The Works of Francis Bacon II

TIIK
\VOI!KS
FRANCIS BACON,
LORD CHANCELLOR OF ENGLAND.
WITH A LIFE OF THE AUTHOR

BY
BASIL MONTAGU, ESQUIRE.
IN
THREE VOLUMES.
VOL.
II.
\l.
NEW YORK WORTHINGTON, 770 BROADWAY.

;
1884.
JAN 2 9
1563
CONTENTS OF
VOL.
II.
Page
Page
SYLVA 6YLVARUM; OR A NATURAL

HISTORY.
I.
Of sympathy and antipathy Of the spirits or prieumaticaU Of the power of heat Of

7 8
8 9
22
in bodies ....
23
23
Of staining
ward
or percolation, outward and in
impossibility of annihilation
24
Of motion upon pressure Of separations of bodies liquid by weight Of infusions in water and air Of the appetite of continuation in liquids Of artificial springs Of the venomous quality of man s flesh Of turning air into water Of helping or altering the shape of the body Of condensing of air, to yield weight or nour
.
CENTURY
II.
. .
10
10
10
Of music Of the nullity and entity of sounds Of production, conservation, and delation
sounds
24
26
of
28 29
32
10
1 1
ishment
11 11
Of flame and air commixed Of the secret nature of flame Of flame, in the midst, and on the sides .... Of motion of gravity Of contraction of bodies in bulk Of making vines more fruitful Of the several operationsof purging medicines Of meats and drinks most nourishing Of medicines applied in order Of cure by custom Of cure by excess Of cure by motion of consent Of cure of diseases contrary to predisposition Of preparation before and after purging .... Of stanching blood Of change of aliments and medicines
Ofdiets
12 12 12
13
Of magnitude, exility, and damps of sounds Of loudness and softness of sounds Of communication of sounds Of equality and inequality of sounds Of more treble and base tones Of proportion of treble and base Of exterior and interior sounds Of articulation of sounds
32 32 33
34
34 35
CENTURY
III.
13 13
14
17 17
17
17 17
18
18
Of the lines in which sounds move Of the lasting and perishing of sounds Of the passage in interception of sounds ... Of the medium of sounds Of the figures of bodies yielding sounds. ... Of mixtures of sounds Of melioration of sounds Of imitation of sounds Of reflection of sounds Of consent and dissent between audibles aa-1
visibles
36 36
37
37
38
38 39
o!)
40
18
18 18 19
41, 42
Of production of cold
Of turning air into water Of induration of bodies Of preying of air upon water Of the force of union Of making feathers and hairs
lours
20
21
22
of divers co
i2
Of nourishment of young creatures in

or
the egg,
womb
22
Of sympathy and antipathy of sounds Of hindering or helping of hearing Of the spiritual and fine nature of sounds Of orient colours in dissolutions of metals Of prolongation of life Of the appetite of union in bodies Of the like operations of heat and time Of the diflering operations of fire and time. Of motions by imitation Of infectious diseases
iii
43
44
.
44
4i>
*>
45
4f>
45
45 46
CONTENTS.
Pap
Of
the incorporation of
powders and liquors
47
46
Of the Of Of
degenerating of plants, and of their
Of
exerrise of the boJy, and the benefits or
transmutation one into another

the proeevity and lowness of plants, and
artificial
72
evils thereof
Of meats soon
CKXTCIIT IV.
glutting, or not glutting ....
46
of
dwarfing them
73
the rudiments of plants, and of the ex
crescences of plants, or super-plants
74 76 77
Of clarification
tion thereof
of liquors and the accelera
47
48 49 50
.
Of
maturation, and the accelerating thereof:

fruits
and of the maturation of drinks and
Of making gold Of the several natures of gold Of inducing and accelerating putrefaction Of prohibiting and preventing putrefaction. Of rotten wood shining Of acceleration of birth Of acceleration of growth and stature
.
50
51
Of producing perfect plants without seed ... Of foreign plants Of the seasons of several plants Of the lasting of plants Of several figures plants Of some principal differences in plants Of all manner of composts and helps for
f>f
77
7S 78 79
ground
52 53 CENTURY VII. Of the affinities 53 53 54
and
differences
between
81
Of bodies sulphureous and mercurial Of the chameleon Of suhterrany fires Of nitrous water Of congealing of air Of congealing of water into crystal Of preserving the smell and colour
leaves
plants and bodies inanimate
Of
54
54
and differences between plants and living creatures, and of the confmcrs and participles of both
affinities
81
54
54
in rose
55
55
of divers
bodies in
Of the lasting of flame Of infusions or burials

earth
56 on men
s bodies
Of plants, experiments promiscuous Of the healing of wounds Of fat diffused in flesh Of ripening drink speedily Of pilosity and plumage Of the quickness of motion in birds Of the clearness of the sea, the north wind
blowing
82 89 89
89
89
90
Of
the effects
from several
90
heats
winds
57 57 57 57
or deep
Of
the
different
of
fire
and boiling
Of winter and summer sicknesses Of pestilential years Of epidemical diseases Of preservation of liquors in wells,
vaults
water
90
57
Of slutting Of sweet smells Of the goodness and choice of waters Of temperate heats under the equinoctial. Of the coloration of black and tawny Moors. Of motion after the instant of death
,
57
5S
58
59
59 59
Of the qualifications of heat by moisture ... Of yawning Of the hiccough Of sneezing Of the tenderness of the teeth Of the tongue Of the mouth out of taste Of some prognostics of pestilential seasons. Of special simples for medicines OfVenus Of the insects, or creatures bred of putrefac
.
90 90 90
90
91
91
91 91 91
91
CBXTCRT V.
Of accelerating
nation
or hastening forward germi
tion
92 93
displeasures of hearing,
CO
putting back germination
or
. .
Of leaping Of the pleasures and
Of retarding or Of meliorating,
plants
61
and of the other senses
93
making
better, fruits
and
62
66 67
CEXTUUT
VIII.
Of compound fruits and flowers Of sympathy and antipathy of plants Of making herbs and fruits medicinal
69
CKHTCHT
VI.
about
fruits
Of veins of earth medicinal Of sponges Of sea-fish in fresh waters Of attraction by similitude of Of certain drinks in Turkey
Ofsweat
94
91 91
substance
94
94 95
Of curiosities
and plants
70
CONTKNTS.
Of Of
the
tin-
glow-worm
impressions u|hin the body from seve
.).">
Of Of
j
wat-r, that
it
may be
the
medium
of
sounds
J07
ral
passion* jf the
mind
95
97 98 98 98 98
shell, in
the flight of the spirits

tH
upon odious obIOV
Of drunkenness
(
>l
the hurl or help of wine, taken moderately
Of caterpillars Of the flies cantharides Of lassitude Of casting of the skin, and

creatures
Of the Of the
Of
super-reflection of echoes
force of the imagination imitating that
07
the senses
preservation of bodies
107
108
108
some
98
99 99
Offthe growth or multiplying of metals ....
Of the drowning
more precious
the
more base metal
in the
Of the postures of the body Of pestilential years Of some prognostics of hard winters Of certain medicines that condense and
the spirits
108
1
99
rarefy
Of fixation of bodies Of the restless nature of things

and
their desire to
08
in themselves,
change
108
99 99
9!)
Of paintings of the body Of the use of bathing and anointing Of chambletting of paper Of cuttle ink Of earth increasing in weight Of sleep Of teeth and hard substances in the
of living creatures
CESTUUT
IX.
in bodies insensible, tending to
trials
Of perception
100
100
natural divination or subtile
109
112
100
1
00
bodies
100
Of
the
generation,
and bearing of
living
creatures in the
womb
percussion
101
Of species visible Of impulsion and

Oftitillation
102
103
103
Of scarcity of rain in Egypt Of clarification Of plants without leaves Of the materials of glass Of prohibition of putrefaction, and
conservation of bodies
103
103
103
104
the long
104 104
104
Of the nature of appetite in the stomach ... Of sweetness of odour from the rainbow ... Of sweet smells Of the corporeal substance of smells Of fetid and fragrant odours Of the causes of putrefaction Of bodies imperfectly mixed Of concoction and crudity Of alterations, which may be called majors Of bodies liquefiable, and not liquefiable Of bodies fragile and tough Of the two kinds of pneumaticals in bodies Of concretion and dissolution of bodies Of bodies hard and soft Of ductile and tensile Of several passions of matter, and characters
.
112
112 112 112 113
113
113
114
114
114 115 115 1)5 115
Of abundance of nitre in certain sea-shores. Of bodies borne up by water Of fuel consuming little or nothing Of cheap fuel Of gathering of wind for freshness Of trials of air Of increasing milk in milch beasts Of sand of the nature of glass Of the growth of coral Of the gathering of manna Of the correcting of wines Of bitumen, one of the materials of wild-fire Of plaster growing as hard as marble Of the cure of ulcers and hurts Of the healthfulness or unhealthfulness of
southern wind
of bodies
115
1
1
104 105
105
105 105
Of induration by sympathy Of honey and sugar Of the finer sort of base metals Of certain cements and quarries Of the altering of colours in hairs and feathers Of the difference of living creatures, male and
female
116
116 117
116
105
105 105
117
Of
the
comparative
magnitude
of
living
creatures
117
117 117 118 118
118
106
106
106 106
106
with iron.
Of wounds made with brass, and Of mortification by cold Of weight

Of
supernatation of bodies
106
106
Of producing fruit without core or stone ... Of the melioration of tobacco Of several heats working the same effects Of swelling and dilatation in boiling Of the duleoration of fruits Of flesh edible and not edible Of the salamander Of the contrary operations of time on fruits
.
118
1 1
106
107
. .
and liquors
119
1 1
Of
the living of unequal bodies in the air
107
Of blows and bruises Of the orrice root
19
CONTENTS.
Of the compression of liquors Of the nature of air Of the working of water upon air contiguous Of the eyes and sight Of the colour of the sea or other water Of shell-fish Of the right side and the left Of frictions t Of globes appearing flat at distance Of shadows Of the rolling and breaking of the seas Of the dulcoration of salt-water Of the return of saltness in pits upon the sea
.
Page 119
Page
Considerations touching the queen
in Ireland
s
service
119 119 119 120
188 190
Letters to Sir Geo. Villiers
TRACTS RELATING TO SPAIN.

193 Report of the Spanish grievances Notes of a speech concerning a war with Spain
Considerations touching a war with Spain Miscellaneous tracts
.
120
121
121
99
121 121
201
214 216
V?l
12ife
Report of Lopez
s treason
TRACTS RELATING TO ENGLAND.

Of the
laws
Offer of digest of the laws
Certificate touching the penal laws Advice touching the charter-house Observations on a libel
shore
121
true greatness of Britain
222
of the
Of attraction by similitude of substance .... Of attraction Of heat under earth Of flying in the air Of the scarlet dye Of maleficiating Of the rise of water by means of flame Of the influences of the moon Of vinegar Of creatures that sleep all winter Of the generating of creatures by copulation,
and by putrefaction
121
Proposition touching the
amendment
121
229
122
122 122 122
233 236
239 242
122
122 123 123
SPEECHES.
Touching purveyors About undertakers
266 269
To
the king
upon
the grievances of the
Com
272 273
276
. .
mons
123
On
wards and tenures
CEXTCIIY X.
Declaration for the master of the wards .... 274
Of
the transmission and influx of immateri-
On
124
ate virtues,
and the force of imagination.

spirits,
receiving the king s messages Concerning impositions on merchandises.
278
28 1
Of the Of
transmission of
and the
force
To
124
grant supplies to the king
of imagination
the emissi
Relating to the mint
282
of spirits in vapour, or exha
lation, odour-like
126
To On
the speaker s excuse
284
286
the motion of a subsidy
Of emission
the senses
of spiritual species which affect
128
of immateriate virtues, from the
spirits
CHARGES.
Commission
for the
Of emissions
verge
289
minds and
of men, by affections, imagination, or other impressions
Of subordinate
129
Against duels
magistrates
294
295 300 303
Of
the secret virtue of
sympathy and antipa

129 136
spirits
.
.
thy
Decree of Star-Chamber against duels Against Mr. Oliver St. John
Of secret virtues and proprieties Of the general sympathy of men s
Mr. Lumsden,
&c
307
311
137
Lord Sanquhar Mr. Owen

Countess of Somerset
Earl of Somerset
313
315, 319
TRACTS RELATING TO SCOTLAND. A discourse of the happy union

\rticles
321
touching the union
142
149
Letter to the king
32G 326
.
Certificate of the commissioners
Naturalization of the Scottish nation

T Jnion of
150
158
laws
To To To To To
Sir G. Villiers the king Sir G. Villiers

.
328 330 330
Proposition towards the union of laws
160
166
Of Somerset
The
post-nati
arraignment the king, about Somerset
examination
33 1
about Lady
TRACTS RELATING TO IRELAND.

Considerations touching the plantation.
Letter to Mr. Secretary Cecil
...
Sir G. Villiers,
s
183
187
Somerset
pardon
..
331
William Talbot ....
38S
CONTENTS.
I
vii
,,.
PAPERS RELATING TO
ESSEX.
Till:
KARL OF
333
Physiological remains
455 4CO
Medical remains
Apology of Sir Francis Bacon The proceedings of the Karl of Essex

Declarations of his treasons
342
348
JUDICIAL CHARGES
SPEECHES.
AND TRACTS.
471
Arraignment of Blunt, Davis, &c.

of Culle
363
3fi5
On
To To To
taking his place in chancery
Before the
Sir
ofMcrrick
Confession of Lee
of
365
3f>5
summer W.Jones
circuits
475
477
477
Sir J.
Denham
Hutton
Court of Chan
for regulating the
Knowd
J.
366
Justice
478
479
of Gorge
367
Davis
Ordinances
cery
of Sir
368
368, 369 369, 372
of Sir C. Davers of Sir C. Blunt of Lord Sandys

of the Earl of Essex
PAPERS RELATING TO SIR EDWARD COKE.
An
To
expostulation to the Lord Chief Justice
371
Coke
the king, about the
485
374 366
commendams
488
489
491 491
Declaration of Sir William
Warren
memorial
Sir
for his majesty

Villiers
to
of
Thomas Wood
366 366 370

371
To
George
of David Hethrington of the Lord Keener
Tracts relating
commendams
remembrance of abuse received from Lord
Examination of Lord Rutland

of Lord Cromwell
of Lord Southampton
Coke
Reasons
for
497
removing Lord Coke
Villiers to Sir
372
373
497
49S
To To
the king
Speech of Sir Christopher Blunt Advice to Sir George Villiers
373 375
Lord Viscount
the king
Francis Bacon 493
499
his majesty s declaration
Remembrances of
HEOLOGICAL TRACTS.
PRATERS.
touching Lord Coke
500 500
50
1
prayer, or psalm,
made by
the Lord
Ba
405
To To
Sir
the king the king
con, chancellor of England
Edward Coke
to the
king
502
prayer
made by
s
the Lord Chancellor
The king
405
Sir
to the lord
keeper
to the
502
Lord Keeper
Bacon
The The
student
prayer
406
Henry Yelverton Bacon

the Marquis of
503
504
writer s prayer
406
To
Buckingham
to the fourth question
s case
last
confession of faith
characters of a believing Christian, in
. . .
407 408
411
The Lord
Chancellor Ellesmere to the king 505

s
The
Lord Coke Lord Coke

arising
answer
paradoxes and seeming contradictions.
arising out of Dr.

s
Bonham
to
s case
506
question
An
advertisement, touching the controver
answer
the
sies of the
church of England
upon Bagg
507 507 508
Certain considerations, touching the better

pacification
Letter to the judges
and
edification of the
church
Charge against Whitelocke
of England
420
LETTKHS RELATING TO LEGAL PROCEEDINGS.

Robert, Earl of Somerset, to Sir Thos. Over-
The
translation of certain psalms into
Eng
431
lish verse
bury
509
510
511
An
advertisement touching a holy war 435 Questions about the lawfulness of a war for
the propagating of religion
444
MISCELLANEOUS.
Mr. Bacon
reign
s discourse in praise
To the king To John Murray To Mr. Murray To Mr. Murray To the king
speech against
511
;
511
511
in
of his sove
Supplement of passages omitted
Bacon
415
first
Owen
examina
512 512
615
515
A
A
proclamation drawn for his majesty s
coming
in
451
To To
the king
Sir George Villiers. touching the
draught of a proclamation touching his

majesty
s style
tion of Sir Robert Cotton
453
Sir Francis
Bacon
to the
judges
CONTENTS.
Page
Page
Legal questions for (he judges Questions of convenience
516
510
Lord Coke
answer
to the question arising
particular
.f
Heads
majesty.. 616 the charge against Robert, Earl of
remembrance
for his
upon Godfrey s case John Selden, Esq. to the Lord Viscount

Alban
530
St.
530
Somerset
510
Villiers
To To
Sir
George
518
519
MISCELLANEOUS.
The
first
the king
to the king, for reviving the
copy of
my
Discourse touching the

s
Advice
commis
520
521 521
safety of the
Queen
Person
532
sion of suits
The
To the Ea,-l of Buckingham To the lord keeper To the lord keeper To the lord chancellor To Sir Henry Yelverton To the lord chancollor To the lord chancellor To the lord chancellor To the lord chancellor To the lord chancellor To the lord chancellor To the king To the lord chancellor To the Marquis of Buckingham To the lord chancellor
Notes of a speech of the
lord chancellor ....
Fragments of a Discourse touching intelligence and safety of the Queen s

first
Person
532
for
521
The Speeches drawn up by Mr. Bacon

his lordship before
522
522
the Earl of Essex, in a device exhibited by
Queen
Elizabeth, on the
522 522
523
anniversary of her accession to the throne,
Nov. 17,1595 Remembrances for the King,

into Scotland
533
before his going
523 523
524 524
524
537
Account of Council Business
537
538
An
account of Council Business and of other
matters committed to
me
by his Majesty
525 525
Draught of an Act against a usurious shift of gain, in delivering Commodities instead

of
Money
540
525
52C 520
Proposition for the repressing of singular
To To To To
the Marquis of
the Marquis of
Buckingham
Buckingham
Combats, or Duels
Advice
to the
540
for reviving the
King
Com
511
the king the king

la
526 527
Pole
s case
mission of Suits
Notes upon Michael de
527
527
Reasons why the New Company is not to be trusted and continued with the trade of
Clothes
Observations upon Thorpe s case
541
Notes upon Sir John Lee s case Notes upon Lord Latimer s case
527
528
MISCELLANEOUS TRACTS,
from
Ike Latin.}
[Translated
Notes upon John Lord Neville s case 528 Questions demanded of the Chief Justice of
On
the Interpretation of Nature

Interpretation of Nature.
543
551
King s Bench Lord Coke s answers

the
528
to the
True Hints on the
questions upon
The Phenomena
529
ral
of the Universe; or,
Natu
558
the case of the Isle of Ely
History for the Basis of Natural Philo
Lord Coke
answers
to the questions
upon 529
sophy
D Arcy scase
Description of the Intellectual Globe....... 571
LORD BACON
WORKS
SYLVA SYLVARUM;
on,
NATURAL HISTORY,
IN
TEN CENTURIES.
EDITOR
last
PREFACE.
which were written
IN the spring of 1G2G, Lord Bacon died. In the same year, Dr.Rawley, "his lordship s first and entitles himself, collected and chaplain," as he always proudly published the different poems to the memory of his honoured master. 1 In the year 1G 27, he published the Sylva
Sylvarum, with an address to the reader, explaining the intention of Lord Bacon in the compilation of this work, and the probable objections which might be made to the publication ; that it was not methodical; and that many of the experiments would be deemed vulgar and trivial. With respect to the want of method, although, to use the words of Dr. Rawley, "he that looketh attentively into the work, shall find that they have a secret order," yetknovving as he did thecharms of symmetry in arrangement and beauty of style, and the necessity of adopting them to insure an im mediate and favourable reception of abstruse works, Lord Bacon was never misled by the love of order: he did not worship this idol; but "as Hercules, when he saw the image of Adonis, Venus mitiion, in a temple, said in disdain, Nil sacri es ; so there are none of Hercules followers in learn ing, that is, the more severe and laborious sort of inquirers into truth, but will despise those delica cies and affectations, as indeed capable of no divineness." 8 "-No man was, for his own sake, less attached to system or ornament than Lord Bacon. A plair unadorned style in aphorisms, in which the Novnm Organum is written, is, he invariably states, the proper style for philosophy. In the midst of his own arrangement, in the Advancement of Learning, he says: The worst and most absurd sort of trifiers are those who have pent the whole art into strict methods and narrow systems, which men commonly cry up for the sake of their regularity and
"
style.
: "It is of great consequence to consider whether sciences should be delivered by of aphorism or of method. Methodical delivery is more fit to win consent or belief; but less fit to to action; for they carry a show of demonstration in orb or circle, one point part illuminating another; and therefore do more satisfy the understanding; but being that actions in common course
Again he says
way
of
not orderly digested, they do best agree with dispersed directions. Lastly, aphorisms representing certain portions only, and as it were fragments of sciences, invita others to contribute and add something; whoroas iwthodical delivery carrying show of a total and
life
are dispersed, and
perfect
knowledge, forthwith seciireth men as if they wen- at the furthest." Again, "Science is much injured by the over early and peremptory reduction of knowledge into
1
It in
a small 8vo, of
which there
Is
a copy in the British
Museum.
See page
ITO
ofthc
1
first
volume
VOL.
II.
2
arts
EDITOR
and method
;
PREFACE.
from which time commonly sciences receive small or no augmentation. But as young men, when they knit and shape perfectly, do seldom grow to a further stature; so knowledge, while it is in aphorisms and observations, it is ingrowth; but when it once is comprehended in exact methods, it may perchance be further polished and illustrated, and accommodated for use and practice, but it increaseth no more in bulk and substance." 1 Again "And as for the overmuch credit that hath been given unto authors in sciences, in making them dictators, that their words should stand, and not consuls, to give advice; the damage is infinite that sciences have received thereby, as the principal cause that hath kept them low, at a stay, with For hence it hath come, that in arts mechanical the first devisor cornea out growth or advancement. shortest, and time addeth and perfecteth ; but in sciences the first author goeth farthest, and time leeseth and corrupteth. So, we see, artillery, sailing, printing, and the like, were grossly managed at the first, and by time accommodated and refined: but contrariwise, the philosophies and sciences
:
of Aristotle, Plato, Democritus, Hippocrates, Euclides, Archimedes, t)f most vigour at the first, and by time degenerate and embased whereof the reason is no other, but that in the former many wits and
;
industries have contributed in one;
and
in the latter
many wits and
the wit of
some one,
whom many
times they have rather depraved than illustrated.
industries have been spentabout For as water
it descendeth, so know ledge derived from Aristotle, and exempted from liberty of examination, will not rise again higher than the knowledge of Aristotle." This was the reason why the Sylva Sylvarum was published in he knew well, that there was no other way open to unloose men s minds, being Aphorisms, as
will not ascend higher than the level of the first spring-head from
whence
"
bound, and, as
it
made impotent
Organum,
"
for
were, maleficiate, by the charms of deceiving notions and theories, and thereby generation of works."
\\ith respect to some of the experiments being vulgar and trivial, Lord Bacon says in the Novum 2 Quod vero ad rerum utilitatem attinet, vel etiam turpitudinem, quibus (ut ait Plinius)
ese res,
honos prsefandus est:

recipiendae sunt.
non minus quam lautissimae
et pretiosissimee, in
Historiam Naturalem
propterea polluitur Naturalis Historia: Sol enim aeque palatia et cloacas Nos autem non Capitolium aliquod ant Pyramidem hominum ingreditur, neque tamen polluitur. superbiee dedicamus aut condimus, sed Templum sanctum ad exemplar mundi in intellectu humano
Neque
est, id etiam scientia digQuinetiam, ut e quibusdam pntridis materiis, veluti Musco et Zibetho, aliquando optimi odores generantur; ita et ab instantiis vilihus et sordidis, quandoque eximia lux et informatio emanant. Verum de hoc nimis multa; cum hoc genus fastidii sit plane puerile et effoeminatum." 3
fundamus.
;
Itaque exemplar sequimur.
Nam
quicquid essentia dignum
num
quae
est essentiae
imago.
At
vilia asque substitunt ac lauta.
And again, "with relation to this contempt of natural history, on account of its containing things that are vulgar, ignoble, subtile, or useless in their origins, we should here consider, as an oracle, the saying the poor woman to the haughty prince, who rejected her petition as a thing below his
o."
dignity to take notice of; then cease to reign; for it is certain, that whoever will not attend to mat ters of this kind, as if they were too minute or trifling, shall never obtain command or rule over
nature."
These two objections stated by Rawley were anticipated by Lord Bacon in the Novum Organum, 4 where he mentions a third objection which is, even at this day, repeatedly urged against the Sylva Sylvarum. Some," he says, "without doubt, upon reading our history and tables of invention, will meet with experiments not well verified, or even absolutely false; and may thence, perhaps, be apt to suspect, that our inventions are built upon doubtful principles, and erroneous foundations. But this is nothing: for such slips must necessarily happen in the beginning. It is but as if here and there a letter should be misplaced, or mistaken, in a writing, or printed book; which does not,
"
usually, much interrupt the reader: as such errors are easily corrected, from the sense of the place. In the same manner let men observe, that experiments may be falsely believed, and received in natural history; and yet soon after be expunged and rejected, when causes and axioms are discovered.
it is true, that if there should be many, and frequent, and continued errors, in a natural and experimental history, they cannot he corrected by any felicity of art or genius and therefore, if in our Natural which is collected, and examined, with so much diligence, so rigorous, and, as History,
Though,
it
1
were, with so religious a severity, there should sometimes happen any falsity, or mistake, with rePage 173of the
first
volume.
Article 120.
"But for unpolite, or even sordid particulars, which as Pliny observes, require an apology for being mentioned ; evri these ought to be received into a Natural 1 History, no less than the most rich and delicate for Natural History is not defil, ( by them, any more than the sun, by shining alike upon the palace and the privy. And we do not endeavour to build a Capi tol, or erect a paramid, to the of mankind ; but to found a temple, in imitation of the world, and consecrate it to the glory human understanding: so that we must frame our model accordingly. For whatever is worthy of existence, is worthy of our knowledge, which is the imace of existence but ignoble things exist, as well as the noMe. Nay, as some exrrementl tim.-, matters, for example, musk, rivet, fee. sometimes produce excellent odours: so sordid iiist:inrc< sometimes afford greit light and information. But enough of this; as such a delicacy is perfectly childish and effeminate." ArtitU II,.
;
:
EDITOR
PREFACE.
gnrd to particulars; what must be thought of the common Natural History, which in comparison of ours, is so negligent and remiss; or, what of the philosophy, ami the sciences, huilt upon such quick* Let no one, therefore, be concerned, if our history has its errors." saiuls And, in the Ailvancninentof Learning, when treating of credulity, lie says, "The matter of manifest truth is not to be mingled or weakened with matter of doubtful credit; and yet again, rarities and re
!
ports that seem incredible are not to be suppressed or denied to the memory of men." ri in the slightest examination of this work it will appear that, not liavi 115 such a collection of
l-
natural history as he had measured out in his mind, which would have required the purse of a prince, and the assistance of a people, Lord Bacon did the best in his power, trying all things but not believ
ing
all
things, to
make such a
collection as might render
some
assistance to future inquirers, by point
ing out the mode in which a natural history ought to be complied, without haste in the admission or he says, "which I continally use, of experiments, "The rejection of received reports. rejection," though it appeareth not, is infinite; but yet if an experiment be probable in the work, and of great
I receive it, but deliver it as doubtful." This, perhaps, will be illustrated by some of the articles in the tenth century of this work, in his inquiry touching the "transmission and influx of immateriate virtues and the force of imagination," where he thus begins The philosophy of Pythagoras, which afterwards was, by the school of Plato and others, watered and nourished. It was, that the world was one entire perfect living creature ;
use,
"
insomuch as Apollonius of Tyana, a Pythagorean prophet, affirmed, that the ebbing and flowing of the sea was the respiration of the world, drawing in water as breath, and putting it forth again. They went on, and inferred, that if the world were a living creature, it had a soul and spirit; which also they held, calling it spiritus mundi, the spirit or soul of the world by which they did not intend God, for they did admit of a Deity besides, but only the soul or essential form of the universe." . With these vast and bottomless follies men have been in part entertained. But we, that hold firm to the works of God, and to the sense, which is God s lamp, lucerna Dei spiraculum hominis, will inquire with all sobriety and severity, whether there be to be found in the and what the force of footsteps of nature, any such transmission and influx of immateriate virtues imagination is ; either upon the body imaginant, or upon another body wherein it will be like that labour of Hercules, in purging the stable of Augeas, to separate from superstitious and magical arts and observations, any thing that is clean and pure natural ; and not to be either contemned or con
:
"
demned."
1 spirit, mistaken for credulity, he says, the sympathy of individuals, that have been entire, have touched, is of all others the most incredible; yet according unto our faithful manner of ex amination of nature, we will make some little mention of it. The taking away of warts, by rubbing them with somewhat that afterwards is put to waste and consume, is a common experiment; and I do apprehend it the rather because of my own experience. I had from my childhood a wart upon one of my fingers: afterwards, when I was about sixteen years old, being then at Paris, there grew upon both my hands a number of warts, at the least a hundred, in a month s space. The English ambas sador s lady, who was a woman far from superstition, told me one day, she would help me away with my warts whereupon she got a piece of lard with the skin on and rubbed the warts all over with the fat side ; and amongst the rest, that wart which I had had from my childhood then she nailed the piece of lard, with the fat towards the sun, upon a post of her chamber window, which was to the south. The success was, that within five weeks space all the warts went quite away and that wart which I had so long endured for company. But at the rest I did little marvel, because
In this
or
they came in a short time, and might go away in a short time again which had stayed so long doth yet stick with me."
but the going
away
of that
Again,
"The
relations touching the force of imagination, and the secret instincts of nature, are so
I would have it uncertain, as they require a great deal of examination ere we conclude upon them. first thoroughly inquired, whether there be any secret passages of sympathy between persons of near
There be many blood, as parents, children, brothers, sisters, nurse-children, husbands, wives, &c. reports in history, that upon the death of persons of such nearness, men have had an inward feeling
of
it.
English gentlemen, that my father s uouse in the country was plastered all over with black mortar. There is an opinion abroad, whether idlo or no 1 cannot say, that loving and kind husbands have a sense of their wives breeding children, by
before
my
myself remember, that being in Paris, and father s death, I had a dream, which I told
my
father
dying in London, two or three days
to diverse
some accident
Article iWT.
in their
own
8
body."
Article 996.
There are
hi- earliest infancy.
twelve years
Vaulel (u of -rund.
s lift- of mind, ind faculty of cenoralizine from .n of imimin nion, most probably brlori he qiiittnl his father s house for Ihc university, from \vh-nc. at sixteen, he went with Sir Ainyas See also Art. 1M, when in Trinity College meditating upon the nature Paris, and returned after In- father s death.
in different parts 8pe \rt.
of the Sylva Sylvarum farts evincinc Bacon

Jfi,
<J
when
hi*
iiiin.1
at
work
n;i.ni Hi.- nanir.-
h>-
old,
when
Bee also Art.
110,
1W, 2W.
4 Passing from these

the treatise
EDITOR
De Augmenlis 1 and
is
PREFACE.
objocti jns to the uses of natural history, they are explained by Lord Bacon iiv in the Orgaimm. In the treatise De Augiuentis, the subject
Novum
of Natural History
I. Jis to the
thus exhibited.
Subject of History.
1.
2.
3.
Of Nature in Course. 1. Of Celestial Bodies. 2. Of the Region of the Air. 3. Of the Earth and Water. 4. Of the Elements or Genera. 5. Of the Species. Of Nature wandering or Marvails. Of Arts.
In the
II. Jls to its M.SC.
Knowledge or History Narrative, being the primitive matter of Philosophy, which he says is defective, and to supply this defect, to discover the properties of creatures and to impose names, the occupation of Adam in Para That all dise, his tables of invention are constructed in the Novum Organum with the admonition partitions of knowledges be accepted rather for lines and veins, than for sections and separations;
1.
2. In
The sciences being the and that the continuance and entireness of knowledge be preserved." 9 pyramids supported by history upon experience as their only and true basis; and so the basis of
"
is natural history; the stage next the basis is physic; the stage next the verti metaphysic: as for the cone and vertical point itself ( opus quod operatur Deus aprincipio usque ad finem ; the summary law of nature) we do justly doubt, whether man s inquiry can But these three be the true stages of sciences; and are, to men swelled up with their attain unto it. own knowledge, and a daring insolence to invade heaven, like the three hills of the giants
natural philosophy
cal point is
"
Scilicet
Ter simt cnnati imponere Pelion Ossse, atque Ossa-, frondosum involvere
Olympian."
an edition in Latin, published in Hol land in 1648, 4 and 1GG1 ;* and at Frankfort in 1665. 8 There are some observations upon the Sylva Sylvarum in Archbishop Tennison s work, 7 which
this
Of
work
theru have been
many
editions
and there
is
There is considerable difference between the arrangement of this part in the Advancement and the De Augmentir,. There is scarcely a page of his works which does not contain an illustration of this union in all the parts of nature, and the injury to the advancement of knowledge from a supposition of their separation. In the Advancement nf Learning he We see Cicero the orator complained of Socrates and his school, that he was the first that separated philosophy and says rhetoric ; whereupon rhetoric became an empty and verbal art. So we may see that the opinion of Copernicus touching the rotation of Lie earth, which astronomy itself cannot correct, because it is not repugnant to any of the phenomena, yet natural philosophy may correct. So we see also that the science of medicine, if it be destituted and forsaken by natural philosophy, it is not much better than an empirical practice." In the treatise De Augmentis, speaking of the mode in which the laws of the heavenly bodies would be discovered, and Whoever shall reject (if thf anecdote respecting Newton and the fulling apple is true) were discovered, he thus predicts, the feigned divorces of superlunary and sublunary bodies ; and sh:ill intentively observe the appetencies of matter, and the most universal passions, (which in either globe are exceeding potent, and transverberate the universal nature of things.) he shall receive clear information concerning celestial matters from the things seen here with us! and contrariwise fru/n those motions which are practised in heaven; he shall learn many observations which now are latent, touching the motions of bodies here below; not only so far as these inferior motions are moderated by superior, but in regard they have a mutual intercourse by passions common to them both." And to the same effect, he says in another place : must openly profess that our hope of discovering the truth with regard to the celestial bodies, depends upon the observation of the common properties, or the passions and apatites of the matter of both states ; for, as to the separation that is supposed betwixt the ethereal and sublunary bodies, it geems to me no more than a fiction, and a degree of superstition mixed with rashness, &c. Our chiefest hope, and dependence in the consideration of the celestial bodies, is, therefore, placed in physical reason, though not such as are commonly so called; but those laws, which no diversity of place or region can abolish, break through, disturb, or alter." And in the Novum Organum, "Suppose, for example, the inquiry about the nature of spontaneous rotation, attraction, nnd many other natures, which are more common and familiar to us than the celestial bodies themselves. And let no one expect to determine the question, whether the diurnal motion belongs to the heavens or the earth, unless he first understand
:
"
"
We
the nature of spontaneous rotation." fsnn instance of (his union of nature, and of Bacon s tendency to generalize, see Articles 91,92, 93, and above all, see his mggestions in the Novum Organum, respecting Magical Instances, or great effects produced from apparently small causei am merely stating Hee page 316 of the first volume. The correctness of the reasoning lam not now invcstis-atim. the fact as an illustration of the union between all nature, and of Bacon s facility in discovering this union I do not find this in of the editions of Bacon * Works published in England. any (lOmo.) I have a copy, which is not scarce. (12mo.) There is a copy in the British Museum. Opera omnia, tr., Folio. Fran. 1665. "The seventh anil greatest branch of the Third Part of the Instnuration, is his S\lva Sylvarum, or N-itiiial History; work. It is n Which containeth many materials for the building of philosophy, as the Organum doth dirrrtions fur
; I
Ih"
liHtury not only nf nature freely moving in her course, (as in the production of meteor*, plants, minerals ;) lint also of nature in constrain:, and vexed and tortured by human art and experiment. And it is not a history of such ilnuifr orderly
I;I:FACE.
t!n
r
thus conclude,
to
"Whilst I
am speaking
of this work of his lordship of Natural History,
miiui a very inemoralde relation, reported ly him who h.tre a part in it, tin- Rev. Dr. Rauh-v. T: day, his Innishij) was dictating to that doctor some of tin; \periments in his Sylv.i. for him a final answer, touching th,- riled of a ^rant day, he had sent a friend to court, to receive which liad heeu made him liy King James. He had hitherto, only hope of it, and hope f.-rn-d ;
my
One
<
d<
and he was desirous
to
know
suspense of his thoughts. despair Be it so, said his lordship; and then he of that grant, how much soever his fortunes needed it. dismissed his friend very cheerfully, with thankful acknowledgments of his service. His friend being gone, he came straightway to Dr. Rawley, and said thus to him. Well sir! yon business wont go on; let us go on with this, for this is in our power. And then he dictated to him afresh,
for
the event of the matter, and to be freed, one way or other, from the His friend returning, told him plainly, that he must thenceforth
some
;
hours, without the least hesitancy of speech, or discernible interruption of
thought."
but thrown Into a heap. For his lordship, that he might not discourage other collectors, did not cast this book into exact method ; for which reason It huh the less ornament, but not much the less use. i- his lordship wag wont to distinguish :) and Iis this hook are contained experiments light, and experiments of use, He understood that what was common in one country, might be a aiiinriL st them some extraordinary, and others common. rarity in another for which reason, Dr. Cains, when In Italy, thought it worth his pains to make a large and elegant descrip tion of our way of brewing. His lordship also knew well, that an experiment manifest to the vulgar, was a good ground And himself rendered common ones extraordinary, by admonitions for further triata for the wise to build further upon. and improvements. Hence his lordship took occasion to say, that his writing of Sylva Sylvariiin, was (to speak properly) not a Natural History, but a high kind of natural magic: because it was not only a description of nature, but a breaking of
ranged
"
"[
nature into great and stranze works. "This book was written by his lordship in the English tongue, and translated by an obscure interpreter, into French, ami out of tint translation into Latin, hy James Gruter, in such ill manner, that they darkened his lordship s sense, and debased and he left his expression. James Grutor was sensible of his miscarriage, being kindly advertised of it by Dr. Rawley behind him divers amendments, published by his brother, Isaac Gruter, in a second edition. Yet still so many errors have escaped, that that work requireth a third hand. Monsieur Êlius Ueodatns had once engaged an able person in the translation of this book ; one who could have done He began, and went through the three his lordship right, and obliged such readers as understood not the English original. from that ptn, with first centuries, and then desisted ; being desired by him who set him on work, to take his hand quite which he moved so slowly. His translation of the third century is now in my hands ; out that of the two first 1 believe u lost." Archbishop Tennison then annexes some specimens of the translation.
:
"
oil"
A2
SYLVA SYLVARUM.
TO THE READER.
be continually with my lord in compiling of this work, and to be em HAVING had the honour with his lordship s good leave and liking, for the better ployed therein, I have thought it not amiss,
to
it, to make known somewhat of his lordship s intentions touch same. I have heard his lordship often say, that if he should ing the ordering and publishing of the have served the glory of his own name, he had been better not to have published this Natural His of particulars, and cannot have that lustre, which books tory: for it may seem an indigested heap
satisfaction of those that shall read
methods have; but that he resolved to prefer the good of men, and that which might best And he knew well, that there was before any thing that might have relation to himself. no other way open to unloose men s minds, being bound, and, as it were, maleficiate, by the charms notions and theories, and thereby made impotent for generation of works, but only no of deceiving where to depart from the sense, and clear experience, but to keep close to it, especially in the begin
cast into
secure
it,
ning: besides, this Natural History was a debt of his, being designed and set down for a third part I have also heard his lordship discourse that men, no doubt, will think of the Instauration. many of the experiments contained in this collection, to be vulgar and trivial, mean and sordid, curious
and
now
and therefore, he wisheth that they would have perpetually before their eyes what is in doing, and the difference between this Natural History and others. For those Natural His tories which are extant, being gathered for delight and use, are full of pleasant and
fruitless:
descriptions
which
But, contrariwise, the scope pictures, and affect and seek after admiration, rarities, and secrets. his lordship intendeth is, to write such a Natural History as may be fundamental to the
erecting and building of a true philosophy, for the illumination of the understanding, the extracting of axioms, and the producing of many noble works and effects. For he hopeth by this means to acquit himself of that for which he taketh himself in a sort bound, and that is, the advancement of
For, having in this present work collected the materials for the building, of which his lordship is yet to publish a second part, set down the instruments and directions for the work; men shall now be wanting to themselves, if they raise not
all
learning and sciences.
and in his
Novum Organum,
knowledge
to that perfection
whereof the nature of mortal men
is
capable.
And
in this behalf, I
have heard his lordship speak complainingly, that his lordship, who thinketh he deservcth to be an architect in this building, should be forced to be a workman, and a labourer, and to dig the clay, and burn the brick; and, more than that, according to the hard condition of the Israelites at the
latter end, to gather the
knoweth, that except he do
straw and stubble, over all the fields, to burn the bricks withal. For he men are so set to despise the means of their it, nothing will be done
:
good. And as for the baseness of many of the experiments; as long as they be God s works, they are honourable enough. And for the vulgarness of them, true axioms must be drawn from plain experience, and not from doubtful; and his lordship s course is to make wonders plain, and not plain things wonders; and that experience likewise must be broken and grinded, and not whole,
own
mouth the two kinds of experiments; experiments of use, and experiments of light: and he reporteth himself, whether he were not a strange man, that should think that light hath no use, because it hath no matter. Further, his lordship thought good also to add unto many of the experiments themselves some gloss of the causes: that in the succeeding work of interpreting And for the causes herein by nature, and framing axioms, all things may be in more readiness.
or as
it
groweth.
And
for use; his lordship hath often in his
"experimenta
fructifera,"
and
"experimenta
lucifera:"
him assigned his lordship persuadeth himself, they are far more certain than those that are rendered by others not for any excellency of his own wit, as his lordship is wont to say, but in respect of
; ;
his continual conversation with nature and experience. He did consider likewise, that by this addition of causes, men s minds, which make so much haste to find out the causes of things, would
not think themselves utterly lost in a vast wood of experience, but stay upon these causes, such as they are, a little, till true axioms may be more fully discovered. I have heard his lordship say also, that one great reason, why he would not put these particulars into any exact method, thoutrh be that
luokelh attentively into ihem shall find that they have a secret order, was, because he conceived that
CENT.
other
I.
NATIMJ.U, HISTORY.
think that they could do the like; and so go on with a further collection; heen exact, many would have despaired to attain hy imitation. As for 1 can refer any man to his lordship s 1/atin hook, ]), Augment!-, Scienhis lordship s love of tiarnm; which, if my judgment he any thing, is written in the exactest order that I know any writing with a usual speech of his lordship s; That this work of his Natural Hi* I will conclude to be. (Jod made it, and not as men have made it; for that it hath nothing of imagination. tory is the world as
men would now

inrth"d
\vhicli, if the
Ir.id
<;rder,
W. lUwLKY.
ThU
epistle
la
the
same
that should have been oreflxcci to
Una book,
if his
lordship had lived.
CENTURY
\ j
I.
Experiments in consort, touching the strairiing and the water through the vessels, it falleth. Now /f bodies one through another ; which they certain it is that this salter part of water, once call Percolation. salted throughout, goeth to the bottom. And DIG a pit upon the sea-shore, somewhat above therefore no marvel, if the draining of water by the high-water mark, and sink it as deep as the descent doth not make it fresh besides, I do some low-water mark; and as the tide corneth in, it what doubt, that the very dashing of the water, This is that cometh from the sea, is more proper to strike will fill with water, fresh and potable. commonly practised upon the coast of Barbary, off the salt part, than where the water slideth of where other fresh water is wanting. And Caesar her own motion. knew this well when he was besieged in Alexan 3. It seemeth percolation, or transmission, which
:
dria; for by digging of pits in the sea-shore, he did frustrate the laborious works of the enemies,
which had turned the seawater upon the wells of Alexandria; and so saved his army, being then in desperation. But Caesar mistook the cause, for he thought that all sea-sands had natural springs of fresh water but it is plain, that it is the sea-water ; becaus the pit filleth according to the measure of the tide; and seawater passing or
:
commonly called straining, is a good kind of separation, not only of thick from thin, and gross .from fine, but of more subtile natures; and varieth according to the body through which the trans
is
mission
is
made: as
if
through a woollen bag, the
liquor leaveth the fatness; if through sand, the saltness, &c. They speak of severing wine from
water, passing it through ivy wood, or through non constat." other the like porous body ; but
"
straining through the sands, leaveth the saltness. 2. I remember to have read, that trial hath been made of salt-water passed through earth, through
of trees, which we see to be com monly shining and clear, is but a fine passage or straining of the juice of the tree through the wood
4.
The gum
ten vessels, one within another ; and yet it hath not lost its saltness, as to become potable : but
the
same man
saith, that,
by
relation of another,
and bark. And in like manner, Cornish dia monds, and rock rubies, which are yet more re splendent than gums, are the fine exudations of
stone.
5. Aristotle
hecome
salt-water drained through twenty vessels hath fresh. This experiment seemeth to cross
giveth the cause, vainly,
why
the
and yet feathers of birds are more lively colours than the but in part, if it be true that twenty repetitions hairs of beasts; for no beast hath any fine azure, do the effect. But it is worth the note, how poor or carnation, or green hair. He saith, it is be the imitations of nature are in common courses of cause birds are more in the beams of the sun than
that other of pits the sea-side
;
made by
there
experiments, except they be led by great judg ment, and some good light of axioms. For first, is no small difference v-e .ween a passage of
beasts; but that is manifestly untrue; for cattle are more in the sun than birds, that live commonly in
water through twenty small vessels, and through such a distance, as between the low-water and
high-water mark.
The true cause is, the woods, or in some covert. that the excrementitious moisture of living crea
tures,
which maketh as well the feathers
in birds,
Secondly, there is a great dif ference between earth and sand ; for all earth h ith in it a kind of nitrous salt, from which sand is
as the hair in beasts, passeth in birds through a finer and more delicate strainer than it doth in and hair beasts: for feathers quills;
pass through
more
and besides, earth doth not strain the water so finely as sand doth. But there is a third that I suspect as much or more than the point,
free;
through skin.
G. The clarifying of liquors hy adhesion, id an inward percolation; and is effected, when some cleaving body is mixed and agitated with the li
other; and that is, that in the experiment, of trans mission of the sea-water into the pits, the water
riseth
;
quors
i
whereby
tin-
irrosser
part of the
liquor
hut in the experiment of transmission of
sticks to that cleaving
body
aud so the
finer parts
NATURAL HISTORY.
aro freed from the grosser.
claril v
CKNT.
I.
So
the apothecaries
their
syrups by whites of eggs, beaten
with the juices which they would clarity; which whites fijirs gather all the dre^s and grosser parts of the juice to them; and after the syrup r set on the fire, the whiten of L S them
"f
e<_r
you strike or pierce a solid body that is as glass, or sugar, it breaketh not only where the immediate force i.s; but hreaketh all
10. If
brittle,
about into shivers and
litters;
the motion,
the pressure, searching all ways, where it findeth the body weakest.
upon and breakiny
So hippocras by mixing with milk, and stirring it about, and then passing it through a woollen bag, which they call Hippocrates s Sleeve, and the cleaving nature of the milk draweth the powder
selves harden, and are taken forth.
is clarified
11. The powder in shot, being dilated into such aflame asendureth not compression, move h likewise in round, the flame being, in the nature
of a liquid body, sometimes recoiling, sometimes breaking the piece, but generally discharging the
bullet,
of the spices, and grosser parts of the liquor to it; and in the passage they stick upon the woollen
because there
it
findeth easiest deliver
ance.
bag.
7. Theclarify-ingofwaterisan experiment tend ing to health ; besides the pleasure of the eye, when water is crystalline. It is effected by cast ing in and placing pebbles at the head of a cur rent, that the water may strain through them.
This motion upon pressure, and the reci procal thereof, which is motion upon tensure, wo use to call, by one common name, motion of li berty ; which is, when any body, being forced to
12.
a preternatural
extent or dimension, delivereth

as
and restoreth
itself to the natural:
when
;i
be, percolation doth not only cause clearness and splendour, but sweetness of savour ;
8. It
may
for that also followeth as well as clearness,
when
blown bladder pressed, nseth again; or when leather or cloth tentured, spring back. These two motions, of which there be infinite instances,
the finer parts are severed from the grosser. is found, that the sweats of men, that have
heat,
and
and exercise much, and have clean skins, do smell sweet; as was said of Alexander; and we see commonly that gums have sweet odours.
fine
So it we shall handle in due place. 13. This motion upon pressure is much excellently as when one chim bodies, also demonstrated in sounds
;
but as soon as he upon a bell, it soundeth layeth his hand upon it, the sound ceaseth and so the sound of a virginal string, as soon as the
eth
; :
quill of the jack falleth
Experiments in consort, touching motion of bodies
upon their pressure. 9. Take a glass, and put water into it, and wet your finger, and draw it round about the lip of the and after you glass, pressing it somewhat hard have drawn it some few times about, it will make the water frisk and sprinkle up in fine dew. This
;
from it, stoppeth. For these sounds are produced by the subtile percus sion of the minute parts of the bell, or string,
upon the air; all one, as the water is caused to leap by the subtile percussion of the minute parts of the upon the water, whereof we spake a little before in the ninth experiment. For you must not take it to be the local shaking of the
bell, or string, that
instance doth excellently demonstrate the force of
doth it: as
we
shall fully
compression in a solid body: for whensoever a declare, when we come hereafter to handle sounds. solid body, as wood, stone, metal, &c. is pressed, there is an inward tumult in the parts thereof Experiments in consort, touching separations of bodies by weight. seeking to deliver themselves from the compres sion and this is the cause of all violent motion. 14. Take a glass with a belly and a long neb ; Wherein it is strange in the highest degree, that fill the belly, in part, with water take also this motion hath never been observed, nor another glass, whereinto put claret wine and wa inquir ed ; it being of all motions the most common, and ter mingled ; reverse the first glass, with the belly the chief root of all mechanical This upwards, stopping the neb with your finger; operations. motion worketh in round at first, by way of proof then dip the mouth of it within the second glass, and search which way to deliver itself: and then and remove your finger: continue it in that posworketii in progress where it findeth the deliver re for a time ; and it will unmingle the wine ance easiest In liquors this motion is visible; from the water the wine ascending ?.nd settling for all liquors strucken make round circles, and in the top of the upper glass; and the water de withal dash ; but in solids, which break not, it is scending and settling in the bottom of the lower
: : :
so subtile as
it is
invisible; but nevertheless be-
glass.
The passage
is
apparent
to the
eye
for
wrayeth itself by many effects ; as in this instance you shall see the wine, as it were, in a small whereof we speak. For the pressure of the fin- vein, risinf through the water. For handsomeger, furthered hy the wetting, because it sticketh so ness sake, because the working requireth some much the better unto the lip of the glass, after Ismail time, it were good you hang the upper glass home continuance, pulteth all the small parts of upon a nail. Hut as soon as there is gathered so ihe glass into work, that they strike the water much pure and unmixed water in the bottom of nharply; from which percussion that sprinkling the lower u lass, as that the mouth of the upper cometh. glass dippeth into it, the motion ceaseth.
CJCHT
Let
tin-
N \TIR.\I. HISTORY.
upper
ijlass lie
tli
lower must of wine, or wort of beer, while it wnrketh, Let before it be tunned, the burrage, stay a small tin upper glass bt! water pure, the lower water time, and be often changed with fresh; it will coloured, or contrariwise, there followeth no mo make a sovereign drink for inel,ine!ily tion at all. But it hatli been tried, that though And the like I conceive of orange Mowers. the mixture of wine and water, in the lower 1 J. Rhubarb hath in it of
1")
w. no and
;it
tlio
Water;
there
lull. i\\.
no motion
all.
manifestly
parts
hut one wine, yet contrary operations: parts that purge; and parts This separation of that bind the body; and the first lie looser, and water and wine appeareth to be made by weight the latter lie deeper: so that if you infuse rhu for it must be of bodies of unequal weight, or barb for an hour, and crush it well, it will purge else it worketh not; and the heavier body must better, and bind the body less after the purging ever be in the upper glass. But then note withal, than if it had stood twenty-four hours; this is that the water being made pensile, and there tried; but I conceive likewise, that by repeating bring a great weight of water in the belly of the the infusion of rhubarb several times, as was glass, sustained by a small pillar of water in the said of violets, letting each stay in but a small neck of the glass, it is that which setteth the time, you may make it as strong a purging medi motion on work for water and wine in one glass, cine as scammony. And it is not a small thing with long standing, will hardly sever. won in physic, if you can make rhubarb, and 16. This experiment would be extended from other medicines that are as strong purbenedict, mixtures of several liquors, to simple bodies which gers as those that are not without some
I
glass, he three parts water an.
it
doth not dead the motion.
consist of several similar parts: try it therefore with brine or salt-water, and fresh water placing
:
malignity. 20. Purging medicines, for the most part, have
the salt-water, which is the heavier, in the upper glass; and see whether the fresh will come
their purgative virtue in a fine spirit; as appear eth by that they endure not boiling without much
loss of virtue.
And
therefore
it is
of good use in
Try it also with water thick sugared, and pure water ; and see whether the water, which cometh above, will lose its sweetness for which
above.
:
physic, if you can retain the purging virtue, and take away the unpleasant taste of the purger;
which
it
is like
oft,
you may
little
purpose
made
in
were good there were a the belly of the upper glass.

it
little
cock infusing
with
the horrible and odious taste
do, by this course of stay, for it is probable that is in the grosser part.
Experiments in
consort, touching judicious accurate infusions, both in liquors and air.
and
21. Generally, the working by infusions is gross and blind, except you first try the issuing of the several parts of the body, which of them
which do issue more speedily, and which more slowly; and so by apportioning the time, can take and This to leave that quality which you desire. body ceiveth the spirit; and a longer stay confoundeth know there be two ways the one to try what because it draweth forth the earthy part long stay, and what short stay worketh as hath it; And there been said ; the other to try in order the succeeding withal, which embaseth the finer. fore it is an error in physicians, to rest simply upon infusions of one and the same body, successively, the length of stay for increasing the virtue. But in several liquors. As, for example; take orange if you will have the infusion strong, in those pills, or rosemary, or cinnamon, or what you will kinds of bodies which have fine spirits, your way and let them infuse half an hour in water; then is not to give longer time, but to repeat the infu take them out, and infuse them again in other sion of the body oftener. Take violets, and in water; and so the third time and then taste and fuse a good pugil of them in a quart of vinegar consider the first water, the second, and the third let them stay three quarters of an hour, and take and you will find them differing, not only in them forth, and refresh the infusion with like strength and weakness, but otherwise in taste or quantity of new violets seven times ; and it will odour; for it may be the first water will have make a vinegar so fresh of the flower, as if, a more of the scent, as more fragrant; and the twelvemonth after, it be brought you in a saucer, second more of the taste, as more bitter or biting, you shall s.nell it before it come at you. Note, &c. that it smelleth more perfectly of the flower a 22. Infusions in air, for so we may well call odours, have the same diversities with infusions good while after than at first. 18. This rule, which we have given, is of sin in water; in that the several odours, which are
17. In bodies containing fine spirits,
easily dissipate, when you rule is, a short stay of the
make
infusions, the in the liquor re-
gular use for the preparations of medicines, and other infusions. As for example: the leaf of
burrage hath an excellent spirit to repress the fuliginous vapour of dusky melancholy, and so
to cure
one flower, or other body, issue at several times; some earlier, some later: so we find that violets, woodbines, strawberries, yield a pleasing
in
scent, that
ill
cometh
forth first;
but soon after an
madness: but nevertheless if the leaf be nfused long it yieldeth forth but a raw substance, of no virtue: therefore I suppose, that if in the VOL II. 2
Which scent quite differing from the former. is caused, not so much by mellowing, as by th late issuing of the grosser spirit.
10
23.
NATURAL HISTORY.
As we may
desire to extract
CENT.
1.
the
finest
of a good length, three or four foot deep within
some cases; so we may desire also to the same ground ; with one end upon the high So ground, the other upon the low. Cover the discharge them, as hurtful, in some other. wine burnt, by reason of the evaporating of the with brakes a good thickness, and c ast sand upon finer spirit, inflameth less, and is best in agues: the top of the brakes you shall see, saith he, opium loseth some of its poisonous quality, if it that after some showers are past, the lower end
spirits in
:
be vapoured out, mingled with spirits of wine, or the like sena loseth somewhat of its windiness
:
by decocting
pfiirits
are taken off
and generally, subtile or windy by incension, or evaporation.
of the trough will run like a spring of water which is no marvel, if it hold while the. rain water lasteth ; but he said it would continue long
:
time after the rain
And even
high
in infusions in things that are of too a spirit, you were better pour off the first
is past: as if the water did multiply itself upon the air, by the help of the coldness and condensation of the earth, and the
infusion, after a small time,
and use the
latter.
consort of the
first
water.
Experiment
solitary touching the appetite of con
Experiment
;
solitary touching the
venomous quality
tinuation in liquids.
of mansjlesh.
air within,
24. Bubbles are in the form of a hemisphere and a little skin of water without
and it seemeth somewhat strange, that the air should rise so swiftly while it is in the water;
should be stayed by so weak a cover as that of the bubble is. But as for the swift ascent of the air, while it is under
it
26. The French, which put off the name of name of the disease of Naples, do report, that at the siege of Naples,
the French disease unto the
there were certain
and when
cometh
to the top,
wicked merchants that barrelled some that had been lately slain in Barbary, and sold it for tunney and that upon that foul and high nourishment was the original
up man
s flesh, of
;
is a motion of percussion from the water; which itself descending driveth up the And air; and no motion of levity in the air. this Democritus called "motus plagse." In this
the water, that
of that disease.
is certain that
Which may
:
the cannibals in the
well be, for that it West Indies

Indies were full
eat
man
s flesh
of the pox
at this
and the West when they were first
discovered
and
common
experiment, the cause of the inclosure of the bubble is, for that the appetite to resist
separation, or
discontinuance, which
this
in
solid
day the mortalest poisons, practised by the West Indians, have some mixture of the blood, or fat, or flesh of man : and divers witches
bodies
is strong, is also in liquors,
and weaker; as we see in
though fainter and sorceresses, as well amongst the heathen, as of the bubble: amongst the Christians, have fed upon man s
flesh, to aid, as
it seemeth, their imagination, with high and foul vapours.
we
see
it
also in little
children
make
of rushes
glasses of spittle that and in castles of bub
bles, which they make by blowing into water, the version and trans having obtained a little degree of tenacity by Experiment solitary touching mutation of air into water. mixture of soap we see it also in the stillicides of water, which if there be water enough to fol 27. It seemeth that there be these ways, in low, will draw themselves into a small thread, likelihood, of version of vapours of air into because they will not discontinue ; but if there water and moisture. The first is cold; which be no remedy, then they cast themselves into doth manifestly condense; as we see in the con round drops; which is the figure that saveth the tracting of the air in the weather-glass; whereby body most from discontinuance : the same reason it is a degree nearer to water. We see it also in is of the roundness of the bubble, as well for the the generation of springs, which the ancients
:
skin of water, as for the air within for the air likewise avoideth discontinuance ; and therefore
:
casteth itself into a rough figure. And for the stop and arrest of the air a little while, it showeth
that the air of itself hath little or no appetite of
thought, very probably, to be made by the version of air into water, holpen by the rest, which the air hath in those parts; whereby it cannot dissi
ascending.
And by the coldness of rocks; for there see it also in springs are chiefly generated. the effects of the cold of the middle region, as
pate.
We
they call
it,
Experiment
25.
solitary touching the cial springs.

rejection,
making
of
artifi
and
rains.
And
of the air; which produceth dews the experiment of turning water
The
which
continually use, of
:
into ice, by snow, nitre, and salt, whereof we shall speak hereafter, would be transferred to the
turning of air into water. The second way is by compression ; as in stillatories, where the vapour and of great use, I receive it, but deliver it as is turned back upon itself, by the encounter of doubtful. It was reported by a sober man, that the sides of the stillatory ; and in the dew upon an artificial spring may be made thus Find out the covers of boiling pots; and in the dew But n hanging ground, where there is a good quick towards rain, upon marble and wainscot. fall of rain-waterLay a half trough of stone, this is like to do no great effect; except it be
experiments, though it appeareth not, is infinite but yet if an experiment be probable in the work,
CENT.
I.
NATTIf M, HISTORY.
air,
upon vapours, and gross

v.
that
are
already
Experiment
solitary touching
it
tit.
the condensir.g cf
TV near in degree
ni:iy
1"
to water.
into,
The
third is that,
air in such sort a*
may put on wtL
which
searched
l>v
but doth not yet
yield nourishnu
mingling of moist vapours appear; which is, with air; and trying if they will not bring a re turn of more water than the water was at first for if so, that increase is a version of the air
: :
29. Onions, as they hang, will many of them shoot forth ; and so will penny-royal ; and so
will
an herb called orpin; with which they use

it
therefore put water in the bottom of a stillatory, with the neb stopped; weigh the water first; hang in the middle of the stillatory a large sjumnr and see what quantity of water you can
;
in the country to trim their houses, binding lath or stick, and setting it against a wall.
to a
We
likewise more especially in the greater semper-vive, which will put out branches, two or three years: but it is true, that commonly they
see
it
crush out of it; and what it is more or less com pared with the water spent; for you must under stand, that if any version can be wrought, it will
wrap the root in a cloth besmeared with oil, and renew it once in half a year. The like is reported, by some of the ancients, of the stalks of lilies.
be easiliest done in small pores and that is the reason why we prescribe a spunge. The fourth
:
The cause
way
is
which
small
without drawing help from the earth, to suffice the sprouting of the plant: and this sprouting is more easy for version; and chiefly in the late spring or early summer; which quantity We see also, that tangible bodies have no pleasure in the consort are the times of putting forth. of air, but endeavour to subact it into a more stumps of trees lying out of the ground, will put dense body ; but in entire bodies it is checked But it is a noble trial, forth sprouts for a time. because if the air should condense, there is and of very great consequence, to try whether nothing to succeed therefore it must be in loose these things, in the sprouting, do increase weight; bodies, as sand, and powder; which we see, if which must be tried, by weighing them before they lie close, of themselves gather moisture. they be hanged up; and afterwards again, when they are sprouted. For if they increase not in Experiment solitary touching helps towards the weight, then it is no more but this; that what beauty and good features of persons. they send forth in the sprout, they lose in some
is,
of bodies:
probable also, though not appearing; by receiving the air into the small pores for, as hath been said, every thing in
is
is ; for that these plants have a strong, dense, and succulent moisture, which is not apt to exhale; and so is able, from the old store,
28. It is reported
by some of the ancients; other part

"magnale
for if
they gather weight, then

for
it it
it
is
that whelps, or o\her creatures, if they be put young into such a cage or box, as they cannot rise to their stature, but may increase in breadth
showeth that air may be made so to be condensed as to be con verted into a dense body whereas the race and
naturae;"
;
get room ; which if it be true and feasible, and that and straitened, the young creature so pressed
or length, will
grow accordingly as they can
period of all things, here above the earth, is to extenuate and turn things to be more pneumatical and rare; and not to be retrograde, from pneu
it is a means to produce matical to that which is dense. It showeth also, dwarf creatures, and in a very strange figure. that air can nourish ; which is another great This is certain, and noted long since, that the matter of consequence. Note, that to try this, pressure or forming of parts of creatures, when the experiment of the semper-vive must be made
doth not thereupon die,
they are very young, doth alter the shape not a little as the stroking of the heads of infants,
:
"
without oiling the cloth
for else,
it
may
oil.
be, the
plant receiveth nourishment from the
between the hands, was noted of old, to make which shape of the head, at Experiment solitary touching the commixture of Macrocephali that time, was esteemed. And the raising gently flame and air, and the great force thereof. 30. Flame and air do not mingle, except it be of the bridge of the nose, doth prevent the de Which observation in an instant; or in the vital spirits of vegetables formity of a saddle nose. well weighed, may teach a means to make the and living creatures. In gunpowder, the force persons of men and women, in many kinds, of it hath been ascribed to rarefaction of the more comely and better featured than otherwise earthy substance into flame; and thus far it is they would be; by the forming and shaping of true: and then, forsooth, it is become another them in their infancy: as by stroking up the element; the form whereof occupieth more place; calves of the legs, to keep them from falling and so of necessity, followeth a dilatation; and down too low; and by stroking up the forehead, therefore, lest two bodies should be in one place, to keep them from being low-foreheaded. And there must needs also follow an expulsion of tho But these the mine. it is a common practice to swathe infants, that pellet; or blowing up of For flame, are crude and ignorant speculations. they may grow more straight, and better shaped and we see young women, by wearing strait if there were nothing else, except it were in very
;"
bodice, keep themselves from being gross and

corpulent.
he great quantity, will
sutY->cate
with any hard
body, such as a pellet
is
or the barrel of a 5110,
If
NATURAL HISTORY.
It
CENT.
I.
BO as the flame would not expel the hard body ; but the hard body would kill the flame, and not
suffer
it
to kindle or spread.
this so potent a motion, is the nitre,
But the cause of which we call

it
otherwise saltpetre, which having in
a notable
crude and windy spirit, first by the heat of the fire suddenly dilateth itself; and we know that simple air, being preternaturally attenuated by
pyramis in which we usually see, is merely by acci dent, and that the air about, by quenching the sides of the flame, crusheth it, and extenuateth it into that form for of itself it would be round ; and therefore smoke is in the figure of a pyramis reversed for the air quencheth the flame, and receiveth the smoke. Note also, that the flame
flame,
; ;
appeareth also, that the form of a
heat, will make itself room, and break and of the candle, within the flame of the spirit of blow up that which resisteth it; and secondly, wine, is troubled ; and doth not only open and when the nitre hath dilated itself, it bloweth move upwards, but moveth waving, and to and abroad the flame, as an inward bellows. And fro ; as if flame of its own nature, if it were not therefore we see that brimstone, pitch, camphire, quenched, would roll and turn, as well as move wild-fire, and divers other inflammable matters, upwards. By all which it should seem, that the though they burn cruelly, and are hard to quench, celestial bodies, most of them, are true fires ol yet they make no such fiery wind as gunpowder flames, as the Stoics held ; more fine, perhaps, doth ; and on the other side, we see that quick and rarified than our flame is. For they are all silver, which is a most crude and watery body, globular and determinate; they have rotation; and they have the colour and splendour of flame: heated, and pent in, hath the like force with gun powder. As for living creatures, it is certain, so that flame above is durable, and consistent, and
their vital spirits are a substance
compounded of
in its natural place
but with us
:
it is
a stranger,
that
an airy and flamy matter; and though air and flame being free, will not well mingle ; yet bound in by a body that hath some fixing, they will.
;
and momentary, and impure halted with his fall.
like
Vulcan
For that you may best see in those two bodies, Experiment solitary touching the different force of which are their aliments, water and oil for they flame in the midst and on the sides. likewise will not well mingle of themselves but 32. Take an arrow, and hold it in flame for the in the bodies of plants, and living creatures, they space of ten pulses, and when it cometh forth, will. It is no marvel therefore, that a small you shall find those parts of the arrow which quantity of spirits, in the cells of the brain, and were on the outsides of the flame more burned, canals of the sinews, are able to move the whole blacked, and turned almost into a coal, whereas body, which is of so great mass, both with so that in the midst of the flame will be as if the This is an instance great force, as in wrestling, leaping; and with fire had scarce touched it.
;
so great swiftness, as in playing division upon the lute. Such is the force of these two natures,
air
of great consequence for the discovery of the nature of flame; and showeth manifestly, that
and flame, when they incorporate.

solitary touching the secret nature of
flame burneth more violently towards the sides than in the midst and which is more, that heat
:
Experiment
or fire is not violent or furious, but
where
it
is
flame.
31. Take a small way candle, and put it in a socket of brass or iron; then set it upright in a then set porringer full of spirit of wine heated both the candle and spirit of wine on fire, and you
:
shall see the flame of the candle
open
itself,
and
become four or five times bigger than otherwise it would have been and appear in figure globu
;
lar,
and not
in pyramis.
You
shall see also, that
checked and pent. And therefore the Peripate tics, howsoever their opinion of an element of fire above the air is justly exploded, in that point for being opposed, they acquit themselves well that if there were a sphere of fire, that encom the earth so near hand, it were impossible passed but all things should be burnt up ; they answer, that the pure elemental fire, in its own place, and not irritated, is but of a moderate heat.
:
the inward flame of the candle keepeth colour, and doth not wax any whit blue towards the
Experiment
colour of the outward flame of the spirit of wine. This is a noble instance; wherein two things
solitary touching the decrease of the natural motion of gravity, in great distance from the earth ; or within some dtpth of the eartu.
most remarkable: the one, that one flame within another quencheth not; but is a fixed body, and continueth as air or water do. And therefore flame would still ascend upwards in one
are
33. It is affirmed constantly by many, as a usual experiment, that a lump of ore in the bottcm of a mine will be tumbled and stirred by
two men
greatness, if it were not quenched on the sides: and the greater the flame is at the bottom, the
s strength, which, if you bring it to the top of the earth, will ask six men s strength at It isâ noble instance, and is the least to stir it.
fit
The other, t .at flame doth higher is the rise. not mingle with flame, as air doth with air, or water witli water, but only remaineth contiguous ; an h conieth to pass betwixt consisting bodies.
to
be
tried to the full
for
it is
very probable,
:
that the motion of gravity worketh weakly, both the far from the earth, and also within the earth
former, because the appetite of union of dense
CENT.
bodies
is
I.
N\TI,RAl. HISTORY.
rartli, in p-sj.rct
ia
\\itli tin-
f the distance,
more dull: the

;itt;iined
hitter,
its
because the body hath
in part
nature
when
it
is
in
some
to a
the medicine, or by the quantity. The qualities are three; extreme bitter, as in aloes, ci loquintida, &c. loathsome and of horrible taste, as in
depth
in the earth.
For as
for the
moving
point or place, which was the opinion of the an cients, it is a mere vanity.
Experiment
it-s
solitary touching the contraction of in bulk, by the mixture of the more liquid
il/i t/ir.
more
vnlitl.
34.
It is
strange
how
the ancients took up ex
periments upon credit, and yet did build great matters upon them. .The observation of some of the best of them, delivered confidently, is, that a
vessel
filled
quantity of water that
with ashes will receive the like it would have done if it
But this is utterly untrue, for And I not go in by a fifth part. suppose, that that fifth part is the di (Terence of the lying close, or open, of the ashes; as we see
had been empty.
the \v;iter will
that ashes alone, if they be hard pressed, will lie and so the ashes with air between, in less room
:
lie
looser;
and with water closer.
For
have
not yet found certainly, that the water itself, by mixture of ashes or dust, will shrink or draw
into less room.
&c. and of secret mah _r and disagreement towards man s body, many times not appearing much in the taste, as in And scammony, mechoachan, antimony, &c. note well, that if there be any medicine that purgeth, and hath neither of the first two manifest qualities, it is to be held suspected as a kind of poison; for that it worketh either by corrosion, or by a secret malignity, and enmity to nature; and therefore such medicines are warily to be prepared and used. The quantity of that which is taken doth also cause purging; as we see in a great quantity of new milk from the cow ; yea and a great quantity of meat ; for surfeits many times turn to purges, both upwards and down wards. Therefore we see generally, that the working of purging medicines cometh two or for that three hours after the medicines taken the stomach first maketh a proof whether it can concoct them. And the like happeneth after sur feits, or milk in too great quantity. 37. A second cause is mordication of the orifices
agaric, black hellebore,
nity,
:
as
Experiment
35.
It is
making
vines
of the parts; especially of the mesentery veins ; it is seen, that salt, or any such thing that is sharp and biting, put in the fundament, doth pro
more fruitful.
reported of credit, that if you lay good store of kernels of grapes about the root of a vine, it will make the vine come earlier and
It may be tried with other ker prosper better. nels laid about the root of a plant of the same xind ; as figs, kernels of apples, &c. The cause
voke the part to expel ; and mustard provoketh sneezing: and any sharp thing to the eyes pro voketh tears. And therefore we see that almost
all
tion, besides
purgers have a kind of twitching and vellicathe griping which cometh of wind.
if this
little
And
it
modication be
in an over-high degree,
is
better than the corrosion of poison;
draw out of the earth and it cometh to pass sometimes in antimony, may juice fit to nourish the tree, as those that would especially if it be given to bodies not replete with be trees of themselves, though there were no humours; for where humours abound, the hu root; but the root being of greater strength rob- mours save the parts. beth and devoureth the nourishment, when they for I do not 38. The third cause is attraction have drawn it as great fishes devour little. deny, but that purging medicines have in them
be, for that the kernels
:
:
Experiments in consort touching purging medi

cines.
as drawing plaisters have in surgery and we see sage or betony bruised, sneezing powder, and other powders, or a direct force of attraction:
:
operation of purging medicines and the causes thereof, have been thought to be a
36.
The
great secret;
and so according
it
to
the slothful
manner of men,
is referred to
a hidden proprie
ty, a specifical virtue, and a fourth quality, the like shifts of ignorance. The causes of
and
purg as rhubarb ing are divers: all plain and perspicuous, and according to the opinion received thoroughly maintained by experience. The first drawethcholer; sena melancholy ; agaric phlegm, that whatsoever cannot be overcome and di draw promiscu is, &c. but yet, more or less, they And note also, that besides sympathy gested by the stomach, is by the stomach either ously. vomit, or put down to the guts; and between the purger and the humour, there is alsr put up by by that motion of expulsion in the stomach and another cause why some medicines draw some,
:
liquors, which the physicians call "errhines," put into the nose, draw phlegm and water from the head and so it is in apophlegmatisms and gargarisms, that draw the rheum down by the And by this virtue, no doubt, some pur palate. gers draw more one humour, and some another,
;
guts, other parts of the body, as the orifices of the veins, and the like, are moved to expel by con sent. For nothing ts moro frequent than motion
humour more than another. And it is, for that some medicines wark quicker than others and
:
of consent in the body of man. This surchar^rof the stomach is caused either by the quality of
and they that draw quick, draw only the lighter more fluid humours; and they that draw slow, and viscous humours. work upon the more tough
11
NATURAL HISTORY.
therefore
CENT.
they take alone familiarly; for it take tli only the lightest part of the humour away, ami Iraveth the mass of humours more obstinate.
And
men must beware how

like,
rhubarb,
and the
are well digested of the stomach, and well re ceived also of the mesenteiy veins; so they come
as far as the liver, w-hich sendeth urine to the bladder, as the whey of blood: and those medi
And
is
the like
may
be said of
wormwood, which
M much magnified.
39.
cines being opening and piercing do fortify the operation of the liver, in sending down the wheyey
stirred
cause is flatuosity ; for wind to expel : and we find that in ef fect all purgers have in them a raw spirit or wind ; cause of tortion in the sto which is the
The
fourth
moveth
For medicines urinativedonot work by rejection and indigestion,

part of the blood to the reins.
as solutive do. 44. There be divers medicines, which in greater quantity move stool, and in smaller urine : and so contrariwise, some that in greater quantity move urine, and in smaller stool. Of the former
sort is rhubarb,
for that
principal
purgers lose, most of them, the virtue by decoction upon the lire ; and for that cause are given chiefly in in
belly.
mach and
And
therefore
and some others. The cause is, is a medicine which the stomach so in a small quantity doth digest and overcome, as when water is crushed out of a sponge we see that taking cold moveth looseness by being not flatuous nor loathsome, and so sendeth contraction of the skin and outward parts ; and it to the mesentery veins; and so being opening but in a greater quantity, so doth cold likewise cause rheums, and deflux- it helpeth down urine ions from the head ; and some astringent plaisters the stomach cannot overcome it, and so it goeth This kind of opera to the guts. crush out purulent matter. Pepper by some of the ancients is tion is not found in many medicines; myrobolanes noted to be of the second sort; which being in have it ; and it may be the barks of peaches ; small quantity, moveth wind in the stomach and for this virtue requireth an astriction ; but such guts, and so expelleth by stool ; but being in an astriction as is not grateful to the body ; for a greater quantity, dissipateth the wind ; and itself getteth to the mesentery veins, and so to the liver pleasing astriction doth rather bind in the hu mours than expel them and therefore, such as and reins; where, by heating and opening, it sendeth down urine more plentifully. triction is found in things of a harsh taste. 41. The sixth cause is lubrefaction and relaxa tion. As we see in medicines emollient; such Experiments in consort touching meats and drinks
fusion, juice, or powder. 40. The fifth cause is compression or crushing;
:
rhubarb
have spoken of evacuating of the body : a secret virtue of relaxation in cold for the heat we will now speak something of the filling of it, of the body bindeth the parts and humours to by restoratives in consumptions and emaciating In vegetables, there is one part that is gether, which cold relaxeth : as it is seen in urine, diseases. blood, pottage, or the like ; which, if they be more nourishing than another ; as grains and roots And by this kind of nourish more than the leaves ; insomuch as the cold, break and dissolve. because the order of the Foliatanes was put down by the pope, relaxation, fear looseneth the belly heat retiring inwards towards the heart, the guts, as finding leaves unable to nourish man s body. and other parts are relaxed ; in the same manner Whether there be that difference in the flesh of as fear also causeth trembling in the sinews. living creatures is not well inquired, as whether And of this kind of purgers are some medicines livers, and other entrails be not more nourishing made of mercury. than the outward flesh. We find that amongst 42. The seventh cause is abstersion ; which the Romans, a goose s liver was a great delicacy ; is plainly a spouring off, or incision of the more insomuch as they had artificial means to make it viscous humours, and making the humours more fair and great ; but whether it were more nourish fluid and cutting between them and the part ing appeareth not. It is certain, that marrow is as is found in nitrous water, which scoureth linen more nourishing than fat. And I conceive that cloth speedily from the foulness. But this incision some decoction of bones and sinews, stamped and must be by a sharpness, without astriction which well strained, would be a very nourishing broth : we find in salt, wormwood, oxymel, and the like. we find also that Scotch skinck, which is a pot 43. There be medicines that move stools, and tage of strong nourishment, is made with the not urine; some other, urine, and not stools. knees and sinews of beef, but long boiled jelly Those that purge by stool are such as enter not also, which they use for a restorative, is chiefly at all, or little, into the mesentery vein: but made of knuckles of veal. The pulp that is with either at the first are not digestible by the stomach, in the crawfish or crab, which they spice and and therefore move immediately downwards to butter, is more nourishing than the flesh of the
45.
"We
: : ; ;
:
as are milk, honey, mallows, lettuce, mercurial, There is also pellitory of the wall, and others.
that are
most nourishing.
or else are afterwards rejected by the crab or crawfish. The yolks of eggs are clearly mesentery veins, and so turn likewise downwards more nourishing than the whites. So that it to the guts and of these two kinds are most should seem, that the parts of living creatures that B-it those that move urine are such as lie more inwards, nourish more than the outward purpe/s.
tne guts
CENT.
flesh;
1.
NATURAL HISTORY.
it
If
except
be the brain: which the spirits
">().
istachoes, so they be good, and not musty,
virtue pn-y ton much upon, to leave it any great it secmeth for the nourishing of of nourishing, aged men, or men in consumptions, sonic such
into a
joined with almonds in almond milk; or maile milk of themselves, like unto almond milk, but more green, are an excellent nourishei : but
thing shoulil l)t) devised, as should be half chylus, before it be put into the stomach.
It!.
you
shall do well to add a little ginger, scraped, because they are not without some subtile wi-idi-
Take two
fire,
large capons
is
soft
by the space of an hour

blood
parboil them upon or more, till in

in the decoction
ness.
51.
Milk warm from the cow
is
found to be a
elVcet all the
gone.
Add
the
pill
milk the cow, two little bags; the one of powder and throw them away. Then with a good strong of mint, the other of powder of red roses ; for they rhnpping-knife mince the two capons, bones and keep the milk somewhat from turning or curdling in the stomach ; and put in sugar also, for the all, as small as ordinary minced meat; put them into a large neat boulter ; then take a kilderkin same cause, and hardly for the taste s sake ;
of a citron, and a
of a sweet lemon, or a good part of the pill Cut off the shanks, little mace.
great nourisher, and a good remedy in consump tions : but then you must put into it, when you
sweet and well seasoned, of four gallons of beer, of 8s. strength, new as it cometh from the tun
:
but you must drink may stay less time

:
a
in
good draught, that

the
it
stomach,
lest
it
into which you milk the ning: make in the kilderkin a great bung-hole of curdle and let the cup of hot water, that purpose then thrust into it the boulter, in which cow, be set in a greater cup And ccw milk thus pre the capons are, drawn out in length ; let it steep you may take it warm. in it three days and three nights, the bung-hole pared, I judge to be better for a consumption than open to work, then close the bung-hole, and so let ass milk, which, it is true, turneth not so easily, but it is a little harsh ; marry it is more proper it continue a day and half; then draw it into bot for sharpness of urine, and exulceration of the tles, and you may drink it well after three days
bottling; and
It
it will last six weeks: approved. drinketh fresh, flowereth and mantleth exceed it drinketh not newish at all ; it is an ex ingly ;
bladder, and all manner of lenifying. milk likewise is prescribed, when all
Woman
;
i
I
fail
but
cellent drink fora consumption, to be alone, or carded with some other beer.
drunk either
It
commend it juice of man
not, as being a little too near the s body, to be a good nourisher; ex
quench-
eth thirst, and hath no whit of windiness. Note, that it is not possible, that meat and bread, either
in broths, or taken with drink, as is used, should
cept it be in infants, to whom it is natural. 52. Oil of sweet almonds, newly drawn, with sugar and a little spice, spread upon bread toasted,
get forth into the veins and outward parts so finely and easily as when it is thus incorporate, and made almost a chylus aforehand. 47. Trial would be made of the like brew with potatoe roots, or burr roots, or the pith of arti chokes, which are nourishing meats : it may be tried also with other flesh ; as pheasant, partridge,
young pork,
&c.
pig, venison, especially of young deer,
an excellent nourisher but then to keep the from frying in the stomach, you must drink a good draught of mild beer after it ; and to keep it from relaxing the stomach too much, you must put in a little powder of cinnamon. 53. The yolks of eggs are of themselves so well prepared by nature for nourishment, as, so they be poached, or reare boiled, they need no other prepa ration or mixture; yet they may be taken also raw, when they are new laid, with Malmsey, or
is
:
oil
48. A mortress made with the brawn of capons, sweet wine you shall do well to put in some few stamped and strained, and mingled, after it is slices of eryngium roots, and a little ambergrice; the least, of almond for by this means, besides the immediate faculty made, with like quantity, at butter, is an excellent meat to nourish those that of nourishment, such drink will strengthen the
:
are
weak;
is
better
than blanckmanger, or jelly
back, so that
fast;
for
it
will not
draw down the urine
too
the cull ice of cocks, boiled thick with the like mixture of almond butter; for the mort
and so
too
much
urine doth
always hinder
nourishment.
54. Mincing of meat, as in pies, and buttered minced meat, saveth the grinding of the teeth; and therefore, no doubt, it is more nourishing, that have weak teeth ; especially in age, or to them
ress or cullice, of itself, is
more savoury and
nourishing of weak bodies ; but the almonds, that are not of so high a taste as flesh, do excellently qualify it.
strong, and
not so
fit
for
an excellent but the butter is not so proper for weak bodies ; nourishment; but it must be throughly and therefore it were good to moisten it with a or orange, cut boiled, and made into a maiz-cream like a barley- little claret wine, pill of lemon cream. I judge the same of rice, made into a small, sugar, and a very little cinnamon or nut cream ; for rice is in Turkey, and other countries meg. As for chuets, which are likewise minced of the east, most fed upon; but it must be meat, instead of butter and fat, it were good to or almond, or thoroughly boiled in respect of the hardness of moisten them, partly with cream, or maiz-cream; adding it, and also because otherwise it bindeth the body pistacho milk: or barley, a little coriande; s-. ed and caraway seed, and A too much.
49. Indian maiz hath, of certain,
spirit of
L6
1
1
NATURAL HISTORY.
CENT.
1.
very i** * saffron. The more full handling of diin)t-t;U n wo reserve to the due place.
that the spirits do loss spend the noui/shment in creature* are awake, and sleep, than when living
have hitherto handled the particulars which and easiest, and plentifullest nourish ment; and now we will speak of the best means of conveying and converting the nourishment.
\V-.>
vield best,
because, that which is to the present purpose, it helpeth to thrust out the nourishment into the
55. The first means is to procure that the nourish ment may not be rcbbed and drawn away where
;
in that
rial
;
which we have already said is very mate to provide that the reins draw not too strong
be
Therefore in aged men, and weak bodies, parts. and such as abound not with choler, a short sleep after dinner doth help to nourish; for in such bodies there is no fear of an over-hasty digestion, which is the inconvenience of postmeridian sleeps.
ly an over preat part of the blood into urine. this add that precept of Aristotle, that wine
To what
Sleep also in the morning, after the taking of some of easy digestion, as milk from the cow,
nourishing broth, or the like, doth further nourish this would be done sitting upright,
forborne in
all
consumptions; for that the
spirits
ment: but
to the
of the wine do prey upon the roscid juice of the body, and inter-common with the spirits of the
that the milk or broth
may pass
the
more speedily
bottom of the stomach.
58. The fourth means is, to provide that the body, and so deceive and rob them of their nourish ment. And therefore, if the consumption, grow parts themselves may draw to them the nourish ing from the weakness of the stomach, do force ment strongly. There is an excellent observation you to use wine, let it always be burnt, that the of Aristotle; that a great reason, why plants, quicker spirits may evaporate ; or, at the least, some of them, are of greater age than living crea
whereas living creatures put forth growth, nothing that is young, but hair and nails, which are excrements, and no And it is most certain, that whatsoever is parts. strained. But chiefly Hippocrates s rule is to be young, doth draw nourishment better than that followed, who adviseth quite contrary to that which is old ; and then, that which is the myste which is in use : namely, that the linen or gar ry of that observation, young boughs, and leaves, ment next the flesh be, in winter, dry and oft calling the sap up to them, the same nourisheth changed; and in summer seldom changed, and the body in the passage. And this we see nota smeared over with oil ; for certain it is, that any bly proved also, in that the oft cutting, or polling substance that is fat, doth a little fill the pores of of hedges, trees, and herbs, doth conduce much to the body, and stay sweat in some degree but the their Transfer therefore this observation lasting. more cleanly way is, to have the linen smeared to the helping of nourishment in living creatures lightly over with oil of sweet almonds; and not the noblest and principal use whereof is, for the
and boughs
:
quenched with two little wedges of gold, six or seven times repeated. Add also this provision, nottoomuch expense of the nourish ment, by exhaling and sweating; and therefore if the patient be apt to sweat, it must be gently re
that there be
tures, is, for that they yearly put forth

after their period of
new
leaves
to forbear shifting as oft as is 56. The second means is, to
fit.
send forth the nou
prolongation of life ; restoration of some degree of youth, and inteneration of the parts ; for certain
it is,
rishment into the parts more strongly ; for which the working must be by strengthening of the
that there are in living creatures parts that
nourish and repair easily, and parts that nourish ; this, because the stomach is and repair hardly ; and you must refresh and renew chiefly comforted by wine and hot things, which those that are easy to nourish, that the other may otherwise hurt, it is good to resort to outward ap be refreshed, and as it were, drink in nourishment Wherein it hath been in the passage. Now we see that draught oxen, plications to the stomach tried, that the quilts of roses, spices, mastic, worm put into good pasture, recover the flesh of young wood, mint, &c. are nothing so helpful, as to take beef; and men after long emaciating diets wax a cake of new bread, and to bedew it with a little plump and fat, and almost new so that you may sack, or Alicant, and to dry it, and after it be dried surely conclude, that the frequent and wise use a little before the fire, to put it within a clean of those emaciating diets, and of purgings, and
stomach
and in
napkin, and to lay it to the stomach ; for it is cer perhaps of some kind of bleeding, is a principal tain, that all flour hath a potent virtue of astric- means of prolongation of life, and restoring some tion ; in so much as it hardeneth a piece of flesh, degree of youth ; for as we have often said, death or a flower, that is laid in it and therefore a bag cometh upon living creatures like the torment of
:
quilted with bran is likewise very good ; but it drieth somewhat too much, and therefore it must
Mezentius
not
lie
long.
third
Mortua quin etiam jungebat corpora vivis Componens manibusque manus, atque oribn
JEn.
ora.
means, which may be a branch of the former, is to send forth the nourishment For the parts in man s body easily reparable, as the better by sleep. For we see, that bears, and spirits, blood, and flesh, die in the embracement other creatures that sleep in the winter, wax ex- of the parts hardly reparable, as bones, nerves, and and certain it is, as it is membranes ; and likewise some entrails, which >ecdinff fat:
57.
The
viii. 485.
commonly
believed
that sleep doth nourish
much, both
for
are they reckon amongst the spermatical parts,
CBNT.
hard
c;il
I.
NATURAL HISTORY.
hath heen said.
tlie
17
seldom infected. Knduring of this same observation also may be drawn to the tortures, by custom, hath been made more easy: emaciated bodies: the brooking of enormous quantity of meats, and jirrscnt purpose of nourishing unil therefore gentle frication draweth forth the so of wine or strong drink, hath heen, hy custom, nourishment, hy making tlic parts a little hungry, made to he without surfeit or drunkenness. And and heating them; whereby they call forth nou generally, diseases that are chronical, as coughs, rishment the hctter. Tliis frication I wish to he phthisics, some kinds of palsies, lunacies, &c. d.uie in the morning. It is also best done hy tht are most dangerous at the first: therefore a wise hand, or a piece of scarlet wool, wet a little physician will consider whether a disease be in
plague
are
to rep-air: though that division of spcrmatiAnd -and niciistrir.il parts he hut ;i conceit.
Ordinary keepers of the
shk
of
with the
oil
of almonds, mingled with a small

:
quantity of bay-svilt, or saffron we see that the very currying of horses doth make them fat, and
in
Li""d
liking.
fifth
5 J.
The
means
is, to
further the very act

is
of assimilation of nourishment; which
doneby
some outward emoluments, that make the parts more apt to assimilate. For which I have com pounded an ointment of excellent odour, which 1
call
whether the just cure of it be not full and if he find it to be such, let him re sort to palliation; and alleviate the symptom, without busying himself too much with the per fect cure and many times, if the patient be in deed patient, that course will exceed all expecta tion. Likewise the patient himself may strive, by little and little, to overcome the symptom in the acerbation, and so, by time, turn suffering into nature.
curable
;
or
of peril
Roman
ointment; vide the receipt.

;
The use
Experiment
solitary touching cure
of
it
would be between sleeps

"
for in the latter
by
excess.
sleep the parts assimilate chiefly.
Filum medicinale." and excesses: as excess of meat, excess of drink, There be many medicines, which by them extraordinary stirring or lassitude, and the like. selves would do no cure, but perhaps hurt; but The cause is, for that diseases of continuance get beingapplied in a certain order, one after another, an adventitious strength from custom, besides do great cures. I have tried, myself, a remedy so that their material cause from the humours for the gout, which hath seldom failed, but driven the breaking of the custom doth leave them only it in twenty-four hours space it is first to away to their first cause; which if it be any thing weak apply a poultis, of which vide the receipt, and will fall off. Besides, such excesses do excite then a bath, or fomentation, of which vide the re and spur nature, which thereupon rises more and then a plaister, vide the receipt. The ceipt forcibly against the disease. poultis relaxeth the pores, and maketh the humour cure by metitn of apt to exhale. The fomentation calleth forth the Experiment solitary touching
Experiment solitary touching
60.
; :
62. Divers diseases, especially chronical, such as quartan agues, are sometimes cured by surfeit
humour by vapours but yet in regard of the way made by the poultis, draweth gently and therefore draweth the humour out, and doth not draw more
; ;
consent.
withal a mixture,
a gentle fomentation, and hath though very little, of some The plaister is a moderate astrin stupefactive. gent plaister, which repelleth new humour from The poultis alone would make the part falling. more soft and weak, and apter to take the defluxion and impression of the humour. The fomen
to it; for
it is
There is in the body of man a great consent We see, it is in the motion of the several parts. children s sport, to prove whether they can rub upon their breast with one hand, and pat upon their forehead with another; and straightways they shall sometimes rub with both hands, or pat with both hands. We see, that when the spirits that come to the nostrils expel a bad scent, the
63.
stomach
is
ready to expel by vornit.
We
find
tation alone, if it were too weak, without way made by the poultis, would draw forth little ; if too strong, it would draw to the part, as well as draw from it. The plaister alone would pen the
that in consumptions of the lungs, when nature cannot cough, men fall into fluxes of the
expel by
humour already contained

asperate
it,
in the part,
and so ex
is said.
:
and then they die. So in pestilent diseases, fall they cannot be expelled by sweat, they likewise into looseness; and that is commonly
belly,
if
as well as forbid
all
new humour. There

two or three hours some
mortal.
contrive,
Therefore physicians should ingeniously
fore they
must be
taken in order, as
The
poultis is to be laid to for
the fomentation for a quarter of an hour, or
how, by emotions that are in their power, that are not in they may excite inward motions their power as by the stench qf feathers, or the
:
what
better, being used hot, and seven or eight like, they cure the rising of the mother. times repeated the plaister to continue on still, cure of diseases which Experiment solitary touching till the part be well confirmed. are contrary to predisposition. morbis minus," Experiment solitary touching cure by custom. 64. Hippocrates s aphorism, 6L T.iere is a secret way of cure, unpractised, is a good profound aphorism. It importcth, that sea by assuetude of that which in itself hurteth. diseases, contrary to the complexion, age, sex, Poisons have been made, by some, familiar, as son of the year, diet, &c. are more dangerous than
:
"in
VOL.
II
IS
NATURAL HISTORY.
CENT.
I.
those that are concurrent. A man would think into sharp vinegar, hath made a sudden recess of should be otherwise ; for that, when the acci the spirits, and stanched blood. Thirdly, by the dent of sickness, and the natural disposition, do recess of the blood by sympathy. So it hath been second the one the other, the disease should be tried, that the part that bleedeth, being thrust into
it
forcible and so, no doubt, it is, if you the body of a capon or sheep, new riptand bleed suppose like quantity of matter. But that which ing, hath stanched blood, as it seemeth, sucking maketh good the aphorism is, because such dis and drawing up, by similitude of substance, the eases do show a greater collection of matter, by blood it meeteth with, and so itself going back.
:
more
that they are able to overcome those natural in clinations to the contrary. And therefore in dis
Fourthly, by custom and time; so the Prince of Orange, in his first hurt by the Spanish boy, could no means to stanch the blood either by medi cine or ligament but was fain to have the orifice offence is in the quantity ; and the qualities are of the wound stopped by mens thumbs, succeed rectified of themselves. ing one another, for the space at the least of two days ; and at the last the blood by custom only Experiment solitary touching preparations before retired. There is a fifth way also in use, to let blood in an adverse part, for a revulsion. purging, and settling of the body afterwards.
eases of that kind, let the physician apply himself more to purgation than to alteration; because the
find
:
65. Physicians do wisely prescribe, that there be preparatives used before just purgations ; for Experiment solitary touching change of aliments. and medicines. it is, that purgers do many times great 67. It helpeth, both in medicine and aliment, hurt, if the body be not accommodated, both before and after the purging. The hurt that they to change and not to continue the same medicine The cause is, for that nature, do, for want of preparation before purging, is by and aliment still. the sticking of the humours, and their not coming by continual use of any thing, groweth to a sa
certain
in the body great pertur accidents during the purging; and also the diminishing and dulling of the work ing of the medicine itself, that it purgeth not
fair
away, which causeth

ill
tiety
bations and
And we see make them
and dullness, either of appetite or working. that assuetude of things hurtful doth
lose their force to hurt
;
as poison,
which with use some have brought themselves to And therefore it is no marvel, though work of preparation is brook. sufficiently double; to make the humours fluid and mature, things helpful by custom lose their force to help : and to make the passages more open for both I count intermission almost the same thing with thnse help to make the humours pass readily. change for that that hath been intermitted is
:
therefore the
And
former of these, syrups are most after a sort new. profitable and for the latter, apozemes, or prepar Experiment solitary touching diets. ing broths ; clysters also help, lest the medicine 68. It is found by experience, that in diets of But it is stop in the guts, and work gripingly. true, that bodies abounding with humours, and guaiacum, sarza, and the like, especially if they
for the
:
strict, the patient is more troubled in the begin ning than after continuance; which hath made some of the more delicate sort of patients give them over in the midst; supposing that if those diets trouble them so much at first, they shall not be able to endure them to the end. But the cause for it is is, for that all those diets do dry up humours, lodging of some humours in ill places certain, that there be humours, which somewhere rheums, and the like; and they cannot dry up in the body are quiet, and do little hurt ; until they have first attenuated ; and while the placed in other places, especially passages, do much humour is attenuated, it is more fluid than it was mischief. Therefore it is good, after purging, to before, and troubleth the body a great deal more, And there use apozemes and broths, not so much opening until it be dried up and consumed. as those used before purging ; but abstersive and fore patients must expect a due time, and not kick mundifying clysters also are good to conclude at them at the first.
and open weather, are preparatives in because they make the humours ; more fluid. But let a physician beware, how he purge after hard frosty weather, and in a lean For the hurt that body, without preparation. they may do after purging, it is caused by the
fat bodies,
be
themselves
with, to draw
away
the relics of the humours, that
may have descended to the lower region of the body. Experiments

Experiment solitary touching stanching of blood. 66. Blood is stanched divers ways. First, by astringents, and repercussive medicines. Second ly, by drawing of the spirits and blood inwards, which is done by cold, as iron or a stone laid to the neck doth stanch the bleeding of the nose; a.so it hath beun tried, that the testicles being put
in consort touching the production of

cold.
The producing
of cold
is
a thing very worthy
the inquisition; both for use and disclosure of causes. For heat and cold are nature s two hands,
chiefly worketh ; and heat we have in readiness, in respect of the fire ; but for cold we must stay till it cometh, or seek it in deep
whereby she
caves, or high mountains
and when
all is
lone,
CBNT.
I.
N ATI KAI, IIISTOKV.

it
we
cannot obtain
lire
in
any
threat
degree:
fur
.-.
furnaces of
an- far hotter than a
summer
Mm
driving away of spirits such as have some degree of heat: fur the hani.shm^ of the heat mi.
hut vaults or hills are not

frost.
much
colder than
a winter s
69. The first means of producing cold, is that which nature presenteth us withal naim ly, the
:
expiring of cold out of the inward parts of the earth in winter, when the sun hath no power to
leave any body cold. This we see in tl. tion of opium and stupefactives upon the spirits of living creatures: and it were not amiss to try opium, by laying it upon the top of a weather glass, to see whether it will contract the air; but
I
oVmbt
it
will not succeed
for besides that the
virtue of opium will hardly penetrate through This hath been such a body as glass, I conceive that by some, "primum frigidum." opium, and as well by ancient as by modern philoso the like, make the spirits fly rather by malignity, asserted, it was the tenet of Parmenides. It was than phers by cold. the opinion of the author of the discourse in Plu 75. seventhly, the same effect must follow tarch, for I take it that book was not Plutarch s upon the exhaling or drawing out of the warm
it;
:
overcome
the earth being, as hath been noted
the opinion of spirits, that doth upon the flight of the spirits. philosophy of There is an opinion that the moon is niagnetical of heat, as the sun is of cold and moisture Parmenides, and is the best of the novelists. it 70. The second cause of cold is the contact of were not amiss therefore to try it, with warm cold bodies; for cold is active and transitive into waters; the one exposed to the beams of Jie bodies adjacent, as well as heat: which is seen moon, the other with some screen betwixt fie in those things that are touched with snow or beams of the moon and the water, as we use to
own,
"
Telesius,
De primo frigido." It was who hath renewed the
cold water.
whether the former were also good to tory of snow and ice, such as they use for delicacy inquire, what other means there may be to draw to cool wine in summer; which is a poor and forth the exile heat which is in the air; for that
therefore,
for
:
And
whosoever will be an the sun

resort to a conserva
shade
and
to see
it
inquirer into nature, let
him
will
cool sooner.
And
contemptible use, in respect of other uses, that may be made of such conservatories.
71.
all
may
be a secret of great power to produce cold
weather.
The
tangible bodies
third cause is the primary nature of : for it is well to be noted, that
Experiments in
things whatsoever, tangible, are of themselves cold ; except they have an accessary heat by fire, for even the spirit of wine, or life, or motion
all
:
We
consort, touching the version and transmutation of air into water. have formerly set down the means of turn
chemical
oils,
which
little
are so hot in operation, are

;
ing air into water, in the experiment 27. But because it is "magnate naturae," and tendeth to
the subduing of a very great effect, and is also of manifold use, we will add some instances in
to the first touch cold
and
air itself
compressed,
and condensed a
72.
by blowing,
is cold.
fourth cause is the density of the body ; consort that give light thereunto. dense bodies are colder than most other 76. It is reported by some of the ancients, thai bodies, as metals, stone, glass, and they are longer sailors have used, every night, to hang fleeces of wool on the sides of their ships, the wool towards in heating than softer bodies. And it is certain, that earth, dense, tangible, hold all of the nature the water; and that they have crushed fresh
for all
The
The cause is, for that all matters tangi ble being cold, it must needs follow, that where the matter is most congregate, the cold is the
of cold.
greater. 73. The fifth cause of cold, or rather of increase
water out of them, in the morning for their use. And thus much we have tried, that a quantity of wool tied loose together, being let down into a
and vehemency of cold, is a quick spirit enclosed in a cold body as will appear to any that shall
:
deep well, and hanging in the middle, some three fathom from the water, for a night, in the winter time ; increased in weight, as I now remember,
to a fifth part. 77. It is reported
attentively consider of nature in many instances. see nitre, which hath a quick spirit, is cold ;
Lydia, near Pergamus, there were certain more cold to the tongue than a stone ; so water workmen in time of wars fled into caves; and the is colder than oil, because it hath a quicker spirit: the mouth of the caves being stopped by But long time for all oil, though it hath the tangible parts bet enemies, they were famished.
in
We
by one of the ancients, that
bones were found; and some carried with them; and more spirit within it: so we see that salt put to the vessels full of water; and that water thicker, water: which ice, as in the producing of artificial ice, increaseth and more towards ice, than common the activity of cold : so some is a notable instance of condensation and indura insecta," which have spirit of life, as snakes and silk-worms, are tion by burial under earth, in caves, for long time as it should seem, of air into to the touch cold: so quicksilver is the coldest and of version also, of metals, because it is fullest of spirit. water; if any of those vessels weie empty. Try 74. The sixth cause of cold is the chasing and therefore a small bladder hung in snow, and the
ter digested
e>o
snow
is
than water, yet hath it a duller spirit: colder than water, because it hath
after
the doad
vessels
which they had
"
jo
like in nitre,
NATURAL HISTORY.
and the like
in quicksilver:
CENT.
1.
and
if
tne bladders fallen or shrunk, you may be sure the air is condensed by the cold of those
you
find
the vapour, and so turneth it back, and thickeneth see also, that breathing upon a t into dew.
We
glass, or
bodies, as it would be in a cave under earth. 78. It is reported of very good credit, that in
the East Indies, if you set a tub of water open in a room where cloves are kept, it will be drawn
frosty you shall find drops of
smooth body, giveth a dew and in mornings, such as we call rime frosts,
;
dew upon
frost
the inside of
glass
windows; and the

is
itself
upon the
dry in twenty-four hours; though it stand at some In the country, they distance from the cloves.
but a version or condensation of the ground moist vapours of the night, into a watery sub
times in deceit, when their wool is new shorn, to set some pails of water by in the same
use
many
dews likewise, and rain, are but the re turns of moist vapours condensed ; the dew, by the cold only of the sun s departure, which is
stance:
room, to increase the weight of the woo^ But the gentler cold; rains, by the cold of that which it may be, that the heat of the wool, remaining they call the middle region of the air; which is
om the body of the sheep, or the heat gathered the more violent cold. 82. It is very probable, as hath been touched, by the lying close of the wool, helpeth to draw the watery vapour but that is nothing to the version. that that which will turn water into ice, will like 79. It is reported also credibly, that wool new wise turn air some degree nearer unto water.
fi
:
shorn, being laid casually upon a vessel of ver juice, after some time, had drunk up a great part of the verjuice, though the vessel were whole
Therefore try the experiment of the artificial turning water into ice, whereof we shall speak
in another place, with air in place of water, and without any flaw, and had not the bung-hole the ice about it. And although it be a greater open. In this instance, there is upon the by, to alteration to turn air into water, than water into
be noted, the percolation or suing of the verjuice through the wood; for verjuice of itself would never have passed through the wood so as, it seemeth, it must be first in a kind of vapour be
:
ice; yet there is this hope, that by continuing the air longer time, the effect will follow: for that artificial conversion of water into ice is the
fore
it
pass.
work of a few hours; and this of tried by a month s space or the like.
air
may be
80. It is especially to be noted, that the cause that doth facilitate the version of air into water,
Experiments in consort touching induration of

bodies.
when
not in gross, but subtilly mingled with tangible bodies, is, as hath been partly touched before, for that tangible bodies have an
the air
is
Induration, or lapidification of substances more soft, is likewise another degree of condensation ;
The effecting if they find any liquid and is a great alteration in nature. body that is more dense near them, they will and accelerating thereof is very worthy to be draw it: and after they have drawn it, they will inquired. It is effected by three means. The condense it more, and in effect incorporate it; for first is by cold ; whose property is to condense we see that a sponge, or wool, or sugar, or a and constipate, as hath been said. The second woollen cloth, being put but in part in water or is by heat; which is not proper but by conse wine, will draw the liquor higher, and beyond quence; for the heat doth attenuate; and by the place where the water or wine cometh. We attenuation doth send forth the spirit and moister see also, that wood, lute strings, and the like, do part of a body; and upon that, the more gross of swell in moist seasons; as appeareth by the the tangible parts do contract and sear themselves
antipathy with air; and
vacuum," as they call breaking of the strings, the hard turning of the together ; both to avoid pegs, and the hard drawing forth of boxes, and it, and also to munite themselves against the opening of wainscot doors which is a kind of force of the fire, which they have suffered. And and is much like to an infusion in the third is by assimilation ; when a hard body infusion water, which will make wood to swell ; as we assimilateth a soft, being contiguous to it. see in the filling of the chops of bowls, by laying The examples of induration, taking them pro
"
them in water. But for that part of these experi miscuously, are many: as the generation of stones ments which concerneth attraction, we will within the earth, which at the first are but rude and so of minerals, which come, reserve it to the proper title of attraction. earth or clay 81. There is also aversion of air into water no doubt, at first of juices concrete, which after tseen in the sweating of marbles and other stones; wards indurate: and so of porcelain, which is an and of wainscot before, and in moist weather. artificial cement, buried in the earth a long time ; This must be, either by some moisture the body and so the making of brick and tile: also the
:
yieldeth, or else the hard body.

latter;
for
by the moist air thickened against making of glass of a certain sand and brakeBut it is plain, that it is the roots, and some other matters; also tho exuda that we see wood painted with oil- tions of rock-diamonds and crystal, which harden
with time; also the induration of bead-amber, which at first is a soft substance; as appeareth by the flies and spiders which are found in it,
colour, will sooner gather drops in a moist night, tnan wood alone, which is caused by the smooth-
aess and closeness, which letteth in no part of
CENT.
ami
rvi.
I.
NATURAL HISTORY.
will
tl
many more: but we
speak of them
(listinctly.
of
it;
Kor indurations by cold, there be few trials for we have no strong or intense cold here
enter, then long seething will rather soften than indurate them; as hath bet -n tried in eggs, &c. therefore softer bodies must be put into bottles
on the surface of the earth, so near the beams of the sun, and the heavens. The likeliest trial is by snow and ice ; for as snow and ice, especially being holpen and their cold activated by nitre or salt, will turn water into ice, and that in a few hours ; so it may be, it will turn wood or stiff Put therefore clay into stone, in longer time. into a conserving pit of snow and ice, adding some quantity of salt and nitre, a piece of wood, or a piece of tough clay, and let it lie a month or more. 84. Another trial is by metalline waters, which have virtual cold in them. Put therefore wood or clay into smith s water, or other metalline water, and try whether it will not harden in some rea But I understand it of metalline sonable time. waters that come by washing or quenching ; and
not of strong waters that come by dissolution ; for they are too corrosive to consolidate. 85. It is already found that there are some na
tural spring waters, that will inlapidate wood ; so that you shall see one piece of wood, whereof the
hung into water seething with the mouths open above the water, that no water may get in; fur this means the virtual heat of the water will enter and such a heat, as will notmake the body adust or fragile but the substance of the water will be shut out. This experiment we made; and it sorted thus. It was tried with a piece of freestone, and with pewter, put into the water at large. The free stone we found received in some water; for it was softer and easier to scrape than a piece of the same But the pewter, into which no stone kept dry. water could enter, became more white, and like to silver, and less flexible by much. There were also put into an earthen bottle, placed as before,
l>y
a good pellet of clay, a piece of cheese, a piece of The clay came chalk, and a piece of freestone. forth almost of the hardness of stone; the cheese
likewise very hard, and not well to be cut ; the chalk and the freestone much harder than they were. The colour of the clay inclined not a whit to the colour of brick, but rather to white, as in ordinary drying by the sun. Note, that all the former trials were made by a boiling upon a good hot fire, renewing the water as it consumed, with
part above the water shall continue wood ; and the part under water shall be turned into a kind
of gravelly stone. It is likely those waters are of some metalline mixture; but there would be more particular inquiry made of them. It is cer
an egg was found, having lain many years in the bottom of a moat, where the earth had
tain, that
but the boiling was but for twelve hours only ; and it is like that the experi ment would have been effectual, if the boiling had been for two or three days, as we prescribed
other hot water;
before.
somewhat overgrown
to the
it ; and this 89. As touching assimilation, for this is a de egg was come hardness of a stone, and had the colours of gree of assimilation, even in inanimate bodies we the white and yolk perfect, and the shell shining see examples of it in some stones in clay-grounds,
in small grains like sugar or alabaster. 86. Another experience there is of induration
lying near to the top of the earth, where pebble is; in which you may manifestly see divers peb
bles gathered together, and crust of cement 01 stone between them, as hard as the pebbles them selves; and it were good to make a trial of pur
by cold, which
is already found ; which is, that metals themselves are hardened by often heating and quenching in cold water; for cold ever work-
eth
87.
most potently upon heat precedent. For induration by heat, it must be consi
pose, by taking clay, and putting in it divers peb ble stones, thick set, to see whether in continu
dered, that heat,
by the exhaling of the moister parts, doth either harden the body, as in bricks, tiles, &c., or if the heat be more fierce, maketh the
ance of time,
of the
it
same lump,
will not be harder than other clay in which no pebbles are set.
We see
grosser part itself run and melt; as in the making of ordinary glass; and in the vitrification of earth,
as
see in the inner parts of furnaces, and in tlic vitritication of brick, and of metals. And in the former of these, which is the hardening by
wards the bottom, the mortar

as the brick
;
also in ruins of old walls, especially to will become as hard
we
see also, that the
wood on
the
we
sides of vessels of wine, gathereth a crust of tartar, harder than the wood itself; and scales likewise
grow
90.
to the teeth, harder than the teeth
themselves.
baking without melting, the heat hath these de grees ; first, it imluratetti, ami then maketh fra gile; and lastly it doth incinerate and calcinate. 88. But if you desire to make an induration with toughness, and less fragility, a middle way would be taken, which is that which Aristotle hath well noted; but would be thoroughly veri fied. It is to decoct bodies in water for two or three days; but they must be such bodies into which the water will enter: as stoneand met li for if they be bodies into which the water will
ii"t
all, induration by assimilation appeareth in the bodies of trees and living crea tures : for no nourishment that the tree receiveth,
Most of
as
or that the living creature receiveth, is so hard wood, bone, or horn, &c. but is indurated after
by assimilation.
Experiment
solitary touching the version of into air.
v.
ater
91. The eye of the understanding is like the eye of the sense for as you may see great ob
:
NATURAL HISTORY.
jects through small crannies, or levels
:
CENT.
I.
so you
see greataxioms of nature through small and contemptible instances. The speedy depredation
may
penurious colour, and whc-ie moisture is scant. So blue violets, and other flowers, if they be birds and horse?, starved, turn pale and white
:
of air upon watery moisture, and version of the
by age or scars turn white

of
and the hoar hairs
same
into air, appeareth in nothing more visible, than in the sudden discharge or vanishing of a
men come by
the
same reason.
And
therefore,
Jittle cloud of breath or vapour from glass, or the blade of a sword, or any such polished body, such as doth not at all detain or imbibe the moisture ; for the mistiness scattereth and breaketh up sud
n birds, it is very likely, that the feathers that ;ome first, will be many times of divers colours,
according to the nature of the bird, for that the but when the skin is more skin is more porous shut and close, the feathers will come white. This is a good experiment, not only for the pro ducing of birds and beasts of strange colours ; but
;
denly. But
the like cloud, if
it
were
will not discharge; not because it but because air preyeth upon water; and flame and fire upon oil and therefore to take out a spot
;
oily or fatty, sticketh faster;
also for the disclosure of the nature of colours
of grease they use a coal upon brown paper ; be cause fire worketh upon grease or oil, as air doth
see paper oiled, or wood long moist; but wet with or putrify sooner. The cause is, for water, dry, that air meddleth little with the moisture of oil.
themselves: which of them require a sity, and which a grosser.
finer
poro
upon water.
And we
Experiment
94. It is a
solitary touching the nourishment of
oiled, or the like, last
living creatures before they be brought forth.
work of providence,
truly observed
that hath been by some, that the yolk of the egg
conduceth
Experiment solitary touching the force of union. 92. There is an admirable demonstration in the
little to the generation of the bird, but only to the nourishment of the same; for if a chicken be opened, when it is new hatched, you
same trifling instance of
the little cloud upon glass, or gems, or blades of swords, of the force of union, even in the least quantities, and weakest bodies, how much it conduceth to preservation of the pre
shall find
much
of the yolk remaining.
And
it is
needful, that birds that are shaped without the female s womb have in the egg, as well matter of
For mark sent form and the resisting of a new. well the discharge of that cloud ; and you shall
see
it
nourishment, as matter of generation for the body. For after the egg is laid, and severed from the body of the hen, it hath no more nourishment
the midst.
ever break up, first in the skirts, and last in see likewise, that much water
We
draweth forth the juice of the body infused; but little water is imbibed by the body: and this is a
principal cause, why in operation upon bodies for their version or alteration, the trial in great quan
tities
from the hen, but only a quickening heat when she sitteth. But beasts and men need not the matter of nourishment within themselves, because they are shaped within the womb of the female,
and are nourished continually from her body.
doth not answer the
trial in
small
and so Experiments in consort touching sympathy and an

tipathy for medicinal use.
95. It is an inveterate and received opinion, that cantharides applied to any part of the body, touch
It is
it, if they stay on long. likewise received, that a kind of stone, which they bring out of the West Indies, hath a peculiar
deceiveth
resisteth
many
for that, I say, the greater
more any
alteration of form,
far greater strength in
body and requireth the active body that should
subdue
it,
the bladder and exulcerate

the
Eicperiment solitary touching

feathers
producing of
colours,
and hairs of dicers
force to
move
gravel, and to dissolve the stone

it
in
y3.
We have spoken before in the fifth instance,

:
somuch, as
sent
it, it
laid but to the wrist,
hath so forcibly glad to remove
of the cause of orient colours in birds; which is by we will now endea the fineness of the strainer
down gravel, as men have been was so violent.

is
vour 10 reduce the same axiom this writing of our Sylva

"
to
a work.
For
to
96. It
received, and confirmed by daily expe
have great afilnity as we speak properly, not natural history, but a high kind with the head and mouth of the stomach of natural magic. For it is not a description only see going wet-shod, to those that use it not, afof hot powders to the of nature into great and fecteth both of nature, but a breaking applications rheum : and strange works. Try therefore the anointing over feet attenuate first, and after dry the of pigeons, or some other birds, when they are therefore a physician that would be mystical, preSylvarum" is,
rience, that the soles of the feet
but in theit
hair as short as
down may
;
be
or of whelps, cutting their or of some other beast: ;
scribeth, for the cure of the
rheum, that a
man
with some ointment that is not hurtful to the flesh, ami that will harden and stick very close; and see whether it will not alter the colours of the fea
thers or hair.
It is received, that the
should walk continually upon a camomile alley ; meaning, that he should put camomile within his
socks.
Likewise pigeons bleeding, applied to the soles of the feet ease the head : and soporiferous medicines applied unto them, provoke sleep. 97. It seemeth, that as the feet have a sym ihe first feathers of birds clean, will make the new come forth white and it is certain that white is a pathy with the head, so the wrists and hands have
pulling off
:
OK NT.
a
I.
NATURAL HISTORY.
\vitli
sympathy
IB
the
li<-,irt
Wt M6
the effects and
like.
Ami
the physicians are content to ark now-
f tin
heart
:
,iii.l
spiiits
;irr
notably dis-
closed by the puUe and it is often tried, that juices nf siMckiri||v!lo\vers, rose-eampian, garapplied to the \\rists, and renewed, h.iveeured longagues. And I conceive, that washing with certain liquors the palms of
irk,
ledge, tlr.it herbs ami ilni _rs have divers parts; an that opium halh a slupel aclive part, and a heating
part; the one
moving
parts,
sleep, the other a

hatli
sweat
and
oilier things,
following; and that rliuharh
ami astringent
sition is
&c.
Hut
this
purging parts, wlmle inqui-
the hands doth imieh
heats of agues, to hold in ter and halls of crystal.
they do well the hands eggs of alabas

;.nd
weakly and negligently handled. Ana forthe moresuhtile difference* of the minute parts, and the posture of them in the body, which also
hath great effects, they are not at all touched 39 for the motions of the minute parts of bodies, which
:
things we shall speak more, when we handle the title of sympathy and antipathy, in the
Of those
do so great effects, they have not been observed at all ; because they are invisible, and incur not to the eye ; but yet they are to be deprehended as Democritus said well, when K.Tjit riint.nt solitary touching the secret processes of by experience nature. they charged him to hold, that the world was K The knowledge of man hitherto hath been made of such little motes, as were seen in the determined by the view or sight; so that whatso sun: Atomus," saith he, "necessitate rationis
proper place.
:
!
.
"
ever
is
invisible, either in respect of the fineness
et experiential esseconvincitur;
of the body itself, or the smallness of the parts, or of the subtility of the motion, is little inquired.
mo unquam
vidit."
And
yet these be the things that govern nature
principally ; and without which you cannot make any true analysis and indication of the proceedings as hath been partly touc hed before, and shall be of nature. The spirits or pneumaticals, that are throug.hly handled in due place, is not seen at all. in all tangible bodies, are scarce known. Some But nevertheless, if you know it not, or inquire it times they take them for vacuum whereas not attentively and diligently, you shall never be to produce, a num they are the most active of bodies. Sometimes able to discern, and much less motions. Again, as to the mo they take them for air; from which they differ ex ber of mechanical tions corporal, within the inclosures of bodies, ceedingly, as much as wine from water; and as wood from earth. Sometimes they will have them whereby the effects, which were mentioned before, to be natural heat, or a portion of the element pass between the spirits and the tangible parts, of fire ; whereas some of them are crude and cold. which are arefaction, colliquation, concoction, And sometimes they will have them to be the maturation, &c. they are not at all handled. But virtues and qualities of the tangible parts which they are put off by the names of virtues, and and such other they see; whereas they are things by themselves. natures, and actions, and passions,
"
the parts of solid ed, which is the cause of ali flight of bodies through the air, and of other mechanical motions,
atomum enim ne And therefore the tumult in bodies, when they are compress
;"
And then, when they come to plants and living And such super creatures, they call them souls. ficial speculations they have; like prospectives,
that
logical
w ords.
r
Experiment
power of heat.
show things inward, when they

Neither
is
are but paint
ings.
this a question of
words, but
99. It is certain, that of all powers in nature heat is the chief; both in the frame of nature, and
For spirits are infinitely material in nature. nothing else but a natural body rarified to a pro and included in the tangible parts of bo portion,
an integument. And they be no less from the other than the dense or tangible parts; and they are in all tangible bodies whatsoever, more or less ; and they are never al most at rest and from them, and their motions, principally proceed arefaction, colliquation, con coction, maturation, putrefaction, vivification, and most of the effects of nature: for, as we have figured them in our "Sapientia Veterum," in the
dies, as in
works of art. Certain it is, likewise, that the effects of heat are most advanced, when ii worketh upon a body without loss or dissipation
in the
differing one
of the matter; for that ever betrayeth the account. And therefore it is true, that the power of heat is best perceived in distillations which are performed But yet there in close vessels and receptacles.
a higher degree; for howsoever distillations do keep the body in cells and cloisters, without going abroad, yet they give space unto bodies to turn into vapour; to return into liquor, and to separate
is
one part from another. So as nature doth expatialthough it hath not full liberty whereby the ment true and ultimo operations of heat air not attained. PrOMTpina tor tangible parts in bodies are stupid But if bodies may be altered by heat, and yet no things; ami the spirits do in effect nil. As for such reciprocation of ran fiction, and of condensathe differences of tangible parts in bodies, the in- tion, and of separation, admitted, then it is like dustry i-f the chymist hath given some light, in that this Proteus of matter, being held by th* their separations the oily, crude, sleeves, will turn and change into many metamordneeming by
f.ihle
of Proserpina, you shall in the infernal regihear little doings of Pluto, but most of
:
ate,
pure, impure, fine, gross parts of bodies, and the
phoses.
Take
therefore a square vessel of iron,
21
in form of a cube, and let
it
NATURAL HISTORY.
have good thick and
CENT.
II.
we aim
or
at the
making
strong sides.
may
fill
it
a cube of wood, that as close as may be, and let it have a

into
it
Put
any such prodigious
follies;
of Paracelsus s pygmies, but that we know
cover of iron, as strong at least as the sides, and let it be well luted, after the manner of the chyplace the vessel within burning coals, kept quick kindled for some few hours space. Then take the vessel from the fire, and take off
mists. the cover, and see what is become of the wood. I conceive, that since all inflammation and evapora
tion
the effects of heat will be such, as will scarce fall under the conceit of man, if the force of it be al
together kept
in.
Then
Experiment
solitary touching the impossibility of
annihilation,
100. There is nothing more certain in nature than that it is impossible for any body to be utterly
are
utterly prohibited,
and the body
still
turned upon itself, that one of these two effects will follow either that the body of the wood will as the be turned into a kind of amalgama,"
:
"
annihilated; but that as omnipotency of God to

thing, so
said
it
it was the work of the make somewhat of no
somewhat
requireth the like omnipotency to turn into nothing. And therefore it is well
part will be turned into air, and the grosser stick as it were baked, and incrustate upon the sides of the vessel, being become of a denser matter than the wood
chymists
call
it,
or that the
finer
by an obscure writer of the sect of the chy
mists, that there is no such way to effect the strange transmutations of bodies, as to endeavour arid urge the reducing of them to nothing. contained also a great secret of pre servation of bodies from change; for if you can
by
all
means
itself crude.
And
for
another
trial,
take also
And
herein
is
water, and put
it in the like vessel, stopped as before, but use a gentler heat, and remove the vessel sometimes from the fire ; and again, after
prohibit, that they neither turn into air, because no air cometh to them, nor go into the bodies ad
some small time, when it is cold, renew the heat ing of it; and repeat this alteration some few times and if you can once bring to pass, that the water, which is one of the simplest of bodies, be
:
because they are utterly heterogeneal ; circulation within them selves; they will nevt* change though they be in their nature never so perishable or mutable. changed in colour, odour, or taste, after the man see how flies, and spiders, and the like, get a se ner of compound bodies, you may be sure that pulchre in amber, more durable than the monu there is a great work wrought in nature, and a ment and embalming of the body of any king. notable entrance made into strange changes of And I conceive the like will be of bodies put. into But then they must be but thin, as bodies and productions ; and also a way made to quicksilver. do that by fire, in small time, which the sun and a leaf, or a piece of paper or parchment; for if age do in long time. But of the admirable effects they have a greater crassitude, they will alter in of this distillation in close, (for so we call it,) their own body, though they spend not. But of which is like the wombs and matrices of living this we shall speak more when we handle the
jacent,
nor
make a round and
We
creatures, where nothing expireth nor separateth, we will speak fully, in the due place ; not that
title
of conservation of bodies.
CENTURY
II.
102. The sounds that produce tones are ever Experiments in consort touching music. Music, in the practice hath been well pursued? from such bodies as are in their parts and pores and in good variety ; but in the theory, and espe equal; as well as the sounds themselves are cially in the yielding of the causes of the practice, equal; and such are the percussions of metal, as very weakly ; being reduced into certain mystical in bells of glass, as in the filliping of a drinking subtilties of no use and not much truth. glass ; of air, as in men s voices whilst they sing, in pipes, whistles, organs, stringed instruments, shall, therefore, after our manner, join the contem &c.; and of water, as in the nightingale pipes of plative and active part together. 101. All sounds are either musical sounds, re gals, or organs, and other hydraulics; whir!) which we call tones ; whereunto there may be the ancients had, and Nero did so much esteem, a harmony ; which sounds are ever equal ; as sing but are now lost. And if any man think, that the the viol are ing, the sounds of stringed and wind instruments, string of the bow and the string of the ringing of bells, &c. ; or immusical sounds, neither of them equal bodies, and yet produce For the sound is not which are ever unequal ; such as are the voice in tones, he is in an error. speaking, all whisperings, all voices of beasts and created between the bow or "plectrum" and the and the air; no birds, except they be singing-birds, all percus string; but bet\ve?n the string sions of stones, wood, parchment, skins, as in more than it is between the finger or quill, and
;
We
drums, and
infinite others.
the string in other instruments.
So
there aie. in
CENT.
II.
NATURAL
three
IIISTOKY.
25
ell rrt, lint
percussions
air,
that create tones;

ijlass
percussions nf
the,
inrt.ils, ci
>inprehelidin<r
and
like,
percussions of
and percussions of
w.iter.
sound returneth after six or after twelve; so lir.it the seventh or the thirteenth is not the m,.tt. r, but the. six or the twelfth; and tin seventh and the thirteenth are but the limits ami boundaries
of the return.
107.
103. The diapason or eighth in music is the sweetest concord, insomuch as it is in effect a
The concords
in
unison; as we see in lutes that arc strung in the base strings with two strings, one an eighth above And another; which nuke but as one sound.
every eighth note inascent, as from eight to fifteen, from fifteen to twenty-two, and so in infinitum,"
"
or semiperfirt,
between
tin:
music which are perfect unison and the diapa

;
th son, are the fifth, which is the most perfect third next: and the sixth, which is more harsh
and, as the ancients esteemed, and so do myselt and some other yet, the fourth, which they call
diatessaron.
are but scales of diapason. The cause is dark, and hath not been rendered by any ; and therefore would be better contemplated. It scemeth that
air,
As for
and so in
"
infinitum,"
the tenth, twelfth, thirteenthi they be but recurrences

fifth,
of the former, viz. of the third, the
and the
the subject of sounds, in sounds that are not tones, which are all unequal, as hath been admitteth much variety; as we see in the said,
is
which
sixth; being an eighth respectively from them. 108. For discords, the second and the seventh are of all others the most odious in harmony, to the sense; whereof the one is next above the unison, the other next under the diapason : which
voices of living creatures, and likewise in the voices of several men, for we are capable to dis
cern several men, by their voices, and in the conjugation of letters, whence articulate sounds
may show
109.
that
harmony
if
requircth a competent
distance of notes.
proceed
But
in the
which of all others are most sounds which we call tones,

is
various.
that are
In harmony,
there be not a discord to
ever equal, the air
not able to cast itself into
the base, it doth not disturb the harmony, though there be a discord to the higher parts : so the
;
any such variety ; but is forced to recur into one discord be not of the two that are odious and and the same posture or figure, only differing in therefore the ordinary consent of four parts conSo we see figures may sisteth of an eighth, a fifth, and a third to the greatness and smallness. be made of lines, crooked and straight, in infinite base but that fifth is a fourth to the treble, and And tne cause is, for that but circles, the third is a sixth. variety, where there is inequality or squares, or triangles equilateral, which are all the base striking more air, doth overcome and figures of equal lines, can differ but in greater or drown the treble, unless the discord be very odi For lesser. ous and so hideth a small imperfection.
; ; ;
be noted, the rather least any man should think that there is any thing in this num
104.
It is to
we
one of the lower strings of a lute, there soundeth not the sound of the treble, nor
see, that in
ber of eight, to create the diapason, that this computation of eight is a thing rather received, than any true computation. For a true computa
tion
ought ever
to
be by distribution into equal

:
portions.
Now
there be intervenient in the rise
of eight, in tones, two beemolls, or half notes so as if you divide the tones equally, the eight is but seven whole and equal notes; and if you sub divide that into half notes, as it is in the stops of H lute, 105.
it
any mixed sound, but only the sound of the base. 11U. We have no music of quarter-notes; and it may be they are not capable of harmony ; for we see the half-notes themselves do but interpose sometimes. Nevertheless we have some slides or relishes of the voice or strings, as it were continued without notes, from one tone to another,
rising or falling, which are delightful. 111. The causes of that which is pleasing or
maketh the number of thirteen. Yet this is true, that in the ordinary
rises
and
falls of the
voice of man, not measuring the
tone by whole notes, and half-notes, which is the equal measure, there fall out to be two bee
may receive light by that which is pleasing or ingrate to the sight. There be two things pleasing to the sight, leaving pictures and shapes aside, which are but second
ingrate to the hearing,
molls, as hath been said, between the unison and the diapason: and this varying is natural. For
if
ry;
ary objects; and please or displease but in these two are colours and orders.
memo
The
man would endeavour
to
raise
or fall his
voice, still by half-notes, like the stops of a lute ; or by whole notes alone without halves, as far as an eighth ; he will not be able to frame his voice
pleasing of colour symbolizeth with the pleasing of any single tone to the ear; but the pleasing And of order doth symbolize with harmony.
nnto
it.
Which
shovveth, that after every three

for all
whole notes, nature requireth,
harmonical
use, one half-note to be interposed. 106. It is to be considered, that whatsoever

virtue is in
numbers,
for
conducing
to
consent of
we see in garden-knots, and the frets of houses, and all equal and well answering &c. figures, as globes, pyramids, cones, cylinders, how they please; whereas unequal figures are but deformities. And both these pleasures, that of the eye, and that of the ear, are but the effecta of equality, good proportion, or correspondence :
therefore
notes, is rather to be ascribed to the ante-number, than to the entire number ; as namely, that the
so that, out of question, equality and correspond
ence are the causes of harmony.
But
to find tlio
VOL.
II.
26
proportion of that correspondence
is
NATURAL HISTORY.
more abstruse
;
CENT.
II.
in themselves. But yet it hath Leen noted, that though this variety of tunes doth dispose the what, when we spirits to variety of passions, conform untn them, quiry of sounds. yet generally music feedeth that disposition of 112. Tones are not so apt altogether to procure the spirits, which it findeth. We see also, that sleep as some other sounds; as the wind, the several airs and tunes do please several nations of water, humming of bees, a sweet voice and persons, according to the sympathy they have purling of one that readeth, &c. The cause whereof is, with their spirits. for that tones, because they are equal and slide and firtt not, do more strike and erect the sense than the Experiinenif in consort touching sounds sounds. other. And overmuch attention hindereth sleep. touching the nullity and entity 113. There be in music certain figures or tropes, Perspective hath been with some diligence almost agreeing with the figures of rhetoric, and inquired ; and so hath the nature of sounds, in with the affections of the mind, and other senses. some sort, as far as concerneth music but the First, the division and quavering, which please nature of sounds in general hath been superfici so much in music, have an agreement with the ally observed. It is one of the subtilest pieces And besides, I practise, as I do glittering of light; as the moon-beams playing of nature. upon a wave. Again, the falling from a discord advise; which is, after long inquiry of things to a concord, which maketh great sweetness in immersed in matter, to iaJerpose some subject music, hath an agreement with the affections, which is immateriate, or less materiate ; such aa
whereof notwithstanding we
shall speak some handle tones, in the general in
<rf
which
dislikes
are reintegrated to the better, after some it ; agreeth also with the taste, which is
The
soon glutted with that which is sweet alone. sliding from the close or cadence hath an agreement with the figure in rhetoric, which
they call
"praeter
this of sounds; to the end, that the intellect may be rectified, and become not partial. 115. It is first to be considered, what great motions there are in nature, which pass without
expectatum;" for
there is a
The reports, pleasure even in being deceived. and fuges, have an agreement with the figures in rhetoric of repetition and traduction. The triplas, and changing of times, have an agreement with
the changes of motions; as when galliard time, and measure time, are in the medley of one dance. 114. It hath been anciently held and observed,
and the kinds of music, have most operation upon manners; as, to en courage men, and make them warlike ; to make them soft and effeminate ; to make them grave ;
that the sense of hearing,
to
make them light; to make them gentle and inclined to pity, &c. The cause is, for that the sense of hearing striketh the spirits more immedi
ately than the other senses; and more incorporeally than the smelling; for the sight, taste, and have their organs not of so present and ."eeling,
sound or noise. The heavens turn about in a most rapid motion, without noise to us perceived ; though in some dreams they have been said to make an excellent music. So the motions of the comets, and fiery meteors, as "Stella cadens," &c., yield no noise. And if it be thought that it is the greatness of distance from us, wherebj the sound cannot be heard ; we see that light nings and coruscations, which are near at hand, yield no sound neither: and yet in all these there is a percussion and division of the air The winds in the upper region, which move the clouds above, which we call the rack, and are nov perceived below, pass without noise. The lowei winds, in a plain, except they be strong, make no noise; but amongst trees, the noise of such winds will be perceived. And the winds, gener ally, when they make a noise, do ever make it unequally, rising and falling, and sometimes,
.mmediate access
hath.
to
the spirits as the
And
as for the smelling, which
hearing indeed
when they
of
their
blast.
are vehement, trembling at the height Rain or hail falling, though
worketh also immediately upon the spirits, and is forcible while the object remaineth, it is with a communication of the breath or vapour of the object odorate; but harmony entering easily, and mingling not at all, and coming with a manifest motion, doth by custom of often affecting the spirits, and putting them into one kind of posture, alter not a little the nature of the spirits, even when the object is removed. And therefore we see, that tunes and airs, even in their own nature, have in themselves some affinity with the affec tions; as there be merry tunes, doleful tunes, solemn tunes; tunes inclining men s minds to So as it is no marvel pity; warlike tunes, &c.
if
vehemently, yieldeth no noise in passing through the air, till it fall upon the ground, water, houses, or the like. Water in a river, though a swift stream, is not heard in the channel, but runneth in silence, if it be of any depth ; but the very stream upon shallows, of gravel or pebble, will be heard. And waters, when they beal upon the
shore, or are straitened, as in the falls of bridges, or are dashed against themselves, by winds, give a roaring noise. Any piece of timber, or hard body, being thrust forwards by another body
contiguous, without knocking, giveth no noise And so bodies in weighing one upon anothri, though the upper body press the lower body
they alter the
toave a
spirits, considering that tunes predisposition to the motion of the spirits
down, make no
So the motion in the noise. minute parts of any solid body, which is the
CENT.
II.
NATURAL HISTORY.
as in blowing of the fire by bellows; greater than if the bellows should blow upon th, U r
,
principal cause of violent motion, though unnhserseil, passeth without sound; for that sound
that
is
heard sometime*
air,
breaking of the
produced only by tlic and not hy the impulsion of

is
the parts. So it is inunifcst, that where the anterior body giveth way, as fast as the posterior
cometli on, it maketh no noise, be the motion never so great or swift.
116. Air open, and at large except it be sharply percussed
r so likewise flame percu-,Mii _ the air strongly, as when flame suddenly taketh and openeth, giveth a noise; so great flames, while. the one impelleth the other, give a bellowing
itself.
And
sound.
120. There is a conceit runneth abroad, that there should be a white powder, which will dis
:
maketh no
noise,
as in the sound charge apiece without noise; whioh is a dangerous ; it may cause percussed by a hard and experiment if it should be true for me impossible ; stiff body, and with a sharp loose: for if the secret murders. But it seemeth to and strike the But for if the air pent be driven forth, string bo not strained, it maketh no noise. where the air is pent and straitened, there breath air open, it will certainly make a noise. As for the white powder, if any such thing be, that may or other blowing, which carry but a gentle per cussion, suffice to create sound; as in pipes and extinguish or dead the noise, it is like to be a
of a string, when- air
is
But then you must note, that which go with a gentle breath, the concave of the pipe, were it not for the fipple that straiteuoth the air, much more than the simple concave, would yield no sound. For as for other
wind-instruments.
in recorders,
mixture of petre and sulphur, without coal. For And if any man petre alone will not take fire. think that the sound may be extinguished or deaded by discharging the pent air, before it cometh to the mouth of the piece and to the open
air,
wind-instruments, they require a forcible breath ; as trumpets, cornets, hunters horns, &c., which
divided sounds
barrel
that is not probable ; for it will make more as if you should make a cross:
by the blown cheeks of him that \vindeth them. Organs also are blown with a strong wind by the bellows. And note again, that some kind of wind-instruments are blown at a small hole in the side, which straiteneth the
appeareth
;
hollow through the barrel of a piece,

it
it
would give several sounds, both at the But I conceive, that if it nose, and at the sides. were possible to bring to pass, that there should be no air pent at the mouth of the piece, the breath at the first entrance the rather, in respect bullet might fly with small or no noise. For of the traverse and stop above the hole, which first, it is certain, there is no noise in the percus the performeth the fipple s part as it is seen in flutes sion of the flame upon the bullet. Next, and fifes, which will not give sound by a blast at bullet, in piercing through the air, maketh no the end, as recorders, &c., do. Likewise in all noise as hath been said. And then, if there be there is whistling, you contract the mouth and to make no pent air that striketh upon open air, the flying of the it more sharp, men sometimes use their finger. no cause of noise; and yet But in open air, if you throw a stone or a dart, bullet will not be stayed. For that motion, as of the bullet, they give no sound no more do bullets, except hath been oft said, is in the parts and not in the air. So as trial must be made by they happen to be a little hollowed in the casting which hollowness penneth the air: nor yet arrows, taking some small concave of metal, no more
may
be
except they be rufled in their feathers, which likewise penneth the air. As for small whistles or shepherds oaten pipes, they give a sound be
than you
mean
to
fill
with powder, and laying

it,
the bullet in the
mouth of
half out into the
open
air.
it
cause of their extreme slenderness, whereby the air is more pent than in a wider pipe. Again,
the voices of
121. I heard
affirmed by a
man
that
was a
great dealer in secrets, he
was but
vain, thatthere
men and living creatures pass through the throat, which penneth the breath.
As
for the
was a
to conspiracy, which himself hindered,
Jews-harp,
it
is
a sharp percussion
and besides, hath the advantage of penning the air in the mouth. 117. Solid bodies, if they be very softly per cussed, give no sound; as when a man treadeth
very softly upon boards. So chests or doors in fair weather, when they open easily, give no sound. And cart-wheels squeak not when they
are liquored. 118. The flame of tapers or candles, though it be a swift motion and breaketh the air, yet passeth
have killed Queen Mary, sisterto Queen Elizabeth, by a burning-glass, when she walked in St. James s park, from the leads of the house. But thus much, no doubt, is true; that if burningas glasses could be brought to a great strength, that are they talk generally of burning-glasses able to burn a navy, the percussion of the air alone, no noise : by such a burning-glass, would make no more than is found in coruscations and light
nings without thunders. 122. I suppose, that impression of the ai with sounds asketh a time to be conveyed to the sense,
as well as the impressing of species visible; or And therefore, as else they will not be heard.
without sound.
it
doth, as
it
repercussed ; 119. Flame percussed by air giveth a noise;
Air in ovens, though, no doubt, were, boil and dilate itself, and is yet it is without noise.
the
invisible; so the bullet moveth so swift that it same swiftness of motion maketh it inaudible
i
NATURAL HISTORY.
we see, that the apprehension of the eye is quicker than that of the ear. 123. All eruptions of air, though small and
for
;
CENT.
II.
which pass through the air, or other bodies, with out any local motion of the air either at the first, But you must attentively distinguish or after. of the air, which is but slight, give an entity of sound, which we call between the local motion vehiculum causse," a carrier of the sounds, and crackling, puffing, spitting, &c. as in bay-salt, into the fire; so in chestnuts, the sounds themselves, conveyed in the air. For and bay-leaves, cast when they leap forth of the ashes so in green as to the former, we see manifestly that no sound wood laid upon the fire, especially root; so in is produced, no not by air itself against other air, as in organs, &c. but with a perceptible blast of candles, that spit flame if they be wet; so in rasp the air ; and with some resistance of the air strucking, sneezing, &c. so in a rose leaf gathered to gether into the fashion of a purse, and broken en. For even all speech, which is one of the upon the forehead, or back of the hand, as child gentlest motions of the air, is with expulsion of a And all pipes have a blast, aswel. ren use. little breath. We see also manifestly, that sounds as a sound. Experiments in consort touching production, conser are carried with wind and therefore sounds will and the office of be heard further with the wind, than vation, and delation of sounds the
"
the air therein,
wind; and likewise do

of sound, that
it
rise
and
fall
against with the in
124.
The cause given
should
tension or remission of the wind.

of the sound,
it is
But
for the
be an elision of the
air,
whereby
if
they
mean impression
and
perceptible
any thing, they mean a cutting or dividing, or else an attenuating of the air, is but a term of igno rance and the notion is but a catch of the wit upon a few instances as the manner is in the philosophy received. And it is common with men, that if they have gotten a pretty expression by a word of art, that expression goeth current though it be empty of matter. This conceit of elision appeareth most manifestly to be false, in that the sound of a bell, string, or the like, con; ; ;
is utterly
;
without any and in that resembleth the species
quite another thing, local motion of the air,
man hath lured, or a bell is cannot discern any perceptible motion at all in the air along as the sound goeth ; but only at the first. Neither doth the wind, as far
visible: for after a
rung,
we
as
it
carrieth a voice, with the motion thereof, con
tinueth melting some time after the percussion ; but ceaseth straightways, if the bell, or string, be touched and stayed whereas, if it were the eli sion of the air that made the sound, it could not be that the touch of the bell or string should ex
:
found any of the delicate and articulate figurations of the air, in variety of words. And if a man speak a good loudness against the flame of a candle, it will not make it tremble much; though
most when those

contract the
letters are pronounced which mouth; as F. S. V. and some others. But gentle breathing, or blowing without speak
ing, will
move
the candle far more.

that sound
is
it
And
it
is
tinguish so suddenly that motion caused by the elision of the air. This appeareth yet more mani festly by chiming with a hammer upon the out side of a bell for the sound will be according to
:
the
more probable,
air,
motion of the
because as
without any local differeth from the
sight, in that it needeth a local motion of the air at first; so it paralleleth in so many other things
with the sight, and radiation of things visible; which without all question induce no local mo tion in the air, as hath been said. So again, if it were an elision, a broad hammer, 126. Nevertheless it is true, that upon the noise and a bodkin, struck upon metal, would give a of thunder, and great ordnance, glass windows diverse tone, as well as a diverse loudness: but will shake ; and fishes are thought to be frayed they do not so ; for though the sound of the one with the motion caused by noise upon the water. be louder, and of the other softer, yet the tone is But these effects are from the local motion of the the same. Besides, in echoes, whereof some are as air, which is a concomitant of the sound, as hath loud as the original voice, there is no new elision, been said, and not from the sound. but a repercussion only. But that which con127. It hath been anciently reported, and is still vinceth it most of all is, that sounds are generated received, that extreme applauses and shouting of where there is no air at all. But these and the people assembled in great multitudes, have so like conceits, when men have cleared their under rarified and broken the air that birds flying over
standing by the light of experience, will scatter and break up like a mist. 125. It is certain, that sound is not produced at the first, but with some local motion of the air, or flame, or some other medium; nor yet without
the inward concave of the bell
whereas the eli ; sion or attenuation of the air cannot be but only between the hammer and the outside of the bell.
have fallen down, the

port them.
air
And
it
is
believed
in
great ringing of bells
being not able to sup by some, that populous cities hath
some
cussed.
body per mere yielding or ces sion, it produceth no sound; as hath been said. And therein sounds differ from light and colours, found, as
For
if
resistance, either in the air or the
there be a
chased away thunder; and also dissipated pesti lent air: all which may be also from the concus sion of the air, and not from the sound. 128. A very great sound, near hand, hath strucken many deaf; and at the instant they have
it
were, the breaking of a skin or parch-
CENT.
II.
NATURAL HISTORY.
Sfl
Snent in their car: and myself standing near one pair of tongs some depth within the water, and that lured loud and shrill, hail suddenly an you shall hear the sound of the tongs well and not olVeiire, as if somewhat had broken or been dislo- much diminished; and yet there is no air at all
(vti d
in
my
ear; and immediately after a loud
fill each of them full of water, and then knap the tongs together, as before, about a hand ful from the bottom, and you shall find the sound vanished. for as is commonly received, an overmuch more resounding from the vessel of silver ;he sound than from that of wood and yet if there be no potent object doth destroy the sense; and spiritual
ringing, not an ordinary singing or hissing, but far louder and differing, so as I feared some deaf
ness.
present. 134. Take one vessel of silver, and another of
wood, and
But
:
half quarter of an hour it This effect may be truly referred unto

after
some
species, both visible and audible, will work upon the sensories, thou gh they move not any other body. 1 _ In delation of sounds, the enclosure of them
!>.
water in the vessel, so that you knap the tongs in the air, you shall find no difference between the
preserveth them, and causeth them to be heard further. And we find in rolls of parchment or
trunks, the mouth being laid to the one end of the roll of parchment or trunk, and the ear to the other,
the sound
air.
is
and the wooden vessel. Whereby, beside main point of creating sound without air, you may collect two things: the one, that the sound
silver
the
communicateth with the bottom of the vessel the other, that such a communication passeth far better
;
heard
much
farther than in the
open
through water than
air.
The cause
is
it is
is, for
that the sound spendeth,
and concaves
dissipated in the
open air; but in such
conserved and contracted. So also ordnance, if you speak in the touchhole, and another lay his ear to the mouth of the piece, the sound passeth and is far better heard
in a piece of
air.
135. Strike any hard bodies together in the midst of a flame ; and you shall hear the sound with little difference from the sound in the air. 130.
The pneumatical
part
which
affinity
is
in all tan
air,
gible bodies, and hath
some
with the
than in the open
performeth, in some degree, the parts of the air ; as when you knock upon an empty barrel, the
130. It is further to be considered, how it proveth and worketh when the sound is not en
sound is in part created by the air on the outside; and in part by the air in the inside for the sound
:
closed
the length of its way, but passeth partly through open air; as where you speak some dis tance from a trunk ; or where the ear is some distance
all
will be greater or lesser as the barrel is more empty or more full ; but yet the sound participateth also with the spirit in the wood through which
it
it
from the trunk at the other end ; or where both mouth and ear are distant from the trunk. And it is tried, that in a long trunk of some eight or ten foot, the sound is holpen, though both the mouth and the ear be a handful or more from the ends of the trunk; and somewhat more holpen, when the ear of the hearer is near, than when the
passeth, from the outside to the inside and so cometh to pass in the chiming of bells on the
:
outside
side
:
of
we
where also the sound passeth to the in ; and a number of other like instances, where shall speak more when we handle the com
munication of sounds.
137. It were extreme grossness to think, as we have partly touched before, that the sound in voice is better heard in a chamber from abroad, strings is made or produced between the hand and the string, or the quill and the string, or the than abroad from within the chamber. vehicula 131. As the enclosure that is round about and bow and the string, for those are but so doth a semi-con motus," passages to the creation of the sound, the entire, preserveth the sound And therefore, if sound being produced between the string and the cave, though in a less degree. the air from you divide a trunk, or a cane into two, and one air; and that not by any impulsion of the return speak at the one end, and you lay your ear at the the first motion of the string; but by
mouth of
the speaker.
And
it is
certain, that the
"
other,
it
will carry the voice farther than in the
or result of the string,
air at large.
Nay
further, if
it
be not a
full
semi- touch, to his former place
concave, but if you do the like upon the mast of a is quick and sharp ; So the bow tortureth the string ship, or a long pole, or a piece of ordnance, though soft and dull. one speak upon the surface of the ordnance, and continually, and thereby holdeth it in a continual
which was strained by the which motion of result whereas the first motion is
:
not at any of the bores, the voice will be heard trepidation. farther than in the air at large. and 132. It would be tried, how, and with what Experiments in consort touching the magnitude sounds. exility and damps of proportion of disadvantage the voice will be car 138. Take a trunk, and let one whistle at the ried in a horn, which is a line arched; or in a ear at the other, and you trumpet, which is a line retorted ; or in some pipe one end, and hold your shall find the sound strike so sharp as you can that were sinuous.
|
howsoever it cross the receiv scarce endure it. The cause is, for that sound ed opinion, that sounds may be created without dill useth itself in round, and so spendeth itself; which would scatter in open air, ail, though air be the most favourable deferent of but if the sound, sounds. Take a vessel of water, and knap a be made to go all into a canal, it must needs {five
133.
It is certain,
j
c2
NATURAL HISTORY.
And so you may note, greater force to the sound. that enclosures do not only preserve sound, but also increase and sharp -u it.
CENT
IJ
do give a far greater sound, by reason of the knot, and board, and concave underneath, than if there were nothing but only the flat of a board, without 139. A hunter s horn being greater at one end that hollow and knot, to let in the upper air into The cause is the communication of than at the other, doth increase the sound more the lower. than if the horn were all of an equal bore. The the upper air with the lower, and penning of both
j
from expense or dispersing. first con 146. An Irish harp hath open air on both sides and afterwards having more room to spread at the greater end, to dilate of the strings and it hath the concave or belly themselves; and in coming out strike more air; not along the strings, but at the end of the strings. whereby the sound is the greater and baser. And It maketh a more resounding sound than abandoeven hunter s horns, which are sometimes made ra, orpharion, or citter, which have likewise wire
cause
is, for
that the air and sound being
tracted at the lesser end,
straight, and not oblique, are ever greater at the lower end. It would be tried also in pipes, being made far larger at the lower end ; or being made with a belly towards the lower end, and then issu ing into a straight concave again.
strings.
I judge the cause to be, for that open air on both sides helpeth, so that there be a concave;
best placed at the end. In a virginal, when the lid is down, maketh a more exile sound than when the lid
is therefore
which
147.
it
is
140. There
is
in St.
James
s fields a conduit
open.
air,
The cause
:
is, for
that all shutting in of
of brick, unto which joineth a low vault; and at the end of that a round house of stone ; and in the
brick conduit there
is
where there is no competent vent, dampeth the sound which maintaineth likewise the former
;
window; and in the round instance for the belly of the lute or viol doth house a slit or rift of some little breadth if you pen the air somewhat. 148. There is a church at Gloucester, and, as cry out in the rift, it will make a fearful roaring The cause is the same with the I have heard, the like is in some other places, at the window. former for that all concaves, that proceed from where if you speak against a wall softly, another more narrow to more broad, do amplify the sound shall hear your voice better a good way off, than near at hand. Inquire more particularly of the frame at the coming out. I suppose there is some vault, or 141. Hawks bells, that have holes in the sides, of that place. give a greater ring, than if the pellet did strike hollow, or aisle, behind the wall, and some passage
a
:
upon brass in the open air. The cause is the to it towards the farther end of that wall against same with the first instance of the trunk namely, which you speak ; so as the voice of him that
;
sound enclosed with the sides of the speaketh slideth along the wall, and thenentereth forth at the holes unspent and more at some passage, and communicateth with the air of the hollow ; for it is preserved somewhat strong. 142. In drums, the closeness round about, that by the plain wall ; but that is too weak to give a preserveth the sound from dispersing, maketh the sound audible, till it hath communicated with the
for that the
bell
cometh
noise
come
forth at the
if
drum-hole
far
more loud back
air.
you should strike upon the like skin extended in the open air. The cause is the same with the two precedent. 143. Sounds are better heard, and farther off, in an evening or in the night, than at the noon or
in the day. The cause is, for that in the day, when the air is more thin, no doubt, the sound pierceth better; but when the air is more thick,
and strong than
149.
Strike
upon a bow-string, and lay the
horn of the
the sound, and
bow near your ear, and it will increase make a degree of a tone. The
cause is, for that the sensory, by reason of the close holding, is percussed before the air disperseth. The like is, if you hold the horn betwixt
as in the night, the sound spendeth andspreadeth abroad less : and so it is a degree of enclosure.
your teeth but that is a plain delation of the sound from the teeth to the instrument of hearing; for there is a great intercourse between those two
:
As
for the night, it is true also that the general
silence helpeth. 144. There be
as appeareth by this, that a harsh grating ; The like falleth tune setteth the teeth on edge. out, if the horn of the bow be put upon the
parts
two kinds of reflections of sound
the one at distance, which is the echo; wherein the original is heard distinctly, and the reflection
also distinctly; of which we shall speak hereafter: the other in concurrence ; when the sound reflect
temples ; but that is but the slide of the sound from thence to the ear. 150. If you take a rod of iron or brass, and hold the one end to your ear, and strike upon tlie other, it maketh a far greater sound than the like
ear.
being near at hand, returneth immediately upon the original, and so iterateth it Therefore we see, that not, but amplifieth it. music upon the water soundeth more ; and so likewise music is better in chambers wainscotted than hanged.
ing, the reflection
made not so contiguous to the which, and by some other instances that have been partly touched, it should appear, that sounds do not only slide upon the surface of a smooth body, but do also communicate with the
stroke upon the rod,
By
145.
The
strings of a lute, or viol, or virginals,
of the body. spirits, that are in the pores 151. I remember in Trinity College in
Cam-
CENT.
II.
N \Tl UAI.
11.
V|
ORY.
aloud, that
all
:u
the shore rang of
bridge, there was an upper chamber, wliich being thought weak in the roof, it was supported by a pillar df iron of the bigness of one s arm 111 the midst of the chamber; which if you had struck, k would make a little Hat noise in the room where it was struck, but it would make a great bomb in the chamber beneath. 1 VJ The sound which is made by buckets in
name
it;
and
that Ilylas frmn within the water answered his master, hut, that wliich is to the present purpose,
with sc small ami exile a voice, as Hercules thought he had been three miles off, when the
fountain, indeed, was fast by. 156. In lutes and instruments of strings, if stop a string high, whereby it hath less
you
s.ope to
a well,
when they touch upon

the
the water, or
when
they strike upon two buckets dash

cussion were
is the
side of the well, or when the one against the other, these sounds are deeper and fuller than if the like per
tremble, the sound dead.

157.
is
more
treble, but yet
more
made in the open air. The cause penning and enclosure of the air in the concave of the well. 15.3. Barrels placed in a room under the floor of a chamber make all noises in the same chamber more full and resounding.
So that there be five ways, in general, of majoration of sounds: enclosure simple; enclosure with dilatation; communication; reflection con current; and approach to the sensory. 154. For exility of the voice or other sounds ;
:
saucers, and strike the edge of the one against the bottom of the other, within a pail of water; and you shall find, that as you put the saucers lower and lower, the sound groweth more flat; even while part of the saucer is above the water; but that flatness of sound is joined with a harshness of sound ; which no doubt is caused by the inequality of the sound which cometh from the part of the saucer under water, and from the part above. But when the saucer is wholly under water, the sound becometh more but far more low, and as if the sound came clear, from afar off.
Take two
it is certain that the voice doth 158. A soft body dampeth the sound much pass through solid and hard bodies if they be not too thick and more than a hard ; as if a bell hath cloth or silk through water, which is likewise a very close wrapped about it, it deadeth the sound more than body, and such a one as letteth not in air. But if it were wood. And therefore in clericals the then the voice, or other sound, is reduced by such keys are lined ; and in colleges they use to line passage to a great weakness or exility. If there tablemen.
fore
you stop the holes of a hawk

"
s bell, it will
159.
several
Trial
was made
in a recorder after these
make no
doth the
little
ring, but a flat noise or rattle.

agtites"
And
so
manners.
The bottom
;
of
it
was
set
or eagle-stone,
which hath a against the palm of the hand
stone within
it.
as for water, it is a certain trial : let a man go into a bath, and take a pail, and turn the bottom upwards, and carry the mouth of it
155.
And
stopped with wax round about; set against a damask cushion; thrust into sand ; into ashes; into water, half an inch under the water; close to the bottom of a
silver basin;
and
still
the tone
remained: but
even,
it
down to the level of the water, and so press down under the water some handful and a half,
keeping it even that it may not tilt on either and so the air get out: then let him that is in the bath dive with his head so far under water, 160. Iron hot produceth not so full a sound as as he may put his head into the pail, and there when it is cold, for while it is hot, it appeareth will come as much air bubbling forth as will to be more soft and less resounding. So likewise
Btill
side,
was set against a woollen carpet; a lining of plush ; a lock of wool, though loosely put in; against snow; and the sound of it was quite deaded, and but breath.
the bottom of it
make room
for his head. Then let him speak, and any that shall stand without shall hear his voice plainly; but yet made extreme sharp and
warm
water,
when
it
falleth,
I
maketh not so
it
full
sound as cold, and

nearer the nature of
conceive
is softer,
and
oil, for it is
more
slippery, as
voice of puppets: but yet the sounds of the words will not be con founded. Note, that it may be much more hand somely done, if the pail be put over the man s ne, id above the water, and then he cower down, and the pail be pressed down with him. Note, that a man must kneel or sit, that he mny be lower than the water. A man would think that the Sicilian poet had knowledge of this experiment; for he said, that Hercules s page, Hylas, went with a water-pot to fill it at a pleasant fountain that was near the shore, and that the nymph of the fountain fell in love with the boy, and pulled him under water, keeping him alive; and that Hercules missing his page, called him by his
exile, like the
articulate
perceived in that it scoureth better. Let there be a recorder made with two the trunk of it of the fipples, at each end one length of two recorders, and the holes answerable
161.
:
may be
towards each end, and let two play the same les son upon it as in unison; and let it be noted whether the sound be confounded, or amplified, or dulled. So likewise let a cross be made of two trunks, throughout, hollow, and let two
i
the other traspeak, or sing, the one longways, verse; and let two hear at the opposite ends, and note whether the sound be confounded, amplified, Which two instances will also give or dulled.
light to the mixture of sounds, speak hereafter.
whereof we shall
NATURAL HISTORY.
CENT.
11.
162. A bellows blown in at the hole of a drum, more treble and more base, according unto thu and the drum then strucken, maketh the sound concave on the inside, though the percussion bo a link- flatter, but no other apparent alteration. only on the outside. 167. When the sound is created between thu The cause is manifest: partly for that ithindereth the issue of the sound, and partly for that it blast of the mouth and the air of the pipe, it hath
maketh the
able.
air,
being blown together, less
mov
nevertheless some communication with the mutter of the sides of the pipe, and the spirits in them contained ; for in a pipe, or trumpet, of wood, and
brass, the sound will be diverse ; so if the pipe be covered with cloth or silk it will give a diverse
:
Experiments in consort touching
the loudness or soft
ness of sounds, and their carriage at longer or shorter distance.
sound from that
it
would do of
itself; so if the
loudness and softness of sounds is a pipe be a little wet on the inside, it will make a the magnitude and exility of differing sound from the same pipe dry. tiling distinct from 168. That sound made within water doth com sounds; for a base string, though softly struckep, if municate better with a hard body through water, giveth the greater sound ; but a treble string, Vide experihard strucken, will be heard much farther off. than made in air it doth with air.
163.
The
"
And
more
the cause
air,
and
that the base string striketh the treble less air, but with a sharper
is, for
mentum
134."
percussion. 164. It is therefore the strength of the percus sion, that is a principal cause of the loudness or
softness of sounds
;
Experiments in consort touching equality and in

equality of sounds.
We
have spoken before,
in
the inquisition
as in knocking harder or
softer, winding of a horn stronger or weaker, ring And the ing of a hand-bell harder or softer, &c. strength of this percussion consisteth as much or
touching music, of musical sounds, whereunto there may be a concord or discord in two parts ; which sounds we call tones; and likewise of immusical sounds ; and have given the cause, that
body percussed, as the tone proceedeth of equality, and the other of body percussing for if you inequality. And we have also expressed there, strike against a cloth, it will give a less sound, what are the equal bodies that give tones, and if against wood, a greater, if against metal yet a what are the unequal that give none. But now greater; and in metals, if you strike against gold, we shall speak of such inequality of sounds as which is the more pliant, it giveth the flatter proceedeth not from the nature of the bodies them sound; if against silver or brass, the more ring selves, but as accidental either from the rough ing sound. As for air, where it is strongly pent, ness or obliquity of the passage, or from the dou it matcheth a hard body. And therefore we see bling of the percutient, or from the trepidation of in discharging of a piece, what a great noise it the motion. maketh. We see also, that the charge with bul 169. A bell, if it have a rift in it, whereby the let, or with paper wet and hard stopped, or with sound hath not a clear passage, giveth a hoarse powder alone, rammed in hard, maketh no great and jarring sound so the voice of man, when by difference in the loudness of the report. cold taken the weasond groweth rugged, and, as 165. The sharpness or quickness of the per we call it, furred, becometh hoarse. And in cussion is great cause of the loudness, as well these two instances the sounds are ingrate, be
in the hardness of the
more
in the force of the
as the strength ; as in a whip or wand, if you strike the air with it; the sharper and quicker you strike it, the louder sound it giveth. And in
playing upon the lute or virginals, the quick stroke or touch is a great life to the sound. The cause is, for that the quick striking cutteth the air speedily ; whereas the soft striking doth rather
beat than cut.
Eocperimenls in consort touching the communication of sounds.
cause they are merely unequal but if they be unequal in equality, then the sound is grateful but purling. 170. All instruments that have either returns,
:
as trumpets ; or flexions, as cornets; or are drawn up, and put from, as sackbuts ; have a purling sound ; but the recorder, or flute, that have none
of these inequalities, give a clear sound. Never theless, the recorder itself, or pipe, moistened a
The communication
of lutes,
"
of sounds, as in bellies
empty
obiter,"
vessels, &c., hath been touched in the maj oration of sounds; but it is fit
more solemnly, and purling or hissing. Again, a wreathed of banstring, such as are in the base strings doras, giveth also a purling sound.
little
in the inside, soundeth

little
with a
171.
But a
lutestring, if
it
be merely unequal
also to
166.
make a title of it apart. in its parts, giveth a harsh and untunable sound: The experiment for greatest demonstration which strings we call false, being bigger in one
\i
of communication of sounds,
liells
;
is the chiming of you strike with a hammer upon the upper part, and then upon the midst, and then upon the lower, you shall find the sound to be
here, if
place than in other; and therefore wire strings see also, that when wo try are never false.
We
a false lutestring, we use to extend it hard between the fingers, and to fillip it ; and if it giveth a
CENT.
II.
NATURAL HISTORY.
;
double species, it is true but if it giveth a treble, or more, it is false. 17-J. Waters, in the noiso they make as they mi, represent to the ear a trembling noise; and in regals, where tliev have a pipe they call the
Experiments in consort touching the more treble itnil the more base tones, or nuixirul mntndt.
17H.
It
is
evident, that
the.
percussion of
the.
greater quantity of air causetli the baser sound ; and the less quantity the more treble sound.
which i-ontaineth water, the The percussion of the greater quantity of air is iiiglitiiigale.-pipe, sound hath a continual trembling: and children produced by the greatness of the body percussing; have also little things tlu-y call cocks, which have by the latitude of the concave by which the sound and when they blow or whistle passeth ; and by the longitude of the same con ,atcr in them cave. Therefore we see that a base string is in them, they yield a trembling noise which trem bling of water hath an atlinity with tho letter L. greater than a treble; a base pipe hath a greater All which inequalities of trepidation are rather bore than a treble; and in pipes, arid the like, the lower the note-holes be, and the further off from pleasant than otherwise. 173. All base notes, or very treble notes, give the mouth of the pipe, the more base sound they an asper sound ; for that the base striketh more yield ; and the nearer the mouth, the more treble. air than it can well strike equally : and the tre Nay more, if you strike an entire body, as an
;
;
ble cutteth the air so sharp, as it returneth too swift to make the sound equal : and therefore a mean or
andiron of brass, at the top,

treble
it
maketh a more
sound
and
at the
bottom a baser.
tenor
is
the sweetest part.
174.
We
know nothing
that can at pleasure
make a musical or unmusical sound by voluntary motion, but the voice of man and birds. The cause is, no doubt, in the weasond or windpipe, wound up and strained, and thereby give a more which we call "aspera arteria," which, being quick start-back, the more treble is the sound ; well extended, gathereth equality ; as a bladder and the slacker they are, or less wound up, the that is wrinkled, if it be extended, becometh baser is the sound. And therefore, a bigger string
smooth. The extension is always more in tones more strained, and a lesser string less strained, than in speech therefore the inward voice or may fall into the same tone. 180. Children, women, eunuchs, have more whisper can never give a tone. And in singing, The reason there is, manifestly, a greater working and labour small and shrill voices than men. not for that men have greater heat, which may of the throat than in speaking; as appeareth in the thrusting out or drawing in of the chin, when make the voice stronger, for the strength of a voice or sound doth make a difference in the loudwe sing. 175. The humming of bees is an unequal ness or softness, but not in the tone, but from the
:
179. It is also evident, that the sharper or quicker percussion of air causeth the more treble sound; and the slower or heavier, the more base sound. So we see in strings ; the more they are
buzzing,
and
is
conceived
by
some
of
the
to
ancients not to
come
forth at their
mouth, but
:
dilatation of the organ wise caused by heat.
which,
it is
true, is like
be an inward sound ; but, it may be, it is neither; the voice at but from the motion of their wings for it is not It seemeth to be, for that when much of the heard but when they stir. moisture of the body, which did before irrigate 176. All metals quenched in water give a sibi- the parts, is drawn down to the spermatical
lation or hissing sound, which hath an affinity with the letter Z, notwithstanding the sound be
But the cause of changing the years of iuberty is more obscure.
created between the water or vapour, and the air. Seething also, if there be but small store of water
in a vessel, giveth a hissing sound ; but boiling in a full vessel giveth a bubbling sound, drawing
leaveth the body more hot than it was; whence cometh the dilatation of the pipes for we see plainly all effects of heats do then come on;
vessels,
it
:
as pilosity, more roughness of the skin, hardness of the flesh, &c. 181.
The
industry of the musician hath pro
somewhat near to the cocks used by children. duced two other means of straining or intension The one of strings, besides their winding up. 177. Trial would be made, whether the in s the stopping of the string with the finger; as equality or interchange of the medium will not produce an inequality of sound as if three bells in the necks of lutes, viols, &c. The other is were made one within another, and air betwixt the shortness of the string, as in harps, virginals, each; and then the uttermost bell were chimed &c. Both these have one and the same reason ;
;
with a hammer, how the sound would differ from for they cause the string to give a quicker start. a simple bell. So likewise take a plate of brass 132. In the straining of a string, the further it and a plank of wood, and join them close, together, .s strained, the less superstraining goeth to a note; and knock upon one of them, and see if they do for it requireth good winding of a string before not give an unequal sound. So make two or it will make any note at all and in the stops of three partitions of wood in a hogshead, with holes lutes, &c., the higher they go, the less distance or knots in them ; and mark the difference of their is between the frets. sound from the sound of a hogshead without such 183. If you fill a drink ing-glass with watt-r, especially one sharp below and wide above, and partitions. VOL. 11. 5
:
NATURAL HISTORY.
fillip
CENT.
II.
upon the brim
or outside;
and
after
empty
part of the water, and so more and more, and still try the tone by fillipping; you shall find the tone
fall
ancients, that an empty barrel knocked upon with the finger, giveth a diapason to the sound of the like barrel full ; but how that should be, 1 do not
full or
; for that the knocking of a empty, doth scarce give any tone.
and be more base, as the glass
is
more well understand

187. There
barrel,
empty.
Irtble
is
required
is
some
:
sensible difference
the proportion of
and
bate tones.
The just and measured proportion of the air percussed, towards the baseness or trebleness of tones, is one of the greatest secrets in the con
templation of sounds. For it discovereth the true coincidence of tones into diapasons ; which
towards the and that it be not too near, but at a distance. For in a recorder, the three uppermost holes yield one tone ; which is a note lower than the tone of the first three. And the like, no doubt, is required in the winding or
in the proportion of creating a note,
sound
itself,
which
passive
stopping of strings.
And so of the is the return of the same sound. concords and discords between the unison and diapason, which we have touched before in the experiments of music; but think fit to resume it here as a principal part of our inquiry touching the nature of sounds. It may be found out in the
proportion of the winding of strings; in the pro portion of the distance of frets, and in the pro portion of the concave of pipes, &c., but most commodiously in the last of these.
Experiments in consort touching exterior and in

terior sounds.
another difference of sounds, which we will call exterior and interior. It is not soft nor loud nor it is not base nor treble nor it is not musical nor immusical though it be true,
is
: : :
There
no tone in an interior sound ; but on the other side, in an exterior sound there may be both musical and immusical. We shall 184. Try therefore the winding of a string therefore enumerate them, rather than precisely once about, as soon as it is brought to that exten distinguish them ; though, to make some adum sion as will give a tone; and then of twice about, bration of what we mean, the interior is rather and thrice about, &c., and mark the scale or an impulsion or contusion of the air, than an
that there can be
difference of the rise of the tone

shall discover, in one,
whereby you
elision or section of the
same
so as the percus
188. In speech of man, the whispering, which sound towards the string, as it is more or less they call susurrus" in Latin, whether it be louder strained. But note that to measure this, the way or softer, is an interior sound ; but the speaking will be, to take the length in a right line of the out is an exterior sound ; and therefore you can
"
two effects; both the pro portion of the sound towards the dimension of the winding; and the proportion likewise of the
blow
sion of the one towards the other differeth, as a differeth from a cut.
string,
185.
upon any winding about of the peg. As for the stops, you are to take the
num
ber of frets; and principally the length of the line, from the first stop of the string, unto such a stop as shall produce a diapason to the former stop
make a tone nor sing in whispering; but in speech you may so breathing, or blowing by the mouth, bellows, or wind, though loud, is an inte rior sound ; but the blowing through a pipe or
never
:
upon the same string. 186. But it will best, as it is said, appear in the bores of wind instruments: and therefore cause some half dozen pipes to be made, in length and all things else alike, with a single, double, and so on to a sextuple bore ; and so mark what fall of tone every one giveth. But still in these three last instances, you must diligently observe, what length of string, or distance of stop, or concave of air, maketh what rise of
sound.
concave, though soft, is an exterior. So likewise the greatest winds, if they have no coarctation, or blow not hollow, give an interior sound; the
whistling or hollow wind yieldeth a singing, or exterior sound ; the former being pent by some
other body; the latter being pent in by its own density: and therefore we see, that when the wind bloweth hollow, it is a sign of rain. The flame,
as
it
moveth within
in itself or is
blown by
a bel
lows, giveth a
murmur
or interior sound.
As
in the last of these, which, as
we
which giveth the aptest demonstra you must set down what increase of concave be over-soft, it may induce a nullity of sound but goeth to the making of a note higher and what never an interior sound as when one treadeth so of two notes and what of three notes ; and so softly that he is not heard.
said, is that
tion,
:
189. There is no hard body, but struck against another hard body, will yield an exterior sound ; insomuch as if the percussion greater or lesser
;
up
to the
diapason
for
numbers and proportions will appear.

unlike that those that
this already
:
then the great secret of It is not

recorders, &c., know make them in sets
:
make
they
for that
190. Where the air is the.percutient, pent or not pent, against a hard body, it never giveth an exte rior sound ; as if you blow strongly with a bellows against a wall.
and likewise bell-founders, in

their
bells.
i<.
fitting the
tune of
trial.
So
that
inquiry
may
save
made
191. Sounds, both exterior and interior, may be as well by suction as by emission of the
;
Surely
hath
been observed by one uf the
breath
as in whistling or breathing.
CENT.
II.
NATURAL HISTORY.
will rdVr thriu over,
Experiments in consort touching articulation of

founds.
and place them amongst the
xperiinents of speech.
lili^-ent in it,
The Hebrew*
li
and have assigned which letters are As for fin-rets in sounds, tlr.it ahial, which dental, \\hidi guttural, &C. the whole air only ; but the whole sound is also the Latins and Grecians, they have distinguish. So that all the jetween semi-vowels and mutes ; and in mutes in every small part of the air. curious diversity of articulate sounds, of the voice Between mutactenues, mediae," and aspiratae For the of man or birds, will enter at a small cranny incon- not amiss, but yet not diligently enough. motions that create those fused. special strokes and 193. The unequal agitation of the winds and sounds, they have little inquired: as, that the the like, though they be material to the carriage letters 5, JP, F, J/, are not expressed, but with of the sounds farther or less way ; yet they do the contracting or shutting of the mouth ; that the and B cannot be pronounced but that not confound the articulation of them at all, letters hecatonba within that distance that they can be heard ; the letter A will turn into M, as cannot be though it may be, they make them to be heard less will be hecatomba." That 3/and T way than in a still as hath been partly touched. pronounced together, but P will come between; 194. Over great distance confoundeth the arti as "emtus" is pronounced "emptus;" and a So that if you inquire to the culation of sounds; as we see, that you may hear number of the like. the sound of a preacher s voice, or the like, when full, you will find, that to the making of the whole re you cannot distinguish what he saith. And one alphabet there will be fewer simple motions articulate sound will confound another, as when quired than there are letters.
192. It
is
evident, ami
one of the strangest the whole sound is not in

it is
<1
"
"
;"
A"
"
"
"
many speak
195. In
at once.
199.
the
the experiment of speaking under water, when the voice is reduced to such an extreme exility, yet the articulate sounds, which
are the words, are not confounded, as hath been said.
body
dilate
are the most spungy part of and therefore ablest to contract and itself: and where it contracteth itself, it ex-
The lungs
;
the artery, throat, pelleth the air; which, through and mouth, maketh the voice but yet articulation
:
is
not
made but with the help
of the tongue, palate,

call
196. I conceive, that an extreme small or an
and the rest of those they
instruments of
extreme great sound cannot be articulate
but that voice.
the articulation requireth a mediocrity of sound : for that the extreme small sound confoundeth the
200. There is found a similitude between the sound that is made by inanimate bodies, or by ani articulation by contracting ; and the great sound mate bodies that have no voice articulate, and by dispersing and although, as was formerly said, divers letters of articulate voices and commonly a sound articulate, already created, will be con men have given such names to those sounds as
:
:
tracted into a small cranny ; yet the first articula tion requireth more dimension.
do allude unto the articulate letters ; as trembling of water hath resemblance with the letter L , 197. It hath been observed, that in a room, or quenching of hot metals with the letter Z snarl in a chapel, vaulted below and vaulted likewise in ing of dogs with the letter .fl,- the noise of screechthe roof, a preacher cannot be heard so well as in owls with the letter Sh voice of cats with the
,
,-
the like places, not so vaulted. The cause is, for that the subsequent words come on before the pre
the diph diphthong Eu ; voice of cuckoos with the letter Ng thong Ou ; sounds of strings with
if
,-
cedent words vanish
and therefore the articulate so that
sounds are more confused, though the gross of the sound be greater. 198. The motions of the tongue, lips, throat
palate, &c.,
a man, for curiosity or strangeness* take, would make a puppet or other dead body to pro nounce a word, let him consider, on the one part, the motion of the instruments of voice ; and on the
other part, the like sounds made in inanimate bodies ; and what conformity there is that causeth the similitude of sounds; and by that he may
which go
to the
making of the
several
alphabetical letters, are worthy inquiry, and per tinent to the present inquisition of sounds but because they are subtle, and long to describe, we
:
minister light to that effect.
30
NATURAL HISTORY.
CENT
III
CENTURY
straight, upivards,
the motion of sounds, in what lines they are circular, oblique,
III.
to
206. But
stand in a chamber not
make an exact trial of it, let a man much above the ground,
downwards, forwards, back

;
wards.
201.
is
and speak out at the window, through a trunk, to one standing on the ground, as softly as he can,
the other laying his ear close to the trunk;
ALL sounds whatsoever move round

.
that
then
on all sides upwards, downwards, "via versa," let me other speak below, keeping forwards, and backwards. This appeareth in all the same proportion of softness; and let him in the chamber lay his ear to the trunk: and this instances.
to say,
202. Sounds do not require to be conveyed to the sense in a right line, as visibles do, but may be arched ; though it be true they move strongest
may
be the aptest
means
to
make
a judgment,
whether sounds descend or ascend

better.
which nevertheless by the Tightness of the line, but by

in a right line
;
"
is
not caused
the lasting
and
the shortness
therefore
linea recta brevissima." And of the distance we see if a wall be between, and you on the one side, you hear it on the other ; a moment, we find itcontinueth some small time, speak In this there is a which is not because the sound passeth through melting by little and little.
;
perishing of sounds ; and touching the time they require to their generation or delation. 207. After that sound is created, which is in
the wall, but archeth over the wall. 203. If the sound be stopped and repercussed, it cometh about on the other side in an oblique
line.
wonderful error amongst men, who take this to first sound ; whereas, in truth, it is a renovation, and not a continuance;
be a continuance of the
So, if in a coach one side of the boot be for the body percussed hath, by reason of the down, and the other up, and a beggar beg on the percussion, a trepidation wrought in the minute close side; you will think that he were on the parts, and so reneweth the percussion of the air. open side. So likewise, if a bell or clock be, for This appeareth manifestly, because that the melt example, on the north side of a chamber, and the ing sound of a bell, or of a string strucken, which window of that chamber be upon the south he is thought to be a continuance, ceaseth as soon as that is in the chamber will think the sound came the bell or string are touched. As in a virginal,
;
as soon as ever the jack falleth, and toucheth the 204. Sounds, though they spread round, so that string, the sound ceaseth ; and in a bell, after you there is an orb or spherical area of the sound, yet have chimed upon it, if you touch the bell the
from the south.
they
move
lines,
from the
strongest, and go farthest in the forefirst local impulsion of the air.
sound ceaseth.
that there are
And
in this
And
therefore, in preaching, you shall hear the preacher s voice better before the pulpit than be hind it, or on the sides, though it stand open.
and
So a harquebuss, or ordnance, will be farther heard forwards from the mouth of the piece, than backwards, or on the sides. 205. It may be doubted, that sounds do move better downwards than upwards. Pulpits are
it is ; pensile : the other secret, of the minute parts; such as is de scribed in the ninth instance. But it is true, that the local helpeth the secret greatly. see
local
two trepidations as of the bell when
you must distinguish the one manifest

:
We
likewise that in pipes, and other wind instru ments, the sound lasteth no longer than the breath bloweth. It is true, that in organs there is a
confused
murmur
but that
for
is
a while after you have
And when the placed high above the people. ancient generals spake to their armies, they had ever a mount of turf cast up, whereupon they
and obstacles which the voice meeteth with, when one But there seemeth to speaketh upon the level. he more in it; for it may be that spiritual species, both of things visible and sounds, do move better downwards than upwards. It is a strange thing, that to men standing below on the ground, those that be on the top of Paul s seem much less than they are, and cannot be known; but to men above, those below seem nothing so much lessen ed, and may be known: yet it is true, that all things to them above seem also somewhat con tracted, and better collected into figures : as knots in gardens show best from an upper window or
stood
;
played
falling.
but while the bellows are in
but this
may be imputed
to the stops
the noise of great are shot off together, the sound will be carried, at the least, twenty miles
208. It
is certain, that in
ordnance, where
many
upon the land, and much farther upon the water. But then it will come to the ear, not in the instant
off, but it will come an hour or This must needs be a continuance sound ; for there is no trepidation which should renew it. And the touching of the ordnance would not extinguish the sound the sooner: so that in great sounds the continuance
of the shooting
more
later.
of the
first
is
more than momentary.

209.
To try exactly the time wherein sound is delated, let a man stand in a steeple, and have with him a taper; and let some veil be put before the taper; and let another man stand in a field a
CKNT.
inile off.
III.
NATURAL HISTORY.
let
tin-
Then
him
it by a itirf.nl by his pulse what within a bottle glass, and stop tlic mouth distance of time there is between the light seen. glass very close with wax; and then shake the and the sound heard: for it is certain that ttie glass, and see whether the bdl give any sound delation of light is in an instant. This may be at all, or how weak: but note, that you must
hell; ami in
let
him same
in the steeple strike the in>tant withdraw the veil;

tell
touch of the sides.

hell, the holes
Take
therefore a
hawk*
stopped up, and hang
and so
ir>
the field
tried in
glass have a great belly; lest when you shake generally known and observed that the bell, it dash upon the sides of the glass. and the object of sight move swifter than 214. It is plain, that a very long and downright light sound for we see the flash of a piece is seen arch fur the sound to pass, will extinguish the And in hewing sound quite; so that that sound, which would be sooner than the noise is heard.
far greater distances, allowing lights and sounds.
greater
instead of the thread take a wire; or else
let
ihn
210.
It is
wood, if one be some distance off, he shall see heard over a wall, will not be heard over a church ; the arm lifted up for a second stroke, before he nor that sound, which will be heard if you stand
hear the noise of the
distance, the greater
in
is
thunder which
is
And the greater the the prevention : as we see far off, where the lightning
first.
good space. 211. Colours, when they represent themselves to the eye, fade not, nor melt not by degrees, but
appear still in the same strength; but sounds melt and vanish by little and little. The cause is,
for that colours participate nothing with the mo tion of the air, but sounds do. And it is a plain
precedetli the crack a
the wall, will be heard if you stand close undpr the wall. 215. Soft and foraminous bodies, in the first creation of the sound, will dead it for the strik
:
some distance from
ing against cloth or fur will make liltle sound; as hath been said but in the passage of the sound,
:
they will admit
it
we
see, that curtains
better than harder bodies; as and hangings will not stay
argument, that sound participateth of some local motion of the air, as a cause sine qua non," in
"
much ; but glass windows, if they be very close, will check a sound more than the like thickness of cloth. see also in the rumbling of the belly, how easily the sound passeth through
the sound
We
that it perisheth so suddenly ; for in every section or impulsion of the air, the air doth suddenly re store and reunite itself; which the water also
the guts and skin.
216.
It is
worthy the inquiry, whether great
doth, but nothing so swiftly.
sounds, as of ordnance or bells, become not more weak and exile when they pass through small
subtilties of articulate sounds, pass through small crannies not confused, but the magnitude of the sound, perhaps, not so well.
crannies.
For the
the
passage and
it
may
be,
may
interceptions of sounds.
In the trials of the passage, or not passage of sounds, you must take heed you mistake not the
the medium of passing by the sides of a body for the passing Experiments in consort touching sounds. through a body ; and therefore you must make the intercepting body very close; for sounds will 217. The mediums of sounds are air, soft and pass through a small chink. porous bodies, also water. And hard bodies refuse 212. Where sound passeth through a hard or not altogether to be mediums of sounds. But all
close body, as through water; through a wall; through metal, as in hawks bells stopped, &c., the hard or close body must be but thin and small ; for
else
ly.
it
of them are dull and unapt deferents, except the

r.
218. In
air,
the thinner or drier air carrieth not
deadeth and extinguished the sound utter
the sound so well as the
therefore in the experiment in speaking in air under water, the voice must not be very
for then the sound pierceth you speak on the farther side of a close wall, if the wall be very thick, you shall iiot be heard and if there were a hogshead empty, whereof the sides were some two foot thick, and the bunghole stopped; I conceive the resounding sound, by the communication of the outward air with the air within, would be little or none: but only you shall hear the noise of the outward knock as if the vessel were full. 213. It is certain that in the passage of sounds
;
And
more dense ; as appeareth n night sounds and evening sounds, and sounds n moist weather and southern winds. The rea
deep within the water
son
not.
So
if
is already mentioned in the title of maj oration of sounds ; being for that thin air is better pierced ;
but thick air preserveth the sound better from waste: let further trial be made by hollowing in mists and gentle showers ; for it may be that will somewhat dead the sound.
219.
How
far forth
flame
may
be a
medium
ot"
sounds, especially of such sounds as are created by air, and not betwixt hard bodies, let it be tried n speaking where a bonfire is between; but then
you must allow
for
some disturbance the
nois
through hard bodies the spirit or pneumatical part of the body itself doth co-operate; but much
better
that the flame itself maketh.

j
220. Whether any other liquors, being mnde when the sides of that hard body are struck, mediums, cause a diversity of sound from watei, than when the percussion is only within, \\ ithout it may be tried as by the knapping of the
:
38
or striking of the
NATURAL HISTORY.
bottom of a vessel,
filled either
CENT.
Ill,
ferior to that of silver or brass, but rather better-
with milk or with oil; which, though they be more light, yet are they more unequal bodies than
air.
yet
far
we
more
see that a piece of money of gold soundeth flat than a piece of money of silver.
2-23.
The harp hath
the concave not along the

;
Of
the natures of the
mediums we have now
strings, but across the strings
and no instrument
spoken; as for the disposition of the said me diums, it doth consist in the penning, or not pen ning of the air ; of which we have spoken before in the title of delation of sounds it consisteth also in the figure of the concave through which itpasseth ;
:
hath the sound so melting and prolonged as the Irish harp. So as I suppose, that if a virginal were made with a double concave, the one all the
length, as the virginal hath, the other at the end of the strings, as the harp hath ; it must needs
of which
we
will speak next.
make
the sound perfecter, and not so shallow and
jarring.
You may try
it
without any sound-board
Experiments in consort, what

sounds.
the figures of the pipes, or concaves, or the bodies deferent, conduce to the
along, but only harp-wise atone end of the strings ; or lastly, with a double concave, at each end of
the strings one.
How
which
the figures of pipes, or concaves, through sounds pass, or of other bodies deferent,
to the variety

sounds,
the
mirture of
conduce
and
alteration of the sounds;
either in respect of the greater quantity, or less quantity of air which the concaves receive, or in
respect of the carrying of sounds longer and shorter way ; or in respect of many other circum
224. There is an apparent diversity betwee the species visible and audible in this, that the visible doth not mingle in the medium, but the
audible doth.
For
if
we
look abroad,
hills,
we
see
stances; they have been touched, as falling into other titles. But those figures which we are now
to
lines
speak of, we intend through which
to be, as
they concern the

passeth
;
the
sound
as
straight, crooked, angular, circular, &c. 221. The figure of a bell partaketh of the pyramis, but yet coming off and dilating more sud
denly.
is
The
figure of a hunter s horn
and cornet
oblique ; yet they have likewise straight horns ; if they be of the same bore with the oblique, differ
little in
what
a stronger blast.
sound, save that the straight require some The figures of recorders,
men, beasts, at once. And the species of the one doth not con found the other. But if so many sounds came from several parts, one of them would utterly con found the other. So we see, that voices or con sorts of music do make a harmony by mixture, which colours do not. It is true nevertheless that a great light drowneth a smaller, that it cannot be seen as the sun that of a glow-worm as well as a great sound drowneth a lesser. And I suppose likewise, that if there were two lanterns of glass, the one a crimson, and the other an azure, and a
; ;
heaven, a number of stars, trees,
and flutes, and pipes are straight; but the recorder hath a less bore and a greater, above and be low. The trumpet hath the figure of the letter S: which maketh that purling sound, &c. Gene rally the straight line hath the cleanest and round est sound, and the crooked the more hoarse and
jarring.
candle within either of them, those coloured lights would mingle, and cast upon a white paper a pur
And even in colours, they yield a and weak mixture for white walls make rooms more lightsome than black, &c. but the cause of the confusion in sounds, and the inconple colour.
faint
:
fusion in species visible,
is,
for that the
sight
222.
Of a
four flexions, trial
sinuous pipe that may have some would be made. Likewise of
worketh in right lines, and maketh several cones ; and so there can be no coincidence in the eye or
visual point: but sounds, that move in oblique and arcuate lines, must needs encounter and dis
turb the one the other.
a pipe made like across, open in the midst. And so likewise of an angular pipe; and see what will be the effects of these several sounds. And so
225. The sweetest and best harmony is, whrn again of a circular pipe; as if you take a pipe per fect round, and make a hole whereinto you shall every part or instrument is not heard by itself, blow, and another hole not far from that; but but a conflation of them all ; which requireth to with a traverse or stop between them so that your stand some distance off, even as it is in the mix hreathmay go the round of the circle, and come ture of perfumes; or the taking of the smells of
:
lorth at the
second hole.
You may
try likewise
several flowers in the
air.
percussions of solid bodies of several figures; as globes, flats, cubes, crosses, triangles, &c., and their combinations, as flat against flat, and convex
against convex, and convex against flat, &c., and mark well the diversities of the sounds. Try also the difference in sound of several crassitudes of
226.
The disposition of the air in other qualities,
it be joined with sound, hath no great the air be operation upon sounds : for whether lightsome or dark, hot or cold, quiet or stirring, it be with noise, sweet smellinsj, or stink
except
except
hard bodies percussed and take knowledge of the diversities of the sounds. I myself have tried, that
;
ing, or the like; it importeth not much; it may make. pretty alteration or difference
some
a bell of gold yieldeth
an excellent sound, not
in
other: sometimes
227. But sounds do disturb and alter the one the the one drowning the othei,
CENT.
anil
III.
NATURAL HISTORY.
it
making
not heard
sometimes the one

tin;
llit;
jar
trial
may be made
ring ami discording u iili sometimes ;i coiifusinu

;
ami making one mingling and

oilier,
belly,
making another
of a lute of viol with a doublo belly with a kn
eompoandiog with mony.

J-J^
1
the other, and
making
a har
the strings; yet so as there he room enough for the strings, and room enough to play below that
Trial may be made also of an Irish harp. belly. with a concave on both sides, whereas it u^-th to have it but on one side. The doubt may be, lest it should make too much resounding, whereby ono
Two
voices of like
far as
londness will
:
not
be heard twice as
one of them alone
and
two candles of
like light will not
make
things
seen twice as far off as one. The cause is pro found ; hut it seemeth that the impressions from the objects of the senses do mingle respectively, every one with his kind but not in proportion,
:
note would overtake another.
233. If you sing into the hole of a drum, it maketh the singing more sweet. And so I con ceive it would, if it were a song in parts sung as is before demonstrated: and the reason may into several drums; and for handsomeness and be, because the first impression, which is from strangeness sake, it would not be amiss to have privative to active, as from silence to noise, or a curtain between the place where the drums are,
from darkness to light, is a greater degree than and the hearers. from less noise to more noise, or from less light 234. When a sound is created in a wind instru to more light. And the reason of that again may ment between the breath and the air, yet if the be, for that the air, after it hath received a charge, sound be communicated with a more equal body
with like appetite as
doth not receive a surcharge, or greater charge, it doth the first charge. As
for the increase of virtue, generally, what propor tion it beareth to the increase of the matter, it is
of the pipe, it meliorateth the sound. For, no doubt, there would be a differing sound in a trumpet or pipe of wood and again in a trumpet or pipe of brass. It were good to try recorders
:
a large field,
and
to
be handled by
itself.
Experiments in consort touching melioration of

sounds.
229. All reflections concurrent do
make sounds
greater; but if the body that createth either the original sound, or the reflection, be clean and
and hunters horns of brass, what the sound would be. 235. Sounds are meliorated by the intension of the sense, where the common sense is collected most to the particular sense of hearing, and the sight suspended and therefore sounds are sweeter,
:
smooth,
it
maketh them sweeter.
Trial
may
be
as well as greater, in the night than in the day ; and I suppose they are sweeter to blind men than
to others
:
made Mass
open
of a lute or viol, with the belly of polished instead of wood. see that even in the
and
it is
We
air,
the
wire-string
is
sweeter than the
string of guts. water excelleth

in echoes.
And we
;
see that for reflection
ing and waking, when and suspended, music one is fully waking.
manifest, that between sleep all the senses are bound

is far
sweeter than when
as in music near the water, or
Experiments in consort touching the imitation of

sounds.
hath been tried, that a pipe a little moistened on the inside, but yet so as there be no drops left, maketh a more solemn sound than if the pipe were dry: but yet with a sweet degree of sibilation or purling; as we touched it before
230.
It
a thing strange in nature when it is attentively considered, how children, and some birds, learn to imitate speoch. They take no 23G.
It is
mark
at all of the
motion of the mouth of him
in the title of
all
"equality."
The cause
is,
for that
things porous being superficially wet, and,
that spenketh, for birds are as well taught in the dark as by light. The sounds of speech are very
it were, between dry and wet, became a little more even and smooth; but the purling, which must needs proceed of inequality, I take to be bred between the smoothness of the inward sur face of the pipe, which is wet, and the rest of the wood of the pipe unto which the wet cometh not,
as
exquisite: so one would think it were a lesson hard to learn. It is true that it is done with time, and by little and little, and with many essays and proffers but all this dischargeth not the wonder. It would make a man think, though this which we shall say may seem exceed
curious and
but
remaineth dry. frosty weather, music within doors better. Which may be by reason not of the disposition of the air, but of the wood or
it
2 .n. In
soundeth
ing strange, that there is some transmission ot spirits; and that the spirits of the teacher, put in motion, should work with the spirits of the learnei a predisposition to offer to imitate; and so to
string of the
crisp,
instrument, which
is
made more
:
and so more porous and hollow and we sen that old lutes sound better than new, for the sane reason. And so do lute-strings that have been kept 232. Sound is likewise meliorated by the
lon<r.
But touching perfect the imitation by decrees. operations by transmissions of spirits, which is one of the highest secrets in nature, we shall
speak in due place, chiefly when we come to Hut -as for imitation, it inquire of imagination. is certain that there is in men and other ereaturen
a predisposition to imitate.
mingling of open
air
with pent air; therefore
We
see
how
ready
40
NATURAL HISTORY.
CKNT.
Ill
apes and monkeys are to imitate all motions of Experiments in consort touching the reflection of sounds. man; and in the catching of dottrels, we see how the foolish bird playetli the ape in grstures: and There be three kinds of reflections of sounds; ill rtion no man, in effect, doth accompany with others, a reflection concurrent, a iterant, which but he learneth, ere he is aware, some gesture, or we call echo; and a super-reflection, or an echo of an echo; whereof the first hath been handled or fashion of the other. voice,
r<
be the teacher
237. In imitation of sounds, that man should is no part of the matter; for birds
;
in the title of "magnitude of sounds;" the latter
two we
242.
will learn one of another
and there
is
no reward
by feeding, or the like, given them for the imita tion; and besides, you shall have parrots that will not only imitate voices, but laughing, knock
ing, squeaking of a door upon the hinges, or of a cart-wheel; and, in effect, any other noise they
will now speak of. The reflection of species visible by mirrors because passing in right you may command lines, they may be guided to any point: but the
;
hear.
238. No beast can imitate the speech of man, but birds only; for the ape itself, that is so ready to imitate otherwise, attaineth not any degree of imitation of speech. It is true, that I have
reflection of sounds is hard to master; because the sound, filling great spaces in arched lines, cannot be so guided and therefore we see there hath not been practised any means to make And no echo already known artificial echoes. returneth in a very narrow room.
:
243.
The
natural echoes are

hills,
made upon
walls,
woods, rocks,
and banks; as
for waters,
a dog, that if one howled in his ear, he being near, they make a concurrent echo; but fall a howling a great while. What should being farther off, as upon a large river, they be the aptness of birds in comparison of beasts, make an iterant echo for there is no difference to imitate the speech of man, may be further between the concurrent echo and the iterant, but see that beasts have those parts the quickness or slowness of the return. But inquired. which they count the instruments of speech, as there is no doubt but water doth help the dela As tion of echo; as well as it helpeth the delation lips, teeth, &c., liker unto man than birds.
known
would
We
for the neck,
by which the
it
throat passeth,
hath been formerly What better gorge or artery birds have touched, that if you speak through a trunk be farther inquired. The birds that are stopped at the farther end, you shall find a blast may known to be speakers are, parrots, pies, jays, return upon your mouth, but no sound at all daws, and ravens. Of which parrots have an The cause is, for that the closeness which pre serveth the original, is not able to preserve the adunque bill, but the rest not. 239. But I conceive, that the aptness of birds reflected sound : besides that echoes are seldom
many
beasts have
for the length as
we see much as
of original sounds. 244. It is certain, as
birds.
is
not so
much
in the conformity of the organs of
created but by loud sounds.
And
therefore there
speech as in their attention. For speech must is less hope of artificial echoes in air pent in a come by hearing and learning; and birds give narrow concave. Nevertheless it hath been more heed, and mark sounds more than beasts; tried, that one leaning over a well of twenty-five
because naturally they are more delighted with them, and practise them more, as appeareth in
their singing. see also that those that teach birds to sing, do keep them waking to increase T their attention. e see also that cock birds,
We
you speak, will not yield echoes as wells do. 245. The echo cometh, as the original sound amongst singing birds, are ever the better singers which may be, because they are more lively and doth, in a round orb of air: it were good to try listen more. the creating of the echo where the body reper240. Labour and intention to imitate voices cussing maketh an angle as against the return doth conduce much to imitation: and therefore we of a wall, &c. Also we see that in mirrors there
; :
fathom deep, and speaking, though but softly, yet not so soft as a whisper, the water returned a good It would be tried, whether speak audible echo. ing in caves, where there is no issue save where
see that there be certain
"pantomimi,"
that will
represent the voices of players of interludes so to life, as if you see them not you would think they were those players themselves; and so the
s the like angle of incidence, from the object to And if the glass, and from the glass to the eye. you strike a ball sidelong, not full upon the sur
face, the
voices of other
terfeit the
men
241. There have been
that they hear. some that could
way: whether
coun
j
echoes, that
rebound will be as much the contrary there be any such resilience in is, whether a man shall hear better
distance of voices, which is a secondary object of hearing, in such sort, as when they stand fast by you, you would think the speech came from afar off, in a fearful manner.
How
I
this is
done may be further inquired.

it
But
see
if he stand aside the body repeiCOMUg, than if he stand where he speaketh, or anywhere in a Trial likewise right line between, may be tried. would be made, by standing nearer the place of and ngnin repercussing than he that spraketh ;
no great use of
but for imposture, in counter
feiting ghosts or spirits.
by standing farther off than he that speaketh ; and so knowledge would be taken, whether echoes,
CENT. HI.
as well as original sounds, be
riot
NATURAL HISTORY.
strongest near
II
And whereas
returns
in
hand.
Jlil.
to hear four or five

Tli.Ti!
(ehucs of one return, it is \v., r ,is in this echo of so

;
much many
many
is
hear
it
.1
number of echoes one

there
[daces where you shall after another; and

liills
upon
the matti
r,
you hear aliove twenty
words
250.
for three.
echo upon echo, but only with woods, some nearer, some farther so that the return twn reports, hath been observed to be, if you stand from tin- farther, bring last created, will he like between a house and a hill, and lure towards the For the house will give a hack echo; one hill. wise last heard. J 17. As the voice goeth round, as well towards taking it from the other,and the latter the weaker. 251. There are certain letters that an echo will the back, as towards the front of him that speaketh; so likewise doth the echo: for you have hardly express; as S for one, especially being many hack echoes to the place where you stand. principal in a word. I remember well, that when d make an echo that will Jls. report three, I went to the echo at Pont-Charenton, there was or four, or five words distinctly, it is requisite that an old Parisian, that took it to be the work of the body repercussing be a good distance off; spirits, and of good spirits. For, said he, call for if it he near, and yet not so near as to make a Satan," and the echo will not deliver back the concurrent echo, it choppeth with you upon the devil s name; but will say, "va t en;" which is or avoid. And sudden. It is requisite likewise that the air be as much in French as apage" not much pent: for air at a great distance pent, thereby I did hap to find, that an echo would not worketh the same effect with air at large in a small return S, being but a hissing and an interior
is
when
a variety of
oft":
or
The
like
"
"
And therefore in the trial of speaking sound. 252. Echoes are some more sudden, and chop in the well, though the well was deep, the voice came back suddenly, and would bear the report again as soon as the voice is delivered as hath
distance.
;
but of two words.

249.
For echoes upon echoes, there
actly describe.
instance thereof in a place which I It is some three or four miles
a rare will now ex

is
from Paris, near a town called Pont-Charenton; and some bird-bolt shot or more from the river of
Seine.
The room
all
is
a chapel or small church.
The
walls
the ends.
standing, both at the sides and at Two rows of pillars, after the manner
of aisles of churches, also standing ; the roof all open, not so much as any embowments near any of the walls
the
left.
been partly said others are more deliberate, that is, give more space between the voice and the echo, which is caused by the local nearness or distance some will report a longer train of words, and some a shorter; some more loud, full as loud as the original, and sometimes more loud, and some weaker and fainter. 253. Where echoes come from several parts at the same distance, they must needs make, as it were, a choir of echoes, and so make the report greater, and even a continued echo; which you
:
a stack of billets above a
There was against every pillar man s height; which
shall find in
theatre-like.
some
hills that stand
encompassed
watermen
that bring
wood down
the Seine in
stacks, and not in boats, laid there, as it seemeth, for their ease. Speaking, at the one end, I did
254. It doth not yet appear that there is refrac tion in sounds, as well as in species visible. For
I
do not think
that, if a
hear
it
and
I have,
return the voice thirteen several times; heard of others, that it would return
:
divers
liver the
mediums, as sound in a
it
sound should pass through wood, it would de differing place from that unto
air, cloth,
sixteen times
for I
was
:
there about three of the

it is
which
is
deferred
clock in the afternoon and echoes are, in the evening.

is
best, as all other
of refraction.
which is the proper effect ; But majoration, which is also the
It is manifest that it not echoes from several places, but a tossing of the voice, as a ball, to and fro, like to reflections
work of
refraction, appeareth plainly in sounds, as hath been handled at full, but it is not by di
versity of
mediums.
in looking-glasses,
you place one glass before and another behind, you shall see the glass Experiments in
if
where
consort touching the consent and behind with the image, within the glass before; dissent between visiblcs and audibles. u obiter," for demonstration s sake, and again, the glass before in that; and divers We have euch super-reflections, till the species speciei" used in divers instances the examples of the sight at last die. For it is every return weaker and and things visible, to illustrate the nature of more shady. In like manner, the voice in that sounds but we think good now to prosecute that chapel createth "speciem speciei," and maketh comparison more fully.
"
succeeding super-reflections; for it melteth by degrees, and every reflection is weaker than the former: so that if you speak three words, it will,
three times report you the whole words; and then the two latter words for ome times; and then the last word alone for some times, still fading and growing weaker. VOL. II. 6
three
Consent of visibles and audibles. 255. Both of them spread themselves in round,
perhaps, some
and fill a whole floor or orb unto certain limits, and are carried a great way and do languish and lessen by degrees, according to the distance of the objects from the sensories.
:
12
256.
NATURAL HISTORY.
Both of them have the whole species in intentive and
erect,
CENT. TIL
insomuch as you contract your
;
every small portion of the air, or medium, so as eye when you would see sharply ; and erect your the species do pass through small crannies without ear when you would hear which in attentively
confusion:
the eye
;
as
we
and in crannies or chinks, as
see ordinarily in levels, as to to the

l
:
beasts that have ears movable
is
most manifest.
they are multi:
207.
The beams
of light,
when
sound.
257.
Both of them are of a sudden and easy
plied and conglomerate, generate heat, which is a different action from the action of sight and the
generation and delation: and likewise perish swiftly and suddenly ; as if you remove the light,
or touch the bodies that give the sound.
j
multiplication and coglomeration of sounds doth generate an extreme rarefaction of the air; which
is an action materiate, differing from the action Both of them do receive and carry ex of sound ; if it be true, which is anciently report and accurate differences; as of colours, ed, that birds with great shouts have fallen quisite figures, motions, distances, in visibles ; and of down. articulate voices, tones, songs, and quaverings, in
258.
audibles.
Dissents of visibles
and
audibles.
259. Both of them, in their virtue and working, do not appear to admit any corporal substance into
their
mediums,
or the orb of their virtue

stir
neither
species of visibles seem to be emis sions of beams from the objects seen, almost like odours, save that they are more incorporeal : but
268.
The
again to rise or
their
any evident
local
as they pass ; but only to carry certain spiritual species ; the perfect knowledge of the cause whereof, being hitherto scarcely at
mediums
motion in the species of audibles seem to participate more with local motion, like percussions, or impres
sions
made upon
the
air.
So
that
whereas
all
tained,
shall search and handle in due place. Both of them seem not to generate or produce any other effect in nature, but such as appertained to their proper objects and senses, and are otherwise barren.
we
bodies do seem to work in two manners, either by the communication of their natures or by the im
pressions and signatures of their motions; the diffusion of species visible seemeth to participate
2GO.
more of the former operation, and the species au

dible of the latter.
261.
action, in that
But both of them, in their own proper do work three manifest effects. The first, the stronger species drowneth the lesser;
269.
ried
The species of audibles seem to be car more manifestly through the air than the spe
as the light of the sun, the light of a the report of an ordnance, the voice :
glow-worm; strong wind
cies of visibles: for I conceive that a contrary will not much hinder the sight of
visibles, as
it
The
second,
in that an object of surcharge or excess destroyeth
270. There
is
will do the hearing of sounds. one difference above all other be
the sense ; as the light of the sun the eye ; a violent sound near the ear the hearing : The third,
in that both of
tween
visibles and audibles, that is the
most
re
them
will be reverberate
as in
mirrors, and in echoes. 262. Neither of them doth destroy or hinder the species of the other, although they encounter
markable, as that whereupon many smaller differ ences do depend namely, that visibles, except lights, are carried in right lines, and audibles in
:
Hence it cometh to pass, that vi do not intermingle and confound one another, in the same medium, as light or colour hinder not as hath been said before, but sounds do. Hence it cometh, that the contra." sound, nor solidity of bodies doth not 263. Both of them effect the sense in living much hinder the sight, so that the bodies be clear, and the pores in a right line, as in glass, crystal, creatures, and yield objects of pleasure and dis like yet nevertheless the objects of them do also, diamonds, water, &c. but a thin scarf or handker if it be well observed, affect and work upon dead chief, though they be bodies nothing so solid, hin things namely, such as have some conformity der the sight whereas, contrariwise, these porous with the organs of the two senses, as visibles work bodies do not much hinder the hearing, but solid upon a looking-glass, which is like the pupil of bodies do almost stop it, or at the least attenuate the eye and audibles upon the places of echo, it. Hence also it cometh, that to the reflection which resemble in some sort the cavern and of visibles small glasses suffice ; but to the re
arcuate lines.
sibles
"e
structure of the ear.
verberation of audibles are required greater spaces,

before.
264.
Both of them do diversely work, as they as hath likewise been said
diversely disposed. trembling medium, as smoke, maketh the object seem to tremble, and a rising or falling medium,
have
their
medium
So
271. Visibles are seen further off than sounds

are heard, allowing nevertheless the rate of theii bigness, for otherwise a great sound will be heard
further off than a small
as winds, maketh the sounds to rise or fall. 265. To both, the medium, which is the most
body seen.
conducible, is air, for glass or water, &c. are not comparable. 266. In both of them, where the object is fine ond nc(":"ate, it conduceth much to have the sense
propitious and
272. Visibles require, generally, some distance between the object and the eye, to be better seen ;
whereas in audibles, the nearer the approach of the sound is to the sense, the better. But in this
there
may
be a double error.
The
one, because tu
CENT.
III.
NATURAL HISTORY.
ittle
ill
seeing there is required light; and any thing that toucheth the pupil of tin- eye all over exelmleth For I have heard of a person very cre the light.
dible,
tincture to that air
which
is
adjacent
which
they did,
in the
ine.
s
should see colours, out of a right But as this is in colours, so otherwise it
we
who himself was
cured of a cataract in one
body of
light.
For when there
is
of Ins rye-;, that while the silver needlo did work upon the sight of his eye, to remove the film of
the cataract, ho never saw any tiling more clear or perfect than that white needle: which, no
screen between the candle and the eye, yet the ght passeth to the paper whereupon one writeth ;
doubt, was, because the needle was lesser than the pupil of the eye, and so took not the light from it. The other error may be, for that the ob
ject
iirectly
<save
of sight doth strike upon the pupil of the eye without any interception; whereas the
of the ear doth hold off the sound a
:
little
from
dis
the organ
and so nevertheless there
is
some
tance required in both. 273. Visibles are swiftlier carried to the sense
; as appeareth in thunder and light ning, Ilame, and report of a piece, motion of the All which have been set air in hewing of wood.
where the body of the lame is not seen, and where any colour, if it were placed where the body of the flame is, would I judge that sound is of this latter not be seen. nature ; for when two are placed on both sides of a wall, and the voice is heard, I judge it is not only the original sound which passeth in an archd line; but the sound which passeth above the wall in a right line, begetteth the like motion round about it as the first did, though more weak.
so that the light is seen
than audibles
Experiments in consort touching the sympathy or antipathy of sounds one with another.
278. All concords and discords of music are, no doubt, sympathies and antipathies of sounds. And so, likewise, in that music which we call
down
heretofore, but are proper for this title. 274. I conceive also, that the species of au
in the air than those of vi although even those of visibles do hang some time, as we see in rings turned, that show like spheres ; in lute-strings filliped ; a fire brand carried along, which leaveth a train of light behind it; and in the twilight, and the like; yet
dibles do
:
hang longer
sibles
for
jroken music, or consort music, some consorts of instruments are sweeter than others, a thing not sufficiently yet observed as the Irish harp
:
and
the recorder and agree well organs and the voice stringed music agree well
base viol
agree well, &c.

or the
But the virginals and the

:
lute,
conceive that sounds stay longer, because they are carried up and down with the wind ; and be cause of the distance of the time in ordnance dis
I
harp and Irish harp, or the voice and pipes alone, agree not so well but for the melioration of music there is yet much left, in
this point of exquisite consorts, to try
Welsh
charged, and heard twenty miles
off.
and inquire.
275. In visibles there are not found objects so odious and ingrate to the sense as in audibles.
279. There
is
common
upon
lute or viol be laid
observation, that if a the back, with a small
For
foul sights
do rather displease,
in that they
of foul things, than in the immediate objects. And therefore in pictures, those foul sights do not much offend ; but in au
excite
the
memory
straw upon one of the strings, and another lute or viol be laid by it ; and in the other lute or viol the unison to that string be strucken, it will make the string move, which will appear both to the
dibles, the grating of a
saw, when
as
it
it
is
ed, doth offend so
much
setteth the teeth
sharpen eye, and by the straw s falling off. The like will on be, if the diapason or eighth to that string be
strucken, either in the same lute or viol, or in others lying by: but in none of these there is
edge. the ear doth straightways refuse. 276. In visibles, after great light, if you come suddenly into the dark, or contrariwise, out of the
And any
of the harsh discords in music
any report of sound that can be discerned, but

only motion. 280. It was devised, that a viol should have a lay of wire-strings below, as close to the belly as a lute, and then the strings of guts mounted
dark into a glaring light, the eye is dazzled for a but whether any time, and the sight confused
;
such effect be after great sounds, or after a deep It is an old tra silence, may be better inquired.
dition, that those that
upon a bridge as in ordinary viols: to the end, dwell near the cataracts of that by this means, the upper strings strucken Nilus are strucken deaf: but we find no such effect should make the lower resound by sympathy, and in cannoniers nor millers, nor those that dwell so make the music the better ; which if it be to
upon
is
briil
iri
vs.
277. It seemeth that the impression of colour so weak as it worketh not but by a cone of
report of sound as
direct
beams, or right lines, whereof the basis is and the vertical point in the eye ; so is a corradiation and conjunction of and those beams so sent forth, yet are beams; not of any force to beget the like borrowed or second beams, except it be by reflection, whereof we speak not. For the beams pass, and give
in the object,
sympathy worketh as well by by motion* But this device I conceive to be of no use, because the upper strings, which are stopped in great variety, can
purpose, then
as there
not maintain a diapason or unison with the lower, which are never stopped. But if it should be of use at all, it must be in instruments which have
no stops, as virginals and harps; wherein tnal may be made of two rows of strings, distant th* one from the other
NATURAL HISTORY.
281.
to
CENT.
III.
The experiment
of
sympathy may
be,
transferred, perhaps, from instruments of strings other instruments of sound. As to try, if
essence of sounds. For if it were corporeal, the repercussion should be created in the same man
were in one steeple two bells of unison, whether the striking of the one would move the other, more than if it were another accord and so in pipes, if they be of equal bore and sound, whether a little straw or feather would move in the one pipe, when the other is blown at a unison. 282. It seemeth, both in ear and eye, the in
there
:
and by like instruments with the original sound but we see what a number of exquisite instruments must concur in speaking of words, whereof there is no such matter in the returning of them, but only a plain stop and repercussion.
ner,
:
288.
The
exquisite differences of articulate
sounds, carried along in the air, show that they cannot be signatures or impressions in the air, as
strument of sense hath a sympathy or similitude hath been well refuted by the ancients. For it is with that which giveth the reflection, as hath true, that seals make excellent impressions; and been touched before ; for as the sight of the eye so it may be thought of sounds in their first is like a crystal, or glass, or water; so is the ear generation; but then the delation and continuance a sinuous cave, with a hard bone to stop and of them, without any new sealing, show apparently reverberate the sound ; which is like to the places they cannot be impressions. that report echoes. 289. All sounds are suddenly made, and do suddenly perish but neither that, nor the exqui Experiments in consort touching the hindering or site differences of them, is matter of so great the hearing. admiration: for the quaverings and warblings in helping of 283. When a man yawneth, he cannot hear so lutes and pipes are as swift; and the tongue, well. The cause is, for that the membrane of which is no very fine instrument, doth in speech the ear is extended ; and so rather casteth off the make no fewer motions than there be letters in all the words which are uttered. But that sounds sound than draweth it to. 284. We hear better when we hold our breath should not only be so speedily generated, but than contrary insomuch, as in all listening to carried so far every way in such a momentary attain a sound afar off, men hold their breath. time, deserveth more admiration. As, for ex The cause is, for that in all expiration the motion ample, if a man stand in the middle of a field is outwards; and therefore rather driveth away and speak aloud, he shall be heard a furlong in the voice than draweth it: and besides, we see, round; and that shall be in articulate sounds; that in all labour to do things with any strength, and those shall be entire in every little portion of we hold the breath; and listening after any sound the air; and this shall be done in the space of less than a minute. that is heard with difficulty is a kind of labour. 290. The sudden generation and perishing of 285. Let it be tried, for the help of the hearing, and I conceive it likely to succeed, to make an sounds must be one of these two ways. Either instrument like a tunnel ; the narrow part whereof that the air suffereth some force by sound, and may be of the bigness of the hole of the ear ; and then restoreth itself as water doth; which being the broader end much larger, like a bell at the divided, maketh many circles, till it restore itself And to the natural consistence or otherwise, that the skirts ; and the length half a foot or more. let the narrow end of it be set close to the ear and air doth willingly imbibe the sound as grateful, mark whether any sound, abroad in the open air, but cannot maintain it; for that the air hath, as will not be heard distinctly from farther distance it should seem, a secret and hidden appetite of than without that instrument; being, as it were, receiving the sound at the first; but then other an ear-spectacle. And I have heard there is in gross and more materiate qualities of the air Spain an instrument in use to be set to the ear, straightways suffocate it, like unto flame, which that helpeth somewhat those that are thick of is generated with alacrity, but straight quenched by the enmity of the air or other ambient bodies. hearing. There be these differences in general, by which 286. If the mouth be shut close, nevertheless there is yielded by the roof of the mouth a murmur, sounds are divided: 1. Musical, immusical. 2.
:
4. Soft, loud. 3. Flat, sharp. such as is used by dumb men. But if the nostrils Treble, base. be likewise stopped, no such murmur can be made, 5. Exterior, interior. 6. Clean, harsh, or purling except it be in the bottom of the palate towards 7. Articulate, inarticulate. have laboured, as may appear, in this the throat. Wheretty it appeareth manifestly, that a sound in the mouth, except such as afore inquisition of sounds diligently; both because said, if tht mouth be stopped, passeth from the sound is one of the most hidden portions of nature, as we said in the beginning, and because palate through the nostrils. it is a virtue which may be called incorporeal Experiments in consort touching the spiritual and and immateriate, whereof there be in nature but few. Besides, we were willing, now in these fine nature of sounds.
We
287.
call
The
is
echo,
repercussion of sounds, which we our first centuries, to make a pattern or precedent a great argument of the spiritual of an exact inquisition ; and we shall do the like
CBITT. III.
In real ter in I
.ir
NATURAL HISTORY.
some other subjects wliich require
it.
we
how
is;
desire that men should Ir.im ;iinl perceive severe a tiling the true imjiiisition of nature
tlic
l>y
and that they love bette. cleaving more or less he touch of somewhat that is tangible, than of air.
:
For water
that is
and should accustom themselves
light
small quantity rlcaveth solid ; and so would metal

in
it
to
any tlung
if
tin;
too,
df particulars, to enlarge their minds to tlie amplitude of the world. ;md not reduce the world to the
weight drew
liate, or
not
off.
And
therefore gold fo
;
any metal
as have a
foliate
cleaveth
but those
cleaving,
narrowness of their minds.
bodies which are noted to be

an- sin-h
clammy and
more
indifferent appetite at
Experiment
solitary touching . dissolution if metals.
the orient colours in
once to follow another body, and to hold to them selves. And therefore they are commonly bodies
ill mixed ; and which take more pleasure in a fo reign body than in preserving their own consist ence, and which have little predominance in drought or moisture.
291. Metals give orient and fine colours in dis as gold giveth an excellent yellow, quicksilver an excellent green, tin giveth an
solutions;
excellent -.miro: likewise in their putrefactions or rusls; as vermilion, verdigrease, bise, cirrus, &c., and likewise in their vitrifications. The cause is,
for that
Experiment
294.
solitary touching the like operations nf
endure an equal posture, and again

principal spirit;
their strength of body they are able to the fire or strong waters, and to be put into
hy
heat
and
time.
Time and heat
are fellows in
many effects.
;
to retain part of their
Heat
drieth bodies that do easily expire
as parch
which two things, equal posture ment,

chiefly to
and quick
spirits, are required
make
colours lightsome.
leaves, roots, clay, &c. And so doth time or age arefy : as in the same bodies, &c. Heat dissolveth and melteth bodies that keep in their spi
rits
:
as in divers liquefactions
and so doth time
some bodies of a softer consistence, as is mani 292. It conduceth unto long life, and to the fest in honey, which by age waxeth more liquid, more placid motion of the spirits, which thereby and the like in sugar; and so in old oil, which is do less prey and consume the juice of the body, ever more clear and more hot in medicinable use. either that men s actions be free and voluntary Heat causeth the spirits to search some issue out
Experiment
solitary touching prolongation of
life*
in
se- of the body ; as in the volatility of metals: and but cundum genium;" or, on the other side, that the so doth time ; as in the rust of metals. But gene actions of men be full of regulation and commands rally heat doth that in small time which age doth within themselves for then the victory and per in long.
"invita Minerva,"
"
that nothing be
done
forming of the command giveth a good disposition to the spirits, especially if there be a proceeding from Experiment solitary touching the differing opei a tion ofjire and lime. degree to degree; for then the sense of the victory 295. Some things which pass the fire are soft An example of the former of these is the greater. is in a country life; and of the latter in monks and est at first, and by time grow hard, as the crumb of bread. Some are harder when they come from philosophers, and such as do continually enjoin the fire, and afterwards give again, and grow soft, themselves. as the crust of bread, bisket, sweet-meats, salt, &c. Experiment solitary touching appetite of union in The cause is, for that in those things which wax bodies. hard with time, the work of the fire is a kind of 293. It is certain that in all bodies there is an melting; and in those that wax soft with time, contrariwise, the work of the fire is a kind of bak appetite of union and evitation of solution of conti nuity ; and of this appetite there be many degrees ; ing and whatsoever the fire baketh, time doth in but the most remarkable and fit to be distinguished some degree dissolve. are three. The first in liquors; the second in hard bodies and the third in bodies cleaving or Experiment solitary touching motions by imitation. tenacious. In liquors this appetite is weak we 296. Motions pass from one man to another,
: ;
:
see in liquors the threading of them in stillicides, as hath been said ; the falling of them in round
drops, which of them for a
is
not so
tion
;
much by exciting imagination as by invita especially if there be an aptness or inclina
the form of union, and the staying
tion before.
little
time in bubbles and froth.
In
the second degree or kind, this appetite is strong; as in iron, in stone, in wood, &c. In the third,
this appetite is in a two: for such bodies
Therefore gaping, or yawning, and stretching do pass from man to man; for that that causeth gaping and stretching is, when the spirits
are a
For little heavy by any vapour, or the like. then they strive, as it were, to wring out and ex do partly follow the touch of pel that which loadeth them. So men drowsy, another body, and partly stick and continue to and desirous to sleep, or before the fit of an ague, themselves; and therefore they rope and draw do use to yawn and stretch, and do likewise yield themselves in threads, us we see in pitch, glue, a voice or sound, which is an interjection of ex
medium between
the other
birdlime, &c.
But
note, that all solid bodies are
pulsion
so that
if
another be apt and prepared to
NATURAL HISTORY.
do the
CENT
III.
No
*
like, he followeth by the sight of another. the laiiohinir of another inaketh to laugh.
nourishment into the pans more forcibly.
Se
Experiment solitary touching infectious diseases. J T. There be some known diseases that arc Those that infectious; and others that are not. arc infectious arc, first, such as are chiefly in the spirits, and not so much in the humours, and therefore pass easily from body to body ; such Se are pestilences, lippitudes, and such like. condly, such as taint the breath, which we see passeth manifestly from man to man, and not invisibly, as the effects of the spirits do; such are consumptions of the lungs, &c. Thirdly, such as come forth to the skin, and therefore taint
.
condly, that it helpeth to excern by sweat, and so inaketh the parts assimilate the more perfectly. Thirdly, that it inaketh the substance of the body
more solid and compact, and so less apt to The consumed and depredated by the spirits. evils that come of exercise are, first, that it makeih the spirits more hot and predatory, Secondly,
t>e.
that
it
much
doth absorb likewise, and attenuate too the moisture of the body. Thirdly, that it
maketh too great concussion, especially if it be violent, of the inward parts, which delight more in rest. But generally exercise, if it be much, is no friend to prolongation of life, which is one
cause
they
the air of the body adjacent, especially if they consist in an unctuous substance not apt to dissi
why women
live longer
than men, because
stir less.
Fourthly, such pate, such as scabs and leprosy. as are merely in the humours, and not in the spirits, breath, or exhalations ; and therefore they never infect but by touch only ; and such a touch
also as cometh within the
Experiment
solitary touching meats

satiety.
that
induce
300. Some food we may use long, and much, without glutting, as bread, flesh that is not fat or "epidermis;" Some other, though pleasant, glutteth rank, &c. venom of the French pox, and the biting of a sooner, as sweet-meats, fat-meats, &c. The cause
as the
mad
dog.
solitary touching the incorporation of
is, for
that appetite consisteth in the emptinessof the
mouth of the stomach, or possessing it with some what that is astringent, and therefore cold and powders and liquors. 298. Most powders grow more close and co dry. But things that are sweet and fat are more herent by mixture of water, than by mixture of filling, and do swim and hang more about the as meal, &c. mouth of the stomach, and go not down so speedi oil, though oil be the thicker body The reason is, the congruity of bodies; which if ly and again turn soon to choler, which is hot, and ever abateth the appetite. We see also that it be more, maketh a perfecter imbibition and in which in most powders is more be another cause of satiety is an over-custom, and corporation tween them and water, than between them and of appetite is novelty, and therefore meats, if the oil but colours and ashes, do same be continually taken, induce loathing. To
Experiment
: :
: painters ground, better incorporate with oil.
Experiment
299.
solitary touching exercise of the body.
give the reason of the distaste of satiety, and of the pleasure in novelty, and to distinguish not only in meats and drinks, but also in motions,
loves, company, delights, studies, what they be that custom maketh more grateful, and what more
is good for and less motion for others. If the body be iiot and void of super fluous moistures, too much motion hurteth and it is an error in physicians to call too much upon exercise. Likewise men ought to beware, that but they use not exercise and a spare diet both if much exercise, then a plentiful diet; and if
Much motion and

;
exercise
some bodies
and
sitting
But for meats, the were a large field. which is quicker, and more which is new than towards that whereof there remaineth a relish by former use. And, generally, it is a rule, that whatsoever
tedious,
cause
is attraction,
excited towards that
is
somewhat
;
ingrate at
first is
The benefits fcparing diet, then little exercise. that come of exercise are, first, that it sendeth
custom
but whatsoever
is
made grateful by too pleasing at first,
groweth quickly
to satiate.
CENT. IV
NATURAL HISTORY.
47
CENTURY
of
liijuurs,
IV.
On
the other side
it were good to try, to the liquor more lees than his for though the lees do make the
the clarification
306.
and
the accelerating thereof.
ACCELERATION of time,
well be esteemed
is
"inter
in
magnalia
works of nature, may nature." Anr
what the adding own will work;
evt n in divine miracles, accelerating of the time next to the creating of the matter. wil
Take liquor turbid, yet they refine the spirits. thereiore a vessel of new beer, and take another
vessel of new beer, and rack the one vessel from the
lees, and pour the lees of the racked vessel into the unracked vessel, and see the effect: this in stance is referred to the refining of the spirits.
We
now
for acceleration of germination,
therefore proceed to the inquiry of it: and we will refer
over unto the place where we shall handle the subject of plants generally, and will now begin with other accelerations.
301.
307. Take new beer, and put in some quantity of stale beer into it, and see whether it will not
accelerate the clarification, by opening the body of the beer, and cutting the grosser parts, whereby
Liquors are,
many
of them, at the
first,
thick and troubled;

fruits, or
as muste, wort, juices of

to
herbs expressed, &c. and by time they

clarify.
they
may
fall
down
into lees.
And
this instance
clear before again is referred to separation. 308. The longer malt or herbs, or the like, are a spur to nature, and putteth her out of her pace and, besides, it infused in liquor, the more thick and troubled the is of good use for making drinks and sauces po liquor is ; but the longer they be decocted in the
settle
and
But
make them
it is
:
the time
is
a great work, for
table
and serviceable speedily.

the causes of clarification.
But
means of
accelerating clarification,
know
is,
to know the we must first The first cause
The reason is plain, liquor, the clearer it is. because in infusion, the longer it is, the greater is the part of the gross body that goeth into tha
:
but in decoction, though more goe by the separation of the grosser parts of the liquor The second, by the equal forth, yet it either purgeth at the top, or settleth liquor from the finer. distribution of the spirits of the liquor with the at the bottom. And therefore the most exact way tangible parts: for that ever represented bodies to clarify is, first, to infuse, and then to take off clear and untroubled. The third, by the refining the liquor and decoct it as they do in beer, which the spirit itself, which thereby giveth to the liquor hath malt first infused in the liquor, and is after more splendour and more lustre. wards boiled with the hop. This also is referred
;
302.
First, for separation,
it
is
wrought by
to separation.
309. Take hot embers, and put them about a weight, as in the ordinary residence or settlement of liquors; by heat, by motion, by precipitation, bottle filled with new beer, almost to the very
be well stopped, lest it fly renewing the embers every day, by the space of ten days, and then compare it with another bottle of the same beer set by. which viscous body, afterwards severed, draweth Take also lime both quenched and unquenched, with it the grosser parts of the liquor ; and lastly, and set the bottles in them ut supra." This nstance is referred both to the even distribution, by percolation or passage. 303. Secondly, for the even distribution of the and also to the refining of the spirits by heat. 310. Take bottles, and swing them, or carry spirits, it is wrought by gentle heat; and by hem in a wheel-barrow upon rough ground twice agitation or motion, for of time we speak not, because it is that we would anticipate and re n a day, but then you may not fill the bottles full, present ; and it is wrought also by mixture of )ut leave some air; for if the liquor come close to some other body which hath a virtue to open the he stopple, it cannot play nor flower and when fou have shaken them well either way, pour the liquor, and to make the spirits the better pass
is,
or sublimation, that
parts either up or
down, which
a calling of the several is a kind of at
neck;
out;
let the bottle
and continue
it,
traction; by adhesion, as when a body more viscous is mingled and agitated with the liquor,
"
through. 304. Thirdly, for the refining of the spirit, it is wrought likewise by heat, by motion, and by mixture of some body which hath virtue to attenu
ate.
drink into another bottle stopped close after the usual manner, for if it stay with much air in it,
the drink will pall ; neither will it settle so per Let it stand some twentyfectly in all the parts.
four hours, then take it, and put it again into a bottle with air, ut supra and thence into a bot
"
So
therefore,
having shown the causes
for
the accelerating of clarification in general, and the inducing of it, take these instances and trials.
:"
tle
stopped,
"ut
supra
:"
305.
It is in
common
beer from the lees, which it will clarify much the sooner
practice to draw wine or we call racking, whereby

;
operation for seven days.
and so repeat the same Note, that in the empty

it
ing of one bottle into another, you must do
for the lees,
though
they keep the drink in heart, and make it lasting, yet withal they cast up some spissitude: and this instance is to be referred to separation*
It were good also to try swiftly lest the drink pall. it in a bottle with a little airbelow the neck, without
emptying.
This instance
is
referred to the
even
distribution and refining of the spirits
by motion.
13
NATURAL HISTORY.
maketh
force the spirits
CENT. IV
which belongeth
311. As for percolation inward and outward, to separation, trial would be made of clarifying by adhesion, with milk put into new beer, and stirred with it: for it may be that the
grosser part of the beer will cleave to the milk: the doubt is, whether the milk will sever well
it work It were good also to en again. by some mixtures that may excite and quicken them; as by putting into the bottles, We see cream is matured nitre, chalk, lime, &c. and made to rise more speedily by putting in cold
water; which, as
it
seerneth, getteth
down
the
again
which
is
soon
tried.
And
it
is
usual in
|
whey.
315. It
is
clarifying hippocras to put in milk; whicif after severeth and carrieth with it the grosser parts of
tried, that the
burying of bottles of
the hippocras, as hath been said elsewhere. for the better clarification by percolation,
Also
drink well stopped, either in dry earth a good depth; or in the bottom of a well witiiin water;
best of
all,
when and
they tun new beer, they use to let it pass through a strainer, and it is like the finer the strainer is
the clearer
it
somewhat above
the hanging of them in a deep well the water for some fortnight s
space, is an excellent means of making drink fresh and quick ; for the cold doth not cause any exhal ing of the spirits at all, as heat doth, though it rariExperiments in consort touching maturation, and fieth the rest that remain but cold maketh the the accelerating Jlnd first, touching the thereof. spirits vigorous, and irritateth them, whereby they maturation ami quickening of drinks. Jlnd next, incorporate the parts of the liquor perfectly. it is touching the maturation offruits. 316. As for the maturation of
will be.
;
fruits,
wrought
The
quire natures.
of.
accelerating of maturation we will now in And of maturation itself. It is of three
The maturation
This
last
of fruits, the maturation
imposthumes and where we shall handle experiments medicinal. There inception of putrefaction hath in it a maturation. be also other maturations, as of metals, &c. where 317. There were taken apples, and laid in straw, of we will speak as occasion serveth. But we in hay, in flour, in chalk, in lime covered over
ulcers.
of drinks, and the maturation of
we
refer to another place,
by the calling forth of the spirits of the body out ward, and so spreading them more smoothly: and likewise by digesting in some degree the grosser parts; and this is effected by heat, motion, attrac tion, and by a rudiment of putrefaction; for the
such
will begin with that of drinks, because it hath affinity with the clarification of liquors.
in
with onions, covered over with crabs, closed up wax, shut in a box, &c. There was also an
312. For the maturation of drinks, it is wrought by the congregation of the spirits together, where by they digest more perfectly the grosser parts and it is effected partly by the same means that clarification is, whereof we spake before ; but then note, that an extreme clarification doth spread the spirits so smooth, as they become dull, and the drink dead, which ought to have a little flowering.
:
apple hanged up in smoke, of all which the expe riment sorted in this manner. 318. After a month s space, the apple enclosed in wax was as green and fresh as at the first put
ting in, and the kernels continued white. The cause is, for that all exclusion of open air, which
is ever predatory, maintaineth the body in its first freshness and moisture; but the inconvenience is, that it tasteth a little of the wax : which I sup
And
313.
therefore all your clear amber drink is fiat. see the degrees of maturation of drinks
We
in muste, in wine, as
drunk, and in vinegar. Whereof muste hath not the spirits well congre wine hath them well united, so as they make gated ;
it is
;
pose, in a pomegranate, or fruit, it would not do.
some such thick-coated
the parts
319. The apple hanged in the smoke turned like an old mellow apple, wrinkled, dry, soft, somewhat more oily vinegar hath them sweet, yellow within. The cause is, for that such congregated, but more jejune, and in a smaller a degree of heat, which doth neither melt nor
quantity, the greatest and finest spirit and part heing exhaled : for we see vinegar is made by set
scorch, (for
we
see that in a greater heat, a roast

;
ting the vessel of wine against the hot sun ; and therefore vinegar will not burn; for that much of
the finer parts is exhaled. 314. The refreshing and quickening of drink palled or dead, is by enforcing the motion of the spirit : so we see that open weather relaxeth the
Hpirit,
apple softeneth and melteth and pigs feet, made of quarters of wardens, scorch and have a skin of the smoko cole,) doth mellow, and not adure:
and maketh
it
more
lively in motion.
We
maketh the apple, as it were, sprinkled with which helpeth to mature. We see that in drying of pears and prunes in the oven, and re moving of them often as they begin to sweat, there but that is with a far more in is a like operation
also
soot,
;
see also bottling of beer or ale, while it is new und full of spirit, so that it spirteth when the stop
ple is taken forth,
and windy.
likewise good, and maketh the drink work again. New drink put to drink that is dead provoketh it to work again : nay, which is more, as some
pflirm, a
maketh the drink more quick pan of coals in the cellar doth lowness and sweetness. that degree of heat which
tense degree of heat. 320. The apples covered in the lime and ashes were well matured, as appeared both in their yel
The cause
is in
is, for
that
lime and ashes, be
brewing of new beer
set
by
old beer
ing a smothering heat, is of all the rest most pro nor arefy, and that per, for it doth neither liquefy is true maturation. Note, that the taste of those
CENT. IV.
NATURAL HISTORY.
II
she would perform her own work; and that, if apples was good, .UK! therefore it is the experi the crudities, impurities, and leprosities of metals ment littest lor use. l-l. The apples covered with crabs and onions were cured, they would become and that a gold were likewise well matured. Tim c;mse is, not little quantity of the medicine, in the work of
.
".nyheat;
hut for that the crabs and the onions

the spirits of
tin-
pp
jeetion, will turn a sea of the baser metal into
spread them equally throughout the body, which taketh So \ve sco one apple ripeneth hardness. away
dr.uv forth
apple, and
gold by multiplying: all these are but dream>; and so are many other grounds of alchymy. And to help the matter, the alchymists call in lik:\vi.Mj
And therefore in making of ci aîinst another. So der they turn the apples tirst upon heap. one cluster of grapes that toticheth another whilst
-,i
many vanities out of astrology, natural magic, superstitious interpretations of Scriptures, auri cular traditions, feigned testimonies of ancient
authors, and the like.
side, they
It is true, on the other have brought to light not a few profit 32-2. The apples in hay and the straw ripened able experiments, and thereby made the world But we, when we shall come to apparently, though not so much as the other; but some amends. the apple in the straw more. The cause is, for that handle the version and transmutation of bodies, the hay and straw have a very low degree of heat, and the experiments concerning metals and but yet close and smothering, and which driethnot. minerals, will lay open the true ways and pas 3-23. The apple in the close box was ripened sages of nature, which may lead to this great also the cause is, for that all air kept close hath effect. And we commend the wit of the Chinese,
it
groweth,ripeneth faster;
niatiiroscit."
"botrus
contra botrum
citius
as we see in wool, fur, Note, thatall of thesewere compared with another apple of the same kind that lay of itself; and in comparison of that were more sweet and more yellow, and so appeared to be more ripe.
a degree of warmth
plush, &c.
the
despair of making of gold, but are mad upon making of silver: for certain it is, that it is more difficult to make gold, which is the most
who
ponderous and materiate amongst metals, of other metals less ponderous and less materiate, than
"via versa,"
324.
Take an apple
upon
and
roll it
or pear, or other like fruit, a table hard : we see in common
to
make
silver of lead or quicksilver,
both which are more ponderous than silver: so

that they need rather a further degree of fixation than any condensation. In the mean time, by
ration,
experience, that the rolling doth soften and sweeten the fruit presently; which is nothing but the
smooth distribution of the

for the
:
spirits into the
parts;
unequal distribution of the spirits maketh but this hard rolling is between the harshness concoction and a simple maturation ; therefore, if you should roll them but gently, perhaps twice a day, and continue it some seven days, it is like they would mature more finely, and like unto the
natural maturation.
occasion of handling the axioms touching matu we will direct a trial touching the maturing
of metals, and thereby turning some of them into gold: for we conceive indeed, that a perfect good
concoction, or digestion, or maturation of some And hereby, we call metals, will produce gold.
to
mind, that we knew a Dutchman, that had wrought himself into the belief of a great person, 325. Take an apple, and cut out a piece of the by undertaking that he could make gold whose top, and cover it, to see whether that solution of discourse was, that gold might be made but that we see the alchymists over-fired the work for, he said, continuity will not hasten a maturation that where a wasp, or a fly, or a worm hath bitten, the making of gold did require a very temperate in a grape, or any fruit, it will sweeten hastily. heat, as being in nature a subterrany work, where 326. Take an apple, &c., and prick it with a little heat cometh but yet more to the making of pin full of holes, not deep, and smear it a little gold than of any other metal and therefore that with sack, or cinnamon water, or spirit of wine, he would do it with a great lamp that should carry every day for ten days, to see if the virtual heat a temperate and equal heat and that it was the of the wine or strong waters will not mature it. work of many months. The device of the lamp In these trials also, as was used in the first, set was folly; but the over-firing now used, and the another of the same fruits by to compare them, eqval heat to be required, and the making it a and try them by their yellowness and by their work of some good time, are no ill discourses. sweetness. We resort therefore to our axioms of maturation,
:
in effect touched before.
The
first is,
that there be
Experiment r-olitary touching the making of gold. used a temperate heat; for they are ever temperate The world hath been much abused by the heats that digest and mature wherein we mean
:
opinion of
temperate according to the nature of the subject; hitherto for that may be temperate to fruits and liquors, judge to be possible; but the propounded to effect it are, in the practice, full of which will not work at all upon metals. The error and imposture, and in the theory, full of second is, that the spirits of the metal he quick unsound Imaginations. For to say, that nature ened, and the tangible parts opened for without hath an intention to make all metals gold ; and those two operations, the spirit of the metal
making of gold
the
work means
itself I
she were delivered from impediments, that, VOL. II. 7

if
wrought upon
will not be able to digest the part?.
NATURAL HISTORY.
The
third
is,
CENT. IV.
even, and
move not
that the spirits do spread themselves subsultorily, for that will make
of the spirits of bodies, which ever are unquiet to get forth and congregate with the air, and to enjoy
the sunbeams.
the parts close and pliant.
And
fall,
this requireth a
The
getting forth, or spreading of
heat that doth not rise and
but continue as
equal as may be. The fourth is, that no part of the spirit be omitted but detained : for if there be
the spirits, which is a degree of getting forth, hath If the spirits be de five differing operations. tained within the body, and move more violently, there followeth colliquation, as in metals, &c. If more mildly, there followeth digestion or maturaIf the spirits be not tion, as in drinks and fruits. merely detained, but protrude a little, and that motion be confused and inordinate, there followeth
emission of spirit, the body of the metal will be hard and churlish. And this will be performed, partly by the temper of the fire, and partly by the closeness of the vessel. The fifth is, that there be choice made of the likeliest and best prepared metal for the version, for that will facilitate the
work.
is, that you give time enough not to prolong hopes, as the alchy; mists do, but indeed to give nature a convenient
The
sixth
putrefaction ; which ever dissolveth the consist ence of the body into much inequality, as in flesh,
rotten fruits, shining wood, &c., and also in the But if that motion be in a certain rust of metals.
order, there followeth vivification and figuration; as both in living creatures bred of putrefaction, and in living creatures perfect. But if the spirits
for the
work
space to work
certain and true
in.
;
These
will
we
now
principles are most derive a direction
of
trial
out of them,
which may, perhaps, by
further meditation, be improved. 327. Let there bs a small furnace

let the
made
of a
to induce and accelerate putre by adding some crude or watery moisture; as in wetting of any flesh, fruit, wood, nature symbolizeth most with gold put in also with water, &c., for contrariwise unctuous and with the silver, a tenth part of quicksilver, and a oily substances preserve. twelfth part of nitre, by weight; both these to 330. The second is by invitation or excitation quicken and open the body of the metal ; and so as when a rotten apple lieth close to another apple let the work be continued by the space of six that is sound ; or when dung, which is a substance months at the least. I wish also, that there be already putrefied, is added to other bodies. And at some times an injection of some oiled substance, this is also notably seen in churchyards, where such as they use in the recovering of gold, which they bury much, where the earth will consume by vexing with separations hath been made churl the corpse in far shorter time than other earth will. ish ; and this is to lay the parts more close and 331. The third is by closeness and stopping, smooth, which is the main work. For gold, as which detaineth the spirits in prison more than we see, is the closest, and therefore the heaviest they would ; and thereby irritateth them to seek of metals; and is likewise the most flexible and issue ; as in corn and clothes, which wax musty tensiblo. Note, that to think to make gold of and therefore open air, which they call "aer perquicksilver, because it is the heaviest, is a thing flabilis," doth preserve: and this doth appear more not to be hoped ; for quicksilver will not endure evidently in agues, which come, most of them, the manage of the fire. Next to silver, I think of obstructions, and penning the humours which copper were fittest to be the material. thereupon putrefy.
temperate heat; may keep the metal perpetually molten, and no more; for that above all importeth to the work. For the material, take silver, which is the metal that in
;
heat be such as
issue out of the body, there followeth desiccation, induration, consumption, &c., as in brick, evapo ration of bodies liquid, &c.
329.
The means
faction, are, first,
Experiment solitary touching the nature of gold. 328. Gold hath these natures; greatness of
weight, closeness of parts, fixation, pliantness or softness, immunity from rust, colour or tincture
of yellow. Therefore the sure way, though most about, to make gold, is to know the causes of the several natures before rehearsed, and the axioms
The fourth is by solution of continuity ; see an apple will rot sooner if it be cut or And so the flesh pierced ; and so will wood, &c.
332.
as
we
of creatures alive, where they have received any
wound.
333.
The
fifth is
either
by the exhaling
or
by
the driving back of the principal spirits which preserve the consistence of the body; so that
concerning the same. For if a man can make a metal that hath all these properties, let men dis pute whether it be gold or no.
when
their
government
is
dissolved, every part
returneth to his nature or
homogeny.
And
cool,
this
appeareth in urine
thereby break
:
and blood when they
and
the
inducing and
accelerating of putrefaction.
is
accelerating of putrefaction a subject of very universal inquiry for corrup tion is a reciprocal to generation and they two are as nature s two terms or boundaries; and the ynidea to life and death. Putrefaction is the work
: :
The inducing and
appeareth also in the gangrene, or mortification of flesh, either by opiates or by I conceive also the same effect is intense colds. in pestilences: for that the malignity of the in
it
fecting vapour danceth the principal spirits, and maketh them fly and leave their regiment; and
then the humours, flesh, and secondary spirits, do dissolve and break, as in an anarchy.
CKNT. IV.
:i::i.
N \T11JAL HI.sTOUY.
sixth
is,
\\-l\>n
N
men and
The
ami more ragei than

t
tin-
a foreign spirit, stronger spirit of tlio body, enter-
body, as in the stinging of serpents. Ami this is the cause generally, that upon all poisons followeth swelling: and we see swelling followeth also when the spirits of the body it-M-lt
th
the,
living creatures, as in agues, worms, consumptions of the lungs, imposthumes, and ulcers both inwards and out
factions of the bodies of
wards, they are a great part of physic and surgery ; and therefore we will reserve the inquiry of tin m to tin; proper place, where we shall liiiiidle medi
cinal experiments of all sorts. will now enter into an inquiry:
congregate too much, as upon blows and bruises ; ur when they are pent in too much, as in swelling
see also, that the spirits upon coming of putrefaction of humours in agues, &c., which may be counted as foreign spirits, though
cold.
Of
the
r<
*{
ue
wherein much
And we
light may said of the
be taken from that which hath been
means
to
induce or accelerate putre
faction
for that
which caused putrefaction doth
they be bred within the body, do extinguish and

suffocate the natural spirits and heat.
335. The seventh is by such a weak degree of heat as setteth the spirits in a little motion, but is not able either to digest the parts, or to issue the spirits ; as is seen in flesh kept in a room
that is not cool
;
prevent and avoid putrefaction. 341. The first means of prohibiting or checking for so we see that meat and putrefaction is cold
:
drink will last longer unputrefied, or unsoured, in and we see that flowers winter than in summer
:
and
fruits,
whereas
in a cool
and wet larder

vivification,
fresh.
spirits,
And
put in conservatories of snow, keep this worketh by the detention of the
it will keep longer. And we see that whereof putrefaction is the bastard
brother,
is
342.
and constipation of the tangible parts. The second is astriction: for astriction
affected
by such
soft
heats
as the hatching of
eggs, the heat of the 336. The eighth

spirits,
womb, &c.
is by the releasing of the which before were close kept by the solid- astringency, some small quantity of
:
prohibiteth dissolution ; as we see generally in medicines, whereof such as are astringents do and by the same reason of inhibit putrefaction
oil
of vitriol
ness of their coverture, and thereby their appetite of issuing checked; as in the artificial rusts
will keep fresh water long from putrefying. And this astriction is in a substance that hath a virtual
induced by strong waters in iron, lead, &c., and therefore wetting hasteneth rust or putrefaction of any thing, because it softeneth the crust for
the spirits to come forth. 337. The ninth is by the interchange of heat and cold, or wet and dry ; as we see in the mould
cold
and
it
worketh partly by the same means

third is the
that cold doth.
343.
The
excluding of the air; and
again, the exposing to the air : for these contraries, as it cometh often to pass, work the same effect,
ing of earth in frosts and sun; and in the more haty rotting of wood that is sometimes wet,
according to the nature of the subject matter. So we see, that beer or wine, in bottles close stopped, last long that the garners under ground
:
sometimes dry.
by time, and the work and procedure of the spirits themselves, which cannot keep their station; especially if they be left to themselves, and there be no agitation or local motion. As we see in corn not stirred, and men s bodies not exercised.
338.
tenth
is
The
keep corn longer than those above ground ; and wax keepeth fresh ; and like wise bodies put in honey and flour keep more fresh and liquors, drinks, and juices, with a
that fruit closed in
:
cast on the top, keep fresh. Contrariwise, see that cloth and apparel not aired do breed moths and mould; and the diversity is, that in
little oil
we
339. All moulds are inceptions of putrefaction ; as the moulds of pies and flesh; the moulds of oranges and lemons, which moulds afterwards
bodies that need detention of spirits, the exclusion of the air doth good ; as in drinks and corn but
:
in bodies that need emission of spirits to discharge
worms, or more odious putrefactions; and therefore commonly prove to be of ill odour. And if the body be liquid, and not apt to putrefy totally, it will cast up a mother in the top, as the mothers of distilled waters. 340. Moss is a kind of mould of the earth and But it may be better sorted as a rudiment trees. of germination, to which we refer it.
turn into
some of
for
the superfluous moisture,
it
doth hurt,
they require airing. 344. The fourth is motion and stirring; for putrefaction asketh rest: for the subtile motion
which putrefaction requireth, is disturbed by any and all local motion keepeth bodies we see that integral, and their parts together ; as
agitation
:
turning over of corn in a garner, or letting

like
:
it
run
Experiments in consort touching prohibiting and

preventing putrefaction, It is an inquiry of excellent use to inquire of the means of preventing or staying putrefaction; for therein consisteth the means of conservation
of bodies: for bodies have two kinds of dissolu
tions; the one
the.
an hour-glass, from an upper-room into a lower, doth keep it sweet and running waters pu hindorelh trefy not; and in men s bodies, exercise and want of putrefaction; and contrariwise, rest motion, or stoppings, whereby the run of humours, or the motion of perspiration, is stayed furthei
putrefaction; as
:i
we
partly touched a
lor
little befoifc.
IV The fifth is the breathing by consumption and desiccation, Aher by putrefaction. But as for the putre ventitious moisture in bodies
;
forth of the ad
as
\\
>
iting
5-2
NATURAL HISTORY.
hasten putrefaction, so convenient drying, and radical moisture is only kept and
it
CENT IV
:
dth
in,
sorted not
whereby the more

piitteth
new
for dry bladders will not blow : bladders rather further putrefaction : the
back putrefaction; so
we
see that
herbs and flowers, if they be dried in the shade, or dried in the hot sun for a small time, keep best.
way were therefore to blow strongly with a pair of bellows into a hogshead, putting into the
hogshead, before, that which you would have For the emission of the loose and adventitious preserved; and in the instant that you withdraw moisture doth betray the radical moisture, and the bellows, stop the hole close.
carrieth
it
346.
spirits
The
out for company. sixth is the strengthening of the
Experiment
352.
solitary touching
wood shining in
the
of bodies: for as a great heat keepeth bodies from putrefaction, but a tepid heat inclineth
dark.
The experiment
of
wood
that shineth in
them
to putrefaction
so a strong spirit likewise
preserveth, and a weak or
and salting of oysters, and powdering of meat, keepeth them from putrefac tion. It would be tried also whether chalk put into water, or drink, doth not preserve it from
:
So we corruption. not so soon as fresh
faint spirit disposeth to find that salt water corrupteth
the dark, we have diligently driven and pursued : the rather, for that of all things that give light
here below, it is the most durable, and hath least Fire and flame are in continual apparent motion. expense ; sugar shineth only while it is in scrap
ing; and saltwater while
it is
in
dashing; glow
worms have
putrefying or speedy souring. So we see that strong beer will last longer than small ; and all be of the same nature with shining wood and it things that are hot and aromatical do help to is true, that all putrefaction hath with it an inward preserve liquors, or powders, &c., which they do motion, as well as fire or light. The trial sorted as well by strengthening the spirits as by soak thus: 1. The shining is in some pieces more
:
their shining while they live, or a little after; only scales of fishes putrefied seem to
ing out the loose moisture. 347. The seventh is separation of the cruder
parts, and thereby making the body more equal ; for all imperfect mixture is apt to putrefy ; and
some more dim ; but the most bright doth not attain to the light of a glow-worm. 2. The woods that have been tried to shine, are
bright, in
all
of
chiefly sallow and
willow ; also the ash and hazle
3. Both root and it may be it holdeth in others. So we see distilled waters will last longer bodies do shine, but the roots better. 4. The oily. than raw waters; and things that have passed colour of the shining part, by day-light, is in some the fire do last longer than those that have not pieces white, in some pieces inclining to red ;
watery substances are more apt to putrefy than
passed the fire, as dried pears, &c. 348. The eighth is the drawing forth continually of that part where the putrefaction beginneth ; which is, commonly, the loose and watery moist
ure
garret.
part,
hich in the country they call the white and red 5. The part that shineth is, for the most
to,
it
somewhat soft, and moist to feel was found to be firm and hard, so as
but
some
might be
not only for the reason before given, that it ; provoketh the radical moisture to come forth with
it;
But you figured into a cross, or into beads, &c. must not look to have an image, or the like, in
any thing that
is
but because being detained in the body, the

:
lightsome
for
even a face in
putrefaction taking hold of it, infecteth the rest as we see in the embalming of dead bodies ; and
iron red-hot will not be seen, the light confound ing the small differences of lightsome and dark
same reason is of preserving herbs, or fruits, or flowers, in bran or meal. 349. The ninth is the commixture of any thing
the
that is
some, which show the
figure.
6.
There was the
the dew so as it seemeth the putrefaction spreadthem, and they not putrefying, preserve the rest. eth. 7. There was other dead wood of like kind And therefore we see syrups and ointments will that was laid abroad, which shined not at the first ; last longer than juices. but after a night s lying abroad began to shine.
:
more oily or sweet: for such bodies are least apt to putrefy, the air worketh little upon
shining part pared off, till you came to that that did not shine ; but within two days the part con tiguous began also to shine, being laid abroad in
350.
The
tenth
is
the
commixture of somewhat
that is dry; for putrefaction beginneth first from the spirits and then from the moisture ; and that
that is dry
is
unapt to putrefy
flesh
;
and therefore
smoke preserveth
as
we
see in bacon and
neats tongues, and Martlemas beef, &c. 351. The opinion of some of the ancients, that
blown
nirs,
airs,
l
airs do preserve bodies longer than other seemeth to me probable ; for that the blown being overcharged and compressed, will
tliin<_ -
There was other wood that did first shine; and being laid dry in the house, within five or six days lost the shining; and laid abroad again, recovered the shining. 9. Shining woods being tin ir laid in a dry room, within a seven-ni<rht shining ; but being laid in a cellar, or dark room, 10. The boring of holes in keeps the shining. that kind of wood, and then laying it abroad, seemeth to conduce to make it shine the cause is, for that all solution of continuity doth help on
8.
lus"
:
r hut. ardly receive the exhaling of any rather repulse it. It was tried in a blown hla-lder,
wtereintc f.esh
was
put,
and likewise a flower,
11. No putrefaction, as was touched before wood hath been yet tried to shine, that was rut down alive, but such as was rotted both in stock
CKNT. IV.
and
tliat
r<>ot
\ ATI HA
it
I.
HISTORY.
active habit.
1
while
\v;is
gr.
\\
10.
art
of
tin-
wood of a more
Canlamon
is
in
;
Latin
and ivtaim d the l. i. Tin- like succeeded in fortnight, 8>hining some M.-ejied in \\ater, and Hindi lull. r. II.
sinned
;i
.steeped
in nil,
ll"\v
be
laid
long the shining will continue, if the wood alimad every night, and taken in and
and with us w ater-eresses which, it is certain, is an her!) that, whilst it is young, is friendly to life. As for the quickening of natural heat, it must be done chiefly with exercise ; and therefore no doubt much going to school,
nasturtium,"
sprinkled with water in the day, is m-t yet tried. 15. Trial was made of laying it abroad in frosty
it l(i. There was a which did shine, and the again men must beware how they give children shiniruj part was cut off till no more shined; yet any thing that is cold in operation, for even long after two nights, though it were kept in a dry sucking doth hinder both wit and stature. This
weather, which hurt
ii"t.
where they sit so much, hindcreth the growth of children; whereas country people that go not to school are commonly of better stature. And
great piece of a root
room,
it
got a shining.
solitary touching the acceleration of
birth.
Experiment
353.
hath been tried, that a whelp that hath been fed with nitre in milk hath become very little, but extreme lively: for the spirit of nitre is cold. And though it be an excellent medicine in strength
of years for prolongation of life; yet it is in child ren and young creatures an enemy to growth
:
The bringing
forth of living creatures

:
may
to growth whereof the former age, heat consumeth the spirits, which thecoldness is good, and argueth strength the latter is ill, of the spirit of nitre doth help to condense and and cometh by accident or disease. And therefore correct.
;
the one, if the em bryo ripenethand perfecteth sooner: the other, if there he some cause from the mother s body, of
he accelerated in
two respects
and
all for
the
reason, for heat is requisite but after a man is come to his middle
same
expulsion or putting
it
down
the ancient observation
is true,
that the child born

1
in the seventh month doth commonly well ; but Experiments in consort touching sulphur and mer boin in the eighth month, doth for the most part cury two of Parace Inns s principles. die. But the cause assigned is fabulous; which There be two great families of things, you may is that in the eighth month should be the return term them by several names ; sulphurous and mer
,
ot the reign of the planet Saturn, which as they say, is a planet malign; whereas in the seventh is the reign of the moon, which is a planet propi tious. But the true cause is, for that where there
is is
curial,
which
sal,"
their
"
which
are the chymists words, for as for is their third principle, it is a
compound of the other two; inflammable and

flamable
;
not in-
mature and crude, oily and watery.
For
so great a prevention of the ordinary time, it the lustiness of the child ; but when it is less,
we
see that in subterranies there are, as the fathers
it is
some
indisposition of the mother.

solitary touching the acceleration of growth and stature.
of their tribes, brimstone and mercury ; in vegeta bles and living creatures there is water and oil:
in the inferior order of pneumaticals there is air and flame, and in the superior there is the body
Experiment
354.
accelerate growth or stature, it must proceed either from the plenty of the nourishment, or from the nature of the nourishment, or from the
To
And these pairs, of the star and the pure sky. though they be unlike in the primitive differences
:
of matter, yet they seem to have many consents for mercury and sulphur are principal materials and exciting of the natural heat. For of metals; water and oil are principal materials quickening the first excess of nourishment is hurtful; for it of vegetables and animals, and seem to differ but maketli the child corpulent; and growing in in maturation or concoction flame, in vulgar breadth rather than in height. And you may take opinion, is but air incensed ; and they both have an experiment from plants, which if they spread quickness of motion, and facility of cession, much much are seldom tall. As for the nature of the alike and the interstellar sky, though the opinion nourishment; first, it may not be too dry, and be vain, that the star is the denser part of his orb, therefore children in dairy countries do wax more hath notwithstanding so much affinity with the tall, than whore they feed more upon bread and star, that there is a rotation of that, as well as of llesh. There is also a received tale, that boiling the star. Therefore it is one of the greatest of daisy roots in milk, which it is certain are crreat magnalia naturae," to turn water or watery
: :
"
driers, will
true, that
juice into oil or oily juice: greater in nature than an over-dry nourishment in childhood to turn silver or quicksilver into gold. 355. The instances wo have wherein crude and putteth back stature. Secondly, the nourishment :mist he of an opening nature, for that attenuateth watery substance turneth into fat and oily, are Ot the juice, and fnrthereth the motion of the First in the mixture of earth an.. spirits four kinds. upwards. Neither is it without cause, that Xono- water; which mingled by the help of the sup
little.
make dogs
But so much
is
phon,
in
the nurture of tho Persian children, doth so

their
much commend
which, he saith, made
feeding upon cardamon, them grow better, and be
gather a nitrons fatness, more than either of them have -. verally ; as wo see in that they put fonh both joices. plants, which need
NATURAL HISTORY.
356.
CENT. IV
that
The second
made, in
is in
the assimilation of nou-
said, yet some
have kept chameleons a wholo
tlit; bodies of plants and living year together could never perceive that ever they whereof plants turn the juice of mere fed upon any tiling rise but air, and might observe water and earth into a great deal of oily matter: their bellies to swell after they had exhausted the living creatures, though much of their fat and air, and closed their jaws; which they open com flesh are out of oily aliments, as meat and bread, monly against the rays of the sun. They have a yet they assimilate also in a measure their drink foolish tradition in magic, that if a chameleon be of water, &c. But these two ways of version of burnt upon the top of a house, it will raise a water into oil, namely, by mixture and by assimi tempest ; supposing, according to their vain dreams lation, are by many passages and percolations, of sympathies, because he nourisheth with air, his and by long continuance of soft heats, and by cir body should have great virtue to make impression
rislinient.
creatures,
cuits of time.
upon the
third
is
:
air.
357.
tion
;
the inception of putrefac as in water corrupted and the mothers of

;
The
Experiment
3G1.
It is
solitary touching subterrany fires.
waters distilled
or
oil.
both which have a kind of fatness

dulcoration of
in part of
Media
reported by one of the ancients, that there are eruptions of flames out
358.
The
fourth is in the
some of
metals, as "saccharum Saturni, &c." 359. The intention of version of water into a
plains ; and that those flames are clear, and cast not forth such smoke, and ashes, and pumice, as
more oily substance is by digestion for oil is al most nothing else but water digested, and this di gestion is principally by heat, which heat must be either outward or inward again, it may be by provocation or excitation, which is caused by the
;
: :
mountain flames do. The reason, no doubt, is, because the flame is not pent, as it is in moun tains and earthquakes which cast flame. There be also some blind fires under stone, which flame
not out, but oil being poured upon them they flame out. The cause whereof is, for that it seem-
mingling of bodies already oily or digested for eth the fire is so choked as not able to remove they will somewhat communicate their nature the stone, it is heat rather than flame, which never with the rest. Digestion also is strongly effected theless is sufficient to inflame the oil.
by
direct assimilation of bodies crude into bodies
digested, as in plants and living creatures, whose nourishment is far more crude than their bodies
:
Experiment
362. It
is
solitary touching nitre.
but this digestion
by a great compass, as hath is more full handling of these scoureth them of itself; and if they stay any whit two principles, whereof this is but a taste, the long, they moulder away. And the scouring vir tue of nitre is the more to be noted, because it is inquiry of which is one of the profoundest inqui and we see warm water scoureth ries of nature, we leave it to the title of version a body cold
is
reported that in some lakes the water so nitrous, as if foul clothes be put into it, it
been
said.
As
for the
of bodies, and likewise to the title of the first congregations of matter; which, like a general assembly of estate, doth give law to all bodies.
better than cold.
hath a subtle
spirit,
But the cause is, for that it which severeth and divideth
any upon a body.

Experiment
363.
fill it
thing that is foul and viscous, and sticketh
Experiment solitary touching chameleons. 360. A chameleon is a creature about the big ness of an ordinary lizard his head unproportionably big: his eyes great: he moveth his head without the writhing of his neck, which is in his back crooked ; his flexible, as a hog doth skin spotted with little tumours, less eminent nearer the belly; his tail slender and long: on each foot he hath five fingers, three on the outside, and two on the inside; his tongue of a marvel lous length in respect of his body, and hollow at the end ; which he will launch out to prey upon Of colour green, and of a dusky yellow, flies. brighter and whiter towards the belly ; yet spot If he belaid upon ted with blue, white, and red.
:
solitary touching congealing of air.
bladder, the greatest you can get, of wind, and tie it about the neck with a silk thread waxed, and upon that put likewise
full
Take a
very close; so that when the neck of the bladder drieth, no air may possibly get in nor out.
wax
Then bury
it
three or four foot under the earth in
a vault, or in a conservatory of snow, the snow being made hollow about the bladder, and after
some
fortnight s distance, see whether the bladder be shrunk ; for if it be, then it is plain that the coldness of the earth or snow hath condensed the which air, and brought it a degree nearer to water is an experiment of great consequence.
:
preen, tne green predominateth the yellow ; not so if he be laid
if upon yellow, water upon blue, or red, Experiment solitary touching congealing of into crystal. or white; only the green spots receive a more orient lustre, laid upon black he looketh all black, 364. It is a report of some good credit, that in though not without a mixture of green. He feed- deep caves there are pensile crystals, and degrees tab not only upon air, though that be his principal of crystal that drop from above, and in some other, which sustenance, for sometimes he taketh flies, as was though more rarely, that rise from below
; :
CCTT, iv.
though
I
NA iniAl, HISTOIIY.
tlic \v
>rk
be ehielly
of cold, yet
tinliti<
it
may
in
the midst, and
it
water
<r,ii!|iTrtli
through nature more claiiiiuy, ami

tli.il
ptMi
t!i
earth,
burnt only to me space of Mivd with the sixth part

it
of a spoonful of milk,
burnt to the
>|/.:<-<-
<,i
hundred pulses; and the milk was curdled. Mixed with the sixth part of a spoonful of water, fore trial would In- made, to lay a heap of earth, in irreat frosts, upon a hollow vessel, putting a it burnt to the space of eighty-six pulses, with an canvass hetweeii, that it falleth not in: and pour equal quantity of water, only to the space of four water upon it, in such quantity as will be sure to pulses. A small pebble was laid in the midst, soak through, and see whether it will not make and the spirit of wine burnt to the space of ninetya harder ice in the bottom of the vessel, and less four pulses. A piece of wood of the bigness of an
:
l>i
r<iin>-
solid than A atcr of itself.
There
OIH-
I suppose also apt to dissolve than ordinarily. that if you make the earth narrower at the bottom
than at the top, in fashion of a sugar-loaf reversed,

it
nrrow, and about a finger s length, was set up in the midst, and the spirit of wine burnt to the space So that the spirit of wine of ninety-four pulses.
ice,
will help the experiment. For it will where it issueth, less in bulk, and
is
make
the
evermore
simple endured the longest ; and the spirit of wine with the bay-salt, and the equal quantity of water,
smallness of quantity
a help to version.
rose-
were the
shortest.
Experiments solitary touching preserving of

leaves both in colour
and
smell.
367. Consider well, whether the more speedy going forth of the flame be caused by the greater vigour of the flame in burning, or by the resistance of the body mixed, and the aversion thereof to take flame; which will appear by the quantity of the spirit of wine that remaineth after the going
365. Take damask roses, and pull them, then dry them upon the top of a house, upon a lead or terras, in the hot sun, in a clear day, between the
hours only of twelve and two, or thereabouts. out of the flame. And it seemeth clearly to be into a sweet dry earthen bottle, or the latter; for that the mixture of things least a glass, with narrow mouths, stuffing them close apt to burn is the speediest in going out. And together, but without bniising stop the bottle or note, by the way, that spirit of wine burned till and tasteth glass close, and these roses will retain not only it go out of itself will burn no more
Then put them
their smell perfect, but their colour fresh, for a year at least. Note, that nothing doth so much
destroy any by putre faction or arefaction, as the adventitious moisture which hangeth loose in the body, if it be not drawn
betrayeth and tolleth forth the innate and radical moisture along with it when itself
out.
plant, or other body, either
nothing so hot in the mouth as it did no, nor yet sour, as if it were a degree towards vinegar, which burnt wine doth ; but flat and dead. 368. Note, that in the experiment of wax afore
:
For
it
said, the wax dissolved in the burning, and yet did not incorporate itself with spirit of wine to produce one flame ; but wheresoever the wax float
goeth forth.
And
therefore in living creatures,
ed, the flame forsook
it, till
at last
it
spread
all
moderate sweat doth preserve the juice of the body. over, and put the flame quite out. 369. The experiments of the mixtures of the Note, that these roses, when you take them from the drying, have little or no smell; so that the spirit of wine inflamed are things of discovery, smell is a second smell, that issueth out of the and not of use : but now we will speak of the flower afterwards. continuance of flames, such are used for candles,
Experiments in consort touching the continuance of fiame. 3RG. The continuance of flame, according unto the diversity of the body inflamed, and other cir lamps, or tapers; consisting of inflammable mat ters, and of a wick that provoketh inflammation. And this importeth not only discovery, but also use and profit; for it is a great saving in all such
lights, if they
can be made as
fai~
and bright as
cumstances,
is
worthy the inquiry
chiefly, for
that though flame be almost of a momentary last ing, yet it reeeiveth the m<5re, and the less: we
and yet last longer. \\ax pure made a candle, and wax mixed severally into with the particulars that follow, viz. candle-stuff,
others,
into
will first therefore speak at large of bodies inflamed water, aqua vitse, milk, bay-salt, oil, butter, nitre, wholly and immediately, without any wick to brimstone, saw-dust, every of these bearing a help the inflammation. A spoonful of spirit of sixth part to the wax ; and every of these can wine, a little heated, was taken, and it burnt as dles mixed, being of the same weight and wick long as came to a hundred and sixteen pulses. with the wax pure, proved thus in the burning and The same quantity of spirit of wine mixed with lasting. The swiftest in consuming was that the sixth part ofc a spoonful of nitre, burnt but to with saw-dust which first burned fair till some ;
tli
-
sj>aee
of ninety-four pulses.
.f
Mixed with
the
like quantity
Mixed
bay-salt, eighty-three pulses. with the like quantity of gunpowder, which
part of the candle was consumed, and the dust gathered about the snaste; but then it made the snaste big and long, and to burn duskishly, and
the candle wasted
pure.
butter,
in
dissolved into a black water, one hundred and ten A cube or pallet of yellow wax was piiU"-;.
taken, as
half the time of the

oil
wax
and
The next
in
swiftness were the

fifth
much
as half the spirit of wine, and set
which consumed by a
part switte/
5G
than the pure wax.
the clear
NATURAL HISTORY.
wax
itself.
CENT. IV
Then followed in swiftness Then the bay-salt, which
that
lasted ahout an eighth part longer than the clear wax. Then followed the aqua vitae, which lasted
hole; and then set it upright again; ami put a wick in at the hole, and lighten it; you shall find that it will burn slow, and a long time: which is caused, as was said last before, for
Then
difference
about a fifth part longer than the clear wax. that the flame fetcheth the nourishment afar off. followed the milk and water with little You shall find also, that as the oil wasteth and from the aqua vitae, but the water descendeth, so the top of the turret by little and And in these four last, the wick would little iilloth with air; which is caused by the ra slowest.
spit forth little sparks.
For the
nitre,
it
would refaction of the
oil
by the heat.
It
were worthy
not hold lighted above some twelve pulses, but all the while it would spit out portions of flame,
make a hole in the top of the turret, and to try when the oil is almost consumed, which afterwards would go out into a vapour. whether the air made of the oil, if you put to it a For the brimstone, it would hold lighted much flame of a candle, in the letting of it forth, will
the observation to
about the same time with the nitre ; but then after a little while it would harden and cake about the snaste ; so that the mixture of bay-salt with wax will win an eighth part of the time of lasting, and the water a fifth.
trial
It were good also to have the lamp made, not of tin, but glass, that you may see how
inflame.
the vapour or air gathcreth by degrees in the top. fourth point that importeth the lasting 374. of the flame, is the closeness of the air wherein
370. After the several materials were tried, was likewise made of several wicks ; as of
the flame burneth.
We
see that
if
wind bloweth
upon a candle
and wood.
ordinary cotton, sewing thread, rush, silk, straw, The silk, straw, and wood would flame a little, till they came to the wax, and then
wasteth apace. see also it lasteth longer in a lantern than at large. And there are traditions of lamps and candles, that
it
We
have burnt a very long time in caves and tombs.

375.
go out: of the other
three, the thread
consumed
;
A fifth
is
;
faster than the cotton,
by a
sixth part of time
the flame,
point that importeth the lasting of the nature of the air where the flame
the cotton next; then the rush consumed slower than the cotton, by at least a third part of time.
The
For the bigness of the flame, the cotton and much alike ; and the rush in frosty weather, and so furthereth the consump less and dimmer. Query, Whether wood tion. The air once heated, I conceive, maketh and wicks both, as in torches, consume faster the flame burn more mildly, and so helpeth the continuance. The air, if it be dry, is indifferent: than the wicks simple. have spoken of the several materials, the air, if it be moist, doth in a degree quench the 371. and the several wicks but to the lasting of the flame, as we see lights will go out in the damps flame it importeth also, not only what the mate of mines, and howsoever maketh it burn more rial is, but the same material whether it be hard, dully, and so helpeth the continuance.
thread cast a flame
it be cold or hot, moist or dry be very cold, irritateth the flame, and maketh it burn more fiercely, as fire scorcheth
burneth
whether
air,
if it
much
We
soft,
old,
new, &c.
their candles
Good housewives, to make burn longer, use to lay them one by Experiments in consort touching burials or infu
:
one in bran or flour, which make them harder, and so they consume the slower insomuch as
by
the
this
flour
if yon intend condensation or induration, you harden ; so that both age, may bury the bodies so as earth may touch them and lying in the bran, doth help to the lasting. as if you will make artificial porcelane, &c. And And we see that wax candles last longer than tal the like you may do for conservation, if the low candles, because wax is more firm and hard. bodies be hard and solid as clay, wood, &c. But 372. The lasting of flame also dependeth upon if you intend preservation of bodies more soft and the easy drawing of the nourishment; as we see in tender, then you must do one of these two: either the Court of England there is a service which you must put them in cases, whereby they may
means they will outlast other candles of same stuff almost half in half. For bran and And
have a virtue
to
sions of divers bodies in earth. 376. Burials in earth serve for preservation, and for condensation, and for induration of bodies.
they call All night; which is as it were a great not touch the earth, or else you must vault the cake of wax, with the wick in the midst ; where earth, whereby it may hang over them and not
by
it cometh to for if the earth touch them, it will pass, that the wick fetcheth the touch them nourishment farther off. see also that lamps do more hurt by the moisture, causing them to last longer, because the vessel is far broader than putrefy, than good by the virtual cold, to conserve the breadth of a taper or candle. them, except the earth he very dry and sandy. 373. Take a turreted lamp of tin, made in the 377. An orange, lemon, and apple, wrapt in a form of square; the height of the turret being linen cloth, being buriod for a fortnight s space thrice as much as the length of the lower part? four foot deep within the earth, though it were in
:
We
whereupon the lamp standeth

bole in
it,
make only one

farthest,
full
at the
e turret.
end of the return Reverse it, and fill it
of
oil
a moist place, and a rainy time, yet came forth from noways mouldy or rotten, but were Income a by little harder than they were ; otherwise fresh in
:
CUNT. IV.
tiieir col
>ur
N \TI
but
UAL HISTORY.
!
r.7
Hut
xv
their juice somewhat flatted. ; ih the burial of a fortnight more thej bebottle of beer, buried in like
ground that heat and moisture cause putrefaction. In Knuland it found not true; for many timea
i>
j.lltrelied.
\
there
have been
the cause
great
plagues in dry
\ears.
manner as
Whereof
may
before,
became more
it
clearer than
like
w.is.
And
lively, better tasted, and a bottle of wine
the bodies of islanders
be, for that drought, in habituate to m,,ist

aii>.
manner. A bottle of vinegar so buried came more lively and more odoriferous, smelling almost like a violet. And after the whole month s burial, all the three came forth as fresh and
forth
lively, if not better than before.
doth exasperate the humours, ami maketh them more apt to putrefy or inflame: besides, it tainteth
the
waters,
commonly, and maketh
tii
wholesome.
break up in the is hot and dry.
And again, in Barbary, summer months, hen

xx
the plagues
tin
weather
were a profitable experiment to preserve oranges, lemons, and pomegranates, till summer,
. ??!>.
It
Experiment
then their price will be mightily increased. This may be done, if you put them in a pot or ves sel well covered, that the moisture of the earth
for
solitary touching an error received about epidemical diseases.
come
will
not at
them
or el se
by putting them
in a
384. Many diseases, both epidemical and And the others, break forth at particular times. cause is falsely imputed to the constitution of the
air at that
generally, whosoever of cold, let him be provid ed of three things; a conservatory of snow; a good large vault, twenty foot at least under the ground ; and a deep well.
conservatory of snow.
And
time
when
they break forth or reign;

:
make experiments
330. There hath been a tradition, that pearl, and coral, and turquois-stone, that have lost their the year. colours, may be recovered by burying in the earth, which is a thing of great profit, if it would sort: Experiment solitary touching
proceedeth, indeed, from a precedent sequence and series of the seasons of the year and therefore Hippocrates in his prognostics doth make good observations of the diseases that ensue upon the nature of the precedent four seasons of
it
whereas
the
alteration
or
but upon
trial It
of six
weeks
burial, there followed

it in a deep well, or there the cold may
preservation of liquors in wells or deep vaults.
no
effect.
were good
of
to try
;
385. Trial hath been
made with
earthen bottles
in a conservatory
snow
be more constringent; and so make the body been more united, and thereby more resplendent.
well stopped, hanged in a well of twenty fathom deep at the least, and some of the bottles have
let down into the water, some others have hanged above, within about a fathom of the water; and the liquors so tried have been beer, not new, but ready for drinking, and wine, and
Experiment
381.
solitary touching bodies from several winds.
the effects in
men
Men
to motion,
northern.
s bodies are heavier, and less disposed milk. The proof hath been, that bjth the beer when southern winds blow than when and the wine, as well within the water as above, The cause is, for that when the southern hath not been or deaded at all but as
winds blow, the humours do in some degree melt good or somewhat better than bottles of the same and wax fluid, and so flow into the parts; as it is drinks and staleness kept in a cellar. But those seen in wood and other bodies, which, when the which did hang above water were apparently the southern winds blow, do swell. Besides, the jest; and that beer did flower a little; whereas motion and activity of the body consisteth chiefly that under water did not, though it were fresh. in the sinews, which, when the southern wind The milk soured and began to putrefy. Never bloweth are more relax. it is theless that there is a near Blois.
true,
palled
village
Experiment
deep caves they do thicken milk in such it becometh very pleasant: which was 382. It is commonly seen that more are sick some cause of this trial of hanging milk in the in the summer, and more die in the winter; except well: but our proof was naught; neither do I know whether that milk in those caves be first it be in pestilent diseases, which commonly reign in summer or autumn. The reason is, because lolled. It were good therefore to try it with milk are bred, indeed, chiefly by heat; but sodden, and with cream; for that milk of itself I s such a then they are cured most by sweat and purge; compound body, of cream, curds, and which in the summer cometh on or is provoked whey, as it is easily turned and dissolved. It were good also to try the beer when it is in wort, more easily. As for pestilent diseases, the reason in the why most die of them in summer is, because they hat it may be seen whether the hanging well xvill accelerate the ripening and clarifying are. bred most in the summer: for otherwise those
solitary touching winter sicknesses.
in
and summer where
sort that
that are touched are in
most danger in the winter.
of
it.
Experiment
.
solitary touching pestilential seasons.
Nli. The general opinion is, that years hot and moist are most pestilent; upon the superficial VOL. JI. 8
Experiment solitary touching slutting. 386. Divers, we see, do stut. The cause may in most the refrigeration of trie tongue; be,
NATURAL HISTORY.
whereby
CENT. IV.
the goodness
we
it is less And therefore npt to move. see that naturals do generally stut: and we

choice of va/cr.
and
see, that in those that stut, if they drink
wine
391. It
is
a thing of very good use to discover
moderately they stut less, because it heateth, and so we see that they that stut do stut more in the first offer to speak than in continuance ; because
the goodness of waters. The taste, to those that drink water only, doth somewhat: but other ex
by motion somewhat heated. In some also, it may be, though rarely, the dryness of the tongue, which likewise maketh it less apt to move as well as cold for it is an affect that cometh to some wise and great men; as it did unto Moses, who was "linguae prffipeditae;" and
the tongue
is
:
periments are more sure. First, try waters by weight, wherein you may find some difference, though not much; and the lighter you may ac
count the better.

392. Secondly try them
equal
fastest,
fire;
and
that
by boiling upon an which consumeth away

best.
in several
you -may accoiint the
many
stutters,
we
find, are
very choleric
men:
393. Thirdly, try them
bottles or
choler inducing a dryness in the tongue.
Experiments in consort touching smells. 387. Smells and other odours are sweeter in
the air at
open vessels, matches in every thing else, and see which of them last longest without stench or cor And that which holdeth unptitrefied ruption.
longest,
you may likewise account the
best.
some
:
distance, than near the nose
as
is
hath been partly touched heretofore. The cause double first, the finer mixture or incorporation
:
Fourthly, try them by making drinks stronger or smaller, with the same quantity of
394.
for we see that in sounds likewise, they are sweetest when we cannot hear every The other reason is, for that all part by itself.
of the smell
malt ; and you may conclude, that that water which maketh the stronger drink is the more concocted and nourishing; though perhaps it be not so good for medicinal use. And such water,
sweet smells have joined with them some earthly commonly, is the water of large and navigable or crude odours ; and at some distance the sweet, rivers ; and likewise in large and clean ponds of which is the more spiritual, is perceived, and the standing water; for upon both them the sun hath
earthy reaches not so far. 388. Sweet smells are most forcible in dry substances when they are broken ; and so like
more power than upon fountains
or small rivers.
is
:
And
conceive that chalk water
next them the
wise in oranges or lemons, the nipping of their rind giveth out their smell more and generally
:
best for going furthest in drink for that also helpeth concoction; so it be out of a deep well,
or stirred, though not broken, they smell more, as a sweet-bag waved. The cause is double : the one, for that there is a
when
bodies are
moved
then it cureth the rawness of the water; but chalky water, towards the top of the earth, is too fretting; as it appeareth in laundry of clothes, which wear out apace if you use such
for
and
greater emission of the spirit when way is made ; this holdeth in the breaking, nipping, or
it
waters.
holdeth also, in some degree, in the crushing; moving; but in this last there is a concurrence of the second cause, which is the impulsion of
the air that bringeth the scent faster upon us. 389. The daintiest smells of flowers are out
395. Fifthly, the housewives do find a differ ence in waters, for the bearing or not hearing of soap ; and it is likely that the more fat water will bear soap best; for the hungry water doth kill the unctuous nature of the soap. 396. Sixthly, you may make a judgment of waters according to the place whence they spring or come: the rain-water is, by the physicians, esteemed the finest and the best but ypt it is said
;
of those plants whose leaves smell not; as violets, roses, wallflowers, gillyflowers, pinks,
woodbines, vine-flowers, apple-blooms, limetreeblooms, bean-blooms, c. The cause is, for that to putrefy soonest, which is likely, because of the is heat and strength enough in the fineness of the spirit: and in conservatories of plant to make the leaves odorate, there the smell rain-water, such as they have in Venice, &c., of the flower is rather evanid and weaker than they are found not so choice waters the worse, that of the leaves; as it is in rosemary flowers, perhaps, because they are covered aloft and kept lavender flowers, and sweet-briar roses. But from the sun. Snow-water is held unwholesome ; where there is less heat, there the spirit of the insomuch as the people that dwell at. the foot of plant is digested and refined, and severed from the the snow mountains, or otherwise upon the ascent, grosser juice, in the efflorescence, and not before. especially the women, by drinking of snow-water, 390. Most odours smell best broken or crushed, have great bags hanging under their throats. as hath been said but flowers pressed or beaten do Well-water, except it be upon chalk, or a very lose the freshness and sweetness of their odour. plentiful which is an spring, maketh meat red The cause is, for that when they are crushed, the ill sign. Springs on the tops of high hills are grosser and more earthy spirit cometh out with the best: for both they seem to have a lightness
where there
the finer, and troubleth it; whereas in stronger and appetite of mounting; and besides, thoy are odours there are no such degrees of the issue of most pure and unmingled ; and again, are more he smell. For percolated through a great space of earth.
CENT. IV.
waters
all
111
NATURAL HISTORY.
tin-
valleys join in effect
waters of
same
|>;iss
level;
under ground with whereas springs on
are well watered
Verde
is
the tups of hills through ;i great d--.il of pure earth with less mixture of other water-;.
lent through
and the region above Cape likewise moist, insomuch as it is pesti moisture but the countries of th
:
397. .Seventhly, judgment
may
be.
made of
waters by the
as
pebble
1.1
;
is
whereupon the water runneth; the cleanest and best tasted ; and
soil
next
that clay-water;
fourthly, that
clr.ilk
all
upon mud.
Neither
and thirdly, water upon upon sand; and worst of may you trust waters
Abyssenes, and Barbary, and Peru, where they are tawny, and olivaster, and pale, are generally moro sandy and dry. A8 for the Êthiopes, as they arc plump and lleshy, so, it may be, they are sanguine and ruddy coloured, if their black skin would
sutler
it
to
be seen.
solitary touching
that taste sweet, f.r they are
commonly
found in
Experiment
400.
motion after the in
rising grounds of groat cities, take in a great deal of filth.
which must needs
stant of death.
Experiment
solitary touching the temperate undtr the equinoctial.
heat
dies,
398. In Peru, and divers parts of the West In though under the line, the heats are not so
intolerable as they be in Barbary, and the skirts of the torrid zone. The causes are, first the great
do move a good while some a very ; little time, as men and all beasts; some move, though cut in several pieces, as snakes, eels, worms, flies, &c. First, therefore, it is certain, that the immediate cause of death is the reso lution or extinguishment of the spirits; and that
creatures
is
Some
after their
head
off",
as birds
breezes which the motion of the air in great cir cles, such as are under the girdle of the world,
the destruction or corruption of the organs ia but the mediate cause. But some organs are
produceth, which do refrigerate; and therefore in those parts noon is nothing so hot, when the breezes are great, as about nine or ten of the clock
so peremptorily necessary, that the extinguish ment of the spirits doth speedily follow ; but yet so as there is an interim of a small time. It is
reported by one of the ancients of credit, that a sacrificed beast hath lowed after the heart hath
Another cause is, for that the length of the night, and the dews thereof, do com A third cause is, pensate the heat of the day. the stay of the sun ; not in respect of day and
in the forenoon.
night, for that we spake of before, but in respect of the season ; for under the line the sun crosseth
the line, and
maketh two summers and two
winters, but in the skirts of the torrid zone it doiihleth and goeth back again, and so maketh
one long summer.
Experiment
399.
solitary touching the coloration of black
and tawny Moors.
The
heat of the sun maketh
men
black in
some
countries, as in .(Ethiopia and Guiney, &c. Fire doth it not, as we see in glass-men, that are
continually about the fire. The reason may be, because fire doth lick up the spirits and blood of the body, so as they exhale, so that it ever maketh men look pale and sallow; but the sun, which is a gentler heat, doth but draw the blood to the out
ward parts, and rather concocteth it than soaketh it; and therefore we see that all Êthiopes are fleshy and plump, and have great lips, all which betoken moisture retained, and not drawn out. the
been severed and it is a report also of credit, that the head of a pig hath been opened, and the brain put into the palm of a man s hand, trem bling, without breaking any part of it, or severing it from the marrow of the back-bone, during which time the pig hath been, in all appearance, stark dead, and without motion; and after a small time the brain hath been replaced, and the skull of the pig closed, and the pig hath a little after gone about. And certain it is, that an eye, upon revenge, hath been thrust forth, so as it hanged a pretty distance by the visual nerve ; and during that time the eye hath been without any power of sight; and yet after being replaced recovered Now the spirits are chiefly in the head and sight. cells of the brain, which in men and beasts are large ; and therefore, when the head is off, they move little or nothing. But birds have small heads, and therefore the spirits are a little more dispersed in the sinews, whereby motion remaineth in them a little longer; insomuch as it is ex tant in story, that an emperor of Rome, to show
;
We see also, that the Negroes are bred in countries

;
certainty of his hand, did shoot a great forked arrow at an ostrich, as she ran swiftly upon the that have plenty of water, by rivers and otherwise stage, and struck off her head, and yet she con for Mero, which was the metropolis of Êthiopia, tinued the race a little way with her head off. Aa was upon a great lake; and Congo, where the for worms, and flies, and eels, the spirits are dif Negroes are, is full of rivers. And the confines fused almost all over, and therefore they move in of the river Niger, where the Negroes also are, their several pieces.
NATURAL HISTORY.
CE*T. V.
CENTURY
Exptriments in consort touching
the acceleration of
V.
WE
will
now
do
germination. inquire of plants or vegetables,
the watered twice a day with warm water, next the claret wine. So that these three last were
slower than the ordinary wheat of
itself,
and this
and we
it with diligence. They are the principal part of the third day s work. They are the first "producat," which is the word of animation:
shall
culture did rather retard than advance.
As
for
those that were steeped in malmsey, and spirit of wine, they came not up at all. This is a rich ex
words are but the words of essence. periment for profit; for the most of the steepinga they are of excellent and general use for are cheap things, and the goodness of the crop food, medicine, and a number of mechanical arts. is a great matter of gain, if the goodness of the 401. There were sown in a bed, turnip-seed, crop answer the earliness of the corning up, as it radish-seed, wheat, cucumber-seed, and peas. is like it will, both being from the vigour of the
for the other
And
The bed we
is
a hot-bed, and the manner of it seed, which also partly appeared in the former ex was taken horse-dung, old and well periments, as hath been said. This experiment was laid upon a bank half a foot would be tried in other grains, seeds, and kernels rotted; high, and supported round about with planks and for it may be some steeping will agree best with upon the top was cast sifted earth, some two some seeds. It would be tried also with roots It would fingers deep, and then the seed sprinkled upon it, steeped as before, but for longer time. having been steeped all night in water mixed with be tried also in several seasons of the year, espe cow-dung. The turnip-seed and the wheat came cially in the spring. 403. Strawberries watered now and then, as up half an inch above ground within two days
call this
:
there
this
after,
day.
without any watering. The rest, the third The experiment was made in October; and, it may be in the spring, the accelerating would have been the speedier. This is a noble experi
;
once in three days, with water wherein hath been steeped sheeps-dung or pigeons-dung, will prevent and come early. And it is like the same effect
would follow in other

grains, or trees.
berries, herbs,
it
flowers,
without this help they would have been four times as long in coming up. But there doth not occur to me, at this present, any use thereof for profit, except it should be for sowing of peas, which have their prices very much increased by the early coming. It may be tried also with
for
ment
And
therefore
is
an experi
ment, though vulgar in strawberries, yet not brought into use generally: for it is usual to help the ground with muck, and likewise to recomfort it sometimes with muck put to the roots ; hut to water it with muck-water, which is like to ba
cherries, strawberries,
and other
fruit,
which
are
more
dearest
402. in water mixed with cow-dung; other in water mixed with horsedung; other in water mixed with pigeon-dung; other in urine of man, other in water mixed with chalk powdered, other in water mixed with soot, other in water mixed with ashes, other in water mixed with bay-salt, other in claret wine, other in
when they come early. There was wheat steeped
forcible, is not practised. Dung, or chalk, or blood, applied in sub stance, seasonably, to the roots of trees, doth set
404.
them forwards.
are too hot.
But to do it unto herbs, without mixture of water or earth, it may be these helps
405.
The former means of helping germination
to the water
And of this latter kind, concerning the better. save that there was not of the salt comforting of the spirits of the plant, are also the above an eighth part. The urine, and the wines, experiments that follow ; though they be not ap and the spirit of wine, were simple without mix plications to the root or seed. The planting of ture of water. The time of the steeping was trees warm upon a wall against the south, or south
;
malmsey, other in spirit of wine. The proportion of the mixture was a fourth part of the ingredients
by the goodness and strengtli of the nourishment, or by the comforting and oxriting the spirits in the plant, to draw the nourishment
are either
twelve hours. The time of the year October. east sun, doth hasten their coming on and ripen There was also other wheat sown unsteeped, but ing; and the south-east is found to be better than watered twice a day with warm water. There the south-west, though the south-west be the was also other wheat sown simple, to compare it hotter coast. But the cause is chiefly, for that
with the
rest.
The event was,
that those that
were
dung, and urine, and soot, chalk, ashes and salt, came up within six days and those that afterwards proved the highest, thickest and most lusty, were first the urine, and
in tne mixture of
:
the heat of the morning succeedeth the cold of the night: and partly, because many times the south west sun is too parching. So likewise the plant ing of them upon the back of a chimney where a fire is kept, doth hasten their coming on and
then the dungs, next the chalk, next the soot, ripening; nay more, the drawing of the bought next the ashes, next the salt, next the wheat into the inside of a room where a fire is continually which hath been simple of itself unsteeped and unwatered, next kept, worketh the same effect,
CENT. V.
tried
NATURAL HISTORY.
SI
&c. come in a month, that in other grounds will not come in two, and so make double returns. 410. Wheat also was put into the water, and came not forth at all ; so as it seemeth there must pTiuiii.itiiiii formerly described ; that is to say, the mending of the nourishment; and comforting be some strength and bulk in the body put into of tin- spirit of tlie plant: there is a third, which the water, as it is in roots, for grains, or seeds, H the making \v,iy for the easy coming to the the cold of the water will mortify. But casually And therefore some wheat lay under tin: pan, which was some nourishment, and drawing it. gentle digging and loosening of the earth about what moistened by the suing of the pan; which the roots of trees and the removing herbs and in six weeks, as aforesaid, looked mouldy to the flowers into new earth once in two years, which eye, but it was sprouted forth half a finger s
40t>.
with grapes, insomuch as they will come a month earlier than the grapes abroad. Besides the two means of acceli -ratinir
is
the s;une tiling, for the
new
earth is ever looser,
length.
doth greatly further the prospering and earliness of plants.

facilitating the
411.
It
that for nourishment the water
seemeth by these instances of water, is almost all in all,
407. But the most admirable acceleration by nourishment is that of water. For
and that the earth doth but keep the plant upright, and save it from over-heat and over-cold ; and
therefore is a comfortable experiment for good drinkers. It proveth also that our former opinion,
that drink incorporate with flesh or roots, as in under the water, the standard be capon-beer, &c., will nourish more easily than ing more than two foot high above the water: meat and drink taken severally. within the space often days the standard did put 412. The housing of plants, I conceive, will forth a fair green leaf, and some other little buds, both accelerate germination, and bring forth which stood at a stay, without any show of decay flowers and plants in the colder seasons and as or withering, more than seven days. But after we house hot-country plants, as lemons, oranges, wards that leaf faded, but the young buds did myrtles, to save them; so we may house our own which afterward opened into fair leaves country plants, to forward them, and make them sprout on, in the space of three months, and continued so a come in the cold seasons ; in such sort, that you while after, till upon removal we left the trial. may have violets, strawberries, peas, all winter But note, that the leaves were somewhat paler so that you sow or remove them at fit times. and lighter-coloured than the leaves used to be This experiment is to be referred unto the comfort abroad. Note, that the first buds were in the end ing of the spirit of the plant by warmth, as well of October; and it is likely that if it had been in as housing their boughs, &c. So then the means the spring time, it would have put forth with to accelerate germination, are in particular eight, it greater strength, and, may be, to have grown in general three. on to bear flowers. By this means you may have, as it seemeth, roses set in the midst of a pool, be Experiments in consort touching the putting back or retardation of germination, ing supported with some stay ; which is matter 413. To make roses, or other flowers come of rareness and pleasure, though of small use. This is the more strange, for that the like rose- late, it is an experiment of pleasure. For the an
ture, half a foot
:
:
damask rose with the root on, was set in a chamber \vliore no fire was, upright in an earthen pan, full of fair water, without any mix
a standard of a
standard was put at the same time into water mixed with horse-dung, the horse-dung about the
fourth part to the water, and in four month s space, while it was observed, put not forth any leaf,
cients esteemed
much
of
"
rosa
sera."
And
in
deed the November rose is the sweetest, having been less exhaled by the sun. The means are
these. First, the cutting off their tops imme diately after they have done bearing, and then they will come again the same year about No
will not
cut, but
though divers buds

403.
at the first, as the other.

root,
Dutch flower that had a bulbous
was likewise put at the same time all underwater, vember: but .hey some two or three fingers deep, and within seven where they were
days sprouted, and continued long after further growing. There were also put in, a beet-root, a borage root, and a radish-root, which had all their leaves cut almost close to the roots, and * ithin six weeks had fair leaves, and so continued till the end of November.
10 .).
come
just on the tops out of those shoots
which were, as
is, for
it
were, water boughs.
The cause
that the sap, which otherwise would have fed the top, though after bearing, will, by the discharge of that, divert unto the side sprouts,
and they will come 414. The second
to bear, but later.

is
Note, that
if roots,
or peas, or flowers,
may
there
be accelerated in their coming and ripening, is a double profit; the one in the high price
!
the pulling off the buds of the rose, when they are newly knotted ; for then the side branches will bear. The cause is the same with the former; for cutting off the tops,
the buds, work the same effect, in and pulling retention of the sap for a time, and diveision of it to the sprouts that were not so forward.
oft"
that those things bear when they come early other in the swiftness of their returns : for in
the
1
1
some
grounds which
are strong,
you
shall
have a radish.
NATURAL HISTORY.
415. The third is the cutting off some few of the top boughs in the spring time, but suffering the lower boughs to grow on. The cause is,
set
CENT. V
for acceleration,
down, do serve also
becauso
the tree
both effects proceed from the increase of vigour in but yet, to avoid confusion, and because ;
boughs do help more strongly; and we see

for that the
trees,
many do use
to
draw up the sap some of the means are more proper for the one in polling of effect, and some for the other, we will handle them leave a bough or two on apart.
to
that
And it is re the top, to help to draw up the sap. ported also, that if you graft upon the bough of a tree, and cut off some of the old boughs, the new
cions will perish. 41 G. The fourth
is
422. It
of
flint
is
an assured experience, that a heap
or stone, laid about the bottom of a wild
tree, as
by laying the roots
bare
an oak, elm, ash, &c., upon the first planting, doth make it prosper double as much as without it. The cause is, for that it retaineth the
and suffereth
Again,
it
about Christmas some days. The cause is plain, for that it doth arrest the sap from going upwards for a time ; which arrest is afterwards released by the covering of the root again with earth ; and then the sap getteth up, but later. 417. The fifth is the removing of the tree some month before it buddeth. The cause is, for that
moisture which falleth at any time upon the tree, be exhaled by the sun. it not to
and
the
frosts, as
keepeth the tree warm from cold blasts it were in a house. It may be also,
is somewhat in the keeping of it steady at first. Query, If laying of straw some height about the body of a tree will not make the tree
there
some time will be required after the remove for the re-settling, before it can draw the juice ; and that time being lost, the blossom must needs come
forth later.
yet
For though the root giveth the sap, the body that draweth it. But you must note, that if you lay stones about a stalk of let tuce, or other plants that are more soft, it will
forwards.
it is
418.
The
sixth is the grafting of roses in

until
May, over-moisten
;
the roots, so as the
worms
will eat
which commonly gardeners do not

then they bear not
graft
till
July
and
them.
tree, at the first setting, should not be shaken, until it hath taken root fully : and there
them
in
May,
the next year; but if you they will bear the same year,
423.
fore some have put two little forks about the bot seventh is the girding of the body of tom of their trees to keep them upright; but after the tree about with some packthread; for that also a year s rooting, then shaking doth the tree good, inadegreerestraineth the sap, and maketh itcome by loosening of the earth, and, perhaps, by ex
but
late.
419.
The
up more
420.
late
and more slowly.

eighth
is
ercising, as
it
were, and stirring the sap of the
The
the planting of
them
in a
tree.
shade, or in a hedge : the cause is, partly the keeping out of the sun, which hasteneth the sap to rise ; and partly the robbing of them of nourish
424. Generally the cutting away of boughs and suckers at the root and body doth make trees grow
high
ment by
the stuff in the hedge.
These means the
be practised upon other, both trees and flow we mutatis mutandis." 425. It is reported, that to make hasty-growing 421. Men have entertained a conceit that show- coppice woods, the way is, to take willow, sallow, a late com eth prettily namely, that if you graft poplar, alder, of some seven years growth ; and to
may
; and contrariwise, the polling and cutting of top maketh them grow spread and bushy. As see in pollards, &c.
ers,
"
ing
fruit
upon a stock of a
fruit tree that
cometh
early, the graft will bear fruit early ; as a peach upon a cherry, and contrariwise, if an early-com ing fruit upon a stock of a fruit tree that cometh
late, the graft will
set them not upright, but aslope, a reasonable depth under the ground ; and then, instead of one root they will put forth many, and so carry more shoots upon a stem.
peach. untrue.
But these
bear fruit late, as a cherry upon are but imaginations, and

is,
426.
all his
When
of fruit trees, take a

earth
you would have many new roots low tree and bow it, and lay
The cause
for
that the
cion over-
ruleth the stock quite, and the stock is but passive only, and giveth aliment, but no motion to the
graft.
branches aflat upon the ground, and cast upon them, and every twig will take root.
is
And
this
a very profitable
experiment
for
costly trees, for the

the melioration
boughs will make stocks

offruits,
trees,
and plants.
to
without charge ; such as are apricots, peaches, almonds, cornelians, mulberries, figs, &c. The like is continually practised with vines, roses,
musk-roses, &c. 427. From May to July you may take off the bark of any bough, being of the bigness of three or four inches, and cover the bare place, somewhat above and below, with loam well tempered with
horse-dunir, binding
it
We will
ers,
speak now,
how
make
fruits,
flow
and roots larger, in more plenty, and sweeter than they use to be, and how to make the trees themselves more tall, more spread, and more hasty Wherein there tnd sudden than they use to be. is no doubt but the former experiments of accele-
fast
down.
Then
cut off
rinn
will serve
much
again, that these experiments,
to these purposes. which we shall
And the bough about Allhallontide now and set it in the ground, and it
in the bare place, will grow to be a
CENT. V.
fair tree in
tlic
NATUJAI,
one year.
Ill.sTORY.
whether a tree grafted somewhat near the ground and the lower houghs only maintained, and tinhigher continually pruned oil would not make
,
The cause may
ho, for that
baring from the hark keepeth tlir sap from de scending towards winter, and so holdeth it in the
;i
loam and horse-dung applied to the hare place do moisten cherish it, and make it more apt to put it, and
b..iigh;
and
it
may
be also that
tin-
larger fruit.
IM. i.
To have
fruit in greater plenty, the
wav
is
forth the root.
means
(>.
for
Note, that this may be a general keeping up the sap of trees in their
not only upon young stocks, but upon divers boughs of an old tree; for they will bear numbers of fruit: whereas if you graft but great
to graft
bought, which
It
may
serve to other effects.
upon one stock the

434.
trees,
tree
can bear but few.
and melioration of fruits, is practised in no may lie, for that the tree before had too much re thing but in vines which if it were transferred pletion, and was oppressed with its own sap; for unto other trees and shrubs, as roses, &c., I con ceive would advance them likewise. repletion is an enemy to generation. 1-J!. It hath been 435. It hath been known, that a fruit-tree hath practised in trees that do not to cleave two or three of the chief roots, and been blown up almost by the roots, and set hear, up to put into the cleft a small pebble, which may again, and the next year bear exceedingly. The it and then it will bear. The cause cause of this was nothing but the loosening of the keep open, may be, for that a root of a tree may be, as it were earth, which comforteth any tree, and is fit to be hide-bound, no less than the body of the tree ; practised more than it is in fruit-trees for trees but it will not keep open without somewhat put cannot be so fitly removed into new grounds as flowers and herbs may. into it. 430. It is usually practised, to set trees that 436. To revive an old tree, the digging of it require much sun upon walls against the south ; about the roots, and applying new mould to the as apricots, peaches, plums, vines, figs, and the roots, is the way. We see also that draught-oxen like. It hath a double commodity ; the one, the put into fresh pasture gather new and tender heat of the wall by reflection ; the other, the taking flesh ; and in all thigs better nourishment than away of the shade; for when a tree groweth hath been used doth help to renew ; especially if it be not round, the upper boughs over-shadow the lower only better, but changed and differing but when it is spread upon a wall, the sun cometh from the former. alike upon the upper and lower branches. 437. If an herb be cut off from the roots in the 431. It hath also been practised by some, to beginning of winter, and then the earth be trodden pull off some leaves from the trees so spread, that and beaten down hard with the foot and spade, the sun may come upon the bough and fruit the the roots will become of very great magnitude in There hath been practised also a curiosity, summer. The reason is, for that the moisture be better. to set a tree upon the north side of a wall, and at ing forbidden to come up in the plant, stayeth a little height to draw it through the wall, and longer in the root, and so dilateth it. And gar
tion
:
: :
practised in trees that show fair and hear not, to bore a hole through the heart of the tree, and thereupon it will hear. Which
hath
hem
The digging
is
which
yearly about the roots of a great means both to the accelera
spread
root
it upon the south side: conceiving that the deners use to tread down any loose ground after and lower part of the stock should enjoy the they have sown onions, or turnips, &c. freshness of the shade ; and the upper boughs 438. If "panicum" be laid below and about and fruit, the comfort of the sun. But it sorted the bottom of a root, it will cause the root to grow not ; the cause is, for that the root requireth some to an excessive bigness. The cause is, for that comfort from the sun, though under earth, as well being itself of a spongy substance, it draweth tht as the body and the lower part of the body more moisture of the earth to it, and so feedeth the root. than the upper, as we seen in compassing a tree This is of greatest use for onions, turnips, pars below with straw. nips, and carrots. l.TJ. The lowness of the 439. The shifting of ground is a means to bough where the fruit cometh, maketh the fruit greater, and to ripen better the tree and fruit ; but with this caution, better ; for you shall ever see, in apricots, peaches, that all things do prosper best when they are ad or melocotones upon a wall, the greatest fruits vanced to the better; your nursery of stocks towards the bottom. And in France, the grapes ought to be in a more barren ground than the that make the wine grow upon low vines bound ground is whereunto you remove them. So all to small stakes; and the raised vines in arbours graziers prefer their cattle from meaner pastures make hut verjuice. It is true, that in Italy and to better. We see also, that hardness in youth other countries where they have hotter sun, they lengtheneth life, because it leaveth a cherishing raise them upon elms and trees; but I conceive, to the better of the body in age nay, in exercises, that if the French manner of planting low were it is good to begin with the hardest, as dancing brought in use there, their wines would be in thick shoes, &c. sin-Hirer and sweeter. But it is more churgeahlo lln. It hath been observed, that hacking of in respect of the props. It were good to try trees in their bark, both downright and across, o
:
j : j
ti-1
NATURAL HISTORY.
i
CK.VT. V.
as you may make them rather in slices than in continued tracks, diitli great good to trees; and especially delivereth them from being hide-bound,
ample of the biting of WVpfl or worms upon whrrrby manifestly ripeneth the sooner.
117.
|
fruit,
It
is
reported,
tlrat
"alga
marina,"
sea
and killeth their moss.

111.
weed, put under the roots of coleworts, and, per

I
some plants conduceth to make haps, of other plants, will further their growth. them large and prosperous more than sun, as in The virtue, no doubt, hath relation to salt, which strawberries and bays, &c. Therefore amongst is a great help to fertility. strawberries sow here and there some borageseed, 448. It hath been practised, to cut off the stalks
Shade
to
j
and you shall find the strawberries under those leaves far more large than their fellows. And bays you must plant to the north, or defend them from the sun by a hedge-row ; and when you sow
the berries,
close
j
of cucumbers, immediately after their bearing, by the earth; and then to cast a pretty
quantity of earth upon the plant that remainetli, and they will bear next year fruit long before th
year ; for 442. To increase the crops of plants, there would be considered not only the increasing the
lust of the earth, or of the plant, but the saving also
weed not the borders for the the weed giveth them shade.
first
half
ordinary time.
The cause may
be, for that the
the sooner, and is not spent in the stalk or leaf, which rernaineth after the fruii.. Where note, that the dying in the winter of the
sap goeth
down
roots of plants that are annual, seemeth
to
be
So they have lately made partly caused by the over-expense of the sap into which nevertheless hath been stalk and leaves; which being prevented, they left off, because- of the trouble and pains: yet so will superannuate, if they stand warm. much is true, that there is much saved by the set 449. The pulling off many of the blossoms The ting, in comparison of that which is sown, both from a fruit-tree doth make the fruit fairer. by keeping it from being picked up by birds, and cause is manifest for that the sap hath the less by avoiding the shallow lying of it, whereby to nourish. And it is a common experience, that much that is sown taketh no root. if you do not pull off some blossoms the first 443. It is prescribed by some of the ancients, time a tree bloometh, it will blossom itself to that you take small trees, upon which figs or other death. fruit grow, being yet unripe, and cover the trees 450. It were good to try what would be the in the middle of autumn with dung until the effect, if all the blossoms were pulled from a spring; and then take them up in a warm day, fruit-tree or the acorns and chestnut-buds, &c., and replant them in good ground and by that from a wild tree, for two years together. I sup means the former year s tree will be ripe, as by a pose that the tree will either put forth the third new birth, when other trees of the same kind do year bigger and more plentiful fruit: or else, the but blossom. But this seemeth to have no great same years, larger leaves, because of the sap
of that which
trial to
is spilt.
set wheat,
probability.
stored up.
451. It hath been generally received, that a mingle it with water, to the thickness of honey, plant watered with warm water will come up and therewith anoint the bud after the vine is cut, sooner and better than with cold water or with it will But our experiment of watering wheat sprout forth within eight days. The cause showers. is like to be, if the experiment be true, the open with warm water, as hath been said, succeeded ing of the bud and of the parts contiguous, by the not; which may be, because the trial was too spirit of the nitre ; for nitre is, as it were, the life late in the year, viz., in the end of October. of vegetables. For the cold then coming upon the seed, after it
It is reported, that if
444.
you take
nitre,
and
445. Take seed, or kernels of apples, pears, oranges; or a peach, or a plum-stone, &c. and put them into a squill, which is like a great onion,
was made more

check
it.
tender by the
warm
water, might
grafting, for
452. There
is
no doubt, but that
and they will come up much This I conceive earth itself.
earlier than in the
to be as a kind of
the most part doth meliorate the fruit. The cause is manifest; for that the nourishment is better
giafting in the root; for as the stock of a graft yieldeth better prepared nourishment to the graft
than the crude earth, so the squill doth the like to And I suppose the same would be done the seed.
prepared in the stock than in the crude earth ; but yet note well, that there be some trees that are said to come up more happily from the kernel
than from the graft, as the peach and melocotone. by putting kernels into a turnip or the like, save The cause, I suppose to be, for that those plants that the squill is more vigorous and hot. It may require a nourishment of great moisture; and be tried also, with putting onion-seed into an though the nourishment of the stock be finer and onion-head, which thereby, perhaps, will bring better prepared, yet it is not so moist and plentiful
forth a larger
and
earlier onion.
as the nourishment of the earth.
And
indeed \vo
446.
The
pricking of a fruit in several places,
when
it is almost at its bigness, and before it with success, to lipeneth, hath been practised see the ex ripen the fruit more suddenly.
We
see those fruits are very cold fruits in their natuie. 453. It hath been received, that a smaller pear grafted upon a stock that beareth a greater pear,
will
become
great.
But
think
it
is
as true as
N
tli;ii
>e
ITURAL HISTORY.
the cause is the same with other removes formerly mentioned. 460. Coleworts are reported hy "e of the probahle Upon ancients to prosper exceedingly, and to lie better
of
tin-
prime
imvern.
if
fruit
upon the
1<
latr
h<
stock; and
;
the sudden;
ronverso," \\liii-li
\vr rejected
-=-,
<
fore
is
for the
CI.IM
\\ill
Neverth.
it
enough, (hat
a
lli.
li.
r y u || call _
"Ii
to
<rr\\
-t
ck of another kind, that
is
much
Minister
Us own stork, it may make tin- fruit Crater, cause it will yield mop- plentiful nourishment,
in
it
tasted, if they lie sum. times \\atercd with salt water, and much more with water mi\d with nitre; the spirit of which is less adurent than salt.
though
I!ut
is
like
it
will
make
the
fruit
haser.
;
4G1.
It
is
reported, that
rueumbers
generally the grafting is upon ;i drier stock, ;is the apple upon a era!), the pear upon a thorn, \c. Vet it is reported, tliat in the Low Coun
more tender and dainty,
if their s.-e.U
a little in milk; the cause
may
lie,
prove he steeped for that the
will
they will graft an apple cion upon the stock of a colewort, and it will hear a great flaggy apple, the kernel of which, if it he set, will be a
tries
seed being mollified with the milk, will be too weak to draw the grosser juice of the earth, but
only the
finer.
made
ness.
in artichokes
The same experiment may he and other seeds, when you

either their flashiness or hitu
:-
and not an apple. It wore good to try whether an apple cion will prosper, if it he grafted upon a sallow, or upon a poplar, or upon an alder, or upon an elm, or upon a horse-plum, which are the moistest of trees. I have heard that it hath IK en tried upon an elm, and succeeded. It is manifest hy experience, that flowers removed wax greater, because the nourishment is
eoli wort,
!.">!.
would take away
They speak
also, that the like effect fol-
loweth of steeping in water mixed with honey ; but that seemeth to me not so probable, because
honey hath too quick a

462.
It is
spirit.
reported, that
cucumbers
will be less
more easily come by
in the loose earth.
It
may
watery, and more melon-like, if in the pit where you set them, you fill it, half way up, with chaff or small sticks, and then pour earth upon them
:
same cion may like for cucumbers, as it seemeth, do extremely affect wise make fruit greater; as if you take a cion and moisture, and over-drink themselves, which the graft it upon a stock the first year, and then cut chaff or chips forbiddeth. Nay, it is farther re it off and graft it upon another stock the second ported, that if, when a cucumber is grown, you
he, that oft redrafting o f the
year, and so for a third or fourth year, and then let it rest, it will yield afterward, when it beareth,
set a pot of water about five or six inches dis tance from it, it will, in twenty-four hours, shoot
the greater fruit.
so
much
Of grafting there are many experiments worth the noting, but those we reserve to a proper place. 455. It maketh figs better, if a fig-tree, when
it
true, is
out as to touch the pot; which, if it be an experiment of a higher nature than betitle
:
longeth to this
in plants, to
for
it
move towards
diseovereth perception that which should
heginneth to put forth leaves, have his top cut help and comfort them, though it be at a distance. The cause is plain, for that the sap hath the The ancient tradition of the vine is far more less to feed, and the less way to mount but it strange : it is, that if you set a stake or prop at may be the fig will come somewhat later, as was some distance from it, it will grow that way, which
off.
:
formerly touched.
The same may be
tried like
wise in other
l.">(i.
trees.
It
is
reported, that mulberries will be
is far stranger, as is said, than the other; for that water may work by a sympathy of attraction, but this of the stake seemeth to be a reasonable
fairer, and the trees more fruitful, if you bore the discourse. trunk of the tree through in several places, and 463. It hath been touched before, that terebrathrust into the places bored wedges of some hot tion of trees doth make then prosper better. But
trees, as turpentine, mastic-tree,
guaiacum, juni
per,
&c.
The cause may
be, for that adventive
heat doth cheer up the native juice of the tree. 457. It is reported, that trees will grow greater,
found also, that it maketh the fruit sweeter The cause is, for that, notwithstand ing the terebration, they may receive aliment suf ficient, and yet no more than they can well turn
it is
and
better.
and bear better
fruit, if
you put
salt, or lees
of
wine, or blood to the root.

tilings
The cause may
be
the increasing the lust or spirit of the root; these
being more forcible than ordinary com

is
and digest, and withal do sweat out the coarsest and unprofitablest juice; even as it is in living creatures, which by moderate feeding, and exer cise, and sweat, attain the soundest habit of body.
464.
posts.
As
terebration doth
meliorate
fruit,
so
458. It
reported
by one of the
ancients, that
upon the
artichokes will be less prickly, and more tender, if the seeds have their tops dulled, or grated off upon a stone.
like reason doth letting of plants blood, as pricking vines or other trees, after they be of
some growth, and thereby letting forth gum or tears, though this be not to continue, as it is in 459. Herbs will be tenderer and fairer, if you terebration, but at some seasons. And it is intake them out of beds, when they are newly come ported that by this artifice bitter almonds have up, and remove them into pots with better earth. been turned into sweet. The remove from bed to bed was spoken of be 465. The ancients, for the dulcorating ot truit, fore but that was in several years ; this is upon do commend swine s dung above all other dung: VOL. II. 9 ri
;
NATURAL HISTORY.
wliich
CENT. V.
may be because of the moisture of that cause the stone lieth not so near the sun as the beast, whereby the excrement hath less acrimony, tree gro\vt th. fir \\c see swine s and 472. Timber trees in a coppice wood do grow pig s flesh is the moistest of fleshrs. better than in an open field ; both because they 466. It is observed by some, that all herbs wax offer not to spread so much, but shoot up still in sweeter, both in smell and taste, if after they be bright; and chiefly because they are defended grown up some reasonable time they be cut, and from too much sun and wind, which do check the
so you take the latter sprout. The cause may be, growth of all fruit; and so, no doubt, fruit-trees, for that the longer the juice stayeth in the root of vines, set upon a wall against the sun, between ami Ûlk, the better it concocteth. For one of elbows or buttresses of stone, ripen more than the chief causes why grains, seeds, and fruits, are upon a plain wall.
more nourishing than leaves, is the length of time in which they grow to maturation. It were not amiss to keep back the sap of herbs, or the like, some lit means, till the end of summer, where by, it may be, they will be more nourishing. 467. As grafting doth generally advance and meliorate fruits, above that which they would be if they were set of kernels or stones, in regard the nourishment is better concocted ; so, no doubt, even in grafting, for the same cause, the choice
>y
that if potado-roots be set in a with earth, and then the pot with earth be set likewise within the ground some two or three inches, the roots will grow greater than or
473.
It is said,
pot
filled
dinary.
The cause may
be, for that
having earth
;
enough within the pot to nourish them and then being stopped by the bottom of the pot from put ting strings downward, they must needs grow
of the stock doth

dulleth
much always,
it 474. The cutting off the leaves of radish, or other roots, in the beginning of winter, before they a quince. wither, and covering again the root something upon 468. Besides the means of melioration of fruits high with earth, will preserve the root all winter, before mentioned, it is set down as tried, that a and make it bigger in the spring following, as mixture of bran and swine s dung, or chaff and hath been partly touched before. So that there is
be somewhat inferior
it.
to the cion, for
provided that otherwise
it
And it may be, greater in breadth and thickness. that all seeds or roots potted, and so set into the earth, will prosper the better.
They commend much
the grafting of
pears or apples
swine s dung especially, laid up together for a a double use of this cutting off the leaves; for in month to rot, is a very great nourisher and com plants where the root is the esculent, as radish forter to a fruit-tree. and parsnips, it will make the root the greater, 469. It is delivered that onions wax greater if and so it will do to the heads of onions. And they be taken out of the earth, and laid a drying where the fruit is the esculent, by strengthening twenty days, and then set again and yet more, the root, it will make the fruit also the greater. if the outermost pill be taken off all over. 475. It is an experiment of great pleasure, to
;
It is delivered by some, that if one take bough of a low fruit-tree newly budded, and draw it gently, without hurting it, into an earthen pot perforate at the bottom to let in the plant, and
470.
make
the
the leaves of shady trees larger than ordi It hath been tried for certain that a cion ol nary. a weech-elm, grafted upon the stock of an ordi
nary elm, will put forth leaves almost as broad as then cover the pot with earth, it will yield a very the brim of one s hat. And it is very likely, that Which experi as in fruit-trees the graft maketh a greater fruit so large fruit within the ground. ment is nothing but potting of plants without in trees that bear no fruit, it will make the greater removing, and leaving the fruit in the earth. The leaves. It would be tried therefore in trees of that like, they say, will be effected by an empty pot, kind chiefly, as birch, asp, willow, and especially
;
without earth in it, put over the fruit, being the shining willow, which they call swallow-tail, propped up with a stake, as it hangeth upon the because of the pleasure of the leaf. tree ; and the better, if some few pertusions be 476. The barrenness of trees by accident, be made in the pot. Wherein, besides the defending sides the weakness of the soil, seed, or root ; and
some give a reason,
of the fruit from extremity of sun or weather, that the fruit loving and covet ing the open air and sun, is invited by those per
tusions to spread and approach as near the open air as it can ; and so enlargeth in magnitude. 471. All trees in high and sandy grounds are
to be set deep, and in watery grounds more shal low. And in all trees, when they be removed,
the injury of the weather, cometh either of their overgrowing with moss, or their planting too
deep, or by issuing of the sap too much into the For all these there are remedies mention leaves.
ed before.
Experiments in consort touching compound fruits

andjloweri.
see that in living creatures, that have male and female, there is copulation of several kinds ; and so compound creatures, as the mule, that \3 generated betwixt the horse and the ass, and some
especially fruit-trees, care ought to be taken, that the sides of the trees be coasted, north and south, &e., as they stood before. The same is said also
We
of stone out of the quarry, to

ble,
though that seemeth
to
make it more dura have less reason; be
othe r
compounds which we
call monsters,
though
CKNT. V.
more
t>i
NATURAL HISTORY.
;nnl
it
rare
is
held that that proverb, .Ifrini

jxirit,
the
nijn-r uliijuiii
itiiiimtri
eometh,
for that the
of hea.sts i-ome
fountains of waters there tiring rare, divers sorts lY"iu several parts to drink, and so
tall
most part of experiments that concein sym For as to plants neipathies and antipathies do. tlit r is there any such secret friendship or hatred
:
as they imagine
call
it
and
it
we should
he content to
being refreshed
\\ itli
several kinds.
is
of kinds in plants
if it
and many times The compounding mixture not found out; \\ hieli, never
to couple,
(
>r
than theless, that of living creatures, for that their lust reijuiretli a voluntary motion ; wherefore it were one of the be possible,
is
at
more
command
sympathy and antipathy, it is utterly mis taken, tor their sympathy is an antipathy, and their antipathy is a sympathy, for it is thus Wheresoever one plant draweth such a particular
:
M>
juice out of the earth, as it qualitieth the earth, as that juice which remaineth is fit for the other
most noble experiments touching plants to find it out: for so you may have great variety of new fruits and flowers yet unknown, drafting doth it not, that mendeth the fruit, or douhleth the flowers,
&c.. but
plant ; there the neighbourhood doth good, because the nourishments are contrary or several ; but
where two plants draw much the same
juice, there
it hath not the power to make a new kind. For the cion ever over-ruleth the stock. 480. First, therefore, all plants that do draw 477. It hath been set down by one of the an much nourishment from the earth, and so soak the cients, that if you take two twigs of several fruit- earth and exhaust it, hurt all things that grow by as great trees, especially ashes, and such trees, and flat them on the sides, and then bind them them close together and set them in the ground, trees as spread their roots near the top of the
;
the neighbourhood hurteth, for the one decciveth the other.
they will come up in one stock; but yet they will put forth their several fruits without any commix
So the colewort is not an enemy, though were anciently received, to the vine only; but Wherein note by the way, that it is an enemy to any other plant, because it draw ture in the fruit. unity of continuance is easier to procure than unity eth strongly the fattest juice of the earth. Andii
ground.
that
of species.
It is
and white grapes being
reported also, that vines of red set in the ground, and the
it be true, that the vine, when it creepeth near the colewort will turn away, this may be, because
upper parts beingflatted and bound close together, will put forth grapes of several colours upon the same branch ; and grape-stones of several colours within the same grape but the more after a year
:
there
it
findeth
root be
where
it
it
worse nourishment; for though the was, yet, I doubt, the plant will
bend as
481.
nourisheth.
plants are of several natures, and draw several juices out of the earth, there, as hath been said, the one set by the other helpeth first uniting they be often watered, for all moisture as it is set down by divers of the ancients, that to union. And it is prescribed also tobind rue doth prosper much, and becometh stronger, helpeth the bud as soon as it cometh forth, as well as the if it be set by a fig-tree, which, we conceive, is
Where
or two, the unity, as it seemeth, growing more And this will likewise help, if from the perfect.
stock, at the least for a time. 478. They report that divers seeds put into a clout, and laid in earth well dunged, will put up
in, their
caused not by reason of friendship, but by extrac tion of a contrary juice; the one drawing juice fit So they havo to result sweet, the other bitter.
set
plants contiguous; which, afterwards being bound shoots will incorporate. The like is said
down
sweeter: which likewise
of kernels put into a bottle with a narrow filled with earth. 479.
It is reported, that
mouth more
likewise, that a rose set by garlic is may be, because the fetid juice of the earth goeth into the garlic,
and the more odorate into the rose. 482. This we see manifestly, that there be kinds set certain corn-flowers which come seldom or never very often watered, in a fruitful ground, with the in other places, unless they be set, but only very luxury of the trees will incorporate and grow- amongst corn: as the blue-bottle, a kind of Which seemeth to me the likeliest yellow marygold, wild poppy, and fumitory. together. means that hath yet been propounded ; for that the Neither can this be, by reason of the culture of
young contiguous without any binding, and
trees of several
binding doth hinder the natural swelling of the the ground, by ploughing or furrowing; as some tree ; which, while it is in motion, doth better herbs and flowers will grow but in ditches new unite. cast; for if the ground lie fallow and unsown, to be they will not come so as it should seem
:
the
sympathy and the corn that

for their
and prepareth qualifieth the earth,
it
antipathy of plants.
growth.
There are many ancient and received traditions and observations touching the sympathy and anti pathy of plants; for that some will thrive best! growing near others, which they impute to sym pathy, and some worse, which they impute to an But these are idle and ignorant conceits, tipathy. and forsake the true indication of the causes, as
!
483. This observation, if it holdeth, as it is very probable, is of great use for the meliorating of taste in fruits and esculent herbs, and of the scent of flowers. For I do not doubt, but if the
rue more strong and bitter, fig-tree do make the as the ancients have noted, good store of me will make the fig mofr planted about the fig-tree
NATURAL HISTORY.
sweet.
fruits,
CENT.
and waterish,
most offend in the sun, moon, and some principal stars, and cerAnd so they have denobitter, harsh, sour, tain herbs and plants. were good, therefore, minated some herbs solar, and some lunar; and such like toys put into great words. to make the trials following. It is 484. Take wormwood, or rue, and set it near manifest that there are some flowers that have lettuce, or coleflory, or artichoke, and see whether respect to the sun in two kinds, the one by openthe lettuce, or the coleflory, &c., become not the ing and shutting, and the other by bowing and s\\ eeti r. For marygolds, tulips, pirninclining the head. 485. Take, a service-tree, or a cornelian-tree, or pernel, and indeed most flowers, do open and an elder-tree, which we know have fruits of harsh spread their leaves abroad when the sun shineth and binding juice, and set them near a vine, or serene and fair and again, in some part, close will them, or gather them inward, either towards fig-tree, and see whether the grapes or figs
the tastes that do
Now
and herbs, and roots, are

or flabby.
It
Of this there night, or when the sky is overcast. pumpions, and set needeth no sudi solemn feason to be assigned, as them here and there, amongst musk-mellons, and to say, that they rejoice at the presence of the see whether the melons will not be more winy, sun, and mourn at the absence thereof. For it is Set cucumbers, likewise, nothing else but a little loading of the leaves, and better tasted. and see whether the radish will and swelling them at the bottom, with the moist amongst radish, not be made the more biting. ure of the air, whereas the dry air doth extend 487. Take sorrel, and set it amongst rasps, and them ; and they make it a piece of the wonder, see whether the rasps will not be the sweeter. that garden clover will hide the stalk when the 488. Take common brier, and set it amongst sun showeth bright, which is nothing but a full violets or wall-flowers, and see whether it will expansion of the leaves. For the bowing and not make the violets or wall-flowers sweeter, and inclining the head, it is found in the great flower
not be the sweeter. 486.
Take cucumbers
or
less earthy in
their
smell.
So
set
lettuce
or
of the sun, in marygolds, wart-wort, mallow
cucumbers amongst rosemary or bays, and see flowers, and others. The cause is somewhat whether the rosemary or bays will not be the more obscure than the former; but I take it to be more od orate or aromatical. no other, but that the part against which the sun 489. Contrariwise, you must take heed how beateth, waxeth more faint and flaccid in the you set herbs together that draw much the like stalk, and thereby less able to support the flower. And therefore I think rosemary will lose 494. What a little moisture will do in vege juice. in sweetness, if it be set with lavender, or bays, tables, even though they be dead and severed or the like. But yet if you will correct the from the earth, appeareth well in the experiment strength of an herb, you shall do well to set other of jugglers. They take the beard of an oat,
like herbs
by him
to take
him down;
should set tansey by angelica, it angelica would be the weaker, and

ture in perfume.
may
as if you be the
which,
if
you mark
it
well, is wreathed at the
fitter for
mix
by
And
it
if
you should
set rue
bottom, and one smooth entire straw at the top. They take only the part that is wreathed, and cut off the other, leaving the beard half the
breadth of a finger in length. Then they make a little cross of a quill, longways of that part of
quill
common wormwood,
would turn to be liker 490. This axiom is of large extent; therefore would be severed, and refined by Neither must you expect to have a gross
perfection. 491. Trial
may be the wormwood Roman wormwood.

trial.
and the
diffe
which hath the
pith
and cross-ways of
rence by this kind of culture, but only farther
that piece of the quill without pith; the whole cross being the breadth of a finger high. Then they prick the bottom where the pith is, and
thereinto they put the oaten beard, leaving half

:
would be also made in herbs poi of it sticking forth of the quill then they take a sonous and purgative, whose ill quality, perhaps, little white box of wood, to deceive men, as if may be discharged, or attempered, by setting somewhat in the box did work the feat, in which,
with a pin, they make a little hole, enough to take the beard, but not to let the cross sink down, Then likewise, by way of impos ladies seal, which is a kind of briony, and cole- but to stick. worts, set near together, one or both will die. ture, they make a question; as, Who is the fairest The cause is, for that they be both great depre woman in the company? or, Who hath a glove
stronger poisons or purgatives by them. 492. It is reported, that the shrub called our
dators of the earth, and one of them starveth the The like is said of a reed and a brake ; other.
? and cause another to name divers per sons; and upon every naming they stick the cross in the box, having first put it towards their mouth, as if they charmed it, and the cross stirreth not;
or a card
both of which are succulent, and therefore the one deceiveth the other. And the like of hem-
ock and rue; both which draw strong juices. 493. Some of the ancients, and likewise divers of the modern writers that have laboured in aiiral magic, have noted a sympathy between
but
when
they
come
to the person that they
would
take, as they hold the cross to their mouth, they touch the beard with the tip of their tongue and
wet
it,
and so stick the cross
in the
box
and then
CENT. V.
you shall sec
turns,
it
NUTKAL
is
HISTORY.
thoroughly wet in water, and let it lie so some ten days, and M e whether the seeds will sprout, and the earth lieconie in.. re moist, and the; sponge
which
l>y
turn finely and softly three or four caused ly tltt! untwining of the
beard
the moisture.
You may
;m<l
see
it
more
evidently, if you stick the cross between y-nr ilu-refore you may lingers instead of the Imx;
see, that this motion,
more dry. The- experiment formerly mentioned of the cucumber creeping to the pot of water id
far stranger
which
is effected
by so
little
than this.
the
**,
lie. nl
i>
stronger than the closing or bending of the
of a marygold.
It is
making
herbs
called reported by some, that the herb make strong waters, soils," whereof they will, at the noon-day, when the sun shineth hot And and bright, have a great dew upon it.
!!:>.
and fruits nwdicinabk.

499. The altering of the scent, colour, or taste of fruit, by infusing, mixing, or letting into the bark, or root of the tree, herb, or flower, any co loured, aromatical, or medicinal substances, are
r.>sa
then-fore
whii-li
that
the
right
name
is
"ros
solis,"
that
It
it
they impute to a delight and sympathy Men favour wonders. hath with the sun.
first to
but fancies.
The cause is, for that those things have passed their period, and nourish not. And
be sure, that the dew that is all alteration of vegetables in those qualities must dew of the morning be by somewhat that is apt to go into the nourish But this is true, that where preserved, when the dew of other herbs is breathed ment of the plant. away ; for it hath a smooth and thick leaf, that kine feed upon wild garlic, their milk tasteth not discharge the dew so soon as other herbs plainly of the garlic and the flesh of muttons is doth And it may be better tasted where the sheep feedeth upon wild that are more spongy and porous.
were good
found upon
it
be not the
thyme, and other wholesome herbs. Galen also speaketh of the curing of the" scirrus" of the liver, by milk of a cow that feedeth but upon certain seemeth to be an exudiation of the herb itself. herbs; and honey in Spain smelleth apparently of As plums sweat when they are set in the oven the rosemary, or orange, from whence the bee gafor you will not, I hope, think, that it is like thereth it and there is an old tradition of a maid which is Gideon s fleece of wool, that the dew should fall en that was fed with napellus counted the strongest poison of all vegetables, upon that and nowhere else. 496. It is certain, that the honey dews are which with use did not hurt the maid, but poison found more upon oak leaves than upon ash, or ed some that had carnal company with her. So oeech,or the like but whether any cause be from it is observed by some, that there is a virtuous the leaf itself to concoct the dew, or whether it bezoar, and another without virtue, which appear be only that the leaf is close and smooth, and to the show alike but the virtuous is taken from
purslane, or some other herb, doth the like, and But if it be so, that it hath more not marked. dew at noon than in the morning, then sure it
is
: :
"
;"
dew, but preserveth the beast that feedeth upon the mountains, where It would be well inquired, there are theriacal herbs, and that without virtue, it, may be doubted. the drug, doth fall but upon certain from those that feed in the valleys where no such whether manna, that as herbs or leaves only. Flowers that have deep herbs are. Thus far I am of opinion sockets, do gather in the bottom a kind of honey, steeped wines and beers are very medicinal ; and likewise bread tempered with divers powders; so as honey-suckles, both the woodbine and the tre And in them certainly of meat also, as flesh, fish, milk and eggs, that foil, lilies, and the like. the flower beareth part with the dew. they may be made of great use for medicine and 197. The experience is, that the froth which diet, if the beasts, fowl, or fish, be fed with a they call woodseare, being like a kind of spittle, special kind of food fit for the disease. It were a is found but upon certain herbs, and those hot dangerous thing also for secret empoisonments. ones as lavender, lavender cotton, sage, hyssop, But whether it may be applied unto plants and it herbs, I doubt more, because the nourishment of &c. Of the cause of this inquire further: seemeth a secret. There falleihalso mildew i^-on them is a more common juice; which is hardly corn, ami smutteth it; but it may be, that the capable of any special quality, until the plant do satm- f.tlleth also upon other herbs and is not ob assimilate it.
therefore drinketh not in the
;
:
!
0>r
500. But lest our incredulity may prejudice any were good trial were made, whether profitable operations in this kind, especially since the great consent between plants and w atcr, which many of the ancients have set them down, we is a principal nourishment of them, will make an think good briefly to propound the four means attraction at a distance and not at touch only. which they have devised of makin<r plants medithe root, and Therefor, take a vessel, and in the middle of it cinahle. The first is, by slitting
served.
|
498.
It
<>f
make
!>c
a false bottom of a coarse canvass:
fill
it
infusing into
with earth above the canvass, and let not the earth r seeds in that wati-red ; then sow some i_ hut under the ranvass, some half a foot in earth the bottom of the vessel, lay a great sponge,
"
scammony,
again.
as hellebore, opium, treacle. &c., and then binding it up

it
;
the medicine
This seemeth to me the least probable ; because the root draweth immediately from th earth ; and so the nourishment is hemore common
70
and
less qualified up ere it
is to
:
NATURAL HISTORY.
and besides,
it is
CENT. VI.
This, in one
a long time
with an infusion of the medicine.

rrsprct,
in going
come
to the fruit.
The second
may have more
force than the rest, be
way perforate the body of the tree, and then* to infuse the medicine; which is somewhat bet
for if any virtue be received from the medicine, hath the less way, and the less time to go up. The third is, the steeping of the seed or kernel in
ter
:
cause the medication is oft renewed ; whereas the rest are applied but at one time; and therefore the
virtue
may
the sooner vanish.

is
it
that the root
somewhat
But still I doubt, too stubborn to receive

and besides, as
I
those fine impressions;
said
some liquor wherein the medicine is infused which I have little opinion of, because the seed, I doubt, will not draw the parts of the matter which have the propriety; but it will be far the more
:
I judge before, they have a great hill to go up. therefore the likeliest way to be the perforation of of the tree in several places one above the body
likely, if you mingle the medicine with dung; for that the seed naturally drawing the moisture of the dung, may call in withal some of the propri
the other; and the filling of the holes with dung mingled with the medicine ; and the watering of
those lumps of dung with squirts of an infusion of the medicine in dunged water, once in three or
four days.
ety.
The
fourth
is,
the watering of the plant oft
CENTURY
fruits
curiosities about
VI.
but there
holes
sun.
that
fruit.
and plants.
take care to be, as
is ordinary experience of fruit that groweth covered. Query, also, whether some small
OUR experiments we
often
said,
we have
or
either "experimenta
fructifera,"
may not be made in the wood And note, that it were best
partible,
to let in the
to
make
the
"iucifera;" either of use, or of discovery: for we Yet hate impostures, and despise curiosities.
moulds
glued
or
cemented
together
you may open them when you take out the

is
because
others,
we must apply ourselves somewhat to we will set down some curiosities touch
503. It
a curiosity to have inscriptions, or en
ing plants. 501. It is a curiosity to have several fruits upon one tree ; and the more, when some of them come early, and some come late, so that you may have
is
gravings, in fruit or trees. This is easily performed, by writing with a needle, or bodkin, or knife, or the like, when the fruit or trees are young; for
as they grow, so the letters will grow more large upon the same tree ripe fruits all summer. This and graphical, done by grafting of several cions upon easily Tenerisque meos incidcre atnores Arboribus! crescent illic,creacetis amores. several boughs of a stock, in a good ground plen 504. You may have troes apparelled with flow So you may have all kinds of cher tifully fed. ries, and all kinds of plums, and peaches, and ersor herbs, by boring holes in the bodies of them, but I conceive the diver and putting into them earth hoi pen with muck, apricots, upon one tree sity of fruits must be such as will graft upon the and setting seeds or slips of violets, strawberries, same stock. And, therefore, I doubt, whether wild thyme, camomile, and such like, in the earth. you can have apples, or pears, or oranges, upon Wherein they do but grow in the tree, as they do in pots though, perhaps, with some feeding from the same stock upon which you graft plums. 502. It is a curiosity to have fruits of divers the trees. It would be tried also with shoots of shapes and figures. This is easily performed, by vines, and roots of red roses for it may be they moulding them when the fruit is young, with being of a more ligneus nature, will incorporate moulds of earth or wood. So you may have cu with the tree itself.
;
:
505. It is an ordinary curiosity to form trees cumbers, &c., as long as a cane or as round as a You may have and shrubs, as rosemary, juniper, and the like, sphere ; or formed like a cross. You into sundry shapes; which is done by moulding also apples in the form of pears or lemons. may have also fruit in more accurate figures, as them within, and cutting them without. But we said of men, beasts, or birds, according as they are but lame things, being too small to keep you make the moulds. Wherein you must under figure ; great castles made of trees upon frames
stand, that you make the mould big enough to contain the whole fruit when it is grown to the
for else you will choke the spreading greatest of the fruit ; which otherwise would spread itself,
:
of timber, with turrets and arches, were anciently matters of magnificence.
506.
tion,
Amongst
it
though
be somewhat better;
curiosities I shall place colora for beauty in
flowers is their pre-eminence. It is observed by fill the concave, and so be turned into the shape desired ; as it is in mould works of liquid some, that gillyflowers, swoetwilliams, violets, Some doubt may be conceived, that the that are coloured, if they be neglected, and neither things. keeping of the sun from the fruit may hurt it: watered, nor new moulded, nor transplanted, will
and
CKXT. VI.
turn white.
N
And
it
ITURAL IIISTOKY.
tin-
71
-
is
with much culture

is
may
pp.bable, turn coloured.
tli;it
white
this
Fur
rot find, that they may have two n, tin.amongst a hundred that are rare and of ^reat price;
deners
certain, that the while colour

;
cmei!i of scarcity
of nourishment
v,
lute,
."ii>7.
except in (lowers that arc only and admit no other colours. It is good, there! .re. tOMfl what natures do
,
as purple, carnation of several stripes: the cause is. no doubt, that in earth, though it lie contiguous,
and
in one Led, there are very several juices; and as the seed doth casually meet with them, so it
accompany what colours;

have light
t
how
to
for by that you shall induce colours, by producing
cometh forth. And it is noted especially, that which dn come up purple, doalwayscome uj
th">e
tlmse natures,
ae
ii,
Whites
are
more inodorate,
for
part, than flowers of the same kind coloured; as is found in single white violets, white roses, white gillyflower*, white stock..M
single: the juice, as it seemeth, not being able to suffice a succulent colour, and a double leaf. This experiment of several colours coming up
\Ve find also that blossoms gillyflowers, &c. of trees, that are white, are commonly inodorate, as cherries, pears, plums; whereas those of
apples, crabs, almonds, and peaches, are blushy, and smell sweet. The cause is, for that the sub
from one seed, would be tried also in monks-hood, poppy, and holyoak.
511.
larks-toot,
Few
:
fruits are coloured red

is;
within: the
stance that maketh the flower
is
of the thinnest
and finest of the plant, which also maketh flowers to be of so dainty colours. And if it be too sparing and thin, itattaineth no strength of odour,
be in such plants as are very succulent; rather to be scanted in their nourishment than replenished, to have them
except
it
and another apple, called the mulberries, likewise, and grapes, rose-apple though most towards the skin. There is a peach also that hath a circle of red towards the stone: and the egriot cherry is somewhat red within; but no pear, nor warden, nor plum, nor apricot, although they have many times red sides, are
queen-apple
coloured red within. 512.
The cause may
be inquired.
is
whereby they need
The
is
which
general colour of plants a colour that no flower is of.
green,
is
There
sweet.
As we
of a dainty
And
again, if
see in white satyrion, which is smell ; and in bean-flowers, &c. the plant be of nature to put forth
a greenish primrose, but it is pale and scarce a green. The leaves of some trees turn a little
white flowers only, and those not thin or dry, they are commonly of rank and fulsome smell as may-flowers, and white lilies.
;
murry or reddish, and they be commonly young leaves that do so; as it is in oaks, and vines, and hazel. Leaves rot into a yellow, and some
have part of their leaves yellow, that are, seeming, as fresh and shining as the green. I suppose also, that yellow is a less succulent colour than green, and a degree nearer white. For it hath been noted, that those yellow leaves of holly stand ever towards the north or north
hollies
to all
508. Contrariwise, in berries, the white is com monly more delicate and sweet in taste than the
coloured, as we see in white grapes, in white rasps, in white strawberries, in white currants, Ate. The cause is, for that the coloured are more
juiced, and coarser juiced, and therefore not so well and equally concocted ; but the white are
belter proportioned to the digestion of tho plant. 500. But in fruits the white commonly is
east.
Some
some plants
roots are yellow, as carrots; and blood-red, stalk and leaf, and all, as
meaner: as
the choicest
in pear-plums,
plums are black
damascenes, &c., and the mulberry, which,
though they
call it a berry, is a fruit, is better the
amaranthus. Some herbs incline to purple and red ; as a kind of sage doth, and a kind of mint, and rosa solis, &c. And some h.ve white leaves, as another kind of sage, and another kind of mint ; but azure and a fair purple are never found in
leaves.
black than the white. The harvest white plum is a base plum; and the verdoccio, and white
This showeth, that flowers are made of
daie-plum are no very good plums. The cause is, for that they are all over-watery; whereas a higher concoction is required for sweetness, or
pleasure of taste; and therefore all your dainty plums are a little dry, and come from the stone; as the muscle-plum, ihe damascene-plum, the
a refined juice of the earth, and so are fruits; but leaves of a more coarse and common.
513.
into
It
is
double, which
new
earth
a curiosity also to make flowers is effected by often removing them as on the contrary part, double
:
flowers,
single.
to
peach, the apricot, &c., yet some fruits, which grow not to be black, are of the nature of berries,
sow
soon as
sweetest such as are paler
as the cceur-cherry,
ground
by neglecting and not removing, prove And the way to do it speedily, is or set seeds or slips of flowers; and as they come up, to remove them into new that is good. Inquire also, whether in
which
the red
inclineth
;
more
to white, is
is
sweeter than
but the egriot
more
sour.
510. Take gillyflower seed, of one kind of gillyflower, as of the clove-gillyflower, which is the most common, and sow it, and there will
oculating of flowers, as stockgillyflowers, roses, musk-roses, &e. doth not make them double. There is a cherry-tree that bath double blossoms;
but that tree heareth no fruit: and

the
it
may
be, that
same means which,
applied to the tree, doth
up gillyflowers some of one colour, and if another, c \sually, as the seed meeteth with nourishment in the earth so that the gar
com"
some
extremely accelerate the sap to rise and break forth, would make the tree spend its. If in (lowers, and those to become double: which were a great.
fUBR
NATURAL HISTORY.
pleasure to see, especially in apple-trees,
trees,
CENT. VI.
it
peachand almond-trees, that have blossoms blush-
though giveth a finer nourishment, yet a si-autcr than the earth at large.
it
giveth
Coloured.
514.
The making
of fruits without core
or
520. Seeds, if they be very old, and yet have strength enough to bring forth a plant, make the
stone, is likewise a curiesity, and
somewhat bet plant degenerate. And then fore skilful garden ter; because whatsoever maketh them so, is like ers make trial of the seeds before they buy tln-m, tn make them more tender and delicate. If a cion whether they lie good or no, by putting them into
will sprout within half
or shoot, fit to be set in the ground, have the pith finely taken forth, and not altogether, but some of it left, the better to save the life, it will boar a
fruit
water gently boiled; and if they be good, they an hour.

521.
It is
with
little
or
no core or stone.
like is said to be of dividing a

to the ground,
And the too much exposed quick tree down thyme; although
pith,
strange which is reported, that basil, to the sun doth turn into wild
those two herbs seem to have
and taking out the
and then
binding it up again. 515. It is reported also, that a citron grafted upon a quince will have small or no seeds : and it is very probable that any sour fruit grafted upon a stock that beareth a sweeter fruit, may both make the fruit sweeter, and more void of the harsh
matter of kernels or seeds.
reported, that not only the taking out of the pith, but the stopping of the juice of the pith from rising in the midst, and turning it to
small affinity ; but basil is almost the only hot herb that hath fat and succulent leaves, which
oiliness, if
it
it
be drawn forth by the sun,

a very great change.
is
it is
like
will
make
tradition, that boughs of oak put into the earth will put forth wild vines which, if it be true, no doubt it is not the oak that
:
522. There
an old
516.
It is
turneth into a vine, but the oak-bough putrefying, qualifieth the earth to put forth a vine of itself. 523. It is not impossible, and I have heard it
on the outside, will make the fruit without core or stone as if you should bore a tree clean through, and put a wedge in. It is true, there is some affinity between the pith and the kernel, be cause they are both of a harsh substance, and both
rise
:
upon cutting down of an old timber stub hath put out sometimes a tree of another kind ; as the beech hath put forth birch ;
verified, that
tree, the
which,
old
if it
is
;
be true, the cause
may
be, for that the
stub
tree
mer
too scant of juice to put forth the for and therefore putteth forth a tree of a
placed in the midst. 517. It is reported, that trees watered perpe tually with warm water, will make a fruit with And the rule is gene little or no core or stone.
ral,
smaller kind, that needeth less nourishment. 524. There is an opinion in the country, that if the same ground be oft sown with the grain
that
grew upon
it,
it
will in the end
grow
years
to
be
that whatsoever will

tree, will
make a wild
den
make a garden
tree a gar tree to have less core
of a baser kind. 525.

It is certain, that in
very
sterile
com
or stone.
sown
will
grow
8>pe
to another kind.
quihns matidavimtis hordea sulci
steriles
"Grandia
Experiments in consort touching the degenerating of plants, and of the transmutation of them into
one another.
5.18. The rule is certain, that plants for want of culture degenerate to be baser in the same kind ; far as to change into another
1. The standing long, and not being re moved, maketh them degenerate. 2. Drought,
Infeli.x Inliuin, et
dominantur
avense."
a rule, that plants that are brought forth by culture, as corn, will sooner into other species than those that come change
generally
it
And
is
of themselves
for that culture giveth but
an ad
and sometimes so
kind,
ventitious nature,
This work
easily put off. of the transmutation of plants one

"
which
is
more
into another, is
inter
magnalia naturae
is,
:"
for the
unless the earth of itself be moist, doth the like. 3. So doth removing into worse earth, or forbear
transmutation of species
in the vulgar philo
ing to compost the earth

rape,
as
we
see that water-
mint turneth into field-mint, and the colewort into by neglect, &c. 519. Whatsoever fruituseth tobesetupon aroot or a slip, if it be sown, will degenerate. see, that in living creatures, that come Grapes out. sown, figs, almonds, pomegranate kernels sown, of putrefaction, there is much transmutation of make t\\f fruits degenerate and become wild. one into another, as caterpillars turn into flies, And aga .n, most of those fruits that use to be &c. And it should seem probable, that whatso ever creature, having life, is generated without grafted, if they be set of kernels, or stones, dege It is true that peaches, as hath been seed, that creature will change out of one species nerate. natuiu touched before, do better upon stones set than into another. For it is the sec.!, -and the creature, upon grafiin<;; and the rule of exception should of it, which looketh and houndeth in
sophy, pronounced impossible, and certainly it is a thing of difficulty, and requireth deep search into nature; but seeing there appear some manifest instances of it, the opinion of impossibility is to be rejected, and the means thereof to be found
We
th<>
seem
ui ich
that whatsoever plant requireth moisture, prospereth better upon the stone For the stock, gr kernel than vipon the graft.
to be this
:
So as we may well that it doth not expatiate. conclude, that seeing the earth of itself doth put forth plants without seed, therefore plants may
CENT. VI.
well
NATI HAL IIISTOHY.

!
73
Where- lirrlis sun. earths do put forth of themselves, and li:ivr a transmigration of species. (c, wanting instances which do occur, we shall to Hike thai e.irtli ;ind to pot it, or vessel it: and and gen- n that to set the seed yon would change as, for directions of the most likely trials; would not have, those that read this xainple, take from under walls or the like, when; erally work of SylvaSylvaruin" account it strange. IT icttles put forth ill aluindance. the earth, which think that it is an over-haste, that we have set you shall then- find, without any .string or root of down particulars untried: for contrariwise, in our the nettles: and pot that earth, and set in itstockown estimation, we account such particulars more rillyftowers, or wallflowers, &c., or sow in the worthy than those that are already tried and seeds of them, and see what the event will be; or Known; for these latter must be taken as you take earth that you have prepared to put forth hut the other do level point-blank at nushrooms of itself, whereof you shall find some find them it instances following, and sow the inventing of causes and axioms. purslane seed, .vjo. First, therefore, you must make account, or lettuce seed for in thes experiments, it is that if you will have one plant change into another, likely enough that the earth being accustomed to you must have the nourishment over-rule the send forth one kind of nourishment, will alter the new seed. seed and therefore you are to practise it by nou
:
<_nvt
w<;
"
rishment ,H contrary as
may
be to the nature of
530.
The
fifth
the herb, so nevertheless as the herb
may grow, grow
contrary to
rule shall be, to make the herb its nature; as to make ground-
and likewise with seeds that are of the weakest herbs rise in height: as, for example, carry camo You shall do well, mile, or wild thyme, or the green strawberry upon sort, and have least vigour. therefore, to take marsh-herbs, and plant them on sticks, as you do hops upon poles, and see what lops of hills and champaigns; and such plants as the event will be. 531. The sixth rule shall be, to make plants equire much moisture upon sandy and very dry As for example, marsh-mallows and grow out of the sun or open air; for that is a grounds. sedge, upon hills; cucumber, and lettuce seeds, great mutation in nature, and may induce a change and coleworts, upon a sandy plot; so contrari in the seed ; as barrel up earth and sow some seed wise, plant bushes, heathling, and brakes, upon in it, and put it in the bottom of a pond, or put it a wet or marsh ground. This, I conceive also, in some great hollow tree try also the sowing of that all esculent and garden herbs, set upon the seeds in the bottoms of caves; and pots with
:
tops of hills, will prove more medicinal, though seeds sown, hanged up in wells some distance less esculent than they were before. And it may from the water, and see what the event will be. be likewise, some wild herbs you may make salad herbs. This is the first rule for transmutation of Experiments in consort touching the procevity, and
plants.
lowness,
and
artificial
dwarfing of
trees.
532. It is certain, that timber trees in coppice bury some few seeds of the herbs you would change, amongst woods grow more upright and more free from other seeds; and then you shall see whether the under-boughs, than those that stand in the fields : juice of those other seeds do not so qualify the the cause whereof is, for that plants have a earth, as it will alter the seed whereupon you natural motion to get to the sun ; and besides, work. As for example, put parsley seed amongs they are not glutted with too much nourishment ; onion seed, or lettuce seed amongst parsley seed, for that the coppice shareth with them, and re or basil seed amongst thyme seed; and seethe pletion ever hindereth stature: lastly they are change of taste or otherwise. But you shall do kept warm, and that ever in plants helpeth mount well to put the seed you would change into a little ing. linen cloth, that it mingle not with the foreign 533. Trees that are of themselves full of heat, seed. which heat appeareth by their inflammable gums, 528. The third rule shall be, the making of as firs, and pines, mount of themselves in height some medley or mixture of earth with some other without side-boughs, till they come towards the plants bruised or shaven either in leaf or root; as top. The cause is partly heat, and partly tenuity for example, make earth with a mixture of cole- of As juice, both which send the sap upwards. wort leaves stamped, and set in it artichokes or for juniper, it is but a shrub, and groweth not big
527.
rule shall be, to
The second
parsnips; so take earth made with marjoram, or origanum, or wild thyme, bruised or stamped, and
it fennel seed, &c. In which operation the process of nature still will be, as 1 conceive, not that the herb you work upon should draw the juice of the foreign herb, for that opinion we have
enough
in
body
is
to
maintain a
tall tree.
534. It
reported that a good strong canvass,-
set in
spread over a tree grafted low, soon after it putteth forth, will dwarf it and make it spread. The cause
is plain; for that all things that grow, will grow as they find room. 535. Trees are generally set of roots or kernels
:
formerly rejected, but there will be a new con fection of mould, which perhaps will alter the
you set them of slips, ns of ome trees you seed, and yet not to the kind of the former herb. may, by name the mulberry, some of the slips will 5-J!. The fourth rule shall be, to mark what take; and those that take, as is reported, will be
but
if
VOL.
II.
10
74
dwarf
NATURAL HISTORY.
CENT VI
trees. The cause is, for that a slip draweth 5 13. The moister sort of trees yield but little nourishment more weakly than either a root or moss, as we see in asps, poplars, willows, beeches, kernel. &c., which is partly caused for the reason that 536. All plants that put forth their sap hastily hath been given, of the frank putting up of the sap have their bodies not proportionable to their into the boughs ; and partly for that the barks of and therefore they are winders and creep those trees are more close and smooth than those length, ers; as ivy, briony, hops, woodbine; whereas of oaks and ashes ; whereby the moss can the dwarfing requireth a slow putting forth, and less hardlier issue out.
vigour of mounting.
544. In clay-grounds all fruit-trees grow full of moss both upon body and boughs, which is
Experiments in consort touching the rudiments of plants, and of the excrescences of plants, or superplants.
caused partly by the coldness of the ground, whereby the plants nourish less, and partly by the
Scripture saith, that Solomon wrote a Na tural History, from the cedar of Libanus, to the
The
roughness of the earth, whereby the sap is shut in, and cannot get up to spread so frankly as it should
do.
"
moss growing upon

translations have
it.
the
wall;"
for so
the best
545.
We
have said heretofore, that
if trees
be
And
it is
true that
it
moss
is
but the rudiment of a plant ; and, as
were, the
mould of earth
or bark.
less fruitful, and gather moss ; and that they are holpen by hacking, &c. And therefore by the reason of contraries, if trees
hide-bound, they
wax
537. Moss groweth chiefly upon ridges of be bound in with cords, or some outward bands, houses tiled or thatched, and upon the crests of they will put forth more moss ; which, I think, walls ; and that moss is of a lightsome and pleasant happeneth to trees that stand bleak, and upon the The growing upon slopes is caused, for cold winds. It would also be tried, whether, if green. that moss, as on the one side itcometh of moisture you cover a tree somewhat thick upon the top and water, so on the other side the water must but after his polling it will not gather more moss. And the growing I think also the watering of trees with cold foun slide, and not stand or pool. upon tiles, or walls, &c., is caused for that those tain-water will make them grow full of moss. 546. There is a moss the perfumers have, which dried earths, having not moisture sufficient to put forth a plant, do practise germination by putting cometh out of apple trees, that hath an excellent
forth moss ; though when, by age, or otherwise, scent. Query, particularly for the manner of the they grow to relent and resolve, they sometimes put growth, and the nature of it. And for this expe forth plants, as wall-flowers. And almost all moss riment s sake, being a thing of price, I have set
hath here and there
little
stalks, besides the
thrum.
538.
lie
low down the last experiments how call on mosses.
to multiply
and
Next unto moss, I will speak of mushrooms ; and upon the north; as in divers which are likewise an imperfect plant. The and again, if they be much trodden mushrooms have two strange properties ; the one, terraces that they yield so delicious a meat; the other, or if they were at the first gravelled ; for where soever plants are kept down, the earth putteth forth that they come up so hastily, as in a night; and moss. yet they are unsown. And therefore such as are 539. Old ground, that hath been long unbroken upstarts in state they call in reproach mushrooms. up, gathereth moss ; and therefore husbandmen It must needs be, therefore, that they be made of use to cure their pasture grounds when they grow much moisture ; and that moisture fat, gross, and to moss, by tilling them for a year or two which yet somewhat concocted. And, indeed, we find also dependeth upon the same cause ; for that the that mushrooms cause the accident which we call incubus" or the mare in the stomach. And (heremore sparing and starving juice of the earth, in fore the surfeit of them may suffocate and empoison. sufficient for plants, doth breed moss. 540. Old trees are more mossy far than young; And this showeth that they are windy and that for that the sap is not so frank as to rise all to the windiness is gross and swelling, not sharp or grip boughs, but tireth by the way, and putteth out moss. ing. And upon the same reason mushrooms are a 541. Fountains have moss growing upon the venerous meat. 547. It is reported, that the bark of white or ground about them Muscosi fcwten." red poplar, which are of the moistest of trees, cut The cause is, for that the fountains drain the small, and cast into furrows well dunged, will water from the ground adjacent, and leave but cause the ground to put forth mushrooms at all sufficient moisture to breed moss and besides, seasons of the year fit to be eaten. Some add to the mixture leaven of bread dissolved in water. the coldness of the water conduceth to the same. 548. It is reported, that if a hilly field, where 542. The moss of trees is a kind of hair ; for it is the juice of the tree that is excerned, and doth the stubble is standing, be set on fire in the
Moss groweth upon alleys, especially such

: ;
as
cold
"
"
not.
assimilate.
And upon
great trees the
gathereth a figure like a
leaf.
moss showery season, mushrooms.
it
will put forth great store ot
(Vsr. VI.
.Mi.
It is
NATURAL HISTORY.
rr|mrtril,
75
tli.it hartshorn, shaven, or feedeth upon a seed, which many times she cannot mixed with dung and watered, digest, and so expelleth it whole with her excre ment: which falling upon a bough of a tree that juitteth up mushrooms. And we KIIHW that harts and it hath some rift, putteth forth the misseltoe. But horn is of a fat and clammy substance this is a fable, for it is not probable that birds may be ox-horn would do the like. But 550. It hath been reported, though it be scarce should feed upon that they cannot digest.
in small
pieces,
allow that, yet it cannot be for other reasons for credible, that ivy hath grown out of a stag s horn which they suppose did rather come from a confri- first, it is found but upon certain trees and those cation of the horn upon the ivy, than from the trees bear no such fruit, as may allure that bird Tii itself. There is not known any substance to sit and feed upon them. It may be, that bird
; ; ; li
<fvi-.,
hut earth, and procedures of earth, as tile, stone, tint virMi tli any moss or herby substance.
feedeth upon the misseltoe-berries, and so is often found there ; which may have given occasion to
the tale.
may be trial made of some seeds, as that of fennel-seed, mustard -seeds, and rape-seeds, put into some little holes made in the horns of stags,
Tin-re
or oxen, to see if they will grow. 551. There is also another imperfect plant, that and it is in show is like a great mushroom
:
But that which maketh an end of the

is,
that misseltoe hath been found to put under the boughs, and not only above the so it cannot be any thing that falleth boughs;
question
forth
upon the bough.
Misseltoe groweth chiefly upon

:
sometimes upon hazles, which they call and rarely upon oaks the misseltoe whereof is It is ever green winter a toad s stool but it is not esculent and it grow- counted very medicinal. and summer, and beareth a white glistering eth, commonly, by a dead stub of a tree, and like wise about the roots of rotten trees and there berry and it is a plant utterly differing from the Two things there fore seemeth to take his juice from wood putrefi plant upon which it groweth.
crab-trees, apple-trees,
sometimes as broad as one

;
s hat;
ed.
Which showeth, by
is
the
way,
that
wood pu
fore
trefied yieldeth
a frank moisture.
may be certainly set down first, that superfetation must be by abundance of sap in the
: :
bough that putteth it forth secondly, that that sap must be such as the tree doth excern, and cannot assimilate; for else it would go into a pithy ; whereby it should seem, that even dead bough, and besides, it seemeth to be more fat and no more than unctuous than the ordinary sap of the tree both trees forget not their putting forth the carcasses of men s bodies, that put forth hair by the berry, which is clammy and by that it continueth green winter and summer, which the and nails for a time. 553. There is a cod, or bag, that groweth com tree doth not. in the fields that at the first is hard like 557. This experiment of misseltoe may give monly a tennis-ball, and white and after groweth of a light to other practices. Therefore trial would
a cake that groweth upon the
side of a dead tree, that hath gotten no name, but it is large, and of a chestnut colour, and hard and
:
552. There
upon the be made by ripping of the bough of a crab-tree in thought to be dangerous for the the bark, and watering of the wound every day eyes if the powder get into them, and to be good with warm water dunged, to see if it would bring But it for kibes. Belike it hath a corrosive and fretting forth misseltoe, or any such like thing. nature. were yet more likely to try it with some other
mushroom
colour, and full of light dust

is
breaking, and
554. There is an herb called Jew s ear, that watering or anointing, that were not so natural to groweth upon the roots and lower parts of the the tree as water is ; as oil, or barm of drink, &c., bodies of trees ; especially of elders, and some so they be such things as kill not the bough. times ashes. It hath a strange property ; for in warm 558. It were good to try, what plants would water it swelleth, and openeth extremely. It is put forth, if they be forbidden to put forth their not green, but of dusky brown colour. And it natural boughs; poll therefore a tree, and cover it is used for squinancies and inflammations- in the some thickness with clay on the top, and see what I suppose it will put forth roots ; throat whereby it seemeth to have a mollifying itwill putforth. and lenifying virtue. for so will a cion, being turned down into the 555. There is a kind of spungy excrescence, clay : therefore, in this experiment also, the tree which groweth chiefly upon the roots of the la would be closed with somewhat that is not so na ser-tree ; and sometimes upon cedar and other tural to the plant as clay is. Try it with leather, trees. It is very white, and light, and friable; or cloth, or painting, so it be not hurtful to the which we call agaric. It is famous in physic for tree. And it is certain, that a brake hath been
;
the purging of tough
phlegm.
And
it is
also an
known
559.
to
grow out of a
pollard.
excellent opener for the liver; hut offensive to the stomach and in taste, it is at the first sweet, and
:
after hitter.
556.
We find
no super-plant that
is
a formed
count the prickles of trees to be a kind of excrescence; for they will never be that have boughs, nor bear leaves. The plants are thorns, black and white ; brier, rose,
prickles lemon-trees,
crab-trees, in the
A man may
They have an idle tradi plant, but misseltoe. tion, that there is a bird called a misselbird, that
these have
it
bough
gooseberry, berberry the plants that hav

:
70
NATURAL HISTORY.
can
;
CENT. VI.
is
prickles in the leaf are, holly, juniper, whin-bush, thistle ; nettles also have a small venomous
prickle, so hath borage, but harmless.
but after that the earth

is
somewhat loosened
cometh up.
at the top, the ordinary grass
The cause
566. It
reported, that earth being taken out
forth, want of moisture, and tne closeness of the bark, for the haste of the spi rit to put forth, and the want of nourishment to
must he hasty putting
of shady and watery stance

royal,
woods some depth, and pot
ted, will put forth herbs of

;
a fat and juicy sub as penny wort, purslane, houseleek, penny

also doth
put forth a bough, and the closeness of the bark, cause prickles in boughs, and therefore they are ever like a pyramis, for that the moisture spendeth after a little putting forth. And for prickles in
leaves, they come also of putting forth more juice into the leaf than can spread in the leaf smooth, and therefore the leaves otherwise are rough, as
&c.
567.
The water
send forth plants
that have no roots fixed in the bottom, but they are less perfect plants, being almost but leaves,
and those small ones ; such is that we call duck weed, which hath a leaf no bigger than a thyme leaf, but of a fresher green, and putteth forth a borage and nettles are. As for the leaves of holly, little string into the water far from the bottom. they are smooth but never plain, but as it were As for the water-lily, it hath a root in the ground ; \vith folds, for the same cause. and so have a number of other herbs that grow in 560. There be also plants, that though they ponds. have no prickles, yet they have a kind of downy 568. It is reported by some of the ancients, and
upon their leaves; as rose-campion, stockgillyflowers, colt s-foot which down or nap cometh of a subtile spirit, in a soft or fat sub stance. For it is certain, that both stockgillyflowers and rose-campions, stamped, have been
;
or velvet rind
some modern testimony likewise, that there be some plants that grow upon the top of the sea, be ing supposed to grow of some concretion of slime from the water, where the sun beateth hot, and where the sea stirreth little. As for alga marina,
sea weed, and eryngium, sea thistle, both have roots; but the sea weed under the water, the sea thistle but upon the shore.
569.
have had
applied with success to the wrists of those that tertian or quartan agues ; and the va
pour of colt s-foot hath a sanative virtue towards the lungs, and the leaf also is healing in surgery. 561. Another kind of excrescence is an exuda
tion of plants joined with putrefaction; as we see in oak-apples, which are found chiefly upon the leaves of oaks, and the like upon willows and
:
The
ancients have noted, that there are
that grow out of snow laid up close together and putrefied, and that they are all bitter, and they name one specially, flomus," which we
"
some herbs
country people have a kind of prediction, that if the oak-apple broken be full of worms, it is a sign of a pestilent year, which is a likely thing, be
moth-mullein. It is certain, that worms are found in snow commonly, like earth-worms ; and
call
therefore
it is
not unlike, that
it
may
likewise put
forth plants.
cause they grow of corruption. 570. The ancients have affirmed, that there are 562. There is also upon sweet, or other brier, a some herbs that grow out of stone, which may be, fine tuft or brush of moss of divers colours; which for that it is certain that toads have been found if you cut you shall ever find full of little white in the middle of a free-stone. see also that
We
worms.
563. It
is
lying above ground, gather moss; and wall flowers, and some other flowers, grow upon walls;
flints,
the
producing of
perfect plants without seed.

certain, that earth taken out of the
but whether upon the main brick or stone, or whe ther out of the lime or chinks, is not well observ ed : for elders and ashes have been seen to grow
out of steeples
clefts
;
foundations of vaults and houses, and bottoms of wells, and then put into pots, will put forth sun
but they manifestly grow out of insomuch as when they grow big they will
;
dry kinds of herbs: but some time is required for disjoin the stone. And besides, it is doubtful the germination: for if it be taken but from a fa whether the mortar itself putteth it forth, or whe thom deep, it will put forth the first year; if much ther some seeds be not let fall by birds. There be likewise rock-herbs, but I suppose those are deeper, not till after a year or two.
564. The nature of the plants growing out of earth so taken up, doth follow the nature of the mould itself; as, if the mould be soft and fine, it
where there is some mould or earth. It hath likewise been found, that great trees growing upon quarries have put down their root into the stone. forth soft herbs, as grass, plantain, and the 571. In some mines in Germany, as is reported, putteth like if the earth be harder and coarser, it putteth there grow in the bottom vegetables, and the workforth herbs more rough, as thistles, firs, &c. folks use to say they have magical virtue, and will 565. It is common experience, that where alleys not surfer men to gather them. are close gravelled, the earth putteth forth the first 572. The sea sands seldom bear plants. The Whereof the cause is yielded by some of the an year knot grass, and after spire grass.
;
rause
is,
for that the hard gravel or
fust laying will not suffer the grass to come forth upright, but turneth it to find his way where it
pebble at the cients, for that the sun exhaleth the moisture be fore it can incorporate with the earth, and yield a
nourishment
for the plant.
And it
is
afRnned also
vr.
NATURAL HISTORY.
much
77
sand hath always its root in clay; and that ther. -he veins sand any great depth within
tli
it
ii"
<>f
And there moisture, either watery or oily. fore crocus vernus also being an herb that hath an
oily juice, putteth forth early; for those also find the sun sooner than the drier trees. The grains
are, first, rye
tin
earth.
It is certain,
plants put forth for a time of thrir own store, without any nourishin nt from .-arth, water, stone, &c., of which
1
573.
that
some
vidi>
tin
experiment 29.
and wheat, then oats and barley, then peas and beans. For though green peas and beans be eaten sooner, yet the dry ones that an; used for horse meat, are ripe last; and it seemeth
Experiments in consort touching foreign plants.

.
71.
Ii
is
out of
tin-
reported, that earth that was brought Indies and other remote countries for
The earliest that the fatter grain cometh first. fruits are strawberries, cherries, gooseberries, cur
apricots, rasps
ballast of ships, cast upon some grounds in Italy, did put forth foreign herbs, to us in Europe not
them early apples, early pears, and after them damascenes, and most kind of plums, peaches, &c., and the latest
rants;
and
after
;
known;
oots, barks,
and, that which is more, that of their and seeds, contused together, and
other earth, and well watered with came forth herbs much like the
are
apples,
wardens, grapes, nuts, quinces,
al
monds,
sloes, brier-berries, hips, medlars, services,

is to
miiiirlrd with
cornelians, &c.
warm
other.
water, there
endeavour usually do
575. Plants brought out of hot countries will to put forth at the same time that they in their own climate ; and therefore to
be noted, that, commonly, trees blossom soonest; as peaches, cor nelians, sloes, almonds, &c. ; and it secmeth to be a work of providence that they blossom so soon ; for otherwise they could not have the sun long
578. It
that ripen latest
preserve them, there
is no more required, than to keep them from the injury of putting back by cold.
enough
to ripen.
It is reported also, that grain out of the hotter countries translated into the colder, will be more
579. There be fruits, but rarely, that come twice And it a year; as some pears, strawberries, &c. seemeth they are such as abound with nourish
forward than the ordinary grain of the cold coun It is likely that this will prove better in try. grains than in trees, for that grains are but annual, and so the virtue of the seed is not worn out;
whereas which it
576.
in a tree
is
it is
embased by the ground

which grow
in the
to
ment; whereby after one period, before the sun waxeth too weak, they can endure another. The violet also, amongst flowers, cometh twice a year, and that also is a especially the double white Roses come twice, but it plant full of moisture.
;
removed.
plants
hotter
Many
countries, being set in the colder, will neverthe less, even in those cold countries, being sown of
not without cutting, as hath been formerly said. 580. In Muscovy, though the corn come not up till late spring, yet their harvest is as early as The cause is, for that the strength of the ours.
is
ground is kept in with the snow; and we see with us, that if it be a long winter, it is com monly a more plentiful year; and after those kind of winters likewise, the flowers and corn, mingled with other herbs. And I doubt not, but which are earlier and later, do come commonly the seeds of clove-trees, and pepper seeds, &c., if at once, and at the same time, which trouseeds late in the spring, come up and abide most part of the summer; as we find it in orange and lemon seeds, &c., the seeds whereof sown in the end of April will bring forth excellent salads,
they could come hither green enough to be sown,
would do the
like.
bleth the husbandman many times; for you shall have red roses and damask roses come together ; and likewise the harvest of wheat and barley-
cometh some flowers, blossoms, grains, sooner. and fruits, which come more early, and others 581. There be divers fruit trees in the hotcounwhich come more late in the year. The flowers tries, which have blossoms, and young fruit, and that come early with us are primroses, violets, ripe fruit, almost all the year succeeding one an
eth for the later, and not that the later
Experiments in consort touching the seasons in which plants come forth.

577. There be
But
this
happeneth ever,
for that the earlier stay-
anemonies, water-daffodillies, crocus vernus, and

;
other. And it is said the orange hath the like with some early tulips. And they are all cold plants us for a great part of summer, and so also hath the which therefore, as it should seem, have a quicker fig. And no doubt the natural motion of plants is perception of the heat of the sun increasing than the to have so; but that either they want juice to
hot herbs have; as a cold hand will sooner find a little warmth than a hot. And those that come
spend, or they meet with the cold of the winter; and therefore this circle of ripening cannot be but
in snci-ulont plants
next after are wallflowers, cowslips, hyacinths, rosemary flowers, &c., and afterthem pinks, rosr*.
flower-de-luces, &c., and the latest are
gill
582.
Some
and hot countries. herbs are but annual, and die. roj
:
yll
i-.vers.
and
and
as
all,
once a year
as bora-re, lettuce,
cucum
years,
hnlyoaks, larksfoot, &c. The earliest blossoms are the blossoms of peaches, almonds, cornelians,
,
bers,
musk-melons,
basil, tobacco, mustard-seed,
all
kinds of corn: some continue
many
and they are of such trees as have
hyssop,
germander,
lavender,
fennel,
&c
o2
78
NATURAL HISTORY.
CENT. VI.
of the dying is double; the first is the ever maketh the herb come later than at its time, tenderness and weakness of the seed, which mak- will make it last longer time: it were good to try as it is in borage, it in a stalk of wheat, &c. set in the shade, and eth the period in a small time lettuce, cucumbers, corn, &c., and therefore none encompassed with a case of wood, not touching
The cause
of these are hot.

co, mustard-seed.
The
other cause these have
is,
for that
some herbs can worse endure cold; as basil, tobac
And
all
much
heat.
the straw, to keep out open air. As for the preservation of fruits and plants, as well upon the tree or stalk, as gathered, we sh.tll
handle
it
under the
title
of conservation of bodies.
the several figures
the lasting of herbs
and
583.
trees.

of plants. 588.
lasting of plants is most in those that are largest of body ; as oaks, elm, chestnut, the loat-tree, &c., and this holdeth in trees; but in
The
The
particular figures of plants

;
we
leave
to their descriptions
but
some few things
Trees and for borage, colewort, neral we will observe. it is often contrary pompions, which are herbs of the largest size, are growing forth of their boughs and branches, are no order. The cause is, for of small durance ; whereas hyssop, winter-savoury, not figured, and keep germander, thyme, sage, will last long. The that the sap being restrained in the rind and bark,
herbs
:
in ge herbs, in the
cause
is,
for
that
trees
last according to the
breaketh not forth at
all,
as in the bodies of trees,
strength and quantity of their sap and juice, being and stalks of herbs, till they begin to branch ; and well munited by their bark against the injuries of then when they make an eruption, they break the air; but herbs draw a weak juice and have a forth casually, where they find best way in the
soft stalk, last longest are herbs of strong smell, sticky stalk.
and therefore those amongst them which bark or rind. It is true, that some trees are more and with a scattered in their boughs ; as sal low-trees, wardentrees, quince-trees, medlar-trees, lemon-trees, &c.:
584. Trees that bear mast, and nuts, are com monly more lasting than those that bear fruits,
some are more in the form of a pyramis, and come almost to todd ; as the pear-tree, which the critics especially the moister fruits; as oaks, beeches, will have to borrow his name of nvp fire, orangechestnuts, walnuts, almonds, pine trees, &c. last trees, fir-trees, service-trees, lime-trees, &c.: and longer than apples, pears, plums, &c. The cause some are more spread and broad ; as beeches, horn is, the fatness and oiliness of the sap, which ever beam, &c., the rest are more indifferent. The cause
wasteth less than the more watery. of scattering the boughs, is the hasty breaking forth 585. Trees that bring forth their leaves late in of the sap ; and therefore those trees rise not in the year, and cast them likewise late, are more a body of any height, but branch near the ground. lasting than those that sprout their leaves early, The cause of the pyramis is the keeping in of the or shed them betimes. The cause is, for that the sap long before it branch; and the spending of it, late coming forth showeth a moisture more fixed, when it beginneth to branch, by equal degrees. and the other loose and more easily resolved. And The spreading is caused by the carrying up of the same cause is, that wild trees last longer than the sap plentifully without expense; and then
fruit is acid
garden trees; and in the same kind, those whose more than those whose fruit is sweet.
586. Nothing procureth the lasting of trees, bushes, and herbs, so much as often cutting, for every cutting causeth a renovation of the juice of
the plant ; that it neither goeth so far, nor riseth so faintly, as when the plant is not cut; inso much as annual plants, if you cut them season ably, and will spare the use of them, and suf
fer
putting it forth speedily and at once. 589. There be divers herbs, but no trees, that may be said to have some kind of order in the
putting forth their leaves ; for they have joints or knuckles, as it were stops in their germination ; as have gillyflowers, pinks, fennel, corn, reeds,
them
to
come up
still
young, will
last
more
The cause whereof is, for that the sap ascendeth unequally, and doth, as it were, And it seemeth they tire and stop by the way. have some closeness and hardness in their stalk,
and canes.
years than one, as hath been partly touched ; such as is lettuce, purslane, cucumber, and the like.
And
for
trees in
which hindereth the sap from going up, until it hath gathered into a knot, and so is more urged And therefore they are most of great trees, we see almost all overgrown to put forth. churchyards, or near ancient buildings, them hollow when the stalk is dry, as fennel-stalk,
or dottards,
and the
587.
like, are pollards, trees at their full height.
art to
all exquisite figures ; and be made, how by the flower numbers are chiefly five, and four ; as more lasting than their ordi in primroses, brier-roses, single musk roses, single plants nary period as to make a stalk of wheat, &c. last pinks, and gillyflowers, &c., which have five a whole year. You must ever presuppose, that leaves: lilies, flower-de-luces, borage, bugloss, you handle it so as the winter killeth it not, for &c., which have four leaves. But some put forth we speak only of prolonging the natural period, leaves not numbered but they are ever small
and not stubble, and canes. 590. Flowers have
Some experiment would

;
make
I conceive that the rule will hold, that whatso-
ones; as marygolds,
trefoils,
&c.
We
see also,
CENT. VI.
.hut
NATURAL HISTORY.
am
tin;
7J
the
sockets
;is
liinirrd;
in
supporters of flowers are five brethren of the rose,
Divers herbs also bear &c., bear no flowers. which is as the fruit, and yet bear no -ils.
>
of gillyflowers, &c. Leaves also are all figured; some round; some long; none square ; mil many jagged on the sides: which leaves of tlnwrrs seldom are. For I account the jairirinir
sui-kets
flowers, as purslane, &c. Those that bear flowers and no fruit are few, as the double cherry, the
of pinks and gillytlowcrs to be like the inequality of oak leaves, or vine leaves, or the like but they seldom or never have any small purls.
:
But for the cherry, it is doubtful sallow, &c. whether it be not by art or culture ; for if it be art, then trial would be made, whether apple by and other fruit blossoms may not be doubled. There are some few that bear neither fruit nor
up wards and can support themselves, as the great
est part of trees and plants ; there be some other that creep along the ground, or wind about other
trees or props, and cannot support themselves, as vines, ivy, brier, briony, woodbines, hops, The cause is, as hath climatis, camomile, &c.
Experiments in consort touching some principal dif

ferences in plants.
flower, as the elm, poplars, box, brakes, &c 594. There be some plants, that shoot still
591.
Of
soms before
plants, their leaves; as almonds, peaches,
some few put
forth their blos
cornelians, black thorn, &c. ; but most put forth some leaves before their blossoms ; as apples,
cause
The pears, plums, cherries, white thorn, &c. is, for that those that put forth their blos
soms
first,
been partly touched,
for that all plants naturally

if
have either an acute and sharp spirit, and therefore commonly they all put forth early in the ispring, and ripen very late; as most of the particulars before mentioned, or else an oily
juice, put out flowers than leaves. 592. Of plants, some are green all winter ; others cast their leaves. There are green all
is
move upwards; but

maketh a slender
the weight
;
stalk,
the sap put up too fast, it which will not support

latter sort are all
and therefore these
swift and hasty comers.
which
apter to
winter, holly, ivy, box,
fir, yew, cypress, juniper, bays, rosemary, &c. The cause of the holding green, is the close and compact substance of their And the cause leaves, and the pedicles of them.
Experiments in consort touching all manner of com posts, and htlps of ground. 595. The first and most ordinary help is stercoration.
The sheep s dung is one of the best; and next the dung of kine: and thirdly, that of horses, which is held to be somewhat too hot of that again is, either the tough and viscous juice unless it be mingled. That of pigeons for a gar of the plant, or the strength and heat thereof. den, as a small quantity of ground, excelleth. Of the first sort is holly, which is of so viscous a The ordering of dung is, if the ground be arable,
juice
as
they
make
birdlime of the bark of
it.
to spread
The
stalk of ivy is tough, and not fragile, as we see in other small twigs dry. Fir, yieldeth pitch. Box is a fast heavy wood, as we see it in bowls.
and sowing
Yew
wood
is
bows.
a strong and tough wood, as we see it in Of the second sort is juniper, which is a
spread it of the fatness of the dung: if the ground be graz ing ground, to spread it somewhat late towards
winter, that the sun
immediately before the ploughing and so to plough it in for if you long before, the sun will draw out much
it
;
:
may have
the less
power
to
odorate, and
maketh a hot
fire.
;
Bays
and so
is
likewise a hot and aromatical
wood
is
rosemary
for a shrub.
As
for the leaves, their
dry it up. As for special composts for gardens, as a hot bed, &c. we have handled them before. 596. The second kind of compost is, the
density appeareth, in that either they are smooth and shining, as in bays, holly, ivy, box, &c., or in
that they are hard and spiry, as in the rest.
trial
And
spreading of divers kinds of earths ; as marie, chalk, sea sand, earth upon earth, pond earth ; and the mixtures of them. Marie is thought to be
;
would be made of grafting of rosemary, and the best, as having most fatness and not heating bays, and box, upon a holly-stock, because they the ground too much. The next is sea sand, are plants that come all winter. It were good to which no doubt obtaineth a special virtue by thf Chalk try it also with grafts of other trees, either fruit salt; for salt is the first rudiment of life. and therefore trees, or wild trees, to see whether they will not over-heateth the ground a little yield their fruit, or bear their leaves later and best upon cold clay grounds, or moist grounds; longer in the winter because the sap of the but I heard a great husband say, that it was a It holly putteth forth most in the winter. may common error, to think that chalk helpeth arable be also a mezerion-tree, grafted upon a holly, will ground, but helpeth not grazing grounds; where but as, indeed, it helpeth grass as well as corn prove both an earlier and a greater tree. 593. There be some plants that bear no flower that which breedeth the error is, because after and yet bear fruit; there he some that hear flowers the chalking of the ground they wear it out with and no fruit; there be some that bear neither many crops without rest, and then indeed after flowers nor fruit. Most of the great timber trees, wards it will bear little grass, because the ground as oaks, beeches, &c. bear no apparent flowers; s tired out. It were good to try the laying of some few likewise of the fruit trees, as mulberry, chalk upon arable grounds a little while before walnut, &c., and some shrubs, as juniper, holly, ploughing; and to plough it in as they do the
; i ;
:
NATURAL HISTORY.
dung; hut then
lying.
it
CENT. Vi.
fifth
is, heat ana warmth. It hath been anciently practised to burn knew a great garden that had a field, in a manner, heath, and ling, and sedge, with the vantage of the poured upon it, and it did bear fruit excellently wind, upon the ground. We see that warmth tin- first year of the planting: for the surface of of walls and inclosures mendeth ground: we see And earth so also, that lying open to the south mendeth ground: the earth is ever the fruitfulest.
must be
it
friable first
by
r,iin
cr
I
599.
The
help of ground
As
for earth,
composeth
itself;
for
;,
prepared hath a double surface. But it is true, as I conceive, that such earth as hath saltpetre bred in it, if you can procure it without too much
charge, doth excel. The way to hasten the breed ing of saltpetre, is to forbid the sun, and the growth of vegetables. And therefore if you make
we
ground, as well
see again, that the foldings of sheep help by their warmth as by their
compost:
;
and
it
may
be doubted whether the
covering of the ground with brakes in the begin ning of the winter, whereof we spake in the last experiment, helpeth it not, by reason of the
some quantity of nay, if you do but plank the ground over, it will breed As for pond earth, or saltpetre. river earth, it is a very good compost; especially if the pond have been long uncleansed, and so the water be not too hungry and I judge it will
a
large hovel, thatched, over
;
warmth.
pect, that
Nay, some very good husbands do sus
ground
the gathering up of flints in flinty ground, and laying them on heaps, which is much used, is no good husbandry, for that they would keep the ground warm. 600. The sixth help of grounds is by watering
irrigation, which is in two manners ; the one letting in and shutting out waters at season able times : for water, at some seasons, and with
DC yet better if there be some mixture of chalk. 597. The third help of ground is, by some
and
by
make ground though they be not merely earth where in ashes excel ; insomuch as the countries about vEtna and Vesuvius have a kind of amends made them, for the mischief the irruptions many times do, by the exceeding fruitful ness of the soil, caus ed by the ashes scattered about. Soot also,
other substances that have a virtue to
fertile,
;
reasonable stay, doth
good; but
at
some other
seasons, and with too long stay, doth hurt: and this serveth only for meadows which are along some river. The other way is, to bring water
from some
hanging grounds where there are
though thin spread in a field or garden, is tried be a very good compost. For salt, it is too costly ; but it is tried, that mingled with seedand I am corn, and sown together, it doth good of opinion, that chalk in powder, mingled with would do good ; perhaps as much as seed-corn,
to
:
springs, into the lower grounds, carrying it in some long furrows ; and from those furrows,
chalking the ground all over. As for the steep ing of the seeds in several mixtures with water overflows in fens, or the like, the drowning of to give them vigour, or watering grounds with them in the winter maketh the summer following more fruitful the cause may be, for that it keepcompost water, we have spoken of them before. 598. The fourth help of ground is, the suffering eth the ground warm, and nourisheth it. But of vegetables to die into the ground, and so to the fen-men hold, that the sewers must be kept fatten it ; as the stubble of corn, especially peas. so as the water may not stay too long in the Brakes cast upon the ground in the beginning of spring till the weeds and sedge be grown up ; winter will make it very fruitful. It were good for then the ground will be like a wood, which
:
drawing it traverse to spread the water. And maketh an excellent improvement, both for corn and grass. It is the richer, if those hanging grounds be fruitful, because it washeth off some of the fatness of the earth but howsoever it profiteth much. Generally where there are great
this
;
swept together, keepeth out the sun, and so continueth the wet; with some chalk and dung mixed, to give them whereby it will never graze to purpose that year. more heart, would not make a good compost; for Thus much for irrigation. But for avoidances, and there is nothing lost so much as leaves of trees drainings of water, where there is too much, and and as they lie scattered, and without mixture, the helps of ground in that kind, we shall speak
also to try whether leaves of trees
;
tLey rather
make
the ground sour than otherwise.
of them in another place.
CENT. VII.
NATURAL HISTORY.
HI
CENTURY
K.rj>irimrnts
VII
fur all putrefaction, if
<-i\<\
in
I"
Ciin.-mrt
t<nichln
the nJfiiiiHt* tni/l
and mould or putrefaction;

it
difference*
(lOl.
-.tiiiinate
/</
plants
shall
and animate
bnJits.
TIIK (Inferences between animate and

bodies,
life,
-.iiiil
dissolve not in arefaction, will in the Into plant! or living creatures bred of putrefac
tion.
is>ue.
we
handle fully under the
tit.r
sir.ill
.11
of
living spirits, and powers. then-fore make hut a brief mention of
\\e them
this place.
Tin- main
dill
erences arc two. All
I account moss, and mushrooms, and aga and other of those kinds, to he but moulds of the ground, walls, and trees, and the like. As for flesh, and fish, and plants themselves, and
ric,
ami pncumatical parts within them: hut the main dillerences hctween animate ami inanimate are two the first is, that the spirits of things animate arc all continued with them selves, ami are branched in veins, and secret
luidii s
have
spirits,
number of other things, after a mouldiness, or rottenness, or corrupting, they will fall to breed
a
worms.
These
putrefactions,
which have
allinity
:
with plants, have this difference from them that they have no succession or propagation, though
they nourish, and have a period of likewise some figure.
life,
and in living creatures, the canals, as blood is cells or spirits have not only branches, bat certain
:
and have
seats, where the principal spirits do reside, and whereunto the rest do resort; but the spirits cut off in things inanimate are shut in, and by the tangible parts, and are not pervious one to another, as air is in snow. The second main difference is, that the spirits of animate bo dies are all in some degree, more or less, kindled and inflamed; and have a fine commixture of But inanimate flame, and an aerial substance. bodies have their spirits no whit inflamed or kin
GOC. I left once by chance a citron cut, in a

close room, for three summer months that I was absent; and at my return there were grown forth, out of the pith cut, tufts of hairs an inch long,
with
little
black heads, as
if
they would have
been some herb.
dled.
And
this difference consisteth not

;
in the
and other spices, naphthaand petroleum, have exceeding hot than oil, wax, or talspirits, hotter a great deal
heat or coolness of spirits
for cloves
iow, &c., but not inflamed. And when any of those weak and temperate bodies come to be in flamed, then they gather a much greater heat than
others have uninflamed, besides their light and
and and the and participles of them. conjiners 607. The affinities and differences between plants and living creatures are these that follow. They have both of them spirits continued, and branched, and also inflamed. But first in living creatures, the spirits have a cell or seat, which as was also formerly snid. And plants have not secondly, the spirits of living creatures hold more
differences of plants
the affinities
and living
creatures,
motion, &c.
602. The differences, which are secondary, and proceed from these two radical differences, are, lirst, plants are all figurateand determinate, which inanimate bodies are not; for look how far the
And these of flame than the spirits of plants do. are the radical differences. For the secondary First plants are as follow: differences, they
two
are all fixed to the earth, whereas all living crea tures are severed, and of themselves. Secondly,
spread and continue itself, so far goeth the shape of figure, and then is determined. Secondly, plants do nourish, inanimate bodies do
spirit is able to
have not. living creatures have local motion, plants Thirdly, living creatures nourish from their upper
parts,
by the mouth chiefly plants nourish from be

;
not; they have an accretion, but no alimentation. Thirdly, plants have a period of life, which in animate bodies have not. Fourthly, they have a
low, namely, from the roots. Fourthly, plants have their seed and seminal parts uppermost ; living
creatures have
them lowermost
and therefore
it
was
said,
"
not elegantly alone, but philosophi
succession and propagation of their kind which not in bodies inanimate.

603.
tals
is
The
differences
between plants, and me
Homo est planta inversa;" Man is like cally; a plant turned upwards : for the root in plants is as the head in living creatures. Fifthly, living
more exact figure than plants. of Sixthly, living creatures have more diversity wer , in organs within their bodies, and, as it liv ward figures, than plants have. Seventhly,
creatures have a
or fossils,
besides those four before-men
tioned, for metals I hold inanimate, are these; first, metals are more durable than plants; se
condly, they are more solid and hard
thirdly,
they are wholly subterrany ; whereas plants are part above earth and part under earth.
GOt. There be very few creatures that partici
pate of the nature of plants and metals both ; coral is one of the nearest of both kinds: another is
vitriol, for that is aptesl to
(
.().">.
ing creatures have

not.
sense,
which plants have
Eighthly, living creatures have voluntary motion, which plants have not. 608. For the difference of sexes in plants they are oftentimes by name distinguished, as malefemale-rose piony, female-piony, male-rosemary, but generation by ;
sprout with moisture.
Another special
affinity is
between plants mary, he-holly, she-holly, &c
VOL.
1111
83
NATURAL HISTORY.
that of the
CENT. VII
copulation certainly extendeth not to plants. The nearest approach of it is between the he-palm and
the she-palm, which, as they report, if they ^rownear, incline the one to the other, insomuch as that,
Indian fig, the hasty and plentiful putting forth of the sap. 612. There be three things in use for sweet
ness; sugar, honey, manna. For sugar, to he ancients it was scarce known, and little used.
It is
which
is
more strange, they doubt not
to report,
that to keep the trees upright from bending, they tie ropes or lines from the one to the other, that
the contact might be enjoyed by the contact of
found in canes Query, whether to the first And whether the very knuckle, or further up ? bark of the cane itself do yield sugar or no] For
:
a middle body.
honey, the bee maketh it, or gathereth it; but I have heard from one that was industrious in hus bandry, that the labour of the bee is about the and a weaker, like unto masculine and feminine, wax ; and that he hath known in the beginning It is confounded of May doth hold in all living bodies. honeycombs empty of honey ; and with sometimes, as in some creatures of putrefaction, in a fortnight, when the sweet dews fall, filled wherein no marks of distinction appear and it is like a cellar. It is reported also by some of the doubled sometUnes, as in hermaphrodites: but ge ancients, that there is a tree called occhus, in the nerally there is a degree of strength in most species. valleys of Hyrcania, that distilleth honey in the 609. The participles or confiners between plants mornings. It is not unlike that the sap and tears and living creatures, are such chiefly as are fixed, of some trees may be sweet. It may be also, and have no local motion of remove, though they that some sweet juices, fit for many uses, may be
this
But
may
be feigned, or at
least amplified. Nevertheless I am apt enough to think, that this same binarium of a stronger
have a motion in their parts, such as are oysters, There is a fabulous nar cockles, and such like. ration, that in the northern countries there should
concocted out of
fruits, to the
thickness of honey,
or perhaps of sugar; the likeliest are raisins of the sun, figs, and currants ; the means may be in
be an herb that groweth in the likeness of a lamb, quired. and feedeth upon the grass, in such sort as it will 613. The ancien.ts report of a tree by the Per But I suppose that sian sea, upon the shore sands, which is nourish bare the grass round about. the figure maketh the fable ; for so, we see, there ed with the saltwater; and when the tide ebbeth be bee-flowers, &c. And as for the grass, it seem- you shall see the roots as it were bare without eth the plant having a great stalk and top doth bark, being as it seemeth corroded by the salt, prey upon the grass a good way about, by draw and grasping the sands like a crab ; which ne It were good to try vertheless beareth a fruit. ing the juice of the earth from it.
;
Experiments promiscuous touching plants.

610.
The
Indian
fig
boweth
its
roots
some hard trees, as a service-tree, or fir-tree, by setting them within the sands. down so 614. There be of plants which they use for
garments, these that follow hemp, flax, cotton, nettles, whereof they make nettle-cloth, sericum, which is a growing silk ; they make also cables It is the stalk that of the bark of lime trees. maketh the filaceous matter commonly ; and some
:
low
in one year, as of itself it taketh root again, and so multiplieth from root to root, making of one tree a kind of wood. The cause is the plenty of the sap, and the softness of the stalk, which maketh the "bough, being over-loaden, and not
It hath leaves as times the down that groweth above. stiffly upheld, weijrh down. broad as a little target, but the fruit no bigger 615. They have in some countries a plant of than beans. The cause is, for that the continual a rosy colour, which shutteth in the night, openshade increaseth the leaves, and abateth the fruit, eth in the morning, and openeth wide at noon ; which nevertheless is of a pleasant taste. And which the inhabitants of those countries say is a There be sleepers enough that no doubt is caused by the suppleness and plant that sleepeth.
gentleness of the juice of that plant, being that which maketh the boughs also so flexible.
611.
It is
then
for
almost
all
flowers do the like.
by one of the ancients, that tree, having few but very number of threads, like beards, as mandrakes, make an ugly great leaves, three cubits long and two broad, and whereof witches and. impostors that the fruit, being of good taste, groweth out image, giving it the form of a face at the top of tho of the bark. It may be, there be plants that pour root, and leaving those strings to make a broad Also there is a kind of out the sap so fast, as they have no leisure either beard down to the foot.
reported
there
is
Some plants there are, but rare, that have a mossy or downy root; and likewise that have a
616.
a certain Indian
to divide into
to the
fruit.
small leaves
greatest; and
many leaves, or to put forth stalks With us, trees, generally, have in comparison. The fig hath the
next it the vine, mulberry, and sycamore, and the least are those of the willow, in the bulbous, the sap hasteneth most to the air and thorn. But there be found herbs with and sun ; in the fibrous, the sap delighteth more hir^h, fir greater leaves than any tree as the bur, gourd, in the earth, and therefore putteth downward; and rucumhei aivl e.olewort. The cause is, like to the hirsute is a middle between both, that besidea
|
nard in Crete, being a kind of phu, that hath a Sc root hairy, like a rough-footed dove s foot. as you may see, there are of roots, bulbous roots, I take it, roots. fibrous roots, and hirsute And,
CKNT. VII.
tlic
tctli
NATURAL
fortli
IIISTOKY.
for
putting
upwards and downwards put- lemons, and pomegranates;

j
the
powder of
forth in roupd.
617. There are

v-
some
tears of trees,
which
;irc
sugar, and syrup of wine, will serve for muro times than once.
from the beards of goats: for when the 625. The conservation of fruit would be also -,ui(l crop them, especially in the morn- tried in vessels filled with fine sand, or with ings, the dew being on, the tear cometh forth, powder of chalk; or in meal and flour; or in dust and Inuigeth upon their beards: of this sort is of oak wood ; or in mill. some kind of laudanum. 626. Such fruits as you appoint for long keep 618. The irrigation of the plane-tree by wine, ing, you must gather before they be full ; is reported by the ancients to make it fruitful. and in a fair and dry day towards noon; and would be tried likewise with roots; for upon when the wind bloweth not south ; and when the It seeds it worketh no great effects. moon is under the earth, and in decrease. 619. The way to carry foreign roots a long 627. Take grapes, and hang them in an empty way, is to vessel them close in earthen vessels. vessel êll stopped; and set the vessel not in a But if the vessels be not very great, you must cellar, but in some dry place, and it is said they
Miitinl
j
t^
nits liitc
rip>-
make some
holes in the bottom, to give
some
re
it
freshment to the roots ; which, otherwise, as seemeth, will decay and suffocate.
620.
But it is reported by some, they will last long. will keep better in a vessel half full of wiur, so that the grapes touch not the wine.
628. It is reported, that the preserving of the stalk helpeth to preserve the grapes ; especially if pith of elder, the elder not 629. It
fruit
is
The
plants, while
ancient cinnamon was, of all other it grew, the dryest, and those things
which are known to comfort other plants did the stalk be put into the make that more sterile ; for in showers it pros touching the fruit.
pered worst: it grew also amongst bushes of other kinds, where commonly plants do not thrive,
reported
by some of the ancients, that
neither did it love the sun. There might be one cause of all those effects; namely, the sparing nourishment which that plant required. Query, eat raw
put in bottles, and the bottles let down into wells under water, will keep long. 630. Of herbs and plants, some are good to
as lettuce, endive, purslane, tarragon, ; which is now the substitute of cresses, cucumbers, musk-melons, radish, &c.; doth participate of these things ? others only after they are boiled, or have passed cinnamon, 621. It is reported by one of the ancients, that the fire ; as parsley, clary, sage, parsnips, turnips, when it is gathered, is put into the skins of asparagus, artichokes, though they also being cassia, beasts newly flayed; and that the skins corrupting young are eaten raw but a number of herbs are not and breeding worms, the worms do devour the pith esculent at all; as wormwood, grass, green corn, and marrow of it, and so make it hollow, but meddle centaury, hyssop, lavender, balm, &c. The causes
how
far cassia,
not with the bark, because to them it is bitter. are, for that the herbs that are not esculent do 622. There were in ancient time vines of far want the two tastes in which nourishment restgreater bodies than we know any, for there have been cups made of them, and an image of Jupiter. But it is like they were wild vines ; for the vines that they use for wine, are so often cut, and so much digged and dressed, that their sap spendeth into the grapes, and so the stalk cannot increase
eth; which are fat and sweet; and have, contra riwise, bitter and over-strong tastes, or a juice so
much
ble,
The wood without rotting. And

in bulk.
tree
of vines
that
is
very dura
is
crude as cannot be ripened to the degree of nour ishment. Herbs and plants that are esculent raw have fatness, or sweetness, as all esculent fruits such are onions, lettuce, &c. But then it must be such a fatness, (for as for sweet things,
:
which
strange,
though no
hath the twigs, while they are wood dried is extreme and was used by the cap%iins of armies tough,
green, so brittle, yet the
they are in effect always esculent,) as is not overgross, and loading of the stomach: for parsnips and leeks have fatness, but it is too gross and heavy without boiling. It must be also in a sub
stance
amongst the Romans

623. It
is
for their cudgels.
somewhat tender
are
fire;
for
we see wheat, barley,

fire
reported, that in some places vines are suffered to grow like herbs, spreading upon the ground, and that the grapes of those vines are
till they doth ripen, and maketh them soft and tender, and so they become very great. It were good to make trial, whether esculent. As for radish and tarragon, and the plants that use to be borne up by props will not put like, they are for condiments, and not for nourish forth greater leaves and greater fruits if they belaid ment. And even some of those herbs which are al on the ground ; as hops, ivy, woodbine, &c. not esculent, are notwithstanding poculent; a
artichokes,
no good nourishment
but the
have passed the
<j
if you will keep hops, broom, &c. Query, what herbs are good for honey; but because drink besides the two aforenamed for that it may, honey, perhaps, will give them a taste over-lus- perhaps, ease the charge of brewing, if they make cious, it were good to make trial in powder of beer to require less malt, or make it last longer. or in syrup of wine, only boiled to height. 631. Parts fit for the nourishment of man in Both these would likewise be tried iu oranges, plants are, seeds, roots, and fruits ; but chiefly
624. Quinces, or apples, &c.,

in
them long, drown them
Hi<jar,
NATURAL HISTORY.
eds and roots. For leaves, they give no nou rishment at all, or very little no more do flowers, The reason is, for that or blossoms, or stalks. roots, and seeds, and fruits, inasmuch as all plants
:
CENT. vlf.
these
may
be, the closeness and solidness of thfo
pith of the oak, which maketh several And therefore if juices find several eruptions. will devise to make any super-plants, you you
wood and
consist of an oily and watery substance com mixed, have more of the oily substance, and leaves, flowers, &c. of the watery. And secondly,
must ever give the sap

issue.
plentiful rising
and hard
636. There are two excrescences which grow they are more concocted ; for the root which con- upon trees ; both f them in the nature of mush tinueth ever in the earth is still concocted by the rooms the one the Romans call boletus which earth ; and fruits and grains we see are half a groweth upon the roots of oaks, and was one of the
: ;
year or more in concocting out and perfect in a month.
whereas leaves are dainties of
633. Plants, for the most part, are more strong both in taste and smell in the seed than in the
leaf and root.
that in plants that are not of a fierce and eager spirit, the virtue
is, for
their table; the other is medicinal, that is called agaric, whereof we have spoken be which groweth upon the tops of oaks; fore,
though
The cause
also at the roots.
is
is
increased by concoction and maturation, which ever most in the seed ; but in plants that are of a
be affirmed by some, that it groweth I do conceive, that many ex crescences of trees grow chiefly where the tree is dead or faded; for that the natural sap of the
it
fierce
spirit, they are stronger whilst the enclosed in the root, and the spirits do but weaken and dissipate when they come to the air and
and eager
spirit is
some preternatural substance. greater part of trees bear most and best on the lower boughs ; as oaks, figs, walnuts, pears, &c.; but some bear best on the top boughs,
tree corrupteth into
037.
The
sun; as
we see it in onions, garlick, dragon, &c. as crabs, &c. Those that bear best below, are Nay, there be plants that have their roots very hot such as shade doth more good to than hurt. For and arornatical, and their seeds rather insipid, as generally all fruits bear best lowest, because the ginger. The cause is, as was touched before, for sap tireth not, having but a short way and there
:
that the heat of those plants is very dissipable which under the earth is contained and held in
fore in fruits spread
upon walls, the lowest
are the
but
633.
oily.
when it cometh The juices

I
to the air
it
exhaleth.
greatest, as was formerly said : so it is the shade that hindereth the lower boughs, except it be in
reckon
of fruits are either watery or among the watery, all the fruits
such trees as delight in shade, or at least bear

well.
it
out of which drink
is expressed ; as the grape, the apple, the pear, the cherry, the pomegranate, &c. And there are some others which, though
therefore they are either strong trees, as the oak, or else they have large leaves, as the walnut and fig, or else they grow in pyramis, as
And
they be not in use for drink, yet they appear to be of the same nature ; as plums, services, mul
berries, rasps, oranges,
But if they require very much sun, the pear. they bear best on the top, as it is in crabs, apples,
plums, &c.
638. There be trees that bear best
lemons, &c.; and for those
when
they
juices that are so fleshy, as they cannot
diink
make
by expression, yet, perhaps, drink by mixture of water.

I
make begin they may trees

trees
to be old, as almonds, pears, vines, and all that give mast : the cause is, for that all trees that bear mast have an oily fruit; and young
oculaque admistis imitantur vitea sorbis.
be hips and brier-berries would do the like. Those that have oily juice, are olives, almonds, nuts of all sorts, pine-apples, &c., and iheir juices are all inflammable. And you must observe also, that some of the watery juices, after
it
And
may
have a more watery juice, and less concocted, and of the same kind also is the almond. The pear likewise, though it be not oily, yet it requireth much sap, and well concocted, for we see it is a heavy fruit and solid, much more than apples,
plums, &c.
that
As
better
for the vine,
it
is
noted, that
(_rr.ij
it
they have gathered spirit, will burn and inflame; as wine. There is a third kind of fruit that is sweet, without either sharpness or oiliness such
:
beareth more grapes
make
is
when it is young; but wine when it is old for

; ;
that
thjOfciice
is
better concocted
it
and
we
see that
oili
the fig and the date. 634. It hath been noted, that most trees, and specially those that bear mast, are fruitful but
as
is
wits
ness.
inflammable, so as
hath a kind of
But the most partof trees, amongst which are
once in two years. expense of sap ; for

cultured, will bear
arc young. apples, plums, &c. bear best when they The cause, no doubt, is the 639. There be plants that have a milk in them many orchard trees, well when they are cut, as figs, old lettuce, sow-this divers years together. tles, spurge, &c. The cause may be an inception
tree,
635. There
is
no
which besides the na

bastard fruits as the
of putrefaction: for those milks have
all
an acri-
tural fruit doth bear so
many
!mony: though one would think they should bo
oak doth: for besides the acorn, it beareth galls, lenitive. For if you write upon paper with the oak apples, and certain oak nuts, which are in milk of the fig, the letters will not be seen until flammable, and certain oak berries, sticking close you hold the paper before the fire, and then they Jo the body of the tree without stnlk. wax brown which shmveth that it is a sharp 01 It beareth The cause of all fretting juice: lettuce is thought poisonous, when Iso misseltoe, though rarely.
i
r K M. vn.
t
NATI RAL HISTORY.

to
;
have milk spurge is a kind of and as for sow-thistles, though .it tin-ill, yet sheep and cattle will nut touch tlirin and besides, the milk of tliem rubbi-d upon w.irts. in short time wt-an-tb them away which sboweth the milk of them to be corrosive,
is
so old as
poison
in itself,
have much and subtle beat, which causeth early sweetness; the latter have, a cold and acid juice, which no heat of the sun can sweeten. But as for the myrobalane, it bath parts of contrary natures; for it is sweet and yet
that the former kind
astringent.
C>
There be few herbs that have a salt taste ; and contrariwise all blood of living creatures hath a saltness. The cause may be, for that sprout, are full iniiiation is ever akind of putrefaction of the seed, salt, though it he the rudiment of life, yet in Euphorbium also hath a milk, though not very plants the original taste rernaineth not ; for you and salla- shall have them bitter, sour, sweet, biting, but white, which is of a great acrimony lime hath a yellow milk, which hath likewise seldom salt; but in living creatures, all those much acrimony ; for it cleanseth the eyes. It is high tastes may happen to be sometimes in the also for cataracts. humours, but are seldom in the flesh or substance, 640. Mushrooms are reported to grow, as well because it is of a more oily nature; which is not upon the bodies of trees, as upon their roots, or very susceptible of those tastes, and the saltness ipon the earth; and especially upon the oak. itself of blood is but a light and secret saltness The cause is, for that strong trees are towards and even among plants, some do participate of such excrescences in the nature of earth ; and saltness, as alga marina, samphire, scurvy grass, therefore put forth moss, mushrooms, and the &c. And the report, there is in some of the Indian
also that
wheat and other corn, sown,

he<_rimiin<_r
if
I.").
you
tiki;
them
ground before they of n, rof milk, and the.

forth of thn
like.
seas a
641. There is hardly found a plant that yieldeth a red juice in the blade or ear ; except it be the tree that beareth draconis sanguis; which groweth chiefly in the island Socotra : the herb amaranthus, indeed, is red all over; and brazil is red in the wood and so is red sanders. The tree of
:
swimming plant, which they call salgazus, spreading over the sea in such sort as one would think it were a meadow. It is certain, that out
of the ashes of all plants they extract a salt
which
they use in medicines. 646. It is reported by one of the ancients, that there is an herb growing in the water, called lincostis,
the sanguis draconis groweth in the form of a It is like that the sugar-loaf. sap of that plant concocteth in the body of the tree. For we see
which
to
is full
of prickles
this herb putteth
forth another small herb out of the leaf;
imputed
some moisture
that is gathered
which is between
grapes and pomegranates are red in the juice, but are green in the tear: and this maketh the tree of sanguis draconis lesser towards the top; because the juice hasteneth not up: and besides, it is very astringent; and therefore of slow motion. 642. It is reported that sweet moss, besides
that
the prickles, which putrefied by the sun germiBut I remember also I have seen, for a nateth. great rarity, one rose grow out of another like
honeysuckles, that they call top and top-gallants. 647. Barley, as appeareth in the malting, be ing steeped in water three days, and afterwards
the water drained from
it,
and the barley turned
upon the apple trees, groweth likewise some times upon poplars; and yet generally the poplar is a smooth tree of bark, and hath little moss. The moss of the larix-tree burneth also sweet, and sparkleth in the burning. Query of the mosses of odorate trees, as cedar, cypress, lig num aloes, &c. 643. The death that is most without pain, hath been noted to be upon the taking of the potion of hemlock; which in humanity was the form of
that
upon a dry floor, will sprout half an inch long at least and if it be let alone, and not turned, much
:
more;
same.
until the heart
be out.
Wheat
will do the
also with peas and beans. This experiment is not like that of the orpine and semper-vive, for there it is of the old store, for
Try
it
no water
water.
for
it
is
added, hut here
it
is
nourished from the

be farther driven
:
The experiment would
execution of capital offenders in Athens. The poison of the asp, that Cleopatra used, hath some The cause is, for that the tor affinity with it.
the spirits
appeareth already, by that which hath been said, that earth is not necessary to the first sprout ing of plants, and we see that rose-buds set in
water
|
i
will
blow:
therefore
try
whether the
ments of death are chiefly raised by the strife of and these vapours quench the spirits by degrees like to the death of an extreme old they will, it should seem by the experiments beman. 1 conceive it is less painful than opium, fore, both of the malt and of the roses, that they
I
sprouts of such grains may not be raised to a fartber degree, as to an herb, or flower, with water for if only, or some small commixture of earth
:
because opium bath parts of beat mixed. will come far faster on in water than in earth for I. There be fruits that are sweet before they the nourishment is easilier drawn out of water be ripe, as myrobalanes; so fennel seeds are than out of earth. It may give some liirht also, sweet before they ripen, and after grow spicy. that drink infused witli llesh, as that with the And some never ripen to he sweet as tamarinds, capon, &c., will nourish faster and easilier than The cause is, for meat and drink together. Try the same experiberberries, crabs, sloes, &c.
;
I
NATURAL HISTORY.
as for merit with roots as well as with grains example, take a turnip, and steep it a while, and
:
CENT. VII.
There be herbs also
;
ess the heat of the sun.
hat have the same dillV-roncc

:all
;
as
.he
herb they
then dry it, and see whether it will sprout. r, is. Malt in the drenching will swell; and that in such a manner, as after the putting forth
in sprouts,
morsus diaboli which putteth forth the rout down so low as you cannot pull it up without )reaking; which gave occasion to the name and
able; for that it was said, it was so wholesome a root, that the devil, when it was gathered, bit
:
and the drying upon the
kiln, there
will be gained at least a bushel in eight, and yet the sprouts are rubbed off, and there will bo a
by the loose and open lying of the parts, but by some addition of substance drawn from the water in which it was steeped.
to be, not only
t for envy and some of the ancients do report, suppose that there was a goodly fir, which they desired to remove the whole, that had a root under ground ight cubits deep and so the root came up broken. 654. It hath been observed, that a branch of a 649. Malt gathereth a sweetness to the taste, tree, being unbarked some space at the bottom, which appeareth yet more in the wort. The dul- and so set into the ground, hath grown; even of such trees, as if the branch were set with the coration of things is worthy to be tried to the full
bushel of dust besides the malt, which
bark on, they would not grow yet contrariwise we see, that a tree pared round in the body above become alimental, may be an experiment of great ground will die. The cause may be, for that the unbarked part draweth the nourishment best, but profit for making new victual. 650. Most seeds in the growing leave their the bark continueth it only. husk or rind about the root; but the onion will 655. Grapes will continue fresh and moist all carry it up, that it will be like a cap upon the top winter long, if you hang them cluster by cluster of the young onion. The cause may be, for that n the roof of a warm room; especially if when the skin or husk is not easy to break as we see you gather the cluster you take off with the by the pilling of onions, what a holding substance cluster some of the stock.
for thatdulcoration importeth a degree to nourish ment : and the making of things inalimental to
; ;
the skin
is.
Plants, that have curled leaves, do all abound with moisture ; which cometh so fast on, as they cannot spread themselves plain, but must
651.
curling
needs gather together. The weakest kind of is roughness, as in clary and burr. The boughs, though many stalks come out of one second is curling on the sides; is in lettuce, and root. It differeth much in greatness, the smallest young cabbage and the third is folding into a being fit for thatching of houses, and stopping head ; as in cabbage full grown, and cabbage-let the chinks of ships better than glue or pitch tuce. The second bigness is used for angle-rods and 652. It is reported that fir and pine, especially staves; and in China for beating of offenders if they be old and putrefied, though they shine not upon the thighs. The differing kinds of them as some rotten woods do, yet in the sudden break are, the common reed, the cassia fistula, and the Of all plants it boweth the easiest, ing they will sparkle like hard sugar. sugar-reed. 653. The roots of trees do some of them put and riseth again. It seemeth, that amongst plants downwards deep into the ground ; as the oak, which are nourished with mixture of earth and Some spread more toward the sur water, it draweth most nourishment from water; pine, fir, &c. face of the earth ; as the ash, cypress-tree, olive, which maketh it the smoothest of all others in &c. The cause of this latter may be, for that bark, and the hollowest in body. such trees as love the sun do not willingly de 657. The sap of trees when they are let blood, scend far into the earth, and therefore they are, is of differing natures. Some more watery and commonly, trees that shoot up much ; for in their clear, as that of vines, of beeches, of pears : body their desire of approach to the sun maketh some thick, as apples some gummy, as cherries them spread the less. And the same reason under some frothy, as elms some milky, as figs. In ground, to avoid recess from the sun, maketh mulberries the sap seemeth to be almost towards them spread the more. And we see it cometh to the bark only, for if you cut the tree a little into puss in some trees which have been planted too the bark with a stone, it will come forth ; if you deep in the ground, that for love of approach to pierce it deeper with a tool, it will he dry. The the sun, they forsake their first root, and put ou trees which have the moistest juices in their fruit, another more towards the top of the earth. And have commonly the moistest sap in their body, we see also, that the olive is full of oily juice for the vines and pears are very moist ; apples and ash maketh the best fire, and cypress is a somewhat more spungy; the milk of the fig hath hot tre. As for the oak, which is of the forme: the quality of the rennet, to gather cheese ; and sort, it loveth the earth, and therefore groweth so have certain sour herbs wherewith they make And for the pine and fir likewise, they cheese in Lent. slowly. have so much heat in themselves as they neec 658. The timber and wood are in some trees
: :
:
a watery plant, and it hath these pro perties that it is hollow, that it is knuckled both stalk and root, that being dry, it is more hard and fragile than other wood, that it putteth forth nc
656. reed or cane
is
The
groweth not but

:
in the water:
CENT. VII.
iii
NA ITK.M. HISTORY.
some more knotty,
Init is a good one end, ami laying
;m<l
in-
dean,
t"
in
nevertheless south winds arc also found

j
t<>
do hurt,
trial
try it by speaking at the car at tin- utlirr : for if it
kmdty, the voice
especially in the blossoming time, and the more if showers follow. It scemeth they call forth th
Some have the veins more will not pass well. varied a:ul chanihletled, as oak, whereof wainscot
;
:
moisture too
It
fast.
The west winds
are the hot.
is made maple, whereof trenchers are made some more smooth, as fir and walnut: some do three such winters come together, almond-trees inure easily breed worms and spiders, some more and some other trees will die. The cause is hardU, ,vs it is said nf Irish trees: besides there the same with the former, because the lust of lie a number of differences that concern their the earth over-spendeth itself: howsoever some use; as oak, cedar, and chestnut arc the best other of the ancients have commended warm winters. builders; some are best for plough-timber, as ash some for piers, that are sometimes wet and some 663. Snows lying long cause a fruitful year; times dry, as elm some fur planchers, as deal for first they keep in the strength of the earth ; some for tables, cupboards, and desks, as walnut; secondly, they water the earth better than rain some for ship timber, as oaks that grow in moist for, in snow, the earth doth, as it were, suck the
; ;
; :
hath been observed also, that green and (p. u winters do hurt trees, insomuch as if two 01
grounds, for that maketh the timber tough, and net apt to rift with ordnance; wherein English
water as out of the teat

of
and Irish timber are thought to excel: some for masts of ships, as fk and pine, because of their 664. Showers, if they come a little before the length, straightness, and lightness: some for ripening of fruits, do good to all succulent and as oak ; some for fuel, as ash, and so of the moist fruits; as vines, olives, pomegranates; pale, rest. yet it is rather for plenty than for goodness; for 659. The coming of trees and plants in certain the best wines are in the driest vintages small showers are likewise good for corn, so as parching regions, and not in others, is sometimes casual for many have been translated, and have prospered heats come not upon them. Generally night well; as damask-roses, that have not been known showers are better than day showers, for that the in England above a hundred years, and now sun followeth not so fast upon them ; and we see But the liking of plants in cer even in watering by the hand, it is best in sum are so common. tain soils more than in others is merely natural, mer time to water in the evening. fir and as the 665. The differences of earths, and the trial pine love the mountains; the pop of them, are worthy to be diligently inquired. lar, willow, sallow, and alder, love rivers and moist places; the ash loveth coppices, but is The earth, that with showers doth easiliest soften, best in standards alone; juniper loveth chalk, is commended; and yet some earth of that kind and so do most fruit trees; samphire groweth but will be very dry and hard before the showers. upon rocks; reeds and osiers grow where they The earth that casteth up from the plough a great are washed with water ; the vine loveth sides clod, is not so good as that which casteth up a of hills, turning upon the south-east sun, &c. smaller clod. The earth that putteth forth moss 660. The putting forth of certain herbs dis- easily, and may be called mouldy, is not good.
: :
the finest moisture, for of the cloudy waters.

is
snow
thirdly, the moisture it is the froth
covereth of what nature the ground where they put forth is, as wild thyme showeth good feeding-
The
earth that smelleth well
upon the digging,

the
or ploughing,, is
commended, as containing
almost
ground betony and strawberries show grounds fit for wood ; camomile showeth mellow Mustard -seed growing grounds fit for wheat. after the plough, showeth a good strong ground burnet showeth good meadow, also for wheat and the like. Mil. There are found in divers countries, MOM other plants that grow out of trees and plants, besides missel toe as in Syria there is an herb
for cattle;
: :
already prepared. It is thought by some, that the ends of low rain bows fall more upon one kind of earth than upon
another, as it may well be ; for that that earth is most roscid : and therefore it is commended foi
juice of vegetables
The poorness of the herbs, the poorness of the earth ; and especially if they be in colour more dark : but if the herbs show withered or blasted at the top,
a sign of good earth.
it
is
plain,
show
groweth out of tall trees, and windeth itself about the same tree where it groweth, and sometimes about thorns. There is
called cassytas, that
a kind of polypode that groweth
though
it
windeth
not.
out of trees, So likewise an herb
called faunos, upon the wild olive. And an herb called hippophaeston upon the fuller s thorns:
is good for the falling sickness. been observed by some of the ancients, that howsoever cold and easterly winds are thought to be great enemies to fruit, yet
which, they say,

M-2.
It
hath
and so doth whereof tlu.grass is soon parched with the sun, and is commonly forced earth, and barren in its own nature. The tender ehessome, and mellow earth is the best, being mere mould, between the two extremes of clay and sand, especially if it be not loamy and binding. The earth, that after rain will scarce be ploughed, is commonly fruitful: for it is cleaving and full of juice. 666. It is strange, which is observed by some
it
showeth the earth
to
be very cold
the mossiness of trees.
The
earth,
88
NATURAL HISTOKY.
times
Ct.vr. VI-
of the ancients, that dust helpeth the of trees, and of vines by name ; insomuch as
they cast dust upon
they are forced to resow summer corn where they sowed winter corn. Another ill ac
1
is bitter frosts continued without snow, seem, that that especially in the beginning df tin winter, after d is new sown. Another disease is worms, eth, makcth a kind of soiling to the tree, being ilie And they note, which sometimes breed in the root, and happen earth and water finely laid on. that countries where the fields and ways are upon hot suns and showers immediately after the dusty bear the best vines. sowing ; and another worm breedeth in the ear 667. It is commended by the ancients for an itself, especially when hot suns break often out of Another disease is weeds, and they are excellent help to trees, to lay the stalks and leaves clouds. of lupins about the roots, or to plough them into such as either choke and over-shadow the corn, The burn and bear it down, or starve the corn, and deceive the ground where you will sow corn. ing also of the cuttings of vines, and casting them it of nourishment. Another disease is over-rankupon land, doth much good. And it was gener ness of the corn ; which they use to remedy by
them of purpose. It should powdering, when a shower com
cident
ally received of old, that dunging of grounds when the west wind bloweth, and in the decrease
mowing
it.
it
after
it is
come
Another
ill
accident
up, or putting sheep into is laying of corn with
of the moon, doth greatly help ; the earth, as it seemeth, being then more thirsty and open to
receive the dung. 668. The grafting of vines
dent
or
Another ill acci great rains, near or in harvest. is, if the seed happen to have touched oil,
upon vines, as
incision,
I
it,
take
it,
is
not
now
in use
the ancients had
and that three ways; the

is
first
was
which
any thing that is fat ; for those substances have an antipathy with nourishment of water. 670. The remedies of the diseases of corn have been observed as folio weth. The steeping
of the grain, before sowing, a little time in wine, is thought a preservative : the mingling of seed corn with ashes is thought to be good : the sowing
at
the ordinary manner of grafting: the second terebration through the middle of the stock, and putting in the cions there : and the third was
was
pairing of two vines that grow together to the marrow, and binding them close. 669. The disease and ill accidents of corn are worthy to be inquired and would be more worthy to bo inquired, if it were in men s power to help them, whereas many of them are not to be reme The mildew is one of the greatest, which, died. out of question, cometh by closeness of air; and
;
the
wane of
:
the
moon
is
thought
to
make
the
hath not been practised, but it is thought to be of use to make some miscellane in corn, as if you sow a few beans with wheat, your
corn sound
it
wheat
will be the better.
It
hath been observed

or fat receiveth
that the
sowing of corn with housleek doth good.

grain that toucheth
oil
Though
therefore in hills, or large champaign grounds, it seldom cometh ; such as is with us York s woald.
hurt, yet the steeping of it in the dregs of oil, when it beginneth to putrefy, which they call amurca, is thought to assure it against worms.
It is reported also, that if
This cannot be remedied, otherwise than that
in
corn be
mowed,
it
will
countries of small enclosure the ground be turned

into larger fields: which I have known to do Another disease is the good in some farms.
make
more
old
the grain longer, but emptier, and haying of the husk.
putting forth of wild oats, whereinto corn often It times, especially barley, doth degenerate. happeneth chiefly from the weakness of the grain
It hath been noted, that seed of a year the best, and of two or three years is worse, and that which is more old is quite barren;
671.
is
be either too old or mouldy, Another disease is it will bring forth wild oats. the satiety of the ground ; for if you sow one
that
is
;
sown
for if
it
better than others.
though, no doubt, some seeds and grains last The corn which in the vanning lieth lowest is the best; and the corn which
broken or bitten retaineth a

better than that
little
yellowness,
ia
ground
the
it
still
with the same corn,
same corn that grew upon the same kind of grain, as wheat,
will prosper but poorly
ill
:
mean not the same ground, but

I
672. It
which is very white. hath been observed, that of
all roots
barley, &c. therefore besides the
of herbs, the root of sorrel goeth the farthest into the earth ; insomuch that it hath been known to
:
resting of the ground,
Another
accident
is
you must vary the seed. go three cubits deep and from the winds, which continueth fit longest to be by shaking
;
that
it
is
the root that
hurt at two times;

off the flowers,
at the flowering,
full
and at the out the corn. Another
ripening, by shaking ill accident is drought, at the spindling of the corn, which with us is rare, but in hotter countries common; insomuch
that groweth. as it M cmeth loveth the earth,
set again, of any root It is a cold and acid herb, that,
and
is
not
much
drawn by
673.
It
tne sun.
hath been observed, that some herbs
like best lieinir watered with salt water: as radish,
was first derived from beet, rue, pennyroyal ; this trial would be extended calamus, when the corn could not get out of the to some other herbs; especially such as are Another ill accident is over-wet at sowing strong, as tarragon, mustard-seed, rocket, and th stalk. like. lime, which with us breedeth much dearth, inso
as the word calamitas
| .
much
as the corn never
cometh up
and many
67-1.
It is
strange that
is
generally received,
OUT.
how
in-1
;
\ii.
NATl KM, IIIM DKV.

til-lists
lli.tt
\\ ill
sninc
poisonous
.
atli-i-t
oil
rate anil
dent and modern

latimi,
v\ritM-~
have also laboured;

full
tin-
that
tin-
toad
he uiucli
snake li.vi til fenunder sage ; that
but their causes and axioms are so
of imanj.
r<eei\,c|
and so
infected
with
the
old
he in rinqc-foil. It may In- it is rather frogs will tin- shade, i.r olln r coverture, that they take liking in than the virtue of the herh.
a matter of ^reat profit, save that too conjectural to venture upon, if one could discern what corn, herbs, or fruits, are
t>7.">.
theories, as they are
mere
not.
in<|uinations
of experi
ence, and concoct
it
It
were
is
doubt
tn
it
like
.mil projrnii^tir. in
he in plenty or scarcity, by some signs the beginning of the year: for
solitary touching healing of wounds. hath been observed by some of the an cients, that skins, and especially of rams, newly ulled off, and applied to the wounds of stripes,
Experiment
677.
It
as for thuse that are like to be in plenty, they may he bargained tor upon the ground: as the
old relation was of Thales, who, to show how easy it was for a philosopher to be rich, when he foresaw a ^n at plenty of olives, made a monoply of
do keep them from swelling and exulcerating, and likewise heal them and close them up ; and hat the whites of eggs do the same. The cause
clammy and
too
temperate conglutination, for both bodies are viscous, and do bridle the deflux of lumours to the hurts, without penning them in
s a
them.
in
And
for scarcity,
men may make
profit
much.
solitary toucfiingfat diffused injlesh.
keeping better the old
store.
Long continuance
Experiment
678.
turn almost all flesh into a fatty you take flesh and cut it into pieces, and put the pieces into a glass covered with parch ment, and so let the glass stand six or seven hours in boiling water. It may be an experiment
if
of snow is believed to make a fruitful year of corn; an early winter, or a very late winter, a an open and serene winter, barren year of corn
:
You may
substance,
an
year of fruit, in these we have partly touched before but other prognostics of like nature are diligently to be inquired.
ill
:
There seem to be in some plants singu wherein they differ from all other: the olive hath the oily part only on the outside; whereas all other fruits have it in the nut or The fir hath, in effect, no stone, nut, kernel.
t>7ti.
larities,
uses
of profit for making of fat or grease for but then it must be of such flesh as ;
edible;
many
is
not
as horses, dogs, bears, foxes, badgers,
&c.
Experiment
679. It
is
or kernel, except you will count the little grains The pomegranate and pine-apple have kernels.
solitary touching ripening of drink before the time.
only amongst fruits grains distinct in several No herbs have curled leaves but cabbage cells.
reported by one of the ancients, that
new wine
and cabbage-lettuce. None have doubled leaves, vessels let down into the sea, will accelerate very one belonging to the stalk, another to the fruit or much the making of them ripe and potable. The
seed, but the artichoke. kind of spread that the
put into vessels well stopped, and the
No
flower hath that
same would be
Experiment
tried in wort.
woodbine hath.
This
solitary
of contemplation; for it may showeth that in the frame of nature, there is, in the producing of some species, a composition of
field
be a large
touching pilosity and plu
matter,
which happeneth
:
oft,
mage. 680. Beasts are more hairy than men, and and may be much savage men more than civil, and the plumage
it is
diversified
in others,
little
such as happeneth rarely,

likewise
and admitteth
in beasts
:
variety: for so
of birds exceedeth the pilosity of beasts. The cause of the smoothness in men is not any abun
dogs have a resemblance with wolves and foxes; horses with asses, kine with buffles, hares with coneys, &c. And so in birds kites and kestrels have a resemblance with hawks ; common doves with ring-doves and turtles; black birds with thrushes and mavises; crows with But elephants ravens, daws, and choughs, &c. and swine amongst beasts ; and the bird of para dise and the peacock amongst birds ; and some few others, have scarce any other species that have affinity with them. leave the description of plants, and their virtues, to herbals, and other like books of natu ral history, wherein men s diligence hath been for our experiments are great, even to curiosity only such as do ever ascend a degree to the deriv ing of causes, and extracting of axioms, which
:
dance of heat and moisture, though that indeed

causeth pilosity: but there is requisite to pilosity, not so much heat and moisture, as excrementitious heat and moisture ; for whatsoever assimilateth,
goeth not into the hair, and excrementitious moisture aboundeth most in beasts, and men that
more savage. Much the same reason is there of the plumage of birds, for birds assimilate less, and excern more than beasts, for their excrements
are
are ever liquid, and their flesh generally
more dry
We
besides, they have not instruments for urrne; and so all the excrementitious moisture goeth into the
feathers
;
and therefore
birds be
commonly
cause their flesh
is no marvel though meat than beasts, be doth assimilate more finely, and
it
better
secerneth more subtilly. Again, the head of man hath hair upon the first birth, which no other pan
the
iit ignorant but that
some both of the an- of
body hath.
VOL.
II.
12
The cause may 9
be want of
JO
NATURAL HISTORY.
so as
CENT. VII.
put their hand under the vessel is, for that the moisture
it
doth allay heat where it toucheth and teth less, and excerneth more, and so likewise therefore note well, that moisture, although it see also, that hair cometh doth not pass through bodies, without communi doth the chin. not upon the palms of the hands, nor soles of the cation of some substance, as heat and cold do, And yet it worketh manifest effects ; not by entrance feet; which are parts more perspirable.
so
it
:
perspiration ; for much of the matter of hair, in the other parts of the body, goeth forth by insen sible perspiration ; and besides, the skull being of a more solid substance, nourisheth and assimila-
men may
it.
and remove
of water as
The cause
it
quencheth coals where
entereth,
We
children likewise are not hairy, for that their skins are more perspirable.
cold
of the body, but by qualifying of the heat and as we see in this instance and we see ; likewise, that the water of things distilled in
:
Experiment
solitary touching the quickness of motion in birds,
for the flight of
681. Birds are of swifter motion than beasts; many birds is swifter than the
water, which they call the bath, differcth not much from the water of things distilled by fire. see also, that pewter dishes with water in
We
race of
many
beasts.
The cause
is, for
that the
in com spirits in birds are in greater proportion, parison of the bulk of their body, than in beasts ;
not melt easily, but without it they nay, we see more, that butter, or oil, which in themselves are inflammable, yet by virtue of their moisture will do the like.
will will
;
them
reason that some give, that they are partly carried, whereas beasts go, that is nothing, for by that reason swimming should be swifter
for as for the
Experiment
685.
it is
solitary touching
yawning.
than running: and that kind of carriage also not without labour of the wing.
is
hath been noted by the ancients, that dangerous to pick one s ear whilst he yawriIt
eth.
Experiment
682.
solitary touching the ness of the sea.
different
clear
The cause is, for that in yawning the inner parchment of the ear is extended, by the drawing in of the spirit and breath ; for in yawn
ing and sighing both, the spirit is first strongly in, and then strongly expelled.
The
sea
is clearer
when
the north
wind drawn
bloweth than when the south wind. The cause is, for that salt water hath a little oiliness in the sur
face thereof, as appeareth in very hot days; again, for that the southern wind relaxeth
Experiment
686.
It
solitary touching the hiccough.
water somewhat ; as no water boiling

as cold water.
is
hath been observed by the ancients, that sneezing doth cease the hiccough. The so clear cause is, for that the motion of the hiccough is
the
and

683.
the different heats of
a lifting up of the stomach, which sneezing doth somewhat depress, and divert the motion another
Jire and boiling water. Fire burneth wood, making it first lumi nous, then black and brittle, and lastly, broken and incinerate : scalding water doth none of
For first we see that the hiccough cometh of fulness of meat, especially in children, which we see causeth an extension of the stomach
way.
these.
The cause
is, for
that by
fire
the spirit
of the body is first refined, and then emitted ; whereof the refining or attenuation causeth the light, and the emission, first the fragility, and after the dissolution into ashes; neither doth
:
caused by acid meats, or drinks, which is by the pricking of the stomach ; and the motion is ceased either by diversion, or by de
also
it is
tention of the spirits ; diversion, as in sneezing ; detention, as we see holding of the breath doth
help
somewhat
to cease the
hiccough
and put
ting a man into an earnest study doth the like, any other body enter but in water the spirit of as is commonly used and vinegar put to the the body is not refined so much; and besides, nostrils, or gargarized, doth it also ; for that it of the water entereth, which doth increase part is astringent, and inhibiteth the motion of the the spirit, and in a degree extinguish it: therefore
:
we see that hot water will quench fire. And again we see, that in bodies wherein the water doth not much enter, but only the heat passeth, hot water worketh the effects of fire, as in eggs
boiled and roasted, into which the water entereth not at all, there is scarce difference to be dis
spirits.
Experiment
687.
solitary touching sneezing.
Looking against the
sun doth induce
sneezing.
cerned
but in fruit and flesh, whereinto the , water entereth in some part, there is much more
difference.
not the heating of the nostrils, for then the holding up of the nostrils against the sun, though one wink, would do it ; but the drawing down of the moisture of the
is,
The cause
Ecperiment solitary touching the qualijkation of heat by moisture, 634. The bottom of a vessel of boiling water, hath been observed, is not very much heated,
brain; for it will make the eyes run with water; and the drawing of moisture to the eyes doth draw it to the nostrils by motion of consent; and
followeth sneezing ; as contrariwise, the tickling of the nostrils within doth draw the moisture to the nostrils, and to the eyes by conso
CBNT. VII.
ent;
for they also will water.
if
NATURAL HISTORY.
Hut yet
to
it
hath
/.<,
been observed, that

the rubbing of
tlic
one be about
till
sun
eyes
they run with water
which is hard, they open that which is stopped and shut, and they expel that which is offensive Of this gently, without too much perturbation.
kind are elder-flowers, which therefore are proper for the stone: of this kind is the dwarf-pine, which is proper for the jaundice of this kind is
:
will previ ut it. \\liereoftlieeaiise is, for that the hiiiiiniir which was descending to the nostrils,
is diverted to
the eyes.
the
Experiment solitary touching tht tenderness of

teetk.
hartshorn, which is proper for agues and infections: of this kind is piony, which is proper for stop
688.
The
;
teeth are
more by cold drink,
or the
like, affected
double
than the other parts. The cause is the one, for that the resistance of bone
pings in the head of this kind is fumitory, which and a number of others. is proper for the spleen Generally, divers creatures bred of putrefaction, though they be somewhat loathsome to take, are
: :
to cold is greater than of flesh, for that the flesh
of this kind, as earth-worms, timber-sows, snails,
bone resisteth, whereby the &c. And I conceive that the trochisks of vipers, more eager: the other is, for that which are so much magnified, and the flesh of the teeth are parts without blood whereas blood snakes some ways condited and corrected, which helpeth to qualify the cold and therefore we see of late are grown into some credit, are of the same that the sinews are much affected with cold, for nature. So the parts of beasts putrefied, as casthat they are parts without blood so the bones toreum and musk, which have extreme subtile in sharp colds wax brittle and therefore it hath parts, are to be placed amongst them. We see been seen, that all contusions of bones in hard also, that putrefactions of plants, as agaric and weather are more difficult to cure. Jews-ear are of greatest virtue. The cause is,
slirinketh, but the.
cold becometh
for that putrefaction is the subtilest of all
motions
Experiment
solitary touching the tongue.
689. It hath been noted, that the tongue receiveth more easily tokens of diseases than the other parts, as of heats within, which appear
in the parts of bodies; and since we cannot take down the lives of living creatures, which some
down, would make us immortal
of the Paracelsians say, if they could be taken the next is for ;
most pyed
part,
in the
blackness of the tongue.

are spotted
Again,
subtilty of operation, to take bodies putrefied, such
The cause
in their tongues, &c. as is, no doubt, the tenderness of the which whereby receiveth more easily all
cattle
may
be safely taken.
Experiments in consort touching Venus.
alterations, than
any other parts of the
flesh.
693. It hath been observed by the ancients, that much use of Venus doth dim the sight: and
Experiment
690.
solitary touching the taste.
When
the
mouth
is
out of taste,
sometimes salt, chiefly sometimes loathsome, but never sweet.

ttfings taste
yet eunuchs which are unable to generate, are maketh nevertheless also dim-sighted. The cause of bitter, and dimness of sight in the former, is the expense of
it
The
spirits;
in the latter, the over-moisture of the

for
cause
is,
the corrupting of the moisture about the
brain
the over-moisture of the brain doth
tongue, which many times turneth bitter, and thicken the spirits visual, and obstmcteth their salt, and loathsome; but sweet never: for the passages, as we see by the decay in the sight in rest are degrees of corruption. age, where also the diminution of the spirits concurreth as another cause
:
we
see also that blind
Experiment
691. It
solitary touching some prognostics of ness pestilential seasons.
cometh by rheums and

all
cataracts.
Now
in
in the great plague of the last year, that there were seen, in divers ditches
was observed
the notes of moisture, as the swelling of their thighs, the looseness of their
eunuchs, there are
belly, the smoothness of their skin, &c. and low grounds about London, many toads that 694. The pleasure of the act of Venus is the had tails two or three inches long at the least ; greatest of the pleasures of the senses : the whereas toads usually have no tails at all. matching of it with itch is improper, though that Which argueth a great disposition to putrefaction also be But the causes pleasing to the touch. in the soil and air. It is reported likewise, that are profound. First, all the organs of the senses roots, such as carrots and parsnips, are more so qualify the motions of the spirits, and make sweet and luscious ; n infectious years than in several of motions, and pleasures or
other years.
Experiment
692.
solitary touching special simples for
many species displeasures thereupon, as there be diversities of organs. The instniments of sight, hearing, taste, and smell, are of several frame, and so are th*
parts
for
medicines.
Wise physicians should with
all
dili
well to
make
gence inquire what simples nature yieldeth that sense; have extreme subtile parts, without any mordiorgans, and qualified perforations for the spirits catiou or acrimony for they undermine that to than the five senses pass, there would be more
:
Therefore Scaliger doth generation. the pleasure of generation a s xth and if there were any other differing
NATURAL HISTORY.
neither do
CENT. V*.
we well know whether some beasts crements are the refuse and putrefaction of nou and birds have not senses that we know not ; rishment. Some breed in wood, both growing and the very scent of dogs is almost a sense by and cut down. Query, in what woods most, and We see that the worms with itself. Secondly, the pleasures of the touch are at what seasons ? those of the other senses ; many feet, which round themselves into balls, are greater and deeper than bred chiefly under logs of timber, but not in the as we see in warming upon cold ; or refrige for as the pains of the touch timber ; and they are said to be found also ration upon heat many are greater than the offences of other senses ; so times in gardens, where no logs are. But it likewise are the pleasures. It is true that the af seemeth their generation requireth a coverture, fecting of the spirits immediately, and, as it were, both from sun and rain or dew, as the timber is ; without an organ, is of the greatest pleasure, and therefore they are not venemous, but contra which is but in two things; sweet smells and riwise are held by the physicians to clarify the wine, and the like sweet vapours. For smells, blood. It is observed also, that cimices are found we see their great and sudden effect in fetching in the holes of bedsides. Some breed in the
:
men
again
when they swoon
for drink,
is
it is
cer
hair of living creatures, as lice
and tikes
which
next the are bred by the sweat close kept, and somewhat The excrements of living pleasure of Venus ; and great joys likewise make arefied by the hair. and the creatures do not only breed insecta when they the spirits move and touch themselves
tain that the pleasure of
:
drunkenness
are excerned, but also while pleasure of Venus is somewhat of the same kind. they are in the body ; 695. It hath been always observed that men as in worms, whereto children are most subject, are more inclined to Venus in the winter, and and are chiefly in the guts. And it hath been women in the summer. The cause is, for that lately observed by physicians, that in many pes the spirits, in a body more hot and dry, as the tilent diseases, there are worms found in the
spirits of
men
are,
by the summer are more ex
haled and dissipated; and in the winter morecondensefl and kept entire ; but in bodies that are
cold and moist as
upper parts of the body, where excrements are Fleas breed not, but only humours putrefied.
principally of straw or mats, where there hath little moisture ; or the chamber and bed-
women
s are, the
summer doth been
cherish the spirits, and calleth them forth ; the winter doth dull them. Furthermore, the absti
straw kept close and not aired.
It is
received
nence, or intermission of the use of Venus in moist and well habituate bodies, breedeth a num ber of diseases
:
that they are killed by strewing wormwood in the rooms. And it is truly observed, that bitter things are apt rather to kill, than engender putre
thumations.
The reason
and especially dangerous impos- faction ; and they be things that are fat or sweet is evident ; for that it is a that are aptest to There is a worm that putrefy.
principal evacuation, especially of the spirits; for of breedeth in meal, of the shape of a large white mag the spirits there is scarce any evacuation, but in got, which is given as a great dainty to nightin
Venus and
of either of
exercise.
And therefore
all
the omission
gales.
nifices
The moth breedeth upon

;
cloth and other la
them breedeth
diseases of repletion.
the insecta.
especially
wet.
It
candle.
they be laid up dankish and delighteth to be about the flame of a There is a worm called a wevil, bred
if
:
under ground, and that feedeth upon roots as Some breed in waters, parsnips, carrots, &c. better perceived in small than in great; and in especially shaded, but they must be standing than in perfect ; and in parts than in waters ; as the water-spider that hath six legs. imperfect
is
The
:
nature of vivification
very worthy the in

is
quiry
and as the nature of things
commonly
whole so the nature of vivification

;
is
best inquired
The
that
is
fly called
in creatures, bred of putrefaction.
The contem
swimmeth upon
the gad-fly, breedeth of somewhat the top of the water, and
plation whereof hath many excellent fruits. Se First, in disclosing the original vivification. condly, in disclosing the original of figuration.
most about ponds. There is a worm that breed eth of the dregs of wine decayed ; which after wards, as is observed by some of the ancients,
Thirdly, in disclosing many things in the nature turneth into a gnat. It hath been observed by of perfect creatures, which in them lie more the ancients, that there is a worm that breedeth hidden. And fourthly, in traducing, by way of in old snow, and is of colour reddish, and dull of
some observations on the insecta, to motion, and dieth soon after it cometh out of the work effects upon perfect creatures. Note, that snow. Which should show, that snow hath in the word insecta agreeth not with the matter, but it a secret warmth for else it could hardly vivify. we ever use it for brevity s sake, intending by it And the reason of the dying of the worm, may
operation,
;
creatures bred of putrefaction. 696. The insecta are found to breed out of se
veral matters:
some breed of mud

&c.
earthworms,
eels, snakes,
:
dung; as the For they are both

or
be the sudden exhaling of that little spirit, as soon as it cometh out of the cold, which had shut it in. For as butterflies quicken with heat, which were benumbed with cold so spirits may
;
for water in mud doth putrefy, as exhale with heat, which were preserved in cold. putrefactions not able to preserve itself; and for dung, all ex It is affirmed both by the ancient and modern
CENT. VII.
NATURAL HISTORY.
03
HiMTvation, that in furnaces of copper and brass, win it- ehalrites, which is vitriol, is often cast in to mrml the working, there riseth suddenly a fly,
therefore imagination ; and whereas some of the ancients have said, that their motion is indi -t r-
wind sometimes moveth

in the fire
;is
if it
took hold
is
<>f
the
walls of the furnace: sometimes
seen moving
and their imagination indefinite, it is neg go right forward to their hills, and bees do admirably know the way
iiiinatr,
ligently observed; for ants
below; and dieth presently as soon as it is out of the furnace which is a noble instance, and worthy to be weighed; for it showeth, that
:
their hives.
tluir
from a flowery heath twc or three miles off to It may be, gnats and flies have
us
rt
ell violent heat of
fire,
as the gentle heat of
imagination more rr utable and giddy, as small birds likewise have. It is said by some
of the ancients, that they have only the sense of for if they feeling, which is manifestly untrue
:
livincr creatures, will vivify, if it
portionable. ti in is, that there
Now
have matter pro great axiom of vivificamust be heat to dilate the spirit
the
; ;
of the body ; an active spirit to be dilated viscous or tenacious to hold in the spirit
must needs have matter sight; besides, they delight more in one flower or
go
forth right to a place, they
and
that matter to be put forth and figured. a spirit dilated by so ardent a fire as that of the
Now
herb than in another, and therefore have taste and bees are called with sound upon brass, and therefore they have hearing; which showeth like
furnace, as soon as ever
it
cooleth never so
little,
congealeth presently.
is
And, no doubt, this action furthered by the chalcites, which hath a spirit
wise, that though their spirit be diffused, yet there is a seat of their senses in their head.
Other observations concerning the insecta, to

gether with the enumeration of them, we refer to that place, where we mean to handle the title of
that will put forth and germinate, as
we
see in
chymical
trials. Briefly, most things putrefied bring forth insecta of several names; but we will iiot take upon us now to enumerate them all.
animals in general.
697.
The
insecta have been noted

:
by the an
Experiment
699.
solitary touching leaping.
but this hath not been dili gently observed ; for grasshoppers eat up the green of whole countries and silk-worms devour leaves
cients to feed little
;
A man
hands than without.

weight,
leapeth better with weights in his The cause is, for that the
It is swiftly; and ants make great provision. true, that creatures that sleep and rest much, eat
if it be proportionable, strengthened the For otherwise, sinews by contracting them. where no contraction is needful, weight hinder-
as dormice and bats, &c. They are all without blood which may be, for that the juice is almost all one; not blood, and flesh, and skin, and bone, as in perfect creatures
little;
:
eth.
As we
to foresee, that there
see in horse-races, men are curious be not the least weight upon
of their bodies
the one horse
more than upon the
other.
In leap
the integral parts have extreme variety, but the similar parts little. It is true, that they have,
ing with weights the arms are first cast back wards, and then forwards, with so much the
greater force
;
for the
hands go backward before

the contrary mo before the motion
some of them, a diaphragm and an intestine; and they take their rise. Query, if they have all skins; which in most of the insecta tion of the spirits,. immediately
are cast often.
life
;
intend, doth not cause the spirits as it were break forth with more force 1 as breath also, and snakes are thought, the rather for the casting drawn and kept in, cometh forth more forcibly of their spoil, to live till they be old: and eels, and in casting of any thing, the arms, to make a which many times breed of putrefaction, will live greater swing, are first cast backward.
They
are not generally of long
we
yet bees have been
known to live seven years
to
and grow very long: and those that interchange from worms to flies in the summer, and from flies
to
in the winter, four years at the least.

flies that
worms
have been kept in boxes
the pleasures and dis pleasures of the senses, especially of hearing.
Yet
there are certain
The cause
brought
sounds, as of a saw when it is sharpened grind ing of one stone against another; squeaking or and other shrieking noise ; make a shivering or horror in flies, revive easily when they seem dead, being the body, and set the teeth on edge. The cause brought to the sun or fire. The cause whereof is, for that the objects of the ear do affect the is the diffusion of the vital spirit, and the easy spirits, immediately, most with pleasure and
;
ephemera that live but a day. the exility of the spirit, or perhaps the absence of the sun; for that if they were
is
in, or
are called
700. Of musical tones and unequal sounds we have spoken before; but touching the pleasure and displeasure of the senses, not so fully. Harsh
kept close, they might live longer.

insecta,
Many
of the
as
butterflies
dilating of
it
by a
little
heat.
otf,
They
stir
a good
offence.
We
see there is no colour that affect-
while after their heads are
or that they be cut
in pieces; which is caused also, for that their vital spirits are more diffused throughout all their parts, and less confined to organs than in perfect creatures.
the eye much with displeasure: there be sights that are horrible, because they excite the
eth
memory
the
of things that are odious or fearful

little aftVct.
but
fo
same things painted do

affect
As
smells, tastes, and touches, they be things that
698.
The
insecta have voluntary motion, and
do
by
a participation or impulsion of the
NATURAL HISTORY.
body of the object. So it is sound alone that doth immediately and incorporeally affect most; tins is most manifest in music, and concords and
discords in music
the
CENT. VIII.
nightUlftfapip of a regal ; and in a discord straight falling upon a concord; but if you stay upon it, it is offensive and therefore there be
:
sounds, whether they be sharp or flat, if they be sweet, have a round ness and equality; and if they be harsh, are un equal ; for a discord itself is but a harshness of
;
for all
these three degrees of pleasing and displeasing in sounds, sweet sounds, discords, harsh sounds, which we call by divers names, as shrieking 01
grating, such as we now speak of. As for the set ting of the teeth on edge, we see plainly what an intercourse there is between the teeth and the organ
It is true that inequality divers sounds meeting. not stayed upon, but passing, is rather an increase
of sweetness
as in the purling of a wreathed
string; and in the raucity of a trumpet; and in
of the hearing, by the taking of the end of a bow between the teeth, and striking upon the string.
CENTURY
Experiment
solitary touching veins of medicinal earth.
VIII.
at some good distance from and besides, it may be, the fish will eat 701. THERE be minerals and fossils in great the pleasanter, and may fall to breed. And it is variety; but of veins of earth medicina.1, but few; said, that Colchester oysters, which are put into the chief are, terra lemnia, terra sigillata communis, pits, where the sea goeth and cometh, but yet so and bolus armenus; whereof terra lemnia is the that there is a fresh water coming also to them
may have them new

:
the sea
The virtues of them are, for curing of when the sea voideth, become by that means wounds, stanching of blood, stopping of fluxes, fatter, and more grown. and rheums, and arresting the spreading of attraction by simili poison, infection, and putrefaction: and they Experiment solitary touching tude of substance. have of all other simples the perfectest and purest 704. The Turkish bow giveth a very forcible quality of drying, with little or no mixture of any other quality. Yet it is true, that the bole- shoot; insomuch as it hath been known, that the armoniac is the most cold of them, and that terra arrow hath pierced a steel target, or a piece of lemnia is the most hot, for which cause the island brass of two inches thick: but that which is more Lemnos, where it is digged, was in the old fabu s trange, the arrow, if it be headed with wood, lous ages consecrated to Vulcan. hath been known to pierce through a piece of wood
chief.
Experiment
growth of sponges.
702. About the bottom of the Straits are ga thered great quantities of sponges, which are ga thered from the sides of rocks, being as it were
a large but tough moss. It is the more to be noted, because that there be but few substances, within the sea; for plant-like, that grow deep
And it is certain, that we of eight inches thick. had in use at one time, for sea fight, short arrows, which they called sprights, without any other
heads, save wood sharpened which were dis charged out of muskets, and would pierce through the sides of ships where a bullet would not pierce.
:
But
this
crets in all nature;
dependeth upon one of the greatest se which is, that similitude of
they are gathered sometimes fifteen fathom deep and when they are laid on shore, they seem to be of great bulk; but crushed together, will be transported in a very small room.
:
is
substance will cause attraction, where the body wholly freed from the motion of gravity : for
were taken away, lead would draw lead, and gold would draw gold, and iron would draw But this iron, without the help of the loadstone. same motion of weight or gravity, which is a Experiment solitary touching sea-Jish put in fresh motion of the matter, and hath no affinity mere waters.
if that
salt
We
703. It seemeth that fish that are used to the water do nevertheless delight more in fresh. see. that salmons and smelts love to get into
with the form or kind, doth kill the other motion, as in except itself be killed by a violent motion, these instances of arrows; for then the motion
of attraction
similitude of substance beginneth
by though it be against the stream. At the show itself. But we shall handle this point h&ven of Constantinople you shall have great to from the Euxine sea, of nature fully in due place. quantities of fish that come t!i;u when they come into the fresh water, do indrinks in Experiment solitary touching certain p.oriate, and turn up their bellies, so as you may Turkey. take them with your hand. I doubt there hath 705. They have in Turkey and the east certain not been sufficient experiment made of putting It is confections, which they call servets, which are sea-fish into fresh water ponds, and pools. A thing of great use and pleasure for so you like to candied conserves, and are made of sugar
rivers,
;
CCNT. Mil.
NATURAL HISTORY.
issueth, chiefly, out of the parts that are less and more dry; as the forehead and breast. lh
>hy,
and lemons, or sugar and citrons, or suîr and violets, and OBhB Oiher flowen { and some ini.\.
709. Men sui.it more in sir. -p than waking; and yet sleep doth rather stay other fluxions, than cause them ; as rheums, looseness of the body, their law. But I do much marvel, that no Kng- &c. The cause is, for that in sleep the heat and lislnnan. or Dutchman, or German, doth set up spirits do naturally move inwards, and there rest. hri \\inir in Constantinople; considering they But when they are collected once within, the heat have such quantity of barley. For as for the becometh more violent and irritate ; and thereby sort of men, frugality may be the cause expelleth sweat. ofdrinkin-r water: for that it is no small 710. Cold sweats are, many times, mortal, and saving to p.iy for one s drink but the better near death and always ill, and suspected as in nothing sort mijrht well be at the cost. And I wonder great fears, yet hypochondriacal passions, &c. The the less at it, because I see France, Italy, or cause is, for that cold sweats come by a relaxation Spain, have not taken into use beer or ale; or forsaking of the spirits, whereby the moisture
mlier for the
more delicate persons
and
:hose they dissolve in water, and therefore make their drink, because they are forbidden wine by
<reiier,il
which, perhaps, if they did, would better both of the body, which heat did keep firm in the parts, their healths and their complexions. It is likely severeth and issueth out. it would be matter of 711. In those diseases which cannot be dis^ great gain to any that should begin it in Turkey. charged by sweat, sweat is ill, and rather to be stayed; as in diseases of the lungs, and fluxes of the belly but in those diseases which are expelled Experiments in consort touching sweat. 706. In bathing in hot water, sweat, neverthe by sweat, it easeth and lighteneth; as in agues, The cause is, for that sweat in less, cometh not in the parts under the water. pestilences, &c. The cause is ; first, for that sweat is a kind of the latter sort is partly critical, and sendeth forth but in the former, it colliquation, and that kind of colliquation is not the matter that oftendeth made either by an over-dry heat, or an over-moist either proceedeth from the labour of the spirits, heat: for over-moisture doth somewhat extin which showeth them oppressed ; or from motion guish the heat, as we see that even hot water of consent, when nature, not able to expel the fire ; and disease where it is seated, moveth to an expulsion quencheth over-dry heat shutteth the pores and therefore men will sooner sweat co indifferent over all the body. vered before the sun or fire, than if they stood naked and earthen bottles, filled with hot water, Experiment solitary touching the gf/otu-tfor/w. do provoke in bed a sweat more daintily than 712. The nature of the glow-worm is hitherto brick-bats hot. Thus much we see: that Secondly, hot water doth cause not well observed. evaporation from the skin so as it spendeth the they breed chiefly in the hottest months of sum matter in those parts under the water, before it mer; and that they breed not in champain, but in issueth in sweat. Again, sweat cometh more bushes and hedges. Whereby it may be con plentifully, if the heat be increased by degrees, ceived, that the spirit of them is very fine, and not than if it be greatest at first, or equal. The to be refined but by summer heats and again, cause is, for that the pores are better opened by that by reason of the fineness, it doth easily ex a gentle heat, than by a more violent ; and by hale. In Italy, and the hotter countries, there is their opening, the sweat issueth more abundantly. a fly they call lucciole, that shineth as the glow And therefore physicians may do well when they worm doth ; and it may be is the flying glow provoke sweat in bed by bottles, with a decoction worm. But that fly is chiefly upon fens and of sudorific herbs in hot water, to make two de marshes. But yet the two former observa grees of heat in the bottles; and to lay in the tions hold ; for they are not seen but in the heat bed the less heated first, and after half an hour, of summer; and sedge, or other green of the
: :
: :
the more heated.
fens, give as
;
good shade as bushes.
It
may
be
707. Sweat
is salt in taste
the cause
is, for
the
glow-worms of the cold countries ripen not
that that part of the nourishment which is fresh and sweet, turneth into blood and flesh : and the
so far as to be winged.
the impressiont only that part which is separate and ex- Experiments in consort touching which the passions of the mind make upon the body, Blood also raw hath some saltness more than flesh because the assimilation into flesh is 71.3. The passions of the mind work upon the not without a little and subtile excretion from the body the impressions following. Fear causeth blood. paleness, trembling, the standing of the hair up 708. Sweat cometh forth more out of the up The paleness is right, starting, and shrieking. per parts of the body than the lower; the reason caused, for that the blood runneth inward to suois, because those parts are more replenished with onur the heart. The trembling is caused, for that and the spirits are they that put forth spirits through the flight of the spirits inward, the out sweat : besides, they are less fleshy, and sweat ward parts are destituted, and not sustained.
sweat
is
cerned.
NATURAL HISTORY.
Standing upright of the hah is caused, for that by the shutting of the pores of the skin, the hair
that licth aslope
CENT. VIII.
must needs
rise.
Starting
is
Anger causeth paleness in some, and the going and coming of the colour in others also trembling in some: swelling, foaming at the
716.
:
that kind
both an apprehension of the thing feared, and in it is a motion of shrinking, and like
!
inmitli,
stamping, bending of the
fist.
Paleness,
wise an inquisition in the beginning, what the matter should be, and in that kind it is a motion of erection, and therefore when a man would
listen suddenly to
any thing, he starteth ; for the starting is an erection of the spirits to attend. Screeching is an appetite of expelling that which
:
and coming of the colour, are caused by the burning of the spirits about the heart; which to refresh themselves, call in more spirits And if the paleness be from the outward parts. alone, without sending forth the colour again, it
Lr "ing
and
suddenly striketh the spirits for it must he noted, many motions, though they be unprofitable sending forth of the spirits in an appetite to to expel that which hurteth, yet they are offers revenge. Trembling in anger is likewise by of nature, and cause motions by consent, as in a calling in of the spirits; and is commonly or crying upon pain. when anger is joined with fear. Swelling is groaning, 714. Grief and pain cause sighing, sobbing, caused, both by a dilatation of the spirits by over groaning, screaming, and roaring; tears, distort heating, and by a liquefaction or boiling of the
that
commonly joined with some fear; but in many there is no paleness at all, but contrariwise red ness about the cheeks and gills; which is by the
is
ing of the face, grinding of the teeth, sweating. humours thereupon. Foaming at the mouth is Sighing is caused by the drawing in of a greater from the same cause, being an ebullition. Stamp quantity of breath to refresh the heart that labouring, and bending of the fist, are caused by an eth like a great draught when one is thirsty. imagination of the act of revenge. 717. Light displeasure or dislike causeth shak Sobbing is the same thing stronger. Groaning, and screaming, and roaring are caused by an ing of the head, frowning and knitting of the
:
appetite of expulsion, as hath been said : for when the spirits cannot expel the thing that hurteth, in
their strife to do it, by motion of consent, they expel the voice. And this is when the spirits for if one do con yield, and give over to resist
:
brows.
These
effects arise
from the same causes
that trembling and horror do : namely, from the For retiring of the spirits, but in a less degree.
nite trembling
the shaking of the head is but a slow and defi and is a gesture of slight refu ;
Tears are sal; and we see also, that a dislike causeth, often, stantly resist pain, he will not groan. caused by a contraction of the spirits of the brain that gesture of the hand, which we use when we
:
which contraction by consequence astringeth the refuse a thing, or warn it away. The frowning moisture of the brain, and thereby sendeth tears and knitting of the brows is a gathering, or ser into the eyes. And this contraction or compres ring of the spirits, to resist in some measure. sion causeth also wringing of the hands; for And we see also this knitting of the brows will wringing is a gesture of expression of moisture. follow upon earnest studying, or cogitation of The distorting of the face is caused by a conten any thing, though it be without dislike.
tion, first to bear
and
resist,
and then
to expel
parts knit first, and afterwards open. Grinding of the teeth is caused likewise, a gathering and serring of the spirits together by
to resist,
which maketh the
Shame causeth blushing, and casting of the eyes. Blushing is the resort of blood to the face ; which in the passion of shame
718.
down
is
which .maketh the teeth also
to sit
hard
one against another. Sweating is pound motion, by the labour of the

to resist,
also a
com
And although the part that laboureth most. the blushing will be seen in the whole breast if it be naked, yet that is but in passage to the
face. As for the casting down of the eyes, it proceedeth of the reverence a man beareth to other men ; whereby, when he is ashamed, he cannot
:
spirits, first
and then
to expel.
715. Joy causeth a cheerfulness and vigour in

the eyes, singing, leaping, dancing, and some times tears. All these are the effects of the dila
tion
endure to look firmly upon others and we see, that blushing, and the casting down of the eyes and coming forth of the spirits into the out both, are more when we come before many ; ore ward parts which maketh them more lively and Pompeii quid mollius 1 nunquam non coram pluWe know it hath been seen, that ex ribus erubuit and likewise when we come be stirring. cessive sudden joy hath caused present death, fore great or reverend persons. while the spirits did spread so much as they could 719. Pity causeth sometimes tears; and a flex not retire again. As for tears, they are the effects ion or cast of the eye aside. Tears come from of compression of the moisture of the brain, upon the same cause that they do in grief: for pity is dilatation of the spirits. For compression of the but grief in another s behalf. The cast of the spirits worketh an expression of the moisture of the eye is a gesture of aversion, or loathness to behold brain by consent, as hath been said in grief. But the object of pity. th-n in joy, it workelh it diversely, viz. by pro 720. Wonder causeth astonishment, or an im
"
:"
pulsion of the moisture,
when
the spirits dilate,
moveable posture of the body
casting up of the
aad occupy more room.
eyes to heaven, and lifting up of the hands.
Foi
CENT. VIII.
nKtonishnirnt,
it
\\TI-K.\I.
is
HISTORY.
rous parts: in fear and airjrr to the heart to the face and in light dislikes to the he. id.
: i
mused hy
<>(
the fixing of the
mind upon
dnth
lint
<mr
ohjeet
cogitation,
It
t
i
spatl
ite
and
trans- ur, us
usrtli;
-,\r
;
hrreliy lor
it
ill
Experiments in consort touching drnnkenneu. 723. It hath been observed by the am-ients, :md the casting up of the eyes, and lifting up of the is yet believed, that the sperm of drunken men is hands, il is a kind of appeal to th Deity, which unfruitful. The cause is, for that it is over-moist cue author, by power and providence, of ened, and wanteth spissitude: and we have a i merry saying, that they that go drunk to bed get strange wonders.
wonder the
vttle, ninl arc
spirits fly not, as in made less apt to
but only
move.
As
for
7-JI.
I,;ui.r|iingcausethadilatationofthemouth
and lips; a continual expulsion of the breath, with the loud noise, which maketh the interjec tion of laughing; shaking of the breast and sides ;
of the eyes with water, if it be violent and continued. Wherein first it is to be under
daughters. 724. Drunken

fect, or
men are taken with a plain de destitution in voluntary motion. They
reel
miming
strongly.
they tremble ; they cannot stand nor speak The cause is, for that the spirits of the
stood,
sion,
for in
that laughing
but
hath
its
scarce properly a pas source from the intellect ;

is
laughing there ever precedeth a conceit of
wine oppress the spirits animal, and occupy part of the place where they are, and so make them weak to move. And therefore drunken men are apt to fall asleep and opiates, and stupefactives,
:
somewhat ridiculous, and therefore it is proper to as poppy, henbane, hemlock, &c., induce a kind man. Secondly, that the cause of laughing is of drunkenness, by the grossness of their vapour, but a light touch of the spirits. And not so deep as wine doth by the quantity of the vapour. Be
And there sides, they rob the spirits animal of their matter, with the pas whereby they are nourished for the spirits of the sions of the mind, it is moved, and that in great wine prey upon it as well as they and so they vehemency, only by tickling some parts of the make the spirits less supple and apt to move. 725. Drunken men imagine every thing turnbody and we see that men even in a grieved state of mind, yet cannot sometimes forbear laugh eth round: they imagine also that things come it is ever with some degree upon them: they see not well things afar off; ing. Thirdly, joined of delight and therefore exhilaration hath some those things that they see near hand, they see with joy, though it be a much lighter mo out of their place ; and sometimes they see things affinity
an impression as
fore, that
in other passions.
affinity
which hath no
tion:
"res
that
the
shrewd
severaestverumgaudium." Fourthly, object of it is deformity; absurdity, to speak of the turns, and the like.
double.
The cause
of the
imagination that
Now
causes of the effects before mentioned whereunto these general notes give some light. For the di
latation of the
things turn round is, for that the spirits them selves turn, being compressed by the vapour of the wine, for any liquid body upon compression
turneth, as we see in water, and it is all one to the sight, whether the visual spirits move, or the
mouth and
lips,
continued expul
sion of the breath and voice, and shaking of the breast and sides, they proceed, all, from the dila
tation of the spirits;
So likewise,
especially being sudden. the running of the eyes with water,
And we object moveth, or the medium moveth. see that long turning round breedeth the same imagination. The cause of the imagination that
things come upon them is, for that the spirits visual themselves draw back ; which maketh the
object seem to come on ; and besides, when they see things turn round and move, fear maketh them
as hath been formerly touched, where we spake of the tears of joy and grief, is an effect of dilata
tion of the spirits. And for suddenness, it is a for we see, that any great part of the matter
:
think they come upon them. The cause that they shrewd turn that lighteth upon another or any cannot see things afar off, is the weakness of the moveth laughter in the instant, spirits for in every megrim or vertigo there is an deformity, &c., which after a little time it doth not. So we can obtenebration joined with a semblance of turning not laugh at any thing after it is stale, but whilst round which we see also in the lighter sort of it is new and even in tickling, if you tickle the swoonings. The cause of seeing things out of their place, is the refraction of the spirits visual ; tides, and give warning, or give a hard or conti nued touch, it doth not move laughter so much. for the vapour is as an unequal medium and it 722. Lustcauseth a flagrancy in the eyes, and is as the sight of things outof place in water. The The cause of both these is, for that cause of seeing things double, is the swift and priapism. in lust, the sight and the touch are the things unquiet motion of the spirits, being oppressed, to desired, and therefore the spirits resort to those and fro for, as was said before, the motion of which are most affected. And note well the spirits visual, and the motion of the object, parts in general, for that great use may be made of the make the same appearances; ana for the swift
;
;
we see that if you fillip a showeth double or treble. or are most affected. As in the last which hath 726. Men are sooner drunk with small draughts been mentioned, they resort to the eyes and vene- than with great. And again, wine sugared ine VOL. II. 13 1
>Sservation,
that,
sions, resort
most
evermore, the spirits in all pas to the parts that labour most,
motion of the object,

it
lute-string,
NATURAL HISTORY.
wine pure. The cause of the is, for that the wine descendeth not so fast bottom of the stomach, but maketh longer stay in the upper part of the stomach, and send(!th vapours faster to the head ; and therefore inebriateth less than
CENT. VIIT,
rosive;
former
to the
strong
said to
anti
make
the pine-apple hath a kernel that ia abstersive : the fruit of the brier is children, or those that eat them,
scabbed.
And
therefore no marvel, though can
briateth sooner.
And
for the
same reason, sops
tharides have such a corrosive and cauterising quality ; for there is not any other of the insecta,
in wine, quantity for quantity, inebriate more than wine of itself. The cause of the latter is, for that
but
is
bred of a duller matter.

is
The body
of the
cantharides
likewise some corrosive quality. thought to be some remedy wine sugared be taken after Experiments in consort touching lassitude. wine pure. And the same effect is wrought either 730. Lassitude is remedied by bathing, or by oil or milk, taken upon much drinking. anointing with oil and warm water. The cause
pour.
the sugar doth inspissate the spirits of the wine, and maknth them not so easy to resolve into va
bright coloured; and it may be, that the delicate coloured dragon-flies may have
Nay
farther,
it is
against inebriating,
if
is, for
that all lassitude is a kind of contusion,
and bathing and ; anointing give a relaxation or emollition ; and the mixture of oil and water is better than either of 727. The use of wine in dry and consumed bodies is hurtful ; in moist and full bodies it is them alone ; because water entereth better into good. The cause is, for that the spirits of the the pores, and oil after entry softeneth better. It wine do prey upon the dew or radical mois is found also, that the taking of tobacco doth help The reason whereof is, ture, as they term it, of the body, and so deceive and discharge lassitude. the animal spirits. But where there is mois partly, because by cheering or comforting of the
Experiment
solitary touching the help or hurt of wine, though moderately used.
and compression of the parts
ture
ligest,
enough, or superfluous, there wine helpeth and desiccate the moisture.

solitary touching caterpillars.
to
spirits, it
openeth the parts compressed or conit
used
and chiefly because
refresheth the spirite
Experiment
728. The caterpillar is one of the most general of worms, and breedeth of dew and leaves; for we see infinite number of caterpillars which breed
by the opiate virtue thereof, and so dischargeth weariness, as sleep likewise doth. 31. In going up a hill, the knees will be most
weary;
cause
in
going down a
that in the
lift
hill,
the thighs.
The
is, for
upon
trees
trees or
and hedges, by which the leaves of the hedges are in great part consumed ; as
well by their breeding out of the leaf, as by their feeding upon the leaf. They breed in the spring
chiefly,
joeth up the hill, most upon the knees upon the thighs.
of the feet, when a man the weight of the body beareth

;
and in going down the
hill,
because then there
is
both
dew and
is,
leaf.
Experiment
732.
And
they breed
commonly when
;
;
the east winds
and
solitary touching the casting of the skin shell in some creatures.
have much blown
the cause
whereof
the
The
dryness of that wind
for to all vivification
upon compared
to the
casting of the skin is by the ancients breaking of the secundine, or

:
putrefaction, it is requisite the matter be not too îoist : and therefore we see they have cobwebs
caul, but not rightly casting of the skin a
for that
new
birth
were to make every and besides, the

:
bout them, which is a sign of a slimy dryness ; as we see upon the ground, whereupon, by dew
,.
and sun, cobwebs breed
all over.
We see
also
but a general cover, not shaped ac cording to the parts, but the skin is shaped ac cording to the parts. The creatures that cast
is
secundine
ish, the hodmandod or dedman, the tortoise, &c. fat leaf, and apt to putrefy. The The old skins are found, but the old shells never : towards the end of summer, waxeth so as it is like, they scale off, and crumble awaj caterpillar, volatile, and turneth to a butterfly, or perhaps y degrees. And they are known by the extreme some other fly. There is a caterpillar that hath a tenderness and softness of the new shell, and
the green caterpillar breedeth in the inward parts of roses, especially not blown, where the dew sticketh; but especially caterpillars, both the greatest, and the most, breed upon cabbages,
skin are, the snake, the viper, the grasshopthe lizard, the silk-worm, &c. Those that :ast their shell are, the lobster, the crab, the craw;heir
>er,
which have a
fur or
down upon
it,
and seemethto have
affinity
with the sLk-worm.
somewhat by the freshness of the colour of it The cause of the casting of skin and shell should seem to be the great quantity of matter in those
reatures that is
fit

729.
the flies cantharides.
to
make
skin or shell
and
The
flies
cantharides are bred of a
worm
or caterpillar, but peculiar to certain fruit-trees; as are the fig-tree, the pine-tree, and the wild
hrier; all which bear sweet fruit, and fruit that hath a kind of secret biting or sharpness: for e fig hath a milk in it that is sweet and cor
gain, the looseness of the skin or shell, that ticketh not close to the flesh. For it is certain,
hat
)ld
:
it is
the
new
so
we
see, that in deer
skin or shell thatputteth off the it is the young horn
hat putteth off the old ; and in birds, the young eathers put off the pld : and so birds that have
CNT.
VIII.
NATURAL HISTORY.
their beaks, the
Jlj-jn
pg
much matter for their beak, cast new beak putting oil the old.
Erp-rinunti in contort touching
riment solitary, touching medicines that condense
and
relieve the sprits.
738.
the postures oftht
coflee,
They have in Turkey made of a berry of the

;
a drink
called
same: name, as
tlie
body. 733. Lying not erect, but hollow, which is in of the bed ; or with the. legs gathered making
black as soot, and of a strong scent, but not aromatical which they take, beaten into powder, in
water, as hot as they can drink
it:
and they take
which is in the posture of the body, is the it, and sit at it in their coffee-houses, which are more wholesome. The reason is, the better com like our taverns. This drink comforteth the brain forting of thu stomach, which is by that less pen- and heart, and helpeth digestion. Certainly this
up,
silt ,md we see that in weak stomachs, the lay ing up of the lens hinli, and the knees almost to
:
berry coffee, the root and leaf beetle, the leaf to bacco, and the tear of poppy, opium, of which the
the mouth, helpeth and comforteth. see also, that galley-slaves, notwithstanding their misery otherwise, are commonly fat and fleshy ; and the
We
Turks are great

all fear,
reason
is,
what
ing.
in sitting,
because the stomach is supported some and is pensile in standing or go
takers, supposing it expelleth condense the spirits, and make them strong and aleger. But it seemeth they are taken after several manners ; for coffee and opium are taken down, tobacco but in smoke, and
do
all
And
to
good
therefore, for prolongation of life, it is choose these exercises where the limbs
the stomach and belly; as in rowing, and in sawing, being set. 734. Megrims and giddiness are rather when we rise after long sitting, than while we sit. The cause is, for that the vapours, which were
move more than
champed in the mouth with a little It is like there are more of them, if they were well found out, and well corrected. Query, of henbane-seed ; of mandrake ; of saffron, root and flower; of folium indum ; of ambergrease ;
beetle is but
lime.
of the Assyrian
of the
scarlet
amomum,
if it
may
be had
call
powder which they
and kermes
;
:
more and, generally, of all such things as do inebriate and provoke sleep. Note, that tobacco is not 735. Leaning long upon any part maketh it taken in root or seed, which are more forcible and as we call it asleep. The cause is, for ever than leaves. numb,
gathered by sitting, by the sudden motion up into the head.
fly
that the compression of the part suffereth not the spirits to have free access ; and therefore when
Experiment
739.
solitary touching paintings of the body.
we come
which
is
out of
it,
we
feel a stinging or pricking,
The Turks have a black powder, made of
the re-entrance of the spirits.
Experiment
pestilential
solitary touching pestilential years. 736. It hath been noted, that those years are
a mineral called alcohol, which with a fine long pencil they lay under their eyelids, which doth colour them black ; whereby the white of the eye
is
set off
more white.
With
the
same powder
into
great numbers of
cause
is
and unwholesome, when there are The frogs, flies, locusts, &c. plain ; for that those creatures being en
they colour also the hairs of their eyelids, and of

their
eyebrows, which they draw
arches.
You
shall find that
embowed Xenophon maketh
gendered of putrefaction,
when
they abound,
show a
general disposition of the year, and con stitution of the air, to diseases of putrefaction.
mention, that the Medes used to paint their eyes. The Turks use with the same tincture to colour
the hair of their heads and beards black.
And
same prognostic, as hath been said be divers with us that are grown gray, and yet would appear young, find means to make their fore, holdeth, if you find worms in oak-apples for the constitution of the air appeareth more hair black, by combing it, as they say, with a
the
:
And
subtilly in
any of these things, than to the sense
of man.
leaden comb, or the like. As for the Chineses, who are of an ill complexion, being olivaster, they
paint their cheeks scarlet, especially their king Experiment solitary touching the prognostics of hard and grandees. Generally, barbarous people, that winters. go naked, do not only paint themselves, but they 737. It is an observation amongst country peo pounce and raise their skin, that the painting may not be taken forth ; and make it into works. ple, that years of store of haws and hips do com monly portend cold winters; and they ascribe it So do the West Indians ; and so did the ancient to God s providence, that, as the so that it seemeth men would Scripture saith, Picts and Britons reacheth even to the falling of a sparrow; and have the colours of birds feathers, if they conld much more is like to reach to the preservation of tell how; or at least they will have gay skins in birds in such seasons. The natural cause also stead of gay clothes. may be the want of heat, and abundance of moisture, in the summer precedent ; which put- Experiment solitary touching the use of bathing and teth forth those fruits, and must needs leave anointing. great 740. It is strange that the use of bathing, aa 9 quantity of cold vapours not dissipated; which causeth the cold of the winter following. With the Romans and Gro of diet, is left. part
;
100
cians
so
it
NATURAL HISTORY.
was as usual as eating or sleeping; and that very day when the river amongst the Turks al this day whereas plagues in Cairo use suddenly
:
CENT. VIII
first riseth,
great
is it
to
break up.
sleep.
with us
am
the
remaineth but as a part of physic. I of opinion, that the use of it, as it was with
it
Romans, was hurtful to health; for that it made the body soft, and easy to waste. For the Turks it is more proper, because that their drink
ing water and feeding upon rice, and other food of small nourishment, maketh their bodies so
744. Those that are very cold, and especially the cause may in their feet, cannot get to sleep
:
be, for that in sleep is required a free respiration, which cold doth shut in and hinder; for we see
and hard, as you need not fear that bathing should make them frothy. Besides, the Turks are great sitters, and seldom walk, whereby they sweat less, and need bathing more. But yet cer tain it is that bathing, and especially anointing, may be so used as it may be a great help to But hereof we health, and prolongation of life. shall speak indue place, when we come to handle
solid
that in great colds, one can scarce draw his Another cause maybe, for that cold callbreath.
eth the spirits to succour, and therefore they can not so well close, and go together in the head,
which is ever requisite to sleep. And for the same cause, pain and noise hinder sleep; and
darkness, contrariwise, furthereth sleep. 745. Some noises, whereof we spake in the hundred and twelfth experiment, help sleep : as
the blowing of the wind, flie trickling of water, humming of bees, soft singing, reading, &c. The
experiments medicinal.
Experiment
741.
solitary touching chambletting of
cause
is,
for that they

;
move
in the spirits a gentle
The Turks have
paper. a pretty art of chamblet
They ting of paper, which is not with us in use. take divers oiled colours, and put them severally,
in drops,
and whatsoever moveth attention with out too much labour stilleth the natural and dis cursive motion of the spirits.
attention
746. Sleep nourisheth, or at least preserveth
upon water, and stir the water lightly, bodies, a long time, without other nourishment. and then wet their paper, being of some thick Beasts that sleep in winter, as it is noted of wild ness, with it, and the paper will be waved and bears, during their sleep wax very fat, though veined, like chamblet or marble. Bats have been found in ovens, eat
they
nothing.
Experiment
742.
all
solitary touching cuttle-ink.
It is somewhat strange, that the blood of birds and beasts and fishes should be of a red
colour, and only the blood of the cuttle should be as black as ink. man would think, that the cause should be the high concoction of that
blood
for we see in ordinary puddings, that the ; boiling turneth the blood to be black; and the cuttle is accounted a delicate meat, and much in
and other hollow close places, matted one upon another and therefore it is likely that they sleep in the winter time, and eat nothing. Query, whether bees do not sleep all winter, and spare and other flies, do not their honey 1 Butterflies, only sleep, but lie as dead all winter; and yet with a little heat of sun or fire, revive again. A dormouse, both winter and summer, will sleep some days together, and eat nothing.
:
request.

solitary touching increase of
earth.
teeth
and hard
substances in the bodies of living creatures.
Experiment
weight in
It
To restore teeth in may be thought of.
age, were magnale naturae. But howsoever, the nature
743. It is reported of credit, that if you take earth from land adjoining to the river of Nile, and preserve it in that manner that it neither come to
of the teeth deserveth to be inquired of, as well as the other parts of living creatures bodies. 747. There be five parts in the bodies of living
creatures, that are of hard substance; the skull, the teeth, the bones, the horns, and the nails.
be wet nor wasted
and weigh
it
daily,
it
will
not alter weight until the seventeenth of June,
which is the day when the river beginneth to rise and then it will grow more and more ponderous, Which if it be till the river cometh to its height. true, it cannot be caused but by the air, which th a beginneth to condense and so turneth with in that suiall mould into a degree of moisture, which produccth weight. So it hath been ob served, that tooacco, cut, and weighed, and then and after being dried by the fire, loseth weight
;
*>
The
is
greatest quantity of hard substance continued
towards the head. For there is the skull of one entire bone there are the teeth ; there are the maxillary bones ; there is the hard bone that is the instrument of hearing; and thence issue the horns ; so that the building of living creatures bodies is like the building of a timber house, where the walls and other parts have columns
;
and beams
houses,
but the roof
is,
in the better sort ot
open air, recovereth weight again. And it should seem, that as soon as ever the river heginneth to increase, the whole body of the air hereabouts sufFereth a change: for, that which
laid in the
is
all tile, or lead, or stone.
As
for birds,
they have three other hard substances proper to them ; the bill, which is of like matter with the the shell of the teeth for no birds have teeth
: :
more btrange,
it is
credibly affirmed, that upon
egg: and
their quills
for as for their spur,
it
is
CENT. VIII.
but a nail.
NATURAL HISTORY.
But no living creatures
tli.it
101
have
shrlls very hard, as oysters,

i.illv
cockles, muscles, scallops, crabs, lobsters, craw-lisli, shrimps, and

rî.ili<-
754. Horses have, at three years old, a tooth and at put forth, which they call the colt s tooth
:
tortoise,
have bones within them,
four years old there cometh the mark tooth, which hath a hole as big as you may lay a pea within
but only little gristles. it, and that wearcth shorter and shorter every year, 71*. Bones, after full growth, continue at a till that at eight years old the tooth is smooth, ft. iv ; and so doth the skull horns, in some and the hole gone and then they say, that the teeth stand at a mark is out of the horse s mouth. creatures, are cast and renewed
: : :
stay, except
their
:
grow continually
parrots.
7
tr
i:>.
wearing: as for nails, they and bills and beaks will over
cast, as in eagles
fly to
755.
The
teeth of
men
breed
first,
when
the
grow, and sometimes be
and
child is about a year and half old : and then they cast them, and new come about seven years old.
But divers have backward

Most of the hard substances
:
teeth
come
forth at
the ex-
twenty, yea some at thirty and forty.

the
tell
Query, of
mi
and beaks
of the body: as skull, horns, teeth, nails, only the bones are more inward, and
manner of
till
the
a tale of the old Countess of
coming of them forth. They Desmond, who
clad with flesh.
As
for the entrails,

is
they are
all
lived
she
was
seven-score years old, hat she
without bones: save that a bone found in the heart of a stag; and
sometimes did dentire twice or thrice, casting her old teeth, may be in and others coming in their place. some other creature. 756. Teeth are much hurt by sweetmeats; and 750. The skull hath brains, as a kind of mar by painting with mercury ; and by things overrow, within it. The back-bone hath one kind of hot; and by things over-cold; and by rheums. marrow, which hath an affinity with the brain; And the pain of the teeth is one of the sharpest and other bones of the body have another. The of pains. 757. Concerning teeth, these things are to be jaw-bones have no marrow severed, but a little 1. The preserving of them. 2. The pulp of marrow diffused. Teeth likewise are considered. to have a kind of marrow diffused, which thought keeping of them white. 3. The drawing of them causeth the sense and pain ; but it is rather with least pain. 4. The staying and easing of sinew for marrow hath no sense, no more than the tooth-ache. 5. The binding in of artificial blood. Horn is alike throughout; and so is the nail. teeth, where teeth have been struckcn out. 6. 751. None other of the hard substances have And last of all, that great one of restoring teeth The instances that give any likelihood sense, but the teeth ; and the teeth have sense, in age.
it
:
not only of pain, but of cold. But we will leave the inquiries of other hard
of restoring teeth in age, are the late coming of teeth in some, and the renewing of the beaks in
birds,
substances unto their several places, and quire only of the teeth.
752.
now
in
therefore,
teeth are, in men, of three kinds : sharp, as the fore-teeth : broad, as the back-teeth, which we call the molar-teeth, or grinders, and
The
And
art
;
which are commaterial with teeth. Query, more particularly how that cometh. But yet that again, the renewing of horns.
hath not been
known
to
therefore let trial
have been provoked bj be made, whether horns
pointed teeth, or canine, which are between both.
But
there have been
their teeth
some
litle
may be procured to grow in beasts that are not some men that have had horned, and how? And whether they may be undivided, as of one whole bone, with procured to come larger than usual, as to make mark in the place of the division, as an ox or a deer have a greater head of horns 1
And whether the head of a deer, that by age is spitted, may be brought again to be more branched ? for these trials, and the like, will show, whether by art such hard matter can be It may he tried, also, called and provoked. whether birds may not have something done to
more
them when they are young, whereby they maybe
|
Pyrrhus had. Some creatures have over-long or out-growing teeth, which we call fangs, or tusks: as boars, pikes, salmons, and dogs, though less. Some living creatures have teeth against teeth, as men and horses; and some have teeth, especially their master-teeth, indented one within another like saws, as lions; and so again have dogs. Some fishes have diverse rows of teeth in the
made to have greater or longer bills; or greater roofs of their mouths, as pikes, salmons, trouts, and longer talons? And whether children may &c. And many more in salt-waters. Snakes! not have some wash, or something to make their
and other serpents have venomous teeth, which teeth better and stronger? Coral is in use as a are siiim times mistaken for their sting. help to the teeth of children. 753. No beast that hath horns hath upper teeth and no beast that hath teeth above wanti th Experiments in consort touching the generation and tin in below: but yet if they be of the same kind, bearing of living cnalurtx in the womb,
j
it
followeth not, that
if
the hard matter goeth not
758.
j
Some
living creatures generate but atcer-
into upper teeth, it will pro into horns, nor yet e cmiviTso ; for does, that have no horns, have no
upper
tctli.
year, as deer, shetp, wild conies, &c., and most sorts of birds and fishes and all others at any time of the year, as men
tain seasons of the
:
It
102
NATURAL HISTOR\.
that
CENT. VIII.
in
domestic creatures, as horses, hogs, clogs, cats, The cause of generation at all seasons &c. seemeth to be fulness for generation is from redundance. This fulness ariseth from two causes; either from the nature of the creature, if it be hot, and moist, and sanguine; or from plenty of food. For the first, men, horses, dogs, &c. which breed at all seasons, are full of heat and moisture; doves are the fullest of heat and moisture amongst birds, and therefore breed often; the tame dove almost
:
are longer
coming
to their
maturity or
growth are longer in the womb; as is cliiHly seen in men : and so elephants, which are long
in the
:
womb,
full
growth.
But
stitution of the
are long time in coming to their in most other kinds, the conwomb, that is, the hardness or
is
dryness thereof,
cause.
;
concurrent with the former
For the colt hath about four years of growth and so the fawn; and so the calf. But whelps, which come to their growth, commonly, But deer are a melancholy dry within three quarters of a year, are but nine weeks continually. As for birds, as there is less di creature, as appeareth by their fearfulness, and in the womb. the hardness of their flesh. Sheep are a cold versity amongst them in the time of bringing so there is less diversity in the time of creature, as appeareth by their mildness, and for forth most of them coming to their that they seldom drink. Most sort of birds are their growth of a dry substance in comparison of beasts. growth within a twelvemonth. Fishes are cold. For the second cause, fulness 760. Some creatures bring forth many young of food ones at a burden as bitches, hares, conies, &c. men, kine, swine, dogs, &c. feed full and we see that those creatures, which being Some ordinarily but one as women, lionesses, wild, generate seldom, being tame, generate &c. This may be caused, either by the quantity often; which is from warmth, and fulness of sperm required to the producing one of that of food. We find, that the time of going to kind which if less be required, may admit greater or by the partitions and rut of deer is in September ; for that they need number if more, fewer the whole summer s feed and grass to make them cells of the womb, which may sever the sperm.
j I
fit for And if rain come early about generation. the middle of September, they go to rut some what the sooner; if drought, somewhat the later.
Experiments in consort touching species visible. 761. There is no doubt, but light by refraction
So sheep, in respect of their small heat, generate will show greater, as well as things coloured. about the same time, or somewhat before. But For like as a shilling in the bottom of the water for the most part, creatures that generate at cer will show greater; so will a candle inalanthorn, tain seasons, generate in the spring ; as birds in the bottom of the water. I have heard of a and fishes ; for that the end of the winter, and practice, that glow-worms in glasses were put in the heat and comfort of the spring prepareth the water to make the fish come. But I am not them. There is also another reason why some yet informed, whether when a diver diveth, hav
creatures generate at certain seasons; and that is the relation of their time of bearing to the time of generation ; for no creature goeth to generate
ing his eyes open, and swimmeth upon his back ; whether, I say, he seeth things in the air, greater
whilst the female

is
is
full
nor whilst she
is
or less. For it is manifest, that when the eye busy standeth in the finer medium, and the object is in
young. And therefore it the grosser, things show greater; but contrari found by experience, that if you take the eggs wise, when the eye is placed in the grosser me or young ones out of the nests of birds, they will dium, and the object in the finer, how it worketh fall to generate again three or four times one after I know not. another. 762. It would be well holted out, whether great
in sitting, or rearing her
Of living creatures, some are longer time womb, and some shorter. Women go commonly nine months the cow and the ewe
759.
in the
;
refractions
may
not be
made upon
reflections, as
about six months; does go about nine months; mares eleven months bitches nine weeks ; ele
;
For example, we well as upon direct beams. see, that take an empty basin, put an angel of gold, or what you will, into it; then go so far
from the basin, till you cannot see the angel, be cause it is not in a right line; then fill the basin tradition of ten years is fabulous. For birds with water, and you shall see it out of its place, there if, double inquiry; the distance between because of the reflection. To proceed, therefore the treading or coupling, and the laying of the egg ; put a looking-glass into a basin of water; I sup and again between the egg laid, and the disclos pose you shall not see the image in a right line, ing or hatching. And amongst birds, there, is or at equal angles, but aside. I know not whe less diversity of time than amongst other crea ther this experiment may not be extended so, as tures ; yet some there is ; for the hen sitteth but you might see the image, and not the glass ; three weeks, the turkey-hen, goose, and duck, a which for beauty and strangeness were a fine month Query, of others. The cause of the proof: for then you should see the image like a rrcat difference of times amongst living creatures spirit in the air. As for example, if there he a either from the nature of the kind, or from the cistern or pool of water, you shall place orer \s,
phants are said
to
go two years
for the received
institution ot the
womb.
For the former, those against it a picture of the
devil, or
what you
will,
CKVT. VIII.
N ATI
II
\l.
HISTORY.
r
103
devil s
BO as you do not sre the water. Tin n put a if vu c;m Ml tin iiM-:Jass in tin- water: j)icturc aside, not seeing the water, it
ii"\v
l<><>k-
that the p:ilm i.f the hairl, th-.i:L h it hath as thin a skin as the other parts mentioned, yet is not
ticklish, because it is accustomed to be touched. Tickling also causeth laughter. The cause may be the emission of the spirits, and BO of the Kreath, by a flight from titillation ; for upon tickling we
is
would look
t\\een
like
;i
devil
indeed.
I
They have
;in
riar Hacon walked betwo steeples: which was thought to he done by glasses, when he walked upon the see there
eld tale in Oxford, Unit
ground.
of the part to avoid
ever a starting or shrinking away it; and we see also, that if
Experiments in consort touching impulsion and

percussion,
tickle the nostrils with a feather, or straw, procuroth sneezing; which is a sudden emis sion of the spirits, that do likewise expel the
you
it
763.
weighty body put into motion
is
more moisture.
And
tickling
is
ever painful, and not
easily impelled than at first when it resteth. The cause is partly because motion doth discuss the
well endured.
torpor of solid bodies; which, besides their mo tion of gravity, nave in them a natural appetite
Experiment
767. It
is
solitary touching the scarcity of rain
in Egypt.
strange, that the river of Nilus over flowing, as it doth, the country of Egypt, there should be, nevertheless, little or no rain in that
long race of the water; for swift-running waters vapour not so much as standing waters ; or else to the concoction of the water ; for waters well con 764. A body over-great or over-small will not be thrown so far as a body of a middle size: so cocted vapour not so much as waters raw; no the fire do vapour so much that it seemeth there must be a commensuration, more than waters upon And it or proportion between the body moved and the after some time of boiling as at the first. The cause is, be is true that the water of Nilus is sweeter than force, to make it move well. cause to the impulsion there is requisite the force other waters in taste ; and it is excellent good for of the body that moveth, and the resistance of the stone, and hypochondriacal melancholy, which the body that is moved and if the body be too showeth it is lenifying; and it runneth through a of a hot climate, and flat, without shade, great, it yieldeth too little; and if it be too small, country either of woods or hills, whereby the sun must it resisteth too little. needs have great power to concoct it. As for the 765. It is common experience, that no weight I this want of showers will press or cut so strong, being laid upon a air, from whence conceive cometh chiefly, the cause must be, for that the air body, as falling or stricken from above. It may be the air hath some part in furthering the per is of itself thin and thirsty ; and as soon as ever it getteth any moisture from the water, it imbibetn cussion; but the chief cause I take to be, for that and dissipateth it in the whole body of the air. the parts of the body moved have by impulsion, and sufFereth it not to remain in vapour, wherebv or by the motion of gravity continued, a com it might breed rain. pression in them, as well downwards, as they have when they are thrown, or shot through the Experiment solitary touching clarification. I conceive also, that the air, forwards. quick 768. It hath been touched in the title of perco loose of that motion preventeth the resistance of lations, namely, such as are inwards, that the the body below and the priority of the force al whites of eggs and milk do clarify; and it is cer is of great ways efficacy, as appeareth in infinite tain, that in Egypt they prepare and clarify the water of Nile, by putting it into great jars of stone, and stirring it about with a few stamped al Experiment solitary touching titillation. monds, wherewith they also besmear the mouth 766. Tickling is most in the soles of the feet, of the after it hatb vessel; and so draw it and under the arm-holes, and on the sides. The rested some time. It were good to try this- clari cause is the thinness of the skin in those parts, with almonds in new beer, or muste, to fying joined with the rareness of being touched there hasten and perfect the cl .irifyintrfor all tickling is a light motion of the spirits, which the thinness of the skin, and suddenness Experiment solitary touching plants without leaits. and rareness of touch do further: for we see a ta 769. There be scarce to be found any feather, or a rush, drawn along the lip or cheek, bles, that have branches and no leav. -. doth tickle; whereas a thing more obtuse, or a you allow coral for one. But there is als^ in tho touch more hard, doth not. And for suddenness. deserts of S. Macario in Esrypt, a plant which in we see no man can tickle himself: we see also long, leafless, brown of colour, and Branched like
:
and partly, because a body tlr.it resteth, doth get, by the resistance of the body upon which it resteth, a stronger compres sion of parts than it hath of itself: and therefore needeth more force to be put in motion. For if a weighty body be pensile, and hang but by a thread, the percussion will make an impulsion very near as easily as if it were already in motion.
not to
at all
;
move
country. The cause must be either in the nature of the water, or in the nature of the air, or of both. In the water, it may be ascribed either unto the
off",
\j<
104
coral, save that
NATURAL HISTORY.
CKNT. VIII
I remember Livy doth relate, tha. issue forth. there were found at a time two coffins of lead in and the people thereabout a tomb; whereof the one contained the body of playeth strangely; have a superstitious belief, that in the labour of King Numa, it being some four hundred yt-.irs after his death and the other, his books of sacred women it helpeth to the easy deliverance. rites and ceremonies, and the discipline of the Experiment solitary touching the materials of glass. pontiffs; and that in the coffin that had the body, 770. The crystalline Venice glass is reported there was nothing at all to be seen, but a littie to be a mixture in equal portions of stones brought light cinders about the sides, but in the coflln th.it from Pavia by the river Ticinum, and the ashes had the books, they were found as fresh as if they had been but newly written, being written on of a weed, called by the Arabs kal, which is ga thered in a desert between Alexandria and Ro- parchment, and covered over with watchcandles setta; and is by the Egyptians used first for fuel ; of wax three or four fold. By this it seemeth and then they crush the ashes into lumps like a that the Romans in Numa s time were not so stone, and so sell them to the Venetians for their good embalmers as the Egyptians were; which was the cause that the body was utterly con glass-works. sumed. But I find in Plutarch and others, that
This being it closeth at the top. set in water within a house, spnr.ulcth and dis-
Experiment
trefaction,
and
solitary touching prohibition of pu the long conservation of bodies.
when Augustus Caesar visited the sepulchre of Alexander the Great in Alexandria, he found
body to keep its dimension; but withal, that notwithstanding all the embalming, which no doubt was the best, the body was so tender, as Caesar, touching but the nose of it, defaced it.
the
771. It is strange, and well to be noted, how long carcasses have continued uncorrupt, and in their former dimensions, asappeareth in the mum
mies of Egypt; having lasted, as is conceived, some of them, three thousand years. It is true, they find means to draw forth the brains, and to
take forth the entrails, which are the parts aptest But that is nothing to the wonder: to corrupt.
Which maketh me find it very strange, Egyptian mummies should be reported

find
that the
to
be as
we see what a soft and corruptible substance the flesh of all the other parts of the body is.
for
hard as stone-pitch; for I one, which indeed may be very material, namely that the ancient Egyptian mummies were shroud
no difference but
But
should seem, that, according to our observa tion and axiom in our hundredth experiment, pu trefaction, which we conceive to be so natural a
it
ed in a number of folds of linen, besmeared with gums, in manner of cerecloth, which it doth not appear was practised upon the body of Alex
ander.
period of bodies, is but an accident; and that matter maketh not that haste to corruption that is And therefore bodies in shining conceived.
Experiment
solitary touching the abundance of nitre in certain sea-shores.
amber, in quicksilver, in balms, whereof we now speak, in wax, in honey, in gums, and, it may be, in conservatories of snow, &c., are preserved very long. It need not go for repetition, if we resume again that which we said in the aforesaid
experiment concerning annihilation; namely, that if you provide against three causes of putrefac
tion,
:
772. Near the castle of Caty, and by the wells

of Assan, in the land of Idumea, a great part of the way you would think the sea were near at
hand, though it be a good distance off: and it is nothing but the shining of the nitre upon the sea sands, such abundance of nitre the shores there
do put forth. bodies will not corrupt the first is, that the be excluded, for that undermineth the body, Experiment solitary touching bodies that are borne and conspireth with the spirit of the body to dis up by water. The second is, that the body adjacent solve it. 773. The Dead Sea, which vomiteth up bitu and ambient be not commaterial, but merely he- men, is of that crassitude, as living bodies bound
air
terogeneal towards the body that is to be pre served ; for if nothing can be received by the one, nothing can issue from the other; such are quick
silver
hand and not sunk
foot cast into

;
water is and white amber, to herbs, and flies, and into the water in respect of the water; so that such bodies. The third is, that the body to be you may make water so strong and heavy, of preserved be not of that gross that it may corrupt quicksilver, perhaps, or the like, as may bear up within itself, although no part of it issue into the iron of which I see no use, hut imposture. We body adjacent: and therefore it must be rather see also, that all metals, ex -ept gold, for the same There is a fourth reason, swim upon quicksilver. thin and small, than of bulk. temedy -also, which is, that if the body to be pre
:
it have been borne up, and which showeth, that all sinking into but an over-weight of the body put
served be of bulk, as a corpse is, then the body that ineloso.th it must have a virtue to draw forth,
Experiment
consumeth solitary touching fuel that little or nothing.
77 I. It is reported, that at the foot of a hill near and dry tne moisture of the inward body; for else the putrefaction will play within, though nothing the Marc Mortuum there is a black stone, where|
CENT. VIII.
of pilgrims
iiml
N \TIR\I. HISTORY.
fires,
\\
JOS
make
hich bimieth like
;i
ru-.il.
Bather mould more than in others.
And
li>h
am
diminished
Tli.it
not,
it
and winter.
for
but only waxeth brighter should do so is not strange

:
we
M-.-
iron red-hot
burneth, ;uid eonsumeth

is,
ilesh or will persuaded that a pur. of airs than in other--. sooner corrupt in be noble experiments that ran make tins dix-o.->oinr
I
MW
not;
but
tin-
strangeness
:
that
it
should con
tinue any time so for iron, as soon as it is out of the fire, deadeth straightway*. Certainly it were
very ; for they serve for a natural divination of seasons, better than the astronomers can by their figures: and again, they teach men where to
tiling of
rn-at use
and
profit, if
you could
last
find
choose their dwelling
for their better health.
out fuel that would

neither
hum
hot,
and yet
long:
am
altogether incredulous but there
may Experiment
solitary touching increasing nf
milk in
be such candles as they say are made of salaman der s wool ;beinga kind of mineral, which whiteneth also in the burning , and consumeth not.
is
milch beaits. 778. There

is
a kind of stone about Bethlehem,
The which they grind to powder, and put into water, made of some whereof cattle drink, which maketh them give question what, and commonly it is made of some tangible more milk. Surely there would be some better body which hath weight: but it is not impossible trials made of mixtures of water in ponds for cattle, perhaps that it should be made of spirit, or vapour, to make them more milch, or to fatten them, or to
this
;
flame must be
in a body,
which
spirit or
vapour hath no weight,
keep them from murrain.

nitre are of the best.
It
may
be chalk and
But then is the matter of ignis fatuus. you will say, that that vapour also can last but a short time : to that it may be answered, that by
such as
the help of oil, and wax, and other candle-stuff, the flame may continue, and the wick not burn.
Experiment
779.
It is
solitary touching
glass.
sand nf
the nature of
reported, that in the valley near the
Experiment
solitary economical touching cheap
mountain Carmel in Judea there is a sand, which of all other hath most affinity with glass: inso
fuel.
much
as other minerals laid in

fire;
it
turn to a glassy
and again, glass put The thing into it turneth into the mother sand. and it is likeliest to if it be true lasts longer than ordinary charcoal. Turf and is very strange, and cow-sheards, are cheap fuels, and last be caused by some natural furnace or heat in the peat, Small-coal, or brier-coal, poured upon char earth ; and yet they do not speak of any eruption long. coal, make them last longer. Sedge is a cheap of flames. It were good to try in glass-works, fuel to brew or bake with the rather because it whether the crude materials of glass, mingled Trial would be made with glass already made, and remolten, do not is good for nothing .else. facilitate the making of glass with less heat. 01 some mixture of sea-coal with earth or chalk
775. Sea-coal lasts longer than charcoal ; and charcoal of roots, being coaled into great pieces,
substance without the
mixture be, as the sea-coal men use it, the growth of coral. privily, to make the bulk of the coal greater, it is Experiment solitary touching 780. In the sea, upon the south-west of Sicily, deceit; but if it be used purposely, and be made much coral is found. It is a submarine plant. It known, it is saving. hath no leaves ; it brancheth only when it is under Experiment solitary touching the gathering of water; it is soft, and green of colour; but being
for if that
wind for freshness.

776.
ther the
It is at this
brought into the

red, as
air, it
day
in
use in Gaza, to couch
we
but
see.
It is said
potsherds or vessels of earth in their walls, to ga wind from the top, and to pass it down
in spouts into rooms. in great heats : and
It is
it
berry
coral.
we
find
it is
it,
Belike
becometh hard and shining also to have a white it not brought over with the cast away as nothing worth
:
a device for freshness

there are
is said,
some
inquire better of of the plant.
for the
discovery of the nature
Italy and Spain for freshness, and gathering the winds and air in the heats of sum mer ; but they be but pennings of the winds, and
rooms
in
Experiment
781.
solitary
touching the gathering \f
manna.
most plenty.
enlarging them again, and making them reverbe rate, and go round in circles, rather than this de
vice of spouts in the wall.
the trials of airs.
The manna of Calabria is the best, and in They gather it from the leaf of the
Experiment solitary touching by 777. Th^ro would be used much diligence in seem, that before those dews come upon trees in some bodies and places, as it were, the valleys, they dissipate and cannot hold out. for the tasting of air ; to discover the wholesome- It should seem, also, the mulberry-leaf itself
the choice of
mulberry-tree ; but not of such mulberry-trees as grow in the valleys. And manna falleth upon the It should leaves night, as other dews do.
ness or unwholesomeness, as well of seasons, as of the seats It is certain, that there dwellings.
<.f
be some houses wherein confitures and pies will VOL. II. 14
hath some coagulating virtue, which inspissateth the dew, for that it is not found upon other trees : and we see by the silk-worm, which feedeth upon
106
NATURAL HISTORY.
CENT. VIII.
that leaf, what a dainty smooth juice it hath ; and the leaves also, especially of the black mulberry, are somewhat bristly, which may help to preserve
require desiccation, which by the defluxion of humours of the lower parts is hindered whereas
:
the dew.
Certainly
the
it
were not amiss

that fall
it
to
observe
trees, or
hurts and ulcers in the head require it not; but contrariwise dryness maketh them more apt to
little
better
herbs growing on mountains; for
dews
fall,
that
And I valleys. ther the best May-dew for medicine, should gather it from the hills.
Experiment
782.
solitary
modern observation, the like between Frenchmen spend before they come to the and Englishmen; whereof the one s constitution suppose, that he that would ga is more dry, and the other s more moist. And
dews
upon
consolidate.
And
in
may
be
many
difference hath been found
therefore a hurt of the head is harder to cure in a
Frenchman, and of the leg

Experiment
in
an Englishman.
touching the correcting of wine.
solitary touching the healt/ifulness or the southern wind. unhcalthfulntss

<f
they have a manner to prepare their Greek wines, to keep them from fuming and
It is said
786. It hath been noted by the ancients, that southern winds, blowing much, without rain, do
cause a feverous disposition of the year; but with The cause is, for that southern winds rain, not. do of themselves qualify the air, to be apt to certain it is, that those two na tringent. tures do best repress fumes. This experiment cause fevers; but when showers are joined, they would be transferred unto other wine and strong do refrigerate in part, and check the sultry heat Therefore this holdeth not beer, by putting in some like substances while of the southern wind. they work which may make them both to fume in the sea coasts, because the vapour of the sea,
inebriating, by adding some sulphur or alum ; whereof the one is unctuous, and the other is as
And
less,
and
to inflame less.
without showers, doth refresh.

the materials of
Experiment
783. It
is
solitary touching
fire.
wild
Experiment
solitary touching
wounds.
that the reason
conceived by some, not improbably, why wild fires, whereof the prin
787. It hath been noted by the ancients, that wounds which are made with brass heal more
cipal ingredient is bitumen, do not quench with water, is, for that the first concretion of bitumen
.is
The cause easily than wounds made with iron. is, for that brass hath in itself a sanative virtue ;
and so in the very instant helpeth somewhat: but
iron is corrosive and not sanative.
it
a mixture of a fiery and watery substance ; so is not sulphur. This appeareth, for that in the place near Puteoli, which they call the court of
And
therefore
were good, that the instruments which are used by chirurgeons about wounds, were rather of brass
than iron.
Vulcan, you shall hear under the earth a horrible thundering of fire and water conflicting together; and there break forth also spouts of boiling water.
Experiment
solitary touching mortification
Now
men
it were, gangrened which consist upon sulphur, shoot forth smoke, with cold, if they come to a fire they rot off pre and ashes, and pumice, but no water. It is re sently. The cause is, for that the few spirits ported also, that bitumen mingled with lime, and that remain in those parts, are suddenly drawn But forth, and so putrefaction is made complete. put under water, will make as it were an artifi cial rock the substance becometh so hard. snow put upon them helpeth for that it pre;
:
that place yieldeth great quantities of bitu ; whereas ./Etna and Vesuvius, and the like,
788. In the cold countries, and ears are mortified, and, as
when men
by cold. noses
Experiment
solitary touching plaster hard as marble.

is
growing
as
serveth those spirits that remain, till they can re vive; and besides, snow hath in it a secret warmth as the monk proved out of the text ;
:
a cement, compounded of flour, whites of eggs, and stone powdered, that becom eth hard as marble : wherewith Piscina Mirabilis, near Cuma, is said to have the walls plastered.
784. There
"quidat
spargit."
nivem
Whereby he
and
sicut lanam, gelu sicut cineres did infer, that snow did
frost did
fret like
warm
like wool,
ashes.
water also doth good; because by little And it is certain and tried, that the powder of and little it openeth the pores, without any sud loadstone and flint, by the addition of whites of den working upon the spirits. This experiment eggs, and gum-dragon, made into paste, will in a may be transferred to the cure of gangrenes, either few days harden to the hardness of a stone. coming of themselves, or induced by too much applying of opiates ; wherein you must beware of
Warm
Experiment
785.
It
solitary touching judgment of the cure in some ulcers and hurts.
dry heat, and resort to things that are refrigerant, with an inward warmth, and virtue of cherishing.
.n full or
hath been noted by the ancients, that Experiment solitary touching weight. impure bodies, ulcers or hurts in the 789. Weigh iron and aqua fords severally; legs are hard to cure, and in the head more easy. The cause is, for that ulcers or hurts in the legs then dissolve tfle iron in the aqua fortis, ami
CENT. VIII.
weigh the dissolution; and "KM! weight .is the
;i
NATURAL HISTORY.
yon
shall
find
it
107
to
b, idirs did severally: notwithstanding good dnil of waste by a thirk vapour that issueth during the working; which
\
watrr may be the medium of jart sounds. If you dash a stone against a stone in So the bottom of the water, it inaketh a sound.
touched, that
a long pole struck upon gravel in the bottom of showeth that the o|tenin<r hotly doth increase the \\ater maketh a sound. Nay, if you should This was tried once or twice, but I think that the sound cometh up by the pole, and tlie weight. know not whether there were any error in the not by the water, you shall find that an anchor trial. let down by a rope maketh a sound ; and yet the rope is no solid body whereby the sound can as
:i
Experiment
790.
silver
solitary touching the super-natation of

bodies.
cend.
Take
two
of aqua fortis
two ounces, of quick
Experiment
solitary of the flight of the spirits
upon
drains, for that charge the aqua fortis will bear, the dissolution will not bear a flint as big as a nutmeg; yet, no doubt, the increasing
odious objects. 793. All objects of the senses which are very offensive do cause the spirits to retire and upon
:
of the weight of water will increase its power of bearing; as we see brine, when it is salt enough, will hear an egg. And I remember well a physi cian, that used to give some mineral baths for the &c. ; and the body, when it was put into the gout,
their flight, the parts are, in some degree, desti tute ; and so there is induced in them a trepida
tion
and horror.
For sounds, we see that the
grating of a saw, or any very harsh noise, will set the teeth on edge, and make all the body
water.
down so easily as in ordinary shiver. For tastes, we see that in the taking of But it seemeth the weight of the quick a potion or pills, the head and the neck shake. silver more than the weight of a stone, doth not For odious smells, the like effect followeth, which compose the weight of a stone more than the is less perceived, because there is a remedy at hand by stopping of the nose; but in horses, that weight of the aqua fortis.
bath, could not get
can use no such help, we see the smell of a car unequal rion, especially of a dead horse, maketh them fly away, and take on almost as if they were mad. 791. Let there be a body of unequal weight, as For feeling, if you come out of the sun suddenly of wood and lead, or bone and lead, if you throw into a shade, there followeth a dullness or shi
the flying of bodies in the air.
it
turn,
from you with the light end forward, it will and the weightier end will recover to be forwards; unless the body be over-long. The cause is, for that the more dense body bath a more violent pressure of the parts from the first impul
sion
the cause, though heretofore not found out, as hath been often said, of all violent motions; and when the hinder part moveth
;
vering in all the body. And even in sight which hath in effect no odious object, coming into sud den darkness induceth an offer to shiver.

iion of echoes.
the super-reflet
which
is
it less endureth pressure of parts, than the forward part can make way for it, it must needs be that the body turn over for, turned,
swifter, for that
794. There is in the city of Ticinum in Italy, a church which hath windows only from above; it is in length a hundred feet, in breadth twenty
feet,
having a door in twelve or thirteen it can more easily draw forward the lighter part. times, if you stand by the close end wall over The echo fadeth, and dieth by Galilaeus noteth it well, that if an open trough against the door. wherein water is, be driven faster than the water little and little, as the echoat Pont-Charenton doth. can follow the water gathereth upon an heap to And the voice soundeth as if it came from above wards the hinder end, where the motion began the door. And if you stand at the lower end, or which he supposeth, holding confidently the mo on either side of the door, the echo holdeth ; but tion of the earth, to be the cause of the ebbing and if you stand in the door, or in the midst just over flowing of the ocean: because the earth over-run- against the door, not. Note, that all echoes sound neth the water. Which theory, though it be better against old walls than new ; because they As for the are more dry and hollow. false, yet the first experiment is true.
and in height near
fifty
;
:
the midst.
It reporteth the voice
inequality of the presume of parts, it appeareth manifestly in this : tâ* if you take a body of
Experiment
stone or iron, and
a"v>*bor
of wood, of the same
tion,
solitary touching the force of imitating that of the sense.
imagina
795. Those effects which are wrought by th* magnitude and shiP i ind throw them with equal in tart, are force, you cannot pfîhly throw the wood so far percussion of the sense, and by things the imagi as the stone or ir^n produced likewise in some degree hy
nation.
Therefore
if
man
see another eat BOUT

teeth on
ed_n>.
Experiment solitary touching water,

the
that it
may
be
or acid things,
which
set the
tins
mtdium
as
of sound*.
792. It
is certain,
it
hath been formerly in
So that ho that object tainteth the imajiinatinn. secth the thing done by another, hath his ow
108
NATURAL HISTORY.
|
CENT. VIII.
teeth also set on edge. So if a man see another turn swiftly and long, or if he look upon wheels that So if a man be turn, himself waxeth turn-sick.
I remember to great saving of the richer metal. have heard of a man skilful in metals, that a fif teenth part of silver incorporated with gold will
upon a high place without

lie
rails
is
or
good hold
fall
:
not be recovered by any water of separation, ex
be used
fall,
to
it
it,
he
ready to
for
imagining a
putteth his spirits into the
cept you put a greater quantity of silver to dra\ to it the less; which, he said, is the last refuge
in separations.
So many upon the seeing very action of a fall. of others bleed, or strangled, or tortured, them
selves are re?dy to faint, as if
in strife.
But that is a tedious way, which This would be no man, almost, will think on. they bled, or were better inquired and the quantity of the fifteenth turned to a twentieth; and likewise with some
:
little
additional, that
may
further the intrinsic in
Experiment solitary touching preservation of bodies. corporation. Note, that silver in gold will be 796. Take a stockgillyflower, and tie it gently detected, by weight, compared with the dimen upon a stick, and put them both into a stoop-glass sions ; but lead in silver, lead being the weightier full of quicksilver, so that the flower be covered metal, will not be detected, if you take so much then lay a little weight upon the top of the glass the more silver as will countervail the over-weight that may keep the stick down; and look upon of the lead. them after four or five days ; and you shall find the flower fresh, and the stalk harder and less Experiment solitary touching fixation of bodies. flexible than it was. If you compare it with 799. Gold is the only substance which hath another flower gathered at the same time, it will nothing in it volatile, and yet melteth without be the more manifest. This showeth, that bodies much difficulty. The melting showeth that it is do preserve excellently in quicksilver ; and not not jejune, or scarce in spirit. So that the fixing
:
preserve only, but by the coldness of the quick silver indurate ; for the freshness of the flower
of
it is
not want of spirit to

:
fly out,
but the equal
may
be merely conservation
which
is
the
more
spreading of the tangible parts, and the close coacervation of them whereby they have the less
appetite,
to be observed, because the quicksilver presseth tho flower; but the stiffness of the stalk cannot
and no means
at all to issue forth.
It
be without induration, from the cold, as

eth, of the quicksilver.
it
were good therefore to seem- do lose any weight]

evenly spread
;
try, whether glass remolten for the parts in glass are
but they are not so close as in
we see by the easy admission of light, heat, and cold; and by the smallness of the There be other bodies fixed, which weight. 797. It is reported by some of the ancients, have little or no spirit, so as there is nothing to that in Cyprus there is a kind of iron, that being fly out ; as we see in the stuff whereof coppels cut into little pieces, and put into the ground, if are made, which they put into furnaces, upon it be well watered, will increase into greater which fire worketh not so that there are three This is certain, and known of old, that causes of fixation; the even pieces. spreading both of the lead will multiply and increase, as hath been spirits and tangible parts, the closeness of the seen in old statues of stone which have been put and the jejuneness or extreme tangible parts, in cellars; the feet of them being bound with comminution of spirits of which three, the two
Experiment
solitary touching the growth or tiplying of metals.
mul
gold: as
leaden bands; where, after a time, there appeared, that the lead did swell; insomuch as it hanged
first
may
be joined with a nature liquefiable, the
last not.
upon the stone
like warts.
Experiment
Experiment solitary touching the drowning of more base metal in the more precious.
798.
it
the
drowning of metals, when that the so incorporated with the more rich or insatisfaction of several bodies, and of their can by no means be separated again which appetite to take in others. Air taketh in lights, is a kind of version, though false as if silver and sounds, and smells, and vapours; and it is should be inseparably incorporated with gold or most manifest, that it doth it with a kind of thirst,
I call
solitary touching the restless nature of things in themselves, and their desire to change. 800. It is a profound contemplation in nature, to consider of the emptiness, as we may call it,
baser metal
as
is
The ancient elec- as not satisfied with its own former consistence; copper and lead with silver. trnm had in it a fifth of silver to the gold, and for else it would never receive them in so sud made a compound metal, as fit for most uses as denly and easily. Water, and all liquors do g-old. and more resplendent, and more qualified hastily receive dry and more terrestrial bodies, in somo other properties; but then that was proportionable: and dry bodies, on the other side, This to do privily, or to make drink in waters and liquors so that, as it was easily separated. the crmpound pass for the rich metal simple, is well said by one of the ancients, of earthy and an adulteration or counterfeiting but if it be done watery substances, one is a glue to another. avowedly, and without disguising, it may be a Parchment, skins, cloth, &c., drink in liquors,
: :
CRrlT. IX.
NATURAL HISTORY.
entire bodies,
109
it
hough themselves he
and not com
bodies
procal,
i
is
not violent: for
is
many
tin
minuted, as sand and ashes, nor ipparentty >orous: metals themselves do receive in readily Ptnuiir waters; and strong waters likewise do
readily pierce into metals and stones: and that strong water will touch upon gold, that will not
and as it were with consent. Of tlu: eauso this, and to wnat axiom it may be referred, con
d*>
sider attentively; lor as for the petty assertion, that matter is like a common strumpet, that
sireth all
touch upon silver, and t convcrso. And gold, Only which seemeth by the weight to be the closest and other body, but either to overcome and turn an most solid body, doth greedily drink in quicksil other body into itself, as by victory or itself to
;
forms, it is but a wandering notion. flame doth not content itself to take in any
ver.
And
it
seemeth, that this reception of other die, and go out.
CENTURY
Experiments in consort touching perception in bodii a insensible, tending to natural divination or
subtile trials.
is certain, that all bodies whatsoever, though they have no sense, yet they have perception for when one body is applied to another, there is a kind of election to embrace that which is agree able, and to exclude or expel that which is ingrate and whether the body be alterant, or altered, ever more a perception precedeth operation ; for else And all bodies would be alike one to another. sometimes this perception, in some kind of bodies, is far more subtile than the sense ; so that the sense is but a dull thing in comparison of it: we
I
\
IX.
comitants, you may judge of the effect to follow : and the like may be said of discovery ; but we tie ourselves here to that divination and discovery
chiefly,
which
is
caused by an early or subtile
IT
perception.
aptness or propension of air, or water, to corrupt or putrefy, no doubt, is to be found before it break forth into manifest effects of diseases,
blastings, or the like.
The
We
will
therefore
set
down some
wholesome
801.
prognostics of pestilential and un

years.
The wind blowing much from the south without rain, and worms in the oak-apple, have
been spoken of before. Also the plenty of frogs, grasshoppers, flies, and the like c-.eatures bite of putrefaction, doth portend pestilential years.
802. Great and early heats in the spring, and
see a weather-glass will find the least difference of the weather, in heat, or cold, when men find it
not.
And
this perception also is
sometimes
;
at
namely
distance, as well as
upon the touch
as
when
the
in May, without winds, portend the same; and generally so do years with little wind or
loadstone draweth iron, or flame Babylon, a great distance off.
fireth
naphtha of
a
thunder.
It is therefore
803. Great droughts in

ers
summer
lasting
till
to
wards the end of August, and some gentle show upon them, and then some dry weather again, open nature, as well as the sense, and sometimes do portend a pestilent summer the year following better. And, besides, it is a principal means of for about the end of August all the sweetness of for that which in these per the earth, which goeth into plants and trees, is nature, divination ceptions appeareth early, in the great effects exhaled, and much more if the August be dry, so cometh long after. It is true also, that it serveth that nothing then can breathe forth of the earth to discover that which is hid, as well as to foretell but a gross vapour, which is apt to corrupt the that which is to come, as it is in many subtile air and that vapour, by the first showers, if they trials; as to try whether seeds be old or new, the be gentle, is released, and cometh forth abundant sense cannot inform but if you boil them in ly. Therefore they that come abroad soon after water, the new seeds will sprout sooner and so those showers, are commonly taken with sick of water, the taste will not discover the best ness and in Africa, nobody will stir out of doors water; but the speedy consuming of it, and many after the first showers. But if the showers come other means, which we have heretofore set down, vehemently, then they rather wash and fill the
subject of a very noble inquiry, to inquire of the more subtile perceptions : for it is another key to
:
will discover
it.
So
in all
physiognomy, the
earth, than give
it
leave to breathe forth presently.

it
lineaments of the body will discover those natu ral inclinations of the mind which dissimulation
\\ill
But
if
dry weather come again, then
fixeth
and
first
conceal, or discipline will suppress. shall therefore now handle only those two percep
We
continueth the corruption of the air, showers begun; and maketh it of
upon the
ill
influence,
tions,
which pertain
to
natural divination and
discovery; leaving the handling of perception in other things to he disposed elsewhere. Now it is true, that divination is attained by other means
;
even to the next summer; except a very frosty winter discharge it, which seldom succeedeth such droughts.
801. The lesser infections, of the small-pox, purple fevers, a-jues, in the summei precedent, and hovering all winter, do portend a great pesti-
as
if
you
kr.;>w
vLe causes,
if
you know the con
110
ence
in the
NATURAL HISTORY.
summer following;
fur putrefaction
CENT. IX.
doth not
rise to its height at once. 805. It were good to lay a piece of raw flesh or fish in the open air; and if it putrefy quickly, it is a sign of a disposition in the air to putrefaction. And because you cannot be informed whether the
by the nature of the evtrth. or by the situa tion of woods and hills, the air is more unequal
either
than in others; and inequality of
air is
ever an
putrefaction be quick or late, except you compare this experiment with the like experiment in an
other year, it were not amiss in the same year, and at the same time, to lay one piece of flesh or fish in the open air, and another of the same kind
and bigness within doors: for I judge, that if a general disposition be in the air to putrefy, the flesh, or fish, will sooner putrefy abroad where the inequality be, of the ascent or descent of the wa air hath more power, than in the house, where it ter, the greater is the inequality of the temper of hath less, being many ways corrected. And this the air. 812. The predictions likewise of cold and long experiment would be made about the end of March: for that season is likeliest to discover winters, and hot and dry summers, are good to what the winter hath done, and what the summer be known, as well for the discovery of the causes, following will do, upon the air. And because the as for divers provisions. That of plenty of haws, and hips, and brier-berries, hath been spoken of air, no doubt, receiveth great tincture and infu before. If wainscot, or stone, that have used to sion from the earth ; it were good to try that ex posing of flesh or fish, both upon a stake of wood sweat, be more dry in the beginning of winter, or some height above the earth, and upon the flat of the drops of the eaves of houses come more slow the earth. ly down than they use, it portendeth a hard and The cause is, for that it showeth 806. Take May-dew, and see whether it putre frosty winter. or no ; for that likewise may disclose an inclination of the air to dry weather, which in fy quickly the quality of the air, and vapour of the earth, winter is ever joined with frost. 813. Generally a moist and cool summer por more or less corrupted. 807. A dry March, and a dry May, portend a tendeth a hard winter. The cause is, for that the wholesome summer, if there be a showering April vapours of the earth are not dissipated in the sum between but otherwise it is a sign of a pestilen mer by the sun ; and so they rebound upon the
:
were good to take two wea ther-glasses, matches in all things, and to set them, for the same hours of one day, in places, where no shade is, nor enclosures; and to mark when you set them, how far the water cometh ; and to compare them, when you come again, how the water standeth then ; and if you find them unequal, you may be sure that the place where the water is lowest is in the warmer air, and the other in the colder. And the greater the
enemy
to health
it
tial
year.
winter.
air is
the discovery of the disposition of the good for the prognostics of wholesome and unwholesome years; so it is of much more use, for the choice of places to dwell in : at the least,
808.
As
814.
hot and dry summer, and autumn, and
especially if the heat and drought extend far into September, portendeth an open beginning of win
for
lodges, and retiring places for health : for mansion-houses respect provisions as well as
and colds to succeed toward the latter part of the winter, and the beginning of the spring for till then the former heat and drought bear the
ter;
:
health, wherein the experiments above-mentioned may serve.

it is
sway, and the vapours are not

plied.
sufficiently multi
815. An open and warm winter portendeth a hot 809. But for the choice of places, or seats, good to make trial, not only of aptness of air to and dry summer; for the vapours disperse into corrupt, but also of the moisture and dryness of the winter showers; whereas cold and frost keepthe air, and the temper of it in heat or cold ; for eth them in, and transporteth them into the late We see that spring and summer following. that may concern health diversely. 816. Birds that use to change countries at cer there be some houses, wherein sweetmeats will relent, and baked meats will mould, more than in tain seasons, if they come earlier, do show thp others; and wainscots will also sweat more; so temperature of weather, according to that country that they will almost run with water; all which, whence they came: as the winter birds, namely, no doubt, are caused chiefly by the moistness of woodcocks, feldfares, &c., if they come earlier, the air in those seats. But because it is better to and out of the northern countries, with us show
know
find
it
before a
it after,
yiO.
Lay
man buildeth his house, than to take the experiments following. wool, or a sponge, or bread, in the
cold winters.
And if it be in the same country, then they show a temperature of season, like unto as swallows, that season in which they come
:
place you will try, comparing it with some other places ; and see whether it doth not moisten, and
make
the wool, or than the other: and
come towards summer, if they come early, show a hot summer to follow. 817. The prognostics, more immediate of wea sponge, &c., more ponderous
bats, cuckoos, &c., that
if it
do,
you may judge of
ther to follow soon after, are
more
certain than
that place, as situated in a gross and moist air. 811. Because it is certain, that in some places,
those of seasons.
upon the shore
The resounding of the and the murmur of winds in
sea
tho
NATURAL HISTORY.
to folwoods, without apparent wind, show for such winds breathing chutly .mt of the
\vin<l
Ill
I"U
earth, aro not at the first
be
[lent
by water or wood.
perceived, except they And therefore a mur
mur
out of caves likewise portendeth as much. 818. The upper regions of the air perceive the
is, pleasure that both kinds take in the moistnes* and density of the air ; and so desire to bo in molion, and upon the wing, whithersoever they would otherwise go; for it is no marvel, thai water-fowl do joy most in that air which lib -i
i>
collection of the matter of tempests and winds, bef the air here below; and therefore the ob
>re
water: and land-birds also, many of them, de For the same light in bathing, and moist air. reason also, many birds do prune their feathers ;
scuring of the smaller stars is a sign of tempest And of this kind you shall find a following.
and geese do gaggle; and crows seem
to
call
number of instances
in our inquisition
1J<;
ventis.
upon seem
819. (Jreat mountains have a perception of the than the disposition of the air to tempests, sooner
valleys or plains below: and therefore they say
in \\ ales,
but the comfort they to receive in the relenting of the air. 824. The heron, when she soareth high, so as
rain
:
all
which
is
sometimes she
:
is
seen to pass over a cloud,
on, they
in the
showeth winds but kites flying aloft show fair when certain hills have thoir night-caps and dry weather. The cause may be, for that mean mischief. The cause is, for that they both mount most into the air of that temper
wherein they delight: and the heron being a water-fowl, taketh pleasure in the air that is con densed ; and besides, being but heavy of wing,
needeth the help of the grosser
affecteth not so
air.
tempests, which are for the most part bred above middle region, as they call it, are soonest
perceived to collect in the places next it. 820. The air, and fire, have subtile perceptions see the of \\iud rising, before men find it.
But the kite
We
of prey, and therefore hot, she delighteth in the fresh air, and many times flieth against the and so do coals of fire by casting off the wind, as trouts and salmons swim against the unquiet ; ashes more than they use. The cause is, for that stream. And yet it is true also, that all birds no wind at the first, till it hath struck and driven find an ease in the depth of the air, as swimmers
the air,
easier to
trembling of a candle will discover a wind that otherwise we do not feel; and the flexuous burn ing of flames doth show the air beginneth to be
the grossness of the air, as the cold and freshness thereof: for being a bird
much
do in a deep water. And therefore when they are aloft, they can uphold themselves with their no marvel, though wind unperceived shake them wings spread, scarce moving them. 825. Fishes, when they play towards the top off; for we usually try which way the windblowThe eth, by casting up grass, or chaff, or such light of the water, do commonly foretell rain. into the air. cause is, for that a fish hating the dry, will not things 821. When wind expireth from under the sea, approach the air till it groweth moist; and when it is as itcauscth some resounding of the water, where dry, will fly it, and swim lower. of we spake before, so it causeth some light mo 826. Beasts do take comfoit generally in a The moist air: and it maketh them eat their meat tions of bubbles, and white circles of froth. cause is, for that the wind cannot be perceived by better ; and therefore sheep will get up betimes the sense, until there be an eruption of a great in the morning to feed against rain and cattle, quantity from under the water; and so it getteth and deer, and conies, will feed hard before rain ; whereas in the first putting up it and a heifer will put up her nose, and snuff in into a body
is
apparent to the sense

air
:
but flame
is
move than
and
for the ashes, it is
cometh
822.
in little portions.
the air against rain.
We spake of the ashes that coals cast off;
827.
The
trefoil
against rain swelleth in the
and of grass and chaff carried by the wind ; so any liirht thing that movethwhen we find no wind showeth -\ wind at hand ; as when feathers, or down of thistles, fly to and fro in the air. For prognostics of weather from living creatures
it
stalk; and so standeth moreupiignc: for by wet, stalks do erect, and leaves bow down. There is
a small red flower in the stubble-fields, which country-people call the wincopipe ; which if it
is
to be noted, that creatures that live in the
open
air, sub dio, must needs have a quicker imprcssiun from the air, than men that live most within doors; and especially birds who live in the air freest and clearest; and are aptest by their
voice to
tell
tales
what they
flight to
find,
and likewise
by the motion of their
express the same. 823. Water-fowls, as sea-gulls, moor-hens, &c.,

flock
when they
and fly together from the sea towards the shores ; and contrariwise, land-birds, against rain. as crows, swallows, &c., when they fly from the 830. Solid bodies likewise foreshow rain. As land to the waters, and beat the waters with their stones and wainscot, when they sw eat and boxes do fireshowrain and wind. The cause and pegs of woods, when they driw and wind wings,
1
open in the morning, you may be sure of a fair day to follow. 828. Even in men, aches, and hurts, and corns, do engrieve either towards lain, or towards frost: for the one maketh the humours more to abound ; and the other maketh them sharper. So we see both extremes bring the gout. 829. Worms, vermin, &c., do foreshow like wise rain for earthworms will come forth, moles will cast up more, and fleas bite more,
:
an<i
112
fiard
;
NATURAL HISTORY.
though thn former be hut from an outward
for that the stone, or
CK.VT. IX.
that bay-salt,
Certain
violets.
it
is,
which
is
hut a kind
cause;
wainscot, tunicth
of water congealed, will sometimes smell like
and beateth back the air against itself; and the latter is an inward swelling of the body of the
Experiment solitary touching sweet smells. To sweet smells heat is requisite to con Experiment solitary touching the nature of appetite coct the matter; and some moisture to spread the breath of them. For heat, we see that woods in the stomach. 831. Appetite is moved chiefly by things that and spices are more odorate in the hot countries
wood
itself.
833.
are cold and dry
the cause
is, for
that cold is a
than in the cold

too
kind of indigence of nature, and calleth upon supply; and so is dry ness and therefore all sour things, as vinegar, juice of lemons, oil of vitriol,
:
much
: for moisture, we see that things dried lose their sweetness : and flowers
growing, smell better in a morning or evening than at noon. Some sweet smells are destroyed
And the disease which &c., provoke appetite. they call appetitus caninus, consisteth in the matter of an acid and glassy phlegm in the mouth
of the stomach.
by approach to the fire ; as violets, wallflowers, gillyflowers, pinks; and generally all flowers that have cool and delicate spirits. Some con
tinue both on the
fire,
Appetite
is
things
for that sour things
also moved by sour induce a contraction
and from the
fire
as rose-
in the nerves placed in the
mouth of the stomach,
a great cause of appetite. As for the why onions, and salt, and pepper in baked move appetite, it is by vellication of those meats,
which
cause
is
Some do scarce come forth, or at water, &c. least not so pleasantly, as by means of the fire ; as jumper, sweet gums, &c., and all smells that are enclosed in a fast body but generally those
:
nerves; for motion whetteth. As for wormwood, olives, capers, and others of that kind, which par
ticipate of bitterness, they move appetite by ab stersion. So as there be four principal causes of
smells are the most grateful, where the degree of heat is small ; or where the strength of the
smell is allayed ; for these things do rather woo the sense, than satiate it. And therefore the smell of violets and roses exceedeth in sweetness
that of spices and gums ; and the strongest sort of smells are best in a weft afar off.
solitary touching the stance of smells.
the refrigeration of the stomach joined ; with some dryness, contraction, vellication, and abstersion; besides hunger; which is an empti ness ; and yet over-fasting doth, many times, cause the appetite to cease ; for that want of meat
appetite
Experiment
corporeal sub
834. It is certain, that no smell issueth but maketh the stomach draw humours, and such humours as are light and choleric, which quench with emission of some corporeal substance not
;
appetite
mos"..
as
it is in light, and colours, and in sounds. For we see plainly, that smell doth spread no
Experiment
solitary touching sweetness of odour from the rainbow.
thing that distance that the other do. It is true, that some woods of oranges, and heaths of rose
that
832. It hath been observed by the ancients, where a rainbow seemeth to hang over or a sweet smell.
is, for
to touch, there breatheth forth
The Cause
that this happeneth but in cer tain matters, which have in themselves some sweetness ; which the gentle dew of the rainbow
for they also
mary, will smell a great way into the sea, per haps twenty miles ; but what is that, since a peal of ordnance will do as much, which moveth in a small compass? Whereas those woods and
heaths are of vast spaces ; besides, we see that smells do adhere to hard bodies; as in perfum ing of gloves, &c., which showeth them corporeal ;
doth draw forth: and the like do soft showers; make the ground sweet but none are so delicate as the dew of the rainbow where
:
and do do not.
last a great while,
which sounds and
light
it falleth.
It
may be
also that the water itself
hath some sweetness; for the rainbow consisteth of a glomeration of small drops, which cannot
possibly
fall
Experiment
835.
ill;
solitary touching fetid
and fragrant
odours.
and
therefore
but from the air that is very low ; may hold the very sweetness
The excrements
the
for
of most creatures smell

creature
that voideth
chiefly to
:
same
of the herbs and flowers, as a distilled water; foi rain, and other dew that fall from high, can not preserve the smell, being dissipated in the
them
see, besides that of man, that pigeons and horses thrive best, if their houses and stables be kept sweet, and so of cage birds :
we
drawing up
water itself
ness.
It
neither do
we know, whether some and

some degree of sweet
may
not have
pool, river, nor fountain
turned
true, that we find it sensibly in no but good earth, newly ; hath a freshness and good scent; up, which water, if it be not too equal, for equal ob beasts. But the cause why excrements smell ill jects never move the sense, may also have. is manifest; for that the body itself rejecietli
is
the catburieth that which she voideth and it holdeth chiefly in those beasts which feed upon flesh. Dogs almost only of beasts delight in fetid odours, which showeth there is somewhat in their sense of smell differing from the smells of other
:
CENT. IX.
them; much
siiirll
NATURAL HISTORY.
mmv
the s|iirits: and
113
we
see that
to the
the>e
\erenieiits that an- of the
lir.>t
ili<_!i->ttMi
more general axioms l.y M-alr. And of kinds of processes of natures and charac
the
worst; as the excrements
from the
ters of matter,
we
will
now
set
down some
in
belly; those that are from tin- second digestion less ill: us urine; and those that are from the third, yet less: for sweat is not so bad as the
other two; especially of some persons, that are full of heat. Likewise most putrefactions are df an odious smell for they smell either fetid or
:
stances.
Experiment solitary touching the causes of putrefac

tion.
836. All putrefactions come chiefly from the inward spirits of the body and partly also from
;
mouldy.
The cause may
be, for that putrefaction
the ambient body, be

else.
it air,
liquor, or
:
whatsoever
doth bring forth such a consistence, as is most contrary to the consistence of the body whilst it is sound for it is a mere dissolution of that form.
:
Besides, there is another reason, which is pro found and it is, that the objects that please any
:
all some equality, and, as it were, order in their composition ; but where those are wanting, the object is ever ingrate. So mix
of the senses have
by two means either by in gress of the substance of the ambient body into the body putrefied ; or by excitation and solicita tion of the body putrefied, and the parts thereof, by the body ambient. As for the received opi nion, that putrefaction is caused, either by cold, or peregrine and preternatural heat, it is but nugathis last
And
tion
disagreeing colours is ever unplea sant to the eye: mixture of discordant sounds
ture of
many
enemy
for cold, in things inanimate, is the greatest that is to putrefaction ; though it extin-
of
unpleasant to the ear: mixture, or hotchpotch many tastes, is unpleasant to the taste; harsh ness and ruggedness of bodies is unpleasant to
is
;
guisheth vivification, which ever consisteth in spirits attenuate, which the cold doth congeal and coagulate. And as for the peregrine heat, it
is
the touch
now
it is
certain, that all putrefaction,
ventive heat
thus far true, that if the proportion of the adbe greatly predominant to the
it
being a dissolution of the first form, is a mere confusion and unformed mixture of the part. Ne
vertheless
it
natural heat and spirits of the body,
tendeth to
is
strange, and seemeth to cross the
But this is dissolution, or notable alteration. wrought by emission, or suppression, or suffoca

tion, of the native spirits
;
former observation, that some putrefactions and excrements do yield excellent odours, as civet and
; and, think, ambergrease : for divers take it, though improbably, to come from : and the moss we spake of from
and also by the disor-
musk
as
some
dination and discomposture of the tangible parts, and other passages of nature, and not by a con flict of heats.
the sperm of fish

apple-trees
is little
better than an excretion.
The
Experiment
solitary touching bodies unperfectly
reason
may
crements,
be, for that there passeth in the ex and remaineth in the putrefactions,
mixed.
837. In versions, or main alterations of bodies, there is a medium between the body, as it is at first, and the body resulting; which medium is
some good
spirits ; especially where they pro ceed from creatures that are very hot. But it may be also joined with a further cause, which is
more
subtile
and
it is,
that the senses love not
corpus imperfecte mistum, and is transitory, and not durable ; as mists, smokes, vapours, chylus stomach, living creatures in the first vivifi and the middle action, which produceth such imperfect bodies, is fitly called, by some of
in the
to be over-pleased, but to have a commixture of somewhat that is in itself ingrate. Certainly,
cation
we
see
how
make
cords,
discords in music, falling upon con the sweetest strains : and we see
again, what strange tastes delight the taste : as red herrings, caviary, parmesan, &c. And it
the ancients, inquination, or inconcoction, which is a kind of putrefaction for the parts are in con fusion, till they settle one way or other.
:
may be
the
same holdeth
in smells
for those
all
kind
of smells that
we have
mentioned, are
strong,
Experiment
838.
solitary touching concoction
and
and do pull and
vellicate the sense.
And we find
The word
crudity.
where men urine, commonly have some smells of violets: and urine, if one
also, that places
hath eaten nutmeg, hath so too.
concoction, digestion, ia chiefly taken into use from living creatures and their organs; and from thence extended to liquors
or
and indefinite contem and fruits, &c. Therefore they speak of meat and notions, of the elements and their concocted; urine and excrements concocted; and conjugations; of the influences of heaven; of heat, the four digestions, in the stomach, in the liver, cold, moisture, drought, qualities active, passive, in the arteries and nerves, and in the several and the like, have swallowed up the true pas parts of the body, are likewise call concoctions : and they are all made to be the works of heat sages, and processes, and affects, and consis tences of matter and natural bodies. Therefore all which notions are but ignorant catches of they are to be set aside, being but notional and ill few things, which are most obvious to men s ob limited ; and definite axioms are to be drawn out servations. The constantest notion of concoctioo of measured instances and so assent to be made is, that it should signify the degrees of alteration, VOL. II. 15 x9
slothful, general,
The
plations,
114
NATURAL HISTORY.
1
CENT IX.
;
of one body into another, from crudity to perfect quefiable, not liquefiable
fragile,
tough
flexible-
which is the uUimity of that action inflexible ; tractile, or to be drawn forth in length ; and smooth, un, or process ; and while the body to be converted jintractile; porous, solid; equal and altered is too strong for the efficient that equal ; venous and fibrous, and with grains, entire
concoction
should convert or alter
and holdelh
fast in
consistence, it is coct: and the process is to be called crudity and inconcoction. It is true, that concoction is in
great part the work of heat, but not the work of heat alone for all things that further the conver
:
and divers others; all which to refer to heat, and it, whereby it resisteth some degree the first form or cold, and moisture, and drought, is a compendious But of these see princi all that while crude and incon- and inutile speculation.
pally our
"
Abecedarium
in this
naturae;"
and other wise
"sparsim"
our
"Sylva
Sylvarum
:"
nevertheless, in
some good
part,
we
shall handle
divers of
them now presently.

solitary touching bodies liquejiable, and not liquefiable.
sion or alteration, as rest, mixture of a body al ready concocted, &c., are also means to concoc
Experiment
840. Liquefiable, and not liquefiable, proceed from these causes; liquefaction is ever caused by the detention of the spirits, which play within tlie creatures in which there is an absolute conver body and open it. Therefore such bodies as are sion and assimilation of the nourishment into the more turgid of spirit; or that have their spirits body and likewise in the bodies of plants and more straitly imprisoned ; or, again, that hold again in metals, where there is a full transmuta them better pleased and content, are liquefiable:
Arid there are of concoction two periods ; the one assimilation, or absolute conversion and
tion.
subaction; the other maturation; whereof the former is most conspicuous in the bodies of living
:
and of the last in most sought for grease, pitch, sulphur, butter, wax, &c. The dis man s use; as in clarifying of drinks, ripening of position not to liquefy proceedetli from the easy But note, that there be two kinds of emission of the spirits, whereby the grosser parts fruits, &c. absolute conversions ; the one is, when a body is contract; and therefore bodies jejune of spirits, converted into another body, which was before; or which part with their spirits more willingly, as when nourishment is turned into flesh ; that is are not liquefiable; as wood, clay, free-stone, it which we call assimilation. The other is, &c. But yet even many of those bodies that
is
The other, which is maturation, is seen in liquors and fruits; wherein there is not desired, nor pretended, an utter conversion, but only an
tion.
for these three dispositions of bodies
do arrest the
of the
first
emission of the
spirits.
An example
two properties
in metals;
alteration to that form
which
is
when
the conversion is into a
body merely new,

if silver
and which was not before; as

version
is
should be turned to gold, or iron to copper: and this con

better called, for distinction sake, trans
mutation.
will not melt, or will hardly melt, will notwith standing soften as iron in the forge ; and a stick bathed in hot ashes, which thereby becometh more flexible. Moreover there are some bodies which do liquefy or dissolve by fire; as metals,
:
wax, &c.
Experiment
solitary touching alterations, may be called majors.
and other bodies which dissolve in
wa
which
as salt, sugar, &c. The cause of the former proceedeth from the dilatation of the spirits by
ter
;
tions
839. There are also divers other great altera of matter and bodies, besides those that tend
heat: the cause of the latter proceedeth from the opening of the tangible parts, which desire to
receive the liquor. Again, there are some bodies that dissolve with both : as gum, etc. And those
store of spirit;
and maturation; for whatsoever doth so alter a body, as it returneth not again to that it was, may be called "alteratio major;" as
to concoction
when meat is boiled, or roasted, or fried, etc., or when bread and meat are baked or when cheese is made of curds, or butter of cream, or coals of
;
be such bodies, as on the one side have good and on the other side, have the
tangible parts indigent of moisture ; for the former helpeth to the dilating of the spirits by fire; and
to
the latter stimulateth the parts wood, ; But to apply notions philosophical to plebeian liquor. terms ; or to say, where the notions cannot fitly
or bricks of earth
and a number of others.
receive
the
be reconciled, that there wanteth a term or nomen clature for it, as the ancients used, they be but shifts of ignorance ; for knowledge will be ever a wandering and indigested thing, if it be but a commixture of a few notions that are at hand and occur, and not excited from sufficient number of instances, and those well collated. The consistence of bodies are very diverse
:
Experiment
solitary touching bodies fragile
and
tough.
811. Of bodies, some are fragile: and some are tough, and not fragile; and in the breaking, some fragile bodies break but where the force is ;
some
shatter and fly in
many
pieces.
to
Of fragili
dense, rare
tangible, pneumatical ; volatile, fixed ; determinate, not determinate; hard, soft; cleav
;
ing, not cleaving; congelable, not congelable,
li-
be extended ; and therefore stone is more fragile than metal; and so fictile earth is more fragile than crude And the cause earth ; and dry wood than green. of this unaptness to extension, is the small quanty, the
cause
is
an impotency
CKNT. IX.
NATURAL
Hl.sToUY.
"(
115
the tangible parts, which there, Uty of spirits, for it is the spirit that furthereth equal spreading the extension or dilatation of bodies, -ami it is by are more sliding and following: as in gold, Hut note, that soft bodies as we ever concomitant with porosity, and uilli drvness lead, wax, &c. in tin- tangible parts: contrariwise, tough bodies use the word, are of two kinds ; the one, that ea have limn: spirit, and fewer pores, ;md moistcr sily uiveth place to another body, but alu reth not
tangible parts: therefore we see that parchment or leather \\ill stretch, paper will not; woollen
cloth will tenter, linen scarcely.
bulk, by rising in other places: and therefore we see that wax, if you put any thing into it, doth not rise in bulk, but only givelh place ; for you may not think, that in printing of wax, the wax
Experiment
two kinds of
jim niniiticaU in bodies.
842. All solid bodies consist of parts of two several natures, pneumatical and tangible; and it is well to be noted, that the pneumatical sub
stance
is in
up at all ; but only the depressed part giveth place, and the other remaineth as it was. The other that altereth bulk in the cession, as
riseth
water, or other liquors,
some bodies
the native spirit of the
if you put a stone or any thing into them, they give place indeed easily, but then they rise all over ; which is a false cession ;
body, and in some other, plain air that is gotten for it is in place, and not in body. in ; as in bodies desiccate by heat or age for in them when the native spirit goeth forth, and the Experiment solitary touching bodies ductile and tensile. moisture with it, the air with time getteth into 845. All bodies ductile and tensile, as metals, And those bodies are ever the more the pores. for the native is more and that will be drawn into wires; wool and tow, that
:
spirit fragile; yielding extensive, especially to follow the parts, than air. The native spirits also admit great diversity ; as
whence proceed most of the virtues and qualities, as we call them, of bodies but the air intermixed is without virtues,
hot, cold, active, dull, &c.,
:
will be drawn into yarn or thread, have in them the appetite of not discontinuing strong, which maketh them follow the force that pulleth them
and maketh things insipid, and without any exstimulation.
out; and yet so as not to discontinue or forsake Viscous bodies likewise, as their own body. pitch, wax, bird-lime, cheese toasted, will draw
Experiment solitary touching concretion and

lution of bodies.
disso
and rope. But the difference between bodies and bodies viscous is plain for al. wooi, and tow, and cotton, and silk, especially raw silk,
forth
fibrous
843.
The
concretion
of bodies
is
commonly gard
rate
have, besides their desire of continuance, in re of the tenuity of their thread, a greediness
of moisture
solved by the contrary ; as ice, which is congealed by cold, is dissolved by heat; salt and sugar, which are excocted by heat; are dissolved by cold and moisture. The cause is, for that these
operations are rather returns to their former na ture, than alterations ; so that the contrary cureth.
and by moisture to join and incorpo ; with other thread ; especially if there be a
wreathing; as appeareth by the twisting of
little
thread, and the practice of twirling about of spin dles. And we see also, that gold and silver
thread cannot be
made without
twisting.
doth neither easily congeal with The cause of both cold, nor thicken with heat. effects, though they be produced by contrary effi
for oil,
it
As
Experiment
ter,
solitary touching other passions of and characters of bodies.
mat
846. The differences of impressible and not im cients, seemeth to be the same; and that is, be cause the spirit of the oil by either means exhaleth pressible; figurableand not figurable; mouldable and the heat, and not mouldable ; scissile and not scissile, and little, for the cold keepeth it in except it be vehement, doth not call it forth. AB many other passions of matter, are plebeian nofor cold, though it take hold of the tangible parts, tions applied unto the instruments and uses which
:
yet as to the spirits, it doth rather make them swell than congeal them as when ice is con gealed in a cup, the ice will swell instead of con
:
men
ordinarily practise; but they are all but the
tracting, and sometimes
rift.
Erpiriment
844.
:
solitary touching
hard and
soft bodies.
soft
ing up. The second is the stronger or weaker the hardness is appetite in bodies to continuity, and to fly discon ness of the spirits, and their imparity with the The third is the disposition of bodies to tinuity. both which, if they be in a greater contract, or not contract: and tangible parts again, to extend, or but fragile, and not extend. The fourth is the small quantity, or di"_rree, make them not only hard, less enduring of pressure ; as steel, stone, of the pneumatical in bodies. The glass, great quantity dry wood, &c. Softness cometh, contrariwise, by fifth is the nature of the pneumatical, whether it the greater quantity of spirits, which ever helpeth be native spirit of the body, or common air. The to induce yielding and cession, and by the more sixth is the nature of the native spirits in the body,
:
Of bodies, some we
some of these causes following, which we will enumerate without applying them, be cause that will be too long. The first is the ces sion, or not cession of bodies, into a smaller space or room, keeping the outward bulk, and not fly
effects of
see are hard, and some caused chiefly by the jejune-
116
NATURAL HISTORY.
CENT. IX.
whether they be active and eager, or dull and gen- northern countries, mead simple, which, well ilt The seventh is the emission, or detention of made and seasoned, is a good wholesome drink, the spirits in bodies. The eighth is the dilatation, and very clear. They use also in Wales a com or contraction of the spirits in bodies, while they pound drink of mead, with herbs and spices. But are detained. The ninth is the collocation of the meanwhile it were good, in recompense of that spirits in bodies, whether the collocation be equal, we have lost in honey, there were fan ught in use or unequal; and again, whether the spirits be a su<_rar-mead, for so we may call it, though with coacervate, or diffused. The tenth is the density, out any mixture at all of honey, and to brew it, The eleventh is and keep it stale, as they use mead for certainly, or rarity of the tangible parts. the equality, or inequality of the tangible parts. though it would not be so abstersive, and open The twelfth is the digestion, or crudity of the ing, and solutive a drink as mead ; yet it will be tangible parts. The thirteenth is the nature of more grateful to the stomach, and more lenitive, the matter, whether sulphureous or mercurial, and fit to be used in sharp diseases for we see, watery or oily, dry and terrestrial, or moist and that the use of sugar in beer and ale hath good which natures of sulphureous and mercu effects in such cases. liquid; rial seem to be natures radical and principal. The fourteenth is the placing of the tangible parts Experiment solitary touching the finer sort of bast
.
in length or transverse, as
it is
in the
the
woof of
textiles,
more inward
or
warp ;:nd more out
mtta/s.
849. It
ward, &c. The fifteenth is the porosity or imporosity betwixt the tangible parts, and the greatness or smallness of the pores. The sixteenth is the col location and posture of the pores. There may be more causes ; but these do occur for the present.
was
reported by the ancients, that there a kind of steel in some places, which would
is
polish almost as white and bright as silver. And that there was in India a kind of brass, which,
Experiment
847.
it,
solitary touching induration by
sym
pathy.
Take
lead and melt
it,
and
in the
midst of
being polished, could scarce be discerned from This was in the natural ure: but I am doubtful, whether men have sufficiently refined metals, which we count base ; as whether iron, But brass, and tin be refined to the height] when they come to such a fineness, as serveth the
gold.
when it beginneth to congeal, make a little dint or hole, and put quicksilver wrapped in a piece of linen into that hole, and the quicksilver will fix and run no more, and endure the hammer. This
is
ordinary use, they try no farther.
Experiment solitary touching cements and quarries.
a noble instance of induration,
850. There have been found certain cements by consent of under earth that are very soft; and yet, taken
forth
one body with another, and motion of excitation it only to the vapour of lead, is less probable. Query, whether the fixing maybe in such a degree, as it will be figured like other metals ? For if so, you may make works of
to imitate; for to ascribe
it
into the sun, harden as hard as
marble
there are also ordinary quarries in Somersetshire, which in the quarry cut soft to any bigness, and
in the building prove firm
and hard.
for
some purposes, so they come not near
the
fire.
Experiment
solitary touching the altering of the colour of hairs and feathers.
and sugar. 846. Sugar hath put down the use of honey, insomuch as we have lost those observations
Exjjerirnent solitary touching h/mcy
hair with age, turning to be gray and white
851. Living creatures generally do change their : as is
and preparations of honey which the ancients had, when it was more in price. First, it seemeth that there was in old time tree-honey, as well as bee-honey, which was the tear or blood issuing from the tree insomuch as one of the ancients relateth, that in Trebisond there was honey issuing from the box-trees which made men mad. Again, in ancient time there was a kind of honey, which either of its own na ture, or by art, would grow as hard as sugar, and was not so luscious as ours. They had also a wine of honey, which they made thus. They
:
seen in men, though some earlier, some later; in horses that are dappled, and turn white; in old and many others. So squirrels that turn grisly
;
do some birds; as cygnets from the gray turn white ; hawks from brown turn more white. And some birds there be that upon their moulting do turn colour ; as robin-red-breasts, after their moulting, grow to be red again by degrees, so do goldfinches upon the head. The cause is, for that moisture doth chiefly colour hair and feathers, and dryness turneth them grey and white now hair As for fea in ago waxeth drier; so do feathers. thers, after moulting, they are young feathers, and crushed the honey into a great quantity of wator, so all one as the feathers of young birds. So the and then strained the liquor: after they boilod it beard is younger than the hair of the head, and
:
in a copper to the half; then they poured it into earthen vessels for a small time, and after turned
*.t
doth, for the

this
most
part,
wax
hoary
ground a
man may
devise the
later. Out of means of alter
into vessels of
They have
wood, and kept it for many years. also at this day, in Russia and those
ing the colour of birds, and the retardation of hoary hairs. But of this see the fifth experiment.
CENT. IX.
Experiment
.vVJ.
HISTORY.
the (lijfrrtnces of liv
<t
solitary touching ing irniturtx, mule
as the whale
I
is far
greater than greater
the.
lid
ft mule.
generally
elephant: and than birds. For
The
difference
is
in
some
creatures,
and soaked by the air and sun-beams. Also they th. in in and marcs, do^s and bitches, doves lie and she, rest always in a manner, and are supported by the and others. But some differ in magnitude, and water, whereas motion and labour do consume. As for the greatness of beasts more than of birds, thai, diversely ; for in most the male is the greater ; as in nuin, pheasants, peacocks, turkeys, and the it is caused, for that beasts stay longer lime in the and in some few, as in hawks, the female. womb than birds, and there nourish and grow ; like Some differ in the hair and feathers, both in the whereas in birds, after the egg laid, there is no and colours of them; as he- further growth or nourishment from the female;
\vi>e
:
between male and female, not to be discerned, otherthe parts of gem-ration: as in horses
lishes, the
cause
air,
not in the
may be, that because they live they have not their moisture dravsn
quantity, crispation,
lions are hirsute,
and have great manes
the shes
for the sitting
doth vivify, and not nourish.
are
smooth like
cats.
Bulls are more crisp upon

the peacock, and phea
the forehead than
cows ;
Experiment
854.
solitary touching exossation of fruits.
sant-cock, and goldfinch-cock, have glorious and fine colours; the hens have not. Generally the
We have
partly touched before the
means
Some hes in birds have the fairest feathers. differ in divers features: as bucks have horns, dance of moisture ; for that the core and stone are does none ; rams have more wreathed horns than made of dry sap and we see that it is possible ewes ; cocks have great combs and spurs, hens to make a tree put forth only in blossom, without boars have great fangs; sows fruit, as in cherries with double flowers, much little or none; much less the turkey-cock hath great and swel more into fruit without stone or cores. It is re
: ;
of producing fruits without cores or stones. And this we add farther, that the cause must be abun
men have generally ling gills, the hen hath less deeper and stronger voices than women. Some
:
ported that a scion of an apple, grafted upon a colewort stalk, sendeth forth a great apple with It is not unlikely, that if the inward differ in faculty, as the cocks amongst singing-birds out a core. are the best singers. The chief cause of all these, pith of a tree were taken out, so that the juice
no doubt is, for that the males have more strength came only by the bark, it would work the effect. For it hath been observed, that in pollards, if the df heat than the females, which appeareth mani festly in this, that all young creatures males are water get in on the top, and they become hollow, We add also, that it is ike females, and so are eunuchs, and gelt creatures they put forth the more. (.f all kinds, liker females. Now heat causeth delivered for certain by some, that if the scion be greatness of growth, generally, where there is grafted the small end downwards, it will make moisture enough to work upon but if there be fruit have little or no cores and stones. found in any creature, which is seen rarely, an
1 :
ever-great heat in proportion to the moisture, in them the female is the greater, as in hawks and
Experiment
solitary touching the melioration tobacco.

is
of
And if the heat be balanced with the sparrows. moisture, then there is no difference to be seen between male and female, as in the instances of
horses and dogs.
855. Tobacco
in request: for an acre of
a thing of great price, if it be it will be worth, as is
affirmed,
We
see also, that the horns of
oxen and cows, for the most part, are larger than the bulls, which is caused by abundance of mois ture, which in the horns of the bull faileth. Again, heat causeth pilosity and crispation, and so likewise beards in men. It also expclleth finer moisture, which want of heat cannot expel; and that is the cause of the beauty and variety of feathers Again, heat doth put forth many ex crescences, and much solid matter, which want of heat cannot do and this is the cause of horns, and of the greatness of them, and of the greatness of the combs and spur? of cocks, gills of turkeycocks, and fangs ofboan Heat also dilatcth the pipes and "rirans, which .-ausctli the deepness of
;
charge. otherwise
two hundred pounds by the year towards The charge of making the ground and
is
great, but nothing to the profit; but
the English tobacco hath small credit, as being too dull and earthy: nay, the Virginian tobacco, though that be in a hotter climate, can get no
credit for the
same cause
so that a
trial to
make
tobacco more aromatical, and better concocted, here in England, were a thing of great profit. Some have gone about to do it hy drenching the English tobacco in a decoction or infusion of In
dian tobacco
;
but those are but sophistications
and toys; for nothing that is once perfect, and hath run his race, can receive much amendment.
You must
for
melioration.
ever resort to the beginning! of things The way of maturation of tobacco
-he voice. A<rain, heat relinetli the spirits, and that causeth the cock singing-bird to excel the hen.
imi-t. as in other plants, be from the heat either of the earth or of the sun: we see some leading
Experiment solitary lourhini; the comparative magnitude if lirin^ cmiiurrs. 853. There be fishes greater than any beasts
of this in musk-melons, which are sown upon a r liMt-hed duu_ ed below, upon a bank turned upon
the south sun, to give heat by reflection ; laid upon tiles, which increaseth the heat, and covered
118
with straw
to
XUTRU,
HISTORY.
CENT. IX
keep them from cold. They remove incorporation doth make the mixture of the body them also, which addeth some life: and by these more equal in all the parts; which ever induceth helps they become as good in England, as in Italy a milder taste. or Provence. These, and the like means, may be tried in tobacco. Inquire also of the steeping Experiment solitary touching JJesh edible, and not of the roots in some such liquor as may give them edible.^
vigour to put forth strong.
solitary touching several heats
the
Experiment
working
!
same
effects.
856. Heat of the sun for the maturation of
859. Of fleshes, some are edible; some, ex F r those that are cept it be in famine, not. not edible, the cause is, for that they have too much bitterness of taste; and commonly
therefore
and the heat of vivification of living creatures, are both represented and supplied by the heat of fire ; and likewise the heats of the sun, and life, are represented one by the other. Trees set upon the backs of chimneys do ripen fruit sooner. Vines, that have been drawn in at the window of a kitchen, have sent forth grapes ripe a month at least before others. Stoves at the back of walls bring forth oranges here with us. Eggs, as is reported by some, have been hatched in the warmth of an oven. It is reported by the ancients, that the ostrich layeth her eggs under sand, where the heat of the sun discloseth them.
fruits; yea,
those creatures which are fierce and

;
choleric are not edible

rels,
as lions, wolves, squir
&c. As for kine, sheep, goats, deer, swine, conies, hares, &c., we see they are mild and fearful. Yet it is true,
dogs,
foxes,
horses,
that horses, which are beasts of courage, have been, and are eaten by some nations; as the
called Hippophagi; and the Chinese eat horse-flesh at this day; and some In gluttons have used to have colts -flesh baked. birds, such as are carnivore, and birds of prey, are commonly no good meat, but the reason is, rather the choleric nature of those birds, than
their
Scythians were
Experiment
solitary touching swelling tion in boiling.
and
dilata
feeding upon flesh : for pewets, gulls, shovellers, ducks, do feed upon flesh, and yet are meat. And we see that those birds which good
are of prey, or feed upon flesh, are good meat when they are very young ; as hawks, rooks out
857. Barley in the boiling swelleth not
much
wheat swelleth more
rice extremely,
insomuch
as a quarter of a pint, unboiled, will arise to a The cause no doubt is, for that the pint boiled. more close and compact the body is, the more it
will
The
of the nest, owls, &c. reasons are three
Man
:
s flesh is not eaten.
first,
because
men
in
dilate:
now
barley
is
the
wheat more
of all. some bodies have a kind of lentour, and more depertible nature than others ; as we see it evident in colouration; for a small quantity of saffron will tinct more than a very great quantity of brasil or wine.
solid than that; It may be also that
and
rice
most hollow; most solid

j
secondly, because no liv ing creature that dieth of itself is good to eat: and therefore the cannibals themselves eat no
it
:
humanity do abhor
man
s flesh
of such as are slain.
of those that die of themselves, but The third is, because there
must be generally some disparity between the nourishment and the body nourished and they must not be over-near, or like yet we see, that in great weaknesses and consumptions, men have
; :
Experiment
solitary touching the dulcoration of
been sustained with
woman
milk; and Faci-
fruits.
858. Fruit groweth sweet by rolling, or press ing them gently wîth the hand ; as rolling pears,
nus, fondly, as I conceive, adviseth, for the pro longation of life, that a vein be opened in the
arm of some wholesome young man, and the

blood to be sucked.
It is said
damascenes, &c.
by rottenness; as medlars, services, sloes, hips, &c. by time as apples, wardens, pomegranates, &c. by certain special maturations as by laying them in hay, straw, and by fire as in roasting, stewing, bak &c.
:
:
that witches
do
greedily eat man s flesh ; which if it be true, be sides a devilish appetite in them, it is likely to
man s flesh may send up high and pleasing vapours, which may stir the imagina The cause of the sweetness by rolling tion ; and witches felicity is chiefly in imagina ing, &c. and pressing, is emollition, which they properly tion, as hath been said. as in beating of stock-fish, flesh, &c. induce;
;
proceed, for that
by rottenness
is,
for that the spirits of the fruit
by
putrefaction gather heat, and thereby digest the harder part, for in all putrefactions there is a de gree of heat: by time and keeping is, because
the spirits of the
Experiment solitary touching the salamander. 860. There is an ancient received tradition of the salamander, that it liveth in the fire, and hath force also to extinguish the fire. It must have
gible
if it be true, to this operation the one a very close skin, whereby flame, which in the midst is not so hot, cannot enter; for we si r fire is, because it is the proper work of heat to re- that if the palm of the hand be anointed thick Sne, and to incorporate ; and all sourness con- with white of egg, and then aqua vitae be poured eistelh in some grossness of the body; and all upon it, and inflamed, yet one may endure the
:
parts,
maturations
body do ever feed upon the tan and attenuate them: by several and by is, by some degree of heat
:
two things,
CKNT. IX.
fl
NATI
The
other
is
AI.
HISTORY.
in
:
119
in water.
une a pretty while.

:iml
queiii-liinir
some extreme mure
wine than
The cause may be

liquor, in
cild
virtue in the
fire.
creature,
which choketh the

wildfire
We
body of
llr.it
trivial
namely, by the expense of the
see that
milk
cause
qtieiichetli
it
better
than water, be
entereth better.
the bottle.-: regard some may stick to the sides of but there may be a cause more subtile ; which is. that the liquor in the vessel is not so much com
in the vessel pressed as in the bottle ; because Experiment solitary touching the contrary opera. the liquor meeteth with liquor chiefly; but in tho tinnx of time upon fruits and liquors. of liquor meeteth with bottles a small quantity 861. Time doth change fruit, as apples, pears, the sides of the bottles, which compress it so that it doth not open again. from more sour to more sweet pomegranate*, ice., but contrariwise liquors, even those that are of the juice of fruit, from more sweet to more sour: Experiment solitary touching the working nf water
:
The cause as wort, musted, new verjuice, &c. is, the congregation of the spirits together : for
in both kinds
upon
air contiguous.
the spirit
is
attenuated by time;
diffused, and more cause is, for that heat and cold have a virtual mastered by the grosser parts, which the spirits transition, without communication of substance; do but digest: but in drinks the spirits do reign, but moisture not and to all madefaction there is and finding less opposition of the parts, become required an imbibition but where the bodies arc themselves more strong; which causeth also of such several levity and gravity as they mingle more strength in the liquor; such as if the spirits not, there can follow no imbibition. And there be of the hotter sort, the liquor becometh apt to oil likewise lieth at the top of the water, fore, burn but in time, it causeth likewise, when the without commixture and a of water running drop higher spirits are evaporated, more sourness. swiftly over a straw or smooth body, wetteth not.
865. Water, being contiguous with air, cooleth The it, but moisteneth it not, except it vapour.
but in the
first
kind
it is
more
Experiment solitary touching blows and bruises. 862. It hath been observed by the ancients, that plates of metal, and especially of brass, ap plied presently to a blow, will keep it down from swelling. The cause is repercussion, without humectation or entrance of any body: for the olate hath only a virtual cold, which doth not search into the hurt; whereas all plasters and ointments do enter. Surely, the cause that blows and bruises induce swellings is, for that the spirits resorting to succour the part that laboureth,draw also the humours with them for we see, that it is not the repulse and the return of the humour in the part strucken that causeth it ; for that gouts and toothaches cause swelling, where there is no
:
Experiment
solitary touching the nature of air.
866. Starlight nights, yea, and bright moon shine nights, are colder than cloudy nights. The cause is, the dryness and fineness of the air.
which thereby becometh more piercing and sharp and therefore great continents are colder than islands: and as for the moon, though itself in.
clineth the air to moisture, yet when it shineth Also close air is bright, it argueth the air is dry.
warmer than open air; which, it may be, is, for that the true cause of cold is an expiration from the globe of the earth, which in open places is
stronger; and again, air itself, if it be not altered by that expiration, is not without some secret
percussion at
; singular ; in those that are in any degree sweet, it is but the same sweetness with the wood or leaf: but
degree of heat ; as it is not likewise without some secret degree of light: for otherwise cats and owls could not see in the night; but that air hath Experiment solitary touching the orrice root. 863. The nature of the orrice root is almost a little light, proportionable to the visual spirits for there be few odoriferous roots and of those creatures.
all.

867.
the eyes
and
sight.
;
not sweet in the leaf; neither is the flower any thing so sweet as the root. The root seemeth to have a tender dainty heat; which
the orrice
is
The eyes do move one and the same way for when one eye moveth to the nostril, the other moveth from the nostril. The cause is, motion of
in the spirits
is
when
air,
it
cometh above ground

:
to the
sun and the consent, which

strong.
for
vanisheth
for
it
is
a great mollifier; and
But yet use

is,
and parts spiritual will induce the contrary ;

will
:
hath a smell like a violet.
some can squint when they

tradition
and the
common
ExperimerJ
86 1.
that a
tli
that if children be set
upon
solitary touching the compression of

liquors.
a table with a candle behind them, both eyes will move outwards, as afTrctiiiLT to see the light, and
It
hath been observed by the ancients,

vessel full,
irreat.
drawn
into bottles,
and
Mi tin-
fill
liquor put again into the vessel, will not the vessel again so full as it was, but that it
so induce squinting. 868. see more exquisitely with one eye The cause is, for thai shut, than with both open.
We
the spirits visual unite themselves more, and so
may
take in more liquor: and that this hoideth
become
stronger.
For you may
see,
by looking
120
NATURAL HISTORY.
]
CENT. IX
in a glass, that when you shut one eye, the pupil of the other eye that is open dilateth.
869. The eyes, if the sight meet not in one angle, see things double. The cause is, for that seeing two things, and seeing one thing twice, worketh the same effect: and therefore a little
pellet
blushing, it is true the spirits ascend likewise to succour both the eyes and the face, which are the parts that labour; but then they are repulsed by
the eyes, for that the eyes, in shame, do put back the spirits that ascend to them, as unwilling to
look abroad
for
no
man
in that passion doth look
held
between two fingers
laid
across,
seemeth double.
870. Poreblind men see best in the dimmer and likewise have their sight stronger near hand, than those that are not poreblind ; and
lights:
strongly, but dejectedly; and that repulsion In in the eyes diverteth the spirits and heat more to tho
ears,
and the parts by them.
can read and write smaller

is,
letters.
The cause
The objects of the sight may cause a great pleasure and delight in the spirits, but no pain or great offence ; except it be by memory, as hath
873.
been said. The glimpses and beams of diamonds that strike the eye; Indian feathers, that have and therefore the greater light dispcrseth them. glorious colours; the coming into a fair garden; For the same cause they need contracting; but the corning into a fair room richly furnished; a being contracted, are more strong than the visual beautiful person; and the like; do delight and The reason why it spirits of ordinary eyes are; as when we see exhilarate the spirits much. through a level, the sight is the stronger; and so holdeth not in the offence is, for that the sight is is it when you gather the eyelids somewhat the most spiritual of the senses; whereby it hath close: and it is commonly seen in those that are no object gross enough to offend it. But the cause that they do much gather the eyelids chiefly is, for that there be no active objects to poreblind, But old men, when they would see to offend the eye. For harmonical sounds, and dis together. so read, put the paper somewhat afar off: the cause cordant sounds, are both active and positive so are bitter and is, for that old men s spirits visual, contrary to are sweet smells and stinks those of poreblind men, unite not, but when the sweet in tastes : so are over-hot and over-cold in touch: but blackness and darkness are indeed object is at some good distance from their eyes. 871. Men see better, when their eyes are over- but privatives ; and therefore have little or no Somewhat they do contristate, but very against the sun or candle, if they put their hand a activity,
for that the spirits visual in those that are poreblind, are thinner and rarer than in others ;
:
:
little
before their eyes. The reason is, for that the glaring of the sun or the candle doth weaken the eye; whereas the light circumfused is enough
for the perception.
little.
Experiment solitary touching the coloui of the sea or other water. For we see that an over-light maketh the eyes dazzle insomuch as perpetual 874. Water of the sea, or otherwise, looketh looking against the sun would cause blindness. blacker when it is moved, and whiter when it
;
if men come out of The cause is, for that by means of the great light into a dark resteth. and contrariwise, if they come out of a motion, the beams of light pass not straight, and ; room into a light room, they seem to have a therefore must be darkened whereas, when it dark mist before their eyes, and see worse than they resteth, the beams do pass straight. Besides,
Again,
room
after they have stayed either in the light or in the dark.
shall
do
little
while,
is,
The cause
visual are, upon a sudden change, disturbed and put out of order; and till they be recollected, do not perform their function
for that
the
spirits
splendour hath a degree of whiteness; especially if there be a little repercussion for a lookingglass with the steel behind, looketh whiter than
:
This experiment deserveth to be glass simple. driven farther, in trying by what means motion
For when they are much dilated by light, may hinder sight. they cannot contract suddenly; and when they are much contracted by darkness, they cannot Experiment solitary touching shell-Jish. 875. Shell-fish have been, by some of the dilate suddenly. And excess of both these, that ancients, compared and sorted with the insecta; is, of the dilatation and contraction of the spirits For as but I see no reason why they should ; for they visual, if it be long destroyeth the eye.
well.
long looking against the sun or fire hurteth the have male and female as other fish have neither eye by dilatation; so curious painting in small are they bred of putrefaction; especially such as volumes, and reading of small letters, do hurt the do move. Nevertheless it is certain, that oysters, and cockles, and mussels, which move not, have eye by contraction. 872. It hath been observed, that in anger the no discriminate sex. Query, in what time, and It seemetli, that shells of eyes wax red ; and in blushing, not the eyes, but how they are bred? the ears, and the parts behind them. The cause oysters are bred where none were before; and i is, for that in anger the spirits ascend and wax is tried, that the great horse-mussel, with the
:
|
j
! ! !
most easily seen in the eyes, fine shell, that breedeth in ponds, bath bred withhecausR they are translucid though withal it in thirty years: but then, which Is strange, it maketh both the cheeks and the gills red but in hath been tried, that they do not only gape and
*>a<;er;
which
is-
CKNT. IX.
the
to
"ysirrs
N VITRM. HISTORY.
dn,
l)iit
121
n-iimve from one place
J-:.rjr, ,nrnt solitary timcliinz Hi,

i /i
ml/inland break.
am. tin
i
r.
tlu seas.
<>f
880. Shallow ami n.uro\\

I .j-jH
ime nt solitary touching the right side atul

the left.
M-.I^ lir.-ak
I,.
|,, r
mrc
tli.tn
liiii-,
l
|>
.mi!
laiffc
h.-iiiir
ll.-
ran-,
in
lliat, tin-
pnUiou
greater
tin-
s.im.-
both, win-re
ih. n-
are alike strong, both on the right side and on tin: left; hut the limbs on the The cause be, for right side are stronger.
876.
The senses
quantity of water, and
likewise
s|.ae.:
may
tli.it
ill*
brain,
which
is
the instrument of sense,
is alike on both sides; but motion, and abilities of moving, V* somewhat holpen from the liver, moveth more swiftly, and more in precipice; which lieth on the right side. It may be also, in the breaking of the waves there is ever a
enough, then- the water rolleth and moveth, both more slowly, and with a sloper rise and fall but where there is less water, and less space, and the water dashelh more against the bottom, there it
:
for
pre
senses are put in exercise indifferently on botli sides from the time of our birth ; but the limbs are used most on the right side, whereby
fur th;it the
cipice.
Experiment
881.
It
solitary touching the dulcoration of

salt
custom helpeth for we see that some ar handed which are such as have used the hand most.
; ;
left-
water.
left
Experiment
877. Frictions
;
solitary touching frictions.
hath been observed by the ancients, that salt water boiled, or boiled and cooled again, is more potable, than of itself raw: and yet the taste of salt in distillations by fire riseth not, for
the distilled water will be fresh.
the parts more fleshy and see both in men, and in currying of The cause is, for that they draw horses, &c. greater quantity of spirits and blood to the parts: and again, because they draw the aliment more
full
make
The cause may
as
we
and again, because forcibly from within relax the pores, and so make better
:
they passage for
be, for that the salt part of the water doth partly rise into a kind of scum on the top, and partly goeth into a sediment in the bottom, and so is rather a separation than an But it evaporation. is too gross to rise into a vapour, and so is a bit
ter taste likewise; for
simple distilled waters,
ot
the spirits, blood, and aliment: lastly, because
wormwood, and
Experiment
the like, are not bitter
they dissipate and digest any inutile or excrementitious moisture which lieth in the flesh ; all which
help assimilation.
Frictions also do
more
fill
solitary touching the return of saltnea in pits upon the seashore.
and impinguate the body than exercise. The cause is, for that in frictions the inward parts are
at rest
;
882. It hath been set
upon the seashore turn
down before, that pits into fresh water, by per

:
which
:
too
much
and
in exercise are beaten, many times, for the same reason, as we have
colation of the salt through the sand but it is further noted, by some of the ancients, that in
noted heretofore, galley-slaves are fat and fleshy because they stir the limbs more, and the inward
parts less.
some places of Africa, after a time, the water in such pits will become brackish again. The cause
is,
for that after a time, the salt
which the
Experiment
solitary touching globes at distance*
appearing flat
the
strainer itself is tinctured

is,
very sands through water passeth, become salt, and so with salt. The
to dig still new pits, when as if you would change ;
remedy therefore
878. All globes afar off appear

is, for
flat.
The cause
the old
wax
brackish
that distance, being a secondary object of
your strainer.
sight, is not otherwise discerned, than by more or less light; which disparity, when it cannot be
Experiment
discerned, all seemeth one : as objects not distinctly discerned
it is,
generally, in
solitary touching attraction tude of substance.
by simili
for so letters, if ; they be so far off as they cannot be discerned, show but as a duskish paper ; and all engravings and embossings, afar off, appear plain.
883. It hath been observed by the ancients, that salt water will dissolve salt put into it, in
less time than fresh water will dissolve
it.
The
Experiment
879.
to
solitary touching shadows.
cause may be, for that the salt in the precedent water doth, by similitude of substance, draw the salt new put in unto it; whereby it diffuseth in
The uttermost parts of shadows seem ever tremble. The cause is, for that the little
we see in the sun do ever stir, though there be no wind; and therefore those stance. Try itwith sugar put into water former moving, in the meeting of the light and the ly sugared, and into other water unsugared. shadow, from the light to the shadow, and from
motes which
the
This is a noble expe showeth means of more quick and easy infusions, and it is likewise good instance of attraction by similitude of sub
riment, if
it
the liquor more speedily.
be
true, for
it
,i
shadow to the light, do show the shadow move, because the medium moveth. VOL. II. 16
to
Experiment solitary touching attraction. 884. Put sugar into wine, part of it above,
122
NATURAL HISTORY.
CENT. IX.
part under the winr, and you shall find, that which may seem strange, that the sugar above the wine will soften and dissolve sooner than that within the wine. The cause is, for that the wine entereth that part of the sugar which is under the wine, by simple infusion or spreading; but that part above the wine is likewise forced by suck ing ; for all spongy bodies expel the air and draw
in liquor, if
cause therein you may see the motion, and set a candle lighted in the bottom of a bason of water, and turn the mouth of the pot or glass over the candle, and it will make the water rise. They
ascribe
true
it
to the
drawing of heat
which
is
not
it be contiguous: as we see it also It is close air, lesseneth sponges put part above the water. by little and little; during worthy the inquiry, to see how you may make which time there is some little ascent of water, more accurate infusions, by help of attraction. but not much for the flame occupying less and
: for it appeareth plainly to be but a motion of nexe, which they call ne detur vacuum ; and it proceedeth thus. The flame of the candle, as soon as it is covered, being suffocated by the
in
less
But upon the instant of the candle s going out, sudden rise of a great deal of water in in caves. The cause is, for that the body of the flame filleth no more for that in the higher parts, under the earth, there It place, and so the air and the water succeed. is a degree of some heat, as appeareth in sulphu worketh the same effect, if instead of water you reous veins, &c., which shut close in, as in winter, put flour or sand into the bason which showeth, is the more ; but if it perspire, as it doth in sum that it is not the flame s drawing the liquor as
885.
Experiment
;
solitary touching heat

is
under earth.
room, as
it
lesseneth, the water succeedeth.
Water in wells summer and so air
warmer
in winter than
there is a
mer,
it is
the less.
Experiment
886. It
is
solitary touching
flying in
the air.
reported, that
dians, in ancient time, did use to precipitate a
amongst the Leucaupon a superstition they

a high cliff into with strings, at some
man from
the sea, tying about him distance, many great fowls, and fixing unto his body divers feathers, spread, to break the fall.
it is supposed ; for all bodies are as it is ever in motion of nexe ; in have seen the glass, being held by the hand, hath lifted up the bason and all the motion of nexe did so clasp the bottom of the bason. That experiment, when the bason was lifted up, was made with oil, and not with water:
nourishment, as
it,
alike unto
somuch
as
nevertheless this
ting of the the bason,
is true,
that at the very
first
set
going out, as was said. This may show some up a great attraction at first but of this we will speak more, weight, being even laid, without tilting upon the when we handle attractions by heat. sides. The farther extension of this experiment for flying may be thought upon. Experiments in consort touching the influences of the moon. Experiment solitary touching the dye of scarlet. Of the power of the celestial bodies, and what 887. There is in some in
in great breadth, will, likewise, bear
:
Certainly many birds of good wing, as kites, and the like, would bear up a good weight as they fly, and spreading of feathers thin and close, and
mouth of the glass upon the bottom of it draweth up the water a little, and
till
then standeth at a stay, almost
the candle s
more secret influences they have, besides the two lonia, a little shrub which they call hollyoak, or dwarf-oak upon the leaves whereof there riseth manifest influences of heat and light, we shall a tumour like a blister; which they gather, and speak when we handle experiments touching the mb out of it a certain red dust, that converteth, celestial bodies ; mean while we will give some after a while, into worms, which they kill with directions for more certain trials of the virtue and influences of the moon, which is our nearest wine, as is reported, when they begin to quicken : neighbour. with this dust they dye scarlet.
:
places,
namely
Cepha-
The influences of the moon, most observed, are Experiment solitary touching maleficiating. four; the drawing forth of heat: the inducing of 888. In Zant it is very ordinary to make men putrefaction; the increase of moisture; the ex impotent to accompany with their wives. The citing of the motions of spirits. 890. For the drawing forth of heat, we have like is practised in Gascony; where it is called nour 1 eguillette. It is practised always upon formerly prescribed to take water warm, and to the wedding-day. And in Zant the mothers set part of it against the moon-beams, and part of themselves do it, by way of prevention ; because it with a screen between ; and to see whether thereby they hinder other charms, and can undo that which standeth exposed to the beams will But because this is but a small It is a thing the civil law taketh not cool sooner. their own. knowledge of; and therefore is of no light regard. interposition, though in the sun we see a small shade doth much, it were good to try it when the Experiment solitary touching the rise of water by moon shineth, and when the moon shineth not at means of flame. all ; and with water warm in a glass bottle, as 889 It is a common experiment, but the cause well as in a dish ; and with cinders ; and with mistaken. Take a pot, or better a glass, be iron red-hot, &c.
Ctirr. IX.
NATURAL HISTORY.
\MT<
123
991. For the inducing of putrefaction, it good to try it with flesh or fish exposed to the moonbeams; ;ui(l again exposed to the air when
the
stronger and larger than those that are brought forth in the wane; and those also \\hich are begot*
so that it might be rams and bully to their females, somewhat before the full of the moon.
ten
iii
:
the full of the
moon
shineth not, for the like time : to see whether will corrupt sooner: and try it also with
moon
good husbandry
to put
capon, or some other fowl, laid abroad, to see win ther it will mortify and become tender sooner ;
trv
;i
it
also with dead Hies, or
may be also, that the eggs laid in the full of moon breed the better birds and a number dead worms, having of the like effects which may be brought into
It
the
little water cast Query also, whether great thun upon them, to see whether will observation. putrefy sooner. Try it also with an apple or ders and earthquakes be not most in the full of orange, having holes made in their tops, to see the moon. whether will rot or mould sooner. Try it also with Holland cheese, having wine put into it, Experiment solitary touching vinegar. 898. The turning of wine to vinegar is a kind whether will breed mites sooner or greater. 892. For the increase of moisture, the opinion of putrefaction: and in making of vinegar, they received is; that seeds will grow soonest; and use to set vessels of wine over against the noon hair, and nails, and hedges and herbs cut, &c., sun; which calleth out the more oily spirits, and leaveth the liquor more sour and hard. also will grow soonest, if they be set or cut in the in Also that brains in rabbits, see, that burnt wine is more hard and astringent crease of the moon. woodcocks, calves, &c., are fullest in the full of than wine unburnt. It is said, that cider in na and so of marrow in the bones ; and vigations under the line ripeneth, when wine or the moon so of oysters and cockles, which of all the rest beer soureth. It were good to set a rundlet of are the easiest tried if you have them in pits. verjuice over against the sun in summer, as they 893. Take some seeds, or roots, as onions, &c., do vinegar, to see whether it will ripen and
We
and set some of them immediately after the change ; and others of the same kind immediately after the full: let them be as ike as can be, the earth also the same as near as may be: and therefore best in pots. Let the pots also stand where no rain or sun may come to them, lest the difference of the weather confound the experi ment and then see in what time the seeds set in the increase of the moon come to a certain height; and how they differ from those that are set in the decrease of the moon. 894. It is like, that the brain of man waxeth moister and fuller upon the full of the moon ; and therefore it were good that those that have moist brains, and are great drinkers, to take fume of lignum aloes, rosemary, frankincense, &c., about the full of the moon. It is like also, that the hu mours in men s bodies increase and decrease as the moon doth; and therefore it were good to
I
sweeten.
Experiment
solitary touching creatures that sleep

all winter.
899. There be divers creatures that sleep all winter, as the bear, the hedgehog, the bat, the
bee, &c.
These all wax
fat
when
they sleep, and
egest not.
their
The cause of sleeping time, may be
their fattening during
the
want of assimilat
ing; for whatsoever assimilateth not to flesk turneth either to sweat or fat. These creatures, for part of their sleeping time, have been observed
not to
stir at all
;
and
for the other part to stir,
but not
to
remove.
And
they get
the
warm and close
Flemings wintered in Nova Zembla, the bears about the middle of November, went to sleep and then the foxes be gan to come forth, which durst not before. It ia
places to sleep in.
;
When
purge some day or two

the
after the full
for that
then
humours
As hath seldom been seen. you must note that the growth of hedges, herbs, hair, &c., is caused from the moon, by ex Experiment solitary touching the generating of creatures by copulation and putrefaction. citing of the spirits, as well as by increase of the But for spirits in particular, the great moisture. 900. Some living creatures are procreated by instance is in lunacies. some by copulation between male and female 896. There may be other secret effects of the putrefaction and of those which come by putre influence of the moon, which are not yet brought faction, many do, nevertheless, afterwards pro into observation. It may be, that if it so fall out create by copulation. For the cause of both ge that the wind be north, or north-east, in the full nerations first, it is most certain, that the cause of the moon, it increaseth cold; and if south, of all verification is a gentle and proportionable or south-west, it disposeth the air for a good heat, working upon a glutinous and yielding while to warmth and rain which would be ob substance: for the heat doth bring forth spirit in served. and the substance being glu* . that substance 897. It may be, that children, and young cattle, nous produceth two effects; the one, that the spirit the other. that are brought forth in the full of the moon, are is detained, and cannot break forth
895.
spirits,
:
will not replenish so soon again. for the exciting of the motion of the
noted by some of the ancients, that the she-bear breedeth, and lieth in with her young, during that time of rest ; and that a bear big with young
124
that
NATURAL HISTORY
the
CENT. X.
matter being gentle and yielding, is driven forwards by the motion of the spirits, after
some swelling,
fore all
into shape and members. There sperm, all menstruous substance, all matter whereof creatures are produced by putre faction, have evermore a closeness, lentor, and
enclosed in a place where it may have conti nuance of the heat, access of some nourishment to maintain it, and closeness that may keep it from
exhaling: and such places are the wombs and matrices of the females. And therefore all crea
tures made of putrefaction are of more uncertain and are made in shorter time ; and need ; not so perfect an enclosure, though some closeness be commonly required. As for the heathen
sequacity.
ration
It
seemeth, therefore, that the gene
shape
by sperm only, and by putrefaction, have
two
different causes.
The
first is, for
that crea
dered of concretion as well as frogs, and worms, and flies, and such like, are now ; we know it to be vain but if any such thing should be admitted, is, for that according there is a greater time required for maturation of discoursing according to sense, it cannot be, except creatures ; for if the time required in vivi- you admit a chaos first, and commixture of heaven perfect fication be of any length, then the spirit will ex and earth. For the frame of the world, once in hale before the creature be mature ; except it be order, cannot affect it by any excess or casualty.
; ;
which have a definite and exact shape, as those have which are procreated by copulation, cannot be produced by a weak and casual heat nor out of matter which is not exactly prepared
tures
to the species.
opinion, which was, that upon great mutations of the world, perfect creatures were first engen
The second
CENTURY
imagination.
the transmission
the force
X.
and influx of immateriale virtues, and
of
the world, by strong imaginations and beliefs, it might command nature; for Paracelsus, and some darksome authors of magic, do ascribe to
philosophy of Pythagoras, which was full imgination exalted, the power of miracle-working monstrous ima faith. With these vast and bottomless follies gination, which afterwards was, by the school of men have been in part entertained. But we, that hold firm to the works of God, Plato and others, watered and nourished. It was, that the world was one entire perfect living and to the sense, which is God s lamp, lucerna creature; insomuch as Apollonius of Tyana, a Dei spiraculum*hominis, will inquire with all so Pythagorean prophet, affirmed, that the ebbing briety and severity, whether there be to be found and flowing of the sea was the respiration of the in the footsteps of nature, any such transmis world, drawing in water as breath, and putting it sion and influx of immateriate virtues; and what
of
THE
superstition, did first plant a
forth again. They went on, and inferred, that if the world were a living creature, it had a soul
and
held, calling spiritus mundi, the spirit or soul of the world : which they did not intend God, for they did by
spirit;
which also they
it
admit of a Deity besides, but only the soul or es sential form of the universe. This foundation temned or condemned. And although we shall have being laid, they might build upon it what they occasion to speak of this in more places than one,
the force of imagination is; either upon the body imaginant, or upon another body wherein it will be like that labour of Hercules, in purging the stable of Augeas, to separate from superstitious and magical arts and observations, any thing that is clean and pure natural ; and not to be either con
:
would
for in a living creature,
though never so yet
we
will
now make some

consort,
entrance thereinto.
and the
stantly
great, as for example, in a great whale, the sense effects of any one part of the body in
Experiments in
monitory, touching trans
mission of spirits, and the force of imagination. make atranscursion throughout the whole 901. Men are to admonished that they do not so that by this they did insinuate, that no distance of place, nor want of indisposition of withdraw credit from operations by transmission
body
for
matter, could hinder magical operations; but that, example, we might here in Europe have sense
effects fail
of spirits, and force of imaginations, because the sometimes. For as in infection, and
it is
and feeling of that which was done in China; and likewise we might work any effect without and against matter ; and this not holpen by the co-operation of angels or spirits, but only by the There were some unity and harmony of nature. a s*o that stayed not here; but went farther, and
ti
!
contagion from body to body, as the plague, and

the like,
most certain that the infection
is
re
ceived, many times, by the body passive, but yet is, by the strength and good disposition thereof, repulsed and wrought out, before it be formed in
to a disease
!.
t>iL-
that if the spirit of man, whom they call microcosrr do give a fit touch to the spirit of
mind
to
sion taketh, but
so much more in impressions from ; mind, or from spirit to spirit, the impres is encountered and overcome by
CENT. X.
the mind and spirit, which eil ret. work ;my manit
i
>t
NATURAL HISTORY.
is
125
passive, before it Ami then-fore they

;
ments, and anointing themselves all over. Thin may justly move a man to think that these fahles
are
that ointments do
work most upon weak minds and spirits asthose of women, sick persons, superstitious and learful persons, children, and young creatures
:
the effects of imagination for it is certain all, if they be laid on anything

:
"Neicio
quis teneroB ocuhiB
niilii
faecinat ngnoi
:"
thick, by stopping of the pores, shut in the va pours, and send them to the head extremely. And for the particular ingredients of those magi
it is like they are opiate and sopoFor anointing of the forehead, neck, we know, is used for procuring feet, back-bone, dead sleeps and if any man say that this effect would be better done by inward potions answer may be made, that the medicines which go to the ointments are so strong, that if they were used inwards, they would kill those that use them ^nd therefore they work potently, though outwards
The poet speaketh not As for the weakness of
of sheep, but of lambs.

the
cal ointments,
riferous.
power
of
them upon
kings and magistrates, it may be ascribed, besides the main, which is the protection of God over those that execute his place, to the weakness of the imagination of the imaginant: for it is hard for a witch or a sorcerer to put on a belief that they can hurt such persons.
902.
Men
are to be admonished, on the other
side, that they
do not easily give place and credit
We will
divide the several kinds of the
oper<w
to these operations, because they succeed many times ; for the cause of this success is oft to be
tions by transmission of spirits and imaginations, which will give no small light to the experiments
truly
ascribed
unto the force of affection and
that follow.
All operations by transmission of
imagination upon the body agent: and then by a secondary means it may work- upon a diverse
spirits and imagination, have this; that they work at distance, and not at touch ; and they are
body: as
for
example,
seal, or a ring, or
strongly that it or to keep him from danger of hurt in fight; or to prevail in suit, &c., it may make him more active and industrious : and again, more con
fident
a man carry a planet s part of a beast, believing will help him to obtain his love;
if
some
these being distinguished. 904. The first is the transmission or emission

of the thinner and
in
more
airy parts of bodies

;
as
odours and infections
and
this is, of all the
rest, the most corporeal. ber withal, that there be a
and persisting, than otherwise he would

the great effects that
sions,
But you must remem number of those emis both wholesome and unwholesome, that
: :
be.
Now
may come
of in
dustry and perseverance, especially in civil busi For we see audacity ness, who knoweth not? almost bind and mate the weaker sort of
d:<th
for the plague, many times give no smell at all when it is taken, giveth no scent at all and there
be
many good and
by
healthful airs that do appear habitation and other proofs, that differ not in
airs.
minds; and the

doth wonders
:
state of
human
it
actions
is
so varia
smell from other
And under
this
head you
and never to give over, were a mere fallacy and mistaking to ascribe that to the force of ima gination upon another body which is but the force
ble, that to try things oft,
therefore
may place all imbibitions of air, where the sub stance is material, odour-like, whereof some never
theless are strange, and very suddenly diffused ; as the alteration which the air receiveth in Egypt,
of imagination upon the proper body ; for there is no doubt but that imagination and vehement affection work greatly upon the body of the ima-
almost immediately, upon the rising of the rivei of Nilus, whereof we have spoken. 905. The second is the transmission or emis
sion of those things that we call spiritual species; as visibles and sounds : the one whereof we have
ginant; as we shall show in due place. 903. Men are to be admonished, that as they
are not to mistake the causes of these operations so much less they are to mistake the fact or effect
;
handled, and the other

place.
we
shall handle in
at
due
These move swiftly and
great dis
done which is not tance, but then they require a medium well dis done. And therefore, as divers wise judges have posed, and their transmission is easily stopped. 906. The third is the emissions which cause prescribed and cautioned, men may not too rashly
and rashly
to take
that for
evidence against them.
believe the confessions of witches, nor yet the For the witches them
attraction of certain bodies at distance, wherein, though the loadstone be commonly placed in the
first
selves are imaginative, and believe oft-times they do that which they do not and people are credu
:
rank, yet
we
fer it to
another head
think good to except it and re but the drawing of amber

;
lous in that point, and ready to impute accidents and natural operations to witthcraft. It is worthy
and
jet,
and other
electric bodies,
and the attrac
the observing, that both in ancient and late times, as in theThessalian witches, and the meetings of that of fire to naphtha; and that of some herbs to witches that have been recorded by so many late water, though at distance; and divers others; we confessions, tlie ureal wonder?; which they tell, of shall handle, but yet not under the present title, carrying in the air, transforming themselves into but under the title of attraction in general.
other bodies, &c., are still reported to be wrought, not by incantations or ceremonies, but by oint
tion in gold of the spirit of quicksilver at dis tance; and the attraction of heat at distance; and
907. The fourth is the emission of spirits, and immateriate powers and virtues, in those things
L2
126
NATURAL HISTORY.
CENT. X.
which work by the universal configuration and credit or reject upon improbabilities, until there sympathy of the world not by forms, or celestial hath passed a due examination. This is the syminfluxes, as is vainly taught and received, but by pathy of individuals; for as there is a sympathy the primitive nature of matter, and the seeds of of species, so it may be there is a sympathy of
;
things.
Of
this
kind
is,
as
we
working of the loadstone, which
with the globe of the earth ; motion of gravity, which is bodies with the globe of the earth
kind
is
yet suppose, the individuals: that is, that in things, or the parts is by consent of things that have been once contiguous or of this kind is the entire, there should remain a transmission of by consent of dense virtue from the one to the other as between the
:
:
of this
disposition of bodies to rotation, and particularly from east to west: of which
some
kind
we
conceive the
is,
main
float
and
is blazed abroad the operation of unguentem teli and so of a piece of lard, or stick of elder, &c., that if refloat part of it be consumed or putrefied, it will work
weapon and
the
wound.
Whereupon
of the sea
which
is
by consent of the uni
upon the other part severed.

sue the instances themselves.
Now we
will pur
These imverse, as part of the diurnal motion. materiate virtues have this property differing
from others
;
that the diversity of the
medium Experiments
hindereth them not; but they pass through all mediums, yet at determinate distances. And of
these
in consort touching emission of spiriti in vapour or exhalation, odour-like.
we
shall speak, as they are incident to se

fifth is,
veral titles.
908.
this
is
The
the emission of spirits
and
912. The plague is many times taken without manifest sense, as hath been said. And they re port, that where it is found, it hath a scent of the smell of a mellow apple; and, as some say, of
now
the principal in our intention to handle in this place ; namely, the operation of the
May-flowers: and
it is
also received, that smells
spirits of the mind of man upon other spirits : and this is of a doable nature, the operations of the
of flowers that are mellow and luscious, are ill for the plague, as white lilies, cowslips, and hyacinths.
913. The plague is not easily received by such But these two as continually are about them that have the them together; plague ; as keepers of the sick, and physicians : for when an envious or amorous aspect doth infect nor again by such as take antidotes, either in the spirits of another, there is joined both affection ward, as mithridate, juniper-berries, rue, leaf and and imagination. seed,&c., or outward, as angelica, zedoary, and 909. The sixth is, the influxes of the heavenly the like, in the mouth tar, galbanum, and the bodies, besides these two manifest ones, of heat like, in perfume nor again by old people, and and light. But these we will handle where we such as are of a dry and cold complexion. On
affections, if they be
vehement, and the operation

be strong. shall handle
of the imagination,
if it
are so coupled, as
we
handle the celestial bodies and motions. 910. The seventh is, the operations of
pathy, which the writers of
natural
the other side, the plague taketh soonest hold of those that come out of a fresh air, and of those that have are fasting, and of children; and it is likewise magic brought into an art or precept: and it is this; noted to go in a blood, more than to a stranger. that if you desire to superinduce any virtue or 914. The most pernicious infection, next the disposition upon a person, you should take the plague, is the smell of the jail, when prisoners living creature in which that virtue is most emi have been long, and close, and nastily kept; nent, and in perfection ; of that creature you whereof we have had in our time experience twice must take the parts wherein that virtue chiefly is or thrice ; when both the judges that sat upon the collocated again, you must take those parts in the jail, and numbers of those that attended the busi time and act when that virtue is most, in exer ness or were present, sickened upon it, and died. cise and then you must apply it to that part of Therefore it were good wisdom, that in such man wherein that virtue chiefly consisteth. As cases the jail were aired before they be brought if you would superinduce courage and fortitude, forth. take a lion or a cock ; and take the heart, tooth, 915. Out of question, if such foul smells be or paw of the lion; or the heart or spur of the made by art, and by the hand, they consist chiefly cock take those parts immediately after the lion of man s flesh or sweat putrefied ; for they are not or the cock have been in fight, and let them be those stinks which the nostrils straight abhor and worn upon a man s heart or wrist. Of these, and expel, that are most pernicious ; but such airs as such like sympathies, we shall speak under this have some similitude with man s body and so insinuate themselves, and betray the spirits. present title. 9H. The eighth and last is, an emission of There may be great danger in using such compoimmateriate virtues, such as we are a little doubt- sitions, in great meetings of people within
sym
ful to propound, it is so prodigious; but that it is so constantly avouched by many ; and we have set it down as a law to ourselves, to examine hings to the bottom ; and not to receive upon
houses; as in churches, at arraignments, at plays and solemnities, and the like for poisoning of air is no less dangerous than poisoning of water, which hath been used by the Turks in the ware,
:
CENT. X.
mill
NATURAL HISTORY.
;
127
less
the Cliristi.ins,
was used by Kminanuel Comnenus towards made in them whereof no when tliry p;u,M-il through Ins emperor Jovinianus died.
man
than tha
these impoisoncountry to tlie Holy L.unl. meiits ot .iir are the IIUTI il.mtMTuus in meetiiiM-;
ot
1
|>cu|ilr,
Ami
lid-; nisc
thf
much
urther the reception of the infection
breath of people doth and there ;
Vide the experiment 803, touching the in fectious nature of the air, upon the first showers, after a long drought.
y-JO.
where any such thing is feared, it were good those public places were perfumed, before the as
fore,
ries,
It hath come to pass, that some apotheca upon stamping of colloquintida, have been put into a great scouring by the vapour only.
921.
semblies. 910.
The impoisonment
of particular persons
to
they call
strong
922. It hath been a practice to burn a pepper Guiney-pepper, which hath such a
by odours, hath been reported
be in perfumed
gloves, or the like : and it is like, they mingle the poison that is deadly, which some smells that are sweet, which also maketh it the sooner re ceived. Plagues also have been raised by anoint
spirit, that it provoketh a continual sneez ing in those that are in the room. 923. It is an ancient tradition, that blear-
eyes infect sound eyes ; and that a menstruoua woman, looking upon a glass, doth rust it: nay, ings of the chinks of doors, and the like; not they have an opinion which seemeth fabulous; so much by the touch, as for that it is common that menstruous women going over a field or gar for men, when they find any thing wet upon their den, do corn and herbs good by killing the worms. 924. The tradition is no less ancient, that the fingers, to put them to their nose; which men The basilisk killethby aspect; and that the wolf, if he therefore should take heed how they do. best is, that these compositions of infectious airs see a man first, by aspect striketh a man hoarse. 925. Perfumes convenient do dry and strength cannot be made without danger of death to them But then again, they may have en the brain, and stay rheurns and defluxions, that make them. some antidotes to save themselves; so that men as we find in fume of rosemary dried, and lignum aloes; and calamus taken at the mouth and ought not to be secure of it. 917. There have been in divers countries great nostrils: and no doubt there be other perfumes plagues, by the putrefaction of great swarms of that do moisten and refresh, and are fit to be used grasshoppers and locusts, when they have been in burning agues, consumptions, and too much
lead and cast upon heaps. 918. It happeneth often in mines, that there are damps which kill, either by suffocation, or by the
poisonous nature of the mineral : and those that deal much in refining, or other works about
wakefulness such as are rose-water, vinegar, lemon-peel, violets, the leaves of vines sprin kled with a little rose-water, &c. 926. They do use in sudden faintings and
:
swoonings
to
put a handkerchief with rose-water
etals
and minerals, have their brains hurt and

is
stupefied by the
which
either fly
metalline vapours. Amongst noted, that the spirits of quicksilver to the skull, teeth, or bones: insomuch
or a little vinegar to the nose : which gathereth together again the spirits, which are upon point
to resolve
and
fall
away.
as gilders use to have a piece of gold in their mouth, to draw the spirits of the quicksilver; which gold afterwards they find to be whitened.
927. Tobacco comforteth the spirits, and dischargeth weariness, which it worketh partly by opening, but chiefly by the opiate virtue, which
There
condenseth the spirits. It were good therefore to such as that try the taking of fumes by pipes, as they do in of Avernus, that poison birds, as it is said, which fly tobacco, of other things ; as well to dry and com over them, or men that stay too long about them. fort, as for other intentions. I wish trial be made 919. The vapour of charcoal or sea-coal, in a of the drying fume of rosemary, and lignum close room, hath killed many ; and it is the more aloes, before mentioned, in pipe ; and so of nut dangerous, because it cometh without any ill meg, and folium indum,&c. 928. The following of the plough hath been smell, but stealeth on by little and little, inducing only a faintness, without any manifest strangling. approved for refreshing the spirits and procuring When the Dutchmen wintered at Nova Zembla, appetite ; but to do it in the ploughing for wheat and that they could gather no more sticks, they or rye, is not so good, because the earth hath spent fell to make fire of some sea-coal they had, where her sweet breath in vegetables put forth in sum with, at first, they were much refreshed ; but a mer. It is better therefore to do it when you But because ploughing is tied to little after they had sat about the fire, there grew sow barley. a general silence and loath ness to speak amongst seasons, it is best to take the air of the earth new them: and immediately after, one of the weakest turned up, by digging with the spade, or stand
are also certain lakes
and
pits,
company fell down in a swoon whereupon they doubting what it was, opened their door to The effect, let in air, and so saved themselves. no doubt, is wrought by the inspissation of the
of the
:
ing by him that diggeth. themselves much good

cushion, and weeding.
by
Gentlewomen may kneeling upon a
dc>
air;
ensuetl.
and so of the breath and spirits. The like in rooms newly plastered, if a fire be
these things yoi; may practise in the best seasons ; which is ever the early spring, before the earth putteth forth the vegetables, and n the sweetest earth you can
;
And
NATURAL HISTORY.
choose.
a
1
little
off"
CENT.
;
It
would be dope also when the dew
is
wine
into
them
and so kept himself alive with

till
knew
the ground, lest the vapour be too moist. a great man that lived long, who had a
the odour of them,
the
feast
was
past.
knew a gentleman
that
would
fast,
sometimes
clean clod of earth brought to him every morning as he sat in his bed : and he would hold his head over it a good pretty while. I commend also,
three or four, yea, five days, without meat, bread, or drink ; but the same man used to have conti
nually a great wisp of herbs that he smelled on; sometimes, in digging of new earth, to pour in and amongst those herbs, some esculent herbs of some Malmsey or Greek wine, that the vapour of strong scent; as onions, garlic, leeks, and the the earth and wine together may comfort the like. 935. They do use, for the accident of the mo provided always it be not taken spirits the more for a heathen sacrifice, or libation to the earth. ther, to burn feathers and other things of ill odour ; 929. They have in physic use of pomanders, and by those ill smells the rising of the mother is
:
and knots of powders, for drying of rheums, com- put down. 936. There be airs which the physicians ad forting of the heart, provoking of sleep, &c. For though those things be not so strong as perfumes, vise their patients to remove unto, in consump yet you may have them continually in your hand ; tions, or upon recovery of long sicknesses ; whereas perfumes you can take but at times ; and which, commonly, are plain champaigns, but graz besides, there be divers things that breathe better ing, and not over-grown with heath or the like; or else timber-shades, as in forests, and the like. of themselves, than when they come to the fire as nigella romana, the seed of melanthium, amo- It is noted also, that groves of bays do forbid pes tilent airs which was accounted a great cause mum, &c. 930. There be two things which, inwardly used, of the wholesome air of Antiochia. There be also do cool and condense the spirits ; and I wish the some soils that put forth odorate herbs of them same to be tried outwardly in vapours. The one selves ; as wild thyme, wild marjoram, penny is nitre, which 1 would have dissolved in Malm royal, camomile; and in which the brier roses sey, or Greek wine, and so the smell of the wine smell almost like musk-roses ; which, no doubt, taken ; or if you would have it more forcible, pour are signs that do discover an excellent air. 937. It were good for men to think of having of it upon a firepan, well heated, as they do rosewater and vinegar. The other is the distilled healthful air in their houses which will never be water of wild poppy, which I wish to be mingled, if the rooms be low roofed, or full of windows and at half, with rose-water, and so taken with some doors ; for the one maketh the air close, and not mixture of a few cloves in a perfuming pan. The fresh, and the other maketh it exceeding unequal; The windows like would be done with the distilled water of which is a great enemy to health. also should not be high up to the roof, which is in saffron-flowers. 931. Smells of musk, and amber, and civet, are use for beauty and magnificence, but low. Also thought to further venerous appetite ; which they stone walls are not wholesome ; but timber is may do by the refreshing and calling forth of the more wholesome and especially brick nay, it hath been used by some with great success to spirits. 932. Incense and nidorous smells, such as make their walls thick ; and to put a lay of chalk were of sacrifices, were thought to intoxicate the between the bricks, to take away all dampishwhich brain, and to dispose men to devotion they may do by a kind of sadness, and contristation of the spirits ; and partly also by heating and Experiment solitary touching the emissions of spi ritual species which affect the senses. the Jews the them. We see that
; : ; ;
:
exalting
amongst
the sanctuary principal perfume of all common uses.
was forbidden
some perfumes prescribed by the which procure pleasant dibles, each apart: in this place it shall suffice to dreams and some others, as they say, that pro give some general observations common to both. cure prophetical dreams; as the seeds of flax, First, they seem to be incorporeal. Secondly, fleawort, &c. they work swiftly. Thirdly, they work at large
933. There be
:
938. These emissions, as we said before, are handled, and ought to be handled by themselves under their proper titles that is, visibles and au-
writers of natural magic,

:
Fifth 934. It is certain, that odours do, in a small distances. Fourthly, incurious varieties. degree, nourish ; especially the odour of wine; ly, they are not effective of any thing ; nor leave and we see men an hungered do love to smell hot no work behind them ; but are energies merely :
It is related that Democritus, when he bread lay a dying, heard a woman in the house cornfeast plain that she should be kept from being at a ind solemnity, which she much desired to see, because there would be a corpse in the house ; whereupon he caused loaves of new bread to be
working upon mirrors and places of echo doth not alter any thing in those bodies ; but it is the same action with the original, only reperAnd as for the shaking of windows, or cussed.
for their
the heat rarifying the air by great noises, and caused by burning-glasses : they are rather con
it
for,
ana opened them, and poured a
little
comitants of the audible and visible species, than
CENT. X.
the effects of them.
NATIK.U. HISTORY.
Sixthly, tliry nature, as they affect only is the spi
;
129
far as to
seem
"f
so tender
-ami \v-ak
such a ran and attenuate substance, as

rit
hold thai tho spirit of tin- lover doth pass into the spirits of the per son loved which causeth the desire of return into
;
some of them, go so
of living creatures.
Experiments in consort tonchiny the emission ift mii dtrrinte virtues fnnn the minds and spirits nj
Hii-n,
In/
<>t
the body whence it was emitted whereupon t r.lloweth that appetite of contact and conjunction
;
which
is
in lovers.
And
this is observed
like
illli -r
fit
In/ ifjl i-tinn.i,
or
Inj
imuginati ms, or
|
r
///</>/(
WOKS.
wise, that the aspects which prtcure love, are not gazings, but sudden glances and -starlings of the
eye, as for envy, that emitteth some malign and poisonous spirit, which taketh hold of the spirit
eye is cast upon persons in glory, and triumph, and joy. The reason whereof is, for that at such times the spirits come forth most into thi outward upon. 940. There was an Egyptian soothsayer, that parts, and so meet the percussion of the envious made Antonius believe, that his genius, which eye more at hand and therefore it hath been otherwise, was brave and confident, was, in the noted, that after great triumphs, men have been We see ill-disposed for some days following. pretence of Octavianus Caesar, poor and coward the opinion of fascination is ancient, for both ef ly ; and therefore, he advised him to absent him self as much as he could, and remove far from him. fects ; of procuring love; and sickness caused by This soothsayer was thought to be suborned by envy and fascination is ever by the eye. But Cleopatra, to make him live in Egypt, and other yet if there be any such infection from spirit to remote places from Rome. Howsoever, the con spirit, there is no doubt but that it worketh by ceit of a predominant or mastering spirit of one presence, and not by the eye alone yet most for man over another, is ancient, and received still, cibly by the eye. even in vulgar opinion. 945. Fear and shame are likewise infective; 941. There are conceits, that some men that for we see that the starting of one will make an are of an ill and melancholy nature, do incline the other ready to start: and when one man is out of company into which they come to be sad and ill- countenance in a company, others do likewise disposed ; and contrariwise, that others that are blush in his behalf. of a jovial nature, do dispose the company to be Now we will speak of the force of m. agination merry and cheerful. And again, that some men are lucky to be kept company with and employed ; upon other bodies, and of the means to exalt and and others unlucky. Certainly, it is agreeable strengthen it. Imagination, in this place, I under to reason, that there are at the least some light stand to be, the representation of an individual effluxions from spirit to spirit, when men are in thought. Imagination is of three kinds the first presence one with another, as well as from body joined with belief of that which is to come the to body. second joined with memory of that which is pasf 942. It hath been observed, that old men who and the third is of things present, or as if they have loved young company, and been conversant were present: for I comprehend in this, imagina continually with them, have been of long life ; tions feigned, and at pleasure, as if one should their spirits, as it seemeth, being recreated by imagine such a man to be in the vestments of a such company. Such were the ancient sophists pope, or to have wings. I single out, for this and rhetoricians ; which ever had young auditors time, that which is with faith or belief of that and disciples ; as Georgias, Protagoras, Isocrates, which is to come. The inquisition of this subject &c., who lived till they were a hundred years in our way, which is by induction, is wonderful
: : :
:
mentioned in some stories, that where children have been exposed, or taken away young from their parents ; and that afterwards they have approached to their parents presence, the parents, though they have not known them, have had a secret joy or other alteration there
939.
It
ia
of another : and is likewise of greatest force when the cast of the eye is oblique. It hath been noted also, that it is most dangerous when an envious
old. And so likewise did many of the grammarians hard for the things that are reported are full of and school-masters ; such as was Orbilius, &c. fables; and new experiments can hardly be made, 9 13. Audacity and confidence doth, in civil bu but with extreme caution, for the reason which
:
siness, so great effects, as a man may reasonably doubt, that besides the very daring, and earnest ness, and persisting, and importunity, there should
we will hereafter declare. The power of imagination is of three

first
kinds
the
upon the body of the imaginant, including be some secret binding, and stooping of other likewise the child in the mother s womb; the to such persons. men s spirits second is, the power of it upon dead bodies, as 944. The affections, no doubt, do make the plants, wood, stone, metal, &e. the third is, the more powerful and active and especially power of it upon the spirits of men and living spirits those affections which draw the spirits into the creatures: and with this last wo will only meddle. The problem therefore is, whether a man coiw eye-;: which are two; love, and envy, which is called occulus malus. As for love, the Platonists, stantly and strongly believing that such a thing VOL. II. 17
;
130
NATURAL HISTORY.
first,
CENT.
shall be, as that such an one will love him, or that such an one will grant him his request, such an one shall recover a sickness, or the like,
<>r
his thought
it
its, It.
doth help any thing to the effecting of the thiiig And here again we must warily distin
guish ; for it is not meant, as hath been partly said before, that it should help by making a man more stout, or more industrious, in which kind a
mu
mi belief doth much, but merely by a secret operation, or binding, or changing the spirit of
st
another
say, to
and in
this
it
is
hard, as
;
we began
to
make any new experiment for I cannot command myself to believe what I will, and so no trial can be made. Nay, it is worse for what soever a man imagineth doubtingly, or with fear,
;
imagining first, though it did somewhat sink with me, yet I made it lighter than I thought, and said, I thought it waf, confederacy between the juggler and the two servants though, indeed, I had no reason so to think, for they were both my father s servants, and he had never played in the house before. The jug gler also did cause a garter, to be held up, and took upon him to know, that such a one should point in such a place of the garter, as it should be near so many inches to the longer end, and so many to the shorter; and still he did it, by first telling the imaginer, and after bidding the actor
:
had been fixed; but the other bound his thought." Which,
think.
must needs do
power
at all
hurt, if imagination have any for a man representeth that oftener
Having
told this relation, not for the

it
weight
thereof, but because
doth handsomely open the
work by an he may create belief, and not by himself; until himself have found by experience, that imagination doth prevail; for then experi ence worketh in himself belief; if the belief that such a thing shall be, be joined with a belief
other, in
that he feareth, than the contrary. The help therefore is, for a man to
whom
nature of the question, I return to that I said, that experiments of imagination must be practised by For there be others, and not by a man s self.
three
means
; :
to fortify belief: the first is experi
and the third is au ; and that of these which is far the most thority potent, is authority ; for belief upon reason, or ex
ence
the second is reason
that his imagination
may procure it. 946. For example I related one time to a man that was curious and vain enough in these things,
:
perience will stagger. 947. For authority, it is of two kinds, belief in an art, and belief in a man. And for things of
that I saw a kind of juggler, that had a pair of belief in an art, a man may exercise them by him would tell a man what card he thought. self; but for belief in a man, it must be by an This pretended learned man told me, it was amis- other. Therefore if a man believe in astrology, said he, it was not the and find a taking in me ; figure prosperous, or believe in natural knowledge of the man s thought, for that is pro magic, and that a ring with such a stone, or such
cards, and
"
"
for,"
per to God, but
it
was
upon him, and binding

stronger, that he could
I
the enforcing of a thought his imagination by a
a piece of a living creature carried, will do good, it may help his imagination but the belief in a
:
think no other
card."
man
And thereupon he asked me
a question or two, which thought he did but cunningly, knowing before what used to be the feats of the juggler. do you remember whether he he, Sir," said told the card the man thought, himself, or bade
" "
answered, as was true, that he bade another tell it. Whereunto he said, liefs, tied to their teachers and traditions, are no So I thought for," said he, himself could not whit controlled either by reason or experience ; have put on so strong an imagination ; but by and upon the same reason, in magic, they use for whose spi telling the other the card, who believed that the the most part boys and young people, juggler was some strange man, and could do rits easiliest take belief and imagination. Now to fortify imagination, there be three strange things, that other man caught a strong
another to
tell it
]"
But howsoever, all must be out of a man s self, turned, as an art, or upon a man and was said, either upon where authority is from one man to another, there the second must be ignorant, and not learned, or and such are, for the most part, full of thoughts all witches and superstitious persons, whose be
is far
the most active.
authority
"
"
imagination."
I hearkened unto him, thinking ways : the authority whence the belief is de he spoke prettily. Then he asked me rived ; means to quicken and corroborate the ima Do you remember, gination : and means to repeat it and refresh it. another question saith he, wheher he bade the man think the card first, and 948. For the authority, we have aheadv for a vanity
"
afterwards told the other man in his ear what spoken as for the second, namely, the means to he should think ; or else that he did whisper first quicken and corroborate the imagination ; we see in the man s ear that should tell the card, telling what hath been used in magic, if there be in those
:
that such a
after
man should think such a card, and bade the man think a card I told him, as was true that he did first whisper the man in the ear, that such a man should think such a card upon this the learned man did much exult and
as vestpractices any thing that is purely natural, ments, characters, words, seals ; some parts of choice of the plants, or living creatures : stones,
hour, gestures and motions; also incenses and odours, choice of society, which increaseth ima
gination
;
please himself, saying;

r.y
"
Lo, you
opinion
is
right; for if the
may man had
see that
diets and
preparations for
some time
thought before.
And for
words, there have been ever used,
CNT.
X.
NATURAL HISTORY.
.i.VJ.
131
either barbarous wupls, of no.-,eiise, lest they shoiiM disturb the imagination, or wordsof similitude, that
It
were good, because you cannot discern

strength of imagination in one
fully of
tin:
man
second and feed the imagination; ami this waseveras well in heathen charms, as in charms
may
of
more than another, that you did use tin: imaînalion of more than one, that so you may light upon
a
latt.-i tunes. There arc lu-ed als.i Scripture words for that the belief that religious texts and words have power, may strengthen the imagina;
strong one.
As
ifa physician should
tell
three
or four of his patient s servants, that their master shall surely recover.
tion.
And
for the
same
reason,
Hebrew words,
]
i
953.
which ainonirst us is counted the holy tongue, and the words more mystical, are often used 949. For the refreshing of the imagination which was the third means of exalting it, we
see the practices of magic, as in images of wax,
such
is
The imagination of one that you shall use, the variety of men s minds, cannot be al-
ways
cess follow not speedily,

strength.
alike constant and strong; and if the suc it will faint and lose
To remedy
this,
you must pretend

:
to
and the
or
like, that
should melt by
little
little
and
little
him, whose imagination you use, several degrees of means, by which to operate as to prescribe
some
other things buried in

little
muck,
that should
for so oft
(
and ; ; putrefy by as the imaginant doth think of those things, so oft doth he represent to his imagination the effect of
or the like
him that every three days, if he find not the success apparent, he do use another root, or part of a beast, or ring, &c., as being of more force: and if that fail, another ; and if that, another, till seven
Also you must prescribe a good large time for the effect you promise ; as if you should
times.
tell
that he desireth.
950. If there be any power in imagination, it is less credible that it should be so incorporeal, and
a servant of a sick
it
man
that his master shall
immateriate a virtue, as to work at great distances, but or through all mediums, or upon all bodies
:
must be competent, the medium not adverse, and the body apt and proportionate. Therefore if there be any operation upon bodies
that the distance
>
will be fourteen days ere he findeth All this to entertain the imait apparently, &c. gination, that it waver less,
recover, but
954. It
into the
;
is certain,
;
body
;
in absence
by nature, it is like to be man, as fame is ; as if a imagination, should hurt any afar off, it naturally; but by working upon the some that cometh to the witch; and
from
conveyed the
witch, by
I
nostrils
that potions, or things taken incenses and perfumes taken at and ointments of some parts, do
man
to
cannot be
spirit of
naturally work upon the imagination of him that taketh them. And therefore it must needs
greatly co-operate with the imagination of him whom you use, if you prescribe him, before he do use the receipt for the work which he desireth,
that he do take such a pill, or a spoonful of liquor ; or burn such an incense ; or anoint his temples,
from that
party upon the imagination of another; and so upon another; till it come to one that hath resort to the party intended and so by him to the party
;
intended
that
it
himself.
And
although they speak,
sufficeth to take a point, or a piece of the garment, or the name of the party, or the like ; yet
there
is
it
except
less credit to be given to those things, be by working of evil spirits.
an ointment or and you must choose, for the composition of such pill, perfume, or ointment, such ingredients as do make the spirits a little more gross or muddy ;
or the soles of his feet, with such
oil
:
experiments, which may certainly demon strate the power of imagination upon other bodies,
are few or none
:
The
whereby the imagination will fix the better. 955. The body passive, and to be wrought
are
upon, I mean not of the imaginant, is better experiments of witchcraft wrought upon, as hath been partly touched, at be by some times than at others as if you should pre they may a tacit operation of malign spirits: we shall scribe a servant about a sick person, whom you therefore be forced, in this inquiry, to resort to have possessed that his master shall recover, new experiments; wherein we can give only di when his master is fast asleep, to use such a root, rections of trials, and not any positive experi or such a root. For imagination is like to work ments. And if any man think that we ought to better upon sleeping men, than men awake ; aa have stayed till we had made experiment of some we shall show when we handle dreams. of them ourselves, as we do commonly in other 956. We find in the art of memory, that images
for the
no clear proofs;
for that
work better than other conceits as if you would remember the word philosophy, you shall but in the more surely do it, by imagining, that such a man, us, mean time we will lead others the way. for men are best places, is reading upon Aristotle s 951. When you work by the imagination of Physics ; than if you should imagine him to say, I ll another, it is necessary that he, by whom you go study philosophy." And therefore this work, have a precedent opinion of you that you observation would be translated to the subject wo can do strange things or that you are a man of now speak of: for the more lustrous the imagina And there art, as they call it; for else the simple affirmation tion is, it filleth and fixeth the better.
titles,
the truth
is,
that these effects of
imagina
visible
tion
upon other bodies have so little as we shall try them at leisure
credit with
"
to another,
that this or that shall be, can \\.rk
but a weak impression in his imagination.
fore I conceive, that you shall, in that experiment whereof we spake before, of binding of thoughts.
132
less fail, if
NATURAL HISTORY.
you
tell
CENT. X.
name one
twenty
full
:
of twenty men, than
one that such an one shall if it were one of

of
bin<]mir
"f
cards.
The experiment
Experiments in consort touching the secret virtue of sympathy and antipathy.

9GO. There be many things that work upon the spirits of man by secret sympathy and anti pathy : the virtues of precious stones worn, have
thoughts would be diversified and tried to the
and you are to note, whether it hit for the most part, though not always. 357. It is good to consider, upon what things imagination hath most force and the rule, as I conceive, is, that it hath most force upon things that have the lightest and easiest motions. And therefore above all, upon the spirits of men : and in them, upon such affections as move lightest ;
:
been anciently and generally received, and cu So riously assigned to work several effects. much is true: that stones have in them fine spirits, as appeareth by their splendour; and therefore they may work by consent upon the spirits of men, to comfort and exhilarate them.
as upon procuring of love; binding of lust, which is ever with imagination; upon men in fear; or
Those
that are the best, for that effect, are the
men
in irresolution; and the like. Whatsoever is of this kind would be throughly inquired. Trials likewise would be made upon plants, and that
:
as if you should tell a man, that such diligently a tree would die this year; and will him at these and these times to go unto it, to see how it thriveth. As for inanimate things, it is true that the motions of shuffling of cards, or And therefore it were casting of precious stones comfort. and there is a good to have tincted lanterns, or tincted screens dice, are very light motions folly very usual, that gamesters imagine, that of glass coloured into green, blue, carnation,
:
diamond, the emerald, the jacinth oriental, and the gold stone, which is the yellow topaz. As for their particular properties, there is no credit to be given to them. But it is manifest, that light, above all things, excelleth in comforting the spirits of men: and it is very prbable, that light varied doth the same effect, with more And this is one of the causes why novelty.
by them bring them ill luck. crimson, purple, &c., and to use them with also made, of holding a ring candles in the night. So likewise to have round by a thread in a glass, and telling him that hold- glasses, not only of glass coloured through, but eth it, before, that it shall strike so many times with colours laid between crystals, with handles Prisms are also comfort against the side of the glass, and no more; or to hold in one s hand. of holding a key between two men s fingers, able things. They have of Paris-work, lookingwithout a charm and to tell those that hold it, bordered with broad borders of small that at such a name it shall go off their fingers; crystal, and great counterfeit precious stones, of for these two are extreme And all colours, that are most glorious and plealight motions. howsoever I have no opinion of these things, yet sant to behold especially in the night. The
that stand
some
There would be
trial
so
conceive to be true; that strong ima- pictures of Indian feathers are likewise comfortSo also fair and gination hath more force upon things living, or able and pleasant to behold. that have been living, than things merely inani clear pools do greatly comfort the eyes and spirits, mate: and mere force likewise upon light and especially when the sun is not glaring, but over
I
j
I
much
subtile motions, than
upon motions vehement
or
cast; or
when
the
moon
shineth.
fit
ponderous.
9G1. There be divers sorts of bracelets

is
to
an usual observation, that if the body of one murdered be brought before the mur Some do derer, the wounds will bleed afresh. affirm, that the dead body, upon the presence of the murderer, hath opened the eyes; and that there have been such like motions, as well where the parties murdered have been strangled or drowned, as where they have been killed by wounds. It may be, that this participated! of a
958.
It
comfort the spirits; and they be of three inten

tions;
refrigerant,
corroborant,
and
aperient.
For refrigerant, I wish them to be of pearl, or of coral, as is used ; and it hath been noted that coral, if the party that weareth it be indisposed, will wax pale ; which I believe to be true, because otherwise distemper of heat will make coral lose
colour.
I
commend
;
lapis lazuli
and beads of
also beads, or little plates of nitre, either alone, or
miracle, by God s just judgment, who usually bringeth murders to light: but if it be natural, it must be referred to imagination.
with some cordial mixture.
9G2. For corroboration and confortation, take such bodies as are of astringent quality, without 959. The tying of tho point upon the day of manifest cold. I commend bead-amber, which is marriage, to make men impotent towards their full of astriction, but yet is unctuous, and not wives, which, as we have formerly touched, is cold; and is conceived to impinguate those that so frequent in Zant and Gascony, if it he natural, wear such beads; I commend also beads of harts
referred to the imagination of
I
tieth the point.
must be
him that horn and ivory; which are of the like nature; have the less also orange beads; also beads of lignum aloes, macerated first in rose-water, and dried. affinity with witchcraft, because not peculiar per 963. For opening, I commend beads, or piecfs sons onlv, such as witches are, but anybody may J,- i of the roots of carduus benedictus also ; of the
conceive
it
to
Cr.vr. X.
NAT! KM. HISTORY.

is
r.p
it-;
"f
calamus animations
.Mil.
piony thf male; and of orrice; and of and of rue.

;
women,
fast
:
the best help: so to procure easy travails tin- intention is to bring down the child
is, to
.>f
Tin! cramp, no doubt, cometh of contrac
but the best In-lp
stay
tin:
coining down
!>
tion of sinews
manifest, ; eometli cither by cold or dry ness; as after con and long agues; for cold anddryness sumptions,
is
it
which
in tliat
whereunto, they say, the toad-stone like wise helpcth. Soin pestilent fevers, the inten
:
see do, both of them, contract and corrugate. also, that dialing a little above the place in pain, Msctli the cramp; which is wrought by the dila
tation of the contracted
We
tion is to expel the infection by sweat and eva but the best means to do it is by nitre poration
diascordium, and other cool things, which do for a Lime arrest the expulsion, till nature can do it
sinews by heat.
There more
are in use, for the prevention of the cramp, two things; the one rings of sea-horse teeth worn
fingers ; the other bands of green peri winkle, the herb, tied about the calf of the leg, or the thigh, &c., where the cramp usetli to come. I do find this the more strange, because neither of these have any relaxing virtue, but rather the
upon the
For as one saith prettily ; In tho quietly. quenching of the flame of a pestilent ague, nature .s like people that come to quench the fire of a iionsi ; which are so busy, as one of them letteth another." Surely it is an excellent axiom, and of manifold use, that whatsoever appeaseth the
"
contention of the spirits, furthereth their action. 969. The writers of natural magic commend
the wearing of the spoil of a snake, for preserving f health. I doubt it is but a conceit; for that the
I contrary. judge, therefore, that their working is rather upon the spirits, within the nerves, to make them strive less, than upon the bodily sub
stance of the nerves.
to renew her youth, by casting as well take the beak of a piece of a hart s horn, because those 9G5. I would have trial made of two other an eagle, or kinds of bracelets, for comforting the heart and renew. the one of the trochisk of vipers, made 970. It hath been anciently received, for Perispirits les the Athenian used it, and it is yet in use, to into little pieces of beads; for since they do great good inwards, especially forpestilent agues, wear little bladders of quicksilver, or tablets of it is like they will be effectual outwards; where arsenic, as preservatives against the plague: not,
snake
is
thought
her spoil.
They might
may be applied in greater quantity. There as they conceive, for any comfort they yield to would be trochisk likewise made of snakes the spirits, but for that being poisons themselves, whose flesh dried is thought to have a very they draw the venom to them from the spirits. 971. Vide the experiments 95, 96, and 97, opening and cordial virtue. The other is, of beads made of the scarlet powder, which they touching the several sympathies and antipathies call kermes; which is the principal ingredient for medicinal use.
they
;
in their cordial confection
alkermes
the beads
97-2.
It is said, that
the guts or skin of a wolf,
would be made up with ambergrease, and some being applied to the belly, do cure the colic. It is true, that the wolf is a beast of great edacity pomander. 966. It hath been long received, and confirmed and digestion; and so it may be the parts of him
by divers
trials, that the root
of the male-piony
dried, tied to the neck, doth help the falling sick
ness: and likewise the incubus, which we call The cause of both these diseases, and the mare. especially of the epilepsy from the stomach, is
:
comfort the bowels. see scarecrows are set up to keep 973. birds from corn and fruit; it is reported by some, the head of a wolf, whole, dried, and hanged that
We
the grossness of the vapours which rise and enter into the cells of the brain and therefore the
up in a dove-house, will scare away vermin; such as are weasels, pole-cats, and the like. It may be the head of a dog will do as much ; for working is by extreme and subtile attenuation; those vermin with us, know dogs better than which that simple hath. I judge the like to be in wolves. 974. The brains of some creatures, when their castoreum, musk, rue-seed, agnus castus seed, &c. 967. There is a stone which they call the heads are roasted, taken in wine, are said to blood-stone, which worn is thought to be good strengthen the memory : as the brains of hares, for them that bleed at the nose: which, no doubt, brains of hens, brains of deers, &c. Ami it seemeth is by astriction and cooling of the spirits. Query, to be incident to the brains of those creatures if the stone taken out of the toad s head be not of that are fearful. the like virtue; for the toad loveth shade and 975. The ointment that witches use, is reported coolm ss. to he made of the fat of children digged out of theii 968. Light may be taken from the experiment graves; of the juices of smallaê, wolf-bane, and of the, horse-tooth ring, and the garland of peri cinque-foil, mingled with the meal of fine wheat. winkle, how that those things which assuage tin- But I suppose, that the soporiferous medicines are strife of the spirits, do help diseases contrary to which an- henbane, hemlock to doit;
I
the intention desired:
for in the
to relax
rurinir
of the
cramp, the intention
is
thesinous; hut
,
mandrake, moonshade, tobacco, opium, poplar leaves, &c.

976.
It is
saffront
the contraction of the spirits, that they strive lesa,
reported by some, that the afFectioua
134
of beasts
NATURAL HISTORY.
when
they are in strength do add some
the
CENT.
is
white of an egg, which
the matter of a
virtue unto inanimate things; as that the skin of a sheep devoured by a wolf, moveth itching; that
living creature, have some sympathy with salt : for all life hath a sympathy with salt. sn:
We
a stone bitten by a dog in anger, being thrown at
that salt laid to a cut finger healeth it; so as
it
him, drunk
powder, provoketh choler. 977. It hath been observed, that the diet of
in
scemeth draweth
salt
salt.
draweth blood, as well as blood
women
with child doth work
much upon
the in
fant; as if the mother eat quinces much, and co riander-seed, the nature of both which is to repress
983. It hath been anciently received, that the sea air hath an antipathy with the lungs, if it cometh near the body, and erodeth them. Whereof
the cause is conceived to be, a quality it hath of heating the breath and spirits, as cantharides
and stay vapours that ascend to the brain, it will make the child ingenious; and on the contrary side, if the mother eat much onions or beans, or such vaporous food ; or drink wine or strong
drink immoderately
;
or fast
much
or
or be given to
much musing;
the head
tic,
:
all
which send
it
endangereth the child to
or of imperfect
memory
draw vapours to become luna and I make the same aboundeth.
have upon the watery parts of the body, as urine and hydropical water. And it is a good rule, that whatsoever hath an operation upon certain kinds of matters, that, in man s body, worketh most upon those parts wherein that kind of matter
984. Generally, that which is dead, or corrupt judgment of tobacco often taken by the mother. 978. The writers of natural magic report, that ed, or excerncd, hath antipathy with the same the heart of an ape, worn near the heart, comfort- thing when it is alive, and when it is sound and eth the heart, and increaseth audacity. It is true with those parts which do excern as a carcase that the ape is a merry and bold beast. And that of man is most infectious and odious to man; the same heart likewise of an ape, applied to the a carrion of a horse to a horse, &c. ; purulent neck or head, helpeth the wit; and is good for matter of wounds, and ulcers, carbuncles, pocks, the falling sickness the ape also is a witty beast, scabs, leprosy, to sound flesh, and the excrement and hath a dry brain: which may be some cause of every species to that creature that excerneth of attenuation of vapours in the head. Yet it them but the excrements are less pernicious It may be the than the corruptions. (s said to move dreams also. heart of man would do more, but that it is more 985. It is a common experience, that dogs against men s minds to use it; except it be in know the dog-killer; when, as in times of infec such as wear the relics of saints. tion, some petty fellow is sent out to kill the 979. The flesh of a hedge-hog, dressed and eaten, dogs; and that though they have never seen him is said to be a great drier it is true that the juice before, yet they will all come forth, and bark, and of a hedge-hog must needs be harsh and dry, be fly at him.
;
:
cause itputteth forth so
many prickles: for plants also that are full of prickles are generally dry ; as briers, thorns, berberries : and therefore the ashes
of a hedge-hog are said to be a great desiccative
ol fistulas.
986.
The
relations touching the force of imagi
nation, and the secret instincts of nature, are so uncertain, as they require a great deal of exami nation ere we conclude upon them. I would have
it first
9oO. Mummy hath great force in stanching of blood , vhich, as it may be ascribed to the mix
ture ol
secret passages
thoroughly inquired, whether there beany of sympathy between persons
bJrns that are glutinous; so

>.
it
may also
partakt; of
secret
propriety, in that the blood
of near blood, as parents, children, brothers, nurse-children, husbands, wives, &c. sisters, There be many reports in history, that upon the
draweth man** flesh. And it is approved that the moss which gwoweth upon the skull of a dead man unburied, will -tanch blood potently and so do the dregs, or powujr of blood, severed from the water, and dried. 981. It hath been prac. a, to make white swallows, by anointing of the eggs xith oil.
: :
death of persons of such nearness, men have had an inward feeling of it. I myself remember, that
being in Paris, and my father dying in London, two or three days before my father s death, I had a dream, which I told to divers English gentle men, that my father s house in the country was There plastered all over with black mortar. Which effect may be produced, by the stopping an opinion abroad, whether idle or no I cannot of the pores of the shell, and making the juice that, loving and kind husbands have a sense that putteth forth the feathers afterwards more of ttiîr wives breeding children, by some acci
I
>t;y,
be, the anointing of the egffs will be as effectual as the anointing of the
penurious.
And
it
may
body
of which vide the experiment 93. It is reported, that the white of an egg, or biood, mingled with salt-water, doth gather the This saltness, and maketh the water sweeter.
,
dent in .Vurown body. 987. Nex*to those that are near in blood, then* may be the liko passage, and instincts of nature
982.
between great friends and enemies
and some
times the revealing is unto another person, and I remember Philippus not to the party himseh that the ay be by adhesion ; as in the sixth experiment Commineus, a grave wriu.r, reporteth, of clarification it maybe also, that blood, and Archbishop of Vienna, a reverend prelate, said
:
I
CtJTT,
X.
NATl KU, HISTORY.

fights,
oilier
one day
1-
to rnako one cock more hardy, and thn more cowardly. It would hi- tried also in flying of hawks, or in coursing of a deer, or hare, Some with greyhounds: or in horse-races, and the like the battle of Granebnagaimtthe Sw u/.crs. trial alsn would he made, wliether pact or agree comparative motions; for you may sooner by ment do any tiling; as if two friends should agree, ^nation quicken or slack a motion, than raise 01 that such a day in every week, they, being in far cease it; as it is easier to make a dog go slower distant places, should pray one for another, or than to make him stand still, that he may not run J91. In plants also you may try the force of should put on a ring or tablet one for another s Bake; whether if one of them should break their imagination upon the lighter sort of motions: as vow and promise, the other should have any feeling upon the sudden fading, or lively coming up of of it in absence. herbs, or upon their bending one way or other; or 988. If there be any force in imaginations and upon their closing and opening, &c. 992. For inanimate things, you may try the affections of singular persons, it is probable the force is much more in the joint imaginations and force of imagination, upon staying the working of after nnss tn Kim.: Lewis tin- BtoVWthof what mce Sir, your iim;t.il enemy is dead was slain at time Duke li.irles uf Burûmly
r
>
;"
im;>
all*
-ctions of
multitudes
as
if
won
or lost in remote parts,

in the
whether
a victory should he is there not
some sense thereof
people
whom
it
concern-
when the barm is put in, or upon the coming of butter or cheese, after the churning, or the ren be put in. net
beer 993. It
is
eth, because of the great joy or grief that many men are possessed with at oncel Pius Quintus,
at the very time
an ancient tradition everywhere
al
when that memorable victory the Christians against the Turks, at the naval battle of Lepanto, being then hearing
wa? won by
of causes in consistory, brake off suddenly, and said to those about him, It is now more time we
"
leged, for example of secret proprieties and in fluxes, that the torpedo marina, if it be touched
that toucheth
should give thanks to God, for the great victory it is true, he hath granted us against the Turks
:"
with a long stick, doth stupefy the hand of him it. It is one degree of working at distance, to work by the continuance of a fit me dium, as sound will be conveyed to the ear by striking upon a bow-string, if the horn of the bow
be held
994.
to the ear.
that victory had a it was merely his
sympathy with his spirit; for work to conclude that league. It may be that revelation was divine but what shall we say then to a number of examples amongst the Grecians and Romans] where the people being in theatres at plays, have had news of victories and overthrows, some few days before
:
writers of natural magic do attribute come from the parts of living creatures, so as they be taken from them, the creatures remaining still alive: as if the crea,
The
much
to the virtues that
tures
virtue
still
living did
infuse
some immaterial*
any messenger could come.

It is true, that that
which
that
is
may hold in these things, the general root of superstition: namely,
observe when things hit, and not when they miss; and commit to memory the one, and But touching di forget and pass over the other.
vination, and the misgiving of minds, we shall speak more when we handle in general the na
ture of minds,
men
and souls, and spirits. have given formerly some rules of Imagination; and touching the fortifying of the same. We have set down also some few in stances and directions, of the force of imagination upon beasts, birds, &c., upon plants, and upon inanimate bodies wherein you must still observe, that your trials be upon subtle and light motions, and not the contrary; for you will sooner by ima gination bind a bird from singing than from eating or flying: and I leave it to every man to choose experiments which himself thinketh most commo dious, Diving now but a few examples of every
989.
We
So and vigour into the part severed. much may be true ; that any part taken from a living creature newly slain, may be of greater force than if it were taken from the like creature dying of itself, because it is fuller of spirit. 995. Trial would be made of the like parts of individuals in plants and living creatures as tocut off a stock of a tree, and to lay that which you cut off to putrefy, to see whether it will decay the rest of the stock: or if you should cut off part of the tail or leg of a dog or a cat, and lay it to putrefy, and so see whether it will fester, or keep from
;
healing, the part which remaineth. 99G. It is received, that it helpeth to continue love, if one wear a ring, or a bracelet, of the hair
But that may be by the ex of the party beloved. citing of the imagination : and perhaps a glov.-, or other like favour, may as well do it.
997. The sympathy of individuals, that have been entire, or have touched, is of all others the most incredible; yet according unto our faithful manner of examination of nature, we will make some little mention of it. The taking away of of the three kinds. warts, by rubbing them with somewhat that afterUse some imaginant, observing the rules wards is put to waste and consume, is a common formerly proscribed, for binding of a bird from experiment; and I do apprehend it the rather- he I had trom my pinging, and the like of a dog from barking. Try cause of my own experience. als tinafter imagination of some, whom you shall childhood a wart upon one of my fingers ai-i.Miuiiioda.te with things to fortify it, in cocks wards, when I was about sixteen years old, being
I
!)!>().
136
NATURAL HISTORY.
CENT. X.
then at Paris, there grew upon both my hands a fit figure of heaven. Fourthly, it may be applied number of warts, at the least an hundred, in a to the weapon, though the party hurt be at great month s space. The English ambassador s lady, distance. Fifthly, it soemeth the imagination of who was a woman far from superstition, told me the party to be cured is not needful to concur; one day, she would help me away with my for it may be done without the knowledge of the
:
warts: whereupon she gota piece of lard with the party wounded and thus much has been tried, skin on, and rubbed the warts all over v/ith the fat that the ointment, for experiment s sake, hath side; and amongst the rest, that wart which I been wiped off the weapon, without the knowhad had from my childhood: then she nailed the ledge of the party hurt, and presently the part)
:
piece of lard, with the fat towards the sun, upon hurt hath been in great rage of pain, till the a post of her chamber window, which was to the weapon was re-anointed. Sixthly, it is affirmed, south. The success was, that within five weeks that if you cannot get the weapon, yet if you space all the warts went quite away and that wart put an instrument of iron or wood, resembling which I had so long endured, for company. But the weapon, into the wound, whereby it bleedat the rest I did little marvel, because they came et.h, the anointing of that instrument will serve
:
in a short time, and might go away in a short time again; but the going away of that which had stayed so long doth yet stick with me. They say the like is done by the rubbing of warts
j
and work the
effect.
This
doubt should be a
device to keep this strange form of cure in request and use ; because many times you cannot come
by the weapon
itself.
Seventhly, the
wound
with a green elder stick, and then burying the must be at first washed clean with white wine, It would be tried with or the stick to rot in muck. party s own water; and then bound up corns and wens, and such other excrescences. I close in fine linen, and no more dressing renewed would have it also tried with some parts of living till it be whole. Eighthly, the sword itself must creatures that are nearest the nature of excres- be wrapped up close, as far as the ointment cences ; as the combs of cocks, the spurs of cocks, goeth, that it taketh no wind. Ninthly, the And I would have it ointment, if you wipe it off from the sword and the horns of beasts, &c. tried both ways; both by rubbing those parts keep it, will serve again ; and rather increase in with lard, or elder, as before, and by cutting off virtue than diminish. Tenthly, it will cure in far some piece of those parts, and laying it to con- shorter time than ointments of wounds commonly sume: to see whether it will work any effect to- do. Lastly, it will cure a beast, as well as a man,
j
wards the consumption of that part which was which

!
I like
best of
all
the rest, because

trial.
it
sub-
once joined with

998. It
that the
it.
jpcteth the matter to an easy
the
is constantly received and avouched, anointing of the weapon that maketh wound, will heal the wound itself. In this

999.
I
secret properties.
of credit, experiment, upon though myself, as yet, am not fully inclined to believe it, you shall note the points following
:
the relation of
men
first,
the
ointment wherewith this
is
done
is
that though I reprehend the easy passing over the causes of things, by ascribing them to secret and hidden virtues, and proprieties, for this hath arrested and
would have men know,
made of clivers ingredients ; whereof the strangest and hardest to come by, are the moss upon the skull of a dead man unburied, and the fats of a boar and a bear killed in the act of generation. These two last I could easily suspect to be pre-
and indications, yet I do not understand, but that in the practical part of knowledge, much will be left to experience and probation, whereunto indication cannot so fully reach and this not only in specie, but in indivilaid asleep all true inquiry
:
scribed as a starting-hole: that if the experiment duo. proved not, it might be pretended that the beasts dice,
So
it is
in physic; if you will cure the jaun not enough to say, that the medicine
due time; for as for the moss, must not be cooling; for that will hinder the opengreatquantity of it inlreland, ing which the disease requireth that it must not he upon slain bodies, laid on heaps unburied. The hot; for that will exasperate choler: that it must other ingredients are, the blood-stone in powder, go to the gall ; for there is the obstruction which
were not killed

it is
in the
is
certain there
and some other things, which seem

virtue to
to
have a causeth the disease, &c. But you must receive from
And
stanch blood; as also the moss hath, experience that powder of Chamcepytis, or the Sr, the description of the whole ointment is to be like, drunk in beer, is good for the jaundice.
found in the chymical dispensatory of Crolltus. again a wise physician doth not continue still the Secondly, the same kind of ointment applied to same medicine to a patient; but he will vary, if the hurt itself worketh not the effect; but only the first medicine doth not apparently succeed: applied to the weapon. Thirdly, which I like for of those remedies that arc good for the jaundice, that will do good in one body weil, they do not observe the confecting of the stone, agues, ointment under any certain constellation; which which will not do good in another; according to is the excuse of magical medicines the correspondence the medicine hath to the indi commonly te nen they fail, that they were not made under a vidual oody.
<fcr.,
CENT. X.
Hfjnrimcnt
1000.
ity,
t
NATURAL HISTORY.
solitary toHtMttg
the
137
of one divine limbus; else so much affected with that
general ty input fiy
The
of inni s Kjn rits. uelioht which IIII-M h;ive in popular
men came forth out why should men be
honour, submission, and subjection of s mimls, \\ills, or atVrctions, although these tilings may be desired fur other ends, seem;iiue,
other
nun
eth to be a thing in itself without contemplation of consequence, r ;itei ul iunl ,i^ r eeable to the na
<r
ture of man. This thing, surely, is not without Boine signification, as if all spirits and souls of
which others think or say 1 The best n mper of minds desireth good name and true honour: the lighter, popularity and applause: the more de praved, subjection and tyranny ; as is seen in and great conquerors and troublers of the world yet more in arch-heretics ; for the introduction of new doctrines is likewise an affectation of tyranny over the understandings and beliefs of men.
:
VOL.
II.
18
TRACTS RELATING TO SCOTLAND.

A BRIEF DISCOURSE
OF THE
HAPPY UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND

DEDICATED IN PRIVATE TO HIS MAJESTY.*
it strange, excellent king, that Heraclitus, he that was surnamed the ob scure, had set forth a certain book, which is not
1
DO not find
when
turn back again in showers, only holding and storing them up for a time, to the end to issue and
distribute
now
extant,
nature, policy.
many men took it for a discourse and many others took it for a treatise
For there is a great affinity between the rules of nature, and the true rules of that every thing in nature, although it hath its the one being nothing else but an order private and particular affection and appetite, and policy and the other an doth follow and pursue the same in small mo in the government of the world And there ments, and when it is free and delivered from order in the government of an estate. fore the education and erudition of the kings of more general and common respects ; yet, never Persia was in a science which was termed by theless, when there is question or case for sus a name then of great reverence, but now degene taining of the more general, they forsake their rate and taken in the ill part. For the Persian own particularities, and attend and conspire to which was the secret literature of their uphold the public. magic, So we see the iron in small quantity will as kings, was an application of the contemp.ations cend and approach to the loadstone upon a parti and observations of nature unto a sense politic taking the fundamental laws of nature, and the cular sympathy but if it be any quantity of mo branches and passages of them, as an original or ment, it leaveth its appetite of amity to the load first model, whence to take and describe a copy stone, and, like a good patriot, falleth to the and imitation for government. earth, which is the place and region of massy After this manner the foresaid instructors set bodies. So again, the water and other like bodies do before their kings the examples of the celestial bodies, the sun, the moon, and the rest, which fall towards the centre of the earth, which is, as have great glory and veneration, but no rest or was said, their region or country and yet we see intermission being in a perpetual office of mo nothing more usual in all water-works and en
: : :
them in season. But chiefly, they did express and expound unto of them that fundamental law of nature, whereby all and consent things do subsist and are preserved which is,
of
and in course, of gines, than that the water, rather than to suffer expressing likewise the true any distraction or disunion in nature, will ascend, manner of the motions of government, which, forsaking the love to its own region or country, though they ought to be swift and rapid in re and applying itself to the body next adjoining. But it were too long a digression to proceed to spect of despatch and occasions, yet are they to be constant and regular, without wavering or confu more examples of this kind. Your majesty your self did fall upon a passage of this nature in your sion. So did they represent unto them how the hea gracious speech of thanks unto your council, vens do not enrich themselves by the earth and when, acknowledging princely their vigilances the seas, nor keep no dead stock, nor untouched and well-deservings, it pleased you to note, that it treasures of that they draw to them from below ; was a success and event above the course of nature but whatsoever moisture they do levy and take tohavesogreatchangewith so great a quiet: foras from both elements in vapours, they do spend and much as sudden mutations, as well in state as in * Printed in 1603 in 12mo. nature, are rarely without violence and perturbation, for the cherishing, in turn
inferior
bodies:
13S
TMON
eion
;i
:
OF ENGLAND AND SCOTLAND.

is,
139
so as
still I
i
conclude there
ii
as
was
Said,
tior,"
being one of the
common notions of the mind,
cnnirniitv lu-tui
tin-
principles of nature and
policy.
And
lest that instance
may seem
to op-
pone to this assertion, I may, even in that particu lar, with your majesty s favour, offer unto you a
type or pattern in nature, much resembling this event in your state ; namely, earthquakes, which many of them bring ever much terror and wonder, hut no actual hurt; the earth trembling for a
much to bo induced or illustrated. \Ve see the sun when he entereth, and while he continueth under the sign of Leo, causeth more vehement heats than when he is in Cancer, what lime his beams are nevertheless more rneedeth not
p>
moment, and suddenly stablishing as it was before.
in perfect quiet
The reason whereof, in great part, pendicular. hath been truly ascribed to the conjunction and in that place of heaven, of the sun corradiation, with the four stars of the first magnitude, Sirius,
Cauda Leonis. So the moon likewise, by ancient tradition, while she is in the same sign of Leo, is said to be at the heart, which is not for any affinity which
Canicula, Cor Leonis, and
This knowledge, then, of making the govern ment of the world a mirror for the government of a state, being a wisdom almost lost, whereof the reason I take to be because of the difficulty for one man to embrace both philosophies, I have
thought good to make some proof, as far as my weakness and the straits of time will suffer, to
revive in the handling of one particular, where
man
that place of heaven can have with that part of s body, but only because the moon is then, by reason of the conjunction and nearness with
the stars aforenamed, in greatest strength of in fluence, and so worketh upon that part in inferior
most humbly present your majesty bodies, which is most vital and principal. So we see waters and liquors, in small quan been said, it is a form of dis and to tity, do easily putrefy and corrupt; but in large course anciently used towards kings what king should it be more proper than to a king quantity subsist long, by reason of the strength
with
I
:
now
for surely, as hath
that
is
studious to conjoin contemplative virtue

is
they receive by union.
and active virtue together ]
So
king that had the ho
;"
Your majesty
nour
"
the
first
hurt,
in earthquakes, the more general do little by reason of the united weight which they
;
but narrow and particular earth to be lapis angularis mighty and warlike nations of England and Scot quakes have many times overturned whole towns land under one sovereignty and monarchy. It doth and cities. So then this point touching the force of union not appear by the records and memoirs of any true history, or scarcely by the fiction and pleasure of is evident and therefore it is more fit to speak of any fabulous narration or tradition, that ever, of any the manner of union: wherein again it will not antiquity, this island of Great Britain was united be pertinent to handle one kind of union, which is
to unite these
offer to subvert
:
two
under one king before this day. And yet there be union by victory, when one body doth merely no mountains nor races of hills, there be no seas or subdue another, and converteth the same into its own nature, extinguishing and expulsing what great rivers, there is no diversity of tongue or lan As when guage that hath invited or provoked this ancient se part soever of it it cannot overcome. The lot of Spain was to have the fire converteth the wood into fire, purg or divorce. paration the several kingdoms of that continent, Portugal ing away the smoke and the ashes as unapt only excepted, to be united in an age not long matter to inflame or when the body of a living past ; and now in our age that of Portugal also, creature doth convert and assimilate food and which was the last that held out, to be in nourishment, purging and expelling whatsoever The lot of France it cannot convert. For these representations do corporate with the rest. hath been, much about the same time, like answer in matter of policy to union of countries wise, to have re-annexed unto that crown by conquest, where the conquering state doth the several duchies and portions which were extinguish, extirpate, and expulse any part of the The lot of this state conquered, which it findeth so contrary as in former times dismembered. island is the last reserved for your majesty s it cannot alter and convert it. And, therefore, happy times, by the special providence and favour leaving violent unions, we will consider only of
:
j
hath brought your majesty to this happy conjunction with the great consent of hearts, and in the strength of your years, and in It resteth but the maturity of your experience.
of God,
that, as I
who
natural unions.
The
and
difference is excellent
which the best ob

"
servers in nature do take between

"mistio,"
compositio"
promised, I set before
your majesty
princely consideration, the grounds of nature touching the union and commixture of bodies, and the correspondence which they have with the
putting together, and mingling: the one being but a conjunction of boili -s in the other in quality and consent: the one place,
the mother of sedition and alteration, the other of peace and continuance: the one rather a confusion
grounds of policy in the conjunction of states and

kinirdoms.
First, therefore, that position,
"
than
Therefore
Vis unita
for-
union, the other properly a union. we see those bodies, which they call but are speedily "imperfecte mista," last not,
140
dissolved.
UNION OF ENGLAND AND SCOTLAND.

distribution: that Italy should give the language and the laws ; Troy should give a mixture of men,
For take, for example, snow or froth, which are compositions of air and water, and in them you may behold how easily they sever and dissolve, the water closing together and exclud
ing the air. So those three bodies
and some religious rites; and both people should meet in one name of Latins.
Soon after the foundation of the city of Romf:, which the alchymists do the people of the Romans and the Sabim-s mingled so much celebrate as the three principles of upon equal terms: wherein the interchange went so that is to say, earth, water, and oil, even, that, as Livy noteth, the one nation gave the things which it pleaseth them to term salt, mercury, and name to the place, the other to the people. For Rome continued the name, but the people were sulphur, we see, if they be united only by com position or putting together, how weakly and called Quirites, which was the Sabine word, de
;
for water and earth rudely they do incorporate make but an imperfect slime; and if they be forced together by agitation, yet, upon a little
:
rived of Cures, the country of Tatius. But that which is chiefly to be noted in the
whole continuance of the Roman government;

effect
I
settling,
the earth resideth in the
bottom.
So they were
water and oil, though by agitation it be brought into an ointment, yet after a little settling the oil will float on the top. So as such imperfect mixtures continue no longer than they are forced ; and still in the end the worthiest getteth above. But otherwise it is of perfect mixtures. For
they
so liberal of their naturalizations, as in made perpetual mixtures. For the
manner was to grant the same, not only to parti cular persons, but to families and lineages ; and not only so, but to whole cities and countries. So as
call
in the
end
it
came
as
to that, that
Rome was
civilians
"eommunis
it.
patria,"
some of the
we
oil,
see these three bodies, of earth, water, and when they are joined in a vegetable or mine
So we read of
beaten with
officer
St.
Paul, after he had been
ral,
they are so united, as, without great subtlety of art and force of extraction, they cannot be se parated and reduced into the same simple bodies
with
rods, and thereupon charged the the violation of the privilege of a

"
citizen of
again.
tio"
So as the
"mistio"
difference
between
"
composi-
thou then a
dear."
and
"compositio"
is
of bodies without a
clearly set down is this; that the joining or putting together new form : and mistio" is the
"
Rome the captain said to him, Art Roman ? That privilege hath cost me To whom St. Paul replied, But 1 \va3
;
"
joining or putting together of bodies under a new form : for the new form is commune vinculum,"
"
so born and yet, in another place, St. Paul professeth himself, that he was a Jew by tribe: so as it is manifest that some of his ancestors were naturalized ; and so it was conveyed to him
;"
and their other descendants. So we read that it was one of the first despites Now, to reflect this light of nature upon matter that was done to Julius Caesar, that whereas he obtained naturalization for a city in Gaul, one of of estate there hath been put in practice in go vernment these two several kinds of policy in the city was beaten with rods of the consul Marand conjoining of states and kingdoms ; cellus. uniting So we read in Tacitus, that in the Emperor the one to retain the ancient form still severed, and only conjoined in sovereignty; the other to Claudius s time, the nation of Gaul, that part superinduce a new form, agreeable and convenient which is called Comata, the wilder part, were to the entire estate. The former of these hath suitors to be made capable of the honour of being been more usual, and is more easy ; but the latter senators and officers of Rome. His words are Cum de supplendo senatu agitaretur priis more happy. For if a man do attentively re these volve histories of all nations, and judge truly moresque Gallise,quae Comata appellata foedera, et thereupon, he will make this conclusion, that civitatem Romanam pridem assecuti, jus adipiscendorum in urbe honorum expeterent: multus ea there was never any states that were good com mixtures but the Romans ; which, because it was super re variusque rumor, et studiis diversis, apud the best state of the world, and is the best exam principem certabatur." And in the end, after long ple of this point, we will chiefly insist thereupon. debate, it was ruled they should be admitted.
at strife
;
"
and without that the old forms will be and discord.
In the antiquities of Rome, Virgil bringeth in of oracle or prediction, speaking Jupiter, by way of the mixture of the Trojans and the Italians :
Sermonem Ausonii
Siibs
d,
iii
patritim
moresque tenebunt
So, likewise, the authority of Nicholas Machiavel seemeth not to be contemned ; who, inquiring the causes of the growth of the Roman empire, doth give judgment; there was not one greater than this, that the state did so easily compound
ritusque sacrorum Adjiciam faciamque oinnes uno ore Latinos. Ilinc genus, Aiisonio mixtuni quod sanguine fiirpet,
Teucri
morem
and incorporate with strangers. It is true, that most estates and kingdoms have taken the other course of which this Hl rrt haih
:
Supra homines, supra
ire
Ueos pietate videbis.

JEn.
xii. 834.
Wherein Jupiter marceth a kind of
partition or
followed, that the addition of further empire and territory hath been rather matter of burden, than matter of strength unto them yea, and, farther, it
:

nalh kept anve the seeds and roots of revolts and rebellions for many ages; as we may see in afresh ami notable example of the kingdon of Arraôn
:
141
nounced by an ancient father, touching the diveisity of utes in tin- church; for rinding the venture of the queen in the psalm, which did prefigure the which, though it were united to Castile by mar- church, was of divers colours; and finding again d not by conquest, and so descended in that Christ b coat was without a seam, he con veste varietas sit, scissum nun hereditary union by the space of more than a cluded well, hundred years; yet, because it was continued in For manners a consent in them is to be sought divided government, and not well incorporated a and cemented with the other crowns, entered into industriously, but not to be enforced for nothing
i
"in
sit."
a rebellion upon point of their ties, now of very late years.
amongst people breedeth so much pertinacy in holding their customs, as sudden and violent offer Now, to speak briefly of the several parts of to remove them. And as for employments, it is no more but an that form, whereby states and kingdoms are per of that verse: fectly united, they are, besides the sovereignty indifferent hand, and execution
"fueros,"
or liber
it-,clf,
lour in
number; union
in
name, union in
There remaineth only to remember out of the out ward matter, yet it carrieth much impression grounds of nature the two conditions of perfect and enchantment:. the general and common name mixture; whereof the former is time: for the of Grsecia made the Greeks always apt to unite, natural philosophers say well, that "compositio" though otherwise full of divisions amongst them- is "opus hominis" and "mistio opus naturae." sflves, against other nations whom they called For it is the duty of man to make a fit application barbarous. The Helvetian name is no small band of bodies together but the perfect fermentation and to knit together their leagues and confederacies incorporation of them must be left to time and The common name of Spain, no nature and unnatural hasting thereof doth disturb the faster. doubt, hath been a special means of the better the work, and not despatch it. So we see, after the graft is put into the stock union and conglutination of the several kingdoms of Castile, Arragon, Granada, Navarre, Valentia, and bound, it must be left to time and nature to Catalonia, and the rest, comprehending also now make that continuum," which at the first was but
i<>r
language, union in laws, union in employments. name, though it seem but a superficial and
Xros, Tyriusque mihi nullo discrimine agetur.
"
lately Portugal.
For language, it is not needful to insist upon it ; because both your majesty s kingdoms are of one laninr.Kje, though of several dialects; and the dif ference is so small between them, as promiseth rather an enriching of one language than a conti nuance of two. For laws, which are the principal sinews of
And it is not any continual press s ing or thrusting together that will prevent nature And so in liquors, season, but rather hinder it. those commixtures which are at the first troubled, grow after clear and settled by the benefit of rest
"contiguum."
and time. The second condition

the less.
which
government, they be of three natures; I will term freedoms or abilities,
"jura,"
is, that the greater draw So we see when two lights do meet, And the greater doth darken and dim the less.
"leges,"
when
a smaller river runneth into a greater,
it
loseth both its name and stream. And hereof, to and "mores." For abilities and freedoms, they were amongst conclude, we see an excellent example in the The kingdom of the Romans of four kinds, or rather degrees. kingdoms of Judah and Israel. Jus connubii, jus civitatis, jus suffragii," and Judah contained two tribes; the kingdom of Israel Jus connubii" contained ten. King David reigned over Judah or honorum." jus petitionis" is a thing in these limes out of use: for marriage for certain years; and, after the death of Ishbo"
"
"
"
is
civitatis"
open between all diversities of nations. "Jus sheth, the son of Saul, obtained likewise the answcreth to that we call dem zation or kingdom of Israel. This union continued in him, "Jus answereth to the and likewise in his son Solomon, by the space of naturalization. suflragii" Jus petitionis" answereth seventy years, at least, between them In th hut voice in parliament. And the Romans did yet, because the seat of the kingdom was kept still to place in council or office. many times sever these freedoms; granting "Jus in Judah, and so the less sought to draw the civitatem, sine greater: upon the first occasion offered, the kingconnubii, sine civitate," and 1 an( so continued ver after, ftaffragio/ and "suffragium, sine jure petitionis," doms brake ajruin, which was commonly with them the last. Thus having in all humbleness made oblation to
"
"
curiosity and inconveniency, to seek either toextirpate all particular customs, or to draw all subjects
el my your majesty of these Mmj le fruits wish it i.et in the and studies, I do wish, and nature of an impossibility, to my appn f your majesty s t\\o kimrIt that this happy union to one place or resort of judicature and session. Biifliceth there be a uniformity in the principal and doms of England and Scotland, may be in afgood tlie like divine provi fundamental laws, both eecj-siastical and civil: an hour and under a s between the Romans and the Sabines. for in this point the rule holdeth which was pro- that
"
For those we called
leges,"
it
is
a matter of
<lo
<
CERTAIN ARTICLES OR CONSIDERATIONS

TOUCHING THE
UNION OF THE KINGDOMS OF ENGLAND AND SCOTLAND.

COLLECTED iND DISPERSED FOB HIS MAJESTY
S
BETTER SERVICE.
YOUR majesty, being, I doubt not, directed and conducted by a better oracle than that which was given for light to JEneas in his peregrination, Antiquam exquirite matrem," hath a royal, and indeed an heroical desire to reduce these two kingdoms of England and Scotland into the unity of their ancient mother kingdom of Britain. Wherein, as I would gladly applaud unto your Sic majesty, or sing aloud that hymn or anthem, itur ad astra so, in a more soft and submissive voice, I must necessarily remember unto your
" "
multiplication of another man s knowledge bj your own, as I have often observed, so I did ex tremely admire in Goodwin s cause, being a mat ter full of secrets and mysteries of our laws, merely new unto you, and quite out of the path of your education, reading, and conference wherein,
:
nevertheless, upon a spark of light given, your majesty took in so dexterously and profoundly, as
if
you had been indeed
"
anima
legis,"
not only
;"
in execution, but in understanding: the remem brance whereof, as it will never be out of
my
Ardua qua; mind, so it will always be a warning to me to majesty that warning or caveat, it is an action that pulchra requireth, yea, and seek rather to excite your judgment briefly, than needeth much, not only of your majesty s wisdom, to inform it tediously ; and if in a matter of that but of your felicity. In this argument I presumed nature, how much more in this, wherein your at your majesty s first entrance to write a few princely cogitations have wrought themselves, and lines, indeed scholastically and speculatively, and been conversant, and wherein the principal light not actively or politicly, as I held it fit for me at proceeded from yourself. that time; when neither your majesty was in that And therefore my purpose is only to break this your desire declared, nor myself in that service matter of the union into certain short articles and used or trusted. But now that both your majesty questions, and to make a certain kind of anatomy hath opened your desire and purpose with much or analysis of the parts and members thereof: not admiration, even of those who give it not so full that I am of opinion that all the questions \s hirh an approbation, and that myself was by the Com I now shall open, were fit to be in the consulta
"
:"
mons graced with the first vote of all the Com mons selected for that cause not in any estima
;
tion of the
commissioners propounded.
For
tion of
my ability,
for therein so
wise an assembly
could not be so
much deceived, but in an acknow ledgment of my extreme labours and integrity; in that business I thought myself every way bound,
both in duty to your majesty, and in trust to that house of parliament, and in consent to the matter
itself, and in conformity to mine own travels and beginnings, not to neglect any pains that may lend to the furtherance of so excellent a work
;
hold nothing so great an enemy to good resolution, as the making of too many questions; esprchiUy in assemblies which consist of many. For princes,
for avoiding of distraction, must take many things by way of admittance; and if questions must be made of them, rather to suffer them to arise from others, than to grace them and authorize them as But unto your propounded from themselves.
set
I will endeavour that that which I shall nihil minus quam verba for good to lay before you all the branches, linea and ornament of speech are to be used for ments, and degrees of this union, that upon the length persuasion of multitudes, and not for information view and consideration of them and their circum of kings , especially such a king as is the only stances, your majesty may the more clearly dis
wherein
majesty s private consideration, to whom it may be better sort with me rather to speak as a re membrancer than as a counsellor, I have thnuirht
down be
"
:"
to make a man of cern, and more readily call to mind which of them knowledge is but re is to be embraced, and which to be rejected and membrance, and that the mind of man knoweth of these, which are to be accepted, which of them all things, and demandeth only to have her own is presently to be proceeded in, and which to be notions excited and awaked which your ma- put over to farther time. And again, which of jpstv s rare and indeed singular gift and faculty them shall require authority of parliament, and of swift apprehension, and infinite expansion or] which are fitter to be effected by your majesty s
instance that ever I
knew
all
Plato s opinion,
"that
:"
INION OF IINCI.AM)
royal
or
AN!)
whether
at
<
SCOTLAND.
it
t:<
were not eonve-iieiu to plan* and erect Berwick some council or court. with difficulty and contradiction, and which justice, the jurisdiction whereof might extend jui--, into England and part into Scotland, with a with more facility and smoothness. part First, tlirrcfore, to begin with that question, commi-Mon not to proceed precisely, or merely will be out of question. tlr.it, according to the laws and customs either of Eng suppose,
power and prerogative, means; ;nid, lastly, which
or by other policies if them is likrr to

i
arlisle or
!"
\Vhether
it
br
not
inert,
that
the
statutes,
land or Scotland, but mixedly, according to instruc
which were made touching Scotland or the Scot tions by your majesty to be set down, after the tish nation, while the kingdoms stood severed, be imitation and precedent of the council of the marches here in England, erected upon the union repealed 1
It is true, there is a diversity in these; for some of these laws consider Scotland as an enemy s
country
II.
other
laws consider
for
it
as a foreign
country only: as,
anno
7,
which prohibiteth
to
br carried to
example, the law of Rich. all armour or victual Scotland ; and the law of 7 of K.
Wales? The third question is that which many will make a great question of, though perhaps your majesty will make no question of it; and that is, whether your majesty should not make a stop or
of
Henry VII. that enacteth all the Scottish men to depart tho realm within a time prefixed. Both these laws, and some others, respect Scotland as
a country of hostility w,.rd IV. that endueth of
-,i
stand here, and not to proceed to any farther union, contenting yourself with the two former articles
or points.
For
it
will
to
be said, that
is to
we
are
now
well,
but the law of 22 of Ed-
thanks be
it
God and your
majesty, and the state

saith, that
it
"
Berwick with the liberty staple, where all Scottish merchandises resort that should be uttered for England, should
and likewise
all
of neither kingdom
is
be repented of; and that
true
which Hippocrates
medicationes
Sana
r
corpora
difficile
ferunt,"
is bett.
English merchandises that should to make alterations in sick bodies than in sound. be uttered for Scotland ; this law beholdeth Scut- The consideration of which point will rest upon land only as a foreign nation ; and not so much these two branches: what inconveniences \\iii neither; for there have been erected staples in ensue with time, if the realms stand as they aro towns of England for some commodities, with an divided, which are yet not found nor sprung up. exclusion and restriction of other parts of England. For it may be the sweetness of your majesty s Hut this is a matter of the least difficulty your first entrance, and the great benefit that both na shall have a calendar made of the laws, tions have felt thereby, hath covered manv incon and a brief of the effect; ami so you may judge veniences: which, nevertheless, be your of them and the like or reciproque is to be done government never so gracious and politic, con tinuance of time and the accidents of time may by Scotland for such laws as they have concern breed and discover, if the kingdoms stand divided. ing England and the English nation. The second branch is; allow no manifest or The second question is, what laws, customs, commissions, officers, garrisons, and the like, are important peril or inconvenience should rnsue of to he put down, discontinued, or taken away upon the continuing of the kingdoms divided, yet, n the other side, whether that upon the farther the borders of both realms? To this point, because I am not acquainted with uniting of them, there be not like to follow that the marches, I can say the less. the orders of addition and increase of wealth and reputation, as Herein falleth that question, whether that the is worthy your majesty s virtues and fortune, to tenants, who hold their tenants rights in a greater be tho author and founder of, for the advancement freedom and exemption, in consideration of their and exaltation of your majesty s royal post, rity in service upon the borders, and that the countries time to come 1
;
i
<
themselves, which are in the same respect disnrin-d of subsidies and taxes, should not now be
to this
But, admitting that your majesty should proceed more perfect and entire union, when in
mo>,
brought
to
be
"
in
one degree with other tenants and

ellect is
?"
your majesty
countries;
namcessante causa, tollitur
my opinion, some time would be given; "quia adhuc eorum messis in herba est:" but some present ordinance would be made to take
\\ herein, in
eil
may say. "Majus opus enter into the parts and degrees thereof, I think set down, as in a brief table, in what fit first to
ect at a future time, considering
it is
one of the
points the nations stand now at this present time already united, and in what points yet still se vered and divided, that your majesty may the
better see what is done, and what is to be don, and how that which is to be done is to be int\ rrcd
;
greatest points and
marks of the division of the
reason doth dictate, that where the principal solution of continuity was, there the healing and consolidating plaster shoi;!,l be chiefly applied ; there would be some farther
kingdoms.
And because
upon that which
is
done.
points wherein the nations stand already united are:
The
device for the utter and perpetual confounding of those ima<_nuary bounds, as your majesty trrmeth
..lid
In sovereignty. In the relative thereof, which

In religion.
is
subjection.
therefore
it
Would
be considered,
144
In continent.
In language.
UNION OF ENGLAND AND SCOTLAND

distinction.
dum,"
But
for
that,
"tempori
it is
to be left to time.
permitten For considering
by the peace by your majesty concluded with Spain, in leagues and confedera cies for now botli nations have the same friends and the same enemies. Yet, notwithstanding, there is none of the six points, wherein the union is perfect and consum mate; but every of them hath some scruple or
lastly,
:
And now
that both languages do concur in the principal office and duty of a language, which is to make a
rather grain of separation in them.
inwrapped and included
For the sovereignty, the union is absolute in your majesty and your generation ; but if it should so be, which God of his infinite mercy defend, that your issue should fail, then the descent of both realms djth resort to the several lines of
the several bloods royal. For subjection,! take the
clear,
man s self understood; for the rest, it is rather to be accounted, as was said, a diversity of dialect than of language: and, as I said in my first writing, it is like to bring forth the enriching of one language, by compounding and taking in the proper and significant words of either tongue, rather than a continuance of two languages. For leagues and confederacies, it is true, that
neither nation
:
law of England
to
is now in hostility with any state, wherewith the other nation is in amity but yet so, as the leagues and treaties have been concluded with either nation respectively, and not with both jointly which many contain some diversity be of articles of straitness of amity with one more
;
what the law of Scotland is I know not, than with the other. Scotchmen from the very instant of your But many of these matters may perhaps be of In veste majesty s reign begun are become denizens, and that kind, as may fall within that rule, the post nati" are naturalized subjects of Eng varietas sit, scissura non land for the time forwards for by our laws none to descend to the particular points where Now
that all
" "
sit."
can be an alien but he that is of another allegiance in the realms stand severed and divided, over and than our sovereign lord the king s for there be besides the former six points of separation, which but two sorts of aliens, whereof we find mention I have noted and placed as defects or abatements in our law, an alien ami, and an alien enemy ; of the six points of the union, and therefore shall whereof the former is a subject of a state in amity not need to be repeated the points, I say, yet re with the king, and the latter a subject of a state maining, I will divide into external and internal. in hostility but whether he be one or other, it is The external points therefore of the separation an essential difference unto the definition of an are four. if he be not of the s allegiance ; as we 1 . The several crowns, I mean the ceremonial alien, king
: : :
see
it evidently in the precedent of Ireland, who, since they were subjects to the crown of England, have ever been inheritable and capable as natural
and material crowns.

2.
The second
is
the several names, styles, or
appellations.
3. 4.
subjects: and yet not by any statute or act of parliament, but merely by the common law, and
The third is the several prints of the seals. The fourth is the several stamps or marks
the reason the-eof. So as there is no doubt, that of the coins or moneys. It is true, that the external are in some respect every subject of Scotland was, and is in like and degree, since your majesty s coming and parts much mingled and interlaced with con plight in, as if your majesty had granted particularly siderations internal ; and that they may be as ef your letters of denization or naturalization to every fectual to the true union, which must be the work of them, and the post nati" wholly natural. of time, as the internal, because they are operative But then, on the other side, for the time back- upon the conceits and opinions of the people; the
"
j
ante nati," the wards, and for those that were blood is not by law naturalized, so as they cannot take it by descent from their ancestors without act of parliament and therefore in this point there is a defect in the union of subjection. For matter of religion, the union is perfect in points of doctrine; but in matter of discipline and
"
uniting of whose hearts and affections and true end of this work.
j
is
the
life
For the ceremonial crowns, the questions will be, whether there shall be framed one new im
for the times perial crown of Britain to be used to cornel Also, admitting that to be thought
government it is imperfect. For the continent, it is true there are no natural boundaries of mountains or seas, or navigable rivers; but yet there are badges and memorials of borders of which points I have spoken before. For the language, it is true the nations are "unius labii," and have not the first curse of dis union, which was confusion of tongues, whereby
;
convenient, whether in the frame thereof there shall not be some reference to the crowns of Ire
land and France
Also, whether your majesty should repeat or iterate your own coronation and your queen s, or only ordain that such new crown shall be used by your posterity hereafter] The difficulties will be in the conceit of some
of Scotland may inequality, whereby the realm onf understood not another. But yet the dialect be thought to be made an accession unto the But that restetli in some ciris differing and it remaineth a kind of mark of realm of England.
UNION OF
<Mimstances;
K\<:i,A\l)
AM) SCOTLAND,
alteration of the
!45
for
tin-
compounding of
(
(TWrai i- .411.1!; tin- calling the crown of Uritaiu is equal.

!>
,f
t|
The other, doubt, lest the the two new crown may induce and involve an
name
l.i\\s
alteration
the
and policies of the kingdom; both which, if your at \\ stminMi T, which majesty shall assume tin st\|eof proclamation coronation, if it shall sacred place for the and not by parliament, are in themselves satisi- the ancient, august, and make an ine lied for then the usual names must needs n main Knuland, may seem An- again, if the crown of Scotland be in writs and records, the form* wh- -n of cannot he quality. discontiiuied, tlien that ceremony, which I hear altered but by act of parliament, and so the point
Only
the place of
t"
is
And again, your proclama and so the scruple of a tacit or implied alteration of laws likewise satisfied. ise nity. Mills! like\\ For the name, the main question is, whether But then it may be considered, whether it were the contracted name of Britain shall be by your not a form of the greatest honour, if the parliament, should become majesty -i-d, or the divided names of England and though they did not enact it, yet suitorsand petitioners to your majesty to assume it] Scotland ! For the seals, that there should be but one n at Admitting there shall be an alteration, then seal of Britain, and one chancellor, and that there the case will require these inferior questions First, whether the name of Britain shall only should only be a seal in Scotland for processes
used
in the
parliament of Scotland in the absence

t..
of honour satisfied.
of the kui 4s,
have the crowns carried
in
solem
tion altereth no law,
1.
<_:
be used
style
your majesty s style, where the entire and ordinary justice ; and that all patents of grants forms the divided of lands or otherwise, as well in Scotland as in ; and in all other names to remain both of the realms and of the England, should pass under the great seal here, it is an alteration inter people? or otherwise, that the very divided kept about your person; names of realms and people shall likewise be nal, whereof I do now speak. But the question in this place is, whether the or turned into special or subdivided changed names of the general name ; that is to say, for great seals of England and Scotland should not be example, whether your majesty in your style shall changed into one and the same form of image and
in
is recited
denominate yourself king of Britain, France, and superscription of Britain, which, nevertheless, is Ireland, &c., and yet, nevertheless, in any com requisite should be with some one plain or mani mission, writ or otherwise, where your majesty fest alteration, lest there be a buz, and suspect,
mentions England or Scotland, you shall retain secundum consuetudithe ancient names, as or whether those di nem regni nostri Anglise
"
by the
that grants of things in England may be passed converse]" seal of Scotland, or

"e
;"
vided names shall be forever lost and taken away, and turned into the subdivision of South-Britain
Also, whether this alteration of form may noX be done without act of parliament, as the great seals have used to be heretofore changed as to
their
and North-Britain, and the people And Britons and North-Britons

?
to be Southso, in the
ex
impressions] For the moneys, as
to the real
and internal con
ample
run
"
aforesaid, the tenor of the like clause to
secundum consuetudinem Britannia ausif
sideration thereof, the question will be, whethei your majesty shall not continue two mints]
tralis."
which, the distance of territory considered, I sup the former of these shall be thought pose will be of necessity. it were not better for your convenient, whether Secondly, how the standards, if it be not already majesty to take that alteration of style upon you done, as I hear some doubt made of it in populai by proclamation, as Edward the Third did the style rumour, may be reduced into an exact proportion of France, than to have it enacted by parliament] for the time to come; and likewise the computa
Also,
were not
Also, in the alteration of the style, whether it tion, tale, or valuation to be better to transpose the kingdom of Ire moneys already beaten]
made exact
for the
land, and put it immediately after Britain, and so place the islands together : and the kingdom of
France, being upon the continent, last; in regard that those islands of the western ocean seem by nature and providence an entire empire in them selves ; and also, that there was never king of
:
That done, the last question is, which is only proper to this place, whether the stamp or the image and superscription of Britain for the time
forwards should not be made the selfsame in both A matter places, without any difference at all ]
also which may be done, as our law is, by your England so entirely possessed of Ireland, as your majesty s prerogative without act of parliament These points are points of demonstration, majesty is so as your style to run, king ot Britain, Ireland, and the islands adjacent, and faciendum populum," but so much the more they of France, &c. go to the root of your majesty s intention, which The difficulties in this have been already is to imprint and inculcate into the hearts and thoroughly beaten over but they gather but to heads of the people, that they are one people and two heads. one nation. The one, point of honour and love to the former In this kind also I have heard it pass abroad in names. speech of the erection of some new ordei of knighu
"ad ;
VOL.
II.
19
146

sition, or
hood, with a reference to the union, and an oath appropriate then unto, which is a point likewise deserves a consideration. So much for the exter
nal points. The internal
possessing of the parliament j

;
there to be handled
which
in
England
is
used
to
be done immediately by any

liament, or used to be
articles
;
member
of the par
points of separation are as fol-
by the prolocutor; and in Scotland in done immediately by the lords of the
loweth.
Several parliaments. 2. Several councils of state.
1.
3.
Several officers of the crown.

Several laws.
4. Several nobilities.
5.
whereof the one form seemeth to have and the other more gravity and ma turity and therefore the question will be whether of these shall yield to other, or whether there should not be a mixture of both, by some commissions
more
liberty,
:
precedent to every parliament in the nature of lords and proof the articles, and yet not excluding the liberty of propounding in full parliament afterwards? 7. Several receipts and finances. 3. The third, touching the orders of parliament, how they may be compounded, and the best of 8. Several admiralties and merchandisings. 9. Several freedoms and liberties. either taken ? 10. Several taxes and imposts. 4. The fourth, how those, which by inneritance As touching the several states ecclesiastical, or otherwise have offices of honour and ceremony and the several mints and standards, and the in both the parliaments, as the lord steward with several articles and treaties of intercourse with us, &c., may be satisfied, and duplicity accommo dated ? foreign nations, I touched them before. In these points of the strait and more inward For the councils of estate, while the kingdoms union, there will intervene one principal difficulty stand divided, it should seem necessary to continue and impediment, growing from that root, which several councils ; but if your majesty should pro Aristotle in his Politics maketh to be the root of ceed to a strict union, then, howsoever your all division and dissension in commonwealths, majesty may establish some provincial councils in and that is equality and inequality. For the Scotland, as there is here of York, and in the realm of Scotland is now an ancient and noble marches of Wales, yet the question will be, whe ther it will not be more convenient for your majesty realm, substantive of itself. But when this island shall be made Britain, to have but one privy council about your person, then Scotland is no more to be considered as whereof the principal officers of the crown of Scotland, but as a part of Britain ; no more than Scotland to be for dignity sake, howsoever their England is to be considered as England, but as a abiding and remaining may be as your majesty
6.
Several courts of justice,
trials,
part likewise of Britain ; and consequently neither of these are to be considered as things entire of
shall
employ
their service
But
this point belong-
eth merely and wholly to your majesty s royal wil
id
themselves, but in the proportion that they bear to and pleasure. And therefore let us imagine, Nam For the officers of the crown, the consideratior mente possumus, quod actu non possumus," thereof will fall into these questions. that Britain had never been divided, but had ever First, in regard of the latitude of your kingdom
the whole.
"
been one kingdom

tory,
which
is
is
Scotland,
then that part, of soil or terri and the distance of place, whether it will not be comprehended under the name of matter of necessity to continue the several officers, in quantity, as I have heard it es because of the impossibility for the service to be
;
teemed, how truly I know not, not past a third part of Britain ; and that part of soil or territory
performed by one? The second, admitting the duplicity of officers should be continued, yet whether there should not comprehended under the name of Eng is two parts of Britain, to speak of be a difference, that one should be the principal land, leaving any difference of wealth or population, and speak officer, and the other to be but special and
which
is
So, then, if, for example, ing only of quantity. Scotland should bring to parliament as much no bility as England, then a third part should coun
tervail
subaltern?
As,
for
example, one
to
be chancellor
of Britain, and the other to be chancellor with some special addition, as here of the duchy, &c.
The third, if no such specialty or inferiority be thought fit, then whether both officers should not test before God and your majesty, I have the title and the name of the whole island as a man born in England, but as a man born in and precincts ? as the Lord Chancellor of England Britain. And therefore to descend to particulars to be Lord Chancellor of Britain, and the Lord For the parliaments, the consideration of that, Chancellor of Scotland to be Lord Chancellor of
two
"
parts
nam
si
inaequalibus aequalia
addas, omnia erunt
inaequalia."
And
pro do spenk not

:
this, I
point will
1.
fall
into four questions.
The
!
first,
tetween the
Si-otland
2.
what proportion shall be kept votes of England and the votes of

"manner
Britain, but with several provisoes that they shall not intromit themselves but within their several
precincts. For the nobilities, the consideration thereof will

fall
The
second, touching the
of propo
into these questions:

Tho first,
of their votes in parliament, which
147
more urgent than any
least,
was
t>>
But the question

of these
is,
that is
touched before, what proportion they shall

the nobility of
Ix .ir
whether these cases at the
be
they of a higher or inferior degree, wherein the which shall he thought lit bo not full, yet your fact committed, or act done in Scotland, may pre majesty may, out of your prerogative, supply it; judice the state and subjects of England, or for although you cannot make fewer of Scotland, converse," are not to be reduced into one uniform
England
win-rein,
if
the proportion
"e
As, for example, a may make more of England. ity of law and punishment? The second is touching the place and precedence perjury committed in a court of justice in Scotland, wherein to marshal them according to the prece cannot be prejudicial in England, because deposi dence of England in your majesty s style, and tions taken in Scotland cannot be produced and according to the nobility of Ireland that is, all used here in England. But a forgery of a deed in English earls first, and then Scottish, will be Scotland, I mean with a false date of England, thought unequal for Scotland. To marshal them may be used and given in evidence in England. according to antiquity, will be thought unequal So likewise the depopulating of a town in Scotland Because I hear their nobility is doth not directly prejudice the state of p]ngland for England. generally more ancient: and therefore the question but if an English merchant shall carry silver, and will be, whether the indifferentest way were not gold into Scotland, as he may, and thence trans
yet you
;
:
for example, port it into foreign parts, this prejudiceth the state England, and then of England, and may be an evasion to all the laws the ancient earl of Scotland, and so "alternis of England ordained in that case ; and therefore had need to be bridled with as severe a law in vicibus!" For the laws, to make an entire and perfect Scotland as it is here in England. Of this kind there are many laws. union, it is a matter of great difficulty and length, The law of the 5th of Richard II. of going over both in the collecting of them, and in the passing of them. without license, if there be not the like law in for any For, first, as to the collecting of them, there must Scotland, will be frustrated and evaded be made by the lawyers of either nation a digest subject of England may go first into Scotland, and under titles of their several laws and customs, as thence into foreign parts. well common laws as statutes, that they may be So the laws prohibiting transportation of sun collated and compared, and that the diversities dry commodities, as gold, and silver, ordnance, may appear and be discerned of. And for the artillery, corn, &c., if there be not a correspond passing of them, we see by experience that ence of laws in Scotland, will in like manner be patrius mos" is dear to all men, and that men deluded and frustrate ; for any English merchant are bred and nourished up in the love of it ; and or subject may carry such commodities first into therefore how harsh changes and innovations are. Scotland, as well as he may carry them from port And we see likewise what disputation and argu to port in England ; and out of Scotland into ment the alteration of some one law doth cause foreign parts, without any peril of law. and bring forth, how much more the alteration of So libels may be devised and written in Scot the whole corps of the law ? Therefore the first land, and published and scattered in England. Treasons may be plotted in Scotland and exe question will be, whether it be not good to proceed by parts, and to take that that is most necessary, cuted in England. and leave the rest to time 1 The parts therefore or And so in many other cases, if there be not the like severity of law in Scotland to restrain offences subject of laws, are for this purpose fitliest distri buted according to that ordinary division of crimi that there is in England, whereof we are here nal and civil, and those of criminal causes into ignorant whether there be or no, it will be a gap or stop even for English subjects to escape and capital and penal. The second question therefore is, allowing the avoid the laws of England. But for treasons, the best is that by the statute general union of laws to be too great a work to embrace ; whether it were not convenient that cases of 26 K. Henry VIII. cap. 13, any treason com capital were the same in both nations ; I say the mitted in Scotland may be proceeded with in cases, I do not speak of the proceedings or trials England, as well as treasons committed in France, that is to say, whether the same offences were Rome, or elsewhere. not fit to be made treason or felony in both For courts of justice, trials, processes, and
lirst,
to take
them interchangeably; as
ancient
earl
the
of
"
places
The
state, or
third
question
is,
whether cases penal,
other administration of laws, to make any alteration in either nation, it will be a thing so new and
though not capital, yet
if they concern the public unwonted to either people, that it may be doubted otherwise the discipline of manners, were it will make the adminstration of justice, which not fit likewise to be brought into one degree, as of all other things ought to be known and certain the case of misprision of treason, the case of as a beaten way, to become intricate and uncertain. And besides, I do not see that the severally of "praemunire," the case of fugitives, the case of
incest, the case of
simony, and the rest 1
administration of justice, though
it
be oy court
148
sovereign of last resort,
error, is
:

I
mean without appeal
or
And
for
merchandising,
it
may
be a question,
be reviewed ; and of such liber ties as are agreeable and convenient for the sub "commune vinculum" of the justice of both jects and of both nations, one great charter people nations, your majesty should not erect some court may be made and confirmed to the subjects of about your person, in the nature of the grand Britain ; and those liberties which are peculiar council of France to which court you might, by or proper to either nation, to stand in state as way of evocation, draw causes from the ordinary they do.
both nations
any impediment at all to the union of a kingdom as we see hy experience in the several of parliament in the kingdom of France. courts And I have been always of opinion, that the subjects of England do already fetch justice some what far off, more than in any nation that I know, the largeness of the kingdom considered, though it be holpen in some part by the circuits of the judges ; and the two councils at York, and in the marches of Wales established. But it may be a good question, whether, as
whether that the companies, of the

adventurers, of the
merchant
Turkey merchants, and the
Muscovy merchants, if they shall be continued, should not be compounded of merchants of both
nations, English and Scottish.
free in the one nation,
in
the
other,
may
For to leave trade and to have it restrained percase breed some incon
liberties,
venience.
For freedoms and
the charters of
may
But for imposts and customs, it will be a great judges of both nations; for so doth the French king from all the courts of parliament in France ; question how to accommodate them and recon of which are more remote from Paris than cile them: for if many they be much easier in Scotland than they be here in England, which is a thing I any part of Scotland is from London. For receipts and finances, I see no question will know not, then this inconvenience will follow ; arise, in regard it will be matter of necessity to that the merchants of England may unlade in establish in Scotland a receipt of treasure for pay the ports of Scotland : and this kingdom to be ments and erogations to be made in those parts served from thence, and your majesty s customs and for the treasure of spare, in either receipts, abated. the custodies thereof may well be several ; con And for the question, whether the Scottish mer sidering by your majesty s commandment they chants should pay strangers custom in England 1 be at all times removed or disposed accord that resteth upon the point of naturalization, may which I touched before. ing to your majesty s occasions. For the patrimonies of both crowns, I see no Thus have I made your majesty a brief and questions will arise, except your majesty would naked memorial of the articles and points of this be pleased to make one compound annexation, for great cause, which may serve only to excite and an inseparable patrimony to the crown out of the stir up your majesty s royal judgment, and the lands of both nations: and so the like for the judgment of wiser men whom you will be pleased principality of Britain, and for other appennages to call to it ; wherein I will not presume to per of the rest of your children erecting likewise suade or dissuade any thing ; nor to interpose mine such duchies and honours, compounded of the own opinion, but do expect light from your possession of both nations, as shall be thought fit. majesty s royal directions ; unto the which I shall For admiralty or navy, I see no great question ever submit my judgment, and apply my travails. will arise; for I see no inconvenience for your And I most humbly pray your majesty, in this majesty to continue shipping in Scotland. And which is done to pardon my errors, and to cover for the jurisdiction of the admiralties, and the them with my good intention and meaning, and desire I have to do your majesty service, and to profits and casualties of them, they will be re unto the coasts, over-against which the acquit the trust that was reposed in me, and spective seas lie and are situated ; as it is here with the chiefly in your majesty s benign and graciou*
:
admiralties of England.
acceptation.
THE MOST HUMBLE
CERTIFICATE OR RETURN
OF
THE COMMISSIONERS OF ENGLAND AND SCOTLAND,

AUTHORIZED TO TREAT Of A UNION FOR THE WEAL OF BOTH REALMS:
2 JAC.
I.
[PPAD,BTALTMD.]
WE
land respectively
the commissioners for England and Scot named and appointed, in all
humbleness do signify to his most excellent majesty, and to the most honourable high courts of parliament of both realms, that we have assembled ourselves, consulted and treated according to the nature and limits of our commission and forasmuch as we do find that hardly within the memory
;
follow next in order, that the commerce between both nations be set open and free, so as the com modities and provisions of either may pass ana
flow to and
j
i
without any stops or obstructions, whole body, for the better sustentation and comfort of all the parts with caution nevertheless, that the vital nourishment
fro,
into the veins of the
be not so
drawn
compass of the universal fit example or precedent of the work we have in hand concurring
of
all
times, or within the
a consumption
into one part, as it may endanger and withering of the other,
world, there can be showed forth a

in all points material,
Fourthly, after the communion and participation by commerce, which can extend but to the trans-
we
thought ourselves so
much
the
more bound
to resort to the infallible
and
original grounds of nature and common reason, and, freeing ourselves from the leading or misleading of examples, to insist and fix our consi-
mission of such commodities as are moveable, personal, and transitory, there succeeded naturally that other degree, that there be made a mutual endowment and donation of either realm towards
other of the abilities and capacities to take and upon the individual business in hand, enjoy things which are permanent, real, and fixed ; without wandering or discourses. as, namely, freehold and inheritance, and the like It seemed therefore unto us a matter demonstraand that as well the internal and vital veins of live by the light of reason, that we were in first blood be opened from interruption and obstruction
I
derations
all
place to begin with the remotion and abolition of manner of hostile, envious, or malign laws on
making pedigree, and claiming by descent, as the external and elemental veins of passage and
in
either side, being in themselves
mere temporary, and now by time become directly contrary to our most happy estate ; which laws, as they present are already dead in force and vigour, so we thought fit now to wish them buried in oblivion ;
that by the utter extinguishment of the memory of discords past, we may avoid all seeds of re
commerce
with reservation nevertheless
unto
the due time of such abilities and capacities only, as no power on earth can confer without time and
education.
And,
blessed
lastly,
because the
perfection of
this
in the union, not only of the solid parts of the estate, but also in the spirit
work consisteth
lapse into discords to come. Secondly, as matter of nature not unlike the
and sinews of the same, which are the laws and government, which nevertheless are already per
fectly united in the head, but require a further time to be united in the bulk and frame of the
former,
we
entered into consideration of such
limitary constitutions as served but for to obtain a form of justice between subjects under several
whole body
monarchs, and did in the very grounds and mo tives of them presuppose incursions, and inter mixture of hostility all which occasions, as they are in themselves now vanished and done away, so we wish the abolition and cessation thereof to be declared.
:
ceive that the
contemplation hereof we did con step thereunto was to provide, that the justice of either realm should aid and
;
in
first
assist,
and not
frustrate
and interrupt the justice
of the other, specially in sundry cases criminal ; so that either realm may not be abused by male factors as a sanctuary or place of refuge to avoid
the condign
offences,
All
Thirdly, for so
union
is
much as the principal degree to communion and participation of inutiuil

it
punishment of
theii
crimes and
commodities and benefits,
appeared to us to
which several points, as we account them,

N 2
149
150
OF GENERAL NATURALIZATION.
[
summed up and put together, but as a degree or middle term to the perfection of this blessed work ; so yet we conceive them to make a just and fit period for our present consultation and proceeding.
And
for so
carriage, but to the guiding
and conducting of holy providence and will, the true author of all unity and agreement. Neither did \ve, where the business required, rest so upon our o\\ n
God
much
as concerneth the
manner of sense and opinions, but we
did also aid and assist
our proceedings, we may truly make this attesta ourselves, as well with the reverend opinion of tion unto ourselves, that as the mark we shot at judges and persons of great science and authoiity was union and unity, so it pleased God in the in the laws, and also with the wisdom and expehandling thereof to bless us with the spirit of rience of merchants, and men expert in com
I
unity,
insomuch as from our
first sitting
untn the
merce.
at
In
all
which our proceedings, notwith

so far from pretending or aiming
breaking up of our assembly, a thing most rare, the circumstance of the cause and persons consi
dered, there did not happen or intervene, neither in our debates or arguments, any manner of alter
cation or strife of
standing,
we are
any prejudication, either of his royal majesty s sovereign and high wisdom, which we do most
acknowledge to be able to pierce and penetrate far beyond the reach of our capacities , or of the solid and profound judgment of the high
dutifully
words
nor in our resolutions
any variety
or division of votes, but the
whole
I
passed with a unanimity and uniformity of consent: and yet so, as we suppose, there was never in any consultation greater plainness and
jberty of speech, argument, and debate, replying,
contradicting, recalling any thing spoken where
courts of parliament of both realms, as we do in all humbleness submit our judgments and doings
to
his
sacred majesty, and to the parliaments,
protesting our sincerity, and craving gracious and benign construction and acceptation of our travails.
cause was, expounding any matter ambiguous or therefore with one mind and consent have mistaken ; and all other points of free and friendly agreed and concluded, that there be propounded interlocution and conference, without cavillations, and presented to his majesty and the parliament a matter that we of both realms, these articles and propositions advantages, or overtakings cannot ascribe to the skill or temper of our own following.
:
We
SPEECH
USED BT
SIR
IN
FRANCIS BACON, KNIGHT,

THE HONOURABLE HOUSE OF COMMONS, QUINTO
CONCERNING
JACOBI.
THE ARTICLE OF THE GENERAL NATURALIZATION OF THE SCOTTISH NATION.
IT may please you, Mr. Speaker, preface I will use none, but put myself upon your good opinion, to which I have been accustomed beyond my in suspense deservings ; neither will I hold you what way I will choose, but now at the first I declare myself, that I mean to counsel the house
to naturalize this nation
:
those considerations, which their private vocations and degrees might minister and represent unto
them, and would take upon them cogiiations and minds agreeable to the dignity and honour of the
estate.
For, Mr. Speaker, as it was aptly and sharply wherein, nevertheless, said by Alexander to Parmenio, when, upon their I have a request to make unto you, which is of recital of the great offers which Darius made. I would accept these more efficacy to the purpose I have in hand than Parmenio said unto him,
"
he turned it upon were I as So would saith he, same request which Demosthenes did more than him again, So in this cause, if an honest Eng once, in great causes of estate, make to the people Parmenio." that state in ut cum calculis suffragiorum sumant lish merchant, I do not single out of Athens, when they took disgrace, for this island ever held it honourable, magnanimitatem reipublicse," that
all
that I shall say afterwards.
And
it
is
the
offers,
were
as Alexander
1,"
:"
"
"
"
: nto their hands the balls, whereby to give their voices, according as the manner of them was, and lay aside they would raise their thoughts,
but only for an instance of a private profession, if an English merchant should say, Surely I would proceed no farther in the union, were I as the
OF GKNKK.M. \
might be reasonably answered. king;" more would the king, were he -as ;m Kn^lish And the like may be said of a gen merchant."
it
"
\TI |{.\U/\TH)\.
131
V>
tleman of the country, be be never so worthy or sufficient; or of a lawyer, be he never so wise or

learned
;
or of
men
if a
in this
any other particular condition of kingdom for certainly, Mr. Speaker,

:
man
shall be only or chiefly sensible of those
leged on the other part, the first of them is, that there may ensue of this naturali/ation asun-hargo of people upon this realm of England, which ia supposed already to have the full charge and content and therefore there cannot be an admis sion of the adoptive without a diminution of the fortunes and conditions of those that art- native A grave objection, Mr. subjects of this realm.
:
respects which his particular vocation and degree Speaker, and very dutiful; for it proceeds not shall suggest and infuse into him, and not enter of any unkindness to the Scottish nation, but of for that answer into true and worthy considerations of estate, he a natural fastness to ourselves shall never be able aright to give counsel, or take of the virgins, Ne forte non sufficiat vobis et
:
"
fiuinst
in this matter.
I
So
that if this request be

all
granted,
But
to
account the cause obtained. proceed to the matter itself:

is
"
consul
for
tations do rest
upon questions comparative;
when a
there
"
is
de vero," it is simple, for question but one truth; but when a question is
it is
nobis," proceeded not out of any envy or malign humour, but out of providence, and the original And I charity which begins with ourselves. must confess, Mr. Speaker, that, as the gentleman that when Abraham and Lot, in regard of said, the greatness of their families, grew pent and
de
bono,"
for the
most part comparative
degrees of good and evil, and the best of the good is to be preferred and chosen, and the worst of the evil is to be declined and
for there be differing
;
it is true, that, brethren though they were, they grew to difference, and to those words, Vade tu ad dexteram,et ego ad sinistram," &c. But certainly, I should never have brought that
straitened,
"
avoided and therefore in a question of this nature example on that side; for we see what followed you may not look for answer proper to every of it, how that this separation ad dexteram et
"
inconvenience alleged
for
somewhat
that cannot
ad
be especially answered may, nevertheless, be encountered and overweighed by matter of greater moment, and therefore the matter which I shall set forth unto you will naturally receive the dis
tribution of three parts.
First, an answer have been alleged
to those
caused the miserable captivity of the one brother, and the dangerous, though pros
sinistram,"
perous war of the other, for his rescue and reco

very.
to ensue, if
;
inconveniences which we should give

I
But to this objection, Mr. Speaker, being so weighty and so principal, I mean to give three several answers, every one of them being, to my
understanding, by itself sufficient. The first is, that this opinion of the numbei of the Scottish nation, that should be likely to plant
way to
this naturalization
which,
suppose, you
will not find to be so great as they have been made ; but that much dross is put into the balance
to help to
themselves here amongst us, will be found
to
be
make weight.
Secondly, an encounter against the remainder of these inconveniences which cannot properly be
a thing rather in conceit than in event; for, Mr. Speaker, you shall find those plausible similitudes,
if it be re and of sheep or cattle, that if they find a gap or passage cpen will leave the more barren pasture, and get into the more rich and plentiful, to be but arguments merely superficial, and to have no sound resem
of a tree that will thrive the better
answered, by much greater inconveniences, which we shall incur if we do not proceed to this natu
ralization.
moved
into the
more fruitful
soil
Thirdly, an encounter likewise, but of another nature, that is, by the gain and benefit which we shall draw and purchase to ourselves by proceed
And yet, to avoid ing to this naturalization. confusion, which evermore followeth upon too
much
necessary for me, before I proceed to persuasion, to use some distribution of the points or parts of naturalization, which
generality,
it is
families
blance with the transplanting or transferring of for the tree, we know, by nature, as ;
it,
:
it is set in the better ground, can fasten and take nutriment from it and a sheep, as soon as he gets into the better pasture, what But there should let him to graze and feed 1
soon as
upon
certainly can be no better, or none other, than the ancient distinction of "jus civitatis, jus suffragii vel
tribus,"
belongeth more,
and
"
"jus
petitionis
et
sive.
honoor
I take it, to a family or particular person, that shall remove from one nation to an other: for if, Mr. Speaker, they have not stock,
rum
:"
for all
private
ability interest of
;
and capacity
is
either of
meum
tuum,"
of
public service
the
first
and the public consisteth chiefly
either in voice, or in action, or office.
Now
it is
of these, Mr. Speaker, that I will only handle at this time and in this place, and refer
means, acquaintance, and custom, habitation, trades, countenance, and the like, I hope you doubt not hut they will starve in the midst of the rich pasture, and are far enough off from grazing and therefore, in tins point, at their pleasure
:
which
guide
;
the other two for a committee, because receive more distinction and restriction.
they
al
conjectural, experience is the best for the time past is a pattern of the time to
is
1
come.
but
his
think no
man
first
doubteth, Mr. Speaker,
To come
therefore to the
inconveniences
majesty
coming
in
was
as
th
152
Now
tain a far greater quantity of people, if they were mustered by the poll; neither can I see, that tins
greatest spring-tide for the confluence and en trance of that nation. I would fain under
stand, in these four years space, and in the ness and strength of the current and tide,
ful
kingdom
parts
in
is
so
much
inferior unto those fun-i^n
how
for
fruitfulness,
as
it
is
in
population;
many
cities,
I
families of
Scotchmen
are planted in the
boroughs, and towns of this kingdom;
which makes me conceive we have not our full charge. Besides, I do see manifestly amongst us
the badges and tokens rather of scarceness, than of press of people, as drowned grounds, com
do assure myself, that, more than some persons of quality about his majesty s person here at court,
and
in
inferior persons, mons, wastes, and the like, which is a plain dependence upon them, the return and demonstration, that howsoever there may be an certificate, if such a survey should be made, over-swelling throng and press of people here would be of a number extremely small I report about London, which is most in our eye, yet the
London, and some other
that have a
me
your private knowledges of the places body of the kingdom is but thin sown with inhabit. people; and whosoever shall compare the ruins Mr. Speaker, as I said, Si in ligno viridi and decays of ancient towns in this realm, with Now, ita fit, quid fiet in arido I am sure there will the erections and augmentations of new, cannot be no more such spring-tides. But you will tell but judge that this realm hath been far better me of a multitude of families of the Scottish nation peopled in former times ; it may be, in the heptar in Polonia; and if they multiply in a country so chy, or otherwise for generally the rule holdeth,
to all
where you
"
?"
far off,
how much more

special
here at hand
For
that,
Mr. Speaker, you must impute
some
how many of us serve here in this place your eyes, that in Germany, which is much nearer, for desolate and decayed boroughs. and in France, where they are invited with privi Again, Mr. Speaker, whosoever looketh into the leges, and with this very privilege of naturaliza principles of estate, must hold that it is the meso as it diterrarie countries, and not the maritime, which tion, yet no such number can be found cannot either be nearness of place, or privilege need to fear surcharge of people; for all sea pro of person, that is the cause. But shall I tell you, vinces, and especially islands, have another ele Mr. Speaker, what I think? Of all the places in ment besides the earth and soil, for their sustenthe world, near or far off, they will never take tation. For what an infinite number of people are that course of life in this kingdom, which they and may be sustained by fishing, carriage by sea, content themselves with in Poland for we see it and merchandising? Wherein again I do dis to be the nature of all men, that they will rather cover, that we are not at all pinched by the mul
draws them thither
: ;
it of necessity to accident of time and place that : for you see plainly before brance
"
the smaller the state the greater the population pro rata." And whether this be true or no, we need not seek farther, than to call to our remem
discover poverty abroad, than at home. There is titude of people ; for if we were, it were not pos never a gentleman that hath overreached himself sible that we should relinquish and resign such in expense, and thereby must abate his counte an infinite benefit of fishing to the Flemings, as
nance, but he will rather travel, and do it abroad it is well known we do. And therefore I see, than at home and we know well they have good that we have wastes by sea, as well as by land ; high stomachs, and have ever stood in some which still is an infallible argument that our terms of emulation with us and therefore they industry is not awakened to seek maintenance by will never live here, except they can live in good any over-great press or charge of people. And, So as I assure you, Mr. Speaker, I am lastly, Mr. Speaker, there was never any kingdom fashion. of opinion that the strife which we now have to in the ages of the world had, I think, so fair and admit them, will have like sequel as that conten happy means to issue and discharge the multitude
:
:
tion
had between the nobility and people of Rome of their people,
if it
were too great, as
this
kingdom
for the admitting of a plebeian consul; which whilst it was in passage was very vehement, and
dom
hath, in regard of that desolate and wasted king of Ireland ; which being a country blessed
all
mightly stood upon, and when the people had obtained it, they never made any plebeian consul, not in sixty years after and so will this be for many years, as I am persuaded, rather a matter in opinion and leputation, than in use or effect. And this is the first answer that I give to this main inconve nience pretended, of surcharge of people. The second answer which I give to this objection, is this I must have leave to doubt, Mr. Speaker, that this realm of England is not yet peopled to
:
:
with almost
the dowries of nature, as rivers,
havens, woods, quarries, good soil, and temperate climate, and now at last under his majesty blessed
also with obedience, doth, as it were, continually call unto us for our colonies and plantations. And so I conclude my second answer to this pre
tended inconvenience, of surcharge of people. The third answer, Mr. Speaker, which I give, I demand what is the worst effect that is this
:
can follow of surcharge of people? Look into all the full ; for certain it is, that the territories of stories, and you shall find it none other than some France, Italy, Flanders, and some part of Ger honourable warfor the enlargementoftheirbordera. many, do in equal space of ground bear and con which find themselves pent, upon foreign parts ;
or
which
i
i.i:\i.i; \i,
NATURALIZATION.
sit!"
153
ir.-iiiiveni -nee,
I
in a
aliou,
kni)W not whether
/alonms and warlike I should term an in
convenience or no;
though
patria."
It
an exiled
fur thu saying is most true, another sense, "Onine, solum forti was sjioken indeed of the patience of man, but it is no less true of the valour
And, then-fore, certainly, Mr. Spraki r, the bond of law is the ni"iv speei.il and privite bond, and the hond of naturalization the more n.r. and general; for the laws are rather f.gura than "forma/ and rather reipublica:" peifeetion than bonds of entireness and then
r.>n
"
f<-re
of a warlike nation.
1
And
it
hope
may speak
certainly, Mr. Speaker, without ortence, that it we
did hold ourselves worthy, whensoever just cause should he given, either to recover our ancient
experience of our own government, that, in the kingdom of Ireland, all our statute laws, since Poyning s laws, are not in force; and
we
see in
the,
yet
we deny them
not the benefit of naturaliza
Guernsey and Jersey and the Isle of Man, our common laws are not in force, and yet they have the benefit of naturalization; neither need any man doubt but that our laws and customs nust in sjnall time gather and win upon theirs; here is the seat of the kingdom, whence come reckonings fitter a great deal for private persons than for parliaments and kingdoms. And thus, the supreme directions of estate: here is the king s Mr. Speaker, I have this first objection to such person and example, of which the verse saith, satisfaction as you have heard. Regis ad exemplum totus componitur orbis."
revenge our late wrongs, or to attain the honour of our ancestors, or to enlarge the pa trimony of our posterity, we would never in this manner forgot considerations of amplitude and greatness, and fall at variance about profit and
rights, or to
;
tion. In
x>r
The second objection is, that the fundamental laws of both these kingdoms of England and Scotland are yet diverse and several ; nay, more,
therefore it is not possible, although not by solemn and formal act of estates, yet by the secret operation of no long time, but they will come dulcis tractus that it is declared by the instrument, that they under the yoke of our laws, and so And this is the answer I give to the shall so continue, and that there is no intent in pari jugo." his majesty to make innovation in them and second objection. The third objection is, some inequality in the therefore that it should not be seasonable to pro ceed to this naturalization, whereby to endow fortunes of these two nations, England and Scot them with our rights and privileges, except they land, by the commixture whereof there may ensue should likewise receive and submit themselves to advantage to them and loss to us. Wherein, Mr. our laws; and this objection likewise, Mr. Speaker, it is well that this difference or disparity Speaker, I allow to be a weighty objection, and consisteth but in the external goods of fortune for indeed it must be confessed, that for the goods worthy to be well answered and discussed. The answer which I shall offer is this It is of the mind and the body, they are alteri nos," for my own part, Mr. Speaker, that I wish other ourselves; for, to do them but right, we true, the Scottish nation governed by our laws for I know in their capacities and understandings they hold our laws with some reducement worthy to are a people ingenious, in labour industrious, in govern, and it were the world but this is that courage valiant, in body hard, active, and comely. which I say, and I desire therein your attention, More might be said, hut in commending them we do but in effect commend ourselves: for they are that, according to true reason of estate, naturaliza tion is in order first and precedent to union of of one piece and continent with us; and the truth in degree a less matter than union of laws; is, we are participant both of their virtues and laws; and in nature separable, not inseparable from vices. For if they have been noted to be a people union of laws; for naturalization doth but take not so tractable in government, we cannot, with out the marks of a foreigner, but union of laws out flattering ourselves, free ourselves altogether makes them entirely as ourselves. Naturaliza from that fault, being a thing indeed incident to tion taketh away separation; but union of laws all martial people; as we see it evident by the doth take away distinction. Do we not see, Mr. example of the Romans and others ; even like unto Speaker, that in the administration of the world fierce horses, that though they be of better service under the great monarch, God himself, that his than others, yet are they harder to guide and laws are diverse; one law in spirits, another in manage. But for this objection, Mr. Speaker, I purpose bodies; one law in regions celestial, another in elementary; and yet the creatures are all one to answer it, not by the authority of Scriptures, mass or lump, without any "vacuum" or separa which saith, Beatius est dare quam accipere," tion ? Do we not likewise see in the state of the but by an authority framed and derived from the church, that amongst people of all languages and judgment of ourselves and our ancestors in th; T~r, Mr. Speaker, .a lineages there is one communion of saints, and same case as to this point. that we r.re all fellow-citizens and naturalized of all the line of our kings none useth to carry the heavenly Jerusalem and yet, nevertheless, greater commendation than his majesty s noblo
"
And
"
"
divers and several ecclesiastical laws, policies, and hierarchies, according to the speech of tha
progenitor,
King Edward,
the
first
of that
name 4
worthy father, In veste varietas VOL. II.-20

"
sit,
and amongst his other commendations, both of scissura non war and policy, none is more celebrated than his
I
154
purpose and enterprise for the conquest of Scot- that is a friend. Unto such a person the law doth as not bending his designs to glorious impart a greater benefit and protection, that is, acquests abroad, but to solid strength at home; concerning things personal, transitory, and movewhich, nevertheless, if it had succeeded well, able, as goods and chattels, contracts, and the could not but have brought in all those inconve- like, but not concerning freehold and inheritance. niences of the commixture of a more opulent And the reason is, because he may be an ninny, kingdom with a less, that are now alleged. For though he be not; for the state under the obeisance
land,
it is
not the yoke, either of our laws or arms, that

alter the nature of the climate or the nature
;
of which he
is,
may
can
lity; and, therefore, as the
enter into quarrel and hostilaw hath but a transiit
neither is it the manner of the com- tory assurance of him, so mixture that can alter the matter of the commix- transitory benefits.
of the soil
rewards him but with
who having by charter and denization. To such a one the law doth impart yet a But a more full answer to this objection I refer more ample benefit; for it gives him power to over to that, which will come after, to be spoken purchase freehold and inheritance to his own use, and likewise enables the children born after his touching surety and greatness. The fourth objection, Mr. Speaker, is not pro denization to inherit. But yet nevertheless he an objection, but rather a pre-occupation of cannot make title or convey pedigree from any perly an objection of the other side; for it may be said, ancestor paramount; for the law thinks not good and very materially, Whereabout do we contend ? to make him in the same degree with a subject The benefit of naturalization is by the law, in as born, because he was once an alien, and so might many as have been or shall be born since his once have been an enemy and nemo subito majesty s coming to the crown, already settled fingitur," men s affections cannot be so settled by and invested. There is no more then but to any benefit, as when from their nativity they are ante-nati" into the bring the degree of the "post- inbred and inherent. that men grown that have well deserved, And the fourth degree, which is the perfect nati," be in no worse case than children which have degree, is of such a person as neither is enemy, may not deserved, and elder brothers in no worse case nor could have been enemy in time past, nor can than younger brothers ; so as we stand upon be enemy in time to come ; and therefore the law of naturalization. quiddam," not quantum," being but a little gives unto him the full benefit difference of time of one generation from another. Now, Mr. Speaker, if these be the true steps To this, Mr. Speaker, it is said by some, that the and paces of the law, no man can deny but who law is not so, but that the are aliens soever is born under the king s obedience, never post-nati" as well as the rest. A point that I mean not could in aliquo puncto temporis" be an enemy; much to argue, both because it hath been well a rebel he might be, but no enemy, and therefore spoken to by the gentleman that spoke last before in reason of law is naturalized. Nay, contrari me ; and because I do desire in this case and in wise, he is bound "jure nativitatis" to defend this
ture: and, therefore, Mr. Speaker, if it were good for us then, it is good for us now, and not to be prized the less because we paid not so dear for it.
The
third degree is of a subject,

alien, is
been an
made
free
"
"
"
"
"
"
law
to
this place to speak rather of conveniency than of ; only this I will say, that that opinion seems
me contrary to reason of law, contrary to form of pleading in law, and contrary to authority and experience of law. For reason of law, when I meditate of it, methinks the wisdom of the com
of England, well observed, is admirable in the distribution of the benefit and protection of the laws, according to the several conditions of
persons, in an excellent proportion. The degrees are four, but bipartite, two of aliens and two of
subjects.
kingdom of England against all invaders or rebels ; and, therefore, as he is obliged to the protection of arms, and that perpetually and universally, so he is to have the perpetual and universal benefit
and protection of law, which is naturalization. For form of pleading, it is true that hath been said, that if a man would plead another to be an alien, he must not only set forth negatively and privately, that he was born out of the obedience
of our sovereign lord the king, but affirmatively, under the obedience of a foreign king or state in
particular,
mon laws
which can never be done
in this case.
The
king
first
degree
is
or state, that is
into this
:
of an alien born under a an enemy. If such a one
As
all
for authority, I will not press it;
you know
what hath been published by
come
at his peril
kingdom without safe-conduct, it is the law giveth him no protection, neither for body, lands, nor goods; so as if he be
slain there is no
clamation.
in
And
the
subjects
the king s pro for experience of law we see it of Ireland, in the subjects of
party s suit,
:
Guernsey and Jersey, parcels of the duchy of remedy by any appeal at the Normandy in the subjects of Calais, whm it was although his wife were an English English, which was parcel of the crown of France.
|
woman marry at the king s suit, the case may be But, as I said, I am not willing to enter into an otherwise ir regard &f the offence to the peace. argument of law, but to hold myself to point of The second degree is of an alien that is born conveniency, so as for my part I hold all postjnder the faith and allegiance of a king or state nati" naturalized "ipso jure;" but yet I am far
"
chiefly in respect of that true principle of state, Principum actiones praecipue ad fainam sunt componendae."
t<>
155
from opinion, that have it ilmic by
it
should be a thing superfluous

;
"
]>arliaii.ent
ussnciatcs; which was the ruin of their state, never afterwards to be recovered. Of later times let me lead your consideration to behold the like events in the kingdom of Arragon ;
rest of
It will lift
up a sign
to all the
world of our love
tow.inls them, and
good agreement with them.
which kingdom was united with Castile and the Spain in the persons of Ferdinando and
it
And
these are, Mr. Speaker, the material objec tions which have been made on the other side,
Isabella,
so as
stood a
whereunto you have heard my answers; weigh the rest them in your wisdoms, and so I conclude that directly
general part.
and so continued many years ; but yet kingdom severed and divided from of the body of Spain in privileges, and
of inheritance.
in this point of naturalization, or capacity What came of this ? Thus much,
Now, Mr.
must
fill
Speaker, according as
promised,
that
now
of fresh
memory, not past twelve years
the other balance in expressing unto you the inconveniences which we shall incur, if we
shall not proceed to this naturalization
:
since, only upon the voice of a condemned man out of the grate of a prison towards the street, that
wherein cried "Fueros, Libertad, Libertad," which is as which above all others, and much as liberties or privileges, there was raised a alone by itself, if there were none other, doth dangerous rebellion, which was suppressed with exceedingly move me, and may move you, is a great difficulty with an army royal. After which position of estate, collected out of the records of victory nevertheless, to shun farther inconve that wheresoever several nience, their privileges were disannulled, and they time, which is this kingdoms or estates have been united in sove were incorporated with Castile and the rest of reignty, if that union hath not been fortified and Spain. Upon so small a spark, notwithstanding bound in with a farther union, and, namely, that so long continuance, were they ready to break and is now in which question, of naturalization, this sever again. hath followed, that at one time or other they have The like may be said of the states of Florence broken again, being upon all occasions apt to and Pisa, which city of Pisa being united unto revolt and relapse to the former separation. Florence, but not endowed with the benefit of Of this assertion the first example which I will naturalization, upon the first light of foreign set before you, is of that memorable union which assistance, by the expedition of Charles VIII. of was between the Romans and the Latins, which France into Italy, did revolt, though it be since continued from the battle at the lake of Regilla, again re-united and incorporated. fur many years, unto the The same effect we see in the most barbarous consulships of C. Plautius and L. Êmilius Mamercus.* At what time government, which shows it the rather to be an
that inconvenience,
:
there began, about this very point of naturaliza Bellum sociale," tion, that war which was called
ever the
being the most bloody and pernicious war that Roman state endured wherein, after numbers of battles and infinite sieges and surprises of towns, the Romans in the end prevailed and mastered the Latins ; but, as soon as ever they had the honour of the war, looking back into what perdition and confusion they were near to have been brought, they presently naturalized them all.
:
for it was thought a fit policy by ; the council of Constantinople, to retain the three provinces of Transylvania, Wallachia, and Molds
effect of nature
via,
which were as the very nurses of Constanti
nople, in respect of their provisions, to the end they might be the less wasted, only under way-
woods as vassals and homagers, and not under
You
speak of a naturalization in blood
bashaws, as provinces of the Turkish empirewhich policy we see by late experience proved unfortunate, as appeared by the revolt of the same there was three provinces, under the arms and conduct of
a naturalization indeed in blood.
Sigismond, Prince of Transylvania; a leader rery for a time; which revolt is not yet fully recovered. Whereas we seldom or never hear of Sparta, and the rest of Peloponnesus, their associ ates. The state of Sparta was a nice and jealous revolts of provinces incorporated to the Turkish state in this point of imparting naturalization to empire. their confederates. But what was the issue of itl On the other part, Mr. Speaker, because it is Aftrr they had held them in a kind of society and true what the logicians say, "Opposita juxta st, let us take a view, ana for divers years, upon the first occasion posita magis elucescunt amity given, which was no more than the surprisal of we shall find that wheresoever kingdoms and states the castle of Thebes, by certain desperate have been united, and that union corroborate, by conspi rators in the habit of maskers, there ensued imme the bond of mutual naturalization, you shall nevei diately a general revolt and defection of their observe them afterwards, upon any occasion of trouble or otherwise, to break and sever again at* 169 years after that battle. There are extant at this day we see most evidently before our eyes, in divern coins or inpikiN, in mory of a battle fmiRtit by this C. of France, that is to say, Guienne, PrnPlautius at Privernum Another hath T. JUanliu* provinces
Let
me
set before
you again the example of famous
:"
copy
of
and P. Deciut.
vence,
Normandy,
Britainy, which, notwith?tand-
156
irig
to
the infinite infesting troubles of that kingdom,
never offered
break again.
practices and other engines and machinations, to the disturbance of this state 1 As for that oilier
his majesty s
We
see the like effect in all the
kingdoms of inconvenience of
action,
it
engagement
to this
Spain, which are mutually naturalized, as Leon, Castile, Valentia, Andalusia, Granada, Murcia,
is
Toledo, Catalonia, and the rest, except Arragon, which held the contrary course, and therefore had
the contrary success, as was said, and Portugal, of which there is not yet sufficient trial. And, lastly, we see the like effect in our own nation,
spoken of, minds than
and
in
too binding and too pressing to be may do better a great deal in your
my
mouth, or in the mouth of any

I
man else
too far.
because, as
say,
it
doth press our liberty

1
And,
therefore,
Mr. Speaker,
come now
by
this
to the third general part of
my
division, concern
ing the benefits which
we
shall purchase
which never rent asunder after it was once united so as we now scarce know whether the heptarchy were a true story or a fable. And, therefore, Mr. Speaker, when I revolve with myself these
;
knitting of the knot surer and straiter between these two kingdoms, by tht communicating of
naturalization
:
the benefits
may appear
to
be two,
the one surety, the other greatness.
examples and others, so lively expressing the ne cessity of a naturalization to avoid a relapse into a separation ; and do hear so many arguments and
scruples made on the other side; it makes me think on the old bishop, which, upon a public dis
putation of certain Christian divines with some learned men of the heathen, did extremely press to be heard ; and they were loath to suffer him, because they knew he was unlearned, though other wise a holy and well-meaning man but at last, with much ado, he got to be heard ; and when he came to speak, instead of using argument, he did only say over his belief; but did it with such as surance and constancy, as it did strike the minds of those that heard him more than any argument had done. And so, Mr. Speaker, against all these witty and subtle arguments, I say, that I do believe, and I would be sorry to be found a prophet in it, that except we proceed with this
:
Touching surety, Mr. Speaker, it was well said by Titus Quintius the Roman, touching the state of Peloponnesus, that the tortoise is safe
within her shell, Testudo intra tegumen tuta but if there be any parts that lie open, est;" know well, that they endanger all the rest. although the state at this time be in a happy
We
peace, yet for the time past, the more enemy to this kingdom hath been the
ancient
and the more late the Spaniard ; had as it were their several postern gates, where by they might have approach and entrance to annoy us. France had Scotland, and Spain had Ireland ; for these were the two accesses which did comfort and encourage both these enemies to assail and trouble us. We see that of Scotland
is
French, and both these
that
cut off by the union of these two kingdoms, if it shall be now made constant and perma
naturalization, though perhaps not in his majesty s time, who hath such interest in both nations, yet
in the time of his
nent; that of Ireland is cut off likewise by the convenient situation of the west of Scotland towards the north of Ireland, where the sore was:
descendants these realms will be which

"
in
continual danger to divide and break again.
Now if any man be of that careless mind,

;"
Maneat now
or of that hard mind, to nostros ea cura nepotes leave things to be tried by the sharpest sword ; sure I am, he is not of St. Paul s opinion, who affirmeth, that
we see, being suddenly closed, hath con tinued closed by means of this salve ; so that a? there are no parts of this state exposed to danger to be a temptation to the ambition of
foreigners, but their approaches and avenues are
away for I do little doubt but those fo whosoever useth not foresight and reigners which had so little success when they had those advantages, will have much less com provision for his family, is worse than an un believer much more, if we shall not use foresight fort now that they be taken from them and so for these two kingdoms, that comprehend in them much for surety. so many families, but leave things open to the peril For greatness, Mr. Speaker, I think a man may of future divisions. And thus have I expressed speak it soberly and without bravery, that this
taken
: ;
:
unto you the inconvenience, which, of all others, kingdom of England, having Scotland united, sinketh deepest with me as the most weighty: Ireland reduced, the sea provinces of the Low neither do there want other inconveniences, Mr. Countries contracted, and shipping maintained, Speaker, the effects and influence whereof, I fear, is one of the greatest monarchies, in forces truly will not be adjourned to so long a day as this that esteemed, that hath been in the world. For cer I have spoken of: for I leave it to your wisdom to tainly the kingdoms here on earth have a resem consider whether you do not think, in case, by the blance with the kingdom of heaven, which our
denial of this naturalization, any pique, alienation, or unkindness, I do not say should be, but should he thought to be, or noised to be between these
Saviour compareth, not to any great kernel or

nut, but to a very small grain, yet such a one as
is apt to grow and spread ; and such do I take to two nation*, whether it will not quicken and excite be the constitution of this kingdom if indeed all the envious and malicious humours, whereso- we shall refer our counsels to greatness and ver, which are now covered, against us, either power, and not quench them too much with the For, Mr. foreign or at home ; and so open the way to consideration of utility and wealth.
;
ON GENERAL NATURALIZATION.
y<>u,
157
a tmr answer tli.it the battle near Granson, the rich jewel of BurSneaker, was it not, think Solon of Greece made to the rich King Croesus of gundy, prized at many thousands, was sold for a wlu ii hr showed unto him a great quan- few pence by a common Swiss, that knew no Lydia,
j
tity of gold that he had gathered together, in ostcr-.ution of his greatness and might? But Solon
said to him, contrary to his expectation, Why, sir, if another come that hath better iron than
"
you, he will
is
In;
lord of all
your
gold."
Neither
the authority of Machiavel to be despised, who ecorneth that proverb of state, taken first from a
"
more what a jewel meant than did ^tlsop s cock. And, again, the same nation, in revenge of a scorn, was the ruin of the French king s affairs in Italy, Lewis XII. For that king, when he was pressed somewhat rudely by an agent of the Switzers to raise their pensions, brake into words of choler
:
speech of Macianos, That moneys arc the sinews of war; and saith, There are no true sinews of lost him his duchy of Milan, and chased him out war, hut the very sinews of the arms of valiant of Italy. men." All which examples, Mr. Speaker, do well Nay more, Mr. Speaker, whosoever shall look prove Solon s opinion of the authority and mas into the seminaries and beginnings of the monar- tery that iron hath over gold. And, therefore, if I
1"
said he, "will these villains of the mountains put a tax upon me Which words
"
What,"
chies of the world,, he shall find them founded in
shall
poverty. Persia, a country barren and poor, in respect of
we
speak unto you mine own heart, methinks should a little disdain that the nation of Spain,
late
it
which howsoever of
hath grown to rule,
Media, which they subdued.
Macedon, a kingdom ignoble and mercenary until the time of Philip the son of Amyntas.
had poor and pastoral beginnings. The Turks, a band of Sarmatian Scythes, that
yet of ancient time served many ages; first under Carthage, then under Rome, after under Saracens,
Rome
Goths, and others, should of late years take unto themselves that spirit as to dream of a monarchy
in in the west, according to that device, "Video a vagabond manner made incursion upon that part solem orientem in occidente," only because they of Asia, which is yet called Turcomania ; out of have ravished from some wild and unarmed which, after much variety of fortune, sprung the people mines and store of gold ; and on the other Ottoman family, now the terror of the world. side, that this island of Britain, seated and
So, we know, the Goths, Vandals, Alans, manned as it Huns, Lombards, Normans, and the rest of the tion, the best
is, and that hath, I make no ques iron in the world, that is, the best
northern people, in one age of the world made their descent or expedition upon the Roman empire,
soldiers in the world, shall think of nothing but
reckonings and audits, and "meum et tuum," and came not, as rovers, to carry away prey, and I cannot tell what. and be gone again ; but planted themselves in a Mr. Speaker, I have, I take it, gone through number of rich and fruitful provinces, where not the parts which I propounded to myself, wherein only their generations, but their names, remain if any man shall think that I have sung a pla to this day; witness Lombardy, Catalonia, a cebo," for mine ow n particular, I would have name compounded of Goth and Alan, Andalusia, him know that I am not so unseen in the world, a name corrupted from Vandalitia, Hungaria, but that I discern it were much alike for my pri vate fortune to rest a tacebo," as to sing a "pla Normandy, and others. have spoken out Nay, the fortune of the Swisses of late years, cebo" in this business hut which are bred in a barren and mountainous of the fountain of my heart, Credidi propter I believed, therefore I spake. country, is not to be forgotten ; who first ruined quod locutus sum the Duke of Burgundy, the same who had almost So as my duty Is performed: the judgment is
"
"
:"
ruined the kingdom of France, what time
after
|
yours
God
direct
it
for the best.
A
SIR
SPEECH
OSCD BT
BY OCCASION OF A MOTION CONCERNING THE UNION OF LAWS.
please you, Mr. Speaker, were it now a wish, as it is to advise, no man should he more forward or more earnest than myself in this
AND
it
pejores laquei,
fore this
to
quam
lime
to
work
it,
esteem
I
And there laquei legum." to be indeed a work, rightly

So
that for this good
full;
term
heroical.
wish, that his majesty s subjects of England and Scotland were governed by one law and that for
:
of union of laws
think you
that I
do consent to the
wish and I
may
I
many
reasons.
come
perceive by that which I have said, not in this to the opinion of others,
settled
First,
Because
it
will
bean
infallible
assurance
but that
was long ago
in
it
myself:
that there will never be any relapse in succeeding
a separation. ages Dulcis tractus pari Secondly,

to
"
nevertheless, as this is moved out of zeal, so I take it to be moved out of time, as commonly zealous
If the motions are, while men are so fast carried on to jugo." draught lie most upon us, and the yoke lie lightest the end, as they give no attention to the mean : for if it be time to talk of this now, it is either on them, it is not equal. Thirdly, The qualities, and, as I may term it, the because the business now in hand cannot proceed elements of their laws and ours are such, as do without it, or because in time and order this matter promise an excellent temperature in the com should be precedent, or because we shall lose some pounded body for if the prerogative here be too advantage towards this effect so much desired, if But indefinite, it may be the liberty there is too we should go on in the course we are about. unbounded ; if our laws and proceedings be too none of these three in my judgment are true ; and prolix and formal, it may be theirs are too informal therefore the motion, as I said, unreasonable. and summary. For, first, That there may not be a naturalization Fourthly, I do discern to my understanding, without a union in laws, cannot be maintained. there will be no great difficulty in this work; for Look into the example of the church aflB the union You shall see several churches, that join their laws, by that I can learn, compared with thereof. ours, are like their language compared with in one faith, one baptism, which are the points of ours for as their language hath the same roots spiritual naturalization, do many times in policy, that ours hath, but hath a little more mixture of constitutions, and customs differ ; and therefore Latin and French; so their laws and customs one of the fathers made an excellent observation have the like grounds that ours have, with a upon the two mysteries ; the one, that in the little more mixture of the civil Jaw and French gospel, where the garment of Christ is said to have been without seam ; the other, that in the customs. Lastly, The mean to this work seemeth to me psalm, where the garment of the queen is said to if both have been of divers colours; and concludeth, no less excellent than the work itself: for So in In veste varietas sit, scissura non laws shall be united, it is of necessity for prepara tion and inducement thereunto, that our own laws this case, Mr. Speaker, we are now in hand to be reviewed and recompiled ; than the which I make this monarchy of one piece, and not of one
: :
"
sit."
think there cannot be a work, that his majesty can undertake in these his times of peace, more beneficial to politic, more honourable, nor more
his subjects for all ages : Pace data terris, animum ad civilia vertit Juraauum, legesque tulit justissimus auctor.
Look again into the examples of foreign countries, and take that next us of France, and there you shall find that they have this distribution, du droit escrit," and "pais du droit "pais
colour.
coustumier."
For Gascoigne, Languedoc, Pro

:
For
this continual
heaping up of laws without
vence, Dauphiny, are countries governed by the but the Isle of letter, or text of the civil law
digesting them, maketh but a chaos and confusion, and turneth the laws many times to become but snares for the people, as is said in the Scripture,
Pluct super eos
laqueos."
Now
"
Non
sunt
France, Tourain, Berry, Anjou, and the rest, and most of all Britainy and Normandy are governed by customs, which amount to a municipal law, and use the civil law but only for grounds, and to
153
OF Tin: r.Mo.N OF LAWS.

new and
rare cases;
159
and yet nevertheless make all things ready for our lawsl And, lastly, the naturalr/,, HI., n, which is now propound. is naturalisation p.isscth through all. Secondly, That tliis union of laws should pre (|u.ilili -d with such restrictions as there will be cede the naturalization, or that it should go on enough kept back to be used at all lir.ies for an hand in hand, I suppose likt wi-.e, adamant of drawing them farther on to our dr>ires. "pari pasaii," can lianlly be maintained but the contrary, that And therefore to conclude, I hold this motion of naturalization ought to precede, and that not in union of laws very worthy, arid arising from very tnc precedence of an instant; but in distance of good minds; but yet not proper for this time.
<i,
time
of which
my
opinion, as
all this is
I
could yield
many
To come
therefore to that,
which
is
now
in
reasons, so because
to
therefore ought to be short,
but a digression, and will hold myself now
question, it is no more but whether there should be a difference made, in this privilege of naturali
one, which is briefly and plainly this; that the union of laws will ask a great time to be the pass pertri-ted, both for the compiling and for
only
between the ante-nati" and the postnot in point of law, for that will otherwise be decided, but only in point of convenience; as
zation,
nati,"
"
"
During all which time, if this mark of strangers should be denied to be taken away, I fear it may induce such a habit of strangeness, as will rather be an impediment than a preparation
ing of them.
to father proceeding: for he
law were now to be made "de novo." In which question I will at this time only answei two objections, and use two arguments, and sc
if a
leave
it
to
was a wise man

"
that
The
first
your judgment. objection hath been, that
if
a difference
magnis conatibus transitus should be, it ought to be in favour of the "antenon progredi, est nati," because they are persons of merit, service, rerum," and in these cases, And like as in a pair of tables, you and proof; whereas the post-nati" are infants, regredi." must put out the former writing before you can that, as the Scripture saith, know not the right put in new; and again, that which you write in, hand from the left. This were good reason, Mr. Speaker, if the you write letter by letter; but that which you put so we have now to deal question were of naturalizing some particular per out, you put out at once with the tables of men s hearts, wherein it is in sons by a private bill; but it hath no proportion
said,
"Opportuni
"
vain to think you can enter the willing acceptance of our laws and customs, except you first put forth all notes either of hostility or foreign condition
:
with the general case;
for
now we
are not to look

to those
to respects that are proper to which are common to all.

it
some, but
then,
Now
how can
and these are
to
be put out
"
simul et
semel,"
at
be imagined, but that those which took their
once without gradations; whereas the other points are to be imprinted and engraven distinctly and
by degrees. Thirdly, Whereas it is conceived by some, that the communication of our benefits and privileges is a good hold that we have over them to draw
first breath, since this happy union, inherent in his majesty s person, must be more assured and affectionate to this kingdom, than those generally
can be presumed to be, which were sometimes the con strangers ? for "Nemo subito fingitur versions of minds are not so swift as the conver them to submit themselves to our laws, it is an sions of times. Nay, in effects of grace, which argument of some probability, but yet to be exceed far the effects of nature, we see St. Paul answered many ways. For, first, the intent is makes a difference between those he calls Neo mistaken, which is not, as I conceive it, to draw phytes, that is, newly grafted into Christianity, them wholly to a subjection to our laws, but to and those that are brought up in the faith. And
:"
one uniformity of law. so we see by the laws of the Church that the should be a kind of children of Christians shall be baptized in regard articulate and indented contract, that they should of the faith of their parents: but the child of an receive our laws to obtain our privileges, it is a ethnic may not receive baptism till he be able to matter in reason of estate not to be expected, make an understanding profession of his faith. Another objection hath been made, that we being that which scarcely a private man will acknowledge, if it come to that whereof Seneca ought to be more provident and reserved to restrain Beneficium accipere est libertatem the than the ante-nati because speaketh, post-nati" vendere." No, but courses of estate do describe during his majesty s time, being a prince of so and delineate another way, which is, to win them approved wisdom and judgment, we need no bet for we see in all ter caution than the confidence we may repose in either by benefit or by custom creatures that men do feed them first, and reclaim him ; but in the future reigns of succeeding ages, them after. And so in the first institution of king our caution must be in and not in per
draw both nations

Again,
to
to think that there
"
"
"
;"
"
"
re"
doms, kings did first win people by many benefits sona." and protections, before they pressed any yoke. But, Mr. Speaker, to this I answer, that as we Ami for custom, which the poet calls "imponere cannot expect a prince hereafter less like to err in who doubts but that the seat of the respect of his judgment; so, again, we cannot morein kingdom, and the example of the king resting here expect a prince so like to exceed, if I may so term with us, our manners will quickly be there, to it, in this point of beneficence to that nation, in
;"
,
160
respect of the occasion.
OF THE UNION OF LAWS.

For whereas
all
princes
doth put the

in
"ante-natus"
and the
"
post-natns
and
all
men
are
won
tion, there is no majesty s descendants can have either of these causes of bounty towards that nation in so ample degree as his majesty hath. And these be the two objections, which seemed to me most mate should be left free, and rial, why the post-nati" not to be concluded in the same restrictions with whereunto you have heard the the ante-nati
"
"
either by merit or conversa appearance, that any of his
one degree. 15ut, when it \v;\s moved 1o the parliament of England, Barones una voce respon"
derunt,
Nolumus
leges Anglise mutan

"
."
And
;inti-n;i!i" though it must be confessed that the and "posl-nati" are in the same degree in digni fur no ties; yet were they never so in abilities man doubts, but the son of an earl or baron, before
:
;"
his creation or call, shall inherit the dignity, as well as the son born after. But the son ,f an
(
answers.
The two
reasons,
which
:
will use on the other
attainted person, born before the attainder, .shall not inherit, as the after-born shall, notwithstand
the one being a reason of common sense; the other, a reason of estate. see, Mr. Speaker, the time of the nativity
side, are briefly these
ing charter of pardon. The reason of estate

the
"
is,
that
any
restriction of
We
ante-nati" is
;
most cases principally regarded. In nature, the time of planting and setting is chiefly ob served ; and we see the astrologers pretend to iudge of the fortune of the party by the time of
is in
this generation
nati"
temporary, and expireth with but if you make it in the "postin substance
also,
you do but
pen a perpe
In laws, we may not unfitly apply the nativity. the case of legitimation to the case of naturaliza
tion
;
tuity of separation. Mr. Speaker, in this point I have been short, because I little expected this doubt, as to point of convenience; and therefore will not much labour,
I
for
it is
true that the
common canon law where
suppose there
is
no greater opposition.
A PREPARATION
THE UNION OF THE LAWS

ENGLAND AND SCOTLAND.
YOUR
majesty s desire of proceeding towards
ference of this
for
the union of this whole island of Great Britain under one law, is, as far as I am capable to make
we
see in
law carrieth no mark of separation any one kingdom, which is most at

customs
:
unity in itself, there is diversity of
for
"
any opinion of so great a cause, very agreeable
to
policy and justice. To policy, because it is one of the best assurances, as human events can be
assured, that there will be never any relapse in To justice, any future ages to a separation. because "dulcis tractus pari jugo:" it is reason
the guiding of property and private rights veste varietas sit, scissura non sit." All
in
the
labour
is
to
be spent in the other part; though
able that communication of privilege draw on This communication of discipline and rule.
perhaps not in all the other part ; for, it may be, your majesty, in your high wisdom, will discern that even in that part there will not be requisite a And although such conformity in all points.
conformity were to be wished, yet, perchance
it
work being of greatness and difficulty, needeth will be scarcely possible in many points to pass not to embrace any greater compass of design- them for the present by assent of parliament. ment, than is necessary to your majesty s main But because we, that serve your majesty in the
I consider, therefore, that it end and intention. is a true and received division of law into "jus and "privatum," the one being the publicum" sinews of property, and the other of government; that which concerneth private interest of for in my simple opinion, it "meum" and "tuum, is not at this time to be meddled with ; men love to hold tneir own as they have held, and the dif
service of our skill and profession, cannot judge what your majesty, upon reason of state, will
leave and take

near as
I, for
therefore
it is fit
for
us to give, as
we
my
can, a general information: wherein, to one part, think good to hold myself
of the parallels, I mean that of the English laws. For, although I have read, and read with delight, the Scottish statutes, and some other collection of
or
their
TIII-:
r.MON OF LAWS.
161
laws
tin-in
with delight. I say, partly to SIM- their .ml propriety of speech, and partly to see mini- so near to mir laws yet, I am unwill
; ;
ing
leave
to put sickle in another s harvest, hut to it to the lawyers of the Seottish nation; the
my
When; a man doth violate the king s eldest daughter unmarried, it is treason. Where a man doth violate the wife of the king s eldest son and heir, it is treason.
Where
Where
man
doth levy war against the king

treason.
is
imagine with mys. If that if a Scottish lawyer should undertake, hy reading of the Knijlish statutes, or other our hooks of law, to
rather, hecaiise
I
and his realm,

a
it is
man
adherent to the king
ene
down positively in articles what the law of England were, he might oftentimes err: and the like errors, I make account, I might incur in
set
mies, giving them aid and comfort, it is treason. Where a man counterfeited the king s great
seal,
it is
treason.
Where
seal,
it is
a a
man man
counterfeited the king s privy
And, therefore, as I take it, the right way is, that the lawyers of either nation do set down in hrief articles what the law is of their nation,
theirs.
treason.
Where
signet,
counterfeited the king s privy
it is
treason.
book of two columns, either Where a man doth counterfeit the king s sign having the two laws placed respectively, to be manual, it is treason. offered to your majesty, that your Where a man counterfeits the king s money, it majesty may by a ready view see the diversities, and so judge of is treason. the reduction, or leave it as it is. Where a man bringeth into the realm false
and then
after,
"Jus
puhlicum"
will
fittest
for the present purpose,
divide, as I hold it into four parts.
money, counterfeited
I
to the likeness of the coin
The
first,
concerning criminal causes, which with
us are truly accounted "publici juris," because both the prejudice and the prosecution principally
pertain
to
of England, with intent to merchandise or make payment therewith, and knowing it to be false, it is treason.
Where a man counterfeiteth any foreign coin cur

rent in
this realm, it is treason. doth bring in foreign money, being current within the realm, the same being false and counterfeit, with intent to utter it, and
the
crown and public
estate.
The
payment within
a
second, concerning the causes of the church.
Where
man
The
third, concerning magistrates, officers, and courts: wherein falleth the consideration of your
majesty s regal prerogative, whereof the rest are hut streams. And the fourth, concerning certain
special and
do"
knowing
the
same
to
be
false, it is treason.
Where a man doth clip, wash, round, or file politic laws, usages, and constitutions, any of the king s money, or any foreign coin that the public peace, strength, and current by proclamation, for gain s sake, it is import wealth of the kingdom. In which part I do com treason.
Where a man doth any ways impair, diminish, prehend not only constant ordinances of law, but likewise forms of administration of law, such as falsify, scale, or lighten the king s money, or any are the commissions of the peace, the visitations foreign moneys current by proclamation, it is of the provinces by the judges of the circuits, and treason. the like. For these, in my opinion, for the purWhere a man killeth the chancellor, being in
pose now in hand, deserve a special observation, his place and doing his office, it is treason. because they being matters of that temporary Where a man killeth the treasurer, being in his nature, as they may be altered, as I suppose, in place and doing his office, it is treason. either kingdom, without parliament, as to Where a man killeth the king s justice in eyre, your majesty s wisdom may seem best ; it may be the being in his place and doing his office, it is most profitable and ready part of this labour will treason. consist in the introducing of some Where a man killeth the king s justice of uniformity in them. assize, being in his place and doing his office, it To begin therefore with capital crimes, and, is treason. Where a man killeth the king s justice of Oyer first, that of treason.
CASES OP TREASON.
and Terminer, being

office, it is treason.
in his place
and doing his
Where
is
man
doth compass or imagine the

if it
Where
man
doth persuade or withdraw any
death of the king,

treason.
appear by any overt
act,
it
of the king s subjects from his obedience, or from

the religion by his majesty established, with in tent to withdraw him from the king s obedience,
it is
Where
act,
it is
man
doth compass or imagine the

s wife, if it
death of the king

treason.
appear by any overt
treason.
Where a man is absolved, reconciled, or with doth compass or imagine the drawn from his obedience to the king, or promisdeath of the king s eldest son and heir, if it appear eth his obedience to any foreign power, it is treason. by any overt act, it is treason.
Where a man
Where
treason.
man
21
doth violate the king
s wife, it is
Where any
since the
first
Jesuit, or other priest
ordained
Eliz*-
year of the reign of
Queen
VOL
II.

heth,
shall
come
it is
into, or
this realm,
tieason.
Where any person being brought up
lemain in any part of he was of good memory at the time of his exa mination and confession, the court may proceed in a col to judgment without calling or arraigning the
party.
lege of Jesuits, or seminary, shall not return
within six months after proclamation made, and In treason, the death of the party before convic within two days after his return submit himself tion discharged! all proceeding and forfeitures. to take the oath of supremacy, if otherwise he do In treason, if the party be once acquitted, he shall not be brought in question again for the return, or be within the realm, it is treason.
Where
man
thority of j or execute
"risdiction
doth affirm or maintain any au spiritual, or doth put in use

for the
same
fact.
any thing
advancement
or set
statute of
In treason, no new case, not expressed in the 25 Ed. III., nor made treason by any
ting forth thereof, such offence, the committed, is treason.
third
time
special statute since, ought to be judged treason, without consulting with the parliament.
Where a man refuseth to take the oath of su In treason, there can be no prosecution but at premacy, being tendered by the bishop of the the king s suit, and the king s pardon dischargeth. In treason, the king cannot grant over to any diocese, if he be an ecclesiastical person ; or by commission out of the chancery, if he be a tempo subject power and authority to pardon it. ral person ; such offence the second time is treason. In treason, a trial of a peer of the kingdom is Where a man committed for treason doth vo to be by special commission before the lord high luntarily break prison, it is treason. steward, and those that pass upon him to be none
Where
committed
son,
it
a jailor doth voluntarily permit a man for treason to escape, it is treason.

procureth or consenteth to a trea
relieveth or comforteth a traitor, treason.
Where a man
is
: and the proceeding is with great so lemnity, the lord steward sitting under a cloth of estate with a white rod of justice in his hand :
but peers
and the peers may confer together, but are not any ways shut up and are demanded by the lord steward their voices one by one, and the plurality knowing of voices carrieth it. In treason, it hath been an The punishment, trial, and proceedings, in cases of ancient use and favour from the kings of this treason. realm to pardon the execution of hanging, draw In treason, the corporal punishment is by ing, and quartering; and to make warrant for drawing on a hurdle from the place of the prison to their beheading. the place of execution, and by hanging and being The proceeding in case of treason with a com cut down alive, bowelling, and quartering and mon subject is in the king s bench, or by com in women by burning. mission of Oyer and Terminer.
treason.
Where
man
it, it is
In treason there ensueth a corruption of blood
ascending and descending. In treason, lands and goods are forfeited, and inheritances, as well entailed as fee simple, and the profits of estates for life.
in the line
MISPRISION OF TREASON.
Cases of misprision of treason.
In treason, the escheats go to the king, and not to the lord of the fee. In treason, the lands forfeited shall be in
the,
Where a man concealeth high treason only, without any comforting or abetting, it is n.isprision of treason.
king
possession without office. In treason there be no accessaries, but

s actual
all
are
Where a man counterfeiteth any foreign coin of gold or silver not current in the realm, it is mis prision of treason.
The punishment,
trial,
principals.
In treason, no benefit of clergy, or sanctuary, or peremptory challenge. In treason, if the party stand mute, yet never
theless
and proceeding, in
cases of
misprision of treason.
judgment and attainder one as upon verdict.
shall proceed all
The punishment of misprision of treason is by perpetual imprisonment, loss of the issues of their lands during life, and loss of goods and chattels.
In treason, bail is not permitted. The proceeding and trial is, as in cases of In treason, no counsel is to be allowed to the treason. In misprision of treason, bail is not admitted. party. In treason, no witness shall be received upon oath for the party s justification PETIT TREASON. In treason, if the fact be committed beyond the
seas, yet it maybe tried in any country king will award his commission.
where the
Cases of petit treason.
Where
Where
treason.
the servant killeth the master, the wife killeth her husband,
it
is
petit
In treason,
nae,"
if the
party be
"
non sanae memo- treason.

it is
the king s counsel, and that
yet if he bid formerly confessed it before it be certified that
petii

a spiritual man killeth his prelate, to is subordinate, and oweth faith and obedience, it is jirtit treason.
163
it
Where
wen
once before convicted of the like offence,

a
whom
he
8 felony.
Where
man
useth the craft of multiplication

it is
Where
the son killrth the father or mother,
it
hath been questioned whether it be petit treason, and the late experience and opinion seemeth to \veiirh to the contrary, though against law and
reason, in
of gold or silver, it is felony. Where a man committeth rape,
felony.
Where a man
:HT will, not
away a woman against claiming her as his ward or bond

taketh
rnarrieth again, her or his
my
judgment.
trial,
woman, it is felony. Where any person

cases
<*f
The punishment,
and proceeding in
petit treason.
former husband or wife being alive, it is felony. Where a man committeth buggery with man or
beast,
it is
In petit treason, the corporal punishment is by drawing on a hurdle, and hanging, and in a
felony.
Where any persons above
the
number of
woman, burning.
In petit treason, the forfeiture is the same with the case of felony. In petit treason, all accessaries are but in case of felony.
twelve, shall assemble themselves with intent to put down enclosures, or bring down the prices of victuals, &c., and do not depart after proclamation,
t is
felony.
"
KELONY.
Cases offelony.
shall use any words to encourage draw any people together, ut supra," and they do assemble accordingly, and do not depart
r
Where man
after proclamation,
is,
it
is
felony.
Where
man
committeth murder, that
ho
is,
micide of prepensed malice, it is felony. Where a man committeth manslaughter, that
being the king s sworn servant, conspireth to murder any lord of the realm or any
a of the privy council,
it is
Where
man
felony.
homicide of sudden heat, and not of malice pre Where a soldier hath taken any parcel of the pensed, it is felony. king s wages, and departeth without license, it is Where a man committeth burglary, that is, felony. Where a man receiveth a seminary priest, breaking of a house with an intent to commit felony, it is felony. knowing him to be such a priest, it is felony. Where a man rideth armed, with a felonious Where a recusant, which is a seducer, and per intent, it is felony. suader, and inciter of the king s subjects against man doth maliciously and feloniously the king s authority in ecclesiastical causes, or a Where a burn a house, it is felony. persuader of conventicles, &c., shall refuse to Where a man doth maliciously and feloniously abjure the realm, it is felony. burn corn upon the ground or in stacks, it is Where vagabonds be found in the realm, calling themselves Egyptians, it is felony. felony. Where a man doth maliciously cut out an Where a purveyor taketh without warrant, or otherwise doth offend against certain special laws, other s tongue, or put out his eyes, it is felony.
Where a man robbeth or stealeth, away another man s goods, above
that
is,
taketh
it is
felony.
the value of
twelve pence, out of his possession, with an intent to conceal it, it is felony.
Where a man hunteth in any forest, park, or warren by night or by day, with vizards or other disguisements, and is examined thereof and confact, it is felony.
Where
man
is
embezzleth or withdraweth any cealeth his
of the king s records at Westminster, whereby

reversed, it is felony. Where a man that hath custody of the king s armour, munition, or other habiliments of war,
Where
it is
a a
man
stealeth certain kinds of
hawks,
any judgment
felony.
Where
felony.
man committeth
time, having been
forgery the second once before convicted, it is
doth maliciously convey away the same, to the value of twenty shillings, it is felony. Where a servant hath goods of his master s delivered unto him, and goeth away with them,
it is
Where a man transporteth rams or sheep out of the king s dominions, the second tune, it is
felony.
felony.
Where
man
conjures, or invocates wicked
spirits, it is felony.
Where a man being imprisoned foi felony, breaks prison, it is felony. Where a man procureth or consenteth to a
felony to be committed, it is felony, him accessary before the fact.
ai
Where a man doth use or practise any manner of witchcraft, whereby any person shall be killed, wasted, or lamed in his body, it is felony. Where a man practiseth any witchcraft, to dis cover treasure hid, or to discover stolen goods, or
to provoke unlawful love, or to impair or hurt any man s cattle or goods, the second time, having
to
make
Where
knowing
man
thereof,
receiveth or relieveth a felon, to make him it is felony, as
accessary alter the fact.
Where a woman, by the constraint of her hus band, in his prefcnce, joineth with him in com-
164

In felony,
it
the party be non sanae memoriae," be after the fact, he cannot be tried nor adjudged, except it be in course of outlawry, The. punishment, trial, and proceeding in cases of and that is also erroneous. In felony, the death of the party before convic felony. tion dischargeth all proceeding and forfeitures. In felony, the corporal punishment is by In felony, if the party be oi*:e acquitted, or in hanging, and it is doubtful whether ihe king may peril of judgment of life lawfully, he shall never turn it into beheading in the case of a peer or be brought in question again for the same fact. other person of dignity, because in treason the In felony, the prosecution may be either at the off the head is part of the judgment, and striking king s suit by way of indictment, or the party s so the king pardoneth the rest: but in felony it is suit by way of appeal ; and if it be by way of no part of the judgment, and the king cannot alter appeal, the defendant shall have his counsel, and the execution of law ; yet precedents have been produce witnesses upon oath, as in civil causes. both ways. In felony, the king may grant hault justice to of blood, In felony, there followeth corruption a subject, with the regality of power to pardon it. it be in cases made sta felony by special except In felony, the trial of peers is all one as in case tutes, with a proviso that there shall be no cor of treason.
milling of felony, il is not felony, neilher as principal nor as accessary.
if
"
although
ruption of blood. In felony, lands in fee simple and goods are forfeited, but not lands entailed, and the profits
of estates for
feited
life
are likewise forfeited
And by
In felony, the proceedings are in the king s bench, or before commissioners of Oyer and Terminer, or of gaol delivery, and in some cases be
fore justices of peace.
some customs lands

;
in
fee
simple are not for
Cases o/Telonia de se, with the punishment, trial,

father to the bough, son to the plough;
The
and proceeding
In the
civil
therein.
as in Gavelkind in Kent, and other places. In felony, the escheats go to the lord of the fee, and not to the king, except he be lord : But the
profits of estates for lives, or in tail during the and the king life of tenant in tail, go to the king
:
law, and other laws, they make a difference of cases of" felonia de se for where a
:"
question upon any capital crime, and killeth himself to prevent the law, they give the same judgment in all points of forfeiture, as
if they had been attainted in their lifetime And on the other side, where a man killeth himself of sickness or the like, they do upon impatience not punish it at all but the law of England taketh it all in one degree, and punisheth it only with loss of goods to be forfeited to the king, who generally granteth them to his almoner, where they be not formerly granted unto special li
: :
man
is called in
hath likewise, in fee simple lands holden of com mon lords, annum, diem, et vastum." In felony, the lands are not in the king before
"
office, nor in the lord before entry or recovery in writ of escheat, or death of the party attainted. In felony, there can be no proceeding with the
accessary before there be a proceeding with the principal ; which principal if he die, or plead his
pardon, or have his clergy before attainder, the accessaries can never be dealt with.
berties.
In felony, if the party stand mute, and will not put himself upon his trial, or challenge peremp torily above the number that the law allows, he shall have judgment not of hanging, but of pe
OFFENCES OF PRjEMUNIRE.
Cases of Prxmunire.
purchaseth or accepteth any pro nance of pressing to death ; but then he saves his vision, that is, collation of any spiritual benefice and forfeits only his goods. or living, from the see of Rome, it is case of lands,
In felony, at the common law, the benefit of clergy or sanctuary was allowed ; but now by statutes it is taken away in most cases.
Where
man
man will purchase any process to draw any people of the king s allegiance out of In felony, bail may be admitted where the fact the realm, in plea, whereof the cognisance per is not notorious, and the person not of evil fame. tains to the king s court, and cometh not in person In felony, no counsel is to he allowed to the to answer his contempt in that behalf before the king and his council, or in his chancery, it is case party, no more than in treason.
In felony, no witness shall be received upon oath for the party s justification, no more than in treason.
In felony,
seas,
preemunire. Where a
of praemunire. Where a man doth sue in any court which is not the king s court, to defeat or impeach any
or
is
here
if the fact be committed beyond the judgment given in the king s court, and doth not upon the seas, super altum mare," appear to answer his contempt, it is case of prapno trial at all in the one case, nor by munire.
"
course of jury in the other case, but by the juris diction of the admiralty.
<
Where
court of
man
Rome,
or elsewhere,
doth purchase or pursue in the any process, sen-

tence of excommunication, Imll, dtlicr thing which touches tin- king in
or
iiistninn -nt,
liis
1G5
being
or
\\
hero a
man
regality,
having lands
to the
realm Where a
liis
in
pr<
man
case of pramunire. judici-, doth atlinn or maintain .my

it is
annum, nor goods
to the
and not value of twenty marks per value of !()/., shall not
a popish recusant,
foreign authority of jurisdiction spiritual, or doth put in use or execute any thing for the advance
repair to his dwelling or place where he and there confine himself within the
five miles,
he shall
was born, compass of abjure the realm; and if he
ment
or setting forth thereof; such offence, the

is
second time committed,
Where
man
refuseth
case of praemunire. to take the oath of
return, he shall be in the degree of a felon. Where a man kills the king s deer in chases or
forests, and can find no sureties after a year s im prisonment, he shall abjure the realm. Where a man is a trespasser in parks, or in ponds of fish, and after three years imprisonment
supremacy, being tendered by the bishop of the diocese, if he be an ecclesiastical person ; or by commission out of the chancery, if he be a tem
it is case of praemunire. the dean and chapter of any church, upon the "Conge d elire" of an archbishop, or bishop, dith refuse to elect any such archbishop
poral person,
Where
cannot find sureties, he shall abjure the realm. Where a man is a ravisher of any child within
age, whose marriage belongs to any person, and marrieth the said child after years of consent, and
is
or bishop, as is nominated unto

letter missive, it is
them
in the
king
not able to satisfy for the marriage, he shall
Where
man
case of praemunire. doth contribute or give relief unto
abjure the realm.
any Jesuit
or seminary priest, or to any college of Jesuits or seminary priests, or to any person brought up therein, and called home, and not
OFFENCE OF HERESY.
Cases of heresy,
and
the trial
and proceeding!
therein.
returning,
Where
case of preemunire. a man is broker of a usurious contract

it is
The
declaration of heresy, and likewise the
above ten in the hundred,
it is
case of praemunire.
cases of
proceeding and judgment upon heretics, is by the common laws of this realm referred to the juris
diction ecclesiastical, and the secular arm is reached unto them by the common laws, and not by any statute for the execution of them by tho
s
The punishment,
trial,
and proceedings in
prsemunire.
The punishment
life, forfeiture
is
of goods, forfeiture of lands in fee simple, and forfeiture of the profits of lands
by imprisonment during king
writ
"de
haeretico comburendo."
CASES OF THE KING
PREROGATIVE.
entailed, or for life.
and proceeding is as in cases of misprision of treason ; and the trial is by peers, where a peer of the realm is the offender.
trial
The
The king
1.
prerogative in parliament.
The king
all
bills that
hath an absolute negative voice to pass the parliament, so as without

"
OFFENCES OF ABJURATION AND EXILE.

Cases nf abjuration
his royal assent they have a mere nullity, and not so much as authoritas praescripta," as senatus
"
and
exile,
and
the proceedings
consulta"
had, notwithstanding the intercession
therein.
of tribunes.
2. The king may summon parliaments, dissolve man committeth any felony, for the and prorogue them at his pleasure. which at this day he may have privilege of sanc them, adjourn 3. The king may add voices in parliament at tuary, and taketh sanctuary, and confesseth the his pleasure, for he may give privileges to bo the before the coroner, he shall
Where
felony
abjure
and choose his sanctuary; he commit any new offence, or leave his sanctuary, he shall lose the privilege thereof, and suffer as if he had not taken sanctuary.
liberty of the realm,
if
rough towns, and

pleasure.
4.
call
and create barons
at his
and
No man
can
sit in
parliament unless he take
the oath of allegiance.
not coming to the church, and, being a popish recusant, doth persuade any of the
a
Where
man
The king
1.
prerogative in
war and peace.
king s subjects to impugn his majesty s authority in causes ecclesiastical, or shall persuade any subject from coming to church, or receiving the
The king hath power to declare and proclaim war, and make and conclude peace. 2. The king hath power to make leagues and
communion, or persuade any subject to come to confederacies with foreign estates, more or It-ss any unlawful conventicles, or shall be present at strait, and to revoke and disannul them at liis any such unlawful conventicles, and shall not pleasure* after conform himself within a time, and make liis 3. The king hath power to command thebodie
submission, he shall abjure the realm, and forfeit of his subjects for service of his wars, and to nis goods and lands during life; and it he depart muster, train, and levy men, and to transport them not within the time prefixed, or return, he shall be by sea or land, at his pleasure. in the degree of a felon. 4. The king hath power in time of war to
j
exi>-
1C6
CASE OF THE POST-NATI OF SCOTLAND.

all officers
cute martial law, and to appoint
of
war
5.
at his pleasure.
any foreign wares that come into the realm, and so of native wares that go out of the realm.
The king
hath power to grant his letters of
mart and reprisal for remedy to his subjects upon foreign wrongs. 6. The king may give knighthood, and thereby enable any subject to perform knight s service.
The king
1.
prerogative in the persons of his

subjects.
create any corporation or and enable them to purchase, to grant, to sue, and be sued ; and with such restric tions and limitations as he pleases. The king s prerogative in matter of money. 2. The king may denizen and enable any fo 1. The king may alter his standard in baseness reigner for him and his descendants after the or fineness. he cannot naturalize, nor enable 2. The king may alter his stamp in the form charter; though him to make pedigree from ancestors paramount.
The king may

politic,
body
of it.
3.
The king may
at his pleasure alter the

fall
va
3.
The king may enable any
attainted
person,
luations,
4.
and raise and
moneys.
of his
5.
The king may by proclamation make money own current or not. The king may take or refuse the subjects
more
or less
his charter of pardon, and purge the blood for time to come, though he cannot restore the blood
by
for the
4.
time past.
bullion, or coin for

6.
the
money.
foreign
The king may enable any dead persons in law, as men professed in religion, to take and
s benefit.
Jl
The king by proclamation may make money current, or not.
purchase to the king
twofold power of the law.
The king s prerogative in matters of trade and

traffic.
1. A direction: in this respect the king is underneath the law; because his acts are guided
1.
The king may
constrain the person of any
thereby. 2. Correction
In this
it
of his subjects not to go out of the realm. 2. The king may restrain any of his subjects to go out of the realm in any special part foreign.
3. The king may forbid the exportation of any commodities out of the realm.
above the law;

offence.
for
may
respect the king is not correct him for any
.# twofold power in the king. His absolute power, whereby he may levy 4. The king may forbid the importation of any forces against any nation. 2. His limited power, which is declared and commodities into this realm. 5. The king may set a reasonable impost upon expressed in the laws what he may do.
1.
THE
ARGUMENT OF
SIR FRANCIS BACON, KNIGHT,
HIS MAJESTY S SOLICITOR-GENERAL,

IN
THE CA8E OF
THE POST-NATI OF SCOTLAND,

IN
THE EXCHEQUER CHAMBER,
BEFORE THE LORD CHANCELLOR, AND ALL THE JUDGES OF ENGLAND.
M\Y
IT PLEASE
YOUR LORDSHIPS,
that by time, that extendeth not only to the pre sent time, but much more to future generations,
:
Et nati natorum, et qui nascentur ab illis THIS case your lordships do well perceive to be of exceeding great consequence. For whether And, therefore, as that is to receive at the bar a you do measure that by place,-that reacheth not full and free debate, so I doubt not but that shall only to the realm of England, but to the whole receive from your lordships a sound and just re
island of Great Britain
or
whether you measure solution according
to
law, and according to truth.
CASE OF THE
For,
riaid
<)>T-NATI
n;
8C ITLAND.
107
my
in
"
lords,
tli.it
though
s-.tiil
tic
were thought
word,
tn
h;ivr
I
well,
;"
tii.it
for his
l\>-\
or-
tissiinus
evm
said,
tlo
tin-
yet the opinion
In-
w;is thought to have said better,
gain nothing by surreption, in the putting of the question, th it one anil the .same natural person in king of both realms.
confessed, that the laws and parliaments So, then, Whether this privilege and benefit of naturalization to be an aerosory or
It is
of the king himself, that

et pra-valet
:"
V eritas
forti>sima,
And
are several.
much
whole carriage of
rejoice to observe such a concurrence in this cause to this end, that
truth
or framed case; but a true case between true parties. title handled formerly in some of the king s The courts, and freehold upon it; used indeed by his
may prevail. The case no feigned
dependency upon that which is one and joint, or upon that whieh is several, hath been, and must
high wisdom to give an end to this occasio," as the great question, but not raised ;
in his
"
And therefore be the depth of this question. your lordships do see the state of this question doth evidently lead me by way of inducement to speak of three things The king, the law, and For if you well the privilege of naturalization.
:
schoolmen say,
The
arrepta, non porrecta." case argued in the king s bench

"
Walter with great
liberty,
by Mr. and yet with good ap
understand the nature of the two principals, and again the nature of the accessory ; then shall you discern, to whether principal the accessory doth properly refer, as a shadow to a body, or iron to
probation of the court; the persons assigned to be of counsel on that side, inferior to none of their
an adamant.
And
therefore yourlordships will give
me leave,
quality and degree in learning; and some of them in a case of this quality, first to visit and open the foundations and fountains of reason, and not most conversant and exercised in the question. The judges in the king s bench have adjourned begin with the positions and eruditions of muni it to this place for conference with the rest of cipal law; for so was that done in the great case Your lordship, my lord chancel of mines; and so ought that to be done in all their brethren.
though you be absolute judge in the court sit, and might have called to you such assistance of judges as to you had seemed good yet would not forerun or lead in this case by any opinion there to be given; but have chosen rather
lor,
cases of like nature.
And
this doth not at all
where you
detract from the sufficiency of our laws, as incom petent to decide their own cases, but rather addeth
a dignity unto them, when their reason appearing as well as their authority, doth show them to be
to
as
assembly ; all tending, as fine moneys, which are current not only by the whereunto I for my part do stamp, because they are so received, but by the heartily subscribe, "utvincat veritas," that truth natural metal, that is, the reason and wisdom of may first appear, and then prevail. And I do them. And Master Littleton himself in his whole book firmly hold, and doubt not but I shall well main doth commend but two things to the professors of tain, that this is the truth, that Calvin the plain the one, the in tiff is the law by the name of his sons ipso jure," by the law of England, a na tural born subject, to purchase freehold, and to quiring and searching out the reasons of the law; bring real actions within England. In this case and the other, the observing of the forms of plead I must so consider the time, as I must much more And never was there any case that came ings.
come yourself
I
to this
said, to this end,
"
consider the matter. And, therefore, though
draw
it may in judgment that required more, that Littleton s speech into farther length; yet I dare advice should be followed in those two points, not handle a case of this nature confusedly, but than doth the present case in question. And, first, porpose to observe the ancient and exact form of of the king. It is evident that all other commonwealths, pleadings ; which is, monarchies only excepted, do subsist by a law First, to explain or induce.
my
Then, to confute, or answer objections. And, lastly, to prove, or confirm. And, first, for explanation. The outward ques
tion
in
this
precedent.
For
where
authority
is
divided
case
is
no more, but, Whether a
child, born in Scotland since his majesty s happy coming to the crown of England, be naturalized
in
England, or no?
Hut the inward question or
state of the question evermore beginneth where that which is confessed on both sides doth leave.
It is confessed, that if these two realms of Eng land and Scotland were united under one law and
and they not perpetual, but annual or temporary, and not to receive their authority but by election, and certain persons to have voice only to that election, and the like; these are busy and curious frames, which of ne cessity do presuppose a law precedent, written or but in mo unwritten, to guide and direct them
amongst many
officers,
narchies, especially hereditary, that is, when several families or lineages of people do submit themselves to one line, imperial or royal, the sub
one parliament, and thereby incorporated and made as one kingdom, that the post-natus" of such a union should be naturalized.
"
is more natural and simple, which after wards by laws subsequent is perfected and made more formal but that is grounded upon nature. It is confessed, that both realms are united in That this is so, it appeareth notably in two the person of our sovereign because I will things ; the one the platforms and patterns which or,
mission
1G8

;
For the original submissions, they are four in number: I will hrielly touch them: The first u paternity or patriarchy, which was when a family or chief of a family growing so great as it could not contain itsdf who, governing over his wife by prerogative of within one habitation, some branches of the de sex, over his children by prerogative of age, and scendants were forced to plant themselves into new because he is author unto them of being, and families, which second families could not by i over his servants by prerogative of virtue and natural instinct and inclination but bear a rove* providence, (for he that is able of body, and rence, and yield an obeisance to the eldest line of improvident of mind, is naturaservus,") that is the ancient family from which they were derived. So is the opinion of the very model of a king. The second is, the admiration of virtue, or gra Aristotle, lib. iii. Pol. cap. 14, where he saith, titude towards merit, which is likewise naturally Verum autem regnum est, cum penes unum est infused into all men. Of this Aristotle putteth rerum summa potestas quod regnum procura the case well, when it was the fortune of some tionem familiae imitatur." one man, either to invent some arts of excellent
the original
are found in nature of monarchies
submissions, and
their
motives and occasions.
The platforms are three The first is that of a father,

:
"
"
And
him
therefore Lycurgus,
when one
"
counselled
use towards
man
s life, or to
congregate people,
to dissolve the
kingdom, and
to establish
an
other form of estate, answered, Sir, begin to do that which you advise first at home in your own
noting, that the chief of a family is as a king; and that those that can least endure kings abroad, can be content to be kings at home. And
house:"
where they might cohabit with more comfort, or to guide them from a more barren land to a more fruitful,
or the like tion
that dwelt scattered, into one place,
upon these deserts, and the admira and recompense of them, people .submitted
:
themselves.
this is the first platform, natural.
which we see
is
merely
The third, which was the most usual of all, was conduct in war, which even in nature induceth
as great an obligation as paternity.
The second is that of a shepherd and his flock, which, Xenophon saith, Cyrus had ever in his For shepherds are not owners of the mouth. sheep ; but their office is to feed and govern : no more are kings proprietaries or owners of the
people
:
For as men
owe
their life and being to their parents in regard of generation, so they owe that also to saviours in the wars in regard of preservation. And therefore we find in chap, xviii. of the book of
for
God
"The nations,"
inheritance:"
is sole owner of the people. as the Scripture saith, are "his but the office of kings is to govern,
Judges, ver. 22,
"
Dixeruntomnes
filii
viri
ad Gideon,
servasti
Dominare
nos de
nostri, tu et
Madian."
tui,
quoniam
maintain, and protect people. And that is not without a mystery, that the first king that was
instituted
read, when it was brought to the ears of Saul, that the people Saul hath killed his in the streets, sung
manu
And
"
so
we
by God, David,
untimely fruit, Et elegit as you have it in Psalm Ixxviii. David servum suum, de gregibus ovium sustulit military dependence, wants little of being king. The fourth in an enforced submission, which is eum, pascere Jacob servum suum, et Israel haereditatem suam." This is the second plat conquest, whereof it seemed Nimrod was the first form ; a work likewise of nature. Ipsecrepit potens precedent, of whom it is said ; The third platform is the government of God esse in terra, eterat robustus venatorcoram Domi
:
"
Saul was but an was translated from a shepherd,

for
thousands, and David his ten thousand of ene Quid ei superest mies," he said straightways For whosoever hath the nisi ipsum regnum
"
1"
"
himself over the world, whereof lawful monar

chies are a shadow. And, therefore, both amongst the heathen, and amongst the Christians, the
no."
And
this likewise is
upon the same root, which
the saving or gift as it were of life and being ; foi the conqueror hath power of life and death over
is
word, sacred, hath been attributed unto kings, because of the conformity of a monarchy with a divine majesty never to a senate or people. And so you find it twice in the Lord Coke s Reports; once in the second book, the bishop of Winchester s case; and in his fifth book,
:
his captives; and, therefore, where he giveth them themselves, he may reserve upon such a gift what
All these four service and subjection he will. submissions are evident to be natural and more
ancient than law.
To speak therefore of law, which is the second Cawdrie s case ; and, more anciently, in the 10 part of that which is to be spoken of by way of Law no doubt is the great organ of H. VII. fol. 10. "Rex est personamixta cum inducement. an attribute- which the senate of by which the sovereign power doth move, and sacerdote
;"
Venice, or a canton of Swisses, can never chal So, we see, there be precedents or plat lenge.
forms of monarchies, both in nature and above nature ; even from the monarch of heaven and earth, to the king, if you will, in a hive of bees. And
therefore other states are the creatures of law:
be truly compared to the sinews in a natural body, as the sovereignty may be compared to the for if the sinews be without the spirits, spirits they are dead and without motion; if the spirits move in weak sinews, it causeth trembling: so the laws, without the king s power, are dead ;
may
and this state only subsisteth by nature.
the king s power, except the
laws be corroho-
CAM: OF
TMI-: POST-.N ATI

1
or SCOTLAND.
.09
rued, will never move constantly, Imt he full of ami trepidation. Hat towards the sta.;geriii
.|
statute ijiieen, lint acoinmon-Iaw .p1 shall hardly coiisi-ut that the king shall
li.
and lib. 3, fol. 107. l,c\ tacil c|iiod ipse inon law is more worthy than the statin.- iaw M UY\ that is, it defines his title; as in our the law of nature is more wîthy than them both. of the king and the law, ii law, That the kingdom shall go ID the issue Having spoken now female; that it shall not be departable amongst remaineth to -peak of the privilege and benefit daughti rs; that the half-blood shall be respected, of naturalization itself; and that according to the and other points differing from the rules of com- rules of the law of England. Naturalization is best discerned in the degrees inon inherit nice. The second is, that whereof we need not fear to speak in good and happy whereby the law doth mount and ascend thereunto. times, such as these are, to make the ordinary For it seeimth admirable unto me, to consider power of the king more definite or regular; for it with what a measured hand and with how true was well said by a father, "plenitude potestatis proportions our law doth impart and confer
fol. 5,
;
ope-. leenied or called only our rightful sov. ,. i-n. i.r ration: the first is to entitle the king, or design our lawful - o\eiei_Mi, but our natural hi him: and in that sense Hractou s.iith well, lib. 1. reiiin as acts of parliament speak for as the e. mklu:;
himself the law doth a double
ollice ur
sit
;"
est plenitudo tempestatis. And although the solutus legibus," yet his king, in his person, be
1
"
the several degrees of this benefit. are four.
The
degrees
acts and grants are limited by law,
and
we
argue
them every day. But I demand, Do these offices or operations of law evacuate or frustrate the original submission, which was natural ? Or shall it be said that all allegiance is by law 1 No more than it can be said,
that
"potestas
patris,"
degree of persons, as to this purpose, that the law takes knowledge of, is an alien
first
The
enemy
j
that
is,
such a one as
is
born under the
obeisance of a prince or state that is in hostility with the King of England. To this person the law giveth no benefit or protection at all, but if
power of the father he come into the realm after war proclaimed, or over the child, is by law; and yet no doubt laws war in fact, he comes at his own peril, he may be do diversely define of that also; the law of some used as an enemy for the law accounts of him, nations having given the fathers power to put their but, as the Scripture saith, as of a spy that comes And so it is in children to death; others, to sell them thrice; to see the weakness of the land. Nevertheless this admittcth a others, to disinherit them by testament at pleasure, 2 Ric. III. fol. 2. and the like. Yet no man will affirm, that the distinction. For if he come with safe-conduct,
the
:
obedience of the child is by law, though laws in some points do make it more positive: and even
so
it
otherwise
it is:
for
then he
may
not be violated,
is
monarchs, which
law, but
is
of allegiance of subjects to hereditary is corroborated and confirmed by

the
either in person or goods. But yet he must fetch his justice at the fountain-head, for none of the
work of
the law of nature.
And remedy
therefore you shall find the observation true, and almost general in all states, that their lawgivers
conduit pipes are open to him; he can have no in any of the king s courts; but he must complain himself before the king s privy council :
there he shall have a proceeding summary from to hour, the cause shall be determined by
were long
after their first kings,
who governed hour

:
for a time by natural equity without law so was natural equity, and not hy rules of law; and the Theseus long before Solon in Athens: so was decree of the council shall be executed by aid of Eury lion and Sous long before Lycurgus in Sparta the chancery, as in 13 Ed. IV.; and this is the first
:
Decemviri. degree. And even amongst ourselves ihere were more The second person is an alien friend, that is, ancient kings of the Saxons ; and yet the laws such a one as is born under the obeisance of such ran under the name of Edgar s laws. And in the a king or state as is confederate with the king of refounding of the kingdom in the person of \V il- England, or at least not in war with him. To Ham the Conqueror, when the laws were in some this person the law allotteth this benefit, that as confusion for a time, a man may truly say, that the law accounts that the hold it hath over him, is King Edward I. was the first lawgiver who, enact but a transitory hold, for he may be an enemy, so ing some laws, and collecting others, brought the the law doth indue him but with a transitory law to some perfection. And therefore I will con benefit, that is, of movable goods and personal clude this point with the style which divers acts of actions. But for freehold, or lease, or actions parliaments do give unto the king: which term real or mixed, he is not enabled, except it be in \J II him, very effectually and truly, "our natural, "autre droit." And so it is 9 E. IV. fol. 7 And as it was said by a IV. fol. 6; 5 Mar., and divers other books. sovereign, liege lord." The third person is a denizen, using the woru principal judge here present, when he served in another place, and question was moved by some properly, for sometimes it is confounded with
so
before
was Romulus long
the
occasion of the
ber
of Bullein s lands, that he would never allow that Queen Elizabeth (I remem
title
it
subnatural born subject. This is one that is but ditus insitivus," or "adoptivus," and is never
"
b>
for the efficacy of the

II.
phrase) should be a
birth, but only
by the king
s charter,
and by no
VOL.
22
170

that proceeds
of the King of England. The second point is, that by the former distriking s grace and gift. To this person the law giveth an ability bution it appeareth that there be but two condiand capacity abridged, not in matter, but in time, tions by birth, either alien or natural born, nam and as there was a time when he was not subject, tertium penitus ignoramus." It is manifest, then, so the law doth not acknowledge him before that that if the post-nati of Scotland be not natural time. For if he purchase freehold after his deni- born, they are alien born, and in no better decree zation, he may take it; but if he have purchased at all than Flemings, French, Italians, Spanish, any before, he shall not hold it: so if he have child- Germans, and others, which are all at this time ren after, they shall inherit; but if he have any alien friends, by reason his majesty is in peace So as he is but with all the world. before, they shall not inherit. The third point seemeth to me very worthy the parte post," as the schoolmen say, privileged and not consideration; which is, that in all the distribu parte ante." The fourth and last degree is a natural born tions of persons, and the degrees of abilities or subject, which is evermore by birth, or by act of capacities, the king s act is all in all, without any parliament ; and he is complete and entire. For manner of respect to law or parliament. For it is
i
other mean, come he never so young into the Mansion or realm, or stay he never so long. habitation will not idenize him, no, nor swearing obedience to the king in a leet, which doth in-law
the subject; but only, as
I
upon general reason, and looks upon

and privileged! those under the obeisance
no
men
s faces, atl i-cteth
which drew
their first breath
said, the
"
"a
"a
law of England there is nil ultra," there no more subdivision or more subtle division beyond these ; and therein it seemeth to me that the wisdom of the law, as I said, is to be admired both ways, both because it distinguisheth so far, and because it doth not distinguish farther. For I know that other laws do idmit more curious dis
in the
is
"
the king that makes an alien enemy, by proclaim ing a war, wherewith the law or parliament inter meddles not. So the king only grants safe con
ducts, wherewith law and parliament intermed dle not. It is the king likewise that maketh an
tinction of this privilege
besides
"jus
civitatis,"
had, which answereth to natu

;
for the
Romans
For although a man and inheritance, fore it is strongly to be inferred, that as all these yet he was not enabled to have a voice at passing degrees depend wholly upon the king s act, and of laws, or at election of officers. And yet farther no ways upon law or parliament; so the fourth, they have "jus petitionis," or "jus honorum." although it cannot by the king s patent, but by For though a man had voice, yet he was not ca operation of law, yet that the law, in that opera But these be the de tion, respecteth only the king s person, without pable of honour and office. vises commonly of popular or free estates, which respect of subjection to law or parliament. And nre jealous whom they take into their number, thus much by way of explanation and induce and are unfit for monarchies but by the law of ment which being all matter in effect confessed, England, the subject of that is natural born hath is the strongest groundwork to that which is
ralization,
"jus
suffragii."
by concluding a peace, wherewith law and parliament intermeddle not. It is the that makes a denizen by his charter, abso king lutely of his prerogative and power, wherewith law and parliament intermeddle not. And there
alien friend,
were naturalized
to take lands
.1 capacity or ability to all benefits whatsoever; I say capacity or ability but to reduce potcntiam For an earl of Ireland, in actum," is another case. though he be naturalized in England, yet hath no
"
contradicted or controverted.
There followeth the confutation of the argu ments on the contrary side. That which hath been materially objected, may
be reduced to four heads.
voice in the parliament of England, except we have either a c.ill by writ, or creation by patent ; but he is capable of either. But upon this quadlipartite
division of the ability of persons I do The second is drawn from that common observe to your lordships three things, being all ground, cum duo jura concurrent in una persona effectually pertinent to the question in hand. a rule, the The first is, that if any man conceive that the jequam est ac si essent in duobus reason for the post-nati might serve as well for words whereof are taken from the civil law ; but
"
The first is, that the privilege of naturalization followeth allegiance, and that allegiance followeth the kingdom.
:"
the ante-nati, he
may by
the distribution
which the matter of
it is
received in
all
laws
being a
plainly perceive his error. For very line or rule of reason, to avoid confusion. The third consisteth of certain inconveniences the law looketh not back, and therefore cannot by any matter "ex post facto," after birth, alter the conceived to ensue of this general naturalization,
state of the birth
;
we have made
wherein no doubt the law hath
"
ipso
jure."
a grave and profound reason ; which is this, in a tew words, "Nemo subito fingitur; aliud est nasci, aliud fieri:" we indeed more respect and
affect those
fourth is not properly an objection, but a pre-occupation of an objection or proof on our part, by a distinction devised between countries
4
The
merits and conversations
worthy gentlemen of Scotland whose devolute by descent, and acquired bv conquest. we know; but the law For the first, it is not amiss tc observe tlia

tho*e
171
who
maintain this
new
..aefi is
"ahum silmtium" in
are not well agreed in uli.it said that allegiance hath press that: fur respect to the law, some to the crown, some to the
our books of law, form to utter and ex-
opinion, whereof into the law in this point, he shall find a conse quence that may secrn at the first strange, hut yet
cannot be well avoided; which is, that if divers families of English men and women plant them
selves at Middlel)orough,or at Koan, or at Lisbon,
their descendant^ marry amongst themselves, without any intermix as it commonly cometh to pass in opinions that ture of foreign blood ; such descendants are have their foundations in subtlety and imagination naturalized to all generations: for every genera of man s wit, and not in the ground of nature. tion is still of liege parents, and therefore natu But to leave their words, and to come to their ralized ; so as you may have whole tribes and proofs: they endeavour to prove this conceit by lineages of English in foreign countries.
kingdom, some
is
so there
king: confusion of tongues amongst them,
to the
body
politic of the
and have issue, and
do
int<
r-
three
manner of proofs:
certain inferences out of statutes; and, lastly,
certain
first, by reason; then, by by book cases, mentioning and reciting the
And
therefore
it is
utterly untrue that the
law
of England cannot operate or confer naturalization, but only within the bounds of the dominions of
forms of pleadings.
England.
statutes
;
To come now
the
first is
to their inferences
upon
I
The
tion is
reason they bring is this ; that naturaliza an operation of the law of England ; and
it is,
out of this statute which

statute
it
last recited; in
which
is
said, that in
"born
"
so indeed
that
may
be the true genus of
it.
Then they
without the allegiance of England," which, say England is dominions of England, and cannot operate but they, applies the allegiance to the kingdom, and where it is in force. But the law is not in force not to the person of the king. To this the answer in Scotland, therefore that cannot endure thisbene- iseasy; for there is no trope of speech more familiar
I ! \
add, that granted, that the law of of force only within the kingdom and
four several places there are these words, or again, within the allegiance of England
;"
born
fit
This reason
of naturalization by a birth in Scotland. is plausible and sensible, but exj
than to use the place of addition for the person. So we say commonly, the line of York, or the line
i
For the law of England, tremely erroneous. for matters of benefit or forfeitures in England,
operateth over the world.
said that
"
of Lancaster, for the lines of the the Duke of Lancaster.
Duke
of York, or
And because it
is
truly
respublicacontineturpaenaetprcemio," I will put a case or two of either. It is plain that if a subject of England had con-
So we say the possessions of Somerset, or Warwick, intending the possessions of the Dukes of Somerset or Earls of Warwick. So we see earls sign, Salisbury, Northampton, for the Earls of
Salisbury or Northampton.
spired the death of the king in foreign parts, it was by the common law of England treason,
And
in the
very same
manner the
if
prove I thatl By the statutes of 35 H. VIII. cap. 2, wherein you shall find no words at all of making any new case of treason which was
How
statute speaks, allegiance of England, for allegiance of the Kingof England. Nay, more,
statute, this collection
there had been no variety in the penning of that had had a little more force ;
not treason before, but only of ordaining a form for those words might have been thought to have of trial ; "ergo," it was treason before: and if been used of purpose and in propriety ; but you may
j
and obeisance of the King of any subject beyond England, and especially in the material and conmanding him to return, and he disobey, no man eluding place, that is to say, children whose parents will doubt but there is a contempt, and yet the were at the time of their birth at the faith and oheifact enduring the contempt was committed in sance of the King of England. So that it is manifest foreign parts. by this indifferent and promiscuous use of both Therefore the law of England doth extend to phrases, the one proper, the other improper, that acts or matters done in foreign parts. So of reward, no man can ground any inference upon these words privilege or benefit, we need seek no other instance without danger of cavillation. than the instance in question for I will put you a The second statute out of which they infer, is a case that no man shall deny, where the law of statute made in 32 Hen. VIII. touching the policy England doth work and confer the benefit of natu- of strangers tradesmen within this realm. For ralization upon a birth neither within the dominions the parliament finding that they did eat the Engof the kingdom, nor King of England. By the lishmen out of trade, and that they entertained m. statute of 25 E. III., which, if you will believe apprentices but of their own nation, did prohibit Hussey, is but a declaration of the common law, that they should receive any apprentice but tho all children born in any parts of the world, if they king s subjects. In which statute is said, that in be of English parents continuing at that time as nine several places there is to be found this aliens born out of the king s liege subjects to the king, and having done no act context of words, to forfeit the benefit of their allecriance, are which is pregnant, say they, and obedience "ipso
statute, allegiance
then the law of England works in foreign So of contempts, if the king send his parts.
so,
find in three
other several places of
the
same
privy seal
to
the seas,
com-
"
;"
facto
naturalized.
Nay,
if
man
look narrowly
doth imply that there be aliens born within the
172
king
heard
s
CASE OF THE POST-NATI. OF SCOTLAND.

obedience. Touching this inference, I have
it
whatsoever the occasion was,

difference
litre
you have the
said,
cortice;"
"cortex,"
qui hceret in litere, hoeret in but this is not worthy the name of
"
it is
but
"muscus
it
corticis,"
the
moss
subjection to a king generally, and subjection to a king as king of a certain kingdom : but to this 1 give an answer
threefold
First,
:
authorised
of
of the bark.
For
is
evident that the statute
meant
and
presseth not the question for doth any colhmon understanding. Now, then, there man say that a post-natus" of Scotland is natu are aliens in common reputation, and aliens in ralized in England, because he is a subject of the precise construction of law ; the statute then king as king of England 1 No, but generally meaning not to comprehend Irishmen, or Je*sey- because he is the king s subject. men, or Calaismen, for explanation-sake, lest the Secondly, The scope of this law is to make a word alien might be extended to them in a vulgar distinction between crown and crown but the born out scope of their argument is to make a difference acceptance, added those further words, of the king s obedience." Nay, what if we between crown and person. Lastly, this statute, should say, that those words, according to the as I said, is our very case retorted against them ; received laws of speech, are no words of difference for this is a direct statute of separation, which or limitation, but of declaration or description of presupposeth that the common law had made a an alien, as if it had been said, with a videlicet," union of the crowns in some degree, by virtue of
to
it
;
speak clearly and without equivocation,
to a
"
"
"
such as are born out of the king s obedience ? they cannot put us from that construc But sure I am, if the bark make for them, tion.
aliens
;
that
is,
the union of the king s person if this statute had not been made to stop and cross the course of tho
:
common law in that point, as if Scotland now us; for the privilege of liberty should be suitors to the king, that an act might which the statute means to deny to aliens of pass to like effect, and upon like fear. And, entertaining apprentices, is denied to none born therefore, if you will make good your distinction
the pith
makes
for
within the king
what you
"
s obedience, call them aliens or And, therefore, by their reason, a of Scotland shall by that statute post-natus" what stranger apprentices he will, and so is keep
in this present case,
show us a
statute
for that.
will.
But 1 hope you can show no statute of separation between England and Scotland. And if any man
say that this was a statute declaratory of the law, he doth not mark how that is pen ned ; for after a kind of historical declaration in
put in the degree of an English.

statute out of
The
third
common
is made, is the which hath been the preamble, that England was never subject to am of that opinion France, the body of the act is penned thus: "The which are words loo, but directly the other way. Therefore, to open king doth grant and establish the scope and purpose of that statute after that merely introductive "novae legis," as if the king the title to the crown of France was devolute to gave a charter of franchise, and did invest, by K. E. III., and that he had changed his style, a donative, the subjects of England with a new changed his arms, changed his seal, as his privilege or exemption, which by the common majesty hath done, the subjects of England, saith law they had not. the statute, conceived a fear that the realm of To come now to the book-cases which they Englan-J might become subject to the realm of put; which I will couple together, because they France, or to the king as king of France. And I receive one joint answer. The first is 42 E. III. fol., where the book will give you the reasons of the double fear, that it should become subject to the realm of France. saith, exception was taken that the plaintiff was They had this reason of fear; Normandy had born in Scotland at Ross, out of the allegiance of
which inference
statute of 14 E. III. cap. solo, said to be our very case ; and I
:"
conquered England, Normandy was feudal of England. The next is 22 H. VI. fol. 38, Adrian s case ; France, therefore, because the superior seigniory of France was now united in right with the where it is pleaded that a woman was born at tenancy of Normandy, and that England, in re Bruges, out of allegiance of England. The third is 13 Eliz. Dyer, fol. 300, where gard of the conquest, might be taken as a per Dcctor Story qui notorie quisite to Normandy, they had probable reason the case begins thus: In all to fear that the kingdom of England might dignoscitur esse subditus regni Anglia be drawn to be subject to the realm of France. these three, say they, that is pleaded, that the. The other fear, that England might become party is subject of the kingdom of England, and
"
."
subject to the king as king of France, grew no not of the king of England. doubt of this foresight, that the kings of England To these books I give this answer, that they be seat of not the pleas at large, but the words of the mi<rht he like to make their mansion and their estate in V ranee, in regard of the climate, reporter, who speaks compendiously and narra
the
wealth, and glory of that kingdom; and thereby kingdom of England might be governed by Hie king s mandates and precepts, issuing as
fiom the king of France.
and not according to the solemn words of If you find a case put, that it is was seised in fee simple, you will But they will say,, not infer upon that, that the words of the pleatitively,
i
the pleading. pleaded a man

ing wore
h.credihus
"in
173
feodo
simplici,"
but
"
sihi
ct
man
suis."
Hut show me some precedent the

larê, of
for
"natus
tried, or of a Jerseyman ? nay, how should birth of a subject be tried, that is born of
lie
of a pleading
regni
tliat
;it
AngliiK
;"
whereas
Mr.
sub ligeantia \Vahrr said
English parents in Spain or Florence, or any part of the world I For to all these the like objection
of
trial
fain bring
t
>r
th
pleadings ftK variable in this point, lie would it to that; l)iit thenis no such matter pleadings arc constant ami uniform in this
;
-
may
I
countries: and
therefore
be made, because they are within no this receives no answer. And
will
now
pass on to the second main

"
point: they
"
may
or
;
"
vary in the word

"
"lid.>,"
nr
argument.
It
is
some other obedientia," and ciremn-tances but in the form of and regni" neither can there, as I regis" they vary not am |iersu;ided, be any one instance showed forth to the See!) KHz. 1 Manet s &MU6, contrary.
li<_re;intia,"
"
a rule of the civil law, say they,
Cum
fol.
7,
where the pleading
at large is entered
>
in
one no confusion of them, but they remain still in the eye of law distinct, as if they were in several persons: and they bring examples of one man bishop of two sees, or one parson that
jura,"
duo
&e.,
when two
rights do
meet
in
person, there
is
An^lne." See the book of entries, pi. 7, and two other places, for there be no more and there you shall find still "sub ligeantia domini or regis," "extra legeantiam domini regis." And therefore the forms of pleading, which are things so re verend, and are indeed towards the reasons of the
the book; there you have extra ligcantiam domini regis
alieniuena natus
is
rector of
two churches.
They say
this unity
in the bishop or the rector doth not create
precedents in the
privity
any between the parishioners or dioceseners, more than if there were several bishops, or several parsons. This rule I allow, as was said, to be a rule, not of the civil law only, but of common
reason, but receiveth no forced or coined, but a true and sound distinction or limitation, which is,
it evermore faileth and deceiveth in cases where there is any vigour or operation of the
and" law, as paln.a," pugnus," containing the reasons of the law, opened or unfolded, or display ed, they make all for us. And for the very words of reporters in books, you must acknowledge and
"
that
natural person ; for generally in corporations the natural body is bufsuffulcimentum turn corporis
corporati,"
it is
obruimur numero." For you have 22 say, Ass. pi. 25. 27 Ass. the prior of Shell s case, pi. 48. 14 H. IV. fol. 19. 3 H. VI. fol. 35. 6 H. VIII. in my Lord Dyer, fol. 2. In all these books the very words of the reporters have "the alle giance of the kings," and not, the allegiance of England. And the book in the 24 Edw. III. which is your best book, although, while it is tossed at the bar, you have sometimes the words
"ilicet
but as a stock to uphold and bear
out the corporate body; but otherwise it is in the case of the crown, as shall be manifestly
proved in due place.
But
to
show
that this rule
receiveth this distinction, 1 will put but two cases ; the statute of 21 H. VIII. ordaineth that a
marquis
treasurer
three.
may
retain six chaplains qualified, a lord

four,
of England
privy counsellor
The Lord Treasurer Paulet was Marquis
"allegiance
of
England,"
yet
when
it
comes
he
to
Thorp, chief justice,

"we
to give the rule,
saith,
I
of Winchester, lord treasurer of England, and privy counsellor, all at once. The question was,
whether he should qualify thirteen chaplains ? Now, by the rule "Cum duo jura" he should ; that farther form of pleading beateth down your but adjudged, he should not. And the reason opinion that it sufficeth not to say that he is born was, because the attendance of chaplains con out of the allegiance of the king, and stay there, cerned and respected his natural person ; he had but he must show in the affirmative, under the but one soul, though he had three offices. The allegiance of what king or state he was born, other case which I will put is the case of homage. The reason whereof cannot be, because it may A man doth homage to his lord for a tenancy held appeal whether he be a friend or an enemy, for of the manor of Dale; there descendeth unto him that in a real action is all one: nor it cannot be afterwards a tenancy held of the manor of Sale, because issue shall be taken thereupon; for the which manor of Sale is likewise in the hands of issue must arise on the other side upon Cum duo jura," in- the same lord. Now, by the rule di jcna" pleaded and traversed. And therefore it he should do homage again, two tenancies and can have no other reason hut to apprize the court, two seinories, though but one tenant and one lord,
:
j
by the roll, whether Scotland be within the allegiance of the king." Nay,
will be certified
"
"
more
none of those that are subject

for the
tried,
I
certainly, that the country of the birth is to the king. A8

trial,
that
it
hold
it should be impossible to be not worth the answering; for the
"venire facias"
shall go either
it
where the natural
est ac si set in duobus:" but ruled that he should not do homage aâin nay in the case of the king, he shall not pay a second respect ot homage, as upon ijrave and deliberate considera usus tion it was resolved, 24 Hen. VIII. and
"aequum
:
birth is laid, although
he
but.
by
fiction, or if it
scaccarii,"
as there
is said,
accordingly.
And
tfio
be laid, according to the truth, it shall be tried where the action is brought, otherwise you fall upon a main rock, that brraketb your argument
in pieces; for
no other but because when a man is sworn to his lord, he cannot be sw rn over atrain he hath but one conscience, and the obligation of
reason
is
:
how should
the birth of an Irish
this oath trencheth
between the natural person of

p 2
174

person of the lord.
(he tenent and the natural
England had obtained the Indies by conquest
or
tenure, and of homage liege, which is one case, are things of a near nature, save that the one is much
certainly the case of
And
homage and
occupation, all the Indies had been naturalized ny the confession of the adverse part. And, therefore,
since
it
is
confessed, that subjects obtained hy

<;!>(
inferior to the other;
but
it is
good
is
to
behold
in
these great matters of state in cases of lower
element, as the eclipse of the sun a pail of water.
used to be
The third main argument containeth certain supposed inconveniences, which may ensue of a general naturalization "ipso jure," of which kind saith well, the strongest of all authorities is, if a man can allege the authority of his adversary three have been specially remembered. The first is the loss of profit to the king upon against himself: we do urge the confession of the other side, that they confessed the Irish are natu letters of denization and purchases of aliens. The second is the concourse of Scotsmen into* ralized ; that they confess the subjects of the Isles this kingdom, to the enfeebling of that realm of of Jersey and Guernsey, and Berwick, to be natu Scotland in people, and the impoverishing of this ralized, and the subjects of Calais and Tournay, realm of PLigland in wealth. when they were English, were naturalized ; as The
third
is,
conquest are naturalized, and that all these objec tions are common and indifferent, as well to of conquest as case of descent, these objections are in themselves destroyed. And, therefore, to proceed now to overthrow Plato that distinction of descent and conquest.
that
the reason
of this
case
you may
find
in the 5 Eliz. in
Dyer, upon the
stayeth not within the compass of the present case; for although it were some reason that
question put to the judges by Sir Nicholas Bacon,

lord keeper.
Scotsmen were naturalized, being people of the To avoid this, they fly to a difference, which is same island and language, yet the reason which new coined, that is, (I Speak not to the disadvan we urge, which is, that they are subject to the tage of the persons that use it; for they are driven same king, may be applied to persons every way to it "tanquam ad ultimum refugium;" but the more estranged from us than they are ; as if, in difference itself,) it is, I say, full of ignorance future time, in the king s descendants, there should and error. And, therefore, to take a view of he a match with Spain, and the dominions of the supports of the difference, they allege four Spain should be united with the crown of England, reasons.
The first is, that countries of conquest, are by one reason, say they, all the West Indies should be naturalized ; which are people not made parcel of England, because they are ac but "alterius cceli." only "alterius soli, quired by the arms and treasure of England. To To these conceits of inconvenience, how easy this I answer, that it were a very strange argu it is to give answer, and how weak they are in ment, that if I wax rich upon the manor of Dale,
"
themselves, I think no man that doth attentively ponder them can doubt; for how small revenue can arise of such denizations, and how honourable were it for the king to take escheats of his subjects, as if they were foreigners, for seizure of aliens lands are in regard the king hath no hold or command of their persons and services, every one may perceive. And for the confluence of
and upon the revenue thereof purchase a close by

it,
that
it
should
I
make
that parcel of the
manor of
Dale.
But
will set this
new
learning on ground
Scotsmen, I think, we all conceive the springtide past at the king s first coming in. And yet we see very few families of them throughout the cities and boroughs of England. And for the natu
is
with a question or case put. For I oppose them that hold this opinion with this question, If the king should conquer any foreign country hy an army compounded of Englishmen and Scotsmen, as it is like, whensoever wars are, so it will be, I demand, Whether this country conquered shall be naturalized both in England and Scotland, because it was purchased by the joint arms of both ] and
if yea, Whether any man will think it reasonable, that such subjects be naturalized in both king
ralizing of the Indies, we can readily help that, vhen the case comes ; for we can make an act of
doms
parliament of separation, if we like not their con sort* But these being reasons politic, and not legal, and we are not now in parliament, but helore a judgment seat, I will not meddle with
the one kingdom not being naturalized ; toward the other 1
These
A
won
are the intricate consequences of conceits. second reason they allege is, that countries by conquest become subject to the laws of
them, especially since 1 have one answer which avoids and confounds all their objections in law; which is, that the very selfsame objections do hold in countries purchased by conquest. For in
subjects obtained conquest, it were more profit l.j incienizate oy the poll ; in subjects obtained by Conquest, they may come in too fast. And if
^>j
England, which countries patrimonial aienot. and law doth draw the allegiance, and allegi ance naturalization.
that the
But to the major proposition of that argument, touching the dependency of allegiance upon law, somewhat hath been already spoken, and full
nnswer
in this place
King Henry VII. had accepted Ohristopher Columbus, whereby
the the
offer
of
shall be given when we come to it. it shall suffice to say, that the
is false
;
But
minor
crown of
j
proposition
that
is,
that the laws of
Eng-

"and
;
175
are not superinduced upon any country by of naturalization upon such as cannot at the first conquest; but that the old laws remain until the but bear hatred and rancourto the state of England, king by his proclamation or letters patent declare and have had their hands in the blood of the other laws; ;uid then if lie will he may declare subjects of England, and should deny the like l;i\vs which be utterly repugnant, and differing benefit to those that are conjoined with them by a IV. in the laws of England. And hereof many more amiable mean; and that the law of England
j
ancient precedents and records may be showed, th.it ilie reason \vhy Ireland is subject to the laws
should confer naturalization upon slaves and vas

sals, for
people conquered are no better in the

:
of England is not "ipso jure" upon conquest, but that extend ;:re\\ hy a charter of King John; and
beginning, and should deny it to freemen I say, it will be marvelled at abroad, of what complexion
the laws of
differences.
;
ed but to so
possession
;
much
as
was then
in
for there are records in the
the king s time of
Km._r ]]. I. and II. of divers particular grants to sundry subjects of Ireland and their heirs, that
England be made, that breedeth such But there is little danger of such law of scandals never knew. England
for this is a difference that the
they might use and observe the laws of England. The third reason is, that there is a politic
necessity of intermixture of people in case of subjection by conquest, to remove alienations of
The
fourth reason of this difference
is,
that in
case of conquest the territory united can never be But in case of descent, there is separated again.
a possibility
;
if his
majesty
s line
should
fail,
the
mind, and
to
secure the state
in case of descent.
Here
which holdeth not kingdoms may sever again to their respective perceive Mr. Walter heirs; as in the case of 8 Hen. VI., where it is
;
hath read somewhat in matter of state; and so have I likewise ; though we may both quickly I find by lose ourselves in causes of this nature.
the best opinions, that there be two means to assure and retain in obedience countries conquered,
man from the an and a rent issuing from an ancestor on the part of the mother; if the party die without issue, the lent
said, that if land descend to a cestor on the part of his father,
out of
it
both very differing, almost in extremes, the one towards the other. The one is by colonies, and intermixture of peo ple, and transplantation of families, which Mr.
is revived. As to this reason, I know well the continuance of the king s line is no less dear to those that allege the reason, than to us that con
fute
it.
So as
reason: but
it
of; and it was indeed the Roman ficulty; for, this is like an old relic, much remote and foreign possibilities; as notably and almost never used. But the appeared in the great case between Sir Hugh reverenced which is the modern manner, and almost Cholmley and Houlford in the exchequer, where other, wholly in practice and use, is by garrisons one in the remainder, to the end to bridle tenant and citadels, and lists or companies of men in tail from suffering a common recovery, granted of war, and other like matters of terror and his remainder to the king and because he would be sure to have it out again without charge or bridle. To the first of these, which is little used, it is trouble when his turn was served, he limited it to
Walter spoke manner but

:
do not blame the passing of the answered with no great dif first, the law doth never respect
I
is
latter
true that naturalization doth conduce, but to the it is utterly opposite, as putting too great
in those that are
the king during the

tion
life
of tenant in
tail.
Ques
grew, whether this grant of remainder were

or no.
pride and means to do hurt to be kept short and low.

first
meant good, yea
And
it
it
was said
to be frivolous
And
yet in the very
and void, because
could never by any possi
case, of the Roman proceeding, naturaliza tion did never follow by conquest, during all the
growth of the
cities
Roman
empire
bility execute; for tenant in tail cannot surrender; and if he died, the remainder likewise ceased. but was ever To which it was answered, that there was a pos
conferred by charters, or donations, sometimes to
and towns, sometimes to particular persons, and sometimes to nations, until the time of Adrian the emperor, and the law "In orbe Romano;" and that law or constitution is not referred to title of conquest and arms only, but to all other titles; as by the donation and testament of kings, by submission and dedition of states, or the like: so
might execute, which was thus Put case, that tenant in tail should enter into then the remainder religion, having no issue should execute, and the kings should hold the
sibility that it
: :
land during the natural life of tenant in tail, not withstanding his civil death. But the court "una
voce"
exploded this reason, and said, that monas were down, and entries into religion gone, as this difference was as strange to them as to us. and they must be up again ere this could be; and And certainly I suppose it will sound strangely, that the law did not respect such remote ami in the hearing of foreign nations, that the law foreign possibilities. And so we may hold this.
teries
of England should "ipso facto" naturalize subjects of conquests, and shall not naturalize subjects which grow unto the king by descent; that is,
that
i
for the like: for I think we all hope that neither of those days shall ever come, either for monas
teries to
| ,
be restored, or
true
for the
king
s line to fail
should confer the benefit and privilege
But the
answer
is,
that the possibility subs*!-
176

made
lirst
quent, remote or not remote, doth not alter the For that should operation of law for the present.
b>,
of one
lump of earth, of one breath of Cod
they had the same
common
parents
n,iy, at liie
"
as if in case of the rent
which you
put,
you
j
should say, that in regard that the rent may be sewhich vered, it should be said to be in esse" in, the IIUMII curse, thanks be to God, our present case is ex It was civil and national laws that time, and should be grantable; which is clearly empted from. And so in the principal case, if that brought in these words, and differences, of otherwise.
"
they \\vrc, as the Scripture, showeth, labii," of one language, until the curse ;
unius
should be, which God of his good ness forbid, "cessante causa cessat eflfectus," the benefit of natu ralization for the time to come is dissolved. But thataltereth not the operation of the law ; rebus sic stantibus." And therefore I conclude that this difference is but a device full of weakness and ignorance ; and that there is one and the same
"
"
civi>"
and
"exterus,"
alien and native.
And
therefore because they tend to abridge the law of nature, the law favoureth not them, but takes them strictly ; even as our law hath an excellent
rule,
That customs of towns and boroughs
shall
be taken and constructed strictly and precisely, because they do abridge and derogate from the
law of the land. So, by the same reason, all national laws whatsoever are to be taken strictly person of the king; and therefore that the case and hardly in any point wherein they abridge and of Scotland is as clear as that of Ireland, and they derogate from the law of nature. Whereupon I that grant the one cannot deny the other. And conclude that your lordships cannot judge the law
reason of naturalizing subjects by descent, and subjects by conquest; and that is the union in the
so
part, touchingconfutation. proceed therefore to the proofs of our part, your lordships cannot but know many of them must be already spent in the answer which we
I
conclude the second
for
the
other side, except

if it
the case
be
"
luce
To
clarius."
And think no man
appear
to
you but doubtful, as

it
in his right senses but will yield
For "corruptio to the objection. unius, generatio alterius," holds as well in argu as in nature, the destruction of an objec ments, tion begets a proof. But nevertheless I will avoid
all iteration, lest I
have made
be at least doubtful, then ought your lordships, under your correction be it spoken, to pronounce Further for us because of the favour of the law.
to
should seern either to distract your memories, or to abuse your patience ; but accordingly. For is it not much to make a subject will hold myself only to these proofs which stand naturalized 1 By the law of England, it should suffice, either place or parents, if he be born in substantially of themselves, and are not inter mixed with matter of confutation. I will there England, it is no matter though his parents be fore prove unto your lordships that the post-natus Spaniards, or what you will. On the other side, of Scotland is by the law of England natural, and if he be born of English parents, it skilleth not so to be ad judged, by three courses of proof. though he be born in Spain, or in any other place ought 1. First, upon point of favour of law. of the world. In such sort doth the law of England 2. Secondly, upon reason and authorities of open her lap to receive in people to be naturalized ; law. which indeed showeth the wisdom and excellent 3. And, lastly, upon former precedents and ex composition of our law, and that it is the law of
a warlike and magnanimous nation, fit for empire. what mean I by that ? The For look, and you shall find that such kind of and favoureth not. It is true not estates have been ever liberal in point of natural equal persons but things or matters it doth favour. Is ization ; whereas merchant-like and envious es it not a common principle, that the law favoureth tates have been otherwise. three things, life, liberty, and dower ? And what For the reasons of law joined with authorities, is the reason of this favour! This, because our I do first observe to your lordships, that our asser law is grounded upon the law of nature. And tion or affirmation is simple and plain: that it these three things do flow from the law of nature, sufficeth to naturalization, that there be one king, liberty, which every and that the party be "natus ad fidem reins," preservation of life natural beast or bird seeketh and affecteth naturally ; the agreeable to the definition of Littleton, which is of man and wife, whereof dower is the Alien is he which is born out of the allegiance of society reward natural. It is well, doth the law favour our lord the king. They of the other side speak liberty so highly, as a man shall enfranchise his of respects, and "quoad," and "quatenus," and bondman when he thinketh not of it, by granting such subtilties and distinctions. To maintain to him lands or goods; and is the reason of it therefore our assertion, I will use three kinds of and proof. quia natura omnes homines erant liberi that servitude or villenage doth cross and abridge The first is, that allegiance cannot be applied the law of nature ] And doth not the selfsame to the law or kingdom, but to the person of the ruason hold in the present case 1 For, my lords, king, because the allegiance of the subject is lv the law of nature all men in the world are more large and spacious, and hath a greater naturalized one towards another ; they were all latitude and comprehension than the law or tne
more, as the law of England must favour na turalization as a branch of the law of nature, so it appears manifestly, that it doth favour it
amples.
1.
Favour of law
law
is
"
;"
<)F
TIIK
nsT-NATI OF SCOTLAND.
of England are under one law,
an-!
it
177
And
therefore
it
caim.it he a
it
depend
of
ency of that without the which
may
UM
If
of Scotland are under another law,
is
true at
MibiUt. The second proof which I will use is, that the natural body of the kin;: hath an operation and in
fluence upon his body politic, as well as his body politic hath upon his Imdv natural; and therefore
that although his
Edinburgh York but

;
Stirling, or, again, in London or if Enli>hnn n and Scotsmen meet in

or
body politico! Kinôf Enuland,
an army royal before Calais, I hope then they are under one law. So, likewise, not only in time If a king of of war, but in time of peregrination England travel or pass through foreign territories,
:
and his body politic of Kin._j of Scotland, be several and distinct, yet nevertheless his natural
person, which
is
one, hath an operation upon both,
yet the allegiance of his subjects followetli him as appeareth in that nouble case \\hidi is report ed in Fleta, where one of the train of King Ed
and rrraleth
a privity
between them.
is
ward
And
Fi-.r
the third proof

the
first
the binding text of five

shall
several statutes.
the I., as he passed through France from holy land, embezzled some silver plate at Pans, and jurisdiction was demanded of this crime by
of these,
make
it
manifest,
that the allegiance is of a greater extent dimension than laws or kingdom, and cannot
sist
and con
the French king s counsel at law, "ratione and demanded likewise by the officers of
soli,"
King
so
Edward,
"ratione
personae;"
and
after
much
because it began before laws, it continueth after laws, and it is in vigour when- laws are suspended and have not their force.
;
by the laws merely
lemnity, contestation, and iriterpleading, it was ruled and determined for King Edward, and the
That
that
party tried and judged before the knight marshal it is more ancient than law, f the king s house, and hanged after the English appeareth by which was spoken in the beginning by way law, and execution in St. Germain s meadows. of inducement, where I did endeavour to demon And so much for my first proof. For my second main proof, that is drawn from strate, that the original age of kingdoms was governed by natural equity, that kings were more the true and legal distinction of the king s seve
ancient than lawgivers, that the first submissions were simple, and upon confidence to the person
of kings, ^nd that the allegiance of subjects to
hereditary monarchies can no more be said to con sist by laws, than the obedience of children to
parents.
they that maintain the contrary of the opinion do in effect destroy the whole force king s natural capacity, as if it were drowned and
ral capacities; for
That allegiance continueth after laws, I will only put the case, which was remembered by two great judges in a great assembly, the one of them
swallowed up by his politic. And therefore I will first prove to your lordships, that his two And, se capacities are in no sort confounded. condly, that as his capacity politic worketh so
upon
all
now
with God which was, that if a king of England should be expulsed his kingdom, and his politic, as the corporation of the crown utterly some particular subjects should follow him in differeth from all other corporations within the flight or exile in foreign parts, and any of them realm. there should conspire his death that upon his For the first, I will vouch you the very words recovery of his kingdom, such a subject might by which I find in that notable case of the duchy, the law of England be proceeded with for treason where the of question was, whether the grants committed and perpetrated at what time he had King Edward VI. for duchy lands should be no kingdom, and in place where the law did not avoided in points of nonage ? The case, as your bind. lordships know well, is reported by Mr. Plowden That allegiance is in vigour and force where as the general resolution of all the judges of Eng the power of law hath a cessation, appeareth no land, and the king s learned counsel, Rouswell
:
his natural person, as it makes it differ from other the natural persons of his subjects : so so upon "e converso," his natural body worketh
silent leges inter tably in time of wars, for anna." And yet the sovereignty and imperial
"
the solicitor only excepted ; there I find the said words, Comment, fol. 215. "There is in the
power of the king
so far from being then extin guished or suspended, as contrariwise it is raised and made more absolute ; for then he may proceed
is
king not a body natural alone, nor a body politic alone, but a body natural and politic together: corpus corporatum in corpore naturali, et corpus
by
his supreme authority, and martial law, with out observing formalities of the laws of his king dom. And, therefore, whosoever speaketh of
The like I find naturale in corpore corporate." in the great case of the Lord Berkley, set down by
the
same
reporter,
Comment,
fol.
234.
"
Though
laws, and the king s power by laws, and the sub jects obedience or allegiance to laws, speak but of one-half of the crown. For Bracton, out of
Justinian, doth truly define the crown to consist of laws and arms, power civil and martial, with
there be in the king two bodies, and that those two bodies are conjoined, yet are they by no means confounded the one by the other."
the latter whereof the law doth not intermeddle
Now, then, to see the mutual and reciprocu intercourse, ns I may term it, or influence or com munication of qualities, that these bodies hav
the one
so as where
it
is
much spoken,
that the subjects
upon the other
the body politic of the
VOL. II.- 23
178
crown induceth the natural person of the king son of the king hath not only an operation in tlje with these perfections: That the king in law oa*e of his wife and children, bat likewise in th* shall never be said to be within age: that his case of his subjects, which is the very -i-timi
qu<
invade England, be a lehel and no enemy, not only as to the king, but as to the subject! Or can any letters of mart or reprisal be granted against a Scotsman that shall spoil tural persons, too long to rehearse, the rather bean Englishman s goods at sea ? And certainly cause the question labourethnot in that part. But, this case doth press exceeding near the principal on the contrary part, let us see what operations case ; for it proveth plainly, that the natural perthe king s natural person hath upon his crown son of the king hath such a communication of and body politic; of which the chiefest and qualities with his body politic, as it makes the greatest is, that it causeth the crown to go by subjects of either kingdom stand in another de descent, which is a thing strange and contrary to gree of privity one towards the other, than they the course of all corporations, which evermore did before. And so much for the second proof. take in succession and not by descent; for no For the five acts of parliament which I spoke man can show me in all the corporations of Eng of, which are concluding to this question, The first of them is that concerning the banish land, of what nature soever, whether they con sist of one person or of many ; or whether they be ment of Hugh Spencer, in the time of King Ed or ecclesiastical, any one takes to him ward II., in which act there is contained the temporal and his heirs, but all to him and his successors. charge and accusation whereupon his exile proAnd, therefore, here you may see what a weak ce^ded. One article of which charge is set down course that is, to put cases of bishops and parsons, in these words: "Homage and oath of the sub and the like, and to apply them to the crown. ject is more by reason of the crown tlran by rea For the king takes to him and his heirs in the son of the person of the king ; so that if the king manner of a natural body, and the word, succes doth not guide himself by reason in right of the sors, is but superfluous: and where that is used, crown, his lieges are bound by their oath to the
:
1
j j
and that if he were attainted before, the very assumption of That the king shall not the crown purgeth it. take but by matter of record, although he take in That his natural capacity as upon a gift in tail. his body in law shall be said to be as it were imfor there is no death of the king in law, mortal; with many other but a demise, as it is termed the like privileges and differences from other nablood shall never be corrupted
:
in hand.
As
for
example,
is
put this case:
Can
a subject to the natural person of the king, and not to the crown of England ; can
Scotsman,
who
I
a Scotsman,
say, be an
the subjects of
England
enemy by the law to Or must he not of rie-
cessity, if he should
"the
that is ever duly placed king, his heirs, and
after
the
word
heirs,
crown
to
remove the
king."
successors."
"
uxor et filius Again, no man can deny but A corporation can have sunt nomina naturae." no wife, nor a corporation can have no son how is it then that it is treason to compass the death There is no part of the queen or of the prince?
:
act doth plainly appear the perilous consequence of this distinction concerning the And yet I do person of the king and the crown.
By which
acknowledge justly and ingeniously a great dif ference between that assertion and this, which is
now
rable,
maintained
"aliud
for
it
is
one thing
to
make
and
of the body politic of the crown in either of them, out it is entirely in the king. So likewise
things distinct, another thing to
make
thorn sep::-
estdistinctio, aliud
separatio;"
Lord Berkley, the question was, whether the statute of 35 Henry VIII. for that part which concerned Queen Catha rine Pars jointure, were a public act or no, of
find in
we
the case of the
therefore I assure myself, that those that now use and urge that distinction, do as firmly hold, that
crown
the subjection to the king s person and to the are inseparable, though distinct, as I do.
which the judges ought to take notice, not being and judged a public act. So the like ; question came before your lordshjip, my lord chancellor, in Serjeant Heale s case whether the
pleaded
:
And
it is
true that the poison of the opinion and
assertion of Spencer is like the poison of a scor pion, more in the tail than in the body ; for it is the
!
inference that they make, which
is,
that the king
Edward III., concerning the entailing may be deposed or removed, that is the treason and of the dukedom of Cornwall to the prince, were a disloyalty of that opinion. But, by your leave, the public act or no; and ruled likewise a public act. body is never a whit the more wholesome meat for
statute of
1 1
,
Why 1 no man can affirm but these be operations of law, proceeding from the dignity of the natural person of the king; for you shall never find that
mother corporation whatsoever of a bishop, or master of a college, or mayor of London, worketh *ny thing in law upon the wife or son of the And to conclude this bishop or the mayor. point, and withal to come near to the case in question. I w ll show you where tht na .ural per:
j
belonging to it therefore we see an opinion from which But a man may easily slide into an absurdity. this act of parliament I will only note one upon circumstance more, and so leave it, which may add authority unto it in the opinion of the wisest; and that is, that these Spencers were not ancient nobles or great patriots, that were charged and prosecuted by upstarts and favourites: for then it
having such a
that is
tail
"locus lubricus,"
CASE OF THE
might he
flatterers,
UST-.N ATI
OF SCOTLAND.
fnre,
\\
179
two acts do I likewise 111., which hath been
said, that
it
was but
tun h.-tion of
some
Ami, then
ith
these
wlio used to extol
to In
infinite:
but
it
archs couple the tin- power of n was contrary; a pro-iivuti"ii alleged of
act of 11 l-M
ward
of
si)
tli.
sr persons being favourite.- liy tin- nobility ; as tbe nobility themselves, which srl.li/m ilu
tin;
For, by collating of that act with this former two, the truth of that \se allirm will the more e-idcntly appear, according
the other side.
subscribe, to
i)|iiiiinn
of an inliuitr
power of
inonarrhs, yet even they could not endure, but their blood did rise to hear that opinion, that subjection
tli.-
is
owing
to the
crown
rather than to
The second
-i
,
person of the king. act of parliament which determined
is the act of recognition in the first year majesty, wherein you shall find, that in two several places, the one in the preamble, the
of
liis
other in the body of the act, the parliament doth and -"guise that these two realms of England
r<
opposita juxta se poita That act of 14 is an act ..f These two acts formerly recited are separation. acts tending to union. This act is an act that maketh a new law; it is by the words of grai.t and establish. These two acts declare the com mon law as it is, being by words of recognition and confession. And, therefore, upon the difference of these laws you may substantially ground this position: That the common law of England, upon the adjunction
.
unto the rule of reason
magis
clucesunt."
Scotland are under one imperial crown. The parliament doth not say under one monarchy or king, which might refer to the person, but under one imperial crown, which cannot be applied but
to the
of any kingdom unto the King of England, doth make some degree of union in the crowns and
kingdoms themselves except by a

;
special act of
parliament they be dissevered.

Lastly, the fifth act of parliament which I pro mised, is the act made in the 42 of E. III. cap. 10, which is an express decision of the point in
question.
tition
sovereign power of regiment, comprehending both kingdoms. And the third act of parliament
the act
is
made
in the fourth year of his majesty s

:
wherein reign, for the abolition of hostile laws your lordships shall find likewise in two places,
that the parliament doth acknowledge, that there is a union of these two kingdoms already begun
The words are, "Item, (upon the pe put into parliament by the commons,) that infants born beyond the seas in the seigniories of Calais, and elsewhere within the lands and seig
majesty s person: so as, by the declaration of that act, they have not only one king, but there is a union in inception in the kingdoms them
in his
niories that pertain to our sovereign lord the king beyond the seas, be as able and inheritable for
their heritage in
England, as other infants born

it
selves.
within the realm of England,

are
is
accorded that
These two
judgments
in parliament
by way the common law and the

be
holden."
statute formerly
made
of declaration of law, against which no man can speak. And certainly these are righteous and
true judgments, to be relied
upon
not only for the
authority of them, but for the verity of them; for to any that shall well and deeply weigh the effects
"
Upon this act I infer thus much; first, that such as the petition mentioneth were naturalized, the practice shows then, if so, it must be either
: :
by common law or statute, for -so the words re of law upon this conjunction, it cannot but appear, port not by statute, for there is no other statute that although partesintegrales" of the kingdom, but 25 E. III., and that extends to the case of as the philosophers speak, such as the laws, the birth out of the king s obedience, where the
officers, the
parliament, are not yet
commixed
yet, nevertheless, there is but one
and the selfsame
fountain of sovereign power depending upon the ancient submission, whereof I spake in the be ginning; and in that sense the crowns and the
are truly said to be united. the force of this truth is such, that a grave and learned gentleman, that defended the contrary
it was by the com ergo" parents are English mon law, for that only remains. And so by the declaration of this statute at the common law,
"
kingdoms
And
within the lands and seig give you the very words again) that pertain to our sovereign lord the king, (it is not said, as are the dominions of England,) are as able
"all
infants, born
I
niories (for
and inheritable of
their heruarrtf in
England, as
England."
and go to precedents; for though the one do bind then naturalization and communication of privi more, yet the other sometimes doth satisfy more. did follow the person of the monarch ; but For precedents; in the producing and using of leges otherwise, since states were reduced to a more that kind of proof, of all others it behooveth them exact form: so as thus far we did consent; but to be faithfully vouched; for the suppressing or
still
opinion, did confess thus far: That in ancient times, when monarchies, as he said, were but heaps of people, without any exact form of policy ; that
other infants born within the realm of
What
can be more plain
And
so
leave statutes
from him in this, that these more wrought by time, and custom, and laws, are nevertheless still upon the first founda tion, and do serve only to perfect and corroborate the force and bond of the first submission, and in
I differ
ev.ict forms,
keeping back of a circumstance, may change thu case: and therefore I am determined to urge only such precedents, as are without all colour or scru ple of exception or objection, even of those
objections which I have, to my thinking, fully This is now, by the answered and confuted.
no sort
to
disannul or destroy
it.

providence of Cod, the fourth time that the line and Kings of England have had dominions and seig niories united unto them as patrimonies, and by descent of blood four unions, I say, there have
;
whether the possession be obtained peaceably OT But yet, nevertheless, because 1 will by war. utterly take away all manner oi evasion and
subterfuge,
in
l
I will
yet set apart that part of time,
and during the which the subjects of Gasri>i;_nip Normandy, in the person of William, commonly anc Guienne might be thought to be subdix d c.illrd the Conqueror. The second was of Gas- a reconquest. And therefore I will not meddle (ui^rnc, and Guienne, and Anjou, in the person of with the Prior of Shelley s case, though it hi an King Henry II.; in his person, I say, though by excellent case; because it was in the time of 27 several titles. The third was of the crown of. E. III.; neither will I meddle with any cases,
oeen inclusive with this
last.
first
l>\
;
The
was of
fourth of the
Of
France, in theperson of King Edward III. And the kingdom of Scotland, in his majesty. these I will set aside such as by any cavillation
records, or precedents, in the time of King II. V. or King H. VI., for the same reason; but will hold myself to a portion of time from the first uniting
can be excepted unto. First, I will set aside Normandy, because it will be said, that the difference of countries accruing by conquest, from coun
of these provinces in the time of King H. II. until the time of King John, at what time those pro vinces were lost ; and from that time again unto
the seventeenth year of the reign of King E. II., at what time the statute of "prserogativa regis"
annexed by descent, in matter of communi cation of privileges, holdeth both ways, as well of the part of the conquering kingdom, as the contries
was made, which altered the law in the point in and, therefore, that although Normandy hand. That btot.h in these times the subjects of Gas was nota conquest of England, yet England was a conquestof Normandy, and so a communication coigne, and Guienne, and Anjou, were naturalized
j
quered
of privileges between them. Again, set aside France, for that it will be said that although the king had a title in blood and by descent, yet that
title
it is
for inheritance in
England, by the laws of Eng
land, I shall manifestly prove; and the proof proceeds, as to the former time, which is our case,
in
was executed and recovered by arms, so as

a mixed
title
a very high degree

"
"a
minore ad
majus,"
and
of conquest and descent, and
as
therefore the precedent not so clear.
we say, a multo fortiori." For if this privilege of naturalization remained unto them when the
There remains then Gascoigne and Anjou, and countries were lost, and became subjects in pos I will reduce and abridge session to another king, much more did they enjoy For it will be it as long as thev continued under the king s to a time, to avoid all question. said of them also, that after they were lost and subjection.
that precedent likewise
recovered
of blood
"in
ore
gladii,"
that the ancient title
Therefore to open the state

,
of
this
point.
was extinct; and that the king was in After these provinces were, through the perturba upon his new title by conquest; and Mr. Walter tions of the state in the unfortunate time of King hath found a book case in 13 H. VI. abridged by John, lost and severed, the principal persons Mr. Fitz-Herbert, in title of Protection, plaoito" which did adhere unto the French, were attainted 56, where a protection was cast, quia profecturus of treason, and their escheats here in England But the people, that could not in Gasconiam" with the Earl of Huntingdon, and taken and seized. resist the tempest when their heads and leaders challenged because it was not a voyage royal and the justices thereupon required the sight of were revolted, continued inheritable to their posses the commission, which was brought before them, sions in England; and reciprocally the people of and purported power to pardon felonies and trea England inherited and succeeded to their posses
"
"
son, power to coin money, and power to conquer them that resist: whereby Mr. Walter, finding the word conquest, collected that the king s title at that time was reputed to be by conquest;
"
sions in Gascoigne, and were both accounted "ad fidem utriusque regis," until the statute of praero"
gativa regis;" wherein the wisdom and justice of the law of England is highly to be commended.
obiter" that For of this law there are two grounds of reason, wherein I may not omit to give answer, which law and truth provide, namely, the one of equity, the other of policy ; that that when any king obtaineth by war a country of equity was, because the common people were whereunto he hath right by birth, that he is ever in no fault, but, as the Scripture saith, in a like It was the in upon his ancient right, not upon his purchase case, "quid fecerunt oves istae?" by conquest ; and the reason is, that there is as cowardice and disloyalty of their governors that well a judgment and recovery by war and arms, deserved punishment, but what hath these sheep For war is a tri- done? And therefore to have puaished them, and as by law and course of justice. bnnal-seat, wherein God giveth the judgment. deprived them of their lands and fortunes, had been and the trial is by battle, or duel, as in the case unjust. That of policy was, because if the law
:
of
*
trial
of private right: and then

in
it
follows, that
whosoever cometh
remitter;"
by
eviction,
comes
in his
so as there will be no difference in
countries whereof the right cometh by descent,
had forthwith, upon the loss of the countries by an accident of time, pronounced th.- ]i..jii.- lor aliens, it had been a kind of accession of their so a greater right, and a disclaimer in them, and
CASE OK
difficulty tin statute
<>
Till;
OST-NATI OF
see
SCOTI,A\I>.
181
is
recover them.
And
weak
therefore
in this
we
The
authority after the statute
that
.f
Mr.
which altered the

time
.if
;i
l.uv
was
tJe.
in, uli-
in the
point, king, tli.it, as it

liis
Stamford, the best expositor nf a statute that hath been in our law a man of reverend judgment and
;
ined, despaired ever to recover
right,
and
therefore thought lifter to have a little present profit by escheats, than the continuance of his
excellent order in his writings; his words are in his exposition upon tin- branch of the statute
which we read
lii-f.
re.
"
l!y this
branch
it
should
claim, and the countenance of his right, by the admitting of them to enjoy their inheritance as
they
ilid
ie
ore.
appear, that at this time nun of Normandy, Gasroigne, (iuii nne, Anjou, and Britain, were inhe ritable within this realm, ns well as Englishmen,
therefore of this point being thus -neil, it resteth to prove our assertion ; that they were naturalized for tlie clearing whereof I shall need but to read the authorities, they he so direct and pregnant. The lirst is the very text of the
state
o|>i
The
statute uf "pnerogativa reîs.
liex habebitescaetas
fucrint,
de
terris
Normannorum, cujusûnque feodi

:
because that they were sometimes subjects to the. kings of England, and under their domini* n, until King John s time, as is aforesaid: and yet after his time, those men, saving such whose lands were taken away for treason, were still inheritable within this realm till the making of this statute ; and in the time of peace between the
salvo servitio, quod pertinet ad capitales doininos

feodi illius
ali<[iia
et
hoc similiter intelligendum
est, si
hoereditas desceridat alicui nato in partibus
transinarini3,etcujusante.cessoresfueruntad fidein regis Francis, ut tempore regis Johannis, et non
ad lidcin regis Angliaj, sicut contigit de baronia

Monumetaj,"
&c.
statute
it
two kings of England and France, they were answerable within this realm, if they had brought any action for their lands and tenements." So as by these three authorities, every one so plainly pursuing the other, we conclude that the subjects of Gascoigne, Guienne, Anjou, and the rest, from their first union by descent, until the
By which
the time of
King John
appears plainly, that before there was no colour of any
making of the
statute
of"
prerogative
regis,"
were
escheat, because they were the king s subjects in possession, as Scotland now is ; but only deter
inheritable in England, and to be answered in the king s courts in all actions, except it were in time
of war.
that
Nay, more, which
is
"
de
abundanti,"
mines the law from that time forward. This statute, if it had in it any obscurity, it is taken away by two lights, the one placed before it; and the other placed after it; both authors of great credit, the one for ancient, the other for late
the former is Bracton, in his cap. De exceptionibus," lib. 5, fol. 427, and his words are
the provinces were lost, and disannexde jure" ed, and that the king was but king over them, and not "de facto;" yet, nevertheless,
"
when
times
these
"
the privilege of naturalization continued. There resteth yet one objection, rather plausi ble to a popular understanding than any ways
forcible in
I
law
or learning,
which
is
a difference
Est etiam et alia exceptio quae tenenti competit ex persona petentis, propter defectum nationis, quae dilatoria est, et non perimit actionem, ut si quis alienigena qui fuerit ad fidem regis Fiar.ciae, et actionem instituat versus aliipuern,qui fuerit ad fidem regis Angliae, tali non respondeatur, saltern donee terrae fuerint communes."
:
"
taken between the kingdom of Scotland and these duchies, for that the one is a kingdom, and the other was not so; and therefore that those pro
vinces being of an inferior nature, did acknowledge our laws, and seals, and parliament, wnich the kingdom of Scotland doth not.
appeareth, that after the loss provinces beyond the seas, the naturaliza tion of the subjects of those provinces was in no
By
these words
it
oi the
sou extinguished, but only was
dm mg
saiiti
suspense the time of war, and no longer; for he

!
I
in
plainly, that the exception, which we call plea, to the person of an alien, was not peremp tory, but only dilatory, that is to say, during the
lime of war, and until there were peace concluded, which he terms by these words, "donee terrse luerint communes which, though the phrase seem somewhat obscure, is expounded by Bracton himself in his fourth book, fol. 297, to be of peace made and concluded, whereby the inhabitants of
:"
This difference was well givefi over by Mr. Walter; for it is plain that a kingdom and absolute dukedom, or any other sovereign estate do differ "honore," and not for divers potestate duchies and countries that are now, were some times kingdoms: and divers kingdoms that are now, were sometimes duchies, or of other inferior style wherein we need not travel abroad, since we have in our own state so notorious an instance of the country of Ireland, whereof King H. VIII. of
"
:"
late time,
was
the
first
that writ himself king, the
former style being lord of Ireland, and no more ; and yet kings had the same authority before, that e they h^ve had since, and the same nation thesan
marks of a sovereign
their
is
provinces might enjoy the profits ana truits of their lands in either place "communiter," that is, respectively, or as well tne one as the other so as it is clear they were no
I ]n<_rlaiid
aii
those
state, as their parliament, arms, their coins, as they now have: so as this too superficial an allegation to labour upon. And if any do conceive that Gascuigne and
:
Giuenne were governed by the laws of England

First that cannot be in
ali.
us in right, but only interrupted and debarred of buits in the king s courts in time of war.
reason
for
it
is
a true
ground, That wheresoever any prince s
title
onto
192
any country
CASE OF TIIK POST-NATI OF SCOTLAND.
is by law, he can never change the whither? Into the realm of England. And laws, for that they create his title; and, therefore, the seventh chapter, that erects the ports of no doubt those duchies retained their own laws ; Bourdeaux and Bayonne for the staple towns of which if they did, then they could not be subject wine ; the statute ordains, thatif any," but who ?
"
next, again, the fact or practice was otherwise, as appeareth by all consent of story and record : for those duchies
to the
laws of England.
And
English merchant, or his servants, shall buy or bargain otherwhere, his body shall be arrcstt by the steward of Gascoigne, or the constable of
"
<!
continued governed by the civil law, their trials by witnesses, and not by jury, their lands testa mentary, and the like. Now, for the colours that some have endeavour ed to give, that they should have been subordi nate to the government of England they were partly weak, and partly such as make strongly against them: for as to that, that writs of "ha
;
Bourdeaux
shall
:"
true,
for
the
officers
could not catch him in
Gascoigne
of England but what
become of him ? shall he be proceeded with within Gascoigne? No, but he shall be sent over into England into the Tower of London.
And
that
this doth
notably disclose the reason of
custom which some have sought to wrest the other way that custom, I say, whereof a form doth
:
beas corpus" under the great seal of England have gone toGascoigne, it is no manner of proof ; for that the king s writs, which are mandatory, and not writs of ordinary justice, may go to his subjects into any foreign parts whatsoever, and under what seal it pleaseth him to use. And as to that, that some acts of parliament have been
yet remain, that in every parliament the king doth appoint certain committees in the Upper House to
receive the petitions of Normandy, Guienne, and the rest; which, as by the former statute doth
appear, could not be for the ordering of the govern ments there, but for the liberties and good usage
of the subjects of those parts

hither, or
"
when
they
came
wherein the parliaments of England have taken upon them to order matters of Gascoigne if those statutes be well looked into, nothing doth more plainly convince the contrary, for they in termeddle with nothing but that that concerneth
cited,
:
vice
versa,"
for the restraining of the
abuses and misdemeanours of our subjects when they went thither. Wherefore I am now at an end. For us to
either the English subjects personally, or the ter ritories of England locally, and never the subjects
speak of the mischiefs, I hold it not fit for this we should seem to bend the laws to policy, and not to take them in their true and
place, lest
of Gascoigne : for look upon the statute of 27 E. natural sense. It is enough that every man knows, III. cap. 5 ; there it is said, that there shall be no that it is true of these two kingdoms, which a good
forestalling of wines.
But by
whom ? Only
by father said of the churches of Christ:
"si
inse-
not a word of the subjects of parabiles insuperabiles." Some things I may Gascoigne, and yet no doubt they might be of have forgot, and some things, perhaps, I may fenders in the same kind. forget willingly; for I will not press any opinion
English merchants
So
into
in
the
sixth
chapter
it
merchants Gascoignes
may
;
what part
it
shall please
them
is said, that all or declaration of late time which may prejudice safely bring wines the liberty of this debate; but "ex dictis, et ex : here now are non dictis," upon the whole matter I pay judg
the persons of Gascoignes
but then the place ment for the
plaintiff.
TRACTS RELATING TO IRELAND.

CERTAIN CONSIDERATIONS
THE PLANTATION
IN IRELAND.
PRESENTED TO HIS MAJESTY, 1G06.
TO THE KING.
IT seemeth God hath reserved to your majesty s wherein likewise your majesty hath yet a fortune times two works, which amongst the works extraordinary, and differing from former examples For most part of unions and of kings have the supreme pre-eminence; the in the same kind. For plantations of kingdoms have been founded in union, and the plantation of kingdoms.
although
or recover
be a great fortune for a king to deliver the effusion of blood : but your majesty shall in solo puro, et in area pura," that shall his kingdom from long continued build calamities: yet, in the judgment of those that need no sacrifices expiatory for blood ; and there have distinguished of the degrees of sovereign fore, no doubt, under a higher and more assured
it
"
honour, to he a founder of estates or kingdoms,

excelleth all the rest.
to
blessing.
Wherefore, as
adventured,
when
to
For, as in arts and sciences,
was less known and
less particularly
bound
your
amplify
is more than to illustrate or majesty, than since by your undeserved favour I in the works of God, the creation have been, to write somewhat touching the union, the preservation ; and as in the which your majesty was pleased graciously to is greater than works of nature, the birth and nativity is more accept, and which since I have to my power than the continuance: so in kingdoms, the first seconded by my travails, not only in discourse,
be the
:
first
inventor
and as
foundation or plantation
is
of more noble dignity
but in action
so I
am
thereby encouraged to do
and merit than
all
that followeth.
Of which
foundations there being but two kinds; the first, that maketh one of more; and the second, that ability, discern the strength of my affection, and maketh one of none: the latter .resembling the the honest and fervent desire I have to see your
the like, touching this matter of plantation ; hoping that your majesty will, through the weakness of my
de nihilo ad creation of the world, which way and the former, the edification of the quid:"
"
majesty s person, name, and times, blessed and exalted above those of your royal progenitors.
church, which was "de multipliciad simplex, vel And I was the rather invited this to do, by the it hath ad unum pleased the divine providence, remembrance, that when the lord chief justice in singular favour to your nrajesty, to put both deceased, Popham, served in the place wherein I these kinds of foundations or regenerations into now serve, and afterwards in the attorney s place;
:"
your hand
Britain
;
the one, in the union of the island of : the other, in the plantation of great and noble parts of the island of Ireland. Which
he laboured greatly in the last project, touching the plantation of Munster: which, nevertheless, as it seemeth, hath given more light hy the errors once happily accomplished, then thereof, what to avoid, than by the direction of the enterprises being that which was uttered by one of the best orators, same, what to follow. O fortunatam natam in one of the worst verses, First, therefore, I will speak somewhat of the me consule Romam may be far more truly and excellency of the work, and then of the means to
"
!"
properly applied to your majesty s acts

tf
rri_n>
"natam
Hritanniam; natam
Hiberniam."
For he
compass and effect it. For the excellency of the work,
will divide
it
spake improperly of deliverance and preservation; into four nohle and worthy consequences that will but in these acts of yours it may be verified more follow thereupon. The first of the four, is honour; whereof I have naturally. For indeed unions and plantations are
the very nativities of birth-days of
kingdoms
spoken enough already,
-tere it not that the
harp
183
184
of Ireland puts
figure
OF THE PLANTATION IN IRELAND.

mind of that glorious emblem uf foreigners, which the weakness of that king wisdom of antiquity did dom hat!) heretofore invited wherein hall not and shadow out works of this nature. need to fetch reasons afar off, either for the gene
in
:
me
or allegory, wherein the
For the poets feigned that Orpheus, by the virtue ral or particular. For the general, because no and sweetness of his harp, did call and assemble thing is more evident than that, which one of the the beasts and birds, of their natures wild and Romans said of Peloponnesus: "Testudo intra
savage, to stand about him, as in a theatre; for getting their affections of fierceness, of lust, and of prey ; and listening, to the tunes and harmonies of the harp ; and soon after called likewise the
:
tegiimen tuta est;" the tortoise is safe within her but if she put forth any part of her body, then it endangereth not only the part which is so put forth, but all the rest. And so we see in
shell
:
stones and woods to remove, and starvd in order armour, if any part be left naked, it puts in ha about him which fable was anciently interpreted zard the whole person. And in the natural body of the reducing and plantation of kingdoms;! of man, if there be any weak or affected part, it is when people of barbarous manners are brought to enough to draw rheums or malign humours unto
i
give over and discontinue their customs of revenge and blood, and of dissolute life, and of theft, and of rapine; and to give ear to the wisdom of laws
it,
to the interruption of the health of the
whole
body.
and governments; whereupon immediately fol-| loweth the calling of stones for building and habitation ; and of trees for the seats of houses, orchards, enclosures, and the like. This work, therefore, of all other most memorable and honour able, your majesty hath now in hand ; especially,
if
And for the particular, the example is too fresh, that the indisposition of that kingdom hath been a continual attractive of troubles and infesta
tions
upon this estate ; and though your majesty s greatness doth in some sort discharge this fear, with your increase of power it cannot be, but yet
envy is likewise increased. The fourth and last consequence is the great your majesty join the harp of David, in cast ing out the evil spirit of superstition, with the profit and strength which is like to redound to casting out desolation and your crown, by the working upon this unpolished harp of Orpheus, i barbarism. part thereof: whereof your majesty, being in the The second consequence of this enterprise is, strength of your years, is like, by the good plea the avoiding of an inconvenience, which commonly sures of Almighty God, to receive more than the and your posterity a growing and attendeth upon happy times, and is an evil effect first-fruits For this of a good cause. The revolution of this present springing vein of riches and power. age seemeth to incline to peace, almost generally island being another Britain, as Britain was said in these parts; and your majesty s most Christian to be another world, is endowed with so many dow and virtuous affections do promise the same more ries of nature, considering the fruitfulness of the
;
An effect of especially to these your kingdoms. peace in fruitful kingdoms, where the stock of
people, receiving no consumption nor diminution by war, doth continually multiply and increase,
the ports, the rivers, the fishings, the quarries, the woods, and other materials ; and especially the race and generation of men, valiant, hard, and active, as it is not easy, no, not upon the con
soil,
must
in the
end be a surcharge or overflow of
tinent, to find
people, more than the territories can well maintain ; which many times insinuating a general necessity and want of means into all estates, doth turn
external peace into internal troubles and seditions. what an excellent diversion of this incon-
the hand of
[
man
such confluence of commodities, if did join with the hand of nature.
So, then, for the excellency of the work, in point of honour, policy, safety, and utility, here I
cease.
Now
venience
is
ministered, by
in
this
God
s providence, to
,
your majesty, wherein so many and fortunes ; and the discharge of them also out grave and prudent council of estate here; which of England and Scotland may prevent many seeds knew the pulses of the hearts of people, and the so that it is, as if a man ways and passages of conducting great actions; of future perturbations were troubled for the avoidance of water from the besides that which is above all, which is that built his house, and after fountain of wisdom and universality which is in place where he hath wards should advise with himself to cast those yourself ; yet, notwithstanding, in a thing of so waters, and to turn them into fair pools or streams, public a nature, it is not amiss for your majesty to So shall your hear variety of opinion for, as Demosthenes saith tor pleasure, provision, or use.
!
plantation of Ireland ; families may receive sustentation
For the means to effect this work, I know your majesty shall not want the information of persons expert and industrious, which have served you nor the advice of a there, and know the region
:
majesty in this work have a double commodity, in the avoidance of people here, and in making use of them there.
well, the good

I
sometimes put do think therefore the means of accomplish The third consequence is the great safety that ing this work consisteth of two principal parts. ii like to grow to your majesty s estate in general The first, the invitation and encouragement of un order and policy of the discomfiting all hostile attempts dertakers ; the second, the by this act:
<u
fortune of a prince or state doth a good motion into a fool s mouth.
OF
project itself.
I
Till! 1M.
\NTATIO.N IN IltKLAND.
185
Fur as
in
.ill
M re
is
somewhat
tin:
that
i;iv<
engines of the hand tii the motion airl
,vise
bundation made upon matter of pleasure, other* than that the very general desire of novelty
guide and govern and experiment in some stirring natures may engines work somewhat; and therefore it is the other two former of these, there is no points, of honour and profit, whereupon we are on-state. douht, but next unto the providence and finger of wholly to rest. For honour or countenance, if I shall mention God, which wrileth these virtues and excellent ilesires m the tables of your majesty s heart; your to your majesty, whether in wisdom you shall
force,
ilif
ami
rrst serveth to
same
so
it is
in these enterprises or
As
for tin-
priinos motor" in this authority and affection is cause; and therefore the more strongly and fully
"
think convenient, the better to express your affec tion to the enterprise, and for a pledge thereof, to
of Ulster to the prince s titles, I your majesty shall declare yourself in it, the more add the earldom shall but learn it out of the practice of King shall you quicken and animate the whole proceed Edward I., who first used the like course, as a is an action, which is as the wor For this ing. an the better to restrain the country of Wales : thiness of it doth bear it, so the nature of it recarried in some height of reputation, and, I take it, the Prince of Spain hath the addi quireth it to be and fit, in mine opinion, for pulpits and parlia tion of a province in the kingdom of Naples: and ments, and all places to ring and resound of it. other precedents I think there are and it is like For that which may seem vanity in some things, I to put more life and encouragement into the
:
mean matter of fame, is of great efficacy in this case. But now let me descend to the inferior spheres,
undertakers.
Also, considering the large territories which are and speak what co-operation in the subjects or to be planted, it is not unlike your majesty will be raised and kindled, and by think of raising some nobility there ; which, if it undertakers may what means. Therefore, to take plain grounds, be done merely upon new titles of dignity, hav which are the surest: all men are drawn into ac ing no manner of reference to the old ; and if it tions by three things, pleasure, honour, and profit. be done also without putting too many portions But before I pursue these three motives, it is fit into one hand and, lastly, if it be done without in this place to interlace a word or two of the any great franchises or commands, I do not see wherein my opinion any peril can ensue thereof. As, on the other side, quality of the undertakers
: :
simply
that if your majesty shall make these portions of land which are to be planted, as re wards or as suits, or as fortunes for those that are
is,
it is
like
it
may draw some
persons of great estate
in want,
and are
likeliest to
seek after them; that
they will not be able to go through with the charge of good and substantial plantations, but
will
"deficere
in
operemedio;"
and then
"
this
work
will
succeed, as Tacitus saith,

r
acribus
and means into the action, to the great further ance and supply of the charges thereof. And, lastly, for knighthood, to such persons as have not attained it; or otherwise knighthood, with some new difference and precedence, it may, no doubt, work with many. And if any man think, that these things which I propound, are
So that this must rather "aliquid nimis" for the proportion of this action, be an ad venture fo such as are full, than a setting I confess plainly, that if your majesty will have that are low of means; for those men it really and effectually performed, my opinion is, up of those indeed are fit to perform these undertakings, you cannot bestow too much sunshine upon it. which were fit to purchase dry reversions after For "lunae radiis non maturescit botrus." Thus much for honour. lives or years, or such as were fit to put ou
initiis, fine incurioso."
returns. For profit, it will consist in three parts do not say, but that I think the undertakers First, The easy rates that your majesty shall themselves will be glad to have some captains, or be pleased to give the undertakers of the land
money upon long

I
men
of service, intermixed
among them
for their
they shall receive.
safety; but I speak of the generality of under takers, which I wish were men of estate and plenty.
Secondly,
The
liberties
which you may be
Now,
therefore,
it
aforesaid three motives.
followeth well to speak of the For it will appear the
When I speak of pleased to confer upon them. liberties, I mean, not liberties of jurisdiction, as counties palatine, or the like, which it seemeth
hath been the error of the ancient donations and plantations in thatcountry, but I mean only liber
ties
more, how necessary it is to allure by all means since those men will be least fit, undertakers winch are like to be most in appetite of them
:
selves; and those most

desire
it.
fit,
which
are like least to
tending to commodity as liberty to transport any of the commodities growing upon the countries new planted liberty to import from hence all
; ;
First, therefore, for pleasure ; in this region or tract of soil, there are no warm winters, nor
things appertainingto their necessary use, customfree; liberty to take timber or other materials iu
your majesty
orange
trees, nor strange beasts, or birds, or other
The
mass
points of curiosity or pleasure, as there are in the Indies and the like : so as there can be found no
s woods there, and the like. third is, ease of charge ; that the whols of charge doth not rest upon the private
purse of the undertakers.
VOL.
II.
24
186
OF THE PLANTATION IN IRELAND.

For although your majesty )mv that business. a grave and sufficient council in Ireland ; from and upon whom, the commissioners are whom,
to
For the two former of these, I will pass them over; because in that project, which with good diligence and providence hath been presented to your majesty by your ministers of that kingdom,
they are in
my opinion
well handled.
plies
have assistance and dependence; yet that sup not the purpose whereof I speak. For,
For the third, I will never despair, but that the considering, that upon the advertisements, as parliament of England, if it may perceive, that well of the comnvssioners, as of the council of this action is nt a flash, but a solid and settled Ireland itself, there will be many occasions to pursuit, will give aid to a work so religious, so crave directions from your majesty and your privy And the distribution council here, which are busied with a world of politic, and so profitable. of charge, if it be observed, falleth naturally into affairs it cannot but give greater expedition, and three kinds of charge, and every of those charges some better perfection unto such directions and
;
have his proper fountain respectively ought and issue. For as there proceedeth from your majesty s royal bounty and munificence, the gift of the land, and the other materials ; together with the endowment of liberties ; and as the charge
to
resolutions, if the matters may be considered of aforehand by such as may have a continual care of
the cause.
And
it
will be likewise a comfort
and
satisfaction to
may
principal undertakers, if they be admitted of that council.

is
some
which
is private, as building of houses, stocking of grounds, victual, and the like, is to rest upon the particular undertakers : so whatsoever is pub
Secondly, There
a clause wherein the under
takers are restrained, that they shall execute the plantation in person; from which I must dissent,
lic, as building of churches, walling of towns, if I will consent with the grounds I have already town-houses, bridges, causeways, or highways, taken. For it is not probable that men of great and the like, ought not so properly to lie upon means and plentiful estate will endure the travel, particular persons, but to come from the public diseasements, and adventures of going thither in estate of this kingdom ; to which this work is person but rather, I suppose, many will under like to return so great an addition of glory, take portions as an advancement for their younger
:
strength, and commodity. For the project itself, I shall need
to
less, in regard it is so considerately digested al ready for the county of Tyrone: and therefore
children or kinsfolks ; or for the sweetness of speak the the expectation of a great bargain in the end, when it is overcome. And, therefore, it is like
my
labour shall be but in those things wherein I shall either add to, or dissent from that which is set
they will employ sons, kinsfolks, servants, or tenants, and yet be glad to have the estate in themselves. And it may be, some again will join
their purses together,
down
tation
which will include five points or articles. mention a commission for this plan which of all things is most necessary, both to direct, and appease controversies, and the like. To this I add two propositions the one, that which perhaps is meant, though not expressed, that the commissioners should for certain times reside and abide in some habitable town of Ireland, near in distance to the country where the planta
;
and make as
it
were a part
First, they
:
nership or joint adventure; and yet man forth some one person by consent, for the executing of the plantation.
Thirdly, There
the project
is
main
too
point,
wherein
fear
made hath
much
of the line and
compass, and will not be so natural and easy to and execute, nor yet so politic and convenient that is, that the buildings should be sparsim" tion shall be ; to the end, both that they may upon every portion; and the castle or principal be more at hand, for the execution of the parts of house should draw the tenements and farms about their commission; and withal it is like, by draw it, as it were into villages, hamlets, or endships ; ing a concourse of people and tradesmen to such and that there should be only four corporate towns towns, it will be some help and commodity to the for the artificers and tradesmen. undertakers for things they shall stand in need My opinion is, that the buildings be altogether of: and, likewise, it will be a more safe place of in towns, to be compounded as well of husban receipt and store, wherein to unlade and deposit dries as of arts. My reasons are, such provisions as are after to be employed. First, When men come into a country vast, and The second is, that your majesty would make a void of all things necessary for the use of man s correspondency between the commission there, life, if they set up together in a place, one of and a council of plantation here: wherein I war them will the better supply the wants of another: rant myself by tho precedent of the like council work-folks of all sorts will be the more continu of plantation for Virginia; an enterprise in my ally on work without loss of time ; when, if work the opinion differing as much from this, as Amadis fail in one place, they may have it fast by de Gaul differs from Caesar s Commentaries. But ways will be made more passable for carriages to when I speak of a council of plantation, I mean those seats or towns, than they can he to a num some persons chosen by way of reference, upon ber of dispersed solitary places; and infinite other whom the labour may rest, to prepare and report helps and easements, scarcely to be comprehended things to tne council of estate here, that concern in cogitation, will ensue in vicinity and society of
:
"
LETTER RELATING TO IRELAND.

pr\ plr
:
167
is
jected, e*ery
!
A-hcroas, if they build scattered, as is pro man must have a cornucopia in himtn;
keep in his
to
own
hands, the more the work

first,
like
th>
prosper.
For,
the person liable to
must use which cannot but tilings breed much difficulty and no less waste.
for
;ill
state here to perform the plantation, is the imme diate undertaker. Secondly, the more his profil
Secondly, it will draw out of the inhabited dependeth upon the annual and springing com country of Ireland provisions and victuals, and modity, the more sweetness he will find in put many necessaries; because they shall be sure of ting forward manurance and husbanding of the utterance: whereas, in the dispersed habitations, grounds, and therefore is like to take more care
every
man must reckon only upon that that he orings with him, as they do in provisions of ships. Thirdly, the charge of bawnes, as they call
them, to be made about every castle or house, be spared, when the habitations shall be
of
it.
do not see that any persons are
Thirdly, since the natives are excluded, I like to be drawn
may
over of that condition, as are like to give fines, and undertake the charge of building. For I am persuaded, that the people transported will consist of gentlemen and their servants, and of labourers and hinds, and not of yeomen of any wealth. And, therefore, the charge of buildings, as well of the
congregated only into towns. And, lastly, it will be a means to secure the country against future perils, in case of any revolt and defection for by a slight fortification of no
:
tenements and farms, as of the capital houses

themselves,
dertakers.
is
great charge, the danger of any attempts of kierns and sword-men may be prevented ; the omission
like to rest
Which
will be
upon the principal un recompensed in the
of which point, in the last plantation of Munster, end to the full, and with much advantage, if they made the work of years to be but the spoil of make no long estates or leases. And, therefore, days. And if any man think it will draw people this article to receive some qualification.
it is
too far off from the grounds they are to labour, to be understood, that the number of the
Fifthly, I should think
it
requisite that
men
of
towns be increased accordingly; and, likewise, them be as in the centre, in re spect of the portions assigned to them for in the champaign countries of England, where the habita tion useth to be in towns, and not dispersed, it is no new thing to go two miles off to plough part and two miles compass will of their grounds
the situation of
; ;
experience in that kingdom should enter into some particular consideration of the charges and pro visions of all kinds, that will be incident to the
plantation ; to the end, that thereupon some ad vice may be taken for the furnishing and accom
modating them most conveniently, aiding private industry and charge with public care and order. Thus I have expressed to your majesty those take up a good deal of country. simple and weak cogitations, which I have had The fourth point, is a point wherein I shall dif in myself touching this cause, wherein I most fer from the project rather in quantity and pro humbly desire your pardon, and gracious accept There is allowed to the ance of my good affection and intention. For I portion, than in matter.
undertaker, within the five years of restraint, to alien a third part in fee farm, and to demise an
other third
hold
it
for a rule, that there

faithful
monarchs, from
belongeth to great servants, not only the
mangle the
opinion, the
forty years portions, and will be but a shift to

:
for
which
fear
will
tribute of duty, but the oblations of cheerfulness of heart. And so I pray the Almighty to bless
s care
;
make money
of two parts whereas, I am of this great action, with your majesty more the first undertaker is forced to your care with happy success.
;
;
and
LETTER
MR.
SECRETARY CECIL,
time hath some leisure
;
AFTER THE DEFEATING OF THE SPANISH FORCES IN IRELAND;* INCITING HIM TO EMBRACE THE CAR* OF REDUCING THAT KINGDOM TO CIVILITY, WITH SOME REASONS SENT ENCLOSED.
IT
presume to propound unto you that which and as one that cannot leave to love the state, though you cannot but see, yet I know MOT what interest soever I have, or may come to have whether you apprehend and esteem it in so high
will in
it
;
MAY PLEASE YOUR HONOUR, As one that wisheth you all increase of honour
"ad
aliud agendum;"
and as one that

tbi.
now
this
dead vacation a degree
that
is,
wa. wro.e
in 160.
,-
urself, of
sound honour and merit
for the best action of importation to her ma-
138
larity, that the riches
LETTER RELATING TO IRELAND.

I
of any occasion, or the tide of any opportunity, can possibly minister or offer; is the causes of Ireland, if and that they be taken by the right handle. For if the wound be not
my
letter, I
do think much letting blood,

morbi,"
"in
declinatione
is
against method of cure:
will but induce necessity, and exasperate despair: and percase discover the hollowness
and that
it
ripped up again, new foreign succours,

will
arid
come
I
recrudency by think that no physician

"
to a
of that which
to the best
natione morbi
go on much with letting of blood, in decli but will intend to purge and cor roborate. To which purpose I send you mine opinion, without labour of words, in the enclosed ; and sure I am, that if you shall enter into the
;"
is done already, which now blazeth show. For laglia s and proscriptions of two or three of the principal rebels, they are, no
doubt,
"jure
gentium,"
practised upon the banditti a side goeth down : and
lawful: in Italy usually best in season when ;
may do good
:
in
two
kinds
the one,
if
they take effect
the other, in
matter according to the vivacity of your own spirit, nothing can make unto you a more gainful
return.
For you shall make the queen

it is, is
s felicity
:
which may follow amongst the rebels But of all other points, to my themselves. understanding, the most effectual is, the well
the distrust
complete, which now, as
incomparable and for yourself, you shall show yourself as good a patriot as you are thought a politic, and make the world perceive you have not less generous ends, than dexterous delivery of yourself towards
your ends; and that you have as well true arts and grounds of government, as the facility of practice and negotiation ; and that you are as well seen in the periods and tides of estates, as in your own circle and way than the which, I suppose, nothing can be a better addition and ac cumulation of honour unto you. This, I hope, I
:
expressing or impressing the design of this state, upon that miserable and desolate kingdom; conj
taining the
same, between these two
lists
or
boundaries
the one, that the queen seeketh not an extirpation of that people, but a reduction ;
;
and
that,
now
she hath chastised them by her
royal power and arms, according to the necessity of the occasion, her majesty taketh no pleasure in effusion of blood, or displanting of ancient genera
,
tions.
is
may
that
may
in privateness write, either as a kinsman, be bold or as a scholar, that hath liberty

:
The other, that her majesty s princely care principally and intentionally bent upon the action of Ireland; and that she seeketh not so much the ease of charge, as the royal performance of the office of protection, and reclaim of those
her subjects : and, in a word, that the case is altered so far as may stand with the honour of the time past: which it is easy to reconcile, as in my
of discourse, without committing any absurdity. But if it seemeth any error in me thus to intromit
myself, I pray your honour to believe, I ever loved her majesty and the state, and now love yourself; and there is never any vehement love
without some absurdity, as the Spaniard well desuario con la calentura." So, desiring says : your honour s pardon, I ever continue.
"
showed. And, again, I do repeat, that her majesty s design be ex professo" to reduce wild and barbarous people to civility and jus
last note I
if
"
tice,
makes weakness
graces
;
as well as to reduce rebels to obedience, it turn Christianity, and conditions

utility to the
if
CONSIDERATIONS TOUCHING THE QUEEN SERVICE IN IRELAND.*

The
and justice, as
and so hath a fineness in turning upon point of honour, which is agreeable humour of these times. And, besides,
her
reduction of that country, as well to civility
to obedience and peace, which things, as affairs now stand, I hold to be insepa rable, consisteth in four points : 1. The extinguishing of the relics of the war. 2.
3.
majesty shall suddenly abate the lists of her forces, and shall do nothing to countervail it in point of reputation, of a politic proceeding, I doubt things may too soon fall back into the state
The recovery of the hearts of the people. The removing of the root and occasions new troubles.
Next to this ; adding reputation to in. the cause, by imprinting an opinion of her majesty s care and intention upon this action, is the taking
they were
of
away
4. Plantations and buildings. For the first ; concerning the places and times, and particularities of farther prosecution, in fact, I leave it to the opinion of men of war; only the difficulty is, to distinguish and discern the pro positions, which shall be according to the ends of the state here, that is, final and summary lowa-ds the extirpation of the troubles, from those, which, though they pretend public ends, yet may refer indeed to the more private and compendious ends of the council there or of the particular vemorfc or captains. But still, as I touched in {(
:
of reputation from the contrary side, by cutting off the opinion and expectation of foreign succours; to which purpose this enterprise of Al to the advertisement, giers, if it hold according and if it be not wrapped up in the period of this
summer, seemeth
demissa."
to
And
to the
be an opportunity "Cffilitus same purpose nothing can
be more fit than a treaty or a shadow of a treaty of a peace with Spain, which methinks should rumore be in our power to fasten at least tenus," to the deluding of as wise people as
"
Irish. Lastly, for this point; that which the ancients called "potestas facta redeundi ad sanitatem;" and which is but a mockery when
the
* Reiuscitatio, 264.
the
enemy
is
strong,
or
proud,
but
effectual
1.1
"I
Kll
RELATING TO IRELAND.
|
189
that is, a liberal proclama pardon to such as shall sub mit, and come in within a time prdixcil, anil of some farther reward, to such as shall bring tli.it one s sword others in may be sharpened hy another s, i* a mattrr of good experience, and now,
in
his declination;
;inil
tion of ijr.uT
And the hesitation in this point, I think, hath horn a irn-at casting back of tin- affairs then-. Neither it any Kii<rlish papist or recusant shall, for liherty
and fortunes thither
of his conscience, transfer his person, family, do I hold it a matter of ;
And percase, though think, will come in time. wish tbe exclusions of such a pardon exceeding
it
/Vw, yet
tli.
will not be safe to continue
some of
in in their
strength, but to translate

:
generations into England recompense and satisfaction here for their posses sions there, as the King of Spain did, by divers
tlicir
them and and give them
danger, but expedient to draw on undertaking, and to further population. Neither if Rome will cozen itself, by conceiving it may be in some degree to the like toleration in England, do I hold it a matter of any moment ; but rather a good mean to take off the fierceness and eagerness of the humour of Rome, and to stay further excom
To the effecting of all the families of Portugal. points aforesaid, and likewise those which fall within the divisions following, nothing can be in
time or matter, better than the sending of some commission of countenance, "ad res inspiciendas et componendas;" for it will be
priority, either
munications or interdictions for Ireland. But would go hand in hand with this, some course of advancing religion indeed, where the
there
people
is
capable thereof; as the sending over
some good preachers, especially of that sort which are vehement and zealous persuaders, and not
scholastical, to be resident in principal towns; endowing them with some stipends out of her majesty s revenues, as her majesty hath most
:
a very significant demonstration of her majesty s care of that kingdom ; a credence to any that shall come in and submit ; a bridle to any that shall
religiously and graciously done in Lancashire and shall apply their and the recontinuing and replenishing the college propositions to private ends ; and an evidence begun at Dublin, the placing of good men to be that her majesty, after arms laid down, speedily bishops in the sees there, and the taking care of pursueth a politic course, without neglect or the versions of Bibles and catechisms, and other and it hath been the wisdom of the books of instruction, into the Irish language; and respiration the like religious courses, both for the honour best examples of government. Towards the recovery of the hearts of the people, of God, and for the avoiding of scandal and insatisfaction here, hy the show of a toleration of in natura rerum." there be but three things,
have
their fortunes there,
"
Religion. 2. Justice and protection. 3 Obligation and reward.
1.
religion in
some
parts there.
For justice; the barbarism and desolation of

it is not possible they should find any sweetness at all of justice : if it should be, which hath been the error of times past, formal, and fetched far off from the state ; because
the country considered,
speak first of piety, and then of policy, all divines do agree, that if consciences be to be enforced at all, wherein yet they differ, two things must precede their enforcement the one, means of instruction ; the other, time of operation; neither of which they have yet had. Besides, till they be more like reasonable men than they yet are, their society were rather scandalous to the true religion, than otherwise ; as pearls cast before swine: for till they be cleansed from their blood, incontinency, and
For
religion, to
will require running up and down from process; and give occasion for polling and exactions by And fees, and many other delays and charges. therefore there must be an interim in which the justice must be only summary the rather, because safe for a time the country do it is fit and
it
:
which are now not the lapses of particular persons, but the very laws of the nation, they are incompatible with religion reformed. For policy, there is no doubt but to wrestle with them now, is
theft,
participate of martial government; and, therefore, or place I could wish in every principal town of habitation, there were a captain or govern
or; and a judge, such as recorders, and learned stewards are here in corporations, who may have a prerogative commission to hear and determine
directly opposite to their reclaiming, and cannot but continue their alienation of mind from this
Besides, one of the principal government. pretences, whereby the heads of the rebellion have prevailed both with the people, and with the foreigner, hath been the defence of the Catholic and it is this that likewise hath made religion the foreigner reciprocally more plausible with the rebel. Therefore a toleration of religion, for a time, nt definite, except it be in some principal towns and precincts, after the manner of some French edicts, seemeth to me to be a matter warrantable by religion, and in policy of absolute necessity.
:
and as near as "secundum sanam discretionem to the laws and customs of England ; and that by bill or plaint, without original writ; reserving from their sentence matter of freehold and inheritance, to be determined by a superior judge itinerant; and both sentences, as well of the bailiwick judge, as itinerant, to be re
;"
may be
versed, if cause be, before the council of the province to be established there with fit instruc
tions.
For obligation and reward it is true, no doubt, which was anciently said, that a state is contained and I in two words, premium" and "poena;"
;
"
(90
&
a
LETTKUS RELATING TO IRELAND.

i
j
persuaded, if a penny in the pound which hath surely, in mine opnon, either by agreeing tvitr for this kind of war is them; or by overruling them with a parliament en spent in puma," but "pcena," a chastisement of rebels, without n Ireland, which in this course of a politic proinfinite occasions will require fruit or emolument to this state, had been spent speedily in "praemio," that is, in rewarding, things had to be held, it will be fit to supply fit qualified per
r*
<
But to speak sons or undertakers. The other, that it be not never grown to this extremity. The keeping of the principal Irish left, as heretofore, to the pleasure of the under forwards. persons in terms of contentment, and without takers and adventurers, where and how to build cause of particular complaint ; and generally the and plant ; but that they do it according to a pre
carrying of an even course between the English and Iiish ; whether it be in competition or
script or formulary.
be in controversy, as if they were one nation, without that same partial course which hath been held by the governors and counsellors there, that some have favoured the Irish, and some
whether
it
For, first, the places, both maritime and inland, which are fittest for colonies or garrisons, as well for doubt of the foreigner, as for keeping the country in bridle, would be found,
surveyed, and resolved upon: and then that the patentees be tied to build in those places only,
to fortify as shall
it
contrary,
state.
is
one of the best medicines of that and
be thought convenient. And,
as for other points of contentment, as the countenancing of their nobility as well in this
And
lastly,
followeth of course, in countries of new populations, to invite and provoke inhabitants by

liberties
court as there
the imparting of knighthood
the
ample
and charters.
care of education of their children, and the like points of comfort and allurement ; they are things
TO SIR GEORGE VILLIERS. which fall into every man s consideration. For the extripating of the seeds of troubles, I SIR, I SEND you enclosed a warrant for my lady of suppose the main roots are but three. The first, Somerset s pardon, reformed in that main and the ambition and absoluteness of the chief of the
The second, the licentious families and septs. idleness of their kernes and soldiers, that lie upon
the country, by cesses and such like oppressions. And the third, the barbarous laws, customs, their
material point, of inserting a clause, [that she was not a principal, but an accessary before the fact,
by the instigation of base persons.] Her friends think long to have it despatched, which I marvel
not
at, for
brehon laws, habits of apparel, their poets or heralds that enchant them in savage manners, and
that in matter of life
moments
are
num
bered.
I
sundry other such dregs of barbarism and rebel which by a number of politic statutes of Ireland, meet to be put in execution, are already forbidden; unto which such additions may be made as the present time requireth. But the de ducing of this branch requireth a more particular notice of the state and manners there, than falls within my compass. For plantations and buildings, I do find it
lion,
do more and more take contentment in his
majesty s choice of Sir Oliver St. John, for his
deputy of Ireland, finding, upon divers confer ences with him, his great sufficiency ; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to
time, shall
service.
I
work a good
effect for his
majesty s
am wonderful
desirous to see that
kingdom
strange that in the last plot for the population of
flourish,
Munster, there were limitations
mesne, and
in tenancy
be erected,
how much in de how much in farm, and how much how many buildings should again, how many Irish in mixture should be
because it is the proper work and glory And his majesty of his majesty and his times. may be pleased to call to mind, that a good while since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate
to his
admitted, and other things foreseen almost to curiosity; but no restraint that they might not
build
"
remembrancer
per you.
in that business.
God
majesty s princely wisdom ever keep you and pros
sparsim"
at their pleasure
nor any con
dition that they should
defensible
make places fortified and which omission was a strange neglect

to
Your
true
and secureness,
my
understanding.
So as
for
1
and most devoted and bound en servant, FR. BACON.
this last point of plantations
and buildings, there
July, 1616.*
he two considerations which I hold most material ; the one for quickening, the other for assuring. The first is, that choice he made of such persons
TO
SIR
GEORGE VILLIERS.
government of towns and places, and such undertakers be procured, as be men gracious and well beloved, and are like to be well followed. Wherein for Munster, it may be, because it is not but that the former undertakers "res Integra
for the
;"
I THINK I cannot do better service towards the good estate of the kingdom of Ireland than to procure the king to be well served in the eminent places of law and justice; I shall therefore name
unto you for the attorney s place there, or for the

* Stephens
s
land interested, there will be
some difficulty
but
Second Collection,
p. 3.
LETTERS RELATING TO IRELAND.

olicitor s place, if the
.M
a gentleman of mine
Air.
new solicitor shall po up, own breeding and framing,
into matter of conscience.

will, out of the
so, that his majesty depth of his excellent wisdom and
(Jray s-Inn ; lie is horn to eiijlit hundred pounds a year; he is the eldest son of a most severe justicer, amongst the
Kdward WyitUngtOD* of
providence, think, and, as it were, calculate with himself, whether time will maKc more for the
cause of religion in Ireland, and be
still
more and
recusants of Lancashire, and a

for
l.iw
man most
able
more propitious
will not
and speech, and by
me
trained in the
make
or whether deferring remedies the case more difficult. For, if

;
King
s causes.
My
in love
lord deputy,
tion, is
much
by with the man.
my
I
descrip hear my
this hazardous course of proceeding, to tender the supply my absence, for the renewing of some oath to the magistrates of towns, proceed not, but former commissions for Ireland, and the framing die by degrees. And yet, to preserve the author of a new commission for the wards and the aliena ity and reputation of the former council, I would tions, which appertain properly to me as his have somewhat done ; which is, that there be a majesty s attorney, and have been accordingly proceeding to seizure of liberties ; but not by any referred by the lords. I will undertake that they act of Scire power, but by Quo warranto," or are prepared with a greater care, and better appli facias which is a legal course ; and will be the cation to his majesty s service in that kingdom, work of three or four terms ; by which time the than heretofore they have been ; and therefore of matter will somewhat cool. that I say no more. And for the instructions of But I would not, in any case, that the proceed the new deputy, they have been set down by the should be with both the towns, which stand two secretaries, and read to the board ; and being ing now in contempt, but with one of them only, things of an ordinary nature, I do not see but choosing that which shall be thought most fit. they may pass. For if his majesty proceed with both, then all the But there have been three propositions and towns that are in the like case will think it a counsels which have been stirred, which seem to common cause ; and that it is but their case to me of very great importance; wherein I think day, and their own to-morrow. But if his majesty myself bound to deliver to his majesty my advice with one, the apprehension and terror will and opinion, if they should now come in ques proceed not be so strong ; for they will think it may be tion. their case as well to be spared as prosecuted and The first is, touching the recusant magistrates this is the best advice that I can give to his ma of the towns of Ireland, and the commonalties in this strait; and of this opinion seemed themselves their electors, what shall be donel jesty lord chancellor to be. \Vhich consultation ariseth from the late adver my The second proposition is this It may be his tisements of the two lords justices, upon the will be moved to reduce the number of instance of the two towns, Limerick and Kil- majesty his council of Ireland, which is now almost fifty, kftiny ; in which advertisements they represent to twenty, or the like number; in respect the the danger only, without giving any light for the greatness of the number doth both embase the remedy; rather warily for themselves, than agree authority of the council, and divulge the busi ably to their duties and places. ness. Nevertheless, I do hold this proposition to In this point I humbly pray his majesty to be rather specious and solemn, than needful at remember, that the refusal is not of the oath of this time; for certainly it will fill the state full of allegiance, which is not enacted in Ireland, but discontentment; which in a growing and unset of the oath of supremacy, which cutteth deeper tled estate not to be.
Lord of Canterbury, and Sir Thomas Laque, should name one Sir John Beare, and some other majesty cannot begin too soon. Now, in my mean men. This man I commend upon my opinion, time will open and facilitate things for credit, for the good of his majesty s service. God reformation of religion there, and not shut up and ever preserve and prosper you. I rest lock out the same. For, first, the plantations Your most devoted going on, and being principally of Protestants, and most bounden servant, cannot but mate the other party in time also his FR. BACON. majesty s care in placing good bishops and 2 July, 16JC* divines, in amplifying the college there, and in looking to the education of wards and the like, as they are the most natural means, so are they TO SIR GEORGE VILLIERS, ABOUT IRISH AFFAIRS. like to be the most effectual and happy for the SIR, out of popery, without using the tem BECAUSE I am uncertain whether his majesty weeding so that, I think, I may truly con poral sword will put to a point some resolutions touching elude, that the ripeness of time is not yet come. Ireland, now at Windsor; I thought it my duty Therefore my advice in all humbleness is, that to attend his majesty by my letter, and thereby
; ;
time give his majesty advantage, what needeth But if time precipitation to extreme remedies! will make the case more desperate, then his
to
"
"
;"
ought
* Stepheni
Second Collection,
p. 5.
This
could wish
that his
majesty would
192
LETTERS RELATING TO IRELAND.

vince to another; whereupon
it is
appoint a select number of counsellors there, which might deal in the improvement of his reve
nue, being a thing not fit to pass through too many hands, and that the said selected number should have days of sitting by themselves, at
sent;
cipal
supposed, that
many that are planted in house and lands, will rather lose their entertainment than remove ; and
new men may have their pay, and yet the old be mingled in the country for the strength
thereby
thereof.
In this proposition two things may be feared ; may be handled at those the one, discontent of those that shall be put off; and so the rest begin to be disused, and the other, that the companies shall be stuffed sittings, Veterani." 1 wish yet retain their countenance without murmur or with "Tirones," instead of business of state
"
which the rest of the council should not be pre which being once settled, then other prin
disgrace.
The
seemeth
third
to
proposition,
if
as
it
it
is
wound
up,
therefore that this proposition be well debated ere Thus having performed that it be admitted.
can keep promise; for it is this, that a means may be found to rein force his majesty s army there by 500 or 1000 men; and that without any penny increase of charge. And the means should be, that there should be a commandment of a local removing, and transferring some companies from one pro
be pretty,
which duty binds me
to do, I commend you God s best preservation. Your most devoted and bounden servant,
to
FR. BACON.
Gorhambury, July
5,
1616.*
Stephens
Second Collection,
p.
TRACTS RELATING TO
SPAIN.
A REPORT
MADE
BY SIR FRANCIS BACON, KNIGHT,

IN OF A SPEECH DELIVERED BV
THE HOUSE OF COMMONS,

THE EABL OF
ROM
THE PETITION OF THE MERCHANTS UPON THE SPANISH GRIEVANCES.

PARLIAMENT 5 JACOBI.
AND it please you, Mr. Speaker, I do not find myself any ways botind to report that which passed at the last conference touching the Spanish grievances, having been neither employed to speak, nor appointed to report in that cause. But
therefore that he hoped his words sho ild receivn a benign interpretation ; knowing well that pur suit and drift of speech, and multitude of matter,
might breed words to pass from him beyond the compass of his intention; and therefore he placed because it is put upon me by a silent expectation, more assurance and caution in the innocency of grounded upon nothing, that I know, more than his own meaning, and in the experience of our
I was observed diligently to take notes ; I favours, than in any his wariness or watchfulness content, if that provision which I made for over his own speech. mine own remembrance may serve this House for This respective preface used, his lordship de a report, not to deny you that sheaf that I have in scended to the matter itself, which he divided into
that
am
haste bound up.
It
is true,
that one of his
ma
three considerations
sider of the petition.
First,
for
he said he would con
jesty s principal counsellors in causes of estate did use a speech that contained a world of mat
ter
;
As
it
proceeded from the merchants.

it
but
how
shall be able to
that world, therein I fear

shall
make a globe mine own strength.
of
Secondly,
As from them
was
offered to the
Lower House.
His lordship took the occasion of this, which And, thirdly, As from the Lower House it was now report, upon the answer which was recommended to the Higher House. In the first of these considerations there fell by us made to the amendments propounded upon
I
the
ship made, as I have collected themr in number, eight observations, whereof the three first respect that being now to make answer to a proposition ed the general condition of merchants ; and the of ours, as we had done to one of theirs, he wished five following were applied to the particular cii
it
bill of hostile laws; quitting that business with these few words ; that he would discharge our expectation of reply, because their lordships had no warrant to dispute. Then continuing his speech, he fell into this other cause, and said ;
out naturally a subdivision into the persons of the petitioners, and the matter and parts of the peti In the persons of the merchants his lord tion.
could be passed over with like brevity. But he cumstances of the merchants now complaining. did foresee his way, that it would prove not only His lordship s first general observation wa&, long, hut likewise hard to find, and hard to keep: that merchants were of two sorts; the one sought this cause being so to be carried, as above all no their fortunes, as the verse saith, per saxa, per
"
wrong be done
and, as it is said in the same place, exking s sovereignty and ignes authority : and, in the second place, no misunder tremos currit mercator ad Indos subjecting standing do ensue between the two Houses. And themselves to weather and tempest ; to absence. VOL. II .25 R 193
to the
"
;"
;"
194
and, as
tries
;
A REPORT OF THE SPANISH GRIEVANCES.

it
were, exile, out of their native coun
such
is
now
the confusion in the trade, as snop-
handicraftsmen become merchants being bound to no orders, seek base gifts and bribery, to procure favours at So as the honest there were others that took a more safe, but a less the hands of officers there. He merchant, that trades like a substantial merchant, generous course in raising their fortunes. taxed none, but did attribute much more respect and loves not to take servile courses to buy the
to arrest in entrances of
;
war
to foreign
keepers and
injustice and rigour in times of peace other sufferances and adventures.
and many there;
who
But
that
means by
to the former.
right due to
him by
the amity of the princes, can
The second general observation which his lord have no justice without treading in their steps. Secondly, His lordship did observe some im ship made was, that the complaints of merchants were usually subject to much error, in regard that probability that the wrongs should be so great, for the most part, but upon informa considering trading into those parts was never they spake, and that carried through many hands; and greater whereas, if the wrongs and griefs were tion
; ;
great trage dies upon no great ground. Whereof, towards the end of his speech he brought an instance of one
of matters done in remote parts factious factor might oftentimes
so as a false or
so intolerable and
make
them and voiced them,
continual, as they propound it would work rather a
general discouragement and coldness of trade in fact, than an earnest and hot complaint in words.
form of justice to be righted and that the more high articles do retain nevertheless their vigour inviolably ; and that the great bargain of the kingdom for war and peace may in nowise de the same person confessing, six pend upon such petty forfeitures, no more than in accordingly days after, to the lords, that she was indeed in common assurance between man and man it were her way homewards. fit that, upon every breach of covenants, there
:
"
trading into the Levant, that complained of an arrest of his ship, and possessed the council table with the same complaint in a vehement and bitter fashion ; desiring and pressing some present and expostulatory letters touching the same. Where upon some counsellors, well acquainted with the like heats, and forwardness in complaints, happensd to say to him out of conjecture, and not out of any intelligence, W~hat will you say if your ship, which you complain to be under arrest, be now under sail in way homewards Which fell out
?"
Thirdly, His lordship did observe, that
it is
course, howsoever it may be with a good intent, yet, of no small presumption, for merchants upon
their particular grievances to urge things tending to a direct war, considering that nothing is more
usual in treaties, than that such
mages and molestations of subjects
particular da are left to a
that although he granted that the wealth and welfare of the mer chant was not without a sympathy with the gene
ship
The third general made was this,
observation which his lord

in effect
;
should be limited a re-entry.

Fourthly, His lordship did observe, in the manner of preferring their petition, they had in
verted due order, addressing themselves to the For, considering that foot, and not to the head.
ral
stock and state of a nation, especially an is land ; yet, nevertheless, it was a thing too familiar
with the merchant, to make the case of his parti

cular profit, the public case of the kingdom. There follow the particular observations, which have a reference and application to the merchants
that trade to Spain and the Levant ; wherein his lordship did first honourably and tenderly ac knowledge that their grievances were great, that
they prayed no new law for their relief, and that it concerned matter of inducement to war or peace, they ought to have begun with his majesty unto
:
whose royal judgment, power, and
office,
did
properly belong the discerning of that which was desired, the putting in act of that which might
be granted, and the thanks be obtained.
for that
which might
they did multiply, and that they do deserve com but yet, nevertheless, that he passion and help must use that loving plainness to them as to tell
:
them that
their
in
many
own
miseries.
things they were authors of For since the dissolving of
Fifthly, His lordship did observe that as they had not preferred their petition as it should be, so they had not pursued their own direction as it was. For having directed their petition to the king, the lords spiritual and temporal, and the Commons
the company, which was termed the monopoly, in parliament assembled, it imported, as if they and was set: free by the special instance of this had offered the like petition to the lords which House, there hath followed such a confusion and they never did contrary not only to their own relaxation in order and government amongst direction, but likewise to our conceit, who pre
;
:
them, ô they do not only incur many inconve niences, and commit many errors, but in the pur suits of their own remedies and suits they do it so impoliticly, and after such a fashion as, except
lieger ambassadors, which are the eyes of kings in foreign parts should leave their sentinel, and
;
supposed, as it should seem, by some speech that passed from us at a former conference, that they had offered several petitions of like tenor to both Houses. So have you now those eight observa
tions, part general, part special,
which
his lord
become merchants
r.auses
factors,
can hardly prosper.
and solicitors, their And, which is more, the same.
ship made touching the persons of those which exhibited the petition, and the circumstances of
A
For the matter of
slii|i
KKPOKT OF THE SPANISH GRIEVANCES.

1
195
tin
ju -mimi
it
parti-
this manm r. grew fly in There is contained an article in the treaty be tween Spain and us, thai we shall not transport First, Of the complaints of wrongs in fact. Si (Mildly, ()t the complaints ofuron^ in law, any native commodities of the Low Countries into
made
this division, ili.u
itself, his lordconsist* tli of three
chants
\vtiicli
own
fuult
chi<
in
ministering the occasion,
Spain; nay, more, that we shall not transport any same countrn opificia, manufactures of the that if an English cloth take but a dye in the Low mart. it may not be transported by the Bn~ Countries, The wrongs in fact receive a local distribution lish. And the reason is, because even, those of three. In the trade to Spain, in the trade to manufactures, although the materials come from the West Indies, and in the trade to the Levant, other places, do yield unto them a profit and susConcerning the trade to Spain; although his tentation, in regard their people are set on work lordship did use much signification of compassion by them ; they have a gain likewise in the price; of the injuries which the merchants received; and and they have a custom in the transporting. All attributed so much to their profession and estate, which the policy of Spain is to debar them of; as from such a mouth in such a presence they being no less desirous to suffocate the trade of the ought to receive for a great deal of honour and Low Countries, than to reduce their obedience, comfort, which kind of demonstration he did This article the English merchant either doth not interlace throughout his whole speech, as pro- or will not understand but being drawn with his ceeding "ex abundantia cordis," yet, neverthe threefold cord of love, hate, and gain, they do less, he did remember four excusations, or rather venture to transport the Low Country commodi
as they
may be
law.-,
truly termed, that is, of the ine-
quality of
which do regulate the trade. And, thirdly, The remedy desired by letters of
extenuations of those wrongs.
was, that the injustices complained of were not in the highest degree, because they were and hard proceedings, and not inique sen delays wherein I tences, or definitive condemnations
first
:
The
ties of these natures, and so these arrests and troubles.
draw upon themselves
For the trade
discover unto us the state of
to the Indies, his lordship did it to be thus: the
called to
mind what I heard a great bishop say, that courts of justice, though they did not turn justice into wormwood by corruption, yet they
turned
policy of Spain doth keep that treasury of theirs under such lock and key, as both confederates, yea, and subjects, are excluded of trade into those
countries
Such no question,
minus."
into vinegar by delays, which soured it. a difference did his lordship make, which,
it
is
a difference
secundum majus
et
insomuch as the French king, who ; hath reason to stand upon equal terms with Spain, yet, nevertheless, is by express capitulation debar red. The subjects of Portugal, whom the state
of Spain hath studied by all means to content, are likewise debarred: such a vigilant dragon is there
that keepeth this golden fleece; yet, nevertheless, such was his majesty s magnanimity in the
Secondly, His lordship ascribed these delays, not so much to malice or alienation of mind to wards us, as to the nature of the people and nation, which is proud, and therefore dilatory for all proud men are full of delays, and must be waited
:
on; and especially to the multitudes and diversi ties of tribunals and places of justice, and the
debate and conclusion of the last treaty, as h* would never condescend to any article, importing the exclusion of his subjects from that trade : as
a prince that
would not acknowledge
that
any
number of the king s councils, which ever prove of necessity
of referrings, to be deferrings;
full
:
such right could grow to the crown of Spain by the donative of the pope, whose authority he disclaimeth
;
besides the great distance of territories all which have made the delays of Spain to come into a by word through the world. Wherein I think his
lordship
"
or
by the
title
of a dispersed
and
might allude
to
the proverb of Italy,
punctual occupation of certain territories in the name of the rest; but stood firm to reserve that point in full question to farther times and occa
Mi venga la morte di Spagna," Let my death sions; so as it is left by the treaty in suspense, come from Spain, for then it is sure to be long a neither debarred nor permitted: the tenderness and point of honour whereof was such, as they coming. Thirdly, His lordship did use an extenuation that went thither must run their own peril. Nay, of these wrongs, drawn from the nature of man, farther, his lordship affirmed, that if yet at this nemo subito fingitur." For that we must make time his majesty would descend to a course of an account, that though the fire of enmity be out entreaty for the release of the arrests in those
"
between Spain and us, yet it vapoureth the parts, and so confess an exclusion, and quit the utter extincting whereof must be the work of point of honour, his majesty might have them
:
j
time.
j
forthwith released.
this point very last
|
And
it
yet his lordship added,
But, lastly, his lordship did fall upon that extenuation, which of all the rest was most forcible; \\hi.-li was, that many of these wrongs were not
sustained
that the offences and scandals of
some had made
without some aspersion of the mer-
regard that thi voyage to Virginia, intended for trade where the Spaniard hath no peoand plantation,
worse than
was,
in
196
A REPORT OF THE SPANISH GRIEVANCES

become
infameo. for
pie nor possession, is already
Which words, howsoever
Witness Bingley, who first insinuating piracy. his purpose to be an actor in that worthy action
pirate,
the effects prove, are not suddenly to be requited with peremptory re solutions, till time declare the direct issue.
For the third part of the matter of the petition, which was the remedy sought by letters of mart, his lordship seemed desirous to make us capable of the inconvenience of that which was desired, hold. For the trade to the Levant, his lordship by setting before us two notable exceptions there opened unto us that the complaint consisted in unto the one, that the remedy was utterly in the one touching competent and vain the other, that it was dan offset but of two particulars
: : ;
of enlarging trade and plantation, is become a and hath been so pursued, as his ship is taken in Ireland, though his person is not yet in
consequence, to the whole state. For the weakness of the remedy, his lordship piracy ; the second, upon pretence of carrying wished us to enter into consideration what the ordnance and powder to the Turk. That process remedy was, which the statute of Henry the Fifth, concerning the Trial had been at the merchants which was now sought to be put in execution, which was thus ; That the instance drawn to a review in Spain, which is a gave in this case
the arrest of a ship called the Trial, in Sicily ; the other of a ship called the Vineyard, in Sardinia.
first
gerous and pernicious to our merchants, and, in
The
of which arrests
was upon pretence of
favour of exceeding rare precedent, being directly against the liberties and privileges of Sicily.
party grieved should first complain to the keeper of the privy seal, and from him should take
That of the Vineyard, notwithstanding

that nature, as,
if it
it be of letters unto the party that had committed the spoil, should be true, tendeth to the for restitution ; and in default of restitution to be great dishonour of our nation, whereof hold hath made upon such letters served, then to obtain of been already taken by the French ambassador the chancellor letters of mart or reprisal which residing at Constantinople, who entered into a circuit of remedy promised nothing but endless
:
scandalous expostulation with his majesty s am bassador there, upon that and the like transporta tions of munition to the Turk, yet nevertheless there is an answer given, by letters from the
fruitless delay, in regard that the first degree prescribed was never likely to be effected : it being so wild a chase, as to serve process upon the
and
wrongdoer in foreign parts. Wherefore his lord ambassador lieger in Spain, that there ship said, that it must be the remedy of state, shall be some course taken to give reasonable and not the remedy of statute, that must do good contentment in that cause, as far as may be : in in this case ; which useth to proceed by certi both which ships, to speak truly, the greatest ficates, attestations, and other means of informa mass of loss may be included ; for the rest are tion; not depending upon a privy seal to be mean, in respect of the value of those two vessels. served upon the party, whom haply they must
king
s
thus much his lordship s speech compre seek out in the West Indies. hended concerning the wrongs in fact. For the danger of the remedy, his lordship Concerning the wrongs in law; that is to say, directed our considerations to take notice of the the rigour of the Spanish laws extended upon his proportions of the merchants goods in either
And
majesty
gave
this
s subjects that traffic thither, his lordship answer. That they were no new sta
tutes or edicts devised for our people, or our times ; Suus but were the ancient laws of that kingdom
:
"
cuique mos." And, therefore, as travellers must endure the extremities of the climate, and temper should be taken to satisfy a few hot pursuitors of the air where they travel ; so merchants must here, all the goods of the English subjects in bear with the extremities of the laws, and temper Spain shall be exposed to seizure and arrest and Whereunto his we have little or nothing in our hands on this of the estate where they trade. And thus much, side to mend ourselves upon. lordship added, That our own laws here in Eng land were not exempted from the like complaints Mr. Speaker, is that which I have collected out of in foreign parts; especially in point of marine that excellent speech, concerning the first main causes and depredations, and that same swift part, which was the consideration of the petition alteration of property, which is claimed by the ad as it proceeded from the merchant. There followeth now the second part, consider miralty in case of goods taken in pirates hands. But yet that we were to understand thus much ing the petition as it was offered in this House. of Uie King of Spain s care and regard of our na- Wherein his lordship, after an affectionate com \ion ; that he had written his letters to all corre- memoration of the gravity, capacity, and duty, and other his ministers, which he generally found in the proceedings of gidois, officers of ports, to consider with declaringhis will and pleasure to have his majesty s this House, desired us nevertheless
:
stock of goods of the within his majesty s power and distress, is a trifle whereas the stock of English goods in Spain is a mass of mighty So as if this course of letters of mart value.
kingdom:
as
that the
is
Spaniard, which
subjects used with all freedom and favour; and with this addition, that they should have more
favour,
him,
how
it
was
possible that the entertaining
when
it
might be showed, than any
other.
and of this petitions concerning private injuries, nature, could avoid these three inconveniences;

the first, of injustice; the second, of derogation from his majesty s supreme and absolute power of concluding war or peace; and the third, of sumr prejudice in reason of estate.
that
"
19V
cerned the moneys, they might handle it and ex amine it hut touching the peace, he would do at
;
to
himself seemed good.
For injustice, it is plain, and cannot be denied, we hear hut the one part whereas the rule,
:
In the eighteenth year of King Edward III., the Commons petitioned, that they might have,
Audi alteram
partem,"
is
not of the formality,

:
the trial and proceeding with certain merchants strangers as enemies to the state. The king s
which is therefore but of the essence of justice figured with both eyes shut, and both ears open;
she should hear both sides, and respect So that if we should hap to give a right judgment, it might be" justum," but not "juste,"
liec.uise
j
answer was,
It should remain as king had taken farther order.
it
did
till
the
neither.
without hearing both parties. For the point of derogation, his lordship said, he knew well we were no less ready to acknowled ire than himself, that the crown of England
invested, amongst other prerogatives iot disputable, of an absolute determination and
:
III., the Commons complained that their trade with the Easterlings was not upon equal terms, which is one of the points insisted upon in the present
In the forty-fifth year of
King Edward
petition,
1
The king
In the
and prayed an alteration and reducement. s answer was, It shall be so as occasion

fiftieth
shall require.
>
was ever
year of the same king, the
ComThe
mons
king
power of concluding and making war and peace which that it was no new dotation, but of an ancient foundation in the crown, he would recite unto us a number of precedents in the reigns of several kings, and chiefly of those kings which come nearest his majesty s own worthiness ;| wherein he said, that he would not put his credit upon ciphers and dates; because it was easy to mistake the year of a reign, or number of a roll, but he would avouch them in substance to be
\ j j I
petitioned to the king for the subjects of Spain, as they

s
letter for
remedy against
now
do.
answer was, That he would write his remedy. Here is letters of request, no
mart:
"Nihil
letters of
petere."
potest nisi
eodem modo
In the same year, the merchants of York petitioned in parliament against the Hollanders, and desired their ships might be stayed both in England and at Calais.
The king
answer was,
perfect and true as they are taken out of the

records.
be declared unto the king s council, and they shall have such remedy as is according to
Let
it
By which
precedents
it
will
appear,
that petitions made in parliament to kings of this realm, his majesty s progenitors, intermeddling with matter of war or peace, or inducement there-
In the second year of King Richard II., the merchants of the sea-coast did complain of divers spoils upon their ships and goods by the SpaThe king s answer was, That with the unto, receive small allowance or success, but niard. were always put off with dilatory answers; some advice of his council he would procure remedy.
(
times referring the matter to their council, some times to their letters, sometimes to their farther
pleasure and advice, and such other forms; exj
His lordship cited two other precedents; the one, in the second year of King Henry IV., of a petition against the merchants of Uenoa; the
\
pressing plainly, that the kings meant to reserve matter of that natwe entirely to their own power
other, in the eleventh year of King Henry VI., of a petition against the merchants of the still-yard,
and pleasure.
In the eighteenth year of King Edward I., complaint was made by the Commons, against the
which
omit, because they contain no variety of
answer.
|
His lordship farther cited two precedents consubjects of the Earl of Flanders, with petition of cerning other points of prerogative, which are redress. The king s answer was, "Rex nihil likewise flowers of the crown ; the one, touching
:
aliud potest, quam eodem modo petere;" that is,; the king s supremacy ecclesiastical, the other, That the king could do no more but make request touching the order of weights and measures. The
to the Earl of Flanders, as request to
;
had been made former of them was in the time of King Richard II., him and yet nobody will imagine but King at what time the Commons complained against Edward the First was potent enough to have had certain encroachments and usurpations of the pope: his reason of a count of Flanders by a war; and and the king s answer was, "The king hath given yet his answer was, "Nihil aliud potest;" as order to his council to treat with the bishops giving them to understand, that the entering thereof." The other was in the eighteenth year into a war was a matter transcendent, that must of Edward I., at which time complaint was not depend upon such controversies. made against uneven weights: and the king * In the fourteenth year of King Edward III., the answer was, Voeentnr partesad placita reijis, Commons petitioned, that the would enter fr.it justitia whereby it appeared, that the kings
j j
i
l\m<_r
"
kiM<_r
;"
into certain covenants and capitulations with the
of this realm
in
Duke
a s
i
of Brabant
s
in
which
petition
then
was
inserted
somewhat touching
money
matter,
still used to refer causes petitioned parliament to the proper places of cognisance and decision. Hut for the matter of war and
The king
answer was. That
for that
which con- peace, as appears
in all
the former precedents,
198

it
the kings ever kept in the shrines of their
in
"
scrinio
pectoris,"
when
it
should be blown abroad
own
breast, assisted
and
than that
we
; rather, I say. did in any sort determine by thin
advised by their council of estate.
concur with us, nor approve the course; and therefore concluded, that it would not be amiss for us, for our better contentment, to behold the The Commons will not presume to conditions of the last peace with Spain, which answered, treat of so high a charge." Out of all which pre were of a strange nature to him that duly observes cedents his lordship made this inference, thai as them; no forces recalled out of the Low Coun
"
Inasmuch as his lordship did conclude his enumeration of precedents with a notable prece dent in the seventeenth year of King Richard II., a prince of no such glory nor strength ; and yet when he made offer to the Commons in parliament that they should take into their considerations matter of war and peace then in hand ; the Commons, in modesty, excused themselves, and
do that wrong to his highness s supreme power, which haply might be inferred by those that were rather apt to make evil than good
their overture, to
illations of our proceedings. lordships, for the reasons
And
before
yet, that their
made, must
plainly
tell
us, that they neither could nor
would
"
dies diem
docet,"
so by these examples wise
tries
no new
forces, as to voluntaries, restrained
go thither; so as the king may be in peace, and never a subject in England but may be in welcome hearing, or an effectual answer. war: and then to think thus with ourselves, that And for prejudice that might come of handling that king, which would give no ground in making and debating matter of war and peace in parlia his peace, will not lose any ground, upon just ment, he doubted not, but that the wisdom of this provocation, to enter into an honourable war. And
to
men will
be admonished to forbear those petitions to princes, which are not likely to have either a
did conceive upon what secret considera that in the mean time we should know thus much, and motives that point did depend. For that that there could not be more forcible negotiation there is no king which will providently and ma on the king s part, but blows, to procure remedy turely enter into a war, but will first balance his of those wrongs ; nor more fair promises on the own forces; seek to anticipate confederacies and King of Spain s part, to give contentment con alliances, revoke his merchants, find an opportu cerning the same; and, therefore, that the event nity of the first breach, and many other points, must be expected. if they once do but take wind, will And thus, Mr. Speaker, have I passed over the which, prove vain and frustrate. And, therefore, that this speech of this worthy lord, whose speeches, as I arcanum imperii," one of the have often said, in regard of his place and judg matter, which is highest mysteries of estate, must be suffered to be ment, are extraordinary lights to this House ; and his lordship adding, that have both the properties of light, that is, conduct kept within the veil he knew not well whether, in that which he had ing, and comforting. And although, Mr. Speaker, already said out of an extreme desire to give us a man would have thought nothing had been left to be said, yet I shall now give you account of satisfaction, he had not communicated more parti culars than perhaps was requisite. Nevertheless, another speech, full ot excellent matter and orna he confessed, that sometimes parliaments have ments, and without iteration: which, neverthe been made acquainted with matter of war and less, I shall report more compendiously, because but it was upon one of I will not offer the speech that wrong, as to report peace in a generality these two motives ; when the king and council it at large, when your minds percase and atten conceived that either it was material to have some tions are already wearied. declaration of the zeal and affection of the peo The other earl, who usually doth bear a principle ; or else when the king needed to demand part upon all important occasions, used a and aids for the charge of the wars ; speech, first of preface, then of argument. In his moneys wherein if things did sort to war, we were sure preface he did deliver, that he was persuaded that enough to hear of it: his lordship hoping that his both Houses did differ rather in credulity and be majesty would find in us no less readiness to sup lief, than in intention and desire : for it might be
House
tions
"
il
port
it
than to persuade
it.
their lordships did not believe the information so

far,
but yet desired the reformation as much. His lordship said farther, that the merchant state and degree of persons, not only to be lordship delivered thus much from their lord respected, but to be prayed for, and graced them that they were the con ships; that they would make a good construction with the best additions of cur desires, as those which they conceived did voys of our supplies, the vents of our abundance, rather spring out of a feeling of the king s Neptune s almsmen, and fortune s adventurers. His lordship proceeded and said, this question strength, and out of a feeling of the subjects wrongs nay, more, out of a wisdom and depth to was new to us, but ancient to them; assuring us,
Speaker, for the last part wherein his lordship considered the petition, as.it was re commended from us to the Upper House; his
Now, Mr.
was a
declare our forwardness, if need were, to assist

j
that the king did not bear in vain the device of
his majesty s future resolutions, which declaration might be o good use for his majesty s service,
Nemo me lacessit the thistle, with the word, and that as the multiplying of his kingimpune
"
;"
A siT.l-ril
rloms
CONCERNING wvu
so the
\\ITII sr-\l\
s
199
was, that
kin^<,
,!j<;
maketh him
m<r
feel
liis
own power;
His lordship
third reason
multiplying of
loves and aUei-tions
made him
80 love to imitate
primuiu
do not like to move For the arguments or reasons, they were five in in those things that they do most willingly intend, number, wliicli his lordship used for satisfying us yet they endure not to be prevented by request: why their li>rdsliij)s might not concur with us in whereof he did allege a notable example in King this petition. The first was the composition of our Kilwanl III., who would not hearken to the peti House, which he took in the first foundation tion of his Commons, that besought him to make
to feel inir jrriefs.
as that they in borrowed motions ; so that

mobile,"
thereof to be merely democratical, consisting of knights of shires and burgesses of towns, and in tended to be of those that have their residence,
vocation, and employment in the places for which tln-v M rve and therefore to have a private and
:
the Black Prince Prince of
Wales: but
yet, after
that repulse of their petition, out of his motion he created him.
own mere
wisdom, according to that compass, and so to examine or determine secrets of estate, which depend upon such variety of circum stances and therefore added to the precedent kings and give them
local
not
fit
His lordship s fourth reason was, that it might be some scandal to step between the king and his own virtue; and that it was the duty of subjects rather to take honours from king s servants and give them to kings, than to take honours from
to their servants
:
which he
formerly vouched, of
the seventeenth of
King
Richard II., when the Commons disclaimed to in termeddle in matter of war and peace; that their
did very elegantly set forth in the example of Joab, who, lying at the siege of Rabbah, and find ing it could not hold out, writ to David to come
answer was, that they would not presume to treat and take the honour of taking the town. And although of so high and variable a matter. His lordship s last reason was, that it may cast his lordship acknowledged that there be divers some aspersion upon his majesty; implying, as gentlemen, in the mixture of our House that are if the king slept out the sobs of his subjects,
of good capacity and insight in matters of estate; yet that was the accident of the person, and not and things were to be the intention of the place taken in the institution, not in the practice.
;
until
he was awaked with the thunderbolt of a
parliament.
s conclusion was very noble, protestation, that what civil threats, contestation, art, and argument can do,
But his lordship which was with a
His lordship
philosophy and
est absoluti
civil
second reason was, that both by law, "ordinatio belli etpacis
a principal flower of the crown; which flowers ought to be so dear unto us, as we ought, if need were, to water them with
imperii,"
our blood
or
upon
fall,
by neglect, and execution thereof. the garland would not be worth the wearing. This was the substance of that which passed.
:
!
for if those flowers should,
hath been used already to procure remedy in this cause; and a promise, that if reason of state did permit, as their lordships were ready to spend their breath in the pleading of that we desire, so they would be ready to spend their bloods in the
facility
and good
affection, wither
NOTES OF A SPEECH
CONCERNING A
THAT ye
conceive there will be
little
WAR WITH
SPAIN.
difference
in opinion, but that all will to entertain further a treaty,
advise the king not wherein he hath been
are three things required : a just quarrel ; suffi cient forces and provisions ; and a prudent and
politic choice of the designs the war shall be managed.
and actions whereby
so manifestly and so long deluded. That the difficulty, therefore, will be in the con
For the quarrel, thert; cannot be a more just sequences thereof; for to the breach of treaty, quarrel by the laws both of nature and nations, doth necessarily succeed a despair of recovering than for the recovery of the ancient patrimony of the palatinate by treaty, and so the business fall- tin king s children, gotten from them by an eth upon a war. And to that you will apply your usurping sword, and an insidious treaty. But further, that the war well considered is not speech, as being the point of importance, and, most agreeable to your profession and for the palatinate only, but for England and besides,
1
place.
To
war such a& may promise success,
there
men
Scotland; for if we stay till the I.ow Country be ruined, and the party of the Papists within
200
the realm be
A SPEECH CONCERNING WAR WITH SPAIN.

of the gentleness of Spain, which suffered us Ic And lor the go and come without any dispute.
latter, of Cales, it ended in victory ; we ravished a principal city of wealth and strength in the high countries, sacked it, fired the Indian fleet thatwas
grown too strong, England, Scotland, ami Ireland are at the stake. Neither doth it concern the state only, but our church : other kings, Papists, content themselves to maintain their religion, in their own dominions ; but the kings of Spain run a course to make them selves protectors of the Popish religion, even amongst the subjects of other kings: almost like the Ottomans, that profess to plant the law of Mahomet by the sword ; and so the Spaniards do
king
of the pope s law. And, therefore, if either the s blood, or our blood, or Christ s blood be
in the port, to this
manded reasons
and came home in triumph ; and yet day were never put in suit for it, nor de for our doings. You ought not
to forgot the battle of Kinsale in Ireland, what time the Spanish forces were joined with the
Irish, good soldiers as themselves, or bettor, and exceeded us far in number, and yet they were soon defeated, and their general D Avila taken pri
is just, and to be em soner, and that war by that battle quenched and For the point of sufficient forces, the balancing ended. of the forces of these kingdoms and their allies, And it is worthy to be noted how much onr with Spain and their allies, you know to be a power in those days was inferior to our present matter of great and weighty consideration; but state. Then, a lady old, and owner only of Eng yet to weigh them in a common understanding, land, entangled with the revolt of Ireland, and her for your part, you are of opinion that Spain is no confederates of Holland much weaker, and in no such giant ; or if he be a giant, it will be but like conjuncture. Now, a famous king, and strength Goliath and David, for God will be on our side. ened with a prince of singular expectation, and in
dear unto us, the quarrel
braced.
But to leave these spiritual considerations: you do not see in true discourse of peace and war, that we ought to doubt to be overmatched. To
you are led by two things which lead by experience, and by reason. For experience ; you do not find that for this age, take it for 100 years, there was ever any en counter between Spanish and English of import
this opinion
all
the prime of his years, owner of the entire isle of Britain, enjoying Ireland populate and quiet, and infinitely more supported by confederates of the
men
Low Countries, Denmark, divrrs of the princes As for the comparison of Germany, and others. of Spain as it was then, and as it is now, you
will for good respects forbear to speak ; only you will say this, that Spain was then reputed to have the wisest council of Europe, and not a council that will
ance, either by sea or land, but the English came off with the honour; witness the Lammas day,
the retreat of Gaunt, the battle of Newport, and some others but there have been some actions,
:
come
at the whistle of a favourite.
Another point of experience you would not speak of, if it were not that there is a wonderful both by sea and land, so memorable as scarce erroneous observation, which walketh about, con suffer the less to be spoken of. By sea, that of trary to all the true account of time; and it is, that the Spaniard, where he once gets in, will seldom eighty-eight, when the Spaniards, putting them selves most upon their stirrups, sent forth that or never be got out again ; and they give it an illinvincible armada which should have swallowed favoured simile, which you will not name, but up England quick ; the success whereof was, that nothing is less true: they got footing at Brest, although that fleet swam like mountains upon our and some other parts in Britain, and quitted it: seas, yet they did not so much as take a cock-boat they had Calais, Ardes, Amiens, and were pert of ours at sea, nor fire a cottage at land, but came beaten out, and part they rendered they had through our channel, and were driven, as SirWalter Vercelles in Savoy, and fairly left it they had Raleigh says, by squibs, fire-boats he means, from the other day the Valtoline, and now have put it What they will do at Ormus we n deposit. Calais, and were soundly beaten by our ships in So that, to speak truly of latter times, fight, and many of them sunk, and finally durst shall see. rather poached and offered at a number not return the way they came, but made a scat they have
:
:
tered perambulation, full of shipwrecks, by the Irish and Scottish seas to get home again; just
of enterprises, than maintained any constantly. And for Germany, in more ancient time, their
according
to the
curse of the Scriptures,
"
that
they came out against us one way, and fled before us seven ways." By land, who can forget the
most
two voyages made upon the continent
itself of
Spain, that of Lisbon, and that of Gales, when in the former we knocked at the gates of the greatest city either of Spain or Portugal, and came off
Emperor Charles, after he had Germany al fist, was forced in the end to go from Isburgh, as it were in a mask by torch-light, and to quit every foot of his new acquests in Ger many, which you hope likewise will be the here
reat
in his
ditary issue of this late purchase of the Palati And thus much for experience. nate.
without seeing an enemy to look us in the face.
For reason:
)ut extract a
it
hath
first.
And though we
failed in our foundation, for that
few
many branches; you will It is a nation thin sown
Antonio, whom we thought to replace in his king dom, found no oarty at all, yet it was a true trial
of men, partly
soil,
by reason of the sterility of their and partly because their natives are exhaust
OF A
so
iii
WAR WITH
SPAIN.
2U1
causes of poverty and consumption. The nature many tmploymanU Ky as they possess, so thai it lialli been rounti d a of this war, you are p -rsuaili -d, will he matter kind of miracle to see together ten or twelve of restorative and enriching; so that, if we go mil native Spaniards in .m army. tli. And al roundly on with supplies and provisions at tht though they have at this time great numbers of first, the war in continuance will find itself.
such vast
territories
>ns
nnêi Liny soldiers in their armies and garrisons, yet, if there should he the misfortune of a hattle, they are ever long about it to draw on supplies. They tell a tale of a Spanish ambassador that
That you do but point

large
it.
at this,
and will not enbe considered,
Lastly, That
it is
not a
little to
to 3ee their treasury of St. Mark at Venice, and still be looked down to the ground; upon no very sound foundations, and therefore and being asked the reason, said, he was look they have the less strength by any assured and ing to see whether the treasure had any root, so confident confederacy. With France they are in that, if that were spent, it would grow again; as competition for Navarre, Milan, Naples, and the his master s had." But, howsoever it be of their Franche County of Burgundy; with the see of
was brought
that the greatness of Spain is not only distracted extremely, and therefore of less force ; but built
"
treasure, certainly their forces have scarcely any root, or at least such a root as putteth forth very poorly and slowly; whereas, there is not in the
Rome,
for
Naples also
;
for
Portugal, with the
right heirs of that line
world again such a spring and seminary of mili tary people as is England, Scotland, and Ireland ; Moors expulsed and their confederates ; for the nor of seamen as is this island and the Low East and West Indies, with all the world. So Countries so as if the wars should mow them that, if every bird had his feather, Spain would be down, yet they suddenly may be supplied and left wonderful naked. But yet there is a greater com" confederation against them than by means of any up again. A second reason is, and it is the principal, that of these quarrels or titles; and that is contracted if we truly consider the greatness of Spain, it by the fear that almost all nations have of their And thus consisteth chiefly in their treasure, and their trea ambition, whereof men see no end. sure in their Indies, and their Indies, both of much for balancing of their forces. For the last point, which is the choice of the them, is but an accession to such as are masters *y sea; so as this axle-tree, whereupon their designs and enterprises, in which to conduct the greatness turns, is soon cut a-two by any that war; you will not now speak, because you should So then you be forced to descend to divers particulars, where hall be stronger than they at sea. report yourself to their opinions, and the opinions of some are of a more open, and some of a more
:
they have in their Countries, with the United Provinces; for Ormus, now, with Persia; for Valencia, with the
for that
Low
whether that secret nature. But that you would move the House Low Coun to make a selected committee for that purpose ; not For if that to estrange the House in any sort, but to prepare tries are not able to beat them at sea. be, you see the chain is broken from shipping to things for them, gi vi ng them power and commission Indies, from Indies to treasure, and from treasure to call before them, and to confer with any martial
of
all
men, enemies or whosoever
the maritime forces of Britain and the
to greatness.
men
or others that are not of the
House, that they

:
reason, which hath some affinity shall think fit, for their advice and information with this second, is a point comfortable to hear in and so to give an account of the business to a state that we now are : wars are generally general committee of the whole House. the
third
The
CONSIDERATIONS
TOUCHING A WAR WITH

INSCRIBED TO PRINCE CHARLES,
SPAIN.
ANNO MDCXXIV.
YOUR highness hath an imperial name. It was a if the king shall enter into it, is a mighty worn Charles that brought the empire first into France ; it requireth strong materials, and active motions. a Charles that brought it first into Spain; why He that saith not so, is zealous, but not according should not Great Britain have its turn But to lay to knowledge. But, nevertheless, Spain is no such aside all that may seem to have a show of fumes giant, and he that thinketh Spain to be some
:
and fancies, and to speak solids Vol.. II. 26
a war with Spain, great overmatch
for this estate, assisted as
it
u,
202
and
OF A
be,
is
WAR WITH
SPAIN.
may
no good mintman;
but take
greatness of kingdoms according to their bulk and currency, and not after their intrinsic value.
positively and resolutely ; that it is impossible an elective monarchy should be so free and absolute
as an hereditary
a father to
Although, therefore, I had wholly sequestered my thoughts from civil affairs, yet, because it is a new case, and concerneth my country infinitely, I ob tained of myself to set down, out of long con tinued experience in business of estate, and much conversation in books of policy and history, what I thought pertinent to this business; and in all
no more than it is possible foi ; have so full power and interest in an adoptive son as in a natural ; "quia naturalis ob-
And again, that received ligatio fortior civili." nr.ixim is almost unshaken and infallible; "Nil
humbleness present it to that at least you will discern the strength of my affection through the weakness of my abilities:
for the
si
magis naturae consentaneum est, quam ut iisdem modis res dissolvantur, quibus constituuntur." So that if the part of the people or estate be some your highness: hoping what in the election, you cannot make them nulls
or ciphers in the privation or translation. And if it be said, that this is a dangerous opinion for the
Spaniard hath a good proverb,

la
calentura;"
"
De suario
empre con
there
is
no heat of
pope, emperor, and elective kings; it is true, it is a dangerous opinion, and ought to be a dangerous
opinion, to such personal popes, emperors, or elective kings, as shall transcend their limits, and
affection, but is joined with some idleness of brain. To a war are required, a just quarrel ; sufficient
forces and provisions ; and a prudent choice of the designs. So, then, I will first justify the quar
rel
;
become
tyrannical.
But
it is
a safe and sound

"
secondly, balance the forces

for that
propound variety of designs

advise the choice
;
and lastly, ; for choice, but not

it
;
opinion for their sees, empires, and kingdoms; and for themselves also, if they be wise ; pleni
were not
I
being, in effect, a stranger to the present occurrences. Wars, I speak not of ambitious predatory wars, are suits of appeal to the tribunal of God s justice,
:
writing of this nature ; neither is within the level of my judgment
fit for a a subject point
But tude potestatis est plenitude tempestatis." the chief cause why I do not search into this
is,
because
need
it
not.
And
in
handling
the right of a war, I am not willing to intermix matter doubtful with that which is out of doubt.
capital causes, wherein but one man s in favorem vitae" the evidence question, ought to be clear; so much more in a judg ment upon a war, which is capital to thousands.
For as in
life is in
"
where there are no superiors on earth to determine and they are, as civil pleas are, plaints, the. cause or defences. There are therefore three just I suppose therefore the worst, that the offensive grounds of war with Spain one plaint, two upon war upon Bohemia had been unjust; and then Solomon saith, A cord of three is not make the case, which is no sooner made than re defence.
:
"
solved ; if it be made not enwrapped, but plainly and perspicuously. It is this" in thesi." An offen these: the recovery of the Palatinate ; a just fear sive war is made, which is unjust in the aggres of the subversion of our civil estate; a just fear sor ; the prosecution and race of the war carrieth of the subversion of our church and religion. For, the defendant to assail and invade the ancient and in the handling of the two last grounds of war, I indubitate patrimony of the first aggressor, who shall make it plain, that wars preventive upon is now turned defendant; shall he sit down and noi just fears are true defensives, as well as upon put himself in defence? Or if he be dispossessed, and again, that wars defensive shall he not make a war for the recovery ? No actual invasions for religion, I speak not of rebellion, are most man is so poor of judgment as will affirm it. The castle of Cadmus was taken, and the city of just: though offensive wars for religion are sel dom to be approved, or never, unless they have Thebes itself invested by Phcebidas the Lacedae But all that I shall monian, insidiously, and in violation of league : some mixture of civil titles. say in this whole argument, will be but like bot the process of this action drew on a re-surprise of toms of thread close wound up, which, with a the castle by the Thebans, a recovery of the good needle, perhaps, may be flourished into large town, and a current of the war even unto the walla works. of Sparta. I demand, was the defence of the city For the asserting of the justice of the quarrel, of Sparta, and the expulsion of the Thebans out The sharing for the recovery of the Palatinate, I shall not go so of the Laconian territories, unjust ?
easily broken
lines
:"
would
but especially when every of the hold single by itself. They are
high as
to discuss the right of the
war of Bohe
mia; which if it be freed from doubt on our part, then there is no colour nor shadow why the Pala tinate should be retained ; the ravishing whereof was a mere excursion of the first wrong, and a super injustice. But I do not take myself to be no perfect in the customs, transactions, and privi leges of that kingdom of Bohemia, as to be fit to handle that part: and I will not offer at that I
cnnuot master.
of that part of the duchy of Milan, which lieth upon the river of Adda, by the Venetians, upon contract with the French, was an ambitious and
This wheel set on going, did unjust purchase. tem pour a war upon the Venetians with such
,t
pest, as
Padua and Trevigi were taken from them,
Yet
this I
all their dominions upon the continent of Italy abandoned, and they confined within the salt Will any man say, that the memorable waters. will say, in passage, recovery and defence of Padua, when the gentle-
and
OF A
men
WAR WITH
ever
SPAIN.
by a
"
203
;
of Venice, unused to thn wars, out of the love of their country, became brave anil martial the first day, and solikowi.se the re-adeption of
verified
is
number of examples
:"
that
whatso
gained by an abusive treaty, ought to be in integrum as we see the daily Tn-viiri, ;nul the rest of their dominions, wasmat- experience of this in civil pleas; for the images *ar of scruple, whether just or no, because it had of great things are best seen contracted into small
restored
source from a quarrel
ill
Duke when
MI
lie
rbin,
nephew
liims.-lf
made
Tin war of the ope Julius the Sec,, ml, head of tin- Spanish muti-
heûn?
1
to
glasses : we see, I say, that all pretorian courts, if any of the parties be entertained or laid asleep, under pretence of arbitrament or accord, and that
the other party, during that time, doth cautelously
unjust as unjust might be; a sup port of desperate rebels ; an invasion of St. Peter s The race of this patrimony, and what you will.
MIS, w.is
and advantage at common law, be to judgment and execution; yet the in statu war fell upon the loss of Urbin itself, wh u-h was pretorian court will set back all things the duke s undoubted yet, in this case, no quo prius," no respect had to such eviction or penitentiary, though he had enjoined him never dispossession. Lastly, let there be no mistaking ; so strait penance to expiate his first offence, as if when I speak of a war for the recovery of the would have counselled him to have given over the Palatinate, I meant, that it must be "in linea
get the
start
though
it
"
ri<rht
pursuit of his right for Urbin ; which, after, he prosperously re-obtained, and hath transmitted to his family yet until this day. Nothing more un just than the invasion of the Spanish Armada in
recta,"
upon
that
place
for
look
into
"jus
88 upon our seas for our land was holy land to them, they might not touch it ; shall I say, there fore, that the defence of Lisbon, or Gales, after There be thousands of ex wards, was unjust ? amples; "utor in re non dubia exemplis non necessariis the reason is plain; wars are "vin:
:"
and all examples, and it will be found be without scruple, that after a legation ad res and a refusal, and a denunciation or repetendas," indiction of a war, the war is no more confined to
faeciale,"
to
"
the place of the quarrel, but is left at large and to choice, as to the particular conducing designs, as opportunities and advantages shall
invite.
To
proceed therefore to the second ground of a
But revenges are war with Spain, we have set it down to be, a just dictae," revenges, reparations. not infinite, but according to the measure of the fear of the subversion of our civil estate. So, first wrong or damage. And, therefore, when a then, the war is not for the Palatinate only, but for voluntary offensive war, by the design or fortune England, Scotland, Ireland, our king, our prince, of the war, is turned to a necessary defensive our nation, all that we have. Wherein two things
is changed, and it are to be proved The one, that a just fear, with For the particular actions out an actual invasion or offence, is a sufficient of war, though they are complicate in fact, yet ground of a war, and in the nature of a true they are separate and distinct in right like to defensive the other, that we have towards Spain cross suits in civil pleas, which are sometimes cause of just fear; I say, just fear: for as the both just. But this is so clear, as needeth no civilians do well define, that the legal fear is farther to be insisted upon. And yet if in things "Justus metus qui cadit in constantem virum" in so clear, it were fit to speak of more or less clear private causes so there is "Justus metus qui in our present cause, it is the more clear on our cadit in constantem senatum, in causa publica;"
war, the scene of the tragedy

is
new
act to begin.
part, because the possession of Bohemia is settled not out of umbrages, light jealousies, apprehen with the emperor. For though it be true, that sions afar off, but out of clear foresight of immi "non datur compensatio injuriarum;" yet were nent danger. there somewhat more colour to detain the Palati Concerning the former proposition, it is good nate, as in the nature of a recovery, in value or to hear what time saith. Thucydides, in his compensation, if Bohemia had been lost, or were inducement to his story of the great war of
the stage of war. Of this, therefore, I speak no more. As for the title of proscription or for feiture, wherein the emperor, upon the matter, hath been judge and party, and hath justiced
still
Peloponnesus, sets
true cause of that
down
in plain terms, that the
war was
the overgrowing great--
ness of the Athenians, and the fear that the Lacedaemonians stood in thereby; and doth not
God forbid but that it should well endure an appeal to a war. For certainly the court of heaven is as well a chancery to save and debar forfeitures, as a court of common law to decide rights ; and there would be work enough in Ger many, Italy, and other parts, if imperial forfeit
himself, ures should go for good titles. Thus much for the first ground of
doubt to call it, a necessity imposed upon the Lacedaemonians of a war; which are the words of a mere defensive: adding that the other causes Verissimam were but specious and popular. quidem, sed minime sermone celebratam, arbitror
"
extitisse belli
causam, Athenienses, magnoseffec-
tos et Lacedaemoniis formidolosos, necessitatem
war with
illis
imposuisse bellandi: qus autem propalam
Spain, being in the nature of a plaint for the re covery of the Palatinate omitting here that which
:
ferehantur utrinque causae, istse fuerant, &o." The truest cause of this war, though least voiced,
"
might be the seed of a larger discourse, and
is
conceive to hive been this
that the
A the
204
great, to the terror
OF A
WAR WITH
past
:
SPAIN.
being grown monians, did impose upon them a necessity of a war but the causes that went abroad in speech were these, &c." Sulpitius Galba, consul, when he persuaded the Romans to a preventive war, with the later Philip, King of Macedon, in regard of the great preparations which Philip had then on foot, and his designs to ruin some of the
:
of the Lacedae
fencing-school, that never ward till uie bl^w he Ut barbari pugiles dimicare solent, ita vos
"
geritis ictus est, ictui
bellum
cum
Philippo: ex his enim

inhaeret;
is,
qui
semper
quod
si
eum
alibi
verberes, illo manus transfer! ; ictum autem depellere, aut prospicere, neque scit neque vult."
"
As country fellows use

Philip
if
;
wasters, such a kind of
confederates of the
Romans, confidently
"
saith,
make with
for
to do when they play at war do you, Athenians, with them he that gets a
that they who took that for an offensive war, un derstood not the state of the question. Ignorare videmini mihi, Quirites, non, utrum bellum an pacem habeatis, vos consuli, neque enim liberum
id vobis permittet Philippus, qui terra manque ingens bellnm molitur, sed utrum in Macedonian!
ward, when the blow is you strike him in another place, thither goes his hand likewise but to put by, or foresee a blow, they neither have the skill, nor the
blow straight
falleth to
passed; and
will."
legiones
transporters,
"
an
to
hostem
in
Italiam
to
recipiatis."
Ye seem
me, ye Romans, not
Clinias the Candian, in Plato, speaks despe rately and wildly, as if there were no such thing as peace between nations ; but that every nation
understand, that the consultation before you
is not,
whether you shall have war or peace, for Philip will take order you shall be no choosers, who prepareth a mighty war both by land and sea, but whether you shall transport the war into Macedon, or receive it into Italy." Antiochus, when he
incited Prusias,
expects but his advantage to war upon another. But yet in that excess of speech there is thus much that may have a civil construction ; namely, that every state ought to stand upon its guard, and
rather prevent than be prevented.
"
His words
are,
Quam rem
fere
vocant pacem,
nudum
et
inane
King
of Bithynia, at that time in
nomen
est; revera autem omnibus, adversus
om
league with the Romans, to join with him in war nes civitates, bellum sempiternum perdurat." against them, setteth before him a just fear of the "That which men for the most part call peace, is overspreading greatness of the Romans comparing but a naked and empty name ; but the truth is, it to a fire that continually took, and spread from that there is ever between all estates a secret war."
kingdom to kingdom omnia regna tollenda,

terrarum nisi
""Venire
Romanes
usquarn
ad
ut nullum
orbis
Romanum imperium
esset; Philip-
se tertium peti; ut quisque proximus ab oppresso sit, per omnes velut continens incendium pervasurum "That the
pum
et
Nabin expugnatos,
know well this speech is the objection and not the decision, and that it is after refuted ; but yet, as I said before, it bears thus much of truth, that if that general malignity, and predisposition to
I
:"
war, which he untruly figureth to be in all nations, be produced and extended to a just fear of being
it
Romans came to pull down make the state of Rome a
all
kingdoms, and to oppressed, then
is
no more a true peace, but a

Athenian,
universal
monarchy; name of a peace.
that Philip and Nabis were already ruinated, and now was his turn to be assailed ; so that, as every
state lay next to the other that
fire perpetually grazed." herein it is well be noted, that towards ambitious states, which are noted to aspire to great monarchies, and to seek
As
it
for the opinion of Iphicrates the
the
to
was oppressed, so
T
demands not so much towards a war as a just fear, but rather cometh near the opinion of
Clinias; as
if there
were ever amongst nations a
all occasions to enlarge their dominions, crescunt argumenta justi metus;" all particular fears do grow and multiply out of the contempla
upon
"
brooding of a war, and that there is no sure league but impuissance to do hurt. For he, in the treaty of peace with the Lacedaemonians, speaketh plain language; telling them, there could be no true
states.
Jlie
tion of the general courses and practice of such Therefore, in deliberations of war against
and secure peace, except the Lacedemonians yielded to those things, which being granted, it would be no longer in their power to hurt the
Athenians, though they would and to say truth, if one mark it well, this was in all memory the
:
Turk,
it
hath been often, with great judgment,
maintained, that Christian princes and states have always a sufficient ground of invasive war against tne enemy ; not for cause of religion, but upon a
just fear; forasmuch as
in the
it
is
a fundamental law
main piece of wisdom, in strong and prudent counsels, to be in perpetual watch, that the states about them should neither by approach, nor by
increase of dominion, nor by ruining confederates, nor by blocking of trade, nor by any the like means, have it in their power to hurt or annoy the states they serve ; and whensoever any such cause did but appear, straightways to buy it out with a
Turkish empire, that they may, without any other provocation, make war upon Christendom for the propagation of their law; so that there
lieUi
upon tne Christians a perpetual fear of a war. hanging over their heads, from them ; and therefore they may at all times, as they think good, war, and never take up peace at credit and upon be upon the prevention. Demosthenes exposeth to interest. It is so memorable, as it is yet as fresh feoorn wars which are not preventive, comparing as it it were done yesterday, bow that triumvirate thoie that make them to country fellows in a of kings, Henry the Eighth of England, Francis
i
OF A
the First
i)f
WAR WITH
SPAIN.
205
Franco, and Charles the Fifth, em|.er"r ir times so and Kiii^ of S|i;iin, were in provi dent, as sc.ircc jialin of ground could l)c goiten
lh>
landi, libido dotninandi, et si quae sunt similia, haec sunt quac in bellis jure culpantur." And the
;i
by either of the three, but that would be sure to do their best,

t.>
the.
oilier
same St. Thomas in his own text, defining of the two just causes of a war, doth leave it upon very
general terms
ut scilicet
"
set
the balance
Kequirilur ad bcllurn causa justa,
of Kuropr upright again. And the like diligence .I in the ajre before by iliat league, wherewith Guiccianliiie heîmieth his story, and inaketh
it,
illi,
qui iinpugnantur, propter aliijuam
culpain irnpugnationem mereanter:" for "impugis a far more general word than "ulliu natioculpae"
:
it were, tin- calendar of the good days of injuriae." And thus much for the first proposition, which was contracted between l-Yrdinando, of the second ground of a war with Spain namely, King of Naples, Lorenzo of .Medici, Potentate of that a just fear is a just cause of a war; and that Florence, and Lodovico Sforaa, Duke of Milan, a preventive war is a true defensive. The second or minor proposition was this; that designed chiefly against the growing power of the Venetians; but yet so, as the confederates had a this kingdom hath cause of just fear of overthrow Wherein it is true, that fears are perpetual eye one upon another, that none of them frm Spain. should overtop. To conclude, therefore ; howsoever seen in dimmer lights than facts. And, on ever some schoolmen, otherwise reverend men, the other side, fears use, many times, to be repreyet litter to guide penknives than swords, seem sented in such an imaginary fashion, as they and precisely to stand upon it, that every offensive rather dazzle men s eyes than open them war must be a revenge, that presupposeth therefore I will speak in that manner which the a precedent assault or injury ; yet neither do they subject requires; that is, probably, and modedescend to this point, which we now handle, of a rately, and briefly. Neither will I deduce these
as
Italy,
"ultio,"
just fear; neiiher are they of authority to judge this question against all the precedents of time,
For, certainly, as long as men are men, the sons, as the poets allude, of Prometheus, and not of Epimetheus, and as long as reason is reason, a just fear will be a just cause of a preventive war; but especially tf it be part of the case, that there be a
fears to present occurrences; but point only at general grounds, leaving the rest to more secret counsels.
Is it nothing, that the crown of Spain hath en larged the bounds thereof within this last sixscore I years, much more than the Ottoman s ? speak
1
nation that
is
monarchy and new acquest
manifestly detected to aspire to then other states, ;
not of matches or unions, but of arms, occupations, invasions. Granada, Naples, Milan, PC
lugal, the East and West Indies; all these are actual additions to that crown. They had a mind
to
assuredly, cannot be justly accused for not staying for the first blow ; or for not accepting Poly-
phemus
courtesy, to be the last that shall be
French Britain, the lower part of Picardy, and Piedmont; but they have let fall their bit. They
:
eaten up.
have, to this day, such a hovering possession of

:
Nay, I observe farther, that in that passage of the Valtoline, as a hobby hath over a lark and Plato which I cited before, and even in the tenet the Palatinate is in their talons so that nothing of that person that beareth the resolving part, and is more manifest, than that this nation of Spain
not the objecting part, a just fear is justified for a runs a race still of empire, when all other states cause of an invasive war, though the same fear of Christendom stand in effect at a stay. Look proceed not from the fault of the foreign state to then a little farther into the titles whereby they be assailed : for it is there insinuated, that if a have acquired, and do now hold these new porI I I
state, out of the distemper of their own body, do fear sedition and intesline troubles to break out
tions of their
crown; and you
will find
to
them of
amongst themselves, they may discharge their own ill humours upon a foreign war for a cure. And this kind of cure was tendered by Jasper
Coligni, Admiral of France, to Charles the Ninth, the French king, when by a vive and forcible per
suasion he moved him to a war upon Flanders, for the better extinguishment of the civil wars of France; but neither was that counsel prosperous; louder.
I maintain that position: for I will never set politics against ethics; especially for
speak with due respect, as may appear to be easily minted, and such as can hardly at any time be wanting. And, therefore, so many new conquests and pur chases, so many strokes of the alarm bell of fear and awaking to other nations ; and the facility of the titles, which hand-over-head have served their turn, doth ring the peal so much the sharper and
so
many
varieties,
and such natures,
neither will
Shall
to
we descend from their general disposition enlarge their dominions, to their particular dis
that true ethics are but as a
and
Surely St. Thomas, who had the largest heart of the school divines, bendeth chiefly his style against the depraved passions which reign in making wars, speaking out of St. Angusreligion.
position and eye of appetite which they have had towards us: they have now twice sought to im patronize themselves of this kingdom of England ; once by marriage with Queen Mary; and the second time by conquest in 88, when their forces tine: "Nocendi cupiditas, ulciscendi crudelitas, by sea and land were not inferior to those they implacatus et implacabilis animus, feritas rebel- have now. And at that time in 88, the ^
handmaid
to divinity
fl
206
OF A
WAR WITH
SPAIN.
a!>u<w
and design of Spain was by many advertisements And they bragged, that they doubted not to revealed and laid open to be, that they found the and lay asleep the queen ami council of England, war upon the Low Countries so churlish and as to have any fear of the party of Papists here; longsome, as they grew then to a resolution, that for that they knew, they said, the state would but as long as England stood in a state to succour cast the eye and look about to see whether there were any eminent head of that party, under whom those countries, they should but consume them selves in an endless war: and therefore there was it might unite itself; and finding none worth the no other way but to assail and depress England, thinking on, the state would rest secure and take which was as a back of steel to the Flemings. no apprehension whereas they meant, they said, And who can warrant, I pray, that the same to take a course to deal with the people, and par counsel and design will not return again ? So as ticulars by reconcilements, and confessions, and we are in a strange dilemma of danger: for if we secret promises, and cared not for any head of And this was the true reason why, after suffer the Flemings to be ruined, they are our out party. that the seminaries began to blossom, and to make work, and we shall remain naked and dismantled them strongly, as is fit, and set missions into England, which was about the threeif we succour them upon their feet, and do not withal weaken and-twentieth year of Queen Elizabeth, at what
:
1
Spain, we hazard to change the scee of the war, and turn it upon Ireland or England like unto rheums and defluxions, which, if you apply a strong repurcussive to the place affected, and do
:
was the first suspicion of the Spanish invasion, then, and not before, grew the sharp and severe laws to be made against the Papists. And therefore the Papists may do well to change their
time also
not take
away
the cause of the disease, will shift
and
fall
They
straightways to another joint or place. have also twice invaded Ireland; once under
|
thanks; and whereas they thank Spain for their favours, to thank them for their perils and miseries, if they should fall upon them for that nothing
:
the pope s banner, when they were defeated by and after in their own name, the Lord Gray
:
ever
made
their case so
ill
as the doubt of the
when
So
they were defeated by the Lord Mountjoy.

!
greatness of Spain, which adding reason of state to matter of conscience and religion, did whet the
as let this suffice for a taste of their disposition towards us. But it will he said, this is an alma
laws against them.

in
And
this case also seemeth,

;
some
sort, to return
again at this time
except
nack
year; since 88 all hath been well ; Spain hath not assailed this kingdom, how soever by two several invasions from us mightily provoked. It is true : but then consider, that
for the
old
the clemency of his majesty, and the state, do

j
immediately after 88, they were embroiled for a great time in the protection of the league of France, whereby they had their hands full ; after being brought extreme low by their vast and con
tinual
embracements, they were* enforced
to be
quiet that they might take breath, and do repara But now of late, tions upon their former wastes.
things seem to
come apace to their former estate ; nay, with far greater disadvantage to us; for now that they have almost continued, and, as it were,
j
arched their dominions from Milan, by the Valtoline, and Palatinate, to the Low Countries, we sive war against a foreigner for religion is lawful. see how they thirst and pant after the utter ruin Of an offensive war there is more dispute. And of those states; having in contempt almost the yet in that instance of the war for the Holy Land German nation, and doubting little opposition, and sepulchre, I do wonder sometimes, that the except it come from England whereby either we schoolmen want words to defend that which St. must suffer the Dutch to be ruined, to our own Bernard wanted words to commend. But I, that manifest prejudice; or put it upon the hazard I in this little extract of a treatise do omit things spake of before, that Spain will cast at the fairest. necessary, am not to handle things unnecessary. Neither is the point of internal danger, which No man, I say, will doubt, but if the pope, or Sfroweth upon us, to be forgotten; this, that the King of Spain, would demand of us to forsake our
!
superabound ; as, for my part, I do wish it should ; and that the proceedings towards them may rather tend to security, and providence, and point of But to state, than to persecution for religion. conclude ; these things briefly touched, may serve as in a subject conjectural and future, for to repre sent how just cause of fear this kingdom may have towards Spain: omitting, as I said before, all present and more secret occurrences. The third ground of a war with Spain, I have set down to be, a just fear of the subversion of which needeth little our church and religion For if this war be a defensive, as I have speech. proved it to be, no man will doubt, that a defen
:
p trty of the Papists in England are become more knotted, both in dependence towards Spain and amongst themselves, than they have been. Where
in again
for
religion
upon pain of a war, it were as unjust a demand, as the Persians made to the Grecians of
land and water; or the Ammonites to the IsraelAnd we see all the ites of their right eyes. heathen did style their defensive wars, pro aris
"
comes
it
to
be remembered the case of 88
:
j
then also
appeared by divers secret letters, that
the design of Spain was, for
some
years, before the
et focis
;"
invasion attempted, to prepare a party in this king dom to adhere to the foreigner at his coming.
So
,
that
it
placing their altars before their hearths. is in vain of this to speak farther. Only
;
this is true
that the fear of the subversion of our
OF A
\\.\\l
NMTII
AIN.
207
and furiously at the first ; hut after a fight religion from Spain is tli- more just, for that 11 bravoly itrntand con- maintained hy tin- space of a whole day, was re dtlii-r Catholic princes and stati s tain themselves to maintain their religion within pulsed, and forced to a retreat, with great slaugh their own dominions, and meddle not with, the ter of his men; and the course of his farther
;i
enterprises was wholly arrested; and this chiefly by the prowess and virtue of the English and .Scottish troops, under the conduct of Sir Johr Norris and Sir Robert Stuart, colonels: which troops came to the army but the day before, ha selves protectors-general of the party of atholics, rassed with a long and wearisome march and, as through the world. As if the crown of Spain had it is left for a memorable circumstance in all a little of tliis, that they would plant the pope s stories, the soldiers being more sensible of a little laws by arms, as the Ottomans do the law of heat of the sun, than of any cold fear of death, Mfthomet. Thus much concerning the first main cast away their armour and garments from them,
objects of other states ; whereas tin- practice of Spain hath been, both in Charles the Fifth s time, and in the timo of the league in France, by war; and now with us, by conditions of treaty, to intermeddle with foreign states, and to declare them<
point of justifying the quarrel, if the king shall niter into a war; for this that I have said, and all that followeth to be said, is but to show what he
rally conceived,
and fought in their shirts and, as it was gene had it not been that the Count of
:
may do. The second main

to
in charging the Spaniards upon their retreat, this fight had sorted to an absolute
defeat.
Bossu waaj^lack But

it
speak and us.
of, is
part of that I have propounded the balance of forces between Spain

this also tendeth to
was enough
to chastise
Don John
And
:
no more, but
for his insidious treaty of peace, wherewith he had abused the States at his first coming. And
For what he may do is what the king may do. of two kinds what he may do as just; and what
he
all stories,
the fortune of the day, besides the testimony of may be the better ascribed to the ser-
may do
;
as possible.
Of
the one
have already
,
vice of the English and Scottish,
by comparison
spoken of the other I am now to speak. I said, Spain was no such giant; and yet, if he were a giant, it will be but as it was between David and God is on our side." But to leave Goliath, for all arguments that are supernatural, and to speak in a human and politic sense, I am led to think that Spain is no overmatch for England, by that which leadeth all men; that is, experience and And with experience I will begin, for reason.
"
of this charge near Rimenant, where the English
numbers came in action, with the like charge given by Don John half a year before at Glemblours, where the success was coi;and Scottish
in great
[ j
;
there being at that time in the army but a handful of English and Scottish, and they put in
trary
:
disarray by the horsemen of their own fellows. The first dart of war which was thrown from
Spain or
Rome upon
the realm of Ireland,
was
there all reason beginneth. Is it fortune, shall we think, that, in all actions of war or arms, great and small, which have hap
in the year 1580; for the design of Stukely blew over into Afric; and the attempt of Saunders and
Fitz-Maurice had a spice of madness.
In that
pened these many years, ever since Spain and England have had any thing to debate one with the other, the English upon all encounters have perpetually come off with honour, and the better] It is not fortune, sure; she is not so constant, There is somewhat in the nation and natural courage of the people, or some such thing. I will make a brief list of the particulars themselves in an historical truth, no ways strouted, nor made This were a fit speech, you greater by language. will say, for a general, in the head of an army, when they were going to battle yes ; and it is no less fit speech to be spoken in the head of a council, upon a deliberation of entrance into a war. Neither speak I this to disparage the
:
year Ireland was invaded by Spanish and Italian forces, under the pope s banner, and the conduct of San Josepho, to the number of seven hundred
Smerwick in Kerry. conquer Ireland to the pope s use; for their design was no less; but withal they brought arms for five thousand men above their own company, intending to arm so
or better,
which landed
it
at
poor number
was
to
of the rebels of Ireland. And their purpose was, to fortify in some strong place of the wild and desolate country, and there to nestle till greater succours came; they being hastened unto this enterprise upon a special reason of state, not
many
diers in
Soon after siege was laid again to their den. commanders of Spain, confident of victory, to the fort by the Lord Gray, then deputy, w ith a c larged the army of the States near Rimenant, smaller number than those were within the fort
.
Spanish nation, Europe ; but that sorteth to our honour, if we still have had the better hand. In the year 1578, was that famous Lammas day, which buried the reputation of Don John of AusDon John tria, himself not surviving long after being superior in forces, assisted by the Prince of Parma, Mondragon, Mansell, and other, the best
.
whom
take to be of the best sol-
proper to the enterprise itself ; which was by the invasion of Ireland, and the noise thereof, to trouble the council of England, and to make a
division of certain aids, that then were preparing from hence for the Low Countries. They chose
called the Fort del
fort, which and from thence bolted like beasts of the forest, sometimes the woods and fastnesses, and sometimes
a place where they erected a
they
they
into
Or:
back
208
venturously indeed
;
OF A
but haste
WAR WITH
to attack
!
SPAIN.
was made
them before
the rebels came in to them. After the siege of four days only, and two or three sallies, with loss on their part, they that should have
incursion upon their havens and roads, from fiulii to Capa Sacra, and thence to Cascais ; and to fire, sink, and carry away at the least, ten thousand ion
made good the fort succours came from
for
some months,
till
new
Spain, or at least from the
of their great shipping, besides fifty or sixty of their smaller vessels; and that in the sight, and under the favour of their forts; and almost under
the eye of their great admiral, the best coimn;ii!<irr of Spain by sea, the Marquis de Santa Cruz,
rebels of Ireland, yielded up themselves without conditions at the end of those four days. And for
were not in the English army enough to keep every man a prisoner, and for that also the deputy expected instantly to be assailed by the rebels; and, again, there were no barks to throw them into, and send them away by sea : they were all put to the sword ; with which Queen
that they
without ever being disputed with by any fight of importance. I remember Drake, in the vaunting style of a soldier, would call this enterpri.M-, the
singing of the King of Spain s beard. The enterprise of eighty-eight, deservrth to be stood upon a little more fully, being a miracle
was afterwards much displeased. In the year 1582, was that memorable retreat of Gaunt; than the which there hath ot been an
Elizabeth
exploit of
There armed from Spain, in the year 1588, the greatest navy that ever swam upon the sea for though there have been far greater Heeta
of time.
:
war more
celebrated.
For
in the true
for
number, yet
for the
bulk and building of the
judgment of
no ways
of war, honourable retreats are inferior to brave charges ; as having less
men
ships, with the furniture of great ordnance and The design was to provisions, never the like.
of fortune, more of discipline, and as much of valour. There were to the number of three hun
dred horse, and as
many thousand
foot English,
make, not an invasion only, but an utter conquest of this kingdom. The number of vessels were one hundred and thirty, whereof galliasses and
commanded by
John Norris, charged by the galleons seventy-two goodly ships, like floating Prince of Parma, coming upon them with seven towers or castles, manned with thirty thousand thousand horse besides that the whole army of soldiers and marines. This navy was the prepa Spaniards was ready to march on. Nevertheless, ration of five whole years, at the least: it bare Sir John Norris maintained a retreat without dis itself also upon divine assistance for it received array, by the space of some miles, part of the way special blessing from Pope Sixtus, and was as
Sir
j
champaign, unto the

of
city of
:
men
than the enemy
Gaunt, with less loss the Duke of Anjou, and

j
signed as an apostolical mission for the reducement of this kingdom to the obedience of the see
the Prince of Orange, beholding this noble action from the walls of Gaunt, as in a theatre, with
great admiration. In the year 1585, followed the prosperous expe Drake and Carlile into the West Indies,
dition of
in the
And, in farther token of this holy war were amongst the rest of these ships, twelve, called by the names of the twelve apostles. But it was truly conceived, that this kingdom of England could never be overwhelmed, except the
of
fare, there
Rome.
set aside the taking of St. Jago in Hispaniola, as surprises rather than encounters. But that of Carthagena,
I
which
land waters
came
in to the sea tides.
Therefore
and
St.
Domingo
was
there also in readiness in Flanders, a mighty strong army of land forces, to the number of fifty
where the Spaniards had warning of our coming, thousand veteran soldiers, under the conduct of and had put themselves in their full strength, was the Duke of Parma, the best commander, next the one of the hottest services, and most dangerous French king, Henry the Fourth, of his time. assaults that hath been known. For the access These were designed to join with the forces at sea; to the town was only by a neck of land, between there being prepared a number of flat-bottomed the sea on the one part, and the harbour water or boats to transport the land forces, under the wing inner sea on the other fortified clean over with a and protection of the great navy. For they made strong rampier and barricado; so as upon the no account, but that the navy should be absolute ascent of our men, they had both great ordnance master of the seas. Against these forces, there and small shot, that thundered and showered upon were prepared on our part, to the number of near them from the rampier in front, and from the gal one hundred ships; not so great of bulk, indeed, And yet they forced but of a more nimble motion, and more service leys that lay at sea in flank.
;
j
the passage, and won the town, being likewise very well manned. As for the expedition of Sir
able
besides a less fleet of thirty ships, for the
Francis Drake, in the year 1587, for the destroy ing of the Spanish shipping and provision upon their own coast; as I cannot say that there intervened in that enterprise any sharp fight or en
so, nevertheless, it did strangely dis cover, either that Spain is very weak at home, or very slow to move; when they suffered a small
custody of the narrow seas. There were also in readiness at land two armies ; besides other forces,
number of ten thousand, dispersed amongst The two the coast towns in the southern parts.
to the
counter;
armies were appointed ; one of them consisting of twenty-five thousand horse and foot, for the repulsing of the enemy at their landing; and the other of twenty-five thousand for safeguard and
attendance about the court and the queen s person.
flee*,
of English
to
make
a hostile invasion or
OF A WAR WITH SPAIN.

There were also other dormant musters of soldiers
throughout
armies
all
209
in readiness,
parts of the realm, that w. re put hut not drawn together. The two
by sea had a limited commission, nut to li^ht until the laud forces were come in to them: and that the Duke of Parma li.id j>artieul.ir n aehe.-,
creneral
the. and ends of his own underhand, to Hut it was both a strange cnmmission, design.
er>-s
;
were a-.si^ncd to the leading of two generals, noble persons, hut both of them rather courtiers, and assured to the state, than martial
HUM.;
yet
lined
foiiim.uui Ts
ami a strange nbedienet; to a enmmi>-in tor men in the midst of their own blood, and hung so to great evperieuee furiously assailed, to hold their hands, contrary The fortune of the war made this enterprise at the laws of nature and necessity. And as for the first a play at base. The Spanish navy *et forth Duke of Parma, he was reasonably well tempted out of the Groyne in May, and was dispersed and to be true to that enterprise, by no less promise driven back by weather. Our navy set forth than to be made a feudatory, or beneficiary King somewhat later out of Plymouth, and bare up of England, under the seignory, in chief, of the
.md
assisted
with subordinate
of
and
valour,
towards the coast of Spain to have fought with pope, and the protection of the King of Spain. the Spanish navy ; and partly hy reason of con- Besides, it appeared that the Duke of Parma held trust of the tr.iry winds, partly upon advertisement that the his place long after in the favour and Spaniards were gone hack, and upon some doubt King of Spain, by the great employments and also that they might pass by towards the coast of services that he performed in France and, again, England, whilst we were seeking them afar off, it is manifest, that the duke did his best to come returned likewise into Plymouth about the middle down and to put to sea. The truth was, that the of July At that time came more confident ad- Spanish navy, upon those proofs of fight which vertisement, though false, not only to the lord they had with the English, finding how much admiral, but to the court, that the Spaniards could hurt they received, and how little hurt they did, not possibly come forward that year: whereupon hy reason of the activity and low building of our our navy was upon the point of disbanding, and ships, and skill of our seamen; and being also
j
many
of our men gone ashore: at which very time the Invincible Armada, for so it was called
in a Spanish ostentation, throughout Europe, was discovered upon the western coast. It was a
a general of small courage and experience, and having lost at the first two of their bravest commanders at sea, Pedro de Valdez, and Michael de Oquenda, durst not put it to a battle
commanded by
kind of surprise ; for that, as was said, many of at sea, but set up their rest wholly upon the land our men were gone to land, and our ships ready enterprise. On the other side, the transporting of to depart. Nevertheless, the admiral, with such the land forces failed in the very foundation for ships only as could suddenly be put in readiness, whereas the council of Spain made full account made forth towards them ; insomuch as of one that their navy should be master of the sea, and hundred ships, there came scarce thirty to work. therefore able to guard and protect the vessels of Howbeit, with them, and such as came daily in, transportation ; when it fell out to the contrary we set upon them, and gave them the chase. that the great navy was distressed, and had But the Spaniards, for want of courage, which enough to do to save itself; and, again, that the they called commission, declined the fight, cast Hollanders impounded their land forces with a ing themselves continually into roundels, their brave fleet of thirty sail, excellently well ap
:
strongest ships walling in the rest, and in that manner, they made a flying march towards Calais. Our men by the space of five or six days followed them close, fought with them continually, made great slaughter of their men, took two of their great ships, and gave divers others of their ships their death s wounds, whereof soon after they sank and perished ; and, in a word, distressed them almost in the nature of a defeat; we ourselves in the mean time receiving little or no hurt.
pointed
if
to pass that the
this state, it came ; things, I say, being in Duke of Parma must have flown he would have come to England, for he could get neither bark nor mariner to put to sea : yet
it is, that the duke looked still for the coming back of the Armada, even at that time when they were wandering, and making their perambulation upon the northern seas. But to return to the Armada, which we left anchored at Calais from thence, as Sir Walter Raleigh was Near Calais the Spaniards anchored, expecting wont prettily to say, they were suddenly driven It was after- away with squibs their land forces, which came not. for it was no more but a wards alleged, that the Duke of Parma did arti- stratagem of fire boats, manless, and sent upon ficially delay his coming; but this was but an in- them by the favour of the wind in the night time, ventionand pretension given out by the Spaniards; that did put them in such terror, as they cut their
certain
upon a Spanish envy against that duke, being cables, and left their anchors in the sea. After an Italian, and his son a competitor to Portugal they hovered some two or three days aboul but chiefly to save the monstrous scorn and dis- Graveling, and there again were beaten in a great which they and their nation received fight; at what time our second fleet, which kept reputation, by the success of that enterprise. Therefore their the narrow seas, was come in and joined to our colours and excuses, forsooth, were, that their main fleet. Thereupon the Spaniards entering B 9 VOL. II. 27
partly
i
210
into farther terror,
OF A
WAR WITH
their
SPAIN.
and finding also divers of
ships every day to sink, lost all courage, and instead of coining up into the Thames mouth for
London, as their design was, fled on towards the north to seek their fortunes; heing still chased by the English navy at the heels, until we were
fain to give
sundry provisions that were promised, especially of cannons for battery ; the vain hopes of Don Antonio, concerning the people of the country to come in to his aid ; the disappointment of the fleet that was directed to corne up the river of Lisbon;
and, lastly, the diseases which spread in the army reason of the heat of the season, and of the sol
them over
for
want of powder.
The by
breath of Scotland the Spaniards could not endure; neither durst they as invaders land in Ireland; but only ennobled some of the coasts
thereof with shipwrecks. And so going north wards aloof, as long as they had any doubt of
misrule in diet, the enterprise had succeed and Lisbon had been carried. But howsoever it makes proof to the world, that an invasion of a few English upon Spain may have just hopes of
diers ed,
being pursued, at last, when they were out of reach, they turned, and crossed the ocean to
Spain, having lost fourscore of their ships and the greater part of their men. And this was the
end of that sea-giant, the Invincible Armada: which, having not so much as fired a cottage of ours at land, nor taken a cock-boat of ours at that killed more men at his death, than he had sea, wandered through the wilderness of the done in the time of all his life. This ship, for the northern seas ; and, according to the curse in the space of fifteen hours, sat like a stag among hounds Scripture, "came out against us one way, and at the bay, and was sieged, and fought with, in fled before us seven ways;" serving only to turn, by fifteen great ships of Spain, part of a navy make good the judgment of an astrologer long of fifty-five ships in all ; the rest, like abettors, before given, "octogesimus octavus mirabilis looking on afar off. And amongst the fifteen or rather, to make good, even to the ships that fought, the great S. Philippe was one; annus:" astonishment of all posterity, the wonderful a ship of fifteen hundred tons, prince of the twelve
:
j I
an English ship called the Revenge, under the com of Sir Richard Greenvil ; memorable, I say, even beyond credit, and to the height of some heroical fable and though it were a defeat, yet it exceeded a victory ; being like the act of Samson,
victory, at least of passport to depart safely. In the year 1591 was that memorable fight of
mand
judgments of God, poured down commonly upon vast and proud aspirings. In the year that followed, of 1589, we gave the
Spaniards no breath, but turned challengers, and invaded the main of Spain. In which enterprise,
although we failed in our end, which was to settle Don Antonio in the kingdom of Portugal, yet a man shall hardly meet with an action that doth
better reveal the great secret of the
sea-apostles, which was right glad when she was shifted off from the Revenge. This brave ship, the
Revenge, being manned only with two hundred soldiers and mariners, whereof eighty lay sick ;
yet, nevertheless, after a fight maintained, as was said, of fifteen hours, and two ships of the enemy
sunk by her side, besides many more torn and battered, and great slaughter of men, never came
be entered, but was taken by composition ; the enemies themselves having in admiration the virtue of the commander, and the whole tragedy of that
to
power of Spain
which power well sought
into, will
be found
rather to consist in a veteran army, such as upon several occasions and pretensions they have ever
ship.
had on
one part or other of Christendom, the space of almost sixscore years, than in the strength of their dominions and provinces.
foot, in
now by
we made upon
For what can be more strange, or more to the disvaluation of tne power of the Spaniard upon the This journey was like lightning; for in the space continent than that, with an army of eleven thou sand English land soldiers, and a fleet of twenty- of fourteen hours the King of Spain s navy was six ships of war, besides some weak vessels for destroyed, and the town of Cadiz taken. The navy
In the year 1596 was the second invasion that the main territories of Spain; pros perously achieved by that worthy and famous Robert, Earl of Essex, in concert with the noble Earl of Nottingham, that now liveth, then admiral.
we should, within the hour-glass of two months, have won one town of importance by scalado, battered and assaulted another, over
transportation,
was no
less than fifty tall ships, besides
twenty
thrown great forces
in the field,
and that upon the
galleys to attend them. The ships were straightways beaten, and put to flight with such terror, as the Spaniards in the end were their own execu
tioners,
disadvantage of a bridge strongly barricadoed, landed the army in three several places of his kingdom, marched seven days in the heart of his countries, lodged three nights in the suburbs of his
into the gates principal city, beaten his forces thereof, possessed two of his frontier forts, and come off after all this with small loss of men,
and
fired
them
all
with their
own
hands.
The
galleys, by the benefit of the shores and shal
otherwise than by sickness] And it was verily disthought, that had it not been for four great
lows, got away. The town was a fair, strong, well built, and rich city; famous in antiquity, and now most spoken of for this disaster. It was manned with four thousand soldiers foot, and some four hundred horse ; it was sacked and burned, though great clemency was used towards
the
inhabitants.
But
that
which
is
is
no less
great
ours of that voyage, that
is to
say, the failing in
strange
than the sudden victory,
the
OF A
patience df
tin-
WAR WITH M
,t.i\ed
AI.V
in
211
September
that
upon
urti.
dtiv [day then, nor

ii
yd urvrr ollered us never put us in suit by any of re\enge ur reparation ;it any time after.
was
\\
Spar.iards; place divi r- lays,
lie
who, though we
Inland, which was
man may guess how

live
in
Iri*h
gmu.id
long time a Spaniard will which is a matter of a
quarter of a year, or four
months
at
most.
For
In the year 1GOO the I.ow (Countries,
tin- li.itih-
of
Newport
in
they had
forces
all
In
tlic
it
armies of the arch
man would
the advantages in the world; and no have thought, considering the small
employed against them, that they could have been driven out SO soon. They obtained, without resistance, in the end of September, tin: many years. French wars have been frequent, hut in the wars town of Kinsale ; a small garrison of one hundred of Flanders rare, as the nature of a defensive n- and fifty English leaving the town upon the The forces of both armies were not Spaniards approach, and the townsmen receiving quireth. much unequal that of the States exceeded some the foreigners as friends. The number of what in number, but that again was recompensed Spaniards that put themselves into Kinsale. was in the quality of the soldiers ; for those of the two thousand men, soldiers of old bands, under Spanish part were of the flower of all their forces. the command of Don John d Aquila, a man of The archduke was the assailant, and the preventer, good valour. -The town was strong of itself, and had the fruit of his diligence and celerity. neither wanted there any industry to fortify it ou For he had charged certain companies of Scottish all parts, and make it tenable, according to the men, to the number of eight hundred, sent to make skill and discipline of Spanish fortification. At good a passage, and thereby severed from the body that time the rebels were proud, being encouraged of the army, and cut them all in pieces for they, upon former successes ; for though the then de like a brave infantry, when they could make no puty, the Lord Mountjoy, and Sir George Carew, honourable retreat, and would take no disho President of Munster, had performed divers good nourable flight, made good the place with their services to their prejudice ; yet the defeat they
duke,
anil llic States, tried
This was
the only battle that
out by a just battle. was fought in those
countries these
For battles
in the
lives.
This entrance of the

:
battle did
whet
the
courage of the Spaniards, though it dulled their swords so as they came proudly on, confident to defeat the whole army. The encounter of the main battle which followed, was a just encounter, not hastening to a sudden rout, nor the fortune of the day resting upon a few former ranks, but fought out to the proof by several squadrons, and not without variety of success ; u Stat pedi pes densusque viro vir." There fell out an error in the Dutch army, by the overhasty medfey of some of their men with the enemies, which hindered the playing of their great ordnance. But the end was
that the .Spaniards were utterly defeated, and near five thousand of their men in the fight, and in the
before,
had given the English at Blackwater, not long and their treaty, too much to their honour, with the Earl of Essex, was yet fresh The deputy lost no time, but in their memory. made haste to have recovered the town before new succours came, and sat down before it in October, and laid siege to it by the space of three winter months or more during which time sallies were made by the Spaniard, but they were In January came fresh beaten in with loss. succours from Spain, to the number of two thousand more, under the conduct of Alonzo
:
d Ocampo. Upon the comforts of these succours, Tyrone and Odonnell drew up their forces to gether, to the number of seven thousand, besides
the Spanish regiments, and took the field, resolved to rescue the town, and to give the English battle. So here was. the case : an army of
execution, slain and taken ; amongst whom were many of the principal persons of their army. The honour of the day was, both by the enemy and the Dutch themselves, ascribed unto the Englisn ;
Sir Francis Vere, in a private commen tary which he wrote of that service, leaveth testi fied, that of fifteen hundred in number, for they
of
whom
field
were no more, eight hundred were slain in the and, which is almost incredible in a day of victory, of the remaining seven hundred twoi
:
men
only came off unhurt. Amongst the rest Sir Francis Vere himself had the principal honour of the service, unto whom the Prince of Orange,
as
is
said, did transmit the direction of the
army
the
for that
day; and
in the
next place Sir Horace

liveth,
Vere, his brother, that

Sir
now
who was
principal in the active part.
The
service also of
English, of some six thousand, wasted, and tired with along winter s siege, engaged in the midst, between an army of a greater number than them selves, fresh and in vigour, on the one side; and a town strong in fortification, and strong in men, on the other. But what was the event 1 This, in few words that after the Irish and Spanish forces had come on, and showed themselves in some bravery, they were content to give tliu English the honour as to charge them first and when it came to the charge, there appeared no other difference between the valour of the Irish rebels and the Spaniards, but that the one ran away before they were charged, and the other
: ;
Eilward Cecil, Sir John Ogle, and divers straight after. And, again, the Spaniards that other brave gentlemen, was eminent. were in the town had so good memories of their In the year 1601, followed the battle of Kin- losses in their former sallies, as the confidence of
Bale, in Ireland.
By
this
Spanisl
invasion of an army, which
came
for their deliverance,
could
212
OF A
WAR WITH
:
SPAIN.
not draw them forth again. To conclude there succeeded an absolute victory for the English,
Spaniards did but salute them, about tht Capr de los Corientes, with some small offer of fight, and
with the slaughter of above two thousand of the enemy; the taking of nine ensigns, whereof six Spanish ; the taking of the Spanish general, d Ocampo, prisoner; and this with the loss of so
came
off witli loss; although it was such a m-\v thing for the Spaniards to receive so little hurt upon dealing with the English, as Avellaneda
made
th.-
groat hracrs of
few of the English as
is
scarce credible
being,
r \v,utin<_
upon
tin
as hath been rather confidently than credibly re ported, but of one man, the cornet of Sir Richard
de los Corientes
theless, in the
to
for no greater matter than English afar off, from Cape Cape Antonio ; which, never
it.
language of a soldier, and of a
Greame; though not a few hurt. There followed immediately after the defeat a present yielding up of the town by composition ; and not only so,
but an avoiding, by express articles of treaty ac corded, of all other Spanish forces throughout all Ireland, from the places and nests where they
settled themselves in greater strength, as in regard of the natural situation of the places, than that was of Kinsale; which were Castlehaven,
Spaniard, he called a chase.

But, before I proceed farther, it is good to meet with an objection, which if it be not removed, the conclusion of experience from the time past, to the time present, will not be sound and perfect. For it will be said, that in the former times, whereof
not so mighty as now and England, on the other side, was more aforehand in all matters of power. Therefore, let Indeed they went us compare with indifferency these disparities of Baltimore, and Beerehaven. with sound of trumpet, for they did nothing times, and we shall plainly perceive, that they away but publish and trumpet all the reproaches they make for the advantage of England at this present could devise, against the Irish land and nation ; time. And because we will less wander in gene insomuch as d Aquila said in open treaty, that ralities, we will fix the comparison to precise when the devil upon the mount did show Christ times; comparing the state of Spain and England all the kingdoms of the earth, and the glory of in the year eighty-eight, with this present year them, he did not doubt but the devil left out Ire that now runneth. In handling of this point, I will not meddle with any personal comparisons land, and kept it for himself. of the princes, counsellors, and commanders by I cease here; omitting not a few other proofs of the English valour and fortunes, in these latter sea or land, that were then, and that are now, in times ; as at the suburbs of Paris, at the Raveline, both kingdoms, Spain and England ; but only at Druse in Normandy, some encounters in Bri- rest upon real points, for the true balancing of the tanny, and at Ostend, and divers others; partly state of the forces and affairs of both times. And because some of them have not been proper yet these personal comparisons I omit not, but encounters between the Spaniards and the Eng that I could evidently show, that even in these lish ; and partly because others of them have not personal respects the balance sways on our part; been of that greatness, as to have sorted in com but because I would say nothing that may savour
had
we have spoken, Spain was

it
is;
It is of a pany with the particulars formerly recited. spirit of flattery or censure of the present true, that amongst all the late adventures, the government. First, therefore, it is certain, that Spain hath voyage of Sir Francis Drake, and Sir John Haw kins into the West Indies, was unfortunate; yet, not now one foot of ground in quiet possession in such sort as it doth not break or interrupt our more than it had in eighty-eight. As for the Valtoline and the Palatinate, it is a maxirn in prescription, to have had the better of the Spa For the disaster of state, that all countries of new acquest, till they niards upon all fights of late.
was caused chiefly by sickness ; as be settled, are rather matters of burden, than of might well appear by the deaths of both the gene strength. On the other side, England hath Scot Sir Francis Drake, and Sir John Hawkins, of land united, and Ireland reduced to obedience, rals, The land and planted which are mighty augmentations. the same sickness amongst the rest. Secondly, in eighty-eight, the kingdom of enterprise of Panama was an ill measured and immature counsel for it was grounded upon a France, able alone to counterpoise Spain itself, false account, that the passages towards Panama much more in conjunction, was torn with tho were no better fortified than Drake had left them. party of the league, which gave law to their king But yet it sorted not to any fight of importance, and depended wholly upon Spain. Now France but to a retreat, after the English had proved is united under a valiant young king, generally the strength of their first fort, and had notice of obeyed if he will, himself King of Navarre as the two other forts beyond, by which they were well as of France; Snd that is no ways It is true, that in the return of prisoner, though he be tied in a double chain of to have marched. the English fleet they were set upon by Avella- alliance with Spain.
that journey
;
:
1
ik>T
neda, admiral of twenty great ships, Spanish, our fleet being but fourteen, full of sick men, deprived
of their two generals by sea, and having no pre tence but to journey homewards and yet the
:
Rome
at six
to
Thirdly, in eighty-eight, there sat in the see of a fierce thundering friar, that would set all and seven; or at six and five, if you allude
his
name: and though
lie
wuuld
after
have

turned his teeth
order with before
ijimi
11
213
in
Spain, yet. he
to
tlr.it.
;i
\\
as taken
clasped
Germany almost
in a
his
fist,
he was
came
Now,
tli;it
u>
there is
ascended
to tin;
papacy,
personage,
came
in
the party by ,i clia-te ili .-lion, no ways obliged of the Spaniards: ;i m. in bred in ambassages and iilVairs of -tair, that lialh much of the prince, and
go from Isburg, arid, aa if it mask, by torchlight, and to quit loot iii Germany round that he had gotten; every which, I doubt not, will be the hereditary issuo
forrrd, in the end, to
had
tin n
and one, that though he loves tin chair of the papacy well, yet he loveth tin iMrpet above the chair; that is, Italy, and the
nothing of
1
tin
friar;
of this late purchase of the Palatinate. And so I conclude the ground that I have to think that Spain will be no overmatch to Great Britain, it
his majesty should enter into a war, out of rience, and records of time.
expe
liberties thereof well likewise.
Fourthly, in eighty-eight, the King of
Denmark
Spain; now
D!
ranger to England, and rather inclined to the king is incorporated to the blood
in the quarrel of the
For grounds of reason, they are many; I will extract the principal, and open them briefly, and, For situation, I pass it as it were, in the bud.
over; though it be no small point: England, Savoy, and the Scotland, Ireland, and our good confederates, the princes and cities of Germany, had but a dull fear United Provinces, lie all in a plump together, not of the greatness of Spain, upon a general appre accessible but by sea, or, at least, by passing of hension only of the spreading and ambitious great rivers, which are natural fortifications. As designs of that nation now that fear is sharpened for the dominions of Spain, they are so scattered, 1 and pointed by the Spaniards late enterprises as it yieldeth great choice of the scenes of the upon the Valtoline, and the Palatinate, which war, and promiseth slow succours unto such part come nearer them. There be three main parts as shall be attempted. Fifthly, and lastly, the Dutch, which is the of military puissance, men, money, and confede Spaniards perpetual duellist, hath now, at this rates. For men, there are to be considered valour Of valour I speak not; take it present, five ships to one, and the like proportion and number. in treasure and wealth, to that they had in eighty- from the witnesses that have been produced eight. Neither is it possible, whatsoever is given before yet, the old observation is not untrue, out, that the coffers of Spain should now be fuller that the Spaniard s valour lieth in the eye of the than they were in eighty -eight; for, at that time, looker on; but the English valour lieth about the Spain had no other wars save those of the Low soldier s heart. A valour of glory, and a valour
Palatinate.
England, and engaged
Then,
also, Venice,
Countries, which were
grown into an ordinary; they have had coupled therewith the extraor dinary of the Valtoline, and the Palatinate. And
now
so
I
But let that of natural courage, are two things. pass, and let us speak of number: Spain is a
conclude
my answer
to the objection raised

;
touching the difference of times

into
not entering
sown of people; partly by reason of the sterility of the soil, and partly because their natives are exhausted by so many employments
nation thin
in such vast territories as they possess.
it
more
secret passages of state, but keeping
So
thai
that character of style

"
whereof Seneca speaketh,
plus significat quam loquitur." Here 1 would pass over from matter of experi ence, were it not that I held it necessary to dis cover a wonderful erroneous observation that
ten or twelve thousand
hath been accounted a kind of miracle, to see native Spaniards in an army. And it is certain, as we have touched it, a
little
before, in
passage, that the secret of the
power of Spain consisteth in a veteran army, walketh about, and is commonly received, con compounded of miscellany forces of all nations, which for many years they have had on foot upon trary to all the true account of time and experi It is, that the ence. Spaniard, where he once one occasion or other: and if there should happen getteth in, will seldom or never be got out again. the misfortune of a battle, it would be a long work Not long to draw on supplies. They tell a tale of a Spanish Hut, nothing is less true than this. since they got footing at Brest, and some other ambassador that w,is brought to see the treasury in French Britain, and after quitted them. of St. Mark at Venice, and still he looked down to parts
They had
Calais, Ardes, and Amiens, and ren dered them, or were beaten out. They had since Marseilles, and fairly left it. They had the other
the ground
and being asked,

"he
why
if it
he so looked
down,
i !
said,
was looking
root,
to see
treasure had
any
so that,
whether their were spent, it
day the Valtoline, and now have put it in deposit. What they will do with Ormus, which the Persian hath taken from them, we shall see. So that, to speak truly of latter times, they have rather and offered at a number of enterprises, poached
than maintained any constantly; quite contrary to tt^t idle tradition. In more ancient times, leaving
tneir purchases in Afric, which they after aban doned, when their great Emperor Charles had
would grow again; as his master s had." But, howsoever it be of their treasure, certainly their forces have scarce any root; or, at least, such a It is root as buddeth forth poorly and slowly. true they have the Walloons, who are tall sol
But, diers, yet, that is but a spot of ground. the other side, there is not in the wor d again
r>n
such a spring and seminary of brave military peo ple, as in England, Scotland, Ireland, and the
214

|
same articles, against Charles the Fifth, who had impatronized himself of a great part of Germany, through the discord of the German princes, Europe that is a money grower. But in this part, which himself had sown and fomented: whirh of all others, is most to be considered, the ticklish league at that time did the deed, and drave out a and brittle state of the greatness of Spain. Their the Spaniards out of that part of Germany ; and
the
j
United Provinces: so as if wars should mow them down never so fast, yet, they may be suddenly supplied, and come up again. For money, no doubt it is the principal part of
foreign forces, than they had in the years 1553 and 1553. At which time they contracted a league with Henry the Second, the French king, upon
the greatness of Spain; for by that they maintain their veteran army: and Spain is the only state of
greatness consisteth in their treasure, their treasure in their Indies, and their Indies, if it be well weighed, are indeed but an accession to such as
reintegrated that nation in their ancient liberty and honour. For the West Indies, though Spain hath had yet not much actual disturbance there,
i
have been from England ; yet, neverthelay a kind of claim unto ; accounting the title of Spain but as a moof those large countries, wherein they nopoly have in great part but an imaginary possession, For Afric upon the west, the Moors of Valentia United Provinces, be not able to beat the Spa- expulsed, and their allies, do yet hang as a cloud niard at sea ? For, if that be so, the links of that or storm over Spain. Gabor on the east is like an chain whereby they hold their greatness are dis- anniversary wind, that riseth every year upon the solved. .Now, if it be said, that, admit the case party of Austria. And Persia hath entered into of Spain to be such as we have made it, yet, we hostility with Spain, and giveth them the first It is within every ought to descend into our own case, which we blow by taking of Ormus. shall find, perhaps, not to be in state, for trea man s observation, also, that Venice doth think To which, their state almost on fire, if the Spaniards hold sure, to enter into a war with Spain. I answer, know no such thincr ; the mint beateth the Valtoline. That Savoy hath learned by fresh well; and the pulses of the people s hearts beat experience, that alliance with Spain is no security well. But there is another point that taketh against the ambition of Spain ; and that of Bava* away quite this objection: for whereas wars are ria hath likewise been taught, that merit and generally causes of poverty or consumption; on service doth oblige the Spaniard but from day to the contrary part, the special nature of this war day. Neither do I say for all this, but that Sp tin with Spain, if it be made by sea, is like to be a may rectify much of this ill blood by their parti lucrative and restorative war. So that, if we go cular and cunning negotiations: but yet there it roundly on at the first, the war in continuance is in the body, and may break out, no man knowwill find itself. And therefore you must make a eth when, into ill accidents and at least it great difference between Hercules labours by showeth plainly, that which serveth for our pur and Jason s voyage by sea for the golden pose, that Spain is much destitute of assured and land,
are masters
by sea. So as this axle-tree, whereupon their greatness turneth, is soon cut in two that shall be stronger than they by sea. any Herein, therefore, I refer myself to the opinions of all men, enemies, or whomsoever, whether that the maritime forces of Great Britain, and the
r>y
1
except
it
less, I see all princes
them
I.
fleece.
confident confederates.
And,
therefore, I will
For confederates
knowledge, how
not take upon me the the princes, states, and councils

;
I will
of Europe, at this day, stand affected towards Spain ; for that trencheth into the secret occurrents of the present time, wherewith, in all this treatise, I have forborne to meddle. But to speak
conclude this part with the speech of a counsellor of state in Spain at this day, which was not with out salt he said to his master, the King of Spain
:
of that which lieth open and in view ; I see much matter of quarrel and jealousy, but little of amity and trust towards Spain, almost in all other to speak of; which was, the balancing of the estates. I see France is in competition with them forces between the king s majesty and the King for three noble portions of their monarchy, Na of Spain, if a war must follow.
varre, Naples, difference with
Sir, I will tell your is, upon occasion ; majesty thus much for your comfort ; your majesty hath but two enemies, whereof the one is all the world, and the other is your own ministers." And thus I end the second main parti propounded
that
now
"
once in thirty
and Milan ; and now freshly in them about the Valtoline. I see or forty years cometh a pope, that
casteth his eye upon the kingdom of Naples, to recover it to the church; as it was in the minds
of Julius the Second, Paul the Fourth, and Sixtus the Fifth. As for that great body of Germany,
THE FIRST COPY OF MY DISCOURSE TOUCHING THE SAFETY OF THE QUEEN S PERSON.*
the principal remedies, I could think extirpating the principal cause of those con of those fugi spiracies, by the breaking the nest
of, for
THESE be
I see they have greater reason to confederate tive traitors, and the filling them full of terror, And it is true, I .hemselves with the Kings of France, and Great despair, jealousy, and revolt. thought of some other remedies, which, because Britain, or Denmark, for the liberty of the Ger * From the original in the Lambeth Library. man nation, and for the expulsion of Spanish and
OF A
in
\VAIl
WITH SPAIN.
215
t.ikfl
mine own conceit

ll.ive
;illil
did
therefore do forbear to express.

1
not so well allow, I And so likewise
t:iin, do carefully and sufficiently provide and order that her majesty receive ir n i,,l int.
:
thought, thought again, of llie ine.in-i to stop and divert as well the attempts of violence as poison, in the performance and execution. Hut
in
it
so yet, under correction, methinks it is not done with that irlory and note to the world, which was
in
Mr. Secretary Walsingham s* time
and in
knowing how my
travel
may
be accepted,
this case, as
was
said,
"
The second remedy 1 being the unwarranted wishes of a private man, 1 leave; humbly praying her majesty s pardon, ranee, as that which is more removed from the if in the y.eal of my simplicity I have roved at compass of mine understanding : and that is, to treat and negotiate with the King of Spain, or things above my aim.
opinio veritate major." deliver with less tMU
TMK FRAGMENTS OF A DISCOURSE, TOfr HIM INTKLLICKNCE, AND THE SAFETY OF THE QUEEN S PERSON.* THE first remedy, in my poor opinion, is that
;
Archduke Ernest,f who where these conspiracies
resides
in
the
place
are most forged, upon the point of the law of nations, upon which kind of points princes enemies may with honour nego
tiate,
viz.,
that,
contrary to the
same law of
against which, as I conceive, least exception can be taken, as a thing without controversy, honour able and politic ; and that is reputation of good
I say not intelligence. only good intelligence, but the reputation and fame thereof. For I see, that where booths are set for watching thievish
nations, and the sacred dignity of kings, and the honour of arms, certain of her majesty s subjects,
if it
be not thought meet
to
impeach any of his
refuged in his dominions, have con spired and practised assassination against her ma
ministers,
jesty s person.
* Who died April 6, 1590. After hi- death the business of secretary of state appears to be chiefly done by Mr. Robert Cecil, who was knighted by Queen Eli/.abelh at Theobald *, about the beginning of June, 1591, and in August following sworn of the privy council ; but not actually appointed secrc BIRCH. tary of state till July 5, 1596. t Ernest, Archduke of Austria, son of the Emperor Maxi milian II., and governor of the Low Countries, upon which government he entered in June, 1594 ; but held it only a short
It was probably in time, dying February 11/21 following. pursuance of the advice of Mr. Francis Uucon in this paper, Queen Elizabeth sent to the Archduke in 159-1, to com plain of the designs which had been formed against her lite by the Count de Fuente?, and L)on Diego de Ibarra, and other
places, there is no more robbing: and though no doubt the watchmen many times are asleep, or away; yet that is more than the thief knoweth ;
so as the
empty booth
is
strength and safeguard

there be
sown an opinion abroad, that her majesty hath much secret intelli gence, and that all is full of spies and false breth ren ; the fugitives w ill grow into such a mutual
enough. So, likewise,
if
jealousy and suspicion one of another, as they will not have the confidence to conspire together, not
that
knowing
tice
whom to trust; and thinking all prac bootless, as that which is assured to be dis
And to this
covered.
purpose, to speak reverently, as becometh me, as I do not doubt but those honourable counsellors, to whom it doth apper*
in governing the Low Countries Duke of ! arma,in December, and by the English fugitives there and to desire him to signify those facts to the King of Spain, in order that he might
Spanish ministers concerned

1592,
after the death of Alexander,
From
the original in the
Lambeth Library.
character, by punishing his ministers, and delivering up to her such fugitives as were parties in such Cnmilent Situates /tz. Regina, p. 625. Edit. I.uf designs. duni Bat. 1625. BIB*M vindicate his
own
A TRUE REPORT
THE DETESTABLE TREASON,

INTENDED BV
DOCTOR RODERIGO LOPEZ,

A PHYSICIAN ATTENDING UPON THE PERSON OF THE QUEEN
WHOM
HE, FOR A SUM OF MONEY, PROMISED TO BE PAID HIM BV
MAJESTY,
THE KINO OF
SPAIN, DID
NOFKTAKE TO HAVE DESTROYED
[PENNED DURING THE QUEEN
LIFE.]
THE King of Spain having found, by the of 88, the difficulty of an invasion of England, and having also since that time embraced the matters of France, being a design of a more easy nature, and better prepared to his
enterprise
matter which might be violence or poison. proved to be not only against all Christianity and religion, but against nature, the law of nations,
the honour of
arms, the
civil
law, the rules
hand, hath of necessity
for a time laid aside the prosecution of his attempts against this realm, by open forces, as knowing his means unable to
of morality and policy ; finally, to be the most condemned, barbarous, and ferine act that can be imagined ; yea, supposing the quarrels and hosti
wield both actions at once, as well that of England as that of France ; and, therefore, casting at the
lity between the princes to be never so declared and so mortal, yet, were it not that it would be a very reproach unto the age, that the matter should fairest, hath, in a manner, bent his whole strength be once disputed or called in question, it could in the mean time, only a never be defended. And, therefore, I leave it to upon France, making, defensive war upon the Low Countries. But the censure which Titus Livius giveth in the like rinding again, that the supports and aids which case upon Perseus, the last King of the Macedons, her majesty hath continued to the French king, afterwards overthrown, taken with his children, are a principal impediment and retardation to his and led in Quem non triumph by the Romans; prevailing there according to his ends, he hath, justum helium gerere regio animo, sed per omnia.
"
now of late, by all means, projected to trouble the waters here, and to cut us out some work at home, that by practice, without diverting and employing any great forces, he might, nevertheless, divert
our succours from France.
to which purpose, he first proved to innovation in Scotland, not so much in hope to alienate the king from the amity of her majesty, as practising to make a party there
clandestina grassari scelera, latrociniorum ac veneficiorum, cernebant."
But
to
proceed
certain
it
is,
that even about
this present time there have been suborned and sent into this realm divers persons, some English,
According
some
move some
Irish, corrupted by money and promises, and resolved and conjured by priests in confession, tc
against the king himself, whereby he should be compelled t use her majesty s forces for his
assistance.
this realm,
rise in
Then he solicited a subject within being a person of great nobility, to

;
have executed that most wretched and horrible which number certain have been taken, and some have suffered, and some are spared because they have with great sorrow confessed these attempts, and detested their suborners.
fact; of
And
if I
arms and levy war against her majesty which practice was by the same nobleman loyally and prudently revealed. And, lastly, rather, as it is to be thought, by the instigation of our traitor ous fugitives in foreign parts, and the corrupter sort of his counsellors and ministers, than of his own nature and inclination, either of himself, or his said counsellors and ministers using his name, have descended to a course against all
honour, all society and humanity, odious to God and man, detested by the heathens themselves,
this cursed enterprise
should conjecture what the reason is, why was at this time so hotly,
and with such diligence pursued, I take it to be were ripe, chiefly because the matters of France and the King of Spain made himself ready to unmask himself, and to reap that in France, which he had been long in sowing, in reff;ird that, there being like to be a divulsion in the league by the reconciliation of some of the heads to the king, the
being destituted by their wholly into the King of Spain s arms, and to dismember
sort,
associates,
\
more passionate were
like to cast themselves
which
is,
to take
away
the
life
of her majesty,
!)
some important
piece of that
crown
thoucrh
now
(which God have in his precious custody
by upon
i
this fresh accident of receiving the
king into
21o
KITOUT OF
Paris,
all
if
i.ori://s
TI;I:A>\.
217
s
is
to
be th-mMit that both
the worst
wrM.
of
F-r SMMIC of her majesty
council
\<>i\g
ccied of
tin-
any
tolerable
league will submit themselves II;M.M conditions to their natural king

;
since entered into consideration, that the reunite King Antonio, I mean some of them, were not
aspire to make their peace at home, by some such unexpected, especially of wicked services as these ; and therefore grew to the council of Spain, during this his supposed have an extraordinary vigilant eye upon them harvest in ranee, his council had reason to wish which prudent and discreet presumption, or con
and the in strength and reputation of Spain will t.ik. a second advice ere he mbark himMlf tOO far in any new attempt against Fr.mce. JJut, taking the atl airsas they then stood
thus advanced
unlike
to
hutch these kinds

i
_"
,,
regard
King
re
of their
ni. red into r-. needy stran despair master s fortune, and like enough to
before this
accident
were no disturbance from hence, where jecture, joined with some advertisements of espials abroad, and some other industry, was the first they make account that if her majesty were re moved, upon whose person God continue his cause, next under the great benediction of God, extraordinary watch and providence! here would which giveth unto princes zealous counsellors, be nothing but confusion, which they do not and giveth to counsellors policy, and discerning doubt but, with some no great treasure, and forces thoughts, of the revealing and discovering of from without, may be nourished till they can these treasons, which were contrived in order and more fully intend the ruin of this state, according form, as hereafter is set down. This Lopez, of nation a Portuguese, and sus to their ancient malice. But howsoever that be, amongst the number of pected to be in sect secretly a Jew, though here these execrable undertakers, there was none so he conformed himself to the rites of the Christian much built and relied upon by the great ones of religion, for a long time professed physic in thin
that th.-re
the other side, as was this physician, Lopez; nor, indeed, none so dangerous : whether you consider
the aptness of the instrument, or the subtlety and secrecy of those that practised with him, or the
shift and evasion which he had provided for a colour of his doings, if they should happen to come into question. For, first, whereas others
by occasion whereof, being withal a man very observant and officious, and of a pleasing and appliable behaviour; in that regard, rather than for any great learning in his faculty, he grew
land,
known and
hold
;
since sworn
favoured in court, and was some years physician of her majesty s house
s gifts of
and by her majesty

to
were
and encounter infinite difficulties, in the very obtaining of an opportunity to execute this horrible act; and, besides, cannot but see present and most assured death before their eyes, and therefore must be, as it were, damnable vota ries if they undertake it: this man, in regard of his faculty, and of his private access to her majesty, had both means to perpetrate, and means to conceal, whereby he might reap the fruit of his wicked treason without evident peril. And for his complices that practised with him, being Portuguese, and of the retinue of King Antonio, the
to find
had received divers
bounty, of whom he good commodity, was
good estate of wealth. insinuated himself greatly, in regard he was of the same nation, with the King Antonio, whose causes he pretended to solicit at the court: especially while he supposed there
grown
This
man had
was any appearance
of his fortune; of whom also he had obtained, as one that referred all his doing to gain, an assignation of 50,000 crowns to be
levied in Portugal. But being a person wholly of a corrupt and mercenary nature, and finding his hopes cold from that part ; he cast his eyes upon
King of Spain s mortal enemy, they were men a more able paymaster, and secretly made offer thereby freed and discharged from suspicion, and long since of his service to the King of Spain might send letters and receive letters out of Spain and accordingly gave sundry intelligences of that without jealousy as those which were thought which passed here, and imported most for the
: ;
to entertain intelligences there for the good of their master. And, for the evasion and mask that
King
of Spain to
know, having no small means,
in
Lopez had prepared for this treason, if it had not been searched and sifted to the bottom, it was, that he did intend but to cozen the King of Spain, without ill meaning; somewhat in the nature of that stratagem which Parry, a most cunning and artificial traitor, had provided for himself.
matter, by the great goodness of God, falling into good hands, of those honourable and sufficient persons which dealt
regard of his continual apndance at court, nearness and access, to learn many particulars of
which intelligences he maintained with Bernardine Mendoza, Antonio Vega, Roderigo Marquez, and divers others,
great weight:
Nevertheless, this
In the conveyance of which his intelligences, land in the making known of his disposition to do the King of Spain service, he had, amongst others,
one Manuel Andrada, a Portuguese, revolted from Don Antonio to the King of Spain ; one that was and worthy industry discovered to have practised the death of the said therein, was by their so handled and followed, as this Proteus of a dis- Don Antonio, and to have betrayed him to He guisrd and transformed treason did at last appear nardine Mendoza. This man coming hither, was, in his own likeness and colours, which were as for the same, his practice appearing by letters foul and monstrous as have been known in the intercepted, apprehended and committed to prison. T VOL. II. 38
<rreat
818
REPORT OF LOPEZ
TREASON.
Before which time, also, there had been by good diligence intercepted other letters, whereby the said Andrada advertised Mendoza, that he had
won Dr. Lopez to the king s service but Lopez having understanding thereof, and finding means to have secret conference with Andrada before his
:
him about the certainty of his reward. A nditda having received those instructions, and being fur nished witli money, by Lopez s procurement, from Don Antonio, about whose service his
employ mrnt \\ as believed to be, went ovty to Calais, where he remained to be near unto Eng examination, persuaded with him to take the land and Flanders, having a boy that ordinarily matter upon himself, as if he had invented that passed to and fro between him and Lopez
:
!>y
advertisement touching Lopez, only to procure himself credit with Mendoza; and to make him conceive well of his industry and service. And
to
whom
he did also, the better
to colour his
cmplry-
move him
hereunto, Lopez
set before
Andrada,
that if he did excuse him, he should have credit to work his delivery : whereas, if he did impeach
nifiit, write to Lopez intelligence, as it was agreed he should between him and Lopez; who bade him send such news as he should take up in the streets. From Calais he writeth to Count de
Fuentes of Lopez
promise and demands.
Upon
him, he was not like to find any other means of favour. By which subtle persuasion Andrada, when he came to be examined, answered accord ing to the direction and lessoning which Lopez had given him. And having thus acquitted him
self of this suspicion, became suitor for Andrada s delivery, craftily suggesting, that he was to do some notable service to Don Antonio ; in which
the receipt of which letters, after some time taken to advertise this proposition into Spain, and to receive direction thereupon, the Count de Fuentes associated with Stephano Ibarra, secretary of the council of the wars in the Low Countries, calleth
to
him one Manuel Louis Tinoco, a Portuguese, also followed King Antonio, and of whose good devotion he had had experience, in his suit he accordingly prevailed. When Lopez that he had conveyed unto him two several had thus got Andrada out of prison, he was suf packets, wherewith he was trusted by the Kimr
who had
fered to
tence, as
go out of the realm into Spain was said, to do some service
in pre
to
Antonio
for
France.
Of
this
Louis the
first
Don
received a corporal oath, with solemn ceremony,
Antonio; but, in truth, to continue Lopez s nego tiation and intelligences with the King of Spain, which he handled so well, as at his return hither, for the comforting of the said Lopez, he brought to him from the king, besides thanks and words of encouragement, and an abrazo, which is the
taking his hands between their hands, that he should keep secret that which should be imparted to him, and never reveal the same, though he
compliment nf favour, a very good jewel, gar nished with sundry stones of good value. This jewel, when Lopez had accepted, he cunningly
should be apprehended and questioned here. This done, they acquaint him with the letters of Andrada, with whom they charge him to confer at Calais in his way, and to pass to Lopez into
Ferrera de
England, addressing him farther to Stephano Gama, and signifying unto the said cast with himself, that if he should offer it to her Lopez withal, as from the king, that he gave no he was assured she would not take great credence to Andrada, as a person too slight majesty first, it: next, that thereby he should lay her asleep, to be used in a cause of so great weight: and and make her secure of him for greater matters, therefore marvelled much that he heard nothing according to the saying, "Fraus sibi fidem in from Ferrera of this matter, from whom he had in Lo parvis praestruit ut in magnis opprimat;" which former time been advertised in generality of This accordingly he did, with protestations of his fide pez s good affection to do him service.
and her majesty, as a princess of magnani mity, not apt to fear or suspicion, returned it to
lity:
Ferrera had been sometimes a
man
of great liveli
hood and wealth in Portugal, which he did forego him with gracious words. in adhering to Don Antonio, and appeareth to he After Lopez had thus abused her majesty, and a man of capacity and practice; but hath some
had these
fell in
trials of the fidelity of Andrada, they conference, the matter being first moved by Andrada, as he that came freshly out of Spain,
to the service of the years since been secretly won King of Spain, not travelling, nevertheless, to and
fro,
but residing as his lieoer in England.
touching the empoisoning of the queen : which Lopez, who saw that matter of intelligence, with out some such particular service, would draw no great reward from the King of Spain; such as a man that was not needy, but wealthy as he was, And to could find any taste in, assented unto. rhat purpose procured again this Andrada to be
Manuel Louis, despatched with these instruc tions, and with all affectionate commendations
from the count to Lopez, and with letters to Ferrera. took his journey first to Calais, where lie con ferred with Andrada; of whom receiving ample information, together with a short ticket of credence to Lopez, that he was a person whom
m<.je
snt
matter to the
over, as well to advertise and assure this King of Spain and his ministers,
namely, to the Count de Fuentes, assistant to the general of the King of Spaii. s forces in the Low Countries, as also to capitulate and contract with
he might trust without scruple, came over into Erujland, and first repaired to Ferrera, and acquainted him with the state of the business, who had before that time given sonic light unto unto the pracLopez, that he was not a stranger
Ki:i
tKT OF LOriV/N TKKASON.

touched before, as
219
many
starting holes and eva
lice
between
hud
f
lii;ii :\\\
Andrada,
\vliere\vith, indeed,
Ainlr.ul.t
upon
i
this
ln;n. Ami now, sions as he could devise, if any of in a sort new despatch and knowledge (riven to should come to light. And first he
a<-i|ii.iint.-d
these matters
took his time
the choice of Ferrera to continue that
to cast forth sunn-
wliirli Amlr;id;i h.nl
begun;
he, to
conform him
self the bettor to the satisfaction of the King; of Spain, and his ministers abroad, was content
fully to communicate with Ferrera, with whom, from that timr forward, he meant singly
in
olf to her majesty, as asking her the question, Whether a deceiver might not be deceived? Whereof, her
^rner.il
words
at .ir
Tf
majesty not imagining these words tended to such end, as to warrant him colourably in this wretched
conspiracy, but otherwise, of her own natural dis position bent to integrity and sincerity, uttered
dislike and disallowance.
and apertly to deal ; and therefore cunningly for bore to speak with Manuel Louis himself; but concluded that Ferrera should be his only trunk, and all his dealings should pass through his li.ni l. thinking thereby to have gone invisible. Whereupon, he cast with himself, that it was not safe to use the mediation of .Manuel Louis, who had been made privy to the matter, as some base carrier of letters; which letters also should be written in a cipher, not of alphabet, but of words; such as might, if they were opened, im And, therefore, port no vehement suspicion. Manuel Louis was sent back with a short answer, and Lopez purveyed himself of a base fellow, a
Portuguese called
Next, he thought he had wrought a great mystery in demanding the precise sum of 50,000 crowns, agreeing just with the sum of assignation or donation from Don An tonio ; idly, and in that grossly imagining, that, if afterwards he should accept the same sum, he might excuse it, as made good by the King of Spain, in regard he desisted to follow and favour
Don Antonio; whereupon

in
the
King of Spain was

loser.
honour
tied not to see
him a
Thirdly, in
his conferences with
Ferrera,
Gomez
d Avila, dwelling hard
by Lopez s house, to convey his letters. After this messenger provided, it was agreed between prove a high point for his justification, if things Lopez and Ferrera, that letters should be sent to should come in any question. But all this while desirous after his prey, which the Count de Fuentes, and Secretary Juarra, written and signed by Ferrera, for Lopez caute- he had in hope devoured, he did instantly impor
lously did forbear to write himself, but directed and indeed dictated word by word by Lopez
himself.
posed upon the particular poison her majesty, he purposely named unto him a syrup, knowing that her majesty never useth syrup ; and therefore thinking that would
when he was apmanner how he would
tune Ferrera for the answering of his last de

spatch, finding the delay strange, and reiterating the protestations of his readiness to do the ser
vice, if he
contents thereof were, that Lopez was ready to execute that service to the king, which before had been treated, but required for his
The
were assured of his money.
recompense the sum of 50,000 crowns, and as surance for the same. These letters were written obscurely, as was touched, in terms of merchandise; to which
obscurity
they
when Ferrera excepted, Lopez answered, knew his meaning by that which had passed
Ferrera wrote also to
before.
Manuel Louis, but
charged this Gomez to deliver the same letters unto him in the presence of Juarra; as also the
Juarra in the presence of Manuel Louis. these letters were delivered to Gomez d Avila be carried to Brussels, and a passport procured, and his charges defrayed by Lopez. And Fer rera, the more to approve his industry, writ let
letter to
Gomez d Avila into England, this Stephen Ferrera was discovered to the enemy ; but so as the have intelligence with particular of his traffic and overtures appeared not, only it seemed there was great account made of that he managed and thereupon he was committed to prison. Soon after arrived Gomez d Avila, and brought letters only from Manuel Louis, by the name of Francisco de Thores ; because, as it seemeth, the great persons on the other side had a contrary disposition to Lopez, and liked not to
before the return of
:
Now
And
to
write by so base a messenger, but continued their course to trust and employ Manuel Louis himself,
who
j
in likelihood
was
retained
till
they might
ters
conveyed hy Kmiinuel Pallacios, with the privity of Lopez, to was apprehended at his landing, and about him Cmistophero Moro, a principal counsellor of the were found the letters aforesaid, written in jargon,
I
two several times, the one
receive a full conclusion from Spain ; which was This Gomez not till about two months after.
King of Spain, in Spain ; signifying that Lopez or verbal cipher, but yet somewhat suspicious, in was won to the King of Spain, and that he was these words "This bearer will tell you the price? ready to receive his commandment; and received in which your pearls are esteemed, and in wiia. a letter from the same Christophero Moro, in resolution we rest about a little musk and amhe, answer to one of these, which he showed unto which I am determined to buy." Which words Lopez. In the mean time Lopez, though a man, the said Manuel Louis afterward voluntarily con
:
in semblance, of a
heavy wit.
yt
indeed subtle
of himself, as one trained in practice, and In sides as wily as fear and ccrvetousuess could make
fessed to be deciphered in this sort; That by the, allowance of the pearls he meant, that the Count de Fuentes, and the secretary, did gladly accept the offer of
him, thought
to provide fur himself, as
was
partly
Lopez
to
poison the queen, signified
220
:
REPORT OF LOPEZ
TREASON.
by Ferrera s letter and for the provision of amber and musk, it was meant that the count lookrd shortly for a resolution from the King of Spain concerning a matter of importance, which was for burning of the Queen s ships ; and another
point tending to the satisfaction of their vindictive
confessions appear expressed in their own natural language, trstilicd and subscribed with their own
hands; and
in
open assembly,
at the
arraignment
of Lopez in the Guildhall, were by them con firmed and avouched to Lopez his face; and therewithal are extant, undefaced, the original
letters from Count de Fuentes, Secretary Juarra, humour. But while the sense of this former letter rested and the rest. And Lopez himself, at his first apprehension ambiguous, and that no direct particular was con fessed by Ferrera, nor sufficient light given to and examination, did indeed deny, and deny with ground any rigorous examination of him, cometh deep and terrible oaths and execrations, the very over Manuel Louis with the resolution from conferences and treaties with Ferrera, or Andrada,
Spain; who first understanding of Ferrera s re about the empoisonment. And being demanded, straint, and therefore doubting how far things if they were proved against him what he would were discovered, to shadow the matter, like a say? he answered, That he would yield himself cunning companion, gave advertisement of an guilty of the fact intended. Nevertheless, being intent he had to do service, and hereupon obtained afterwards confronted by Ferrera, who constantly a passport: but after his coming in, he made no maintained to him all that he had said, reducing haste to reveal any thing, but thought to dally him to the times and places of the said confer and abuse in some other sort. And while the ences, he confessed the matter, as by his confes
was thus in the clouds, there was also inter sion in writing, signed with his own hand, little ticket which Ferrera in But then he fell to that slender eva prison had appeareth. found means to write, in care to conceal Lopez, sion, as his last refuge, that he meant only to and to keep him out of danger, to give a caveat of cozen the King of Spain of the money and in staying all farther answers and advertisements in that he continued at his arraignment, when, not these causes. Whereupon, Lopez was first called withstanding, at the first he did retract his own in question. confession and yet being asked, whether he was
light
cepted a
But, in conclusion, this matter being with

assiduity and policy more and mined into, first, there was
all
drawn, either by means of
torture, or
promise of
more pierced and life, to make the same confession 1 he did openly from Manuel testify that no such means were used towards him. Louis his letters from the Count de Fuentes and But the falsehood of this excuse, being an alle Secretary Juarra to Ferrera, in both which mention gation that any traitor may use and provide for is made of the queen s death in that of the himself, is convicted by three notable proofs. count s, under the term of a commission; and in The first, that he never opened this matter, neither
won
that of the secretary s, under the term of the great service, whereof should arise a universal benefit to the whole world. Also, the letters of credit
written by Gonsalo Gomez, one to Pedro de Carrera, and the other to Juan Pallacio, to take up a sum of money by Manuel Louis, by the foresaid
;
unto her majesty, unto whom he had ordinary access, nor to any counsellor of state, to have permission to toll on, and inveigle these parties with whom he did treat, if it had been thought so
wherein, percase, he had opportunity have done some good service, for the farther false name of Fr. de Thores letters so large, and discovery of their secret machinations against her The second, that he came too in a manner without limitation, as any sum by majesty s life. virtue thereof might be taken up which letters late to this shift; having first bewrayed his guilty were delivered to Louis by the Count de Fuentes s conscience, in denying those treaties and confer own hands, with directions to show them to ences till they were evidently and manifestly
convenient
to
Lopez for his assurance a matter of God s secret proved to his face. The third, that in conferring working in staying the same, for thereupon rested with Ferrera about the manner of his assurance,
;
only the execution of the fact of Lopez. Upon so narrow a point consisted the safety of her ma
jesty s life, already sold by avarice to malice and ambition, but extraordinarily preserved by that declaring his purpose to be, after the fact done, watchman which never slumbereth. This same speedily to fly to Antwerp, and there to tarry Manuel Louis, and Stephen Ferrera also, whereof some time, and so to convey himself to Constan the one managed the matter abroad, and the other tinople; where it is affirmed, that Don Salomon, resided here to give correspondence, never meet- a Jew in good credit, is Lopez his near kinsman,
|
he thought it better to have the money in the hands of such merchants as he should name in Antwerp, than to have it brought into England ;
ing after Manuel had returned, severally examined without torture or threatening, did in the end
voluntarily and clearly confess the matters abovementioned, and in their confessions fully consent
<
and that he
is
Salomon
whereby
greatly favoured by the said Don it is evident that Lopez had
cast his reckonings

fact done.
upon the supposition of the
and concur, not only in substance, but in

points, oarticularities, and circumstances
;
all
Thus
which
may appear, both how justly this Lopez* * Lope? was executed 7th June, 1591.
Ol
\s
I.OI
K/
that
TKKAMIN.
that
221
condemned
;
for the ln^ln-st trras.in
imagined and, how, by God s ness, her maji-.stv hath ln-i ii pri-srrvrd. And, surely, if a man do truly consider, it is hard to
say, whether
can be marvellous good

tlr.it
instrument preserve which lie hath m. Bullied. Hut the corruptions of these times arc wonderful, when that wars, which
he will indeed
hath done greater things by her majesty or for her if you observe on the one side, how God hath ordained her government to break
:
God
are the highest trials of right between prim-is, that acknowledge no superior jurisdiction, ami ought to be prosecuted with all honour, shall be
stained and infamed with such foul and
inhuman
and cross the unjust amhittoa of the two mighty potentates, the King of Spain and tin: Hishop of Koine, never so straitly between themselves com bined and, on the other side, how mightily God
:
Wherein if so great a king hath been practices. named, the rule of the civil law, which is a rule
of common reason, must be remembered
"
Frustra
hath protected her, both against foreign invasion
legis auxilium implorat, qui in legem committit." He that hath sought to violate the majesty royal,
and inward troubles, and singularly against the in the highest degree, cannot claim the pre-emi many secret conspiracies that have been made nence thereof to be exempted from just imputa against her life ; thereby declaring to the world tion.
T3
TRACTS RELATING TO ENGLAND.

OF THE
TRUE GREATNESS
OP THE
KINGDOM
OF
BRITAIN
TO KING JAMES.
-Fortunatos minium sua
si
bona norint.
THE greatness of kingdoms and dominions in bulk and territory doth fall under measure and demonstration that cannot err: but the just mea sure and estimate of the forces and power of an estate is a matter, than the which there is nothing among civil affairs more subject to error, nor
that error
art,
than they are, but rather, as by an instrument of helping the sense to take a true magnitude and dimension: therefore, I will use no hidden
order,
which
is fitter for
insinuations than sound
proofs, but a clear and confuting the errors, or
open order.
rather
First,
by
the
correcting
more subject
to perilous
For
hence
may
proceed
many
consequence. excesses of certain immoderate opinions, which inconsiderate ascribe too much to some points of greatness,
attempts, and insolent provocations in states which are not so essential, and by reducing those that have too high an imagination of their own points to a true value and estimation: then by forces: and hence may proceed, on the other propounding and confirming those other points of
side, a
toleration of
many
fair
grievances and
indignities, and a loss of many opportunities, in states that are not sensible enough of their own
greatness which are more solid and principal, though in popular discourse less observed : and
incidently by making a brief application, in both the better appear these parts, of the general principles and positions what greatness your majesty hath obtained of of policy unto the state and condition of these Of these the former part will God, and what greatness this island hath obtained your kingdoms. and what greatness it is, that by the gra branch itself into these articles. by
strength.
Therefore, that
it
may
you, cious pleasure of Almighty God you shall leave and transmit to your children and generations as the first founder; I have thought good, as far as I
First,
That
in the
measuring or balancing of
can comprehend,
to make a true survey and repre sentation of the greatness of this your kingdom of Britain ; being for mine own part persuaded,
greatness, there is commonly too much ascribed to largeness of territory. Secondly, That there is too much ascribed to
treasure or riches.
that the
supposed
prediction,
orientem in
occidente,"
may
"Video solem be no less a true
Thirdly, That there is too much ascribed to the fruitfulness of the soil, or affluence of com
modities.
vision applied to Britain, than to any other king dom of Europe ; and being out of doubt that none
And,
of the great monarchies, which in the memory of times have risen in the habitable world, had so seeds and beginnings as hath this your estate and kingdom, whatsoever the event shall be, which must depend upon the dispensation of
fair
The
First,
fourthly, That there is too much ascribed to the strength and fortification of towns or holds. latter will fall into this distribution
:
true greatness doth require a ation of the place or region.
That
fit
situ
Secondly, That true greatness consisteth essen tially in population and breed of men.
Thirdly, That
:
God s will and providence, and his blessing upon your descendants. And because I have no pur pose vainly or assentatorily to represent this greatness, as in water, which shows things bigger
it
consisteth also in the valour
and military disposition of the people it breedelh and in this, that they make profes
sion of arms.
222
OF THE TRUK GREATNESS OF BRITAIN.

Fourthly, That
\
it
ronsisteth in this point, that
ways
trouble a
sound resolution.
And
those
those times, shall find that this purchase which Alexander m.:de and compassed, was ottered by Fifthly, That it consistcth in the temper of the fortune twice before to others, though by aceid.-nt government fit to keep the subjects in good they went not through with it; namely, to Ageiiheart and courage, and not to keep them in lans, and Jason ofThessaly: for Age.sil.ms, after the condition of servile vassals. he had made himself master of most of the low And, sixthly, That it eonsisteth in the com- provinces of Asia, and had both design and com
lions or dcLTees of
make
subject by the poll be lit to a soldier, and not only certain condi-
common
that are conversant attentively in the histories ol
men.
forget the subject pro- verted and called home upon a war excited against pounded, as to fmd strange, that here is no men- his country by the states of Athens and Thebes, tion of religion, laws, or policy. For we speak of being incensed by their orators and counsellors,
.
mandment of the sea. And let no man so much
mission to invade the higher countries, was
di-
which were bribed and corrupted from Persia, as Agosilaus himself avouched pleasantly, when he said, That a hundred thousand archers of the of well-being. First, therefore, touching largeness King of Persia had driven him home: underof territories, the true greatness of kingdoms upon standing it, because an archer was the stamp upon earth is not without some analogy with the king the Persian coin of gold. And Jason of Thessaly, dom of heaven, as our Saviour describes it; which being a man born to no greatness, but one that he doth resemble, not to any great kernel or nut, but made a fortune of himself, and had obtained by
that
which
of
st. ites,
proper to the amplitude and growth and not of that which is common to
is
their preservation, happiness, and all other points
to one of the least grains ; but yet such a one, as hath a property to grow and spread. For as for large countries and multitude of provinces, they are many
his
own
tunities of time, a great
vivacity of spirit, joined with the oppor army, compounded of
times rather matters of burden than of strength, as may manifestly appear both by reason and exam By reason thus. There be two manners of ple.
securing of large territories, the one by the natural
voluntaries and adventurers, to the terror of all Graecia, that continually expected where that
cloud would
fall
disclosed himself in the end,
that his design was for an expedition into Persia, the same which Alexander, not many years after
arms of every province, and the other by the pro achieved, wherein he was interrupted by a private tecting arms of the principal estate, in which conspiracy against his life, which took effect. So case commonly the provincials are held disarmed. that it appeareth, as was said, that it was not any So are there two dangers incident unto every miracle of accident that raised the Macedonian
estate, foreign
invasion, and inward rebellion. Now, such is the nature of things, that these two remedies of estate do fall respectively into these two dangers, in case of remote provinces. For if such an estate rest upon the natural arms of the
monarchy, but only the weak composition of that vast state of Persia, which was prepared for a
prey to the first resolute invader. The second example that I will produce, is of the Roman empire, which had received no dimi
forces,
provinces,
revolt; if
it is
upon protecting arms,
sure to be subject to rebellion or it is sure to be

neither
nution in territory, though great in virtue and For so it was till the time of Jovianus.
weak
against invasion: avoided.
can
this
be
alleged by such as opposed themselves to the rendering Nisibis upon the dishonourable retreat
Now,
for
examples, proving the weakness of
of the
it
states possessed of large territories, I will use only two, eminent and selected. The first shall
Roman army out of Persia. At which time was avouched, that the Romans, by the space
be of the kingdom of Persia, which extended from Egypt, inclusive, unto Bactria, and the borders of the East India ; and yet, nevertheless, was overrun and conquered, in the space of seven years, by a nation not much bigger than this isle of Britain, and newly grown into name, having been utterly obscure till the time of Philip, the son of Amynlas. Neither was this effected by any
rare or heroical
of eight hundred years, had never, before that day, made any cession or renunciation to any part of their territory, whereof they had once had a con And yet, neverthe stant and quiet possession.
less,
immediately after the short reign of Jovianus, and towards the end of the joint reign of Valentinianus and Valens, which were his immediate successors, and much more in the times BI
ing,
the
Roman
empire, notwithstanding
the
magnitude thereof, became no better than a vulgarly conceived, for that Alexander the Great carcase, whereupon all the vultures and birds of in iet h now for one of the wonders of the world prey of the world did seize and ravine for many for those that have made a judgment grounded ages, for a perpetual monument of the essential upon reason of estate, do find that conceit to be difference between the scale of miles, and .he
prowess
in the conqueror, as is
;
merely popular;
"
for so Livy pronounceth of him, scale of forces. these rea And, therefore, Nihil aliudquambene aususvana contemnere." sons and examples, we may safely conclude, that Wherein he judgeth of vastness of territory as a largeness of territory is so far from being a thing vanity that may astonish a weak mind, but no inseparable from greatness of power, as it ia
j>on
OF THE TRUE GREATNESS OF BRITAIN.

times contrariant and incompatible with the the boughs and branches. For if the top be over But to make a reduction of that error to a great, and the stalk too slender, there can be no truth, it will stand thus, that then greatness of strength. Now, the body is to he accounted so teiritory addeth strength, when it hath these four much of an estate, as is not separated or dis
many
same.
conditions:
First,
That the
territories
be compacted, and
not dispersed.
but is tinguished with any mark of foreigners, united specially with the bond of naturalization; and therefore we see that when the state of Rome
Secondly, That the region which is the heart grew great, they were enforced to naturalize the and seat of the state, be sufficient to support Latins or Italians, because the Roman stem could those parts, which are but provinces and not bear the provinces and Italy both as branches additions. and the like they were contented after to do to Thirdly, That the arms or martial virtue of the most of the Gauls. So, on the contrary part, we
:
some degree answerable to the see in the state of Lacedaemon, which was nice in that point, and would not admit their confede greatness of dominion. And, lastly, That no part or province of the rates to be incorporate with them, but rested upon state be utterly unprofitable, but do confer the natural-born subjects of Sparta, how that a
state be in
some use
or service to the state.
The
first
of
these
is
manifestly true, and
For if there scarcely needeth any explication. be a state that consisteth of scattered points
instead
small time after they had embraced a larger empire, they were presently surcharged, in respect For so in the to the slenderness of the stem.
defection of the
Thebans and the
rest
against
slender lines instead of them, one of the principal revolters spake most can never be solid, and in the solid aptly, and with great efficacy in the assembly of latitudes, But what speak we of mathe the associates, telling them, That the state of figure is strength. matical principles ? The reason of state is evi Sparta was like a river, which, after that it had dent, that if the parts of an estate be disjoined run a great way, and taken other rivers and and remote, and so be interrupted with the pro streams into it, ran strong and mighty, but about vinces of another sovereignty ; they cannot pos the head and fountain of it was shallow and weak ; sibly have ready succours in case of invasion, nor and therefore advised them to assail and invade ready suppression in case of rebellion, nor ready the main of Sparta, knowing they should there
of lines, and
it
recovery, in case of loss or alienation by either of both means. And, therefore, we see what an
find
field
weak
:
resistance either of
towns
or in
the
endless work the

recover the
King of Spain hath had
to
of towns, because upon confidence of their greatness they fortified not upon the main ; in the
Countries, although it were to field, because their people was exhaust by garri him patrimony and not purchase ; and that chiefly sons and services far off. Which counsel proved in regard of the great distance. So we see that sound, to the astonishment of all Graecia at that our nation kept Calais a hundred years space time. after it lost the rest of France, in regard of the For the third, concerning the proportion of the
Low
and yet in the end they that were military forces of a state to the amplitude of em by surprise, and overran succour. pire, it cannot be better demonstrated than by the Therefore Titus Quintius made a good com two first examples which we produced of the parison of the state of the Achaians to a tortoise, weakness of large territory, if they be compared which is safe when it is retired within the shell, within themselves according to difference of time. but if any part be put forth, then the part exposed For Persia at a time was strengthened with large endangereth all the rest. For so it is with states territory, and at another time weakened ; and so that have provinces dispersed, the defence whereof was Rome. For while they flourished in arms, doth commonly consume and decay, and some the largeness of territory was a strength to them, times ruin the rest of the estate. And so, and added forces, added treasures, added reputa
near situation
;
nearer carried
it
we may observe, that all the great tion but when they decayed in arms, then great For their protecting monarchies, the Persians, the Romans, and the ness became a burden. like of the Turks, they had not any provinces to forces did corrupt, supplant, and enervate the the which they needed to demand access through natural and proper forces of all their provinces, the country of another: neither had they any long] which relied and depended upon the succours and
likewise,
:
And when that laces or narrow angles of territory, which were directions of the state above. environed or clasped in with foreign states ; but waxed impotent and slothful, then the whole state their dominions were continued and entire, and laboured with her own magnitude, and in the end
j
had thickness and squareness in their orb or conBut these things are without contradiction, For the second, concerning the proportion betwecn the principal region, and those which are hut secondary, there must evermore distinction be made between the body or stem of the tree, and
tents.
with her own weight. And that, no question, the reason of the strange inundations of peoand north-west overpie which hoth from the east whelmed the Roman empire in one age of the
fell
was
world, which a
attribute to
man upon
the
sudden would
some
constellation or latal revolution
OF
of tinir,
tion
dt"
Till:
TKU: GREATNESS OF BRITAIN.

jects
is
225
far
bfin<r
tin-
|{oiii;iii
indeed nothing else but the decima empire, which, having ell mii
able to
master and w jeld

th<:ir
more
territory
to
than
f.illfth to
lot.
But that followeth
be
nated and made

|ir"Vinces,
vile the n;itur;il
stiennth of thr
spoken of in
tin-
whaUoand not being able to supply it by tinAnd, lastly, it eve r of your countries and regions shall be ri;il and sovereign, ilid, us a lure cast abroad, invite and entice all the nations adjacent, counted tin mr.iin -t, yet is not inferior to those And by countries and regions, the people whereof some tn make their fortunes upon her decays. We see further by tlie same reason, there cannot but ensue a disso- ages since overran the world. Imi Mi to the state of the Turk, in regard of the the uniting of the continent of this island, and the postern as it was not the shutting up of l;ir^-nr.-,s of empire, whensoever their martial virtue and discipline shall be further relaxed, unfitly termed, all entrance of foreigners is ex For cluded : and we see again, that by the fit situation wh.reof tin- time seemeth to approach. certainly like as great stature in a natural body is and configuration of the north of Scotland toward soiiii- advantage in youth, but is but burden in age; the north of Ireland, and the reputation, com so it is with great territory, which when a state modity, and terror thereof, what good effects beiiinnrih to decline, doth make it stoop and have ensued for the better quieting of the troubles And so we conclude this first branch buck li- so much the faster. of Ireland. Fur the. fourth and last, it is true, that there is touching largeness of territory. as in the parts of a THE second article was, to be required and expected,
strength iuipt
|>.irt
|
proper place must be confessed, that
body, so in the members of a state, rather pro Some priety of service, than equality of benefit.
provinces are more wealthy, some more populous, and some more warlike; some situated aptly for the excluding or expulsing of foreigners, and some for the annoying and bridling of suspected and tumultuous subjects ; some are profitable in present, and some may be converted and improved to profit by plantations and good policy. And, therefore, true consideration of estate can hardly
find
That
there is too
much
ascribed to treasure or
riches in the balancing of greatness. Wherein no man can be ignorant of the idolatry that is generally committed in these degenerate
times to money, as if it could do all things public and private but leaving popular errors, this is likewise to be examined by reason and examples,
:
and such reason as
is
no new conceit or invention,
what
to reject, in matter of territory, in
any
but hath formerly been discerned by the sounder For we see that Solon, who sort of judgments. was no contemplative wise man, but a statesman
empire, except it be some glorious acquests obtained some time in the bravery of wars, which
cannot
trouble;
King
be kept without excessive charge and of which kind were the purchases of Henry VIII., that of Tournay ; and that of
;
Bologne
and of the same kind are
infinite other
the like examples almost in every war, which for the most part upon treaties of peace are restored.
Thus have we now defined where the largeness of territory addeth true greatness, and where not. The application of these positions unto the par ticular or supposition of this your majesty s king
and a lawgiver, used a memorable censure to Croesus, when he showed him great treasures, and store of gold and silver that he had gathered, telling him, that whensoever another should come that had better iron than he, he would be master Neither is the author of all his gold and silver. to be despised, specially in a ity of Machiavel matter whereof he saw the evident experience before his eyes, in his own times and country, who derideth the received and current opinion and principle of estate taken first from a speech
of Mutianus, the lieutenant of Vespasian, That money was the sinews of war; affirming, that it a mockery, and that there are no other true sinews of war, but the sinews and muscles of men s arms and that there never was any war, wherein the more valiant people had to deal with the more wealthy, but that the war, if it were well conducted, did nourish and pay itself. And had he not reason so to think, when he saw a needy and ill-provided army of the French, though
is
:
dom
of Britain, requireth few words. For, as I professed in the beginning, I mean not to blazon
or amplify, matter.
First,
but
only to observe and

s
express
Your majesty
dominion and empire
comprehendeth all the islands of the north-west ocean, where it is open, until you come to the imbarred or frozen sea, towards Iceland; in all which tract it hath no intermixture or interposition of any foreign land, but only of the sea, whereof needy rather by negligence, than want of means, as the French manner oftentimes is, make thtir you are also absolutely master. Secondly, The quantity and content of these passage only by the reputation of their swords by countries is far greater than have been the prin their sides undrawn, through the whole length cipal or fundamental regions of the greatest of Italy, at that time abounding in wealth after a monarchies, greater than Persia proper, greater long peace, and that without resistance, and to than Macedon, greater than Italy. So as here is seize and leave what countries and pbw lt But it was not the experience ^ potentially body and stem enough for Nahuchodo- pleased them ? if God should have so ordained. but the records of all times that nosor s tree, that time alone, Thirdly, The prowess and valour of your sub- do concur to falsify that conceit, that wars are Voi.. II. 29
226

estate, doth generate faster than
it
derided not by the sharpest sword, but hy the

greatest purse.
is
cnn sustain.
And
Mutianus which was

misvouched,
belli
that very text or saying of the original of this opinion,
In which people it well appeared what ,m author at the battle of Granson, ity iron hath over gold
at
for his
speech was,
"
Pecuniae
And although this per plo did jEsop s cock. have made no plantations with their arms, yet we wars, you shall scarcely find any of the great see the reputation of them such, as not only their monarchies of the world, but have had their foun forces have been employed and waged, but their dations in poverty and contemptible beginnings, alliance sought and purchased, by the greatest
being in that point also conform to the heavenly kingdom, of which it is pronounced, Regnum
"
which is true, for that civil wars cannot be between people of differing because in them men are as valour; and, again, oft bought as vanquished. But in case of foreign
sunt nervi
civilis,"
what time one of the principal jewels of Burgundy was sold for twelve pence, by a poor Swiss, that knew no more a precious stone than
tune, as
kings and states of Europe. So as though for it fares sometimes with princes to their
Dei non venit cum observatione." Persia, a mountainous country, and a poor people in com parison of the Modes and other provinces which The state of Sparta, a state they subdued. wherein poverty was enacted by law and ordi nance; all use of gold and silver and rich furni
ture being interdicted. The state a state mercenary and ignoble until the time of The state of Rome, a state that had poor Philip.
them a grant of lands, yet she hath granted them liberal pensions, which are made memorable and renowned to all posterity, by the event which ensued to Louis the Twelfth ;
servants, hath denied
who, being pressed uncivilly by message from them for the enhancing their pensions, entered of Macedonia, into choler, and broke out in these words,
"What! will these villains of the mountains put a tax upon me?" which words cost him his Duchy of Milan, and utterly ruined his affairs in Neither were it indeed possible at this Italy. day, that that nation should subsist without
and pastoral beginnings. The state of the Turks, which hath been since the terror of the world, founded upon a transmigration of some bands of Sarmatian Scythes, that descended in a vagabond manner upon the province that is now termed Turcomania; out of the remnants whereof, after
great variety
descents and impressions upon their neighbours, were it not for the great utterance of people which
they
make
into the services of foreign princes
and
of
fortune,
sprang
the
Ottoman
estate so
family. visibly and substantially confirmed as this, touch ing the pre-eminence, yea, and predominancy of
But never was any position of
estates, thereby discharging not only number, hut in that number such spirits as are most stirring
and turbulent.
valour above treasure, as by the two descents and inundations of necessitous and indigent people, the one from the east, and the other from the west, that of the Arabians or Saracens, and that of the
And, therefore, we may conclude, that as largeness of territory, severed from military virtue, is but a burden ; so, that treasure and riches severed from the same, is but a prey. It resteth therefore to make reduction of this error also unto a truth
:
Goths, Vandals, and the rest: who, as if they had by distinction and limitation, which will be in this been the true inheritors of the Roman empire, manner then dying, or at least grown impotent and aged, Treasure and moneys do then add true greatness entered upon Egypt, Asia, Graecia, Afric, Spain, and strength to a state, when they are accompa France, coming to these nations, not as to a prey, nied with these three conditions but as to a patrimony; not returning with spoil, First, The same condition which hath been but seating and planting themselves in a number annexed to largeness of territory, that is, of provinces, which continue their progeny, and that they be joined with martial powers and
:
this day. And all these men their adventures, nor no but their swords, nor no other press but their poverty. For it was not with most of these
bear their names

other
title
till
valour.
had no other wealth but
Secondly, That treasure

greatness,
doth
then
advance
people as
it
is in
civility, that
no
man almost
countries reduced to a regular marrieth except he
when it is rather in mediocrity than in great abundance. And again better, when some part of the state is poor, than when all
parts of
it
are rich.
see he have means to live; but population went on, howsoever sustentation followed, and taught hy necessity, as some writers report, when they
And,
lastly,
That treasure
in a state is
less serviceable, as the hands are in the wealth chiefly resteth.
more or which
found themselves surcharged with people, they Divided their inhabitants into three parts, and one third, as the lot fell, was sent abroad and left to
Iheir adventures.
Neither
is
the reason
much
For the first of these, it is a thing that cannot be denied, that in equality of valour the better purse is an advantage. For like, as in wrestling between man and man, if there be a great over
unlike, though the effect hath not followed in regard of a special diversion, in the nation of the
match in strength, it is to little purpose though one have the better breath ; but, if the strength be Swisses, inhabiting a country, which in regard near equal, then he that is shorter winded will. ii the mountainous situation, and the if the wager consist of many falls, in the end have popular

the worst; so
it
227
is in
the wars, if
it
be a match
First, that there ho quantity sufficient of treasure,
between a valiant people and a cowardly, the ad vantage of treasure will not serve; but if they be
n-ir in valour, then the better moneyed state will be the better able to continue the war, and so in Hut if any man think that tho end to prevail.
as well in the treasury of the crown or state, as in the purse of the private subject. Secondly, that the wealth of the subjects be rather in
many hands
than in few.
And,
there
money can make those provisions at the first en counters, that no difference of valour can counter vail, let him look back but into those examples
which have been brought, and he must confess, tnatall those furnitures whatsoever are but shows and mummeries, and cannot shroud fear against For there shall he find companies resolution. armed with armour of proof, taken out of the stately armories of kings who spared no cost, overthrown by men armed by private bargain and chance as
(i
thirdly, that it be in those hands, where is likest to be the greatest sparing, and
increase, and not in those hands, wherein there
useth to be greatest expense and consumption. For it is not the abundance of treasure in the
subjects hands that can make sudden supply of the want of a state ; because, reason tells us, and ex
to
perience both, that private persons have least will contribute when they have most cause; for
there is noise or expectation of wars, then
is
when
int-
there shall he find armies apget d with horses bred of purpose, and inchoice
Kl
it:
always the deadest times for moneys, in regard every man restraineth and holdeth fast his means for his own comfort and succour, according as
races, chariots of war, elephants,

rors,
Solomon saith, The riches of a man are as a So stronghold in his own imagination: and, there of towns strongly fortified, basely yielded, and the fore, we see by infinite examples, and none more like all being but sheep in a lion s skin, where memorable than that of Constantinus the last
and the
like ter
mastered by armies meanly appointed.
valour faileth.
Emperor of
trea
the Greeks, and the citizens of
Con
For the second point, that competency of

sure is better than surfeit, is a matter of
stantinople, that subjects do often choose rather to
common
be frugal dispensers for their enemies, than liberal

lenders to their prince. Again, wheresoever the wealth of the subject is engrossed into few hands, it is not possible it should be so respondent and
place or ordinary discourse; in regard that excess of riches, neither in public nor private, ever hath any good effects, but maketh men either slothful
and effeminate, and so no enterprisers ; or insolent and arrogant, and so overgreat embracers ; but most generally cowardly and fearful to lose, ac so as cording to the adage, "Timidus Plutus this needeth no further speech. But a part of that
;"
yielding to payments and contributions for the public, both because the true estimation or assess
ment of great wealth

tain
;
is
more obscure and uncer
when
tor the
and, because the burden seemeth lighter the charge lieth upon many hands; and,
requireth a more deep consideration, being a matter not so familiar, but yet most
assertion
because the same greatness of wealth is most part not collected and obtained with assuredly true. For it is necessary in a state that out sucking it from many, according to the received similitude of the spleen, which never swelleth but shall grow and enlarge, that there be that composi tion which the poet speaks of, "Multis utile when the rest of the body pineth and abateth. an ill condition of a state, no question, And, lastly, it cannot be that any wealth should bellum leave a second overplus for the public that doth if it be meant of a civil war, as it was spoken
further,
;"
but a condition proper to a state that shall increase, For except there if it be taken of a foreign war.
not
first
leave an overplus to the private stock

;
be a spur in the state, that shall excite and prick them on to the wars, they will but keep their own, and seek no further. And in all experience, and
of him that gathers it and, therefore, nothing is more certain, than that those states are least able
to aid
and defray great charge for wars, or othei public disbursements, whose wealth resteth chiefly For stories, you shall find but three things that pre- in the hands of the nobility and gentlemen. pare and dispose an estate to war ; the ambition what by reason of their magnificence and wastn of governors, a state of soldiers professed, and the in expense, and what by reason of their desire to Whereof advance and make great their own families, and hard means to live of many subjects. the last is the most forcible and the most constant. again upon the coincidence of the former reason. And this is the true reason of that event which we because they are always the fewest; small is th observed and rehearsed before, that most of the help, as to payments or charge, that can be levied great kingdoms of the world have sprung out or expected from them towards the occasions of a of hardness and scarceness of means, as the state. Contrary it is of such states whose wealth
! : | i j i
tronijest herbs out of the barrenest soils.
resteth in the
I
For the
third point,
<><
concerning the placing and
distributinir
simple; that, then treasure

a -late,
treasure in a state, the position is is crreatest strength to

is
hands of merchants, burghers, trades men, freeholders, farmers in the country, and thu like, whereof we have a most evident and pn M
i
example before our eyes,
when
it
so disposed, as
it
is
readiest
Low
;
Countries,
who
our neighbours of th could never have endured

in
and easiest to come by for public service and use; and continued so inestimable and insupportable which one position doth infer three conclusions charge, either by thcr natural frugality, or
l>
228
their

mechanical industry, were
it
not also that
conceits, but notes of event,
it
appeareth niani-
them of this last reason, festly, that all great monarchies and states have vvliich is, that their wealth was dispersed in many been seated in such manner, as if you would place and not engrossed into few; and those them again, observing these three points which I hands, hands were not much of the nobility, but most have mentioned, you cannot place them better; and generally of inferior conditions. which shows the pre-eminence of nature, unto To make application of this part concerning which human industry or accident cannot be
there
in
was a concurrence
treasure to your majesty s

First, I
kingdoms:
suppose I cannot err, that as to the endowment of your crown, there is not any crown of Europe, that hath so great a proportion of demesne and land revenue. Again, he that shall look into your prerogative shall find it to have as many streams to feed your treasury, as the prero
gative of any of the said kings, and yet without oppression or taxing of your people. For they be things unknown in many other states, that all
rich
equal, especially in any continuance of time. Nay, if a man look ?nto these things, more atten
tively,
chies,
how
he shall see divers of these seats of monar fortune hath hovered still about the
places, coming and going only in regard of the fixed reason of the conveniency of the place, which is immutable. And, therefore, first we see the excellent situation of Egypt; which seemeth
to
have been the most ancient monarchy,
how
mines should be yours, though in the soil of your subjects; that all wardships should be as it were with two arms, Asia and Afric, yours, where a tenure in chief is, of lands held of besides the benefit of the famous river of Nilus. your subjects; that all confiscations and escheats And, therefore, we see what hath been the fortune of treason should be yours, though the tenure be of that country, there having been two mighty of the subject; that all actions popular, and the returns of fortune, though at great distance of
and casualties thereupon may be informed your name, and should be due unto you, and a moiety at the least where the subject himself in forms. And, further, he that shall look into your revenues at the ports of the sea, your revenues in courts of justice, and for the stirring of your seals, the revenues upon your clergy, and the rest, will conclude, that the law of England studied how to make a rich crown, and yet without levies upon your subject. For merchandising, it is true, it was ever by the kings of this realm despised, as a thing ignoble and indign for a king, though it is manifest, the situation and commodities of this
fines
conveniently it stands upon a neck of land, com manding both seas on either side, and embracing,
time
in
other in the empire of the the middle greatness of the
the one in the times of Sesostris, and the Mamalukes, besides
kingdom of the Ptolemys, and of the greatness of the caliphs and
And this region, we see likewise, is of strait and defensible access, called of the Romans, Claustra being commonly
sultans in the latter times.
"
Consider in like manner the situation of Babylon, being planted most strongly in regard of lakes and overflowing grounds between the two great navigable rivers of Euphrates and Tigris, and in the very heart of the world ; having cardines" of east and west regard to the four island considered, it is infinite, what your majesty and northern and southern regions. And, there if you would d of Por fore, we see, that although the sovereignty alter, might raise, King tugal doth, or a Duke of Florence, in matter of yet the seat still of the monarchy remains in that merchandise. As for the wealth of the subject :* place. For after the monarchies of the Kings of To proceed to the articles affirmative, the first Assyria, which were natural kings of that place,, was. yet when the foreign Kings of Persia came in, That the true greatness of an estate consisteth the seat remained. For, although the mansion in the natural and fit situation of the region of the persons of the Kings of Persia were some or place. times at Susa, and sometimes at Ecbatana, which Wherein I mean nothing superstitiously touch were termed their winter and their summer par ing the fortunes or fatal destiny of any places, nor lours, because of the mildness of the air in the philosophically touching their configuration with one, and the freshness in the other; yet the city the superior globe. But I understand proprieties of estate continued to be Babylon. Therefore, we and respects merely civil and according to the see, that Alexander the Great, according to the nature of human actions, and the true considera advice of Calanus the Indian, that showed him a tions of the estate. Out of which duly weighed, bladder, which, if it were borne down at one end, there doth arise a triple distribution of the fitness would rise at the other, and therefore wished him of a region for a great monarchy. First, that it be to keep himself in the middle of his empire, chose of hard access. Secondly, that it be seated in no accordingly Babylon for his seat, and died there. extreme angle, but commodiously in the midst of And, afterwards, likewise in the family of Seleumany regions. And, thirdly, that it be maritime, cus and his decendants, kings of the east, alJEgypti."
"
or at the least upon great navigable rivers; and be not inland or mediterrane. And that these are not
though divers of them,

chia
Sel * u ia
all
for their
own
glory,
were
founders of cities of their

j
>
Memorandum, Here wa. a Wank

uiue.
.ide left to continue the

|
sought by
own names, as Antioand divers others, which they means to raise and adorn, vet the
A PROPOSAL FOR AMENDING

greatness
still
THE LAWS OF ENGLAND.
229
remained according unto nature
to the seas,
and in the middle of the world,

;
we
further on, the same remained during the greatness of the Kings of Parthia, as appeareth by the verse of Lucan, who
with
tin-
ancient scat.
Nay,
sec hath had three
wrote
in
Nero
s time.
start
t
"niiiiqiie
luperba
Babylon ipolianda
trophaela."
new Artaxerxes, who raised himself in the reign of Alexander Severus, of Rome ; and now of late memory, in Emperor
in
monarchies. second in the time of the
memorable revolutions of great The first in the time of Cyrus the
again it obtained the seat of the highest caliph or successors of Mahomet. And at this day, that which they call Bagdat, which joins to the ruin of the other, containeth one of the
after that,
And
Ismael the sophy, whose descendants continue empire and competition with the Turks to
this day.
greatest satrapies of the Levant. So again Persia, being a country imbarred with mountains, open
So, again, Constantinople, being one of the most excellentest seats of the world, in the confines of
Europe and Asia.
A PROPOSITION TO HIS MAJESTY,

BY
S
HIS MAJESTY
ATTORNEY-GENERAL, AND ONE OF HIS PRIVY COUNCIL;
TOUCHING THE COMPILING AND AMENDMENT OF THE LAWS OF ENGLAND.
YOUR
majesty, of your favour, having
made me
other learning,
which may give form
io
matter
and your majesty hath set me in an eminent place, whereby in a work, which must be the work of many, I may the better have coadjutors. Therefore, it to be, that by putting off the dealing in causes not to hold your majesty with any long preface, between party and party, I should keep holyday in that which I conceive to be nothing less than the more ; but that I should dedicate my time to words, I will proceed to the matter: which matter Wherefore, itself, nevertheless, requireth somewhat briefly to your service with less distraction. in this plentiful accession of time, which I have be said, both of the dignity, and likewise of the now gained, I take it to be my duty, not only to safety, and convenience of this work and then speed your commandments and the business of to go to the main that is to say, to show how my place, but to meditate and to excogitate of my the work is to be done which incidently also self, wherein I may best, by my travels, derive will best demonstrate, that it is no vast noi spe Callistheyour virtues to the good of your people, and return culative thing, but real and feasible. their thanks and increase of love to you again. nes, that followed Alexander s court, and was And, after I had thought of many things, I could grown in some displeasure with him, because he find, in my judgment, none more proper for your could not well brook the Persian adoration ; kt a majesty as a master, nor for me as a workman, supper, which with the Grecians was ever a great than the reducing and recompiling of the laws of part talk, was desired, because he was an eloquent man, to speak of some theme ; which he did, and England. Your majesty is a king blessed with posterity chose for his theme the praise of tne Macedonian and these kings sort best with acts of perpetuity, nation ; which though it were but a filling tning when they do not leave them, instead of children; to praise men to their faces, yet he did it with but transmit both line and merit to future gene such advantage of truth, and avoidance of flattery, rations. You are a great master in justice and and with such life, as the hearers were soravisht-d judicature, and it were pity that the fruit of that with it that they plucked the roses off from then virtue should die with you. Your majesty also garlands, and threw them upon him ; as the man Alexander was not reigneth in learned times: the more, in regard of ner of applauses then was. own perfections and patronage of learning; pleased with it, and by way of discountenancn your and it hath been the mishap of works of this said, It was easy to be a good orator in a pleasing to Callisthenes, "tiiui nature, that the less learned time hath wrought theme But," saith he upon the more learned, which now will not be so. your style, and tell us now of our faults, that wi As for myself, the law is my profession, to which may have the profit, and not you only the praise I am a debtor. Some little helps I may have of which he presently did with such a force, and
privy-counsellor, and continuing me in the place of your attorney-general, which is more than was these hundred years before, I do not understand
:
:
"
;"
t>u
230
A PROPOSAL FOR
Alexander
said,
AMENDING THE LAWS OF ENGLAND.

of
to
piquantly, that his theme had
The goodness
before
;
provide against the uncertainties and evasions,

Reap. For the comparison with foreign laws, it vain to speak of it; for men will never agree
made him eloquent
but
or omissions of law.
now
it
was
the malice of his heart that had in
spired him.
1. Sir, I shall not fall into either of those two extremes, concerning the laws of England ; they commend themselves best to them that understand them; and your majesty s chief justice of your
is in
it. Our lawyers will maintain for oui municipal laws; civilians, scholars, travellers, will be of the other opinion.
about
But, certain it is, that our laws, as they now bench hath in his writings magnified them not stand, are subject to great uncertainties, and without cause: certainly they are wise, they are variety of opinion, delays, and evasions whereof just and moderate laws ; they give to God, they ensueth,
:
1. That the multiplicity and length of suits is which appertaineth. It is true, they are as mixt great. as our language, compounded of British, Roman, 2. That the contentious person is armed, and Saxon, Danish, Norman customs. And, as our the honest subject wearied and oppressed. is so much the richer, so the laws are 3. That the judge is more absolute; who, in language the more complete neither doth this attribute doubtful cases, hath a greater stroke and liberty. less to them, than those that would have them to 4. That the Chancery Courts are more filled, have stood out the same in all mutations; for no the remedy of law being often obscure and
give to Caesar, they give to the subjects, that
tree is so
good
for
it
ignorant lawyer shroudeth his by way of taxing the laws. I speak ignorance of law, in that doubts are so frequent only by way of perfecting them, which is easiest and many. in the best things for that which is far amiss 6. That men s assurances of their lands and hardly receiveth amendment; but that which hath estates by patents, deeds, wills, are often subject to that more may be given. to question, and hollow ; and many the like incon already, Besides,
2. to
As
doubtful. by transplanting. the second extreme, I have nothing 5. That the

first set,
as
do with
what
sion,
I shall
propound
:
is
not to the matter of the
veniences.
It is
"
laws, but
light than
to the
manner of
and tradition
their registry, expres so that it giveth them rather
a good rule and direction, for that all

:
any new nature.
This being
so, for
secundum majus et minus," do participate laws, of uncertainties, that followeth Mark, whether
the doubts that arise, are only in cases not of
the dignity of the work I know scarcely where to find the like : for, surely, that scale, and those
ordinary experience; or which happen every day.

If in the first only, impute it to the frailty of man s foresight, that cannot reach by law to all cases ; but, if in the latter, be assured there is a fault in
degrees of sovereign honour, are true and rightly marshalled; first, the founders of states; then the lawgivers ; then the deliverers and saviours after
long calamities; then the fathers of their coun tries, which are just and prudent princes ; and,
conquerors, which honour received amongst the rest, except
lastly,
is
it
the law.
every
not to be
Of this I say no more, but that, to give man his due, had it not been for Sir Ed ward Coke s Reports, (which, though they may
have
errors,
cial resolutions
and some peremptory and extra-judi more than are warranted; yet, they contain infinite good decisions, and rulings Of these, in my judgment, your majesty over of cases,) the law, by this time, had been quered. may with more truth and flattery, be entitled to almost like a ship without ballast; for that the the first, because of your uniting of Britain and cases of modern experience are fled from those planting Ireland ; both which savour of the that are adjudged and ruled in former time.
there
is
to a better
be where an addition of more country and territory government, than that was of the con
That which I now propound to you, adopt you also into the second: lawgivers have been called because, principes perpetui as Bishop Gardiner said in a bad sense, that he would be bishop a hundred years after his death,
founder.
may
"
;"
But the necessity of this work is yet greater in the statute law. For, first, there are a number of ensnaring penal laws, which lie upon the subject;
if, in bad times, they should be awaked, and put in execution, would grind them to powder. There is a learned civilian that expoundeth the
and
in respect of the long leases he made : so law givers are still kings and rulers after their decease,
work, shining so in itself, needs no taper. For the safety and convenience thereof, it is good to consider, and to answer those objections, 01 scruples, which may arise, or be mad against this work.
this
in their laws.
But
curse of the prophet, "Pluet super eos laqueos," of a multitude of penal laws, which are worse
than showers of hail, or tempest upon cattle, for they

fall upon men. There are some penal laws
fit
to
be retained,
Obj. Hie jaw, as

to
fot
I.
That
it
is
a thin^ needless; and that
but their penalty too great; and, it is ever a rule, That any overgreat penalty, besides the acerbity
it now is, is in good estate comparable of it, deadens the execution of the law. There is a further inconvenience of penal laws, any foreign law; and, that it is not possible Uie wit of man, in respect of the frailly thereof, obsolete, and out of use ; for that it brings a gaii-
KOPOSAL FOU AMllNDlMi THE LAWS OF

this
I.V.I.XNh.
23!
grene, ni".lect, and habit of disobedience upon other wholesome l;i\vs, tlr.it are lit to he continued
ami execution so the torment of Mi /.entius:

in practice
;
"
th.it
our laws endure
fagot hound, which The statutes of
kingdom, and gave them the ^tren^th of a lonmrlv were dispersed.
Kin^ Edward
1
the
rr
ir^l
\v. n;
fundamental.
so
dead."
Hut,
doulit,
in
producing
i
Tim
iivnii: ilie In
the nrnii of the
so
many examples: for, as Cicero saith Nil vulgare may I say to your majesty ;
te
such an accumulation of stauceming one in, itter, and tliey so cross and inlric.ite, as the certainty of law is lost in the heap; as your ni.ijesty had experience last day
I-
istly,
There
is
dignuin videri possit." Obj. III. In this purging of the course of the
common laws and
upon the point, Whether the incendiary of New market should have the benefit of his clergy. Obj. II. That it is a great innovation; and,
innovations are dangerous beyond foresight. All purgings and medicines, either in the civil or natural body, are innovations: so as that
lt>-xp.
statutes, much good may be taken away. Resp. In all purging, some good humours may pass away ; but that is largely recompensed by
lightening the body of
much
bad.
Obj. IV. Labour were better bestowed, in bringing the common laws of England to a text
law, as the statutes are, and setting both of them
argument
ought not
in the
is
common
But the
place against
truth
is,
all
noble
down
in
method and by
It
is
titles.
reformations.
that this
work
Jiesp.
too
long a business to debate,
whether "lex scripta, aut non scripta," a text registered, with received and approved grounds and maxims, and acts and that concern the consciences, estates, and fortunes resolutions judicial, from time to time duly enter of particular persons but this of general ordinance ed and reported, be the better form of declaring pricketh not particulars, but passeth "sinestre- and authorizing laws. It was the principal reason Besides, it is on the favourable part; for or oracle of Lycurgus, that none of his laws pitu." Customs are laws written in it easeth, it presseth not: and, lastly, it is rather should be written. matter of order and explanation than of alteration. living tables, and some traditions the church doth
to be termed or held for any innovation For those are the inno suspected sense. vations which are quarrelled and spoken against,
law, or customs well
Neither ments.
is this
without precedent in former govern

did
make The Romans, by their decemvirs, but that was indeed a new their twelve tables
;
In all sciences they are the soundest, that keep close to particulars ; and, I am, there are more doubts that rise upon sure
not disauthorize.
enacting or constituting of laws, not a registering or recompiling; and they were made out of the laws
of
tin-
common
our statutes, which are a text law, than upon the But, how law, which is no text law.
(Jrecians, not out of their
own
customs.
soever that question be determined, I dare not advise to cast the law into a new mould. The
In Athens they had sexviri, which were stand ing commissioners to watch and to discern what laws waxed improper for the time ; and what new-
work, which
propound, tendeth to pruning and
grafting the law, and not to ploughing up and plant ing it again; for such a remove I should hold
law
so,
did, in
"
ex
officio,"
any branch, cross a former law, and propounded their repeals.

it
indeed for a perilous innovation.

Obj. V. It will turn the judges, counsellors of law, and students of law to school again, and make them to seek what they shall hold and advise for law ; and it will impose a new charge upon all lawyers to furnish themselves with new-
King Lewis XI. of France, had

tion to
in his inten
out of the civil law, customs of France.

to divers
have made one perfect and uniform law, Roman, and the provisional
books of law. Resp. For the former of these, touching the Roman laws from vastness of volume, and a new labour, it is true it would follow, if the lawlabyrinth of uncertainties, unto that course of the were new moulded into a text law; then men I find here at must be new to begin, and that is one of the civil law which is now in use.
Justinian the emperor, by commission directed persons learned in the laws, reduced the
home
of late years, that
King Henry
VIII., in the
reasons for which
disallow that course.
twenty-seventh of his reign, was authorized by parliament to nominate thirty-two commissioners,
But
entire
in the
way
that I shall
now propound,
the
body and substance of law
shall remain.
or hurt part ecclesiastical, part temporal, to purge the only discharged of idle and unprofitable canon law, and to make it agreeable to the law of ful matter ; and illustrated by order and other (od, and the law of the realm ; and the same was helps, towards the better understanding of it, and
revived in the fourth year of neither took effect.
Edward
VI., though
judgment thereupon. For the latter, touching
the
new charge,
it
is noi
For the laws of Lycurgus, Solon, Minos, and

others of ancient time, they are not the worse, be cause grammar scholars speak of them : but things too ancient wax children with us again.
worthy the speaking of in matter of so high im portance; it might have been used of the new translation of the Bible, and such like works Books must follow sciences, and not sciences
Edgar, the Saxon king, collected the laws of books.
232
A PROPOSAL FOR AMENDING THE LAWS OF ENGLAND.

the
THIS work is to he done, to use some few words, which is the language of action and effect, in this manner.
It consisteth of
judgment of the composers of
tins
work, to
two
parts
piling of the
tutes.
common
the digest or recom laws, and that of the sta

;
decide the law either way, except there be a current stream of judgments of later times; and then I reckon the contrary cases amongst cases
obsolete, of
which
theless, this diligence

first
In the
of these, three things are to be
cases
of contradiction be
drne
1.
collected, to
have spoken before never would be used, that such specially noted and the end those doubts, that have been
I
:
The compiling
juris."
of a book
"De
antiquitati-
bus
2.
so long militant, may either, by assembling all the judges in the exchequer chamber, or by
The reducing
or perfecting of the course or
parliament,
it,
i.orps of the common laws. 3. The composing of certain introductive
by bringing them
scena."
and
parties, is
For to do be put into certainty. in question under feigned Nihil habeat forum to be disliked.
"
auxiliary books touching the study of the laws. For the first of thesn, all ancient records in your Tower, or elsewhere, containing acts of par
ex
liament, letters patents, commissions, and judg ments, and the like, are to be searched, perused, and weighed : and out of these are to be selected
Fourthly, All idle queries, which are but semi naries of doubts, and uncertainties, are to be left out and omitted, and no queries set down, but of
well debated, and left undecided but no doubting or upstarting queries, which, though they be touched in argu ment for explanation, yet were better to die than
great doubts
for difficulty
;
those that are of most worth and weight, and in order of time, not of titles, for the more conform
ity
with the year-books,

in
to
be set
verba;"
gistered, rarely
"haec
down and re but summed
to
be put into the books. Lastly, Cases reported with too great prolixity
with judgment, not omitting any material part; would be drawn into a more compendious report ; these are to be used for reverend precedents, but not in the nature of an abridgment, but tautolo not for binding authorities. gies and impertinences to be cut off: as for mis For the second, which is the main, there is to be printing, and insensible reporting, which many
made a
poris,"
amended; but more principally, if there be any ward the First to this day in the compiling of thing in the report which is not well warranted of law, or year-books, the points fol this course by the record, that is also to be rectified the
: :
in serie temperfect course of the law or year-books, as we call them, from Ed

"
times confound the students, that will he
"obiter"
lowing
are to be observed.
course being thus compiled, then
it
resteth but for
First, All cases which are at this day clearly your majesty to appoint some grave and sound no law, but constantly ruled to the contrary, are lawyers, with some honourable stipend, to be to be left out; they do but fill the volumes, and reporters* for the time to come, and then this is
season the wits of students in a cortrary sense of settled for all times. law. And so, likewise, all cases, wherein that is FOR the auxiliary books that conduce to the solemnly and long debated, whereof there is now no question at all, are to be entered as judgments study and science of the law, they are three : In De regulis juris;" and a and resolutions, but without the arguments, stitutions; a treatise only, which are now become but frivolous yet, for the better book De verborum significationibus," or For the Institutions, I know observation of the deeper sort of lawyers, that terms of the law.
"
"
they may see how the law hath altered, out of which they may pick sometimes good use, I do advise, that upon the first in time of those ob lete cases there was a memorandum set, that at that time the law was thus taken, until such a
time, &c.
well there be books of introductions, wherewith

students begin, of good worth, especially Little ton and Fitzherbert s "Natura brevium;" but
they are noways of the nature of an institution ; the office whereof is to be a key and general pre And prin paration to the reading of the course.
cipally
it
Secondly, Homonymiae, as Justinian calleth them, that is, cases merely of iteration and repe and the cases of tition, are to be purged away to identity, which are best reported and argued,
:
ought
to
have two properties
the one a
perspicuous and clear order or method ; and the other, a universal latitude or comprehension, that the students may have a little prenotion of
he retained instead of the rest ; the judgments, every thing, like a model towards a great build For the treatise "De regulis juris," I hold nevertheless, to be set down, every one in time as ing. to the they are, but with a quotation or reference to the it, of all other things, the most important but it health, as I may term it, and good institutions of case where the point is argued at large laws: it is indeed like the ballast of a ship, the case consist, part of repetition, part of new
:
any
matter, the repetition is only to be omitted. Thirdly, As to the Antinomise, cases judged
>>e
contrary,
it
were too great a
trust to refer to
* This constitution of reporters I obtained of the kins, artel was chancellor; and there are two appointed with 10W a year apiece stipend.
OF A DIGEST OF LAWS.
to
233
the repeal ho doubtful, to the parliament.
is, to
it
keep
all
little in this
upright and stable; but I have seen kind, either in our law or other laws,
repi-.ileil
for if
must be
so propounded
2.
that s.ilistielh me.
The
It
n.iked
rule
or
maxim
The
next
repeal
all statutes
which are
doth not the
must be made useful by sleeping and not of use, but yet snaring and in ampliations, and limitations, force: in some of those it will perhaps In- r .(uigood warranted by good authorities; and this not by site to substitute some more reasonable law, in in others a raising up of quotations and references, but by stead of them, agreeable to the time discourse and deducement in a just tractate. In simple repeal may suffice. 3. The third, that the grievousness of the pe this I have travelled myself, at the first more cursorily, since with more diligence, and will go nalty in many statutes be mitigated, though the if God and your majesty will give me ordinance stand. on with it, 4. The last is, the reducing of concurrent sta And I do assure your majesty, I am in leave. one clear and good hope, that when Sir Edward Coke s Re tutes, heaped one upon another, Towards this there hath been al rules and decisions shall come to uniform law. ports, and my there will be, whatsoever is now ready, upon my motion, and your majesty s di posterity,
etl
ert:
differences,
t"
thought, question, who was the greater lawyer 1 For the books of the terms of the law, there is a
great deal of good pains taken ; my Lord Hobart, myself, Serjeant Finch, Mr. Hepoor one, but I wish a diligent one, wherein neage Finch, Mr. Noye, Mr. Hackwell, and should be comprised not only the exposition of others, whose labours being of a great bulk, it is the terms of law, but of the words of all ancient not fit now to trouble your majesty with any further particularity therein; only by this you records and precedents. For the abridgments, I could wish, if it were may perceive the work is already advanced but such because this part of the work, which concerneth possible, that none might use them, but
rection,
:
as
had read the course first, that they might the statute laws, must of necessity come to par serve for repertories to learned lawyers, and not liament, and the Houses will best like that which themselves guide, and the persons that them to make a lawyer in haste: but since that canno
be, I
wish there were a good abridgment com selves employ, the way were to imitate the prece posed of the two that are extant, and in better dent of the commissioners for the canon laws in So much for the common law. order. 27 Hen. VIII., and 4 Edw. VI., and the commis sioners for the union of the two realms, prirno" FOR the reforming and recompiling of the sta of your majesty, and so to have the commis
"
tute law,
1.
it
The
;
first,
consisteth of four parts. to discharge the books of those
sioners
named by both Houses; but not with a precedent power to conclude, but only to pre
where the case, by alteration of time, is pare and propound to parliament.as Lombards Jews, Gauls half-pence, This is the best way, I conceive, to accom &c. Those may nevertheless remain in the li plish this excellent work, of honour to your braries for antiquities, but no reprinting of them majesty s times, and of good to all times which
statutes,
vanished
The
like of statutes long since expired
and clearly
submit
to
your majesty
s better
judgment.
AN OFFER TO KING JAMES

OF A DIGEST TO BE MADE
OF THE LAWS OF ENGLAND.

MOST EXCELLENT SOVEREIGN:
the degrees and acts of sovereign, or rather heroical honour, the first or second, is the
AMONGST
care and piety of a father is not in him complete. So, kings, if they make a portion of an age happy
by
Princes that person and merit of a lawgiver. govern well, are fathers of the people; hut, if a father breed his son well, or allow him well while
make
testaments, as a perpetuity of good
he liveth, but leave him nothing at his death, whereby both he and his children, and his children s children, may be the better, surely the VOL I!. 30
good government, yet, if they do not God Almighty doth, \vhrrehy may descend to their country, they are but mortal and transitory benefactors. Domitian, a few days before he died, dreamed that a golden head did rise upon the nape of his neck which was truly performed in the golden
their
:
234
because he was the sorihu be named r honour * other lawgivers, than to be numbered : Minos, Lycurgus, and amongst thorn.
age that followed his times for five successions. to the Hut, kings, by giving their subjects good laws, of God may, if they will, in their own time, join and graft sake to this golden head upon their own necks after their ranked
death.
Hebrews,
himself,
is fitter to
Nay, they may make Nabuchodonozor s Solon, are examples for themes of grammar scho For ancient personages and characters, image of monarchy golden from head to foot. lars. And, if any of the meaner sort of politics, that are now-a-days, use to wax children again; though
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
that parable of Pindarus be true, the best thing is water: for common and trivial things are many
much upon them;

nor wise.
the discourse
it is,
For certain
neither good that good laws are

is
times the best, and rather despised upon pride, because they are vulgar, than upon cause or use. Certain it is, that the laws of those three law
some
bridle to bad princes, and as a very wall about government. And, if tyrants sometimes make a breach into them, yet they mollify even tyranny itself, as Solon s laws did the tyranny of
:
The first, of fame, givers had great prerogatives. because they were the pattern amongst the Gre cians: the second of lasting, for they continued longest without alteration the third, of a spirit of Pisistratus and then commonly they get up reviver, to be often oppressed, and often restored. again, upon the first advantage of better times. Amongst the seven kings of Rome four were Other means to perpetuate the memory and merits lawgivers: for it is most true, that a discourse Build of sovereign princes are inferior to this. of Italy saith ; there was never state so well ings of temples, tombs, palaces, theatres, and the swaddled in the infancy, as the Roman was by are honourable things, and look big upon the virtue of their first kings ; which was a prin like, posterity: but Constantine the Great gave the cipal cause of the wonderful growth of that state name well to those works, when he used to call in after-times." The decemvirs laws were laws upon laws, Trajan, that was a great builder, Parietaria, wall flower, because his name was upon so many not the original ; for they grafted laws of Graecia walls so, if that be the matter, that a king would upon the Roman stock of laws and customs but turn wall-flower, or pellitory of the wall, with such was their success, as the twelve tables cost he may. Adrian s vein was better, for his which they compiled were the main body of the mind was to wrestle a fall with time; and being laws which framed and wielded the great body a great progressor through all the Roman empire, of that estate. These lasted a long time, with whenever he found any decays of bridges, or some supplemental and the Pretorian edicts "in
:
"
highways, or cuts of rivers and sewers, or walls, or banks, or the Hike, he gave substantial order for their repair with the better. He gave, also, mul titudes of charters, and liberties for the comfort of so that his corporations and companies in decay
:
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 Cor
for that nelius Sylla reformed the laws of Rome man had three singularities, which never tyrant
:
bounty did strive with the ruins of time. But yet this, though it were an excellent disposition, went but in effect to the cases and shells of a com monwealth. It was nothing to virtue or vice. A bad man might indifferently take the benefit and ease of his ways and bridges, as well as a good ; and bad people might purchase good charters.
are those that
had but he that ne was a lawgiver, that he took part with tiie nobility, and that he turned private
;
man, not upon fear, but upon confidence. Caesar long after desired to imitate him only in the first, for otherwise he relied upon new men ;
and
tor resigning his
"Caesar
"
power Seneca describeth him
ri^hl;
Surely the better works of perpetuity in princes wash the inside of the cup; such as
are foundations of colleges, and lectures for learn
ing and education of youth; likewise foundations and institutions of orders and fraternities, for nobleness, enterprise, and obedience, and the
like.
But yet these also are but like plantations of orchards and gardens, in pkts and spots of ground here and there; they do not till over the
whole kingdom, and make
it fruitful,
as doth the
establishing of good laws and ordinances; which makes a whole nation to be as a well-ordered
gladium cito condidit, nunquam Caesar soon sheathed his sword, but posuit," And himself took it upon him, never put it saying in scorn of Sylla s resignation; "Sylla nescivit literas, dictare non potuit," Sylla kncvv no letters, he could not dictate." But for the part of a lawgiver, Cicero giveth him the attribute ; "Caesar, si ab eo quasreretur, quid egisset in toga; leges se respondisset multas et pra daras tu"If lisse;" you had asked Caesar what he did in the gown, he would have answered, that he His nephew Au made many excellent laws."
off."
"
college or foundation. This kind of work, in the

rnre
Hire,
enough
as to
to
memory of times, i* show it excellent and yet, not so make it suspected for impossible,
:
gustus did tread the same stops, but with deeper in peace; whereof print, because of his long reign one of the poets of his time saith,
"Pace
data terris, aninium ad civilia vertit

siiuin
;
Jura
legesque
tulit jiiflissinnis niirtor.
inconvenient, or unsafe.
Moses, that gave laws
From
that time there
was such a
race of wit and
authority, between the commentaries and decisi iiis uf the lawyers, and the edicts of the em-
235
my
of perors, as both l;i\v and lawyers, were out breath. Whereupon, .lustiniiiii in the end recom
piled both, and made a body of laws such as might be wielded, which himself calleth glori ously, and yet not above truth, the edifice or
opinion of them without partiality either to my profession or country, for the matter and nature of thriii, I hold them wise, just, and moderate laws
:
they give to God, they give toCaesar, they give to It is true they are the subject, what appertaineth. as mixed as our language; compounded of British, Roman, Saxon, Danish, Norman customs: and,
surely, as our language is thereby so much the richer, so our laws are likewise by that mixture
structure of a sacred temple of justice, built in deed out of the former ruins of books, as materials, and some novel constitutions of his own. In Athens, they had sexviri, as jEschines obsorveth, which were standing commissioners, who did watch to discern what laws waxed improper for tin- times, and what new law did in any branch
"
more complete. Neither doth this attribute less to them, than those that would have them to have stood out the same in all mutations. For no tree is so good first set, as by transplanting and grafting. I remember ex officio" propound what happened to Callisthenes, that followed cross a former law, and so Alexander s court, and was grown into some dis ed their repeal. King Edgar collected the laws of this king pleasure with him, because he could not well brook dom, and gave them the strength of a fagot the Persian adoration. At a supper, which with bound, which formerly were dispersed ; which the Grecians was a great part talk, he was desired, was more glory to him, than his sailing about the king being present, because he was an eloquent this island with a potent fleet: for that was, as man, to speak of some theme, which he did ; and the Scripture saith, via navis in mari," "the chose for his theme, the praise of the Macedonian way of a ship in the sea;" it vanished, but this nation, which though it were but a filling thing to lasteth. Alphonso the Wise, the ninth of that praise men to their faces, yet he performed it with name, King of Castile, compiled the digest of the such advantage of truth, and avoidance of flattery, an and with such life, as was much applauded by the laws of Spain, entitled the Siete Partidas The king was the less pleased with it, excellent work, which he finished in seven years. hearers.
the
"
"
;"
And
fit
though
as Tacitus noteth well, that the Capitol, built in the beginnings of Rome; yet was for the great monarchy that came after ; so that
not loving the man, and by way of discountenance said It was easy to be a good orator in a pleasing
:
theme.
"But,"
saith he to him,
"turn
your style,
building of laws sufficeth the greatness of the empire of Spain, which since hath ensued.
it in his mind, though he per have made one constant law of France, extracted out of the civil Roman law, and the customs of provinces, which are various, and the king s edicts, which with the French are sta tutes. Surely he might have done well, if, like as he brought the crown, as he said himself, from Page, so he had brought his people from Lackey ; not to run up and down for their laws to the civil law, and the ordinances, and the customs, and the discretions of courts, and discourses of philoso
and
tell
us
now
of our faults, that
we may have
;"
Lewis XI. had

it
which he the profit, and not you the praise only presently did with such quickness, that Alexander
formed
not, to
That malice made him eloquent then, as the theme had done before. I shall not fall into either
said,
of these extremes, in this subject of the laws of England ; I have commended them before for the
matter, but surely they ask much amendment for the form ; which to reduce and perfect, I hold to
upon
be one of the greatest dowries that can be conferred this kingdom which work, for the excel
:
lency, as so it hath
to
it is
worthy your majesty
s act
and times,
some circumstance of propriety agreeable
phers, as they use to do. King Henry VIII., in the twenty-seventh year of his reign, was authorized by parliament to no
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
minate thirty-two commissioners, part ecclesiasti cal, and part temporal, to purge the canon law, and to make it agreeable to the law of God, and the law of the land ; but it took not effect for the
:
more
interested in the care of future times
that
king were commonly rather proffers and fames, than either well grounded, or well pursued but, I doubt, I err in producing so many examples. For, as Cicero said to Caesar, so I may say to your majesty, Nil vulgare te dignum videri possit. Though, indeed, this, well under stood, is far from vulgar: for that the laws of the most kingdoms and states have been like buildings of many pieces, and patched up from time to time accord ing to occasions, without frame or model. Now for the laws of England, if I shall speak
acts of that
:
"
as well their progeny, as their people, cipate of their merit.
may
parti
Your majesty is a great mastei in justice and in dicature, and it were pity the fruit of that your virtue 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
And it in learning, and your patronage thereof. hath been the mishap of works of this nature, that
the less learned time hath, sometimes, wrought upon the more learned, which now will not be eo
As
for
myself, the
law was
my
profession
u>
236
which
I
CERTIFICATE TOUCHING THE PENAL LAWS.

am
a debtor:
some
little
helps,
have of
pains in the story of England, and in compiling a
other arts, which
may give form to matter: and I method and digest of your laws, so have 1 perhave now, by God s merciful chastisement, and formed the first, which resteth but upon myself,
by
my
his special providence, time and leisure to put talent, or half talent, or what it is, to such
in some part: and I do in all humbleness renew the offer of this latter, which will require help anJ
exchanges as an active life.
may
perhaps exceed the interest of
assistance,
therein.
my
troubles
Therefore, as in the beginning of made offer to your majesty to take
to your majesty, if it shall stand with your good pleasure to employ my service
CERTIFICATE TO HIS MAJESTY,

SIR
STEPHEN PROCTOR RELATING TO THE PENAL LAWS.
the other point, I for my part should be very far time from your majesty s from advising your majesty to give ear unto it. I have service of more present dispatch, If thou, Lord, perused For, as it is said in the psalm, the projects of Sir Stephen Proctor, and do find it a should be extreme to mark what is done amiss,
IT
MAY PLEASE YOUR SACRED MAJESTY,

the
first free
WITH
"
and inquisition, thought could have met in one man s knowledge. For, though it be an easy matter to run over many offices and professions, and to note in them general abuses or deceits ; yet, nevertheless, to point at and trace out the particular and covert practices, shifts, devices,
collection of extreme diligence
who may
abide
is
it?"
So
it is
most
certain, that
and more than
your people
so ensnared in a multitude of penal laws, that the execution of them cannot be borne. But with thee is mercy, And, as it followeth ;
"
that thou
ture
so it is an intermix mayest be feared of mercy and justice that will bring you fear
:"
and obedience
for too
much
rigour
tricks, and, as
it
were, stratagems in the meaner desperate.
And,
therefore,
to leave this,
makes people which
sort of the ministers of justice or public service, and to do it truly and understandingly, is a dis
the only blemish of King Henry VIl. s reign, and the unfortunate service of Empson and Dud
was
covery whereof great good use may be made for your majesty s service and good of your people. But because this work. I doubt not, hath been to the gentleman the work of years, whereas my
certificate
whom the people s curses, rather than any law, brought to overthrow ; the other work is a work not only of profit to your majesty, but of For, if it be true in piety towards your people.
ley,
must be the work but of hours
or days,
and that it is commonly and truly said, that he that embraceth much, straineth and holdeth the less, and that propositions have wings, but ope I most ration and execution have leaden feet humbly desire pardon of your majesty, if I do for the present only select some one or two principal points, and certify my opinion thereof; reserving
:
any proportion, that within these five years of your majesty s happy reign, there hath not five hundred pounds benefit come to your majesty by penal laws, the fines of the Star Chamber, which are of a higher kind, only excepted, and yet, nevertheless, there hath been a charge of at least fifty thousand pounds, which hath been laid upon your people, it were more than time it received a
remedy. This remedy hath been sought by divers sta tutes, as principally by a statute in 18, and another of 31, of the late queen of happy memory, But I am of opinion, that the appointing of an officer proper for that purpose, will do more good than twenty statutes, and will do that good effect ually, which these statutes aim at intentionally. And this I do allow of the belter, because it is none of those new superintendencies, which I see
the rest as a sheaf by me to draw out, at further time, further matter for your majesty s information
lor so
much
as
shall conceive to be
fit
or
worthy
tht consideration.
For that
part, therefore, of these projects
which
c-oncerneth penal laws, I do find the purpose and .cope to be, not to press a greater rigour or se verity in the execution of penal laws; but to
impress the abuses in common informers, and some clerks and undor-ininisters, that for common
gam
nartake with them
for if
it
had tended
to
many
times offered upon pretence of reformation,
KUTIFICATK TOrcill\(. TIIK PKNAL LAWS.
237
238
CERTIFICATE TOUCHING THE PENAL LAWS.
ADVICE ABOUT THE

there being no
CII
AkTKKHOUSE.
to
239
man
to
therefore
prosecute, there can be m. m likewise tu j),iy;

ii"
ought them.
be
some entry made of
and so the king loselh

his
title
moiety,
when
liis
3.
tiiii.
appears hy verdict. It falleth out some-,
3.
The
officer in
such
There be other points wherein the officer may be of good use, which may be comprehended in his grant or instructions, wherewith I will not
in
informations of
weight, ami worthy to

lie
case, is to inform the king s learned counsel,

that they
if
now
trouble your majesty, for
hold these to be
s
the principal.
prosecuted, the in former dioth, or falls to
may
prosecute
fit.
Thus have
I,
according
to
your majesty
they think
poverty, or his
is
mouth
reference, certified my opinion of that part of Sir Stephen Proctor s projects, which concerneth
stopped, and yet so
as no
man can charge
him with composition, and so the matter dieth. 4. There be sundry

seizures made, in case where the laws give seizures, which are re
penal laws: which I do wholly and most humbly submit to your majesty s high wisdom and judg ment, wishing withal that some conference may be had by Mr. Chancellor and the barons, and
4.
The
officer
is
to
take knowledge of such

seizures, and
give information to the court
to
rest of the learned counsel, to draw the And most speci service to a better perfection. ally that the travels therein taken may be con
the
by agreements underhand, and so mo ney wrested from the subject, and no benefit
to the king.
leased
concerning them.
This
is
of more
diffi
sidered and discerned of hy the lord treasurer, whose care and capacity is such, as he doth always either find or choose that which is best
for
culty, because seizures are matter in fact,
your majesty
part to
s service.
The recompense unto
the gentleman,
it
is
not
All
seizures
made, ought not
to
once be
whereas suits are matter of record and it may re quire! more persons to be
:
my
presume
to touch,
otherwise than to
put your majesty in remembrance of that propor
discharged, but by or der of the court, and
employed, asat theports,
where
is
much
abuse.
which your majesty is pleased to give to others out of the profits they bring in, and per haps with a great deal less labour and charge.
tion,
ADVICE TO THE
TOUCHING
KING,.
MR. SUTTON
MAY
ESTATE.
itself, in
IT PLEASE
YOUR MAJESTY,
and the very nature of the work
the
I FIND it a positive precept of the old law, that there should be no sacrifice without salt:
vast and unfit proportions thereof, being apt to provoke a misemployment: it is no diligence of theirs, except there be a digression from that
the moral whereof, besides the ceremony, may model, that can excuse it from running the same be, that God is not pleased with the body of a way that gifts of like condition have heretofore good intention, except it be seasoned with that done. For to design the Charterhouse, a build
spiritual
wisdom and judgment,
as
it
be not ing
:
fit
for a prince s habitation, for
an hospital,
easily subject to be corrupted and perverted for salt, in the Scripture, is a figure both of wisdom and lasting. This cometh into my
is
one as if one should give in alms a rich embroidered cloak to a beggar. And certainly a
all
man may
see
"tanquam
qua
oculis
cernuntur,"
mind, upon this act of Mr. Suiton, which seemeth to me as a sacrifice without salt; having the materials of a good intention, but not pow dered with any such ordinances and institutions as may preserve the same from turning corrupt, or at least from becoming unsavoury, and nf little use. For though the choice of the feoffees be of the best, yet neither can they always live;
that if such an edifice, with six thousand pounds revenue, be erected into one hospital, it will in small time degenerate to be made a preferment
of
some
all
take
great person to be master, and he the sweet, and the poor to be stinted, and
;
u>
take but the crumbs
as
it
comes
to
pass in Jivor
hospitals of this realm, which have but the names of hospitals, and are only wealthy benefices in
240
ADVICE ABOUT THE CHARTERHOUSE.

in the
j
respect of the mastership; but the poor, which is the "propter quid," little relieved. And the
like hath
beginning, that in those great hospitals the revenues will draw the use, and not the use the
been the fortune of much of the alms

religion in their great foundations,
of the
Roman
revenues; and so, through the mass of the wealth, they will swiftly tumble down to a mis.
i
which being begun in vainglory and ostentation, ment. And if any man say, that in the iwo hosreatness have had their judgment upon them, to end in pitals in London there is a precedent of gre him This meditation hath concurring with good employment let hit con oncurrmg employment; corruption and abuse. made me presume to write these few lines to sider that those hospitals have annual governors,
;
your majesty; being no better than good wishes which your majesty s great wisdom may make something or nothing of. Wherein I desire to be thus understood, that if this foundation, such as it is, be perfect and good in law, then I am too well acquainted with your majesty s disposition, to advise any course of
; and, revenues consist not upon cer tainties, but upon casualties and free gifts, which gifts would be withheld, if they appeared once to be perverted ; so as it keepeth them in a continual
that they are under the superior licy of such a state as the city of
chiefly, that their
care
and po
London
power
or profit that is not grounded upon a right: nay, farther, if the defects be such as a court of
good behaviour and awe to employ them aright; none of which points do match with the present
ise.
The next consideration may be, whether this equity may remedy and cure, then I wish that, as St. Peter s shadow did cure diseases, so the very intended hospital, as it hath a more ample endow of ment than other hospitals have, should not like shadow of a good intention may cure defects
that nature.
But
if
there be a right, and birth
right planted in the heir, and not remediable by courts of equity, and that right be submitted to
as that
your majesty, whereby it is both in your power and grace what to do then I do wish that this rude mass and chaos of a good deed were directed rather to a solid merit, and durable charity, than
:
wise work upon a better subject than other poor; it should be converted to the relief of maimed soldiers, decayed merchants, householders aged, and destitute churchmen, and the like ;
whose
to
a blaze of glory, that will but crackle a
little in
condition, being of a better sort than loose people and beggars, deserveth both a more liberal stipend and allowance, and some proper place of or coupled with the relief, not intermingled
talk,
and quickly extinguish. And this may be done, observing the species in indiof Mr. Sutton s intent, though varying viduo:" for it appears that he had in notion a triple good, a hospital, and a school, and maintain ing of a preacher: which individuals refer to these three general beads ; relief of poor, ad vancement of learning, and propagation of rdi"
basest sort of poor; which project, though spe cious, yet, in my judgment, will not answer the
certainly
designment in the event, in these our times. For few men in any vocation, which have been somebody, and bear a mind somewhat ac cording to the conscience and remembrance of that they have been, will ever descend to that condi tion, as to profess to live upon alms, and to be but if I shall set before your majesty, come a corporation of declared beggars; gion. Now, then, in every of these three kinds, what it is that is rather will choose to live obscurely, and as it most wanting in your kingdom ; and what is were to hide themselves with some private liketo.be the most fruitful and effectual use of friends: so that the end of such an institution will be, that it will make the place a receptacle such a beneficence, and least like to be perverted that, I think, shall be no ill scope of my labour, of the worst, idlest, and most dissolute persons how meanly soever performed ; for out of variety of every profession, and to become a cell of loi terers, and cast serving-men, and drunkards, with represented, election may be best grounded.
;
Concerning the
relief of the poor; I hold
some scandal
rather than fruit to the
commonwealth.
number of
hospitals, with competent
endowments,
will do far more good than one hospital of an exorbitant greatness : for though the one course will be the more seen, yet the other will be the
of this kind I can find but one example with us, which is the alms-knights of Windsor; which particular would give a man a small encourage
And
ment
more
"
your majesty erect many, besides the observing the ordinary maxim, Bonum, quo communius, eo melius," choice may be made of those towns and places where there is most need, and so the remedy may be
felt.
For
if
to follow that precedent. Therefore the best effect of hospitals
is, to
make
the kingdom, if it were possible, capable of that law, that there be no beggar in Israel for it is
:
that kind of people that is a burden, an eyesore, a scandal and seed of peril and tumult in the state.
distributed as the disease is dispersed. Again, f greatness o relief, accumulated in one place, doth or invite a swarm and n? h surcharge of poor, than mlieve those that are naturally bred in that place;
like to ill-tempered medicines, that draw more humour to the part than they evacuate from it.
B>il
But
chiefly
it
were
to
be wished, that such a be
neficence towards the relief of the poor were so bestowed, as not only the mere and naked poor
should be sustained, but, also, that the honest person which hath hard means to live, upon whom the poor are now charged, should be in some sort
eased
:
chiefly I rely
upon the reason that
touched
for that
were a work generally acceptable
ADVICK ABOUT TIIK CHAHTKIIIWUSE.

to the
s|i.irr
241
is
kingdom,
t
i-
all
other
if the public Ir.ind of alms might of prixtte httKi Of tut! and, then fore, employments ul tint kind, 1 commend
hath
the
s of relief and correction, which are most h mixed hospitals; where tin- impotent ]irrson is re and man will sit longer in the chair, than till he can lieved, and the sturdy beggar buckled to work the imal)le person also not maintained to he idle, walk to a better preferment: and it will come to which is ever joined with drunkenness and im pass as Virgil saith, li patruin invalid! rcfcrant jejunia mm." purity, hut is sorted with such work as he can inair.iireand perform; and where the uses are not dis For if the principal readers, through the meanness tinguished, as in other hospitals; whereof some of their entertainment, be but men of superficial are for aged and impotent, and some for children, learning, and that they shall take their place but and some for correction of vagabonds; but are in passage, it will make the mass of sciences ant the chief and solid dimension, which is general and promiscuous so that they may take oiT poor of every sort from the country as the depth; and to become but pretty and compendious habits of practice. Therefore, I could wish lh,.t country breeds them and thus the poor them selves shall find the provision, and other people in both the universities, the lectures as well the sweetness of the abatement of the tax. Now, of the three professions, divinity, law, and physic;
>UM
i
Surely re, Mi rs in s, and parents in M-H deserve to enjoy a condition not inferior to their Isi- no children, that embrace the practical part;
of (iod to
a proceeding.
made make
are
a beginning, so this occasion
offered
chair
as
the
nc<
if it
be objected, that houses of correction in
all
places have not done the good expected, as it cannot be denied, hut in most places they have done much good, it must be remembered that there
as of the three heads of science, philosophy, arts of speech, and the mathematics ; were raised in
pensions unto 100/. per annum apiece: which, though it he not near so great as they are
their
is a great difference between that which is done in some other places, where the greatness of the by the distracted government of justices of peace, reward doth whistle for the ablest men out of all and that which may be done by a settled ordi foreign parts to supply the chair; yet it may be a nance, subject to a regular visitation, as this may portion to content a worthy and able man if he be. And, besides, the want hath been commonly be likewise contemplative in nature, as those Thus may in houses of correction of a competent and certain spirits are that are fittest for lectures. stock, for the materials of the labour, which in learning in your kingdom be advanced to a farther this case may be likewise supplied. height; learning, I say, which, under your majesty, Concerning the advancement of learning, I do the most learned of kings, may claim some degree subscribe to the opinion of one of the wisest and of elevation. That for grammar greatest men of your kingdom Concerning propagation of religion, I shall in schools, there are already too many, and, therefore, few words set before your majesty three proposi no providence to add where there is excess: for tions, none of them devices of mine own, otherwise the great number of schools which are in your than that I ever approved them two of which have highness s realm, doth cause a want, and doth been in agitation of speech, and the third acted. cause likewise an overflow both of them incon The first is a college for controversies, whereby For by we shall not still proceed single, but shall, as it venient, and one of them dangerous. means thereof they find want in the country and were, double our files; which certainly will be towns, both of servants for husbandry, and appren found in the encounter. tices for trade: and, on the other side, there being The second is a receipt (I like not the word more scholars bred than the state can prefer and seminary, in respect of the vain vows, and implicit employ and the active part of that life not bear obedience, and other things tending to the pertur ing a proportion to the preparative, it must needs bation of states, involved in that term) for converts
;
:
fall
out, that
many
persons will be bred unfit
for
to the reformed religion, either of
other vocations, and unprofitable for that in which they are brought up ; which fills the realm full
of indigent, idle, and wanton people, which are
but
"materia
rerum
novarum."
Therefore, in this point, I wish Mr. Sutton intention were exalted a degree ; that that which
he meant for teachers of children, your majesty should make for teachers of men ; wherein it hath been my ancient opinion and observation, that in the universities of this realm, which I take to be
of the best endowed universities of Europe, there is nothing more wanting towards the flourishing
state of learning, than the
youth or other wise ; for I doubt not but there are in Spain, Italy, and other countries of the Papists, many whose hearts are touched with a sense of those corrup tions, and an acknowledgment of a better way : which grace is many times smothered and choked, through a worldly consideration of necessity and want; men not knowing where to have succour and refuge. This likewise I hold a work of great that w piety, and a work of great consequence ; also may be wise in our generation ; and that tin; watchful and silent night may be used as well for
sowing of good seed, as of tares.
honourable and plentiful salaries of readers in arts and professions. In
The
part of
third is, the imitation of a
religious act of
winch
point, as your majesty s bounty already
memorable and Queen Elizabeth; who, finding a Lancashire to be extremely backward n
Vol.. II.
31
242
OBSERVATIONS ON A LIBEL.
Thus have I briefly delivered unto your ma religion, and the benefices swallowed up in impropriations, did, by decree in the duchy, erect jesty mine opinion touching the employment lour stipends of 100/. per annum for preach of this charity ; whereby that mass of wealth, apiece ers well chosen to help the harvest, which have which was in the owner little better than a
done a great deal of good in the parts where they stack or heap of muck, may be spread over have laboured. Neither do there want other cor your kingdom to many fruitful purposes your ners in the realm, that would require for a time majesty planting and watering, and God guiiig
;
the like extraordinary help.
the increase.
CERTAIN OBSERVATIONS UPON A LIBEL

PUBLISHED THIS PRESENT YEAR,
ENTITLED
1592,
A DECLARATION OF THE TRUE CAUSES OF THE GREAT TROUBLES PRESUPPOSED TO BE INTENDED AGAINST THE REALM OF ENGLAND.
for princes being wars together, that howsoever they prosecute their quarrels and debates by arms and acts of hostility yea, though the wars be such, as they pretend the utter ruin and overthrow of the forces and states one of another, yet they so limit their passions as they preserve two things sacred and inviolable ; that is, the life and good name each of other. For the wars are no massacres and con
IT were just and honourable
in
kind of proceeding, it will be found, that in the whole course of her majesty s proceeding with
King of Spain, since the amity interrupted, was never any project by her majesty, or any of her ministers, either moved or assented unto, for the taking away of the life of the said
there
the
fusions
when
but they are the highest trials of right; ; princes and states, that acknowledge no
king: neither hath there been any declaration or writing of estate, no, nor book allowed, wherein his honour hath been touched or taxed, otherwise than for his ambition ; a point which is necesI
superior upon earth, shall put themselves upon the justice of God for the deciding of their contro
versies by such success, as it shall please him to give on either side. And as in the process of
particular pleas
sarily interlaced with her majesty s own justifi cation. So that no man needeth to doubt but
that those
part,
wars are grounded, upon her majesty s upon just and honourable causes, which
have so just and honourable a prosecution; con between private men, all things sidering it is a much harder matter when a prince ought to be ordered by the rules of civil laws; so is entered into wars to hold respect then, and not in the proceedings of the war nothing ought to be to be transported with passion, than to make done against the law of nations, or the law of moderate and just resolutions in the beginnings. But now if a man look on the other part, honour ; which laws have ever pronounced these two sorts of men, the one, conspirators against the it will appear that, rather, as it is to be thought, persons of princes; the other, libellers against by the solicitation of traitorous subjects, which their good fame: to be such enemies of common is the only poison and corruption of all honourable not by war between foreigners, or by the presumption society as are not to be cherished, no, For in the examples of times which of his agents and ministers, than by the proper enemies.
were less corrupted, we find that when, in the there have greatest heats and extremities of wars, been made offers of murderous and traitorous
attempts against the person of a prince to the enemy, they have been not only rejected, but also revealed and in like manner, when dishonourable luention hath been made of a prince before an
:
inclination of that king, there hath been, if not plotted and practised, yet at the least comforted,
conspiracies against her majesty s sacred person which, nevertheless, God s goodness hath used and turned, to show by such miraculous dis
coveries, into
how
near and
enemy
by some that have thought therein humour, he hath showed himself, contrariwise, utterly distasted therewith, and been to contest for the honour of an enemy. "-ady \coorcliagf to which noble p.nd magnanimous
prince,
to please his
custody majesty
it
hath
pleased
him
precious care and to receive her
But in the life and preservation. is strange what a number of it and defamatory books and writings, and in what variety, with what art and cunning handled, have been allowed to pass through
s
other point
libellous
Oltsi
KV \TIONS ON A MUMI..
243
the world in all languages against her majesty and her government; sometime.-, pretending the gravity and authority of church stom s to move sometimes formed into remonstrances, belief;
against her majesty do best satisfy the m the ii.n i^m-r, so the slander and calumniation
,,f
her principal counsellors agreed best with the humours of some malcontents within the realm;
and advertisements of e.-late to move regard; imagining also, that it was like they should be sometimes presented as it were in tragedies of more scattered here, ami treelier ilisperatliolics to move piiy ; some- also should be less odious to those foreigners the p. r-eriition-, of tian s contrived into pleasant pasi|iiilsand satires which were not merely partial and pa.--so as there is no shape whereinto who have for the most part in detestation the to move sport these fellows have not transformed themselves ; traitorous libellings of subjects directly against nor no humour nor affection in the mind of man their natural prince. to which they have not applied themselves; Amongst the rest in this kind, there hath been
(
:
thereby to insinuate their untruths and abuses to the world. And, indeed, let a man look into
them the only triumphant lies that ever were confuted by circumstances of time and place; confuted by contrariety in themselves, confuted by the witness of infinite persons that live yet, and have had particular knowledge of tho matters; but yet avouched with such asseveration, as if either they were
tin-in,
and he shall
find
published this present year of 1592, a libel that giveth place to none of the rest in malice and untruths; though inferior to most of them in penning and style; the author having chosen the
vein of a Lucianist, and yet being a counterfeit even in that kind. This libel is entitled, "A
declaration of the true causes of the great trou bles presupposed to be intended against the realm
of
England;"
and hath a semblance as
if it
were
fallen
into
that strange
disease of
the mind,
which a wise writer describeth

"fingunt
in these
words,
simul
it
creduntque;"
or as if they had
bent against the doings of her majesty s ancient and worthy counsellor, the Lord Burleigh ; whose carefulness and pains her majesty hath used in
her counsels and actions of this realm for these
thirty-four years
as a principal precept and ordinance of their seminaries, "audacter calumniari, semper aliquid hseret;" or as if they were of the race which in old time were wont to help themselves
received
space, in all dangerous times, and amidst many and mighty practices; and with such success as our enemies are put still to with miraculous lies. But when the cause of this their paper-shot of such libels as these; the is entered into, namely, that there passeth over memory of whom will remain in this land, when out of this realm, a number of eager and unquiet all these libels shall be extinct and forgotten ;
whom their own turbulent and humour ous nature presseth out to seek their adventures abroad ; and that, on the other side, they are nourished rather in listening after news and intelligences, and in whisperings, than in any commendable learning; and after a time, when either their necessitous estate, or their ambitious appetites importune them, they fall on devising how to do sorae acceptable service to that side
scholars,
according
Memoria justi cum to the Scripture, But it laudibus, at impiorum nomen putrescet." is more than evident, by the parts of the same
"
book, that the author s malice was to her majesty and her government, as may especially appear in this, that he charged not his lordship with any
particular actions of his private life, such power had truth, whereas the libels made against other
which maintaineth them; so as ever when their credit waxeth cold with foreign princes, or that their pensions are ill paid, or some preferment is in sight at which they level, straightways out cometh a libel, pretending thereby to keep in life the party, which within the realm is contrary to the state, wherein they are as wise as he that
counsellors have principally insisted upon that part: but hath only wrested and detorted such
actions of state, as in times of his service have
been managed ; and, depraving them, hath ascribed and imputed to him the effects that have followed ; indeed, to the good of the realm, and the honour of her majesty, though sometimes to the provoking of the malice, but abridging of the power and thinketh to kindle a fire by blowing the dead means of desperate and incorrigible subjects. asheh , when, I say, a man looketh into the cause All which slanders, as his lordship might and ground of this plentiful yield of libels, he justly despise, both for their manifest untruths, wi!i ceaso to marvel, considering the concurrence and for the baseness and obscurity of the author; which is, as well in the nature of the seed, as in so, nevertheless, according to the moderation the travel of tilling and dressing; yea, and in the which his lordship useth in all things, never fitness of the season for the bringing up of those claiming the privilege of his authority, when it is infectious weeds. question of satisfying the world, he hath been But to verify the saying of our Saviour, non content that they be not passed over altogether in
"
est discipulus super magistrum;" as they

si
have silence; whereupon I have, in particular duty to nght to deprave her majesty s government in his lordship, amongst others that do honour and herself, so have they not forgotten to do the same love his lordship, and that have diligently observed in her principal servants and counsellors; think his actions, and in zeal of truth, collected, upon
I
ing,
belike,
that as
the
immediate
invectives the reading rf the said libel, certain observations
244
I
not in form of a just answer, lest

vnto the error
*
should
fall
low cared not
whereof Solomon speaketh thus,
Answer
not a fool in his

;"
own
kind, lest thou also
to be counted a liar by all English, ipon price of deceiving of Spain and Italy ; for t must be understood, that it hath been the gene
but only to discover the malice, ral practice of this kind of men many years, of be like him and to reprove and convict the untruths thereof. the one side, to abuse the foreign estates, by The points, that I have observed upon the making them believe that all is out of joint and
reading of this
I.
libel, are
these following:
Of the scope or drift of the libeller. II. Of the present estate of this realm of Eng land, whether it may be truly vouched to be
prosperous or afflicted.
III. Of the proceedings against the pretended Catholics, whether they have been violent, or
ruinous here in England, and that there is great part ready to join with the invader ; and on the
other side, to make the evil subjects of England believe of great preparations abroad, and in great readiness to be put in act, and so to deceive on
both sides: and this

jrift.
moderate, and necessary. IV. Of the disturbance of the quiet of Chris tendom, and to what causes it may be justly
imputed. V. Of the cunning of the
take to be his principal an extravagant and incredi ble conceit, to imagine that all the conclusions and actions of estate which have passed during her majesty s reign, should be ascribed to one counsellor alone; and to such a one as was
I
So, again,
it is
libeller, in palliation
of his malicious invective against her majesty and the state, with pretence of taxing only the actions of the Lord Burleigh.
and
never noted for an imperious or overruling man; to say, that though he carried them not by violence, yet he compassed them by device, there
is no man of judgment that looketh into the na VI. Certain true general notes upon the actions ture of these times, but will easily descry that of the Lord Burleigh. the wits of these days are too much refined for VII. Of divers particular untruths and abuses any man to walk invisible, or to make all the world his instruments; and, therefore, no, not in dispersed through the libel. VIII. Of the height of impudency that these this point assuredly, the libeller spake as he
men
into, in publishing and avouching thought; but this he foresaw, that the imputa with a particular recital of some of tion of cunning doth breed suspicion, and the them for an essay. imputation of greatness and sway doth breed envy; and therefore finding where he was most 1. Of the scope or drift of the libeller. wrong, and by whose policy and experience their It is good advice, in dealing with cautelous and plots were most crossed, the mark he shot at was malicious persons, whose speech is ever at dis to see whether he could heave at his lordship s tance with their meanings, "non quid dixerint, authority, by making him suspected to the queen, sed quo spectarint, videndum not to or generally odious to the realm ; knowing well a man is regard what they affirm, or what they hold but enough for the one point, that there are not only what they would convey under their pretended jealousies, but certain revolutions in princes It minds: so that it is a rare virtue in the rarest discovery, and what turn they would serve. soundeth strangely in the ears of an Englishman, princes to continue constant to the end in their
are
grown
untruths;
:"
that the miseries of the present state of England exceed them of former times whatsoever. One
would straightway think with himself, doth this man believe what he saith * Or, not believing it, lordship hath always marched
doth he think
it
favours and employments. And knowing for the other point, that envy ever accompanieth great and that his ness, though never so well deserved
:
a round and a real
possible to
make us
believe it?
Surely, in my conceit, neither of both ; but his end, no doubt, was to round the pope and the King of Spain in the ear, by seeming to tell a
tale to the people of
course in service; and as he hath not moved envy by pomp and ostentation, so hath he never ex
tinguished
it
riage of himself;
drift.
by any popular or insinuativo and this no doubt was
car
his
England.
For such books second
are ever
and, no doubt, the man was not so simple as to think he could persuade the people of Eng
A third drift was, to assay if he could supplant and weaken, by this violent kind of libelling, and turning the whole imputation upon his lordship, land the contrary of what they taste and feel. his resolution and courage; and to make him pro But he thought he might better abuse the states ceed more cautelously, and not so thoroughly and abroad, if he directed his speech to them who strongly against them, knowing his lordship to rnuld best convict him, and disprove him if he be a politic man, and one that hath a great stake
wont
to
be translated into divers lan
guages
said untrue;
case,
cerent,
"jEtolos
so that, as Livy saith in the like magis, corain quibus verba fa;"
to lose.
Lastly, lost, while

art of this tV!lr,\v,
I
./Etonians, in their
who
That the quos, pensi habere tale, did more respect those did overnear them, than those to whom they
quam ad
should
discover the cunning and make him wiser than
ho was,
passion;
think
a gn-at
"dilTlcile
part of this honk cst tarcrt 1 , cum dolcas."
was
The
their speech: so in this
manner
this fel
humours of these men being of themselves eager
OBSEIN \Tln\s ON
ami
tins
firrce, h.ive,
li\
I.IHEI,.
245
.
tin
ahort ;nnl blasting of

d.
tlicir
|
barons war,
tii.
h-.pe-i.
I
hreii
nliinli-il
and mragi
tlr.it
is,
of
;ill
that sort
surely have been urii-
And
to reign \vitli security am! Kinir Henry I. also h.ul unnatural \\.ir-, witli liis brother Robert, win rein much nobility
n.
:
meanest workmanship brimr frauht- was consumed he had therew itlial tedious wars in \\ales; am! vv.is not without some other sedi ed with sundry liav and cold amplifica tions, and other characters of despite ; but void of tions and troubles; as, namely, the great contesta tion of his prelates. all judgment or ornament. King Henry II., his happi ness was much deformed by the revolt of his son II. Of the present estate of this realm of Henry, after he had associated him, and of his England, whether it may be truly avouched other sons. King Henry III., besides his con to dp tinual wars in Wales, was, after forty-four years prosperous or afflicted. The benefits of almighty God upon this land, reign, unquicted with intricate commotions of his since tlie time that in his singular providence he barons; as may appear by the mad parliament led as it were by the hand, and placed in the held at Oxford, and the acts thereupon ensuing. kingdom, his servant our queen, Elizabeth, are His son Edward I. had a more flourishing time such as, not in boasting, or in confidence of our than any of the other; came to his kingdom at selves, but in praise of his holy name, are worthy ripe years, and with great reputation, after his to be both considered and confessed, yea, and voyage into the Holy Land, and was much loved registered in perpetual memory notwithstanding, and obeyed, contrived his wars with great judg
ten, of the
;
scoll>,
having reclaimed Wales to a settled upon the point of uniting But yet I suppose it was more honour those men, that through the gall and bitterness Scotland. of their own heart have lost their taste and judg for her majesty to have so important a piece of ment, and would deprive God of his glory, and Scotland in her hand, and the same with such
not after the manner of a panegyric to extol the present time: it shall suffice only that
1
mean
ment;
first
allegiance, and being
us of our senses, in affirming our condition to be miserable, and full of tokens of the wrath and
indignation of God, be reproved. nemo est miser, aut If, then, it be true, that
"
whether we shall, keep comparatus ing ourselves within the compass of our own island, look into the memories of times past, or at this present time take a view of other states abroad in Europe, we shall find that we need not
felix, nisi
;"
give place to the happiness either of ancestors or neighbours. For if a man weigh well all the parts of state and religion, laws, administration of jus tice, policy of government, manners, civility,
justice to render up, than it was for that worthy king to have advanced in such forwardness the conquest of that nation. And for King Edward III., his reign was visited with much sickness and mortality, so as they reckoned in his days three several mortalities; one in the twenty-second year, another in the thirty-fifth year, and the last in the forty-third year of his reign ; and being otherwise victorious and in prosperity, was by that only cross more afflicted, than he was by the other prosperities comforted. Besides, he entered
hardly; and, again, according to the verse, "cedebant ultima primis," his latter times were not
learning and liberal sciences, industry and ma nual arts, arms and provisions of wars for sea and
land, treasure,
And for King Henry V., as his so prosperous. success was wonderful, so he wanted continu
traffic, improvement of the soil, ance; being extinguished after ten years reign population, honour and reputation, it will appear in the prime of his fortunes. one part with another, the state of for her majesty, we will first speak of the that, taking Now, this nation was never more flourishing. blessing of continuance, as that which wanted in It is easy to call to remembrance, out of his the happiest of these kings; and is not only a
kings of England which have in more ancient times enjoyed greatest happiness ; besides her majesty s father and grandfather, that reigned in rare felicity, as is fresh in memory. They
tories, the
great favour of God unto the prince, but also a singular benefit unto the people ; for that sentence of the Scripture, "misera natio cum multi sunt
have been King Henry
Henry III., King Henry V.
King Edward
All
King Henry II., King I., King Edward III., which have been princes of
I.,
principes ejus," is interpreted not only to extend to divisions and distractions in government, but
also to frequent changes in succession ; considering, that the change of a prince bringeth in many
royal virtue, great felicity, and famous memory. But it may be truly affirmed, without derogation
to
charges, which are harsh and unpleasant to a great It appeareth, then, that of part of the subjects.
line of five
any of these worthy princes, that whatsoever the

find in libels, there is not to
hundred and fourscore years, and
we
more, containing the number of twenty-two English chronicles, a king that hath, in all re God hath already prolonged her majesty s with surh felicity exceed sixteen of the said two-and-t\vt niy spects laid together, reigned as IK r majesty hath done. For as for the first and by the end of this present year, which God three Henrys, the first came in too soon after a prosper, she shall attain to be equal with two during which time there have deceased conquest; tin- second too soon after an usurpa more tion ; and the third too soon after a league, or four emperors, as manv French kings : twice so be found
in the
t
i
246
OBSERVATIONS ON A LIBEL
the
many
Yea, every state in bishops of Rome. Christendom, except Spain, have received sundry
King of Spain withdrawn
his ambassadors
successions.
And
for the
King of Spain, he
is
here residing; neither had her majrsty n-c. i\eii into protection the United Provinces of the Low
so infirm, and thereby so retired, as the report of his death scrveth for every year s news : whereas her majesty, thanks be given to God,
waxed
Countries,) and the aid of France; they have not occupied in time a third part of her majesty s reign ; nor consumed past two of any noble
being nothing decayed in vigour of health and house ; whereof F rarice took one, and Flanders another; and very few besides of quality or ap strength, was never more able to supply and sus tain the weight of her affairs, and is, as far as pearance. They have scarce mowed down the standeth with the dignity of her majesty s royal overcharge of the people within the realm. It is state, continually to be seen, to the great comfort therefore true, that the kings aforesaid, and others and heart-ease of her people. her majesty s progenitors, have been victorious Secondly, we will mention the blessing of in their wars, and have made majiy famous and I mean generally of the health people, which memorable voyages and expeditions into sundry was wanting in the reign of another of these parts; and that her majesty, contrariwise, from which else deserved to have the second the beginning, put on a firm resolution to content kings; place in happiness, which is one of the great herself within those limits of her dominions favours of God towards any nation. For as there which she received, and to entertain peace with be three scourges of God, war, famine, and pesti her neighbour princes; which resolution she lence; so are there three benedictions, peace, hath ever since, notwithstanding she hath had Whereas, therefore, this rare opportunities, just claims and pretences, and plenty, and health. realm hath been visited in times past with sun great and mighty means, sought to continue. kinds of mortalities, as pestilences, sweats, But if this be objected to be the less honourable dry and other contagious diseases, it is so, that in her fortune; I answer, that ever amongst the heathen, majesty s times, being of the continuance afore who held not the expense of blood so precious as said, there was only, towards the beginning of Christians ought to do, the peaceable govern her reign, some sickness, between June and Fe- ment of Augustus Caesar was ever as highly es biuary, in the city; but not dispersed into any teemed as the victories of Julius his uncle; and
:
was noted; which we plague; because that, though it was nothing so grievous and so sweeping as it hath been sundry times heretofore, yet it was great in respect of the health which hath followed since; which hath been such, especially of late years, as we began to dispute and move questions of the causes whereunto it should be ascribed, until such time as it pleased God to teach us that
other part of the realm, as
call yet the great
that the
name
as
of
"
honourable
that
was ever as pater patriae of propagator imperii."

"
"
this I add further, that during this inward peace of so many years in the actions of war be fore mentioned, which her majesty, either in her own defence or in just and honourable aids, hath undertaken, the service hath been such as hath car
And
we ought to ascribe it only to his mercy, by touching us a little this present year, but with a very gentle hand ; and such as it hath pleased him since to remove. But certain it is, for so
years together, notwithstanding the great pestering of people in houses, the great mul titude of strangers, and the sundry voyages by seas, all of which have been noted to be causes
no note of a people, whose militia hath degenerated through long peace; but hath every way answered the ancient reputation of the Eng
ried
lish
arms.
fourth blessing is plenty and
The
and,
abundance
many
grain and all victuals, there cannot be more evident proof of the plenty than this that whereas England was wont to be fed by
first, for
:
other countries from the east, it sufficeth now to feed other countries; so as we do many times
transport and serve sundry foreign countries ; and yet there was never the like multitude of people to eat it within the realm. Another evident proof
of pestilence, the health universal of the people was never so good.
The
and
that
third blessing is that which all the politic fortunate kings before recited have wanted ;
is,
:
peace for there was never foreigner since her majesty s reign, by invasion or incursion of moment, that took any footing within the realm of England. One rebellion there hath been only, but such a one as was repressed within the of seven weeks, and did not waste the space realm so much as by the destruction or depopula And for wars abroad, tion of one poor town. taking in those of Leith, those of Newhaven, the
may be, that the good yields of corn which have been, together with some toleration of vent, hath of late time invited and enticed men to break up more ground, and to convert it to till age, than all the penal laws for that purpose made and enacted could ever by compulsion
thereof
effect.
A third proof may be, that the prices of grain and victual were never of late years more reasonable. Now, for arguments of the great wealth in all other respects, let the points follow
fair
second expedition into Scotland, the wars of Spain, which I reckon from the year eighty-six or eighty-seven, (before which time neither had
ing be considered. There was never the like number of

stately houses as
have been
built
nnd
set
and up from
OBSEIH \Tin\s ON
ii the ground since licr in iji si y* insomuch, tli;it there have been reckoned in one shirr ttl.it is
r<
A LI1!KL.
247
(if
principal effect of the truekno\\ led-je and worship iod, three points of irreat ci.|i>rc|iieuce unto tins
<
number civil estate. thirty-three, new hnilt within t!i:it tune; and One, the st-iy of a mighty treasure within the \vhereof the meanest Was never built for two realm, which in fun-times was drawn forth to thousand pounds. Rome. Another, the dispersion and distribution There were never the like pleasures of goodly of those revenues, amounting to a third part of gardens ami orchards, walks, pools, and parks, the land of the realm, and that of the goodliest as do adorn almost every mansion-house. and the richest sort, which heretofore was unThen- was never the like number beautiful profitably spent in monasteries, into such hands
nut
grîl,
tu
tini
which
have lucn
;ill
<>f
and costly tombs, ami monuments wiiich erected in sundry churches, in honourable
are
me
like quantity of plate, jewels, sumptuous moveables, and stuff, as is now \\ithin the realm.
mory There never was the
of the dead.
as by whom the realm receiveth at this day ser vice and strength ; and many great houses have been set up and augmented. The third, the ma
naging and enfranchising of the regal dignity from the recognition of a foreign superior. All which points, though begun by her father, and There was never the like quantity of waste and continued by her brother, were yet, nevertheless, after an eclipse or intermission, restored and re unprofitable ground, inned, reclaimed, and im
proved.
There was never the

sorts of grounds,
purging away of the dross of religion, the heaven kinds of good husbandry. ly treasure, was common to her majesty with her The towns were never better built nor peopled father and her brother, so the purging of the base nor the principal fairs and markets ever better money, the earthly treasure, hath been altogether
all
;
husbanding of by fencing, manuring, and

like
all
established by her majesty s self. Secondly, the fineness of money:
for as
the
customed or frequented. whereby our proper to her majesty s own times The commodities and ease of rivers cut by moneys bearing the natural estimation of the hand, and brought into a new channel ; of piers stamp or mark, both every man resteth assured of .that have been built; of waters that have been his own value, and free from the losses and de forced and brought against the ground, were ceits which fall out in other places upon the ris never so many. ing and falling of moneys. There was never so many excellent artificers, Thirdly, the might of the navy and augmenta nor so many new handicrafts used and exercised tion of the shipping of the realm which, by po nor new commodities made within the realm litic constitutions for maintenance of fishing, and sugar, paper, glass, copper, divers silks, and the the encouragement and assistance given to the like. undertakers of new discoveries and trades ky There was never such complete and honourable sea, is so advanced, as this island is become, as provision of horse, armour, weapons, ordnance of the natural site thereof deserveth, the lady of
; ; ;
;
the war.
the sea.
blessing hath been the great popula tion and multitude of families increased within
fifth
The
Now,
to pass
from the comparison of time to
her majesty s days
for
which point
I refer
my
the comparison of place, we may find in the states abroad cause of pity and compassion in some ;
self to the proclamations of restraint of building in London, the inhibition of inmates of sundry
cities, the restraint of cottages by act of parlia ment, and sundry other tokens of record of the surcharge of people. Besides these parts of a government, blessed from God, wherein the condition of the people hath been more happy in her majesty s times, than in the times of her progenitors, there are certain singularities and particulars of her ma jesty s reijn ; wherein I do not say, that we have enjoyed them in a more ample degree and propor tion than in former ages, as it hath fallen out in the points before mentioned, but such as were in etlect unknown and untasted heretofore. As,
but of envy or emulation in none; our condition being, by the good favour of God, not inferior
to any.
The kingdom of France, which, by reason of the seat of the empire of the west, was wont to have the precedence of the kingdoms of Europe,
now fallen into those calamities, that, as the From the crown of the head to prophet saith, the sole of the foot, there is no whole place." The divisions are so many, and so intricate, of
is
"
Protestants and Catholics, royalists and leaguers, Bourbonists and Lorainists, patriots and Spanish; as it seemeth God hath some great work to brino to pass upon that nation : yea, the nobility
divided from the third estate, and the towns
the field.
;
froii.
the purity of religion, which is a benefit in estimable, and was in the time of all former princes, until the days of her majesty s father of
first,
All which
have been wrought

faction.
miseries, truly to speak. by Spain and the Spanish
famous memory, unheard of. Out of which pu The Low Countries, which were, within the rity of religion have since ensued, beside the age of a young man, the richtst, the best people.
248
OBSERVATIONS ON A
in
LI1JKL.
and the best built plots of Europe, are

:
estate, as a country is like to be in, that hath
midst of a great honour or lordship ; is intermingled, not with jealousy the seat of thirty years war and although the alone, hut with restraint. sea provinces be rather increased in wealth and The states of Germany have had for the most shipping than otherwise; yet they cannot but part peaceable times; but yet they yield to the their distraction from the rest of their state of England ; not only in the great honour of mourn for a great kingdom, they being of a mean style and body. The kingdom of Portugal, which of late times, dignity, but also in many other respects, both of through their merchandising and places in the wealth and policy. East Indies, was grown to be an opulent king The state of Savoy having been in the old
in the
such been
mixed
so as
tiieir
quiet
is now at the last, after the unfortunate duke s time governed in good prosperity, hath journey of Afric, in that state as a country is like since (notwithstanding their new great alliance to be, that is reduced under a foreigner by con nth Spain, whereupon they waxed insolent, to quest ; and such a foreigner as hath his competi design to snatch up some piece of France, after tor in title, being a natural Portugal and no the dishonourable repulse from the siege of stranger ; and having been once in possession, Geneva) been often distressed by a particular yet in life whereby his jealousy must necessa gentleman of Dauphiny ; and at this present day rily be increased, and through his jealousy their the duke feeleth, even in Piedmont beyond the
dom,
mountains, the weight of the same enemy; who hath lately shut up his gates and common entries tries to live in exile, and by putting to death a between Savoy and Piedmont. of noblemen, naturally born to have So as hitherto I do not see but that we are as great number been principal governors of their countries. much bound to the mercies of God as any other These are three afflicted parts of Christendom; nation; considering that the fires of dissension
oppression which is apparent, by the carrying of many noble families out of their natural coun
:
the rest of the states enjoy either prosperity or tolerable condition.
The kingdom
sent,
of Scotland, though, at this pre
by the good regiment and wise proceeding of the king, they enjoy good quiet; yet since our peace it hath passed through no small troubles, and rernaineth full of boiling and swelling hu mours but like, by the maturity of the said king
;
and oppression in some parts of Christendom, may serve us for lights to show us our happiness and the good estates of other places, which we do congratulate with them for, is such, nevertheless, as doth not stain and exceed ours ; but rather doth still leave somewhat, wherein we may acknow ledge an ordinary benediction of God. Lastly, we do not much emulate the greatness
;
every day increasing, to The kingdom of Poland is newly recovered out of great wars about an ambiguous election. And,
besides,
is
and glory of the Spaniards; who, having not only excluded the purity of religion, but also fortified
against
it,
by
;
their
device of the inquisition,
a state of that composition, that their

:
king being elective, they do commonly choose rather a stranger than one of their own country
a
great exception to the flourishing estate of
a bulwark against the entrance of the truth of God having, in recompense of their new purchase of Portugal, lost a great part of their
which
is
any
kingdom.
The kingdom
of Swedeland, besides
their
ancient partrimonies of the Low Countries, be ing of far greater commodity and value, or at the least holding part thereof in such sort as most of
their other revenues are spent there
foreign wars upon their confines, the Muscovites and the Danes, hath been also subject to divers intestine tumults and mutations, as their stories do record. The kingdom of Denmark hath had good
upon
their
own; having
lately,
with much
difficulty, rather
smoothed and skinned over, than healed and ex tinguished the commotions of Arragon ; having
rather
in France, than reaped as unto themselves ; having from the attempt of England received scorn and disreputation; being at this time with the states
sowed troubles
fruit
times, especially by the good government of the late king, who maintained the profession of the
sured
thereof
gospel ; but yet greatly giveth place to the king of England, in climate, wealth, fertility, and many other points, both of honour and
dom
of Italy rather suspected than either loved or feared ; having in Germany, and elsewhere,
rather
strength. The estates of Italy, which are not under the dominion of Spain, have had peace equal in con
practice, than any sound intelligence having no such clear succession as they need object, and reproach the uncertainty tinuance with ours, except in regard of that which thereof unto another nation ; have in the end won hath passed between them and the Turk, which a reputation rather of ambition than justice; hath sorted to their honour and commendation ; and, in the pursuit of their ambition, rather of but yet they are so bridled and overawed by the much enterprising than of fortunate achieving, rather of doing things Spaniard, that possesseth the two principal mem- and in their enterprising, iiers thereof, ani that in the two extreme parts, by treasure and expense, than by forces and
much
;
or amity
as tnej oe like quillets of /reehold, being inter-
valour.
HIM. VATIONS ON A LIHEL.

I!
319
have given hngland respectively, and

I
w that
p.ist,
tin-
limes
set nil
mil
iif
tin-
sun
of the churches, but containeth some repp In nsioa of unnecessary and sclnsmatical OOntVOTmieC. in rompari.-MHi of tins abroad, I will dcSo, likewise, in the reign of ( onstantine ti,
reader a taste
. (
to
examine the
let
libeller s
own
divisions,
(Jreat, after the
time that the church had ohtaini d
whereupon
clean
tliis
(I
tint
ink,
Oil
.
which ho hath cast
world judge, how easily mid in our faces,
peace from persecution, straight entered sundry questions and controversies, about no less matt, rs than the essential parts of the faith, and the hih
mysteries of the Trinity.
The first hranch of the pretended calamities of England, is the great and wonderful confusion which, lit! s.uih, is in the state of the church; which is subdivided again into two parts: the one,
the prosecutions against the Catholics: the other, the discords and controversies amongst ourselves:
tlio
Hut reason teacheth
us, that in ignorance and implied belief it is easy to agree, as colours agree in the dark : or if any country decline into atheism, then controversies
wax
former of which two parts
article
by
itself;
wherein
I have made an have set down a
dainty, because men do think religion scarce worth the falling out for ; so as it is weak di vinity to account controversies an ill sign in the
church.
It is
clear and simple narration of the proceedings of state against that sort of subjects ; adding this by
true that certain
men, moved with an in

all
considerate detestation of
ceremonies or orders,
the way, that there are two extremities in state concerning the causes of faith and religion ; that
say, the permission of the exercises of more religions than one, which is a dangerous indul gence and toleration; the other is the entering
is to
which were
in use in
the time of the
Roman
re
ligion, as if they were without difference super stitious or polluted, and led with an affectionate
imitation of the government of
some Protestant
churches in foreign states ; have sought by books and sifting into men s consciences when no overt and preaching, indiscreetly, and sometimes unduscandal is given, which is rigorous and strainable tifully, to bring in an alteration in the external inquisition ; and I avouch the proceed ings towards rites and policy of the church ; but neither have the pretended Catholics to have been a mean the grounds of the controversies extended unto between these two extremities, referring the de any point of faith ; neither hath the pressing and monstration thereof unto the aforesaid narration prosecution exceeded, in the generality, the nature in the articles following. of some inferior contempts so as they have been Touching the division in our church, the li far from heresy and sedition, and therefore rather beller affirmeth that the protestantical Calvinism, offensive than dangerous to the church or for so it pleaseth him with very good grace to state. term the religion with us established, is grown And as for those which we call Brownists, contemptible, and detected of idolatry, heresy, being, when they were at the most, a very small and many other superstitious abuses, by a puri number of very silly and base people, here and fied sort of professors of the same gospel. And there in corners dispersed, they are now, thanks this contention is yet grown to be more intricate, be to God, by the good remedies that have been by reason of a third kind of gospellers, called used, suppressed and worn out; so as there is Brownists ; who, being directed by the great fer scarce any news of them. Neither had they vour of the unholy ghost, do expressly affirm, been much known at all, nad not BroxVn their that the protestantical Church of England is not leader written a pamphlet, wherein, as it came gathered in the name of Christ, but of Antichrist; into his head, he inveighed more against logic and and that if the prince or magistrate under her do rhetoric, than against the state of the church, refuse or defer to reform the church, the people which writing was much read ; and had not also may, without her consent, take the reformation one Barrow, being a gentleman of a good house, into their own hands and hereto he nddeth the but one that lived in London at ordinaries, and fanatical pageant of Racket. And this is the there learned to argue in table talk, and so was effect of this accusation in this point. very much known in the city and abroad, made a For answer whereunto, first, it must be remem leap from a vain and libertine youth, to a precisebered that the church of God hath been in all ness in the highest degree; the strangeness of ages subject to contentions and schisms: the which alteration made him very much spoken of tares were not sown but where the wheat was the matter might long before have breathed out. sown before. Our Saviour Christ delivered it for And here I note an honesty and discretion in the an ill note to have outward peace ; saying, when libeller, which I note nowhere else; in that he
:
:
"
a strong
meaning
is
in possession of the house," the devil, "all things are in peace." It

is
man
the condition of the church to be ever under

;
did forbear to lay to our charge the sect of Hi* Family of Love ; for, about twelve years since, there was creeping in, in some secret place? of
and there are but two trials ; the one of per- the realm, indeed a very great heresy, derived the other of scandal and contention ; and from the Dutch, and named as was before said ; when the one ceaseth, the other succeedeth nay, which since, by the good blessing of God, and by there is scarce any one epistle of St. Paul s unto the good strength of our church, is banished and VOL. II. 32
trials
sccnti
ni.
250
extinct.
But so much we
see, that the diseases
rest
wherewith our church hath been visited, whatso ever these men say, have either not been malign and dangerous, or else they have been as blisters in some small ignoble part of the body, which have soon after fallen and gone away. For such also was the phrenetical and fanatical, for I mean not to determine it, attempt of Hacket, who must needs have been thought a very dangerous here tic, that could never get but two disciples ; and
those, as
which was, if the deputies of the Lacedae monians could make it plain unto them, that, aftei these and these things parted withal, the Lacedffimonians should not be able to hurt them, though So it is with us, as we have not they would.
;
justly provoked the hatred or enmity of any other state, so, howsoever that be, I know not at this
time the enemy that hath the power to offend us, though he had the will. And whether we have given just cause of
it should seem, perished in their brain ; quarrel or offence, it shall be afterwards touched and a dangerous commotioner, that in so great and in the fourth article, touching the true cause of the far as populous a city as London is, could draw but disturbance of the quiet of Christendom, as those same two fellows, whom the people rather it is fit to justify the actions of so high a prince as this. But now laughed at as a May-game, than took any heed of upon the occasion of such a libel what they did or said so as it was very true that concerning the power and force of any enemy, 1 an honest poor woman said, when she saw Hacket do find that England hath sometimes apprchcndi-d out of a window pass to his execution; said she with jealousy the confederation between France was foretold that in the latter and Scotland ; the one being upon the same to herself, days there should come those that have deceived continent that we are, and breeding a soldier many; but in faith thou hast deceived but few." of puissance and courage, not much differing But it is manifest untruth which the libeller from the English: the other, a kingdom very setteth down, that there hath been no punishment opulent, and thereby able to sustain wars, though done upon those which in any of the foresaid kinds at very great charge ; and having a brave nobility ; have broken the laws, and disturbed the church and being a near neighbour. And yet of this and state ; and that the edge of the law hath been conjunction there never came any offence of
:
j
"It
only turned upon the pretended Catholics for the examples are very many, where, according to the
:
but Scotland was ever rather used by France as a diversion of an English invasion upon nature and degree of the offence, the correction of France, than as a commodity of a French invasion such offenders hath not been neglected. upon England. I confess, also, that since the These be the great confusions whereof he hath unions of the kingdom of Spain, and during the which I refer to the judgment time the kingdom of France was in his entire, a accused our church, of an indifferent and understanding person, how conjunction of those two potent kingdoms against But true they be: my meaning is not to blanch or us might have been of some terror to us. excuse any fault of our church ; nor, on the other now it is evident, that the state of France is such
moment
side, to enter into

it
commemoration, how flourishing as both those conjunctions are become impossible : great and learned divines, or painful and it resteth that either Spain with Scotland should For Scotland, thanks excellent preachers; let men have the reproof of offend us, or Spain alone. that which is amiss, and God the glory of that be to God, the amity and intelligence is so sound between the two crowns, being strength which is good. And so much for the first branch. and secret In the second branch, he maketh great musters ened by consent in religion, nearness of blood, and shows of the strength and multitude of the and continual good offices reciprocally on either
is in
enemies of this state delaring in what evil terms side, as the Spaniard himself, in his own plot, and correspondence we stand with foreign states, thinketh it easier to alter and overthrow the and how desolate and destitute we are of friends present state of Scotland than to remove and divide and confederates ; doubting, belike, how he should it from the amity of England. So as it must be be able to prove and justify his assertion touching Spain alone that we should fear, which should the present miseries, and, therefore, endeavouring seem, by reason of its spacious dominions, to be a at the least to maintain that the good estate which great overmatch. The conceit whereof maketh me we enjoy is yet made somewhat bitter by reason call to mind the resemblance of an ancient writer
;
of
many
terrors
and
fears.
Whereupon, entering
into the consideration of the security wherein, not by our policy, but by the good providence and pro
tection of
God, we stand
at this time, I
do find
it
to be a security of that nature and kind, which Iphicrates the Athenian did commend ; who being
in physic; who, labouring to persuade that a to purge physician should not doubt sometimes his patient, though he seem very weak, entereth into a distinction of weakness; and saith, there is a weakness of spirit, and a weakness of body ;
the latter whereof he compareth unto a man that with the state of Sparta were otherwise very strong, but had a great pack upon conditions of peace, and hearing the other on his neck, so great as made him double again, side make many propositions touching security, so as one might thrust him down with his finger : he fitly interrupted them, and told them, there was but one which similitude and distinction both may manner of security whereupon the Athenians could applied to matter of state; for some stales are
a
commissioner
to treat
weak through want
of means, and sonic \vc;ik
I
251
through excess ot burden; in which r;ink of Spain, wliich having place the state
lisdf in
(
do
leagues than Spain itself hath provided for us: Non enim verbis fujdera confirmantur, sed iisdcm
"
We know to how many states th utilitatibus." much; and being King of Spain is odious and suspected and for itself hut a harren seed-plot of soldiers, and much ourselves we have incensed none by our injuries, decayed and exhausted ol men hy the Indies, and nor made any jealous of our ambition these arc
<>utcom-
inliraeing too
and as to the state of their in rules of policy the firmest contracts. Let thus much be said in answer of the second treasure, being indebted and engaged before such times as they waged so great forces in France, branch, concerning the number of exterior ene and, therefore, much more since, is not in brief an mies: wherein my meaning is nothing less than enemy to be feared by a nation seated, manned, to attribute our felicity to our policy ; or to nou But I rish ourselves in the humour of security. furnished, and policed as is England. Neither is this spoken by guess, for the ex hope we shall depend upon God and be vigilant; perience was substantial enough, and of fresh and then it will be seen to what end these false memory in the late enterprise of Spain upon alarms will come. In the third branch of the miseries of England, England ; what time all that goodly shipping, which in that voyage was consumed, was com he taVeth upon him to play the prophet, as he plete; what time his forces in the Low Countries hath in all the rest played the poet; and will were also full and entire; which now are wasted needs divine or prognosticate the great troubles to a fourth part; what time also he was not whereunto this realm shall fall after her majesty s entangled with the matters of France, but was times; as if he that hath so singular a gift in rather like to receive assistance than impediment lying of the present time and times past, had froir his friends there, in respect of the great nevertheless an extraordinary grace in telling vigour wherein the league then was, while the truth of the time to come; or, as if the effect of Duke of Guise then lived; and yet, nevertheless, the pope s curses of England were upon better It is true, it will this great preparation passed away like a dream. advice adjourned to those days. The invincible navy neither took any one bark be misery enough for this realm, whensoever it of ours, neither yet once offered to land ; but after shall he, to lose such a sovereign but, for the they had been well beaten and chased, made a rest, we must repose ourselves upon the good perambulation about the northern seas ; ennobling pleasure of God. So it is an unjust charge in the many coasts with wrecks of mighty ships; and so libeller to impute an accident of state to the fault returned home with greater derision than they set of the government. forth with expectation. It pleaseth God sometimes, to the end to make So as we shall not need much confederacies men depend upon him the more, to hide from and succours, which he saith we want for break them the clear sight of future events; and to
by continual wars
ing of the Spanish invasion, no, though the Spaniard should nestle in Britain, and supplant the French, and get some port towns into their hands there, which is yet far off, yet shall he
never be so commodiously seated to annoy us, as and we sha if he had kept the Low Countries
:
make them
think that full of uncertainties which
proveth certain and clear: and sometimes, on the other side, to cross men s expectations, and to make them full of difficulty and perplexity in
rather fear
him as a wrangling neighbour,
that
which they thought to be easy and assured. is it any new thing for the titles of suc cession in monarchies to be at times less or more
that
Neither
trespass now and then upon some straggling And as for ships of ours, than as an invader.
may
declared.
King Sebastian of Portugal,

Afric, declared
before
no successor. OHr confederacies, God hath given us both means The cardinal, though he were of extreme age, and and minds to tender and relieve the states of were much importuned by the King of Spain, and others ; and therefore our confederacies are rather knew directly of six or seven competitors to that of honour than such as we depend upon. And crown, yet he rather established I know not what yet, nevertheless, the Apostatas and Huguenots interims, than decided the titles, or designed any of France on the one part, for so he termeth the certain successor. The dukedom of Ferrara is at whole nobility in a manner of France, among the this day, after the death of the prince that now which a great part is of his own religion which liveth, uncertain in the point of succession the maintain the clear and unblemished title of their kingdom of Scotland hath declared no successor. lawful and natural king against the seditious Nay, it is very rare in hereditary monarchies, by populace, and the beer-brewers and basket-makers any act of state, or any recognition or oath of th of Holland and Zealand, as he also terms them, people in the collateral line, to establish a sueon the other, have almost brandied away between cossor. The Duke of Orleans succeeded Charles them all the Duke of Parma s forces and I sup VIII. of France, but was never declared successor pose the very mines of the Indies will go low, or in his time. Monsieur d Angulesme also suc over the one be ruined, or the other recovered. ceeded him, hut without any designation. Sons Neither again desire we better confederacies and of kings themselves oftentimes, through desire to
his journey into
; : ;
252
wax dangerous many partialities and divisions, how much more cousins in a interruption of justice, while the
I
:
reign and to prevent their time,

.o
besides
mncl.
their parents
great ones did
more remote degree
It is lawful, no doubt, and ? honourable, if the case require, for princes to make an establishment: but, as it was said, it is
seek to bear out those that did depend upon them. So as the kings of this realm, finding long since that kind of commandment in noblemen unsafe
Trajan, rarely practised in the collateral line. the best Emperor of Rome, of a heathen, that
unto their crown, and inconvenient unto their

people, thought meet to restrain the same by pro vision of laws; whereupon grew the statute oi
retainers; so as men now depend upon the prince and the laws, and upon no other ; a matter which
ever vas, at what time the emperors did use to design successors, not so much to avoid the un
certainty of succession, as to the end to have curarum" for the "participes present time, be
hath also a congruity with the nature of the time, cause their empire was so vast; at what time also, as may be seen in other countries; namely, in adoptions were in use, and himself had been Spain, where their grandees are nothing so potent adopted ; yet never designed a successor, but by and so absolute as they have been in times past. his last will and testament, which also was But otherwise, it may be truly affirmed, that the thought to be suborned by his wife Plotina in rights and pre-eminencies of the nobility were
the favour of her lover Adrian.
be sure that nothing hath been done to prejudice the right; and there can be but one But one thing I am persuaded of, that no right. King of Spain, nor Bishop of Rome, shall umpire
or promote
You may
lived, whom
any beneficiary, or feodatory king, as when the Scots queen number of other privileges in parliament, court, I will not and country. So, likewise, for the countenance they pretended to cherish. retort the matter of succession upon Spain, but of her majesty and the state, in lieutenancies, use that modesty and reverence that belongeth to commissions, offices, and the like, there was the majesty of so great a king, though an enemy. never a more honourable and graceful regard had And so much for this third branch. of the nobility ; neither was there ever a more The fourth branch he maketh to be touching the faithful remembrancer and exacter of all these overthrow of the nobility, and the oppression of particular pre-eminencies unto them ; nor a more the people: wherein though he may percase diligent searche r and register of their pedigrees, abuse the simplicity of any foreigner; yet to an alliances, and all memorials of honour, than that Englishman, or any that heareth of the present man, whom he chargeth to have overthrown the condition of England, he will appear to be a man nobility; because a few of them by immoderate of singular audacity, and worthy to be employed expense are decayed, according to the humour of in the defence of any paradox. And, surely, if the time, which he hath not been able to resist, he would needs have defaced the general state of no, not in his own house. And as for attainders, England, at this time, he should in wisdom rather there have been in thirty-five years, but five of have made some frierly declamation against the any of the nobility, whereof but two came to excess of superfluity and delicacy of our times, execution; and one of them was accompanied than to have insisted upon the misery and poverty with restitution of blood in the children: yea, all and depopulation of the land, as may sufficiently of them, except Westmoreland, were such, as, whether it were by favour of law or government, appear by that which hath been said.
they designed to do; even
j
|
never more duly and exactly preserved unto them, than they have been in her majesty s time; the precedence of knights given to the younger sons of barons; no subpoenas awarded against the nobility out of the chancery, but letters; no answer upon oath, but upon honour: besides a
But, nevertheless, to follow this man in his own steps: first, concerning the nobility; it is true, that there have been in ages past, noblemen, as I take it, both of greater possessions and of greater command and sway than they are at this day.
their heirs have, or are like to have, a great part
of their possessions.
nobility.
And
so
much
for
the
Touching the oppression of the people, he tioneth four points.

1.
men-
One reason why the possessions are less, I con ceive to be, because certain sumptuous veins and humours of expense, as apparel, gaming, main
taining of a kind of followers, and the like, do Another reign more than they did in times past.
2.
3. 4.
The consumption of people in the The interruption of traffic. The corruption of justice. The multitude of taxations. Unto
"
wars.
all
which
reason is, because noblemen now-a-days do deal better with their younger sons than they were accustomed to do heretofore, whereby the principal house receiveth many abatements. Touching the command, which is not indeed so great as it hath been, I take it rather to he a commendation of the lime, than otherwise: for men were wont factiously to depend upon noblemen, whereof ensued
For the first, points there needeth no long speech. Crescite" thanks be to God, the benediction of
and
"Multiplicamini,"
is
not so
weak upon
this
realm of England, but the population thereof may afford such loss of men as were sufficient for the making our late wars, and were in a perpetuity, without being seen either in city or country. read, that when the Romans did take cense of
We
their people,
whereby the
citizens
were numbered
l>v
253
beginning of a great war; and prtll alterw ;inls aâin at the ending, there sometimes wanted ;i mini part the number: but let
the
in the
<if
<>nr
ceive an
honourable opinion of the justice of
England.
kslic jierused, those, I say, that certify of nil fighting men in every shire, of the nuinh.
mustei-i
ow to the points of levies and distributions of money, which he calleth exactions. First, very
coldly, he
for
is
MCI simo
a hand fnl
of the queen; at what time, except of soldiers in the LoW Countries, we

in the
Paul
s steeple
not abashed to bring in the gathering and the lottery trifles ; whereof
expended no men
this
wars ; and now again, at present time, and there will appear small diminution. There be many tokens in this realm rather of press and surcharge of people, than of want and depopulation, which were before recited. Besides, it is a better condition of inward peace lo be accompanied with some exercise of no dan gerous war in foreign parts, than to be utterly without apprentisage of war, whereby people grow effeminate and unpractised when occasion shall be. And it is no small strength unto the realm, that in these wars of exercise and not of peril, so many of our people are trained, and so many of our nobility and gentlemen have been made excellent leaders both by sea and land. As for that he objecteth, we have no provision for
soldiers at their return
; though that point hath not been altogether neglected, yet I wish with all that it were more ample than it is ; my heart,
the former, being but a voluntary collection of that men were freely disposed to give, never grew
to so great a sum as was sufficient to finish the work for which it was appointed : and so, I ima
gine, it was converted into some other use; like to that gathering which was for the fortifications
save that the gathering for Paris came greater, though, as 1 have heard, no And, for the lottery, it was but competent sum. a novelty devised and followed by some particu
of Paris
to a
;
much
lar persons,
as a gain of hazard
and only allowed by the state, being wherein if any gain was, it was because many men thought scorn, after they had fallen from their greater hopes, to fetch their odd money. Then he mentioneth loans and privy seals wherein he showeth great ignorance and indiscretion, considering the payments back again have been very good and certain, and much for
:
though I have read and heard, that in all estates, upon cashiering and disbanding of soldiers, many have endured necessity. For the stopping of traffic, as I referred myself to the muster-books for the first, so I refer myself to the custom-books upon this, which will not lie, and do make demonstration of no abatement at all in these last years, but rather of rising and in crease. We know of many in London and other
:
her majesty s honour. Indeed, in other princes times it was not wont to he so. And, therefore, though the name be not so pleasant, yet the use
of them in our times have been with small griev ance. He reckoneth also new customs upon
cloths,
and new impost upon wines.
In that of
cloths, he is deceived ; for the ancient rate of custom upon cloths was not raised by her majesty,
Queen Mary, a Catholic queen: and hath been commonly continued by her majesty, except he mean the computation of the odd yards, which places that are within a small time greatly come in strict duty was ever answerable, though the up and made rich by merchandising and a man error were but lately looked into, or rather the And to that of wines, may speak within his compass, and affirm, that toleration taken away. our prizes by sea have countervailed any prizes being a foreign merchandise, and but a delicacy, and of those which might be forborne, there hath upon us. And, as to the justice of this realm, it is true been some increase of imposition, which can that cunning and wealth have bred many suits rather make the price of wine higher, than the and debates in law. But let those points be con merchant poorer. Lastly, touching the number the integrity and sufficiency of those of subsidies, it is true, that her majesty, in respect sidered
but by
:
which supply the

courts
;
judicial places in the queen s the good laws that have been made in her majesty s time against informers and pro
of the great charges of her wars, both by sea and land, against such a lord of treasure as is the King
|
moters, and for the bettering of trials; the example of severity which is used in the Star Chamber, in
of Spain ; having for her part no Indies nor mines, and the revenues of the crown of England being such, as they less grate upon the people than Wie
oppressing forces and frauds ; the diligence and revenues of any crown or state in Europe, hath, stoutness that is used by justices of assizes, in by the assent of parliament, according to the encountering all countenancing and bearing ot ancient customs of this realm, received diveia rau^s in the country, by their authorities and subsidies of her people, which, as they have been wisdom ; the great favours that have been used employed upon the defence and preservation of towards copy holders and customary tenants, which the subject, not upon excessive buildings, nor
were in ancient times merely at the discretion and mercy of the lord, and are now continually relieved from hard dealing, in chancery and other I courts of equity say, let these and many other points be considered, and men will worthily con
:
upon immoderate donatives, nor upon triumph* and pleasures; or any the like veins of dissipa tion of treasure, which have been familiar tu have they been yielded with many kings:
s>
great good-will
md
cheerfulness, as
may
apj ear
234
OBSERVATIONS OX A LIBEL.
liking to make windows into men s hearts and secret thoughts, except the abundance of them
j
oy other kinds of benevolence, presented to her likewise in parliament ; which her majesty never
theless hath not put in ure. They have been taxed also and assessed with a very light and gentle hand ; and they have been spared as much
did overflow into overt and express acts and affir mations, tempered her law so, as it restraint-ill
only manifest disobedience in impugning and im
may be, as may appear in that her majesty peaching advisedly and ambitiously her majesty s how twice, to spare the subject, hath sold of her supreme powef, and maintaining and extolling a own lands. But he that shall look into other foreign jurisdiction. And as for the oath, it was
as
and talliages, altered by her majesty into a more grateful form ; and impositions, and assizes, and the like, tha the harshness of the name and appellation of are everywhere in use, will find that the English supreme head was removed; and the penalty of man is the most master of his own valuation, and the refusal thereof turned into a disablement to
countries, and consider the taxes,
the least bitten in his purse of any nation of Eu rope. Nay, even at this instant in the kingdom
take any promotion, or to exercise any charge; and yet that with a liberty of being revested
therein, if his life.
after many years toleration of a multitude of factious Papists, when Pius Quintus had ex. communicated her majesty, and the bill of ex
of Spain, notwithstanding the pioneers do
still
any man shall accept thereof during
work in the Indian mines, the Jesuits most play the pioneers, and mine into the Spaniards purses; and, under the colour of a ghostly exhortation, contrive the greatest exaction that ever was in any
realm.
But
communication was published in London, where answer of these calumniations, by her majesty was in a sort proscribed, and all I have thought good to note touching the present her subjects drawn upon pain of damnation from fitate of England; which state is such, that who her obedience; and that thereupon, as upon a soever hath been an architect in the frame thereof, principal motive or preparative, followed the re
Thus much,
in
under the blessing of God, and the virtues of our bellion in the north sovereign, needed not to be ashamed of his work. cause many of those
III.
yet, notwithstanding, be evil humours were by that
attempts of any within the realm, not backed by moderate and necessary. some foreign succours from without; she con I find her majesty s proceedings generally to tented herself to make a law against that special have been grounded upon two principles the case of bringing in, or publishing of bulls or the like instruments; whereunto was added a prohi one, That consciences are not to he forced, but to be bition, not upon pain of treason, but of an infe won and reduced by the force of truth, by the aid rior degree of punishment, against bringing in of of time, and the use of all good means of instruc hallowed beads, and such other Agnus Dei tion or persuasion the other, merchandise of Rome, as are well known not to That causes of conscience, when they exceed be any essential part of the Roman religion, but their bounds, and prove to be matter of faction, only to be used in practice as love-tokens, to en lose their nature; and that sovereign princes chant and bewitch the people s affections from ought distinctly to punish the practice or con their allegiance to their natural sovereign. In all tempt, though coloured with the pretences of con other points her majesty continued her former
:
"
Of the proceedings against the pretended Catholics, whether they have been violent, or
rebellion partly purged, and that she feared at that time no foreign invasion, and much less the
s,"
science and religion. According to these

at her
lenity.
two
principles, her majesty,
But when, about the twentieth year of her

of Spain reign, she had discovered in the King an intention to invade her dominions, and that a
a party principal point of the plot was to prepare ithin the realm that might adhere to the foreign
er; and that the seminaries
to send
crown, utterly disliking of the tyranny of the church of Rome, which had used by terror and rigour to seek commandment over men s faiths and consciences; although, as a prince of great wisdom and magnanimity, she suffered but the exercise of one religion, yet her proceedings towards the Papists were with great
coming
to the
began to blossom and
who
forth daily priests and professed men, should by vow, taken at shrift, reconcile her
which time subjects from her obedience; yea, and bind many of them to attempt against her majesty s sacred And therefore her majesty revived not the laws person and that, by the poison they spread, the made in twenty-eighth, and thirty-fifth, of her humours of most Papists were altered, and that father s rîgn, whereby the oath of supremacy they were no more Papists in custom, but Papists laws might have been offered at the king s pleasure to n treasonable faction then were there new
lenity, expecting the might work in them.
good
effects
any subject, though he kept

the
his conscience never
made
for the
punishment of such as should sub

to
BO modestly to himself; and the refusal to take same oath, without farther circumstance, was Viade treason: but, contrariwise, her majesty not
reconcilements or renunciation* it is to be understood, that this manner of reconcilement in confession, is of
mit themselves
of obedience.
For
the
->:
same nature and operation

with
tliis
that the hull itself
only
dill
rence, that
(
whereas
i
counsel of England would never dream of, who would imagine that they should practise uali
the bull assoiled the
suliji
<-K
mm
their obedi-
nee
.it
once, the other doth

it
it
one by one.
Ami
therefore
is
both more secret, ami more insimi-
ative into the conscience, being joined with no
And
than an absolution from inort.il sin. because it was a treason carried in the clouds, and in wonderful secrecy, and came sel dom to light; and that there was no presumption
less
in, itter
some nobleman to make him head cf their fac tion; whereas they took a course only to deal with the people, and them so severally, as any one apprehended should be able to appeal no nore than himself, except the priests, who he
knew would
confession
"unction,
:
reveal nothing that
was
uttered in
so innocent
this
was
which
man
this princely priestly taketh to be but a mat

it
thereof so great as the recusants to come to di vine service, because it was set down by their decrees, that to come to church before reconcile
of conscience, and thinketh it reason lave free exercise throughout the land.
ter
should
IV.
Of
;
ment, was to live in schism; but to come to church after reconcilement, was absolutely here tical and damnable: therefore there were added
containing a punishment pecuniary ag.iinst the recusants, not to enforce consciences, but to enfeeble those of whom it rested indifferent
l.iws,
tendom
signed.
and
the disturbance of the quiet of Chris to what causes it may be justly as
new
It is indeed a question, which those that look nto matters of state do well know to fall out very
; though this libeller seemeth to be more gnorant thereof, whether the ambition of the more nighty state, or the jealousy of the less mighty state, is to be charged with breach of amity. Hereof, as there may be many examples, so there s one so proper unto the present matter as though
often
and ambiguous, whether they were reconciled or no ? For there is no doubt, but if the law of re cusancy, which is challenged to be so extreme and rigorous, were thus qualified, that any recu t were sant that shall voluntarily come in and take his many years since, yet it seemeth to be a of these times, and, namely, of the pro oath, that he or she were never reconciled, should immediately be discharged of the penalty and ceedings of Spain and England. The states, then, which answered to these two forfeiture of the law they would be so far from Consider, liking well of that mitigation, as they would cry now, were Macedon and Athens. And when, not therefore, the resemblance between the two out it was made to entrap them. withstanding all this provision, this poison was Philips, of Macedon and Spain; he of Macedon dispersed so secretly, as that there were no means aspired to the monarchy of Greece, as he of Spain to stay it, but to restrain the merchants that doth of Europe ; but more apparently than the brought it in ; then was there lastly added a law, first, because that design was discovered in his whereby such seditious priests of the new erec father Charles V., and so left him by descent and those that were at that time whereas Philip of Macedon was the first of the tion were exiled within the land shipped over, and so commanded kings of that nation which fixed so great conceits The course which this King of to keep hence upon pain of treason. in his breast. This hath been the proceeding with that sort, Macedon held was not so much by great armies though intermingled not only with sundry ex and invasions, though these wanted not when the amples of her majesty s grace, towards such as case required, but by practice, by sowing of fac tions in states, and by obliging sundry particular in her wisdom she knew to be Papists in con but also with an ex science, and not in faction persons of greatness. The state of opposition traordinary mitigation towards the offenders in against his ambitious proceedings was only the
:>arable
highest degree convicted by law, if they would protest, that in case this realm should be invaded with a foreign army, by the pope s au
the
thority, for the Catholic cause, as they term
state of
Athens, as
now
is
the state of
England
For Lacedaemon and Thebes against Spain. were both low, as France is now ; and the rest
of the states of Greece were, in power and terri it, they would take part with her majesty, and not tories, far inferior. The people of Athens were adhere to her enemies. exceedingly affected to peace, and weary of ex And whereas he saith no priest dealt in matter pense. But the point which I chiefly make the of state, Rallard only excepted ; it appeareth by comparison, was that of the orators, which were the records of the confession of the said Ballard, as counsellors to a popular state ; such as were
and sundry other priests, that all priests at that time generally were made acquainted with the invasion then intended, and afterwards put in act; and had received instructions not only to move an expei Vation in the people of a change, but also to take their vows and promises in shrift to adhere to the foreigner; insomuch that one of their principal heads vaunted himself in a letter
of the device, saying, that
it
jects
still
sharpest sighted, and looked deepest into the pro and spreading of the Macedonians, doubting
that the
fire, after it
licked up the neighbour
states,
opportunity to pass, would at last take hold of the dominions of Athens with
itself
and made
so great advantages, as they should not be able to remedy it, were ever charged both by the declara
tions of the
King
was
point the
tion of such Athenians as
of Macedon, and by the imputa were corrupted to be of
258
and dis
i
his faction, as the kindlers of troubles,
aspiring to the
turbers of the peace and leagues : but as that party was in Athens too mighty, so as it discoun
tenanced the true counsels of the orators, and so

bred the ruin of that state, and accomplished the ends of that Philip so it is to be hoped that in a monarchy, where there are commonly better in telligences and resolutions than in a popular state,
:
monarchy of Europe, casting hie eye principally upon the two potent kingdoms of France and England; and remembering how his father had once promised unto himself the con
those plots, as they are detected already, so they

will be resisted and
quest of the one; and how himself by marriage had lately had some possession of the other; and seeing that diversity of religion was entered into both these realms; and that France was fallen and England unto princes weak, and in minority
;
made
frustrate.
unto the government of a lady, in
whom
j
he
<iid
But
the
to follow the libeller in his
own
course
sum
of that which he delivereth concerning
not expect that policy of government, magnani roved, mity, and felicity, which since he hath
the imputation, as well of the interruption of the concluded, as the Spaniards are great waiters amity between the crowns of England and of upon time, and ground their plots deep, upon two Spain, as the disturbance of the general peace of points; the one to profess an extraordinary pa
Christendom, unto the English proceedings, and not to the ambitious appetites of Spain, may be
reduced into three points.
1.
Touching the proceeding of Spain and Eng
tronage and defence of the Roman religion, making account thereby to have factions in both king doms: in England, a faction directly against the state ; in France, a faction that did consent indeed
in religion
land towards their neighbour states. 2. Touching the proceeding of Spain and
Eng
show should seem unproper
with the king, and therefore at first to make a party for
land between themselves.

3.
Touching the
articles
and conditions which
a foreigner. But he foresaw well enough that the King of France should be forced, to the end to
retain peace and obedience, to yield in some things to those of the religion, which would un
it pleaseth him, as it were in the behalf of Eng land, to pen and propose for the treating and con cluding of a universal peace.
In the
states
first
he dtscovereth
how
the
King
of
Spain never offered molestation, neither unto the of Italy, upon which he confineth by Naples and Milan; neither unto the states of Germany, unto whom he confineth by a part of Burgundy and the Low Countries ; nor unto Por tugal, till it was devolved to him in title, upon which he confineth by Spain ; but contrariwise, as one that had in precious regard the peace of Christendom, he designed from the beginning to turn his whole forces upon the Turk. Only he
confesseth, that, agreeable to his devotion, which apprehended as well the purging of Christendom
doubtedly alienate the fiery and more violent sort of Papists ; which preparation in the people added to the ambition of the family of Guise, which he nourished for an instrument, would in the end
a party for him against the state, as since proved, and might well have done long before, as may well appear by the mention of league and
it
make
associations, which is old in France.
above twenty-five years
The
his
Low
other point he concluded upon, was, that Countries was the aptest place both for
ports and shipping, in respect of England, and for situations in respect of France, having goodly
frontier towns upon that realm, and joining also upon Germany, whereby they might receive in at pleasure any forces of Almaigns, to annoy and The impediment was the offend either kingdom.
from heresies, as the enlarging thereof upon the Infidels, he was ever ready to give succours unto the French kings against the Huguenots, espe whereas, on the cially being their own subjects hath other side, England," as he affirmeth, not only sowed troubles and dissensions in France and Scotland, the one their neighbour
:
" "
derful
inclination of the people, which, receiving a won commodity of trades out of both realms,
especially of England ; and having been in ancient league and confederacy with our nation,
upon the continent, the other divided only by the and having been also homagers unto France, he narrow seas, but also hath actually invaded both knew would be in no wise disposed to either kingdoms. For, as for the matters of the Low war: whereupon he resolved to reduce them to a Countries, they belong to the dealings which have martial government, like unto that which he had established in Naples and Milan; upon which passed by Spain."
In answer whereof,
tion
it is
worthy the considera
pleased God in that king to cross one passion by another; and, namely, that passion which might have proved dangerous unto all
how
it
suppression of their liberties ensued the defection And about the same time the of those provinces. reformed religion found entrance in the same countries; so as the kin?, inflamed with the
>e-
Europe which was his ambition, by another which was only hurtful to himself and his own, which was wrath and indignation towards his For after that he subjects of the Netherlands. was settled in his kingdom, and freed from some
fear of the
sistance he found in the

also because he
first
part of his plots, and
Turk, revolving his father
design in
might not dispense with his other of religion; principle in yielding to any toleration and withal expecting a shorter work of it than he found, became passionately bent to reconquei those countries ; wherein he hath consumed i-ifi
OBSERVATIONS ON A
ntte
1.
MEL.
257
treasure HIM
il"
fon-i s.
And
it,
I
this
tli.it
is
tin-
tni"
wh.-n-by
aKo
the suhject of France, name.y, the
caiisr,
;i
mail will look into

Sji.iin
h.ith
made
uf the
t!;c Kiii : dt
MI
MI,
,i
iiri"hhmir;
namely,
violent Papist, was inured to depend upon Spain. \nd so much for tin- King of Spain s proceeding
th;it
I.
In-
was
|o ent. muled
with
tin-
w;irs
towards
oilier
>t
:\<
-.
.r and fir^t touching the point our.s wherein he ehargeth U8 to be the authors of iliMihiril tirst the displeasure of tin- M C uf l?ome, troubles in Scotland and France; it \\ill appear with whom he meant to run a course of straight to any that have been well informed of the me c Injunction ; also he doubted it mi^ht invite the moirs of these affairs, that the trouble* cf tin -e And fur Germany, he had a kingdoms were indeed rhielly kindled by one and Turk to return. fre~h e\ .nnpleof his father, who, when he had an the same family of the Guise a family, as was nexed unto the dominions which he now possess- partly touched before, as particularly devoted now
:
iw Countries as he could nut intend any other ntcrprise. Besides, iii enterprising upon It;ily, he
eth, the empire of Almaign, nevertheless sunk in that enterprise; whereby he preceived that the
for
many
the Jesuits
nation
deal
was of too strong
a composition for him to
late years extraordinarily flourished
years together to Spain, as the order of is. This house of Guise, having of in the emi
withal: though not long since, by practice, he could have been contented to snatch up in the Kast the country of Embden. For Portugal, first, the kings thereof were good sons to the see of Rome; next, he had no colour of quarrel or pre tence; thirdly, they were officious unto him: yet, if you will believe the Genoese, who otherwise writeth much to the honour and advantage of the kings of Spain, itseemeth he had a good mind to make himself away into that kingdom, seeing that, for that purpose, as he reporteth, he did artificially
nent virtue of a few persons, whose ambition,

nevertheless, was nothing inferior to their virtue ; but being of a house, notwithstanding, which the princes of the blood of France reckoned but as
more than civil and proportionable to their cause, wheresoever they had authority ; and, accordingly, under con sanguinity and religion, they brought into Scot land in the year 1559, and in the absence of the king and queen, French forces in great numbers;
strangers, aspired to a greatness
nourish the young King Sebastian in the voyage of Afric, expecting that overthrow which followed.
whereupon the ancient nobility of that realm, seeing the imminent danger of reducing that king
dom under
the tyranny of strangers, did pray, ac
war upon the infidels cording to the good intelligence betw.een the two maketh me think what Francis crowns, her majesty s neighbourly forces. And a wise writer of history, speaketh so it is true, that the action Guicciardine, being very just and of his great-grandfather, making a judgment of honourable, her majesty undertook it, expelled the him as historiographers use that he did always strangers, and restored the nobility to their de
for
As
his intention
it
to
and Turks,
with a demonstration of a devout and holy intention to the advancement of the church and the public good. His father, also, when he received advertisement of the tak ing of the French king, prohibited all ringings,
veil his appetites
mask and
grees, and the state to peace. After, when certain noblemen of Scotland of the same faction of Guise had, during the minori
ty of the king, possessed themselves of his person, to the end to abuse his authority many ways : and,
and bonfires, and other tokens of joy; and said, those were to be reserved for victories upon infi dels ; on whom he meant never to war. Many a cruzado hath the Bishop of Rome granted to him and his predecessors upon that colour, which all have been spent upon the effusion of Christian and now this year the levies of Germans, blood which should have been made underhand for France, were coloured with the pretence of war
:
namely,
to
;
make
a breach between Scotland and
her majesty s forces were again, in the year 1582, by the king s best and truest servants sought and required and with the forces of her
England
upon the Turk: which the princes of Germany

descrying, not only break the levies, but threaten ed the commissioners to hang the next that should
offer the like
abuse: so that this form of dissem
bling
it were, hereditary to the of Spain. And as for his succours given to the French king against the Protestants, he could not choose but accompany the pernicious counsels which
is
familiar, and, as
King
still
he gave
to the
French kings, of breaking
and admitting of no pacification, but pursuing their subjects with mortal war, with princes of the blood, obtained also great authority some offer of aids; which having promised, he in the kingdom of France whereupon, having could not but in some small degree perform raised and moved civil wars under pretence of VOL. II.-33 Y 2
their edicts,
:
majesty prevailed so far, as to be possessed of the castle of Edinburgh, the principal part of that kingdom ; which, nevertheless, her majesty incon tinently with all honour and sincerity restored, after she had put the king into good and faithful hands ; and so, ever since, in all the occasions of intestine troubles, wbereunto that nation hath been ever subject, she hath performed unto the king all possible good offices, and such as he doth with all good affection acknowledge. The same house of Guise, under colour of alli ance, during the reign of Francis the Second, and by the support and practice of the queen-mother who, desiring to retain the regency under her o-va hands during the minority of Charles the Ninth, used those of Guise as a counterpoise to the
;
258
c."
religion, but, indeed, to enfeeble and depress th ancient nobility of that realm; tbe contrary part being compounded of the blood royal, and th
town of Calais: which, from the twenty-first King Edward III., had been possessed by the kings of England. There was a meeting near of the crown, opposed themselves Bourdeaux, towards the end of Queen greatest officers Mary s only against their insolency; and to their aids reign, between the commissioners of France, called in her majesty s forces, giving them fo and England, and some overture of peace Spain, which, never was made; but broke off upon the article of the security the town of Newhaven
:
theless, when as afterwards, having, by the repu tation of her majesty s confederation, made thei:
peace in effect as would, without observing any conditions that had passed, have had it back again ; then, indeed, was held by force, and so had been long, but for
the great mortality
After Queen Mary s death, King of Spain, thinking himself discharged they would themselves, they of that difficulty, though in honour he was no less
restitution of Calais.
the
bound to it than before, renewed the like treaty, wherein her majesty concurred so as the com missioners for the said princes met at Chasteau
:
which
amongst our men.
pleased After which time, so far
it
God
to send
was
Cambraissi, near Carnbray. In the proceedings of which treaty, it is true, that at the first the
her majesty from seeking to sow or kindle new troubles, as continually, by the solicitation of her
commissioners of Spain,
for
form and
in
demon
stration only, pretended to stand firm
upon the
ambassadors, she still persuaded the kings, both Charles IX. and Henry III., to keep and observe
their edicts of pacification, and to preserve their authority by the union of their subjects ; which
demand of Calais: but
it
was discerned, indeed,
that the king s meaning was, after some ceremo nies and prefunctory insisting thereupon, to grow
fain to do it in a treaty apart with the whereby, to one that is not informed of men were embarked the counsels and treaties of state, as they passed, it should seem to be a spiracy, as the flame thereof was nothing as voluntary agreement of her suaged ; but, contrariwise, that King Henry grew majesty, whereto the King of Spain would not be distressed, so as he was enforced to implore the party whereas, indeed, he left her no other succours of England from her majesty, though choice; and this was the first assay or earnest no way interested in that quarrel, nor any way penny of that king s good affection to her majesty. About the same time, when the king was obliged for any good offices she had received of that king, yet she accorded to the same before solicited to renew such treaties and leagues as the arrival of which forces, the king being, by a had passed between the two crowns of Spain and sacrilegious Jacobine, murdered in his camp, near England, by the Lord Cobham, sent unto him, to Paris, yet they went on, and came in good time acquaint him with the death of Queen Mary; for the assistance of the king which now reigneth ; and afterwards by Sir Thomas Chaloner, and Sir the justice of whose quarrel, together with the Thomas Chamberlain, successively ambassadors long continued amity and good intelligence which resident in his Low Countries; who had order her majesty had with him, hath moved her divers times, during their charge, to make over majesty, from time to time, to supply with great tures thereof, both under the king, and certain aids; arid yet she never, by any demand, urged rincipal persons about him; and, lastly, those upon him the putting into her hands of any town former motions taking no effect, by Viscount or place so as, upon this that hath been said, let Vlontacute and Sir Thomas Chamberlain, sent nto Spain in the year 1560; no other answer the reader judge, whether hath been the more just and honourable proceeding, and the more free could be had or obtained of the king, but that the from ambition and passion towards other states ; treaties did stand in as good force to all intents that of Spain, or that of England. Now let s new ratifications could make them. An us examine the proceedings reciprocal between nswer strange at that time, but very conformable to his proceedings since: which belike even then themselves. Her majesty, at her coming to the crown, found were closely smothered in his own breast. Foi her realm entangled with the wars of France and lad he not at that time had some hidden alienation Scotland, her nearest neighbours; which wars )f mind, and design of an enemy towards hei ivere grounded only upon the Spaniard s quarrel ; majesty, so wise a king could not be ignorant, but in the pursuit of them had lost England, the that the renewing and ratifying of treaties between
had been as happily followed as it was prudently and sincerely given, France had been at this day a most flourishing kingdom, which is now a theatre of misery and now, in the end, after that the ambitious practices of the same house of Guise had grown to that ripeness, that, gather ing farther strength upon the weakness and misgovernment of the said King Henry III., he was fain to execute the Duke of Guise without cere
counsel,
if it
:
apart to a peace with the French, excluding her majesty, and so to leave her to make her own
peace, after her people had made his wars. Which covert dealing being politicly looked into, her majesty had reason, being newly invested in her kingdom, and, of her own inclination, being
affected to peace, to conclude the
same with such
conditions as she might: and yet the King of Spain in his dissimulation had so much advantage
as she
was
;
mony,
at Blois.
And
yet, nevertheless, so many and engaged in that con
French
(>IJM-:ii\
\TIONS ON A
I.1HKI
259
any
fort
princes and stairs, do add great life and force. both of assurance to tlic jiarlirs tlicmselv, s, and countenance and reputation to the world besidt s and have, lor tliat cause. In u mill) and necessarily used and practised.
;
embrace the
offer of
majesty yield
than some
i^ner, then would n-lirf of money, or

h<
permit some supply of forces to go over m.to to the end, to interrupt such violent reso lution: and Btill continued to meditate unto the
them;
km;.
In the message of Viscount .Montacute,

1
it
was
s.
.me just and honourable capitulation* of
also contained, that he should crave tin Kind s counsel and assistance, according to amity and good intelligence, upon a discovery of certain
grace and accord, such as whereby always should have been preserved unto him such interest and
authority as he, in justice, could claim, or a prince moderately minded would seek to have. And this course she held interchangeably, seeking to mitigate the wrath of the king, and the despair of the countries, till such time as after the death
pernicious plots of the house of Guise, to annoy this realm by the way of Scotland: whereunto
the king s answer was so dark and so cold, that nothing could be made of it, till he had made an exposition of it himself by effects, in the express restraint of munition to be carried out of the Low Countries, unto the siege of Leith ; because our
Duke of Anjou, into whose hands, according to her majesty s prediction, but against her good liking, they had put themselves, the enemy
of the
nation
was
to
have supply thereof from thence,
So
as in all the negotiations that passed with that king, still her majesty received no satisfaction,
pressing them, the United Provinces were received into her majesty s protection which was after such time, as the King of Spain had dis:
but more and more suspicious and bad tokens of

evil affection.
them,
Soon
after,
when upon
that project,
which was
covered himself, not only an implacable lord to but also a professed enemy unto her majesty; having actually invaded Ireland, and
disclosed before the king had resolved to disanul the liberties and privileges unto his subjects of
designed the invasion of England. For it is to be noted, that the like offers, which were then
theirs, being countries for the site, wealth, com modity of traffic, affection to our nation, obedience of the subjects, well used, most convenient to have been annexed to the crown of England, and with all one charge, danger, and offence of Spain ; only took upon her the defence and protection of in those countries, during the wars, of the danger their liberties; which liberties and privileges are like to ensue, if he held so heavy a hand over that of that nature, as they may justly esteem them people ; lest they should cast themselves into the selves but conditional subjects to the King of arms of a stranger. But finding the king s mind Spain, more justly than Arragon and may make so exulcerated as he rejected all counsel that her majesty as justly esteem the ancient confede tended to mild and gracious proceeding, her racies and treaties with Burgundy to be of force majesty, nevertheless, gave not over her honour rather with the people and nation, than with the able resolution, which was, if it were possible, line of the duke ; because it was never an absolute to reduce and reconcile those countries unto the monarchy. So as, to sum up her majesty s pro obedience of their natural sovereign, the King of ceedings in this great action, they have but this, Spain; and if that might not be, yet to preserve that they have sought first, to restore them to them from alienating themselves to a foreign lord, Spain, then to keep them from strangers, and as, namely, unto the French, with whom they never to purchase them to herself. much treated; and amongst whom the enterprise But during all that time, the King of Spain of Flanders was ever propounded as a mean to kept one tenor in his proceedings towards hei unite thoir own civil dissensions, but patiently majesty, breaking forth more and more into in temporizing, expected the good effect which time juries and contempts: her subjects trading into might breed. And whensoever the states grew Spain have been many of them burned ; some cast into extremities of despair, and thereby ready to into the galleys ; others have died in prison, with:
Netherlands anciently belonging; and to establish amongst them a martial government, which the people, being very wealthy, and inhabiting towns very strong and defensible by fortifications both of nature and the hand, could not endure, there followed the defection and revolt of those countries. In which action, being the greatest of all those which have passed between the proceeding of her majesty Spain and England, hath been so just, and mingled with so many honourable regards, as nothing doth so much clear and acquit her majesty, not only from passion, but also from all dishonourable policy. For, first, at the beginning of the troubles, she did impart unto him faithful and sincere advice of the course that was to be taken for the quieting and appeasing them ; and expressly forewarned both himself and such as were in principal charge
the
made unto her majesty, had been made

:
to her
long before but as long as her majesty conceived any hope, either of making their peace, or enter taining her own with Spain, she would never hearken thereunto. And yet now, even at last, her majesty retained a singular and evident proof
to the world, of her justice and moderation, in that she refused the inheritance and sovereignty
of those goodly provinces; which, by the states, with much instance, was pressed upon her; and
being accepted, would have wrought greater con tentment and satisfaction, both to her people and
260
ticular conferences
this enterprise
out any other crimes committed, but upon quarrels
picked upon them for their religion here at home. Her merchants, at the sack of Antwerp, were divers of them spoiled and put to their ransoms,
were set down concerning between Cardinal Riario, the pope s
though they could not be charged with any par taking; neither, upon the complaint of Doctor Wilson and Sir Edward Horsey, could any redress chiefest of those that were taken prisoners at the be had. A general arrest was made by the Duke fort which act being an act of apparent hostility of Alva of Englishmen s both goods and persons, added unto all the injuries aforesaid, and accom upon pretence that certain ships, stayed in this panied with a continual receipt, comfort, and coun realm, laden with goods and money of certain tenance, by audiences, pensions, and employ merchants of Genoa, belonged to that king: which ments, which he gave to traitors and fugitives, money and goods was afterwards, to the uttermost both English and Irish as Westmoreland, Paget, value, restored and paid back; whereas our men Englefield, Baltinglass, and numbers of others; were far from receiving the like justice on their did sufficiently justify and warrant that pursuit
: ;
legate, and the king s deputy in Spain, touching the general, the number of men, the contribution of money, and the manner of the prosecuting of the action, and by the confession of some of the
side.
Dr. Man, her majesty s ambassador, re
ceived, during his legation, sundry indignities ; himself being removed out of Madrid, and lodged
in a village, as they are
of revenge, which, either in the spoil of Carthagena and San Domingo in the Indies, by Mr. Drake, or
in the undertaking the protection of the Low accustomed to use the Countries, when the Earl of Leicester was sent For before that time ambassadors of Moors his son and steward over, afterwards followed. forced to assist at a mass with tapers in their her majesty, though she stood upon her guard in besides sundry other contumelies and respect of the just cause of jealousy, which the hands; But the spoiling or damnifying of a sundry injuries of that king gave her; yet had reproaches. merchant, vexation of a common subject, dishonour entered into no offensive action against him. For of an ambassador, were rather but demonstrations both the voluntary forces which Don Antonio of ill disposition, than effects, if they be compared had collected in this realm, were by express com with actions of state, wherein he and his ministers mandment restrained, and offer was made of resti have sought the overthrow of this government. tution to the Spanish ambassador of such treasure As in the year 1569, when the rebellion in the as had been brought into this realm, upon proof north part of England brake forth ; who but the that it had been taken by wrong; and the Duke Duke of Alva, then the king s lieutenant in the of Anjou was, as much as could stand with Low Countries, and Don Guerres of Espes, then the near treaty of a marriage which then was his ambassador lieger here, were discovered to be very forward between her majesty and the said chief instruments and practisers; having complot- duke, diverted from the enterprise of Flanders. ted with the Duke of Norfolk at the same time, as But to conclude this point: when that, some was proved at the same duke s condemnation, that years after, the invasion and conquest of this land, an army of twenty thousand men should have land intended long before, but through many crosses ed at Harwich, in aid of that part, which the said and impediments, which the King of Spain found duke had made within the realm, and the said in his plots, deferred, was in the year 1586 It* duke having spent and employed one hundred tempted ; her majesty, not forgetting her own and fifty thousand crowns in that preparation. nature, was content at the same instant to treat Not contented thus to have consorted and as of a peace; not ignorantly, as a prince that knew sisted her majesty s rebels in England, he procured not in what forwardness his preparations were, a rebellion in Ireland arming and sending thither for she had discovered them long before, nor fear in the year 1579 an arch-rebel of that country, fully, as may appear by the articles whereupon James Fitz-Morrice, which before was fled. And, her majesty in that treaty stood, which were not
:
whole course of molestation, the demands of a prince afraid but only to spare which her majesty hath received in that realm by the shedding of Christian blood, and to show her
truly to speak, the
;
the rising and keeping on of the Irish, hath been
constant
rather
desire
to
make
her reign renowned,

:
nourished and fomented from Spain
wards most apparently, in the year 1580, he in vaded the same Ireland with Spanish forces, under an Italian colonel, by name San .Tosepho, being but the forerunners of a greater power which by treaty between him and the pope should have
:
which peace was on her part treated sincerely, but on his part, as it should seem, was but an abuse thinking thereby so that the to have taken us more unprovided Duke of Parma, not liking to be used as an instru ment in such a case, in regard of his particular followed, but that, by the speedy defeat of those honour, would sometimes in treating interlace, fonner, they were discouraged to pursue the that the king his master meant to make his peace action: which invasion was proved to be done by with his sword in his hand. Let it then be tried, the king s own orders, both by the letters of upon an indifferent view of the proceedings of who it is that fisheth in Secretary Escovedo and of Guerres to the king; England and Spain, and also by divers other letters, wherein the par troubled waters, and hath disturbed the peace of
;
but after
by peace than
victories
OBSERVATIONS OX A LIBEL.
Christendom, and hath written and described
Ins plots in blood.
all
261
lad no other excellency ; one that hath passed the degrees of honour with great travel and longtime.
t;ttr
Thru- follow tin- articles of a universal peace, which tin- libeller, as a commissioner tor the esof England, hatli propounded, and are these:
First, that the
which quenelieili always envy, except it be joint with extreme malice; then it appeareth mani<l
f.rccs,
as, of great
King of Spain should recall such compassion to the natural
be but a brick wall at tennis, to make the "estly lefamation and hatred rebound from the counsel
to
the wolfs malice was not to the shepherd, but to is dog. It is true, that these men have altered ami /ealand quietly to possess the places they hold, and to take unto them all the rest of the their tune twice or thrice : when the match was also ; conditionally, that the Eng n treating with the Duke of Anjou, they spake Low Countries lish may still keep the possession of such port honey as to her majesty; all the gall was uttered towns as they have, and have some half a dozen against the Earl of Leicester: but when they had
people of France, he hath sent thither to defend them against a relapsed Huguenot. Secondly, that he suffer his rebels of Holland
or upon the prince. And assuredly they be very simple to think to abuse the world with those shifts; since every child can tell the fable, that
more annexed unto them.

Thirdly, that the English rovers might peace ably go to his Indies, and there take away his
tieasure and his Indies also.
gotten heart
upon expectation of the invasion,
they changed style, and disclosed all the venom n the world immediately against her majesty:
what new hope hath made them return to their Sinon s note, in teaching Troy how to save itself, But in the mean time they do his I cannot tell. lordship much honour: for the more despitefully fane mockery of the peace which Christians they inveigh against his lordship, the more reason enjoy with God, by the atonement which is made hath her majesty to trust him, and the realm to by the blood of Christ, whereof the apostle saith honour him. It was wont to be a token of scarce But these his a good liegeman when the enemy spoiled the that it passeth all understanding.
these articles being accorded, he saith, might follow that peace which passeth all under standing, as he calleth it in a scurrile and pro
And
articles are sure mistaken,

:
and indeed corrected
country, and
fields
left
any particular men
houses or
are briefly these 1. That the King of France be not
unwasted.
impeached
VI. Certain true general notes upon the actions of the Lord Burleigh.
it is a strange fancy in he maketh his lordship to be the"primum mobile" in every action without distinction; that to him her majesty is account ant of her resolutions ; that to him the Earl of
in reducing his rebels to obedience. 2. That the Netherlands be suffered to enjoy their ancient liberties and privileges, and so forces
But above
all
the rest,
of strangers to be withdrawn, both English and
the
libeller that
Spanish.
3.
That
all
;
nations
may trade
into the East
and
yea, discover and occupy such parts as the Spaniard doth not actually possess, and are
West Indies
not under civil government, notwithstanding any donation of the pope.
men
Leicester and Mr. Secretary Walsingham, both of great power, and of great wit and under
:
whereas standing, were but as instruments well known, that as to her majesty, there
it is
was
V. Of the cunning of the
libeller, in palliation
of his malicious invectives against her ma jesty and the state, with pretence of taxing only the actions of the Lord Burleigh.
never a counsellor of his lordship s long con tinuance that was so appliable to her majesty s
princely resolutions; endeavouring always, after faithful propositions and remonstrances, and these
in the best to rest
cannot rightly call this point cunning in the but rather good will to be cunning, without skill indeed of judgment for finding that
I
libeller,
words, and the most grateful manner, upon such conclusions, as her majesty in her own wisdom determined), and them to execute
to the best
:
it
hath been the usual and ready practice of sedi
so far hath he been from contestation,
tious subjects to plant
and bend
their invectives
or
and clamours, not against the sovereigns them selves, but against some such as had grace with them and authority under them, he nut in ure his For this learning in a wrong and improper case. hath some appearance to cover undutiful invec
tives,
And
drawing her majesty into any his own courses. as for the forenamed counsellors and others,
with
whom
majesty s service,
his lordship had consorted in her it is rather true that his lord
ship, out of the greatness of his experience and wisdom, and out of the coldness of his nature,
when
it is
used against favourites or
new
upstarts, and sudden-risen counsellors; but when it shall be practised against one that hath been
hath qualified generally all hard and extreme courses, as far as the service of her majesty, and
the safety of the state, and the making himself compatible with those with whom he served, would permit: so far hath his lordship been from
full is
counsellor before her majesty s time, and hat! continued longer counsellor than any other coun
sellor in
great
if it
Europe; one that must needs have been inciting others, or running a were but by surviving alone, though he them in that kind. But yet it
I
course with
more strange
262
that this
man
any attainted of any treason, felony, or othrrwise that he never had, or sought any kind of benefit by any forfeiture to her majesty ; that he was nevei
as he that intended by bringing in men al his devotion; but was ever a true reporter unto her majesty of every man s deserts and abilities; that he never took the course to unquiet or oflimd,
should be so absurdly malicious, as he should charge his lordship, not only with all actions of state, but also with all the faults and
,
vices of the times; as, if curiosity and emulation have bred some controversies in the church ;
a factious
[
commender of men,
to besiege her,
any ways
I
though, thanks be to God, they extend but to out ward things ; as, if wealth, and the cunning of wits have brought forth multitudes of suits in law ; as, if excess in pleasures, and in magnifi cence, joined with the unfaithfulness of servants,
no, nor exasperate her majesty, but to content hei mind, and mitigate her displeasure ; that he ever
and the greediness of moneyed men, have decayed the patrimony of many noblemen, and others; that all these, and such like conditions of the time, should be put on his lordship s account;
bare himself reverently and without scandal in matters of religion, and without blemish in his
private course of
life.
Let men,
say, without
who
hath been, as far as to his place appertaineth,
a most religious and wise moderator in church matters to have unity kept; who with great jus celebrated as "pater patriae" in England, and tice hath despatched infinite causes in law that though he be libelled against by fugitives, yet he have orderly been brought before him and for is prayed for by a multitude of good subjects and, his own example, may say that which few men lastly, though lie be envied whilst he liveth, yet can say ; but was sometimes said by Cephalus, he shall be deeply wanted when he is gone. And the Athenian so much renowned in Plato s works ; assuredly many princes have had many servants who having lived near to the age of a hundred of trust, name, and sufficiency but where there years, and in continual affairs and business, was have been great parts, there hath often wanted wont to say of himself; That he never sued any, temper of affection; where there have been both neither had been sued by any who by reason ability and moderation, there have wanted dili
:
passionate malice, call to mind these things, and they will think it reason, that though he be not canonized for a saint in Rome, yet he is worthily
:"
of his office hath preserved many great houses from overthrow, by relieving sundry extremities towards such as in their minority have been cir
gence and love of travail
where
all
three have
been, there have sometimes wanted faith and sin cerity ; where some few have had all these four,
and towards all such as his lordship yet they have wanted time and experience; but might advise, did ever persuade sober and limited where there is a concurrence of all these, there is expense. Nay, to make proof farther of his con no marvel, though a prince of judgment be con tented manner of life, free from suits and covetous- stant in the employment and trust of such a ser ness as he never sued any man, so did he never vant.
cumvented
raise
any rent, or put out any tenant of his own nor ever gave consent to have the like done to any of the queen s tenants; matters singularly to be noted in this age.
:
VII.
Of
divers particular untruths and abuses
tificial
But, however, by this fellow, as in a false ar glass, which is able to make the best face
is
dispersed through the libel. The order which this man keepeth in his libel, such, as it may appear, that he meant but to
deformed, his lordship s doings being set forth ; yet let his proceedings, which be indeed his own,
be indifferently weighed and considered ; and let men call to mind, that his lordship was never a violent and transported man in matters of state, but ever respective and moderate ; that he was never man in his particular a breaker of necks ; no heavy enemy, but ever placable and mild ; that he was never a brewer of holy water in court; no dallier, no abuser, but ever real and certain that he was never a bearing man, nor carrier of causes, but ever gave way to justice and course of law ; that he was never a glorious wilful proud man, but ever civil and familiar, and
;
empty some note-book of the matters of England, to bring in, whatsoever came of it, a number of idle jests, which he thought might fly abroad and intended nothing less than to clear the mat
ters
he handled by the light of order and dis Having, therefore, in the principal points, namely, the second, third, and fourth articles, ranged his scattering and wandering dis course into some order, such as may help the
tinct writing.
judgment of the
reader, I
am now
content to
gather up some of his by-matters and straggling untruths, and very brieflv to censure them. Page 9, he saith, That his lordship could
neither, by the greatness of his beads, creeping to the cross, nor exterior show of devotion before the high altar, find his entrance into high dignity in
good
to deal withal
that in the course of his
service, he hath rather sustained the burden, than sought the fruition of honour or profit; scarcely
Queen Mary
s time.
All which is a mere fiction
sparing any time from his cares and travels to the sustentation of his health ; that he nevrr had, nor
for himself and his children, any pennyworth of lands or goods that appertained to
at pleasure; for Queen Mary bare that respect unto him, in regard of his constant standing for
sought
to
have
her title, as she desired to continue his service; the refusal thereof growing from his own part: he enjoyed nevertheless all other liberties and
OBSERVATIONS
favours of
the queen
in. ii to
\r,,
<>N
A MHKI,.
in, IIP Kaith.
a 03
tin-
time
s-ivc mi! v
it
tli it
it
was
to
put into
.iê
That
his lordship,
u )iin he
s
hi
head
th;it
was dangerous
because
lie
permit
a great
Voiu! the sea,
had
calleth thearch-politic, hath fraudulently provided. that when any |irii st is arraigned, the indictment
wit of action, and hid served

i
in so
principal a
place; which nevertheless alter, with Cardinal Pool, he was sntl red to do. "e-adeiii" he saith, Sir Nicholas Bacon,
I
many odious matt-Ts: wherein showeth great ignorance, if it he not malice ; for the law peniiittetli not the ancient forms ,f indictments to be altered ; like as, in an action
is
enforced with
lie
of exceedingly of trespass, although a man take away another s keeper, was a which showeth that tl. is fellow in his minds in the peaceablest manner in the world, yet slanders is no good marksman, hut throweth out the writ hath "quare vi et armis;" and if a man his words of defaming with mt all level. For all enter upon another s ground, and do no more, the the world noted Sir Nicholas Bacon to he a man plaintiff mentioneth herham suam, ibidem "quod
that
lord
was
mm
crafty wit;
and constant, without all finesse anddoubloness; and one that was of the mind that a man in his private proceeding! and estate, and in the proceedings of state, should rest upon the soundness and strength of his own courses, and not upon practice to circumvent others; according to the sentence of Solomon, Vir prudens advertit ad gressus suos, stultus autem divertit ad dolos
plain,
direct,
"
crescentem,
cum equis, bobus, porcis, et bidentibus, depastus sit, conculcavit et consunipsit." Neither is this any absurdity, for in the practice
all
of
law, the formularies have been few and
certain; and not varied according to every parti cular case. And in indictments also of treason,
is not so far fetched as in that of trespass; for the law ever presumeth in treason, an intention of subverting the state, and impeaching the
it
:"
insomuch that the Bishop of Ross, a subtle and observing man, said of him, that he could fasten no words upon him, and that it was impossible to come within him, because he offered no play and
:
the queen-mother of France, a very politic prin cess, said of him, that he should have been of the
majesty royal. Page 45, and in other places, speaking of the persecuting of the Catholics, he still mentioneth bowellings and consuming men s entrails by fire;
as if this were a torture newly devised wherein he doth cautelotisly and maliciously suppress, that
:
council of Spain, because he despised the occurso that if he rents, and rested upon the first plot
:
the law and custom of this land .from
all
antiquity
were
crafty,
10,
it is
hard to say
who
is
wise.
he saith, That the Lord Burleigh, in the establishment of religion, in the beginning of the queen s time, prescribed a composition of his own invention ; whereas the same form, not fully six years before, had been received in this realm in King Edward s time so as his lordship being a Christian politic counsellor, thought it better to
Page
hath ordained, that punishment in case of treason, and permitteth no other. And a punishment
surely it is, though of great terror, yet by reason of the quick despatching, of less torment far than either the wheel or forcipation, yea, than simple
burning.
follow a precedent, than to innovate ; and chose the precedent rather at home than abroad. Page 41, he saith, That Catholics never at
Page 48, he saith, England is confederate with the great Turk wherein, if he mean it because the merchants havo an agent in Constantinople,
:
how
will he
answer
for all the
kings of France,
tempted to murder any principal person of her majesty s court, as did Burchew, whom he calleth a puritan, in wounding of a gentleman instead of
Sir Christopher Hatton; but
since Francis the First, which were good Catho lics * For the emperor ? For the King of Spain
himself?
states,
that
For the senate of Venice, and other have had long time ambassadors
If he mean it because the Turk hath done some special honour to our modesty, and patience, do a far different spirit from the other sort. For ambassador, if he be so to be termed, we are Burchew, it is certain he was mad ; as appeareth beholden to the King of Spain for that: for that not only by his mad mistaking, but by the vio the honour, we have won upon him hy opposition, lence that he offered afterwards to his keeper, and hath given us reputation through the world if most evidently by his behaviour at his execution: he mean it because the Turk seemeth to affect us but of Catholics, I mean the traitorous sort of for the abolishing of images; let him consider them, a man may say as Cato said sometimes of then what a scandal the matter of imaqfps hath Caesar, "eum ad evertendam rempublicam so- been in the church, as having been one ot the brium accessisse they came sober and well principal branches whereby Mahometism entered. advised to their treasons and conspiracies ; and Page 65, he saith, Cardinal Allen was of lato
by their great virtue, manifest in themselves
liegers in that court]
:"
commonly they look

lors,
not so low as the counsel but have bent their murderous attempts im her majesty s sacred person, mediately against
!
which God have
in his precious custody as may appear by the conspiracy of Somiwrville, Parry, Savage, the six, and others; nay, they have de-
very near to have been elected pope. Whereby he would put the Catholics here in some hope, that once within five or six years, f r popo commonly sitteth no longer, he may obtain that
:\
which he missed narrowly.

abuse, for
j
This
is
direct
it
is certain in ail
the conclave^ sinco

his hat. he -vas
fended
it
"in
thesi,"
to
be a lawful act.
Sixtus Quintus,
who gave him
264
never in possibility; nay, the King of Spain, that council, who hath neither wit nor experience; hath patronised the church of Rome so long, a which speech is as notorious an untruth, as is in all he is become a right patron of it, in that he seek- the libel for it is confessed by all men that know eth to present to that see whom he liketli, yet the gentleman, that he hath one of the rarest and
:
never durst strain his credit to so desperate a no, he point as once to make a canvass for him never nominated him in his inclusive narration.
:
most excellent wits of England, with a singular delivery and application of the same; whether it be to use a continued speech, or to negotiate, or
couch in writing, or to make report, or discreetly to consider of the circumstances, and aptly to
to
And those that know any thing of the respects know that he is not papable first, because he is an ultramontane, of which sort there hath been none these fifty years. Next, because he is a cardinal of alms of Spain, and wholly at the devotion of that king. Thirdly, because he is like to employ the treasure and favours of the popedom upon the enterprizes of England, and the relief and advancement of English fugitives, his necessitous countrymen. So as he presumed
of conclaves,
:
draw things to a point; and all this joined with a very good nature and a great respect to all men, as is daily more and more revealed. And for his
it is easy to think that his training and helps hath made it already such, as many, that have served long prentishood for it, have not
experience,
attained the like:
so as if that be true,
"qui
much upon
point, as in Page 55,
the simplicity of the reader in this
beneficium digno dat, ornnes obligat," not his father only but the state is bound unto her majesty,
for the choice and employment of so sufficient many more. and again p. 70, he saith, His lord and worthy a gentleman. There be many other follies and absurdities in ship, meaning the Lord Burleigh, intendeth to match his grandchild, Mr. William Cecil, with the book ; which, if an eloquent scholar had it in the Lady Arabella. Which being a mere imagi hand, he would take advantage thereof, and justly
and contemptible to the world but I pass them over, and even this which hath been said hath been vouchsafed to the value and worth of the tural man, but loving towards his children, for matter, and not the worth of the writer, who charitas reipublicae incipit a familia," hath been hath handled a theme above his compass. glad to match them into honourable and good blood and yet not so, but that a private gentle VIII. Of the height of impudency that these man of Northamptonshire, that lived altogether men are grown unto in publishing and in the country, was able to bestow his daughters avouching untruths, with a particular recital than his lordship hath done. But yet it of some of them for an assay. higher is not seen by that his lordship These men are grown to a singular spirit and any thing past, ever thought, or affected to match his children in faculty in lying and abusingthe world such as, it the blood royal. His lordship s wisdom, which seemeth, although they are to purchase a particular hath been so long of gathering, teacheth him to dispensation for all other sins, yet they have a dis leave to his posterity, rather surety than danger. pensation dormant to lie for the Catholic cause; And I marvel where be the combinations which which moveth me to give the reader a taste of have been with great men; and the popular and their untruths, such as are written, and are not plausible courses, which ever accompany such merely gross and palpable; desiring him out of designs as the libeller speaketh of: and therefore their own writings, when any shall fall into his this match is but like unto that which the same hands, to increase the roll at least in his own fellow concluded between the same Lady Arabella memory. and the Earl of Leicester s son, when he was but We retain in our calendars no other holydays a twelvemonth old. but such as have their memorials in the Scrip Page 70, he saith, He laboureth incessantly tures ; and therefore in the honour of the blessed with the queen, to make his eldest son deputy of Virgin, we only receive the feast of the annuncia Ireland; as if that were such a catch, considering tion and the purification; omitting the other of all the deputies since her majesty s time, except the conception and the nativity ; which nativity tne Earl of Sussex and the Lord Grey, have been was used to be celebrated upon the eighth of Sep persons of meaner degree than Sir Thomas Cecil tember, the vigil whereof happened to be the na which though we keep not is; and the most that is gotten by that place, is tivity of our queen but the saving and putting up of a man s own holy, yet we use therein certain civil customs of revenues, during those years that heserveth there; joy and gratulation, as ringing of bells, bonfires, and this, perhaps, to be saved with some displea and such like: and likewise make a memorial of
:
nation, without any circumstance at all to induce it, more than that they are both unmarried, and
make
the author not only odious, but ridiculous
that their years agree well, needeth no answer. It is true that his lordship, being no stoical unna
"
sure, at his return.
the
Page
liis
hath brought in second son, Sir Robert Cecil, to be of the

"
eadem"
he
saith,
He
same day in our calendar: whereupon they have published, that we have expunged the nati vity of the blessed Virgin, and put instead there-
onsKKVATIONS ON A LIBEL.
of the nativity of our queen: and, farther, Unit we 8iii _r certain liyinns unto her, used to be sung unto
285
pion of the heretics in his very last words cried he was confounded.
In the act of recognition
UK; right of the
our Lady.
happened that, upon some bloodshed in the church of Paul s, according to the canon ];i\\ yet with us in force, the said church was inter dicted, and so the gates shut up for some few days whereupon they published, that, because the same church is a place where people use to meet to walk and confer, the queen s majesty, after the manner of the ancient tyrants, had for bidden all assemblies and meetings of people to gether, and for that reason, upon extreme jealousy, did cause Paul s gates to be shut up.
It
, ;
crown
is
of"primo," whereby acknowledged by parlia
ment
to
be in her majesty, the like whereof was

"
used in Queen Mary s time, the words of limita tion are, in the queen s majesty, and the natu ral heirs of her body, and her lawful successors."
The gate of London called Ludgate, being in decay, was pulled down, and built anew; and on the one side was set up the image of King
his two sons who, according to the name, was thought to be the first founder of that gate; and on the other side, the image of her ma jesty, in whose time it was re-edified; where
Lud and
Upon which word, natural, they do maliciously, and indeed villanously gloss, that it was the in tention of the parliament, in a oloud to convey the crown to any issue of her majesty s that were il legitimate ; whereas the word heir doth with us so necessarily and pregnantly import lawfulness, as it had been indecorum, and uncivil speaking of the issues of a prince, to have expressed it. a book with They set forth in the year tables and pictures of the persecutions against wherein they have, not only stories of Catholics,
years old to supply their pages, but also taken the persecutions of the primitive church, under the heathen, and translated them to the practice
fifty
all
upon thoy published that her majesty, after all the images of the saints were long beaten down, of England as that of worrying priests under the had now at last set up her own image upon the skins of bears, by dogs, and the like. and that I conclude, then, that I know not what to make principal gate of London, to be adored all men were forced to do reverence to it as of this excess in avouching untruths, save this, and a watch there placed for that that they may truly chant in their quires; they passed by,
; ;
purpose. Mr. Jewel, the Bishop of Salisbury, who accord ing to his life died most godly and patiently, at
the point of death used the versicle of the hymn, "Te Deum, Lord, in thee have I trusted, let me
nostram magnificabimus, labia nostra and that they who have long ago forsaken the truth of God, which is the touch stone, must now hold by the whetstone ; and that their ancient pillar of lying wonders being de
"Linguam
nobis sunt
:"
never be confounded
;"
whereupon, suppressing cayed, they must now hold by lying slanders, and
the rest, they published, that the principal
cham
make
their libels successors to their legend.
VOL.
II.
34
SPEECHES.
A SPEECH
MADE BY
SIR

CHOSEN BY THE COMMONS TO PRESENT
A PETITION TOUCHING PURVEYORS.

DELIVERED TO HIS MAJESTY IN THE WITHDRAWING-CHAMBER AT WHITEHALL,
IN
THE PARLIAMENT HELD FRIMO ET 8ECUNDO JACOBI, THE FIRST SESSION.
IT is well known to your majesty, excellent king, that the Emperors of Rome, for their better glory and ornament, did use in their titles the
additions of the countries and nations where they had obtained victories ; as Germanicus, BritanBut after all those names, nicus," and the like.
"
Francis Goodwin, and that of the union ; whereby, it seemeth unto us, the one of these being so subtle a question of law ; and the other so high a cause
of estate, that, as the Scripture saith of the wisest king, "that his heart was as the sands of the
sea;"
which, though
it
it
as in the higher place, followed the name of pater as the greatest name of all human honour, patriae,"
"
vastest bodies, yet
be one of the largest and consisteth of the smallest
immediately preceding that name of Augustus; whereby they took themselves to express some affinity that they had, in respect of their office, with divine honour. Your majesty might, with
"
good reason, assume to yourself many of those other names ; as Germanicus, Saxonicus, Britan- cannot but with great thankfulness profess, that nicus, Francicus, Danicus,Gothicus," and others, your majesty, within the circle of one year of your infra orbem anni vertentis," hath endea as appertaining to you not by bloodshed, as they reign, bare them, but by blood ; your majesty s royal voured to unite your church, which was divided ; person being a noble confluence of streams and to supply your nobility, which was diminished ; veins, wherein the royal blood of many kingdoms and to ease your people in cases where they were But no name is burdened and oppressed. of Europe are met and united. In the last of these your high merits, that is, more worthy of you, nor may more truly be ascribed unto you, than that name of father of the ease and comfort of your people, doth fall out which you bear and express not in to be comprehended the message which I now your people,
"
motes and portions ; so, I say, it appearcth unto us in these two examples, that God hath given your majesty a rare sufficiency, both to compass and fathom the greatest matters, and to discern the least. And for matter of praise and commenda tion, which chiefly belongeth to goodness, we
the formality of your stylt but in the real course of your government. ought not to say unto you, as was said to Julius Caesar, Quae miremur, that we habemus; quae laudemus, expectamus
We
to
"
bring unto your majesty, concerning the great grievance arising by the manifold abuses of pur veyors, differing in some degree from most of the
things wherein we deal and consult; for it is true, that the knights, citizens, and burgesses, in parlia
:"
have already wherefore

;
admire you, and that

for
commend ment assembled, are a representative body of your now we expect somewhat you for we may, without suspicion of flattery, Commons and third estate and in many matters, acknowledge, that we have found in your majesty although we apply ourselves to perform the trust great cause both of admiration and commendation. of those that chose us, yet it may be, we do speak For great is the admiration, wherewith you have much out of our own senses and discourses. But
which
to
;
possessed us since this parliament began, in those
in this grievance, being of that nature
whereunto
two causes wherein we have had access unto yon,

and heard you* voice
;
that of the return of Sir
the poor people is most exposed, and men of quality less, we shall most humbly desire your
266
A SPEECH TOUCHING PURVEYORS.

majesty to conceive, that your majesty doth not lic.tr our opinions or senses, but the very groans and complaints themselves of your Commons more truly and vivcly, than by representation. For there is no grievance in your kingdom so
<rriiiT.il,
267
for instead of takers, they become taxer ; instead of taking provision for your majt-My s service, they tax your people "ad redimendam
name;
unto the
so continual, so sensible, and so bitter common subject, as this whereof we now
imposing upon them, and extorting from them, divers sums of money, sometimes in gross, sometimes in the nature of stipends annu ally paid, "ne noceant," to be freed and eased
vexationem:"
speak; wherein it vouchsafe me leave,

dutiful
may
first, to
please your majesty to set forth unto you the
of their oppression.
Again, they take
trees,
and respective carriage of our proceeding; next, the substance of our petition ; and, thirdly,
which by law they cannot do; timber trees, which are the beauty, countenance, and shelter
some reasons and motives which

ness
in all
humble
we do
offer to
your majesty
s royal
considera
commiseration ; we assuring ourselves that never king reigned that had better notions of head, and motions of heart, for the good and comfort of
tion or
Ins loving subjects. For the first in the course of
:
remedy which
we
desire,
we
pretend not, nor intend not, in any
derogate from your majesty s prerogative, nor to touch, diminish, or question any of your majesty s regalities or rights. For we seek no thing liut the reformation of abuses, and the
sort, to
men have long spared purse and profit; that men esteem, and delight, above ten times the value; that are a loss which men cannot repair These do they take, to the defacing or recover. and spoiling of your subjects mansions and dwell ings, except they may be compounded with to And if a gentleman be UA their own appetites. hard for them while he is at home, they will watch their time when there is but a bailiff or a servant remaining, and put the axe to the root of the tree, ere ever the master can stop it. Again, they use a strange and most unjust exaction, in
of
s
men
houses; that
from their
own
for their use
we are born. causing the subjects to pay poundage of their own And although it be no strange thing in parliament debts, due from your majesty unto them so as a for new abuses to crave new remedies, yet, never poor man, when he hath had his hay, or his wood, theless, in these abuses, which, if not in nature, or his poultry, which perchance he was full loath
execution of former laws whereunto
;
yet in extremity and height of them, are most of them new, we content ourselves with the old
laws
desire a confirmation and quicken ; only ing of them in their execution; so far are we from any humour of innovation or encroachment. after the rate of twelve pence in the pound abated As to the court of the green-cloth, ordained for for poundage of his due payment, upon so hard
we
and had for the provision of his own family, and not to put to sale, taken from him, and that not at a just price, but under the value, and cometh to receive his money, he shall have
to part with,
the provision of your majesty s most honourable conditions. Nay, farther, they are grown to that household, we hold it ancient, we hold it reverend. extremity, as is affirmed, though it be scarce cre Other courts respect your politic person, but that dible, save that in such persons all things are But yet, notwith credible, that they will take double poundage, respects your natural person. standing, most excellent king, to use that freedom once when the debenture is made, and again the
For the second point, most gracious sovereign, touching the quantity which they take, far abovo similitude used by one of the fathers* in another that which is answered to your majesty s use: matter, and not unfitly representing our case in they are the only multipliers in the world ; they this point: and it is of the leaves and roots of have the art of For it is affirmed multiplication. nettles; the leaves are venomous and stinging unto me by divers gentlemen of good report, and where they touch ; the root is not so, but is with experience in these causes, as a matter which I out venom or malignity ; and yet it is that root may safely avouch before your majesty, to whom that bears and supports all the leaves. This needs we owe all truth, as well of information as sub no farther application. jection, that there is no pound profit which reTo come now to the substance of our petition. doundeth to your majesty in this course, but It is no other, than by the benefit of your majes induceth and begetteth three pound damage upon ty s laws to be relieved of the abuses of purvey your subjects, besides the discontentment. And ors; which abuses do naturally divide themselves to the end they may make their spoil more se
into three sorts
which to subjects that pour out their griefs before so gracious a king, is allowable, we may very well allege unto your majesty a comparison or
second time
when
the
money
is
paid.
the first, they take in kind that ; they ought not to take; the second, they t.ike in a far greater proportion than cometh to quantity your majesty s use; the third, they take in an unlawful manner; in a manner, I say, directly and expressly prohibited by divers laws.
curely,
what do they
Whereas
divers statutes
do
provide, that whatsoever they take, shall be registered and attested, to the end that,
strictly
by making a
collation of that
which
is
taken from
For the
first
of these,
am
little to alter their
the country, and that which is answered above, their deceits might appear; they, to the end to obscure their deceits, utterly omit the observation
* St. Augustine.
of this, which the law prescribeth.
268
A SPEECH TOUCHING PURVEYORS.

great enormities any aggravating, neither needelh so great grace, as useth of itself to flow from
therefore to descend, if it may please your majesty, to the third sort of abuse, which is of
And
the unlawful
manner of
;
their
taking, whereof
your majesty
this omission is a branch
and it is so manifold, as it rather asketh an enumeration of some of the For their particulars, than a prosecution of all. price: by law they ought to take as they can the subject; by abuse they take an agree with imposed and enforced price: by law they ought
to
;
s princely goodness, any artificial persuading. There be two things only which I think good to set before your majesty; the one the example of your most noble progenitors, kin^s
of this realm, who, from the first king that en dowed this kingdom with the great charters of
their liberties, until the last, all save one,
who, as
make but one appraisement by neighbours in he was singular in many excellent things, so I the country by abuse they make a second ap would he had not been alone in this, have ordain praisement at the court-gate ; and when the sub ed, every one of them in their several reigns, ject s cattle come up many miles lean, and out some laws or law against this kind of offenders ;
and especially the example of one of them, that king who, for his greatness, wisdom, glory, and between sun and sun; by union of several kingdoms, resembleth your mathey ought abuse they take by twilight, and in the night jesty most, both in virtue and fortune, King Ed time, a time well chosen for malefactors by law ward III., who, in his time only, made ten several they ought not to take in the highways, a place laws against this mischief. The second is the by your majesty s high prerogative protected, and example of God himself; who hath said and pro by statute by special words excepted; by abuse nounced, "That he will not hold him guiltless For all these they take in the ways, in contempt of your ma that taketh his name in vain." jesty s prerogative and laws by law they ought great misdemeanors are committed in and under to show their commission, and the form of com your majesty s name and therefore we hope your mission is by law set down the commissions majesty will hold them twice guilty that commit they hring down, are against the law, and be these offences; once for the oppressing of the cause they know so much, they will not show people, and once more for doing it under the them. A number of other particulars there are, colour and abuse of your majesty s most dreaded whereof as I have given your majesty a taste, so and beloved name. So then I will conclude with the chief of them upon deliberate advice are set the saying of Pindarus, "Optima res aqua;" not down in writing by the labour of some commit for the excellency, but for the common use of it; tees, and approbation of the whole House, more and so, contrariwise, the matter of abuse of pur particularly and lively than I can express them, veyance, if it be not the most heinous abuse, yet myself having them at the second hand by reason certainly it is the most common and general abuse But this writing is a col of all others in this kingdom. of my abode above.
of plight, by reason of their great travel, then they prize them anew at an abated price : by law
to take
:
:
lection of theirs
who dwell amongst
the abuses
It resteth, that,
according to the
all
command
laid
of these offenders, and the complaints of the peo ple ; and therefore must needs have a more per fect understanding of all the circumstances of
upon me,
do in
humbleness present
this
writing to your majesty s royal hands, with most humble petition on the hehalf of the Commons,
that as your majesty hath been pleased to vouch safe your gracious audience to hear me speak, so
them. It remaineth only that I use a few words, the rather to move your majesty in this cause a few words, I say, a very few ; for neither need so
:
you would be pleased
to enlarge your patience to hear this writing read, which is more material.
SPEECH
i
DELIYERED IT THE KINO
ATTORNEY,
SIR
WHEN THE HOUSE WAS
IN
FRANCIS BACON,
IN
THE LOWER HOUSE,

IlEAT,
GREAT
AND MUCH TROUBLED ABOUT THE UNDERTAKER!
WHICH WERE THOUGHT TO BE SOME ABLE AND FORWARD GENTLEMEN; WHO, TO INGRATIATE THEMSELVES WITH THE KING, WERE SAID TO HAVE UNDERTAKEN, THAT THE KINO S BUSINESS SHOULD PASS IN THAT HOUSE AS HIS MAJESTY COULD WISH.
[IN
THE PARLIAMENT 12JACOBI.]
MR. SPEAKER,
I
commands
the
hitherto silent in this matter of
I perceive, the
HAVE been
the hearts, and the other commands heads; and others I know none. I think jEsop was a wise man that described the nature
fly, that sat upon the spoke of the chariot wheel, and said to herself, "What a dust do I raise!" So, for my part, I think that all thia dust is raised by light rumours and buzzes, and
undertaking, wherein, as
House
is
of the
much enwrapped.
First, because, to be plain with you, I did not well understand what it meant, or what it was ;
and
do not love to
offer at that that I
do not
made me silent was. because this suspicion and rumour of undertaking, settles upon no person certain. It is like the It is a thing so giddy, and so vast, as cannot birds of Paradise that they have in the Indies, enter into the brain of a sober man and, especi that have no feet; and, therefore, they never light ally, in a new parliament ; when it was impossible upon any place, but the wind carries them away to know who should be of the parliament: and and such a thing do I take this rumour to be. when all men, that know never so little the con And, lastly, when that the king had, in his two stitution of this House, do know it to be so open several speeches, freed us from the main of our to reason, as men do not know when they enter fears, in affirming directly, that there was no into these doors what mind themselves will be of, undertaking to him ; and that he would have until they hear things argued and debated. Much taken it to be no less derogation to his own less can any man make a policy of assurance, majesty than to our merits, to have the acts of
thoroughly conceive. That private men should undertake for the Commons of England ! why, a man might as well undertake for the four elements.
:
:
not upon any solid ground. The second reason that
safe home into the harbour his people transferred to particular persons; that had heard of undertakings in did quiet me thus far, that these vapours were several kinds. There were undertakers for the not gone up to the head, howsoever they might plantations of Derry and Colerane, in Ireland, the glow and estuate in the body. command and bridle those parts. There better to Nevertheless, since I perceive that this cloud were, not long ago, some undertakers for the still hangs over the House, and that it may do north-west passage: and now there are some hurt, as well in fame abroad as in the king s ear, undertakers for the project of dyed and dressed I resolved with myself to do the part of an honest
what ship
shall
come
I
in these seas.
cloths
and, in short, every novelty useth to be strengthened and made good by a kind of under taking; but for the ancient parliament of England,
j
voice in this House, to counsel you
what
think to
be for the best.
which moves
in a certain
manner and sphere,
to
what
must
be undertaken, it passes my reach to conceive Must we be all dyed and be. it should Or dressed, and no pure whites amongst us 7
there be a
Wherein, first, I will speak plainly of the pernicious effects of the accident of this bruit and opinion of undertaking, towards particulars,
towards the House, towards the king, and towards
the people.
new passage found
for the
king
Secondly,
will
tell
you, in mine opinion,
business, by a point of the compass that was never sailed by before 1 Or must there be some
forts built in this
what undertaking
is tolerable,
and how
far
it
may
contain the rest!
House, that may command and Mr. Speaker, I know but two forts in this House which the king ever hath ; the fort of affection, and the fort of reason the one cious and dangerous.
:
be justified with a good mind; and, on the other side, this same ripping up of the question of undertakers, how far it may proceed from a good mind, and in what kind it may be thought mali
/.-,>
269
270
Thirdly,
A SPEECH ABOUT UNDERTAKERS.

my
I will give you poor advice, what there are to put an end to this question of undertaking; not falling, for the present, upon a
means
selves betrayed by those that are their deputies and attorneys here, it is true we may bind them and conclude them, but it will be with such precise opinion, but breaking it, how many ways murmur and insatisfaction as I would be loath to there be by which you may get out of it, and e. These things might be dissembled, and so leaving the choice of them to a debate at the committee. things left to bleed inwards ; but that is not the And, therefore, I havo And, lastly, I will advise you how things are way to cure them. to be handled at the committee, to avoid distrac searched the sore, in hope that you will endeavour tion and loss of time. the medicine. But ^this to do more thoroughly, I must pro For the first of these, I can say to you but as "Si invicem mordetis, ab ceed to my second part, to tell you clearly and the Scripture saith, if ye fret and gall one distinctly, what is to be set on the right hand, and invicem consumemini another s reputation, the end will be, that every what on the left, in this business. man shall go hence, like coin cried down, of less First, if any man hath done good offices to If some shall be advise the king to call a parliament, and to in price than he came hither. thought to fawn upon the king s business openly, crease the good affection and confidence of his and others to cross it secretly, some shall be majesty towards his people; I say, that such a thought practisers that would pluck the cards, person doth rather merit well, than commit any and others shall be thought Papists that would error. Nay, further, if any man hath, out of his shuffle the cards; what a misery is this, that we own good mind, given an opinion touching the should come together to fool one another, instead minds of the parliament in general ; how it ia of procuring the public good. probable they are like to be found, and that they And this ends not in particulars, but will make will have a due feeling of the king s wants, and the whole House contemptible: for now I hear will not deal dryly or illiberally with him; this
;"
say, that this question of undertaking is the man, that doth but think of other men s minds, predominant matter of this House. So that we as he finds his own, is not to be blamed. Nay, are now, according to the parable of Jotham, in further, if any man hath coupled this with good the case of the trees of the forest, that when wishes and propositions, that the king do comfort question was, Whether the vine should reign the hearts of his people, and testify his own love over them? that might not be: and whether the to them, by filing off the harshness of his prero olive should reign over them ? that might not be gative, retaining the substance and strength ; and but we have accepted the bramble to reign over to that purpose, like the good householder in the us. For, it seems, that the good vine of the Scripture, that brought forth old store and new, king s graces, that is not so much in esteem ; and hath revolved the petitions and propositions of the good oil, whereby we should salve and relieve the last parliament, and added new; I say, this the wants of the estate and crown, that is laid man hath sown good seed ; and he that shall Thus aside too: and this bramble of contention and draw him into envy for it, sows tares. emulation ; this Abimelech, which, as was truly much of the right hand. But, on the other side, said by an understanding gentleman, is a bastard, if any shall mediately or immediately infuse films into his majesty, or to others, that the parliament for every fame that wants a head, is this must reign and rule amongst us. is, as Cato said of the Romans, "like sheep, that populi," Then for the king, nothing can be more oppo a man were better drive a flock of them than one than of them and, however, they may be wise men site, "ex diametro," to his ends and hopes,
men
"
:"
for you have heard him profess like a king, severally, yet, in this assembly, they are guided and like a gracious king, that he doth not so much by some few, which, if they be made and assured,
this
respect his present supply, as this demonstration that the people s hearts are more knit to him than
before.
the rest will easily follow this is a plain robbery \ of the king of honour, and his subjects of thanks, \
:
Now, then, if the issue shall be this, that whatsoever shall be done for him shall be thought to be done but by a number of persons that shall be laboured and packed ; this will rather be a sign of diffidence and alienation, than of a natural benevolence and affection in his people at home ; and rather matter of disreputation, than of honour
abroad.
is to make the parliament vile and servile eyes of their sovereign; and I count it noy better than a supplanting of the king and king-
and
it
.W
$
in the
dom.
us
Again,
if
man
shall
make
this
it shall be enough for the king to send some things of show, that may serve for colours, and let some eloquent tales be told of
impres-^
sion, that
king were better
ad faciendum popuspeak plainly to you, the them, and that will serve new pair of cards, than lum;" any such person will find that this House can well skill of false lights, and that it is no play upon these if they be packed. And then, for the people, it is my manner ever wooing tokens, but the true love already planted
So
that, to
"
call for a
to look as well
parliament
and
beyond a parliament, as upon a in the breast of the subjects, do for the king. And this is if they abroad shall think them
that will
make them
,
^
\
my
opinion touchii,
A SPEECH ABOUT UNDERTAKERS.

those that
271
far they will
may
li;vo
pemiaded a parliament.
1
Take
t.>
it
on the other side, for

plainly,
if
im-.m, in
all
things,
ingenuously confess, how deny, and what we can

their confession,
their denial
j
politicly
ileal
any man
hath been diffident
t.piii
hinir the call
doubt that we shall grow weary of it. For a message to the king, it is the course I iiis utmost trial to subsist of himself, and his own in anI say, an honest and faithful heart might like best, so it be carefully and considerately consent to that opinion, and the event, it seems, handled for if we shall represent to the king the doth no* greatly discredit it hitherto. Again, if nature of this body as it is, without the veils or any man shall have been of opinion, that it is not shadows that have been cast upon it, I think we a particular party that can bind the House; nor shall do him honour, and ourselves right. For any thing that is to be done amongst our that it is not shows or colours can please the House; I say, that man, though his speech tend selves, I do not see much gained by it, because it to discouragement, yet it is coupled with provi goes no farther than ourselves ; yet if any thing dence. But, by your leave, if any man, since the can be wisely conceived to that end, I shall not parliament was called, or when it was in speech, be against it; but I think the purpose of it is
the best
means were,
of a parliaint nt, thinking that first, for the king to make
it
make and gather upon and how we shall prove ajriiu^t is an endless piece of work, and
shall have laid plots to cross the
good will of the
fittest to be,
all this
rather that the
House conceives
that
parliament to the king, by possessing them that a few shall have the thanks, and that they are, as it were, bought and sold, and betrayed ; and that
but a misunderstanding, than to take knowledge that there is indeed a just ground, and
is
then to
them, are but baits prepared by particular persons; or have raised rumours that it is a packed parliament; to the end nothing may be done, but that the parlia ment may be dissolved, as gamesters used to call
that
offers
which the king
to give it a For protestations, and professions, and apologies, I never found them very fortunate but
seek, by a protestation,
remedy.
they rather increase suspicion than clear it. Why, then, the last part is, that these things
be handled at the committee seriously and tem

perately ; wherein I wish that these four degrees of questions were handled in order.
shall do any thing at by it, and let it sleep 1 Secondly, Whether we shall enter into a
First,
cards, when they mistrust a pack : I say, these are engines and devices naught, malign, and
for
new
seditious.
Whether we
all in
Now
for the
I
remedy
I shall rather
break the
it,
or pass
matter, as
positively.
cular examination of it ? Thirdly, Whether we shall content ourselves sage of declaration to the king; some entry or protestation amongst ourselves; or some strict with some entry or protestation among ourselves 1 and punctual examination. As for the last of And, fourthly, Whether we shall proceed to a these, I assure you I am not against it, if I could message to the king ; and what ?
I
tell
said in the beginning, than advise know but three ways. Some mes
parti
where
to
begin, or where to end.
For cer
tainly I have often seen it, that things when they are in smother trouble more than when they break
out.
Thus I have told you my opinion. I know it had been more safe and politic to have been silent; but it is perhaps more honest and loving
to speak.
Smoke
blinds the eyes, but
when
it
blazeth
The
"
old verse is
"
Nam
nulli tacuisse
But nocet, nocet esse locutum." But, by your leave, must David saith, Silui a bonis, et dolor meus renohe charged, some matter must be charged ; and vatus When a man speaketh, he may be the manner of that matter must be likewise wounded by others but if he hold his peace So I have for it may be in a good fashion, and it from good things, he wounds himself. charged done my part, and leave it to you to do that which may be in a bad, in as much difference as between
forth into flame it gives light to the eyes. then if you fall to examination, some person
est."
; ;
black and
white
and then how
far
men
will
you
shall
judge
to
be the best.
A SPEECH
TO THE KING BY HIS MAJESTY
THEIR GRIEVANCES.
IN
S SOLICITOR,
BEING CHOSEN BY THE COMMONS AS THEIR MOUTH AND MESSENGER, FOR THE PRESENTING TO HIS MAJESTY THE INSTRUMENT OR WRITING OF
THE PARLIAMENT
7 JACOBI.
MOST GRACIOUS SOVEREIGN,

citizens, and burgesses assembled in parliament, in the house of your Commons, in
THE knights,
Only this, excellent sovereign, let not the sound of grievances, though it be sad, seem harsh to it is but your princely ears gemitus colum:
"
humbleness do exhibit and present unto your most sacred majesty, in their own words, though by my hand, their petitions and grievances. They are here conceived and set down in writing, ac cording to ancient custom of parliament they are also prefaced according to the manner and
all
:
mourning of a dove with that patience and humility of heart which appertained to lov
bae,"
the
ing and loyal subjects. And far be it from us, but that in the midst of the sense of our griev
taste of these later times.
Therefore, for
me
to
make any
ranted nor convenient

to scatter
additional preface, were neither war ; especially speaking before
whose judgment ought and chase away all unnecessary speech, It resteth, that unto these petitions here inas the sun doth a vapour. This only I must say ; eluded I do add one more that goeth to them all since this session of parliament we have seen which is, that if in the words and frame of them your glory in the solemnity of the creation of this there be any thing offensive ; or that we have ex most noble prince; we have heard your wisdom pressed ourselves otherwise than we should or in sundry excellent speeches which you have would ; that your majesty would cover it and cast delivered amongst us; now we hope to find and the veil of your grace upon it ; and accept of our feel the effects of your goodness, in your gracious good intentions, and help them by your benign For this, we are interpretation. answer to these our petitions. Lastly, I am most humbly to crave a particular persuaded, that the attribute which was given by one of the wisest writers to two of the best em pardon for myself, that have used these few perors, "Divus Nerva et divus Trajanus," so words; and scarcely should have been able to saith Tacitus, "res olim insociabiles miscuerunt, have used any at all, in respect of the reverence may be truly applied which I bear to your person and judgment, had I imperium et libertatem not been somewhat relieved and comforted by the to your majesty. For never was there such a con servator of regality in a crown, nor ever such a experience which, in my service and access, 1 have had of your continual grace and favour. protector of lawful freedom in a subject.
a king, the exactness of
:
;"
should remember and acknowledge the wmch, by your majesty, next we do enjoy; which bind us to wish unto your life fulness of days; and unto your line royal a succession and continuance, even unto the world s end.
ances
infinite benefits
we
under God,
272
SPEECH OF THE KING S SOLICITOR,

USED UNTO
THE LORDS AT A CONFERENCE BY COMMISSION FROM THE COMMONS, MOVING AND PERSUADING THE LORDS TO JOIN WITH THE COMMONS IN PETITION TO THE KING, TO OBTAIN LIBERTY TO TREAT OF A COMPOSITION WITH HIS MAJESTY FOR
WARDS AND TENURES.

IN
THB PARLIAMENT
JACOBI.
THE
to
House of Commons have commanded me
knights, citizens, and burgesses of the to deliver
but the former two indeed may treaty is granted exclude treaty, and cut it off before it be ad
:
your lordships the causes of the conference by them prayed, and by your lordships assented, for the second business of this day. They have had report made unto them faithfully of his majesty s answer declared by my lord treasurer, touching their humble desire to obtain liberty from his ma
jesty to treat of
first,
mitted.
Nevertheless, in this that we shall say concern ing those two, we desire to be conceived rightly we mean not to dispute with his majesty what
:
compounding
"
for tenures.
And,
his
belongeth to sovereign honour or his princely con science; because we know we are not capable to discern of them otherwise than as men use some
times to see the image of the sun in a pail of But this we say for ourselves, God forbid that we, knowingly, should have propounded any
thing, that might in our sense and persuasion touch either or both; and therefore herein we desire to be heard, not to inform or persuade his majesty, but to free and excuse ourselves.
they think themselves

re
nova,"
much bound unto

in
majesty, that in
which case princes water.
use to be apprehensive, he hath made a gracious construction of their proposition. And so much they know of that, that belongs to the greatness
of his majesty, and the greatness of the cause, as themselves acknowledge they ought not to have
expected a present resolution, though the wise
And,
tive
first,
in general,
we acknowledge,
that
man
saith,
"
Hope
deferred
is
soul."
But they know
their
the fainting of the duty to be to attend
this tree of tenures
was planted into the preroga by the ancient common law of this land
his majesty s times at his good pleasure.
And
this they do with the more comfort, because that in his majesty s answer, matching the times, and
hath been fenced in and preserved by many statutes, and that it yieldeth at this day to the king the fruit of a great revenue. But yet, not
that
it
weighing the passages thereof, they conceive, in their opinion, rather hope than discouragement. But the principal causes of the conference now
prayed, besides these significations of duty not to be omitted, are two propositions. The one, mat ter of excuse of themselves ; the other, matter of The former of which grows thus. Your petition.
lordship, my lord treasurer, in your last declara tion of his majesty s answer, according to the
attribute then given unto
it
withstanding, if upon the stem of this tree may be raised a pillar of support to the crown perma
crown with a
nent and durable as the marble, by investing the rno r e ample, more certain, and more loving dowry, than this of tenures; we hope we propound no matter of disservice. But to speak distinctly of both, and first of
"
had
"imaginem
Csesaris"
by a great counsellor, fair and lively graven,

distribution, that
1 pray your lordships, give me leave, in a subject that may seem supra nos," to handle it rather as we are capable, than as the
honour: wherein
made
this
true
and
effectual
matter perhaps may require. Your lordships well know îe various mixture and composition of our
there depended upon tenures, considerations of Of these honour, of conscience, and of utility.
three, utility, as his majesty set it by for the pre sent, out of the greatness of his mind, so we set it by, out of the justness of our desires: for we
House.
We
that profess a law, that
have in our House learned civilians we reverence and some

:
times consult with
they can
tell
us, that all the
laws
"defeodis"
are but additionals to the an
cient civil
law
and that the
never meant but a iroodly and worthy augmenta tion of the profit now received, and not a diminu
tion.
the full height of their monarchy, never them; so that they are not imperial.
Roman emperors, in knew
We
have
But, to speak truly, that consideration

naturally
II.
eth
to
be examined
when
grave professors of the common law, who \\ill liberty of. define unto us that those are parts of sovereignly,
fall-
VOL.
35
87*
274
DIRECTIONS FOR THE MASTER OF THE WARDS.
and of the regal prerogative, which cannot be jndividuo," prefer the prerogative of the father communicated with subjects but for tenures in before the prerogative of the king: for if lands substance, there is none of your lordships but descend, held in chief from an ancestor on the have them, and few of us but have them. The part of a mother, to a man s eldest son, the father king, indeed, hath a priority or first service of his being alive, the father shall have the custody of tenures; and some more amplitude of profit in the body, and not the king. It is true that this is that we call tenure in chief: but the subject is only for the father, and not any other parent or apable of tenures ; which shows that they are ancestor but then if you look to the high law of not regal, nor any point of sovereignty. We have tutelage and protection, and of obedience and gentlemen of honourable service in the wars both duty, which is the relative thereunto: it is not Honour thy father alone," but Honour by sea and land, who can inform us, that when it said, is in question, who shall set his foot foremost to thy father and thy mother," &c. Again, the civi wards the enemy; it is never asked, Whether he lians can tell us, that there was a special use of holds in knight s service or in socage 1 So have the pretorian power for pupils, and yet no tenures. we many deputy lieutenants to your lordships, The citizens of London can tell us, there be courts and many commissions that have been for mus of orphans, and yet no tenures. But all this ters and levies, that can tell us, that the service while we pray your lordships to conceive, that and defence of the realm hath in these days little we think ourselves not competent to discern So, then, we per of the honour of his majesty s crown, or the dependence upon tenures. ceive that it is no bond or ligament of govern shrine of his conscience; but leave it wholly ment; no spur of honour, no bridle of obedience. unto him, and allege these things but in our own Time was, when it had other uses, and the name excuse. vocabula For matter of petition, we do continue our most of knight s service imports it: but
: ( :
"
"
"
manent, res have spoken
suit, by your lordships loving conjunc that his majesty will be pleased to open unto us this entrance of his bounty and grace, as city ; cuse, though we submit the thing itself wholly to to give us liberty to treat. And, lastly, we know his majesty s times are not subordinate at all but his majesty s judgment. For matter of conscience, far be it from us to to the globe above. About this time the sun hath
fugiunt."
But
all this
which we humble
tion,
we confess
which,
to be but in a vulgar capa nevertheless, may serve for our ex
cast in any thing willingly, that may trouble that clear fountain of his majesty s conscience.
We
got even with the night, and will rise apace
and
lord
we know Solomon
ship,
s temple,
whereof your
do confess
young
it is a noble protection, that these birds of the nobility and good families
my
:
a day
and
lord treasurer, spake, was not built in if we shall be so happy as to take the
to
should be gathered and clocked under the wings But yet "Naturae vis maxima:" of the crown.
axe
to
hew, and the hammer

it
frame, in this case,
and
"
Suus cuique discretus
sanguis."
lordships will favour me, to observe
my
"
cannot be without time ; and, there Your fore, as far as we may with duty, and without former importunity, we most humbly desire an accelera
to his
we know
method. .The common law itself, which is the tion of his majesty s answer, according in hoc good time and royal pleasure. best bounds of our wisdom, doth, even
A FRAME OF DECLARATION
MASTER OF THE WARDS,

AT
HIS FIRST SITTING.
THE
king,
it
whose
that are his ministers,
virtues are such, as if we, were able duly to correspond
unto them,
hath
were enougn
commanded
to make a golden time, certain of his intentions to be
and reduc novelty, but by way of reformation, tion of things to their ancient and true institution. Wherein, nevertheless, it is his majesty s ex
that he understands press pleasure it be signified, this to be done, without any derogation from the which memory or service of those great persons have formerly held this place, of whose doing*
published, touching the administration of this place, because they are somewhat differing from te usage of former times, and yet not by way of
i>i:;i:rrit)\s
r<w
THE MASTKR OF
remrm- and other
TIIK \VARDS.
ministers
;
275
l>y
bis majesty
rt
t.iinrili
a good and gracious

tin-
inferior
of like nature,
1
br.mee. especially touching
sincerity of tlieir
to
colour of his tenures
own
<v
iiiiinis.
Hut,
t
now
us.
that his
IIMJ. sty
-re
master of the wards Imiis.

tli
meaneth ll and
,
be as
it
say nothing for the present, because the parties whom it concorns are for the most part absent but order shall
:
of
which part
tliat
those
that he
be as his substitutes, and inuvi; wholly in his motion ; he doth expect tilings be
be given, that they shall give their attendanee tin; last day of the term, then to understand further
his majesty s gracious pleasure. Thus much by his majesty s
c.imeil in a sort
First,
worthy his
his
own
care.
commandment;
majesty hath had this now we princely consideration with himself, that as he is court. pater patriae," so he is by he ancient law of
therefore,
"
may
proceed to the business of the
this
kingdom
"pater
pupillorum,"
where there
is
DIRECTIONS
FOR THE MASTER OK THE WARDS TO OBSERVE, FOR
HIS MAJESTY S BETTER SERVICE, RAL GOOD.
First,
any tenure by knight
s service
extumleth almost
to all
of himself; which the great families noble

:
and generous of
AND THE GENE
this
kingdom
and, therefore,
being a representative father, his purpose is to imitate, and approach as near as may be to the
duties and offices of a natural father, in the good education, well bestowing in marriage, and pre servation of the houses, woods, lands, and estates
That he take an account how

to
his majes
;
ty s last instructions have betn the increase of benefit accrued
pursued
and of
his majesty
thereby, and the proportion thereof.
of his wards.
For, as
part
it is
it is
which
his majesty s direction, that that concerns his own profit and right be
;
executed with moderation
so, on the other side,
Wherein first, in general, it will be good to cast up a year s benefit, viz. from February, 1610, which is the date of the instructions under the great seal, to February, 1611 ; and to compare
:
his princely will that that other part,
which
concerneth protection, be overspread and extended to the utmost.
the total with the former years before the instruc tions, that the tree may appear by the fruit, and
it
may
be seen
how much
his majesty s profit is
Wherein his majesty hath three persons in his redoubled or increased by that course. Secondly, It will not be amiss to compute not eye, the wards themselves, idiots, and the rest of like nature; the suitors in this court; and the only the yearly benefit, but the number of ward
subjects at large. For the first, his
majesty
hath
commanded
ships granted that year, and to compare that with the number of former years ; for though the num
it be apparently less than in former years, then it may be justly doubt ed, that men take advantage upon the last clause in the instructions, of exceptions of wards con
special care to be taken in the choice of the per sons, to whom they be committed, that the same be sound in religion, such whose house and fami
lies are not noted for dissolute, no greedy persons, no step-mothers, nor the like; and with these
ber be a thing casual, yet if
qualifications, of the nearest friends: nay, fur ther, his majesty is minded not so to delegate this
trust to the committees, but that he will have,
in the at least,
cealed, to practise delays and misfinding of offices, which is a thing most dangerous.
once
year by persons of credit in every county, a view and inspection taken of the per sons, houses, woods, and lands of the wards, and other persons under the protection of this court,
and certificate to be made thereof accordingly. For the suitors, which is the second ; his ma jesty s princely care falls upon two points of re formation ; the first, that there be an examination of fees, what are due and ancient, and what are new and exacted ; and those of the latter kind put down the other, that the court do not enter:
Thirdly, In particular it behooveth to peruse and review the bargains made, and to consider the rates, men s estates being things which for the most part cannot be hid, and thereby to dis cern what improvements and good husbandry have been used, and how much the king hath more now, when the whole benefit is supposed to go to him, than he had when three parts of the
benefit
went
to the
committee.
take consideration
Fourthly,
It is requisite to
what commissions have been granted for copy holds for lives, which are excepted by the instruc tions from being leased, and what profit hath
been raised thereby.
lain causes too

after
long upon continuances of liveries

are
age, which serveth but to waste the parties in suit, consider ing the decrees cannot be perpetual, but tempo
the
parties
come
of
full
Thus much
for the
"
time past, and upon view

consilium"
of these accounts, res dabit ther order to be taken.
for fur
rary ; and, therefore, controversies here hamlled, are seldom put in peace, till they have past a trial and decision in other courts.
For
tlit-
third,
which
is
the subject at larsje; his
For the time to come, first, it is fit that the master of the wards, being a meaner person, be usually present as well at the treaty and beating of the bargain, as at the concluding, and that he
take not the business by report.
majesty hath taken into Ins princely can- the un necessary vexations of his people by feodaries,
Secondly.
When
suit is
made, the information
276
OF RECEIVING THE KING
MESSAGES.
the
Thus much concerning the improvement of the oy surrey and commission is but one image, but way were by private diligence to be really king s profit, which concerneth the king as pa
"
hard for a person that liveth in an inn of court, where there be understand ing men of every county of England, to obtain
informed
neither
is it
ter familias;"
now
as
"pater patriae."
First,
For the wards themselves, that there be
by care
certain information.
special care taken in the choice of the committee, that he be sound in religion, his house and family
Thirdly, This kind of promise of preferring not dissolute, no greedy person, no step-mother, the next akin, doth much obscure the information, nor the like. which before by competition of divers did better Further, That there be letters written once every appear; and therefore it may be necessary for the year to certain principal gentlemen of credit in
and the same to certify ; that the commit be held in some awe, and that the bless ing of the poor orphans and the pupils may come ferred. upon his majesty and his children. Secondly, For the suitors ; that there be a strait Fourthly, That it be examined carefully whe consist of copyholds examination concerning the raising and multipli ther the ward s revenues for lives, which are not to be comprised in the cation of fees in that court, which is much scan dalized with opinion thereof, and all exacted fees lease, and that there be no neglect to grant com missions for the same, and that the master take put down. order to be certified of the profits of former courts Thirdly, For the subjects at large; that the held by the ward s ancestor, that it may be a pre vexation of escheators and feodaries be repress cedent and direction for the commissioners. ed, which, upon no substantial ground of record, Fifthly, That the master make account every vex the country with inquisitions and other ex and for that purpose that there be one six months (the state appoints one in the year) tortions to his majesty ; and that when he bringeth the set day at the end of every term appointed for of the body for his majesty s signa examining the abuses of such inferior officers, bill of grants ture, he bring a schedule of the truth of the state and that the master of wards take special care to of every one of them, as it hath appeared to him receive private information from gentlemen of by information, and acquaint his majesty both quality and conscience in every shire touching the same. with the rates and states.
estate,
master of the wards sometimes to direct letters to some persons near the ward living, and to take certificate from them: it being always intended the subject be not racked too high, and that the nearest friends that be sound in religion, and like to give the ward good education, be pre
every county, to take view not only of the person of the wards in every county, and their educa tion; but of their houses, woods, grounds, ard
tees
may
SPEECH OF THE KING S SOLICITOR,

PERSUADING
THE HOUSE OF COMMONS

TO DESIST FROM FARTHER QUESTION OP
RECEIVING THE KING

THE PARLIAMENT
MESSAGES.
S
BY THEIR SPEAKER, AND FROM THE BODY OF THE COUNCIL, AS WELL AS FROM THE KING
IN
PERSOH
7 JACOBI
IT
is
my
desire, that if
any the king
s busi
in discord.
To
this I shall
always bend
my
en
ness, either of honour or profit, shall pass the House, it may be not only with external prevail
ing,
deavours.
The king s sovereignty, and the liberty of par but with satisfaction of the inward man. liament, are as the two elements and principles For in consent, where tongue-strings, not heart of this estate; which, though the one be more do not strings, make the music, that harmony may end active, the other more passive, vet they
OF
cross or destroy
HI-:CI:I\
iv, TIN: KIMJ S MESSAGES.

cc>nvenieney,aiid
277
tlie one the oilier. Hut they strengthen and maintain the. QUO thf other. Take away liberty of parliament, the griffs of the subrt \\ ill Meed inwards sharp and ea^vr humours
:
cil.
weaken the reputation of hiscoun* All kings, though they be live goda on earth, yet, as he said, they are LT ls of earth, frail as other men; they may be children ; they may be of ex.
tn
will not evaporate; and thru they must e\ule. -rnte; and so may endanger the sovereignty itself.
mi |gi
tln-y m.ij lie
On the other side, if the king s sovereignty re ceive diminution, or any degree of contempt with us that are born under an hereditary monarchy,
so as the motions of our estate cannot work in any other frame or engine, it must follow, that we shall be a meteor, or "corpus imperfecte miskind of bodies come speedily to turn;" which confusion and dissolution. And herein it is our
happiness, that we may make the same judgment of the king, which Tacitus made of Nerva: "Divus Nerva res olim dissociabiles miscuit,
may may
be absent.
indisposed in health ; thi y In these cases, if their couneil
not supply their persons, to what infinite accidents do you expose them ? Nay, more, some times in policy kings will not be seen, but cover
themselves with their council ; and if this be taken from them, a great part of their safety is taken
away.
:
council
imperium
et
libertatem."
Nerva did temper
or things, that before were thought incompatible, And it is insociable, sovereignty and liberty. not amiss in a great council and a great cause to
For the other point, of weakening the you know they are nothing without the they are no body politic they have no king commission under seal. So as, if you begin to distinguish and disjoin them from the king, they for they have lumen de are corpus opacum lumine and so by distinguishing you extinguish For it is truly the principal engine of the estate. Concilium non habet potestatem affirmed, that and it is but Rex delegatam, sed inluerentem
; ;
"
"
;"
:"
"
"
:"
put the other part of the difference, which was which significantly expressed by the judgment Apollonius made of Nero; which was thus:
the king in his chair or consistory, where his will and decrees, which are in privacy more changeable, are settled and fixed.
in
cathedra,"
when Vespasian came out of Judaea towards

to receive the empire, as he passed
Italy,
Now,
for that
;
:
by Alexandria
"
he spake with Apollonius, a man much admired, What was and asked him a question of state the cause of Nero s fall or overthrow Apollo nius answered again, "Nero could tune the harp he always either wound well but in government up the pins too high, and strained the strings too far; or let them down too low, and slackened the
:
?"
for the greatest kings in Europe, by ambassadors, receive answers and directions from the council in the king s absence ; and if that negotiation be fit for the fraternity and party
for dignity ment to us
which concerns ourselves. First, no man must think this a disparage
their
of kings,
subjects.
it
may much
benefit, no
less be excepted to
by
For use or
man can
Here we see the difference unacquainted in the affairs strings too much." between regular and able princes, and irregular ceive there should be any disadvantage in and incapable, Nerva and Nero. The one tem if such answers were less firm and certain.
with the liberty pers and mingles the sovereignty of the subject wisely ; and the other doth inter
it
be so raw and of the world, as to con

it,
as
For
are,
cannot be supposed, that

as
men
of so great cau
tion,
counsellors of
estate
commonly
it unequally and absurdly. whether you take caution for wisdom or provi Since, therefore, we have a prince of so excellent dence, or for pledge of estate or fortune, will ever wisdom and moderation, of whose authority we err, or adventure so far as to exceed their warrant. ought to be tender, as he is likewise of our liber- And, therefore, I conclude, that in this point and indifferent consi there can be unto us neither disgrace nor disad ty, let us enter into a true
change
it,
and vary
how far forth the case in question may vantage. For the point of the speaker. First, on the touch his authority, and how far forth our liberty and, to speak clearly, in my opinion it concerns king s part, it may have a shrewd illation ; for it his authority much, and our liberty nothing at all. hath a show, as if there could be a stronger duty seethe The questions are two the one, whether our than the duty of a subject to a king. of a message degrees and differences of duties in families, be speaker be exempted from delivery from the king without our license? The other, tween father and son, master and servant ; in whether it is not all one whether he received it corporate bodies, between commonalties and their
deration,
: :
We
from the body of the council, as if he received it officers, recorders, stewards, and the like ; yet all immediately from the king? And I will speak of these give place to the king s commandments. the last first, because it is the circumstance of the The bonds are more special, but not so forcible. On our part, it concerns us nothing. For, first, it present case. de canali," of the pipe ; how the king s First, I say, let us see how it concerns the king, is but and then how it concerns us. For the king, cer message shall be conveyed to us, and not of the Neither hath the speaker any srch doif it be observed, it cannot be denied, but matter.
"
j
tainly,
if
it presseth you may not receive his pleasure by his repre minion, as that coming out of his mouth s. Nay, body, which is his council of his us more than out of a privy counsellor estate, you both straiten his majesty in point of it seems to bo a great trust of the king s towards 2 A
|
sentative
278
the House,
ARGUMENT CONCERNING
when
into their
IMPOSITIONS, ETC.
one use of wit
but
it
message
the king doubteth not to put his mouth, as if he should speak

:
It is ful
;
to
make
clear things doubt
is
much
better use of wit to

to that I
make
to the city
we
by their recorder therefore, methinks should not entertain this unnecessary doubt.
doubtful things clear; and would bend themselves.
would men
ARGUMENT OF
IN
SIR
FRANCIS BACON,
THE KINOES SOLICITOR,
THE LOWER HOUSE OF PARLIAMENT,
THE KING S RIGHT OF IMPOSITIONS ON MERCHANDISES IMPORTED AND EXPORTED.
AND it please you, Mr. Speaker, this question touching the right of impositions is very great; extending to the prerogative of the king on the one part, and the liberty of the subject on the
other
;
Fourthly, I do set apart three commodities, wool, woolfells, and leather, as being in different case from the rest; because the custom upon them is
"
antiqua
custuma."
Lastly, the question
is
not,
whether in matter of imposing the king may alter not of conceit or fancy. And, therefore, as weight the law by his prerogative, but whether the king in all motions increaseth force, so I do not marvel have not such a prerogative by law.
in a point of profit
and that
and value, and
to see
men
gather the greatest strength of argu
The
state
of the question being thus cleared
ment they can to make good their opinions. And, and freed, my proposition is, that the king by the so you will give me leave likewise, being strong fundamental laws of this kingdom hath a power in mine own persuasion that it is the king s to impose upon merchandise and commodities In my proof of this pro right, to show my voice as free as my thought. both native and foreign. And for my part, I mean to observe the true position all that I shall say, be it to confirm or course to give strength to this cause, which is by confute, I will draw into certain distinct heads yielding those things which are not tenable, and or considerations which move me, and may move
keeping the question within the true state and
you.
The first is a universal negative: there appearcompass ; which will discharge many popular arguments, and contract the debate into a less room. eth not in any of the king s courts any one re Wherefore, I do deliver the question, and ex cord, wherein an imposition laid at the ports hath clude or set by, as not in question, five things. been overthrown by judgment ; nay, more, where This plea, First, the question is "de portorio," and not "de it hath been questioned by pleading. summa praedicta minus juste imposita fuit, tributo," to use the Roman words for explanation "quod sake ; it is not, I say, touching any taxes within et contra leges et consuetudines regni hujus Anthe land, but of payments at the ports. Secondly, gliae, unde idem Bates illam solvere recusavit,
it is not touching any impost from port to port, prout ei bene licuit;" is "primse impressionis." but where "claves regni," the keys of the king Bates was the first man ab origine mundi," for dom, are turned to let in from foreign parts, or to any thing that appearoth, that ministered that
"
send forth
to foreign parts, in a
word, matter of
commerce and
intercourse
riage or vecture. the distinction was
ness of law, and yet grievous. And according to and not "de bqno et malo," these several natures of grievance, there be seve of the legal point, and not of the inconvenience, ral remedies Be they against law 1 Overthrow otherwise than as it serves to decide the law them by judgment Be they too strait and ex 1 treme, though h Propound them in parlia This matter was much dehatedhy the lawyers ment. Forasmuch, then, as impositions at the n in the lirlrnnerit IfilO, and 1614, &.C., and afterwards n up by the crown in 1641. ports, having been so often laid, were never
not simply of carThirdly, the question is, as used above in another case,
;
plea ; whereupon I offer this true consideration : the king s acts that grieve the subject are either against law, and so void, or according to strict
de vero et
falso,"
-<r:\\
ARGUMENT CONCERNING
brought into the kind s courts of justicf, hut still brought to parliament, I tuny most certainly cnndllde, that they \\rrr conceived not tn he And if any man shall think that it law.
r a _ ain>t
!
IMPOSITIONS, ETC.
79
alien and subject; so that this difference of three pence hath no other ground than that
was
{>,,
grant. It falleth to be the sarnr in quantity; there is no statute for it, and, therefore, it ran have no
high a point
to
question hy law hcfun- the judin
;.
or that there should
want
fortitude in
them
to aid
strength but from the merchants grants; and the merchants grants can have no strength but from
the subject; no, it shall appear from time to time, in cases of equal reach, \\lierr the king s acts have been indeed against law, the course of law
the king s power to impose.
hath run, and the judges have worthily done thtir
For the merchants English, take the notable record in 17 E. III., where the (, ommons com plained of the forty shillings upon the sack of
duty.
the case of an imposition upon linen cloth for the alnage; overthrown by judgment.
in
wool as a maltoll set by the assent of the mer

chants without consent of
parli. uncut; nay, they dispute and say it were hard that the merchants consent should be in damage of the Commons.
1
As
The case
of a commission of arrest and commit
What saith the king to them 1 doth he grant it or give way to it ? No; but replies upon them, and determine the right of the exi- saith, It cannot be rightly construed to be in A commission s place, "secundum sanam discretionem," genter prejudice of the Commons, the rather because disallowed by the judges. provision was made, that the merchants should The case of the monopoly of cards overthrown not work upon them, by colour of that payment
ting of subjects upon examination without con viction by jury, disallowed by the judges.
to
and condemned by judgment. to increase their price ; in that there was a price I might make mention of the jurisdiction of certain set upon the wools. And there was an some courts of discretion, wherein the judges did end of that matter; which plainly affirmeth the not decline to give opinion. Therefore, had this force of the merchants grants. So, then, the force been against law, there would not have been of the grants of merchants, both English and altum silentium" in the king s courts. Of the strangers, appeareth, and their grants being not contrary judgments I will not yet speak ; thus corporate, are but noun adjectives, without the much now, that there is no judgment, no, nor plea king s power to impose. The third consideration is, of the first and most Though I said no more, it were against it. non ancient commencement of customs ; wherein I am enough, in my opinion, to induce you to a
" "
liquet,"
to leave
it
a doubt.
is,
The second
consideration
the force and con
tinuance of payments made by grants of mer chants, both strangers and English, without con
sent of parliament. Herein I lay this ground that such grants considered in themselves are void
in
somewhat to seek ; for, as the poet saith, Ingrediturque solo, et caput inter nubila condit," the beginning of it is obscure: but I rather conceive
"
that it is by common law than by grant in parlia ment. For, first, Mr. Dyer s opinion was, that the ancient custom for exportation was by the
law
for
custom was the custom upon wools, woolfells, dispersed persons they cannot bind succession, and leather he was deceived in the particular, neither can the major part bind the residue how and the diligence of your search hath revealed it; then should their grants have force ? No other for that custom upon these three merchandises wise but thus that the king s power of imposing grew by grant of parliament 3 E. I.; but the was only the legal virtue and strength of those opinion in general was sound for there was a grants and that the consent of a merchant is but custom before that: for the records themselves a concurrence the king is principale agens," which speak of that custom do term it a new and they are but as the patient, and so it becomes custom, Alentour del novel custome." As con a binding act out of the king s power. cerning the new custom granted, etc., this is Now, if any man doubt that such grants of mer pregnant, there was yet a more ancient. So foi
jects, they are
;
:
merchants, either strangers or sub no body corporate, but singular and

:
common laws and

;
goeth further, that that ancient
"
"
chants should not be of force, I will allege but two memorable records, the one for the merchants
cator."
That
strangers, the other for the merchants English. for the strangers is upon the grant of chart,
"
the strangers, the grant in 31 E. I. "chart, mer is, that the three pence granted by the strangers should be "ultra antiquas custumas,"
which hath no
three
species,
affinity
mercator."
of three pence in value
"
ultra anti
with that custom upon the but presupposeth more ancient
quas custumas;" which grant is in use and For it is well known to the practice at this day. merchants, that that which they call stranger s custom, and erroneously double custom, is but three pence in the pound more than English.
customs
in general.
Now,
if
any man think that

:
those more ancient customs were likewise by act of parliament, it is but a conjecture it is nevei
recited
"
custumas prius concessas," and acts of parliament were not much stirring Now look into the statutes of subsidy of tonnage before the great charter, which was 9 H. III. and poundage, and you shall find, a few merchan And, therefore, I conceive with Mr. Dyer, that dise only excepted, the poundage equal upon whatsoever was the ancient custom, was by the
ultra antiquas
280
law.
ARGUMENT CONCERNING
And
it
IMPOSITIONS, ETC.
dies
law, then by what other means can be imagined of the com mencement of it but by the king s imposing ?
the
1
common
by parliament
shall
continue, as 47
E.
III.
"ad
The fourth consideration is, of the manner that was held in parliament in the abolishing of impo
sitions laid
:
Sometimes that they shall cease voluntatem nostram." And sometimes that they shall hold over their
term prefixed or asseissed.
wherein
will consider,
first,
the
manner of the petitions exhibited in parliament; and more especially the nature of the king s answers. For the petitions I note two things; first, that to my remembrance there was never any petition made for the revoking of any imposi
tion
"
which showeth that the king did not dis claim them as unlawful, for "actus legitimus non recipit tempus aut conditionem." If it had
All
upon foreign merchants only. It pleased the Decemviri in 5 E. II. to deface chart, mercator." venient. and so the imposition upon strangers, as against The fifth consideration is of that which is offer law but the opinion of these reformers I do not ed by way of objection which is, first, that such for they of their gentleness did like much trust, grants have been usually made by consent of par wise bring in doubt the demy -mark, which it is liament; and, secondly, that the statutes of sub manifest was granted by parliament, and pro sidies of tonnage and poundage have been made nounced by them the king should have it, s il as a kind of stint and limitation, that the king
:
been adisaffirmance by law, they must have gone solido," but now you see they have been tempered and qualified as the king saw con
down
"in
"
avoit le
is expressed in some of these statues of tonnage commission only, and that in the time of a weak and poundage, sometimes by way of protestation, and never either warranted or confirmed by and sometimes by way of condition, that they king, Secondly, I note that petitions were shall not be taken in precedent, or that the king parliament.
!
I
but this is declared void by 1 E. chart, mercator." and void III., which reneweth must it needs be, because it was an ordinance by
doit:"
"
ed,
should hold himself unto the proportion so grant and not impose further ; the rather because it
made promiscuously
set
for taking
away impositions
by parliament as well as without parliament; 6 R.
nay, that very tax of the "neufiesme," the ninth sheaf or fleece, which is recited to be against the
impose any further rates or novelties, as 9 R. II., 13 H. IV., 1 H. V., which subsidies of tonnage and poundage have such clauses and cautions.
II.,
shall not
king
was an
oath, and in blemishment of his crown, act of parliament, 14 E. III. So, then, to
To
that
it
this objection I give this answer. First, is not strange with kings, for their own
infer that impositions were against law, because they are taken away by succeeding parliaments, it is no argument at all ; because the impositions set by the parliaments themselves, which no man
better strength, ana the better contentment of their people, to do those things by parliament,
which, nevertheless, have perfection enough with

out parliament.
tion of
We
see their
own
And
rights to the
there
will say were
against law, were, nevertheless,
crown, which are inherent, yet they take recogni
But pulled down by parliament. indeed the argument holdeth rather the other way, that because they took not their remedy in
afterwards
the king s courts of justice, but did fly to the parliament, therefore they were thought to stand
them by parliament.
was a
they should do it in this case, for they had found by experience that if they had not consent in parliament to the setting of
special reason
why
with law.
Now
for the
king
answers:
if
the imposi
them up, they could not have avoided suit in par liament for the taking of them down. Besides, there were some things requisite in the manner
of the levy for the better strengthening of the same, which percase could not be done without
tions complained of had been against law, then the king s answer ought to have been simple,
"tanquam
ra;"
:
responsio categorica, non hypotheti-
Let them be repealed, or, Let the law run but, contrariwise, they admit all manner of diversities and qualifications: for Sometimes the king disputeth the matter and doth nothing; as 17 E. III.
as,
parliament, as the taking the oath of the party touching the value, the inviting of the discovery of concealment of custom, by giving the moiety
to the informer,
and the
like.
Now
in special for the statutes of subsidies of
Sometimes the king distinguished of reason

able and not reasonable, as 38 E. III.
tonnage and poundage, I note three things. First, that the consideration of the grant is not laid to be for the restraining of impositions, but express,
ly for the guarding of the sea. is true that the ancient form is
Sometimes he abolisheth them in part, and letteth them stand in part, as 11 E. II., the re
cord of the
"mutuum,"
and 14 E.
III., the
printed statute, whereof I shall speak more anon the king shall not further impose; in the latter Sometimes that no imposition shall be set dur they humbly pray that the merchants may be de meaned without oppression, paying those rates ; ing the time that the grants made of subsi
Secondly, that it more peremptory, and the modern more submiss; for in the ancient form sometimes they insert a flat condition that
A HKIKF SPEECH, ETC.

hut whether
e.iiMilitinii,
it it In-
281
suppliiMiion, or
niipliclli
whether
it
be
r.itlirr
the
king hath a
1
time to Q. Mary, which is almost two hundred of impositions, as years, then: was an intermission
II. s
power;
f"
>r
else Imtli
u!>i
were
in .eilless, for "conditio

w<
r<l
amireiitur
an equal number of years to countervail them, namely, one hundred years in the times of tha three kings Edwards added to sixty of our last of the king s power precedent, appear- years; and "extrema obruunt media;" for we privati eth notably in the three pence overplus, which have both tho reverence of antiquity and the is paid liy the merchants strangers, which should possession of the present times, and they but the be taken away quite, if those statutes were taken middle times; and, besides, in all true judgment there is a very great difference between an usage tc be limitations; for in that, as we touched be a non-usage to prove fore, the rates are equal in the generality between to prove a thing lawful, and for the practice plainly implieth con subjects and strangers, and yet that imposition, it unlawful notwithstanding any supposed restriction of these sent; but the discontinuance may be either be acts of subsidies of tonnage and poundage, re- cause it was not needful, though lawful; or be cause there was found a better means, as I think maineth at this day. The sixth consideration is likewise of an objec it was indeed in respect of the double customs tion, which is matter of practice, viz. that from R. by means of the staple at Calais.
oppression
fect
libertas prasumitur," and tin srcMiHli to refer to excessive imposi
appeareth both by records and the custom-books. To which 1 answer; both that we have in ef
And, thirdly, that the statutes of tonnage. and poundage are but "cumulative," and not
tions.
vo"
A BRIEF SPEECH
IN
THE END OF THE SESSION OF PARLIAMENT
JACOBI.
JADINO SOME SUPPLY TO BE OITEN TO HIS MAJESTY; WHICH SEEMED THEN TO STAND UPON DOUBTFUL AND PASSED UPON THIS SPEECH.
THE
proportion of the king s supply
is
not
now which want may
in question : for when that shall be, it may be I shall be of opinion, that we should give so now, But as things as we may the better give again.
stand for the present, I think the point of honour and reputation is that which his majesty standeth of Cyrus was used, who sought his supply from most upon, that our gift may at least be like those those upon whom he had bestowed his benefits showers, that may serve to lay the winds, though we must always remember, that there are as well benefits of the sceptre as benefits of the hand, an they do not sufficiently water the earth.
reverberate upon subje Is, it might have a show of a secret menace. These arguments are, I hope, needless, an do better in your minds than in my mouth. But this, give me leave to say, that whereas the example
acknowledge to have come plena amongst us all, and all those whom we due and just, of the king s great merits, it may represent and, therefore, it is every man s head be taken for flattery if I should speak of the in this case that must be his counsellor, and strait obligations which intercede between the every man s heart his orator; and to those king and the subject, in case of the king s want, inward powers more forcible than any man s House if I speech, I leave it, and wish it may go to the it were a kind of concluding the hould speak of the dangerous consequence question.
sure,
To know
I
labour to persuade you, I will not: for I not into what form to cast my speech. If should enter into a laudative, though never so
:
well of government as of liberality.
These,
"
am
we
will
manu"
VOL.
II
36
1*9
A CERTIFICATE.
TO
THE LORDS OF THE COUNCIL,

UPON INFORMATION GIVEN
nCHINO THE SCARCITY OF SILVER AT THE
MINT,
AND REFERENCE TO THE TWO CHANCELLORS, AND THE KINO
S SOLICIT"*
MAY PLEASE YOUR LORDSHIPS, According unto your lordships letters unto us directed, grounded upon the information which his majesty hath received concerning the scarcity of silver at the mint, we have called hefore us as
IT
well the officers of the mint, as
Lord Knevet, who assisted us in this conference, as by the merchants; of which proposition-; lew
and much less can be new to but yet, although upon former are not unacquainted what is consultations, more or less likely to stand with your lordships
were new unto
us,
your lordships
we
some
principal
merchants, and spent two whole afternoons in the grounds and opinions, we thought it nevertheless examination of the business; wherein we kept the best fruit of our diligence to set them down this order, first to examine the fact, then the in articles, that your lordships with more ease
causes, with the remedies. And, for the fact, we directed the officers of the
may discard or entertain the particulars, begin ning with those which your lordships do point at us a distinguished account how in your letters, and so descending to the rest. unto much gold and silver hath yearly been brought The first proposition is, touching the dispropor into the mint, by the space of six whole years tion of the price between gold and silver, which last past, more especially for the last three is now brought to bed, upon the point of fourteen
mint
to give
months succeeding the
last
ceive a remedy; for either your lordships must the present scarcity. Upon which account it draw down again the price of gold, or advance to us, that during the space of six years the price of silver ; whereof the one is going back appears
aforesaid, there hath been still degrees of decay in quantity of the silver brought to the mint, but
the price of gold ; to the end we might by the suddenness of the fall discern, whether that pro clamation might be thought the efficient cause of
proclamation touching to one, being before but twelve to one. This we take to be an evident cause of scarcity of silver at the mint, but such a cause as will hardly re
from that which is so you have found good
lately done,
effect,
and whereof and the other is a
yet so, as within these last three months it hath thing of dangerous consequence, in respect of the grown far beyond the proportion of the former loss to all moneyed men in their debts, gentlemen time, insomuch as there comes in now little or in their rents, the king in his customs, and the none at all. And, yet, notwithstanding, it is common subject in raising the price of things some opinion, as well amongst the officers of the vendible. And upon this point it is fit we give mint as the merchants, that the state need be the your lordships understanding what the merchants less apprehensive of this effect, because it is like intimated unto us, that the very voicing or sus
to be but temporary, and neither the great flush of gold that is come into the mint since the
if it be pect of the raising of the price of silver, not cleared, would make such a dead ness and re tention of money this vacation, as, to use their
proclamation, nor, on the other side, the great scarcity of silver, can continue in proportion as it
now
to
doth.
so that
own words, will we were
be a misery to the merchants forced to use protestation, that

:
Another point of the fact, which we thought fit there was no such intent. The second proposition, is touching the charge examine, was, whether the scarcity of silver appeared generally in the realm, or only at the of coinage; wherein it was confidently avouched mint; wherein it was confessed by the merchants, by the merchants, that if the coinage were that silver is continually imported into the realm, brought from two shillings unto eighteen pence, and is found stirring amongst the goldsmiths, and as it was in Queen Elizabeth s time, the king otherwise, much like as in former times, although, would gain more in the quantity than he should lose with that in respect of the greater price which it hath with in the price: and they aided themselves the goldsmith, it cannot find the way to the mint. argument, that the king had been pleased toal.ate And thus much for the fact. his coinage in the other metal, and found good of For the causes with the remedies, we have it: which argument, though it doth admit a dillVrVeard many propositions made, as well by the ence, because that abatement was coupled with
282
CERTIFICATE RELATING TO THE MINT.

raising of the price, whereas this is to go iilone ; yet, nevertheless, it seemed the officers of the mint were not unwilling to give way to some
>he
283
parts,
j
|
it
which
supposed that all Spanish moneys, is the bulk of silver brought into this
is
abatement, although they presumed it would be of small effect, because that abatement would not considerable.
realm, would, by means of such a proclamation, come into the mint; which may be a thing
be equivalent
br-.irs
to that price
which Spanish
silver
with the goldsmith ; but yet it may be used as an experiment of state, being recoverable at his
majesty s pleasure.
The fifth proposition was this It was war ranted by the laws of Spain, to bring in silver for corn or victuals; it was propounded that his majesty would restrain exportation of corn "sub
:
The third proposition is, concerning the ex portation of silver more than in former times, wherein we fell first upon the trade into the
East Indies; concerning which it was materially, in our opinions, answered by the merchants of that company, that the silver which supplies that
generally Spanish moneys, would not be brought in but for that trade, so that it sucks
trade, being in as well as
it
modo,"
except they bring the silver which re
sulted thereof, unto his mint; that trade being commonly so beneficial, as the merchant may
well endure the bringing of the silver to the mint, although it were at the charge of coinage,
which
matter.
it
now
beareth further, as incident to this
There was revived by the merchants, with some instance, the ancient proposition, con
the erection of granaries for foreign corn, as, by that increase of trade in corn, importation of silver would likewise be
draws
forth.
And,
it
was added, cerning

the
likewise, that as long as the Low Countries maintained that trade in the Indies, it would help little, though our trade were dissolved,
forasmuch
because that silver which is exported immedi ately by us to the Indies, would be drawn out of
this
:
multiplied. The sixth

license
kingdom, for the Indies, immediately by the Dutch and for the silver exported to the Levant, mint: which, nevertheless, may seem somewhat As for hard, because it imposeth upon the subject that it was thought to be no great matter. other exportation, we saw no remedy but the which causeth him to incur peril of confiscation
execution of the laws, specially those of employ ment, being, by some mitigation, made agreeable And these three remedies are of to the times.
that nature, as they serve to
proposition was, That upon all forbidden commodities, there shall be a rate set of silver to be brought into the
of
To trouble your lordships foreign parts. further with discourses which we had of making
in
foreign coins current, and of varying the king s
remove the causes standard to weight, upon the variations in other of this scarcity. There were other propositions states, and repressing surfeit of foreign commo of policies and means, directly to draw silver to dities, that our native commodities, surmounting the mint. the foreign, may draw in treasure by way of
The
mint,
that the
fourth point thereof, was this : It is agreed silver which hath heretofore fed the
overplus
to
they be commonplaces so well known your lordships, as it is enough to mention them

;
principally, hath been Spanish money. only. This now comes into the realm plentifully, but There
is only one thing more, which is, to put your lordships in mind of the extreme excess in tion of some precedent in France, that his majesty the wasting of both metals, both of gold and would, by proclamation, restrain the coming in silver foliate, which turns the nature of these of this money sub modo that is, that either it metals, which ought to be perdurable, and makes be brought to the mint, or otherwise to be but and them perishable, and, by consumption, must be a
not into the mint.
It
was propounded,
in imita
"
;"
defaced, because that now it passeth in payments To which it was colourin a kind of currency.
both ; which, principal cause of scarcity in them we conceive, may receive a speedy remedy by his
ably objected, that this would be the way to have none brought in at all, because the gain ceasing,
the importation
majesty s proclamation.
Lastly,
We
are
humble
suitors to your lord
but this objection ships, that for any of these propositions, that ; was well answered, that it is not gain altogether, your lordships should think fit to entertain in but a necessity of speedy payment, that causeth consultations, your lordships would be pleased the merchant to bring in silver to keep his credit, to hear them debated before yourselves, as being and to drive his trade so that if the king keep matters of greater weight than we are able to
:
would cease
at the mint, as he judge of. And so, craving your lordships pardon always hath done, and have, likewise, his ex for troubling you so long, we commend your those moneys, in some principal lordships to God s goodness. changers for
his fourteen days
payment
HIS LORDSHIP
SPEECH
BEING LORD CHANCELLOR,

TO
THE SPEAKER
EXCUSE.
MR. SERJEANT RICHARDSON,

king hath heard and observed your grave and decent speech, tending to the excuse and disablement of yourself for the place of speaker. In answer whereof, his majesty hath commanded me to say to you, that he doth in no sort admit of the same.
THE
ferring it before other estates, it needs no answer ; the schools may dispute it; but time hath tried it,
and
we
find
it
to
be the best.
Other states have
curious frames, soon put out of order: and they that are made fit to last, are not commonly fit to
grow made
or spread
fit
to spread
and, contrariwise, those that are and enlarge, are not fit to con
First,
Because
if
the
party s
own judgment
tinue and endure.
should be admitted in case of elections, touching of nature, well composed both

himself, it would follow, that the most confident and overweening persons would be received; and the most considerate men, and those that understand themselves best, would be rejected. Secondly, His majesty doth so much rely upon the wisdoms and discretions of those of the House of Commons, that have chosen you with a una
tinue.
But monarchy is like a work to grow and to con
From
this I pass.
For the second part of your speech, wherein you no less truth than affection acknowledge the great felicity which we enjoy by his majes ty s reign and government, his majesty hath com manded me to say unto you, that praises and thanksgivings he knowethto be the true oblations nimous consent, that his majesty thinks not good of hearts and loving affections but that which you to swerve from their opinion in that wherein offer him he will join with you, in offering it up to God, who is the author of all good who knoweth themselves are principally interested.
did with
:
in so good Thirdly, You have disabled yourself and decent a fashion, as the manner of your speech hath destroyed the matter of it. And, therefore, the king doth allow of the elec
tion,
also the uprightness of his heart; who he hopeth will continue and increase his blessings both upon himself and his posterity, and likewise upon
his
and admit you
for
speaker.
"
kingdoms and the generations of them. But I for my part must say unto you, as
the
TO THE SPEAKER
MR. SPEAKER,
ORATION.
THE king hath heard and
observed your eloquent
discourse, containing much good matter, and much must expect from me good will: wherein you such an answer only as is pertinent to the occaion,
I
may
and compassed by due respect of time. divide that which you have said into four
first
parts.
The
was a commendation,
indeed a large
or laudative of
monarchy.
Grecian orator said long since in the like case: Solus dignus harum rerum laudatur tempus;" Time is the only commender and encomiastic worthy of his majesty and his government. Why time? For that, in the revolution of so many years and ages as have passed over this kingdom, notwithstanding, many noble and ex cellent effects were never produced until his ma jesty s days, but have been reserved as proper and peculiar unto them. And because this is no part of a panegyric, but merely story, and that they be so many articles of honour fit to be recorded, I will only mention
The second was

a hankfnl
fits,
field,
containing them, extracting part of them out of that you,
s bene and acts of government. The third was some passages touching the insti tution and use of parliaments. The fourth and last was certain petitions to his majesty on the behalf of the House and yourself. For your commendation of monarchy, and pre
acknowledgment of his majesty
Mr. Speaker,
eight.
have said
they be in number
first,
attributes,
First, his majesty is the
well, that hath laid stone of these two
"
lapis
angularis,"
as you noted it the corner
mighty kingdoms of England and Scotland, and taken away the wall of sepa
ration
:
whereby
his majesty is
become the 284
mo
KIM
I.Y
TO
Till:
SPEAKER
EXCUSE.
285
rarchof tle most puissant and military nations of the only worthy commender of his majesty i time tin- world if one of tin- ancient wise men which hath BO set off his majesty s merits
;
;m<l,
:
was
lity
not deci ived, iron commands gold. Secondly, the plantation and reduction to civi
by the shadow of comparison, as lustre or commendation of words.
it
passeth the
I
of Ireland, the second island of the ocean

;i
How
then shall
conclude
Shall
say,
"O
by God s providence wait for his fortunatos nimium sua si bona norint?" No, for work resembling indeed I see ye are happy in enjoying them, and happy in;i|csty s times; being But I will conclude the works of ihe ancient heroes no new piece of again in knowing them. that kind in modern times. this part with that saying, turned to the hand: "Si gratum dixeris, ornnia dixeris." Thirdly, This kingdom, now first in his ma jesty s times, hath gotten a lot or portion in the Your gratitude contains in a word all that I can new world, by the plantation of Virginia and the say to you touching this parliament. Summer Islands. And certainly it is with the Touching the third point of your speech, con kingdoms on earth as it is in the kingdom of hea cerning parliaments, I shall need to say little for ven sometimes a grain of mustard-seed proves a there was never that honour done to the institu Who can tell ? tion of parliament, that his majesty did it in hia great tree. Fourthly, His majesty hath made that truth last speech, making it in effect the perfection of which was before titularly, in that he hath veri monarchy; for that although monarchy was the fied the style of Defender of the Faith wherein more ancient, and be independent, yet by the ad his majesty s pen hath been so happy, as, though vice and assistance of parliament it is the stronger the deaf adder will not hear, yet he is charmed and the surer built. that he doth not hiss. I mean in the graver sort And therefore I shall say no more of this point; of those that have answered his majesty s writ- but as you, Mr. Speaker, did well note, that when the king sits in parliament, and his prelates, peers, and commons attend him, he is in the Fifthly, It is most certain, that since the con which is the exaltation of his orb so I wish things may be so quest ye cannotassign twenty years, time that his majesty s reign now draws fast upon, carried, that he may be then in greatest serenity of inward and outward peace. Insomuch, as the and benignity of aspect; shining upon his people time of Queen Elizabeth, of happy memory, and both in glory and grace. Now you now well, always magnified for a peaceable reign, was ne that the shining of the sun fair upon the ground, vertheless interrupted the first twenty years with whereby all things exhilarate and do fructify, is a rebellion in England and both first and last either hindered by clouds above or mists below twenty years with rebellions in Ireland. And perhaps by brambles and briers that grow upon I know, that his yet majesty will make good both the ground itself. All which I hope at this time his words, as well that of Nemo me lacessit will be dispelled and removed.
Atlantic, did
:
ri<rht
"
impune,"
as that other of
"
Bead
pacifici."
Sixthly,
which
ple,
is,
true and primitive office of kings, to sit in the gate and to judge the peo
in like perfection
:
That
I come now to the last part of your speech, concerning the petitions but before I deliver his majesty s answer respectively in particular, I am
:
was never performed
by
any of the king
s progenitors whereby his ma lex loquens," jesty hath showed himself to be and to sit upon the throne, not as a dumb statue,
"
speak to you some few words in general : wherein, in effect, I shall but glean, his majesty having so excellently and fully expressed him
to
self.
but as a speaking oracle. Seventhly, For his majesty s mercy, as you noted it well, show me a time wherein a king of this realm hath reigned almost twenty years, as I said, in his white robes, without the blood of any the axe turned once or peer of this kingdom twice towards a peer, but never struck. The flourishing of arts and sciences re Lastly, created by his majesty s countenance and bounty,
:
*For that, that can be spoken pertinently, must be either touching the subject or matter of parlia ment business; or of the manner and carriage of the same or, lastly, of the time, and the husband ing and marshalling of time. For the matters to be handled in parliament,
;
they are either of church, state, laws, or grievancesFor the first two, concerning church or state, ye have heard the king himself speak and as the was never in that height, especially that art of Scripture saith, Who is he that in such thing*;
"
i
arts, divinity;
for that
we may
truly to
God
shall
I
great glory confess, that since the primitive times, there were never so many stars, for so the Scripture calleth them, in that firmament.
shall say
For the other two, king?" somewhat, but very sho-tly. For laws, they are things proper ibr your nri-n
after the
come
element ; and, therefore, therein ye are rathei to These things, Mr. Speaker, I have partly lead than to be led. Only it is not amiss to put you chosen out of your heap, and are so far from being in mind of two things ; the one, that ye do not vulgar, as they arc in effect singular and proper multiply or accumulate laws more than ye need. to his majesty and his times. So that I have There is a wise and learned civilian that applies
j j
made good,
as
take
it,
my
first
assertion
that
the curse of the prophet,
"Pluet
super eos
laqueop,"
286
to multiplicity of
A SPEECH ON THE MOTION OF A SUBSIDY.

laws
:
for they do but ensnare and entangle the people. I wish rather, that yn should either revive good laws that are fallen and discontinued, or provide against the slack execu tion of laws which are already in force ; or meet with the suhtile evasions from laws which time and craft hath undermined, than to make novas creaturas legum," laws upon a new mould.
"
sensible of forms than of matter; and is as farfivni enduring diminution of majesty, as from regard ing flattery or vainglory ; and a king that under-
standeth as well the pulse of the hearts of the And, therefore, both le people, as his own orb.
other point, touching laws, is, that ye busy not yourselves too much in private bills, except it be in cases wherein the help and arm of ordinary
justice is too short.
The
For grievances, his majesty hath with great grace and benignity opened himself. Neverthe
less, the limitations,
your grievances have a decent and reverend form and style; and, to use the words of former par liaments, let them be tanquam gemitus columbae," without pique or harshness: and, on the other side, in that ye do for the king, let it have a mark of unity, alacrity, and affection; which will be of this force, that whatsoever ye do in substance, will he doubled in reputation
"
which may make up your
grievances not to beat the air only, but to sort to The one, a desired effect, are principally two.
to
use his majesty s term, that ye do not hunt

j
after grievances, such as may seem rather to be here when ye are met, than to have stirred
in regard ; of the instant occasion flying away irrecoverably. let your speeches in the House be the Therefore, speeches of counsellors, and not of orators ; let
abroad, as in a crystal glass. For the time, if ever parliament measured by the hour-glass, it is this
was
to
be
sprung from the desires of the country: ye are to represent the people ; ye are not to personate them. The other, that ye do not heap up grievances, as if numbers should make a show where the
is small ; or, as if all things amiss, like Plato s commonwealth, should be remedied at once. It is certain, that the best governments,
your committees tend to despatch, not to dispute; and so marshal the times as the public business, especially the proper business of the parliament, be put first, and private bills be put last, as time shall give leave, or within the spaces of the
public.
weight
For the four petitions, his majesty is pleased to grant them all as liberally as the ancient and true custom of parliament doth warrant, and with the
cautions that have ever gone with them ; that is to say, That the privilege be not used for defraud
yea, and the best men, are like the best precious stones, wherein every flaw or icicle or grain are seen and noted more than in those that are gene
rally foul
and corrupted.
ing of creditors, and defeating of ordinary justice: that liberty of speech turn not into license, but be
taste of duty to your own
Therefore contain yourselves within that

ration as
mode
may appear to bend
rather to the effectual
joined with that gravity and discretion, as may and love to your sovereign, reverence
ease of the people, than to a discursive envy, or scandal upon the state.
assembly, and respect
to the
matters
As for the manner of carriage of parliament business, ye must know, that ye deal with a king that hath been longer king than any of you have
been parliament men ; and a king that
is
that your accesses be at such fit times, as may stand best with his majesty s pleasure and occasions: that mistakings and misunder
ye handle
no less
standings be rather avoided and prevented, as much as may be, than salved or cleared.
A SPEECH IN PARLIAMENT,
39
OF ELIZABETH,
UPON THE MOTION OF SUBSIDY.

AND please you, Mr. Speaker, I must consider the time which is spent; but yet so, as I must consider also the matter, which is great. This great cause was, at the first, so materially and
and after, in such sort weightily propounded persuaded and enforced ; and by him that last
;
mixture of this House doth so require it, that in causes of this nature there be some speech and opinion, as well from persons of generality, as
by persons of authority, I will say somewhat, and not much wherein it shall not be fit for me
:
to enter into, or to insist
upon
secrets, either of
spake, so much time taken, and yet to good pur pose; as 1 shall speak at a great disadvantage:
ovit,
because
it
hath been always used, and the
her majesty s coffers, or of her council ; but my speech must be of a more vulgar nature. I will not enter, Mr. Speaker, into a laudative
sri;i:t
O.N
TIN;
MOTION OF A SUBSIDY.
for his
287
ground hedge ami ditch, to fortify and U hy, .Mr. Speaker, the disputer defend the rest. ment, \\e receive, thereby to incite you to a will, it he be wise and cunning, grant somewhat emeth to make against him, because he will retribution; partly, because no breath of man that can set them forth worthily and partly, IICC.UI-M keep himself within the strength of his opinion, and I kn>\v, her majesty, in her magnanimity, doth the better maintain the rest. But this place adverIn stow her benefits like her freest patents, tiseth me not to handle the matter in a commonabsque aliquo hide reddendo;" not looking for place. I will now deliver unto you that, which, any thing again, if it were in respect only of her upon a "probatum est," hath wrought upon Neither will I myself, knowing your affections to be like mine particular, ut love and loyalty. n\v, at this time, put the case of this realm of own. There hath fallen out, since the last par hn^Lind too precisely; how it standeth with the liament, four accidents or occurrents of state;
.-M ;
,
j
Npeech of the high and singular benefits, which, by her majesty s most politic and happy govern
subject in point of payments to the crown : though I could make it appear by demonstration, what opinion soever be conceived, that never subjects
were partakers of greater freedom and ease; and that whether you look abroad into other countries at this present time, or look back to former times in this our own counlry, we shall find an exceed
ing difference in malter of taxes; which, now, I reserve to mention; not so much in doubt to
Acquaint your ears with foreign strains, or to dig up the sepulchres of buried and forgotten impo
sitions,
you all; by every me, in my vulgar understanding, lhat the danger of this realm is which I speak not by way of appre increased hending fear, for I know I speak to English but by way of pressing provision for courages; I do find, Mr. Speaker, that when kingdoms and states are entered into terms and resolutions of hostility one against the other; yet they are many times restrained from their attempts by four
one whereof,
:
things published and

it
known
to
seemeth
to
impediments. The first is by this same "aliud agere;" when which, in this case, as by way of com parison, it is necessary you understand ; but they have their hands full of other mailers, which because speech in the House is fit to persuade the ihey have embraced, and servelh for a diversion
is
:
general point, and, particularly, and seasonable for the committee
more proper of
;
iheir hoslile purposes.
neither will
The next The

third,
is,
when
make any
observation upon her majesty s manner of expending and issuing treasure; being not upon excessive and exorbitant donatives, nor
or opportunily of
they want the commodity some places of near approach.
upon
buildings, or like magnificence;
unnecessary triumphs, but upon the preservation, protection, and honour of the realm: for I dare not scan upon her majesty s actions, which it becometh me rather to admire in silence, than to gloss or discourse upon them, though with never so good a meaning. Sure I am, lhat the treasure that cometh from you to her majesty, is but as a vapour which riseth from the earth, and gathereth into a cloud, and stayelh not there long; but upon the same earth it falleth again: and what if some drops of this do fall upon France or Flanders ? It is like a sweet odour of honour and reputation to our nation throughout
sumptuous
and
they have conceived an appre and churlishness of the enterprise, and that it is not prepared to their hand.
when
hension of the
difficulty
j 1
And the fourth is, when a state, through the age of the monarch, groweth heavy and indisposed to actions of great peril and motion and this dull humour is not sharpened nor inflamed by any provocations or scorns. Now if it please you to examine, whether, hy removing the impediments, in these four kinds, the danger be not grown so many degrees nearer us by accidents, as I said, fresh, and all dated since the
:
last parliament, you may be pleased to remember how the French king revolted from his religion; whereby every man of common the world. But I will only insist upon the understanding may infer, that the quarrel between natural and inviolate law of preservation. France and Spain is more reconcileable, and a It is a truth, Mr. Speaker, and a familiar truth, greater inclination of affairs to a peace, than bethat safety and preservation is to be preferred fore which supposed, it followeth, Spain shall before benefit or increase, inasmuch as those be more free to intend his malice against this counsels which tend to preservalion, seem to be realm. attended with necessity: whereas those delibera Since the last parliament, it is also notorious tions which tend to benefit, seem only accompa in every man s knowledge and remembrance, that nied with persuasion. And it is ever gain and the Spaniards have possessed themselves of that no loss, when at the foot of the account there avenue and place of approach for England, which remains the purchase of safety. The prints of was never in the hands of any king of Spain be this are everywhere to be found the patient will fore; and that is Calais; which in true reason ever part with some of his blood to save and clear and consideration of estale of whal value or ser
j
last parliament. Soon after the
the rest: the seafaring man will, in a storm, cast over some of his goods to save and assure the
lest: the
vice
husbandman
will afford
some
foot of
it is, I know not; but in common under standing, it is a knocking at our doors. Since the last parliament also that ulcer of Ire-
A SPEECH ON THE MOTION OF A SUBSIDY.

land, which indeed brake forth before, hath run on and raged more : which cannot but be a great
attractive to the ambition of the council of Spain,
I
The
first
achieved with great
of these expeditions invasive was felicity, ravished a strong and
former experience know of how tough a complexion this realm of England is to be assail-
who by
ed; and, therefore, as rheums and fluxes of hu
mours, is like to resort to that part which is weak and distempered. And, lastly, it is famous now, and so will be
in the lap and bosom of their high brought them to such despair as they fired themselves and their Indian fleet in sacrifice, as a good odour and incense unto God for the great and barbarous cruelties which they have committed upon the poor Indians, whither that
famous port
countries
;
fleet
was
sailing; disordered their reckonings so,
many ages hence, how by these two sea-journeys we have braved him, and objected him to scorn
:
as the next
news we heard
of
was nothing but
so that no blood can be so frozen or mortified, but must needs take flames of revenge upon so mighty
protesting of bills and breaking credit. The second journey was with notable resolu
tion borne
a disgrace. So as this concurrence of occurrents, all since our last assembly, some -to deliver and free our
up against weather and all difficulties; and besides the success in amusing him and put
ting him to infinite charge, sure a Tartar s or Parthian s bow,
I
am
it
was
like
which shooteth
enemies, some to advance and bring him on his way, sume to tempt and allure him, some to spur on and provoke him, cannot but threaten an in
crease of our peril in great proportion. Lastly, Mr. Speaker, I will but reduce to the
memory of this House one other argument, for ample and large providing and supplying trea sure: and this it is: I see men do with great alacrity and spirit pro
ceed
when they have obtained a course they long wished for and were restrained from. Myself can remember, both in this honourable assembly, and in all other places of this realm, how forward and affectionate men were to have an invasive war. Then we would say, a defensive war was like eating and consuming interest, and needs we would be adventurers and assailants: Habes
"
backward, and had a most strong and violent effect and operation both in France and Flanders ; so that our neighbours and confederates have reaped the harvest of it; and while the life-blood of Spain went inward to the heart, the outward limbs and members trembled, and could not re sist. And, lastly, we have a perfect account of all the noble and good blood that was carried forth, and of all our sea-walls and good shipping, without mortality of persons, wreck of vessels, or any manner of diminution. And these have been the happy effects of our so long and so much
desired invasive war.
To conclude, Mr. Speaker, therefore, I doubt not but every man will consent that our gift most bear these two marks and badges the one, of
:
shall we not now make quod tota mente petisti it good 1 especially when we have tasted so pros
:"
the danger of the realm by so great a proportion, since the last parliament^ increased; the other, of the satisfaction we receive in having obtained
perous
fruit of our desires.
oar so earnest and ardent desire of an invasive \v*
CHARGES.
THE JUDICIAL CHARGE
SIR

THE KINO
S
SOLICITOR,
UPON THE COMMISSION OF OVER AND TERMINER HELD FOR THE
VERGE OF THE COURT.

"Lex
vitiorum emendatrix, virtutum commendatrix
et."
and service
know, and consider well the duty word, if you shall not present unto the court all which you are called, and where such offences, as shall appear unto you either by upon you are by your oath charged. It is the evidence given in, or otherwise, mark what I say, nappy estate and condition of the subject of this of your own knowledge, which have been com realm of England, that he is not to be impeached mitted within the verge, which is as it were the
"You
are to
to
by flying rumours, or limits of your survey, but shall smother and con wandering fames and reports, or secret and privy ceal any offence willingly, then the guiltiness of but by the oath and presentment of others will cleave to your consciences before God ; inquisitions men of honest condition, in the face of justice. and, besides, you are answerable in some degree But this happy estate of the subject will turn to to the king and his law for such your default and hurt and inconvenience, if those that hold that suppression and therefore take good regard unto it, you are to serve the king and his people, you part which you are now to perform shall be neg ligent and remiss in doing their duty; for as of are to keep and observe your oath, you are to ac two evils it were better men s doings were looked quit yourselves. into over-strictly and severely, than that there But there is yet more cause why you should should be a notorious impunity of malefactors ; take more special regard to your presentments, as was well and wisely said of ancient time, a than any other grand juries within the counties man were better live where nothing is lawful, of this kingdom at large for as it is a nearer de than where all things are lawful." This, there gree and approach unto the king, which is the fore, rests in your care and conscience, forasmuch fountain of justice and government, to be the as at you justice begins, and the law cannot pur king s servant, than to be the king s subject; so sue and chase offenders to their deserved fall, ex this commission, ordained for the king s servants cept you first put them up and discover them, and household, ought in the execution of justice whereby they may be brought to answer; for to be exemplary unto other places. David said, your verdict is not concluding to condemn, but it who was a king, "The wicked man shall not is necessary to charge, and without it the court abide in my house;" as taking knowledge that it cannot proceed to condemn. was impossible for kings to extend their care, to Considering, therefore, that ye are the eye of banish wickedness over all their land or empire;
in his life, lands, or goods,
;
;
"
justice, ye ought to be single, without partial af fection; watchful, not asleep, or false asleep in winking at offenders, and sharp-sighted to pro
but yet at least they ought to undertake to God for their house. see further, that the law doth so esteem
We
ceed with understanding and discretion
for, in
VOL.
II.
37
the dignity of the king s settled mansion-house, 9 Q 2 B
290
BS
it
JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.

it
hath laid unto
which we
call the verge, to
a plot of twelve miles round, be subject to a special
and exempted jurisdiction depending upon his per son and great officers. This is as a half-pace or car are comprehended in that known name, which too s chair of estate, which, many, if it pleased God, bear, recusancy; which pet spread about the king therefore, ought to be cleared and voided more offence hath many branches and dependencies ;
than other places of the kingdom for if offences should be shrouded under the king s wings, what
:
times, and sacred places, are to be preserved in reverence and divine respect. For contempts of our church and service, they
the wife-recusant, she tempts ; the church Papist, le feeds and relieves; the corrupt schoolmaster,
there of discipline and good justice in see the sun, when it is parts ? at the brightest, there may be perhaps a bank of or the west, or remote re clouds in the north,
le soweth tares ; the dissembler, he conformeth and doth not communicate. Therefore, if any jerson, man or woman, wife or sole, above the age of sixteen years, not having some lawful ex but near his body few or none ; for where cuse, have not repaired to church according to the gions, the king cometh there should come peace and several statutes ; the one, for the weekly, the order, and an awe and reverence in men s other, for the monthly repair, you are to present joth the offence and the time how long. hearts. Again, And this jurisdiction was in ancient time exe such as maintain, relieve, keep in service of livery cuted, and since by statute ratified, by the lord recusants, though themselves be none, you are steward, with great ceremony, in the nature of a likewise to present; for these be like the roots of the verge ; for it was nettles, which sting not themselves, but bear and peculiar king s bench for
hope
is
more remote
We
thought a kind of eclipsing to the king s honour, that where the king was, any justice should be sought but immediately from his own officers.
maintain the stinging leaves: so if any that keepeth a schoolmaster that comes not to church,
or is not allowed
But
in respect that office
was
oft void, this
com
tion
mission hath succeeded, which change I do not dislike ; for though it hath less state, yet it hath more strength legally therefore, I say, you, that are a jury of the verge, should lead and give a
:
by the bishop, for that infec spread far ; so such recusant as have been convicted and conformed, and have not received the sacrament once a year, for that
may
is
the touchstone of their true conversion
and
of these offences of recusancy take you special in the care and conscience of regard. Twelve miles from court is no region for pattern unto others such subjects. In the name of God, why should your presentments. Concerning the particular points and articles not twelve miles about the king s chair be as free
whereof you shall inquire,
mory and mine own with
help your me neither will I load you, or trouble myself with every branch of several offences, but stand upon those that are
I will
order
principal and most in use : the offences, there fore, that you are to present are of four natures.
I.
from Papist-recusants, as twelve from the city of Rome, the pope s chair, is from Protestants? There be hypocrites and atheists, and so I fi.ai there be amongst us ; but no open contempt of their religion is endured. If there must be re cusants, it were better they lurked in the country, than here in the bosom of the kingdom. For matter of division and breach of unity, it is not without a mystery that Christ s coat had no seam, nor no more should the church, if it were Therefore, if any minister refuse to use possible.
the book of common-prayer, or wilfully swerveth book; or if any person whatsoever do scandalize that boot, and speak and maliciously in derogation of it; such openly men do but make a rent in the garment, and such But much more, are by you to be inquired of. such as are not only differing, but in a sort opposite unto it, by using a superstitious and corrupted form of divine service ; I mean, such as say or hear mass. These offences which I have recited to you, are there re against the service and worship of God main two which likewise pertain to the dishonour of God ; the one, is the abuse of his name by per jury ; the other, is the adhering to God s de clared enemies, evil and outcast spirits, by con juration and witchcraft. For perjury, it is hard to say whether it be more odious to God, or pernicious to man; for an
in divine service from that
:
The
The
first,
such as concern
God and
his
church.
II.
second, such as concern the king and

third,
his state.
III.
The
such as concern the king
people, and are capital.
IV. The fourth, such as concern the king

people, not capital.
The service of Almighty God, upon whose blessing the peace, safety, and good estate of king and kingdom doth depend, may be violated,
and God dishonoured
nation,
in three
manners, by profa
j
by contempt, and by
division, or breach
of unity.
word
any man hath depraved or abused in deed the blessed sacrament, or disturbed the preacher or congregation in the time of divine Hervice; or if any have maliciously stricken with weapon, or drawn weapon in any church or churchyard ; or if any fair or market have been
First, if or
kept in any churchyard, these are profanations \vithin the purview of several statutes, and those you are to present: for holy things, actions,
JUDICIM.
oath, saiih
if,
>r
ON
TIII-;
COMMISSION FOR THK

:
VKR<.I:.
291
tin:t|>n>tlc,
is
the end of controversies
privy
council,
this is
felony, and theieof you
shall inquire. th.it huundary of suits he taken away Therefore And since we are now in that branch of the where shall In- tin- mil you arc to inquire of wilful and corrupt perjury in king s person, I will speak also of the king s per any nf the king s courts, yea, of court-barons and son by representation, and the treasons which the like, and that as well of the actors, as of the touch the same. Tin king s person and authority is represented procurer and suborner. For witchcraft, by the former law it was not in time things; in his seals, in his money, and invocation in his principal magistrates: if, therefore, any it were actual and death, except gross of evil spirits, or making covenant with them, have counterfeited the king s great seal, privy or taking away life by witchcraft: but now, by an seal, or seal manual ; or counterfeited, clipped, or act in his majesty s times, charms and sorceries in scaled his moneys, or other money current, this is
therefore,
mis-set,
certain cases of procuring of unlawful love or bodily hurt, and some others, are made felony the
high treason
so
is it to kill
certain great officers
second offence
pillory.
the
first
being imprisonment and
or judges executing their office. will now pass to those treasons
We
which con
And here I do conclude my first part concern ing religion and ecclesiastical causes wherein it may be thought that I do forget matters of supre macy, or of Jesuits, and seminaries, and the like, which are usually sorted with causes of religion but I must have leave to direct myself according to mine own persuasion, which is, that, whatso ever hath been said or written on the other side,
: :
cern the safety of the king s estate, which lire of three kinds, answering to three perils which may happen to an estate; these perils are foreign
invasion, open rebellion and sedition, and privy practice to alienate and estrange the hearts of the
subjects, and to prepare them either to adhere to enemies, or to burst out into tumults and commo tions of themselves.
all
the late statutes,
which
s
inflict capital
punish
Therefore, if any person have solicited or pro. cured any invasion from foreigners; or if any have
pope supremacy, combined to raise and stir the people to rebellion supremacy, Jesuits and within the realm ; these arc high treasons, tend seminaries, and other offenders of that nature, ing to the overthrow of the estate of this common have for their principal scope, not the punish wealth, and to be inquired of.
extollers of the
s
ment upon
deniers of
the
king
error of conscience, but the re pressing of the peril of the estate. This is the true spirit of these laws, and therefore I will place them under my second division, which is of of
ment of the
The third part of practice hath divers branches, but one principal root in these our times, which is the vast and overspreading ambition and usurp ation of the see of Rome for the Pope of Rome
;
fences that concern the king and his estate, to
which now
come.
THESE offences, therefore, respect either the safety of the king s person, or the safety of his estate and kingdom, which, though they cannot be
dissevered indeed, yet they maybe distinguished in speech. First, then, if any have conspired against the life of the king, which God have in
his custody! or of the queen s majesty, or of the most noble prince their eldest son ; the very com
according to his late challenges and pretences, become a competitor and corrival with the king, for the hearts and obediences of the king s sub he stands for it, he sends over his lovejects tokens and brokers, under colour of conscience, to
is,
:
steal and win away the hearts and allegiances of the people, and to make them as fuel, ready to take fire upon any his commandments.
This
is
that
yoke which
this
kingdom hath
happily cast off, even at such time when the po pish religion was nevertheless continued, and that
passing and inward imagination thereof is high divers states, which are the pope s vassals, do treason, if it can be proved by any fact that is likewise begin to shake off. overt for in the case of so sudden, dark, and per If, therefore, any person have maintained and nicious, and peremptory attempts, it were too late extolled the usurped authority of the Bishop of for the law to take a blow before it gives; and Rome within the king s dominions, by writing,
:
their obedience, or been withdrawn and recon ; privy council are as the principal watch over the ciled ; or if any subject have refused the second .safety of the king, so as their safety is a portion of time to take the oath of supremacy lawfully ten his: if, therefore, any of the king s servants with dered ; or if any Jesuit or seminary come and
this high treason of all other is most heinous, of which you shall inquire, though I hope there be no cause. There is another capital offence that hath an affinity with this, whereof you here within the vorge are most properly to inquire the king s
preaching, or deed, advisedly, directly, and mali

; or if any person have published or put use any of the pope s bulls or instruments of or if any person have withdrawn, absolution; and reconciled, any of the king s subjects from
ciously
in
in his cheque-roll, for to
tends, have conspired the death of
them only the law ex abide within this realm these are by several any the king s statutes made cases of high treason; the law
:
292
JUDICIAL CHARGE ON THE COMMISSION FOR THE VERGE.

wanton humours and braveries of men have, under name of honour and reputation, in
vented.
Tlio highest degree is where such a on** is killed whom the offender did bear faith and obedi
counting these things as preparatives, and the first wheels and secret motions of seditions and revolts from the king s obedience. Of these you are to inquire, both of the actors and of their abettors, comforters, receivers, maintainers; and conceal ers, which in some cases are traitors, as well as the
in some prtemunire," principal, in some cases in other, in misprision of treason, which I will not stand to distinguish, and in some other, felony;
"
a reverend
unto
as the servant to the master, the wife to ; the husband, the clerk to the prelate and I shall ever add, for so I conceive of the law, the child
:
ence
to the father or the mother; and this the law namely, that of the receiving and relieving of terms petty treason. the bringing in and dispers Jesuits and priests; The second is, Where a man is slain upon crosses, pictures, or forethought malice, which the law terms murder; Agnus Dei ing of and so is and it is an offence horrible and odious, and can such trash, is likewise praemunire as,
"
s,"
"
:"
the denial to take the oath of supremacy the time.
first
not be blanched, nor
The
some
third is,
made fair, Where a man
but foul.
And
tickle
because, in the disposition of a state to
sudden heat or
little
"
affray,
is killed upon a whereunto the law gives
men are most and dangerous ; therefore, if any of the king s subjects go over to serve in foreign parts, and do not first endure the touch, that is, to take the oath of allegiance ; or if he have borne office in any army, and do not enter into bond with sureties as is prescribed, this is made felony and such as you shall inquire. Lastly, because the vulgar people are sometimes led with vain and fond prophecies ; if any such shall be published, to the end to move stirs or tu
troubles and perturbations, military
;
himself,
ira furor
favour, because a man in fury is not brevis wrath is a short mad

;"
ness; and the wisdom of law in his majesty s time hath made a subdivision of the stab given,
where the party stabbed

had not given the
first
is
out of defence, and
blow, from other
man
slaughters. The fourth degree is, That of billing a man in the party s own defence, or by misadventure which, though they be not felonies, yet, neverthe
less, the
law doth not

because
it
suffer
them
to
go unpu
mults, this
shall
not felony, but punished by a year s imprisonment and loss of goods; and of this also
is
nished
other.
bloody mind
in the one,
doth discern some sparks of a and of carelessness in the
you inquire.
shall likewise understand that the escape
is
You
of any prisoner committed for treason, whereof you are likewise to inquire.
treason;
And the fifth is, Where the law doth admit a kind of justification, not by plea, for a man may not, that hath shed blood, affront the law with pleading not guilty but when the case is found
;
by verdict, being disclosed upon the evidence; as that is, those offences which concern the king s where a man in the king s highway and peace is and are capital which, nevertheless, the assailed to be murdered or robbed; or when a people, law terms offences against the crown, in respect man defending his house, which is his castle.
Now
come
I to the third part of
my
division
of the protection that the king hath of his people, and the interest he hath in them and their wel
fare
against unlawful violence; or when a sheriff, or minister of justice, is resisted in the execution of
for touch them, touch the king. These of his office; or when the patient dieth in the chi; fences are of three natures: the first concerneth rurgeon s hands, upon cutting or otherwise: for the conservation of their lives; the second, of these cases the law cloth privilege, because of the
!
honour and honesty of their persons and families and the third, of their substance.
First, for life.
I
necessity, and because of the innocency of the intention.
must say unto you
in general,
it is
I
Thus much
you
for the death of

:
man, of which rases
that life is
grown
too cheap in these times;
set at the price of words, and every petty scorn and disgrace can have no other reparation ; nay, so
are to inquire together with the accessories before and after the fact.
many men
s lives are
taken
away with impunity, nour and chasteness
For the second kind, which concerns the ho of persons and families; you
that the very life of the law is almost taken away, which is the execution ; and, therefore, though we
are to inquire of the ravishment of women, of the taking of women out of the possession of their
cannot restore the life of those

yet
I
men
that are slain,

life,
parents or guardians against their will, or marry-
by ing them, or abusing them; of double marriages, pioceeding with due severity against the of- where there was not first seven years absence, and most especially this plot of ground, and no notice that the party so absent was alive, fenders
pray
;
let
us restore the law to her
which, as I said, is the king s carpet, ought not to and other felonies against the honesty of life. he stained with blood, crying in the ears of God For the third kind, which concerneth men s and the king. It is true, nevertheless, that the substance, you shall inquire of burglaries, robbelaw doth make divers just differences of life ries, cnttinu of purses, and taking of any thing
|
laken
away; but yet no such
differences as the
from the person: and generally other stealths,
JUDICIAL
wdl
11
AKi.K
ON
Till:
COMMISSION FOR THE VERGE.

were
to build a church,
29.J
fal-o
such aa are plain, as those that are dis

1
he should need but
guised, whereof
will
by-and-l>y
speak:
hut,
to use diligence in pre first, 1 must require senting especially those purloinings and embez which are of plate, vessels, or whatso zlements, ever within the king s house. The king s house
yu
weights, and not seek them far, of the piles of brass to make the bells, and the weights of lead
to make the battlements and, herein you are to make special inquiry, whether the clerk of the
:
is an open place ; it ought to be kept safe by law, and not by lock, and therefore needeth the more
market within the verge, to whom properly it appertains, hath done his duty. For nuisances and grievances, 1 will for the
present only single out one, that ye present the for where the
severity.
Now, for coloured and disguised robberies; I decays of highways and bridges; will name two or three of them: the purveyor majesty of a king s house draws
that takes without warrant, is no better than a
recourse and
The servant that hath the thief, and felony. keeping of his majesty s goods, and going away with them, though he came to the possession of
it is
access, it is both disgraceful to the king, and diseaseful to the people, if the ways nearabouts be not fair and good ; wherein it is strange to see tho chargeable pavements and causeways, in thn
them lawfully,
it
is
felony.
Of
these you shall
likewise inquire, principals and accessories. voluntary escape of a felon is also felony.
The
avenues and entrances of towns abroad, beyond the seas; whereas London, the second city at the
least of Europe, in glory, in greatness, and in wealth, cannot be discerned by the fairness of the
FOR the last part, which is of offences concern ing the people not capital, they are many but I will select only such as I think fittest to be re
:
membered unto you, still dividing, to the better light. They are of four natures.
1.
ways, though a little, perhaps, by the broadness of them, from a village. For the last part, because I pass these things over briefly, I will make mention unto you of give you
three laws.
1.
2.
3.
4.
The The The
first, is
matter of force ami outrage. second, matter of fraud and deceit.
2.
Public nuisances and grievances. 3. fourth, breach and inobservance of nufactures.
The one, concerning the king s pleasure. The second, concerning the people s food. And the third, concerning wares and ma
certain
wholesome and
politic
laws
for
govern
ment.
first, you shall inquire of riots and unlaw ful assemblies; of forcible entries, and detainers with force; and properly of all assaults of strik
For the
You shall therefore inquire of the lawful taking partridges and pheasants or fowl, the destruction of the eggs of the wild fowl, the killing of hares or deer, and the selling of venison or hares : for
that which is for exercise, and sport, and courtesy, drawing weapon or other violence within the should not be turned to gluttony and sale victual. You shall also inquire whether bakers, and king s house, and the precincts thereof: for the king s house, from whence example of peace brewers keep their assize, and whether as well should flow unto the farthest parts of the king- they, as butchers, innholders, and victuallers, do dom, as the ointment of Aaron s head to the skirts sell that which is wholesome, and at reasonable of his garment, ought to be sacred and inviolate prices, and whether they do link and combine to from force and brawls, as well in respect of reve raise prices.
ing,
j
rence to the place, as in respect of danger of Lastly, you shall inquire whether the good greater tumult, and of ill example to the whole statute be observed, whereby a man may have kingdom ; and, therefore, in that place, all should that he thinketh he hath, and not be abused or oe full of peace, order, regard, forbearance, and mis-served in that he I mean that statute
j
buys
silence.
Besides open force, there is a kind of force that cometh with an armed hand, but disguised, that to it; which law boing generally transgressed, is no less hateful and hurtful and that is abuse makes the people buy, in effect, chaff for corn; and oppression by authority. And, therefore, you for that which is mis-wrought, will mis-wear. shall inquire of all extortions, in officers and mi There be many more things inquiraltle by you, nisters; as sheriffs, bailiffs of hundreds, escheat- throughout all the formei parts, whicl it were ors coroners, constables, ordinaries, and others, overlong in You may be particular to recite. who, by colour of office, do poll the people. supplied either our of your own experience, or For frauds and deceits, I do chiefly commend out of such bills and informations as shall be to your care the frauds and deceits in that which brought unto you, or upon any question that you is the chief means of all just contract and permu- shall demand of the court, which will bo ready to which is, weights and measures; wherein. give you any farther direction, as far as is fit: but tation, although God hath pronounced that a false weight these which I have gone through, are the principal is an abomination, yet, the abuse is so common, points of your charge; which to present, you and so general, I mean of weights, and I speak have taken the name of God to witness: and in
;
j
that requireth that none use any manual occupation, but such as have been seven years apprentice
upon knowledge and
late
examination, that
if
one
the
name of God perform
it.
2 B 2
AN EXPLANATION
WHAT MANNER OF PERSONS THOSE SHOULD BE, THAT ARE TO EXECUTE THE POWER OR ORDINANCE
THE KING
1.
PREROGATIVE.
est discretion,
THAT
king
s pleasure,
absolute prerogative, according to the revealed by his laws, may be
king
known
will,
which the law, in which is the showeth unto him to be that
exercised and executed by any subject, to whom power may be given by the king, in any place of judgment or commission, which the king, by his la\v, hath ordained: in which the judge subordi nate cannot wrong the people, the law laying down a measure by which every judge should govern and execute against which law, if any
;
justice,
which he ought to administer; otherwise he might seem to esteem himself above the kiner s law, who will not govern by it, or to have a power derived from other than from the king, which, in the kingdom will administer justice
contrary unto the justice of the land : neither can such a judge or commissioner, under the name of
judge proceed, he is, by the law, questionable, the king s authority, shroud his own high action, and punishable for his transgression. seeing the conscience and discretion of every man In this nature are all the judges and commis is particular and private to himself, so as the dis sioners of the land, no otherwise than in their cretion of the judge cannot be properly, or possi courts, in which the king, in person, is supposed bly, the discretion, or the conscience of the king: to sit, who cannot make that trespass, felony, or and, if not his discretion, neither the judgment
treason, which the law hath not made so to be; neither can punish the guilty by other punish ment than the laws have appointed.
that is ruled by another
Therefore
it
man s may seem they
only. rather desire to he
This prerogative or power, as it is over all the subjects, so, being known by the subjects, they are without excuse if they offend, and suffer no
wrong, they be justly punished ; and, by this prerogative, the king governeth all sorts of people according unto known will.
if
kings, than to rule the people under the king, which will not administer justice by law, but by
their
3.
own
will.
in a subject is deroga : for he administer-
This administration
king
tive to the
s prerogative
2. The absolute prerogative, which is in kings according to their private will and judgment, cannot be executed by any subject; neither is it possible to give such power by commission ; or
fit
eth justice out of a private direction, being not capable of a general direction how to use the king s subjects at pleasure, in causes of particular
respect; which, if no other than the king himself can do, how can it be so that any man should de sire that which is unfit and impossible, but that it
to subject the
people to the same
for the king,
must proceed out of some exorbitant
affection
in that
he
is
the substitute of
God immediately,
he father of his people, and head of the common wealth, hath, by participation with God, and with his subjects, a discretion, judgment, and
eth,
the rather, seeing such places be full of trouble, and altogether unnecessary, no man will seek to
feeling love towards those over whom he reignonly proper to himself, or to his place and
them but for hopes of gain. not any prerogative oppugned, but main tained, though it be desired, that every subordi nate magistrate may not be made supreme,
thrust himself into
is
Then
who, seeing he cannot in any others wisdom, power, or gifts, which God, in respect of his place and charge, hath enabled liim withal, can neither subordinate any other /udge to govern by that knowledge, which the king can no otherwise, than by his known will, participate unto him and if any such subordinate
person;
infuse his
:
whereby he may
seize
upon the hearts of the
due unto him people, take from the king the respect only, or judge the people otherwise than the king
doth himself.
4. And although the prince be not hound to render any account to the law, which in person he administereth himself, yet every subordinate judge must render an account to the king, by his
judge shall obtain commission, according to the discretion of such judge, to govern the people, that judge is bound to think that to be his sound
laws,
how
place where he
he hath administered justice in his But if he hath power to is set.
294
en
rule
\\u;r.
VCAINST
no
his
i:i,s.
235
by
private direction, for
which there
is
law,
how can
he be questioned hy a law,
if in
private censure he offends? 5. Therefore, it secineth that, in giving such authority, the king ord.iineth not subordinate ma
gistrates, but absolute kings:
king; the laws oeing neglected, which, with their equity, in all other causes and judg ments, saving this, interpose themselves and y i. Id
upon
tin-
remedy. 0. And,
and what doth the
kuiK ,cave to himself, who giveth so much to otlu rs, as he hath himself! Neither is there a greater bond to tie the subject to his prince in particular, than when he shall have recourse unto
liiin, in
his person, or in his power, for relief of

;
to conclude, custom cannot confirm that any ways unreasonable of itself. will not allow that which is many ways dangerous, and no ways profitable. Justice will not approve that government, where it cannot be but wrong must be committed. Neither can there be any rule by which to try
which
is
Wisdom
the
or
wrongs which from private men be offered for reformation of the oppressions which any
it,
nor means of reformation of

7.
it.
subordinate magistrate shall impose upon the There can be no offence in the judge, people. who hath power to execute according to his dis
cretion,
when the discretion of any judge shall be thought fit to be limited, and therefore there can be therein no reformation ; whereby the king in this useth no prerogative to gain his subjects
right: then the subject is bound to suffer helpless wrong ; and the discontent of the people is cast
I
Therefore, whosoever desireth government must seek such as he is capable of, not such as seemeth to himself most easy to execute; for it is apparent, that it is easy to him that knoweth not law nor justice, to rule as he listeth, his will
never wanting a power to itself: but it is safe and blameless, both for the judge and people, and honour to the king, that judges be appointed who
know the law, and that they be limited according to the law.
to
govern
THE CHARGE
OF SIR FRANCIS BACON, KNIGHT,

HIS MAJESTY S ATTORNEY-GENERAL,
TOUCHING DUELS:
UPON AN INFORMATION
IN
THE STAR CHAMBER AGAINST PRIEST AND WRIGHT;

IN
WITH THE DECREE OF THE STAR CHAMBER
THE SAME CAUSE.
My
I
LORDS,
thought
it
fit
place, and for these times, to bring to hearing before your lordships some cause touching private duels, to see if this
for
my
meaner, and the dog to be beaten before the Nay, I should think, my lords, that men of birth and quality will leave the practice when it
in the
lion.
begins to be
vilified,
and come so low as to bar
court can do any good to tame and reclaim that And I could have evil, which seems unbridled.
ber-surgeons and butchers, and such base

nical persons. And, for the
mecha
wished that
had met with some greater persons, as a subject for your censure, both because it had been more worthy of this presence, and also the better to have showed the resolution myself hath to proceed without respect of persons in this bu siness ; but finding this cause on foot in my pre decessor s time, and published and ready for hearing, I thought to lose no time in a mischief
I
which
take
much
greatness of this presence, in comfort, both as I consider it

in respect
it
in itself,
and much more

I
is
by his
will supply the meanness of the particular cause, by handling of the (renej. .l point: to the end that, by the occasion of this
majesty s direction,
present cause, both
against
duels,
that
irroweth every day
and, besides,
it
passes
without which
not amiss sometimes
in
greater sort be admonished
government, that the them, may by an example made kind may read their
purpose of prosecution opinion of the court, nothing, for the censure of and thereby offenders in that appear,
my
and
the
am
own
case, and
know what
396
CHARGE AGAINST DUELS.

in
they are to expect ; which may serve for a warning until example may be made in some greater
whom
the expectation and
comfort of
thet>
person: which, I doubt, the times will but too soon afford.
Therefore,
it
friends consistetn, shall be cast away and de stroyed in such a vain manner; but much more
it is to be deplored, when so much noble and genteel blood should be spilt upon such follies as, if it were adventured in the field in seivice of
before
come, to
the
particular,
whereof your lordships are now to judge, I think time best spent to speak somewhat the king and realm, were able to make the fortune First, Of the nature and greatness of this of a day, and to change the fortune of a kingdom. So as your lordships see what a desperate evil mischief. this is; it troubleth peace, it disfurnisheth war, Secondly, Of the causes and remedies. Thirdly, Of the justice of the law of England, it bringeth calamity upon private men, peril upon which some stick not to think defective in this the state, and contempt upon the law. matter. Touching the causes of it; the first motive, no Fourthly, Of the capacity of this court, where doubt, is a false and erroneous imagination of the remedy of this mischief is best to honour and credit: and, therefore, the king, in his certainly be found. last proclamation, doth most aptly and excellently And, fifthly, Touching mine own purpose and call them bewitching duels. For, if one judge resolution, wherein I shall humbly crave your of it truly, it is no better than a sorcery that enchanteth the spirits of young men, that bear great lordships aid and assistance. For the mischief itself, it may please your minds with a false show, "species falsa;" and a lordships to take into your consideration that kind of satanical illusion and apparition of honour
:
when revenge
is
once extorted out of the magis
against
virtue,
Mihi s ordinance, vindicta, ego retribuam," and every man shall bear the sword, not to defend, but to assail ; and private men begin once to presume to give law to themselves, and to right their own wrongs, no man can foresee the danger and inconveniences that may arise and multiply thereupon. It may cause sudden storms in court, to the disturbance of his majesty, and unsafely of his person: it may grow from quarrels to bandying, and from bandying to trooping, and so to tumult and com motion; from particular persons to dissension of families and alliances; yea, to national quarrels,
trates hands, contrary to
"
God
religion, against law, against moral and against the precedents and examples of the best times and valiantest nations; as I
shall tell
the law of
you by-and-by, when I shall show you England is not alone in this point.
this mischief being such, nourished by vain discourses, and green and unripe conceits, which, nevertheless, have so pre vailed, as, though a man were staid and soberit is
But then the seed of
minded, and a right believer, touching the vanity and unlawfulness of these duels; yet the stream of vulgar opinion is such, as it imposeth a neces sity upon men of value to conform themselves, or else there is no living or looking upon men s according to the infinite variety of accidents, faces so that we have not to do, in this case, so which fall not under foresight: so that the state much with particular persons, as with unsound by this means shall be like to a distempered and and depraved opinions, like the dominations and of. imperfect body, continually subject to inflamma spirits of the air, which the Scripture speaketh tions and convulsions. Hereunto may be added, that men have almost both in divinity and in lost the true notion and understanding of fortitude Besides, certainly, For fortitude distinguished of the policy, offences of presumption are the greatest. and valour. Other offences yield and consent to the law that grounds of quarrels, whether they be just; and it is good, not daring to make defence, or to not only so, but whether they be worthy; and
:
justify themselves; but this offence expressly setteth a better price upon men s lives, than to gives the law an affront, as if there were two hestow them idly : nay, it is weakness and dislaws, one a kind of gown-law, and the other a esteem of a man s self, to put a man s life upon law of reputation, as they term it; so that Paul s such liedo-er performances: a man s life is not to and Westminster, the pulpit and the courts of be trifled away ; it is to be offered up and sacri|
king justice, speaketh in his proclamation, of ordinary tables, and such reverend assemblies: the year-books, and statute-books, must give place to some French and Italian pamphlets, which handle the doctrine of duels, which, if they be in the right, "tranbeamus ad ilia," let us receive them, and not keep
the people in conflict and distraction between two laws.
lords,
it is
must give place
to the law, as the
ficed to honourable services, public merits, good It is in expense causes, and noble adventures. of blood, as it is in expense of money; it is no
liberality to
|
make a profusion of money upon every vain occasion, nor no more is it fortitude to make effusion of blood, except the cause be of worth. And thus much for the causes of this
evil.
For the remedies, I hope some great and noble a miserable effect, when person will put his hand to this plough, and 1 wish Again, my young men, full of towardness and hope, such as that my labours of this day may he but forerunners aurora filii," sons of the morning, to the work of a higher and better hand, but Hie poets call
"
cHAKi.i; AGAINST
yet
this to deliver
ELS.
lie
297 may
not behold his aove
my opinion time and place, there

"ii,
as
lie
may
i
be proper for
that
the
for
that darkness, that
fur things
Hectual
rel_;n\ face.
have thought
IIT
as the
ni>t
of this depraved custom of particular

that there
Lastly, and that which more properly concernet I, this court: we see, my lords, the root of tins
offence
is stubborn, for it despisuth death, which the utmost of punishments ; and it were a just but a miserable severity, to execute the law withis
j
ombats.
The
abolish
first is.
do appear and be declared
down
and settled resolution in the state to For this is a thing, my lords, must for then every parti ; cular man will think himself acquitted in his repu tation, when he sees that the state takes it to heart, as an insult against the king s power and authority, and thereupon hath absolutely resolved to master
a fiin-.t.int
it.
out
all
at cnce, or not at all
capital.
remission or mercy, where the case provcth And yet the late severity in France waa
more, where, by a kind of martial law, established by ordinance of the king and parliament, the party that had slain another was presently had to the
i
it; like
express words in the edict of Charles IX. of France, that the king himself took upon touching duels, him the. honour of all that took themselves grieved
or interested for not having performed the combat. So must the state do in this business and in my
:
unto that which
was
set
down
in
conscience there
it
none that is but of a reasonable, sober disposition, be he never so valiant, except

is
be some furious person, that is like a firework, but will be glad of it, when he shall see the law and rule of state disinterest him of a vain and
insomuch as gentlemen of great quality were handed, their wounds bleeding, lest a natural death should prevent the example of justice. But, my lords, the course which we shall take is of far greater lenity, and yet of no less efficacy ; which is to punish, in this court, all the middle acts and proceedings which tend to the duel, which I will enumerate to you anon, and so to hew and vex the root in the branches, which, no doubt, in the end will kill the root, and yet
gibbet,
prevent the extremity of law. Now, for the law of England,

to,
unnecessary hazard. Secondly, care must be taken that this evil be no more cockered, nor the humour of it fed ; wherein I humbly pray your lordships that I may speak rny mind freely, and yet be understood The proceedings of the great and noble aright. commissioners martial I honour and reverence
I see it excepted though ignorantly, in two points; The one, that it should make no difference be tween an insidious and foul murder, and the
killing of a
call
it.
man upon
fair
terms, as they
now
The
other,
That the law hath not provided
punishment, and reparations, for con much, and of them I speak not in any sort; but I tumely of words, as the lie, and the like. But these are no better than childish novelties say the compounding of quarrels, which is other wise in use by private noblemen and gentlemen, against the divine law, and against all laws in it is so punctual, and hath such reference and effect, and against the examples of all the bravest and most virtuous nations of the world. respect unto the received conceits, what s before For, first, for the law of God, there is never to hand, and what s behindhand, and I cannot tell what, as without all question it doth, in a fashion, be found any difference made in homicide, but be countenance and authorize this practice of duels, tween homicide voluntary, and involuntary, which we term misadventure. And for the case of as if it had in it somewhat of right. Thirdly, I must acknowledge that I learned out misadventure itself, there were cities of refuge ; of the king s last proclamation, the most prudent so that the offender was put to his flight, and th and best applied remedy for this offence, if it flight was subject to accident, whether the reshall please his majesty to use it, that the wit of renger of blood should overtake him before he had man can devise. This offence, my lords, is gotten sanctuary or no. It is true that our law grounded upon a false conceit of honour, and, hath made a more subtle distinction between the therefore, it would be punished in the same kind, will inflamed and the will advised; between man in eo quis rectissime plectitur, in quo peccat." slaughter in heat, and murder upon prepensed The fountain of honour is the king and his aspect, malice, or cold blood, as the soldiers call it ; an and the access to his person continueth honour indulgence not unfit for a choleric and warlike in life, and to be banished from his presence is nation: for it is true, "ira furor brevis;" a man one of the greatest eclipses of honour that can be; in fury is not himself. This privilege of passion if his majesty shall be pleased that when this the ancient Roman law restrained, but to a case court shall censure any of these offences in persons that was, if the husband took the adulterer in the of eminent quality, to add this out of his own manner; to that rage and provocation only it gave power and discipline, that these persons shall be way, that a homicide was justifiable. But for a banished and excluded from his court for certain difference to be made in case of killing and
sufficient
"
years, and the courls of his queen and prince, I think there is no man that hath any good blood in
him
will
commit an
38
act that shall cast
him
into
be destroying man, upon a forethought purpose, tween foul and fair, and as it were between single murder and vied murder, it is but a monstrous
VOL.
II.

child of this latter age, and there it in any law divine or human.
find in the Scripture that into the field and slew
is
no shadow of
it is
Only
true,
controverted hy divines, touching the lawfulness of it: so that a wise writer saith, "Taliter pug-
Cain enticed his brother nantes videntur tentare Deum, quia hoc volunt ut him treacherously but Deus ostendatet faciat miraculum, ut justam caumanhood that he would sain habens victor efiiciatur, quod seepe contra acBut howsoever it be, this kind of fight kill a young man, and if it were to his hurt; so cidit." as I see no difference between an insidious murder taketh its warrant from law. Nay, the French and a braving or presumptuous murder, but the themselves, whence this folly seemeth chiefly to have flown, never had it but only in practice and difference between Cain and Lamech. Aa for examples in civil states, all memory toleration, and never as authorized by law and
;
Lamech vaunted
of his
doth consent, that Graecia and Rome were the most valiant and generous nations of the world;
and, that which
free estates,
yet
now
folly with
of late they have been fain to purge their extreme rigour, insomuch as many
is more to be noted, they were gentlemen left between death and life ir -.he and not under a monarchy ; whereby duels, as I spake before, were hastened to hanga man would think it a great deal the more reason ing with their wounds bleeding. F or the state that particular persons should have righted them- found it had been neglected so long, as nothing selves; and yet they had not this practice of could be thought cruelty which tended to the putduels, nor any thing that bare show thereof: and ting of it down. As for the second defect pretended in our law, sure they would have had it, if there had been Fas est et that it hath provided no remedy for lios and any virtue in it. Nay, as he saith, ab hoste doceri." It is memorable, that is report fillips, it may receive like answer. It would have ed by a counsellor ambassador of the emperor s, been thought a madness amongst the ancient law givers, to have set a punishment upon the lie touching the censure of the Turks of these duels there was a combat of this kind performed hy given, which in effect is but a word of denial, a two persons of quality of the Turks, wherein one negative of another s saying. Any lawgiver, if of them was slain, the other party was convented he had been asked the question, would have before the council of bashaws ; the manner of the made Solon s answer: that he had not ordained reprehension was in these words: "How durst any punishment for it, because he never imagined you undertake to fight one with the other? Are the world would have been so fantastical as to
I I
"
enough to kill? Did you whether of you shall be slain, the loss would be the Great Seignior So as we may see that the most warlike nations, whether generous or barbarous, have ever despised this wherein now men glory. It is true, my lords, that find combats of two
there not Christians
take
it
so highly.
The
not
know
that
whether an action of injury

resolve the contrary.
civilians, they dispute lie for it, and rather
s?"
France,
who
first set
is
And Francis the First of on and stamped this dis

all
it;
grace so deep,
taxed by the judgment of
wise writers
for
beginning the vanity of
for it
natures authorized, how justly as to the latter of them.
will not dispute
he, that when he had himself given the lie and defy to the emperor, to make it current in the
was
As for words of reproach and contumely, whereof the lie was esteemed none, it is not cre upon the public quarrel. This the Romans called Pugna per provoca- dible, but that the orations themselves are extant, tionem And this was never, but either be what extreme and exquisite reproaches were
field
"
one, when, upon the approaches of armies in the face one of the other, particular persons have made challenges for trial of valours in the
The
world, said in a solemn assembly, "That he was no honest man that would bear the lie which
:"
was
the fountain of this
new
learning.
"
tween the generals themselves, who are absolute, between particulars by license of the generals ;
never upon private authority. So you see David asked leave when he fought with Goliah; and Joab, when the armies were met, gave leave, and
said,
"Let
I
tossed up and down in the senate of Rome and the places of assembly, and the like in Graecia, and
yet no man took himself fouled by them, but took them but for breath, and the style of an ene-
the
of this kind
young men play before was that famous example in
us."
And
the wars
my, and either despised them or returned them, but no blood spilt about them, So of every touch or light blow of the person,
they are not in themselves considerable, save that they have got upon them the stamp of a disgrace, which maketh these light things pass for great
of Naples, between twelve Spaniards and twelve Italians, where the Italians bare away the victo-
y; besides other infinite like examples worthy and laudable, sometimes by singles, sometimes matter. The law of England, and all laws, hold these degrees of injury to the person, slander, by numbers. The second combat is a judicial trial of right, battery, maim, and death and if there be extrawhere the right is obscure, introduced by the ordinary circumstances of despite and contumely, Goths and the northern nations, but more ancient- as in case of libels, and bastinadoes, and the like, Jy entertained in Spain; and this yet remains this court taketh them in hand, and punishelh
I
in s -une cases as a divine lot of battle,
though
them exemplarily.
But
for this
apprehension of

a
299
to the person should be a If any man shall send any fillip challenge in writing, to the rr|iiit.ition, it were ûd that or any message of challenge. hearken untu the saying of Consalvo, If any man carry or deliver any writing or mes the great and famous commander, that was wont sage of challenge. to say, a gentleman s honour should be "de tela If any man shall accept or return a
dK
race, that a
mortal
wound
men
did
crassiore,"
every
little
it
now
siu-h
of a good strong warp or web, that thing should not catch in it; when as seems they are but of cobweb lawn, or
stuff,
liiflit
which certainly
is
weakness, and
challenge. If any man shall accept to be a second in a challenge of either side. If any man shall depart the realm, with inten tion and agreement to perform the fight beyond
the seas.
If any man shall revive a quarrel by any scan dalous bniits or writings, contrary to a former his majesty in that be proclamation published by
half.
not tnif greatness of mind, but like a sick man s body, that is so tender that it feels every thing. And so much in maintenance and demonstra
tion of the
wisdom and
justice of the law of the

I
land.
For the capacity of this court,
take this to be
Nay,
hear there be some counsel learned of
aground
is
infallible: that
wheresoever an offence
capital, or matter of felony, though it be not acted, there the combination or practice tending to that offence is punishable in this court as a
tell young men when they are before hand, and when they are otherwise, and thereby incense and incite them to the duel, and make an
duels, that
art of it; I
hope
shall
meet with some of them

lords, that this course of
So practice to empoison, high misdemeanor. though it took no effect; waylaying to murder, though it took no effect, and the like ; have been adjudged heinous misdemeanors, punishable in tliis court. Nay, inceptions and preparations in inferior crimes , that are not capital, as suborning and preparing of witnesses that were never de posed, or deposed nothing material, have likewise been censured in this court, as appeareth by the
decree in Garnon s case.
too: and I
am
sure,
my
preventing duels in nipping them in the bud, is clemency and providence than the suffer ing them to go on, and hanging men with their wounds bleeding, as they did in France. To conclude, I have some petitions to make, first
fuller of
to
I
your lordship, my lord chancellor, that in case be advertised of a purpose in any to go beyond
I
the sea to fight,
may have
granted his majesty s
writ
for
Why,
then, the major proposition being such,

;
the minor cannot be denied
every appoint
stop him; for this giant bestrideth the sea, and I would take and snare him by the foot on this side; for the com
of"
Ne
exeat
regnum" to
ment of the
field is but combination and plotting of murder; let them gild it how they list, they shall never have fairer terms of me in place of Then the conclusion followeth, that it justice. is a case fit for the censure of the court. And of
bination and plotting is on this side, though it should be acted beyond sea. And your lordship
said notably the last time I made a motion in this business, that a man may be as well "fur de se,"
this there be precedents in the very point of chal
lenge.
as felo de se," if he steal out of the realm for a bad purpose; as for the satisfying of the words of the writ, no man will doubt but he doth machi"
"
was the case of Wharton, plaintiff, against Ellekar and Acklam, defendants, where Acklam being a follower of Ellekar s, was censured for
It
nari contra coronam," as the
words of the writ
be,
that seeketh to
"contra
murder a subject; for that is ever coronam et dignitatem." I have also asuit
carrying a challenge from Ellekar to Wharton, though the challenge was not put in writing, but
delivered only by word of message; and there are words in the decree, that such challenges are to the subversion of government.
to
your lordships all in general, that for justice s sake, and for true honour s sake, honour of religion, law, and the king our master, against this fond
These things
are well
to
I
known, and
therefore I
and false disguise or puppetry of honour, I may, in my prosecution, which, it is like enough, may sometimes stir coals, which I esteem not for mj
particular, but as
needed not so much

but that in this case
have insisted upon them, would be thought not to
may,
it may hinder the good service, I say, be countenanced and assisted from
innovate any thing of my own head, but to follow the former precedents of the court, though I mean
your lordships. Lastly, I have a petition to the nobles and gentlemen of England, that they would to do it more thoroughly, because the time re learn to esteem themselves at a just price. Non hos quaesitum numus in usus," their blood is not quires it more. Therefore, now to come to that which concern- to be spilt like water or a vile thing; therefore, eth my part I say that, by the favour of the that they would rest persuaded there cannot be u king and the court, I will prosecute in this court form of honour, except it be upon a worthy matter.
"
in the
cases following.
field,
But
though the
for
this,
"ipsi
viderint,"
am
resolved.
snail appoint the fight he not acted or performed.
If
any man
And
thus
much
for the general,
now
to the
present
THE
DECREE OF THE STAR-CHAMBER

AOAIIfIT
DUELS.
IN
CAMERA STELLATA CORAM CONCILIO
IBIDEM,
26
JANUARH,
11 J.iC.
REGIS.
PRESENT,
George Lord Archbishop of Canterbury. Thomas Lord Ellesmere, Lord Chancellor of England. Henry Earl of Northampton, Lord Privy Sea). Charles Earl of Nottingham, Lord High Admiral of
England.
William Lord Knolles, Treasurer of the Household.
Edward Lord Wotton, Comptroller.

John Lord Stanhope, Vice-chamberlain.
Sir Edward Coke, Knight, Lord Chief Justice of England. Sir Henry Hobart, Knight, Lord Chief Justice of the Common Pleas. Sir Julius Ccesar, Knight, Chancellor of the Exchequer.
Thomas
E. of Suffolk, Lord Chamberlain.
John Lord Bishop of London. Edward Lord Zouch.
THIS day was heard and debated at large the jeveral matters of informations here exhibited by Sir Francis Bacon, knight, his majesty s attorneyWilliam Priest, gentle writing and sending a letter of challenge, together with a stick, which should be the length of the weapon: and the other against Richard
general, the one against
for
selves
the rather because
it
is
an offence that
doth justify itself against the law, and plainly gives the law an affront; describing also the
it draweth upon private by cutting off young men, otherwise of good hope and chiefly the loss of the king and the commonwealth, by the casting away of much for carrying and delivering the good blood, which, being spent in the field Wright, esquire, upon said letter and stick unto the party challenged, occasion of service, were able to continue the and for other contemptuous and insolent behaviour renown which this kingdom hath obtained in all used before the justices of the peace in Surry at ages, of being esteemed victorious. their sessions, before whom he was convented. Secondly, his majesty s said attorney-general Upon the opening of which cause, his highness s did discourse touching the causes and remedies
miserable effect which
man,
families,
said attorney-general did first give his reason to the court, why, in a case which he intended should be a leading case for the repressing of so
of this mischief, that prevailed so in these times ; showing the ground thereof to be a false and
great a mischief in the commonwealth, and con cerning an offence which reigneth chiefly amongst
imagination of honour and credit, according to the term which was given to those duels by a former proclamation of his majesty s,
erroneous
persons of honour and quality, he should begin with a cause which had passed between so mean persons as the defendants seemed to be ; which he said was done, because he found this cause ready published ; and in so growing an evil, he thought
which called them bewitching duels,
for that
it
was no
than a kind of sorcery, which enchanteth the spirits of young men, which beai great minds, with a show of honour in that which
better
good
to lose
no time
whereunto he added, that
it
no honour indeed ; being against religion, law, moral virtue, and against the precedents and ex
is
was not amiss sometimes to
amples of the best times, and valiantest nations of the world; which, though they excelled for prowess and military virtue in a public quarrel, tenance to leave it, when they saw it was taken yet know not what these private duels meant; up by base and mechanical fellows; but con saying, farther, that there was too much way and cluded, that he resolved to proceed without respect countenance given unto these duels, by the cours of persons for the time to come, and for the pre that is held by noblemen and gentlemen in com sent to supp.y the meanness of this particular case pounding of quarrels, who use to stand too punc
beat the dog before the lion; saying farther, that he thought it would be some motive for persons of high birth and coun
by insisting the longer upon the general point. Wherein he did first express unto the court at large, the greatness and dangerous consequence of this presumptuous offence, which extorted revenge out of the magistrate s hands, and gave boldness to private men to be lawtjivers to them-
upon conceits of satisfactions and distinc what is beforehand, and what is behind hand, which do but feed the humour: adding, likewise, that it was no fortitude to show valour in a quarrel, except there were a just and worthy ground of the quarrel but, that it was weakness
tually
tions,
;
300
STAR CHAMBER DECREE AGAINST DUELS.

10 set a
301
misdemeanor, although they never to be were it upon trifling occasions, which ou^lit performed. And, tin n tore, that practice to and sacrificed to honourable ser- empoison, though it took no effect, and the like. rattirr offered public mrrits, good causes, and noble have been punished in this court; and cited the HI! ventures. And, as concerning the remedies, he precedent in (Jarnon s case, wherein a crime of a f. iii-luded, that the only way was, that the state much inferior nature, the suborning and preparing \\ ould declare a constant and si tiled resolution to of witnesses, though they never were deposed, or
lift[
man
at so
mean
a rate as to
bestow
as
a high
uj>
vi<-e>,
master, and put down this presumption in private UK their own nf whatsoever decree, of right
!>,
in<;
wrongs, and
every
this to
do
at once; for,
that then
deposed nothing material, was censured in this court: whereupon he concluded, that foraMniu-ii as every appointment of the field is in law but a
combination of plotting of a murder, howsoever men might gild it; that, therefore, it was a case that the state takes his honour into their own fit for the censure of this court; and therein he hands, and standeth between him and any interest vouched a precedent in the very point, that in a or prejudice, which he might receive in his repu case between Wharton, plaintiff, and Ellekar and tation for obeying whereunto he added, likewise, Acklam, defendants; Acklam, being a follower of that the wisest and mildest way to suppress these Ellekar, had carried a challenge unto Wharton; duels, was rather to punish in this court all the and although it were by word of mouth, and not acts of preparation, which did in any wise lend by writing, yet it was severely censured by the to the duels, as this of challenges, and the like, court; the decree having words that such chal and so to prevent the capital punishment, and to lenges do tend to the subversion of government. vex the root in the branches, than to suffer them And, therefore, his majesty s attorney willed the to run on to the execution, and then to punish slanders by to take notice that it was no innova
j
i
particular man would think himself acquitted in his reputation, when that he shall see
them
capitally, after the
manner of France
where,
killed
of late times, gentlemen of great quality that had others in duel, were carried to the gibbet
tion lhat he brought in, but a proceeding accord ing to former precedents of the court, although he
with their wounds bleeding, lest a natural death should keep them from the example of justice.
did,
Thirdly, His majesty s said attorney-general by many reasons which he brought and
purposed to follow it more thoroughly than had been done ever heretofore, because ;he times did more and more require it. Lastly, his majesty s said attorney-general did declare and publish to the court in several articles, his purpose and reso
lution in
say, that if any man shall appoint the field, al no difference in punishment between an insidious though the fight be not acted or performed ; if any and foul murder, and the killing a man upon man shall send any challenge in writing, or mes The sage of challenge ; if any man shall carry or de challenge and fair terms, as they call it. liver any writing or message of challenge; if any other, for that the law hath not provided suffi cient punishment and reparation for contumely man shall acceptor return a challenge; if any man of words, as the lie, and the like wherein his shall accept to be a second in a challenge of majesty s said attorney-general did show, by either part; if any man shall depart the realm, many weighty arguments and examples, that the with intention and agreement to perform the fight law of England did consent with the law of God beyond the seas if any man shall revive a quar and the law of nations in both these points, and rel by any scandalous bruits or writings, contrary that this distinction in murder between foul and to a former proclamation, published by his ma fair, and this grounding of mortal quarrels upon jesty in that behalf; that in all these cases his uncivil and reproachful words, or the like dis majesty s attorney-general, in discharge of his graces, was never authorized by any law or duty, by the favour and assistance of his majesty ancient examples ; but it is a late vanity, crept in and the court, would bring the offenders, of what from the practice of the French, who themselves state or degree soever, to the justice of this court, since have been so weary of it, as they have been leaving the lords commissioners martial to the forced to put it down with all severity. more exact remedies adding farther, that he Fourthly, His majesty s said attorney-general heard there were certain counsel learned of duels, did prove unto the court, by rules of law and pre that tell young men when they are beforehand, cedents, that this court hath capacity to punish and when they are otherwise, and did incense and and accepting of challenges, though they incite them to the duel, and made an art of it ; who sending were never acted nor executed ; taking for a likewise should not be forgotten. And so con ground infallible, that wheresoever an offence is cluded with two petitions, the one in particular to the lord chancellor, that in case advertisement capital or matter of felony, if it be acted and per formed, there the conspiracy, combination, or were given of a purpose in any to go beyond the
: :
alleged, free the law of England from certain vain and childish exceptions, which are taken by these duellists the one, because the law makes
what cases he did intend
to
;
prosecute
that is to
offences of that nature in this court
practice tending to the
same
offence, is punishable
seas to fight, there might be granted hismaje-iy a
2C
302
writ of
"Ne
STAR CHAMBER DECREE AGAINST DUELS.

exeat
are trustee with the preservation of regnum" against him; and justices that the Other to the lord* in general, that be might be th0 peace, are not able to master and repress assisted and countenanced in this service. those offences, which were by the court at large
I
After which opening and declaration of the geml cause, his majesty s said attorney did pro ceed to sei forth the proofs of this particular chal
iii
set forth, to be not only against the

to
law of God,
<iu<>iii>t
lenge and offence now in hand, and brought to the judgment and censure of this honourable jesty, for that the subject doth swear unto him by court; whereupon it appeared to this honourable the ancient law allegiance of life and member ; court, by the confession of the said defendant, whereby it is plain inferred, that the subject hath
Priest himself,
that
his substitutes, all revenge belongeth, as part of his prerogative, but also the oath and duty of every subject unto his ma
whom, and
he having received some
disgrace at the hands of one Hutchest, did thereupon, in revenge thereof, write a letter
wrong and
to the said
fight
Hutchest, containing a challenge to with him at single rapier, which letter the
Priest did
deliver to the
said
said
defendant,
no disposing power over himself of life and member to be spent or ventured according to his own passions and fancies, insomuch as the very practice of chivalry in justs and tournays, whicli are but images of martial actions, appear by ancient precedents not to be lawful without the
Wright, together with a stick containing the king s license obtained. The court also noted, length of the rapier, wherewith the said Priest that these private duels or combats were of an meant to perform the fight. Whereupon the other nature from the combats which have been said Wright did deliver the said letter to the allowed by the law, as well of this land as of said Hutchest, and did read the same unto him ; other nations, for the trial of rights or appeals. and after the reading thereof, did also deliver to For that those combats receive direction and au the said Hutchest the said stick, saying, that the thority from the law whereas these, contrariwise, same was the length of the weapon mentioned in spring only from the unbridled humours of pri the said letter. But the said Hutchest, dutifully vate men. And as for the pretence of honour,
;
respecting the preservation of his majesty s peace, did refuse the said challenge, thereby no farther mischief did ensue thereupon.
the court
much mislikingthe confusion
of degrees
which
is
grown of late, every man assuming unto

and condemn the opinion that the
himself the term and attribute of honour, did

utterly reject
This honourable court, and
all
the honourable
presence this day sitting, upon grave and mature deliberation, pondering the quality of these ofthey generally approved the speech and observations of his majesty s said attorney-ge
t ences,
private duel, in any person whatsoever, had any grounds of honour; as well because nothing can
be honourable that
is
not lawful, and that
it is
no
neral, and highly commended his great care and good service in bringing a cause of this nature to public punishment and example, and in pro fessing a constant purpose to go on in the like course with others letting him know, that he might expect from the court all concurrence and assistance in so good a work. And thereupon the court did by their several opinions and sen
:
magnanimity or greatness of mind, but a swell ing and tumour of the mind, where there faileth a right and sound judgment as also for that it was rather justly to be esteemed a weakness, and a
;
conscience of small value in a
man
s self to
be de
jected so with a word or trifling disgrace, as to think there is no recure of it, but by the hazard of
in persons that know worth, is not of any such brittle sub but of a more strong composition. And, stance, settled reso finally, the court, showing a firm and
life
:
whereas true honour,
their
own
imported the peace and prosperous estate of his majesty and his king dom, to nip this practice and offence of duels in the
it
tences declare
how much
lution to proceed with all severity against these

all
head, which
versal,
now did overspread and grow uni duels, and gave warning to even among mean persons, and was not gentlemen, that they should
:
young noblemen
framed into a kind of

chief
is
only entertained in practice and custom, but was art and precepts so that, mis according to the saying of the Scripture,
"
not expect the like connivance or toleration as formerly have been, but that justice should have a full passage, with
out protection or interruption.
Adding, that
after
imagined one consent did declare their opinions

law."
like a
And
the court with

:
that,
by
a strait inhibition, whosoever should attempt a challenge or combat, incase where the other party
the ancient law of the land, all inceptions, prepa
and combinations to execute unlawful acts, though they never be performed, as they be not to be punished capitally, except it be in the case nf treason, and some other particular cases of sta tute law ; so yet they are punishable as misde meanors and contempts and that this court was proper for offences of such a nature ; especially in this case, where the brav?ry and insolency of the tunes are such as the ordinary magistrates and
rations,
:
was restrained to answer him, as now all good subjects are, did by their own principals receive the dishonour and disgrace upon himself.
And
for the
present cause, the court hath ordered,
adjudged, and decreed, that the said William Priest and Richard Wright be committed to the to pay five prison of the fleet, and the said Priest hundred pounds, and the said VV ri^ht five hundred
marks,
,
for their several fines to his
And
to the
majesty s use. end, that some more public example
CHARGE AGAINST
rn.iy
tlir
lie
MR. OLIVER ST. JoliV
30. 1
majesty s people, and decreed, tliat tin- said I riest ami \\ ii jht shall, at the next assizes, to be holden in the county of Surry,
liis
in n!r hereof amongst

lialli
court
further ordered
so have ordered and decreed, that the same be m only read ami published at the next assizes for Snrry, at such time as the said I riest and Wright
are to
publicly,
iii
f.ice
acknowledge
of the court, the judges sitting, oll ence tlieir lli^ll contempt and
against God, his majesty, and his laws, and themselves penitent for the same.
show
acknowledge their offences as aforesaid hut same be likewise published and made known in all shires of this kingdom. And to that end the justices of assizes are required by
;
that the
Moreover, the wisdom of this high and honour able court thought it meet and necessary that all sorts of his majesty s subjects should understand and take notice of that which hath been said and
this honourable court to cause this decree to be solemnly read and published in all the places and sittings of their several circuits, and in the great
est
handled this day touching this matter, as well by his highness s attorney-general, as by the lords touching the law in such cases. And, therefore, the court hath enjoined Mr. Attorney to
.
to the end, that all his majesty s take knowledge and understand the opinion of this honourable court in this case, and
assembly
subjects
may
in
what measure
his majesty
and this honour
able court purposeth to punish such as shall fall into the like contempt and offences hereafter.
to the penning of tins decree, for Lastly, this honourable court much approving that, the setting forth in the same summarily the matters which the right honourable Sir Edward Coke, and reasons which have been opened and delivered knight, Lord Chief Justice of England, did now by the court touching the same ; and, nevertheless, deliver touching the law in this case of duels, also at some time convenient to publish the par- hath enjoined his lordship to report the same
have special care
ticulars
speech and declaration, as very in print, as he hath formerly done divers other to be remembered and made cases, that such as understand not the law in known unto the world, as these times are. And that behalf, and all others, may better direct this decree, being in such sort carefully drawn themselves, and prevent the danger thereof here
of his
meet and worthy
and penned, the whole court thought
it
meet, and after.
THE CHARGE GIVEN

HIS
MAJESTY
ATTORNEY-GENERAL,
MR.
OLIVER SAINT JOHN,
rOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS, LETTERS SENT FROM THE tvjRDS OF THE COUNCIL, TOUCHING THE BENEVOLENCE.
Mr
LORD.T,
against this gentleman, Mr. I. S. ; a gentleman, as it seems, of an ancient house and name; but, for the present, I
"
I shall
inform you
ore
tenus,"
king our sovereign, the law of the land, the parliament, and infinite particulars of his majesty s worthy and loving subjects. Nay, the slander is
of that nature, that
it
may seem
to interest the
can think of him by no other name, than the name of a great offender. The nature and quality of his offence, in sum, is this: This gentleman hath,
people in grief and discontent against the slate ; whence might have ensued matter of murmur and
sedition.
So
that
it is
not a simple slander, but a
upon advice, not suddenly by

slip of his
tongue
his pen, nor by the not privately, or in a corner,
seditious slander, like to that the poet speaketh.

"Calamosque armare veneno." dart, that hath both iron and poison
of
A venomous
hut publicly, as it were, to the face of the king s ministers and justices, slandered and traduced the
To open
to
your lordships the true slate of this
304
CHARGE AGAINST
MR. OLIVER ST. JOHN.

points: I will number thpm, because olht-i note them; ami 1 will hut lunch them, because they shall not be drowned or h st in dis.
five
I
offence, I will set before you, first, the occasion whereupon .Mr. I. S. wrought: then the offence
itself, in his
men may
own words:
and, lastly, the points of
his charge.
My
lords,
the last parliament an expectation to have had the king supplied with treasure, although the event failed. Herein it is not fit for me to give opinion
course, which I hold worthy the observation, m you may remember that there was the honour of the state and confusion of slander, ers whereby it will appear most evidently what care was taken, that that which was then done might not have the effect, no, nor the show, no,
;
of a
House of Parliament, but I will give testi- nor so much as the shadow of a tax; and that it mony of truth in all places. I served in the was so far from breeding or bringing in any ill Lower House, and I observed somewhat. This I precedent or example, as, contrariwise, it is a cordo
affirm, that I
there
was
in that
to
give, and
never could perceive but that rective that doth correct and allay the harshness House a general disposition to and danger of former examples, The first is, that what was done was done imgive largely. The clocks in the
;
fast,
House perchance might differ; some went too mediately after such a parliament, as made genesome went too slow but the disposition to ral profession to give, and was interrupted by so I think I may truly say, accident so as you may truly and justly esteem it, give was general
: :
"
solo tempore lapsus
amor."
tanquam posthuma proles
parliament,"
as an
This accident happening thus beside expectation, it stirred up and awaked in divers of his majesty s worthy servants and subjects of the clergy, the nobility, the court, and others here near at hand, an affection loving and cheerful, to
present the king, some with plate, some with mo ney, as free-will offerings, a thing that God Al mighty loves, a cheerful giver: what an evil eye
after-child of the parliament, and in pursuit, in some small measure, of the firm intent of a par-
liament past. You may take it also, if you will, as an advance or provisional help until a future or as a gratification simply, without parliament; any relation to a parliament; you can no ways
take
it
amiss.
is,
The second
that
it
wrought upon example,
doth
know
not.
:
And,
it plainly unto you be so wretched as to think that the obligation of were never moved nor dealt with, "ex mero love and duty, from the subject to the king, motu," had freely and frankly sent in their should be joint and not several. No, my lords, presents. So that the letters were rather like
speak God forbid anybody should
my
lords, let
me
as a thing not devised or projected, or required; no, nor so much as recommended, until many that
both. The subject petitioneth to the king in letters of news, what was done at London, than He petitioneth likewise out of par otherwise: and we know "exempla ducunt, non parliament. liament. The king on the other side gives graces trahunt:" examples they do but lead, they do to the subject in parliament: he gives them like not draw nor drive. The third is, that it was not done by commis wise, and poureth them upon his people out of
it is
parliament; and so, no doubt, the subject may give to the king in parliament, and out of par
liament.
It is
sion under the great seal ; a thing warranted by a multitude of precedents, both ancient, and of
late time, as you shall hear anon, and no doubt warranted by law so that the commissions be of that style and tenor, as that they be to move and not to levy: but this was done by letters of
:
true the parliament
is
"
inter-
the great intercourse and main current of graces and donatives from the king to the people, from the people to the king but par
cursus
magnus,"
liaments are held but at certain times; whereas the passages are always open for particulars;
the council, and no higher hand or form. The fourth is, that these letters had no
:
manner
even as you see great rivers have their tides, but of show of any binding act of state for they particular springs and fountains run continually. contain not any special frame or direction how the To proceed, therefore: As the occasion, which business should be managed ; but were written
I
was the failing of supply by parliament, did as upon trust, leaving the matter wholly to the awake the love and benevolence of those that industry and confidence of those in the country; were at hand to give; so it was apprehended and so that it was an "absque computo^" such a thought fit by my lords of the council to make a form of letters as no man could fitly be called to
proof,
whether the occasion and example both account upon. would not awake those in the country of the bet The fifth and
ter sort to follow.
Whereupon, their lordships devised and directed letters unto the sheriffs and which declared what was done here justices,
last point is, that the whole car riage of the business had no circumstance corn-
pulsory. There was no proportion or rate set down, not so much as by way of a wish; tnere above, and wished that the country might be was no menace of any that should deny; no re moved, especially men of value. proof of any that did deny; no certifying of the Now, my lords, I beseech you give me favour names of any that had denied. Indeed, if men and attention to set forth and observe unto you could not content themselves to deny, but that
!
CHMMJE AGAINST
MR. OLIVER ST. JOHN.

j
305
they must censure and inveigh, not to excuse themselves, hut they must BCCOM the state, th.it Hut say, for <lenyiii _r man is another case.
1 .
n<>
more sorry they should be passed without severu on tradile facturn," as the VTM: punishment:
"N
says, altered a
little,
"aut
si
traditis, faeti
mn>-
was apprehended,
that
tin,
nor lifted.
S.. tliat
verilv
que
to
tradite
pcenam."
If
any man have a mind
can
think, in the controversy of "liheruin arbitrium," that witli all his distinctions fasten or carp upon
is
there
none so suhtle a disputer
discourse of the fact, let him likewise discourse of the punishment of the fact.
ster
the act, hut that there

I
was
free-will in
it.
conclude, therefore,
my
lords, that this
was
a
j
is
In this writing, my lords, there appears a mon with four heads, of the progeny of him that the father of lies, and takes his name from
first is
and pure benevolence; not an imposition called a henevolence; which the statute speaks you shall hear by one of my fellows.
tnie
slander.
There is a great dillerence, I tell Pilate would not see it, hetween
rum"
"
you, though Rex Judseo-
and
is
"se
dicens
Kegem
.ludmorum."
And
a wicked and seditious slander; or, use the Scripture phrase, a blaspheming of the king himself; setting him forth for a prince perjured in the great and solemn oath of his coro. nation, which is as it were the knot of the dia
if I shall
The
a great dilTerence hetween a benevolence and an exaction called a henevolence, which the
there
dem; a prince
that should be a violator and in-
Duke
of
Buckingham speaks of
in his oration to
fringer of the liberties, laws, and customs of the kingdom ; a mark for a Henry the Fourth ; a
the city; and defineth it to be not what the subject of his good-will would give, but what the
match
for a
The second
ble
:
Richard the Second. is a slander and
falsification,
and
king of his good-will would take. But this, I say, was a benevolence wherein every man had a prince s prerogative, a negative voice; and this
word,
"excuse
wresting of the law of the land gross and palpa

it
is
gum
pessima,"
truly said by a civilian, "Tortura lethe torture of laws is worse than
And,
therefore,
was a plea peremptory. moy," I do wonder how Mr. I. S. could

;
the torture of men.
The
third
is
a slander and false charge of the
foul or trouble so clear a fountain
certainly
it
was
but his
own
bitterness and
unsound humours.
:
parliament, that they had denied to give to the king; a point of notorious untruth.
Now
to the particular
charge
countries, these letters of the lords

justices of
Amongst other came to the
And
infinite
the last
is
a slander and a taunting of an

s
number of the king
loving subjects, that
shire,
who
signified the contents
thereof, and gave directions and appointments for meetings concerning the business, to seve ral towns and places within that county: and amongst the rest, notice was given unto the town of A. The Mayor of A. conceiving that this Mr. I. S. being a principal person, and a dweller in that town, was a man likely to give both money and good example, dealt with him to know his mind he intending, as it seems, to play prizes, would give no answer to the mayor in private, but would take time. The next day then being an appointment of the justices to meet, he takes occasion, or pretends occasion to be absent, be cause he would bring his papers upon the stage: and thereupon takes pen in hand, and, instead of
:
have given towards this benevolence and free contribution ; charging them as accessary and co adjutors to the king s perjury. Nay, you leave us not there, but you take upon you a pontifical habit, and couple your slander with a curse but, thanks be to God, we have learned sufficiently out
;
of the Scripture, that "as the bird flies away, so the causeless curse shall not come."
For the first of these, which concerns the king, have taken to myself the opening and aggrava tion thereof; the other three I have distributed to
I
my
fellows.
lords, I cannot but enter into this part
My
with
excusing himself, sits down and contriveth a se ditious and libellous accusation against the king is comparable, if not incomparable, unto any of and state, which your lordships shall now hear, the kings his progenitors. This, therefore, gives and sends it to the mayor: and, withal, because me a just and necessary occasion to do two things the feather of his quill might fly abroad, he gives The one, to make some representation of his authority to the mayor to impart it to the justices, majesty such as truly he is found to be in his if he so thought good. And now, my lords, be government, which Mr. I. S. chargeth with vio cause I will not mistake or misrepeat, you shall lation of laws and liberties: The other, to search hear the seditious libel in the proper terms and and open the depth of Mr. I. S. his offence. Both words thereof. which I will do briefly; because the one. I can not express sufficiently; and the other, I will not (Here the papers were read.)
:
\
some wonder and astonishment, how it should come into the heart of a subject of England to vapour forth such a wicked and venomous slan der against the king, whose goodness and grace
press too
far.
your ears much, and the ears of any good subject; and sorry I am that the times should produce offences of this nature but since they do, I would be VOL. II. 39
lords, I
:
MY
know
this paper offends
My
lords, I
mean
to
make no panegyric
or lau
dative; the king delights not in it, neither am 1 but if it were but a counsellor or noble fit for it
:
man, whose name had
suffered,
and were
to
2c2
30*
receive
I
CHARGE AGAINST
MR. OLIVKR ST. JOHN.
some kind of reparation in this high court, so oft with his judges, as my lords that sit hero would do him that duty as not to pass his merits know well. Thajudges are a kind of council of *nd just attributes, especially such as are limited the king s by oath and ancient institution but with the present case, in silence: for it is fit to he useth them so indeed he confers regularly hum incense where evil odours have been cast with them upon their returns from their visitations and raised. Is it so that King James shall be and circuits; he gives them liberty, both to inform 8-,iitl to be a violator of the liberties, laws, and him, and to debute matters with him and in the i.ustmiis of his kingdoms ? Or is he not rather a fall and conclusion commonly relies on then uoble and constant protector and conservator of opinions. As for the use of the prerogative, it runs within them all ] I conceive this consisteth in mainthe ancient channels and banks some things that tuining religion and the true church; in main taining the laws of the kingdom, which is the were conceived to be in some proclamations, com missions, and patents, as overflows, have been by subject s birthright: in temperate use of the pre his wisdom and care reduced; whereby, no doubt, rogative; in due and free administration of jus the main channel of his prerogative is so much the tice, and conversation of the peace of the land. ever acknowledge, in the stronger. For evermore overflows do hurt the For religion, we must first place, that we have a king that is the prin channel. As for administration of justice between party cipal conservator of true religion through the Christian world. He hath maintained it not only and party, I pray observe these points. There is with sceptre and sword, but likewise by his pen; no news of great seal or signet that flies abroad for countenance or delay of causes wherein also he is potent. protections He hath awaked and re-authorized the whole rarely granted, and only upon great ground, or by consent. My lords here of the council, and the party of the reformed religion throughout Europe which, through the insolency and divers artifices king himself meddle not, as hath been used in former times, with matters of "meum" and and enchantments of the adverse part, was grown a little dull and dejected He hath summoned tuum," except they have apparent mixture with the fraternity of kings to enfranchise themselves matters of estate, but leave them to the king s from the usurpation of the see of Rome He courts of law or equity. And for mercy and grace, nath made himself a mark of contradiction for it. without which there is no standing before justice, Neither can 1 omit, when I speak of religion, to we see, the king now hath reigned twelve years remember that excellent act of his majesty, which, in his white robe, without almost any aspersion though it were done in a foreign country, yet the of the crimson dye of blood. There sits my Lord I church of God is one, and the contagion of these Hobart, that served attorney seven years. I mean, in served with him. We were so happy, as there things will soon pass seas and lands his constant and holy proceeding against the passed not through our hands any one arraign heretic Vorstius, whom, being ready to enter into ment for treason; and but one for any capital the chair, and there to have authorized one of the offence, which was that of the Lord Sanquhar; most pestilent and heathenish heresies that ever the noblest piece of justice, one of them, that ever
;
:
"
his majesty by his constant opposition came forth in any king s time. As for penal laws, which lie as snares upon the dismounted and pulled down. And I am persuaded there sits in this court one whom God doth the subjects, and which were as a nemo scit" to rather bless for being his majesty s instrument in King Henry VII. ; it yields a revenue that will
"
was begun,
scarce pay for the parchment of the king s records cannot remember religion and the church, but at Westminster. I must think of the seed-plots of the same, which And, lastly, for peace, we see manifestly his are the universities. His majesty, as, for learning majesty bears some resemblance of that great
that service.
I
amongst kings, he
is incomparable in his person ; so likewise hath he been in his government a benign or benevolent planet towards learning by
:
name,
"
a prince of peace
:"
he hath preserved
his subjects during his reign in peace, both with in and without. For the peace with states
whose
influence those nurseries and
gardens of
learning, the universities, were never flower nor fruit.
more
in
we have it "usque ad satietatem and peace in the lawyers phrase, which count and forces, and riots, to be contra trespasses,
abroad,
for
:"
"
For the maintaining of the laws, which is the pacem let me give your lordships this token or hedge and fence about the liberty of the subject, I taste, that this court, where they should appear, may truly affirm it was never in better repair. He had never less to do. And, certainly, there is no loth concur with the votes of the nobles: "Nolu- better sign of "omnia bene," than when this mus leges Angliae mutare." He is an enemy of court is in a still. innovation. Neither doth the universality of his But, my lords, this is a sea of matter: and own knowledge carry him to neglect or pass over therefore I must give it over, and conclude, that forms of the laws of the land. Neither was there was never king reigned in this nation that tnevery tlioie ever king, I am persuaded, that did consult did better keep covenant in preserving the liberties
;"
;
CHAK(.K AGAINST MU. I.r.MSDEN, ETC.

and procuring luust needs say
"
307
lie
tin-
good of his people so that for the subjects of England,

:
upon
ilie
the block; and that

sit
would sooner have
ravens
upon his head at London bridge,
your interlacing of your "God forbid," that will as no doubt they do both know and acknowledge salve tlie.se seditious speeches; neither could it hi- a forewarning, because the matter was it; whatsoever a few turbulent discimrs.-i-. m.iy, past hroiijrh the lenity of tbe time, take boldness to and not revocable, but a very stirring up and
speak.
than the crown at Westminster.

fortunaloi nliulum iua
li
And
it
i-,
not
buni norint
;"
incensing of the people.

as for this
parti<Mil;ir,
If
should say to you,

like
And
touching the benevo
for
example,
"If
these times were
some
lence, wherein Mr. of covenant,

I
I.
S. doth assign this breach

to others to tell
former times, of King Henry VIII., or somu other
you what the times, (which God forbid !) Mr. I. S., it would king may do, or what other kings have done but cost you your life; I am sure you would not think 1 have told you what our king and my lords have this to be a gentle warning, but rather that I done which I say and say again, is so far from incensed the court against you.
leave
it
:
:
intr.
"luring
new
precedent, as
it
doth rather
And
for
your comparison with Richard
II., I
correct,
and
mollify,
I.
and qualify former pre
cedents.
see you follow the example of them that brought him upon the stage, and into print, in Queen
me tell you your fault in Elizabeth s time, a most prudent and admirable am persuaded you see it queen. But let me entreat you, that when you already, though I woo no man s repentance; but will speak of Queen Elizabeth or King James, I shall, as much as in me is, cherish it where I you would compare them to King Henry VII., or
Now, Mr.
:
S., let
few words
for that I
find
matter in parables, or by tropes or examples. king There is a thing in an indictment called an No greater inuendo; you must beware how you beckon or perjured in his coronation oath. offence than perjury ; no greater oath than that make signs upon the king in a dangerous sense; of a coronation. I leave it: it is too great to but I will contain myself, and press this no farther.
it. Your offence hath three Your slander, Your menace, and Your comparison.
parts knit together
King Edward
I.,
or
some
other parallels to which
they are alike. And this I would wish both you and all to take heed of, how you speak seditious
For your slander,
it is
no
less than that the
is
aggravate.
or I cannot
is
tell
Your menace,
I may hold you for turbulent or presumptuous ; were a Bullingbroke, but I hope you are not disloyal you are graciously what, there were matter for him, and mercifully dealt with. And, therefore, having
that if t .iere
that
a very seditious passage. You know well, howsoever Henry the Fourth s act, by a secret
now opened to my lords, and, as I think, own heart and conscience, the principal
to
your
providence of God, prevailed, yet it was but a your offence, which concerns the king, I usurpation ; and if it were possible for such a one rest, which concerns the law, parliament, and the to be this day, wherewith it seems your dreams subjects that have given, to Mr. Serjeant and Mr.
are troubled, I do not doubt, his end
part of leave the
would be
Solicitor.
THE CHARGE

THE KING
S
ATTORNEY-GENERAL,
AOA1N8T
MR. LUMSDEN, SIR JOHN
WENTWORTH, AND
SIR
JOHN HOLLES,
FOR SCANDAL AND TRADUCING OF THE KING S JUSTICE IN THE PROCEEDINGS AGAINST WESTON, IN THE STAR CHAMBER, TENTH NOVEMBER, 1615.
THK: offence wherewith
shall charge the three
offenders at the bar, is a misdemeanor of a lu^li nature, tending to the defacing and scandal of
j
The king amongst many his princely virtues is known to excel in that proper virtue of the impeI
justice in a great cause capital. is this : ciidrjre.
The
particular
It is a royal virtue, throne, which is justice. which doth employ the other three cardinal virtnea
rial
in her service
wisdom
to discover,
and discern
308
CHARGE AGAINST MR. LUMSDEN,

laid
for the
ETC.
nocent or innocent; fortitude to prosecute and execute; temperance, so to carry justice as it be not passbnate in the pursuit, nor confused in
involving persons upon light suspicion, nor pre For this his majesty s virtue of cipitate in time. justice, God hath of late raised an occasion, and
erected, as
it
child, and killed the child
mother, and was taken up by tne and so in that noto

:
were, a stage or theatre,
much
to
his honour, for
him
to
show
it,
and act
in the
pursuit of the untimely death of Sir Thomas Overbury, and therein cleansing the land from
blood.
For, my cry to heaven in God defiled with poison.
lords, if
blood spilt pure doth s ears, much more blood
whereupon the statute of 22 Henry VIII., chap. 9, was made, where the intent being to poison but one or two, poison was put into a little vessel of barm that stood in the kitchen of the Bishop of Rochester s house ; of which barm pottage or gruel was made, wherewith seventeen of the bishop s family were poisoned nay, divers of the poor that came to the bishop s gate, and had the broken pottage in alms, were likewise
rious case,
:
This great work of his majesty s justice, the more excellent it is, your lordships will soon have no enemies; nor I have nothing that any conclude tho greater is the offence of any that body should long for "Why, that is all one for have sought to affront it or traduce it. And, he may sit at table by one for whom poison is
:
And, therefore, if any man will com poisoned. fort himself, or think with himself, Here is great talk of impoisonment, I hope I am safe; for I
;
therefore, before I descend
unto the charge of prepared, and have a drench of his cup, or of his
pottage.
these offenders, I will set before your lordships, the weight of that which they have sought to impeach ; speaking somewhat of the general
And
so, as
alieno vulnere
;"
the poet saith, "concidit infelix he may die another man s death.
crime of impoisonment, and then of the particular And, therefore, it was most gravely, and judi circumstances of this fact upon Overbury ; and, ciously, and properly provided by that statute,
and chiefly, of the king s great and worthy care and carriage in this business. The offence of impoisonment is most truly
thirdly,
that impoisonment should be high treason; be cause whatsoever offence tendeth to the utter subversion and dissolution of human society, is
figured in that device or description, which was made of the nature of one of the Roman tyrants,
that he
sanguine mingled or cemented with blood
was
"lutum
maceratum,"
:
for,
as
it
of the highest offences in guiltiness, so it basest of all others in the mind of the offenders.
in the nature of high treason. Lastly, it is an offence that I may truly say of mire it, non est nostri generis, nee sanguinis." It is, is one thanks be to God, rare in the isle of Britain it is is the neither of our country, nor of our church ; you
:
Treasons
"magnum aliquid spectant:"
they aim
tell
at great things; but this is vile
your lordships what
and base. I have noted, that in
There is a region, find it in Rome or Italy. or perhaps a religion for it: and if it should come amongst us, certainly it were better living in a
may
all
wilderness than in a court.
God
I
book, both of the Old and New Testament, find examples of all other offences and offenders
s
For the particular

for the
fact
upon Overbury.
:
First,
I
person of Sir
Thomas Overbury
knew
It is true, his mind was great, any one of an impoisonment the gentleman. I find mention of fear of or an impoisoner. but it moved not in any good order; yet, certainly casual impoisonment: when the wild vine was it did commonly fly at good things ; and the shred into the pot, they came complaining in a greatest fault that I ever heard of him, was, that
in the world, but not
fearful
find
"
manner; Master, mors in olla." And I mention of poisons of beasts and serpents ; the poison of asps is under their lips." But I find no example in the book of God of impoison ment. I have sometimes thought of the words in the psalm, "let their table be made a snare." Which certainly is most true of impoisonment; for the table, the daily bread, for which we pray,
"
he made his friend his

Sir
idol.
But
leave him as
Thomas Overbury.
But take him as he was, the king s prisoner in the tower; and then see how the case stands. In
that place the state is as it were respondent to make good the body of a prisoner. And, if any to him there, it may, though not in
thing happen
this case, yet in some others, make an aspersion turned to a deadly snare: but, I think rather,! and reflection upon the state itself. For the per that that was meant of the treachery of friends son is utterly out of his own defence ; his own that were participant of the same table. can serve him nothing. He care and providence But let us go on. It is an offence, my lords, is in custody and preservation of law ; and we
is
that hath the

perficiendi,"
two spurs of offending;
"
spes have a
and "spes celandi:" it is easily committed, and easily concealed. It is an offence that is "tanquam sagitta nocte volans it is the arrow that flies by It night.
;"
know,
that
maxim in when
our law, as
a state
is in
my
lords the judges
nothing can destroy it, forbid but the like should be for the persons of those that are in custody of law ; and therefore
preservation of law, And God or hurt it.
discerns not
whom
it
hits
for
many
poison
is laid for qjie,
and the other takes
times the this was a circumstance of great aggravation. it as I/ .stly, to have a man chased to dnith in such
;
in Saniiers s case,
where the poisoned apple was manner, as
it
appears
now by
matter of record
CHAIK.F. AGAINST
for other
p.
.1^1.11
Mli.
U
I
MSDEN, ETC.
may
truly affirm, that there
in
309
was never
in
privacy of the cause

U"ii
;
know
not,
by
it
it.
think,
this
al t-r p
lir-t
i-,eaker,
then arsenic,
is
then mercury sublimate, then sublimate, again ; a thing \viuilil astonish man s nature to bear
any other kingdom, the blood of a private gentleman vindicated "cum

say better, "cum tanlo had concerned the king or nor prince, there could The term better commissioners to examine it. hath been almost turned into a "justitium," or vacancy ; the people themselves being more willing to be lookers on in this business, than to follow their own. There hath been no care of discovery omitted, no moment of time lost. And,
rejriii,"
kingdom, nor
lanto motii
or, to
Tiie poets feign, that the Furies had whips, that

v were corded with poisonous snakes; and a man would think that this were the very case, to b ive a man tied to a post, and to scourge him to death with snakes; for so may truly be termed
tii.
plausu
regni."
If
it
not have been greater
diversity of poisons. Now 1 will come to that

that
is,
which
is
the principal
his majesty s princely, yea, and, us I may truly term it, sacred proceeding in this cause. Wherein I will speak of the temper of his justice,
therefore,
of Solomon,
will conclude this part with the saying Gloria Dei celare rem, et gloria
"
ami
of the strength thereof. First, it pleased my lord chief justice to let me that which 1 heard with great comfort, kn*w,
ilii-n
regis scrutari rem." And his majesty s honour is much the greater for that he hath showed to the
that his majesty gave to himself h rst, and afterwards to the commissioners in this case, worthy certainly to be written in
whh-h was the charge
world in this business, as it hath relation to my Lord of Somerset, whose case in no sort I do pre
judge, being ignorant of the secrets of the cause, but taking him as the law takes him hitherto, for
wherein his majesty did forerank prime direction, that it should be carried, without touch to any that was innocent; nay, more, not only without impeachment, but without aspersion which was a most noble and princely caution from his majesty ; for men s re putations are tender things, and ought to be, like And it was the Christ s coat, without seam. more to be respected in this case, because it met with two great persons; a nobleman that his majesty had favoured and advanced, and his lady, being of a great and honourable house: though I
letters of gold,
it
a subject,
and make
his
I say, the king hath to his great honour showed, that were any man, in such a case of blood, as the signet upon his right hand, as the Scripture says, yet would he put him off.
Now
will
come
to the particular
charge ot
these gentlemen, whose qualities and persons I respect and love; for they are all my particular friends : but now I can only do this duty of a
friend to them, to the full.
make them know

first, I
their fault to
And,
therefore,
will
by way
of narrative
think
it
be true that the writers say, That there
is
declare to your lordships the fact, with the occa sion of it; then you shall have their confessions
read,
no pomegranate so fair or so sound, but may have a perished kernel. Nay, I see plainly, that
in those excellent papers of his
upon which you are

collateral
with some
to
to proceed, together testimonies by way of
majesty
own
handwriting, being as so many beams of justice issuing from that virtue which doth shine in him;
say, 1 see it was so evenly carried, without pre judice, whether it were a true accusation of the one part, or a practice of a false accusation on the
I
I will note and observe your lordships the material points which I do insist upon for their charge, and so leave them to their answer and this I will do very briefly, for
aggravation: and, lastly,
the case is not perplexed.
That wretched man, Weston, who was the actor

or mechanical party in this impoisonment, at the first day being indicted by a very substantial jury
showed plainly that his majesty s judg ment was tanquam tabula rasa," as a clean pair
other, as
"
of tables, and his ear "tanquam janua aperta," as a gate not side open, but wide open to truth, as it should be by little and little discovered. Nay, I
see plainly, that, at the break forth, his majesty
first
first, till
of selected citizens, to the
number of
nineteen,
who
first
found
it
"
billa
vera,"
stood mute:
yet, nevertheless, at the but after some days intermis

to cast out the
farther light did
sion,
pleased
God
dumb
devil,
;
tale,
moved with the and that he did put himself upon his trial and which he vouchsafeth not so much as was, by a jury also of great value, upon his con
was
little
it
the
is
name
of a tale; butcalleth
a rumour, which
a heedless tale.
As
for the strength or resolution of his

1
majesty s
fession, and other testimonies, found guilty: so as thirty-one sufficient jurors have passed upon him. Whereupon judgment and execution wa
must tell your lordships plainly; I do justice, not marvel to see kings thunder out justice in cases of treason, when they are touched them vindices doloris selves; and that they are
"
awarded against him.

Overbury
s father,
After this, being in pre paration for another world, he sent for Sir John
and
falling
down
his
up<>n
but that a king should, pro amore only, contrary to the tide of his own affection, for the preservation of his people, take Biich care of a cause of justice, that is rare and
"
proprii
:"
justitia-"
knees, with great remorse and compunction, asked him forgiveness. Afterwards, again, of his own motion, desired to have his like prayer of forgive
sent.
ness recommended to his mother, who was ab And at both times, out of the abundance of
worthy
to
be celebrated
far
and near.
For,
his heart, confessed that he
was
to die justly,
and
310
that he
CHARGE AGAINST
was worthy of death. And after, again, which is a kind of sealing-time
at
MR. LUMSDEX, ETC.
ships, that this infusion of a slander into a king g ol i-iir, isot all forms of libels and slanders the worst. even at the point of death, aHhougl It is true, that kings may keep secret their inform confessions, there were tempters about him, as you shall hear ations, and then no man ought to inquire after hy-and-by, yet he did again confirm publicly, them, while they are shrined in their breast. But that his examinations were true, and that he had where a kino- is pleased that a man shall answer been justly and honourably dealt with. Here is for his false information; there, I say, the false The information to a king exceeds in offence the false the narrative, which induceth the charge.
his execution,
charge
itself is this.
Mr. L., whose offence stands alone single, the offence of the other two being in consort; and yet all three meeting in their end and centre,
information of any other kind; being a kind, we are in a matter of poison, of impoisons ear. And thus much for the offence of M. L.
since
ment of a king
which was
to interrupt or deface this excellent

;
piece of justice
Mr. L.,
tween Weston
takes upon him to

lines,
For the offence of S. W. and H. I., which I meanwhile be said was in consort, it was shortly this. At the standing mute and his trial, time and place of the execution of Weston, to make a most false, odious, and supplant his Christian resolution, and to scandal,
I
say,
libellous relation, containing as many untruths as and sets it down in writing with his own
hand, and delivers it to Mr. Henry Gibb, of the bed-chamber, to be put into the king s hand ; in which writing he doth falsify and pervert all that was done the first day at the arraignment of Wfiston turning the pike and point of his impu tations principally upon my Lord Chief Justice of England ; whose name, thus occurring, I cannot But pass by, and yet I cannot skill to flatter. this I will say of him, and I would say as much
;
and perhaps to cut of that which is to come, these with others, came mounted on horse gentlemen, back, and in a ruffling and facing manner put themselves forward to re-examine Weston upon questions: and what questions? Directly cross to that that had been tried and judged. For what was the point tried 1 That Weston had poisoned
ize the justice already past, off the thread
Overbury.
ther
What was
did poison
:
S.
W.
question?
Weston
Overbury or no?
Whe A con
to ages, if I
should write a story
that never
man
tradictory directly he did him wrong;

said,
Weston answered
and turning
only, that
to the sheriff,
person and his place were better met in a business, than my Lord Coke and my lord chief justice, in
the cause of Overbury.
You
promised
me
should not be troubled
Now, my
lords, in this offence of
M.
L,, for
Nevertheless, he pressed him to answer; saying he desired to know it, that he might pray with him. I know not that S. W. is
at this time.
the particulars of these slanderous articles, I will observe them unto you when the writings and
an ecclesiastic, that he should cut any man from

the
communion of
;
prayer.
examinations are read;

gloss before the text.
for I
do not love
to set the
vexing of the
gates of death
stant,
spirit of a
I die
And yet for all this poor man, now in the
But, in general, I note to
Weston, nevertheless, stood con

not unworthily;
your lordships, first, the person of M. L. I know he is a Scotch gentleman, and thereby more igno rant of our laws and forms: but I cannot tell whether this doth extenuate his fault in respect
and said,
my
lord
chief justice hath
my
mind under
my
hand, and
he
is
an honourable and just judge.
This
is
S.
W.
his offence.
of ignoranci-, or aggravate it much, in respect of For H. I., he was not so much a questionist ; presumption; that he would meddle in that that but wrought upon the other s questions, and, like he understood not: but I doubt it came not out a kind of confessor, wished him to discharge his What of his quiver some other man s cunning wrought conscience, and to satisfy the world. upon this man s boldness. Secondly, I may note world ? I marvel it was sure the world at Ty unto you the greatness of the cause, wherein he, burn. For the world at Guildhall, and the world
:
!
the bells London, was satisfied before; But men have got a fashion now-atwo or three busy-bodies will take upon them the name of the world, and broach their own conceits, as if it were a general opinion. Well, what more? When they could not work is the part of commissioners, as well to report the upon Weston, then H. I. in an indignation turn business, as to manage the business; and then his ed about his horse, when the other was turning majesty might have been sure to have had all things over the ladder, and said, he was sorry for such well weighed, and truly informed and, therefore, a conclusion; that was, to have the state honoured or justified; but others took and reported it should have been far from M. L. to have presinned to have put forth his hand to so high and his words in another degree: but that I leave, lender a business, which was not to be touched but seeing it is not confessed. H. I., his offence had another appendix, before by employed hands. Thirdly, I note to your lord-
being a private mean gentleman, did presume to deal. M. L. could not but know to what great and grave commissioners the king had committed this cause; and that his majesty in his wisdom would expect return of all things from them to whose trust he had committed this business. For it
at
"teste"
that rung. days, that
CHAKCI: AGAINST LORD

tins in
s\vrn\K.
<>r
311
The (Jin-Minns thai :ire to ho jiskrd ot.gh* to day of the others wmild nerds tend tu farther revealing of their own in the nature J_l\e his verdlrt, spying i.|ienlv, tli.lt if lie Weie guiltiness; hut to use a question res ol the jury, lie woulil doubt \\li.it tu do. M.irrv, a false interrogatory, to falsify that which is For that were to -n-ei lie s.illh, l,e (V.nnot tell well whether lie sjiake judirata," is intuit rahle.
time;
\\liicl
IP)
was,
tli.it
at
the
venhrt given
iiji
tin
jury,
lie
also
<>i
"
had given up the venlirt, nr a court of commission of review at Tyb.trn, For whe against the King s Bench at \\ estmin-ter. And, wherein there is little gained. ther H. I. were a pre-juror or a post-juror, tho one hesidi s, it is a thing vain and idle: for if they was to prejudge ihejury, the other as to taint thf/n. answer according to the judgment past, it adds Ot the offence of these two gentlemen in gene no credit; or if it be contrary, it derogateth no
this before the jury
.il
ter;
your lordships must give me leave to say, thing but yet it subjecteth the majesty of justice it is an offence greater and more dangerous to popular and vulgar talk and opinion. is conceived. I know well that, as we have My lords, these are great and dangerous of no Spanish inquisitions, nor justice in a corner; fences; for if we do not maintain justice, justice so we have no gagging of men s mouths at their will not maintain us. but that they may speak freely at the last death But now your lordships shall hear the exami hour; but then it must come from the free motion nations themselves, upon which I shall have oc of the party, not by temptation of questions. casion to note some particular things, &c.
ral,
:
that
than
A CHARGE DELIVERED
BY
SIR

THE KING
S SOLICITOR-GENERAL,
AT THE
ARRAIGNMENT OF THE LORD SANQUHAR,

IN
THE KING S BENCH AT WESTMINSTER.
THE ARGUMENT.
The Sanquhar, a Scotch nobleman, having, in private revenge, miborned Robert Carlile to murder John Turne , master of fence, thought, by tin greatness, to have borne it out ; but the king, respecting nothing so much as justice, would not suffer nobility to be n shelter for villany ; but, according to law, on the 29th of June, 1612, the said Lord Sanquhar, having been arraigned and condemned, by the name of Robert Creighton,Esq., was, before Westminster-hall Gate, executed, where he died very penitent. At whose arraignment my Lord Bacon, then solicitor-general to King James, made tins peech following:
Ix>rd
life and death, the jury s part discharged ; for after a frank and formal confession, their labour is at an end: so that what hath been said by Mr. Attorney, or shall be said by myself, is rather convenient than ne
IN this cause of
is in e fleet
agree, in some sort extenuates it; for certainly, as even in extreme evils there are degrees; so
this particular of your offence is such as, though it be foul soilling of blood, yet there are more foul
life
:
for if
you had sought

vineyard, as
to take
away
man
cessary.
My Lord Sanquhar, your fault is great, and cannot be extenuated, and it need not be aggra vated and if it needed, you have made so full an anatomy of it out of your own feeling, as it cannot be matched by myself, or any man else,
;
did; or for envy, as Cain did ; or to possess his bed, as David did ; surely the murder had been more odious.
for his
Ahab
Your temptation was

natural
it is
to
man, the more
revenge, which the more, Ir.ive laws both di

"
vine and
dicta."
human sough*
But
in
to repress it;
Mihi vin-
out of conceit; so as that part of aggravation I leave. Nay. more, this Christian and penitent course of vours draws me thus far, that I will
one thing you and I shall nevei agree, that generous spirits, you say, are hard to forgive : no, contrariwise, generous and magna
312
CHARGE AGAINST LORD SANQUHAR.

in his
iiinnius minds are readiest to forgive; and it is a day s justice, had not God weakness and impotency of mind to be unable to removed them.
providence
forgive
But,
now
me
"Corpora
magrianirao satis eat proslrasse
leoni."
But, howsoever, murders may arise from seve motives, less or more odious, yet the law both of God and man involves them in one degree,
ral
give it the king our sovereign. This murder was no sooner committed, and brought to his majesty s ears, but his just indig
is to
have given God the honour, let likewise where it is next due, which
that
I
nation,
wherewith he
first
was moved,
cast itself
and, therefore, you may read that in Joab s case, which was a murder upon revenge, and matcheth with your case ; he, for a dear brother, and you
into a great deal of care and providence to have First came forth his proclamation, justice done.
rare form, and devised, and in by his majesty himself; and by for a dear part of your own body ; yet there was that he did prosecute the offenders, as it were with the breath and blast of his mouth. Then did a severe charge given, it should not be unpu his majesty stretch forth his long arms, for kings nished. And certainly the circumstance of time is heavy have long arms when they will extend them, one upon you it is now five years since this unfor of them to the sea, where he took hold of Grey tunate man Turner, be it upon accident, or be it shipped for Sweden, who gave the first light of upon despite, gave the provocation, which was testimony; the other arm to Scotland, and took the seed of your malice. All passions are suaged hold of Carlile, ere he was warm in his house, with time: love, hatred, grief; all fire itself burns and brought him the length of his kingdom under out with time, if no new fuel be put to it. There- such safe watch and custody, as he could have fore, for you to have been in the gall of bitterness no means to escape, no, nor to mischief himself, ?o long, and to have been in a restless chase of no, nor learn any lessons to stand mute; in which this blood so many years, is a strange example; cases, perhaps, this day s justice might have and I must tell you plainly, that I conceive you received a stop. So that I may conclude his ma have sucked those affections of dwelling in ma jesty hath showed himself God s true lieutenant, lice, rather out of Italy and outlandish manners, and that he is no respecter of persons; but the where you have conversed, than out of any part English, Scottish, nobleman, fencer, are to him
somewhat of a
effect dictated
of this island, England or Scotland.
alike in respect of justice.
spend time Nay, I must say farther, that his majesty hath in, the matter being confessed, is to set forth and had, in this, a kind of prophetical spirit; for what magnify to the hearers, the justice of this day ; time Carlile and Grey, and you, my lord, your first of Go;-}, and then of the king. self, were fled no man knew whither, to the foui My lord, you have friends and entertainments winds, the king ever spake in a confident and it had been an easy thing for in foreign parts ; undertaking manner, that wheresoever the offend you to set Carlile, or some other bloodhound on ers were in Europe, he would produce them forth work, when your person had been beyond the to justice; of which noble word God hath made seas; and so this news might have come to you him master. in a packet, and you might have looked on how Lastly, I will conclude towards you, my lord, the storm would pass: but God bereaved yoi of that though your offence hath been great, yet, this foresight, and closed you here under the your confession hath been free, and your beha hand of a king that, though abundant in clemency, viour and speech full of discretion; and this shows, that though you could not resist the yet is no less zealous of justice. Again, when you came in at Lambeth, you tempter, yet you bear a Christian and generous might have persisted in the denial of the procure mind, answerable to the noble family of which
But
that
which
is fittest for
me
to
fact ; Carlile, a resolute man, might you are descended. This I commend unto you, perhaps have cleared you, for they that are reso and to take it to be an assured token of God s lute in mischief, are commonly obstinate in con mercy and favour, in respect whereof all worldly cealing the procurers, and so nothing should have things are but trash ; and so it is fit for you, as But then your state now is, to account them. And this is been against you but presumption.
ment of the
God, to take away all obstruction of justice, gave you the grace, which ought indeed to be more true comfort to you, than any device where by you might have escaped, to make a clear and
also,
all I will
say for the present.

reader, for his fuller information in
[Note
The
plain confession.
vvliich
this story of the Lord Sanquhar, is desired to peruse the case in the ninth book of the Lord
Other impediments there were, not a tew, might have been an interruption to this
Coke
Reports;
at the
end of which the whole

trial is
series of the
murder and
exactly related.]
THE CHARGE OF OWEN,

INDICTED OF HIGH TREASON,
IN
I
III)
KINO S BENCH,

HIS MAJESTY * ATTOBNEY-OEKERAL.
THE
treason wherewith
this
man
standeth
charged, is, for the kind and nature of it, ancient, as ancient as there is any law of England but in
;
For the king s clemency, I have said it of latn upon a good occasion, and I still speak it with comfort: I have now served his majesty s soli
and attorney eight years tnd better; yet, time that ever I gave in evidence against a traitor at this bar, or any other. There not wanted matter in that party of the sub hath jects whence this kind of offence floweth, to irritate the king: he hath been irritated by the powder of treason, which might have turned He hath been irritated by judgment into fury. wicked and monstrous libels ; irritated by a gene ral insolency and presumption in the Papists
citor
the particular, late and upstart: and, again, in the manner and boldness of the present case, new,
this is the first
Of what and almost unheard of till this man. mind he is now, I know not; but I take him as and as he standeth charged. For, high he was,
treason
is
not written in ice; that
when
the body
relenteth, the impression should go away. In this cause the evidence itself will
little
spend
time, therefore, will be best spent in opening fully the nature of this treason, with the circumstances thereof; because the example is
time
throughout the land; and, yet,

:
"
I
see his majesty
Nil malo, quam eos esse more than the man. I think good, therefore, by keepeth Caesar s rule way of inducement and declaration in this cause, similes sui, et me mei." He leaveth them to be five like themselves; and he remaineth like himself, to open unto the court, jury, and hearers, and striveth to overcome evil with goodness. A things.
first is, the clemency of the king ; because strange thing, bloody opinions, bloody doctrines, news, and a kind of rarity to have a pro bloody examples, and yet, the government still ceeding in this place upon treason: and, perhaps, unstained with blood. As for this Owen that is it may be marvelled by some, why, after so long brought in question, though his person be in his an intermission, it should light upon this fellow ; condition contemptible ; yet, we see by miserable being a person but contemptible, a kind of veno examples, that these wretches, which are but the scum of the earth, have been able to stir earth mous fly, and a hangby of the seminaries The second is, the nature of this treason, as quakes by murdering princes; and, if it were in
i*
The
is
concerning the
fact, which, of all kinds of com passing the king s death, I hold to be the most perilous, and as much differing from other con spiracies, as the lifting up of a thousand hands
|
case of contagion, as this is a contagion of tho heart and soul, a rascal may bring in a plague into the city, as well as a great man : so, it is not
!
against the king, like the giant Briareus, differs from lifting up one or a few hands.
the person, but the matter that dered.
is
to be consi-
For the treason

1
itself,
which
is
the second
speak unto is, the point, my desire is to open it in the depth thereof, doctrine or opinion, which is the ground of this if it were possible ; but, it is bottomless : I said wherein I will not argue or speak like a in the beginning, that this treason, in the nature treason; divine or scholar, but as a man bred in a civil of it, was old. It is not of the treasons whereof life; and, to speak plainly, I hold the opinion to it may be said, from the beginning it was not so. be such, that deserveth rather detestation than You are indicted, Owen, not upon any statute
third
The
point that
I will
contestation.
made against the pope

is,
The
offence,
fourth point
the degree of this
man
I
ters, that
which
is
more presumptuous, than
have
known any
other to have fallen into in this kind, and hath a greater overflow of malice and treason. And, fifthly, I will remove somewhat that may
s supremacy, or other mat have reference to religion ; but merely upon that law which was born with the kingdom, and was law even in superstitious times, when the pope was received. The compassing and
seem
to qualify
and extenuate
this
man
;
s offence;
in that
ful to kill the
he hath not affirmed simply that it is law king, but conditionally that, if the
it is
king be excommunicated,
lawful to
which makcth
VOL.
II.
little
difference either in
kill him law or peril.

:
10
imagining of the king s death was treason. The statute of 25 Edw. III., which was but declara tory, begins with this article as the capital of capitals in treason, and of all others the most odious, and the most perilous: and so the civil law saith, * Conjurationes omnium pmditionum 313
3D
314
odiosissimae et
CHARGE AGAINST MR.

perniciusissimae."
\YK.V
by way of accusation
<>f
Against hostile
j
is
rather to be spoken to
of
invasions and the adherence of subjects to eneRebellions must go over tnies, kings can arm.
many good subjects before they can hurt the king but conspiracies against the per sons of kings, are like thunderbolts that strike
the bodies of
:
the opinion as impious, than by way dispute of it as doubtful. Nay, I say, it deservi-th rather some holy war or league amongst all Christian
Major upon the sudden, hardly to be avoided. metus a singulis," saith he, quam ab universis." There is no preparation against them and that preparation which may be of guard or custody, is
"
princes of either religion, for the extirpating and rasing of the opinion, and the authors thereol, from the face of the earth, than the style of pen
or speech.
to
it
"
Therefore, in this kind I will speak a few words, and not otherwise. Nay, I protest, if I were a Papist, 1 should say as much
:
a perpetual misery.
And, therefore, they that have written of the privileges of ambassadors, and of the amplitude of safe-conducts, have defined,
that, if
nay, I should speak it, perhaps, with more indig For this horrible opinion is nation and feeling.
an ambassador, or a
man
that
cometh
in
our advantage, and be their ruin.
it
is
their reproach,
and will
This monster of opinion is to be accused of upon the highest safe-conducts, do practise matter of sedition in a state, yet, by the law of nations, three most evident and most miserable slanders. he ought to be remanded ; but, if he conspire First, Of the slander it bringeth to the Christian against the life of a prince by violence or poison, faith, being a plain plantation of irreligion and he is to be justiced Quia odium est omni atheism. Nay, even amongst enemies, Secondly, The subversion which it introduceth privilegio majus." and in the most deadly wars, yet, nevertheless, into all policy and government. conspiracy and assassination of princes hath Thirdly, The great calamity it bringeth upon been accounted villanous and execrable. Papists themselves ; of which the more moderate The manners of conspiring and compassing the sort, as men misled, are to be pitied. For the first, if a man doth visit the foul and King s death, are many but, it is most apparent,
"
polluted opinions, customs, or practices of hea grounded upon pretenced religion ; thenism, Mahometanism, and heresy, he shall which is a trumpet that inflameth the heart and find they do not attain to this height. Take the powers of a man with daring and resolution more examples of damnable memory amongst the hea than any thing else. Secondly, it is the hardest thens. The proscriptions in Rome of Sylla, and to be avoided ; for, when a particular conspiracy afterwards of the Triumvirs, what were they 1 is plotted or attempted against a king by some They were but of a finite number of persons, and one, or some few conspirators, it meets with a those not many that were exposed unto any man s number of impediments. Commonly, he that sword. But what is that to the proscribing of a hath the head to devise it, hath not the heart to king, and all that shall take his part? And what undertake it: and the person that is used, some was the reward of a soldier that amongst them times faileth in courage ; sometimes faileth in killed one of the proscribed ? A small piece of opportunity ; sometimes is touched with remorse. money. But what is now the reward of one that But to publish and maintain, that it may be law shall kill a king 1 The kingdom of heaven. The ful for any man living to attempt the life of a custom among the heathen that was most scan king, this doctrine is a venemous sop ; or as a dalized was, that some times the priest sacrificed men ; but yet you shall not read of any priest legion of malign spirits, or a universal tempta tion, doth enter at once into the hearts of all that hood that sacrificed kings.
that
amongst
it is
all
the rest, this surmounteth. First,
because
are
The Mahometans make it a part of their reli any way prepared, or of any predisposition to so that whatsoever faileth in any one, gion to propagate their sect by the sword; bu; in many. If one man faint, another yet still by honourable wars, never by villanies supplied if one man hath not the opportunity, and secret murders. will dare Nay, I find that the Saracen
be traitors
;
is
another hath
desperate.
if
one
man
relent, another will be
prince, of
whom
the
name
of the assassins
is
which had divers votaries at command have their periods of time, within which, if they ment, which he sent and employed to the killing be not taken, they vanish but this is endless, of divers princes in the east, by one of whom and importeth perpetuity of springing conspiracies. Amuraththe First was slain, and Edward the First
And,
thirdly, particular conspiracies
derived,
And
so much concerning the nature of the fact. For the third point, which is the doctrine; that upon an excommunication of the pope, with sen tence of deposing, a king by any son of Adam may be slaughtered ; and, that it is justice, and no murder; and, that their subjects are absolved of their aHegiance, and the kings themselves exposed to spoil and prey. I said before, that I would not argue the subtlety of the question it
:
of England was wounded, was putdownand rooted out by common consent of the Mahometan princes.
The Anabaptists, it is true, come nearest. For they profess the pulling down of magistrates: and To bind their kings they can chant the psalm, in chains, and their nobles in fetters of iron."
"
This is the glory of the saints, much like the temporal authority that the pope challenged; over
princes.
But
this is the difference, that that is
CHARGE AGMNST FRANCES, COUNTESS OF SOMERSET.

a furious and fanatical fury, and this is a sad and solemn mischief hr imaîm-th mischief as a
"
315
all
cometh
to
one.
What
is
there that
:
may
not
be
made
law
;"
a la\v-likr
misrhiH
\v1ini In-
spiritual by consequence that crivcth the sentence
may
especially make the
defence which they do make, it doth aggravate the sin, and turneth it from a cruelty towards man to a blasphemy towards God. For
for the
As
case? and accordingly hath the miserable ex
and
to say that all this is "in ordine ad spirituale," to a pood end, and for the salvation of souls ;
directly to make God author of evil, and to draw him in the likeness of the prince of darkness and to say with those that Saint Paul speaketh princes have failed, except that of the Prince of Let us do evil that good may come thereof;" Orange and not that neither, until such time as of, that he had joined too fast with the Duke of of whom the apostle saith definitively, Anjou and the Papists. As for subjects, I see not, nor their damnation is just." For the destroying of government universally, ever could discern, but that, by infallible conse it is most evident, that it is not the case of Protes quence, it is the case of all subjects and people,
it is
;
"
For this murdering of kings perience followed. hath been put in practice, as well against Papist kings as Protestant: save that it hath pleased God so to guide it by his admirable providence, as the attempts upon Papist princes have been executed, and the attempts upon Protestant
:
"
tant princes only, but of Catholic princes like wise ; as the king hath excellently set forth. Nay,
jects and private persons.
not the case of princes only, but of all sub For, touching princes, let history be perused, what hath been the causes
it is
as well as of kings ; for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the pope to do it towards a king; and for a bishop to absolve
of excommunication; and, namely, this tumour of the son from duty to the father, as for the pope to it hath not been for absolve the subject from his allegiance to his it, the deposing of kings And this is not my inference, but the heresy and schism alone, but for collation and in king. vestitures of bishoprics and benefices, intruding very affirmative of Pope Urban the Second, who,
;
upon ecclesiastical possessions, violating of any ecclesiastical person or liberty. Nay, generally they maintain it, that it may be for any sin : so
that the difference wherein their doctors vary, that some hold that the pope hath his temporal
in a brief to Godfrey, Bishop of Luca, hath these very words, which Cardinal Baronius reciteth in his Annals, Non illos homicidas arbitramur, qui adversus excommunicates zelo Catholicse matris ardentes eorum quoslibet trucidare conti"
power immediately, and others but in ordine ad is but a delusion and an abuse. For spirituale,"
"
gerit,"
speaking generally of
all
excommunica
tions.
THE CHARGE

HIS
MAJESTY
ATTORNEY-GENERAL,
AGAINST
FRANCES, COUNTESS OF SOMERSET;

INTENDED TO HAVE BEEN SPOKEN BY HIM AT HER ARRAIGNMENT, ON FRIDAY, MAY 24, 1616, IN CASE SHE HAD PLEADED NOT GUILTY.*
IT
MAY PLEASE YOUR GRACE, MY LORD HIGH STEWARD OF ENGLAND,f AND YOU, MY
LORDS,
THE PEEks
have heard the indictment against this to plead not guilty, though for the proof I shall and likewise the point in law, not need much more than her own confession, ; that might make some doubt, declared and solved ; which she hath formerly made, free and volun wherein certainly the policy of the law of Eng tary, and therein given glory to God and justice. land is much to be esteemed, which requireth and * She pleaded guilty, on which occasion the attorney-gene respecteth form in the indictment, and substance
lady well opened
in the proof.
ral
it
You
This scruple,
may
be, hath
moved
spoke a charge somewhat different from tin*, Thomas Egerton, Viscount Ellesmere, lord high chance^
this lady
316 And
CHARGE AGAINST FRANCES, COUNTESS OF SOMERSET.

especially such as are swoln in fortunes from small beginnings, that the king is as well able to level
certainly confession, as it is the strongest fuundation of justice, so it is a kind of cornerstone, whereupon justice and mercy may meet.
proofs, which I shall read in the end for the ground of your verdict and sentence, will be
mountains, as to
desert.
fill
valleys,
if
such be their
the great
The
But
j
to
come
to
the
present case
very short; and as much as may serve to satisfy your honours and consciences for the conviction
of this lady, without wasting of time in a case clear and confessed; or ripping up guiltiness against one, that hath prostrated herself by con-
it hath a stage : a vault, where works of darkness were contrived ; and a with steps, by which they were brought to stage And, therefore, I will bring this work light. fession; or preventing or deflowering too much of justice to the period of this day; and then go of the evidence. And, therefore, the occasion on with this day s work. itself doth admonish me to spend this day rather Sir Thomas Overbury was murdered by poison in declaration than in evidence, giving God and on the 15th of September, 1G13, 11 Reg. This the king the honour, and your lordships and the foul and cruel murder did, for a time, cry secretly hearers the contentment, to set before you the in the ears of God; but God gave no answer to it, proceeding of this excellent work of the king s otherwise than by that voice, which sometimes he vox populi," the speech of the justice, from the beginning to the end; and so useth, which is to conclude with the reading the confessions and people. For there went then a murmur, that proofs. Overbury was poisoned and yet this same subMy lords, this is now the second time* within miss and soft voice of God, the speech of the the space of thirteen years reign of our happy vulgar people, was not without a counter-tenor, or
;
frame of justice, hath a vault, and

in these
my
lords, in this present action,
>
"
author both of murder and slander: for it was and erected ; and that, with a rare event, supplied given out, that Overbury was dead of a foul disease ; and exercised by one and the same person, which and his body, which they had made a "corpus is a great honour to you, my lord steward. Judaicum" with their poisons, so as it had no In all this mean time the king hath reigned in whole part, must be said to be leprosed with vice, his white robe, not sprinkled with any drop of and so his name poisoned as well as his body. blood of any of his noblea of this kingdom. For as to dissoluteness, I never heard the gentle his faults were insolency Nay, such have been the depths of his mercy, as man noted with it oven those noblemen s bloods, against whom the and turbulency, and the like of that kind the was at Winchester, Cobham and other part of the soul, not the voluptuous. proceeding Mean time, there was some industry used, of Grey, were attainted and corrupted, but not spilt or taken away ; but that they remained rather which I will not now speak, to lull asleep those that were the revengers of blood ; the father and spectacles of justice in their continual imprison ment, than monuments of justice in the memory the brother of the murdered. And in these terms of their suffering. things stood by the space almost of two years, It is true, that the objects of his justice then during which time God so blinded the two great and now were very differing. For then, it was procurers, and dazzled them with their own great the revenge of an offence against his own person ness, and did bind and nail fast the actors and and crown, and upon persons that were malcon instruments with security upon their protection, tents, and contraries to the state and government. as neither the one looked about them, nor the But now, it is the revenge of the blood and death other stirred or fled, nor were conveyed away: of a particular subject, and the cry of a prisoner. but remaineth here still, as under a privy arrest insomuch as Franklin, It is upon persons that were highly in his favour ; of God s judgments; whereby his majesty, to his great honour, hath that should have been sent over to the Palsgrave as if it were written in a sun store of money, was, by God s pro with good showed to the world, beam, that he is truly the lieutenant of Him with vidence, and the accident of a marriage of his t whom there is no respect of persons ; that his affec diverted and stayed. But about the beginning of the progress last tions royal are above his affections private ; that his favours and nearness about him are not like summer, God s judgments began to come out of popish sanctuaries to privilege malefactors and their depths and as the revealing of murders is Domino that his being the best master of the world doth commonly such, as a man may say, not let him from being the best king of the world, hoc factum est;" it is God s work, and it is mapthe other side, may say to them trellous in our eyes so in this particular, it is most His people, on I will lie down in peace ; for God and admirable ; for it came forth by a compliment and selves, Jhe king and the law protect me against great and matter of courtesy. 1 It may be a discipline also to great men, small. My Lord of Shrewsbury*, that is now with
:
:
sovereign, that this high tribunal-seat of justice, ordained for the trial by peers, hath been opened
counter-blast of the devil,
who
is
the
common
"a
"
The
O-ev
in
first
time
was nn
1003.
the trials of the Lords
Cobham and
* Gilbert, Earl of Shrewsbury, Knight of the Garter, died
wh
November,
May
8, 1610.
AGAINST PRANCES, OO1 NTESS OF SOMKUMlT.

/I
ll,
317
raeonuMaded
il
--
to
a counsellor of
place, the
l.tte
;
ri
\v
re
t
;i
tri
esj.eci
trust
,*
liy
his
Lieutenant
;m hnnest,
nml
aeti .us
I
only
for ;ir,|u,nnMm-r
,^
bee. HIM-
am
ceusation of the one part, ora practice device of the other: which writing, not able to express according to the
know him, worth thereof, 1 will desire your lordship anon to That counsellor hear read. answered him civilly, that my lord did him a This excellent foundation of justice being laid f.iv.mr; and tli.it In- should embrace it willingly; by his majesty s own hand, it was referred unto IK must let his lordship know, that there did some counsellors to examine farther, who gained In a lieav\ im|iiitat.inii upon that gentleman, some degrees of light from Weston, but yet It ft Helwissc; fo that Sir Thomas Overbury, his imperfect. was thought to have come to a violent After it was referred to Sir I M ward Coke, prisoner, and untimely death. When this speech was re chief justice of the King s Bench, as a ported back by my Lord of Shrewsbury to Hel- best practised in legal examinations, who took a wisse, perculit illico animum," ho was stricken great deal of indefatigable pains in it, without with it; and being a politic man, and of likelihood intermission, having, as I have heard him say, doubting that the matter would break forth at one taken at least three hundred examinations in this lime or other, and that others might have the start business. of him, and thinking to make his own case by But these things were not done in a corner. his own tale, resolved with himself, upon this I need not speak of them. It is true, that my lord to discover to my Lord of Shrewsbury chief justice, in the dawning and occasion, opening of the and that counsellor, that there was an attempt, light, finding that the matter touched upon these whereto he was privy, to have poisoned Overbury great persons, very discreetly became suitor to by the hands of his under-keeper, Westbn ; but the king to have greater persons than his own that he checked it, and put it by, and dissuaded it, rank joined with him. Whereupon, your lord and related so much to him indeed but then he ship, my Lord High Steward of England, to left it thus, that it was but an attempt, or untimely whom the in arduis," king commonly resorteth birth, never executed ; and as if his own fault had and my lord steward of the king s house, and my been no more, but that he was honest in forbidding, Lord Zouch, were joined with him. but fearful of .revealing and impeaching or accus Neither wanted there, this while, practice to ing great persons; and so with this fine point suppress testimony, to deface writings, to weaken the king s resolution, to slander the justice, and thought to save himself. But that great counsellor of state wisely consi the like. Nay, when it came to the first solemn dering, that by the lieutenant s own tale it could act of justice, which was the arraignment of Wes not be simply a permission or weakness ; for that ton, he had his lesson to stand mute ; which had Wcston was never displaced by the lieutenant, arrested the wheel of justice. But this dumb notwithstanding that attempt; and coupling the devil, by the means of some discreet divines, and sequel by the beginning, thought it matter fit to the potent charm of justice, together, was cast out. be brought before his majesty, by whose appoint Neither did this poisonous adder stop his ear to ment Helwisse set down the like declaration in those charms, but relented, and yielded to his
w.irthy
iv
iitlem.iu;
ami desired him to
.imi in hi;
Koquainted with him.
l"it
\<
"
"
writing.
trial.
Then follow the proceedings of justice against ground, the king playeth Solomon s part, "Gloria Dei celare rem: et gloria regis in- the other offenders, Turner, Helwisse, Franklin. and sets down certain papers of But all these being but the organs and instru vestigare rem
Upon
this
;"
hand, which I might term to be "claves ments of this fact, the actors, and not the authors, for a justice could not have been crowned without this justitise," keys of justice; and may serve Else Wesprecedent both for princes to imitate, and for a last act against these great persons. direction for judges to follow: and his majesty ton s censure or prediction might have been veri carried the balance with a constant and steady fied, when he said, he hoped the small flies hand, evenly and without prejudice, whether it should not be caught and the great escape.
his
Sir Gervase Hel wimie, appointed Lieutenant of the Tower, upon the removal of Sir William Waade on the 6th of May,
own
Chamberlain,
at
1613, ["Reliquiip Woltonmnae," p. 412, 3d edit. 1672.] in a MS. letter to Sir Dudley Ctrleton,
London, May
13, 1613,
these termg. doniewh-il an
"Our
Mr. dated speakg of SlrOervage g promotion In Sir C. rv.ise Helwi**e. of Lincolnshire,

in
Wherein the king being in great straits, between the defacing of his honour and of his creature, hath, according as he useth to do, chosen the better part, reserving always mercy to himself.
motions.
unknown man,
put into Hi, plan- [of Sir \V.

I
The time also of this justice hath had its true The time until this lady s deliverance
Christianity, and humanity,
Waade
tie
by the favour of the lord chamberlain [Earl of 80merget] and his lady. Tin- gentleman is of too mil. ami u^n
g]
was due unto honour,
a digpogition for MI, h
tin
,.tli. .-.
Hi-
is
my
old frii-nd
and
ari|iiaintanci in Kraiire, and lali-ly renewed in town, where he hath lived pant a year, nor followed the court many a day." Kir It.-nry Woiton, in a letter of tin- 1 Ith of May, 101.1, uhi
["
in respect of her great belly. The time since was due to another kind of deliverance too;
which
in the
\vas, that
some
cause-; nf estate, that
were
mpia," p.
23,] says, that Sir
Gervase had been befuro
OIK- of
lite
peiiMom-rs.
be linuight fortn, no for matter of justice, but for reason of siatp. Like*
womb, might likewise
318
wise this

\<ji
last procrastination of days had the like long in the body, and work by degrees ; and weighty grounds and causes. And this is the true this purpose there must be essays of them upon and brief representation of this extreme work of poor beasts, &c. the king s justice. And, lastly, I shall show you the rewards of this Now, for the evidence against this lady, I am impoisonment, first demanded by Weston, and sorry I must rip it up. I shall first show you the denied, because the deed was not done ; but after purveyance or provisions of the poisons; that the deed done and perpetrated, thatOverbury \v-.is they were seven in number brought to this lady, dead, then performed and paid to the value 01 and by her billetted and laid up till they might ISO/. And so, without farther aggravation of that, and this done with an oath or vow be used
:
of secrecy, which is like the Egyptian darkness, which in itself bears its own tragedy, I will conclude with the confessions of this lady herself, a gross and palpable darkness, that may be felt. Secondly, I shall show you the exhibiting and which is the strongest support of justice ; and yet
sorting of the
same number
or volley of poisons
is
white arsenic was fit for salt, because it is of like body and colour. The poison of great spiders, and of the venonious fly cantharides, was fit for pigs sauce or partridge sauce, because it resembled pep
mercury-water, and other poisons, they might be fit for tarts, which is a kind of hotch and some pot, wherein no one colour is so proper
per.
for
:
says, there
the footstool of mercy. For, as the Scripture have kissed each other;" "Mercy and truth
is no meeting or greeting of mercy, till there For these be a confession, or trial of truth.
read,
As
Franklin,
November
16,
Franklin, November 17, Rich. Weston, October 1,
of these were delivered by the hands of this lady, and some by her direction.
Thirdly, I shall prove and observe unto you the cautions of these poisons; that they might not be too swift, lest the world should startle at it by the
Rich. Weston, October 2 Will. Weston, October 2, Rich. Weston, October 3, Helwisse, October 2, The Countess s letter, without date,
suddenness of the despatch
but they must abide
The Countess
s confession,
January
8.
THE
CHARGE, BY
WAY
BY
OF EVIDENCE,

HIS MAJESTY S ATTORNEV-OENEBAL,
BEFORE THE LORD HIGH STEWARD, AND THE PEERS;*

AOAINBT
FRANCES, COUNTESS OF SOMERSET,

CONCERNING THE POISONING OF SIR THOMAS OVERBURY.
IT
MAY PLEASE YOUR GRACE, MY LORD HIGH STEWARD
OF ENGLAND, AND YOU,
MY
LORDS, THE PEERS
I AM very glad to hear this u-nfortunate lady doth take this course, to confess fully and freely,
persons, upon whom justice passed before, I know your lordships fessed not; she doth. cannot behold her without compassion : many and thereby to give glory to God and move you, her youth, her person, her I may term it, the nobleness of an It is, as things may offender to confess : and, therefore, those meaner st \, In r noble family; yea, her provocations, if 1 should enter into the cause itself, and furies about * The Lord Chancellor Egerton, Lord Ellesinere, and Earl her; but chiefly her penitency and confession. of
con
to justice.
Bridgwater.
cil
LRGE IGAINST FRANCES, C01 NTESS or

work
of this day
;
>nMi:usKT.
But justke
sr.it \\.is
is
tin-
tlir
in
r.-ytinI
.is
in
the inner
|>art
of
tin-
temple;
if
mountains, as such be their desert.

11
;il,|<-
w,
t,,
level
to
fill
valleys,
throne
In
r
But, since this lady hath, by public. eont S.MOH, prevented my evidence, and yuur
is
i
verdict, and that this day s lahour rebirth, in the legal proceeding,
is
eased
for
there
to
to the present case: The great frame nf justice, lords, in this present action, hath a vault, and hath a stage; a vault, wherein
But
to
come
my
l>ut
me
these
stage,
light.
pray that her confession
may
be recorded, and
works of darkness were contrived; and with steps, by which it was brought
I will
to
Judgment thereupon.
Bui, because your lordships the peers are met, and that this day and to-morrow are the days that crown all the former justice; and that in these great cases il hath been ever the manner to honour and satisfaction, as well as the re>peet ordinary parts and forms of justice; the occasion itself admonisheth me to give your lordships and
Fur the former of these,
not lead your
lordships into it, because I will engrieve nothing against a penitent ; neither will 1 open any thing against him that is absent. The one I will give
to the
laws of humanity, and the other to the laws of justice: for I shall always serve my rnaster with a good and sincere conscience, and, I the hearers this contentment, as to make declara- know, that he accepteth best. Therefore, I will tion of the proceedings of this excellent work of reserve that till to-morrow, and hold myself to the king s justice, from the beginning to the end. that which I called the stage or theatre, whereIt may please your grace, my Lord High Steward unto indeed it may be fitly compared for that of England this is now the second time, within things were first contained within the invisible the space of thirteen years reign of our happy judgments of God, as within a curtain, and after sovereign, that this high tribunal-seat, ordained came forth, and were acted most worthily by the for the trial of peers, hath been opened and king, and right well by his ministers. Sir Thomas Overbury was murdered by poison, erected, and that with a rare event, supplied and This foul and cruel murder exercised by one and the same person, which is a September 15, did for a time cry secretly in tho ears of God ; but great honour unto you, my lord steward. In all this mean time the king hath reigned in God gave no answer to it, otherwise than by that vox his white robe, not sprinkled with any one drop voice, which sometimes he useth, which is of the blood of any of his nobles of this kingdom. populi," the speech of the people for there went Nay, such have been the depths of his mercy, as then a murmur that Overbury was poisoned ; and even those noblemen s bloods, against whom the yet the same submiss and low voice of God, the proceeding was at Winchester, Cobham and speech of the vulgar people, was not without a Grey, were attainted and corrupted, but not spilt counter-tenor or counter-blast of the devil, who is or taken away; but that they remained rather the common author both of murder and slander ; for it was given out that Overbury was dead of a spectacles of justice in their continual imprison ment, than monuments of justice in the memory foul disease; and his body, which they had made of their suffering. corpus Judaicum" with their poisons, so as it It is true that the objects of his justice then, and had no whole part, must he said lo be leprosed now, were very differing: for then it was the with vice, and so his name poisoned as well as For as to dissoluteness, I have not revenge of an offence against his own person and his body. crown, and upon persons that were malcontents, heard the gentleman noted with it; his faults and contraries to the state and government ; but were of insolency, turbulency, and the like of that now it is the revenge of the blood and death of a kind. Mean time there was some industry used, of particular subject, and the cry of a prisoner: it is upon persons that were highly in his favour; which I will not now speak, to lull asleep those whereby his majesty, to his great honour, hath that were the revengers of the blood, the father showed to the world, as if it were written in a and the brother of the murdered. And in these sunbeam, that he is truly the lieutenant of Him terms things stood by the space of two years, with whom there is no respect of persons ; that during which time, God did so blind the two his affections royal are above his affections pri great procurers, and dazzle them with their great vate; that his favours and nearness about him ness; and blind, and nail fast the actors and
: :
lf>13.
"
"
are not like popish sanctuaries, to privilege male factors; and that his being the best master in the
world, doth not let him from being the best king in the world. His people, on the other side, may say to themselves, I will lie down in peace, for God, the king, and the law, protect me against It may be a discipline also to great and small.
reat
instruments with security upon their protection, as neither the one looked about them, nor the other stirred or fled, or were conveyed away, bul
remained here
still,
as under a privy arrest of
men, especially such as are swoln
in their
is
.
fortunes from small beginnings, that the king
judgments ; insomuch as Franklin, that should have been sent over to the Palsgrave with providence, good store of money, was, by God and the accident of a marriage of his, diverted and stayed.
s
fc
God
320
last
But about the beginning of the progress the whether it were a true accusation of the one part, summer, God s judgments began to come out or a practice and factious snmdiil of th- nthrr: of their depths. And, as the revealing of murder which writing, because I am not able to -\|nrss
"a
is Domino hoc commonly such as a man said, factum est; it is God s work, and it is marvellous in our eyes so in this particular it was most admirable; for it came forth first by a compli ment, a matter of courtesy. My Lord of Shrews bury, that is now with God, recommended to a
:"
according
to the
worth thereof,
will desire
your
l.iid
lordships anon to hear read. This excellent foundation of justice being

i
by his majesty
own
hand,
it
was
referred unto
some counsellors to examine farther; who gained some degrees of light from Weston, but yet left
it
counsellor of state, of special trust by his place, the late lieutenant Helwisse,* only for acquaint ance, as an honest and worthy gentleman, and desired him to know him, and to be acquainted
imperfect. After it was referred to Sir
Edward Coke, chief
with him.
that
my
lord did
it
embrace
That counsellor answered him civilly, him a favour, and that he should willingly but he must let his lordship
;
justice of the king s bench, as a person best prac tised in legal examinations; who took a great deal of indefatigable pains in it without intermis
sion, having, as I have heard him say, taken at least three hundred examinations in this busi
heavy imputation upon Helwisse; for that Sir Thomas Overbury, his prisoner, was thought to have come to a violent and an untimely death. When this speech was reported back by my Lord of Shrews to Helwisse, illico animum," he bury percussit was strucken with it: and being a politic man, and of likelihood doubting that the matter would break forth at one time or other, and that others might have the start of him, and thinking to make his own case by his own tale, resolved with
that gentleman,
"
know,
that there did lie a
ness.
But these things were not done

need not speak of them.
It is
in a corner
true that
my
lord
Chief justice, in the dawning and opening of the light, finding the matter touched upon these great
persons, very discreetly became suitor to the king, to have greater persons than his own rank
joined with him; whereupon your lordships, my Lord High Steward of England, my Lord Steward
of the
King
House, and
my
Lord Zouch, were
joined with him.
himself upon this occasion to discover unto my Neither wanted there, this while, practice to Lord of Shrewsbury, and that counsellor, that suppress testimony, to deface writings, to weaken there was an attempt, whereunto he was privy, to the king s resolution, to slander the justice, and have poisoned Overbury by the hands of his the like. Nay, when it came to the first solemn under-keeper, Weston ; but that he checked it, act of justice, which was the arraignment of and put it by, and dissuaded it. But then he left Weston, he had his lesson to stand mute, which it thus, that it was but as an attempt, or an had arrested the whole wheel of justice, but this untimely birth, never executed ; and, as if his dumb devil, by the means of some discreet divines, own fault had been no more, but that he was and the potent charm of justice together, was cast honest in forbidding, but fearful of revealing and out; neither did this poisonous adder stop his ear
impeaching, or accusing great persons and so to these charms, but relented, and yielded with this fine point thought to save himself. trial.
:
to his
But that counsellor of estate, wisely consider Then followed the other proceedings of justice ing that, by the lieutenant s own tale, it could not against the other offenders, Turner, Helwisse, be simply a permission or weakness for that Franklin. Weston was never displaced by the lieutenant, But all these being but the organs and instru
:
notwithstanding that attempt; and coupling the ments of this fact, the actors, and not the authors, sequel by the beginning, thought it matter fit to justice could not have been crowned without this be brought before his majesty, by whose ap last act against these great persons ; else Wespointment Helwisse set down the like declaration ton s censure or prediction might have been in writing. verified, when he said, he hoped the small flies Upon this ground the king playeth Solomon s should not be caught, and the greater escape. Gloria Dei celare rem, et gloria Regis Wherein the king, being in great straits be part,
"
I
mvestigare
and sets down certain papers tween the defacing of his honour, and of his of his own hand, which I might term to be creature, hath, according as he used to do, "claves of justice; and may serve chosen the better part, reserving always mercy justitite," keys both for a precedent for princes to imitate, and for to himself. a direction for judges to follow. The time also of justice hath had its true mo And his ma The time until this lady s deliverance was jesty carried the balance with a constant and tions. steady hand, evenly, and without prejudice, due unto honour, Christianity, and humanity, in The time since was respect of her great belly.
rem,"
Welden
in Sir H. Wotton s Reliq. p. 413, Elvis. In Sir A. g Court of King James, p. 107, Elwaies. In Anlic. Toquin. p. Ml, Ellowaies. In Sir W. Duedale a Baron, of In Baker, p. 434, Yelvis. England, torn ii. p. 425, Elvraycs.
* Cal.ed
due
to another kind of deliverance too;
which
was, that some causes of estate which were in the womb might likewise be brought forth, not
CHARGE AGM.NST ROHERT, KARL OF SOMERSET.

ior
321
matter of justice,
luit
f<ir
reason
li;nl
IIP
carried
it,
that innocency
might not have so

been
Likewise
iike
this last proeTMtfatttionof 4>JI

.uid
the
much
as aspersion.
weighty grounds
causes.
I
Frances,
a
Countess of Somerset, hath
Hut,
my
liold
lords,
where
speak of
douht
you upon the stage too. long.
Hut,
indicu-d and arraigned, as accessary before the fact, for the murder and impoisonment of Sir
hcfore I pray judgment, I pray your lordships to! Thomas Overhury, and hath pleaded guilty, and 1 pray judgment hear the king s papers read, that you may see confesseth the indictment how well the king was inspired, and how nobly against the prisoner.
:
|
THE CHARGE

HIS
MAJESTY
ATTORNEY-GENERAL,
BY
WAY
OF EVIDENCE,
BEFORE THE LORD HIGH STEWARD, AND THE PEERS,
AGAINST ROBERT, EARL OF SOMERSET

CONCERNING THE POISONING OF OVERBURY.
IT
MAY PLEASE YOUR GRACE, MY LORD HIGH STEWARD OF ENGLAND, AND
YOU,
MY
LORDS,
THE PEERS:
You have here before you Robert, Earl of Somerset, to be tried for his life, concerning the procuring and consenting to the impoisonment of Sir Thomas Overbury, then the king s prisoner in the Tower of London, as an accessary before
the fact.
your eyes upright, and to be able to save it from being put out with any winds of evasion or vain defences, that is our part; and within that we shall contain ourselves, not doubting at all, but that the evidence itself will carry such force as it shall need no vantage or aggravation.
cannot behold this I know your lordships nobleman, but you must remember his great the great place that he favour with the king, and hath had and borne, and must be sensible that he is yet of your number and body, a peer as you are ; so that you cannot cut him off from your body but with grief; and, therefore, that you will expect from us, that give in the king s evidence, sound and sufficient matter of proof to satisfy your honours and consciences.
My
lords, the course

I
which
will hold in deli

I
vering that which shall be this:

First, I
shall say, for
love order,
will speak somewhat of the nature and greatness of the offence which is now to be tried ; not to weigh down lord with the greatness of
my
but, contrariwise, to show that a great offence deserveth a great proof, and that the king, how ever he might esteem this gentleman heretofore,
it,
as the signet
upon
As
for the
manner of
the evidence, the king our
ture phrase, yet in such case as this he
his finger, to use the Scrip was to
master,
who among
his other virtues excelleth in
put him
off.
that virtue of the imperial throne, which is justice, hath given us in commandment that we should
Secondly,
competent.
Thirdly,
I
I will
the nature of the proofs,
use some few words touching which in such a case are
not expatiate, nor make invectives, but materially pursue the evidence, as it conduceth to the point in question; a matter that, though we are glad
will state the proofs.
of so good a warrant, yet, we should have done of ourselves for far be it from us, by any strains of wit or art, to seek to play prizes, or to blazon
:
Fourthly and lastly, I will produce the proofs, either out of examinations and matters in writing,
or witnesses,
"viva voce."
our names in blood, or to carry the day otherwise han upon just grounds. shall carry the
We
felonies.
itself, it is of crimes, next unto high treason, the greatest; it is the foulest of take this offence with the circum And,
it
For the offence
lantern of justice, 41 Voi. II.
which
is
the evidence, before
stances,
hath three degrees or stages
that
it
322
CHARGE AGAINST HUBERT, EARL OF SOMERSET.
murder; that it is murder by impoisonment; that offence, which is, that it was committed upon the it is murder committed upon the king s prisoner king s prisoner, who was out of his own defence, in the Tower: I might say, that it is murder and merely in the king s protection, and for whom under the colour of friendship; but this is a cir- the king and state was a kind of respondent is a (uinstiuice moral; I leave that to the evidence thing that aggravates the fault much. For, cer ItS. lf. tainly, my Lord of Somerset, let me tell you this, For murder, my lords, the first record of justice that Sir Thomas Overbury is the first man that that was in the world, was a judgment upon a was murdered in the Tower of London, since the Thus much murderer, in the person of Adam s first-born, Cain ; murder of the two young princes. and though it was not punished by death, but of the offence, now to the proof. with banishment and mark of ignominy, in respect For the nature of the proofs, your lordships of the primogeniture, or population of the world, must consider, that impoisonment of all offences or other points of God s secret decree, yet it was is the most secret ; so secret, as that if, in all judged, and was, as it is said, the first record of cases of impoisonment, you should require testi So it appeareth likewise in Scripture, mony, you were as good proclaim impunity. justice. that the murder of Abner by Joab, though it were Who could have impeached Livia, by testi by David respited in respect of great services mony, of the impoisoning figs upon the tree, past, or reason of state, yet, it was not forgotten. which her husband was wont to gather with his But of this I will say no more. It was ever own hands. Who could have impeached Parisatis for the admitted, and ranked in God s own tables, that murder is, of offences between man and man, next poisoning of one side of the knife that she carved unto treason and disobedience unto authority, with, and keeping the other side clean ; so that which some divines have referred to the first herself did eat of the same piece of meat that the
;
table,
because of the
lieutenancy of
God
in
princes.
lady did that she did impoison ? The cases are infinite, and need not to be spoken of, of the
;
For impoisonment, I am sorry it should be heard of in this kingdom it is not nostri generis nee sanguinis it is an Italian crime, fit for the
:
"
secrecy of impoisoriments ; but wise triers must take upon them, in these secret cases, Solomon s
spirit, that,
:"
that person, which intoxicateth the kings of the earth with his cup of
court of
Rome, where
collected the act
where there could be no witnesses, by the affection.
But, yet,
that
we
are not to
come
to
one case; for
poison, is many times really and intoxicated and impoisoned himself.
materially
which your lordships are
hath three circumstances, which make it giievous beyond other murders: whereof the first is, that it takes away a man in full peace, in
But
it
God
but
is
s
is
and the king s peace ; he thinketh no harm, comforting of nature with refection and
"his
food; so that, as the Scripture saith, made a snare."
table
law is concluded to say, Overbury was impoisoned by Weston. But the question before you is of the procure ment only, and of the abetting, as the law termeth it, as accessary before the fact: which abetting is no more but to do or use any act or means, which may aid or conduce unto the impoison
that
act of impoisonment, hand ; all the world by
to try, is not the for that is done to your
is, that it is easily committed, and ; and, on the other side, hardly and hardly discovered for murder by prevented, violence, princes have guards, and private men have houses, attendants, and arms: neither can such murder be committed but "cum sonitu," and with some overt and apparent act that may discover and trace the offender. But, as for poi-
The second
ment.
easily concealed
So
that
it is
not the buying or
making of
the
poison, or the preparing, or confecting, or com mixing of it, or the giving, or sending, or laying the poison, that are the only acts that do amount
|
unto abetment.
But,
if
there be any other act or
means done
| j
or used to give the opportunity of impoisonment, or to facilitate the execution of it, or to stop or divert any impediments that might hinder it, and this be with an intention to accom
son, the cup itself of princes will scarce serve, in regard of many poisons that neither discolour nor
distaste.
because it concerneth not only the destruction of the maliced man, but of any
the last
is,
And
plish and achieve the impoisonment; all these I are abetments, and accessaries before the fact.
will put you a familiar example. Allow there be a conspiracy to murder a man as he journeys by
for many times other; "Quis modo tutus erit the poison is prepared for one, and is taken by so that men die other men s deaths ; another
?"
"
considit infelix alieno vulnere
:"
and
it
is,
as
the way, and it be one man s part to draw him forth to that journey by invitation, or by coloui of some business; and another takes upon him to
the psalm calleth it, "sagitta nocte volans;" the arrow that flieth by night, it hath no aim or cer
tainty.
dissuade some friend of his, whom he had a pur pose to take in his company, that he be not too
strong to
make
his defence
and another hath the
Now,
for the third
degree of this particular
part to go along with him, and to hold
him
in
CIIAK<;I:
A.GAIN8T KOHI-KT,
who
I:\KI.
or SOMI;KSI:T.
tiicin,
323
made
the first blow lie given: all these, my without scruple, arr abettors to this murder, though none of tlitMii give the blow, nor assist to îve tin: blow.
talk
till
perused
copied, registered them,

:
.urds.
My
slip
lords,
he
is
not the hunter atone that lets

that lodges
tin-
them as he thought good so that, 1 will undertake, the time was wln-ri Overbury more of the secrets of btate than the coun knew cil-table did. Nay, they were grown to such an
tables of
tilt;
dog upon the deer, but he
deer, or raises him, or puts him out, or he, Bets a toil that he cannot escape, or the like.
tli.a
Hut this, my lords, little needeth in this pre sent case, where there is such a chain of acts of impoisonment as hath been seldom seen, and could hardly have been expected, but that great
ness of fortune inaketh
olle ruling.
a play of all the world so as they had ciphers and jargons for the king, the queen, and all the great men; things seldom used, but either by princes
inwardness, as they besides themselves
made
and
as
their
ambassadors and ministers, or by such

practise against, or at least upon,
work and
princes.
commonly grossness
themselves,
in
you
to the proofs
:
To descend
keep
First, I will
I shall
for a foundation, that there
But, understand me, my lord, I shall not charge this day with any disloyalty ; only I say this was a great communi
this course
make
a narrative or declaration of that
cation of secrets between you and Overbury, and it had relation to matters of estate, and the
greatest causes of this kingdom. But, my lords, as it is a principle in nature, that the best things are in their corruption the
the fact
itself.
Secondly, I will break and distribute the proofs as they concern the prisoner.
And, thirdly, according to that distribution, I will produce them, and read them, or use them. So that there is nothing that I shall say, but
your lordship,
worst, and the sweetest wine makes the sharpest vinegar; so fell it out with them, that this excess, as I may term it, of friendship, ended in mortal
my
some twelve months before when I open it, you may take your aim. Secondly, Overbury s imprisonment in the Tower, that my when I distribute it, you may prepare your Lord of Somerset was entered into an unlawful answers without confusion. And, lastly, when I love towards his unfortunate lady, then Countess produce the witnesses or examinations them- of Essex which went so far, as it was then
three thoughts or cogitations to
:
Lord of Somerset, shall have hatred on answer it First, For it
my
fell
Lord of Somerset
out,
s part.
you may again ruminate and re-advise secretly projected, chiefly between my Lord Privy how to make your defence. And this I do the Seal and my Lord of Somerset, to effect a nullity rather, because your memory or understanding in the marriage with my Lord of Essex, and so to
selves,
I
may
not be
oppressed or overladen with the

j
length of evidence, or with confusion of order,
proceed to a marriage with Somerset, This marriage and purpose did
Overbury
Nay, more, when your lordship

answers
in
shall
make your mainly oppugn, under
when
fact.
your time, I will put you in mind, cause shall be, of your omissions.
Sir
pretence to do the true part of a friend, for that he counted her an unworthy woman ; but the truth was, that Overbury,
simple narrative of the for a time was known to have had great interest and great friendship with my Lord of Somerset, both in his meaner fortunes, and after; insomuch as he was a kind of oracle of direction unto him ; and, if you will
First, therefore, for the
speak plainly, had little that was solid or moral virtue, but was a man possessed with ambition and vainglory, was loath to have any partners in the favour of my Lord of Somerset, and especially not the house of the Howards, against whom he had always believe his own vaunts, being of an insolent professed hatred and opposition ; so all was but Thrasonical disposition, he took upon him, that miserable bargains of ambition. the fortune, reputation, and understanding of this And, my lords, that this is no sinister construcgentleman, who is well known to have had. a tion, will well appear unto you, when you shall better teacher, proceeded from his company and hear that Overbury makes his brags to my Lord
who,
for
to
Thomas Overbury
religion
counsel.
of Somerset, that he had
won him
the love of the
And this friendship rested not only in conver sation and business of court, but likewise in com
lady by his letters and industry: so far was he from cases of conscience in this matter. And,
munication of secrets of estate. For my Lord of certainly, my lords, howsoever the tragical misery Somerset, at that time exercising, by his ma- of that poor gentleman, Overbury, ought somewhat ^tY s special favour and trust, the office of the to obliterate his faults; yet, because we are not Isecretary provisionally, did not forbear to acquaint now upon point of civility, but to discover the Overbury with the king s packets of despatches face of truth to the face of justice; and that it is from all parts, Spain, France, the Low Countries, material to the true understanding of the state of &c. And this not by glimpses, or now and then this cause; Overbnry was naught and corrupt, rounding in the ear for a favour, but in a settled the ballads must be amended for that point. in timer: But, to proceed ; when Overbury saw that he packets were sent, sometimes opened
|
j
liy
my
lord,
sometimes unbroken, unto Overbury, was
like to be dispossessed of
my
lord here,
whom
324
CHARGE AGAINST ROBERT, EARL OF SOMERSET

therefore, the next link of the chain
he had possessed so long, and by whose greatness he had promised himself to do wonders ; and being a man of an unbounded and impetuous spirit, he began not only to dissuade, but to deter him from that love and marriage; and finding him
fixed, thought to try stronger remedies, suppos ing that he had my lord s head under his girdle, in respect of communication of secrets of estate,
or, as
wa*
to dis
place the then lieutenant, \\ aade, and to place Helwisse, a principal abettor in the impoison-
ment: again,
keeper in
was
this
to
displace Gary, that was the unders time, and to place \Veston, who the principal actor in the impoisonment: anil
to
Waade
he calls them himself in his
letters, secrets
natures; and therefore dealt violently with him, to make him desist, with menaces of dis covery of secrets, and the like. of
all
;
was done in such a while, that it may appear be done, as it were, with one breath, as there were but fifteen days between the commit ment of Overbury, the displacing of Waade, the
placing of Helwisse, the displacing of Gary, the under-keeper, the placing of Weston, and the
Hereupon grew two streams of hatred upon first poison, given two days after. Then, when they had this poor gentleman in the Overbury the one, from the lady, in respect that he crossed her love, and abused her name, which Tower, close prisoner, where he could not escape are furies to women ; the other, of a deeper and nor stir, where he could not feed but by their more mineral nature, from my Lord of Somerset hands, where he could not speak nor write but
himself;
who was
afraid of
Overbury
nature,
he did break from him and fly out, he would mine into him, and trouble his whole
and
that, if
through their trunks ; then was the execute the last act of this tragedy.
time
to
fortunes.
I might add a third Northampton s ambition, who desires to be first in Turner be the say-mistress of the piosons, to my Lord of Somerset; and knowing try upon poor beasts, what is present, and what Overbury s malice to himself and his house, works at distance of time. Then must Weston thought that man must be removed and cut off. be the tormentor, and chase him with poison after So it was amongst them resolved and decreed that poison poison in salts, poison in meats, poison in sweatmeats, poison in medicines and vomits, Overbury must die. To until at last his body was almost come, by use Hereupon they had variety of devices. of poisons, to the state that Mithridates s body send him beyond sea, upon occasion of employ ment, that was too weak and they were so far was by the use of treacle and preservatives, that from giving way to it, as they crossed it. There the force of the poisons were blunted upon him: rested but two ways, quarrel or assault, and Weston confessing, when he was chid for not For that of assault, after some proposi despatching him, that he had given him enough poison. tion and attempt, they passed from it; it was a to poison twenty men. Lastly, because all this thing too open, and subject to more variety of asked time, courses were taken by Somerset, both to divert all means of Overbury s delivery, and to chances. That of poison likewise was a hazard
Then must Franklin be purveyor of the poi sons, and procure five, six, seven several potions, stream from the Earl of to be sure to hit his complexion. Then must Mrs.
favour with
cautions
ous thing, and subject to many preventions and especially to such a jealous and work
;
entertain
Overbury by continual
letters,
and partly
ing brain as Overbury had, except he were

fast in their
first
of hopes and projects for his delivery, and partly of other fables and negotiation ; somewhat like
hands.
Therefore, the
trap,
way was
first to
get
him
into a
some kind of persons, which I will not name, which keep men in talk of fortunetelling, when
and lay him up, and then they could not they have a felonious meaning. And this is the true narrative of this act of im miss the mark. Therefore, in execution of this plot, it was devised, that Overbury should be designed poisonment, which I have summarily recited. to some honourable employment in foreign parts, Now, for the distribution of the proofs, there and should underhand by the Lord of Somerset are four heads of proofs to prove you guilty, my be encouraged to refuse it ; and so upon that con Lord of Somerset, of this impoisonment; where tempt he should be laid prisoner in the Tower, of two are precedent to the imprisonment, the and then they would look he should be close third is present, and the fourth is following or enough, and death should be his bail. Yet were subsequent. For it is in proofs as it is in lights, they not at their end. For they considered that there is a direct light, and there is a reflexion of if there was not a fit lieutenant of the Tower for light, or back light. their purpose, and likewise a fit under-keeper of The first head or proof thereof is, That there Overbury; first, they should meet with many was a root of bitterness, a mortal malice or hatred, in the giving and exhibiting the mixed with deep and bottomless fears, that you impediments poison. Secondly, they should be exposed to had towards Sir Thomas Overbury. note and observation that might discover them. The second is, That you were the principal And, thirdly, Overbury in the mean time might actor, and had your hands in all those acts, write clamorous and furious letters to other his which did conduce to the impoisonment, and t nends, and so all might be disappointed. And, which gave opportunity and means to etlret it ;
|
! j |
cil \K(.i:
and
(i
\c.
VINST KUHKKT, EARL OF

;
SOMKKMT.
is
325
for secrets,
witli M.t
iv.
hern,
,iiid
which tin- impois Miiiicnt could never which could serve, or tend to no
impoisonment. your hand was in the very itself, which is more than needs to
so as there
work enough
HUT
rnii lint to the
The
tliird is, Tlr.it
iiii|ioisoiiiuiMit
be proved; that you did direct poison ; that you did deliver poison; that you did continually hearken to the success of the impoisonment ; and ih. u you spurred it on, ami called for despatch
lingered. And, lastly, That you did all the things after the impoisonment, which may delect a guilty
whatsoever they were: and, like princes confederates, they had their ciphers and jargons. And, lastly, I will show you that it is but a toy to say that the malice was only in respect he spake dishonourably of the lady; or for doubt ,,f
breaking the marriage: for that Overbury was a coadjutor to that love, and the Lord of Somerset
was
when you thought
it
us deep in speaking ill of the lady as OverAnd, again, it was too late for that matter, bury. for the bargain of the match was then made and And if it had been no more but to remove past.
conscience, for the smothering of it, and avoid ing punishment for it: which can be but of throe kinds; That you suppressed, as much as in you
:
was, testimony That you did deface, and de And, lastly, stroy, and clip, and misdate all writings that periculum periculo vincitur," to might give light to the impoisonment; and that go so far as an impoisonment, must have a deeper you did fly to the altar of guiltiness, which is a malice than flashes for the cause must bear a pardon, and a pardon of murder, and a pardon for proportion to the effect. For the next general head of proofs, which onyourself, and not for your lady. In this, my lord, I convert my speech to you, sists in acts preparatory to the middle acts, they because I would have you attend the points of are in eight several points of the compass, as I your charge, and so of your defence the better. may term it. And two of these heads I have taken to myself, First, That there were devices and proj*..:ts to and left the other two to the king s two Serjeants. despatch Overbury, or to overthrow him, plotted For the first main part, which is the mortal between the Countess of Somerset, the Earl of hatred, coupled with fear, that was in my Lord of Somerset, and the Earl of Northampton, before Somerset towards Overbury, although he did they fell upon the impoisonment for always be fore men fix upon a course of mischief, there be palliate it with a great deal of hypocrisy and dis but die he must, one way or simulation, even to the end ; I shall prove it, my some rejections lord steward, and you, my lords and peers, other. Secondly, That my Lord of Somerset was a manifestly, by matter both of oath and writing.
"
Overbury from disturbing of the match, it had been an easy matter to have banded over Overbury beyond seas, for which they had a fair way but that would not serve their turn.
;
The root of this hatred was many a man s life, that is,
secrets
:
that that hath cost

fear of discovering
secrets,
nature:
Wherein the course

I
say, of a high and dangerous that I will hold,

that
principal practiser, I must speak it, in a most per fidious manner, to set a train or trap for Overbury, to get him into the Tower; without which they
shall be this:
such a breach and First, malice was between my lord and Overbury, and that it burst forth into violent menaces and threats
will
show
never durst have attempted the impoisonment. Thirdly, That the placing of the lieutt.iant Helwisse, one of the impoisoners, and the dis placing of Waade, was by the means of my Lord of Somerset.
Fourthly, That the placing of \Veston, the UtiSecondly, That these secrets were not light, der-keeper, who was the principal impoisoner, and but of a high nature; for 1 will give you the ele the displacing of Gary, and the doing of all this vation of the pole. They were such as my within fifteen days after Overbury s commitment, Lord of Somerset for his part had made a vow, was by the means and countenance of my Lord of
on both sides.
Overbury should neither live in court nor That he had likewise opened himself country. and his own fears so far, that if Overbury ever came forth of the Tower, either Overbury or him And of Overbury s part, he self must die for it. had threatened my lord, that whether he did live or die. my lord s shame should never die, but he would leave him the most odious man of the world. Anl, f irther, that my lord was like enough to repent it, in the place where Overbury wrote, a which was the Tower of London. He
that
\va>
And these two were the active instru ments of the impoisonment: and this was a busi* ness that the lady s power could not reach unto. Fifthly, That, because there must be a time for the tragedy to be acted, and chiefly because they would not have the poisons work upon the sudden and for that the strength of Overbury s nature, or the very custom of receiving poison into his body, did overcome the poisons, that they wrought not so fast; therefore Overbury must lie held in the Tower. And as my Lord of Somerset cr,,t true prophet in that: .so here is the height of the him into the trap, so he kept him in, and abused him with continual hopes of liberty ; and diverted secrets. Thirdly, I will show you, that all the kind s all the true and effectual means of his liberty, an^ Lusiiii was by my lord put into Overbury s made light of his sickness and extremities.
Somerset.
,
>s
2E
LETTERS CONCERNING ROBERT, EARL OF SOMERSET.

Sixthly, That not only the plot of getting Overbury into the Tower, and the devices to hold him and keep him there; but the strange manner of his close keeping, being in but for a contempt, was by the device and means of my Lord of Somerset, who denied his father to see him, denied his servants that offered to be shut up close prisoners with him; and in effect handled it so, that he was close prisoner to all his friends, and open and exposed to all his enemies.
Londoners, 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
what may be
as odious to them as to the vulgar, but hereafter. Besides, there be two
disadvantages, we that shall give in evidence shall meet with, somewhat considerable ; the one, that the same things often opened, lose their freshness, except there be an aspersion of some
what
that is
new
the other
is,
the expectation
less than they
Seventhly, That the advertisements which my lady received from time to time from the lieu
raised,
which makes things seem
are, because they are less than opinion.
There
tenant or Weston, touching Overbury s state of fore, I were not your attorney, nor myself, if I body or health, were ever sent up to the court, should not be very careful, that in this last part, though it were in progress, and that from my which is the pinnacle of your former justice, all
lady: such a thirst and listening this lord had to hear that he was despatched. Lastly, There was a continual negotiation to
things
pulo."
may
pass
"sine
offendiculo, sine scru-
Hereupon I did move two things, which, having now more fully explained myself, I do, in
set Overbury s head on work, that he should make all humbleness, renew. First, that your majesty some recognition to clear the honour of the lady will be careful to choose a steward of judgment, and that he should become a good instrument to that may be able to moderate the evidence, and wards her and her friends all which was but en cut off digressions; for I may interrupt, but I
;
:
tertainment; for your lordships shall plainly see divers of my Lord of Northampton s letters,
whose hand was deep in this business, must say it, in dark words and clauses
written, I that there
cannot silence: the other, that there may be special care taken for the ordering the evidence, not only for the knitting, but for the list, and, to
use your majesty
it.
own
words, the confining of
was one
what not
that there
thing pretended and another intended ; was a real charge, and there was some
real
;
This
it
direct
do, if your majesty vouchsafe to yourself, that is the best; if not, I

to
a main
drift,
and a dissimulation.
be some passages which the Nay, peers in their wisdom will discern to point directly
farther, there
at the
impoisonment. [After this inducement followed the evidence
humbly pray you to require my lord chancellor, lord chief justice, will that he, together with confer with myself, and my fellows, that shall be used for the marshalling and bounding of the
my
itself.]
evidence, that we may have the help of his opinion, as well as that of my lord chief justice;
that
whose great travels, as same plerophoria,"

"
much commend,
yet
or over-confidence, doth
IT
TO HIS MAJESTY, ABOUT THE EARL OF SOMERSET. MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
At
always subject things to a great deal of chance. to There is another business proper for
me
your majesty, it was fit and your journey, which maketh me now trouble your majesty with sidering times and persons, I desire to be a remnant of that I thought then to have said strengthened by some such form of command besides your old warrant and commission to me, ment under your royal hand, as I send you here
my
last access to
for
me
to consider the time
crave of your majesty at this time, as one that have, in my eye, a great deal of service to be done concerning your casual revenue ; but con
your majesty when you are "aux any thing that concerned your and my place. I know your majesty is service, nunquam minus solus, quam cum solus:" and I confess, in regard of your great judgment, under which nothing ought to be presented but well weighed, I could almost wish that the manner of Tiberius were in use again, of whom Tacitus
to advertise
champs,"
enclosed.
of
think, I understand
which
most humbly pray your majesty to myself right well in this desire, and that it tendeth greatly to the
I
"
good of your service. The warrant I mean not to impart, but upon just occasion ; thus, thirsty to hear of your majesty s good health, I rest
22 Jan. 1615.
saith,
"
"Mos
;
erat
quamvis praesentem
in absence.
I
adire
much more
scripto said to your
TO SIR GEORGE VILLIERS, ABOUT THE EARL OF SOMERSET.

it convenient to give his majesty an account of that which his majesty gave me in
majesty that
evidence standeth indicted,

but
thai
which I do now repeat, that the SIR, I thought upon which my Lord of Somerset
is
of a good strong thread, considering impoisoning is the darkest of offences ;

the
thread
woven
>ne
together; for, thing to deal with a jury of Middlesex and
must be well spun and his coming; and I your majesty knoweth, it is pleasure in some
!
charge in general, reserving the particulars for find it necessary to know hia things ere I could farther
proceed.
I.l .TTK!Js
CONCERNING Kom
KT,
"i\
AKI.
s
<
or SOMERSET.
327
myself spent Thursday My nnd yesterday, the whole forenoons of hoth days, in the examination of Sir Robert Cotton ; whom we lind hitherto hut empty, save only in the
great point of the treaty with Spain. This examination was taken heforo
jesty s warrant
for
Vice-<
lord chancellor and
nr.:|i
shall pr.
pleasure that my lord el ancellor and I -ed to the examination of him, for that
of
of the
Duke may
Lenox
ditl ers, in
that there is not
the like cause as in that of Somerset, then Ins
his
ma
rame to Mr. hamherlain, communieatin .: nntn us the secrets of the William Mounson, that those, joined to the which warrant I received yesterday information which we have received from Mr. pensions; mornintr, heing Friday, and a meeting was ap Vice-Chamherlain, may be full instructions unto
pointed at my lord chancellor s in the evening, after council upon which conference we find
;
he pleased to direct his command to my lord chief justice, to deliver unto me the examination he took of Sir
lii.iji
sty
ment and warrant
matter of farther examination for Sir Rohert Cot ton, of some new articles whereupon to examine
Farther, I pray let his majesty know, that on Thursday in the evening, my lord chief justice and myself attended my
us for his examination.
lord chancellor at his house, for the settling that Somerset, and of entering into examination of Sir scruple which his majesty most justly conceived William Mounson. in the examination of the Lady Somerset; at Wherefore, first for Somerset, being now ready which time, resting on his majesty s opinion, that
examine him, we stay only upon that evidence, as it standcth now uncleared, must, who it seemeth is fallen sick secundum leges sanaj conscientise" be laid and keepeth in without whom, we neither think aside; the question was, whether we should it warranted by his majesty s direction, nor leave it out, or try what a re-examination of my agreeable to his intention, that we should pro Lady Somerset would produce 1 Whereupon we ceed for that will want, which should sweeten agreed upon a re-examination of my Lady Somer the cup of medicine, he being his countryman and set, which my lord chief justice and I have
to proceed to
the
Duke
of Lenox,
;
"
friend.
jesty s
direction
Herein, then, we humbly crave his ma with all convenient speed,

shall expect the duke s recovery, or ourselves ; or that his majesty will
appointed for
Monday morning.
was bold
at
that meeting to put
my
lord chief justice a posing
whether we
proceed by
question; which was, Whether that opinion which his brethren had given upon the whole evi dence, and he had reported to his majesty, namely, that it was good evidence, in their opinions, to convict my Lord of Somerset, was not grounded
:
think of some other person, qualified, according to his majesty s just intention, to be joined with us. I remember we had speech with his majesty of
my
other, except
Lord Hay; and I, for my part, can think of no upon this part of the evidence now to be omitted, it should he my Lord Chancellor of as well as upon the rest who answered posi )rd Binning may be thought tively, No; and they never saw the exposition of Scotland, for my
too near allied.
I
the letter, but the letter only.
am
farther to
know
;
concerning the day
for
his majesty s pleasure my lord chancellor and I

:
The same Thursday evening,
before
we
entered
into this last matter, and in the presence of
Mr.
conceived his majesty to have designed the Mon- Secretary Winwood, who left us when we went day and Tuesday after St. George s feast; and, to the former business, we had conference con nevertheless, we conceived also, that his majesty cerning the frauds and abusive grants passed to derstood that the examinations of Somerset the prejudice of his majesty s state of revenue; about this, and otherwise touching the Spanish where my lord chief justice made some relation practices, should first be put to a point; which of his collections which he had made of that
will not be possible, as time cometh on, by reason of this accident of the duke s sickness, and the
cause
for
we
find of Sir
William Mounson
nation, and that divers of the peers are to
kind; of which I will only say this, that I heard nothing that was new to me, and I found my lord chancellor, in divers particulars, more ready than be sent I had found him. grew to a distribution^toth
exami
We
from remote places. of times and of matters, for we agreed what to It may please his majesty, therefore, to take begin with presently, and what should follow, into consideration, whether the days may not and also we had consideration what was to be well be put off till Wednesday and Thursday holpen by law, what by equity, and what by parterm, which endeth on the Monday, being the Wednesday and Thursday before Whitsuntide; or, if that please not his majesty, in respect, it may be, his majesty will be then in town, whereas these arraignments have been still in his majesty s absence from town, then to take
heintr the
after the
liament; wherein I must confess, that in the last of these, of which my lord chief justice made most account, I make most doubt. But the conelusion was, that, upon this entrance, I should
advise and confer at large with
i;i work. justice, and set things ] refer till his majesty s coming,
my
The
lord
chiff
particulars
Monday and Tuesday after Trinity Sunday, Monday and Tuesday before Trinity
The
twice at
term.
learned counsel have now attended m my chamber, 1o confer upon that which
Now,
for Sir
William Mounson,
if it
he his his majesty gave us in
commandment for
our oju
328

1
down by my lord chan- might stay till he spake with his majesty, saying whether the statutes extend to it or it could be no casting; back to the business; \vln no;j wherein we are more and more edified and con did ;i|>prove. firmed that they do not, and shall shortly send with the rest of my fellows, upon du? Myself, our report to his majesty. and mature advice, perfected our report touch. ng Sir, I hope you will bear me witness I have the chancery ; for the receiving whereof, 1 pray not been idle ; but all is nothing to the duty I you his majesty in mind at his coming, to put owe his majesty for his singular favours past and appoint some time for us to wait upon him present; supplying all with love and prayers, I altogether, for the delivery in of the same, as we
nion upon the case set
cellor,
rest,
did in our former certificate.
Your
April 13, 1016.
true friend
and devoted servant, FR. BACON.
majesty
For the revenue matters, I reserve them to his s coming; and in the mean time I doubt
not but Mr. Secretary Winwood will kind of report thereof to his majesty.
make some
For the conclusion of your

1"
letter
concerning
-
clear directions
received from you a letter of very brief and and I think it a great blessing ; of God upon me and my labours, that my direc tions come by so clear a conduit, as they receive
I
TO SIR GEORGE VILLIERS, ABOUT THE EARL own comfort, I can but say the psalm of Quid OF SOMERSET. retribuam God, that giveth me favour in his SIR, majesty s eyes, will strengthen me in his majesty s
service.
I
my
ever rest
Your
April 18, 1616.
true
and devoted servant, FR. BACON.
no tincture in the passage. To requite your postscript of excuse for scrib Yesterday my lord chancellor, the Duke of bling, I pray you excuse that the paper is not gilt, and myself, spent the whole afternoon at I Lenox, writing from Westminster-Hall, where we are the Tower, in the examination of Somerset, upon not so fine. the articles sentfrom his majesty, and some other additionals, which were in effect contained in the former, but extended to more particularity, by A LETTER TO THE KING.WITH HIS MAJESTY S occasion of somewhat discovered by Cotton s ex OBSERVATIONS UPON IT. amination, and Mr. Vice-Chamberlain s informa IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, tion. Your majesty hath put me upon a work of pro He is full of protestations, and would fain that quarter toward Spain clear; using but vidence in this great cause, which is to break and keep and this for argument, that he had such fortunes from distinguish future events into present cases his majesty, as he could not thiak of bettering so to present them to your royal judgment, that, in his conditions from Spain, because, as he said, he this action, which hath been carried w ith so great was no military man. He cometh nothing so far prudence, justice, and clemency, there may be, for on, for that which concerneth the treaty, as Cotton, that which remaineth, as little surprise as is which doth much aggravate suspicion again possible; but that things duly foreseen may have him ; the farther particulars I reserve to his ma their remedies and directions in readiness where in I cannot forget what the poet Martial saith ; s coming. jesty
; ;
In the end,
"
tanquam
obiter,"
but very effect
"O
quantum
est
subitis
casibus
ingeniumT
lord chancellor put him in mind of the ually, state he stood in for the impoisonment; but he
my
signifying, that accident is
many times more subtle
was
little
moved with
s
it,
and pretended careless-
than foresight, and overreacheth expectation; and, besides, I know very well the meanness of my
made him unfit own judgment, in comprehending or forecasting I am of opinion that what may follow. It was your majesty s pleasure also, that I should as it was fit for the Spanish the fair usage of him, examinations, and for the questions touching the couple the suppositions with my opinion in every papers and despatches, and all that, so it was no of them, which is a harder task ; but yet youi good preparative to make him descend into him majesty s commandment requireth my obedience, self touching his present danger : and, therefore, and your trust giveth me assurance.
nessôf
for his
life,
since ignominy had

service.
majesty
my
lord chancellor and
myself thought not good

|
to insist
upon
it
at this time.
should
will put the case, which I wish ; that Somerset make a clear confession of his offences,
I have received from my lord chief justice the before he be produced to trial. In this case it seemeth your majesty will have examination of Sir William Mounson; with whom we mean to proceed to farther examination with a now consult; the points whereof will be, 1. Whether your majesty will stay the trial, ami so all speed. and that public lord chief justice is altered touching there- save them both from tho
j j
My
st.it>,
examination of the lady, and desired
me
that
we
ignominy.
2.
Or whether you
will, or
may
fitly,

by l.iw, have the trial proceed, and stay or reprieve the judgment, whieh saveth the lands from for 3. Or feiture, and the Mood from corruption. whether you will have luttli trial and judgment proceed, and nave the hlood only, not from cor rupting, but from spilling.
329
upon presumptions. For certainly there may be at evidence so balanced, as it may have sufficient
matter for the conscience of the peers to convict him, and yet leave sufficient matter in the con science of a king upon the same evidence to par don his life; because the peers are astringed by
free: and, for
These he the depths of your majesty s mercy, which I may not enter into but for honour and
:
necessity either to acquit or condemn ; but -jra--.- is my part, I think the evidence in this
reputation, they have these grounds: That the blood of Overbury is already revenged
by divers executions. That confession and penitency are the footstools odious beyond the extent of mercy. of mercy; adding this circumstance likewise, that Lastly, All these points of mercy and favour are the former offenders did none of them make a clear to be understood with this limitation, if he do not, confession. by his contemptuous and insolent carriage at tho That the great downfall of so great persons bar, make himself incapable and unworthy of itself a heavy judgment, and a kind them. carrieth in
of civil death, although their lives should not be
taken.
All
present case will be of such a nature. Thirdly, It shall be my care so to moderate the manner of charging him, as it might make him not
The
will
third case is, if
he should stand mute and
which may satisfy honour for sparing their But if your majesty s mercy should extend In this case I should think fit, that, as in public, to the first degree, which is the highest, of sparing both myself, and chiefly my lord chancellor, the stage and the trial; then three things are to be sitting then as Lord Steward of England, should considered dehort and deter him from that desperation ; so, First, That they make such a submission or de nevertheless, that as much should be done for him, as they prostrate themselves, and all as was done for Weston ; which was to adjourn precation,
lives.
:
not plead, whereof, your majesty knoweth, there hath been some secret question.
that they have, at your majesty s feet, imploring your mercy. Secondly, That your majesty, in your own wis dom, do advise what course you will take, for the
uttei
extinguishing of all hopes of resuscitating of their fortunes and favour; whereof if there shodd be the least conceit, it will leave in men a
great deal of
some days, upon a Christian ground, time to turn from that mind of destroying himself; during which time your majesty s farther pleasure may be known. The fourth case is that which I should be very
the court for
that he
may have
sorry it should happen, but it is a future contingent ; that is, if the peers should acquit him, and find
envy and discontent. And, lastly ; Whether your majesty will not Buffer it to be thought abroad, that there is cause of farther examination of Somerset, concerning matters of estate, after he shall begin once to be a confessant, and so make as well a politic
ground, as a ground of clemency, for farther stay. And for the second degree, of proceeding to trial, and staying judgment, I must better inform my
self
him not
guilty.
In this case the lord steward must be provided to do. For, as it hath been never seen, as I conceive it, that there should be any rejecting of
what
the verdict, or any respiting of the judgment of the acquittal ; so, on the other side, this case requiieth,
that because there
offences,
be many high and heinous though not capital, for which he may
by precedents, and advise with

case
is,
my lord
we
chan
is
be questioned in the Star Chamber, or otherwise, that there be some touch of that in general at the
conclusion, by
cellor.
my
The second
likest, as
if
that fall out
which
and
that, therefore,
Lord Steward of England ; he be remanded to the Tower
things stand, and which

that the lady confess
;
expect,
:
as close prisoner.
which
and that Somer For the matter of examination, or other proceed set himself plead not guilty, and be found guilty ings, my lord chancellor with my advice hath set In this case, first, I suppose your majesty will down, not think of any stay of judgment, but that the To-morrow, being Monday, for the re-examina
is,
public process of justice pass on.
tion of the lady:
Secondly, For your mercy to be extended to both for pardon of their execution, I have partly touched
Wednesday next, for the meeting of the judges concerning the evidence : in the considerations applied to the former case ; Thursday, for the examination of Somerset whereunto may be added, that as there is ground himself, according to your majesty s instructions : of mercy for her, upon her penitency and free conWhich three parts, when they shall be per fes on, and will be much more upon his finding formed, I will give your majesty advertisement because the malice on his part will be with speed, and in the mean time be glad to guilty;
j
thought the deeper source of the offence; so there will be ground for mercy on his part, upon the Vature of the proof; and because it rests chiefly
receive from your majesty, whore t is my part to inform truly, such directions or signification**
of your pleasure as this advertisement n ay induce,
VOL.
II
12
ill
330
nnd that with speed, because the time cometh on. Yesterday being Wednesday, I spent four 01 Well remembering who is the person whom your five hours with the judges whom his majesty majesty admitted to this secret, I have sent this designed to take consideration with, the four letter open unto him, that he may take your judges of the king s bench, of the evidence majesty s times to report it, or show it unto you ; against Somerset: they all concur in opinion, that .insuring myself that nothing is more firm than the questioning and drawing him on to trial is most honourable and just, and that the evidence is his trust, tied to your majesty s commandments. Your majesty s most humble fair and good. and most bounden subject and servant, His majesty s letter to the judges concerning FR. BACON. the Commendams" was full of magnanimity and 1616. April 28, wisdom. I perceive his majesty is never less alone, than when he is alone ; for I am sure there was nobody by him to inform him, which made TO SIR GEORGE VILLIERS, ABOUT THE EARL me admire it the more. The judges have given a day over, till- the OF SOMERSET. second Saturday of the next term; so as that SIR, 1 have received my letter from his majesty, with matter may endure farther consideration, for his
"
his marginal notes,
which
shall be
my directions,
being glad to perceive I understand his majesty so well. That same little charm, which may be
secretly infused into Somerset s ear some few before his trial, was excellently well thought of by his majesty ; and I do approve it
hours both
majesty not only not to lose ground, but to win ground. To-morrow is appointed for the examination of Somerset, which, by some infirmity of the Duke of Lenox, was put off from this day. When this
is done, I will write more fully, ever resting and time ; only, if it seem good to Your true and devoted servant, his majesty, I would wish it a little enlarged FR. BACON. for if it be no more than to spare his blood, he May 2, 1616. 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 TO SIR GEORGE VILLIERS, OF SOMERSET S ARRAIGNMENT. hopes that his majesty will be good to his lady and child; and that time, when justice and his SIR, I am far enough from opinion, that the redinte majesty s honour is once saved and satisfied, may gration or resuscitation of SoMerset s fortune can produce farther fruit of his majesty s compassion which was to be seen in the example of South ever stand with his majesty s honour and safety; and therein I think I expressed myself fully to ampton, whom his majesty after attainder restored and Cobham and Gray, to whom his majesty, not iiis majesty in one of my former letters ; and I withstanding they were offenders against his own know well any expectation or thought abroad ill do much hurt. But yet the glimmering of person, yet he spared their lives ; and for Gray, his majesty gave him back some part of his estate, that which the king hath done to others, by way and was upon point to deliver him much more. of talk to him, cannot hurt, as I conceive ; but I He having been so highly in his majesty s favour, would not have that part of the message as from may hope well, if he hurt not himself by his the king, but added by the messenger as from tiimself. This I remit to his majesty s princely public misdemeanor. For the person that should deliver this message, udgment. For the person, though he trust the lieutenant I am not so well seen in the region of his friends, as to be able to make choice of a particular; my well, yet it must be some new man for, in these lord treasurer, the Lord Knollys, or any of his cases, that which is ordinary worketh not so nearest friends should not be trusted with it, for Treat impressions as that which is new and they may go too far, and perhaps work contrary to extraordinary. The time I wish to be the Tuesday, beinsr the his majesty s ends. Those which occur to me are my Lord Hay, my Lord Burleigh, of Eng even of his lady s arraignment; for, as his maland, I mean, and Sir Robert Carre. esty first conceived, I would not have it stay in My Lady Somerset hath been re-examined, and iis stomach too long, lest it sour in the diges his majesty is found both a true prophet and a tion ; and to be too near the time, may be thought to tune him for that day. most iust king in that scruple he made; for now I send herewithal the substance of that which nhe expoundeth the word He, that should send tne tarts to Elwys s wife, to be of Overbury, and purpose to say nakedly, and only in that part not of Somerset ; but fmr the person that should which is of tenderness ; for that I conceive was
for matter
>ut
bid her, she sai^
it
was Northampton
or
Weston,
iis
majesty
l>e
meaning.
not pitching upon certainty, which giveth some Kl vantage to the evidence.
It will
>arts
to
necessary, because I have distributed the two Serjeants, as that paper doth
LETTERS
CON<
I;K\I\<.
ROBERT, EARL OF SOMERSET.

long as he stood upon his innocency and
331
trial,
expiess, and they understand
nothing of his majesty s pleasure of the manner of carrying tinevidence, more than they may guess by observa tion of my example, which they may ascribe as
your majesty was
tied in
cording to justice ; being a close prisoner,
honour to proceed ac and, that he little understood,
how much
the
t;iti.
exp-<
much
to
my
nature, as to direction;
then-Inn-.
of the world, besides your love to justice

:
itself,
that his majesty would be pleased to write some ew words to us all, signed with his own hand,
that,
engaged your majesty, whatsoever your inclina tions were but, nevertheless, that a frank and
matter itself being tragical enough, clear confession might open the gate of mercy, and insulting be forborne; and that we and help to satisfy the point of honour. remember our part to be to make him delinquent That his lady, as he knew, and that after many to the peers, and not odious to the people. That oaths and imprecations to the contrary, had never part of the evidence of the lady s exposition of theless, in the end, being touched with remorse, the pronoun, He, which was first caught hold of confessed ; that she that led him to offend, might by me, and afterwards by his majesty s singular lead him likewise to repent of his offence : that wisdom and conscience excepted to, and now is the confession of one of them could not fitly do by her re-examination retracted, I have given either of them much good, but the confession of order to Serjeant Montague, within whose part it both of them might work some farther effect I do yet towards both falleth, to leave it out of the evidence. and, therefore, in conclusion, we crave pardon, if I do not certify touching the wished him not to shut the gate of your majesty s point of law for respiting the judgment, for I have mercy against himself, by being obdurate any not fully advised with my lord chancellor con This was the effect of that which was longer. cerning it, but I will advertise it in time. spoken, part by one of us, part by another, as it I send his majesty the lord steward s commis fell out; adding farther, that he might well sion in two several instruments, the one to remain discern who spake in us in the course we held ; with my lord chancellor, which is that which is for that commissioners for examination might not written in secretary-hand for his warrant, and is presume so far of themselves. to pass the signet; the other, that whereunto the Not to trouble your majesty with circumstances great seal is to be affixed, which is in chancery- of his answers, the sequel was no other, but that hand his majesty is to sign them both, and to we found him still not to come any degree farther transmit the former to the signet, if the secreta on to confess ; only his behaviour was very sober, ries either of them be there ; and both of them are and modest, and mild, differing apparently from to be returned to me with all speed. I ever rest other times, but yet, as it seemed, resolved to Your true and devoted servant, have his trial. May 5, 1616. FR. BACON. Then did we proceed to examine him upon
the
liitterness
: :
divers
questions
to the
touching
the
impoisonment,
which indeed were very material and supple
TO THE KING, ABOUT SOMERSET

IT
EXAMI
mental
former evidence; wherein either
which is apparently perform proved. made this farther observation ; that when your majesty s commission, both in matter and manner, for the examination of my Lord of So we asked him some question that did touch the wherein that which passed, for the gene prince or some foreign practice, which we did merset; ral, was to this effect; That he was to know his very sparingly at this time, yet he grew a little own case, for that his day of trial could not be stirred; but in the questions of the impoisonment far off; but that this day s work was that which Thus, not thinking it very cold and modest.
NATION. MAY PLEASE TOUR MAJESTY,
his affirmatives gave
some
light, or his negatives
We
do greatly
falsify
him
in that
have done our best endeavours
to
We
would conduce
to
your majesty
s justice little or
necessary to trouble
farther particulars,
your
nothing, but to your mercy much, if he did lay hold upon it; and therefore might do him good
we end
majesty with with prayer to
any
God
ever to preserve your majesty.
but could do him no hurt.
For, as for your
Your majesty
If
most loyal and
faithful servant,
justice, there had been taken great and grave opinion, not only of such judges as he may think
violent, but of the
FR. BACON. seem good unto your majesty, Postscript. most sad and most temperate we think it not amiss some preacher, well chosen,
it
j
of the kingdom, who ought to understand the had access to my Lord of Somerset for his preparstate of the proofs, that the evidence was full to ing and comfort, although it be before his trial, convict him, so as there needeth neither confes But for your sion, nor supply of examination. majesty s mercy, although he were not to expect TO SIR GEORGE VILLIERS.
that your majesty
make any promise, we did assure him, SIR, was compassionate of him if he I send you enclosed a warrant for my Lady of gave you some ground whereon to work that, as Somerset s pardon, reformed in that main and
should
;
we
332

wonderful desirous to see that kingdom because it is the proper work and glory of his majesty and his times. And his majesty may be pleased to call to mind, that, a good while
I
material point, of inserting a clause [that she was not a principal, but an accessary before the fact,
am
flourish,
by
Her friends the instigation of base persons.] think long to have it despatched, which I marvel not at, for that in matter of life moments are
since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate numbered. I do more and more take contentment in his remembrancer tc his majesty s princely wisdom God ever keep you and prosmajesty s choice of Sir Oliver St. John, for his in that business.
deputy of Ireland, finding, upon divers conferences per you. with him, his great sufficiency ; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time,
shall
Your
true and
most devoted and bounden servant,

FR. BACON
work a good
effect for his
majesty
s service.
PAPERS
RELATING TO
THE EARL OF ESSEX,

THE APOLOGY
SIR
FRANCIS BACON,
IN CERTAIN
IMPUTATIONS CONCERNING THE LATE EARL OF ESSEX.
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 in common speech, as if I had
been false or unthankful to that noble, but unfor tunate earl, the Earl of Essex: and for satisfying the vulgar sort, I do not so much regard it ; though I love a good name, but yet as a handmaid and For I am of his attendant of honesty and virtue. opinion that said pleasantly, "That it was a
was done in my duty and service to the queen and the state ; in which I would not show myself false-hearted, nor faint-hearted, for any man s sake living. For every honest man that
ceeding,
hath his heart well planted, will forsake his king, rather than forsake God, and forsake his friend, rather than forsake his king ; and, yet, will forsake
any earthly commodity, yea, and
his
own
life,
in
some
shame to him that was a suitor to the mistress, to make love to the waiting-woman;" and, therefore,
to
I cases, rather than forsake his friend. hope the world hath not forgotten these degrees, Amicus usque ad aras," else the heathen saying,
"
woo
or court
common
fame, otherwise than
it
lolloweth on honest courses, I, for my part, find not myself fit or disposed. But, on the other side,
no worldly thing that concerneth myself, hold more dear, than the good opinion of certain persons ; among which, there is none
there
is
which
I
judge them. And if any man shall say, I did officiously intrude myself into that business, because I had no ordinary place; the like may be said of all the business, in effect, that passed the hands of the
shall
unto, than to your lordship. First, because you loved my Lord of Essex, and, therefore, will not be
would more willingly give
satisfaction
learned counsel, either of state or revenues, these many years, wherein I was continually used. For, as your lordship may remember, the queen
knew
;
towards me, which is part of that I desire next, because it hath ever pleased you to show yourself to me an honourable friend, and so no baseness in me to seek to satisfy you: and, 1 istly, because I know your lordship is excellently grounded in the true rules and habits of duties and moralities, which must be they which shall decide this matter; wherein, my lord, my defence needeth to be but simple and brief; namely, that whatsoever I did concerning that action and pro
partial
:
word should be a warrant; and,
her strength so well, as she looked her after the manner
of the choicest princes before her, did not always tie her trust to place, but did sometime divide
though
j
And I, for my part, private favour from office. I was not so unseen in the world, but I
knew
the condition
was
subject to envy and peril
knew again she was constant in her favours, and made an end where she began and, especially, because she upheld me with
yet, because I
;
,
extraordinary access, and
other demonstrations
333
334
APOLOGY CONCERNING THE EARL OF ESSEX.

his service to be at
of confidence and grace, I resolved to endure it in expectation of better. But my scope and
desire
my
on the other side,

]
must and
lord s disposing. And will ever acknow
is, that your lordship would be pleased to ledge my lord s love, trust, and favour towards have the honourable patience to know the truth, me ; and last of all his liberality, having in in some particularity, of all that passed in this feoffed me of land which I sold for eighteen cause, wherein I had any part; that you may hundred pounds to Mr. Reynold Nicholas, which, how honest a heart I ever bare to my I think, was more worth; and that at such a time, perceive and with so kind and noble circumstances, as the sovereign, and to my country, and to that noble man, who had so well deserved of me, and so manner was as much as the matter ; which, though well accepted of my deservings, whose fortune it be but an idle digression, yet, because I am not I cannot remember, without much grief. But, for willing to be short in commemoration of his be any action of mine towards him, there is nothing nefits, I will presume to trouble your lordship that passed me in my lifetime, that cometh to my with relating to you the manner of it. After the remembrance with more clearness, and less check queen had denied me the solicitor s place, for the of conscience: for it will appear to your lordship, which his lordship had been a long and earnest that I was not only not opposite to my Lord of suitor on my behalf, it pleased him to come to Essex, but that I did occupy the utmost of my me from Richmond to Twickenham Park, and Mr. Bacon, the wits, and adventure my fortune with the queen, brake with me, and said to have reintegrated his, and so continued faith queen hath denied me the place for you, and hath fully and industriously, till his last fatal impa placed another ; I know you are the least part of tience, for so I will call it, after which day there your own matter, but you fare ill because you was not time to work for him; though the same, have chosen me for your mean and dependence ; my affection, when it could not work on the you have spent your time and thoughts in my if I subject proper, went to the next, with no ill effect matters ; I die," these were his very words, towards some others, who, I think, do rather not do not somewhat towards your fortune you shall know it, than not acknowledge it. And this I not deny to accept a piece of land which I will will assure your lordship, I will leave nothing bestow upon you." My answer, I remember, was, untold, that is truth, for any enemy that I have that, for my fortune, it was no great matter; but to add; and, on the other side, I must reserve that his lordship s offer made me call to mind much which makes for me, in many respects of what was wont to be said, when I was in France, duty, which I esteem above my credit: and of the Duke of Guise, that he was the greatest what I have here set down to your lordship, I usurer in France, because he had turned all protest, as I hope to have any part in God s his estate into obligations meaning, that he had left himself nothing, but only had bound favour, is true. It is well known, how I did many years since numbers of persons to him. "Now, my lord," dedicate my travels and studies to the use, and, said I, would not have you imitate his course, as I may term it, service of my Lord of Essex, nor turn your estate thus by great gifts into obli which, I protest before God, I did not, making gations, for you will find many bad debtors. election of him as the likeliest mean of mine own He bade me take no care for that, and pressed it advancement, but out of the humour of a man, whereupon I said, My lord, I see I must be that ever from the time I had any use of reason, your homager, and hold land of your gift ; but whether it were reading upon good books, or do you know the manner of doing homage in tipon the example of a good father, or by nature, law 1 Always it is with a saving of his faith to i loved my country more than was answerable to the king and his other lords ; and, therefore, my my fortune and I held at that time my lord to be lord," said I, I can be no more yours than I was, the fittest instrument to do good to the state, and and it must be with the ancient savings and if 1 therefore I applied myself to him in a manner grow to be a rich man, you will give me leave to which I think happeneth rarely among men: for give it back again to some of your unrewarded I did not only labour carefully and industriously followers." in that he set me about, whether it were matter But, to return : sure I am, though I can arrogate
:
"
"
"I
"
"
nothing to myself but that I was a faithful re membrancer to his lordship, that while I had tion, I did nothing but advise and ruminate with most credit with him, his fortune went on best myself, to the best of my understanding, propo and yet in two main points we always directly and sitions and memorials of any thing that might contradictorily differed, which I will mention to
of advice or otherwise, but, neglecting the queen s service, mine own fortune, and in a sort my voca
:
concern his lordship s honour, fortune, or service. your lordship, because it giveth light to all that And when, not long after I entered into this followed. The one was, I ever set this down, course, my brother, Mr. Anthony Bacon, came that the only course to be held with the queen, from beyond the seas, being a gentleman whose was by obsequiousness and observance; and I ability the world taketh knowledge of for matters remember I would usually engage confidently, of state, especially foreign, I did likewise knit that if he would take that course constantly, and
;
APOLOGY
with choice of
the
r
i_
""
roVKUMNG
to
in
Till:
KARL OF
s
KSSI:\.
apology, which
3:13
particulars
queen would
In-
brought
"
express \\i.\time
it,
I"
pricked him
to write that
is in
many men
hands.
suerus
to the
iu<j,
s question, to ask,
\Vli;it
should be done
1"
M* nthat the king would honour that her irnodni NS was without limit, where
I
man
Hut this difference in two points so main and material, hn-d in process of time a discontinuance of privateness, as it is the manner ot ineii seldom
to
t!i
-f was a true concurrence: which
know,
in
communicate where they think
their couraes
her nature, to be true. My lord, on the other side, had a settled opinion, that queen rould be
th"
not approved, between his lordship and myself: so as I was not called nor advised with for some
by a kind of necessity well remember, when, by violent courses at any time, he had got his will,
brought
to
nothing,
;
l)tit
and authority
and,
year and a half before his lordship s going into Ireland, as in former time ; yet, nevertheless,
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 stomach, and you shall be fain
" "
touching his going into Ireland, it pleased him expressly, and in a set manner, to desire mine opinion and counsel. At which time I did not only
dissuade, but protest against his going ; telling him, with as much vehemency and asseveration
I could, that absence in that kind would exulcerate the queen s mind, whereby it would
as
stronger, and strdnger, and yet in the end, they will lessen their operation with much other variety, wherewith I used to
still to
;"
make them
touch that string. Another point was, that I always vehemently dissuaded him from seeking which would be ill for her, ill for him, and ill for the greatness by a military dependence, or by a state. And, because I would omit no argument, I popular dependence, as that which would breed remember, I stood also upon the difficulty of the in the queen jealousy, in himself presumption, action; setting before him, out of histories, that the and, in the state, perturbation: and I did usually Irish was such an enemy as the ancient Gauls, or compare them to Icarus s two wings, which were Britons, or Germans were; and that we saw how joined on with wax, and would make him venture the Romans, who had such discipline to govern to soar too high, and then fail him at the height. their soldiers, and such donatives to encourage And I would farther say unto him ; My lord, them, and the whole world in a manner to levy stand upon two feet, and fly not upon two wings them ; yet when they came to deal with enemies, the two feet are the two kinds of justice, commu which placed their felicity only in liberty, and and distributive: use your greatness for the sharpness of their sword, and had the natural tative, of merit and virtue, and relieving elemental advantages of woods, and bogs, and advancing wrongs and burdens; you shall need no other art hardness of bodies, they ever found they had but he would tell me, that opinion their hands full of them and therefore concluded, or finesse came not from my mind, but from my robe. But that going over with such expectation as he did, it is very true, that I, that never meant to enthral and through the churlishness of the enterprise, myself to my Lord of Essex, nor any other man, not like to answer it, would mightily diminish his more than stood with the public good, did, though reputation and many other reasons I used, so as,
"
not be possible for him to carry himself so as to give her sufficient contentment ; nor for her to carry herself so as to give him sufficient countenance :
:"
could
little
prevail, divert
him by
all
means
:
am
sure, I never in
any thing
in
my
lifetime,
possible from courses of the wars and popularity

for I
by speech, by writing, and by all the means I could devise For I did as plainly see his overthrow chained, die; if the declination of an old prince; if she died, the as it were by destiny, to that journey, as it is times would be as in the beginning of a new ; possible for any man to ground a judgment upon and that, if his lordship did rise too fast in these future contingents. But, my lord, howsoever his courses, the times might be dangerous for him, ear was open, yet his heart and resolution was and he for them. Nay, I remember, I was thus shut against that advice, whereby his ruin might After my lord s going, I plain with him upon his voyage to the islands, have been prevented. when I saw every spring put forth such actions saw then how true a prophet I was, in regard of of charge and provocation, that I said to him, the evident alteration which naturally succeeded My lord, when I came first unto you, I took you in the queen s mind and thereupon I was still in for a physician that desiitd to cure the diseases watch to find the best occasion, that, in the weak of the state; but now I doubt you will be like ness of my power, I could either take or minister, those physicians which can be content to keep to pull him out of the fire, it it had been possible : their patients low, because they would always be and not loner after, moth ought I saw some over in request." Which plainness, he, nevertheless, ture thereof, which I apprehended readily; a took very well, as he had an excellent ear, and particularity which I think to he known to very was patientissiimis veri," and assured me the few, and the which I do the rather relate unto case of the realm required it: and I think this your lordship, because I hear it shuld be talked, speech of miiro tnd the like renewed afterwards, that while tuv lord was in Ireland, 1 revealed
dealt with
him
in like earnestness
saw
plainly, the queen must either live or she lived, then the times would be as in
"
4>
336

if it
some matters against him,

which,
is,
or I cannot tell what; or wrench, she should think hersejf enforced U,were not a mere slander as the rest send you back into Ireland, but leave it to her.
}
was
day
but had any, though never so little colour, The queen, one surely upon this occasion.
at
Thirdly, seek
access
importune,
opportune,
Nonesuch, a
few words, and shaked his head sometimes, as if he thought 1 was in the wrong; but sure I ain, Ireland, as if they were unfortunate, without he did just contrary in every one of these three judgment, contemptuous, and not without some points. After this, during the while since my lord was committed to my lord keeper s, I came private end of his own, and all that might be and was pleased, as she spake of it to many, that divers times to the queen, as I had used to do, she trusted least, so to fall into the like speech about causes of her revenue and law business, as with me. Whereupon I, who was still awake, is well known; by reason of which accesses, and true to my grounds, which I thought surest according to the ordinary charities of court, it was for my lord s good, said to this effect: Madam, given out, that I was one of them that incensed I know not the particulars of estate, and I know the queen against my Lord of Essex. These this, that princes actions must have no abrupt speeches I cahnot tell, nor I will not think, that periods or conclusions; but otherwise I would they grew any way from her majesty s own think, that if you had my Lord of Essex here speeches, whose memory I will ever honour; if with a white staff in his hand, as my Lord of they did, she is with God, and Miserum est ab Leicester had, and continued him still about you illis laedi, de quibus non possis queri." But I for society to yourself, and for an honour and must give this testimony to my Lord Cecil, that ornament to your attendance and court, in the eyes one time, in his house at the Savoy, he dealt of your people, and in the eyes of foreign ambas with me directly, and said to me, Cousin, I hear sadors, then were he in his right element; for to it, but I believe it not, that you should do some discontent him as you do, and yet to put arms ill office to my Lord of Essex; for my part, I am and power into his hands, may be a kind of merely passive, and not active, in this action ; temptation to make him prove cumbersome and and I follow the queen, and that heavily, and I And, therefore, if you would imponere lead her not; my Lord of Essex is one that, in unruly. bonam clausulam, and send for him, and satisfy nature, I could consent with, as well as with any him with honour, here near you, if your affairs, one living; the queen indeed, is my sovereign, which, as I have said, I am not acquainted with, and I am her creature, I may not lose her, and the will permit it, I think were the best way." same course I would wish you to take." Where Which course, your lordship knoweth, if it had upon I satisfied him how far I was from any such been taken, then all had been well, and no con mind. And, as sometimes it cometh to pass, tempt in my lord s coming over, nor continuance that men s inclinations are opened more in a toy, of these jealousies, which that employment of than in a serious matter a little before that time, Ireland bred, and my lord here in his former being about the middle of Michaelmas term, her Well, the next news that I heard majesty had a purpose to dine at my lodge at greatness. was, that my lord was come over, and that he Twicknam Park, at which time I had, though I was committed to his chamber for leaving Ireland profess not to be a poet, prepared a sonnet, directly without the queen s license; this was at None- tending and alluding to draw on her majesty s
Cuffe s coming a passionate distaste of
little, as I remember, before over, where I attended her, showed
I remember seriously, sportingly, every way." my lord was willing to hear me, but spake very
my
lord s proceedings in
"
"
"
such, where, as my duty was, I came to his lordship, and talked with him privately about a
quarter of an hour, and he asked mine opinion of the course that was taken with him I told him,
:
reconcilement to
also
I
my
lord;
showed
it
to a great person,
which, I remember, and one of my

it.
lord s nearest friends,
who commended
This,
though
be, as I said, but a toy, yet
it
showed
Nubecula est cito transibit; it is but My a mist. But shall I tell your lordship, it is as mists are if it go upwards, it may perhaps cause a shower if downwards, it will clear up. And,
lord,
: :
proceeded; and that I was ready not only to do my lord good offices, but to publish and declare myself for him and never was I so ambitious of any thing in my life therefore, good my lord, carry it so, as you take time, as I was, to have carried some token or away by all means all umbrages and distastes favour from her majesty to my lord; using all the from the queen; and especially, if I were worthy art I had, both to procure her majesty to send, to advise you, as I have been by yourself thought, and myself to be the messenger. For, as to the and now your question imports the continuance former, I feared not to allege to her, that this pro of that opinion, observe three points: first, make ceeding toward my lord, was a thing towards the not this cessation or peace, which is concluded people, very unplausible; and, therefore, wished
plainly in
what
spirit I
with Tyrone, as a service wherein you glory, hut her majesty, however she did, yet to discharge as a shuffling up of a prosecution which was not herself of it, and lay it upon others; and, therevorv fortunate. Next, represent not to the queen fore, that she should intermix her proceeding iv necessity of estate, whereby, as by a coercion with some immediate graces from herself, that
APOLOGY CONCERNING
the world might tikr knowledge of her princely n, iturr .md goodness, li-st it should alienate tin
lie.iri
Tin: i:\HL
(>F
ESSEX,
in
o|
J37
and the ample-ness of his commission;

hi-
of thr nature of the business, being action
war,
of
ln-r
people from
IK
which
did stand
1
npon; knowing
well, that if she once relented to
tin! to strictwhich, in common cases, cannot ness of instructions; in regard of the distance of
Bend or visit, those demonstrations would prove the place, having also a sea between, that his matter of snhstance for my lord s good. And to demands, and her commands, must be subject to draw that employment upon myself, I advised her wind and weather; in regard of a council of state majesty, that whensoever Go-1 should move her in Ireland, which he had at his back to avow his to turn the light, of her favours towards my lord, actions upon; and, lastly, in regard of a good
j
in
make
signification to
him
thereof;
that her
intention,
majesty, if she did it not in person, would, at the least, use some such mean as might not entitle
that he would allege for himself; which, I told her, in some religions was held to be a sufficient dispensation for God s command-
themselves to any part of the thanks, as persons 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 mere conduit of her own goodness. But I could never prevail with
thai her, though I am persuaded she saw plainly whereat I levelled; and she plainly had me in
ments,
gards,
much more
I
for
princes
in all these re-
besought her majesty to be advised again and again, how she brought the cause into any
public question.
her,
Nay,
went
farther; for
told
my
lord
was an eloquent and well-spoken
man
jealousy, that
was not hers
entirely, but still
had inward and deep respects towards
my
lord,
more than stood at that time with her will and About the same time, I remember an pleasure. answer of mine in a matter which had some
affinity
with
my
lord s cause, which,
though
it
; and, besides his eloquence of nature or art, he had an eloquence of accident which passed them both, which was the pity and benevolence of his hearers; and, therefore, that when he should come to his answer for himself, 1 doubted his words would have so unequal a passage above theirs that should charge him, as would not be for her majesty s honour; and therefore wished
grew from me, went after about in others names. the conclusion might be, that they might wrap it For her majesty being mightily incensed with up privately between themselves; and that she that book which was dedicated to my Lord of would restore my lord to his former attendance, Essex, being a story of the first year of King with some addition of honour to take away disHenry IV., thinking it a seditious prelude to put content. But this I will never deny; that I did
j j
into the people s head boldness and faction, said, She had an opinion that there was treason in it,
show no approbation
and asked me
that
if I could not find any places in it might be drawn within case of treason: whereto I answered ; For treason, surely, I found fully persuaded that it was not good, either for none but for felony, very many. And when her the queen, or for the state, or for himself: and
:
generally of his being sent back again into Ireland, both because it would have carried a repugnancy with my former dis course, and because I was in mine own heart
majesty hastily asked me, Wherein ? I told her, yet I did not dissuade it, neither, but left it ever the author had committed very apparent theft; as "locus lubricus." For this particularity I di for he had taken most of the sentences of Cor- well remember, that after your lordship was nelius Tacitus, and translated them into English, named for the place in Ireland, and not long and put them into his text. And another time, before your going, it pleased her majesty at when the queen would not be persuaded that it Whitehall to speak to me of that nomination at was his writing whose name was to it, but that which time I said to her; "Surely, madam, if it had some more mischievous author; and said, you mean not to employ ray Lord of Essex thither
:
with great indignation, That she would have him racked to produce his author: I replied ; "Nay, madam, he is a doctor; never rack his person, but
rack his style ; let him have pen, ink, and paper, and help of books, and be enjoined to continue the story where it breaketh off, and I will undertake,
choice;"
your majesty cannot make a better and was going on to show some reason, and her majesty interrupted me with great paswhensoever I send said she ; sion Essex
again,
:
"
"
!"
Essex back again

j
into Ireland,
will
I
claim
)
|
it
of
I
me."
Whereunto
said
marry you: , Well,

"
were
be for the good of your state." Immediate.y sure I am, when the queen at any time asked after, the queen had thought of a course, which mine opinion of my lord s case, I ever in one was also executed, to have somewhat published tenour said unto her; That they were faults in the Star Chamber, for the satisfaction of the which the law might term contempts; because world, touching my Lord of Essex his restraint, they were the transgression of her particular and my lord not to be called to it; but occasion directions and instructions: but, then, what de- to be taken by reason of some libels then disi
hy collating the styles, to judge whether he the author or no." But for the main matter,
madam,
will release that contract, if his
(T
ng
fence might be made of them, in regard of the great interest the person had in her majesty s
favour; in regard of the greatness of his place, VOL. II. 43
which, when her majesty propounded persed unto me, I was utterly against it ; and told her
:
plainly,
That
the people
would say,
that
m)
lunl
338 was wounded upon
his back, and that Justice of men of quality to be admitted: and then did had her balance taken from her, which ever con some principal counsellors send fur us of the and defence ; with many learned counsel, and notify her majesty s pit other quick and significant terms to that purpose: unto us ; save that it was said to me openly by
sisted of an accusation
>;isur
insomuch,
"
that, I
remember,
I said,
that
my
:
lord,
in
foro
faruae,"
was
too
hard for her
and,
one of them, that her majesty was not yet resolved whether she would have me forborne in
the business or no.
that other sinister
is
wished her, as I had done before, to up privately. And certainly I offended her at that time, which was rare with me; for I call to mind, that botli the Christmas, Lent, and Easter term following, though I came divers times to her upon law business, yet, methought her face and manner was not so clear and open
therefore,
it
wrap
And hereupon might arise and untrue speech, that, I hear,

I
raised of me,
how
that
was a
suitor to be used
:
against
my
Lord of Essex
at that time
for it is
well what had passed I, between the queen and me, and what occasion I had given her, both of distaste and distrust, in
very true, that
knew
to
me, as
it
was
at the
first.
And
she did
j
directly charge me, that I was absent that day at the Star Chamber, which was very true ; but I
crossing her disposition, by standing steadfastly for my Lord of Essex, and suspecting it also to
be a stratagem arising from some particular ernulation, I writ to her
alleged
and
indisposition of body to excuse it: during all the time aforesaid, there was
some
two
or three
words of com"
liment, signifying to her majesty,
That,
if
she
"altum silentium"
from her
to
me, touching
my
obligation towards him, I should reckon it one of her greatest favours but otherwise my words true; for that the proceedings in the desiring her majesty to think that I knew the Star Chamber had done no good, but rather degrees of duties; and, that no particular obliga kindled factious bruits, as she termed them, than tion whatsoever to any subject, could supplant, quenched them; and, therefore, that she was or weaken that entireness of duty, thai I did owe determined now, for the satisfaction of the world, and bear to her and her service." And this was to proceed against my lord in the Star Chamber the goodly suit I made, being a respect no man by an information ore tenus," and to have my that had his wits could have omitted but, never lord brought to his answer: howbeit, she said, theless, I had a farther reach in it; for, I judged she would assure me, that whatsoever she did that day s work would be a full period of any should be towards my lord ad castigationem, et bitterness, or harshness between the queen and indeed she had often my lord non ad destructionei and, therefore, if I declared myself repeated the same phrase before whereunto I said, fully according to her mind at that time, which if you could not do to the end utterly to divert her, Madam, my lord any manner of prejudice, 1 will have me speak to you in this argument, I should keep my credit with her ever after, where must speak to you as Friar Bacon s head spake, by to do my lord service. Hereupon the next that said first, Time is, and then Time was ; news that I heard, was, that we were all sent for and Time will never be for certainly, said I, it again ; and, that her majesty s pleasure was, we is now far too late, the matter is cold, and hath all should have parts in the business; and the Whereat she seemed lords falling into distribution of our parts, it was taken too much wind." again offended, and rose from me ; and that reso allotted to me, that I should set forth some undulution for a while continued and, after, in the tiful carriage of my lord, in giving occasion and beginning of midsummer term, I attending her, countenance to a seditious pamphlet, as it was and finding her settled in that resolution, which I termed, which was dedicated unto him, which heard of also otherwise, she falling upon the like was the book before-mentioned of King Henry speech ; it is true that, seeing no other remedy, I IV. Whereupon I replied to that allotment, and said to her slightly, Why, madam, if you will said to their lordships, That it was an old matter, needs have a proceeding, you were best have it and had no manner of coherence with the rest of in some such sort as Ovid spake of his mistress; the charge, being matters of Ireland and, there to make a fore, that I having been wronged by bruits before, est aliquid luce patente minus; council-table matter of it, and there an end this would expose me to them more; and it would
of
the end of Easter term her majesty brake with me, and told me, That she had found
Lord of Essex But towards
causes.
me in my Lord of would be pleased to Essex s cause, out of the consideration she took
my
for
"
"
"
"
:"
which speech again she seemed
to take in
ill
be said
gave in evidence mine
own
tales.
It
part; but, yet, I think it did good at that time, and helped to divert that course of proceeding by
information in the Star Chamber. Nevertheless, afte r wards it pleased her to make a more solemn
after,
mat wr of the proceeding; and some few days that the matter should an order was
be heard at York House, before an assembly of some audience
counsellors, peers, and judges, and
was answered again with good show, That be cause it was considered how I stood tied to my Lord of Essex, therefore, that part was thought fittest for me, which did him least hurt; for that, whereas all the rest was matter of charge and accusation, this only was but matter of caveat and admonition. Wherewith, though 1 was in mine own mind little satisfied, because I knew well a

man
tli.
339
\vt Tr
better to be
:
charged with some

others
s
:
faults,
what should you tumble
in
admonished of
,.iiie
yet,
tlic
conclu
may
sion binding upon

"volens nolens," I
(In-
was, there should be no register nor clerk to take no record or memorial made up of the proceeding, why should you now do that I did handle not tenderly, though no man before me diil in so clear terms free from my lord from popularly, which you would not admit to be done all disloyalty, as I did, that, your lordship know- judicially Whereupon she did agree that that re eth, must be ascribed to the superior duty I did writing should be suppressed; and 1 think owe to the queen s fame and honour in a public were not five persons that ever saw it. But from I had to time forth, during the whole latter end of that this proceeding, and partly to the intention uphold myself in credit and strength with the summer, while the court was at Nonesuch and the better to be able to do my lord good Oat lands, I made it my task and scope to take and quei-n, offices afterwards for, as soon as this day was give occasions for my lord s redintegration in his which my intention, I did also signify past, I lost no .time ; but, the very next day fol- fortunes to my lord as soon as ever he was at his liberty ; lyvriBfi as I remember, I attended her majesty, fully resolved to try and put in ure my utmost whereby I might, without peril of the queen s endeavour, so far as in my weakness could give indignation, write to him and having received furtherance, to bring my lord again speedily into from his lordship a courteous and loving accepta court and favour; and knowing, as I supposed at tion of my good will and endeavours, I did apply least, how the queen was to be used, I thought it in all my accesses to the queen, which were that to make her conceive that the matter went very many at that time ; and purposely sought and well then, was the way to make her leave off wrought upon other variable pretences, but only there: and I remember well, I said to her, "You and chiefly for that purpose. And, on the /her have now, madam, obtained victory over two side, I did not forbear to give my lord from time things, which the greatest princes in the world to time faithful advertisement what I found, and
\viis laid
ii|i
pleasure directly, i|ileen could not avoid that part that

part, if in the delivery
self in this case
itl And, besides, it please you to keep a convenience with your since your express direction ; for,
)n
me: which
this sentence, nor
?"
th<
cannot at their wills subdue; the one is, over fame ; the other is, over a great mind for, surely, the world is now, I hope, reasonably well satis fied ; and for my lord, he did show that humilia tion towards your majesty, as I am persuaded he was never in his lifetime more fit for your ma therefore, if your jesty s favour than he is now majesty will not mar it by lingering, but give over at the best, and now you have made so good a full point, receive him again with tenderness, I
: :
what I wished. And I drew for him, by his ap pointment, some letters to her majesty ; which though I knew well his lordship s gift and style was far better than mine own, yet, because he
required
it,
alleging, that
by his long
restraint
he
was grown almost a stranger to the queen s pre sent conceits, I was ready to perform it and, sure I am, that for the space of six weeks or two
:
shall then think, that all that is past is for the

best."
it prospered so well, as I expected con And I tinually his restoring to his attendance. was never better welcome to the queen, nor more
months,
great contentment, and did often iterate and put me in mind, that she had ever said, That her
remember, she took exceeding made of, than when I spake fullest and boldest for him: in which kind the particulars were exceeding many; whereof, for an example, I will proceedings should be "ad reparationem," and remember to your lordship one or two. As, at not "ad ruinam;" as who saith, that now was one time, I call to mind, her majesty was speaking the time I should well perceive, that that saying of a fellow that undertook to cure, or, at least, to of hers should prove true. And, farther, she ease my brother of his gout, and asked me how willed me to set down in writing all that passed it went forward and I told her majesty, That at
Whereat,
I
:
that day.
I obeyed her commandment, and within some few days after brought her again the which I did read unto her in two several narration, afternoons and when I came to that part that set
:
the first he received good by it ; but after, in the course of his cure, he found himself at a stay, r* will tell rather worse: the queen said again, of these you, Bacon, the error of it the manner
"I
forth
principal care,
own answer, which was my do well bear in mind, that she was extraordinarily moved with it, in kindness and relenting towards my lord ; and told me afterwards, speaking how well I had expressed my lord s part, That she perceived old love would not easily be forgotten whereunto I answered suddenly, that I hoped she meant that by herself. But in conclusion I did advise her, That now she had taken a representation of the matter to her self, that she would let it go no farther: Fom
my
lord s
I
is to physicians, and especially these empirics, continue one kind of medicine; which at the first is proper, being to draw out the ill humour; but,
the they have not the discretion to change medicine, but apply still drawing medicines, rather intend to cure and cor when they should
after,
Good Lord madam," sam part." and wisely and aptly can you speak discern of physic ministered to the body, and
roborate the
"how
"
I,
"
consider not that there is the like occasion of now in the physic ministered to the mind: as
madam,"
said I,
"
the
fire
blazeth well already,
case of
my
Lord of Essex, your princely word
340

j
ever was, that you intended ever to reform his mind, and not ruin his fortune : I know well you
desired
j
wheresoever she saw me and at such time as 1 to speak with her about law-business,
;
cannot but think that you have drawn the humour ever sent me forth very slight refusals, insomuch sufficiently; and, therefore, it were more than as it is most true, that immediately after Newtime, and
it
were but
for
exulcerating, that you did apply and minister strength and comfort unto him: for these same
doubt of mortifying or year s-tide I desired to speak with her, and being admitted to her, I dealt with her plainly; and
said,
"
gradations of yours are fitter to corrupt, than cor And another time rect any mind of greatness."
I
from me, and
Madam, I see you withdraw your favour now I have lost many friends for
:
remember she
told
me
for
news, That
my
lord
had written unto her some very dutiful letters, and that she had been moved by them ; and when she took it to be the abundance of his heart, she found it to be but a preparative to a suit for the Whererenewing of his farm of sweet wines. O madam, how doth your ma unto I replied,
"
jesty construe these things, as if these
two could
not stand well together, which, indeed, nature For there are but hath planted in all creatures two sympathies, the one towards perfection, the
!
your sake, I shall lose you too you have put me like one of those that the Frenchmen call enfans perdus," that serve on foot before horse men ; so have you put me into matters of envy without place, or without strength ; and I know at chess a pawn before the king is ever much played upon ; a great many love me not, because they think I have been against my Lord of Essex ; and you love me not, because you know I have been for him ; yet will I never repent me, that I have dealt in simplicity of heart towards
"
other towards preservation; that to perfection, as the iron tendeth to the loadstone ; that to preserva tion, as the vine will creep towards a stake or
you both, without respect of cautions to myself; and, therefore, vivus vidensque pereo; if I do break my neck, I shall do it in a manner as Mr.
prop that stands by stake, but to uphold
it;
not for any love to the

:
itself.
dam, you must distinguish do you service is, as to his perfection, that which prospect of mine overthrow only I thought 1 he thinks himself to be born for; whereas his would tell you so much, that you may know that desire to obtain this thing of you, is but for a sus- it was faith, and not folly that brought me into it, and so I will pray for you." tentation." Upon which And, not to trouble your lordship with many speeches of mine, uttered with some passion, it is other particulars, like unto these, it was at the true her majesty was exceedingly moved; and selfsame time that I did draw, with my lord s accumulated a number of kind and gracious words two letters, the upon me, and willed me to rest upon this, privity, and by his appointment, Gratia mea sufficit," and a number of other one written as from my brother, the other as an from my lord, both to be by me sensible and tender words and demonstrations, answer returned but as touching my in secret manner showed to the queen, which it sucK as more could not be Where pleased my lord very strangely to mention at the Lord of Essex, "ne verbum quidem." bar; the scope of which were but to represent upon I departed, resting then determined to med and picture forth unto her majesty my lord s mind dle no more in the matter ; as that that I saw to be such, as I knew her majesty would fainest would overthrow me, and not be able to do him have had it which letters whosoever shall see, any good. And thus I made mine own peace for they cannot now be retracted or altered, being with mine own confidence* at that time; and by reason of my brother s or his lordship s ser this was the last time I saw her majesty before vants delivery long since come into divers hands, the eighth of February, which was the day of my* after which time, let him judge, especially if he knew the queen, Lord of Essex his misfortune and do remember those times, whether they were for that I performed at the bar in my public ser
;
"
Dorrington did it, which walked on the battle ments of the church many days, and took a view And, therefore, ma and survey where he should fall. And, so, ma my lord s desire to dam, said I, I am not so simple but that I take a
not the labours of one that sought to bring the vice, your lordship knoweth, by the rules of duty, queen about for my Lord of Essex his good. The that I was to do it honestly, and without preva truth is, that the issue of all his dealing grew to rication; but for my putting myself into it, I the this, *.hat the queen, by some slackness of my protest before God, I never moved either
lord s, as I imagine, liked him worse and worse, and grew more incensed towards him. Then she remembering belike the continual, and incessant, and confident speeches and courses that I had held on my lord s side, became utterly alienated Ironi me and for the space of, at least, three mouths, which was between Michaelmas and New-year s-tide following, would not so much ?ts look on me, but turned away from me
*
queen, or any person living, concerning my being used in the service, either of evidence or exami nation; but it was merely laid upon me with the And for the time which rest of my fellows.
passed,
|
mean between
the arraignment and
my
lord s suffering, I well remember, I was but once with the queen, at what time, though I durst not
deal directly for

I
my
lord as things then stood,

that in the
first
Query eonteienu, but note
edition
it
i*
nh express and purpose-like
discountenance
APOLOGY CONCERNING THE EARL OF Ki:\.

rally
I
341
did both
commend
in. n-y. ti-rming it to her ;is did continually distil from her sovereign hands, and made an exo Unit odour in the senses of her
her majesty s an excellent btln tlr.it
BO, as never secretary had more particular and express directions and instructions in every point,
how to guide my hand in it; and not only so, but after that I had made a first draught thereof,
and propounded it to certain principal counsellors by her majesty s appointment, it was perused, ide danger, telling lr r, that if some base or cruel- weighed, censured, altered, and made almost a minded persons had entered into such an action, new writing, according to their lordships bettor it illicit have caused much blood and combus- consideration ; wherein their lordships and myself lion: but it appeared well, they were such as both were as religious and curious of truth, as knew not how to play the malefactors ; and some desirous of satisfaction and myself indeed gave other words which 1 now omit. And as for the only words and form of style, in pursuing their rest of the carriage of myself in that service, I direction. And after it had passed their allow have many honourable witnesses that can tell, ance, it was again exactly perused by the queen that the next day after my lord s arraignment, by herself, and some alterations made again by her my diligence and information, touching the quality appointment: nay, and after it was set to print, and nature of the offenders, six of nine were the queen, who, as your lordship knoweth. as stayed, which otherwise had been attainted, I she was excellent in great matters, so sfie was hriiitjmg their lordships letter for their stay, after exquisite in small, and noted that I could not for the jury was sworn to pass upon them; so near get my ancient respect to my Lord of Essex, in it went: and how careful I was, and made it my terming him ever my Lord of Essex, my Lord of part, that whosoever was in trouble about that Essex, almost in every page of the book, whicn matter, as soon as ever his case was sufficiently she thought not fit, but would have it made known and defined of, might not continue in Essex, or the late Earl of Essex whereupon of restraint, but be set at liberty ; and many other force it was printed "de novo," and the first parts, which, I am well assured of, stood with the copies suppressed by her peremptory command duty of an honest man. But, indeed, I will not ment. And this, my good lord, to my farthest remem deny for the case of Sir Thomas Smith of London, the queen demanding my opinion of it I told her, brance, is all that passed wherein I had part ; I thought it was as hard as any of the rest. But which I have set down as near as I could in the what was the reason! Because, at that time, I very words and speeches that were used, not be had seen only his accusation, and had never been cause they are worthy the repetition, I mean those present at any examination of his ; and the matter of mine own ; but to the end your lordship may so standing, I had been very untrue to my ser lively and plainly discern between the face of vice, if I had not delivered that opinion. But, truth, and a smooth tale and the rather, also, be afterwards, upon a re-examination of some that cause, in things that passed a good while since, charged him, who weakened their own testimony, the very words and phrases did sometimes bring and especially hearing himself "viva voce," I to my remembrance the matters wherein I leport went instantly to the queen, out of the soundness me to your honourable judgment, whether you do of my conscience, not regarding what opinion I not see the traces of an honest man : and had I had formerly delivered, and told her majesty, I been as well believed either by the queen or by was satisfied, and resolved in my conscience, that my lord, as I was well heard by them both, both for the reputation of the action, the plot was to my lord had been fortunate, and so had myself countenance the action farther by him in respect in his fortune. of his place, than they had indeed any interest or To conclude, therefore, I humbly pray youi It is very true also, about lordship to pardon me for troubling you with intelligence with him. that time, her majesty taking a liking of my pen, this long narration ; and that you will vouchsafe upon that which I formerly had done concerning to hold me in your good opinion, till you know the proceeding at York House, and likewise upon I have deserved, or find that I shall deserve the some other declarations, which in former times contrary ; and so ever I continue
i
people; and not only so, but 1 took hardiness to \t. nuate, not the fact, for that I durst not, but
|
>
by her appointment
me
I put in writing, commanded At your lordship pen that book, which was published for the very humbly, better satisfaction of the world ; which I did, but
honourable commandment*,
F. B.
to
9r9
THE
PROCEEDINGS"
THE EARL OF ESSEX

The Points of Form worthy to be observed. fifth of June in Trinity term, upon Thurs day, being no Star Chamber day, at the ordinary hour when the courts sit at Westminster, were assembled together at the lord keeper s house in
majesty s mind prepared to a just and high dis pleasure, in regard of that realm of Ireland set at hazard by his former disobedience to her royal directions, yet kept that stay, as she commanded
THE
my
lord only to his
chamber in
court, until his
by her privy -council be ques which account taken, and my s answers appearing to be of no defence, the special call and associating of certain selected lord that shadow of defence which was offered con persons, viz. four earls, two barons, and four sisted of .two parts the one his own conceit judges of the law, making in the whole a council or court of eighteen persons, who were attended of some likelihood of good effects to ensue of the course held, the other a vehement and over by four of her majesty s learned counsel for of the council there, though he charging the earl and two clerks of the council, ruling persuasion and an were indeed as absolutely freed from opinion of the one to the other as a
the great chamber, her majesty s privy-council, enlarged and assisted for that time and cause by
allegations might tioned and heard ;
:
read,
register;
auditory of persons, to the number, as I could guess, of two hundred, almost all men of quality,
the council of Ireland, as he was absolutely tied to her majesty s trust and instructions. Never
theless, her majesty, not unwilling to admit any extenuation of his offence ; and considering the
one point required advertisement out of Ireland, commissioners had sat a while, and the auditory and the other further expectation of the event and was quiet from the first throng to get in, and the sequel of the affairs there, and so both points asked doors shut, presented himself and kneeled down time and protraction ; her majesty proceeded still with reservation, not to any restraint of my lord at the board s end, and. so continued till he was according to the nature and degree of his offence, licensed to stand up. but to a commitment of him, "sub libera custodia,"
but of every kind or profession; nobility, court, law, country, city. The upper end of the table left void for the earl s appearance, who, after the
The Names of the Commissioners. Lord Archbishop, Lord Keeper, &c.

IT
in the lord keeper s house.
After,
failed
to
when
my
lord, yea,
both parts of this defence plainly and proved utterly adverse
was opened,
that her majesty being imperial,
and immediate under God, was not holden to render account of her actions to any howbeit, because she had chosen ever to govern, as well with satisfaction as with sovereignty, and the rather, to command down the winds of malicious and seditious rumours, wherewith men s conceits may have been tossed to and fro, she was pleased to call the world to an understanding of her
;
him, for the council of Ireland in plain terms all those his proceedings, and the event made a miserable interpretation of them, then her
disavowed
to behold the offence in nature and it was divested from any palliation or and in the true proportion and magnitude cover, which thereof, importing the peril of a kingdom
majesty began
likeness, as
consideration wrought in her majesty a strange

effect, if any thing which is heroical in virtue can be strange in her nature ; for when offence was grown unmeasurably offensive, then did grace superabound ; and in the heat of all the ill news out of Ireland, and other advertisements thence to
princely course held towards the Earl of Essex, as well in here-before protracting as in now pro-
reeding.
from his government into August last, contrary to her majesty s my lord s disadvantage, her majesty entered into xpress and most judicial commandment, though a resolution, out of herself and her inscrutable t ie contempt were in that point visible, and her goodness, not to overthrow my lord s fortune irreparably, by public and proportionable justice: * M Vork House, in June, 1600, prepared for Queen Elizainasmuch as about that time rth by her command, and read to her by Mr. Bacon, but notwithstanding, there did fly about in London streets and theatres Mver published. 342
earl repairing
The
tins realm in
<
TIIK
PROCEEDINGS OF THE EARL OF ESSEX.

spirit of bitterness, remonstrance, tion is made to her majesty, as if
343
and representa
lord suffered
divers seditious libels; and Paul s and ordinaries were full of In, I, mid factious discourses, where
I
my
f,ii th fill and by nnt only many of lier majesty zealous counsellors and servants were taxed, but
under passion and faction, and not under justice mixed with mercy; which letter, though written
her sacred majesty, and therefore unfit to pass hands, yet was first divulged by copies everywhere, that being, as itseemelh, ihe newest
to in vulirar
withal the hard estate of Ireland
was imputed
to
any
r
thin<_
rather than unto the true cause, the
rarl s defaults,
though
this
might have made any
prince on earth to lay aside straightways the former resolution taken, yet her majesty in her
moderation persisted in her course of clemency. and bethought herself of a mean to right her own
honour, and yet spare the earl s ruin; and therefore taking a just and most necessary occasion
upon these libels, of an admonition to be given sea sonably, and as is oft accustomed ; the last Star Clumber day of Michaelmas term, was pleased, tli it declaration should be made, by way of testi
form of libelling, and since committed her majesty in her wisdom seeing manifestly these rumours thus nourished had got too great a head to be repressed wilhout some hearing of the cause, and calling my lord to an swer; and yet, on the other side, being still in formed touching my lord himself of his con tinuance of penitence and submission, did in con clusion resolve to use justice, but with the edge and point taken off and rebated ; for whereas
finest to the press
:
and
all her honourable privy council, of her nothing leaveth that taint upon honour, which in majesty s infinite care, royal provisions, and pru a person of my lord s condition is hardliest re dent directions for the prosecutions in Ireland, paired, in question of justice, as to be called to
mony, of
wherein the
touched.
earl s errors,
care and charge
But as
in
by which means so great the ordinary and open place of offenders and were incidently criminals, her majesty had ordered that the hear ing should be "intra domesticos parietes," and bodies very corrupt, the medicine not "luce forensi." And whereas again in the
was
frustrated,
rather stirreth and exasperateth the
humour than Star Chamber
there be certain formalities not
fit
in
purijeth it, so some turbulent spirits laid hold of this proceeding in so singular partiality towards
lord, as if it had been to his disadvantage, and gave out that this was to condemn a man un heard, and to wound him on his back, and to leave Justice her sword and take away her balance, which consisted of an accusation and a defence ; and such other seditious phrases whereupon her majesty seeing herself interested in honour, which
regard of example to be dispensed with, which would strike deeper both into my lord s fortune
my
and reputation; as the fine which is incident to a sentence there given, and the imprisonment of the
Tower, which
in case of
contempts that touch the
point of estate doth likewise follow ; her majesty turning this course, had directed that the matters should receive, before a great, honourable, and
selected council, a full and deliberate, and yet, in
respect, a private, mild, and gracious hearing. All this was not spoken in one undivided speech,
she hath ever sought to preserve as her eye, clear and without mote, was enforced to resolve of a judicial hearing of the cause, which was accord
ingly appointed in the end of Hilary term. At the which time warning being given to my lord
to prepare himself,
but partly by the
first
that spake of the learned
counsel, and partly by some of the commissioners ; for in this and the rest I keep order of matter, and
he
falling, as
it
seemed, in a not of circumstance.
deep consideration of his estate, made unto her The Matters laid to my Lord s Charge. majesty by letter an humble and effectual sub The matters wherewith my lord was charged mission, beseeching her that that bitter cup of justice mi"ht pass from him, for those were his were of two several natures; of a higher, and of words which wrought such an impression in her an inferior degree of offence. The former kind purported great and high con majesty s mind, that it not only revived in her her former resolution to forbear any public hear tempts and points of misgovernance in his office but it fetched this virtue out of mercy by the of her majesty s lieutenant and governor of her ing, only touch, as few days after my lord was re realm of Ireland ; and in the trust and authority moved to further liberty in his own house, her thereby to him committed. The latter contained divers notorious errors and majesty hoping that these bruits and malicious Imputation* would of themselves wax old and neglects of duty, as well in his government as
;
it otherwise in proof, upon otherwise. The great contempts and points of misgovernby some intermission of time, and humour of the time in a mentand malversation in his office, were articulate especially beholding the letler presumed to be written to her majesty her into three heads. self by a lady, to whom, though nearest in blood I. The first was the journey into Munster, to my lord, it appertained little to intermeddle in whereby the prosecution in due time upon matters of this nature, otherwise than in course of Tyrone in Ulster was overthrown wlu-rcin he proceeded contrary to his directions, and humility to have solicited her grace and mercy in which letter, in a certain violent and mineral the whole design of his employment: whereof
:
vanish
but finding
taste taken
344
THE PROCEEDINGS OF THE EARL OF
ESSEX.
ensued the consumption of her majesty s ral of a great enterprise, intended for the recovery and the and reduction of that kingdom, and not only army, treasure, and provisions evident peril of that kingdom. or merely as a lieutenant or governor of Ireland. II. The second was the dishonourable and dan My lord, after that he had taken the charge gerous treaty held, and cessation concluded upon him, fell straightways to make propositions with the same arch-rebel, Tyrone. answerable to her majesty s ends, and answerable III. The third was his contemptuous leaving his to his own former discourses and opinions; and to her majesty s abso chiefly did setdown one full and distinct resolution, government, contrary lute mandate under her hand and signet, and that the design and action, which of all others was in a time of so imminent and instant danger. most final and summary towards an end of those F jr the first, it had two parts ; that her majesty s troubles, and which was worthy her majesty s resolution and direction was precise and absolute enterprise with great and puissant forces, was a for the northern prosecution, and that the same prosecution to be made i>ponthe arch-traitor Tyrono
direction
was by my
lord, in regard of the
journey
in his
own
strengths within the province of Ulster,
to Minister, wilfully
and contemptuously broken.
It was therefore delivered, that her majesty, touched with a true and princely sense of the torn
and broken estate of that kingdom of Ireland, en tered into a most Christian and magnanimous reso lution to leave no faculty of her regal power or
and
policy unemployed for the reduction of that people for the suppressing and utter quenching of that
:
whereby both the inferior rebels which rely upon him, and the foreigner upon whom he relieth, might be discouraged, and so to cut asunder both dependences and for the proceeding with greater strength and policy in that action, that the main invasion and impression of her majesty s army should be accompanied and corresponded unto by
:
flame of rebellion, wherewith that country and is wasted whereupon her majesty
the plantation of strong garrisons in the north, as well upon the river of Loghfoile as a postern of that province, as upon the hither frontiers, both for the distracting and bridling of the rebels forces during the action, and again, for the keep
was
how
pleased to take knowledge of the general conceit, the former making and managing of the
been taxed, upon two excep tions; the one, that the proportions offerees which had been there maintained and continued by sup
actions there had
plies,
ing possession of the victory,

lord,
if
God should send
it.
This proposition and project moving from
my
The
was debated
in
many
consultations.
were not
sufficient to bring the prosecutions
a period: the other, that the prosecutions had been also intermixed and interrupted with too
tp
principal men of judgment and service in the wars, as a council of war to assist a council of state, were called at times unto it ; and this opinion of
many temporizing
treaties,
whereby the
rebel did
my
lord
was by himself
all
fortified
and maintained
not only gather strength, but also find his strength more and more, so as ever such smothers broke
forth again into greater flames.
against
contradiction and opposite argument;
Which
kind of
and in the end, "ex unanimi consensu," it was concluded and resolved that the axe should be put
to the root
ratified
discourses and objections, as they were enter tained in a popular kind of observation, so were they ever chiefly patronised and apprehended by
the earl, both upon former times and occasions, and now last when this matter was in deliberation.
as her majesty, to acquit her honour arid regal function, and to give this satisfaction to herself and others, that she had left no way untried,
of the tree
which resolution was
and confirmed by the binding and royal judgment of her sacred majesty, who vouchsafed
So
her kingly presence at most of those consultations. According to a proposition and enterprise of this nature, were the proportions of forces and
provisions thereunto allotted.
tion set
The
the
first
propor
down by my
lord
was
number of
resolved to undertake the action with a royal and puissant forces, under the leading of
principal
army some
12,000 foot and 1,200 horse; which being agreed unto, upon some other accident out of Ireland, the
nobleman
in
such
sort, that, as far as
human discourse might discern, it might be hoped, that by the expedition of a summer, things might he brought to that state, as both realms may feel
some ease and
respiration; this from charge and levies, and that from troubles and perils. Upon this ground her majesty made choice of my
for that service, a principal peer and of her realm, a person honoured with the trust of a privy counsellor, graced with the note
officer
propounded to have it made 14,000 foot, and 1,300 horse, which was likewise accorded ; within a little while after the earl did newly insist to
earl
Lord of Essex
have an augmentation of 2,000 more, using great persuasions and confident significations of good effect, if those numbers might be yielded to him, as which he also obtained before his departure ; and besides the supplies of 2,000 arriving in July, he had authority to raise 2,000 Irish more, which lie procured by his letters out of Ireland, with
pretence to further the northern service : so as the army was raised in the conclusion and list to
of her majesty s special favour, infallibly betoken ing and redoubling his worth and valjue, enabled with the experience and reputation of ibrmer ser vices, and honourable charges in the wars ; a man
16,000
foot,
more
at three
and 1,300 horse, supplied with 2,000 months end, and increased with
every
way eminent, select, and qualified
for a
gene-
2,000 Irish upon this
new demand
whereby her
Till)
PROCEEDINGS OF THE
tied
EAttL
ii,
OF ESSEX.
315
majesty at that time paid 18,000 foot and 1,300 I)! tin -Mhorse in the realm of Ireland. divers companies drawn out of the experienced ti.uiils of the Low Countries; special can- taken
t
"rc>-.s,
whereas
tin;
iiiitu
all the lieutenants were ever peremptory assistance, and admoni
tion of a certain
of Ireland.
The
number of voices of the council occasion of which clause so
levies in the country should be of and most disposed bodies; the army also animated and encouraged with the service of divers brave and valiant noblemen and gentlemen voluntaries; in sum, the most flourishing and complete troops that have been known to have
th.it
tin-
new
Hie
a!>lest,
passed to my lord, doth notably disclose and point unto the precise trust committed to my
lord for the northern journey; for when his com mission was drawn at first according to former precedents, and on the other side my lord insisted strongly to have this new and prima facie" vast
"
argument mass of treasure provided and issued, that the council of Ireland had many of them to such a total, as the charge of that livings and possessions in or near the province of amounting army, all manner of ways, from the time of the Lemster and Munster; but that Ulster was abandoned from any such particular respects, first provisions and setting forth, to the time of my lord s returning into England, was verified whereby it was like, the council there would be to have drawn out of the coffers, besides the glad to use her majesty s forces for the clearing charge of the country, the quantity of 300,0007., and assuring of those territories and countries and so ordered as he carried with him three where their fortunes and estates were planted months pay beforehand, and likewise victual, so as, if he should be tied to their voices, he were munition, and all habiliments of war whatsoever, like to be diverted from the main service intended with attendance of shipping allowed and furnished upon which reason that clause was yielded unto. So as it was then concluded, that all circum in a sortable proportion, and to the full of all my lord s own demands. For my lord being him stances tended to one point, that there was a full self a principal counsellor for the preparations, as and precise intention and direction for Ulster, and he was to be an absolute commander in the exe that my lord could not descend into the considera cution, his spirit was in every conference and tion of his own quality and value; he could not
;
been sent out of our nation in any
late
memory. and exorbitant
authority, he used this
great
conclusion in such sort, as when there happened any points of difference upon demands, my lord using the forcible advantages of the toleration and
liberty which her majesty s special favour did give unto him, and the great devotion and for wardness of his fellow-counsellors to the general cause, and the necessity of his then present ser
muster his
fair
army; he could not account with
the treasurer, and take consideration of the great mass of treasure issued ; he could not look into the
ample and new clause of his letters patent ; he could not look back, either to his own former
discourses, or to the late propositions whereof himself was author, nor to the conferences, con
sultations, and conclusions thereupon, nor prin cipally to her majesty s royal direction and ex pectation, nor generally to the conceit both of
and carry it ; insomuch it was objected and laid to my lord s charge as one of his errors and presumptions, that he did oftentimes, upon their propositions and demands, enter into contestations with her majesty, more a
vice, he did ever prevail
as
subjects of this realm, and the rebels themselves in Ireland ; but which way soever he turned, he
All which propositions great deal than was fit. before mentioned being to the utmost of my
must
find
himself trusted, directed, and engaged
wholly
but the least pressed, and that was her majesty s knowledge which he had, as a counsellor of own royal affirmation, both by her speech now of the means both of her majesty and this and her precedent letters; the second, the testi estate, kingdom, that he was not to expect to have the mony of the privy council, who upon their honours
lar
own askings, and of that height and greatness, might really and demonstratively ex press and intimate unto him, besides his particu
lord s
The
for the northern expedition. parts of this that was charged

:
were
verified
by three proofs
the
first,
the most authentical
commandment
of 16,000 foot and 1,300 horse, as an appurtenance to his lieutenancy of Ireland, which was impossible to be maintained ; but, contrariwise, that in truth of intention he was designed as general for one great action and ex pedition, unto which the rest of his authority was but accessary and accommodate.
It
>(
did avouch the substance of that
was charged,
and referred themselves also
to
many
of their
lordships letters to the same effect ; the third, letters written from my lord after his being in
Ireland, whereby the resolution touching the de sign of the north is often knowledged.
was delivered
commission,
his
further, that in the authority which was more ample in
There follow some clauses both of her majesty s and of the lords of her council, and of the earl s and the council of Ireland, for the verifica
letters
points than any former lieutenant had been vested with, there were many direct and evident marks vf his designation to the northern action,
many
tion of this point. Her majesty, in her letter of the 19th of July to Lord of Essex, upon the lingering of the
my
as principally a clause whereby "merumarbitrium

belli et
pacis"
was reposed
in his sole trust
and
northern journey, doubting my lord did value service, rather by the labour he endured, than bv
VOL.
II.
44
346
THE PROCEEDINGS OF THE EARL OF

unite soundness of
to
ESSEX.
the advantage of her majesty s royal ends, hath these words :

"You
light, either
have in this despatch given us small when or in what order you intend
particularly to proceed to the northern action ; wherein if you compare the time that is run on, and the excessive charges that are spent, with the
this voyage, remain satisfied with your own particular cases and travails of body and mind, yet you must needs think that we, that have the
effects
judgment to the zeal you havo do us service, as with all speed to pass thither in such sort, as the axe might be put to the root of that tree, which hath been the treasonable stock from whom so many poisoned plants and grafts have been derived; by which proceedings of yours, we may neither have cause to repent uf
our employment of yourself for omitting ttmse opportunities to shorten the wars, nor receive in
the eye of the world imputation of so much weak ness in ourself, to begin a work without better
foresight what would be the end of our excessive charge, the adventure of our people s lives, and
of any thing wrought by
howsoever
we
eyes of foreign princes upon our actions, and have the hearts of people to comfort and cherish, who groan under the burden of continual levies and
impositions, which are occasioned by these late actions, can little please ourself hitherto with any
up of our own greatness against a wretch, whom we have raised from the dust, and who could never prosper, if the charges we have
the holding
thing that hath been effected." In another branch of the same
letter, reflecting
her royal regard upon her own honour interested in this delay, hath these words
:
been put to were orderly employed." Her majesty in her particular letter, written to my lord the 30th of July, bindeth, still expressly
Whereunto we will add this one thing that doth more displease us than any charge or offence that happens, which is, that it must be the Queen
"
upon the northern prosecution, my principalia rerum," in these words

:
lord
"ad
"First,
you know
right well,
of England s fortune, who hath held down the greatest enemy she had, to make a base bush-kern to be accounted so famous a rebel, as to be a per
to this excessive charge, it foundation than to which yourself did ever ad vise us as much as any, which was, to assail the
when we yielded was upon no other
northern traitor,
and
to
plant garrisons in his
son against
whom
so
many thousands
all
of foot and
horse, besides the force of
kingdom, must
ployed."
the nobility of that be thought too little to be em
country; it being ever your firm opinion, amongst other our council, to conclude that all that was
done in other kind

consumption."
in Ireland,
was but waste and
In another branch, discovering, as upon the
vantage ground of her princely wisdom, what would be the issue of the courses then held, hath
these words
:
in her letter of the 9th of August Lord of Essex and the council of Ireland, when, after Munster journey, they began in a
to
Her majesty,
my
new time to dissuade the northern journey in her excellent ear, quickly finding a discord of men "And, therefore, although by your letter we found your purpose to go northwards, on which from themselves, chargeth them in these words Observe well what we have already written, depends the main good of our service, and which we expected long since should have been per and apply your counsels to that which may formed; yet, because we do hear it bruited, be shorten, and not prolong the war; seeing never sides the words of your letter written with your any of you was of other opinion, than that all own hand, which carries some such sense, that other courses were but consumptions, except we you, who allege such sickness in your army by went on with the northern prosecution." The lords of her majesty s council, in their being travelled with you, and find so great and letter of the 10th of August to my Lord of Essex impojtant affairs to digest at Dublin, will yet en gage yourself personally into Ophalie, being our and the council of Ireland, do in plain terms lay lieutenant, when you have there so many inferiors before them the first plot, in these words "We cannot able, might victual a fort, or seek revenge against deny but we did ground our coun those who have lately prospered against our sels upon this foundation, That there should have
:
"
And when we call to mind how far the sun hath run his course, and what dependeth
forces.
been a prosecution of the capital rebels in the north, whereby the war might have been short
it was advised by n by yourself before your going, and assented most part of the council of war that were called
upon
the timely plantation of garrisons in the
ened; which resolution, as
north, and how great scandal it would be to our honour to leave that proud rebel unassayed, when
we have with so great an expectation of our ene to the question, so must we confess to your lord mies engaged ourselves so far in the action ; so ship, that we have all this while concurred that, without that be done, all those former courses with her majesty in the same desire and expect will prove like l via navis in mari ; besides that ation." our power, which hitherto hath been dreaded by My Lord of Essex, and the council of Ireland, in their letter of the 5th of May to the lords of the potent enemies, will now even be held contempt ible amongst our rebels we must plainly charge council before the Munster journey, write in hec
,
"
you, according to the duty you
owe
to us, so to
verba."
THK PROCEEDINGS
M
you
>roover,
<>!
Till; i:\UI.
or ESSEX,
317
in
your lordships
<_rreat
wisdom,
will likewise jucl

to.
prow
take,
this
_r.. what pride the rehelswill what adv. intake tin- foreign enemy may ami what loss her majesty shall rrr. ivr.
In delivering of the evidence and prooft of this part, it was laid down for a foundation, that there
a full performance on her majesty s part of the points agreed upon for this great prosecu tion, so as there was no impediment or cause of
all
was
it"
summer
l.-r.l
I
the iirch-traitor he not assailed, and

him."
garrisons planted upon
M\
IN-
\. in his
particular letter of the
interruption from hence. This is proved by a letter from
my
Lord of
llth of July, to the lords of the council, after Essex and the council of Ireland to the lords of the council here, dated 9th May, which was some Munster journey, writeth thus:
will go look
I can call these troops together, 1 three weeks after my lord had received the sword, upon yonder proud rebel, and if 1 by which time he might well and thoroughly find him on hard ground, and in an open country, inform himself whether promise were kept in though I should find him in horse and foot three all things or no, and the words of the letter are for one, yet will I by CJod s grace dislodge him, these
*
As
fast as
or put the council to the trouble of," &c. The Karl of Essex, in his letter of the 14th of
your lordships do very truly set forth, very humbly acknowledge her majesty s August to the lords of the council, writeth out of chargeable magnificence and royal preparations and transportations of men, munition, apparel, great -affection, as it seemeth, in these words Yet must these rebels be assailed in the height money, and victuals, for the recovery of this of their pride, and our base clowns must be taught distressed kingdom where note, the transporta
"As
we do
"
;"
again: else will her majesty s honour tions acknowledged as well as the preparations. never be recovered, nor our nation valued, nor Next, it was set down for a second ground,
to fight
this
kingdom
reduced."
that there
was no
natural nor accidental impedi
Besides, it was noted, that whereas my lord and the council of Ireland, had, by theirs of the 15th
ment
in
the estate of the affairs
themselves,
against the prosecution upon Tyrone, but only of July, desired an increase of 2,000 Irish, pur culpable impediments raised by the journey of posely for the better setting on foot of the northern Munster. This appeared by a letter from my lord and service ; her majesty, notwithstanding her pro
portions, by often gradations and risings, had been raised to the highest elevation, yet was
the council of Ireland to the lords of the coun

cil
pleased to yield unto it. 1. The first part concerneth
my
lord s ingress
here, dated the 28th of April, whereby they advertise, that the prosecution of Ulster, in re gard of lack of grass and forage, and the poor
difficulties of the season,
into his charge, and that which passed here be fore his going hence; now followeth an order,
ness of cattle at that time of year, and such like and not of the matter,
both of time and matter, what

lord
was done after my will in better time, and with better commodity and had taken upon for the army, be fully executed about the middle him the government by her majesty s commission. of June or beginning of July; and signify, that 2. The second part then of the first article was the earl intended a present prosecution should to show, that my lord did willfully and contempt be set on foot in Lemster: to which letters uously, in this great point of estate, violate and the lords make answer by theirs of the 8th of was gone
into Ireland,
infringe bered.
her majesty s direction before
remem
May, signifying her majesty

delay.
s toleration of the
A DECLARATION
PRACTICES AND TREASONS,

ATTEMPTED AND COMMITTED BY
ROBERT, LATE EARL OF ESSEX, AND HIS COMPLICES,

AGAINST HER MAJESTY AND HER KINGDOMS
-,
A5B OF THE PROCEEDINGS AS WELL AT THE ARRAIGNMENTS AND CONVICTIONS OF THE SAID LATE EABL, AKD HIS ADHERENTS, AS AFTER: TOGETHER WITH THE VERT CONFESSIONS, AND OTHER PARTS OF THE EVIDENCES THEMSELVES, WORD FOR WORD, TAKEN OUT OF THE ORIGINALS.
IMPRINTED ANNO 1601.*
THOUGH public justice passed upon capital of fenders, according to the laws, and in course of an honourable and ordinary trial, where the case would have borne and required the severity of martial law to have been speedily used, do in itself carry a sufficient satisfaction towards all men, specially in a merciful government, such as her majesty s is approved to be yet, because there do pass abroad in the hands of many men divers false and corrupt collections and relations
:
death, did term a leprosy, that had infected far and near, do yet remain in the hearts and tongues
of
some misaffected persons.
deny, but that Robert, Essex, was, by her majesty s mani fold benefits and graces, besides oath and allegi ance, as much tied to her majesty, as the subject could be to the sovereign; her majesty having
partial will not late Earl of
The most
heaped upon him both dignities, in such measure, as within the
offices,
circle of
and gifts, twelve
of the proceedings at the arraignment of the late years, or more, there was scarcely a year of rest, Earls of Essex and Southampton ; and, again, in which he did not obtain at her majesty s hands because it is requisite that the world do under some notable addition either of honour or profit.
ments
stand as well the precedent practices and induce to the treasons, as the open and actual
But he on
the other side
making these her ma
treasons themselves, though in a case of life it was not thought convenient to insist at the trial
jesty s favours nothing else but wings for his ambition, and looking upon them not as her bene fits, but as his advantages, supposing that to be
his
was so given over by God, who often hath been thought fit to publish to the punisheth ingratitude by ambition, and ambition world a brief declaration of the practices and by treason, and treason by final ruin, as he had treasons attempted and committed by Robert, late long ago plotted it in his heart to become a Earl of Essex, and his complices against her ma dangerous supplanter of that seat, whereof he
pression,
upon matter of inference or presumption, but chiefly upon matter of plain and direct proofs;
it
own
metal which was but her mark and im
therefore
at the convictions of the said late earl

:
jesty and her kingdoms, and of the proceedings ought to have been a principal supporter; in such and his sort as now every man of common sense may dis adherents upon the same treasons and not so cern not only his last actual and open treasons, only, but therewithal, for the better warranting but also his former more secret practices and pre
and verifying of the narration, to set down in the end the very confessions and testimonies them selves, word for word, taken out of the originals, whereby it will be most manifest that nothing is obscured or disguised, though it do appear by divers most wicked and seditious libels thrown abroad, that the dregs of these treasons which the late Earl of Essex himself, a little before his
parations towards those his treasons, and that
without any gloss or interpreter, but himself and

his
own
it
For,
first
doings. of all, the world can
now expound
why was that he did aspire, and had almost attained unto a greatness, like unto the ancient greatness of the prsefectus praetorio" under the
"
emperors of Rome, to have all men of war to make their sole and particular dependence upon him; that with such jealousy and watchfulness 348
DECLARATION OF
Till:
TKKVSON OF ROBERT, EARL OF ESSEX.
349
he sought to -discountenance any one that might thirst he did affect and compass the government be a competitor to him in .my ji.irt of that great of Ireland, which he did obtain. For although ness, that with great violence and bitterness he he made some formal shows to put it from him ;
sought
their
to suppress and keep down all tho worthiest marlial men, which did not appropriate
respects and acknowledgments only to wards himself. All which did manifestly detect name himself to the queen by such description and distinguish, *that it was not the reputation of and such particularities as could not be applied a famous leader in the wars which he sought, as to any other but himself; neither did he so only, it was construed a great while, but only power but, farther, he was still at hand to offer and urge and greatness to serve his own ends, considering vehemently and peremptorily exceptions to any he never loved virtue nor valour in another, but other that was named. where he thought he should be proprietary and Then, after he once found that there was no man but himself, who had other matters in his head, commander of it, as referred to himself. So likewise those points of popularity which so far in love with that charge, as to make any every man took notice and note of, as his affable competition or opposition to his pursuit, when gestures, open doors, making his table and his bed he saw it would fall upon him, and especially
l>y
yet in this, as in most things else, his desires being too strong for his dissimulations, he did so far pass the bounds of decorum, as he did in effect
so popularly places of audience to suitors, deny ing nothing when he did nothing, feeding many
after
men
and the
since
queen and the like; as they were ever actions of Ireland, especially upon three points ; time the forerunners of treasons the first, that the proportions of forces which had following, so in him were they either the qualities been there maintained and continued by supplies, of a nature disposed to disloyalty, or the be were not sufficient to bring the prosecutions there ginnings and conceptions of that which after to period. The second, that the axe had not wards grew to shape and form. been put to the root of the tree, in regard there But as it were a vain thing to think to search had not been made a main prosecution upon the the roots and first motions of treasons, which are arch-traitor, Tyrone, in his own strength, within known to none but God that discerns the heart, the province of Ulster. The third, that the prose and the devil that gives the instigation ; so it is cutions before time had been intermixed and inter more than to be presumed, being made apparent rupted with too many temporizing treaties, where by the evidence of all the events following, that by the rebel did ever gather strength and reputa he carried into Ireland a heart corrupted in his tion to renew the war with advantage. All which allegiance, and pregnant of those or the like trea goodly and well-sounding discourses, together sons which afterwards came to light. with the great vaunts, that he would make the For being a man by nature of a high imagina earth tremble before him, tended but to this, that tion, and a great promiser to himself as well as to the queen should increase the list of her army, others, he was confident that if he were once the and all proportions of treasure and other furniture, first person in a kingdom, and a sea between the to the end his commandment might be the greater. queen s seat and his, and Wales the nearest land For that he never intended any such prosecution, from Ireland, and that he had got the flower of may appear by this, that even at the time before the English forces into his hands, which he his going into Ireland, he did open himself so far
state,
in their discontentments against the
himself was resolved upon ; he began to make propositions to her majesty by way of taxa tion of the former course held in managing the
Absalom
thought so to intermix with his own followers, as the whole body should move by his spirit, and if he might have also absolutely into his own
hands
potestatem vitse et necis, et arbitrium belli et pacis," over the rebels of Ireland, where those in whom he took himself to have interest. by he might entice and make them his own, first But his ends were two; the one, to get grt.it
"
speech to Blunt, his inwardest counsellor, he did assure himself that many of the so rebels in Ireland would be advised by him far was he from intending any prosecution towards
in
"That
:"
by pardons and conditions, and after by hopes to forces into his hands; the other, to oblige the bring them in place where they should serve for heads of the rebellion unto him, and to make hope of better booties than cows, he should be them of his party. These two ends had in them able to make that place of lieutenancy of Ireland selves a repugnancy; for the one imported proseas a rise or step to ascend to his desired greatness cution, and the other treaty but he that mean*, in England. to be too strong to be called to account for any And although many of these conceits were thing, and meant besides, when he was once in windy, yet neither were they the less like to his; Ireland, to engage himself in other journeys that
!
neither are they
comments upon
now only probable conjectures or these his last treasons, but the of actions almost immediately sub very preludes as shall oe touched in due place. sequent,
But,
first, it
should hinder the prosecution in the north, took and so first things in order as they made for him ; did nothing, as was said, but trumpet a final and
utter prosecution against Tyrone in the north. the end, to have his forces augmented.
was
strange with what appetite and
2G
350
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX.
But yet he forgat not his other purpose of defeating of that journey, with an intent, as ap making himself strong by a party amongst the peared, in the end of the year, to pleasure and rebels, when it came to the scanning of the gratify the rebel with a dishonourable peace, and clauses of his commission. For then he did to contract with him for his own greatness.
insist, and that with a kind of contestation, that the pardoning, no, not of Tyrone himself, the capital rebel, should be excepted and reserved to
her majesty s immediate grace ; being infinitely desirous that Tyrone should not look beyond him for his life or pardon, but should hold his fortune
as of him, and account for it to him only. So, again, whereas, in the commission of the
Therefore, not long after he had received the sword, he did voluntarily engage himself in an unseasonable and fruitless journey into Munster, a journey never propounded in the council there, never advertised over hither while it was past:
by which journey her majesty s were to be preserved entire, both
forces,
in vigour
which and
number
and
Earl of Sussex, and of
all
other lieutenants or
for the great prosecution, were tired with long marches together,
harassed
and the
deputies, there was ever in that clause, which giveth unto the lieutenant or deputy that high or
regal point of authority to pardon treasons and traitors, an exception contained of such cases of
northern prosecution
was indeed
quite dashed
and made impossible. But, yet, still doubting he might receive from her majesty some quick and express command
treason as are committed against the person of the
king; it was strange, and suspiciously strange even at that time, with what importunity and in stance he did labour, and in the end prevailed to
ment to proceed ; to be sure he pursued his former device of wrapping himself in other actions, and so set himself on work anew in the county of
Ophaley, being resolved, as is manifest, to dally out the season, and never to have gone that jour
that setting forward which he made end of August, being but a mere play and a mockery, and for the purposes which now
have that exception also omitted, glossing then, that because he had heard that, by strict exposi tion of law, in law that he would needs (a point forget at his arraignment, but could take know
ledge of
it
ney
at all
in the very
before,
when
it
was
to serve his
own
shall be declared.
all treasons of rebellion did tend to ambition,) the destruction of the king s person, it might
summer, and
After he perceived that four months of the three parts of the army were wasted,
he thought now was a time to set on foot such a peace, as might be for the rebels advantage, and so to work a mutual obligation between Tyrone and himself; for which purpose he did but seek to accept of pardon from all former governors, a commodity. He had there with him in his who had their commissions penned with that army one Thomas Lee, a man of a seditious and limitation, their commissions being things not working spirit, and one that had been privately familiar and entirely beloved of Tyrone, and one kept secretly in a box, but published and record ed: so as it appeared manifestly, that it was a that afterwards, immediately upon Essex s open mere device of his own out of the secret reaches rebellion, was apprehended for a desperate attempt of his heart, then not revealed ; but it may be of violence against her majesty s person ; which shrewdly expounded since, what his drift was, by he plainly confessed, and for which he suffered. those pardons which he granted to Blunt the Wherefore, judging him to be a fit instrument, he marshal, and Thomas Lee, and others, that his made some signification to Lee of such an em care was no less to secure his own instruments ployment, which was no sooner signified than than the rebels of Ireland. He gave order also to Sir apprehended by Lee. Yet was there another point for which he did Christopher Blunt, marshal of his army, to license contend and contest, which was, that he might Lee to go to Tyrone, when he should require it. not be tied to any opinion of the council of Ire But Lee thought good to let slip first unto Tyrone, land, as all others in certain points, as pardoning which was, nevertheless, by the marshal s war traitors, concluding war and peace, and some rant, one James Knowd, a person of wit and suf other principal articles, had been before him; to ficiency, to sound in what terms and humours the end he might be absolute of himself, and be Tyrone then was. This Knowd returned a mes fully master of opportunities and occasions for the sage from Tyrone to Lee, which was, That if the performing and executing of his own treasonable Earl of Essex would follow Tyrone s plot, he
breed a buz in the rebels heads, and so discourage them from coming in: whereas he knew well that in all experience passed, there was never rebel made any doubt or scruple upon that point
ends.
would make the Earl of Essex

after
the greatest
man
he had once, by her majesty s singu lar trust and favour toward him, obtained his patent of commission as large, and his list of lorces as full as he desired, there was an end in his course of the prosecution in the north. For,
But
that ever
the earl
England and, farther, that if would have conference with him, Tyrone
in
:
was
would deliver his eldest son in pledge for his This message was delivered by assurance. Knowd to Lee, and by Lee was imparted to the
being arrived into Ireland, the whole carriage of Earl of Essex, who, after this message, employed ms actions there was nothing else but a cunning Lee himself to Tyrone, and by his negotiating.
DI:<
MJATIU.N ur TIM:
else,
TKI:\M>.\
>r
KIUSKKT,
I:\KI.
or
I>M-:X.
35i
h-.iNi
ever passed
this
prepared and disposed

Let:
Ty rune
And
tli.n
it ;it
to the parley.
employment of
in
"iiihiness
my
s
lord, as,
was a matter of being charged with
tween them, which made them speak with loudness, there \\ n certain h"rs im n il n by order from Essex, to keep all
In
.
m>
<
some
;,|>|">mte<l
my
lord
keeper
of
Knowd
only in this nature, for the u.i- not tliea known, that
distance from the place. It is true, that the secrecy of that parley, as it gave to him the more liberty of treason, so it may
pretended to ;iSMiil Tyrone, lie had agreed upon a parley, my lord utterly denied it that he ever employed Lee to Tyrone it all, and turned it upon Blunt, whom
lie
.
when
nilerliiiiiil
give any man the more liherty of surmise uh.it was then handled between them, inasmuch as
lie al iei wards required to take it upon him, having before su. Vicie.ntly provided for the security of all
parts, for
xe
pardons
ol
all
Ireland, .u.d
had granted both to Blunt and Lee treasons under the great seal of so, himself disclaiming it, and they
all was safe. But when that Tyrone was by these means, besides what others, God knows, prepared to demand a par ey, now was the time for Essex to acquit himsell of all the queen s commandments,
being pardoned,
nothing can be known, but by report from one of them two, either Essex or Tyrone. But although there were no proceeding against Essex upon these treasons, and that it were a needless thing to load more treasons upon him then, whose burden was so great after; yet, for truth s sake, it is fit the world know what is testified touching the speeches, letters, and re
ports of Tyrone, immediately following this con ference, and observe also what ensued likewise in the designs of Essex himself.
On Tyrone
after that
s part
it fell
out, that the very
and his
own promises and
undertakings for the
Essex came
to the court of
northern journey ; and not so alone, but to have the glory at the disadvantage of the year, being but 2,500 strong of foot, and 300 of horse, after the fresh disaster of Sir Conyers Clifford, in the
height of the rebels pride, to set forth to assail, and then that the very terror and reputation of my Lord of Essex s person was such as did daunt him,
Tyrone having Warren at Armagh, by way of discourse told him, and bound it with an oath, and iterated it two or That within two or three three several times months he should see the greatest alterations and strangest that ever he saw in his life, or could
;
conference
with
Sir
day England, William
and make him stoop to seek a parley ; and this was the end he shot at in that September journey, being a mere abuse and bravery, and but induce ments only to the treaty, which was the only matter he intended. For Essex drawing now to wards the catastrophe, or last part of that tragedy, for which he came upon the stage in Ireland, his
treasons grew to a farther ripeness.
imagine and that he, the said Tyrone, hoped ere long to have a good share in England. With this concurred fully the report of Richard Bre:
a gentleman of the pale, having made his repair about the same time to Tyrone, to right him in a cause of land ; saving that Bremingham
mingham,
For,
know
communicate with any English, even of those whom he trusted face in England, little to the good of England. These generalities coming immediately from the most, and meant to use in other treasons, that he had an intention to grow to an agreement with report of Tyrone himself, are drawn to more par to have succours from him for the usurp Tyrone, ticularity in a conference had between the Lord ing upon the state here; (not because it was more Fitz-Morrice, Baron of Liksnaw in Munster, and
ing
unfit
it
how
was
for
him
to
Tyrone to himself; but not what Tyrone hoped, but what Tyrone had promised in these words, That he had promised, it may be thought to whom, ere long to show his
delivers the like speech of
dangerous than the rest of his treasons, but be cause it was more odious, and in a kind mon
strous, that he should conspire with such a rebel, against whom he was sent; and therefore might
one Thomas Wood, a person well reputed of, immediately after Essex coming into England.
In which conference Fitz-Morrice declared unto
adventure to alienate
Wood, that Tyrone had written to the traitorous from him ;) titulary Earfof Desmond to inform him, that the it might be, and so condition of that contract between Tyrone and there was, under colour of treaty, an interview Essex was, That Essex should be King of Eng and private conference between Tyrone and him land ; and that Tyrone should hold of him the self only, no third person admitted. A strange honour and state of Viceroy of Ireland ; and that course, considering with whom he dealt, and the proportion of soldiers which Tyrone should With especially considering what message Knowd had bring or send to Essex, were 8,000 Irish. brought, which should have made him rather call which concurreth fully the testimony of the said witnesses to him, than avoid witnesses. But he James Knowd, who, being in credit with Owny being only true to his own ends, easily dispensed Mac Roory, chief of the Omoores in Lemstc r,
men
s affections
he drave
to this, that there
with all such considerations. Nay, there was was used as a secretary for him, in the writing such careful order taken, that no person should of a letter of Tyrone, immediately after K-MX overhear one word that passed between them two, coming into England. The effect of which letter aa, because the place appointed and used for the was, To understand some light of the secret parley was such, as there was the depth of a brook agreement between the Earl of Essex and Tyrone,
; !
352
Owny, might frame his course carry with him of the army in Ireland as much u Which letter, with farther instruc le could conveniently transport, at least the accordingly. tions to the same effect, was, in the presence of choice of it, to the number of two or three thou Knowd, delivered to Turlagh Macdauy, a man of sand, to secure and make good his first descent trust with Owny, who brought an answer from on shore, purposing to land them at Mil fordthat he, the said
Tyrone: the contents whereof were, That the Haven in Wales, or thereabouts not doubting, Earl Df Essex had agreed to take his part, and but that his army would so increase within a that they should aid him towards the conquest of small time, by such as would come in to him, as he should be able to march with his power to England. Besides, very certain it is, and testified by London, and make his own conditions as he But both Southampton and Blunt divers credible persons, that immediately upon thought good. this parley, there did fly abroad, as sparkles of dissuaded him from this enterprise; Blunt allegthis fire, which it did not concern Tyrone so ng the hazard of it, and that it would make him and Southampton utterly disliking of nuch to keep secret, as it did Essex, a general odious and received opinion, that went up and down in that course, upon the same and many other rea of the better and meaner sort of sons. the mouths both Howbeit, thereupon Blunt advised him That the Earl of Essex was theirs, and rather to another course, which was to draw fortu rebels his and that he would never leave the one of the army some 200 resolute gentlemen, and they sword, meaning that of Ireland, till he had gotten with those to come over, and so to make sure of the other in England and that he would bring the court, and so to make his own conditions. them to serve, where they should have other Which confessions it is not amiss to deliver, by manner of booties than cows; and the like what a good providence of God they came to And Thomas Lee himself, who had light: for they could not be used at Essex s speeches. been, as was before declared, with Tyrone two arraignment to charge him, because they were or three days, upon my lord s sending, and had uttered after his death. But Sir Christopher Blunt at his arraignment, sounded him, hath left it confessed under his hand; That he knew the Earl of Essex and being charged that the Earl of Essex had set it down under his hand, that he had been a principal Tyrone to be one, and to run the same courses. And certain it is also, that immediately upon instigator of him to his treasons, in passion brake forth into these speeches That then he must lie that parley, Tyrone grew into a strange and un wonted pride, and appointed his progresses and forced to disclose what farther matters he had
:
visitations to receive congratulations
and homages held my lord from, and desired for that purpose, from his confederates, and behaved himself in all because the present proceeding should not be things as one that had some new spirit of hope interrupted, to speak with the Lord Admiral and Mr. Secretary after his arraignment, and so fell and courage put into him. But on the Earl of Essex his part ensued im most naturally, and most voluntarily into this Ids mediately after this parley a strange motion and confession, which, if it had been thought fit to no doubt he had harboured have required of him at that time publicly, he had project, which, though
in his breast before
; yet, for any thing yet apin it peareth, he did not utter and break with any before he had been confirmed and fortified in his
delivered before his conviction.
And
the
same
confession he did after, at the time of his execu tion, constantly and fully confirm, discourse par
purpose, by the combination and correspondence which he found in Tyrone upon their conference
and take upon his death, where never any man showed less fear, nor a greater resolution
ticularly,
Neither is this a matter gathered out of reports, to die. And the same matter, so by him confessed, was but confessed directly by two of his principal friends and associates, being witnesses upon their likewise confessed with the same circumstances
own knowledge, and

themselves
this
:
of that which
was spoken
to
of time and place by Southampton, being seve

rally
That
the substance of which confession is a little before my lord s coming over

:
examined thereupon. So as now the world may see how long since
England, at the castle of Dublin, where Sir my lord put off his vizard, and disclosed the Christopher Blunt lay hurt, having been lately secrets of his heart to two of his most confident removed thither from Rheban, a castle of Thomas friends, falling upon that unnatural and detestable Lee s, and placed in a lodging that had been my treason, whoreunto all his former actions in his Lord of Southampton s ; the Earl of Essex took government in Ireland, and God knows how long the Earl of Southampton with him to visit Blunt, before, were but introductions. But finding that these two persons, which of and there being none present but they three, my Lord of Essex told them, he found it now neces all the rest he thought to have found forwardest,
into
|
and would sary for him to go into England, advise with them of the manner of his going, And thereupon since to go he was resolved.
propounded unto them, that he thought
it
fit
Southampton, whose displacing he had made his own discontentment, having placed him no question to that end, to find cause of discontentment,
to
and Blunt, a
man
so enterprising and prodigal of
DECLARATION OK
his
l).ir,
Till;
TKF.VÔN OF ROBKUT, K\KI, OF ESSEX.

stirred, this
353
own
diil
life,
as himself termed himself at tho

;i|i|)l;uid
not
to
this
his
pur;
thereby doubting
iniinli
coldly he should find others d, that were not so near to him ; and, there
how
asleep, and the thread of his purposes was cut off. For coining over about the end of September, and not denied access and conference with her majesty, and then being
matter
fell
came over with
condescending to Blunt s advice to surprise the court, he did pursue that plot accordingly, and a selected company of captains
fore,
commanded
to
his
chamber
at court for
some
days, and from thence to the lord keeper s house, it was conceived that these were no ill signs. At
and voluntaries, and such as he thought wenmost affectionate unto himself, and most resolute, thouiri) not knowing of his purpose. So as even at that time every man noted and wondered what the matter should be, that my lord took his most particular friends and followers from their companies, which were countenance and means unto them, to bring them over. But his purpose, as in part was touched before, was this; that if he held his greatness in court, and were not committed, which, in regard of the miserable and deplored
estate he left Ireland in, whereby he thought the opinion here would be that his service could not
my lord keeper s house he remained till some few days before Easter, and then was removed to his own house, under the custody of Sir Richard Barkley, and in that sort continued till the end of Trinity term following. For her majesty, all this while looking into his faults with the eye of her princely favour, and
loath to take advantage of his great offences, in other nature than as contempts, resolved so to
ty s
proceed against him, as might, to use her majes own words, tend ad correctionem, et non ad
"
ruinam."
Nevertheless, afterwards, about the end of Tri

nity term the following, for the better satisfaction of the world, and to repress seditious bruits and
libels
be spared, he
made
were committed
then, at the first the surprise of her majesty s person. And if he to the Tower, or to prison, for his
account he should not be, opportunity, he would execute

full
which were dispersed
in his justification,
contempts, for, besides his other contempts, he came over expressly against the queen s prohibi
tion
under her signet,
it
might be the care of some
of his principal friends, by the help of that choice
observe a form of justice before he should full liberty ; her majesty was pleased to direct, that there should be associated unto her privy council some chosen persons of her nobility, and of her judges of the law, and before them
to
and
be set at
and resolute company which he brought over, to rescue him. But the pretext of his coming over was, by the efficacy of his own presence and persuasion to have moved and drawn her majesty to accept of such conditions of peace as he had treated of with
his cause, concerning the breaking of his instruc tions for the northern prosecution, and the man
ner of his treating with Tyrone, and his coming over, and leaving the kingdom of Ireland contrary
to
her majesty s commandment, expressed as well by signification thereof, made under her
Tyrone
in his private conference; which was royal hand and signet, as by a most binding and indeed somewhat needful, the principal article of effectual letter written privately to himself, to them being, That there should be a general resti receive a hearing; with limitation, nevertheless,
tution of rebels in Ireland to all their lands and
possessions, that they could pretend any right to before their going out into rebellion, without
reservation of such lands, as were by act of par liament passed to the crown, and so planted with
since
that he should not be charged with any point of disloyalty; and with like favour directed, that he
should not be called in question in the open and

ordinary place of offenders, in the Star Chamber, from which he had likewise, by a most penitent
and humble letter, desired to be spared, as that which would have wounded him forever, as he their going forth, or nature of their offence, or affirmed, but in a more private manner, at my other circumstance tending in effect to this, that lord keeper s house. Neither was the effect of
:
English, both in the time of Queen Mary, and and without difference either of time of ;
all
the queen s good subjects, in most of the pro vinces, should have been displanted, and the country abandoned to the rebels.
the sentence, that there passed against him, any more than a suspension of the exercise of some
When
this
man was come
over, his heart thus
fraughted with treasons, and presented himself to her majesty; it pleased God, in his singular pro vidence over her majesty, to guide and hem in
of his places: at which time also, Essex, that could vary himself into all shapes for a time, in finitely desirous, as by the sequel now appeareth,
to
be at liberty to practise and revive his former
her proceeding towards him in a narrow

safety
way
of
purposes, and hoping to set into them with better strength than ever, because he conceived the
between two perils. For neither did her people s hearts were kindled to him by his trou majesty leave him at liberty, whereby he might bles, and that they had made great demonstrations have commodity to execute his purpose; nor of as much; he did transform himself into such restrain him in any such nature, as might signify a strange and dejected humility, as if he had or betoken matter of despair of his return to court been no man of this world, with passionate pro and favour. And so the means of present mis testations that he called God to witness. That he chief being taken away, and the humours not had made an utter divorce with the world; anrf VOL. II. 15 Jk o 2
354
lie

drawing cords of popularity as
religion, he had
"
desired her majesty s favour not for any worldly respect, but for a preparative for a Nunc and that the tears of his heart had dimittis;"
not neglected, both at this time and long before, in a profane policy to serve his turn, for his own
greatness, of both sorts and factions, both of Catholics and Puritans, as they term them, turn ing his outside to the one, and his inside to the
quenched
this to
in
him
all
humours of ambition.
All
make her majesty secure, and world asleep, that he was not a man
to lull the
to be held
other; and making himself pleasing and gracious any ways dangerous. Not many days after, Sir Richard Barkley, his to the one sort by professing zeal, and frequenting keeper, was removed from him, and he set at sermons, and making much of preachers, and liberty with this admonition only, that he should secretly underhand giving assurance to Blunt, not take himself to be altogether discharged, Davis, and divers others, that, if he might pre though he were left to the guard of none but his vail in his desired greatness, he would bring in a own discretion. But he felt himself no sooner toleration of the Catholic religion. Then having passed the whole Michaelmas upon the wings of his liberty, but, notwithstand
ing his former shows of a mortified estate of
mind, he began
to practise afresh as busily as
ever, reviving his former resolution; which was the surprising and possessing the queen s person and the court. And that it may appear how
term in making himself plausible, and in drawing concourse about him, and in affecting and alluring men by kind provocations and usage, wherein
because his liberty was qualified, he neither for
got exercise of mind nor body, neither sermon nor tennis-court, to give the occasion and freedom of access and concourse unto him, and much
practice and device ; about the end of that term, towards Christmas, he grew to a more framed resolution of the time and manner, when
early after his liberty he set his engines on work, having long before entertained into his service,
and during his government
in
Ireland
drawn other
near unto him in the place of his chief secretary, one Henry Cuffe, a base fellow by birth, but a
great scholar, and indeed a notable traitor by the book, being otherwise of a turbulent and muti
and how he would put his purpose in execution. And first, about the end of Michaelmas term, it nous spirit against all superiors. passed as a kind of cipher and watch-word This fellow, in the beginning of August, which among his friends and followers, That my lord was not a month after Essex had liberty granted, would stand upon his guard ; which might re fell of practising with Sir Henry Nevil, that ceive constmction, in a good sense, as well served her majesty as lieger ambassador with the guard of circumspection, as guard of force: but French king, and then newly come over into to the more private and trusty persons he was England from Bulloign, abusing him with a content it should be expounded that he would be false lie and mere invention, that his service was cooped up no more, nor hazard any more restraints blamed and misliked, and that the imputation of or commandments. But the next care was how to bring such the breach of the treaty of peace held at Bulloign was like to light upon him, when there was no persons, as he thought fit for his purpose, into colour of any such matter, only to distaste him town together, without vent or suspicion, to be of others, and to fasten him to my lord, though ready at the time, when he should put his design he did not acquaint him with any particulars of in execution; which he had concluded should be some time in Hilary term; wherein he found my lord s designs till a good while after. But my lord having spent the end of the sum many devices to draw them up, some for suits in mer, being a private time, when everybody was law, and some for suits in court, and some for and one friend to draw up out of town and dispersed, in digesting his own assurance of land thoughts, with the help and conference of Mr. another, it not being perceived that all moved had soon set down between them the from one head. And it may be truly noted, that Cuffe, they ancient principle of traitors and conspirators, in the catalogue of those persons that were the which was, to prepare many, and to acquaint eighth of February in the action of open rebellion, few; and, after the manner of miners, to make a man may find almost out of every country of which could not be by chance or ready their powder, and place it, and then give fire England some ; but in the instant. Therefore, the first consid- constellation and in the particularity of exami
:
:
eiation
fit
to
was of such persons as my lord thought draw to be of his party singling out both
;
us
of nobility and martial men, and others, such were discontented or turbulent, and such
of judgment, and easy to be abused, or such as were wholly dependents and followers, for means or countenance, of himself,
nations, too long to be rehearsed, it was easy to trace in what sort many of them were brought up to town, and held in town upon several
pretences.
But
in
Candlemas term, when the
as were
weak
time drew near, then was he content consultation should be had by certain choice persons, upon the whole matter and course which he should
hold.
Southampton, or some other of his greatest asso

ciates.
And because he thought himself and his own house more observed, it was thought fit
that the
And knowing
there were no such strong and
meeting and conference should be
at
Mil I.AK
ATION OF TIIK TREASON OF ROBERT, EARL OF ESSEX.

court, and
Drnry House, where Sir Charles Davers lodged, There met .it tliis couneil, the Karl Soutliamp<>t
might have
;icccss,
without check or
ion, with
whom
in former times
some emulations and

after,
differences in court:
he had been at hut
suspicion, into the several rooms in court, accord ing to the several qualities of the persons, and tlm differences of the rooms, should distribute tliem-
Southampton having married his kinswo- selves into the presence, the guard-chamber, tlio man, and plunged himself wholly into his for- hall, and the utter court and gate, and some one tune, and being his continual associate in Ireland, principal man undertaking every several room, he accounted of him as most assured unto him, with the strength of some few to be joined with and had long ago in Ireland acquainted him with him, every man to make good his charge, accord his purpose, as was declared before: Sir Charles ing to the occasion. In which distribution, Sir Davers, one exceedingly devoted to the Earl Charles Davers was then named to the presence, of Southampton, upon affection begun first upon and to the great chamber, where he was appointed, the deserving of the same earl towards him, when time should be, to seize upon the halberds when he was in trouble about the murder of one of the guard Sir John Davis to the hall and Sir Loii j: Sir Ferdinando Gorge, one that the Earl Christopher Blunt to the utter gate; these seem of Essex had of purpose sent for up from his ing to them the three principal wards of consi government at Plymouth by his letter, with par deration and that things being within the court ticular assignation to be here before the second in a readiness, a signal should be given and sent of February Sir John Davis, one that had been to Essex, to set forward from Essex House, being his servant, and raised by him, and that bare no great distance off. Whereupon Essex, accom office in the Tower, being surveyor of the ord panied with the noblemen of his party, and such nance, and one that he greatly trusted: and as should be prepared and assembled at his house John Littleton, one they respected for his wit for that purpose, should march towards the court; and valour. and that the former conspirators already entered The consultation and conference rested upon should give correspondence to them without, as
i
three parts
the perusal of a list of those persons, they took to be of their party ; the considerition of the action itself which they should set
:
well by
making themselves masters of
the gates
whom
afoot,
to give them entrance, as by attempting to get into their hand upon the sudden the halberds of
and how they should proceed
in it;
and
the distribution of the persons, according to the action concluded on, to their several employ-
the guard, thereby hoping to prevent any great resistance within, and by filling all full of tumult
and confusion. This being the platform of
their enterprise, the
The
list
contained the
number of sixscore per
sons, noblemen, and knights, and principal gen tlemen, and was, for the more credit s sake, of the Earl of Essex s own handwriting.
second act of this tragedy was also resolved, which was, that my lord should present himself to her majesty, as prostrating himself at her feet, and desire the remove of such persons as he called
his enemies from about her.
lord
made
For the action itself, there was proposition of two principal articles: the one of pos
And
after that
my
sessing the Tower of London ; the other of sur prising her majesty s person and the court; in
which
also deliberation was had, what course to hold with the city, either towards the effecting of the surprise, or after it was effected.
tation to the action,
For the Tower, was alleged the giving a repu by getting into their hand the principal fort of the realm, with the stores and
provisions thereunto appertaining, the bridling of the city by that piece, and commodity of entrance
in
and possessing it, by the means of Sir John Hut this was by opinion of all rejected, which would distract their attempt from bred in him, as may be imagined, partly by the the more principal, which was the court, and as great overweening he had of the love of the citithat which they made a judgment would follow zens; but chiefly, in all likelihood, by a fear, that incidently, if the court were once possessed. although he should have prevailed in getting her But the latter, which was the ancient plot, as m-. .jesty s person into his hands for a time, with was well known to Southampton, was in the end, his two or three hundred gentlemen, yet the verv by the general opinion of them all, insisted and beams and graces of her majesty s magnanimity rested upon. and prudent carriage in such disaster, working And the manner how it should be ordered and with the natural instinct of loyalty, which, of
I
Davis.
had obtained possession of the queen, and the state, he should call his pretended enemies to a trial upon their lives, and summon a parliament, and alter the government, and obtain to himself and his associates such conditions as seemed to him and them good. There passed a speech also in this conspiracy of possessing the city of London, which Essex himself, in his own particular and secret inclination, had ever a special mind unto: not as a departure or going from his purpose of possessing the court, but as an inducement and preparative to perform it upon a surer ground; an opinion
as that
disposed was this That certain selected persons of their number, such as were well known in
:
course, when fury is over, doth ever revive in the hearts of subjects of any good blood or mind, ssck
356
DECLARATION OF THE TREASON OF ROBERT, EARL OF KSSEX.
as his troop for the more part was compounded of, of the day: which, nevertheless, was resolved in though by him seduced and bewitched, would definitely to be before the end of the term, as was quickly break the knot, and cause some disunion said before, for the putting in execution of this and separation amongst them, whereby he might most dangerous and execrable treason. But d, have been left destitute, except he should build who had in his divine providence long ago cursed upon some more popular number, according to the this action with the curse that the psalm speaketh nature of all usurping rebels, which do ever trust of, "That it should be like the untimely fruit of more in the common people, than in persons of a woman, brought forth before it came to perfec And this may well appear by tion," so disposed above, that her majesty, under sort or quality. his own plot in Ireland, which was to have come standing by a general charm and muttering of the with the choice of the army, from which he was great and universal resort to Essex House, con So as his own trary to her princely admonition, and somewhat diverted, as before is showed. courses inclined ever to rest upon the main differing from his former manner, as there could strength of the multitude, and not upon surprises, not be so great fire without some smoke, upon the or the combinations of a few. seventh of February, the afternoon before this But to return these were the resolutions taken rebellion, sent to Essex House Mr. Secretary Her
(i<
by these five at Drury bert, to require him to come before the lords of days before the rebellion, her majesty s council, then sitting in council at to be reported to Essex, who ever kept in himself Salisbury-court, being the lord treasurer s house the binding and directing voice which he did to where it was only intended, that he should have prevent all differences that might grow by dissent received some reprehension, for exceeding tho or contradiction. And, besides, he had other per limitations of his liberty, granted to him in a sons, which were Cuffe and Blunt, of more in qualified manner, without any intention towards wardness and confidence with him than these, him of restraint; which he, under colour of not Southampton only excepted, which managed that being well, excused to do: but his own guilty consultation. And, for the day of the enterprise, conscience applying it, that his trains were dis
at that consultation, held
House, some
five or six
which
all
is
that
must
rise out of the
knowledge of covered, doubting

it
peril in
any
farther delay, de
termined to hasten his enterprise, and to set it on red to Essex his own choice and appointment it foot the next day. But then again, having some advertisement in being, nevertheless, resolved, that it should be some time before the end of Candlemas term. the evening, that the guards were doubled at
the opportunities and difficulties,
refer
;
was
But this council and the resolutions thereof, court, and laying that to the message he had re were in some points refined by Essex, and Cuffe, ceived overnight ; and so concluding that alarm and Blunt for, first, it was thought good, for the was taken at court, he thought it to be in vaiu to
:
better
making
sure of the utter gate of the court,
and the greater celerity and suddenness, to have a troop at receipt to a competent number, to have come from the Mews, where they should have been assembled without suspicion in several com panies, and from thence cast themselves in a moment upon the court gate, and join with them which are within, while Essex with the main of his company were making forward. It was also thought fit, that because they would be commonwealth s men, and foresee, that the business and service of the public state should not stand still ; they should have ready at court, and at hand, certain other persons to be offered, to supply the offices and places of such her ma
jesty s counsellors and servants, as they should
think of the enterprise of the court, by way of but that now his only way was, to come surprise
:
thither in strength, and to that end first to attempt the city : wherein he did but fall back to his own
former opinion, which he had in no sort neglected,

but had formerly made some overtures to prepare the city to take his part; relying himself, besides his general conceit, that himself was the darling and minion of the people, and specially of the
upon assurance given of London, a man well beloved amongst the citizens, and one that
city,
more
particularly
Thomas Smith, then
sheriff of
had some particular command of some of the trained forces of the city, to join with him. Hav
ing therefore concluded upon this determination, now was the time to execute in fact all that he
demand to he removed and displaced. But chiefly it was thought good, that
:
had before
the as
First,
in purpose digested.
therefore,
he concluded of a pretext
sembling of their companies together should be upon some plausible pretext both to make divers of their company, that understood not the depth of the practices, the more willing to follow them; and to engage themselves, and to gather them together the better without peril of detecting or
interrupting:
which was ever part of the plot, and which he had meditated upon and studied long before. For finding himself, thanks be to God, to seek,
j
!
in her majesty s government, of any just pretext in matter of state, either of innovation, oppres
sion, or
any unworthiness
as in all his former
more
aa
and, again, to take the court the discontentments he had gone the beaten path of unprovided, without any alarm given. So traitors, turning their imputation upon counsel
;
now
there
wanted nothing but the assignation
lors,
and persons of credit with
their sovereign;

so now he was forced to descend to the pretext of a private quarrel, giving out this speech, Imw that evening, w In n he should have been called before the lords of the council, there was an
|
357
All the while after eight of the clock in the iimming, the gates to the street and water wenstrongly guarded, and men taken in and let forth
by discretion of those that held the charge, but

>|"
n.il caution of receiving in such as came ambuscade of musketeers placed upon the water, with by the device of my Lord Cobham and Sir from court, but not suffering them to go back Walter Raleigh, to have murdered him by the without my lord s special direction, to the end n way aa he passed: a matter of no probability; particularity of that which passed there might be
j
those persons having no such desperate estates 01 known to her majesty. About ten of the clock, her majesty having un minds, as to ruin themselves and their posterity, derstanding of this strange and tumultuous as by committing so odious a crime. But, contrariwise, certain it is, Sir Ferdinando sembly at Essex House, yet in her princely Gorge accused Blunt, to have persuaded him to wisdom and moderation thought to cast water kill, or at least apprehend Sir Walter Raleigh; upon this fire before it brake forth to farther incon the latter whereof Blunt denieth not, and asked venience: and therefore using authority before Sir Walter Raleigh forgiveness at the time of his she would use force, sent unto him four persons of great honour and place, and such as he ever death. But this pretext, being the best he had, was pretended to reverence and love, to offer him taken and then did messages and warnings fly justice for any griefs of his, but yet to lay her thick up and down to every particular nobleman royal commandment upon him to disperse his and gentleman, both that evening and the next company, and upon them to withdraw themselves. These four honourable persons, being the Lord morning, to draw them together in the forenoon to Essex House, dispersing the foresaid fable, That Keeper of the Great Seal of England, the Earl of he should have been murdered ; save that it was Worcester, the Comptroller of her Majesty s sometime on the water, sometime in his bed, Household, and the Lord Chief Justice of Eng varying according to the nature of a lie. He land, came to the house, and found the gates sent likewise the same night certain of his shut upon them. But after a little stay, they instruments, as, namely, one William Temple, were let in at the wicket ; and as soon as they his secretary, into the city to disperse the same were within, the wicket was shut, and all their tale, having increased it some few days before by servants kept out, except the bearer of the seal. an addition, That he should have been likewise In the court they found the earls with the rest of murdered by some Jesuits, to the number of four the company, the court in a manner full, and and to fortify this pretext, and to make the more upon their coming towards Essex, they all buz of the danger he stood in, he caused that flocked and thronged about them ; whereupon night a watch to be kept ail night long, towards the lord keeper in an audible voice delivered to the street, in his house. The next morning, the earl the queen s message, That they were which was Sunday, they came unto him of all sent by her majesty to understand the cause of hands, .according to his messages and warnings: this their assembly, and to let them know that if of the nobility, the Earls of Rutland, South they had any particular cause of griefs against ampton, and the Lord Sands, and Sir Henry any persons whatsoever, they should have hearing called the Lord Mountegle; and justice. Parker, commlttily besides divers knights and principal gentlemen Whereupon the Earl of Essex, in a very loud and their followers, to the number of some three and furious voice, declared, That his life was hundred. And also it being Sunday, and the sought, and that he should have been murdered hour when he had used to have a sermon at his in his bed, and that he had been perfidiously house, it gave cause to some and colour to others deajt withal; and other speeches to the like
: :
to
come upon
that occasion.
As they came, my
to the generality
effect.
lord saluted and embraced,
and
If
To which the lord chief justice said, any such matter were attempted or intended
it
of them gave to understand, in as plausible terms as he could, That his life had been sought, and that he meant to go to the court and declare his griefs to the queen, because his enemies were
against him,
was
fit
for
him
to
declare
it,
assuring him both a faithful relation on their part, and that they could not fail of a princely indifferency and justice on her majesty s part.
To which the Earl of Southampton took occa mighty, and used her majesty s name and com mandment; and desired their help to take his sion to object the assault made upon him by part; but unto the more special persons, he spake the Lord Gray: which my lord ;hief justice hisfh, and in other terms, telling them, That he returned upon him, and said, That in that case was sure of the city, and would put himself into justice had been done, and the party was in that strength, that her majesty should not be able prison for it. to stand against him, and that he would take Then the lord keeper required the Earl of
:
revenge of his enemies.
Essex, that
if
he would not declare his griefa
358

whence
lie
openly, yet that then he would impart them pri brought him round again to the place vately ; and then they doubted not to give him or first moved.
procure him satisfaction. Upon this there arose a great clamour among the multitude "Away, my lord, they abuse you,
:
For
after
he had once by Ludgate entered into
the city, he never had so
much
as the heart or
they betray
Whereupon
said with a
let us speak your griefs;
assurance to speak any set or confident speech to you, they undo you, you lose time." the people, (but repeated only over and over his my lord keeper put on his hat, and tale as he passed by, that he should have been louder voice than before, "My lord, murdered,) nor to do any act of foresight or with you privately, and understand courage; but he that had vowed he would never and I do command you all upon your be cooped up more, cooped himself first within
the walls of the city, and after within the. walls of a house, as arrested by God s justice as an
down your weapons and to Upon which words the Earl of Essex and all the rest, as disdaining commandment, put on their hats; and Essex somewhat abruptly went from him into the house, and the counsel lors followed him, thinking he would have pri vate conference with them, as was required.
allegiance, to lay
depart."
example of disloyalty.
For passing through Cheapside, and so towards Smith s house, and finding, though some came about him, yet none joined or armed with him, he provoked them by
as they passed through the several rooms, they might hear many of the disordered company "Kill them, kill them;" and others cry, crying,
"
And
speeches as he passed to arm, telling them, They did him hurt and no good, to come about him with no weapons.
But there was not in so populous a city, where Nay, but shop them up, keep them as pledges, he thought himself held so dear, one man, from
;"
so as being prentice, that armed with him extremely appalled, as divers that happened to see him then might visibly perceive in his face and countenance, and almost moulten with sweat, though without any cause of bodily labour but only by the perplexity and horror of his mind, he came to Smith s house the sheriff, where he majesty of the use of their counsel in such a refreshed himself a little, and shifted him. But the mean while it pleased God, that her strait, and to engage his followers in the very beginning by such a capital act, as the imprison majesty s directions at court, though in a case so ment of counsellors carrying her majesty s royal strange and sudden, were judicial and sound. commandment for the suppressing of a rebellious For first there was commandment in the morning force. given unto the city, that every man should be in And after that they were come up into his a readiness, both in person and armour, but yet to book-chamber, he gave order they should be kept keep within his own door, and to expect com fast, giving the charge of their custody princi mandment; upon a reasonable and politic con pally to Sir John Davis, but adjoined unto him a sideration, that had they armed suddenly in the warder, one Owen Salisbury, one of the most streets, if there were any ill disposed persons, seditious and wicked persons of the number, they might arm on the one side and turn on the having been a notorious robber, and one that other, or at least, if armed men had been seen to served the enemy under Sir William Stanley, and fro, it would have bred a greater tumult, and and that bare a special spleen unto my lord chief more bloodshed ; and the nakedness of Essex s justice; who guarded these honourable persons troop would not have so well appeared. with muskets charged, and matches ready fired at And soon after, direction was given that the
:
cast the great seal out at the window and other such audacious and traitorous speeches. But
the chiefest citizen to the meanest artificer or
Essex took hold of the occasion and advantage, to keep in deed such pledges if he were dis tressed, and to have the countenance to lead them with him to the court, especially the two great magistrates of justice, and the great seal of England, if he prevailed, and to deprive her
the chamber door.
Lord Burghley, taking with him the king of notwithstanding my lord heralds, should declare him traitor in the princi keeper still required to speak with him, left the pal parts of the city which was performed with charge of his house with Sir Gilly Merick; and, good expedition and resolution, and the loss and Have pa hurt of some of his company. Besides that, using these words to my lord keeper, tience for a while, I will go take order with the the Earl of Cumberland, and Sir Thomas Gerard, mayor and sheriffs for the city, and be with you knight-marshal, rode into the city, and declared again within half an hour;" issued with his and notified to the people that he was a traitor: from which lime divers of his troop withdrawing troop into London, to the number of two hun dred, besides those that remained in the house, from him, and none other coming in to him, For bavin rr choice men for hardiness and valour, unto whom there was nothing but despair.
This done, the
earl,
"
some gentlemen and one nobleman
did after join
themselves. But from the time he went forth, it seems God did strike him with the spirit of amazement, and
stayed a while, as is said, at Sheriff Smith s house, and there changing his pretext of a private should quarrel, and publishing, that the realm
I
have been sold
to the Infanta, the better to
spur

and eallad, tnd gi?M OOfD- and gentlewomen to mandment to have arms hrii!_r|it :uul weapons of Essex returning the all sorts, and being soon after advertised of the the compassion and desired only to have proclamation, In- came forth in a hurry.
to rise,
359
on the people
come
forth.
Whereupon
thanks for
to
lord lieutenant
care he had of the ladies,
So having made some stay

street,
in
(Iracechiirchj
way
for
their
going
an hour s respite out, and an hour

:
make
to
after
and heing dismayed upon knowledge {riven barrieado the place again which, hccause it could to him that forces were coming forwards against make no alteration to the hindrance of the service, him under the conduct of the lord admiral, the the lord lieutenant thought good to grant. Hut lieutenant of her majesty s forces and not know- Essex, having had some talk within of a sally, ing what course to take, he determined in the end and despairing of the success, and thinking hetter to go back towards his own house, as well in to yield himself, sent word, that upon some con hope to have found the counsellors there, and hy ditions he would yield. them to have served some turn, as upon trust that But the lord lieutenant utterly refusing to hear towards night his friends in the city would gather of capitulation, Essex desired to speak with my
I
their spirits together, and rescue him, as himself declared after to the lieutenant of the Tower.
But,
for the counsellors,
make one
ment
it had pleased God to of the principal offenders his instru
who, seeing my lord s case desperate, and contriving how to redeem his fault and save himself, came to Sir John Davis,
and Sir Gilly Merick, as sent from my lord ; and so procured them to be released. But the Earl of Essex, with his company that was left, thinking to recover his house, made on by land towards Ludgate ; where being resisted by a company of pikemen and other forces, gathered together by the wise and diligent care of the Bishop of London, and commanded by Sir John Luson, and yet attempting to clear the pas sage, he was with no great difficulty repulsed. At which encounter Sir Christopher Blunt was eore wounded, and young Tracy slain on his part; and one Waits on the queen s part, and some others. Upon which repulse he went back and fled towards the water-side, and took boat at Queenhithe, and so was received into Essex House at the water-gate, which he fortified and
.
for their delivery;
lord, who thereupon went up close to the house; and the late Earls of Essex and Southampton, with divers other lords and gentlemen their par takers, presented themselves upon the leads; and Essex said, he would not capitulate, but entreat; and made three petitions. The first, that they might be civilly used whereof the lord lieutenant assured them. The second, that they might have an honourable trial: whereof, the lord lieutenant The third, answered, they needed not to doubt. that he might have Ashton, a preacher, with him in which the lord for the comfort of his soul prison, lieutenant said he would move to her majesty, not doubting of the matter of his request, though he
:
could not absolutely promise him that person. Whereupon they all, with the ceremony amongst
martial
men accustomed, came down and sub
mitted themselves, and yielded up their swords, which was about ten of the clock at night ; there
having been slain in holding of the house, by Owen Salisbury, and some few more on the part of my lord, and some few likewise slain and hurt on the queen s part: and presently,
musket-shot,
as well the lords as the rest of their confederates
barricadoed; but instantly the lord-lieutenant so disposed his companies, as all passage and issue forth was cut off from him both by land and by
water, and
all
of quality, were severally taken into the charge of divers particular lords and gentlemen, and by
them conveyed
to the
Tower and
other prisons.
succours that he might hope for So as this action, so dangerous in respect of the and leaving the Earl of Cum person of the leader, the manner of the combina berland, the Earl of Lincoln, the Lord Thomas tion, and the intent of the plot, brake forth and Howard, the Lord Gray, the Lord Burghley, and ended within the compass of twelve hours, and
were discouraged
Compton, Sir Walter Raleigh, Sir Gerard, with divers others, before the house to landward, my lord lieutenant himself thought good, taking with him the Lord of Effing-
the
Lord
Thomas
with the loss of little blood, and in such sort aa the next day all courts of justice were open, and did sit in their accustomed manner, giving good
subjects and
all
reasonable
men
just cause to
ham, Lord Cobham, Sir John Stanhope, Sir think, not the less of the offender s treason, but Robert Sidney, M. Foulk Grevill, with divers the more of her majesty s princely magnanimity others, to assail the garden and banqueting-house and prudent foresight in so great a peril, and
on the water-side, and presently forced the gar chiefly of God s goodness, that hath blessed her den, and won to the walls of the house, and was majesty in this, as in many things else, with so ready to have assailed the house; but out of a rare and divine felicity. Christian and honourable consideration, undertending that there were in the house the Countess TJie effect of the evidence given at the several of Essex, and the Lady Rich, with their gentlearraignments of the late Earls of ESSEX and women, let the Earl of Essex know by Sir Robert SOUTHAMPTON, before the lord steward; and Sidney, that he was content to suffer the ladies of Sir CHRISTOPHER BLUNT, ami Sir CHARJ.KS
360

others, before great
DAVERS, and
and honourable
The
evidence consisted of two parts.- the plot of sut~

a
Commissioners of Oyer and Terminer : and of the answer* and defences which the said offenders
prising her majesty
person in court, and
tft4
open rebellion in the
city.
made for
themselves
.
and
the replies
made upon
such their defences
with some other circumstances
of the proceedings, as well at the
same arraign
ments as
after.
The plot was opened according to the former narration, and proved by the several confessions of four witnesses, fully and directly concurring in the point; Sir Christopher Blunt, Sir Charles
Davers, Sir John Davis, and Sir Ferdinando Gorge. Of which number, though Sir Christo
pher Blunt were not at the council held at Drury House, no more than Essex himself was ; yet, he
Essex and Southampton Fe At which trial there passed upon them twenty-five peers, a greater number than hath been called in any
late Earls of
The two
were brought
to their trial the nineteenth of
bruary, eleven days after the rebellion.
was
former precedent. Amongst whom her majesty did not forbear to use many that were of near alliance and blood to the Earl of Essex, and some
others, that had their sons and heirs apparent that were of his company, and followed him in
Gorge being prisoner

place of
voce"
Sir Ferdinando privy to that which passed. in the Gatehouse, near the
trial,
Essex, brought
was, at the request of the Earl of thither, and avouched "viva
And
his confession in all things. these four proved all particularities of sur
the open action of rebellion.
The
lord steward
then in commission, according to the solemnity in such trials received, was the Lord Buckhurst, lord high treasurer, who with gravity and tem
the prising the court, and the manner of putting same in execution, and the distributing and naming of the principal persons and actors to their
several charges;
and the calling of
my
lord s
perance directed the evidence, and moderated, and There was also an assist gave the judgment.
pretended enemies to trial for their lives, and the summoning of a parliament, and the altering of
and
ance of eight judges, the three chief, and five others. The hearing was with great patience the ordinary course not being held, liberty
:
And Sir Christopher Blunt, the government. and Sir John Davis from Sir Christopher Blunt, did speak to the point of bringing in a toleration
of the Catholic religion.
to silence the prisoners
till
the whole state of the
evidence was given in; but they being suffered to answer articulately to every branch of the evi
dence, and sometimes to every particular deposi and not tion, whensoever they offered to speak so only, but they were often spared to be inter
:
For
the overt rebellion
in the city
itself,
it
wts
likewise opened, according to the former narra tion, and divided itself naturally into three parts.
First, the imprisonment of the counsellors, their digressions and speeches not bringing her majesty s royal commandment to much pertinent to their cause. And always when them, upon their allegiance to disperse their any doubt in law was moved, or when it was forces. Secondly, the entering the city, and the required either by the prisoners or the peers, the stirring of the people to rise, as well by provok lord steward required the judges to deliver the ing them to arm, as by giving forth the slanders law; who gave their opinions severally, not that the realm was sold to the Spaniard, and the
rupted, even in
barely yea or no, but at large with their rea sons.
And, assailing of the queen s forces at Ludgate. of the house thirdly, the resistance and keeping
against her majesty s forces under the charge and conduct of the lord lieutenant.
In the indictment were not laid or charged the treasons of Ireland, because the greatest matter,
which was the design
to bring over the
army of
;
Ireland, being then not confessed nor
known
it
And albeit these parts were matters notorious, and within almost every man s view and know
ledge
;
was
not thought convenient to stuff the indict
of the peers, yet, for the better satisfaction
ment with matters which might have been con

ceived to be chiefly gathered by curious inquisi
tion,
and grounded upon report or presumption,

there
it
they were fully proved by the oath of the Lord Chief Justice of England, being there present, viva voce," and the declaration of the Earl of
"
when
besides,
was other matter so notorious. And, Worcester, being one of the peers likewise, viva voce," touching so much as passed about was not unlikely, that in his case, to
were so
partial,
whom many
not consider
some,
who would
things came to light by degrees, might have recoiled that he was twice called in And, therefore, the question about one offence.
how
the imprisonment of themselves and the rest ; and by the confessions of the Earl of Rutland, the
Lord Sandys, the Lord Cromwell, and
others.
late treasons of his rebellion and conspiracy were only comprehended in the indictment, with the usual clauses and consequents in law, of compass ing the queen s death, destruction, and depriva
defence of the late Earl of Essex, touching the plot and consultation at Drury House, was: That it was not proved that he was at it; and
that they could show nothing, proving his con sent or privity, under his hand. Touching the action in the city, he justified the
The
tion,
and levying war, and the
like.
DECLARATION or
pretext of
tin-
Till:
hi-
TRK\soN or KojJMUT,
truth.
IIAUI.
or
(
I>M-;.V.
361
danger of
his life to
;i
Hi-
conîdi ring that
said that his speech, that tin- realm should have li.-en -did tn the Infanta of Spain, was grounded
;.,
ii
0160 WhOM MtetM WT0 better Mttled Raleigh and established than to overthrow their fortunes
Wn
my
Lord
obham ami
Sir \\ alter
a report he
s.iy
had heard, that Sir Robert Cecil
by such a crime.
Besides, it was showed how the tale did not hang together, but varied in itself, as the tale of the two judges did, when one said, under the
should
other.
privately.
That
the Infanta s
title to
1
the crown,
after IHT majesty,
excused the counsellors to have been against his mind, forced his unruly company. He protested upon him
!>y
He
was as good as any imprisonment of the
he never intended in his heart any hurt to her ijesty s person ; that he did desire to secure his access to her, for which purpose he thought to pray the help of the city, and that he did not arm
his
men
in
warlike sort, nor struck up drum, nor
the like.
The
defence of the late Earl of Southampton to

in
:
the plot and consultation at Drury That it was a matter debated, but not resolved nor concluded ; and that the action which
his part
House, was
open action in the city, he concurred with Essex, with protestation of the cient footsteps of former traitors, to make their of his mind for any hurt to the queen s quarrel as against their private enemies, because clearness person ; and that it was but his affection to my God unto lawful kings did ever impart such beams Lord of Essex that had drawn him into the cause. of his own glory, as traitors could not look straight This was the substance and best of both their de upon them but ever turned their pretences against Unto which the reply was some about them ; and that this action of his re fences. Defence. Tn the point, that the late Earl of sembled the action of Pisistratus of Athens, that Essex was not at the consultation at Drury House. proceeded so far in this kind of fiction and dis It was replied, that it was proved by simulation, as he lanced his own body, and came Reply. all the witnesses, that that consultation was held hurt and wounded before the people, as having been his special appointment and direction, and that assailed by his private enemies ; and by colour by both the list of the names and the principal articles thereof obtained a guard about his person, by help were of his own handwriting. And whereas he of whom he after usurped upon the state. Defence. To the point, that he heard it reported said, they could not be showed extant under his hand it was proved by the confession of my Lord Mr. Secretary should say, that the Infanta? title to the of Rutland, and the Lord Sandys, that he had pro trown, after her majesty, was as good as any other vided for that himself; for after he returned out of Reply. Upon this his allegation, Mr. Secretary the city to his own house, he burned divers papers standing out of sight in a private place, only to which he had in acabinet, because, as himself said, hear, being much moved with so false and foul an accusation, came suddenly forth, and made they should tell no tales. To the point which Southampton al- humble request to the lord steward, that he Defence. leged, That the consultation at Drnry House, upon the might have the favour to answer for himself. list and articles in writing, was not executed Which being granted him, in respect of the place It was replied, that both that consul- he carried, after a bitter contestation on his part Reply. tation in that manner held, if none other act had with the earl, and a serious protestation of his followed, was treason ; and that the rebellion fol- alienation of heart from the Spanish nation in any lowing in the city, was not a desisting from the such condition, he still urged the earl to name the other plot, but an inducement and pursuance of it; reporter, that all the circumstances might be their meaning being plain on all parts, that after known ; but the earl still warily avoiding it, Mr. they had gotten the aid of the city, they would Secretary replied, that seeing he would allege no have gone and possessed the court. author, it ought to be reputed his own fiction. Defence. To the point, that it was a truth that Whereupon the Earl of Essex said, though
; : ;
.
j
was executed, was sulted upon. And
not the action which

for the
was con
and another said, under the fig tree. it was said, that he should have been murdered in his bed, and sometimes upon the water, and sometimes it should have been per formed by Jesuits some days before. Thirdly, It was asked what reference the going into the city for succour against any his private enemies had to the imprisoning of the lord keeper, and the lord chief justice, persons that he pre tended to love and respect and the Earl of Wor cester, his kinsman, and Master Comptroller, his uncle, and the publishing to the people, that the realm should have been sold to the Spaniard. And, lastly, It was said, that these were the an
mulberry
tree,
So sometimes
hi>
Essex should hare
been assailed by his private

required to deliver
Reply.
it
First,
He was
who
1
a sufficient testimony self, that he had not invented any untruth, yet he would affirm thus much for the world s farther
own conscience was
gave him the advertisement of it ; be- satisfaction in that behalf, that the Earl of South canoe otherwise it must light upon himself, and ampton also had heard so much reported of Mr. bethought his own invention: whereuntohesaid, Secretary; but said still that he for his part would that he would name no man that day. name nobody. Whereupon Mr. Secretary adjured
was
that
Then
VOL.
it
was showed how improbable

46
it
was, the Earl of Southampton, by
all
former friendship,
II.
2H
362

lion of experience,
which had been indeed very great between them, that he would declare the person ; which he did At presently, and said it was Mr. Comptroller. which speech Mr. Secretary straight took hold, and said, that he was glad to hear him named of for howsoever some malicious person all others
;
which
the
is
is
the warranty of all
reason.
For,
first,
civil
law mak
-th
this
"cri-
judgment, that treason
nothing else but
men
laesae majestatis,"
or "diminuUemajestatis,"
making every offence which abridgeth or hurteth the power and authority of the prince, as an insult
I
might peradventure have been content
to give
or invading of the
rial sceptre.
crown, and extorting the impe-
credit to so injurious a conceit of him, especially such as were against the peace wherein he was
employed, and
ever hated
for which the Earl of Essex had him, being ever desirous to keep ar with insolency of the change, and what with terror army on his own dependency, yet he did think no of his own guiltiness, he will never permit the man of any understanding would believe that he king, if he can choose, to recover authority ; nor, could be so senseless as to pick out the Earl of for doubt of that, to continue alive. And, lastly,
1
And for common reason, it is not possible that a subject should once come to that height as to give law to his sovereign, but what
Essex, his uncle, to lay open to him his affection for experience, it is confirmed by all stories and nation, in a matter of so odious and per examples, that the subject never obtained a supe nicious consequence and so did very humbly riority and command over the king, but there crave it at the hands of the lord steward, and all followed soon after the deposing and putting of the peers, that Mr. Comptroller might be sent for, the king to death, as appeareth in our own chroni
to that
;
to
make good
his accusation.
cles, in
:
two notable
particulars of
two unfortunate
Thereupon the lord steward sent a Serjeant at arms for Mr. Comptroller, who presently came thither, and did freely and sincerely deliver, that he had only said, though he knew not well to whom, that Mr. Secretary and he, walking in the garden at court one morning about two years since, and talking casually of foreign things, Mr. Secretary told him, that one Doleman had maintained in a
book, not long since printed, that the Infanta of Spain had a good title to the crown of England
:
kings the one of Edward the Second, who, when he kept himself close for danger, was summoned by proclamation to come and take upon him the government of the realm but as soon as he pre sented himself was made prisoner, and soon after
:
forced to resign, and in the end tragically
mur
dered in Berkley Castle. And the other of King Richard the Second, who, though the Duke of
winch was
ho heard
all, as Mr. Comptroller said, that ever Mr. Secretary speak of that matter.
Hereford, after King Henry the Fourth, presented himself before him with three humble reverences, yet in the end was deposed and put to death.
And
of that scandal being quickly discerned, that matter ended ; all that could be proved being no other, than that Mr.
so the
weak foundation
Defence. To the point of not arming his men otherwise than with pistols, rapiers, and daggers,
it
was
replied
.-
Comptroller had told another, who had told the Earl of Essex, that Mr. Secretary said to him that favour of the city, as coming like a friend with an such a book said so ; which every man could say All hail, or kiss, and not as an enemy, making that hath read it, and no man better knew than full reckoning that the city would arm him, and the carl himself, to whom it was dedicated. arm with him ; and that he took the pattern of his Defence. To the point of both their protestations, action from the day of the barricadoes at Paris, that they intended no hurt to her majesty" s person. where the Duke of Guise entering the city but Reply. First, the judges delivered their opinions with eight gentlemen, prevailing with the city of for matter in law upon two points the one, that Paris to take his part, as my Lord of Essex, thanks
1
Reply. That that course was held upon cun ning, the better to insinuate himself into the
where a subject attempteth to put himself be to God, failed of the city of London, made the into such strength as the king shall not be able king, whom he thought likewise to have surprised, to resist him, and to force and compel the king to to forsake the town, and withdraw himself into
in case
govern otherwise than according to his own royal authority and direction, it is manifest rebellion. The other, that in every rebellion the law intendeth as a consequent, the compassing the death and deprivation of the king, as foreseeing that
And it was other places, for his farther safety. also urged against him, out o/ the confession ot the Earl of Rutland and others, that he cried out
to the citizens,
"That
good, to
come without weapons
the rebel will never suffer that king to live or reign, which might punish or take revenge of his
them to arm: moved to arm with him, sought

troops.
they did him hurt and no and provoked and finding they would not be
;"
to
arm
his
own
treason and rebellion.

thfc
And
it
was enforced by
queen only the wis dom of the laws of the realm which so defineth
s counsel, that this is not
the effect of the reply. This, point by point, Upon all which evidence both the earls were
!
was
of
it,
but
it
is
the conclusion of
also the censure of foreign laws, common reason, which is the
found guilty of treason by all the several voices of every one of the peers, and so received judg-
ground of
all
laws, and the demonstrative asser- ment.

The names of the peers
the
:r,:i
that paused
upon
the trial of
two
earls.
Lord Lnnl Lord Lord Earl of Cumberland. Lord K.irl of Worcester. Lord Earl of Sussex. Lord of Hertford. Earl K.irl of Lincoln. Lord Lord Earl of Nottingham. Lord Lord Viscount Bindon. Lord Lord Lord De la Ware. Lord Lord Morley.
Earl of Oxford.
Cobham.
Stafford.
Earl of Shrewsbury. Earl of Derby.
concerning the matter of the Infanta, with signification of his earnest desire to be re conciled to them, which was accepted with -all he proceeded to Christian charity and humanity
at the bar,
;
Gray.
Lumley. Windsor.
Rich.
accuse heavily most of his confederates for carryng malicious minds to the state, and vehemently charged Cuffe his man to his own face, to have
Darcy de Chichey. Chandos. Hunsdon. St. John de Bletso.
been a principal instigator of him in his treasons ; and then disclosed how far Sir Henry Neville, tier majesty s late ambassador, was privy to all
the conspiracy; of
whose name
first
till
then there
bad not been so
much
as any suspicion.
And,
Compton.
Burghley.
farther, at the lords
coming
to
him, not
Howard of Walden.
sticking to confess that he knew her majesty could not be safe while he lived, did very earnestly
desire this favour of the queen, that he
might die
names of the judges that assisted the court. Justice Fenner. Lord Chief Justice. Lord Chief Justice of Justice Walmsly. Baron Clerke. the Common Pleas. Lord Chief Baron. Justice Kingsmill.
Tlit
as privately as might be. And the morning before his execution, there being sent unto him, for his better preparation,
Justice
Gawdy.
Mr. Doctor Mountford, and Mr. Doctor Barlow, to join with Mr. Abdy Ashton, his chaplain, he did in many words thank God that he had given
him a deeper
Some
particulars of that which passed after the ar raignment of the late enr/s, and at the time of the
insight into his offence, being sorry he had so stood upon his justification at his ar raignment: since which time, he said, he was
suffering of the Earl of Essex.
become a new man, and

also that his course
heartily thanked
s
God
But the Earl of Essex, finding that the consul prevented. For, if God knoweth," said he, what harm it had Drury House, and the secret plots of his premeditated and prepensed treasons were come wrought in the realm." He did also humbly thank her majesty, that he to light, contrary to his expectation, was touched, even at his parting from the bar, with a kind of should die in so private a manner, for he suffered remorse especially because he had carried the in the Tower yard, and not upon the hill, by his
tation at
"
providence his project had taken effect,
was by God
manner of
tation
:
his answer, rather in a spirit of osten and glory, than with humility and peni tence and brake out in the hall, while the lords That see were in conference, into these words ; ing things were thus carried, he would, ere it be Which known." long, say more than yet was good motion of his mind being, after his coming back to the Tower, first cherished by M. D. of Norwich, but after wrought on by the religious and effectual persuasions and exhortations of Mr. Abdy Ashton, his chaplain, the man whom he made suit by name to have with him for his soul s health, as one that of late time he had been most used unto, and found most comfort of, comparing it, when he made the request, to the case of a patient, that in his extremity would be desirous to have that physician that was best acquainted with his body ; he sent word the next day, to de sire to speak with some of the principal counsel lors, with whom he desired also that particularly Mr. Secretary might come for one. Upon which his request, first the lord admiral and Mr. Secre tary, and afterwards at two several times the lord
"
own
special suit, lest the acclamation of the people, for those were his own words, might be a temptation to him adding, that all popularity
:
and
vain, the experience whereof himself had felt: and acknowledged farther unto he was justly and worthily spewed out, them, that for that was also his own word, of the realm, and that the nature of his offence was like a leprosy And so likewise that had infected far and near.
trust in
man was
at the public place of his suffering, he did use vehement detestation of his offence, desiring God
to forgive
him
his great, his bloody, his crying,

:
and his infectious sin and so died very penitently, but yet with great conflict, as it should seem, for his sins. For he never mentioned, nor remembered
there, wife, children, or friend, nor took particular
leave of any that were present, but wholly ab stracted and sequestered himself to the state of
his conscience, and prayer.
The
that which passed at the arraignmentt effect CHARLES DAof Sir CHRISTOPHER BLUNT, Sir Sir JOHN DAVIS, Sir GILLY MERICK, and VERS,
<f
keeper of the great seal, the lord high treasurer, the lord high admiral, and Mr. Secretary repaired unto him before whom, after he had asked the
:
HENRY CUFFE.
The fifth of March, by a very hunouraole com mission of Oyer and Terminer, directed to the Lord High Admiral, the Lord Chamberlain, Mr.
lord keeper forgiveness, for restraining him in his house, and Mr. Secretary for having wronged him
864

at that time in their
Secretary, the Lord Chief Justice of England, Mr. Chancellor of the Exchequer, Mr. Secretary Her
bert,
protestations were so far true, that they hao .lot minds a formed and distinct
with divers of the judges, the commis
sioners sitting in the court of the Queen s Bench, there were arraigned and tried hy a jury both of
cogitation to have destroyed the queen s person ; yet, nothing was more variable and mutable than
"
the mind of man, and especially Honores mutant when they were once aloft, and had the aldermen of London, and other gentlemen of good mores credit and sort, Sir Christopher Blunt, Sir Charles queen in their hands, and were peers in my Lord Davers, Sir John Davis, Sir Gilly Merick, and of Essex his parliament, who could promise of The three first whereof, before what mind they would then be ? especially when Henry CufTe. my Lord of Essex at his arraignment had made they pleaded, asked this question of the judges
:"
Whether they might not confess

in
part,
1
the indictment
defence of his
first
action of imprisoning the privy
and plead not guilty to it in the other counsellors, by pretence that he was enforced to But being resolved by the judges, that it by his unruly company. So that if themselves part ? their pleading must be general; they pleaded Not should not have had, or would not seem to have guilty, as did likewise the other two, without any had, that extreme and devilish wickedness of such question asked. The reason of that question mind, as to lay violent hands upon the queen s was, as they confessed, in respect of the clause sacred person ; yet, what must be done to satisfy laid in the indictment; That they intended and the multitude and secure their party, must be compassed the death and destruction of the queen s then the question wherein the example was re majesty unto whose person, although they con membered of Richard the Third, who, though he fessed at the bar, as they had done in their ex were king in possession, and the rightful inheritors
:
:
aminations, that their meaning was to come to her in such strength, as they should not be resisted,
to require of her divers conditions and altera tions of government, such as in their confessions
but infants, could never sleep quiet in his bed, till they were made away. Much less would a Catilinary knot and combination of rebels, that did rise without so much as the fume of a title, ever
and
are expressed, nevertheless they protested, they
intended no personal harm to herself.
Where
endure, that a queen that had been their sovereign, and had reigned so many years in such renown
upon, as at the arraignment of the two earls, so then again the judges delivered the rule of the law ; that the wisdom and foresight of the laws
of this land maketh this
and policy, should be longer alive than made

their
for
own
turn.
And much
So
speech was used to

all
the
same end.
that in the end
those three
judgment: That the
at the bar said, that
now
they were informed, and
subject that rebelleth or riseth in forcible manner to overrule the royal will and power of the king,
intendeth to deprive the king both of crown and life; and that the law judgeth not of the fact by
the intent, but of the intent by the fact. And the queen s counsel did again enforce that point,
setting forth that it was no mystery or quiddity of the common law, but it was a conclusion in
fallible of
that they descended into a deeper consideration of the matter, they were sorry they had not confessed the indictment. And Sir Christopher
Blunt, at the time of his suffering, discharged his conscience in plain terms, and said publicly be fore all the people, that he saw plainly with him self, that if they could not have obtained all that
they would, they must have drawn blood even
crown was not a ceremony

sisted of pre-eminence
reason and experience; for that the or garland, but con
from the queen
herself.
and power.
the subject will take upon and to make the
to
And,
therefore,
when
evidence given in against them three, waa principally their own confessions, charging every one himself, and the other, and the rest of the
The
him
ject
to give
law
to the king,
power sovereign and commanding
become sub
evidence used at the arraignment of the late earls, and mentioned before ; save that, because it was
perceived, that that part of the charge would take no labour nor time, being plain matter and con
fessed,
and commanded ; such subject layeth hold of the crown, and taketh the sword out of the king s hands. And that the crown was fastened
so close upon the king s head, that it cannot be pulled off, but that head, and life, and all will
and because some touch had been given
in
the proclamation of the treasons of Ireland, and chiefly because Sir Christopher Blunt was mar
follow
and here
all examples, both in foreign stories shal of the army in Ireland, and most inward with home, do make manifest. And, there my lord in all his proceedings there and not so fore, when their words did protest one thing, and only, but farther in the confession of Thomas Lee their deeds did testify another, they were but it was precisely contained, that he knew the Earl like the precedent of the protestation used by of Essex and Tyrone, and Blunt, the marshal, to Manlius, the lieutenant of Catiline, that con be all one, and to run one course. It was thought
;
as
at
spired
liis
letter to the
against the state of Rome, who senate with these words:

testor,
began
"Deos
hominesque
uliuH.
&r."
patres conscripti, nos nihil
And
it
was
said farther, that, admitting their
to open some part of the treasons of Ireland, such as were then known, which very happily gave the occasion for Blunt to make that discovery of the purpose to have invaded the realm with tue army of Ireland, which he then offered, and afterfit
DECLARATION OF
wards
uttered,
TIIK TR r.\so\ or
his
l
R<un:HT.
i:\IM.
or
|>s|-:v.
305
and
in
the end sealed with
bin. id, as is hereafter set
down.
Against Cufle was given in evidence, both Sir Charles Davers s confession, who charged him, when there was any debating of the several enlerprises
Vii farther, to prove him privy to the plot, it was given in evidence, that some few days hi the rebellion, with great heat and violence he had displaced certain gentlemen lodged in a lnni^n
( !
fast
which they should undertake,
that
lie
my
did ever bind firmly and resolutely for the court: ami .he accusation under the eail s hand, avouched
by Essex House, and there planted divers of lord s followers and complices, all such as went forth with him in the action of rebellion.
by
im
to his face,
thnt he
was
a principal insti
gator of him in his treasons; but especially a full declaration of Sir Henry Neville s, which describeth and planteth forth the
his practising with him. The fellow, after he had
That the afternoon before the rebellion, Merick, with a great company of others, that afterwards were all in the action, had procured to be played before them the play of deposing King Richard
Neither was
it
whole manner of the Second.

casual, but a play bespoken
by
made some
introduc
Merick.
not so only, but when it was told him by one of the players, that the play was old, and
and continued speech, and some time spent in sophistical arguments, de scended to these two answers the one, for his being within Essex House that day, the day of the
tion
by an
artificial
And
they should have loss in playing
it,
because few
would come
played
it
to
it,
there
were
it,
forty shillings ex
rebellion, they might as well charge a lion within a grate with treason, as him ; and for the consul tation at Drury House, it was no more treason than
traordinary given to play
and so thereupon
eyes with the
was.
to satisfy his
So earnest he was
the child in the mother s belly is a child. was replied, that for his being in the house,
But it sight of that tragedy, which he thought soon after it was his lordship should bring from the stage to the
state,
not compulsory, and that there was a distribution of the action, of some to make good the house, and some to enter the city, and the one part held
but that
God
turned
it
upon
their
own
heads.
correspondent to the other, and that in treasons there was no accessaries, but all principals.
speeches of Sir Christopher Blunt at his execution are set down as near us they could be re
The
membered, after
evidences.
the rest nf the confessions
and
Drury House, it was a perfect treason in itself, because the compassing of the king s destruction, which by judgment of law was concluded and implied in that consulta tion, was treason in the very thought and cogita tion, so as that thought be proved by an overt act ; and hat the same consultation and debating there upon was an overt act, though it had not been upon a list of names, and articles in writing, much
for the consultation at
And
Here follow the voluntary confessions themselves, suck as were given in evidence at both the several
arraignments, taken forth word for word out of the originals whereby it may appear how God brought matters to light, at several times, and in several parts, all concurring in substance ; and with themother declarations and parts of evidence.
,
more being upon matter in writing. And, again, the going into the city was a pur
suance and inducement of the enterprise to possess the court, and not a desisting or a departure from it.
The confession of THOMAS LEE, taken
was ruled by the judges for law, conspire to execute treason against the prince in one manner, and some of them do exe cute it in another manner, yet their act, though dif
And,
if
lastly,
it
that
many do
the 14/A of February, 1 fiOO, before SIR JOHN PEYTON, Lieute nant of the Tower ; ROGER WILBRAHAM, Master of the licquests; SIR ANTHONY SAINTLEGER, Mas ter of the Hoi/sin Ireland; OTU/THOMAS FLEMING,
her majesty
s Solicitor
General.
fering in the
spire,
manner, by reason of the general malice of the

is
the act of all
them thatconintent.
This examinate
saith, that
Tyrone sent a mes
Against Sir Gilly Merick, the evidence that went to given, charged him chiefly with the matter of ing had sent to Tyrone before himself the open rebellion, that he was a captain or com Tyrone, that if the Earl of Essex would follow mander over the house, and took upon him charge his plot, he would make him the greatest man to keep it, and make it good as a place of retreat that ever was in England, and that, when Essex for those which issued into the city, and fortifying and Tyrone should have conference together, for and barricading the same house, and making pro his assurance unto the Earl of Essex, Tyrone would deliver his eldest son in pledge to the earl vision of muskets, powder, pellets, and other mu nition and weapons for the holding and defending And with this message this examinate made thi
sage to this exarainate by James Knowd, whom this examinate by the marshal s warrant in wrii-
was
of
it,
and as a busy, forward, and noted actor in

resistance
that defence and
which was
made
it
this
against the queen s forces brought against her majesty s lieutenant.
by
I
Earl of Essex acquainted before his coming examinate s house, at that time when this examinate was sent to Tyrone.
<o
This examinate
saith,
he knew that Essex,
Ty
2 H 2
366

The confession of JAMES KNOWD, taken
of February, 1000, before Sir
the
tone, and the marshal, Sir Christopher Blunt, were all one, and held all one course.
1G/A
ANTHONY
S.u.vr-
THOMAS LEE.
Exam,
per
JOHN PEYTON,
LEGER, Master of the Rolls in Ireland, and ROGER WILBRAHAM, Master of the
ROGER WILBRAHAM, ANTHONY SAINTLEOER, THOMAS FLEMING.

The declaration of Sir WILLIAM WARREN.
3 Octobris, 1599.
Owney Mac Rory having secret intelligence of the friendship between the Earl of Essex and Ty
him to certify him whereby he might frame his course Ac and not do any thing contrary to their cordingly, agreement: which letter myself did write by
thereof,
s appointment, for then I was in credit with him; in which letter he also desired Tyrone to send him some munition. The letter, with
rone, wrote to Tyrone, desiring
The
said Sir
William came
to
Armagh
the las
Owney
Friday, being the twenty-eight of September from thence he sent a messenger in the night
t<
Tyrone to Dungannon, signifying his coming Armagh, as aforesaid, and that the next morninc he would meet Tyrone at the fort of Blackwater where accordingly the said Tyrone met with him and after other speeches, by farther discourse thf
t<
instructions to that effect,
was
in
my
presence
Kelly, a
delivered to one Turlagh
Mac Davy O
man of secrecy, sufficiency, and trust with Owney; and he carried it to Tyrone: before whose return Owney grew suspicious of me, be
cause I sometimes belonged to Mr. Bowen, and told the said Sir William, and de with an oath, that within these two therefore they would not trust me, so as I could months he should see the greatest alteration, anc not see the answer but yet I heard by many of the strangest, that he the said Sir William coulc their secret council, that the effect thereof was, That the Earl of Essex should be King of Eng imagine, or ever saw in his life and said, tha he hoped, before it was long, that he the said Ty land, and Tyrone of Ireland. Afterwards I met with Turlagh Mac Davy, the rone should have a good share in England which speeches of the alteration Tyrone reiterated two messenger aforesaid, and asked him whether he or three several times. brought an answer of the letter from Tyrone. He said he did, and delivered it to WILLIAM WARREN. Owney. And then I asked him what he Certified from the council of Ireland to thought of the wars. He told me he had good hope the last the lords of the council here. year, and had none this year; his reason was, as he said, that
said
Tyrone
it
livered
The
declaration of THOMAS WOOD, 20 Januarii, 1599, taken before the Lord BUCKHURST, Lord High Treasurer the Earl of NOTTINGHAM, Lord
,
Earl Essex was to take their part, and they should aid him towards the conquest of England ; and now they were hindered thereof by means of
the
of
High
the
Admiral,- Sir ROBERT CECIL, principal and Sir J. FORTESCUE, Chancellor of Secretary
,-
his apprehension.
I, dwelling with the tanist of the country, my mother s cousin german, heard him speak sundry times, that now the Earl of Essex had gotten one of the swords, he would never forego his govern ment until he became King of England, which
Exchequer.
The said Wood said, that happening to be with the Lord Fitzmorris, Baron of Licksnaw, at his
Alhallowtide with the said
house at Licksnaw, between Michaelmas and last, the said baron walking abroad Wood, asked of him what force the
Earl of Essex
was of
he could not
earl
tell,
he answered, but said he was well beloved of

in
England
Then said the baron, that was gone for England, and had discharged many of the companies of Ireland, and that it was agreed that he should be King of England, and
the commonalty.
Essex writ to That if Owney came to him, he would speak with him about that, which f he would follow, should be happy for him and the his country. JAMES KNOWD.
the Earl of
was near at hand. saw a letter which
Owney,
to this effect;
Exam,
per
ANTHONY SAINTLEGER, ROGER WILBRAHAM.
Onele to be Viceroy of Ireland ; and whensoever he should have occasion, and would send for them, Onele should send him eight thousand men out of
Ireland.
The declaration of DAVID HETHRINGTON, an ancient captain and servitor in Ireland, 6 January, 1599,
taken before the Lord BUCKHURST, Ltn-d High Treasurer ; the Earl of NOTTINGHAM, Lord Hi^h Admiral; Sir ROBERT CECIL, principal Secre and Sir JOHN FORTESCUE, Chancellor of tary
,-
he
The said Wood asked the baron, how knew that] He answered, that the Earl of Desmond had written to him so much. THOMAS WOOD.
Confessed
in the
presence of
the
Exchequer.
THOMAS BUCKHURST,
NOTTINGHAM, ROBERT CKCIL, JOHN FORTESCUE.
He, the said David Hethrington, riding into the ;dge of the county of Kildare, about the 3nd of he first cessation, fortuned to meet with onu
fames Occurren, one of the horsemen of Master
DECLARATION OF
i,
Till-
TKKAsoN
ol
KOHKKT, KAKL OF ESSEX.

earl
307
tld provost marshal of I. mister, w h him, th.it tin- said James Occurren meeting lately with a principal follower of Owney M.n liief nf tin- Mnc.rrs, Owney s 111,111 asked lillil
-
Ki>ry,
news he hranl of the Earl of Essex which James Occurren answered, that he was gone for England whereunto he said, Nay, if shot after him in a boat. That at the going out of Essex House gate, you can tell me no news, I can tell you some; But the Earl of Essex is now in trouble for us, for many cried out, To the court, to the court. that he would do no service upon us; which he my Lord of Essex turned him about towards Lonnever meant to do, for he is ours, and we are his. don. DAVID HETHRINGTON. That he meant, after possession of the court, to Confessed in the presence of call a parliament, and therein to proceed as cause THO. BUCKHURST, should require. NOTTINGHAM, At that time of the consultation on Saturday Ro. CECIL, night, my lord was demanded, what assurance he Jo. FoRTESCUK. had of
vliat
?
!
>
and Sir Christopher Blunt understanding that Sir Walter Raleigh had sent tospeuk with him in the morning, the said Sir Chris-* tupher Hliint persuaded him, either to surpri-i Sir Walter Raleigh, or to kill him. Which when he utterly refused, Sir Christopher Blunt sent four
That the
/ he first confession of Sir FERDINANDO GORGE, knight, the 16/A if February, 1600, taken before Sir THOMAS EGERTON, Lord Keeper of the Great
Seal; the Lord BUCKHURST, Lord surer ; the Earl of NOTTINGHAM,
Secretary.
made account to be his friends in Whereunto he replied, that there was no question to be made of that, for one, amongst the rest, that was presently in one of the greatest
those he
T
the city
High
Trea-\
commands amongst them,
held himself to be in
Lord High
Admiral; and Sir ROBERT CECIL, principal
terested in the cause, for so he phrased it, and was colonel of a thousand men, which were ready
at all
times
besides others that he held himself
He
him
in
saith, the Earl of
Essex wrote a
letter to
as assured of, as of him, and able to make as great numbers. Some of them had at that instant, as
January, complaining of his misfortune: that he desired his company, and desired his
to
;
as
him by the second of February that intended to have repair up entrapped him, and made request he came to town on Saturday seven-night before to know his pleasure. the earl s insurrection, and that the same night FERD. GORGE late he visited the earl who, after compliments, Exam, per THO. EGERTON, C. S. told him that he stood on his guard, and resolved THQS. BUCKHURST, not to hazard any more commandments or reNOTTINGHAM, s raints; that he desired him to rest him that Ro. CECIL. night, and to repair unto him again, but in such
:
he reported to U8, sent unto him, taking notice of much as he made us to know of the purpose
it might not be noted. That he had been with the earl two or three times that week; and on Saturday, being the seventh of February, the earl told him that he had been sent for by the lords, and refused to
sort as
The second
confession of Sir
FERDINANDO GORGE,
February, 1600, all written of his own hand ; arid acknowledged in the presence of Sir the Great THOMAS EGERTON, Lord Keeper
the ISth of
<f
come
delivering farther, that he resolved to de

farther saith, that
it
fend himself from any more restraint.
Seal; the Lord BUCKHURST, Lord surer ; the Earl of NOTTINGHAM,
High Trea Lord High
He
and
cient
was
in question the
Admiral;
Secretary.
and Sir ROBERT CECIL, principal

.
same Saturday
night, to have stirred in the night, to have attempted the court. But being de
On Tuesday
manded, whether the
earl could have had suffi member, I was have done any thing in the praying me to meet my Lord of Southampton, Sir night: he answered, that all the earl s company Charles Davers, Sir John Davis, and other his were ready at one hour s warning, and had been friends at Drury House; where I should see a so before, in respect that he had meant long be- schedule of his friends names, and projects to be
before the insurrection, as I re sent unto by my Lord of Essex,
company
to
fore to stand
upon
his guard.
have the court first at That it was tempted ; that the earl had three hundred gentlelen to do it; but that he, the said Ferdinando Gorge, was a violent dissuader of him from that purpose, and the earl most confident in the party of London, which he meant, upon a later dispute, first to assure; and that he was also assured of
resolved to
a party in Wales, but
until
disputed upon. Whither I came accordingly, and found the foresaid earl, Sir Charles Davers, Sir
John Davis, and one Mr. Littleton. The mmea were showed and numbered to be six score earls. barons, knights, and gentlemen. The projects were these, whether to attempt the court, or
;
the
or
Tower, or to stir his friends in London first, whether both the court and Tower at an inI
meant not
to use
them,
stant*
disliked
I
that
counsel.
first
My
to
reasons
he had been possessed of the court.
were, that
alleged to them,
attempt both
368
DECLARATION OF THE TREASON OF ROBERT, EARL OF ESSEX

watchword, should have come out of the prescm guard-chamber, and then some out of the between hall to have met him, and so have the guard and their halberds; of which gu;ird they hoped to have found but a dozen, or some such small number. Being asked, whether he heard that such ;isiny lord misliked should have received any violence] He saith, that my lord avowed the contrary, and that my lord said, he would call them to an ho nourable trial, and not use the sword. Being demanded, whether my lord thought his enemies to be Spanish, "bona fide," or no] He and saith, that he never heard any such speech
into the
<1
with those numbers, was not to be thought on, because that was not sufficient; and therefore advised them to think of something else. Then they would needs resolve to attempt the court, and withal desired mine opinion. But I prayed
\hf.m
first
step[><
to set
down
the
manner how
it
might
be done. Then Sir John Davis took ink and paper, and assigned to divers principal men their several places ; some to keep the gate, some to be in the hall, some to be in the presence, some
in the lobby, some in the guard-chamber, others lord himself, who should to come in with
my
have had the passage given him to the privychamber, where he was to have presented him
self to her majesty.
FERD. GOUGE.
Knovvledged in the presence of THO. EGERTON, C. S.
if my lord used any such, on the sudden.
it
came
into his head
Being demanded, what party my lord had in London ] He saith, that the sheriff Smith was
his hope, as he thinketh.
THO. BUCKHURST, NOTTINGHAM,

Ro. CECIL.
Being demanded, whether

liberty of Catholic religion]
my He
lord promised saith, that Sir

it.
Christopher Blunt did give hope of
The confession nf Sir JOHN DAVIS, taken the 18th of February, 1600, before the Earl of NOTTINGHAM,
JOHN DAVIS.
Exam, per NOTTINGHAM,

Ro. CECIL,
J.
Lord High Admiral; Sir ROBERT CECIL, princi pal Secretary ; and JOHN HERBERT, second Se
cretary of Slate.
Sir
HERBERT.
The first
the
before
John Davis being demanded, how long my Lord Essex s tumult he knew of such
]
confession of Sir CHARLES DAVERS, taker 18th of ftbruary, anno 1600, before Sir
his purpose
He
meaning
answers, that he knew not directly of any my lord had, until the Sunday seven-
of the Great Seal; the Lord BUCKHURST, Lord High Trtasurer ; the Earl of NOTTINGHAM, the Lord High
THOMAS EGERTON, Lord Keeper
night before, or thereabout.
Admiral; Lord HUNSDON, Lord Chamberlain; and Sir ROBERT CECIL, principal Secretary.
Being demanded, what he knew?

answered, that
Then he
him
my
lord consulted to possess
self of the court, at such convenient time
when
He confesseth, that before Christmas the Earl of Essex had bethought himself, how he might secure his access unto the queen in such sort as
he might not be resisted
;
he might find least opposition. For executing of which enterprises, and of other affairs, he appointed my Lord of Southampton, Sir Charles
but no resolution de-
terminately taken, until the coming up of this examinate a little after Christmas.
meet
Davers, Sir Ferdinando Gorge, and himself, to at Drury House, and there to consider of the same, and such other projects as his lordship de
And
was taken
resolution
then he doth confess, that the resolution to possess himself of the court ; which
was taken agreeable
to certain articles,
and, principally, for surprising of the court, and for the taking of the Tower of Lon don. About which business they had two meet
:
livered
them
which the Earl of Essex
did send to the Earl of
Southampton, this examinate, Sir Ferdinando Gorge, and Sir John Davis, written with the
earl s
ings, surrection.
which were
five or six
days before the in
own
hand.
that
To which
consultation, being
held at Drury House,

fore
He
was
and
which the Earl of Essex projected things to him unknown for that my lord trusted under his hand were these: several men in several businesses, and not all First, whether it were fit to take the Tower of London. The reason whereof was this that after together what was resolved in the the court was possessed, it was necessary to givo Being demanded,
farther saith, that Sir Christopher Blunt not at this consultation, but that he stayed advised with lord himself about other
Sunday,
points
some four or five days be was the eighth of February,
Littleton
came
in towards the end.
my
The
named ] He saith, reputation to the action, by having such a jihire Davers was appointed to the pre to bridle the city, if there should be any mislike sence-chamber, and himself to the hall and that of their possessing the court.
opinions of these four before
that Sir Charles
:
determine himself, who should have guarded the court-gate and the water-gate. And that Sir Charles Davers, upon a signal or a
my
lord
was
to
To the possessing of the court, these circum stances were considered :

First, the Earl of
Essex should have assembled
DECLAUVI inX or THE THEASON OF ROBERT, EARL OF ESSEX.

11
309
the
party;
his noblemen ami irrntlrmen of quality out of which number lit- should have
"ii
presence
chosen so many as should have possessed all the tin ciiurt, where there mi n lit have been places any likrlilmiMl uf resistance which being done,
1
i>f
KEMI-K, nmnsrflur ul lnn\ \Vii.LIAM WAIMAKKE, WILLIAM MARTIN, ROBERT ANDREWS, r///:Mi.s, JOHN TKKVOH, nurnynr if the navy, and THOMAS THORNEY, AM surgeon.
f</"Nic.
He
confesseth
that
the
Karl
of Essex sent
estate according as he had written unto him have had chari; of the outer gate, as he thinketh. before some few days. Sir Charles Daren, this exanimate, with his Being demanded, to what end they went to the company, should have made good the presence, city, to join with such strength as they hoped ur and should have sn/.e.l upon the halberds of the there ? he confesseth it was to secure the Earl of Sir John Davis should have taken charge Essex his life, against such forces as should be guard.
1
with divers noblemen, should have presented himself to the queen. manner how it should have been executed, The was in this sort: Sir Christopher Blunt should
the Karl of
Ks>e\.
the 20th of January, to visit his wife, with letters of compliment, and to require him to come up unto him to London, to settle his
Wiseman, about
of the hall.
given, the earl should have
All this being set, upon a signal come into the court
And being asked. What, sent against him. against the queen s forces? he answered, That
must have been judged afterwards. But being farther asked, Whether he did advise would have sent to have satisfied to come unto the court over night? He saith, No ; They the city, and have called a parliament. for Sir Ferdinando Gorge did assure, that tnc These were the resolutions set down by the alarm was taken of it at the court, and the guards Earl of Essex of his own hand, after divers con doubled. sultations. Being asked, whether he thought any prince He saith, Cuffe was ever of opinion, that the could have endured to have any subject maKe to the the Earl of Essex should come in this sort city his mediator? or gather force to speak court. CHARLES DAVERS. for him ? He saith, he is not read in stories of
he
saith,
with his company. Being asked, what they would have done after 1
Exam,
per THO. EGERTON, C. S.
THO. BUCKHURST, NOTTINGHAM,

G. Ht NSDON, Ro. CECIL.
former times ; but he doth not know but thac in former times subjects have used force for tneir
mediation.
Being asked, what should have been done oy any of the persons that should have been removed from the queen? He answered, that he never The second confession of Sir CHARLES DAVERS, found my lord disposed to shed blood; but mat taken the same day, and set down upon farther any that should have been found, should have nta
under his own calling himself to remembrance, indifferent trial. hand, before Sir THO. EGERTON, Lord Keeper of Being asked upon his conscience, whethei Uie the Great Seal; Lord BUCKHURST, Lord High Earl of Essex did not give him comfort, thai it ne Treasurer; the Earl of NOTTINGHAM, Lord came to authority, there should be a toleration for High Admiral i Sir ROBERT CECIL, principal been to religion? He confesseth, he should have
Secretary.
blame to have denied it. Some points of the articles which my Lord of CHRISTOPHER BLUNT. Essex sent unto Drury House, as near as I can This was read unto Sir Christopher Blunt, and remember, were these; whether both the court and the Tower should be both attempted at one afterwards signed by him in the presence of us time? if both, what numbers should be thought who are under written ROB. ANDREWS the court alone, what Jo. HERBERT, requisite for either? if Jo. TREVOR, NIC. KEMPE, 1 what persons 1 places should be first possessed by TH. THORNEY. WIL. WAIMARKE, were not to come into the And for those which WIL. MARTIN, where and in what sort court
:
beforehand,
in
they
might assemble themselves, with

to
least suspicion,
come
"
with
it
my
lord
?
fit
\\
bother
were not
for
of the p incipcil persons, to coats?
and some be armed with privy
my
lord,
CHARLES DAVERS.
Knowle4ged in the presence of THO. BUCKHURST, THO. EGERTON, C. S. ROBERT CECIL. NOTTINGHAM,
The second confession of Sir CHRISTOPHER BLUNT, the 18/A of February taker, Ihe same day, viz. second Secretary of before Mr. JOHN HERBERT, Estate, and sttbscribed by him in the presence of NICHOLAS KEMPE, counsellor at law, THOMAS THORNEY, his surgeon, and WILLIAM MAPXZN, ROBERT ANDREWS, and RANDOLPH BULL, citi
.
zens.
The
first confession
of Sir
CHRISTOPHER BLUNT,
Estate,
examined
Vo,
II.
the 18/A of
4-r
February, 1GOO, before Jo.
confession, being
Sir Christopher Blunt, after the signing of this told, that he did not deal
HERBERT, second Secretary of
and in
the
himself by his former weakness, plainly, excused
370
DECLARATION OF THE TREASON OF ROBERT EARL OF ESSEX.

,
putting us in
mind
that he said once before, that
any particular cause of grief against any persoe
when he was able to speak, he would tell all whatsoever, it should be heard, and they should truth, doth now confess; That four or five days have justice. hefore the Earl of Essex did rise, he did set down Hereupon the Earl of Essex with a very lo.id certain articles to be considered on, which he voice declared, That his life was sought, and that Raw not, until afterwards he was made acquainted he should have been murdered in his bed that he with them, when they had among themselves had been perfidiously dealt with; that his hand
;
has been counterfeited, and letters written in hia Tower of Lon name; and that, therefore, they were assembled don should be taken ? there together to defend their lives; with much Another, whether they should not possess the other speech to like effect. Hereupon the lord court, and so secure my lord, and other men, to chief justice said unto the earl, That if they had
disputed: which were these. One of them was, whether the
come
queen 1 concerning the Tower, he did not like it; concluding, that he that had the power of the queen, should have that.
any such matter of grief, or if any such matter were attempted or purposed against him, he willed the earl to declare it, assuring him that it should be truly related to her majesty, and that it He confesseth that upon Saturday night, when should be indifferently heard, and justice should Mr. Secretary Herbert had been with the earl, and be done whomsoever it concerned.
For the
first
to the
that he
it
in vain to attempt the court,
saw some suspicion was taken, he thought and persuaded him
To
this the Earl of
Southampton objected the
rather to save himself by flight, than to engage himself farther, and all his company. And so
the resolution of the earl
in hope, as there.
grew
to
go into the
city,
he said before,
to find
many
friends
He
speak of his purpose
doth also say, that the earl did usually to alter the government.
made upon him by the Lord Gray. Whereunto the lord chief justice said, That in his case justice had been done, and the party impri soned for it. And hereupon the lord keeper did eftsoons will the Earl of Essex, that whatsoever private matter or offence he had against any person whatsoever, if he would deliver it unto them, they
assault
Exam,
per Jo.
CHRISTOPHER BLUNT. HERBERT.
Subscribed in the presence of NIC. KEMPE, W. MARTIN,
would faithfully and honestly deliver it to the s majesty, and doubted not to procure him honourable and equal justice, whomsoever it vsncerned; requiring him, that if he would not declare it openly, that he would impart it unto them pri
queen
vately,
THO. THORNEY, ROB. ANDREWS.
RANDOLPH BULL.
and doubted not but they would

it.
satisfy
him
in
Upon
The declaration of the Lord Keeper, the Earl of WORCESTER, and the Lord Chief Justice of Eng
land.
this there
amongst
you lose
was a great clamour raised the multitude, crying, "Away, my lord,
they abuse you, they betray you, they undo you, time." Whereupon the lord keeper
Upon Sunday, being
the 8th of February last
Wor stand your griefs ; and I command you all upon William Knolles, comptroller of her your allegiance, to lay down your weapons, and majesty s household, and the Lord Chief Justice to depart, which you ought all to do, being thus of England being commanded by direction from commanded, if you be good subjects, and owe the queen s majesty, did repair to the late Earl of that duty to the queen s majesty which you pro Essex his house, and finding the gate shut against fess." Whereupon they all brake out into an them, after a little stay they were let in at the exceeding loud shout and cry, crying, All all wicket: and as soon as they were within the all!" and all And whilst the lord keeper was speaking, and gate, the wicket was shut upon them, their servants kept out. commanding them upon their allegiance, as is At their coming thither they found the court before declared, the Earl of Essex, and the most full of men assembled together in very tumultu part of that company did put on their hats, and so ous sort; the Earls of Essex, Rutland, and South the Earl of Essex went into the house, and the ampton, and the Lord Sandys, Mr. Parker, com lord keeper, &c., followed him, thinking that his monly called Lord Montegle, Sir Christopher purpose had been to speak with them privately, Blunt, Sir Charles Davers, and many other as they had required. And, as they were going, Kill knights and gentlemen, and other persons un some of that disordered company cried, known, which flocked together about the lord them." And as they were going into the great And thereupon the lord keeper chamber, some cried, Cast the great seal out at keeper, &c. Kill Some other cried there, told the Earl of Essex, that they were sent from the window." and some other said, her majesty to understand the cause of this their them Nay, let us shop assembly, and to let their, know, that if they had them up."
cester, Sir
"
past, about ten of the clock in the forenoon, the Lord Keeper of the Great Seal, the Earl of
My put on his hat, and said with a loud voice, lord, let us speak with you privately, and under
"
"
"
"
"
;"
ni:ci.
\UATION or
iliil
TIM-;
to
TREASON OF ROBERT, KARL OF ESSEX.

of
the Karl of
sii
371
The
Essex
still
lord keeper
to
ot len
r.ill
the Karl
Essex did intend
to
make
his forces
speak with them
privately,
thinking
ihe earl
that his
meaning
h.id liren so, until
brou if hi them into his h.u-k chamber, and tin re door of that chamber tfave order to have tin- farther
shut
fast.
And
at his
going
forth out of that
majesty should not be able tu resist him in the revenge of his enemies. And saith, That the Earl of Essex was most inward with the Earl of Southampton, Sir Christopher Blunt, and others; who have of long time showed
.strong, thiil her
upon his guard: and saith, That when the Karl go into London, and take order with thu of Essex was talking with the lord keeper, and mayor and sheriffs for the city, and will be here other the lords sent from her majesty, divers said, again within this half-hour;" and so departed My lord, they mean to abuse you, and you lose from the lord keeper, &C M leaving the lord keeper, time." And when the earl came to sheriff &c., and divers of the gentlemen pensioners in Smith s, he desired him to send for the lord that chamber, guarded by Sir John Davis, Francis mayor that he might speak with him ; and as the Tresham, and Owen Salisbury, with musket shot, earl went in the streets of London, this examinate where they continued until Sir Ferdinando Gorge said to divers of the citizens, that if they would came and delivered them about four of the clock needs come, that it was better for their safety to come with weapons in their hands and in the afternoon. In the mean time, we did often require Sir saith, That the Earl of Essex, at the end of the John Davis, and Francis Tresham, to suffer us street where sheriff Smith dwelt, cried out to the to depart, or at the least to suffer some one of us citizens, that they did him harm, for that they to go to the queen s majesty, to inform her where came naked; and willed them to get them But they weapons; and the Earl of Essex also cried out and in what sort we were kept.
"
keeper pressing again to have spoken with the Karl of Essex, the earl said, My lords, be patient a while, and stay here, and
eh. miller, the lord
I
themselves discontented, and have advised the Earl of Essex to take other courses, and to stand
will
"
answered, That
Essex,
h;id
my
lord,
meaning the Earl of
should not de part before his return, which, they said, would be
that
commanded
we
very shortly.
return, they first resolved to have made a sally The examination of ROGER, Earl of RUTLAND, out; and the earl said, that he was determined to die and yet in the end they changed their opinion, the 12th of February, 1600, taken before Sir THOMAS EGERTON, Lord Keeper of the Great and yielded and saith, That the Earl of South ampton, Sir Christopher Blunt, and Sir John seal t the Lord BUCKHURST, Lord High Treasu Davis, advised the Earl of Essex, that the lord rer the Earl of NOTTINGHAM, Lord High Admi and his company should be detained and ral; Sir ROBERT CECIL, principal Secretary,- and keeper this examinate saith, That he heard divers there Sir Jo. POPHAM, Lord Chief Justice of England, and saith, present cry out, Kill them, kill them He saith, that at his coming to Essex House That he thinketh the Earl of Essex intended, of the city, on Sunday morning last, he found there with the that after he had possessed himself Earl of Essex, the Lord Sandys, and the Lord he would entreat the lord keeper and his company Chandos, and divers knights and genilemen. to accompany him to the court. He saith, he And the Earl of Essex told this examinate, that heard Sir Christopher Blunt say openly, in the his life was practised to be taken away by the presence of the Earl of Essex and others, how Lord Cobham, and Sir Walter Raleigh, when he fearful, and in what several humours they should was sent for to the council; and the earl said, find them at the court, when they came thither. RUTLAND. that now he meant by the help of his friends to defend himself: and saith, that the detaining of Exam, Ro. CECIL, per TH. EGERTON, C. S. the lord keeper and the other lords sent to the Jo. POPHAM T. BUCKHURST, earl from the queen, was a stratagem of war; NQTTINGHAM, and saitn, That the Earl of Essex told him that London stood for him, and that sheriff Smith had The confession of WILLIAM, ford SANDYS, of the parish of Sherborne-Cowdry, in the county f given him intelligence, that he would make as Southampton, taken this 16th of February, 1600, many men to assist him as he could ; and farther Lord Chief Justice the Earl of Essex said, that he meant to possess before Sir JOHN POPHAM,
;
:
THOMAS EGERTON, C. S. EDWARD WORCESTER, JOHN POPHAM.
crown of England was and saith, That the earl burned divers papers that were in a little casket, whereof one was, as the earl said, a and saith, That when history of his troubles they were assaulted in Essex House, after their
to the citizens, that the
offered to be sold to the Infanta:
"
:"
,-
ROGER WILBRAHAM, Master of the liequests ; himself of the city, the better to enable himself 1 and EDWARD COKE, her majesty ! Attorney to revenge him on his enemies, the Lord Cobham, General. Sir Rober* Cecl, and Sir Walter Raleigh. And this examinate confesseth, That he resolved to He saith, That he never understood that the live and die with the Earl of Essex; and that earl did mean to stand upon his streng-th till Suu-
372
s jesty s serjeant; and FR. BACON, of her majesty day in tie morning, being the 8th-of this instant learned counsel. February and saith, that in the morning of that * At the sheriff s house this examinate of pressed day this examinate was sent for by the Earl Essex about six or seven of the clock and the in with the rest, and found the earls shifting his servant Warburton, who themselves in an inner chamber, where he heard earl sent for him by was married to a widow in Hampshire. And at my Lord of Essex certify the company, that he his coming to the earl, there were six or seven had been advertised out of Ireland, which he not what would not now hide from them, that the realm gentlemen with him, but rememberelh of a nobleman, came should be delivered over to the hands of the they were; and next after, my Lord Chandos, and after him came the Earl Infanta of Spain, and that he was wished to look of Southampton, and presently after the Earl of to it ; farther, that he was to seek redress for Rutland, and after him Mr. Parker, commonly injuries; and that he had left at his house for called the Lord Montegle: and saith, That at his pledges, the lord keeper, the Earl of Worcester, coming to the Earl of Essex, he complained that Sir William Knolles, and the lord chief justice, EDW. CROMWELL. it was practised by Sir Walter Raleigh to have murdered him as he should have gone to the lord Exam< P OPH AM, CHR. YELVERTON, per j tieasurer s house with Mr. Secretary Herbert. pR g And saith, that he was present in the court-yard Sir CHRISTOPHER BLUNT, knight, at the time of hit of Essex House, when the lord keeper, the Earl
:
!
ACON<
of Worcester, Sir William Knolles, and the lord chief justice, came from the queen s majesty to the Earl of Essex; and the lord chief justice required the Earl of Essex to have some private
arraignment^ did openly at the bar desire to speak with the lord admiral and Mr. Secretary.
before
whom
the
he
made
this confession
following ;
conference with him; and that if any private wrongs were offered unto him, that they would make true report thereof to her majesty, who,
Earl of SOUTHAMPTON confirmed afterwards, and he himself likewise at his death.

which
He
confesseth, that at the castle of Dublin, in
That
no doubt, would reform the same: and saith, this examinate went with the earl, and the rest of his company, to London, to Sheriff Smith s, but went not into the house with him, but stayed in the street a while ; and being sent for by the Earl of Essex, went into the house, and from thence came with him till he came to Ludgate; which place being guarded, and resistance being made, and perceived by the Earl of Essex, he said unto his company, "Charge;" and there upon Sir Christopher Blunt, and others of his company gave the charge, and being repulsed, and this examinate hurt in the leg, the earl retired with this examinate and others to his house called Essex House. And on his retire, the earl said to this examinate, That if sheriff Smith did not his part, that his part was as far
;
that lodging which was once the Earl of South ampton s, the Earl of Essex purposing his return
into
England, advised with the Earl of South
ampton and himself, of his best manner of going into England for his security, seeing to go he was
resolved.
At that time he propounded his going with a competent number of soldiers, to the number of two or three thousand, to have made good his first landing with that force, until he could have drawn unto himself a sufficient strength to have
proceeded farther.
From
ruin,
this
purpose this examinate did nse
all
forcible persuasions, alleging not only his
own
which should follow thereof, and all those which should adhere to him in that action; but urging it to him as a matter most foul, because he was not only held a patron of his country, which moved him to by this means he should have destroyed but also which forth as the earl s own And when the should have laid upon himself an irrevocable blot, think that he trusted to the city. earl was, after his retire, in Essex House, he having been so deeply bound to her majesty. To took an iron casket, and broke it open, and burned which dissuasion the Earl of Southampton also divers papers in it, whereof there was a book, as inclined. he taketh it, and said, as he was burning of This design being thus dissuaded by them, and them, that they should tell no tales to hurt his then they fell to a second consideration friends: and saith, That the earl said, that he therein this examinate confestteth, That he rather black bag about his neck that should tell advised him, if needs he would go, to take with had a WILLIAM SANDYS. no tales. him some competent number of choice men. He did not name unto him any particular power Exam, per Jo. POPHAM, ROGER WILBRAHAM, that would have come to him at his landing, but * This examination, ai appeareth hy ilie date, was taken EDW. COKE.
; :
I
after Essex s
,
amis-nun -nt.
iit
is
insert.
(I.
to
show how
the
7th of March, IbOO, by Sir J. PoPHAM, Lord her maChief Justice; CHRIST. YELVERTON,
SmUn
with
this latter
nouee he sai.l he was advertised ot.t of Ireland: concur many other examinations.
DECLARATION oF THE
assured himself
th.it
1
TKE.\M).\ OF ROHKRT,
E\KL OF
E.vsKX.
quickly increase.
army would have been hy .ill sort* of dttOMtMttad

his
I
people. lie did confess before his going, That he was assured that many of the rebels would be advised
protest before God, unlil he came into Ireland, other tlr.in 1 might conceive, that he was of an Hut when I ambitious and discontent) il mind.
lay at the custle of
Thomas
Lee, called Keban, in

cjf
Ireland, grievously hurt, and doubted
my
lite,
by him, but named none
in particular.
he came to visit me, and then began to acquaint me with his intent.
[As he thus spake, the sheriff began to inter Hut rupt him, and told him the hour was past. TINGHAM, Lord High Admiral; Sir ROBERT my Lord Gray, and Sir Walter Raleigh, captain CECIL, principal Secretary; and Mr. JOHN 1 1 HU of the guard, called to the sheriff, and required BERT, second Secretary of Estate. him not to interrupt him, but to suffer him quietly Sir ChrisSir Christopher Blunt being hurt, and lying to finish his prayers and confessions. ia the castle of Dublin, in a chamber which had topher Blunt said, Is Sir Walter Raleigh there] been mine, the Earl of Essex one day took me Those on the scaffold answered, Yea. To whom thither with him, where being none but we three, Sir Christopher Blunt spake on this manner:] Sir Walter Raleigh, I thank God that you are he told us, He found it necessary for him to go into England, and thought it fit to carry with him present: I had an infinite desire to speak with
as
The examination of the Karl of SOUTHAMPTON after his arraignment,- taken before the Earl of NOT
much
of the
army as he could conveniently you,

the
to
ask you forgiveness ere

for
:
died, both for
transport, to go on shore with him to Wales, and there to make good his landing with those, till he
could send for more
not doubting but his army would so increase in a small time, that he should be able to march to London, and make his condi
;
particular ill I beseech intent towards you you forgive me. Sir Walter Raleigh answered, That he most
wrong done you, and
my
willingly forgave him, and besought God to for give him, and to give him his divine comfort:
protesting before the Lord,
tions as he desired.
project I answered, That I held it altogether unfit, as well in respect of his con science to God, and his love to his country, as
his duty to his sovereign, of he, of all men, ought to have greatest regard, seeing her majesty s favours to him had been so extraordinary : where
fore
I could never give any consent unto it. Sir Christopher Blunt joined with me in this opinion.
To which
That whatsoever Sir Christopher Blunt meant towards him, for his he never had any ill intent towards him and part
:
which
farther said to Sir Christopher Blunt, I pray you without offence let me put you in mind that
"
you have been esteemed, not only a principal provoker and persuader of the Earl of Essex in al!
his undutiful courses, but especially an adviser in that which had been confessed of his purpose
to transport a great part of her majesty s army out of Ireland into England, to land at Milford, and
Exam,
per
J.
NOTTINGHAM, HERBERT.
Ro. CECIL,
The
speech of Sir CHRISTOPHER BLUNT, at the time of his death, as near as it could be remembered,
thence to turn it against her sacred person. You shall do well to tell the truth, and to satisfy the
world."
To which
he answered thus:
March
18, 1600.
My lords, and you that be present, although I must confess, that it were better fitting the little time I have to breathe, to bestow the same in asking God forgiveness for my manifold and abominable sins, than to use any other discourse, the scaffold.] When I was brought from Reban to Dublin, especially having both an imperfection of speech, and, God knows, a weak memory, by reason of my and lodged in the castle, his lordship and the late grievous wound: yet, to satisfy all those that Earl of Southampton came to visit me and to be are present, what course hath been held by me in short, he began thus plainly with me That he this late enterprise, because I was said to be an intended to transport a choice part of the army instigator and setter on of the late earl, I will of Ireland into England, and land them in Wales, truly, and upon the peril of my soul, speak the at Milford or thereabouts; and so securing his truth. descent thereby, would gather such other forces It is true, that the first time that ever I under as might enable him to march to London. To stood of any dangerous discontentment in my which, I protest before the Lord God, I mane this Lord of Essex, was about three years ago, at or the like answer: That I would that night con Wanstead. upon his coming one day from Green- sider of it; which I did. wioh. At that time he spake many things unto And the next day the earls came again I told me, but descended into no particulars, but in them, That such an enterprise, ns it was most general terms. dangerous, so would it cost much blood, as I After which time he never brake with me in coul.l not like of it besides many hazards, which matter tending to the alteration of the state, I at this time I cannot remember unto any you. neithei
;
:
you will give me patience, I will deliver a truth, speaking now my last, in the presence of God, in whose mercy I trust. [And then he directed himself to my Lord Gray and my Lord Compton, and the rest that sat on horseback near
Sir, if
21
374
DECLARATION OF THE TREASON OF ROBERT, EARX OF ESSEX.
come to him, as well to deliver his knowledge of it. But I rather ad vised him to go over himself with a good train, and make sure those treasons, which he had formerly denied at of the court, and then make his own conditions. the bar, as also to recommend his humble anc And although it be true, that, as we all pro earnest request, that her majesty would be pleased, tested in our examinations and arraignments, we out of her grace and favour, to suffer him to never resolved of doing hurt to her majesty s per die privately in the Tower; he did marvelkus son, for in none of our consultations was there earnestly desire, that we would suffer him to set down any such purpose; yet, I knew, and speak unto Cuffe, his secretary: against whom must confess, if we had failed of our ends, we he vehemently complained unto us, to have been should, rather than have been disappointed, even a principal instigator to these violent courses have drawn blood from herself. -From hencefor which he had undertaken. Wherein he protested, ward he dealt no more with me herein, until he that he chiefly desired that he might make it ap was discharged of his keeper at Essex House. pear that he was not the only persuader of those And then he again asked mine advice, and dis great offences which they had committed but
will the time permit
;
puted the matter with me; but resolved not. I went then into the country, and before he sent for
that Blunt, Cuffe,
Temple, besides those other
persons
who were
to
me, which was some ten days before his rebellion, And then he I never heard more of the matter. wrote unto me to come up, upon pretence of mak some assurances of land, and the like. I will ing
confessions, given to that honourable lord admiral, and worthy Mr. Secre tary, to whom I beseech you, Sir Walter Raleigh,
Drury House,
at the private conspiracy at which, though these three were
not called, yet, they were privy, had most mali cious and bloody purposes to subvert the state and
government: which
vented,
if
could
not have been pre
leave the rest unto
my
his project had gone forward.
commend me
I can requite their favourable and ; charitable dealing with me, with naught else but And I beseech God of his ray prayers for them.
This request being granted him, and Cuffe brought before him, he there directly and vehe mently charged him and among other speeches used these words: "Henry Cuffe, call to God for mercy, and to the queen, and deserve it by
;
law, with God and the world and must needs say most this to you You have been one of the chiefest willingly embrace and hope that God will have instigators of me to all these my disloyal courses mercy and compassion on me, who have offended into which I have fallen." him as many ways as ever sinful wretch did. I Testified by THO. EGERTON, C. S. have led a life so far from his precepts, as no THO. BUCKHURST, sinner more. God forgive it me, and forgive me NOTTINGHAM, my wicked thoughts, my licentious life, and this Ro. CECIL. right arm of mine, which, I fear me, hath drawn
:
mercy, to save and preserve the queen, who given comfort to my soul, in that I hear she forgiven me all, but the sentence of the which I most worthily deserved, and do
;
hath
hath
declaring truth. For I, that must now prepare for another world, have resolved to deal clearly
blood in this last action. And I beseech you all bear witness, that I die a Catholic, yet so, as I
to be saved only by the death and passion of Christ, and by his merits, not ascribing any
hope
The Earl of Essex his confession to three ministers, whose names are underwritten, the 25/A of Ftbruary, 1600.
The late Earl of Essex thanked God most you are all good people, and your prayers may profit me. heartily, that he had given him a deeper insight Farewell, my worthy Lord Gray, and my Lord into his offence, being sorry he had so stood upon his justification at his arraignment, for he was Compton, and to you all; God send you both to live long in honour. I will desire to say a few since that become another man. He thanked God that his course was so pre prayers, and embrace my death most willingly.
thing to mine
own works.
And
I trust
With
that he turned from the
rail
towards the
vented
realm.
for if his project
executioner; and the minister offering to speak with him, he came again to the rail, and besought Viat his conscience might not be troubled, for he
knows, said he, what harm
had taken effect, God it had wrought in the
He humbly thanked her
majesty, that he should
was
resolved
which he desired
for
God
s sake.
Whereupon commandment was given, that the minister should not interrupt him any farther. him.
After which he prepared himself to the block, and so died very manfully and resolutely.
Jin Abstract out of the
die in so private a manner, lest the acclamation of the people might have been a temptation unto
trust in
To which he added, that all popularity and man was vain the experience whereof
;
himself had
felt.
Earl of Essex under his own hand.
confession
acknowledged, with thankfulness to God that he was thus justly spewed out of the realm. He publicly in his prayer and protestation, as
also privately, aggravated the detestation of hi* offence ; and especially in the hearing of them
He
Upon Saturday,
it ter
the late Earl of
the twenty-first of February, Essex had desired us to
\nvi-T.
tlr.it
TO
SIB
<;i:
me;!-:
VII.I.IKRS.
375
were present ,it tin- execution, he r\;io;,r,. rated explained to us, that it was a leprosy Unit had in with four epithets, desiring (iml to forgive him fected far ami near. hi-, Mo, THOMAS MONKIKD, WIU.IAM BARLOW, My, liis crying, ami his infections ABOY ASHTON, his chaplain. sin; which word "infectious" he privately had
it
his great,
ADVICE TO
SIR
GEORGE
VILLIERS,
AFTERWARDS DUKE OF BUCKINGHAM,
WHEN HE BECAME FAVOURITE TO KING JAMES

IN
THE STATION OF PRIME MINISTER.
WRITTEN BY
SIR FRANCIS BACON,
ON THE IMPORTUNITY OF
HIS
PATRON AND FRIEND.
NOBLE SIR, What you
You know,
requested of
am no
courtier, nor versed in state
me by word, when I last

:
affairs
my
life
hitherto hath rather been
contem
waited on you, you have since renewed by your plative than active ; I have rather studied books Your requests are commands unto me than men ; I can but guess, at the most, at these letters. and yet the matter is of that nature, that I find things in which you desire to be advised ; never myself very unable to serve you therein as you theless, to show my obedience, though with the It hath pleased the king to cast an extra hazard of my discretion, I shall yield unto you. desire.
Sir, in the first place,! shall be bold to put you ordinary eye of favour upon you, and you express yourself very desirous to win upon the judgment in mind of the present condition you are in. You
of your master, and not upon his affections only. are not only a courtier, but a bed-chamber man, I do very much commend your noble ambition and so are in the eye and ear of your master; but herein ; for favour so bottomed is like to be last you are also a favourite ; the favourite of the time,
ing
whereas,
if it
dation of personal
long-lived.
be built upon the sandy foun and so are in his bosom also. The world hath so respects only, it cannot be voted you, and doth so esteem of you ; for kings and great princes, even the wisest of them, have had
the blessing of God, to
[*
My lord, when
first
whom,
their friends,
all
place, I know you ascribe your prefer ment, and the king s favour, purchased by your in.the
ages
for
other men.
their favourites, their privadoes, in they have their affections as well as Of these they make several uses ;
noble parts, promising as much as can be expected sometimes to communicate and debate their from a gentleman, had brought you to this high thoughts with them, and to ripen their judgments pitch of honour, to be in the eye and ear, and even thereby; and sometimes to ease their cares by im and you parting them and sometimes to interpose them in the bosom of your gracious master had found by experience the trouble of all men s between themselves and the envy or malice of their confluence, and for all matters, to yourself, as a people; for kings cannot err; that must be dis
: ;
charged upon the shoulders of their ministers; and they who are nearest unto them must be content in general, to give you my poor advice for your to bear the greatest load. [Remember then what carriage in so eminent a place, and of so much your true condition is. The king himself is above danger, if not wisely discharged. Next, in particu the reach of his people, hut cannot be above their / lar, by what means to give despatches to suitors of censures ; and you are his shadow, if either he
mediator between them and their sovereign you
were pleased
to lay this
command upon me
first,
the king s best service, the suitors and your own ease. I humbly return you mine opinion in both these, such as a her mit, rather than a courtier can render.] Yet in this you have erred, in applying your self to me, the most unworthy of your servants, to
all sorts, for
satisfaction,
error, and is loath to avow it, but excuses upon his ministers, of which you are first in the eye ; or you commit the fault, or have willingly and so porpermitted it, and must suffer for it
commit an
it
haps you
may
be offered a sacrifice
multitude.]
j
But
truly, sir, I
to appease the do not believe or
give assistance upon so weighty a subject.
What
ix
found
in
mttchrts
is
borrowed from the original
edition, published in 4to, 18C1.
eminency out suspect that you of the last of these considerations; for you serve such a master, who by his wi*lom and goodne*a
are chosen to this
376
is
ADVICE TO
SIR
GEORGE
j
VILLIERS.
from the malice or envy of his sub soon find the throng of suitors attend you ; for iv may truly say, ever any king man, almost, who hath to do with the king, wil. upon his throne before him. think himself safe, unless you be his good angel, I am confident his But majesty hath cast his eyes and guide him or at least that you be not a maupon you, as finding you to be such as you should lus genius" against him so that, in respect of the be, or hoping to make you to be such as he would king your master, you must be very wary that have you to be ; for this I may say, without flat you give him true information; and if the matter tery, your outside promiseth as much as can be concern him in his government, that you do not expected from a gentleman ; but be it in the one flatter him if you do, you are as great a traitor
as free
jects, as, I think, I was, who hath sat
"
belongeth to you to take care of to him in the court of heaven, as he that draws his sword against him and in respect of the yourself, and to know well what the name of fa If you be chosen upon the for suitors which shall attend you, there is nothing vourite signifies.
respect or other,
it
:
respects, you have reason to take care of your actions and deportment, out of your gratitude for the king s sake; but if out of the latter, you ought to take the greater care for your own sake. You are as a new-risen star, and the eyes of all men are upon you ; let not your own negligence make you fall like a meteor. [Remember well the great trust you have un
; you are as a continual sentinel, always to stand upon your watch to give him true intel
mer
you more honour and more ease, than to do them what right in justice you may, and with as much speed as you may for, believe it, sir, next to the obtaining of the suit, a speedy and
will bring
:
gentle denial,
the
when
;
the case will not bear

:
it,
is
most acceptable to suitors they will gain by their despatch whereas else they shall spend their time and money in attending, and you will
dertaken
If you flatter him, you betray him if ligence. you conceal the truth of those things from him which concern his justice or his honour, although
;
not the safety of his person, you are as danger ous a traitor to his state, as he that riseth in arms against him. than an open
false friend is
:
more dangerous
;"
enemy kings are styled gods upon and earth, not absolute, but "Dixi, Dii estis sed moriemini sicut homi the next words are,
"
they shall die like men, and then all their thoughts perish. They cannot possibly see all
nes
;"
you will find in being rid of But if they obtain what they reasonably desired, they will be doubly bound to you for your favour; "Bis dat qui cito dat," it multiplies the courtesy, to doit with good words and speedily. That you may be able to do this with the best advantage, my humble advice is this; when suit ors come unto you, set apart a certain hour in a day to give them audience: if the business be light and easy, it may by word only be delivered, and in a word be answered but if it be either of
;
gain, in the ease their importunity.
weight or of
it
difficulty, direct the suitor to
commh
things with their

their
own ears
own eyes, nor hear all things with they mustcommit many great trusts
Kings must be answerable
to to
to writing, if it be not so already, and then direct him to attend for his answer at a set tiim
to their ministers.
God Almighty,
their actions,
whom
and
for their
they are but vassals, for negligent omissions

:
be appointed, which would constantly b observed, unless some matter of great momem
to
but the ministers to kings,
hands they
are,
whose eyes, ears, and must be answerable to God and
man
is
for the
their trusts,
breach of their duties, in violation of whereby they betray them. Opinion

:
a master wheel in these cases

at his
that courtier who
obtained a boon of the emperor, that he might every
morning
coming
into his presence
humbly
whisper him in the ear and say nothing, asked no unprofitable suit for himself: but such a fancy them into several files, according to the subject raised only by opinion cannot be long-lived, unless matter, make choice of two or three friends, the man have solid worth to uphold it otherwise, whose judgments and fidelities you believe you when once discovered it vanisheth suddenly. But may trust in a business of that nature; and re when a favourite in court shall be raised upon the commend it to one or more of them, to inform you foundation of merits, and together with the care of of their opinions, and of their reasons for or
;
do interrupt it. When you have received the petitions, and it will please the petitioners well, to have access unto you to deliver them into your own hand, let your secretary first read them, and draw lines under the material parts thereof; for the matter, for the most part, lies in a narrow room. The petitions being thus prepared, do you constantly set apart an hour in a day to those petitions ; and after you have ranked peruse
to the king, shall give good de spatches to the suitors, then can he not choose hut prosper.] The contemplation then of your present condi
doing good service
And if the matter be against the granting of it. of great weight indeed, then it would not be
amiss
to
send several copies of the same petition to
must necessarily prepare you for action: what time can be well spared from your atten dance on you master, will be taken up by suit
tion
several of your friends, the one not knowing what the other doth, and desire them to return their answers to you by a certain time, to be prefixed,
"tin
ors
whom
reproach.
in writing; so shall you receive an impartial r, you cannot avoid nor decline without answer, and by comparing the one with the For if you do not already, you will as out of responsa prudentium," you shall boll
"
ADVICE TO MU (.KORGE VILL1KRS.

discern
the abilities
377
and
faithfulness
of your
j
as an oracle.
;l judgment thereupon But by no means trust to your own whence we are called Protestants; and the Ana -.done lor no man is omniscient: nor baptists, and separatists, and sectaries on the judgment trust only to your servants, who may mislead y u other hand, whose tenents are full of schism, and
;
friend^, and be aide to give
are inconsistent with the truth of religion pro fessed and protested by the Church of England,
misinform you; by which they may perhaps gain a few crowns, but the reproach will lie upon yourself, if it be not rightly carried.
or
monarchy for the regulating of either, there needs no other coercion than the due execution of the laws already established by
:
inconsistent with
For the facilitating of your despatches, my is farther, that you divide all the petitions, and the matters therein contained, under several heads: which, I conceive, may be fitly ranked
advice
into these eight sorts. I. Matters that concern religion,
parliament,] 3. For the discipline of the Church of England by bishops, &c., I will not positively say, as some do, that it is "jure divino;" but this I say
and churchmen.
II.
Matters concerning justice,

thereof.
and think "ex animo," that it is the nearest to and the church apostolical truth; and confidently I shall say, it I will use is fittest for monarchy of all others. and the laws, no other authority to you, than that excellent pro
clamation set out by the king himself in the
first
and the professors
III. Councillors, and the council table, and the great offices and officers of the kingdom.
year of his reign, and annexed before the book of
; and you IV. Foreign negotiations and embassies. if at any time there shall be the least motion V. Peace and war, both foreign and civil, and made for innovation, to put the king in mind to in that the navy and forts, and what belongs to read it himself: it is most dangerous in a state, them. to give ear to the least alteration in government. the discipline VI. Trade at home and abroad. [If any attempt be made to alter VII. Colonies, or foreign plantations. of our church, although it be not an essential part VIII. The court and curiality. of our religion, yet, it is so necessary not to be And whatsoever will not fall naturally under rashly altered, as the very substance of religioc one of these heads, believe me, sir, will not be will be interested in it: therefore, I desire you, worthy of your thoughts, in this capacity, we now before any attempt be made of an innovation by speak of. And of these sorts, I warrant you, you your means, or by any intercession to your mas will find enough to keep you in business. ter, that you will first read over, and his majesty call to rnind that wise and weighty proclamation, I begin with the first, which concerns religion. which himself penned, and caused to be published 1. In the first place, be you yourself rightly in the first year of his reign, and is prefixed in
Common
Prayer, which
desire
to read
persuaded and settled in the true Protestant reli gion, professed by the Church of England ; which doubtless is as sound and orthodox in the doctrine thereof, as any Christian church in the world. [For religion, if any thing be offered to you touching it, or touching the church, or church men, or church government, rely not only upon yourself, but take the opinion of some grave and eminent divines, especially such as are sad and discreet men, and exemplary for their lives.] 2. In this you need not be a monitor to your gracious master the king: the chiefest of his im perial 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,
print before the book of Common Prayer, of that impression, in which you will find so prudent, so
weighty reasons, not to hearken to innovations, as will fully satisfy you, that it is dangerous to give the least ear to such innovators ; but it is
and to settle desperate to be misled by them your judgment, mark but the admonition of the
:
wisest of men, King Solomon, Prov. xxiv. 21. My son, fear God and the king, and meddle not
"
with those who are given to change."] 4. Take heed, I beseech you, that you be not an instrument to countenance the Romish Catho lics. I cannot flatter, the world believes that
some near
persuasion
in blood to
;
and you are safe in that. according to kin, and so a friend [If any question be moved concerning the doc trine of the Church of England expressed in the errors.
thirty-nine articles, give not the least ear to the movers thereof: that is so soundly and so ortho-
you are too much of that you must use them with fit respects, the bonds of nature; but you are of
to their
persons, not to their
doxly settled, as cannot be questioned without extreme danger to the honour and stability of our religion; which hath been sealed with the blood of so many martyrs and confessors, as are famous The enemies and through the Christian world. undenniners thereof are the Romish Catholic, so the one hand, whose tenets styling themselves, on VOL. II. 48
5. The archbishops and bishops, next unde: the king, have the government of the church and be not you he mean to ecclesiastical affairs
:
to those places for any by-respects , but only for their learning, gravity, ana worth. their lives and doctrine ought to be exemplary.
prefer
any
6. For deans, and canons or prebends ot cathedral churches; in their first ii stitution they were of great use in the church ; they were not
378
ADVICE TO SIR GEORGE VILUERS.

fession
to
;
only to be of counsel with the bishop for his revenue, but chiefly for his government in causes ecclesiastical: use your best means to prefer such
to
hut this
in the
may
truly say,
They
are second the world
none
Christian world,
l
[They
arc the
st, tin
rijuiillrst in
those places
who
are
fit
for that purpose,
men between
eminent for their learning, piety, and discretion, and put the king often in mind thereof; and let best liberty
prince and people; by which tut- xin^ hath the justest prerogative, and the people the
;
"
and
it
at
them be reduced again
to their first institution.
deviation,
sionis."]
Hominis
any thm- there be an unjust est vilium, non prcfes-
7. You will be often solicited, and perhaps importuned to prefer scholars to church living: yiu may further your friends in that way, "caeteris otherwise remember, I pray, that these paribus
;"
are not places merely of favour; the charge of souls lies upon them; the greatest account whereof will be required at their own hands ; but
And as far as it may lie in you, let no arbipower be intruded : the people of this kinglove the laws thereof, and nothing will oblige them more, than a confidence of the free enjoying
2.
trary
dom
of them; what the nobles upon an occasion once

said
in
parliament,
is
"i\olumus
leges
they will share deeply in their faults instruments of their preferment.

8.
who
are the
mutare,"
imprinted in the hearts of
Anglise all the
people.
is
Besides the Romish Catholics, there
a
j
generation of sectaries, the Anabaptists, Brownists, and others of their kinds; they have been
several times very busy in this kingdom, under the colour of zeal for reformation of religion : the
3. But, because the lire of the laws lies in the due execution and administration 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 profes
;
king your master knows their disposition very

well
;
a small touch will put him in mind of them
he had experience of them in Scotland, I hope he will beware of them in England; a little ment: and, to sum up all, they must have these countenance or connivancy sets them on fire. three attributes ; they must be men of courage, 9. Order and decent ceremonies in the church fearing God, and hating covetousness; an igno are not only comely, but commendable; but there rant man cannot, a coward dares not be a good
patient in hearing, prudent in governing, powerful in their elocution to persuade and satisfy both the parties and hearers; Justin their judg
sion,
must be great care not to introduce innovations, judge. 4. By no means be you persuaded to interpose they will quickly prove scandalous; men are naturally over-prone to suspicion ; the true Protes yourself, either by word or letter, in any cause tant religion is seated in the golden mean ; the depending, or like to be depending in any court
enemies unto her are the extremes on either hand. of justice, nor suffer any other great man to do it 10. The persons of churchmen are to be had in where you can hinder it, and by all means dis due respect for their work s sake, and protected suade the king himself from it, upon the impor from scorn; but if a clergyman be loose and tunity of any for themselves or their friends: if scandalous, he must not be patronized nor winked it should prevail, it perverts justice; but if the at; the example of a few such corrupt many. judge be so just, and of such courage, as he ought 11. Great care must be taken, that the patri to be, as not to be inclined thereby, yet, it always mony of the church be not sacrilegiously diverted leaves a taint of suspicion behind it judges must to lay uses: his majes-ty in his time hath be as chaste as Caesar s wife, neither to be, nor religi ously stopped a leak that did much harm, and to be suspected to be unjust; and, sir, the honour would else have done more. Be sure, as much of the judges in their judicature is the king s
;
as in you
lies,
12. Colleges
stop the like upon all occasions. and schools of learning are to be
cherished and encouraged, there to breed up a new stock to furnish the church and commonwealth
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 kingdom the trial of
:
when the old dom hath in

literature
;
store are transplanted. This later ages been famous for

if
king good
causes between party and party, or delivering of the jails 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
:
and
preferment shall attend the
deservers, there will not

II.
want
supplies.
through which they pass, if that were well thought your care be to pro upon. mote justice. By justice and mercy is the king s 6. For if they had instructions to that purpose, throne established. they might be the best intelligencers to the king 1. Let the rule of justice be the laws of the of the true state of his whole kingdom, of the land, an impartial arbiter between the king and disposition of the people, of their inclinations, of his people, and between one subject and another: their intentions and motions, which are necessary I shall not speak superlatively of them, lest I be to be truly understood. RJisnerted of partiality, in regard to my own pro7. To this end I could wish, that against every
Next
to religion, let
ADVICE TO
circuit
SIR
GEORGE
|
VILLIERS.
for it;
it
t<>
379
satisfy
all the judges should, sometimes by the tin- lord ch.mcelking himself, and sometime-, lor nr lord keeper, in the kind s ILIIIIC. receive
l>v
moneys
it
may
tin-
some
pr<
courtiers, lint
li
is
no honour
killer,
;i
the
person so \vho thus prefers them.
rred, nor to
rh.in.re
nf those things which the present times

rn|iiirr;
did
much
a
and
at their return
should de
how they counties through which they passed, and in which they kept their assi/es.
liver
faith lul
left
account thereof, and
For the kind s counsel at the law, espe cially his attorney and solicitor general, I ne. d say nothing: their continual use for the kill s
II.
found am!
tin-
service, not only for his revenue, hut for parts of his government, will put the
all
r
the
kin<, .
aid
v And tliat. they might the better perform this thoM who love his service, in mind to make work, which mi _r ht he of great importance, it will choice of men every way fit and able for that not be amiss that sometimes this charge he puhlic. employment; they had need to be learned in tlnir as it useth to be in the Star Chamber, at the end profession, and not ignorant in other things; and of the terms next before the circuit begins, where to be dexterous in those affairs whereof the tin- king s care of justice, and the good of his despatch is committed to them. 15. The king s attorney of the court of wards people, may be published ; and that sometimes also it may be private, to communicate to the is in the true quality of the judges; therefore judges some things not so fit to be publicly de what hath been observed already of judges,
livered.
could wish also, that the judges were directed to make a little longer stay in a place than usually they do; a day more in a county
9.
I
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.
would be a very good addition; although their wages for their circuits were increased in propor tion it would stand better with the gravity of their employment; whereas now they are some
:
The like for the attorney of the duchy of Lancaster, who partakes of both qualities, partly of a judge in that court, and partly of an attor
lf>.
ney general for so much as concerns the proper revenue of the duchy.
times enforced to rise over-early, and to sit over17. I must not forget the judges of the four late, for the despatch of their business, to the circuits in the twelve shires of Wales, who, extraordinary trouble of themselves and of the although they are not of the first magnitude, nor people, their times indeed not being "horae juri- need be of the degree of the coif, only the chief dicae;" and, which is the main, they would have justice of Chester, who is one of their number,
the
more
leisure to inform themselves,
"quasi
aliud
10.
ties
agentes,"
The
of the true estate of the country. attendance of the sheriffs of the coun
yet are they considerable in the choice of them, by the same rules as the other judges are; and they sometimes are, and fitly may be trans
is so,
accompanied with the principal gentlemen, planted into the higher courts. 18. There are many courts, as you see, some in a comely, not a costly equipage, upon the judges of assize at their coming to the place of superior, some provincial, and some of a lower their sitting, and at their going out, is not only a orb it were to be wished, and is fit to be so civility, but of use also: it raiseth a reverence to ordered, that every of them keep themselves the persons and places of the judges, who coming within their proper spheres. The harmony of from the king himself on so great an errand, justice is then the sweetest, when there is no
:
should not be neglected. 1 1. If any sue to be made a judge, for my own but if either directly part, I should suspect him or indirectly he should bargain for a place of
:
jarring
about
the
jurisdiction
of the courts;
which methinks wisdom cannot much differ upon, their true bounds being for the most part so clearly known.
"
19. Having said thus much of the judges, rejected with shame; emerat ille prius." somewhat will be fit to put you in mind concern 12. When the place of a chief judge of a court ing the principal ministers of justice and in the becomes vacant, a puisne judge of that court, or first, of the high sheriffs of the counties, which of another court, who hath approved himself fit have been very ancient in this kingdom; I am and deserving, should be sometimes preferred ; it sure before the conquest; the choice of them I would be a good encouragement for him, and for commend to your care, and that at fit times you others hy his example. put the king in mind thereof; that as near as may 13. Next to the judge, there would be care be they be such as are fit for those places: for used in the choice of such as are called to the they are of great trust and power ; the posse degree of sergeants at law, for such they must comitatus," the power of the whole county unto him. be first before they be made judges ; none should being legally committed be made Serjeants but such as probably might he 20. Therefore it is agreeable with the intention held fit to he judges afterwards, when the expe- of the law, that the choice of them should be by rience at the bar hath lilted them for the bench the commendation of the great officers of the therefore hy all me ins cry down that unworthy kingdom, and by the advice of the judges, who
judicature,
let
him
be
Vendere jure
potest,
>
course of late times used,
th.it
they should pay are presumed to be well read
n the rendition of
380
ADVICE TO
SIR
GEORGE VILLIERS.
of peers and
the
the gentry of the whole kingdom: and although t the old the king may do it of himself, way is
y>
(ommons,
as the
memhers; and of
the good way. 21. But I utterly

later times,
the practice of the lately crept into the court, at the back-stairs, that some who are pricked for
condemn
majesty, as the head of that great body: by the king s authority alone, and by his writs, they are assembled, and by him alone are
king
which hath
they prorogued and dissolved; but each
House
may
adjourn
itself.
29. They being thus assembled, are more prosheriffs, and were fit, should get out of the bill; and others who were neither thought upon, nor perly a council to the king, the great council of worthy to be, should be nominated, and both for the kingdom, to advise his majesty in those tilings of weight and difficulty, which concern both the money. 22. I must not omit to put you in mind of the king and people, than a court. 30. No new laws can be made, nor old laws lord lieutenants and deputy lieutenants of the
; |
counties: their proper use is for ordering the military affairs, in order to an invasion from abroad, er a rebellion or sedition at home; good choice
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-
abrogated or altered, but by

I
common
consent, in
parliament, where bills are prepared and present ed to the two Houses, and -then delivered, but
should be
made
masters, and other officers under them, encroach not upon the subject; that will detract much from
the king s service. 23. The justices of peace are of great use. Anciently, there were conservators of the peace;
nothing is conluded but by the king s royal assent; they are but embryos, it is he giveth life unto them. 31. Yet the House of Peers hath a power of
and then
to examine, be cause, to reverse the judgments which have been given in the
judicature in
some cases: properly

;
to affirm
or, if there
court of
King
Bench, which
is
the court of
these are the same, saving that several acts of
parliament have altered their denomination, and

enlarged their jurisdiction in many particulars: the fitter they are for the peace of the kingdom, the more heed ought to be taken in the choice of
highest jurisdiction in the kingdom for ordinary judicature ; hut in these cases it must be done by
writ of error
"in
parliamento:"
"
and thus the rule
them.
24. But, negatively, this I shall be bold to say, that none should be put into either of those com
absoluta potestas," of their proceedings is not as in making new laws, in that conjuncture as limitata potestas," according to the before, but
"
known laws
32.
of the land.
But the House of Commons have only missions with an eye of favour to their persons, to power to censure the members of their own House, in or towards give them countenance or reputation in the places in point of election, or misdemeanors where they live, but for the king s service sake ; that House and have not, nor ever had, power so
;
nor any put out for the disfavour of any great man it hath been too often used, and hath been
:
much
33.
as
to
administer an oath to prepare a
judgment.
true use of parliaments in this king very excellent; and they would be often called, as the affairs of the kingdom shall require ; and continued as long as is necessary and no
is
no good service
25.
to the king.
if
The
word more,
you please
to give
me dom
leave, for the true rules of moderation of justice on the king s part. The execution of justice is
to his judges, which seemeth to be the severer part; but the milder part, which is mercy, is wholly left in the king s immediate hand : and
committed
longer:
for
then they be but burdens
to
the
people, by reason of the privileges justly due to the memhers of the two Houses and their attend
justice and mercy are the true supporters of his ants, which, their just rights and privileges are religiously to be observed and maintained : but royal throne. 26. If the king shall be wholly intent upon if they should be unjustly enlarged beyond their lessen the just power justice, it may appear with an over-rigid aspect; true bounds, they might but he shall be over-remiss and easy, it of the crown, it borders so near upon popularity.
draweth upon him contempt. tice must be made sometimes
Examples of jus
34. All this while
have spoken concerning
for terror to some ; the common laws of England, generally and pro examples of mercy sometimes, for comfort to perly so called, because it is most general and others ; the one procures fear, and the other love. A common to almost all cases and causes, both civil but there is another law, king must be both feared and loved, else he is lost. and criminal
:
27.
The
of,
spoken
ordinary courts of justice I have and of their judges and judicature I

:
which which
is called
is
the civil or ecclesiastical law,
Khali put you in mind of some things touching the high court of parliament in England, which is me to superlative; and therefore it will behoove
some few heads, and that is and although I am a profesnot to be neglected sor of the common law, yet am I so much a lover of truth and of learning, and of my native counconfined to
:
spoak the more warily thereof.

2P.
his
For the
institution of
:
kingdom
it
try, that I do heartily persuade that the professors very ancient of that law, called civilians, because the civil law consisteth of the two Houses, is their guide, should not be discountenanced nor
it, it
is
ADVICE TO SIR GEORGE VILL1KRS.

else,
381
whensoever we
shall
have
counsellors, as there shall he occasion.

sir,
aught
to
do with any foreign king or

profession.
state,
we
will concern
Andthif, you more than others, hy how
shall be at a miserable loss, for
want of learned much you have a

7.
men
in that
And one
thing
larger share in his alVections. I shall he bold to desire yon

:
III.
come now
to the consideration of those state, the
which concern counsellors of
recommend to his majesty that when any new thing shall be propounded to be taken intu cnnsideration, that no counsellor should suddenly
to
council table, and the great offices and officers of deliver any positive opinion thereof: it is not so the kin<Mlnin; which are those who for the most easy with all men to retract their opinions, al
part furnish out that honourable board. 1. Of counsellors there are two sorts : the
though there shall be cause for it: but only to it, and at the most but to break it, at first, that it may be the better understood against the "consiliarii nati," as I may term them, such are the Prince of Wales, and others of the king s next meeting. 8. When any matter of weight hath been de sons, when he hath more, of these I speak not, for they are naturally born to be counsellors to bated, and seemeth to be ready for a resolution; I the king, to learn the art of governing betimes. wish it may not be at that sitting concluded, 2. But the ordinary sort of counsellors are such unless the necessity of the time press it, lest upon out of a due consideration of their second cogitations there should be cause to alter; as the king, worth and abilities, and, withal, of their fidelities which is not for the gravity and honour of that to his person and to his crown, calleth to be of board. council with him in his ordinary government. 9. I wish also that the king would be pleased And the council-table is so called from the place sometimes to be present at that board ; it adds a where they ordinarily assemble and sit together; majesty to it; and yet not to be too frequently and their oath is the only ceremony used to make there ; that would render it less esteemed when it them such, which is solemnly given unto them at is become common besides, it may sometimes their first admission these honourable persons make the counsellors not be so free in their de are from thenceforth of that board and body bates in his presence as they would be in his cannot come until they be thus called, and absence. they the king at his pleasure may spare their attend 10. Besides the giving of counsel, the coun ance ; and he may dispense with their presence sellors are bound by their duties ex vi termini,"
first,
hear
"
there,
which
at their
own
pleasure they
may
not do.
3.
as well as by their oaths, to keep counsel; there de private consilio regis," fore are they called
"
This being the quality of their service, you and secretioribus consiliis regis." 11. One thing I add, in the negative, which is may easily judge what care the king should use in his choice of them. Itbehooveth that they be not fit for that board, the entertaining of private persons of great trust and fidelity, and also of causes of "meumet tuum;" those should be left wisdom and judgment, who shall thus assist in to the ordinary course and courts of justice. 12. As there is great care to be used for the bearing up the king s throne, and of known expe rience in public affairs. counsellors themselves to be chosen, so there is
"a
4.
Yet
it
may
not be unfit to call
some of young of
and so
fit
the clerks of the council also, for the secreting

:
years, to train
them up
in that trade,
of their consultations
and, methinks,
it
were
fit
them
weighty affairs against the time of greater maturity, and some also for the honour of
but these two sorts are not. to be their persons tied to so strict attendance as the others, from
:
for those
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 cop es of the orders of that table be delivered out by the clerks of the council but by the order of the boaul
;
whom
pected.
5. I
the present despatch of business
is
ex-
nor
so over-great, the
could wish that their number might not be persons of the counsellors would be the more venerable: and I know that
any, not being a counsellor, or a clerk of the council, or his clerk, to have access to the council books : and to that purpose, that the servants
attending the clerks of the council be bound to secrecy, as well as their masters, 13. For the great offices and officers of the
Queen Elizabeth,
in
whose time
had the hap-
piness to be born and to live many years, was not BO much observed for having a numerous as a wise
council.
of a privy-counsellor to a king, I conceive, is not only to attend the council-board at the times appointed, and there to consult of what shall be propounded ; but also to study those things which may advance the king s honour
6.
The duty
kingdom, I shall say little; for the most part of them are such as cannot well be severed from th counsellorship and therefore the same rule is to
;
be observed
for both, in the choice of

I
them. In the
set in thov6
general, only,
advise this,
let
them be
and safety, and the good of the kingdom, and to communicate the same to the king, or to his fellow- every
places for which they are probably the most fiu 14. But in the quality of the persons, I conceive it will be most convenient to have some of
sort, as in the
time of Queen Ehzabein
it
382
was
:
ADVICE TO SIR GEORGE VILLIERS.

presumed to be vigilant, industrious, and discreet men, and had the language of the place whither they were sent ; and w tth these were sent such as were hopeful to be worthy of the like employ
one bishop at the least, in respect of ques tions touching religion or church government; one or more skilled in the laws ; some for martial
affairs
: :
and some for foreign affairs by this mixture one will help another in all things that ment at another time. But if that to be moved. 8. Their care was, to give true and timely in shall there happen should fail, it will be a safe way, to consult with telligence of all occurrences, either to the queen some other able persons well versed in that point herself, or to the secretaries of state, unto whom which is the subject of their consultation; which they had their immediate relation. 9. Their charge was always borne by the yet may be done so warily, as may not discover
the
main end
therein.
queen, duly paid out of the exchequer, in such proportion, as, according to their qualities and
I shall
IV. In the next place,

foreign princes or states
;
put you in mind

I shall
of foreign negotiations, and embassies to or with
places, might give them an honourable subsist ence there but for the reward of their service,
:
wherein
be
little
anle to serve you.

1.
the
Only, I will tell you what was the course in happy days of Queen Elizabeth, whom it will nues.
:
it upon their return, by some such preferment as might be*worthy of them, and yet be little burden to the queen s coffers or reve
they were to expect
be no disreputation to follow she did vary, ac cording to the nature of the employment, the qua lity of the persons she employed ; which is a good
rule to
2. If
10.
At
their
going forth they had their general
instructions in writing, which might be commu nicated to the ministers of that state whither they
;
were sent and they had also private instructions go by. it were an embassy of gratulation or cere upon particular occasions: and at their return, which must not be neglected, choice was they did always render an account of some things mony, made of some noble person, eminent in place and to the queen herself, of some things to the body able in purse; and he would take it as a mark of of the council, and of some others to the secreta who made use of them, or commu ries of state favour, and discharge it without any great bur
;
den
to the
queen
s coffers, for his
own honour
sake.
nicated them, as there was cause. 11. In those days there was a constant course
3. But if it were an embassy of weight, con- held, that, by the advice of the secretaries, or some cerning affairs of state, choice was made of some principal counsellors, there were always sent forth sad person of known judgment, wisdom, and ex- into several parts beyond the seas some young and not of a young man not weighed in men, of whom good hopes were conceived of their perience state matters ; nor of a mere formal man, what towardliness, to be trained up, and made fit for
j |
soever his
4.
title
or outside were.
toj
Yet
in
company of such, some young
such public employments, and to learn the lan guages. This was at the charge of the queen,
;
wardly noblemen or gentlemen were usually sent which was not much for they travelled but as also, as assistants or attendants, according to the private gentlemen: and as by their industry their quality of the persons; who might be thereby deserts did appear, so were they farther employed prepared and fitted for the like employment, by or rewarded. This course I shall recommend this means, at another turn. unto you, to breed up a nursery of such public 5. In their company were always sent some plants. grave and sad men, skilful in the civil laws, and some in the languages, and some who had been V. For peace and war, and those things whicn formerly conversant in the courts of those princes, appertain to either I in my own disposition and and knew their ways these were assistants in profes sion am w holly for peace, if please God to
; ;
private, but not trusted to manage the affairs in
public
kingdom therewith, as for many years would detract from the honour of the past he hath done and 1. I presume I shall not need to persuade you principal ambassador. 6. If the negotiation were about merchants af- to the advancing of it; nor shall you need to perfairs, then were the persons employed for the suade the king your master therein, for that he most part doctors of the civil law, assisted with hath hitherto been another Solomon in this our some other discreet men; and in such, the charge Israel, and the motto which he hath chosen, but was ordinarily defrayed by the company or socieBeati pacific!," shows his own judgment such a t\ of merchants whom the negotiation concerned. he must use the means to preserve it, else 7. If lieger ambassadors or agents were sent to jewel may be lost.
bless this
;
that
"
remain
those princes or 2. God is the God of peace; it is one of hia observe the mo- attributes, therefore by him alone we must pray, foundation, li ms, and to hold correspondence with them, upon and hope to continue it there is the all occasions, such were made choice of as were 3. And the king must not neglect the just ways
in or near the courts of
it
states, as
was ever held
fit,
to
A:\ in: TO
for
it
;
MK
(.
.i:
n I.IKKS.
justice
is
the
In st
protector
In st
it
at
home,
as persons
unm
e.-s>.iry
f
lie
tini>r
tune;
I
.<
It
ami providence
it
Ifi
for
war
r
is tin
prevention of
ammunition
i.f all
sorts
.\
.i
and
si.
red
i.p,
in
:iliri>,iii.
I.
\\.irs
an
tiy
eithi
foreign or civil.
foreign wir
tion,
I
the kin^r
For tlic upon some neighbour na

ill
as against a day of batik; let tin polls .md fort* he luted so, as if by the next wind we slu uld hear of an alarm. Such a known pro\
i,ien>-i
i
>
hope we are secure. The king,
his pious
the surest protection.
But of
nil
wars,
let
Imth
and just disposition, is not inclinahle thereunto. His empire is long enough, hounded with the ocean, as if the very situation thereof had taught the kiiiij ami people to set up their rests, and say,
V
>.
prince and people pray against a war in our own bowels. The kinir by his wisdom, justice, and moderation, must foresee and stop such a storm, and if it fall, must allay it; and the people, by
their obedience, must decline it. And for a fo reign war, intended by an invasion, to enlarge the bounds of our empire, which are large enough, and are naturally hounded with the ocean, I have no opinion either of the justness or fitness of it;
it were a very hard matter to attempt it with hope of success, seeing the subjects of this king believe it is not legal for them to be enforced to go beyond the seas, without their own consent, upon hope of an unwarranted conquest ; but to re sist an invading enemy, or to suppress rebels, the subjects may and must be commanded out of the counties where they inhabit. The whole kingdom is but one entire body else it will necessarily be Dum verified, which elsewhere was asserted,
plus ultra." \ mi for a war of invasion from abroad
only
to
we must
invite
G.
it.
not be over secure

if
that is the
way
But
if
we be always
prepared to receive an
enemy,
the ambition or malice of any should incite him, we may be very confident we shall
and
long tempts upon us.

7.
live in
peace and quietness, without any at

the preparations hereunto the
dom
To make
:
assured
in the first place, I will
more recommend unto
you the care of our outworks, the navy royal and shipping of our kingdom, which are the walls thereof; and every great ship is an impregnable fort and our many safe and commodious ports
;
"
and havens,
every of these kingdoms, are as the redoubts to secure them.

in
stnguli pugnamus, oinnes vincimur."] 14. Our strict league of amity and alliance with
8. For the body of the ships, no nation of the world doth equal England for the oaken timber wherewith to build them ; and we need not borrow of any other iron for spikes or nails to fasten them together ; but there must be a great deal of pro vidence used, that our ship timber be not unne cessarily wasted. 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 fore seen, and laid up in a store against a time of need, and not sought for when we are to use them ; but we are much to blame that we make them not at home. Only pitch and tar we have not of our own. 10. For the true art of building of ships, for burden and service both, no nation in the world exceeds us. Shipwrights and all other artisans belonging to that trade must be cherished and en
our near neighbours, the Hollanders, is a mutual The shipping of both in con strength to both.
juncture, being so powerful, by God s blessing, as no foreigners will venture upon. This league and friendship must inviolably be observed.
15.
From Scotland we have had

;
in
former times
some alarms and inroads

of this
kingdom kingdoms under one sovereign, our gracious king,

I
into the northern parts but that happy union of both
hope, hath taken
away
all
occasions of breach
between the two nations. Let not the cause arise from England, and I hope the Scots will not ad
venture
it; or if they do, I hope they will find, that although to our king ihey were his first-born
England belongs the birthright ; but this should not be any cause to offer any to them, nor to suffer injury any from them.
subjects, yet to
16. There remains then no danger, by the bless ing of God, but a civil war, from which God of his mercy defend us, as that which is most de
it should he must quench that wild the diligence that possibly can be.
couraged.
II. Powder and ammunition of all sorts we can have at home, and in exchange for other home sperate of all others. commodities we may be plentifully supplied from justice must prevent it,
if it
The king may be
s
;
wisdom and
or if
our neighbours,
1
which must not be neglected. With mariners and seamen this kingdom is
furnished.
happen, fire with
"
quod
absit,"
all
of 17. Competition to the crown there is none, nor can be, therefore it must be a fire within the bow ; and namerchandising vigabie rivers will repair the store, both to the els, or nothing ; the cures whereof are these, * renavy royal and to the merchants, if they be set on medium praeveniens," which is the best physic, either to a natural body, or to a state, by just and work, and well paid for their labour. 13. Sea captains and commanders, and other equal government to take away the occasion \\i-.c officers must be encouraged, and rise by degrees, "remedium if the other prevail nou punieris," as their fidelity and industry deserve it. The service and vi jilancy of the deputy lieute brave spirits that have fitted themselves nants in every county, and of the high sheriff, will [Let
plentifully
The
constant
trade
will furnish us at a need
for
command,
either
by sea
or land, not belaid by,
contribute
\
much
herein to our security.
384

marl, or sea-sand, whore it cnn be had : but it will not be amiss, that they be put in mind theref,
18. Butif that should not prevail, by a wise and limous inquisition, the peccant humours and humoristsmust be discovered and purged, or cutoff; mercy, in such a case, in a king, is true cruelty. 19. Ynt if the heads of the tribes can be taken off, and the misled multitude will see their error, and return to their obedience, such an extent of mercy is both honourable and profitable.
and encouraged
3.
in ihrir industries.
Planting of orchards, in a soil and air fit for them, is very profitable, as well as pleasurable; ider and perry are notable beverages in sea voyages.
4. Gardens are also very profitable, if planted king, against a storm, must foresee to with artichokes, roots, and such other things as have a convenient stock of treasure; and neither are fit for food ; whence they be called kitchen he without money, which is the sinews of war, gardens, and that very properly. 5. The planting of hop-yards, sowing of woad nor to depend upon the courtesy of others, which
20.
may
which must be had from foreign parts, or provided
and rape seed, are found very profitable for the planters, in places apt for them, and consequently profitable for the kingdom, which for divers years at home, and to commit them to several places, was furnished with them from beyond the seas. under the custody of trusty and faithful ministers 6. The planting and preserving of woods, cspeand officers, if it be possible. ially of timber, is not only profitable, but com 22. He must make choice of expert and able mendable, therewith to furnish posterity, both for commanders to conduct and manage the war, building and shipping. either against a foreign invasion, or a home rebel 7. The kingdom would be much improved by lion ; which must not be young and giddy, which draining of drowned lands, and gaining that in dare, not only to fight, but to swear, and drink, from the overflowing of salt waters and the sea, and curse, neither fit to govern others, nor able to and from fresh waters also. 8. And many of those grounds would he ex govern themselves. 23. Let not such be discouraged, if they deserve ceeding fit for dairies, which, being well housewell, by misinformation, or for the satisfying the wived, are exceeding commodious. humours or ambition of others, perhaps out of 9. Much good land mightbe gained from forests envy, perhaps out of treachery, or other sinister and chases, more remote from the king s access, ends. A steady hand in governing of military and from other commonable places, so as always atfairs is more requisite than in times of peace, there be a due care taken, that the poor common because an error committed in war, may, perhaps, ers have no injury by such improvement. 10. The making of navigable rivers would be prove irremediable. 24. If God shall bless these endeavours, and very profitable ; they would be as so many in the king return to his own house in peace, when draughts of wealth, by conveying of commodities a civil war shall be at an end, those who have with ease from place to place. been found faithful in the land must be regarded, 11. The planting of hemp and flax would be an unknown advantage to the kingdom, many yea, and rewarded also ; the traitorous, or treache rous, who have misled others, severely punished places therein being as apt for it, as any foreign and the neutrals and fa se-hearted friends anc parts. who have started aside like a broken 12. But add thereunto, that if it be converted followers,
fail at
21.
He must
a pinch. also have a
magazine of
all sorts,
bow, be noted "carbone nigro." And so leave them, and this part of the work.
shal
into linen-cloth or cordage, the will be multipiied.
commodity thereof
13. So it is of the wools and leather of the VI. I come to the sixth part, which is trade kingdom, if they be converted into manufactures. And and that is either at home or abroad. 14. Our English dames are much given to the begin with that which is at home, which enableth wearing of costly laces ; and, if they he brought the subjects of the kingdom to live, and layeth a from Italy, or France, or Flanders, they are in foundation to a foreign trade by traffic with others great esteem ; whereas, if the .ike laces were which enableth them to live plentifully and hap made by the English, so much thread as would make a yard of lace, being put into that manu pily 1. For the home trade, I first commend unto facture, would be five times, or, perhaps, ten or
;
1
your consideration the encouragement of tillage twenty times the value. which will enable the kingdom for corn for the 15. The breeding of cattle is of much profit, natives, and to spare for exportation and I mysel especially the breed of horses, in many places, more than once, when, in times of not only for travel, but for the great saddle; the have known, dearth, in Queen Elizabeth s days, it drained English horse, for strength, and courage, and much coin of the kingdom, to furnish us with swiftness together, not being inferior to the horses f-orn from foreign parts. of any other kingdom. 2. Good husbands will find the means, by good Ifi. The minerals of the kingdom, of lead, iron, husbandry, to improve their lands, by lime, chalk, copper, and tin, especially, are of great value,
:
I
ADVICE TO
and set many were ur reat pity they
followed.
17.
:il>lt"!>,!i,
SIR
(;EOU<;E
VII.I.IEHS.
,!
slmtilil
subjects f.n work; it nut In- industriously

is
chants which move first in the work, than to be designed unto them from the kin;:; fr it must
proceed from the opti"ii of the people;, else it sounds like an exile ; so the colonies must be raised by the leave of the king, and not hy his
But of
SIMS
all
minerals, there
tin ci tasts
"
none like
to
that of fishing,
anil tlir
upon
lii-liinîiiLT
of these kingdoms, them: our neighbours,

"
command.
step
3. After the place is made choice of, the first must be, to make choice of a fit governor;
within half a day can show us Uio

doubtless,
there
of us, with a _ wind, nso and value thereof; and, is sea-room enough for both
s sail
!
iiaiiuns, without offending one another; and it would exceedingly support tin- navy. 18. This realm is much enriched, of late years, hy the trade of merchandise which the English drive in foreign parts; and, if it be wisely manain-d, it must of necessity very much increase
who, although he have not the name, yet he must have the power of viceroy and if the person who
;
principally
moved
in the
work be not
fit
for that
trust, yet he must not be excluded from command ; but then his defect in the governing part must be supplied by such assistants as shall be joined
the wealth thereof: care being taken, that the ex portation exceed in value the importation; for
with him, or as he shall very well approve of. 4. As at their setting out they must have their commission or letters patents fi^m the king, that
so they
the
then the balance of trade must of necessity be returned in coin or bullion.
may acknowledge their dependency upon Crown of England, and under his protection
This would easily be effected, if the mer chants were persuaded or compelled to make their returns in solid commodities, and not too much
11).
so they must receive some general instructions, how to dispose of themselves when they come
thereof in vanity, tending to excess. 20. But especially care must be taken, that monopolies, which are the cankers of all trading,
which must be in nature cf laws unto them. But the general law, by which th^y must be guided and governed, must he the common law of
there,
5.
England
and
to that end,
it
will be
fit
that
some
be not admitted under specious colours of public good. 21. To put all these into a regulation, if a con stant commission to men of honesty and under standing were granted, and well pursued, to give
reasonably studied in the law, and otherwise qualified for such a purpose, be persuaded, if not thereunto inclined of himself, which weê the best,
to go thither as chancellor amongst them, at first: and when the plantation were more settled, then to have courts of justice there as in England. 6. At the first planting, or as soon after as they can, they must make themselves defensible both against the natives and against strangers; and to that purpose they must have the assistance of some able military man, and convenient arms and ammunition for their defence. 7. For the discipline of the church in those parts, it will be necessary, that it agree with that which is settled in England, else it will make a schism and a rent in Christ s coat, which must he seamless ; and, to that purpose, it will be fit that,
man
managing of these things, both at abroad, to the best advantage ; and that this commission were subordinate to the council
order for the
home and
board
;
it
is
conceived
it
would produce notable
effects.
VII.
The next
thing
is
that of colonies
and
foreign plantations,
outlets, to a
which
are very necessary, as
populous nation, and

they be
may
be
profit
able also
1.
if
managed
in a discreet
First, in the choice of the place,
way. which re-
quireth many circumstances; as, the situation, nâr the sea, for the commodiousness of an inter course with England ; the temper of the air and climate, as may best agree with the bodies of the English, rather inclining to cold than heat; that
i
by the king
tical,
supreme power
in causes ecclesias
his dominions, they be subordi nate under some bishop and bishopric of this
within
all
realm.
8.
be stored with woods, mines, and fruits, which are naturally in the place; that the soil be such as will probably be fruitful for corn, and other
it
For the better defence against a

I
common
enemy,
think
it
would be
best, that foreign plan
conveniences, and for breeding of cattle; that it hath rivers, both for passage between place and
place, and for fishing also, if it may be; that the natives be not so many, but that there may be
tations should be placed in one continent, and near together; whereas, if they be too remote, the one
J
elbow-room enough for them, and for the advenlives also all which are likely to be found in the
:
West
Indies.
from the other, they will be disunited, and so the weaker. 9. They must provide themselves of houses, such as for the present they can, and, at more leisure, such as may be better; and they first must plant for corn and cattle. &c.. for food and neces
sary sustenance; and after, they may enlarge themselves for those things which may be for and to traffic withal also. profit and pleasure,
2. It should be also such as is not already planted by the subjects of any Christian prince or -t ite, nor over-nearly neighbouring to their
plantation.
be
e!i.
.sen
II.
And it would be more convenient, to 10. Woods for shipping, in the first place, may by some of those gentlemen or mer- doubtless be there had, and minerals there found,
49
2
VOL.
386
ADVICE TO
SIR
GKOKCK
VILLIKitS.
drawn
into factions
perhaps, of the richest; howsoever, the mines out f the fruits of the earth, and seas and waters
tdjoining, may he found in abundance. 11. In a short time they may build vessels and
tism, lest they should be
and
schisms, and that place receive them there hud, and send them bark worse.
(j.
To employ them
in
profitable trades
and
with the parts near adjoin ing, and with England also, from whence they be furnished with such things as they may may want, and, in exchange or barter, send from thence
ships also, for
traffic
manufactures, such as the clime will best fit, and such as may be useful to this kingdom, and return
to
7.
them an exchange of things necessary. That they be furnished and instructed
for
other things, with which quickly, either by nature or art, they may abound.
12.
But these things would by

;
all
means be
the military part, as they may defend themselves; lest, on a sudden, they be exposed as a prey to some other nation, when they have fitted the colo
prevented that no known bankrupt, for shelter; nor known murderer or other wicked person, to avoid the law ; nor known heretic or schismatic,
ny
a
for
them.
be suffered to go into those countries; or, if they do creep in there, not to be harboured or continued else, the place would receive them naught, and
:
order a trade thither, and thence, in such manner as some few merchants and tradesmen, under colour of furnishing the colony with ne cessaries, may not grind them, so as shall always
8.
To
keep them
9.
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
in poverty. place over them such governors as may be qualified in such manner as may govern the
To
place, and lay the foundation of a new kingdom. 10. That care be taken, that when the industry
upon
^4.
their necessities.
of one
man
hath settled the work, a
new man, by
not supplant
And
that to regulate all
these inconve
insinuation or misinformation,
may
niences, which will insensibly grow upon them,
him without just cause, which is the discourage that the king be pleased to erect a subordinate ment of all faithful endeavours. council in England, whose care and charge shall 11. That the king will appoint commissioners oe, to advise, and put in execution, all things in the nature of a council, who may superintend which shall be found fit for the good of those new the works of this nature, and regulate what con
plantations
;
who, upon
all
occasions, shall give
an account of their proceedings to the king, or to the council-board, and from them receive such directions as may best agree with the government
of that place. 15. That the king s reasonable profit be not neglected, partly upon reservation of moderate
rents
;
cerns the colonies, and give an account thereof to the king, or to his council of state.
Again, For matter of trade,

of
confess
it
is
out
my
profession
yet in that
I shall
make
a con
jecture also, and propound some things to you, whereby, if I am not much mistaken, you may advance the good of your country and profit of
and services ; and partly upon customs your master. and partly upon importation and exportation of 1. Let the foundation of a profitaole trade be merchandise which for a convenient time after thus laid, that the exportation of home commodi the plantation begin, would be very easy, to en ties be more in value than the importation of fo courage the work but, after it is well settled, reign ; so we shall be sure that the stocks of the
;
:
may
be raised to a considerable proportion, wor
thy the acceptation. [Yet these cautions are to be observed in these

undertakings.
1.
kingdom shall yearly increase, for then the balance of trade must be returned in money or bullion.
2.
let
In the importation of foreign commodities, not the merchant return toys and vanities, as
That no man be compelled to such an em sometimes it was. elsewhere apes and peacocks, for that were a banishment, and not a but solid merchandise, first for necessity, next for service fit for a free man. pleasure, but not for luxury. 3. Let the vanity of the times be restrained, 2. That if any transplant themselves into plan which the neighbourhood of other nations have tations abroad, who are known schismatics, out
ployment;
laws, or criminal persons, that they be sent for back upon the first notice; such persons are not fit to lay the foundation of a new colony.
3.
i
induced
and
we
strive apace to exceed our patis
tern; let vanity in apparel, and, which vain, that of the fashion, be avoided.
heard, that in Spain, a grave nation,
I
more have
To make
no extirpation of the natives under
whom
in this
pretence of planting religion: Cod surely will no way be pleased with such sacrifices.
4. That the people sent thither be governed according to the laws of this realm, whereof they tre, and still must be subjects. 5.
iniirlit imitate, they do allow the play courtesans the vanity of rich and costly clothes ; but to sober men and matrons they permit it not upon pain of infamy ; a severer punishment
wish
we
ers ;.nd
upon ingenuous natures than a pecuniary mulct. 4. The excess of diet in costly meats and drinks fetched from beyond the seas would be avoided ; gion, and the same discipline for church govern ment, without any mixture of popery or anabap- wise men will do it without a law, I would there
To
establish there the
same
purity of
reli
AD\ in:
!
Ti) Mi;
GEORGE
is
il.i.n:i;s.
387
law
the
to
restrain fouls.
Tin-
<
III
kingdom much, and

di.se. tsi s
;
but surfeits
a-ily
Iii
anil
were
\\e as
returns nothing wise as
but as a great household, and a j^reat household as a little kingdom, must he exemplary.
we
if
l
M.
.">.
within a year or two at the we Would needs be (Irilllk willl Wines, \\ r

illicit. In-,
ad lAempluin, \e. l!llt for this, (iod Inpral-,ei|, our charge is easy; for our gracious master, f.,r
hi-,
might
drunk
witli half th
j
be,
and
learning and piety, justice and bounty, may is, not only a precedent to his own sub
be vain and superfluous in laces It and embroideries, which are more costly than
either
we must
or
jects, but to foreign princes also; yet
he
is
still
hut a
man, and seasonable
"mementos"
may
be
warm
comely,
let
the curiosity be the
manufacture of the natives: then it should not be verified of us, Mnateriam superabat opus."
(
useful; and, hi ing 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 injunc tion laid upon me, yourself in the first place, who
..
lint instead
of crying up
1
all
brough from beyond hands of strangers, let us advance the native commodities of our own kingdom, and em our countrymen before strangers : let us turn ploy Is of the land into clothes and stuffs of our own growth, and the hemp and flax growing here into linen cloth and cordage; it would set many thousand hands on work, and thereby one shilling worth of the materials would by industry multiplied to five, ten, and many times to twen
are cither
I,
things, which sea, or wrought
en
iiy
the
are
first in
;
of scandal
the eye of all men, give no just cause either by light, or vain, or by oppres
sive carriage.
3. The great officers of the king s household had need be both discreet 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
:
ty
7.
J
would above
times more in the value being wrought. And of all sorts of thrift for the public good, all others commend to your care
left to affection,
than in the choice of counsellors,
and of the great officers of state, before touched, which must always be made choice of merely
out of judgment; for in them the public hath a
great interest.
the encouragement to Hb given to husbandry, and the improving of lands for tillage; there is no
such usury as
this.
The king cannot
enlarge the
[And
yet in these, the choice had need be of
islands, which make up his empire, the ocean being the unremoveable wall
bounds of these
vhich encloseth them ; but he may enlarge and multiply the revenue thereof by this honest and harmless way of good husbandry.
very great help unto trade are navigable rivers; they are so many indraughts to attain wealth; wherefore by art and industry let them
8.
honest and faithful servants, as well as of comely outsides, who can bow the knee, and kiss the hand, and perform other services, of small im
portance compared with this of public employ ment. King David, Psalm ci. 6, 7, propounded
a rule to himself for the choice of his courtiers.
He was
example
a wise and a good king; and a wise and
a good king shall do well to follow such a good
be made
but let them not be turned to private
profit. 9. In the last place, I
beseech you, take into
your serious consideration that Indian wealth, which this island and the seas thereof excel in, the hidden and rich treasure of fishing. Do we want an example to follow ? I may truly say to
the
I
and if he find any to he faulty, which ; perhaps cannot suddenly be discovered, let him take on him this resolution as King David did. "There shall no deceitful person dwell in m)
house."
But
for
such as shall bear
office in
the
Kn jlish, Go to the pismire, thou sluggard." need not expound the text: half a day s sail with a good wind, will show the mineral and the
"
the expenses thereof, it is much more requisite to make a good choice of such servants, both for his thrift and for his
king
house, and
manage
honour.]
4.
For the other ministerial
officers in
court,
miner.-;.
rare
To regulate all these it will be worthy the ot a subordinate, council, to whom the order of these things may he committed, and they ing give an account thereof to the state.]
10.
VIII.
I
come
to the last of those things

is,
which
be termed, there must also be an eye unto them and upon them They have usually risen in the household by degrees, and it is a noble way, to encourage faith ful service: but the king must not hind himseif to a necessity herein, for then it will be held "e* dehito:" neither must he alter it, without an apas, for distinction sake, they
may
propounded, which
the court and curialitv.
happeneth upon the information of some greai and herein, man, is by all means to be avoided, unless there and but in a word only, be a manifest cause for it. word, in mind, that the kinr in his own person, 5. In these things you may sometimes interput you both in respect of his household or court, and in pose, to do just and good offices; but for the respect of his whole kingdom, fora little kingdom general, I should rather advise, meddle little, but
>
other did properly concern the king, in his this more pro roval capacity, as pater patriae
;"
The
in,
parent cause for it: but to displace any who aro upon displeasure, which for the most part
perly as
1.
I
pater
amilias:"
shall, in H
388

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
leave the ordering of those household affairs to the whitestaffs, which are those honourable per
sons,
to
whom
to the
it
properly
for it;
belongeth
to
be
answerable
king
and
to those other
officers of the green-cloth,
who
are subordinate to
them, as a kind of council, and a court of justice

also.
6.
any loose or
flattering parasites
the
whole king
dom
Yet,
for the green-cloth
largest sense, I
it
law, take it in the have no opinion of it, farther than
tion
fit,
hath a deep interest in his virtuous educa and if you, keeping that distance which is ;
regulated by the just rules of the laws of England.

is
common
do humbly interpose yourself, in such a case he will one day give you thanks for it. 12. Yet dice and cards may sometimes be used
the support of his majesty s own and of the prince s, and of his necessary officers, his majesty hath a good help by purvey ance, which justly is due unto him; and, if justly used, is no great burden to the subject; but by the purveyors and other under officers is many times abused. In many parts of the kingdom, I think, it is already reduced to a certainty in money ; and if it be indifferently and discreetly managed, it would be no hard matter to settle it so throughout the whole kingdom ; yet to be renewed from time to time for that will be the best and safest, both for the king and people. 8. The king must be put in mind to preserve the revenues of his crown, both certain and casual, without diminution, and to lay up treasure in store against a time of extremity; empty coffers give an ill sound, and make the people many times forget their duty, thinking that the king must be beholden to them for his supplies. 9. I shall by no means think it fit, that he re ward any of his servants with the benefit of for
7.
Towards
for recreation,
when
it
table,
but not to use
as a
field-sports mean to
cannot be had
spend the time,
much
sters.
less to
misspend the
thrift of the
game
trouble you no longer ; I have run Sir, over these things as I first propounded them;
I shall
please you to make use of them, or any of them, as you shall see occasion ; or to lay them by, as you shall think best, and to add to them, as you
daily may, out of your experience. I must be bold, again, to put you in mind of your present condition ; you are in the quality of
a sentinel; if you sleep, or neglect your charge, you are an undone man, and you may fall much faster than you have risen. I have but one thing more to mind you of, which nearly concerns yourself; you serve a great and gracious master, and there is a most hopeful young prince, whom you must not desert; it be hooves you to carry yourself wisely and evenly between them both adore not so the rising son,
:
that
you
forget the-father,
who
raised
you
to this
feitures,
either
by
fines
in
the court
of Star
Chamber,
or high
commission
courts, or other
height; nor be you so obsequious to the father, that you give just cause to the son to suspect that
courts of justice, or that they should be farmed out, or bestowed upon any, so much as by promise,
before judgment given; fitable nor honourable.

10.
it
would neither be pro
you neglect him ; but carry yourself with that judgment, as, if it be possible, may please and content them both which, truly, I believe, will be no hard matter for you to do so may you live
; :
Besides matters of serious consideration, in the courts of princes, there must be times for
:
when there is a queen pastimes and disports and ladies of honour attending her, there must these loose collections, any thing which you would have either the father or the son to take to sometimes be masques, and revels, and interludes and when there is no queen, or princess, as now ; heart, an admonition from a dead author, or a caveat from an impartial pen, whose aim neither yet at festivals, and for entertainment of strangers, or upon such occasions, they maybe fit also: yet was nor can be taken to be at any particular by
;
long beloved of both. [If you find in these or any other your obser vations, which doubtless are much better than
would be taken, that in such cases they be design, will prevail more and take better impres more with wit and activity than with cost sion than a downright advice; which perhaps may be mistaken as if it were spoken magiste ly and wasteful expenses. 11. But for the king and prince, and the lords rially. Thus may you live long a happy instrument and chivalry of the court, I rather commend, in their turns and seasons, the riding of the great for your king and country; you shall not be a Stella fixa:" happy and hunting, meteor or a blazing star, but horse, the tilts, the barriers, tennis, which are more for the health and strength of here and more happy hereafter, Deus manu sua those who exercise them, than in an effeminate te ducat:"] which is the hearty prayer of Your most obliged and devoted servant. way to please themselves and others.
care
set off
"
"
THE CHARGE
THE KING
S
ATTORNEY GENERAL,
AGAINST WILLIAM TALBOT,

A COUNSELLOR AT LAW OF IRELAND,
CFO!
AW INFORMATION IN TUB STAR-CHAMBER "ORE TENUS," FOR A WRITING UNDER HIS HAND, WHEREBY T WILLIAM TALBOT DE1NO DEMANDED, WHETHER THE DOCTRINE OF Sl AREZ, TOUCHING DEPOSING AND KILLING OF KINDS EXCOMMUNICATED, WERE TRUE OR NO1 HE ANHWKRED, THAT HE BBFERBCD HIMSELF UNTO THAT WHICH THE CATHOLIC ROMAN CHURCH SHOULD DETERMINE THEREOF.
ULTIMO DIE TERMINI HILARII, UNDECIMO JACOBI REGIS.
But, my lords, in this duel I find this Talbot, LORDS, brought before you the first sitting of this term that is now before you, but a coward ; for he hath the cause of duels ; but now this last sitting I given ground, he hath gone backward and for shall bring before you a cause concerning the ward ; but in such a fashion, and with such in the Christfan world, interchange of repenting and relapsing, as I can greatest duel which is
I
MY
the duel and conflict between the lawful authority
not tell whether it doth extenuate or aggravate of sovereign kings, which is God s ordinance for his offence. If he shall more publicly in the face the comfort of human society, and the swelling of the court fall and settle upon a right mind, I would be against pride and usurpation of the see of Rome "in shall be glad of it; and he that to anarchy and the king s mercy, I would he might need the temporalibus," tending altogether
confusion.
Wherein
if this
pretence in the
Pope king
mercy
but, nevertheless, the court will
of
Rome, by
cartels to
make sovereign
princes as
proceed by rules of justice.
expose
The olTence, therefore, wherewith I charge this the banditti, and to proscribe their lives, and to their kingdoms to prey ; if these pretences, Talbot, prisoner at the bar, is this in brief and in and all persons that submit themselves effect That he hath maintained, and maintaineth I say,
:
under his hand, a power in the pope for deposing In what sort he doth gree, be not by all possible severity repressed and murdering of kings. and punished, the state of Christian kings will this, when I come to the proper and particular be no other than the ancient torment described by charge, I will deliver it in his own words, without
to that part of the
Pope
power
in the least
de
the poets in the hell of the heathen ; a man sit ting richly robed, solemnly attended, delicious fare, &c., with a sword hanging over his head,
pressing or straining.
I come to the particular charge of cannot proceed so coldly; but I must a small thread, ready every moment express unto your lordships the extreme and im han<riiig by to be cut down by an accursing and accursed minent danger wherein our dear and dread sove hand. Surely I had thought they had been the reign is, and in him we nay, all princes of of God alone, and of his secret both religions, for it is a common cause, do stand
But before
man,
I
this
all";
prerogatives
judgments: "Solvam cingula regum," I will loosen the girdles of kings ; or again, "He pourI will give a eth contempt upon princes or, kinir in my wrath, and take him away .r.un in
"
at this day,
by the spreading and enforcing of

:
this
;"
furious and pernicious opinion of the pope s tem poral power which, though the modest sort would
blanch with the distinction of "in ordine ad spiand the like but if these be ritualia," yet that is but an elusion for he that my displeasure of a mortal man, certainly they are but maketh the distinction, will also make the case. the claims the mysteries of that person which "exalts him This peril, though it be in itself notorious, yet, self above all that is called God, supra omne because there is a kind of dulness, and almost a
;i
;"
Note it well, not above lethargy in this age, give me leave to set before quod dicitur Deus." God, though that in a sense be true, but above you two glasses, such as certainly the like never the glass of France, and tho all that is called God; that is, lawful kings and met in one age In that of France the tragoglass of England. magistrates. 2 K 2 389
;
300
CHARGE AGAINST WILLIAM TALBOT.

been likewise equally sensible that touched their temporals.
of
two immediate kings; England, the same, or more horri ble, attempted likewise in a queen and king im In mediate, but ending in a happy deliverance. France, Henry III., in the face of his army, before the walls of Paris, stabbed by a wretched Jacobine friar. Henry IV., a prince that the French do surname the Great, one that had been a saviour and redeemer of his country from infinite calami ties, and a restorer of that monarchy to the ancient state and splendour, and prince almost heroical, except it be in the point of revolt from religion, at a time when he was as it were to mount on horseback for the commanding of the greatest .rces that of longtime had been levied in France,
dies acted and executed in
in the glass of
every injury
Thuanus
reports
in his story,
th<.t
when
the
realm of France was interdicted by the violent proceedings of Pope Julius the Second, the king, otherwise noted for a moderate prince, cause-1
coins of gold to be stamped with his
own
inr.ijre,
and
this superscription,
terra."
"
Perdam nomen Babysaith, himself
lonis e
Of which Thuanus
his king likewise stilettoed by a rascal votary, which had been enchanted and conjured for the the pontificality, but kept him prisoner thirteen months in a pestilent prison and was hardly purpose.
;
had seen divers pieces thereof. So as this Catho king was so much incensed at that time, in respect of the pope s usurpation, as he did apply Babylon to Rome. Charles the Fifth, emperor, who was accounted one of the pope s best sons, yet proceeded in matter temporal towards Pope Clement with strange rigour: never regarding
lic
In England, Queen Elizabeth, of blessed me mory, a queen comparable and to be ranked with
the greatest kings, oftentimes attempted by like
dissuaded by his council from having sent him captive into Spain; and made sport with the
threats of Frosberg the rope under his cassock,
all
Sommervile, Parry, Savage, and others, but still protected by the watchman that slumbereth not. Again, our excellent sovereign, King James, the sweetness and clemency of whose nature were enough to quench and mortify all maiignity, and a king shielded and supported by pos terity ; yet this king in the chair of Majesty, his vine and olive branches about him, attended by his nobles and third estate in parliament ; ready, in the twinkling of an eye, as if it had been a particular doomsday, to have been brought to I noted the ashes, dispersed to the four winds. last day, my lord chief justice, when he spake of this powder treason, he laboured for words, though they came from him with great efficacy, yet he truly confessed, and so must all men, that that treason is above the charge and report of any words whatsoever. Now, my lords, I cannot let pass, but in
votaries,
companies
telling
German, who wore a silk which he would show in them that he carried it to
As for strangle the pope with his own hands. Philip the Fair, it is the ordinary example, how
he brought Pope Boniface the Eighth to an igno minious end, dying mad and enraged ; and how he styled his rescript to the pope s bull, whereby
Sciat fatuitas veshe challenged his temporals, not your beatitude, but your stultitude ; a tra," style worthy to be continued in the like cases ; for
"
As certainly that claim is mere folly and fury. for native examples, here it is too long a field to
enter into them.
Never kings of any nation kept
the partition-wall between temporal and spiritual better in times of greatest superstition : I report me to King Edward I., that set up so many
crosses, and yet crossed that part of the pope s But these jurisdiction, no man more strongly.
these
facts
glasses
which
spake
of,
besides the
themselves and danger, to show you two

;
things have passed better pens and speeches : here I end them. But now to come to the particular charge of
this
must inform your lordships the occa There hath been kings that are the vassals of Rome, and over published lately to the world a work of Suarez, them gives it power; but protecteth those kings a Portuguese, a professor in the university of which have not accepted the yoke of his tyran Coimbra, a confident and daring writer, such a ny, from the effects. of his malice; the other, one as Tully describes in derision; "nihil tam
things
which turneth
the one, the ways of God Almighty, the sword of Rome upon the
man,
sion and nature of this offence
that, as I said at first, this is a
common
cause
involveth kings of both religions ; and therefore his majesty did most worthily and prudently ring out the alarm-bell, to awake
of princes;
it
verens, quam ne dubitare aliqua de re videretur:" one that fears nothing but this, lest he should
all
in
other princes to think of it seriously, and But this is a miserable case the time.
A fellow that thinks to doubt of any thing. with his magistrality and goosequill to give laws In this and menages to crowns and sceptres.
seem
man
s writing this doctrine of
deposing or mur
while, that these Roman soldiers do either thrust Ine spear into the sides of God s anointed, or at
least they crown them with thorns; that is, juercing and pricking cares and fears, that they can never be quiet or secure of their lives or
states.
dering kings, seems to come to a higher elevation than heretofore ; and it is more arted and posiFor in the passages which tived than in others.
And as this peril is common to princes of both religions, so princes of both religions have
your lordships shall hear read anon, I find three assertions which run not in the vulgar track, but are such as wherewith men s ears, as I suppose. are not much acquainted ; whereof the first is,
CIIAKCK
That
the,
A<;AI.\ST
\\II.I.I\M
doth
TALBOT.
matter of
f.iith,
391
the
Buhjc-.-ts, in
pope hath a superiority over depose them; not only for
concern
controv.
r->y
crimes, as heresy and
spiritual schism, hut t nr f.iults of a
growing upon exposition of Scriptures and coun

cils, wherein, being ignorant and not studied, I cannot take upon me to judge; but I do submit my opinion therein to thejudgmttltofthc Catholic
temporal nature; forasmuch as a tyrannical go vernment tewleth ever to the destruction if souls.
So,
!i\-
tins
p.îtMii, kni js of either religion are
Roman
alike
comprehended, and none exempted.
The
pope,
faith I do.
church, as in all other points concerning And for matter concerning my loyalty,
(_r,
I do lord, King acknowledge my sovereign H, James, to be lawful and undoubted king of all the or substitution of hangmen, or kingdoms of Knirland, Scotland, and Ireland; hourreatix," to he sure, lest an executioner should fail. For he and I will hear true faith and allegiance to his WILLIAM TALBOT. saith. That when a kin^ is sentenced by the pope highness during rny life.
s-voiid, that after a sentenee iriven hy tin
this writer hath defined of a series, or sucee-oi-.n,

"
to deprivation or death, the executioner, who is first in the pope shall com place, is he to
whom
My
lords,
upon these words
conceive Talbot
mit the authority, which

it
may
But
be a foreign prince,
it
mav
l>e
a particular subject,
to the first undertaker.
if
may be general, there be no direc
hath committed a great offence, and such a one, as, if he had entered into a voluntary and malicious
publication of the like writing,
it
would have
tion
or assignation in the
general, then, "de jure," it successor, a natural and pious opinion ; for com monly they are sons, or brothers, or near of kin, aM is one; so as the successor be apparent; and
sentence special or appertains to the next
been too great an offence for the capacity of this But because it grew by a question asked court. by a council of estate, and so rather seemeth, in a favourable construction, to proceed from a kinii of submission to answer, than from any malicious
or insolent will
;
But, if he be doubt he be no Catholic, then it devolves to the commonalty of the kingdom ; so as he will be
also that he be a Catholic.
ful, or that
it
was
fit,
according to the cle
it done by one minister or other. he distinguished of two kinds of required by the council to deliver his opinion whether King James be king or no? and he deli tyrants, a tyrant in title, and a tyrant in regi ment; the tyrant in regiment cannot be resisted ver his opinion that he is not, this is high treason or killed without a sentence precedent by the but, I do not say that these words amount to that; pope; but a tyrant in title may be killed by any and, therefore, let me open them truly to your By which doctrine he lordships, and therein open also the understanding private man whatsoever. hath put the judgment of kings titles, which I of the offender himself, how far they reach.
sure to have
of these times, to proceed in this manner before your lordships : and, yet, let the hearers take these things right; for, certainly, if a man be
mency
The
third is,
will undertake, are never so clean, but that some vain quarrel or exception may be made unto them, upon the fancy of every private man ; and also
lords, a man s allegiance must be independ ent and certain, and not dependent and condi Elizabeth Barton, that was called th tional.
My
couples the judgment and execution together, that he may judge him by a blow, without any other
sentence.
holy maid of Kent, affirmed, that if King Henry VIII. did not take Catharine of Spain again to
his wife within a twelvemonth, he should be
no
Your lordships see what monstrous opinions these are, and how both these beasts, the beast with seven heads, and the beast with many heads,
pope and people, are
at
king: and this was treason.
For though
this
act be contingent and future, yet the preparing of the treason is present.
once
let in,
and set upon

;
And,
rily
in like
manner,
if
man
should volunta
the sacred persons of kings. Now, to go on with the narrative
there
was
an extract made of certain sentences and portions of this book, being of this nature that I have set forth, by a great prelate and counsellor, upon a just occasion; and there being some hollowness and hesitation in these matters, wherein it is a thing impious to doubt, discovered and perceived
iuTalhot; he was asked his opinion concerning these assertions, in the presence of the best; and afterwards they were delivered to him, that upon advice, and "sedato ammo," he might declare
himself.
publish or maintain, that whensoever a bull of deprivation shall come forth against the king, that from thenceforth he is no longer king; this
But with this I do not charge is of like nature. you neither; but this is the true latitude of your That if the doctrine touching the killing words,
of kings be matter of faith, then you submit yourself to the judgment of the Catholic Roman church: so as now, to do you right, your alle giance doth not depend simply upon a sentence of the pope s deprivation against the king; but upon another point also, if these doctrines be
already,
faith.
Whereupon, under his hand, he sub

:
or shall be declared to be
matter of
scribes thus
May it please your honourable good lordships Concerning this doctrine of Suarez, I do perceive, king. For the same Pope of Rome may, with by what I have read in this book, that the same the same breath, declare both. So as still, upon
:
But, my lords, there is little won in this: there may be some difference to the guilt of the party, but there is little to the danger of the
392
CHARGE AGAINST WILLIAM TALBOT.

murder.
But, to conclude, Talbot,
I
the matter, the king is made but tenant at will of his life and kingdom; and the allegiance of
his subjects pinned upon the pope s acts. And, certainly, it is time to stop the current of this opinion of acknowledgment of the pope s
is
will do
you
this right, and I will not be reserved in this, but to declare that that is true ; that you came after
wards
to a better
mind
wherein
if
you had been
in temporalibus or else it will sap and supplant the seat of kings. And let it not be mistaken, that Mr. Talbot s offence should be no more than the refusing the oath of allegiance. For it is one thing to be silent, and another thing As for the point of matter of faith, to affirm.
power
"
;"
constant, the king, out of his great goodness, was resolved not to have proceeded with you in
course of justice; but then again you started aside like a broken bow. So that by your variety and vacillation you lost the acceptable time of the first grace, which was not to have con-
vented you.
or not of faith, to tell
your lordships plain,

1
it
would astonish a man

plied belief.
Is
to see the gulf of this

it
?
im
If a
nothing excepted from
man should ask Mr. Talbot, Whether he do con demn murder, or adultery, or rape, or the doctrine
of
Nay, I will go farther with you your last sub mission I conceive to be satisfactory and com plete; but then it was loo late; the king s honour was upon it; it was published and a day ap
:
pointed for hearing; yet what preparation that Mahomet, or of Arius, instead of Suarez 1 may be to the second grace of pardon, that I Must the answer be with this exception, that if know not: but I know my lords, out of their
I
question
question
taith.
it
concern
doth, for the
matter of faith, as no moral law is matter of

1
he will submit himself to what the church shall determine ? And, no doubt, the murder of princes is more than simple
that therein
accustomed favour, will admit you not only to your defence concerning that that hath been charged ; but to extenuate your fault by any submission that now God shall put into your mind to make.
EDITOR
I
PREFACE
II.
1.
THEOLOGICAL TKACTS.
1.
Prayers.
1.
MlSCELLANKors. Mr. Bacon s Discourse
in praise of his
A
A
Prayer, or
Psalm, made by
the Lord
2.
3.
Bacon, Chancellor of England. Prayer made by the Lord Chancellor Bacon. 3. The Student s Prayer. 4. The Writer s Prayer. A Confession of Faith. The Characters of a Believing Christian, in Paradoxes and seeming Contradic
2.
Sovereign. 2. A Proclamation drawn for his Majesty s

first
3.
coming in. Draught of a Proclamation touching his

s style.
Majesty
4.
Physiological Remains.
5.
III.
1.
Medical Remains. JUDICIAL CHARGES AND TRACTS.

Speeches.
1.
tions.
On
4.
An Advertisement touching
sies of the
the Controver
2.
3.
Church of England.
taking his place in Chancery. Before the Summer Circuits. To Sir W. Jones.
Sir J. Denhain.
5.
Certain Considerations, touching the bet ter Pacification and Edification of the
4.
5.
To To
Justice Hutton.
for
6.
Church of England. The Translation of certain Psalms
2.
Ordinances
regulating the
to Sir
Court of
into
3.
7.
8.
An
English Verse. Advertisement touching a Holy War. Questions about the Lawfulness of a War
for the
Chancery. Papers relating
Edw. Coke.
4.
Charge against Whitelocke.

and
Propagating of Religion.
5. Letters relating to Legal Proceedings. 6. Innovations introduced into the Laws
Government.
THEOLOGICAL TRACTS.
Last of all, for his lordship s Bacnniana contains the following passage writings upon pious subjects, though for the nature of the argument, they deserve the first place, yet they being but few, and there appearing nothing so extraordinary in the composure of them, as is found in his lordship s other labours, they have not obtained an earlier mention. They are only these His Confession of Faith, written by himself in English, and turned into Latin by Dr. 1 9 Rawley, the questions about a Holy War, and the Prayers in these Remains, and a translation of certain of David s Psalms into English verse. With this last pious exercise he diverted himself in the time of his sickness, in the year twenty-five. When he sent it abroad into the world, he made a dedication of it to his good friend, Mr. George Herbert, for he judged the argument to be suitable to him, in his double quality of a divine and a poet." In the life of Lord Bacon, by Dr. Rawley, * hisr lordship s first and last chaplain," as he always
Archbishop Tenison
"
"
proudly entitles himself, there is the following passage: "This lord was religious ; for though the world be apt to suspect and prejudge great wits and politics to have somewhat of the atheist, yet he conversant with God, as appeareth by several passages throughout the whole current of his
wa<
writings; otherwise he should have crossed his own principles, which were, that a little philosophy makrtli men apt to forget God, as attributing too much to second causes ; but depth of philosophy Now I am sure there is no man will deny him, or account other bringrth men back to God again. wise, of him, but to have him been a deep philosopher. And not only so, but he was able to render a reason of the hope which was in him, which that writing of his, of the confession of the faith, doth abun
He repaired frequently, when his health would permit him, to the service of the dantly testify. church, to hear sermons; to the administration of the sacrament of the blessed body and blood of Christ: and died in the true faith established in the Church of England." The passage to which Dr. Rawley alludes, is in the "Advancement of Learning," where he says
1658, in the
Opuscula.
Baconiuna, 79
^ OL. II.
50
393
394
"It
EDITOR
an assured
truth,
PREFACE.
little
is
and a conclusion of experience, that a
or superficial
knowledge
of
to atheism, but a farther proceeding therein doth bring the entrance of philosophy, when the second causes, which are next unto the senses, do offer themselves to the mind of man, if it dwell and stay there, it may induce some oblivion of the highest cause; but when a man passeth on farther, and seeth the dependence of
philosophy
may
incline the
mind of man
for in the
mind back again
to religion
causes, and the works of Providence, then, according to the allegory of the poets, he will easily be lieve that the highest link of nature s chain must needs be tied to the foot of Jupiter s chair. To con
clude, therefore, let no man, upon a weak conceit of sobriety, or an ill-applied moderation, think or maintain, that a man can search too far, or be too well studied in the book of God s word, 01 the
book of God
Atheism"
works
divinity or
philosophy."
Atheism,"
The same
"
be found in his
"Meditations
on
in the
sentiment, and almost the same words, may Meditationes Sacra;," and in his Essay on
"
in his Essays. 1
The several passages throughout the current of his writings, in which it appears that Lord Bacon was conversant with God, it would not, I fear, be proper for me in this place to do more than enumerate.
They may be found
in
two volumes,
entitled,
"Le
Christianisme de Francois
"
2
Bacon,"
and there
is
scarcely a work of Lord Bacon s, in which his religious sentiments may not be discovered. Amongst his minor productions, they may be seen ; in the in the Wisdom of the Meditationes Sacra Ancients;" in the Fables of Pan, of Prometheus, of Pentheus, and of Cupid : in various parts of
"
;"
the Essays, but particularly in the Essay on Atheism and Goodness of Nature, in the New Atlantis," an imaginary college amongst a Christian people, full of piety and humanity, whose prayer is
"
Lord God of heaven and earth, thou hast vouchsafed of thy grace, to those of our order, to know thy work of creation, and the secrets of them ; and to discern, as far as appertaineth to the genera tions of men, between divine miracles, works of nature, works of art, and impostures and illusions
"
of all sorts. I do here acknowledge and testify before this people, that the thing which we now see before our eyes, is thy ringer, and a true miracle ; and forasmuch as we learn in our books, that thou never workest miracles, but to a divine and excellent end, for the laws of nature are thine own laws, and thou exceedest them not but upon great cause, we most humbly beseech thee to prosper this great
sign, and to give us the interpretation and use of it in mercy; which thou dost in some part secretly 3 promise by sending it unto us;" and the conditions of entities in the Baconiana, thus concludes:
This is the Form and Rule of our Alphabet. May God, the Creator, Preserver, and Renewer of the Universe, protect and govern this work, both in its ascent to his glory, and in its descent to the good of mankind, for the sake of his mercy and good will to men though his only Son [Immanuel] Godiw/A-ua."
These sentiments
works.
:
are not confined to the

in his tract,
"
minor productions of Lord Bacon, but pervade
all his
atque originibus secundum fabulas Cupidinis et Cceli sive Parmenidis et Telesii, et praecipue Democriti philosophia, tractata in fabula." The introduction to his Historia Naturalis et Experimentalis, Quae est Instaurationis magn& pars tertia," concludes thus: "Deus Universi Conditor, conservator. Instaurator, hoc opus, et in ascensione ad
They may be seen

"
De principiis
Gloriam suam,
et in descensione ad
bonum humanum,
"
pro smierga Homines, BenevolentiA, et Miseri-
4 And in the conclusion of cordia, protegat et regat, per Filium suum unicum, Nobiscura Deum." the preface to the Instauration he says, Neque enim hoc siverit Deus, ut phantasiae nostrae somnium mundi edamus sed potius benigne faveat, ut apocalypsim, ac veram visionem vestigtpro exemplari
:
orum
scribamus. Itaque tu, Pater, qui lucem visibilem primilucem intellectualem ad fastigium operum tuorum in faciem hominis inspirasti ; opus hoc, quod a tua bonitate profectum, tuam gloriam repetit, tuere et rege. Tu, postquam converMIS es ad spectandum opera, qua; fecerunt manus tuse, vidisti quod omnia essent bona valde; et reAt homo, conversus ad opera, quae fecerunt manus suae, vidit quod omnia essent vanitas quievisti.
et sigillorum Creatoris supercreaturas,
lias creaturae dedisti, et
et vexatio spiritus ; nee ullo modo requievit. Quare si in operibus tuis sndabimus, facies nos visionis tuae et sabbati tui participes. Supplices petimus, ut haec mens nobis constet : utque novis eleemo-
synis per
velis."
manus
nostras et aliorum, quibus
eandem mentem
largieris,
familiam
humanam dotatam
The
following similar sentiment
is in
the general corollary to
Hume
Essays:
"Though
the stupidity of men, barbarous
they are so
much
familiarized
yet
it
scarce
seems
possible, that
any one of good
understandiii;.
should reject Hint

<mr
id.-n,
wh-n
in
it is suggested to him. comprehension A purpose, an intention, a design is evident in everything; and when so far enlarged as to contemplate the first rise of this visible system, we must adopt, with the strongest conviction, the idea of some intelligent cause or Author."
onc<
Published at Paris, An. VII.

*
Baconiana,
91.
the Creator, Preserver, and Restorer of the universe, out of his kindness and compassion towards mankind protect and govern this work, both when ascending towards his glory, and descending to the improvement of man, through his only son, Go/I iriili vs. 6 May thou, therefore, O Father, who gavest the light of vision as the first-fruits of the creation, and hast inspired tlw
May God
EDITOR S PREFACE.
The
tr.u-ts
395
Treatise
t.i 8
"
De Ajgmentis
1
u|>on
labours."
natural, In tho .A ru//i

"
Scientiarum," abounds with religious sentiments, and contains two the other upon inspired divinity, "the Sabbath and port of all men s 8 Organum, under tlie head of Instances of Divorce, there ithe following
: Atque in ruins opticis, et sonis, et calore, et aliis nonnullis operantibus ad distans, eo magis, quod requiratur medium qualificatum ad probubile est media corpora disponi et alterari detere -:m operationem talem. At magnetic;! ilia sive Coitua virtus admittit media tanquam adiaQuod si nil rei habeat virtus ilia aut actio cum phora, nee impeditur virtus in omnigeno medio.
observation
corpore medio, sequitur quod sit virtus aut actio naturalis ad tempus nonnullum, et in loco nonnullo, suhsistens sine corpore: cum neque subsistat in corporibus tenninantibus, nee in mediis. Quare
actio
magnetica poterit esse instantia diuortit circa naturam corpoream, et aclionem naturalcm. Cui hoc adjici potest tanquam corollarium aut lucruin non praelermittendum viz. quod etiam secundum
:
sensum philosophanti sumi possit probatio, quod sint entia et substantiee separate et incorporate. Si enim virtus et actio naturalis, cmanans a corpore, subsistere possit aliquo tempore, et aliquo loco, oinnino sine corpore prope est ut possit etiam emanare in origine sua a substantia incorporea. Videtur enim non minus requiri natura corporea ad actionem naturalem sustentandam et deuehendam, quam
;
ad excitandam aut
generandam."*
Such are specimens of Lord Bacon s religious sentiments, which may be found in different parts of his works; but they are not confined to his intended publications. In a letter to Mr. Mathew, imprisoned for religion, he says, pray God, that understandeth us all better than we understand
"I
one another, contain you, even as I hope he will, at the least, within the bounds of loyalty to his majesty, and natural piety towards your country. And I entreat you much, sometimes to meditate upon the extreme effects of superstition in this last powder treason fit to be tabled and pictured in the chambers of meditation, as another hell above the ground and well justifying the censure of the heathen, that superstition is far worse than atheism ; by how much it is less evil to have no opinion of God at all, than such as is impious towards his divine majesty and goodness. Good Mr. Mathew, receive yourself back from these courses of perdition. to have written a great deal more, I "Willing etc. In the decline of his life, in his letter 5 to the Bishop of Winchester, he says, continue,"
:
:
consolations, it is not the least to represent to a man s self like examples of calamity in For examples give a quicker impression than arguments and, besides, they certify us, that which the Scripture also tendereth for satisfaction "that no new thing is happened unto In this kind of consolation I have not been wanting to myself, though, as a Christian, I have tasted, and his last will thus begins First, I be through God s great goodness, of higher remedies queath my soul and body into the hands of God, by the blessed oblation of my Saviour; the one at the lime of my dissolution, the other at the time of my resurrection. For my burial, I desire it may be in St. Michael s church, near St. Alban s there was my mother buried, and it is the parish church of my mansion-house of Gorhambury, and it is the only Christian church within the walls of Old
"
Amongst
others.
us."
"
"
;"
Verulam."
countenance of man with the light of the understanding as the completion of thy works, guard and direct this work, which proceeding from thy bounty, seeks in return thy glory. When thou turnedst to look upon the works of thy hands, thou sawest that all were very good and didst rest. But man, when he turned towards the works of hie hands, saw that they were all vanity and vexation of spirit, and had no rest. Wherefore, if we labour in thy works, thou wilt make UN partakers of that which thou beholdest, and of thy sabbath. We humbly pray that our present disposition may continue firm, and that thou mayest be willing to endow thy family of mankind with new gifts, through our hands, and the hands of
those to
1
whom
ix. 6,
Book Book
3, c. 2,
thou wilt accord the same disposition. of the Treatise De Augmentis, and in the Advancement of Learning, page 174. nf the Treatise De Augmentia.
3
<
whom 1 am
Instance, 37. Of the conclusion of this passage I subjoin two translations, the one by Dr. indebted for the translation of the Aururn Organum.
Shaw,
the other by
my
excellent friend, to
SlIAW
TRANSLATION.
To this may he added, by way of corollary, the following considerable discovery, viz. that by philosophizing, even according to sense, a proof may be had of the existence of separated and incorporeal beings and substances; for if natural virtues and actions flowing from a body may subsist without a body for Home time in space or place, it is possible that such virtues or actions may proceed originally from JTI incorporeal substance for a corporeal nature seems
:
less required to support and convey, than to excite and or generating natural action. generate a natural action. 6 This letter was published in Letters and Remains by Stephens, 1734, with the following note: "The following to the most learned Dr. Andrew*, Bishop of Winchester, was written by my Lord St. Alban, in the year 1622, ami in DIP nature of a dedication, prefixed before his dialogue, touching a Holy War ; which was not printed, at least corn-, tlv, ml even years after, by the care of Dr. Rawley. But because it has been found amongst his lordship s letters and other fcooks, separated from that treatise, and chiefly, because it gives tome account of his writings, and behaviour after hit retirement, I thought it very proper to insert it in thii place."
no
ail vantage not to be neglected, that it may be taken as a proof of essence and substance being separate and incorporeal, even by those who philosophize according to the sense*. For if natural power and action emanating from a body can exist at any time and place entirely without any body, it is nearly a proof that it can also emanate originally from an incorporeal substance. For a corporeal nature appears to be no less necessary for supporting and conveying than for exciting
TRANSLATION. To which we may add as a corollary and an
HEW
>ttei
396
EDITOR S PREFACE.
PRAYERS.*
the prayers contained in this volume, the first, 9 entitled, "A Prayer, or Psalm, made by the Lord Chancellor of England," is in the Resuscitatio. The second prayer, entitled, "A Prayer made and used by the Lord Chancellor Bacon," is in the Remains ; and the two remaining prayers, The
Of
"
Student s
Prayer,"
and
"The
Writer
s Prayer," are in
the Bacuniana.
THE CONFESSION OF
Of the
FAITH.
authenticity of this Essay no doubt can be entertained ; it was published in a separate tract in 1641, 3 and by Dr. Rawley in the Resuscitatio , 4 by whom it was translated into Latin, and pub In the Resuscttalio, Dr. Rawley, in his address to the reader, says, "For lished in the Opuscula.*
Confession of the Faith, I have ranked that, in the close s, incribed, thereby to demonstrate to the world that he was a master in divinity, as well as in philosophy or politics ; and that he was versed no less in the saving knowledge, than in the universal and adorning knowledges : for though he composed the same many years before his death, yet I thought that to be the fittest place, as the most acceptable incense unto God of the faith where
of this whole volume
:
that treatise of his lordship
in he resigned his breath ; the crowning of all his other perfections and abilities ; and the best per fume of his name to the world after his dea h." In his Life he says, He was able to render a
"
reason of the hope which was in him; which that writing of his of the Confession of the Faith doth and in the address to the reader, in the Opuscula, he says, abundantly testify Supererat tandem scriptum illud Confessionis Fidei ; quod auctor ipse, plurimis anteobitum annis, idiomate Anglicano
"
;"
concepit: operae pretium mihi visum est Romana civitate donare; quo non minus exteris, quam popularibus suis, palam fiat, qua fide imbutus, et quibus mediis fretus, illustrissimus heros, anirnam Deo reddiderit ; et quod theologicis studiis, aeque ac philosophicis et civilibus, cum commodum esset,
vacaverit.
Fruere his operibus, et scientiarum
antistitis
olim Verulamii ne obliviscaris.

" "
Vale."
Baconiana." 8 His Confession of by Archbishop Tenison in the and turned into Latin by Dr. Rawley; upon which there was Faith," some correspondence between Dr. Maynwaring and Dr. Rawley,? as the archbishop, in describing
This
tract is thus noticed
written by
him
in English,
In Sloane s MSS. 23, there is a MS. prayer. Although the first part of the Resuscitatio was published by Dr. Rawley, and the second part (which contains this was published in his name, and during his life, it contains matter of which Lord Bacon was not the author. Archbishop Tenison, in his Baconiana, p. 59, speaking of the apophthegms, says, Besides, his lordship hath received much injury by late editions, of which some have much enlarged, but not all enriched the collection, stuffing it with tales and sayings, too infacetious for a ploughman s chimney-corner." And, in a note, he adds, "Even by that added (but not by Dr. Rawley) to the Resuscitation, Ed. III." I mention this fact, not as intending to infer that this prayer was not "made by Lord Bacon," but that the evidence may be duly weighed. B. M. have hinted in some former papers, In the Taller, No. 267, it is, upon what authority I know not, thus mentioned: that the greatest and wisest of men in all ages and countries, particularly in Rome and Greece, were renowned m their piety and virtue. It is now my intention to show, how those in our own nation, that have been unquestionably the most eminent for learning and knowledge, were likewise the most eminent for their adherence to the religion of their country. 1 might produce very shining examples from among the clergy; but because priestcraft is the common cry of every tavilling, empty scribbler, I shall show that all the laymen who have exerted a more than ordinary genius in their writings, and were the glory of their times, were men whose hopes were filled with immortality, and the prospect of future rewards ; and men who lived in a dutiful submission to all the doctrines of revealed religion. I shall in this paper only instance Sir Francis Bacon. I was infinitely pleased to find among the works of this extraordinary man a prayer of his own composing, which, for the elevation of thought, and greatness of expression, seems rather the devotion of an angel than a man. His principal fault seems to have been the excess of that virtue which covers a multitude of faults. This betrayed him to so great an indulgence towards hie servants, who made a corrupt use of it, that it stripped him of all those riches and honours which a long series of merits had heaped upon him. But in this prayer, at the same time that we find him prostrating himself before the great mercy-seat, and humbled under afflictions, which at that time lay heavy upon him, we see him supported by the sense of his integrity, his zeal, his devotion, and his love to mankind; which give him a much higher I shall beg leave to write figure in the minds of thinking men, than that greatness had done from which he was fallen. down the prayer itself, with the title with it, as it was found amongst his lordship s papers, written in his own hand." 3 The The Confession of Faith," written by Sir Francis Bacon, following is an exact transcript of the title page: printed in the year 1641. In the title page, there is a wood engraving of Sir Francis Bacon it is a thin 4to of twelve pages, without any printer s name. Mr. D Isrueli kindly lent me a copy. It is similar, but not the same as the present copy. Of the Confession of Faith there are various MSS. in the British Museum; Sloane s 23, 2 copies; liarlcian, Vol. 2, 314; Vol. 3, 6): Hargrave s, page 62; the MSS. Burch, 4263, is, I suspect, in Lord Bacon s own writing, with his
1
prayer)
"
"I
"
signature.
H57. OIHIM nlii v.ina posthuma. Baconiana, 72.
Londini, ex officina, R. Danielis, 1058.
The following is in the "Baconiana," p. 209: A letter written by Dr. Roger Maynwaring, to
SIB, I have, at your
"
Dr.
Rawley concerning
the Lord Bacon s Confession of Faith.

lord,
command, surveyed
this
deep and devout tract of your deceased

:
and send back a few notes
upon
"In
"
it.
(of this volume) are these words 1 believe that God is so holy, pure, and jealous, that it is impossible for him to be pleased in any creature, t hound the vork of hib own hands so Uiut neither angel, man, nor wurld, could stand, or can stand, one moment in his eyes, without
page 413,
1.
5,
EDITOR
tin-
PREPACK.
is
397
Maynwaring
to Dr. R;i\v!
v.
letters tn
Lord B.iron,
lordship
etc.,
lie
say-;,
"Tli
second
a letter from Dr.
"onremin^ his
Iv-des. vni.
li.cfrines,
-J,
which
Tiiis is that Dr. Mayn\varin<r, whose sermon upon Confession of Faith. "For some iravr such hi- li oilenre, about one hundred and fifty years ago. noteth in his lordship s ronles-ion, tin- n-adt-r onirht to rail to mind, tin- times
s
which his lordship wrote them, and the distaste of that court against the proceedings of Barnevelt, whose st.ite-t artion blemished his ere ed. Of this tract there are various MSS. 9 in the British Museum, and one apparently in Lord Bacon s 3 It is stated in one of the MSS. to have been written before or when Sir Francis 1 .mdwriiinir,. Confession of Faith, written by Haron w;:s Solicitor Genera!, 4 and in the Remains it is entitled, Sir Francis Bacon, knight, Viscount St. Albans, about the time the Solicitor General to our late So 5 vereign Lord King James."
in
"
beholding the same in the fare of a mediator ; and therefore that before him, with whom all things are present, the Lnnili was Main before nil worlds ; without which eternal counsel of hi*, it was impossible fnr him to have descended l any work of creation ; but be should have enjoyed the blessed and individual society of three persons in Godhead only
i>l~
<;<n|
uri-viT
creature
I..
"This point I have heird some divines question, whether God, without Christ, did pour his love upon the creature! and had sometimes a dispute with Dr. Hharp* of your university, who held that the emanation of the Father s love to the was immediate. His reason, amongst others, was taken from that text, So God loved the world, that lie gave his . .iH.-ii Sun. .ml) Something of tlmt point 1 have written amongst my papers, which on the sudden I cannot light upon. H n reMi.Miil.er that I held the point in the negative, and that St. Austin, in his comment on the fifth chapter to the Ro mans gathered by Beda, is strong that way. "In page 413, line penult, are these words: "God, by the reconcilement of the Mediator, turning his countenance towards his creatures, (though not in equal light ami degree,) made way unto the dispensation of his most holy and secret will, whereby some of his creatures might stand and keep their state; others might, possibly, fall, and be restored; and others might fall, and not be restored in their estate, but yet remain in being, although under wrath and corruption; all with respect to the Mediator; which is the great mystery, and perfect centre of all God s ways with his creatures; and unto which all his other works and wonders do Out serve and refer. "Here absolute reprobation seems to be defended, in that the will of God is made the reason of the not-restitution of nome; at leastwise his lordship seems to say, that twas God s will that some should fall, unless that may be meant of
volunta* iiiTMMoiv.il, (his will of itermission.) In page 414, 1. 10, where he saith, (amongst the generations of men he elected a small flock,) if that were admitted (of fallen men,) it would not be amiss; lest any should conceive that his lordship had meant, the decree had passed on inass:i incorrupta, (on mankind considered before the fall.) In page 415, I. 8, are these words: Man made a total defection from God, presuming to imagine, that the commandments and prohibitions of God were not the rules of good and evil, but that good and evil had their own principles and beginnings. Consider whether this be a rule universal, that the commands and prohibitions of God are the rules of good and evil. For, as St. Austin saith, many things are prohibita quia mala (for that reason forbidden, because they are evil :) us those sins which the schools call speciflcal. In page 415, 1. antepen. are these words : The three heavenly unities exceed all natural unities. That is to say, the unity of the three Persons in Godhead, the unity of God and man in Christ, and the unity of Christ and the church ; the Holy Ghost being the worker of both these
"
"
"
"
latter unities ; for by the Holy Ghost was Christ incarnate, and quickened in flesh ; and by the Holy Ghost is man regenerate, and quickened in spirit. Here two of the unities are ascribed to the Holy Ghost. The first seems excluded ; yet divines say, that Spirilui Sanctus t amor, Sc. vinculum Pattis & Filii, (the Holy Ghost is the love and the bond of the Father and the Son.) In page 416, I. 12, are thvie words Christ accomplished the whole work of the redemption and restitution of man to a state superior to the angels. This (luperior) seems to hit upon that place, i<rdyyc\oi, Luke xx. 36, which argues but equality. Suarez (De Angclin, lib. 1, cap. 1,) saith, that angeU are superior to men, quoad gradum intelleclualem, Sc. quoad immediatam habitationem ad Drum, (both in respect of the degree of their intellectual nature, and of the nearness of their habitation to God ) Yet St. Austin arrmneth, naturam humanam in Christo perfectiorem esse angelica, (that the human nature in Christ is more perfect
"
"
than the angelical.)
Consider of
this.
And
thus
far,
not as a
critic, or
corrector, but as a learner.
For,
Corrigere, resest tanto magis ardua, quanto
Magnus, Aristarcho major, Homerus

In haste.
>
erat.
Vour servant,
vol. 3, 61.
ROGER
MAYNWARING."
Baconiana, 103
Sloans, 2 copies, 23 Cat. Harleian, vol. 2, 314
Hargrove
s p. 63.
"
MSS. Burch, No.
4263.
4 Sloane n, 23, and see in Rawley s observations, ante, 396, where he ays, though liefore his death," and the same expression is in the passage from the Opiiscula. s This tract was in 1757. A Confession of written the
he composed the same
many yean
republinhed Right Honourable Francis Bacon, Lord Faith, by Verulam, republished with a Preface on the Subject of Authority in Religious Matters, and adapted to the Exigency of the present Times. London, primed for \V. Owen, at Temple-Bar, 1757, 8vo. pp. 26, and in the second volume of Butler s Reminiscences, recently published, in page 232, there is a letter from Dr. Parr containing the following, "You know there no doubt as to the authenticity of the Confession of Faith, ascribed to Lord Bacon. I am perplexed with it. Was he \Vlnt inference would Hume have drawn from eriousl I mean serious all through? DOPS he mean it for a tentamen ill" And in a m:tnusrri|>t kindly rommmiii ated In me by Mr. Marker, tin- doctor says, "that Bacon admitted tin fmin the prayer made by him when Chancellor of England, and from various passage* dm -trine nf the Trinity, is of the most unequivocal and emphatical kind in his Confession of Faith.
i ?
<tvii>ux,
* The same, I Rehqu Wotton
think,
who was committed

Dr. Tenison.
to the
Tower, having taught Hoskins
his allusion to the Sicilian Veipert.
ttee
p. 434.
398
EDITOR S PREFACE.
AN ADVERTISEMENT TOUCHING THE CONTROVERSIES OF THE CHURt H OF ENGLAND.

This was
title
:
first
1 published in the year 1641, without the author s name.
The
following
is
the
A
As
it
Wise and Moderate

concerning
Discourse,
Church
Affaires,
fa
was written, long since, by the mous Authour of those Consi

derations, which seem have some reference
to this. to
Now
published for the
common
good.
Imprinted in the yeere 1641.
was next published with the present title, in the Resuscitatio. In this tract upon Church Controversies, an arrangement, although not formerly declared, may, as in the Sylva Sylvarum, 9 easily be perceived. 3 The method, with a few extracts well worthy
It
the consideration of ecclesiastical controversialists,
is
as follows
IL
I.
RELIGIOUS CONTROVERSIES WILL EXIST, AND PARTICULARLY IN TIMES OF PEACE.
II. 1.
NATURE OF RELIGIOUS CONTROVERSIES.

High
nature.
When
men
the
fiery trial
of persecution
trial,
ceaseth,
there succeedeth another

s faith.
which, as it were, by contrary blasts of doctrine doth sift and winnow
The high mysteries of faith The great parts of the worship

2.
41S
of
God
ib.
Minor nature, ceremonies, and things indif ferent, or those parts of religion which per
tain to time, not to eternity
ib.
sies of tne
There is a copy in the British Museum, and MSS. Ays. 4263 In Blackburne s edition, vol. i. 192, he thus notices this tract Next follows an Advertisement touching the controver Church of England, p. 418. This treatise was originally printed in the year 1641, without the author s name and under u different title called, A wise and moderate discourse concerning church affairs ; as it was written long since, by
1
"
"
the famous author of those considerations, which seem to have some reference to this." It is plain from p. 428, that it wa wrote in the reign of Queen Elizabeth. Dr. Bancroft had collated and corrected this piece in more than a hundred placet: and I am to ask the reader s pardon for mislaying the copy containing these his farther emendations.
P. 419, P. 420, P. 423,
P. 424, P. 428,
1. 1. 1. I. 1. 1. 1.
23, parts, r.
6,
some
things, his.
zeal,
r.
hate.
resemble, r. agree. 33, r. pretend zeal. 39, r. seduce the people. 3, exercise, r. waste.
38,
18, r.
P. 429,
grope
for.
So that I conceive abundant justice is done to this part of our noble author s works. Dr. Rawley, in his address to the Reader, in the Sylva Sylvarum, gays" I have heard his lordship gay also, that one great reason why he would not put these particulars into any exact method, (though he that looketh attentively into them shall find that they have a secret order, wag, because he conceived that other men would now think that they could do the
2
like."
The following
Controversy.
is
an analysis of
1.
this subject, at all times of
importance, but particularly to a Christian in ChriitiM
2.
3.
4.
Religious controversies will exist, and particularly in times of peace. Nature of Religious Controversies. Virtues of Religious Controversies. 1. Christian Forbearance. 2. Christian Demeanor. 3. Christian Language. Vices in Controversies. 1. The Vices of the Clergy. 2. Nature and Humour of Men, 415. 3. Detestation of former Heresy, ib. 4. Imitation of Foreign Churches, 41ft. 3. In their extension, 417. Conduct of Reformers Anti-reformers
.
3.
Unbrotherly Proceedings, 418. By the Possessors of Church Government.
By
4.
the opposers.
419.
Improper Publications,
EDITOR
PREFACE.
vernment; yea, be
greatrr
it
399
other institution* of rvrr most perfect
weight,
is
;
tli;it
is
1IL
VIRTUES IN CHRISTIAN
"Qui
>NTIO)VERSIES
pacem
tractat
tionilius dinsidii, in
non re pi tills i-undimagi* animus liominutn
du lot-dine pads
ponit."
fallit,
quam
acquitate coin-
412
F(>RREARAN( K.
l>i-
..
lllllsTIA*
i
removed most degree* from that and that ever polluted and ble mished, which p:irtici|i!it-th in any appear ance with it. This is a subtile and danger ous conceit for men to entertain apt to delude themselves, more apt to delude the people, and most apt of all to calumniate
i-.
which church
I., awifi to hear, slow to very man speak, slow to wrath
their adversaries
,
410
ib
4. Imitation of
Foreign Churches
2.
CHRISTIAN DEMEANOR.
CHRISTIAN LANOUAOI If we did but know
iA,
2.
IMPROPER EXTENSION OF CONTROVERSY.

1.
3.
2.
Conduct of Reformers Conduct of Anti-reformers

Again, to my lords the bishops I say, that it is hard for them to avoid blame, in the opinion of an indifferent person, in standing
417
ti>.
the virtue of silence
and slowness to speak, our controversies of thenm-lves would close and grow up to
gether Brother,
ib.
if
so precisely
that
which you
set
assertion, you would deliver by vice, there were reverence due to

sel,
down as an way of ad
your coun
leges, upon altering nothing novis legihus non recreatK, acescunl;" laws, not refreshed with new laws, wax sour.
:
"
whereas
feeling
faith is
not due to your affirma
tion.
Christian will express in his

:
Qui mala non permutat, in bonis non perwithout change of ill, a man can not continue the good. To take away many abuses, supplanteth not good orders, but esta"
severat:"
words a character of zeal or love although we are not to contend coldly about things which we hold dear. 413
Impropriety
"
of wit
in religious
contro
serii
versy,
et
joci."
Non
est
major confusio, quam
Morosa moris retentio, res contentious est, seque ac novitas of customs is a turbulent thing, as retaining well as innovation. A good husband is ever pruning in his vineyard or his field ; not
blisheth them.
"
turbulenta
;"
should be answered, but not by be coming like unto him

fool
ib.
unseasonably, indeed, not unskilfully, but lightly ; he findeth ever somewhat to do. ... I pray God to inspire the bishops with a fervent love and care of the people ; and that they may not so much urge things in con troversy, as things out of controversy, which
all
ib
men
confess to be gracious and good. ...
418
IV.
VICES IN CONTROVERSIES. IN THE OCCASIONS. 1. The Vices of the Clergy. The imperfections in the conversation and
1.
3.
UNBROTHEHLT PROCEEDINGS. 1. Hy the possessors of church government. Their urging of subscription to their own
. .
ib.
government of those which have chief place in the church, have ever been principal causes and motives of schisms and divisions. For, whilst the bishops and governors of the church continue full of knowledge and good
morbos Ecclesiae," which otherwise would spend and exercise themselves. Non consensum
articles, is
but
"
lacessere, et irritare
"
works
whilst
they deal with
the secular
states in all liberty and resolution, according to the majesty of their calling, and the pre
sed dissidium, qui, quod factis prsestaHe seeketh not unity, tur, in verbis exigit." but division, which exacteth that in words, which men are content to yield in action.
(jii.Trit
I
know
restrained
I
governments are better

of his mind that said,
cious care of souls imposed upon them, so situated" ax it were long the church is
than remiss; and

Better
am
no man maketh question of upon The hu it, or seeketh to depart from it.
"
hill
;"
of the friars did, for a great time, maintain and bear out the irreligion of bishops
mility
is it to live where nothing is lawful, than where all things are lawful. I dislike that laws should not be continued, or dis turbers be unpunished but laws are likened
:
to the
grape, that being too
much
pressed
and prelates
2.
Prejudices of particular men The universities are the seat or the conti nent of this disease, from whence it is derived
into the realm
414 415
yields a hard and

2.
unwholesome wine.
The
1.
opposers of church government. Supposition of exclusive perfection
420
ib,
2.
ib. ib,
Their manner of preaching
3.
Detestation of former heresy This manner of apprehension doth in
some
In not acting equally in liberty or restraint ib. 4. Indiscriminate statements 42 1 5. Mode of handling Scripture ib
3.
6.
degree possess many in our times. They think it the true touchstone to try what is
Great reliance on
trifles
ib
good and
less
evil,
by measuring what
op|K>site
to
it
more or the institutions of the Church

is
it
.IMPROPER PUBLICATION* The press and pulpit should
t&
of Rome, be
1
ceremony, be
policy, or goin the spirit
Fuller sayi,
"
The Holy Ghost descended not

spirit
be freed and discharged of these contentions ; neither pro motion on the one side, nor glory and heat on the other side, ought to continue thoM
challenges and cartels at the cross.
a vulture, but in the
of a
dove."
400
EDITOR
PREFACE.
IN
THE CHARACTERS OF A BELIEVING CHRISTIAN

This tract, published as and in 1730 in Blackburn
doubtful.
it
PARADOXES AND SEEM
ING CONTRADICTIONS.
seems
in the year
s
edition of Lord
Bacon
Ki45, was, in 1618, inserted in the Remains, s works. 1 Its authenticity seems to be very
It was inserted in Blackburn s edition, after the following notice: "The following fragments were never acknowledged by Dr. Rawley, among the genuine writings of the Lord Bacon; nor dare I say that they come up to the spirit of penetration of our noble author. However, as they are vouched to be authentic in an edition of the Remains of the Lord Verulam, printed id IN; and as Sancroft has reflected some credit on them by a careful review, having in very many in Archbishop
stances corrected and prepared them for the press, among the other unquestioned writing of his lord ship; for these reasons I have assigned them this place, and left every reader to form his own judg ment about their importance :* and in a letter from Dr. Parr to his legatee and biographer, E. H.
it is, however, well known, that some of his Barker, the doctor says, fragments were not acknow ledged by Dr. Rawley to be genuine, though vouched to be authentic in an edition of the Remains of Lord Verulam, printed in 1G48, and though examined, corrected, and prepared for the press by Archbishop Sancroft among the other unquestionable writings of Bacon. Among those fragments are the Characters of a believing Christian, in paradoxes and seeming contradictions, compared with
"
the copy printed Lond. 1645. The paradoxes are thirty-four; but it is sufficient for my purpose to quote the 2d and 3d. After frequent and most attentive perusal, I am convinced that these Fragments were written by Bacon, and intended only for a trial of his skill in putting together propositions, which a pear irreconcileable, and that we ought to be very wary in drawing from such a work any Bacon perhaps was sincere, when positive conclusions upon the real and settled faith of Lord Bacon.
i
he said,
had rather believe

fool,
all
the fables in the Legend, and the
Talmud, and the Alcoran, than
that this universal frame is without a mind.
remark upon the
who
these things for a trial 8 persuaded of them.
But to many parts of the paradoxes we may apply his said in his heart, but did not think There is no God. He rather said of skill, as the fool talked by rote, than that he really believed them, or was
I subjoin the evidence, external and internal, which I have been able to discover in favour and in opposition to their authenticity. The following are the external reasons against their authenticity 1st, Soon after Lord Bacon s death there were various spurious works ascribed to him, with which the Remains abound. 3 2dly,
This tract is not recognised by Dr. Rawley, who in his address to the reader in his Resuscitatio, does not mention it amongst the theological works which he enumerates, although he says, I have com piled in one whatsoever bears the true stamp of his lordship s excellent genius, and hath hitherto
"
1 In Dr. Parr s annexed letter, it appears to have been published in 1645; and in Vol. I. of Blackburn s edition, he says, speaking of Archbishop Bancroft, to the characters of a believing Christian in paradoxes, &c. compared with the other copy printed in 1615, I have not been able to see a copy of the tract published in 1615. B. M. 2 See Bacon s Essay on Atheism. Dr. Parr does not speak with as much confidence in a letter to Mr. C. Butler, published in the second volume of Butler s What shall we say to the Character of a Reminiscences, page 233, where he says, "But now conies a real difficulty. Here I am quite at a loss to determine. If an ingenious man believing Christian in paradoxes and seeming contradictions ? means to deride the belief of Christianity, could he have done it more effectually than in the work just now alluded to? Mr. Hume would say No. There is some uncertainty as to the authenticity of this little tract. I suspect that Bacon meant to try his strength, and then to return quietly to the habitual conviction of his mind, that Christianity is true." 3 In Rawley s Epistle to the Reader in the Resvfdtatio, he says, for some of the pieces, herein contained, his lordship did not aim at the publication of them, but at the preservation only, and prohibiting them from perishing, so as to have been reposed in some private shrine, or library: but now, for that, through the loose keeping of his lordship s papers, whilst he lived, divers surreptitious copies have been taken; which have since employed the press with sundry corrupt and mangled editions ; whereby nothing hath been more difficult than to find the Lord Saint Alban in the Lord Saint Alban; and which have presented (some of them) rather a fardle of nonsense, than any true expressions of his lordship s happy vein ; I thought myself in a sort tied to vindicate these injuries anil wrongs done to the monuments of his lordship s pen; and at once, by setting forth the true and genuine writings themselves, to prevent the like invasions for the time to come." And Archbishop Tenison says, "This general acceptance of his works has exposed him to that ill and unjust usage which is common to eminent writers. For on such are fathered, sometime spurious treatises; sometimes most corrupt copies of good originals; sometimes their essays and first thoughts upon good subjects, though laid aside by them unprosecuted and uncorrectcd; and sometimes the very toys of their youth, written by them in trivial or loose arguments, before they had arrived either at ripeness of judgment, or sobriety of temper. The veriest straws (like that of Father Garnet) are shown to the world as admirable reliques, if the least strokes of the image of a celebrated author, does but seem to be upon them. Tlic press hath been injurious in this kind to the memory of Bishop Andrews, to whom it owed a deep and solemn revelence. In such an unbecoming manner it hath dealt, long ago, with the very learned and ingenious author of the Vulgar f.rrors. Neither hath the Lord Bacon gone without his share in this injustice from the press. He hath been ill dealt with In the letters printed in the Cabala, and Si rinia, under his name: for Dr. Rawley professed, that though they were not This I believe the rather, havinc lately compared some wholly (kin, yet they were very corrupt and embased copies. And to make a particular instance ; in com original letters with the copies in ihat ollertion, and found them imperfect. paring the letter of Sir Walter Raleigh to Sir Robert Car, of whom a fame had gone that he hail begged his estate; I found no fewer than forty different, of whirli some were of moment. Our author hath been still worse dealt with, in a pamphlet \n octavo, conrernini: the trial of the Earl and Countess of Somerset and likewise in one in quarto, which beareth the tale of Bacon s Remains, though there cannot be spied in it, so much as the ruins of bis beautiful genius."
"
"
IMMTVK.
1c|)t,
-.UK!
(<i
401
hern suppressed,
of
iiiniiieiit, ;unl
in lliis present
i
volume,
tint
f.iiiml
(J.i.l
!>e
Mininiinie;i!i!e to tin- public, s;ive mil y

at ier
fl!nw."
s f.iviiiir
I
ami su;ler.mce, shall sim u
Am!
leaving :my thing to a future hand, which I s"iue few I,;itin wnrks, which hy in annther part of the same address ho
<!"iic
tli
of his lordship s pen; and at CUKV. prevent like invasions for the time to
|Mi!ilished the Iliifnniiinii in
1
( >?:.
the monuments Might myself in a sort tied to vimlicate these injuries and wr"ii _ s !;v s.-tMn^r forth the true and genuine Writing! tin msflves, to e. idly, It is not noticed hv Archhishop T. nis<.n, uho
i
,
."
arc only these;
Remains;
any MSS.
>-lli^ >i\s, lordsliip s writings upon pious snhjects of Faith, the Question! ahoiit a Holy War, and the Prayers in these and a translation of certain of David s Psalms, into English verse. 1 4thly, There is not of these Par, id-
in
which he
his
onf
^Mon
The
in
loi-:,
external reasons in favour of their authenticity are, 1st, They are published in the lit //K///JV, ami, although they are not recognised, they are not expressly disowned either in li by
..">7
hy Archhishop Tenison, who does expressly repudiate other works ascrihed to l.ord 15. icon. Whether this silence is negative evidence that the Paradoxes are authentic, or that the friend and admirer of Lord Bacon, after having discredited the Remains, did not deem the Paradoxes entitled to a particular refutation, is a question not free from douht, if it can be supposed that Dr. Kawlej and the archbishop were so insincere as, knowing their reality, to express their opinion of Lord Bacon s religious sentiments, and to censure the author of the Remains, without doing him the
Dr. IJawley, or in
I
>7!>
justice to acknowledge that the Paradoxes were authentic. 2dly, Dr. Rawleyand Archbishop Teni son admit that there were other MSS. in existence. 3dly, The authenticity of the Paradoxes is sup posed to have been acknowledged by Archbishop Sancroft; but upon inquiry it will, perhaps, appear ih;it tin? archbishop only corrected the copy which was inserted in the Remains, by comparing 8 it with the first publication in 1C45.
Such is the external evidence. which the thought is expressed.
The
internal evidence is either from the thought, or the
mode
in
The
If a spirit of piety* pervades the
reasons against the authenticity of the Paradoxes, from the nature of the thought, are 1st, Paradoxes, it seems to differ from the spirit which moved upon the
if
mind of Lord Bacon; 5 and

1
the
MSS.
of this Essay, of
which there
is
not any evidence, had been
Baconians, page 72. 2 I venture to assert I should be happy to have my error corrected. this, for I have not been able to find a MSS. 8 Blackburn, in the fourth volume of his edition of Bacon, A. D. 1730, p. 438, gays, "Archbishop Bancroft has reflected oine credit on them by a careful review, having in very many instances corrected and prepared thorn for the press: among the other unquestioned writings of his lordship, I annex some of the passages from Blackburn, where Archbishop Sancroft ia mentioned. "Our noble author s letters in the Resuscitatio are in full credit; and yet these are in many instances rurrected by Dr. Sancroft, and that uncontestably from MSS. ; because the author s subscription, under that prelate s hand, is in several particulars added, as N. X. Your lordship s most humbly in all duty. N. XI. Your lordship s in all humbleness to be commanded. I say I conceive it evident, that these subscriptions to the printed copy of 1657, do ascertain the addi tions to be made from original MSS., since they could not be added upon judgment or conjecture, but must be inserted from authority. And this gives sanction to the emendations of these letters contained in the Resuscitatio ; so that I may pre sume think this present edition U even more exact than what Dr. Rawley himself published. Blackburn, vol. i. p. 193. In page 458, of vol. iv., he say?, have added some fragments from the quarto edition of the Remains printed in 1648. That copy has been deservedly treated with great indignation and contempt ; being notoriously printed, in a surreptitious and negligent manner. However, I do not remember a single page in this scandalous edition, excepting these fragments and the essay of a king, which does not appear in a more correct dress in some part or other of our noble author s works. This eems to give them a little credit ; and Dr. Sancroft having corrected them with so much diligence, as to distinguish where h* has done it from printed copies, I have some cause to apprehend that the other copies were amended by unquestionable MSS. of our noble author. The order they appear in is, 1. An Explanation what manner of persons those should be, that are to execute th power or ordinance of the king s prerogative, p. 3. This ia corrected in very many places. 2. Short note* for civil conversation, p. 6, interlined in many places, with apt divisions, not observed in the edition of 1648. 3. An Essay on Death, ti. 7. This is likewise corrected in very many places, and subdivided as if done from MSS., and made a new work. 4 Tin- Characters of a believing Christian, \n paradoxes and seeming contradictions. This in terms of abatement under the arrhliMiop s own hand stands thus: Compared with the other copy, printed Land, anno, 1645. 5. A Prayer, corrected only in two places, which I must confess does not appear to be cast in the same mould with that printed above, p. 447." 4 In the The following is a copy of the year ITO 2, the third edition of a penny tract of the characteristics was published. title page of this tract Characteristics of a Believing Christian in Paradoxes and Seeming Contradictions. By Francis Huron, H;ir,iM of Verulani, Vise mint of St. Alban, and Lord High Chancellor of England, with a preface by a clergyman. The Third Edition. London, printed by M. I,ewi, in Paternoster Row, 1762, (price one penny.) The following is the pre face lii order to prevent a iiii*ri>nlniriion of the following paradoxes, it may be needful to inform the reader, that when riirliilv ron-ii.|,.ie<|, they are no ways ludicrous, sarcaslical, or prophane, but solid, comfortable, and godly truths, l luuht w.-ll understood the II. .U l.ho-t ill the M li.i| .if HTjeriMkM, them who am truly Christian*. I do not say,th:it every f them, hath not in Clinst cm understand them all, but this 1 think I may venture to affirm, he that understand* noi 6,1 in the -, of Christ. But if any should ask me, why I choose to publish his lordship s paradoxes jet l,- irm-.l Ins A. II -r-rather than m. oih-r I answer 1st, Because, though very comprehensive, yet they are but slmit, and may th. easily |nir, hised by tin- poorer sort of Christians, ally, That the minute philosophers and ignoble gentlemen of our day since we find miirlit henre !.. taught, that a line gentleman, a sound scholar, and a great philosopher, may lie a Christian Imi even in our own nation, so great a philosopher as my Lord Bacon, espousing and ii.it only I il. a .lu.-iin .Murtvr, \ the ChrHti.in verity. In a word, reader, if thoii un.lerstandest these few paradoxes, bless God for them; If thou uiiderstandi-st them not. thoii niaye<t, like the A. unurA, call in some Philip to thy assistance but above all permit m t-i MhriM thce to aik of the Father of I am, for Christ s sake, thy lights, who giveth wisdom liberally and upbraideth not. K. CREEN. fn. -nd and servant, Take any, for instance Paradox 34. His advocate, his surety shall be his judge ; his mortal part shall become imuuiri"
"I
l>y
"<!
b>
<
.i
"
VOL.
II.
51
2 L
-2
402
EDITOR
PREPACK.
found amongst the papers of Lord Bacon, would it not be more probable that they were the effusion of one of his pious friends, Herbert for instance, than that they were Lord Bacon s own production! 2d. If the Paradoxes are supposed to be polluted by an under current of infidelity, the very supposi tion is evidence against their authenticity, for this lord was religious, and was able to render a rea He repaired frequently to the service of the church, to hear son of the hope which was in him. 1 sermons, to the administration of the sacrament of the blessed body and blood of Christ, and died in
"
the true faith, established in the
Church of
England."
internal evidence against the authenticity of the Paradoxes from the style is, that 1st, in style, are in opposition to the whole tenor of Lord Bacon s works, which endeavours to
The
They,
make
doubtful things clear, not clear things doubtful. 8 2d, The style of the Paradoxes, if they are sup posed to contain an indirect attack upon Christianity, are in opposition to Lord Bacon s opinion of
the proper style for religious controversy. To search, he says, and rip up wounds with laughingcountenance, to intermix Scripture and scurrility sometimes in one sentence, is a thing far from the devout reverence of a Christian, and scant beseeming the honest regard of a sober man. Non est major
"
quam serii et joci. There is no greater confusion than the confounding of jest and earnest. The majesty of religion, and the contempt and deformity of things ridiculous, are things as distant as things may be. Two principal causes have I ever known of atheism curious controversies, and pro fane scoffing. 3d, They have not any resemblance to the style of Lord Bacon they are neither poetical,
conftisio
; ;
adorned by imagery,* nor learned, enriched by rare quotation
nor familiar, illustrated by examples,*
and glory ; and a finite creature shall ; and what was sown in corruption and defilement shall be raised in incorruption "Remember, O Lord, how thy servant possess an infinite happiness. Glory be to God." Compare this with his prayer. h:ith walked before thce remember what I have first sought, and what hath been principal in my intentions. I have loved I have delighted in the brightness of thy sanctuary. This thy assemblies : I have mourned for the divisions of thy church vine which thy right hand hath planted in this nation, 1 have ^ver prayed unto thee, that it might have the first and the latter The state and bread of the poor and oppressed rain; and that it might stretch her branches to the seas and to the floods. have been precious in mine eyes: I have hated all cruelty and hardness of heart: I have, though in a despised weed, proC ired the good of all men. If any have been my enemies, I thought not of them ; neither hath the sun almost set upon my displeasure ; but I have been as a dove, free from superfluity of maliciousness. Thy creatures have been my books, but thy scriptures much more. I have sought thee in the courts, fields, and gardens, but I have found thee in thy temples." 1 So in the Religio Medici, Sir Thomas Brown says, For my religion, though there be several circumstances that might perswade the world I have none at all, as the general! scandal of my profession, the natural course of my studies, the indifferency of my behaviour, and discourse in matters of religion, neither violently defending one, nor with that common ardour and contention opposing another ; yet in despight hereof I dare, without usurpation, assume the honorable stile of a Chris tian ; not that I meerely owe this stile to the font, my education or clime wherein I was borne as being bred up either to confirme those principles my parents instilled into my unwary understanding; or by a generall consent proceed in the
tal
: :
"
my countrey. But having, in my riper years, and confirmed judgment seene and examined all, I find myselfe obliged by the principles of grace, and the law of mine owne reason to embrace no other name but this ; neither doth herein my zeale so fare make me forget the generall charitie I owe unto humanity, as rather to hate than pity Turkes, Infidels and (what is worse) Jewes, rather contenting myself to enjoy that happy stile, than maligning those who refuse so glorious a
religion nf
title."
2 Such are the words of Dr. Rawley. s In some endeavour not to inflate trifles into marvails, but to part of his works, I do not recollect where, he says, reduce marvails to plain things and Rawley, in his life of Lord Bacon, says, "In the composing of his books he had rather drive at a masculine and clear expression, than at any fineness or affectation of phrases, and would often ask if the meaning were expcessed plainly enough, as being one that accounted words to be but subservient, or ministeriall to matter; and nut the principall. And it his stile were polite, it was because he could do no otherwise; neither was he given to any liirht conceits ; or descanting upon words, but did ever, purposely and industriously avoyd them ; for he held such things to be but digressions or diversions from the scope intended.; and to derogate from the weight and dignity of the stile." 4 As a specimen of his mode of illustrating by imagery, see the Advancement of Learning, vol. ii. page 177. In Orpheus s theatre, where all beasts and birds assembled ; and, forgetting their several appetites, some of prey, some of game, some of quarrel, stood all sociably together, listening to the airs and accords of the harp; the sound whereof no sooner ceased, or was drowned by some louder noise, but every beast returned to hig own nature wherein is aptly described the nature and condition of men, who are full of savage and unreclaimed desires of profit, of lust, of revenge ; which as long as they give ear to precepts, to laws, to religion, sweetly touched with eloquence and persuasion of books, of sermons, of harangues, so long is society and peace maintained ; but if these instruments be silent, or that sedition and tumult make them not audi
"I
:"
"
ble, all things dissolve into
anarchy and
confusion."
5 In the Treatise De Augmentis, lib. v. 2, upon literate experience or invention, not by art but by accident, he says, speak It is not alto ing of the error in supposing that experiments will succeed without due consideration of quantity of matter, gether safe to rely upon any natural experiment, before proof be made both in a lesser, and greater quantity. Men should remember the mockery of -dEsop s housewife, who conceited that by doubling her measure of barley, her hen would daily As specimens of his familiar illustration, see also the Advance lay her two eggs ; but the hen grew fat, and laid none." ment of Learning, when speaking of studies teeming with error, he says, "Surely to alchemy this right is due, that it may be compared to the husbandman whereof JEsop makes the fable; that, when he died, told his sons, that he had left unto them gold buried under ground in his vineyard; and they digged overall the ground, and gold they found none: but by reason of their stirring and digging the mould about the roots of their vines, they had a great vintage the year following: so assuredly the search and stir to make gold hath brought to light a great number of good and fruitful inventions and experi See again in exhibiting the nature of the philoso ments, as well for the disclosing of nature as for the use of man s life." Philosopha Prima," the connection between all parts of nature, he says, "Is not the delight of the phy of universals, quavering upon ? stop in music, the same with the playing of light upon the water 1
" "
"
Splendet tremulo sub lumine pontus:
"See vol.
i.
p. 194.
"it
I could willingly indulge myself with the selection of other instances, but granted to love ai.d to be wise," I stop.
remembering the admonition that
is
not
DITOR S PREFACE.
403
as the Novum as in most of his philosophical works; nor written pressly 1 and weight! y, Organuiu hut they seem remarkable only fur antithesis, something like Fuller, without his spirit a sort of dry Fuller, or, as he would say, Fuller s earth: or like the Essay on Death, published also in
:
:
the Remains, and ascribed without authority to the same illustrious author. The evidence in favour of the authenticity of the Paradoxes, from the style,
"
is,
that
1.
Aphorisms
are the favourite style of Lord Bacon. 4 2. The paradoxes contain two of Lord Bacon s expressions; Me is often tossed and shaken, yet is as Mount Sion : the one is in the beginning of the 26th Paradox, He lends and gives most freely, and he is a serpent and a dove." 5 The other in the 10th Paradox.
"
6 3d. Tlwt although the Paradoxes do not contain any patent inter yet he is the greatest usurer." nal evidence of their authenticity, yet there is latent evidence from the dissimilarity of the style, as
Lord Bacon, knowing how to discover the mind through words, 7 well knew the art of concealment, by which he could cast a cloud about him so as to obscure himself from his enemies. To this refined reason which, without proving the authenticity of the Paradoxes, shows only that, by possibility, they may be authentic, it is sufficient to say that, as they were not published or intended for publica tion, it seems difficult to discover any assignable cause for this mys tery.
CONSIDERATIONS TOUCHING THE PACIFICATION OF THE CHURCH.

This was published
a
in 1640,
and there are copies
in the British
Museum, and
at
Cambridge
and
MSS.
in Sloane s Collection, 23.
THE TRANSLATION OF CERTAIN PSALMS.

This was published
in 8vo. in 1625,
and
in the Resuscitatio.
HOLY WAR.
This was written and published in
4to. in 1623,
and in 1629
and there are
MSS.
in the British
Museum.
1 Ben Jonson in his Discoveries says, Dominus Verulamiui. One though he be excellent, and the chief, is not to imitated alone ; for no imitator ever grew up to his author likeness is always on this side of truth ; yet there happened in my time one noble speaker, who was full of gravity in his speaking. His language (where he could spare or pass by n jest) was nobly censorious. No man ever spake more neatly, more pressly, more weightily, or suffered less emptiness, less idle but consisted of his own graces. His hearers could not cough, or look ness, in what he uttered. No member of his aside from him without loss. He commanded where he spoke ; and had his judges angry and pleased at his devotion. No IIKIII had their affections more in his power. Vhe fear of every man that heard him was lest he should make an end. 2 Take for instance any of the Nervous Aphorisms, in the Novum Organum, and compare it with the sentences of the
t>e
<>i/eech
Paradoxes. Bee Preface to vol. I. * No man A plain, unadorned style In was, for his own sake, less attached to system or ornament than Lord Bacon. aphorisms, in which the JVbcum Organum is written, is, he invariably states, the proper style for philosophy. In tnc midst of his own arrangement, in the Advancement of Learning, he says "The worst and most absurd sort of triflers are those who have pent the whole art into strict methods and narrow systems, which men commonly cry up for the sake of their regu
:
larity
and
style."
Then
see
Advancement of Learning.
5 This union of the serpent and the dove is a favourite image of Lord Bacon s. See the Advancement of Learning, vol. I. p. 223: is not possible to join serpentine wisdom with the columbine innocency, except men know exactly all the conditions of the serpent ; his baseness and going upon his belly, his volubility and lubricity, his envy and sting, and the lest ; that is, all forms and natures of evil for without this, virtue lieth open and unfenced." See also the Meditationei of the innocency of the dove, and the wisdom of the serpent." Bacrte, See Apophthegm 148, in vol. i. p. 115, it is a* follows : "They would say of the Duke of Guise, Henry, that had sold and oppignerated all his patrimony, to suffice the great donatives that he had made ; that he was the greatest usurer of France, because all his state was in obligations." 7 See Treatise De Augmentis, b. vi. c. 1, $ II.
"It
:
"
THEOLOGICAL TRACTS.
A
PRAYER, OR PSALM,
LORD BACON, CHANCELLOR OF ENGLAND.

MOST
from
gracious Lord God, my merciful Father, youth up, my Creator, my Redeemer, Comforter. Thou, Lord, soundest and
so secret darts from thee have pierced ire; and when I have ascended before men, I have de
my
my
searchest the depths and secrets of all hearts : thou acknowledges! the upright of heart : thou judgest the hypocrite: thou ponderest men s
scended in humiliation before thee. And now, when I thought most of peace and honour, thy hand is heavy upon me, and hath humbled me according to thy former loving-kindness, keeping
thoughts and doings as in a balance thou measurest their intentions as with a line vanity and crooked ways cannot be hid from thee.
: :
Remember,
Lord,
how
thy
servant hath
me still in thy fatherly school, not as a bastard, but as a child. Just are thy judgments upon me for my sins, which are more in number than the sands of the sea, but have no proportion to thy
mercies
;
walked before thee: remember what I have first sought, and what hath been principal in my in tentions. I have loved thy assemblies: I have mourned for the divisions of thy church I have in the brightness of thy sanctuary. This delighted vine, which thy right hand hath planted in this nation, I have ever prayed unto thee, that it might have the first and the latter rain and that it might stretch her branches to the seas and to the floods. The state and bread of the poor and oppressed have been precious in mine eyes I have hated all cruelty and hardness of heart: I have, though in a despised weed, procured the good of all men. If any have been my enemies, I thought not of them; neither hath the sun almost set upon my displeasure; but I have been as a dove, free from superfluity of maliciousness. Thy creatures have been my books, but thy Scriptures much more. I have sought thee in the courts, fields, and gardens, but I have found thee in thy temples. Thousands have been my sins,and ten thousands my transgressions but thy sanctifications have re mained with me, and my heart, through thy grace, lintli been an unquenched coal upon thine altar. () Lord, my strength, I have sinre my youth met with tliee in all my ways, by thy fatherly comcomfortable chastisements, and p-is<inns, by thy by thy most visible providence. As thy favours have increased upon me, so have thy corrections
:
for
what
are the sands of the sea, earth,
heavens, and all these are nothing to thy mercies. Besides my innumerable sins, I confess before thee, that I am debtor to thee for the gracious
talent of thy gifts and graces, which neither put into a napkin, nor put it, as
to
I
I
have
exchangers, where it but misspent it in things for which I was least fit: so I may truly say, my soul hath been a stranger in the course of my pilgrimage. Be merciful unto me, Lord, for my Saviour s sake,
profit,
ought, might have made best
and receive
thy way.
me
into thy
bosom, or guide
me
in
A PRAYER
MADE AND USED BY THE LORD CHANCELLOR BACON
O eternal God, and most merciful Father in Jesus Christ: Let the words of our mouths, and the meditations of our hearts be now and ever gracious in thy sight, and acceptable unto thee, Lord, our God, our strength, and our Redeemer.
O
eternal
God, and most merciful Father
in
Jesus Christ, in
whom
thou hast
BO as thou hast \ôn always near me, Lord; nd ever as my worldly blessings were exalted,
of grace and mercy with all thee in him ; in his name and mediation we hum throne of thy bly prostrate ourselves before the
made a covenant those that come unto
mercies seat, acknowledging that, by the
brei
405
406
of
all
PRAYERS.
to
life, may be truly born anew, and be effectually made partakers of the first re surrection, that then the second death may never have dominion over us. Teach us, O Lord, so to number our days, that we may apply our hearts unto wisdom; make us ever mindful of our last
thy holy laws and commandments, we are olive branches, strangers to thy co venant of grace; we have defaced in ourselves
newness of
become wild
may
thy sacred image imprinted in us by creation ; we have sinned against heaven and before thee, and are no more worthy to be called thy children.
admit us into the place even of hired servants. end, and continually to exercise the knowledge of Lord, thou hast formed us in our mothers wombs, grace in our hearts, that in the said divorce of soul thy providence hath hitherto watched over us, and and body, we may be translated here to that king
stay not dom of glory prepared for all those that love thee, preserved us unto this period of time the course of thy mercies and loving-kindness and shall trust in thee; even then and ever, O towards us have mercy upon us, O Lord, for thy Lord, let thy holy angels pitch their tents round dear Son Christ Jesus sake, who is the way, the about us, to guard and defend us from all the malice
: :
truth,
and the
life.
In him,
Lord,
we appeal
from thy justice his name, and

all
to thy mercy, beseeching thee in for his sake only, thou wilt be
of Satan, and from all perils both of soul and body. Pardon all our unthankfulness, make us daily more
and more thankful
for all thy
mercies and benefits
graciously pleased freely to pardon and forgive us our sins and disobedience, w hether in thought, word, or deed, committed against thy divine ma
jesty ; and in his precious blood-shedding, death, and perfect obedience, free us from the guilt, the s.tain, the punishment, and dominion of all our sins, and clothe us with his perfect righteousness. There is mercy with thee, O Lord, that thou mayest be feared ; yea, thy mercies swallow up the great ness of our sins: speak peace to our souls and
Let these our hum daily poured down upon us. ble prayers ascend to the throne of grace, and be granted not only for these mercies, but for what soever else thy wisdom knows needful for us; and
for all those that are in need, misery, and distress, whom, Lord, thou hast afflicted either in soul 01
body
; grant them patience and perseverance in the end, and to the end: And that, O Lord, not for any merits of ours, but only for the merits
consciences
us happy in the free remission of all our sins, and be reconciled to thy poor ser vants in Jesus Christ, in whom thou art well
;
make
of thy Son, and our alone Saviour Christ Jesus ; to whom with thee and the Holy Spirit be ascribed
all
glory, &c.
Jlmen.
pleased
suffer not the

;
works of thine own hands
to perish
thou art not delighted in the death of sinners, but in their conversion. Turn our hearts, and we shall be turned ; convert us, and we shall
be converted
THE STUDENT S PRAYER.

the Father,
pour forth most humble and hearty supplications; that he remembering the calami that we may daily grow in the saving Holy Spirit, ties of mankind, and the pilgrimage of this our knowledge of the heavenly mystery of our redemp life, in which we wear out days few and evil, tion, wrought by our dear Lord and Saviour Jesus would please to open to us new refreshments out Christ; sanctify our wills and affection by the of the fountains of his goodness, for the alleviating same Spirit, the most sacred fountain of all grace of our miseries. This also we humbly and ear and goodness; reduce them to the obedience of that human things may not prejudice nestly beg, thy most holy will in the practice of all piety such as are divine; neither that from the unlock toward thee, and charity towards all men. Inflame ing of the gates of sense, and the kindling of a our hearts with thy love, cast forth of them what greater natural light, any thing of incredulity, or thee, all infidelity, hardness of heart, displeaseth intellectual night, may arise in our minds towards contempt of thy holy word divine profaneness, hypocrisy, But, rather, that by our mind mysteries. and ordinances, all uncleanness, and whatsoever thoroughly cleansed and purged from fancy and advanceth itself in opposition to thy holy will. And vanities, and yet subject and perfectly given up grant that henceforth, through thy grace, we may to the divine oracles, there may be given unto be enabled to lead a godly, holy, sober, and Chris Jlmen. faith the things that are faith s. tian life, in true sincerity and uprightness of heart
before thee.
illuminate the eyes of our ; and understanding with the bright beams of thy
To God minds Spirit, we
God
the
Word, God
the
To this end, plant thy holy fear in our hearts, grant that it may never depart from before our eyes, but continually guide our feet in the paths of thy righteousness, and in the ways
of thy
grant
THE WRITER
Thou,
PRAYER.
commandments
increase our
weak
faith,
it may daily bring forth the true fruits of unfeigned repentance, that by the power of the death of our Lord and Saviour Jesus Christ we summation of thy workmanship, be pleased to may daily lie unto sin, and by the power of his protect and govern this work, which coming from Thou after resurrection we may be quickened, and raised up thy goodness, returneth to thy glorv.
Father, who gavest the visible light as the first-born of thy creatures, and didst pour into man the intellectual light as the top and con
A
thou hadst
CO\n>sl,)N
OF FAITH.
407
works which thy hands partakers of thy vision and thy Sahhath Wo had made, hehrldr-t that every thing \\ .1^ \M\ hiimhly beg that this mind may he steadfastly in rood, and th iu didst rest with complacency in us; and that thou, by our hands, and also by the them. Hut man, rell.-eting on the works which hands of others, on whom thou shall bestow the h. had made, saw tli.it ,ill was vanity and \v\a- same spirit, wilt please to convey a largess of tion of spirit, and could hy no means acquiesce in new alms to thy family of mankind. These tlirm. Wherefore, if we labour in thy works things we commend to thy everlasting love, by with the sweat of our brows, thou wilt make us our Jesus, thy Christ, God with us. Jlmen.
reviewd
the
A CONFESSION OF FAITH,
WRITTEN BY
THE RIGHT HONOURABLE FRANCIS BACON, BARON OF VERULAM,
&c.
BELIEVE that nothing is without beginning, but tery and perfect centre of all God s ways with his no nature, no matter, no spirit, but one, creatures, and unto which all his other works and ; That God, as he is wonders do but serve and refer. only, and the same God. That he chose, according to his good pleasure, eternally almighty, only wise, only good, in his so he is eternally Father, Son, and Spirit, man to be that creature, to whose nature the per nature son of the eternal Son of God should be united; in persons. and amongst the generations of men, elected a I believe that God is so holy, pure, and jealous, as it is impossible for him to be pleased in any small flock, in whom, by the participation of him creature, though the work of his own hands; so self, he purposed to express the riches of his glory ;
I
God
all the ministration of angels, damnation of devils without and reprobates, and universal administration of beholding the same in the face of a Mediator ; and, all creatures, and dispensation of all times, having therefore, that before him, with whom all things no other end, but as the ways and ambages of
that neither angel, or can stand, one
man, nor world, could stand,

in his eyes,
moment
are present, the
Lamb
of
God was
slain before all
God,
to
be further glorified in his saints,
who
are
without which eternal counsel of his, it one with their head the Mediator, who is one with was impossible for him to have descended to any God. That by the virtue of this his eternal counsel work of creation; but he should have enjoyed the blessed and individual society of three persons in he condescended of his own good pleasure, and
worlds
Godhead forever. But that, out of
his eternal and infinite good
ness and love purposing to become a Creator, and to communicate to his creatures, he ordained in his eternal counsel, that one person of the God
according to the times and seasons to himself known, to become a Creator; and by his eternal Word created all things; and by his eternal Spirit doth comfort and preserve them.
That he made all things in their first estate one good, and removed from himself the beginning of that so, in the person all evil and vanity into the liberty of the creature; particular of his creatures of the Mediator, the true ladder might be fixed, but reserved in himself the beginning of all resti whereby God might descend to his creatures, and tution to the liberty of his grace; using, neverthe his creatures might ascend to God so that God, less, and turning the falling and defection of the by the reconcilement of the Mediator, turning his creature, which to his prescience was eternally
head should he united
to
one nature, and

:
to
countenance towards his creatures, though not in equal light and degree, made way unto the dis pensation of his most holy and secret will whereby some of his creatures might stand, and keep their state, others might possibly fall, and be restored ; and others might fall, and not be restored to their estate, but yet remain in being, though under wrath and corruption: all with which is the great mys respect to the Mediator
: ;
known,
to
make way
to
his
eternal
counsel,
touching a Mediator, and the work he purposed to accomplish in him.

their stand ing,
That God created spirits, whereof some kept and others fell he created heaven and earth, and all their armies and generations; and trave unto them constant and everlasting laws, which we call nature; which is nothing hut the laws of the creation which laws, neverthelei*
:
408
have had three changes
a fourth or
last.
A CONFESSION OF FAITH.
or times, and are to have which were made for man s use, were subdued to The first, when the matter of corruption by his fall but then, that instantly, heaven and earth was created without forms the and without intermission of time, after the word second, the interim of perfection of every day s of God s law became, through the fall of man.
,
work: the third, by the curse, which, notwithstand ing, was no new creation and the last, at the end of the world, the manner whereof is not yet fully revealed so as the laws of nature, which now re main and govern inviolably till the end of the world,
: :
frustrate as
I
to
obedience, there succeeded

faith.
the
greater
word of
the promise, that the righteous
ness of
God might be wrought by
his promise endure the
That as well the law of God, as the word of same forever; but that
began to be in force when God first rested from but received a his works, and ceased to create revocation, in part, by the curse; since which time they change not. That, notwithstanding God had rested and ceased from creating since the first Sabbath, yet, nevertheless, he doth accomplish and fulfil his divine will in all things, great and small, singular and general, as fully and exactly by providence, as he could by miracle and new creation, though his working be not immediate and direct, but by compass not violating nature, which is his own
; ;
they have been revealed in several manners, ac cording to the dispensation of times. For the law was first imprinted in that remnant of light of na
ture,
which was
left after
it
the
fall,
being sufficient
to accuse.
Then
in the written
wasmore manifestly expn SM d law; and was yet more openrd by
the prophets; and, lastly, expounded in the true perfection, by the Son of God, the great Prophet,
!
and perfect interpreter, as also
fulfiller
of the law.
law, upon the creature.
That
at the first, the soul of
man was
duced by heaven or earth, but was mediately from God so that the ways and pro ceedings of God with spirits are not included in nature that is, in the laws of heaven and earth but are reserved to the law of his secret will and grace, wherein God worketh still, and resteth not from the work of redemption, as he resteth trom the work of creation: but continueth work ing till the end of the world what time that work also shall be accomplished, and an eternal sabbath
: :
not pro breathed im
That likewise the word of the promise was mani fested and revealed, first, by immediate revelation and inspiration after, by figures, which were of two natures the one, the rites and ceremonies of the law ; the other, the continual history of the old world, and church of the Jews which, though it
;
: :
pregnant of a perpetual allegory and shadow of the work of the redemption to follow. The same promise or evangile was more clearly revealed and declared by the prophets, and then by the Son himself, and lastly by the Holy
it is
be literally true, yet
Ghost, which illuminateth the church to the end

of the world.
shall ensue. Likewise, that whensoever God doth transcend the law of nature by miracles, whi^h niay ever seem as new creations, he never
cometh
whereto
to that point or pass,
but in regard of the
That in the fulness of time, according to the promise and oath, of a chosen lineage descended the blessed seed of the woman, Jesus Christ, the only begotten Son of God and Saviour of the world ; who was conceived by the power and overshadowing of the Holy Ghost, and took flesh
;
work of redemption, which is the greater, and of the Virgin Mary that the Word did not only take flesh, or was joined to flesh, but was made all God s signs and miracles do refer. That God created man in his own image, in a flesh, though without confusion of substance or reasonable soul, in innocency, in free-will, and in nature so as the eternal Son of God and the ever blessed Son of Mary was one person so one, as sovereignty that he gave him a law and com mandment, which was in his power to keep, but the blessed virgin may be truly and catlmlicly the mother of God. So one as he kept it not; that man made a total defection called Deipera," from God, presuming to imagine that the com there is no unity in universal nature, not that of mandments and prohibitions of God were not the the soul and body of man, so perfect for the three
;
;
"
rules of good and evil, but that good and evil had heir own principles and beginnings, and lusted
heavenly unities, whereof that is the second, ex ceed all natural unities that is to say, the unity
:
knowledge of those imagined beginnings to the end to depend n r*ore upon God s will re d his own light, as a vealed, but upon himselt, god than the which there could not be a sin more opposite to the whole law of God that yet, nevertheless, this great sin -*8 not originally moved by the malice of man, mt was insinuated
after the
;
: :
of the three persons in Godhead the unity of God and man in Christ; and the unity of Christ and the church. The Holy Ghost being the worker
;
of both these latter unities; for by the
Holy Ghost
was Christ
by the suggestion and instigation of the devil, who tne first defected creature, and fell of malice, and not by temptation. That upon the fall of man, death and vanity entered by the justice of God, and the image of Ciod in man was defaced and heaven and earth.
was
incarnate and quickened in flesh ; and by the Holy Ghost is man regenerate and quiekened in spirit. That Jesus, the Lord, became in the flesh a sacrificer and a sacrifice for sin ; a satisfaction and price to the justice of God ; a meriter of ulory and the kingdom ; a pattern of all ri jhtc.Misness ; a a preacher of the word which himself was finisher of the ceremonies ; a corner-stone to re;
CONri ssloN OF FAITH.

1
409
move the separation between .Jew and Gentile; a lord of nature in an intercessor fur tlic church
;
not derogating from his power to call immediand moments ately by his grace, and at all hours
of the day, that
is,
Ins miMcl.-s
a coiinueror of de
itli
of darkness
filled
in Ins
resurrection; and
and the power th.it he ful

j
of
man
s life,
according
to his
good pleasure.
the
whole counsel of God, performing

"ii
all
That the word of God, whereby
his will is
his sacred offices and anointm _r
plished .ne whole work of the restitution of man to a state superior to the angels whereas tiie state of man by creation was inferior
accom redemption and

earth,
;
;
revealed, continued in revelation and tradition until Moses; and that the. Scriptures were from Moses s time to the time of the apostles and
and reconciled and established
all
things according
to the eternal will of the Father.
evangelists; in whose age, after the coming of the Holy Ghost, the teacher of all truth, the book of the Scriptures was shut and closed, so as not
to receive
That in time, Jesus the Lord was horn in the days of Herod, and suffered under the government ofl ontius Pilate, being deputy of the Romans, and under the high priesthood of Caiaphas, and was betrayed by Judas, one of the twelve apostles, 4iid w;is crucified at Hierusalem, and after a true and natural death, and his body laid in the sepulchre, the third day he raised himself from the bonds of death, and arose and showed himself to many chosen witnesses, by the space of divers days, and at the end of those days, in the sight of many, ascended into heaven ; where hecontinueth his intercession ; and shall from thence, at the
day appointed, come in greatest glory
world.
to
any new addition; and that the church
hath no power over the Scriptures to teach or command any thing contrary to the written word, but is as the ark, wherein the tables of the first
that is to testament were kept and preserved say, the church hath only the custody and deli very over of the Scriptures committed unto the
:
same; together with the interpretation of them,

but such only as
is
conceived from themselves.
That there is a universal or catholic church of God, dispersed over the face of the earth, which
is Christ s spouse, and Christ s body; being gathered of the fathers of the old world, of the church of the Jews, of the spirits of tht faithful dissolved, and the spirits of the faithful tuilitant,
judge the
That
the sufferings and merits of Christ, as
they are sufficient to do away the sins of the whole world, so they are only effectual to those
and of the names yet to be born, which are That there already written in the book of life.
is also a visible church, distinguished by the out which are regenerated by the Holy Ghost; who ward works of God s covenant, and the receiving breatheth where he will of free grace; which of the holy doctrine, with the use of the mysteries grace, as a seed incorruptible, quickeneth the of God, and the invocation, and sanctification of That there is also a holy suc spirit of man, and conceiveth him anew a son of his holy name. God and a member of Christ: so that, Christ cession in the prophets of the New Testament and having man s flesh, and man having Christ s fathers of the church, from the time of the spirit, there is an open passage and mutual impu apostles and disciples which saw our Saviour in tation; whereby sin and wrath was conveyed to the flesh, unto the consummation of the work of Christ from man, and merit and life is conveyed the ministry; which persons are called from God to man from Christ: which seed of the Holy by gift, or inward anointing; and the vocation Ghost first figureth in us the image of Christ of God followed by an outward calling and ordina slain or crucified, through a lively faith; and then tion of the church. reneweth in us the image of God in holiness and I believe, that the souls of such as die in the charity though both imperfectly, and in degrees Lord are blessed, and rest from their labours, and
;
far differing
of the
fire
thereof; which
even in God s elect, as well in regard of the Spirit, as of the illumination is more or less in a large propor
enjoy the sight of God, yet so, as they are in expectation of a farther revelation of their glory At which time all flesh of man in the last day.
shall arise
tion: as, namely, in the church before Christ;
and be changed, and shall appear and

:
which
ehe
tfaine
yet, nevertheless,
was partaker of one and
same salvation with us, and of one and the means of salvation with us. the kingdom shall be given up to God the Father: Tint the work of the Spirit, though it be not from which time all things shall continue forever tied to any means in heaven or earth, yet, it is in that being and state, which then they shall So, as there are three times, if times ordinarily dispensed by the preaching of the receive. word; the administration of the sacraments; the they may be called, or parts of eternity The
:
receive from Jesus Christ his eternal judgment: and the glory of the saints shall then be full and
covenants of the fathers upon the children, prayer, reading; the censures of the church; the society
of the godly;
the
first,
the time before beginnings, when the God head was only, without the being of any creature
cross and afflictions;
God
benefits; his judgments upon others; miracles; the contemplation of his creatures: all which, though some be more principal, God useth as the
the second, the time of the mystery, which continueth from the creation to the dissolution of the world: and the third, the time of the revelation
of the sons of
God
which time
is
the last, and
ia
means of vocation and conversion of VOL. IL 52
his elect;
everlasting, without change.
410
CHRISTIAN PARADOXES.
Hi;
CHARACTERS OF A BELIEVING
CHRISTIAN.
looks for a great reward. He loseth his life and gains by it; and whilst lie loseth it, he savrth it.
8.
He
lives not to himself, yet, of all others,

for himself.
In paradoxes and seeming contradictions.
he
is
most wise
He denieth
himself
often, yet, no
man
loveth himself so well as he.
one that believes things his reason cannot comprehend ; he hopes for things which neither he nor any man alive ever saw lie labours for that which he knoweth he shall never
1. is
:
CHRISTIAN
be false
labour
2.
obtain; yet, in the issue, his belief appears not to his hope makes him not ashamed ; his ;
is
most reproached, yet most honoured. He hath most afflictions, and most comforts. 9. The more injury his enemies do him, the more advantages he gains by them. The more he forsakes worldly things, the more he enjoys
is
He
them.
10.
not in vain.
believes three to be one, and one to be three; a father not to be elder than his son; a son to be equal with his father; and one proceeding
He
fares
He is the most temperate of all men, yet most deliciously he lends and gives most
;
freely, yet
he
is
the greatest usurer; he is
meek
towards
all
men, yet inexorable by men.

;
He
is
be equal with both; he believing three persons in one nature, and two natures in one person.
to
from both
the best child, husband, brother, friend father and mother, brother and sister.
all
yet hates He love
believes a virgin to be a mother of a and that very son of her s to be her maker. ; He believes him to have been shut up in a narrow room, whom heaven and earth could not contain. He believes him to have been born in time, who was and is from everlasting. He believes him to have been a weak child, carried in arms, who is the Almighty; and him once to have died, who only hath life and immortality in himself. 4. He believes the God of all grace to have been angry with one that hath never offended him ; and that God, that hates sin, to be recon ciled to himself, though sinning continually, and
3.
He
son
men as himself, yet hates some men with a perfect hatred. 11. He desires to have more grace than any
man hath in the world, yet is truly sorrowful when he seeth any man have less than himself; he knoweth no man after the flesh, yet gives all men their due respects; he knoweth if he please man he cannot be the servant of Christ; yet, for Christ s sake he pleaseth all men in all things.
and
a peace-maker, yet is a continual fighter, an irreconcileable enemy. believes him to be worse than an infidel that provides not for his family, yet himself lives and dies without care. He accounts all his supe
is
is
He
12.
He
never making, or being able to make him satis He believes a most just God to have faction. punished a most just person, and to have justified He himself, though a most ungodly sinner. believes himself freely pardoned, and yet a suffi
riors,
He is yet stands stiffly upon authority. severe to his children, because he loveth them ;
and by being favourable unto his enemy, he revengeth himself upon him. 13. He believes the angels to be more excellent cient satisfaction was made for him. creatures than himself, and yet accounts them his 5. He believes himself to be precious in God s servants. He believes that he receives many good He things by their means, and yet he neither |irays sight, and yet loathes himself in his own. dares not justify himself even in those things for their assistance, nor offers them thanks, which wherein he can find no fault with himself, and he doth not disdain to do to the meanest Chris
yet believes
wherein he
6.
He
God accepts him in those able to find many faults. praises God for his justice, and
is
services
tian.
14.
He
believes himself to be a king,

:
how
him
for his
mercy.
He
is
so
ashamed
yet fears as that he
and how great soever he be, yet he thinks himself not too good to be a servant
mean soever he be
dares not open his mouth before God; and yet he comes with boldness to God, and asks him any
to the poorest saint. is often in prison, yet 15.
He
always
at liberty
He is so humble as to acknow thing he needs. ledge himself to deserve nothing but evil; and
yet believes that
is
a freeman, though a servant.

16.
He loves
not honour
amongst men, yet highly prizeth a good name.
God means him

is
one that fears always, yet

is
all good. He as bold as a lion.
He
believes that
God
hath bidden every
often sorrowful, yet always rejoicing; times complaining, yet always giving of thanks. He is the most lowly-minded, yet the 2 reatest aspirer; most contented, yet ever craving.
He
man man
for
many
him good to do so; he yet, of any is the most thankful to them that do aught him. He would lay down his life to save the
that doth
soul of his
enemy,
one sin
to
save the
yet, will not adventure upon life of him who saved his.
7.
He
when he
bears a lofty spirit in a mean condi ion; is ablest, he thinks meanest of himself.
poverty, and poor
believes
all
his own hindrance, and 17. He swears to changeth not; yet knoweth that his oath cannot
tie
He
lie
is rich in
in the
midst of
him
18.
to sin.
nches.
iod.
the world to be his, yet dares take nothing without special leave from
He
He
covenants with
God
for nothing, yet
believes Christ to have no need of any thing he doth, yet maketh account that he doth He relieve Christ in all his acts of charity.
He
CHRISTIAN PARADOXES.
411
knoweth he can do nothing of himself, yet lalxmr* of God do him no good, yet, he would rather part He professeth with his life than be deprived of them. to wurk (Hit his own salvation. 27. He was born dead ; yet so that it had been he can do nothing, yet as truly professeth he can do all thin ITS he kimwctli thai flesh and blood murder for any to have taken his life away. After cannot inherit the kingdom of God, yet believeth he began to live, he was ever dying. 28. And though he hath an eternal life begun he shall go to heaven both body and soul. n him, yet he makes account he hath a death to 19. He trembles at God s word, yet counts it sweeter to him than honey and the honey-comb, pass through. 29. He counts self-murder a heinous sin. vet is and dearer than thousands of gold and silver. 20. He believes that God will never damn him, ever busied in crucifying the flesh, and in puling
:
and yet fears God

liell.
he can.
esteemed precious in the sight of the great God of heaven and earth, appearing with boldness at his 21. He knoweth God s providence is in all throne, and asking any thing he needs; being endued with humility, by acknowledging his things, yet, is so diligent in his calling and busi ness, as if he were to cut out the thread of his great crimes and offences, and that he deserveth
for
liis
being able to cast him into he shall not be saved by nor jrood works, yet, he doth all the good works
for
He knoweth
to death his earthly members; not doubting but there will come a time of glory, when he shall be
He believes before-hand that God happiness. hath purposed what he shall be. and that nothing
can make him to alter his purpose ; yet, prays and endeavours, as if he would force God to save him
forever.
nothing but severe punishment. 30. He believes his soul and body shall be as full of glory as them that have more; and no
more
31.
full
than theirs that have less.

lives invisible to those that see
He
him, and
;
22.
He
prays and labours for that which he
is
those that
yet, those
confident
and the more as sured he is, the more earnest he prays for that he knows he shall never obtain, and yet gives not He prays and labours for that which he over. knows he shall be no less happy without; he prays with all his heart not to be led into tempta tion, yet, rejoiceth when he is fallen into it; he believes his prayers are heard, even when they are denied, and gives thanks for that which he prays
to give;
God means
know him best do but guess at him many times judge more truly of him
than he doth of himself.
The world will sometimes account him a when God accounteth him a hypocrite; and afterwards, when the world branded him for a hypocrite, then God owned him for a saint.
32.
saint,
His death makes not an end of him. His which was put into his body, is not to be per fected without his body; yet, his soul is more
33. soul
:
happy when it is separated from his body, than him both flesh and spirit, when it was joined unto it And his body, though to powder, yet, he is not a double-minded man; he is often torn in pieces, burnt to ashes, ground led captive by the law of sin, yet, it never gets turned to rottenness, shall be no loser. dominion over him; he cannot sin, yet can do 34. His advocate, his surety shall be his judge nothing without sin. He doth nothing against his his mortal part shall become immortal and what will, yet, maintains he doth what he would not. was sown in corruption and defilement shall be
against. 23. He hath within
; ;
He
wavers and doubteth, yet obtains. raised in incorruption and glory; and a finite crea He is often tossed and shaken, yet is as ture shall possess an infinite happiness. Glory mount Sion ; he is a serpent and a dove ; a lamb be to God. and a lion; a reed and a cedar. He is sometimes so troubled, that he thinks nothing to be true in religion; yet, if he did think so, he could not at He thinks sometimes that God all be troubled. hath no mercy for him, yet resolves to die in the
24.
AN ADVERTISEMENT
TOUCHING THI
pursuit of
believes, like Abraham, against hope, and though .he cannot answer God s logic, yet, with the woman of Canaan, he hopes to prevail
it.
He
CONTROVERSIES OF THE CHURCH OF F.NGLAXU.

IT
is
witli the rhetoric
of importunity.
wrestles, and yet prevails ; and though yielding himself unworthy of the least blessing he enjovs, yet, Jacob-like, he will not let him go without a new blessing. He sometimes thinks himself to have no grace at all, and yet how poor and afflicted soever he be besides, he would not
25.
He
but ignorance,
if
any man
find
it
strangt,,
that the state of religion, especially in the days of peace, should be exercised and troubled with for as it is the condition of thcontroversies
:
church militant to be ever under
trials,
trial
so
it
change conditions with the most prosperous man

ander heaven, that is a manifest worldling. 26 He thinks sometimes that the ordinances
of per secution ceaseth, there succeedeth another trial. of doctrine, which, as it were, by contrary blasts
cometh
to pass, that
when
the fiery
doth
sift
and winnow men
faith,
and provcib
412
OF CHURCH CONTROVERSIES.
whether they know God aright; even a8 that servatur unitas in credendo, nisi eadem adsit in other of afflictions discovered! whether they love colendo." There will be kept no unity in believ him better than the world. Accordingly was it ing, except it be entertained in worshipping ; such foretold by Christ, saying, "that in the latter as were the controversies of the east and \\rst times it should be said, Lo here, lo there is churches touching images, and such as are many of those between the church of Rome and us ; as Christ:" which is to be understood, not as if the very person of Christ should be assumed and about the adoration of the sacrament, and the like ; but his authority and pre-eminence, but we contend about ceremonies and thin;:* in counterfeited, which is to be the truth itself, should be challenged different; about the external policy and govern and pretended. Thus have we read and seen to be ment of the church; in which kind, if we would Ecce in deserto, but remember that the ancient and true bonds of fulfilled that which followeth, while some have sought unity are "one faith, one baptism," and not one ecce in penetralibus the truth in the conventicles and conciliables of ceremony, one policy. If we would observe the heretics and sectaries ; others in the external face league amongst Christians, that is penned by our and representation of the church ; and both sorts Saviour, he that is not against us is with us have been seduced. Were it then that the con if we could but comprehend that saying, "differ troversies of the Church of England were such, entiae rituum commendant unitatem doctrinae as they did divide the unity of the spirit, and not the diversities of ceremonies do set forth the unity habet religio quae sunt only such as do unswathe her of her bands, the of doctrine; and that bands of peace, yet, could it be no occasion for ffiternitatis, habet quae sunt temporis religion any pretended Catholic to judge us, or for any hath parts which belong to eternity, and parts irreligious person to despise us ; or if it be, it which pertain to time ; and if we did but know the shall but happen to us all as it hath used to do ; virtue of silence and slowness to speak commended to them to be hardened, and to us to endure the by StJames,our controversies of themselves would good pleasure of God. But now that our conten close up and grow together ; but most especially, tions are such, as we need not so much that general if we would leave the overweaning and turbulent canon and sentence of Christ pronounced against humours of these times, and revive the blessed heretics ; Erratis, nescientes Scripturas, et po- proceeding of the apostles and fathers of the pri testatem Dei you do err, not knowing the mitive church, which was, in the like and greater as we need the cases, not to enter into assertions and positions, Scripture, and the power of God admonition of St. James: "Let every man be but to deliver counsels and advices, we should and need no other remedy at all swift to hear, slow to speak, slow to wrath si eadem consulis. that the wound is no way dangerous, except we frater, quae affirmas, consulentidebeturreverentia, brother, if that poison it with our remedies as the former sort cum non debeatur fides affirmanti of men have less reason to make themselves music which you set down as an assertion, you would in our discord, so I have good hope that nothing deliver by way of advice, there were reverence due shall displease ourselves, which shall be sincerely to your counsel, whereas faith is not due to your and modestly propounded for the appeasing of affirmation. St. Paul was content to speak thus, Et For if any shall be offended these dissensions. Ego, non Dominus," I, and not the Lord
"
:"
"
;"
;*"
"
;"
"
;"
"
;"
;"
"
"
ye are brethren, why strive ye ? he shall give a great presumption against himself, that he is the party that doth his
at this voice,
"
Vos
estis fratres
;"
brethren wrong. The controversies themselves I will

into, as
secundum consilium meum according to my counsel. But now men do too lightly say, Non ego, sed Dominus not I, but the Lord. Yea, and bind it with a heavy denunciation of his not enter judgments, to terrify the simple, which have not
;"
"
:"
rest than
judging that the disease requireth rather sufficiently understood out of Solomon, that any other cure. Thus much we all know causeless curse shall not come."
"the
and confess, that they be not of the highest nature, for they are not touching the high mysteries of
faith,
Therefore, seeing the accidents are they which breed the peril, and not the things themselves in
such as detained the churches
for
many
years after their first peace, what time the heretics moved curious questions, and made strange ana tomies of the natures and person of Christ; and the Catholic fathers were compelled to follow them
own nature, it is meet the remedies be ap plied unto them, by opening what it is on either part, that keepeth the wound green, and formaltheir
izeth both sides to a farther opposition, and worketh an indisposition in men s minds to be reunited ;
with all subtlety of decisions and determinations ro exclude them from their evasions, and to take
wherein no accusation
is
pretended
but
I find
in
them
illis
in their labyrinths
so as
it is
rightly said,
iinmu."
temporibus, ingeniosa res fuit, esse ChristiIn those days it was an ingenious and
reason, that peace is best built upon a repetition of wrongs and in example, that the speeches which have been made by the wisest men, "de
:
concordia
ordinum,"
have not abstained from

"
re
nubtle thing to he a Christian. ducing to memory the extremities used on both Neither are they Concerning the great parts of parts: so as it is true which is said, Qui pacern, e worship of God, of which it is true, that non tractat non repetitis conditionibus dissidil, is
"
OF CHURCH CONTKOX ER81ES,

mngis animoa hominum durcedine pacis
Oiiaiu
;rijiilt,ite
C"lii|>onit."
4 IH
malo,
fallit,
Caesar said,
sui, it
"Nil
quam
"
eos similes esstj
Hut now, Dum de bonis con. while we. Ami first of nil, it is more than time tlr.it there tendinitis, de inalis ronsentimus diller about good things, we resemble in evil. wen- .in mil and Mirreasr made of this immodest if I were asked of these men, who were and deformed manner of writing lately entertained, Surely, whereby matter of religion is handled in the Style the more to be blamed, I should percase remember of the st.i;je. Imlerd, bitter and earnest writing the proverb, that the second blow maketh the must not hastily he condemned for men cannot fray, and the saying of an obscure fellow ; Qui
me
mei."
;"
"
contend eoldly, and without all ertion, about things which they hold dear and precious. A politic man may w rite from his hrain without touch and sense
as in a speculation that appertained not unto him; but a feeling Christian will express
replicat, multiplicat;"
But
j
he thatreplieth, multiplied. would determine the question with this sen
of his heart
in his
latter
beiiiir
words a character of zeal or love. The of which, as I could wish rather embraced, more proper for these times ; yet is the
"Alter principium malo dedit, alter modmn by the one means we have a beginning, and by the other we shall have none end. And, truly, as I do marvel that some of those
tence;
abstulit
;"
far
preachers which call for reformation, whom I am from wronging so far as to join them with
these scoffers, do not publish some declaration, satisfy the world, that they
;
former warranted also by great examples. Hut to leave all reverent and religious compas
whereby they may
and
sion towards evils, or indignation towards faults, to turn religion into a comedy or satire ; to
dislike their cause should be thus solicited
so
search and rip up wounds with a laughing coun tenance ; to intermix Scripture and scurrility, sometimes in one sentence, is a thing far from the devout reverence of a Christian, and scant beseem Non est ing the honest regard of a sober man. major confusio, quarn serii et joci." There is no greater confusion than the confounding of jest and earnest. The majesty of religion, and the con tempt and deformity of things ridiculous, are
"
hope, assuredly, that my lords of the clergy have none intelligence with this interlibelling, but do
altogether disallow that their credit should be thus defended. For, though I observe in one of
them many glosses, whereby the man would
insi
nuate himself into their favours, yet I find it to be ordinary, that many pressing and fawning per sons do misconjecture of the humours of men in
things as distant as things may be. Two princi pal causes have I ever known of atheism curious
:
many times, "Veneri immolant they seek to gratify them with that which they most dislike: for I have great reason to satisfy myself touching the judgment of my lords
authority, and
suem,"
that controversies, and profane scoffing. these two are joined in one, no doubt that sect will make no small progression.
Now
the bishops in this matter, by that which w.is written by one of them, which I mentioned before
with honour.
Nevertheless,
note, there is not
do much esteem the wisdom and an indifferent hand carried towards these pam religion of that bishop which replied to the first phlets as they deserve; for the one sort flieth in pamphlet of this kind, who remembered that a the dark, and the other is uttered openly; wherein fool was to be answered, but not by becoming I might advise that side out of a wise writer, who like unto him; and considered the matter which hath set it down, that punitis ingeniis gliscit he handled, and not the person with whom he auctoritas."
And
here
"
dealt.
that seek to choke it, and tread it out; whereas a upon conceit of mirth, yet book authorized is thought to be but temporis men s minds were so possessed with a reverence voces," the language of the time. But in plain of the action in hand, as they could not receive it. truth I do find, to mine understanding, these pam Much more ought not this to be amongst bishops phlets as meet to be suppressed as the other. and divines disputing about holy things. And, First, because, as the former sort doth deface the therefore, as much do I mislike the invention of government of the church in the persons of the him who, as it seemeth, pleased himself in it as bishops and prelates, so the other doth lead into
Job, speaking of the majesty and gravity of a judge in himself, saith, "If I did smile, they believed it not:" as if he should have said, if I
And, indeed, we see it ever falleth out, that the forbidden writing is always thought to be certain sparks of a truth that fly up into the faces of those
"
diverted, or glanced
in no
mean
cup.
policy, that these
withal at their
men are to be dealt contempt the exercises of religion in the persons own weapons, and pledged in their of sundry preachers so as it disgraceth a higher
;
him as profound a matter, though in the meaner person. device, as when the Cardinal Sansovino coun Next, I find certain indiscreet and dangeroim selled Julius the Second to encounter the council amplifications, as if the civil government itself of
to
own
This seemed
of 1 isa with the council of Lateran; or as lawful a challenge as Mr. Jewel made to confute the but those pretended Catholics by the Fathers tilings will not excuse the imitation of evil in It should be contrariwise with us, as another.
:
had near lost the force of her sinews. and were ready to enter into some convulsion, all things being full of faction and disorder; which is as unjustly acknowledged, as untruly aflirmed.
this state
I
know
his
meaning
is
to enforce this irreverent
Mi
414
whilst they deal with the secular states in
all
imposed upon them, so long the churcli is situa a hill no man inakt tli ted," as it were, "upon but question of it, or seeketh to depart from it To conclude this point As it were to be wished when these virtues in the fathers and leaders of that these writings had been abortive, and never the church have lost their light, and thattln\ \\;i\ seen the sun so the next is, since they be come worldly, lovers of themselves, and pleasers of men, abroad, that they be censured, by all that havo then men begin to grope for the church, as in the understanding and conscience, as the intemperate dark. They are in doubt whether they he the
"
and violent impugning of the government of bishops to he a suspected forerunner of a more And I grant there is a sym general contempt. pathy beUvei-n the estates; but no such matter in
liberty and resolution, according to the majesty of their calling, and the precious care of souls
the civil policy, as deserveth so dishonourable a taxation.

:
;"
pxtravagances of some light persons. Yea, far men beware, except they mean to adven ture to deprive themselves of all sense of religion, and to pave their own hearts, and make them as the high way, how they may be conversant in them, and much more how they delight in that vein ; but rather to turn their laughing into blush ing, and to be ashamed, as of a short madness,
ther, that
successors of the apostles, or of the Pharisees.
Yea, howsoever they sit in Moses s chair, yet they can never speak, tanquam auctoritatem habcntes," as having authority, because they have
"
lost their reputation in the consciences of men, by declining their steps from the way which they
need continu ; so as men had have sounding in their ears this same Nolite that they have in matters of religion taken their exire," go not out ; so ready are they to depart But this, perchance, is of from the church upon every voice; and therefore disport and solace. these faults which will be soonest acknowledged ; it is truly noted by one that writeth as a natural though I perceive, nevertheless, that there want man, that the humility of the friars did, for a great not some who seek to blanch and excuse it. time, maintain and bear out the irreligion of But to descend to a sincere view and consider bishops and prelates. ation of the accidents and circumstances of these For this is the double policy of the spiritual controversies, wherein either part deserveth blame enemy, either by counterfeit holiness of life to or imputation, I find generally, in causes of church establish and authorize errors ; or by corruption of matters, that men do offend in some or all of these manners to discredit and draw in question truth and things lawful. This concerneth my lords the live points. The first is, the giving occasion unto the con bishops, unto whom I am witness to myself, that troversies and also the inconsiderate and un I stand affected as I ought. No contradiction
trace out to others
"
ally
hath supplanted in me the reverence that I owe to grounded taking of occasion. The next is, the extending and multiplying the their calling ; neither hath any detraction or ca I controversies to a more general opposition or lumny imbased mine opinion of their persons. contradiction than appeareth at the first pro know some of them, whose names are most of them, when men s judgments are pierced with these accusations, to be men of great pounding
least partial. The third
the passionate and unbrotherly practices and proceedings of both parts towards the persons each of others, for their discredit and
is,
virtues ; although the indisposition of the times, and the want of correspondence many ways, is enough to frustrate the best endeavours in the
suppression.
edifying of the church. And for the rest, gene I am no judge of rally, I can condemn none.
The
fourth
is,
the courses holden and enter
tained on either side, for the drawing of their partisans to a more strait union within themselves,
them that belong to so high a Master; neither have I two witnesses." And I know it is truly said
"
of fame, that
"
which ever importeth a

entire body.
farther distraction of the
Pariter facta, atque infecta
canebat."
Their taxations arise not all from one coast ; The last is, the undue and inconvenient pro they have many and different enemies ready to more ready to amplify it, and most pounding, publishing, and debating of the contro invent slander, In which point the most palpable error ready to believe it. And versies. Magnes mendacii cre"
hath been already spoken
of,
as
that
which,
dulitas
;"
credulity
is
the
adamant of
lies.
But
if
through the strangeness and freshness of the abuse first offereth itself to the conceits of all men.
any be, against whom the Supreme Bishop hath not a few things, but many things ; if any have Now, concerning the occasion of the controver lost his first love ; if any be neither hot nor cold if any have stumbled too fondly at the threshold, sies, it cannot be denied, but that the imperfec tions in the conversation and government of those in such sort that he cannot sit well, that entered which have chief place in the church, have ever ill, it is time they return whence they are fallen, been principal causes and motives of schisms and and confirm the things that remain. Kt eorum Great is tr.e weight of this fault divisions. For, whilst the bishops and governors of the church continue full of knowledge and causa abhorrebant homines a sacrificio Domini
:
! I
"
;"
good works , whilst they feed the flock indeed
and
for their
cause did
men abhor
the adoration
OFCiirucn
of (Jod.
415
sobriety, or peace. These generalities apply thornselves. Tin- universities are the scat nr
But howsoever
to
it
bo, those which have
sought
I
deface
tin
m, and cast contempt upon

|
lem,
;ire iint tn lie
excused.
tinent of this disease,

is
whence
it
hath been, and
precept of Solomon, that tin- rulers bo not reproached ; no, not in our thought; but we draw. our very conceit into a modest tlr.it
It is
tin;
derived into
tlie
rest of the realm.
There men
will no longer be "e numero," of the number. There do others side themselves before they know
their right
:
hand from their left so it is true which u transeunt ab ignorantiaad praejudicium," common slanderer, but said, Increpet Domi- they skip from ignorance to a prejudicate opinion, Lord rebuke thee. The Apostle St. and never take a sound judgment in their way. the nus," Paul. thiMijrh against him that did pollute sacred But as it is well noted, "inter juvenile judicium
!
would
The hol\ an;r( interpretation of their doings. .jive no sentence of blasphemy against the
"
is
said,
te
justice with tyrannous violence; did justly dePerculiet iiounce the judgment of God, saying,
"
et senile
te Dominus,"
"
the Lord will strike thce
yet in
g paries dealbate," he thought he had gone too far, and retracted it; whereupon a learned father said, ipsum quamvis inune nomen, et
"
prsejudicium,omnis veritascorrurnpitur:" through want of years, when men are not inditferent, but partial, then their judgment is weak and unripe ; and when it groweth to strength and ripe
ness, by that time it is forestalled with such a number of prejudicate opinions, as it is made un profitable: so as between these two all truth is
timlirain sacerdotis
expavit."
The
ancient councils and synods, as
is
noted
by the ecclesiastical story, when they deprived any bishop, never recorded the offence ; but buried
it
In the mean while, the honourable corrupted. names of sincerity, reformation, and discipline are put in the fore-ward so as contentions and
:
in perpetual
silence.
Only Cham purchased

;
evil zeals
yet a
s disgrace and ascend from their soever they shall infer the solicitation for the peace person to their calling, and draw that in question. of the church to proceed from the carnal sense, Many good fathers spake rigorously and severely yet, I will conclude ever with the Apostle Paul,
his curse
by revealing his father

greater fault
is it to
cannot be touched, except these holj But how things be thought first to be violated.
much
there is amongst you zeal and contention, are ye not carnal 7 And howso ever they esteem the compounding of controversies Nisi bonum opus amplectaris, episcopus to savour of man s wisdom and human policy, and saith, esse non potes except thou undertake the good think themselves led by the wisdom which is from Non est ista work, thou canst not be a bishop ; yet they meant above, yet I say, with St. James, nothing less than to move doubt of their calling sapientia de sursum descendens, sed terrena, aniit
"
of the unworthiness of bishops; as if presently did forfeit, and cease their office. One saith
"
Cum
sit inter
1"
vos zelus et contentio, nonne car-
nales estis
While
Sacerdotes nominamur, et non sumus," we are Another called priests, but priests we are not.
"
;"
"
or ordination.
occasion of controversies, is the nature and humour of some men. The church never wanteth a kind of persons, which love the
The second
malis, diabolica: ubi enim zelus et contentio, ibi Of this in inconstantia et omne opus pravum."
Not in ceremony or salutation of Rabbi, master. compliment, but in an inward authority which they seek over men s minds, in drawing them to de pend upon their opinions, and to seek knowledge
at their lips.
These men
are the true successors
of Diotrephes, the lover of pre-eminence, and not lord bishops. Such spirits do light upon another
sort of natures,
"
Proceconstancy it is said by a learned father, dere volunt non ad perfectionem, sed ad permutationem they seek to go forward still, not to per fection, but to change. The third occasion of controversies I observe to be, an extreme and unlimited detestation of some former heresy or corruption of the church already acknowledged and convicted. This was the cause that produced the heresy of Arius,
"
;"
which do adhere
;"
to these
men
stiff followers, and gloria in obsequio such as zeal marvellously for those whom they
quorum
have chosen for the most

superficial
tial
for their masters. part,
This
latter sort,
young years, and understanding, carried away with par- produced

are
men
of
grounded especially upon detestation of Gentilism, should seem, by the assertion of the equal divinity of our Saviour Christ, to approach under the acknowledgment of more gods than one. The detestation of the heresy of Arius
lest the Christian
in the Trinity, fled so far from him, as he fell upon pluresnomina rerum, plurimi that other extremity, to deny the distinction o few follow the things persons; and to say, they were but only names nomina magistrorum Yea, most themselves, more the names of things, and most of several offices and dispensations. of the heresies and schisms of the church have the names of their masters. About these general affections are wreathed and sprung up of this root; while men have made it interlaced accidental and private emulations and as it were their scale, by which to measure thn discontentments, all which together break forth bounds of the most perfect religion; taking it by into contentions: such as either violate truth, the farthest distance from the error last condemned.
"
respect of persons, or with the enticing apPauci pearance of godly names and pretences :
that of Sabellius; who, holding forexecrable the dissimilitude which Arius pretended
res ipsas sequuntor,
;"
416
These be
OF CHURCH CONTROVERSIES
haeresium
tfike providentiam Dei, cum rerbo Dei counsel of the providence of God, as well as of his word. Neither yet do I admit that form,
stile
;"
heresies filii;" "posthumi that arise out of the ashes of other heresies that are extinct and amortised.
tlit>ir
This manner of apprehension doth in some although it were possible and convenient, is IK uri degree possess many in our times. They think it than ours, if some abuses were taken away. The the tru touchstone to try what is good and evil, parity and equality of ministers* is a thing of by measuring what is more or less opposite to the wonderful great confusion, and so is an ordinary institutions of the Church of Rome, be it cere government by synods, which doth necessarily
mony, be it policy, or government; yea, be it other institutions of greater weight, that is ever
most perfect which is removed most degrees from that church; and that is ever polluted and blemished, which parlicipateth in any appearance with it. This is a subtile and dangerous conceit
ensue upon the other.

I
It is
hard in
gion,
,
when
"
all causes, but especially in reli voices shall be numbered and not
"
lit Equidem," saith a wise father, weighed vere quod res est scribam, prorsus decrevi fugere omnem conventum episcoporum nullius enim for men to entertain ; apt to delude themselves, concilii bonum exitum unquam vidi; concilia more apt to delude the people, and most apt of all enim non minuunt mala, sed augent potius." To to calumniate their adversaries. This surely, but the truth, I am utterly determined never to say that a notorious condemnation of that position was come to any council of bishops for I never yet before our eyes, had long since brought us to the saw good end of any council for councils abate
:
j
rebaptization of children baptized according to the pretended Catholic religion: for I see that whicli is a matter of much like reason, which is
not
ill
is to
be understood not so
Which things, but rather increase them. much of general coun
cils,
of priests, is a matter already It is very meet that men resolutely maintained. beware how they be abused by this opinion; and
the reordaining
that they
ment of the church.
as of synods, gathered for the ordinary govern As for the deprivation of
bishops, and such like causes, this mischief hath taught the use of archbishops, patriarchs, and pri
;
But it will be said, Look to the fruits of the churches abroad and ours. To which I say, that actions are imperfect, some good purged with the I beseech the Lord to multiply his blessings and bad, rather than to purge the church, as they graces upon those churches a hundred fold. But pretend, every day anew ; which is the way to yet it is not good, that we fall on the numbering make a wound in the bowels, as is already begun. of them ; it may be our peace hath made us more The fourth and last occasion of these controver wanton it may be also, though I would be loath sies, a matter which did also trouble the church in to derogate from the honour of those churches, former times, is the partial affectation and imita were it not to remove scandals, that their fruits tion of foreign churches. For many of our men, are as torches in the dark, which appear greatest during the time of persecution, and since, having afar off. I know they may have some strict orders been conversant in churches abroad, and received for the repressing of sundry excesses but when
: :
sobriety to be well advised, whether in general demolition of the institutions of the Church of Rome, there were not, as men s
greater
know, that wisdom and
it is
a consideration of
much mates men to
as the abuse of
them since hath taught
mislike them.
a great impression of the form of government there ordained, have violently sought to intrude the same upon our church. But I answer, Consentiamus
"
consider of the censures of some persons, as well upon particular men as upon churches, I think on the saying of a Platonist, who saith,
I
"Certevitia irascibilis partis animae sunt gradu quod receptum est let us agree in this, that every church do that which praviora, quam concupiscibilis, tametsi occulis convenient for the state of itself, and not in tiora;" a matter that appeared much by the an particular customs. Although their churches had cient contentions of bishops. God grant that we received the better form, yet, many times it is to may contend with other churches, as the vine be sought, non quod optimum, sed e bonis quid with the olive, which of us shall bear the first not that which is best, but of good fruit; and not as the brier with the thistle, which proximum things which is the best and readiest to be had. of us is most unprofitable. And thus much touch Our church is not now to plant ; it is settled and ing the occasions of these controversies. It may be, in civil states, a republic established. Now, briefly to set down the growth and pro
;"
"
in eo
quod convenit, non
in eo
;"
verified the saying of Solomon, that "the course alterations. Qui mala introducit, of contention is to be stopped at the first; being voluntatem T)ei oppugnat revelatam in verbo ; qui else as the waters, which, if they gain a breach, it nova introducit, voluntatem Dei oppugnat revela will hardly ever be recovered. tam in rebus It may be remembered, that on that part, which he that bringeth in evil customs, irsisteth the will of God revealed in his word ; calls for reformation, was first propounded some he lhat bringeth in new things, resisteth the will dislike of certain ceremonies supposed to be super
a better policy than a kingdom : yet, God for bid that lawful kingdoms should be tied to inno
is
gression of the controversies; whereby will be
vate and
make
"
;"
?t
God
revealed in the things themselves.
"
Con-
stitious
some complaint of dumb ministers who
OF CHI
ii-h
RCII
ro\TKo\
KKSIKS.
417
ImreetiVMBfpinft monastical continuance \vitliiii tlio by those who had livings and such like abuses. Thence they dent upon as went cm to condemn the government nf a hierarchv remaining to us of the corruptions to sundry in of the Roman church, and to except stitutions in the church, as not stitlicientl y de
;
benefices
:unl smiir
the idle ami

universities,
;
consider seriously and attentively, how near they are unto them, with whom, will not kii"\v, they
1
t>
join.
It is
very hard
to allirm, that the discipline,

is
which they say we want,
one of the essential

;
!>ish..|is
and parts of the worship of God withal, that the people themselves,
not to affirm
upon
peril
of
salvation, without staying for the magistrate, am I demand, if a civil to leather themselves into it.
state
]
livered from
the,
lastly, they are
advanced
And, pollutions of former times. to define of an only and

>n
danger of their souls to draw themselves to con and perturbation of the church and state, gregations, wherein they might celebrate this must be erected and planted by the magistrate. mystery, and not to content themselves with that Here they stay. Others, not able to keep foot- part of God s worship which the magistrate had in; in so steep ground, descend farther ; That the authorized ? This I speak, not to draw them into same must be entered into and accepted of the the mislike of others, but into a more deep con "Fortasse non redeunt people, at their peril, without the attending of the sideration of themselves establishment of authority. And so in the mean quia suum progressum non intelligunt." time they refuse to communicate with us, reput Again, to my lords the bishops I say, that it is hard for them to avoid blame, in the opinion of an ing us to have no church. This has been the pro
of
peril,
:
perpetual form of policy in the church ; which, H jlit without consideration of possihility, and f
receive the preaching of the. word and baptism, and interdict and exclude the sacrament of the Lord s Supper, were not men bound upon
gression of that side I mean of the generality. For, I know, some persons being of the nature, not only to love extremities, but also to fall to
:
indifferent person, in standing so precisely
upon
altering nothing;
creatae, acescunt;"
"leges,
novis legibus non relaws, not refreshed with new

"
them without degrees, were

at the first.
at the highest strain
The
other part,
which maintaineth the present
Qui mala non permutat, in laws, wax sour. bonis non perseverat;" without change of ill, a man cannot continue the good. To take away
"
government of the church, hath not kept one tenor many abuses, supplanteth not good orders, but Morosa moris retentio, res neither. establisheth them. First, those ceremonies which were pre
tended to be corrupt, they maintained to be things indifferent, and opposed the examples of the good
times of the church to that challenge which was made unto them, because they were used in the later superstitious times. Then were they also content mildly to acknowledge many imperfec tions in the church as tares come up amongst the corn: which yet, according to the wisdom
:
turbulenta est, aeque ac novitas;" a contentious retaining of custom is a turbulent thing, as well A good husband is ever pruning as innovation.
in his vineyard or his field
;
not unseasonably,
indeed, not unskilfully, but lightly; he findeth have heard of no offers ever somewhat to do.
We
taught by our Saviour, were not with

pulled
strife to
be
of the bishops of bills in parliament ; which, no doubt, proceeding from them to whom it properly belongeth, would have everywhere received ac
ceptation.
up, lest it might spoil and supplant the good corn, but to grow on together till the harvest. After, they grew to a more absolute defence and
maintenance of
stiffly to
all the orders of the church, and hold, that nothing was to be innovated ; because it needed not, partly because it partly would make a breach upon the rest. Hence, ex
Their own constitutions and orders have reformed them little. Is nothing amiss? Can any man defend the use of excommunication as a base process to lackey up and down for duties and fees ; it being a precursory judgment of the
latter
day?
no mean
to train
Is there
and nurse up minis
asperated through contentions, they are fallen to a direct condemnation of the contrary part, as of a
sect. Yea, and some indiscreet persons have been bold in open preaching to use dishonourable and derogatory speech and censure of the churches abroad ; and that so far, as some of our men, as I have heard, ordained in foreign parts, have been
of the universities will not serve, though they were never so well governed ; to train them, I say, not to preach, for that every
ters, for the yield
man
confidently adventureth to do, but to preach soundly, and to handle the Scriptures with wis
dom and judgment?
know prophesying was
pronounced to be no lawful ministers. Thus we see the beginnings were modest, but the extremes are violent; so as there is almost as great a distance now of either side from itself, as was at the first of one from the other. And, surely, though my mean ing and scope be not, as I said before, to enter into the controversies themselves, yet I do admonish the maintainers of the alone discipline, to weigh and 53 VOL. II
subject to great abuse, and would be more abused now ; because heat of contentions is increased
I say the only reason of the abuse was, be cause there was admitted to it a popular auditory ; and it was not contained within a private confer ence of ministers. Other things might be spoken I pray God to inspire the bishops with a fer of.
but
vent love and care of the people ; and that they may not so much urge things in controversy, AB
418
men confess for her majesty, without much for the whereas the very form
Common-Prayer
:
to be gracious
things out of controversy, which all and good. And thus
the additions of her Bty?e , of prayer in the book of
second point.
hath,
"Thy
servant
Elizabeth,"
Now,
as to the third point, of unbrotherly pro
ceeding on either part, it is directly contrary to my purpose to amplify wrongs: it is enough to lex, et fiat certamen," whereby was meant, that note and number them ; which I do also, to move the prejudice of the law removed, either reasons compassion and remorse on the offending side, should be equally compared, of calling the people and not to animate challengers and complaints on to sedition and mutiny, as if he had said, away And this point, as reason is, doth with the law, and try it out with force: If these the other. chiefly touch that side which can do most: "In- and other liko particulars be true, which I have injuries come from them but by rumour, and cannot affirm ; it is to be juriae potentiorum sunt lamented that they should labour amongst us with that have the tipper hand.
;"
and no more If a third shall be accused, upon these words uttered touching the controversies, "tollatur
of them which are possessed of so little comfort. I know restrained governments the government of the church towards the other, are better than remiss; and I am of his mind that
The wrongs
may hardly be dissembled or excused: they have charged them as though they denied tribute to Cassar, and withdrew from the civil magistrate the obedience which they have ever performed and taught. They have sorted and coupled them
with the family of love," whose heresies they have laboured to destroy and confute. They have been swift of credit to receive accusations against them, from those that have quarrelled with thorn, but for speaking against sin and vice. Their ac cusations and inquisitions have been strict, swear ing men to blanks and generalities, not included
"
said, Better is
it
to live
where nothing
is
lawful,
things are lawful. I dislike that laws should not be continued, or disturbers be unpunished : but laws are likened to the grape, that being too much pressed yields a hard and
all
than where
unwholesome wine.
"
Of these
things
Ira viri r.cn operatur justitiam
Dei
;"
must say the wralu

;
of
men worketh not the righteousness of God. As for the injuries of the other part, they be
"ictus inermes;" as it were headless arrows; they be fiery and eager invectives, and, in some fond men, uncivil and irreverent behaviour to
within compass of matter certain, which the party which is to take the oath may comprehend, which is
a thing captious and strainable.
"
wards their superiors. This last invention also, which exposeth them to derision and obloquy by Their urging of libels, chargeth not, as I am persuaded, the whole to their own articles, is but side: neither doth that other, which is yet more lacessere, subscription et irritare morbos Ecclesise," which otherwise odious, practised by the worst sort of them; w"ould and exercise themselves. Non conwhich is, to call in, as it were to their aids, certain spend sensum quaerit sed dissidium, qui, quod factis prses- mercenary bands, which impugn bishops, and He seeketh not unity, but other ecclesiastical dignities, to have the spoil of tatur, in verbis exigit division, which exacteth that in words, which their endowments and livings: of these I cannot men are content to yield in action. And it is true, speak too hardly. It is an intelligence between there are some which, as I am persuaded, will incendiaries and robbers, the one to fire the house, not easily offend by inconformity, who, notwith the other to rifle it.
"
:"
standing,
they
make some conscience to subscribe; for The fourth point wholly pertaineth to them know this note of inconstancy and defection which impugn the present ecclesiastical govern
ment; who, although they have not cut themselves off from the body and communion of the church,
yet do they affect certain cognisances and differ ences, wherein they seek to correspond amongst
from that which they have long held, shall disa ble them to do that good which otherwise they might do: for such is the weakness of many, that their ministry should be thereby discredited. As for their easy silencing of them, in such great
scarcity of preachers,
it
themselves, and to be separate from others.

"
And
it
tarn sunt mores quidam schismatici, punish the people, is truly said, there be as well and not them. Ought they not, I mean the quam dogmata schismatica bishops, to keep one eye open, to look upon the schismatical fashions as opinions. First, they have good that those men do, not to fix them both upon impropriated unto themselves the names of zealous, the hurt that they suppose cometh by them] sincere, and reformed ; as if all others were cold Indeed, such as are intemperate and incorrigible, minglers of holy things and profane, and friends of God forbid they should be permitted to preach abuses. Yea, be a man endued with great virtues, but shall every inconsiderate word, sometimes and fruitful in good works ; yet, if he concur not captiously watched, and for the most part hardly with them, they term him, in derogation, a civil and enforced, be as a forfeiture of their voice and gift moral man, and compare him to Socrates, or some
is to
;"
I
sundry particular molesta heathen philosopher: whereas the wisdom of the If a Scriptures teacheth us otherwise; namely, 10 tions, I take no pleasure to recite them. minister shall be troubled for saying in baptism, judge and denominate men religious according to do you believe dost thou believe If their works of the second table ; because they of for, another shall be called in question for praying the first are often counterfeit, and practised ia
1
in
preaching
As
for
"
1"
?"
So St. John saith, tlr.it man doth hypocrisy. vainly boast of loving (Jod, whom lie never saw, if he love not Ins brother whom he hath seen."
"a
419
Ami
St.
James
saith,
"This
is
visit the fatherless
and the widow.
true religion, to 1 So as that
the Scriptures, and other helps which God hath provided and preserved for instruction. Again, they carry not an equal hand in teaching the people tin ir lawful liberty, as well as their
which
is,
is
with them but philosophical and moral,

phrase,
but thry think a man restraints anil prohibitions cannot no too far in that that h.illi a show of a
:
"true religion and affection they challenge the said virtues of zeal and the rest; so in know
in
the apostle s
Christianity."
As
in
commandment. Thev forget
tnat there are sins on the right
ledge they attribute unto

perfection.
themselves light and
hand, as well as on the left; and that the word id double-edged, and cutteth on boih sides, a-, \\ell
They say, the Church of England in the profane transgressions as the superstitious Who doubteth but that it is as King Edward s time, and in the beginning of her observances. s reign, was but in the cradle; and the unlawful to shut where God hath opened, as to majesty in those times did somewhat grope for open where God hath shut; to bind where God bishops da\ break, but that maturity and fulness of light hath loosed, as to loose where God hath bound? proceedeth from themselves. So Sabinius, bishop Amongst men it is commonly as ill taken to turn of Heraclea, a Macedonian heretic, said, that the back favours, as to disobey commandments. In
fathers in the council of Nice
were but infants
and ignorant men
that the
church was not so
perfect in their decrees as to refuse that farther ripeness of knowledge which time had revealed.
And
as they censure virtuous men by the names of civil and moral, so do they censure men truly and godly wise, who see into the vanity of their
their
affections,
wisdom
by the name of politics; saying, that is but carnal and savouring of man s
I
if a preacher preach with care speak not of the vain scholastical manner of preaching, but soundly indeed,
brain.
So, likewise,
and meditation,
ordering the matter he
handleth
memory, deducting and

direction, and authorizing and warrants, they censure
drawing
it
distinctly for it down for
with strong proofs it as a form of speak tion," or not so good ; apt to breed in men rather ing not becoming the simplicity of the gospel, and weak opinions and perplexed despairs, than filial refer it to the reprehension of St. Paul, speaking and true repentance which is sought. of the "enticing speech of man s wisdom." Another point of great inconvenience and peril,
for their own manner of preaching, what Surely they exhort well, and work com punction of mind, and bring men well to the
1
example, they have pro nounced generally, and without difference, all untruths unlawful ; notwithstanding, that the midwives are directly reported to have been blessed for their excuse; and Rahab is said by faith to have concealed the spies; and Solomon s selected judgment proceeded upon a simulation; and our Saviour, the more to touch the hearts of the two disciples with a holy dalliance, made as if he would have passed Emmaus. Farther, I have heard some sermons of mortification, which, I think, with very good meaning, they have preach ed out of their own experience and exercise, and things in private counsels not unmeet; but surely no sound conceits, much like to Parsons "Resolu
this kind of zeal, for
Now
?
is all
to entitle the people to hear controversies,
and
is it
is con founded and his precept, that the weak be not and obiter," and as before a people that will admitted unto questions and controversies, taketh In doctrine of manners no place. accept of any thing. there is little but generality and repetition. The But most of all is to be suspected, as a seed of word, the bread of life, they toss up and down, farther inconvenience, their manner of handling they break it not: they draw not their directions the Scriptures; for whilst they seek express down ad casus conscientise that a man may Scripture for every thing; and that they have, in be warranted in his particular actions, whether a manner, deprived themselves and the church be lawful or not; neither indeed are many of a special help and support, by embasing the they of them able to do it, what through want of authority of the fathers, they resort to naked ex grounded knowledge, what through want of study amples, conceited inferences, and forced allusions, and time. It is a compendious and easy thing to such as do mine into all certainty of religion. call for the observation of the Another extremity is the excessive magnifvinj Sabbath-day, or to speak against unlawful gain; but what actions of that which, though it be a principal and most and works may be done upon the Sabbath, and holy institution, yet hath its limits, as all things whatnot; and what courses of gain are lawful, else have. We see wheresoever, in a manner, and in what cases to set this down, and to clear they find in the Scriptures the word spoken or,
:
" "
question, "Viri, fratres, quid faciemus?" that is not enough, except they resolve the ques tion. They handle matters of controversy weakly
kinds of doctrine. They say no part of the counsel of God is to be suppressed, nor the people But defrauded so as the difference which the apostle
:
maketh between milk and strong meat
;"
the whole matter with good distinctions and de cisions, ia a matter of great knowledge and labour,
in a
and asketh much meditation and conversing
in
it of preaching; they have made it, manner, of the essence of the sacrament of the Lord s Supper, to have a sermon preceded ;
they expound
420
OF THE PACIFICATION OF THE CHURCH.
calumny of neutrality ; but let them know that and forms of divine service, although the is true which is said by a wise man, That neuters house of God be denominated of the principal, in contentions are neither better or worse than domus orationis," a house of prayer, and not a either side. house of preaching. As for the life of the good These things have I in all sinceritv and sim monks and hermits in the primitive church, I plicity set down touching the controversies which know, they will condemn a man as half a papist, now trouble the Church of England; and that if he should maintain them as other than profane, without all art and insinuation, and therefore not In the mean like to be grateful to either part: Notwithstand because they heard no sermons. time, what preaching is, and who may be said to ing, I trust what hath been said shall find a preach, they move no question ; but, as far as I correspondence in their minds which are not see, every man that presumeth to speak in chair embarked in partiality, and which love the whole But I am assured, that better than a part; wherefore I am not out of is accounted a preacher. not a few that call hotly for a preaching ministry, hope that it may do good ; at the least I shall not deserve to be the first themselves that should be repent myself of the meditation. All which errors and misproceedings expelled. they do fortify and intrench by an addicted respect to their own opinions, and an impatience to hear
th y have, in a sort, annihilated the use of litur
gies,
"
contradiction or argument ; yea, I know some of them that would think it a tempting of God, to
hear or read what

if
"
CERTAIN CONSIDERATIONS
TOUCHING
may
"
be said against them
as
;"
there could be a
quod bonum
without an omnia probate," This may suffice to offer unto themselves a thought and consideration, whether in these things they do well or no? and to correct and
est, tenete going before.
THE BETTER PACIFICATION AND EDIFICATION

OF THE
CHURCH OF ENGLAND.
DEDICATED TO HIS MOST EXCELLENT MAJESTY.
assuage the partiality of their followers. For as for any man that shall hereby enter into a con tempt of their ministry, it is but his own hard
ness of heart.
I
know
the
work of exhortation
unity of your church, excellent sovereign, a thing no less precious than the union of your kingdoms ; being both works wherein your happiness may contend with your worthiness.
is
doth chiefly rest upon these men, and they have zeal and hate of sin: But, again, let them take heed that it be not true which one of their adver
saries said, that they have but two small wants, knowledge, and love. And so I conclude this point.
The
Having
majesty
therefore
s
presumed, not without your
touching the due publishing and debating of these controversies, needeth no This strange abuse of antiques long speech. and pasquils hath been touched before: so, like
last point,
The
gracious acceptation, to say somewhat on the one, I am the more encouraged not to be
silent in the other: the rather,
because it is an argument that I have travelled in heretofore.* But Solomon commendeth a word spoken in wise, I repeat that which I said, that a character season; and as our Saviour, speaking of the dis of love is more proper for debates of this nature, When you see a cerning of seasons, saith,
than that of zeal.
As
for all
direct or indirect
glances, or levels at men s persons, they were ever in these causes disallowed.
Lastly, whatsoever be pretended, the people is no meet arbitrator, hut rather the quiet, modest, and private assemblies, and conferences of the learned. Qui apud incapacem loquitur, non The press and disceptat, sed calumniatur." pulpit would be freed and discharged of these contentions; neither promotion on the one side, nor glory and heat on the other side, ought to
"
cloud rising in the west, you say it will be a shower:" so your majesty s rising to this mo
narchy in the west parts of the world, doth promise a sweet and fruitful shower of many blessings upon this church and commonwealth ; a shower of that influence as the very first dews and drops thereof have already laid the storms and winds throughout Christendom ; reducing
the very face of
It is
Europe
to a
more peaceable and
amiable countenance.
continue those challenges and cartels at the cross and other places; but rather all preachers, espe cially such as be of good temper, and have
purpose. very true, that these ecclesiastical matters
But
to the
are things not properly appertaining to my pro fession ; which I was not so inconsiderate but to
wisdom with
beat
upon
let
conscience, ought to inculcate and peace, silence, and surseance.

fear Solon s law,
object to myself: hut finding that it times seen that a man that standcth
is
many
and
off,
Neither
them
which com
somewhat removed from a

better survey
it
plot of ground, doth

it
pelled in factions every particular person to range bmis-elf on the one side; nor yet the fond
and discover
than those which
* Vide page 41V
01
are upon thought I, as a looker on, might
it, I
Till-:
PACIFICATION OF THE CHURCH.
421
it
not impossible, but that

e.tst
mine eyes upon
doth otherwise determine and order, all actual and full obedience is to be given to ecclesiastical juns:
Some things which tlie actors tliemselves, espe- (lictimi us it now standeth -and, wlien your maami ordered, tliat every good ciaily some being interested, some led and Jesty hath determined addicted, some declared and engaged, did not or subject ought to rest satisfied, and apply would not see. And that knowing in my con dience to your majesty s laws, ordinan< science, whereto God beareth witness, that the royal commandments nor of the dislike I have of things which I shall speak spring out of no vein all immodest bitterness, peremptory presumption,
l>
of popularity,
ostentation,
desire
of
novelty,
popular handling, and other courses, tending

ther to
i
ra
paitiality to either side, disposition to intermeddie, or any the like leaven ; I may conceive hope,
that
what
want
in
in
depth of judgment
may
be of
rumour and impression in the vulgar sort than to likelihood of effect joined with observation of duty.
countervailed
affection.
simplicity
and
sincerity
But of all things
this did
most animate
in these opinions of mine, have long held and embraced, as may appear by that which I have many years since other to an impossibility. The first is, that it is written of them, according to the proportion, against good policy to innovate any thing in nevertheless, of my weakness, a consent and church matters ; the other, that all reformation conformity with that which your majesty hath must be after one platform.
me;
that I found
]
which
But before I enter into the points controverted, think good to remove, if it may be, two opi nions, which directly confront and oppone to re formation the one bringing it to a nullity, and the
I
:
published of your own most Christian, most wise, and moderate sense, in these causes; wherein you have well expressed to the world,
For the first of these, it is excellently said u State by the prophet, super vias antiquas, et videte, queenam sit via recta et vera, et am For it is true, that with all wise that there is infused in your sacred breast, from bulate in God, that high principle and position of govern and moderate persons, custom and usage obtaindear eth that reverence, as it is sufficient matter to ment, That you ever hold the whole more move them to make a stand, and to discover, and than any part. For who seeth not that many are affected, and take a view but it is no warrant to guide and give opinion in these matters, as if they had not conduct them. A just ground, I say, it is of de so much a desire to purge the evil from the good, liberation, but not of direction. But, on the other as to countenance and protect the evil by the good. side, who knoweth not, that time is truly com Others speak as if their scope were only to set pared to a stream, that carrieth down fresh and forth what is good, and not to seek what is pos pure waters into that salt sea of corruption which sible, which is to wish, and not to propound. environcth all human actions? and, therefore, if Others proceed as if they had rather a mind of re man shall not by his industry, virtue, and policy, moving, than of reforming. But howsoever either as it were with the oar, row against the stream side, as men, though excellent men, shall run into and inclination of time, all institutions and ordi extremities ; yet your majesty, as a most wise, nances, be they never so pure, will corrupt and But not to handle this matter cornequal, and Christian moderator, is disposed to degenerate. find out the golden mediocrity in the establish- monplace like, I would only ask, why the civil ment of that which is sound, and in the repara state should be purged and restored by good and To wholesome laws, made every third or fourth year tion of that which is corrupt and decayed. devising remedies as your princely judgment then I do in all humbleness in parliament assembled
ea." ;
,
submit whatsoever I shall propound, offering the same butas a mite into the treasury of your wisdom. For as the astronomers do well observe, that when three of the superior lights do meet in conjunc so tion, it bringeth forth some admirable effects
:
time breedeth mischief: and, contrariwise, the ecclesiastical state should still continue upon
fast as
the dregs of time, and receive no alteration now If any for these five-and-forty years and morel man shall object, that if the like intermission had
there being joined in your majesty the light of nature, the light of learning, and, above all, the
s Holy Spirit ; cannot be but your light of government must be as a happy constellation over Neither is there the states of your kingdoms. wanting to your majesty that fourth litfht, whieh, though it he but a borrowed yet is of singu
it
li<rht,
God
been used in civil causes also, the error had not been great surely the wisdom of the kingdom hath been otherwise in experience for three hun But if it be said dred years space at the least. to me that there is a difference between civil causes
;
and ecclesiastical, they may as well tell me that churches and chapels need no reparations, though lar efficacy and moment added to the rest, which, castles and houses do ; whereas, commonly, to is the light of a most wise and well compounded speak the truth, dilapidations of the inward and counril to whose honourable and grave wisdoms spiritual edifications of the church of God are in do likewise submit whatsoever I shall speak, all times as great as the outward and material. hoping that I shall not need to make protestation Sure I am that the very word and style of reformof my mind and opinion: That, until your majesty ation used by our Saviour, ab initio non Hut
;
;
"
SN
422
sic,"
can never keep within the compass of any moderation but these thing s being with us to have an orderly passage, under a king who hath a royal power arid approved judgment, and knoweth us England, during the time of Queen Elizabeth, of well the measure of things as the nature of them; famous memory, did flourish. If I should com- it is surely a needless fear. For they need not pare it with foreign churches, I would rather the doubt but your majesty, with the advice of your comparison should be in the virtues, than as some council, will discern what things are intermingled make it, in the defects. Rather, I say, as between like the tares amongst the wheat, which have the vine and the olive, which should be most their roots so enwrapped and entangled, as the and not as between the brier and the one cannot be pulled up without endangering the fruitful For other; and what arc mingled but as the chaff and thistle, which should be most unprofitable. that reverence should be used to the church, which the corn, which need but a fan to sift and sever them. So much, therefore, for the first point, of no the good sons of Noah used to their father s na kedness ; that is, as it were to go backwards, and reformation to be admitted at all. For the second point, that there should be but to help the defects thereof, and yet to dissemble them. And it is to be acknowledged, that scarcely one form of discipline in all churches, and that any church, since the primitive church, yielded imposed by necessity of a commandment and in like number of years and latitude of country, a prescript out of the word of God ; it is a matter greater number of excellent preachers, famous volumes have been compiled of, and therefore But for the disci cannot receive a brief redargution. I for my part writers, and grave governors. pline and orders of the church, as many, and the do confess, that in revolving the Scriptures I could chiefest of them, are holy and good; so yet, if never find any such thing but that God had left St. John were to indite an epistle to the Church the like liberty to the church government, as he of England, as he did to them of Asia, it would had done to the civil government ; to be varied habeo adversus te pauca." according to time, and place, and accidents, which sure have the clause, And no more for this point, saving, that as an nevertheless his high and divine providence doth order and dispose. For all civil governments are appendix thereto it is not amiss to touch that ob jection, which is made to the time, and not to the restrained from God unto the general grounds of were ne justice and manners ; but the policies and forms matter ; pretending, that if reformation that monarchies and cessary, yet it were not now seasonable at your of them are left free: majesty s first entrance yet Hippocrates saith, kingdoms, senates and seignories, popular states, Si quid moves, a principio move and the wis and communalities, are lawful, and where they dom of all examples do show, that the wisest are planted ought to be maintained inviolate. So, likewise, in church matters, the substance princes, as they have ever been the most sparing in removing or alteration of servants and officers of doctrine is immutable ; and so are the general upon their coming in; so for removing of abuses rules of government but for rites and ceremonies, and enormities, and for reforming of laws and the and for the particular hierarchies, policies, and policy of their states, they have chiefly sought to disciplines of churches, they be left at large. ennoble and commend their beginnings therewith; And, therefore, it is good we return unto the ancient knowing that the first impression with people con- bounds of unity in the church of God ; which tinueth long, and when men s minds are most in was, one faith, one baptism and not one hier expectation and suspense, then are they best archy, one discipline; and that we observe the wrought and managed. And, therefore, it seemeth league of Christians, as it is penned by our Sa
:
j !
was applied to church matters, and those of the highest nature, concerning the law moral, Nevertheless, he were both unthankful and unwise, that would deny but that the Church of]
"
"
;"
me that as the spring of nature, I mean the viour ; which is in substance of doctrine this but in He that is not with us, is against us spring of the year, is the best time for purging and medicining the natural body, so the spring of things indifferent, and but of circumstance this ; He that is not against us, is with us." In these is the most proper season for the purg kingdoms
to
:
"
:"
"
ing and rectifying of politic bodies. There remaineth yet an objection, rather of suspicion than of reason; and yet such as I think
things, so as the general rules be observed ; that Christ s flock be fed ; that there be a succession
in bishops and ministers, which are the prophets maketh a great impression in the minds of very of the New Testament; that there be a due and wise and well-affected persons; which is, that if reverent use of the power of the keys that those
;
and with decency, and the like: the holy wisdom and spiritual This surely had been a good and true allegation discretion of the master builders and inferior in the ancient contentions and divisions between builders in Christ s church ; as it is excellently the people and the senate of Rome ; where things alluded by that father that noted, that Christ s were carried at the appetites of multitudes, which garment was without seam ; and yet the church s
be given to mutation, though it be in taking away abuses, yet it may so acquaint men with sweetness of change, as it will undermine the stability even of that which is sound and good.
way
all
that preach the gospel, live of the gospel ; that things tend to edification ; that all things be
in order
is
done
the rest
left to
OF
down
Til!-:
PACIFICATION OF
tin
TIN-:
CHURCH,
423
pniment was of divers colours: and

Pfiteth
fur a rule;
"in
n upon
sit,
duchy.
surer
veste varietas
cissura non
sit."
The
In which viirii-ty, nevertheless, it is a safe and IMM- course to follow {jood examples and prece
In the Exchequer Chamber, the lord trea is joined with the chancellor and the barons. masters of the requests are ever more than one. The justices of as.-r/.e are two. The lord
presidents in the North and in Wales have coun* The Star Chamber is an assi-mldy
dents;
but then
by the rule of imitation and
cils of divers.
example to consider not only which are best, but which an- the likeliest; as, namely, the govern ment of the church in the purest times of the mind emperors that embraced the fuith. For
rir>t
of the king s privy council, aspersed with the lords spiritual and temporal: so as in courts the
principal person hath ever either colleagues or assessors.
the times of persecution, before temporal princes received our faith, as they were excellent times
The
like is to be found in other well-governed
and manners, so they be improper and unlike examples of outward government and
for doctrine
commonwealths abroad, where the jurisdiction is yet more dispersed; as in the court of parlia ment of France, and in other places. No man
will
policy.
And
so
much
for this point:
now
to the
deny but the acts
that pass the bishop s
particular points of controversies, or rather of
reformation.
jurisdiction are of as great importance as those that pass the civil courts for men s souls are
:
more precious than

ities,
are their good names.
CIRCUMSTANCES
IN
THE GOVERN-
goods; and so Bishops have their infirm and have no exception from that general
is
their bodies or
malediction which
"
pronounced against
si
all
men
Nay,
we see that the first warrant in spiritual causes is Die Ecclesiae;" which is FIRST, therefore, for the government of bishops, directed to a number, and we see that in I, for my part, not prejudging the precedents of not so in temporal matters other reformed churches, do hold it warranted by general causes of church government, there are the word of God, and by the practice of the ancient as well assemblies of all the clergy in councils,
"
MENT OF
BISHOPS.
living,
Vae
soli,
nam
occideret,
&c."
church
in the better times,
and much more con
venient for kingdoms, than parity of ministers
as of all the states in parliament. this sole exercise of jurisdiction

I
Whence
come
?
should
Surely,
do suppose, and, I think, upon good ground, then, farther, is to be considered, that the church is not now to that "ab initio non fuit ita;" and that the deans and chapters were councils about the sees and plant or build ; but only to be pruned from cor ruption, and to be repaired and restored in some chairs of bishops at the first, and were unto them a presbytery or consistory ; and intermeddled not decays. For it is worth the noting, that the Scripture only in the disposing of their revenues and en saith, "Translate sacerdotio, necesse est ut et dowments, but much more in jurisdiction eccle But it is probable, that the deans and legis fiat translatio." It is not possible, in respect siastical. of the great and near sympathy between the state chapters stuck close to the bishops in matters of civil and the state ecclesiastical, to make so main and the world, and would not lose their profit an alteration in the church, but it would have a hold ; but in matters of jurisdiction, which they accounted but trouble and attendance, they suf perilous operation upon the kingdoms ; and, there fore, it is fit that controversy be in peace and silence. fered the bishops to encroach and usurp ; and so But there be two circumstances in the adminis the one continueth, and the other is lost. And we tration of bishops, wherein, I confess, I could see that the Bishop of Rome, "fas enim et ab never be satisfied ; the one, the sole exercise of hoste doceri," and no question in that church the their authority ; the other, the deputation of their first institutions were excellent, performeth all
it
and government by synods.
But
authority. For the
the bishop giveth orders alone, excommunicateth alone, judgeth alone. This seemeth to be a thing almost without example in
first,
ecclesiastical jurisdiction as in consistory. And whereof consisteth this consistory, but of
good government, and therefore not unlikely to have crept in in the degenerate and corrupt times. whole world ? And hereof again we see many see the greatest kings and monarchs have shadows yet remaining: as, that the dean and There is no temporal court in chapter, pro forma," chooseth the bishop, which their councils. England of the higher sort where the authority is the highest point of jurisdiction and that the doth rest in one person. The king s bench, bishop, when he giveth orders, if there he any common-pleas, and the exchequer, are benches of ministers casually present, calleth them to join a certain number of judges. The Chancellor of with him in imposition of hands, and some other England hath an assistance of twelve masters of particulars. And, therefore, it seemeth to me a the chancery. The master of the wards hath a thinir reasonable and religious, and according to
the parish priests of Rome, which term them selves cardinals, cardinibus mundi;" because the bishop pretendeth to he universal over the
"a
We
"
council of the court
.<o
hath the chancellor of the
the
first institution,
that bishops, in the greatest
424

idiots,
causes, and those which require a spiritual dis

cerning,
persons incapable to execute the judicature
namely, in ordaining, suspending, or in person; and therefore such offices by all laws depriving ministers, in excommunication, being might ever be exercised and administered by dele The second reason is, because of the restored to the true and proper use, as shall be gation.
afterwards touched, in sentencing the validity of marriages and legitimations, in judging causes criminous, as simony, incest, blasphemy, and the like, should not proceed sole and unassisted which point, as I understand it, is a reformation
:
|
amplitude of their jurisdiction; which is as great as either their birthright from their ancestors, or
their swordright from God maketh it. And there fore if Moses, that was (governor over no great
can;|>,
people, and those collected together in a and not scattered in provinces and cities, himself and is a matter which will of an extraordinary spirit, was nevertheless not perturbation at all give strength to the bishops, countenance to the able to suffice and hold out in person to judge the inferior degrees of prelates or ministers, and the people, but did, by the advice of Jethro, approved better issue or proceeding to those causes that from God, substitute elders and judges ; how much more other kings and princes ! shall pass. There is a third reason, likewise, though not And as I wish this strength given to the bishops by council, so it is not unworthy your majesty s muc~h to the present purpose; and that is, that consideration, whether you shall not think fit to kings, either in respect of the commonwealth, or
|
that
may
be planted
:
"sine
strepitu,""
without any
give
strength
to
the general council
of your
of the greatness of their

parties in suits
:
own
patrimonies, are
clergy, the convocation house, restrained when the state of
which was then usually
and then their judges
the clergy was thought a suspected part of the kingdom, in regard of their late homage to the bishop of Rome ; which state now will give place to none
stand indifferent between them and the subject: but in the case of bishops, none of these reasons
and devotion to your majesty. For the second point, which is the deputation of their authority, I see no perfect and sure ground
in their loyalty
for that neither,
being somewhat different from
the examples and rules of government. The bishop exerciseth his jurisdiction by his chancel see in all lor and commissary official, &c.
We
For, first, their office is elective, and for and not patrimonial or hereditary ; an office merely of confidence, science, and qualification. And for the second reason, it is true, that their jurisdiction is ample, and spacious ; and that their time is to be divided between the labours as well in the word and doctrine, as in government and but yet I do not see, supposing the jurisdiction bishop s courts to be used incorniptly, and with
hold.
life,
:
laws in the world, offices of confidence and skill out any indirect course held to multiply causes cannot be put over, nor exercised by deputy, ex for gain of fees, but that the bishop might very his judicial cept it be especially contained in the original well, for causes of moment, supply And for ex function in his own person. For we see before our grant: and in that case it is dutiful. that one Chancellor of England despatcheth there was never any Chancellor of Eng eyes, perience, land made a deputy; there was never any judge the suits in equity of the whole kingdom which The bishop is a is not so much by reason of the excellency of that in any court made a deputy.
:
judge and of a high nature
whence cometh
it
rare honourable person
that he should depute, considering that all trust and confidence, as was said, is personal and
place
but
it
was ever
which now holdeth the so, though more or less
burdenous
to
the suitor, as the chancellor
was
inherent
more or less able to give despatch. And if hold be taken of that which was said before, that the posed ? Surely, fuit sic:" but it bishop s labour in the word must take up a prin that they gave themselves too much to the glory of the cipal part of his time ; so I may say again, world, and became grandees in kingdoms, and matters of state have ever taken up most of the to princes, then did they dele chancellors time; having been for the most part great counsellor* their proper jurisdictions, as things of too persons upon whom the kings of this realm have
;
and cannot, nor ought not
to
be trans
in this, again, "ab initio non is probable that bishops when
gate
a nature for their greatness : and then, and imitation of kings and counts palatine, they would have their chancellors
inferior
after the similitude
most
relied for matters of counsel.
And
there-
no doubt but the bishop, whose circuit is less ample, and the causes in nature not so multi and certificates and judges. plying, with the help of references But that example of kings and potentates giveth to and from fit persons, for the better ripening of no good defence. For the reasons why kings ad causes in their mean proceedings, and such ordi minister by their judges, although themselves are nary helps incident to jurisdiction, may very well is another help supreme judges, are two: the one, because the suffice his office. But yet there offices of kings are for the mostpart of inheritance ; for the causes that come before him, are these and it is a rule in all laws, that offices of inherit tithns, legacies, administrations, and other testa ance are rather matters that ground in interest mentary causes; causes matrimonial accusations
fore there is
: : ;
than in confidence: for as
upon women,
as they may fall upon intants, upon lunatics and
much
against ministers, tending to their suspension, incon "ency, deprivation, or degrading; simony.
:
OF Tin:
Ariric.vnoN or
metro"
TIM-:
to the sen-.- :u;d
it
425
course of the
M>BM
heresy, blasphemy, breach of the Sabbath, and :.tlnT like causes of scandal. Tlie lirM two of
th: -M
,
Common
law, as
may
well n
e. i\.
limitation.
iii
tithes
profit,
my opinion, ilitVer from ilie rest that is, and testaments; for those he mailers of a and in their nature temporal though,
; ;
!>y
favour and connivance of the temporal juris M.-U n, they have lieen allowed and permitted to the courts
ecclesiastical
CONCERNING THI-: LITURGY, CEREMOAM) M r.sciumoN.

.MI;>,
sue
the one, to the end the clergy m ^ h t tor that was thrir suslentation heforc their
;
i
the liturgy, great respect and heed )e taken, lest, by inveighing against the
FOR
would
dumb
own judges; and
tho other, in a kind of piety and religion, which was thought incident to the per formance of dead men s wills. And surely for
ministry, due reverence be not withdrawn from the liturgy. For, though the gift of preaching be
far
these two the bishop, in my opinion, may with ess danger discharge himself upon his ordinary
liturgy is as high
It is
above that of reading; yet the action of the and holy as that of the sermon.
said, "Domus
"
mea domus
prayer,"
orationis vocabi-
judges. And I think likewise it will fall out, that those suits are in the greatest number. But for
the rest,
creti
it
>n,
tnr
:"
the house of
not the house of

"
were
spiritual science and disin respect of their nature, or of the scandal, reason, in opinion, there were no au
which require a
shall
How preaching: and whereas the apostle saith, men call upon him, on whom they have not believed 1 And how shall they believe unless
And how
1
my
they hear?
preacher
dience given but by the bishop himself; he being also assisted, as was touched before hut it were
:
shall they hear, without a appeareth that as preaching is the more original, so prayer is the more final ; as the
?"
it
necessary also he were attended by his chancellor,

or
others his officers being learned in the civil laws, for his better instruction in points of
is between the seed and the fruit for the keeping of God s law, is the fruit of the teaching of the law; and prayer, or invocation, or divine formality, or the courses of the court: which if it service, or liturgy, for these be but varieties of were done, then were there less use of the official s terms, is the immediate hallowing of the name of court, whereof there is now so much complaint God, and the principal work of the first table, and and causes of the nature aforesaid being only of the great commandment of the love of God. It drawn to the audience of the bishop, it would is true that the preaching of the holy word of God repress frivolous and prowling suits, and give a is the sowing of the seed it is the lifting up of grave and incorrupt proceeding to such causes as the brazen serpent, the ministry of faith, and the shall be fit for the court. but yet it is good to ordinary means of salvation There is a third point also, not of jurisdiction, take example, how that the best actions of the but of form of proceeding, which may deserve worship of God may be extolled excessively and As the extolling of the sacra reformation, the rather, because it is contrary to superstitiously. the laws and customs of this land and state, which, ment bred the superstition of the mass; the ex though they do not rule those proceedings, yet tolling of the liturgy and prayers bred the super may they be advised with for better directions stition of the monastical orders and oraisons and and that is the oath "ex officio:" whereby men so no doubt preaching likewise may be magnified are enforced to accuse themselves, and, that tha and extolled superstitiously, as if all the whole is more, are sworn unto blanks, and not unto ac body of God s worship should be turned into an cusations and charges declared. By the law of ear. So as none, as I suppose, of sound judgment England, no man is bound to accuse himself. In will derogate from the liturgy, if the form thereof the highest cases of treason, torture is used for be in all parts agreeable to the word of God, the In capital mat example of the primitive church, and that holy discovery, and not for evidence. ters, no delinquent s answer upon oath is required ; decency which St. Paul commendeth. And, there not permitted. In criminal matters not capital no, fore, first, that there be a set form of prayer, and handled in the Star Chamber, and in causes of that it be not left either to an extern poral form, or to an arbitrary form. conscience, handled in the chancery, for the mos Secondly, that it consist an part grounded upon trust and secrecy, the oath well of lauds, hymns, and thanksgivings, as of of the party is required. But how ? Where there petitions, prayers, and supplications. Thirdly, is an accusation and an accuser, which we call that the form thereof be quickened with some bills of complaint, from which the complainant shortness and diversities of prayers and hymns, cannot vary, and out of the compass of the which and with some interchanges of the voices of tho
difference
some
the defendant
ant.
the court, and
But
to
not be examined, exhibited unto people, as well as of the minister. Fourthly, that by process notified unto the defend it admit some distinctions of times, and com examine a man upon oath, out of the memorations of God s principal benefits, as well
may
insinuation of fame, or out of accusations secret
general as particular.
Fifthly, that prayers like
and undeclared, though from the civil law, yet,

Voi.. II.
it
it
have some countenance wise be appropriated to several necessities and is so opposite ex dia- occasions of the church. Sixthly, that there be a
"
-54
2N2
420

pu!>-
form likewise of words and liturgy in the adrninis- veiled, that whore the hook in the preface to and in the denouncing lie baptism doth acknowledge that baptism in ttie of the censures of the church, and other holy practice of the primitive church was anm actions and solemnities; these things, I think, and but at certain times ; which showeth that the will not be much controverted. primitive church did not attribute so much to the Hut for the particular exceptions to the liturgy ceremony, as they would break an outward and iii form as it now standeth, I think divers of them, general order for it the book should afterwards allowing they were just, yet seem they not to be allow of private baptism, as if the ceremony were weighty ; otherwise than that nothing ought to be of that necessity, as the very institution, which counted light in matters of religion and piety ; as committed baptism only to the ministers, should etiam vultu saepe be broken in regard of the supposed necessity. the heathen himself could say,
tration of the sacraments,
,
"
leeditur
pietas."
That the word,
priest,
should
And,
but a
therefore, this point of all others

"
think
was
not be continued, especially with offence, the word,
Concessum
propter duritiem
cordis."
This may minister, being already made familiar. said, that it is a good rule in translation, never
l>e
to
confound that in one word in the translation

j
is precisely distinguished in two words in the original, for doubt of equivocation and traducAnd therefore seeing the word TTpt o/3vrpoj ing.
which
and Itptiis be always distinguished in the original ; and the one used for a sacrificer, the other for a
minister; the word, priest, being made common to both, whatsoever the derivation be, yet in use it confoundeth the minister with the sacrificer.
And for an example of this kind, I did ever allow the discretion and tenderness of the Rhemish trans
lation in this point
;
that finding in the original
For the form of celebrating matrimony, the ring seemeth to many, even of vulgar sense and under standing, a ceremony not grave, especially to be made, as the words make it, the essential part of the action; besides, some other of the words are noted in speech to be not so decent and fit. For music in churches; that there should be singing of psalms and spiritual songs, is not denied: so the question is "de modo;" wherein if a man will look attentively into the order and observation of it, it is easy to discern between the wisdom of the institution and the excess of the late times. For, first, there are no songs or verses sung by the choir, which are not supposed by
and never ?pwj, do ever translate continual use to be so familiar with the people, OJTTO.TI charity, and never love, because of theindifferency as they have them without book, whereby the anil equivocation of the word with impure love. sound hurteth not the understanding: and those Touching the absolution; it is not unworthy which cannot read upon the book, are yet par takers of the sense, and may follow it with their consideration, whether it may not be thought im for there are but two mind. So, again, after the reading of the word, proper and unnecessary sorts of absolution ; both supposing an obligation it was thought fit there should be some pause for precedent; the one upon an excommunication, holy meditation, before they proceeded to the rest which is religious and primitive; the other upon of the service which pause was thought fit to be confession and penance, which is superstitious, or filled rather with some grave sound, than with a at least positive ; and both particular, and neither still silence; which was the reason of the playing Therefore, since the one is taken away, upon the organs after the Scriptures read: all general. and the other hath its proper case, what doth a which was decent and tending to edification. But then the curiosity of division and reports, and general absolution, wherein there is neither pe nance nor excommunication precedent 1 for the other figures of music, have no affinity with the church never looseth, but where the church hath reasonable service of God, but were added in the bound. And surely I may think this at the first was more pompous times. For the cap and surplice, since they be things allowed in a kind of spiritual discretion, because in their nature indifferent, and yet, by some held the church thought the people could not be sud denly weaned from their conceit of assoiling, to superstitious; and that the question is between science and conscience, it seemeth to fall within which they had been so long accustomed. For confirmation, to my understanding, the the compass of the apostle s rule, which is, that state of the question is, whether it be not a matter the stronger do descend and yield to the weaker." mistaken and altered by time; and whether that. Only the difference is, that it will be materially be not now made a subsequent to baptism, which said, that the nile holdeth between private man was indeed an inducement to the communion, and private man; but not between the conscience But, For, whereas in the primitive church children were of a private man, and the order of a church. examined of their faith before they were admitted yet, since the question at this time, is of a tolerato the communion, time may seem to have turned tion, not by connivance, which may encourage it to refer as if it had been to receive a confirma- disobedience, but by law, which may give a tion of their baptism. liberty; it is good again to be advised whether it or lay persons, fall not within the equity of the former rule: the For private baptism by women, the best divines do utterly condemn it; and I hear rather, because the silencing of ministers by this it not generally defended; and I have often mar- occasion is, in this scarcity of good preachers, a
the
:
:
j
word
"
or TIM:
\<
n u ATIO.N
>F
TIIK
s>mc
CHURCH.
427
l>y
M Hpon tb* pwtyi

sr.-niri.i
ti>
pnnisluiit
iit
that lijjhtelh u|inn
tin-
people us well
And
me
in tin-
for tin- subscription, it nature of a confession, and

t
church, years, and afterwards put down order indeed from the church, in regard of some
then-tori
and
more proper to hind in the unity of .uili, be urged rather for articles of doctrine, than for rites and ceremoni- -s, and points of outI or, howsoever politic conward government.
to
abuse thereof, mconvenii nt f r llm.se tin, yet. against the advice and opinion of one of thn "tvatest and gravest prelates of this land, and was
foininonly called prnphi -sying ; which was ihiv Tlial tin- ministers within a precinct did meet upon
:
and reasons of state may require uni- a week-day in some principal town, where there and divine grounds look was some ancient urave minister that was presi dent, and an auditory admitted of gentlemen, or rhielly upon unity.
sidcratioiis
funnily
yet, Christian
other persons of leisure.
Then
every minister
TOUCHING A PREACHING MINISTRY.

speak of a learned ministry ; it is true that the worthiness of the pastors and ministers is of al other points of religion the most summary; I do not say the greatest, but the most effectual to1
|
successively, beginning with the youngest, did handle one and the same part of Scripture, spend ing severally some quarter of an hour or better,
and in the whole some two hours and so the exercise being begun and concluded with prayer, and the president giving a text for the next meet:
ing, the
assembly was dissolved.

it,
And
this
was,
as
take
but herein, to my understanding, vards wh le men go on in zeal to hasten this work, they are not aware of as great or greater inconvenience, than that which they seek to remove. For, while
the rest
:
opinion,
was
a fortnight s exercise; which, in my the best way to frame and train up
preachers to handle the word of God as it ought to be handled, that hath been practised. For we see orators have their declamations, lawyers have
their moots, logicians their
dumb ministry, they make too easy and too promiscuous an allowance of sucl as they account preachers ; having not
thoy inveigh against a
respect enough to their learnings in other arts, which are handmaids to divinity ; not respect enough to years, except it be in case of extraordi
!
sophisms; and every
practice of science hath an exercise of erudition and initiation before men come to life ; only
is the worthiest, and wherein it most danger to do amiss, wanteth an introducand is ventured and rushed upon at the tion, nary gift; not respect enough to the gift itself, first. But unto this exercise of the prophecy, I wb -h many times is none at all. For God for would wish these two additions the one, that bid, fnat every man that can take unto himself after this exercise, which is in some sort public, boldness to speak an hour together in a church, there were immediately a private meeting of the upon a text, should be admitted for a preacher, same ministers, where they might brotherly though he meat, ever so well. I know there is a admonish the one the other, and especially the elder sort the younger, of any thing that had great latitude in gifts, and a great variety in audi tories and congregations; but yet so as there is passed in the exercise, in matter or manner, below which you ought not unsound and uncomely; and, in a word, might "aliquid infimum," to descend. For, you must rather leave the ark mutually use such advice, instruction, comfort, to shake as it shall please God, than put unworthy or encouragement, as occasion might minister; hands to hold it up. And when we are in God s for public reprehension were to be debarred. The put our hands other addition that I mean, is, that the same temple, we are warned rather to upon our mouth, than to offer the sacrifice of exercise were used in the universities for young
preaching, which
is
"
fools."
that
And surely it may be justly thought, divines, before they presumed to preach, as well amongst many causes of atheism, which are as in the country for ministers. For they have in some colleges an exercise called a commonplace ; miserably met in our age; as schisms and con troversies, profane scofiings in holy matters, and which can in no degree be so profitable, being but
it is not the least that divers do adventure handle the word of God, which are unfit and And herein I would have no man unworthy. mistake me, as if I did extol curious and affected preaching; which is as much on the other side to
others;
to
the speech of one man at one time. feared that it may be occasion to
And
if
it
be
s
whet men
speeches
for controversies,
it
is
easily remedied,
bfl
disliked, and breedeth atheism
and scandal as
not be offended
i
strict prohibition, that matters of contro versy tending any way to the violating or disqui eting the peace of the church, he not handled 01
by some
well as the other: for

at one that
who would
upon
pulpit, as if he came the stage to play parts or prizes ? neither, on
cometh into the
entered into; which prohibition, in regard there is ever to be a grave person president or moderaThe second considerutor, cannot be frustrated.
tion
is,
the other side, as if I would discourage any hath any tolerable gift.
v\
ho
whether
:
it
were not convenient there
tions
I ground three considera were not requisite to renew that good exercise which was practised in this
But, upon this point,

:
first,
whether
it
should be a more exact probation and examination of ministers namely, that the bishops do not ordain alone, but by advice; and then that ancient
holy order of the church might be revived
;
by
tbt>
428

ground two considerations: the one, that tl.i* censure be restored to the true dignity and use
thereof; which is, that it proceed not but in causes of great weight; and that it be decreed not by any deputy or substitute of the bishop, but by the
which the bishop did ordain ministers but at four set times of the year; which were called "Quawhich are now called Embertuor tempora weeks it being thought fit to accompany so high an action witn general fasting and prayer, and sermons, and all holy exercises and the names likewise of those that were to be ordained, were published some days before their ordination to the end exceptions might be taken, if just cause
;"
bishop in person
and not by him alone, but by
were. The third consideration is, that if the case of the Church of England be, that were a compu tation taken of all the parochian churches, allow ing the union of such as were too sm-all and
adjacent, and again a computation to be taken of the persons who were worthy to be pastors; and,
is, that in lieu thereof, there be given to the ecclesiastical court some ordinary process, with such force and coercion as
the bishop assisted. The other consideration
appertaineth; that so the dignity of so high a sentence being retained, and the necessity of mean process supplied, the church may be indeed
restored to the ancient vigour and splendour. To this purpose, joined with some other holy and
upon
the said account if
it fall
out that there are
than pastors, then of neces sity recourse must be had to one of these reme dies; either that pluralities must be allowed,
especially if you can by permutation make the benefices more compatible ; or that there be
many more churcnes
good purposes, was there a bill drawn in parlia ment, in the three-and-twentieth year of the reign of the queen deceased which was the gravest parliament that I have known; and the bill re
;
commended by
the gravest counsellor of estate in

it
parliament; though afterwards
was stayed by
allowed preachers to have a more general charge, to supply and serve by turn parishes unfurnished for that some churches should be provided of pas tors able to teach, and others wholly destitute, seemeth to me to be against the communion of saints and Christians, and against the practice of
:
the queen s special commandment, the nature of those times considered.
the primitive church.
TOUCHING NON-RESIDENTS AND

PLURALITIES.
non-residence, except it be in case of neces* sary absence, it seemeth an abuse drawn out of covetousness and sloth: for that men should live
FOR
TOUCHING THE ABUSE OF EXCOM

MUNICATION.
EXCOMMUNICATION is the greatest judgment upon earth ; being that which is ratified in heaven and being a precursory or prelusory judgment of
;
of the flock that they do not feed, or of the altar at which they do not serve, is a thing that can hardly receive just defence; and to exercise the
office
trine,
of a pastor, in matter of the word and doc by deputies, is a thing not warranted, as
judgment of Christ in the end of the hath been touched before. The questions upon And, therefore, for this to be used irreve this point do arise upon the cases of exception rently, and to be made an ordinary process, to and excusation, which shall be thought reasonable lackey up and down for fees, how can it be with and sufficient, and which not. For the case of out derogation to God s honour, and making the chaplains, let me speak that with your majesty s I know very power of the keys contemptible ? pardon, and with reverence towards the other well the defence thereof, which hath no great peers and grave persons, whose chaplains by
the great
world.
force
that
it
but for the contumacy.
issueth forth not for the thing itself, I do not deny, but this
statutes are privileged: I should think, that the
judgment is, as I said before, of the nature of s judgments; of the which it is a model. For as the judgment of God taketh hold of the no benefice, than why they should be qualified to least sin of the impenitent, and taketh no hold of have two for, as it standeth with Christian policy,
God
attendance which chaplains give to your majesty s court, and in the houses and families of their lords, were a juster reason why they should have
:
the greatest sin of the convert or penitent; so that such attendance be in no wise neglected; excommunication may in case issue upon the because that good, which ensueth thereof to the smallest offence, and in case not issue upon the church of God, may exceed, or countervail that greatest but is this contumacy such a contumacy which may follow of their labours in any, though as excommunication is now used forl For the never so large a congregation so it were reasona contumacy must be such as the party, as far as ble that their maintenance should honourably and the eye and wisdom of the church can discern, liberally proceed thence, where their labours be standeth in state of reprobation and damnation Neither are there wanting in the employed.
:
as one that for that time seerneth given over to final impenitency. Upon this observation I
church dignities and preferments not joined with any exact cure of souls; by which, and by the
OF
Till
ACIFK ATION
<>F
TIIK
429
hope of which, such attendants in ordinary, who ought to he, as fur the must part they are, of the farther encouraged îfts and sort, may ami rewarded. And as for extraordinary attend well retain tlie grace and ants, they may very countenance of their places and duties at times
l>e>t
T.I
\>f
ING THE PROVISION FOR SUFFICIENT MAIMK.NAMi; V\ THK CHURCH.

1
Touching church maintenance, it is well to be weighed what is "jure divino," and what "jure
incident thereunto, without discontinuance or non- positive," It is a constitution of the divine law, residence in their pastoral charges. Next, for the from which human laws cannot derogate, that case of intending studies in the universities, it those which feed the flock should live of th
will more easily receive an answer; for studies do but serve and tend to the practice of those studies: and, therefore, for that which is most principal and final to he left undone, for the attending of that which is subservient and submitiistrant, seemeth to be against proportion of Neither do 1 see, but that they proceed reason. right well in all knowledge, which do couple study with their practice and do not first study altogether, and then practise altogether; and
;
flock
that those that serve at the altar should

;
live at the altar

ritual
that those
which dispense
spi
reap temporal things; of also an appendix, that the proportion of this maintenance be not small or necessitous,
things should
it
which
is
but plentiful and liberal.
So, then, that all the places and offices of the church be provided of such a dotation, that they may be maintained, ac cording to their several degrees, is a constitution
:
therefore they
may
very well study at their bene
fices. Thirdly, for the case of extraordinary ser vice of the church ; as if some pastor be sent to
a general council, or here to a convocation ; likewise for the case of necessity, as in the par ticular of infirmity of body, and the like, no man
permanent and perpetual but for particularity of endowment, whether it should consist of tithes, or lands, or pensions, or mixed, might make a question of convenience, but no question of pre and cise necessity. Again, that the case of the church
the
de facto
"
is
such, that there
is
want
in the
church of patrimony, is confessed. For the prin will contradict, but that there may be some sub cipal places, namely, the bishops livings, are, in But the general case of some particulars, not sufficient ; and therefore en stitution for such a time. necessity is the case of pluralities ; the want of forced to be supplied by toleration of Commenpastors and insufficiency of livings considered, dams, things of themselves unfit, and ever held that a man doth faithfully and inces And as for the benefices and of no good report. "posito,"
santly divide
his
labours
I
whirh kind of necessity

For
nisters
come now
between two cures; pastors places, it is manifest that very many of to speak of them are very weak and penurious. On the other
side, that there
in tne handling of pluralities.

pluralities, in case the
was a time when
the church
was
number of able mi
were sufficient, and the value of benefices were sufîent, then pluralities were in no sort But we must take heed, we desire not tolerable. For to desire that every parish should contraries. be furnished with a sufficient preacher, and to
desire that pluralities be forthwith taken away, is to desire things contrary ; considering, de facto," there are not sufficient preachers for every parish
"
rather burdened with superfluity, than with lack, that is likewise apparent; but it is long since ; so
as the fault
was
in others, the
it
want redoundeth
be wished that
unto us.
Again, that
were
to
impropriations were returned to the church as the most proper and natural endowments thereof, is a
thing likewise wherein men s judgments will not much vary. Nevertheless, that it is an impossi
bility to proceed now, either to their resumption whereunto add, likewise, that there is not suffi or redemption, is as plain on the other side. For cient living and maintenance in many parishes to men are stated in them by the highest assurance maintain a preacher; and it maketh the impossi of the kingdom, which is, act of parliament ; and The remedies the value of them amounteth much above ten sub bility yet much the greater. rerum natura," are but three ; union, permutation, sidies ; and the restitution must of necessity pass and supply. Union of such benefices as have the their hands, in whose hands they are now in pos living too small, and the parish not too great, and session or interest. are adjacent. But of these things, which are manifestly true, Permutation, to make benefices more compatible, though men be overruled to to infer and ground some conclusions. First, in some loss in changing a better for a nearer. Sup mine own opinion and sense, I must confess, let ply, by stipendiary preachers, to be rewarded with me speak it with reverence, that all the parlia some liberal stipends, to supply, as they may, ments since 27 and 31 of Henry VIII., who gave such places which are unfurnished of sufficient away impropriations from the church, seem to me pastors: as Queen Elizabeth, amongst other her to stand in a sort obnoxious, and obliged to God in conscience to do somewhat for the church, to gracious acts, did erect certain of them in Lan cashire ; towards which pensions, I see no reason reduce the patrimony thereof to a competency. but reading ministers, if they have rich benefices, For since they have debarred Christ s wife of a should be charged. great part of her dowry, it were reason they made
:
"in
430

before God.
her a competent jointure. Next, to say, that impropriations should be only charged, that carrieth
neither possibility nor reason. for the reasons touched before
But of
I
maintenance,
do not think
this point, touching churchfit to enter into farther

fitter
Not
:
possibility,
particularity, but reserve the same to a
time.
not reason, be cause, if it be conceived, that if any other person be charged, it should he a recharge, or double
Thus have
heart, to
I in all
humbleness and sincerity of
the
best of
my
understanding, given
your majesty
charge, inasmuch as he payeth tithes already, For it must be remem that is a thing mistaken. bered, that as the realm gave tithes to the church,
so the realm since again hath given tithes away from the church unto the king, as they may give their eighth sheaf or ninth sheaf. And, therefore,
s tribute of my cares and cogita tions in this holy business, so highly tending to
God
glory,
your
peace and welfare am persuaded that not need so much the sword of the
majesty s honour, and the of your states insomuch as I the Papists themselves should
:
the severity of penal laws, if
cannot go in de feasance or discharge of that perpetual bond, wherewith men are bound to maintain God s
the
first gift
being evacuated,
it
Spirit were better edged, by strengthening the authority, and suppressing the abuses in the church.
ministers.
And
so
we see in
example, that divers
To conclude, renewing my most humble sub mission of all that I have said to your majesty s
most high wisdom, and again, most humbly craving pardon for any errors committed in this writing; which the same weakness of judgment
that suffered
godly and well-disposed persons, not impropriaare content to increase their preachers livings; which, though in law it be but a bene
tors,
volence, yet before
God
it is
a conscience.
Far
like
me
to
commit them, would

I
not suffer
ther, that impropriation should not be
somewhat me
to discover
them,
more deeply charged than other revenues of
value, methinks, cannot well be denied, both in regard of the ancient claim of the church, and the
intention of the
first giver and, again, because they have passed in valuation between man and man somewhat at the less rate, in regard of the said pretence or claim of the church in conscience
:
in joining your two kingdoms, so you may be also as a corner-stone to unite and knit together these differences in the church of God ; to whose heavenly grace and
fervent prayer to majesty the corner-stone,
end with my devout and God, that as he hath made your
never-erring direction, I commend your majesty s sacred person, and all your doings.
TRANSLATION OF CERTAIN PSALMS

INTO ENGLISH VERSE.
BY THE
RIGHT HONOURABLE FRANCIS, LORD VERULAM, VISCOUNT

PRINTED AT LONDON, 1625, IN QUARTO.
ST.
ALBAN.
TO HIS VERY GOOD FRIEND, MR. GEORGE HERBERT.

The pains*
put
that
it
me
in
mind
to dedicate to
pleased you to take about some of my writings, I cannot forget; which did you this pflor exercise of my sickness. Besides, it being my manner
for dedications, to
choose those that I hold most fit for the argument, I thought, that in respect of divinity and poesy met, whereof the one is the matter, the other the style of this little writing, I could not make better choice : so, with signification of my love and acknowledgment, I ever rest
Your
affectionate friend,
FR. ST. ALBAN
THE TRANSLATION OF THE
1st
PSALM.
For why
the Lord hath special eye

:
WHO
never gave to wicked reed
A yielding and attentive ear; Who never sinners paths did tread,
Nor sat him down in scorner s chair; But maketh it his whole delight On law of God to meditate;
To be the godly s stay at call And hath given over, righteously, The wicked man to take his fall

HELP, Lord,
for
Xllth
PSALM.
flight,
And
That man
therein spendeth day and night is in a happy state.
godly men have
took their
And
left the eaith to
be the wicked s den:
He
shall be like the fruitful tree,
Planted along a running spring,
Not one that siandeth fast to truth and right, But fears, or seeks to please, the eyes of men.
Which,
in due season, constantly goodly yield of fruit doth bring: Whose leaves continue always green, And are no prey to winter s power: So shall that man not once be seen Surprised with an evil hour.
When
one with other falls in talk apart, Their meaning go th not with their words,
in proof,
fair
But
they
flatter
with a cloven heart,
By
pleasing words, to work their
own
behoof.
With wicked men

Their
lot is of
it is
not so,
:
But, God, cut off the lips, that are all set To trap the harmless, soul, that peace hath
another kind
All as the chaff, which to and fro Is toss d at mercy of the wind.
vow d And pierce the tongues, that seek to counterfeit The confidence of truth, by lying loud
;
:
And when he
A
So
judgment plead, casting sentence bide he must:
shall in
Yet so they think
to reign,
anu work their will
shall he not lift up his head In the assembly of the just.
By subtile speech, which enteis everywhere ; And say : Our tongues are ours, to help us still
What
need
we any
higher
pow
to fear
* Or translating part of the Advancement of Learning into Latin.
431
432
A TRANSLATION OF CERTAIN PSALMS.

for the bitter
Now,
sighing of the poor,
The
The Lord hath said, I will no more forbear The wicked s kingdom to invade and scour, And set at large the men restrain d in fear. And sure the word of God is pure and fine, And in the trial never loseth weight;
Like noble gold, which, since it left the mine, Hath seven times pass d through the fiery strait.
life of man is threescore years and ten, Or, if that he be strong, perhaps fourscore; Yet all things are but labour to him then,
New
To
Jut
Why
sorrows still come on, pleasures no more. should there be such turmoil and such
strife,
spin in length this feeble line of
life ?
who
And now
thy word forsake, Nor yet the righteous man that leans thereto; But wilt his safe protection undertake, In spite of all their force and wiles can do.
thou wilt not
first
Or doth
or thou,
considers duly of thine ire? the thoughts thereof wisely embrace?

:
Frail
O God, art a consuming fire man, how can he stand before thy face
brings
all
If thy displeasure thou dost not refrain,
And time it is, Lord, thou didst draw nigh The wicked daily do enlarge their bands And that which makes them follow ill a vie,
;
moment
back
to
dust again.
Teach us,
Rule
is
betaken
to
unworthy hands.
Lord, to number well our days, Thereby our hearts to wisdom to apply ;
that
For
which guides man best
in all his
ways,
Is meditation of mortality. This bubble light, this vapour of our breath,
Teach us
to consecrate to
hour of death.

O
LORD, thou
art our
XCth PSALM.
fly,
;
home,
to
whom we
so hast always been, from age to age Before the hills did intercept the eye,
And
unto us, Lord, and balance now, of joy, our days of misery; Help us right soon ; our knees to thee we bow, Depending wholly on thy clemency ;
ileturn
With days
Then
;
shall thy servants, both

life in
with heart and
Or that the frame was up One God thou wert, and
of earthly stage,
voice,
The
line of time,
it
art, and still shalt be doth not measure thee.
All the days of their
thee rejoice.
Begin thy work,

Both death and
life
obey thy holy
lore,
;
Show
it
O Lord, in this our age, unto thy servants that now live
And
they are sent thousand years with thee they are no more Than yesterday, which, ere it is, is spent: Or as a watch by night, that course doth keep,
visit in their turns, as
But to our children raise it many a stage, That all the world to thee may glory give. Our handy work likewise, as fruitful tree
Let
it,
Lord, blessed, not blasted be.
And
goes, and comes, unwares to

sleep.
them tha
Thou carryest man away as with a
tide
Then down swim

high
;
all his
thoughts that mountec

FATHER and King
CIVth
PSALM.
Much
like a* mocking dream, that will not bide, But flies before the sight of waking eye Or as the grass, that cannot term obtain, To see the summer come about again.
;
Whose sounding fame all
of powers, both high and low, creatures serve to blow ;
At morning,
At even
fair it
musters on the ground
cut down, and laid along: And though it spared were, and favour found, The weather would perform the mower s wrong
it is
Thus hast thou hahg d our life on brittle pins To let us know it will not bear our sins.
up thy praise, carol of thy works and wondrous ways. But who can blaze thy beauties, Lord, aright? They turn the brittle beams of mortal sight. Upon thy head thou wear st a glorious crown, All set with virtues polish d with renown Thence round about a silver veil doth fall Of crystal light, mother of colours all. The compass heaven, smooth without jrrain, ;r
My
soul shall with the rest strike
And
fold,
Thou buryest not within oblivion s tomb Our trespasses, but enterest them aright Ev n those that are conceived in darkness womb To thee appear as done at broad daylight. As a tale told, which sometime men attend,
;
All set with spangs of glittering stars untold, And striped with golden beams of power unpent
Is raised
And sometimes
not, our life steals to
an end
up for a removing tent. Vaulted and arched are his chamber beams Upon the seas, the waters, and the streams: The clouds as chariots swift do scour the sky The stormy winds upon their wings do fly.

His angels spirits arc, th;it wait As il; lines of fire his anger they
his will
fulfil.
;
433
fly,
But when the day appears, they back do And in their dens again do lurking lie.
I
In the beginning, with a mi<ihty hand, lie in. uli- the farih by counterpoise to stand,
to move, but to be fixed still Yei hath no pillars but his sacred will. This earth, as with a veil, once cover d was, The waters overflowed all the mass But upon his rebuke away they fled, Ami then the hills began to "how their head ; The vales their hollow bosoms open d plain, The streams ran trembling down the vales
;
:
man goes forth to labour in the field, Whereby his grounds more rich increase may
h
11
Never
yield.
Lord, thy providence sufficeth all ; Thy goodness, not restrained, but general Over thy creatures the whole earth doth flow
:
With thy great largess pour d forth here below, Nor is it earth alone exalts thy name,
But seas and streams likewise do spread the
same.
again
more might drowned be, bounds of liberty; There do the stately ships plough up the floods, And though his waves resound, and beat the shore, The greater navies look like walking woods Yet it is bridled by his holy lore. The fishes there far voyages do make, Then did the rivers seek their proper places, To divers shores their journey they do take. And found their heads, their issues, and their There hast thou set the great leviathan, That makes the seas to seeth like boiling pan. races; The springs do feed the rivers all the way, All these do ask of thee their meat to live, And so the tribute to the sea repay Which in due season thou to them dost give. Running along through many a pleasant field, Ope thou thy hand, and then they have good
that the earth no
And
The rolling seas unto the lot doth fall Of beasts innumerable, great and small;
He
set the sea his
Much
fruitfulness unto the earth they yield:

cattle feeding by, for to slake their thirst do thither hie.
fare;
That know the beasts and
Shut thou thy hand, and then they troubled are. All life and spirit from thy breath proceed, Which desert grounds the streams do not forsake, Thy word doth all things generate and feed. Nay, But through the unknown ways their journey If thou withdraw st it, then they cease to be, take: And straight return to dust and vanity ;
asses wild, that hide in wilderness,
The
Do
thither
come, their
thirst for to refresh.
But when thy breath thou dost send forth again. Then all things do renew and spring amain; So that the earth, but lately desolate, Doth now return unto the former state. The glorious majesty of God above
Shall ever reign in mercy and in love
:
The shady
trees along their banks do spring, In which the birds do build, and sit, and sing; Stroking the gentle air with pleasant notes, Plaining, or chirping through their warbling
throats.
God
;
shall rejoice all his fair
works
all
to see,
The higher grounds, where waters cannot rise, By rain and dews are water d from the skies
Causing the earth put
For as they come from him,
The
And garden herbs, served at the greatest And bread, that is all viands firmament, And gives a firm and solid nourishment;
forth the grass for beasts, feasts ;
perfect be. earth shall quake, if aught his wrath provoke ; Let him but touch the mountains, they shall
smoke.
And wine, man s spirits for to recreate; And oil, his face for to exhilarate. The sappy cedars, tall like stately towers,
High-flying birds do harbour in their bowers:
As long as life doth last I hymns will sing, With cheerful voice, to the eternal King; As long as I have being, I will praise The works of God, and all his wondrous ways. 1 know that he my words will not despise,
Thanksgiving is to him a sacrifice. But as for sinners, they shall be destroy d
The holy
Choose
storks, that are the travellers, for to dwell and build within the firs;
From
;
off the earth, their places shall
be void.
!
The climbing goats hang on steep mountains The digging coneys in the rocks do bide. The moon, so constant in inconstancy,
Doth
side
Let
works praise him with one accord praise the Lord, my soul praise ye the Lord
all
his
The
.Ind
rule the monthly seasons orderly ; sun, eye of the world, doth know his race, when to show, and when. to hide his face.
Thou makest
When
As And range abroad, secured from sight of men. Then do the forests ring of lions roaring,
That ask VOL.
their
;
darkness, that it may be night, as the savage beasts, that fly the light, conscious of man s hatred, leave their den,

PSALM.
CXXVItli
WHEN God
And
in a
return d us graciously
to be,
meat of God,
their strength restor-
Unto our native land, We seem d as in a dream
inty
maze
to stand.
II.
55
20
434

Jerusalem, where God his throne hath set, Shall any hour absent thee from my mind ? Then let my right-hand quite her skill forget,
The heathen likewise they could say: The God, that these men serve,
Hath done great things
Their nation
Tis true
for
them
this day,
to preserve.
Then
let
my
God
hath pour d out his grace

praise,
Nay, That
if I
voice and words no passage do not thee prefer in all
find
in the
fall.
compass of
On
my
though.3 can
us abundantly,
For which we yield him psalms and
And thanks
with jubilee.
Remember thou, O Lord, the Of Edom s children, which

"
cruel cry did ring and sound,
Lord, turn our captivity,
Inciting the Chaldean s cruelty,
As winds,
Do
that blow at south, pour the tides with violence Back to the rivers mouth.
Down
with
it,
down
with
it,
even unto the
ground."
Who
In that good day repay it unto them, When thou shall visit thy Jerusalem.
sows
in tears shall reap in joy,
The Lord doth
so ordain
So that his seed be pure and good, His harvest shall be gain.
And thou, Babylon, shalt have thy turn By just revenge, and happy shall he be
That thy proud walls and towers
shall
waste and
And

PSALM.
CXXXVIIth
burn, as thou didst by us, so do by thee. Yea, happy he, that takes thy children ^ bones, And dasheth them against the pavement
stones.
WHEN, as we sat all sad and desolate, By Babylon upon the river s side,
Eased from the tasks which in our captive We were enforced daily to abide, Our harps we had brought with us
field,
state

to the
CXLIXth
PSALM.
SING a new song to our God above, Avoid profane ones, tis for holy choir: Let Israel sing songs of holy love To him that made them, with their hearts on fire Let Zion s sons lift up their voice and sing Carols and anthems to their heavenly King.
:
Some
solace to our heavy souls to yield.
But soon we found we fail d of our account, For when our minds some freedom did obtain, Straightways the memory of Sion Mount
Did cause afresh our wounds to bleed again; So that with present griefs, and future fears,
Our eyes
As
burst forth into a stream of tears.
We
Yet
for our harps, since
sorrow struck them dumb, hang d them on the willow trees were
near;
did our cruel masters to us come,
Asking of us some Hebrew songs to hear: Taunting us rather in our misery,
Let not your voice alone his praise forth tell, But move withal, and praise him in the dance; Cymbals and harps let them be tuned well, Tis he that doth the poor s estate advance: Do this not only on the solemn days, But on your secret beds your spirits raise.
bear in their mouth his praise, drawn in their hand, Therewith for to revenge the former days
let the saints
Than much
Alas, said we,
delighting in our melody.
And
a two-edged sword
who can
once force a frame
His grieved and oppressed heart to sing The praises of Jehovah s glorious name,
1
In banishment, under a foreign king
Upon all nations that their zeal withstand ; To bind their kings in chains of iron strong. And manacle their nobles for their wrong.
Expect the time, for tis decreed in heaven. Such honour shall unto his saints be given.
In Zion is his seat and dwelling-place, Thence doth he show the brightness of his
face.
ADVERTISEMENT TOUCHING A HOLY WAR.

WRITTEN
IN
THE YEAR MDCXXII
LANCELOT ANDREWS,
LORD BISHOP OF WINCHESTER, AND COUNSELLOR OF ESTATE TO HIS MAJESTY.
MY
LOKD,
consolations, it is not the least to represent to a man s self like examples of calamity For examples give a quicker impression than arguments; and, besides, they certify us, that which the Scripture also tendereth for satisfaction; "that no new thing is happened unto us." This they do the better, by how much the examples are liker in circumstances to our own case; and more especially if they fall upon persons that are greater and worthier than ourselves. For as it savoureth of vanity, to match ourselves highly in our own conceit; so, on the other side, it is a good sound conclusion, that if our betters have sustained the like events, we have the less cause to
Amongst
in others.
be grieved. In this kind of consolation

tasted, through
of
my
I have not been wanting to myself, though, as a Christian, I have goodness, of higher remedies. Having, therefore, through the variety reading, set before me many examples, both of ancient and later times, my thoughts, I
God
s great
confess, have chiefly stayed upon three particulars, as the most eminent and the most resembling. All three persons that had held chief place of authority in their countries; all three ruined, not by war, or by any other disaster, but by justice and sentence, as delinquents and criminals; all three
writers, insomuch as the remembrance of their calamity is now as to posterity but as a little picture of night-work, remaining amongst the fair and excellent tables of their acts and works: and all three, if that were any thing to the matter, fit examples to quench any man s ambition of
famous
rising again; for that they were every one of them restored with great glory, but to their farther ruin and destruction, ending in a violent death. The men were, Demosthenes, Cicero, and Seneca;
persons that I durst not claim affinity with, except the similitude of our fortunes had contracted it. When I had cast mine eyes upon these examples, I was carried on farther to observe, how they did bear their fortunes, and principally, how they did employ their times, being banished, and disabled
for public business: to the end that I might learn by them; and that they might be as well my counsellors as my comforters. Whereupon I happened to note, how diversely their fortunes wrought upon them; especially in that point at which 1 did most aim, which was the employing of their times and pens. In Cicero, I saw that during his banishment, which was almost two years, he was
so softened and dejected, as he wrote nothing but a few womanish epistles. And yet, in mine for that although it was judged, and opinion, he had least reason of the three to be discouraged judged by the highest kind of judgment, in form of a statute or law, that he should be banished, and his whole estate confiscated and seized, and his houses pulled down, and that it should be
:
hi<rhly
penal
;
for
it
any man
to
propound a repeal; yet his case even then had no great blot of
was thought but a tempest of popularity which overthrew him. Demosthenes, contr.iriwise, though his case was foul, being condemned for bribery, and not simple bribery, but bribery
ignominy
for
and disloyalty, yet, nevertheless, took so little knowledge of his fortune, as during his banishment he did much busy himself, and intermeddle with matters of state; and took upon him tn counsel the state, as if he had been still at the helm, by letters; as appears by some
in the nature of treason
epistles of his
which are extant. Seneca indeed, who was condemned for many corruptions and crimes, and banished into a solitary island, kept a mean; and though his pen did not freeze, yet he abstained from intruding into matters of business; but spent his time in writing books of excellent
nr<niment
and use
for all
ages; though he might have made better choice, sometimes, of his
dedications.
435
436
OF A HOLY WAR.
in a resolution,
These examples confirmed me much
whereunto
was otherwise
inclined, to
spend
time wholly in writing; and to put forth that poor talent, or halt tak-nt, or what it is, that God hath given me, not, as heretofore, to particular exchanges, hut to banks, or mounts of perpetuity, which will not break. Therefore, having not long since set forth a part of my Instauration which
my
work that, in mine own judgment, nunquam fallit imago," I do most esteem I think to proceed in some new parts thereof; and although I have received from many parts beyond the seas, testimonies touching that work, such as beyond which I could not expect at the first in so abstruse
is
the
"si
an argument ; yet, nevertheless, I have just cause to doubt, that it flies too high over men s heads: I have a purpose, therefore, though I break the order of time, to draw it down to the sense, by some pat terns of a natural story and inquisition. And, again, for that my book of Advancement of Learning
may
mixture of with some

that
be some preparative, or key, for the better opening of the Instauration ; because it exhibits a new conceits and old ; whereas the Instauration gives the new unmixed, otherwise than
little
aspersion of the old for taste s sake;
have thought good
to procure a translation of
into the general language, not without great and ample additions, and enrichment thereof, especially in the second book, which handleth the partition of sciences ; in such sort, as I hold it may
first part of the Instauration, and acquit my promise in that part. Again, because cannot altogether desert the civil person that I have borne; which, if I should forget, enough would 1 have also entered into a work touching laws, propounding a character of justice in a remember; middle term, between the speculative and reverend discourses of philosophers, and the writings of lawyers, which are tied and obnoxious to their particular laws. And although it be true, that I had a purpose to make a particular digest, or recompilement of the laws of mine own nation ; yet, because it is a work of assistance, and that which I cannot master by mine own forces and pen, I have laid it
book
serve in lieu of the
in the work of mine Instauration had in contemplation the general good of men very being, and the dowries of nature ; and in my work of laws, the general good of men likewise in society, and the dowries of government; I thought in duty I owed somewhat unto my own country, which I ever loved insomuch as, although my place hath been far above my desert,
aside.
Now, having
in their
yet my thoughts and cares concerning the good thereof were beyond, and over, and above BO now being, as I am, no more able to do my country service, it remained unto me to do which I have endeavoured to do it in my work of the Reign of King Henry the Seventh.
my
it
place:
;
honour
for
As
my
Essays, and some other particulars of that nature, I count them but as the recreations of my other studies, and in that sort purpose to continue them : though I am not ignorant that those kind of writ ings would, with less pains and embracement, perhaps, yield more lustre and reputation to my name than those other which I have in hand. But I account the use that a man should seek of the publish
writings before his death, to be but an untimely anticipation of that which is proper man, and not to go along with him. But, revolving with myself my writings, as well those which I have published, as those which I had in hand, methought they went all into the city, and none into the temple where, because I have found so great consolation, I desire likewise to make some poor oblation. Therefore I have chosen an argument mixed of religious and civil considerations; and likewise mixed between contem Great mat For who can tell whether there may not be an exoriere aliquis plative and active. and the platform may draw ters, especially if they be religious, have many times small beginnings I have dedicated on the building. This work, because I was ever an enemy to flattering dedications, to your lordship, in respect of our ancient and private acquaintance and because amongst the men of
ing of his
own
to follow a
"
1"
our times
hold you in special reverence.
Your
lordship
loving friend,
FR. ST. ALBAN.
THE PERSONS THAT SPEAK
EUSEBIUS, GAMALIEL, ZEBEDÛS, MARTIUS, EUPOLIS, POLLIO.

THERE met at Paris, in the house of Eupolis,* were set in conference, Pollio came in to them Eusebius, Zebedseus, Gamaliel, Martius, all per from court, and as soon as he saw them, after hia sons of eminent quality, but of several dispositions. witty and pleasant manner, he said, while they POLLIO. Here be four of you, I think, were able Eupolis himself was also present ; and to make a good world ; for you are as differing as At * Characters of the persons. Eusebius bearelh the cha the four elements, and yet you are friends. racter of a moderate divine Gamaliel of a Protestant zealot for Eupolis, because he is temperate, and with of a Roman Catholic zealot Martius of a military out passion, he may be the fifth essence. man ; Eupolu of a politic; Pollio of a courtier.
; ;
7>t>odttiis
"
OF A HOLY WAR.
EUPOUS. If wo five, world, you alone make
profess, and practise
437
Pollio, make the great the little; liecause you

refer all tilings to do they that prac1
ships, and forces, of Spanish, English, and Dutch,
enough
to
make China tremble; and
all this, for
Imtli, to
yourself.
.iid
"i
.1
i".
Ami what
noli
pearl, or stone, or spices: but for the ] ,irl of the kingdom ol heaven, or the stones of the heavenly
profess
it
Ki POMS.
But come hanly, and the more dangerous. and sit down with us, for we were speaking of the
l-,s
hey are the Jerusalem, or the spices of the spouse s garden, not a mast hath been set up nay, they can make shift to shed Christian blood so far i
:
ofl"
But let me recall myself; I must acknowledge, have journeyed this morning, and it that within the space of fifty years, whereof I therefore your lord ; spake, there have been three noble and memora ships discourses had need content my ears very ble actions upon the infidels, wherein the Chris for where it is upon well, to make them entreat mine eyes to keep tian hath been the invader But yet if you will give me leave to awake the defensive, I reckon it a war of nature, and not openyou, when I think your discourses do but sleep, of piety. The first was, that famous and fortu 1 will keep watch the best I can. EUPOLIS. You nate war by sea, that ended in the victory of Lecannot do us a greater favour. Only I fear you panto; which hath put a hook into the nostrils of will think all our discourses to be but the better the Ottomans to this day; which was the work sort of dreams ; for good wishes, without power chiefly of that excellent pope, PiusQuintus, whom to effect, are not much more. But, sir, when you I wonder his successors have not declared a saint. came in, Marti us had both raised our attentions, The second was, the noble, though unfortunate, and affected us with some speech he had begun ; expedition of Sebastian, King of Portugal, upon and it falleth out well, to shake off your drowsi Africa, which was achieved by him alone; so ness ; for it seemed to be the trumpet of a war. alone, as left somewhat for others to excuse. The
of Christendom at this day; wherein we would he ^lad also to have your opinion. POLLI
tllairs
themselves, and not a drop for the cause of Chn-t.
My
lords,
is
now
the heat of the day
last was, the brave incursions of Sigismund the Transylvanian prince, the thread of whose pros perity was cut off by the Christians themselves, contrary to the worthy and paternal monitories of MARTIUS. When you came in, Pollio, I was Pope Clement the Eighth. More than these, I do to these lords, that I had observed not remember. POLLIO. No! What say you to saying freely At how, by the space now of half a century of years, the extirpation of the Moors of Valentia? there had been, if I may speak it, a kind of mean which sudden question, Martius was a little at a ness in the designs and enterprises of Christen stop ; and Gamaliel prevented him, and said dom. Wars with subjects, like an angry suit for GAMALIEL. I think Martius did well in omitting a man s own, that might be better ended by accord. that action, for I, for my part, never approved it ; Some petty acquests of a town, or a spot of terri and it seems God was not well pleased with that tory ; like a farmer s purchase of a close or nook deed ; for you see the king, in whose time it of ground, that lay fit for him. And although the passed, whom you Catholics count a saintlike wars had been for a Naples, or a Milan, or a Por and immaculate prince, was taken away in the tugal, or a Bohemia, yet these wars were but as flower of his age ; and the author, and great the wars of heathens, of Athens, or Sparta, or counsellor of that rigour, whose fortunes seemed Rome, for secular interest, or ambition, not worthy to be built upon the rock, is mined and it is
And, therefore, Martius, if it please you, to begin again ; for the speech was such, as deserveth to be heard twice ; and I assure you, your auditory is not a little amended by the presence of Pollio.
church, indeed, maketh her missions into the extreme parts of the nations and isles, and it is well but this is
:
of the warfare of Christians.
The
Ecce unus gladius hie." The Christian princes and potentates are they that are wanting to the
"
reckonings of that ausiness are not yet cleared with Spain for that numbers of those supposed Moors, being tried now ay their exile, continue constant in the faith, and true Christians in all points, save in the thirst of
thought
by some,
that
the
propagation of the faith by their arms. Yet our Lord, that said on earth, to the disciples, "Ite et In predicate," said from heaven to Constantine,
"
hoc signo
vince."
What
Christian soldier
is
ZEBEDÛS. Make not hasty judgment, revenge. Gamaliel, of that great action, which was as Christ s fan in those countries, except you could show some such covenant from the crown of Spain,
as Joshua made with the Gibeonites ; that that And cursed seed should continue in the land.
there that will not be touched with a religious emulation to see an order of Jesus, or of St.
do such service, for you see it was done by edict, not tumultuously ; enlarging the Christian borders ; and an order of ;he sword was not put into the people s hand. St. Jago, or St. Michael, or St. George, only to EUPOLIS. I think Martius did omit it, not as making robe, and feast, and perform rites and observances ? any judgment of it either way, but beeupon Surely the merchants themselves shall rise in sorted not aptly with action of war, bein judgment against the princes and nobles of subjects, and without resistance. But let us. if Europe: for they have made a great path in the you think good, give Martius leave to proceed in us discourse ; for methought he spake like a divine Beas, unto the ends of the world ; and set forth
Francis, or of St. Augustine,
438
in armour.
OF A HOLY WAR.
MARTI us.
object
It
is true, I
:
Eupolis, that amongst reasonable souls but that whatsoevei ,* have before mine in order to the greatest and most general good of eyes, in that whereof I speak, is piety and religion. people, may justify the actions, be the people more But, nevertheless, if I should speak only as a or less civil. But, Eupolis, I shall not easily natural man, I should persuade the same thing, grant, that the people of Peru or Mexico were For there is no such enterprise, at this day, foi such brute savages as you intend ; or that there secular greatness, and terrene honour, as a war should be any such difference between them, and upon infidels. Neither do I in this propound a many of the infidels which are now in other parts. novelty, or imagination, but that which is proved In Peru, though they were unparalleled people,
the principal
which
by
late
examples of the same kind, though per

difficulty.
haps of less
The
before that wherein
we
Castilians, the age live, opened the new
according to the clime, and had some customs very barbarous, yet the government of the Incas had many parts of humanity and civility. They
world; and subdued and planted Mexico, Peru, had reduced the nations from the adoration of a We multitude of idols and fancies, to the adoration of Chili, and other parts of the West Indies. see what floods of treasure have flowed into the sun. And, as I remember, the book of wis Europe by that action; so that the cense or rates dom noteth degrees of idolatry ; making that of of Christendom are raised since ten times, yea, worshipping petty and vile idols more gross than And twenty times told. Of this treasure, it is true, th simply the worshipping of the creature. gold was accumulated, and store treasure, for the some of the prophets, as I take it, do the like, in Be the metaphor of more ugly and bestial fornica most part: but the silver is still growing. The Peruvians also, under the Incas, had sides, infinite is the access of territory and empire, tion. For there was never a magnificent temples of their superstition; they the same enterprise. by hand drawn, that did double the rest of the habi had strict and regular justice; they bare great
table world, before this ; for so a man may truly term it. if he shall put to account, as well that
faith
and obedience
to their
kings
they proceeded
be hereafter, by the farther occupation and colonizing of those coun tries. And yet it cannot be affirmed, if one speak ingenuously, that it was the propagation of the Christian faith that was the adamant of that dis covery, entry, and plantation ; but gold and silver, and temporal profit and glory; so that what was
that
is,
as that which
may
in a kind of martial justice with their enemies, offering them their law, as better for their own
good, before they draw their sword. And much like was the state of Mexico, being an elective monarchy. As for those people of the east, Goa,
Calacute, Malacca, they were a fine and dainty people; frugal and yet elegant, though not mili So that, if things be rightly weighed, the tary. first in God s providence, was but the second in empire of the Turks may be truly affirmed to be man s appetite and intention. The like may be more barbarous than any of these. A cruel tyran said of the famous navigations and conquests of ny, bathed in the blood of their emperors upon
Emanuel, King of Portugal, whose arms began to and Asia; and to acquire, not only the trade of spices, and stones, and musk, and but footing, and places, in those extreme drugs,
circle Afric
every succession; a heap of vassals and slaves; no nobles; no gentlemen; no freemen; no inherit ance of land; no stirp or ancient families; a people that is without natural affection ; and, as
the Scripture saith, that regardeth not the desires of women and without piety, or care towards
"
For neither in this was religion parts of the east. the principal, but amplification and enlargement of riches and dominion. And the effect of these
:"
their children
a nation without morality, without

;
:
two enterprises is now such, that both the East letters, arts, or sciences that can scarce measure and the West Indies being met in the crown of an acre of land, or an hour of the day base and Spain, it is come to pass, that, as one saith in a sluttish in buildings, diets, and the like and, in a
;
brave kind of expression, the sun never sets in the Spanish dominions, but ever shines upon one
word, a very reproach of human society and yet this nation hath made the garden of the world a
:
which, to say truly, is a part or other of them beam of glory, though I cannot say it is so solid
:
wilderness
the Turks,
for that, as
it is
a body of glory, wherein the crown of Spain surpasseth all the former monarchies. So as, to
where Ottoman s horse people will come up very thin.
truly said concerning sets his foot,
conclude,
gentiles
we may
or
see, that in these actions,
upon
infidels,
only or chiefly,
both the
POLLIO. Yet, in the midst of your invective, Martius, do the Turks this right, as to remember that they are no idolaters : for if, as you say, there
spiritual and temporal honour and good have been POLLIO. in one pursuit and purchase conjoined.
)e a difference between worshipping a base idol, and the sun, there is a much greater differenc* aetween worshipping a creature and the Creator. Methinks. with your favour, you should remem ber. Martins, that wild and savage people are like For the Turks do acknowledge God the Father, ferae naturae," the creator of heaven and earth, being the first person focats and birds, which are the rest. At property of which passeth with the possession, in the Trinity, though they deny and goeth to the occupant; but of civil people, it which speech, whrn Martius made some pause, no such difference Zebedaeus replied with a countenance of great MARTIUS. I know isuotso.
"
OF A HOLY UAH.
ii-ioii
439
and srvrrity.
"(
/i:nn>.*:rs.
\Ye must
lake heed, Pollio, that

the
wo fall not at unawares into

(
(.mm mis, K.npt Tor of IJraTia, who allimied, tli;it M.dm nut s (. ml was therefore we shall all entreat him to crush this \\ hich Itic Hue (Jod opinion w;is notmily r. jected argument with his best forces that by the light we may either cast it anil comlemni d Ijy ihe synod, but imputrii in the we shall take from him, extreme inadmss; h. im_; reproached away if it be found hut a bladder, or discharge it emperor lo him also by the Hishop And hein of 80 much as is vain and not sperable. Thessalonica, that opinion, (hose bitter ami strange words, as are not to be cause I confess I myself am ml name.!. MAKTII:S. 1 confess that it is my opinion although it be a hard encounter to deal with ollio, that a war upon the Turk is more worthy than yet, 1 shall do my best to prove the enterprise pos upon any other gentiles, infidels, or savages, that sible; and to show how all impediments may be either have been, or now are, both in point of either removed or overcome. And then it will be religion, and in point of honour; though facility, fit for Martius, if we do not desert it before, to and hope of success, might, perhaps, invite some resume his farther discourse, as well for the per
heresy
Manuel
wit of discovery towards what is solid and real, m all tliitt ami what is specious and airy, \\i!l but impossibilities, ami eagles in the elmid.s and
e>t,
. :
a>
of"
other choice.
would be glad
frankly desire, take your turn to speak, that can do

chiefly, for that I see here
But before I proceed, both myself suasive, as for the consult, touching the means, to take some breath; and I shall preparations, and all that may conduce unto the that some of your lordships would enterprise. But this is but my wish, your lord
it
better. But,
ships will put

:
some
that are excellent
interpreters of the divine law, though in several ways; and that I have reason to distrust mine
it into better order. They all not only allowed the distribution, but accepted the but because the day was spent, they agreed parts to defer it till the next morning. Only Pollio
own judgment, both as weak in itself, and as that which may be overborne by my zeal and affection
to this
said;
cause.
till
think
see
it
were an error
to
speak
POLLIO. You take me right, Eupolis, for I am of opinion, that, except you could bray Christen
paste,
I
some sound foundation laid dom in a mortar, and mould it into a new farther, may of the lawfulness of the action, by them that are there is no possibility of a holy war. And
I
was
argument. glad, Martius, to see in a person of your profes sion so great moderation, in that you are not trans ported in an action that warms the blood, and is
appearing holy, to blanch or take for admitted the point of lawfulness. And because, methinks, this conference prospers, if your lordships will give
better versed in that
EUPOLIS.
am
ever of opinion, that the philosopher s stone, and a holy war, were but the rendezvous of cracked brains, that wore their feather in their head instead
of their hat.
that if
you
five shall
Nevertheless, believe me of courtesy, be of another mind, espe
cially after you have heard what I can say, I shall be ready to certify with Hippocrates, that Athens
make some motion touching the is mad, and Democritus is only sober. And, lest leave, distribution of it into parts. Unto which when you shall take me for altogether adverse, I will EUPOLIS. I think frankly contribute to the business now at first. they all assented, Eupolis said
I
me
will
it
would not
sort amiss, if
Zebedaeus would be
pleased to handle the question, Whether a war for the oropagation of the Christian faith, without
other cause of hostility, be lawful or no, and in what cases? I confess also I would be glad to go a little farther, and to hear it spoken to con
course
Ye, no doubt, will amongst you devise and dis many solemn matters: but do as I shall tell you. This pope is decrepit, and the bell
cerning the lawfulness, not only permissively, hut whether it be not obligatory to Christian princes first institute the croisado, and, as with a holy and states to design it; which part, if it please trumpet, did stir up the voyage for the Holy Gamaliel to undertake, the point of the lawful Land. EUPOLIS. You say well ; but be, I pray ness taken simply will be complete. Yet, there you, a little more serious in this conference. resteth the comparative: that is, it The next day the same persons mei as they had being granted, that it is either lawful or binding, yet, whether appointed ; and after they were set, and that there
other things be not be preferred before it; as ex tirpation ot heretics, reconcilements of schisms,
pursuits of lawful temporal rights and quarrels,
goeth for him. Take order, that when he is dead, there be chosen a pope of fresh years, between fifty and threescore; and see that he take the name of Urban, because a pope of that name did
nad passed some sporting speeches from Pollio, :iow the war was already begun for that, he said, tie had dreamt of nothing but Janizaries, and
;
and the like; and

either to wait
ought upon these other matters, or to be mingled with them, or to pass by them, and give rence, which was made by Kupolis yesternight, law to them, as inferior unto itself? And because and was by us approved, sremeth to me ct, this is a -.Treat part, and Eusebius hath yet said save in one point ; and that is, not in the number, we will by way of mulct or pain, if your ut in the placing of the parts. For it is so disnothing, All this .ordships think good, lay it upon him. osed, that Pollio and Eupolis shall debate he while, I doubt much that Pollio, who hath a sharp jossibility or impossibility of the action, before I
p>-rfi
how
far this enterprise
Tartars, and sultans all the night long: Martius said. MARTIUS. The distribution of this confe
440
shall
OF A HOLY WAR.
deduce the particulars of the means and Sivondly, whether, it being made part ot the it is to be achieved. Now I have case, that the countries were once Christian. members of the church, and where the golden can,m<l
I
manner by which
often observed in deliberations, that the entering near hand into the manner of performance, and
an ancient patrimony of Christ ] Thirdly, if it be made a farther part of the case, that there are yet remaining in the countries multitudes of Chrisconvicted of impossibility; and things that on the tians, whether it be not lawful to make a war to other side have showed impossible, by the decla- free them, and deliver them from the servitude of ration of the means to effect them, as by a back the infidels 1 Fourthly, whether it be not lawful light, have appeared possible, the way through to make a war for the purging and recovery of them being discerned. This I speak not to alter consecrated places, being now polluted and prothe order, but only to desire Pollio and Eupolis faned: as the holy city and sepulchre, and such not to speak peremptorily, or conclusively, touch- other places of principal adoration and devotion ] ing the point of possibility, till they have heard Fifthly, whether it be not lawful to make a war me deduce the means of the execution and that for the revenge or vindication of blasphemies and
things that, at the first show, seemed possible, by ripping up the performance of them, have been
|
execution of that which is under deliberation, hath quite overturned the opinion formerly con ceived, of the possibility or impossibility. So that
dlesticks did stand, though now they be utterly alienated, and no Christians left; it be not lawful to make a war to restore them to the church, as
done, to reserve themselves at liberty for a reply, after they had before them, as it were, a model of
the enterprise.
This grave and
solid advertise-
reproaches against the Deity and our blessed Saviour; or for the effusion of Christian blood, and cruelties against Christians, though ancient and
ment and caution of Martius was much com- long since past; considering that God s visits are mended by them all. Whereupon Eupolis said: without limitation of time; and many times do
I
have leave, especially in the mending of a propo sition, which was mine own, to remember an omission which is more than a misplacing. For I doubt we ought to have added or inserted into
the point of lawfulness, the question,
EUPOLIS. Since Martius hath begun to refine that but expect the fulness of the sin ] Sixthly, it is which was yesternight resolved I may the better to be considered, as Eupolis now last well remem bered, whether a holy war, which, as in the wor
:
thiness of the quarrel, so in the justness of the prosecution, ought to exceed all temporal wars, may be pursued, either to the expulsion of people,
or the enforcement of consciences, or the like extremes; or how to be moderated and limited;
lest
how
far a
holy war is to be pursued, whether to displanting and extermination of people ] And, again, whether to enforce a new belief, and to vindicate or punish
infidelity;
whilst
we remember we
are Christians,
we
or only to subject the countries and
But there is a point forget that others are men ] that precedeth all these points recited ; nay, and
people; and so by the temporal sword to open a door for the spiritual sword to enter, by persua sion, instruction, and such means as are proper for souls and consciences ] But it may be, neither
necessary to be made a part by itself ; for that Zebedaeus, in his wisdom, will fall into it as an incident to the point of lawfulness, which earis this
manner dischargeth them, in the particular of war against the Turk which point, I think, would not have come into my thought, but that
in a
Martius giving us yesterday a representation of the empire of the Turks, with no small vigour of words, which you, Pollio, called an invective, but indeed a true charge, did put me in mind of it:
not be handled without limitations and distinc

tions.
and the more

opinion,
think upon
it,
the more
I settle
in
ZEBEDJEUS.
You encourage me,

I
Eupolis,
that a
in that I perceive
I
how,
I
do so much esteem,
which of myself
in your judgment, which ought to take that course, was purposed to do. For as
though
we
just war. a pause, to see whether any of the rest
suppress that empire, set aside the cause of religion, were a After Zehedaeus had said this, he made
to
war
Martius noted well, that it is but a loose thing to speak of possibilities, without the particular de signs; so is it to speak of lawfulness without the
I will therefore first of all dis particular cases. tinguish the cases ; though you shall give me
would say any thing: but when he perceived nothing but and signs of attention to that he would silence,
farther say, he proceeded thus
:
leave, in the handling of them, not to sever them with too much preciseness; for both it would
cause needless length ; and we are not now in arta or methods, but in a conference. to be evident ; not obscure, not scrupulous. It is, there For, fore first to be put to question in general, as by the consent of all laws, in capital causes, the evidence must be full and clear: and if so where it, whether it be lawful for Eupolis propounded Christian princes or states to make an invasive one man s life is in question, what say we to a war, only and simply for the propagation of the war, which is ever the sentence of death upon must beware therefore how we faith, without other cause of hostility, or circum many] stance that may provoke and induce the war] make a Moloch, or a heathen idol, of our blessed
ZEBEDJEUS. Your lordships will not look for a treatise from me, but a speech of consultation ; and in that brevity and manner will I speak. First, I shall agree, that as the cause of a war ought to be just, so the justice of that cause ought
We
OF A HOLY \VAR.
Saviour, in sacrificing the
411
blond of
men
to liim
by
an unjust war.
sisteth in
flu
i"
tin-
mcriis of
Tin- justice of every Ml cause, the warrant of

tln>
or the stouter, or the justf-r nation should govern ; but in the privative, that where there is ,: h.-ap
>dicrioii,
As
fur tin-
and the thrill of the prosecution. leave it to tin- court. inwanl intuition.
I
of people, though we term it a kingdom or state, that is altogether unable or imlign to govern; there it is a just cause of war for another nation,
dl li.MViMi.
may
things severally, as they have relation to the present subject of a war

tlicM>
Of
namely, against the potent and nmst dangerous enemy of the faith, the and 1 dotiht not hull shall make hold, Turk; a cause it plain, as far as a sum or brief can make
iigainst infidels; and,
mo>t
j
I
plain, that a
war
airainst the
Turk
is
lawful, both
laws of nature and nations, and by the law divine, which is the perfection of the other two. As r the laws positive and civil of the Romans,
by
the.
subdue them and this, though it were to be done by a Cyrus or a Vsar, that were no Christian. The second mistaking to be banished is, that I understand not this of a personal tyranny, as was the state of Home under a Caligula, or a Nero, or a Commodus: shall the nation suffer for that wherein they suffer 1 But when the constitution of the state, and the funda mental customs and laws of the same, if laws they may he called, are against the laws of nature and
that is civil or policed, to
:
<
or others whatsoever, they are too small engines to move the weight of this question. And, there
fore, in my judgment, many of the late schoolmen, though excellent men, take not the right way in disputing this question ; except they had the gift
nations, then, I say, a war upon them is lawful. I shall divide the question into three parts. First,
whether there
be, or may be any nation or society of men, against whom it is lawful to make a war, without a precedent injury or provocation? Se
cotem novacula of Navius, that they could, Bcindere," hew stones with penknives. First, The philosopher Aristotle for the law of nature. He hath set many is no ill interpreter thereof.
"
ture and nations,
condly, what are those breaches of the law of na which do forfeit and divest all
right and title in a nation to govern ? And, thirdly, whether those breaches of the law of nature and
men on work
dominus,"
with a witty speech of

"
"
natura
and
natura servus
;"
affirming ex
namely,
first, I
nations be found in any nation at this day 1 and, in the empire of the Ottomans 1 For the
pressly and positively, that from the very nativity some things are born to rule, and some things to
obey: which oracle hath been taken in divers senses. Some have taken it for a speech of to look into the original donation of government. ostentation, to entitle the Grecians to an empire Observe it well, especially the inducement, or Let us make man after our Saith God over the barbarians ; which indeed was better preface. maintained by his scholar Alexander. Some have own image, and let him have dominion over the taken it for a speculative platform, that reason fishes of the sea, and the fowls of the air, and the and nature would that the best should govern; beasts of the land, &c." Hereupon De Victoria, but not in any wise to create a right. But, for my and with him some others, infer excellently, and part, I take it neither for a brag, nor for a wish ; extract a most true and divine aphorism, "Non Here but for a truth as he limiteth it. For he saith, fundatur dominiumnisi in imagine Dei." it is now the that if there can be found such an inequality we have the charter of foundation between man and man, as there is between more easy to judge of the forfeiture or reseizure. man and beast, or between soul and body, it Deface the image, and you divest the right. But which seemeth what is this image, and how is it defaced ? The investeth a right of government rather an impossible case than an untrue sen poor men of Lyons, and some fanatical spirits, tence. But I hold both the judgment true, and will tell you, that the image of God is purity ; and But this subverteth all go the case possible ; and such as hath had, and hath the defacement, sin. neither did Adam s sin, or the curse a being, both in particular men and nations. But vernment ere we go farther, let us confine ambiguities and upon it, deprive him of his rule, but left the
"
hold it clear that such nations, or states, or There society of people, there may be and are. cannot be a better ground laid to declare this, than
mistakings, that they trouble us not.
First, to
creatures to a rebellion or reluctation.

fore, if
And, there
say that the more capable, or the better deserver, hath such right to govern, as he may compulsorily bring under the less worthy, is idle. Men will never agree upon it, who is the more worthy. For it is not only in order of nature, for him to
you note it attentively, when this charter was renewed unto Noah and his sons, it is not by the words, You shall have dominion; but "Your
fear shall be upon all the beasts of the land, and the birds of the air, and all that moveth * not re<rranting the sovereignty, which stood
:
govern that is the
more
intelligent, as Aristotle
it; but there is no less required for government, courage to protect; and, above all, honesty and probity of will to abstain from injury.
would have
firm
hut protecting
it
against the reluctation.
The sound
image
totally or
interpreters therefore of God, of natural reason
expounded this which if it be
So
fitness
to
govern
is
a perplexed
business.
Some men, some
nations, excel in the one ability, some in the other. Therefore the position which I intend, is not in the comparative, that the wiser,
mostly defaced, the right of government and if you mark all the interpreters ; well, still they doubt of the case, and not of the But this is properly to be spoken to in law.
doth cease
VOL
II.
5C
442
OF A HOLY
\\
AH.
handling the second point, when we j-hall define cities, sundry ports, and a great part of the pioof the defacements. To go on: The Prophet vinceof Cilicia; and the pirates now being, have 1 lost a, in the BeaMs are person of (Joel, saith of the Jews ; a reeeptaele and mansion in Algiers. They have reigned, but not by me; they have not the less savage because they have dens, la it because the set a seigniory over themselves, but 1 knew no danger hovers as a cloud, that a
Which place proveth plainly, that man cannot tell where it will fall and so it is there are governments which God doth not avow. every man s case 1 The reason is good, but it is For though they be ordained by his secret provi not all, nor that which is most alleged. For true received reason is, that pirates are commu dence, yet, they are not acknowledged by his re vealed will. Neither can this be meant of evil nes humani generis hostes;" whom all nations
thing of
it."
th<
"
governors or tyrants
for they are often
avowed
are to prosecute, not so
much
in the right of their
and established, as lawful potentates ; but of some own fears, as upon the band of human society. perverseness and defection in the very nation it For as there are formal and written leagues, re self; which appeareth most manifestly in that the spective to certain enemies ; so is there a natural in abstracto," and tacit confederation amongst all men, prophet speaketh of the seigniory against and not of the person of the Lord. And although the common enemy of human society. So as there some heretics of those we speak of have abused needs no intimation, or denunciation of the war; this text, yet the sun is not soiled in passage, there needs no request from the nation grieved And, again, if any man infer upon the words of but all these formalities the law of nature supplies
j
"
which declare this rejec in the case of pirates. The same is the case of words of the text, rescission rovers by land ; such as yet are some cantons in of their estate to have been for their idolatry, that Arabia, and some petty kings of the mountains, by this reason the governments of all idolatrous adjacent to straits and ways. Neither is it law ful only for the neighbour nations should be also dissolved, which is mani princes to destroy such festly untrue, in my judgment it followeth not. pirates or rovers ; but if there were any nation For the idolatry of the Jews then, and the idolatry never so far off, that would make it an enterprise of the heathen then and now, are sins of a far of merit and true glory, as the Romans that made differing nature, in regard of the special covenant, a war for the liberty of Graecia from a distant and and the clear manifestations wherein God did con remote part, no doubt they might do it. I make tract and exhibit himself to that nation. This the same judgment of that kingdom of the assas nullity of policy, and right of estate in some sins now destroyed, which was situated upon the is yet more significantly expressed by borders of Saraca ; and was for a time a great ter nations, Moses in his canticle; in the person of God to ror to all the princes of the Levant. Their custom the Jews Ye have incensed me with gods that was, that upon the commandment of their king, are no gods, and I will incense you with a people and a blind obedience to be given thereunto, any that are no people Such as were, no doubt, the of them was to undertake, in the nature of a votary, people of Canaan, after seisin was given of the land the insidious murder of any prince, or person, of promise to the Israelites. For from that time upon whom the commandment went. This custom, their right to the land was dissolved, though they without all question, made their whole govern remained in many places unconquered. By this ment void, as an engine built against human we may see, that there are nations in name, that society, worthy by all men to be fired and pulled are no nations in right, but multitudes only, and down. I say the like of the Anabaptists of Mini swarms of people. For like as there are particu ster; and this, although they had not been rebels lar persons outlawed and proscribed by civil laws to the empire ; and put case likewise that they had of several countries ; so are there nations that are done no mischief at all actually, yet if there shall outlawed and proscribed by the law of nature and be a congregation and consent of people, that nations, or by the immediate commandment of shall hold all things to be lawful, not according to God. And as there are kings "de facto," and any certain laws or rules, but according to the not "de jure," in respect of the nullity of their secret and variable motions and instincts of the de spirit; this is indeed no nation, no people, no title ; so are there nations that are occupants facto," and not "de jure," of their territories, in seignory, that God doth know ; any nation that is civil and policed, may, if they will not be reduced, respect of the nullity of their policy or govern ment. But let us take in some examples into the cut them off from the face of the earth. New let midst of our proofs; for they will prove as much me put a feigned case, and yet antiquity makes it as put after, and illustrate more. It was never doubtful whether it were fiction or history, of a doubted, but a war upon pirates may be lawfully land of Amazons, where the whole government, made by any nation, though not infested or violated public and private, yea, the militia itself, was in by them. Is it because they have not "certas the hands of women. I demand, is not such a lares In the piratical war which preposterous government, against the first order sedes," or was achieved by Pompey the Great, and was his of nature, for women to rule over men, in itself truest and greatest glory, the pirates had some void, and to be suppressed ] I speak not of the
the prophet following,
tion, and, to use the
"
:"
"
"
?"
OF
reign of
\\
Ml
>
443
Women,
for
that
is
supplied
liy
counsel,
and subordinate QUglltMlM BMOaHne, tat wiMN tlicn niinriii of stair inkier, f.imilh-, is all maurn.
eame
not only as lawful, hut :is meritorious divine honours; iiinl this although tin: deliverer nuii tin: one end of the world unto tin)
t
Ami
>
this last
MM
great
dill.T-
other.
Let us
now
set
down
sonic arguments to
eth from the other before, because in the rest tin-re is terror of danger, but in this there isonly error of
nature.
Neither should
make any
dilli-
culty to affirm the
same of the sultanry of the
prove the same; regarding rather weight than number, as in such a conference as this is fit. The first argument shall be this. It is a great error, and a narrowness or straitness of mind, if
bought
.Mamelukes; where slaves, and none but slaves, any man think that nations have nothing to do tor money, and of unknown descent, one with another, except there be either a union
reigned over families of freemen.
And much
like
in sovereignty, or a conjunction in pacts or leagues.
were the case if you suppose a nation, where the There are other bands of society, and implicit con custom were, that after full age the sons should federations. That of colonies, or transmigrants, Gentes unius labii" expulae their fathers and mothers out of their pos towards their mother nation. sessions, and put them to their pensions for these is somewhat; for as the confusion of tongues was cases, of women to govern men, sons the fathers, a mark of separation, so the being of one language slaves freemen, are much in the same degree all is a mark of union. To have the same fundamental being total violations and perversions of the laws laws arid customs in chief, is yet more, as it was of nature and nations. For the West Indies, I between the Grecians in respect of the barbarians. perceive, Marti us, you have read Garcilazzo de To be of one sect or worship if it be a false wor who himself was descended of the race of ship, I speak not of it, for that is but fratres in Viega, But above all these, there is the supreme the Incas, a Mestizo, and is willing to make the malo." and indissoluble consanguinity and society be best of the virtues and manners of his country and yet in troth he doth it soberly and credibly tween men in general of which the heathen poet,
"
"
we are me, that whom the apostle calls to witness, saith, those nations might not by the law of nature have all his generation." But much more we Chris been subdued by any nation that had only policy tians, unto whom it is revealed in particularity, and moral virtue ; though the propagation of the that all men came from one lump of earth ; and faith, whereof we shall speak in the proper place, that two singular persons were the parents from were set by, and not made part of the case. Surely whom all the generations of the world are de their nakedness, being with them, in most parts scended we, I say, ought to acknowledge, that no of that country, without all veil or covering, was nations are wholly aliens and strangers the one a great defacement; for in the acknowledgment to the other ; and not to be less charitable than of nakedness was the first sense of sin ; and the the person introduced by the comic poet, Homo heresy of the Adamites was ever accounted an sum, humani nihil a me alienum puto." Now if But upon these I stand not: there be such a tacit league or confederation, sure affront of nature.
enough.
Yet you
shall hardly edify
"
"
nor yet upon their idiocy, in thinking that horses did eat their bits, and letters speak, and the like;
nor yet upon their sorceries, which are, almost, common to all idolatrous nations. But, I say,
their sacrificing,
it is
not idle
it is
againstsomewhat or somebody,
and more especially their eating such an abomination, as, methinks, a man s face should be a little confused, to deny that this custom, joined with the rest, did not make it lawful for the Spaniards to invade their territory, forfeited by the law of nature ; and either to reduce them or displant them. But far be it from me, yet, nevertheless, to justify the cruelties which were at first used towards them which had their reward soon after, there being not one
of men,
is
:
? Is it against wild beasts ; water 1 No, it is such routs and shoals of people, as have against from the laws of nature ; as utterly degenerated have in their very body and frame of estate a mon strosity ; and may be truly accounted, accordingto the examples we have formerly recited, common enemies and grievances of mankind ; or disgraces and reproaches to human nature. Such people, all nations are interested, and ought to be resenting,
who
should they be
or the elements of fire and
suppress; considering that the particular states themselves, being the delinquents, can give no redress. And this, I say, is not to be measured
to
of the principal of the first conquerors, but died a violent death himself; and was well followed by Of examples enough: the deaths of many more.
so
much by
:
charitatis
lex
the principles of jurists, as by lex which includes the Saproximi,"

"
"
except
we should add
the labours of Hercules

it
an
example, which though
be flourished with
much
maritan as well as theLevite; lex filiorum Ad de massa una upon which original laws this opinion is grounded ; which to deny, if a man may
:"
fabulous matter, yet so much it hath, that it doth notably set forth the consent of all nations and
j _res, in the approbation of the extirpating and debellating of giants, monsters, and foreign tyrants,
speak
nature.
freely,
were almost
to
be a schismatic in
[The
rest
was not
perfected.]
THE
LORD BACON S QUESTIONS

ABOUT THE
LAWFULNESS OF A WAR FOR THE PROPAGATING OF RELIGION.
Questions wherein
desire opinion joined with
Whether a war be lawful
for
the restoring
arguments and authorities. WHETHER a war be lawful against
infidels,
and purging of the Holy Land, the sepulchre, and other principal places of adoration and devo
tion I
only for the propagation of the Christian faith, without other cause of hostility ?
Whether,
in the cases aforesaid,
it
be not obli
Whether a war be lawful to recover to the gatory to Christian princes to make such a war, and church countries which formerly have been Chris not permissive only 1 Whether the making of a war against the tian, though now alienate, and Christians utterly
extirpated
1
lawful, to free and deliver Christians that yet remain in servitude and sub
jection to infidels
?
Whether a war be
be not first in order of dignity, and to be preferred before extirpations of heresies, reconcile ments of schisms, reformation of manners, pur
infidels
in revenge, or vindi cation, of blasphemy, and reproaches against the Deity and our Saviour 1 Or for the ancient effusion
Whether a war be lawful
suits of just temporal quarrels, and the like ac tions for the public good ; except there be either
of Christian blood, and cruelties upon Christians
]
j
a more urgent necessity, or a more evident facility in those inferior actions, or except they may both go on together in some degree ]
444
MISCELLANEOUS.
MR.
BACON
DISCOURSE
PRAISE OF HIS SOVEREIGN.
No pviJfcc of magnanimity, nor of love, nor of Knowledge, jan intercept her praise, that plajiteth and nourisheth magnanimity by her example, love 6y her person, and knowledge by the peace and
And if these rich pieces be serenity of her times. so fair unset, what are they set, and set in all per fection] Magnanimity no doubt consisteth in
contempt of
peril, in
wars, left ner to make her own peace one that could never be by any solicitation moved to renew
;
the treaties
and one that since hath proceeded ; from doubtful terms of amity to the highest acts
of hostility. Yet, notwithstanding the opposition so great, the support so weak, the season so im
contempt of
profit,
and
in
proper; yet, wherein she
say, because it was a religion was nourished and brought up a

I
;
meriting of the times wherein one liveth. For religion that freed her subjects from pretence ot contempt of peril, see a lady that cometh to a foreign powers, and indeed the true religion ; sh crown after the experience of some adverse fortune brought to pass this great work with success
which for the -most part extenuateth the mind, worthy so noble a resolution. See a queen that and maketh it apprehensive of fears. No sooner when a deep and secret conspiracy wets plotted
she taketh the sceptre into her sacred hands, but against her sacred person, practised by subtile in she putteth on a resolution to make the greatest, struments, embraced by violent and desperate the most important, the most dangerous that can humours, strengthened and bound by vows and
be in a state, the alteration of religion.
This she sacraments, and the same was revealed unto her,
(and yet the nature of the affairs required further ripening before the apprehension of any of the parties,) was content to put herself into the guard
of the divine providence, and her own prudence, to have some of the conspirators in her eyes, to
suffer
doth, not after a sovereignty established and con tinued by sundry years, when custom might have
bred
in
when
trial
her people a more absolute obedience; of her servants might have made her
more assured
the reputa tion of her policy and virtue might have made her government redoubted : but at the very entrance
:
whom to employ
when
them
to
approach
petition
of the hand that
to her person, to take a was conjured for her
; and that with such majesty of countenance, such mildness and serenity of gesture, sxichartand impression of words, as had been sufficient to have repressed and hound the hand of a conspirator, the religion of the states about her, that the evil if he had not been discovered. Lastly, see a queen, inclination of the subject might be countervailed that when her realm w as to have been invaded by by the good correspondence in foreign parts but, an army, the preparation whereof was like the travel of an elephant, the provisions were infinite, contrariwise, she introduceth a religion extermi nated and persecuted both at home and abroad. Her tlir si-tting forth whereof was the terror and won is not by degrees and by stealth, der of proceeding herein Europe ; it was not seen that her cheer, her but absolute and at once. Was she encouraged fashion, her ordinary manner was any thin alter thereto by the strength she found in leagues and ed not a cloud of that storm did appear in that alliances with great and potent confederates 1 countenance wherein peace dotli over shine ; but No, but she found her realm in wars with her with excellent assurance, and advised security. She stood she inspired her council, animated her nobility, nearest and mightiest neighbours. sinrle and alone, and in league only with one, redoubled the courage of her people, still having that after the people of her nation had made his this noble apprehension, not only that she would 2 445
of her reign, when she was green in authority, her servants scant known unto her, the adverse
part not weakened, her own part not confirmed. Neither doth she reduce or reunite her realm to
death
446
IN PRAISE OF
QUEEN ELIZABETH.
I
communicate her fortune with them, but that it selves;" yet, when it is question of drawitg the was she that would protect them, and not they sword, there is ever a conflict between the justice ner which she testified by no less demonstration of her place, joined with the necessity of her state than her presence in camp. Therefore, that and her royal clemency, which as a sovereign and magnanimity that neither feareth greatness of precious balm continually distilleth from her fair alteration, nor the views of conspirators, nor the hands, and falleth into the wounds of many that have incurred the offence of her law. power of enemy, is more than heroical. For contempt of profit, consider her offers, con Now, for her beneficence, what kind of persons She hath reigned in a most have breathed during her most happy reign, but sider her purchases. populous and wealthy peace, her people greatly have had the benefit of her virtues conveyed unto Take a view, and consider whether they multiplied, wealthily appointed, and singularly them ? She wanted not the example of the have not extended to subjects, to neighbours, to re devoted. power of her arms in the memorable voyages and mote strangers, yea, to her greatest enemies. For invasions prosperously made and achieved by her subjects, where shall we begin in such a maze She had not of benefits as presenteth itself to remembrance? sundry her noble progenitors. wanted pretences, as well as of claim and right, Shall we speak of the purging away of the dross of She hath reigned religion, the heavenly treasure; or that of money, as of quarrel and revenge. during the minority of some of her neighbour the earthly treasure ? The greater was touched
:
I
princes, and during the factions and divisions of their people upon deep and irreconcilable quar
rels,
before, and the latter deserveth not to be forgotten. For who believeth not, that knoweth any thing in
and during the embracing greatness of some one that hath made himself so weak through too much burden, as others are through decay of strength; and yet see her sitting, as it were, within the compass of her sands. Scotland, that doth, as it were, eclipse her island; the United Provinces of the Low Countries, which, for wealth, commodity of traffic, affection to our nation, were most meet to be annexed to this crown; she left the possession of the one, and
refused the sovereignty of the other : so that not withstanding the greatness of her means, the
matter of estate, of the great absurdities and frauds that arise of divorcing the legal estimation of
moneys from
the general, and, as I may term it natural estimation of metals, and again of the uncertainty and wavering values of coins, a very laybrinth of cousenages and abuse, yet such as
made their profit of towards Pass on from the mint to the revenue and receipts: there shall you find no
great princes have
their
own
people.
raising of rents, notwithstanding the alteration of prices and the usage of the times ; but the over
value, besides a reasonable fine left for the relief of tenants and the reward of servants ; no raising of customs, notwithstanding her continual charges
feiture
justness of her pretences, and the rareness of her opportunity, she hath continued her first mind,
she hath made the possessions which she received the limits of her dominions, and the world the limits of her name, by a peace that hath stained
all victories.
of setting to the sea; no extremity taken of for and penal laws, means used by some kings A few for for the gathering of great treasures.
feitures, indeed, not
taken to her
own
purse, but
For her merits, who doth not acknowledge, set over to some others for the trial only, whethei that she hath been as a star of most fortunate gain could bring those laws to be well executed, But influence upon the age wherein she hath shined ? which the ministers of justice did neglect. Shall we speak of merit of clemency ? or merit of after it was found, that only compassions were never the nearer the execution, beneficence ? Where shall a man take the most used, and the law proper and natural trial of her royal clemency ? the course was straight suppressed and discon Will it best appear in the injuries that were done tinued. Yea, there have been made laws more unto her before she attained the crown ? or after than one in her time for the restraint of the vexa she is seated in her throne] or that the common tion of informers and promoters: nay, a course wealth is incorporated in her person ? Then taken by her own direction for the repealing of clemency is drawn in question, as a dangerous all heavy and snared laws, if it had not been encounter of justice and policy. And, therefore, crossed by those to whom the benefit should have who did ever note, that she did relent, after thatj redounded. There shall you find, no new taxes,
1
j
she was established in her kingdom, of the wrongs done unto her former estate ? Who doth not remember how she did revenge the rigour and
1
impositions, nor devices ; but the benevolence of the subject freely offered by assent of parliament, according to the ancient rates, and with
<_rrrat
udeness of her jailor by a word, and that no bitter hut salt, and such as showed rather the excellency of her wit than any impression of her Yea, and further, is it not so manifest, wrong that since her reign, notwithstanding the princithat princes should not neglect, "That the pie commonwealth s wrong is included in themi
"
moderation in assessment; and not so only, hut some new forms of contribution offered likewise by the subject in parliament and the demonstr<ition of their devotion only accepted, but the thing never put in tfre. There shall you find loans, but
;
honourably answered and paid, as

,
it
were the con-
tract of a private
man.
To
conclude, there shall
i\
yon
find
or
QI i:::\ I:LI/AHKTII.
417
moneys
levied
np>n
fiilts
of lands, alien-
Or
that other,
i|iii-|iu- ih. -MI
;itin, though not of the ancient patrimony, yet of the rich and commodious purchases and perqui
sites of the
iDllihui in
suit."
crown onl\\ because she

tnirdensmne
to
will not be
The
the people. This so honourably of lair houses that have been built since her that he had received and raised, with such tenderness to the ri ign. as Augustus sn.d, gathered snhject. without any baseness or dryness at all, the city of brick, and left it of marble;" so she how hath it been expended and employed ? in. iv say, she received it a realm of cottages, and \Vh->re be the wasteful hath made it a realm of palaces the state of buildings, and the exorbi tant and prodigal donatives, the suui|)tuous dissi traffic great and rich the customs, notwith pations in pleasures, and vain ostentations which standing these wars and interruptions, not fallen we find have exhausted the coffers of so many many profitable trades, many honourable dis coIt is the honour of her house, the killers and, lastly, to make an end where no end royal veries remunerating of her servants, the preservation of is, the shipping of this realm so advanced and her people and state, the protection of her made so mighty and potent, as this island is sup pliants and allies, the encounter, breaking, and become, as the natural site thereof deserved, the defeating the enemies of her realm, that hath been lady of the sea; a point of so high consequence, the only pores and pipes whereby the treasure as it may be truly said, that the commandment h.ith issued. Hath it been the sinews of a blessed of the sea is an abridgment or a quintessence and prosperous peace! Hath she bought her of a universal monarchy. Hath she lent the King of Spain money This and much more hath she merited of her peace 1 upon some cavillation not to be repeated, and so subjects now to set forth the merit of her neigh his favour 1 And hath she given large bours and the states about her. It seemeth the bought pensions to corrupt his council 1 No, but she things have made themselves purveyors of con hath used the most honourable diversion of trou tinual, new, and noble occasions for her to show bles that can be in the world. She hath kept the them benignity, and that the fires of troubles fire from her own walls by seeking to quench it in abroad have been ordained to be as lights and her neighbours. That poor brand of the state of tapers to make her virtue and magnanimity more Burgundy, and that other of the crown of France apparent. For when that one, stranger born, the that remaineth, had been in ashes but for the family of Guise, being as a hasty weed sprung ready fountain of her continual benignity. For up in a night, had spread itself to a greatness, the honour of her house it is well known, that not civil but seditious; a greatness, not of almost the universal manners of the times doth encounter of the ancient nobility, not of preincline ton certain parsimony and dryness in that eminency in the favour of kings, and not remiss kind of expense; yet she retaineth the ancient of affairs from kings; but a greatness of innova magnificence, the allowance as full, the charge tion in state, of usurpations of authority, of greater than in time of her father, or any king affecting of crowns; and that accordingly, under before ; the books appear, the computation will colour of consanguinity and religion, they had not flatter. And for the remunerating and reward brought French forces into Scotland, in the ab ing of her servants, and the attendance of the sence of their king and queen being within their court, let a man cast and sum up all the books of usurped tutele; and that the ancient nobility ot gifts, fee-farms, leases, and custodies that have this realm, seeing the imminent danger of re passed her bountiful hands. Let him consider, ducing that kingdom under the tyranny of fo again, what a number of commodious and gainful reigners and their faction, had, according to the offices, heretofore bestowed upon men of other good intelligence betwixt the two crowns, prayed education and profession, have been withdrawn her neighbourly succours: she undertook the and conferred upon her court. Let him remem action, expelled the strangers, restored the nobi ber what a number of other gifts, And, lest any man should disguised by lity to their degree. other names, but, in effect, as good as money think her intent was to unnestle ill neighbours, given out of her coffers, have been granted by and ivt to aid good neighbours, 01 mat she was her; and he will conclude, that her royal mind is readier to restore what was invaded by others far above her means. The other benefits of her than to render what was in her own hands; see politic, clement, and gracious government towards if the time provided not a new occasion after the suhjects are without number; the state of wards, when, through tin ir own divisions, without
grievous
treasure,
;UK|
opiilency of the peace such as, if you have for many, to the number respect, to take OIK;
si<4ii
"
so
innocently
levied,
and
justice good, notwithstanding the great suhtility humorous affections of these times; the
that
security of peace greater than can be described
the intermise of strangers, her forces were again sought and required ; she forsook them not, prevailed so far as to he possessed of the castle
by
of
bos denim riira p>-ranil>ulnt Nulrit rura Cere*, alinaque Fanslitas."
:
Kdiiiburirh,
the
principal
strength
of that
"Tunis
incontinently, without cunctations or cavillations, the pieamble* of H
kingdom,
with
peace,
448
wavering
security
;
IN PRAISE OF
faith,
QUEEN ELIZABETH.
ers
she rendered with all honour and and his person to safe and faithful hands; and so ever after during his minority
continued his principal guardian and protector. In the time and between the two occasions of Scotland, when the same faction of Guise,
and that King Henry the Third, awaked hy
those pressing dangers, was compelled to execute the Duke of Guise without ceremony ; and yet nevertheless found the despair of so many persons
embarked and engaged

lent, as the
in that conspiracy, so vio
flame thereby
was
little
assuaged
so
covered
pretence of religion, and strengthened by the desire of retaining govern ment in the queen-mother of France, had raised
still
with
that he
was
cours.
inforced to implore her aids and suc Consider how benign care and good cor
and moved
kingdom, only to them extirpate the ancient nobility, by shocking one against another, and to waste that realm as which is lighted at both ends and that a candle
civil
wars
in
that
respondence she gave to the distressed requests of that king; and he soon after being, by the sacri
legious hand of a wretched jacobin lifted up against the sacred person of his natural sovereign, taktn
those of the religion, being near of the bloodin royal, and otherwise of the greatest house France, and great officers of the crown, opposed
themselves only against their insolency, and to their supports called in her aid, giving unto them Newhaven for a place of security see with what
:
alacrity, in tender regard
towards the fortune of

to the
that
young king, whose name was used
suppliants
of his strength, she embraced the
enterprise ; and by their support and reputation the same party suddenly made great proceedings,
and in conclusion made their peace as they would themselves and although they joined themselves against her, and performed the parts rather of I speak of the offering of Don Anthony to his good patriots than of good confederates, and that fortune; a devoted Catholic, only commended unto her by his oppressed state 1 \Vhat shall I after great demonstration of valour in her sub For, as the French will to this day report, say of the great storm of a mighty invasion, not jects. of of preparation, but in act, by the Turk upon the especially by the great mortality by the hand
:
away, not wherein the criminous blood of Guise, but the innocent blood which he hath often spilled by instigation of him and his house was revenged, and that this worthy gentleman who reigneth come to the crown it will not be forgotten by so grateful a king, nor by so observing an age, how ready, how opportune and reasonable, how royal and sufficient her succours were, whereby she enlarged him at that time, and preferred him to his better fortune: and ever since in those tedi ous wars, wherein he hath to do with a hydra, or a monster with many heads, she hath supported him with treasure, with forces, and with employ ment of one that she favoureth most. "What shall
;
it is known she did King of Poland, lately dissipated only by the holding of that town to her beams of her reputation which with the Grand own use ; it was left, and her forces withdrawn, Signor is greater than that of all the states of of the Europe put together ? But let me rest upon the yet did that nothing diminish her merit crown, and namely of that party who recovered honourable and continual aid and relief she hath no other thing gotten to the distressed and desolate people of the by it such strength, as by that and they subsisted long after: and lest that any Low Countries ; a people recommended unto her by
God, and the rather because
never
much
affect the
should sinisterly and maliciously interpret that ancient confederacy and daily intercourse, by their she did nourish those divisions; who knoweth cause so innocent, and their fortune so lamenta not what faithful advice, continual and earnest ble. And yet, notwithstanding, to keep the con solicitation she used by her ambassadors and formity cf her own proceeding never stained with
ministers to the French kings successively, and to their mother, to move them to keep their edicts of
pacification, to retain their own greatness by the union of her subjects
authority and
?
Which
the least note of ambition or malice, she refused the sovereignty of divers of those goodly pro vinces offered unto her with great instance, to have been accepted with great contentment both of her
counsel,
had been as happily followed, as it own people and others, and justly tc be derived was prudently and sincerely given, France at this either in respect of the hostility of Spain, or in and privileges day had been a most flourishing kingdom, which respect of the conditions, liberties, now is a theatre of misery. And now, at last, when of those subjects, and without charge, danger, the said house of Guise, being one of the whips and offence to the King of Spain and his partisans. of God, whereof themselves are but the cords, and She hath taken upon her their defence and proavail or profit unto Spain the stock, had by their infinite aspiring tection, without any further of states, to make a herself, than the honour and merit of her benigpractices wrought the miracles that hath been pursued hy tlieir king in possession long established to play again nity to the people, for his crown, without any title of a competitor, natural king only upon passion and wrath, in without any invasion of a foreign enemy, yea, such sort that he doth consume his means upon without any combination in substance of a blood- revenge. And, having to verify that which 1 said, to her greatest ene royal or nobility but only by furring in audacious that her merits have extended
if it
J
I |
persons into sundry governments, and by making bepopulaco of towns drunk with seditious preach
mies;
I
let
it
that matter
be remembered what h;ith passed in between the King of Spain and her:
IN
IliiW
1-u
VISK
!
OF
uj i:i:\
joct to
I.U/AI;I;TII.
ii
..
111
till
bi irjimiiicr (if tllC
troubles
.iitht ul
him
hr
mercy of this renowned ijii -rn, thai standThen slit; eth In tween them and their misfortunes. Thesw ,,f them. quielin:r ;mi appeasing to most just and reasonable he some of the beams of noble and radiant in jinterposed herself have been nanimity, in contempt of peril, which so manicapitulalions. wherein always should in contempt of profit, which so many ad presrrved unto him as ample interest, jurisdiction, festly, and superiority in those countries as he in ri^lit mire, and in merit of the world, which so many well-minded would seek include in themselves; set forth in my simpli could claim, or a prince to have and, which is the greatest point, she did city of speech with much loss of lustre, but with of truth as the sun is seen in the by her advice, credit, and policy, and all good near approach means, interrupt and appeach, that the same peo water. Now to pass to the excellences of her person alien and distract ple hy despair should not utterly thcmsi Ives from the obedience of the King of the view of them wholly and not severally, do arms of a make so sweet a wonder, as I fear to divide them. Spain, and cast themselves into the stransriT: insomuch, that it is most true, that she Again, nobility extracted out of the royal and
KV
tlie
|
.
ndly advice touching the coursetli.it v\as tube taken
give
.mil
imparted
tn
lam
;iiid
rn
\\
>m
t\ Tanni/eth
that enjoyeth not:
moderate
I.
t
liberty, ii|ion
ili.-m all
know,
it
is
did ever persuade the Duke of Anjou from that action, notwithstanding the affection she bore to that duke, and the obstinacy which she saw daily
Lastly, to touch (trowing in the King of Spain. the mighty general merit of this queen, bear in mind, that her benignity and beneficence hath
victorious line of the kings of England ; yea, both roses, white and red, do as well flourish in her nobility as in her beauty, as health, such as was like si\e should have that was brought forth
by two of the most goodly princes of the world,

in the strength of their years, in the heat of their
been as large as the oppression and ambition of love ; that hath been injured neither with an overFor, to begin with the church of Rome, liberal nor over-curious diet ; that hath not been Spain. sustained by an umbratile life still under the roof, that pretended apostolic see is become but a dona tive cell of the King of Spain ; the vicar of Christ but strengthened by the use of the pure and open of Spain s chaplain; he part- air, that still retaineth flower and vigour of youth. is become the King eth the coming in of the new pope, for the treasure For the beauty and many graces of her presence, of the old he was wont to exclude but some two what colours are fine enough for such a portrait or three cardinals, and to leave the election of the ure? let no light poet be used for such a descrip but now he doth include, and present direct tion, but the chastest and the royalest: rest Of her gait ; Et vera incessu patuit Dea." all incapable and incom ly some small number, Of her voice; Nee vox hominem sonat." in only for colour, patible with the conclave, put Of her eye; Etlaetos oculis afflavit honores." except one or two. The states of Italy, they be Indum sanguineo veluti violaOf her colour intermixed in like little quillets of freehold, being verit ostro Si quis ebur." France the midst of a great honour or lordship Of her neck ; Et rosea cervice^refulsit." is turned upside down, the subject against the of Of her breast ; Veste sinus collecta fluentes." king, cut and mangled infinitely, a country Of her hair; "Ambrosiaeque comae divinum Rodamonts and Roytelets, farmers of the ways
: ;
" " " "
"
"
Portugal usurped by no other title than strength Low Countries warred upon, be cause he seeketh, not to possess them, for they
vertice
Spiravere."
odorem
and vicinity: the
were possessed by him before, but to plant there an absolute and martial government, and to suppress their liberties the like at this day attempted the poor Indies, whereas the upon Arragon
: :
that
If this be presumption, let him bear the blame owneth the verses. What shall I speak of
her rare qualities of compliment; which as they be excellent in the things themselves, so they have always besides somewhat of a queen and as
:
Christian religion generally brought enfranchisement of slaves in all places where it came, in a contrary course are brought from freemen to be slaves, and slaves of most miserable condition :
queens use shadows and veils with their rich apparel ; methinks in all her qualities there is somewhat that flieth from ostentation, and yet inviteth the mind to contemplate her more ?
"What
sundry trains and practices of this king

tion in
ambi
should
speak of her excellent
gift of
Germany, Denmark, Scotland, the east speech, being a character of the greatness of her towns, are not unknown. Then it is her govern- conceit, the height of her degree, and the sweetment, and her government alone, that hath been ness of her nature T What life, whatedge is there the sconce fort of all Europe, which hath lett in those words and glances wherewith at pleasure
[
;
If any this proud nation from overrunning all. statr be yet free from his factions erected in the
h
i\\
i
she can give a

|
Is
faction
is
;
thereof; if there be any state wherein this erected, that is not yet fired with civil
if
mean him
!
to
man long to think; be it that she daunt him, to encourage him, or to ama/.e How admirable is her discourse, whether
!
it
be in learning, state, or love
what
variety of
troubles
there be
upon
whom
II.
VOL.
under his protection knowledge; what rareness of conceit; any he usurpeth not; if there beany sub- choice of words what grace of utterance Iri 57
slate
;
what Dolh
450
it
IN PRAISE OF
QUEEN ELIZABETH.
called
not appear, that though her wit he as the ada mant of excellences, which draweth out of any
his]
Peruse thr catalogue:
Corneliut
hook ancient or new, out of any writing or speech,

the hest; yet she refineth
it,
Sylla, Julius (Vsar, Flavins Vespasianus, Neverus, Constantinus the Great, and many more.
"Generareet liberi,
divina."
she enricheth
received!
it
far
is
above the value wherein
it
is
And
And,
humana: creare et operuri, therefore, this objection reinov* d,
her speech only that language which the child learneth with pleasure, and not those which the
Hath she not at studious learn with industry 1 tained, besides her rare eloquence in her own lan
guage, infinitely polished since her happy times, changesof her languages, hoth learned and modern] so that she is able to negotiate with divers ambas
sadors in their
;
us proceed to take a view of her felicity. mate of fortune she never took: only some adversity she passed at the first, to give her a
let
quicker sense of the prosperity that should follow, and to make her more reposed in the divine provi dence. Well, she cometh to the crown it was no small fortune to find at her entrance some such
;
disadvantage have a great part of their wits distracted from their peace concluded with Spain, and of the interest matters in hand to the contemplation and admira he had in Scotland, might have proved a danger tion of such perfections. What should I wonder ous neighbour: by how strange an accident was on to speak of the excellences of her nature, which he taken away] The King of Spain, who, if he cannot endure to be looked on with a discontented would have inclined to reduce the Low Countries eye: of the constancy of her favours, which by lenity, considering the goodly revenues which
own languages and that with no servants and counsellors as she then found. The upon them, who I think cannot but French king, who at this time, by reason of the
maketh service as a jou ney by land, whereas the service of other princes is like an embarking by sea. For her royal wisdom and policy of
government, he that shall note and observe the prudent temper she useth in admitting access ; of the one side maintaining the majesty of her degree, his other means, the treasure of his Indies, and and on the other side not prejudicing herself by the forces of his ill-compacted dominions there and The Carles that rebelled in the looking to her estate through too few windows upon them. her exquisite judgment in choosing and rinding north, before the Duke of Norfolk s plot, which, good servants, a point beyond the former; her pro indeed, was the strength and seal of that commo found discretion in assigning and appropriating tion, was fully ripe, brake forth, and prevented
:
he drew from those countries, the great commodity annoy her state from thence, might have made mighty and perilous matches against her repose ; putteth on a resolution not only to use the means of those countries, but to spend and consume all
to
every of them to their aptest employment her penetrating sight in discovering every man s ends and drifts: her wonderful art in keeping servants in satisfaction, and yet in appetite: her inventing wit in contriving plots and overturns her exact caution in censuring the propositions of others for her service her foreseeing events her usage of
:
: : :
their time.
The King Sebastian of Portugal, King of Spain would fain have per suaded that it was a devouter enterprise to purge
whom
the
Christendom, than to enlarge it, though I know that he did artificially nourish him in that voyage, is cut apieces with his army in
some think
Africa: then hath the King of Spain work cut out he that shall consider of these, and to make all things in readiness during the old other things that may not well be touched, as he cardinal s time for the conquest of Portugal ; shall never cease to wonder at such a queen, so he whereby his desire of invading of England was shall wonder the less, that in so dangerous times, slackened and put off some years, and by that when wits are so cunning, humours extravagant, means was put in execution at a time for some
occasions
passions so violent, the corruptions so great, the dissimulations so deep, factions so many; she
And respects much more to his disadvantage. the same invasion, like and as if it had been at
tempted before, it had the time much more proper and favourable; so likewise had it in true dis course a better season afterwards: for, if it had been dissolved till time that the league had been better confirmed in France ; which no doubt would have been, if the Duke of Guise, who was the only man of worth on that side, had lived and the French king durst never have laid hand upon him, had he not been animated by the English victory
;
hath notwithstanding done such great things, and reigned in felicity. To speak of her fortune, that which I did reserve
for a
liveth a virgin,
garland of her honour; and that is, that she and hath no children so it is that
:
which maketh all her other virtues and acts more sacred, more august, more divine. Let them leave
children that leave no other
"
memory
in their
times
aeternitas, soboles." Revolve in histo memories of happy men, and you shall nnt against the Spaniards precedent. And then, if n nd any of rare felicity but either he died child some maritime town had been gotten into the less, 01 his line spent soon after his death ; or else hands of the league, it had been a great surety was unfortunate in his children. Should a man and strength to the enterprise. The popes, to have them to be slain by his vassals, as the consider of them whose course and policy it had Great was? or to been, knowing her majesty s natural clemeiu v, "posthumus" of Alexander the call them his imposthumes, as Augustus Caesar to have temporized and dispensed with the Papists
Brute rum
ries the
A PROCLAMATION.
coming
h\|>
451
to
church, that through the

they ini^lit
mask
of
tlicir
skirmishes and services

all to
have hern brought into st.itr and in the places of government in tincontrariwise, by the instigation country:
icrisy
the>e,
? they are no blemish at the militia of England. In the Low Countries, the Lammas day, the
of some fugitive scholars

th.it
tlr.it
was
best
for
the see
advised him, not of Rome, but what
agreed best with their eager humours and des perate states ; discover and declare themselves
so far by sending most seminaries, and taking of reconcilements, as there is now severity of laws
Ghent, the day of /utplien, and the pros the bravado in perous progress of this summer Portugal, and the honourable exploits in the aid of the n iidi king, besides the memorable voy
retreat of
:
ages in the Indies
and, lastly, the good entertain
ment of
till
the invincible navy,
which was chased
men of that What should

:
introduced for the repressing of that sort, and religion are become the suspect.
the chasers were weary, after infinite loss, without taking a cock-boat, without firing a sheepcot, sailed on the mercies of the wind, and the
discretion of their ad ventures,
I speak of so many conspiracies miraculously detected 1 the records show the trea but it is yet hidden in many of them bow sons What, should I speak of the they came to light.
making a perambu
and
lation or pilgrimage about the northern seas,
opportune death of her enemies, and the wicked Don Juan died instruments towards her estate 1
not amiss
many shores and points of land by ship wreck and so returned home with scorn and dis honour much greater than the terror and expecta
ignobling
;
Darleigh, Duke of Lenox, who was used as an instrument to divorce Scotland from
:
tion of their setting forth. These virtues and perfections, with so great
the amity of England, died in no ill season: a man withdrawn indeed at that time to France ;
have made her the honour of her times, the admiration of the world, the suit and aspiring of greatest kings and princes, who yet durst never
felicity,
but not without great help. I may not mention the death of some that occur to mind but still, methinks, they live that should live, and they I would not have the King die that should die. of Spain die yet; he is "seges gloriae but when he groweth dangerous, or any other besides
:
:"
I am persuaded they will die. What ; should I speak of the fortunes of her armies, which, notwithstanding the inward peace of this nation, were never more renowned ? What should
him
have aspired unto her, but as their minds were raised by love. But why do I forget that words do extenuate and embase matters of so great weight ? Time is her best commander, which never brought forth such a prince, whose imperial virtues contend with the excellency of her person ; both virtues contend with her fortune ; and both virtue and fortune con tend with her fame.
"
recount Leith and
Newhaven
for the
honourable
Tu
Orbis amor, fmii.T carmen, coclique pupilla decus oinne tuis, tu decus i[a tibi V
PROCLAMATION
DRAWS
FOR HIS MAJESTY S FIRST COMING

[PREPARED, BUT NOT USED.]
IN.
HAVING great cause, at this time, to be moved with diversity of affections, we do in first place condole with all our loving subjects of England,
for the loss of their so virtuous
royal heart, but to the judgment of all the woi.d, whether there ever appeared in us any ambitious
or impatient desire to prevent God s appointed time. Neither are we so partial to our own ho
and excellent queen ; being a prince that we always found a dear sister, yea a mother to ourself in many her
nour, but that
we
do in great part ascribe this our

to
most peaceable and quiet entrance and coming
actions and advices.
prince whom we hold these our crowns, next under the blessing of Al and behold as an excellent pattern and example mighty God, and our undoubted right, to the fruit to imitate in many her royal virtues and parts of of her majesty s peaceable and quiet government, government ; and a prince whose days we could accustoming the people to all loyalty and obedi
have wished
to have been prolonged ; we report ing ourselves not only to the testimony of our
ence.
As for we would have
that
all
which concerneth ourselves, our loving subjects know, that
452
A PROCLAMATION.
not take so
in the
we do
ment
much gladness and content devolving of these kingdoms unto
for the
rial
which God hath brought us crown of these kingdoms.
to thi1 iinpe*
our royal person, for any addition or increase of Further, we cannot but take great comfort in glory, power, or riches, as in this, that it is so the state and correspondence which we now stand
manifest an evidence unto us, especially the man ner of it considered, that we stand, though un worthy, in God s favour, who hath put more
and unity with all Christian princes, and, otherwise, of quietness and obedience of our own people at home : whereby we shall not need
in of peace
to
means
into our
hands
to
reward our friends and
expose that our kingdom of England
to
any
servants, and to pardon and obliterate injuries, and quarrel or war, but rather have occasion to pre to comfort and relieve the hearts and estates of serve them in peace and tranquillity, and open
ness of trade with all foreign nations. our people and loving subjects, and chiefly to ad vance the holy religion and church of Almighty Lastly, and principally, we cannot but take and to deserve well of the Christian com unspeakable comfort in the great and wonderful God, monwealth. And more especially we cannot but consent and unity, joy and alacrity, wherewith gratulate and rejoice in this one point, that it hath our loving subjects of our kingdom of England pleased G od to make us the instrument, and, as have received and acknowledged us their natural it were, the corner-stone, to unite these two and lawful king and governor, according to our mighty and warlike nations of England and Scot most clear and undoubted right, in so quiet and land into one kingdom. For although these two settled manner, as, if we had been long ago nations are situated upon the continent of one declared and established successor, and had taken and are undivided either by seas or moun all men s oaths and homages, greater and more island, tains, or by diversity of language; and although perfect unity and readiness could not have been. our neighbour kingdoms of Spain and France have For, considering with ourselves, that, notwith already had the happiness to be reunited in the standing difference of religion, or any other fac several members of those kingdoms formerly dis tion, and notwithstanding our absence so far off, joined; yet in this island it appeareth not in the and notwithstanding the sparing and reserved records of any true history, no, nor scarcely in the communicating of one another s minds ; yet, all conceit of any fabulous narration or tradition, that our loving subjects met in one thought and voice, this whole island of Great Britain was ever united without any the least disturbance or interruption, under one sovereign prince before this day. Which, yea, hesitation or doubtfulness, or any show as we cannot but take as a singular honour and thereof; we cannot but acknowledge it is a great work of God, who hath an immediate and extra favour of God unto ourselves ; so we may con
ceive good hope that the kingdoms of Christen dom standing distributed and counterpoised, as
ordinary direction in the disposing of kingdoms and flows of people s hearts.
by
this last union they now are, it will be a foun dation of the universal peace of all Christian
Wherefore, after our most humble and devout thanks to Almighty God, by whom kings reign, and that now the strife that shall remain who hath established us king and governor of princes; between them, shall be but an emulation who shall these kingdoms; we return our hearty and affec govern best, and most to the weal and good of his tionate thanks unto the lords spiritual and tempo ral, the knights and gentlemen, the cities and people. Another great cause of our just rejoicing is, the towns, and generally unto our commons, and all assured hope that we conceive, that whereas our estates and degrees of that our kingdom of Eng kingdom of Ireland hath been so long time torn land, for their so acceptable first-fruits of their and afflicted with the miseries of wars, the making obedience and loyalties offered and performed in and prosecuting of which wars hath cost such an our absence; much commending the great wis infinite deal of blood and treasure of our realm of dom, courage, and watchfulness used by the
England
to
shall be able, through
be spilt and consumed thereupon ; we God s favour and assist
peers of that our kingdom, according to the nobi of them lity of their bloods and lineages, many
ance, to pu* a speedy and an honourable end to And it is our princely design, and those wars.
full
purpose and resolution, not only
to
reduce
that nation from their rebellion and revolt, but
also to reclaim them from their barbarous manners to justice and the fear of God; and to populate,
plant, and
mingled with the blood royal; and therefore in nature affectionate to their rightful king; and likewise of the counsellors of the late queen, the spirit according to their gravity and oath, and of their good mistress, now a glorious saint in heaven, in carrying and ordering our affairs with
make civil all the provinces in that that fidelity, moderation, and consent, which in which also being an action that not them hath well appeared: and also the great any of our noble progenitors, Kings of England, readiness, concord, and cheerfulness in the.prinof several counties, hath ever had the happiness thoroughly to prose cipal knights and gentlemen cute and accomplish, we take so much to heart, with the head officers of great cities, corporations, as we are persuaded it is one of the chief causes, and towns: and do take knowledge by name of
kingdom
:
I
A DKAlt.HT
MO
(IF
ROCI.A.M ATIO.V.
453
reail.ness and good zeal of that our ami most famous city, tin- city of London,
to
tin-
chamber of
assuring thrin, tliat we will he unto that city, by all means of confirmand increasing tli.-ir happy and wealthy estate, i-vg
:
that our kin.ril.iin
extend our princely care to the supply of the v.-ry neglects and omissions of any thing that may tend to the good of our people. So that
every place and service that is fit for the honour or good of the commonwealth shall be filled, and
not only a just and gracious sovereign lord and king, but a special and bountiful patron and linn factor.
And we, on
of
all their loyal
our part, as well in remuneration and loving atlections, as in dis
no man s virtue left idle, unemployed, or unre warded; and every good ordinance and constitu tion, for the amendment of the estate and times,
be revived and put in execution. In the mean time, minding by
charge of our princely office, do promise and assure them, that as all manner of estates have concurred and consented in their duty and zeal towards us, so it shall be our continual care and resolution to preserve and maintain every several estate in a happy and flourishing condition, with
out confusion or overgrowing of any one to the
prejudice, discontentment, or discouragement of the rest: and generally in all estates we hope
God
s leave, all
delay set apart, to comfort and secure our loving subjects in our kingdom of England by our per
we inquire all our loving subjects joyfully to expect the same and yet so, as we signify our will and pleasure to be, that all such ceremonies and preparations as shall be
sonal presence there,
:
made and used
and assist us, not only to extirpate all gross and notorious abuses, and cor ruptions, of simonies, briberies, extortions, exac tions, oppressions, vexations, burdensome pay ments, and overcharges, and the like ; but further
will strengthen
God
do us honour, or to express comely and oiderly, lhan sumptuous and glorious; and for the expressing of magnificence, that it be rather employed and bestowed upon the funeral of the late queen, to
to
gratulation, be rather
whose memory, we
are of opinion, too
much
honour cannot be done or performed.
DRAUGHT OF A PROCLAMATION
TOUCHING HIS MAJESTY
2Do
STYLE.
JACOB!.
[PREPARED, MOT USED.]
effect,
a manifest token, or rather a substantial of the wrath and indignation of God, when kingdoms are rent and divided, which have formerly been entire and united under one monarch
it is
As
freedom from inward burdens, unto both which people under petty and weak estates are more exposed; which so happy fruit of the union of kingdoms is chiefly to be understood, when sur.h
conjunction or augmentation
is
and governor;
shall please the as his deputies
so,
on the contrary
part,
when
it
not wrought by
Almighty, by whom kings reign and lieutenants, to enlarge his commissions of empire and sovereignty, and to commit those nations to one king to govern, which he hath formerly committed to several kings, it is an evident argument of his great favour both upon king and upon people; upon the king, inasmuch as he may with comfort conceive that he is one of those servants to whom it was said, "Thou hast been faithful in the less, I
will
conquest and violence, or by pact and submission, but by the law of nature and hereditary descent. For in conquest it is commonly seen although the bulk and quantity of territory be increased,
yet the strength of kingdoms is diminished, as well by the wasting of the forces of both parts in the conflict, as by the evil coherence of the
nation conquering and conquered, the one being
apt to be insolent, and the other discontent; and And so both full of jealousies and discord. where countries are annexed only by act of
estates and submissions, such submissions an;
make
thee lord of
more;"
upon the people,
because the greatness of kingdoms and dominions, especially not being scattered, but adjacent and compact, doth ever bring with it greater Security from outward enemies, and greater
commonly grounded upon

.
fear,
which
is
no good
arid
author of continuance, besides the quarrels and

revolts
which do ensue upon conditional
451
articulate subjections: but
A DRAUGHT OF A PROCLAMATION.
when
the lines of two
j I
person of one monarch, as in a true point or perfect angle; and that from marriage, which is the first conjunction in human society, there shall proceed one inheritor in blood
in the
kingdoms do meet
between the subjects of either nation, in affection, honours, favours, gifts, inployments, confidences, or the like; but only such as the true distinctions of the
difference at all
,
|><
to several
kingdoms, whereby they are actually united and incorporated under one head ; it is the
nature, whereunto the works of policy cannot attain; and it is that which hath not in itself any manner of seeds of
being capable or not capable, fit or not fit, acquainted with affairs or not acquainted with affairs, needing our princely bounty or not need
ing the same, approved to us by our experience
or not approved, meriting or not meriting, and the several degrees of these and the like condi
work of God and

force and
discord or disunion, other than such as envy and tions, shall in right reason tie us unto, without malignity shall sow, and which groundeth a any manner of regard to the country in itself; to union, not only indissoluble, but also most com the end that they may well perceive, that in our mind and apprehension they are all one and the fortable and happy amongst the people. We therefore in all humbleness acknowledge, same nation: and that our heart is truly placed that it is the great and blessed work of Almighty in the centre of government, from whence all God, that these two ancient and mighty realms lines to the circumference are equal and of one
But for the further advancing and perfecting of and comprehended in one most famous this work, we have taken into our princely care and and renowned island of Great Britany, compassed cogitations, what it is that may appertain to our by the ocean, without any mountains, seas, or own imperial power, right, and authority: and what other boundaries of nature, to make any partition, requireth votes and assents of our parliaments or wall, or trench, between them, and being also estates; and, again, what may presently be done, exempted from the first curse of disunion, which and what must be left to further time, that was the confusion of tongues, and being people our proceedings may be void of all inconvenience of a like constitution of mind and body, espe and informality ; wherein, by the example of Al cially in warlike prowess and disposition: and mighty God, who is accustomed to begin all his yet, nevertheless, have in so many ages been great works and designments by alterations or disjoined nncler several kings and governors, are impositions of names, as the fittest means to im now at the last, by right inherent in the commix print in the hearts of people a character and ex ture of our blood, united in our person and ge pectation of that which is to follow ; we have neration; wherein it hath pleased God to anoint thought good to withdraw and discontinue the us with the oil of gladness and gratulation above divided names of England and Scotland out of our progenitors, kings of either nation. Neither our regal style and title, and to use in place of can we sufficiently contemplate and behold the them the common and contracted name of Great and insinuations, whereby it Britany not upon any vainglory, whereof, we passages, degrees, hath pleased the eternal God, to whom all his persuade ourselves, our actions do sufficiently free works are from beginning known and present, to us in the judgment of all the world ; and if any open and prepare a way to this excellent work ; such humour should reign in us, it were better having first ordained that both nations should be satisfied by length of style and enumeration of but only as a fit signification of that knit in one true and reformed religion, which isj kingdoms the perfectest band of all unity and union; and, which is already done, and a significant prefigurasecondly, that there should precede so long a tion of that which we further intend. For as, in peace continued between the nations for so many giving names to natural persons, it is used to imyears last past, whereby all seeds and sparks of pose them in infancy, and not to stay till fulness of ancient discord have been laid asleep, and grown growth ; so it seemed to us not unseasonable to to an obliteration and oblivion; and, lastly, that bring in further use this name at the first, and to ourselves, in the true measure of our affections, proceed to the more substantial points of the union should have so just cause to embrace both nations after, as fast and as far as the common good of with equal and indifferent love and inclination, both the realms should permit, especially coninasmuch as our birth and the passing of the sidering the name of Britany was no coined, or first part of our age hath been in one nation, and new-devised, or affected name at pleasure, but the our principal seat and mansion, and the passing true and ancient name which God and time hath of the latter part of our days is like to be in the imposed, extant, and received in histories, in other. Which our equal and upright holding of cards, and in ordinary speech and writing, where the balance between both nations, being the the whole island is meant to be denominated ; so
situated
:
j
of England and Scotland, which by nature have no true but an imaginary separation, being both
space and distance.
highest point of
justice,
all
others in
our distributive as
it
is
not accompanied with so
much
as any
give the world to know, that we are strangeness in common speech. And although Constantly resolved to preserve inviolate against we never doubted, neither ever heard that any emulations and partialities, not making any other presumed to doubt, but that the form and .)!
we
KKMAINS.
tenor of our regal stylo -.UK! title, and the delineathe sauir, did only and wholly (if mere right appertain to our supreme and ahsolute preroir.itive
455
t<
\\liatsorver,
ip;iert .in,
wliomjt may
in
any
\\
iô
Uon of
that from henceforth, inall
comm
patent.-, \\rits,
processes, grants, records, n.-tru-
to express tin- same in sneli words or iienis, impressions, sermons, and all other writ teemed good to our royal pleasure yet ings and speeches whatsoever, wherein our style because we were to have the advice and assent of is used to be set forth or recited, that our said our parliament concerning other points of the style, as is before by these presents declared and And heunion, we were pleased our said parliament prescribed, be only used, and no other. should, amongst tlio rest, take also the same into cause we do but now declare that which in truth Mut finding by the grave their consideration. re, our will and pleasure is, that in the
sort as
opinion of our judges, who are the interpreters of computation of our reign, as to all writings or in our laws, that, in ease that alteration of style struments hereafter to be made, the same com whicn seemed to us but verbal, should be esta putation be taken and made as if we had taken blished and enacted by parliament, it might involve upon us the style aforesaid immediately after
by implication and consequence, not only a more the decease of our

present alteration, but also a further innovation than \ve any ways intended ; or at least might be subject
to
late
dear sister.
And we do
our subjects, that if any person, of what degree or condition soever he be, shall
notify
to
all
some colourable scruple of such
perilous construction : we rested well satisfied to respite the same, as to require it by act of parlia ment. But being still resolved and fixed that it
impugn our said style, or derogate and detract from the same by any arguments, speeches,
words, or otherwise ; we shall proceed against him, as against an offender against our crown and
dignity, and a disturber of the quiet and peace of our kingdom, according to the utmost severity of
may happy end of the better uniting of the nations, we have thought good by the advice of our council to take the same upon us by our proclamation, being a course safe and free from any of the perils or scruples aforesaid. And therefore we do by these presents publish, pro claim, and assume to ourselves from henceforth, according to our undoubted right, the style and title of King of Great Britany, France, and Ireland,
this
conduce towards
our laws in that behalf.
Nevertheless, our
in
mean
ing
is
not, that
where
any
writ, pleading, or
other record, writing, instrument of speech, it hath been used for mention to be made of England or
the realm of England, or any other word or words derived from the same, and not of our whole and
entire style and title ; that therein any alteration at all be used by pretext of this our proclamation,
used.
and otherwise as followeth in our style formerly And we do hereby straitly charge and com mand ourchancellor, and all such as have the custo dy of any of our seals; and all other our officers and
which we intend
to take place
only where our whole
style shall be recited, and not otherwise ; and in the other cases the ancient form to be used and observed.
PHYSIOLOGICAL REMAINS.
INQUISITIONS TOUCHING
To make
flint,
THE COMPOUNDING OF METALS.

Thirdly,
or other stone.
proof of the incorporation of iron with For if it can be incorporated
Whether they
first
the iron and stone be
will incorporate, except calcined into powder?
without over-great charge, or other incommodity, the cheapness of the flint or stone doth make the compound stuff profitable for divers uses. The doubts
And
if not, whether the charge of the calcination will not eat out the cheapness of the material ?
may
be three in number.
The uses are most probable to be ; first, for the implements of the kitchen ; as spits, ranges, cobirons, pots, etc.;
First, Whether they will incorporate at all, otherwise than to a body that will not hold well together, but become brittle and uneven ] Secondly, Although it should incorporate well,
then for the wars, as ordnance,
portcullises, grates, chains, etc. Note ; the finer works of iron are not so proba
ble to be served
like to be
with such a stuff; as locks,

is
yet whether the stuff will not be so stubborn as it will not work well with a hammer, whereby the
clocks, small chains, etc., because the staff
not
tough enough.
iron,
it
charge
in
working will overthrow the cheapness

?
For the better use, in comparison of

like the stuff will bo fur lighter
:
is
of the material
for the
weight
456
of iron to
flint is
double and a third part
;
and, se
j
condly,
it is
like to rust not so easily, but to be
the like, the beauty will not bo so much respected, so as the compound stuff is like to pass.
more
clean.
For the better use of the compound

of
trial
stuff,
it
will
by the iron ami be sweeter and cleaner than brass alone, which Btone of themselves, wherein it must be inquired yieldeth a smell or soiliness; and therefore may what are the stones that do easiliest melt. Se be better for the vessels of the kitchen ami brew It will also be harder than brass, where condly, with an additament, wherein brimstone is ing.
are two:
first,
The ways
to help to the melting of iron or steel. it must be considered, whether the of the additament will not destroy the charge
approved
hardness
But then
profit. It must
he required. the doubts will be two: first, the over-weight of brass towards iron, which will make iron float on the top in the melting. This,
may
For the
trial,
be
known
also,
what proportion of the perhaps,

incorporate well
for if either
it
will be holpen with the calaminar stone,

1
stone the iron will receive to
which consenteth so well with brass, and, as

take
it,
and that with once melting; the proportion be too small, or that
with
it,
cannot be
The other doubt will lighter than iron. be the stiffness anddryness of iron to melt; which
is
received
work
brass.
but piecemeal by several meltings, the cannot be of value.
opening
must be holpen either by moistening the iron, or it. For the first, perhaps some mixture
To make
proof of the incorporating of iron and For the cheapness of the iron in compa
if
rison of the brass,
the uses
may be
served
of lead will help. Which is as much more liquid than brass, as iron is less liquid. The opening be holpen by some mixture of sulphur: so may
as the trials
doth promise
profit.
The doubt
will be touching
would be with
brass, iron, calaminar
their incorporating ; for that it is approved, that iron will not incorporate, neither with brass n
other metals, of itself, by simple fire : so as the inquiry must be upon the calcination, and the additament, and the charge of them. The uses will be for such things as are now
then, again, with the same composition, and an addition of some lead ; and in all this the charge must be considered,
stone, and sulphur; and
whether
1
it
eat not out the profit of the cheapness
of iron
made
of brass, and might be as well served by the compound stuff; wherein the doubts will be
chiefly the toughness,
First, therefore, if brass
to be made of incorporation of metals for magnificence and delicacy. The one for the eye, and the other for the ear. Statue-
There be two proofs
and of the beauty. metal, and bell-metal, and trumpet-metal, and ordnance could be ma-ie #tring-metal ; in all these, though the mixture of of the compound stuff, in respect of the cheapness brass or copper should be dearer than the brass of the iron, it would be of great use. itself, yet the pleasure will advance the price to The vantage which brass ordnance hath over profit. is chiefly, as I because it will hold iron, First, therefore, for statue-metal, see Pliny s suppose, the blow, though it be driven far thinner than the mixtures, which are almost forgotten, and consider iron can be ; whereby it saveth both irr the quan the charge. tity of the material, and in the charge and com Try, likewise, the mixture of tin in large pro modity of mounting and carriage, in regard, by portion with copper, and observe the colour and reason of the thinness, it beareth much less beauty, it being polished. But chiefly let proof weight: there
may
not so easily overheated.
be also somewhat in being be made of the incorporating of copper or brass with glass-metal, for that is cheap, and is like to
s the composition which is now in use. Secondly, lumns, and tombs, and the like. So as the doubt it is probable that it is the dryness of the metal will be double for the beauty ; the one, whether that doth help the clearness of the sound, and the the colour will please so well, because it will not moistness that dulleth it; and therefore the mix be so like gold as brass ? The other, whether it tures that are probable, are steel, tin, glass-metal.
Those things wherein Secondly, the beauty or lustre are esteemed, are andirons, and all manner of images, and statues, and co
for the beauty.
add a great glory and shining. For bell-metal. First, it is to be known what
will polish so well 7 Wherein for the latter it will ; for steel glosses are more resplendent than the like plates of brass would be; and so is the
For string-metal, same reason ; save
or trumpet-metal,
it
is
the
And, besides, I take it, glittering of a blade. andiron brass, which they call white brass, hath some mixture of tin to help the lustre. And, for
the golden colour, it mav be by some small mix ture of orpiment, such as they use to brass in the yellow alchemy ; it will easily recover that which
that glass-metal may not be used, because it will make it too brittle; and trial may be made with mixture of silver, it being
but a delicacy, with iron or brass. To make proof of the incorporation of silver and tin in equal quantity, or with two parts silver and
one part tin, and to observe whether it be of equal beauty and lustre with pure silver ; and also whe the iron loseth. Of this, the eye must be the judge ther it yield no soiliness more than silver? And, again, whether it will endure the ordinary firo upon proof made. But now for pans, pots, curfews, counters, and which belongeth to chafinjr,-di* K ?s, posnets, and
rilYSltll.lK.ir Al.
such other silver vessels?
the
in iv
lire, yi
ii"t
KKMAINS.
lir-t,
\vln-tlii-r
l>v
And it it do not endure The some mixture of iron it line.

!
In-
m.ide more li\ed

-.ill
Fur
if
it
be in
lie.uity
it
and
were
a tiling of
the uses aforesaid equal to silver, singular profit to the state, and
make the glass more make it more strong for falls, arid tor lire, though it come not to the de The third, to make it gree to be malleable.
means
to
The
second,
t<>
to all particular persons, to
body of glass and galletyle that is, to have the colour milky like a chalcedon, being a stuff be tween a porcelane and a glass. For the first, it is good first to know exactly the several materials whereof the glass in use is made; window-glass, Normandy and Burgundy, discolour more, and is not so neat as tin. ale-house glass, English drinking-glass: and The drownings of metals within other metals, then thereupon to consider what the reason is of in such sort as they can never rise again, is a the coarseness or clearness and from thence to For if a quantity of silver rise to a consideration how to make some additathing of great profit. can he so buried in gold, as it will never be ments to the coarser materials, to raise them to reduced again, neither by fire, nor parting waters, the whiteness and crystalline splendour of the nor other ways and also that it serves all uses as finest. well as pure gold, it is in effect all one as if so For the second, we see pebbles, and some other much silver were turned into gold; only the stones, will cut as fine as crystal, which, if they
vessel into the
silver eleetre,
compound
silver plate or stuff, being a kind of
change
coloured by tinctures, comparable to or exceeding precious stones. The fourth, to make a compound
;
and
to turn the rest into coin.
It
may he also questioned, whether the compound siiiil will receive gilding as well as silver, and with equal lustre 1 It is to be noted, that the common allay of silver coin is hrass, which doth
weight will discover it; yet that taketh off but half of the profit; for gold is not fully double weight to silver, but gold is twelve times price to
silver.
will melt, may be a mixture for glass, and may make it more tough and more crystalline. Besides, we see metals will vitrify; and perhaps some
portion of the glass of metal vitrified, mixed in must be by one of these two ways, the pot of ordinary glass-metal, will make the either by the smallness of the proportion, as per whole mass more tough. For the third, it were good to have of coloured haps fifty to one, which will be but sixpence gains in fifty shillings; or it must be holpen by window-glass, such as is coloured in the pot, and Romewhat which may fix the silver, never to be not by colours restored or vapoured away, when it is incorpo It is to be known of what stuff galletyle is rated into such a mass of gold ; for the less quan made, and how the colours in it are varied ; and is ever the harder to sever: and for this tity thereupon to consider how to make the mixture of purpose iron is the likest, or coppel stuff, upon glass-metal and them, whereof I have seen the which the fire hath no power of consumption. example. The making of gold seemeth a thing scarcely Inquire what be the stones that do easiliest melt. possible; because gold is the heaviest of metals, Of them take half a pound, and of iron a pound and to add matter is impossible and, again, to and half, and an ounce of brimstone, and see drive metals into a narrower room than their natu whether they will incorporate, being whole, with ral extent beareth, is a condensation hardly to be a strong fire. If not, try the same quantities cal But to make silver seemeth more easy, cined and if they will incorporate, make a plate expected.
The
burial
because both quicksilver and lead are weightier of them, and burnish it as they do iron. than silver: so as there needeth only fixing, and Take a pound and a half of brass, and halt a not condensing. The degeee unto this, that is pound of iron; two ounces of the calaminar already known, is infusing of quicksilver in a stone, an ounce and a half of brimstone, an ounce parchment, or otherwise, in the midst of molten of lead ; calcine them, and see what body they
lead
when
it
it
cooleth
for this stupefieth the
quick
be
make; and
burnished.
if
they incorporate,
make
a plate of
it
silver that
runneth no more.
This
trial is to
advanced three ways. First, by iterating the melting of the lead, to see whether it will not make the quicksilver harderand harder. Secondly, to put realgar hot into the midst of the quicksilver, whereby it may be condensed, as well from within as without. Thirdly, to try it in the midst of molten iron, or molten steel, which is a body more
likely to fix the quicksilver than lead.
It
Take of copper an ounce and a half, of tin an ounce, and melt them together, and make a plate of them burnished.
Take of copper an ounce and a half, of tin an ounce, of glass-metal half an ounce; stir them well in the boiling, and if they incorporate, make
a plate of them burnished. Take of copper a pound and a half, tin four
may be
also tried, by incorporating powder of steel, or ounces, brass two ounces ; make a plate ot them coppel dust, by pouncing, into the quicksilver, burnished. and so to proceed to the stupefying. Take of silver two ounces, tin half an ounce; Upon glass foui things would be put in proof. make a little say-cup of it, and burnish it. VOL. II. 58
2Q
458
of the materials of every of the kind finer, and of the proportions.
To inquire
of ordinary glass-metal, and

will incorporate,
of glasses, coarser and
Take an equal quantity of glass-metal, of stone calcined, and bring a pattern. Take an ounce of vitrilied metal, and a pound
see whether they and bring a pattern. Bring examples of all coloured glasses, and
learn the ingredients wherehy they are coloured. Inquire of the substance of galletyle.
ARTICLES OF QUESTIONS
TOUCHING
MINERALS.
THE LORD BACON
S
QUESTIONS, WITH DR. MEVEREL
SOLUTIONS.
Concerning the compounding union of metals or minerals.

the first letter
incorporating,
or
brass and the calaminar stone

incorporate with vitriol
all
;
Which
s
subject is
all
as all the metals ; with iron powdered ;

of, to dis
of his Lordship
Alphabet.
with
flint, etc.
Some few
of these would be inquired
WITH what metals
gold will incorporate
by sim
close the nature of the rest.
ple colliquefaction, and with
whatnot? And in Whether metals or other fossils will incorpo what quantity it will incorporate; and what kind rate with molten glass, and what body it makes? The quantity in the mixture would be well of body the compound makes? Gold with silver, which was the ancient "elec- considered for some small quantity perhaps will
;
gold with quicksilver: gold with lead: gold with copper: gold with brass: gold with iron : gold with tin.
trum:"
incorporate, as in the allays of gold and silvei coin.
Upon
to
the
So likewise of
silver: silver
with quicksilver: chiefly
compound body, three things be observed: the colour; the fragility
ar<>
silver with lead: silver with copper: silver with Plinius secund. lib. brass: silver with iron:
"
or pliantness
the volatility or fixation, compared ; with the simple bodies.
Miscuit denario triumvir Antonius ferrum," silver with tin. So likewise of quicksilver: quicksilver with lead: quicksilver with copper: quicksilver with brass quicksilver with iron quicksilver with tin.
xxxiii. 9.
:
For present use
or profit, this is the rule
con
sider the price of the two simple bodies ; consider again the dignity of the one above the other in
use; then see if you can make a compound, that will save more in price, than it will lose in dig
nity of the use.
lead with copper So lead with iron : lead with tin.
of lead
lead with brass
As for example ; consider the price of brass copper with brass copper with ordnance; consider again the price of iron ord iron nance, and then consider whether the brass ord copper with tin. nance doth excel the iron ordnance in use; then So of brass brass with iron brass with tin. if you can make a compound of brass and iron So of iron iron with tin. What be the compound metals that are common that will be near as good in use, and much cheaper and known? And what are the proportions of in price, then there is profit both to the private So of gold and silver, and the commonwealth. their mixtures ? As, the price is double of twelve: the dignity of gold Latten of brass, and the calaminar stone.
"
Plin. xxxiv.
:
9."
So of copper
: :
Pewter of tin and
lead.
Bell-ivetal of etc.
and the counterfeit
plate,
above silver is not much, the splendour is alike, and more pleasing to some eyes, as in cloth of
which they
The main dignity is, silver, silver rapiers, etc. of three metals or more, are that gold bears the fire, which silver doth not : but that is an excellency in nature, but it is no loo long to inquire of, except there be some com thing at all in use ; for any dignity in use I know positions of them already observed.
call
alchemy.
The decomposites
It is also to be observed, whether any two metals, which will not mingle of themselves, will mingle with the help of another; and what. What compounds will be made of metal with
none, but that silvering will sully and canker more than gilding ; which, if it might be corrected with a little mixture of gold, there is profit: and
I
do somewhat marvel that the

"
stone and other fossils; as latten
is
made with
lost the ancient
electrum
"
latter ages have which was a mixture
PHYSIOLOGICAL HKMAINS.
whereof I conceive there of silver with gold In- much use, both in coin, in;iy plate, and gilding.
:
Gold incorporates with lead in any proportioa. Gold incorporates with copper in any propo*.
tion, the
It is to lie
noted,
tlv.it
there is in the version of
common
allay.
metals impossibility, or at least great difficulty, On the as in making of gold, silver, copper.
oilier siile, in the
Gold incorporates with brass in any proportion. And what is said of copper is true of brass, in the
union of other metals.
adulterating or counterfeiting of
met.ils, there is deceit
seem
there is a middle
if
compounds, well known.
and villany. But it should way, and that is hy new the ways of incorporating were
Gold will not incorporate with iron. Gold incorporates with tin, the ancient
Isa.
i.
allay,
25.
incorporation or imbibition metals will receive from vegetables, without being dissolved
in their substance: as
What
said of gold and quicksilver, said of quicksilver and the rest of metals.
What was
may
be
Silver with lead in any proportion. Silver incorporates with copper. Pliny men their steel more tough and pliant, by aspersion of tions such a mixture for triumphales statuee, lib. * Miscentur argcnto, tertia pars aeris water or juice of herbs; when gold being grown xxxiii. 9.
when
the armourers
make
somewhat
churlish by recovering,
is
made more Cyprii
tenuissimi, quod coronarium
vocant, et
is
pliant by throwing in shreds of tanned leather, or by leather oiled.
sulphuris vivi true of brass.
quantum
argenti."
The same
Wherefore Silver incorporates not with iron. were good to try by the weights, whether I wonder at that which Pliny hath, lib. xxxiii. 9. Miscuit denario triumvir Antoniusferrum." And the weight be increased, or no; for if it be not, it is to be doubted that there is no imbibition of what is said of this is true in the rest; for iron substance, but only that the application of that incorporated with none of them. other body doth dispose and invite the metal to Silver mixes with tin. another posture of parts than of itself it would Lead incorporates with copper. Such a mix ture was the pot-metal whereof Pliny speaks, have taken.
bition,
it
"
Note, that in these and the like shows of imbi
After the incorporation of metals by simple colliquefaction, for the better discovery of the nature and consents and dissents of metals, it would be
lib.
xxxiv. 9.
"Ternis
autquaternis
additis."
libris
plun bi
argentarii in centenas aeris
likewise tried by incorporating of their dissolu What metals being dissolved in strong tions.
Lead incorporates with tin. The mixture of these two in equal proportions, is that which was anciently called "plumbum argentarium." Plin.
lib.
not
waters will incorporate well together, and what ? Which is to be inquired particularly, as it
xxxiv. 17.
Copper incorporates with tin. Of such a mix was in colliquefactions. ture were the mirrors of the Romans. Plin. "Atque There is to be observed in those dissolutions ut omnia de speculis peragantur hoc loco, optima which will not easily incorporate, what the effects apud majores erant Brundusina, stanno et sere
bottom
as the bullition; the precipitation to the ; the ejaculation towards the top ; the sus pension in the midst; and the like.
mistis."
are:
Lib. xxxiii. 9.
Compound
1.
metals
now
in use,
:
Note, that the dissents of the menstrual or strong waters may hinder the incorporation, as
well as the dissents of the metals themselves
therefore,
"
Fine tin. The mixture is thus pure tin a thousand pounds, temper fifty pounds, glass of tin
three pounds.
:
where the menstrua" are the same, 2. Coarse pewter is made of fine tin and lead. and yet the incorporation followeth not, you may Temper is thus made the dross of pure tin, four conclude the dissent is in the metals; but where pounds and a half; copper half a pound. calaminaris." menstrua" are several, not so certain. the 3. Brass is made of copper and 4. Bell-metal. Copper, a thousand pounds; tin, from three hundred to two hundred pounds ; brass, Dr. MtvcrtTs answers to the foregoing questions, a hundred and fifty pounds. concerning the compounding, incorporating, or 5. Pot-metal, copper and lead. union (if metals and minerals. 6. White alchemy is made of pan-brass one Gold will incorporate with silver in any propound, and "arsenicum" three ounces. Plin. lib. xxxiii. cap. 4. "Omni auro 7. Red alchemy is made of copper and auripig;.rtion inest argentum vario pondere ; alibi dena, alibi ment. There be divers imperfect minerals, which nona, alibi octava parte. Ubicunque quinta
"
"
argenti portio invenitur, elertrnm vocatur." The hod} remains fixed, solid, and coloured, according to the proportion of the two metals.
will incorporate with the metals: being indeed but clothed with earth and metals
inwardly,
as
stones
"pyritis,
calaminaris, misy. chalcitis,
Gold with quicksilver easily mixeth, but the sory, vitriolum." Metals incorporate not with glass, except they product is imperfectly fixed and so are all other nietaU incorporated with mercury. be brought into the form of glass.
;
460
j
Metals dissolved. The dissolution of gold and

silver disagree, so that in tlieir mixture there is great ebullition, darkness, and in the end a prur.ipitation of
a black powder.
cannot affirm whether and 1 think the chy mists make too much ado about it; but how soever it be, be it solution or extraction, or a kind
3.
I
tin-re
For principiation, be any such thing
or not;
of gold and mercury agree. Gold agrees with iron. In a word, the dissoluion of mercury and iron agree with all the rest, Silver and copper disagree, and so do silver and
lead.
The mixture
of conversion by the fire;
it
is
diligently to be
inquired what salts, sulphur, vitriol, mercury, the like simple bodies are to be found in the several
metals, and in what quantity.

to the
Silver and tin agree.
Dr. MeverePs answers
foregoing questions,
The second
of the cross-row, touching separation of metals and mineral*.

letter
the
touching the separations of metals and miiurals.

1. For the means of separating. After that the ore is washed, or cleansed from the earth, there is nothing simply necessary, save only a wind fur
Separation is of three sorts; the first is, the separating of the pure metal from the ore or dross, which we call refining. The second is, the drawIN-
metal or mineral out of another, which

"
in
nace well framed, narrow above and at the hearth, shape oval, sufficiently fed with charcoal and
The third is, the separating call extracting. materia prima," of any metal into its original or or element, or call them what you will; which
we
ore, in
convenient proportions.
in this first separation, I
For additions
sufficient.
have
obse rved none; the dross the mineral brings being
work we will call principiation. 1. For refining, we are to inquire of it according to the several metals ; as gold, silver, &c. Incident
The
refiners of iron observe, that that
is hardest to melt which is fullest of metal, and that easiest which hath most dross. ally we are to inquire of the first stone, or ore, or But in lead and tin the contrary is noted. Yet spar, or marcasite of metals severally, and what in melting of metals, when they have been calkind of bodies they are, and of the degrees of cined formerly by fire, or strong waters, there is richness. Also we are to inquire of the means of good use of additaments, as of borax, tartar, arseparating, whether by fire, parting waters, or moniac, and saltpetre. 2. In extracting of metals. Also for the manner of refining, you otherwise. Note, that lead Lead and silver contain are to see how you can multiply the heat, or and tin contain silver. Silver is best sepa hasten the opening, and so safe the charge in the gold. Iron contains brass. So gold from silver. rated from lead by the test. fining. The means of this in three manners ; that is to Yet the best way for that is aqua regia." 3. For principiation. I can truly and boldly say, in the blast of the fire ; in the manner of the furnace, to multiply heat by union and reflection ; affirm, that there are no such principles as sal, and by some additament, or medicines which will sulphur, and mercury, which can be separated from any perfect metals for every part so sepa help the bodies to open them the sooner. Note, the quickening of the blast, and the multi rated, may easily be reduced into perfect metal the heat in the furnace, may be the same without substitution of that, or those principles plying of which chymists imagine to be wanting. As, sup for all metals; but the addiiaments must be seve
ironstone
"
according to the nature of the metals. Note, if you think that multiplying of the additaments in the same proportion that you mul tiply the ore, the work will follow, you may be
ral,
again, that
pose you take the salt of lead ; this salt, or as some name it, sulphur, may be turned into perfect lead,
by melting it with the like quantity of lead which contains principles only for itself.
I
deceived
for quantity
in the passive
will
add
acknowledge that there
is
quicksilver and
:
more
2.
resistance, than the
same quantity
in the
active will add force.
For extracting, you are to inquire what me and likewise what not; as lead, silver swimming upon the water copper, silver, &c.
tals contain others,
;
"
brimstone found in the imperfect minerals but those are nature s remote materials, and not the chymist s principles. As, if you dissolve antimo ny by aqua regia," there will be real brimstone
colour of the
smell.
fire
Note, although the charge of extraction should exceed the worth, yet, that is not the matter: for at least it will discover nature and possibility, the
other
when
it
is
as appears by the burnt, and by the
We are likewise to inquire, what the differences

are of those metals
may
be thought on afterwards.
The third
or less
letter
of the cross-row, touching the va
which contain more
riation of metals into several shapes, bodies, or
other metals, and how that agrees with the poor ness or richness of the metals or ore in them As the lead that contains most silver is selves. ureounted to be more brittle, and yet otherwise
rer in itself.
I
natures, the particulars whereoffollow.
Tincture: turning to rust ; calcination; subli mation precipitation amalgamating, or turn:
ing into a soft body
vitrification
opening or dis-
solving into liquor; sproutings, or branchings, 01
i
;
461
indiirationand mollification
;
making
iiul
what
will
make them
softer
and
softer.
tonsil
cir
lirittlc
volatility
ami livitimi
transmu
tation, or version.
:
this inquiry tendeth to two ends; first, f,.r use; aa to make iron soft by the fire makes itmal-
And
For tiiM-tiirc it is to be inquired how metal eable. Secondly, because induration is a degree be tinged through and through, and with towards fixation, and mollification towards vola what, and into what colours; as tinging silver tility ; and therefore the inquiry of them will give towards the other. yellow, tinging copper white, and tinging red, light For tough and brittle, they are much of the with keeping the lustre. green, blue ; especially same kind, but yet worthy of an inquiry apart, es Item, tincture of glaî -. Item, tincture of marble, flint, or other stone. pecially to join hardness with toughness, as making For turning into rust, two things are chiefly to glass malleable, etc., and making blades strong to be inquired; hy what corrosives it is done, and resist and pierce, and yet not easy to break. For volatility and fixation. It is a principal into what colours it turns; as lead into white, iron into yellow, which branch to be inquired. The utmost degree of fix which they call ceruss martis vermi ation is that whereon no fire will work, nor strong crocus quicksilver into they call lion ; brass into green, which they call verdigris. water joined with fire, if there be any such fixa For calcination ; how every metal is calcined, tion possible. The next is, when fire simply will and into what kind of body, and what is the ex- not work without strong waters. The next is by the test. The next is when it will endure fire not quisitest way of calcination. The next is For sublimation; to inquire the manner of sub blown, or such a strength of fire. liming, and what metals endure subliming, and when it will not endure, but yet is malleable. The next is when it is not malleable, but yet is not wlr.it body the sublimate makes. For precipitation likewise; by what strong fluent, but stupefied. So of volatility, the utmost will precipitate, and with what degree is when it will fly away without returning. water every metal additaments, and in what time, and into what body The next is when it will fly up, but with ease re So for amalgama; what metals will endure it, turn. The next is when it will fly upwards over the what are the means to do it, and what is the manner helm by a kind of exsufflation without vapouring. The next is when it will melt, though not rise. of the body. For vitrification likewise ; what metals will en The next is when it will soften, though not melt. dure it, what are the means to do it, into whal Of all these diligent inquiry is to be made in seve colour it turns and, farther, where the whole metal ral metals, especially of the more extreme degrees. For transmutation or version. If it be real ana is turned into glass, and where the metal doth bnt hang in the glassy parts ; also what weight the true, it is the farthest part of art, and would be vitrified body bears, compared with the crude well distinguished from extraction, from restitu body; also because vitrification is accounted a tion, and from adulteration. I hear much of turn kind of death of metals, what vitrification will ing iron into copper ; I hear also of the growth of lead in weight, which cannot be without a con admit of turning back again, and what not. For dissolution into liquor, we are to inquire version of some body into lead but whatsoever what is the proper menstruum" to dissolve any is of this kind, and well expressed, is diligently metal, and in the negative, what will touch upon to be inquired and set down. the one and not upon the other, and what severa Dr. Meverefs answers to the foregoing questions, menstrua" will dissolve any metal, and which most exactly. concerning the variation of metals and minerals. Item," the process or motion o the dissolution, the manner of rising, boiling, va 1. For tinctures, there are none that I know, pouring more violent, or more gentle, causing but that rich variety which springs from mixture much heat or less. of metals with metals, or imperfect minerals. Item," the quantity or charge that the strong water will bear, and then give over 2. The imperfect metals are subject to rust, all
may
;"
"
;"
"
"
"
"
"
Item,"
the colour into

all,
it
turn.
Above
*
is
to
there be any that is not fretting, or corroding; and openeth the body by sympathy, and not by mordacity or vio
menstruum" to
1
which the liquor wil of them except mercury, which is made into ver be inquired, whether milion by solution, or calcination. The rest are Lead dissolve any meta rusted by any salt, sour, or acid water.
into a white body, called cerussa. Iron into a pale red, called ferrugo. Copper is turned into green,
lent penetration.
named aerugo, aes viride. Tin into white: but For sprouting or branching, though it be a this is not in use, neither hath it obtained a name. The Scriptures mention the rust of gold, but thing but transitory, and a kind of toy or pleasure yd there is a more serious use of it for that i that is in regard of the allay.
:
discovereth the delicate motions of spirits, when they put forth and cannot get forth, like unto tha
3. Calcination.
All metals
maybe
calcined by
which is in vegetables. For induration, or mollification; it is to be in quired what will make metals harder and harder
strong waters, or by admixtion of salt, sulphur, and mercury. The imperfect metals may be cal cined by continuance of simple fire; iron calcined is called ciocus martis. thus
402 And
this is their best
way.
Gold and silver are Their colour is gray.
12.
ful.
The question of transmutation is

"Wherefore I
best calcined by mercury. Lead calcined is very red.

4.
Copper dusky
red.
tome of
"Theatrum
mercury
Metals are sublimed by joining them with or salts. As silver with mercury, gold with sal armoniac, mercury with vitriol. 5. Precipitation is, when any metal being dis solved into a strong water, is beaten down into a powder by salt water. The chiefest in this kind
is oil
that tract which is
very doubt your honour to the fourth and there, to Chymicum:" entitled Disquisitio Heliana
refer
"
;"
where you
shall find full satisfaction.
The fourth
letter
of the cross~row, touching resti

tution.
to be inquired in the nega tive, what bodies will never return, either by their Amalgamation is the joining or mixing of with any other of the metals. The man extreme fixings, as in some vitrifications, or by mercury
of tartar.
First, therefore,
it is
6.
ner
is this in gold, the rest are answerable : take six parts of mercury, make them hot in a crucible, and pour them to one part of gold made red hot
extreme
volatility.
be inquired of the two means of reduction; and first by the fire, which is but by in another crucible : stir these well together that congregation of homegeneal parts. The second is, by drawing them down by some they may incorporate; which done, cast the mass into cold water and wash it. This is called the body that hath consent with them. As iron drawIt is also to
in water; gold draweth quick vapour; whatsoever is of this kind, is to be inquired. may be turned by strong fire into glass, except very diligently Also it is be inquired what time, or age, will mercury : iron into green ; lead into yellow ; brass reduce without help of fire or body. into blue; tin into pale yellow. For gold and Also it is to be inquired what gives impediment silver, I have not known them vitrified, except to union or restitution, which is sometimes called joined with antimony. These glassy bodies may mortification; as when quicksilver is mortified be reduced into the form of mineral bodies. with turpentine, spittle, or butter. 8. Diss.olution. All metals without exception Lastly, it is to be inquired, how the metal may be dissolved. restored, difiereth in any thing from the metal (1.) Iron may be dissolved by any tart, salt, or rare as whether it become not more churlish, vitriolated water; yea, by common water, if it be altered in colour, or the like. first calcined with It dissolves in aqua sulphur. fortis, with great ebullition and heat, into a red Dr. MeverePs answers touching the restitutions of liquor, so red as blood.
amalgama
7.
of gold.
eth
down copper
For
vitrification.
All the imperfect metals
silver in
(2.)
Lead
pale yellow,
(3.)
Tin
dissolved in vinegar, into a the vinegar very sweet. is best dissolved with distilled salt
is fittest
metals
and minerals.
by
fire,
making
Reduction
if
is
chiefly effected
wherein
water.
It retains
the colour of the menstruum.
(4.) Copper dissolves as iron doth, in the liquor, into a blue.

(5.) Silver hath its proper
is
fortis.
same
they stand and nele, the imperfect metals va pour away, and so do all manner of salts which
"in
separated them
minimas
partes"
before.
aqua
(C.)
Reduction is singularly holpen, by joining menstruum, which store of metal of the same nature with it in the The colour is green, with great
melting.
heat and ebullition.

dissolved with aqua regia, into a yellow liquor, with little heat or ebullition. is dissolved with much heat and (7.) Mercury
is
Gold
Metals reduced are somewhat churlish, but not

altered in colour.
boiling, into the

are.
It alters
same liquors which gold and silver not the colour of the menstruum.
THE LORD VERULAM

Concerning
S INQUISITION
their
Note. Strong waters may be charged with half weight of fixed metals, and equal of mer cury ; if the workmen be skilful. 9. Sprouting. This is an accident of dissolu
tion.
the versions, transmutations, multipli cations, and affections of bodies.

fire is
Earth by
:
turned into brick, which
is
of
the nature of a stone, and serveth for building, as stone doth and the like of tile. Qu. the manner.
For if the menstruum be overcharged, Naphtha, which was the bituminous mortar then within short time the metals will shoot into used in the walls of Babylon, grows to an entire certain crystals. and very hard matter, like a stone.
r.(ion
1
For induration, or mollification, they depend the quantity of fixed mercury and sulphur. have observed little of them, neither of tough
10.
in clay countries, where there

gravel,
is
pebble and
you
shall
find
great stones, where
you
ness nor brittleness.
see the pebbles or gravel, and between them a substance of stone as hard or harder than the
may
11. The degrees of fixation and volatility I pebble itself. There are some springs of water, wherein if acknowledge, except the two utmost, which never were observed. you put wood, it will turn into the nature of stone
,
I;I:M
UNS,
403
;o
-.is
tlr.it
within the water shall be stone, ami

\viniil.
niaj. stv
<_
lll.it
.ihove the \\.ittT continue

-ihiuit
and your lordships, is no more than a raeious act ofthis present parliament t anlhori/e
Tin slime
liody, turns
the rrins and hl.uhler
ill
into
in
stone:
;
found
<
ften
"
the gall
and stone ia and semetimes, though
them herein, adding a inerev to a munificence, likewise which is, the person! of such strong and able
111. ill
rarely, in
vena
porta."
Query, what time the substance of earth

quarries asketh to be turned into stone 1 \Vat T, as it seems, turneth into crystal, as
in
petty felons, who, in true penitence for their crimes, shall implore his majesty s merry and permission to expiate their ollences by their :ISM-
is
duous labours in so innocent and hopeful a work. For hv this unchargeable way, my lords, have
I
seen
in divers
caves, where the crystal hangs

or
"in
proposed
to erect the s
academical fabric of this
stillieidii.-."
the stalk of herbs, buried in Try wood, quicksilver, whether it will not grow hard and
stony.
They speak
head.
of a stone engendered in a toad s
House, modelled in rny New can hope, my lords, that my midnight studies, to make our couitries flourish and outvie European neighbours ui mysterious and beneficent arts, have not so ungratefully affected your noble intellects, that you will delay
island s
Solomon
Atlantis.
And
There was a gentleman, digging in his moat, found an egg turned into stone, the white and the
yolk keeping their colour, and the shell glistering like a stone cut with corners. Try some things put into the bottom of a well ;
as wood, or some soft substance: but let it not touch the water, because it may not putrefy. They speak, that the white of an egg, with
majesty s desires, and my humble benevolent, yea, magnificent affair; since your honourable posterities maybe enriched thereby, and my ends are only to make
or resist his in
petition
this
the world
my
s
heir,
Solomon
House,
and the learned fathers of my the successive and sworn
trustees in the dispensation of this great service, for God s glory, prince s magnificence, this
my
lying long in the sun, will turn stone. Mud in water turns into shells of fishes, as in
horse-mussels, in fresh ponds, old and overgrown. And the substance is a wondrous fine substance,
light and shining.
honour, our country s general good, and the propagation of my own memory.
parliament
And
may
assure your lordships, that
all
my
proposals in order to this great archetype, seemed so rational and feasible to my royal sovereign, our Christian Solomon, that
I
thereby prevailed with
A SPEECH TOUCHING THE RECOVERING OF DROWNED MINERAL WORKS.
his majesty to call this honourable parliament, to confirm and impower me in my own way of
Prepared fur the parliament (as Mr. Bushel affirm ed} by the Viscount of St. Allans, then Lord High and you gentlemen that are chosen as the patriots Chancellor of England.* of your respective countries, to take speed v care of: which done, I shall not then doubt the happy Mv LOHDS AND GENTLEMEN,
mining, by an act of the same, after his majesty s more weighty affairs were considered in your wisdoms; both which he desires your lordships,
The king my royal master, was lately gra ciously pleased to move some discourse to me
concerning Mr. Sutton s hospital, and such like worthy foundations of memorable piety which, humbly seconded by myself, drew his majesty
:
issue of my undertakings in this design, whereby concealed treasures, which now seem utterly lost to mankind, shall be confined to so universal a
piety, and brought into use by the industry of converted penitents, whose wretched carcasses the impartial laws have, or shall dedicate, as untimely feasts, to the worms of the earth, in whose womb
into a serious consideration of the mineral trea
sures of his
own
territories,
and the practical dis
way of my philosophical those deserted mineral riches must ever lie buried theory: which he then so well resented, that as lost abortments, unless those be made the afterwards, upon a mature digestion of my whole active midwives to deliver them. For, my lords, design, he commanded me to let your lordships I humbly conceive them to be the fittest of all
understand, how great an inclination he hath to further so hopeful a work, for the honour of his dominions, as the most probable means to relieve
all
coveries of them by
men
to effect this
I
causes which
great work, for the ends and have before expressed.
the poor thereof, without any other stock or benevolence, than that which divine bounty
should confer on their
own
industries and honest
All which, my lords, I humbly refer to your grave and solid judgments to conclude of, together with such other assistances to this frame, as your own nraculous wisdom shall intimate, for the
labours, in recovering all such drowned mineral works as have been, or shall be therefore de
serted.
magnifying our Creator in his inscrutable provi dence, and admirable works of nature.
Certain experiments
And,
my
lords, all
that
is
now
desired of his
made by the Lord BACON aboul weight in air and water.
See Mr.
B. s extract, p. 18, 19.
A new
sovereign of equal weight in the air to
464
put into the water the depth of five inches, and the other hanging in the air, the balance in the water
I
!
the piece in brass, overweighelh in the water nine grains: in three sovereigns the difference in the
water
is
but twenty-four grains.
sovereign overweigheth an equal weight of lead, four grains in the water, in brass grains for gold: in three sovereigns about eleven
giains.
The same
sovereign overweigheth an equal weight of stones in the air, at least sixty-five the grains being for the in the water grains
:
The same
weight of gold
in brass metal.
with water weighing, in Troy glass weights, thirteen ounces and five drams, the glass and the water together weigheth severally, viz.
filled
the water nine ounces and a half, and the glass four ounces and a dram.
weigheth only four drams, and fifty-five grains, and abateth of the weight in the air two drams and five grains. The trial being made betwixt lead and lead, weighing severally seven drams in the air, the balance in the water weigheth only four drams and forty-one grains, and abateth of the weight in tin; air two drams and nineteen grains the balance kept the same depth in the water as abovesaid. The trial being made betwixt silver and silver, weighing severally seven drams in the air, the balance in the water weigheth only four drams and twenty-five grains. So it abateth two drams and thirty-five grains ; the same depth in the water
;
A
and a
der
bladder weighing two ounces seven drams half, a pebble laid upon the top of the blad
three ounces six
observed.
In iron and
iron,
weighing severally
each
makes
drams and a
half, the
balance in the air seven drams, the balance in the
water weigheth only four drams and eighteen grains ; and abateth of the weight in the air two drams and forty-two grains ; the depth observe as fallen, weigheth equal. A sponge dry weigheth one ounce twenty-six above. In stone and stone, the same weight of seven grains the same sponge being wet, weigheth four teen ounces six drams and three-quarters: the water drams equally in the air, the balance in the water in several eleven ounces one dram and weigheth only two drams and twenty-two grains ; weigheth a half, and the sponge three ounces and a half, and abateth of the weight in the air- four drams and three-quarters of a dram. First time. and thirty-eight grains ; the depth as above. The sponge and water together weigh fifteen In brass and brass, the same weight of seven ounces and seven drams in several, the water drams in each balance, equal in the air, the weigheth eleven ounces and seven drams, and the balance in the water weigheth only four drams sponge three ounces seven drams and a half. Se and twenty-two grains ; and abateth in the water two drams and thirty-eight grains ; the depth cond time. Three sovereigns made equal to a weight in observed. silver in the air, differ in the water. The two balances being weighed in air and For false weights, one beam long, the other water, the balance in the air overweigheth the thick. other in the water one dram and twenty-eight The stick and thread weigh half a dram, and grains; the depth in the water as aforesaid. It is a profitable experiment which showeth the twenty grains, being laid in the balance. The stick tied to reach within half an inch of weights of several bodies in comparison with the end of the beam, and so much from the water. It is of use in lading of ships, and other tongue, weigheth twenty-eight grains ; the differ bottoms, and may help to show what burden in ence is twenty-two grains. the several kinds they will bear.
stone weigheth seven drams. The bladder, as above, blown, and the same
: :
The same
of the
stick being tied to
hang over the end

weigheth half a
Certain sudden thoughts of the
beam an inch and a
half,
dram and twenty-four grains, exceeding the weight of the said stick in the balance by four grains. The same stick being hanged down beneath
the thread, as near the tongue as is possible,
down by him under

FOR PROFIT.
the
title
Lord BACON S, set of EXPERIMENTS
Muck
chalk:
of leaves:
muck
of river, earth, and
weigheth only eight grains. Two weights of gold being made equal in the air, and weighing severally seven drams ; the one ba ance being put into the water, and the other hanging in the air, the balance in the water weigheth only five d-ams and three grains, and abateth of the weight in the air, one dram and a half, and twenty-seven grains. The same trial being made the second time, and more truly and exactly betwixt gold and gold, weighing severally, as above ; and making a just nd equal weight in the air, the one balance being
muck
of earth closed, both for saltpetre
and muck: setting of wheat and peas: mending of crops by steeping of seeds: making peas, cherries, and strawberries come early strength
:
ening of earth
for
often
returns of radishes,
parsnips, turnips, etc. ; making great roots of onions, radishes, and other esculent roots : sow setting of woad : setting ing of seeds of trefoil
:
of tobacco, and taking away the rawns: grafting upon boughs of old trees: making of a hasty
coppice:
planting of osiers in
to
wet grounds:
building of
making of candles
last
long:
HKM.MNS.
rtumm
less
vs. lurn.n-i
4R5
,,f
-, and ovens, tn ;nve In at with quir-ksilvrr, a of l^w nod oilier means to; dram of each, maketh an exireme slut -, and c..nsi of castelh up a very gross fnmc, and after casteth ami green fixed make yllow rving or sand.s; and on pomegranates, -tc., all down a white kind of curds, oranges, lemons, of pearl, coral, turcoise the top a slimish substance, and gatliereth a great SUIIIIIHT: recovering sowing of heat. colour, by a conservatory of snow Oil of sulphur and oil of cloves commixed, a fennel brewing with hay, haw s, trrfoil, broom, bramble-berries, woodbines, wild thyme, dram of each, turn into a thick and red-coloured
Oil of vitriol and dissolution
wood:
ii.xin^
eilr<>ns,
hips, instead of
lio|)s,
thistles: multiplying
and dress
ing artichokes.
Certain experiments of the Lord
ihi
substance; but no such heat as appeared in the commixture with the oil of vitriol. Oil of petroleum and spirit of wine, a drain of
each, intermingle otherwise than by agitation, as wine and water do; and the petroleum remaineth
BACON
S,
about
cnininixturc of iiijitum <i/y, nut .SO//I/N, irttftout heat or agitation, but only by simple composi
tion
on the
top.
and
settling.
Spirit of
wine mingled with common water,

be
Oil of vitriol and petroleum, a dram of each, turn into a mouldy substance, and gathereth some warmth; there residing a black cloud in the bottom, and a monstrous thick oil on the top. Spirit of wine and red-wine vinegar, one ounce
although
the
it
much
first fall
it
be broken, by
stayeth above
lighter than oil, yet so as if means of a sop, or
; otherwise, gled, it severeth not again, as water coloured with saffron.
and
oil
if it
be once min
doth. Tried with
of each, at the first fall, one of them remaineth above, but by agitation they mingle.
Oil of vitriol and
oil
of almonds, one ounce of
wine mingled with common water each, mingle not; but the oil of almonds remain hath a kind of clouding, and motion showing no eth above. ready commixture. Tried with saffron. Spirit of wine and vinegar, an ounce of each, A dram of gold dissolved in aqua regis, with commixed, do mingle, without any apparent of copper in aqua fortis, commixed, separation, which might be in respect of the a dram gave a green colour, but no visible motion in colour. the parts. Dissolution of iron, and oil of vitriol, a dram Note, that the dissolution of the
Spirit
of
gold
was twelve
parts
and of the copper was six parts water

part body. Oil of alrnonds
water to one part body to one

:
of each, do
first
bottom, and substance.
after
put a milky substance into the incorporate into a movKly
commixed with
spirit
of wine
severeth, and the spirit of wine remaineth on the top, and the oil in the bottom.
Spirit of wine commixed with milk, a third part spirit of wine, and two parts milk, coagulateth little, but mingleth; and the spirit swims
Gold dissolved, commixed with spirit of wine, a dram of each, doth commix, and no other ap
parent alteration.
not above.
Milk and oil of almonds mingled, in equal por do hardly incorporate, but the oil cometh Quicksilver dissolved with gold dissolved, a above, the milk being poured in last; and the milk
tions,
to a
dram of each, doth turn

and like smith
s water.
mouldy
liquor, black,
appeareth in some drops or bubbles. Milk one ounce, oil of vitriol a scruple, doth
vitriol goeth.
Note, the dissolution of the gold was twelve coagulate; the milk at the bottom, where the
Dissolution of gum tragacanth, and oil of sweet almonds, do not commingle, the oil remain ing on the top till they be stirred, and make the mucilage somewhat more liquid. Oil of vitriol commixed with oil of cloves, a Dissolution of gum tragacanth one ounce and dram of each, turneth into a red dark colour; and a half, with half an ounce of spirit of wine, being a substance thick almost like pitch, and upon the commixed by agitation, make the mucilage more first motion gathereth an extreme heat, not to be thiek. endured by touch. The white of an egg with spirit of wine, doth Dis>olution of bake the egg into clots, as if it began to poach. gold, and oil of vitriol commix a dram of each, gathereth a great heat at the ed, One ounce of blood, one ounce of milk, do first, and darkeneth the gold, and maketh a thick easily incorporate. the blood. yellow. Spirit of wine doth curdle One ounce of whey unclarified, one ounce of Spirit of wine and oil of vitriol, a dram of each, hardly mingle; the oil of vitriol going to the bot oil of vitriol, make no apparent alter.iii. n. One ounce of blood, one ounce of oil of almonds tom, and the spirit of wine lying above in a milky substance. It gatliereth also a great heat, and incorporate not, but the oil swims above a sweetness in the taste. Three-quarters of an ounce of wax beim^ JiVOL. II. 59
Spirit of wine and quicksilver commixed, a dram of each, at the first showed a white milky substance at the top, but soon after mingled.
parts water, ut supra, and one part metal ; that of water was two parts, and one part metal.
466
solved upon the
porate, but that
fire,
MEDICAL REMAINS.
and one ounce of oil of stirred, do not so incor
cold the
Till-so
following bodies do not draw:

pearl, jaspis,
almonds put together and
achatcs, corneolus,
alabaster, porphyry,
chalcedoniu.-,
when
it is
wax
gathereth
coral,
marble, touchstone,
and swims upon the top of the oil. haematites, or bloodstone; smyris, ivory, bones, One ounce of oil of almonds cast into an ounce tibontree, cedar, cypress, pitch, softer rosin, .v.mof sugar seething, sever presently, the sugar shooting towards the bottom.
3 catalogue of bodies attractive
phire,
galbanum,
ammoniac,
storax,
benzoin,
and not
attractive,
loadstone, asphaltum.* These bodies, gold, silver, brass, iron, not, though never so finely polished.
draw
together with experimental observations about at

traction.
gemmeum,
draw.
In winter, if the air be sharp and clear, sal roch allum, and lapis specularis, will
amethyst, bristollina, crystal, clear glass, glass of antimony, divers flowers from mines, sul phur, mastic, hard sealing-wax, the harder rosin,
arsenic.
These following bodies draw: amber, jet, dia These following bodies are apt to be drawn, if mond, sapphire, carbuncle, iris, the gem opale, the mass of them be small chaff, woods, leaves
:
stones, all metals leaved, and in the
mine;
earth,
water,
oil.
The drawing of
iron excepted.
MEDICAL REMAINS.
Grains of youth.
of nitre four grains, of ambergrease three of white grains, of orris-powder two grains, poppy-seed the fourth part of a grain, of saffron half a grain, with water of orange-flowers, and a little tragacanth; make them into small grains,
four in number.
Take
two spoonfuls of this to a draught of fresh claret wine.
The preparing of saffron.

six grains of saffron, steeped in half parts of wine and rose water, and a quarter part vine gar; then dry it in the sun.
Take
To
be taken at four o clock, or
going
to bed.
Wine
Preserving ointment.
against adverse melancholy, preserving the

senses
and
the reason.
Take
of deer s suet one ounce, of myrrh six
the roots of buglos well scraped and cleansed from their inner pith, and cut them into
Take
grains, of saffron five grains, of bay-salt twelve grains, of Canary wine, of two years old, a
small slices; steep them in wine of gold extin guished ut supra, and add of nitre three grains,
spoonful and a your shirt, and
half.
let
it
Spread
it
on the inside of
it
and drink
roots
dry, and then put
on.
it ut supra, mixed with fresh wine: the must not continue steeped above a quarter of an hour; and they must be changed thrice.
purge familiar for opening
the liver.
Take rhubarb two drams, agaric trochiscat one Breakfast preservative against the gout and rheums. dram and a half, steep them in claret wine To take once in the month at least, and for twt?
burnt with mace; take of steep it with the rest, and
wormwood one dram, days make a mass of pills,

But drink an
together, one grain of castorei in
my
ordi
nary broth.
with
"syrup,
acetos.
simplex."
opening broth before it, with succory, fennel, and smallage roots, and a little of an onion.
The preparation of garlic.
Take
in claret
garlic four ounces, boil
it
upon a
soft fire
Wine for Take gold

it
the spirits.
steep it perfectly refined three ounces, quench cloves, then take six or seven times in good claret wine ; add of for use. saffron prepared three grains, of ambergrease four
grains, pass it through a hippocras bag, wherein thtie is a dram of cinnamon pross beaten, or, to avoid the dimming- of the colour, of ginger. Take
wine, for half an hour. Take it out and in vinegar; whereto add two drams .1
it
forth,
and keep
it
in a glass
The
artificial
preparation of damask rosesfor smell-
roses, pull their leaves, then dry thorn in a clear day in the hot sun ; then their suic.l wiU
Take
MI DICAI. K
be 9S gone.
KM M\S.
Of
467
Then
cr.au
them
int
>
an earthen
it bottle, very dry and sweet, and very close: am in smell and colour both fresher they will r than those that arc otherwise dried. Note, the
st..|>
the wine, and of the w.iter of milk, take of each three ounces, of the powder one scruple, and drink it in the morning; stir up thu powdei
when you
drink, and
walk upon
it.
drying and close keeping upon it, preventeth all putrefaction, and the second spirit cometh forth, made of the remaining moisture not dissi
first
A catalogue
of astringents, openers, and cordials^ instrumental to health.
pated.
ASTRINGENTS.
A restorative
drink.
Red
rose, blackberry, myrtle, plantane, flowei
Take of Indian maize half a pound, grind it not too small, but to the fineness of ordinary meal, nnd then bolt and scarce it, that all the husky part may he taken away. Take of eryngium roots
three ounces, of dates as much, of enula two drams, of mace three drams, and brew them with
ten shilling beer to the quantity of four gallons
:
of pomegranate, mint, aloes well washed, myrobalanes, sloes, agrestia fragra, mastich, myrrh, saffron, leaves of rosemary, rhubarb received by in
fusion, cloves, service-berries, corna,
wormwood,
bole armeniac, sealed earth, cinquefoil, tincture
of steel, sanguis draconis, coral, amber, quinces, spikenard, galls, alum, bloodstone, mummy, amo-
and this do, either by decocting them in a pottle mum, galangal, cypress, ivy, psyllum, houseleek, of wort, to be after mingled with the beer, being sallow, mullein, vine, oak leaves, lignum aloes, new tapped, or otherwise infuse it in the new red sanders, mulberry, medlars, flowers of peach trees, pomegranates, pears, palmute, pith of ker Use this familiarly at meals. beer, in a bag. nels, purslain, acacia, laudanum, tragacanth, thus
Against
the waste of the
body by heat.
strain
olibani, comfrey,
shepherd
s purse,
polygonium.
Take sweet pomegranates, and

lightly, not pressing
them
glass;
the
kernel, into a
Astringents, both hot
where put some little of the peel of a citron, and two or three cloves, and three grains of ambergrease, and a pretty deal of fine sugar.
It is to
last.
which corroborate the parts, and which confirm and refresh such of them
cold,
and
as are loose or languishing.
be drunk every morning whilst pomegranates
Rosemary, mint, especially with vinegar, cloves, cinnamon, cardamom, lign-aloes, rose, myrtle, red
sanders, cotonea, red wine, chalybeate wine, fivefinger grass, plantane, apples of cypress, berber
ribes,
Methusalem water. Against all asperity and torries, fraga, service-berries, cornels, refaction of inward parts, and all aduslion of the pears, rambesia. blood, and generally against the dryness of age.
crevises very new, q. 8. boil them well them take only the shells, and rub them very clean, especially on the inside, that
in claret wine, of
sour
Take
Astringents styptic, which by their styptic virtue

stay fluxes.
may
Sloes, acacia, rind of pomegranates infused, at

least three hours, the styptic virtue not coming forth in lesser time. Alum, galls, juice of sallow,
be thoroughly cleansed from the meat. Then wash them three or four times in fresh claret wine, heated still changing the wine, till all the fish taste he quite taken away. But in the wine
they
may
syrup of unripe quinces, balaustia, the whites of eggs boiled hard in vinegar.
Astringents, which by their cold
wherein they are washed, steep some tops of green rosemary ; then dry the pure shell thoroughly, and bring them to an exquisite powder. Of this pow der take three drams. Take also pearl, and steep them in vinegar twelve hours, and dry off the vine gar: of this powder also three drams. Then put the shell powder and pearl powder together, and add to them of ginger one scruple, and of white seed half a scruple, and steep them in spirit poppy of wine, wherein six grains of saffron have been dissolved, seven hours. Then upon a gentle heat vapour away all the spirit of wine, and dry the powder against the sun without fire. Add to it of nitre one dr mi. of ambergrease one scruple and a half; and so keep this powder for use in a clean
glass.
it
muy
flux.
stay the motion of the
and earthy nature humours tending to a
Sealed earth, sanguis draconis, coral, pearls, the shell of the fish dactylus.
Astringents, which by the thickgess of their substance stuff as it were the thin humours, and thereby stay
fluxes.
goats
Rice, beans, milk.
millet,
cauls, dry cheese, fresh
.l*frin<;rn(s,
which by virtue
of t/teir
glutinous sub
the looser
Then take a pottle of milk, and slice in of fresh cucumbers, the inner pith only, the
stance restrain a Jlux, parts.

!
and strengthen
off, four ounces, and draw forth a water by distillation. Take of claret wine a pint, and quench gold in it four times.
rind being pared
Karabe,* mastich, spodium, hartshorn, frankin cense, dried bulls pistle, gum tragaoanth
Perhaps be meant the
fruit
of Earoba.
468
*1stringe nfs purgttlive,
MEDICAL REMAINS.
which, having
In/
their
pur
gative or expulsive
leave behind
power
thrust out tht
humours,
anointing of the testicles with oil of elder in which pellitory hath been boiled, cloves will) goats
milk, olibanum.
them
astrictive virtue.
is
Rhubarb, especially that which

fruit like
toasted against
the fire: myrobalanes, tartar, tamarinds, an Indian
An
extract by the
Lord BACON, for
his
own
use, out
green damascenes.
of the book of the prolongation of life, together with some new advices in order to health.
1.
Astringents which do very

the
much suck and dry up humours, and thereby stay jluxes.
Once
in the
week, or at
least in the fortnight,
to take
the water of mithridate distilled, with
Rust of iron, crocus martis, ashes of spices.

Astringents, which by their nature do dull the spirits,
three parts to one, or strawberry-water to allay it;
and some grains of nitre and saffron, in the morn ing between sleeps. and lay asleep the expulsive virtue, and take away 2. To continue my broth with nitre ; but to the acrimony of all humours. interchange it every other two days, with the Laudanum, mithridate, diascordium, diacodium. juice of pomegranates expressed, with a little cloves, and rind of citron. 3. To order the taking of the maceration* aa Astringents, which, by cherishing the strength of
the parts, do comfort
and confirm
cloth
:
their retentive
followeth.
to the maceration six grains of cremor and as much enula. young To add to the oxymel some infusion of fennelhealthy boys, applied to the stomach hippocratic roots in the vinegar, and four grains of angelicawines, so they be made of austere materials. seed, and juice of lemons, a third part to the
power.
To add
A stomacher of scarlet
whelps, or
:
tartari,
it not so immediately before supper, Succory, endive, betony, liverwort, petroseli- and to have the broth specially made with barley, roots of grass, dodder, num, smallage, asparagus, rosemary, thyme, and cresses. Sometimes to add to the maceration three grains tamarisk, juncusodoratus, lacca, cupparus, worm wood, chamaepitys, fumaria, scurvy-grass, eringo, of tartar, and two of enula, to cut the more heavy nettle, ireos, elder, hyssop, aristolochia, gentian, and viscous humours; lest rhubarb work only
vinegar. To take
costus,
fennel-root,
maiden-hair,
harts-tongue,
upon the
lightest.
it,
daffodilly, asarum, sarsaparilla, sassafras, acorns,
abretonum, aloes, agaric rhubarb infused, onions, garlic, bother, squilla, sowbread, Indian nard, Celtic nard, bark of laurel-tree, bitter almonds, holy thistle, camomile, gunpowder, sows, (mille
park leaves, (vitex,) centaury, lupines, chamaedrys, costum, ammios, bistort, camphire, daucus seed, Indian balsam, scordium, sweet cane, galingal, agrimony.
pedes,) ammoniac,
take sometimes the oxymel before sometimes the Spanish honey simple.
4.
To
and
for
To
take once in the month
at least,
and
two days together,
my
broth, and
a grain and a half of castor, in breakfast.
man
s urine, rue,
5.
A cooling clyster to
be used once a month,
working of the maceration is settled. Take of barley-water, in which the roots of bugloss are boiled, three ounces, with two drams of red sanders, and two ounces of raisins of the sun, and one ounce of dactyles, and an ounce and
after the
Flowers of
basil
royal,
flores
caryophillati,
flowers of bugloss and borage, rind of citron, orange flowers, rosemary and its flowers, saffron, musk, amber, folium, i. e. nardi folium, balmgentle, pimpernel, gems, gold, generous wines, fragrant apples, rose rosa moschata, cloves, lignnloes, mace,
a half of fat caricks ; let it be strained, and add to it an ounce and a half of syrup of viuieis: let a
Let this be taken, with veal, clyster be made. in the aforesaid decoction.
aloes,
cinnamon, nutmeg, cardamom, ga otherwise taking it in a pipe. kermes berry, herba moschata, ad affectus 7. To appoint every day an hour white Sanders, camphire, flowers of helio betony, intentionales et sanos." Qu. de particulari. trope, penny royal, scordium, opium corrected, 8. To remember masticatories for the mouth. white pepper, nasturtium, white and red bean, 9. And orange-flower water to be smelt to or odstum dulce, dactylus, pine, fig, egg-shell, vinum
lingal, vinegar,
"
take every morning the fume of lignrosemary and bays dried, which I use; but once in a week to add a little tobacco, without
6.
To
malvaticum, ginger, kidneys, oysters, crevises, or river crabs, seed of nettle, oil of sweet almonds, sesaminum oleum, asparagus, bulbous roots,
onions, garlic, eruca, daucus seed, eringo, siler montanus, the smell of musk, cynethi odor, carawav seed, flower of puls, aniseed, pellitory,
snuffed up. 10. In the third hour after the sun
is risen, to
six or
ley,
* Viz. of rhubarb infnsr d into a draught of white wine and beer, mingled together for the SM:HT ( half an hour, once in seven days. See the Lord Bacon s Life, by Di. Raw-
towards the end.
KI:M VINS.
take in air from .1 ventilation of
4ii9
l it lie an mince; spread upon a and applied lukewami, and continued
!
some
P>-;e
ami open place, with re,|i violets nio>r|ial.e, and

hi"-h
l
f oil i.f ri.ses
linen eluili,
for three
and
to stir the earth,
with infusion of wine and

enula campana, car-
hours space
2.
mint.
11.
use ale
\\
ith a little
The bath
or fomentation.
;
dims, germander, sage, angelica-seed, cresses of a middle age, to beget a robust heat.
1-J.
Take
,,f
;,jr
leaves half a handful
of the root
13.
Mithridate thrice a year. bit of bread dipped in vino odorato, with

little
of hemlock sliced six drams; of briony roots half an ounce; of the leaves of red roses two pugils;
let
them be boiled
syrup of dry roses, and a

bed.
1
1
.
in a pottle of water,
till
wherein
amber, at going
to
Never to keep the body in the same posture above half an hour at a time. scarlet wool, in the liquor hot, and so 15. Four precepts. To break off custom. To renewed seven dipped all in the times ; space of a quarter To meditate on of an shake off spirits ill disposed. or little more. hour, youth. To do nothing against a man s genius.
16.
the liquor come to a After the straining, put in half a handful quart. of bay salt. Let it be used with scarlet cloth, or
steel hath
been quenched,
Syrup of quinces
for
the
mouth of the
3.
stomach.
17.
Inquire concerning other things useful
The plaister.
diachalciteos, as
in that kind.
Take emplastrum
sufficient for the part
much
Let
as is
it
use once during supper time wine in which gold is quenched. 18. To use anointing in the morning lightly
To
you mean
to cover.
be
dissolved with
as will stick
;
of roses, in such a consistence and spread upon a piece of holland,

oil
with
oil
of almonds, with salt and saffron, and a
and applied. His lordship

s
gentle rubbing. 19. Ale of the second infusion of the vine of
broth
and fomentation for
the stone.
oak.
20.
The
Methusalem water, of pearls and
shells of sliced
broth.
crabs, and a little chalk. 21. Ale of raisins, dactyles, potatoes, pistachios, honey, tragacanth, mastic.
22.
23.
Wine with swine s flesh or hart s flesh. To drink the first cup at supper hot, and
of eryngium roots, cleansed and and boil them together with a chicken. In the end, add of elder flowers, and marigold flowers together, one pugil; of angelica seed half a dram, of raisins of the sun stoned, fifteen; of
;
Take one dram
half an hour before supper something hot and aromatized.

24. Chalybeates four times a year. 25. Pilulae ex tribus, once in two months, but after the mass has been macerated in oil of al
rosemary, thyme, mace, together, a little. In six ounces of this broth or thereabouts, let there be dissolved of white cremor tartari three
grains.
Every
third or fourth day, take a small toast

oil
monds.
26. Heroic desires. 27. Bathing of the feet once in a
of manchet, dipped in
of sweet almonds
little
drawn, and sprinkled with a
loaf sugar.
new You
make month, with may
the broth for
two days, and take the

stir,
lye ex sale nigro, camomile,
sweet marjoram,
fennel, sage, and a little aqua vitas. 28. To provide always an apt breakfast.
one-half every day. If you find the stone to

for a course or
is,
forbear the toast
two.
The
intention of this broth
To beat the flesh before roasting of it. 30. Macerations in pickles. 31. Agitation of beer by ropes, or in wheel
29.
not to void, but to undermine the quarry of the
stones in the kidneys.
barrows.
32.
The fomentation.
of leaves of violets, mallows, pellitory of the wall, together, one handful; of flowers of
That
diet is
then renews.
good which makes lean, and Consider of the ways to effect it.
Take
camomile and
MEDICAL RECEIPTS OF THE LORD BACON.

His lordship s usual receipt for the gout. To which he refers, Nat. Hist. Cent. L V. 60.
1.
root of
melilot, together, one pugil; the marsh-mallows, one ounce; of anise and fennel seeds, together, one ounce and a half; of flax-seed two drachms. Make a decoction in
spring water.
The second
Thepoullis.
a receipt, showing the way of making certain ointment, which his lordship called Ungu-
Take
to
only, thin cut
of manchet about three ounces, the crumb let it be boiled in milk till it grow ;
tntum fragrant^
sire
Itomanum,
the
fragrant or
of
set
oil
Roman
Take
unguiiit.
;
a pulp.
Add
in the
end a dram and a half of

saffron ten grains;
of the fat of a deer half a pound

It
of
the
powder of red roses; of
sweet almonds two ounces:
them be
2R
upou
470
MEDICAL REMAINS.
The third
receipt.
n very gentle fire, and stirred with a stick of juniper Add of root of flower-detill they are melted. luce powdered, damask roses powdered, together, one dram ; of myrrh dissolved in rose-water half a
manus ChriaHfor
the stomach.
of the best pearls very finely pulverized, one dram ; of sal nitre one scruple ; of tartar two scruples ; of ginger and galingal together, one
Take
dram; of cloves half a scruple; of

grains;
of
civet four
musk
six
of amber sixteen grains; of the best musk ten expressed one drop ; ficeth to keep the unguent from heing too thick. grains; with rosewater and the finest sugar, let and set there be made a manus Christi. Let all these be put together in a glass, and upon the embers for the space of an hour, The fourth receipt. Jl secret for the stomach. stirred with a stick of juniper. Take lignum aloes in gross shavings, steep Note, that in the confection of this ointment,
there
mace grains; of oil of as much of rosewater as suf-
ounce and a half; of calamus, root of enula campana, nutmeg, together, one scruple and a half;
was not used above a quarter of a pound, and a tenth part of a quarter of deer s suet and that all the ingredients, except the oil of almonds, were doubled when the ointment was half made, because the fat things seemed to be too predo
:
them
in sack, or alicant,
till
hour at a time,
changed twice, half an the bitterness be drawn forth.
Then
take the shavings forth, and dry them in the shade, and beat them to an excellent powder. Of that powder, with the syrup of citrons, make a
minant.
small
pill, to
be taken before supper.
JUDICIAL CHARGES
AND TRACTS.
THE EFFECT OF THAT WHICH WAS SPOKEN
LORD KEEPER OF THE GREAT SEAL OF ENGLAND,

AT THE TAKING OF HIS PLACE
IN
IN
CHANCERY,
PERFORMANCE OF THE CHARGE
HIS MAJESTY
HAD GIVEN HIM WHEN HE RECEIVED THE
SEAL,
MAY
7, 1617.
I enter into the business of the court, 1 advantage of so many honourable wit nesses to publish and make known summarily, what charge the king s most excellent majesty gave me when I received the seal, and what orders and resolutions I myself have taken in conformity to that charge; that the king may have the honour of direction, and I the part of obedi ence; whereby your l./rdships, and the rest of the presence, shall see the whole time of my sitting in the chancery, which may be longer or shorter, as it shall please God and the king, contracted into one hour. And this I do for three causes. First, To give account to the king of his com
BEFORE
hall take
a table, according to the good predecessor in his beginning.
example of
my last
I
And,
lastly, that these

to
imperatives, which
have made but
times, be with out prejudice to the authority of the court, or to wiser men that may succeed me; and chiefly that
myself and
my
they are wholly submitted unto the great wisdom of my sovereign, and the absolute prince in judi cature that hath been in the Christian world ; for
any of these things which I intend to be sub ordinate to his directions, shall be thought by his
if
majesty to be inordinate, I shall be most ready to reform them. These things are but, tanquam album praetoris for so did the Roman praetors,
"
;"
mandment.
Secondly, That
it
which have the greatest
affinity
with the juris
may be a guard and custody diction of the chancellor here, who used to set to myself, and my own doings, that I do not down at their entrance, how they would use their swerve or recede from any thing that I have pro jurisdiction. And this I shall do, my lords,
"in
fessed in so noble
And,
thirdly,
company. That all men
verbis masculis
that have to do with
;"
but such as are
fit
no flourishing or painted words, to go before deeds.

is
the chancery or the seal, may know what they shall expect, and both set their hearts and my
ears at rest; not moving me in any thing against these rules ; knowing that my answer is now
The king
charge, which
my lantern,
rested
upon four heads.
The first was, That I should contain the juris diction of the court within its true and due limits,
without swelling or excess. The second, That I should think the putting of
the great seal to letters patents
turned from a
It is
"
nolumus"
into a
"
non possumus."
no more,
this I
first
will not, but, I cannot, after this
declaration.
was not a matter

;
do also under three cautions. That there be some things of a more secret and council-like nature more fit to be acted than published. But those things which I shall speak of to-day are of a more public nature. The second is, That I will not trouble this pre sence with every particular, which would be too long but select those things which are of greatest ad summas rerum efficacy, and conduce most
is.
;
"
And The
of course to follow after precedent warrants but that I should take it to be the maturity and fulness of the king s intentions: and, therefore, of the
greatest parts of my trust, if I saw therein any scruple or cause of stay, that I should acquaint him, concluding with a Quod dubites ne feceris."
"
The
third
was, That
should retrench
all
unne
;"
cessary delays, that the subject might find that he did enjoy the same remedy against the fainting of the soul and the consumption of the estate;
leaving
many
other particulars to be set
down
in
471
472
SPEECH ON TAKING HIS PLACE

justice.
"Bis
IN
CHANCERY.
whirh was speedy

dat."
dat, qui cito
fourth was, that justice might pass with as easy charge as might be; and that those same brambles, that grow about justice, of needless
The
plainant enter into good bond to prove his sug gestion : so that if he will be relieved against a judgment at common law upon matter of equity,
he shall do
it
"tanquam in vinculis," at
his peril
oharge and expense, and all manner of exactions, might be rooted out so far as might be.
These commandments,
my
lords, are righteous,
point of excess may be tl.e overfrequent and facile granting of injunctions for the staying of the common laws, or the altering of possessions; wherein these shall be my rules.
third
I will grant no injunction merely upon priority of suit; that is to say, because this court was first possessed a thing that was well reformed in
:
The
nd, as I may term them, saered ; and, therefore, M use a sacred form, I pray God bless the king
for his great care
over the justice of the land, and
give me, his poor servant, grace and power to observe his precepts.
the late lord chancellor s time, but usual in the Chancellor Bromley s time ; insomuch, as I re
Now, for a beginning towards it, I have set member, that Mr. Dalton, the counsellor at law, down and applied particular orders to-day out of put a pasquil upon the court in nature of a bill
;
these four general heads. For the excess or tumour of this Court of
cery, I shall divide
it
Chan
into five natures.
for seeing it was no more but, My lord, the bill came in on Monday, and the arrest at common law was on Tuesday, I pray the. injunction upon
The
retain
first is,
when
the court doth embrace and
causes, both in matter and circumstance merely determinable and fit for the common law ;
priority of suit : he caused his client that had a loose debtor, to put his bill into the chancery
before the bond due to
him was
forfeited, to desire
an order that he might have his money at the day, because he would be sure to be before the other. I do not mean to make it a matter of a horse are that are fit for the court, or not fit for the court, race who shall be first at Westminister-hall. were too long a lecture. But I will tell you what Neither will I grant an injunction upon matter remedy I have prepared. I will keep the keys of contained in the bill only, be it never so smooth the court myself, and will never refer any demur and specious but upon matter confessed in the rer or plea, tending to discharge or dismiss the defendant s answer, or matter pregnant in writing, court of the cause, to any master of the chancery, or of record ; or upon contempt of the defendant but judge of it myself, or at least the master of in not appearing, or not answering, or trifling with
ordained to supply the law, and not to subvert the law. Now, to describe unto you or delineate what those causes
for,
my
lords, the
chancery
is
the rolls.
that on the
day of orders, first to hear motions of that nature before any other, that the subject may have his vale" at first without attending, and that the
"
Nay, farther, I will appoint regularly, the court by insufficient answering. For then it Tuesday of every week, which is the may be thought that the defendant stands out upon purposes to get the start at the common law,
and so
to take
advantage of his
suffered.
own contempt;
main
which may not be
court do not keep and accumulate a miscellany and confusion of causes of all natures.
As
for injunctions for possession, I shall
The second point concerneth the time of the complaint, and the late comers into the chancery; which stay till a judgment be passed against
them
law, and then complain wherein your lordships may have heard a great rattle and a noise of a "praemunire," and I can
at the
:
tain possessions as they were at the time of the bill exhibited ; and for the space of a year at the least before, except the possession were gotten hy
common
any trick. Neither will I alter possession upon interlocu tory orders, until a decree; except upon matter plainly confessed in the defendant s answer, joined
also with a plain disability and insolvency in the defendant to answer the profits.
force or
not
tell
what.
But
that question the king hath
settled according to the ancient precedents in all times continued. And this I will say, that the
As
for
taking of possession
away
in respect of
would be a
opinion, not to relieve any case after judgment, guilty opinion; guilty of the ruin,
contempts,
and naufrage, and perishing of infinite subjects: The fourth point is concerning the communicat and as the king found it well out, why should a man fly into the chancery before he be hurt ] ing of the authority of the chancellor too far ; and The whole need not the physician, but the sick. making, upon the matter, too many chancellors, But, my lords, the power would be preserved, by relying too much upon the reports of the mas the practice would be moderate. My rule ters of the chancery as concludent. I know, my
l>ut
I will have all the process of the court spent first, and a sequestration of the profits before I come to an injunction.
shall be, therefore, that in case of complaints after judgment, except the judgments be upon "nihil
dicit,"
lords, the masters of the
chancery are reverend

;
and cases which are but disguises of judg ment, as that they be judgments obtained in con tempt of a preceding order in this court, yea, and
rter
mass of the business of the and it is a court cannot be sped without them
men; and
the great
thing the chancellor
verdicts also, I will
have the party com
ease, to rely too that I will take generally
may soon fall into for his own much upon them. But the course
shall be this
;
will
<>\
TAKIM; HIS
"I
IM.A<
I!
IN
<
II
\\CERY.
.
473
in ike
tin
1
at
no binding order upon any report of \vitaout giving a seven-night s day the least, ti sln.w aâin.-t the report,
"lie
in. inters,
of
MOM
nevertiii los 1 will have dour modestly, and with due reverenc,- towards them and, again, I must utterly diaoontioM the making of a hypo
which
he a grant which 1 con. to be ajrainst tin- law ; of \vlii.-h nature Them! Mils \\.is \vont to vay, M In n u.is pressed."! sp,.ke it. nr u n te it, hut I
Thirdly, If
it
my
little
knowledge,
,
ln>
granted
it
not
if it
it,
be
unjust:"
will rail tlio
learned counsel to
as well him that drew the

if
order; that if a master of the chanci ry do certify thus and thus, that then it is so ..rdi red \N ithoiit farther motion ; for that it
i
i
thetical or conditional
hook as
cause,
I
tin- rest,
or
some of them: and
we
fun!
surprise, and jiveth no time for contradiction.
inform his majesty of our opinion, cither hy myself or some of them. And as for the judges, they are judges of grants past, hut not of
will
The
last
shall be so
much
point of excess is, if a chancellor of himself, as be shall neglect
assistance of reverend judges in cases of difficulty, especially if they touch upon law, or calling them,
come, except the king call them. Fourthly, If the grants he against the king s public book of bounty, I am expressly command
rants to
ed to stay them until the king either revise his
do it but "pro forma tantum," and give no due respect to their opinions: wherein, my lords, preserving the dignity and majesty of the court, which I account rather increased than diminished by grave and due assistance, I shall never be found so sovereign or abundant in mine own ense, hut I shall both desire and make true use
shall
book
Fifthly,
in general, or give direction in particular. If, as a counsellor of estate, I do fore
see inconvenience to ensue hy the grant in reason of estate, in respect of the king s honour, or dis
content, and
trust
murmur
of the people
I
it,
will not
mine own judgment, but
will either ac
quaint his majesty with
or the council table, or
Nay, I assure your lordships, if I some such of my lords as I shall think fit. should find any main diversity of opinion of my Lastly, For matter of pardons ; if it be for trea assistants from mine own, though I know well son, misprision, murder, either expressed or invo
of assistance.
l|ie
judicature of the court wholly resteth in
my
lute,
"
self, yet I think I should have recourse to the oracle of the king s own judgment, before I should
praemunire,"
ment
I
or of piracy, or of or of fines, or exemplary punish in the Star Chamber, or some other natures ;
by a
"
non-ohstante
;"
pronounce. And so much for the temperate use of the authority of this court; for surely the health of a court, as well as of a body, consisteth
in
shall
by the grace of God stay them
until bis
who is the fountain of grace, may resolve between God and him, how far grace shall abound
majesty,
or superabound.
temperance.
For the second commandment of his majesty,

touching staying of grants at the great seal ; there may be just cause of stay, either in the matter of
the grant, or in the Out of both which
And
if it
he of persons attainted and convicted
manner of passing
I
:
the same.
of robbery, burglary, etc., then will I examine whether the pardons passed the hand of any jus tice of assize, or other commissioners, before
extract these six principal

all
whom the trial was made;
and
if not, I
think
it
my
cases which
which, nevertheless, I understand to be wholly submitted to his majesty s will and pleasure, after by me he shall have been informed; for if "iteratum mandatum" be come, obedience is better than sacrifice.
will
now make known
duty also to stay them. And your lordships see in this matter of the seal, and his majesty s royal commandment concerning
I mean to walk in the light; so that men may know where to find me and this pub
the same,
The
first
case
is,
where any matter of revenue,
or treasure, or profit, passeth from his majesty ; my first duty shall be to examine, whether l!:e
lishing thereof plainly, I hope, will save the king from a great deal of abuse, and me from a great deal of envy ; when men shall see that no particu
grant hath passed in the due and natural course by the great officers of the revenue, the lord treasurer and chancellor of the exchequer, and with their
which if I find it not to be, I must prehave passed in the dark, and by a kind of surreption; and I will make stay of it till his s m a|. ty pleasure he farther known.
privity
;
sume
it
to
end leads me, but a general rule. head of his majesty s precepts concerning speedy justice, it rests much upon myself, and much upon others: yet so, as my procuration may give some remedy and order
lar turn or
For the
third general
to
it.
For myself,
am
resolved that
my
decree
be a grant that is not merely vulgar, and hath not of course passed at the signet by a "fac simile," but needeth science, my duty shall be to examine whether it hath passed by the
Secondly, If
it
speedily, if not instantly, after the hearing, and my signed decree speedily upon my For it hath been a manner decree pronounced.
shall
come
much used of late in my last lord s time, of v.hom I learn much to imitate, and somewhat to avoid
;
upon the solemn and full hearing of a cause And if I nothing is pronounced in court, hut breviates are nnd it otherwise, although the matter were not in required to be made; which I do not dislike in Fur I confess I have itself inconvenient, yet hold it a just cause of itself in causes perplexed. piay. for precedent s sake, to keep men in the right somewhat of the eunctative; and I am of opinion, way. that whosoever is not wiser upon advice tUan
learned counsel and had their docket; that his majesty reads, and leads him.
is
which
that
VOL.
II.
GO
2 R 2
474
SPEECH ON TAKING HIS PLACE

the sudden, the
IN
CHANCERY.
same man was j.o wiser -at with I will not trouble you now, because "sink* open was my father s ma sequar fahtijria rrrum." And so much for fifty than he was at thirty. And it But matter of expedition. ordinary word, "You must give me time."
yet I find when such breviates were taken, the cause was sometimes forgotten a term or two, arid
Now, for the fourth and last point commandment; for the cutting off
;
of the king s unncci

s>;irv
then set down for a new hearing, three or four charge of the subject, a great portion of it is ful for it is the length terms after. And in the mean time the subject s filled in the precedent article oulse beats swift, though the chancery pace be of suits that doth multiply charges chiefly; but slow. Of which kind of intermission I see no use, yet there are some other remedies that do conduce
and therefore I will promise regularly to pro thereunto. nounce my decree within few days after my hear First, therefore. I will maintain strictly, and ing ; and to sign my decree at the least in the with severity, the former orders which I find my For fresh justice lord chancellor hath taken, for the immoderate and vacation after the pronouncing. And to the end that there be no needless prolixity, and length of bills and answers, is the sweetest. of justice, nor any other meansmaking or and so forth ; as well in punishing the party, as delay labouring, but the labouring of the counsel at the fining the counsel, whose hand I shall find at such
bar.
Again, because justice is a sacred thing, and the end for which I am called to this place, and therefore is my way to heaven and if it be shorter, it is never a whit the worse, I shall, by the grace of God, as far as God will give me strength, add the afternoon to the forenoon, and some fourth
:
answers, etc. Secondly, for all the examinations taken in the court, I do give charge unto the examiners, upon peril of losing their places, that they do not use
bills,
idle repetitions, or needless circumstances, in setting down the depositions taken by them ; and I would I could help it likewise in the coun-
any
night of the vacation to the term, for the expedit- try, but that is almost impossible, ing and clearing of the causes of the court; only the Thirdly, I shall take a diligent survey of the depth of the three long vacations I would reserve copies in chancery, that they have their just numin some measure free from business of estate, and ber of lines, and without open and wasteful for studies, arts, and sciences, to which in my writing. own nature I am most inclined. Fourthly, I shall be careful there be no exaction There is another point of true expedition, which of any new fees, but according as they have been resteth much in myself, and that is in my man- heretofore set and tabled. For I have seen an affectaner of giving orders. As for lawyers fees, I must leave that to the
t
tion of despatch turn utterly to delay at length : for the manner of it is to take the tale out of the
conscience and merit of the lawyer ; and the estimation and gratitude of the client ; but this 1 counsellor at the bar his mouth, and to give a cur- can do ; I know there have used to attend this bar sory order, nothing tending or conducing to the a number of lawyers that have not been heard It makes me remember sometimes, and scarce once or twice in a term ; end of the business.
| :
what
cery
;
heard one say of a judge that sat in chan
that he
would make
forty orders in a
it
morn
ing out of the way, and

indeed
;
was out of
the
way
and that makes the client seek to great counsel and favourites, as they call them, for every order that a mean lawyer might as w ell despatch, a term
; for it was nothing to the end of the busi and this is that which makes sixty, eighty, a hundred orders in a cause, to and fro, beget ting one another ; and, like Penelope s web, doing But I mean not to purchase the and undoing. praise of expeditive in that kind ; but us one that have a feeling of my duty, and of the case of others. My endeavour shall be to hear patiently, and to cast my order into such a mould as may soonest bring the subject to the end of his journey.
ness
And therefore to for kings than judges. help the generality of lawyers, and therein to ease the client, I will constantly observe that every Tuesday, and other days of orders, after nine
fitter
o clock strucken, I will hear the bar until eleven, or half an hour after ten at the least.
I
j !
And
since
am upon
the point
whom
will hear, your lord-
It ships will give me leave to tell you a fancy. falleth out, that there be three of us the king s ser-
As
for
delays that
may concern
great abuse is, that if injunction to stay suits he will spin out his cause at length. But, by the grace of God, I will make injunctions but a hard
vants in great places, that are .awyers by descent, Mr. Attorney, son of a judge, Mr. Solicitor, likethe plaintiff have got an wise son of a judtjp, and myself, a chancellor s son. at the common law, then Now, because the law roots so well in my time,
I
others, first the
pillow to sleep
I will water it at the root this far, as, besides these great ones, I will hear any judge s son before a on for if I find that he prosecutes sergeant, and any sergeant s son before a reader, not with effect., he may, perhaps, when he is if there be not many of them. awake, find not only his injunction dissolved, but Lastly, for the better ease of the subjects, and this cause dismissed. the bridling of contentious suits, I shall There be other particular orders, I mean to take ter, that is greater costs where the suggestions for /ion-prosecution, cr faint prosecution, where- are not proved, than hath been hitherto used.
!
gis<
SIM:I:<-II
m:r<>i;i:
Tin; MM\II:I{ CIRCUITS.
475
Thorn bo divors orders

of this court;
jyrailtillir
lit
fur tin- hrttor n
Lrl
-nn -nt
f
>r
;nnl fur
<ir.iiitiii<r
of writs, and
to his people. And it is tnio, that I do affect and aspire to make good that saying, that Optitnns
Unit-Iicr-i
and
I
otlitTS, \vllicll Isli;ill Sft
down
in
atahlc.
Hut
will doal with no other
that
commandmrnt ; it hring rny comfort serve such a master, that I shall nerd to ho but a conduit only for the conveying of his goodness
majesty
I
to-d.iy hut s
such as have a proper relation to his
winch is tme magistrates praestat optima Irgi in his majesty. And for myself, I douht, I shall not attain it. But yet I have a domestic exam
;"
ple to follow. say, hut court.
My
I
lords,
have no more
to
now
will
go on
to the business of tho
THE SPEECH WHICH WAS USED
LORD KEEPER OF THE GREAT SEAL,

IN
THE STAR CHAMBER, BEFORE THE SUMMER CIRCUITS, THE KING BEING THEN
IN
SCOTLAND,
1017.
THE king, by his perfect declaration published in this place concerning judges and justices, hath made the speech of his chancellor, accustomed
before the circuits, rather of ceremony than of use. For as in his book to his son he hath set forth a
true character
his
>|ir<
your ordinary administration of justice, you do carry the two classes or mirrors of the state; for
your duty, in these your visitations, to repre sent to the people the graces and care of the king : and again, upon your return, to present to the king
it is
:
"
and platform of a king; so in this the distastes and griefs of the people. ch he hath done the like of a judge and Mark what the king says in his book Procure justice: which showeth, that as his majesty is reverence to the king and the law; inform my excellently able to govern in chief; so he is like people truly of me," (which, we know, is hard wise well seen and skilful in the inferior offices to do according to the excellency of his merit ; but and stages of justice and government; which is yet endeavour it,) how zealous I am for religion ;
"
law may be maintained and flourish ; Yet, nevertheless, somewhat must be said to that every court should have its jurisdiction that fulfil an old observance but yet upon the king s every subject should submit himself to the law." grounds, and very briefly for, as Solomon saith And of this you have had of late no small occa In these things who is he that sion of notice and remembrance, by the great and in another case, can come after the king!" strait charge that the king hath given me as keeper
a thing very rare in kings.
I desire
; ;
:
"
how
First, You that are the judges of circuits are, as of his seal, for the governing of the chancery with were, the planets of the kingdom I do you no out tumour or excess. dishonour in giving you that name, and no doubt re nata," you at this present ought Again, you have a great stroke in the frame of this govern to make the people know and consider the king s ment, as the other have in the great frame of the blessed care and providence in governing this
it
:
"e
world. Do therefore as they do, move always, realm in his absence so that, sitting at the helm and be carried with the motion of your first mover, of another kingdom, not without great affairs and which is your sovereign. A popular judge is a business; yet, he governs all things here by his deformed thing: and "plaudites" are fitter for letters and directions, as punctually and perfectly Do good to the as if he were present. players than for magistrates. I assure you, my lords of the council and I do people, love them and give them justice butlet it nihil inde expectantes much admire the extension and latitude of his care be, as the Psalm saith,
; ;
"
;"
looking
for nothing, neither praise
nor
profit.
in all things.
In the high commission he did conceive a sinew Yet my meaning is not, when I wish you to take heed of popularity, that you should be im of government was a little shrunk ; he recom perious and strange to the gentlemen of the mended the care of it. He hath called for the accounts of the last cir country. You are above them in power, but your
rank
is
not
is
much unequal; and
learn this, that cuit from the judges to be transmitted unto
him
power
ovor of greatest strength,
when
it
is
in Scotland.
civilly carried.
Touching
Secondly,
You must remember,
that besides been careful, and
the infestation of pirates, he hath is, and hath put things in a way.
476
SPEECH TO
SIR
WILLIAM JONES.
and reverend
tion,
All things that concern the reformation or the plantation of Ireland, he hath given in them All this in punctual and resolute directions.
absence.
I give but a few instances of a public nature ; the secrets of council I may not enter into, though
for there will be perpetual defec except you keep men in by preaching, a* well as law doth by punishing; and commonly spiritual diseases are not cured hut by spiritual remedies.
:
Next,
as
let
me commend
may
unto you the repressing,
his despatches into France, Spain, and the Low Countries, now in his absence, are also notorious
much
as
be, of faction in the countries, of
So that I must con as to the outward sending. clude that his majesty wants but more kingdoms, for I see he could suffice to all. As for the other glass I told you of, of repre
which ensue infinite inconveniences, and perturba tions of all good order, and crossing of all good service in court or country, or wheresoever. Cicero, when he was consul, had devised a fine remedy,
"
a mild one, but an effectual and apt one; for he Eos, qui otium perturbant, reddam otiosenting to the king the griefs of his people, with saith, out doubt it is properly your part ; for the king sos." Those that trouble others quiet, I will give ought to be informed of any thing amiss in the them quiet; they shall have nothing to do, nor no
state of his countries
relations of the judges, that indeed know the pulse of the country, rather than from discourse. But,
for
from the observations and authority shall be put into their hands. If I may know from you, of any who are in the country that are heads or hands of faction, or men of tur this glass, thanks be to God, I do hear from bulent spirits ; I shall give them Cicero s reward,
all, that there was never greater peace, obedi ence, and contentment in the country ; though the best governments be always like the fairest crys
you
tals,
which
wherein every little icicle or grain is seen, in a fouler stone is never perceived. Now to some particulars, and not many: of all
much as in me is. To conclude, study the king s book, and study yourselves how you profit by it, and all shall be well. And you, the justices of peace in particular, let me say this to you, never king of this realm did you so much honour as the king hath done
as
other things I must begin as the king begins ; that you in his speech, by being your immediate direct is, with the cause of religion, and especially the or, and by sorting you and your service with the hollow church Papist. St. Augustin hath a good service of ambassadors, and of his nearest attend comparison of such men, affirming, that they are ance. Nay, more, it seems his majesty is willing like the roots of nettles, which themselves sting to do the state of justice of peace honour actively not, but yet they bear all the stinging leaves: let also: by bringing in with time the like form or me know of such roots, and I will root them out commission into the government of Scotland, aa
of the country. that glorious king, Edward the Third, did plant Next, for the matter of religion ; in the princi this commission here in this kingdom. And, there to you and to the fore, you are not fit to be copies, except yon be pal place I recommended both
justices, the
countenancing of godly and zealous

I
fair written,
without blots or blurs, or any thing

:
preachers. I mean not sectaries or novelists, but those which are sound and conform, and yet pious
unworthy your authority and so you no longer for this time.
I will trouble
THE SPEECH USED
BY SIR FRANCIS BACON,

LORD KEEPER OF THE GREAT SEAL OF ENGLAND,
TO SIR WILLIAM JONES,

UPON
HIS CALLING
TO BE LORD CHIEF JUSTICE OF IRELAND,
1617
Chief Justice of his King s Bench in his realm of SIR WILLIAM JONSS, The king s most excellent majesty, being duly Ireland. And, therefore, that which I shall say to informed of your sufficiency every way, hath you, must be applied not to your Serjeant s place, called you, by his writ now returned, to the state which you take but in passage, but to that great End degree of a Serjeant at law; but not to stay place where you are to settle; and because I will business of tnere, but, being so qualified, to serve him as his not spend time to the delay of the
SI
causes of the court,
journey
I
EKCH 10
you
the
SIR
JOHN I)KMI\M.
477
will
lead
the short
by
examples, and
not
long
by
hut under tlio justice, as if it were in England, king and the deputy you are to be a master-builder,
pnwpte
(>!(
Tin- place that shall now serve in, hath n fortunate to he well served in lour succes
y<>
and a master-planter, and reducer of Ireland. To which end, 1 will trouble you at this time but
with three directions.
do hut take unto you the con sions before you stancy and integrity of Sir Robert Gardiner; the gravity, temper, and direction of Sir James Lea;
:
The first is, that you have special care of the That of the north, which is in three plantations. which is now in dis part acted; that of \\ ext ord,
tribution;
the
quickness,
Humphry Winch;
industry, and despatch of Sir the care and aflection to the
and that of Longford

in survey.
and
Letrim,
commonwealth, and the prudent and politic ad ministration of Sir John Denhain, and you shall
need no other lessons.
take this from me, that the bane of a plantation is, when the under takers or planters make such haste to a little
which
is
now
And
Inn men, as you are; you have
They were all Lincoln s mechanical present profit, as disturbeth the whole known them as frame and nobleness of the work for times to
come. Therefore hold them to their covenants, and the strict ordinances of plantation. The second is, that you be careful of the king s revenue, and by little and little constitute him a good demesne,
little
well in their beginnings, as in their advancement. But because you are to be there not only chief
in
justice, but a counsellor of estate, I will put mind of the great work now in hand; that
raise
is
you you
Ire
may
land
your thoughts according unto

"ex
it.
the last
filiis
Europae,"
which hath
or none.
been reclaimed from desolation, and desert, in many parts, to population and plantation; and from savage and barbarous customs to humanity and civility. This is the king s work in chief:
his garland of heroical virtue and felicity, denied to his progenitors, and reserved to his
it
every
man
if it may be, which hitherto is For the king s case is hard, when land shall be improved in value with
increase manifold, and the king shall be tied to his dry rent.
that
last direction, though first in weight, is, you do all good endeavours to proceed reso lutely and constantly, and yet with due temper ance and equality, in matters of religion; lest Ireland civil become more dangerous to us than
My
is
times.
tion,
The work
is
is
hut
in fair
not yet conducted advance: and this

bless this
to perfec
I
will say
confidently, that if
God
kingdom with
Ireland savage.
So God give you comfort
of
peace and justice, no usurer is so sure in seven years space to double his principal with interest, and interest upon interest, as that kingdom is within the same time to double the stock both of wealth and people. So as that kingdom, which once within these twenty years wise men were wont to doubt whether they should wish it to be in a pool, is like now to become almost a garden, and younger sister to Great Britain.
your place.
After Sir William Jones s speech
I
:
had forgotten one thing, which was this. You may take exceeding great comfort, that you shall serve with such a deputy; one that, I think, is a man ordained of God to do great good to that
kingdom.
And
this I think
good
to
say
to
you,
And,
to
yourself be not only a just governor, and a good chief
therefore,
you must
set
down with
that the true temper of a chief justice towards a deputy is, neither servilely to second him, nor
factiously to oppose him.
THE LORD KEEPER

IN
SPEECH,
THE EXCHEQUER,
TO SIR JOHN DENHAM,

WHEN HE WAS CALLED TO
BE ONE OF THE BARONS OF THE EXCHEQUER, IN 1617.
SIR JOHN
DENHAM
king, of iiis grace and favour, hath made choice of you to be one of the barons of the exchequer, to succeed
to
THE
[upon
credit, hut proof, and great proof of yeur former service: and that in both those kinds wherein you are now to serve for, as you h ivt:
one of the gravest and most showed yourself a good judge between party and reverend judges of this kingdom; for so I hold party, so you have showed yourself a good adintThe king takes you not nister of the revenue, both when you were chief Baron Altham was.
,
178
SPEECH TO JUSTICE BUTTON.

I
baron, and since as counsellor ot estate there in Ireland, where the council, as you know, doth in
great part manage and messuage the revenue. And to both these parts I will apply some admonitions, but not vulgar or discursive, but apt for the times, and in few words, for they are best remembered. First, therefore, above all you ought to main tain the king s prerogative, and to set down with s prerogative and the law yourself, that the king
are not two things; but the king s prerogative is law, and the principal part of the law, the first born or pars priina" of the law ; and, therefore,
"
I will give you hath a larj you do your endeavour in your the king justice ami rev. mie, manage as the king may have most profit, and the suliject
The
third advice
is,
extent; it place so to
that
.s
least vexation
to the subject,
for
when
little
there
is
much
vex.itiuu
and
the exchequer benefit to the king, with less trouble and vexation
to the subject, then the exchequer is sound. A&, for example ; if there shall be much racking for
benefit to the king, then is sick: and ulien there is much
the king s old debts; and the more fresh and late debts shall be either more negligently called upon,
or over-easily discharged, or over-indulgently stall
and the king s part or fines for compositions a of man one law of the head, and another of the trifle ; or if there be much ado to get the king new land upon concealments, and that which he hath body, but all is one entire law. The next point that I would now advise you is, already be not known and surveyed, nor the that you acquaint yourself diligently with the woods preserved, (I could put you many other revenue ; and also with the ancient records and cases,) this falls within that which I term the sick precedents of this court. When the famous case estate of the exchequer: and this is that which of the copper mines was argued in this court, and makes every man ready with their undertakings judged for the king, it was not upon the fine and their projects to disturb the ancient frame of reasons of wit; as that the king s prerogative the exchequer; than the which I am persuaded, drew to it the chief quaque specie:" the lion there is not a better, this being the burden of the
"in
in conserving or maintaining that, you conserve and maintain the law. There is not in the body
ed
or, if
the
number of informations be many,
song That much goeth out of the subject s purse, and little cometh to the king s purse. Therefore, Sure 1 chief of minerals; for these are but dalliances of give them not that advantage so to say. law and ornaments but it was the grave records am, that besides your own associates, the barons, and precedents that grounded the judgment of that you serve with two superior great officers, that cause; and, therefore", I would have you both have honourable and true ends, and desire to guide and arm yourself with them against these serve the king and right the subject. ur There resteth, that I deliver you vapours and fumes of law, which are extracted out of men s inventions and conceits. patent.
is
the chief of beasts, the eagle the chief of birds, the whale the chief of fishes, and so copper the
:
y<
HIS LORDSHIP S SPEECH IN
THE COMMON PLEAS,
TO JUSTICE BUTTON,
WHEN HE WAS CALLED TO
BE ONE OF THE JUDGES OF THE
COMMON PLEAS.
the great gate of the king s original writs out of king s most excellent majesty, being duly the chancery. Here issues process of outlawry; informed of your learning, integrity, discretion, if men will not answer law in this centre of law, experience, means, and reputation in your country, they shall be cast out. And, therefore, it is proper hath thought fiitiot to leave you these talents to for you, by all means, with your wisdom and for be employed upon yourself only, but to call you titude, to maintain the laws of the realm wherein, to serve himself, and his people, in the place of nevertheless, I would not have you headstrong, but heartstrong; and to weigh and remember one of his justices of the court of common pleas. This court where you are to serve, is the local with yourself, that the twelve judges of the realm centre and heart of the laws of this realm here are as the twelve lions under Solomon s throne: the subject hath his assurance by fines and reco they must show their stoutness in elevating and To represent unto you veries; here he hath his fixed and invariable hearing up the throne.
MR. SERJEANT HUTTON,
THE
remedies by "praecipes" and writs of right; here justice opens not by a by-gate of privilege, but by
the lines and portraitures of a good judge: 1. The first is, that you should
dmw
your
ORDINANCES
learning out of
2.
IN rii.\.\r].;KY.
479
your books, not out of your
!>.
That your hands, and the hands of your

1
about you, be clean and unfrom meddling in titles, and of from serving of turns, be they of great ones or your opinion with the reverence of the opinion small ones. your fellows. 10. That you contain the jurisdiction of the That should continue the studying of 3.
hands,
nii-.m
tli"~<
That you should mix well the freedom of corrupt from
gifts,
you
court within the ancient nicrestones, without re your buoks, and not to spend on upon the old stock. 1. That yon should fear no man s ace, and yet moving the mark. 11. I/astly, that you carry such a hand over not turn stoutness into bravery.
t
your ministers and clerks, as that they may rather be in awe of you, than presume upon you. These and the like points of the duty of a judge (i. That you should hi a liyht to jurors to open theireyes, but not a guide to lead them by the noses. I forbear to enlarge : for the longer I have lived of pregnancy with you, the shorter shall my speech be to you : 7. That you affect not the opinion and expedition by an impatient and catching knowing that you come so furnished and prepared with these good virtues, as whatsoever I shall say hearing of the counsellors at the bar. 8. That your speech be with gravity, as one of cannot be new unto you ; and, therefore, I will the salt s of the law and not talkative, nor with say no more unto you at this time, but deliver you
5.
That you should be

a
so a-
may
truly impartial, and not see affection through finecarriage.
impertinent flying out to
show
learning.
your patent.
ORDINANCES MADE
BY THE LORD CHANCELLOR BACON,

FOR THE BETTER AND MORE REGULAR ADMINISTRATION OF JUSTICE IN THE CHANCERY,
TO BE DAILY OBSERVED, SAVING THE PREROGATIVE OF THE COURT.
No decree shall be reversed, altered, or ex plained, being once under the great seal, but upon bill of review: and no bill of review shall be
admitted, except it contain either error in law, appearing in the body of the decree, without
farther examination of matters in fact, or some new matter which hath risen in time after the
for evidences, that the
evidences be brought in; and so in other cases which stand upon the
strength of the decree alone. 4. But if any act be decreed to be done which
extinguisheth the parties right at the common law, as making of assurance or release, acknow ledging satisfaction, cancelling of bonds, or evi
dences, and the like; those parts of the decree are to be spared until the bill of review be deter
decree, and not any new proof which might have been used when the decree was made never
:
theless,
upon new
proof, that is
come
to
light
mined
5.
but such sparing
is
to
be warranted by
after the decree
made, and could not possibly have
public order
made
in court.
been used at the time when the decree passed, a bill of review may be grounded by -the special license of the court, and not otherwise. 2. In case of miscasting, being a matter de monstrative, a decree may be explained, and reconciled by an order without a bill of review
;
of review shall be put in, except the party that prefers it enter into recognisance with sureties for satisfying of costs and damages
bill
it be found against him. decrees shall be made, upon pretence of equity, against the express provision of an act oi parliament: nevertheless, if the construction of
No
for the delay, if

6.
No
not understanding, by miscasting, any pretended migrating or misvaluing, but only error in the
such act of parliament hath for a time gone one auditing or numbering way in general opinion and reputation, and after 3. No bill of review shall be admitted, or any by a later judgment hath been controlled, then other new bill, to change matter decreed, except relief may be given upon matter of equity, for the decree be first obeyed and performed as, if cases arising before the said judgment, because
|
it
be
for land, that the

tha*.
it
be for m--ney,
if possession be yielded the money be paid ; if it be

;
the subject
7.
was
in
no default.
for
Imprisonment
breach of a decree
is
in
480
ORDINANCES IN CHANCERY.
and consideration taken of the former orders and
dismission, the court sh ill rule the retaining or dismissing of the new bill, according to justice
to
In-
nature of an execution, and therefore the custody
ami the party not to have any libeity In go abroad, but by special license of the lord chancellor; but no close imprisonment is to be, but by express order for wilful and extra
ought
strait,
and nature of the case.

15.
All suits grounded upon wills nuncupative,
ordinary contempts and disobedience, as hath been used. 8. In case of enormous and obstinate disobe dience in breach of a decree, an injunction is to be granted "sub pcena" of a sum ; and upon affida vit, or other sufficient proof, or persisting in con
Ifases parol, or upon long leases that tend to the defeating of the king s tenures, or for the esta
blishing of perpetuities, or grounded upon remain ders put into the crown, to dt feat pun-Li
for
brokage or rewards
to
make marriages;
;
or for
bargains at play and wagers
or for bargains foi
tempt, fines are to be pronounced by the lord chancellor in open court, and the same to be
estreated
offices contrary to the statute of 5 and (\ I M. VI., or for contracts upon usury or simony, are regu
down
into the hanaper, if cause be, by a
special order.
larly to be dismissed upon motion, if they be the sole effect of the bill; and if there be no special
9. In case of a decree made for the possession .circumstances to move the court to allow their of land, a writ of execution goes forth; and if proceedings, and all suits under the value of ten that be disobeyed, then process of contempt ac pounds, are regularly to be dismissed. V. postea 58. 60. cording to the course of the court against the 16. Dismissions are properly to be prayed, and person, unto a commission of rebellion; and then
a Serjeant at arms by special warrant: and in case the Serjeant alarms cannot find him, or be resisted ;
or
upon
the
mitment,
coming in of the party, and his com if he persist in disobedience, an injunc

;
tion is to be granted for the possession
and
in
had, either upon hearing, or upon plea unto the when the cause comes first into court; but dismissions are not to be prayed after the parties have been at charge of examination, except it be upon special cause.
bill,
case also that be disobeyed, then a commission to

the sheriff to put him into possession. 10. Where the party is committed for the breach of a decree, he is not to be enlarged until the decree
17. If the plaintiff discontinue ihe prosecution, after all the defendants have answered, above the
be fully performed in all things, which are to be done presently. But if there be other parts of the decree to be performed at days, at times to come, then he may be enlarged by order of the court if the party sue for the same cause at the common upon recognisance, with sureties to be put in for law and in chancery, he is to have a day given to the performance thereof "de futuro," otherwise make his election where he will proceed, and in not. default of making such election to he dismissed. cer11. Where causes come to a hearing in court, 19. Where causes are removed by special no decree bindeth any person who was not served tiorari" upon a bill containing matter of equity, to put in with process "ad audiendum judicium," accord the plaintiff is, upon receipt of his writ, ing to the course of the court, or did appear bond to prove his suggestions within fourteen * in person in court. gratis" days after the receipt; which, if he do not prove, 12. No decree bindeth any that cometh in "bona then upon certificate from either of the examiners, from the defendant before presented to the lord chancellor, the cause shall fide," by conveyance the bill exhibited, and is made no party, neither be dismissed with costs, and a "procedendo" to by bill nor the order; but where he comes in be granted. 20. No injunction of any nature shall be granted, "pendente lite," and while the suit is in full prosecution, and without any colour of allowance revived, dissolved, or stayed upon any private
"
space of one whole term, the cause is to be dis missed of course without any motion; but after replication put in, no cause is to be dismissed without motion and order of the court. 18. Double vexation is not to be admitted ; b-.it
or privity of the court, there regularly the decree bindeth ; but if there were any intermission of
suit,
fit
petition.
21.
No
the court
made acquainted with
the con
law
shall
injunction to stay suits at the common be granted upon priority of suit only,
veyance, the court is to give order upon the spe or upon surmise of the plaintiff s bill only; bu* matter according to justice. upon matter confessed in the defendant s answer, or matter of record, or writing plainly appearing, 13. Where causes are dismissed upon full hear or when the defendant is in contempt for not ing, and the dismission signed by the lord chan cellor, such causes shall not be retained again, answering, or that the debt desired to be stayed nor new bill exhibited, except it be upon new appeareth to be old, and hath slept long, or tho reditor or the debtor hath been dead some good matter, like to the case of the bill of review. 14. In case of all other dismissions, which are time before the suit brought. 22. Where the defendant appears not, hut sits not upon hearing of the cause, if any new bill be lirouinit, the dismission is to be pleaded ; and after an attachment ; or when he doth appear, and de reference and report of the contents of both suits, parts without answer, and is under attachment for
cial
OKDIN \M
.
!>
IN
of
dl INCERY.
tlie
481
Hot answering; or when tic ial.es oath ii iswer \\ ilhout si jht of evidences in the country ; 01 where after answer In- MIC^ at common law liy
I
same
lie
a sequestration of the profits of land, there lands, being in the defendant s hands, may
att.
iiiey,
mill
Jill
absents
iiinisrlt
beyond
granted Cur the
law, until
the
!-es
st.i\
of
ill
injunction is t(i In suits ;it the common
cil,
granted. 31. Where the decrees of the provincial coun Or of the court of P quests, or the queen s
and sentences, shall give remedy. any cause comes to a hearing, that continue the injunction in regard of the insnlli- hath been formerly decreed in any other of the ciency of the answer put in, or in regard of matter king s courts at Westminster, such decree shall confessed in the answer, then the injunction to be first read, and then to proceed to the n die and dissolve without any special order. the evidence on both sides. _ !. In the case aforesaid, where an 33. Suits after judgment may be admitted ac injunction is to be awarded for stay of suits at the common cording to the ancient custom of the chancery, law, if like suit he in the chancery, either by and the late royal decision of his majesty, of "seire facias," or but privilege, or English hill, then record, after solemn and great deliberation the suit is to be stayed by order of the court, as it in such suits it is ordered, that bond be put in is in other courts for that the court with good sureties to prove the suggestions of the by injunction, cannot enjoin itself. bill. 24. Where an injunction hath been obtained 31. Decrees upon suits brought after judgment for staying- of suits, and no prosecution is had for shall contain no words to make void or weaken
ili
party ;uis\\i-i ir appear in person ni court, ;niil tlir court give farther order: lint. nevertheless, ii|ion answer put ir,. if there fir no motion made the same
court, are by contumacy or other mi ;ins interrupt ed there the court of chancery, upon a bill pre
;
ferred for corroliorations of the
same
jurisdictions,
crees,
.
term, or the
next
mMier.il seal
after
the term. In
!_
\\ here
>t
the space of three terms, the injunction of itself without farther motion. 25. Where common law
is to fall
conscience of the party,
the judgment, but shall only correct the corrupt arid rule him to make
a bill comes in after an arrest at the restitution, or perform other acts, according to the for debt, no injunction shall be equity of the cause. without bringing the principal money into 35. The registers are to be sworn, as hath been granted there appear in the defendant s an court, except lately ordered. 36. If any order shall be made, and the court swer, or by sight of writings, plain matter tend ing to discharge the debt in equity: but if an not informed of the last material order formerly injunction be awarded and disobeyed, in that case made, no benefit shall be taken by such order, as no money shall be brought in, or deposited, in granted by abuse and surreption ; and to that end the registers ought duly to mention the former regard of the contempt.
26 Injunctions for possession are not to be granted before a decree, but where the possession hath continued by the space of three years, before
exhibited, and upon the same title ; and not upon any title by lease, or otherwise deter mined.
order in the later.

37.
No
order shall be explained upon any pri
the
bill
vate petition but in court as they are made, and the register is to set down the orders as they were
27. In case where the defendant sits all the process of contempt, and cannot be found by the Serjeant at arms, or resists the serjeant, or makes rescue, a sequestration shall be granted of the land in question; and if the defendant render not
pronounced by the court, truly, at his peril, without troubling the lord chancellor, by any pri vate attending of him, to explain his meaning; and if any explanation be desired, it is to be done
by public motion, where the other party heard.
may
be
himself within the year, then an injunction for

the possession. 28. Injunctions
38. No draught of any order shall be delivered by the register to either party, without keeping a copy by him, to the end that if the order be not
against
felling
of
timber,
j
entered, nevertheless the court
ploughing up of ancient pastures, or for the maintaining of enclosures, or the like, shall be granted according to the circumstances of the case; but not in case where the defendant upon his answer claimeth an estate of inheritance, exc pt it be where he claimeth the land in trust,
or
what was formerly done, and not put
may be informed to new
trouble and hearing; and to the end also that knowledge of orders be not kept back too long
1
from either party, but

office.
may
at the presently appear
upon some other special ground.

29.
sequestration shall be granted but of lands, leases, or goods in question, and not of
No
39. Where a cause hath been debated upon hearing of both parties, and opinion hath been delivered by the court, and, nevertheless, the cause referred to treaty, the registers are not to omit the
!
any other lands or goods, not contained in the

suits.
30. Where a decree is made for rent to be paid out of land, or a sum of money to be levied out VOL. II. 61
opinion of the court, in drawing of the order of reference, except the court doth especially declare that it be entered without any opinion either way ;
in
which case, nevertheless, the

"JS
registers are out
482
of
tiioir
ORDINANCES
short note to
IN
I
CHANCERY.
draw up some more
full re-
inrinbrance of that that passed in court, to inform the court if the cause come back and cannot be
agreed, 40. The registers, upon sending of their draught unto the counsel of the parties, are not to respect
the
interlineations,
cial hearing,
special certificate, the cause is to go on to a judi without respect had to the same.
50. Matters of account, unless
it
be in very
weighty causes, are not fit for the court, but to be prepared by reference, with this difference, never
counsel, be the said counsel never so great, farther, than to put them in remembrance of that which
theless, that the cause comes first to a hearing; and upon the entrance into a hearing, they may receive some direction, and be turned over to have the accounts considered, except both parties, bawas truly delivered in court, and so to conceive fqre a hearing, do consent to a reference of the the order, upon their oath and duty, without any examination of the accounts, to make it more or
alterations,
of
the
said
farther respect. 41. The registers are to be careful in the pen ning and drawing up of decrees, and special mat
ters of difficulty
ready for a hearing. 51. The like course to be taken for the exami
nation of court rolls, upon customs and copies, which shall not be referred to any one master, but
to
and weight; and, therefore, when
they present the
ought
to
same to the lord chancellor, they give him understanding which are such
two masters
52.
at the least.
No reference to be made of the insufficiency
decrees of weight, that they
may
be read and re
viewed before his lordship sign them.

42. The decrees granted at the rolls are to be presented to his lordship, with the orders where upon they are drawn, within two or three days
after every term.
of an answer, without showing of some particular point of the defect, and not upon surmise of the
insufficiency in general. r 53. here a trust is confessed
by the defend
43. Injunctions for possession, or for stay of

suits after verdict, are to be presented to his lord
ant s answer, there needeth no farther hearing of the cause, but a reference presently to be made upon the account, and so to go on to a hearing of the accounts.
54. In all suits where it shall appear, upon the hearing of the cause, that the plaintiff had not
ship, together with the orders whereupon they go forth, that his lordship may take consideration of the order before he sign them.
order upon the special nature of the case shall be made against any of these
44.
Where any
probabilem causam litigandi," he shall pay unto the defendant his utmost costs, to be assess
"
ed by the court.
shall be found of
general rules, there the register shall plainly and expressly set down the particulars, reasons, and
55. If any bill, answer, replication, or rejoinder an immoderate length, both the
grounds, moving
ral use.
the court to vary from the gene
party and the counsel under

shall be fined.
whose hand
it
passeth
upon a demurrer, or question touching the jurisdiction of the court, shall be made to the masters of the chancery ; but such
45.
No
reference
56. If there be contained in any bill, answer, or other pleadings, or any interrogatory, any matter
or slanderous against any that is not to party to the suit, or against such as are parties the suit, upon matters impertinent, or in deroga of his majesty s tion of the settled authorities of any
libellous
demurrers shall be heard and ruled in court, or by

the lord chancellor himself.
46.
No
order shall be
made
for the
confirming
or ratifying of any report without day first given, by the space of a sevennight at the least, to speak
to
it
court
in court.
47.
No
reference shall be
made
to
any masters
such bills, arfswers, pleadings, or interro ; gatories shall be taken off the file and suppressed, and the parties severally punished by commitment or ignominy, as shall be thought fit, for the abuse
of the court, or any other commissioners to hear and determine, where the cause is gone so far as to examination of witnesses, except itbe in special
have set
of the court; and the counsellors at law, who their hands, shall likewise receive reproof
causes of parties near in blood, or of extreme poverty, or by consent and general reference of the
estate of the cause, except it be by consent of the parties to be sparingly granted. 48. No report shall be respected in court, which exoeedeth the -warrant of the order of re-
or punishment, if cause be. 57. Demurrers and pleas which tend to dis charge the suit shall he heard first upon every day
of orders, that the subject may know whether he shall need farther attendance or no.
properly upon matter defect and no foreign matter; but a plea is of foreign matter to disor stay the suit, as that the cause hath been
58.
demurrer
is
ive, contained in the bill itself,
certify the state of
of the court ire required not to any cause, as if they would of the evidence on both sides, make breviate which doth little ease the court, but with some opinion ; or, otherwise, in case they think it too
49.
The masters
charge is outlawformerly dismissed, or that the plaintiff ed, or excommunicated ; or there is another bill
:
doubtful to
depending for the same cause, or the like and such plea may be put in without oath, in case such where the matter of the plea appear upon record ; give opinion, and therefore make
ORDINANCES
but
if it
IN
II
ANCKK V.
483
he any tiling
tliat iluth
record,
tin-
59.
No
plea must be upon pica of outlawry shall be allowed with;"
not appear oath.
upon
the commissioners, or else in divers rolls, where of each one shall be so subscribed.
69. If lioih parlies join in commission, and upon warning given the defendant l.riu^ his com-
out pleading tin- record "MI!) pede sijrilli nor plea of excommunication) without the seal of the
ordinary.
tin.
missioners, hut product th no \\itnesscs, nor ministereth interrogatories, but after seek a new
but, commission, the same shall not be granted nevertheless, upon some extraordinary excuse of the defendant s default, he may have liberty granted by special order to examine his witnesses
:
Where any
tin-
suit appeareth
upon the
hill to
be of
,ni>M
d ace.
is
matter
01.
natures which are regularly to be disading to the fifteenth ordinance, such to beset forth by way of demurrer.
shall he certified insuffi
Where an answer
defendant
is to
cient, the
pay costs: and
if a
second
answer he returned
insullicient, in the points before
upon the former interrogatories, giving the plaintilT or his attorney notice, that he may examine also if he will.
in court
70. The defendant is not to be examined upon upon the fourth quadru interrogatories, except it be in very special cases, ple costs, and then to be committed also until he by express order of the court, to sift out some hath made a perfect answer, and to be examined fraud or practice pregnantly appearing to the
certified insullicient, then
double costs, and upon
the third treble costs, and
upon interrogatories touching the points defective in his answer; but if any answer be certified sufficient, the plaintiff is to pay costs.
62.
court, or otherwise
upon offer of the plaintiff to be concluded by the answer of the defendant without to disprove such answer, or to impeach any liberty
No
insufficient
answer can be taken hold

in,
him
of after replication put

sufficient
because
it
is
admitted
after a perjury. 71. Decrees in other courts
may be
read
upon
by the replication. 63. An answer to a matter charged as the de fendant s own fact must be direct, without saying it is to his remembrance, or as he believeth, if it be laid down within seven years before; and if the defendant deny the fact, he must traverse it directly, and not by way of negative pregnant; as if a fact be laid to be done with divers circum
stances, the defendant may not traverse it literally as it is laid in the bill, but must traverse the point
hearing without the warrant of any special order: but no depositions taken in any other court are to be read but by special order ; and regularly the
court granteth no order for reading of depositions, except it be between the same parties, and upon
he be charged with the receipt of one hundred pounds, he must traverse that he
of substance: so
if
hath not received a hundred pounds, or any part thereof; and if he have received part, he must set
forth
what
part.
64. If
a hearing be
prayed
upon
bill
and
answer, the answer must be admitted to be true in all points, and a decree ought not to be made,
but upon hearing the answer read in court. 65. Where no counsel appears for the defendant
at the hearing,
and cause of suit. examination is to be had of the credit of any witness but by special order, which is sparingly to be granted. in per73. Witnesses shall not be examined petuam rei memoriam," except it be upon the ground of a bill first put in, and answer thereunto made, and the defendant or his attorney made ac quainted with the names of the witnesses that the plaintiff would have examined, and so publication to be of such witnesses with this restraint, never theless, that no benefit shall be taken of the depo sitions of such witnesses, in case they may be
the
title
same
72.
No
"
and the process appears to have been served, the answer of such defendant is to be read in court. 66. No new matter is to be contained in any
be to avoid matter set forth replication, except in the defendant s answer.
it
brought "viva voce" upon the trial, but only to be used in case of death before the trial, or age, or impotency, or absence eut of the realm at the
trial.
witnesses shall be examined after pub it be by consent, or by special informandam conscientiam judicis," order, and then to be brought close sealed up to the
74.
lication,
No
except
"ad
67
4.11
copies in chancery shall contain fifteen
lines in every sheet thereof, written orderly and unwastefully, unto which shall he subscribed the
court to peruse or publish, as think good.

75.
the court shall
No
affidavit shall
name
of the principal clerk of the office where it is written, or his deputy, for whom he will
any master of the chancery, tending
answer, foi which only subscription no fee at all shall be taken. 68. All commissions for examination of wit
nesses shall be
"
or disproof of the title, touching the merits of the cause; neither shall any such matter be colourably inserted in any
be taken or admitted by to the proof or matter in question, or
affidavit for serving of process. No affidavit shall he taken against affidavit, only, and no return of depositions into the court shall he as far as the masters of the chancery can have received, but such only as shall be either com knowledge; and if any such be taken, the latter promised in one roll, subscribed with the name of affidavit shall not be used nor read in court.
super
interr.
inclusis"
7C>.
484
ORDINANCES IN CHANCERY.
[
77- In case of contempts grounded upon force or ill words, upon serving of process, or upon
out warrant under the lord chancellor s hand, and signed by him, save such writs "ad quod dampnum,"
words of scandal of the
court, proved by affidavit, the party is forthwith to stand committed ; Init, for other contempts against the orders or decrees
as shall be signed by Master Attorney.
an
of the court, an attachment goes forth : first, upon affidavit made, and then the party is to be
86. Writs of privilege are to be reduced to a better rule, both for the number of persons that shall be privileged, and for the case of the privi
examined upon
tion referred
;
and
interrogatories, and his examina if, upon his examination, he

is to
lege: and as for the number, it shall be set down by schedule : for the case, it is to be understood,
that besides persons privileged as attendants upon the court, suitors and witnesses are only to have
"
confess matter of contempt, he

if not, the
be committed
adverse party may examine witnesses to prove the contempt: and, therefore, if the con tempt appear, the party is to be committed ; but,
if not, or if
fail
privilege
their necessary attendance,
eundo, redeundo, et morando," for and not otherwise ;
the party that pursues the contempt do in putting in interrogatories, or other prosec
and that such writ of privilege dischargeth only an arrest upon the first process, but yet, where at such times of necessary attendance the party is
I
tion, or fail in the proof of the
taken in execution, it is a contempt to the court, and accordingly to be punished. 87. No "supplicavit" for the good behaviour charged with good costs. 78. They that are in contempt, specially so far shall be granted, but upon articles grounded upon as proclamation of rebellion, are not to be heard, the oath of two at the least, or certificate upon any neither in that suit, nor any other, except the court one justice of assize, or two justices of the peace, with affidavit that it is their hands, or by order of of special grace suspend the contempt.
party charged with the contempt,
contempt, then the is to be dis
79. Imprisonment upon contempt for matters may be discharged of grace, after sufficient punishment, or otherwise dispensed with: but,
the Star
Chamber,
or chancery, or other of the
past
if
king
88.
s courts.
the imprisonment be for not performance of any order of the court in force, they ought not to be
discharged except they first obey, but the con tempt may he suspended for a time.
Injunctions, sequestration, dismissions, retainers upon dismissions, or final orders, are not
to be granted
recognisance of the good behaviour, or the peace, taken in the country, and certified into the petty bag, shall be filed in the year without warrant from the lord chancellor.
No
80.
upon
petitions.
ne exeat regnum" are properly be granted according to the suggestion of the writ, in respect of attempts prejudicial to the king and state, in which case the lord chancellor \vill
"
89. Writs of
to
in court is to be grant them upon prayer of any of the principal upon any petition; secretaries without cause showing, or upon such but such orders may be stayed upon petition fora information as his lordship shall think of weight:
81.
No
former order
made
altered, crossed, or explained
small stay, until the matter

court.
may
be moved in but otherwise also they may be granted, according to the practice of long time used, in case of inter
lopers in trade, great bankrupts, in whose estate many subjects are interested, or other cases that
82.
No
commission
for
examination of wit
nesses shall be discharged; nor no examinations or depositions shall be suppressed upon petition,
except
referred to the clerks,
concern multitudes of the king s subjects, also in cases of duels, and divers others. 90. All writs, certificates, and whatsoever other ret. coram Rege in Cane." shall be 83. No demurrer shall be overruled upon pe process tition. brought into the chapel of the rolls, within con scire facias" shall be awarded upon venient time after the return thereof, and shall be 84. No recognisances not enrolled, nor upon recognisances there filed upon their proper files and bundles as enrolled, unless it be upon examination of the re they ought to be; except the depositions of wit
it
be upon point of course of the court
first
and
certificate thereupon.
"
"
cord with the writ; nor no recognisance shall be enrolled after the year, except it be upon special
order from the lord chancellor. ne exea regnum," prohibition, 85. No writ of consultation, statute of Northampton, certiorari"
"
"
nesses, which may remain with any of the six clerks by the space of one year next after the cause shall be determined by decree, or otherwise
be dismissed.
transcript filed, to the
special, or
"
t>r
"
procedendo" special,
or
"
certiorari"
91. All injunctions shall he enrolled, or the end that, if occasion he, the
procedendo"
general,
more than once

or
in the c
court
may
Mame cause;
"
"habeas
corpus,"
"corpus
facias"
scire take order to award writs of thereupon, as in ancient time hath been
"
causa, vi laica removend," or restitution therede coronatore et viridario eligendo," in upon,
used.
92. All days given by the court to sheriffs to return their writs, or bring in their prisoners upon writs of privilege, or otherwise between party and
shall he filed, either in the register s office,
;
case of a moving
special
patent,
or
"
de homine repleg.
hallivo
fact,
assiz."
,
or
"de
amovend
certiorari
Nuper praesentationibus
coram commissariis party,

pass with-
sewar
"ad
,"
quod
dampnum," shall
or in the petty-bag respectively
and
all
recogui-
EXPOSTULATION TO LORD COKE.

Khali
lh.tin- kind s ur unto the court, duly enrolled in convenient time, with clerks of il iinilliiiriit, ami calendars made
t
485
iken to
u>e,
he.
the commissioners himself, to the end they may bo persons of convenient quality, having regard to
the weight of the cause, and court from whence tin- appeal
.
tinis.
dignity of
tliu
of them, ami
the calendars
every
.Micliat-linas
term to be presented to the lord chancellor. 93* In case of suits upon the commissions for
charit-.iMe uses, to avoid charge, tin-re shall need no hill, hut omy exceptions to the decree, and an
-.
Any man
pauperis,"
shall be admitted to defend
"
in
forma
upon oath, but
for plaintitls they
swer forthwith to he made thereunto; and there upon, and upon sight of the inquisition, and the
decree brought unto the lord chancellor by the clerk of the petty-bag, his lordship, upon perusal thereof, will give order under his hand for an ab
are ordinarily to be referred to the court of rquests, or to the provincial councils, if the case arise in those jurisdictions, or to some gentlemen
in the country, except
it
of commiseration,
party.
or
be in some special cases potency of the adverse
99. Licenses to collect for losses by fire or water are not to be granted, but upon good certifi solute decree to be drawn up. 91. Upon suit for ^he commission of sewers, cate ; and not for decays of suretyship or debt, or the names of those that are desired to be commis any other casualties whatsoever; and they are sioners are to be presented to the lord chancellor rarely to be renewed ; and they are to be directed
in writing; then his lordship will send the
names ever unto the county where the
loss did arise, if
it were by fire, and the counties that abut upon it, privy counsellor, lieutenant of the shire or justices of assize, being resident in the parts as the case shall require ; and if it were by sea, for which the commission is prayed, to consider then unto the county where the port is, from
of
some
of them, that they be not put in for private re whence the ship went, and to some sea-counties spects ; and upon the return of such opinion, his adjoining. 100. No exemplification shall be made of letters lordship will give farther order for the commission
to pass.
"
patents,
inter
alia,"
with omission of the general

;
95.
No new commission
of sewers
shall be
it
granted while the first is in force, except upon discovery of abuse or fault in the first
missioners,
made void or cancelled be nor of the decrees of this court not enrolled ; nor com of depositions by parcel and fractions, omitting
words
;
nor of records
or otherwise upon some great or the residue of the depositions in court, to which the hand of the examiner is not subscribed; nor weighty ground. No commission of bankrupt shall be granted of records of the court not being enrolled or filed ;
9C>.
but upon petition first exhibited to the lord chancel lor, together with names presented, of which his
lordship will take consideration, and always mingle some learned in the law with the rest; yet so as care be taken that the same parties be not too
often used in commissions; and likewise care is to be taken that bond with good surety be entered
nor of records of any other court, before the
same
be duly certified to this court, and orderly filed here; nor of any records upon the sight and ex amination of any copy in paper, but upon sight
and examination of the original. 101. And because time and experience may discover some of these rules to be inconvenient, and some other to be fit to be added ; therefore into, in 200/. at least, to prove him a bankrupt. 97. No commission of delegates in any cause his lordship intendeth in any such case from time of weight shall be awarded, but upon petition to time to publish any such revocations or addi
preferred to the lord chancellor,
who
will
name
tions.
AN EXPOSTULATION
LORD CHIEF JUSTICE COKE.

MY
VERY GOOD LORD,
it
silence."
;
There
is
a time
when
the words of
<
Though
"
be true, that
ill
he
who
considereth
nor
reap;"
poor simple
in
man may
profit;
and that poor
man
the wind and the rain, sh

yet,
neither
s\v
"The Preacher,"
there
is
"thtire
is a season for every action," and so a time to speak, and a time to keep
his
the
which wisdom, found that without this opportunity owner both of wisdom and eloquence lose bu
delivered the city by
J |
-J
486
their labour,
EXPOSTULATION TO LORD COKE.

and cannot charm the deaf adder.
therefore,
before his Son that bringeth mercy, sent his servant, the trumpeter of repent to level every high hill, to ance, prepare the way before him, making it smooth and straight: and
God,
while you speak in your own element, the law, no man ordinarily (-(jimls you; but win n y wander, as you often delight to do, you wamlrf indeed, and give never such satisfaction as the curious time requires. This is not caused by any
ii
as
it
is
comes before
in spiritual things, where Christ never his waymaker hath laid even the
natural effect, but
first for
want of
election,
when
heart with sorrow and repentance, since self-con

ceited and proud persons think themselves too good and too wise to learn of their inferiors, and therefore need not the physician, so, in the rules
you, having a large and fruitful mind, should not so much labour what to speak, as to find what to leave unspoken: rich soils are often to be weeded.
Secondly,
or short.
You
cloy your auditory

;
when you
would be observed
speech must be either sweet
of earthly wisdom,
not possible for nature to attain any mediocrity of perfection, before she be humbled by knowing herself and her own igno
it is
rance.
gift,
Not only knowledge, but

up
also every other
which we
to puff
call the gifts of fortune, have power earth : afflictions only level these mole
hills of pride, plough the heart, and make it fit for wisdom to sow her seed, and for grace to bring
forth her increase.
Happy
is
that
man,
therefore,
both in regard of heavenly and earthly wisdom, that is thus wounded to be cured, thus broken to
be
own
that
straight ; thus made acquainted with his imperfections, that he may be perfected. Supposing this to be the time of your affliction,
made
which
have propounded
to
myself
is,
by
taking this seasonable advantage, like a true friend, though far unworthy to be counted so, to
show you your

in a false
one
true shape in a glass; and that not to flatter you, nor yet in one that
Thirdly, You converse with books, not men, and books especially human; and have no ex cellent choice with men, wfco are the best hooks: fora man of action and employment you seldom converse with, and then but with your underlings; not freely, but as a schoolmaster with his scholars, ever to teach, never to learn but if sometimes you would in your familiar discourse hear others, and make election of such as know what they speak, you should know many of these tales you tell to be but ordinary ; and many other things, which you delight to repeat and serve in for novel As in your pleadings you ties, to be but stale. were wont to insult over misery, and to inveigh bitterly at the persons, which bred you many ene mies, whose poison yet swelleth, and the effects now appear, so are you still wont to be a little
:
careless in this point, to praise or disgrace
upon
;
make you seem worse than you are, and slight grounds, and that sometimes untruly so offend you but in one made by the reflection that your reproofs or commendations are for of your own words and actions from whose light most part neglected and contemned when
should
;
;
so
the
the
proceeds the voice of the people, which is often not unfitly called the voice of God. But, therein, since I have purposed a truth, I must entreat liberty to be plain, a liberty that at this time I
censure of a judge, coming slow but sure, should be a brand to the guilty, and a crown to the virtu
ous.
You
will jest at
any man
in public, with
know
not whether or no
may
use safely,
:
am
out respect of the person s dignity or your own : this disgraceth your gravity, more than it can ad
vance the opinion of your wit; and so do all ac tions which we see you do directly with a touch knowing the of vainglory, having no respect to the true end. general opinion, may not altogether neglect or You make the law to lean too much to your contemn it, but mend what you find amiss in your- opinion, whereby you show yourself to be a legal belf, and retain what your judgment shall approve tyrant, striking with that weapon where you for to this end shall truth be delivered as naked please, since you are able to turn the edge any as if yourself were to be anatomized by the hand way for thus the wise master of the law L ivrs of opinion. All men can see their own profit, warning to young students, that they should be that part of the wallet hangs before. A true wary, lest, while they hope to be instructed by friend (whose worthy office I would perform, your integrity and knowledge, they should be since, I fear, both yourself and all great men want deceived with your skill armed with authority. such, being themselves true friends to few or none) Your too much love of the world is too much is first to show the other, and which is from your seen, when, having the living of a thousand, you relieve few or none the hand that has taken so eyes. In dis much, can it give so little? Herein you show no First, therefore, behold your errors. course you delight to speak too much, not to hear bowels of compassion, as if you thought all too
sure at other times I could not
solve yourself, it proceedeth from desire to do you good ; that you
yet, of this re love and a true
;
:
say, becomes a pleader, not little for yourself; or that God hath given you all sometimes your affections are that you have, if you think wealth to be his t, entansrled with a love of your own arguments, I mean that you get well, for I know sure the rest be the weaker; and rejecting of those, is not, only to that end you should still gather though they which, when your affections were settled, your more, and never be satisfied ; hut try how much own judgment would allow for strongest. Thus, you would gather, to account for all at the great
other
men
;
this,
some
judge
for
by
this
<jif
KXI
Hnd irenoral audit-da y.
this,
;inil
osTU. \TION TO
v<
I,
OKI) rn|\K.
s
de-ire
in
let
your
;
|MHir li-ii.uits
n to amend N lirt ulk timi
wealth
behalf; hoping
it
pror-eedi ih
nt
from a
sunn- comfort
where nothing of your

thrir relief,
estate is
your enemies disposition to oppo-e say, but to do justice, and deliver truth inditler1
pwtMWtM
pent towards
iliither, to the
but
all
brought up
impoverishing of your country. In your last, which mi^ht have he. n yur liest,
nt"
of persons; and in this we iitly without respect pray for your prosperity, and are x.rry that y. iir good actions should not always succeed happily.
servii piece that old rule,
e tn tin- state, ..tVerlimied
tu
follow
which
jjiveth justice
leaden heels
Hut in the carriage of this you were faulty; for you took it in hand in an evil time, both in respect
cone, rued, whereby you disunited your strength, the humour of Marcellus would have done hetter; and made a gap for the enemies to pass out at, what need you have sought more evidences than and to return and assault you. But now, since the case so standeth, we desire enough? while you pretended the finding out of
and iron hands, you used too many delays, till the hands were loosed, and yours hound: in that work you seemed another Faluns, where
delinquents
and
of the present business which was interrupted, in regard of his present sickness whom it
more, missing your aim, you discredited what This best judgments think; you had found. th"ui_;h you never used such speeches as are! fathered upon you, yet you might well have done for this crime was second to it, and but rightly none, but the powder-plot that would have blown all at one blow, a merciful cruelty ; this would up have done the same by degrees, a lingering but a
;
:
|
to give way to power, and so to fight that you be not utterly broken, but reserved entirely to serve the commonwealth again, and to do what
you
good you can, since you cannot do all the good you would and since you are fallen upon this rock, cast out the goods to save the bottom stop the leaks and make towards land ; learn of the
; ;
steward to
make
euro
all
one might by one be called out, opposers had been removed.
way
till
mon.
Those
in our
friends of the unrighteous Spaniards in Mexico who

tell
mam
were
chased of the Indians,
us what to do with our

as cast
Besides, that other plot
was scandalous to Rome, goods

gold
extremity; they being to pass over
making Popery odious

world
;
been the whole gospel; and since the

this hath
in the sight of the whole scandalous to the truth of
a river in their flight, as
many
away
their
this instant,
first nullity to when justice hath her hands bound, the devil could not have invented a more mis
over safe; but some more covetous, keeping their gold, were either drowned with it, or overtaken and slain by the savages you have
:
swam
received,
bites
now
learn to give.
chievous practice hath been, is, and
to
our state and church than this
us this lesson,
The who being hunted
beaver learns
for his stones,
is like to be.
God
avert the evil.
them
estate,
off:
you cannot but have much of

ill
But herein you committed another fault: that aa you were too open in your proceedings, and so taught them thereby to defend themselves so you gave them time to undermine justice, and to work
;
your
how much
count
it
my plainness, of that you never spake

pardon
got; think
by speaking unjustly
laid out for
or in unjust causes.
upon all advantages, both of affections, and honour, and opportunity, and breach of friendship ; which they have so well followed, sparing neither pains nor costs, that it almost seemeth a higher offence in you to have done so much indeed, than that you have done no more you stop the confessions and accusations of some, who, perhaps, had they been Buffered, would have spoken enough to, have removed some stumbling blocks out of your way; and that you did not this in the favour of anyone, but of I know not what present unadvised hu mour-, supposing enough behind to discover all ;
:
then a blessing of God, if your good, and not left for your heir, to hasten the wasting of much of the rest, per haps of all for so we see God oftentimes pro
;
i
how much Ac thus it may he

for,
ceeds in judgment with
many
hasty gatherers:
you have enough to spare, being well laid, to turn the tide, and fetch all things again. But if you since you escape, I suppose it worthy of an know the old use, that none called in question must go away uncensured ; yet consider that accu sations make wounds, and leave scars ; and though you see the toil behind your hack, yourself free, and the covert before, yet remember there are
"If,"
which
saith in another case,

;"
Howsoever, as the apostle you "went not rightly to, the truth and, therefore, though you were to be commended for what you did, yet you were to be-!
fell
not out so.
stands; trust not a reconciled enemy; but think the peace is but to secure you for farther advan
tage, or expect a second and a third encounter; the main battle, the winrs are yet unbroken, they may charge yon at an instant, or death before
;
reprehended for many circumstances in the doing; and doubtless God hath an eye in tins cross to them walk therefore circumspectly, and if at your negligence, and the briers are left to be pricks length, by moans of our endeavours and yours, in j .-sides and thorns in your eyes. But that yon recover the favour that you have l.-t Lr ivo which we commend you for, are those excellent God the glory in action, not in words oi.lv ; and parts in nature, and knowledge in the law, which remember us \\ith sense of your past inisf. rtune,
;
you are endowed withal ; but these are only good whose estate bath, and may hereafter lie in the in their good use. Wherefore wo thank you power of your breath. There is a gre.it mercy in despatch; delays arw he.irtily for standing stoutly in the common
438
tortures,
TRACTS KELATiXG TO COMMENDAMS.

; <nve
wherewith by degrees we arc rent nut of friends to declare themselves our enpmi< s thmiirh heart then to the most cowardly our estates;* do not you, if you restored, as nlie strike some others do, fly from the service of virtue to us; though an hour s continuance countervails an serve the time, as if they repented their goodness, age of prosperity ; though she cast in our dish
l>r
t<>
or meant not to make a second hazard in God s all that ever we have done; yet. hath she no power house ; but rather let this cross make you zealous to hurt the humble and wise, but only to break such as too much prosperity hath made still in in God s cause, sensible in ours, and more sensi ble in all which express thus. You have been their own thoughts, hut weak indeed; and fitted if you love God, he so for renewing: when the wise rather a great enemy to Papists ; gather from thence profit and wisdom; by the example of still, but more indeed than heretofore; for much Before I was chastised 1 went of your zeal was heretofore wasted in words call David, who said, to remembrance that they were the persons that astray." Now, then, he that knoweth the right Cardan prophesied of that cross of yours long before it way, will look better to his footing. happened; they saw the storm coming, being the saith, that weeping, fasting, and sighing, are tlto principal contrivers and furtherers of the plot, the chief purges of grief; indeed naturally they do men that blew the coals, heat the iron, and made assuage sorrow but God in this case is the only and best physician; the means he hath ordained all things ready; they owe you a good turn, and
;
"
you ; you see their hearts they can, pay by their deeds, prove then your faith so to : the best good work you can do, is to do the best you
will, if
it
can against them, that is, to see the law severely, justly, and diligently executed. And now we beseech you, my lord, be sensible both of the stroke and hand that striketh ; learn of David to leave Shimei, and call upon God ; he hath some great work to do, and he prepareth you for it; he would neither have you faint, nor yet bear this cross with a stoical resolution ; there is a Christian mediocrity worthy of your greatness. I must be plain, perhaps rash; had some notes which you had taken at sermons been written in your heart to practise, this work had been done long ago, without the envy of your enemies; but
are the advice of friends, the amendment of our for amendment is both physician and cure. selves For friends, although your lordship be scant, yet I hope you are not altogether destitute ; if you be,
:
do but look upon good books they are true

:
friends,
that will neither flatter nor dissemble: be
you but
comfort nor counsel.

I
true to yourself, applying that which they teach unto the party grieved, and you shall need no other To them, and to God s Holy Spirit, directing you in the reading of them.
commend your lordship; beseeching him to send you a good issue out of these troubles, and from henceforth to work a reformation in all that is
amiss, and aresolute perseverance, proceed ing, and
all that is good ; and that for his glory, the bettering of yourself, this church, and common whose faithful servant whilst you remain, wealth ;
growth, in
when we
belong
to
will not
mind ourselves, God,
if
we
him, takes us in hand ; and because he we have unbridled stomachs, therefore he sends outward crosses, which, while they cause us to mourn, do comfort us, being assured testi monies of his love that sends them. To humble
seeth that
ourselves, therefore, before God, is the part of a Christian; but for the world and our enemies the
remain a faithful servant
to you,
FR. BACON.
TO THE KING, ABOUT THE COMMENDAMS.
MAY
I
IT PLEASE
YOUR MOST EXCELLENT M.AJESTY.
counsel of the poet

"
is apt,
ito."
Tu ne
cede malis, sed contra audentior
not swift to deliver any thing to your majesty before it be well weighed. But now that I have informed myself of as much as is necessary
am
The
none
last part of this counsel you forget, yet need be ashamed to make use of it, that so
being armed against casualties, you may stand firm against the assaults on the right hand, and For this is certain, the mind that is on the left.
touching this proceeding of the judges to the argu ment of the commendams, notwithstanding your majesty s pleasure signified by me, upon your majesty s commandment in presence of my lord chancellor and the Bishop of Winchester, to
it
;
most prone
weak and
to be puffed up with prosperity, apt to be dejected with the least
is
puff"
most the contrary, I do think of majesty what hath passed

i
fit
to advertise
your
I
the rather, because
make suppose the judges, since they performed not your adversity. strong enough an able man stagger, striking terrible blows; but commandment, have at least given your majesty true Christian wisdom gives us armour of proof their reasons of failing therein; I being to answer
Indeed she
is
to
against all assaults, and teacheth us in all estates to be content: for though she cause our truest
* My Lord B;icon observes elsewhere, that the Scripture Milh, th.-re he that turn judgment into wormwood ; and, saith "also that turn it into vinegar; fur injus
tice
for the doing your majesty they for the not doing.
I
commandments, and
did conceive, that in a cause that concerned
he. surely there be
maketh
Vol.
i.
it
hitter,
and delays make
it
sour."
ESSAY
LVI.
p. 58.
your majesty and your royal power, the judges the having heard your attorney-general Saturday before, would of themselves have t;iker farther time to be advised
ar<rue
THU
And,
reivid
if
I
TS
Ui:i,ATI.\<;
TO
to
<
>M
M K\
>A
MS.
4gy
fail
not in
memory, my
s
Lord
1
<
"ke
re-
the judges, as for the secretary to signify the

to the privy-council;
from your majesty
self, as
take
it,
same
been.
and so
it
hath ever
Hilary term, that both in the rege inconsiilto," and in the commendams your attorney should he heard to speak, ami thru stay to he made of farther proceedings,
preei d. nt
in
"
oinmandment
These things were a little strange, if there came many of them together, as tin- one maketh the other seem less strange: but your majesty lord had spoken with your majesty. till my hath fair occasions to remedy all with small aid Nevertheless, hearing that the day appointed I say no more for the present. for the judges argument held, contrary to my ex I was a little plain with my Lord COKC in these pectation, 1 sent on Thursday, in the evening, matters; and when his answer was, that he knew
not so
;
having received your majesty s commandment but the day before in the afternoon, a letter to my
all
these things,
in
much
knowing himself and
said he could never profit too his duty. God
Lord Coke; whereby I let him know, that upon preserve your majesty. some report of my Lord of Winchester, who, by your commandment, was present at my argument of that which passed, it was your majesty s ex
WITH SIR FR. BACON S OWN HAND, 1616. which your majesty thought to have done at your IT seemeth this year of the fourteenth of his being now last in town; but by reason of your s a of a kind of majority my ai many and weighty occasions, your princely times majesty reign, being year would n serve and that it was your pleasure he in his government, is consecrated to justice:* juld not should signify so much to the rest of the judges, which, as his majesty hath performed to his sub whereof his lordship might not fail. His answer jects in this late memorable occasion, so he is now to render and perform to himself, his crown, and by word to my man was, that it were good the posterity. rest of the judges understood so much from myself That his council shall perceive by that which whereupon, I, that cannot skill of scruples in mat his majesty shall now communicate with them, ter of service, did write, on Friday, three several that the mass of his business is continually pre letters of like content, to the judges of the com mon pleas, and the barons of the exchequer, and pared in his own royal care and cogitations, how soever he produceth the same to light, and to act the other three judges of the king s bench, men
;
:
press pleasure, that no farther proceedings should he, until you had conferred with your judges:
A MEMORIAL FOR HIS MAJESTY, CORRECTED
tioning in that last chief justice.
my
particular letter to
my lord
sure
in
; the one con his high court of chancery, the other con your majesty s great cause, fol cerning lowed by my Lord Hunsden, I writ two other cerning the church and prelacy; but both of them letters to both the chief justices, to put them in deeply touching his prerogative and sovereignty, mind of assisting my lord chancellor at the hear and the flowers of his crown. That about the end of Hilary term last, there And when lord chancellor himself took
This was all I did, and thought all had been insomuch as, the same day being appointed eth not they have heard by glimpses ;
chancery
for
dierum." f his majesty shall make unto them now a declarative of two great causes, whereof hedoubt-
per opera
That
ing.
my
some
notice
upon
that occasion, openly in the
came
and
to his
chancery, that the
commendams
could not hold
report, not
majesty s ears, only by common voice without great rumour and wonder,
in
presently after, I heard the judges were gone about the commendams ; which I thought at first
that there
was somewhat done

last
the
King
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
day of that term, whereby his chancery should be pulled down, and be brought in question for "prsemunire;" being the most
heinous offence after treason, and felony, and misprision of treason ; and that the time should be
Bench the
the credence thereof; both which, your majesty will maintain.
assure myself,
when
That
the chancellor lay at the point of death. his majesty was so far from hearing of this
several ages are assigned to persons for
For
ground,
if
"
they should stand upon the general Nulli negahimus, nulli differemus jusreceive,,,
titiatn,"
it
two answers.
reasonable and mature advice founded with delay; and that they can well The other is, that allege when it pleaseth them.
The one, that may not be Con-
^SKi^t^SSÂ S^
tion
.
By the lawg,
thai time a
:
man may
<1t-nt
mamai;,.
the heir in soeage
agree or disagree to a pr.,may rcjwt in, euur.li,!,

1
11
âTêshan brou
,
of
w^rd^V
^f""**^
between a case merely between subject and subject, and where the king s interest is in question directly or by consequence. As for the attorney s place and commission, it is as proper for him to signify the king s pleasure VOL. II. 153
there is a great difference
to the gmdation. Aimifhiy J di,",,!," alluding in c.od was pleased to observe in th.- r.-atme f th,- \v,,r .i. what h- eithi paragraph, Sir Francis Barnn
<
^Voâ
nsof
it
b>
i^-iim:.t,-s
[^"o
di irii-iiiu
o ripen
degrees.
490
TRACTS RELATING TO COMMENDAMS.

are fled,
hy any complaint from his chancellor, who then some of them

had given over worldly thoughts, that
letters of
lie
and others stand out and
wrote
will not answer.
comfort to him upon this accident, before he heard from him ; and for his attorney, his
majesty challenged him for not advertising him of that, of which it was proper for his majesty to oe informed from him.
That there resteth only one part more towards his majesty s complete information in this cause : which is to examine that which was done in open
court the said last day of Hilary term, and whether the judges of king s bench did commit any excess
of a court to keep order and decorum, his m;:je>ty and disgrace offered to his chancery and chancel thinketh not so convenient to use his learned counsel therein, but will commit the same to some lor, he would first inform himself whether the chancery or chancellor were in fault; and whether of the council-table and his learned counsel to at the former precedents of chancery did warrant the tend them. This declared, or what else his majesty in his proceedings there after judgment passed at com mon law, which was the thing in question, and own high wisdom shall think good ; it will be fit his majesty called his learned counsel time to have the certificate of the learned counsel thereupon to him, and commanded them to examine the pre openly read. cedents of chancery, and to certify what they His majesty may, if he please, forbear to publish found which they did; and by their certificate it at this time at the table the committees ; but signify appeareth, that the precedents of that kind were his pleasure to themselves afterwards. The committees named by his majesty, were many and precise in the point, and constant, and in good times, and allowed many times by the the Archbishop of Canterbury, Secretary Lake, the chancellor of the exchequer, and the master of the judges themselves. That after this his majesty received from the rolls. lord chancellor a case, whereby the question was This report is to be prefixed, to be given in by clearly set down and contained within the proper Wednesday at night, that his majesty may com bounds of the present doubt; being, Whether municate it with his council, and take farthei upon apparent matter of equity, which the judges order on Thursday thereupon, if his majesty be of the law by their place and oath cannot meddle so pleased. with or relieve, if a judgment be once passed at At this declaration, it is his majesty s direction, common law, the subject shall perish, or that the to the end things may appear to be the more shall relieve him and whether there be evenly carried, that neither my lord chancellor chancery
: ;
That his majesty being sensible of this so great novelty and perturbation in his courts of justice, nevertheless used this method and moderation, that before he would examine this great affront
which inquiry, because
of authority ; or did animate the offenders other wise than according to their duty and place; it concerneth the judges
any
this
statute of
"
praemunire"
or other, to restrain
nor
my
lord chief justice be present.
But then, when his majesty entereth into the request of the lord chancellor, his majesty likewise second declarative, my lord chancellor is to be referred to his learned counsel, and the prince s called for but my lord chief justice not; because attorney, Mr. Walter, was joined with them, who it concerneth him. For the second declarative that his majesty upon great advice and view of the original records hath reason to be offended and grieved, in that themselves, certified the chancery was not re strained by any statute in that case. which passed touching the commendams, both in That his majesty again required his learned matter and manner: for the matter, that his counsel to call the clerks of the king s bench to majesty s religious care of the church and of the them, and to receive from them any precedents prelacy, and, namely, of his lords spiritual the of indictments in the king s bench against the bishops, may well appear, first, in that he h. h chancery for proceeding in the like case; who utterly expelled those sectaries or incon^rmaproduced only two precedents, being but indict ble persons that spurned at the government; se ments offered or found, upon which there was no condly, that by a statute made in the first year of his other proceeding; and the clerks said, they had reign, he hath preserved their livings from being used diligence and could find no more. wasted and dilapidated by long leases, and therein That his majesty, after he had received this bound himself and his crown and succession ; satisfaction that there was ground for that the and, two bishops privy coun lastly, that they see chancery had done, and that the chancery was sellors at the table, which hath not been of late not in fault, he thought then it was time to ques years. tion the misdemeanor and contempt in scandaliz That agreeably to this his majesty s care and ing and dishonouring his justice in that high court good affection, hearing that there was a case of of chancery in so odious a manner; and com the Bishop ot Lincoln s, wherein his majesty s manded his attorney-general, with the advice of supreme power of granting commendams, \\hich
power
in the chancellor,
which
case,
upon the
the rest of his learned counsel, to prosecute the offenders in the Star Chamber, which is done ; and
in
respect of the exility of bishoprics
is
some
times necessary, was questioned to be overthrown
TRACTS
or
in:i,ATI.NG
TO COMMENDAM8.
lar occasions, of a far
401
weakened; he commanded his attorney general, not only to have care to maintain it according to his place, hut also that he should relate to his
majesty
how
tiling passed; and did also
com
j
higher nature than the con sovereign about a cause of great moment, to put off days, and yet no breach of oath. And there was another fair passage
sulting with their
to my Lord Coke, that he might have had pleased him ; for that very day was appointed tW tin- kinj/ s great cause in the chan how far it extended. which cery, both for my Lord Ilobart and him This being accordingly done then upon report cause ought to have had precedence afore any of the Bishop of Winchester in presence of the private cause, as they would have this seem to be. lord chancellor, his majesty thought it necessary, To this letter his majesty made a most princely that before the judges proceeded to declare their and prudent answer, which I leave to itself. Upon this declaration his majesty will be opinion they should have conference with his majesty, to the end to settle some course, that pleased to have the judges letter and his own be done, and his regal power, letter read. justice might whereof his crown had been so long vested, not Then his majesty, for his part, as I conceive, touched nor diminished and thereupon com will be pleased to ask the advice of his council
mand the Bishop of Winchester to be present at the public argument of the case; and to report to his majesty the true state of that question, and
;
well
known
if it
used
his attorney, who by his place ought properly to signify his majesty s pleasure to his judges, as his secretary doth to his privy council,
manded
as well for the stay of the new day, which is Saturday next, as for the censure and reproof of the contempt passed : for though the judges are a
in the presence of the lord chancellor and the bishop, to signify his pleasure to the judges, that
reverend body, yet they are, as

corrigible.
all
subjects are,
because his majesty thought it needful to consult with them in that case before they proceeded to judgment; and that his majesty s business, as they all knew, was very great, and Midsummer term so near at hand, and the cause argued by his attorney so lately, they should put off the day till they might advise with his majesty at his next That his majesty s attorney coining to town. signified so much by his letters, the next day after he had received his commandment, to all the judges, and that in no imperious manner, but alleging the circumstances aforesaid, that the case was lately argued, his majesty s business great, another term at hand, etc.
TO SIR GEORGE VILLIERS.

SIR,
send his majesty a draught of the act of coun concerning the judges letter, penned as near as I could to his majesty s instructions received I then told his majesty my in your presence. memory was not able to keep way with his ; and,
I
cil
therefore, his majesty will pardon me for omissions or errors, and be pleased to supply
any and
reform the same.
am
preparing some other

:
Now
this,
materials for his majesty s excellent hand, con
followeth the manner that

his
which
first,
was held in cerning business that is coming on for, since his majesty conceiveth was not only majesty hath renewed my heart within me, methinks
I
indiscreet, but
presumptuous and contemptuous.
should double
my
endeavours.
God
For,
they disobeyed this his majesty s
commandment, and proceeded to public argument, notwithstanding the same ; and thought it enough
to certify only their
I rest ever preserve and prosper you. Your most devoted and bounden servant,
June
12, 1G1G.
FR. BACOIT
mind
to his
majesty.
Secondly, in a general letter under all their hands, howsoever it may be upon divided opinion, they allege unto his majesty their oath; and, that his majesty s commandment, for the attor ney s letter was but the case that it was wrapped
in,
TOUCHING THE COMMENDAMS.

*AT WHITEHALL THE SIXTH OF JUNE, ANNO, 1616.
Present the KING S MAJESTY. Lord Archbishop of Lord Wotton. * Lord Stanhope. Canterbury. Lord Fenton. Lord Chancellor. Mr. Vice-Chamberlain. Lord Treasurer. Mr. Secretary Winwood Lord Privy-Seal. Lord Chamberlain. Mr. Secretary Lake.
It is very clear, that this is the act of council referred to the prrcciliiic letter, and ilrawii up by Sir Frann* H.-i. .... which, being written in .1 fair ninnner, I acriilently bought, and h.ive conw tedMVtnJ errors therein. If any r.-m.im,
was against law
as if maturity and a delibe
rate proceeding were a delay, or that command ment of stay in respect of so high a question of state and prerogative, were like a commandment
gotten by importunity, or in favour of a suitor. Thirdly, above all, it is to be noted and justly
doubted, that, upon the contrary, in this that they have done, they have broken their oath ; for their oath is to counsel the king when they shall be
called; and
if,
when
the king calleth
them
to
in
counsel, they will do the deed first, and give him counsel after, this is more than a simple refusal.
Lastly,
it is
H>
In liev
the
re
rider will think there il..th
it
is
li,
no new
tiling
upon divers particu
no opportunity to peruse the council books.
Stcpkuu
492

Mr. Chancellor of
the Exchequer. the of Master
|
Duke
of Lenox. Lord Zouche. Bishop of Winton. Lord Knollys.
made;
of so high a nature,
| J
his majesty apprehending the matter to bu commanded his attoiney
Rolls.
general to signify his majesty s pleasure unto the lord chief justice ; That in regard of his majesty s
His majesty having
this
day given order
for
most weighty occasions, and for that his majesty held it necessary upon the Lord of Winton s
report, that his .majesty he first consulted with, before the judges proceed to argue it; therefore
meeting of the council, and that all the judges, being twelve in number, should be sent for to be and the judges present; when the lords were sat, ready attending, his majesty came himself in person to council, and opened to them the cause of that assembly ; which was That he had called them together concerning a question that had relation to no private person, but concerned God and the king, the power of his crown, and the state of this church, whereof he was protector; and that there was no fitter place to handle it than at the head of his council-table: that there had been a question pleaded and argued concern ing commendams ; the proceedings wherein had either been mis-reported or mis-handled ; for, his majesty a year since had received advertisements concerning the cause in two instances, by some
:
the day appointed for the judges argument should
be put off
!
till
they might speak with his majesty
and
this letter of his majesty s attorney was, by his majesty s commandment, openly read as folin hsec verba. loweth,
"
MY
,
LORD,
king s express pleasure, that because s time would not serve to have conferen ce with your lordship and his judges, touching the cause of commendams, at his last being
his
It is the
maj es tv
town ; in regard of his majesty s other most weighty occasions ; and for that his majesty holdeth it necessary, upon the report which my Lord of Winchester, who was present at the last arguin
with, ere there be any farther proceedings by arguments by any of the judges, or otherwise; therefore that the day appointed for the farther proceedings by arguments of the judges in that of all. general power case, be put off till his majesty s farther pleasure his majesty, willing to know the be Whereupon known, upon consulting with him ; and to that true state thereof, commanded the Lord Bishop of end, that your lordship forthwith signify his Winchester, and Mr. Secretary Winwood to be commandment to the rest of the judges whereof present at the next argument, and to report the your lordship may not fail and so I leave your state of the question and proceeding to his ma lordship to God s goodness. But Mr. Secretary Winwood being absent jesty. Your loving friend to command, the Lord of Winchester only was by occasion, FR. BACON. and made information to his majesty of This Thursday afternoon, present, April 25, the particulars thereof, which his majesty com
that intrenched upon his prerogative royal in the general power of granting commendams ; and by others, that the doubt rested only upon a special
ments.by his majesty

to his
s royal commandment, made majesty, that his majesty be first consulted
as in respect of the incongruity and exorbitant form thereof might be without impeaching or weakening the questioned,
nature of a
commendam, such
1616."
manded him
to report to the board.
Whereupon
the Lord of Winchester stood up and said, that Serjeant Chiborne, who argued the cause against the
commendams, had maintained
divers
pr>si-
this letter received, the lord chief justice returned word to his majesty s said attor ney by his servant ; That it was fit the rest of his
That upon
tions and assertions very prejudicial to his ma jesty s prerogative royal ; as first, that the transla
tion of bishops
brethren should understand
was against the canon law, and
his majesty s plea sure immediately by letters from his said attorney to the judges of the several benches and accord
:
for authority vouched the canons of the council of Sardis; that the King had not power to grant
ingly
it
was done
whereupon
all
(he said judges
commendams, but in case
of necessity; that there could be no necessity, because there could be no need for augmentation of living, for no man was
to keep hospitality above his means; be sides other parts of his argument tending to the overthrow of his majesty s prerogative in case of
certified
bound
assembled, and by their letter under their hands his majesty, that they held those let ters, importing the signification aforesaid, to be contrary to law, and such as they could not yield the same b y their oath 5 and that thereupon they had proceeded at the day, and did now cerlity his
majesty thereof: which
letter
of the judges
commendams. The Lord of Winchester having made

port, his
his re-
his majesty also commanded to be openly read. in haec verba." the tenor whereof followeth,
majesty resumed his former narrative,

that after the
letting the lords
know, Winton had made unto
Lord of
MOST DREAD AND MOST GRACIOUS SOVEREIGN,
It may please your most excellent majesty tc his majesty a report of that which passed at the argument of the cause, be advertised, that this letter here enclosed wa* like in substance unto that which now had been delivered unto me your chief justice on Thursday

la^t in the afternoon,
n<T,il
493
by a servant of your majes- powers and prerogatives of tho crown, he would and letters of the like etlect not endure to have them wounded through tt.e were on following sent from him l.y his sides of a private person; admonishing them also, (i^ Her v.i tit majesty s justices of every of lastly, of a custom lately entertained, ot \Ve arc ami ever will holduess to dispute, the high points of his majesty s the courts at \\ eMminster. be ready with nil faithful and true heart, accord- prerogative in a popular and unlawful liberty and making to our boiinden dutk-s, to serve and obey irgurnent more than in former times your majesty, and think ourselves most happy to them perceive also how weak and impertinent the spend our times and abilities to do your majesty pretence of allegation of their oath was in a case of this nature, and how well it might have been true and faithful service in this present case men
ty s attorni v-^
;
tin- il.iy
ti>
V"iir
"f
in<r
What information hath spared ; with many other weighty points in the n this letter. been made unto you, whereupon Mr. Attorney said letter contained which letter also by his doth gnmnd his letter, from the report of the majesty s appointment and commandment was Bishop of Winton, we know not; this we know, publicly read in haec verb*. that the true substance of the cause summarily is "JAMES REX, thus; it consistcth principally upon the construc tion of two acts of parliament, the one of the Trusty and well-beloved Cittnsellors, and trusty We per twenty-fifth year of King Edward III., and the and well-beloved, we greet you well.
tioned
; :
"
other of the
twenty-fifth year of King Henry VIII., whereof your majesty s judges upon their oaths, and according to their best knowledge and
ceive by your letter, that you conceive the com mandment given you by our attorney-general in
our
learning, are bound to deliver their true understand ing faithfully and uprightly ; and the case between
for private interest and inheritance earnestly hold it called on for justice and expedition. our duty to inform your majesty, that our oath is
tion
care
two
We
to have proceeded upon wrong.informaif you list to remember what princely have ever had, since our coming to this :rown, to see justice duly administered to our subjects, with all possible expedition ; and how far we have, ever been from urging the delay
:
name
but
we
in these express
words
That
in case
any
letters
thereof
come unto us
contrary to law, that we do nothing by such letters but certify your majesty thereof, forth to do the law, notwithstanding the and go
have advisedly considered of same letters. the said letter of Mr. Attorney, and with one con sent do hold the same to be contrary to law, and
We
in any sort, you may safely persuade yourselves that it was no small reason that moved us to send you that direction. You might very well have spared your labour in informing us of
the nature of your oath; for although we ne\?r studied the common law of England, yet are we not ignorant of any points which belong to a king
:
such as we could not yield to the same by our to know we are therefore to inform you hereby, oath, assuredly persuading ourselves that your that we are far from crossing or delaying any majesty being truly informed, that it standeth not thing which may belong to the interest of any with your royal and just pleasure to give way to private party in this case ; but we cannot be con
them: and knowing your majesty s zeal to justice tented to suffer the prerogative royal of our crown to be most renowned, therefore we have, accord to be wounded through the sides of a private per ing to our oaths and duties, at the very day son we have no care at all which of the partiea the last term, proceeded, and thereof shall win this process in this case, so that right prefixed and shall ever pray to the prevail, and that justice be truly administered. certified your majesty Almighty for your majesty in all honour, health, But on the other side, we have reason to foresee and happiness long to reign over us. that nothing be done in this case which may Edw. Coke, Henry Hobart, Laur, wound our prerogative in general ; and therefore Tanfield, Pet. Warburton, George so that we may be sure that nothing shall be de Snigge, Ja. Altham, Ed. Bromley, bated amongst you which may concern our ge John Croke, Humphry Winche neral power of giving commendams, we desire John Dodderidge, Augustin Ni- not the parties to have one hour s delay of jus
:
cholls, Robert
Serjeants-Inn,
Houghton.
tice
but
that
our prerogative
for all
should not be
times hereafter, His majesty having considered of this letter upon pretext of private persons interest, we sent well to hy his princely letters returned answer, reporting you that direction; which we account as himself to their own knowledge and experience be wounded if it be publicly disputed upon, as
April,
2Mh
1616."
wounded
in that regard
we are if any sentence were given against it to admonish you, that since the prero have justice duly administered to then f ai of our crown hath been more boldly dealt Ins subjects, with all possible expedition; gative how far he was from crossing or delaying of jus- withal in \\ eMminster Hall, during the time of our
what princely care he hath ever had since his coming
to the
:
crown,
to
>re
tire, when the interest of any private person was reign, than ever it was before in the reigns of us, that wo questioned: but on the other side expressing him- divers princes immediately preceding elf. that where the case concerned the high will no longer endure that popular and unlawful
| i
2T
494

:
to den upon his prerogative which being most cor liberty; and therefore we were justly moved send you tli.it direction to forbear to meddle in a trary to their vocation of any men, since the law cause of so tender a nature, till we had farther or lawyers can never be respected, if the king be have cause indeed to not reverenced ; it doth therefore best become the thought upon it. execution of judges of any, to check and bridle such impudent rejoice of your zeal for your speedy that all our lawyers, and in their several benches to disgrace justice; but we would be glad
We
that subjects might so find the fruits thereof, as no pleas before you were of older date than this
18.
them that bear so
little
respect to their king s au
your argument, which you found upon your oath, you give our predecessors, who and had relation to his private interest, which first founded the oath, a very charitable meaning, might be, and was every day, disputed in West in perverting their intention and zeal to justice, to minster Hall; the other was of a higher nature,
But as
to
thority and prerogative: that his majesty had a double prerogative, whereof the one was ordinary
make a weapon of it to use against their succes sors; for, although your oath be, that you shall not delay justice between any private persons or should parties, yet was it not meant that the king
thereby receive harm, before he be forewarned thereof; neither can you deny, but that every
referring to his
sovereignty,
courts of the
supreme and imperial power and which ought not to be disputed or

late the
handled in vulgar argument: but that of
common law
are
grown so vast and
transcendent, as they did both meddle with the
your own discretions, for reasons known unto you, put off either the hear ing or determining of any ordinary cause betwixt private persons till the next term following. Our pleasure therefore is, who are the head and foun tain of justice under God in our dominions, and we out of our absolute power and authority royal do command you, that you forbear to meddle any farther in this plea till our coming to town, and term you
will, out of
king s prerogative, and had encroached upon all other courts of justice; as the high commission,
the councils established in
the court of requests. Concerning that which
Wales and
at
York,
might be termed com
mission, his majesty took exception at the judges letter, both in matter and form : for matter, his
majesty plainly demonstrated, that whereas it was contained in the judges letter, that the significa
tion of his majesty s letter as aforesaid
was con
own mouth you hear our pleasure trary to law, and not agreeable to the oath of a in this business; which we do out of the care we judge that could not be first, for that the putting off any hearing or proceeding upon any just or have, that our prerogative may not receive an un
that out of our
;
:
witting and indirect blow, and not to hinder justice to be administered to any private parties, which no importunities shall persuade us to move
in. Like as, only for the avoiding of the unreasonable importunity of suitors in their own particular, that oath was by our predecessors
necessary cause, is no denying or delaying of justice, but wisdom and maturity of proceeding; and that there cannot be a more just and necessary
you
cause of stay, than the consulting with the king, where the cause concerns the crown ; and that the judges did daily put off causes upon lighter
occasions; and likewise his majesty did desire to know of the judges, how his calling them to con
sult with him was contrary to law, which they could never answer unto. Secondly, That it was no bare supposition or
you
"
ordained to be administered unto you heartily well to fare.
so
we wish
POSTSCRIPT.
You shall upon
the receipt of this
letter call our attorney-general unto you, who will inform you of the particular points which we are unwilling to be disputed of in this case."
surmise, that this cause concerned

prerogative
;
for
that
it
the king s had been directly and
This letter being read, his majesty resolved to take into his consideration the parts of the judges letter, and other their proceedings in that cause, and the errors therein contained and committed ;
plainly disputed at the bar; and the very disput ing thereof in a public audience is both dangerous
to his majesty. Thirdly, That the manner of the putting off that which the king required, was not infinite nor long
and dishonourable
which
errors his majesty did set forth to be both time, but grounded upon his majesty s weighty and manner in matter, as well by way occasions, which were notorious by reason where of omission as commission; for omission, that it of he could not speak with the judges before the was a fault in the judges, that when they heard argument; and that there was a certain expecta a counsellor at the bar presume to argue against tion of his majesty s return at Whitsuntide and his majesty s prerogative, which in this case was likewise that the cause had been so lately handled in effect his supremacy, they did not interrupt and and argued, and would not receive judgment by in matter
:
reprove sharply that base and bold course of de faming or impeaching things of so high a nature by discourse; especially since his majesty hath
observed, that ever since his coming to the crown, the popular sort of lawyers have been the men,
that
the Easter term next, as the judges themselves
afterwards confessed.
most affrontedly
in all parliaments
have trod
And afterwards, because there was another just cause of absence for the two chief justices, for that they ought to have assisted the lord chancel lor the same day in a great cause of the king s
TliMTS
RI:LATI.\<;
TO roM.MKMJAMS.
401
Lord William Howard in chancery; which cause of tin; kind s, especially being so worthy, ought to have had precedency hefore any cause betwixt Also, whereas it was contained party and party. in the judges letter that the cause ofoommaodaOM \\.is a cause of private interest between party and party, his majesty showed plainly the con not only by the argument of Serjeant Chitrary ; borne, which was before his commandment, but bv tlieargumentof the judges themselves, namely, Justice Nicholls, which was after; but especially
tlie
i>ut
followed by the Lord Ilmi-dmi against
plea concerned the king s prerogative, without iMiisnhing with his majesty first, and informing his princely judgment, was a tiling preposterous, fur that they ought first to have made that appear to his majesty, and so to have given him assurance thereof upon consulting with him. And for the matter, that it should be against the
law and against their oath, his majesty said he had spoken enough before; unto which the lord chief justice in effect had made no answer, but only insisted upon the former opinion and there
;
since one. of the parties is a bishop who pleaded for the commendams by the virtue of his ma
jesty s prerogative.
king required the lord chancellor to de liver his opinion upon that point, whether the stay that had been required by his majesty were
fore the
Also, whereas
it
was contained
in the
judges
contrary to law, or against the judges oath. The chancellor stood up and moved his majesty,
that because this question had relation to matter of law, his majesty would be informed by his
letter, that the parlies called upon them earnestly for justice, his majesty conceived it to be but pre
was any learned counsel first, and they first to deliver their by the parties for expedition, other opinions, which his majestycommanded them to do. wise than in an ordinary course of attendance; Whereupon his majesty s attorney-general gave which they could not prove. his opinion, that the putting off of the day in As for the form of the letter, his majesty noted, manner as was required by his majesty, to his that it was a new thing, and very indecent and understanding was without all scruple no delay
tence; urging them to prove that there
solicitation
unfit for subjects to disobey the king s command ment, but most of all to proceed in the mean time, and to return to him a bare certificate whereas, they ought to have concluded with the laying down and representing of their reasons modestly to his majesty, why they should proceed; and so to have submitted the same to his princely judg ment, expecting to hear from him whether they had given him satisfaction.
;
of justice, nor danger of the judges oath; insist ing upon some of the reasons which his majesty
had formerly opened, and adding, that the letter he had formerly written by his majesty s command was no imperious letter; as to say his majesty, for certain causes, or for causes known to himself, would have them put off the day but fairly and plainly expressed the causes unto them; for that the king conceived upon my Lord of Winton s After this his majesty s declaration, all the report, that the cause concerned him ; and thai fell down upon their knees, and acknow his majesty would have willingly spoken with judges ledged their error for matter and form, humbly them before, but by reason of his important busi craving his majesty s gracious favour and pardon ness could not; and therefore required a stay till for the same. they might conveniently speak with him, which
:
But
for the matter of the letter, the lord chief
justice of the king s bench entered into a defence thereof; the effect whereof was, that the stay
they knew could not be long. And in conclusion of his speech wished the judges to consider seri
required by his majesty was a delay of justice, and therefore contrary to law and the judges oath ;
ously with themselves, whether they were not in greater danger of breach of their qaths by the
proceedings, than they would have been by their and that the judges knew well amongst them stay; for that it is part of their oath to counsel selves, that the case, as they meant to handle it, his majesty when they are called; and if they
did not concern his majesty s prerogative of grant will proceed first in a business whereupon they ing of commendams and that if the day had not are called to counsel, and will counsel him when held by the not coming of the judges, the suit had the matter is past, it is more than a simple refusal been discontinued, which had been a failing of to give him counsel; and so concluded his speech, justice, and that they could not adjourn it, because and the rest of the learned counsel consented to
:
Mr. Attorney s letter mentioned no day certain, and his opinion. thatanadjournmentmustalwaysbetoadayert iin. Whereupon the lord chief justice of the king s Unto which answer of the chief justice Ins bench, answering nothing to the matter, took
|
majesty did reply
that, for the last conceit, it was mere sophistry, for that they might in their discre tions have prefixed a convenient day, such as there might have been time for them to consult with his majesty before, and that his majesty left
;
exception that the king s counsel learned should plead or dispute with the judges; for he said they were to plead before judges, and not to dispute
with them.
|
Whereunto
the king s attorney
re-
that point of form to themselves. And for that other point, that they should take upon them peremptorily to discern whether the
plied, that he found that exception strange; for that the king s learned counsel were by oath and
j
office, and much more where they had the king s express coiumai dment, without fear of any -nan s
490

I
face, to proceed or declare against any the greatest peer or subject of the kingdom ; ;nnl not only any
which they conceived to be of a firm differing from all other comrnendams which have been
practised.
The judges also went farther, and did promise upper or lower house of parliament, in case they his majesty, that they would not only attain exceed the limits of their authority, or took any from speaking any thing to weaken his m;tji siv s thing from his majesty s royal power or preroga- prerogative of commendams, but would din-oily live; and so concluded, that this challenge, and and in plain terms affirm the same, and correct that in his majesty s presence, was a wrong to the erroneous and bold speeches which had been their places, for which he and his fellows did used at the bar in derogation thereof. And thereAlso the judges did in general acknowledge appeal to his majesty for reparation. upon his majesty did affirm, that it was their duty and profess with great forwardness, that it was 80 to do, and that he would maintain them therein, their duty, if any counsellor at the law presumed and took occasion afterward again to speak of it; at any time to call in question his majesty s high for when the lord chief justice said he would not prerogative, that they ought to reprehend them dispute with his majesty, the king replied, That and silence them ; and all promised so to do here the judges would not dispute with him, nor hi after. learned counsel might not dispute with them sc Lastly, the two judges that were then next to whether they did well or ill, it must not be dis argue, Mr. Justice Dodderidge and Mr. Justice Winch, opened themselves unto his majesty thus puted.
I j
i i I
subject in particular, but any body of subjects or persons, were they judges, or were they of an
would insist chiefly upon the and some points of uncertainty, repug nancy, and absurdity, being peculiar to this commendam ; and that they would show their dislike oath itself might be read out of the sta of that which had been said at the bar for the judges tute, which was done by the king s solicitor, and weakening of the general power ; and Mr. Justice all the words thereof weighed and considered. Dodderidge said he would conclude for the king, Thereupon his majesty and the lords thought that the church was void and in his majesty s good to ask the judges severally their opinions; gift; he also said that the king might give a
After this the lord chancellor declared his
far;
"
mind
that they
plainly and clearly, that the stay that had been by his majesty required, was not against the law, nor a breach of the judges oath, and required that the
lapse,"
clared themselves, his majesty commanded them proceedings in the mean time, they ought not to to keep the bounds and limits of their several stay accordingly ? They all, the lord chief jus courts, not to surfer his prerogative to be wounded tice only excepted, yielded that they would, and by rash and unadvised pleading before them, or acknowledged it to be their duties so to do; only by new invention of law ; for, as he well knew
manner; Whether, depending before the judges, his majesty conceived it to concern him either in power or profit, and thereupon required to consult with them, and that they should stay
if at
the question being put in this
commendam
to a
bishop either before or after his
any time,
in a case
consecration, and that he might give it him during his life, or for a certain number of years. The judges having thus far submitted and de
the lord chief justice of the king s bench said for the true and ancient common law is the most answer, that when the case should be, he would favourable for kings of any law in the world ; so do that which should be fit for a judge to do. he advised them to apply their studies to that And the lord chief justice of the common pleas, ancient and best law, and not to extend the power who had assented with the rest, added, that he of any other of their courts beyond their due
would ever mandment.
trust the justice of his majesty s com After this vvas put to a point, his
majesty thought fit, in respect of the farther day of argument, appointed the Saturday following for the commendams, to know from his judges what he might expect from them concerning the same. Whereupon the Lord of Canterbury break
ing the case into some questions, his majesty did require his judges to deal plainly with him, whether they meant in their argument to touch the
general power of granting commendams, yea or no? Whereupon all the said judges did promise
following the precedents of their best ancient judges in the times of the best govern ment ; and that then they might assure themselves
limits;
that he, for his part, in his protection of item, and expediting of justice, would walk in the Whereupon he steps of ancient and best kings. gave them leave to proceed in their argument. When the judges were removed, his sty, that had forborne to ask the voices and opinions of his council before the judges, because he would not prejudicate the freedom of the judges opinion, concerning whether the stay of proceeds, that had been by his majesty required, could by any con
m,i|>
and assure his majesty, that in the argument of the said case of commendams, they would speak struction be thought to be within the compass of nothing which should weaken or draw into doubt the judges oath, which they had heard read unto liis majesty s prerogative for granting of them ; but them, did then put the question to his council; intended particularly to insist upon the points of who all with one consent did give opinion, that it and other judicial points of this case, was far from any colour or hadow of such inter"lapse"
LKTTKKS
and
iMcutiuii
iir.ul.-
KF.I.
\TING TO LORI) COKE.

it
4U7
that
it
was against
common sense Realms why

no
iniijt*ty
s
should be txtetilini; //,!/ far hit
to tliink tin- contrary, especially since there 18 in their oath of
service to
remove
///.
I,oi,
L
OKK from
<>f
only
tli.it
tln-y
delay of justice, but should not deny Justin;, nor be
the place he
/,
now
and
/</r
holdrth,* to be
the
;iY
/!</,)
l.df Ju*ticr. attorney^, to tuccctd him,
moved by any
to tiling contrary
tin- kind s letters, lo do any law or justice. G. Cant. Tim. Kllesmere, Cane. Th. Smlolk, K. Worcester,
<>t
and
the
*o//<y
the atttirm y.
will strengthen the king s causes for both my Lord greatly amongst the judges: Coke will think himself near a privy counsellor s
FIRST,
It
Nottingham, l.enox, \\ Knollys, pl ;ice and thereupon turn obsequious; and the John Diuliy, Ralph \\ inwood, Tho. attorney-general, a new man, and a grave person, Lake, Fulke Greville, Jul. Caesar, n a judge s place, will come in well to the other, Fra. Bar. ii. and hold him hard to it, not without emulation between them, who shall please the king best.
.
j
TRUE REMEMBRANCE OF THE ABUSE I RE CEIVED OF MR. ATTORNEY-GENERAL* PUB
Secondly, The attorney-general sorteth not so well with his present place, being a man timid and scrupulous both in parliament and other busi
ness, and one that, in a word, was the late lord treasurer s bent, which
tle
THE EXCHEQUER THE FIRST DAY OF TERM FOR THE TRUTH WHEREOF 1 RE FER MYSELF TO ALL THAT WERE PRESENTLICLY IN
;
made fit was to do

:
for
lit
I MOVED to have a reseizure more effectual in that he dealeth in, is like to re and a George More, a relapsed recusant, fugitive, cover that strength to the king s prerogative, better matter for a practising traitor; and showed which u hath ha(J in Umeg ^ an(] whkfc ig the queer against the discharge by plea, which is due unto it. And for that purpose there must be And this I did in as "salvo ever with a jure." brought in to be solicitor some man of courage terms as might be. gentle and reasonable and speech, and a grounded lawyer which done, Mr. Attorney kindled at it, and said, "Mr. his majesty will speedily find a marvellous change Bacon, if you have any tooth against me, pluck it in his business. For it is not to purpose for the teeth in out; for it do you more hurt than all the judges to stand well-disposed, except the king s I answered coldly your head will do you good." council, which is the active and moving part, put Mr. Attorney, I respect you in these very words the judges well to it; for in a weapon, what is a I fear you not: and the less you speak of your back without an edge] I will think of it. own greatness, the more shall continue and add The
j
of the lands of
with much formality and protestation whereas now solicitor going more roundly to work, and being of a quicker and more earnest temper, and
the
He replied, I think scorn to stand upon terms of greatness towards you, who are less than little; and other such strange light less than the least
"
Thirdly,
king
repu
tation to the attorney s

this
and
solicitor s place,
by
;"
terms he gave me, with that insulting which can not be expressed. Herewith stirred, yet I said no more but this
orderly advancement of them ; which two for his rights places are the champion s places and prerogative ; and being stripped of their ex
pectations and successions to great place, will wax vile ; and then his majesty s prerogative down the wind. Besides, the remove, of
Mr. Attorney, do not depress me so far; have been your better, and may be again, when
for I
it
please the queen.
he spake, neither I nor himself could tell what, as if he had been born attorney-general ; and in the end bade me not meddle with the queen s un business, but with mine own ; and that I was
With
this
Lord Coke to a place of less profit, though it be wrth his will, yet will be thought abroad a kind of discipline to him for opposing himself in the king s causes; the example whereof will con
my
tain others in
more awe.
sworn, all one
etc.
told him,
sworn
or
unsworn was
service
an honest man ; and that I ever set my and myself second ; and wished to sons are chiefly spoken of to be the men, and the God, that he would do the like. irreat suitors; this will appear to be the king s it were good to clap a "cap. Then he said, own act, and is a course so natural and regular, To which I only said as it is without all on my back titlegatum" suspicion of these by-e he could not; and that he was at fault, for he to the king s infinite honour. For men say now, hunted upon an old scent. the king can make good second judges, as he hath He gave me a number of disgraceful words * Of chief justice of the common pleas, having been ap and besides; which I answered with silence, pointed to that office June 30, 1606. with them. f He \vii- ;iclv:inc-d to that office October 2.1, 1613. showing that I was not moved t sir Ilrtiry llohart, who hud been appointed attorney
to
first,
!
Lastly, Whereas now it is voiced abroad touch ing the supply of places, as if it were a matter of labour, and canvass, and money ; and other per
i:ilw:ird
i
Coke,
ktiicliteil
by Kinc J:imes
at
Ore-tin
i,
li
in
general, July
J Sir
4, Iti06.
made
II.
lord chief justice of the
common
pleai, 30
Francis Bacon,
who had been sworn
solicitor general
June
25, 1607.
"VOL.
63
LETTERS RELATING TO LORD COKE.

;* but that is no mastery, because men be kept from these places. But now is th trial in those great places, how his majesty ca hold good, where there is great suit and means.
done lately
to
My
was
be
to
sue
iiMijcsty shall find in the tar ia a
lord did also give his promise, which your end of his writing, thus
kind of commonplace or thesis, that
it
sin for a
man
to
go against his
own con
science, though erroneous, except his conscience
TO THE KING.
IT
first
informed and
satisfied.
MAY PLEASE YOUR MAJESTY,

This morning, according
to
The
your majesty
lord chancellor in the conclusion signified
command, we have had my
lord chief justice oi the Icing s bench f before us, we being assisted by all our learned council, except Serjeant Crew
my Lord Coke your majesty s commandment, that until report made, and your pleasure then* upon known, he shall forbear his sitting at \\Ysiminster, etc., not restraining, nevertheless, any other exercise of his place of chief justice in private.
then gone to attend your majesty. I was delivered unto him that your majesty s plea sure was, that we should receive an account from
the performance of a commandment of your majesty laid upon him, which was, that 1 should enter into a view and retraction of such novelties, and errors, and offensive conceits, as
who was
standing, your royal
him of
Thus having performed, to the best of our under commandment, we rest ever Your majesty s most faithful,
and most bounden servants,
etc.
THE LORD VISCOUNT VILLIERS TO SIR were dispersed in his "Reports;" that he hac FRANCIS BACON, ATTORNEY-GENERAL. had good time to do it; and we doubted not bu SIR, I have he had used good endeavour in it, which we acquainted his majesty with my lord chancellor s and your report, touching desired now in particular to receive from him. my Lord His speech was, that there were of his "Re Coke; as also with your opinion therein; which
ports,"
eleven books, that contained about five

:
hundred cases
that
heretofore in
other
"
Re
his majesty doth dislike for these three reasons: first, because, that by this course you propound,
as namely, those of Mr. Plowden,}: which ports," he reverenced much, there hath been found, never
theless, errors,
the process cannot have a beginning, majesty s return; which, how long
after,
till
after his
it
may
last
which the wisdom of time had
discovered, and later judgments controlled; anc enumerated to us four cases in Plowden, which were erroneous and thereupon delivered in to us the enclosed paper, wherein your majesty may perceive, that my lord is a happy man, that there should be no more errors in his five hundred Your cases, than in a few cases of Plowden.
:
no man knoweth. He therefore thinketh it too long and uncertain a delay, to keep the bench
so long void from a chief justice. Secondly, al though his majesty did use the council s advice
ir^
demeanors
tie
dealing with the chief justice upon his other mis ; yet he would be loath to lessen his
prerogative, in
majesty
may
direction to
my
also perceive, that your majesty s lord chancellor and myself, and
;hings of great importance to his service; he loldeth it not fit to admit him to his presence, heads, which we principally respected, which were the jefore these points be determined, because that would be a grant of his pardon before he had his rights and liberties of the church, your preroga rial. And if those things, wherewith he is to tive, and the jurisdiction of other your Courts, my lord hath scarcely fallen upon any. except it be acquaint his majesty, be of such consequence, it ould be dangerous and prejudicial to his majesty, the prince s case, which also yet seemeth to stand to delay him too long. but upon the grammatical, of French and Latin. Notwithstanding, if you shall advise of any other reasons to the contrary, * Sir John Dodderidge was made judge cf the king s bench, is majesty would have you, with all the speed Novemb<;r25, 1612, and Sir Augustin Nichols of the common rou can, to send them unto him ; and in the mean pleas, the day following. fSir Edward Coke. kne to keep back his majesty s letter, which is t Edmund Plo\vden,born of an ancient family of that name, lerein sent unto you, from my Lord Coke s know8t Plowden in who, as he tells us himself in the
by us and Mr. Solicitor,^ in fol lowing and performing your direction, was not
the travail taken
that of those three
making the council judges, whether should be turned out of his place or no, if the case should so require. Thirdly, for that my Lord Coke hath sought means to kiss his majesty s hands, and withal to acquaint him with some
altogether lost; for
Shropshire,
preface to the
"Reports,"
in
and the
thirtieth of the reign of
the twentieth year of his age, Henry VIII. anno 1530, began
Middle Temple. \V...n! adds, Jlth. Oion. Vol. I. col. 219, that he spent three years in the study of arts, philosophy, and physic, at Cambridge, and lour at Oxford, where, in November, 1552, he was admitted to practice chirurgery and physic. In 1557 he became sum mer reader of the Middle Temple, and three years after, Lent render, having been made Serjeant, October 27, 1558. He ilied February 6, 15&1-5, at the age of sixty-seven, in tli pro fession of the Roman Catholic faith, and lies interred in the
in the
his study of the
common law
edge, until you receive his majesty s furthet irection for your proceeding in his business.
And
so I rest,
friend at
Your ever assured

Theobald
s,
command, GEORGE VILLIERS.
ie3d of October, 1616.
To
T -mplf
i Sir
church.
Right Honourable Sir Francis Bacon Knight, Hi* Majesty s jlitorney-General, and oj
the
Henry Yelverton.
his most lionourahk
privy council.

TO THE KING
IT MAY PLE\HE YOUR MOST
i
499
MAJESTY, to cons j,| Kr( ],,.fori w |,,, m |,e shall be chared; which we whether before tin: body of your council, as forW as, or some selected commissioners; for received from your majesty, as well that written I|lt r |y Vilto US both, as that other written by my Lord we conr ,.j v your majesty will not think it ec.iiwhich I thought ^,,,,,1 to v ,.,,i Ml Also sliould be before us two only. liers to me, the attorney, the better to t |f m;mll r ,,f |,i s chancellor withal, charge is considerable, whether acquaint my lord And we most j t ghall be verbal by your learned council, as it saust aeti..n. majesty
.
be heard and called to that justice rpijiiirrth, liis answer, and thru your majesty will be pleased
lin
\Ye have considered of the
letters,
j,
j t
,.
five your
humbly
and ever
desire your majesty wag i a9t or whether, in respect of the multiplishall be, ready to perform and obey your c j t O f ma tters, he shall not have the collections y towards which the first de- we have made in writing, delivered to him. Also .Majesty s directions; is to understand them well. the matter of his charge ia likewise considerable, gree In answer, therefore, to both the said letters, as whether any of those points of novelty, which by s commandment we collected, shall well concerning matter as concerning time, we our
are,
.
\
,
to think, that
we
shall in all
humbleness
offer to
your majesty
hifh wisdom the considerations following: Lord Coke First, we did conceive, that after my
was sequestered from the table and his circuits/ when your majesty laid upon him your command much for your learned council to be prepared, for and that is almost done Reports," ment for the expurging of his already, but because himself, our service to look into them, no doubt, will crave time of advice to peruse his commanded
"
majesty be made part of his charge; or only the faults of habeas lis books, and the prohibitions and collected by my Lord of Canterbury. In :orpus," we foresee length of time, not so all which course
"
and into other novelties introduced into the go own books, and to see, whether the collections vernment, your majesty had in this your doing be true, and that he be justly charged; and then two principal ends to produce his proofs, that those things, whkh he The one to see, if upon so fair an occasion he shall be charged with, were not conceits or singu of his former faults would make any expiation larities of his own, but the acts of court, and other and also show himself sensible of those things in like things, tending to excusation or extenuation; which he could not but know were wherein we do not see, how the time of divers his Reports," if not of weeks, can be denied him. the likest to be offensive to your majesty..
: :
"
days,
The
other, to perform
"de
vero"
this right to
;
Now,
for time, if this last course of
charging
and your people also your crown and succession, that those errors and novelties might not run on, and authorize by time, but might be taken away, whether he consented to it or no. But we did not conceive your majesty would have had him charged with those faults of his would book, or those other novelties; but only
him be taken, we may only inform your majesty thus much, that the absence of a chief justice,
it hath though it should be for a whole term, as been often upon sickness, can be no hindrance For the business of the to common justice.
king
bench may be despatched by the

:
rest of
the judges
his voice in the Star
Chamber may be
have had them represented

information.
to
you
for
your better
that my lord chan supplied by any other judge, cellor shall call ; and the trials by "nisi prius"
you can
he hath done, your majesty seeth what may be supplied by commission. If, upon better judge of it than we can. But, as for those great matters of discovery, we ma can that either they this probation added to former matters, your say nothing more than this, him not fit for your service, we must in are old or new. If old, he is to blame for having jesty thitik subscribe to your majesty, and ac so long: if new, or whatsoever, he all humbleness kept them
Now
knowledge
that neither his displacing, considering may advertise your majesty of them by letter, or he holdeth his place but during your will and deliver them by word to such counsellor as your nor the choice of a fit man to be put in majesty will assign. pleasure, his room, are council-table matters, but are to Thus we hope your majesty will accept of our from your majesty s great wisdom and openly with sincerity, having dealt freely proceed wholly So that, in this course, and when we us and gracious pleasure. your majesty, as becometh of your pleasure, and the shall receive and direction, we shall it is but the signification your pleasure is at an end as to him. Only there execute and obey the same in all things; ending ousiness remaineth the actual expurgation or animadver with our prayers for your majesty, and resting sions of the books. Your majesty s most faithful, and he shall most bnunden servants, But, if your majesty understand it, that T. ELLESMERE, Cane. be charged, tnen, as your majesty best knoweth, FR. BACON. * On the 30th of June, 1616. Camdetii Annalet Regit Ja1016. October
:
eabi I
p. 18.
p.
19;
and Peck, Desiderata Curiota, VoL
I.
Lib.
VI
6,
500

busying himself in casting fears before his counciconcerning what they could not do, than joining
his advice
AKMKMBRANCES OF HIS MAJESTY S DECLA RATION, TOUCHING THE LORD COKE.

THAT although the discharging and removing of his majesty s officers and servants, as well as the choice and advancement of men to place, be no council-table matters, but belong to his ma
and secret judgment ; yet, jesty s princely will his majesty will do his council this honour, that
in his resolutions of that kind, his council shall know them first before others, and shall know them, accompanied by their causes, making as it
what they should
do.
his majesty, desirous yet to make a farther of him, had given him the summer s vaca tion to reform his Reports," wherein there be
trial
"
That
many dangerous
conceits of his
own
utti
ml
tor
law, to the prejudice of his crown, parliament, and subjects; and to see, whether by this he
were a private manifesto, or revealing of himself to them without parables. the Reports," after three months time and con Then to have the report of the lords touching sideration, he had offered his majesty only five the business of the Lord Coke, and the last order rather a than a satis
"
would in any part redeem his fault. But that his majesty hath failed of the redemption he desired, but hath met with another kind of redemption from him, which he little expected. For, as to
animadversions, being
scorn,
whereof one was that in the prince s case he had found out the French he might, filz aisne," whereas the Latin statute, which was order mentioned, of deceit, contempt, and slander was "primogenitus;" and so the prince is Duke of his government, very justly have proceeded of Cornwall in French, and not Duke of Cornwall then, not only to have put him from his place of in Latin. And another was, that he had set to have brought him in question chief justice, but Montagu to be chief justice in Henry Vlll. s time, in the Star Chamber, which would have been his when it should have been in Edward VI. and
of the council read.
That done,
his majesty farther to declare, that upon the same three grounds in the
faction to his majesty:

"
s,
utter overthrow
for that time
but then his majesty

to
was
pleased
such other
sive.
only and from the public exercise of his place of chief justice, and to take farther time to deli
table,
put him
off
from the council-
upon any of those things, which he could not but know were offen
falling
stuff; not
berate.
refresh his
That, in his majesty s deliberation, besides the present occasion, he had in some things looked back to the Lord Coke s former carriage, and in
That hereupon his majesty thought good to memory, and out of many cases, which
his majesty caused to be collated, to require hia answer to five, being all such, as were but. expa-
some things looked forward,

trial
to
make some
farther
tiationsof his own, and no judgments; whereunto he returned such an answer, as did either justify
of him.
That for things passed, his majesty had noted seeth plainly him a perpetual turbulent carriage, first to wards the |iberties of his church and estate eccle siastical towards his prerogative royal, and the branches thereof; and likewise towards all the
in
;
himself, or elude the matter, so as his majesty

"
antiquum
obtinet."
TO THE KING.
PLEASE YOUR EXCELLENT MAJESTY, I send your majesty a form of discharge for my high commission, the Star Chamber, the chancery, Lord Coke from his place of chief justice of your the provincial councils, the admiralty, the duchy, bench.* the court of requests, the commission of inquiries, I send also a warrant to the lord chancellor, for the new boroughs of Ireland in all which he had forth a writ for a new chief justice, leav raised troubles and new questions; and, lastly, in making ing a blank for the name to be supplied by your that, which might concern the safety of his royal majesty s presence; for I never received your person, by his exposition of the laws in cases of majesty s express pleasure in it. high treason. If your majesty resolve of Montagu,! as I con That, besides the actions themselves, his ma ceive and wish, it is very material, as these times in his princely wisdom hath made two spe jesty are, that your majesty have some care, that the cial observations of him ; the one, that he having recorder succeeding be a temperate and discreet in his nature not one part of those things which man, and assured to your majesty s service. If are popular in men, being neither civil, nor affa your majesty, without too much harshness, can ble, nor magnificent, he hath made himself popu continue the place within your own servants, it is lar by design only, in pulling down government. best: if not, the man, upon whom the choice is The other, that whereas his majesty might have * expected a change in him, when he made him his Sir Edward Coke was removed from that post on the 15th own, by taking him to be of his council, it made November, lOlfi. who was mad t !*ir Henry Montneti, Recorder of no change at all, but to the worse, he holding on Lord Chief Justice of the Kinc s R^mh, November 16, 1618. his former channel, and running separate a. .! He was afterwards made lord treasurer, and created Earl of urses from the rest of his council ; and rather Manchester.
settled jurisdictions of all his other courts, the
MAY
IT
Ix>ndon,
LETT K us RKLATIM; TO LORD COKK.

\ik- (M fill,
for
501
which
vie.
;
is
Coventry,*
iii.it
lioltl
doubtful
yonrM
(I
I
not Imt
and an honest man; on v Lord Coke, and seasoned
well learned, hut he hath lieen, as it were,

!n- is
justices, arid others, that it is a cause most fit for the censure of the court, both for the repressing of thirls, and the encouragement of i-i.mplaints
If your majesty be in courts of justice. it shall go on, there rested) but Wednesday for
;
in his
ways.
God
preserve your majesty.
Your majesty most humble and bounden servant, H. BACON.

s
I
the hearing; for the last day of term

ly left for orders,
is
common
for the
though sometimes, upon extra
I send not these things, which concern my I send your majesty also Baron Bromley s* Coke, by my Lord Villiers, for such reasons as report, which your majesty required whereby conceive. your majesty may your majesty may perceive things go not so well November 13, at noon, [1C16.] in Cumberland, which is the seat of the party your majesty named to me, as was conceived. And yet, if there were land winds, as there be sea winds, to bind men in, I could wish he were a TO THE KING. little wind bound, to keep him in the south. But while your majesty passeth the accounts of IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, judges in circuits, your majesty will give me leave I send your majesty according to your com to think of the judges here in their upper region.
;
" "
Lord
ordinary occasion, it hath been set hearing of some great cause.
down
mandment, the warrant for the review of Sir And because Tacitus saith well, opportuni Edward Coke s Reports." I had prepared it be now upon magnis conatibus transitus rerum fore I received your majesty s pleasure but I was is gone, I shall this change, when he, that letteth, glad to see it was in your mind, as well as in my endeavour, to the best of iiy power and skill, that In the nomination, which your majesty hands. there may be a consent and united mind in your be direct made of the judges, to whom it should business. to serve and
;"
ed, your majesty could not name the lord chief justice, that now is,f because he was not then
:
strengthen your you, I am persuaded there cannot be a sacrifice, from which there may come up to you a sweeter declared but you could not leave him out now, odour of rest, than this effect, whereof I speak. without discountenance. For this wretched murderer, Bertram, f now I send your majesty the state of Lord Darcy s gone to his place, I have, perceiving your ma cause}: in the Star Chamber, set down by Mr. jesty s good liking of what I propounded, taken and mentioned in the letters, which Solicitor, order, that there shall be a declaration concerning your majesty received from the lords. I leave all the cause in the king s bench, by occasion of in humbleness to your majesty s royal judgment: punishment of the offence of his keeper; and but this is true, that it was the clear opinion of another in chancery, upon the occasion of moving lord chancellor, and myself, and the two chief my an order, according to his just and righteous ifor Deport. And yet withal, I have set on work a * Thomas Coventry, Esq.; afterwards lord keeper of the good pen4 and myself will overlook it, for mak great seal. t Sir Hi-niy Montagu. ing some little pamphlet fit to fly abroad in the
judges
For
J Thin is just mentioned in a letter of Sir FrancU Baron to the Lord Viscount Villierg, printed in his works ; hut is more Reports" of Sir Henry Hohart, particularly staled in this Lord Chief Justice of the Common Pleas, p. 120, 121, Edit. London, Hi ,-, fol. as follows. The Lord Darry of the North sued (Jervase Markham, Esq., in the Star Chamber, in 1616,
"
country.
For your majesty s proclamation touching the wearing of cloth, after I had drawn a form as near as I could to your majesty s direction, I pro pounded it to the lords, my lord chancellor being on this occasion. They had hunted together, ami the defen then absent; and after their lordships good appro dant and a servant of the plaintiff, one IWkwith. fell toge ther by the ear* in the field: and lieckwith threw him down, bation, and some points by them altered, I obtained and was upon him curling him, when the I.oril Par. tk of them to confer thereupon with my lord his servant off, and reprovr.d him. However, Mr. M arkham leave expressing some anger against his lordship, and charirini: him chancellor and some principal judge, which I
,
with maintaining his man, I.ord Darcy answered, tint he n-ed Mr. Markham kindly; for if he had not rescued from hi* man, (he latter would have beaten him to rags. Markman, upon Uiis, wrote live or nix I. tt.-M to Lord hut did not send them, Hiit.si ril.me them with his name
;
had
him
Mr.
.
did this afternoon; so as, it being now perfected, I shall offer it to the board to-morrow, and so send
it
I>an\
to
and
only dispersed them
uns.-ul.-il
in
the
fields; the purport of
So,
*
your majesty. humbly craving your majesty
pardon
for
whereas Hie Lord Dairy had said, tint, but for him, his servant KI-I ksvith hail ln-at-n him to he lieil ami a- -fin, as he should speak it, he lied ami lint Inwould maintain this with his life: niM. tie. that he hail ills-
them
:
lii-iii"
this
tint
Edward Bromley, made one of
the baroni of the exche
t;\>--.
quer. l-Vhruary 6, 1609-10. t.Iohn llerlram, a grave man, above seventy years of age, and of a clear reputation, according to Camden, .-innn/ix Rt jit
.r,,r,,l,i
per-ed those
letters, that
his lordship
miht
tint
lind
if
th.-m. or
HiimelHid) else l.rmi; th.-in In

:..ns to
-;..
him; and
his lordship
ik will)
him, he
rhonld he well used. For this tnsiired. nml lined ..4M1/. by the Star Chamber. { Sir Henry Yelverlon.
muhi send In- liny, who ..if-me. Mr Markham was
Sir John T>ndil. a ma-ter m If.lf., l- thof November, him. r\. for having made a report against him in a rauxi, wherein the sum contend. -d for did not exceed 20W. He
p. 21.
lie killed
with a
pistol, in
Lincoln
Inn. on
the
(
hansed himself
I Mr. Trott.
in
prison on the 17th of that month.
502

THE KING TO THE LORD KEEPER, IN ANS\VER TO HIS LORDSHIP S LKTTERFROM GORHAMBURY, OF JULY JAMES R.
25, 1617.
troubling you with so long a letter, specially being accompanied with other papers, I ever rest
Your majesty
-most humble
and bounden servant, FR. BACON.

This 2Ist of November, at
ten at night, [1616.]
Right trusty and well beloved counsellor, greet you well.
we
Although our approach doth now begin to be near London, and that there doth not appear any
great necessity of answering your last letter, since we are so shortly to be at home; yet we have thought good to make some observations to you
SIR
EDWARD COKE TO THE
KING.
upon the same, that you may not

inform your majesty of the motives that induced the lord chancellor and judges to resolve, that a murder, or felony, committed by one Englishman upon another in a foreign kingdom, shall be punished before the constable and marshal here in England.
err,
by mistaking
is,
MOST GRACIOUS SOVEREIGN, I think it now my duty to
our meaning. The first observation

in
we
are to
make
that,
Henry
made,
First, in the book-case, in the 13th year of King the Fourth, in whose reign the statute was
it
whereas you would invert the second sense, where we took your magnum in parvo," in account ing it to be made magnum" by their streperous carriage, that were for the match, we cannot but show you your mistaking therein. For every rong must be judged by the first violent and
" "
expressly said, one liegeman was killed in Scotland by another liegeman ; and the
is
wrongous ground, whereupon it proceeds. And was not the thefteous stealing away of the daugh ter from her own father* the first ground where
upon all this great noise hath since proceeded ? For the ground of her getting again came upon a
lawful and ordinary warrant, subscribed by one Statutum," saith the book, "de primo Henrici IV. cap. 14. Et contemporanea exposito of our council, f for redress of the former violence : and except the father of a child might be proved est fortissima in Lege." Stanford,* an author to be either lunatic, or idiot, we never read in without exception, saith thus, fol. 65, a. any By the statute of Henry IV. cap. 14. if any subject law, that either it could be lawftil for any crea ture to steal his child from him ; or that it was a kill another subject in a foreign kingdom, the wife of him, that is slain, may have an appeal matter of noise and streperous carriage for him to hunt for the recovery of his child again. in the constable and marshal
"Vide
:
"
wife of him that was killed, did sue an appeal of murder in the constable s court of England.
England before which is a case in terminis terminantibus.
And
Our next observation

test
when
the wife, if the party slain have any, shall
your affection
to
have an appeal, there, if he hath no wife, his next confess, that it is in after that you have praised his natural heir shall have parts, we * If any fact be committed out of the kingdom, Lady Hatton had first removed her daughter to Sir Ed upon the high sea, the lord admiral shall determine mund Whithipole s house, near Oatlands, without tin- know
"
is, that whereas you pro Buckingham, and thereafter some sort parent-like;" yet,
it."
If in a foreign kingdom, the cognisance belongeth to the constable, where the jurisdiction pertains to him.
it.
ledge of Sir Edward Coke ; and from thence, according to a letter of Mr. Chamberlain, dated July 19, 1617, the young lady was privately conveyed to a house of the Lord of Ari;\l,
"
And
these authorities being seen
by Bromley,
chancellor, and the two chief justices, they clearly resolved the case, as before I have certified your
majesty.
I humbly desire I may be so happy, as to kiss your majesty s hands, and to my exceeding com fort to see your sacred person ; and I shall ever
rest
Your majesty
February
25, 1616-7.
s faithful
and loyal subject,
EDW. COKE.
To
"
by Hampton-Court. "Whence," adds Mr. Chamberlain, "her father, with a warrant from Mr. Secretary [Win wood] fetched her: but indeed went farther than his warrant, and brake open divers doors before he got her." t Secretary Winwood, who, as Mr. Chamberlain observes in the letter cited in the note above, was treated with ill language at the council-board by the lord keeper, and threat ened with a pnemunire," on account of his warrant granted to Sir Edward Coke. His lordship, at the same time, told the Lady Compton, mother of the Earl of Buckingham, that they wished well to her and her sons, and would be ready to serve the earl with all true affection ; whereas others did it out of "faction" and "ambition." Which words glancing directly at Secretary Winwood, he alleged, that what he hail done was by the direction of the queen and the other |>anii-s, and showed a letter of approbation of all his courses from the
"
thf.
king
most excellent majesty.
most ancient writer on the pleas of the ciown. He was bonne in Middlesex, August 22, 1509, educated in the University of Oxford, studied the law at Cray s Inn, in which he was elected autumn reader in 1545, made serjeant in 1552, the year following queen s serjeant, and, in 1554, one of the justices of the common pleas. He died August 28, 1558.
Sir William, the
table judge what "faction or "ambi appeared in his carriage to which no answer wax re The queen, some time after, taking notice ot the disgust which the lord keeper had conceived agaii t.iry Winwood, and asking his lordship, what occasion the secretary had given him to oppose himself so violently against him, his lordship answered, "Madam, I can say no more l.ut he is proud, and I am proud." MS. letter of Mi Chamber lain, October 11, 1617.
king,
making the whole
tion"
turned.
I;I:I.ATI.\(;
TO LORD COKE.
503
will not say, that
you throw
;
all
down by
a dirert
d"
n<.t
but we .insure you imputation upon him hive had a ^reater jealousy of tnsdiscretion, deny
t"
wromj- beyond his patience; and the first hreaeh of th;it quietness, which Ir.itli ever IK-CM kept since
the heirimiing of our journey, w;is iu;ule hy them And for your laying that couiinitted tlic tlieft. the burden of your opposition upon tin- emuieil, we meddle not with that question; but the oppo-
th.ni, so far
your were
or
we any man s
.is
ci
me, ive, he ever deserved at
hands.
For you say, that you
afraid, that the height of his fortune mijjht
make him
too secure; and so, as a looker-on,
you
Engyou were afraid, that the height of his fortune might make him misknow himself. And, surely, if that be your parentlike affection" toward him, he hath no obligation
lish otherwise, than that
"
Blight Sometime tee more thtt gvnetter. we know not how to interpret this in plain
NowJ
which we justly find fault with you, was the refusal to si^n a warrant for the father to the recovery of his child, clad with those circumsition,
stances, as is reported, of your slight carriage to

I
Buckingham s mother, when she repaired to you upon so reasonable an errand. What farther opposition you made in that business, we leave it to to you for it. And, for our part, besides our own the due trial in the own time. But whereas you would distinguish of times, pretending ignoranrt; pr...f, that we find him farthest from that vice of
any courtier, that ever we had so near about us ; either of our meaning or his, when you made your so do we fear, that you shall prove the only phenix opposition ; that would have served for a reason in that jealousy of all thekingdom. Forwe would able excuse not to have furthered snch a business, be very sorry, that the world should apprehend! till you had been first employed in it: but that that conceit of him. But we cannot conceal, that can serve for no excuse of crossing any thinir, tlv.it we think it was least your part of any to enter into so nearly concerned one, whom you profess such that jealousy of him of whom we have heard you oft friendship unto. We will not speak of obligation; And as for that error for surely we think, even in good manners, you speak in a contrary style. of yours, which he lately palliated, whereof you had reason not to have crossed any thing, wherein seem to pretend ignorance; the time is so short you had heard his name used, till you had heard since you commended to him one* to be of the from him. For if you had willingly given your barons of our exchequer in Ireland, as we cannot consent and hand to the recovery of the young think you to be so short of memory, as to have gentlewoman ; and then written both to us and forgotten how far you undertook in that business, to him what inconvenience appeared to you to be before acquainting us with it; what a long jour in such a match ; that had been the part indeed ney you made the poor man undertake, together of a true servant to us, and a true friend to him. with the slight recommendation you sent of him ; But first to make an opposition; and then to give which drave us to those straits, that both the poor advice by way of friendship, is to make* the plough man had been undone, and your credit a little go before the horse. Thus leaving all the particulars of yonr carriage blasted, if Buckingham had not, by his importunity, made us both grant you more than suit, for in this business, to the own proper time, which is you had already acted a part of it, and likewise ever the discoverer of truth, we commend you to run a hazard of the hindrance of your own service, God. Given under our signet at Nantwich, in
! j
j i
by preferring a person to so important a place, the fifteenth year of our reign of Great Britain, etc. whom you so slightly recommended. Our third observation is upon the point of your opposition to this business, wherein you either do, or at least would seem to, mistake us a little. SIR HENRY YELVERTON, ATTORNEY-GENE For, first, whereas you excuse yourself of the op
positions you made against Sir Edward Coke at the council-table, both tor that, and other causes; we never took, upon us such a patrociny of Sir
RAL, TO THE LORD KEEPER BACON.
MY MOST WORTHY AND HONOURABLE LORD. I dare not think my journey lost, because I he were a man not to be the meddled withal in any casc For whatsoever yoi have with joy seen the face of my master, thou & h more c l uded towards me than I kin did against him, by our employment and com-| ked or mendation, we ever allowed it, and still do, for Sir Edward Coke hath not forborne, by any De bonis operibus good service on your part. en ine to heave at vour honour, and at myself ; B ut whereas talk of the
Edward Coke,
as
if
"
nonlapidamusvos."
riot
you and violence committed by him, we wonder and
you make no mention of the riot and violence of them that stole away his daughter, which was
the
fore
first
lie worka b y the weightiest instrument, .ho Earl of Buckingham, who, as I see, sets him as close to him a8 his shirt, the earl speak, n-r ,n Sir
Edward ground of all that noise, as we said beFor a man may be compelled by manifest s P
lrll<
s praise,
and, as
it
were, menacing in his
Mr
of
tu.-
I.n\vliT.
See the
letter of Hie Earl
of Buckingham
5th of July
My lord, I emboldened myself to assay thu temper of my Lord of Buckingham to mvself, and J . found it very fervent, misled by information,
.
504
which yet

me, and
this bearer,
also, to tax you, as if it were with you, to be unf.tithful to
3.
I find he embraced as truth, and did nobly and plainly tell me, he would not secretly bite ; but whosoever had any interest, or tasted of the opposition to his brother s marriage, he would as openly oppose them to their faces, and they
your gentleman, hath heard an inveterate custom

him, as you were to
the Earls of Essex and Somerset.

in every man s mouth in court, that your greatness shall be abated ; and
it is
That
too
common
should discern what favour he had, by the power he would use. In the passage between him and me, I stood with much confidence upon these grounds. First, That neither your lordship, nor myself, had any way opposed, but many ways had further
fair passage to the marriage. Secondly, That we only wished the manner of Edward s proceedings to have been more tem the earl s perate, and more nearly resembling
as your tongue hath been as a razor to some, so

shall theirs be to you. 4. That there are laid
ed the
Sir
up for you, to make your burden the more grievous, many petitions to his majesty against you. My lord, Sir Edward Coke, as if he were al
ready upon his wings, triumphs exceedingly; hath much private conference with his majesty; and in public doth offer himself, and thrust upon
the king, with as great boldness of speech, as heretofore.
It is thought, and much feared, that at Wood stock he will again be recalled to the counciltable; for neither are the earl s ears, nor his
sweet disposition.
Thirdly, That the chiefestcheck in this business was Sir Edward himself, who listened to no advice, who was so transported with passion, as
he purposely declined the even way, which your

lordship and the rest of the lords left both him, his
lady, and his daughter in. Fourthly, I was bold to stand
thoughts, ever off him.

Sir Edward Coke, with much audacity, affirmeth his daughter to be most deeply in love with Sir John Villiers; that the contract pretended
upon
my
ground
and so I said I knew your lordship would, that these were slanders, which were brought him of us both, and that it stood not with his honour to
give credit to them. After I had passed these straits with the earl, leaving him leaning still to the first relation of
with the Earl of Oxford

letter also, that is
is
counterfeit; and the
pretended to have come from

if I
the earl.
My
noble lord,
meanest of all
to interpose
were worthy, being the my weakness, I would
envious and odious
adversaries, I
had ventured
to
approach his majesty, who graciously gave me his hand to kiss, but intermixed withal that I de served not that favour, if three or four things were I was true, which he had to object against me.
bold to crave his princely justice ; first, to hear, which he graciously granted, and then to judge I answered said, he wished I could clear myself.
;
humbly desire, 1. That your lordship fail not to be with h-is majesty at Woodstock. The sight of you will
fright
2.
some.
but justify the
proceedings as all your fear but you pass con
That you single not yourself from other

and
I little
lords;
joint acts;
queror.
3.
would not appeal to his mercy in any of the points, but would endure the severest censure, if any of them were true. Wher2upon he said, he would
I
this business
That you retort the clamour and noise in upon Sir Edward Coke, by the vio
reserve his
judgment
till
he heard me; which
lence of his carriage. 4. That you seem not dismayed, but open your
self bravely and confidently, wherein you caa excel all subjects; by which means I know you
could not be then, his other occasions pressed him All this was in the hearing of the earl so much. and, I protest, I think the confidence in my inno;
cency made me depart half justified ; for I like wise kissed his majesty s hand at his departure; and though out of his grace he commanded my attendance to Warwick, yet upon my suit he wait on easily inclined to give me the choice, to
amaze some, and daunt others. have abused your lordship s patience long ; but my duty and affection towards your lordship but I will still wish your shall have no end honour greater, and rest myself
shall
I
:
Your honour^
Daventry, Sept.
I
3, 1617.
servant,
him
at
Windsor, or
at
London.
HENRY YELVERTON.
lord, give me leave, out of all Now, affections, that shall ever serve you, to intimate
my
my
touching yourself:
1.
beseech your lordship burn this letter. To the ri^/it honourable his singular good lorAthe great seal. ship, the lord keeper of
That every
courtier is acquainted, that the
earl professeth
openly against you, as forgetful of his kindness, and unfaithful to him in your love, and in your actions. 2 That he returneth the shame upon himself, in not listening to counsel, that dissuaded his
affections from you, and not to mount yovi so high, not forbearing in open speecn, as divers have told
TO THE MARQUIS OF BUCKINGHAM.
MY
cil,
VERY GOOD LORD,
This day afternoon, upon our meeting in coun we have planed those rubs and knots, which
I.KTTMIO RELATING To LORD COKE.

Wriv
gnod days
iliv
rti
IIH lltinii.
,1
in
t
l
my
all
l,i-t,
\\lllTrnfI
liis
thought
1
i
The
fiil/niring jinjicrx^ cniiliilninfr the Isird
Chun*
jiri-srutlv
advi rtisr
majl
!\. all
cellur
Eksmere
s
"
hold
1
without
qiH stiun,
at
and
s
delays
Coke
Sir Ivluard
and iplirtrd. okr was

<
Reports"
exceptions to .Vr J lit nurd and Sir ltd ward?* answers^
Friday
hearing, but
\\.i>
nil in hi* night-cap i complained to me, inI would be sorry he Hiubulaiit, and not current. should t .il us in this cause. Therefore I desired
.
t/mn^/i Mr. Xi>]-nni3. hm-ing never been vfin had cojried them from tin urt iziiiti/*, *iunrd to have given them to the public, tiny are sub
j>rin/t</,
<ii
joined here in justice

great
offence
is
to
the
memory
especially
majesty to signify to him by your lordship, taking kii"\vlrdi:r of some light indisposition of much he should think his service disadIIH,
liis
h"\\
lawyer
and judge;
above
if that as the
taken at his
"/ftywr/s"
by King Jniina,
of
the
mentioned
in the
letter
lord
vaut.iiM d
iii
away
for
this cause, if he should be at any day then he cannot sentence.

I
chancellor
and
Sir Francis Bacon, of October 16,
By my next
rest
coiMit of the tobacco
will give his majesty some acI ever and the currants.
1616,
to that
king.
S
TO THE KING
Your
lordship s most obliged friend and faithful servant,
MOST EXCELLENT MAJESTY.

:
IT
MAY PLEASE YOUR MOST EXCELLENT MAJESTY
FR. VERULAM, Cane.

November
20 at evening, 1619.
According to your majesty s directions signified unto me by Mr. Solicitor, I called the lord chief justice before me on Thursday the 17th of this instant, in the presence of Mr. Attorney and
others of your learned counsel.
I
did let
him
know your majesty
TO THE KING.
acceptance of the few ani madversions, which, upon review of his own la bours, he had sent, though fewer than you ex
s
MAY
Sir
to
IT
PLEASE YOUR MAJESTY,

is
Edward Coke your command,
pected, and his excuses other than you expected, a foot, and, according as, namely, in the prince s case, the want of the Mr. Secretary original in French, as though, if the original had signified by
now
we proceed in Peacock s examinations. For although there have been very good diligence used, yet certainly VTP are not at the bottom ; and he, that would not the utmost of his line to sound such a b sire r s this, should not have due your majesty s honour nor regard, ncuber
Calvert,
>\re
t"
in Latin, then he had not primogenitus" committed any error. I told him farther, that because his books were many, and the cast s therein, as he saith, 500, your majesty, out of
been
"
in that
yourgracious favour, was pleased, that his memory should be refreshed ; and that he should be put in
safety.
case ajr-un
mind of some passages dispersed in his books, Luke Hutton s which your majesty, being made acquainted with, Roos personated Luke doth as yet distaste, until you hear his explana ; Lady Hutton, so, it seemeth, Peacock personateth At tion and judgment concerning the same. And But I make no judgment yet, but will go that out of many some few should be selected, kins.
mm
woild Hunk ho
for ?s try
v/ere in
all diligence: and, if it may not be done otherwise, it is fit Peacock be put to torture. He deserveth it as well as Peauham did.
on with
and that
at this time he should not be pressed with more, and these few not to be the special
and principal points of the cases, which were judged, but things delivered by discourse, and, as it were, by expatiation, which might havt been I always make my particular a cipher, when spared and forborne, without prejudice to the there is question of your majesty s honour and judgment in the principal cases. I think myself honoured for being brought Of this sort Mr. Attorney and Mr. Solicitor service, into so good company. And as, without flattery, made choice of five specially, which were read 1 think your majesty the brst of kings, and my heard them distinctly to the lord chief justice. He noble Lord of Buckingham the best of persons with good attention, and took notes thereof in favoured ; so I hope, without presumption, for my writinir, and, lest there might be any mistakinf-honest and true intentions to state and justice, ithrr in the declaring thereof unto him, or in hi and my love to my master, I am not the worst of misconceiving of the same, it was thought good
beseech your rnjesty not to think I am more bitter, because my i ime is in it; for, besides that
I
t
chancellors.
to deliver
unto him a true copy.
pon consi
God
ever preserve your majesty. Your majesty s most obliged and most obedient servant.
deration whereof, and upon advised deliberation, he did yesterday in the afternoon return unto me.
in the presence of all
your learned counsel,
copy
FR. VERULAM, Cane.

February,
10, 1610.
of the five points before mentioned, and his answer at large to the same, which I make bold to pie-
VOL.
II.
64
2U
506
went herewith

2,
to your majesty, who can best discern and judge both of this little which is done, and what may be expected of the multiplicity of
chap. 38,
"et
artic.
super
cart."
chap. 9,
Hene
saith,
Some
statutes aie
right,
other cases of the
like
sort,
if
brought to further examination. done in this hath been by your majesty s commandtnent and direction, in presence of all your learned counsel, and by the special assistance and advice of your attorney and solicitor.
I
they shall be All that I have
which they, that would not put them in execution, The statute of H. II. chap. 21, gives a writ of
"
made against law am made them, perceiving
Cessavit haeredi petenti super haeredem tenant et super eos, quibus alienatum fuerit hujusmodi
tenementum."
And
yet
it
is
adjudged
in
33 E.
\
\\<>
know obedience
is
better than sacrifice; for
I would have been an humble suitor to your majesty to have been spared in all service dieth, the aunt and the niece shall not join in a I thank God, cessavit," because that the heir shall not have concerning the lord chief justice. I forget not the fifth petition, "Dimitte nobis a "cessavit," for the cessor in his ancestor s debita nostra sicut, etc.;" but withal I have learned time. Fitz. N. B. 209, F ; and herewith accords this distinction: there is, 1. Remissio vin- Plow. Com. 1 10. And the reason is, because that dictae." 2. "Remissio pcsnae." 3. "Remissio in a cessavit," the tenant, before judgment, may The two first I am past, and have render the arrearages and damages, etc., and retain judicii." But the last, which his land : and this he cannot do, when the heir freely and clearly remitted. cessavit" for the cessor in the time is of judgment and discretion, I trust I may in bringeth a Christianity and with good conscience retain, and of his ancestor; for the arrearages incurred in the life of his ancestor do not not to trust too far, etc. belong to the heir. I must beseech And, because that this is against common right your majesty s favour to excuse me for all that I have here before written, but and reason, the common law adjudges the said act The statute specially for this last needless passage ; wherein of parliament as to this point void. I fear your majesty will note me to play the of Carlisle, made anno, 35 E. I. enacteth, That divine, without learning, and out of season. So, the order of the Cistertians and Augustins have a with my continual prayers to God to preserve convent and common seal ; that the common seal your majesty with long, healthful, and happy shall be in the custody of the prior, which is life, and all earthly and heavenly felicity, I rest under the abbot, and four others of the discreetest of the house ; and that any deed sealed with the Your majesty s humble and
otherwise
42, where the case wa*. copartners, lords and tenant by fealty and certain rent ; the one copartner hath issue, and
III.
"tit.
cessavit"
"
"
"
"
faithful subject
and servant, T. ELLESMERE, Cane.
common And the
seal, that is not so kept, shall
be void.
At York House,
22 Oct. 1616.
opinion in the 27 H. VI. tit. Annuity 41, was, that this statute is void; for the words of the book are, it is impertinent to be observed :
THE HUMBLE AND DIRECT ANSWER TO THE FOURTH QUESTION ARISING OUT OF DR. BONHAM S CASE.
IN this case
I
being in their custody, the abbot cannot seal any thing with it; and, when it is in the hands of the abbot, it is out of their custody facto." And, if the statute should be "ipso observed, every common seal might be defeated
for the seal
am
required to deliver
what
mean by this passage therein, That in many cases the common law shall control acts of parliament;
and sometimes shall adjudge them to be merely void; for where an act of parliament is against common right and reason, the common law shall control it, and adjudge it to be void. The words of my report do net import any new opinion, but only a relation of such authorities of, law, as had been adjudged and resolved in ancient and former times, and were cited in the argument of Bonham s case and, therefore, the words of iny book are these: appeareth in our books, that in many cases the common law shall control acts of parliament, and sometimes shall adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or
; "It
[
by a simple surmise, which cannot be. Note, words of the said statute made at Car Statutum Relisle, anno, 35 E. I. which is called
reader, the
"
ligiosorurn,"
are these:
et statuit,
"
Et insuper ordinavit
dominus rex
et
quod abbates Cistercienses
Praemonstratenses ordinum religiosorum, etc. de cetero habeant sigillum commune, et illud in custodia prioris monasterii seu domus et quatuor de dignioribus et discretioribus ejusdem loci con-
ventus sub
privato custod. deponend.
sigillo
Et
si
abbatis ipsius loci forsan aliqua scripta
ohligationum, donationum, emptionum, venditionum, alienationum, seu aliorum quorumcunque contractuum alio sigillo quam tali sigillo communi
sicut
praemittitur
firmitate."
custodit,
inveniatur
amodo,
sigillata pro nullo penitus
careant
So the
habeantur, omnii|iie statute of 1 E. VI
repugnant or impossible to be performed, the chap. 14, gives chanteries, etc., to the king, saving common law shall control this, and adjudge such to the donor, etc., all such rents, services, etc.; act to be void." And, therefore, in 8 E. III. 30, and the common law controls this, and idjudgM Thomas Tregor s case, upon the statute of West, it void as to the services; and the donor shall

h.ivo
tin-
507
wrong
or
rent us a n-nt-s. -rk to distrain of

it
common ment
of inferior magistrates, so as no
should be against common right and Hi. that the king should hold of any, or do suit to any of his sul.jirts, Eli/. Dyer, 3i:.
ri^lit;
fur
MM
injury, etc.
All which
I most humbly submit to your majesty s princely judgment,
And
in the
so
it
was adjudged Mich.
Iti
and 17 Eli/.
So, if any
<>r
Ems. COKK.
common place in Stroud s case. act of parliament give to any to hold,

conusance of
all
to
havn
MAY
IT PLEASE
YOUR LORDSHIP,
arising within his
no
plea,
manner of pleas before him Above a year past, in my late lord chancellor s manor of D., yet he shall hold time, information was given tu his majesty, that whereunto himself is a party, for Ini- I having published in eleven works or books of
rei
above GOO cases one with an had written many things against his ma and I finding them truly vouched, I re jesty s prerogative. And I being by his majesty s ported them in this case, as my part was, and had gracious favour called thereunto, all the excep no other meaning than so far as those particular tions, that could be taken to so many cases in so cases there cited do extend unto. And therefore many books, fell to five, and the most of them the beginning is, It appeareth in our books, etc. too were by passages in general words ; all which And so it may be explained, as it was truly in I offered to explain in such sort, as no shadow
quum est aliquem suae Which cases being
esse
judicem."
reports, containing
other,
cited in the
argument of
this case,
tended. In
all
which
s
your majesty
most humbly submit myself princely censure and judgment. EDW. COKE.
I
to
should remain against his majesty s prerogative, as in truth there did not; which whether it were related to his majesty, I know not. But there
upon the matter has
slept all this time; and now the matter, after this ever blessed marriage, is
revived, and two judges are called by my lord keeper to the former, that were named.
My
THE HUMBLE AND DIRECT ANSWER TO THE

LAST QUESTION ARISING UPON BAGG
IT was resolved, that
S CASE.
s
humble suit to your lordship is, that if his ma jesty shall not be satisfied with my former offer, viz. by advice of the judges to explain and publish
as
is
to this court of the
king
may remain
2.
aforesaid those five points, so as no shadow against his prerogative ; that then all
bench belongeth authority not only
to correct
the judges of England
may be
s
called hereunto.
I
errors in judicial proceedings, but other errors and misdemeanors tending to the breach of the peace,
That they may

for his
certify also
what cases
have
or oppression of the subjects, or to the raising of faction or other misgovernment so that no wrong
:
for the
majesty prerogative and benefit, good of the church, and quieting of men s inheritances, and good of the commonwealth ; for
published
or injury either public or private can be done, but it shall be reformed and punished by law.
which purpose
to the judges,
have drawn a minute of a

I
letter
Being commanded to explain myself concern ing these words, and principally concerning this word, "misgovernment;" I answer, that the subject-matter of that case concerned the misgovernment of the mayors and
other the magistrates of Plymouth. And I intended for the persons the misgovern ment of such inferior magistrates for the matters in committing wrong or injury, either public or
assure myself your lord ship will judge reasonable ; and so reposing my self upon your lordship s protection, I shall ever
which
remain,
Your most bounden

Superscribed,
servant,
EDW. COKE.
To
the right honourable his singular good lord, the his majesty s privy
Earl of Buckingham, of
council.
clause
by law, and therefore the last "and so no wrong or injury, either public or private, can be done, but it shall oe reformed and punished by law and the rule
private, punishable
was added,
;"
THE LETTER TO THE

WHEREAS,
in the
JUDGES.
is
"
verba intelligenda sunt secundum subjectam

time of the late lord chancel
that divers cascb
materiam."
And
that they
and other corporations might*

j
lor,
intimation
was given unto us,
know, that factions and other misgovernments were published in Sir Edward Coke s repoits, amongst them, either by oppression, bribery, un tending to the prejudice of our prerogative royal ; just disfranchisements, or other wrong or injury, whereupon we, caring for nothing more, as by our
public or private, are to be redressed and punished by law, it was so reported.
j
kingly office we are bounden, than the preservatiun of prerogative royal, referred the same and there
:
I
But, if any scruple remains to clear it, these upon, as we are informed, the said Sir Edward words may be sdded "by inferior magistrates;" Coke being called thereunto, the objections \vn and so the sense shall be by faction or misgovern- reduced to five only, and most of them consisting
!
508
CHARGE AGAINST WHITELOCK.

I
as
in general terms; all which Sir Edward offered, we are informed, to explain and publish, so as
charged, for as to Sir Robert Mansell, to my part only to be sorry for his error,
:
take
it
is a
con
no shadow might remain against our prerogative. tempt of a high nature, and resting upon two And whereas, of late two other judges are called parts on the one, a presumptuous and licentious Now our pleasure censure and defying of his majesty s prerogative to the others formerly named. and intention being to be informed of the whole in general the other a slander and traducement truth, and that right be done to all, do think it fit, of one act or emanation hereof, containing a com
;
that
all
exchequer,
the judges of England, and barons of the who have principal care of our pre
rogative and benefit, do assemble together con
mission of survey and reformation of abuses in the office of the navy. This offence is fit to be opened and set before
cerning the discussing of that, which, as is afore said, was formerly referred ; and also what cases Sir Edward Coke hath published to the maintenance of our prerogative and benefit, for the safety and increase of the revenues of the church, and for
ral
your lordships, as it hath been well begun, both in the true state and in the true weight of it. For
as I desire that the nature of the offence
may
ap
pear in
its true
desire, that the
colours; so, on the other side, I shadow of it may not darken or
involve any thing that is lawful, or agreeable which we with the just and reasonable liberty of the subject. First, we must and do agree, that the asking, require your advice and careful considerations; and that before you make any certificate to us, and taking, and giving of counsel in law is an confer with the said Sir Edward, so as all essential part of justice; and to deny that, is to you shut the gate of justice, which in the Hebrew s things may be the better cleared. To all the judges of England* and commonwealth, was therefore held in the gate, to show all passage to justice must be open: and barons of the exchequer. certainly counsel in law is one of the passages. But yet, for all that, this liberty is not infinite and
s inheritances,
:
the quieting of good of the
men
and the gene
commonwealth
in all
In the library of the late Thomas, Earl of Lei cester, the descendant of Sir Edward Coke, at
without limits.
If a jesuited papist should
sel
(I
Holkham
in Norfolk, is a
copy of the
Novum
come, and ask coun
Organum, entitled Instauratio Magna, printed by all the acts of parliament made in the time of John Bill in 1G20, presented to Sir Edward, who, Queen Elizabeth and King James are void or no;
at the top of the titlepage, has written, ex dono auctoris.
put a case not altogether feigned) whether
Edw.
C.
Auttori Consilium. fnstaurare paras veterum documenta. sophorum fnstaurare Leges Justitiamq prius.
,*
because there are no lawful bishops sitting in the Upper House, and a parliament must consist of lords spiritual and temporal and commons ; and a lawyer will set it under his hand, that they be all
void, I will touch his counsel.
if
And over the

Hercules
s pillars, Sir
:
device of the ship passing between Edward has written the two
him
for
high treason upon this
following verses
"
It
deserveth not to be read in schooles, But to be freighted in the Ship of Fools:"
a puritan preacher will ask counsel, So, whether he may style the king Defender of the
alluding to a famous book of Sebastian Brand, born at Strasburgh about 1460, written in Latin
lish in 1508,
presbytery
Faith, because he receives not the discipline and and the lawyer will tell him, it is no ;
and High Dutch verse, and translated into Eng his opinion to Sir Robert Mansell, treasurer of the navy, and by Alexander Barklay, and printed vice-admiral, that the commission to the Earl of Nottingham, lord high admiral, for reviewing and reforming the disorders at London the year following by Richard Pynson, committed hy the officers of the navy, was not according to VII. and Henry VIII., in folio, law though Mr. Whitelocke had given that opinion only in printer to Henry the following title, "The Shyp of Follys private to his client, and not under his hand. Sir Robert with
;
of the World
Mary
Latin,
translated in the Coll. of Saynt Otery in the counte of Devonshyre, onte of

:
Frenche, and Doche, into Englesshe in tongue, by Alex. Barklay, preste and chaplen It was dedi the said College M,CCCCC,VIU." the translator to Thomas Cornish, Bish cated
Mansell was also committed tothe Marshalsea, for animating the lord admiral against the commission. [Sir Rul|>h Windwood s Memorials ,,f State, Vol. III. p. 460.] This Mr. White locke was probably the same with James Whitelorke, who was born in London, 28 November, 1572, educated at Merchant-taylor g school there, and St. John s collece in Oxford, and studied law in the Middle Temple, of which he was sum mer reader in 1619. In the preceding year, 1618, he stood for the place of recorder of thr city of London, but was not elect ed to it, Robert Heath, Esq. being chosen on the 10th of No. vember, chiefly by the recommendation of the king, the city
by
and op of Tine, and suffragan Bishop of Wells, adorned with great variety of wooden cuts.
fHR CHARGE AGAINST MR. WHITELOCK.*
MY
*
LOKDS,
offence,
The
wherewith
in
Mr Whitelocke
fur
is
May, 1613, to the the marshal s court, and gjx;a king too bouily against
He had been committed,
Fleet, for
giving
having been told, tliat they must choose none whom hi* majesty should refuse, as he did in particular except to Mr. Whitelocke by name. [MS. letter of Mr. Chamberlain to Mr. Whitelocke. Sir Dudley Carleton, November 14. 1816.] however, was called to the degree of Serjeant in Trinity term, HV20. knighted, made chief justice of Chester : and at last, on the 18th of October, 1621, one of the justices of the kins i bench; in which post he died, June, 1632. He was fuller ,,f HuUtruJe Whitelocke, Esq. ; commissioner of the great v;U.
(ii \KM;I:
part of the Icing s stylo,
? lalvyer. Or if a (rihiuiitioiis
it
\(.
\I\ST \vnrnaocKE.
exceeding tender and sparing in it ; is in all our law not three cases of it.
very case of 21 Ed. III. ass. pi
sr
509
.hat thc-ro
in that
will go hard with such

Lr
;ni(l
And
Mr. usk a lawyer, whether iho oath and band of \Vhhelorke vouched, where, as it was a commis allegiance be to tbe kingdom and crown only, and sion to arrest a man, and to carry him to prison, and not to the kin , us w;is Hugh Spenser s case, and to seize his goods without any form of jn>ur. .r he deliver liis opinion us Hugh Spenser did; he examination preceding; and that the judges saw will be in Hugh Spenser s danger. it was obtained by surreption yet the judges said So as tin- privilege of giving counsel proveth they would keep it by them, and show it to the not all opinions: and as some opinions given -,ire king s council.
"
popular spirit will
e.
whic-h
-,
traitorous
so are there others of a
much
inferior
But Mr. Whitelocke did not advise

to acquaint the
his client
And among nature, which are contemptuous. these I reckon Mr. Whitelocke s; for as for his loyalty and true heart to the king, God forbid I
should doubt
it.
king
s council
with
it is
it,
but pre
sumptuously giveth opinion, that

not so
void.
Nay,
much
as a clause or passage of modesty, as
Therefore, let no
man mistake so
far,
as to con
that he submits his opinion to censure : that it is too great a matter for him to deal in; or this is
ceive, that any lawful and due liberty of the sub ject for asking counsel in law is called in question when points of disloyalty or of contempt are re
my
manibus,"
But illotis opinion, which is nothing, etc. he takes it into his hands, and pro"
the grace and favour of the king and his courts, that if the case be ten der, and a wise lawyer in modesty and discretion
strained.
it is
Nay, we see
nounceth of it, as a man would scarcely do of a warrant of a justice of peace, and speaks like a this is law," and this is against dictator, that
"
law,"
etc.*
refuseth to be of counsel, for you have lawyers sometimes too nice as well as too bold, they are then ruled and assigned to be of counsel. For certainly counsel is the blind man s guide ; and sorry I am with all my heart, that in this case the blind did lead the blind.
ROBERT EARL OF SOMERSET TO SIR THOMAS OVERBURY.f FROM A COPY AMONG LOUD BACON S PAPERS IN THE LAMBETH LI
BRARY.
SIR,
I
For the offence,

charged,
first,
I
for
which Mr. Whitelocke
is
hold
:
it
as in
two parts him is, a
and to have, as I said at the one a censure, and, as much

great,
king and depravation of the king in this commission.
circling, nay, a clipping, of the s prerogative in general ; the other, a slander

s
have considered that my answer to you, and I have otherwise to say, will exceed the bounds of a letter; and now having not much power and honour time to use betwixt my waiting on the king, and the removes we do make in this our little pro
what
And
for the first
of these, I consider
that he
it
three degrees:
first,
presumed
to
again in censure
whom
gress, I thought fit to use the same I have heretofore many times
man
to
you,
the king s prerogative at all. Secondly, that he runneth into the generality of it more than was
the same business.
He
employed in has, besides, an account
and a better description of
me
to
give you, to
And, lastly, pertinent to the present question. that he hath erroneously, and falsely, and danger
ously given opinion in derogation of it. First, I make a great difference between the king s grants and ordinary commissions of justice,
and the king s high commissions of regiment, or mixed with causes of state. For the former, there is no doubt but they may be freely questioned and disputed, and any defect in matter or form stood upon, though the king be
* Sir H. Wi.i .ni, in a letter of his (o Sir Edmund Rnron, written about the beginning [Reliq. Wotton, p. 421, edit. 3d,] of Juno, 1613, in. mi. .IK, that Sir Robert Mangel! and Mr. Whitelocke were, on the Saturday before, called to a very honourable hearing in the queen s presence-chamber at Whitehall, before the lords of the council, with intervention of the l.nr.l Chief Justice Coke, the Lord Chief I! iron Tantield, and the master of the rolls ; the lord chief just iceof the king s bench,
many
Hut
times the adverse party

for the latter
sort,
they are rather to be dealt with, if at all, by a modest, and humble intimation or remonstrance to his majesty and his
council, than
Fleming, being kept at home by gome infirmity. There the attorney and solicitor first undertook Mr. Whiielocke,and the recorder, [Henry Montagu,] as the king s Serjeant, Sir Robert Mansell, charging the one as a counsellor, the other as a quetioner, in matters of the king s prerogative and sovereignty upon occasion of a commission intended for a research into Whitelocke in his anthe administration of the admiralty.
"
swer,"
by bravery of dispute or peremptory

is
opposition. Of this kind
which
rc _nis
is
said in Bracton,
that properly to be understood, l)e chartis et f.ietis

"
adds Sir Henry Wotton, "spake n.cire confuse.% than was ox|>erted from a lawyer; and the knight iimn- in.iper.ilely than was expected from a soldier .... Wlut.-lm ke ended his speech with an absolute confession of his own proini-,- of, in ploying himself hereafter in offence, ami with defence of III. kineN |>ren.|Mlive .... In tins they i;.-m-i tlly agreed, both counsellors and judges, to represent the tumuli*
:i
non ddientant possunt
justitiarii
aut privatae
lion of both the prisoners to the kmir. in lieu of innocent), intercede I .ir hisgrai ions pardon which was done, and and
I"
personae disputare, sed tutius est, ut expectetur Bententia retris."
aco.rdiiiiiK the next
day they were enlarged upon a submission
under
writing."
And
the king s courts themselves have been
as committed to the Tower on the 21st of April. 101S, II. \ and died there of poison on the 15th of September following
VI
LETTERS RELATING TO LEGAL PROCEEDINGS.

ir.ake a repetition of the this business, that you
former carriages of
all
latter,
touching the book and the
letter in tlu gilt
may
distinguish
that,
which he did by knowledge of mine and

tion,
direc
apple, and have advisedly perused and \\i i^lied all the examinations and collections which were
and betwixt that he did out of his own dis With all this he cretion, without my warrant. has to renew to you a former desire of mine, which was the groundwork of this, and the chief errand of his coming to you, wherein I desire your answer by him. I would not employ this gentle man to you, if he were, as you conceit of him, your unfriend, or an ill instrument betwixt us.
good
formerly taken; wherein we might attribute a deal of worthy industry and watchful
inquiry to my Lord of Canterbury. thought fit also to take some new examinations; which
We
was
j i
the cause
we
certified
no sooner.
Upon
the
So owe him the testimony of one, that as honestly, and given more praises of you, than
any man that has spoken
haste at this time
:
whole matter, we find the cause of his imprisoninent just, and the suspicions and presumptions many and great; which we little need to mention, has spoken because your majesty did relate and enforce them
|
to
us in better perfection, than
we
can express
to
me.
to
end sooner My than I expected but the subject of my next send The pursuivant insisting upon opening the papers, amcng ing shall be to answer that part you give me in them wag found Balaam g with new annotations; of your love, with a return of the same from which, upon examination, Williams confessed himself to be the author. He was brought to trial on the 3d of May, 1C19, Your assured loving friend,
.-/ .-.-,
makes me
bundle of papers sealed up; which the pursuivant going to open, Williams made some resistance, pretending they were evidences of a gentleman whose law businesses he transacted.
R. SOMERSET.
Endorsed,
for writing that

in
and another book entitled Speculum Regale, both of which he had presumed to prophesy, that the king
die in 1621, grounding this prediction
would
on the prophecy
Lord Somerset
s first letter.
IT
have, with all possible care and diligence, considered Cotton s* cause, the former and the
* The case of this gentlpman will render the detail of it necessary for the illustration of this letter; and the circum stances of it, not known in our history, may be thought to de serve the reader s attention. He was a native of the West of England, and a recusant, against whom a proclamation was issued in June, 1613, charging him with high treason against the king and state, for having published a very scandalous and railing book against his majesty, under the title of Balaam s Just at .fos, which was dropped in the gallery at Whitehall. the time of publishing this proclamation, he happened to cross the Thames, and inquiring of the watermen what newsl
they, not knowing him, told him of the proclamation. At .anding, he muffled himself up in his cloak, to avoid being known ; but had not gone many paces, when one Mr. Maine, a friend of his, meeting and discovering him, warned him of
; and being asked what he would advise him to do, it to him to surrender himself; which he did to the Earl of .Southampton. He denied himself to be the author of the libel : but his study being searched, among his papers were found many parts of the book, together with relics of those persons who had been executed for the gunpowder treason, as one of Sir E verard Digby s fingers, a toe of Thomas Percy, some other part of Catesby or Rookewood, and a piece of one of Peter Lambert s ribs. He was kept prisoner in the Tower till March, 161*, when the true author of the libel was discovered to be John Williams, Esq., a barrister of the Mid dle Temple, who had been expelled the House of Commons on account of his being a Papist. The discovery was owing to this accident a pursuivant in want of money, and desirous to get Borne by his employment, waited at the Spanish ambassador s door, to see if he could light upon any prey. At last came out Mr. Williams, unknown to the pursuivant ; but earning, in his conceit, the counterance of a priest. The pursuivant, there fore, followed him to hU inn, where Williams having mounted his horse, the pursuivant came to him, and told him, thai lie. must speak a word or two with him. "Marry,with all my lie ut." You must li?ht, ant lul Williams; "what i.i youi pleasurel" nwereil 111- piirsiiivant:/ur you art a priest. priest?" rrptinl have a good warrant to the contrary, for h.i\e Williams ; wife nml fhildit-n." Being, however, obliged to ili-t MI, the pursuivant searched him ; and in his pocket was found a
We
TO THE KING. MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
his danger
of Daniel, where the prophet speaks of time and times, and half a time. He farther affirmed, that Antichrist will be re vealed when sin shall be at the highest, and then the end ii nigh that such is our time sin is now at the highest ; ergo, that the land is the abomination of desolation mentioned by Daniel, and the habitation of devils, and the antinmrk of Christ s church. Williams s defence was, 1. That what he had written was not with any malice or disloyalty of heart towards the king, but purely from affection, and by way of caution and admonition, that his majesty might avoid the mischiefs likely to befall him ; having added in his book, when he delivered the threats of judgment and destruction, vhirk God avert, or such words. 2. That the matter rested only in opinion and thought.and contained no overt act ; no rebellion, treason, or other mischief following it. 3. That he had en closed his book in a box sealed up, and secretly conveyed it to the king, without ever publishing it. But the court was unanimously of opinion, that he was guilty of high treason ; and that the words contained in the libel, as cited above, im ported the end ami destruction of the king and his realm; and that antichristianisrn and false religion were maintained in the said realm; which was a motive to the people to com mit treasons, to raise rebellions, &c., and that the writing of the book was a publication. Reports of Henry Rolle, terjeant at law, part II. p. 88. In consequence of this judgment he bad a sentence of death passed upon him, which was executed over against Charing-cross two days after. MS. letters of Mr. Thomas Lorkin to Sir Thomas Puckering, Bart., dated at
: :
recommended
London, June the 24th and 30th, 1613, and March the 16th, 1618-9, and May the 4th and 5th, 1619, among the Harleian Mss. vol. 7002. At his death he adhered to his profession of the Roman Catholic religion, and died with great resolution. He prayed for the king and prince ; and said, that he was sorry for having written so saucily and irreverently ; but pretended that he had an inward warrant and particular illumination to understand certain hard passages of Daniel and the Revela MS. letter of John tion, which made him adventure so far. Chamberlain, Esq. to Sir Dudley Carleton, dated at London,
May
in
8, 1619.
"A
"I
This case was urged against the men bishopt at thi ir trial King James II. s reign by Sir William Williams, then solicitor-general, who observed, Trial, p. 76, that it had been made use of by Mr. Solicitor-General Finch on the trial of Col. Sidney, ami wan the great case relied upon, and that guided and governed that case;" though there is nothing of this, that appears in the printed trial of Sidney. It is but justice to the memory of our great antiquary, sir Robert Cotton, Bart., to remark here a mistake of Dr. Thomas Smith in his life of Sir Robert, p. 20, prefixed to his catalogue of the C-ottonian library, where he has confounded the Cotton mentioned in the beginning of this note, with sir Robert Cot
"
and rrroiienn-h supposed, that the suspicion of having written the libel had fallen upon the latter.
ton,
LI:TTI:KS
Hut, nevertheless, the proofs seem to us amount to this, that it was possible he should be the man; and that it was probable, UfctwiM, he wus the man: but no convicting proK that
PROCEKDI\(.S.
TO MR. MURRAY.
MH. MI-RRAY,
511
them.
to
My
lord chancellor, yesterday in
my
presence,
may satisfy a jury of life and drath, or that may make us take it upon our conscience, or to think
it agreeable to your majesty s honour, which next Mir eniiscience to God, is the dearest thing to us on earth, to bring it upon the stage which, not
:
had before him the judges of the common pleas, and hath performed his majesty s royal command in a very worthy fashion, such as was fit for our master s greatness; and because the king may know it, I send you the enclosed. This seemeth to
withstanding, we, in
your majesty s and the manner of his delivery, he having so many notes of a dangerous man, we leave it to your And so, commending your princely wisdom. majesty to God s precious custody, we rest Ymir majesty s most humble and bounden FR. BACON, servants,
humbleness, submit to better judgment. For his liberty,

all
have wrought the effect desired ; for presently I sent for Sir Richard Cox,* and willed him to present himself to my Lord Hobart, and signify his readi He came back to me, and told ness to attend.
me, all things went on. I know not what after wards may be ; but I think this long chase is at
an end.
I
ever rest
Yours assured,
FR. BACON.
January
25, 1614.
H. MONTAGU, H. YltVBRTON.
22 Jan
1613.
TO MR. MURRAY. TO JOHN MURRAY* OF THE BED-CHAMBER TO MR. MURRAY,
THE
MR. MURRAY,
1
KlNG.f
have care of the
pray deliver the enclosed to his majesty and letter I have written
^kerwards.
my
my
I
keep the same measure in a proportion with master and with my friend ; which is, that I
also to his majesty aoBut your reference to this purpose, that if you can get power over the whole
title, it
will never deceive
them
in
any thing, which

faileth
is
in
may
I
be safe for his majesty to assent, that
power
and when
is
my power
my
will,
you may
farthest
try the right
upon the deed. This
is
the
am sorry. Monday
what
can go.
ever rest
the
day appointed
for
performing
February
28, 1614.
Yours assured,
FR. BACON.
his majesty s
tell
commandment.
Till then I cannot
advise you farther, except it should be this, that in case the judges should refuse to take order in it themselves, then you must think
to
of some warrant to Mr. Secretary, who is your friend, and constant in the businesses, that he see forthwith his majesty s commandment executed, touching the double lock; and, if need be, repair
to the place,
TO THE KING.
MAY
IT
PLEASE YOUR MOST EXCELLENT MAJES1
f,
I send your majesty enclosed, a copy of our last and see by view the manner of keep examination of Peacham,j taken the 10th of this the seal ; and take order, that there be no stay ing for working of the seal of justice, nor no prejudice He was one of the masters of the green cloth, and had to Killegrew s farm, nor to the duty of money had a quarrel at court during the Christinas holy-days of the year 1014, with Sir Thomas Erskine which quarrel was made Whether this re to the chief
justice. may paid quire your presence, as you write, that yourself can best judge. But of this more, when we have
It is my duty, as received the judges answer. much as in me is, to procure my master to be
to put to Sir
obeyed.
ever rest
up by the lords of the marshal s court, Sir Richard being obliged up with very foul words. MS. Idler of Mr. Chamberlain Dudley Carleton, January 12, 1614-5. t Edmund Peacham, a minister in Somersetshire. [MS. let I find one ter of Mr. Chamberlain, dated January 5, 1614-5.] nf both hix names, who was instituted into the vicarage of in Hertfordshire, July 22, 1581, and resigned it in 1587. Uiilf,
iniit.-.l
Your
January
I
21, 1614.
friend
and assured, FR. BACON.

letter to his
Mr. Peacham wan com [Nt.-wri.url, Kcpurter, vol. i. p. 864.] toth Tower for inserting several treasonable passages
pray deliver the enclosed
majesty.
hi* very good friend Mr. his majesty s bed-chamber.
John Murray, of
He wai
-o
Ottoman Porte,
er.-ai.-.l
created Viscount of Annan in Scotland in August uKioiu of Sir Thomas Roe, in ku emboMy to the In April, 1621, the I-ord Annan was p. 03.
a sermon never preached, nor, as Mr. Justice Coke remark* Reports during the reign ol King Charles I., p. 125, erer Mr. Chamberlain, in a letter of the 9tb of February, 1614-5, to Sir Dudley Carleton, mentions Mr. Peacham s having been strrtcht-d already, though he be an old man. and, they say, much above threescore: but they could wring nothing out of him more than they had at first in Yet the king U extremely incensed against him, his pipers. ami will have him prosecuted to the utmost." In another
in in his
intended to be preached.
"
letter, dated February 23, ince his coming tn London
Karl .f
Annsndale
in rti-otland.
Itii.l.
p.
236.
of the judges severally
t Tin* and the following letters, are printed from Harl. MsiS. vol. 6068
are informed, that Hi- king, 15th, had had "Hit- opinion s case; and it u said, that in.. -I ..t lli- in i-niirur to find it treason yet my I.nrd Chief Justice [Coke] U for the contrary ; and if the Lurd Hubart, that
we
on the
in
IVa<
ham
512

SUPPLEMF.NT OF TWO PASSAGES OMITTED IN THE EDITION OF SIR FRANCIS BACON S SPEECH IN THE KIN(i S HKNCH, AGAINST bring. OWEN,* AS PRINTED IN HIS WORKS. down
. I j
present ; whereby your majesty may perceive, that this miscreant wretch goeth back from all,
and denieth his hand and
all.
No
doubt,
fully of belief, that he should go presently to his trial, be meant now to repeat his part,
which
Jljltr
the
words
[it is bottomless]
in the paragraph
he purposed
to
play in the country, which
deny
all.
But your majesty in
was to your wisdom per-
beginning [for
second point,
[I
the treason
itself,
which
is the
etc.,"]
add
ceiveth, that this denial of his hand, being not
whereof it may be said, "from the beginning it and admitted, could not mend his case before any was not You are indicted, Owen, not upon in the world, but rather aggravateth it by his any statute made against the pope s supremacy, jury notorious impudencyand falsehood, and will make or other matters, that have reference to religion;
so."
and to be sworn by possible to be counterfeited, Adams, and so oft by himself formerly confessed
the nature of
said in the beginning, that this treason, in It is not of the treasons, it, was old.
him more odious.
He
never deceived
me;
for
but merely upon that law, which

the
was born with
others had hopes of discovery, and thought time well spent that way, I told your majesty
when
and that he now did pereuntibus mille figurae but turn, himself into divers shapes, to save or
"
;"
kingdom, and was law even in superstitious The com times, when the pope was received. passing and imagining of the king s death was
treason.
The
statute of the 25th of
Edward
III.,
delay his punishment. And, therefore, submitting myself to your majesty s high wisdom, I think
in
myself bound in conscience to put your majesty remembrance, whether Sir John Sydenham* ous.] And so the civil law, etc. shall be detained upon this man s impeaching, in At the conclusion of his speech, after the words, whom there is no truth. Notwithstanding, that Duke of Anjou and the Papists,"] add
["the
but declaratory, begins with this article, as the capital of capitals in treason, and of all others the most odious and the most peril
which was
farther inquiry be made and that information and
if
I
this other
Peacham,
ught be taken from Mr.

hold
it,
Poulet| and his servants,

necessary.
as things are,
[As for subjects, I see not, or ever could dis cern, but that by infallible consequence, it is the case of all subjects and people, as well as of
kings for it is all one reason, that a bishop, upon an excommunication of a private man, may give his lands and goods in spoil, or cause him to be slaughtered, as for the pope to do it towards a king; and for a bishop to absolve the son from
;
God
preserve your majesty.
Your majesty
most humble and devoted subject and servant, FR. BACON.

s
March
12, 1614.
duty
to the father, as for the
pope
to absolve the
rides the western circuit, can he drawn to jump with his col league, the chief baron, [Tanfield,] it is thought he shall be sent
down to be tried, and trussed up in Somersetshire." In a letter of the 2d of March, 1614-5, Mr. Chamberlain writes,
journey stayed, though Sir Randall Crew, the king s Serjeant, and Sir Henry Yelverton, the solicitor, were ready to go to horse to have waited on him there." Peacham, the minister, adds he in a letter of the \3thnfJuly, 1615, that hath been this
"
And this subject from his allegiance to his king. is not my inference, but the very affirmative of the Second, who in a brief to God Urban
Pope
frey,
Bishop of Luca, hath these very words, which Cardinal Baronius reciteth in his Annals,
"Non illos homicidas arbitra802. mur, qui adversus excommunicatos zelo catho-
torn. xi. p.
twelvemonth
treason
Sir
in
in the Tnwer, is sent down to be tried for Somersetshire before the Lord Chief Baron, and The Lord Hobart gave recorder. over that circuit the last assizes. Sir Randall Crew and Sir Henry Yelverton, the king s serjeant and solicitor, are sent down to prosecute the trial." The event of this trial, which was on the 7th of August, appears from Mr. Chamberlain s seven letter of the 14th of that month, wherein it is said, that knights were taken from the bench, and appointed to be of the jury. He defended himself very simply, but obstinately and doggedly enough. But his offence was so foul and scandalous, that he was condemned of high treason ; yet not hitherto executed, nor perhaps shall be, if he have the grace to submit himself, and show some remorse." He died, as appears from
licae
matris ardentes
eorum quoslibet
all
trucidare
contigerit,"
speaking generally of
excommu
Henry Montagu, the
nications.]
"
TO THE KING.f
IT
MAY PLEASE YOUR EXCELLENT MAJESTY,
I received this very day, in the forenoon, yonr majesty s several directions touching your cause *
He was of
a
another letter of the 27th of March, 1016, in the jail at Taunton, where he was said to have "left behind a most wicked and desperate writing, worse than that he was convicted for." * He had been confronted about the end of February, or be ginning of March, 1614-5, with Mr. Peacham, about certain
peecheH, which had formerly passed between thorn. MS. letter of Mr. Chamberlain to Sir Dudley Carleton, from Lon
Oxfordshire.
the family of that name at Godstow, [Camdeni .Innales Regis Jccobi J. p. 2.]
in
He
young ninn, who had been in Spain; and was con demned" at the King s Bench, on Wednesday, May 17, IfilS, for divers most vile and traitorous speeches confer. -il and subscribed with his own hand ; as, among others, that it wag
was
"
as lawful for
any man
to kill a king
excommunicated, as
<-"iiM
for
the
don, March
t
2, 1614-5.
John
Somerset,
wag
Pi-tilt t, Esq. ; knight of the shire for the county of He in the parliament which met April 5, 1614. created Lord Poulet of Henton St. George, June 23,
I
II.MIV to execute a condemned person. himself, or in maintenance of his desperate positions, but only that he meant it not by the king, and he holds him not excommunicated." MS. Inter i.f Mr. Chamberlain to Sil
hangman
little for
Dudley Carleton, from London, May

f Hail.
20, 1615.
MSS.
Vol. 6966.
I.KTIT.RS
prost cutnl
!>y
H!-:i.
\TIMJ TO LEGAL PROCEEDINGS.

lion,
513
my
day
1,
Til
Hmi-
li
ii*
as your farmer.
1
whereof God giveth you so
Your
first direi-tiou
tin-
was by
and,
if
Sir Christopher Par

for tin
kins, that
ii|)|iointc(l
:
judicial
si ii-
rest
tence should hold
lord rliirf justi.-.-, upon my n-jiair to liim, should let me know, that lord chancellor he could not bo present, then
my
your majesty s most humble and devoted subject and servant, FR. BACON.
17, 1615.
should proceed, Calling to my Lord Hohart, except he should he exempted to; and then some Fur the latte.r part of consent. o.Micr hy tnis your direction, 1 suppose, there would have
jiid<_;e
Mm
my
November
Innovations introduced into the laws
and govern-
men/.*
1.
admitting my Lord Hobart; he had assisted at so many hearings, it would have been too late to except to him. But then your majesty s second and later direction, which was delivered unto me from the Earl of
been no
difficulty in
The
ecclesiastical
In this he prevailed,
for after
commission.
and the commission was pared, and namely the

point
out,
left
Artmdel, as by word of mouth, but so as he had set down a remembrance thereof in writing freshly
after the signification of his pleasure, was to this effect, that before any proceeding in the chancery,
of alimony left whereby wives are wholly to the ty
ranny of their husbands. This point, and some

others,
may
require
fit
there should be a conference had

lord chancellor,
my
lord
s
between my chief justice, and myself,

2.
review, and is restored to the

sion.
to
be
commis
might be secured. This later direction I acquainted my lord chan cellor with; and finding an impossibility, that this conference should be had before to-morrow,
interest
how your majesty
Against the provincial councils.
in
In this he prevaileth such sort, as thepre-
cecents are continually

suitors for the enlarge ment of the instructions,
day be put over, taking no occasion thereof other than this, that in a cause of so great weight it was fit for him to confer with his assistants, before he gave any After such a time as I have decree or final order.
my
lord thought good, that the
sometimes in one point, sometimes in another; and the jurisdictions
conferred
with
commandment,
with
ence.
speed
according to your give your majesty account of the conclusion of that confer
my
lords,
grow
I will
into contempt, and more would, if the lord chancellor did not
strengthen them by in
fit
Farther, I think
that in
to let
my
opinion
hold
it
your majesty know, a fit time to proceed
junctions, where they exceed not their instruc

tions.
3.
in the business of the

is
"Rege inconsulto,"
which
Against
the
for
I did think these appointed for Monday. greater causes would have come to period or pause sooner: but now they are in the height, and
Star
In this he
ruled
Chamber, damages.
levying
was overby the sentence
to
have so great a matter as

it
this of the
"
"
Rege
all his
of the court; but he hent strength and wits
inconsulto"
I think
handled, when men do aliud agere," no proper time. Besides, your majesty in your great wisdom knoweth, that this business of Mr. Murray s is somewhat against the stream of the judge s inclination and it is no part of a skilful mariner to sail on against a tide, when If your majesty be the tide is at strongest. pleased to write to my Lord Coke, that you would have the business of the "Rege incon receive a hearing, when he should be sulto" "animo sedato et libero," and not in the midst of his assiduous and incessant cares and industries in other practices, I think your majesty shall do your service right. Howsoever, I will be provided
:
to
have prevailed
and
so did the other judges
by long and laborious arguments and if they had prevailed, the au thority of the court had been overthrown. But
:
the
court
plurality
of the
toook
more
re
gard to their own pre cedents, than to the

4.
Against
ralty.
the admi-
for prohibitions fly
judges opinion. In this he prevaileth., con

;
against the day.
tinually
for
and
many
Thus praying God
your happy preservaHe

died In April,
times are cause cf long

* This piper
John Carey, Baron of Hunsdon.

l17.
was
evidently designed against the Lord Chief
VOL.
II.
65
514
l.r.TTIlUS
in several
RELATING TO LEGAL PROCEEDINGS.
515
n<>t;il
/li;\"
dioceses.
commun-
dams,
etc.
be ag.iin m.ijesty s service, as is fit. Howbeit, for so much upon a conlm-ncr as did concern the practice of conveying the of the judges. prince into Spain, or tinpensions, he
may
ed
Sj>;mi>li
was somewhat reserved upon

SIR FRANCIS BACON TO SIR
this
grcund, that
GEORGE
V1LUKKS.
Touching the. examination of Sir Robert Grtton upon some informal ion of Sir John Digby.*
I RECEIVED your letter yesterday towards the evening, being ihe 8th of this present, together with the interrogatory included, which his ma jesty hath framed, not only with a great deal of
judgment what
apt order; for I
of ques tions are of great efficacy in examination. I re ceived also notice and. direction by your letter,
that Sir Robert Cotton
;
do
to interrogate, but in a find that the degrees
wise and
was first thoroughly to be which indeed was a thing most ne and that for that pur jesty s service otherwise, but also because to my cessary to begin with pose Sir John Digby was to inform my lord understanding, for therein I do not much rely chancellor of such points, as he conceived to be upon Sir John Digby s judgment, it may have a
examined
;
they were things his majesty knew, and tilings, which by some former commandment from |m majesty he was restrained to keep in silence, and that he conceived they could be no ways applied to Somerset. Wherefore it was not fit to press him beyond that, which he conceived to be his warrant, before we had known his majesty s farther pleasure; which I pray you return unto us with all convenient speed. I for my part am in no appetite for secrets but, nevertheless, see ing his majesty s great trust towards me, wherein I shall never deceive him and that I find the chancellor of the same opinion, I do think it were good my lord chancellor chiefly and myself were made acquainted with the persons and the parti culars; not only because it may import his ma
; ;
undertaking for Spain in the match, and his favour with his majesty and therefore the circum had so well, directed and expressed, should be stances of other pensions given cannot but tend accordingly performed without loss of time. For to discover whether he were pensioner or no. But herein no time is lost ; for my lord chan which purpose, having soon after the receipt of your letter received a letter from my lord chancel cellor, who is willing, even beyond his strength, lor, that he appointed Sir John Digby to be with to lose no moment for his majesty s service, hath him at two of the clock in the afternoon, as this appointed me to attend him Thursday morning for day, and required my presence, I spent the mean the examination of Sir Robert Cotton, leaving to morrow for council-business to my lord, and to time, being this forenoon, in receiving the prece
;
material ; and that I likewise should take a full account for my lord chief justice of all Sir Robert Cotton s precedent examinations. It was my part then to take care, that that, which his majesty
set,
great connection with the examination of Somer considering his mercenary nature, his great
dent examinations of Sir Robert Cotton from

lord
my me
for
considering of
fit
articles for Sir
Robert
chief justice, and perusing of them; and accordingly attended my lord chancellor at the
Cotton.
10 April, 1616.
hour appointed, where I found Sir John Digby. At this meeting it was the endeavour of my lord chancellor and myself to take such light from Sir John Digby, as might evidence first the examination of Sir Robert Cotton ; and then to the many examinations of Somerset; wherein we found Sir John Digby ready and willing to dis cover unto us what he knew ; and he had also, by
the lord chancellor s direction, prepared
all
SIR FRANCIS
BACON TO THE JUDGES.
MY
LORD,
the king s express pleasure, that because; would not serve to have con
It is
his majesty s time
some ing
ference with your lordship and his judges touch his cause of commendams at his last being in
heads of examination
Cotton; of
which use
in writing for Sir Robert shall be made for his
town, in regard of his majesty s other most weighty occasions; and for that his majesty
holdeth
it necessary, upon the report, which my Lord of Winchester, who was present at the last argument by his majesty s royal commandment, made to his majesty, that his majesty be first con
* Secretary Winwnod, in a private letter to Sir Thomas Edmondes, printed in the Historical I tnr of the A>yiiri,ifiim
betirrrn the
m>-niiiiri4,
Courts of England, France, and Brussels, p. wan great expectation, th.it Sir .I,,(IM then returned from Sp.iin, where hi- had been amDicby, just ba ould charge the K.irl of Somerset with tame treatont
3<,
that there
idor,<
sulted with, ere there be any further proceeding by argument by any of the judges or otherwise :
To tin- kins," and pints iritH Spain. Sir Kulph, "as yet he h ith ued nn other HI.-M lint th:it. having served in a of honour, it wnuld ill hcmmc him to be an accuser. pi M I.eeillyor criininiilly he can say nothing vet this he says and h:ilh written, tint all hi* pnv it.- desptitche*, wh.-rein he
"
n<lil*
i>-,
Therefore, that the day appointed for the farthei proceeding by argument of the judges in that case
be put off
:
discovered the practices of Spain, itnl their intclligcnrps, w-re presently sent into Spain; which could not be but by lliiir.Mchery of Somerset."
iiio.il
his majesty s farther pleasure he consulting him; and to that end, that your lordship forthwith signify hiscommandment to the rest of the judges; wheieof ôur
till
known upon
516
lordship
LETTERS RELATING TO THE EARL OF SOMERSET.

may not fail. And God s goodness. Your loving friend
r
so
leave your lord
and
ship to
to
command,
FR. BACON.
This Thursday, at afternoon,

the 2ith of April, 1010.
it may be he will be in the better temper, hoping of his own clearing, and of her respiting! What shall be the d;iys for Thursday and Fri day can hardly hold in respect of the summons , and it may be as well Friday and Saturday, or Monday and Tuesday, as London makes it
;
already
QUESTIONS LEGAL FOR THE JUDGES [IN THE CASE OF THE EARL AND COUNTESS OF
SOMERSET.*]
A PARTICULAR REMEMBRANCE FOR

MAJESTY.
HIS
WHETHER
the axe is to be carried before the pri
soner, being in the case of felony ? Whether, if the lady make any digression to clear his lordship, she is not by the lord steward
to
Whether,
forth into
be interrupted and silenced 1 if my Lord of Somerset should break
IT were good, that after he is come into the Hall, so that he may perceive he must go to trial, and shall be retired into the place appointed, till the court call for him, then the lieutenant should
tell
any speech of taxing the king, he be not presently by the lord steward to be inter rupted and silenced ; and, if he persist, he be not to be told, that if he take that course, he is to be withdrawn, and evidence to be given in his ab sence ? And whether that may be ; and what else to be done ? Whether, if there should be twelve votes to con demn, and twelve or thirteen to acquit, it be not
a verdict
for the
him roundly, that if in his speeches he shall tax the king,* that the justice of England is, that he shall be taken away, and the evidence shall go
on without him ; and then all the people will cry "away with him;" and then it shall not be in
the king s will to save his so set on fire.
life,
the people will be
Endorsed,
Memorial touching the course to be had in Lord of Somerset s arraignment.
my
king?
THE HEADS OF THE CHARGE AGAINST ROBERT EARL OF SOMERSET.

of QUESTIONS OF CONVENIENCE, WHEREUPON Apostyle king. HIS MAJESTY MAY CONFER WITH SOME OF
the
HIS COUNCIL.
to
Ye will doe well remember lyke-
in your WHETHER, if Somerset confess at any time be wayes preamble thattnfore his trial, his majesty shall stay trial in respect stgne, that the onof farther examination concerning practice of trea ly zeal to justice son, as the death of the late prince, the conveying maketh me take
FIRST it is meant, that Somerset shall not be charged with any thi h of
"
*
,
atj
,
otherwise than as
,
conduceth
to th ^
proof of the
impoisonment.
Spain of the now prince, or the like ; for till he confess the less crime, there is [no] likelihood
into
this course.
1 have
commandit
you
Fr the proofs themselves, they are distributed into four:
of confessing the greater! Whether, if the trial upon that reason shall be
shall be discharged privately by dis solving the commission, or discharging the sum mons? Or, whether it shall not be done in open
put
off, it
court, the peers being met, and the solemnity and celebrity preserved ; and that with some declara
tion of the cause of putting off the farther pro
ceeding?
Whether
the days of her

it
trial
and his shall be
immediate, as
appointed ; or a day be tween, to see if, after condemnation, the lady of some expressiotis, that there \\ as an important secret in Ins will confess of this lord ; which done, there is no keeping, of which his majesty dreaded a discovery. The earl and his lady were released from their confinement in the doubt but he will confess of himself? Tower in January, 1621-2, the latter dying Aueugt 23,1632, Whether his trial shall not be set first, and hers leaving one daughter, Anne, then sixteen years of age, after
is
lifter,
now
* The king s apprehension of being taxed by the Earl of Somerset on his trial, though for what is not known, account! some measure for his majesty s extreme uneasiness of mind till that trial was over, and for the management used by Sir Francis Racon in particular, as appears from his letters, to prevail upon the earl to submit to be tried, and to keep him in temper during his trial, lift he, as the king expressed it in an apostile on Sir Francis s letter of the 28th of April, 1616, upon the one part commit unpardonable errors, and I on the other seim to punish him in the spirit of revenge. See more on this subject in Mr. Mallet s /.i/e o/tAe Lord Chancellor Bacon, who closes his remarks with a reference to a letter of Somerset to the king, printed in the Calmln, and written in a lni!li st\le of expostulation, and showing, through the affected obscurity
in
because then any conceit, which may be wards married to William, Lord Uiisscl, afterwards e.irl, -ind The Ivirl of Somerset survived hit at last Duke of Hedford. wrought by her clearing of him, may be prevented; lady s.veral rears, and died in .luh 10J.1, be ing interred on
.
the 17th of that
month
in the
church of
St.
Paul
s,
Covenl
* Bee ante, page 321.
Garden.
I.I;TTI:KS RKI.ATI.M;
not to
TO Tin: KARL OF SOMERSET.
517
fxjHitinlr,
uyj/i/i
The
![,-,,
first
to
fur
in.y thai
ili^rrsî
it/itr
iniii/t
\\liich
prove the maSomer.M t bore, to
carried himself insolently, both towards the queen, and towards the late prince: that lie was a man,
that carried S,,mi
r>
jitiintx,
nutsrrve
Overhury, which was the moii ve ant ground of the im[
on in courses separate and

:
ipposite to the privy council

f
that he
was
man
cleartie for probo*
usomiient.
Honor inducement
tlmt point, of quhairof he ia ac-
The second
preparations
is to
prove the
the
jf
be an incendiary of a state: full bitterness and wildnessof speech and project:

nature
fit
to
unto
hat he
set,
was thought
also lately to govern
Smut
r-
cused.
by plotting his his placing imprisonment,

keepers, stopping
friends, etc.
insomuch that
and
in his
own
letters
he vaunted,
s
that from
credit,
him proceeded Somerset

understanding."
I
fortune,
access of
This course
rality,
>ury
mean
to
run in a kind of gene
The
third is the acts of the
impoisonments themselves. And the fourth is acts sub sequent, which do vehement
ly argue him the impoisonment.
to
putting the imputations rather upon Ovt rthan Somerset; and applying it, that such
a nature
was
I
like to hatch
dangerous secrets and
practices.
rreat
mean
to
show likewise what jargons
be guilty of
here were and ciphers between them, which are badges of secrets of estate, and used either
For the
first
two heads, upon conference, where-
unto I called Serjeant Montagu and Serjeant Crew, I have taken them two heads to myself; the third I have allotted to Serjeant Montagu ; and the fourth
to Serjeant Crew. In the first of these, to
of state, or by such iy princes and their ministers as practise against princes. That your majesty was called Julius in respect of your empire; the
queen Jlgrippina, though Somerset now saith it was Livia, and that my Lady of Suffolk was
my
understanding,
side,
only tenderness
for
on the one
necessary to lay a foundation, that a deep malice, mixed with fear, matter of revenge upon his lordship s quarrel ; for "periculum periculo vincitur;" and the malice must have a proportion to the effect of it, which
the impoisonment: so that if this foundation be not laid, all the evidence is weakened.
the the Bishop of Canterbury Unctiut ; most Northampton, Dominie ; Suffolk, first Lerma, aftei the malice was Wolsey and many others so as it appears they and not only made a play of your court and kingdom ; and
is
it is
,
bo^
that their imaginations men and matters.
wrought upon the greatest
was
to
I omit Somerset s breach of trust your majesty, in trusting Overbury with all the council of despatches, things, wherewith your
Neither will
On the other side, if I charge him, or would charge him, by way of aggravation, with matters tending to disloyalty or treason, then he is like
10
grow desperate.
Therefore
I
was not many times privy or ac admitted to quainted and yet, this man must be them, not cursorily, or by glimpses, but to have to register them, to them by him, to copy them,
estate itself
;
perspicuously table them, etc. your majesty Apostyle of the be pleased to direct and correct it, preserving may king. the strength of the evidence and this I shall now This evidence cannot be iî do, hut shortly and without ornament. First, I shall read some passages of Overbury s without making
shall
now
set
down
what course
mean
to hold, that
I shall also
grve
m evidence,
account
in this place, the slight
of
that
letter,
letters,
namely these:
love,
"Is
this the fruit of nine
his
years
gers?"
common
secrets,
and
slight "Do very As for extremity to do that, which you and I shall be ground. for. In another letter Can you forget all the subsequent sorry
:
"
In another letter:
common dan- and not drive me to a
accuser, that upon
brought
to
which was Somerset by Ash-
ton, being found in the fields soon after the late prince s
death,
and
"
was
directed
to
him, between have passed
whom
etc.
1
such secrets of
all
kinds
evidences, they are

all so little evident,
Antwerp,
words,
containing
that the
first
these
1"
Thru
will
produce Simcock,
from Weston
ton, that,
ont>
s speech, that
who deposeth Somerset told \Ves-
as una lituramny
serve lhaime all.
branch and that he should, ere long, send happier and joyfuller news."
was
cut from
the
tree,
"if
ever Overbury came out of prison,

for
it."
Which
is
a matter
of them
I
must die
will say what these secrets were. 1 im in nit tn enter into particulars, nor to charge
,
Then
not use, but that my Coke, who hath filled
would Lord
part
thi>
with
many
frivolous
things,
him with
t
disloyalty, because he stands to be tried
for his lite

.sic,
upon
I
aii"ther
<r
crime.
Hut yet by some
that
shall
ive to the peers in genera

I
would think all lost, except he hear somewhat of this kind. But, this it is to come to tlio
leavings of a businr-s.
they
may conceive
be.
of what nature those secrets

will
may
Nothing to Sonotorious, that Overbury was a man, that always mersel, and deit
Wherein
take
for a
thing
And,
for
the
rest
of thai
kind, as to speak of that par-
9X
518
dared by Franktin
LETTERS RELATING TO THE EARL OF SOMERSET.

con-
after
demnalion.
Mrs. Turner did Whitehall show to Franklin the man, who, as he said, poi soned the prince, which, he
tirular, that
time between the use of the

"
little
charm,
01,
as
at
the evangile,"* and his majesty better terms it, the day of his trial f notwithstanding his majesty s
says, was a physician with a red beard.
merset,
Nothing io Soand a
That there was a

tore of a
left
little pic-
loose conjecture.
young man in white wax, by Mrs. Turner with Forman the conjurer, which my Lord Coke doubted was
the prince. That the
being so far off, as advertisement of success and order thereupon could not go and come between, was chiefly, for that his majesty, from whom the overture of that first moved, did write but a few hours, that this should be done, which I turned into days. Secondly, because the hope 1 had of
effect
j I
by that mean, was rather of attempting him
at his arraignment, than of confession before his But I submit it to his majesty s arraignment.
No
better
than
a gazette, or passage of Gallo Belgicus.
Indies at
English
Viceroy of the reported to an factor, that Prince
better
judgment.
Goa
Henry came
to
The person, by your first description, which was without name, I thought had been meant of an untimely Packer:}: but now perceive it is another, to me
unknown,
but, as
it
Nothing
proved
Lowbell.
to
yet
death by a mistress of his. That Somerset with others,
not but he
came with
I doubt seemeth, very fit. sufficient warrant to Mr.
against
would have preferred Lowbell

to Prince apothecary Charles. That the countess laboured
the
more
Nothing
merset.
So-
In this I have no Lieutenant to have access. to do, but to expect to hear from his majesty how this worketh. The letter from his majesty to myself and the
Forman
and
Gresham,
the
conjurers, to enforce the queen by witchcraft to favour the
Serjeants I have received, such as I wished ; and I will speak with the commissioners, that he may,
countess.
9
the
Declared by Franklin after condemnation.
That
died,
countess
told
Franklin, that
when
the queen
by the lieutenant, understand his majesty s care of him, and the tokens herein of his majesty s compassion towards him. I ever had a purpose to make use of that cir
cumstance, that Overbury, the person murdered,
was his majesty s prisoner in the Tower; which Northampton said, indeed is a strong pressure of his majesty s the prince, if ever he came to justice. For Overbury is the first prisoner mur dered in the Tower, since the murder of the young reign, would prove a tyrant. That Franklin was moved princes by Richard the Third, the tyrant. Nothing to SoI would not trouble his majesty with any points merset. by the countess to go to the of preamble, nor of the evidence itself, more than Palsgrave, and should be fur that part nakedly, wherein was the tenderness, in nished with money. The particular reasons, why I omit them, I which I am glad his majesty, by his postils, which
Nothing
to
Somerset should Somerset House.
have
So-
That
merset.
have set in the margin but the general is partly he returned to me, approveth my judgment. Now I am warranted, I will not stick to say to do a kind of right to justice, and such a solemn not to exasperate, nor trial, in not giving that in evidence, which touches openly, I arn commanded, not the delinquent, or is not of weight and partly to aggravate the matter in question of the impoisonment with any other collateral charge of dis to observe your majesty s direction, to give So wherein, besides his merset no just occasion of despair or flushes. loyalty, or otherwise But, I pray your majesty to pardon me, that I majesty s principal intention, there will be some have troubled your majesty with repeating them, use to save the former bruits of Spanish matters. There is a direction given to Mr. Lieutenant lest you should hear hereafter, that Mr. Attorney hath omitted divers material parts of the evidence. by my lord chancellor and myself, that as yester Endorsed, day Mr. Whiting the preacher, a discreet man, s and one that was used to Helwisse, should preach with his Somerset s business and
; ; ;
charge,
majesty
postiles.
* Cicero, Epist. ad Atticum, Lib. XITI. Ep. 40, uses thif word, ei>ay}i\ia which signifies hot h good news, and the reward given to him who brings good news. See Lib II.
;
Epist.
3.
TO SIR GEORGE VILLIERS.

Sm, Your man made good
haste; for he was with the fore yesterday about ten of the clock in noon. Since I held him. The reason, why I set so small a distance of
me
f The Earl of Somerset s. a J John, of whom there are several letters in Winwood Memorials, vol. II. D. D. rector of St. Martin Vintry, in Lon $ John Whiting, of Ealddon, and Vicar of East-Ham in Essex, prebendary street in the church of St. Paul s, and chaplain to King James I. He attended Sir Gervase Helwisse, who had been tenant of the Tower, at his execution upon Tower-Hill, on the 20th of November, 1615, for the murder of Sir
I.i<-
Monday Thomas Overbury
i.i-:m-:i s
i;i:i
ATI\<;
TO
F.
SUBJECTS.it
519
dislike, in
Off. re
tli
l.nly,*
to
-h
;i
:m<l
teach her, and

,
move IUT For though

aft
-r
til
1
contain
it
some matter of
genenllv
8;uiH>
rli ;ir
con!
SM"||.
That
pr
T should speak
1
.is iniicli
to liiui at his
hath grieved in event, \\hii-h hath fallen out in
which respect
I
more than any
g .ijnir away
wlirtln
r
in |irivati-: ami so proof tu hr made. this inraii, and tin- last night s
<_\
OUM
my life; yet btreprehensions from the best masters to the best servants are necessary ; and that no
know
chastisement is pleasant for the time, but yet worketh good effects ; and for that I find inter
;
And that this thoughts, will produce any tiling. day the lieutenant sliould declare to her the tune
of her
trial,
mixed some passages of trust and grace and myself inwardly sincerity of inten tion, and conformity of will, howsoever I may whereof no use can be made, nor need to be have erred I do not a little comfort myself, rest made, for evidence, but much use may be made ing upon your majesty s accustomed favour and most humbly desiring, that any one of my parti lor their comfort.
and likewise of his
trial,
and persuade
her, not only upon Christian duty, hut as good for them both, that she deal clearly touching him,
find also in
It is thought, at the day of her trial the lady cular notions may be expounded by the constant which if she do, no and direct course, which, your majesty knoweth, evidence ought to be given. But because it shall I have ever held in your service. not be a dumb show, and for his majesty s honour And because it hath pleased your majesty, of in so solemn an assembly, I purpose to make a your singular grace and favour, to write fully and declaration of the proceedings of this great work freely unto me ; it is duty and decorum in me not
will confess the indictment;
in, nevertheless, I
of justice, from the beginning to the end, where will be careful no ways to
to write shortly to
your majesty again, but with
some length
prevent or discover the evidence of the next day. In this my lord chancellor and I have likewise
much by way of defence or answer, which yet, I know, your majesty would always graciously admit; as to show, that I have,
;
not so
used a point of providence: for I did forecast, that if in that narrative, by the connection of
things,
sh"\v
as
ought, weighed every word of your majesty s
letter.
First, I do acknowledge, that this match of Sii any thing should be spoken, that should him guilty, she might break forth into John Villiers is "magnum in parvo" in both But your passionate protestations for his clearing; which, senses, that your majesty speaketh.
though
I
it
may
better avoided.
be justly made light of, yet it is Therefore my lord chancellor and
majesty perceiveth well, that

farther degree, your service.
"majus
took
it
to be in a
in
parvo,"
in respect of
have devised, that upon the entrance into that declaration she shall, in respect of her weakness, and not to add farther affliction, be withdrawn.
needful, for me, to express all the particulars of my care in this But I divide myself into all cogitations business.
It is
is
it
me
to confide
But since your majesty biddeth upon your act of empire, I have
"
done.
impossible, neither
to God all For, as the Scripture saith, so certainly to wise kings things are possible much is possible. But for that second sense, that
;"
"
your majesty speaketh of, magnum in parvo," can foresee; being very glad to find, in respect of the stir; albeit it being but a most that his majesty doth not only accept well of my lawful and ordinary thing, I most humbly pray care and advices, but that he applieth his direc your majesty to pardon me, if I signify to you, tions so fitly, as guideth me from time to time. that we here take the loud and vocal, and as I I have received the commissions signed. may call it, streperous carriage to have been far I am not forgetful of the goods and estate of more on the other side, which indeed is inconveni
as far as
I
Somerset, as
time.
far as is
seasonable to inquire at this ent, rather than the thing
itself.
Lord Coke taketh upon him to answer for the jewels, being the chief part of his moveable value: and this, I think, is done with his majesty s privity. But my Lord Coke is a good man to answer for it. God ever preserve and prosper you. I rest Your true and devoted servant, FR. BACON. May 10. Friday, at 7 of the clock
My
Now,
for the
manner of
my
affection
to
my
Lord of Buckingham, for whom I would spend my life, and that which is to me more, tho cares of my life; I must humbly confess, that it was in this a little parent-like, this being no other term,
my
than his lordship hath heretofore vouchsafed to counsels; but in truth, and it please your majesty, without any grain of disesteem for his
in the
lordship s discretion.
For
know him
to
be
morning,
[1616.]
naturally a wise man, of a sound and staid wit, as I ever said unto your majesty. And, again, I
I was afraid, that t\ ; height of his fortune might M.VV IT IM.r.ASK YOt-R MOST KXfKr.T.ENT MAJESTY, make him too secure; and as the proverb is, a I do very much thank your majesty for your looker-on sometimes seeth more than a gamester. letter, and think myself much honoured by it.
TO THE KING.f
know
he hath the
b"st
tutor in
Europe.
But yet
answer
1617.
Frances, Countess of Soim-rnel. This letter appcuie, from thu endorsement of the king s
to it, in have been written at Gorhambury, Juh 25 That primed wiih thi* dale in hU Works, s-hould I* 2, 1617, a 1 find bv the original draught of il. August
520
For the particular
LETTERS RELATING TO LEGAL SUBJECT*.

part of a true friend,
which
your majesty witnesseth, that the earl hath lately performed towards me, in palliating some errors of mine; it is no new thing with me to be more and more bound to his lordship; and I am most humbly to thank, whatsoever it was, both your majesty and him knowing well, that I may, and do commit many errors, and must depend upon your majesty s gracious countenance and favour for them, and shall have need of such a friend near your majesty. For I am not so ignorant of
;
larly perceive an alteration in my carriage. now that your majesty hath been pleased to
A no
njn-n
yourself to me,
or that is in
match by any thing,
shall be willing to further the. that shall be desired of me,
my power. And whereas your majesty conceiveth some Mr. Bacon dregs of spleen in me by the word truly it was but to express in thankfulness the
;"
comparative of my fortune unto your majesty, the author of the latter, to show how little I needed to fear, while I had your favour. For, I thank
case, but that I know I am come in God, I was never vindictive nor implacable, with as strong an envy of some particulars, as As for my opinion of prejudice to your majeswith the love of the general. ty s service, as I touched it before, I have done; For my opposition to this business, which, it I do humbly acquiesce in your majesty s satisfacseemeth, hath been informed your majesty, I tion, and rely upon your majesty s judgment, think it was meant, if it be not a thing merely who unto judgment have also power, so to mingle feigned, and without truth or ground, of one of the elements, as may conserve the fabric, these two things; for I will dissemble nothing For the interest, which I have in the mother, I with your majesty. It is true, that in those mat- do not doubt but it was increased by this, that I which, by your majesty s commandment and in judgment, as I then stood, affected that which ters, But I think the chief obligareference, came before the table concerning Sir she did in passion. Edward Coke, I was sometimes sharp, it may be tion was, that I stood so firmly to her in the mat too much; but it was with end to have your ter of her assurance, wherein I supposed I did majesty s will performed; or else, when me- your majesty service, and mentioned it in a methought he was more peremptory than be- morial of council-business, as half craving thanks came him, in respect of the honour of the for it. And sure I am now, that, and the like,
,
mine own
table.
It is
true also, that I dislike the riot
o:
violence, whereof
of your council gave your \jesty advertisement by our joint letter: and I disliked it the more, because he justified it to be
we
made Sir Edward Coke a convert, as I did write to your majesty in my last. For the collation of the two spirits, I shall
hath
easily subscribe to your majesty s answer; for law; which was his old song. But in that act Solomon were no true man, if in matter of malice of council, which was made thereupon, I did not the woman should not be the superior. aee but all my lords were as forward as myself, To conclude, I have gone through, with the as a thing most necessary for preservation of plainness of truth, the parts of your majesty s your peace, which had been so carefully and letter: very humbly craving pardon for troubling And all this had a your majesty so long; and most humbly praying firmly kept in your absence. fair end, in a reconcilement made by Mr. Attor- your majesty to continue me in your grace and ney,* whereby both husband and wife and child favour, which is the fruit of my life upon the should have kept together. Which, if it had root of a good conscience. And although time in continued, I am persuaded the match had been in this business have cast me upon a particular, better and fairer forwardness, than now it is. which, I confess, may have probable show of
j
majesty
times of things, I beseech your passion or interest; yet God is my witness, that understand that which my Lord of the thing, that most moved me, was an anxious will witness with me, that I never and solicitous care of your majesty s state and Buckingham had any word of letter from his lordship of the service, out of consideration of the time past and business, till I wrote my letter of advice ; nor present. God ever preserve and bless your majesty, and again, after my letter of advice, till five weeks So send you a joyful return after your prosperous after, which was now within this sennight.
Now,
for the to
that although
did in truth presume, that the earl

;
journey.
would do nothing without your majesty s privity yet I was in some doubt, by this his silence of his own mind, that he was not earnest in it, hut only was content to embrace the officious offers ADVICE TO
and endeavours of others. But, to conclude this point,
after I had received, of his lordship, knowledge of think Sir Edward Coke himself, the
letter
THE KING FOR REVIVING THE COMMISSION OF SUITS.
by
his mind,
lasi
THAT, which for the present I would have spoken with his majesty about, as a matter time he was before the lords, might particu- wherein time may be precious, being upon the tenderest point of all others. For, thmigh the and yet Sir Henry Yelverton. particular occasion may be despised,
former
I
LKTTKRX UKI.VTINC TO LK(;\L SUBJECTS.

nothing counsel
oii
521
r
jht to
ri-ii|t
tn-
tin
ni
despised in this kind, yet the eoneeive to In- most Sound
and neress.iry,
to
Mr. Attorney, concerning one It.iyntnn, or Haynham, for his name is not yet certain,
i>y
Then- U few d. iv-,
.in
avoid future perils. examination taken within these
when judgment is given, there be a faith ul report made of the reason thereof. The accounts of the summer-circuits, as well
as that of the lent-eircnit, shall he ready against his nr.ijcsiy s mining. They will also be ready
with some account of their labours concerning
two witnesses, that the said Baynton, Sir Edward Coke s Reports.- win rein I told them without any apparent show of being overcome his majesty s meaning was, not to disgrace the with drink, otherwise than so as might make, person, but to rectify the work, having in hi him l.-s-, wary to keep secrets, said, that he had royal contemplation rather posterity than the been lately with the king, to petition him for present. The two points touching the peace of the middle reward of service; which was denied him. Whereupon it was twice in his mind to have kill shires, I have put to a consult with some selected
attested hy
ed his majesty. The man is not yet apprehend judges. The cause of the Egertons I have put off, and ed, and said by some to be mad, or half-mad; which, in my opinion, is not less dangerous; for shall presently enter into the treaty of accord, ac such men commonly do most mischief; and the cording to his majesty s commandment, which is manner of his speaking imported no distraction. well tasted abroad, in respect of his compassion But the counsel I would out of my care ground towards those ancient families. God ever preserve and prosper your hereupon is, that his majesty would revive the
lordship,
commission
these
three
for suits,
which hath been now
for
according
to the faithful
may
For it years, or more, laid down. prevent any the like wicked cogitations,
:
Your
lordship s true friend

11, 1617.
and fervent wishes of and devoted servant, FR. BACON.
which the devil may put into the mind of a roarer York or swaggerer, upon a denial and, besides, it will
free his
House, October
majesty from
much
I
his coffers also.
For
am
importunity, and save sure when I was a
commissioner, in three whole years space there passed scarce ten suits that were allowed. And I doubt now, upon his majesty s coming home
TO THE LORD KEEPER.*
MY
HONOURABLE LoRD,
I have delivered the judges advice, touching from this journey, he will be much troubled the middle shires, unto his majesty, who liketh it with petitions and suits; which maketh me well. As for the point of law, his majesty very think this remedy more seasonable. It is not will consider of it at more leisure, and then send meant, that suits generally should pass that you his opinion thereof. And so I rest way, but only such suits as his majesty would Your lordship s faithful friend and servant, be rid on. G. BUCKINGHAM.
Endorsed,
Ilinchinbroke, the 22d of Oct. 1617.
To
ting.
September 21, 1617. revive the commission of suits.
For the
TO THE LORD KEEPER.f
MY
TO THE EARL OF BUCKINGHAM.
HONOURABLE LORD,
MY
It
VERY GOOD LORD,
may please your lordship to let his majesty understand, that I have spoken with all the judges, to them his majesty s pleasure touch una voce" did ing the cornmendams. They all
si<_niitvin<r
"
Understanding, that Thomas Hukeley, a mer chant of London, of whom I have heard a good report, intendeth to bring before your lordship in chancery a cause depending between him, in right of his wife, daughter of William Austen, and one John Horsmendon, who married another daughter of the said Austen ; I have thought fit to desire
reaffirm, that his majesty s
powers, neither the

"
power of the crown, nor the
practised power by ad the archbishop, as well in the commendam as the commendam "adretinenrecipiendum,"
dum,"
your lordship to give the said Thomas Hukeley a favourable hearing when his cause shall come before you ; and so far to respect him for my sake,
as your lordship shall see him grounded upon equity and reason ; which is no more than, I as sure myself, your lordship will grant readily, an
it is
are intended to be touched

is
but that the
judgment
built
upon the particular defects and
desired by
informalities of this
They
received
commendam now before them. with much comfort, that his ma-
Your
lordship s faithful friend and servant,
G. BUCKINGHAM
Endorsed, November
Harl.
17, 1617.
jesvy took so well at their hands the former stay, and were very well content and desirous, that
M3S.
vol. 7006.
t Ibid
VOL.
II
66
2x2
522
LETTERS RELATING TO LEGAL SUBJECTS.

TO THE LORD CHANCELLOR.
me
HONOURABLE LoRD, I have heretofore recommended unto your lordship the determination of the cause between Sir Rowland Egerton and Edward Egerton,f who, I
did
Mv
in the cause, to treat of some concord in a rea sonable moderation between the ministers and the
mayor and
!
commonalty of London in behalf and to make some pact and trans action between them by consent, if it may be or
the
of the citizens
otherwise to hear and certify their opinion touch understand, agree, being before your! ing the cause, that thereupon his majesty m.iy the values of the whole lands. take such lordship, upon farther order, by directing of a proceed And as your lordship hath already made so good ing in chancery, or by some other course, as to his an entrance into the business, I doubt not but you
both
I
wisdom
shall
seem
fit.
will be as noble in furthering the full
agreement
between the parties
whereunto, I
am informed, Sir
Rowland Egerton
is
very forward, offering on his
part that, which to me seemeth very reasonable, either to divide the lands, and his adverse party to choose; or the other to divide, and he to choose.
"Whereupon
my
desire to your lordship
is,
that
you would accordingly make a final end between them, in making a division, and setting forth the
lands, according to the values agreed upon by the Wherein, besides the chari parties themselves.
table
have care to draw the commission with some preface of honour to his majesty, and likewise to insert in the beginning of the com mission, that it was de advisamento cancellarii," (as it was indeed,) lest it should seem to be taken from the court. So I commit you to God s, etc. FR. BACON, Cane. %
will
"
You
Jan. 19, 1617.
TO THE LORD CHANCELLOR.
work your lordship
shall
do in making an
end of a controversy between those, whom name I thank your lordship for your favour to Sir and blood should tie together, and keep in unity, George Tipping, in giving liberty unto him to I will acknowledge your favour as unto myself, make his appearance before you after the holyand will ever rest days, at my request; who, as I understand by Your lordship s faithful servant, some friends of mine, who moved me to recom G. BUCKINGHAM. mend him to your lordship s favour, is willing to Theobalds s, conform himself in performance of the decree 9,1017.
January
My
HONOURABLE LoRD,
TO SIR HENRY YELVERTON, ATTORNEYGENERAL.

MR. ATTORNEY,
Whereas, there dependeth before me in chan cery a great cause of tithes concerning the bene fices of London, though in a particular, yet, by
consequence, leading to a general; his majesty, out of a great religious care of the state, both of
made in the chancery by your lordship s prede cessor, but that he is persuaded, that presently, upon the performance thereof, his son will make away the land that shall be conveyed unto him :
which being come
tors,
to Sir
George from
his ances
I
he desireth
to preserve to his posterity.
desire your lordship s farther favour therefore unto him, that you will find out some course, how he
may be exempted from
that fear of the sale of his
lands, whereof he is ready to acknowledge a fine to his son, and to his heirs by Anne Pigot ; and,
church and
city, is graciously pleased, that before
judicial sentence be pronounced in chancery, there be a commission directed unto me, the lord
any
they failing, to his son s heirs males, and for want thereof, to any of his son s or brethren s
heirs males, and so to the heirs general of his father and himself, by lineal descent, and the re
chancellor, the lord treasurer, the lord privy-seal, and the lord chamberlain ; and likewise to the lord
mainder
to the
crown.
This offer, which seemeth
archbishop, the Lord Bishop of Winchester,^: and the Bishop of Ely, and also to the master of the
rolls,||
very reasonable, and for his majesty s advantage, I desire your lordship to take into your consideration,
;
the
two
lord chief
justices,^"
Justice
deridge, and Justice Hutton,
who formerly
assisted
Dod- and to show him what favour you may for my sake which I will readily acknowledge, and ever rest
Your
* Sir Francis Bacon had that title piven him January 4. t This wa one of the causes mentioned in the charge of the House nf Commons against the Lord Bacon ; in his an
to which, he acknowledged, that some days after perf.Ttinc his award, which was done with the advice and consent of the Lord Chief Justice Hobart, rind publishing it to the parties, he received 300/. of Mr. Edward Egerton, by whom, soon after his coining to the seal, he had likewise been presented with 4001. in a purse.
lordship s faithful servant,
G. BUCKINGHAM.
Newmarket, Jan.
23, 1617.
swer
TO THE LORD CHANCELLOR.!

HONOURABLE LoRD, Understanding that there is a suit depending before your lordship, between Sir Rowland Cot* Harl.
t Harl.
MY
t Dr.
J Dr. Lancelot
||
James Montagu. Andrews. Henry Montagu of the king

s
Hir Julius Cesar.

Sir
bench, and Sir Henry
Hobart of the
common
pleas.
MS8. M88.
vol. 7006.
vol. 7006.

ton,* plaintilT, and Sir John
523
I
d awen,
defendant,
thereof will permit.
And
shall receive
it
at
and having been likewise informed, that Sir Rowland Cotton undertaken it in the behalf of certain poor hath
is
which
shortly to
come
to a
liearin<r;
your lordship
people; which charitable endeavour of his, I assure myself, will find so good acceptation with your lordship, that there shall he no other use of
hands as a particular favour. So I take my leave of your lordship, and rest Your lordship s faithful friend and servant, G. BUCKINGHAM
s
12, 1618.
Greenwich, June
recommendation
yet, at the earnest request of

I
some
to
friends of mine,
have thought
fit
to write
your lordship
in his
show him what

the cause
favour
may
bear, in
I
you to you lawfully may, and the speedy despatch of his

behalf, desiring
TO THE LORD
CHANCELLOR."
MY
HONOURABLE LoRD,
; which ledge, and rest
business
shall be ever ready to
acknow
Your
lordship s most devoted to serve you,
G. BUCKINGHAM.
Whitehall, April
20, 1618.
Understanding, that the cause depending in tho chancery between the Lady Vernon and the offi cers of his majesty s household is now ready for decree; though I doubt not, but, as his majesty hath been satisfied of the equity of the cause on
behalf, who have undeigone the busi ness, by his majesty s command, your lordship will also find their cause worthy of your favour:
his officers
yet, I have thought fit once again to recommend it to your lordship, desiring you to give them a speedy end of it, that both his majesty may be
TO THE LORD CHANCELLOR.f
MY
Whereas,
HONOURABLE GOOD LORD, in Mr. Hansbye
freed from farther importunity, and they from the

s
cause,:}:
which
formerly, by my means, both his majesty and myself recommended to your lordship s favour, your lordship thought good, upon a hearing there
of, to
charge and trouble of following it: which I will be ever ready to acknowledge as a favour done
unto myself, and always rest
Your
decree
and
to refer
some part for the young gentleman, to some masters of the chancery, for
G. BUCKINGHAM.
Greenwich, Junl
15, 1618.
your farther satisfaction, the examination of wit nesses to this point; which seemed to your lord ship to be the main thing your lordship doubted of, whether or no the leases, conveyed by old
TO THE LORD CHANCELLOR^
Hansbye
that
to
liable to the
young Hansbye by deed, were legacies, which he gave by will
to
;
be and
MY
I
HONOURABLE LORD,
wrote unto your lordship lately
in the behalf
informed, that it will appear upon their report, and by the depositions of witnesses, without all exception, that the said
I
now
am
credibly
of Sir
Rowland Cotton,
that then had a suit in
dependence before your lordship and the rest of my lords in the Star Chamber. The cause, I
understand, hath gone contrary to his expectation ; yet, he acknowledges himself much bound to your lordship for the noble and patient hearing he did
leases are no
way
liable to those legacies; these
shall be earnestly to entreat your lordship, that
upon consideration of the report of the masters, and depositions of the witnesses, you will, for then receive; and he rests satisfied, and I much my sake, show as much favour and expedition to beholden to your lordship, for any favour it pleased young Mr. Hansbye in this cause, as the justness your lordship to afford him for my cause. It now rests only in your lordship s power for the as * A gentleman eminent for his which, because, I am certainly learning, especially in the sessing of costs Hebrew language, in which he had been instructed by the informed, Sir Rowland Cotton had just cause of famous Hugh Rrnugliton, who died in ICI 2. He was son of Mr. William Cotton, citizen and draper of London, and had complaint, I hope your lordship will not give any And I do the rather move your an estate at Rellaport in Shropshire where he resided, till against him. hi- c:im.- to live at London at the request of Sir Allen Cotton, lordship to respect him in it, because it concerns his f.itli.-r s younger brother, who was lord mayor of that him in his reputation, which I know he tenders, Sir Rowland was the first patron of the learned city in 1625. Dr. Lighten!, and encouraged him in the prosecution of his and not the money which might be imposed upon Indies of the Hebrew language and antiquities him which can be but a trifle. Thus presuming tllarl. MSS. vol. 700. of your lordship s favour herein, which I shall be seems to be one of the causes, on account of
; ;
JThis
It
;
Lord
iron
in
mons
was afterwards accused by answer to whose charge he
the
which House of Com
ready ever
admits, that in the
Your
June
cause of Sir Ralph Hansbye there being two decrees, one for the inheritance, and the other for goods and chattels ; some time after the first decree, and before the second, there was delivered to him by Mr Tobie Matthew nor could his lordship deny, that this was upon the matter "pendente
5<XK
to account to your lordship for, I rest lordship s most devoted to serve you,
G. BUCKINGHAM.
19, 1618.
* Harl.
+ Ibid.
M88.
vol. 7006.
lite."
524

TO THE LORD CHANCELLOR.*
of quality be admitted to be present to hear thf
whole proceeding, as in like cases hath been used. HONOURABLE LoRD, And after the assembly of all these, that some of I have been desired by some friends of mine, in best the behalf of Sir Francis Englefyld, to recom your majesty s counsellors of state, that are
Mv
TO THE KING, CONCERNING THE FORM AND MANNER OF PROCEEDING AGAINST SIR WAL TER RALEGH.t
with the case, should openly declare, his cause so far unto your lordship, that a acquainted s that this form of proceeding against Sir Walter is peremptory day being given by your lordship After this for that he is civilly dead. order for the perfecting of his account, and for the holden, s council learned to charge his acts assignment of the trust, your lordship would take your majesty such course therein, that the gentleman s estate of hostility, depredation, abuse as well of your as of your subjects under s may be redeemed from farther trouble, and secured majesty commission, from all danger, by engaging those, to whom the his charge, impostures, attempt of escape, and But for that, which misdemeanors. trust is now transferred by your lordship s order, other his wherein he was rather pas to the performance of that, whereunto he was tied. concerns the French, And so not doubting but your lordship will do him sive than active, and without which the charge is complete, we humbly refer to your majesty s con what lawful favour you may herein, I rest After sideration, how far that shall be touched. Your lordship s faithful friend and servant, which charge so given, the examinations read, G. BUCKINGHAM. and Sir Walter heard, and some to be confronted Endorsed, against him, if need be, then he is to be with Received Oct. 14, 1618. drawn and sent back ; for that no sentence is, or can be, given against him. And after he is gone, then the lords of the council and judges to give their advice to your majesty, whether in respect of
mend
these subsequent offences upon the whole matter, your majesty, if you so please, may not with jus
PLEASE YOUR MOST EXCELLENT MAJESTY, According to your commandment given unto us, we have, upon divers meetings and conferences, considered what form and manner of proceeding against Sir Walter Ralegh might best stand with your majesty s justice and honour, if you shall be pleased, that the law shall pass upon him. And, first, we are of opinion, that Sir Walter
IT
MAY
and honour give warrant for his execution upon attainder. And of this whole proceeding we are of opinion, that a solemn act of council should be made, with a memorial of the whole pre
tice
his
But before this be done, that your majesty be pleased to signify your gracious direction herein to your council of state ; and that your coun cil learned, before the calling of Sir Walter, should deliver the heads of the matter, together with the
sence.
may
Ralegh being
attainted of high treason,
the highest and last
which is principal examinations touching the same, win rework of law, he cannot be with Sir Walter is to be charged, unto them, that
of they may be perfectly informed of the true state the case, and give their advice accordingly. All
drawn
judicially for any crime or committed. And, therefore, we two forms of proceeding to your humbly present majesty ; the one, that together with the warrant to the lieutenant of the Tower, if your majesty
in question
offence
since
which, nevertheless, we, in all humbleness, piesent and submit to your princely wisdom and
shall so please, for his execution, to publish a narrative in print, of his late crimes and offences
:
judgment, and shall follow whatsoever it shall please your majesty to direct us herein, with all
dutiful readiness.
Your majesty s most humble which, albeit your majesty is not bound to give and faithful servants, an account of your actions in these cases to any York House, this ISth of October, 1618. but only to God alone, we humbly offer to your
majesty s consideration, as well in respect of the effluxion of time since his attainder, and c
great his employment by your majesty s commission, as for that his late crimes and offences are not yet publicly known. The other form, whereunto, if your majesty so please, we rather incline, is, that
etc.
TO THE LORD CHANCELLOR.*
MY
where your majesty

tice, it
may
so renowned for your jus have such a proceeding, as is nearest

is
HONOURABLE LORD, Whereas, there is a cause depending
in the court
to legal proceeding; which is, that he be called before the whole body of your council of state,
of chancery between one Mr. Francis Foliambe and Francis Hornsby, the which already hath re ceived a decree, and is now to have another hear
ing before yourself; I have thought fit to desire and your principal judges, in your council cham you to show so much favour therein, seeing it ber; and that some of the nobility and gentlemen concerns the gentleman s whole estate, as to make a full arbitration and final end, either by taking * Harl. MSS. vol. 7008.
* (I,,
was
lx-hpa<!,-<l
October
29, 1618. the
day of the inau-
fuialion of the Lord
Mayor or London.
Harl.
MSS.
vol. 7006.

the pains 1M ending
525
gome other, whom which I shall acknowledge as a courtesy from

your lordship
;
yourself, or p referring it to your lordship shall think lit:

it
and ever rest
Your
G. BUCKINGHAM.
Hiiulimtiroke, the 22J of October, 1616.
perform but this way, I desire your lordship, if there be any place left for mitigation, your lordship would show him what l.ivour you may, for my sake, in his desires, which I shall be ready to acknowledge as a great courtesy done unto myself; and will ever rest
I
which
know
not
how
to
Your
G. BUCKINGHAM.
Newmarket,
the 2d December, 1618.
MY
VERY GOOD LORD,
\Ve have put the Declaration* touching Raleinh to the press, with his majesty s additions,
which were very material, and

his majesty. For the prisoners,
fit
to
proceed
NOTES OF A SPEECH OF THE LORD CHANCELLOR IN THE STAR CHAMBER, IN THE CAUSE OK SIR HENRY YELVERTON, ATTORNEYfrom GENERAL.*
we have taken an account, SORRY for the person, being a gentleman that I given a charge, and put some particulars in exa lived with in Gray s Inn ; served with him when mination for punishment and example. I was attorney ; joined with him in many services, For the pursuivants, we stayed a good while and one that ever gave me more attributes in for Sir Edward Coke s health ; but he not public, than I deserved ; and, besides, a man of being yet come abroad, we have entered into it; and we very good parts, which with me is friendship at find faults, and mean to select cases for first sight ; much more, example joined with so ancient an but in this swarm of priests and recusants we are acquaintance. careful not to discourage in general. But the But, as a judge, I hold the offence very great, punishment of some that are notoriously corrupt, and that without pressing measure ; upon which concerned riot the good, and will keep in awe will only make a few observations, and so
:
those that are but indifferent.
leave
1.
it.
The
whereof
balance of the king s estate is in hand, I have great care, but no great help.
for the several
of the offence
First I observe the danger and consequence for if it be suffered, that the learned
:
The sub-committees
branches of
treasure are well chosen and charged. This matter of the king s estate for
like a quarry,
means is which digs and works hard but

;
council shall practise the art of multiplication upon their warrants, the crown will be destroyed in small time. The great seal, the privy seal,
signet, are
solemn things
It is
then, when I consider it buildeth, I think no pains too much; and after term it shall be my chief
care.
king
hand.
the bill
drawn by
but they follow the the learned

leads the king s
council and
the docket, that
hand.
;
For the mint, by my next I will give account for our day is Wednesday. God ever preserve and prosper you.
2.
first,
Next
note the nature of the defence.
As,
if
that it was error in judgment : for this surelr, the offence were small though clear, or great,
Your
November 22,
1618.
lordship s
FR. VERULAM, Cane.

Endorsed,
but doubtful, I should hardly sentence it. For it is hard to draw a straight line by steadiness of
hand
hand.
council business.
hut
it
And
herein
could not be the swerving of the I note the wisdom of the law
Of
of England, which termeth the highest contempts and excesses of authority "misprisions;" which,
if
i?
"
you take the sound and derivation of the words, but mistaken but if you take the use and acceptation of the word, it is high and heinous contempts and usurpations of authority; whereof MY HONOURABLE LoRD, the reason I take to be, and the name excellently I taring understood by Dr. Steward, that your imposed for that main mistaking, it is ever joined lordship hath made a decree against him in the wjth for he tnat rev e re s, will n..t ontempt chancery, which he thinks very hard for him to and thinkg
:"
TO THE LORD CHANCELLOR^
J.
perform; although
lordship to f
so far past
;
.
know
I
easU
*
mistake
wns
,
it
is
unusual to your
but he that 8lighl8f

" ""
make any J
alterations,
yet, in regard
IT.- a good turn, owe him
when
things are
Drelaration of the Demeanor and Carriage of Sir Waller RairifH, Knifkt, a* IT, II in hit Voyage, at in and tinte hi* Rtmm, rlr., printed at London, 161S, in quarto. * Harl. MS8. vol. 7006.
*tar number, for bavin* passed certain clauses in a charter, lately graiiled to tli,- ,uy i,, s of ,.,,, warrant, :u,.i lei* Aer ,.,. lM ,. lint Itic chief reason of the severity LMiiiry to In* lionmir. agaimit him was thought to tie the Marquis of Bur.kiiiRhntn i
"
P""-<>
m^-m
resentment against him, for having opposed, according to th duty of his office, some oppressive, if not illepil, patent* which the projectors of those times were busy in preparing
526

to play the fool.
his place than of the tained but duty of his place, will soon commit misprisions. you.
Endorsed.
more of the greatness of
God ever
prosper
Your
Star Chamber, October iM, 1620.
lordship
most obliged
Notes upon
Mr
11
and
Nov.
1620.
friend, faithful servant,
Attorney s cause.
FR. VERULAM, Cane
TO THE KING.
IT
MY
It
VERY GOOD LORD,
MAY PLEASE YOUR EXCELLENT MAJESTY
from
may be, your lordship will expect to me what passed yesterday in the
hear
Star by Sir John Suckling,* we have
Christopher Villiers,f and have heard, as well the registers and ministers of the Prerogative Court of Can To make short, at the motion of the attorney, in terbury, and their council, as also the council of the Lord Archbishop of Canterbury. And setting person at the bar, and at the motion of my lord steward* in court, the day of proceeding is deferred aside such other points, as are desired by the we do think, that your majesty may by till the s pleasure is known. This was king against petition, my opinion then declared plain enough but put to law. and without inconvenience, appoint an offi votes, and ruled by the major part, though some cer, that shall have the engrossing of the tran concurred with me. scripts of all wills to be sealed with the seal of either of the prerogative courts, which shall be I do not like of this course, in respect that it communi forma and likewise of all puts the king in a strait; for either the note of proved
;
Chamber, touching Yelverton s cause, though we desired Secretary Calvert to acquaint his majesty therewith.
In performance of your royal pleasure, signified at several times considered of the petition of Mr.
"in
;"
severity must rest upon his majesty, if he go on ; or the thanks of clemency is in some part taken
nventories, to be exhibited in the same courts. see it necessary, that all wills, which are
We
judicially controverted, be engrossed before away, if his majesty go not on. I have "cor unum et via una and therefore the probate. Yet, as the law now stands, no did my part as a judge and the king s chancellor. officer of those courts can lawfully take any fee What is farther to be done, I will advise the king or reward for engrossing the said wills and inven tories, the statute of the 21st of King Henry the faithfully, when I see his majesty and your lord But before I give advice, I must ask a Vlllth restraining them. Wherefore we hold it ship. much more convenient, that it should be done by question first. a lawful officer, to be appointed God ever preserve and prosper you. by your majesty, than in a cause not warrantable Your lordship s most obliged friend by law. Yet, our humble opinion and advice is, that good consi and faithful servant, FR. VERULAM, Cane. deration be had in passing this book, as well October 28, 1620. touching a moderate proportion of fees to be allowed for the pains and travel of the officer, as
;"
not
for
;he subject
LORD CHANCELLOR BACON TO THE MARQUIS OF BUCKINGHAM.
le is
the expedition of the suitor, in such sort, that may find himself in better case than now, and not in worse.
MY
VERY GOOD LORD, Yesternight we made an end of
Sir
Henry
Yelverton s cause. I have almost killed myself with sitting almost eight hours. But I was
resolved to
sit it
But, however, we conceive this may be conve nient in the two courts of prerogative, where ;here is much business yet, in the ordinary course of the bishops diocesans, we hold the same will
:
e inconvenient, in regard of the small
employ
imprisonment
pleasure.
in
He is sentenced to through. the Tower during the king s

and discharge of his
ment.
Your majesty
The
fine of 4000/.
place, by way of opinion of the court, referring it to the king s pleasure. I stirred the court, I leave it to others to speak ; but things passed
most faithful and obedient servants, FR. VERULAM, Cane.
How
ROBERT NAUNTON. HENRY MONTAGU.

November
15, 1602.
majesty s great honour. I would not for * He was afterwards comptroller of the household t King any thing but he had made his defence; for many Charles I., and father of the poet of the ssme name. chief points oi the charge were deeper printed by t Youngest brother to the Marquis of Buckingham. He the defence. But yet I like it not in him; the was created, April 23, Raron of Daventry and Earl of Anelespy. He died September 24, 1(21. ]iss because he retained is ever
to his
lf>23,
Holt,
who
re-
* The Duke of Lenox.
It treasurer.
1
I-ord chief justice of the king s bench, who, on tho 3d of December following, was advanced to the post of lord high
I.I:TTI:I;S
KIM.ATIM. TO
1.1:1. \i.
1:1
SINKSS.
S
TOT1IK
IT
KI.N...
OBSERVATIONS UPON THORPE

Jl
CASE.
MAY PLEASE VOUR MOST EXCELLENT MAJC8TV \tvordinir {n your commandment, we have
heani once more the proctors of the Prerogative Court, what they could Bay; nnd find no reason
to alter, in -any part,
our former certificate.

fit
Thus
ratify,
much
is
withal
we
think
to note to
your majesty,
3. His offence was taking of money hve several persons, that were felons, for their process of exigent; for that it made staving him a kind of accessary of felony, and touched upon matter capital.
IMw.
tVoiu
that our former certificate,
which we no\v
principally grounded upon a point in law, upon of -Jl Henry \ III., wherein we, the
:
The judgment was the judgment of felony but the proceeding had many things strong and new ; first, the proceeding was by commission
:
The judgment is recited to be given in the kind s high and sovereign power. majesty will be pleased to It is recited likewise, that the king, when he rest in our opinions, and so to pass the patents ; lnor give us leave to assist ourselves with the made him chief justice, and increased did "ore tenus" say to him, in the presence of opinion of some principal judges now in town, the law may be the better resolved, to his council, that now if he bribed he would hang avoid farther question hereafter; we leave it to him unto which penance, for so the record called So it was a judgment it, he submitted himself. This we your majesty s
neral* concurs.
chancellor and treasurer, for our own opinions, do conceive the law is clear; and your solicitor-ge
of oyer and ttrmincr, and by jury; and not by

parliament.
Now, whether your
whn
l>y
royal pleasure. repre sent the rather, because we discern such a confi dence in the proctors, and those upon whom they
by a contract. His oath likewise,
which was devised some
depend, as,
it is
not unlike, they will bring
it
to
a leiral question.
few years before, which is very strict in words, that he shall take no reward, neither before nor
upon. And that, which be observed, there is a precise proviso, that the judgment and proceeding shall not be
after, is chiefly insisted
is
And
praying
kiss your majesty s hands, your preservation. Your majesty s most humble and obedient servants, FR. VERULAM, Cane.
for
so
we humbly
more
to
drawn
HENRY MONTAGU, ROBERT NAUNTON.

York House, December
12, 1620.
into example against any, and specially not against any who have not taken the like oath : which the lord chancellor, lord treasurer, master of the wards, etc., take not, but only the judges
of both benches, and baron of the exchequer.
The king pardoned him
presently after, doubt
ing, as it seems, that the judgment was erroneous, both in matter and form of proceeding; brought
NOTES UPON MICHAEL DE LA POLE

10 Rich 2.
1.
CASE.f
:
it
before the lords of parliament,
who
affirmed the
The
offences were of three natures

in point of estate,
like
Deceits to the king.
2.
Misgovernance
whereby
for
the ordinances
made by
judgment, and gave authority to the king in the cases, for the time to come, to call to him what lords it pleased him, and to adjudge them.
ten commissioners
reformation of the state were frustrated, and the city of Ghent, in foreign parts, lost.
3. And his setting the seal to pardons for ders, and other enormous crimes.
mur
and
The judgment was imprisonment,

ransom, and
in honour,
fine,
NOTES UPON SIR JOHN LEE S CASE, STEWARD OF THE KING S HOUSEHOLD.
44 Edw. 3. His offences were, great sions in usurpation of authority, in attacking and imprisoning in the Tower, and other prisons,
restitution to the king, but

in the
no disa
blement, nor making him uncapable, no degrading
mentioned
judgment:
but,
con
trariwise, in the clause, that restitution should be
made and levied out of his lands and goods, it is numbers of the king s subjects, for causes no expressly said, that because his honour of earl ways appertaining to his jurisdiction; and for was not taken from him, therefore his 20/. per discharging an appellant of felony without annum creation money,should not be meddled with. warrant, and for deceit of the king, and ex
Sir
Thomas Coventry, who wai made

11.
attorney-general,
the
St.
tortions.
amnirv
1620-1.
t This paper
was probably drawn up on occasion of
proceedings and judgment passed upon the Lord Viscount Alban by the House of Lord*, May 3, 1621.
His judgment was only imprisonment in tho Tower, until he had made a fine and ransom at
the king s will
;
and no more.

NOTES UPON LORD LATIMKR
S
CASE.
Doubtless,
my
lord, this
interprets
that of the
manuscript story
50 Edw. 3. His offences were very high and heinous, drawing upon high treason as the extortious taking of victuals in Bretagne, to a great value, without paying any thing ; and for ran
:
On
the back of this letter are the following notes the Lord Viscount St. Jllbun.
by
soming divers parishes
there to the
sum
The
of 83,000/.
case of the judgment in parliament, upon
the contrary to the articles of truce proclaimed by king; for suffering his deputies and lieutenants
in
a writ of error put by Just.

"
Hu.*
into the court
Bretagne
to exact,
upon the towns and coun

to
The case of no judgment entered
tries
there, divers
sums of money,
for
the
sum
of 150,000 crowns;
sharing with
Richard
Lyons in his deceit of the king; for enlarging, by his own authority, divers felons; and divers
other exorbitant offences.
of augmentations, or survey of first-fruits; which are dissolved, where there may be an entry after, out of a paper-book.
Mem.
All the acts of
my
proceedings were
after the royal assent to the
subsidy."
only
Notwithstanding all this, his judgment was to be committed to the Marshalsea, and to make fine and ransom at the king s will.
But after, at the suit of the Commons, in regard of those horrible and treasonable offences, he was displaced from his office, and disabled to be of the
king s council but his honours not touched, and he was presently bailed by some of the lords, and suffered to go at large.
;
QUESTIONS DEMANDED OF THE CHIEF JUSTICE OF THE KING S BENCH BY HIS MAJESTY S
COMMANDMENT.
Ely, whether his
lordship thinks that resolution there spoken of to be law; That a. general taxation upon a town, to
JOHN LORD NEVILLE

50 Edw.
3.
CASE.
pay so much towards the repair of the sea-banks, is not warranted to be done by the commissioners of sewers ; but that the same must be upon every
particular
person, according to the quantity of
ing the full every one hath there. according to the allowance ot the king s pay. 2. In Darcy s case, whether his lordship s And the second was for buying certain debts, due judgment be as he reporteth it to be resolved ; from the king, to his own lucre, and giving the that the dispensation or license of Queen Eliza parties small recompense, and specially in a case beth to Darcy to have the sole importation of of the Lady Ravensholme. cards, notwithstanding the statute, 3 E. 4, is And it was prayed by the Commons, that he against law. might be put out of office about the king: but 3. In Godfrey s case, what he means by this there was no judgment given upon that prayer, passage, Some courts cannot imprison, fine, or but only of restitution to the lady, and a general amerce, as ecclesiastical courts before the ordi clause of being punished according to his de nary archdeacon, etc., or other commissioners, and merits. such like, which proceed according to the canon or civil law. 4. In Dr. Bonham s case, what he means by
his land, and by number of acres and perches ; His offences were, the not supply and according to the portion of the profit, which number of the soldiers in Bretagne,
MY
LORD,
If your lordship
have done with that
dus de Interpretatione Statutorum,"* I use glad, that you would give order that I might And for that of 12 Hen. 7, touching the it. grand council in the manuscript, I have since seen a privy seal of the time of Henry 7, (without a year,) directed to borrow for the king; and in it there is a recital of a grand council, which thought, that such a sum was fit to be levied ; whereof the lords gave 40,000/., and the
rest
Mascarshall be
this passage, That in many cases the common law shall control acts of parliament, and some times shall judge them to be merely void : For
where an
right and reason, the adjudge it void.
act of parliament is against common law shall control it, and
5. In Bagges s case, to explain himself where hesaith,Thatto the court of king s bench belongs
in judicial authority, not only to correct errors misdemeanors proceedings, but other errors and
breach of peace. extra-judicial, tending to the of faction, oppression of subjects, or to the raising
controversies, debate, or to any manner of misbe done, government. So no wrong or injury can
Button.
was
to be
gotten by privy seal upon loan.
AUerani Mascardi communes condutiones vtriutque jurit

cd ftneralem statutorumintcrpretationcin accommvdala ** at Ferrara, 1608.
:
print-
LETTERS KKI.Vnv; TO LEGAL SUBJECTS.

but, that this shall be reformed or punished by
529
due
Course of law.
I
text
(|iii>sti(ins
former opinion, and have, as I take it, the express and meaning of the law to warrant mine
received these
the 17th of this in
stant October, being Thursday ; and this 21st day nf the same mouth I made these answers
Seeing that OIK; town is of greater value, and subject to more danger, than another, the general taxation of a town cannot, as I tako
opinion.
following
be just, unless the particular lands, etc., and loss he known, fur the total must rise upon the
it,
may
particulars ; and if the particulars be known, then the taxations be in particular, as it ought, as
I
THK HUMKLK AND DIRECT ANSWER TO THE QUESTIONS UPON THE CASE OF THE ISLE
OF ELY.
Tin: statute of the 23
scribeth the
to the
take
it,
to
be according to the express words of

of the act did thereby provide, That should be equally charged, according but if the general taxations
the act and commission.
The makers
Henry VIII.
to
cap. 5, pre-
every
man
commission of sewers manner, form, tenure, and

to inquire
be according
to his benefit or loss;
effect hereafter
ensuing, namely, by the oath of men, etc., who hath any lands or tenements, or common of pasture, or hath, or may have, any loss, etc.; and all those persons to tax, distrain, and punish,
etc., after the
the
should be good, then might the entire tax set upon town be levied of any one man or some few men of that town; which should be unequal, and
quantity of lands, tenements, and

after
against the express words of the act and commis sion; and if it should be in the power of their officer to levy the whole taxation upon whom he
will,
it
rents,
by the number of acres and perches,
the rate of every person s portion or profit, or after the quantity of common of pasture, or common of
fishing, or other
inconvenience;
act.
would be a means of much corruption and all which the makers of the act
did wisely foresee by the express words of the
commodity there, by such ways If the taxation he in particular, according to the such manner and form, as to number of acres, etc., which may easily be known, or six of you, shall seem most convenient. you, The commissioners of sewers within the isle it may, as I take it, be easily done. It was not only the resolution of the said three of Ely did tax Fendrayton, Samsey, and other towns generally, namely, one entire sum upon the judges, but it hath been ruled and adjudged by town of Fond ray ton, another upon Samsey, etc. divers other judges in other rates accordingly. All which, notwithstanding, I most humbly sub The lords of the council wrote to myself, the chief
and means, and
in
justice of the common pleas, and unto Justice Daniel and Justice Foster, to certify our opinions, whether such a general taxation were good in law.
mit myself herein to your majesty censure and judgment.
princely
EDW. CORK.
Another question was also referred to us, whereof no question is now made and as to this question we Certified, and so I have reported as followeth, That the taxation ought to have these qualities
: :
ought to be according to the quantity of lands, tenements, and rents, and by number of acres and perches. 2. According to the rate
1.
It
THE HUMBLE AND DIRECT ANSWER TO THE QUESTION UPON D ARCY S CASE.
THE
statute of 3 of E. IV. cap. 4, at the
humble
of every person s portion, tenure, or profit, or of the quantity of common of pasture, fishing, or other commodity, wherein we erred not, for they
petition of the card-makers, etc. within England, prohibiteth, amongst other things, the bringing into the realm of all foreign playing cards upon
be the very words and text of the law, and of the commission. Therefore we concluded, that the
said taxation of an entire
certain penalties.
Queen Elizabeth,
in the fortieth
year of her reign, granted to Sir Ed.
Arcy, his
upon a executors, deputies, and assigns, for twenty-one town is not warranted by their commission, etc. years, to have the sole making of playing cards And being demanded by your majesty s com- within the realm, and the sole importation of mandment, whether I do think the said resolution foreign playing cards; and that no other should
in gross
sum
concerning the said general taxation to be law, I could have wished, that I could have heard coun cil learned again on both sides, as I and the other
either
judges did, when we now being seven ye.irs

tion,
resolved this point; and

past since the said resolu
make any such cards, within the realm, or import any foreign cards, but only the said Sir D Arcy, his executors, deputies, and assigns, notwithstanding the said act.
Ed.
:
and by
all
this time
I I
objection against it, case, as seriously as
never hearing any have considered of this could within this short
I
;
The point concerning the sole making of saids within the realm is not questioned the only ques
tion
now It was
is
concerning the sole importatiln.
resolved, that the dispensation or licenso
time, and without conference with any
humble answer
VOL. H.
f,7
is,
That
for
I
conceive to the contrary,
any remain
thing that I can

still
and mine to have the sole importation or merchandising of cards, without any limitation or stint, is utterly
of
my
against the law.
2Y
530

majesty
s
And being commanded to explain what I mean know, whether my judgment by this passage, I answer, that I intended only be, as I report it to be resolved, in most humble those ecclesiastical courts there named, and such manner I offer this answer to your majesty That like, that is, such like ecclesiastical courts, as
commandment having been
signified to
And your
me,
to
of opinion, that without all question the late queen by her prerogative might, as your ma jesty may, grant license to any man to import any
I
am
peculiars, etc.
And
within these words
(And such
like)
quantity of the said manufacture whatsoever, with the said statute: and for "non obstante" of
I
never did nor could intend thereby the high com mission; for that is grounded upon an act of parliament, and the king s letters patents under
proof thereof
in
have cited about
fifteen
book-cases
And the first of those report of this case. book-cases is the 2 H. VII. fol. 6, by the which
my
Therefore these words "commis such like" cannot be extended to the high commission, but, as I have said, to in
the great seal.
saries"
and
"
it
appeareth, that
if
a penal statute should add a
ferior ecclesiastical courts.
the king should grant any dispensa tion thereof, "non obstante" the statute; yet, the
clause,
That
Neither did
admiralty
before
;
thereby intend the court of the
for that is not a like court to the courts

;
king,
"non
might grant dispensations

obstante"
notwithstanding that clause of restraint, at his pleasure with a

thereof.
named
for those be ecclesiastical courts,
and
Abridgment, pla. 77, where royal prerogative and power to grant dispensations it is that, if the admiral, who proceeded by the to penal laws is so incident and inseparable to the civil law, hold plea of any thing done upon the and crown, as a clause in an act of parliament cannot land, that it is void and coram non judice restrain it, I am of opinion, that when the late that an action of transgressions in that case doth queen granted to Sir Ed. D Arcy to have the sole lie, as by the said case it appeareth. Arid, there fore, that in that case he can neither fine nor importation of this manufacture without limita And therewith agree divers acts of tion, and that no other should import any of the imprison. same during 21 years, that the same was not of parliament ; and so it may be explained, as it
Therefore, seeing this
to the case in
"
this is temporal. Brooks s
But
I referred the
reader
;"
force either against the late queen, or is of force against your majesty : for, if the said grant were of force, then could not the late queen or your
was
truly intended.
I
All which
most humbly submit
to
your
majesty
princely judgment.
majesty, during the said term, grant any dispensa tion of this statute concerning this manufacture
to
EDW. COKE.
any other
for
any cause whatsoever; which
against your majesty s inseparable pre rogative, and consequently utterly void; which falleth not out where the license hath a certain
is utterly
JOHN SELDEN,
ESQ., TO THE ST. ALBAN.
LORD VISCOUNT
limitation of quantity or stint; for there the crown is not restrained to grant any other license.
MOST HONOURED LORD, At your last going to Gorhambury, you were And therefore where it was resolved by Popham, pleased to have speech with me about some pas
sages of parliament; touching which,
I
MY
fore I
chief justice, and the court of king s bench, be was a judge, That the said dispensation or
conceived,
importation and mer chandising of cards without any limitation or some care and consideration of your lordship s I can only give this account intentions therein. stint, should be void, I am of the same opinion for that it is neither against your majesty s prero of it, that never was any man more willing or nor power in granting of such dispensa ready to do your lordship service, than myself; gative, tions ; but tendeth to the maintenance of your and in that you then spake of, I had been most
license to have the sole
;
by your lordship, that I should have had farther direction by a gentleman, to whom you committed
majesty s prerogative royal, and may, if it stand with your majesty s pleasure, be so explained. Wherein in all humbleness I submit myself to your majesty s princely censure and judgment.
forward to have done whatsoever I had been, by But I understood, farther direction, used in.
EDW. COKE.
your lordship s pleasure that way was changed. Since, my lord, I was advised with, touching the judgments given in the late parlia ment. For them, if it please your lordship to
that
THE HUMBLE AND DIRECT ANSWER TO THE

QUESTION RISING UPON GODFREY
SoMf
S CASE.
courts cannot imprison, fine, nor amerce, as ecclesiastical courts holden before the ordinary,
my weak judgment expressed freely to you, conceive thus. First, that admitting it were no session, but only a convention, as the proclamamation calls it; yet the judgments given in the Upper House, if no other reason be against them,
hear
I
archdeacon, or their commissaries and such like,
vhich proceed according

law.
to the
common
or civil
for they are given by the lords, or the Upper House, by virtue of that ordinary authority, which they have as the supreme court of judica ture; which is easily to be conceived, without
are good

any
relation tn
531
tho mutter
<>f
*e-.si,m, \vliicli c..n-
sists only in the passing of acts, or not passing them, with the royal assent. And, though no session of the three states together be without such acts so passed; yet, every part ..f the par liament severally did its own acts legally enough
in tin journal only ; which, as I think, is no record of itself; neither was it ever used as one. Now, the record, that in former times was of*the
1
judgments and proceedings

form.
there,
was
in
this
continue, as the acts of other courts of justice are done. And why should any doubts he, but
t>
exhibited in parch ment; and being so received, and endorsed, \vas the first record ; and that remained filed among
The
accusation
was
bench, or ex chequer chamber, reversed there, had been good,

that a
s
judgment out of the king
the bills of parliament, it being of itself as the bills in the king s bench. Then out of this thero
was
a formal
judgment, with
the
accusation
although no session 1 For there was truly a par liament, truly an Upper House, which exercised
by
itself this
power of judicature, although no
roll, or second record, which the clerk transcribes by ancient use, and sends into the chancery.
entered into that
session.
fall out,
Yet, withal,
my
lord, I doubt,
it
will
But
in this case there are
none of these
neither
upon
fuller consideration, to
a session also. Were it not for may enter it, now I should be clearly of that mind; neither doth the after the, parliament; which, I doubt, he cannot. For that Because, although in other courts the clerks entei clause, in the act of subsidy, hinder it. only prevented the determination of the session at all, and make their records after the term ; yet, that instant; but did not prevent the being of a this parliamentary proceeding it falls out, that the session, whensoever the parliament should be court being dissolved, the clerk cannot be fid to dissolved. But, because that point was resolved have such a relation to the parliament, which is in the proclamation, and also in the commission not then at all in being, as the prothonotaries of of dissolution on the 8th of February, I will rest the courts of Westminster have to their courts,
ir<
|
be thought doth any thing seem to help to the proclamation, it, than only this, that the clerk
make
a record of
satisfied.
examples of former times, that may direct us in that point of the judgment, in regard there is store of judgments of parlia ment, especially under Edward I. and Edward II. in such conventions, as never had, for aught
there are also
But
which stand only adjourned. Besides, there cannot be an example found, by which it may
appear, that ever any record of the first kind, where the transcript is into the chancery, waa made in parliament; but only sitting the House,
and
in their view.
But
this I offer to
your lord
appears, any act
in them.
there
my lord, I conceive thus; that by reason no record of those judgments, it may be For, be desirous to serve you, to whom I shall ptijustly thought, that they are of no force. thus it stands. The Lower House exhibited the petually own myself declarations in paper; and the lords, receiving Your lordship s most humble servant. J. SEI.UEH. them, proceeded to judgment verbally; and the From the Teniple( February notes of their judgments are taken by the clerk, UV.CMMUI.
Next,
is
!
ship s farther consideration, desiring your favour able censure of my fancy herein; which, with whatsoever ability I may pretend to, shall ever
MISCELLANEOUS.
THF FIRST COPY OF MY DISCOURSE TOUCH ING THE SAFETY OF THE QUEEN S PERSON.
the principal remedies, I could think extirping the principal cause of those con spiracies, by the breaking the nest of those fugi
of, for
not
all
j
knowing whom
to trust,
and
is
practice bootless, as that
which
I
assure
to
be discovered.
And
to this purpose, to
THESE be
reverently, as becometh me, as
sneak do not doubi ut
tive traitors,
and the
filling
them
full
of terror,
And it is true, I despair, jealousy, and revolt. thought of some other remedies, which, because
in
mine own conceit
I did
therefore do forbear to express.

T
not so well allow, I And so likewise
have thought, and thought again, of the means ance, as that, which is more removed from the to stop and divert as well the attempts of viol.ence, as poison, in the performancVand eêcutionT But com P ass of mine understanding; and that is, to treat and ne S otiate with the King of Spain, or not knowing how my travel may be accepted, beArchduke Ernest,f who resides in the place, ing the unwarranted wishes of a private man, I leave ; humbly praying her majesty s pardon, if where these conspiracies are most forged, upon the point of the law of nations, upon which kind in the zeal of my simplicity I have roved at things of points, princes enemies may with honour above my aim. negotiate, viz. that, contrary to the same law of nations, and the sacred dignity of kings, and the honour of arms, certain of her majesty s subjects it be not thought meet to impeach any of nis (if
j
whom it aoth appertain, do carefully and sufficiently provide and take order, that her majesty receive good in telligence; so yet, under correction, methinks it is not done with that glory and note of the world, which was in Mr. Secretary Walsingham s* lime; and in this case, as was said, opinio verilate major. The second remedy I deliver with less assur
those honourable counsellors, to
THE FIRST FRAGMENTS OF A DISCOURSE TOUCHING INTELLIGENCE AND THE SAFETY OF THE QUEEN S PERSON.
THE
first
ministers) refuged in his dominions, have con spired and practised assassination against hei
majesty s person.
remedy, in my poor opinion, is that * Who died April 6th, 1590. After his death the business against which, as I conceive, least exception can of secretary of state appears to be chiefly done by Mr. Robert be taken, as a thing without Cecil, who was knighted by Queen Elizabeth at Theobald *, controversy, honour about the beginning of June, 1591, and in August following able and politic ; and that is reputation of good
I say not intelligence. only good intelligence, but the reputation and fame thereof. For I see,
sworn of the privy council

t Ernest,
but not actually appointed secre-
that
where booths are
set for
watching thievish
I
!
places, there is no more robbing : and though, no doubt, the watchmen many times are asleep or
Archduke of Austria, son of the Emperor Maxi milian II., and governor of the Low Countries, upon which government he entered in June, 1591; but held it only a short dvin(! Fehruary following, u was probably in pursuance of the advice of Mr. Francis Bacon in this paper, that
tiine> ,
away; yet that is more than the thief knoweth ; . , ., ., , , BO as the empty booth is strength and safeguard So, likewise, if there be sown an opinion enough.
,
abroad, that her majesty hath much secret intelliA k * 11 t ll f j ft trence, and that all is full of spies and false
Elizabeth sent to the archduke, in 15W, to complain of the designs which had been formed against her life bv the Count de Fuentei , and Don l)ie R o de Ibarra, nn ,i other Spanish ministers concerned in governing the Low Countries aftpr the deatl1 of Ai-iander, Duke of Parma, in n.-r.-mb.-r,
Qeen
brethren; the fugitives will grow into Such a mutual jealousy and suspicion one of another, as they will not have the confidence to conspire to-
lS9V iiid by thi- English fugitives there; and to desire him to ripilry tboMftett to the Ktaf of Spain, ta order ttat he nlgM vindicate his own character, by punishing his ministers and deliverin P to her such fugitives ag were parties in such
,
JJ^. SS.
M* *
H>
"
*"""*
62
"
532
THE SPEECHES*
DRAWN UP BY
MR. FRANCIS BACON FOR
THE EARL OF ESSEX,
IN A DEVICEf
CHI SITED
BY HI
LORDSHIP BEFORE QUEEN ELIZABETH, ON THE ANNIVERSARY OT HER ACCESSION TO THE THRONE, NOVEMBER 17, 1595.
THE SQUIRE S SPEECH.

MOST
excellent and most glorious queen, give
I
soldier,
is,
and a busy, tedious secretary. His petition
that he
may
be as free as the rest
and, at
least,
me
leave,
s
beseech your majesty, to offer
my
while he is here, troubled with nothing but with care how to please and honour you.
complaint and petition; complaint that, coming hither to your majesty s most happy day, he is tormented with the importunity of a melan
master
choly, dream ng hermit, a mutinous, brain-sick
* Bishop Gibson s Paper*, vol. v., No. 118. I An am. lint of this device, which was much applauded, IH given hy Mr. Kowl;iml Whyte to Sir Robert Sydney, in a |eii,-r dated at London, Saturday, the ISA of November, 1595, and printed in the Letters and Memorial* of si it,- of
THE HERMIT
THOUGH
SPEECH IN THE PRESENCE.
our ends be diverse, and therefore
may
of this squire
be one more just than*another; yet the complaint is general, and therefore alike unjust
Sxdney Kunily, vol. i.. p. 362. According to this letter, the Earl of Essex, some considerable time before he came
Mi.-
Albeit he is angry, that we offer against us all. ourselves to his master uncalled, and forgets we come not of ourselves, but as the messengers of
self-love,
himself into the Tilt-ynrd, sent his page with some speech to the queen, who returned with her majesty s glove ; and when Ins lordship came himself, be was met by an old her mit, a secretary of state, a brave soldier, and an esquire. The first presented him with a book of meditations; the second with iiolitical discourses; the third with orations of bravely fought battles ; the fourth was his own follower, to whom the other three imparted much of their purpose before the earl came in. "Another," adds Mr. Whyte, "devised with him, persuading him to this and Unit course of life, ac
from
whom
all that
comes should be well
taken.
tunate.
He
when we come, we are impor If he mean, that we err in form, we have

saith,
that of his master,
who, being a
lover, useth
no
Comes into the Tilt-yard cording to their inclinations. unthnimht tijiou, the ordinary postboy of London, a ragged vill-iin, nil hemired, upon a poor lean jade, galloping and blowing for life, and delivered the secretary a packet of let And ters, \\ In, !i IK- presrutiy offered my Lord of Essex. with tins dumb show our eyes were fed for that time. In the afier-iip;ier. before the queen, they first delivered a well penned spe. h to move this worthy knight to leave his follow,
If he will charge us to other form of soliciting. err in matter, I, for my part, will presently prove that I persuade him to nothing but for his own For I wish him to leave turning over the
good.
book of fortune, which is but a play for children ; when there be so many books of truth and know not fix his ledge, better worthy the revolving ; and view only upon a picture in a little table, when
there be so
many
tables of histories, yea, to
life,
ine of love, and to bet-ike him to heavenly meditation; the :-.( rriin, - all trndini! to have him follow unite of state ;
excellent to behold and admire.

lieve
Whether he be
the soldier-;
answered them
pUni,
tress s love,
I,
Kniili-li. that this
persuading him to the war: but the squire all, and conrluded with an excellent, but too knight would never forsake In- mis
;
whose virtue made all his thoughts divine whoie w is, nn taught him all true |iliry whose beauty and worth wen- ;it ill tunes able to make him fit to command armies, lie showed all the d,T.-, is and ini|ierlV, lions ,,i all
;
or no, there is no prison to the prison of the thoughts, which are free under the greatest Shall any man make his conceit, as an tyrants. anchor, mured up with the compass of one beauty
or person, that
me
may have
the liberty of
all
con
templation
and, therefore, thoiieht Ins course of life to be Mr. Whyte then mentions, best in serving his rnistrrs*." that the part ( the old hermit w:i* performed by him, who, Ilial (.ir.il.h that Morley acted the in, r. -!..-. ;-: at
their
linie>;
I,
i>ed
ot"
Shall he exchange the sweet travelfor one w, arilino; through the universal variety, somc and endless round or labyrinth 1 Let thy It master, si|tiire, offer his service to the muses.
7
in.
that
an,.,!
UM
pedant,
III,- ~i, Idler wa fpr.-s.-nte.l by him who and that Mr. Toi.ie Matthew was the
is
long since they received any into their court.

r ir that , ate, give alms continually at thi to live upon ; but few they have ever
niuire. "The world." says Mr. \Vh> te, "makes many untruu confirm lions of these ties, comparing the hermit nnd ihe M -i ri -tary to two of the lords ; and the soldier to Sir
s|>ee(
They
many come
KoL-er theie ba.l
WUtUM.
h, -ei,
so
Hut the queen said, that if she had thought in,., li waid.T her, she would not have been
admitted into their palace. There shall he find secrets not dangerous to know ; sid*10 and parties
not factious to hold; precepts and
there that nij-ht; uud so
went to
bed."
commandment*
533
2 v 2
534
not penal to disobey.
in he
SPEECHES COMPOSED FOR ESSEX.

The gardens
of love, where1
Then, for the dignity of military profession, is it J keep the privilege of the & r golden age; they ever not the truest and perfectest practice of all virtues T e I flourish, and are in league with time. The monu- of wisdom, in disposing those things, which are ments of wit survive the monuments of power, most subject to confusion and accident; of justice, The verses of a poet endure without a sylla- in continual distributing rewards ; of temperance, ble lost, while states and empires pass many in exercising of the straightest discipline; of for Let him not think he shall descend; titude, in toleration of all labours and abstinence periods. for he is now upon a hill, as a ship is mount from effeminate delights; of constancy, in bear ed upon the ridge of a wave; but that hill ing and digesting the greatest variety of fortune of the muses is above tempests, always clear and So that when all other places and professions re
i
j
placeth himself, are fresh to-day, and fading to-morrow, as the sun comforts them, or is But the gardens of the muses turned from them.
now
of games when, in
are but counterfeits and
shadows; anl
are
a lively tragedy, a man s enemies sacrificed before his eyes to his fortune.
calm; a hill of the goodliest discovery that mnn quire but their several virtues, a brave leader in can have, being a prospect upon all the errors and the wars must be accomplished with all. It is wanderings of the present and former times. Yea, the wars, that are the tribunal seat, where the in some diff it leadeth the eye beyond the horizon highest rights and possessions are decided ; the of time, and giveth no obscure divinations of times occupation of kings, the root of nobility, the pro to come. So that if he will indeed lead vitam tection of all estates. And, lastly, lovers never vitalem, a life that unites safety and dignity, thought their profession sufficiently graced, till All that in pleasure and merit ; if he will win ad-miration they have compared it to a warfare. without envy; if he will be in the feast, and not any other profession can be wished for, is but to in the throng; in the light, and not in the heat; live happily but to be a brave commander in the let him embrace the life of study and contempla field, death itself doth crown the head with glory. tion. And if he will accept of no other reason, yet Therefore, squire, let thy master go with me: because the gift of the muses will enworthy him and though he be resolved in the pursuit of his in love, and where he now looks on his mistress s love, let him aspire to it by the noblest means. outside with the eyes of sense, which are dazzled For ladies count it no honour to subdue them and amazed, he shall then behold her high per with their fairest eyes, which will be daunted fections and heavenly mind with the eyes of judg with the fierce encounter of an enemy. And they ment, which grow stronger by more nearly and will quickly discern a champion fit to wear their more directly viewing such an object. glove from a page not worthy to carry their pan:
tofle.
Therefore, I say again, let him seek his fortune in the field, where he may either lose his
love, or find
THE SOLDIER S SPEECH.

SQUIRE, the good old man hath said well to I dare say, thou wouldst be sorry to leave to carry thy master s shield, and to carry his books and I am sure thy master had rather be a falcon, a bird of prey, than a singing bird in
new argument
to
advance
it.
you; but
THE STATESMAN
SPEECH.
The muses are to serve martial men, to sing their famous actions; and not to be served by them. Then hearken to me. It is the war that giveth all spirits of valour,
a cage.
SQUIRE, my advice to thy master shall be as a token wrapped up in words but then will it show
;
itself fair,
when
it is
unfolded in his actions.
To
not only honour, but contentment. For mark, whether ever you did see a man grown to any
honourable commandment in the wars, but, when soever he gave it over, he was ready to die with melancholy ? Such a sweet felicity is in that noole exercise, that he, that hath tasted it And no dream thoroughly, is distasted for all other.
wish him to change from one humour to another, were but as if, for the cure of a man in pain, one should advise him to lie upon the other side, but not enable him to stand on his feet. If from a sanguine, delightful humour of love, he turn to a melancholy, retired humour of contemplation, or a turbulent, boiling humour of the wars ; what doth he but change tyrants? Contemplation is a
;
love a trance
marvel
for if the hunter takes
such solace in his
is
raving.
These be
shifts of
and the humour of a war humour, but no re
chase; if the matches and wagers of sport pass claiming to reason. I debar him not studies nor away with satisfaction and delight; if the looker books, to give him stay and variety of conceit, to on be affected with pleasure in the representation refresh his mind, to cover sloth and indisposition, of a feigned tragedy; think what contentment a and to draw to him from those that are studious,
man
receiveth,
when
they, that are equal to
him respect and commendation.
But
let
him beware,
in nature, from the height of insolency and fury are brought to tne condition of a chased prey ;
lest they possess not too much of his time ; that exthey abstract not his judgment from presrnt
when
a victory
is
obtained, whereof the victories
perience, nor
make him presume upon knowing
i:
538
\ndeverratlierlelhirnlakethrsideuhirh than that hich is soundin ss, hkilv in raeei :y in duty; notj est and best, that every tiling may seem tobe carnixed wi;h any circumstance of jealousy, hut ried by his direction. To conclude, let him he true Hut I would not have him to himself, and avoid all tedious reaches of state, duly laid upon him. take the alarm from his own humour, hut from the that are nt merely pertinent to his particular. ami I would again he should know an And if he will needs pursue his affection, and go employment from a diseourting. And for his on his course, what can so much advance him in The meritofwar is too outwardly lovr, let il not disarm his heart within, as it make his own way? -MI credulous to favours, nor too tender to h; and it is the glorious to be inwardly grateful n ikiiul nesses, nor too apt to depend upon the exile of his eyes, which, looking with such affec heart he knows not. in his demonstration tion upon the picture, cannot but with infinite Nay, of But when his mis ive, let him not go too far; for these seely contentment behold the life. lovers, when they profess such infinite affection tress shall perceive, that his endeavours are be and obligation, they tax themselves at so high a come a true support of her, a discharge of her care It makes a watchman of her rate, that they are ever under arrest. person, ascholarofher wisdom, their service seem nothing, and every cavil or im an instrument of her operation, and a conduit of
1,
I
ss. For the wars. much, to apply the him no enterprise, thai shall lie worthy in
,1.
nv
event,
is
great-
likeliest to he followed,
ii
But what, Squire, is thy her virtue; this, with his diligences, accesses, humi the prince happy he lity, and patience, may move him to give her further So that I serves, let the instructions to employ men, the degrees and approaches to her favour. relations of ambassadors, the treaties between conclude, I have traced him the way to that, and actions of the present time, be the which hath been granted to some few amare et princes, books he reads let the orations of wise princes, sapere, to love and be wise.
putation very great. master s end ] If to
make
or
e\primenled counsellors
final
in council or Parlia
sentences of grave and learned judges in weighty and doubtful causes, be the lecturers he frequents. Let the holding of affec
tion with confederates without charge, the frustritin;r of the attempts of enemies without battles,
ment, and the
THE REPLY OF THE

WANDERING
hermit, statesman, the
SQUIRE.
the entitling of the crown to new possessions without show of wrong, the filling of the prince s coffers without violence, the keeping of men in appetite, without impatience, be the inventions he seeks out. Let policy and matters of state be the
chief,
if
and almost the only thing, he intends. But he will believe Philautia, and seek most his own happiness, he must not of them embrace all yon to bring in play your whole forces. For I kinds, hut make choice, and avoid all matter of would not vouchsafe to combat you one by one, peril, displeasure, and charge, and turn them over as if I trusted to the goodness of my breath, and
storming soldier, ard hollow enchanting orators of which have attempted by your high Philautia, charms to turn resolved Erophilus into a statue deprived of action, or into a vulture attending about dead bodies, or into a monster with a double heart; with infinite assurance, but with just indignation, and forced patience, I have suffered
to
some novices,
that
know
not manacles from
For himself, bracelets, nor burdens from robes. let him set for matters of commodity and strength,
though they he joined with envy. Let him not trouble himself too laboriously to sound into any fruit whereto you aspire. matter deeply, or to execute any thing exactly; You, father, that pretend to truth and know but let himself make himself cunning rather in ledge, ho ware you assured that you adore not vain the humours and drifts of persons, than in the chimeras and imaginations] that in your high nature of business and affairs. Of that it sufficeth prospect, when you think men wander up and
to
not the goodness of my strength, which little needeth the advantage of your severing, and much less of your disagreeing. Therefore, first, I would know of you all what assurance you have of the
know only so much, as may make him able to down, that they stand not make use of other men s wits, and to make again place, and it is some smoke
I
indeed
or cloud
still
in
their
between you
dazzling"
Have not many, which take, your own eyes? themselves to be inward counsellors with nature, he ever seem to add proved but idle believers, which told umatter itself; for then shall Bomewhat of his own ; and, besides, when a man which were no such matter ? And, soldier, what doth not forget so much as acircumstance, men do security have you for these victories and <rarlands think his wftdoth superahound for the substance, which you promise to yourself? Know you not In his councils let him not he confident; for that of many, which have made provision of laurel foi will rather make him obnoxious to the success; the victory, and have been fain to exchange it with
\
Let him entertain a smooth and pleasing report. the proposition of others, and ever rattier let him nave an eye to the circumstances, than to the
and them, which moveth, or else the
of
but
let
uttered thai
him follow the wisdom of oracles, which cypress fr the funeral] of many which have hewhich might ever be applied to the spoken fame to sound their thumpns,anu have been
536
SPEECHES COMPOSED FOR ESSEX.

bondman
to Philautia, you, that presume to bind and to overwork fortune, I would ask Corrupt statesman, you that think, by your you but one question. Did ever any lady, hard to engines and motions, to govern the wheel of for please, or disposed to exercise her lover, enjoin tune ; do you not mark, that clocks cannot be long him so good tasks and commandments as Phi While your life is no in temperl that jugglers are no longer in request lautia exacteth of you ? when there tricks and sleights are once perceived 1 thing but a continual acting upon a stage; and Nay, do you not see, that never any man made that your mind must serve your humour, and ytt his own cunning and practice (without religion your outward person must serve your end ; so as and moral honesty) his foundation, but he over you carry in one person two several servitudes to But I will leave you to the built himself, and in the end made his house a contrary masters.
cicc;isicin,
glad to pray her to say nothing of them, and not to discover them in their flights ?
But give ear now to the comparison scorn of that mistress whom you undertake to s condition, and acknowledge such govern; that is, to fortune, to whom Philautia a difference, as is betwixt the melting hailstone hath bound you. And yet, you commissioner of
windfall
?
of
my
master
and the solid pearl.
Indeed
it
seemeth
to
depend,
Philautia,
will proceed one degree farther: if
as the globe of the earth seemeth to hang in the It is air; but yet it is firm and stable in itself.
like a cube, or a die-form,
it
which, toss
it
or
throw
of your assurance, and of your values, as you have set them, may not my master enjoy his own felicity ; and have all yours for ad
allowed
both
ever lighteth upon a square. Is he denied the hopes of favours to come ? He can
any way,
it
vantage?
do not mean, that he should divide him
resort to the
remembrance of contentments past. Destiny cannot repeal that which is past. Doth he find the acknowledgment of his affection small 1
self in both pursuits, as in your feigning tales to wards the conclusion you did yield him ; but be
cause
all
these are in the hands of his mistress
more
fully to bestow, than they
can be attained
He may
within.
find the merit of his affection the greater.

is
;
Fortune cannot have power over that which
Nay, his falls are like the falls of Antaeus His clouds are like the kingdom, during her most flourishing reign in they renew his strength. clouds of harvest, which make the sun break forth thankfulness whereof, they have adorned and with greater force. His wanes are changes like the accomplished her majesty with the gifts of all the moon s, whose globe is all light towards the sun, sisters. What library can present such a story
;
by your addresses, knowledge, fame, fortune. For the muses, they are tributary to her majesty for the great liberties they have enjoyed in her
when
it is all dark towards the world ; such is the of great actions, as her majesty carrieth in her At royal breast by the often return of this happy excellency of her nature, and of his estate. What worthy author, or favourite of the tend, you beadsman of the muses, you take your day! Or what lan pleasure in a wilderness of variety ; but it is but muses, is not familiar with her?
of shadows. You are as a man rich in pictures, medals, and crystals. Your mind is of the water, which taketh all forms and impressions, but is
guage, wherein the muses have used to speak, is unknown to her? Therefore the hearing of her,
the observing of her, the receiving instructions her, may be to Erophilus a lecture exceed
weak
of substance.
Will you compare shadows from

ing
with bodies, picture with life, variety of many beauties with the peerless excellency of one? the element of water with the element of fire ? And such is the comparison between knowledge and
love.
all
dead monuments of the muses.
For fame,
can
all
title,
the exploits of the war win him such a as to have the name of favoured and selected
Come
noise.
out,
man
of war
you must be ever
in
For fortune, can any servant of such a queen ? insolent politique promise to himself such a for tune, by making his own way, as the excellency
of her nature cannot deny to a careful, obsequious, and trouble nations, and remove landmarks of and dutiful servant? And if he could, were it and hunt men, and pen tragedies in equal honour to obtain it by a shop of cunning, kingdoms, blood : and, that which is worst of all, make all as by the gift of such a hand ? Wath the Therefore Erophilus s resolution is fixed: he the virtues accessary to bloodshed. all her enchantments. practice of force so deprived you of the use of renounceth Philautia, and
reason, as that you will compare the interruption of society with the perfection of society 1 the conquest of bodies with the conquest of spirits ?
the terrestrial
fire,
You
will give laws, and advance force,
For her recreation, he will confer with his muse; for her defence and honour he will sacrifice his
with the
life in the wars, hoping to be embalmed in the which destroyeth and dissolveth, sweet odours of her remembrance. To her service which quickeneth and will he consecrate all his watchful endeavours, fire, And such is the comparison be and will ever bear in his heart the picture of hei giveth lifel in his actions, of her will ; and in his tween the soldier and the lover. beauty And as for you, untrue politique, but truest fortune, of her grace and favour.
celestial
REMEMBRANCES FOR THE
KING,
BEFORE HIS GOING INTO SCOTLAND.
PLEASE VOUR MAJESTY, be but as a long pro gress, and that your majesty shall be still within your own land, and therefore any extraordinary course neither needful, nor, in my opinion, fit;
IT
MAY
ALTHOCCH your journey
yet, nevertheless, I thought it agreeable to my duty and care of your service to put you in mind majesty, in your great wisdom, may pi rliaps of those points of form, which have relation, not think of many things that I cannot remember or so much to a journey into Scotland, as to an ab foresee: and therefore it was fit to refer those
It is true I cannot foresee any such case of such sudden necessity, except it should be the apprehen sion of some great offenders, or the adjournment of the term upon sickness, or some riot in the city, such as hath been about the liberties of the But your Tower, or against strangers, &c.
sence from your city of London for six months, or things to your better judgment. to a distance from your said city near three hun Also my lord chancellor s age and health is dred miles, and that in an ordinary course; where such as it doth not only admit, but require the in I lead myself by calling to consideration what accident of his death* to be thought of, which
such a time as the very commissions beforementioned, and writs, and therefore to be supplied by some precedent which require present despatch, cannot well be warrants. put off. Therefore your majesty may be pleased First, your ordinary commissions of justice, of to take into consideration, whether you will not need not your signature, have such a commission as was prepared about assizes, and the peace,
things there are that require your signature, and may seem not so fit to expect sending to and fro;
may
fall in
of ordinary justice
but pass of course by your chancellor.
And your this time twelvemonth in my lord s extreme sick commissions of lieutenancy, though they need ness, for the taking of the seal into custody, and your signature, yet, if any of the lieutenants for the seal of writs and commissions for ordinary should die, your majesty s choice and pleasure justice, till you may advise of a chancellor 01
may
fit,
be very well attended. Only I should think keeper of the great seal. under your majesty s correction, that such of Your majesty will graciously pardon my care, your lord lieutenants as do not attend your person which is assiduous and it is good to err in caring were commanded to abide within their countries even rather too much than too little. These
;
respectively.
things, for so
much
as concerneth forms, ought to
For grants, if there were a longer cessation, I think your majesty will easily believe it will do no hurt. And yet if any be necessary, the con
tinual despatches will supply that turn.
proceed from
my
place, as attorney, unto
which
That which is chiefly considerable is proclama which all do require your majesty s signa ture, except you leave some warrant under your great seal 10 your standing council here in London.
tions,
you have added some interest in matter, by making me of your privy council. But for the main they rest wholly in your princely judgment, being well informed because miracles are ceased, though admiration will not cease while you live.
;
Endorsed,
February 21, 1C16.
ACCOUNT OF COUNCIL
For, remedy against the infestation of pirates, than which there is not a better work under heaven, and therefore worthy of the great care his majesty
BUSINESS.
of the merchants of London, writing, on the behalf that there will be a contribution of twenty thou
hath expressed concerning the same, this is done: First, Sir Thomas Smith* hath certified in
sand pounds a year, during two years space, towards the charge of repressing the pirates
or Biboroueh in Kent, second son of Thomas Smith, of He had farmed the rnsOtenli:uieer. of tint county. tuins in the. reifjn of Queen Elizabeth, and was sent by King James I. ambassador to the court of Russia, in Marrh, 1601; from wh.-nrH reinrnine, lie w:is innde governor of the society Kf m. ri-lmiNlrailinztothr Ivist Imlir<, Muscovy, the French
V.*<\.
pany of Virginia. in April, which was burnt on the 30th of January, 1618; and his employments of govern. 1619, he was removed from of frauds committed treasurer, upon several complaints
b>
He
built a mapnificent
house
at neptfor,;,
ami
sin,,, IKT Isl-imU
and treasurer
fur the
colony and com-
He died at the age of seventy, on the 15th of March, the great seal on the third of mat 1616-7, having resigned month ; which was given on the 7th to Sir FrancU
BMM
VOL.
II.
68
537
538
wherein
the
ACCOUNT OF COUNCIL BUSINESS.

we do
both conceive that this, being as
will be increased.
selected justices
to
have the care and charge
first offer,
sider, also, that the
merchants of
And we con the west, who
have sustained
in proportion. far greater damage than those of London, will come into the circle,
thereof laid upon them ; and they answerable for the observing of his majesty s proclamation, and for stop of all farther building; for which pur
and follow the example

letters are directed
and
for that
purpose
poses the said Eslus are warned to be before the board, where they shall receive a strait charge,
unto them.
and be
tied to a continual account.
s marshals there is already arming and proceeding against them, in respect direction given for the city and the counties ad that my lord admiral* cometh not yet abroad, jacent; and it shall be strengthened with farther
Secondly,
for the consultation de
modo of the
For the provost
commission, if there be cause. For the proclamation that lieutenants, (not be ing counsellors,) deputy lieutenants, justices of the peace, and gentlemen of quality should depart calling to that conference Sir Robert Mansell, the city, and reside in their countries, we find the and others expert in sea service, and so to make city so dead of company of that kind for the pre sent, as we account it out season to command that report unto the board. At which time some prin But after men have cipal merchants shall likewise attend for the which is already done.
the table hath referred
it
to
my
lord treasurer, f
Carew,}: and Mr. Chancellor of the Exchequer, who heretofore hath served as trea surer of the navy, to confer with the lord admiral,
the Lord
lords
better information.
that,
So
when
this is done, his
majesty shall
attended their business the two next terms, in the end of Trinity term, according to the custom,
be advertised
majesty
from the table ; whereupon his be pleased to take into his royal both the business in itself, and as consideration, it may have relation to Sir John Digby s embas-
when
the justices shall attend at the Star
Cham
may
ber, I shall give a charge concerning the same; and that shall be corroborated by a proclamation,
if
cause be.
For the information given against the WitherFor safety and caution against tumults and dis ingtons, that they should countenance and abet orders in and near the city, in respect of some the spoils and disorders in the middle shires, we idle flying papers, that were cast abroad of a May find the informers to falter and fail in their day, &c. the lords have wisely taken a course accusation. Nevertheless, upon my motion, the
sage.
neither to nurse
it
or nourish
it
by
too
much ap
provision
is
prehension, nor
to
make
all
much less to neglect due sure. And therefore order

the trained
given,
bands as the military bands newly erected shall be in muster as well tons or others. For the causes of Ireland, and the late letters weekly, in the mean time, on every Thursday, which is the day upon which May-day falleth, as from the deputy,* we have but entered into them, in the May-week itself, the Monday, Tuesday, and have appointed Tuesday for a farther consul Wednesday, and Thursday. Besides that, the tation of the same; and, therefore, of that subject strength of the watch shall that day be increased. I forbear to write more for this present. For the buildings in and about London, order Endorsed, An account of Council Business. is given for four selected aldermen and four March 30, 1617.
that as well
table hath ordered, that the informer shall attend one of the clerks of the council, and set down articulately what he can speak, and how he can prove it, and against whom, either the Withering-
AN ACCOUNT OF COUNCIL
BUSINESS,
HIS MAJESTY.
AND OF OTHER MATTERS COMMITTED TO ME BY
FIRST, for May-day, at which time there was great apprehension of tumult by apprentices and There was never such a still. loose people. The remedies that did the effect were three.
* Charles Howard, Earl of Nottingham.
t
Thomas Howard,
Earl of Suffolk.
Carew, who had been president of Minister, and was now master of the ordnance. He was created Earl of Totness by King Charles I., in 162. } Sir Fulk Grevile.
t Georpe,I.ord
In Ireland,
First, the putting in muster of the trained bands and military bands in a brave fashion that way. Next, the laying a strait charge upon the mayor and aldermen for the city, and justices of the peace for the suburbs, that the apprentices and others might go abroad with their flags and other gauderies, but without weapon of shot and pike, as they formerly took liberty to do ; which charge
* Sir Oliver St. John, afterwards Viscount Grandison.
ACCOUNT OF COUNCIL
was exceedingly A ml tin- last was,
well performed and obeyed. that we had, according to our warrant dormant, strengthened our commissions of the peace in London and Middlesex with m-w clauses of lieutenantcy ; which, as soon as it \\ as
tin-
BUSIM>s.
539
to
chancery, which did seem
them exorbitant,
and friendly
or inordinate; that they should freely
acquaint me with it, and we should soon agree; or if not, we had a master that could easily both dis
cern and rule. At which speech of mine, besides a great deal of thanks and acknowledgment, I did see cheer and comfort in their faces, as if it were
known
abroad,
all I
was
quiet by
the terror
it
it maketh good gave his majesty at his a now world. first removes, that all should be The second point was, that I let them know quiet, for which I received his thanks. how his majesty at his going gave me charge For the Irish affairs, I received this day his to call and receive from them the accounts of majesty s letters to the lords, which we have not their circuits, according to his majesty s former yet opened, but shall sit upon them this afternoon. prescript, to be set down in writing. And that I I do not forget, besides the points of state, to put was to transmit the writings themselves to his
wrought.
This
write because
my
further assurance I
remembrance that his majesty majesty, and, accordingly, as soon as I have re upon him the care of the improvement of the ceived them, I will send them to his majesty. revenue of Ireland by all good means, of which I Some two days before I had a conference with find his lordship very careful, and I will help some judges, (not all, but such as I did choose,) him the best I can. touching the high commission, and the extending The matter of the revenue of the recusants here of the same in some points, which I see I shall be in England I purpose to put forward by a con able to despatch by consent, without his majesty s ference with my Lord of Canterbury, upon whom further trouble. the king laid it, and upon Secretary Winwood I did call upon the committees also for the pro and because it is a matter of the exchequer, with ceeding in the purging of Sir Edward Coke s Re my lord treasurer and Mr. Chancellor, and after to ports, which I see they go on with seriously.* take the assistance of Mr. Attorney and the learned Thanks be to God, we have not much to do counsel, and when we have put it in a frame, to for matters of counsel; and I see now that his
my
lord treasurer in
laid
certify his majesty.
majesty
is, I
The
this
business of the pirates

to his
doubt not, by
majesty upon the letters of us the commissioners, whereof I took special cire. And I must say I find Mr. Vice-Chamberlain a
time come
is as well able by his letters to govern England from Scotland, as he was to govern Scotland from England.
good able man with his pen. But to speak of the main business, which is the match with Spain, the king knows my mind by a former letter; that I would be glad it proceeded with a united
counsel
;
During the time that my Lord Chief Justice Coke lay under the displeasure of the court, for the reason* I have mentioned in the Discourse preceding these letters, gome
information was given to the king, that he, having published eleven books of Reports, had written many things againitl his majesty s prerogative. And, being commanded to ex plain some of them, my Lord Chancellor Ellesmere doth, thereupon, in his letter of 22d of October, 1610, write thus to the king According to your majesty s directions signified unto me by Mr. Solicitor, I called the lord chief justice before me on Thursday, the ITili instant, in the presence of Mr. Attorney and others of your learned counsel. I did let him know your majesty s acceptance of the few animadversions which, upon review of his own labours, he had sent, though fewer than you expected, and his excuses other than you expected. And did at the same time inform him, that his majesty was dissatisfied with several other passages therein; and those not the principal points of the cases judged, but delivered by way of expatiation, and which might have been omitted without prejudice to the judgment of which sort the attorney and solicitor-general
: :
be
free.
But
not but that votes and thoughts are to yet, after a king hath resolved, all
men ought to co-operate, and neither to be active nor much loquutive in oppositum especially in a case
,
where a few dissenting from the

business inforofamae.
rest
may hurt the
Yesterday, which was my weary day, I bid all the judges to dinner, (which was not used to be,) and entertained them in a private withdrawing
chamber, with the learned counsel.

feast
When
the
set
was passed,
at the
came amongst them, and
did for the present only select five,
which being delivered
to
end of the table, and prayed them the chief Justice on the 17th of October, he returns his an swers at large upon the 21st of the same month, the which to think I was one of them, and but a foreman. I have seen under Ins own hand. It true, the lurd chancellor told them I was weary, and therefore must be wished he might have been spared all service concerning the chief justice, as remembering the fifth petition of Jimittt noshort, and that I would now speak to them upon bit debit a nottra, Ac. Insomuch that, though a committee ot two points. Whereof the one was, that I would judges was appointed to consider these books, yet matter
me down
th<-
them plainly, that I was firmly persuaded, that the former discords and differences between
tell
seems
to
have
slept,
till
after Sir
Francis Bacon
was made
the chancery and other courts were but flesh and blood ; and that now the men were gone, the
lord keeper.it revived, and two judges more were added to the former. Whereupon, Sir Edward Coke doth, by his let
ter,
1.
make
That
if lii*
matter
was gone
and
that, for
my
part, as
offer, viz.
his humble suit to the Enrl of Biickingham,majesty shall not be satisfied with by the advice of the judges to explain and piiMi-h
I
r<
suffer any the least diminution or dero from the ancient and due power of the chancery, so, if any thing should be brought to them at any time, touching the proceedings of
would not
gation
in nn aiMinst In- prerothose points, so as no shadow ma) that then all the judges of England may t.e railed gative thereto. 2. Tim they niiifht certify slso what cases he had published for his majesty s prerogative and benefit, for the good of the church, and quit-tine men s inheritances, and gorxt But Sir Edward being then or oo of the commonwealth.
;
A
A.
DRAUGHT OF AN ACT
USURIOUS SHIFT OF GAIN, IN DELIVERING COMMODITIES INSTEAD OF MONEY.
WHEREAS it is a usu.il practice, to the undoing and overthrowing many young gentlemen, and others, that when men are in necessity, and desire to borrow money, they are answered, that money cannot be had, but that they may have commodi ties sold unto them upon credit, whereof they may make money as they can in which course it ever comes to pass, not only that such com modities are bought at extreme high rates, and sold again far under foot to a double loss ; but also that the party which is to borrow is wrapt in bonds and counter-bonds; so that upon a little money which he receiveth, he is subject to penal ties and suits of great value.
:
of the same commodities, and knowing that it ia bought to be sold again, to help and furnish any person, that tradeth not in the same commodity,
with money, he shall be without

or
all
remedy by
law, or custom, or decree, or otherwise, to recover
demand any satisfaction for the paid wares or commodities, what assurance soever he shall
have by bond, surety, pawn, or promise of the And that all party, or any other in his behalf. bonds and assurances whatsoever, made for that
purpose directly or indirectly, shall be utterly void. And be it further enacted, by the authority
aforesaid, that every person, which shall after the time aforesaid be used or employed as a broker,
Be it therefore enacted, by the authority of this present Parliament, that if any man, after forty days from the end of this present session of Par
liament to be accounted, shall
mean,
or procurer, for the taking up of such com modities, shall forfeit for every such offence tho sum of one hundred pounds, the same to be
and shall be farther punish sell in gross sale any quantity of wares or commodities unto such a ed by six months imprisonment, without bail or the pillory. one as is no retailer, chapman, or known broker mainprise, and by
A PROPOSITION
FOR THE
REPRESSING OF SINGULAR COMBATS OR DUELS,

IN
THE HANDWRITING OF
SIR
FRANCIS BACON.
may
coming into favour by the marriage of his daughter, I conceive there was no farther proceedings in this affair. It will be needless for me to declare what regulation these hooka have among the professors of the law ; hut I cannot omit, upon this occasion, to take notice of a character Sir Francis Bacon had some time before given them, in his pro position to the king touching the compiling and amendment of the laws of England. To give every man his due, had it not been fur Sir Edward Coke s Report*, which, though they may
after,
"
FIRST, for the ordinance which his majesty to any offence past, for that strikes before it I wish also it may be declared to be establish herein, I wish it may not look back warns. temporary, until a Parliament; for that will be
very acceptable to the Parliament; and it is good to teach a Parliament to work upon an edict or proclamation precedent. For the manner, I should think
fit
there be
published a grave and severe proclamation, in duced by the overflow of the present mischief.
have errors, and some peremptory and extrajudicial resolu more than are warranted, yet Ihey contain infinite good decisions and rulings over of case*, ihe law by this time had been almost like a ship without ballast; for, lint the raws n f modern experience :\rv fled from those that are admid ruled in former time."
tions
For the ordinance

offence
itself:
first, I
consider that
hath vogue only
amongst noble per
I consider also that sons, or persons of quality. the greatest honour for subjects of quality in a
lawful monarchy,
is to
have access and approach
540
OF THE Nr^W COMPANY.

to their
541
fol
singular combat, upon what good spirit liut will think himself in darkness, it quarrel soever, is acted and performed, though he be debarred of it. Therefore I do propound, death do not ensue.
all
1.
sovereign s sight and person, whioK is the fountain of honour: and thougn tliis be a comfort persons of quality do not use; yt then is no
Lastly, For the causes, that they be these
lowing:
Wheie any
th.it the punishment he, that principal p;irt o the offender, in the casos hereafter set down, be banished perpetually from approach to the courts
1
th>;
J. Where any person passeth beyond the seas, with purpose to perform any singular combat, though it be never acted.
3. Where queen, or prince. 4. Where Secondly, Tnat the same offender receive a the king s attorney, ore 5. Where strict prosecution oy in the Star Chamber; for the fact being challenge. timm, 6. Where notorious, will always be confessed, and so
of the
kin<;,
any person sendeth a challenge. any person accepteth a challenge. any person carrieth or delivereth a
any person appointeth the
field,
made
cution
fit
for
an ore
tenus.
And
that this prose
without respect of person, be the offender never so great; and that the fine set be
be
irremissible.
directly, or indirectly, although it be not upon any cartel or challenge in writing. 7. Where any person accept to be a second in
any quarrel.
ADVICE TO THE KING.

FOR REVIVING THE COMMISSION OF
SUITS.
THAT which for the present I would have ner of his speaking imported no distraction. But spoken with his majesty about, was a matter the counsel I would out of my care ground here wherein time may be precious, being upon the upon, is, that his majesty would revive the com For though the mission for suits, which hath been now for these tenderest point of all others. For it may three years or more laid down. particular occasion may be despised, (and yet no thing ought to be despised in this kind,) yet the prevent any the like wicked cogitations, which counsel thereupon I conceive to be most sound the devil may put into the mind of a roarer or and necessary, to avoid future perils. swaggerer upon a denial: and, besides, it will There is an examination taken within these free his majesty from much importunity, and few days by Mr. Attorney, concerning one Bayn- save his coffers also. For I am sure when I was tan, or Baynham, (for his name is not yet certain,) a commissioner, in three whole years space there attested by two witnesses, that the said Bayntan, passed scarce ten suits that were allowed. And without any apparent show of being overcome I doubt now, upon his majesty s coming home with drink, otherwise than so as might make him from this journey, he will be much troubled with less wary to keep secrets, said that he had been petitions and suits, which maketh me think this It is not meant, that lately with the king, to petition him for reward remedy more seasonable. of service; which was denied him. Whereupon suits generally should pass that way, but only was twice in his mind to have killed his such suits as his majesty would be rid on. it majesty. The man is not yet apprehended, and Endorsed, said by some to be mad, or half mad which in
;
my
opinion,
is
men commonly do most
not the less dangerous ; for such mischief; and the man
September 21, 1617,

suits.
To
For
revive
the
the.
commission of
King.
REASONS
WHY THE NEW COMPANY
IS
NOT TO BE TRUSTED AND CONTINUED WITH THE TRADE OF CLOTHES.
FIRST, The company consists of a number of and fine clothes, but only meddle with the coarse young men shopkeepers, which not being bred in clothes, which is every man s skill and, besides, the trade, are fearful to meddle with any of the dear having other trades to live upon, they come in the
;
27.
542
OF TI1K
NKW COMPANY.
(
sunshine so long as things go well, -ami most, and is provided for but a temporary am as they meet with any storm or cloud, they leave \N :k remedy) is supposed would be presently ai Whereas an end, upon the revivor of the old ; in respect that trade, and go back to shopkee|>ing. the old company were beaten traders, and having they are able men and united amongst themselves no other means of living but that trade, were fain Fifthly, In these cases, opinio e./ vcritutc major, and the very voice and expectation of revivor of to ride out all accidents and difficulties, which (be ing men of great ability) they were well able to do. the old company will comfort the clothiers, and Secondly, These young men being the major encourage them not to lay down their looms. Sixthly, The very Flemings themselves (in part, and having a kind of dependence upon
ty of voices.
regard of the pique they have against the new plurali yet those few of the old com company) are like to be more pliant and tractable pany which are amongst them do drive almost towards his majesty s ends and desires. three parts of the trade ; and it is impossible Seventhly, Considering the business hath not things should go well, where one part gives the gone on well ; his majesty must either lay the
Alderman Cockaine, they carry things by
And
execution of
never consented, which and cannot last.
upon the matter itself, or upon the persons managed it; wherein the king shall best violcnlus, acquit his honour, to lay it where it is indeed ; that is, upon the carriage and proceedings of the Thirdly, The new company make continually new company, which have been full of uncertain such new springing demands, as the state can ty and abuse. never be secure nor trust to them, neither doth it Lastly, The subjects of this kingdom generally seem that they do much trust themselves. have an ill taste and conceit of the new compr.ny, Fourthly, The present stand of cloth at Black- and therefore the putting of them down will
vote,
;
and the other doth the work

all is
so that the
fault
things lies chiefly upon them that that have
merely motus
di*<
well-hall
(which
is
that that presseth the state
charge the state of a great deal of envy.
MISCELLANEOUS TRACTS.
[TRANSLATED FROM THE
LATIN.]
OF THE INTERPRETATION OF NATURE

unity of nature, nor the legitimate lints of things, and shall not be able to interpret.
7.
XII.
SENTENCES.
Man.
Of
1.
the Condition of
He who
hath not
first,
and before
all, inti
MAN,
and
does
the servant and interpreter of nature, understands as much, as he shall
really or mentally observe of the order of nature, himself meanwhile enclosed around by the laws
mately explored the movements of the human mind, and therein most accurately distinguished the course of knowledge and the seats of error, shall find all things masked and, as it were, en chanted, and, till he undo the charm, shall bo
unable
to interpret.
of nature.
2.
The
limit, therefore, of
is in
knowledge,
is
the faculties, with

for
human power and 8. He who is occupied in inquiring into the which man causes of things obvious and compound, as flame,
dreams, fever, and doth not betake himself to
simple natures
;
endowed by nature
moving and perceiv
ing, as well as in the state of present things. For beyond these bases, those instruments avail not.
first,
to those
which are popu
art larly esteemed such ; next, to those which by are reduced and, as it were, sublimed to truer
3. These faculties, though of themselves weak simplicity, he shall, perhaps, if in the rest he err and inept, are yet capable, when properly and not, add to inventions some things not to be con But he shall regularly managed, of setting before the judgment temned, and next to inventions. and use things most remote from sense and action, effect nothing against the greater secularities and of overcoming greater difficulty of works of things, nor shall he be named an interpreter. and obscurity of knowledge, than any one hath
yet learned to wish.

4.
Truth
is
is oblique,
the
who comes to interpret thus prepare of devious rather and qualify himself; let him not be a follower novelty, nor of custom or antiquity; neither let than difficult. him embrace the license of contradicting or the Let him not be hasty to servitude of authority. Of the Impediments of Interpretation. affirm or unrestrained in doubting, but let him
the
9.
one, interpretation one; but sense mind alien, the matter urgent; yet
Of
the Qualities of the Interpreter.
Let him
work
itself
of interpretation
is
affirm, shall establish principles proved, (as he
to doubt, and eager to produce every thing marked with a certain degree of probation. Let hope be the cause of labour and manifest, and, according to him, not of idleness. Let him estimate things believes,) conceded, to the unmoved truth of these, shall reject or re not by their rareness, difficulty, or credit, but by Let him manage his pri ceive others as repugnant or favourable ; he shall their real importance. things for words, reason for insanity, vate affairs under a mask, yet with some regard Let him prudently the world for a fable, and shall be incapable of for the provisions of things.
5.
Whoever, unable
p\rh;in<j>
interpreting.
6.
oliMTv.
the
first
entrances of errors into truths,
hath not mixed, confounded, and and of truths into errors, nothing contemning or Let him know the advantages of reduced into a mass, all distinction of tilings, admiring. which appears in the commonly established his nature; and let him humour the nature of and the names imposed, shall not see the others, for no man is angry with the stone that in vpecies,
He who
543
544
Let him, as striking him. scan the natures of things
uses of mankind.
it
;
INTERPRETATION OF NATURE.
were, with one eye with the other, the
let
i
and
i
Of words
him
distinctly
works most fruitfm altogether unknown, that they have not before this time, or now suddenly, been discothere remains such store of
know
the mixed nature, which especially partakes
vered
are
[
at the
same time thou
inquires!
what they
by name, and promisest to thyself immurt.ility, or freedom from pain, or transporting pleasure, But thou bestowest liberally upon thyself, my grows. which he son, and wilt hunt after hope from knowledge, as ing or in setting forth the knowledge hath obtained, but ingenuous and prudent, and from ignorance thou didst begin to hunt despair, let him commend his inventions, not ambitiously Is it also by art, that the work must be adopted, or spitefully, but first in a manner most vivid and Yet, as far as may be, I shall satisfy thy doubt, That these things are suddenly fresh, that is, most fortified against the injuries and obey thee. of time, and most powerful for the propagation known, my son, is no wonder. Knowledge is of Also the noble things of science, then least capable of begetting errors, quick, time of tardy birth. and, above all, such as may procure him a legiti- which were invented before these, were not by
of advantage and of inconvenience. determine that with inventions the art of inventAlso, let him not be vain in concealing
j
[ | !
Let him
mate reader.
Of
10.
the
Duty of
the Interpreter.
;
the light of former knowledge gradually invented, but by chance, (as they say,) abundantly. But
in things
mechanical there
is
a certain extension
qualified and prepared, let the interHe will consider preter, proceed in this way.
Thus
of what
not the
is
name
already invented, which yet deserves of new invention. The way is not
the condition of man, and remove the impediments of interpretation; then, girded up for his
work, he will prepare a history and regular series of tables, at the same time appointing their uses, co-ordinations, occurrences, and appendages. He will exhibit the solitude of things and their resemblance of each other. He will also make a selection of things, and those which are most primitive or instant, that is, conduce especially to
Yet, when I say long, my son, but ambiguous. that these things have not come to view before this time, hast thou ascertained, how much was known to all antiquity, or in all countries, or
>
even to single individuals. But I almost agree with thee, my son, and will lead thee higher by
the hand.
Thou
art
doubtest not but that
if
men
had never existed,
many
of the things which are
(as they say) would have been the invention of other things, or to human wants, wanting, as marble statues, clothes. But now, and he will place first in order. He will also observe men, have not they too their motions which they the pre-eminences of instances, which can do obey? Truly, my son, more subtle, and nore
made by
And thus furnished, to shorten his work. he will at length maturely and happily Undertake and complete rearrangements and new tables, and the interpretation itself now easy and following] spontaneonsly, nay, almost as if snatched away from the mind. Which, when he shall have accomplished, he will immediately perceive and number, in their pure and native light, the true, eternal, and simplest motions of nature, from the ordinate and well adjusted progress of which arises all this infinite variety, both of the present and of all ages. And meanwhile from the beginning of his work he will not fail to receive con-
much
difficult to
certain.
will.
I
comprehend by knowledge, yet eq. ally Indeed, you will say, men obey their Such a cause hear, but this is nothing.
is in
as fortune
the universe, such
is
the will in
any thing therefore is produced, yet not without man, and lies also beyond the ways of Man lights man, is it not equal to nothing?
If
certain inventions which, as it were, present themselves, others he attains to by foreseeing the
man.
upon
stantly, as interest, for
human
affairs
end and knowing the means. The knowledge of the means however he derives from things obvious. In which number then shall be placed those inventions which from things obvious remany things ceive neither obvious effect nor method and light
j
,
and unknown. But from hence again, altogether directing himself to and intent upon the uses of mankind, and the present state of things, he will, in diverse ways, dispose and arrange the whole To natures the most secret he will for action. assign others explanatory, and to the most absent others superinductory. And then at last, like a second nature, he will institute generalities, the errors of which may be accounted monsters, yet also saving to himself the prerogative of
his art.
the Provision of
of operations ? Such works are called Epistemides, or daughters of science, which do not otherwise come into action than by knowledge
and
pure interpretation, seeing they contain nothing obvious. But between these and the obvious now many degrees thinkest thou are numbered ? Receive, my son, and seal,
as
my son, I counsel thee, especially necessary, with an enlightened and sober mind to distinguish the interpretation
12. In the last place,
is
Of
11.
Things.
of things divine and things natural, and not to suffer these in any way to be mingled together.
Errors enough there are in this kind.
Nothing
is
receives! these things with Ianjid hope and zeal, my son, and wonderest, if
But thou
learned here unless by the similitudes of things to each other: which, though they seem most dis-
INTERPRETATION OF NATl
Biniilar,
>lo
in:.
545
to the inli Tpp tcr.
yet contain a genuine similitude known Hut (Jod is as similar to thee,

a
fling
ctiiiiiiiimieatin<r
which pertain to the legitimate mode of tin v M knnw ledm- ? :n tn

D"
and withiiut
him.
(Jive
figure.
\N
heref.>re,
e\|ieet (Vein
tin
>
MI free and easy, that

it
it
tlir int tlicd
i>
i.
Miflieient
f.iitli
liirht
fnr
the
knowledge of
that
that
affords
Ir.is
no handle or occasion
f
fur
rn rl
r
i
to wliiit is
of faith.
a certain inherent
ami innate JH.W,

tin-
ri m-iliatiii
heli<
and repelling
tlius
ii.jur
time,
MI that
knowledge
life s
delivered, like a
CHAPTER
I
FIRST.
I),
Legitimate Jfe& ,f
lirmng.
freshness, may spread daily and grow to maturity] that it will set apart for 7 i|s| ., ft andf ag u werp< adf)pt a legitimatc rea(i ,. r
plant full of
in bringing forward, or, on the oilier hand, in concealing the of things which they conceive them knowledge selves to have attained, do noways conduct
PERCKIVK,
my
son, that
many,
And whether
or not,
I
shall
have accomplished
all this
appeal to future time,
to their credit and duty. equal detriment, though perhaps with less blame, do those also offend, who, though of ex\Vitli
themselves according
CHAPTER SECOND.
I
cellent qualifications, are yet imprudent, and possess no art or precepts concerning the several
BUT, plainly, I dissemble not, my son, that in some way I must remove those philosophasters,
fuller of fables than the very poets, the ravishers
falsifiers of things ; and much more, and parasites, that professoand money-gaming crowd who dictates the song, that I may devote them to obliviorrl For, to destroy the importance of things, one might be what silence can there be for truth, when they are angry not without cause ; but we ought to con- thus clamorous with their brutish and inarticulate sider that the importunity of teaching doth even reasons ? But, perhaps, it were safer to condemn by right belong to the impertinences of things. them by name, lest, while they flourish with such But far different from these, when I am going to authority, if not named they may seem to be impart to thee, not the fictions of ingenuity, nor excepted, or lest any might conceive, seeing such the shadows of words, or the devotion mingled severe and mortal hatred at work amongst them, therewith, nor certain popular observations, or and such contentions, that I were sent to these certain noble experiments trimmed up into fables battles of larves and shadows to give assistance of theory, but in truth to bind and make over to the other side. Let us, then, summon Aristotle, unto thee nature with her offspring; does the ar- worst of sophists, crazed with useless subtlety, gument I have before me seem worthy of bring base laughing-stock of words. At a time when polluted by the ambition or ignorance or faulti- the human mind, carried by some chance as by ness of any sort with which it is treated T May favourable weather to somewhat of truth, did rest, I be such, my son, and may I so extend to its he ventured to lay the severest shackles on the given limits the narrowness, never enough la- mind, and to compose a kind of art of insanity, mented, of man s empire over the universe, and to bind us to words. Nay, also, out of (which, of things human, is my sole wish,) that his bosom have been produced and nourished most faithfully and from the deepest providence those most cunning prattlers, who, when they of my.mind, and the well explored state of things had turned away from all perambulation of this and of minds, I may deliver these to thee in the earth, and from all light of things and of history, most legitimate mode of all. But now, which exhibited to us, chiefly from the exceeding ductile Dismiss materials of his precepts and positions, and from (thou wilt say) is that legitimate mode T all art and circumstance, exhibit the matter naked the unquiet agitation of their own ingenuity, the
modes
of propounding things.
Yet need we not of minds,

rial
make complaint regarding
this malignity or ignorance in the teachers of knowledge. If, indeed, the unskilfulness of teaching they were through
also, their satellites
to us, that
that you were in a condition, dearest son, to admit of this being done. Thinkest thou that, when all the accesses and motions of
all
ment.
we may And would
be enabled to use our judg-
minds
are besieged and obstructed
by the oh-
manifold sweepings of the schools. But this their dictator is so much the more to blame than they, since even when engaged in the evident things of history, he brought back the darkest idols of some subterranean den ; and erected even
scurest idols deeply rooted and branded in, the sincere and polished areas present themselves in the true and native rays of things * niethi d must be entered upon, by which we may
glide into
the
upon the history itself of particular things certain works as of spiders, which he wished to seem
causes, when is tin v are utterly without strength Such also in our times hath Oeronimo or value.
,
Anew
delirium
minds most obstructed. For, as the of phrenetics is subdued by art and but by force and contention raised to ingenuity,
fury
;
Cardano constructed, both
at variance
with things
so, in this universal
moderation.
What
69
insanity we must use Are these conditions tri-
VOL.
II.
and with himself. Yet, augur not, my son, that while I entertain this opinion against Aristotle. I have conspired with his rebel, a certain Pierro Ramus. No commerce have I with this nest of 2 z 2
540
i
ignorance, most pernicious moth of letters, who twists and presses things with the chains of his method and compendium, till the things, indeed,
tories,
did,
who, in theories as madly as the rest, more copiously indeed, from the supinesf
any there be, escape altogether and leap out; but he himself grasps the arid and most deserted trifles. And Aquinas, indeed, with Scotus and his fellows, contrived a variety of things, even
if
conjectures, compound the promises rather than the aids of vulgar medicines. Take a.so thy companions the careless crowd of moderns. Ho!
Nomenclator,
are
call
them.
unworthy of having
their
But he replies, they names preserved by
when their subjects were nonentities; but this him. As, however, I recognise certain grades man hath, even on subjects having real existence, among triflers of this kind, the worst and most produced the vacuity of nonentity. And although absurd sort are those who in method and accurate
j
I can better endure Galen weighing his elements, than thee adorning thy dreams. For the occult properties of things ex cite him, but thee the common and promiscuous Meanwhile, unhappy we, that dwell qualities. amid such odious impertinences But how eagerly knowledge of things, they did corrupt the severer this most skilful impostor inculcates the triad of investigation of truth. Among these were Marcus principles, a fiction not altogether useless, and Hear still graver Cicero, and Annaeus Seneca, and Plutarch of somewhat allied to things Chaeronea, and many others nowise equal to charges By mingling things divine with things these. Let us now proceed to physicians. I see natural, profane and sacred, heresies with fables,
he is such a man, yet doth he impudently talk of uses to mankind, so that even when compared with the sophists he seems to prevaricate. But let us dismiss these. And now let Plato be sum moned, that polite caviller, tumid poet, insane And, surely, when thou wast filing theologian. and putting together I know not what philosophic rumours, and simulating knowledge by dissem bling it, and tempting and loosening men s minds with vague inductions, thou mightest either have ministered discourses to the feasts of literate and polite men, or also grace and love to ordinary discourses. But, when thou didst counterfeit truth, which is as it were the indigenous inha bitant of the human mind, migrating from no where else, and didst turn aside our minds, which are never sufficiently applied and brought back to history and to things themselves, and teach them to enter into themselves, and under the name of contemplation to wallow amid their blind and most confused idols, thou didst then commit a And afterwards, with scarcely capital offence. less naughtiness, didst thou introduce an apo theosis of folly, and dare to defend with religion thy meanest cogitations. For it is a slighter evil that thou hast been the parent of philologers, and that under thy guidance, and the auspices of thy manifold genius, ensnared and satisfied with fame and the popular and smooth jucundity of the
discussion
comprehend
universal
art,
and are
usually applauded for their elocution and arrange ment; such is Fernelius. Those do less harm,
who
display a greater variety and propriety of observations, though deluded with and immersed in the most foolish pretences; as Arnold us de I Villa Nova, and others the like sort. perceive,
on the other side, the cohort of chymists, among whom Paracelsus boasts himself above the rest ;
who by his audacity merits separate correction. What oracles of Bacchus dost thou pour out in thy new meteorics, thou rival of Epicurus]
something else, commit his opi Thou, more foolish than any fate, art ready to swear to the words of the absurdest falsehood. But let us see thy other works. What
did
in
Yet
he, as if asleep, or doing this matter as it were

fate.
nions to
mutual imitations of the

thou,
fruits of thy
elements?
what correspondencies; what
parallels dreamest fanatical joiner of idols! for thou hast
made man indeed

notable
nature.
are
pantomime.
Yet,
how
those
namely, by which Wherefore
interpunctions, thy species thou hast broken the unity of
Galen, a man of the narrowest mind, a forsaker thou hast polluted (O, sacrilegious impostor!) of experience, and a most vain pretender. Art truth, both human and religious. The light of not thou he, Galen, who took away even the nature (whose most sacred name thou so often infamy of ignorance and indolence in physicians, usurpest with impure mouth) thou hast not hid, and put them in safety, the most sluggish definer like the sophists, but extinguished. They were of their art -and duty ? who, by declaring so many the deserters of experience, thou the betrayer, disorders to be incurable, proscribes! so many of Subjecting by rule the crude and masked evidence
|
the sick, cutting off their hope and the industry
EaO, dogstar! O, pestilence gerly seizing and displaying thy fiction of mixture, the prerogative of nature, and thy sedition between the heat of stars and of fire, deceitfully reducest human power to order, and seekest to
of physicians.
!
of things to contemplation, and seeking the Pro teuses of substances according to the computations of motions, thou hast endeavoured to corrupt the
mind
fountains of knowledge, and to strip the human and thou hast increased with new and ad;
defend for ever thy ignorance by despair. Thou art unworthy 10 be longer detained. Thou mayest also take away with thee thy fellows and confederates, the Arabians, the framers of dispensa-
windings and tediousness of expeiiments, those to which the sophists were averse, and the empirics unequal ; so far art thou from
scititious
having followed or known the representation of

experience.
And
also the boastings of the
Magi
[INTERPRETATION OF NATURE.
thoa hast every w here done thy almost to Amplify, forcing the ui"st importunate cît itj.ms liy hope, ami by promises, at once the contriver and
li<>[>e
547
fast looking, yrt with eyes not moving and inAtterwards, quiring, but stupid and cnteehled. his sight recovering somewhat from the stupor,
the
w>rk
Paracelsus,
of imposture. Among thy followers, I envy thrr now l)iit IVtrus Scverinus,
he receives certain
idols, not indeed
those hugo
in.in not deserving to spend his lift- amid such Surely tliou art innch indebted impertinences. to him, Paracelsus, because he rendered the things wh it-It tliou (O, adopted of asses) used to bray,
idols of theories, but the more elegant which en compass the superficies of history; on swallow
ing which swelling, and half a sophist, and (alter the manner of his age) sheltered by brevity, heat
length (as these two think) sets forth his oracles, of which they seek lobe esteemed the interpre
harmonious and pleasant, by a certain melody and modulation, and most agreeable di verity of words,
ters ; while in reality he does nothing but either converting the odiousness of falsehoods into the deliver certain sophistications in sentences abrupt Yet I pardon thee, Severinus, and suspended, thus withdrawing them from delights of fable. or invest with stateliness the ob if, weary of the learning of sophists, which is not confutation ; only fruitless, but professedly courteth despair, servations of rustics. And nearest (as is com
thou soughtest other supports for our decaying monly believed) to his precepts, which are not Conn Una affairs. And when those pretensions of Paracelsus so unsound as useless, approaches Celsus, but a more intense sophist, and more presented themselves, commended by the procla
mations of ostentation, and the subterfuges of ob bound to history modified, sprinkling the same other moral moderation upon the progress of knowledge, scurity, and the affinities of religion, and adornments, thou didst surrender thyself with a and amputating the extremes of error, not rooting out the principles. And, regarding these, what certain impulse of indignation to these, not foun
things, but openings of hope. wouldst have acted rightly and in order,
tains of
Thou we have
if
said is
most
true.
But
now
hear thee,
from
my
the maxims of ingenuity thou hadst turned to the decrees of nature, which would have held out to And thee not only art short, but also life long.
I perceive the rest of the
son, inquiring whether, perhaps, as is done, they have not sought after the worst parts, espe
cially as the state of
democratic
knowledge is always almost Hath not time, like a river, brought
now, having passed sentence against Paracelsus, down

|
to us the light and inflated, and sunk the chymists fixed in asto- solid and weighty] What of those ancient in nishment. They immediately acknowledged his quirers after truth, Heraclitus, Democritus, Py decrees, which he himself promulgated rather than thagoras, Anaxagoras, Empedocles, and others, established, and fortified by arrogance, (plainly known by the writings of others, not by their own ? Lastly, what deem you of the silence and not after the ancient discipline,) instead of cau My son, (that I may tion; when, indeed, these men, reconciled to each the secrets of antiquity ? with me, for by much reciprocation of lying, everywhere hold answer these inquiries, as is usual a few fragments of anti forth abundant hope, and, wandering through the thy benefit,) I recognise these as by-ways indeed of experience, do at times, by quity, (of books found 1 speak not,) yet chance, not conduct, hit upon some things useful. specimens rather of the diligence and ingenuity,
|
j | i
Yet
in their theories they (as disciples of the furnace) have not withdrawn from their art. But,
than the knowledge of their authors. But, if I hint that those searchings of conjectures respect as that wanton youth, when he discovered a boat ing things, which, with their footsteps, have fled for me, studying upon the shore, sought to build a ship; so these away, are laborious ; and that, coalmen, from a few experiments of distillations, the utility of mankind for time coming, it were have attempted to erect a philosophy, which is unfitting to turn back to the philology of antiquity. thou everywhere obnoxious to those most absurd idols I know sufficiently that in thy modesty and liberations. Yet I count them wouldst acquiesce. Nevertheless, that thou of
1
separations not all alike ; forasmuch as there is a useful sort mayest perceive what two-faced prophets things of them, who, not very solicitous about theories, present are, and how they bring before us things do by a kind of mechanic subtlety lay hold of the both past and future, I have resolved to gratify extensions of things such is Bacon. There is a thee with tables of both times, (which may com base and detestable sort, who everywhere seek prise not only the courses and flowings of
;
i
knowledge, but also other provisions of things.) applause for their theories, by religion, hope, im for it; guch is And do not augur what this maybe, before seeing posture, wooing, and supplicating Isaac Hollandis, and by far the greater part of the it, for the true anticipation of this matter falls not rabble of chymists. And now let us summon to thee, and if it come not from thy hand, seek it
I
seller
in this matter, my son, I shall gratify Hippocrates, the creature of antiquity and the not. For, of years, to whose authority, when both some of yon, and conciliate the minds of the Galen and Paracelsus with much zeal strive to more delicate. Knowledge, indeed, is to be soughi betake themselves, as to the shadow of the ass, from the light of nature, not recovered from the
I
who hursts
seems
not into laughter ] And truly this man to cling to experience with perpetual stead
obscurity of antiquity.
i
Nor
;
is
it
what may have been done
we have
of importance only lo see
5i8
words, and with keenest glance directed ana brandished against the very ulcers tin nisclsrs offence. And, when they might have been much mingled and entangled together in tlieir crimes and guilt, I have, by their most peculiar marks, For, antiquity. .But, concerning those leaders of sects, but those capital, condemned them singly. whom thou hast named, and many more of like the human mind, my son, puffed up with the is proper to incursions and observations of things, contrives son, it is easy to decide. Variety And, unless the politics and educes very various species of error. But error, unity to truth. and provisions of the times had been adverse to Aristotle is as a taller plant of one species, so
<.f
what can be done. If a kingdom, subdued by arms and victorious war, were delivered to thee, wouldst thou frame questions whether or not thy ancestors had possessed it, and solicit the rumours of genealogies? So much for the recesses of
the peregrinations of such minds, many other regions of error would have been wandered over. For, an immense ocean encompasses the island of truth, and men have still to endure new
also Plato, and others besides. Yi t thou requires! particular confutations. Verily, it were a great
sin against the golden fortune of mankind, the pledge of empire, for me to turn aside to the pur
damages and scatterings from the winds of idols. suit of most fleeting shadows. One bright and Nay, even two or three days ago, Bernardinus radiant light of truth, my son, must be placed in Telesius mounted the stage, and enacted a new the midst, which may illuminate the whole, and
play, neither frequent in applause nor elegant in Dost thou not observe, my son, that argument.
in a moment dispel all errors. Certain feeble and pale lamps are not to be carried round to the several corners and holes of errors and falsehoods.
the contrivers, both of eccentrics and of epicycles, and the charioteers of the earth, delight in the Wherefore, my son, detest what you were seek But now I hear thee impartial and ambiguous advocation of pheno ing; for it is very profane. mena] It is exactly so in universal theories. asking, is all that the whole of these have asserted For, as if any one, knowing only the use of his altogether false and vain? Truly, my son, this vernacular tongue, (attend, my son, for this is is unhappiness and that prodigious, not ignorance. very similar,) undertake to write an unknown For, no man does not, at times, hit upon something true. When Heraclitus remarked, that knowh speech, in which, observing some few words ap proaching in sound and letters to those of his own is to be sought by men in private worlds, not in language, he immediately and confidently assumes the common world, I perceive that he sacrificed
<|ir
them to be of the same signification, (though well at the entrance of philosophy. Democritus, more frequently far removed from it;) then, by I think, did not unhappily philosophize, when, collating these together, with much labour of attributing immense variety and infinite succes
ingenuity, but also much liberty, he divines the remaining sense of the oration ; altogether, such
also are those interpreters of nature found to be. For, each bringing his idols, ( I speak not now
sion to nature, he set himself against almost all other philosophers, the slaves of custom, and
of those of the stage, but especially of the mar ket and of the den,) like diverse vernacular tongues, to history, immediately seizes the things which sound somewhat alike from the symmetry
;
given over to secularities, and by this opposition bringing both errors into collision/destroyed both, and opened some way for truth between the ex
tremes.
The numbers
as also of good omen.
of Pythagoras I set down Dindamus, the Indian, I

.
commend,
And.
to
of these the rest are interpreted. And now it is time, my son, for us to recover and purge ourselves,
for having called custom antiphysis. Epicurus disputing against the explication
of causes, (as they speak,) by intentions and seeingwe have been handling (though with ends, though childishly and phi .ologically, I purpose of importing) things so profane and pol- nevertheless not unwillingly listen. Pyrrho, also, luted. But, against all these I have said less than and the vacillating academics, talking from the their guilt deserved. Yet, perhaps, thou compre- skiff, and conducting themselves against idols, hendest not this censure. For, be assured, my like certain morose lovers, (who are always rethe judgment I have pronounced against preaching their loves, but never desert them.) I son, them is nothing less than contumely. For, I have use for the sake of the mind and of hilarity,
j
not conducted myself like Velleius with Cicero, a declaimer and philologist cursorily touching
opinions, and rather casting them away than destroying them, or, like Agrippa the modern, in
Nor without cause:
for idols drive others straight
forwards, but these in a circle, which is pleasanter. and SeveLastly, I should wish to have Paracelsus rinus for criers, when, with such clamours, they
speech of that kind not
to
be
named
indeed, but a
convoke men
to the suggestions of experience,

?
N>
trivial buffoon, distorting
everything and holding it out to ridicule; (unhappy me, who, in defect of men, am forced to compare myself with But, on looking back afterwards,, brutes!) thou wilt discern, under the veil of reproach, wondrous airs of accusations, with singular art contracted and reduced almost to single
What then?
less.
are they possessed of truth
thing
And.
my
son,
apposite to truth. If happen to imprint the letter
some proverbs of rustics are the sow with her snout should
A upon the ground ; wouldst thou, therefore, imagine that she could Of a write out a whole tragedy as one letter? far different sort is the truth reveaied from the
INTERPRETATION
of knowledge, and the truth from the section of an idol. Tin- former is constant and
<>i
NAT nil-:.
to
519
me,
anally
Confide and give thyself
my
son, that
may
rest. .re
thee to thyself.
imlcliniiely irerminoiis, the latter discordant and
chance (as they speak) and accident, would not
ACCOUNTING myself born

to be
1
for the
use of
man
have ie forti. solitary, hut with great frequence of noble inventions, (which fall under the same me So also the rest, both works and principles. ridian.)
i
kind, and judging the case of the commonweal one of those things which are of public
Wherefore
admonish
thee, if perhaps
any
idol
ture. I discovered that nothing is of such estithem, or less of me, since it is mation towards the human race, as the invention sufficiently apparent from their ignorance of the and .earnest of new things and arts, hy which For I perceive that, even rest, that those dtingl themselves they have not man s life is adorned. said from the analogy of knowledge. But thou in old times among rude men, the inventors and still son would you, therefore, order teachers of things rude were consecrated and my all their writings to be converted into wappings chosen into the number of the gods ; and I noted
of any of these hath in any point determined my truth, that is, the truth of things, not to think
hijjhly of
and like water or air lie open to all; I sought what might be of most advantage to men, and deliberated what I was most fitted for by na
right,
<
more
iir>rest,
vention of things, though it be a matter of less pomp, I esteemed more adapted for universality and eternity. Yet above all, if any bring forth totle and of Plato many admire; yet Tacitus no particular invention, though of much utility, breathes more living observations of manners. but kindleth a light in nature, which from the
there are
and perfumes 1 That I should not For there remains yet a short while some use of them, slight and narrow, and far different from that which they were destined for, and now usurp, but still some. Add to this that
for incense
that the deeds of heroes
who
built cities, or
have said.
legislators, or exercised just authority, or
were sub
dued unjust dominations, were circumscribed by the narrowness of places and times. But the in
many other writings obscurer in fame, but more excellent in use. The morals of Aris
But
at length in the proper place
shall say,
utility
can be derived from writings, and which are superior in utility to the rest, and which
smallest part of them are gifts of those things which contribute to the interpretation of nature,
Lastly,
what very beginning illuminates the regions of things, which lie contiguous to things already invented,
;
afterwards being elevated lays open and brings to view all the ahstrusest things ; he seems to me a
my
son,
hear thee inquiring

1
dost thou
suffice thyself in place of all these
shall reply,
propagator of the empire of man over the universe, a defender of liberty, a conqueror of necessities. But I found myself constructed more for the con
a
and that not dissemblingly, but from

sense.
I,
my
inmost
dearest son, will confirm to thee a
templations of truth than for aught else, as having mind sufficiently mobile for recognising (what
sacred, chaste, and legitimate marriage with things themselves. From which intercourse (above al
is most of all) the similitude of things, and suffi. ciently fixed and intent for observing the subtle
wishes of marriage songs] thou shall beget a most ties of differences, and possessing love of in blessed progeny of heroes, who shall subdue the vestigation, patience in doubting, pleasure in
necessities of man, more fatal than all and monsters, and tyrants ; and for your and festal security and But were I, my son, to commit plenteousness. thee to the giddy intricacies of experience with a mind unpurged ol idols, verily thou wouldst soon
infinite
giants,
affairs procure a placid
meditating, delay in asserting, facility in return, ing to wisdom, and neither affecting novelty, nor admiring antiquity, and hating all imposture.
Wherefore
judged
my
nature to have a kind of
Yet see familiarity and relationship with truth. ing by rank and education I was trained to civil
and, like a youth, sometimes staggered in opinions, and conceived I owed my country something peculiar, and not equally pertaining to
affairs,
leader. Yet by my simple precepts, without the knowledge of things, thou canst not, however much thoumayest wish it, divest thyself
desire a
my
of idols.
.
n written,
In tables, unless you erase what has you can write nothing else.
mind, on the contrary, unless you inscribe something else, you cannot erase what has And although this may be before been written.
in
But
the
other parts, and hoped, if I obtained any honourable degree in the commonwealth to perform with ^reater help of ingenuity and industry w hat
all
I both learned civil arts, and with ingenuousness and due modesty, ri mmendrd myself to my friends who had some power. And in addition to this, because those things of whatI
had intended;
all
done, although thou mayest put off the idols of friendship, yet indeed, heing uninitiated, thenis d.imjvr that thou mayest be overwhelmed hy the
idols of the
way.
Thou hasttoomuch accustomed
ever kind penetrate not beyond UM condition Uld culture of this life, the hope occurred that I, born
in
At Koine, tyranny being once thyself to a leader. established, the oath in the name of the Roman
senate and
no very prosperous state of religion, mi^ht,
if
called to civil offices, contribute
people
was ever afterwards
vain,
safety of souls.
somewhat to the But when my zciil was imputed
550
to ambition,
and
my age was matured, and my

of rny un next considered that I
disordered health also admonished
me
of nature, in the first ascent before arriving at a certain degree of generals, should be kept pure
measure committed themselves to the waters of experience, seeing they were infirm of purpose, or I altogether desirous of ostentation, have at the entrance un depended upon the will of another, weaned myself from those thoughts, and wholly reasonably sought pledges of works, and have betook myself to this work, according to my thence been confounded and shipwrecked. But if any former principle. Nor is my resolution diminish requires at least particular promises, let ed, by foreseeing in the state of these times, a him know that by that knowledge, which is now sort of declination and ruin of the learning which in use, men are not skilled enough even for wish
happy slowness, and I nowise fulfilled my duty, while I was neglecting that by which I could through myself benefit men, and applying myself to the things which
and separate from

over,
I
know
all application to works. that all those who have in
Mure-
some
examples of like endeavours to form conjecture, presume to interpose his judgment in a matter of this sort, I would have told that ancient saying, "claudus in via, cursorem extra viam antevertit," and not to think about examples, since the matter is without cautions which have crept into the place of learn example. But the method of publish to impend over ing these things is, to have such of them as tend ing, no less a tempest seems Nor can the shop of the to seize the correspondences of dispositions, and letters and science.
(which, manners not long ago introduced, seem to me about to visit many countries) and the malignity of sects, and from those compendiary artifices and
now in use ; for although 1 dread not the in cursions of barbarians, (unless, perhaps, the em and oppress pire of Spain should strengthen itself, and debilitate others by arms, itself by the burden,) on account of certain yet from civil wars
is
ing.
But, what
is
of less moment, should any
of the politicians, whose custom it is from per sonal calculations to estimate every thing, or from
typographer suffice
unvvarlike learning,
for
those evils.
And
that
which is nourished by ease, and flourishes by praise and reward, which sus tains not the vehemency of opinion, and is the sport of artifices and impostures, is overcome by the impediments which I have mentioned. Far different is the nature of the knowledge whose And dignity is fortified by utility and operation.
from the injuries of time
for the injuries of
purge the areas of minds, given out to the vulgar and talked of; to have the rest handed down with selection and judgment. Nor am I ignorant that it is a common and trite artifice of impostors to keep apart from the vulgar certain things which
are nothing better than the impertinences they set But without any imposture, forth to the vulgar. from sound providence, I foresee that this formula
will be more vigorous and secure when contained should any say that I savour things too high, I within legitimate and chosen devices. Yet I reply simply, in civil affairs there is place for undertake these things at the risk of others. For modesty, in contemplations for truth. But if any none of those things which depend upon externals one require works immediately, I say, without concerns me nor do I hunt after fame, or, like any imposture, that I, a man not old, frail in the heretics, take delight in establishing a sect;
I
:
men
but I am almost secure am not concerned. For

;
of interpretation, and the inventions
made by
it,
and to receive any private emolument from so great an undertaking, I hold to be both ridiculous and base. Sufficient for me is the consciousness chine itself and the fabric, though I may not have of desert, and the very accomplishment itself of employed or moved it. And with the same can things, which even fortune cannot withstand. J. A. C. dour, I profess that the legitimate interpretation
health, involved in civil studies,
coming
to the
obscurest of
subjects without guide or light, have done enough, if I have constructed the ma
all
TRUE HINTS
THE INTERPRETATION OF NATURE.*

Outline
and Argument of
the
Second Part of the
Itixtdurutiun,
and particular experiments to generic veri not by darting without a pause to principle** and the higher generalizations, and from them
facts
ties,
in view our plan, we shall exhi deducing and inferring intermediate truths. Again, whole subject perspicuously, and with the end of this our scheme of science is, that Wherefore, let ihinur .ind works, not reasonings and speculative orderly distribution of tin: parts. us now unfold the design and arrangement of this probabilities, may be invented and brought to
KKKPINCJ then
bit the
->
second
part.
We devote
this part to the doctrine
the test.
of a better and more perfect use of reason than hath heretofore been known or promulgated to men, with purpose (as far as the terms of this
mortal state
the
Such then
Let us now,
ment.
is
the scope of the second book.
in like
manner, set
forth its arrange
and enlarge permit) to aggrandize

with power
to
in the generation of light it is requisite that the body which is to receive the rays be made
As
human
intellect
conquer and
To the interpre interpret the mystery of nature. tation itself we have dedicated three books, the
third, the
smooth and clean, and then planted in a position or conversion duly adapted to the illumination, before the light itself is introduced, even so we
For, first the area of the mind fourth, and the fifth; for the sixth, must proceed now. which consists of anticipations drawn from the must be levelled out and cleared of those things re ordinary use of reason, it is to be taken only as which have hitherto encumbered it; next, temporary and provisional, and when in time it must be a turning of the mind well and fittingly shall have begun to acquire solidity, and to be to the objects which are presented infor lastly, verified by the methods of legitimate reason, it is mation must be exhibited to the mind thus prepared
th<
shifted, and, as sixth.
it
were, migrates of
is
itself into the
for its reception.
Now,
second book
apportioned the
the extirpating part is threefold, accord
But
the
to
this
and regulation, and system of preparation and training leading to the right conduct of the understanding. established themselves in the mind from the sys And although the term logic or dialectics, by rea tems and sects of philosophy, or from an abuse of son of the depravations of the art, sounds repul the laws and methods of demonstration or, se sive in our ears, yet to lead men as it were so far condly, they are such as are inseparable from and by the hand in their wonted tracts, we acknow indigenous in the essence of the mind. For as an ledge the art which we profess to be of the nature uneven and ill-cut mirror distorts the true rays of
intellect itself, its treatment
entire
ing to the three several classes of idols which beset the mind. For such idols are either adop tive, and that in two ways, having invaded and
of logic,
mean) supplies
the intellect.
so far as logic (the common logic, I aids and constructs defences for
Yet ours
differs
from the received
things according to its own incurvation of surface ; so, too, the mind, subjected to the impression of objects through the senses, in performing its
operations, interchanges and mixes up nature with that of its objects, so as it
1
logic, besides other points of opposition, princi on pally in three; namely, its mode of
entering
its own may not
inquiry, its order of demonstration, and its end and office. It goes deeper to find a foundation and basis for inquiry, by subjecting to investiga tion what the received logic admits as it were on the credit of others, and in a blind submission to authority, principles, primary notions, and the informations of the senses; and it reverses down
be implicitly trusted.
Wherefore the
first
task imposed upon us
is to
disperse utterly, and to expatriate all that army of theories which has fi mired in so many well-
fought combats. To this we add a second, the emancipation of the mind from the slavery imposed on it by perverted laws of demonstration ; which right its order of demonstration, by making pro- is followed by a third, namely, to master the and axioms, in an unbroken line, ascend seductive bias of the mind itself, and either to and mount on a ladder of elevation, from recorded extirpate its native idols, or, if they cannot be rooted up, so to point them out and The first part of thin tract forms ttir prrfarp to the KIIV uiu Uranium, translated by Mr. Wood, vol. ill. p. 000, 000. comprehend them, that deviations may be recu
!
I
D<
>Mtii
>ns
thor<
u<_rMy
Ml
futile, and perhaps pernicious, merely to overturn and explode errors in philosophy, if from the incorrigible grain of the
fied.
For
it
would be
of contemplative wisdom, as from a far divinei we shall show and establish, as we trust, state
forever, (not without putting
to
the blush
the
mind a new
perhaps even dege whole of that school which hesitates not to con nerated from their predecessors, should sprout; cede divine honours to fantastic reveries, utterly and not till all hope is precluded, of perfecting bereft of solidity,) the difference that prevails be
oflf-shoot of errors,
tween the ideas of the divine and the idols of th human mind. Those also to whom, absorbed in the love of meditation, our frequent mention of works sounds harsh, uncouth, and mechanical, but only change our errors. Wherefore that part shall be instructed how much they war against of the book which we term the destroying, con the attainment of their own object of desire, since sists of a threefold argument of redargution or exact clearness of contemplation, and the inven exposure; redargution of the philosophies ; redar tion of works, its under platform, depend upon and If gution of the demonstrations and redargution of are brought to perfection by the same means. human reason in its natural course. any one should still hold out, conceiving of this And it does not escape us, that without so im absolute regeneration of science from its elements, mense a revolution, no small accretion to science as a thing interminable, vast, and infinite, we shall might result from our labours, and celebrity be demonstrate that, on the contrary, it ought to be attainable by a smoother path. Nevertheless, regarded as a true boundary and a circumscribing being uncertain when the same views may enter line, marking off the region of error and waste the rniml of any other man, we have determined land ; and we shall make it manifest, that a just to make a full and free profession of our creed. and full inquisition of particulars, without attempt After having levelled the area of the mind, it ing to embrace individuals, gradations, and verfollows in order, that we must place the mind in miculate differences, (which is enough for the pur an advantageous position, and, as it were, in a poses of science;) and then notions and truths, kindly exposure to the rays of what we propound. raised from and upon the former, in just method, For since, in a matter of novelty, not merely the form something infinitely more defined, tangible, violent preoccupation of old opinion, but also a ind intelligible, sure of itself, and clear both in false preconception or conjectural picture of that what hath been done, and what remains to be acwhich is offered, disposes to prejudice, we must complished, than floating systems and abstract also apply a remedy to this disorder, and the mind subtleties, of which there is indeed no end, but a must not only be disencumbered but prepared. ceaseless gyration, whirl, and chaos. And though That preparation is nothing more than to have some sober censor, (as he may think himself,) true opinions of that which we allege imparted applying to this subject that diffidence of conseprovisionally only, as it were, and by way of quences which becomes civil prudence, should
philosophy, or enlarging its empire by the exercise of ordinary reason, and by the helps and aids of Ihe received logic, ought we to abandon and dis card them lest haply we do not thereby banish,
; ;
I
loan, previous to a thorough
knowledge of the consider what we now say
to
be like
men
vain
mainly depends on shut-i ting out, and holding in abeyance those foul and malign suspicions, which, we may easily augur, will, from the prejudices now in vogue, as from the contagion of an epidemic fanatical gloom,! seize upon men s minds ; wherefore it behoves us
thing
itself.
Now,
this
an indulgence only of wild hope aspirations and that in truth nothing pise will follow from this than that new remodelled state of
philosophy,
doctrines, perhaps, are substituted, but the resuch a sources of mankind not at all augmented
one
that
to see, as
Lucretius hath
it,
we shall, as we conceive, induce to admit, we are doing any thing but founding a sys
Ne qua
Occnrrat faciea inimica atque omnia
turbet."
tem or a sect, that our institution differs wholly and generically from all that have hitherto been sciences and attempted in philosophy and the
that there is the surest promise of a harvest of works, if men will only not forestal the same by
First, then, if any one think that the secrets of nature remain shut up, as it were, with the seal of God, and by some divine mandate interdicted
to
hastening
to cut the first
worthless vegetation of
human wisdom, we shall address ourselves to muscus and weeds, and grasping with a childish remove this weak and jealous notion, and, relying passion and vain precipitation at the first pledges we have on simple truth, shall bring the inquiry to this of works. And in handling the points we think, shall have h, D issue, not only to silence the howl of superstition, enumerated, enough,
,
but
that species of prejudice Again, done to guard against religion herself to our side. illiberal notions of if the idea should occur to any one, that great and which is inspired by false and the thing propounded ; and therewithal we judge scrupulous delay in experiments, and the tossing which we call the preparaabout, so to speak, on a sea of matter and particu- that our second part,
to
draw
after every adverse gust from which we impose on men, must needs tory, is complete from theoretical speculation, and from plunge the mind into a very Tartarus of confusion, religion, aud cast it down from the serenity and coolness ivil wisdom, with its handmaids, distrust, phleular facts,
;
i\TK!MMtrr.\TH).\ oi
Iness,
N VTIKI:.
Fur
ii
>
553
and tho nke,
shall
have sunk and
so disposed.
man
liy
mere energy of
th..ire
will
died aw.tv.
commands
preparation in
all
Yd
ject,
it
tn r.irni a
>eems
respects per\\e
his intellect, the spirits nf it is written of the
philosi>-
prophets^
not sub
Mill tn he
wanting, that
remove
I
the stagnation of mind,

is
utter novelty of our plan.

for
which is generated by the This unfriendly torpor other men, whi

;
>ut
\Vheret",re it is nut the ject to the philosophers. honesty, candour, or openness to conviction of
-h
we
only dispelled by tho explanation of its causes it is the knowledge of its causes alone that solves the pr. diiry, and puts an end to the stupor -hint-lit. Wherefore we snail here note
those perverse and troublesome obstacles by which true science hath been checked and retard
all
our
own
care, address,
are to confide in for support, and conciliation.
In which respect no small difficulty is further created to us from our own character, having laid
t
down
as an inviolable law evermore to hold

for truth
ed, so that
in the
it is not at all astonishing that men should have been so long involved, and toiled on,
and ingenuousness, and not to through hollow ways, jut so to regulate our compliance as by no subtle deception, by no imposture or aught that
ast our integrity
seek an entrance
meshes of error.
in this part
jles imposture, but
only by the light of order and
of the subject one thing will in, as a solid reason for hope, felicitously that although the true interpretation of namely, liature, wherein we toil, be justly held most diffi
And
the
come
grafting of new shoots upon the nealthier part of the old, to hope for the att iinskilful
nent of our desires.
this assertion, that the labour
Wherefore we return to consumed by us in
cult, yet
depends and admits of correction, not on things placed beyond oursphere of capacity ; I mean in the mind,
not in things, or in the senses. Now, if any one deem that scrupulous care with
by far the greatest part upon what lies within
of that difficulty our own power
paving the way, so far from being superfluous, is truly too little for difficulties so considerable.
now come
ntend.
Leaving, therefore, the preparatory part, we to the informing, and shall exhibit a simple and bare outline of that art which we
which we
for
strive to prepare
it is
men
minds is uncalled
of the nature of parade, and got up for purposes of display, and should therefore de sire to see denuded of all circumlocution and the
that
The things which make for the perfecting of the intellect in the interpretation of nature, may
be divided
into three ministrations to the
same,
scaffolding of preliminaries, a simple statement; assuredly such an insinuation, were it founded in

truth,
ministration to sense, ministration to memory, and ministration to reason. In ministration to

the
would come well recommended to Would that it were as easy for us to conquer
ficulties
us.
dif
and obstructions, as to cast away idle pomp and false elaboration. But this we would have men believe, that it is not within due explo ration of the route, that we pursue our path in such a desert, especially having in hand such a theme, as it were monstrous to lose by incompetent han dling, and to leave exposed, as by an unnatural mother. Wherefore, duly meditating and con templating the state both of nature and of mind, we find the avenues to men s understandings harder of access than to things themselves, and
the labour of communicating not much lighter than of excogitating; and, therefore, which is al most a new feature in the intellectual world, we
we shall make exposition of three how a good notion is collected and elicited, and how the testimony of sense, which is ever according to the analogy of man, may be
senses
things,
first,
reduced and
verse.
rectified to the analogy of the uni For we do not attach much weight to the immediate perceptions of sense, except only in so far as it manifests motion or change in its objects. Secondly, we shall show how those things which
baffle
entire substance, or
the sense, either by intangibility of the by minuteness of parts, or by
remoteness of place, or by slowness or celerity of

motion, or by habitual familiarity of the object, or otherwise, may be brought under the jurisdic tion of sense, and placed at its bar; and, further
more,
obey the humour of the time, and play the nurse, both with our own thoughts and those of others. For every hollow idol is dethroned by skill, insinuation, and regular approaches; whereas by violence, hy opposition, and by irregular and
abrupt attacks, it is exasperated into energy. Nor dofs this take place only because men, enslaved
cases where they cannot be produced, then to be done ; and how such deficiency may be filled up by skilful noting of gradations, or by informations as to inanimate bodies derived
in
what
is
by admiration of certain authors, or bloated with self-sufficiency, or reluctant from some habit, will not exert their candour. Even were any one willing in the utmost degree to exact of himself impartiality as a duty, and to forswear, as it were,
every prejudice, it does not follow that we are to mpose unlimited confidence in the award of a mind
from the analogy of corresponding sentient ones, In the last or by other modes and substitutions. place, we shall speak of a Natural History, and the method of performing experiments; what that Natural History is, which will serve as a foundation for philosophy ; and again what method of experimenting, in the want of such natural history, must be resorted to; wherein we shall also interweave some observations as to cal ing For there are forth and arresting the attention. many things both in natural history and in exptriments, present to knowledge, absent to
use,
VOL
II.
70
554
often the inquisition is to be repeated. For wo intend the first series of charts or results to form,
because the apprehensive faculty hath been feebly drawn forth to note them.
.
Ministration to the senses
is
comprehended
in
as
three particulars. The senses are to be furnished with materials, with helps where they fail, and
it were, moveable axes, and to constitute only the verifying part of the inquisition ; for we have no hope of the mind s ever pursuing and
securing
helps where they err. To the materials of the senses are appropriated history and experiments,
to their short-comings, fit substitutions, to their declination, rules of correction. Ministration to memory hath this for its func
rightful dominion over nature, unless by repeated action. The ministration, therefore, to memory consists, as we have said in three doc
ts
trines, of the topics of discovery, of the
reduc
fully
tion
into
tables,
and of the
method of
mass of particular facts, and the establishing the inquiry. accumulation of facts forming natural history Ministration to reason remains, to which the two former parts are only ancillary. For by them general, it extracts a history particular, and ar ranges it in such order, that the judgment can there is no building up of axioms, but only the forthwith act, and do its office. For it befits us iroduction of simple notions with an orderly
tion; out of the
prudently to calculate the powers of the mind, and not to hope that they can expatiate at large
narration of facts,
over the infinity of nature. For it is manifest that the memory is defective and incompetent when it attempts to embrace the endless variety highly approved, which shall best enable reason of things, and, no less, that in the choosing out to perform its office and secure its end. The of such as bear on some defined field of inquiry, office of reason is in its nature one, in its end and
ia Now, as unpractised and unprepared. regards the former malady, the mode of curing it is easy. It is performed by one remedial rule,
it
verified, indeed, by the first ministration, and so exhibited by the second, as to be, so to speak, placed at our disposal. Now, that ministration to reason, claims to be most
use double.
For the end of man is either to know and contemplate, or to act and execute. Wherefore the design of human knowledge is to
the causes of a given effect or quality in
which
that no investigation or invention be
know
entertained
which
is
not
statement of results. one confident in the strength of
drawn from a written any object of thought. And again, the design For it were the same for of human agency is, upon a given basis of matter,
memory
to try to
to
grasp the whole interpretation of nature on a given

subject, as to endeavour to seize rote the problems of
build or superinduce any effect or quality within the limits of possibility. And these de
and perform by
Besides,
it
astronomy.
is
signs, on a close examination and just estimate, For that which in con are seen to coincide.
for a
sufficiently apparent how small is the province we allot to mere memory of discourse of reason, seeing we do not authenticate discovery, even when detailed in writing, save by digested tables. To the latter defect, therefore, we must devote
templation stands for a cause, in operation stands mean, or instrument; since we know by causes and operate by means. And, doubtless,
all the means which are reouired, to what operations soever, were supplied to man s hand at pleasure, there would be no especial use in But since treating of the two disjunctively.
if
more
attention.
And, doubtless,
after the subject
has been measured off and defined for inquiry, and stands clear and unencumbered out of the
mass
of things, the ministration to
memory seems
to consist of three operations or offices. First, we shall show what those things are which, in
man s operation is tied up within much narrower circumscription than his knowledge, because of the innumerable necessities and limitations of
the individual, so that for the operative part there is often demanded not so much a wisdom all-
regard to the subject given or propounded, seem, on glancing over its history of facts, the proper
points for inquiry, which forms a kind of argu ment or topic. Secondly, in what order these
comprehensive and free

as a
to
range over possibility,

;
be marshalled, and digested in tables. Nevertheless, we expect not that the true vein of the subject, being of the analogy of the universe, can be discovered at the outset of
ought
to
judgment sagacious and expert in selecting from what is immediately before us it is con regular sistent with this, to consider these things as more
happily treated of apart.
also
\Vherefore
we
shall
make
like
division of the ministration to

is to
the inquiry, so
that the division
might follow
reason, according as the ministration active or contemplative.
reason
from
but only the apparent one, so as to sug For gest some sort of partition of the subject. truth shall sooner emerge from falsehood than
it,
As respects the contemplative part, to say it in a word, all evidently turns on one point. And that is no other than this, that a true axiom be rstafrom disorder, and reason more easily rectify the blished, or the same be made conjunctive with division, than penetrate the unsubdued mass, other axioms, for this is gaining a portion of the Then, in the third place, we shall show in what solid of truth, whereas a simple notion isolated, method and at what time the inquisition is to be is so to speak but its surface. Now, such axiom recommenced, and the charts or tables preceding is not elicited or formed, save by the legitimate U be brought forward to new charts, and how and appropriate forms of induction, which anaI
INTERPRETATION OF NATI
lysps and
limit. ttinns
1,
K.
555
pxperirnre, by proppr and rejections comps to necessary run-
divides
;IIK|
elusions.
Now
is
the,
popular induction
(from
at
which the proofs of
principles themselves are
attempted) random, and perpetually in risk of being exploded by contradictory instances: insomuch that the
dialecticians
but a puerile toy, concluding
ultimate efficients, or to matter taken generally, are discussed in the disputations of the (such as efficients and prepara schools,) but to proximate tions of matter. Lest men should labour in these, however, by a vain repetition and refining of
in this part introduce the experiments, we shall Now, doctrine of discovering latent processes. we give the name of latent process to a certain of changes, formed by the series and gradation action of an efficient and the motion of parts in
seem never once
to
have thought of
the subject in earnest, turning from it in a sort of Mean disdain, and hurrying on to other things. time this is manifest, that the conclusions which
matter subjected to that action.
The varying
of
by any species of induction are at once both discovered and attested, and do not depend on axioms and middle truths, but stand on their own weight of evidence, and require no Much more then is it necessary extrinsic proof. that those axioms which are raised according to
are attained
the inquiry as it respects its subjects is derived from two states of things, either from their ele
mentary or compound character,

modification of the
inquiry adapted
(for there is one to things
the true form of induction, should be of self-con tained proof, surer and more solid than what are
or decom simple, another to things compound, the copiousness posed, or ambiguous.) or from the natural history which may have or poverty of been collected to advance the inquiry. For when
termed principles themselves ; and this kind of induction is what we have been wont to term the formula of interpretation. Therefore it is, that we desire to be careful and luminous, in exposition, above all other topics, of the construction of the axiom and the formula of interpretation. There
th ; ogs of
the history is rich in facts, the progress of the when limited, it is labour inquisition is prompt;
skill.
and demands manifold assiduity and So, then, by handling the points we have now recounted, we shall have, as it seems to us, of the inquiry. sufficiently discussed the varying
in shackles,
rpmain, however, subservient to this end, three paramount importance, without explica
tion of
ii>
which, the rule of inquisition, though po may be regarded as operose in These are the continuing, vary the application. ing, and contracting of the inquiry, so that no thing may be left in the art either half done, or
tent
There remains the contracting of the inquiry, so as not only to demonstrate and make patent a way in places pathless before, but a short cut in
the effect,
way, and as it were a straight line of pro circuitous gression, which shall go direct through this (like every and perplexed routes.
that
Now
other kind of abridging) consists mainly in the inconsistent, or too much lengthened out for the selection of things. And we shall find that there shortness of man s life. shall therefore show are in things two prerogatives, so to speak, of in the first place the use of axioms (supposing sovereign efficacy in abridging investigation, the them discovered by the formula,) for inquiring prerogative of the instance, and the prerogative into and raising others higher and more general, of that which is inquired into. Wherefore, we so that by a succession of firm and unbroken steps shall point out in the first place what those in in the ladder of ascent, we may arrive at the unity stances or experiments are, which are privileged of nature. In this part, however, we shall add above the rest to give forth light, so that a few
We
the mode of examining and attesting these higher of them afford as much weight as a multitude of axioms by the experimental results first obtained, others. For this both saves accumulation of the about indefinitely. lest we again fal* down to conjectures, probabili history and the toil of beating And this is the method We shall, then, expound what are the subjects of ties, and idol systems. which we term the continuing of the inquiry. from which the investigation ought inquisition, The varying of the inquisition accommodates to borrow its prelibation of omens, as those which
itself to the different nature, either of the to ascertain
causes
being
first
disposed
of, carry,
as
it
were, a torch
which the inquiry is set on foot, or before their successors, either by reason of their of the things or subjects about which the inquiry own consummate certainty, or generic quality,
is
occupied.
Therefore, discarding final causes,

hitherto utterly vitiated natural philo shall commence with an inquiry, on
which have
or from their being indispensable to mechanical And here we close the ministration to trials.
reason regarded in its character of contemplative. sophy, we the plan of varying and adaptation, into forms, a The doctrine of thp active part of reason and branch which has hitherto been abandoned as its ministration, we shall comprehend in three two admonitions to hopeless, and not unreasonably. For no one can directions, first, premising
be so privileged either in his powers of mind or in his good fortune, as to detect the form of any thing by means of presumptive conjectures and scholastic logic. Then follow the divers sorts use of matter and of efficients. Now, whpn
\vi>
open an pntrance into the minds of men.

first
The
that in the inquiry, proceeding according to the formula laid down, the active have a perpetual intercom part of reason should munion with thp contemplative. For the nature
of these
is,
the terms matter and efficients,
we do
not point to
of things constrains that the propositions and
556
in upon our mind, that what is now done, froia the supreme importance of the good it contains t, man, is manifestly of God. And in His work
axioms inferred and trained down to particular and practical uses, by process of reasoning, should yield only a sort of guesses, exceedingly obscure and imperfect. Whereas an axiom drawn from particulars to new and corresponding ones, leads on investigation in a broad and indestructible
path.
ings, every the most insignificant future is pregnant with results.
germ of the
Now, in the redargution of the received philo The other premonition is this, that we re sophies which we intend, we scarcely know member that, in the active branch of the inquiry, whither at first to turn ourselves, since the avenue
is to
the business
be accomplished by means of
to confutation of the
same, which was
to others
the ladder of descent, the use of which we waived in the contemplative. For every operation is
open, is to us inhibited. And, besides, so many and so vast are the troops of error which present
we must overthrow and dislodge them, not in close detail but in mass and if we descend the steps that lie between general truths would draw near unto them, and try conclusions, and these. Nor, again, is it practicable to get at hand to hand, with each of them individually, it these by means of axioms taken unconnectedly ; were in vain the rule of all reasoning being set for every practical operation, and the mode of per aside, differing as we do from them in our prin forming it, is at once suggested and effected by ciples, and repudiating as we do the very forms applying a combination of isolated axioms. With and authority of their proofs and demonstrations.
occupied
place
is at
about individual experiments whose the bottom of all. must, therefore,
themselves, that
We
these preliminaries, then,
we come
to our three
fold exposition of the doctrine of active interpreta tion. The first part propounds a defined and ap
And if (which seems to be the only thing left for us to do) we attempted to infer and derive from experience the truths we maintain, we are only
method of inquiry, in which not the turning back to the starting point. And, forgetting cause or governing axiom, but the effecting of any what we have discoursed of the preparing of operation is the object in view, and is submitted men s minds, we are found going directly the to examination. The second shows the way of opposite way and falling all at once and prema making general tables with a special view to turely on nature ; to which we have pronounced practice, in which may be much more easily and it absolutely necessary that we open up and pave
propriate
:
readily found all sorts of suggestions and indica tions of works. The third subjoins a mode of
ascertaining and striking out
new
practical uses,
an incomplete mode, no doubt, and yet not with out utility, which travels from one experiment to another, without deducing of axioms. For, as from axiom to axiom, so from experiment to ex periment, there is presented and opened up a passage to discovery, narrow indeed and slippery, yet not to be wholly passed over in silence. And here we conclude the ministration to practice,
being the last in the order of distribution. This, then, is a plain and succinct abstract of the second errors is too much consolidated to be at once over book. thrown ; especially as among learned men, it is These things being unfolded, we trust to have no unusual or unheard-of arrogance, wilfully to well constructed and furnished withal, the mar reject opinions which they cannot shake. Nor
riage chamber of mind and the universe, the divine goodness not disdaining to be bridemaid. Let it then be the votive part of the nuptial hymn,
that from their union may rise and descend a progeny of helps to man s life, a line, so to speak, of heroes to conquer and command the wants and the miseries of humanity. At the conclusion, we shall add some remarks on the combination and the succession of scientific efforts. For then, and not till then, shall men
way, because of the obdurate prejudices and impediments of the minds of men. Nevertheless, we shall not be wanting to ourselves, but shall try to confront them, and prove our strength, in manner accommodated to our design, both by pro ducing certain tokens from which an estimate may be formed of these philosophies, and mean while noting among the philosophies themselves, so as to shake their authority, certain prodigies of perversion, and laughingstocks to intelligence, which they furnish. Yet it escapes us not that the mass of such
a
we offer aught too light or low for the gran deur of the interest which is at stake, nor in this sort of redargution attempt to make converts to
shall
our creed, hoping only meantime to conciliate patience and candour, and that only in minds of a more commanding and decisive order. For no
bitual and
rors,
ne can betake himself to us, fresh from the ha unceasing companionship of such er
know
their
own
devote themselves as
strength, not when multitudes now to the same tasks, but
with such openness and greatness of mind, some bias to his impressions and opinions in favour of inveterate and established You cannot inscribe fresh characters systems.
as not to retain
when some
by the
rest.
shall appropriate
what
is
neglected
;
Nor, truly, have
of aftertimes, that there aiivance to a nobler state a

froui
we abandoned hope mer ones shall rise up men to obliterate

work commencing scribing
For
it
on the writing-tablet without expunging the for but, in the mind, you will scarcely the first drawn characters, save by in
;
others.
such slender beginnings.
is
borne
This
bias, as
we think, ought
to
be counteracted,
INTERPRETATION or
nnd these cur statements have this scope, (we speak it without roerve,) t.i lead men \\ illing,
not to drag them reluctant. All forcinir, (as we from the first professed,) we would h.mish and
:
\ \Ti
i;i:.
557
ii
tlic ln.ily
politic.
And win
lie
entered at
first,
he found them occupied with easy converse one with another, yet they wen- ranged on seats placed with some formality of order, and sate as
if
ex-
as Itorin.i jestingly noted of the invasion of Italy by Charles tli; Kighth, that the French had come
peeling some one s coming.
Not long
I
after there
came
to
them a personage
with chalk in their hands to mark the public houses, not arms to force their way through the land ; so we too anticipate a like pacific tone and
result of our discoveries, namely, that they shall segregate, minds of large capacity from the crowd,
of an aspect, as he thought, mild and exceedingly placid, yet the comportment of his features wag
as of one that pitied men. And, when they all stood up to receive him, he looked around, and
I could never have conceived, recognise your features, one after anthat the idle hour of all of you should have other, fallen upon the same nook of time, and I cannot
said with a smile,
"
and into these shall make their way, rather than be obnoxious to men of opposite opinions. But in this part of our subject, in which
w<
now
that
now
treat of the redargution of the
vulgar philoso-
phies, our task hath been happily lightened by a

tiuii lv and extraordinary circumstance. For while meditating these points, there came to me a cer tain friend, then returning from France, of whom, after due courtesy done, I inquired much, as he
enough admire how it hath so occurred." Whereupon one of the assembly made answer, that it
he himself that had occasioned that leisure,
seeing that what they expected to reap from him, I they regarded as preferable to all business. perceive," he Answered, "that the whole waste of the time here consumed, in which each of you,
"
(in
the
wont of intimate
affairs,
friends) of me, in regard
But how do you em- if apart, might have benefited many, is to be said he, at length, those intervals which charged to my account. If this be so, I must see, ploy," are unoccupied with public business, or at least in good sooth, that I detain you not over long." wherein its bustle abates." A question in good With these words he sate down, not on an ele "lest time," I answered you should suppose I vated seat oracademic chair, but on a level with the do nothing at all in such hours, I must tell you, I rest, and discoursed to the assembly, somewhat to now meditate a renovation of philosophy, which the following effect. For my informant said, that shall embrace nothing airy or abstract, and which he tried as he migljt to catch up the address, hut shall advance the interests of mankind. A while going over his remembrances of it with the !mt friend who had introduced him, they seemed far noble undertaking, doubtless," said he whom have you for associates in this work?" short of what had then been spoken. He then None at was my reply ; I have not even produced a specimen of the speech which he had a person with whom I can converse without re taken down, and which he had then about him. serve on such subjects, none at least in whose My sons, ye are doubtless but men and mor converse I can explain myself, and whet my pur- tal, yet will ye not so much repine at the terms "A hard fate," he said, "yet know," of your being, if ye sufficiently remember your pose." he immediately added, "that others have also at nature. God, the creator of the world and of you,
of our various
"
>
"
"
all,"
"
heart such subjects." Whereupon I exclaimed|fcias endowed you with souls to contain that with joy, Precious raindrop of hope, that hast at world, and yet remain unfilled and unsatisfied, last sprinkled my thirsty spirit, and recalled me Wlierefore he has claimed your faith for himself, to life. Why, I met not long ago a certain evil- but the world he hath submitted to your sense ; eyed old fortune-telling woman, who, muttering I and hath decreed that the oracles of both should knov not what, prophesied that my offspring not be clear, but ambiguous, so as profitably to in the desert." "Would you," said exercise you, and to balance the excellency of the should d he, "that 1 mention a circumstance relating to things discovered. Now, as regards truths divine, such matters, which I met with myself in France*" my hope of you is good: but as concerns things Most willingly," I replied, "and shall be grate- human, I am in fear for you, lest you be involved
"
"
ful
besides."
in a train of endless errors.
For
consider, that
then related that he had, while at Paris, been invited and introduced by a friend of his to
He
you
are intimately persuaded of one thing, namely, that you now enjoy a flourishing and auspicious
an assembly of personages, such," said he, "as you too would have loved to see. No occurrence of my life was ever more delightful than that inThere were about fifty present, none troduction. young, but all mature of years, and of whom each in his aspect wore a stamp of dignity and of honour." He related, that among them he recog"
state of science. Ion the other hand admonish you, not to regard the copiousness or utility of the knowledge you possess, as if you nad been
exalted to
satisfied
some pinnacle of
superiority, 01
had
your
labours.
,
your aspirations, or completed Revolve the matter thus

:
"If
you take
to
task the whole of that
huge
nised
men who
had held offices of state, others
Henators of the realm, divers eminent ecclesiastics, and some generally of all the notable classes of
congeries of writings wherewith the scienci are so puffed out and overgrown, and mark them with
a strict and sifting scrutiny, you shall everywhere 3 A -2
658
PHENOMENA OF THE UNIVERSE.

same
thing, diver
|
note infinite repetitions of the

sified in
words, arrangement, examples, and illus trations, yet in the sum and weight and real effect of things all anticipated, and manifestly only repetitions, so as there is at once poverty and parade, arrogance and miserable jejuneness. And if I may be allowed a colloquial ease and plea
santry on this subject, this learning of yours very much resembles the well known supper of the
what (I pray you) have the Romans or Arab* which doth not emanate from, and fall back into
systems of Aristotle, Plato, Hippocrates. Thus you see Galen, Euclid, and Ptolemy 1 your entire hopes and fortunes wrapt up in the weak brains and limited souls of about half-a-dozen
the
mortals.
Yet
it
was not
for this that
God im
planted in you reasonable souls, that you should
faith due only to the things of God. Nor hath he tame boar. allotted to you the firm and vivid informations of For you will not deny that the whole of that the senses, to contemplate the works of a few men, seeming copiousness is nothing but fragments of but his own works, his heaven and earth, cele the philosophy of the Greeks, and that not reared, brating the while his glory in your hearts, and to continue the metaphor, in the woods and wilds while you lift up a hymn to your Great Author, of nature, but styed up in the schools and scho admitting, if you will, these mortals (and where
host of Chalcis, who being asked whence he had such store of different hunter s fare: answered
that ail his dishes
obsequiously give up to human beings that part of you which he vindicates for himself, implicit
were of the
flesh of a
lastic cells like the
domesticated animal.
For,
if
fore should
you refuse)
choir."
to
a place besides you in
you give up the Greeks, and a few Greeks
too,
the worshipping
W.
G. G.
THE PHENOMENA OF THE UNIVERSE;

OR,
.
NATURAL HISTORY.
FOR THE BASIS OF NATURAL PHILOSOPHY.
and empirics, if they conducted their observations and philosophy with more boldness, Deing accus UPON my taking into consideration the errors tomed to an accurate nicety in some things, bend that prevail with respect to the true grounds of all others by the most singular methods to them; forming theories and conducting experiments, fl knd give out opinions the most monstrous and felt it my duty myself to remedy these evils, to unnatural. For the one class, out of many things the best of my ability. There cannot indeed be take but little, the other out of but little take much
PREFACE.
any thing more meritorious than to lead men to into the body of their philosophy and, to speak throw off the masks of authorities and their blind the truth, the method of either class is unsound, admiration of experiments, and to enter into a and will not hold. But the knowledge of nature nearer communion with things themselves, and a which has been hitherto collected, however copi thorough investigation of them. For so our know ous it may at first sight appear, is really meagre ledge of them will be at once deep and secure, and unprofitable. Neither is it of that kind for and will be moreover at hand, and the sources of which we are inquiring. Nor is it yet cleared of But the first princi fable and absurdity, but runs out into antiquity utility will be multiplied. ples of this design must be derived from the and philology, and relations of things uncon knowledge of nature. For all the philosophy of nected with it, neglecting and rejecting what is the Greeks, with all their different sects, and, solid, but laboriously curious upon trifles. But indeed, whatever other philosophy nv.iy be men the worst of this kind of copiousness is this, that tioned, appears to have been built upon too narrow it embraces the investigation of natural objects, A basis, and on an insufficient acquaintance with and yet for the most part declines the study of nature. For, taking up some few things from things mechanical. And these are the very things experience, and from tradition, and that sometimes which by far excel the others in the searching out
;
j
rest in
without accurate examination, they placed the the secrets of nature, for, nature being of itsclt meditation and in the exercise of their vast and diffuse, dissipates the mind and con But in mechanical opeingenuity; relying too much upon dialectics but founds it by its variety. the chymists and the whole class of mechanics rations the judgment is collected, and the designs
:
j
llI
NoMKNA OF THE UNIVERSE.
and workings of nature .in- discerned, and not the two admonitions which I would îve on this head, Ami, 1) sides, all the subtlety of us at other limes, so especially now, in proceed" nly. mechanics stops short of the nhjeet whi -h we injr to this very thing: first, that we should dis For tin- person thus employed beinir intent miss tli.it motion, which, though so thoroughly seek. and destructive, easily takes possession of upon his work -.Hid nlijtrt, iicitln-r raises liis mind false the mind, that the investigation of particular nor stretches forth his hand to other tiling. -is is an infinite and endless task: when the which perchance avail more to the investigation nhjt of nature. Then is need, therefore, of greater truth rather is, that there is no bound to mere {are ami choice kinds of examination and even of opinions and disputes, but that those fantasies are expense, and moreover of the greatest patience. condemned to perpetual error and endless uncer For this hath rendered every thing in the depart tainty but that those particular objects and the ment of experiment useless, that men have from informations of sense (taking out individuals and
,m<l
!
the hej>imiiii jf sought out experiments for the degrees of things, which suffices for the investi sake of gain and not of knowledge, and have gation of truth) certainly admit of comprehension, been intent upon bringing out something magnifi and that neither too wide and extensive, nor too cent, not upon revealing the oracles of nature, difficult and adventurous. And, secondly, that which is the work of works, and comprehends all men frequently bear the object in mind, and that And this evil hath been occa when they fall upon the consideration of very in itself. power
sioned
by the fastidious curiosity of men, in
many
trivial
generally turning their attention to the secrets and rarities of nature, and in expending all their research upon these, passing over experiments
of the most ordinary, small, and apparently and even low subjects, and which, as Aris
and ordinary observations with contempt. And they seem to have been determined to this choice things are not sought out or described for their either from the pursuit of applause, or from having own sakes, but no other way is open to the human fallen into this error, that the office of philosophy understanding, nor any other method left of pur is as much to trace the cause of ordinary occur suing this work; since we are attempting an rences and the remoter causes of those causes, as object of unrivalled importance, and most worthy of the human mind, to kindle in this our age, it is to harmonize extraordinary with ordinary event *. But the cause of this universal complaint through means offered and applied by the Deity
1
says, seem to require a previous apology, they will not think that I am trifling, or taking down the dignity of the human mind. For these
totle
respecting natural history is chiefly this, that men have not merely erred in their mode of proceed For that natural history ing, but in their design.
himself, the pure light of nature, the name indeed the boast of men, the thing itself entirely un known. Nor do I dissemble my opinion that
that preposterous subtlety of arguments and imaginations in the time of which the subtlety and
!
which now
exists
seems
to
have been composed
either on account of the profitableness of experiments or the pleasure of details, and to have been
truth of the first information or true induction
was
made
sake, and not to serve as the elements, and as it were to be the nurse of phiIt is therefore my losophy and the sciences.
for its
own
either passed over or ill set on foot, can never effect a restoration, though all the genius of past
design, as far as lies in

deficiency.
For
power, to supply this have long since made up my
my
opinion as to the province of abstract philoso phies: it is my intention also to adhere to the
ages should unite in the design ; but that nature like fortune has her hair only upon her forehead. It remains, therefore, that the work be entirely recommenced, and that, with greater helps, and
laying aside the heats of opinion, an entrance be opened into the kingdom of philosophy and of the
sciences, (in which all the wealth of man is stored, for nature is overcome only by yielding,) in the
|
methods of true and good induction,

contained
in
which
are
all things; and, as it were, by the help of instruments, or, by a clue to a labyrinth, to assist as much as possible the power of the human self inadequate and very uneunderstanding, _
same manner as into the kingdom of heaven, into which we cannot enter but as little children. But
the profit of this work, that plebeian and promiscuous advantage derived from experiments them
And I am ûal to the attainment of the sciences. *t the same time aware that if I would include in
<lat
restoration of the sciences,
which
1
have
in
Contemplation, any greater scope, the greater honour.

<eap
might indeed
we do not altogether condemn, since it can doubtless marry desirable suggestions to the ob servation and invention of men according to their
selves,
a mind various arts and talents. But we deem it ex and out tremely small in comparison of that entrance into of a sense of real desert and confidence of success human knowledge and power, which, through And of that lo reject with readiness what is only plausible, I Mhe divine mercy, we look for. nave taken upon myself that part of the work mercy we again desire, that it may see fit to been passed over by enrich anew the human family through our hands. which would probably have The nature of things is either free, as in species. others altogether, or would not have been treated
But since
it
has pleased
God
to give
me
that can learn to yield to circumstances,
in accordance with
my
design.
And
there are
or confused, as in monsters, or straightened, as in
560

I
the experiments of the arts ; but it acts in whatBut ever class are worthy of commemoration.
remarked or asserted, (whatever men may pretem

respecting the power of matter being equally proportioned to its forms,) that out of that quantum of matter more or less is contained under thr same
the history of species which at present exists, as of animals, metals, and fossils, is tumid and im pertinent; the history of prodigies vain and
grounded upon slight reports; the history of ex periments imperfect, tried by parts, treated neg ligently, and made entirely with a view-to action and not philosophy. It is, therefore, my design to contract the history of species, to examine and revise the history of prodigies, and to put forth my principal labours uponexperiments mechanical and artificial, and upon the subjection of nature to the hand of man. For what are the sports and
wantonings, as
it
dimensions* of space, according to the difference of the bodies by which they are occupied, of which some are very evidently found to be more
compact, others more extended or diffused. For a vessel or a cavity filled with water and air can not receive the same portion of matter, but the one more and the other less. If, therefore, any one
an equal quantity of air were to assert that fr an equal quantity of water could be produced, it would be the same with asserting that something For that must, could be produced out of nothing. of course, be supplied out of nothing which is supposed to be wanting in matter. Again, if it were asserted that an equal quantity of water
could be turned into the same quantity of air, it would be the same with asserting that something
were, of nature to us
that
is,
those trifling differences of species according to their forms, which are of no service to our pur suits, and with which natural history, neverthe
less, teems.
ful is,
The knowledge of things wonder indeed, pleasant to us, if freed from the fabulous, but on what account does it afford us
pleasure
]
knowledge of nature it of calculation imperceptible in some respects, but may lead it whither it sometimes preceded it by definite and certain, and known to nature. As, if its own unassisted power. To artificial experi one were to say, that a body of gold compared ments we entirely attribute the first place in with a body of spirit of wine were a collection of
kindling the light of nature, not so much because they are highly useful of themselves, but because they are the most faithful interpreters of natural occurrences. Would any one, for instance, have so clearly explained the nature of lightning or of
the rainbow, before the reason of both was de monstrated, of the one through the instruments of war, of the other through the artificial resem
tion itself, art its office, that from the
not from any delight that is in admira but because it frequently intimates to
could be reduced to nothing. For the superfluous matter must, of course, have vanished into no
thing.
And
do not doubt that this will admit
matter exceeding in a ratio of twenty to one, or In setting thereabout, he would speak the truth. forth, therefore, that history which I have spoken of matter, of respecting the quantity and paucity and the union and expansion of matter, from which
those notions of density and rarity (if rightly con
sidered) der ; in the
have
their rise,
shall preserve this or
blances of the rainbow on the wall. But if they are faithful interpreters of causes, they will also
account of the place, to give an relative proportions of different bodies, (as of gold, examined the ratios and water, oil,
first
fire,)
having
be certain and successful signs of their
effects
and
And I shall not depart from this operations. threefold division of my history to treat each subject separately, but shall mix the kinds them
selves, natural with artificial, ordinary with extra ordinary, and keeping close to every subject in
of different bodies, I will afterwards treat of the of the same body, with retirings and excursions For the same body, calculations or proportions.
without accession or subtraction, or with the smallest degree of either, from various
possible
able to ga impulses both external and internal is For ther itself into a greater and lesser sphere. sometimes the body endeavours to return to its and sometimes evidently exceeds former
proportion to its utility. It is usual to begin with the

air.
phenomena
of the
But
in
strict
adherence to
my
should prefer those phenomena which and produce a more common nature of which both We will begin, therefore with globes partake.
object, I constitute
sphere,
first place, then, I will enumerate the courses, differences, and proportions of any natu
it.
In the
ral
body, (in relation to

its interstices
the history of bodies according to that distinction which appears the simplest, that is, the quantity or paucity of matter contained and extended within the
them with
its extent,) or pores, that
comparing
is, its
verizations,
calcinations,
vitrifications,
pul dissolu
tions, distillations, vapours, exhalations, arid in
same space or the same boundaries. For as no flammations. In the next place, I shall lay down axiom in nature is more certain than that twofold the actions and motions themselves, the extent one, that out of nothing, nothing comes, and that and bounds of the contraction and dilatation, and there is not any thing which can be reduced to no- when the bodies return to themselves, and when
their exthing, but that the quantum itself of nature, or the^they exceed according to the measure of universal sumof matter, is ever the same, admitting tent; but I shall note particularly the efficients
leM
neither of increase nor of diminution; so it is not certain, although it has not been so clearly
and means through which this kind of contractions and dilatations of bodies follow, and, in the meau
III:\O\II:N\
OF TIIK UNIVERSE.
5c(
subjoin by the way. the pn\\ers and actions which accrue tn In.li.s In in Mieh cuintime,
slr.ill
mi and
(ill. Italians.
Ami
pr--i MI
;is
It
well
"I"
know how
tin-
dilficnlt it is in
the
familiarity with nature new fnnii the very elements, 1 shall add my own observations, in order to excite the
ari|uiiv
mind
tn
;i
the thoughts of others. Hut demonstration, whether as to the discovery of the density and rarity c.f bodies, I have no doubt that, wilh respect to thick ami pal
attention and
r.iise
with respect
to
pable bodies, the motion of gravity, as it is called, can be assumed as the best as well as readiest
proof; for the gravity of a body will be in propor
But after we have come tion to its compactness. to the class of ethereal and spiritual substances, then indeed we have no measure or rule whereby
to go,
gation.
and shall need another method of investi But we will begin with gold, the heaviest
bodies within our knowledge, (for philoso not yet so matured as that we ought to vet-lure an opinion respecting the bowels of the
of
all
phy
is
earth,) and embraces the greatest quantity of mat ter in the smallest space ; and we shall apply the
ratios of other bodies to the sphere of this; inti
mating, however, that here we scarcely touch upon the history of weights, except as far as it may throw light upon the demonstrating of the
dimensions of bodies.
But as our design
is
not
to publish conjectures, but to discover and gain knowledge, and this appears to lie in the exami
nation and proof of the
first experiments, I have determined in every very subtile experiment to subjoin the mode of experiment I have made use of, that after it is clearly ascertained how each
thing by itself appears to me, men may see how far they may rest satisfied, and what further re mains to be done, whether in the correction of
errors
which may
still
the calling forth and employing of modes of proof. And I will for
di igently
cleave to the work, or in more accurate
my own
part
and sincerely intimate those subjects wtiich appear to me to be less satisfactorily ex plored, and to lie, as it were, nearer and more open to error. Lastly, I will add my own ohservaons, as
I
before said, so that whilst every part of
is preserved entire, I may yet even by way turn the face itself of natural history to ward philosophy. It will be my care also to remark
philosophy
the
The Mode of Experiment upon
the above Table.
whatever thosr things are, whether experiments or Let the weights which I have used be under observations, which occurand intervene beside the stood to be of the same kind and computation scope of inquiry, and pertain to other denomina with those of goldsmiths a pound beino; twelve tions, that the investigation may be kept distinct. ounces, and an ounce twenty penny weights, a pennyweight twenty-four grains. I have chosen A TABLE OF THE CONJUNCTION AND EXPANSION as a standard of the ratios of other
,
bodies, OF MATTER THROUGH SPACE IN TAVJIIII.E IIO- gold to the measure of its extension, not so DIE, WITH A CAM UI.ATION OF THEIR RATIOS according because it is the heaviest of bodies, as be much IN DIFFERENT BODIES.
cause
That orcttpy the same tpaee, or are equally extended.
it is
the
most unique.
For, other bodies,
Of pure
gold quicksilver lead
20
10 12
which, in some degree, partake of inconstancy even after they have been tried by fire, retain diversity of weight and dimension ; but pure
VOL.
II.
71
f)62

was
j
to be the same ment adopted
appears to be entirely free from this property, and in all circumstances. The experi in this case was this: I made an ounce of pure gold into the form of a cube ; I then
prepared a small
ratios with the strictest accuracy.
not equally suitable for the taking of th For it could

receive
particles
not well
beneath a half or a
body of gold, and

that
it
to agree
square vessel to receive that with it exactly, except
quarter of a grain, and that square surface, in a small and imperceptible ascent or altitude, w.as ca
was
might be within the vessel in which the gold cube might I did that for the sake of fluids, that, ascend.
too high; yet, so as that there marked, by a distinct line, a space
little
pable of attracting a remarkable difference in the weight contrary to what it is in vessels rising to
a point.
3. There is no doubt, that very many bodies noted in the table receive more or less within
fluid was to be put into the same vessel, their species, according to weight and dimension. might not flow over, but, by this method, he For, waters, wines, and the like, differ from one more conveniently preserved in an accurate mea another in gravity. Therefore, as it respects the
when any
it
same time, another vessel minutest calculation, the thing itself receives some modification; neither can the individuals, that, in a like vessel, the ratio of the contents of upon which our experiment falls, decide with the body might appear by itself. Then, I had exactness the nature of the species, nor, perhaps, made cubes of the same magnitude or dimensions agree minutely with experiments made on others. 4. I have set down in the above table those in all those materials specified in the table, which were capable of division. But, the fluids I made bodies which could conveniently fill the space or use of at the time, by filling the vessel until the measure, each with its body in the lump, and fluid ascended to the place that was marked and could, as it were, be assimilated, and from the but those as ratios of the weight, of which a judgment might the powders in the same manner
sure.
I
had, at the
made,
in size
and weight equal with the former,
pressed as possible ; but this with an especial view to their lying even and not suffer ing injury. The proof, therefore, was no other
closely
be formed
Three kinds of bodies,
respecting the collection of matter. therefore, could not be
than that, one of the vessels being empty, should be put with an ounce in one scale, another of the vessels in another, with a body in the lump, and the ratio of the weight be taken ; so that, in the
proportion of its diminution would the dimensions of the same body be increased. For example, when a cube of gold gives one ounce, but one of
fat
brought into our computation; first, those which would not satisfy cubical dimension, such as
leaves, flowers, fibres,
membranes
2dly, bodies
with unequal pores and cavities, as sponges, fleeces, and cork; 3dly, pneumatic bodies are without weight.
Observations,
a pennyweight,
it
is
clear that the extension
The
is
collection
of the body of gold, compared with the extension It was of the body of fat, has a twentieth ratio.
desirable, also, that the mode should he noted down of the measure which comprehended an
bodies which have
of matter in those tangible come under my observation,
within the ratios of twenty-one parts, or there The collection of matter is found most about.
ounce of gold ; it was that of a pint of wine, ac cording to English measure, a fraction a little less than two hundred and sixty-nine. The proof was this I marked the weight of the water which was in the vessel, under the line aforesaid, and then the weight of water contained in a pint, and collected the ratios of the measures from
:
compact in gold, and most expanded in spirits of wine, (we speak of bodies which are whole and not For spirit of wine occupies a space porous.)
twenty times, and that repeated, of the space which gold does, according to the ratios of one ounce to twenty-two grains. For, of those twenty-one parts, of which some are more com
for
those of the weights.

Cautions.
pact than others ; metals occupy thirteen parts, tin, the lightest of metals, is almost eight
tion of the
Observe whether, perchance, a closer contrac body from the united force produce a
pennyweights, thirteen, that is to say, below that of gold. For, all this kind of variety, leaving metals, is confined within those eight remaining
parts, and, again, that
to the greater ratio of weight than is in proportion matter, whether or not this be the case, will ap from the peculiar history of the weight. If pear it should be so, the calculation is certainly erro
by beginning inclusively from stones,
remarkable variety which, is extended
to those other subjects, is confined within three parts only, or but little more. For the touchstone,
neous, and the more bodies are extended, so much the more of matter they possess, than is in pro portion to the calculation of weight and measure
preponderates by
weights.
in
the heaviest of stones, (excepting the loadstone.) little more than three penny
But
spirit
which depends upon
The
of,
for
A great gap presents itself it. small ness of the vessel which I made use from gold and quicksilver to lead, namely, from convenient twenty pennyweights and a little under, to less and the form of it, although very the receiving of the beforementioned cubes, than twelve. And, although great metallic bodies
compact bodies, one pennyweight.
is
of wine, the limit of levity lighter by little less than
lIIAOMl
N A 01
;
Till:
IM\
HUM;.
563
abound
tli.it
in variety, I am not inclined to suppose there .in; uny intermediate bodies, e\ct -pling,
tin.1
sideration the region in which the mines or quar ries are found, whether it be higher ground or
\\hetlier lower.
perhaps,
thenis
jrr.ulii.il
clmi. Mils of quicksilver. ascent to iron and tin.
Frm
lc.nl
And
in
th.it
the
same manner
as to
there appears a great liiatns

st. MI
>,
Again, between metals and
stones and diamonds
for
to
su.-ii,
namely, from right to three pennyweights; or about sucli, is tiie di.-t.nn-e roin tia
t
are crystals, whether the stony nature penetrate the earth so deeply as the metallic, or rather attaches only to the surface,
the touchstone.
Only between these comes
which appears the more probable supposition. Sulphur, commonly deemed the father of metals,
though generally not so by the learned, or sulphur transferred to a kind of natural and not common be found of imperfect mixture, and of a nature sulphur, has a collection of matter inferior to compounded between stone and metal. From every kind of metal and even to stones and the stones, indeed, to the other bodies, there is a gra stronger earths, by two pennyweights and two dual variation. grains; and yet, (if other circumstances concur,) But we little doubt that, as to vegetables, and if mixed up with mercury, on account of the ad also in the parts of animals, they show themselves mirable gravity of this latter, it could give the more than other bodies, although of sufficiently weights of all metals according to the ratio of the
equal texture, which surpass spirit of wine in
For, even the wood of the oak, which lightness. is firm and solid, is lighter than spirit of wine,
the loadstone, and almost on a par, and tins is a metallic stone; and, probably, other fossils may
temperament, except the weight of gold.
The
efficient of
conjunction in bodies
is
not
and the wood of the fir much more. And very many (lowers and leaves, and membranes and
fibres, as the
sects,
and the
skins of serpents, the wings of in like, would doubtless approach the
always considered in respect to their accumula tion. For glass, which joins by means of a fierce and powerful fire, outweighs crystal, which is its original nature, and is extracted without fire
or apparent heat; for as to ice being a solid, that
lesser ratios of weights, (if they
cubic
were capable of artificial sub dimension,) and much more
stances, as tinder, the leaves of roses after distil lation, and the like.
a popular error, and crystal itself is much heavier than ice, which is plainly kept together by cold, and yet it floats upon the water.
is
We
some
generally find, as to the parts of animals, bodies more compact than in plants. For,
The mixture of liquors does not depend upon or arise from the ratios of their weights only, since the spirit of wine is not mixed with distil
bones and skins are more compact than woods led oil of almonds, but (what would not appear and leaves; for, we must correct that proneness probable) floats upon oil as oil upon water; and which the human mind entertains toward conjec yet (as may be seen from the table) is only lighter turing that bodies are hard and consistent, in pro by a grain and a half. But at the same time spi portion to their compactness and solidity, but that rit of wine is by far more easily mixed with the as water fluids are naturally less contracted. For, a col spirit of water, though heavier; and lection of matter is not less in fluids than in itself is more easily mixed with oil of vitriol than solids, but rather more. Gold, by a certain soft with oil of olives and yet oil of vitriol is heavier ness which it possesses, verges to a fluid state, and, than water by eighteen grains, but oil of olives when liquefied, is not extended, but is contained lighter by four. But this is not to be received
;
former place. And quicksilver flows and lead easily flows, iron with difficulty, of which the one is a very heavy, the other a very But this is especially to be noted, light body. that metals which are frangible (fluids, to wit) far exceed stones in weight. It is verj remarkable of gold and quicksilver, which are so much heavier than other metals, that they are found sometimes in grains and small particles, as if perfect by nature and commonly pure, which happens to no other metals, which must unite and be purified by fire, whereas these
within
its
without a particular consideration of the weight

in bodies proportioned according to the mixture. For we see that wine floats upon water, if the
of
itself,
agitation is repressed or there is a perturbation of the descent or first state ; as when into a vessel
which water is contained you pour wine, but with a piece of bread or cloth intervening, which would break the power itself of the first And the same takes place in water condition.
in
two, the conjunction of which is by far the great est and the strictest, is natural and without the
aid of
fire.
And oil of vitriol with this design. is more although wine be first poured in afterwards water (upon the bread or cloth as and aforesaid,) it finds its own place, and passes
poured upon
what
through the wine and settles
itself.
In the investigation of the nature of metals and some inquiry should be made respecting those metals which are found lower than others
stones,
Continual ion of the History of the Conjunction and Expansion of the Matter in the same Body.
I
deem
that our investigation into the ratios of
and are deeper in the earth, as to whether there is any certa n rule and standing experiment on But here we must take into the con this head.
powders will he attended with greater utility if we compare them with the bodies themselves, in their complete state, and do not cons der them
564

to
simply by themselves. For by this means a judgment may be formed respecting the dillrn m-c of the bodies and concerning those connexions and chains of their perfect nature which are the But in the ratios of powders, we under closest. stand powders as compressed as possible. For this conduces to their evenness, and does not suffer accident. Mercury in the lump has in that exthe table proceeds, perimental measure on which 19 dwt. and 9 gr., but sublimated in powder, 3 dwt. and 22 gr. Lead in the lump, 12 dwt. l gr., but in white
lead, in powder, 4 dwt. 85 gr. Steel in the lump, 8 dwt. 10 gr., but in pre as is used in medicines,) 2 pared powder,
ashos;
it
both loses a great part of
its
weigh.,
and the ashes do not by a considerable proportion fill the measure of the wood. The method of pulverization has considerable
influence with respect to the opening or expanding the body. For there is one ratio of powder which
produced by simple bruising or filing, another which is produced by distillation, as of sublimate; another of that which is produced by ;urning it, as it were, into rust by means of aquae another of that which "ortes, and consumptions;
is
of that
produced through
fire,
as cinders, calx.
When
(such
under consideration, they will not admit in any way of comparison. It is not my design to dwell longer on each
;hese, therefore, are
dwt. 9
gr.
Crystal in the lump, 2 dwt. 18 gr., in powder,
sarticular subject than is requisite in order to present undertaking; I cannot, however, refrain
my
dwt. 20 gr. Red sandal in the lump, 1 dwt. 5 gr., in pow der, 16 gr. The wood of the oak in the lump, 19 gr., in
1
Tom
acilitate
intimating by the way such others as would it, though not absolutely demanded in
this place: especially I would propose that a table should be made of bodies with their pores,
ashes,
dwt. 2
gr.
with each body with
its
But
that the ratios of
powder pressed and not
vitrifications, dissolutions,
powders, calcinations, and distillations.
pressed
may be the better understood, and that according to the difference of the bodies, I have taken the weight of roses in powder, since it could not be taken into the table in the lump
:
We leave
to the
proper history of weights the
istory of the variation of weights in individuals, that is, of the same body in the lump and in pow
ders, as of water in snow or ice, and the same powder not pressed, 7 gr., in powder dissolved, of an egg raw and prepared for food, time in the wood of of a fowl alive and dead. pressed, 22 gr., but at the same the tried red sandal, red sandal in powder not Observationspressed, 10 gr., pressed, 165, so that powder of rose
that gave in
is
much
heavier
In more compact bodies the compactness of the ment to the former table, the ratios of powder in parts is much closer than to admit of being some examples fiom flowers, herbs, and seeds, equalled by any position or pressure of its pow
if
lighter than that of sandal if not pressed, pressed. I have also taken, as a supple
the dimension of roots could not be cubic,) example of the rest in their own species ; and 1 find that the powder of rose-flower, as afore said, grves 22 gr., of sweet marjoram, 23, of
(for for an
ders.
And
in
proportion
to
the
gravity and
between the solidity of bodies is the difference whole bodies and their pores, as the ratio of in a state of nature to quicksilver
quicksilver
in
sweet fennel,
in
dwt. 3| gr.
have taken also sublimated
powder
is
fivefold or
more; the
powders the weight of other bodies which could not have been taken into the table, as of
ratios of steel
and lead do not ascend to fourfold ; the ratios of crystal and sandal do not ascend to
white sand. This gave 1 dwt. 20 gr. ; of common twofold. In lighter and porous bodies there is perhaps a salt, 1 dwt. 10 gr. ; of sugar, 1 dwt. 2^ gr. ; of looser position of the parts in the bodies in their myrrh, 1 dwt. ; of benjamin, 1 dwt. In this same table you may see that sulphur, in the lump, yields whole state than in their compressed powders, as 1 dwt. 18 but in dry rose-leaves. And in bodies of this kind in 2 dwt. 2
gr., vitriol in the
gr. chymic oil, there exists a greater difference between their body, 1 dwt. 22 gr., in oil, 1 dwt. wine in the body, 1 dwt. 2 gr., and dis powders pressed and not pressed. gr. The parts of powders can so sustain themselves tilled, 22 gr. vinegar in the body, 1 dwt. 2 gr., that powder not pressed will fill a measure thrice distilled, 1 gr. 1 dwt. that of powder pressed.
;
21
Cautions.
Metallic bodies, as sulphur or vitriol, turned

into their oils, retain their
speak of weight in the body, and in the powder, we do not understand it of the same individual, b lt of the body and powder of the same species contained within the same tabular
measure.
or if the
When we
weight to a remarkable There is not, indeed, a great differ ence between the oils and the bodies themselves.
degree.
lose in weight:
in a
Doubtless by distillation they are attenuated and hut this is the case with wine
double degree
to
what
it is
with vinegar.
sarne
The pore in sublimated powder, as compare-i wood f the oak be taken and at the time the wood in the individual be reduced with that in the body in its natural state, is
\
worthy of notice from
although fuld.) and
si)
or
tliat
TIII:
inequality movable and successive,
r-
tliis
it
jjreat, (fur
is
as
circumstance, have s.iid

1
till
the water
live-
tli.it
nt
in a transient, as in the vapour-;

it
proper consistency and is freed from the pressure: as in the waves of the sea and of
jams
its
of quicksilver, Imt in a consistent body,
returns
rivers,
all
even after the winds have calmed, and in

kind of inequality
is
without
difficulty to its
former orbit.
if
tlir
disturbed water.
The same
Contintitilinn of tltf tun! / .rpansion of
lli*!ri/
Mutter thnni^h
Sjinci
Ciinjunction in t/ir
1
winds
also,
which
roll
themselves together
evidently in the in the

re
mine
same manner
as the
waves: neither do they
Until/.
\niinals in
thi
ir
swimming
feet; that
depress the water
witli
turn to tranquillity immediately on the cessation of the first impetus, except that in the undulation
being depressed, rises above its natural consistency, and bears up the body rising upon it. But skilful swimmers can
so li.ilancB themselves upon the water, as to keep themselves up for a time without moving their
hands or
of the
is
air,
the motion of gravity, which in water
joined with the motion of liberation from pres sure, does not intervene.
arms
or legs ; nay, to water, and perform other feats of agility. Waterfowls, indeed, are webfooted, and so can conveniently depress the water with the mem
walk upright and on the
A stone thrown sidelong on the water (as boys do in play) leaps off and repeatedly falls, and is Swimmers when struck again by the water. from an eminence they leap headlong into the
water, guard against dividing it through the join ing of their thighs. Lastly, water struck by the hand or by the body with power, beats like a ferula or any rather hard body, and causes pain.
branes of their feet ; but can

water.
swim
better in deep
Birds in flying beat and condense the air with their wings, but the air, (as was said of water,) restoring itself to its own consistency, carries
the bird.
And
And
birds also sometimes cut
their
path with expanded wings, but retained in one position, or now and then striking their wings
a
and then returning to their gliding motion. is an analogy between winged animals, whether feathered or not. For flies and all creatures of that kind have their membranes of wings with which they beat the air. But the
little
in skiffs and keels of vessels which are guided by the force of oars, the water pushed forward and borne down by the oars behind the rowers forces the skiff forward, and makes it move on its way, and bound onward, as a boat is moved off from the shore by the waterman s For the water, gathering itself behind the pole.
And
there
stern of the vessel and urging it into a contrary direction, is not the principal cause of this,
which nevertheless
laxing
itself.
arises from the pressure re
weakness of
their
wings
lightness of their bodies.
is made up by Winged creatures
the
are
Air, in avoiding compression, imitates and puts forth all the actions of a solid body; as we may
more easily borne up aloft, especially those see in the winds, which direct the courses of which have broader wings, as the swallow, ships, overthrow houses and trees, and prostrate though their motion is not so swift. And all them to the ground. birds which are of considerable magnitude have The stroke that is given from a sling, hollow more difficulty in the first stage of their flight, in and long, so as to help the compression of the air, elevating themselves from the earth, since the air is owing to the same cause. is of course not so deep. Boys in imitation of cannon scoop out the
Caution.
the alder tree and stop up each end of a root of the fleur de luce, squirt with bits of the or of paper rolled up, and then shoot off the little means of a wooden pin, but before that ball
wood of
The motion
the like,
is
of condensation in water, or
air, or
upon
it.
The
manifestly through striking or moving parts of air or water, the farther
by
they are from the first stroke or impulse, the weaker they are struck, and the slower they trive way hut as they are nearer, so much the more forcibly and quickly; whence it necessarily hap
;
it, the further ball is sent off with an audible force by the power of the air shut up in the squirt. Air forcibly condensed becomes colder and
touches
seems
pens that the anterior air, which flies with more rapidity, comes up to the posterior air, which is slower in its course, and so they come together. But since crreater condensation than is natural
,1
when we
watt r. as approach nearer the nature of raise the wind with a fan, we perceive the air with a hurried motion by pressing forwaid, heating hack airain, or as when by drawing our
to
lips together, the breath in bellows.
becomes
cold, or as
may
results
conjunction, the bodies of water or air leap back and return, in order to open and loose themselves.
their
1
from
be seen
And when in the open air, you will find that it is much cooler when the wind is blowing than when the air is perfectly calm.
In the generation of sounds air condensed imi
tates the nature of a solid body, for, us betweeu,
Hulory* The face of water and cf every fluid is uneven mtier agitation and perturbation, and that by an
two
solid bodies
sound
is
produced by percussion,
fB
500
so a sound
is

<>t
produced between a solid body and hollow vessel might be constructed of metal, air condensed, and again between two opposite of some other kind of material, to be let down to bodies of condensed air. For, with respect to the the bottom of the water; that it mijrht be sus
tained by a tripod, with the feet affixed to the brim of the vessel, and th5 feet to be a little less
chords in musical instruments, it is plain that the sound is not emitted by touch, or by the percus sion between the finger or the bow, but between the chord and the air. For a chord when it rebounds, and that with celerity from its being stretched, first condenses the air, and then strikes it. Instruments also put into sound by the breath, on account of the very weak motion of the breath compared with that of a stringed instrument, are of necessity made hollow to assist the compression of the air, which is also considered an assistance in stringed in struments.
than the
human
stature.
The
vessel
was
let
down
into a great depth, with all the air it con tained, in the same inannei as was described in
the case of the platter, and was set upon its feet, and stood just by* the spot where the work was to
But the divers, who were the workmen, when they wanted respiration put their
be carried on.
heads into the hollow of the vessel, and having taken a supply of air, returned to their work. And
I
Water pent up makes
way
for itself
with a
made my servant put his head under the water depressed with air, and he so remained for half the quarter of an hour,
myself
in a bath
into a basin
powerful impetus, and diffuses itself on all sides, in order to obtain its natural latitude, as under the arches of bridges. In the same manner also wind
until he felt that the air,
warmed by
his breath,
narrowed and condensed bursts

lence.
forth with vio
brought on a feeling of suffocation. To try by the bladder whether air readily admits of some small contraction, would be a fal
lacious experiment. For when the bladder is filled with wind, the air is condensed by the wind
itself,
Whirlpools produce whirlpools, for, since the natural relaxation is impeded, each part sus tains an equal pressure.
so that the air within the bladder
is
more
be ex
Water emitted on a sudden with force from a confined space, reflects the resemblance of a con tinuous body, as of a thread or rod, or branch of a
tree,
dense than
common
air,
and therefore
to
may
experiment of the wooden plate and becomes straight, afterward bends, then forced down beneath the water, you may see that divides itself, and disperses itself into a circle the water, entering from the extreme part of the into drops, as in little pipes, or syringes, and vessel, has occupied some space, and that the air has occasioned a defalcation of the same space. gutters. There is a kind of pool not uncommon in ponds, But in order more clearly to illustrate the pro especially after hay has been mown, or rather portion, I placed a small globular, or other solid seen from that circumstance. The hurricane body, and that would sink, at the bottom of the sometimes raises a quantity of hay in the air, and vessel, above which the plate was to be placed ; carries it along for a time together and not scat- then I placed above that another plate, metallic tered, until, after it has been borne to a considerable and not wooden, that could stand of itself at the But if that body be small height, the hay disperses itself and forms, as it bottom of the vessel. in size, when it is received into the hollow of the were, a canopy. A wooden platter, empty and turned down plate, it forces the air together, and does not wards, and placed evenly on the surface of the expel it; but if of greater magnitude than to water, and afterward put under the water, bears admit of the easy yielding of the air, the air, im with it down to the bottom of the vessel the air patient of this greater pressure, somewhat lifts up before contained in the platter; but if, with the the plate, and ascends in bubbles. like equilibrium, it be again taken out of the And I had a hollow leaden globe made, the sides water, you will find the air to have conveyed of it sufficiently firm to bear the force of a mallet or itself into not much less space than it before of a press: and this globe, being struck at either filled. This will appear from the colouring of pole with mallets, approached nearer and nearer the lip of the platter at the place whither the to a And it yielded more readily planisphere. water had ascended, and from which the air under the first contusions, afterward less so, ac received itself within. to the measure of the condensation ; so cording In a bed-room, if a window be left open when that at the last the mallets were of but little ser the wind blows, if there be no other vent, it is not vice, and there was need of pressing, and that very much felt, (unless it be violent,) since it is with some violence. But I enjoined, that, after not received by the body of wind which had filled the pressing, a few days should be suffered tc the room, and was somewhat condensed by the elapse, but this has no relation to our present first gentle wind, and afterwards does not admit design, but looks another way. of condensation; but as soon as a vent is given, Air, by a powerful exsuction into closed ves it is then sels, is extended or dilated, so that part of the air manifestly perceived. For the more comfortable continuance of work being removed, the remai ider, nevertheless, fills men, under water, it has been thought that a large the same measure as the whole had filled ; and yet
j
pected to be less But in the usual
adapted
new
condensation.
IMII:\OM;:\
ur. is
iiiiH-li
tli.it
or TMI:
:vr
doi-v at the
as possible,
cording as the sand
bottom.
think
itself
and
in get rid
"I"
extrusion.
You may
also that
it
many
infusions load
tin-
water, ami that
tins in eggs, which contain scented water, and an- broken in play, so tli;tt they imbue
received
subject.
cannot extend according to the hulk of the body but I pass by the experiment on this ;
the
.iir
wiili
their scent.
is in
The way
the
to try
it
is to
let all tinlet a
fc M| that
egg
hi- dr. lined,
then
Cautiun.
person confine, by a powerful exsuction, the
;iir its, -If
di.itelv
which has found on exsuction bore
its
way
in,
and iininethe finger,
a hole with
place the egg thus closed under the water, and then t.ike away your finger. But the air, turned
aside by this tension, and endeavouring to recover its place, draws the water, and enters till that
do not confound the motion of succession, which is called motion, to avoid the supposition of a vacuum, with the motion of reception from For these two motions are in time and extension.
I
effect conjoined, but differ in their proportion to each other, as will appear in the proper history
portion of air regains its former consistency. 1 have tried the same experiment with a glass the water (or philosopher s) egg, and find that
of the motion of succession.

little
Air received through breathing becomes in a while vapour, so as to cover a lookingglass
received
si
is
much was
about an eighth part of the capacity ; the air extended by exsuction. But
depends upon the greater or less violence of But toward the end of the exsuc iction. tion, it drew with it the brim of the vessel itself. made use of a new experiment, namely, I moreover after exsuction to stop up the hole with wax, and let the egg remain so sealed up for a whole day. I did this to try whether that day would lessen the inclination of the air, as is the case in con sistent bodies, in twigs, bars of iron, and the like, motions of which, to recover themselves from
this
tl>e
with a kind of steam, or in winter time so as to be congealed about the beard. But that dew, as it were, upon the bright blade of a sword, or upon a diamond, vanishes like a little cloud, so that the
polished body seems to purify itself. The mode of the process of water in the expan sion and contraction which take place in the body
of
it
through the medium of
fire, is
thus.
Water
acted upon by moderate heat emits a little and clear vapour, before any other change is seen
tension,
become
feebler through delay
but
find
within the body of it; the heat then continuing and increasing, the body yet remaining whole, it does not rise nor foam, as it were, in small
but, ascending through greater ones, dis solves itself into copious vapour, but the water
that the effect remains in this instance the
same; bubbles,
soon
the egg continues to draw, and with the same foine, the same quantity of water as if it had been
flies off,
forthwith put in after exsuction: so that when the hole was opened out of the water, it drew in
if it is
at first
and is consumed. And that vapour, not impeded, mingles with the air, being visible, and even after it has vanished from
with an audible sound, but the effect of sight, perceptible, either by sending forth a scent, further delay I did not try. or by moistening and softening the air at the If bellows are suddenly raised and opened, and touch or at breathing. And at length it hides no breathing place is given, they break ; for since itself, and is lost in that sea of air. But if first a so great a quantity of air, as can fill the inside, solid body meet it, (and so much the more if it be rising suddenly from a level to a height, cannot be equal to it and polished,) the vapour gently enters drawn through the narrow strait of the beak of the into itself, and is returned into the water either by bellows, and the air which is already within it the exclusion or ejection of the air, which was cannot be extended over such a space, the bellows before mixed with the vapour. And that whole
air
new
must break.
History.
If water be in a just quantity put into a glass, and the water s ascent be marked, and a common cinder cleaned through a sieve be put into the water and settle in it, you will see the space occupied by the cinder at the bottom ascend higher hy one-fourth than the body of water had ascended on the surface from the place before marked and hence it is plain, that the water mixed with the
;
process
is
water as in
manifest, as well in the decoction of distillation. But we moreover see
vapours which are emitted from the earth, if they have not been thoroughly subdued and scattered hy the heat of the sun, nor from the coldness of the air equally commingled with that body of ail though they do not meet a hdy, yei returned into water from the very cold and desti
;:
I
s"iid
tution of heat, so that in evening
dew
it
takes
place earlier, in showers later.

the
have, therefore,
cinder either changes its orbit and contracts itself, or that it receives the cinder within the hollow
part of the water, since
it
upon patient and diligent inquiry set down that expansion of air, if it be compared with water, amounts to a ratio of one hundred and
or thereabout.
^ i
by no means expands twentyfold
But itself in proportion to the cinder received. if you try this in the very lightest and thinnest
sand, (hut not calcined or reduced hy fire,) you will find that the water rises at the surface ac
Histonj of the Extension if

I
malic*
have taken a glass phial which could perhap* hold one ounce; I made choice of so small 4
PHENOMENA OF
vessel as for
TIIK
M\
KI;>K.
two reasons
particularly suited to
but the same matter expanded in a body of vapc
the experiment, first, that it might sooner bring on the boiling with less heat, lest the bladder, which was to be put above the phial, should be
:
tilled half a pint. the I, therefore, set down ratios according to the dimension expressed iiitlie table : a vapour of water can bear a ratio of
eighty-
burned and dried up by an intenser heat secondly, fold to a body of water. The bladder filled with that it might receive a less portion of air in that wind in the manner I have mentioned, if no since breathing-place be given, but it be removed whole part which was not to be filled with water I was aware that the air itself received extension from the fire, immediately decreases from the in fire. I determined, therefore, of through making flation, and subsides and is contracted. The use of but a little air, that that extension might not vapour whilst the bladder swells, being omitt* -d disturb the ratios of the water. The phial was from the hole, had another kind of vapour distinct not straight-necked, without any lip, (for, then, from the common one of water, more thin, clear, the vapour of the water would distil more rapidly, and upright, and not so soon mingling itself with and the dew would glide down that part of the the air. bladder, which was joined to the neck of the phial,) but with the neck at first straightened a little, and Cautions. then returned as it were with the lip. This vessel 1 half filled with water, must not suppose that if there were a greater that this (supposing would hasten the boiling,) and took the weight of consumption of water, a greater bladder could be the water with the phial itself by sand put in the filled in proportion. I tried this and found that
:
]
We
scale
of a balance.
Then
took the bladder,

pint,
it
would not answer, but the

it
which might contain about half a

care that
taking
upon
ther.
it should be neither old nor dry, and given to resist more from dryness, but new and rather soft. tried the soundness of the I, then, bladder by blowing, to be certain that there were no holes in it, and then emptied all the air out of
inflation that follows does not take place gradually, but altoge This I attribute partly to the inflaming of
the bladder, which was made harder and would not yield so easily, and was perhaps more porous ;
it
oil to
as possible. I also first of all applied the outside of the bladder, and made it take the oil by rubbing it in. This I did to make the as
much
(but this might be corrected by a moist heat as by the balneum Mariae ;) but still more to this, that the vapour being increased through the con stant succession, inclines to recover itself and condenses itself. The vapour, therefore, which
is
might chance
bladder closer, and to stop up the pores (if there to be any) with the oil. I fastened
the bladder securely about the mouth of the phial, the mouth of the phial being received into the
received into the bladder
is
not to be compared
into stoves, because
to those
which are received
mouth of the bladder; this was done with a string waxed a little, that might adhere better and tie more closely. But this is made better by clay
these latter mutually following and urging each other, thicken, but those expand themselves at will from the soft and yielding nature of the blad
der, especially at the beginning, (as I said,) before the copiousness of the vapour brings on its re
made
out of meal and the white of an egg, and bound with black paper and well dried, as I myself have found. At last I placed the phial over burn ing coals on a little hearth. The water soon after began to boil, and by degrees to inflate every part of the bladder, till it seemed as though it would break. I immediately removed the glass from the fire and placed it upon the carpet, lest the glass should be broken by the cold, and instantly
a little hole at the top of the bladder with a needle, lest, on the vapour being restored to
I
covery.
The expansion of the vapour of water is not to be judged entirely from the appearance of the vapour which flies ofT into the air ; for that va pour being immediately mixed with the air, bor
rows by far the greatest dimensions of body from the air, and does not remain
size.
its
mixed
in its
own
And
so
it is
made
into which it is any other coloured
amplified to the bulk of the air received, as a little red wine or

fluid
which imparts
a colour to
a great quantity of water.
The
exact ratios in so
water at the ceasing of the heat, should fall back minute a case cannot be obtained without laborious and confound the ratios. But afterward I took and unprofitable research, and are very slightly away the bladder itself with the string, and cleared connected with our present design. It is enough it from the clay, if any had been used, and then that from this experiment it is plain that the ratio weighed the remaining water with the phials of vapour to water is not twofold, nor tenfold, nor And I found that about the weight of two fortyfold, nor again a thousandfold, two hundred ajrdin. pennyweights had been consumed. And I saw fold, &c. For the limits, not degrees of natures, that whatever of the body had filled the bladder are the subjects of our investigation. If, there when it was full of wind, was made and produced fore, any one, by any accident or slight variation from that which had been lost from the water. in the mode of his experiment, whether from the The matter, therefore, when it was contracted in suape of the glass he makes use of, or the hard
I !
the
body of the water, filled as much space as ness or softness of the bladder, or the deirn-e of U-o pennyweights of the body of water filled : heat, does not fall upon the ratio of eight) fold, the
Mii:\i\n;\
.netis iiuiiiiitrri.il.
OF Tin:
IM\
I:KM;.
suppose tli.it But if tin- vapour is inflame, in the part verging to imagine llnit a little obliquely from the mouth of the phial, the which ily offl mm inflammation becomi s p. nsile in the iiir, undulat pneumatic in -. lil-l ill tlir of the same ing or winding after tin- appearance of vapour, bodies .mil are not of the saint- matter \\itli the and u oiil.l doubtless attend it longer if the vapour pom Irr HIS body, but are separated rom the pon remained together and did not conloin
I
I
For
tlirrr
.irr
inuir
.iinl
So
lunor.lllt
iis
volatile vapours,
ll<
|>rrs
derous part,
when
iinil
tho water
is,
as
it \\
en-, entirely
it expand* with so much the Beater ease and swiftness, as the spirit is more \\ idely diffused and occupies a less altitude. But smoke. The same matter, therefore, is tangible if the spirit of wine is put in the hollow of the and has weight, and is yet pneumatic, and can be palm of the hand, and a lighted candle between
A live rvaporates into nothing. coil, il placed in (lit- scale of a balance and left till it lie les a cinder, will be found to lie much
lighter.
(msumed,
tin- air. And the body itself ofspirit of wine, no remarkable vapour goes before, the lire being applied to it and kept to ita little while is changed
with
if
into the ilame, and
derful dejree in
Metals themselves are changed in a won \\ i^ht by tbe evolutions of their
divested of weight.
History.
the fingers is placed near the palm of the hand, (as boys are wont to play with powder of resin,)
and the
air,
of the process of oil is this. If oil be poured into a common glass phial and placed upon the fire, it will boil much more slowly, and
will require a greater heat than water.
first
The mode
spirit is gently moved forward, and straight forward, not upward ; the body itself burns in the
and when burning sometimes descends in a
And
at
right direction, sometimes unfolds a little cloud flying in the air, which nevertheless verges itself
to descent ; sometimes when set on fire it cleaves burning, to the roof or sides, or floor of the room,
some drops and small grains appear scattered

:
and gradually becomes extinct. Vinegar, verjuice, wine, milk, and other simple liquors (I speak of vegetable and animal sub steam flies off, but a little afterward the whole stances, for of minerals I will treat by themselves) body is inflated and dilated in a remarkable pro have their modes of expansion, and some remark Then, able differences attending them, which it would portion, as if rising in a twofold degree. be out of place here to enumerate but they are indeed, a very copious and dense steam arises if a fire be applied to the steam, even a good way in those natures which we have remarked in the above the mouth of the phial, the steam forthwith processes of water, oil, and spirit of wine ; namely, produces a flame, and descends immediately to in the degree of heat; and mode of expansion, the mouth of the phial, and there fixes itself and which is threefold, either in the whole body or in But if the oil is heated to a froth, or in rather large bubbles ; for fat bodies, continues burning. greater degree, the steam burning to the last, out of unripe juice, as generally ascend in greater
not play on the surface, as is the case with water, nor does the body rise whole, and in general no
:
through the body of the oil, ascending with a the bubbles in the mean time do creaking sound
of the phial, without any flame or ignited body being applied, completely inflames itself, and
takes the expansion of the flame.
Caution.
bubbles, of dried sap, as vinegar, in less. lection of spirit moreover differs in its site.
A col
For
in the boiling of wine, the bubbles begin to collect themselves about the middle, in vinegar about the
and it is the same in ripe and strong wine, : and again in vapid or stale, when the^ are infused. Sen that the mouth of the phial is rather nar But all liquors, even oil itself, before they begin row, that the phial may confine the fumes, lest by to boil, cast up a few and thin half bubbles about And all liquors boil and their largely and immediately mixing with the the sides of the vessel. are consumed quicker in a small than in a great air, they lose their inflammable nature.
sides
quantity.
History.
Court on.
is
The method
it is
of process of spirit of wine
this:
excited by much less heat, and brings itself of matter through the medium of fire, because expand sooner and more than water. It boils disturb and confuse the ratios of simple ex up with great bubbles without froth, and even with they their separations and mix the raising of its whole body, but the vapour, pansion and coition by I leave them, therefore, for the proper whilst it is collected, will on the application of tures. of the separation and mixture of matter. fire produce fire, at a good distance from the history
to
consider that compounded liquors are not proper to the history of the expansion and union
I
mouth of
flbtoy compact) as oil, but thin and scant of a blue co in an experiment with that But being inflamed, lour, and almost transparent. Spirit of wine, put it is borne to the mouth of the glass, where is a elastic cap, (which I described when speaking of I find obtains this sort of expansion. supply of more copious fuel, as it is also with oil. water,) 3 n2 VOL. II.-72
the glass, not so bright (but at least as
570
PHENOMENA OF THK UNIVERSE.

|
that a weight of six pennyweights, consumed and dissolved into vapour, rilled and fully inflated a great bladder which could contain eight pints;
clearly see that air itself is expanded and con tracted from heat and cold in those bodies of wind
which physicians use for attraction. For, these which bladder was greater by sixteen times than warmed over the fire, and then applied imme that which I used in the case of water, which re diately to the body, draw the skin, the air con
tracting itself and gradually recovering itself. And this it does of itself, although the hemp may
to
if
ceived only half a pint. But, in the experiment of the water, there was a consumption of the weight of only two pennyweights, which is only
the third part of six pennyweights. The ratios being thus calculated, the expansion of the va pour of spirit of wine bears a fivefold ratio and
not have been put on and heated, which is used produce a more powerful attraction. Moreover,
a cold sponge be applied outside over the blis the air contracts itself so much the more by
ter,
more, to the expansion of the vapour of water. virtue of the cold, and the attraction becomes that very great expansion did not keep the more determined. I have put a silver saltcellar of the usual bellbody, on the removal of the vessel from the fire, from hastening to recover itself, the bladder forth- tower form, in a bath or goblet filled with wator, with becoming red and remarkably contracted, bearing the air depressed with itself to the bottom And, from this experiment, I began to estimate of the vessel. I then put two or three live coals the expansion of the body of flame on probable, in the little hollow space in which the salt is though not indisputable conjecture. For, since the placed when applied to its ordinary use, and raised
And
vapour of spirit of wine is so inflammable, and approaches so near the nature of fire, I considered that the ratios of spirit of wine, compared with fire, agreed with the ratios of the vapour of water compared with air. For, we may suppose that the ratios of perfect and fixed bodies (as of air and fire) are in harmony with those of the ele ments, or imperfect and moving bodies, (as of vapours.) And it will follow from this, that fire exceeds air by five degrees, in the rarity or ex pansion of matter. For such is the excess of
their respective vapours, as
a flame by blowing. Very soon after, the airrarefied by the heat, and impatient of its former orbit, lifted up the bottom of the saltcellar on one
and ascended in bubbles. Hero describes an altar so constructed as that, if you laid a holo caust upon it and set it on fire, suddenly water would fall to extinguish the fire. This might be accomplished by air being received under the altar in a hollow space closed up, and with no
side,
other
way
of exit,
the
fire,)
but where
(when the it might
air
was extended by
force out the water
the
fire
itself
may
was before said. For, bear the ratio of one and a

I
half to the proper vapour, not the impure, but the highly prepared vapour; as I have laid it down,
also that air can have the
Tru-re prepared for this purpose were lately in this country some Hollanders who had invented a musical instrument, which, on being struck by the rays of the sun, gave out a
in the channel.
vapour certain harmony. This was very probably owing of water highly prepared. And these experiments to the extension of the heated air, which could do not disagree materially with what we may fre- produce the motion of the instrument, since it is
same
ratio to the
quently observe.
For,
if
you blow out a

of the
lighted
certain that air acted

|
upon by the contact of the
wax candle, and mark the dimension

thread which ascends,
smoky very
the lowest part before (in the candle near the fire, it is dispersed,) and place tnd again look at that portion of the fire which first
slightest heat, immediately begets expansion. But, in order to come at a more accurate know
ledge of the expansion of the air let into that elastic bladder, I took an empty glass, (I mean,
filled only with air,) and placed upon the bladder, it, you will not imagine that it exceeds more than double the magnitude of the smoke. the cap of which I before treated. But when tha Tf you mark with accuracy the dimension of gun phial was placed over the fire, the air extended powder, or, for greater certainty, measure it in a itself more quickly and with less heat than water
reaches
little
box, and again take the dimension of
its
flame, after it has been lit, you will readily grant that the flame exceeds the body, as far as it can
or spirit of wine, but with not a very ample ex For it bore this proportion. If the pansion. bladder held less by six ounces than the phial
itself,
be told at first sight, a thousand degrees. And, from what has been before laid down, there should he a considerable proportion of fire according to
the nitre.
in
the air completely filled and inflated it;
it
did not ascend easily on greater expansion; and no visible body proceeded out of it, after making
I
my
But this I will explain more perfectly observations upon this history. very
little
hole in the top of the bladder, until
it
was
We
inflated.
A. T. R.
DESCRIPTION
INTELLECTUAL GLOBE.
arbitrarily applied, so as to
form a certain likeness
CHAPTER
I.
of
Division general of Human Learning into Histo the three nature are most discordant, and divide those ry, Poesy, Philosophy, according to so as however Faculties of the Mind, Memory, Imagination, which never exist in separation, still confined to such original parts of the Reason; showing that the same Division holds this is For there is no imagination, not also in Matters Theological; since the Vessel, individuals. a dream, of objects which have not in some namely, Human Intellect, is the same, though the even Mailer contained, and the Mode of its Entrance, shape presented themselves to the senses. Again, f the same sections of objects be joined or be different. divided according to the real evidence of things, that division of human learning and as adopt they actually present themselves in nature, which is correlative to the three faculties of the or at least as they are observed to present them intellect. therefore set down its parts as selves according to the general of
individual, it is the work of imagina tion; which, restrained by no law or necessity of nature or of matter, can unite things which in
some
WE
We
apprehfsion
ana
all
three, History, Poesy,
Philosophy
history has
mankind,
this is the office of reason;

is
such
reference to
memory, poesy
losophy to reason. By mean nothing else but feigned history.
Whence it clearly appears that from these three History sources there arise the three several streams of his is, properly, the history of individual facts, the tory, poesy, and philosophy, and that there can impressions of which are the earliest and most not be other or more branches than these. For under ancient guests of the human mind, and as it were the name of philosophy we comprehend all the the primitive matter of the sciences. To deal arts and sciences, and whatever in short can, with these individuals and that matter forms the from the presentment of the several objects of mind s habitual employment, and occasionally nature, be by the mind collected and arranged its amusement. For all science is the labour into general notions. Nor do we think that there and handicraft of the mind ; poetry can only be is occasion, in consideration of the extent of the
considered
to imagination, phi poesy in this place, we
adjustment
ascribed to reason.
mind
its recreation. In philosophy the is enslaved to things, in poesy it is let loose from the bondage of things, and breaks forth And any one inimitably, and creates at will.
any other division of learning than For though stated above. the responses of a divine oracle and of the senses no doubt, both in the matter and the are different, may easily comprehend that this is so, who shall mode by which it finds access to the mind yet seek the source of things intellectual even on the the spirit of man which receives both is one and simplest principles, and with the most crass the same, just as different liquors passing through apprehension. For the images of things indivi differents apertures are received into one and the dual are admitted into the sense and fixed in the same vessel. Wherefore we assert that history
subject, for that which
we have
memory.
They pass into the memory, as it were, itself either consists of sacred history, or of divine whole, in the same manner as they present them precepts and doctrines, which are, so to speak, These the mind recals and retraces ; and, an everyday philosophy. And that part which selves. which is its proper business, puts together and seems to fall without this division, prophecy, is
decomposes their parts. Now, individuals seve rally have something in common one with another, and again something diverse and complex. Com position and division takes place either at the will of the mind itself, or agreeably to what is found in nature. If it is done at the mere voli tion of the mind, and such parts of things are
j
with the prerogative of deity stamped upon it of making all times one duration, so that the narrative may antici
itself a species of history,
pate the
fact;
thus also the
mode
of
promul
gating vaticination by vision, or the heavenly doctrines by parables, partakes of the natute of poetry
572
DESCRIPTION OF THE INTELLECTUAL GLOBE.

new
CHAPTER
Jl
face of things, or second universe.
Where
II.
fore natural history of either the liberty of nature or its errors into bonds. Now, if it be
unpleasing
partition if History into Natural and Civil, Ec clesiastical, Literary, and Particular, included in Civil History. Jl division of Natural Histo
to any one that the arts should be called the bonds of nature, since they are rather to be con sidered its deliverers and champions, since they
ry into
rations,
the History of Generations, Pr set er- gene and Jlrts ; according to the three states
make
object,
nature, in
some
instances, mistress of her
of Nature, namely^ Nature in and constrained.
course, varying,
obstacles into her order. \Y t by reducing regard little such delicacies and elegancies of
language.
nature,
We
only
mean
to
signify this, that
by means of arts, is placed by compulsion HISTORY is either natural or civil. In natural under a necessity of doing that which without history we recount the events and doings of arts would not have been done, whether that be nature in civil, of men. Things divine no denominated force and bonds, or assistance, and doubt have a conspicuous share in both, but consummating skill. We shall therefore divide
;
chiefly in human, so as to constitute a branch of their own in history, which we are accustomed to call sacred or ecclesiastical. shall therefore
We
natural history into the history of generations, the history of preter-generations, and the history of arts, which we are accustomed to call mechani
cal
assign that branch to the province of civil histo ry: and we shall first speak of natural history.
There
is
extant no natural
history
of
individual.
Not
that
we would
lay
down
things the
and experimental history. And we willingly place the history of arts among the species of natural history, because there has obtained a now
inveterate
mode
ought to be engrossed with describing individuals, which are limited in time and place. For in that view it is proper there should be none; since, however, there is a general resemblance of natural objects, so that if you one you know all, it were super fluous arm interminable to speak of individuals.
false position that history
kftt>w
were something
things
ferent;
artificial
of speaking and notion, as if art different from nature, so that ought to be discriminated from
if
things natural, as
wholly and generically dif most writers of natural history think they have accomplished their task if they have achieved a history of ani
whence
arises this evil, that
mals, plants, or minerals, omitting the experi
Thus, if in any case that indistinguishable general resemblance be wanting, natural history admits individuals those, that is, of which there is not a number or family. For a history of the sun, the moon, the earth, and the like, which are unique in their species, is most properly written, and no less of those which conspicuously vary from their species and are monstrous; since the de scription and the knowledge of the species neither
sufficiently nor competently supplies the want of Wherefore natural history does not exclude these two classes of individuals, but is in by far the largest part of it, as we have already stated,
it.
ments of mechanics, which are of by fur the greatest consequence to philosophy; and there has insinuated itself into mens minds a still
subtler error, namely, this, that art is conceived to be a sort of addition to nature, the proper effect of which is to perfect what nature has begun, or to correct her where she has deviated ; but by no means to work radical changes in her, and shake tier at the roots, which has been a source of great
despondency in the attempts of men. Whereas, on the contrary, that ought to be sunk deep that things artificial do not differ from natural in form
or essence but in efficients only; that in reality man has no power over nature, except that of
employed about species.
a par tition of natural history, derived from the ten dency and condition of nature herself, which is
But we attempt
men and art can do all; when not granted, no wonted course, that is, thing. Again, provided that due admission and developing when nature depends upon itself, in no way removal takes place in order to some effect, it obstructed and subdued, as in the heavens, ani matters not whether it be done by man or by art, mals, plants, and all the natural productions; or, or by nature without man. Nor is the one more
itself in
its
found placed in three several states, and subject it were, to three modes of For government. nature is either free, spontaneously diffusing and
as
motion, namely, to apply or to remove natural bodies; but nature performs all the rest within lerself. Wherefore, when there is granted a
proper application or removal of natural bodies,
again,
it is
evidently torn
down and
precipitated
proper state by the pravity and erratic tendency of obdurate and resisting matter, or by
from
its
vi.ilt-nre of obstacles, as is the case in the care of monsters and unnatural productions; or, final ly, it is coerced by the art and industry of man,
than the other; so, if any one by sprinkling water create the apparition of a rainbow upon a wall, he does not find nature less obedient than A-hen the same takes place in the air on humid loiuls. Again, when gold is found pure io
>otent
reins,
where nature has performed exactly the

office to
fashioned, altered, and as

in things artificial.
seeiij.s
it
were made anew, as same

there is
herself, as if pure gold
was ex-
For
in things artificial nature
as
it
were,
new made, and
by means of the smelting pot and ministry seen a of man. Sometimes, too, a ministry of this kind
tracted
!
DESCRIPTION OF
!R,
Till:
Ivm.l.KCTUAL
either the irreat
i
573
the ancients, or the
<rr<
tomes of the mod-rns, startle the mental vision any one ami let him not think that our complaint tlif ni Miiim tin\\eare well aware that there is is the h -ss just, iiiilustry of the bee. (Inn extant a natural history, voluminous in its bulk, fiurjar whinh is produced by that of man; and in in. inn, ., which is a similar composition, nature is entertaining from its variety, often interesting, But if one shall content with her own chymistry. Since, then, elaborate even to scrupulosity. nature is one and the same thing, and its power extract from it accounts derived from fable and tho quotations and testimonies of ill-perv,nlinir ;ind never at \\ ar with itself, these antiquity, hree tliiii js ouirht to he understood as equally authors, the empty questions and controversies, subordinate only to nature; the course of nature, and, finally, that part of it which is inerutricity of nature, and art or man added and rhetorical ornament, (which is better adapted to the universe, and therefore it is to disquisition and the talk of literary nights than fitting that all ~e things should be interwoven in one conti- to establish u philosophy,) this great appearance of of narrations, which Cains Pliny in substance sifbsides to nothing. Thus there seems rta a "Teat m. unit r attempted, who emliraeed natural to have been desiderated and collected by some history with a comprehensiveness of plan suitable men, in this instance, rather a Thesaurus for the to its dignity, but having embraced it, treated it allusions of eloquence, than a solid and authentic t thrs, then, be the first divi rnost meagerly. narrative of facts. Besides, it seems to no great sion of natural history. to recount or know the wonderful varietii s purpose
other
n<>t
by the laws of the universe, committed to I.---; animals. For honey is tin ,111 artificial production, which is produced through
nt"
names of
at
<!
!<<
of flowers of the
iris
or the tulip, of shells, or
CHAPTER
A
and End, showing
,\tittiral
III.
its
Partition of Natural History according to

that
by far
the wiblest
End of
first
For these are nothing but the sport or wantonness of nature, and approach the nature of individuals. By which nearly Use means men acquire exquisite minuteness of know
dogs, or hawks.
ledge in the objects, but meager and even useless information as respects the purposes, of science. Yet, these are the things of which thetommon
natural history
History
to
is its
Ministration in the
Instance
History
I .nd, is
found Philosophy ; History modelled in Order wanted,
and
that such a
to
such
makes such an
ostentatious dis
BUT
it is
Natural History, threefold in its subject, have stated,) is twofold in its use. For
for the
natural history has, on the one hand, degenerated into foreign, and, on the other, indulged in superfluous inquiries, yet as
play.
Now, though
suredly great and valuable parts of it have either been entirely passed over, or carelessly and lightly handled. And in the whole scope of its investi the history, or as the primitive matter of philoso Hut, if the noblest end of natural history gations and its accumulations, it is not by any phy. is this, that it is, so to speak, the stuff and Hyle of means found adapted and qualified to attain the a just and legitimate induction, and draws enough end of which we speak, namely, to found philoso This will appear best in its particular frc:n the sense to instruct the intellect. For that phy. other sort of history, which either delights by the branches, and by a comparison of that history, charm of the narration, or pleases by its sub whose descriptions we shall presently submit to serviency to immediate experiments, and which the eyes of man, with that which now obtains. is in request either in respect of such pleasure or such profit, is of a cast inferior, and in its nature CHAPTER IV. meaner, in comparison with that of which it is
employed either knowledge of those
purpose of furnishing
are recorded by
facts
which
the nature and the quality to serve as an appro
For that priate-preparation to found philosophy. is the true natural history which is established as an immovable and eternal foundation for true and
practical
all
philosophy;
which
affords
the
first
The Treatise begins by stating n-hat the History wanted might to be namely, a Satural History, To unfold this as a Foundation for Philosophy. more clearly, there is first exhibited a Scheme of
;
jenial kindling to the pure lijht of nature, wherein phantasms vanish; and of which the genius,
the History if Generations.
Of
this the
Parts
are
I!
set
down
n.
as Jive
The first,
mcond,
;
neglected ami unapprased by fit otVerintrs, has, in an evil hour, sent among us those legions of spectres and worlds of shadows, which we see
lioveri nir
Hoilic*;
the
the History of the of Mifcors; the
third, if
Earth and SKI
thi
fourth, of the greater
over
almiir with irreat
works.
the expanse of the philosophies, and lamentable dearth of useful we assert and explicitly tetity. Now.
all
,f Elements ,.r the fifth, nf tlf sinnllir Collegi* or So, cits.

Colleges of Things, that
I
is,
The
till
History (f primitive
irtiu.i
is
restrrtd,
<_
the
that a natural hist
such as
>ry,
it
otiirht to
be in
the first Division, namely, exposition of tiont, Prttir-z-nt nil ions, and Jrts, is
compleitd
to leae
order to this end.
be placed
among
not jiosês^.d, but ought to And let not histories wanting.

is
As we
think
it
concerns our honour not
to others the execution of the history
which w
574
desire, but to
DESCRIPTION OF THE INTELLECTUAL GLOHK.

impose
it
as a task
upon ourselves,
CHAPTER
Resumes
kind,
the
V.
since in proportion as the subject may seem open to the labour of all, in the same proportion, there is greater risk of their deviating from the design,
consideration of the History if the ll in-mly Bodies, showing what it ought to be in
and
we have therefore distinguished it as forming the third part of our history ; yet faithfully ob serve our purpose of explaining and exhibiting what hath been neglected, and place some part of
science in security, should we be cut off by any of the accidents of humanity ; we have thought
in this place, our sentiit good to ments and counsels respecting this subject.
and that the legitimate ordering of the J/ixtory ought to turn upon three kinds tf J recepts,
namely, concerning the
End
of such
it.
Hi
tory, the Matter,
and Mode of conducting
\\r.
would have the history of the
celestial
add now and
We
bodies simple, not vitiated by arbitrary dogmas, but, as it were, suspended out of the reach of the forcible grappling and presumption of theories,
of the history of generations, or nature These are the history at large, five divisions. of the ether, the history of the meteors and of the
set
down
only embracing phenomena raw and detached, which had grown up, so to speak, blended with such dogmas; finally, such a history as may set
forth narratives of facts exactly in the same man ner as if nothing had been fixed by the arts of
regions of the air, as they are called ; for the lower track circumambient to the earth s surface, and to the bodies which are placed in it, we refer to the
Thirdly, there follows the history of meteors. history of the earth and sea, which conjointly
compose one globe.

those places.
And
other
so far nature
is
divided
according to place, and the things occupying
The
two
parts discriminate
For substances, or rather masses of substances. homogeneous substances are usually collected in
larger or smaller masses,
which we have been name larger and smaller colleges of astronomy, by exhausting all the experiments, and they have the same relation as in and adding the observations of the moderns. things, human polity a tribe and family. Therefore, we And if it should appear to any one surprising, ele that we should throw back again what had been place the fourth in order, the history of the ments or larger colleges ; fifthly and lastly, the secured, enlarged, and rectified, to its primitive history of species or smaller colleges. We mean barbarism, and the simplicity of its crude obser elements to be taken in this sense, not that they vations, we answer thus ; with none of the osten should be understood as the principles of things, tation of the earlier inventors, we attempt a far but as larger masses of connatural substances. nobler work, for we think not of calculations and
astronomy and astrology, but only as if experi ments and observations had been diligently col In which lected and perspicuously described. kind of history we find nothing hitherto done to Caius Pliny attempted accord with our wish. only something of the kind in a cursory and inexact style; but a valuable history might be extracted and dug from the mine of Ptolemy and Copernicus, and the more informed teachers of
wont
to
That
larger size happens by reason of the manage able, simple, obvious, and perfected texture of the matter; whereas, species are furnished by nature
such, we mean, predictions, but of philosophy as shall instruct the human mind, not only with respect to the motion of the higher bodies and its
tin ir periods, but concerning their substance, various qualities, their power and influence, ac cording to methods natural and admitting of no
sparingly, because of the dissimilarity, and, in most instances, the organic structure of the tex of the history of those properties ture. which may be regarded as the cardinal and catholic
Now
virtues of nature, density, rarity,
levity, gravity, heat, cold, consistency, fluidity, similarity, dis
uncertainty, free from the superstition and child ishness of tradition; and, again, as respects tin ir motion itself, to discover and unfold not what is
similarity, specific, organic, and the like, along reconcilable to known phenomena, but what is with the motions contributing to them, as of anti found on penetrating deep into nature, and is true And any one may easily type, connexion, coition, expansion, and the rest in act and in reality. of such properties and motions, (the history of observe both that those who have supposed that which we would have collected and complete the earth revolves on its axis, and those, on the before we come to the point, where the intellect other hand, who have held it to be the centre of is to work upon them,) and of the mode of pre motion, the ancient formation, depend on a nearly
paring that history; we shall discourse aftei finishing the explanation of the three divisions
For we generation, praeter-generation, and arts. have not comprehended that among the three divi
it is not properly a history, but some thing between history and philosophy, a sort of middle term. At present we shall speak and give our counsels respecting the history of the heavenly bodies, and then of the others.
balanced and doubtful advocacy of phenomena. Moreover, the advocate in our day of the new formation, who makes the sun the centre of the second motion, as the earth of the first, while the
planets, in their respective orbits, seem to join in a dance round the sun, which some of the ancients suspected in the case of Mercury and Venus,
j
sions, since
had he pursued his thoughts to their result, seems to have had it in his power certainly to hring the
DESCRIPTION OF
question
iiMti.ms,
to a fair settlement.
Till: INTKI.l.i:rTl
\l.
<;LOBK.
575
N ..r.
indeed, have
f>r-
we any doubt that other hypotheses of such may ho invented by ingenious ami acut-- endeavour something noble and worthy of man thinkers. Nor are those who promulgate such kind. And such men are so much the mure theories much delighted, because what they pro deserv ing of praise, both in their attempt and their
pose is true, but only because it is a convenient hypothesis for forming calculations and astrono mic, il tables. But our method has a widely dif ferent object. For we seek not accommodations, which may be various, but truth, which is one.
Ti. att lin this, a
intercourse with the heavenly bodies. And this undertaking we regard as both in its end and
basis of belief, because they have honestly and

distinctly planted before them the facts minalion as they severally present themselves.
:
It
remains only that they have perseverance united with great severity of judgment, that they change
genuine history of phenomena their instruments, that they increase the aim/iint of evidence, that they subject to experiments each ; one tainted with theory would olistruct it. \or shall we here omit, that we, as phenomenon, and frequently, and in a variety of the result of such a history of the heavenly bodies, ways finally, that they both place before them made and accumulated according to our rules, selves and lay open to others, whatever may be,
would open a way
indulge not only the hope of a discovery of the truth with reference to the heavenly bodies, but
still
objected in favour of the contrary conclusion, and that they do not disdain to notice even the most
more of such discovery
in the observation of
the affections and appetencies of matter in either
world. For that supposed discrepancy between the celestial and sublunary bodies appear to us a
minute incongruity, lest that should happen to them which happened to Democritus and his old woman about the figs of exquisite flavour, namely,
wiser than the philosopher; and ridiculous mistake should lie at the bottom of a high and soaring theory. Having premised these remarks on the general
to find the old wife
lest
once drivelling and presumptuous, since it is most indubitable that a variety of such as expansion, contraction, impres effects,
figment
at
and
some
silly
assimilation, union, and the subject, let us proceed to a more detailed state have their seat not merely among us, but in ment of our astronomical history, in order that we the highest part of heaven, and in the entrails of may show both what, and what kind of facts, the earth. Other and more faithful interpreters ought to be inquired into in fegard to the heavenly than these there are none whom we can call in bodies. First, then, we shall propose the ques
sion, retrocession,
like,
and consult,
to assist
human
intellect in penetrat
tions of natural philosophy, or, at least,
some of
ing the depths of the earth, which are invisible, them, and those of greatest moment to the use of and the height of heaven, which is generally seen man. Next after these we shall mention those under optical illusion. Wherefore the ancients uses to mankind which may probably be derived excellently devised of Proteus that he was of From the contemplation of the heavenly bodies: many shapes, and also noted as the prince of all both of these as showing the design of the his
diviners,
knowing
For he mysteries of the present. catholic appetencies of matter, and
the past, the future, and the who knows the
tory : that those whose task it shall be to compile a history of the heavenly bodies may know what
knows by them they
do, and
may have
these questions, along
what what
is
possible, cannot be ignorant what is, and will be, found true of things taken within
them. Wherefore we repose great hope aoid con fidence in the methods of physics for advancing the science of astronomy, meaning by
physical
inquiries, not those which are commonly thought so, but only the doctrine regarding those tenden
works and practical effects to arise from them, in their minds eye and contemplation. Whence they may build up and prepare a history
rith the
uch as shall be adapted
for the decision
of ques
tions of this sort, and for furnishing such fruits
state in what the history of the heavenly bodies wish any labour to be spared, which could be consists; what are its parts; what things are to in statements and observations of the be learned or examined what experiments are to employed heavenly bodies. For, in proportion as there is a be set on foot and performed what observations
;
which no diversity of regions or Nor position can detach or dissever from xvould we, therefore, (to return to our theme,)
cies of matter
and advantages to mankind. mean questions of that kind which are applicable to the doings of For that is the proper nature, not their causes. shall then perspicuously province of history.
We
We
richer fund of appearances of this sort, in the same proportion will the whole subject be more easily
mastered, and
have more
solidity.
Of
thus proposing, so ; speak, certain inductive topics or articles of examination respecting the heavenly bodies.
are to be used and

to
weighed
say any thing further, we have reason assuredly to congratulate the world, both on the labour of mechanicians, and the diligence and accuracy of certain learned men, that they
which, before
we
Lastly, we shall state something not only con cerning what ouirht properly to be inquired int, but concerning this, hw, when the inquiries are completed, they ought to he meditated, and
exhibited, and reduced to writing; lest the dililnyed in the first part of the inquiry
,
have of
late
means
of optical
attempted so to speak, to establish by instruments, as by means of
trading vessels and passage-boats, to open up an
should be lost in what succeeds;
or,
which
it
f)7fi
DESCRIPTION OF THE IXTKU.IK

lest
Tl U,
<;[.<>i;K.
the advances worse, subsequently made should proceed upon feeble and fallacious foun we shall state both with what Finally, object, and what, and how, inquiry ought to be
dations.
not that the portion of matter which has assigned to the structure of this our world, lying, as it does, under our own observation, should
bf>f>n
made
respecting the heavenly bodies.
possess a spherical tiinirr. of those worlds must have

tion.
For, m-rrssarily,
.-ac-li
takm
me
(,nri<rura-
For allowing that in
infinity thi-rr
can
lie
CHAPTER
VI.
no central point, yet

there
may
in the parts of that infinity exist a spherical figure, no less in a
world, than in a mortar. Democritus, however, That Philosophical Questions about the Heavenly excelled only as an analyzer of the world in Bodies, even though they go beyond the common dealing with its ajnrregates and totality, he was Ideas, and be somewhat difficult, ought to 2 can inferior even to ordinary philosophers. Th- opi vassed. And there, are proposed five Questions nion of which we are now to speak, which n-ai ly about the System itself.- whether it be a System ? and exploded the notion of a system, and, supposing it to be so, what is its Centre, what destroyed was that of Heraclides of Pontus, Ecphantus and is its Depth, what is its Connection, and what its Nicetas of Syracuse, and particularly of Philulaus, Distribution of Parts ? also in our age of Gilbertus, and all (except AND now, doubtless, we shall be considered by Galileo) who have held that the earth is a planet, some as disinterring the ashes of old questions, moves, and is, as it were, one of the stars. And long, as it were, consigned to the dust of the this idea has solidity thus far, that the planets grave; nay, as evoking their very ghosts, and and single stars, and the countless number which urging them with fresh interrogatories of our own. from their distance baffle our vision, and others But since the philosophy, hitherto in vogue, re also unseen by us, from their being not of a lu specting the heavenly bodies, has no solidity; minous but opaque nature, each in its respective and since this has been always laid down by us orbit and primary tour through that illimitable as a sacred and invariable rule, that all must abide expanse which we behold, whether of vacant the new award of a, legitimate induction; and space or of some subtler and almost indiscernible since, if perchance some questions are left behind substance, are dispersed and lie about like islands us untouched, so much the less industry and pains in a vast ocean, and revolve not upon a common will be exerted in collecting the facts upon them, centre, but each upon that of its respective orbit, in consequence of its appearing superfluous to some absolutely, others with some progressive There is one very inquire into points on which no question has ever motion of their own centre. been moved we hold it necessary to take in hand great difficulty in their opinion, namely, that they
:
j
or an immovable point of seems that, as there are in na ture revolving bodies which are borne along in questions by the method we pursue, so much the interminable and ceaseless motion, so, on the more confidently do we entertain them. For we contrary, there ought to be some body which is see how all must end. quiescent between which we place the interme The first question, then, is, whether there be a diate nature of those which are carried in a system, that is, whether the world, or universal straight-lined path, since motion in a straight frame of things, be a spherical whole, possessing line is suitable to fragments of spheres, and things a centre ? or, rather, whether the single globes of exiled, so to speak, from their natural seats, the earth and stars are placed in dispersion, and which move towards orbs homogeneous with
all
questions which the universe may anywhere offer to our consideration. Besides, in proportion as we are less assured of our ability to determine
altogether banish nature. Now, it
rest,
each attached, as it were, by its own root, without a common middle point or centre? The school of Democritus and Epicurus, it is true, made a boast that their authors had broken down the walls of the world." Yet that, certainly, is not a consequence of the tenets maintained by them. For Democritus having laid down his notion of matter, orseminal atoms, infinite in number,limited in their properties and powers, atoms in agitation, and from eternity unfixed in any possible struc
"
themselves, in order that, united with these, they may either be rotatory or quiescent. But of this
question, whether there be a system, a conclusion will be obtained by means of those which relate
to
and determine the motion of the earth, whether
the earth revolve or be at rest, and to the matter of the stars, whether it be solid or igneous ? For, if the earth stands still, and the heavens perform
a diurnal revolution, undoubtedly it is a system ; but if the earth be rotatory, it is, nevertheless, not
absolutely proved that it is not a system, because we may still fix another centre of the system, such as the sun, or something else. Asrain. if
is
ture or position,
was not
led, in virtue of that
opinion, to maintain the existence of a number of worlds, distinguished by variety of form, subject
to birtn
and dissolution, some better constructed, the orb of the earth alone
loosely coherent, also
crass and solid,
it
of embryo worlds, and agglomerations formed between world ano world. But, were all this assumed, it hinders
Borne
more
seems as
if
the matter of the universe
was agglo
merated and condensed into that centre: but if the moon and other planets are found to be also
DESCRIPTION or TIN: INTKI.I.KCTUAL

composed of crass and
deu>e
c;i
577
its
solid matter,
it
scorns that
t)iit
a system with the sun for
centre.
And
the
ho, lies
do not unite
in -any centre,
lie
dUpersedly, and, so to speak, at random.

if
Finally,
in
cti iC
rvittum, then
nniiid
the interstellar spaces we place a tin- sevi ral orbs shunl

:
vacuum
iiav-f
tlicin,
first,
the envelope
<>i
ages and of antiquity has rather anticipated and sanctioned that idea than not. Foi the supposition of the earth s motion is not new, hut, as we have already said. erhed from the ancients ; but that of the sun being the centre of
eminent
i
later
subtle etliuvia, ami then the

:ni
vacuum.
Hut
if
these
a plenum, there should seem to be a union of the denser in the centre, ami an expul
sion of the rarer suhstances, to the circumference. Now, it contributes materially to science to know
the world, and immovably fixed, is entirely new, we except the supposed mention of it in an ill
(if
translated verse,) and
was
first
promulgated by
Copernicus.
the connexions of questions with one another, because under some of them there is found history
or
A third question follows with respect to the depth of the system, not that any exact measure of it can be taken, but that it may be set down for
certain
:
inductive
matter to
furnish
their
solution,
whether the starry heaven

as
it
is,
so to speak,
orb,
fixed,
under others none.

Uut, granting a system, next comes our second question, What is the centre of the system 1 For,
if to
one
or
rcirion, or,
is
commonly expressed,
whether the
stars
which are denominated
any of the orhs ought
the earth and the sun.
place, there appear first sent the character of a middle point or centre In favour of the earth
be assigned the central to be two orbs which pre

to
are higher than the others, in a sort of abysmal For it cannot be that they are of equal profoynd ]
for the stars Height, if we understand this strictly ; are undoubtedly not arranged as in a plane, havinor a certain measurable size on a superficies, like
there are our senses, an immemorial opinion, and most of all this circumstance, that as dense bo dies contract into a narrow, nnd rare are diffuse,-! over a wide space, and the area of every circle
its centre, it seems to follow of necessity that the contracted part should be placed at the centre of the world, as the appropriate, and,
contracts towards
it were, the only place for dense bodies. For the sun again this reason makes, that to a body whose functions in the system are greatest and
as
embedded gems, but are entire globes, and lying deep in the profound. Where fore, when th. y are found of such disproportionate magnitude, it is by all means requisite that some of them should come out more than others, either upwards or downwards ; nor can it be that, either in the upper or lower part of them, they are joined Were this true of cer in one continuous layer. tain portions of the stars, it would be rash to assert
spots or
large,
it of them in the aggregate, that the stars are not most potent, that place ought to be assigned from higher placed the one than the other; but even which it can best act upon, and diffuse its influ though this were true, still we can affirm a defined
ence over the entire system. To this we may add that the sun evidently has as his satellites Venus and Mercury, and, in the opinion of Tycho,
also the rest of the planets ; so that the sun plainly appears to possess the nature, and to perform, in some instances, the office of a centre. Therefore
and very perceptible depth or thickness of that region which is called the sphere or starry heaven, containing such projecting points and varieties of altitude ; for we see, from the apogees and perigees
of the planets, that there belongs to their several heavens a certain distinguishable depth through
tion only stars one
we
are brought so much nearer the determination that it is the centre of the universe, which was the
which they mount and descend. But that ques regards this point, whether theie are
above another, as planet above planet,
were, in different orbits
1
assertion of Copernicus. But in the system of Copernicus there are many and great difficulties: first, there is something revolting to belief, in en
and, as
it
And
that
again
is in like
manner collateral
to the other
ques
cumbering the earth with three motions, in de tion, regarding the motion or condition of the For if the stars revolve with a diuinal taching the sun from the group of planets with earth. which it has so many common properties, in intro motion about the earth, since they are all carried so much immobility into the system of with the like celerity, and, as it were, with the one ducing nature, (particularly by making the stars and sun impulse; and since it is plainly apparent that immovable, the bodies most luminous and spar each of the planets, as it varies in height or lowkling of any,) in wishing to fasten, as it were, the moon to the epicycle of the earth, and in some other assumptions which he makes; savouring of
thinks nothing of in venting any figment at the expense of nature, the bowls of haphazard roll well. But provided if we are to ascribe motion to the earth, it seems
the character of a
ness of position, so
it
;
slowness of motion
equal
it
also varies in rapidity or is probable that stars,
man who
in the swiftness of their revolution, are placed in one region of ether, of which, although the thickness or depth may he supposed consider able, still it is not so great as to create a differ
more consistent to banish the idea of a system, and of various globes conceived to be distributed
according to the idea of those whom we have already mentioned, than to establish such VOL. II. 73
over
-.pac<>,
ence in their ineitation or celerity, but only such, that through the whole of each region respectively,
all the
bodies revolve simultaneously, as if fastened with the chain of one common essence, or, at least, with such discrepancy as, by reason of the dis
3C
578

ble that the
more conpact, towards their surface more lax, in which is far more their circumambient substances and effluvia grow (as Copernicus thought,) or, probable, and was suggested by Gilbertus, they less substantial still, and finally terminate in a may revolve each in its place round its own cen vacuum. On the other hand, if the essence of tre, without any motion of that centre, (as the the stars is subtle and igneous, it will be manifest earth does, if you divide its diurnal motion from that the nature of rare is not merely privative, those two supposed motions which Copernicus but of itself a powerful and primary element, not For whichever of these is less than the nature of solid, and that it exists in lias superadded to it.) the fact, it hinders not that there may be stars force or prevails in the stars, in ether, and in the ranged one above another, till they escape our atmosphere, so that there is need of the hypo thesis of a vacuum coacervatum. That question, vision.
Now, if tance, is not broughtwithin our vision. the earth moves, the stars may either stand still,
globes are, towards their centres
The
fourth question relates to the cohesion of
the system, or to the substance connecting it. As to the nature and essential properties of that body
or thing which is thought to be pure ether, and is interfused between the stars, we shall presently
about a vacuum in the interstellar fields, will depend upon another connected with the great whether we must admit a principles of nature
too,
:
without modifying one thing to deny a shall now speak only of the principle vacuum absolutely, and another to deny a vacuum inquire. of cohesion in the system. There are three modes coacervatum. For, much more solid reasons may of viewing this. For we must either grant a va be alleged for a vacuum intcriitistum being inter cuum, or a substance whose parts are in contact, posed to keep bodies in a certain degree of laxity,
at all
1
vacuum
it
And
:
this not
it is
We
by a distinction
for
And, not only was that large vacant spaces.) which ingenious man, and great mechanician. Hero, Gilbertus ably maintained, and which several of sensible of this, but also Democritus and Leuthe ancients appear to countenance, who supposed cippus, the inventors of the theory of a vacuum, that the various orbs were scattered about without which Aristotle attempts to attack and overthrow any regular system, especially those who declared by certain logical subtleties. These two most the bodies of the stars to be compact masses. acute and famous philosophers admit a vacuum Such an opinion amounts to this, that all the intermistum in such a manner as to exclude a For, according to the opi globes, as well the stars as the earth, consist of vacuum coacervatum. That they are enveloped, nion of Democritus, every vacuum is so limited solid and dense matter. next their surface, with a certain description of and circumscribed as not to admit of the separa tion or disruption of bodies beyond certain limits, bodies, which are so far homogeneous to their re spective globes, but nevertheless more thin, feeble, no more than it does of their contraction and con and attenuated, and which are nothing but effluvia solidation. Though, in what has been preserved or emanations from the globes themselves, such of the writings of Democritus, this is nowhere as are vapours and exhalations, and air itself, if propounded explicitly, yet he seems to say this, compared with earth. That these effluvia reach that bodies, as well as spaces, are infinite, that, if there were in fact infinite to a distance not considerable round each several otherwise, (that is, globe, and that the rest of the interval between space and finite bodies,) bodies would never the globes, which is incomparably the largest part, cohere: therefore, on account of coinfinity of Which opinion we may be prepared to matter and space, a vacuum is necessarily com is a void. adopt by the fact, that the bodies of the stars are pressed into certain limits ; which seems to have visible from such a prodigious distance. For, were seen his opinion, truly and accurately understood ; n other words, that certain limits must be set to the whole of that space full, especially of bodies extremely unequal in their degrees of density and the development or expansion of bodies through so great would be the refraction of their the permeating vacuum ; not granting a vacuum rarity,
Our first inquiry is, whe or, lastly, in continuity. ther there is an extent of absolute vacuity or a
in the interstellar space,
than for maintaining a vacuum coacervatum, (or
vacuum coacervatum
rays, that they could

vision, which, if
this
by
far the
not be propagated to our greatest portion of

it
But, apart, or space unreplenished with body. f there cannot be admitted in the system, a
space were unoccupied,
is
consistent to
this
vacuum
fet,
of the nature of a solution of continuity,
ques tion seems to depend, in a great measure, on the question which we shall immediately bring for ward respecting the substance of the stars, whether it be dense, or subtle, or expanded ? substance be solid, it should cer 1 or, if their tainly seem as if nature were only occupied and in action about these globes, and their boundaries, t,nd had neglected, and, as it were, left fallow the
interposed spaces.
believe they might be.
And, indeed,
seeing there is found in the parts or portions of the system so extreme a diversity of bodies
tries,
hat they seem to be of different races and coun there arises a second question which relates
to the connection of the
system
it is
this,
whether
pure ether be one entire or unbroken stream, or whether it consists of a variety of contiguous
parts!
subtilize about
it is no part of our character to words but, by a contiguous body, we understand one which lies upon, without being
Now,
\Vherefore,
it is
not improba
DI:M KI1TION OF TIIK INTKI.LKCTt AL

amalgamated with, another body. Nor, again, do we mean sonic [pMMtnMi or lianl superstra
in the
<;LOHE.
579
tum, such as the astronomers in general mean, but one such as fluids exhibit, in tin instance of Meantime, that must not be forgotten which wu water floating on the top of quicksilver; oil, of mentioned a little before, that nature is accustomed the u ;itcr air, of the oil. For, no one can doubt to alternate fine gradations and distinct transits in
;
highest In -aven it is dispersed into numberm* ess globes, so that in its highest region il to migrate, as it were, into the pure empyreum.
s>
<
that in the
immense expanse of
ether there are
icr
processes, so that the confines of the
first
com
immense
equally he the fact. For, it is sufficiently certain, that not even in the sea itself, the water at the top and at
is,
;i
For, in the upper air, after the air lias begun to be purified from the effluvia of the earth, and refined by the vicinity of the heavenly bodies, flame searches out its way and struggles into the bottom is of the same consistency and taste form; as we see in the lower kind of comets, in the air, there is extreme difference between which are pf an intermediate nature between the and, the air contiguous to the earth, and the upper air, steady and evanescent sidereal nature. Ami, and yet it is one entire and unbroken liquid body. again, the part of heaven near the sun appears
many
differences in rarity and density, and in other properties: but granting either, that
or
municate with the second, and of the second with

the third.
plenum
vacuum,
this
may
i>,
The
question is therefore brought to this point whether the differences in the tract of pure air, as it were, insinuate themselves in a continuous
:
grow
stellescent, and to pass into a starry essence. For those maculae which are discoverable, by a
"aithful
stream of imperceptible gradations, or are dis tributed and arranged into defined and conspicuous limits, where bodies are joined in their locality, which could not be amalgamated, even as among us air lies on water. For, to one who considers the
matter simply, the whole of that clear and limpid substance in which the globes of the earth and
and careful observation of the sun, are a or rudiments of starry matter; and, n the heaven about Jupiter there are also visible complete and perfect stars, though, from their minuteness, invisible without the help of tele
sort of
germ
And, again, in the upper parts of the starry heaven, from numberless scintilla in the ether between the fixed stars, (for which other
scopes.
sufficiently
sun are suspended and float, and which, being interposed between those globes, by its quantity and the space which it occupies, exceeds the di mension of the globes, so to speak, innumerable is a thing undivided and times, perfectly united within itself. But, to one who looks into nature more correctly, this will plainly appear, that na ture is wont to make her way from one locality to another, now by steps, anon abruptly by leaps, and then reverses the progression. Otherwise, if any one really looks into the case, there could be no structure, no organized figure, did nature
starry essence
unmeaning reasons are given,) the seems to be more diffused and
But, of these points spread out continuously. we shall say more in discussing those questions, which we presently propose to consider, respectng the substance of the stars and the interstellar
ether.
to
For,
what we now say
relates
only
questions
respecting the connection of the
system.
fifth
question remains concerning the dis
tribution of the parts of the system, or the order And granting that there of the heavenly bodies.
is
always proceed by imperceptible degrees. Where fore, this process by gradations may be fitly placed in the intervals between worlds, but not in a world, to the organization of which it is required that things much dissimilar should be severed the one from the other, and yet brought into close conti Thus it is that the air embraces and is in guity. contact with the earth and waters, a body widely different, and yet placed in proximity, not in the
not a system but only scattered globes, or grant ing that there is a system, the centre of which is the sun, or even allowing the astronomers to go in quest of some new system, still there remains \Vhat planet is nearer or equally this inquiry more distant from any other planet? and, in like manner, what planet is at a greater or less distance
:
from the earth, or even from the sun

the
Now,
if
there system of the ancients is admitted, order of, first, earth, then vapour or fog, then pure seems no reason why we should attach great im the four air, but air at once without an intermediate body. portance to any new inquiry concerning And in the air and ether, two substances we higher heavens, namely, those of the fixed stars, usually join with one another, the most con- of Saturn, Jupiter, and Mars. For their position
of all anti upicuous and thorough diversity of all may be and order are testified by the suffrage observed, from their quality being more or less quity, and by the absence of any contradictory There appear, phenomenon; their modes of revolving also, susceptible of a starry nature. therefore, to be three regions most distinctly lying whence is derived our principal evidence of the between the earth and the highest point of heaven ; relative heights of the heavenly bodies, are adapt that is, the region of the air, the region of the ed to this structure, and nowhere interfere with But, as to the sun, Venus, Mercury, and the planetary heaven, and the region of the starry it. Now, in the lowest region the substance moon, even on the principles of the old system, of the stars is not found, it exists in the middle there was some doubt among the ancients; and in the form of conglobation into certain orbs, but among the moderns it is still a question, with
. I
580
F.
Venus and Mercury, which planet is higher than the other] For in favour of the superior height of Venus this reason offers itself, The following that it moves somewhat more slowly; and of the stance
ct to
>pi
CHAPTER
VII.
are Questions relating to the Sub,-
Mercury, that
the sun,
that
it
it is
fixed at a nearer distance from
(f heavenly Bodies viz. What Speriey (f Substance is that of the heavenly Bodies gr.ne
rally,
whence one should

to
ought
l)ut, as to the
naturally maintain be placed next the sun in height. no one ever had any doubt moon,
compared
to
sublunary Bodie s
the .Vi/6.
stance (f the interstellar Ether compared to the Body of a Star.- the Substance of the Stars
place was next the earth, though there difference of opinion with regard to its approaches to the sun. Nor ought one question
that
its
was a
relating to the arrangement of the system to escape a serious inquirer into the subject, which is this, whether the planets alternately pass over and pass below one another ? which seems to be authenticated in the case of Venus by elaborate demonstrations of the fact that it is found some
compared to one another, and compared our Fire, and in its proper Essence; and what Species of Substance in that if the Galaxy, and of the opaque Maculae visible in the Antarctic
themselves
to
Hemisphere ? Then the first Query is set forth, Whether there is a diversity nf Substance between Bodies celestial and sublunary, and in what it
consists ?
times placed below the sun, sometimes above it. And, doubtless, also this is an apt question
:
whether the deflection of the lower planet does not cut the orbit of the higher planet, and enter courses of their motion, that philosophy chiefly
within
its
inquiries respecting the proceed to those which regard the substance, of the heavenly bodies; for it is the substance of the heavenly bodies, and the
HAVING
finished our
system,
we must now
periphery?
last question
seeks to know.
Astronomy investigates
their
motion itself and its properties both astro nomy and philosophy their influence and effect. Care ought to be taken, however, accurately to tem, and several choral bands, so to speak, moving distinguish between astronomy and philosophy: around them ; especially since the earth is affirmed astronomy preferring those hypotheses which are to be the centre of primary motions ; since the most convenient for shortening the method of sun (in the opinion of Tycho) is the centre of calculation; but philosophy those which roost further, that, secondary motion ; and even Jupiter is made, by approximate to the truth of nature on the one hand, the hypotheses of astronomy do Galileo, the centre of the inferior and lately dis and on the other, covered motion of certain satellites. not in any way prejudge truth ; These, then, are the questions which it seems the positions of philosophy be such as are per to propose with to the celestial fectly tenable upon the phenomena of astronomy. fitting respect system namely, whether there is a system, and Whereas, on the contrary, the fact now is, that what is its depth, what its connexion, and what the figments of astronomy have insinuated them is the order of As to the selves into philosophy, and perverted it; and the distributing its parts. outermost parts of heaven, and what has been theories of philosophers about the heavenly bodies termed the empyrean heaven, we enter into no are reconcilable only to themselves, and in a theories or inquiries. Therefore, what can be great measure abandon astronomy, contemplating known of it can be learned only from inference, in general the system of the heavens, but by no not at all by induction. For such inquisition, means accommodating themselves to particular Thus, while either therefore, there will both be a fitting time, and a phenomena and their causes. science, such as we now have them, is a thing specific plan and mode. As respects the heaven of heavens and pure superficial and perfunctory, the foot must be space, we are bound entirely to stand by, and planted more vigorously by far on this foundation submit to, revelation. For, as to what has been that these two sciences, which, by reason of said by the Platonic school, and lately by Patri- the contracted speculations of men, and the prac to exalt themselves to a tice of academic teachers, have been habitually cius, (in order, forsooth, diviner height in philosophy,) and said not with disconnected for so many ages, are one and the out gross and visionary extravagance, the ravings, same thing, and concrete in one body of science. as it were, of a disordered mind; Therefore we propose it as our first question, in siiort, ad vanced with extreme audacity and no result, like Whether or not there is a diversity between the the acones and other dreams of Valentine, these substance of the heavenly bodies and that of this we regard as mere figments. For we are not lower orb ? For the premature and dogmatical tamely to submit to the apotheosis of folly, doctrine of Aristotle has created for us only an It is worse like that of the Emperor Claudius. Binary heaven, formed of a certain fifth than all other evils the very pestilence and essence, without change, and also without heat.
concerning the
real
There remains our
collocation of parts in the system, that is, whether there be several and different centres in the sys
iin>i
<ieath
of intellect
to attach
reverence to
its
chij
meras.
for the present any discussion re specting the four elements which this quinte?-
And, waiving
!><
KllTinN OF
it
THK INTELLECTUAL
<
(;i.oi;i-:.
581
r
kes for granted,

tin-
was
certainly a pi
temerity to anniliilatc all allinily between elementary si,hMane. s. as ilu y IN e.dled, and
,
an t.. infer that its proportion enter deep into the ma^s of the earth; and the
contrary, in prpoit4on as
it
is
less
ext<
-IIM-. e.
tin- In
iv.
nly bodies;
namely, air ami lire, and tin- ether; hut it in. in ahuse his genius, create work for himself, and prefi r the obscure. Not, however, that there is any doubt that the regions situated aliove and beneath the moon, along with the bodies compre hended \\ ithin tlie same limits and space, differ in
ii
elements, agree HO well with the star a- the custom of that great
tin
when two
of
any one should allege that there sometimes happen earthquakes which shake large no doubt it is so. Yet sive tracts of country, But
if
these rarely occur, and are among the number of the greater calamities of the species, and may, therefore, be compared to the higher order of
I
.
many
more
tions
Nor, again, is important particulars. certain than that in the bodies of each region
\ ists many common to
r, comets, which are also of rare occurrence. we do not now discuss whether eternity abso this lutely may be affirmed of the earth, but would
make
it
appear, as
we
stated at the
commence
ment, that with reference to constancy and muta no great difference between heaven broken the unity of nature, we ought rather to and earth. do not consider it worth w hile to discriminate than to pluck them forcibly asunder. contend for the eternity of the earth from the And, as regards one part of the supposed discre modes of its motion. For it were superfluous to pancy, namely, that the celestial bodies are ima argue eternity from the properties of motion, since, gined to be eternal, the sublunary perishable, that if a circular motion is without a limit, so is rest: doctrine seems to be a fallacy either way, as eternity may equally be predicable of the cohe neither that eternity which they fancy is true of rency of compact and large masses of homogene heaven, nor that mutability of earth. Indeed, to ous substance, as of the rotation of rarer bodies; one who justly weighs the matter, a judgment the parts detached from either flying off in right
tion there is
tendencies, affections, and mo both ; so that, preserving un
We
ought by no means
to
be formed from those things
lines.
This also may be assumed in reasoning upon which are visible to us, since none of the objects which meet the human eye are dug or cast up the point, that the internal parts of the earth are from a greater depth than about three miles at not more exposed to decay than heaven itself; most, which is as nothing compared to the dia because something generally perishes of that body meter of the earth. Therefore nothing hinders wherein something can be repaired. Now, when that the interior part of the earth may be endowed showers, and substances which are precipitated with a like eternity to heaven itself. For if the from the air, and which renew the upper surface earth were subject to changes in its womb, it is of the earth, in no way find a passage into the
impossible that the results of those changes should interior parts of the earth, which, nevertheless, not produce greater calamities on the surface of it remain fixed by their own gravity and magnitude, which we tread, than we see taking place. For, it follows of necessity that nothing is subtracted, Fi of those changes which present themselves con since there is nothing added to succeed it. spicuously to us here in the direction of the sur nally, that changeableness which we discover in
face of the earth, there
is
generally
some
visible
and apparent cause acting from above, such as tempers, rains, heat, and the like; so that the earth of itself, and of its own virtue, seems to furnish the cause of almost none of its changes. If it is conceded (which indeed is not improbable) that the earth itself too, and not heavenly bodies only, acts upon the fields of air, either by an
efflux of cold, or
the outmost portion of the earth seems itself to be For that slight crust of the only accidental.
which appears only downwards, (within which

earth,
to dip
a few miles
limits are contained
those admirable laboratories and
workshop* of
plants and minerals,) would by no means afford so great a variety, much less of such beautiful and high-wrought productions, unless that part of
the
eartli
similar modes,
A posed to action, and ceaseless from the bodies above. Now, if any one think that the warmth and action of the sun and heavenly bodies can transverberate the thick there exists a multitude of changes and ness of the wholo earth, such a man may he dony But it must be fully admitted that, justly regarded as a superstitious and phrenetic ties.
by emitting winds, or some other
all
was
that variety is ascribed only to some portions of the earth in immediate contact with the air itself, in which none will
still
vellication,
of the
phenomena of
the earth, earthquake enters

1
the deepest ry far into its bowels; and, which are of the ame class, inishes of water, volc.mot-s.
dreamer, since it is clearly seen with h an impediment they may be refracted ami kept Thus far of the indissolubility of out.
t
and convulsions of the earth and the like, seem to rise tVi.m which, notwithstanding, do a r reat depth, since m of them generally affect
n"t
-_
>st
inquire of the changeahleness ,,f the heavenly bodies. First, then, we are not to use this mode of rea
Let us
now
hut a certain limited portion of the earth s sur face. In proportion as an earthquake affects a
larger space on the earth s surface, in the
soning, namely, that the mutations do not take heaven because they do not come within place
same our own
observation.
For remoteness of dU-
3c2
582
tance, excess or
want of light, and fineness or in their place. For, in the instance of the new star of Hipparchus, of the appearance of which minuteness of substance, equally baffle vision the eye were placed in the orb of the mention is made among the ancients, there is none thus, moon, it could not discern those changes which made of its disappearance ; a new star has lately take place amongst us here on the surface of the become visible in the breast ol Cygnus, which earth, such as inundations, earthquakes, structures, has now continued for twelve entire years, exceed
:
ii"
huge masses, which at so great a distance are not equal to the size of a gnat. Nor should any one from the circumstance of the interstellar air of heaven being transparent, and the stars on a clear night appearing of the
or
ing the duration of a comet, which it has been held by a considerable period, and not yet les sened in disk, or threatening to disappear. Nor,
to be,
again, is it properly and invariably true, that the old stars are not subject to change, but only the
too readily, stars of later epiphany, in which it is not to be body of the ether is diaphanous, wondered if change takes place, since their very For the atmosphere itself production and commencement is not immemorial. firm, and immutable. is subject to endless varieties of heat, cold, scents, For, passing over that fable of the Arcadians with and every sort of amalgamation with subtler va respect to the first appearance of the moon, in lose its pellucid which they boast that they are of greater antiquity pours, yet does not therefore so in like manner we are not to trust to than that planet, there are not wanting in history quality
same number and form, pronounce

that the entire
that feature and aspect of heaven.
For,
if
those
sufficiently authenticated facts on the subject, as
huge masses of clouds which occasionally cover the heavens, and take from our sight the sun and stars, on account of their nearness to our point of vision, were suspended in the upper part of the atmosphere, they would by no means change the
:
without the the sun three several times occurrence of an eclipse, or the intervention of clouds appeared in a clear and serene sky, chang
ed in appearance for many days, and yet notaffected in the same way each time, being once of slender
when
appearance of a serene sky for neither could they light, and twice of a ferruginous colour. For be seen themselves on account of the distance, these phenomena took place in the year 790, during nor cause any obscuration of the stars, on account seventeen days, and in the time of Justinian during of the smallness of their size, compared to the half a year ; and after the death of Julius Cuesar, of the stars. Besides, the body of the during several days. To that obscuration we have
magnitude
light,
except in the part in which it receives does not alter the appearance of the sky, so that were that light annihilated, so large a body would entirely escape our view. But, on the con from those bulky bo trary, it is clearly apparent dies, which by their mass and magnitude over
moon
itself,
still
extant that noted testimony in Virgil

Ille
Cum
etiam extincto miseratus Osare Roraam caput obscnra nitidum ferrugine texit,
Impiaque eternam tinmerunt stecula noctetn.
come
the effect of distance, and on account of their
luminous or sparkling substance forcibly strike and figure, our view, that surprising changes and anomalies Ogyges it changed its colour, size, well have been doubted, had not a similar happen in the heaven. And that is perceived in might observa the higher order of comets, I mean those which fact occurred again, signalized by much assume tk-e appearance of a star without the coma, tion in our own days, in the year 1578. For then, and which are not only proved by the doctrine of too, during a whole year, a memorable change above the moon, but bear took place in the planet Venus, which was seen to be
|
the statement of Varro, a most skilful anti the quary, to be found in Augustine respecting the reign of planet Venus, to this effect, that in
And
placed parallaxes a certain and unchangeable relation of position to the fixed stars, and retain their stations without erratic ; of such our age has seen more than
of unusual size and brilliancy, exceeding in red ness even the planet Mars, and more than once
being
one,
first
ajô in
larity,
their following the
Again, that star among the old Canicula, which Aris was the opinion of Aristotle, who asserted that totle says he himself saw, having some coma, when he there was a like relation of a comet to the motion which he particularly noted, vibrating to be since then of a particular star, and of the galaxy to that of looked at it intently, appears of its hair, since no the stars collectively, both positions being false,) changed and to be divested found on it in our day. that has now been long exploded, not without a trace of that appearance is who in his airy Add to these facts that many alterations of the stigma on the genius of Aristotle, to invent such celestial bodies, particularly of the smaller, from speculations had the presumption Nor in fact does this change in the hea neglecting to make observations, easily escape things new stars, ob notice, and are lost to us. Now, it will readily venly bodies with respect to such to ascribe such appearances to tain only in those stars which appear to be of a occur to a sciolist exhalations and the constitution of thn medium vanishing nature, but also of those which remain
Ophiuchus.
is
in Cassiopaea, and afterwards not long And as to this kind of regu
changed its figure, becoming sometimes triangu so lar, sometimes square, and sometimes circular, that even its very body and substance seemed to
be affected.
stars, placed in the hip of
which
seen in such comets, arising from motion of some star, (which
MX
to affect
IMI TIn.N
OF
;in-
Tlii:
found
INTELLECTUAL GLOBE.
the
raided by the eartli and sea, and
of vision; but these altrraii
>us,
which
;in<l
such
i!>le
A l)nily
continuously
equally for
heavenly bodies absorbed the r\hal ttinus were therewith fed
time, :unl to accompany it in its revolutions, ought to be placed altogether to the nut of tli-: itself, or at least something in
a consider.
>t.ir
the other contiguous to it, not in the lower tracks of the air; of which we may assume this as a
and repaired; (since these exhalations generally fall in a like quantity as they have mounted, and are by no means enough to refresh both the earth and the spheres of heaven, nor by possibility extend
to
strong argument, that such changes rarely occur, and at long distances of years, but those which
take place in the atmosphere by the interposition And if any one of vapours more frequently. forms a judgment from the regularity of the hea
such a height;) yet, notwithstanding, thougb the gross evaporations of the earth stop far short of heaven, if the earth be the "priwum MgUtim*
(principle
or safe for
Parmenides and Telesius,
of cold,) according to the doctrine ol it would not be easy
any one
to affirm to
what height
this
venly bodies, and the equability of the motion itself, that the heaven is immutable, and should Mt down the euettMM of their periods and re newals as a distinct mark of their eternity seeing constancy of motion seems scarcely compatible with a perishable substance he ought to advert a little more attentively to this, that such a peri
odical
intervals,
force, the antagonist
and
rival of that of
heaven,
penetrates by a gradual and successive approxi mation; especially as these substances imbibe
and propagate
effects of heat
to a great distance the nature
and
stated reappearance, as if in a cycle, at may be even found among ourselves in BTeral things, particularly in the tides of the
Yet, granting that hea ven is not affected by earth, that is no objection why the heavenly bodies should not mutually suffer action and change one from another; the sun for instance from the stars, the stars from the
and cold.
sun, the planets from both,
all
from the inter
posed ether, particularly that circumambient to the several spheres. Beside, the opinion of the eternity of heaven appears to have derived great lations. Nor ought the revolution of the heavenly force from that mechanism and fabric of heaven, bodies in a circle to be taken as a better proof of which the astronomers have busied themselves to their eternity, because, forsooth, there is no end very little purpose to invent. For they seem to have
besides, smaller variations which may obtain among the heavenly bodies, their dates and renewals, escape our vision, and baffle our calcu
ocean;
to impulsion in a circle, and an immortality of taken infinite trouble to guard against the opinion motion is agreeable to an immortality of substance. that the heavenly bodies suffer any influence but For even the secondary comets, which have their the effect of mere rotation, being in other respects They have place lower than the moon, perform revolutions, unchangeable and imperturbable. and that from a property of their own ; unless we therefore nailed up, as it were, the stars in their
are to give credit to the figment of their being attached to stars. For if we will argue the eter nity of the heavenly bodies from their circular
orbits.
And
in their several deflections, eleva
motion, that ought to be referred to the entire sys tem of the heavens, not to its parts ; for the at
depressions, and windings, they have detected as many perfect circles of the just dia meter, elaborately paring and smoothing both the
tions,
mosphere, the sea, and the land, are eternal in the Besides, on the totality, perishable in the parts. contrary, we ought not to presume the motion of
the heavenly bodies from their revolving motion, because that very motion is not a perfect one, nor renewing itself absolutely in an exact, and pure
circle,
convex and the concave side of these circles, so that there is found in them no projection or ab
ruptness; but the one being received within the other, and, by reason of its smoothness of curve, placed in exactly the proper contiguity, yet so as to slide easily into one, move serenely and kindly ; which immortal system of impulses easily pre
ellipses.
but with declinations, eccentricities, and Moreover, if any one should retort upon
cludes
us the observation
we made
respecting the earth,

|
all agitation .and disturbance, the precur sors of dissolution. For, doubtless, if bodies so great as are the starry orbs while cutting tho
changes which occurred in it were accidental, not substantial, and arose from the action upon it of the heavenly bodies, and should assert that the relation of heaven is directly contrary, since the heaven can in no way be reci procally influenced by the earth, and any efflux from the earth falls short of the sphere of the hea
in stating that those
do not always continually describe the in the expanse, but pass through regions and tracks far removed from one another, sometimes ascending the upper fields of space, sometimes descending towards the earth, sometimes directing themselves to the south, sometimes to the north, there is imminent danger that venly bodies ; so that it is probable that heaven, numerous impressions, shocks, reactions, and placed aloof from all action adverse to its dura recoils, should take place in these bodies, and that from these should arise the condensation:* bility, is susceptible of eternity of duration, since it and rarefactions of substance which prognosticate is not at all agitated or infringed upon by an anta substance this seems an objection not to be and breed productions and alterations. But, since gonist despised. For we are not likely persons to defer to frbm physical considerations, and, noreover, frein
ether,
same paths
the childish notion of Thalea,
who
conceived that
.he
phenomena themselves,
it
will hold that ihii
584

[
latter position is the truth, and that the former fictions of astronomers, if any one looks at them
soberly, in reality
mock
empty of
their
facts
it is
nature, and are found consistent that the notion
perhaps, the case demands that we should cou drum, without postponing the conviction, the due-trim: of Aristotle, it is not consistent with
our pin)
concomitant of the eternity of the hea venly bodies, should incur the same censure. And if any one should make religion an objec tion, we would have him thus answered ; that it was the boast of the heathens to attach eternity only to the heaven and the sun, but that sacred Scripture ascribes it equally to heaven and earth. For there we read not only that the sun and the but that moon bear faithful witness in heaven all generations come and pass away, but the earth remaineth forever." And we find the fleeting and perishable nature of both coupled in one and the same oracle ; heaven and earth shall pass away, but my word shall not pass Then if any should insist, that never away." theless it cannot be denied, but that on the sur face of the earth, and the contiguous parts, innumerable changes take place, not in heaven; we meet the objection thus that we do not make
"
Another question proposd was, what that sub

stance
is
contained in the interstellar spaces
These
what
I
are either a void, as Gilbertus conceived ; or filled with a substance, \\hich is to the stars
air is to flame, the
hypothesis most closely
approaching the experience of our senses; or

filled with a substance, essentially the same with that of the stars themselves, luminous, and to a certain degree empyrean, but of a secondary or
;"
"
der, being of a light
n"t
so brilliant and corus
cating,
which seems
opinion that a star

sphere.
"
ceiving
veying
served, certain quantity of light, using this argument, that there are certain animals which see by night,
visual organs are adapted to receive and For it kindly entertain this weak sort of light. is a less credible supposition that a visual act
meant by the received the denser part of its own can be no objection to con For there it a bright, transparent medium, for con Telesius has acutely ob stronger light. that common air contains within itself a
to be
is
whose
them equal
in all respects
and
yet, if
we
take
the upper and lower regions of the air, as they are called, to be the surface or exterior coat of hea
regard that space among our selves, within which animals, plants, and minerals are contained, as the surface or outer garment of
earth, there too
ven; even as
we
takes place without any light, or from the internal And even flame illuminating power of the spirit.
we
find
numerous and manifold
Wherefore it seems as if all colli productions. sion and disturbance took place only on the
frontiers of
diaphanous, to such a degree as to give out the form of opaque substances, as is seen in the wick of candles, much more to be the vehicle for the form of more intense light. For
itself is seen-
the flame of tallow or

if
heaven and earth, as
case in matters civil, when of two neighbouring countries enjoy continued
frequently the the inland provinces

is
we may
wax is more lustrous, and, use the expression, more igneou?: but
the flame of spirits of wine is more opaque, and as it were more aeriform, so that the flame is not
inspissated.
this subject,
peace, and are only thrown into commotion by the more rare and formidable kinds of war.
And
I also
made an experiment on
which was done by taking a wax
And with respect to that other part of the supposed heterogeny of the heavenly bodies, as maintained by Aristotle, that they are not subject to heat, lest perchance the conflagration dreaded by Heraciitus might be the result, but that they are warmed, per accidens, by the friction and diverberation of the air; we do not understand what this straggler from experience means, contradicting too, as he does, the sense of antiquity on the subject. But it is nothing wonderful to find that man* divorcing any given subject from experience, and presently turning away in a sort of scorn from nature, at once pusillanimous and auda
cious.
candle and raising it in a sconce, (using a metal one for the purpose of protecting the body of the candle from the flame, which was to be circumfused,)
and placing the sconce in a goblet in
which was a small quantity of spirits of wine, first lighting the candle, and then igniting the spirits of wine; when you might clearly see the radiating and white light of the candle in the midst of the flame of the spirits of wine, which was weak, and approaching to a mere pellucid medium. And in like manner there are often
and
seen in the heavens luminous belts, affording a distinctly visible light of their own, vividly
illuminating the darkness of the night, through the substance of which, however, the stars
;
speak, the stars are real

correctly
ir.
Of that, however, we shall when we come to the question,

fires,"
presently
"whether
I
and more largely and
_ur counsels respecting the History
plainly discernible. And that ditlerence between a star, and the interstellar air is not justly de-
Virtues, where we shall discourse of the sources, and cradles of heat and cold, as yet
of
scribed by the terms rare and dense, that is, by the star being denser, the ether rarer. For gene-
unknown
j
>geny
to and untouched by man. Thus we rally here among us flame is a body subtler than have stated the question with respect to the bete- the air, 1 mean more expanded, and having in it of the heavenly bodies. For though, less matter for the space it occupies, which may
*s
Aristotle.
It probably obtain also in the heavenly bodies. a gross mistake, if they really suppose the star
N
to
;is
or
is
.1
TIM-:
I\TI:I.I.I:<
TI
\i.
<,i.nr,i-:.
be
it
.i
|>.irl
i.f
l>v
a N|i!i,-n
.1
in
\vliicli
il
fastened,
were.
it
i>
n.iil,
I
and
.-r
tin
ether
vehicle in
\vi:ieh
st;ir
i-.irrii-.l
uln-r lln-
body of the
is
greatest density, which are of aqueous matter, but l!ut in cert nn eclipses through the moon never. of the moon there is still visible a li^ht, though
.-ins
tli,-
ethei, or
tin-
ether Us.-!!
carried
an
uind in the
a
same
rot.ition.
This notion, then,
is
mere invention,
like
that fabric of orbs

if
upon
obscure one, in the new and full n, d by the Bun. none, except of the part illumin foul and feculent flames, of which kind Moreover,
u.<
ii>
For orSs which they describe. otht r -A ise than simultaneously, it
is still
they revolve necessa
For tlr.it supposed ry that the star cut the ether. arrangement of adjacent orb, so that the concave of the outer f.ills in with the convex of the inte rior orbit, yet on account of the curve of both, the one does not interfere with the other in its revolutions, tho<i^h diil e.riug from its own, has no
foundation in fact; since the body of the ether is unbroken, just as that of the air is: and yet
of the great varieties found in each, their various regions are most properly discriminated Wherefore the for the purpose of instruction.
sixth question, according to this our explanation of it, is a fit subject for inquiry.
of substance Kinpedocles supposed the moon to COIIMM, are no doubt subject to change, but thin inequalities are not fixed in a part, but general!)
Whereas the spots in the in moving. thought to be stationary. To this we add that those spots are discovered by the telescope to have their partial minute inequalities, so that we
now find a variety of figures in the moon ; and that Selenography, a map of the moon projected by Gilbertus, we have lived to see executed by
And if we can suppose the moon composed of some solid sub stance analogous to earth, or a sort of sediment of heaven, (for some such notions have been mooted,) we must consider again, whether it be
the labours of Galileo and others.
Then follows another question, and not an easy one, with respect to the substance of the stars themselves. first inquire whether there be
We
For, in the conjunction of Mercury with the sun, there is sometimes But those dusky visible a spot or partial eclipse.
in this respect solitary.
other globes or masses of solid and impacted matter besides the earth itself? For the theory is proposed without any extravagance, in our trea
tise I)e
which are discovered in the Antarctic hemisphere, and are fixed in position, the same as the galaxy, inspire still greater doubts as to
spots
opaque orbs, even in the higher regions of the heavens. For in respect tint it is alleged as the bound up whatever solid matter there was in the cause of such appearances, that the heaven is in globe of the earth, since there is such a host of those places thin, and, so to speak, porous, that other orbs of a sublimated and expanded matter. is less probable, because a visible diminution and And Gilbertus carried this theory so extravagantly loss of substance could by no means strike our far, (in which, however, he had several precursors, senses from so great a distance, since the rest or rather guides among the ancients,) as to assert also of the body of the ether is invisible, and not not only that the earth, but various other globes, discernible, except by a comparison with the solid and opaque, were dispersed through the bodies of the stars. It were perhaps a more pro expanse of heaven among the luminous globes. bable conjecture to consider them ao dark spaces And his opinion did not stop here, but he thought occasioned by want of light ; because in that part that the latter, namely, the sun, and the most of heaven there are found fewer stars, just as they resplendent and brightest stars were composed of are found thicker about the galaxy, so .hat the a certain solid and, though more shining, equili one place presents a continuity of light, the other brate matter; confounding primitive light with of shade. For in the Antarctic hemisphere the the matter of light, which is supposed to be its heavenly fires appear to be more distinctly pre image, (for he thought our sea .too darted forth sented than in ours, there being larger stars, light to a certain measureable distance;) but Gil- though fewer, and wider interstellar spaces. The berius admitted the existence of no conglobation, statements, too, with respect to these spots are except of crass matter, of which the finer and scarcely worthy of entire credit, at least no such thinner substances, its envelope, are only effluvia, great pains have been taken in observing, as to and lost parts, and to them succeeds a vacuum. authorize us as yet to infer consequences from the Yet the idea respecting the moon, that it is of observations made. What more affects the pre solid matter, might strike the most accurate and sent question is, that there may be opaque globes sober-minded inquirer into nature. For it is a dispersed through ether, which to us are quite For the moon, also, in its first refractor, not a vehicle of light, and is, so to speak, imperceptible.
that in
Facie in Orbe Lunae, that it is not probable, the distribution of matter, nature had
devoid of light of
all
quarter, so far as it is irradiated by the snn, is indeed visible, in its horns, that is, and the thin and the atmosphere, which rim its circular outline, but, at full, not at all, itself, are thin bodies, receive, but by no means rever- being lost in the ireneral aspect of the rest of berate the light of the sun, which the moon does. ether: and those small wandering satellites dis For sv.ch is the force of the sun s rays as to covered by Galileo, if we are to believe the ac traverse and pierce through the clouds of the count about Jupiter, are drowned to our view -a VOL. II. 74
which
its own, and full of vicissitude, are properties of solid bodies. For we
see the ether
586
DESCRIPTION OF THE INTELLECTUAL ULOBE
It is another question, whether the stars are real irvs, v liich question, notwithstanding, and so those small stars, the combina requires a tion of which forms the milky way, were they degree of consideration rightly to comprehend it. and not grouped Kor it is one thing to say, that the stars are real placed dispersedly,each by itself, into a body, would certainly escape our vision, fires, and another that the stars, supposing them even as many others do. which sparkle out on to be real fires, exercise all the properties and
the ocean of ether like small and indiscernible
islands
clear nights, particularly during winter; so too the nebulous stars, or perforations in the crib, are now, by the telescope, distinctly counted ; and
perform
all
the effects of
common
fire,
fire.
Not
that
we
are, therefore, to
have recourse
to the
idea of
an abstract and imaginary

)f.fire,
retaining the
name
with the help of the same instrument a certain

obscuration of spots, shade, and irregularity is visible in the fountain of light itself, I mean the
sun.
but rejecting its properties. For our fire, f placed in ether in such a quantity, as the quan
tity
composing a
star,
would perform
different
nothing else did, assuredly that and gradation in respect of light, descending reaching from the most brilliant bodies to the most dim and dark, leads to the inference and
if
And
operations from those which are observed on earth; since things acquire far different proper
ties,
or collocation.
both from their quantity, and their position For the bulkier masses, that is,
For belief that there are orbs wholly opaque. there seem to be fewer degrees of approximation
between a nebulous and opaque, than between a Again, man s vision bright and a nebulous star. For what is manifestly cheated and confined. ever lies dispersed in the heaven, and has not a conspicuous magnitude, and an intense, strong and makes no difference in light, escapes the eye,
the face of heaven.
homogeneous bodies, which are combined in a body of such quantity as to have analogy to the whole of the universe, acquire cosmical proper ties, which are nowhere found in their parts.
the
For the ocean, which is the greatest collection of water, ebbs and flows, but marshes and lakes not So in like manner the whole earth remains at all.
pendent, a portion of the earth falls. And the position of a body is of great importance, both in its bulkier and smaller portions, on account of the
hostile.
Nor
let it strike
doubt into
mind of any less informed inquirer, if the of conso question suggests itself, whether globes For the earth lidated matter can remain pensile ] floats pensile in the midst of its circumam itself
the
proximity or contiguity of bodies friendly and Much more, then, must a diversity of action obtain between our fire and that of the stars,
bient air, the softest of substances, and huge because it differs from it not only in the quantity volumes of watery clouds and magazines of hail and composition, but also in some degree in sub For the fire of the stars is pure, uncomare long suspended in the fields of air, and are stance. rather precipitated than spontaneously descend, pounded, and native: whereas ours is degenerate, before they begin to be affected by the earth s crippled by its fall like Vulcan precipitated to Wherefore Gilbertus has very well earth. For if one observe it, we have fire among contiguity.
noted that heavy bodies, when carried to long distances from the earth, are gradually divested of their motion towards the objects beneath, arising from no other propension of bodies, than that of
uniting and conglomerating to the earth, (which is a collection of homogeneous substances,) and of which the influence terminates with its own
us as with
if
its
out of its place, flickering, surrounded contraries, poor, and, as it were, begging
it,
the alms of nourishment to preserve
and has
But in heaven fire exists in tening to disappear. its true state, dissevered from the encroachment of its contrary, and performing freely, and without
disturbance, its appropriate actions. Therefore it was not at all necessary for Patricius, in order to save the pyramidal form of flame as found among
os, to insinuate that the higher part of a star
For as to what is asserted of a motion to sphere. the earth s centre, that would be a sort of potent
nothing dragging to itself such large masses ; whereas body cannot be affected except by body. Wherefore let this inquiry concerning solid and
opaque globes, although
common
it appear new, and to apprehension difficult, be entertained ; and let another be associated with it, the old and undecided one, which of the stars give forth a
might DC pyramidal, though the other part, \\ Inch For the pyramidal is visible to us, be globular. form of fire is incidental to it from the pressure and confinement of the air. Therefore, in flame,
the base is fuller, the apex pointed, but in smoke the lower part narrow, the top broadened, and like and which an inverted pyramid; because air expands to light original and from themselves, from the illumination of the sun; the one class smoke, but compresses fire. It is, therefore, con appearing to be connatural to the sun, and the sistent that flame among us should be pyramidal, In like manner flame among oilier to the moon. in heaven globose. us is a short-lived body, in ether steady and last Finally, we understand all investigation con But even among us flame would remain cerning the difference of substance among the ing. htars relatively to one another, a multifarinu-and subsist in its own form, were it not destroyed since some are red, some leadm, by the surrounding substances, which is very jecl. as it seems For every somf white, some manifestly always brilliant, in the larger sort of flames.
I
MI!>-
apparent
.TS
nebulous
to refer to
our seventh query.
in the midst of fiame, p*portion of flame placed
DESCRIPTION OF THK INTKI.I.KCT!

remains BMXtlBfaisbed, the same rishc* imt. in (jir.mtitv, and rabidly ascendinj: heavenwards but on the sidi s the pressure takes e fleet, and
l>nt
\1.
(.I.oBF..
587
phenomena whirh
the
stars
as bodies, though the
may
\erv
occasion
I"
uncertainty
on
subject
arc
w.
first
fruiii
way
rior
them heniiis the process of extinction. One of demonstrating this fact. I ine.iii tlie inte
<
For,
of
all,
no instance, or any analogous
subject in its mass to any conspicuous augmenta by an experiment of two flames of diilerent tion or diminution, but preserves its bulk and There may also be very great difference quantity. Hut, it may be said, the Mars appear colours. between the heat of flame in the he ivenly bodies to our view sometimes of larger, sometimes .,t and in ours. For the celestial flame expands smaller size. This is true, but that larger or in its own medium, smaller dimension of a star is aseribable either to 1 n ly and serenely, as (in-, .is if pent up in another, blazes and rages. its proximity or remoteness ; or in their apogees
exit
a
r ime remaining in a spherical nor irradually vanishing and forming

tl
li<_
:d
the
experience favour the inquiry ; since our globe of earth and water does not seem
facts in
human
pyra
mid
is
it"
hedged about and imprisoned becomes In fact, the rays of the fires of heaven themselves, after reaching denser and more im penetrable bodies, lose their mild quality and be
For
all fire
and perigees, in the case of the planets; or

constitution of the
this arises
is
to the
fiercer.
medium
of vision.
from the constitution of the
So far as medium, it
come more
scorching. Wherefore Aristotle ought not to have apprehended Heraclitus s conflagra

tion for his sphere, mined that the stars
tion then
easily discriminated, because that changes not the appearance of one star in particular, but of all
equally
frost,
even although he had deter were real fires. This ques
when
as happens on winter nights in a keen the stars appear of increased magni
may
also be entertained, subject to this
tude, because the vapours of the earth both mount in less quantity and are dissipated more power
fully,
explanation.
and the whole body of the
at,
osphere
is to
Another question follows, Whether the stars are kept alive by due sustentation ? and also, whether they are increased, lessened, generated, extinguished 1 and in fact one of the ancients supposed, from some vulgar observation, that the stars were nourished as fire is, and fed upon the waters, the sea, and the moisture of the earth, and were sustained by their evaporations and exhala tions, a notion which seems unworthy to supply matter for any inquiry. For such vapours fall far on this side the height of tne stars. Nor is there such a quantity of them as to supply the waters and the land by rains and dews, and be sides suffice for repairing so many and so great
heavenly orbs, especially as it is evident that the earth and ocean have not suffered diminution in
the quantity of liquid for many ages, so that it seems a necessary conclusion that as much is re
a certain degree condensed, and approaches an aqueous or crystalline character, which exhibits
some
But if it were objects in increased dimension. particular intervention of vapours between
our vision and some given star, magnifying the appearance of the star, (which we frequently and plainly see happening in the case of the sun, and moon, and other heavenly bodies,) that appearance can neither impose upon us in itself, nor d( es the star follow and move with the body of the \ apour, but is quickly extricated from it, and resumes its
But though these things are usual appearance. so, yet since both formerly, in ancient times, and in our own age, a great change, much now also
noted and celebrated, has taken place in thu star
Nor is the mode of sup placed as is absorbed. ply so suitable for the heavenly bodies as it is for our fire. For where something perishes and is
subtracted, there too something is taken up and assimilated. This species of assimilation resem bles the tnrtnrizntionf of salts, and derives its
source from the contiguity all round it of opposite or dissimilar substances. Hut in the consubstan-
Venus, in its magnitude, colour, and even figure; and since a change which always and regularly attends a given star, and is seen to move abo tt with its body, ought to be considered as neces sarily existing in the star itself, and not in the medium of vision; and since, in consequence of the neglect of observations, many remarkable phenomena which take place in heaven are passed we think by unheeded, and are lost to us it ri jht to entertain this second branch of oui
:
and interior body of the stars nothing of the kind happens, no more than in the bowels of the earth, but they preserve their substance by the law of identity, not assimilation. But with re
tial
question. Of the
same kind is another part of our inquiry, whether, during the long lapse of ages, stars are produced and decomposed ? not but that the mul
1
titude of facts
spect to the exterior snrf.ice nf the st.irry bodies, the question is properly enough proposed ; whe ther they remain in one and the same st ite, IT
steal
And
in this
from and even taint the surrounding ether 1 sense we may inquire also respecting
it
copious and crease, though they he only of one kind. For, as respects the ancient stars, no one in the memory of all a ires \,as remaiked the rise of any of them,
:
invite this question is motfc sufficient, than on that of their in
which
the aliment of the stars.
(except what the ancient Arcadians tabled aboui the moon,) and none of them has been missed
Hut
is
proper here to subjoin the question
with respect to the increase and lessening of the
whereas, with respei t to those which are fganh d as comets, but of a stellar form and motion, ar.u.
588
in fact, as
leiirned
DESCRIPTION OF THE INTELLECTUAL GLOliE.

and, as
it
new stars, we have both witnessed, and from the ancients, their appearances and disappearances: while to some they seemed, in the latter, to waste away, to others, to be taken up, as if they had descended towards us in their
besides, there has
known stars, were, darts emitted hem a m sv enumeration i,f the

h}"
i>!
host of heaven, by Galileo, not only in that co hort which is distinguished by the name the.
milky wny, but also amidst the stations and circuits, and afterwards returned to the higher system of the planets. Now, stars become im regions ; to others, to be gradually rarefied and perceptible either on account of the minuteness But the whole of our inquiry of their size, or their capacity, (the term tenuity dissipated in ether. respecting the new stars we refer to that place in we do not much approve of, since pure flame is a which we speak of comets. body of the most subtle tenuity,) or on account Another question remains, that with respect to of their remoteness and distance. The question the galaxy, whether the galaxy be a collection of with respect to the superflux of stars, created by the smallest of the stars, or a combined body and the production of new ones, we refer to the part region of the ether of an intermediate substance which treats of comets. between that of the ether and the stars. As regards the magnitude of the stars, the visi For
that theory about exhalations has itself now long exhaled, not without fixing a brand on Aristotle s genius, who had the audacity to put forth such a
ble magnitude belongs to the general phenomena, the real to the philosophical inquiry comprehended
figment, fastening upon a thing so invariable and fixed, an evanescent and fluctuating character,
easily attainable, if we are to give credit to the accounts of Galileo, who has ar
dimensions of each
i
only in our twelfth problem: what are the real star, either discovered by
1
But an end seems to be
to this
question as proposed by us
measurement, or, if not, by comparison ? for it is easier to discover and demonstrate that the globe
of the
ranged that confused luminous appearance into numbered and mapped constellations. For, that certain their exact dimensions ; if these cannot the galaxy does not prevent the visibility of those be had, we must make use of their comparative.
stars
We
moon is less than the globe of earth, than that the globe of the moon is a mile round. must, then, use all trial and exertion to as
which
are found within its limits, is not
Now,
the magnitudes of the stars are either
taken and inferred from their eclipses and ob matter either way. It only refutes, perhaps, the scurations, or from the bounds to which they notion that the galaxy is placed lower than the extend their light, and the other properties which part of ether containing the stars; for, if this each of these bodies, in proportion to their mag were the case, and the continuous body had also nitude, emit and propagate ; or, lastly, by the some depth of itself, it is consistent with reason harmony of the universe, which confines and
enough
to settle the question, nor to incline the
suppose that our vision would be prevented. limits, by a certain necessity, the parts of the if it were For we must not rest placed at the same altitude as the homogeneous bodies. stars which are visible in it, there is no reason upon the accounts given by astronomers of the why stars should not be scattered about in the bare magnitude of the stars, (though they have galaxy itself, not less than in the rest of the ether. laboured in that attempt, seemingly with gr- at Thus we have treated of this question. These and exact minuteness, yet in reality with no little six questions, then, refer to the substance of the license and temerity ;) but must seek, if any pre heavenly bodies; what, namely, is the substance sent themselves, proofs and evidence more to be of heaven in general, what of the interstellar air, trusted to and more genuine. Now, the magni what of the galaxy, and what of the stars them tude and distance of the stars reciprocally indicate selves, whether compared with one another, or each other by the methods of optics: the roots of with our fire, or with their own essence ? which science, however, ought to be a little But, with respect to the number, magnitude, shaken. The question of the true magnitude of the stars and remoteness of the stars, with configuration, the exception of the phenomena and historical is the twelfth in our enumeration: there follows inquiries, of which we shall speak by-and-by, another respecting the form, whether they be the problems which philosophy offers are generally globes, that is, masses of matter of a solid round
to
And,
With respect to their number, too, there simple. follows another question whether that be the true
:
Now, there are apparently three figures figure? of the stars; spherical and comose, as the sun;
spherical and angular, as the stars, (the coma and angles relate here only to aspect, the spherical form only to substance ;) spherical only, as the
number of
the stars which is visible, and which has been set down and described by the labours of Hipparchus, and comprised within the plan of the celestial globe. For it is but a barren reason
moon.
which
assigned for the incalculable number of stars, usually hid, and, as it were, imperceptible, which are commonly seen in winter, particularly
is
or square, or of
For, no star looks oblong, or triangular, any other figure than the above.
to
And,
it
appears
be the order of nature that the
in clear nights, namely, that these appearances are not smaller stars, but emanations, scintilla,
their own prelarger accumulations of things, for servation and a truer union of parts, impact themj
selves into globes.
I)l-:s<
IMl Tlo.N
relates
to
OF
Till;
INTELLECTUAL GLOBE.
580
what
of heaven
question the true distance of any star in the abyss 1 For the distances of the planets, both relatively to one another and to the fixed stars, are
is
The
fourteenth
distance:
system of the heavens interiorly, that is, the common arniigemenl of the planets with reference
to tlicir heights, is not unchallenged, nor u rthe opinions that now obtain formerly believnl. -There is even now a controversy respecting
M>
consequent upon, or determined by, their motions in the path they describe through the heavens. But, as we have said above concerning the mag nitude of the stars, if an exact and directly mea sured magnitude cannot be had, we must have
recourse to their
Tho cury and Venus, which of them is higher. distances are found either by their parallaxes, or
their eclipses, or their modes of motion, or the differences of their visible magnitude. Other
comparative magnitudes: give the same precept as to their distance, that if the distance cannot be accurately taken, (for in stance, from the earth to Saturn and to Jupiter,)
yet, let
it
we
helps must also be obtained for this inquiry, which man s industry will suggest. The ques
tion,
also,
with
regard
is
depth of the
distances.
spheres,
to the thickness o/ connected with there
be set
down
at least as certain, that
Sa
turn
is
of greater altitude than Jupiter.
For, the
VV. G.
THE END OF VOL.
II.
\53020
a
,
Bacon, Francis
,E8i
Works of Lord Bacon
vol.2

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TIIK

WITH A LIFE OF THE AUTHOR

BASIL MONTAGU, ESQUIRE.

NEW YORK WORTHINGTON, 770 BROADWAY.

SYLVA 6YLVARUM; OR A NATURAL

Of sympathy and antipathy Of the spirits or prieumaticaU Of the power of heat Of

or percolation, outward and in

Of nourishment of young creatures in

powders and liquors

degenerating of plants, and of their

exerrise of the boJy, and the benefits or

transmutation one into another

glutting, or not glutting ....

the rudiments of plants, and of the ex

crescences of plants, or super-plants

of liquors and the accelera

maturation, and the accelerating thereof:

and of the maturation of drinks and

52 53 CENTURY VII. Of the affinities 53 53 54

plants and bodies inanimate

Of the lasting of flame Of infusions or burials

Of leaping Of the pleasures and

and of the other senses

the flight of the spirits

upon odious obIOV

the hurl or help of wine, taken moderately

Of caterpillars Of the flies cantharides Of lassitude Of casting of the skin, and

Offthe growth or multiplying of metals ....

more base metal

Of fixation of bodies Of the restless nature of things

natural divination or subtile

Of species visible Of impulsion and

114 115 115 1)5 115

Of wounds made with brass, and Of mortification by cold Of weight

the living of unequal bodies in the air

Of blows and bruises Of the orrice root

119 119 119 120

Letters to Sir Geo. Villiers

TRACTS RELATING TO SPAIN.

TRACTS RELATING TO ENGLAND.

true greatness of Britain

Proposition touching the

the grievances of the

wards and tenures

Declaration for the master of the wards .... 274

the transmission and influx of immateri-

and the force of imagination.

receiving the king s messages Concerning impositions on merchandises.

grant supplies to the king

Relating to the mint

of spirits in vapour, or exha

the speaker s excuse

the motion of a subsidy

of spiritual species which affect

of men, by affections, imagination, or other impressions

the secret virtue of

sympathy and antipa

Decree of Star-Chamber against duels Against Mr. Oliver St. John

Of secret virtues and proprieties Of the general sympathy of men s