pretation, and that it was against common sense | G. Cant. Tho. Ellesmere, Canc. Th. Reasons why it should be exceeding much for his majesty's service to remove the LORD COKE from the place he now holdeth,* to be Chief Justice of England,† and the attorney‡ to succeed him, and the solicitors the attorney. FIRST, It will strengthen the king's causes greatly amongst the judges: for both my Lord Coke will think himself near a privy counsellor's place, and thereupon turn obsequious; and the attorney-general, a new man, and a grave person, in a judge's place, will come in well to the other, and hold him hard to it, not without emulation between them, who shall please the king best. Secondly, The attorney-general sorteth not so well with his present place, being a man timid A TRUE REMEMBRANCE OF THE ABUSE I RE- and scrupulous both in parliament and other busiCEIVED OF MR. ATTORNEY-GENERAL PUB-ness, and one that, in a word, was made fit for LICLY IN THE EXCHEQUER THE FIRST DAY OF TERM; FOR THE TRUTH WHEREOF I REFER MYSELF TO ALL THAT WERE PRESENT I MOVED to have a reseizure of the lands of George More, a relapsed recusant, a fugitive, and a practising traitor; and showed better matter for the queen against the discharge by plea, which is ever with a "salvo jure." And this I did in as gentle and reasonable terms as might be. Mr. Attorney kindled at it, and said, "Mr. Bacon, if you have any tooth against me, pluck it out; for it do you more hurt than all the teeth in your head will do you good." I answered coldly in these very words; Mr. Attorney, I respect you: I fear you not: and the less you speak of your own greatness, the more I will think of it. He replied, "I think scorn to stand upon terms of greatness towards you, who are less than little; less than the least ;" and other such strange light terms he gave me, with that insulting which cannot be expressed. Herewith stirred, yet I said no more but this: Mr. Attorney, do not depress me so far; for I have been your better, and may be again, when it please the queen. With this he spake, neither I nor himself could tell what, as if he had been born attorney-general; and in the end bade me not meddle with the queen's business, but with mine own; and that I was unsworn, etc. I told him, sworn or unsworn was all one to an honest man; and that I ever set my service first, and myself second; and wished to God, that he would do the like. Then he said, it were good to clap a "cap: ntlegatum" on my back! To which I only said he could not; and that he was at fault, for he hunted upon an old scent. He gave me a number of disgraceful words besides; which I answered with silence, and showing that I was not moved with them. Edward Coke, knighted by King James at Greenwich in 1603; and made lord chief justice of the common pleas, 30 June, 1606. VOL. II.-63 the late lord treasurer's bent, which was to do little with much formality and protestation: whereas the now solicitor going more roundly to work, and being of a quicker and more earnest temper, and more effectual in that he dealeth in, is like to recover that strength to the king's prerogative, which it hath had in times past, and which is due unto it. And for that purpose there must be brought in to be solicitor some man of courage and speech, and a grounded lawyer; which done, his majesty will speedily find a marvellous change in his business. For it is not to purpose for the judges to stand well-disposed, except the king's council, which is the active and moving part, put the judges well to it; for in a weapon, what is a back without an edge? Thirdly, The king shall continue and add repu this orderly advancement of them; which two tation to the attorney's and solicitor's place, by and prerogative; and being stripped of their explaces are the champion's places for his rights pectations and successions to great place, will wax vile; and then his majesty's prerogative goeth down the wind. Besides, the remove of my Lord Coke to a place of less profit, though it kind of discipline to him for opposing himself in be with his will, yet will be thought abroad a the king's causes; the example whereof will con tain others in more awe. Lastly, Whereas now it is voiced abroad touchlabour, and canvass, and money; and other pering the supply of places, as if it were a matter of sons are chiefly spoken of to be the men, and the own act, and is a course so natural and regular, great suitors; this will appear to be the king's as it is without all suspicion of these by-courses, to the king's infinite honour. For men say now, the king can make good second judges, as he hath *Of chief justice of the common pleas, having been ap pointed to that office June 30, 1606. He was advanced to that office October 25, 1613. Sir Henry Hobart, who had been appointed attorney general, July 4, 1606. Sir Francis Bacon, who had been sworn solicitor general June 25, 1607. done lately; but that is no mastery, because men | My lord did also give his promise, which your sue to be kept from these places. But now is the trial in those great places, how his majesty can hold good, where there is great suit and means. TO THE KING. IT MAY PLEASE YOUR MAJESTY, majesty shall find in the end of his writing, thus far in a kind of commonplace or thesis, that it was sin for a man to go against his own conscience, though erroneous, except his conscience be first informed and satisfied. The lord chancellor in the conclusion signified This morning, according to your majesty's to my Lord Coke your majesty's commandment, command, we have had my lord chief justice of that until report made, and your pleasure therethe king's bench before us, we being assisted by upon known, he shall forbear his sitting at Westall our learned council, except Serjeant Crew, minster, etc., not restraining, nevertheless, any who was then gone to attend your majesty. It other exercise of his place of chief justice in private. was delivered unto him that your majesty's pleaThus having performed, to the best of our undersure was, that we should receive an account from standing, your royal commandment, we rest ever him of the performance of a commandment of Your majesty's most faithful, your majesty laid upon him, which was, that he should enter into a view and retraction of such novelties, and errors, and offensive conceits, as were dispersed in his "Reports;" that he had had good time to do it; and we doubted not but he had used good endeavour in it, which we desired now in particular to receive from him. and most bounden servants, etc. THE LORD VISCOUNT VILLIERS TO SIR SIR, I have acquainted his majesty with my lord chancellor's and your report, touching my Lord His speech was, that there were of his "Re- Coke; as also with your opinion therein; which ports," eleven books, that contained about five his majesty doth dislike for these three reasons: hundred cases: that heretofore in other "Re- first, because, that by this course you propound, ports," as namely, those of Mr. Plowden, which the process cannot have a beginning, till after his he reverenced much, there hath been found, never-majesty's return; which, how long it may last theless, errors, which the wisdom of time had after, no man knoweth. He therefore thinketh it discovered, and later judgments controlled; and too long and uncertain a delay, to keep the bench enumerated to us four cases in Plowden, which so long void from a chief justice. Secondly, alwere erroneous: and thereupon delivered in to us though his majesty did use the council's advice in the enclosed paper, wherein your majesty may dealing with the chief justice upon his other misperceive, that my lord is a happy man, that demeanors; yet he would be loath to lessen his there should be no more errors in his five hundred prerogative, in making the council judges, whether cases, than in a few cases of Plowden. Your he should be turned out of his place or no, if the my Lord majesty may also perceive, that your majesty's case should so require. Thirdly, for that direction to my lord chancellor and myself, and Coke hath sought means to kiss his majesty's the travail taken by us and Mr. Solicitor,§ in fol- hands, and withal to acquaint him with some lowing and performing your direction, was not things of great importance to his service; he altogether lost; for that of those three heads, holdeth it not fit to admit him to his presence, which we principally respected, which were the before these points be determined, because that rights and liberties of the church, your preroga- would be a grant of his pardon before he had his tive, and the jurisdiction of other your courts, trial. And if those things, wherewith he is to my lord hath scarcely fallen upon any, except it be acquaint his majesty, be of such consequence, it the prince's case, which also yet seemeth to stand would be dangerous and prejudicial to his majesty, but upon the grammatical, of French and Latin. to delay him too long. Notwithstanding, if you shall advise of any other reasons to the contrary, his majesty would have you, with all the speed you can, to send them unto him; and in the mean time to keep back his majesty's letter, which is herein sent unto you, from my Lord Coke's know ledge, until you receive his majesty's further direction for your proceeding in his business. And so I rest, * Sir John Dodderidge was made judge of the king's bench, November 25, 1612, and Sir Augustin Nichols of the common pleas, the day following. Sir Edward Coke. Edmund Plowden, born of an ancient family of that name, at Plowden in Shropshire, who, as he tells us himself in the preface to the "Reports," in the twentieth year of his age, and the thirtieth of the reign of Henry VIII. anno 1539, began his study of the common law in the Middle Temple. Wood adds, Ath. Oxon. Vol. I. col. 219, that he spent three years in the study of arts, philosophy, and physic, at Cambridge, and four at Oxford, where, in November, 1552, he was admitted to practice chirurgery and physic. In 1557 he became summer reader of the Middle Temple, and three years after, Lent reader, having been made serjeant, October 27, 1558. He fied February 6, 1584-5, at the age of sixty-seven, in the profession of the Roman Catholic faith, and lies interred in the Temple church. Sir Henry Yelverton. Your ever assured friend at command, Theobald's, To the Right Honourable Sir Francis Bacon Knight, His Majesty's Attorney-General, and of his most honourable privy council. TO THE KING. IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, We have considered of the letters, which we received from your majesty, as well that written to us both, as that other written by my Lord Villiers to me, the attorney, which I thought good to acquaint my lord chancellor withal, the better to give your majesty satisfaction. And we most humbly desire your majesty to think, that we are, and ever shall be, ready to perform and obey your majesty's directions; towards which the first degree is to understand them well. In answer, therefore, to both the said letters, as well concerning matter as concerning time, we shall in all humbleness offer to your majesty's high wisdom the considerations following: * First, we did conceive, that after my Lord Coke was sequestered from the table and his circuits, when your majesty laid upon him your commandment for the expurging of his "Reports," and commanded also our service to look into them, and into other novelties introduced into the government, your majesty had in this your doing two principal ends: The one to see, if upon so fair an occasion he would make any expiation of his former faults: and also show himself sensible of those things in his "Reports," which he could not but know were the likest to be offensive to your majesty. The other, to perform "de vero" this right to your crown and succession, and your people also; that those errors and novelties might not run on, and authorize by time, but might be taken away, whether he consented to it or no. But we did not conceive your majesty would have had him charged with those faults of his book, or those other novelties; but only would have had them represented to you for your better information. Now your majesty seeth what he hath done, you can better judge of it than we can. If, upon this probation added to former matters, your majesty think him not fit for your service, we must in all humbleness subscribe to your majesty, and acknowledge that neither his displacing, considering he holdeth his place but during your will and pleasure, nor the choice of a fit man to be put in his room, are council-table matters, but are to proceed wholly from your majesty's great wisdom and gracious pleasure. So that, in this course, it is but the signification of your pleasure, and the business is at an end as to him. Only there remaineth the actual expurgation or animadver sions of the books. But, if your majesty understand it, that he shall be charged, then, as your majesty best knoweth, justice requireth, that he be heard and called to On the 30th of June, 1616. Camdeni Annales Regis Jacobi I. p. 19; and Peck, Desiderata Curiosa, Vol. I. Lib. VI i P. 18. Now, for time, if this last course of charging him be taken, we may only inform your majesty thus much, that the absence of a chief justice, though it should be for a whole term, as it hath been often upon sickness, can be no hindrance to common justice. For the business of the king's bench may be despatched by the rest of the judges: his voice in the Star Chamber may be supplied by any other judge, that my lord chancellor shall call; and the trials by "nisi prius" may be supplied by commission. But, as for those great matters of discovery, we can say nothing more than this, that either they are old or new. If old, he is to blame for having kept them so long: if new, or whatsoever, he may advertise your majesty of them by letter, or deliver them by word to such counsellor as your majesty will assign. Thus we hope your majesty will accept of our sincerity, having dealt freely and openly with your majesty, as becometh us: and when we shall receive your pleasure and direction, we shall execute and obey the same in all things; ending with our prayers for your majesty, and resting Your majesty's most faithful, and most bounden servants, October 6, 1616. T. ELLESMERE, Canc. REMEMBRANCES OF HIS MAJESTY'S DECLA- | busying himself in casting fears before his council, RATION, TOUCHING THE LORD COKE. THAT although the discharging and removing of his majesty's officers and servants, as well as the choice and advancement of men to place, be no council-table matters, but belong to his majesty's princely will and secret judgment; yet, his majesty will do his council this honour, that in his resolutions of that kind, his council shall know them first before others, and shall know them, accompanied by their causes, making as it were a private manifesto, or revealing of himself to them without parables. Then to have the report of the lords touching the business of the Lord Coke, and the last order of the council read. That done, his majesty farther to declare, that he might, upon the same three grounds in the order mentioned, of deceit, contempt, and slander of his government, very justly have proceeded then, not only to have put him from his place of chief justice, but to have brought him in question in the Star Chamber, which would have been his utter overthrow; but then his majesty was pleased for that time only to put him off from the counciltable, and from the public exercise of his place of chief justice, and to take farther time to deliberate. That, in his majesty's deliberation, besides the present occasion, he had in some things looked back to the Lord Coke's former carriage, and in some things looked forward, to make some farther trial of him. That for things passed, his majesty had noted in him a perpetual turbulent carriage, first towards the liberties of his church and estate ecclesiastical; towards his prerogative royal, and the branches thereof; and likewise towards all the settled jurisdictions of all his other courts, the high commission, the Star Chamber, the chancery the provincial councils, the admiralty, the duchy, the court of requests, the commission of inquiries, the new boroughs of Ireland; in all which he had raised troubles and new questions; and, lastly, in that, which might concern the safety of his royal person, by his exposition of the laws in cases of high treason. That, besides the actions themselves, his majesty in his princely wisdom hath made two special observations of him; the one, that he having in his nature not one part of those things which are popular in men, being neither civil, nor affable, nor magnificent, he hath made himself popular by design only, in pulling down government. The other, that whereas his majesty might have expected a change in him, when he made him his own, by taking him to be of his council, it made no change at all, but to the worse, he holding on all his former channel, and running separate courses from the rest of his council; and rather concerning what they could not do, than joining his advice what they should do. That his majesty, desirous yet to make a farther trial of him, had given him the summer's vacation to reform his "Reports," wherein there be many dangerous conceits of his own uttered for law, to the prejudice of his crown, parliament, and subjects; and to see, whether by this he would in any part redeem his fault. But that his majesty hath failed of the redemption he desired, but hath met with another kind of redemption from him, which he little expected. For, as to the "Reports," after three months' time and consideration, he had offered his majesty only five animadversions, being rather a scorn, than a satisfaction to his majesty: whereof one was that in the prince's case he had found out the French statute, which was "filz aisne," whereas the Latin was "primogenitus ;" and so the prince is Duke of Cornwall in French, and not Duke of Cornwall in Latin. And another was, that he had set Montagu to be chief justice in Henry VIII.'s time, when it should have been in Edward VI.'s, and such other stuff; not falling upon any of those things, which he could not but know were offensive. That hereupon his majesty thought good to refresh his memory, and out of many cases, which his majesty caused to be collated, to require his answer to five, being all such, as were but expa tiations of his own, and no judgments; whereunto he returned such an answer, as did either justify himself, or elude the matter, so as his majesty seeth plainly" antiquum obtinet." I send also a warrant to the lord chancellor, for making forth a writ for a new chief justice, leaving a blank for the name to be supplied by your majesty's presence; for I never received your majesty's express pleasure in it. If your majesty resolve of Montagu, as I conceive and wish, it is very material, as these times are, that your majesty have some care, that the recorder succeeding be a temperate and discreet man, and assured to your majesty's service. If your majesty, without too much harshness, can continue the place within your own servants, it is best: if not, the man, upon whom the choice is Sir Edward Coke was removed from that post on the 15th November, 1616. + Sir Henry Montagu, Recorder of London, who was made He was afterwards made lord treasurer, and created Earl of Lord Chief Justice of the King's Bench, November 16, 1616. Manchester, like to fall, which is Coventry,* I hold doubtful | justices, and others, that it is a cause most fit for for your service; not but that he is a well learned, and an honest man; but he hath been, as it were, bred by Lord Coke, and seasoned in his ways. God preserve your majesty. Your majesty's most humble and bounden servant, FR. BACON. I send not these things, which concern my Lord Coke, by my Lord Villiers, for such reasons as your majesty may conceive. November 13, at noon, [1616.] TO THE KING. the censure of the court, both for the repressing of duels, and the encouragement of complaints in courts of justice. If your majesty be pleased it shall go on, there resteth but Wednesday for the hearing; for the last day of term is commonly left for orders, though sometimes, upon extraordinary occasion, it hath been set down for the hearing of some great cause. I send your majesty also Baron Bromley's* report, which your majesty required; whereby your majesty may perceive things go not so well in Cumberland, which is the seat of the party your majesty named to me, as was conceived. And yet, if there were land winds, as there be sea winds, to bind men in, I could wish he were a little wind bound, to keep him in the south. But while your majesty passeth the accounts of IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, judges in circuits, your majesty will give me leave I send your majesty according to your comto think of the judges here in their upper region. mandment, the warrant for the review of Sir And because Tacitus saith well," opportuni Edward Coke's "Reports." I had prepared it bemagnis conatibus transitus rerum;" now upon fore I received your majesty's pleasure: but I was this change, when he, that letteth, is gone, I shall glad to see it was in your mind, as well as in my endeavour, to the best of my power and skill, that hands. In the nomination, which your majesty there may be a consent and united mind in your made of the judges, to whom it should be direct-judges to serve you, and strengthen your business. ed, your majesty could not name the lord chief justice, that now is, because he was not then declared: but you could not leave him out now, without discountenance. This is just mentioned in a letter of Sir Francis Bacon to the Lord Viscount Villiers, printed in his works; but is more particularly stated in the "Reports" of Sir Henry Hobart, Lord Chief Justice of the Common Pleas, p. 120, 121, Edit. London, 1658, fol. as follows. The Lord Darcy of the North sued Gervase Markham, Esq., in the Star Chamber, in 1616, on this occasion. They had hunted together, and the defendant and a servant of the plaintiff, one Beckwith, fell together by the ears in the field: and Beckwith threw him down, and was upon him cuffing him, when the Lord Darcy took expressing some anger against his lordship, and charging him with maintaining his man, Lord Darcy answered, that he had used Mr. Markham kindly; for if he had not rescued him from his man, the latter would have beaten him to rags. Mr. Markman, upon this, wrote five or six letters to Lord Darcy, subscribing them with his name; but did not send them, and only dispersed them unsealed in the fields; the purport of them being this: that whereas the Lord Darcy had said, that, but for him, his servant Beckwith had beaten him to rags, he lied and as often as he should speak it, he lied; and that he would maintain this with his life: adding, that he had dispersed those letters, that his lordship might find them, or somebody else bring them to him; and that if his lordship were desirous to speak with him, he might send his boy, who should be well used. For this offence, Mr. Markham was censured, and fined 5001. by the Star Chamber. his servant off, and reproved him. However, Mr. Markham Sir Henry Yelverton. For I am persuaded there cannot be a sacrifice, from which there may come up to you a sweeter odour of rest, than this effect, whereof I speak. For this wretched murderer, Bertram,† now gone to his place, I have, perceiving your majesty's good liking of what I propounded, taken order, that there shall be a declaration concerning the cause in the king's bench, by occasion of punishment of the offence of his keeper; and another in chancery, upon the occasion of moving for an order, according to his just and righteous report. And yet withal, I have set on work a good pen, and myself will overlook it, for making some little pamphlet fit to fly abroad in the country. For your majesty's proclamation touching the wearing of cloth, after I had drawn a form as near as I could to your majesty's direction, I propounded it to the lords, my lord chancellor being then absent; and after their lordships' good approbation, and some points by them altered, I obtained leave of them to confer thereupon with my lord chancellor and some principal judge, which I did this afternoon; so as, it being now perfected, and so send I shall offer it to the board to-morrow, it to your majesty. So, humbly craving your majesty's pardon for * Edward Bromley, made one of the barons of the exchequer, February 6, 1609-10. + John Bertram, a grave man, above seventy years of age, and of a clear reputation, according to Camden, Annalis Regis Jacobi I. p. 21. He killed with a pistol, in Lincoln's Inn, on the 12th of November, 1616, Sir John Tyndal, a master in Chancery, for having made a report against him in a cause, wherein the sum contended for did not exceed 2001. He hanged himself in prison on the 17th of that month. + Mr. Trott. |