Page:The Works of Francis Bacon (1884) Volume 1.djvu/484

 366 HISTORY OF KING HENRY VII. soever the fortune of the war were, the subject to any suit, where the demand is under the value should not suffer for his obedience. The spirit of forty pounds; for that in such cases of petty of this law was wonderful pious and noble, being lvalue it would not quit the charge, to go about like, in matter of war, unto the spirit of David in ; again, matter of plague; who said, &quot;If I have sinned, strike me: but what have these sheep done 1 ?&quot; Neither wanted this law parts of prudent and deep =&quot;&quot; A There was another law made against a branch of ingratitude in women, who having been ad vanced by their husbands, or their husbands an- foresight; for it did the better take away occa- | cestors, should alien, and thereby seek to defeat the sions for the people- to busy themselves to pry into heirs, or those in remainder, of the lands where- the king s title; for that howsoever it fell, their safety was already provided for. Besides, it could not but greatly draw unto him the love and hearts of the people, because he seemed more care ful for them than for himself. But yet, neverthe less, it did take off from his party that great tie and spur of necessity, to fight and go victors out of the field ; considering their lives and fortunes were put in safety and protected, whether they stood to it or ran away. But the force and obli gation of this law was in itself illusory, as to the latter part of it, by a precedent act of parliament to bind or frustrate a future. For a supreme and absolute power cannot conclude itself, neither can that which is in nature revocable be made fixed, no more than if a man should appoint or declare by his will, that if he made any latter will it should be void. And for the case of the act of parlia ment, there is a notable precedent of it in King Henry the Eighth s time ; who doubting he might die in the minority of his son, procured an act to pass, That no statute made during the minority of a king, should bind him or his successors, except it were confirmed by the king under his great seal at his full age. But the first act that passed in King Edward the Sixth s time was an act of re peal of that former act ; at which time neverthe less the king was minor. But things that do not bind, may satisfy for the time. There was also made a shoaring or underprop ping act for the benevolence : to make the sums which any person had agreed to pay, and never theless were not brought in, to be leviable by course of law. Which act did not only bring in the arrears, but did indeed countenance the whole business, and was pretended to be made at the desire of those that had been forward to pay. This parliament also was made that good law, which gave the attaint upon a false verdict be tween party and party, which before was a kind of evangile, irremediable. It extends not to causes capital, as well because they are for the most part at the king s suit, as because, in them, if they be followed in course of indictment, there passeth a double jury, the indictors and the triers: and so not twelve men, but four-and-twenty. But it seem- eth that was not the only reason ; for this reason loldeth not in the appeal. But the great reason was, lest it should tend to the discouragement of lurors in cases of life and death ; if they should be b ibjfiCi, to suit and penalty, where the favour of unto they had been so advanced. The remedy was, by giving power to the next, to enter for a forfeiture. There was also enacted that charitab]f law, for the admission of poor suitors in forma pauperis, without fee to counsellor, attorney, or clerk, where by poor men became rather able to vex than un able to sue. There were divers other good laws made that parliament, as we said before ; but we still observe our manner, in selecting out those that are not of a vulgar nature. The king, this while, though he sat in parlia ment, as in full peace, and seemed to account of the designs of Perkin, who was now returned into Flanders, but as a May-game ; yet having the composition of a wise king, stout without, and apprehensive within, had given order for the watching of beacons upon the coasts, and erecting more where they stood too thin, and had a care ful eye where this wandering cloud would break. But Perkin, advised to keep his fire, which hither to burned as it were upon green wood, alive with continual blowing, sailed again into Ireland, whence he had formerly departed, rather upon the hopes of France, than upon any unreadiness or discouragement he found in that people. But in the space of time between, the king s diligence and Poynings s commission had so settled things there, as there was nothing left for Perkin, but the blustering affection of wild and naked people. Wherefore he was advised by his council to seek aid of the King of Scotland, a prince young and valorous, and in good terms with his nobles and people, and ill affected to King Henry. At this time also both Maximilian and Charles of France began to bear no good will to the king : the one being displeased with the king s prohibition of commerce with Flanders ; the other holding the king for suspect, in regard of his late entry into league with the Italians. Wherefore, besides the open aids of the Duchess of Burgundy, which did with sails and oars put on and advance Perkin s designs, there wanted not some secret tides from Maximilian and Charles, which did further his fortunes : insomuch as they, both by their secret letters and messages, recommended him to the King of Scotland. Perkin, therefore, coming into Scotland upon those hopes, with a well-appointed company, was by the King of Scots, being formerly well prepared, honourably welcomed, and soon after liis arrival admitted to his presence, in a solemn
 * ue inaketh against ihem. It extendeth not also