confirmed, it is, in the special case of voluntary or free grants, enacted and decreed 25 E. 1, cap. 5, that no such be drawn into custom: and cap. 6, that henceforth be taken no such aids, tasks, free grants, or prizes, but by assent of all the realm, and for the good of the same. And in primo R. 3, cap. 2, that the subjects and commons in this realm, from henceforth shall in no wise be charged by any charge or imposition called a Benevolence, or any such like charge; and that such exactions, called a Benevolence, shall be damned and annulled for

ever.

First, it is not only without, but against reason, that the commons, in their several and particulars, should be relievers or suppliers of his majesty's wants, who neither know his wants, nor the sums that may be raised to supply the same.

Secondly, it is against reason, that the par`ticular and several commons, distracted, should . oppose their judgment and discretion to the judgment and discretion of the wisdom of their land assembled in parliament, who have there denied any such aid.

It argueth in us want of love and due respect of our sovereign lord and king, which ought to be in every of us towards each other, which is, to stay every one which we see falling, and reduce the current. What prosperity can be expected to befal either our king or nation, when the king shall, haply out of ignorance, or ('tis I hope) out of forgetfulness or headiness, commit so great a sin against his God, as is the violating of his great and solemn oath taken at his coronation, for the maintaining of his laws, liberties and customs of this noble realm; and his subjects, fome for fear, some in pride, some to please others, shall join hands to forward so unhappy an atchievement? Can he any way more highly offend the divine majesty (whom he then invocated?) As also, can he then give unto another Hen. 4, (if such a one should rise up, which God forbid) a greater advantage? Let those articles put up against R. 2, be looked on, it will appear, that the breach of laws, infringing the liberties, and failing in this oath, were the main blemishes wherewith he could distain and spot the honour of that good and gentle prince; who indeed was rather by others abused, than of himself mischievously any way disposed.

2. As very irreligiously and uncharitably, we help forward the king's majesty in that grievous sin of perjury; so into what an hellish danger we plunge ourselves, even so many of us as contribute, is to be learned out of the several curses and sentences of excommunication given out against all such givers, and, namely, the two following, viz. the great curse given out, the 36 Hen. 3, against all breakers of the liberties and customs of the realm of England, with their abettors, counsellors and executioners; wherein, by the sentence of Boniface archbishop of Canterbury, and the chief part of all the bishops of this land, are ipso facto excommunicated. And that of 24 Edw. 1,

denounced immediately upon the acts made against such benevolence, free grants and impositious, had, and taken without common assent; which, because it is not so large as that former, I will set down as our books deliver the same.

"In the name of the Father, Son, and Holy Ghost, Amen. Whereas our sovereign lord the king, to the honour of God, and of the holy church, and for the common profit of the realm, bath granted, for him and his heirs for ever, these articles above written: Robert archbishop of Canterbury, primate of all England, admonished all his province, once, twice, and thrice, because that shortness will not suffer so much delay, as to give knowledge to all the people of England of these presents in writing. We, therefore, enjoin all persons, of what estate soever they be, that they, and every of them, as much as in them is, shall uphold and maintain those articles granted by our sovereign lord the king in all points; and all those that, in any point, do resist, or break those ordinances, or go about it by word or deed, openly or privately, by any manner of pretence or colour. We therefore, the said archbishop, by our authority in writing expressed, do excommunicate and accurse, and from the body of our Lord Jesus Christ, and from all the company of Heaven, and from all the sacraments of the holy church, do sequester and exclude."

Sir, hearing that to-morrow the justices will be here about this busy work of Benevolence, wherein you have both sent unto, and talked with me, and thinking that it may be, you would deliver up the names of the nongivers: forasmuch as, I think, I shall scarcely be at home to make my further answer, if I should be called for, I pray you, both hereby to understand my mind yourself, and if cause so require, to let the justices perceive as much. So leaving others to their own consciences, whereby in that last and dreadful day they shall stand or fall before him who will reward every man according to his deeds, I commend you to the grace of the Almighty, and rest your loving neighbour and friend,

OLIVER ST. JOHN.

SPEECH of Sir FRANCIS BACON as Attorney

General, addressed to the Court of StarChamber, from his Works, vol. ii. p. 583. 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.-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 an 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 to 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 nobility, the court, and others here near at hand, an affection loving and chearful, to present the king, some with plate, some with money, as free-will offerings, a thing that God Almighty loves, a chearful 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. To proceed therefore: as the occasion, which was the failing of supply by parliament, did awake the love an ! 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 unt 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 takèo, that that which was then done might not have the effect, no nor the shew, 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 posthumna 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 and frankly sent in their presents. So that the letters were rather like letters of news, what was done at London, than otherwise: and we know exempla ducunt, non trahunt ;' examples they do but lead, they do not draw nor drive. 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 stile and tenour, as that they be to move 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 contidence of those in the country; so that it was an absque compoto; 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 cerrifying of the names of any that had denied. Indeed, if then 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 libe

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 inchantments of the adverse part, was grown a little dull and dejected: he hath summoned the fraternity of kings to enfranchise themselves from the 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 7; 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 satietatem : 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 bere, 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 nôrint;' 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 this 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 and 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. Your offence hath three parts knit together: your slander, your menace, and your comparison. 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 how