Scrinia Ceciliana, mysteries of state & government in letters of the late famous Lord Burghley, and other grand ministers of state, in the reigns of Queen Elizabeth, and King James, being a further additional supplement of the Cabala.

SIR FRANCIS BACON'S Letters, &c.

Sir Francis Bacon to the Lord Treasurer Burghley.

My Lord,

WIth as much confidence as mine own honest and faithful devotion unto your service, and your honorable correspondence unto me and my poor estate, can breed in a man, do I commend my self unto your Lordship. I wax now somewhat ancient; one and thirty years is a great deal of sand in the hour-glass: My health, I thank God, I find confirmed, and I do not fear that action shall impair it, because I account my ordinary course of study and meditation to be more painful then most parts of action are. I ever bear a mind (in some middle place, that I could discharge) to serve her Majesty; not as a man born under Sol, that loveth Honour; nor under Jupiter, that loveth business (for the contemplative Planet car∣rieth me away wholly;) but as a man born under an excellent Sovereign, that deserveth the dedication of all mens abilities. Besides, I do not find in my self so much self-love, but that the greater parts of my thoughts are to deserve well (if I were able) of my friends, and, name∣ly, of your Lordship, who being the Atlas of this Common-wealth, the Honour of my House, and the second founder of my poor estate, I am tied by all duties, both of a good Patriot, and of an unworthy Kinsman, and of an obliged servant, to imploy whatsoever I am, to do you service. Again, the meanness of my estate doth somewhat move me: for, though I cannot accuse my self, that I am either prodi∣gal, or sloathful, yet my health is not to spend, nor my course to get.

Lastly, I confess, that I have as vast contemplative ends, as I have mode∣rate civil ends; for I have taken all knowledge to be my providence; and if I could purge it of two sorts of Rovers, whereof the one with frivolous disputations; confutations, and verbosities; the other with blind experiments, and auricular traditions and impostures, hath com∣mitted so many spoils; I hope I should bring in industrious Observa∣tions, grounded Conclusions, and profitable Inventions and Discoveries, the best state of that providence. This, whether it be curiosity, or vain∣glory, or nature, or (if one take it favourably) Philanthropia, is so fixed in my mind, as it cannot be removed: And I do easily see, that place of any reasonable countenance doth bring commandment of more wits then of a mans own, which is the thing I greatly affect; And for your Lordship, perhaps you shall not find more strength, and less en∣counter, in any other. And if your Lordship shall find now, or at a∣ny time, that I do seek or affect any place, whereunto any that is nearer unto your Lordship shall be concurrent, say then, that I am a most dis∣honest man. And if your Lordship will not carry me on, I will not do as Anaxagoras did, who reduced himself, with contemplation, unto vo∣luntary poverty: But this I will do, I will sell the inheritance that I have, and purchase some lease of quick revenue, or some Office of gain that shall be executed by Deputy, and so give over all care of service, and become some sorry Book-maker, or, a true Pioneer in that Mine of Truth, which (he said) lay so deep. This which I have writ unto your Lordship, is rather thoughts then words, being set down without all Art, disguising, or reservation. Wherein I have done honour, both to your Lordships wisdom, in judging that that will be best believed of your Lordship, which is truest; and to your Lordships good nature, in retaining nothing from you. And even so I wish your Lordship all happiness, and to my self, means and occasion to be added to my faith∣ful desire to do you service.

From my Lodging at Grays-Inn.

Sir Francis Bacon to the Lord Treasurer Burghley.

My singular good Lord,

YOur Lordships comfortable Relation of her Majesties gracious o∣pinion and meaning towards me, though, at that time, your lei∣sure gave me not leave, to shew how I was affected therewith: yet up∣on every representation thereof, it entreth, and striketh more deeply

into me, as both my Nature and Duty presseth me, to return some speech of thankfulness. It must be an exceeding comfort and encou∣ragement to me, setting forth, and putting my self in way towards her Majesties service, to encounter with an example, so private and dome∣stical, of her Majesties gracious goodness and benignity, being made good and verified in my father, so far forth, as it extendeth to his Po∣sterity.

Accepting them as commended by his service, during the Non-age (as I may term it) of their own deserts, I, for my part, am very well content, that I take least part, either of his abilities of Mind, or of his worldly advancement; both which he held, and received, the one of the gift of God immediately, the other of her Majesties Gift: Yet in the loyal and earnest Affection which he bear to her Majesties service, I trust, my portion shall not be with the least, nor in proportion with the youngest Birth. For, methinks, his president should be a silent charge, upon his blessing, unto us all, in our degrees, to follow him afar off, and to dedicate unto her Majesties service, both the use and spending of our lives. True it is, that I must needs acknowledge my self prepared and furnished thereunto with nothing but with a multitude of lacks and imperfections; but calling to mind, how diversly, and in what particular providence, God hath declar'd himself to tender the state of her Majesties Affairs, I conceive and gather hope, that those whom he hath, in a manner, prest for her Majesties service, by working and imprinting in them a single and zealous mind to bestow their duties therein, he will see them accordingly appointed of sufficiency conve∣nient for the Rank and standing where they shall be imployed; so as under this her Majesties blessing, I trust, to receive a larger allowance of Gods Graces. And as I may hope for this, so I can assure and promise for my Endeavour, that it shall not be in fault; but what diligence can intitle me unto, that, I doubt not, to recover. And now, seeing it hath pleased her Majesty to take knowledge of this my mind, and to vouchsafe to appropriate me unto her service, preventing any desert of mine with her Princely liberality; first, I humbly do beseech your Lordship, to present to her Majesty my more than humble thanks for the same: And withal, having regard to mine own unworthiness to receive such favour, and to the small possibility in me to satisfie and answer what her Majesty conceiveth; I am moved to become a most humble suitor to her Majesty, that this benefit also may be affixed un∣to the other, which is, That if there appear in me no such toward∣ness of service, as it may be, her Majesty doth benignly value and assess me at, by reason of my sundry wants, and the disadvantage of my na∣ture,

being unapt to lay forth the simple store of those inferiour gifts which God hath allotted unto me, most to view; yet that it would please her Excellent Majesty, not to accompt my thankfulness the less, for that my disability is great to shew it; but to sustain me in her Ma∣jesties grecious opinion, whereupon I onely rest, and not upon any expectation of desert, to proceed from my self, towards the content∣ment thereof. But if it shall please God to send forth an occasion whereby my faithful affection may be tried, I trust, it shall save me meli∣bour for ever making more protestation of it hereafter. In the mean time, howsoever it be not made known to her Majesty, yet God know∣eth it, through the daily sollicitations wherewith I address my self unto him in unfeigned Prayer for the multiplying of her Majesties prosperi∣ties: to your Lordship also, whose recommendation, I know right well, hath been material to advance her Majesties good opinion of me, I can be but a bounden servant. So much may I safely promise, and pur∣pose to be, seeing publick and private bonds vary not, but that my ser∣vice to her Majesty and your Lordship draw in a line; I wish therefore to, shew it with as good proof, as I can say it in good faith, &c.

Your Lordships, &c.

Sir Francis Bacon in recommendation of his service, to the Earl of Northumberland, a few days before Queen Elizabeths death.

It may please your good Lordship,

AS the time of sowing of seed is known, but the time of coming up and disclosing is casual, or according to the season; So I am a witness to my self, that there hath been covered in my mind a long time a seed of affection and zeal towards your Lordship, sown by the estimation of your vertues, and your particular honours and favours to my brother deceased, and to my self; which seed still springing, now bursteth forth into this profession. And to be plain with your Lord∣ship, it is very true, and no winds or noyses of civil matters can blow this out of my head or heart, that your great capacity and love to∣wards studies and contemplations, of an higher and worthier nature then popular, a Nature rare in the world, and in a person of your Lord∣ships quality almost singular, is to me a great and chief motive to draw my affection and admiration towards you: and therefore, good my

Lord, if I may be of any use to your Lordship by my Head, Tongue, Pen, Means, or Friends, I humbly pray you to hold me your own: and herewithal, not to do so much disadvantage to my good mind, nor part∣ly, to your own worth, as to conceive, that this commendation of my humble service proceedeth out of any streights of my occasions, but meerly out of an election, and indeed, the fulness of my heart. And so wishing your Lordship all prosperity, I continue.

Sir Francis Bacon to Mr. Robert Kempe, upon the death of Queen Elizabeth.

Mr. Kempe.

This alteration is so great, as you might justly conceive some coldness of my affection towards you, if you should hear nothing from me, I living in this place. It is in vain to tell you, with what a wonderful still and calme this wheel is turned round, which whe∣ther it be a remnant of her felicity that is gone, or a fruit of his reputa∣tion that is coming, I will not determine; for I cannot but divide my self, between her memory and his name. Yet we account it but as a fair morn before Sun rising, before his Majesties presence; though, for my part, I see not whence any weather should arise. The Papists are conteined with fear enough, and hope too much. The French is thought to turn his practice upon procuring some disturbance in Scot∣land, where Crowns may do wonders. But this day is so welcome to the Nation, and the time so short, as I do not fear the effect. My Lord of Southampton expecteth release by the next dispatch, and is already much visited, and much well wished. There is continual posting, by men of good quality, towards the King, the rather, I think, because this Spring time it is but a kinde of sport. It is hoped, that as the State here hath performed the part of good Attorneys, to deliver the King quiet possession of his Kingdom; so the King will re-deliver them quiet possession of their places, rather filling places void, than removing men placed, So, &c.

Sir Francis Bacon to Mr. David Foules in Scotland, upon the entrance of His Majesties Reign.

SIR,

The occasion awaketh in me the remembrance of the constant and mutual good offices which passed between my good brother

and your self; whereunto, as you know, I was not altogether a stran∣ger, though the time and design (as between brethren) made me more reserved. But well do I bear in mind the great opinion which my bro∣ther (whose Judgment I much reverence) would often express to me of the extraordinary sufficiency, Dexterity and temper, which he had found in you, in the business and service of the King our Sovereign Lord. This latter bred in me an election, as the former gave an in∣ducement, for me to address my self to you, and to make this sig∣nification of my desire, towards a mutual entertainment of good affe∣ction, and correspondence between us; hoping that some good effect may result of it, towards the Kings service; and that, for our particu∣lars, though occasion give you the precedence, of furthering my being known by good note unto the King; so no long time will intercede, before I, on my part, shall have some means given to requite your fa∣vours, and to verifie your commendation. And so with my loving com∣mendations (good Mr. Foules) I leave you to Gods goodness.

From Graies Inne; this 25th of March.

Sir Francis Bacon to the King, upon presenting his discourse∣touching the Plantation of Ireland.

It may please your excellent Majesty,

I know no better way how to express my good wishes of a New-year to your Majesty, then by this little book, which in all humbleness I send you. The stile is a stile of business, rather then curious or elabo∣rate; And herein I was encouraged by my experience of your Majesties former Grace, in accepting of the like poor field-fruits, touching the Uni∣on. And certainly I reckon this action as a second brother to the Uni∣on. For I assure my self, that England, Scotland and Ireland, well u∣nited, is such a Trifoil, as no Prince except your self (who are the wor∣thiest) weareth in his Crown, Si Potentia reducatur in actum. I know well, that for me to beat my brains about these things, they be Majora quam pro fortuna, but yet they be Minora quam pro studio & volunta∣te. For as I do yet bear an extream zeal to the memory of my old Mistriss Queen Elizabeth, to whom I was rather bound for her trust, than for her favour; so I must acknowledge my self more bound to your Majesty, both for trust and favour: whereof I will never deceive the one, as I can never deserve the other. And so in all humbleness kis∣sing your Majesties Sacred hands, I remain;

Sir Francis Bacon, to the Lord Chancellor, touch∣ing the History of Britain.

It may please your good Lordship,

SOme late act of his Majesty, referred to some former speech which I have heard from your Lordship, bred in me a great desire, and by strength of desire a boldness, to make an humble Proposition to your Lordship, such as, in me, can be no better than a wish; but if your Lordship should apprehend it, it may take some good and worthy effect. The Act I speak of, is the order given by his Majesty for the erection of a Tomb or Monument for our late Sovereign Queen Elizabeth: where∣in I may note much, but this at this time, That as her Majesty did al∣wayes right to his Majesties hopes, so his Highness doth, in all things, right to her memory; a very just and Princely retribution. But from this occasion, by a very easie ascent, I passed further, being put in mind, by this representative of her person, of the more true and more perfect representative, which is, of her Life and Government. For, as Sta∣tues and Pictures are dumb Histories, so Histories are speaking Pictures; wherein (if my affection be not too great, or my reading too small) I am of this opinion, That if Plutarch were alive to write Lives by Parallels, it would trouble him, for Vertue and Fortune both, to find for her a parallel amongst Women. And though she was of the Pas∣sive Sex, yet her Government was so active, as, in my simple opinion, it made more impression upon the several States of Europe, than it re∣ceived from thence. But, I confess unto your Lordship, I could not stay here, but went a little further into the consideration of the times which have passed since King Henry the Eighth; wherein I find the strangest variety, that, in so little number of Successions of any hereditary Mo∣narchy, hath ever been known; the Reign of a Child; the offer of an Usurpation, though it were but as a diary Ague; the Reign of a Lady married to a Forreigner, and the Reign of a Lady solitary and unmarried: So that, as it cometh to pass, in massive bodies, that they have certain trepidations and waverings, before they fix and settle; so it seemeth, that, by the Providence of God, this Monarchy (before it was to settle in his Majesty and his Generations, in which I hope it is now established for ever) hath had these preclusive changes in these barren Princes. Neither could I contain my self here (as it is easier for a man to multiply, than to stay a wish) but calling to remembrance

the unworthiness of the History of England, in the main continuance thereof, and the partiality and obliquity of that of Scotland, in the latest and largest Author that I have seen; I conceived, it would be ho∣nour for his Majesty, and a work very memorable, if this Island of great Britain, as it is now joined in Monarchy for the Ages to come, so it were joined in History for the times past; and that one just and compleat History were compiled of both Nations. And if any man think, it may refresh the memory of former discord, he may satisfie himself with the Verse, Olim haec meminisse juvabit. For, the case being now altered, it is matter of comfort and gratulation, to remember former troubles. Thus much, if it may please your Lordship, was in the Optative Mood, and it was time that I should look a little into the Po∣tential; wherein the hope that I received was grounded upon three Observations: The first, of these times, which flourish in Learning, both of Art, and Language; which giveth hope, not only that it may be done, but that it may be well done. Secondly, I do see, that which all the World sees, in his Majesty, a wonderful Judgment in Learning, and a singular Affection towards Learning, and Works which are of the mind, and not of the hand. For, there cannot be the like honour sought in building of Galleries, and planting of Elms along High∣wayes, and the outward ornaments wherein France now is busie (things rather of Magnificence, than of Magnanimity) as there is in the uni∣ting of States, pacifying of Controversies, nourishing and augment∣ing of Learning and Arts, and the particular action appertaining unto these; of which kind Cicero judged truly, when he said to Caesar, Quantum operibus tuis detrahet vetustas, tantum addet laudibus. And lastly, I called to mind, that your Lordship, at some times, hath been pleased to express unto me a great desire, that something of this matter should be done, answerable, indeed, to your other noble and worthy courses and actions; joining, and adding unto the great services towards his Majesty (which have, in small compass of time, been performed by your Lordship) other great deservings, both of the Church, and Com∣monwealth, and particulars: So as the opinion of so great and wise a man doth seem to me a good warrant, both of the possibility, and worth of the matter. But all this while, I assure my self, I cannot be mistaken by your Lordship, as if I sought an Office or employment for my self; for no man knows better than your Lordship, that if there were in me any faculty thereunto, yet neither my course of life, nor pro∣fession would permit it. But because there be so many good Painters, both for hand and colours, it needeth but encouragement and instructi∣ons to give life unto it. So, in all humbleness, I conclude my present∣ing

unto your Lordship this wish, which if it perish, it is but a loss of that which is not. And so craving pardon, that I have taken so much time from your Lordship, I remain, &c.

Sir Francis Bacon, to the King, upon the sending unto him a beginning of a History of his Majesties time.

It may please your Majesty,

HEaring that you are at leisure to peruse story, a desire took me to make an experiment what I could do in your Majesties times, which, being but a leaf or two, I pray your pardon, if I send it for your recreatiou, considering, that love must creep, where it cannot go. But to this I add these petitions: First, that if your Majesty do dislike any thing, you would conceive I can amend it upon your least beck. Next, that if I have not spoken of your Majesty encomiastically, your Majesty will be pleased only to ascribe it to the Law of an History, which doth not clutter together praises, upon the first mention of a name, but rather disperseth them, and weaveth them throughout the whole Narration: And as for the proper place of commemoration (which is in the period of life) I pray God I may fiever live to write it. Thirdly, that the reason why I presumed to think of this oblation, was, because whatso∣ever my disability be, yet I shall have that advantage which almost no writer of History hath had, in that I shall write the times, not only since I could remember, but since I could observe. And lastly, that it is only for your Majesties reading.

Sir Francis Bacon, to the Earl of Salisbury, upon sending him one of his books of advancement of Learning.

It may please your Good Lordship,

I present your Lordship with a work of my vacant time, which if it had been more; the work had been better. It appertaineth to your Lordship (besides my particular respects) in some propriety, in regard you are a great Governor in a Province of Learning; and (that which is more) you have added to your place affection towards Learning, and to your affection judgement, of which, the last I could be content were (for the time) less, that you might the less exquisitely censure that

which I offer to you. But sure I am, the Argument is good, if it had lighted upon a good author; but I shall content my self to awake bet∣ter spirits; like a bell-ringer which is first up, to call others to Church. So, with my humble desire of your Lordships good acceptation, I remain,

Sir Francis Bacon, to the Lord Treasurer Buckhurst, upon the same occasion, of sending his book of Ad∣vancement of Learning.

May it please your good Lordship,

I have finished a work touching the advancement or setting forward of learning, which I have dedicated to his Majesty, the most learned of a Sovereign, or temporal Prince, that time hath known. And up∣on reason not unlike, I humbly present one of the books to your Lord∣ship, not onely as a Chancellor of an University, but as one that was excellently bred in all learning; which I have ever noted to shine in all your speeches and behaviours. And therefore your Lordship will yield a gracious aspect to your first love, and take pleasure in the adorning of that wherewith your self are so much adorned. And so humbly desi∣ring your favourable acceptation thereof, with signification of my hum∣ble duty, I remain,

A Letter of the like Argument, to the Lord Chancellor.

May it please your good Lordship,

I humbly present your Lordship with a work, wherein as you have much commandment over the Author, so your Lordship hath also great interest in the argument. For to speak without flattery, few have like use of Learning, or like judgement in learning, as I have ob∣served in your Lordship. And again, your Lordship hath been a great planter of Learning, not only in those places in the Church which have been in your own gift, but also in your commendatory Vote, no man hath more constantly held, Detur digniori; and therefore both your Lordship is beholden to Learning, and learning beholden to you. Which maketh me presume, with good assurance, that your Lordship will ac∣cept

well of these my labours, the rather because your Lordship in pri∣vate speech hath often begun to me, in expressing your admiration of his Majesties Learning, to whom I have dedicated this work; and whose vertue and perfection in that kind did chiefly move me to a work of this nature. And so, with signification of my most humble duty and affection towards your Lordship, I remain, &c.

Sir Francis Bacon, of like argument, to the Earl of North∣ampton, with request to present the book to his Majesty.

It may please your good Lordship,

HAving finished a work touching the Advancement of Learning, and dedicated the same to his sacred Majesty, whom I dare avouch (if the records of time erre not) to be the learnedst King that hath reigned; I was desirous, in a kind of congruity, to present it by the learnedst Councellor in this Kingdom, to the end, that so good an ar∣gument, lighting upon so bad an Author, might receive some repare∣tion, by the hands into which, and by which, it should be delivered And therefore I make it my humble suit to your Lordship to present this mean, but well meant writing to his Majesty, and with it my humble and zealous duty; and also my like humble request of pardon, if I have too often taken his name in vain, not onely in the dedication, but in the voucher of the authority of his speeches, and writings. And so I remain, &c.

Sir Francis Bacon, his Letter of request to Doctor Plafer, to translate the book of Advancement of Learn∣ing into Latine.

Mr. Doctor Plafer,

A great desire will take a small occasion to hope, and put in Tryal that which is desired. It pleased you a good while since, to ex∣press unto me, the good liking which you conceive of my book, of the advancement of Learning, and that, more significantly (as it seemed to me) then out of curtesie, or civil respect. My self, as I then took con∣tentment in your approbation thereof, so I should esteem and acknow∣ledge,

not onely my contentment increased, but my labours advanced; if I might obtain your help in that nature which I desire. Wherein be∣fore I set down in plain terms my request unto you, I will open my self, what it was which I chiefly sought, and propounded to myself, in that work, that you may perceive that which I now desire to be pursuant thereupon. If I do not erre, (for any judgment that a man maketh of his own doings had need be spoken with a Si nunquam fallit Imago,) I have this opinion, that if I had sought my own commendation, it had been a much fitter course for me, to have done as Gardners use to do, by taking their Seeds and Slips, and re ring them first into plants, and so uttering them in pots, when they are in flower, and in their best state. But for as much as my end was, merit of the state of Learning, to my power, and not glorie; and because, my purpose was rather to excite other mens wits, then to magnifie my own, I was desirous to pre∣vent the incertainess of my own life and times, by uttering rather seeds then plants; nay and further, as the Proverb is, by sowing with the Basket, then with the hand. Wherefore, since I have onely taken up∣on me to ring a Bell; to call other wits together; (which is the mean∣est office) it cannot but be consonant to my desire, to have that Bell heard, as sarre as can be. And since that they are but sparks, which can work but upon matter prepared; I have the more reason to wish, that those sparks may flye abroad; that they may the better find, and light upon those minds, and spirits, which are apt to be kindled. And therefore the privateness of the language considered, wherein it is writ∣ten, excluding so many readers, (as on the other side, the obscurity of the argument, in many parts of it, excludeth many others) I must ac∣count it a second birth of that work, if it might be translated into La∣tine, without manifest loss of the sence and matter. For this purpose, I could not represent to my self any man, into whose hands I do more earnestly desire that work should fall, then your self; for by that I have heard and read, I know no man a greater Master in commanding words to serve matter. Nevertheless, I am not ignorant of the worth of your labours, whether such as your place and profession imposeth on you, or such as your own vertue may, upon your voluntary election, take in hand. But I can lay before you no other perswasions, then either the work it self may affect you with, or the honour of his Majesty, to whom it is dedicated, or your particular inclination to my self; who, as I ne∣ver took so much comfort in any labours of my own, so I shall never acknowledge my self more obliged in any thing to the labour of ano∣ther, then in that which shall assist this. Which your labour if I can, by my place, profession, means, friends, travel, word, deed, requite un∣to

you; I shall esteem my self so straitly bound thereunto, as I shall be ever most ready, both to take and seek occasions of thankfulness. And so leaving it, nevertheless, Salva amicitia (as reason is) to your own good liking, I remain, &c.

Sir Francis Bacon, to Sir Thomas Bodley, upon sending him his Book of the advancement of Learning.

SIR,

I Think no man may more truly say with the Psalmist, Multum inco∣la fuit anima mea. For I do confess, since I was of any Under∣standing, my mind hath, in effect, been absent from that I have done; and in absence, Errors are committed, which I do willingly acknowledge, and amongst the rest, this great one that led the rest; that knowing my self by inward Calling to be fitter to hold a Book, than to play a part, I have led my life in civil Causes; for which I was not very fit by na∣ture, and more unfit by the pre-occupation of my mind. Therefore, calling my self home, I have now for a time enjoyed my self; where likewise I desire to make the World partaker. My labours (if so I may term that which was the comfort of my other labours) I have dedica∣ted to the King; desirous, if there be any good in them, it may be as fat of a Sacrifice, incensed to his Honour; and the second Copy have I sent unto you, not only in good Affection, but in a kind of Congruity, in regard of your great and rare desert of Learning: For Books are the Shrines where the Saint is, or is believed to be. And you having built an Ark, to save Learning from deluge, deserve, in propriety, any new in∣strument or engine, whereby Learning should be improved or advan∣ced. So, &c.

Sir Francis Bacon, to the Bishop of Ely, upon sen∣ding his writing intituled, Cogitata & visa.

My very good Lord,

NOW your Lordship hath been so long in the Church and the Pa∣lace, disputing between Kings and Popes, me-thinks you should take pleasure to look into the field and refresh your mind with some matter of Philosophy; though that Science be now, through age,

waxed a child again, and left to boys and young men. And because you are wont to make me believe you took liking to my writings, I send you some of this Vacation fruits, and thus much more of my mind and purpose. I hasten not to publish, perishing I would prevent. And I am sorced to respect as well my times, as the matter; For with me it is thus, and I think with all men, in my case: If I bind my self to an argument, it loadeth my mind; but if I rid my mind of the present Cogitation, it is rather a recreation: This hath put me into these Miscellanies, which I purpose to suppress, if God give me leave to write a just and perfect Volume of Philosophy, which I go on with, though slowly. I send not your Lordship too much, lest it may glut you. Now, let me tell you what my desire is, If your Lordship be so good now, as when you were the good Dean of Westminster, my request to you is, that not by Pricks, but by Notes, you would mark unto me whatsoever shall seem unto you, either not currant in the stile, or harsh to credit and opinion, or inconvenient for the person of the writer. For no man can be Judge and party; and when our minds judge by reflexion on our selves, they are more subject to error. And though, for the matter it self, my judgment be in some things fixed, and not accessible by any mans judgment that goeth not my way, yet even in those things the admonition of a friend may make me express my self diversly. I would have come to your Lordship, but that I am hast∣ning to my house in the Country. And so I commend your Lordship to Gods goodness.

Sir Francis Bacon, to Sir. Thomas Bodley, after he had im∣parted to him a Writing intituled, Cogitata & visa.

SIR, in respect of my going down to my house, in the Countrey, I shall have miss of my Papers, which I pray you therefore return unto me. You are, I bear you witness, sloathful, and you help me nothing; so as I am half in conceit, that you affect not the Argument; I or my self, I know well you love and affect. I can say no more to you, but, Non canimus surdis, respondent omnia silvae. If you be not of the Lodgings chaulked up (whereof I speak in my Preface) I am but to pass by your door. But if I had you but a Fortnight at Gorambury, I would make you tell me another Tale, or else I would add a Cogitation against Libraries, and be revenged on you that way, I pray you send me some good news of Sir Thomas Smith, and commend me very kindly to him. So I rest.

Sir Francis Bacon, to Mr. Matthew, upon sending him part of Instauratio Magna.

Mr. Matthew,

I plainly perceive by your affectionate writing: touching my work, that one and the same thing affecteth us both, which is the good end to which it is dedicated: For as to any ability of mine, it cannot merit that degree of approbation: For your Caution for Church-men, and Church-matters, (as for any im∣pediment it might be to the applause and celebrity of my work) it mo∣veth me not; but as it may hinder the fruit and good which may come of a quiet and calme passage to the good Port to which it is bound, I hold it a just respect, so as to fetch a fair wind, I go not too far about: But troth is, I shall have no occasion to meet them in my way, except it be, as they will needs confederate themselves with Aristotle; who, you know is intemperately magnified with the Scholemen, and is also allyed (as I take it) to the Jesuits by Faber, who was a companion of Loyola, and a great Aristotelian. I send you at this time, the only part which hath any harshness, and yet I framed to my self an opinion, that whosoever allowed well of that Preface, which you so much commend, will not dislike, or at least ought not dislike, this other speech of Prepa∣ration; For it is written out of the same spirit, and out of the same necessitie. Nay, it doth more fully lay open, that the question between me and the Ancients is not of the vertue of the race, but of the right∣ness of the way. And to speak truth, it is to the other but as Palma to Pugnus, part of the same thing more large. You conceive aright, that in this, and the other, you have Commission to impart, and com∣municate them to others, according to your discretion: other matters I write not of: My self am like the Miller of Huntington, that was wont to pray for peace amongst the willowes; for while the winds blew, the wind-mills wrought, and the water-mill was less customed. So I see that Controversies of Religion much hinder the advancement of Sciences. Let me conclude with my perpetual wish towards your self, that the approbation of your self by your own discreet and tem∣perate carriage may restore you to your Country, and your friends to your society. And so I commend you to Gods goodness.

Graies Inne, this 10^th of October, 1609.

Sir Francis Bacon, to Mr. Matthew, touch∣ing Instauratio Magna.

Mr. Matthew,

I heartily thank you for your Letter of the 10^th of Feb. and am glad to receive from you matter both of encour∣agement and advertisment, touching my writings. For my part, I do wish that since there is almost no lumen siccum in the world, but all, Madidum, Maceratum, infused in affections, and bloods, or humours, that these things of mine had those separations that might make them more acceptable; so that they claim not so much acquaintance of the present times, as they be thereby the less like to last. And to shew you that I have some purpose to new mould them, I send you a leaf or two of the Preface, carrying some figure of the whole work. Wherein I purpose to take that which is real and effectual of both writings; and chiefly, to add pledge, if not payment, to my promise. I send you also a Memorial of Queen Elizabeth, to requite your Elogie of the late D. of Florences felicitie. Of this, when you were here, I shewed you some Model, though at that time, me-thought you were as willing to hear Julius Caesar, as Q. Elizabeth commended. But this which I send is more full, and hath more of the Narrative; and further, hath one part that I think will not be disagreeable, either to you, or that place, be∣ing the true tracts of her proceeding towards the Catholicks, which are infinetly mistaken. And though I do not imagine they will pass allow∣ance there, yet they will gain upon excuse. I find Mr. Lezure to use you well (I mean his tongue, of you) which shews you either honest or wise. But this I speak meerly; For in good faith, I conceive hope, that you will so govern your self, as we may take you as assuredly for a good Subject, and Patriot, as you take your self for a good Christian; and so we may again enjoy your Company, and you your Conscience, if it may no otherwise be. For my part, assure your self, (that as we say in the Law) Mutatis mutandis, my love and good wishes to you are not diminished. And so I remain.

A Letter to Mr. Matthew, upon sending his Book De Sapientia Veterum.

Mr. Matthew,

I do very heartily thank you for your Letter of the 24th of Aug. from Salamanca; and in recompence thereof, I send you a little work of mine, that hath begun to pass the world. They tell me my Lattin is turn'd into Silver, and becom currant. Had you been here, you had been my Inquisitor, before it came forth. But I think the greatest Inquisitor in Spain will allow it. But one thing you must pardon me, if I make no hast to beleive, that the world should be grown to such an extasie, as to reject truth in Philosophy, because the Author dissenteth in Religion; no more then they do by Aristcle, or Averrois. My great work goeth forward, and after my manner, I al∣ter ever when I add. So that nothing is finished till all be finished. Th s I have written in the midst of a Term and Parliament, thinking no time so precious, but that I should talk of these matters with so good and dear a friend. And so, with my wonted wishes, I leave you to Gods goodness.

From Grayes-Inne, Febr. 17. 1610.

Sir Francis Bacon, to M. Savill.

Mr. Savill,

Coming back from your Invitation at Eaton, where I had refreshed my self with company which I loved, I sell into a consideration of that part of Policie whereof Philosophy speaketh too much, and Laws too little; And that is, of education of youth; whereupon fixing my mind a while, I found straitwayes, and noted, even in the discourses of Philosophers, (which are so large in this argument,) a strange silence concerning one principal part of that subject. For as touching the framing and seasoning of youth to moral vertues, tolerance of labour, continency from pleasures, obedience, honour, and the like, they handle it: but touching the improvement and helping of the intellectual powers, as of conceit, memory, and judgement, they say nothing; whether it were that they thought it to be a matter wherein Nature only prevailed; or that they intended it, as referred to the several and proper Arts which teach the use of Rea∣son, and speech. But for the former of these two reasons, howsoever it

pleaseth them to distinguish of habits, and powers, the experience is manifest enough, that the motions and faculties of the will and me∣mory may be not only governed and guided, but also confirmed and enlarged, by custome and exercise duly applyed; as, if a man exercise shooting, he shall not only shoot nearer the mark, but also draw a stronger bow. And as for the latter, of comprehending these precepts within the Arts of Logick and Rhetorick, if it be rightly considered, their office is distinct altogether from this point; for it is no part of the doctrine of the use, or handling of an instrument, to teach how to whet or grinde the instrument, to give it a sharper edge, or how to quench it, or otherwise, whereby to give it a stronger temper. Wherefore find∣ing this part of knowledge not broken, I have but tanquam aliud agens, entred into it, and salute you with it, dedicating it after the ancient man∣ner; first, as to a dear friend, and then as to an apt person; forasmuch as you have both place to practise it, and judgment, and leisure, to look deeper in it, then I have done. Herein you must call to mind, 〈☐〉〈☐〉. Though the argument be not of great height and dignitie, nevertheless, it is of great and universal use. And yet I do not see, why (to consider it rightly) that should not be a learning of heighth, which teacheth to raise the highest and worthiest part of the minde. But howsoever that be, if the world take any light and use by this writ∣ing, I will, that the Gratulation be to the good friendship and acquaint∣ance between us two. And so I commend you to Gods divine protection.

Sir Francis Bacon to the King, touching the Sollicitors place.

HOW honestly ready I have been (most gracious Sovereign) to do Your Majesty humble Service to the best of my power, and in a manner beyond my power (as I now stand) I am not so unfortu∣nate, but Your Majesty knoweth: For both in the Commission of U∣nion (the labour whereof, for men of my Profession, rested most up∣on my hand) and this last Parliament in the Bill of the Subsidie (both body and preamble) in the Bill of Attainders of Tresham, and the rest; in the matter of Purveyance in the Ecclesiastical Petitions, in the Grievances, and the like; as I was ever careful (and not without good success) sometimes to put forward that which was good, sometimes to keep back that which was not so good; so Your Majesty was pleased to accept kindly of my Services, and to say to me, such Conflicts were the

wars of Peace, and such Victories, the Victories of peace; And there∣fore such servants that obtained them, were by Kings that Reign in Peace, no less to be esteemed than services of Commanders in the Wars. In all which, nevertheless, I can challenge to my self no sufficiency, but that I was diligent and reasonably happy to execute those directions which I received either immediately from Your Royal Mouth, or from my Lord of Salisbury; At which time it pleased Your Majesty to pro∣mise and assure me, that upon the remove of the then Attorney, I should not be forgotten, but brought into ordinary place. And this was, after, confirmed to me by many of my Lords, and towards the end of the last Term, the manner also in particular was spoken of; that is, that Mr. Sollicitor should be made Your Majesties Serjeant, and I Sollicitor; for so it was thought best, to sort with both our gifts and faculties, for the good of your Service. And of this resolution, both Court and Countrey took knowledge. Neither was this any invention or project of mine own, but moved from my Lords; and I think, first, from my Lord Chancellor. Whereupon resting, Your Majesty well knoweth, I never opened my mouth for the greater place, though I am sure I had two Circumstances, that Mr. Attorney that now is, could not alledge. The one, nine years service of the Crown; The other, be∣ing Cousin-German to the Lord of Salisbury, whom Your Majesty esteemeth and trusteth so much. But for the less place, I conceived it was meant me. But after that Mr. Attorney Hubbert was placed, I heard no more of my Preferment, but it seemed to be at a stop, to my great dis∣grace and discouragement. For (graciousSovereign) if still when the waters are stirred, another shall be put before me, Your Majesty had need work a Miracle, or else I shall be still a lame man to do Your Majesty Service. And therefore my most humble Suit to Your Majesty, is, That this which seem'd to me was intended, may speedily be performed And I hope my former Service shall be but beginnings to better, when I am better strengthned: For sure I am, no mans heart is ful∣ler (I say not but many have greater hearts, but I say, not fuller) of Love and Duty towards Your Majesty, and Your Children, as, I hope, time will manifest against Envy and De∣traction, if any be. To conclude, I most humbly crave pardon for my boldness, and rest.

Sir Francis Bacon, to the King, his suitc to succeed in the Atturneys place.

It may please your Majesty,

YOur great and Princely favours towards me in advancing me to place, and that which is to me of no less comfort, your Majesties benign and gracious acceptation from time to time of my poor services, much above the merit and value of them, hath almost brought me to an opinion, that I may sooner perchance be wanting to my self in not asking, then find your Majesties goodness wanting to me, in any my reasonable and modest desires. And therefore, perceiving how at this time preferments of Law fly about mine ears, to some above me, and to some below me, I did conceive your Majesty may think it rather a kinde of dulness, or want of Faith, than Modestie, if I should not come with my Pitcher to Jacobs well, as others do. Wherein I shall pro∣pound to your Majesty, that which tendeth not so much to the raising of my Fortune, as to the setling of my minde, being sometimes assayled with this Cogitation, that by reason of my slowness to sue and appre∣hend sudden occasions, keeping on one plain course of painful service, I may (in fine dierum) be in danger to be neglected and forgotten. And if that should be, then were it much better for me now while I stand in your Majesties good opinion (though unworthy) and have some reputation in the world, to give over the Course I am in, and to make Proof to do you some honour by my Pen; either by writing some faithful Narrative of your happy (though not untraduced) times, or by recompiling your Laws, which, I perceive, your Majesty labour∣eth with, and hath in your head, (as Jupiter had Pallas) or some other the like work (for without some endeavour to do you honour I would not live) then to spend my wits and time in this laborious place, where∣in now I serve, if it shall be deprived of those outward ornaments, and inward comforts, which it was wont to have in respect of an assu∣red succession to some place of more dignitie and rest, which seemeth now to be a hope altogether casual, if not wholly intercepted. Where∣fore (not to hold your Majesty long) my suit (then the which I think I cannot well go lower) is, that I may obtain your royal promise to suc∣ceed (if I live) into the Atturneys place, whensoever it shall be void, in being but the natural, and immediate step and rise, which the place I now hold hath ever (in sort) made claim to, and almost never failed of.

In this suit I make no friends to your Majesty, but relie upon no other motive than your Grace, nor any other assurance but your word, where∣of I had good experience when I came to the Solicitors place, that they were like to the two great Lights, which in their motions are never Re∣trograde. So, with my best prayer for your Majesties happiness, I rest.

Sir Francis Bacon, to Sir George Cary in France, upon sending him his writing, In foelicem memoriam Elizabethae.

My very good Lord,

BEing asked the question by this bearer, an old servant of my bro∣ther Anthony Bacon, whether I would command him any service in∣to France, and being at better leisure then I would, in regard of sick∣ness, I began to remember, that neither your business nor mine, (though great and continual) can be, upon an exact account, any just occasion why so much good will as hath passed between us, should be so much discontinued as it hath been. And therefore, because one must begin, I thought to provoke your remembrance of me, by my Letter. And thinking how to fir it with somewhat besides salutations, it came to my mind, that this last summer by occasion of a factious Book that endea∣voured to verifie Misera Foemina (the addition of the Popes Bull) upon Queen Elizabeth; I did write a few lines in her memorial, which I thought you would be well pleased to read, both for the argument, and because you were wont to bear affection to my pen. Verum, ut aliud ex alio, if it came handsomly to pass, I would be glad the President de Thou (who hath written a History, as you know, of that fame and di∣ligence) saw it; chiefly because I know not, whether it may not serve him for some use in his Story; wherein I would be glad he did right to the truth, and to the memory of that Lady, as I perceive by that he hath already written, he is well inclined to do; I would be glad also, it were some occasion (such as absence may permit) of some acquaintance or mutual notice between us. For though he hath many ways the pre∣cedence (chiefly in worth) yet this is common to us both, that we serve our Sovereigns in places of Law eminent, and not our selves only, but that our Fathers did so before us; and lastly, that both of us love Learn∣ing, and Liberal Sciences, which was ever a bond of Friendship, in the greatest distances of places. But of this I make no farther request, then your own occasions and respects (to me unknown) may further or li∣mit; my principal purpose being to salute you, and to send you this

Token, whereunto I will add my very kind commendations to my Lady. And so commit you both to Gods holy protection.

A Letter to Sir Geo. Villiers, touching the difference between the Courts of Chancery and Kings Bench.

Sir,

I Received this morning from you two Letters by the same bearer, the one written before the other, both after his Majesty had recei∣ved my last. In this difference between the two Courts of Chancery and Kings Bench (for so I had rather take it at this time, then between the persons of my Lord Chancellor, and my Lord Chief Justice) I marvaile not, if rumour get way of true Relation; for I know Fame hath swift wings, specially that which hath black feathers; but within these two days (for sooner I cannot be ready) I will write to his Ma∣jesty both the Narrative truly, and my opinion sincerely, taking much comfort, that I serve such a King, as hath Gods property, in discerning truly of mens hearts. I purpose to speak with my Lord Chancellor this day, and so to exhibit that Cordial of his Majesties grace, as I hope this other accident will rather rowse and raise his spirits, then deject him, or incline him to a relapse; Mean while, I commend the wit of a mean man that said this other day; Well (saith he) next Term you shall have an old man come with a besom of Worm-wood in his hand, that will sweep away all this. For it is my Lord Chancellor his fashion, especially towards the Summer, to carry a posie of Worm-wood. I writ this Letter in haste, to return the Messenger with it. God keep you, and long and happily may you serve his Majesty.

Your true and affectionate servant.

Feb. 19. 1615.

POST-SCRIPT. Sir, I humbly thank you for your inward Letter: I have burned it as you commanded, but the flame it hath kindled in me will never be extinguished.

Sir Francis Bacon to the King, concerning the Praemu∣nire in the Kings Bench against the Chancery.

It may please your most Excellent Majesty,

I Was yesterday in the Afternoon with my Lord Chancellor, accord∣ing to Your Commandment, which I received by the Master of the Horse, and find the old man well comforted, both towards God, and towards the world. And that same middle comfort, which is a divine and humane proceeding from your Majesty being Gods Leiute∣nant on earth, I am perswaded hath been a great cause, that such a sick∣ness hath been portable to such an age. I did not faile in my conject∣ure, that this business of the Chancery hath stirred him. He sheweth to despise it, but yet he is full of it, and almost like a young Duelist that findeth himself behind hand.

I will now (as your Majesty requireth) give you a true relation of that which passed; neither will I decline your Royall Commandment, for delivering my opinion also, though it be a tender subject to write on. But I that account my being but an accident to my service, will neglect no duty upon self-safety. First, it is necessary I let your Ma∣jesty know the ground of the difference between the two Courts, that your Majesty may the better understand the Narrative.

There was a Statute made 27. Ed. 3. Cap. 1. which (no doubt) in * 1.1 the principal intention thereof, was ordained against those that sued to Rome, wherein there are words somewhat general, against any that questioneth or impeacheth any judgement given in the Kings Courts, in any other Courts. Upon these doubtfull words (other Courts) the Controversie groweth; For the founder interpretation taketh them to be meant of those Courts which though locally they were not held at Rome, or where the Popes Chair was, but here within the Realm, yet in their jurisdiction had their dependency upon the Court of Rome, as were the Court of the Legat here, and the Courts of the Arch-bishops and Bishops, which were then but subordinate judgement seats, to that high Tribunal of Rome.

And for this Construction the opposition of the words, (if they be well observed) between the Kings Courts and other Courts, maketh very much; For it importeth as if those other Courts were not the Kings Courts. Also the main scope of the Statute sortifieth the same; and lastly the practice of many ages. The other interpretation (which

cleaveth to the letter, expoundeth the Kings Courts to be the Courts of Law only, and other Courts to be Courts of Equity, as the Chan∣cery, Exchequer-Chamber, Dutchy, &c. though this also flyeth indeed from the letter; for that all these are the Kings Courts.

There is also another Statute which is but a simple Prohibition, and not with a penalty of Praemunire as the other is, That after judgements * 1.2 given in the Kings Courts, the parties shall be in Peace, except the judg∣ments be undone by Error, or Attaint, which is a legall form of rever∣sall. And of this also, I hold the sounder interpretation to be, to settle possessions against disturbances; and not to take away remedy in equity, where those judgments are obtained ex rigore juris, and against good Conscience.

But upon these two Statutes, there hath been a late conceipt in some, that if a judgement passe at the Common-Law against any, he may not after sue for relief in Chancery; and if he do, both he and his Coun∣cel and his Solicitor, yea and the Judge in Equity, himself, are within the danger of those Statutes. There your Majesty hath the true state of the question, which I was necessarily to shew you first, because your Majesty calleth for this relation, not as news, but as business. Now to the Historical part; It is the Course of the Kings Bench, that they give in Charge to the Grand Jury offences of all natures to be presented within Middlesex where the said Court is; and the manner is to enu∣merate them, as it were in Articles. This was done by Justice Crooke, the Wednesday before the Term ended, and that Article, if any man after a judgement given had drawn the said judgement to a new ex∣amination in any other Court, was by him especially given in Charge, which had not used to be given in Charge before. It is true, it was not solemnly dwelt upon, but as it were, thrown in amongst the rest.

The last day of the Term (and that which all men condemn) the supposed last day of my Lord Chancellors life) there were two Indict∣ments preferred of Praemunire, for suing in Chancery after judgement at Common-Law; The one by Richard Glanvile, the other by William Allen; the former against Courtney the party in Chancery; Gibb the Councellor, and Deurst the Clerk. The latter against Alderman Bowles, and Humphry Smith, parties in Chancery; Serjeant Moor the Councellor, Elias Wood Sollicitor in the Cause, and Sir John Tindall Master of the Chancery, and an Assessor to my Lord Chancellor. For the Cases themselves, it were too long to trouble Your Majesty with them; but this I will say, If they were set on that preferred them, they were the worst Workmen that ever were that set them on; for there could not have been chosen two such Causes, to the honour and advan∣tage

of the Chancery, for the justness of the Decrees, and the foulness and scandal both of fact and person, in those that impeach the Decrees.

The Grand Jury consisting (as it seemeth) of very substantial and intelligent persons, would not find the Bills, notwithstanding that they were much clamoured by the parties, and twice sent back by the Court; and in Conclusion, resolutely 17 of 19 found an Ignoramus; where∣in, for that time, I think Ignoramus was wiser than those that knew too much.

Your Majesty will pardon me, if I be sparing in delivering to You some other circumstances of aggravation, and concurrences of some like matters the same day, as if it had been some fatal constellation. They be not things so sufficiently tryed, as I dare put them into Your ear.

For my opinion, I cannot but begin with this Preface, That I am in∣finitely sorry that Your Majesty is thus put to salve and cure, not only ac∣cidents of time, but errors of servants. For I account this a kind of sickness of my Lord Cooke's, that comes almost, in as ill a time, as the sickness of my Lord Chancellor. And as I think it was one of the wisest parts that ever he plaid, when he went down to Your Majesty to Royston, and desired to have my Lord Chancellor joined with him: So this was one of the weakest parts that ever he plaid, to make all the World perceive that my Lord Chancellor is severed from him at this time.

But for that which may concern Your Service, which is my end, (leaving other men to their own wayes) First, my opinion is plainly, that my Lord Cooke, at this time, is not to be disgraced, both because he is so well habituate for that which remaineth of these capital Causes, and also for that which I find is in his breast touching Your Finances, and matters of repair of Your Estate. And (if I might speak it) as I think it were good his hopes were at an end in some kind, so I could wish they were raised in some other. On the other side, this great and pub∣lick Affront, not only to the Reverend and well-deserving person of Your Chancellor (and at a time when he was thought to lie a dying, which was barbarous) but to Your High-Court of Chancery (which is the Court of Your absolute power) may not (in my opinion) pass lightly, nor end only in some formal atonement; but use is to be made thereof, for the setling of Your Authority, and strengthning of Your Prerogative, according to the true Rules of Monarchy. Now to ac∣commodate and reconcile these Advices, which seem almost op∣posite.

First, Your Majesty may not see it (though I confess it be suspitious) that my Lord Cooke was any way aforehand privy to that which was done, or that he did set it, or animate it, but only took the matter as it came before him, and that his Error was only that at such a time he did not divert it in some good manner.

Secondly, If it be true (as is reported) that any of the puisne Judges did stir this business, or that they did openly revile and menace the Jury for doing their Conscience (as they did honestly and truly) I think that Judge is worthy to lose his place. And to be plain with Your Majesty, I do not think there is any thing a greater Polycreston, ad multa utile, to Your Affairs, than upon a just and fit occasion, to make some example against the presumption of a Judge, in Causes that concern Your Majesty; whereby the whole body of those Magistrates may be contained in better awe; and, it may be, this will light upon no unfit subject, of a person that is rude, and that no man cares for.

Thirdly, If there be no one so much in fault (which I cannot yet af∣firm either way, and there must be a just ground, God forbid else) yet I should think, that the very presumption of going so far in so high a Cause, deserveth to have that done, which was done in this very case, upon the Indictment of Serjeant Heale in Queen Elizabeth's time, that the Judges should answer it upon their knees before Your Majesty, or Your Councel, and receive a sharp admonition; at which time also, my Lord Wrey being then Chief Justice, slipt the Collar, and was forborn.

Fourthly, for the persons themselves, Glanvile and Allen, which are base Fellows, and turbulent, I think there will be discovered and pro∣ved against them (besides the preferring of the Bill) such combinati∣on, and contemptuous speeches and behaviour, as there will be good ground to call them, and perhaps some of their petty Councellors at Law, into the Star-Chamber.

In all this which I have said, Your Majesty may be pleased to observe, That I do not engage you much in the main point of the Jurisdiction, for which I have a great deal of reason, which I now forbear. But two things I wish to be done; the one, That Your Majesty take this occasi∣on to redouble unto all Your Judges Your ancient and true Charge and Rule; That You will endure no innovating in the point of Jurisdicti∣ons; but will have every Court impaled within their own Presidents, and not assume to themselves new Powers, upon conceits and inventions of Law: The other, That in these high Causes that touch upon State and Monarchy, Your Majesty give them strait charge, That upon any occasions intervenient hereafter, they do not make the vulgar party to

their contestations, by publick handling them, before they have con∣sulted with Your Majesty, to whom the reglement of those things ap∣pertaineth. To conclude, I am not without hope, That Your Majesties managing this business, according to Your great wisdom, unto which I acknowledge my self not worthy to be Card-holder, or Candle-holder, will make profit of this accident, as a thing of Gods sending.

Lastly, I may not forget to represent to Your Majesty, That there is no thinking of Arraignments, until these things be somewhat accom∣modated, and some outward and superficial Reconciliation, at least, made between my Lord Chancellor, and my Lord Chief Justice; for this accident is a Banquet to all Somersets friends. But this is a thing that falleth out naturally of it self, in respect of the Judges going Circuit, and my Lord Chancellors infirmity, with hope of recovery. And al∣though this protraction of time may breed some doubt of mutability, yet I have lately learned out of an excellent Letter of a certain King, That the Sun sheweth sometimes watry to our eyes, but when the Cloud is gone, the Sun is as before. God preserve Your Majesty.

Your Majesties most humble Subject, and most bounden Servant.

Febr. 21. 1615.

Your Majesties Commandment speaketh for pardon of so long a Let∣ter; which yet I wish may have a short continuance, and be punished with fire.

A Letter to the King, touching matter of Revenue and Profit.

It may please your Majesty,

I May remember what Tacitus saith, by occasion that Tiberius was often and long absent from Rome, In Urbe, & parva & magna ne∣gotia Imperatorem simul premunt. But saith he, in recessu, dimissis rebus minoris momenti, summae rerum magnarum magis agitantur. This maketh me think, it shall be no incivility to trouble your Majesty with business, during your aboad from London, knowing your Majesties Meditations are the principal wheel of your estate, and being warran∣ted by a former commandment, which I received from you.

I do now only send your Majesty these papers inclosed, because I

greatly desire so far forth to preserve my Credit with you, as thus: That whereas lately (perhaps out of too much desire which induceth too much belief) I was bold to say, that I thought it as easie for your Majesty to come out of want, as to go forth of your Gallery, your Majesty would not take me for a dreamer, or a projector. I send your Majesty there∣fore some grounds of my hopes. And for that paper which I have ga∣thered of increasments sperate; I beseech you to give me leave to think, that if any of the particulars do fail, it will be rather for want of workmanship in those that shall deal in them, than want of materials in the things themselves. The other paper hath many discarding cards; and I send it chiefly, that your Majesty may be the less surprized by projectors, who pretend sometimes great discoveries and inventions, in things that have been propounded, and perhaps after a better fashion, long since. God Almighty preserve your Majesty.

Your Majesties most humble and devoted Servant and Subject.

April 25 1610.

Sir Francis Bacon, the Kings Attorney, to the King, touching the proceeding with Somerset.

It may please your most excellent Majesty,

AT my last access to your Majesty, it was sit for me to consider the time, and your journey; which maketh me now trouble your Ma∣jesty with a remnant of that I thought then to have said, besides your old Warrant, and Commission to me, to advertise your Majestie, when you are aux champs, of any thing that concern'd your service, and my place. I know your Majestie is Nunquam minus solus quam cum so∣lus; and, I confess, in regard of your great judgment (unto 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 Majestie, that which I do now repeat, that the Evi∣dence, upon which my Lord of Somerset standeth indicted, is of a good strong thred, considering impoysoning is the darkest of offences; but, that the thred must be well spun, and woven together. For, your Ma∣jestie knoweth, it is one thing to deal with a Jury of Middlesex and Lon∣doners, and another to deal with the Peers, whose objects, perhaps, will not be so much what is before them in the present Case (which, I think,

is as odious to them as to the vulgar) but what may be hereafter. Be∣sides, there be two disadvantages, we that shallgive in evidence shall meet with, somewhat considerable: the one, that the same things, often open'd, lose their freshness, except there be an aspersion of somewhat that is new; the other is, the expectation raised, which makes things seem less then they are, because they are less then opinion. Therefore I were not your Attorney, nor my self, if I should not be very careful, that in this last part, which is the pinacle of your former Justice, all things may pass sine offendiculo, sine scrupulo. Hereupon I did move two things, which (having now more fully explained my self) I do in all humbleness renew. First, That your Majesty will be careful to chuse a Steward of Judgment, that may be able to moderate the Evi∣dence, and cut off Digressions; for I may interrupt, but I cannot si∣lence: The other, That there may be special care taken, for the or∣dering of the Evidence, not only for the knitting, but for the list, and (to use your Majesties own word) the confining of it. This to do, if your Majestie vouchsafe to direct it your self, that is the best; if not, I humbly pray you, to require my Lord Chancellor, that he, toge∣ther with my Lord Chief Justice, will confer with my self, and my sellows, that shall be used for the marshalling and bounding of the E∣vidence; 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-confidence, 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 considering times and persons, I desire to be strengthned by some such form of Command∣ment under Your Royal Hand, as I send You here inclosed. I most humbly pray Your Majesty, to think that I understand my self 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 occa∣sion. Thus, thirsty to hear of Your Majesties good health, I rest.

Jan. 22. 1615.

Sir Francis Bacon, the Kings Attorney, to Sir George Villiers, concerning the proceeding with 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 I find it necessary to know His pleasure in some things, ere I could further proceed.

My Lord Chancellor and my self, spent Thursday and Yesterday, the whole Forenoons of both dayes, in the Examination of Sir Robert Cotton, whom we find, hitherto, but empty, save only in the great point of the Treaty with Spain.

This Examination was taken before His Majesties Warrant came to Mr. Vice-Chamberlain, for communicating unto us the Secrets of the Pensions; which Warrant I received Yesterday morning, being Fri∣day, and a meeting was appointed at my Lord Chancellors, in the Eve∣ning, after Councel: Upon which Conference, we find matter of fur∣ther Examination for Sir Robert Cotton, of some new Articles, where∣upon to examine Somerset, and of entring into Examination of Sir William Mounson.

Wherefore, first for Somerset, being now ready to proceed to ex∣amine him, we stay only upon the Duke of Lenox, who, it seemeth, is fallen sick, and keepeth in; without whom, we neither think it war∣ranted by His Majesties direction, nor agreeable to His intention, that we should proceed; for that will want, which should sweeten the Cup of Medicine, he being his Countrey man and Friend. Herein then we humbly crave His Majesties direction with all convenient speed, whether we shall expect the Dukes recovery, or proceed by our selves; or that His Majesty will think of some other person (qualified according to His Majesties just intention) to be joined with us. I remember we had speech with His Majesty of my Lord Hay, and J, for my part, can think of no other, except it should be my Lord Chancellor of Scot∣land; for my Lord Binning may be thought too near allied.

I am further to know His Majesties pleasure concerning the day: For my Lord Chancellor and J, conceived His Majesty to have designed the Monday and Tuesday aftet St. Georges 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 Dukes sickness, and the cause we find of Sir William Mounsons Examination; and that divers of the peers are to be sent for from remote places.

It may please His Majesty therefore, to take into consideration, whe∣ther the days may not well be put off till Wednesday and Thursday after the Term, which endeth on the Munday, being the Wednesday and Thursday before Whitsontide; 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 Majesties absence from Town) then to take Munday and Tuesday after Trinity-Sunday, being the Munday and Tuesday before Trinity Term.

Now for Sir William Mounson, if it be His Majesties 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 Commandment and Warrant to my Lord Chief Justice, to deliver unto me the examinations he took of Sir William Mounson, that those, joyn∣ed to the information which we have received from Mr. Vice-Chamber∣lain, may be full instructions unto us for his examination. Further, I pray, let His Majesty know, that on Thursday in the evening my Lord Chief Justice and my self attended my Lord Chancellor at his house, for the setling of that scruple which His Majesty most justly con∣ceived in the Examination of the Lady Somerset; at which time, rest∣ing on His Majesties opinion, That that Evidence, as it standeth now un∣clear'd, must, Secundum leges sanae Conscientiae, be laid aside; the question was, Whether we should leave it out? or try what a Re-exami∣nation of my Lady Somerset would produce? Whereupon, we a∣greed upon a Re-examination of my Lady Somerset, 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 Evidence, and he had reported to His Majesty, viz. (That it was good Evidence, in their opinions, to convince my Lord of So∣merser) was not grounded upon this part of the Evidence now to be omitted, as well as upon the rest? Who answered confidently, That, no: and they never saw the exposition of the Letter, but only the Letter.

The same Thursday evening, before we entred into this last matter, and in the presence of Mr. Secretary Winwood (who left us when we went to the former business) we had conference concerning the frauds

and abusive Grants passed to the prejudice of His Majesties State of Revenue; where my Lord Chief Justice made some relation of his col∣lections which he had made of that kind; of which I will say only this, that I heard nothing that was new to me, and I found my Lord Chan∣cellor, in divers particulars, more ready then I 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 con∣sideration what was to be holpen by Law, what by Equity, and what by Parliament: Wherein, I must confess, that in the last of these (of which my Lord Chief Justice made most accompt) I make most doubt. But the Conclusion was, That upon this entrance, I should advise and conferr at large with my Lord Chief Justice, and set things on work. The particulars I referr till His Majesties coming.

The learned Councel have attended me now twice at my Chamber, to confer upon that which His Majesty gave us in Commandment for our opinions upon the Case set down by my Lord Chancellor, whether the Statutes extend to it or no. Wherein, we are more and more edified and confirmed, 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 nothing 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.

April 13. 1616.

Sir Francis Bacon, the Kings Attorney, giving account of an Examination taken of Somerset at the Tower.

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 directions come by so clear a Conduit, as they receive no tincture in the passage.

Yesterday, my Lord Chancellor, the Duke of Lenox, and my self, spent the whole afternoon at the Tower, in the examination of Somer∣set, upon the Articles sent from his Majesty, and some other additionals, which were in effect contained in the former, but extended to more

particularity, by occasion of somewhat discovered by Cottons exami∣nation, and Mr. Vice-Chamberlains information.

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 no∣thing so far on (for that which concerneth the Treaty) as Cotton, which doth much aggravate suspicion against him. The further particulars I reserve to his Majesties coming.

In the end, tanquam obiter, but very effectually, my Lord Chancellor put him in minde of the state he stood in for the imprisonment; but he was little moved with it, and pretended carelesness of life, since igno∣miny had made him unfit for his Majesties 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 Dispatches, and all that; so it was no good preparative, to make him descend into himself touching his present danger: and therefore my Lord Chancellor, and my self, thought not good to insist upon it at this time.

I have received from my Lord Chief Justice the examinations of Sir William Mounson: with whom we mean to proceed to further exami∣nation 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.

My self, with the rest of my fellows, upon due and mature advice, perfected our Report touching the Chancery; for the receiving whereof, I pray you, put his Majesty in mind, at his coming, to appoint some time for us to wait upon him all together, for the delivery in of the same, as we did in our former Certificate.

For the Revenue matters, I reserve them to his Majesties coming; and in the mean time, I doubt not but Master Secretary Winwood will make some kind of Report thereof to his Majesty.

For the conclusion of your Letter, concerning my own comfort, I can say but the Psalm of Quid retribuam? God, that giveth me favour in his Majesties eyes, will strengthen me in his Majesty service. I ever rest,

Your true and devoted Servant.

April 18. 1616.

To requite your Post-script of excuse for scribling, I pray you excuse that the Paper is not gilt, I writing from Westminster Hall, where we are not so fine.

Sir Francis Bacon, the Kings Attorney, to Sir George Villiers, touching the proceeding with 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 little Charm, which may be secretly in∣fused into Somersets ear some few hours before his Tryal, was excellent∣ly 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 but 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 hope that his Majesty will be good to his Lady and child; and that time (when Justice, and his Majesties Honour, is once salved and satisfied) may pro∣duce further fruit of his Majesties compassio; which was to be seen in the example of Southampton, whom his Majesty, after attainder, restor d; and Cobham and Gray, to whom his Majesty (notwithstanding they were offendors against his own person) yet 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 Ma∣jesties favour, may hope well, if he hurt not himself by his publick misdemeanor.

For the person that should deliver this message, I am not so well seen in the Religion of his friends, as to be able to make choice of a particular; my Lord Treasurer, the Lord Knolles, or any of his neerest friends, should not be trusted with it; for they may go too far, and perhaps, work contrary to His Majesties ends. Those which occur to me, are my Lord Hay, my Lord Burghley (of England, I mean) and Sir Ro∣bert Carr.

My Lady of Somerset hath been re-examined, and His Majesty is sound, 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 Helwish's wife, to be of Overbury, and not of Somerset; But for the person that should bid her, she saith, it was Northampton or Weston, not pitching upon certainty, which giveth some advantage to the evidence.

Yesterday being Wednesday, I spent 4 or 5 houres with the Judges whom His Majesty designed to take consideration with the four Judges

of the Kings Bench, of the Evidence against Somerset. They all concurre in opinion, that the questioning him, and drawing him on to tryal is most honourable and just, and that the Evidence is fair and good.

His Majesties Letter to the Judges concerning the Commendams was full of magnanimity and wisdome. I perceive His Majesty is never less alone, then when he is alone; for I am sure there was no body by him to informe him, which made me admire it the more.

The Judges have given day over, till the second Saturday of the next term; so as that matter may indure further consideration for His Ma∣jesty, not only not to lose ground, but to win ground.

To morrow is appointed for the examination of Somerset, which by some infirmitie 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.

May 2. 1616.

Sir Francis Bacon, the Kings Attorney, to Sir George Villiers, of Account and Advice to His Majesty, touching Somerset's Arraignment.

SIR,

I Am far enough from opinion, that the Redintegration or Resuscitati∣on of Somersets fortune can ever stand with his Majesties honour and safety; and therein I think I exprest my self 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 talke to him, cannot hurt, as I con∣ceive; 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 Majesties Princely judgement.

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 Ladies Ar∣raignment. For as His Majesty first conceived, I would not have it stay in his stomack too long, lest it sowre in the digestion; and to be too neer the time, may be thought but to tune him for that day.

I send herewithal the substance of that which I purpose to say naked∣ly,

and only in that part which is of tenderness; for that I conceive was His Majesties meaning.

It will be necessary, because I have distributed parts to the two Ser∣jeants (as that Paper doth express) and they understand nothing of His Majesties pleasure, of the manner of carrying the Evidence, more than they may guess by observation of my Example (which they may ascribe as much to my nature, as to direction) therefore that His Ma∣jesty would be pleased to write some few words to us all, signed with His own Hand, that the matter it self being Tragical enough, bitterness and insulting be forborn; and that we remember our part, to be to make him Delinquent to the Peers, and not odions to the People. That part of the Evidence of the Ladies Exposition of the Pronoun (He) which was first caught hold of by me, and after by His Majesties singu∣lar Wisdom and Conscience, excepted to, and now is by her Re-exami∣nation 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 certifie touching the point of Law for respiting the Judgment, for I have not fully advised with my Lord Chancellor concerning it; but I will advertise it in time.

I send His Majesty the Lord Stewards Commission in two several in∣struments; 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 trans∣mit the former to the Signet, if the Secretaries 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. 1616.

Sir Francis Bacon, the Kings Attorney, and some great Lords Commissioners, concerning the perswasion used to the Lord of Somerset to a frank Confession.

It may please Your Majesty,

WE have done our best endeavours to perform Your Majesties Commission both in matter and manner, for the examination

of my Lord of Somerset, wherein that which passed (for the general) 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 dayes work was that which would conduce to Your Majesties 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 saddest and most temperate of the King∣dom, who ought to understand the state of the proofs, that the Evidence was full to convict him, so as there needed neither Confession, nor supply of Examination. But for Your Majesties 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 Tryal, Your Majesty was tyed in Honour to proceed according to Justice, and that he little understood (being a close Prisoner) how much the expectation of the World, besides Your love to Justice it self, engaged Your Majesty, whatsoever Your inclination were; but nevertheless, that a frank and clear Confession might open the gate of Mercy, and help to satisfie the point of Honour.

That his Lady (as he knew, and that after many Oaths, and Impreca∣tions to the contrary) had nevertheless in the end, been touched with re∣morse, confessed, that she that led him to offend, might lead him like∣wise 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 further effect towards both. And therefore, in conclusion, we wished him not to shut the gate of your Majesties 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 further, that he might well discern who spake in us, in the course we held; for that Commissioners of Examination might not pre∣sume 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 further on to confess; only his Behaviour was very sober and modest, and mild (differing apparently from other times) but yet, as it seem'd, resolv'd to expect his Tryal.

Then did we proceed to examine him upon divers Questions touching the Impoysonment, which indeed were very material, and supplemental to the former Evidence; wherein either his Affirmatives gave some light, or his Negatives do greatly falsifie him, in that which is apparently pro∣ved.

We made this further observation, That when we asked him some Question that did touch the Prince, or some Forrain practice (which we did very sparingly at this time) yet he grew a little stirred; but in the Questions of the Impoysonment, very cold and modest. Thus not thinking it necessary to trouble Your Majesty with any further particu∣lars, we end with Prayer to God ever to preserve Your Majesty.

Your Majesties most Loyal, and Faithful Servant, &c.

If it seem good unto Your Majesty, we think it not amiss some Preach∣er (well chosen) had access to my Lord of Somerset, for his prepa∣ring and comfort, although it be before his Tryal.

Sir Francis Bacon, to the King, upon some inclination of His Majesty, signified to him for the Chancellors place.

It may please your most Excellent Majesty,

THe last day when it pleased Your Majesty to express your self to∣wards me in favour, far above that I can deserve, or could expect, I was surprised by the Princes coming in; I most humbly pray Your Ma∣jesty, therefore, to accept these few lines of acknowledgement.

I never had great thoughts for my self, further then to maintain those great thoughts which I confess I have for your service. I know what honour is, and I know what the times are; but I thank God, with me my service is the principal; and it is far from me, under honourable pretences, to cover base desires, which I account them to be, when men refer too much to themselves, especially serving such a King. I am afraid of nothing, but that the Master of the Horse, your excellent servant, and my self, shall fall out about this, who shall hold your Stir∣rup belt: but were Your Majesty mounted, and seated without difficul∣ties and distastes in your business, as I desire and hope to see you, I should ex animo, desire to spend the decline of my years in my studies, wherein also I should not forget to do him honour, who besides his ac∣tive and politick vertues, is the best pen of Kings, and much more the best subject of a pen. God ever preserve Your Majesty.

Your Majesties most humble Subject, and more and more obliged Servant,

April. 1. 1616.

Sir Francis Bacon, the Kings Attorney, returned with Po∣stils of the Kings own Hand.

It may please Your most Excellent Majesty,

YOur Majesty hath put upon me a work of providence in this great Cause, which is to break and distinguish future events into pre∣sent Cases, and so to present them to your Royal Judgement, that in this action which hath been carried with so great Prudence, Ju∣stice and Clemency, there may be (for that which remaineth) as little surprize as is possible, but that things duly foreseen may have their re∣medies and directions in readinss; wherein I cannot forget what the Poet Martial saith; O! quantum est subitis casibus ingenium! signifi∣ing, that accident is many times more subtil then foresight, and over∣reacheth expectation; and besides, I know very well the meanness of my own Judgment, in comprehending or forecasting what may follow.

It was Your Majesties pleasure, also, that I should couple the sup∣positions with my opinion in every of them, which is a harder taske; but yet Your Majesties commandment requireth my obedience, and your trust giveth me assurance.

I will put the case which I wish; That So∣merset should make a clear Confession of his offences, before he be pro∣duced to Tryal.

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 pub∣lique Ignominy. Or, (2) whether you will (or may sitly by Law) have the Tri∣al proceed, and stay or reprieve the Judg∣ment; which saveth the Lands from for∣feiture, and the blood from corrupti∣on. Or, (3) whether you will have both Trial and Judgment proceed, and save the blood only, not from corrupting, but from spilling.

REX. I say with Apollo, Media tutius itur, if it may stand with Law; and if it cannot, when I shall hear that he confes∣seth, I am then to make choice of the first, or the last.

These be the depths of your Majesties mercy which I may not enter into; but for honour and reputation, they have these grounds.

	That the blood of Overbury is already reven∣ged by divers Executions.
	That Confession and Penitency are the foot∣stools of Mercy, adding this circumstance likewise, that the former offenders did none of them make a clear confession.
	That the great downfal of so great persons carrieth, in it self, a heavie punishment, and a kind of civil death, although their lives should not be taken.

All which may satisfie honour, for sparing their lives.

But if your Majesties mercy should extend to the first degree, which is the highest, of sparing the Stage and the Trial; Then three things are to be considered.

REX. This Article cannot be mended in point thereof.	First, that they make such a submission or deprecation, as they prostrate themselves, and all that they have, at your Majesties feet, imploring your mercy.
	Secondly, that your Majesty, in your own wisdom, do advise what course you will take, for the utter extinguishing of all hope of resuscitating of their fortunes and favour; whereof if there should be the least conceit, it will leave in men a great deal of envie, and discontent.
	And lastly, whether your Majestie will not suffer it to be thought abroad, that there is cause of further examination of So∣merset, concerning matters of Estate, after he shall begin once to be a Confessant, and so make as well a Politick ground, as a ground of Clemencie, for further stay.

And for the second degree of proceeding to Trial, and staying Judgment, I must better inform my self, by presidents, and advise with my Lord Chancellor.

The second Case is, if that fall out which is likest (as things stand, and which we expect) which is, that the Lady Confess: and that So∣merset himself plead not guilty, and be found guilty.	In this Case, first, I suppose your Maje∣sty will not think of any stay of judgment, but that the publique process of Justice pass on.
REX. If stay of Judg∣ment can stand with the Law, I would even wish it in this Case; In all the rest this Article cannot be mended.	Secondly, for your Mercie to be extend∣ed to both, for pardon of their execution, I have partly touched, in the considerations applyed to the former Case; whereunto may be added, that as there is ground of mercy for her, upon her penitency and free Confession, 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 Mercie, on his part, upon the nature of the proof, because it rests chiefly upon Presum∣ptions. For certainly, there may be an E∣vidence so ballanced, as it may have suffici∣ent matter for the Conscience of the Peers to convict him, and yet leave sufficient matter in the Conscience of a King upon the same Evidence, to pardon 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 pre∣sent Case will be of such a nature.
	Thirdly, It shall be my care so to mode∣rate the manner of charging him, as it might make him not odious beyond the ex∣tent of Mercy.
REX. That danger is well to be foreseen, lest he upon the one part commit impardonable Errors, and I on the other part seem to pu∣nish him in the spirit of revenge.	Lastly, all these points of Mercy and fa∣vour are to be understood with this limita∣tion, if he do not, by his contemptuous and insolent carriage at the Bar, make him∣self uncapable and unworthy of them.
The third Case is, if he should stand mute, and will not plead, whereof	In this case, I should think fit, that, as in publique, both my self, and chiefly my Lord Chancellor (sitting then as Lord Steward of

your Majesty knoweth there hath been some secret question.	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 some dayes, upon a Christian ground, that he may have time to turn from that mind of destroying himself; during which time your Majesties further pleasure may be known.
REX. This Article cannot be mended.
The fourth Case is that, which I should be very sorry should hap∣pen; but it is a future contingent, that is, if the Peers should acquit him, and finde him not guilty.	In this Case, the Lord Steward must be provided what to do. For as it hath been ne∣ver seen, (as I conceive it) that there should be any rejecting of the Verdict, or any re∣spiting of the judgment of the acquittal, so on the other side, this Case requireth, that because there be many high and heinous of∣fences (though not Capital) for which he may be questioned in the Star-Chamber, or o∣therwise, 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 Pri∣soner.
REX. This is so also.

For matter of examination, or other proceedings, my Lord Chan∣cellor, with my advice hath set down.

Tomorrow, being Monday, For the Re-examination of the Lady.

Wednesday next, for the meeting of the Judges, concerning the Evidence.

Thursday, for the Examination of Somerset himself, according to Your Majesties Instructions.

Which three parts, when they shall be performed, I will give Your Majesty advertisement with speed, and in the mean time be glad to re∣ceive from Your Majesty (whom it is my part to inform truly) such directions, or significations of Your pleasure, as this advertisement may induce, and that with speed, because the time cometh on. Well remem∣bring who is the person whom Your Majesty admitted to this secret; I have sent this Letter open unto him, that he may take Your Majesties times to report it, or shew it unto You, assuring my self, that nothing is

more firm than his Trust, tyed to Your Majesties Command∣ments.

Your Majesties most humble, and most bounden Subject and Servant.

April 28. 1616.

The Copy of a Letter, conceived to be written to the late Duke of Buckingham, when he first became a Favourite to King James, by Sir Francis Bacon, afterwards Lord Verulam, and Viscount St. Alban: Containing some Advices unto the Duke, for his better direction in that eminent place of the Favourite; Drawn from him at the intreaty of the Duke himself, by much importunity.

Noble SIR,

WHAT you requested of me by word, when I last waited on you, you have since renewed by your Letters. Your requests are commands unto me; and yet the matter is of that nature, that I find my self very unable to serve you therein, as you desire. It hath pleased the King to cast an extraordinary eye of favour upon you, and you ex∣press your self very desirous to win upon the Judgment of your Master, and not upon his Affections only. I do very much commend your no∣ble ambition herein; for, Favour so bottomed, is like to be lasting; whereas, if it be built upon the sandy foundation of personal respects only, it cannot be long-lived.

Yet in this you have erred, in applying your self to me, the most un∣worthy of your servants, to give assistance upon so weighty a subject.

You know, I am no Courtier, nor vers'd in State-affairs,; my life, hitherto, hath rather been contemplative, then active; I have rather studied Books, then Men; I can but guess, at the most, at these things, in which you desire to be advised: Nevertheless, to shew 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 minde of the present condition you are in; you are not only a Courtier, but a Bed-Chamber man, and so are in the eye and eare of Your Master; but you are also a favourite; The Favourite of the time, and so are in his bosome 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 affecti∣ons, as well as other men) of these they make several uses: sometimes to communicate and debate their thoughts with them, and to upon their judgments thereby; sometimes to ease their cares by imparting them; and sometimes to interpose them, between themselves and the envy or malice of their people (for Kings cannot erre, that must be discharged upon the shoulders of their Ministers; and they who are neerest unto them must be content to bear the greatest load;) Truly Sir, I do not be∣lieve 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, is as free from the malice or envy of His Subjects, as, I think I may say truly, ever any King was, who hath sate upon His Throne be∣fore him: But I am confident, his Majesty hath cast His eys upon you, as finding you to be such as you should be, or hoping to make you to be such as he would have you to be; for this I may say without flattery, your out-side 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 your self, and to know well what the name of a Favourite signifies; If you be chosen upon the former respects, you have reason to take care of your actions, and deportment, out of your gratitude, for the Kings sake; but if out of the latter, you ought to take the greater care, for your own sake.

You are as a new-risen starre, and the eys of all men are upon you; let not your own negligence make you fall like a Meteor.

The contemplation then of your present condition must necessarily prepare you for action; what time can be well spar'd from your atten∣dance on Your Master will be taken up by suitors, whom you cannot a∣void, 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 Malus Genius 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 not flatter him; if you do, you are as great a Traytor to him, in the Court of Heaven, as he that draws 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, then 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 a gentle denial (when the case will not bear it) is the most acceptable to suitors;

they will gaine by their dispatch; whereas else they shall spend their time and money in attending; and you will gaine in the ease you will find be∣ing 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 courtesie, 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 Suitors come unto you, set apart a certain hour in a day to give them Audience: If the business be light and easie, 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 pre∣pared, do you constantly set apart an hour in a day to peruse those Petiti∣ons, 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 you may trust in a business of that nature, and recommend 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 be amiss to send several Copies of the same Petition to several of your Friends, the one not know∣ing what the other doth, and desire them to return their Answers to you by a certain time, to be prefixed in writing; so shall you receive an im∣partial Answer, and by comparing the one with the other, you shall both discern the Abilities and Faithfulness of your Friends, and be able to give a judgment thereupon as an Oracle. But by no means trust not your own judgment alone, for no man is omniscient; nor trust only to your Ser∣vants, who may mislead you, or misinform you; by which they may per∣haps gain a few Crowns, but the Reproach will lie upon yourself, if it be not rightly carried.

For the facilitating of your dispatches, my Advice is further, that you divide all the Petitions, and the matters therein contained, under seve∣ral Heads, which, I conceive, may be fitly ranked into these eight sorts.

1. Matters that concern Religion, and the Church and Church∣men.

2. Matters concerning Justice, and the Laws, and the Professors thereof.

3. Councellors, and the Councel-table, and the great Offices, and Of∣ficers of the Kingdom.

4. Forrain Negotiations and Embassies.

5. Peace and War, both Forrain and Civil, and in that the Navy and Forts, and what belongs to them.

6. Trade at home and abroad.

7. Colonies, or Forrain Plantations.

8. The Court, and Curiality.

And whatsoever will not fall naturally under one of these Heads, be∣lieve me, Sir, will not be worthy of your thoughts, in this capacity we now speak of. And of these sorts, I warrant you, you will find enough to keep you in business.

I begin with the first, which concerns Religion.

1. In the first place, be you your self rightly perswaded and setled in the true Protestant Religion, professed by the Church of England; which doubtless is as sound and orthodox in the Doctrine thereof, as any Christian Church in the World.

2. In this you need not be a Monitor to Your gracious Master the King; the chiefest of His imperial Titles, is, to be The Defender of the Faith; and His Learning is eminent, not only above other Princes, but above other men; be but his Scholar, and you are safe in that.

3. For the Discipline of the Church of England by Bishops, &c. I will not positively say, as some do, that it's Jure Divino; but this I say, and think, ex animo, 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 Proclamation 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 alterations in Government.

4. Take heed, I beseech you, that you be not an instrument to countenance the Romish Catholicks; I cannot flatter, the world be∣lieves that some near in blood to you are too much of that perswasion; 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 Errours.

5. The Arch-bishops 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 only to be of councel with the Bishop for his revenue, but chiefly for his Government in causes Ecclesiastical; use your best means to pre∣ferre such to those places who are fit for that purpose, men eminent for their learning, piety, and discretion, and put the King often in minde thereof; and let them be reduced again to their first institution.

7. You will be often sollicited, and parhaps importuned to preferre Scholars to Church-living; you may further your friends in that way, caeteris paribus; otherwise, remember, I pray, that these are not pla∣ces meerly of favour, the charge of souls lies upon them; the greatest account whereof will be required at their own hands; but they will share deeply in their faults, who are the instruments of their Pre∣ferment.

8. Besides the Romish Catholicks, there is a generation of Sectaries, the Anabaptists, Brownists, and others, of their kinds; they have been several times very busie in this Kingdom, under the colour of zeal for reformation of Religion: The King your Master knows their dispo∣sion 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 Eng∣land; a little countenance or connivency sets them on fire.

9. Order and decent ceremonies in the Church, are not only come∣ly, but commendable; but there must be great care, not to introduce in∣novations, they will quickly prove scandalous, men are naturally over∣prone to suspition; the true Protestant Religion is seated in the golden mean; the enemies unto her, are the extreams on either hand.

10. The persons of Church-men are to be had in due respect, for their works sake, and protected from scorn; but if a Clergie man be loose and scandalous, he must not be patronized nor winck't at, the ex∣ample of a few such, corrupt many.

11. Great care must be takan, that the patrimony of the Church be not sacrilegiously diverted to lay uses: His Majesty in his time hath re∣ligiously 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 oc∣casions.

12. Colledges and Schools of learning are to be cherished, and en∣couraged, there to breed up a new stock to furnish the Church and Common-wealth, when the old store are transplanted. This Kingdom

hath in latter ages been famous for good literature; and if preferment shall attend the deservers, there will not want supplies.

Next to Religion, let your care be to promote Justice. By Justice and mercy is The Kings throne established.

1. Let the rule of Justice be the Laws of the Land, an impartial ar∣biter between the King and his people, and between one Subject and another: I shall not speak superlatively of them, lest I be suspected of partiality, in regard of my own profession; but this I may truly say, they are second to none in the Christian world.

2. And, as far as it may lie in you, let no Arbitrary power be intrud∣ed; the people of this Kingdome love the Laws thereof, and nothing will oblige them more, then a confidence of the free enjoying of them; What the Nobles, upon an occasion, once said in Parliament, Nolu∣mus leges Angliae mutari, is imprinted in the hearts of all the people.

3. But because the life of the Lawes lies in the due execution and ad∣ministration of them, let 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 profession, patient in hearing, prudent in governing, powerful in their elocution to perswade and satisfie both the parties and hearers, just in their judgement: and, to sum up all, they must have these three Attributes; They must be men of courage, fearing God, and hating covetousness; An ignorant man can∣not, a Coward dares not be a good Judge.

4. By no means be you perswaded to interpose your self, 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 where you can hinder it, and by all means disswade the King himself from it, upon the importunity of any for themselves or their friends; If 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 alwayes leaves a taint of suspition behind it; Judges must be as chaste as Caesars wife, neither to be, nor to be suspected to be, unjust; and Sir, the honour of the Judges in their judicature, is the Kings honour, whose person they represent.

5. There is great use of the service of the Judges in their circuits, which are twice in the year held throughout the Kingdome; the trial of a few causes between party and party, or delivering of the gaols in the several Counties, are of great use for the expedition of justice; yet they are of much more use for the government of the Counties through which they passe, if that were well thought upon.

6. For if they had instructions to that purpose, they might be the

best intelligencers to the King of the true state of his whole Kingdom of the disposition of the people, of their inclinations, of their intenti∣ons and motions; which are necessary to be truly understood.

7. To this end, I could wish, that against every Circuit, all the Judges should, sometimes by the King himself, and sometimes by the Lord Chancellor or Lord Keeper, in the Kings Name, receive a charge of those things which the present times did much require: and at their return, should deliver 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 publick, as it useth to be in the Star-Chamber at the end of the Terms next before the Circuit begins, where the Kings 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 publickly delivered.

9. I could wish also that the Judges were directed to make a little lon∣ger 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 proportion) it would stand better with the Gravity of their imployment; whereas now they are sometimes enforced to rise over-early, and to sit over-late, for the dispatch of their business, to the extraordinary trouble of themselves, and of the people, their times in∣deed not being horae juridicae; And, which is the main, they would have the more leisure to inform themselves (quasi aliud agentes) of the true estate of the Countrey.

10. The attendance of the Sheriffs of the Counties, accompanied with the principal Gentlemen, in a comely, not a costly equipage, upon the Judges of Assize at their coming to the place of their sitting, and at their going out, is not only a Civility, but of use also: It raiseth a Reve∣rence to the persons and places of the Judges, who coming 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; Uendere 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, would be sometimes preferred, it would be a good encouragement for him, and for 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 Serjeants 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 ex∣perience 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 satisfie some Courtiers, but it is no Honour to the person so preferred, nor to the King who thus prefers them.

14. For the Kings Councel at the Law, especially His Attorney and Sollicitor General, I need say nothing; their continual use for the Kings Service, not only for His Revenue, but for all the parts of His Govern∣ment, 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 dextrous in those Affairs whereof the dispatch is committed to them.

15. The Kings 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.

16. The like for the Attorney of the Dutchy of Lancaster, who partakes of both qualities, partly of a Judge in that Court, and partly of an Attorney General, for so much as concerns the proper Revenue of the Dutchy.

17. I must not sorget 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 Coyfe (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, transplanted into the higher Courts.

18. There are many Courts (as you see) some superior, some pro∣vincial, 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 wis∣dom 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 concerning the principal Ministers of Justice; and in the first, of the High-Sheriffs of the Counties, which have been very Anci∣ent in this Kingdom, I am sure before the Conquest: The choice of them I commend 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 Pesse 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 Offi∣cers of the Kingdom, and by the Advice of the Judges, who are presu∣med to be well read in the condition of the Gentry of the whole King∣dom: 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 latter times, which hath lately crept into the Court (at the Back-stairs) that some who are prick'd for Sheriffs, and were fit, should get out of the Bill, and others who were neither thought upon, nor worthy to be, should be nomina∣ted, and both for money.

22. I must not omit to put you in mind of the Lords Lieutenants, and deputy Lieutenants, of the Counties: their proper use is for ordering the military 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 un∣der them, incroach not upon the Subject; that will detract much from the Kings 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 juris∣diction 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 Commissions with an eye of favour to their persons, to give them countenance or reputation in the places where they live, but for the Kings service sake; nor any put out for the dis-favour 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 the moderation of Justice on the Kings part. The execution of Justice is com∣mitted to his Judges; which seemeth tobe the severer part; but the milder

part, which is mercy, is wholly left in the Kings 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 easie, it draweth upon him contempt. Examples of Justice must be made some∣times for terrour 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 behove me to speak the more warily thereof.

28. For the institution of it, it is very antient in this Kingdom: It consisteth of the two Houses, of Peers and Commons, as the Members, and of the Kings Majesty, as the head of that great body; By the Kings Authority alone, and by his Writs, they are Assembled, and by him a∣lone are they Prorogued and Dissolved; but each House may Adjourn it self.

29. They being thus Assembled, are more properly a Councel to the King, the great Councel of the Kingdom, to advise his Majesty in those things of weight and difficulty, which concern both the King and Peo∣ple, then 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 presented to the two Houses, and then delivered, but nothing is conclu∣ded but by the Kings Royal assent; They are but Embryos, 'tis he giveth life unto them.

31. Yet the House of 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 Kings 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 po∣testas, as in making new Laws (in that conjuncture as before) but limi∣tata 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 Kingdom is very excellent; and they would be often called, as the affairs of the Kingdom shall re∣quire;

and continued as long as is necessary, and no longer; for then they be but burthens to the people, by reason of the priviledges justly due to the Members of the two Houses and their attendants, which their just rights and priviledges 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 popu∣larity.

34. All this while I have spoken concerning the Common Laws of England, generally, and properly 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 al∣though I am a professor of the Common Law, yet am I so much a lover of truth and of Learning, and of my native Countrey, that I do heartily perswade that the professors of that Law, called Civilians (because the Civil Law is their guide) should not be discountenanced nor discouraged; else whensoever we shall have ought to do with any forreign King or State, we shall be at a miserable loss, for want of Learned menin that profession.

III. I come now to the consideration of those things which concern Councellors of State, The Council Table, and the great Offices and Of∣ficers of the Kingdom, which are those who for the most part furnish out the honourable Board.

1. Of Councellors, there are two sorts: The first, Consiliarii nati, (as I may term them) such are the Prince of Wales, and others of the Kings Sons (when he hath more;) of these I speak not, for they are na∣turally born to be Councellors to the King, to learn the Art of Govern∣ing betimes.

2. But the ordinary sort of Councellors are such as the King, out of a due consideration of their worth and abilities, and withal, of their fi∣delities to his person and his Crown, calleth to be of Councel with him, in his ordinary Government. And the Councel 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 attendance; and he may dispence with their presence there, which at their own plea∣sure they may not do.

3. This being the quality of their service, you will easily judge what care the King should use, in his choice of them; It behoveth that they

be persons of great trust and fidelity, and also of wisdom and judgment, who shall thus assist in bearing up the Kings Throne; and of known ex∣perience in publick 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 not to be tied to so strict attendance, as the others from whom the present dispatch of business is expected.

5. I could wish that their number might not be so over great, the per∣sons of the Councellors would be the more venerable. And I know that Queen Elizabeth, in whose time I had the happiness to be born, and to live many years, was not so much observed, for having a numerous, as a wise Councel.

6. The duty of a Privy Councellor to a King, I conceive, is, not only to attend the Councel Board, at the times appointed, and there to consult of what shall be propounded; But also to study those things which may advance the Kings honour and safety, and the good of the Kingdom, and to communicate the same to the King, or to his fellow Councellors, as there shall be occasion. And this, sir, will concern you more then o∣thers, by how much you have a larger share in his affections.

7. And one thing I shall be bold to desire you to recommend to His Majesty: That when any new thing shall be propounded to be taken in∣to consideration, that no Councellor should suddenly deliver any posi∣tive opinion thereof; it is not so easie with all men to retract their o∣pinions, although 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 a∣gainst the next meeting.

8. When any matter of weight hath been debated, 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 Councellors not to be so free in their Debates in His Presence, as they would be in His Absence.

10. Besides the giving of Councel, the Councellors are bound by their Duties, Ex vi termini, as well as by their Oaths, to keep Councel; therefore are they called, De Privato Consilio Regis, & à secretiori∣bus Consiliis Regis.

11. One thing I add in the Negative, which is not fit for that Board, the entertaining of private Causes, of Meum & Tu∣um, those should be left to the ordinary course and Courts of Justice.

12. As there is great care to be used for the Councellors themselves to be chosen, so there is of the Clerks of the Councel also, for the secre∣ting 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 Councel, but by the Or∣der of the Board; nor any not being a Councellor, or a Clerk of the Councel, or his Clerk, to have access to the Councel-Books: And to that purpose, that the Servants attending the Clerks of the Councel, be bound to Secresie as well as their Masters.

13. For the great Offices and Officers of the Kingdom, I shall say little; for the most of them are such, as cannot well be severed from the Councellorship; 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 conceive it will be most convenient, to have some of every sort, (as in the time of Queen Eli∣zabeth it was) one Bishop at the least, in respect of questions touching Religion, or Church Government; one or more skilled in the Laws; some for Martial affairs; and some for I orreign affairs: By this mix∣ture, 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 dis∣cover them in end therein.

IV. In the next place, I shall put you in mind of Forreign Negotiati∣ons and Embassies, to or with Forreign 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 dayes of Queen Elizabeth, whom it will be no dis-reputation to follow: she did vary, according to the nature of the employment, the quality of the persons she employed; which is a good rule to go by.

2. If it were an Embassy of Gratulation or Ceremony (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 burthen to the Queens Coffers, for his own honours sake.

3. But if it were an Embassy of weight, concerning affairs of State, choice was made of some sad person of known judgment, wisdom and ex∣perience, and not of a young man, nor wayed in State-matters: nor of a meer formal man, whatsoever his title or outside were.

4. Yet in company of such, some young towardly Noblemen or Gentleman were usually sent also, as assistance or attendants, according to the quality of the persons; who might be thereby perpared and sit∣ted for the like imployment, by this means, at another turn.

5. In their company were always sent some garve and sad men, skil∣ful 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 assistance in private, but not trusted to manage the affairs in publick; that would decract from the honour of the Prin∣cipal Embassadour.

6. If the Negotiation were about Merchants affaires, then were the persons imployed 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 Society of Merchants, whom the Nego∣tiation concerneth.

7. If Legier Embassadors or Agents were sent to remain in or neer the Courts of those Princes or States (as it was ever held fit, to observe the motions, and to hold correspondency 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 place whither they were sent; and with these were sent such as were hopeful to be worthy of the like imployment at another time.

8. Their care was, to give true and timely Intelligence of all Occur∣rences, either to the Queen her self, or the Secretaries of State, unto whom they had their immediate relation.

9. Their charge was alwayes born by the Queen, duly paid out of the Exchequer, in such proportion, as, according to their qualities and places, might give them an honourable subsistence 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 burthen to the Queens Coffers or Revenues.

10. At their going forth, they had their general Instructions in wri∣ting, which might be communicated to the Ministers of that State, whi∣ther they were sent; and they had also private instructions upon par∣ticular occasions; and at their return, they did always render an account of some things to the Queen her self, of some things to the body of the Councel, and of some others to the Secretaries of State; who

made use of them, or communicated 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 Councellors, there were always sent forth, into several parts beyond the Seas, some young men, of whom good hopes were conceived of their towardliness, to be trained up, and made fit for such publick imployment, and to learn the Languages. 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 de∣serts did appear, so were they farther imployed or rewarded. This course I shall recommend unto you, to breed up a nursery of such publick 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 it please God to bless the Kingdome therewith, as for many years past he hath done: and,

1. I presume I shall not need to perswade you to the advancing of it; nor shall you need to perswade the King your Master therein, for that he hath hitherto been another Solomon, in this our Israel, and the Mot∣to which he hath chosen (Beati Pacifici) shews his own judgement: But 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 for it. Justice is the best Protector of it at home, and providence for war is the best preven∣tion of it from abroad.

4. Wars are either Forreign or Civil; for the Forreign war by the King upon some Neighbour Nation, 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 Scituation thereof had taught the King and People to setup their rests, and say, Ne plus ultra.

5. And for a war of invasion from abroad; only we must not be over-secure; thats the way to invite it.

6. But if we be always prepared to receive an enemy, if the ambi∣tion or malice of any should incite him, we may be very confident we shall long live in peace and quietness, without any attempts upon us.

7. To make the preparations hereunto the more assured: In the first place, I will recommend unto you the care of our out-work, the Navy Royal and Shipping of our Kingdome, which are the walls thereof:

and every great Ship is an impregnable fort, and our many safe and com∣modious Ports and Havens, in every of these Kingdoms, are as the re∣doubts 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 to∣gether; but there must be a great deal of Providence used, that our Ship-Timber be not unnecessarily wasted.

9. 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 foreseen, and laid up in store against a time of need, and not sought for when we are to use them: But we are much too 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 Burthen and Service both, no Nation in the World exceeds us: Ship-wrights, 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, the constant Trade of Merchandizing will furnish us at a need; and Navigable Rivers will repair the store, both to the Navy Royal, and to the Merchants, if they be set on work, and well payed for their Labour.

13. Sea-Captains, and Commanders, and other Officers, must be encouraged, and rise by Degrees, as their Fidelity and Industry deserve it.

14. Our strict League of Amity and Alliance with our near Neigh∣bour; the Hollanders, is a mutual strength to both; the shipping of both in conjuncture, being so powerful, by Gods blessing, as no Forrain∣ers will venture upon: This League and Friendship must inviolably be observed.

15. From Scotland we have had in sormer times some Alarms and Inro esinto the Northern parts of this Kingdom; but that happy Uni∣on of both Kingdoms under one Sovereign, our gracions 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 adven∣ture 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 Birth∣right: 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 blessing of God, but a Civil War, from which, God of his mercy defend us, as that which is most desperate of all others. The Kings Wisdom and Justice must pre∣vent 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, there∣fore it must be a fire within the bowels, or nothing, the cures whereof are these, Remedium praeveniens, which is the best physick, 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 Lieutenants in every County, and of the High Sheriff, will contribute much herein to our security.

18. But if that should not prevail, by a wise and timous Inquisition, the peccant humours and humorists must be discovered, and purged, or cut off; 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 mis-led multitude will see their error, and return to their obedience, such an ex∣tent of mercy is both honourable and profitable.

20. A King, against a storm, must fore-see, to have a convenient stock of treasure; and neither be without money, which is the sinewes of war, nor to depend upon the courtesie of others, which may fail at a pinch.

21. He must also have a Magazine of all sorts, which must be had from forreign parts, or provided at home, and to commit them to seve∣ral places, under the custody of trusty and faithful Ministers and Offi∣cers, if it be possible.

22. He must make choice of expert and able Commanders to conduct and manage the War, either against a forreign invasion, or a home re∣bellion; 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 mis-infor∣mation, or for the satisfying the humors or ambition of others, perhaps, out of envy, perhaps, out of treachery, or other sinister ends: A steddy hand, in governing of Military affairs, is more requisite then in times of peace, because an error committed in war, may, perhaps, prove irreme∣diable.

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 traiterous, or treacherous, who have mis-led others, severely

punish'd, and the neutrals, and false-hearted friends and followers, who have started aside like a broken bowe, 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 ena∣bleth the Subject of the Kingdom to live, and layeth a foundation to a forreign trade by traffique with others, which enableth them to live plentifully and happily.

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 Elizabeths dayes, it drained much Coyn of the Kingdom, to furnish us with Corn from Forrain Parts.

2. Good Husbands will find the means, by good Husbandry, to im∣prove 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 thereof, and en∣couraged in their Industries.

3. Planting of Orchards in a Soyl and Air fit for them, is very prosi∣table, as well as pleasurable: Sider and Perry are notable Beverage 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 Kitchin-Gardens, and that very properly.

5. The planting of Hop-yards, sowing of Woad, and Rape-seed, are sound very profitable, for the Planters, in places apt for them, and con∣sequently profitable for the Kingdom, which for divers years was fur∣nished with them from beyond the Seas.

6. The planting and preserving of Woods, especially of Timber, is not only profitable, but commendable, therewith to furnish posterity, both for building and shipping.

7. The Kingdom would be much improved, by draining of drowned lands, and gaining that in from the over-flowing of salt waters and the sea, and from fresh waters also.

8. And many of those grounds would be exceeding fit for Daries, which, being well houswived, are exceeding commodious.

9. Much good land might be gained from Forrests and Chases, more remote from the Kings access, and from other commonable places, so as always there be a due care taken, that the poor Commoners have no inju∣ry by such improvement.

10. The making of navigable Rivers should be profitable; they

would be as so many in-draughts of wealth, by conveying the commo∣dities with ease from place to place.

11. The planting of Hemp and Flax would be an unknown advantage to the Kingdom, many places therein being as apt for it, as any forreign parts.

12. But add hereunto, that it be converted into Linnen-cloth, or Cord∣age, the commodity thereof will be 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 great esteem: whereas, if the like Lace were made by the En∣glish, so much thred as would make a yard of Lace being put into that manufacture, would be five times, or perhaps, ten, or twenty times the value.

15. The breeding of cattel 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 inferiour to the horses of any other Kingdom.

16. The Minerals of the Kingdom, of Lead, Iron, Copper, and Tynn, especially, are of great value, 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 neigh∣bours, within half a days sail of us, with a good wind, can shew 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 Navie.

18. The Realm is much enriched, of late years, by the trade of Mer∣chandize which the English drive in Forreign parts; and, if it be wisely managed, it must of necessity very much increase the wealth thereof, care being taken, that the exportation exceed in value the importation, for then the ballance of trade must of necessity be returned into Coin, or Bullion.

19. This would easily be effected, if the Merchants were perswaded, or compelled, to make their returns in solid commodities, and not too much thereof invanity, tending to excess.

20. But especially care must be taken, that Monopolies, which are the Cankers of all trading, be not admitted, under specious colour of pub∣lick good.

21. To put all these into a regulation, if a constant Commission, to

men of honesty and understanding, 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 Councel-board; it is conceived, it would produce notable effects.

VII. The next thing is that of Colonies and forreign plantations, which are very necessary, as out-lets, to a populous Nation, and may be profitable also, if they be managed in a discreet way.

1. First, in the choice of the place, which requireth many circum∣stances; as, the scituation, neer the Sea, for the commodiousness of an intercourse with England; the temper of the air and climate, as may best agree with the bodies of the English, rather inclining to cold, then heat; that it be stored with Woods, Mines, and Fruits; which are natu∣rally in the place; that the soil be such as will probably be fruitful for Corn, and other conveniencies, and for breeding of Cattel; that it hath Ri∣vers, both for passage between place & 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 Adventives also: All which are likely to be found in the West-Indies.

2. It would be also such as is not already planted by the Subjects of any Christian Prince, or State, nor over-neerly neighbouring to their Plantation. And it would be more convenient, to be chosen by some of those Gentlemen or Merchants which move first in the work, then to be designed unto them from the King; for it must proceed from the op∣tion 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 a Vice-Roy; 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 sup∣plied by such Assistants as shall be joyned with him, or as he shall very well approve of.

4. As at their setting out they must have their Commission, or Let∣ters Pattents from the King, that so they may acknowledge their depen∣dency 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 perswaded (if not thereunto inclined of himself,

which were the best) to go thither as a Chancellor amongst them at first; and when the Plantations were more setled, 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 necessa∣ry, that it agree with that which is setled in England; else it will make a schism, and a rent, in Christs coat, which must be seamless; and, to that purpose, it will be fit, that by the Kings supream power in Causes Eccle∣siastical, within all his Dominions, they be subordinate under some Bish∣op and Bishoprick of this Realm.

8. For the better defence against a common Enemy, I think it would be best, that forreign Plantations should be placed in one Continent, and neer together; whereas, if they be too remote the one from the other, they will be dis-united, 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 cattel, &c. for food and necessary sustenance; and after, they may enlarge themselves for those things which may be for profit and pleasure, and to traffique withal also.

10. Woods for shipping, in the first place, may doubtless be there had, and minerals there found, perhaps of the richest; howsoever, the mines out of the fruits of the earth, and seas, and waters adjoyning, may be found in abundance.

11. In a short time they may build Vessels and Ships also, for traf∣fique with the parts near adjoyning, and with England also, from whence they may be furnished with such things as they may want, and in ex∣change or barter, send from thence other things, with which quickly, ei∣ther 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 Heretick, or Schismatick, be suf∣fered to go into those Countreys; 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 necessiries.

14. And that to regulate all these inconveniencies, which will insen∣sibly grow upon them, that the King be pleased to erect a subordinate

Councel 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 pro∣ceedings 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 Kings reasonable profit be not neglected, partly, upon reservation of moderate rents and services; and partly, upon Customes, and, partly upon importation and exportation of Merchandize: which, for a convenient time after the Plantation begin, would be very easie, to encourage the work; but, after it is well setled, may be raised to a con∣siderable proportion worthy the acceptation.

VIII. I come to the last of those things which I propounded, which is, the Court, and Curiality.

The other did properly concern the King, in his Royal capacity, as Pater patriae; this more properly, as Pater familias: And herein,

1. I shall, in a word, and but in a word only, put you in mind, That the King in his own person, both in respect of his Houshold, or Court, and in respect of his whole Kingdom, (for a little Kingdom is but as a great Houshold; and a great Houshold, as a little Kingdom) must be ex∣emplary, Regis ad exemplum, &c. But for this, God be praised, our charge is easie; for your gracious Master, for his Learning and Piety, Justice and Bounty, may be, and is, not only a president to his own sub∣jects, but to forreign Princes also; yet he is still but a man, and seasona∣ble Memento's may be useful; and, being discreetly used, cannot but take well with him.

2. But your greatest care must be, that the great men of his Court (for you must give me leave to be plain with you, for so is your injuncti∣on laid upon me) your self in the first place, who is first in the eye of all men, give no just cause of scandal, either by light, or vain, or by op∣pressive carriage.

3. The great Officers of the Kings Houshold had need be both dis∣creet and provident persons, both for his Honour, and for his Thrift; they must look both ways, else they are but half-sighted: Yet in the choice of them, there is more latitude left to affection, then in the choice of Councellors, and of the great Officers of State, before touched, which must always be made choice of meerly out of judgment, for in them the publick hath a great interest.

4. For the other ministerial Officers in Court (as, for distinction sake, they may be termed) there must be also an eye unto them, and upon them; they have usually risen in the Houshold by degrees, and it

is a noble way, to encourage faithful service: But the King must not bind himself to a necessity herein, for then it will be held ex debito; neither must he alter it, without an apparent ••••••use for it: but to dis∣place any who are in, upon displeasure, which for the most part hap∣peneth upon information of some great man, is, by all means, to be a∣voided, unless there be a manifest cause for it.

5. In these things you may sometimes interpose, to do just and good offices; but for the general, I should rather advise, meddle little, but leave the ordering of those Houshold affairs to the white-staffs which are those honourable Persons, to whom it properly belongeth, to be answer∣able to the King for it, and to those other Officers of the Green-cloth, who are subordinate to them, as a kind of Councel, and a Court of Justice also.

6. Yet for the Green-cloth Law, (take it in the largest sence) I have no opinion of it, further then it is regulated by the just Rules of the Common-Laws of England.

7. Towards the support of His Majesties own Table, and of the Princes, and of his necessary Officers, His Majesty hath a good help by purveyance, which justly is due unto him; and, if justly used, is no great burthen to the subject; but by the Purveyors, and other under-Of∣ficers, 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 manag'd, it would be no hard matter to settle it so through∣out 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 reward any of his ser∣vants with the benefit of forfeitures, either by Fines in the Court of Star-Chamber, or High Commission Court, 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 profitable, nor honourable.

10. Besides matters of serious consideration, in the Court 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 Enterludes; 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, then with costly and wasteful expences.

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, then in an effemi∣nate way to please themselves and others.

And now the Prince groweth up fast to be a 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 by any loose or flattering Parasites: The whole Kingdom hath a deep interest in his virtuous education; and if you, keeping that distance which is fit, do humbly interpose your self, 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 mispend the thrift of the Gamesters.

SIR, I shall trouble you no longer; I have run 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 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 Sentinal; if you sleep, or neglect your charge, you are an undone man, and you may fall much faster then you have risen.

I have but one thing more to mind you of, which nearly concerns your self; you serve a great and gracious Master, and there is a most hopeful young Prince, whom you must not desert; it behoves you to carry your self wisely and evenly between them both: adore not so the rising Son, that you forget the Father, who raised you 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 your self 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, which is the hearty prayer of,

Your most obliged, and devoted Servant.

Sir Francis Bacon, to Sir George Villiers, of Advice concern∣ing Ireland, from Gorambury to Windsor.

SIR,

BEcause I am uncertain whether His Majesty will put to a point some Resolutions touching Ireland, now at Windsor; I thought it my Duty to attend His Majesty by my Letter, and thereby to supply my Ab∣sence, for the renewing of some former Commissions for Ireland, and the framing of a new Commission for the Wards, and the Alienations, which appertain properly to me, as His Majesties Attorney, and have been accordingly referred by the Lords. I will undertake that they are pre∣pared with a greater care, and better application to His Majesties Service in that Kingdom, than heretofore they have been, and therefore of that I say no more. And for the Instructions of the new Deputy, they have been set down by the two Secretaries, and read to the Board, and being things of an ordinary nature, I do not see but they may pass. But there have been three Propositions and Councels, which have been stirred, which seem to me of very great importance, wherein I think my self bound to deliver to His Majesty my Advice and Opinion, if they should now come in question. The first is, touching the Recusant Magistrates of the Towns of Ireland, and the Commonalties themselves, and their Electors, what shall be done; which Consultation ariseth from the late Advertisements from the two Lord Justices, upon the instance of the two Towns Limrick and Kilkenny; in which Advertisements, they represent the Danger only, without giving any light for the Remedy; rather warily for themselves, than agreeable to their duties and places. In this point, I humbly pray His Majesty to remember, that the refusal is not of the Oath of Allegiance (which is not enacted in Ireland) but of the Oath of Supremacy, which cutteth deeper into matter of Conscience.

Also that His Majesty, will out of the depth of His Excellent Wisdom and providence, think, and as it were calculate with himself, whether time will make more for the Cause of Religion in Ireland, and be still more and more propitious; or whether differing remedies will not make the Case more difficult. For if time give His Majesty the advan∣tage, what needeth precipitation of extream remedies; but if the time will make the Case more desperate, then His Majesty cannot begin too soon. Now in my opinion, time will open and facilitate things for Re∣formation

of Religion there, and not shut up or lock out the same. For first, the plantations going on, and being principally of Protestants, can∣not but mate the other party in time. Also His Majesties care in placing good Bishops, and good Divines, in amplifying the Colledge there, and looking to the education of Wards, and such like; as they are the most natural means, so are they like to be the most effectual and happy, for the weeding out of Popery, without using the temporal sword, so that I think I may truly conclude, that the ripeness of time is not yet come.

Therefore my advice is, in all humbleness, that this hazardous course of proceeding to tender the Oath to the Magistrates of Towns, proceed not, but die by degrees. And yet to preserve the authority and repu∣tation of the former Councel, I would have somewhat done, which is, that there be a proceeding to seisure of liberties, but not by any act of power, but by quo Warranto, or Scire Facias, which is a legal course, and will be the work of three or four Terms; by which time the matter will be somewhat cool.

But I would not (in no case) that the proceeding should be with both the Towns which stand now in contempt, but with one of them only, choosing that which shall be most fit. For if His Majesty proceed with both, then all the Towns that are in the like case, will think it a com∣mon Cause, and that it is but their case to day, and their own to morrow. But if His Majesty proceed but with one, the apprehension and terror will not be so strong; for, they may think, it may be their case to be spared, as well as prosecuted. And this is the best Advice that I can give to His Majesty in this strait; and of this opinion seemed my Lord Chancellor to be.

The second Proposition is this; It may be, His Majesty will be moved to reduce the number of His Councel of Ireland (which is now almost fifty) to twenty, or the like number, in respect that the greatness of the number doth both imbase the Authority of the Councel, and divulge the business. Nevertheless, I hold this Proposition to be rather speci∣ous and solemn, than needful at this time; for certainly it will fill the State full of discontentment, which, in a growing and unsetled State, ought not to be. This I could wish, that His Majesty would appoint a select number of Councellors there, which might deal in the improve∣ment of His Revenue (being a thing not to pass through too many hands) and the said selected number should have dayes of sitting by themselves, at which the rest of the Councel should not be present; which being once setled, then other principal business of State may be handled at these sittings; and so the rest begin to be disused, and yet re∣tain their countenance without murmur or disgrace.

The third Proposition, as it is moved, seemeth to be pretty, if it can keep promise; for it is this, That a means may be found to re-enforce His Majesties Army by five hundred, or a thousand men, and that with∣out any Penny increase of charge. And the means should be, That there should be a Commandment of a local removing, and transferring some Companies from one Province to another, whereupon it is suppo∣sed, that many that are planted in House and Lands, will rather lose their entertainment, then remove; and thereby new men may have their Pay, yet the old be mingled in the Countrey for the strength thereof. In this Proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the Companies shall be stuffed with Novices (Tirones) instead of Veterani. I wish therefore, that this Proposition be well debated, before it be admitted. Thus having per∣formed that which Duty binds me to, I commend you to Gods best pre∣servation.

Your most devoted, and bounden Servant.

July 5. 1616.

Sir Francis Bacon, the Kings Attorney General, to the Master of the Horse, upon the sending of his Bill for Viscount, sc.

SIR,

I Send you the Bill for His Majesties Signature, reformed according to His Majesties amendments, both in the two places (which, I assure you, were altered with great judgment) and in the third place, which His Majesty termed a question only. But he is an idle body, that think∣eth His Majesty asketh an idle question; and therefore His Majesties questions are to be answered, by taking away the cause of the question, and not by replying.

For the name, His Majesties Will is a Law in those things; and to speak the truth, it is a well-sounding, and noble name, both here and a∣broad; and being your proper name, I will take it for a good sign, that you shall give honour to your dignity, and not your dignity to you. Therefore I have made it Viscount Villiers; and for your Barony, I will keep it for an Earldom. For though the other had been more orderly, yet that is as usual; and both alike good in Law.

For Ropers place, I would have it by all means dispatched, and there∣fore

I marvaile it lingreth. It were no good manners, to take the bu∣siness out of my Lord Treasurers hands; and therefore I purpose to write to his Lordship, if I hear not from him first, by Mr. Deckome; but if I hear of any delay, you will give me leave (especially since the King named me) to deal with Sir Joseph Roper my self; for neither I, nor my Lord Treasurer, can deserve any great thanks in this business of yours, considering the King hath spoken to Sir Jo. Roper, and he hath promised; and besides, the thing it self is so reasonable, as it ought to be as soon done, as said. I am now gotten into the Countrey to my house, where I have some little liberty, to think of that I would think of, and not of that which other men hourly break their head withal, as it was at London. Upon this you may conclude, that most of my thoughts are to His Majesty, and then you cannot be far off. God ever keep you, and prosper you. I rest always,

Your true, and most dutiful Servant.

The 5. of August, one of the happiest dayes.

Sir Francis Bacon, to Sir George Villiers, upon the sending his Pattent for Viscount Vil∣liers to be Signed.

SIR,

I Have sent you now your Patent, of Creation of Lord Bletchly of Bletchly, and of Viscount Villiers. Beltchly is your own, and I liked the sound of the name better then Whaddon; but the name will be hid, for you will be called Viscount Villiers. I have put them in a Patent; after the manner of the Patent for Earls, where Baronies are joyned; but the chief reason was, because I would avoid double prefaces, which had not been fit; nevertheless the Ceremony of Robing, and otherwise, must be double.

And now, because I am in the Countrey, I will send you some of my Countrey fruits, which with me are good Meditations, which, when I am in the City, are choked with business.

After that the King shall have watered your new Dignities, with the

bounty of the Lands which he intends you, and that some other things concerning your Means, which are now likewise in intention, shall be setled upon you; I do not see, but you may think your private Fortunes established; and therefore it is now time, that you should refer your Actions to the good of your Sovereign, and your Countrey. It is the life of an Oxe or Beast, alwayes to eat, and never exercise; but men are born (and specially Christian men) not to cramb in their Fortunes, but to exercise their Vertues; and yet the other hath been the unwor∣thy, and (thanks be to God) sometimes the unlucky humour of great Persons in our times: Neither will your future Fortune be the further off, for, assure your self, that Fortune is of a Womans nature, and will sooner follow by sleighting, than by too much wooing. And in this dedication of your self to the Publick, I recommend unto you principal∣ly, that which, I think, was never done since I was born; and which, because it is not done, hath bred almost a Wilderness and Solitude in the Kings Service; which is, That you countenance and encourage, and ad∣vance able men, in all kinds, degrees and professions. For in the time of the Cecils, the Father and the Son, able men were, by design, and of purpose, suppressed; and though of late, choice goeth better, both in Church and Commonwealth, yet money, and turn-serving, and cunning canvasses, and importunity, prevaileth too much. And, in places of moment, rather make able and honest men yours, than advance those that are otherwise, because they are yours. As for cunning and corrupt men, you must (I know) sometimes use them, but keep them at a distance; and let it appear rather, that you make use of them, than that they lead you. Above all, depend wholly (next unto God) upon the King, and be ruled (as hitherto you have been) by His Instructions, for that is best for your self. For the Kings care and thoughts for you, are according to the thoughts of a great King; whereas your thoughts con∣cerning your self, are, and ought to be, according to the thoughts of a modest man. But let me not weary you, the sum is, That you think Goodness the best part of Greatness; and that you remember whence your rising comes, and make return accordingly. God keep you.

August 12. 1616.

Sir Francis Bacon, to the King, about a Certifi∣cate of my Lord Coke's.

It may please Your Excellent Majesty,

I Send your Majesty, inclosed, my Lord Coke's answers; I will not call them rescripts, much less Oracles. They are of his own hand, and offered to me (as they are) in writing, not required by me to have them set down in writing, though I am glad of it, for my own discharge. I thought it my duty, as soon as I received them, instantly to send them to Your Majesty, and forbear, for the present, to speak further of them. I, for my part, (though this Muscovia-weather be a little too hard for my constitution) was ready to have waited upon Your Majesty this day, all respects set aside; but my Lord Treasurer, in respect of the sea∣son, and much other business, was willing to save me. I will onely con∣clude, touching these Papers, with a Text divided; I cannot say, Oportuit haec fieri, but I may say, Finis autem nondum. God preserve Your Majesty.

Your Majesties most humble, and devoted Subject and Servant.

Feb. 14. at 12. a Clock.

I humbly pray Your Majesty, to keep the Papers safe.

A Letter to the King, touching the Lord Chancellors place.

It may please Your most Excellent Majesty.

YOur worthy. Chancellour, I fear, goeth his last day. God hath hitherto used to weed out such Servants as grew not fit for Your Majesty; but now he hath gathered to himself a true sage, or salvia, out of Your Garden; But Your Majesties service must not be mortal.

Upon this heavy Accident, I pray Your Majesty in all humbleness and sincerity, to give me leave to use a few words. I must never forget, when I moved Your Majesty for the Attorneys place, it was your own sole act; more then that, Somerset, when he knew Your Majesty had resol∣ved it, thrust himself into the business for a Fee. And therefore I have no reason to pray to Saints.

I shall now again make oblation to your Majesty, first of my heart, then of my service, thirdly, of my place of Attorney (which I think is honestly worth 16000 l. pound per annum) and fourthly, of my place of the Star-Chamber, which is worth 1600 l. per annum, and with the fa∣vuor and countenance of a Chancellor, much more.

I hope I may be acquitted of presumption, if I think of it, both be∣cause my Father had the place, which is some civil inducement to my desire: And I pray God your Majesty may have twenty no worse years in your Greatness, then Queen Elizabeth had in her Model, (after my Fathers placing) and chiefly, because, if the Chancellors place went to the Law, it was ever conferred upon some of the Learned Councel, and never upon a Judge. For Audley was raised from K. Serjeant, my Fa∣ther from Attorney of the Wards, Bromley from Sollicitor, Puckering from Serjeant, Egerton from Master of the Rolls, having newly left the Attorneys place. Now I beseech Your Majesty, let me put you the present case, truly. If you take my Lord Coke, this will follow; first, Your Majesty shall put an over-ruling nature into an over-ruling place, which may breed an extream: Next, You shall blunt his industries in matter of financies, which seemeth to aime at another place. And lastly, popular men are no sure Mounters for Your Majesties Saddle. If you take my Lord Hubbart, you shall have a Judge at the upper end of Your Councel-board, and another at the lower end: Whereby Your Majesty will find your Prerogative pent. For though there should be emulation between them, yet as Legists they will agree, in magnifying that wherein they are best; He is no States-man, but an Occonomist, wholly for himself. So as Your Majesty (more then an outward form) will find little help in him, for the business. If you take my Lord of Canterbury, I will say no more, but the Chancellours place requires a whole man. And to have both Jurisdictions, Spiritual and Temporal, in that height, is sit but for a King.

For my self, I can only present Your Majesty with Gloria in obse∣quio: yet I dare promise, that if I sit in that place, Your business shall not make such short turns upon You, as it doth; but when a direction is once given, it shall be pursued and performed; and Your Majesty shall only be troubled with the true care of a King, which is, to think what You would have done in chief, and not how, for the passages.

I do presume also, in respect of my Fathers memory, and that I have been alwayes gracious in the Lower House, I have interest in the Gentle∣men of England, and shall be able to do some good effect, in rectifying that Body of Parliament-men, which is Cardo rerum. For let me

tell Your Majesty, that that part of the Chancellors place which is to Judge in equity, between party and party, that same Regnum judiciale (which since my Fathers time is but too much enlarged) concerneth Your Majesty least, more then the acquitting your Conscience for Justice. But it is the other part of a Moderator, amongst your Coun∣cel, of an Overseer over your Judges, of a planter of fit Justices, and Governors in the Country, that importeth your affairs and these times most.

I will add also, that I hope by my care, the inventive part of your Councel will be strengthned, who now commonly, do exercise rather their Judgements, then their inventions: And the inventive part com∣eth from projectors, and private men, which cannot be so well; In which kinde, my Lord of Salisbury had a good method, if his ends had been upright.

To conclude, if I were the man I would be, I should hope, that as Your Majesty hath of late wonne hearts by depressing; you should in this leese no hearts by advancing. For I see your people can better skill of Concretum, then Abstractum, and that the waves of their affec∣tions flow rather after persons, then things. So that acts of this nature (if this were one) do more good then twenty Bills of Grace.

If God call my Lord, the Warrants and Commissions which are re∣quisite for the taking the Seal, and for the working with it, and for the reviving of Warrants under his hand, which dye with him, and the like, shall be in readiness. And in this time presseth more, because it is the end of a Term, and almost the beginning of the Circuits: So that the Seal cannot stand still. But this may be done, as heretofore, by Com∣mission, till Your Majesty hath resolved of an Officer. God ever pre∣serve Your Majesty.

Your Majesties most humble Subject, and bounden Servant.

Febr. 12. 1615.

A Letter to the King, of my Lord Chancellors amendment, and the difference begun be∣tween the Chancery and Kings Bench.

It may please your most Excellent Majesty,

I Do find (God be thanked) a sensible amendment in my Lord Chan∣cellor, I was with him yesterday in private Conference about half an hour, and this day again, at such time as he did seal, which he endured well almost the space of an hour, though the vapour of the wax be of∣fensive to him. He is free from a Feaver, perfect in his powers of me∣mory and speech, and not hollow in his voice nor looks. He hath no panting, or labouring respiration, neither are his Coughs dry or weak. But whosoever thinketh his disease to be but Melancholy, maketh no true judgment of it; for it is plainly a formed and deep Cough, with a pectoral surcharge, so that at times, he doth almost animam agere. I forbear to advertise Your Majesty of the care I took to have Commissi∣oners in readiness, because Master Secretary Lake hath let me under∣stand he signified as much to Your Majesty. But I hope there shall be no use of them for this time.

And as I am glad to advertise Your Majesty of the amendment of Your Chancellors person, so I am sorry to accompany it with an adver∣tisement of the sickness of Your Chancery Court; though (by the Grace of God) that cure will be much easier than the other. It is true, I did lately write to Your Majesty, that for the matter of Habeas corpora (which was the third matter in Law you had given me in charge) I did think the communion of service between my Lord Chancellor, and my Lord Chief Justice, in the great business of examination, would so join them, as they would not square at this time. But pardon me (I humbly pray Your Majesty) if I have too reasonable thoughts. And yet that which happened the last day of the Term concerning certain Indictments, in the nature of Praemunire, preferred into the Kings Bench, but not found, is not so much as is noised abroad (though I must say, it was Omni tempore nimium, & hoc tempore alienum) And therefore I beseech Your Majesty, not to give any believing ear to Re∣ports, but to receive the Truth from me that am Your Attorney Gene∣ral, and ought to stand indifferent for Jurisdictions of all Courts; which account I cannot give Your Majesty now, because I was then absent, and some are now absent, which are properly and authentically to inform me,

touching that which passed. Neither let this any way disjoint Your other business; for there is a time for all things, and this very accident may be turned to good; not that I am of opinion, that that same cunning Maxim of Separa & Impera, which sometimes holdeth in persons, can well take place in Jurisdictions; but because some good occasion by this excess may be taken, to settle that which would have been more dange∣rous, if it had gone on by little and little. God preserve Your Majesty.

Your Majesties most humble Subject, and most bounden Servant.

Febr. 15. 1615.

Sir Francis Bacon, the Kings Attorney, to the King, giving some Account touching the Commendams.

It may please Your most Excellent Majesty,

I Am not swift to deliver anything to your Majesty, before it be well weighed. But now that I have informed my self of as much as is necessary, touching this proceeding of the Judges, to the Argument of the Commendams (notwithstanding your Majesties pleasure signified by me upon your Majesties 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 their failing therein; I begin to answer for the doing of Your Majesties Commandment, and they for the not doing.

I did conceive, that in a cause that concern'd Your Majesty and your Royal power, the Judges having heard your Attorney General argue the Saturday before, would of themselves have taken further time to be advised.

And (if I fail not in memory) my Lord Coke received from Your Majesties self, as I take it, a precedent commandment, in Hillary term; That both in the Rege inconsulto, and in the Commendams, your Attor∣ney should be heard to speak, and then stay to be made of further pro∣ceeding, till my Lord had spoken with your Majesty.

Nevertheless, hearing that the day appointed for the Judges Argument h••ld, contrary to my expectation, I sent on Thursday in the evening,

(having received Your Majesties Commandment but the day before, in the afternoon) a Letter to my Lord Coke, whereby I let him know, that upon some Report of my Lord of Winchester (who by Your Commandment was present at my Argument) of that which passed, it was Your Majesties express Pleasure, that no further proceeding should be, until Your Majesty had confer'd 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 signifie so much to the rest of the Judges, whereof his Lordship might not fail. His answer, by word, to my Man, was, That it were good the rest of the Judges understood so much from my self. Whereupon, I (that cannot skill in scruples, in matter of Service) did write on Friday, three seve∣ral Letters of like Content, to the Judges of the Common Pleas, and the Barons of the Exchequer, and the other three Judges of the Kings Bench, mentioning 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 Majesties great Cause (fol∣lowed by my Lord Hunsdon) I writ two other Letters to both the Chief Justices, to put them in mind of assisting my Lord Chancellor at the hearing. 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 my self, Your Majesty will maintain.

For if they should stand upon the general ground. Nulli negabimus, nulli differemus Justitiam, it receiveth two Answers. The one, that reasonable and mature advice may not be confounded with delay; and that they can well alledge, when it pleaseth them. The other, that there is a great difference between a Case meerly between Subject and Sub∣ject, and where the Kings interest is in question directly, or by conse∣quence. At for the Attorneys Place and Commission, it is as proper for him to signifie the Kings Pleasure to the Judges, as for the Secretary to signifie the same to the Privy Councel, and so hath it 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 Ma∣jesty hath fair occasions to remedy all with small aid. I say no more for the present.

I was a little plain with my Lord Coke in these matters; and when his answer was, That he knew all these things, I said, he could never profit too much, in knowing himself and his duty.

Sir Francis Bacon his Advertisement, touching an Holy War, to the Right Reverend Father in God, Lancelot Andrews, Lord Bishop of Winchester, and Councellor of Estate to His Majesty.

My Lord,

AMongst consolations, it is not the least, to represent a mans self like examples of calamity in others. For Example gives a quicker impression then Arguments; and besides, they certifie us of that which the Scripture also tendereth for satisfaction, That no new thing is hap∣pened 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 then our selves. For as it savoureth of vanity, to match our selves 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 my self, though, as a Christian, I have tasted (through Gods great goodness) of higher remedies. Having therefore, through the variety of my read∣ing, set before me many examples, both of ancient, and latter 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 Countreys; 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 remem∣brance 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 mans ambition of rising again, for that they were, every one of them, restored with great glory, but to their further ruine and destruction, ending in a violent death. The men were, De∣mosthenes, 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 further to observe, how they did bear their fortunes, and, principally, how they did imploy

their times, being banished, and disabled for publick business; to the end, that I might learn by them, and that they might be as well my Counsellors, as my Comsorters. Whereupon I happened to note, how diversly 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 softned and dejected, as he wrote nothing but a few womanish Episiles: And yet, in mine opinion, he had least reason of the three to be discouraged; for that although it was judged, and judg∣ed by the highest kind of judgement, 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 his repeal; yet his case, even then, had no great blot of igno∣miny, but it was thought but a tempest of Popularity which overthrew him. Demosthenes, contrary-wise, though his case was foul, being con∣demned for bribery, and not simple bribery, but bribery in the nature of Treason and disloyalty; yet, nevertheless, he took so little know∣ledge of his fortune, as, during his banishment, he did much busie him∣self, and intermeddle with matters of State, and took upon him to coun∣sel 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 con∣demned for many corruptions, and crimes, and banished into a solitary Island, kept a mean: for, though his Pen did not freeze, ye he abstained from intruding into matters of business; but spent his time in writing Books of excellent Arguments, and use for all Ages, though he might have made better choice, sometimes, of his Dedications.

These examples confirmed me much in a resolution (whereunto I was otherwise inclined) to spend my time wholy 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 ranks 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 judgement (Si nunquam fallit I∣mago) I may most esteem, I think to proceed in some few parts thereof. And although I have received, from many parts beyond the Seas, testi∣monies 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 much over mens heads: I have a purpose, there∣fore, (though I break the order of time) to draw it down to the sense, by some patterns of a Natural Story, and Inquisition. And again, for that my Books of Advancement of Learning may be some preparative,

or Key, for the better opening of the Instauration, because it exhibits a mixture of new conceipts, and old, whereas the Instauration gives the new unmixed, (otherwise then with some little aspersion of the old, for tastes sake,) I have thought to procure a Translation of that Book into the general Language, not without great and ample additions, and en∣richment thereof, especially in the second Book, which handleth the par∣tition of Sciences; in such sort, as, I hold it, may serve in lieu of the first part of the Instauration, and acquit my promise in that part. Again, because I cannot altogether desert the civil person that I have borne, (which, if I should forget, enough would remember) I have also en∣tred into a work touching Laws, propounding a Character of Justice in the middle Term, between the speculative and reverend discourses of Philosophers, and the writings of Lawyers, which are tied, and obnoxi∣ous to their particular Laws. And although it be true, that I had a pur∣pose to make a particular Digest, or re-compilement, of the Laws of mine own Nation; yet because it is a Work of assistance, and that that I cannot master, by my own forces and pen, I have laid it aside. Now ha∣ving in the work of my Instauration, had in contemplatiō the general good of men, in their very being, and dowries of nature; & in my work of Laws, the general good of men in Society, and the dowries of Government, I thought in duty I owed somewhat unto mine own Countrey, which I ever loved; insomuch, as although my place hath been far above my deserts, 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 Countrey service, it remained unto me to do it honour, which I have endeavoured to do, in my Work of the Reign of King Henry the Seventh. As for my Essayes, and some other particulars of that Nature, I count them but as the Recreations of my other Studies; and in that sort I purpose to continue them, though I am not ignorant, that those kind of Writings would, with less pains and embracement, per∣haps, yield more lustre and reputation to my Name, than those other which I have in hand. But I account the use that a man should seek, of the publishing of his own Writings before his death, to be but an untime∣ly anticipation of that which is proper to follow a man, and not to go a∣long with him.

But revolving with myself my Writings, as well those I have pub∣lished, 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, mixt of Religious and Civil Considerations; and likewise mixt between Contemplative and Active: For, who can

tell, whether there may not be an Exoriere aliquis? Great matters, (especially if they be Religious) have (many times) small begin∣nings, and the Plat-form may draw on the Building. This Work, be∣cause 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 especial Re∣verence.

Sir Francis Bacon, to the King, about the Pardon of the Parliaments Sentence.

Most gracious and dread Sovereign,

BEfore I make my Petition to your Majesty, I make my Prayers to God above, pectore ab imo, That if I have held anything so dear as your Majesties service, (nay) your hearts ease, and your honour, I may be repulsed with a denial. But if that hath been the principal with me, That God, who knoweth my heart, would move your Majesties royal heart to take compassion of me, and to grant my desire.

I prostrate my self at your Majesties feet; I, your ancient servant, now sixty four years old in age, and three years and five moneths old in misery: I desire not from your Majesty, means, nor place, nor imploy∣ment; but only, after so long a time of expiation, a compleat and total remission of the sentence of the Upper House, to the end that blot of ig∣nominy may be removed from me, and from my memory with posteri∣ty, that I die not a condemned man, but may be to your Majesty, as I am to God, Nova creatura. Your Majesty hath pardoned the like to Sir John Bennet, between whose case and mine, (not being partial to my self, but speaking out of the general opinion) there was as much diffe∣rence, I will not say, as between black and white, but as between black and gray, or ash-coloured. Look therefore down (dear Sovereign) upon me also in pity. I know, your Majesties heart is inscrutable for good∣ness; and my Lord of Buckingham was wont to tell me, you were the best natured man in the world; and it is Gods property, that those that he hath loved, he loveth to the end. Let your Majesties grace, in this my desire, stream down upon me, and let it be out of the fountain and spring-head, and ex mero motu, that living or dying, the print of the goodness of King James may be in my heart, and his praises in my mouth. This my most humble request granted may make me live a year

or two happily; and denied, will kill me quickly. But yet the last thing that will die in me, will be the heart and affection of

Your Majesties most humble; and true devoted servant,

Fr. St. Alban. July 30. 1624.

Sir Francis Bacon, to King James, of a Digest to be made of the Laws of England.

Most Excellent Sovereign,

AMongst the Degrees and Acts of Sovereign, or rather Heroical Honour, the first, or second, is the person and merit of a Law-gi∣ver. Princes that govern well are Fathers of the People: But if a Fa∣ther breed his Son well, and allow him well, while he liveth, but leave him nothing at his death, whereby both he, and his Children, and his Chil∣drens Children, may be the better, it is not in him compleat. 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 Countrey, they are but mor∣tal, and transitory benefactors. Domitian, a few days before he dyed, dreamed, that a golden Head did rise upon the Nape of his Neck; which was truly performed in the golden Age that followed his times, for five Successions. But Kings, by giving their Subjects good Laws, may, if they will, in their own time, join and graff this golden Head up∣on their own necks, after their death: Nay, they make Nabuchodono∣sors Image of Monarchy, golden from head to foot. And if any of the meaner sort of Politicks, that are sighted only to see the worst of things, think, That Laws are but Cobwebs, and that good Princes will do well without them, and bad will not stand much upon them; the dis∣course is neither good nor wise. For, certain it is, That good Laws are good Bridles to bad Princes, and as a very Wall about Government. And if Tyrants sometimes make a breach into them, yet they mollifie even Tyranny it self, as Solons 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 inferiour to this. Building of Temples, Tombs, Palaces,

Theatres, and the like, are honourable things, and look big upon Posteri∣ty: But Constantine the Great, gave the name well to those works, when he used to call Trajan, who was a great Builder, Parietarius, be∣cause his name was upon so many walls. So that, if that be the matter, that the King would turn Wall-flower, or Pelitory of the Wall, with cost he may. Adrians vein was better, for his mind was to wrastle a fall with Time; and being a great Progressor over all the Roman Em∣pire, when ever he found any decayes of Bridges, or High-wayes, or cuts of Rivers and Sewers, or Walls, or Banks, or the like, he gave sub∣stantial order for their Repair. He gave also multitudes of Charters and Liberties for the comfort of Corporations, and Companies in decay; so that his Bounty did strive with the ruines of time. But yet this, though it were an excellent disposition, went but, in effect, to the Cases and Shells of a Commonwealth; it was nothing to Virtue, or Vice. A bad man might indifferently take the benefit and ease of his Wayes and Bridges, as well as a good; and bad people might purchase good Chart∣ers. Surely the better works of perpetuity in Princes, are they that wash the inside of the Cup; such as are foundations of Colledges and Lectures, for learning, and education for youth; likewise foundations and institutions of Orders and Fraternities, for Nobleness, Enterprize and Obedience, and the like: But yet these also are but like Plantations of Orchards and Gardens in plats 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 make a whole Na∣tion to be as a well ordered Colledge or Foundation.

This kind of work, in the memory of time, is rare enough to shew it excellent; and yet not so rare, as to make it suspected for impossible, inconvenient, and unsafe. Moses, that gave Laws to the Hebrews, be∣cause he was the scribe of God himself, is fitter to be named for Honours sake to other Law-givers, then to be numbred and ranked amongst them. Minos, Lycurgus, and Solon, are examples for Themes of Grammar-Scholars. 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 trivilal things are many tmies the best, and rather despised upon pride, because they are vulgar, then upon cause or use. Cer∣tain it is, that the Laws of those three Law-givers had great prerogatives; the first, of fame, because they were the pattern among the Grecians; the second, of lasting, for they continued longest without alteration; the third, a spirit of reviver, to be often expired; and often restored.

Amongst the seven Kings of Rome, there were four Law-givers: For it is most true that a Discourse of Italy saith, There was never State so

well swadled in the infancy, as the Roman was, by the vertue of their first Kings; which was a principal cause of the wonderful growth of that State in after-times.

The Decemvirs Laws were Laws upon Laws, not the Original; For they graffed Laws of Graecia upon the Roman stock of Laws and Cus∣toms: But such was their success, as the twelve Tables which they com∣piled were the main body of the Laws which framed and welded the great Body of that State. They lasted a long time, with some supple∣mentals, and the Pretorian Edicts in Albo, which were, in respect of Laws, as Writing-tables in respect of Brass, the one to be put in and out, as the other is permanent. Lucius Cornelius Sylla reformed the Laws of Rome: For that man had three singularities, which never Tyrant had but he; That he was a Law-giver; that he took part with 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 other∣wise, he relied upon new men; and for resigning his power, Seneca de∣scribeth him right, Caesar gladium cito condidit, nunquam posuit: And himself took it upon him, saying in scorn, of Sylla's resignation, Sylla nescivit liter as, dictare non potuit. But, for the part of a Law-giver, Cicero giveth him the Attribute, Caesar, si ab eo quaereretur quid egisset in Toga, leges se, respondisset, multas & praeclar as tulisse. His Nephew Augustus did tread the same steps, but with deeper print, because of his long Reign in peace; whereof one of the Poets of his time, saith.

Pace data terris, animum ad Civilia vertit; Jura suum legesque tulit justissimus Author.

From that time, there was such a race of Wit and Authority, be∣tween the Commentaries and Decisions of the Lawyers, and the Edicts of the Emperours, as both Laws and Lawyers were out of breath: whereupon Justinian, in the end, re-compiled both, and made a Body of Laws, such as might be wielded, which himself calleth glorious, and yet not above truth; the edifice or structure of a sacred Temple of Justice, built indeed out of the former ruines of Books, as materials, and some novel constitutions of his own.

In Athens they had sex viri, as AEschines observeth, which were standing Commissioners; who did watch to discern what Laws were un∣proper for the times, and what new Law did, in any branch, cross a former Law, and so, ex officio, propounded their Repeal.

King Edgar collected the Laws of this Kingdom, and gave them a

strength of a Faggot bound, which formerly were dispersed; which was more glory to him, than his sailing about this Island with a great Fleet; for that was, as the Scripture saith, Via Navis in Mari, it vanished; but this lasteth.

Alphonso the Wise, the Ninth of that Name, King of Castile, com∣piled the Digest of the Laws of Spain, intituled, The six Partidas; an excellent Work, which he finished in seven years: And, as Tacitus no∣teth well, That the Capitol, though built in the beginnings of Rome, yet was sit 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 the Eleventh had in his mind, though he performed it not, to have made one constant Law of France, extracted out of the Civil Ro∣man Law, and the Customes of Provinces, which are various, and the Kings Edicts, which with the French are Statutes. Surely he might have done well, if, like as he brought the Crown (as he said himself) hors de Page, so he had brought his people from Lacquay, not to run up and down for their Laws, to the Civil Law, and the Ordinances of Courts, and Discourses of Philosophers, as they use to do.

King Henry the Eighth, in the Twenty seventh year of his Reign, was authorized by Parliament to nominate Thirty two Commoners, part Ecclesiastical, part Temporal, to purge the Common 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, then either well grounded, or well pursued. But I doubt I err, in producing so many examples: for, as Cicero, said to Caesar, so may I say to Your Majesty, Nil vulgare, te dignum videri possit, though, indeed, this, well understood, is far from vulgar; for that the Laws of both Kingdoms and States have been, like buildings, of many pieces, and patched up, from time to time, according to occasions, with∣out frame or model.

Now for the Laws of England, if I shall speak my opinion of them, without partiality, either to my profession, or Countrey, for the matter and nature of them, I hold them wise, just, and Moderate Laws; they give to God, they give to Caesar, they give to the Subject, what apper∣taineth. It is true, they are as mixt as our Language, compounded of British, Roman, Saxon, Danish, Norman customs; and surely, as our Language, is thereby so much the richer, so our Laws are likewise, by that mixture, the more compleat. Neither both this attribute the less to them, then those that would have them to stand out the same, in all mutations. For no tree is so good first set, as by transplanting and graf∣fing.

I remember what happened to Calisthenes, that followed Alex∣ders Court, and was grown into some displeasure with him, because he could not well brook the Persian adoration: At a Supper (which with the Grecians was a great part) 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 flat∣tery, and with such life, as was applauded by the Hearers. The King was the less pleased with it, not loving the man, and by way of discoun∣tenance, said, It was easie to be a good Orator in a pleasing Theme: But, saith he to him, turn your stile, and tell us now of our faults, that we may have the profit, and not 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 extreams iu this Subject of the Laws of England: I have commended them before for the matter; but surely, they ask much amendment for the Form; which, to reduce and perfect, I hold to be one of the greatest Dowries that can be conferred upon this Kingdom; which Work, for the Excellency, as it is worthy Your Ma∣jesties Acts and Times, so it hath some Circumstance of propri∣ety 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 interessed in the care of future times, that as well their Progeny as their people may participate of their merit. Your Majesty is a great Master in Justice, and Judicature, and it were pity, the fruit of that your vertue 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, that the less learned time hath sometimes wrought upon the more Learned, which now will not be so. As for my self, the Law was my profession, to which I am a debtor; some little help I have of my Arts, which may give form to matter; and I have now by Gods merciful chastisement, and by his special providence, time and leasure 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 I performed the first (which rested but upon my self) in some part.

And I do in all humbleness renew the offer of this Letter (which will require help and assistance) to Your Majesty, if it shall stand with your good pleasure to imploy my service therein.

Sir Francis Bacon, to the Right Honourable his very good Lord, 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, Common speech, as if I had been false or unthankful, to that noble, but unfortunate Earl, the Earl of Essex: and for satisfying the vulgar sort, I do not so much re∣gard it; though I love a good name; but yet as a hand-maid and at∣tendant of honesty and vertue. For I am of his opinion, that said pleasantly, that it was a shame to him that was a Suitor to the Mi∣stress, to make Love to the Waiting-woman. And therefore, to Wooe or Court common fame, otherwise then it followeth upon honest cour∣ses, I, for my part, find not my self fit nor disposed. But on the o∣therside, there is no worldly thing that concerneth my self, which I hold more dear, then the good opinion of certain persons, amongst which there is none I would more willingly give satisfaction unto, then 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 shew your self to me an ho∣nourable friend; and so no baseness in me to seek to satisfie 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 proceeding, was done in my duty and service to the Queen, and her State; in which I would not shew my self falshearted nor faint-hearted, for any mans sake alive. For every honest man, that hath his heart well planted, will forsake his King, rather than forsake God; and forsake his Friends, 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 his degrees; else the Heathen saying, amicus usque ad aras, shall jndge them: and if any man shall say, that I did officiously intrude my self into that bu∣siness, because I had no ordinary place; the like may be said of all the business, in effect, that passed the hands of the learned Councel either

of State or Revenue, 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 man∣ner of the choicest Princes before her, did not always tye her trust to place, but did sometimes divide private favour from office. And I, for my part, though I was not unseen in the world, but I knew the con∣dition was subject to envie and peril; yet because I knew, again, she was constant in her favours, and made an end where she began; and e∣specially, because she upheld me with extraordinary access, and other demonstrations, confidence and Grace, I resolved to endure it in ex∣pectation 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 So∣vereign, and to my Countrey, and to that Nobleman who had so well deserved of me, and so well accepted of my deservings; whose for∣tune I cannot remember without much grief. But for any action of mine towards him, there is nothing that passed me in my life-time 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 adventured my Fortune with the Queen, to have redintegrated his; and so continued faithfully and industriously, till his last fatal impatience (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 upon 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 much which makes for me, upon 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 Gods 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 my 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 Countrey more then was answerable to my For∣tune; and I held, at that time, my Lord to be the fittest instrument to do good to the State: and therefore I applied my self wholly to him,

in a manner, which I think happeneth rarely amongst men. For I did not only labour carefully and industriously in that he set me about, whe∣ther it were matter of advice, or otherwise; but neglecting the Queens Service, mine own Fortune, and in a sort, my Vocation, I did nothing but devise and ruminate with my self, to the best of my understanding, Propositions and Memorials of any thing that might concern his Lord∣ships Honour, Fortune or Service. And when, not long after I entred into this course, my Brother, Mr. Anthony Bacon, came from beyond the Seas, being a Gentleman, whose abilities the World taketh know∣ledge of, for matter of State, specially Forreign, I did likewise knit his Service to be at my Lords disposing. And, on the other side, I must, and will ever acknowledge my Lords love, trust and favour towards me; and last of all, his liberality, having enfeoffed me of land which I sold for 1800 l. to Mr. Reynold Nicholas, and I think was more worth, and that at 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 will not be short in commemoration of his benefits, I will presume to trouble your Lordship with the relating to you the manner of it.

After the Queen had denied me the Sollicitors 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 Twilknam Park, and 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 you have chosen me for your mean and depen∣dance; you have spent your time and thoughts in my matters: I die (these were the very words) if I do not somewhat towards your For∣tune; 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 Lordships 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 bound numbers of persons to him: Now, my Lord (said I) I would not have you imitate this course, nor turn your state thus by greatest gifts into obligations, for you will find many bad Debtors. He bade me take no care for that, and pressed it; whereupon I said, I see my Lord, that I must be your Homager, and hold land of your gift; but do you know the manner of doing Homage in Law? alwayes it is with a saving of his faith to 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 sa∣vings;

and, if I grow to be a rich man, you will give me leave to give it back a gain to some of your un-rewarded followers.

But to return: Sure I am, (though I can arrogate nothing to my self, but that I was a faithful Remembrancer to your Lordship) that while I had most credit with him, his fortune went on best; and yet in too many points we always directly, and condradictorily differed; which I will mention to your Lordship, because it giveth light to all that followed. The one was, I alwayes set this down, That the only course to be held with the Queen, was, by obsequiousness and observance; and I remember, I would usually gage confidently, that if he would take that course constantly, and with choice of good particulars to express it, the Queen would be brought in time to Ahasuerus Question, to ask, What should be done to the man that the King would honour? meaning, that her goodness was without limit, where there was a true concurrence, which I knew in her nature to be true: My Lord, on the other side, had a setled opinion, that the Queen should be brought to nothing, but by a kind of necessity and authority; and I well remember, when by violent Courses at any time he had got his Will, he would ask me; Now Sir, whose Principles be true? and I would again say to him, My Lord, these Courses be like to hot waters, they will help at a pang, but if you use them, you shall spoil the stomack, and you shall be fain still to make them stronger and stronger, and yet in the end they will lose their operation; with much other variety wherewith I used to touch that string. Another point was, That I alwayes vehemently perswaded him from seeking great∣ness by a Military dependance, or by a Popular dependance, as that which would breed in the Queen, Jealousie; in himself, Presumption, and in the State, Perturbation; and I did usually compare them to Icarus two wings, which were joined on with wax, and would make him venture to soar too high, and then fail him at the height. And I would further say unto him, My Lord stand upon two feet, and flie not upon two wings. The two feet are the two kinds of Justice, commutative and distributive; use your greatness, for advancing of merit and vertue, and relieving wrongs and burthens, you shall need no other art of sineness; but he would tell me, that opinion came not from my mind, but from my robe. But it is very true, that I that never meant to enthrall my self to my Lord of Essex, nor any other man, more than stood with the publick good; did (though I could little prevail) divert him by all means possible from Courses of the Wars and Popularity: for I saw plainly, the Queen must either live or dye; if she lived, then the times would be, as in the declination of an old Prince; if she died, the times would be, as in the beginning of a new; and that if his Lordship did rise too fast in these

Courses, the times might be dangerous for him, and he for them. Nay, I remember I was thus plain with him upon his Voyage to the Islands, when I saw every spring put forth such actions of charge and provocati∣on, that I said to him, My Lord, when I came first to you, I took you for a Physitian that desired to cure the diseases of the State; but now I doubt you will be like to those Physitians which can be content to keep their Patients long, because they would alwayes be in request: which plainness he nevertheless took very well; as he had an excellent care, and was patientissimus veri, and assured me the case of the Realm required it; and I think this speech of mine, and the like renewed afterwards, pricked him to write that Apology which is in many mens hands.

But this dfference 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 my self, so as I was not called, nor advised with, for some year and a half before his Lordships going into Ireland, as in former time; yet nevertheless touching his going into Ireland, it pleased him expresly, and in a set manner, to desire mine opinion, and Counsel; at which time I did not only disswade, but protest against his going, telling him, with as much vehemency and asseveration as I could, that absence in that kind would exulcerate the Queens mind, whereby it would not be possible for him to carry himself so, as to give her suffi∣cient contentment, not for her to carry herself so, as to give him suffi∣cient 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 al∣so upon tbe difficulty of the action, setting before him out of Histories, that the Irish was such an enemy, as the ancient Gaules or Britains, or Germans were, and that we saw how the Romans who had such Dis∣cipline to govern their Souldiers, 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 felicities only in liberty, and the sharpness of their Sword, and had the natural and elemental advantages of Woods and Boggs, 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 name; other reasons I used, so as I am sure, I never in any thing in my life-time, 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 ruine might have been prevented.

After my Lords going I saw how true a Prophet I was, in regard of the evident alteration which naturally succeeded in the Queens minde, and thereupon I was still in watch to find the best occasion, that, in the weakness 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, me thought I saw some overture thereof, which I apprehended readily; a particularity which I think to be known to very few, and the which I do the rather relate to your Lordship, because I hear it should be talked, that while my Lord was in Ireland, I revealed some matter against him, or I cannot tell what; which if it were not a meer slander, as the rest is, but had any, though never so little colour, was surely upon this occasion. The Queen one day being at Non-such, a little, (as I remember) before Cuffers com∣ing over, where I attended her, shewed a passionate distaste of my Lords 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 less, so to fall into the like speech with me; whereupon I that was still awake, and true to my grounds which I thought surest for my Lords good, said to this effect: Madam, I know not the particulars of Estate, and I know this, that Princes occasions must have no abrupt periods or conclusions; but otherwise, I 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 your self, and for an honour and ornament to your attendance and Court, in the eyes of your people, and in the eyes of Forreign Ambassadors, then were he in his right Ele∣ment: 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 comber∣some and unruly. And therefore, if you would imponere bonam clau∣sulam, and send for him, and satisfie him with Honour here near you, if your Affairs (which as I have said) I am not acquainted with, will per∣mit it, I think were the best way; which course, your Lordship knoweth, if it had been taken, then all had been well; and no contempt in my Lords coming over, nor continuance of these jealousies which that im∣ployment 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 Queens Licence: this was at Non-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 my 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 happily cause a showr; if downward, 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 admonish you (as I have been by your Lordship, thought, and now your question imports the continu∣ance of that opinion) observe three points. First, make not this cessa∣tion 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 fortu∣nate; next, represent not to the Queen any necessity of State, whereby, as by a coertion or wrentch, she should think her self enforced to send you back into Ireland; but leave it to her. Thirdly, seek access, im∣portune, opportune, seriously, sportingly, every way. I remember, my Lord was willing to hear me, but spake very few words, and shaked his head sometimes, as if he thought he was in the wrong; but sure I am, he did just contrary in every one of these three points. After this, during the while my Lord was committed to my Lord Keepers, I came divers times to the Queen, as I had used to do, about cause of Her Revenue and Law business, as is well known: by reason of which accesses, accor∣ding to the ordinary charities of Court, it was 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 wayes from her 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 Cecill, that one time, in his house, at the Savoy, he dealt with me directly; and said to me, Cousin, I hear it, but I believe it not, that you should do some ill office to my Lord of Essex; for my part, I am meerly 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 with any one living; the Queen indeed is my Sovereign, and I am her crea∣ture; I may not lose her; and the same Course I would wish you to take; whereupon, I satisfied him how sarre I was from any such minde. And, as sometimes it comes to passe, that mens Inclinations are opened more in a Toy, than in a serious matter: A little before that time, being about the middle of Michaelmass Term, her Majesty had a purpose to dine at my lodg∣ing at Twitnam Park, at which time I had (though I prosess not to be a Poet) prepared a Sonnet, directly tending to draw on her Majesties reconcilement to my Lord, which I remember also I shewed to a great person, and one of my Lords nearest friends who commended it: this

though it be (as I said) but a toy, yet it shewed plainly in what spirit I proceeded, and that I was ready not only to do my Lord good offices, but to publish and declare my self 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 my self to be the Messenger; for as to the for∣mer, I feared not to alledge to her, that this proceeding towards my Lord was a thing towards the people very implausible; and therefore wished Her Majesty, howsoever she did, yet to discharge her self, and to lay it upon others; and therefore that she should intermixt her proceeding with some immediate graces from her self, that the world might take knowledge of her Princely nature and goodness, lest it should alienate the hearts of her people from her; which I did stand upon, knowing very well that if she once relented, to send or visit, those demonstrati∣ons would prove matter of substance for my Lords good: And to draw that imployment upon my self, I advised her Majesty, that when soever God should move her to turn the light of her favour towards my Lord, to make signification to him thereof; that Her Majesty, if she did it not in person, would at the least use some such mean as might not intitle themselves to any part of the thanks, as persons that were thought mighty with her, to work her, or to bring her about; but to use some such as could not be thought but a meer Conduct of her own goodness; but I could never prevaile with her, though I am perswaded she saw plainly whereat I levelled; but she had me in jealousie that I was not hers entirely, but still had inward and deep respects towards my Lord, more then stood at that time with her will and pleasure.

About the same time, I remember an answer of mine in a matter which had some affinity with my Lords Cause; which, though it grew from me, went after about in others names; for her Majesty being mightily incensed with that Book which was dedicated to my Lord of Essex, being a story of the first year of King Henry the fourth, think∣ing it a seditious prelude to put into the peoples heads boldness and fa∣ction, said, she had an opinion there was treason in it, and asked me if I could not finde any places in it that might be drawn within Case of Treason: Whereto I answered; for treason, sure I found none; but for felony, very many. And when her Majesty hastily asked me, wherein? I told her, the Author had committed very apparent theft; for he had taken most of the sentences of Cornelius Tacitus, and translated them into English, and put them into his text. And another time, when the Queen could not be perswaded that it was his writing whose name was to it, but that it had some more mischievous Author, and said with

great indignation, that she would have him racked to produce his Au thor; I replied, Nay, Madam, he is a Doctor, never rack his per∣son, but rack his stile; let him have pen, Ink, and paper, and help of books, and be enjoyned to continue the story where it breaketh off, and I will undertake, by collating the stiles, to judge whether he were the Author, or no. But for the main matter, sure I am, when the Queen at any time asked my opinion of my Lords Case, I ever, in one tenour, said unto her, that they were faults which the Law might term Contempts, because they were the transgression of her particular directions and Instructions: but then, what defence may be made of them in regard of the great Interest the person had in Her Majesties fa∣vour, in regard of the greatness of his place, and the ampleness of his Commission, in regard of the nature of the business, being action of war, which in common cases cannot be tyed to strictness of Instructions, in regard of the distance of the place; having also a Sea between his demands and Her Commands; must be subject to wind and weather, in regard of a Councel of State of Ireland, which he had at his beck to a∣vow his actions upon; and lastly, in regard of a good Intention that he might alledge for himself, which, I told her, in some religions, was held to be a sufficient dispensation for Gods Commandments, much more for Princes: In all these regards I besought her Majesty to be ad∣vised again and again, how she brought the Cause into any publick que∣stion: Nay, I went further, 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 pass'd them both, which was, the pity and be∣nevolence of his hearers; and therefore when he should come to answer for himself, I doubted his words would have so unequal passage above theirs that should charge him, as would not be for her Majesties ho∣nour, 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 discontent; But this I will never deny, that I did shew no appro∣bation generally of his being sent back again into Ireland, both because it would have carried a repugnancy with my former discourse, and be∣cause I was in mine own heart fully perswaded, that it was not good, nei∣ther for the Queen, nor for the State, nor for himself; and yet I did not disswade it neither, but left it ever as locus lubricus. For this per∣ticularitie I do well remember, that after your Lordship was named for the place in Ireland, and not long before your going, it pleased her Ma∣jesty at Whitehall, to speak to me of that nomination: at which time I said to her, Surely Madam, if you mean not to imploy my Lord of

Essex thither again, your Majesty cannot make a better choice; and was going on to shew some reason, and her Majesty interrupted me swith great passion; 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 or the good of the State. Immediately after the Queen had thought of a Course (which was also executed) to have somewhat pub∣lished in the Star-Chamber, for the satisfaction of the World, touch∣ing 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 ut∣terly against it, and told her plainly, That the People would say, that my Lord was wounded upon his back, and that Justice had her balance taken from her, which ever consisted of an accusation and defence, with many other quick and significant terms to that pur∣pose; insomuch, that I remember, I said, that my Lord, in foro famae, was too hard for her; and therefore wish'd 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 Christmass, Lent, and Easter-Term following, though I came divers times to her upon Law-businesses, yet methought her face and manner was not so clear and open to me, as it was at the first: And she did di∣rectly charge me that I was absent that day at the Star-Chamber, which was very true; but I alledged some indisposition of body to excuse it; and during all the time aforesaid, there was altum silen∣tium, from her to me, touching my Lord of Essex causes. 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 proceeding in the Star-Chamber had done no good, but rather kindled factious bruits (as she termed them) then quenched them, and therefore that she was determined now, for the satisfaction of the world, to pro∣ceed against my Lord in the Star-Chamber by an Information ore tenus, and to have my Lord brought to his Answer: howbeit, she said she would assure me, that whatsoever she did, should be towards my Lord, ad castigationem, & 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 to speak to you in this Argument, I must speake to you as frier Bacon's head spake, that said; first, Time is, and then Time was, and Time would never be; for certainly (said I) it is now farr too late, the matter is cold, and hath taken too much wind; whereat she

seemed again offended, and rose from me, and that resolution for a while continued; and after in the beginning of Midsomer Term, I at∣tending her, and finding her setled 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 sleightly, Why, Madam, if you will needs have a Proceeding, you were best have it in some such sort, as Ovid spake of his Mistress, Est aliquid luce patente mi∣nus; to make a Councel-table matter of it, and end; which speech again she seemed to take in ill part, but yet I think it did good for that time, and help't to divert that Cause of Proceeding by Infor∣mation in the Star-Chamber: Nevertheless, afterwards it pleased her to make a more solemn matter of the Proceeding, and some few dayes after, when order was given that the matter should be heard at York-House, before an Assembly of Councellors, Peers and Judges, and some Audience of men of Quality to be admitted; then did some principal Councellors send for us of the learned Councel, and notifie her Majesties Pleasure unto us; save that it was said to me openly, by some one of them, That her Majesty was not yet resolved whether she would have me forborn in the business or no. And hereupon might arise that other sinister and untrue speech that I hear is raised of me, how I 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 occa∣sion I had given her both of distaste and distrust in crossing her disposition, by standing stedfast for my Lord of Essex, and suspect∣ing it also to be a stratagem arising from some particular emulation, I writ to her two or three words of Complement, 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 obligati∣on towards him, I should reckon it for one of her highest Favours; but otherwise desiring her Majesty to think that I knew the degrees of Duties, and that no particular obligation whatsoever to any Sub∣ject, 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 I made, being a respect no man that had his wits could have omit∣ted; but nevertheless, I had a further reach in it; for I judged that dayes work would be a full period of any bitterness or harsh∣ness between the Queen and my Lord; and therefore if I declared my self 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, whereby to do my Lord Service.

Hereupon, the next news that I heard was, that we were all sent for again, and that her Majesties pleasure was, we should have all parts in the business; and the Lords falling into distribution of our parts, it was al∣lotted to me that I should set forth some undutiful 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 H. 4. 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 therefore 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 shew, that because 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 Con∣science little satisfied, because I knew well a man were better to be Charged with some faults, then admonished of some others: yet the Conclusion binding upon the Queens pleasure directly, volens nolens, I could not avoid that part that was laid upon me; which part, if in the delivery I did handle not tenderly (though no man before me did in so clear terms free my Lord from all disloyalty as I did) that your Lordship knoweth must be ascribed to the superiour duty I did owe to the Queens fame and honour in a publick proceeding; and partly, to the intention I had to uphold my self in credit and strength with the Queen, the bet∣ter to be able to do my Lord good offices afterwards; for assoon as this day was past, I lost no time, but the very next day following (as I re∣member) I attended her Majesty, fully resolved to try and put in use my utmost endeavour, so far as I in my weakness could give fur∣therance, to bring my Lord speedily again into Court, and into fa∣vour; 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 on is, over fame; the other is, o∣ver a great minde; for surely the world is now, I hope, reasona∣bly well satisfied; and for my Lord, he did shew that humiliation to∣wards Your Majesty, as I am perswaded he was never in his life time more fit for Your Majesties favour then he is now: therefore if your Majesty will not marr it by lingring, 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 Proceeding should be ad reparationem, and not ad ruinam; as who saith, that now is the time I should plain∣ly perceive that that saying of hers should prove true. And fur∣ther, she willed me to set down in writing all that passed that day; I obeyed her Commandment, and within some few dayes 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 Lords own Answer (which was my principal care) I do well bear in mind that she was extraordinarily moved with it, with kindness and relenting towards my Lord, and told me afterwards, (speaking how well I had expressed my Lords part) that she per∣ceived old love would not be forgotten: Whereunto I answered suddenly, that I hoped she meant that by her self. But in Con∣clusion, I did advise her, that now she had taken a represen∣tation of the matter to her self, that she would let it go no further: (for, Madam, said I) the Fire blazeth well already, what should you tumble it? And besides, it may please you keep a conveniency 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 ad∣mit to be done Judicially? 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 Non-such and Oatland, I made it my task and scope to take and give occasi∣ons for my Lords redintegration in his Fortunes. Which my inten∣tion I did also signifie to my Lord, as soon as ever he was at Liber∣ty; whereby I might without peril of the Queens indignation write to him; and having received from his Lordship a courteous and lo∣ving acceptation 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 adver∣tisement, what I found, and what I wished. And I drew for him, by his appointment, some Letters to her Majesty, which though I

knew well his Lordships gift and stile was far better then mine own, yet because he required it, alledging, that by his long restraint he was grown almost a stranger to the Queens present conceipts, I was ready to perform it; and sure I am, that for the space of six weeks, or two moneths, it prospered so well, as I expected continually his restoring to his attendance. And I was never better welcome to the Queen, nor more made of, then 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 forwards? And I told her Majesty, that at 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 Errour of it; The manner of these Physitians, and especially these Empiricks, 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 their medicine, but apply still drawing medi∣cines, when they should rather intend to cure and corroborate the part. Good Lord, Madam (said I) how wisely and aptly can you speak and discern of Physick ministred to the body, and consider not that there is the like reason of Physick ministred to the mind; as now, in the case of my Lord of Essex, your Princely word ever was, that you intended ever to reform his mind, and not ru∣ine his Fortune: I know well, you cannot but think you have drawn the humour sufficiently; and therefore it were more then 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 to correct any mind of greatness. And another time, I remember, she told me for News, that my Lord had written to her some very dutiful Letters, and that she had been moved by them; and when she took it to be 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∣to I replied, Alas Madam, how doth your Majesty construe of 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 unto a Stake or Prop that stands by it, not

for any love to the stake, but to uphold it self. And therefore Madam, you must distinguish, my Lords desire to do you service, is as to his perfection, that which he thinks himself to be bound for; whereas, his desire to obtain this thing of you, is but for a sustentation; and not to trouble your Lordship with many other particulars like unto this, it was at the same time that I did draw, by my Lords privitie, 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 shewed to the Queen; which it pleased my Lord very strangely to mention at the barr: the scope of which were but to represent and picture forth unto her Majesty my Lords minde to be such as I know 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, or his Lordships servants delivery, long since come into divers hands) let him judge, specially 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 this dealing grew to this, that the Queen, by some slackness of my Lord, as I imagine, liked him worse and worse, and grew more incensed towards him: Then, she remembring belike the continual and incessant, and confident speeches and courses that I had held on my Lords side, became utterly alienated from me, and for the space of at least three months, (which was between Michaelmas and New-years 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 desi∣red to speak with Her about Law business, ever sent me forth very sleight refusals; insomuch as it is most true, that immediately after New-years-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 must lose you too; you have put me like one of those that the French men call Infans perdus, that serve on foot before horsemen, 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 plaid 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 my self, and therefore vivus vidensque pereo: If I do break my neck, I shall

do it as Dorrington did, which walked on the Battlements of the Church many days, and took a view and survey where he should fall; and so, Madam (said I) I am not so simple, but that I take a prospect of my own overthrow; only I thought I would tell you so much, that you may know, 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 suffi∣cit, and a number of other sensible and tender words and demon∣strations; such as more could not be: but as touching my Lord of Essex, ne verbum quidem. Whereupon I departed, resting then determined to meddle 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 my own Confidence, at that time; and this was the last time I saw her Majesty before the eighth of Fe∣bruary, which was the day of my Lord of Essex his misfortune: After which time, for that I performed at the Bar in my publick service, your Lordship knoweth, by the rules of duty, I was to do it honestly, without prevarication: but for any putting my self in it, I protest before God, I never moved the Queen, nor any per∣son living, concerning my being used in the service, either of evi∣dence or of examination; but it was meerly laid upon me with the rest of my fellows. And for the time that passed between the ar∣raignment and my Lords 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, yet generally I did both com∣mend her Majesties mercy, terming it to her as an excellent balme, that did continually distil from her Sovereign hands, and made an excellent odour in the scents 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 per∣sons had entred into such an action, it might have caused much blood and combustion; 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 my self in that service, I have many honourable witnesses that can tell, that the next day after my Lords arraignment, by my diligence and information, tou∣ching the quality and nature of the offendors, six of nine were stay∣ed, which otherwise had been attainted, I bringing their Lordships 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, assoon as ever his case was sufficiently known and defined of, might not continue in re∣straint, 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 many of the rest; but what was the reason? 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 service, if I had not delivered that opinion. But afterwards, upon a re-examination of some that charged him, who weakned 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 Consci∣ence, that for the reputation of the Action, the Plot was to coun∣tenance the Action farther by him in respect of his place, then 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 former Declarations, which in sor∣mer 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 Councellors, by her Majesties appointment it was perused, weighed, censu∣red, altered, and made almost a new Writing, according to their Lordships better consideration, wherein their Lordships and my self both were as religious, and curious of truth, as desirous of satisfaction: and my self, indeed, gave only words and form of stile, in pursuing their directions: And after it had passed their allowance, it was again exactly perused by the Queen her self, 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 forget my ancient respect to my Lord of Essex, in term∣ing him ever my Lord of Essex, in almost 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 Commandment. And this, my Lord, to my furthest remembrance, is all that pas∣sed, wherein I had part, which I have set down as near as I could in the very words and speeches as were used, not because they are worth the repetition, I mean those of mine, but to the end your Lordship may lively and plainly discern between the face of Truth, and a smooth Tale. And the rather also, because in things that passed a good while since, the very words and phrases did some∣times bring to my-remembrance the matters, wherein I refer 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 my Lord, as I was well heard by them both, both my Lord had been fortunate, and so had my self 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 even so I continue,

At your Lordships honourable Commandments, very humble, F. B.

Notes

• * 1.1

  27 E. 3. Cap. 1.
• * 1.2

  4 H. 4. Cap. 23.