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But for the matter of the letter, the lord chief justice of the king's bench entered into a defence thereof; the effect whereof was, that the stay required by his Majesty was a delay of justice, and therefore contrary to law and the judges' oath; and that the judges knew well amongst themselves, that the case, as they meant to handle it, did not concern his Majesty's prerogative of granting of Commendams and that if the day had not held by the not coming of the judges, the suit had been discontinued, which had been a failing of justice, and that they could not adjourn it, because Mr. Attorney's letter mentioned no day certain, and that an adjournment must always be to a day certain.

Unto which answer of the chief justice his Majesty did reply; that for the last conceit, it was mere sophistry, for that they might in their discretions have prefixed a convenient day, such as there might have been time for them to consult with his Majesty before, and that his Majesty left that point of form to themselves.

And for that other point, that they should take upon them peremptorily to discern whether the plea concerned the king's prerogative, without consulting with his Majesty first, and informing his princely judgment, was a thing preposterous; for that they ought first to have made that appear to his Majesty, and so to have given him assurance thereof upon consulting with him.

And for the matter, that it should be against the law and against their oath, his Majesty said he had spoken enough before; unto which the lord chief justice in effect had made no answer, but only insisted upon the former opinion; and therefore the king required the lord chancellor to deliver his opinion upon that point, Whether the stay that had been required by his Majesty were contrary to law, or against the judges' oath?

The chancellor stood up and moved his Majesty, that because this question had relation to matter of law, his Majesty would be informed by his learned counsel first, and they first to deliver their opinions, which his Majesty commanded them to do.

Whereupon his Majesty's attorney-general gave his opinion, that the putting off of the day in manner as was required by his Majesty, to his understanding was without all scruple no delay of justice, nor danger of the judges' oath; insisting upon some of the reasons which his Majesty had formerly opened, and adding, that the letter that he had formerly written by his Majesty's command was no imperious letter; as to say his Majesty for certain causes, or for causes known to himself, would have them put off the day but fairly and plainly expressed the causes unto them; for that the king conceived upon my lord of Winton's report, that the cause concerned him and that his Majesty would have willingly spoken with them before, but by reason of his important business could not; and therefore required a stay till they might conveniently speak with him, which they knew could not be long. And in conclusion of his speech wished the judges to consider seriously with themselves, whether they were not in greater danger of breach of their oaths

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by the proceedings, than they would have been by their stay; for that it is part of their oath to counsel his Majesty when they are called; and if they will proceed first in a business whereupon they are called to counsel, and will counsel him when the matter is past, it is more than a simple refusal to give him counsel; and so concluded his speech, and the rest of the learned counsel consented to his opinion.

Whereupon the lord chief justice of the king's bench, answering nothing to the matter, took exception that the king's counsel learned should plead or dispute with the judges; for he said they were to plead before judges, and not to dispute with them. Whereunto the king's attorney replied, that he found that exception strange; for that the king's learned counsel were by oath and office, and much more where they had the king's express commandment, without fear of any man's face, to proceed or declare against any the greatest peer or subject of the kingdom; and not only any subject in particular, but any body of subjects or persons, were they judges, or were they of an upper or lower house of parliament, in case they exceed the limits of their authority, or took any thing from his Majesty's royal power or prerogative; and so concluded, that this challenge, and that in his Majesty's presence, was a wrong to their places, for which he and his fellows did appeal to his Majesty for reparation. And thereupon his Majesty did affirm, that it was their duty so to do, and that he would maintain them therein, and took occasion afterward again to speak of it; for when the lord chief justice said, he would not dispute with his Majesty, the king replied, That the judges would not dispute with him, nor his learned counsel might not dispute with them: so whether they did well or ill, it must not be disputed.

After this the lord chancellor declared his mind plainly and clearly, that the stay that had been by his Majesty required, was not against the law, nor a breach of the judges' oath, and required that the judges' oath itself might be read out of the statute, which was done by the king's solicitor, and all the words thereof weighed and considered.

Thereupon his Majesty and the lords thought good to ask the judges severally their opinions; the question being put in this manner; Whether, if at any time, in a case depending before the judges, his Majesty conceived it to concern him either in power or profit, and thereupon required to consult with them, and that they should stay proceedings in the mean time, they ought not to stay accordingly? They all, the lord chief justice only excepted, yielded that they would, and acknowledged it to be their duties so to do; only the lord chief justice of the king's bench said for answer, that when the case should be, he would do that which should be fit for a judge to do. And the lord chief justice of the common pleas, who had assented with the rest, added, that he would ever trust the justice of his Majesty's commandment. After this was put to a point, his Majesty thought fit, in respect of the farther day of argument, appointed the Saturday following for the Commendams, to know from

his judges what he might expect from them concerning the same. Whereupon the lord of Canterbury breaking the case into some questions, his Majesty did require his judges to deal plainly with him, whether they meant in their argument to touch the general power of granting Commendams, yea or no? Whereupon all the said judges did promise and assure his Majesty, that in the argument of the said case of Commendams, they would speak nothing which should weaken or draw into doubt his Majesty's prerogative for granting of them; but intended particularly to insist upon the points of lapse and other judicial points of this case, which they conceived to be of a form differing from all other Commendams which have been practised.

The judges also went farther, and did promise his Majesty, that they would not only abstain from speaking any thing to weaken his Majesty's prerogative of Commendams, but would directly and in plain terms affirm the same, and correct the erroneous and bold speeches which had been used at the bar in derogation thereof.

Also the judges did in general acknowledge and profess with great forwardness, that it was their duty, if any counsellor at the law presumed at any time to call in question his Majesty's high prerogative, that they ought to reprehend them and silence them; and all promised so to do hereafter.

Lastly, the two judges that were then next to argue, Mr. Justice Dodderidge and Mr. Justice Winch, opened themselves unto his Majesty thus far; that they would insist chiefly upon the lapse, and some points of uncertainty, repugnancy, and absurdity, being peculiar to this Commendam; and that they would show their dislike of that which had been said at the bar for the weakening of the general power; and Mr. Justice Dodderidge said he would conclude for the king, that the church was void and in his Majesty's gift; he also said that the king might give a Commendam to a bishop, either before or after his consecration, and that he might give it him during his life, or for a certain number of years.

The judges having thus far submitted and declared themselves, his Majesty commanded them to keep the bounds and limits of their several courts, not to suffer his prerogative to be wounded by rash and unadvised pleading before them, or by new invention of law; for as he well knew the true and ancient common law is the most favourable for kings of any law in the world; so he advised them to apply their studies to that ancient and best law, and not to extend the power of any other of their courts beyond their due limits; following the precedents of their best ancient judges in the times of the best government; and that then they might assure themselves that he, for his part, in his protection of them, and expediting of justice, would walk in the steps of ancient and best kings. Whereupon he gave them leave to proceed in their argument.

When the judges were removed, his Majesty that Rawley's Resuscitatio, and Stephens's Second Collection, p. 2.

+ Soon after this date Dr. Burgess was presented to the parsonage of Sutton-Colfield in Warwickshire. In 1620 he attended Sir Horace Vere into the Palatinate, when that noble

had forborne to ask the voices and opinions of his council before the judges, because he would not prejudicate the freedom of the judges' opinion, concerning whether the stay of proceedings, that hath been by his Majesty required, could by any construction be thought to be within the compass of the judges' oath, which they had heard read unto them, did then put the question to his council; who all with one consent did give opinion, that it was far from any colour or shadow of such interpretation, and that it was against common sense to think the contrary, especially since there is no mention made in their oath of delay of justice, but only that they should not deny justice, nor be moved by any of the king's letters, to do any thing contrary to law or justice.

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I Do think you may do yourself honour, and, that which is more, do a good work; if you will assist and perfect a motion begun, and that upon a good ground, both of submission and conformity, for the restoring of doctor Burgess to preach; † and I wish likewise, that if Gray's-Inn should think good, after he is free from the state, to choose him for their preacher, his Majesty should not be against it: for certainly we should watch him well if he should fly forth; so as he cannot be placed in a more safe auditory. This may seem a trifle, but I do assure you I do scarce know a particular, wherein you may open more honest mouths to speak honour of you, than this. And I do extremely desire there may be a full cry from all sorts of people, especially the best, to speak, and to trumpet out your commendations. I pray you take it to heart, and do somewhat in it. I rest

Your devoted and bounden servant,

June 12, 1616.

FR. BACON.

CL. TO SIR GEORGE VILLIERS.‡
SIR,

THERE is a particular wherein I think you may do yourself honour, which, as I am informed, hath general conducted thither a gallant regiment, the largest for number, and greatest for quality, being much composed of gentlemen, that had been seen. Stephens. Stephens's First Collection, p. 167

been laboured by my lady of Bedford,* and put in good way by the bishop of Bath and Wells,† concerning the restoring to preach of a famous preacher, one doctor Burgess; who, though he hath been silenced a great time, yet he hath now made such a submission touching his conformity, as giveth satisfaction. It is much desired also by Gray's-Inn, if he shall be free from the state, to choose him for their preacher and certainly it is safer to place him there, than in another auditory, because he will be well watched, if he should any ways fly forth in his sermons beyond duty. This may seem a trifle, but, I do assure you, in opening this man's mouth to preach, you shall open every man's mouth to speak honour of you; and I confess I would have a full cry of puritans, of papists, of all the world, to speak well of you; and, besides, I am persuaded, which is above all earthly glory, you shall do God good service in it. I pray deal with his Majesty in it. I rest

Your devoted and bounden servant,
FR. BACON.

June 13, 1616.

CLI. TO SIR GEORGE VILLIERS.‡
SIR,

I SEND you enclosed a warrant for my lady of Somerset's pardon, reformed in that main and material point, of inserting a clause [that she was not a principal, but an accessary before the fact, by the instigation of base persons.] Her friends think long to have it despatched, which I marvel not at, for that in matter of life moments are numbered.

I do more and more take contentment in his Majesty's choice of Sir Oliver St. John, for his deputy of Ireland, finding, upon divers conferences with him, his great sufficiency; and I hope the good intelligence, which he purposeth to hold with me by advertisements from time to time, shall work a good effect for his Majesty's service.

I am wonderful desirous to see that kingdom flourish, because it is the proper work and glory of his Majesty and his times. And his Majesty may be pleased to call to mind, that a good while since, when the great rent and divisions were in the parliament of Ireland, I was no unfortunate remembrancer to his Majesty's princely wisdom in that business. God ever keep you and prosper you.. Your true and most devoted and bounden servant, FR. BACON. 1 July, 1616.

My lady of Bedford, so much celebrated by Dr. Donne and Sir William Temple, for the admirable disposition of her garden at Moor Park, was sister and co-heir to the last lord Harrington of Exton; who dying in the entrance of the year 1614, and the 22d of his age, revived in the nation the sense it had of the loss of prince Henry, as being a young nobleman of great hopes and piety. This lady disposed of much of the estate she had from her brother: selling Burley upon the Hill in the county of Rutland to the then marquis of Buckingham, where he afterwards adorned the seat with noble structures, whicn were destroyed in the time of our civil wars. But this place has now recovered its ancient splendour at the

CLII. TO SIR GEORGE VILLIERS.§ SIR,

I THINK I cannot do better service towards the good estate of the kingdom of Ireland, than to procure the king to be well served in the eminent places of law and justice; I shall therefore name unto you for the attorney's place there, or for the solicitor's place, if the new solicitor shall go up, a gentleman of mine own breeding and framing. Mr. Edward Wyrthington of Gray's-Inn; he is born to eight hundred pounds a year; he is the eldest son of a most severe justicer, amongst the recusants of Lancashire, and a man most able for law and speech, and by me trained in the king's causes. My lord deputy, by my description, is much in love with the man. I hear my lord of Canterbury, and Sir Thomas Laque, should name one Sir John Beare, and some other mean men. This man I commend upon my credit, for the good of his Majesty's service. God ever preserve and prosper you. I rest, Your most devoted and most bounden servant, FR. BACON. 2 July, 1616.

CLIII. TO SIR GEORGE VILLIERS, ABOUT IRISH AFFAIRS.||

SIR,

BECAUSE I am uncertain whether his Majesty will put to a point some resolutions touching Ireland, now at Windsor; I thought it my duty to attend his Majesty by my letter, and thereby to supply my absence, for the renewing of some former commissions for Ireland, and the framing a new commission for the wards and the alienations, which appertain properly to me as his Majesty's attorney, and have been accordingly referred by the lords. I will undertake that they are prepared with a greater care, and better application to his Majesty's service in that kingdom, than heretofore they have been; and therefore of that I say no more. And for the instructions of the new deputy, they have been set down by the two secretaries, and read to the board; and being things of an ordinary nature, I do not see but they may pass.

But there have been three propositions and counsels which have been stirred, which seem to me of very great importance; wherein I think myself bound to deliver to his Majesty my advice and opinion, if they should now come in question.

expense, and by the direction of its present lord the earl of Nottingham. Stephens.

+ This bishop was fifth son to Sir Edward Montague, and brother to Edward the first lord Montague of Boughton, a prelate of great learning and eloquence, and very munificent; and by some called king James's ecclesiastical favourite. In 1616 he was translated to Winchester, and dying in two years' time, he was buried in the body of the abbey church at Bath, which with great cost and care he had preserved from the ruins which time and neglect were bringing upon it. Stephens. Stephens's Second Collection, p. 3. Ibid. p. 4.

Ibid. p. 5.

The first is, touching the recusant magistrates of the towns of Ireland, and the commonalties themselves their electors, what shall be done? Which consultation ariseth from the late advertisements of the two lords justices, upon the instance of the two towns, Limerick and Kilkenny; in which advertisements they represent the danger only, without giving any light for the remedy; rather warily for themselves, than agreeably to their duties and places.

In this point I humbly pray his Majesty to remember, that the refusal is not of the oath of allegiance, which is not enacted in Ireland, but of the oath of supremacy, which cutteth deeper into matter of conscience. Also, that his Majesty will, out of the depth of his excellent wisdom and providence, think, and, as it were, calculate with himself, | whether time will make more for the cause of religion in Ireland, and be still more and more propitious; or whether deferring remedies will not make the case more difficult. For if time give his Majesty advantage, what needeth precipitation to extreme remedies? But if time will make the case more desperate, then his Majesty cannot begin too soon. Now, in my opinion, time will open and facilitate things for reformation of religion there, and not shut up and lock out the same. For, first, the plantations going on, and being principally of protestants, cannot but mate the other party in time: also his Majesty's care in placing good bishops and divines, in amplifying the college there, and in looking to the education of wards and the like; as they are the most natural means, so are they like to be the most effectual and happy for the weeding out of popery, without using the temporal sword; so that, I think, I may truly conclude, that the ripeness of time is not yet come.

Therefore my advice in all humbleness is, that this hazardous course of proceeding, to tender the oath to the magistrates of towns, proceed not, but die by degrees. And yet, to preserve the authority and reputation of the former council, I would have somewhat done; which is, that there be a proceeding to seizure of liberties; but not by any act of power, but by Quo warranto, or Scire facias; which is a legal course; and will be the work of three or four terms; by which time the matter will somewhat cool.

But I would not, in any case, that the proceeding should be with both the towns which stand now in contempt, but with one of them only, choosing that which shall be thought most fit. For if his Majesty proceed with both, then all the towns that are in the like case will think it a common cause; and that it is but their case to-day, and their own tomorrow. But if his Majesty proceed with one, the apprehension and terror will not be so strong; for they will think it may be their case as well to be spared as prosecuted: and this is the best advice that I can give to his Majesty in this strait; and of this opinion seemed my lord chancellor to be.

The second proposition is this: It may be his Majesty will be moved to reduce the number of his council of Ireland, which is now almost fifty, to

twenty, or the like number; in respect the greatness of the number doth both embase the authority of the council, and divulge the business. Nevertheless, I do hold this proposition to be rather specious and solemn, than needful at this time; for certainly it will fill the state full of discontentment: which in a growing and unsettled estate ought not to be.

This I could wish; that his Majesty would appoint a select number of counsellors there, which might deal in the improvement of his revenue, being a thing not fit to pass through too many hands, and that the said selected number should have days of sitting by themselves, at which the rest of the council should not be present; which being once settled, then other principal business of state may be handled at those sittings, and so the rest begin to be disused, and yet retain their countenance without murmur or disgrace.

The third proposition, as it is wound up, seemeth to be pretty, if it can keep promise; for it is this, that a means may be found to reinforce his Majesty's army there by 500 or 1000 men; and that without any penny increase of charge. And the means should be, that there should be a commandment of a local removing, and transferring some companies from one province to another; whereupon it is supposed, that many that are planted in house and lands, will rather lose their entertainment, than remove; and thereby new men may have their pay, and yet the old be mingled in the country for the strength thereof.

In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies shall be stuffed with Tirones, instead of Veterani. I wish therefore that this proposition be well debated ere it be admitted. Thus having performed that which duty binds me to do, I commend you to God's best preservation. Your most devoted and bounden servant,

Gorhambury, July 5, 1616.

FR. BACON.

CLIV. TO THE KING."

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, ACCORDING to your commandment, I send enclosed the preface to the patent of creation of Sir George Villiers. I have not used any glaring terms, but drawn it according to your Majesty's instructions, and the note which thereupon I framed and your Majesty allowed, with some additions which I have inserted. But I hope your Majesty will be pleased to correct and perfect it. Your Majesty will be also pleased to remember, that if the creation shall be at Roughford, your pleasure and this draught be speedily returned: for it will ask a sending of the bill for your Majesty's signature, and a sending back of the same to pass the seals, and a sending thereupon the patent itself; so Stephens's Second Collection, p. 9.

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I SEND you the bill for his Majesty's signature, reformed according to his Majesty's amendments, both in the two places, which, I assure you, were both altered with great judgment, and in the third | place, which his Majesty termed a question only. But he is an idle body that thinks Majesty asks an idle question; and therefore his Majesty's questions are to be answered, by taking away the cause of the question, and not by replying.

For the name, his Majesty's will is law in those things; and to speak truth, it is a well-sounding and noble name, both here and abroad; and being your proper name, I will take it for a good sign that you shall give honour to your dignity, and not your dignity to you. Therefore I have made it viscount Villiers: and for your barony, I will keep it for an earldom; for though the other had been more orderly, yet that is as usual, and both alike good in law.

:

For Roper's place,† I would have it by all means despatched and therefore I marvel it lingereth. It were no good manners to take the business out of my lord treasurer's hands; and therefore I purpose to write to his lordship, if I hear not from him first by Mr. Deccomb. But if I hear of any delay, you will give me leave, especially since the king named me, to deal with Sir John Roper myself; for neither I, nor my lord treasurer, can deserve any great thanks of you in this business; considering the king hath spoken to Sir John Roper, and he hath promised and besides, the thing itself is so reasonable, as it ought to be as soon done as said. I am now gotten into the country to my house, where I have some little liberty to think of that I would think of, and not of that which other men hourly break my head withal, as it was at London. Upon this you may conclude, that most of my thoughts are of his Majesty; and then you cannot be far off. God ever keep you, and prosper you. I rest always

Your true and most devoted servant,
FR. BACON.

Aug. 5, one of the happiest days, 1616.

Stephens's Second Collection, p. 10.

† Sir John Roper, wheh for many years enjoyed the place of the chief clerk for enrolling of pleas in the court of king's bench, esteemed to be worth about 40001. per annum, being grown old, was prevailed with to surrender it upon being created lord Teynham, with a reservation of the profits thereof to himself during life. Upon which surrender Sir George Villiers was to have the office granted to two of his trustees for their lives, as Carr earl of Somerset was to have had before. But the lord chief justice Coke not being very forward to accept of the surrender, or make a new grant of it upon those terms,

CLVI. TO SIR GEORGE VILLIERS, ON SENDING HIS PATENT.I

SIR,

I have sent you now your patent of creation of lord Blechly of Blechly, and of viscount Villiers. Blechly is your own; and I liked the sound of the name better than Whaddon; but the name will be hid, for you will be called viscount Villiers. I have put them both in a patent, after the manner of the patent of arms where baronies are joined: but the chief reason was, because I would avoid double prefaces, which had not been fit: nevertheless the ceremony of robing, and otherwise, must be double. And now, because I am in the country, I will send you some of my country fruits, which with me are good meditations: which, when I am in the city, are choked with business.

After that the king shall have watered your new dignities with his bounty of the lands which he intends you, and that some other things concerning your means, which are now likewise in intention, shall be settled upon you; I do not see but you may think your private fortunes established; and therefore it is now time, that you should refer your actions chiefly to the good of your sovereign and your country. It is the life of an ox or a beast always to eat, and never to exercise; but men are born, especially christian men, not to cram in their fortunes, but to exercise their virtues; and yet the other have been the unworthy, and sometimes the unlucky humour of great persons in our times; neither will your farther fortune be the farther off: for assure yourself, that fortune is of a woman's nature, that will sooner follow you by slighting than by too much wooing. And in this dedication of yourself to the public, I recommend unto you principally that which I think was never done since I was born; and which not done, hath bred almost a wilderness and solitude in the king's service; which is, that you countenance, and encourage, and advance able and virtuous men in all kinds, degrees, and professions. For in the time of some late great counsellors, when they bare the sway, able men were by design and of purpose suppressed; and though now since choice goeth better both in church and commonwealth, yet money, and turn-serving, and cunning canvasses, and importunity prevail too much. And in places of moment, rather make able and honest men yours, than advance those that are otherwise because they are yours. As for cunning and corrupt men, you must, I know, sometimes use them, but keep them at a distance; and let it appear, that you make use of them, rather than that they lead you. Above all,

he was upon the third of October, 1616, commanded to desist from the service of his place, and at last removed from it upon the 15th of November following. His successor Sir Henry Montagu, third son of Sir Edward Montagu, of Boughton in Northamptonshire, recorder of London, and king's serjeant, being more complaisant, Sir John Roper resigned towards the latter end of the same month; and Mr. Shute, and Mr. Heath, who was afterwards the king's solicitor-general, being the deputies and trustees of Sir George Villiers, were admitted. Stephens's Introduct. p. 37 Rawley's Resuscitatio.

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