I did call upon the Judges committees also for the proceeding in the purging of Sir Edward Coke's Reports, which I see they go on with seriously.

Thanks be to God, we have not much to do for matters of counsel, and I see now that his Majesty is as well able by his letters to govern England from Scotland, as he was to govern Scotland from England.

To these letters, on the 18th of May, Buckingham returned the following answer.1

My honoured Lord,

I have acquainted his Majesty with your letters, and the papers that came inclosed, who is exceedingly well satisfied with that account you have given him therein; especially with the speech you made at the taking of your place in the Chancery, whereby his Majesty perceiveth that you have not only given proof how well you understand the place of a Chancellor, but done him much right also, in giving notice unto those that were present that you have received such instructions from his Majesty; whose honour will be so much the greater, in that all men will acknowledge the sufficiency and worthiness of his Majesty's choice in preferring a man of such abilities to that place, which besides cannot but be a great advancement and furtherance to his service. And I can assure your lordship, that his Majesty was never so well pleased as he is with this account you have given him of this passage. Thus with the remembrance of my service, I rest

Edinburgh, 18 May, 1617.

Your lordship's ever at command,

G. BUCKINGHAM.

Though the precedents your Lordship hath sent to his Majesty touching my Lord Brackley's business do not fully answer the point whereof his Majesty desired to be satisfied, whether such a dignity might be conferred without either the usual ceremonies or delivery of the Patent by his Majesty's own hand, yet having seen a note of some reasons set down by one of the heralds, and considering that himself being founder of all honours hath power to dispose of the form and manner of bestowing them at his pleasure, [he] hath been pleased to dispatch it rather in this time of his journey, than to stay it till his return, when he might be importuned by others for the like who cannot have the same colour to press him so long after.

In pursuance of this resolution Lord Brackley was created Earl of Bridgewater on the 28th of May-by patent: "which now" (says Chamberlain in reporting the fact to Carleton) "will become as good a way to all intents and purposes as by an investiture."

1 Harl. MSS. 7006. f. 67.

2 June 4, 1617. S. P. Dom. vol. xcii, no. 61.

8.

After the 9th of May we hear no more of Bacon for above a week, owing partly no doubt to his absorption in the work of the Chancery, but possibly also to a fit of the gout, which kept him so often from the Council and Star Chamber that people began to doubt whether he would prove equal to his work. Star Chamber days, says Chamberlain, May 24, "have been few or none this term, or not past once at most, by reason of the Lord Keeper's indisposition, which hath greatly hindered both that Court and the Chancery, and if it should continue would much disturb the whole course of Westminster Hall and the Council table, where matters of greatest moment are still put off and reserved till he may be present. His infirmity is given out to be the gout, and the greatest harm or sense he hath of it is in his heel; and sometimes he takes pleasure to flout and play with his disease; which he says hath changed the old covetous course and is become ambitious; for never beggar had the gout but he. But in truth the general opinion is that he hath so tender a constitution both of body and mind that he will hardly be able to undergo the burden of so much business as his place requires; and that if he do not rouse and force himself beyond his natural inclination, both private subjects and the commonwealth will suffer much."1

We shall see presently how groundless this apprehension was, as far at least as the business of the Chancery was concerned. It is true that he was unable to attend the Council on the 21st, and that owing to his absence nothing was done, and it may be that he had missed two Star-chamber days out of three. But he had appeared two days before in the Common Pleas, the Exchequer, and the Chancery, for the promotion of Judges; and on that occasion made the following short but weighty speeches. I see indeed that in Mrs. Everett Green's Calendar the two first are assigned respectively to the 2d and the 3d of May: I do not know on what authority. My reason for assigning them to the 19th is that Chamberlain in the letter just quoted (writing on the 24th of May-which was Saturday) reports that " on Monday Sir John Denham was sworn a Baron of the Exchequer in the room of Altham, and Serjeant Hutton a Judge of the Common Pleas in place of Nicol; and Sir William Jones of Lincoln's Inn sworn Chief Justice of Ireland."

These speeches are all printed in the 'Resuscitatio,' and there are also manuscript copies at the Record Office in the hand of Edward Sherburn and with Sir Dudley Carleton's dockets, agreeing with 1 Chamberlain to Carleton, 24 May 1617. S. P. Dom. James I. vol. xcii. no. 42.

those in the 'Resuscitatio' except for a few verbal differences. There is no doubt therefore of their authenticity, though they are probably reports made either from recollection or anticipation. They may be notes of what he intended to say, or remembrances of what he had said; and are equally valuable to us, as evidence of his views, upon either supposition. How far they represent the words actually spoken is a thing less easy to determine, and in this case of no consequence. But I have some reason to think that the difference is considerable. For there is another report1 entitled "notes of the Lord Keeper Bacon's speech to Sir William Jones in Chancery when he was sent to be Chief Justice of Ireland," such as an intelligent listener may very likely have made from the Speaker's mouth, and yet differing a good deal from this.

I have taken Rawley's copy for the text and given the various readings of Sherburn's MS. in the notes.

THE LORD KEEPER'S SPEECH IN THE COMMON-PLEAS, TO JUSTICE HUTTON, WHEN HE WAS CALLED TO BE ONE OF THE JUDGES OF THE COMMON-PLEAS.2

Mr. Serjeant Hutton,

The King's most excellent Majesty, being duly informed of your learning, integrity, discretion, experience, means, and reputation in your country, hath thought fit not to leave you these talents to be employed upon yourself only, but to call you to serve himself and his people, in the place of one of his1 Justices of the court of common-pleas.

This court where you are to serve, is the local center and heart of the laws of this realm. Here the subject hath his assurance by fines and recoveries. Here he hath his fixed and invariable remedies by præcipes and writs of right. Here Justice opens not by a by-gate of privilege, but by the great gate of the King's original writs out of the Chancery. Here issues process of utlawry; if men will not answer law in this center of law, they shall be cast out of the circle of law. And therefore it is proper for you by all means with your wisdom and fortitude to maintain the laws of the realm. Wherein, nevertheless, I would not have you head-strong, but heart-strong; and to

1 Harl. MSS. 1576. f. 151.

? Resuscitatio, p. 93. (R.) Copy by E. Sherburn, S. P. Dom. James I. vol. xcii. no. 6. (S.) 3 honesty and integrity. S. 4 the. S. 5 this.

6 runs. S.

7 So S. R. omits of the circle of law.'

9 S. omits' by all means.'

S.

weigh and remember with yourself, that the twelve Judges of the realm are as the twelve lions under Salomon's throne: they must be lions, but yet lions under the throne:1 they must shew their stoutness in elevating and bearing up the throne.

To represent unto you the lines and portraitures of a good Judge: The first is, That you should draw your learning out of your books, not out of your brain.

2. That you should mix well the freedom of your own opinion with the reverence of the opinion of your fellows.

3. That you should continue the studying of your books, and not to spend on upon the old stock.

4. That you should fear no man's face, and yet not turn stoutness into bravery.

5. That you should be truly impartial, and not so as men may see affection through fine carriage.

6. That you be a light to jurors to open their eyes, but not a guide to lead them by the noses.

7. That you affect not the opinion of pregnancy and expedition by an impatient and catching hearing of the counsellors at the bar.

8. That your speech be1 with gravity, as one of the sages of the law; and not talkative, nor with impertinent flying out to shew learning.

9. That your hands, and the hands of your hands (I mean those about you), be clean, and uncorrupt from gifts, from meddling in titles, and from serving of turns, be they of great ones or small ones.

10. That you contain the jurisdiction of the court within the ancient merestones, without removing the mark.7

11. Lastly, That you carry such a hand over your ministers and clerks, as that they may rather be in awe of you, than

presume upon you.

These and the like points of the duty of a Judge, I forbear to enlarge; for the longer I have lived with you, the shorter shall my speech be to you; knowing that you come so furnished and prepared with these good virtues, as whatsoever I shall say cannot be new unto you. And therefore I will say no more unto you at this time, but deliver you your patent.

THE LORD KEEPER'S SPEECH, IN THE EXCHEQUER, TO SIR JOHN DENHAM, WHEN HE WAS CALLED TO BE ONE OF THE BARONS OF THE EXCHEQUER, IN 1617.1

Sir John Denham,

The King, of his grace and favour, hath made choice of you to be one of the Barons of the Exchequer, to succeed to one of the gravest and most reverend Judges of this kingdom; for so I hold Baron Altham was. The King takes you not upon credit but proof, and great proof, of your former service; and that in both those kinds wherein you are now to serve: for as you have shewed yourself a good judge between party and party, so you have shewed yourself a good administer of the revenue, both when you were Chief Baron, and since as councillor of estate there in Ireland, where the council (as you know) doth in great part manage and mesnage3 the revenue.

And to both these parts I will apply some admonitions, not* vulgar or discursive, but apt for the times, and in few words; for they are best remembered.

First therefore, above all you ought to maintain the King's prerogative, and to set down with yourself that the King's prerogative and the law are not two things; but the King's prerogative is law, and the principal part of the law; the firstborn or pars prima of the law; and therefore in conserving and maintaining that, you conserve and maintain the law. There is not in the body of man one law of the head, and another of the body, but all is one entire law.

The next point that I would now advise you is, that you acquaint yourself diligently with the revenue, and also with the ancient records and precedents of this court. When the famous case of the Copper Mines was argued in this court, and judged for the King, it was not upon the fine reasons of wit; as that the King's prerogative drew to it the chief in quaque specie ; the lion is the chief of beasts, the eagle the chief of birds, the whale the chief of fishes, and so copper the chief of minerals; for these are but dalliances of law and ornaments: but it was

Resuscitatio,' p. 91. (R.)

Copy by E. Sherburn, on the same sheet as the last; docketed by Carleton, "My Lord Keeper's speech to Serjeant Hutton

and Sir J. Denham." (S.)

S.

4 So S. R. has but not.