the first, of injustice; the second, of derogation from his majesty's supreme and absolute power of concluding war or peace; and the third, of some prejudice in reason of estate.

For injustice, it is plain, and cannot be denied, that we hear but the one part: whereas the rule, "Audi alteram partem," is not of the formality, but of the essence of justice: which is therefore figured with both eyes shut, and both ears open; because she should hear both sides, and respect neither. So that if we should hap to give a right judgment, it might be "justum," but not "juste," without hearing both parties.

For the point of derogation, his lordship said, he knew well we were no less ready to acknowledge than himself, that the crown of England was ever invested, amongst other prerogatives not disputable, of an absolute determination and power of concluding and making war and peace: which that it was no new dotation, but of an ancient foundation in the crown, he would recite unto us a number of precedents in the reigns of several kings, and chiefly of those kings which come nearest his majesty's own worthiness; wherein he said, that he would not put his credit upon ciphers and dates; because it was easy to mistake the year of a reign, or number of a roll, but he would avouch them in substance to be perfect and true as they are taken out of the records. By which precedents it will appear, that petitions made in parliament to kings of this realm, his majesty's progenitors, intermeddling with matter of war or peace, or inducement thereunto, receive small allowance or success, but were always put off with dilatory answers; some times referring the matter to their council, sometimes to their letters, sometimes to their farther pleasure and advice, and such other forms; expressing plainly, that the kings meant to reserve matter of that nature entirely to their own power and pleasure.

cerned the moneys, they might handle it and examine it; but touching the peace, he would do as to himself seemed good.

In the eighteenth year of King Edward III., the Commons petitioned, that they might have the trial and proceeding with certain merchants strangers as enemies to the state. The king's answer was, It should remain as it did till the king had taken farther order.

In the forty-fifth year of King Edward III., the Commons complained that their trade with the Easterlings was not upon equal terms, which is one of the points insisted upon in the present petition, and prayed an alteration and reducement. The king's answer was, It shall be so as occasion shall require.

In the fiftieth year of the same king, the Commons petitioned to the king for remedy against the subjects of Spain, as they now do. The king's answer was, That he would write his letter for remedy. Here is letters of request, no letters of mart: "Nihil potest nisi eodem modo petere."

In the same year, the merchants of York petitioned in parliament against the Hollanders, and desired their ships might be stayed both in England and at Calais. The king's answer was, Let it be declared unto the king's council, and they shall have such remedy as is according to reason.

In the second year of King Richard II., the merchants of the sea-coast did complain of divers spoils upon their ships and goods by the Spaniard. The king's answer was, That with the advice of his council he would procure remedy.

His lordship cited two other precedents; the one, in the second year of King Henry IV., of a petition against the merchants of Genoa; the other, in the eleventh year of King Henry VI., of a petition against the merchants of the still-yard, which I omit, because they contain no variety of answer.

His lordship farther cited two precedents concerning other points of prerogative, which are

In the fourteenth year of King Edward III., the Commons petitioned, that the king would enter into certain covenants and capitulations with the Duke of Brabant; in which petition there was also inserted somewhat touching a money matter. The king's answer was, That for that which con

the king's supremacy ecclesiastical, the other, touching the order of weights and measures. The former of them was in the time of King Richard II., at what time the Commons complained against certain encroachments and usurpations of the pope: and the king's answer was, "The king hath given order to his council to treat with the bishops thereof." The other was in the eighteenth year of King Edward I., at which time complaint was made against uneven weights: and the king's answer was, "Vocentur partes ad placita regis, et fiat justitia ;" whereby it appeared, that the kings of this realm still used to refer causes petitioned in parliament to the proper places of cognisance and decision. But for the matter of war and peace, as appears in all the former precedents,

the kings ever kept it in "scrinio pectoris," in the shrines of their own breast, assisted and advised by their council of estate.

Inasmuch as his lordship did conclude his enumeration of precedents with a notable precedent in the seventeenth year of King Richard II., a prince of no such glory nor strength; and yet when he made offer to the Commons in parliament that they should take into their considerations matter of war and peace then in hand; the Commons, in modesty, excused themselves, and answered, "The Commons will not presume to treat of so high a charge." Out of all which precedents his lordship made this inference, that as "dies diem docet," so by these examples wise men will be admonished to forbear those petitions to princes, which are not likely to have either a welcome hearing, or an effectual answer.

And for prejudice that might come of handling and debating matter of war and peace in parliament, he doubted not, but that the wisdom of this House did conceive upon what secret considerations and motives that point did depend. For that there is no king which will providently and maturely enter into a war, but will first balance his own forces; seek to anticipate confederacies and alliances, revoke his merchants, find an opportunity of the first breach, and many other points, which, if they once do but take wind, will prove vain and frustrate. And, therefore, that this matter, which is "arcanum imperii," one of the highest mysteries of estate, must be suffered to be kept within the veil: his lordship adding, that he knew not well whether, in that which he had already said out of an extreme desire to give us satisfaction, he had not communicated more particulars than perhaps was requisite. Nevertheless, he confessed, that sometimes parliaments have been made acquainted with matter of war and peace in a generality: but it was upon one of these two motives; when the king and council conceived that either it was material to have some declaration of the zeal and affection of the people; or else when the king needed to demand moneys and aids for the charge of the wars; wherein if things did sort to war, we were sure enough to hear of it: his lordship hoping that his majesty would find in us no less readiness to support it than to persuade it.

Now, Mr. Speaker, for the last part wherein his lordship considered the petition, as it was recommended from us to the Upper House; his lordship delivered thus much from their lordships; that they would make a good construction of cur desires, as those which they conceived did rather spring out of a feeling of the king's strength, and out of a feeling of the subjects' wrongs; nay, more, out of a wisdom and depth to declare our forwardness, if need were, to assist his majesty's future resolutions, which declaration might be good use for his majesty's service,

when it should be blown abroad; rather, I say, than that we did in any sort determine by this their overture, to do that wrong to his highness's supreme power, which haply might be inferred by those that were rather apt to make evil than good illations of our proceedings. And yet, that their lordships, for the reasons before made, must plainly tell us, that they neither could nor would concur with us, nor approve the course; and therefore concluded, that it would not be amiss for us, for our better contentment, to behold the conditions of the last peace with Spain, which were of a strange nature to him that duly observes them; no forces recalled out of the Low Countries; no new forces, as to voluntaries, restrained to go thither; so as the king may be in peace, and never a subject in England but may be in war: and then to think thus with ourselves, that that king, which would give no ground in making his peace, will not lose any ground, upon just provocation, to enter into an honourable war. And that in the mean time we should know thus much, that there could not be more forcible negotiation on the king's part, but blows, to procure remedy of those wrongs; nor more fair promises on the King of Spain's part, to give contentment concerning the same; and, therefore, that the event must be expected.

And thus, Mr. Speaker, have I passed over the speech of this worthy lord, whose speeches, as I have often said, in regard of his place and judgment, are extraordinary lights to this House; and have both the properties of light, that is, conducting, and comforting. And although, Mr. Speaker, a man would have thought nothing had been left to be said, yet I shall now give you account of another speech, full of excellent matter and ornaments, and without iteration: which, nevertheless, I shall report more compendiously, because I will not offer the speech that wrong, as to report it at large, when your minds percase and attentions are already wearied.

The other earl, who usually doth bear a principal part upon all important occasions, used a speech, first of preface, then of argument. In his preface he did deliver, that he was persuaded that both Houses did differ rather in credulity and belief, than in intention and desire for it might be their lordships did not believe the information so far, but yet desired the reformation as much.

His lordship said farther, that the merchant was a state and degree of persons, not only to be respected, but to be prayed for, and graced them with the best additions; that they were the convoys of our supplies, the vents of our abundance, Neptune's almsmen, and fortune's adventurers. His lordship proceeded and said, this question was new to us, but ancient to them; assuring us, that the king did not bear in vain the device of the thistle, with the word, "Nemo me lacessit impune;" and that as the multiplying of his king

doms maketh him feel his own power; so the multiplying of our loves and affections made him to feel our griefs.

For the arguments or reasons, they were five in number, which his lordship used for satisfying us why their lordships might not concur with us in this petition. The first was the composition of our House, which he took in the first foundation thereof to be merely democratical, consisting of knights of shires and burgesses of towns, and intended to be of those that have their residence, vocation, and employment in the places for which they serve and therefore to have a private and local wisdom, according to that compass, and so not fit to examine or determine secrets of estate, which depend upon such variety of circumstances; and therefore added to the precedent formerly vouched, of the seventeenth of King Richard II., when the Commons disclaimed to intermeddle in matter of war and peace; that their answer was, that they would not presume to treat of so high and variable a matter. And although his lordship acknowledged that there be divers gentlemen, in the mixture of our House that are of good capacity and insight in matters of estate; yet that was the accident of the person, and not the intention of the place; and things were to be taken in the institution, not in the practice.

His lordship's second reason was, that both by philosophy and civil law, "ordinatio belli et pacis est absoluti imperii," a principal flower of the crown; which flowers ought to be so dear unto as, as we ought, if need were, to water them with our blood for if those flowers should, by neglect, or upon facility and good affection, wither and fall, the garland would not be worth the wearing.

His lordship's third reason was, that kings did so love to imitate "primum mobile," as that they do not like to move in borrowed motions; so that in those things that they do most willingly intend, yet they endure not to be prevented by request: whereof he did allege a notable example in King Edward III., who would not hearken to the petition of his Commons, that besought him to make the Black Prince Prince of Wales: but yet, after that repulse of their petition, out of his own mere motion he created him.

His lordship's fourth reason was, that it might be some scandal to step between the king and his own virtue; and that it was the duty of subjects rather to take honours from king's servants and give them to kings, than to take honours from kings and give them to their servants: which he did very elegantly set forth in the example of Joab, who, lying at the siege of Rabbah, and finding it could not hold out, writ to David to come and take the honour of taking the town.

His lordship's last reason was, that it may cast some aspersion upon his majesty; implying, as if the king slept out the sobs of his subjects, until he was awaked with the thunderbolt of a parliament.

But his lordship's conclusion was very noble, which was with a protestation, that what civil threats, contestation, art, and argument can do, hath been used already to procure remedy in this cause; and a promise, that if reason of state did permit, as their lordships were ready to spend their breath in the pleading of that we desire, so they would be ready to spend their bloods in the execution thereof.

This was the substance of that which passed.

That the difficulty, therefore, will be in the consequences thereof; for to the breach of treaty, doth necessarily succeed a despair of recovering the palatinate by treaty, and so the business falleth upon a war. And to that you will apply your speech, as being ine point of importance, and, besides, most agreeable to your profession and place.

To a war such as may promise success, there

cient forces and provisions; and a prudent and politic choice of the designs and actions whereby the war shall be managed.

For the quarrel, there cannot be a more just quarrel by the laws both of nature and nations. than for the recovery of the ancient patrimony of the king's children, gotten from them by an usurping sword, and an insidious treaty.

But further, that the war well considered is not for the palatinate only, but for England and Scotland; for if we stay till the Low Countrymen be ruined, and the party of the Papists within

Neither doth it concern the state only, but our church other kings, Papists, content themselves to maintain their religion, in their own dominions; but the kings of Spain run a course to make themselves protectors of the Popish religion, even amongst the subjects of other kings: almost like the Ottomans, that profess to plant the law of Mahomet by the sword; and so the Spaniards do of the pope's law. And, therefore, if either the king's blood, or our blood, or Christ's blood be dear unto us, the quarrel is just, and to be embraced.

For the point of sufficient forces, the balancing of the forces of these kingdoms and their allies, with Spain and their allies, you know to be a matter of great and weighty consideration; but yet to weigh them in a common understanding, for your part, you are of opinion that Spain is no such giant; or if he be a giant, it will be but like Goliath and David, for God will be on our side.

But to leave these spiritual considerations: you do not see in true discourse of peace and war, that we ought to doubt to be overmatched. To this opinion you are led by two things which lead all men; by experience, and by reason.

For experience; you do not find that for this age, take it for 100 years, there was ever any encounter between Spanish and English of importance, either by sea or land, but the English came off with the honour; witness the Lammas day, the retreat of Gaunt, the battle of Newport, and some others: but there have been some actions, both by sea and land, so memorable as scarce suffer the less to be spoken of. By sea, that of eighty-eight, when the Spaniards, putting themselves most upon their stirrups, sent forth that invincible armada which should have swallowed up England quick; the success whereof was, that although that fleet swam like mountains upon our seas, yet they did not so much as take a cock-boat of ours at sea, nor fire a cottage at land, but came through our channel, and were driven, as Sir Walter Raleigh says, by squibs, fire-boats he means, from Calais, and were soundly beaten by our ships in fight, and many of them sunk, and finally durst not return the way they came, but made a scattered perambulation, full of shipwrecks, by the Irish and Scottish seas to get home again; just according to the curse of the Scriptures, "that they came out against us one way, and fled before us seven ways." By land, who can forget the two voyages made upon the continent itself of Spain, that of Lisbon, and that of Cales, when in the former we knocked at the gates of the greatest city either of Spain or Portugal, and came off without seeing an enemy to look us in the face. And though we failed in our foundation, for that Antonio, whom we thought to replace in his kingdom, found no party at all, yet it was a true trial

go and come without any dispute. And for the latter, of Cales, it ended in victory; we ravished a principal city of wealth and strength in the high countries, sacked it, fired the Indian fleet that was in the port, and came home in triumph; and yet to this day were never put in suit for it, nor demanded reasons for our doings. You ought not to forgot the battle of Kinsale in Ireland, what time the Spanish forces were joined with the Irish, good soldiers as themselves, or better, and exceeded us far in number, and yet they were soon defeated, and their general D'Avila taken prisoner, and that war by that battle quenched and ended.

And it is worthy to be noted how much our power in those days was inferior to our present state. Then, a lady old, and owner only of England, entangled with the revolt of Ireland, and her confederates of Holland much weaker, and in no conjuncture. Now, a famous king, and strengthened with a prince of singular expectation, and in the prime of his years, owner of the entire isle of Britain, enjoying Ireland populate and quiet, and infinitely more supported by confederates of the Low Countries, Denmark, divers of the princes of Germany, and others. As for the comparison of Spain as it was then, and as it is now, you will for good respects forbear to speak; only you will say this, that Spain was then reputed to have the wisest council of Europe, and not a council that will come at the whistle of a favourite.

Another point of experience you would not speak of, if it were not that there is a wonderful erroneous observation, which walketh about, contrary to all the true account of time; and it is, that the Spaniard, where he once gets in, will seldom or never be got out again; and they give it an illfavoured simile, which you will not name, but nothing is less true: they got footing at Brest, and some other parts in Britain, and quitted it: they had Calais, Ardes, Amiens, and were part beaten out, and part they rendered: they had Vercelles in Savoy, and fairly left it: they had the other day the Valtoline, and now have put it in deposit. What they will do at Ormus we shall see. So that, to speak truly of latter times, they have rather poached and offered at a number of enterprises, than maintained any constantly. And for Germany, in more ancient time, their great Emperor Charles, after he had Germany almost in his fist, was forced in the end to go from Isburgh, as it were in a mask by torch-light, and to quit every foot of his new acquests in Germany, which you hope likewise will be the hereditary issue of this late purchase of the Palatinate. And thus much for experience.

For reason: it hath many branches; you will but extract a few first. It is a nation thin sown of men, partly by reason of the sterility of their soil, and partly because their natives are exhaust