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demn, 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 Tyndall 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 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.

Your majesty will pardon me, if I be sparing in delivering to you some other circumstances of aggravation, and concurrences of some like matters the same day, as if it had been some fatal constellation. They be not things so sufficiently tried, as I dare put them into your ear.

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.

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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 habituate 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. 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 accomodate 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 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.

Secondly, 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 in better awe; and it may be, this will light upon no unfit subject, of a person that is rude, and that no man cares for.

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, my Lord Wrey, being then chief justice, slipt the collar, and was forborn.

Fourthly, for the persons themselves, Glanvile and Allen, which are base fellows, and turbulent, I think there will be discovered and proved against them (besides the preferring of the bill) such combination and contemptuous speeches and behaviour, as there will be good ground to call them, and perhaps some of their petty counsellors at law, into the star-chamber.

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 acknowlege my self not worthy to be 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 arraignments 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 sheweth 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

Febr. 21, 1615.

and most bounden servant.

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.

Sir Francis Bacon the King's Attorney, to the King, touching the proceeding with Somerset. [Inserted in Vol. VI. p. 219.]

Sir Francis Bacon, the King's Attorney, to Sir George Villiers concerning the proceeding with Somerset. [Inserted in Vol. VI. p. 225.]

Sir Francis Bacon, the King's Attorney, giving Account of an Examination taken of Somerset at the Tower.

[Inserted in Vol. VI. p. 227.]

Sir Francis Bacon, the King's Attorney, to Sir George Villiers, touching the Proceeding with Somerset. [Inserted in Vol. VI. p. 233.]

Sir Francis Bacon, the King's Attorney, to Sir George Villiers, of Account and Advice to his Majesty touching Somerset's Arraignment.

[Inserted in Vol. VI. p. 235.]

Sir Francis Bacon the King's Attorney, and some great Lords Commissioners, concerning the persuasion used to the Lord of Somerset to a frank Confession.

[Inserted in Vol. VI. p. 238.]

Sir Francis Bacon to the King, upon some inclination of his Majesty, signified to him, for the Chancellor's Place.

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 my self, 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,

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