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May it please your honourable good lordships: Concerning this doctrine of Suarez, I do not perceive, by what I have read in this book, that the same doth concern matter of faith, the controversy growing upon exposition of Scriptures and councils, wherein being ignorant and not studied, I cannot take upon me to judge; but I do submit my opinion therein to the judgment of the catholic Roman church, as in all other points concerning faith I do. And for matter concerning my loyalty, I do acknowledge my sovereign liege Lord King James, to be lawful and undoubted King of all the kingdoms of England, Scotland, and Ireland; and I will bear true faith and allegiance to his Highness during my life. WILLIAM TALBOT.

derision; "nihil tam verens, quam ne dubitare ali- | might declare himself. Whereupon, under his hand, qua de re videretur:" one that fears nothing but this, he subscribes thus; lest he should seem to doubt of any thing. A fellow that thinks with his magistrality and goose-quill to give laws and menages to crowns and sceptres. In this man's writing, this doctrine of deposing or murdering kings seems to come to a higher elevation than heretofore; and it is more arted and positived than in others. For in the passages which your lordships shall hear read anon, I find three assertions which run not in the vulgar track, but are such as wherewith men's ears, as I suppose, are not much acquainted; whereof the first is, That the pope hath a superiority over kings, as subjects, to depose them; not only for spiritual crimes, as heresy and schism, but for faults of a temporal nature; forasmuch as a tyrannical government tendeth ever to the destruction of souls. So by this position, kings of either religion are alike comprehended, and none exempted. The second, that after a sentence given by the pope, this writer hath defined of a series, or succession, or substitution of hangmen, or bourreaux, to be sure, lest an executioner should fail. For he saith, That when a king is sentenced by the pope to deprivation or death, the executioner, who is first in place, is he to whom the pope shall commit the authority, which may be a foreign prince, it may be a particular subject, it may be general to the first undertaker. But if there be no direction or assignation in the sentence special nor general, then, de jure, it appertains to the next successor, a natural and pious opinion; for commonly they are sons, or brothers, or near of kin, all is one: so as the successor be apparent; and also that he be a catholic. But if he be doubtful, or that he be no catholic, then it devolves to the commonalty of the kingdom; so as he will be sure to have it done by one minister or other. The third is, he distinguisheth of two kinds of tyrants, a tyrant in title, and a tyrant in regiment: the tyrant in regiment cannot be resisted or killed without a sentence precedent by the pope; but a tyrant in title may be killed by any private man whatsoever. By which doctrine he hath put the judgment of king's titles, which I will undertake are never so clean but that some vain quarrel or exception may be made unto them, upon the fancy of every private man; and also couples the judgment and execution together, that he may judge him by a blow, without any other

sentence.

Your lordships see what monstrous opinions these are, and how both these beasts, the beast with seven heads, and the beast with many heads, pope and people, are at once let in, and set upon the sacred persons of kings.

Now to go on with the narrative; there was an extract made of certain sentences and portions of this book, being of this nature that I have set forth, by a great prelate and counsellor, upon a just occasion; and there being some hollowness and hesitation in these matters, wherein it is a thing impious to doubt, discovered and perceived in Talbot; he was asked his opinion concerning these assertions, in the presence of the best; and afterwards they were delivered to him, that upon advice, and sedato animo, he

My lords, upon these words I conceive Talbot hath committed a great offence, and such a one, as if he had entered into a voluntary and malicious publication of the like writing, it would have been too great an offence for the capacity of this court. But because it grew by a question asked by a council of estate, and so rather seemeth, in a favourable construction, to proceed from a kind of submission to answer, than from any malicious or insolent will; it was fit, according to the clemency of these times, to proceed in this manner before your lordships: and yet let the hearers take these things right; for certainly, if a man be required by the council to deliver his opinion whether king James be king or no? and he deliver his opinion that he is not, this is high treason: but I do not say that these words amount to that; and therefore let me open them truly to your lordships, and therein open also the understanding of the offender himself, how far they reach.

My lords, a man's allegiance must be independent and certain, and not dependent and conditional. Elizabeth Barton that was called the holy maid of Kent, affirmed, that if king Henry VIII. did not take Catharine of Spain again to his wife within a twelvemonth, he should be no king: and this was treason. For though this act be contingent and future, yet the preparing of the treason is present.

And in like manner, if a man should voluntarily publish or maintain, that whensoever a bull of deprivation shall come forth against the king, that from thenceforth he is no longer king; this is of like nature. But with this I do not charge you neither; but this is the true latitude of your words, That if the doctrine touching the killing of kings be matter of faith, then you submit yourself to the judgment of the catholic Roman church: so as now, to do you right, your allegiance doth not depend simply upon a sentence of the pope's deprivation against the king; but upon another point also, if these doctrines be already, or shall be declared to be matter of faith. But, my lords, there is little won in this: there may be some difference to the guilt of the party, but there is little to the danger of the king. For the same pope of Rome may, with the same breath, declare both. So as still, upon the matter, the king is made

but tenant at will of his life and kingdoms; and the allegiance of his subjects is pinned upon the pope's acts. And certainly, it is time to stop the current of this opinion of acknowledgment of the pope's power in temporalibus; or else it will sap and supplant the seat of kings. And let it not be mistaken, that Mr. Talbot's offence should be no more than the refusing the oath of allegiance. For it is one thing to be silent, and another thing to affirm. As for the point of matter of faith, or not of faith, to tell your lordships plain, it would astonish a man to see the gulf of this implied belief. Is nothing excepted from it? If a man should ask Mr. Talbot, Whether he do condemn murder, or adultery, or rape, or the doctrine of Mahomet, or of Arius, instead of Suarez? Must the answer be with this exception, that if the question concern matter of faith, as no question it doth, for the moral law is matter of faith, that therein he will submit himself to what the church shall determine? And, no doubt, the murder of princes is more than simple murder. But

to conclude, Talbot, I will do you this right, and I will not be reserved in this, but to declare that that is true; that you came afterwards to a better mind; wherein if you had been constant, the king, out of his great goodness, was resolved not to have pro| ceeded with you in course of justice; but then again you started aside like a broken bow. So that by your variety and vacillation you lost the acceptable time of the first grace, which was not to have convented you.

Nay, I will go farther with you your last submission I conceive to be satisfactory and complete; but then it was too late, the king's honour was upon it; it was published, and a day appointed for hearing; yet what preparation that may be to the second grace of pardon, that I know not: but I know my lords, out of their accustomed favour, will admit you not only to your defence concerning that that hath been charged, but to extenuate your fault by any submission that now God shall put into your mind to make.

A CHARGE GIVEN

BY SIR FRANCIS BACON, KNIGHT,

HIS MAJESTY'S ATTORNEY GENERAL,

AGAINST

MR. OLIVER SAINT JOHN,

FOR SCANDALIZING AND TRADUCING IN THE PUBLIC SESSIONS, LETTERS SENT FROM THE LORDS, OF THE COUNCIL TOUCHING THE BENEVOLENCE.

MY LORDS,

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

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To open to your lordships the true state of this offence, I will set before you, first, the occasion whereupon Mr. I. S. wrought: then the offence itself in his own words: and lastly, the points of his charge.

My lords, you may remember that there was the last parliament an expectation to have had the king supplied with treasure, although the event failed. Herein it is not fit for me to give opinion of a house of parliament, but I will give testimony of truth in all places. I served in the lower house, and I observed somewhat. This I do affirm, that I never could perceive but that there was in that house a general disposition to give, and give largely. The clocks in the house perchance might differ; some went too fast, some went too slow; but the disposition to give was general: so that I think I may truly say, "solo tempore lapsus amor."

This accident happening thus besides expectation, it stirred up and awaked in divers of his Majesty's worthy servants and subjects of the clergy, the nobi

lity, the court, and others here near at hand, an affection loving and cheerful, to present the king some with plate, some with money, as free-will offerings, a thing that God Almighty loves, a cheerful giver what an evil eye doth I know not. And, my lords, let me speak it plainly unto you: God forbid any body should be so wretched as to think that the obligation of love and duty, from the subject to the king, should be joint and not several. No, my lords, it is both. The subject petitioneth to the king in parliament. He petitioneth likewise out of parliament. The king on the other side gives graces to the subject in parliament: he gives them likewise, and poureth them upon his people out of parliament and so no doubt the subject may give to the king in parliament, and out of parliament. It is true the parliament is intercursus magnus, the great intercourse and main current of graces and donatives from the king to the people, from the people to the king: but parliaments are held but at certain times whereas the passages are always open for particulars; even as you see great rivers have their tides, but particular springs and fountains run continually.

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To proceed therefore: As the occasion, which was the failing of supply by parliament, did awake the love and benevolence of those that were at hand to give; so it was apprehended and thought fit by my lords of the council to make a proof whether the occasion and example both, would not awake those in the country of the better sort to follow. Whereupon, their lordships devised and directed letters unto the sheriffs and justices, which declared what was done here above, and wished that the country might be moved, especially men of value.

Now, my lords, I beseech you give me favour and attention to set forth and observe unto you five points: I will number them, because other men may note them; and I will but touch them, because they shall not be drowned or lost in discourse, which I hold worthy the observation, for the honour of the state and confusion of slanderers; whereby it will appear most evidently what care was taken, that that which was then done might not have the ef fect, no nor the show, no nor so much as the shadow of a tax; and that it was so far from breeding or bringing in any ill precedent or example, as contrariwise it is a corrective that doth correct and allay the harshness and danger of former examples.

The first is, that what was done was done immediately after such a parliament, as made general profession to give, and was interrupted by accident: so as you may truly and justly esteem it, "tanquam posthuma proles parliamenti," as an after-child of the parliament, and in pursuit, in some small measure, of the firm intent of a parliament past. You may take it also, if you will, as an advance or provisional help until a future parliament; or as a gratification simply without any relation to a parliament; you can no ways take it amiss.

The second is, that it wrought upon example, as a thing not devised, or projected, or required; no nor so much as recommended, until many that were never moved nor dealt with, ex mero motu, had freely

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The third is, that it was not done by commission under the great seal; a thing warranted by a multitude of precedents, both ancient, and of late time, as you shall hear anon, and no doubt warranted by law so that the commissions be of that style and tenour, as they be to move that and not to levy: but this was done by letters of the council, and no higher hand or form.

The fourth is, that these letters had no manner of show of any binding act of state: for they contain not any special frame or direction how the business should be managed; but were written as upon trust, leaving the matter wholly to the industry and confidence of those in the country: so that it was an absque computo; such a form of letters as no man could fitly be called to account upon.

The fifth and last point is, that the whole carriage of the business had no circumstance compulsory. There was no proportion or rate set down, not so much as by way of a wish; there was no menace of any that should deny; no reproof of any that did deny; no certifying of the names of any that had denied. Indeed, if men could not content themselves to deny, but that they must censure and inveigh, nor to excuse themselves, but they must accuse the state, that is another case. But I say, for denying, no man was apprehended, no nor noted. So that I verily think, that there is none so subtle a disputer in the controversy of liberum arbitrium, that can with all his distinctions fasten or carp upon the act, but that there was free-will in it.

I conclude therefore, my lords, that this was a true and pure benevolence; not an imposition called a benevolence, which the statute speaks of; as you shall hear by one of my fellows. There is a great difference, I tell you, though Pilate would not see it, between "Rex Judæorum" and "se dicens Regem Judæorum." And there is a great difference between a benevolence and an exaction called a benevolence, which the duke of Buckingham speaks of in his oration to the city; and defineth it to be not what the subject of his good-will would give, but what the king of his good-will would take. But this, I say, was a benevolence wherein every man had a prince's prerogative, a negative voice; and this word excusez moy, was a plea peremptory. And therefore I do wonder how Mr. I. S. could foul or trouble so clear a fountain, certainly it was but his own bitterness and unsound humours.

Now to the particular charge: Amongst other counties, these letters of the lords came to the justices of D-shire, who signified the contents thereof, and gave directions and appointments for meetings concerning the business, to several towns and places within that county: and amongst the rest, notice was given unto the town of A. The mayor of A conceiving that this Mr. I. S. being a principal person, and a dweller in that town, was a man likely to give both money and good example, dealt with him to

know his mind: he intending, as it seems, to play | forth such a wicked and venomous slander against prizes, would give no answer to the mayor in pri- the king, whose goodness and grace is comparable, vate, but would take time. The next day then be- if not incomparable, unto any of the kings his proing an appointment of the justices to meet, he takes genitors. This therefore gives me a just and necesoccasion, or pretends occasion to be absent, because sary occasion to do two things: the one, to make he would bring his papers upon the stage and some representation of his Majesty; such as truly thereupon takes pen in hand, and instead of excus- he is found to be in his government, which Mr. I. ing himself, sits down and contriveth a seditious and S. chargeth with violation of laws and liberties: libellous accusation against the king and state, which the other, to search and open the depth of Mr. I. your lordships shall now hear, and sends it to the S. his offence. Both which I will do briefly; because mayor and withal, because the feather of his quill the one, I cannot express sufficiently; and the might fly abroad, he gives authority to the mayor other, I will not press too far. to impart it to the justices, if he so thought good. And now, my lords, because I will not mistake or mis-repeat, you shall hear the seditious libel in the proper terms and words thereof.

[Here the papers were read.]

My lords, I know this paper offends your ears much, and the ears of any good subject; and sorry I am that the times should produce offences of this nature: but since they do, I would be more sorry they should be passed without severe punishment: "Non tradite factum," as the verse says, altered a little," aut si tradatis, facti quoque tradite pœnam." If any man have a mind to discourse of the fact, let him likewise discourse of the punishment of the fact. In this writing, my lords, there appears a monster with four heads, of the progeny of him that is the father of lies, and takes his name from slander.

The first is a wicked and seditious slander; or, if I shall use the Scripture phrase, a blaspheming of the king himself; setting him forth for a prince perjured in the great and solemn oath of his coronation, which is as it were the knot of the diadem; a prince that should be a violator and infringer of the liberties, laws, and customs of the kingdom; a mark for a Henry the fourth; a match for a Richard the second.

My lords, I mean to make no panegyric or laudative; the king delights not in it, neither am I fit for it: but if it were but a counsellor or nobleman, whose name had suffered, and were to receive some kind of reparation in this high court, I would do him that duty as not to pass his merits and just attributes, especially such as are limited with the present case, in silence: for it is fit to burn incense where evil odours have been cast and raised. Is it so that king James shall be said to be a violator of the liberties, laws, and customs of his kingdoms? Or is he not rather a noble and constant protector and conservator of them all? I conceive this consisteth in maintaining religion and the true church; in maintaining the laws of the kingdom, which is the subject's birthright; in temperate use of the prerogative; in due and free administration of justice, and conservation of the peace of the land.

For religion, we must ever acknowledge, in the first place, that we have a king that is the principal conservator of true religion through the christian world. He hath maintained it not only with sceptre and sword, but likewise by his pen; wherein also he is potent.

He hath awaked and re-authorized the whole party of the reformed religion throughout Europe; which through the insolency and divers artifices and The second is a slander and falsification, and enchantments of the adverse part, was grown a little wresting of the law of the land gross and palpable: dull and dejected: he hath summoned the fraterit is truly said by a civilian, "Tortura legum pes-nity of kings to enfranchise themselves from the sima," the torture of laws is worse than the torture of men.

The third is a slander and false charge of the parliament, that they had denied to give to the king: a point of notorious untruth.

And the last is a slander and taunting of an infinite number of the king's loving subjects, that have given towards this benevolence and free contribution; charging them as accessary and co-adjutors to the king's perjury. Nay, you leave us not there, but you take upon you a pontifical habit, and couple your slander with a curse; but thanks be to God, we have learned sufficiently out of the Scripture, that "as the bird flies away, so the causeless curse shall not come."

For the first of these, which concerns the king, I have taken to myself the opening and aggravation thereof; the other three I have distributed to my fellows.

My lords, I cannot but enter into this part with some wonder and astonishment, how it should come into the heart of a subject of England to vapour

usurpation of the see of Rome: he hath made himself a mark of contradiction for it.

Neither can I omit, when I speak of religion, to remember that excellent act of his Majesty, which though it were done in a foreign country, yet the church of God is one, and the contagion of these things will soon pass seas and lands: I mean, in his constant and holy proceeding against the heretic Vorstius, whom, being ready to enter into the chair, and there to have authorized one of the most pestilent and heathenish heresies that ever was begun, his Majesty by his constant opposition dismounted and pulled down. And I am persuaded there sits in this court one whom God doth the rather bless for being his Majesty's instrument in that service.

I cannot remember religion and the church, but I must think of the seed-plots of the same, which are the universities. His Majesty, as for learning amongst kings, he is incomparable in his person; so likewise hath he been in his government a benign or benevolent planet towards learning by whose influence those nurseries and gardens of learning,

the universities, were never more in flower nor fruit.

For the maintaining of the laws, which is the hedge and fence about the liberty of the subject, I may truly affirm it was never in better repair. He doth concur with the votes of the nobles; "Nolumus leges Angliæ mutare." He is an enemy of innovation. Neither doth the universality of his own knowledge carry him to neglect or pass over the very forms of the laws of the land. Neither was there ever king, I am persuaded, that did consult so oft with his judges, as my lords that sit here know well. The judges are a kind of council of the king's by oath and ancient institution; but he useth them so indeed: he confers regularly with them upon their returns from their visitations and circuits: he gives them liberty, both to inform him, and to debate matters with him; and in the fall and conclusion commonly relies on their opinions.

As for the use of the prerogative, it runs within the ancient channels and banks: some things that were conceived to be in some proclamations, commissions, and patents, as overflows, have been by his wisdom and care reduced; whereby, no doubt, the main channel of his prerogative is so much the stronger. For evermore overflows do hurt the channel.

As for administration of justice between party and party, I pray observe these points. There is no news of great seal or signet that flies abroad for countenance or delay of causes; protections rarely granted, and only upon great ground, or by consent. My lords here of the council and the king himself meddle not, as hath been used in former times, with matters of meum and tuum, except they have apparent mixture with matters of estate, but leave them to the king's courts of law or equity. And for mercy and grace, without which there is no standing before justice, we see, the king now hath reigned twelve years in his white robe, without almost any aspersion of the crimson dye of blood. There sits my lord Hobart, that served attorney seven years. I served with him. We were so happy, as there passed not through our hands any one arraignment for treason; and but one for any capital offence, which was that of the lord Sanquhar; the noblest piece of justice, one of them, that ever came forth in any king's time.

As for penal laws, which lie as snares upon the subjects, and which were as a nemo scit to king Henry VII.; it yields a revenue that will scarce pay for the parchment of the king's records at Westminster.

And lastly for peace, we see manifestly his Majesty bears some resemblance of that great name, "a Prince of Peace:" he hath preserved his subjects during his reign in peace, both within and without. For the peace with states abroad, we have it usque ad salietatem and for peace in the lawyers' phrase, which count trespasses, and forces, and riots, to be contra pacem; let me give your lordships this token or taste, that this court, where they should appear, had never less to do. And certainly there is no better sign of omnia bene, than when this court is

in a still.

But, my lords, this is a sea of matter: and therefore I must give it over, and conclude, that there was never king reigned in this nation that did better keep covenant in preserving the liberties and procuring the good of his people: so that I must needs say for the subjects of England,

"O fortunatos nimium sua si bona norint;" as no doubt they do both know and acknowledge it; whatsoever a few turbulent discourses may, through the lenity of the time, take boldness to speak.

And as for this particular, touching the benevolence, wherein Mr. I. S. doth assign his breach of covenant, I leave it to others to tell you what the king may do, or what other kings have done; but I have told you what our king and my lords have done: which, I say again, is so far from introducing a new precedent, as it doth rather correct, and mollify, and qualify former precedents.

Now, Mr. I. S. let me tell you your fault in few words: for that I am persuaded you see it already, though I woo no man's repentance; but I shall, as much as in me is, cherish it where I find it. offence hath three parts knit together: Your slander,

Your menace, and Your comparison.

Your

For your slander, it is no less than that the king is perjured in his coronation oath. No greater offence than perjury; no greater oath than that of a coronation. I leave it; it is too great to aggravate.

Your menace, that if there were a Bullingbroke, or I cannot tell what, there were matter for him, is a very seditious passage. You know well, that howsoever Henry the fourth's act, by a secret providence of God, prevailed, yet it was but an usurpation; and if it were possible for such a one to be this day, wherewith it seems your dreams are troubled, I do not doubt, his end would be upon the block; and that he would sooner have the ravens sit upon his head at London bridge, than the crown at Westminster. And it is not your interlacing of your "God forbid," that will salve these seditious speeches: neither could it be a forewarning, because the matter was past and not revocable, but a very stirring up and incensing of the people. If I should say to you, for example, "If these times were like some former times, of king Henry VIII. or some other times, which God forbid, Mr. I. S. it would cost you your life;" I am sure you would not think this to be a gentle warning, but rather that I incensed the court against you.

And for your comparison with Richard II. I see, you follow the example of them that brought him upon the stage, and into print, in queen Elizabeth's time, a most prudent and admirable queen. But let me entreat you, that when you will speak of queen Elizabeth or king James, you would compare them to king Henry VII. or king Edward I. or some other parallels to which they are alike. And this I would wish both you and all to take heed of, how you speak seditious matter in parables, or by tropes or examples. There is a thing in an indictment called

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