« ForrigeFortsett »
father from attorney of the wars, Bromley from hearts by advancing. For I see your people can
Cod ever preserve
and bounden servant. So as your majesty (more than an outward form) Feb. 12, 1615. will find little help in him, for the business. If you take my Lord of Canterbury, I will say no more, but the chancellor's place requires a whole A LETTER TO THE KING, OF MY LORD CHANCEIman. And to have both jurisdictions, spiritual
LOR'S AMENDMENT, AND THE DIFFERENCE
BEGUN BETWEEN THE CHANCERY AND KING'S and temporal, in that height, is fit but for a king.
For myself, I can only present your majesty with "gloria in obsequio;" yet I dare promise, IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, that if I sit in that place, your business shall not I do find (God be thanked) a sensible amendmake such short terms upon you, as it doth ; but ment in my lord chancellor; I was with him yeswhen a direction is once given, it shall be pursued terday in private conference, about half an hour, and performed; and your majesty shall only be and this day again, at such times as he did seal, troubled with the true care of a king, which is to which he endured well almost the space of an think what
would have done in chief, and not hour, though the vapour of the wax be offensive how, for the passages.
to him. He is free from a fever, perfect in his I do presume, also, in respect of my father's powers of memory and speech, and not hollow in memory, and that I have been always gracious in his voice nor looks. lle hath no panting, nor the Lower House, I have interest in the gentle- labouring respiration, neither are his couglis dry men of England, and shall be able to do some
or weak. But whosoever thinketh his disease to good effect, in rectifying that body of Parliament be but melancholy, maketh no true judgment of men, which is “ cardo rerum.” For, let me tell it, for it is plainly a formed and deep cough, with your majesty, that that part of the chancellor's a pectoral surcharge, so that, at times, he doth place, which is to judge in equity, between party almost “animam agere." I forbear to advertise and party, that same " regnum judiciale,” (which, your majesty of the care I took to liave commissince
my father's time, is but too much enlarged,) sioners in readiness, because Master Secretary concerneth your majesty least, more than the ac- Lake hath let me understand he signified as much quitting your conscience for justice. But it is the to your majesty. But I hope there shall be no other parts of a moderator, amongst your council, use of them for this time. of an overseers over your judges, of a planter of And, as I am glad to advertise your majesty of ît justices, and governors in the country, that im- the amendment of your chancellor's person, so I porteth your affairs in these times most.
am sorry to accompany it with an advertisement I will add also, that I hope, by my care, the of the sickness of your Chancery Court; though, inventive part of your council will be strength by the grace of God, that cure will be much ened, who now, commonly, do exercise rather easier than the other. It is true, I did lately their judgments than their inventions: and the write to your majesty, that for the matter of “ hainventive part cometh from projectors, and private beas corpora,” (which was the third matter in law men, which cannot be so well; in which kind my you had given me in charge,) I did think the comLord of Salisbury had a good method, if his ends munion of service between my Jord chancellos, had been upright.
and my lord chief justice, in the great business To conclude, if I were the man I would be, I of examination, would so join them, as they should hope, that as your majesty hath of late won would not square at this time. But parrion me, hearts by depressing, you should in this leese no I humbly pray your majesty, if I have too rea
THE PRÆMUNIRE IN THE
such an age.
sonable thoughts. And yet that which happened you, and long and happily may you serve his
Your true and affectionate servant.
SIR FRANCIS BACON TO THE KING, CONCERNING majesty now, because I was then absent, and some are now absent, which are properly and authentically to inform me, touching that which passed. Neither let this any way disjoint your other busi- IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, ness; for there is a time for all things, and this I was yesterday in the afternoon, with my lord very accident may be turned to good; not that I chancellor, according to your commandment, am of opinion that the same cunning maxim of which I received by the Mr. of the Horse, and “ separa et impera," which sometimes holdeth in find the old man well comforted, both towards persons, can well take place in jurisdiction; but God and towards the world.
And the same because some good occasion by this excess may middle comfort, which is a divine and humane, be taken, to settle that which would have been proceeding from your majesty, being God's lieumore dangerous, if it had gone on, by little and tenant on earth, I am persuaded hath been a great little. God preserve your majesty.
cause, that such a sickness hath been portable to Your majesty's most humble subject,
I did not fail in my conjecture, and most bounden servant. that this business of the Chancery hath stirred Feb. 15th, 1615.
him. He showeth to despise it, but yet he is
I will now (as your majesty requireth) give
vering my opinion also; though it be a tender Sir,
subject to write on. But I, that account my being I received this morning from you two letters but an accident to my service, will neglect no by the same bearer, the one written before the duty upon self-safety. First, it is necessary I let other, both after his majesty had received my your majesty know the ground of the difference last. In this difference between the two courts between the two courts, that your majesty may of Chancery and King's Bench, (for so I had rather the better understand the narrative. take it at this time, than between the
There was a statute made 27 Ed. 3,
27 E. 3. my lord chancellor, and my lord chief justice,) I
Cap. 1, which (no doubt) in the prin.
Cap. 1. marvel not, if rumour get way of true relation;
cipal intention thereof, was ordained for I know fame hath swift wings, especially that against those that sued to Rome, wherein there which hath black feathers; but within these two are words somewhat general, against any that days (for sooner I cannot be ready) I will write questioneth or impeacheth any judgment given in to his majesty both the narrative truly, and my the king's courts, in any other courts. Upon opinion sincerely, taking much comfort, that I these doubtful words (other courts) the controserve such a king, as hath God's property, in versy grow ; for the sounder interpretatiɔn discerning truly of men's hearts. I purpose to taketh them to be meant of those courts which, speak with my lord chancellor this day, and so to though locally they were not held at Rome, or exbibit that cordial of his majesty's grace, as I where the pope's chair was, but here within the hope this other accident will father rouse and realm, yet in their jurisdiction had their dependraise his spirits, than deject him, or incline him ency upon the court of Rome; as were the court to a relapse; mean while, I commend the wit of of the legate here, and the courts of the archbia mean man, that said this other day, well, (saith shops and bishops, which were then but subordi. he,) next term you shall have an old man come nate judgment seats, to that high tribunal of with a besom of wormwood in his hand, that will Rome. sweep away all this. For it is my lord chancel And, for this construction, the opposition of the Jor's fashion, especially towards the summer, to words, (if they he well observed) between the carry a posy of wormwood. I write this letter in king's courts and other courts, maketh very much: baste, to return the messenger with it. God keep for it importeth as if those other courts were not
CHANCERY AND KING'S BENCII.
the king's courts. Also the main scope of the workmen that ever were that set them on; foi,
not find the bills, notwithstanding that they were 4 H. 4.
There is also another statute, which is much clamoured by the parties, and twice sent
but Cap. 23.
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 that your 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 fur 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 not see it (though i 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, bet on that preferred them, they were the worst or that he did set it or animate it, but only took
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 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 injust 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 Majesta, and Allen, which are base fellows, and turbulent,
The last day when it pleased your majesty te 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 laps some of their petty counsellors at law, into lines of acknowledgment. the Star Chamber.
I never had great thoughts 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 "ex aniino” 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
a pen. God ever preserve your majesty. without hope, that your majesty's managing this Your majesty'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, 1016.
HAMBURY TO WINDSOR.
SIR FRANCIS BACON TO SIR GEORGE VILLIERS, and happy, fur the weeding out of Popery, withio
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 author. supply 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 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 hy 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 not shut up or lock out 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. time. Also his majesty's care in placing good And the means should be, that there should be a bishops, and good divines; in amplifying the commandmentof 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