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favours of the time; save only that it was put into Page 43, he saith, That his lordship, whom he the queen's head that it was dangerous to permit calleth the arch-politic, hath fraudulently provided, him to go beyond the sea, because he had a great that when any priest is arraigned, the indictment wit of action, and had served in so principal a is enforced with many odious matters: wherein place; which nevertheless after, with Cardinal he showeth great ignorance, if it be not malice; Pool, he was suffered to do.
for the law permitteth not the ancient forms of Page “ eadem” he saith, Sir Nicholas Bacon, indictments to be altered; like as, in an action that was lord keeper, was a man of exceedingly of trespass, although a man take away another's crafty wit; which showeth that this fellow in his goods in the peaceablest manner in the world, yet slanders is no good marksman, but throweth out the writ hath “quare vi et armis;" and if a man his words of defaming without all level. For all enter upon another's ground, and do no more, the the world noted Sir Nicholas Bacon to be a man plaintiff mentioneth “quod herbam suam, ibidem plain, direct, and constant, without all finesse crescentem, cum equis, bobus, porcis, et bidenand doubleness; and one that was of the mind that tibus, depastus sit, conculcavit et consumpsit.” a man in his private proceedings and estate, and Neither is this any absurdity, for in the practice in the proceedings of state, should rest upon the of all law, the formularies have been few and soundness and strength of his own courses, and not certain; and not varied according to every partiupon practice to circumvent others; according to cular case. And in indictments also of treason, the sentence of Solomon, “Vir prudens advertit it is not so far fetched as in that of trespass; for ad gressus suos, stultus autem divertit ad dolos :"the law ever presumeth in treason, an intention insomuch that the Bishop of Ross, a subtle and of subverting the state, and impeaching the observing man, said of him, that he could fasten majesty royal. no words upon him, and that it was impossible to Page 45, and in other places, speaking of the come within him, because he offered no play: and persecuting of the Catholics, he still mentioneth the queen-mother of France, a very politic prin- howellings and consuming men's entrails by fire; cess, said of him, that he should have been of the as if this were a torture newly devised: wherein council of Spain, because he despised the occur. he doth cautelously and maliciously suppress, that rents, and rested upon the first plot: so that if he the law and custom of this land from all antiquity were crafty, it is hard to say who is wisc. hath ordained, that punishment in case of treason,
Page 10, he saith, That the Lord Burleigh, in and permitteth no other. And a punishment the establishment of religion, in the beginning of surely it is, though of great terror, yet by reason the queen's time, prescribed a composition of his of the quick despatching, of less torment far than own invention; whereas the same form, not fully either the wheel or forcipation, yea, than simple six years before, had been received in this realm burning. in King Edward's time: so as his lordship being Page 48, he saith, England is confederate with a Christian politic counsellor, thought it better to the great Turk : wherein, if he mean it because follow a precedent, than to innovate ; and chose the merchants have an agent in Constantinople, the precedent rather at home than abroad. how will he answer for all the kings of France,
Page 41, he saith, That Catholics never at- since Francis the First, which were good Cathotempted to murder any principal person of her lics ? For the emperor? For the King of Spain majesty's court, as did Burchew, whom he calleth himself? For the senate of Venice, and other a puritan, in wounding of a gentleman instead of states, that have had long time ambassadors Sir Christopher Hatton; but by their great virtue, liegers in that court? If he mean it because the modesty, and patience, do manisest in themselves Turk hath done some special honour to our 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 by 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 images hath Cæsar, “eum ad evertendam rempublicam so- been in the church, as having been one of 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 late commonly they look not so low as the counsel- very near to have been elected pope. Whereby Jors. but have bent their murderous attempts im- he would put the Catholics here in some hope, mediately against her majesty's sacred person, that once within five or six years, for a pope which God have in his precious custody! as may commonly sitteth no longer, he may obtain that appear by the conspiracy of Sommerville, Parry, which he missed narrowly. This is a direct Savage, the six, and others; nay, they have de- abuse, for it is certain in all the conclaves sinco fended it in thesi," to be a lawful act.
Sixtus Quintus, who gave him his hat, he was never in possibility; nay, the King of Spain, that council, who hath neither wit nor experience; hath patronised the church of Rome so long, as 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 liketh, yet the gentleman, that he hath one of the rarest and never durst strain his credit to so desperate a most excellent wits of England, with a singular point as once to make a canvass for him: no, he delivery and application of the same; whether it never nominated him in his inclusive narration. be to use a continued speech, or to negotiate, or And those that know any thing of the respects to couch in writing, or to make report, or discreetly of conclaves, know that he is not papable: first, to consider of the circumstances, and aptly to because he is an ultramontane, of which sort there draw things to a point; and all this joined with hath been none these fifty years. Next, because a very good nature and a great respect to all men, he is a cardinal of alms of Spain, and wholly at as is daily more and more revealed. And for his the devotion of that king. Thirdly, because he experience, it is easy to think that his training is like to employ the treasure and favours of the and helps hath made it already such, as many, popedom upon the enterprizes of England, and that have served long prentishood for it, have not the relief and advancement of English fugitives, attained the like: so as if that be true, “qui his necessitous countrymen. So as he presumed beneficium digno dat, omnes obligat,” not his much upon the simplicity of the reader in this father only but the state is bound unto her majesty, point, as in many more.
for the choice and employment of so sufficient Page 55, and again p. 70, he saith, His lord- and worthy a gentleman. ship, meaning the Lord Burleigh, intendeth to There be many other follies and absurdities in 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 nation, without any circumstance at all to induce make the author not only odious, but ridiculous it, more than that they are both unmarried, and and contemptible to the world: but I pass them that their years agree well, needeth no answer. over, and even this which hath been said hath It is true that his lordship, being no stoical unna- 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 reipublicæ 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 higher than his lordship hath done. But yet it of some of them for an assay. is not seen by any thing past, that his lordship These men are grown to a singular spirit and ever thought, or affected to match his children in faculty in lying and abusing the 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 disleave 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 ScripPage 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 annunciaIreland; 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 the Earl of Sussex and the Lord Grey, have been was used to be celebrated upon the eighth of Seppersons of meaner degree than Sir Thomas Cecil tember, the vigil whereof happened to be the nais; and the most that is gotten by that place, is tivity of our queen : which though we keep not 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 he serveth 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 sure, at his return.
the same day in our calendar: whereupon they Page “ eadem" he saith, He hath brought in have published, that we have expunged the natihis second son, Sir Robert Cecil, to be of the vity of the blessed Virgin, and put instead there
of the nativity of our queen: and, farther, that we pion of the heretics in his very last words cried sing certain hymns unto her, used to be sung unto he was confounded. our Lady.
In the act of recognition of “primo," whereby It happened that, upon some bloodshed in the the right of the crown is acknowledged by parliachurch of Paul's, according to the canon law, ment to be in her majesty, the like whereof was yet with us in force, the said church was inter- used in Queen Mary's time, the words of limitadicted, and so the gates shut up for some few tion are, " in the queen's majesty, and the natudays; whereupon they published, that, because ral heirs of her body, and her lawful successors.” the same church is a place where people use to Upon which word, natural, they do maliciously, meet to walk and confer, the queen's majesty, and indeed villanously gloss, that it was the inafter the manner of the ancient tyrants, had for- tention of the parliament, in a cloud to convey the bidden all assemblies and meetings of people to-crown to any issue of her majesty's that were ilgether, and for that reason, upon extreme jealousy, legitimate; whereas the word heir doth with us did cause Paul's gates to be shut up.
so necessarily and pregnantly import lawfulness, The gate of London called Ludgate, being in as it had been indecorum, and uncivil speaking decay, was pulled down, and built anew; and of the issues of a prince, to have expressed it. on the one side was set up the image of King They set forth in the year a book with Lud and his two sons; who, according to the tables and pictures of the persecutions against name, was thought to be the first founder of that Catholics, wherein they have not only stories of gate; and on the other side, the image of her ma- fifty years old to supply their pages, but also taken jesty, in whose time it was re-edified; where all the persecutions of the primitive church, under upon they published that her majesty, after all the heathen, and translated them to the practice 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. principal gate of London, to be adored; and that I conclude, then, that I know not what to make all men were forced to do reverence to it as of this excess in avouching untruths, save this, they passed by, and a watch there placed for that that they may truly chant in their quires; purpose.
“ Linguam nostram magnificabimus, labia nostra Mr. Jewel, the Bishop of Salisbury, who accord- nobis sunt:” and that they who have long ago ing to his life died most godly and patiently, at forsaken the truth of God, which is the touchthe point of death used the versicle of the hymn, stone, must now hold by the whetstone; and that “Te Deum, O Lord, in thee have I trusted, let me their ancient pillar of lying wonders being denever be confounded;" whereupon, suppressing cayed, they must now hold by lying slanders, and the rest, they published, that the principal cham- I make their libels successors to their legend.
SIR FRANCIS BACON, KNIGHT,
CHOSEN BY THE COMMONS TO PRESENT
A PETITION TOUCHING PURVEYORS.
DELIVERED TO HIS MAJESTY IN THE WITHDRAWING-CHAMBER AT WHITEHALL,
IN THE PARLIAMENT HELD PRIMO ET SECUNDO JACOBI, THE FIRST SESSION.
It is well known to your majesty, excellent | Francis Goodwin, and that of the union; whereby, king, that the Emperors of Rome, for their better it seemeth unto us, the one of these being so subtle glory and ornament, did use in their titles the a question of law; and the other so high a cause additions of the countries and nations where they of estate, that, as the Scripture saith of the wisest had obtained victories; as “ Germanicus, Britan- king, “ that his heart was as the sands of the nicus,” and the like. But after all those names, sea;" which, though it be one of the largest and as in the higher place, followed the name of " pater vastest bodies, yet it consisteth of the smallest patriæ," as the greatest name of all human honour, motes and portions; so, I say, it appeareth unto immediately preceding that name of Augustus; us in these two examples, that God hath given whereby they took themselves to express some your majesty a rare sufficiency, both to compass affinity that they had, in respect of their office, and fathom the greatest matters, and to discern with divine honour. Your majesty might, with the least. And for matter of praise and commendagood reason, assume to yourself many of those tion, which chiefly belongeth to goodness, we 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 as appertaining to you not by bloodshed, as they reign, “ infra orbem anni vertentis,” hath endeabare 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 of Europe are met and united. But no name is burdened and oppressed. more worthy of you, nor may more truly be In the last of these your high merits, that is, ascribed unto you, than that name of father of the ease and comfort of your people, doth fall out your people, which you bear and express not in to be comprehended the message which I now the formality of your style, but in the real course bring unto your majesty, concerning the great of your government. We ought not to say unto grievance arising by the manifold abuses of puryou, as was said to Julius Cæsar, “ Quæ miremur, veyors, differing in some degree from most of the habemus; quæ laudemus, expectamus :" that we things wherein we deal and consult; for it is true, have already wherefore to admire you, and that that the knights, citizens, and burgesses, in parlianow we expect somewhat for which to commend ment assembled, are a representative body of your 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 possessed us since this parliament began, in those in this grier ce, being of that nature whereunto two causes wherein we have had access unto you, the poor people is most exposed, and men of and heard your voice; that of the return of Sir quality less, we shall most humbly desire your majesty to conceive, that your majesty doth not | name; for instead of takers, they become taxers; hear our opinions or senses, but the very groans instead of taking provision for your majesty's and complaints themselves of your Commons, service, they tax your people “ad redimendam more truly and vively, than by representation. vexationem:" imposing upon them, and extorting For there is no grievance in your kingdom so from them, divers sums of money, sometimes in general, so continual, so sensible, and so bitter gross, sometimes in the nature of stipends annuunto the common subject, as this whereof we now ally paid, “ne noceant,” to be freed and eased speak; wherein it may please your majesty to of their oppression. Again, they take trees, vouchsafe me leave, first, to set forth unto you the which by law they cannot do; timber trees, dutiful and respective carriage of our proceeding; which are the beauty, countenance, and shelter next, the substance of our petition; and, thirdly, of men's houses; that men have long spared some reasons and motives which in all humble- from their own purse and profit; that men esteem, ness we do offer to your majesty's royal considera- for their use and delight, above ten times the tion or commiseration; we assuring ourselves that value; that are a loss which men cannot repair never king reigned that had better notions of head, or recover. These do they take, to the defacing and motions of heart, for the good and comfort of and spoiling of your subjects' mansions and dwellhis loving subjects.
ings, except they may be compounded with to For the first: in the course of remedy which their own appetites. And if a gentleman be too we desire, we pretend not, nor intend not, in any hard for them while he is at home, they will sort, to derogate from your majesty's prerogative, watch their time when there is but a bailiff or a nor to touch, diminish, or question any of your servant remaining, and put the axe to the root of majesty's regalities or rights. For we seek no- the tree, ere ever the master can stop it. Again, thing but the reformation of abuses, and the they use a strange and most unjust exaction, in execution of former laws whereunto 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 yet in extremity and height of them, are most to part with, and had for the provision of his own of them new, we content ourselves with the old family, and not to put to sale, taken from him, laws; only we desire a confirmation and quicken- and that not at a just price, but under the value, ing of them in their execution; so far are we and cometh to receive his money, he shall have 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 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 respects your natural person. But yet, notwith- credible, that they will take double poundage, standing, most excellent king, to use that freedom once when the debenture is made, and again the which to subjects that pour out their griefs before second time when the money is paid. 80 gracious a king, is allowable, we may very For the second point, most gracious sovereign, well allege unto your majesty a comparison or touching the quantity which they take, far above 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 multiplication. For it is affirmed 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 subno 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 seinto three sorts; the first, they take in kind that curely, what do they? Whereas divers statutes they ought not to take; the second, they take in do strictly provide, that whatsoever they take, quantity a far greater proportion than cometh to shall be registered and attested, to the end that, your majesty's use; the third, they take in an by making a collation of that which is taken from unlawful manner; in a manner, I say, directly the country, and that which is answered above, and expressly prohibited by divers laws. their deceits might appear; they, to the end to For the first of these, I am a little to alter their obscure their deceits, utterly omit the observation * St. Augustine.
of this, which the law prescribeth.