with them, who, upon great advice and view of the ori ginal records themselves, certified the chancery was not restrained by any statute in that case. That his majesty again required his learned counsel to call the clerks of the king's bench to them, and to receive from them any precedents of indictments in the king's bench against the chancery for proceeding in the like case; who produced only two precedents, being but indictments offered or found, upon which there was no other proceeding; and the clerks said, they had used diligence and could find no more. That his majesty, after he had received this satisfac tion that there was ground for that the chancery had done, and that the chancery was not in fault, he thought then it was time to question the misdemeanor and contempt in scandalizing and dishonouring his justice in that high court of chancery in so odious a manner; and commanded his attorney-general, with the advice of the rest of his learned counsel, to prosecute the offenders in the star-chamber, which is done; and some of them are fled, and others stand out and will not answer. That there resteth only one part more towards his majesty's complete information in this cause: which is to examine that which was done in open court the said last day of Hilary term, and whether the judges of the King's Bench did commit any excess of authority; or did animate the offenders otherwise than according to their duty and place; which inquiry, because it concerneth the judges of a court to keep order and decorum, his majesty thinketh not so convenient to use his learned counsel therein, but will commit the same to some of the counciltable, and his learned counsel to attend them. This declared, or what else his majesty in his own high wisdom shall think good; it will be fit time to have the certificate of the learned counsel openly read. His majesty may, if he please, forbear to publish at this time at the table the committees; but signify his pleasure to themselves afterwards. The committees named by his majesty, were the archbishop of Canterbury, secretary Lake, the chancellor of the exchequer, and the master of the rolls. This report is to be prefixed, to be given in by Wednes day at night, that his majesty may communicate it with his council, and take farther order on Thursday thereupon, if his majesty be so pleased. At this declaration, it is his majesty's direction, to the end things may appear to be the more evenly carried, that neither my lord chancellor nor my lord chief justice be present. But then when his majesty entereth into the second declarative, my lord chancellor is to be called for; but my lord chief justice not; because it concerneth him. For the second declarative: that his majesty hath reason to be offended and grieved, in that which passed touching the Commendams, both in matter and manner: for the matter, that his majesty's religious care of the Church and of the prelacy, and namely, of his lords spiritual the bishops, may well appear, first, in that he hath utterly expelled those sectaries or inconformable persons that spurned at the government; secondly, that by a statute made in the first year of his reign, he hath preserved their livings from being wasted and dilapidated by long leases, and therein bound himself and his crown and succession; and lastly, that they see two bishops privy counsellors at the table, which hath not been of late years. That agreeably to this his majesty's care and good affection, hearing that there was a case of the bishop of Lincoln's, wherein his majesty's supreme power of granting Commendams, which in respect of the exility of bishopricks is sometimes necessary, was questioned to be overthrown or weakened; he commanded his attorneygeneral, not only to have care to maintain it according to his place, but also that he should relate to his majesty how things passed; and did also command the bishop of Winchester to be present at the public argument of the case; and to report to his majesty the true state of that question, and how far it extended. This being accordingly done; then upon report of the bishop of Winchester in presence of the lord chancellor, his majesty thought it necessary, that before the judges proceeded to declare their opinion they should have conference with his majesty, to the end to settle some course, that justice might be done, and his regal power, whereof his crown had been so long vested, not touched nor diminished: and thereupon commanded his attorney, who by his place ought properly to signify his majesty's pleasure to his judges, as his secretary doth to his privy council, in the presence of the lord chancellor and the bishop, to signify his pleasure to the judges, that because his majesty thought it needful to consult with them in that case before they proceeded to judgment; and that his majesty's business, as they all knew, was very great, and Midsummer term so near at hand, and the cause argued by his attorney so lately, they should put off the day till they might advise with his majesty at his next coming to town. That his majesty's attorney signified so much by his letters, the next day after he had received his commandment, to all the judges, and that in no imperious manner, but alledging the circumstances aforesaid, that the case was lately argued, his majesty's business great, another term at hand, etc. Now followeth the manner that was held in this, which his majesty conceiveth was not only indiscreet, but presumptuous and contemptuous. For first, they disobeyed this his majesty's commandment, and proceeded to public argument notwithstanding the same; and thought it enough to certify only their mind to his majesty. Secondly, in a general letter under all their hands, howsoever it may be upon divided opinion, they alledge unto his majesty their oath; and that his majesty's commandment, for the attorney's letter was but the case that it was wrapped in, was against law; as if maturity and a deliberate proceeding were 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. Thirdly, above all, it is to be noted and justly doubted, that upon the contrary, in this that they have done, they have broken their oath; for their oath is to counsel the King when they shall be called; and if when the King calleth them to counsel, they will do the deed first, and give him counsel after, this is more than a simple refusal. Lastly, it is no new thing upon divers particular occa sions, of a far higher nature than the consulting with their sovereign about a cause of great moment, to put off days, and yet no breach of oath. And there was another fair passage well known to my lord Coke, that he might have used if it had pleased him; for that very day was appointed for the King's great cause in the chancery, both for my lord Hobart and him; which cause ought to have had precedence afore any private cause, as they would have this seem to be. To this letter his majesty made a most princely and prudent answer, which I leave to itself. Upon this declaration his majesty will be pleased to have the judges letter and his own letter read. Then his majesty, for his part as I conceive, will be pleased to ask the advice of his council as well for the stay of the new day, which is Saturday next, as for the censure and reproof of the contempt passed: for though the judges are a reverend body, yet they are, as all subjects are, corrigible. SIR, CXLVI. TO SIR GEORGE VILLIERS '. THE King giveth me a noble choice; and you are the man my heart ever told me you were. Ambition would draw me to the latter part of the choice; but in respect of my hearty wishes, that my lord chancellor may live long; and the small hopes I have, that I shall live long myself; and, above all, because I see his majesty's service daily and instantly bleedeth; towards which, I persuade myself, vainly perhaps, but yet in mine own thoughts firmly and constantly, that I shall give, when I am of the table, some effectual furtherance, as a poor thread of the labyrinth, which hath no other virtue, but an united continuance, without interruption or distraction, I do accept of the former, to be counsellor for the present, and to give over pleading at bar; let the other matter rest upon my proof, and his majesty's pleasure, and the accidents of time. For, to speak plainly, I would be loth that my lord chancellor, to whom I owe most after the King and 'Rawley's Resuscitatio. yourself, should be locked to his successor, for any advancement or gracing of me. So I ever remain Your true and most devoted and most obliged servant, June 3, 1616. FR. BACON. SIR, CXLVII. TO SIR GEORGE VILLIERS. I SEND his majesty a draught of the act of council concerning the judges letter, penned as near as I could to his majesty's instructions received in your presence. I then told his majesty my memory was not able to keep way with his; and therefore his majesty will pardon me for any omissions or errors, and be pleased to supply and reform the same. I am preparing some other materials for his majesty's excellent hand, concerning business that is coming on for since his majesty hath renewed my heart within me, methinks I should double my endeavours. God ever preserve and prosper you. I rest June 12, 1616. Your most devoted and bounden servant, FR. BACON. CXLVIII. TOUCHING THE COMMENDAMS 2. At Whitehall the sixth of June, Anno 1616 3. Present the KING'S MAJESTY. Lord Archbishop of Cant. Lord Chancellor. Lord Treasurer. Lord Privy-Seal. Lord Wotton. Lord Stanhope. Lord Fenton. Mr. Vice-Chamberlain. Mr. Secretary Lake. Mr. Secretary Winwood. Mr. Chancellor of the Exchequer. Master of the Rolls. His majesty having this day given order for meeting of the council, and that all the judges, being twelve in Rawley's Resuscitatio. 2 Stephens's First Collection, p. 149. It is very clear, that this is the act of council referred to in the preceding letter, and drawn up by Sir Francis Bacon: which, being written in a fair manner, I accidentally bought, and have corrected several errors therein. If any remain, as I believe the reader will think there doth; it is because I had no opportunity to peruse the council-books. Stephens. |