little expected to have the matter so beaten down with book-law, upon which my argument wholly went: so that every mean student was satisfied. Yet, because the times are as they are, I could wish, in all humbleness, that your majesty would remember and renew your former commandment which you gave my lord chief justice in Michaelmas term, which was, that after he had heard your attorney, which is now done, he should forbear further proceeding till he had spoke with your majesty. It concerneth your majesty threefold. First, in this particular of Murray; next in the consequence of fourteen several patents, part in queen Elizabeth's time, some in your majesty's time, which depend upon the like question; but chiefly, because this writ is a mean provided by the ancient law of England, to bring any case that may concern your majesty, in profit or power, from the ordinary benches, to be tried and judged before your chancellor of England, by the ordinary and legal part of his power: and your majesty knoweth your chancellor is ever a principal counsellor, and instrument of monarchy, of immediate dependence upon the king: and therefore like to be a safe and tender guardian of the royal rights. For the case of the commendams, a matter likewise of great consequence, though nothing near the first, this day I was prepared to have argued it before all the judges; but, by reason of the sickness of the sergeant which was provided to argue on the other side, although I pressed to have had some other day appointed this term; yet it pleased divers of the judges to do me the honour, as to say it was not fit any should argue against me, upon so small time of warning, it is adjourned to the first Saturday next term. For the matter of the habeas corpus, I perceive this common employment of my lord chancellor, and my lord chief justice, in these examinations, is such a vinculum, as they will not square while these matters are in hand, so that there is altum silentium of that matter. ever preserve your majesty. Your majesty's most humble and bounden subject and servant, 27th Jan. 1615. God FR. BACON, CXXV. TO THE KING, ADVISING HIM TO BREAK IT MAY PLEASE YOUR EXCELLENT MAJESTY, I SPAKE yesternight long with my lord Coke; and for the rege inconsulto, I conceive by him it will be an amplius deliberandum censeo, as I thought at first, so as for the present your majesty shall not need to renew your commandment of stay. I spake with him also about some propositions concerning your majesty's casual revenue; wherein I found him to consent with me fully, assuming, nevertheless, that he had thought of them before; but it is one thing to have the vapour of a thought, another to digest business aright. He, on his part, imparted to me divers things of great weight concerning the reparation of your majesty's means and finances, which I heard gladly; insomuch as he perceiving the same, I think was the readier to open himself to me in one circumstance, which he did much inculcate. I'concur fully with him that they are to be held secret; for I never saw but that business is like a child, which is framed invisibly in the womb; and if it come forth too soon, it will be abortive. I know, in most of them, the prosecution must rest much upon myself. But I that had the power to prevail in the farmers case of the French wines, without the help of my lord Coke, shall be better able to go through these with his help, the ground being no less just. And this I shall ever add of mine own, that I shall ever respect your Majesty's honour no less than your profit; and shall also take care, according to my pensive manner, that that which is good for the present, have not in it hidden seeds of future inconveniences. The matter of the new company was referred to me by the lords of the privy council; wherein, after some private speech with Sir Lionel Cranfield, I made that report which I held most agreeable to truth, and your majesty's service. If this new company break, it must either be put upon the patent, or upon the order made by themselves. For the patent, I satisfied the board, that there was no tittle in it which was not either verbatim in the patent of the old company, or by special warrant from the table inserted. My lord Coke, with much respect to me, acknowledged, but disliked the old patent in itself, and disclaimed his being at the table when the additions were allowed. But in my opinion, howsoever my lord Coke, to magnify his science in law, draweth every thing, though sometimes improperly and unseasonably, to that kind of question, it is not convenient to break the business upon those points. For considering they were but clauses that were in the former patents, and in many other patents of companies: and that the additions likewise passed the allowance of the table, it will be but clamoured, and perhaps conceived, that to quarrel them now, is but an occasion taken; and that the times are but changed, rather than the matter. But that which preserveth intire your majesty's honour, and the constancy of your proceedings, is to put the breach upon their orders. For this light I gave in my report, which the table readily apprehended, and much approved; that if the table reject their orders as unlawful and unjust, it doth free you from their contract: for whosoever contracteth or undertaketh any thing, is always understood to perform it by lawful means; so as they have plainly abused the state, if that which they have undertaken be either impossible or unjust. I am bold to present this consideration to that excellent faculty of your majesty's judgment: because I think it importeth that future good which may grow to your majesty in the close of this business; that the falling off be without all exception. God have you in his precious custody. Your majesty's mest humble and bounden subject and servant, Feb. 3, 1615. FR. BACON. CXXVI. TO THE KING, TOUCHING THE CHANCELLOR'S SICKNESS1. IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, I AM glad to understand by Mr. Murray, that your majesty accepteth well of my poor endeavours in opening unto you the passages of your service, that business may come the less crude, and the more prepared to your royal judgment; the perfection whereof, as I cannot expect they should satisfy in every particular; so, I hope, through my assiduity there will result a good total. My lord chancellor's sickness falleth out duro tempore. I have always known him a wise man, and of just elevation for monarchy: but your majesty's service must not be mortal. And if you lose him, as your majesty hath now of late purchased many hearts by depressing the wicked; so God doth minister unto you a counterpart to do the like, by raising the honest. God evermore preserve your majesty. Your majesty's most humble subject and bounden servant, Feb. 9, 1615. CXXVI. TO THE KING2. FR. BACON. IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, YOUR worthy chancellor, I fear, goeth his last day. God hath hitherto used to weed out such servants as grew not fit for your majesty; but now he hath gathered to himself one of the choicer plants, a true sage, or salvia, out of our garden; but your majesty's service must not be mortal. Upon this heavy accident I pray your majesty, in all humbleness and sincerity, to give me leave to use a few words. I must never forget, when I moved your majesty, for the attorney's place, that it was your own sole act, and not my lord of Somerset's; who when he knew your majesty had resolved it, thrust himself into the business to gain thanks; and therefore I have no reason to pray to saints. 'Rawley's Resuscitatio. * Stephens's First Collection, p. 84. I shall now again make oblation to your majesty, first, of my heart, then of my service; thirdly of my place of attorney, which I think is honestly worth 6000l. per annum, and fourthly, of my place in the star-chamber, which is worth 1600l. per annum; and with the favour and countenance of a chancellor much more. I hope I may be acquitted of presumption if I think of it, both because my father had the place, which is some civil inducement to my desire, and I pray God your majesty may have twenty no worse years in your greatness, than queen Elizabeth had in her model, after my father's placing, and chiefly because the chancellor's place, after it went to the law, was ever conferred upon some of the learned counsel, and never upon a judge. For Audeley was raised from king's serjeant; my father from attorney of the wards; Bromley from solicitor; Puckering from queen's serjeant; 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 over-ruling nature into an over-ruling place, which may breed an extreme; next you shall blunt his industries in matter of your 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 Hobart, 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 œconomist wholly for himself; so as your majesty, more than an outward form, will find little help in him for the business. If you take my lord of Canterbury, I will say no more, but the chancellor's place requires a whole man; and to have both jurisdictions, spiritual and temporal, in that height, is fit but for a king. 66 For myself, I can only present your majesty with gloria in obsequio'; yet I dare promise, that if I sit "Gloria in obsequio" is taken from the sixth book of the Annals of Tacitus : where some persons being accused for their intimacy with Sejanus, the late great |