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every of them he must the barons, that by their grow to the king if the duly put in process, and
that it is not a suit by it runs in a form like-
well like: for it is " ut
parcatur misis," which Concerning the king's benefit, which may grow purporteth, as if the by a moderate prosecution of some penal laws. party did not any way
submit himself, and The abuses are inconveni
take the composition as The remedies.
of grace of the court, 1. After an informa- 1. The officer in this but as if he did justify tion is exhibited and point is to perform bis himself, and were conanswered, for so the greatest service to the tent to give a trifle to statute requires, the in- king, in soliciting for avoid charge. former for the most part the king in such sort as
as which point of form groweth to composition licenses be duly return- hath a shrewd consewith the defendant; ed, the deceits of these quence: for it is some which he cannot do fraudulent compositions ground that the fine is without peril of the discovered, and fines set too weak. statute, except he have may be set for the king And as for the inlicense from the court, in some good proportion, former's oath touching which license he ought having respect to the his composition, which to return by order and values both of the mat- is commonly a trifle, course of the court, to- ter and the person: for and is the other ground gether with a declara- the king's fines are not of the smallness of the tion upon his oath of to be delivered, as mo- fine, it is, no doubt, the true sum that he neys given by the party, taken with an equivotakes for the composi. “ad redimendam vexa- cation: as taking such tion. Upon which li- tionem,” but as moneys a sum in name of a cense so returned, the given “ad redimendam composition, and some court is to tax a fine for culpam et pænam le- greater matter by some the king.
gis;" and ought to be indirect collateral This ought to be, but in such quantity, as may mean. as it is now used, the not make the laws al- Also, these fines, license is seldom re- together trampled down light as they be, are turned. And although and contemned. There- seldom answered and it contain a clause that fore the officer ought put in process. the license shall be first to be made ac- 2. An information 2. The officer is to void, if it be not duly quainted with every li- goeth on to trial, and follow for the king, that returned; yet the man- cense, that he may have passeth for the king. the “posteas” be rener is to suggest that an eye to the sequel of this case of recovery, turned. they are still in terms it: then ought he to be the informer will be of composition, and so the person that ought satisfied, and will take to obtain new days, to prefer unto the judges his whole moiety, for and to linger it on till or barons, as well the that he accounts to be a Parliament and a par- bills for the taxations no composition: that don come.
of the fines, as the or- done, none will be at Also, when the li- ders for giving further charge to return the cense is returned, and days, to the end that the postea," and to prothereupon the judge or court may be duly in- cure judgment and exebaron to sesse a fine; formed both of the cution for the king. For there is none for the weight of causes, and the informer hath that king to inform them of the delays therein used; he sought for, the clerks the nature of the of- and, lastly, he is to see will do nothing withfence; of the value to that the fines sessed, be' out fees paid, which,
there being no man to
therefore some entry prosecute, there can be
ought to be made of no man likewise to pay;
them. and so the king loseth his moiety, when his
There be other points wherein the officer may title appears by verdict.
be of good use, which may be comprehended in 3. It falleth out some- 3. The officer in such his grant or instructions, wherewith I will not times in informations of case, is to inform the now trouble your majesty, for I hold these to be weight, and worthy to king's learned counsel, the principal. be prosecuted, the in- that they may prosecute Thus have I, according to your majesty's former dieth, or falls to if they think fit. reference, certified my opinion of that part of poverty, or his mouth
Sir Stephen Proctor's projects, which concerneth is stopped, and yet so
penal laws: which I do wholly and most humbly as no man can charge
submit to your majesty's high wisdom and judghim with composition,
ment, wishing withal that some conference may and so the matter dieth.
be had by Mr. Chancellor and the barons, and 4. There be sundry 4. The officer is to the rest of the learned counsel, to draw the seizures made, in case take knowledge of such service to a better perfection. And most speciwhere the laws give seizures, and to give ally that the travels therein taken may be conseizures, which are re- information to the court sidered and discerned of by the lord treasurer, leased by agreements concerning them. whose care and capacity is such, as he doth underhand, and so mo- This is of more diffi- always either find or choose that which is best ney wrested from the culty, because seizures for your majesty's service. subject, and no benefit are matter in fact, The recompense unto the gentleman, it is not to the king.
whereas suits are matter my part to presume to touch, otherwise than to All seizures once of record: and it may re- put your majesty in remembrance of that propormade, ought not to be quire more persons to be tion, which your majesty is pleased to give to discharged, but by or employed, asat theports, others out of the profits they bring in, and perder of the court, and where is much abuse. haps with a great deal less labour and charge.
ADVICE TO THE KING,
MR. SUTTON'S ESTATE.
MAY IT PLEASE your MAJESTY,
and the very nature of the work itself, in the
vast and unfit proportions thereof, being apt to I find it a positive precept of the old law, provoke a misemployment: it is no diligence of that there should be no sacrifice without salt: 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 buildspiritual wisdom and judgment, as it be not ing fit for a prince's habitation, for an hospital, easily subject to be corrupted and perverted : is all one as if one should give in alms a rich for salt, in the Scripture, is a figure both of embroidered cloak to a beggar. And certainly a wisdom and lasting. This cometh into my man may see “ tanquam quæ oculis cernuntur," mind, upon this act of Mr. Sutton, which that if such an edifice, with six thousand pounds seemeth to me as a sacrifice without salt; having revenue, be erected into one hospital, it will in the materials of a good intention, but not pow- small time degenerate to be made a preferment dered with any such ordinances and institutions of some great person to be master, and he to as may preserve the same from turning corrupt, take all the sweet, and the poor to be stinted, and or at least from becoming unsavoury, and of little take but the crumbs; as it comes to pass in divers use. For though the choice of the feoffees be hospitals of this realm, which have but the names of the best, yet neither can they always live; 1 of hospitals, and are only wealthy benefices in respect of the mastership; but the poor, which in the beginning, that in these great hospitals the is the “propter quid,” little relieved. And the revenues will draw the use, and not the use the like hath been the fortune of much of the alms revenues; and so, through the mass of the wealth, of the Roman religion in their great foundations, they will swiftly tumble down to a misemploywhich being begun in vainglory and ostentation, ment. And if any man say, that in the two hoshave had their judgment upon them, to end in pitals in London there is a precedent of greatness corruption and abuse. This meditation hath concurring with good, employment; let him conmade me presume to write these few lines to sider that those hospitals have annual governors, your majesty; being no better than good wishes, that they are under the superior care and powhich your majesty's great wisdom may make licy of such a state as the city of London; and, something or nothing of.
chiefly, that their revenues consist not upon cer. Wherein I desire to be thus understood, that if tainties, but upon casualties and free gifts, which this foundation, such as it is, be perfect and good gifts would be with held, if they appeared once to be in law, then I am too well acquainted with your perverted; so as it keepeth them in a continual majesty's disposition, to advise any course of good behaviour and awe to employ them aright; power or profit that is not grounded upon a right: none of which points do match with the present nay, farther, if the defects be such as a court of case. equity may remedy and cure, then I wish that, as The next consideration may be, whether this St. Peter's shadow did cure diseases, so the very intended hospital, as it hath a more ample endowshadow of a good intention may cure defects of ment than other hospitals have, should not likethat nature. But if there be a right, and birth- wise work upon a better subject than other poor; right planted in the heir, and not remediable by as that it should be converted to the relief of courts of equity, and that right be submitted to maimed soldiers, decayed merchants, householders your majesty, whereby it is both in your power aged, and destitute churchmen, and the like; and grace what to do: then I do wish that this whose condition, being of a better sort than loose rude mass and chaos of a good deed were directed people and beggars, deserveth both a more liberal rather to a solid merit, and durable charity, than stipend and allowance, and some proper place of to a blaze of glory, that will but crackle a little in relief, not intermingled or coupled with the talk, and quickly extinguish.
basest sort of poor; which project, though speAnd this may be done, observing the species cious, yet, in my judgment, will not answer the of Mr. Sutton's intent, though varying “in indi designment in the event, in these our times. For viduo:” for it appears that he had in notion a certainly few men in any vocation, which have triple good, a hospital, and a school, and maintain- been somebody, and bear a mind somewhat acing of a preacher: which individuals refer to cording to the conscience and remembrance of that these three general heads; relief of poor, ad- they have been, will ever descend to that condivancement of learning, and propagation of reli- tion, as to profess to live upon alms, and to begion. Now, then, if I shall set before your majesty, come a corporation of declared beggars; but 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 like to be the most fruitful and effectual use of friends: so that the end of such an institution such a beneficence, and least like to be perverted; will be, that it will make the place a receptacle 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 loirepresented, election may be best grounded. terers, and cast serving-men, and drunkards, with
Concerning the relief of the poor; I hold some scandal rather than fruit to the commonwealth. number of hospitals, with competent endowments, And of this kind I can find but one example with will do far more good than one hospital of an us, which is the alms-knights of Windsor; which exorbitant greatness: for though the one course particular would give a man a small encouragewill be the more seen, yet the other will be the ment to follow that precedent. more felt.
For if your majesty erect many, Therefore the best effect of hospitals is, to make besides the observing the ordinary maxim, the kingdom, if it were possible, capable of that “ Bonum, quo communius, eo melius,” choice law, that there be no beggar in Israel:' for it is may be made of those towns and places where that kind of people that is a burden, an eyesore, there is most need, and so the remedy may be a scandal and seed of peril and tumult in the state. distributed as the disease is dispersed. Again, But chiefly it were to be wished, that such a begreatness of relief, accumulated in one place, doth neficence towards the relief of the poor were so rather invite a swarm and surcharge of poor, than bestowed, as not only the mere and naked poor relieve those that are naturally bred in that place; should be sustained, but, also, that the honest like to ill-tempered medicines, that draw more person which hath hard means to live, upon whom humour to the part than they evacuate from it. the poor are now charged, should be in some sort But chiefly I rely upon the reason that I touched leased : for that were a work generally acceptable to the kingdom, if the public hand of alms might hath made a beginning, so this occasion is offered spare the private hand of tax: and, therefore, of of God to make a proceeding. Surely readers in all other employments of that kind, I commend the chair are as the parents in sciences, and most houses of relief and correction, which are deserve to enjoy a condition not inferior to their mixed hospitals; where the impotent person is re- children, that embrace the practical part; else no lieved, and the sturdy beggar buckled to work; and man will sit longer in the chair, than till he can the unable person also not maintained to be idle, walk to a better preferment: and it will come to which is ever joined with drunkenness and im- pass as Virgil saith, purity, but is sorted with such work as he can ma- “ Ut patrum invalidi referant jejunia nati." nage and 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 general and promiscuous: so that they may take want the chief and solid dimension, which is off poor of every sort from the country as the depth; and to become but pretty and compendious country breeds them: and thus the poor them- habits of practice. Therefore, I could wish that 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; if it be objected, that houses of correction in all as of the three heads of science, philosophy, arts places have not done the good expected, as it of speech, and the mathematics; were raised in cannot be denied, but in most places they have their pensions unto 1001. per annum apiece: done much good, it must be remembered that there which, though it be not near so great as they are 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 in houses of correction of a competent and certain spirits are that are fittest for lectures. Thus may 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. greatest men of your kingdom: That for grammar Concerning propagation of religion, I shall in schools, there are already too many, and, therefore, few words set before your majesty three proposino 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 venient, and one of them dangerous. For by we shall not still proceed single, but shall, as it 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 perturing 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 youth or otherother vocations, and unprofitable for that in which wise ; for I doubt not but there are in Spain, Italy, they are brought up; which fills the realm full and other countries of the Papists, many whose of indigent, idle, and wanton people, which are hearts are touched with a sense of those corrupbut - materia rerum novarum."
tions, and an acknowledgment of a better way; Therefore, in this point, I wish Mr. Sutton's which grace is many times smothered and choked, intention were exalted a degree; that that which through a worldly consideration of necessity and he meant for teachers of children, your majesty want; men not knowing where to have succour should make for teachers of men; wherein it hath and refuge. This likewise I hold a work of great been my ancient opinion and observation, that in piety, and a work of great consequence; that we the universities of this realm, which I take to be also may be wise in our generation; and that the of the best endowed universities of Europe, there watchful and silent night may be used as well for is nothing more wanting towards the flourishing sowing of good seed, as of tares. state of learning, than the honourable and plentiful The third is, the imitation of a memorable and salaries of readers in arts and professions. In religious act of Queen Elizabeth; who, finding a which point, as your majesty's bounty already part of Lancashire to be extremely backward in Vol. II.-31
religion, and the benefices swallowed up in im. Thus have I briefly delivered unto your mapropriations, did, by decree in the duchy, erect jesty mine opinion touching the employment four stipends of 100l. per annum apiece for preach of this charity; whereby that mass of wealth, 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 giving the like extraordinary help.
CERTAIN OBSERVATIONS UPON A LIBEL
PUBLISHED THIS PRESENT YEAR, 1592,
A DECLARATION OF THE TRUE CAUSES OF THE GREAT TROUBLES PRESUPPOSED TO BE INTENDED
AGAINST THE REALM OF ENGLAND.
It were just and honourable for princes being | kind of proceeding, it will be found, that in the in wars together, that howsoever they prosecute whole course of her majesty's proceeding with their quarrels and debates by arms and acts of the King of Spain, since the amity interrupted, hostility; yea, though the wars be such, as they there was never any project by her majesty, or pretend the utter ruin and overthrow of the forces any of her ministers, either moved or assented and states one of another, yet they so limit their unto, for the taking away of the life of the said passions as they preserve two things sacred and king: neither hath there been any declaration or inviolable; that is, the life and good name each writing of estate, no, nor book allowed, wherein of other. For the wars are no massacres and con- his honour hath been touched or taxed, otherwise fusions; but they are the highest trials of right; than for his ambition; a point which is neceswhen princes and states, that acknowledge no sarily interlaced with her majesty's own justifisuperior upon earth, shall put themselves upon cation. So that no man needeth to doubt but the justice of God for the deciding of their contro- that those wars are grounded, upon her majesty's versies by such success, as it shall please him to part, upon just and honourable causes, which give on either side. And as in the process of have so just and honourable a prosecution; conparticular pleas 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. honour; which laws have ever pronounced these But now if a man look on the other part, 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 society as are not to be cherished, no, not by war between foreigners, or by the presumption enemies. For in the examples of times which of his agents and ministers, than by the proper were less corrupted, we find that when, in the inclination of that king, there hath been, if not greatest heats and extremities of wars, there have plotted and practised, yet at the least comforted, been made offers of murderous and traitorous conspiracies against her majesty's sacred person: attempts against the person of a prince to the which, nevertheless, God's goodness hath used enemy, they have been not only rejected, but also and turned, to show by such miraculous disrevealed: and in like manner, when dishonourable coveries, into how near and precious care and mention' hath been made of a prince before an custody it hath pleased him to receive her enemy prince, by some that have thought therein majesty's life and preservation. But in the to please his humour, he hath showed himself, other point it is strange what a number of contrariwise, utterly distasted therewith, and been libellous and defamatory books and writings, ready to contest for the honour of an enemy. and in what variety, with what art and cunning
According to which noble and magnanimous handled, have been allowed to pass through