An essay of a king with an explanation what manner of persons those should be that are to execute the power or ordinance of the kings prerogative / written by the Right Honorable Francis, Lord Verulam, Viscount Saint Alban.

An essay of a king with an explanation what manner of persons those should be that are to execute the power or ordinance of the kings prerogative / written by the Right Honorable Francis, Lord Verulam, Viscount Saint Alban.

Table of contents

Title page

An Eſſay of a King written by Sir Francis Bacon.

An explanation what manner of perſons thoſe ſhould be, that are to execute the power or Ordinance of the Kings Prerogative, written by the ſaid Sir Francis Bacon late Lord Chancellour, and Lord St. Albans.

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AN ESSAY OF A KING, WITH An explanation what manner of perſons thoſe ſhould be that are to execute the power or ordinance of the KINGS Prerogative. WRITTEN By the Right Honorable Francis, Lord Verulam Viſcount Saint Alban.

Decemb. 2. LONDON, Printed for Richard Beſt, 1642.

An Eſſay of a King written by Sir Francis Bacon.

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A King is a mortall God on Earth, unto whom the living God hath lent his own name as a great honour: But withall told him hee ſhould die like a man, leſt he ſhould be proud and flatter himſelf, that God hath with his name imparted unto him his nature alſo.

2 Of all kinds of men, God is leaſt beholding unto them, for he doth moſt for them, and they do ordinarily leaſt for him.

3 A King that would not feele his Crown too heavy for him, muſt weare it every day, but if he think it too light, he knoweth not of what mettall it is made of.

4 He muſt make Religion the Rule of government, and not the Scale; for he that caſteth in Religion onely to make the ſcales even, his own weight is contained in theſe Characters Tekel uphraſin, he is found too light, his Kingdom ſhall be taken from him.

5 And that King that holds not Religion the beſt reaſon of ſtate, is void of all piety and juſtice, the Supporters of a King.

6 He muſt be able to give Counſell himſelf, but not to relye thereupon: for though happy events juſtifie their Councels, yet it is better that the evill event of [Page] good advice be rather imputed to a Subject then a Sovereigne.

7 He is the Fountain of Honour, which ſhould not run with a waſt pipe, leſt the Courtiers [...]ell the waters, and then (as Papiſts ſay of their holy Wels) to loſe the vertue.

8 He is the life of the Law, not onely as he is lex loquens himſelf, but becauſe he animateth the dead letter, making it active towards all his Subjects praemio & poena.

9 A wiſe King muſt doe leſſe in altering his Laws, then he may; for new government is ever dangerous, it being true in the body politique, as in the corporall, that omnis ſubita mutatio eſt periculoſa, and though it be for the better, yet it is not without a fearfull apprehenſion; For he that changeth the fundamentall Laws of a Kingdome, thinketh that there is no good title to a Crown but by conqueſt.

10 A King that ſetteth to ſale Seats of Juſtice, oppreſſeth the People, for he teacheth his Judges to fell Juſtice, and praecio parata, praecio vincitur Juſticia.

Bounty and Magnificence are vertues, verae Regiae, but a prodigall King is neerer a Tyrant, then a parcimonious: for ſtore at home draweth his contemplations abroad, but want ſupplyeth it ſelf of what is next, and many times the next way, and herein he muſt be wiſe and know, wh [...]t he may juſtly doe.

12 That King which is not feared, is not loved, and he that is well ſeen in his craft, muſt as well ſtudy to be feared as loved, yet not loved for feare, but feared for love.

13 Therefore as hee muſt alwayes reſemble him whoſe great name he beareth, and that in manifeſting [Page] the ſweet influence of his mercy over the ſevere ſtroke of his Juſtice ſometimes, ſo in this not to ſuffer a man of death to live, for beſides that the Land doth mou [...]n, the reſtraint of Juſtice towards ſin doth more retard the affection of love, then the extent of mercy doth enflame it, and ſure where love is beſtowed, feare is quite loſt.

14 His greateſt Enemies are his Flatterers, for though they ever ſpeak on his ſide, yet their words ſtill make againſt them.

15 The love which a King oweth to the weal-publike, ſhould not be reſtrained to any one particular, yet that his more ſpeciall favour do reflect upon ſome worthy ones, is ſomwhat neceſſary, becauſe there are ſo few of that capacity.

Hee muſt have a ſpeciall care of five things, if hee would not have his Crown to be put upon him.

Firſt, that ſimulata ſanctitas, be not in the Church, for that is duplex iniquitas.

Secondly, that inutilis aequitas, ſit not in the Chancecery, for that is inepta miſericordia.

Thirdly, that utilis iniquitas, keep not the Exchequer, for it is crudele latrocinium.

Fourthly, that fidelis temeritas be not his Generall, for that will bring but ſeram poenitentiam.

Fiftly, that infidelis prudentia, be not his Secretary, for that he is Anguis ſub viridi herba.

To conclude, as he is of the greateſt power, ſo hee is ſubject to the greateſt cares, made the ſervant of his people, or elſe he were without a calling at all.

He then that honoureth him not, is next an Atheiſt wanting the feare of God in his heart.

An explanation what manner of perſons thoſe ſhould be, that are to execute the power or Ordinance of the Kings Prerogative, written by the ſaid Sir Francis Bacon late Lord Chancellour, and Lord St. Albans.

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THat abſolute Prerogative according to the Kings pleaſure revealed by his Lawes, may be exerciſed and executed by any Subject, to whom power may be given by the King, in any place of Judgement or Commiſsion, which the King by his Law hath ordained, in which the Judge ſubordinate cannot wrong the people, the Law laying downe a meaſure by which every Judge ſhould governe or execute; Againſt which Law if any Judge proceed, he is by the Law queſtionable and puniſhable for his tranſgreſsion.

In this nature are all the Judges and Commiſsioners of the Land no otherwiſe then in their Courts, in which the King in perſon is ſuppoſed to ſit who cannot worke that treſpaſſe, Felony or treaſon which the Law hath not made ſo to be, neither can puniſh the guilty by other puniſhment then the Law hath appointed.

This Prerogative or power as it is over all the Subjects ſo being knowne by the Subjects, they are without excuſe if they offend; and ſuffer no wrong, if they be puniſhed. And by this prerogative the King governeth all ſorts of people according unto knowne will.

The abſolute prerogative which is in Kings according to their private will and judgement cannot be executed by any Subject, neither is it poſſible to give ſuch power by Commiſſion, or fit to ſubject the people to the ſame. For the King in that he is the ſubſtitute of God immediatly [Page] the Father of his people, and head of the Common wealth by participation with God and his ſubjects, Diſcretion, Iudgement, and feeling love towards thoſe over whom he raigneth only proper to himſelfe, or to his places and perſon, who ſeeing he cannot in any others diffuſe his wiſedome, power, or gifts, which God in reſpect of his place and charge hath enabled him withall, can neither ſubordinate any other Iudge to governe by that knowledge, which the King can no otherwiſe then by his knowne will participate unto him. And if any ſubordinate Iudge ſhall obtaine Commiſsion according, of ſuch Iudge to govern the people, that Iudge is bound to think that to be his ſound diſcretion, in which the law in which the Kings known will ſheweth unto him to be that Iuſtice which hee ought to adminiſter: otherwiſe he might ſeeme to eſteeme himſelfe above the Kings law, who will not governe by him, or to have a power derived from other then from the King, which in the Kingdome will adminiſter Iuſtice contrarie to the juſtice of the Land. Neither can ſuch a Judge or Commiſsioner under the name of his high Authoritie ſhrowde his owne high affection, ſeeing the Conſcience and diſcretion of every man is particular and private to himſelfe; As the diſcretion of the Judge cannot be properly or poſsibly the diſcretion of the King, or conſcience of the King; And if not his diſcretion, neither the Judgement that is ruled by another m [...]ns only. Therefore it may ſeeme they rather deſire to bee Kings then to rule the people under the King, which will not adminiſter Juſtice by law, but by their owne wills.

This Adminiſtration in a ſubject is derogative to the Kings Prerogative, for he adminiſtreth Juſtice out of a [Page] private direction, being not capable of a generall direction, how to uſe the Kings pleaſure in Cauſes of particular reſpect, which if another then the King himſelfe can doe, how can it be ſo, that any man ſhould deſire that which is unfit and impoſsible, but that it muſt p [...]oceed out of ſome exorbitant affection, the rather ſeeing ſuch places to be full of trouble, and being altogether unneceſſary, no man will ſeeke to thruſt himſelfe into it, but for hope of gaine. Then is not any prerogative oppugned but maintained, though it be deſired that every ſubordinate Magiſtrate may not be made ſupreame, whereby he may ſeale up the hearts of the people, take from the King the reſpect due unto him only, or to judge the people otherwiſe then the King doth himſelfe.

And although the Prince be not bound to render any accompt to the Law, which in perſon adminiſtreth it ſelfe. Yet every ſubordinate Judge muſt render an accompt to the King by his lawes how hee hath adminiſtred Juſtice in his place where he is ſet. But if he hath power to rule by private direction, for which there is no law, how can he be queſtioned by a law, if in his private cenſure he offendeth.

Therefore it ſeemeth that in giving ſuch authority the King ordaineth not ſubordinate Magiſtrates, but abſolute Kings; And what doth the King leave to himſelfe, who giveth ſo much to others as he hath himſelf? neither is there a greater bond to tie the ſubject to his Prince in particular then when he ſhal have recourſe unto him in his perſon or in his power for releif of the wrongs which from private men be offered, or for reformation of the oppreſsions which any ſubordinate Magiſtrate ſhall impoſe upon the people: there can be no offence in [Page] the Judge, who hath power to execute according to his diſcretion, when the diſcretion of any Judge ſhall be thought fit to be unlimited; And therefore there can be therein no reformation, whereby the King in this uſeth no prerogative to gaine his Subjects right. Then the ſubject is bound to ſuffer helpleſſe wrong, and the diſcontent of the people is caſt upon the King, the lawes being neglected, which with their equitie in all other Cauſes and Judgements, ſaving this, interpoſe themſelves and yeeld remedy.

And to conclude,1. Cuſtome. 2. Wiſdome. 3. Juſtice. 4. Rule againſt it. Cuſtome cannot confirme that which is any wayes unreaſonable of it ſelfe; Wiſedome will not allow that which is many wayes dangerous, and no wayes profitable; Juſtice will not approve that government where it cannot be, but wrong muſt bee committed. Neither can there be any rule by which to try it, nor meanes for reformation of it.

Therefore whoſoever deſireth Government, muſt ſeeke ſuch as he is capable of, not ſuch as ſeemeth to himſelfe moſt eaſie to execute; For it appeareth that it is eaſie to him that knoweth not law nor juſtice to rule as he liſteth, his will never wanting a power to it ſelfe: but it is ſafe and blameleſſe both for the Judge and People, and honour to the King, that Judges bee appointed who know the Law, and that they bee limited to governe according to the Law.

FINIS.

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Information about this book

Title statement

An essay of a king with an explanation what manner of persons those should be that are to execute the power or ordinance of the kings prerogative / written by the Right Honorable Francis, Lord Verulam, Viscount Saint Alban.

Bacon, Francis, 1561-1626.

Edition statement

1642

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Publisher

Text Creation Partnership,

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Ann Arbor, MI ; Oxford (UK) :

Date

2008-09 (EEBO-TCP Phase 1).

ID [DLPS]

A69585

ID [STC]

Wing B282

ID [STC]

ESTC R16627

ID [EEBO-CITATION]

11930904

ID [OCLC]

ocm 11930904

ID [VID]

51109

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(EEBO-TCP ; phase 1, no. A69585)

Transcribed from: (Early English Books Online ; image set 51109)

Images scanned from microfilm: (Early English books, 1641-1700 ; 50:15 or 249:E128, no 38)

Source

— An essay of a king with an explanation what manner of persons those should be that are to execute the power or ordinance of the kings prerogative / written by the Right Honorable Francis, Lord Verulam, Viscount Saint Alban., Bacon, Francis, 1561-1626..

Extent

8 p.

Printed for Richard Best,. London :: 1642.. (Reproduction of original in Huntington Library and Thomason Collection, British Library.)

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