dustry, and dispatch of Sir Humphry Winch; the care and affection to the commonwealth, and the prudent and politic administration of Sir John Denham, and you shall need no other lessons. They were all Lincoln's-Inn men as you are, you have known them as well in their beginnings, as in their advancement. But because you are to be there not only chief justice, but a counsellor of estate, I will put you in mind of the great work now in hand, that you may raise your thoughts according unto it. Ireland is the last "ex filiis Europa," which hath been reclaimed from desolation, and a desart, in many parts, to population and plantation; and from savage and barbarous customs to humanity and civility. This is the King's work in chief: it is his garland of heróical virtue and felicity, denied to his progenitors, and reserved to his times. The work is not yet conducted to perfection, but is in fair advance: and this I will say confidently, that if God bless this kingdom with peace and justice, no usurer is so sure in seven years space to double his principal with interest, and interest upon interest, as that kingdom is within the same time to double the stock both of wealth and people. So as that kingdom, which once within these twenty years wise men were wont to doubt whether they should wish it to be in a pool, is like now to become almost a garden, and younger sister to Great Britain. And therefore you must set down with yourself to be not only a just governor, and a good chief justice, as if it were in England, but under the King and the deputy you are to be a masterbuilder, and a master-planter, and reducer of Ireland. To which end, I will trouble you at this time but with three directions. The first is, that you have special care of the three plantations. That of the north, which is in part acted; that of Wexford, which is now in distribution; and that of Longford and Letrim, which is now in survey. And take this from me, that the bane of a plantation is, when the undertakers or planters make such haste to a little mechanical present profit, as disturbeth the whole frame and nobleness of the work for times to come. Therefore hold them to their covenants, and the strict ordinances of plantation. The second is, that you be careful of the King's revenue, and by little and little constitute him a good demesne, if it may be, which hitherto is little or none. For the King's case is hard, when every man's land shall be improved in value with increase manifold and the King shall be tied to his dry rent. My last direction, though first in weight, is, that you do all good endeavours to proceed resolutely and constantly, and yet with due temperance and equality, in matters of religion; lest Ireland civil become more dangerous to us than Ireland savage. So God give you comfort of your place. After Sir William Jones's speech: I had forgotten one thing, which was this. You may take exceeding great comfort, that you shall serve with such a deputy; one that, I think, is a man ordained of God to do great good to that kingdom. And this I think good to say to you, that the true temper of a chief justice towards a deputy is, neither servilely to second him, nor factiously to oppose him. THE LORD KEEPER'S SPEECH, IN THE EXCHEQUER, TO SIR JOHN DENHAM, WHEN HE WAS CALLED TO BE ONE OF THE SIR JOHN DENHAM, THE King, of his grace and favour, hath made choice of you to be one of the barons of the exchequer, to succeed to one of the gravest and most reverend judges of this kingdom; for so I hold Baron Altham was. The King takes you not upon credit but proof, and great proof of your former service: and that in both those kinds wherein you are now to serve: for as you have shewed yourself a good judge between party and party, so you have shewed yourself a good administer of the revenue, both when you were chief baron, and since as counsellor of estate there in 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 maintain the King's prerogative, and to set down with yourself, that the King's prerogative and the law are not two things; but the King's prerogative is law, and 66 the principal part of the law, the first-born or pars prima" of the law; and therefore in conserving or maintaing that, you conserve and maintain the law. There is not in the body of man one law of the head, and another of the body, but all is one entire law. The next point that I would now advise you is, that you acquaint yourself diligently with the revenue; and also with the ancient records and precedents of this court. When the famous case of the copper-mines was argued in this court, and judged for the King, it was not upon the fine reasons of wit; as that the King's prerogative drew to it the chief "in quaque specie:" the lion is the chief of beasts, the eagle the chief of birds, the whale the chief of fishes, and so copper the chief of minerals; for these are but dalliances of law and ornaments: but it was the grave records and precedents that grounded the judgment of that cause; and therefore I would have you both guide and arm yourself with them against these vapours and fumes of law, which are extracted out of men's inventions and conceits. The third advice I will give you hath a large extent; it is, that you do your endeavour in your place so to manage the King's justice and revenue, as the King may have most profit, and the subject least vexation for when there is much vexation to the subject, and little benefit to the King, then the exchequer is sick and when there is much benefit to the King, with less trouble and vexation to the subject, then the exchequer is sound. As for example; if there shall be much racking for the King's old |
