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yet hath she no power to hurt the humble and wise, but only to break such as too much prosperity hath made stiff in their own thoughts, but weak indeed; and fitted for renewing: when the wise rather gather from thence profit and wisdom; by the example of David, who said, Before I was chastised, I went astray. Now then he that knoweth the right way, will look better to his footing. Cardan saith, that weeping, fasting, and sighing, are the chief purges of grief; indeed naturally they do assuage sorrow: but God in this case is the only and best physician; the means he hath ordained are the advice of friends, the amendment of ourselves: for amendment is both physician and cure. For friends, although your lordship be scant, yet I hope you are not altogether destitute; if you be, do but look upon good books: they are true friends, that will neither flatter nor dissemble: be you but true to yourself, applying that which they teach unto the party grieved, and you shall need no other comfort nor counsel. To them, and to God's holy Spirit, directing you in the reading of them, I commend your lordship; beseeching him to send you a good issue out of these troubles, and from henceforth to work a reformation in all that is amiss, and a resolute perseverance, proceeding, and growth, in all that is good; and that for his glory, the bettering of yourself, this church, and commonwealth; whose faithful servant whilst you remain,

I remain a faithful servant to you,

FR. BACON.

CXLIII. To Sir GEORGE VILLIERS.

SIR,

THE time is, as I should think, now or never, for his majesty to finish his good meaning towards me; if it please him to consider, what is past, and what is to

come,

If I would tender my profit, and oblige men unto me by my place and practice, I could have more profit than I could devise; and could oblige all the world, and offend none; which is a brave condition for a

Rawley's Resuscitatio.

man's private. But my heart is not on these things
Yet, on the other side, I would be sorry that worthles
persons should make a note that I get nothing bu
pains and enemies; and a little popular reputation
which followeth me whether I will or no. If any thing
be to be done for yourself, I should take infinite con-
tentment, that my honour might wait upon yours; but
I would be loth it should wait upon any man's else. I
you would put your strength to this business, it is
done; and that done many things more will begin.
God keep you ever.
I rest

May 30, 1616.

Your true and devoted servant,

FR. BACON.

Stephens's CXLIV. To the King, about the Commendams.

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tion, p. 137.

May it please your most excellent Majesty,

I AM not swift to deliver any thing to your majesty before it be well weighed. But now that I have informed myself of as much as is necessary touching this proceeding of the judges to the argument of the commendams, notwithstanding your majesty's pleasure signified by me, upon your majesty's commandment in presence of my lord chancellor and the bishop of Winchester, to the contrary, I do think it fit to advertise your majesty what hath passed; the rather. because I suppose the judges, since they performed not your commandment, have at least given your majesty their reasons of failing therein; I being to answer for the doing your majesty's commandments, and they for the not doing.

I did conceive, that in a cause that concerned your majesty and your royal power, the judges having heard your attorney-general argue the Saturday before, would of themselves have taken farther time to be advised.

And, if I fail not in memory, my lord Coke received from your majesty's self, as I take it, a precedent commandment in Hilary term, that both in the rege inconsulto, and in the commendams, your attorney should be heard to speak, and then stay to be made of farther

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proceedings, till my lord had spoken with your majesty.

Nevertheless, hearing that the day appointed for the judges'argument held, contrary to my expectation, I sent on Thursday in the evening, having received your majesty's commandment but the day before in the afternoon, a letter to my lord Coke; whereby I let him know, that upon some report of 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 with your judges: which your majesty thought to have done at your being now last in town; but by reason of your many and weighty occasions, your princely times would not serve: and that it was your pleasure he should signify so much to the rest of the judges, whereof his lordship might not fail. His answer by word to my man was, that it were good the rest of the judges understood so much from myself: whereupon I, that cannot skill of scruples in matter of service, did write on Friday three several letters of like content to the judges of the common pleas, and the barons of the exchequer, and the other three judges of the king's bench, mentioning in that last my particular letter to my lord chief justice. This was all I did, and thought all had been sure; in so much as the same day being appointed in chancery for your majesty's great cause, followed by my lord Hunsden,* I writ two other letters to both the chief justices, to put them in mind of assisting my lord is reported chancellor at the hearing. And when my lord chan- by my lord cellor himself took some notice upon that occasion p. 109. openly in the chancery, that the Commendams could not hold presently after, I heard the judges were gone about the Commendams; which I thought at first had been only to adjourn the court, but I heard after that they proceeded to argument.

In this their doing, I conceive they must either except to the nature of the commandment, or to the credence thereof; both which, I assure myself, your majesty will maintain.

*This case

Hobart,

For if they should stand upon the general ground, • Mag. * Nulli negabimus, nulli differemus justitiam, it reChart. ceiveth two answers. The one, that reasonable and mature advice may not be confounded with delay; and that they can well allege when it pleaseth them. The other is, that there is a great difference between a case merely between subject and subject, and where the king's interest is in question directly or by consequence. As for the attorney's place and commission, it is as proper for him to signify the king's pleasure to the judges, as for the secretary to signify the same to the privy-council; and so it hath ever been.

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These things were a little strange if there came not so many of them together, as the one maketh the other seem less strange: but your majesty hath fair occasions to remedy all with small aid; I say no more for the present.

I was a little plain with my lord Coke in these matters; and when his answer was, that he knew all these things; I said he could never profit too much in knowing himself and his duty. God ever preserve your majesty.

Stephens's CXLV. A Memorial for his MAJESTY, Cortion, p. 140. rected with Sir FR. BACON's own hand, 1616.

It seemeth this year of the fourteenth of his majesty's reign, being a year of a kind of majority in his government, is consecrated to justice: (a) which as his majesty hath performed to his subjects in this late memorable occasion, so he is now to render and perform to himself, his crown and posterity.

That his council shall perceive by that which his majesty shall now communicate with them, that the mass of his business is continually prepared in his own

(a) By the laws, several ages are assigned to persons for several purposes: and by the common law the fourteenth year is a kind of majority, and accounted an age of discretion. At that time a man may agree or disagree to a precedent marriage: the heir in socage may reject the guardian appointed by law, and choose a new one; and the woman at that age shall be out af ward, etc. Stephens.

royal care and cogitations, howsoever he produceth the same to light, and to act per opera dierum. (a)

That his majesty shall make unto them now a declarative of two great causes, whereof he doubteth not they have heard by glimpses; the one concerning his high court of chancery, the other concerning the church and prelacy; but both of them deeply touching his prerogative and sovereignty, and the flowers of his crown.

That about the end of Hilary term last, there came to his majesty's ears, only by common voice and report, not without great rumour and wonder, that there was somewhat done in the king's bench the last day of that term, whereby his chancery should be pulled down, and be brought in question for pramunire; being the most heinous offence after treason, and felony, and misprison of treason; and that the time should be when the chancellor lay at the point of death.

That his majesty was so far from hearing of this by any complaint from his chancellor, who then had given over worldly thoughts, that he wrote letters of comfort to him upon this accident, before he heard from him; and for his attorney, his majesty challenged him for not advertising him of that, of which it was proper for his majesty to be informed from him.

That his majesty being sensible of this so great novelty and perturbation in his courts of justice, nevertheless used this method and moderation, that before he would examine this great affront and disgrace offered to his chancery and chancellor, he would first inform himself whether the chancery or chancellor were in fault; and whether the former precedents of chancery did warrant the proceedings there after judgment passed at common law, which was the thing in question, and thereupon his majesty called his learned counsel to him, and commanded them to examine the precedents of chancery, and to certify

(a) Per opera dierum, alluding to the gradations Almighty God was pleased to observe in the creating of the world. In this paragraph Sir Francis Bacon insinuates, what he expressly declares Vol. II. Essay XLVII. p. 370. that in all negotiations of difficulty a man must first prepare business, and so ripen it by degrees. Stephens.

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