BOOK DE SAPIENTIA VETERUM. sort, though otherwise I wished it as rising as I | enclosed, because I greatly desire so far forth to think this will prove, or more. This was my preserve my credit with you, as thus: that whereas mind, I confess it: and therefore I most humbly lately (perhaps out of too much desire, which inpray your lordship, first, to continue me in your duceth too much belief) I was bold to say, that I own good opinion, and then, to perform the part thought it as easy for your majesty to come out of of an honourable good friend, towards your poor want, as to go forth of your gallery, your majesty servant and ally, in drawing her majesty to accept would not take me for a dreamer, or a projector. of the sincerity and simplicity of my zeal, and to I send your majesty therefore some grounds of hold me in her majesty's favour, which is to me my hopes. And for that paper which I have dearer than my life, and so, etc. gathered of increasements “sperate :" I beseech Your lordship's most humble in all duty. you to give me leave to think, that if any of the FR. BACON. particulars do fail, it will be rather for want of workmanship in those that shall deal in them, than want of materials in the things themselves. The other paper hath many discarding cards; and A LETTER TO MR. MATTHEW, UPON SENDING HIS I send it chiefly, that your majesty may be the less surprised by projectors, who pretend some times great discoveries and inventions, in things MR. MATTHEW, I do very heartily thank you for your letter of better fashion, long since. God Almighty pre that have been propounded and perhaps after a the 21th of August, from Salamanca; and in re serve your majesty. compense thereof, I send you a little work of Your majesty's most humble and mine, that hath begun to pass the world. They devoted servant and subject. tell me my Latin is turned into silver, and become April 25, 1610. current. Had you been here you had been my inquisitor, before it came forth. But I think the greatest inquisitor in Spain will allow it. But A LETTER TO THE KING, TOUCHING THE LORD one thing you must pardon me, if I make no haste CHANCELLOR'S PLACE. to believe, that the world should be grown to such an ecstasy, as to reject truth in philosophy, IT MAY PLEASE your most EXCELLENT Majesty. because the author dissenteth in religion; no Your worthy chancellor, I fear, goeth his last more than they do by Aristotle, or Averrois. My day. God hath hitherto used to weed out such great work goeth forward, and after my manner, I servants as grew not fit for your majesty, but now alter even when I add : so that nothing is finished he hath gathered to himself a true sage or salvia till all be finished. This I have written in the out of your garden; but your majesty's service midst of a term and parliament, thinking no time must not be mortal. so precious, but that I should talk of these mat- Upon this heavy accident, I pray your majesty, ters with so good and dear a friend. And so, in all humbleness and sincerity, to give me leave with my wonted wishes, I leave you to God's to use a few words. I must never forget, when I goodness. moved your majesty for the attorney's place, it From Gray's Inn, Febr. 17, 1610. was your own sole act; more than that, Somerset, when he knew your majesty had resolved it, thrust himself into the business for a fee. And there fore I have no reason to pray to saints. A LETTER TO THE KING, TOUCHING MATTER OF I shall now again make obligation to your majesty, first, of my heart, then, of my service, thirdly, of my place of attorney, which I think is IT MAY PLEASE YOUR MAJESTY, honestly worth £6000 per annum, and, fourthly, I may remember what Tacitus saith, by occa- of my place of the Star Chamber, which is worth sion that Tiberius was often and long absent from £1600 per annum; and with the favour and counRome, “ in Urbe, et parva et magna negotia im- tenance of a chancellor, much more. peratorem simul premunt.” But saith he, “in I hope I may be acquitted of presumption, if I Recessu, dimissis rebus minoris momenti, sum- think of it, both because my father had the place, mæ rerum magnarum magis agitantur.” This which is some civil inducements to my desire; maketh me think, it shall be no incivility to trouble and I pray God your majesty may have twenty no your majesty with business, during your abode worse years in your greatness, than Queen Elizafrom London, knowing your majesty's meditations beth had in her model, (after my father's placing,) are the principal wheel of your estate, and being and chiefly, because, if the chancellor's place warranted by a former commandment, which I went to the law, it was ever conferred upon some received from you. of the learned counsel, and never upon a judge. I do now only send your majesty these papers For Audley was raised from king's sergeant, my a REVENUE AND PROFIT. man. BEGUN BETWEEN THE CHANCERY AND KING'S father from attorney of the wars, Bromley from hearts by advancing. For I see your people can God ever preserve and bounden servant. So as your majesty (more than an outward form) Feb. 12, 1615. 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 A LETTER TO THE KING, OF MY LORD CHANCELAnd to have both jurisdictions, spiritual LOR'S AMENDMENT, AND THE DIFFERENCE and temporal, in that height, is fit but for a king. For myself, I can only present your majesiy with “ gloria in obsequio;' yet I dare promise, IT MAY PLEASE YOUR MOST EXCELLENT Majesty, that if I sit in that place, your business shall not I do find (God be thanked) a sensible amendmake such short terms upon you, as it doth ; but ment in my lord chancellor; I was with him yeswhen a direction is once given, it shall be pursued terday in private conference, about half an hour, and performed; and your majesty shall only be and this day again, at such times as he did seal, troubled with the true care of a king, which is to which he endured well almost the space of an think what you would have done in chief, and not hour, though the vapour of the wax be offensive how, for the passages. to him. He is free from a fever, perfect in his I do presume, also, in respect of my father's powers of memory and speech, and not hollow in memory, and that I have been always gracious in his voice nor looks. He hath no panting, nor the Lower House, I have interest in the gentle- labouring respiration, neither are his couglis dry men of England, and shall be able to do some or weak. But whosoever thinketh his disease to good effect, in rectifying that body of Parliament be but melancholy, maketh no true judgment of men, which is a 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 commissince my 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 And, as I am glad to advertise your majesty of fit justices, and governors in the country, that im- the amendment of your chancellor's person, so I porteth your affairs in these times most.) 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 comLord 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 To conclude, if I were the man I would be, I of examination, would so join them, as they should hope, that as your majesty hath of late won would not square at this time. But pardon me, hearts by depressing, you should in this leese no I humbly pray your majesty, 'if I have too rea POSTSCRIPT. KING'S BENCII THE PRAMUNIRE IN TILE such an age. 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 Your true and affectionate servant. 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.” Sir, I humbly thank you for your inward letter: And, therefore, I beseech your majesty not to give I have burned it as you commanded, but the flame any believing ear to reports, but to receive the it hath kindled in me will never be extinguished. 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 majesty now, because I was then absent, and some SIR FRANCIS BACON TO THE KING, CONCERNING are now absent, which are properly and authentically to inform me, touching that which passed. Neither let this any way disjoint your other busi- IT MAY Please your most EXCELLENT MAJESTY, ness; for there is a time for all things, and this I was yesterday in the afternoon, with my lord very accident may be turned to good; not that I chancellor, according to your commandment, am of opinion that the same cunning maxim of which I received by the Mr. of the Horse, and - o separa et impera,” which sometimes holdeth in find the old man well comforted, both towards persons, can well take place in jurisdiction but God and towards the world. And the same because some good occasion by this excess may middle comfort, which is a divine and humane, be taken, to settle that which would have been proceeding from your majesty, being God's lieumore dangerous, if it had gone on, by little and tenant on earth, I am persuaded hath been a great little. God preserve your majesty. cause, that such a sickness hath been portable to Your majesty's most humble subject, I did not fail in my conjecture, and most bounden servant. that this business of the Chancery nath stirred Feb. 15th, 1615. him. He showeth to despise it, but yet he is full of it, and almost like a young duellist that findeth himself behind hand. I will now (as your majesty requireth) give A LETTER TO SIR GEORGE VILLIERS, TOUCHING you a true relation of that which passed; neither THE DIFFERENCE BETWEEN THE COURTS OF will I decline your royal commandment, for deli vering my opinion also; though it be a tender Sir, subject to write on. But I, that account my being I received this morning from you two letters but an accident to my service, will neglect no by the same bearer, the one written before the duty upon self-safety. First, it is necessary I let other, both after his majesty had received my your majesty know the ground of the difference last. In this difference between the two courts between the two courts, that your majesty may of Chancery and King's Bench, (for so I had rather the better understand the narrative. take it at this time, than between the persons of There was a statute made 27 Ed. 3, 27 E. 3. my lord chancellor, and my lord chief justice,) I Cap. 1, which (no doubt) in the prin Cap. 1. marvel not, if rumour get way of true relation; cipal intention thereof, was ordained for I know fame hath swift wings, especially that against those that sued to Rome, wherein there which hath black feathers; but within these two are words somewhat general, against any that days (for sooner I cannot be ready) I will write questioneth or impeacheth any judgment given in to his majesty both the narrative truly, and my the king's courts, in any other courts. Upon opinion sincerely, taking much comfort, that I these doubtful words (other courts) the controserve such a king, as hath God's property, in versy groweth ; (for the sounder interpretation discerning truly of men's hearts. I purpose to taketh them to be meant of those courts which, speak with my lord chancellor this day, and so to though locally they were not held at Rome, or exhibit that cordial of his majesty's grace, as I where the pope's chair was, but here within the hope this other accident will rather rouse and realm, yet in their jurisdiction had their dependraise his spirits, than deject him, or incline him ency upon the court of Rome; as were the court to a relapse; mean while, I commend the wit of of the legate here, and the courts of the archbia mean man, that said this other day, well, (saith shops and bishops, which were then but subordihe,) next term you shall have an old man come nate judgment seats, to that high tribunal of with a besom of wormwood in his hand, that will Rome. sweep away all this. For it is my lord chancel- And, for this construction, the opposition of the Jor's fashion, especially towards the summer, to words, (if they be well observed) between the carry a posy of wormwood. I write this letter in king's courts and other courts, maketh very much; naste, to return the messenger with it. God keep for it importeth as if those other courts were not CHANCERY AND KING'S BENCH. a 66 the king's courts. Also the main scope of the workmen that ever were that set them on; for, not find the bills, notwithstanding that they were 4 H. 4. ( There is also another statute, which is much clamoured by the parties, and twice sent Cap. 23. but a simple prohibition, and not with back by the court; and, in conclusion, resolutely a penalty of præmunire, as the other is, 17 of 19 found an “ Ignoramus;" wherein, for that that after judgments given in the king's court, time, I think " Ignoramus” was wiser than those the parties shall be in peace, except the judgments that knew too much. 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. For my opinion, I cannot but begin with this (But upon these two statutes, there hath been a preface, that I am infinitely sorry that your late conceit in some, that if a judgment pass at majesty is thus to put to salve and cure, not only the common law against any, he may not after accidents of time, but errors of servants. (For I V sue for relief in Chancery; and if he do, both he account this a kind of sickness of my Lord Coke's ✓ and his counsel, and his solicitor , yea, and the that comes almost in as ill a time, as the sickness judge, in equity, himself, are within the danger of my lord chancellor. And as I think it was of those statutes. There your majesty hath the one of the wisest parts that ever he played, when true state of the question, which I was necessarily he went down to your majesty to Royston, and to show you first, because your majesty calleth desired to have my lord chancellor joined with for this relation, not as news, but as business) him; so this was one of the weakest parts that Now to the historical part; it is the course of the ever he played, to make all the world perceive that King's Bench, that they give in charge to the my lord chancellor is severed from him at this time, grand jury offences of all natures to be presented But for that which may concern your service, within Middlesex, where the said court is; and which is my end, (leaving other men to their own the manner is to enumerate them, as it were in ways :) (First, my opinion is plainly, that my VA articles. (This was done by Justice Crooke, the Lord Coke, at this time, is not to be disgraced, Wednesday before the term ended : and that both because he is so well habituated for that which article, " if any man after a judgment given had remaineth of these capital causes, and also for drawn the said judgment to a new examination in that which I find is in his breast touching your any other court," was by him especially given in finances, and matter of repair of your estate. charge, which had not used to be given in charge And (if I might speak it) as I think it were before. It is true, it was not solemnly dwelt good bis hopes were at an end in some kind, upon, but, as it were, thrown in amongst the rest. so I could wish they were raised in some other. The last day of the term (and that which all On the other side, this great and public affront, men condemn, the supposed last day of my lord not only to the reverend and well-deserving person chancellor's life) there were two indictments pre- of your chancellor, (and at a time when he was ferred of “præmunire,” for suing in Chaneery thought to lie a dying, which was barbarous,) but after judgment at common law; The one by to your high court of Chancery, (which is the Richard Glandvile, the other by William Allen; court of your absolute power,) may not (in my the former against Courtney, the party in Chan- opinion) pass lightly, nor end only in some formal cery, Gibb, the counsellor, and Deurst, the clerk. atonement; but use is to be made thereof, for the The latter against Alderman Bowles, and Hum- settling of your authority, and strengthening frey Smith, parties in Chancery, Serjeant Moore, of your prerogative, according to the rules of the counsellor, Elias Wood, solicitor in the cause, monarchy. Now to accommodate and reconcile and Sir John Tyndal, master of the Chancery, and these advices, which seem alrnust opposite. an assessor to my lord chancellor. For the cases First, your majesty may not see it (though 1 themselves, it were too long to trouble your ma-confess it be suspicious) that my Lord Coke was jesty with them; but this I will say, if they were any way aforehand privy to that which was done, Bet on that preferred them, they were the worst or that he did set it or animate it, but only took B pralce ko , I . the matter as it came before him, and that his card-holder or candle-holder, will make profit of error was only that at such a time he did not divert this accident, as a thing of God's sending. it in some good manner. Lastly, I may not forget to represent to your Second, if it be true (as is reported) that any of majesty, that there is no thinking of arraignment the puisne judges did stir this business, or that until these things be somewhat accommodated, they did openly revile and menace the jury for and some outward and superficial reconciliation. doing their conscience, (as they did honestly and at least, made between my lord chancellor and I think that judge is worthy to lose his my lord chief justice; for this accident is a banquet . not think there is any thing, a greater • Polycres- falleth out naturally of itself, in respect of the ton, ad multa utile” to your affairs, than, upon a judges going circuit, and my lord chancellor's injust and fit occasion, to make some example firmity, with hope of recovery. And although against the presumption of a judge, in causes that this protraction of time may breed some doubt of concern your majesty; whereby the whole body mutability, yet I have lately learned, out of an of those magistrates may be contained to excellent letter a certain king, that the sun awe; and it may be, this will light upon no unfit showeth sometimes watery to our eyes, but when subject, of a person that is rude, and that no man the cloud is gone, the sun is as before. God precares for.) serve your majesty. Thirdly, if there be no one so much in fault, Your majesty's most humble subject, (which I cannot yet affirm, either way, and there and most bounden servant. must be a just ground, God forbid else,) yet I Febr. 21, 1617. should think, that the very presumption of going Your majesty's commandment speaketh for so far in so high a cause deserveth to have that pardon of so long a letter; which yet I wish may done, which was done in this very case, upon the have a short continuance, and be punished with indictment of Serjeant Heale, in Queen Elizabeth's fire. 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 INCLINATION OF HIS MAJESTY, SIGNIFIED TO HIM, FOR THE CHANCELLOR'S PLACE. the collar, and was forborne. Fourthly, for the persons themselves, Glanvile IT MAY PLEASE your most excellent Majestä, and Allen, which are base fellows, and turbulent, The last day when it pleased your majesty to I think there will be discovered and proved against express yourself towards me in favour, far above them (besides the preferring of the bill) such com- that I can deserve, or could expect, I was surbination and contemptuous speeches and behaviour prised by the prince's coming in; I most humbly as there will be good ground to call them, and per- pray your majesty, therefore, to accept these few haps some of their petty counsellors at law, into lines of acknowledgment. the Star Chamber ( I never had great thoughts for myself, farther In all this which I have said, your majesty may than to maintain those great thoughts which I be pleased to observe, that I do not engage you I contess I have for your service. I know what now forbear. ( But two things I wish to be done ; | honour is, and I know what the times are; but I the that your majesty take this occasion much thank God with me my service is the principal, in the main point of the jurisdiction, for which I and it is far from me, under honourable pretences, have a great deal of reason, which to redouble to cover base desires, which I account them to be, unto all your judges your ancient and true charge when men refer too much to themselves, espeand rule ; that you will endure no innovating in the cially serving such a king) I am afraid of nothing, point of jurisdiction : but will have every court but that the master of the horse, your excellent impaled within their own presidents, and not servant, and myself, shall fall out about this, who assume to themselves new powers, upon conceits shall hold your stirrup best; but were your maand inventions of law: the other that in these jesty mounted, and seated without difficulties high causes, that touch upon state and monarchy, and distaste in your business, as I desire and hope your majesty give them straight charge, that upon to see you, I should sex animo” desire to spend any occasions intervenient, hereafter, they do not the decline of my years in my studies, wherein make the vulgar party to their contestations, by also I should not forget to do him honour, who, public handling them before they have consulted besides his active and politic virtues, is the best with your majesty, to whom the reglement of pen of kings, and much more the best subject of those things appertaineth.) To conclude, I am not a pen. God ever preserve your majesty. without hope, that your majesty's managing this Your majesty's most humble subject, ousiness, according to your great wisdom, unto and more and more obliged servant. which I acknow.edge myself not worthy to be April 1, 1616. one, a |
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