« AnteriorContinuar »
the king's courts. Also the main scope of the workmen that ever were that set them on; foi, statute fortifieth the same; and, lastly, the prac- there could not have been chosen two such causes, tice of many ages. The other interpretation, to the honour and advantage of the Chancery, foi which cleaveth to the letter, expoundeth the the justness of the decrees, and the foulness and king's courts to be the courts of law only, and scandal, both of fact and person, in those that other courts to be courts of equity, as the Chan. in peach the decrees. cery, Exchequer Chamber, Duchy, etc., though The grand jury, consisting (as it seemeth) of this also flieth indeed from the letter; for that all very substantial and intelligent persons, would these are the king's courts.
not find the bills, notwithstanding that they were There is also another statute, which is much clamoured by the parties, and twice sent 4 H. 4. 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 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 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 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 his 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 Chancery 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 reconcilo and Sir John Tyndal, master of the Chancery, and these advices, which seem alınust opposite. an assessor to my lord chancellor. For the cases First, your majesty may nil 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. set on that preferred them, they were the worst or that he did set it or animate it, but only tools
the matter as it came before him, and that his card-holder or candle-holder, will make profit of crror was only that at such a time he did not divert this accident, as a thing of God's sending. it in soine good manner.
Lastly, I may not forget to represent to your
Ι 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 truly,) I think that judge is worthy to lose his my lord chief justice; for this accident is a banquet place. And, to be plain with your majesty, I do to all Somerset's friends. But this is a thing that 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 iajust 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 better excellent letter of 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. inust be a just ground, God forbid else,) yet 1 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 the collar, and was forborne.
IIIM, FOR TIIE CIIANCELLOR'S PLACE. Fourthly, for the persons themselves, Glanvile IT MAY Please your most excellent Majestă, 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 thonghts 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 one, 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 10 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 ma. and 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 God ever preserve your majesty. without hope, that your majesty's managing this Your najesty's most humble subject, business, according to your great wisdom, unto
and more and more obliged servant. which I acknow.edge myself not worthy to be April 1, 1616.
SIR FRANCIS BACON to sir GEORGE VILLIERS, and happy, for the weeding out of Popery, witliOF ADVICE CONCERNING IRELAND, FROM GOR- out using the temporal sword; so that I think I HAMBURY TO WINDSOR.
may truly conclude, that the ripeness of time is Sir,
not yet come. Because I am uncertain whether his majesty Therefore my advice is, in all humbleness, that will put to a point some resolutions touching this hazardous course of proceeding to tender the Ireland, now at Windsor : I thought it my duty oath to the magistrates of towns, proceed not, but to attend his majesty by my letter, and thereby to die by degrees. And yet to preserve the authorsupply my absence, for the renewing of some ity and reputation of the former council, I would furmer commissions for Ireland, and the framing have somewhat done, which is, that there be a of a new commission for the wards, and the alien- proceeding to seizure of liberties, but not by any ations, which appertain properly to me, as his act of power, but by “ quo warranto," or " scire majesty's attorney, and have been accordingly facias," which is a legal course, and will be the referred by the lords, I will undertake that they work of three or four terms; by which time the are prepared with a greater care, and better appli- matter will be somewhat cool. cation to his majesty's service, in that kingdom, But I would not (in no case) that the proceedthan heretofore they have been; and therefore of ing should be with both the towns which stand that I say no more. And for the instructions of now in contempt, but with one of them only, the new deputy, they have been set down by the choosing that which shall be most fit. For, if his two secretaries, and read to the board, and being majesty proceed with both, then all the towns things of an ordinary nature, I do not see but they that are in the like case will think it a common may pass. But there have been three propositions cause, and that it is but their case to-day, and and councils which have been stirred, which seem their own to-morrow. But if his majesty proceed to me of very great importance, wherein I think but with one, the apprehension and terror will not myself bound to deliver to his inajesty my advice, be so strong; for, they may think, it may be their and opinion, if they should now come in ques-case to be spared, as well as prosecuted. And tion. The first is touching the recusant magis- this is the best advice that I can give to his matrates of the towns of Ireland, and the common- jesty, in this strait; and of this opinion seemed alties themselves, and their electors, what shall my lord chancellor to be. be done; which consultation ariseth from the late The second proposition is this, it may be, his advertisements from the two lord justices, upon majesty will be moved to reduce the number of the instance of the two towns, Limerick and Kil- his council of Ireland (which is now almost kenny; in which advertisements, they represent fifty) to twenty, or the like number, in respect the danger only without giving any light for the that the greatness of the number doth both imbase remedy, rather warily for themselves, than agree the authority of the council, and divulge the busiable to their duties and places. In this point, I ness. Nevertheless, I hold this proposition to humbly pray his majesty to remember, that the be rather specious, and solemn, than needful at refusal is not of the oath of allegiance, (which this time; for certainly it will fill the state full is not exacted in Ireland,) but of the oath of of discontentment, which, in a growing and unsupremacy, which cutteth deeper into matter of settled state, ought not to be. This I could wish, conscience.
that his majesty would appoint a select number Also that his majesty, will out of the depth of of counsellors there, which might deal in the inhis excellent wisdom and providence, think, and provement of his revenue, (being a thing not to as it were calculate with himself, whether time pass through too many hands;) and the said will make more for the cause of religion in Ire- selected number should have days of sitting by land, and be still more and more propitious, or themselves, at which the rest of the council should whether differing remedies will not make the case not be present; which being once settled, then more difficult. For if time give his majesty the other principal business of state may be handled advantage, what needeth precipitation of extreme at these sittings; and so the rest begin to be disremedies; but if the time will make the case used, and yet retain their countenance, without more desperate, then his majesty cannot begin too murmur, or disgrace. soon. Now, in my opinion, time will open and The third proposition, as it is moved, seemeth facilitate things for reformation of religion there, to be pretty, if it can keep promise; for it is this, and noi shut up or lock ont the same. For, first, that a means may be found to reinforce his mathe plantations going on, and being principally jesty's army by five hundred, or a thousand men, of Protestants, cannot but mate the other party in and that without any penny increase of charge. tin.e. Also bis majesty's care in placing good And the means should be, that there should be a bishops, and good divines; in amplifying the commandment of a local removing, and transferring college there, and looking to the education of some companies from one province to another, wards, and such like; as they are the most natural whereupon it is supposed, that many that are means, so are they like to be the most effectual planted in house and lands, will rather lose their
entertainment, than remove; and thereby new chiefest worldly comfort is, to think, that sinon men may have their pay, yet, the old be mingled the time I had the first vote of the Lower House in the country, for the strength thereof. In this of Parliament for commissioner of the union; proposition two things may be feared; the one, until the time that I was this Parliament chosen discontent of those that shall be put off; the by both Houses, for their messenger to your maother, that the companies should be stuffed with jesty in the petition of religion, (which two, novices, (tirones) instead of “veterani.” I wish, were my first and last services,) I was evermore therefore, that this proposition be well debated, so happy, as to have my pour services graciously before it be admitted. Thus having performed accepted by your majesty, and likewise not to that which duty binds me to, I commend you to have had any of them miscarry in my hands. God's best preservation.
Neither of which points I can any ways take to Your most devoted and bounden servant. myself, but ascribe the former to your majesty's July 5, 1616.
goodness, and the latter to your prudent directions, which I was ever careful to have, and keep.
For, as I have often said to your majesty, I was SIR FRANCIS BACON, TO THE EARL OF NORTHUM- towards you but as a bucket, and a cistern to
draw forth, and conserve, and yourself was the IT MAY PLEASE your Lordship,
fountain. Unto this comfort of nineteen years I would not have lost this journey; and yet, I prosperity, there succeeded a comfort even in my have not that I went for: for I have had no private greatest adversity, somewhat of the same nature, conference to purpose with the king, no more hath which is, that in those offences wherewith I was almost any other English; for the speech of his charged, there was not any one that had special majesty admitteth with some nobleman, is rather relation to your majesty, or any your particular matter of grace, than matter of business: with commandments. For, as towards Almighty God, the attorney he spake, urged by the Treasurer of there are offences against the first and second Scotland, but no more than needs must. After I table, and yet all against God; so with the had received his majesty's first welcome, and was servants of kings, there are offences more immepromised private access, yet, not knowing what diate against the sovereign, although all offences matter of service your lordship's letter carried, against law are also against the king. Unto which for I saw it not, and knowing that primeness in comfort there is added this circunstance, that as advertisement is much, I chose rather to deliver my faults were not against your majesty otherwise it to Sir Thomas Hoskins, than to let it cool in than as all faults are, so my fall is not your mamy hands, upon expectation of access. Your jesty's act, otherwise than as all acts of justice lordship shall find a prince the farthest from vain- are yours. This I write not to insinuate with glory that may be, and rather like a prince of the your majesty, but as a most humble appeal to ancient form than of the latter time; his speeches your majesty's gracious remembrance, how honest swift and cursory, and in the full dialect of his and direct you have ever found me in your service, nation, and in speech of business short, in speech whereby I have an assured belief, that there is in of discourse large; he affecteth popularity by your majesty's princely thoughts, a great deal of gracing them that are popular, and not by any serenity and clearness to me, your majesty's now fashions of his own; he is thought soinewhat prostrate, and cast down servant. general in his favours; and his virtue of access Neither (my most gracious sovereign) do I, by is rather because he is much abroad, and in press, this mentioning of my services, lay claim to your than he giveth easy audience: he hasteneth to a princely grace and bounty, though the privilege mixture of both kingdoms and nations, faster of calanity do bear that form of petition. I know perhaps than policy will well bear. I told your well, had they been much more, they had been lordship once before my cpinion, that methought but my bounden duty; nay, I must also consess, his majesty rather asked counsel of the time past, that they were, from time to time, far above my than of the time to come. But it is y«t early to merit, super-rewarded by your majesty's benefits, ground any settled opinion. For other particu- which you heaped upon me. Your majesty was, larities I refer to conference, having in these gene- and is, that man to me, that raised and advanced rals gone farther in these tender arguments than me nine times, thrice in dignity, and six times in I would have done, were not the bearer hereof office. The places indeed were the painfnllest of so assured. So I continue your, etc.
all your service, but then they had both honour FR. Bacon. and profit, and the then profits might have main
tained my now honour, if I had been wise.
Neither was your majesty's immediate liberality SIR FRANCIS BACON TO THE KING.
wanting towards me, in some gifts, if I may hold MAY IT PLEASE YOUR most excellent Majesty, them. All this I do most thankfully acknowledge,
In the midst of my misery, which is rather and do herewith conclude, that for any thing assuaged by remembrance, than by hope, my arising from myself, to move your eye of pity towards me, there is much more in my present which your sacred hand hath been so oft for new inisery than in my past services; save that the ornaments and additions. Unto this degree of same your majesty's goodness, that may give compassion, I hope God above (of whose mercy relief tu the one, may give value to the other. towards me, both in my prosperity, and adversity,
And, indeed, if it may please your majesty, I have had great testimonies and pledges, though this theme of my misery is so plentiful, as it need mine own manifold and wretched unthankfulness not be coupled with any thing else. I have been might have averted them) will dispose your somebody, by your majesty's singular and unde- princely heart, already prepared to all piety. And served favour, even the prime officer of your king- why should I not think, but that thrice noble dom. Your majesty's arm hath been often over prince, who would have pulled me out of the fire mine in council, when you presided at the table, of a sentence, will help to pull me (if I may use so near I was. I have borne your majesty's image that homely phrase) out of the mire of an abject in metal, much more in heart. I was never, in and sordid condition in my last days? And that nineteen years' service, chidden by your majesty, excellent favourite of yours (the goodness of buit, contrariwise, often overjoyed, when your whose nature contendeth with the greatness of his majesty would sometimes say; “I was a good fortune, and who counteth it a prize, a second husband for you, though none for myself;" some-prize, to be a good friend, after that prize which times, “ That I had a way to deal in business, he carrieth to be a good servant) will kiss your suavibus modis,' which was the way which was hands with joy, for any work of piety you shall most according to your own heart;" and other do for me? And as all commiserating persons most gracious speeches of affection and trust, (specially such as find their hearts void of malice) which I feed on till this day. But why should I are apt to think, that all men pity them; I assure speak of these things, which are now vanished, myself, that the lords of the council (who out of but only the better to express my downfall. their wisdom and nobleness cannot but be sensible
For now it is thus with me; I am a year and a of human events) will, in this way which I go half old in misery, though (I must ever acknow- for the relief of my estate, further and advance ledge) not without some mixture of your majesty's your majesty's goodness towards me. For there grace and mercy. For I do not think it possible, is a kind of fraternity between great men that are, that any you once loved should be totally mise- and those that have been, being but the several rable. My own ineans, through mine own impro- tenses of one verb; nay, I do farther presume, vidence, are poor and weak, little better than my that both Houses of Parliament will love their father left me. The poor things which I have justice the better if it end not in my ruin. For I had from your majesty, are either in question, or have been often told by many of my lords, (as it at courtesy: my dignities remain marks of your were, in excusing the severity of the sentence,) past favour, but yet burdens withal of my present that they knew they left me in good hands. And fortune. The poor remnants which I had of my your majesty knoweth well, I have been all my former fortunes, in plate or jewels, I have spread life long acceptable to those assemblies, not by upon poor men, unto whom I owed, scarce leaving flattery, but by moderation, and by honest expressmyself bread. So as, to conclude, I must pour ing of a desire to have all things go fairly and out my misery before your majesty, so far as to well. say, “Si deseris tu, perimus."
But if it may please your majesty) for saints, Bat as I can offer to your majesty's compas- I shall give them reverence, but no adoration. sion, little arising from myself to move you, My address is to your majesty, the fountain of except it be my extreme misery, which I have goodness: your majesty shall, by the grace of truly laid open; so looking up to your majesty God, not feel that in gift, which I shall extremely yourself, I should think I committed Cain's fault, feel in help; for my desires are moderate, and my if I should despair: your majesty is a king, whose courses measured to a life orderly and reserved : heart is as unscrutable, for secret motions of hoping still to do your majesty honour in my way. goodness, as for depth of wisdom. You are cre- Only I most humbly beseech your majesty, lo ator-like, factive, and not destructive ; you are a give me leave to conclude with those words which prince in whom I have ever noted an aversion necessity speaketh ; help me, dear sovereign lord against any thing that savoured of a hard heart; and master, and pity me so far, as I, that have as, on the other side, your princely eye was wont borne a bag, be not now, in my age, forced 10 to meet with any motion that was made on the re- effect, to bear a wallet; nor I, that desire to live lieving part. Therefore, as one that hath had happi- to study, may not be driven to study to live. ] ness to know your majesty near hand I have (most most humbly crave pardon of a long letter, after a gracious sovereign) faith enough for a miracle, long silence. God of heaven ever bless, preserve, much more for a grace: that your majesty will and prosper your majesty. not suffer your poor creature to be utterly defaced, Your majesty's poor ancient servant and beadsnor blot that name quite out of your book, upon man,
Fr. St. ALBAN VOL. III.-3