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, will, out of the depth of his excellent wisdom and 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 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 Therefore to attend his majesty by my letter, and thereby this hazardous course of proceeding, to tender the 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 author 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? ity and reputation of the former council, I would have somewhat done; which is, that there be a act of power, but by "Quo warranto," or "Scire proceeding to seizure of liberties; but not by any facias;" which is a legal course; and will be the work of three or four terms; by which time the matter will somewhat cool. But I would not, in any case, that the proceeding should be with both the towns, which stand now in contempt, but with one of them only, 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 not be so strong; for they will think it may be proceed with one, the apprehension and terror will 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 majesty will be moved to reduce the number of instance of the two towns, Limerick and Kil- his council of Ireland, which is now almost fifty, 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 busi ably to their duties and places. of In this point I humbly pray his majesty to remember, that the refusal is not of the oath 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. This respective preface used, his lordship descended to the matter itself, which he divided into three considerations: for he said he would consider of the petition. First, As it proceeded from the merchants. Secondly, As from them it was offered to the Lower House. 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 a report, not to deny you that sheaf that I have in haste bound up. It is true, that one of his majesty'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. His lordship took the occasion of this, which I shall now report, upon the answer which was by us inade 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 ship made, as I have collected them in number, speech, he fell into this other cause, and said; eight observations, whereof the three first respectthat being now to make answer to a proposition ed the general condition of merchants; and the of ours, as we had done to one of theirs, he wished five following were applied to the particular cirit could be passed over with like brevity. But he cumstances of the merchants now complaining. did foresee his way, that it would prove not only long, but likewise hard to find, and hard to keep this cause being so to be carried, as above all no wrong be done to the king's sovereignty and authority: and, in the second place, no misunderstanding do ensue between the two Houses. And VOL. II.-.25 And, thirdly, As from the Lower House it was recommended to the Higher House. His lordship's first general observation was, that merchants were of two sorts; the one sought their fortunes, as the verse saith, "per saxa, per ignes ;" and, as it is said in the same place, "extremos currit mercator ad Indos;" subjecting themselves to weather and tempest; to absenco R 193 and, as it were, exile, out of their native coun- | such is now the confusion in the trade, as shoptries; to arrest in entrances of war; to foreign keepers and handicraftsmen become merchants injustice and rigour in times of peace; and many there; who being bound to no orders, seek base other sufferances and adventures. But that means by gifts and bribery, to procure favours at there were others that took a more safe, but a less the hands of officers there. So as the honest generous course in raising their fortunes. He merchant, that trades like a substantial merchant, taxed none, but did attribute much more respect and loves not to take servile courses to buy the to the former. right due to him by the amity of the princes, can have no justice without treading in their steps. The second general observation which his lordship made was, that the complaints of merchants were usually subject to much error, in regard that they spake, for the most part, but upon information; and that carried through many hands; and of matters done in remote parts; so as a false or factious factor might oftentimes make great tragedies upon no great ground. Whereof, towards the end of his speech he brought an instance of one trading into the Levant, that complained of an arrest of his ship, and possessed the council table with the same complaint in a vehement and bitter fashion; desiring and pressing some present and expostulatory letters touching the same. Where upon some counsellors, well acquainted with the like heats, and forwardness in complaints, happened to say to him out of conjecture, and not out of any intelligence, "What will you say if your ship, which you complain to be under arrest, be now under sail in way homewards?" Which fell out accordingly the same person confessing, six days after, to the lords, that she was indeed in her way homewards. Secondly, His lordship did observe some improbability that the wrongs should be so great, considering trading into those parts was never greater; whereas, if the wrongs and griefs were so intolerable and continual, as they propound them and voiced them, it would work rather a general discouragement and coldness of trade in fact, than an earnest and hot complaint in words. Thirdly, His lordship did observe, that it is a course, howsoever it may be with a good intent, yet, of no small presumption, for merchants upon their particular grievances to urge things tending to a direct war, considering that nothing is more usual in treaties, than that such particular damages and molestations of subjects are left to a form of justice to be righted and that the more high articles do retain nevertheless their vigour inviolably; and that the great bargain of the kingdom for war and peace may in nowise depend upon such petty forfeitures, no more than in common assurance between man and man it were fit that, upon every breach of covenants, there should be limited a re-entry. Fourthly, His lordship did observe, in the manner of preferring their petition, they had in The third general observation which his lordship made was this, in effect; that although he granted that the wealth and welfare of the merchant was not without a sympathy with the gene-verted due order, addressing themselves to the ral stock and state of a nation, especially an island; yet, nevertheless, it was a thing too familiar with the merchant, to make the case of his particular profit, the public case of the kingdom. foot, and not to the head. For, considering that they prayed no new law for their relief, and that it concerned matter of inducement to war or peace, they ought to have begun with his majesty unto whose royal judgment, power, and office, did properly belong the discerning of that which was desired, the putting in act of that which might be granted, and the thanks for that which might be obtained. There follow the particular observations, which have a reference and application to the merchants that trade to Spain and the Levant; wherein his lordship did first honourably and tenderly acknowledge that their grievances were great, that they did multiply, and that they do deserve com- Fifthly, His lordship did observe that as they passion and help but yet, nevertheless, that he had not preferred their petition as it should be, so must use that loving plainness to them as to tell they had not pursued their own direction as it was. them that in many things they were authors of For having directed their petition to the king, the their own miseries. For since the dissolving of lords spiritual and temporal, and the Commons the company, which was termed the monopoly, in parliament assembled, it imported, as if they and was set free by the special instance of this had offered the like petition to the lords; which House, there hath followed such a confusion and they never did: contrary not only to their own relaxation in order and government amongst direction, but likewise to our conceit, who prethem, as they do not only incur many inconve- supposed, as it should seem, by some speech that niences, and commit many errors, but in the pur- passed from us at a former conference, that they suits of their own remedies and suits they do it had offered several petitions of like tenor to both so impoliticly, and after such a fashion as, except Houses. So have you now those eight observalieger ambassadors, which are the eyes of kings tions, part general, part special, which his lordin foreign parts, should leave their sentinel, and ship made touching the persons of those which become merchants' factors, and solicitors, their exhibited the petition, and the circumstances of causes can hardly prosper. And, which is more, | the same. For the matter of the petition itself, his lordship made this division, that it consisteth of three parts. chants' own fault in ministering the occasion, which grew chiefly in this manner. There is contained an article in the treaty between Spain and us, that we shall not transport any native commodities of the Low Countries into Spain; nay, more, that we shall not transport any opificia, manufactures of the same countries: so First, Of the complaints of wrongs in fact. Secondly, Of the complaints of wrongs in law, as they may be truly termed, that is, of the inequality of laws which do regulate the trade. And, thirdly, The remedy desired by letters of that if an English cloth take but a dye in the Low mart. The wrongs in fact receive a local distribution of three. In the trade to Spain, in the trade to the West Indies, and in the trade to the Levant. Concerning the trade to Spain; although his lordship did use much signification of compassion of the injuries which the merchants received; and attributed so much to their profession and estate, as from such a mouth in such a presence they ought to receive for a great deal of honour and comfort, which kind of demonstration he did interlace throughout his whole speech, as proceeding "ex abundantia cordis," yet, nevertheless, he did remember four excusations, or rather extenuations of those wrongs. The first was, that the injustices complained of were not in the highest degree, because they were delays and hard proceedings, and not inique sentences, or definitive condemnations: wherein I called to mind what I heard a great bishop say, that courts of justice, though they did not turn justice into wormwood by corruption, yet they turned it into vinegar by delays, which soured it. Such a difference did his lordship make, which, no question, is a difference "secundum majus et minus." Countries, it may not be transported by the English. And the reason is, because even those manufactures, although the materials come from other places, do yield unto them a profit and sustentation, in regard their people, are set on work by them; they have a gain likewise in the price; and they have a custom in the transporting. All which the policy of Spain is to debar them of; being no less desirous to suffocate the trade of the Low Countries, than to reduce their obedience. This article the English merchant either doth not or will not understand: but being drawn with his threefold cord of love, hate, and gain, they do venture to transport the Low Country commodities of these natures, and so draw upon themselves these arrests and troubles. For the trade to the Indies, his lordship did discover unto us the state of it to be thus: the policy of Spain doth keep that treasury of theirs under such lock and key, as both confederates, yea, and subjects, are excluded of trade into those countries; insomuch as the French king, who hath reason to stand upon equal terms with Spain, yet, nevertheless, is by express capitulation debarred. The subjects of Portugal, whom the state of Spain hath studied by all means to content, are Secondly, His lordship ascribed these delays, likewise debarred: such a vigilant dragon is there not so much to malice or alienation of mind to- that keepeth this golden fleece; yet, nevertheless, wards us, as to the nature of the people and nation, such was his majesty's magnanimity in the which is proud, and therefore dilatory for all debate and conclusion of the last treaty, as he proud men are full of delays, and must be waited would never condescend to any article, importing on; and especially to the multitudes and diversi- the exclusion of his subjects from that trade: as ties of tribunals and places of justice, and the a prince that would not acknowledge that any number of the king's councils, full of referrings, such right could grow to the crown of Spain by which ever prove of necessity to be deferrings; the donative of the pope, whose authority he disbesides the great distance of territories: all which claimeth; or by the title of a dispersed and have made the delays of Spain to come into a by- punctual occupation of certain territories in the word through the world. Wherein I think his name of the rest; but stood firm to reserve that lordship might allude to the proverb of Italy, point in full question to farther times and occa"Mi venga la morte di Spagna," Let my death sions; so as it is left by the treaty in suspense, come from Spain, for then it is sure to be long a neither debarred nor permitted: the tenderness coming. and point of honour whereof was such, as they that went thither must run their own peril. Nay, farther, his lordship affirmed, that if yet at this time his majesty would descend to a course of entreaty for the release of the arrests in those parts, and so confess an exclusion, and quit the point of honour, his majesty might have them forthwith released. And yet his lordship added, that the offences and scandals of some had made this point worse than it was, in regard that this very last voyage to Virginia, intended for trade and plantation, where the Spaniard hath no peo Thirdly, His lordship did use an extenuation of these wrongs, drawn from the nature of man, “nemo subito fingitur." For that we must make an account, that though the fire of enmity be out between Spain and us, yet it vapoureth: the utter extincting whereof must be the work of time. But, lastly, his lordship did fall upon that extenuation, which of all the rest was most forcible; which was, that many of these wrongs were not Bustained without some aspersion of the mer |