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both of the stroke and hand that striketh ; learn of in all that is good; and that for his glory, the David to leave Shimei, and call upon God: he hath bettering of yourself, this church and commonsome great work to do, and he prepareth you for wealth; whose faithful servant whilst you remain, it; he would neither have you faint, nor yet bear

I remain a faithful servant to you, this cross with a stoical resolution : there is a christian mediocrity worthy of your greatness. I

FR. BACON. must be plain, perhaps rash; had some notes which you had taken at sermons been written in your heart to practise, this work had been done long ago CXLIII. TO SIR GEORGE VILLIERS. * without the envy of your enemies; but when we will not mind ourselves, God, if we belong to him,

Sir, takes us in hand; and because he seeth that we The time is, as I should think, now or never, for have unbridled stomachs, therefore he sends outward his Majesty to finish his good meaning towards me ; crosses, which while they cause us to mourn, do if it please him to consider, what is past and what comfort us, being assured testimonies of his love is to come. that sends them. To humble ourselves therefore

If I would tender my profit, and oblige men into before God is the part of a christian ; but for the me by my place and practice, I could have more profit world and our enemies the counsel of the poet is apt, than I could devise; and could oblige all the world,

and offend none; which is a brave condition for a “ Tu ne cede malis, sed contra audentior ito."

Æneid. vi. 95.

man's private. But my heart is not on these things.

Yet on the other side I would be sorry that worthThe last part of this counsel you forget, yet none less persons should make a note that I get nothing need be ashamed to make use of it, that so being but pains and enemies; and a little popular reputaarmed against casualties, you may stand firm against tion, which followeth me whether I will or no. If the assaults on the right hand, and on the left.

any thing be to be done for yourself, I should take For this is certain, the mind that is most prone infinite contentment, that my honour might wait upon to be puffed up with prosperity, is most weak and yours; but I would be loth it should wait upon any apt to be dejected with the least puff of adversity. | man's else. If you would put your strength to this Indeed she is strong enough to make an able man business, it is done; and that done many things stagger, striking terrible blows : but true christian

more will begin. God keep you ever.

I rest, wisdom gives us armour of proof against all assaults, and teacheth us in all estates to be content:

Your true and devoted serrant, for though she cause our truest friends to declare

FR. BACON. themselves our enemies; though she give heart May 30, 1616. then to the most cowardly to strike us ; though an hour's continuance countervails an age of prosperity : though she cast in our dish all that ever we have done; yet hath she no power to hurt the humble CXLIV. TO THE KING, ABOUT THE COMand wise, but only to break such as too much pros

MENDAMS.T. perity hath made stiff in their own thoughts, but

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, weak indeed; and fitted for renewing: when the wise rather gather from thence profit and wisdom ; I am not swift to deliver any thing to your Maby the example of David, who said, “ Before I was jesty before it be well weighed. But now that I chastised I went astray.” Now then he that know- have informed myself of as much as is necessary eth the right way, will look better to his footing. touching this proceeding of the judges to the arguCardan saith, that weeping, fasting, and sighing, ment of the Commendams, notwithstanding your are the chief purges of grief; indeed naturally they Majesty's pleasure signified by me, upon your Mado assuage sorrow : but God in this case is the only jesty's commandment in presence of my lord chanand best physician; the means he hath ordained cellor and the bishop of Winchester, to the contrary, are the advice of friends, the amendment of our- I do think it fit to advertise your Majesty what hath selves; for amendment is both physician and cure. passed; the rather, because I suppose the judges, For friends, although your lordship be scant, yet I since they performed not your commandment, have hope you are not altogether destitute; if you be, at least given your Majesty their reasons of failing do but look upon good books: they are true friends, therein ; I being to answer for the doing your Mathat will neither flatter nor dissemble : be you but jesty's commandment, and they for the not doing. true to yourself, applying that which they teach I did conceive, that in a cause that concerned your unto the party grieved, and you shall need no other Majesty and your royal power, the judges having comfort nor counsel. To them and to God's holy heard your attorney-general argue the Saturday beSpirit, directing you in the reading of them, I com- fore, would of themselves have taken farther time mend your lordship; beseeching him to send you to be advised. a good issue out of these troubles, and from hence- And, if I fail not in memory, my lord Coke reforth to work a reformation in all that is amiss, ceived from your Majesty's self, as I take it, a preand a resolute perseverance, proceeding, and growth cedent commandment in Hilary term, that both in Rawley's Resuscitatio.

+ Stephens's First Collection, p. 137.

the rege inconsulto, and in the Commendams, your These things were a little strange if there came attorney should be heard to speak, and then stay to not so many of them together, as the one maketh be made of farther proceedings, till my lord had the other seem less strange : but your Majesty hath spoken with your Majesty.

fair occasions to remedy all with small aid ; I say Nevertheless, hearing that the day appointed for no more for the present. the judges' argument held, contrary to my expect- I was a little plain with my lord Coke in these ation, I sent on Thursday in the evening, having matters; and when his answer was, that he knew received your Majesty's commandment but the day all these things, I said he could never profit too before in the afternoon, a letter to my lord Coke ; much in knowing himself and his duty. God ever whereby I let him know, that upon some report of preserve your Majesty. my lord of Winchester, who by your commandment was present at my argument of that which passed, it was your Majesty's express pleasure, that no farther proceedings should be, until you had conferred CXLV. A MEMORIAL FOR HIS MAJESTY, with your judges : which your Majesty thought to CORRECTED WITH SIR FR. BACON'S OWN have done at your being now last in town; but by HAND. 1616.1 reason of your many and weighty occasions, your princely times would not serve; and that it was It seemeth this year of the fourteenth of his Mapour pleasure he should signify so much to the jesty's reign, being a year of a kind of majority in rest of the judges, whereof his lordship might not his government, is consecrated to justice:$ which fail. His answer by word to my man was, that it as his Majesty hath performed to his subjects were good the rest of the judges understood so much in this late memorable occasion, so he is now to from myself: whereupon 1, that cannot skill of render and perform to himself, his crown, and posscruples in matter of service, did write on Friday terity. three several letters of like content to the judges of That his council shall perceive by that which his the common pleas, and the barons of the exchequer, Majesty shall now communicate with them, that the and the other three judges of the king's bench, mass of his business is continually prepared in his mentioning in that last my particular letter to my own royal care and cogitations, howsoever he prolord chief justice.

duceth the same to light, and to act “per opera This was all I did, and thought all had been dierum." || sure ; in so much as the same day being appointed That his Majesty shall make unto them now a in chancery for your Majesty's great cause, followed declarative of two great causes, whereof he doubteth by lord Hunsden,. I writ two other letters to both not they have heard by glimpses; the one concernthe chief justices, to put them in mind of assisting ing his high court of chancery, the other concerning my lord chancellor at the hearing. And when my the church and prelacy; but both of them deeply lord chancellor himself took some notice upon that touching his prerogative and sovereignty, and the occasion openly in the chancery, that the Commen- flowers of his crown. dams could not hold presently after, I heard the That about the end of Hilary term last, there judges were gone about the Commendams; which I came to his Majesty's ears, only by common voice thought at first had been only to adjourn the court, and report, not without great rumour and wonder, but I heard after that they proceeded to argument. that there was somewhat done in the king's bench

In this their doing, I conceive they must either the last day of that term, whereby his chancery except to the nature of the commandment, or to the should be pulled down, and be brought in question eredence thereof; both which, I assure myself, your for præmunire ; being the most heinous offence after Majesty will maintain.

treason, and felony, and misprision of treason : and For if they should stand upon the general ground, that the time should be when the chancellor lay at “ Nulli negabimus, nulli differemus justitiam," + it the point of death. receiveth two answers. The one, that reasonable That his Majesty was so far from hearing of this and mature advice may not be confounded with de- by any complaint from his chancellor, who then had lay; and that they can well allege when it pleaseth given over worldly thoughts, that he wrote letters them. The other is, that there is a great difference of comfort to him upon this accident, before he heard between a case merely between subject and subject, from him; and for his attorney, his Majesty chaland where the king's interest is in question directly lenged him for not advertising him of that, of which or by consequence. As for the attorney's place and it was proper for his Majesty to be informed from him. commission, it is as proper for him to signify the That his Majesty being sensible of this so great king's pleasure to the judges, as for the secretary to novelty and perturbation in his courts of justice, signify the same to the privy-council; and so it nevertheless used this method and moderation, that bath ever been.

before he would examine this great affront and dis• This case is reported by my lord Hobart, p. 109. by law, and choose a new one: and the woman at that age # Mag. Chart.

shall be out of ward. Stephens. Stephens's First Collection, p. 140. By the laws, ses eral ages are assigned to persons for

.11.“ Per opera dierum,”'alluding to the gradations Almighty

God was pleased to observe in the creating of the world." In keseral purposes; and by the common law the fourteenth year this paragraph Sir Francis Bacon insinuates, what he exis a kind of majority, and accounted an age of discretion. At pressly declares Essay xlvii. p. 300, that in all negotiations of that time a man may agree or disagree to a precedent mar. difficulty a man must first prepare business, and so ripen it rage: the heir in socage may reject the guardian appointed | by degrees. Stephens.

grace offered to his chancery and chancellor, he to have the certificate of the learned counsel openly would first inform himself whether the chancery or read. chancellor were in fault; and whether the former His Majesty may, if he please, forbear to publish precedents of chancery did warrant the proceedings at this time at the table the committees; but sig. there after judgment passed at common law, which nify his pleasure to themselves afterwards. was the thing in question, and thereupon his Ma- The committees named by his Majesty, were the jesty called his learned counsel to him, and com- archbishop of Canterbury, secretary Lake, the chanmanded them to examine the precedents of chancery, cellor of the exchequer, and the master of the rolls. and to certify what they found : which they did ; This report is to be prefixed, to be given in by and by their certificate it appeareth, that the pre-Wednesday at night, that his Majesty may commucedents of that kind were many and precise in the nicate it with his council, and take farther order on point, and constant, and in good times, and allowed Thursday thereupon, if his Majesty be so pleased. many times by the judges themselves.

At this declaration, it is his Majesty's direction, to That after this his Majesty received from the lord the end things may appear to be the more evenly chancellor a case, whereby the question was clearly carried, that neither my lord chancellor nor my lord set down and contained within the proper bounds of chief justice be present. the present doubt; being, Whether upon apparent But then when his Majesty entereth into the matter of equity, which the judges of the law by second declarative, my lord chancellor is to be called their place and oath cannot meddle with or relieve, for ; but my lord chief justice not; because it conif a judgment be once passed at common law, the cerneth him. subject shall perish, or that the chancery shall re- For the second declarative: that his Majesty hath lieve him; and whether there be any statute of pre- reason to be offended and grieved, in that which munire or other, to restrain this power in the chan- passed touching the Commendams, both in matter cellor ; which case, upon the request of the lord and manner : for the matter, that his Majesty's rechancellor, his Majesty likewise referred to his ligious care of the church and of the prelacy, and learned counsel, and the prince's attorney Mr. Walter namely, of his lords spiritual the bishops, may well was joined with them, who, upon great advice and appear, first, in that he hath utterly expelled those view of the original records themselves, certified sectaries or inconformable persons that spurned at the chancery was not restrained by any statute in the government; secondly, that by a statute made that case.

in the first year of his reign, he hath preserved their That his Majesty again required his learned livings from being wasted and dilapidated by long counsel to call the clerks of the king's bench to leases, and therein bound himself and his crown them, and to receive from them any precedents of and succession ; and lastly, that they see two bishops indiciments in the king's bench against the chancery privy counsellors at the table, which hath not been for proceeding in the like case ; who produced only of late years. two precedents, being but indictments offered or That agreeably to this his Majesty's care and found, upon which there was no other proceeding ; good affection, hearing that there was a case of the and the clerks said, they had used diligence and bishop of Lincoln's, wherein his Majesty's supreme could find no more.

power of granting Commendams, which in respect That his Majesty, after he had received this of the exility of bishoprics is sometimes necessary, satisfaction that there was ground for that the chan- was questioned to be overthrown or weakened ; he cery had done, and that the chancery was not in commanded his attorney-general, not only to have fault, he thought then it was time to question the care to maintain it according to his place, but also misdemeanor and contempt in scandalizing and that he should relate to his Majesty how things dishonouring his justice in that high court of chan- passed; and did also command the bishop of Wincery in so odious a manner; and commanded his chester to be present at the public argument of the attorney-general, with the advice of the rest of his case ; and to report to his Majesty the true state of learned counsel, to prosecute the offenders in the that question, and how far it extended. star-chamber, which is done ; and some of them are This being accordingly done; then upon report fled, and others stand out and will not answer. of the bishop of Winchester in presence of the lord

That there resteth only one part more towards his chancellor, his Majesty thought it necessary, that Majesty's complete information in this cause : which before the judges proceeded to declare their opinion is to examine that which was done in open court they should have conference with his Majesty, to the said last day of Hilary term, and whether the the end to settle some course, that justice might be judges of the king's bench did commit any excess done, and his regal power, whereof his crown had of authority; or did animate the offenders otherwise been so long vested, not touched nor diminished : than according to their duty and place ; which in and thereupon commanded his attorney, who by his quiry, because it concerneth the judges of a court to place ought properly to signify his Majesty's pleakeep order and decorum, his Majesty thinketh not sure to his judges, as his secretary doth to his privy so convenient to use his learned counsel therein, but council, in the presence of the lord chancellor and will commit the same to some of the council-table, the bishop, to signify his pleasure to the judges, and his learned counsel to attend them.

that because his Majesty thought it needful to conThis declared, or what else his Majesty in his own sult with them in that case before they proceeded to high wisdom shall think good; it will be fit time I judgment; and that his Majesty's business, as they all knew, was very great, and Midsummer term so the man my heart ever told me you were. Ambition near at hand, and the cause argued by his attorney would draw me to the latter part of the choice; but so lately, they should put off the day till they might in respect of my hearty wishes, that my lord chanadvise with his Majesty at his next coming to town. cellor may live long; and the small hopes I have, That his Majesty's attorney signified so much by that I shall live long myself; and, above all, behis letters, the next day after he had received his cause I see his Majesty's service daily and instantly commandment, to all the judges, and that in no im- bleedeth ; towards which, I persuade myself, vainly perious manner, but alleging the circumstances perhaps, but yet in mine own thoughts firmly and aforesaid, that the case was lately argued, his Ma- constantly, that I shall give, when I am of the table, jesty's business great, another term at hand, &c. some effectual fartherance, as a poor thread of the

Now followeth the manner that was held in this, | labyrinth, which hath no other virtue, but an united which his Majesty conceiveth was not only indis- continuance, without interruption or distraction, I do creet, but presumptuous and contemptuous.

accept of the former, to be counsellor for the preFor first, they disobeyed this his Majesty's com- sent, and to give over pleading at bar ; let the other mandment, and proceeded to public argument not- matter rest upon my proof, and his Majesty's pleawithstanding the same; and thought it enough to sure, and the accidents of time. For, to speak certify only their mind to his Majesty.

plainly, I would be loth that my lord chancellor, to Secondly, in a general letter under all their hands, whom I owe most after the king and yourself, should howsoever it may be upon divided opinion, they al- be locked to his successor, for any advancement or lege unto his Majesty their oath; and that his Ma- gracing of me. So I ever remain jesty's commandment, for the attorney's letter was Your true and most devoted and most obliged but the case that it was wrapped in, was against

seryant, law; as if maturity and a deliberate proceeding were

June 3, 1616.

FR. BACON. a delay, or that commandment of stay in respect of so high a question of state and prerogative, were like a commandment gotten by importunity, or in favour of a suitor.

CXLVII. TO SIR GEORGE VILLIERS + Thirdly, above all, it is to be noted and justly doubted, that upon the contrary, in this that they

Sir, have done, they have broken their oath; for their I send his Majesty a draught of the act of councath is to counsel the king when they shall be called; cil concerning the judges' letter, penned as near as and if when the king calleth them to counsel, they I could to his Majesty's instructions received in will do the deed first, and give him counsel after, your presence. I then told his Majesty my memory this is more than a simple refusal.

was not able to keep way with his; and thereLastly, it is no new thing upon divers particular fore his Majesty will pardon me for any omissions occasions, of a far higher nature than the consulting or errors, and be pleased to supply and reform the with their sovereign about a cause of great moment, same. I am preparing some other materials for his to put off days, and yet no breach of oath. And Majesty's excellent hand, concerning business that there was another fair passage well known to my is coming on: for since his Majesty hath renewed lord Coke, that he might have used if it had pleased my heart within me, methinks I should double my him; for that very day was appointed for the king's endeavours. God ever preserve and prosper you. great cause in the chancery, both for my lord Ho- I rest bart and him; which cause ought to have had pre

Your most devoted and bounden servant, cedence afore any private cause, as they would have

FR. BACON. this seem to be.

June 12, 1616. To this letter his Majesty made a most princely and prudent answer, which I leave to itself.

['pon this declaration his Majesty will be pleased to have the judges' letter and his own letter read. CXLVIII. TOUCHING THE COMMENDAMS. Then his Majesty, for his part as I conceive, will

At Whitehall the sixth of June, Anno 1616.9 be pleased to ask the advice of his council as well

Present the KING'S MAJESTY. for the stay of the new day, which is Saturday next, as for the censure and reproof of the contempt Lord Archbishop of Cant. Lord Wotton. passed: for though the judges are a reverend body, Lord Chancellor. Lord Stanhope. yet they are, as all subjects are, corrigible.

Lord Treasurer.

Lord Fenton.
Lord Privy-Seal.

Mr. Vice-Chamberlain.
Lord Chamberlain, Mr. Secretary Lake.
Duke of Lenox.

Mr. Secretary Winwood. CXLVI. TO SIR GEORGE VILLIERS. *

Lord Zouche.

Mr. Chancellor of the Sir,

Bishop of Winton.

Exchequer. Tae king giveth me a noble choice; and you are

2
Lord Knollys.

Master of the Rolls. Rawley's Resuscitatio.

which, being written in a fair manner, I accidentally bought, Stephens's First Collection, p. 149.

and have corrected several errors therein. If any remain, as it is very clear, that this is the act of council referred to I believe the reader will think there doth; it is because I had in the preceding letter, and drawn up by Sir

Francis Bacon : no opportunity to peruse the council-books. Stephens.

it Ibid.

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MY LORD,

His Majesty having this day given order for | Majesty ; and this letter of his Majesty's attorney meeting of the council, and that all the judges, being was, by his Majesty's commandment, openly read as twelve in number, should be sent for to be present; followeth, in hæc verba. when the lords were sat, and the judges ready attending, his Majesty came himself in person to council, and opened to them the cause of that as- It is the king's express pleasure, that because sembly; which was: That he had called them his Majesty's time would not serve to have confertogether concerning a question that had relation to ence with your lordship and his judges, touching no private person, but concerned God and the king, the cause of Commendams, at his last being in the power of his crown, and the state of this church town; in regard of his Majesty's other most weighty whereof he was protector ; and that there was no occasions; and for that his Majesty holdeth it necesfitter place to handle it than at the head of his sary, upon the report which my lord of Winchester, council-table : that there had been a question who was present at the last arguments by his pleaded and argued concerning Commendams; the Majesty's royal commandment, made to his Majesty, proceedings wherein had either been mis-reported that his Majesty be first consulted with, ere there be or mis-handled; for his Majesty for a year since had any farther proceedings by arguments by any of the received advertisements concerning the cause in two judges, or otherwise; therefore that the day apentrances, by some that intrenched upon his prero- pointed for the farther proceedings by arguments of gative royal in the general power of granting Com- the judges in that case, be put off till his Majesty's mendams; and by others, that the doubt rested only farther pleasure be known, upon consulting with upon a special nature of a Commendam, such as in him; and to that end, that your lordship forth with respect of the incongruity and exorbitant form signify his commandment to the rest of the judges: thereof might be questioned, without impeaching or whereof your lordship may not fail: and so I leave weakening the general power of all.

your lordship to God's goodness." Whereupon his Majesty, willing to know the true

Your loving friend to command, state thereof, commanded the lord bishop of Winchester* and Mr. Secretary Winwood to be present

FR. BACON. at the next argument, and to report the state of the

This Thursday afternoon, question and proceeding to his Majesty. But Mr. April 25, 1616. Secretary Winwood being absent by occasion, the lord of Winchester only was present, and made

That upon this letter received, the lord chief jusinformation to his Majesty of the particulars thereof,

tice returned word to his Majesty's said attorney by which his Majesty commanded him to report to the

his servant; that it was fit the rest of his brethren board. Whereupon the lord of Winchester stood up should understand his Majesty's pleasure immediand said, that serjeant Chiborne, who argued the

ately by letters from the said attorney to the judges cause against the Commendams, had maintained of the several benches; and accordingly it was divers positions and assertions very prejudicial to done ; whereupon all the said judges assembled, and his Majesty's prerogative royal; as first, that the

by their letter under their hands certified his Matranslation of bishops was against the canon law, jesty, that they held those letters, importing the and for authority vouched the canons of the council signification aforesaid, to be contrary to law, and of Sardis ; that the king had not power to grant such as they could not yield to the same by their Commendams, but in case of necessity; that there

oath; and that thereupon they had proceeded at the could be no necessity, because there could be no

day, and did now certify his Majesty thereof : which need for augmentation of living, for no man was

letter of the judges his Majesty also commanded to bound to keep hospitality above his means ; besides be openly read, the tenor whereof followeth in hæc many other parts of his argument tending to the

verba. overthrow of his Majesty's prerogative in case of Commendams.

Most DREAD AND MOST GRACIOUS SOVEREIGN, The lord of Winchester having made his report, It may please your most excellent Majesty to his Majesty resumed his former narrative, letting the be advertised, that this letter here enclosed was delords know, that after the lord of Winton had made livered unto me your chief justice on Thursday last unto his Majesty a report of that which passed at in the afternoon, by a servant of your Majesty's the argument of the cause, like in substance unto attorney-general; and letters of the like effect were that which now had been made ; his Majesty appre- on the day following sent from him by his servant hending the matter to be of so high a nature, com- to us your Majesty's justices of every of the courts at manded his attorney-general to signify his Majesty's Westminster. We are and ever will be ready with pleasure unto the lord chief justice ; That in regard all faithful and true hearts, according to our bounden of his Majesty's most weighty occasions, and for duties, to serve and obey your Majesty, and think that his Majesty held it necessary upon the lord of ourselves most happy to spend our times and abiliWinton's report, that his Majesty be first consulted ties to do your Majesty true and faithful service in with, before the judges proceed to argue it; there- this present case mentioned in this letter. What fore the day appointed for the judges' argument information hath been made unto you, whereupon should be put off till they might speak with his Mr. Attorney doth ground his letter, from the report * Dr. Bilson, who died June 18, 1616.

of the bishop of Winton, we know not: this we

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