in his declination; that is, a liberal proclama- | And the hesitation in this point, I think, hath been tion of grace and pardon to such as shall sub- a great casting back of the affairs there. Neither mit, and come in within a time prefixed, and of some farther reward, to such as shall bring others in; that one's sword may be sharpened by another's, is a matter of good experience, and now, I think, will come in time. And percase, though I wish the exclusions of such a pardon exceeding few, yet it will not be safe to continue some of them in their strength, but to translate them and their generations into England: and give them recompense and satisfaction here for their possessions there, as the King of Spain did, by divers families of Portugal. To the effecting of all the points aforesaid, and likewise those which fall within the divisions following, nothing can be in priority, either time or matter, better than the sending of some commission of countenance, "ad res inspiciendas et componendas;" for it will be a very significant demonstration of her majesty's care of that kingdom; a credence to any that shall come in and submit; a bridle to any that shall have their fortunes there, and shall apply their propositions to private ends; and an evidence that her majesty, after arms laid down, speedily pursueth a politic course, without neglect or respiration and it hath been the wisdom of the best examples of government. Towards the recovery of the hearts of the people, there be but three things, "in natura rerum." 1. Religion. 2. Justice and protection. 3. Obligation and reward. For religion, to speak first of piety, and then of policy, all divines do agree, that if consciences be to be enforced at all, wherein yet they differ, two things must precede their enforcement: the one, means of instruction; the other, time of operation; neither of which they have yet had. Besides, till they be more like reasonable men than they yet are, their society were rather scandalous to the true religion, than otherwise; as pearls cast before swine: for till they be cleansed from their blood, incontinency, and theft, which are now not the lapses of particular persons, but the very laws of the nation, they are incompatible with religion reformed. For policy, there is no doubt but to wrestle with them now, is directly opposite to their reclaiming, and cannot but continue their alienation of mind from this government. Besides, one of the principal pretences, whereby the heads of the rebellion have prevailed both with the people, and with the foreigner, hath been the defence of the Catholic religion and it is this that likewise hath made the foreigner reciprocally more plausible with the rebel. Therefore a toleration of religion, for a time, not definite, except it be in some principal towns and precincts, after the manner of some French edicts, seemeth to me to be a matter warrantable by religion, and in policy of absolute necessity. if any English papist or recusant shall, for liberty of his conscience, transfer his person, family, and fortunes thither; do I hold it a matter of danger, but expedient to draw on undertaking, and to further population. Neither if Rome will cozen itself, by conceiving it may be in some degree to the like toleration in England, do I hold it a matter of any moment; but rather a good mean to take off the fierceness and eagerness of the humour of Rome, and to stay further excommunications or interdictions for Ireland. But there would go hand in hand with this, some course of advancing religion indeed, where the people is capable thereof; as the sending over some good preachers, especially of that sort which are vehement and zealous persuaders, and not scholastical, to be resident in principal towns; endowing them with some stipends out of her majesty's revenues, as her majesty hath most religiously and graciously done in Lancashire: and the recontinuing and replenishing the college begun at Dublin, the placing of good men to be bishops in the sees there, and the taking care of the versions of Bibles and catechisms, and other books of instruction, into the Irish language; and the like religious courses, both for the honour of God, and for the avoiding of scandal and insatisfaction here, by the show of a toleration of religion in some parts there. For justice; the barbarism and desolation of the country considered, it is not possible they should find any sweetness at all of justice: if it should be, which hath been the error of times past, formal, and fetched far off from the state; because it will require running up and down from process; and give occasion for polling and exactions by fees, and many other delays and charges. And therefore there must be an interim in which the justice must be only summary: the rather, because it is fit and safe for a time the country do participate of martial government; and, therefore, I could wish in every principal town or place of habitation, there were a captain or governor; and a judge, such as recorders, and learned stewards are here in corporations, who may have a prerogative commission to hear and determine "secundum sanam discretionem ;" and as near as may be to the laws and customs of England; and that by bill or plaint, without original writ; reserving from their sentence matter of freehold and inheritance, to be determined by a superior judge itinerant; and both sentences, as well of the bailiwick judge, as itinerant, to be reversed, if cause be, before the council of the province to be established there with fit instruc. tions. For obligation and reward; it is true, no doubt, which was anciently said, that a state is contained in two words, "premium" and "pœna;" and I am persuaded, if a penny in the pound which hath | surely, in mine opinion, either by agreeing with been spent in "poena," for this kind of war is them; or by overruling them with a parliament but "pœna," a chastisement of rebels, without in Ireland, which in this course of a politic profruit or emolument to this state, had been spent ceeding, infinite occasions will require speedily in "præmio," that is, in rewarding, things had to be held, it will be fit to supply fit qualified pernever grown to this extremity. But to speak sons or undertakers. The other, that it be not forwards. The keeping of the principal Irish left, as heretofore, to the pleasure of the underpersons in terms of contentment, and without takers and adventurers, where and how to build cause of particular complaint; and generally the and plant; but that they do it according to a precarrying of an even course between the English script or formulary. For, first, the places, both and Irish; whether it be in competition or maritime and inland, which are fittest for colonies whether it be in controversy, as if they were one or garrisons, as well for doubt of the foreigner, as nation, without that same partial course which for keeping the country in bridle, would be found, hath been held by the governors and counsellors surveyed, and resolved upon: and then that the there, that some have favoured the Irish, and some patentees be tied to build in those places only, contrary, is one of the best medicines of that and to fortify as shall be thought convenient. And, state. And as for other points of contentment, as lastly, it followeth of course, in countries of new the countenancing of their nobility as well in this populations, to invite and provoke inhabitants by court as there; the imparting of knighthood; the ample liberties and charters. care of education of their children, and the like points of comfort and allurement; they are things which fall into every man's consideration. For the extripating of the seeds of troubles, I suppose the main roots are but three. The first, the ambition and absoluteness of the chief of the families and septs. The second, the licentious idleness of their kernes and soldiers, that lie upon the country, by cesses and such like oppressions. And the third, the barbarous laws, customs, their brehon laws, habits of apparel, their poets or heralds that enchant them in savage manners, and sundry other such dregs of barbarism and rebellion, which by a number of politic statutes of Ireland, meet to be put in execution, are already forbidden; unto which such additions may be made as the present time requireth. But the deducing of this branch requireth a more particular notice of the state and manners there, than falls within my compass. SIR, TO SIR GEORGE VILLIERS. I SEND you enclosed a warrant for my lady of Somerset's pardon, reformed in that main and material point, of inserting a clause, [that she was not a principal, but an accessary before the fact, by the instigation of base persons.] Her friends think long to have it despatched, which I marvel not at, for that in matter of life moments are num bered. I do more and more take contentment in his majesty's choice of Sir Oliver St. John, for his deputy of Ireland, finding, upon divers conferences with him, his great sufficiency; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time, shall work a good effect for his majesty's service. I am wonderful desirous to see that kingdom flourish, because it is the proper work and glory of his majesty and his times. And his majesty may be pleased to call to mind, that a good while since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate remembrancer to his majesty's princely wisdom God ever keep you and pros in that business. For plantations and buildings, I do find it strange that in the last plot for the population of Munster, there were limitations how much in demesne, and how much in farm, and how much in tenancy; again, how many buildings should be erected, how many Irish in mixture should be admitted, and other things foreseen almost to curiosity; but no restraint that they might not build "sparsim" at their pleasure; nor any con- per you. dition that they should make places fortified and defensible: which omission was a strange neglect and secureness, to my understanding. So as for this last point of plantations and buildings, there be two considerations which I hold most material; the one for quickening, the other for assuring. The first is, that choice be made of such persons SIR, for the government of towns and places, and such undertakers be procured, as be men gracious and well beloved, and are like to be well followed. Wherein for Munster, it may be, because it is not "res integra;" but that the former undertakers stand interested, there will be some difficulty: but | Your true and most devoted 1 July, 1616.* and bounden servant, TO SIR GEORGE VILLIERS. I THINK I cannot do better service towards the good estate of the kingdom of Ireland than to procure the king to be well served in the eminent places of law and justice; I shall therefore name unto you for the attorney's place there, or for the Stephens's Second Collection, p. 3. solicitor's place, if the new solicitor shall go up, | into matter of conscience. Also, that his majesty a gentleman of mine own breeding and framing, Mr. Edward Wyrthington, of Gray's-Inn; he is born to eight hundred pounds a year; he is the eldest son of a most severe justicer, amongst the recusants of Lancashire, and a man most able for law and speech, and by me trained in the king's causes. My lord deputy, by my description, is much in love with the man. I hear my Lord of Canterbury, and Sir Thomas Laque, should name one Sir John Beare, and some other mean men. This man I commend upon my credit, for the good of his majesty's service. God ever preserve and prosper you. I rest Your most devoted will, out of the depth of his excellent wisdom and providence, think, and, as it were, calculate with himself, whether time will make more for the cause of religion in Ireland, and be still more and more propitious; or whether deferring remedies will not make the case more difficult. For, if time give his majesty advantage, what needeth precipitation to extreme remedies? But if time will make the case more desperate, then his majesty cannot begin too soon. Now, in my opinion, time will open and facilitate things for reformation of religion there, and not shut up and lock out the same. For, first, the plantations going on, and being principally of Protestants, cannot but mate the other party in time; also his majesty's care in placing good bishops and divines, in amplifying the college there, and in looking to the education of wards and the like; as they are the most natural means, so are they like to be the most effectual and happy for the BECAUSE I am uncertain whether his majesty poral sword; so that, I think, I may truly conweeding out of popery, without using the temwill put to a point some resolutions touching clude, that the ripeness of time is not yet come. Ireland, now at Windsor; I thought it my duty to attend his majesty by my letter, and thereby this hazardous course of proceeding, to tender the Therefore my advice in all humbleness is, that to supply my absence, for the renewing of some oath to the magistrates of towns, proceed not, but former commissions for Ireland, and the framing die by degrees. And yet, to preserve the authority and reputation of the former council, I would 2 July, 1616.* and most bounden servant, FR. BACON. TO SIR GEOrge villierS, ABOUT IRISH AFFAIRS. of a new commission for the wards and the aliena tions, which appertain properly to me as his majesty's attorney, and have been accordingly referred by the lords. I will undertake that they are prepared with a greater care, and better application to his majesty's service in that kingdom, than heretofore they have been; and therefore of that I say no more. And for the instructions of the new deputy, they have been set down by the two secretaries, and read to the board; and being things of an ordinary nature, I do not see but they may pass. But there have been three propositions and counsels which have been stirred, which seem to me of very great importance; wherein I think myself bound to deliver to his majesty my advice and opinion, if they should now come in ques tion. The first is, touching the recusant magistrates of the towns of Ireland, and the commonalties themselves their electors, what shall be done? have somewhat done; which is, that there be a proceeding to seizure of liberties; but not by any facias;" which is a legal course; and will be the act of power, but by "Quo warranto," or "Scire work of three or four terms; by which time the matter will somewhat cool. But I would not, in any case, that the proceednow in contempt, but with one of them only, ing should be with both the towns, which stand choosing that which shall be thought most fit. For if his majesty proceed with both, then all the towns that are in the like case will think it a common cause; and that it is but their case to day, and their own to-morrow. But if his majesty proceed with one, the apprehension and terror will not be so strong; for they will think it may be this is the best advice that I can give to his matheir case as well to be spared as prosecuted; and jesty in this strait; and of this opinion seemed my lord chancellor to be. Which consultation ariseth from the late adverThe second proposition is this: It may be his tisements of the two lords justices, upon the instance of the two towns, Limerick and Kil- his council of Ireland, which is now almost fifty, majesty will be moved to reduce the number of kenny; in which advertisements they represent to twenty, or the like number; in respect the the danger only, without giving any light for the greatness of the number doth both embase the remedy; rather warily for themselves, than agree-authority of the council, and divulge the busiably to their duties and places. In this point I humbly pray his majesty to remember, that the refusal is not of the oath of allegiance, which is not enacted in Ireland, but of the oath of supremacy, which cutteth deeper ⚫ Stephens's Second Collection, p. 5. ness. Nevertheless, I do hold this proposition to This I could wish; that his majesty would many that are planted in house and lands, will rather lose their entertainment than remove; and thereby new men may have their pay, and yet the old be mingled in the country for the strength thereof. appoint a select number of counsellors there, | vince to another; whereupon it is supposed, that which might deal in the improvement of his revenue, being a thing not fit to pass through too many hands, and that the said selected number should have days of sitting by themselves, at which the rest of the council should not be present; which being once settled, then other principal business of state may be handled at those sittings, and so the rest begin to be disused, and yet retain their countenance without murmur or disgrace. The third proposition, as it is wound up, seemeth to be pretty, if it can keep promise; for it is this, that a means may be found to reinforce his majesty's army there by 500 or 1000 men; and that without any penny increase of charge. And the means should be, that there should be a commandment of a local removing, and transferring some companies from one pro In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies shall be stuffed with "Tirones," instead of "Veterani." I wish therefore that this proposition be well debated ere it be admitted. Thus having performed that which duty binds me to do, I commend you to God's best preservation. Your most devoted and bounden servant, Gorhambury, July 5, 1616.* *Stephens's Second Collection, p. 5. TRACTS RELATING TO SPAIN. A REPORT MADE BY SIR FRANCIS BACON, KNIGHT, IN THE HOUSE OF COMMONS, OF A SPEECH delivered BY THE EARL OF SALISBURY; AND ANOTHER SPEECH DELIVERED BY THE EARL OF NORTHAMPTON, AT A CONFERENCE CONCERNING THE PETITION OF THE MERCHANTS UPON THE SPANISH GRIEVANCES. PARLIAMENT 5 JACOBI. suit and drift of speech, and multitude of matter, might breed words to pass from him beyond the compass of his intention; and therefore he placed more assurance and caution in the innocency of his own meaning, and in the experience of our favours, than in any his wariness or watchfulness over his own speech. AND it please you, Mr. Speaker, I do not find, therefore that he hoped his words should receive myself any ways bound to report that which a benign interpretation; knowing well that purpassed at the last conference touching the Spanish grievances, having been neither employed to speak, nor appointed to report in that cause. But because it is put upon me by a silent expectation, grounded upon nothing, that I know, more than that I was observed diligently to take notes; I am content, if that provision which I made for mine own remembrance may serve this House for This respective preface used, his lordship dea report, not to deny you that sheaf that I have in scended to the matter itself, which he divided into haste bound up. It is true, that one of his ma- | three considerations: for he said he would conjesty's principal counsellors in causes of estate did use a speech that contained a world of matter; but how I shall be able to make a globe of that world, therein I fear mine own strength. sider of the petition. First, As it proceeded from the merchants. Secondly, As from them it was offered to the Lower House. And, thirdly, As from the Lower House it was recommended to the Higher House. ship made, as I have collected them in number, eight observations, whereof the three first respected the general condition of merchants; and the five following were applied to the particular circumstances of the merchants now complaining. His lordship took the occasion of this, which I shall now report, upon the answer which was by us made to the amendments propounded upon In the first of these considerations there fell the bill of hostile laws; quitting that business out naturally a subdivision into the persons of the with these few words; that he would discharge petitioners, and the matter and parts of the petiour expectation of reply, because their lordships tion. In the persons of the merchants his lordhad no warrant to dispute. Then continuing his speech, he fell into this other cause, and said; that being now to make answer to a proposition of ours, as we had done to one of theirs, he wished it could be passed over with like brevity. But he did foresee his way, that it would prove not only His lordship's first general observation was, long, but likewise hard to find, and hard to keep: that merchants were of two sorts; the one sought this cause being so to be carried, as above all no their fortunes, as the verse saith, "per saxa, per wrong be done to the king's sovereignty and ignes ;" and, as it is said in the same place, "exauthority: and, in the second place, no misunder- | tremos currit mercator ad Indos;" subjecting standing do ensue between the two Houses. And themselves to weather and tempest; to absence VOL. II.-.25 R 193 |