majesty required, was not against the law, nor a breach of the judges oath, and required that the judges oath itself might be read out of the statute, which was done by the king's solicitor, and all the words thereof weighed and considered. Thereupon his majesty and the lords thought good to ask the judges severally their opinions; the question being put in this manner; Whether, if at any time, in a case depending before the judges, his majesty conceived it to concern him either in power or profit, and thereupon required to consult with them, and that they should stay proceedings in the mean time, they ought not to stay accordingly? They all, the lord chief justice only excepted, yielded that they would, and acknowledged it to be their duties so to do; only the lord chief justice of the king's bench said for answer, that when the case should be, he would do that which should be fit for a judge to do. And the lord chief justice of the common pleas, who had assented with the rest, added, that he would ever trust the justice of his majesty's commandment. After this was put to a point, his majesty thought fit, in respect of the farther day of argument, appointed the Saturday following for the Commendams, to know from his judges what he might expect from them concerning the same. Whereupon the lord of Canterbury breaking the case into some questions, his majesty did require his judges to deal plainly with him, whether they meant in their argument to touch the general power of granting Commendams, yea or no? Whereupon all the said judges did promise and assure his majesty, that in the argument of the said case of Commendams, they would speak nothing which should weaken or draw into doubt his majesty's prerogative for granting of them; but intended particularly to insist upon the points of lapse and other judicial points of this case, which they conceived to be of a form differing from all other Commendams which have been practised. The judges also went farther, and did promise his majesty, that they would not only abstain from speaking any thing to weaken his majesty's prerogative of Commendams, but would directly and in plain terms affirm the same, and correct the erroneous and bold speeches which had been used at the bar in derogation thereof. Also the judges did in general acknowledge and profess with great forwardness, that it was their duty, if any counsellor at the law presumed at any time to call in question his majesty's high prerogative, that they ought to reprehend them and silence them; and all promised so to do hereafter. Lastly, the two judges that were then next to argue, Mr. Justice Dodderidge and Mr. Justice Winch, opened themselves unto his majesty thus far; that they would insist chiefly upon the lapse, and some points of uncertainty, repugnancy, and absurdity, being peculiar to this Commendam; and that they would shew their dislike of that which had been said at the bar for the weakening of the general power; and Mr. Justice Dodderidge said he would conclude for the king, that the church was void and in his majesty's gift; he also said that the king might give a Commendam to a bishop either before or after his consecration, and that he might give it him during his life, or for a certain number of years. The judges having thus far submitted and declared themselves, his majesty commanded them to keep the bounds and limits of their several courts, not to suffer his prerogative to be wounded by rash and unadvised pleading before them, or by new invention of law; for as he well knew the true and ancient common law is the most favourable for kings of any law in the world; so he advised them to apply their studies to that ancient and best law, and not to extend the power of any other of their courts beyond their due limits; following the precedents of their best ancient judges in the times of the best government; and that then they might assure themselves that he, for his part, in his protection of them, and expediting of justice, would walk in the steps of ancient and best kings. Whereupon he gave them leave to proceed in their argument. When the judges were removed, his majesty that had forborn to ask the voices and opinions of his council G. Cant. Tho. Ellesmere, Canc. Th. Suffolk, CXLIX. To Sir GEORGE VILLIERS, for the Rawley's restoring to Dr. Burgess the liberty of preach-tio, and ing. SIR, I Do think you may do yourself honour, and, that which is more, do a good work; if you will assist and perfect a motion begun, and that upon a good ground, both of submission and conformity, for the restoring of doctor Burgess to preach3; and I wish likewise, that if Gray's-Inn should think good, after he is free from the state, to choose him for their preacher, his majesty should not be against it: for certainly we should watch him well if he should fly forth; so as he cannot be 3 Soon after this date doctor Burgess was presented to the parsonage of Sutton-Colfield in Warwickshire. In 1620 he attended Sir Horace Vere into the Palatinate, when that noble general conducted thither a gallant regiment, the largest for number, and greatest for quality, being much composed of gentlemen, that had been seen. Stephens. Resuscita Stephens's second col lection, P. 2. placed in a more safe auditory. This may seem a trifle, but I do assure you I do scarce know a particular, wherein you may open more honest mouths to speak honour of you, than this. And I do extremely desire there may be a full cry from all sorts of people, especially the best, to speak, and to trumpet out your commendations. I pray you take it to heart, and do somewhat in it. I rest Your devoted and bounden servant, June 12, 1616. FR. BACON. CL. To Sir GEORGE VILLIERS. SIR, 5 THERE is a particular wherein I think you may do yourself honour, which, as I am informed, hath been laboured by my lady of Bedford,* and put in good way by the bishop of Bath and Wells, concerning the restoring to preach of a famous preacher, one doctor Burgess; who, though he hath been silenced a great time, yet he hath now made such a submission touching his conformity, as giveth satisfaction. It is much desired also by Gray's-Inn, if he shall be free from the 4 My lady of Bedford, so much celebrated by doctor Donne and Sir William Temple, for the admirable disposition of her garden at Moor Park, was sister and co-heir to the last lord Harrington of Exton; who dying in the entrance of the year 1614, and the 22d of his age, revived in the nation the sense it had of the loss of prince Henry, as being a young nobleman of great hopes and piety. This lady disposed of much of the estate she had from her brother: selling Burley upon the Hill in the county of Rutland to the then marquis of Buckingham, where he afterwards adorned the seat with noble structures, which were destroyed in the time of our civil wars. But this place has now recovered its ancient splendour at the expence, and by the direction of its present lord the earl of Nottingham. Stephens. 5 This bishop was fifth son to Sir Edward Montague, and brother to Edward the first lord Montague of Boughton, a prelate of great learning and eloquence, and very munificent; and by some called king James's ecclesiastical favourite. In 1616 he was translated to Winchester, and dying in two years time, he was buried in the body of the abbey church of Bath, which with great cost and care he had preserved from the ruins, which time and neglect were bringing upon it. Stephens. state, to choose him for their preacher: and certainly it is safer to place him there, than in another auditory, because he will be well watched, if he should any ways fly forth in his sermons beyond duty. This may seem a trifle, but, I do assure you, in opening this man's mouth to preach, you shall open every man's mouth to speak honour of you; and I confess I would have a full cry of puritans, of papists, of all the world to speak well of you; and, besides, I am persuaded, which is above all earthly glory, you shall do God good service in it. I pray deal with his majesty in it. I rest Your devoted and bounden servant, June 13, 1616. FR. BACON, CLI. To Sir GEORGE VILLIERS. I SEND you inclosed a warrant for my lady of Somerset's pardon, reformed in that main and material point, of inserting a clause [that she was not a principal, but an accessary before the fact, by the instigation of base persons.] Her friends think long to have it dispatched, which I marvel not at, for that in matter of life moments are numbered. I do more and more take contentment in his majesty's choice of Sir Oliver St. John, for his deputy of Ireland, finding, upon divers conferences with him, his great sufficiency; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time, shall work a good effect for his majesty's service. I am wonderful desirous to see that kingdom flourish, because it is the proper work and glory of his majesty and his times. And his majesty may be pleased to call to mind, that a good while since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate remembrancer to his majesty's princely wisdom in that business. God ever keep you and prosper you. Your true and most devoted and bounden servant, Stephens's second col lection, p. 3. |