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know, that the true substance of the cause sum- and well-beloved, we greet you well. We perceive marily is thus ; it consisteth principally upon the by your letter, that you conceive the commandment construction of two acts of parliament, the one of given you by our attorney-general in our name to the twenty-fifth year of K. Edw. III. and the other have proceeded upon wrong information : but if you of the twenty.fifth year of K. Hen. VIII. whereof list to remember what princely care we have ever your Majesty's judges upon their oaths, and accord had, since our coming to this crown, to see justice ing to their best knowledge and learning, are bound duly administered to our subjects, with all possible to deliver their true understanding faithfully and expedition; and how far we have ever been from uprightly; and the case between two for private urging the delay thereof in any sort, you may safely interest and inheritance earnestly called on for jus. persuade yourselves that it was no small reason tice and expedition. We hold it our duty to inform that moved us to send you that direction. You Tour Majesty, that our oath is in these express might very well have spared your labour in informkords: That in case any letters come unto us con- ing us of the nature of your oath; for although we trary to law, that we do nothing by such letters, never studied the common law of England, yet are bat certify your Majesty thereof, and go forth to do we not ignorant of any points which belong to a the law, notwithstanding the same letters. We have king to know: we are therefore to inform you advisedly considered of the said letter of Mr. Attor- hereby, that we are far from crossing or delaying any ney, and with one consent do hold the same to be thing which may belong to the interest of any pricontrary to law, and such as we could not yield to vate party in this case ; but we cannot be contented the same by our oath, assuredly persuading ourselves to suffer the prerogative royal of our crown to be that your Majesty being truly informed, that it wounded through the sides of a private person : we standeth not with your royal and just pleasure to have no care at all which of the parties shall win give way to them: and knowing your Majesty's this process in this case, so that right prevail, and zeal to justice to be most renowned, therefore we that justice be truly administered. But on the liare, according to our oaths and duties, at the very other side, we have reason to foresee that nothing be das prefixed the last term, proceeded, and thereof done in this case which may wound our prerogative certified your Majesty ; and shall ever pray to the in general; and therefore so that we may be sure Almighty for your Majesty in all honour, health and that nothing shall be debated amongst you which happiness long to reign over us."

may concern our general power of giving CommenEDW. COKE,

dams, we desire not the parties to have one hour's ED. BROMLEY,

delay of justice: but that our prerogative should not HENRY HOBART, JOHN CROKE,

be wounded in that regard for all times hereafter, LAUR. TANFIELD, HUMPHRY WINCHE,

upon pretext of private persons' interest, we sent you PET. WARBERTON, JOHN DODDERIDGE,

that direction ; which we account as well to be GEORGE SNIGGE, AUGUSTIN NICHOLLS, wounded if it be publicly disputed upon, as if any sen

JA. ALTHAM, Serjeant's-Inn,

tence were given against it: we are therefore to ad25th April, 1616.

monish you, that since the prerogative of our crown

hath been more boldly dealt withal in WestminsterHis Majesty having considered of this letter, by Hall, during the time of our reign, than ever it was his princely letters returned answer, reporting him before, in the reigns of divers princes immediately self to their own knowledge and experience, what preceding us, that we will no longer endure that princely care he hath ever had since his coming to popular and unlawful liberty; and therefore we the crown, to have justice duly administered to his were justly moved to send you that direction to forsubjects, with all possible expedition, and how far bear to meddle in a cause of so tender a nature, till he was from crossing or delaying of justice, when we had farther thought upon it.

We have cause the interest of any private person was questioned: indeed to rejoice of your zeal for your speedy exebut on the other side expressing himself, that where cution of justice; but we would be glad that all our the case concerned the high powers and prerogatives subjects might so find the fruits thereof

, as that no of the crown, he would not endure to have them pleas before you were of older date than this is. Xoanded through the sides of a private person; ad- But as to your argument, which you found upon monishing them also, lastly, of a custom lately enter your oath, you give our predecessors, who first tained, of a greater boldness to dispute the high founded the oath, a very charitable meaning, in perpoints of his Majesty's prerogative in a popular and verting their intention and zeal to justice, to make a urlawful liberty of argument more than in former weapon of it to use against their successors; for times; and making them perceive also how weak although your oath be, that you shall not delay jusand impertinent the pretence of allegation of their tice between any private persons or parties, yet was oath was in a case of this nature, and how well it it not meant that the king should thereby receive might have been spared; with many other weighty harm, before he be forewarned thereof; neither points in the said letter contained : which letter also can you deny, but that every term you will, out of by his Majesty's appointment and commandment your own discretions, for reasons known unto you, was publicly ready in hæc rerba.

put off either the hearing or determining of any

ordinary cause betwixt private persons till the next JAMES Rex.

term following. Our pleasure therefore is, who are “ Trusty and well-beloved counsellors, and trusty the head and fountain of justice under God in our

ROBERT HOUGHTON.

a

dominions, and we out of our absolute power and necessary cause, is no denying or delaying of justice, authority royal do command you, that you forbear but wisdom and maturity of proceeding; and that to meddle any farther in this plea till our coming to there cannot be a more just and necessary cause of town, and that out of our own mouth you hear our stay, than the consulting with the king, where the pleasure in this business; which we do out of the cause concerns the crown; and that the judges did care we have, that our prerogative may not receive daily put off causes upon lighter occasions; and an unwitting and indirect blow, and not to hinder likewise his Majesty did desire to know of the justice to be administered to any private parties, judges, how his calling them to consult with him was which no importunities shall persuade us to move contrary to law, which they could never answer unto. you in. Like as, only for the avoiding of the un- Secondly, That it was no bare supposition or reasonable importunity of suitors in their own par- surmise, that this cause concerned the king's preticular, that oath was by our predecessors ordained rogative ; for that it had been directly and plainly to be ministered unto you: so we wish you heartily disputed at the bar; and the very disputing thereof well to fare.

in a public audience is both dangerous and disPostscript. You shall upon the receipt of this honourable to his Majesty. letter call our attorney-general unto you, who will Thirdly, That the manner of the putting off that inform you of the particular points which we are which the king required, was not infinite nor long unwilling to be disputed of in this case.”

time, but grounded upon his Majesty's weighty

occasions, which were notorious: by reason whereof This letter being read, his Majesty resolved to he could not speak with the judges before the argutake into his consideration the parts of the judges' ment; and that there was a certain expectation of letter and other their proceedings in that cause, and his Majesty's return at Whitsuntide: and likewise the errors therein contained and committed; which that the cause had been so lately handled and errors his Majesty did set forth to be both in mat- argued, and would not receive judgment by the ter and manner: in matter, as well by omission as Easter term next, as the judges themselves aftercommission ; for omission, that it was a fault in the wards confessed. judges, that when they heard a counsellor at the And afterwards, because there was another just bar presume to argue against his Majesty's prero- cause of absence for the two chief justices, for that gative, which in this case was in effect his supre. they ought to have assisted the lord chancellor the macy, they did not interrupt and reprove sharply same day in a great cause of the king's followed by that base and bold course of defaming or impeach- the lord Hunsdon against the lord William Howard in ing things of so high a nature by discourse ; espe-chancery; which cause of the king's especially becially since his Majesty hath observed, that ever ing so worthy, ought to have had precedency before since his coming to the crown, the popular sort of any cause betwixt party and party. Also whereas lawyers have been the men, that most affrontedly it was contained in the judges' letter that the cause in all parliaments have trodden upon his prerogative: of Commendams was but a cause of private interest which being most contrary to their vocation of any between party and party, his Majesty showed plainly men, since the law or lawyers can never be respected the contrary; not only by the argument of serjeant if the king be not reverenced; it doth therefore best Chiborne, which was before his commandment, but become the judges of any, to check and bridle such by the argument of the judges themselves, namely, impudent lawyers, and in their several benches to justice Nicholls, which was after; but especially since disgrace them that bear so little respect to their one of the parties is a bishop who pleaded for the Comking's authority and prerogative : that his Majesty mendams by the virtue of his Majesty's prerogative, had a double prerogative, whereof the one was or- Also whereas it was contained in the judges' letter, dinary and had relation to his private interest, which that the parties called upon them earnestly for jusmight be, and was every day, disputed in Westmin- tice, his Majesty conceived it to be but pretence ; ster-Hall; the other was of a higher nature, refer- urging them to prove that there was any solicitation ring to his supreme and imperial power and sove-by the parties for expedition, otherwise than in an reignty, which ought not to be disputed or handled ordinary course of attendance; which they could in vulgar argument; but that of late the courts of not prove. the common law are grown so vast and transcend. As for the form of the letter, his Majesty noted, ent, as they did both meddle with the king's pre- that it was a new thing, and very indecent and unrogative, and had encroached upon all other courts of fit for subjects to disobey the king's commandment, justice ; as the high commission, the councils estab- but most of all to proceed in the mean time, and to lished in Wales and at York, the court of requests. return to him a bare certificate; whereas they ought

Concerning that which might be termed com- to have concluded with the laying down and repremission, his Majesty took exception at the judges' senting of their reasons modestly to his Majesty, letter both in matter and form : for matter, his why they should proceed; and so to have submitted Majesty plainly demonstrated, that whereas it was the same to his princely judgment, expecting to hear contained in the judges' letter that the significa- from him whether they had given him satisfaction. tion of his Majesty's letter as aforesaid was con- After this his Majesty's declaration, all the judges trary to law, and not agreeable to the oath of a fell down upon their knees, and acknowledged their judge ; that could not be : first, for that the putting error for matter and form, humbly craving his Maoff any hearing or proceeding upon any just or jesty's gracious favour and pardon for the same.

:

But for the matter of the letter, the lord chief by the proceedings, than they would have been by justice of the king's bench entered into a defence their stay; for that it is part of their oath to counsel thereof; the effect whereof was, that the stay re- his Majesty when they are called ; and if they will quired by his Majesty was a delay of justice, and proceed first in a business whereupon they are called therefore contrary to law and the judges' oath ; and to counsel, and will counsel him when the matter is that the judges knew well amongst themselves, that past, it is more than a simple refusal to give him the case, as they meant to handle it, did not concern counsel; and so concluded his speech, and the rest his Majesty's prerogative of granting of Commen of the learned counsel consented to his opinion. dams : and that if the day had not held by the not Whereupon the lord chief justice of the king's coming of the judges, the suit had been discontinued, bench, answering nothing to the matter, took exwhich had been a failing of justice, and that they ception that the king's counsel learned should plead could not adjourn it, because Mr. Attorney's letter or dispute with the judges ; for he said they were mentioned no day certain, and that an adjournment to plead before judges, and not to dispute with them. must always be to a day certain.

Whereunto the king's attorney replied, that he found Cnto which answer of the chief justice his Ma- that exception strange ; for that the king's learned jesty did reply; that for the last conceit, it was mere counsel were by oath and office, and much more sophistry, for that they might in their discretions where they had the king's express commandment, have prefixed a convenient day, such as there might without fear of any man's face, to proceed or declare have been time for them to consult with his Majesty against any the greatest peer or subject of the before, and that his Majesty left that point of form kingdom; and not only any subject in particular, to themselves.

but any body of subjects or persons, were they And for that other point, that they should take judges, or were they of an upper or lower house of upon them peremptorily to discern whether the plea parliament, in case they exceed the limits of their concerned the king's prerogative, without consulting authority, or took any thing from his Majesty's with his Majesty first, and informing his princely royal power or prerogative; and so concluded, that judgment, was a thing preposterous ; for that they this challenge, and that in his Majesty's presence, ought first to have made that appear to his Ma- was a wrong to their places, for which he and his jesty, and so to have given him assurance thereof fellows did appeal to his Majesty for reparation. upon consulting with him.

And thereupon his Majesty did affirm, that it was And for the matter, that it should be against the their duty so to do, and that he would maintain them law and against their oath, his Majesty said he had therein, and took occasion afterward again to speak spoken enough before ; unto which the lord chief of it ; for when the lord chief justice said, he would justice in effect had made no answer, but only in not dispute with his Majesty, the king replied, That sisted upon the former opinion; and therefore the the judges would not dispute with him, nor his king required the lord chancellor to deliver his learned counsel might not dispute with them : so opinion upon that point, Whether the stay that had whether they did well or ill, it must not be disbeen required by his Majesty were contrary to law, puted. or against the judges' oath?

After this the lord chancellor declared his mind The chancellor stood up and moved his Majesty, plainly and clearly, that the stay that had been by that because this question had relation to matter of his Majesty required, was not against the law, nor law, his Majesty would be informed by his learned a breach of the judges' oath, and required that the counsel first, and they first to deliver their opinions, judges' oath itself might be read out of the statute, which his Majesty commanded them to do.

which was done by the king's solicitor, and all the Whereupon his Majesty's attorney-general gave words thereof weighed and considered. his opinion, that the putting off of the day in manner Thereupon his Majesty and the lords thought as was required by his Majesty, to his understand good to ask the judges severally their opinions; the ing was without all scruple no delay of justice, nor question being put in this manner; Whether, if at danger of the judges' oath ; insisting upon some of any time, in a case depending before the judges, his the reasons which his Majesty had formerly opened, Majesty conceived it to concern him either in power and adding, that the letter that he had formerly or profit, and thereupon required to consult with written by his Majesty's command was no imperious them, and that they should stay proceedings in the letter; as to say his Majesty for certain causes, or mean time, they ought not to stay accordingly ? for causes known to himself

, would have them put They all, the lord chief justice only excepted, yielded off the day: but fairly and plainly expressed the that they would, and acknowledged it to be their causes unto them; for that the king conceived upon duties so to do; only the lord chief justice of the my lord of Winton's report, that the cause con- | king's bench said for answer, that when the case cerned him: and that his Majesty would have will should be, he would do that which should be fit for ingly spoken with them before, but by reason of his a judge to do. And the lord chief justice of the important business could not; and therefore re- common pleas, who had assented with the rest, quired a stay till they might conveniently speak added, that he would ever trust the justice of his with him, which they knew could not be long. Majesty's commandment. After this was put to a And in conclusion of his speech wished the judges point, his Majesty thought fit, in respect of the to consider seriously with themselves, whether they farther day of argument, appointed the Saturwere not in greater danger of breach of their oaths day following for the Commendams, to know from

VOL. II.

G. CANT.

FRA. BACON.

his judges what he might expect from them con- had forborne to ask the voices and opinions of his cerning the same. Whereupon the lord of Canter- council before the judges, because he would not bury breaking the case into some questions, his prejudicate the freedom of the judges' opinion, Majesty did require his judges to deal plainly with concerning whether the stay of proceedings, that him, whether they meant in their argument to touch hath been by his Majesty required, could by any the general power of granting Commendams, yea or construction be thought to be within the compass of no ? Whereupon all the said judges did promise the judges' oath, which they had heard read unto and assure his Majesty, that in the argument of the them, did then put the question to his council; who said case of Commendams, they would speak nothing all with one consent did give opinion, that it was which should weaken or draw into doubt his Ma- | far from any colour or shadow of such interpretation, jesty's prerogative for granting of them; but intended and that it was against common sense to think the particularly to insist upon the points of lapse and contrary, especially since there is no mention made other judicial points of this case, which they con- in their oath of delay of justice, but only that they ceived to be of a form differing from all other Com-should not deny justice, nor be moved by any of the mendams which have been practised.

king's letters, to do any thing contrary to law or The judges also went farther, and did promise his justice. Majesty, that they would not only abstain from speak

W. KNOLLYS, ing any thing to weaken his Majesty's prerogative

THO. ELLESMERE, CANC. JOHN DIGBY, of Commendams, but would directly and in plain

TH. SUFFOLK,

RALPH WINWOOD, terms affirm the same, and correct the erroneous and

E. WORCESTER,

THO. LAKE, bold speeches which had been used at the bar in

PEMBROKE,

FULKE GREVILLE, derogation thereof.

NOTTINGHAM,

JUL. CÆSAR, Also the judges did in general acknowledge and

LENOX, 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; CXLIX. TO SIR GEORGE VILLIERS, FOR THE and all promised so to do hereafter.

RESTORING TO DR. BURGESS THE LIBER. Lastly, the two judges that were then next to

TY OF PREACHING.* argue, Mr.Justice Dodderidge and Mr. Justice Winch, opened themselves unto his Majesty thus far; that

Sir, they would insist chiefly upon the lapse, and some I do think you may do yourself honour, and, that points of uncertainty, repugnancy, and absurdity, which is more, do a good work; if you will assist being peculiar to this Commendam ; and that they and perfect a motion begun, and that upon a good would show their dislike of that which had been said ground, both of submission and conformity, for the at the bar for the weakening of the general power ; restoring of doctor Burgess to preach ; † and I wish and Mr. Justice Dodderidge said he would conclude likewise, that if Gray's-Inn should think good, after for the king, that the church was void and in his he is free from the state, to choose him for their Majesty's gift; he also said that the king might preacher, his Majesty should not be against it: for give a Commendam to a bishop, either before or certainly we should watch him well if he should fly after his consecration, and that he might give it him forth ; so as he cannot be placed in a more safe during his life, or for a certain number of years. auditory. This may seem a trifle, but I do assure

The judges having thus far submitted and declared you I do scarce know a particular, wherein you may themselves, his Majesty commanded them to keep open more honest mouths to speak honour of you, the bounds and limits of their several courts, not to than this. And I do extremely desire there may suffer his prerogative to be wounded by rash and be a full cry from all sorts of people, especially the unadvised pleading before them, or by new invention best, to speak, and to trumpet out your commendof law; for as he well knew the true and ancientations. I pray you take it to heart, and do somecommon law is the most favourable for kings of any what in it. I rest law in the world ; so he advised them to apply their

Your devoted and bounden servant, studies to that ancient and best law, and not to ex

FR. BACON. tend the power of any other of their courts beyond

June 12, 1616. 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

CL. TO SIR GEORGE VILLIERS. expediting of justice, would walk in the steps of

SIR, ancient and best kings. Whereupon he gave them leave to proceed in their argument.

There is a particular wherein I think you may When the judges were removed, his Majesty that do yourself honour, which, as I am informed, hath

Rawley's Resuscitatio, and Stephens's Second Collec- general conducted thither a gallant regiment, the largest for tion, p. 2.

number, and greatest for quality, being much composed of + Soon after this date Dr. Burgess was presented to the gentlemen, that had been seen. Stephens. parsonage of Sutton-Colfield in Warwickshire. In 1620 he at. Stephens's First Collection, p. 167. tended Sir Horace Vere into the Palatinate, when that noble

been laboured by my lady of Bedford, * and put in gooi way by the bishop of Bath and Wells,† con- CLII. TO SIR GEORGE VILLIERS. cerning the restoring to preach of a famous preacher, one doctor Burgess; who, though he hath been

Sir, silenced a great time, yet he hath now made such I THINK I cannot do better service towards the a submission touching his conformity, as giveth good estate of the kingdom of Ireland, than to prosatisfaction. It is much desired also by Gray’s-Inn, cure the king to be well served in the eminent if he shall be free from the state, to choose him for places of law and justice; I shall therefore name their preacher: and certainly it is safer to place him unto you for the attorney's place there, or for the there, than in another auditory, because he will be solicitor's place, if the new solicitor shall go up, a well watched, if he should any ways fly forth in his gentleman of mine own breeding and framing. Mr. sermons beyond duty. This may seem a trifle, but, Edward Wyrthington of Gray's-Inn; he is born to I do assure you, in opening this man's mouth to eight hundred pounds a year ; he is the eldest son preach, you shall open every man's mouth to speak of a most severe justicer, amongst the recusants of honour of you ; and I confess I would have a full | Lancashire, and a man most able for law and speech, cry of puritans, of papists, of all the world, to speak and by me trained in the king's causes.

My lord well of you; and, besides, I am persuaded, which deputy, by my description, is much in love with the is above all earthly glory, you shall do God good man. I hear my lord of Canterbury, and Sir Thoservice in it. I pray deal with his Majesty in it. mas Laque, should name one Sir John Beare, and I rest

some other mean men. This man I commend upon Your devoted and bounden servant, my credit, for the good of his Majesty's service.

FR. BACON. God ever preserve and prosper you. June 13, 1616.

Your most devoted and most bounden servant,

FR. BACON. 2 July, 1616.

I rest,

CLI. TO SIR GEORGE VILLIERS.:

a

Sir,

CLIII. TO SIR GEORGE VILLIERS, ABOUT I SEND you enclosed a warrant for my lady of Somer

IRISH AFFAIRS.|| set's pardon, reformed in that main and material point, of inserting a clause (that she was not a prin

Sir, cipal, but an accessary before the fact, by the insti- BECAUSE I am uncertain whether his Majesty will gation of base persons.] Her friends think long to put to a point some resolutions touching Ireland, have it despatched, which I marvel not at, for that now at Windsor ; I thought it my duty to attend in matter of life moments are numbered.

his Majesty by my letter, and thereby to supply my I do more and more take contentment in his Ma- absence, for the renewing of some former commisjesty's choice of Sir Oliver St. John, for his deputy sions for Ireland, and the framing a new commisof Ireland, finding, upon divers conferences with sion for the wards and the alienations, which apperhim, his great sufficiency; and I hope the good in- tain properly to me as his Majesty's attorney, and telligence, which he purposeth to hold with me by have been accordingly referred by the lords. I will advertisements from time to time, shall work a good undertake that they are prepared with a greater care, effect for his Majesty's service.

and better application to his Majesty's service in I am wonderful desirous to see that kingdom that kingdom, than heretofore they have been; and flourish, because it is the proper work and glory of therefore of that I say no more. And for the inbis Majesty and his times. And his Majesty may structions of the new deputy, they have been set be pleased to call to mind, that a good while since, down by the two secretaries, and read to the board ; when the great rent and divisions were in the par- and being things of an ordinary nature, I do not see liament of Ireland, I was no unfortunate remem- but they may pass. Lrancer to his Majesty's princely wisdom in that But there have been three propositions and counbusiness. God ever keep you and prosper you. sels which have been stirred, which seem to me of Your true and most devoted and bounden servant, very great importance ; wherein I think myself

FR. BACON. bound to deliver to his Majesty my advice and 1 July, 1616.

opinion, if they should now come in question.

My lady of Bedford, so much celebrated by Dr. Donne expense, and by the direction of its present lord the earl of and Sir William Temple, for the admirable disposition of her Nottingham. Štephens. garica at Moor Park, was sister and co-heir to the last lord † This bishop was fifth son to Sir Edward Montague, and Harrington of Exton; who dying in the entrance of the year brother to Edward the first lord Montague of Boughton, a 161 1. and the 22d of his age, revived in the nation the sense prelate of great learning and eloquence, and very munificent; it had of the loss of prince Henry, as being a young noble- and by some called king James's ecclesiastical favourite. In man of great hopes and piety. This lady disposed of much of 1616 he was translated to Winchester, and dying in two years' the estate she had from her brother : selling Burley upon the time, he was buried in the body of the abbey church at Bath, Hill in the county of Rutland to the then marquis of Buck- which with great cost and care he had preserved from the ruins ingham, where he afterwards adorned the seat with noble which time and neglect were bringing upon it. Stephens. strictares, which were destroyed in the time of our civil wars. But this place has now recovered its ancient splendour at the

I Stephens's Second Collection, p. 3.
है
Ibid. p. 1.

|| Ibid. p. 5.

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