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narch of the most puissant and military nations of the world; and, if one of the ancient wise men was not deceived, iron commands gold.

Secondly, the plantation and reduction to civility of Ireland, the second island of the ocean Atlantic, did by God's providence wait for his majesty's times; being a work resembling indeed the works of the ancient heroes: no new piece of that kind in modern times.

Thirdly, This kingdom, now first in his majesty's times, hath gotten a lot or portion in the new world, by the plantation of Virginia and the Summer Islands. And certainly it is with the kingdoms on earth as it is in the kingdom of heaven: sometimes a grain of mustard-seed proves a great tree. Who can tell?

Fourthly, His majesty hath made that truth which was before titularly, in that he hath verified the style of Defender of the Faith: wherein his majesty's pen hath been so happy, as, though the deaf adder will not hear, yet he is charmed that he doth not hiss. I mean in the graver sort of those that have answered his majesty's writings.

Fifthly, It is most certain, that since the conquest ye cannot assign twenty years, which is the time that his majesty's reign now draws fast upon, of inward and outward peace. Insomuch, as the time of Queen Elizabeth, of happy memory, and always magnified for a peaceable reign, was nevertheless interrupted the first twenty years with a rebellion in England; and both first and last twenty years with rebellions in Ireland. And yet I know, that his majesty will make good both his words, as well that of "Nemo me lacessit impune," as that other of "Beati pacifici."

Sixthly, That true and primitive office of kings, which is, to sit in the gate and to judge the people, was never performed in like perfection by any of the king's progenitors: whereby his majesty hath showed himself to be "lex loquens," and to sit upon the throne, not as a dumb statue, but as a speaking oracle.

Seventhly, For his majesty's mercy, as you noted it well, show me a time wherein a king of this realm hath reigned almost twenty years, as I said, in his white robes, without the blood of any peer of this kingdom: the axe turned once or twice towards a peer, but never struck.

Lastly, The flourishing of arts and sciences recreated by his majesty's countenance and bounty, was never in that height, especially that art of arts, divinity; for that we may truly to God's great glory confess, that since the primitive times, there were never so many stars, for so the Scripture calleth them, in that firmament.

These things, Mr. Speaker, I have partly chosen out of your heap, and are so far from being vulgar, as they are in effect singular and proper to his majesty and his times. So that I have made good, as I take it, my first assertion; that

the only worthy commender of his majesty is time: which hath so set off his majesty's merits by the shadow of comparison, as it passeth the lustre or commendation of words.

How then shall I conclude? Shall I say, "O fortunatos nimium sua si bona norint?" No, for I see ye are happy in enjoying them, and happy again in knowing them. But I will conclude this part with that saying, turned to the right hand: "Si gratum dixeris, omnia dixeris." Your gratitude contains in a word all that I can say to you touching this parliament.

Touching the third point of your speech, concerning parliaments, I shall need to say little: for there was never that honour done to the institution of parliament, that his majesty did it in his last speech, making it in effect the perfection of monarchy; for that although monarchy was the more ancient, and be independent, yet by the advice and assistance of parliament it is the stronger and the surer built.

And therefore I shall say no more of this point; but as you, Mr. Speaker, did well note, that when the king sits in parliament, and his prelates, peers, and commons attend him, he is in the exaltation of his orb; so I wish things may be so carried, that he may be then in greatest serenity and benignity of aspect; shining upon his people both in glory and grace. Now you know well, that the shining of the sun fair upon the ground, whereby all things exhilarate and do fructify, is either hindered by clouds above or mists below; perhaps by brambles and briers that grow upon the ground itself. All which I hope at this time will be dispelled and removed.

I come now to the last part of your speech, concerning the petitions: but before I deliver his majesty's answer respectively in particular, I am to speak to you some few words in general; wherein, in effect, I shall but glean, his majesty having so excellently and fully expressed himself.

For that, that can be spoken pertinently, must be either touching the subject or matter of parliament business; or of the manner and carriage of the same; or, lastly, of the time, and the husbanding and marshalling of time.

For the matters to be handled in parliament, they are either of church, state, laws, or grievances.

For the first two, concerning church or state, ye have heard the king himself speak; and as the Scripture saith," Who is he that in such things shall come after the king?" For the other two, I shall say somewhat, but very shortly.

For laws, they are things proper for your own element; and, therefore, therein ye are rather to lead than to be led. Only it is not amiss to put you in mind of two things; the one, that ye do not multiply or accumulate laws more than ye need. There is a wise and learned civilian that applies the curse of the prophet, "Pluet super eos laqueos,"

to multiplicity of laws: for they do but ensnare | sensible of forms than of matter; and is as far from and entangle the people. I wish rather, that ye should either revive good laws that are fallen and discontinued, or provide against the slack execution of laws which are already in force; or meet with the subtile evasions from laws which time and craft hath undermined, than to make "novas creaturas legum," laws upon a new mould.

The other point, touching laws, is, that ye busy not yourselves too much in private bills, except it be in cases wherein the help and arm of ordinary justice is too short.

For grievances, his majesty hath with great grace and benignity opened himself. Nevertheless, the limitations, which may make up your grievances not to beat the air only, but to sort to a desired effect, are principally two. The one, to use his majesty's term, that ye do not hunt after grievances, such as may seem rather to be stirred here when ye are met, than to have sprung from the desires of the country: ye are to represent the people; ye are not to personate them.

The other, that ye do not heap up grievances, as if numbers should make a show where the weight is small; or, as if all things amiss, like Plato's commonwealth, should be remedied at It is certain, that the best governments, yea, and the best men, are like the best precious stones, wherein every flaw or icicle or grain are seen and noted more than in those that are generally foul and corrupted.

Therefore contain yourselves within that moderation as may appear to bend rather to the effectual ease of the people, than to a discursive envy, or scandal upon the state.

As for the manner of carriage of parliament business, ye must know, that ye deal with a king that hath been longer king than any of you have been parliament men; and a king that is no less

enduring diminution of majesty, as from regarding flattery or vainglory; and a king that understandeth as well the pulse of the hearts of the people, as his own orb. And, therefore, both let your grievances have a decent and reverend form and style; and, to use the words of former parliaments, let them be "tanquam gemitus columbæ," without pique or harshness: and, on the other side, in that ye do for the king, let it have a mark of unity, alacrity, and affection; which will be of this force, that whatsoever ye do in substance, will be doubled in reputation abroad, as in a crystal glass.

For the time, if ever parliament was to be measured by the hour-glass, it is this; in regard of the instant occasion flying away irrecoverably. Therefore, let your speeches in the House be the speeches of counsellors, and not of orators; let your committees tend to despatch, not to dispute; and so marshal the times as the public business, especially the proper business of the parliament, be put first, and private bills be put last, as time shall give leave, or within the spaces of the public.

For the four petitions, his majesty is pleased to grant 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 defrauding of creditors, and defeating of ordinary justice: that liberty of speech turn not into license, but be joined with that gravity and discretion, as may taste of duty and love to your sovereign, reverence to your own assembly, and respect to the matters ye handle: that your accesses be at such fit times, as may stand best with his majesty's pleasure and occasions: that mistakings and misunderstandings 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 | mixture of this House doth so require it, that in the time which is spent; but yet so, as I must causes of this nature there be some speech and consider also the matter, which is great. This opinion, as well from persons of generality, as great cause was, at the first, so materially and by persons of authority, I will say somewhat, weightily propounded; and after, in such sort and not much; wherein it shall not be fit for me persuaded and enforced; and by him that last to enter into, or to insist upon secrets, either of spake, so much time taken, and yet to good pur- her majesty's coffers, or of her council; but my pose; as I shall speak at a great disadvantage: speech must be of a more vulgar nature. but, because it hath been always used, and the

I will not enter, Mr. Speaker, into a laudative

increased: which I speak not by way of apprehending fear, for I know I speak to English courages; but by way of pressing provision: for 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 impediments.

speech of the high and singular benefits, which, ground for his hedge and ditch, to fortify and by her majesty's most politic and happy govern- defend the rest. Why, Mr. Speaker, the disputer ment, we receive, thereby to incite you to a will, if he be wise and cunning, grant somewhat retribution; partly, because no breath of man that seemeth to make against him, because he will can set them forth worthily; and partly, because, keep himself within the strength of his opinion, and I know, her majesty, in her magnanimity, doth the better maintain the rest. But this place adverbestow her benefits like her freest patents, tiseth me not to handle the matter in a common"absque aliquo inde 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 particular, but love and loyalty. Neither will I myself, knowing your affections to be like mine now, at this time, put the case of this realm of own. There hath fallen out, since the last parEngland too precisely; how it standeth with the liament, four accidents or occurrents of state; subject in point of payments to the crown: though things published and known to you all; by every I could make it appear by demonstration, what one whereof, it seemeth to me, in my vulgar opinion soever be conceived, that never subjects understanding, that the danger of this realm is were partakers of greater freedom and ease; and that whether you look abroad into other countries at this present time, or look back to former times in this our own country, we shall find an exceeding difference in matter 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 impositions, which, in this case, as by way of comparison, it is necessary you understand; but because speech in the House is fit to persuade the general point, and, particularly, is more proper and seasonable for the committee: neither will I make any observation upon her majesty's manner of expending and issuing treasure; being not upon excessive and exorbitant donatives, nor upon sumptuous and unnecessary triumphs, buildings, or like magnificence; but upon the preservation, protection, and honour of the realm: 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, that 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 stayeth 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 the world. But I will only insist upon the natural and inviolate law of preservation.

It is a truth, Mr. Speaker, and a familiar truth, that safety and preservation is to be preferred before benefit or increase, inasmuch as those counsels which tend to preservation, seem to be attended with necessity: whereas those deliberations which tend to benefit, seem only accompanied with persuasion. And it is ever gain and no loss, when at the foot of the account there remains the purchase of safety. The prints of this are everywhere to be found: the patient will ever part with some of his blood to save and clear the rest: the seafaring man will, in a storm, cast over some of his goods to save and assure the rest: the husbandman will afford some foot of

The first is by this same "aliud agere;" when they have their hands full of other matters, which they have embraced, and serveth for a diversion of their hostile purposes.

The next is, when they want the commodity or opportunity of some places of near approach. The third, when they have conceived an apprehension of the difficulty and churlishness of the enterprise, and that it is not prepared to their hand.

And the fourth is, when a state, through the age of the monarch, groweth heavy and 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, by 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.

Soon after the last parliament, you may be pleased to remember how the French king revolted from his religion; whereby every man of common understanding may infer, that the quarrel between France and Spain is more reconcileable, and a greater inclination of affairs to a peace, than before: which supposed, it followeth, Spain shall be more free to intend his malice against this realm.

Since the last parliament, it is also notorious in every man's knowledge and remembrance, that the Spaniards have possessed themselves of that avenue and place of approach for England, which was never in the hands of any king of Spain before; and that is Calais; which in true reason and consideration of estate of what value or service it is, I know not; but in common understanding, it is a knocking at our doors.

Since the last parliament also that ulcer of Ire

land, which indeed brake forth before, hath run on and raged more: which cannot but be a great attractive to the ambition of the council of Spain, who by former experience know of how tough a complexion this realm of England is to be assailed; and, therefore, as rheums and fluxes of humours, is like to resort to that part which is weak and distempered.

And, lastly, it is famous now, and so will be many ages hence, how by these two sea-journeys we have braved him, and objected him to scorn: so that no blood can be so frozen or mortified, but must needs take flames of revenge upon so mighty a disgrace.

So as this concurrence of occurrents, all since our last assembly, some to deliver and free our enemies, some to advance and bring him on his way, some to tempt and allure him, some to spur on and provoke him, cannot but threaten an increase 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 treasure and this it is:

I see men do with great alacrity and spirit proceed when they have obtained a course they long wished for and were restrained from. Myself can remember, both in this honourable assembly, and in all other places of this realm, how forward and affectionate men were to have an invasive war. Then we would say, a defensive war was like eating and consuming interest, and needs we would be adventurers and assailants: "Habes quod tota mente petisti :" shall we not now make it good? especially when we have tasted so prosperous fruit of our desires.

The first of these expeditions invasive was achieved with great felicity, ravished a strong and famous port in the lap and bosom of their high countries; brought them to such despair as they fired themselves and their Indian fleet in sacrifice, as a good odour and incense unto God for the great and barbarous cruelties which they have committed upon the poor Indians, whither that fleet was sailing; disordered their reckonings so, as the next news we heard of was nothing but protesting of bills and breaking credit.

The second journey was with notable resolution borne up against weather and all difficulties; and besides the success in amusing him and putting him to infinite charge, sure I am it was like a Tartar's or Parthian's bow, which shooteth backward, and had a most strong and violent effect and operation both in France and Flanders; so that our neighbours and confederates have reaped the harvest of it; and while the life-blood of Spain went inward to the heart, the outward limbs and members trembled, and could not resist. And, lastly, we have a perfect account of all the noble and good blood that was carried forth, and of all our sea-walls and good shipping, without mortality of persons, wreck of vessels, or any manner of diminution. And these have been the happy effects of our so long and so much desired invasive war.

To conclude, Mr. Speaker, therefore, I doubt not but every man will consent that our gift must bear these two marks and badges: the one, of the danger of the realm by so great a proportion, since the last parliament, increased; the other, of the satisfaction we receive in having obtained our so earnest and ardent desire of an invasive war.

CHARGES.

THE JUDICIAL CHARGE

OF

SIR FRANCIS BACON, KNIGHT,

THE KING'S SOLICITOR,

UPON THE COMMISSION OF OYER AND TERMINER HELD FOR THE

VERGE OF THE COURT.

"Lex vitiorum emendatrix, virtutum commendatrix est."

You are to know, and consider well the duty and service to which you are called, and whereupon you are by your oath charged. It is the happy estate and condition of the subject of this realm of England, that he is not to be impeached in his life, lands, or goods, by flying rumours, or wandering fames and reports, or secret and privy inquisitions; but by the oath and presentment of men of honest condition, in the face of justice. But this happy estate of the subject will turn to hurt and inconvenience, if those that hold that part which you are now to perform shall be negligent and remiss in doing their duty; for as of two evils it were better men's doings were looked into over-strictly and severely, than that there should be a notorious impunity of malefactors; as was well and wisely said of ancient time, "a man were better live where nothing is lawful, than where all things are lawful." This, therefore, rests in your care and conscience, forasmuch as at you justice begins, and the law cannot pursue and chase offenders to their deserved fall, except you first put them up and discover them, whereby they may be brought to answer; for your verdict is not concluding to condemn, but it is necessary to charge, and without it the court cannot proceed to condemn.

Considering, therefore, that ye are the eye of justice, ye ought to be single, without partial affection; watchful, not asleep, or false asleep in winking at offenders, and sharp-sighted to proceed with understanding and discretion: for, in a VOL. II.-37

word, if you shall not present unto the court all such offences, as shall appear unto you either by evidence given in, or otherwise, mark what I say, of your own knowledge, which have been committed within the verge, which is as it were the limits of your survey, but shall smother and conceal any offence willingly, then the guiltiness of others will cleave to your consciences before God; and, besides, you are answerable in some degree to the king and his law for such your default and suppression; and therefore take good regard unto it, you are to serve the king and his people, you are to keep and observe your oath, you are to acquit yourselves.

But there is yet more cause why you should take more special regard to your presentments, than any other grand juries within the counties of this kingdom at large: for as it is a nearer degree and approach unto the king, which is the fountain of justice and government, to be the king's servant, than to be the king's subject; so this commission, ordained for the king's servants and household, ought in the execution of justice to be exemplary unto other places. David said, who was a king, "The wicked man shall not abide in my house;" as taking knowledge that it was impossible for kings to extend their care, to banish wickedness over all their land or empire; but yet at least they ought to undertake to God for their house.

We see further, that the law doth so esteem the dignity of the king's settled mansion-house. 2 B 289

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