1616. the Court of King's Bench, respecting the jurisdiction of the Chancellor after judgment given in courts of law. Upon this dispute, heightened by the warmth and haughtiness of Sir Edward Coke, and the dangerous illness of the Chancellor at the time when Coke promoted the inquiry, the King and Villiers conferred with Bacon, to whom and other eminent members of the profession, the matter was referred, and, upon their report, the King in person pronounced judgment in favour of the Lord Chancellor, with some strong observations upon the conduct of Coke. (a) Pending this investigation, Villiers it seems communiÆt. 56. cated to Bacon the King's intention either to admit him a member of the privy council, or upon the death or resignation of the Chancellor, to entrust him with the great seal, Sanderson's (a) Camden's Annals of King James, June 20, 1616. Hist. of King James, p. 431. Stephens's Introduction to Lord Bacon's Letters, p. 33. See letter from Bacon to the King, dated 21 Feb. 1515-16, for a full account of this dispute, its projects, and termination, it will be found in vol. xii. page 36. A Letter to Sir George Villiers, touching the difference between the Courts of Chancery and King's Bench. Sir, I received this morning from you two letters by the same bearer, the one written before the other, both after his majesty had received my last. In this difference between the two courts of Chancery and King's Bench (for so I had rather take it at this time, than between the persons of my Lord Chancellor and my Lord Chief Justice,) I marvel not, if rumour get way of true relation; for I know fame hath swift wings, especially that which hath black feathers; but within these two days (for sooner I cannot be ready) I will write to his majesty both the narrative truly, and my opinion sincerely, taking much comfort, that I serve such a king, as hath God's property, in discerning truly of men's hearts. I purpose to speak with my Lord Chancellor this day, and so to exhibit that cordial of his majesty's grace, as I hope this other accident will rather rouse and raise his spirits than deject him, or incline him to a relapse; meanwhile, I commend the wit of a mean man that said this other day, well (saith he) next term you shall have an old man come with a besom of wormwood in his a trust to which he was certain of the Chancellor's recom mendation. (c) Having thus discharged the duties of Solicitor and Attorney General, with much credit to himself and advantage to the community, he early in the year 1615-16, expressed to Villiers his wish to be admitted a member of the privy council, from the hope that he might be of service "in times which did never more require a king's attorney to be well armed, and to wear a gauntlet and not a glove." (d) In consequence of this communication, the hand, that will sweep away all this. For it is my Lord Chancellor's fashion, especially towards the summer, to carry a posy of wormwood. I write this letter in haste, to return the messenger with it. God keep you, and long and happily may you serve his majesty. Your true and affectionate servant.-Feb. 10, 1615. Postscript. Sir, I humbly thank you for your inward letter: I have burned it as you commanded, but the flame it hath kindled in me will never be extinguished. (c) See letter to Villiers, 21st Feb. 1615-16, vol. i. p. 1, containing the following statement: "My Lord Chancellor told me yesterday, in plain terms, that if the King would ask his opinion touching the person that he would commend to succeed him, upon death or disability, he would name me for the fittest man. You may advise whether use may not be made of this offer." (d) Another letter to Sir George Villiers, touching a motion to swear him Councillor, Feb. 27, 1615. Sir, I humbly pray you not to think me over hasty or much in appetite, if I put you in remembrance of my motion of strengthening me with the oath and trust of a privy councillor; not for mine own strength (for as to that I thank God I am armed within) but for the strength of my service. The times I submit to you who knoweth them best. But sure I am, there were never times which did more require a king's attorney to be well armed, and (as I said once to you) to wear a gauntlet, and not a glove. The arraignments when they proceed; the contention between the Chancery and King's Bench; the great cause of the Rege inconsulto, which is so precious to the King's prerogative; divers other services that concern the King's revenue, and the repair of his estate. Besides, it pleaseth his majesty to accept well of my relations touching his business; which may seem a King, on the 3rd of June, gave him the option either to be made privy councillor, or the assurance of succeeding the Chancellor. Bacon, for reasons which he has thus expressed in a letter to Villiers, preferred being sworn privy councillor : "Sir, 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 councillor for the present, and to give over pleading at the 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 loath that my Lord Chancellor, to whom I owe most after the King and yourself, should be locked to his successor for any advancement or gracing of me. So I ever remain your true and most devoted and obliged servant.-3rd June, 1616." He was accordingly sworn of the privy council, and took his seat at the board on the 9th of June; it having been kind of interloping (as the merchants call it) for one that is no councillor. But I leave all unto you, thinking myself infinitely bounden unto you for your great favours; the beams whereof I see plainly reflect upon me even from others: so that now I have no greater ambition than this; that as the King sheweth himself to you the best master, so I might be found your best servant. In which wish and vow I shall ever rest, most devoted and affectionate to obey your commands. previously agreed, (a) that though in general he should cease to plead as an advocate, his permission to give counsel in causes should continue, and that if any urgent and weighty matter should arise, that he might with the King's permission be allowed to plead. Upon this unusual honour he was immediately congratulated by the university of Cambridge. (b) Such were the occupations of this philosopher, who during the three years in which period he was Attorney General, conducted himself with such prudent moderation in so many perplexed and difficult cases, and with such evenness and integrity, that his conduct has never been questioned, nor has malice dared to utter of him the least calumny. (c) He now approached his last act as Attorney General, which was of the same nature as the first, his prosecution of Mr. Markham in the Star Chamber, for sending a challenge to Lord Darcy. (d) On the 3rd of March, 1616-17, Lord Brackley, then 1616-17. Lord Chancellor, being worn out with age and infirmities, t. 57. resigned the great seal, and escaped, for a short interval, from the troubles of the court of Chancery, over which he had presided for thirteen years, amidst the disputes between this high tribunal and the courts of common law, and the pressure of business which had so increased as to have been beyond the power of any individual to control. (e) On the 7th of the same month, the seals were delivered by the King to Sir Francis Bacon, with four admonitions: (a) See letter of 5th July, 1616, vol. xii. p. 196. (e) See note DDD at the end. First, to contain the jurisdiction of the court within its true and due limits, without swelling or excess. Secondly, not to put the great seal to letters patent as a matter of course to follow after precedent warrants. Thirdly, to retrench all unnecessary delays, that the subject might find that he did enjoy the same remedy against the fainting of the soul and the consumption of the estate, which was speedy justice." Bis dat, qui cito dat." Fourthly, that justice might pass with as easy charge as might be; and that those same brambles, that grow about justice, of needless charge and expense, and all manner of exactions, might be rooted out so far as might be. (b) Thus was Francis Bacon, then in the fifty-seventh year of his age, created Lord Keeper of the Great Seal of England. In the joy of recent possession he instantly wrote to his friend and patron, the Earl of Buckingham, with a pen overflowing with the expression of his gratitude. My dearest Lord, It is both in cares and kindness, that small ones float up to the tongue, and great ones sink down into the heart in silence. Therefore I could speak little to your lordship to-day, neither had I fit time. But I must profess thus much, that in this day's work you are the truest and perfectest mirror and example of firm and generous friendship that ever was in court. And I shall count every day lost, wherein I shall not either study your welldoing in thought, or do your name honour in speech, or perform you service in deed. Good my Lord, account and accept me your most bounden and devoted friend and servant of all men living, FR. BACON, C. S. March 7, 1616-17. (b) See note EEE at the end. |