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ing in the purging of Sir Edward Coke's Reports, which I see they go on with seriously.*

4 During the time that my lord chief justice Coke lay under the displeasure of the court, some information was given to the king, that he having published eleven books of Reports, had written many things against his majesty's prerogative. And being commanded to explain some of them, my lord chancellor Ellesmere doth thereupon, in his letter of 22 October 1616, write thus to the king: "According to your majesty's directions signified unto me by Mr. "Solicitor, I called the lord chief justice before me on Thursday "the 17th instant, in presence of Mr. Attorney, and others of 66 your learned counsel. I did let him know your majesty's ac68 ceptance of the few animadversions, which upon review of his 66 own labours he had sent, though fewer than you expected, and "his excuses other than you expected:" And did at the same time inform him, that his majesty was dissatisfied with several other passages therein; and those not of the principal points of the cases judged, but delivered by way of expatiation, and which might have been omitted without prejudice to the judgment; of which sort the attorney and solicitor-general did for the present only select five, which being delivered to the chief justice on the 17th of October, he returns his answers at large upon the 21st of the same month, the which I have seen under his own hand. 'Tis true the lord chancellor wished he might have been spared all service concerning the chief justice, as remembering the fifth petition of dimitte nobis debita nostra, etc. Insomuch that though a committee of judges was appointed to consider these books, yet the matter seems to have slept, till after Sir Francis Bacon was made lord keeper, it revived, and two judges more were added to the former. Whereupon Sir Edward Coke doth by his letter make his humble suit to the earl of Buckingham, 1. That if his majesty shall not be satisfied with his former offer, namely, by the advice of the judges to explain and publish those points, so as no shadow may remain against his prerogative, that then all the judges of England may be called thereto. 2. That they might certify also what cases he had published for his majesty's prerogative and benefit, for the good of the Church, and quieting mens inheritances, and good of the commonwealth. But Sir Edward then, or soon after, coming into favour by the marriage of his daughter, I conceive there was no farther proceedings in this affair. It will be needless for me to declare what reputation these books have among the professors of the law; but I cannot omit upon this occasion to take notice of a character Sir Francis Bacon had some time before given them in his proposition to the king, touching the compiling and amendment of the laws of England. "To give every man his due, had it not been for Sir Edward Coke's Reports, which though they 66 may have errors and some peremptory and extrajudicial reso"lutions more than are warranted, yet they contain infinite good "decisions and rulings over of cases, the law by this time had "been almost like a ship without ballast: for that the cases of "modern experience are fled from those that are adjudged and ruled in former time." Stephens,

first collection,p. 206.

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.

Stephens's CLXXVIII. A note of some precedents as come nearest the case of the Lord Brackley: referred to in the foregoing letter.

THE lord Hay was created baron of Sawley, 28 Junii 13 Regis, without the ceremony of robing, as I take it, but then the patent, as I conceive it also, delivered to the person of the said lord Hay by the king's own hands; and again, the dignity of a baron hath incident to it only the ceremony of robes, and not the cincture of the sword, coronet, etc.

The duke of Lenox was created earl of Richmond, 6 Octobris 11 Regis, without any of the ceremonies, as I take it, but the patent, as I conceive it also, was delivered to the person of the said duke, with the hands of the king: and again, in regard he was invested of the superior dignity of duke of Scotland, the ceremonies were not fit to be iterated.

King Henry VII. created Edward Courtenay knight, earl of Devon, 26 Octobris, 1 Regni, teste meipso apud Westmonasterium, etc. Whereby it may be collected, that it was done without the solemnities; for that where the solemnities were performed, it hath used to be with a hisce testibus, and not teste meipso; and whether it were delivered with the king's hand or not, it appears not.

Edward VI. created William earl of Essex, marquis of Northampton, 16 Feb. 1 Edw. VI. and it is mentioned to be per cincturam gladii, cappam honoris, et circuli aurei impositionem; but whether the delivery' was by the king's own hand non constat, but it was teste meipso, and not hisce testibus.

The same king created John viscount L'Isle, earl of Warwick, the same time, and it is mentioned to be per cincturam gladii, etc. but it was teste meipso, and not hisce testibus.

Edward VI. created Thomas lord Wriothesley, earl

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of Southampton in the same day, and in the same manner, with a teste meipso, and not hisce testibus. These three creations being made upon one day, and when the king was a child of about nine years old, and in the very entrance of his reign, for the patents bear date at the Tower of London, doth make me conjecture that all the solemnities were performed; but whether the king endured to be present at the whole ceremony, and to deliver the patents with his own hand, I doubt; for that I find that the very selfsame day, year, and place, the king created his uncle the earl of Hertford, to be duke of Somerset per cincturam gladii, cappam honoris, et circuli aurei impositionem, et traditionem virgulæ aureæ, with a hisce testibus, and not teste meipso, and with a datum per manus nostras; yet these things are but conjectural.

3

I find no precedents for a non obstante, or a dispensation with the solemnities, as the lord Brackley's bill was penned.

CLXXIX. To the Lord Keeper.

My honoured Lord,

I HAVE acquainted his majesty with your letter, 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

Stephens's second col

lection,

P. 47.

Stephens's second collection, p. 48.

Stephens's first collection, p.207.

he is with this account you have given him of this passage. Thus with the remembrance of my service,

I rest

Your lordship's ever at command,
G. BUCKINGHAM.

Edinburgh, 18 May, 1617.

CLXXX. To the Earl of BUCKINGHAM.

My very good Lord,

I KNOW your lordship hath a special care of any thing that concerneth the queen. She was entered into dislike of her solicitor, this bearer Mr. Lowder, and resolute in it. To serve, and not to please, is no man's condition. Therefore, upon knowledge of her pleasure, he was willing to part with his place, upon hopes not to be destituted, but to be preferred to one of the barons places in Ireland. I pray move the king for him, and let his majesty know from me, that I think, howsoever he pleased not here, he is fit to do his majesty service in that place; he is grave and formal, which is somewhat there, and sufficient enough for that place. The queen had made Mr. Hackwell her solicitor, who hath for a long time taken much pains in her business, wherein she hath done well. He was an opposite in parliament, as Jones was, that the king hath made chief justice of Ireland. But I hold it no ill counsel to join, or to remove such men, God preserve and prosper you.

Your true and devoted friend and servant,

Whitehall, 25 May, 1617.

FR. BACON,

CLXXXI. To the Earl of BUCKINGHAM.

My very good Lord,

I SHALL write to your lordship of a business which your lordship may think to concern myself; but I do think it concerneth your lordship much more. For as for me, as my judgment is not so weak to think it can do me any hurt, so my love to you is so strong, as Į

would prefer the good of you and yours before mine own particular.

It seemeth secretary Winwood hath officiously busied himself to make a match between your brother and Sir Edward Coke's daughter: and, as we hear, he doth it rather to make a faction, than out of any great affection to your lordship; it is true, he hath the consent of Sir Edward Coke, as we hear, upon reasonable conditions for your brother; and yet no better than, without question, may be found in some other matches. But the mother's consent is not had, nor the young gentlewoman's, who expecteth a great fortune from her mother, which without her consent is endangered. This match, out of my faith and freedom towards your lordship, I hold very inconvenient both for your brother and yourself.

First, He shall marry into a disgraced house, which in reason of state is never held good.

Next, He shall marry into a troubled house of man and wife, which in religion and Christian discretion is disliked.

Thirdly, Your Lordship will go near to lose all such your friends as are adverse to Sir Edward Coke; myself only except, who out of a pure love and thankfulness shall ever be firm to you.

And lastly and chiefly, believe it, it will greatly weaken and distract the king's service; for though, in regard of the king's great wisdom and depth, I am persuaded, those things will not follow which they imagine: yet opinion will do a great deal of harm, and cast the king back, and make him relapse into those inconveniences which are now well on to be recovered.

Therefore my advice is, and your lordship shall do yourself a great deal of honour, if, according to religion and the law of God, your lordship will signify unto my lady your mother, that your desire is, that the marriage be not pressed or proceeded in without the consent of both parents; and so either break it altogether, or defer any farther delay in it, till your lordship's return: and this the rather, for that, besides the inconvenience of the matter itself, it hath been

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