the king's courts. Also the main scope of the statute fortifieth the same; and, lastly, the practice 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 Chancery, Exchequer Chamber, Duchy, etc., though this also flieth indeed from the letter; for that all these are the king's courts. 4 H. 4. Cap. 23. 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. There is also another statute, which is but a simple prohibition, and not with 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 Your majesty will pardon me, if I be sparing in form of reversal. And of this also, I hold the delivering to you some other circumstances of sounder interpretation to be, to settle possessions aggravation, and concurrences of some like matagainst disturbances, and not to take away ters the same day, as if it had been some fatal remedy in equity, where those judgments are constellation. They be not things so sufficiently obtained "ex rigore juris," and against good con- tried, as I dare put them into your ear. science. 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 Chancery 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 set on that preferred them, they were the worst 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 almost 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 eares for. 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. 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, SIR FRANCIS BACON TO THE KING, UPON SOME my Lord Wrey, being then chief justice, slipped the collar, and was forborne. INCLINATION OF HIS MAJESTY, SIGNIFIED TO IT MAY PLEASE 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, especially 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 majesty 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 of kings, and much more the best subject of a pen. God ever preserve your majesty. Your majesty's most humble subject, and more and more obliged servant. In all this which I have said, your majesty may be pleased to observe, that I do not engage you I 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 acknowledge myself not worthy to be April 1, 1616. pen SIR FRANCIS BACON TO SIR GEORGE VILLIERS, 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 agreeable 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. and happy, for the weeding out of Popery, without using the temporal sword; so that I think I may truly conclude, that the ripeness of time is not yet come. 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 Also that his majesty, will out of the depth of of counsellors there, which might deal in the imhis excellent wisdom and providence, think, and provement of his revenue, (being a thing not to as it were calculate with himself, whether time pass through too many hands;) and the said will make more for the cause of religion in Ire-selected number should have days of sitting by land, 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 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 soon. 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 entertainment, than remove; and thereby new chiefest worldly comfort is, to think, that since men may ha their pay, yet, the old be mingled in the country, for the strength thereof. In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies should be stuffed with novices, (tirones) instead of "veterani." I wish, therefore, that this proposition be well debated, before it be admitted. Thus having performed that which duty binds me to, I commend you to God's best preservation. Your most devoted and bounden servant. July 5, 1616. the time I had the first vote of the Lower House of Parliament for commissioner of the union; until the time that I was this Parliament chosen by both Houses, for their messenger to your majesty in the petition of religion, (which two,. were my first and last services,) I was evermore so happy, as to have my poor services graciously accepted by your majesty, and likewise not to have had any of them miscarry in my hands. Neither of which points I can any ways take to myself, but ascribe the former to your majesty's goodness, and the latter to your prudent directions, which I was ever careful to have, and keep. For, as I have often said to your majesty, I was SIR FRANCIS BACON, TO THE EARL OF NORTHUM- towards you but as a bucket, and a cistern to BERLAND. IT MAY PLEASE YOUR LORDSHIP, I would not have lost this journey; and yet, I have not that I went for: for I have had no private conference to purpose with the king, no more hath almost any other English; for the speech of his majesty admitteth with some nobleman, is rather matter of grace, than matter of business: with the attorney he spake, urged by the Treasurer of Scotland, but no more than needs must. After I had received his majesty's first welcome, and was promised private access, yet, not knowing what matter of service your lordship's letter carried, for I saw it not, and knowing that primeness in advertisement is much, I chose rather to deliver it to Sir Thomas Hoskins, than to let it cool in my hands, upon expectation of access. Your lordship shall find a prince the farthest from vainglory that may be, and rather like a prince of the ancient form than of the latter time; his speeches swift and cursory, and in the full dialect of his nation, and in speech of business short, in speech of discourse large; he affecteth popularity by gracing them that are popular, and not by any fashions of his own; he is thought somewhat general in his favours; and his virtue of access is rather because he is much abroad, and in press, than he giveth easy audience: he hasteneth to a mixture of both kingdoms and nations, faster perhaps than policy will well bear. I told your lordship once before my opinion, that methought his majesty rather asked counsel of the time past, than of the time to come. But it is yet early to ground any settled opinion. For other particularities I refer to conference, having in these generals gone farther in these tender arguments than I would have done, were not the bearer hereof so assured. So I continue your, etc. FR. BACON. SIR FRANCIS BACON TO THE KING. MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, In the midst of my misery, which is rather assuaged by remembrance, than by hope, my draw forth, and conserve, and yourself was the fountain. Unto this comfort of nineteen years' prosperity, there succeeded a comfort even in my greatest adversity, somewhat of the same nature, which is, that in those offences wherewith I was charged, there was not any one that had special relation to your majesty, or any your particular commandments. For, as towards Almighty God, there are offences against the first and second table, and yet all against God; so with the servants of kings, there are offences more immediate against the sovereign, although all offences against law are also against the king. Unto which comfort there is added this circumstance, that as my faults were not against your majesty otherwise than as all faults are, so my fall is not your majesty's act, otherwise than as all acts of justice are yours. This I write not to insinuate with your majesty, but as a most humble appeal to your majesty's gracious remembrance, how honest and direct you have ever found me in your service, whereby I have an assured belief, that there is in your majesty's princely thoughts, a great deal of serenity and clearness to me, your majesty's now prostrate, and cast down servant. Neither (my most gracious sovereign) do I, by this mentioning of my services, lay claim to your princely grace and bounty, though the privilege of calamity do bear that form of petition. I know well, had they been much more, they had been but my bounden duty; nay, I must also confess, that they were, from time to time, far above my merit, super-rewarded by your majesty's benefits, which you heaped upon me. Your majesty was, and is, that man to me, that raised and advanced me nine times, thrice in dignity, and six times in office. The places indeed were the painfullest of all your service, but then they had both honour and profit, and the then profits might have main tained my now honour, if I had been wise. Neither was your majesty's immediate liberality wanting towards me, in some gifts, if I may hold them. All this I do most thankfully acknowledge, and do herewith conclude, that for any thing arising from myself, to move your eye of pity towards me, there is much more in my present | which your sacred hand hath been so oft for new misery than in my past services; save that the ornaments and additions. Unto this degree of same your majesty's goodness, that may give compassion, I hope God above (of whose mercy relief to the one, may give value to the other. towards me, both in my prosperity, and adversity, And, indeed, if it may please your majesty, I have had great testimonies and pledges, though this theme of my misery is so plentiful, as it need mine own manifold and wretched unthankfulness not be coupled with any thing else. I have been might have averted them) will dispose your somebody, by your majesty's singular and unde- princely heart, already prepared to all piety. And served favour, even the prime officer of your king- why should I not think, but that thrice noble dom. Your majesty's arm hath been often over prince, who would have pulled me out of the fire mine in council, when you presided at the table, of a sentence, will help to pull me (if I may use so near I was. I have borne your majesty's image that homely phrase) out of the mire of an abject in metal, much more in heart. I was never, in and sordid condition in my last days? And that nineteen years' service, chidden by your majesty, excellent favourite of yours (the goodness of but, contrariwise, often overjoyed, when your whose nature contendeth with the greatness of his majesty would sometimes say; "I was a good fortune, and who counteth it a prize, a second husband for you, though none for myself;" some- prize, to be a good friend, after that prize which times, "That I had a way to deal in business, he carrieth to be a good servant) will kiss your 'suavibus modis,' which was the way which was hands with joy, for any work of piety you shall most according to your own heart;" and other do for me? And as all commiserating persons most gracious speeches of affection and trust, (specially such as find their hearts void of malice) which I feed on till this day. But why should I are apt to think, that all men pity them; I assure speak of these things, which are now vanished, myself, that the lords of the council (who out of but only the better to express my downfall. their wisdom and nobleness cannot but be sensible For now it is thus with me; I am a year and a of human events) will, in this way which I go half old in misery, though (I must ever acknow- for the relief of my estate, further and advance ledge) not without some mixture of your majesty's your majesty's goodness towards me. For there grace and mercy. For I do not think it possible, is a kind of fraternity between great men that are, that any you once loved should be totally mise- and those that have been, being but the several rable. My own means, through mine own impro- tenses of one verb; nay, I do farther presume, vidence, are poor and weak, little better than my that both Houses of Parliament will love their father left me. The poor things which I have justice the better if it end not in my ruin. For I had from your majesty, are either in question, or have been often told by many of my lords, (as it at courtesy: my dignities remain marks of your were, in excusing the severity of the sentence,) past favour, but yet burdens withal of my present that they knew they left me in good hands. And fortune. The poor remnants which I had of my your majesty knoweth well, I have been all my former fortunes, in plate or jewels, I have spread life long acceptable to those assemblies, not by upon poor men, unto whom I owed, scarce leaving flattery, but by moderation, and by honest expressmyself bread. So as, to conclude, I must pouring of a desire to have all things go fairly and out my misery before your majesty, so far as to say, "Si deseris tu, perimus." well. But (if it may please your majesty) for saints, But as I can offer to your majesty's compas- I shall give them reverence, but no adoration. sion, little arising from myself to move you, My address is to your majesty, the fountain of except it be my extreme misery, which I have goodness: your majesty shall, by the grace of truly laid open; so looking up to your majesty God, not feel that in gift, which I shall extremely yourself, I should think I committed Cain's fault, feel in help; for my desires are moderate, and my if I should despair: your majesty is a king, whose courses measured to a life orderly and reserved; heart is as unscrutable, for secret motions of hoping still to do your majesty honour in my way. goodness, as for depth of wisdom. You are cre- Only I most humbly beseech your majesty, to ator-like, factive, and not destructive; you are a give me leave to conclude with those words which prince in whom I have ever noted an aversion necessity speaketh; help me, dear sovereign lord against any thing that savoured of a hard heart; and master, and pity me so far, as I, that have as, on the other side, your princely eye was wont borne a bag, be not now, in my age, forced in to meet with any motion that was made on the re-effect, to bear a wallet; nor I, that desire to live lieving part. Therefore, as one that hath had happiness to know your majesty near hand I have (most gracious sovereign) faith enough for a miracle, much more for a grace: that your majesty will not suffer your poor creature to be utterly defaced, nor blot that name quite out of your book, upon VOL. III.-3 to study, may not be driven to study to live. I most humbly crave pardon of a long letter, after a long silence. God of heaven ever bless, preserve, and prosper your majesty. Your majesty's poor ancient servant and beads-man, FR. ST. ALBAN. B 2 |