So, etc.

SIR FRANCIS BACON TO MR. DAVID FOULES IN
SCOTLAND, UPON THE ENTRANCE OF HIS MA-
JESTY'S REIGN.

I think, because this springtime it is but a kind | portunity can possibly minister or offer. And of sport. It is hoped, that as the state here hath that is, the causes of Ireland, if they be taken by performed the part of good attorneys, to deliver the right handle: for if the wound be not ripped the king quiet possession of his kingdom; so the up again, and come to a festered sense, by new king will redeliver them quiet possession of their foreign succours, I think that no physician will go places, rather filling places void, than removing on much with letting blood "in declinatione men placed. morbi," but will intend to purge and corroborate. To which purpose I send you mine opinion, without labour of words in the enclosed, and sure I am, that if you shall enter into the matter according to the vivacity of your own spirit, nothing can make unto you a more gainful return; for you shall make the queen's felicity complete, which now (as it is) is incomparable; and for yourself, you shall make yourself as good a patriot as you are thought a politic, and to have no less generous ends than dexterous delivery of yourself towards your ends; and as well to have true arts and grounds of government, as the facility and felicity of practice and negotiation; and to be as well seen in the periods and tides of estates, as in your own circle and way; than the which I suppose nothing can be a better addition and accumulation of honour unto you.

SIR, the occasion awaketh in me the remembrance of the constant and mutual good offices which passed between my good brother and yourself; whereunto, as you know, I was not altogether a stranger, though the time and design (as between brethren) made me more reserved. But well do I bear in mind the great opinion which my brother (whose judgment I much reverence) would often express to me of the extraordinary sufficiency, dexterity, and temper, which he had found in you, in the business and service of the king our sovereign lord. This latter bred in me an election, as the former gave an inducement, for me to address myself to you, and to make this signification of my desire, towards a mutual entertainment of good affection and correspondence between us, hoping that some good effect may result of it, towards the king's service, and that for our particulars, though occasion give you the precedence, of furthering my being known by good note unto the king; so, no long time will intercede, before I, on my part, shall have some means given to requite your favours, and verify vour commendation. And so, with my loving commendations, (good Mr. Foules,) I leave you to God's goodness.

From Gray's Inn, this 25th of March.

SIR FRANCIS BACON TO SIR ROBERT CECIL, AF-
TER DEFEAT OF THE SPANIARDS IN IRELAND,

FOR REDUCING THAT KINGDOM TO CIVILITY,
WITH SOME REASONS ENCLOSED.

IT MAY PLEASE YOUR HONOUR,

As one that wisheth you all increase of honour, and as one that cannot leave to love the state, what interest soever I have, or may come to have in it, and as one that now this dead vacation time have some leisure "ad aliud agendum," I will presume to propound unto you that which, though you cannot but see, yet I know not whether you apprehend and esteem it in so high a degree that is, for the best action of importation to yourself, of sound honour and merit to her majesty, and this crown, without ventosity or popularity, that the riches of any occasion, or the tide of any opVOL. II.-2

This, I hope, I may in privateness write, either as a kinsman, that may be bold, or as a scholar, that hath liberty of discourse, without committing of any absurdity. If not, I pray your honour to believe, I ever loved her majesty and the state, and now love yourself; and there is never any vehement love without some absurdity, as the Spaniard well saith, "desuario con la calentura." So, desiring your honour's pardon, I ever con

tinue, etc.

FR. BACON.

SIR FRANCIS BACON TO THE LORD TREASURER,
TOUCHING HIS SPEECH IN PARLIAMENT.

IT MAY PLEASE YOUR GOOD LORDSHIP,

I was sorry to find by your lordship's speech yesterday, that my last speech in Parliament, delivered in discharge of my conscience, my duty to God, her majesty, and my country, was offensive: if it were misreported, I would be glad to attend your lordship, to disavow any thing I said not; if it were misconstrued, I would be glad to expound my words, to exclude any sense I meant not; if my heart be misjudged by imputation of popularity, or opposition, I have great wrong, and the greater, because the manner of my speech did most evidently show that I spake most simply, and only to satisfy my conscience, and not with any advantage or policy to sway the case, and my terms carried all signification of duty and zeal towards her majesty and her service. It is very true, that from the beginning, whatsoever was a double subsidy I did wish might for precedent's sake appear to be extraordinary, and for discontent's sake might not have been levied upon the poorer

A LETTER TO MR. MATTHEW, UPON SENDING HIS I send it chiefly, that your majesty may be the

hearts by advancing. For I see your people can better skill of "concretum" than "abstractum," and that the waves of their affections flow rather after persons than things. So that acts of this nature (if this were one) do more good than twenty bills of grace.

If God call my lord, the warrants and commissions which are requisite for the taking the seal, and for the working with it, and for the reviving of warrants under his hand, which die with him, and the like, shall be in readiness. And in this time presseth more, because it is the end of a term, and almost the beginning of the circuits: so that the seal cannot stand still. But this may be done, as heretofore, by commission, till your majesty hath resolved of an officer. God ever preserve your majesty.

father from attorney of the wars, Bromley from solicitor, Puckering from sergeant, Egerton from master of the rolls, having newly left the attorney's place. Now I beseech your majesty, let me put you the present case truly. If you take my Lord Coke, this will follow: first, your majesty shall put an overruling nature into an overruling place, which may breed an extreme; next, you shall blunt his industries in matter of finances, which seemeth to aim at another place. And, lastly, popular men are no sure mounters for your majesty's saddle. If you take my Lord Hubbard, you shall have a judge at the upper end of your council-board, and another at the lower end; whereby your majesty will find your prerogative pent. For, though there should be emulation between them, yet as legists they will agree, in magnifying that wherein they are best, he is no statesman, but an economist, wholly for himself. So as your majesty (more than an outward form) will find little help in him, for the business. 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 CHANCELman. And to have both jurisdictions, spiritual and temporal, in that height, is fit but for a king.

If

For myself, I can only present your majesty with "gloria in obsequio;" yet I dare promise, that if I sit in that place, your business shall not make such short terms upon you, as it doth; but when a direction is once given, it shall be pursued and performed; and your majesty shall only be troubled with the true care of a king, which is to think what you would have done in chief, and not how, for the passages.

I do presume, also, in respect of my father's memory, and that I have been always gracious in the Lower House, I have interest in the gentlemen of England, and shall be able to do some good effect, in rectifying that body of Parliament men, which is "cardo rerum." For, let me tell your majesty, that that part of the chancellor's place, which is to judge in equity, between party and party, that same "regnum judiciale," (which, since my father's time, is but too much enlarged,) concerneth your majesty least, more than the acquitting your conscience for justice. But it is the other parts of a moderator, amongst your council, of an overseers over your judges, of a planter of fit justices, and governors in the country, that importeth your affairs in these times most.

I will add also, that I hope, by my care, the inventive part of your council will be strengthened, who now, commonly, do exercise rather their judgments than their inventions: and the inventive part cometh from projectors, and private men, which cannot be so well; in which kind my Lord of Salisbury had a good method, if his ends had been upright.

To conclude, if I were the man I would be, I should hope, that as your majesty hath of late won hearts by depressing, you should in this leese no

Your majesty's most humble subject, and bounden servant.

Feb. 12, 1615.

LOR'S AMENDMENT, AND THE DIFFERENCE
BEGUN BETWEEN THE CHANCERY AND KING'S
BENCH.

IT MAY PLEASE YOUR MOST excellent Majesty,
I do find (God be thanked) a sensible amend-
ment in my lord chancellor; I was with him yes-
terday in private conference, about half an hour,
and this day again, at such times as he did seal,
which he endured well almost the space of an
hour, though the vapour of the wax be offensive
to him. He is free from a fever, perfect in his
powers of memory and speech, and not hollow in
his voice nor looks. He hath no panting, nor
labouring respiration, neither are his coughs dry
or weak. But whosoever thinketh his disease to
be but melancholy, maketh no true judgment of
it, for it is plainly a formed and deep cough, with
a pectoral surcharge, so that, at times, he doth
almost "animam agere." I forbear to advertise
your majesty of the care I took to have commis-
sioners in readiness, because Master Secretary
Lake hath let me understand he signified as much
to your majesty. But I hope there shall be no
use of them for this time.

And, as I am glad to advertise your majesty of the amendment of your chancellor's person, so I am sorry to accompany it with an advertisement of the sickness of your Chancery Court; though, by the grace of God, that cure will be much easier than the other. It is true, I did lately write to your majesty, that for the matter of "habeas corpora," (which was the third matter in law you had given me in charge,) I did think the communion of service between my lord chancellor, and my lord chief justice, in the great business of examination, would so join them, as they would not square at this time. But pardon me, I humbly pray your majesty, if I have too rea

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
"separa 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.

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 chancellor'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
God and towards the world.
And the same
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 the king's courts, in any other courts. Upon these doubtful words (other courts) the controversy groweth; for the sounder interpretation 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 practice 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 Chancery, Exchequer Chamber, Duchy, etc., though this also flieth indeed from the letter; for that all these are the king's courts.

There is also another statute, which is 4 H. 4. 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 form of reversal. And of this also, I hold the sounder interpretation to be, to settle possessions against disturbances, and not to take away remedy in equity, where those judgments are obtained "ex rigore juris," and against good conscience.

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 within Middlesex, where the said court is; and the manner is to enumerate them, as it were in articles. This was done by Justice Crooke, the Wednesday before the term ended: and that article, if any man after a judgment given had drawn the said judgment to a new examination in any other court," was by him especially given in charge, which had not used to be given in charge before. It is true, it was not solemnly dwelt upon, but, as it were, thrown in amongst the rest. The last day of the term (and that which all men condemn, 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 Tyndal, 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.

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 habituated 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. On 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 accommodate 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 B