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sonable thoughts. And yet that which happened you, and long and happily may you serve his the last day of the term concerning certain indict- majesty. ments, in the nature of præmunire, preferred into

Your true and affectionate servant.

POSTSCRIPT.

Sir, I humbly thank you for your inward letter: I have burned it as you commanded, but the flame it hath kindled in me will never be extinguished.

SIR FRANCIS BACON TO THE KING, CONCERNING
THE PRÆMUNIRE IN THE KING'S BENCH
AGAINST THE CHANCERY.

the King's Bench, but not found, is not so much Feb. 10, 1615.
as is noised abroad, though, I must say, it was
" omni tempere nimium, et hoc tempore alienum."
And, therefore, I beseech your majesty not to give
any believing ear to reports, but to receive the
truth from me that am your attorney-general, and
ought to stand indifferent for jurisdictions of all
courts; which, I account, I cannot give your
majesty now, because I was then absent, and some
are now absent, which are properly and authenti-
cally to inform me, touching that which passed.
Neither let this any way disjoint your other busi-
ness; for there is a time for all things, and this
very accident may be turned to good; not that I
am of opinion that the same cunning maxim of
et impera," which sometimes holdeth in
persons, can well take place in jurisdiction; but
because some good occasion by this excess may
be taken, to settle that which would have been
more dangerous, if it had gone on, by little and
little. God preserve your majesty.
Your majesty's most humble subject,
and most bounden servant.

separa

Feb. 15th, 1615.

A LETTER TO SIR GEORGE VILLIERS, TOUCHING
THE DIFFERENCE BETWEEN THE COURTS OF

CHANCERY AND KING'S BENCH.

SIR,

I received this morning from you two letters by the same bearer, the one written before the other, both after his majesty had received my last. In this difference between the two courts of Chancery and King's Bench, (for so I had rather take it at this time, than between the persons of my lord chancellor, and my lord chief justice,) I marvel not, if rumour get way of true relation; for I know fame hath swift wings, especially that which hath black feathers; but within these two days (for sooner I cannot be ready) I will write to his majesty both the narrative truly, and my opinion sincerely, taking much comfort, that I serve such a king, as hath God's property, in discerning truly of men's hearts. I purpose to speak with my lord chancellor this day, and so to exhibit that cordial of his majesty's grace, as I hope this other accident will rather rouse and raise his spirits, than deject him, or incline him to a relapse; mean while, I commend the wit of a mean man, that said this other day, well, (saith he,) next term you shall have an old man come with a besom of wormwood in his hand, that will sweep away all this. For it is my lord chancelJor's fashion, especially towards the summer, to carry a posy of wormwood. I write this letter in haste, to return the messenger with it. God keep

IT MAY PLEASE YOUR MOST EXCEllent Majesty,
I was yesterday in the afternoon, with my lord
chancellor, according to your commandment,
which I received by the Mr. of the Horse, and
find the old man well comforted, both towards
And the same
God and towards the world.
middle comfort, which is a divine and humane,
proceeding from your majesty, being God's lieu-
tenant on earth, I am persuaded hath been a great
cause, that such a sickness hath been portable to
such an age.
I did not fail in my conjecture,
that this business of the Chancery hath stirred
him. He showeth to despise it, but yet he is
full of it, and almost like a young duellist that
findeth himself behindhand.

I will now (as your majesty requireth) give you a true relation of that which passed; neither will I decline your royal commandment, for delivering my opinion also; though it be a tender subject to write on. But I, that account my being but an accident to my service, will neglect no duty upon self-safety. First, it is necessary I let your majesty know the ground of the difference between the two courts, that your majesty may the better understand the narrative.

There was a statute made 27 Ed. 3, 27 E. 3. Cap. 1, which (no doubt) in the prinCap. 1. cipal intention thereof, was ordained against those that sued to Rome, wherein there are words somewhat general, against any that questioneth or impeacheth any judgment given in Upon the king's courts, in any other courts. these doubtful words (other courts) the contrɔversy groweth; for the sounder interpretatiɔn taketh them to be meant of those courts which, though locally they were not held at Rome, or where the pope's chair was, but here within the realm, yet in their jurisdiction had their dependency upon the court of Rome; as were the court of the legate here, and the courts of the archbishops and bishops, which were then but subordinate judgment seats, to that high tribunal of Rome.

And, for this construction, the opposition of the words, (if they be well observed) between the king's courts and other courts, maketh very much; for it importeth as if those other courts were not

the king's courts. Also the main scope of the
statute fortifieth the same; and, lastly, the prac-
tice of many ages.
The other interpretation,
which cleaveth to the letter, expoundeth the
king's courts to be the courts of law only, and
other courts to be courts of equity, as the Chan-
cery, Exchequer Chamber, Duchy, etc., though

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

this also flieth indeed from the letter; for that all very substantial and intelligent persons, would these are the king's courts.

4 H. 4.

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.

There is also another statute, which is but a simple prohibition, and not with Cap. 23. a penalty of præmunire, as the other is, that after judgments given in the king's court, the parties shall be in peace, except the judgments 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 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.

But upon these two statutes, there hath been a late conceit in some, that if a judgment pass at the common law against any, he may not after sue for relief in Chancery; and if he do, both he and his counsel, and his solicitor, yea, and the judge, in equity, himself, are within the danger of those statutes. There your majesty hath the true state of the question, which I was necessarily to show you first, because your majesty calleth for this relation, not as news, but as business. Now to the historical part; it is the course of the King's Bench, that they give in charge to the 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 reconcile and Sir John Tyndal, master of the Chancery, and these advices, which seem almost opposite. 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

First, your majesty may not see it (though 1 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

Ᏼ .

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.

Second, 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 to 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.

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 arraignment 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 showeth 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, and most bounden servant.

Febr. 21, 1617.

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.

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, SIR FRANCIS BACON TO THE KING, UPON SOME my Lord Wrey, being then chief justice, slipped the collar, and was forborne.

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.

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 sur-
prised 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 myself, 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, to cover base desires, which I account them to be, when men refer too much to themselves, especially serving such a king, I am afraid of nothing, but that the master of the horse, your excellent servant, and myself, shall fall out about this, who shall hold your stirrup best; but were your majesty mounted, and seated without difficulties and distaste in your business, as I desire and hope to see you, I should "ex animo" desire to spend the decline of my years in my studies, wherein also I should not forget to do him honour, who, besides his active and politic virtues, is the best of kings, and much more the best subject of a pen. God ever preserve your majesty. Your majesty's most humble subject, and more and more obliged servant.

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 pusiness, according to your great wisdom, unto which I acknow.edge myself not worthy to be April 1, 1616.

pen

SIR FRANCIS BACON TO SIR GEORGE VILLIERS, and happy, for the weeding out of Popery, withOF ADVICE CONCERNING IRELAND, FROM GOR-out using the temporal sword; so that I think I

HAMBURY TO WINDSOR.

SIR,

may truly conclude, that the ripeness of time is not yet come.

proceeding to seizure of liberties, but not by any act of power, but by "quo warranto," or "scire facias," which is a legal course, and will be the work of three or four terms; by which time the matter will be somewhat cool.

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 former commissions for Ireland, and the framing have somewhat done, which is, that there be a of a new commission for the wards, and the alienations, which appertain properly to me, as his majesty's attorney, and have been accordingly referred by the lords, I will undertake that they are prepared with a greater care, and better application 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 majesty 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 advertisements from the two lord justices, upon the instance of the two towns, Limerick and Kilkenny; in which advertisements, they represent the danger only without giving any light for the remedy, rather warily for themselves, than agreeable to their duties and places. In this point, I humbly pray his majesty to remember, that the refusal is not of the oath of allegiance, (which is not exacted in Ireland,) but of the oath of supremacy, which cutteth deeper into matter of conscience.

Also that his majesty, will out of the depth of his excellent wisdom and providence, think, and as it were calculate with himself, whether time will make more for the cause of religion in Ireland, and be still more and more propitious, or whether differing remedies will not make the case more difficult. For if time give his majesty the advantage, what needeth precipitation of extreme remedies; but if the time will make the case more desperate, then his majesty cannot begin too soon. Now, in my opinion, time will open and facilitate things for reformation of religion there, and not shut up or lock out the same. For, first, the plantations going on, and being principally of Protestants, cannot but mate the other party in time. Also his majesty's care in placing good bishops, and good divines; in amplifying the college there, and looking to the education of wards, and such like; as they are the most natural means, so are they like to be the most effectual

The second proposition is this, it may be, his majesty will be moved to reduce the number of his council of Ireland (which is now almost fifty) to twenty, or the like number, in respect that the greatness of the number doth both imbase the authority of the council, and divulge the business. Nevertheless, I hold this proposition to be rather specious, and solemn, than needful at this time; for certainly it will fill the state full of discontentment, which, in a growing and unsettled state, ought not to be. This I could wish, that his majesty would appoint a select number of counsellors there, which might deal in the inprovement of his revenue, (being a thing not to pass through too many hands;) and the said selected number should have days of sitting by themselves, at which the rest of the council should not be present; which being once settled, then other principal business of state may be handled at these sittings; and so the rest begin to be disused, and yet retain their countenance, without murmur, or disgrace.

The third proposition, as it is moved, seemeth to be pretty, if it can keep promise; for it is this, that a means may be found to reinforce his majesty's army by five hundred, or a thousand men, and that without any penny increase of charge. And the means should be, that there should be a commandment of a local removing, and transferring some companies from one province to another, whereupon it is supposed, that many that are planted in house and lands, will rather lose thei

entertainment, than remove; and thereby new | chiefest worldly comfort is, to think, that since men may have their pay, yet, the old be mingled in the country, for the strength thereof. In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies should be stuffed with novices, (tirones) instead of "veterani." I wish, therefore, that this proposition be well debated, before it be admitted. be admitted. Thus having performed that which duty binds me to, I commend you to God's best preservation.

Your most devoted and bounden servant. July 5, 1616.

the time I had the first vote of the Lower House of Parliament for commissioner of the union; until the time that I was this Parliament chosen by both Houses, for their messenger to your majesty in the petition of religion, (which two, were my first and last services,) I was evermore so happy, as to have my poor services graciously accepted by your majesty, and likewise not to have had any of them miscarry in my hands. Neither of which points I can any ways take to myself, but ascribe the former to your majesty's 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

BERLAND.

IT MAY PLEASE YOUR LORDship,

I would not have lost this journey; and yet, I have not that I went for: for I have had no private conference to purpose with the king, no more hath almost any other English; for the speech of his majesty admitteth with some nobleman, is rather matter of grace, than matter of business: with the attorney he spake, urged by the Treasurer of Scotland, but no more than needs must. After I had received his majesty's first welcome, and was promised private access, yet, not knowing what matter of service your lordship's letter carried, for I saw it not, and knowing that primeness in advertisement is much, I chose rather to deliver it to Sir Thomas Hoskins, than to let it cool in my hands, upon expectation of access. Your lordship shall find a prince the farthest from vainglory that may be, and rather like a prince of the ancient form than of the latter time; his speeches swift and cursory, and in the full dialect of his nation, and in speech of business short, in speech of discourse large; he affecteth popularity by gracing them that are popular, and not by any fashions of his own; he is thought somewhat general in his favours; and his virtue of access is rather because he is much abroad, and in press, than he giveth easy audience: he hasteneth to a mixture of both kingdoms and nations, faster perhaps than policy will well bear. I told your lordship once before my opinion, that methought his majesty rather asked counsel of the time past, than of the time to come. But it is yet early to ground any settled opinion. For other particularities I refer to conference, having in these generals gone farther in these tender arguments than I would have done, were not the bearer hereof so assured. So I continue your, etc.

FR. BACON.

SIR FRANCIS BACON TO THE KING.

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, In the midst of my misery, which is rather assuaged by remembrance, than by hope, my

draw forth, and conserve, and yourself was the fountain. Unto this comfort of nineteen years' prosperity, there succeeded a comfort even in my greatest adversity, somewhat of the same nature, which is, that in those offences wherewith I was charged, there was not any one that had special relation to your majesty, or any your particular commandments. For, as towards Almighty God, there are offences against the first and second table, and yet all against God; so with the servants of kings, there are offences more immediate against the sovereign, although all offences against law are also against the king. Unto which comfort there is added this circumstance, that as my faults were not against your majesty otherwise than as all faults are, so my fall is not your majesty's act, otherwise than as all acts of justice are yours. This I write not to insinuate with your majesty, but as a most humble appeal to your majesty's gracious remembrance, how honest and direct you have ever found me in your service, whereby I have an assured belief, that there is in your majesty's princely thoughts, a great deal of serenity and clearness to me, your majesty's now prostrate, and cast down servant.

Neither (my most gracious sovereign) do I, by this mentioning of my services, lay claim to your princely grace and bounty, though the privilege of calamity do bear that form of petition. I know well, had they been much more, they had been but my bounden duty; nay, I must also confess, that they were, from time to time, far above my merit, super-rewarded by your majesty's benefits, which you heaped upon me. Your majesty was, and is, that man to me, that raised and advanced me nine times, thrice in dignity, and six times in office. The places indeed were the painfullest of all your service, but then they had both honour 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 wanting towards me, in some gifts, if I may hold them. All this I do most thankfully acknowledge, and do herewith conclude, that for any thing arising from myself, to move your eye of pity

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