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cipal parts. The first, the invitation and encouragement of undertakers; the second, the order and policy of the project itself. For as in all engines of the hand there is somewhat that giveth the motion and force, and the rest serveth to guide and govern the same so it is in these enterprises or engines of estate. As for the former of these, there is no doubt, but next unto the providence and finger of God, which writeth these virtuous and excellent desires in the tables of your Majesty's heart; your authority and affection is primus motor in this cause; and therefore the more strongly and fully your Majesty shall declare yourself in it, the more shall you quicken and animate the whole proceeding. For this is an action, which as the worthiness of it doth bear it, so the nature of it requireth it to be carried in some height of reputation, and fit in mine opinion for pulpits and parliaments, and all places to ring and resound of it. For that which may seem vanity in some things, I mean matter of fame, is of great efficacy in this case.

But now let me descend to the inferior spheres, and speak what co-operation in the subjects or undertakers may be raised and kindled, and by what means. Therefore to take plain grounds, which are the surest; all men are drawn into actions by three things, pleasure, honour, and profit. But before I pursue these three motives, it is fit in this place to interlace a word or two of the quality of the undertakers: wherein my opinion simply is, that if your Majesty shall make these portions of land, which are to be planted, as rewards or as suits, or as fortunes for those that are in want, and are likeliest to seek after them; that they will not be able to go through with the charge of good and substantial plantations, but will deficere in opere medio; and then this work will succeed, as Tacitus saith, "acribus initiis, fine incurioso." So that this must rather be an adventure for such as are full, than a setting up of those that are low of means: for those men indeed are fit to perform these undertakings, which were fit to purchase dry reversions after lives or years, or such as were fit to put out money upon long returns.

I do not say, but that I think the undertakers themselves will be glad to have some captains, or men of service, intermixed among them for their safety; but I speak of the generality of undertakers, which I wish were men of estate and plenty.

Now therefore it followeth well to speak of the aforesaid three motives. For it will appear the more, how necessary it is to allure by all means undertakers since those men will be least fit, which are like to be most in appetite of themselves; and those most fit, which are like least to desire it.

First, therefore, for pleasure: in this region or tract of soil, there are no warm winters, nor orangetrees, nor strange beasts, or birds, or other points of curiosity or pleasure, as there are in the Indies and the like so as there can be found no foundation made upon matter of pleasure, otherwise than that the very general desire of novelty and experiment in some stirring natures may work somewhat; and therefore it is the other two points, of honour and profit, whereupon we are wholly to rest.

For honour or countenance, if I shall mention to your Majesty, whether in wisdom you shall think convenient, the better to express your affection to the enterprise, and for a pledge thereof, to add the earldom of Ulster to the prince's titles, I shall but learn it out of the practice of king Edward I. who first used the like course, as a mean the better to restrain the country of Wales: and I take it, the prince of Spain hath the addition of a province in the kingdom of Naples: and other precedents I think there are and it is like to put more life and encouragement into the undertakers.

Also, considering the large territories which are to be planted, it is not unlike your Majesty will think of raising some nobility there? which, if it be done merely upon new titles of dignity, having no manner of reference to the old; and if it be done also without putting too many portions into one hand and lastly, if it be done without any great franchises or commands, I do not see any peril can ensue thereof. As on the other side, it is like it may draw some persons of great estate and means into the action, to the great furtherance and supply of the charges thereof.

And lastly, for knighthood, to such persons as have not attained it; or otherwise knighthood, with some new difference and precedence, it may, no doubt, work with many. And if any man think, that these things which I propound, are aliquid nimis for the proportion of this action, I confess plainly, that if your Majesty will have it really and effectually performed, my opinion is, you cannot bestow too much sunshine upon it. For "lunæ radiis non maturescit botrus." Thus much for honour.

For profit, it will consist in three parts:

First, The easy rates that your Majesty shall be pleased to give the undertakers of the land they shall receive.

Secondly, The liberties which you may be pleased to confer upon them. When I speak of liberties, I mean not liberties of jurisdiction; as counties palatine, or the like, which it seemeth hath been the error of the ancient donations and plantations in that country, but I mean only liberties tending to commodity; as liberty to transport any of the commodities growing upon the countries new planted; liberty to import from hence all things appertaining to their necessary use, custom-free; liberty to take timber or other materials in your Majesty's woods there, and the like.

The third is, ease of charge; that the whole mass of charge doth not rest upon the private purse of

the undertakers.

For the two former of these I will pass them over; because in that project, which with good diligence and providence hath been presented to your Majesty by your ministers of that kingdom, they are in my opinion well handled.

For the third, I will never despair, but that the parliament of England, if it may perceive, that this action is not a flash, but a solid and settled pursuit, will give aid to a work so religious, so politic, and so profitable. And the distribution of charge, if it

be observed, falleth naturally into three kinds of charge, and every of those charges respectively ought to have his proper fountain and issue. For as there proceedeth from your Majesty's royal bounty and munificence, the gift of the land, and the other materials; together with the endowment of liberties; and as the charge which is private, as building of houses, stocking of grounds, victual, and the like, is to rest upon the particular undertakers: so whatsoever is public, as building of churches, walling of towns, town houses, bridges, causeways, or highways, and the like, ought not so properly to lie upon particular persons, but to come from the public estate of this kingdom; to which this work is like to return so great an addition of glory, strength, and commodity.

For the project itself, I shall need to speak the less, in regard it is so considerately digested already for the county of Tyrone: and therefore my labour shall be but in those things wherein I shall either add to, or dissent from that which is set down; which will include five points or articles.

First, they mention a commission for this plantation which of all things is most necessary, both to direct and appease controversies, and the like.

To this I add two propositions: the one, that which perhaps is meant, though not expressed, that the commissioners should for certain times reside and abide in some habitable town of Ireland, near in distance to the country where the plantation shall be; to the end, both that they may be more at hand, for the execution of the parts of their commission; and withal it is like, by drawing a concourse of people and tradesmen to such towns, it will be some help and commodity to the undertakers for things they shall stand in need of: and likewise it will be a more safe place of receit and store, wherein to unlade and deposit such provisions as are after to be employed.

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satisfaction to some principal undertakers, if they may be admitted of that council.

Secondly, There is a clause wherein the undertakers are restrained, that they shall execute the plantation in person; from which I must dissent, if I will consent with the grounds I have already taken. For it is not probable that men of great means and plentiful estate will endure the travel, diseasements, and adventures of going thither in person: but rather, I suppose, many will undertake portions as an advancement for their younger children or kinsfolks; or for the sweetness of the expectation of a great bargain in the end, when it is overcome. And therefore, it is like they will employ sons, kinsfolks, servants, or tenants, and yet be glad to have the estate in themselves. And it may be, some again will join their purses together, and make as it were a partnership or joint adventure; and yet man forth some one person by consent, for the executing of the plantation.

Thirdly, There is a main point, wherein I fear the project hath made too much of the line and compass, and will not be so natural and easy to execute, nor yet so politic and convenient: and that is, that the buildings should be sparsim upon every portion; and the castle or principal house should draw the tenements and farms about it as it were into villages, hamlets, or endships; and that there should be only four corporate towns for the artificers and tradesmen.

My opinion is, that the buildings be altogether in towns, to be compounded as well of husbandries as of arts. My reasons are,

First, when men come into a country vast, and void of all things necessary for the use of man's life, if they set up together in a place, one of them will the better supply the wants of the other: workfolks of all sorts will be the more continually on work without loss of time; when, if work fail in one place, they may have it fast by; the ways will be made more passable for carriages to these seats or towns, than they can be to a number of dispersed solitary places; and infinite other helps and ease

will ensue in vicinity and society of people; whereas if they build scattered, as is projected, every man must have a cornucopia in himself for all things he must use; which cannot but breed much difficulty, and no less waste.

The second is, that your Majesty would make a correspondency between the commission there, and a council of plantation here: wherein I warrant myself by the precedent of the like council of plantation for Virginia; an enterprise in my opinion|ments, scarcely to be comprehended in cogitation, differing as much from this, as Amadis de Gaul differs from Cæsar's Commentaries. But when I speak of a council of plantation, I mean some persons chosen by way of reference, upon whom the labour may rest, to prepare and report things to the council of estate here, that concern that business. although your Majesty have a grave and sufficient council in Ireland; from whom, and upon whom, the commissioners are to have assistance and dependence; yet that supplies not the purpose whereof I speak. For, considering, that upon the advertisements, as well of the commissioners, as of the council of Ireland itself, there will be many occasions to crave directions from your Majesty and your privy council here, which are busied with a world of affairs; it cannot but give greater expedition, and some better perfection unto such directions and resolutions, if the matters may be considered of aforehand, by such as may have a continual care of the cause. And it will be likewise a comfort and

Secondly, it will draw out of the inhabited country of Ireland provisions and victuals, and many necessaries; because they shall be sure of utterance: whereas in the dispersed habitations, every man must reckon only upon that that he brings with him, as they do in provisions of ships.

Thirdly, the charge of bawnes, as they call them, to be made about every castle or house, may be spared, when the inhabitants shall be congregated only into towns.

And lastly, it will be a means to secure the country against future perils, in case of any revolt and defection: for by a slight fortification of no great charge, the danger of any attempts of kierns and sword-men may be prevented; the omission of which

point, in the last plantation of Munster, made the work of years to be but the spoil of days. And if any man think it will draw people too far off from the grounds they are to labour, it is to be understood, that the number of the towns be increased accordingly; and likewise, the situation of them be as in the centre, in respect of the portions assigned to them for in the champaign countries of England, where the habitation useth to be in towns, and not dispersed, it is no new thing to go two miles off to plough part of their grounds; and two miles compass will take up a good deal of country.

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The fourth point, is a point wherein I shall differ from the project rather in quantity and proportion, than in matter. There is allowed to the undertaker, within the five years of restraint, to alien a third part in fee farm, and to demise another third for forty years which I fear will mangle the portions, and will be but a shift to make money of two parts; whereas, I am of opinion, the more the first undertaker is forced to keep in his own hands, the more the work is like to prosper. For first, the person liable to the state here to perform the plantation, is the immediate undertaker. Secondly, the more his profit dependeth upon the annual and springing commodity, the more sweetness he will find in putting forward manurance and husbanding of the grounds, and therefore is like to take more care of it. Thirdly, since the natives are excluded, I do not see that any persons are like to be drawn over

of that condition, as are like to give fines, and undertake the charge of building. For I am persuaded, that the people transported will consist of gentlemen and their servants, and of labourers and hinds, and not of yeomen of any wealth. And therefore the charge of buildings, as well of the tenements and farms, as of the capital houses themselves, is like to rest upon the principal undertakers. Which will be recompensed in the end to the full and with much advantage, if they make no long estates or leases. And therefore this article to receive some qualification.

Fifthly, I should think it requisite that men of experience in that kingdom should enter into some particular consideration of the charges and provisions of all kinds, that will be incident to the plantation; to the end, that thereupon some advice may be taken for the furnishing and accommodating them most conveniently, aiding private industry and charge with public care and order.

Thus I have expressed to your Majesty those simple and weak cogitations, which I have had in myself touching this cause, wherein I most humbly desire your pardon, and gracious acceptance of my good affection and intention. For I hold it for a rule, that there belongeth to great monarchs, from faithful servants, not only the tribute of duty, but the oblations of cheerfulness of heart. And so I pray the Almighty to bless this great action, with your Majesty's care; and your care with happy

success.

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.

AND it please you, Mr. Speaker, I do not find causes of estate did use a speech that contained a myself any ways bound to report that which passed world of matter; but how I shall be able to make a at the last conference touching the Spanish griev-globe of that world, therein I fear mine own strength. ances, 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

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 the bill of hostile laws; quitting that business with these few words; that he would discharge our expectation of reply, because their lordships had 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 | you say if your ship, which you complain to be unover with like brevity. But he did foresee his way, der arrest, be now under sail in way homewards ?" that it would prove not only long, but likewise hard Which fell out accordingly: the same person conto find, and hard to keep; this cause being so to be fessing, six days after, to the lords, that she was incarried, as above all no wrong be done to the king's deed in her way homewards. sovereignty and authority: and in the second place, no misunderstanding do ensue between the two houses. And therefore that he hoped his words would receive a benign interpretation; knowing well that pursuit 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.

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 general 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.

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 compassion and help; but yet nevertheless, that he must use that loving plainness to them as to tell them, that in many things they were authors of their own miseries. For since the dissolving of the company, which was termed the

And thirdly, As from the lower house it was re- monopoly, and was set free by the special instance commended to the higher house.

In the first of these considerations there fell out naturally a subdivision into the persons of the petitioners, and the matter and parts of the petition. In the persons of the merchants his lordship 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'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 absence, and, as it were, exile, out of their native countries; to arrest in entrances of war; to foreign injustice and rigour in times of peace: and many other sufferances and adventures. But that there were others that took a more safe, but a less generous course in raising their fortunes. He taxed none, but did attribute much more respect to the former.

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 expostulary letters touching the same. Whereupon 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

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of this house, there hath followed such a confusion and relaxation in order and government amongst them, as they do not only incur many inconveniences, and commit many errors; but in the pursuits of their own remedies and suits they do it so impoliticly, and after such a fashion, as, except lieger ambassadors, which are the eyes of kings in foreign parts, should leave their centinel, and become merchants' factors, and solicitors, their causes can hardly prosper. And, which is more, such is now the confusion in the trade, as shop-keepers and handy-craftsmen become merchants there; who, being bound to no orders, seek base means, by gifts and bribery, to procure favours at the hands of officers there. So as the honest merchant, that trades like a substantial merchant, and loves not to take servile courses to buy the right due to him by the amity of the princes, can have no justice without treading in their steps.

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 no wise 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 inverted due order, addressing themselves to the 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.

Fifthly, His lordship did observe, that as they had not preferred their petition as it should be, so they had not pursued their own direction as it was. For having directed their petition to the king, the lords spiritual and temporal, and the commons in parliament assembled, it imported, as if they had offered the like petition to the lords; which they never did contrary not only to their own direction but likewise to our conceit, who pre-supposed, as it should seem by some speech that passed from us at a former conference, that they had offered several petitions of like tenor to both houses. So have you now those eight observations, part general, part special, which his lordship made touching the persons of those which exhibited the petition, and the circumstances of the same.

For the matter of the petition itself, his lordship made this division, that it consisteth of three parts. 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.

to the multitudes and diversity of tribunals and places of justice, and the number of the king's councils, full of referrings, which ever prove of necessity to be deferrings; besides the great distance of territories: all which have made the delays of Spain to come into a by-word through the world. Wherein I think his lordship might allude to the proverb of Italy, "Mi venga la morte di Spagna," Let my death come from Spain, for then it is sure to be long a coming.

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 more forcible; which was, that many of these wrongs were not sustained without some aspersion of the merchants' 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 that if an English cloth take but a dye in the Low 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

And thirdly, The remedy desired by letters of the price; and they have a custom in the transport

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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.

Secondly, His lordship ascribed these delays, not so much to malice or alienation of mind towards us, as to the nature of the people and nation, which is proud, and therefore dilatory; for all proud men are full of delays, and must be waited on: and especially

ing. 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 likewise debarred; such a vigilant dragon is there that keepeth this golden fleece: yet nevertheless, such was his Majesty's magnanimity in the debate and conclusion of the last treaty, as he would never condescend to any article, importing the exclusion of his subjects from that trade as a prince that would not acknowledge that any such right could grow to the crown of Spain by the donative of the pope, whose authority he disclaimeth; or by the title of a dispersed and punctual occupation of certain territories in the name of the rest; but stood firm to reserve that

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