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another court, who hath approved himself fit and deserving, should be sometimes preferred; it would be a good encouragement for him, and for others by his example.

clined thereby, yet it always leaves a taint of suspicion | becomes vacant, a puisne judge of that court, or of behind it; judges must be as chaste as Cæsar's wife, neither to be, nor to be suspected to be unjust; and, Sir, the honour of the judges in their judicature is the king's honour whose person they represent. 5. There is a great use of the service of the judges in their circuits, which are twice in the year held throughout the kingdom: the trial of causes between party and party, or delivering of the gaols in the several counties, are of great use for the expedition of justice; yet they are of much more use for the government of the counties through which they pass, if that were well thought upon.

6. For if they had instructions to that purpose, they might be the best intelligencers to the king of the true state of his whole kingdom, of the disposition of the people, of their inclinations, of their intentions and motions, which are necessary to be truly understood.

7. To this end I could wish, that against every circuit all the judges should, sometimes by the king himself, and sometimes by the lord chancellor or lord keeper, in the king's name, receive a charge of those things which the present times did much require; and at their return should deliver a faithful account thereof, and how they found and left the counties through which they passed, and in which they kept their assizes.

8. And that they might the better perform this work, which might be of great importance, it will not be amiss that sometimes this charge be public, as it useth to be in the Star-chamber, at the end of the terms next before the circuit begins, where the king's care of justice, and the good of his people, may be published; and that sometimes also it may be private, to communicate to the judges some things not so fit to be publicly delivered.

9. I could wish also, that the judges were directed to make a little longer stay in a place than usually they do; a day more in a county would be a very good addition; although their wages for their circuits were increased in proportion: it would stand better with the gravity of their employment; whereas now they are sometimes enforced to rise over-early, and to sit over-late, for the despatch of their business, to the extraordinary trouble of themselves and of the people, their times indeed not being horæ juridicæ; and, which is the main, they would have the more leisure to inform themselves, quasi aliud agentes, of the true estate of the country.

10. The attendance of the sheriffs of the counties, accompanied with the principal gentlemen, in a comely, not a costly equipage, upon the judges of assize at their coming to the place of their sitting, and at their going out, is not only a civility, but of use also it raiseth a reverence to the persons and places of the judges, who coming from the king himself on so great an errand, should not be neglected. 11. If any sue to be made a judge, for my own part, I should suspect him: but if either directly or indirectly he should bargain for a place of judicature, let him be rejected with shame; "Vendere jure potest, emerat ille prius."

13. Next to the judge, there would be care used in the choice of such as are called to the degree of serjeants at law, for such they must be first before they be made judges; none should be made serjeants but such as probably might be held fit to be judges afterwards, when the experience at the bar hath fitted them for the bench: therefore by all means cry down that unworthy course of late times used, that they should pay moneys for it; it may satisfy some courtiers, but it is no honour to the person so preferred, nor to the king, who thus prefers them.

14. For the king's counsel at the law, especially his attorney and solicitor general, I need say nothing: their continual use for the king's service, not only for his revenue, but for all the parts of his government, will put the king, and those who love his service, in mind to make choice of men every way fit and able for that employment; they had need to be learned in their profession, and not ignorant in other things; and to be dexterous in those affairs whereof the despatch is committed to them.

15. The king's attorney of the court of wards is in the true quality of the judges; therefore what hath been observed already of judges, which are intended principally of the three great courts of law at Westminster, may be applied to the choice of the attorney of this court.

16. The like for the attorney of the duchy of Lancaster, who partakes of both qualities, partly of a judge in that court, and partly of an attorneygeneral for so much as concerns the proper revenue of the duchy.

17. I must not forget the judges of the four circuits in the twelve shires of Wales, who although they are not of the first magnitude, nor need be of the degree of the coif, only the chief justice of Chester, who is one of their number, is so, yet are they considerable in the choice of them, by the same rules as the other judges are; and they sometimes are, and fitly may be, transplanted into their higher courts.

18. There are many courts, as you see, some superior, some provincial, and some of a lower orb : it were to be wished, and is fit to be so ordered, that every of them keep themselves within their proper spheres. The harmony of justice is then the sweetest, when there is no jarring about the jurisdiction of the courts; which methinks wisdom cannot much differ upon, their true bounds being for the most part so clearly known.

19. Having said thus much of the judges, somewhat will be fit to put you in mind concerning the principal ministers of justice: and in the first, of the high sheriffs of the counties, which have been very ancient in this kingdom; I am sure before the conquest; the choice of them I commend to your care, and that at fit times you put the king in mind there12. When the place of a chief judge of a court of; that as near as may be they be such as are fit

for those places: for they are of great trust and power; the posse comitatus, the power of the whole county, being legally committed unto him.

this kingdom: it consisteth of the two houses, of peers and commons, as the members; and of the king's Majesty, at the head of that great body: by 20. Therefore it is agreeable with the intention the king's authority alone, and by his writs, they of the law, that the choice of them should be by are assembled, and by him alone are they prorogued the commendation of the great officers of the king- | and dissolved; but each house may adjourn itself. dom, and by the advice of the judges, who are presumed to be well read in the condition of the gentry of the whole kingdom: and although the king may do it of himself, yet the old way is the good way.

21. But I utterly condemn the practice of the later times, which hath lately crept into the court, at the back-stairs, that some who are pricked for sheriffs, and were fit, should get out of the bill; and others who were neither thought upon, nor worthy to be, should be nominated, and both for money.

22. I must not omit to put you in mind of the lords lieutenants and deputy lieutenants of the counties: their proper use is for ordering the military affairs, in order to an invasion from abroad, or a rebellion or sedition at home; good choice should be made of them, and prudent instructions given to them, and as little of the arbitrary power as may be left unto them; and that the muster-masters, and other officers under them, encroach not upon the subject; that will detract much from the king's service.

23. The justices of peace are of great use. Anciently they were conservators of the peace; these are the same, saving that several acts of parliament have altered their denomination, and enlarged their jurisdiction in many particulars: the fitter they are for the peace of the kingdom, the more heed ought to be taken in the choice of them.

24. But negatively, this I shall be bold to say, that none should be put into either of those commissions with an eye of favour to their persons, to give them countenance or reputation in the places where they live, but for the king's service sake; nor any put out for the disfavour of any great man: it hath been too often used, and hath been no good service to the king.

25. A word more, if you please to give me leave, for the true rules of moderation of justice on the king's part. The execution of justice is committed to his judges, which seemeth to be the severer part; but the milder part, which is mercy, is wholly left in the king's immediate hand: and justice and mercy are the true supporters of his royal throne.

26. If the king shall be wholly intent upon justice, it may appear with an over-rigid aspect; but if he shall be over-remiss and easy, it draweth upon him contempt. Examples of justice must be made sometimes for terror to some; examples of mercy, sometimes, for comfort to others; the one procures fear, and the other love. A king must be both feared and loved, else he is lost.

27. The ordinary courts of justice I have spoken of, and of their judges and judicature: I shall put you in mind of some things touching the high court of parliament in England, which is superlative; and therefore it will behove me to speak the more warily thereof.

29. They being thus assembled, are more properly a council to the king, the great council of the kingdom, to advise his Majesty in those things of weight and difficulty, which concern both the king and people, than a court.

30. No new laws can be made, nor old laws abrogated or altered, but by common consent in parliament, where bills are prepared and presented to the two houses, and then delivered, but nothing is concluded but by the king's royal assent; they are but embryos, it is he giveth life unto them.

31. Yet the house of peers hath a power of judicature in some cases: properly to examine, and then to affirm; or if there be cause, to reverse the judgments which have been given in the court of king's bench, which is the court of highest jurisdiction in the kingdom for ordinary judicature; but in these cases it must be done by writ of error in parliamento: and thus the rule of their proceedings is not absoluta potestas, as in making new laws, in that conjuncture as before, but limitata potestas, according to the known laws of the land.

32. But the house of commons have only power to censure the members of their own house, in point of election, or misdemeanors in or towards that house; and have not, nor ever had, power so much as to administer an oath to prepare a judgment.

33. The true use of parliaments in this kingdom is very excellent; and they would be often called, as the affairs of the kingdom shall require; and continued as long as is necessary and no longer : for then they be but burdens to the people, by reason of the privileges justly due to the members of the two houses and their attendants, which their just rights and privileges are religiously to be observed and maintained: but if they should be unjustly enlarged beyond their true bounds, they might lessen the just power of the crown, it borders so near upon popularity.

34. All this while I have spoken concerning the common laws of England, generally and properly so called, because it is most general and common to almost all cases and causes, both civil and criminal: but there is also another law, which is called the civil or ecclesiastical law, which is confined to some few heads, and that is not to be neglected: and although I am a professor of the common law, yet am I so much a lover of truth and of learning, and of my native country, that I do heartily persuade that the professors of that law, called civilians, because the civil law is their guide, should not be discountenanced nor discouraged: else whensoever we shall have ought to do with any foreign king or state we shall be at a miserable loss, for want of learned men in that profession.

III. I come now to the consideration of those 28. For the institution of it, it is very ancient in things which concern councillors of state, the coun

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cil table, and the great offices and officers of the kingdom; which are those who for the most part furnish out that honourable board.

1. Of counsellors there are two sorts: the first, consiliarii nati, as I may term them, such are the prince of Wales, and others of the king's sons when he hath more; of these I speak not, for they are naturally born to be counsellors to the king, to learn the art of governing betimes.

2. But the ordinary sort of counsellors are such as the king out of a due consideration of their worth and abilities, and withal, of their fidelities to his person and to his crown, calleth to be of council with him in his ordinary government. And the counciltable is so called from the place where they ordinarily assemble and sit together; and their oath is the only ceremony used to make them such, which is solemnly given unto them at their first admission: these honourable persons are from thenceforth of that board and body: they cannot come until they be thus called, and the king at his pleasure may spare their attendance; and he may dispense with their presence there, which at their own pleasure they may not do.

3. This being the quality of their service, you may easily judge what care the king should use in his choice of them. It behoveth that they be persons of great trust and fidelity, and also of wisdom and judgment, who shall thus assist in bearing up the king's throne, and of known experience in public affairs.

4. Yet it may not be unfit to call some of young years, to train them up in that trade, and so fit them for those weighty affairs against the time of greater maturity, and some also for the honour of their persons: but these two sorts are not to be tied to so strict attendance as the others, from whom the present despatch of business is expected.

5. I could wish that their number might not be so over-great, the persons of the counsellors would be the more venerable: and I know that queen Elizabeth, in whose time I had the happiness to be born and to live many years, was not so much observed for having a numerous as a wise council.

6. The duty of a privy-counsellor to a king, I conceive, is not only to attend the council-board at the times appointed, and there to consult of what shall be propounded; but also to study those things which may advance the king's honour and safety, and the good of the kingdom, and to communicate the same to the king, or to his fellow-counsellors, as there shall be occasion. And this, Sir, will concern you more than others, by how much you have a larger share in his affections.

7. And one thing I shall be bold to desire you to recommend to his Majesty; that when any new thing shall be propounded to be taken into consideration, that no counsellor should suddenly deliver any positive opinion thereof: it is not so easy with all men to retract their opinions, although there shall be cause for it: but only to hear it, and at the most but to break it, at first, that it may be the better understood against the next meeting.

8. When any matter of weight hath been debated,

and seemeth to be ready for a resolution; I wish it may not be at that sitting concluded, unless the necessity of the time press it, lest upon second cogitations there should be cause to alter; which is not for the gravity and honour of that board.

9. I wish also that the king would be pleased sometimes to be present at that board; it adds a majesty to it: and yet not to be too frequently there; that would render it less esteemed when it is become common; besides, it may sometimes make the counsellors not be so free in their debates in his presence as they would be in his absence.

10. Besides the giving of counsel, the counsellors are bound by their duties ex vi termini, as well as by their oaths, to keep counsel; therefore are they called "de privato consilio regis," and "a secretioribus consiliis regis:"

11. One thing I add, in the negative, which is not fit for that board, the entertaining of private causes of meum et tuum; those should be left to the ordinary course and courts of justice.

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12. As there is great care to be used for the counsellors themselves to be chosen, so there is of the clerks of the council also, for their secreting of their consultations and methinks, it were fit that his Majesty be speedily moved to give a strict charge, and to bind it with a solemn order, if it be not already so done, that no copies of the orders of that table be delivered out by the clerks of the council, but by the order of the board; nor any, not being a counsellor, or a clerk of the council, or his clerk, to have access to the council books: and to that purpose, that the servants attending the clerks of the council be bound to secrecy, as well as their

masters.

13. For the great offices and officers of the kingdom, I shall say little; for the most part of them are such as cannot well be severed from the counsellorship; and therefore the same rule is to be observed for both, in the choice of them. In the general, only, I advise this, let them be set in those places for which they are probably the most fit.

14. But in the quality of the persons, I conceive it will be most convenient to have some of every sort, as in the time of queen Elizabeth it was; one bishop at the least, in respect of questions touching religion or church government; one or more skilled in the laws; some for martial affairs; and some for foreign affairs: by this mixture one will help another in all things that shall there happen to be moved. But if that should fail, it will be a safe way, to consult with some other able persons well versed in that point which is the subject of their consultation; which yet may be done so warily, as may not discover the main end therein.

IV. In the next place, I shall put you in mind of foreign negotiations, and embassies to or with foreign princes or states; wherein I shall be little able to serve you.

1. Only, I will tell you what was the course in the happy days of queen Elizabeth, whom it will be no disreputation to follow: she did vary according to the nature of the employment, the quality of the

persons she employed; which is a good rule to who made use of them, or communicated them, as go by. there was cause.

2. If it were an embassy of gratulation or ceremony, which must not be neglected, choice was made of some noble person eminent in place and able in purse; and he would take it as a mark of favour, and discharge it without any great burden to the queen's coffers, for his own honour's sake.

3. But if it were an embassy of weight, concerning affairs of state, choice was made of some sad person of known judgment, wisdom, and experience; and not of a young man not weighed in state matters; nor of a mere formal man, whatsoever his title or outside were.

4. Yet in company of such, some young towardly noblemen or gentlemen were usually sent also, as assistants or attendants, according to the quality of the persons; who might be thereby prepared and fitted for the like employment, by this means, at another turn.

5. In their company were always sent some grave and sad men, skilful in the civil laws, and some in the languages, and some who had been formerly conversant in the courts of those princes, and knew their ways these were assistants in private, but not trusted to manage the affairs in public; that would detract from the honour of the principal ambassador.

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6. If the negotiations were about merchants' affairs, then were the persons employed for the most part doctors of the civil law, assisted with some other discreet men; and in such, the charge was ordinarily defrayed by the company or society of merchants whom the negotiation concerned.

7. If lieger ambassadors or agents were sent to remain in or near the courts of those princes or states, as it was ever held fit, to observe the motions, and to hold correspondence with them, upon all occasions, such were made choice of as were presumed to be vigilant, industrious, and discreet men, and had the language of the place whither they were sent; and with these were sent such as were hopeful to be worthy of the like employment at another time.

8. Their care was, to give true and timely intelligence of all occurrences, either to the queen herself, or to the secretaries of state, unto whom they had their immediate relation.

9. Their charge was always borne by the queen, duly paid out of the exchequer, in such proportion, as, according to their qualities and places, might give them an honourable subsistence there: but for the reward of their service, they were to expect it upon their return, by some such preferment as might be worthy of them, and yet be little burden to the queen's coffers or revenues.

10. At their going forth they had their general instructions in writing, which might be communicated to the ministers of that state whither they were sent; and they had also private instructions upon particular occasions and at their return, they did always render an account of some things to the queen herself, of some things to the body of the council, and of some others to the secretaries of state;

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11. In those days there was a constant course held, that by the advice of the secretaries, or some principal counsellors, there were always sent forth into several parts beyond the seas some young men, of whom good hopes were conceived of their towardliness, to be trained up, and made fit for such public employments, and to learn the languages. This was at the charge of the queen, which was not much; for they travelled but as private gentlemen; and as by their industry their deserts did appear, so were they farther employed or rewarded. This course I shall recommend unto you, to breed up a nursery of such public plants.

V. For peace and war, and those things which appertain to either; I in my own disposition and profession am wholly for peace, if please God to bless this kingdom therewith, as for many years past he hath done: and,

1. I presume I shall not need to persuade you to the advancing of it; nor shall you need to persuade the king your master therein, for that he hath hitherto been another Solomon in this our Israel, and the motto which he hath chosen, "Beati pacifici," shows his own judgment: but he must use the means to preserve it, else such a jewel may be lost. 2. God is the God of peace; it is one of his attributes, therefore by him alone we must pray, and hope to continue it: there is the foundation.

3. And the king must not neglect the just ways for it; justice is the best protector of it at home, and providence for war is the best prevention of it from abroad.

4. Wars are either foreign or civil; for the foreign war by the king upon some neighbour nation, I hope we are secure; the king in his pious and just disposition is not inclinable thereunto: his empire is long enough, bounded with the ocean, as if the very situation thereof had taught the king and people to set up their rests, and say, "Ne plus ultra."

5. And for a war of invasion from abroad; only we must not be over-secure: that is the way to invite it.

6. But if we be always prepared to receive an enemy, if the ambition or malice of any should incite him, we may be very confident we shall long live in peace and quietness, without any attempts upon us.

7. To make the preparations hereunto the more assured: in the first place, I will recommend unto you the care of our out-works, the navy royal and shipping of our kingdom, which are the walls thereof and every great ship is an impregnable fort; and our many safe and commodious ports and havens, in every of these kingdoms, are as the redoubts to secure them.

8. For the body of the ships, no nation of the world doth equal England for the oaken timber wherewith to build them; and we need not borrow of any other iron for spikes, or nails to fasten them together; but there must be a great deal of providence used, that our ship timber be not unnecessarily wasted.

9. But for tackling, as sails and cordage, we are | England, and I hope the Scots will not adventure beholden to our neighbours for them, and do buy it; or if they do, I hope they will find, that althem for our money; that must be foreseen and though to our king they were his first-born subjects, laid up in store against a time of need, and not yet to England belongs the birthright: but this sought for when we are to use them: but we are should not be any cause to offer any injury to them, much to blame that we make them not at home; nor to suffer any from them. only pitch and tar we have not of our own.

10. For the true art of building of ships, for burden and service both, no nation in the world exceeds us; ship-wrights, and all other artisans belonging to that trade, must be cherished and encouraged.

11. Powder and ammunition of all sorts we can have at home, and in exchange for other home commodities we may be plentifully supplied from our neighbours, which must not be neglected.

12. With mariners and seamen this kingdom is plentifully furnished: the constant trade of merchandising will furnish us at a need; and navigable rivers will repair the store, both to the navy royal and to the merchants, if they be set on work, and well paid for their labour.

13. Sea captains and commanders and other officers must be encouraged, and rise by degrees, as their fidelity and industry deserve it.

16. There remains then no danger, by the blessing of God, but a civil war, from which God of his mercy defend us, as that which is most desperate of all others. The king's wisdom and justice must prevent it, if it may be; or if it should happen, quod absit, he must quench that wild-fire with all the diligence that possibly can be.

17. Competition to the crown there is none, nor can be, therefore it must be a fire within the bowels, or nothing; the cures whereof are these, remedium præveniens, which is the best physic, either to a natural body, or to a state, by just and equal government to take away the occasion; and remedium puniens, if the other prevail not: the service and vigilancy of the deputy lieutenants in every county, and of the high sheriff, will contribute much herein to our security.

18. But if that should not prevail, by a wise and timous inquisition, the peccant humours and humorists must be discovered, and purged, or cut off; mercy, in such a case, in a king is true cruelty.

19. Yet if the heads of the tribes can be taken off, and the misled multitude will see their error, and return to their obedience, such an extent of mercy is both honourable and profitable.

20. A king, against a storm, must foresee to have a convenient stock of treasure; and neither be without money, which is the sinews of war, nor to depend upon the courtesy of others, which may fail at a pinch.

21. He must also have a magazine of all sorts, which must be had from foreign parts, or provided at home, and to commit them to several places, under the custody of trusty and faithful ministers and officers, if it be possible.

[Let brave spirits that have fitted themselves for command, either by sea or land, not be laid by, as persons unnecessary for the time: let arms and ammunition of all sorts be provided and stored up, as against a day of battle; let the ports and forts be fitted so, as if by the next wind we should hear of an alarm such a known providence is the surest protection. But of all wars, let both prince and people pray against a war in our own bowels: the king by his wisdom, justice, and moderation, must foresee and stop such a storm, and if it fall must allay it; and the people by their obedience must decline it. And for a foreign war intended by an invasion to enlarge the bounds of our empire, which are large enough, and are naturally bounded with the ocean, I have no opinion either of the justness or fitness of it; and it were a very hard matter to attempt it with hope of success, seeing the subjects of this kingdom believe it is not legal for them to be enforced to go beyond the seas, without their own consent, upon hope of an unwarranted conquest; but to resist an invading enemy, or to suppress rebels, the subject may and must be commanded out of the counties where they inhabit. The whole kingdom 23. Let not such be discouraged, if they deserve is but one entire body; else it will necessarily be well, by misinformation, or for the satisfying the verified, which elsewhere was asserted, "Dum sin-humours or ambition of others, perhaps out of envy, guli pugnamus, omnes vincimur."]

14. Our strict league of amity and alliance with our near neighbours the Hollanders is a mutual strength to both; the shipping of both, in conjuncture, being so powerful, by God's blessing, as no foreigners will venture upon; this league and friendship must inviolably be observed.

15. From Scotland we have had in former times some alarms and inroads into the northern parts of this kingdom but that happy union of both kingdoms under one sovereign, our gracious king, I hope, hath taken away all occasions of breach between the two nations. Let not the cause arise from

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22. He must make choice of expert and able commanders to conduct and manage the war, either against a foreign invasion, or a home rebellion; which must not be young and giddy, which dare, not only to fight, but to swear, and drink, and curse, neither fit to govern others, nor able to govern themselves.

perhaps out of treachery or other sinister ends. A steady hand in governing of military affairs is more requisite than in times of peace, because an error committed in war may, perhaps, prove irremediable.

24. If God shall bless these endeavours, and the king return to his own house in peace, when a civil war shall be at an end, those who have been found faithful in the land must be regarded, yea, and rewarded also; the traitorous, or treacherous, who have misled others, severely punished; and the neutrals and false-hearted friends and followers, who have started aside like a broken bow, be noted

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