Majesty with it, or the Council table, or some such of my Lords as I shall think fit.

6. Lastly, for matter of pardons; if it be of treason, misprision of treason, murder, either expressed or involute, by a nonobstante; or of piracy, or of præmunire, or of fines, or exemplary punishment in the star-chamber, or of some other natures; I shall by the grace of God stay them until his Majesty (who is the fountain of grace) may resolve between God and him (understanding the case) how far grace shall abound or superabound.

And if it be of persons attainted and convicted of robbery, burglary, etc. then will I examine whether the pardons passed the hand of any justice of assize, or other commissioners, before whom the trial was made; and if not, I think it my duty also to stay them.

Thus your Lordships see in this matter of the Seal, and his Majesty's royal commandment concerning the same, I mean to walk in the light, so that men may know where to find me: and this publishing thereof plainly, I hope will save the King from a great deal of abuse, and me from a great deal of envy; when men shall see that no particular turn or end leads me, but a general rule.

For the third general head of his Majesty's precepts, concern- Speedy justice. ing speedy justice; it rests much upon myself, and much upon others yet so as my procuration may give some remedy and order unto it. For myself, I am resolved that my decree shall come speedily (if not instantly) after the hearing, and my signed decree speedily upon my decree pronounced. For it hath been a manner much used of late in my last Lord's time (of whom I learn much to imitate, and somewhat to avoid) that upon the solemn and full hearing of a cause nothing is pronounced in court, but breviates are required to be made; (which I do not dislike in itself in causes perplexed: for I confess I have somewhat of the cunctative; and I am of opinion that whosoever is not wiser upon advice than upon the sudden, the same man is

1 a Pyracy. R.

2 S. omits of.

3 This whole clause from 'it rests' to 'myself' is omitted in the 'Resuscitatio.' 4 R. has "and, with due reverence to his memory let me speak it, much to avoid."

2

no wiser at fifty1 than he was at thirty, and it was my father's ordinary word, You must give me time). But yet I find when such breviates were taken, the cause was sometimes forgotten a term or two, and then set down for a new hearing, or a. rehearing, three or four terms after. And in the mean time the subject's pulse beats swift, though the chancery pace be slow. Of which kind of intermission I see no use, and therefore I will promise regularly to pronounce my decree within few days after my hearing and to sign my decree at the least in the vacation after the pronouncing, for fresh justice is the sweetest, and to the end that there be no delay of justice, nor any other means-making or labouring, but the labour of the counsel at the

bar.3

2. Again, because justice is a sacred thing, and the end for which I am called to this place, and therefore1 is my way to heaven (and if it be shorter, it is never a whit the worse) I shall by the grace of God (as far as God shall give me strength) add the afternoon to the forenoon, and some fortnight of the vacation to the term, for the expediting and clearing of the causes of the court. Only the depth of the three long vacations I would reserve in some measure free for business of estate, and for studies, arts, and sciences, to which in my nature I am most inclined.

3. There is another point of true expedition, which resteth in myself, and that is in my manner of giving orders. For I have seen an affectation of dispatch turn utterly to delay and length for the manner of it is to take the tale out of the counsellor at the bar his mouth, and to give a cursory order, nothing tending or conducing to the end of the business. It makes me remember what I heard one say of a Judge that sat in Chancery, that he would make 80 orders in a morning out of the way, and it was out of the way indeed, for it was nothing to the end of the business: and this is that which makes sixty, eighty, an hundred orders in a cause, to and fro, begetting one

1 fifty years old. R.

2 This whole sentence omitted in R.

3 So both the MSS. in the S. P. Office. The 'Resuscitatio' has (after 'sweetest') and besides justice ought not to be delayed. And it will also avoid all means making or labouring : for there ought to be no labouring in causes but the labouring of the Counsel at the Bar. I suspect that neither version is quite right.

4 One of the MSS. in the Paper Office transfers therefore' to the parenthesis, which is perhaps right.

5 fourth night. R.

6 much in myself. R.

another; and like Penelope's web, doing and undoing. But I mean not to purchase the praise of expeditive in that kind; but as one that hath a feeling of my duty, and of the case of others, my endeavour shall be to hear patiently, and to cast my order into such a mould as may soonest bring the subject to the end of his journey.

4. As for such delays as may concern others, the great abuse is, that if the plaintiff have got an injunction to stay suits at common law, then he will spin on his cause at length; but by the grace of God I will make injunctions an hard pillow to sleep on; for if I find that he prosecutes not with effect, he may hap when he is awake find not only his injunction dissolved, but his cause dismissed.

5. There be other particular orders I mean to take for non prosecution or faint prosecution, wherewith I will not trouble you now, because summa sequar fastigia rerum. And so much for matter of expedition.

Now for the fourth and last point of the King's command- Retrenching charge. ment, for the cutting off unnecessary charge of the subject, a great portion of it is fulfilled in the precedent article touching expedition; for it is the length of suits that doth multiply charge chiefly; but yet there are some other remedies that conduce thereunto.

1. First, therefore, I shall maintain strictly, and with severity, the former orders which I find my Lord Chancellor hath taken, for the inordinate1 and needless prolixity and length of bills, and answers, and so forth; as well in punishing the party, as fining the counsel, whose hand I shall find at such bills, answers, etc.

2. Secondly, for all examinations taken in the court, I do give charge unto the examiners (upon peril of their places) that they do not use any idle repetitions, or needless circumstances, in setting down the depositions taken by them; and I would I could help it likewise in commissions in the country, but that is impossible.2

3. Thirdly, I shall take a diligent survey of the copies in

1 which I find made by my Lord Chancellor for the immoderate, etc. R. 2 almost unpossible. R.

chancery, that they have their just number of lines, and without open or wasteful writing.

4. Fourthly, I shall be careful there be no exaction of any new fees, but according as they have been heretofore set and tabled.

5.1 As for lawyers' fees, I must leave it2 to the conscience and merit of the lawyer, and the estimation and gratitude of the client: but yet this I can do; I know there have used to attend this bar a number of lawyers that have not been heard sometimes scarce once or twice in a term; and that makes the client seek to great counsel and favourites (as they call them, a term fitter for kings than judges) for3 every order that a mean lawyer mought as well dispatch. Therefore to help the generality of lawyers, and therein to ease the client, I will constantly observe that every Tuesday and other days of orders, after nine o'clock strucken, I will hear the bar until eleven, or half an hour after ten at the least. And since I am upon the point whom I will hear, your Lordships will give me leave to tell you a fancy. It falls out, that there be three of us the King's servants in great place, that are lawyers by descent, Mr. Attorney son of a Judge, Mr. Solicitor likewise son of a Judge, and myself, a Chancellor's

son.

Now because the law roots so well in my time, I will water it at the root thus far, as beside these great ones, I will hear any Judge's son before a Serjeant, and any Serjeant's son before a Reader, if there be not many of them.5

6. Lastly, for the better ease of the subjects, and the bridling of contentious suits, I shall give better (that is greater) costs where the suggestions are not proved, than hath been heretofore used.6

1 The Harleian MS. above quoted gives this paragraph as follows: "I see a number at this bar which are scarce heard here once in a Term, that were made to be heard as well as greater men." Then follows a blank space, and then "Then the subject must go to the King's counsel, to sergeants and favourites (as they call them, a term fitter for Kings than Judges) and then every 20s. must cost the subject 31., 4., or 5l., because his ordinary counsel cannot be heard. This I'll remedy, and every Tuesday which is a day of orders, as soon as 9 strikes I'll begin with the Bar, and so till 10 or 11 hear them. And those days shall be for the bar generally, and this will help the generalty of lawyers, and save the client's purse."

2 R. omits it. 3 and that for. R. 4 mought despatch and as well. R.

5 R. omits this clause.

6 The Harl. MS. gives this thus: "And lastly for cutting off unnecessary suits and vexations of idle persons, I'll raise the market of costs: he that in the end proves not his bill but vexes the subject shall pay high costs."

But I will

There be divers other orders for the better reglement of this court; and for granting of writs, and for granting of benefices, and other things which I shall set down in a table. deal with no other to-day but such as have a proper relation to his Majesty's commandment; it being my comfort that I serve such a master, that I shall need to be but a conduit for the conveying only of his goodness to his people. do affect and aspire to make good that magistratus præstat optimæ legi; which is true in his Majesty. But for myself, I doubt I shall not attain it. But yet I have a domestic1 example to follow. My Lords, I have no more to say, but now I will go on to the business of the court.

7.

And it is true that I saying, that Optimus

The effect of the day was a little marred, according to Chamberlain, by an inferior exhibition which succeeded this speech. It happened that the first motion was to be made by a brother of the Earl of Huntingdon-a young lawyer. Bacon wished the Lords that had come with him to stay and hear it, which they did. Unluckily he performed his part but poorly; "being, as his friends said, not provided but called on the sudden." 2 Upon the whole however Bacon was very well satisfied with the day's work-as will appear by his own reports to the King and Buckingham, written immediately after; which may follow without further comment.

First however must come a letter of merely formal business; the interest of which, if any, cousists in its being perhaps the first paper to which he set his hand in his judicial capacity-certainly one of the first.

TO THE RIGHT REVEREND THE FATHER IN GOD THE BISHOP OF DIRRHAY IN IRELAND.3

After my hearty commendation unto your Lp. Whereas it is required on the behalf of Dame Elizabeth Killigrew, widow, that your Lp. and your wife may be warned to appear in Chancery on Monday next, being the 12th of this instant May, to answer to a bill there exhibited against you by her La3, I am at her instance to give your Lp. notice thereof by this my letter, according to the manner used towards persons of your place and