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may be made hereof amongst his majesty's people, so have ordered and decreed, that the same be not the court hath further ordered and decreed, that only read and published at the next assizes for the said Priest and Wright shall, at the next Surry, at such time as the said Priest and Wright assizes, to be holden in the county of Surry, are to acknowledge their offences as aforesaid; but publicly, in face of the court, the judges sitting, that the same be likewise published and made acknowledge their high contempt and offence known in all shires of this kingdom. And to against God, his majesty, and his laws, and show that end the justices of assizes are required by themselves penitent for the same.

this honourable court to cause this decree to be Moreover, the wisdom of this high and honour- solemnly read and published in all the places and able court thought it meet and necessary that all sittings of their several circuits, and in the greatsorts of his majesty's subjects should understand est assembly; to the end, that all his majesty's and take notice of that which hath been said and subjects may take knowledge and understand the handled this day touching this matter, as well by opinion of this honourable court in this case, and his highness's attorney-general, as by the lords in what measure his majesty and this honourjudges, touching the law in such cases. And, able court purposeth to punish such as shall fall therefore, the court hath enjoined Mr. Attorney to into the like contempt and offences hereafter. have special care to the penning of this 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 ticulars of his speech and declaration, as very in print, as he hath formerly done divers other meet and worthy 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 hereand penned, the whole court thought it meet, and after.

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FOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS, LETTERS SENT FROM THE LORDS

OF THE COUNCIL, TOUCHING THE BENEVOLENCE.

My Lords,

king our sovereign, the law of the land, the I shall inform you "ore tenus," against this parliament, and infinite particulars of his majesty's gentleman, Mr. I. S.; a gentleman, as it seems, of worthy and loving subjects. Nay, the slander is an ancient house and name; but, for the present, I of that nature, that it may seem to interest the can think of him by no other name, than the name people in grief and discontent against the state ; of a great offender. The nature and quality of his whence might have ensued matter of murmur and offence, in sum, is this: This gentleman hath, sedition. So that it is not a simple slander, but a upon advice, not suddenly by his pen, nor by the seditious slander, like to that the poet speaketh slip of his tongue; not privately, or in a corner, of—“Calamosque armare veneno.

" A venomous but publiciy, as it were, to the face of the king's dart, that hath both iron and poison. ministers and justices, slandered and traduced the To open to your lordships the true state of this offence, I will set before you, first, the occasion | five points: I will number them, because other whereupon Mr. I. S. wrought: then the offence men may note them; and I will but touch them, itself, in his own words: and, lastly, the points of because they shall not be drowned or lost in dishis charge.

course, which I hold worthy the observation, for My lords, you may remember that there was the honour of the state and confusion of slanderthe last parliament an expectation to have had the ers; whereby it will appear most evidently what king supplied with treasure, although the event care was taken, that that which was then done failed. Herein it is not fit for me to give opinion 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 never could perceive but that rective that doth correct and allay the harshness there was in that House a general disposition to and danger of former examples. give, and to give largely. The clocks in the The first is, that what was done was done im. House perchance might differ; some went too mediately after such a parliament, as made gene fast, some went too slow; but the disposition to ral profession to give, and was interrupted by give was general: so I think I may truly say, accident: so as you may truly and justly esteem it, “solo tempore lapsus amor.'

“ tanquam posthuma proles parliamenti," as an This accident happening thus beside expecta- after-child of the parliament, and in pursuit, in tion, it stirred up and awaked in divers of his some small measure, of the firm intent of a par. majesty's worthy servants and subjects of the liament past. You may take it also, if you will, clergy, the nobility, the court, and others here as an advance or provisional help until a future near at hand, an affection loving and cheerful, to parliament; or as a gratification simply, without present the king, some with plate, some with mo- any relation to a parliament; you can no ways ney, as free-will offerings, a thing that God Al- take it amiss. mighty loves, a cheerful giver: what an evil eye The second is, that it wrought upon example, doth I know not. And, my lords, let me speak as a thing not devised or projected, or required; it plainly unto you: God forbid anybody should no, nor so much as recommended, until many that 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 it is both. The subject petitioneth to the king in letters of news, what was done at London, than parliament. He petitioneth likewise out of par- otherwise: and we know “exempla ducunt, non 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. wise, and poureth them upon his people out of The third is, that it was not done by commisparliament; and so, no doubt, the subject may sion under the great seal; a thing warranted by give to the king in parliament, and out of par- a multitude of precedents, both ancient, and of liament.

It is true the parliament is “inter- late time, as you shall hear anon, and no doubt cursus magnus,” the great intercourse and main warranted by law: so that the commissions be current of graces and donatives from the king to of that style and tenor, as that they be to move the people, from the people to the king: but par- and not to levy: but this was done by letters of liaments are held but at certain times; whereas the council, and no higher hand or form. the passages are always open for particulars; 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 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 last point is, that the whole carter sort to follow. Whereupon, their lordships riage of the business had no circumstance comdevised and directed letters unto the sheriffs and pulsory. There was no proportion or rate set justices, which declared what was done here down, not so much as by way of a wish; there above, and wished that the country might be was no menace of any that should deny; no removed, 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 they must censure and inveigh, not to excuse more sorry they should be passed without severo themselves, but they must accuse the state, that punishment: "Non tradite factum," as the verse is another case. But I

say,

for denying, no man says, altered a little, “aut si traditis, facti quowas apprehended, no, nor noted. So that I verily que tradite pænam.” If any man have a mind think, that there is none so subtle a disputer to discourse of the fact, let him likewise discourse in the controversy of " liberum arbitrium," that of the punishment of the fact. can with all his distinctions fasten or carp upon In this writing, my lords, there appears a monthe act, but that there was free-will in it. ster with four heads, of the progeny of him that

I conclude, therefore, my lords, that this was a is the father of lies, and takes his name from true and pure benevolence; not an imposition slander. called a benevolence; which the statute speaks The first is a wicked and seditious slander; or, of; as you shall hear by one of my fellows. if I shall use the Scripture phrase, a blaspheming There is a great difference, I tell you, though of the king himself; setting him forth for a prince Pilate would not see it, between “Rex Judæo- perjured in the great and solemn oath of his coro. rum” and “se dicens Regem Judæorum.” And nation, which is as it were the knot of the diathere is a great difference between a benevolence dem; a prince that should be a violator and inand an exaction called a benevolence, which the fringer of the liberties, laws, and customs of the Duke of Buckingham speaks of in his oration to kingdom; a mark for a Henry the Fourth ; a the city; and defineth it to be not what the sub-match for a Richard the Second. ject of his good-will would give, but what the The second is a slander and falsification, and king of his good-will would take. But this, I wresting of the law of the land gross and palpasay, was a benevolence wherein every man had ble : it is truly said by a civilian, “Tortura lea prince's prerogative, a negative voice; and this gum pessima," the torture of laws is worse than word, “excuse moy," was a plea peremptory. the torture of men. And, therefore, I do wonder how Mr. I. S. could The third is a slander and false charge of the foul or trouble so clear a fountain; certainly it parliament, that they had denied to give to the was but his own bitterness and unsound humours. king; a point of notorious untruth.

Now to the particular charge: Amongst other And the last is a slander and a taunting of an countries, these letters of the lords came to the infinite number of the king's loving subjects, that justices of D-shire, who signified the contents have given towards this benevolence and free thereof, and gave directions and appointments contribution; charging them as accessary and cofor meetings concerning the business, to seve-adjutors to the king's perjury. Nay, you leave ral towns and places within that county: and us not there, but you take upon you a pontifical amongst the rest, notice was given unto the town habit, and couple your slander with a curse; but, of A. The Mayor of A. conceiving that this Mr. thanks be to God, we have learned sufficiently out 1. S. being a principal person, and a dweller in of the Scripture, that “as the bird flies away, so that town, was a man likely to give both money the causeless curse shall not come.” and good example, dealt with him to know his For the first of these, which concerns the king, mind : he intending, as it seems, to play prizes, I have taken to myself the opening and aggravawould give no answer to the mayor in private, tion thereof; the other three I have distributed to but would take time. The next day then being my fellows. an appointment of the justices to meet, he takes My lords, I cannot but enter into this part with occasion, or pretends occasion to be absent, be some wonder and astonishment, how it should cause he would bring his papers upon the stage: come into the heart of a subject of England to and thereupon takes pen in hand, and, instead of vapour forth such a wicked and venomous slanexcusing himself, sits down and contriveth a se- der against the king, whose goodness and grace 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 viocause 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(Here the papers were read.)

not express sufficiently; and the other, I will not

press too far.

My lords, I know this paper offends your ears My lords, I mean to make no panegyric or laumuch, and the ears of any good subject; and dative; the king delights not in it, neither am I sorry I am that the times should produce offences fit for it: but if it were but a counsellor or noble of this nature: but since they do, I would be man, whose name had suffered, and were to Vol. II.-39

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receive some kind of reparation in this high court, so oft with his judges, as my lords that sit here I would do him that duty as not to pass his merits know well. The judges are a kind of council of and 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 burn 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 said to be a violator of the liberties, laws, and him, and to debate matters with him; and in the customs of his kingdoms? Or is he not rather a fall and conclusion commonly relies on their moble and constant protector and conservator of opinions. them all? I conceive this consisteth in main- As for the use of the prerogative, it runs within taining religion and the true church; in main. the ancient channels and banks: some things that taining the laws of the kingdom, which is the were conceived to be in some proclamations, comsubject's birthright: in temperate use of the pre- missions, and patents, as overflows, have been by rogative; in due and free administration of jus- his wisdom and care reduced; whereby, no doubt, tice, and conversation of the peace of the land. the main channel of his prerogative is so much the

For religion, we must ever acknowledge, in the stronger. For evermore overflows do hurt the first place, that we have a king that is the prin- channel. cipal conservator of true religion through the As for administration of justice between party 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 wherein also he is potent.

for countenance or delay of causes : protections He hath awaked and re-authorized the whole rarely granted, and only upon great ground, or by party of the reformed religion throughout Europe; consent. My lords here of the council, and the which, through the insolency and divers artifices king himself meddle not, as hath been used in and enchantments of the adverse part, was grown former times, with matters of “meum” and 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, hath made himself a mark of contradiction for it. without which there is no standing before justice,

Neither can I 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 church of God is one, and the contagion of these Hobart, that served attorney seven years. I things will soon pass seas and lands : I mean, in served with him. We were so happy, as there his constant and holy proceeding against the passed not through our hands any one arraignheretic 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 was begun, his majesty by his constant opposition came forth in any king's time. dismounted and pulled down. And I am persuaded As for penal laws, which lie as snares upon the 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 that service.

scarce pay for the parchment of the king's records I 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 amongst kings, he is incomparable in his person; name,“ a prince of peace :" he hath preserved so likewise hath he been in his government a his subjects during his reign in peace, both withbenign or benevolent planet towards learning: by in and without. For the peace with states whose influence those nurseries and gardens of abroad, we have it usque ad satietatem :" and learning, the universities, were never more in for peace in the lawyers' phrase, which count flower nor fruit.

trespasses, and forces, and riots, to be “contra 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 doth concur with the votes of the nobles: “Nolu- better sign of "omnia bene,” than when this mus leges Angliæ mutare.” He is an enemy of court is in a stiil. innovation. Neither doth the universali 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 the very forms of the laws of the land. Neither was there was never king reigned in this nation that there ever king, I am persuaded, that did consult did better keep covenant in preserving the liberties

and procuring the good of his people : so that I upon the block; and that he would sooner have must needs say for the subjects of England, the ravens sit upon his head at London bridge,

than the crown at Westminster. And it is not “O fortunatos nimium sua si boni norint ;"

your interlacing of your “God forbid,” that will as no doubt they do both know and acknowledge salve these seditious speeches; neither could it it; whatsoever a few turbulent discoursers may, be a forewarning, because the matter was past through the lenity of the time, take boldness to and not revocable, but a very stirring up and speak.

incensing of the people. If I should say to you, And as for this particular, touching the benevo-for example, “If these times were like some lence, wherein Mr. I. S. doth assign this breach former times, of King Henry VIII., or some other of covenant, I leave it to others to tell 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 I 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. introducing a new precedent, as it doth rather And for your comparison with Richard II., I correct, and mollify, and qualify former pre- see you follow the example of them that brought cedents.

him upon the stage, and into print, in Queen Now, Mr. I. S., let me tell you your fault in Elizabeth's time, a most prudent and admirable few words: for that I 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 find it. Your offence hath three parts knit together: King Edward I., or some other parallels to which Your slander,

they are alike. And this I would wish both you Your menace, and

and all to take heed of, how you speak seditious Your comparison.

matter in parables, or by tropes or examples. For your slander, it is no less than that the king There is a thing in an indictment called an is perjured in his coronation oath. No greater inuendo; you must beware how you beckon or 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. aggravate.

I may hold you for turbulent or presumptuous ; Your menace, that if there were a Bullingbroke, but I hope you are not disloyal : you are graciously or I cannot tell what, there were matter for him, and mercifully dealt with. And, therefore, having is a very seditious passage. You know well, now opened to my lords, and, as I think, to your that howsoever Henry the Fourth's act, by a secret own heart and conscience, the principal part of providence of God, prevailed, yet it was but a your offence, which concerns the king, I leave the 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 would be Solicitor.

THE CHARGE

OF SIR FRANCIS BACON, KNIGHT,

THE KING'S ATTORNEY GENERAL,

AOAINST

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.

The offence wherewith I shall charge the three i The king amongst many his princely virtues is offenders at the bar, is a misdemeanor of a high known to excel in that proper virtue of the impenature, tending to the defacing and scandal of rial throne, which is justice. It is a royal virtue, justice in a great cause capital. The particular which doth employ the other three cardinal virtues charge is this :

| in her service : wisdom to discover, and discern

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