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father from attorney of the wars, Bromley from
solicitor, Puckering from sergeant, Egerton from
master of the rolls, having newly left the attor-
ney's place. Now I beseech your majesty, let
me put you the present case truly. If you take
my Lord Coke, this will follow: first, your ma-
jesty shall put an overruling nature into an over-
ruling place, which may breed an extreme; next,
you shall blunt his industries in matter of finances,
which seemeth to aim at another place. And,
lastly, popular men are no sure mounters for your
majesty's saddle. If you take my Lord Hubbard,
you shall have a judge at the upper end of your
council-board, and another at the lower end;
whereby your majesty will find your prerogative
pent. For, though there should be emulation be-
tween them, yet as legists they will agree, in
magnifying that wherein they are best, he is no
statesman, but an economist, wholly for himself.
So as your majesty (more than an outward form)
will find little help in him, for the business. If
you take my Lord of Canterbury, I will say no
more, but the chancellor's place requires a whole
man. And to have both jurisdictions, spiritual
and temporal, in that height, is fit but for a king.

For myself, I can only present your majesty with "gloria in obsequio;" yet I dare promise, that if I sit in that place, your business shall not make such short terms upon you, as it doth; but when a direction is once given, it shall be pursued and performed; and your majesty shall only be troubled with the true care of a king, which is to think what you would have done in chief, and not how, for the passages.

hearts by advancing. For I see your people can better skill of "concretum" than "abstractum," and that the waves of their affections flow rather after persons than things. So that acts of this nature (if this were one) do more good than twenty bills of grace.

If God call my lord, the warrants and commissions which are requisite for the taking the seal, and for the working with it, and for the reviving of warrants under his hand, which die with him, and the like, shall be in readiness. And in this time presseth more, because it is the end of a term, and almost the beginning of the circuits: so that the seal cannot stand still. But this may be done, as heretofore, by commission, till your majesty hath resolved of an officer. God ever preserve your majesty.

Your majesty's most humble subject,
and bounden servant.

Feb. 12, 1615.

A LETTER TO THE KING, OF MY LORD CHANCEL-
LOR'S AMENDMENT, AND THE DIFFERENCE
BEGUN BETWEEN THE CHANCERY AND KING'S
BENCH.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

I do find (God be thanked) a sensible amend-
ment in my lord chancellor; I was with him yes-
terday in private conference, about half an hour,
and this day again, at such times as he did seal,
which he endured well almost the space of an
hour, though the vapour of the wax be offensive
to him. He is free from a fever, perfect in his
powers of memory and speech, and not hollow in
his voice nor looks.
He hath no panting, nor
labouring respiration, neither are his couglis dry
or weak. But whosoever thinketh his disease to

I do presume, also, in respect of my father's
memory, and that I have been always gracious in
the Lower House, I have interest in the gentle-
men of England, and shall be able to do some
good effect, in rectifying that body of Parliament be but melancholy, maketh no true judgment of
men, which is "cardo rerum." For, let me tell it, for it is plainly a formed and deep cough, with
your majesty, that that part of the chancellor's a pectoral surcharge, so that, at times, he doth
place, which is to judge in equity, between party almost "animam agere." I forbear to advertise
and party, that same "regnum judiciale," (which, your majesty of the care I took to have commis-
since
father's time, is but too much enlarged,) sioners in readiness, because Master Secretary
concerneth your majesty least, more than the ac- Lake hath let me understand he signified as much
quitting your.conscience for justice. But it is the to your majesty. But I hope there shall be no
other parts of a moderator, amongst your council, use of them for this time.
of an overseers over your judges, of a planter of
fit justices, and governors in the country, that im-
porteth your affairs in these times most.

my

And, as I am glad to advertise your majesty of the amendment of your chancellor's person, so I am sorry to accompany it with an advertisement I will add also, that I hope, by my care, the of the sickness of your Chancery Court; though, inventive part of your council will be strength-by the grace of God, that cure will be much ened, who now, commonly, do exercise rather easier than the other. It is true, I did lately their judgments than their inventions: and the write to your majesty, that for the matter of "hainventive part cometh from projectors, and private beas corpora," (which was the third matter in law men, which cannot be so well; in which kind my you had given me in charge,) I did think the com Lord of Salisbury had a good method, if his ends munion of service between my lord chancellor, had been upright. and my lord chief justice, in the great business of examination, would so join them, as they would not square at this time. But pardon me. humbly pray your majesty, if I have too rea

To conclude, if I were the man I would be, I should hope, that as your majesty hath of late won hearts by depressing, you should in this leese no

I

Your true and affectionate servant.

sonable thoughts. And yet that which happened you, and long and happily may you serve his the last day of the term concerning certain indict- majesty. ments, in the nature of præmunire, preferred into the King's Bench, but not found, is not so much Feb. 10, 1615. as is noised abroad, though, I must say, it was ❝omni tempere nimium, et hoc tempore alienum." And, therefore, I beseech your majesty not to give any believing ear to reports, but to receive the truth from me that am your attorney-general, and ought to stand indifferent for jurisdictions of all courts; which, I account, I cannot give your SIR FRANCIS BACON TO THE KING, CONCERNING majesty now, because I was then absent, and some are now absent, which are properly and authentically to inform me, touching that which passed. Neither let this any way disjoint your other business; for there is a time for all things, and very accident may be turned to good; not that I am of opinion that the same cunning maxim of "separa et impera," which sometimes holdeth in persons, can well take place in jurisdiction; but because some good occasion by this excess may be taken, to settle that which would have been more dangerous, if it had gone on, by little and little. God preserve your majesty.

BENCH

THE PRÆMUNIRE IN THE KING'S
AGAINST THE CHANCERY.

Your majesty's most humble subject,
and most bounden servant.

Feb. 15th, 1615.

A LETTER TO SIR GEORGE VILLIERS, TOUCHING
THE DIFFERENCE BETWEEN THE COURTS OF

CHANCERY AND KING'S BENCH.

SIR,

I received this morning from you two letters by the same bearer, the one written before the other, both after his majesty had received my last. In this difference between the two courts of Chancery and King's Bench, (for so I had rather take it at this time, than between the persons of my lord chancellor, and my lord chief justice,) I marvel not, if rumour get way of true relation; for I know fame hath swift wings, especially that which hath black feathers; but within these two days (for sooner I cannot be ready) I will write to his majesty both the narrative truly, and my opinion sincerely, taking much comfort, that I serve such a king, as hath God's property, in discerning truly of men's hearts. I purpose to speak with my lord chancellor this day, and so to exhibit that cordial of his majesty's grace, as I hope this other accident will rather rouse and raise his spirits, than deject him, or incline him to a relapse; mean while, I commend the wit of a mean man, that said this other day, well, (saith he,) next term you shall have an old man come with a besom of wormwood in his hand, that will sweep away all this. For it is my lord chancellor's fashion, especially towards the summer, to carry a posy of wormwood. I write this letter in haste, to return the messenger with it. God keep

POSTSCRIPT.

Sir, I humbly thank you for your inward letter: I have burned it as you commanded, but the flame it hath kindled in me will never be extinguished.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
I was yesterday in the afternoon, with my lord
chancellor, according to your commandment,
which I received by the Mr. of the Horse, and
find the old man well comforted, both towards
God and towards the world.
And the same
middle comfort, which is a divine and humane,
proceeding from your majesty, being God's lieu-
tenant on earth, I am persuaded hath been a great
cause, that such a sickness hath been portable to
such an age.
I did not fail in my conjecture,
that this business of the Chancery hath stirred
him. He showeth to despise it, but yet he is
full of it, and almost like a young duellist that
findeth himself behindhand.

I will now (as your majesty requireth) give you a true relation of that which passed; neither will I decline your royal commandment, for delivering my opinion also; though it be a tender subject to write on. But I, that account my being but an accident to my service, will neglect no duty upon self-safety. First, it is necessary I let your majesty know the ground of the difference between the two courts, that your majesty may the better understand the narrative.

There was a statute made 27 Ed. 3, Cap. 1, which (no doubt) in the principal intention thereof, was ordained against those that sued to Rome, wherein there are words somewhat general, against any that questioneth or impeacheth any judgment given in the king's courts, in any other courts. Upon these doubtful words (other courts) the controversy groweth; for the sounder interpretation taketh them to be meant of those courts which, though locally they were not held at Rome, or where the pope's chair was, but here within the realm, yet in their jurisdiction had their dependency upon the court of Rome; as were the court of the legate here, and the courts of the archbishops and bishops, which were then but subordinate judgment seats, to that high tribunal of Rome.

27 E. 3.

Cap. 1.

And, for this construction, the opposition of the words, (if they be well observed) between the king's courts and other courts, maketh very much; for it importeth as if those other courts were not

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the king's courts. Also the main scope of the
statute fortifieth the same; and, lastly, the prac-
tice of many ages.
The other interpretation,
which cleaveth to the letter, expoundeth the
king's courts to be the courts of law only, and
other courts to be courts of equity, as the Chan-
cery, Exchequer Chamber, Duchy, etc., though
this also flieth indeed from the letter; for that all
these are the king's courts.

There is also another statute, which is 4 H. 4. but a simple prohibition, and not with Cap. 23. a penalty of præmunire, as the other is, that after judgments given in the king's court, the parties shall be in peace, except the judgments be undone, by error, or attaint, which is a legal form of reversal. And of this also, I hold the sounder interpretation to be, to settle possessions against disturbances, and not to take away remedy in equity, where those judgments are obtained ex rigore juris," and against good conscience.

But upon these two statutes, there hath been a late conceit in some, that if a judgment pass at the common law against any, he may not after sue for relief in Chancery; and if he do, both he and his counsel, and his solicitor, yea, and the judge, in equity, himself, are within the danger of those statutes. There your majesty hath the true state of the question, which I was necessarily to show you first, because your majesty calleth for this relation, not as news, but as business. Now to the historical part; it is the course of the King's Bench, that they give in charge to the grand jury offences of all natures to be presented within Middlesex, where the said court is; and the manner is to enumerate them, as it were in articles. This was done by Justice Crooke, the Wednesday before the term ended: and that article, "if any man after a judgment given had drawn the said judgment to a new examination in any other court," was by him especially given in charge, which had not used to be given in charge before. It is true, it was not solemnly dwelt upon, but, as it were, thrown in amongst the rest. The last day of the term (and that which all men condemn, the supposed last day of my lord chancellor's life) there were two indictments preferred of "præmunire," for suing in Chaneery after judgment at common law; The one by Richard Glandvile, the other by William Allen; the former against Courtney, the party in Chancery, Gibb, the counsellor, and Deurst, the clerk. The latter against Alderman Bowles, and Humfrey Smith, parties in Chancery, Serjeant Moore, the counsellor, Elias Wood, solicitor in the cause, and Sir John Tyndal, master of the Chancery, and an assessor to my lord chancellor. For the cases themselves, it were too long to trouble your majesty with them; but this I will say, if they were Bet on that preferred them, they were the worst

workmen that ever were that set them on; for, there could not have been chosen two such causes, to the honour and advantage of the Chancery, for the justness of the decrees, and the foulness and scandal, both of fact and person, in those that impeach the decrees.

The grand jury, consisting (as it seemeth) of very substantial and intelligent persons, would not find the bills, notwithstanding that they were much clamoured by the parties, and twice sent back by the court; and, in conclusion, resolutely 17 of 19 found an "Ignoramus;" wherein, for that time, I think "Ignoramus" was wiser than those that knew too much.

Your majesty will pardon me, if I be sparing in delivering to you some other circumstances of aggravation, and concurrences of some like matters the same day, as if it had been some fatal constellation. They be not things so sufficiently tried, as I dare put them into your ear.

For my opinion, I cannot but begin with this preface, that I am infinitely sorry that your majesty is thus to put to salve and cure, not only accidents of time, but errors of servants. For I account this a kind of sickness of my Lord Coke's that comes almost in as ill a time, as the sickness of my lord chancellor. And as I think it was one of the wisest parts that ever he played, when he went down to your majesty to Royston, and desired to have my lord chancellor joined with him; so this was one of the weakest parts that ever he played, to make all the world perceive that my lord chancellor is severed from him at this time.

But for that which may concern your service, which is my end, (leaving other men to their own ways:) First, my opinion is plainly, that my Lord Coke, at this time, is not to be disgraced, both because he is so well habituated for that which remaineth of these capital causes, and also for that which I find is in his breast touching your finances, and matter of repair of your estate. And (if I might speak it) as I think it were good his hopes were at an end in some kind, so I could wish they were raised in some other. On the other side, this great and public affront, not only to the reverend and well-deserving person of your chancellor, (and at a time when he was thought to lie a dying, which was barbarous,) but to your high court of Chancery, (which is the court of your absolute power,) may not (in my opinion) pass lightly, nor end only in some formal atonement; but use is to be made thereof, for the settling of your authority, and strengthening of your prerogative, according to the rules of monarchy. Now to accommodate and reconcile these advices, which seem alınost opposite.

First, your majesty may not see it (though I confess it be suspicious) that my Lord Coke was any way aforehand privy to that which was done, or that he did set it or animate it, but only took

B

the matter as it came before him, and that his error was only that at such a time he did not divert it in some good manner.

Second, if it be true (as is reported) that any of the puisne judges did stir this business, or that they did openly revile and menace the jury for doing their conscience, (as they did honestly and truly,) I think that judge is worthy to lose his place. And, to be plain with your majesty, I do not think there is any thing, a greater "Polycreston, ad multa utile" to your affairs, than, upon a just and fit occasion, to make some example against the presumption of a judge, in causes that concern your majesty; whereby the whole body of those magistrates may be contained to better awe; and it may be, this will light upon no unfit subject, of a person that is rude, and that no man cares for.

Thirdly, if there be no one so much in fault, (which I cannot yet affirm, either way, and there must be a just ground, God forbid else,) yet I should think, that the very presumption of going so far in so high a cause deserveth to have that done, which was done in this very case, upon the indictment of Serjeant Heale, in Queen Elizabeth's time, that the judges should answer it upon their knees before your majesty, or your council, and receive a sharp admonition; at which time also, my Lord Wrey, being then chief justice, slipped the collar, and was forborne.

Fourthly, for the persons themselves, Glanvile and Allen, which are base fellows, and turbulent, I think there will be discovered and proved against them (besides the preferring of the bill) such combination and contemptuous speeches and behaviour as there will be good ground to call them, and perhaps some of their petty counsellors at law, into

card-holder or candle-holder, will make profit of this accident, as a thing of God's sending.

Lastly, I may not forget to represent to your majesty, that there is no thinking of arraignment until these things be somewhat accommodated, and some outward and superficial reconciliation. at least, made between my lord chancellor and my lord chief justice; for this accident is a banquet to all Somerset's friends. But this is a thing that falleth out naturally of itself, in respect of the judges going circuit, and my lord chancellor's infirmity, with hope of recovery. And although this protraction of time may breed some doubt of mutability, yet I have lately learned, out of an excellent letter of a certain king, that the sun showeth sometimes watery to our eyes, but when the cloud is gone, the sun is as before. God preserve your majesty.

Your majesty's most humble subject, and most bounden servant.

Febr. 21, 1617.

Your majesty's commandment speaketh for pardon of so long a letter; which yet I wish may have a short continuance, and be punished with fire.

SIR FRANCIS BACON TO THE KING, UPON SOME
INCLINATION OF HIS MAJESTY, SIGNIFIED TO
HIM, FOR THE CHANCELLOR'S PLACE.

IT MAY PLEAase your most excellent Majesty,

The last day when it pleased your majesty to express yourself towards me in favour, far above that I can deserve, or could expect, I was surprised by the prince's coming in; I most humbly pray your majesty, therefore, to accept these few lines of acknowledgment.

I never had great thoughts for myself, farther than to maintain those great thoughts which I confess I have for your service. I know what honour is, and I know what the times are; but I thank God with me my service is the principal, and it is far from me, under honourable pretences, to cover base desires, which I account them to be, when men refer too much to themselves, espe cially serving such a king, I am afraid of nothing, but that the master of the horse, your excellent servant, and myself, shall fall out about this, who shall hold your stirrup best; but were your ma jesty mounted, and seated without difficulties and distaste in your business, as I desire and hope to see you, I should "ex animo" desire to spend the decline of my years in my studies, wherein also I should not forget to do him honour, who, besides his active and politic virtues, is the best pen of kings, and much more the best subject of a pen. God ever preserve your majesty.

the Star Chamber.

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In all this which I have said, your majesty may be pleased to observe, that I do not engage you now forbear. But two things I wish to be done; the one, that your majesty take this occasion much in the main point of the jurisdiction, for which I have a great deal of reason, which to redouble unto all your judges your ancient and true charge and rule; that you will endure no innovating in the point of jurisdiction: but will have every court impaled within their own presidents, and not assume to themselves new powers, upon conceits and inventions of law: the other that in these high causes, that touch upon state and monarchy, your majesty give them straight charge, that upon any occasions intervenient, hereafter, they do not make the vulgar party to their contestations, by public handling them before they have consulted with your majesty, to whom the reglement of those things appertaineth. To conclude, I am not without hope, that your majesty's managing this business, according to your great wisdom, unto which I acknow.edge myself not worthy to be April 1, 1616.

Your majesty's most humble subject, and more and more obliged servant.

FIR FRANCIS BACON TO SIR GEORGE VILLIERS, and happy, for the weeding out of Popery, withOF ADVICE CONCERNing ireland, froM GOR-out using the temporal sword; so that I think I may truly conclude, that the ripeness of time is not yet come.

HAMBURY TO WINDSOR.

SIR,

Because I am uncertain whether his majesty will put to a point some resolutions touching Ireland, now at Windsor: I thought it my duty to attend his majesty by my letter, and thereby to supply my absence, for the renewing of some former commissions for Ireland, and the framing of a new commission for the wards, and the alienations, 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 councils 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 question. The first is touching the recusant magistrates of the towns of Ireland, and the commonalties themselves, and their electors, what shall be done; which consultation ariseth from the late advertisements from the two lord justices, upon the instance of the two towns, Limerick and Kilkenny; in which advertisements, they represent the danger only without giving any light for the remedy, rather warily for themselves, than agree able to their duties and places. In this point, I humbly pray his majesty to remember, that the refusal is not of the oath of allegiance, (which is not exacted in Ireland,) but of the oath of supremacy, which cutteth deeper into matter of conscience.

Also that his majesty, will out of the depth of his excellent wisdom and 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 differing remedies will not make the case more difficult. For if time give his majesty the advantage, what needeth precipitation of extreme remedies; but if the 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 or 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 good divines; in amplifying the college there, and looking to the education of wards, and such like; as they are the most natural means, so are they like to be the most effectual

Therefore my advice is, in all humbleness, that this hazardous course of proceeding to tender the oath to the magistrates of towns, proceed not, but die by degrees. And yet to preserve the authority and reputation of the former council, I would have somewhat done, which is, that there be a proceeding to seizure of liberties, but not by any act of power, but by "quo warranto," or "scire facias," which is a legal course, and will be the work of three or four terms; by which time the matter will be somewhat cool.

But I would not (in no 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 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 proceed but with one, the apprehension and terror will not be so strong; for, they may think, it may be their case to be spared, as well as prosecuted. And this is the best advice that I can give to his majesty, in this strait; and of this opinion seemed my lord chancellor to be.

The second proposition is this, it may be, his majesty will be moved to reduce the number of his council of Ireland (which is now almost fifty) to twenty, or the like number, in respect that the greatness of the number doth both imbase the authority of the council, and divulge the business. Nevertheless, I hold this proposition to be rather specious, and solemn, than needful at this time; for certainly it will fill the state full of discontentment, which, in a growing and unsettled state, ought not to be. This I could wish, that his majesty would appoint a select number of counsellors there, which might deal in the improvement of his revenue, (being a thing not to pass through too many hands;) and 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 these sittings; and so the rest begin to be disused, and yet retain their countenance, without murmur, or disgrace.

The third proposition, as it is moved, 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 by five hundred, or a thousand 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 province to another, whereupon it is supposed, that many that are planted in house and lands, will rather lose their

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