For where something perishes and is
subtracted, there too something is taken up and
assimilated. This species of assimilation resem-
bles the tartarizatiofw of salts, and derives its
source from the contiguity all round it of opposite
or dissimilar substances. But in the consubstan-
tial and interior body of the stars nothing of the
kind happens, no more than in the bowels of the
earth, but they preserve their substance by the
law of identity, not assimilation. But with re-
spect to the exterior surface of the starry bodies,
the question is properly enough proposed ; whe-
ther they remain in one and the same state, or
steal from and even taint the surrounding ether 1
And in this sense we may inquire also respecting
the aliment of the stars.
But it is proper here to subjoin the question
with respect to the increase and lessening of the
stars as bodies, though the phenomena which
may occasion uncertainty on the subject are
very few.
For, first of all, no instance, or any analogous
facts in human experience favour the inquiry;
since our globe of earth and water does not seem
subject in its mass to any conspicuous augmenta-
tion or diminution, but preserves its bulk and
quantity. But, it may be said, the stars appear
to our view sometimes of larger, sometimes of
smaller size. This is true, but that larger or
smaller dimension of a star is ascribable either to
its proximity or remoteness ; or in their apogees
and perigees, in the case of the planets ; or to the
constitution of the medium of vision. So far as
this arises from the constitution of the medium, it
is easily discriminated, because that changes not
the appearance of one star in particular, but of all
equally : as happens on winter nights in a keen
frost, when the stars appear of increased magni-
tude, because the vapours of the earth both mount
in less quantity and are dissipated more power-
fully, and the whole body of the atmosphere is to
a certain degree condensed, and approaches an
aqueous or crystalline character, which exhibits
objects in increased dimension. But if it were
some particular intervention of vapours between
our vision and some given star, magnifying the
appearance of the star, (which we frequently and
plainly see happening in the case of the sun, and
moon, and other heavenly bodies,) that appearance
can neither impose upon us in itself, nor does the
star follow and move with the body of the vapour,
but is quickly extricated from it, and resumes its
usual appearance. But though these things are
so, yet since both formerly, in ancient times, and
now also in our own age, a great change, much
noted and celebrated, has taken place in the star
Venus, in its magnitude, colour, and even figure ;
and since a change which always and regularly
attends a given star, and is seen to move about
with its body, ought to be considered as neces-
sarily existing in the star itself, and not in the
medium of vision ; and since, in consequence of
the neglect of observations, many remarkable
phenomena which take place in heaven are passed
by unheeded, and are lost to us: we think
it right to entertain this second branch of our
question.
Of the same kind is another part of our inquiry,
whether, during the long lapse of ages, stars are
produced and decomposed? not but that the mul-
titude of facte which invite this question is more
copious and sufficient, than on that of their in-
crease, though they be only of one kind. For,
as respects the ancient stars, no one in the memory
of all ages has remarked the rise of any of them,
(except what the ancient Arcadians fabled about
the moon,) and none of them has been missed :
whereas, with respect to those which are regarded
as comets, but of a stellar form and motion, and,
588
DESCRIPTION OF THE INTELLECTUAL GLOBE.
in fact, as new stars, we have both witnessed, and
learned from the ancients, their appearances and
disappearances : while to some they seemed, in
the latter, to waste away, to others, to be taken
up, as if they had descended towards us in their
circuits, and afterwards returned to the higher
regions ; to others, to be gradually rarefied and
dissipated in ether. But the whole of our inquiry
respecting the new stars we refer to that place in
which we speak of comets.
Another question remains, that with respect to
the galaxy, whether the galaxy be a collection of
the smallest of the stars, or a combined body and
region of the ether of an intermediate substance
between that of the ether and the stars. For
that theory about exhalations has itself now long
exhaled, not without fixing a brand on Aristotle's
genius, who had the audacity to put forth such a
figment, fastening upon a thing so invariable and
fixed, an evanescent and fluctuating character.
But an end to this question as proposed by us,
seems to be easily attainable, if we are to give
credit to the accounts of Galileo, who has ar-
ranged that confused luminous appearance into
numbered and mapped constellations. For, that
the galaxy does not prevent the visibility of those
stars which are found within its limits, is not
enough to settle the question, nor to incline the
matter either way. It only refutes, perhaps, the
notion that the galaxy is placed lower than the
part of ether containing the stars ; for, if this
were the case, and the continuous body had also
some depth of itself, it is consistent with reason
to suppose that our vision would be prevented.
And, if it were placed at the same altitude as the
stars which are visible in it, there is no reason
why stare should not be scattered about in the
galaxy itself, not less than in the rest of the ether.
Thus we have treated of this question. These
six questions, then, refer to the substance of the
heavenly bodies; what, namely, is the substance
of heaven in general, what of the interstellar air,
what of the galaxy, and what of the stars them-
selves, whether compared with one another, or
with our fire, or with their own essence 1
But, With respect to the number, magnitude,
configuration, and remoteness of the stare, with
the exception of the phenomena and historical
inquiries, of which we shall speak by-and-by,
the problems which philosophy offers are generally
simple. With respect to their number, too, there
follows another question : whether that be the true
number of the stare which is visible, and which
has been set down and described by the labours
of Hipparchus, and comprised within the plan of
the celestial globe. For it is but a barren reason
which is assigned for the incalculable number of
stars, usually hid, and, as it were, imperceptible,
Which are commonly seen in winter, particularly
in clear nights, namely, that these appearances
are not smaller stars, but emanations, scintille,
and, as it were, darts emitted by known stars)
besides, there has been a new enumeration of the
host of heaven, by Galileo, not only in that co-
hort which is distinguished by the name of the
milky way, but also amidst the stations and
sy stern of the planets. Now, stars become im-
perceptible either on account of the minuteness
of their size, or their capacity, (the term tenuity
we do not much approve of, since pure flame is a
body of the most subtle tenuity,) or on account
of their remoteness and distance. The question
with respect to the superflux of stare, created by
the production of new ones, we refer to the part
which treats of comets.
A 8 regards the magnitude of the stare, the visi-
ble magnitude belongs to the general phenomena,
the real to the philosophical inquiry comprehended
only in our twelfth problem : what are the real
dimensions of each star, either discovered by
measurement, or, if not, by comparison ! for it is
easier to discover and demonstrate that the globe
of the moon is less than the globe of earth,
than that the globe of the moon is a mile round.
We must, then, use all trial and exertion to as-
certain their exact dimensions ; if these cannot
be had, we must make use of their comparative.
Now, the magnitudes of the stare are either
taken and inferred from their eclipses and ob-
scurations, or from the bounds to which they
extend their light, and the other properties which
each of these bodies, in proportion to their mag-
nitude, emit and propagate ; or, lastly, by the
harmony of the universe, which confines and
limits, by a certain necessity, the parts of the
homogeneous bodies. For we must not rest
upon the accounts given by astronomers of the
bare magnitude of the stare, (though they have
laboured in that attempt, seemingly with great
and exact minuteness, yet in reality with no little
license and temerity ;) but must seek, if any pre-
sent themselves, proofs and evidence more to be
trusted to and more genuine. Now, the magni-
tude and distance of the stare reciprocally indicate
each other by the methods of optics : the roots of
which science, however, ought to be a little
shaken.
The question of the true magnitude of the stars
is the twelfth in onr enumeration : there follows
another respecting the form, whether they be
globes, that is, masses of matter of a solid round
figure ! Now, there are apparently three figures
of the stars; spherical and comose, as the sun;
spherical and angular, as the stare, (the coma and
angles relate here only to aspect, the spherical
form only to substance;) spherical only, as the
moon. For, no star looks oblong, or triangular,
or square, or of any other figure than the above.
And, it appears to be the order of nature that the
larger accumulations of things, for their own pre-
servation and a truer union of parts, impact them-
selves into globes.
DESCRIPTION OF THE INTELLECTUAL GLOBE.
680
1 The fourteenth question relates to distance:
what is the true distance of any star in the abyss
of heaven 1 For the distances of the planets, both
relatively to one another and to the fixed stars, are
consequent upon, or determined by, their motions
in the path they describe through the heavens.
But, as we have said above concerning the mag-
nitude of the stars, if an exact and directly mea-
sured magnitude cannot be had, we must have
recourse to their comparative magnitudes :— -we
give the same precept as to their distance, that if
the distance cannot be accurately taken, (for in-
stance, from the earth to Saturn and to Jupiter,)
yet, let it be set down at least as certain, that Sa-
turn is of greater altitude than Jupiter. For, the
system of the heavens interiorly, that is, the
common arrangement of the planets with reference
to their heights, is not unchallenged, nor were
the opinions that now obtain formerly believed.
There is even now a controversy respecting Mer-
cury and Venus, which of them is higher. The
distances are found either by their parallaxes, or
their eclipses, or their modes of motion, or the
differences of their visible magnitude. Other
helps must also be obtained for this inquiry,
which man's industry will suggest. The ques-
tion, also, with regard to the thickness or
depth of the spheres, is connected with these
distances.
W. G. G.
3D
THE END OF VOL. II.
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