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A28378 Resuscitatio, or, Bringing into publick light severall pieces of the works, civil, historical, philosophical, & theological, hitherto sleeping, of the Right Honourable Francis Bacon, Baron of Verulam, Viscount Saint Alban according to the best corrected coppies : together with His Lordships life / by William Rawley ... Bacon, Francis, 1561-1626.; Rawley, William, 1588?-1667. 1657 (1657) Wing B319; ESTC R17601 372,122 441

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his Book Procure reverence to the King and the Law Inform my people truly of me which we know is hard to do according to the Excellency of his Merit but yet Endeavour it How zealous I am for Religion How I desire Law may be maintained and flourish That every Court should have his Iurisdiction That every Subject should submit himsel● to the Law And of this you have had of l●te no small Occasion of Notice and Remembrance by the great and strait Charge that the King ha●h given me as Keeper of his Seal for the Governing of the Chancery without Tumour or Excesse Again è re natae you at this present ought to make the People know and consider ●he Kings Bl●ssed Care and P●ovidence in gove●ning this Realm in his Absence So th●t sitting at the Helm of another Kingdom N●t without g●eat Affairs and Business yet he governs all things here by his Letters and Directions as punctually and perfectly as if he were present I assure you my Lords of the Counsell and I do much admire the Extention and Latitude of his Care in all Things In the High Commission he did conceive a Sinn●w of Government was a little shrunk He recommended the care of it He hath called for the Accounts of the last Circuit from the Judges to be transmitted unto him into Scotland Touching the Infestation of Pyrates he hath been carefull and is and hath put things in way All things that concern the Reformation or the Plantation of Ireland He hath given in them punctuall and resolute Di●ections All this in Absence I give but a few Instances of a publique Nature The Secrets of Counsell I may not enter into Though his Dispatches into France Spain and the Low-Countries now in his absence are also Notorious as to the outward sending So that I must conclude that his Majesty wants but more Kingdomes For I see he could suffice to all As for the other Glasse I told you of Of representing to the King the Griefs of his People without doubt it is properly your Part For the King ought to be informed of any thing amisse in the state of his Countries from the Observations and Relations of the Iudges That indeed know the Pulse of the Country Rather then from Discourse But for this Glasse thanks be to God I do hear from you all That there was never greater Peace Obedience and Contentment in the Country Though the best Governments be alwayes like the fairest Crystals wherin every little Isicle or Grain is seen which in a Fouler Stone is never perceived Now to some Particulars and not Many Of all other things I must begin as the King begins That is with the Cause of Religion And especially the Hollow Church Papist Saint Aug. hath a good Comparison of such Men affirming That ●hey are like the Roots of Nettles which themselves sting not but yet ●hey bear all the Stinging Leaves Let me know of such Roots and I will root them out of the Country Next for the Matter of Religion In the principall place I recommend both to you and the Iustices the Countenancing of Godly and Zealous Preachers I mean not Sectaries or Novellists But those which are sound and conform But yet pious and Reverend For there will be a perpetuall Defection except you keep Men in by Preaching as well as Law doth by punishing And commonly Spirituall Diseases are not Cured but by Spirituall Remedies Next let me commend unto you the Repressing as much as may be of Faction in the Countrys of which ensue infinite Inconveniences and perturbations of all good Order And Crossing of all good Service in Court or Country or wheresoever Cicero when he was Consul had devised a fine Remedy A Milde one but an effectuall and an apt one For he saith Eos qui otium perturbant reddam otiosos Those that trouble others Quiet I will give them Quiet They shall have nothing to do Nor no Authority shall be put into their Hands If I may know from you of any who are in the Country that are Heads or Hands of Faction Or Men of turbulent Spirits I shall give them Cicero's Reward as much as in me is To conclude study the Kings Book And study your selves how you profit by it And all shall be well And you the Iustices of Peace in particular Let me say this to you Never King of this Realm did you so much Honour as the King hath done you in his Speeeh By being your immedi●te Directors And by sorting you and your se●vice with the Service of Ambassadours and of his nearest Attendants Nay more it seems his Majesty is willing to do the state of Iustice of Peace Honour actively also By bringing in with time the like Form of Commission into the Government of Scotland As that Glorious King Edward the third did plant this Commission here in this Kingdome And therefore you are not fit to be Coppies except you be Fair Written without Blots or Blurs or any thing unworthy your Authority And so I will trouble you no longer for this time The Speech used by Sir Francis Bacon Lord Keeper of the Great Seal of England to Sir William Jones upon his calling to be Lord Chief Justice of Ireland 1617. Sir WILLIAM IONES THe Kings most Excellent Majesty being duly informed of your sufficiency every way Hath called you by his Writ now returned to the State and Degree of a Serjeant at Law But not to stay there but being so qualified to serve him as his Chief Iustice of his Kings Bench in his Realm of Ireland And therefore that which I shall say to you must be applied not to your S●rjeants place which you take but in passage But to that great place where you are to settle And because I will not spend Time to the Delay of the Businesse of Causes of the Court I will lead you the short Iourney by Examples and not the Long by Precepts The Place that you shall now serve in hath been fortunate to be well served in four successions before you Do but take unto you the Constancy and integrity of Sir Robert Gardiner The Gravity Temper and Direction of Sir Iames Lea The Quicknes●e Industry and Dispatch of Sir Humphry Winch The Care and Affection to the Common-wealth and the Prudent and Politick Administration of Sir Iohn Denham And you shall need no other Lessons They were all Lincolns Inn Men as you are You have known them as well in their Beginnings as in their Advancement But because you are to be there not only Chief Iustice but a Counseller of Estate I will put you in mind of the great Work now in hand that you may raise your thoughtes according unto it Ireland is the last Ex Filiis Europae which hath been reclaimed from Desolation and a Desert in many parts to Population and Plantation And from Savage and Barbarous Customes to Humanity and Civility This is the Kings Work in chief It is his Garland of Heroicall Vertue
write being but Representations unto your Lordship of the Honour and Appearance of Successe of the Enterpris● Be not much to the purpose of any Advice yet it is that which is left to me being no Man of Warr and ignorant in the particulars of Estate For a Man may by the Eye set up the VVhite in the midst of the But though he be no Archer Therefore I will onely add this VVish according to the English Phrase which termeth a well-willing Advice a Wish That your Lordship in this whole Action looking forward would set down this Position That Merit is worthier than Fame And looking back hither would remember this Text That Obedience is better than Sacrifice For Designing to Fame and Glory may make your Lordship in the Adventure of your Person to be valiant as a private Souldier rather than as a General It may make you in your Commandements rather to be Gracious than Disciplinary It may make you presse Action in respect of the great Expectation conceived rather hastily than seasonably and safely It may make you seek rather to atchieve the war by force than by Intermixture of Practice It may make you if God shall send prosperous Beginnings rather seek the Fruition of that Honour than the Perfection of the work in hand And for the other point that is the Proceeding like a good Protestant upon expresse warrant and not upon good Intention your Lordship knoweth in your wisdom That as it is most fit for you to desire convenient Liberty of Instructions so it is no lesse fit for you to observe the due Limits of them Remembring that the Exceeding of them may not onely procure in case of adverse Accident a dangerous Disavow But also in case of prosperous Successe be subject to Interpretation as if all were not referred to the right End Thus have I presumed to write these few Lines to your Lordship in Methodo Ignorantiae which is when a Man speaketh of a Subject not according to the Matter but according to the Model of his own Knowledge● And most humbly desire your Lordship that the weaknesse thereof may be supplyed in your Lordship by a benign Acceptation as it is in me by my best VVishing A Letter to the Earl of Essex in offer of his Service when he was first enlarged to Essex House My Lord NO Man can expound my Doings better than your Lordship which makes me need to say the lesse Onely I humbly pray you to beleeve that I aspire to the Conscience and Commendation of Bonus Civis and Bonus Vir And that though I love some Things better I confesse than I love your Lordship yet I love few Persons better Both for Gratitudes sake and for your Vertues which cannot hurt but by Accident Of which my good Affection it may please your Lordship to assure your self And of all the true Effects and Offices I can yield For as I was ever sorry your Lordship should fly with waxen Wings doubting Icarus Fortune So for the growing up of your own Feathers be they Estridges or other kinde no man shall be more glad And this is the Axill-Tree whereon I have turned and shall turn Which having already signified to you by some near mean having so fit a Messenger for mine own Letter I thought good also to redouble by Writing And so I commend you to Gods Protection From Graies Inn this 9th of Iuly 1600. An Answer of my Lord of Essex to the immediately preceding Letter of Mr. Bacons Mr. Bacon I Can neither Expound nor Censure your late Actions Being ignorant of all of them save one And having directed my Sight inward onely to examine my Self You doe pray me to believe that you only aspire to the Conscience and Commendation of Bonus Civis and Bonus Vir And I doe faithfully assure you that while that is your Ambition though your Course be Active and Mind Contemplative yet we shall both Convenire in eodem Tertio And Convenire inter Nosipsos Your Profession of Affection and Offer of good Offices are welcom to me For answer to them I will say but this That you have believed I have been kind to you And you may beleeve that I cannot be other either upon Humour or mine own Election I am a stranger to all Poetical Conceits or else I should say somewhat of your Poetical Example But this I must say That I never flew with other Wings than Desire to merit And Confidence in my Soveraigns Favour And when one of these Wings failed me I would light no where but at my Soveraigns Feet though she suffered me to be bruised with my fall And till her Majesty that knows I was never Bird of Prey finds it to agree with her will and her Service that my Wings should be imped again I have committed my Self to the Mue No power but my Gods and my Soveraigns can alter this Resolution of Your Retired Friend ESSEX Two Letters framed the one as from Mr. Anthony Bacon to the Earl of Essex The other as the Earls Answer thereunto delivered to Sir Francis Bacon with the Advice of Mr. Anthony Bacon his Brother to be shewed to the Queen upon some fit occasion As a Mean to work her Majesty to receive the Earl again to Favour and Attendance at Court They were devised whils● my Lord remained Prisoner in his own House My singular good Lord THis standing at a stay in your Lordships Fortunes doth make me in my Love towards your Lordship jealous lest you doe somewhat or omit somewhat that amounteth to a new Error For I suppose of all former Matters there is a full Expiation wherein for any thing that your Lordship doth I for my part who am remote cannot cast nor devise wherein any Errour should be except in one point which I dare not censure nor disswade which is that as the Prophet saith In this Affliction you look up ad Manum Percutientem and so make your peace with God And yet I heard it noted that my Lord of Leicester who could never get to be taken for a Saint neverthelesse in the Queens Disfavour waxed seeming Religious which may be thought by some and used by others as a Case resembling yours If Men do not see or will not see the difference between your two Dispositions But to be plain with your Lordship my Fear rather is because I hear how some of your good and wise Friends not unpractised in the Court and supposing themselves not to be unseen in that deep and unscrutable Center of the Court which is her Majesties Minde doe not onely toll the Bell but even ring out Peals as if your Fortune were dead and buried And as if there were no possibility of recovering her Majesties Favour And as if the best of your Condition were to live a private and retired Life out of Want out of Peril and out of manifest disgrace And so in this perswasion of theirs include a perswasion to your Lordship to frame and
do acknowledge my Soveraign Liege Lord King James to be lawfull and undoubted King of all the Kingdomes of England Scotland and Ireland And I will bear true faith and Allegeance to his Highness during my life NOw my Lords upon these words I charge William Talbot to have committed a great Offence And such an one as if he had entred into a voluntary and malicious Publication of the like writing It would have been too great an Offence for the Capacity of this Court But because it grew from a Question askt by a Councell of ●state And so rather seemeth in a favourable Construction to proceed from a kind of Submission to answer then from any malicious or insolent Will it was fit according to the Clemency of these Times to proceed in this maner before your Lordships And yet let the Hearers take these things right For certainly if a Man be required by the Lords o● the Councell to deliver his Opinion whether King Iames be King or no And He deliver his Opinion that He is not This is High Treason But I do not say that these words amount to that● And therefore let me open them truly to your Lordships And therei● open also it may be the Eyes of the Offender Himself how far they reach My Lords a Mans Allegeance must be Independant not provisionall and conditionall Elizabeth Barton that was called the Holy Maid of Kent affirmed That if K. H. 8. Did not take Katherine of Spain again to his Wife within a twelve moneth he should be no King And this was judged Treason For though this Act be Contingent and Future yet Treason of compassing and imagining the Kings Destruction is present And in like manner if a Man should voluntarily publish or maintain That whensoever a Bull or Deprivation shall come forth against the King that from thenceforth he is no longer King This is of like Nature But with this I do not charge you neither But this is the true Latitude of your Words That if the Doctrine touching the Killing of Kings be Matter of Faith that you submit your self to the Judgement of the Catholick Roman Church So as now to do you right your Allegeance doth not depend simply upon a Sentence of the Popes Deprivation against the King But upon another point also If these Doctrines be already or shall be declared to be Matter of Faith But my Lords there is little won in this There may be some Difference to the guiltinesse of the Party But there is little to the Danger of the King For the same Pope of Rome may with the same breath declare bo●h So as still upon the matter the King is made but Tennant at will of his Life and Kingdomes And the Allegiance of his Subjects is pinn'd upon the Popes Act. And Certainly it is Time to stop the Current of this Opinion of Acknowledgement of the Popes power in Temporalibus Or el●e it will supplant the Seat of Kings And let it not be mistaken that Mr. Talbots Offence should be no more then the Refusing the Oath of Allegiance For it is one thing to be silent and another thing to affi●m As for the Point of Matter of Faith or not of Faith To tell your Lordships plain it would astonish a Man to see the Gulf of this implyed ●eliefe Is nothing excepted from it If a Man should ask Mr. Talbot whether he do condemn Murther or Adultery or Rape or the Doctrine of Mahomet or of Arius in stead of Zuarius Must the Answer be with this exception that if the Question concern matter of Faith as no question it doth for the Moral Law is matter of Faith That therein he wil submit himself to what the Church shall determine And no doubt the Murther of Princes is more then Simple Murther But to conclude Talbot I will do you this Right and I will no● be reserved in this but to declare that that is true That you came afterwards to a better mind Wherein if you had been constant the King out of his great goodnesse was resolved not to have proceeded with you in Course of Justice But then again you Started aside like a Broken Bow So that by your Variety and Vacillation you lost the acceptable time of the first Grace which was Not to have convented you Nay I will go farther with you Your last Submission I conceive to be Satisfactory and Compleat But then it was too late The Kings Honour was upon it It was published and the Day appointed for Hearing Yet what preparation that may be to the Second Grace of Pardon that I know not But I know my Lords out of their accustomed favour will admit you not only to your Defence concerning that that hath been Charged But to extenuate your Fault by any Submission that now God shall put into your mind to make The Charge given by Sr. Francis Bacon his Majesties Atturney Generall against Mr. I.S. for Scandalizing and Traducing in the publick Sessions Letters sent from the Lords of the Councell touching the Benevolence MY Lords I shall inform you ore tenus against this Gentleman Mr. I. S. A Gentleman as it seems of an ancient House and Name But for the present I can think of him by no other Name then the Name of a great Offender The Nature and Quality● of his Offence in sum is this This Gentleman hath upon advice not suddenly by his Pen Nor by the Slip of his Tongue Not privatly or in a Corner but publickly As it were to the face of the Kings Ministers and Iustices Slandered and Traduced The King our Soveraign The Law of the Land The Parliament And infinite Particulars of his Majesties worthy and loving Subjects Nay the Slander is of that Nature that it may seem to interest the People in Grief and Discontent against the State whence mought have ensued Matter of Murmur and Sedition So that it is not a Simple Slander but a Seditious Slander like to that the Poet speaketh of Calamosque armare Veneno A Venemous Dart that hath both Iron and Poyson● To open to your Lordships the true State of this Offence I will set before you First the Occasion whereupon Mr. I. S. wrought Th●n the Offence it self in his own words And lastly the Points of his Charge My Lords you may remember that there was the last Parliament an Expectation to have had the King supplied with Treasure although the Event failed Herein it is not fit for me to give opinion of an House of Parliament But I will give testimony of Truth in all places I served in the Lower House and I observed somewhat This I do affirm That I never could perceive but that there was in that House a generall Disposition to give And to give largely The Clocks in the House perchance might differ Some went too fast some went too slow But the Disposition to give was generall So that I think I may truly say Solo tempore lapsus Amor. This Accident happening
Stiles Esquire of the Inner Temple 120. The Saints Comfort in Evil times 120. Gods Revenge against Murther in thirty Tragical Histories by I. Reynolds in Fol. the third Edition Whereunto is newly added the Sculptures Pictures of the Chief Persons ●entioned in every Histo●y graven in Copper-plates and fixed before each History With a Satisfactory Epistle of the Stationer Sylva Sylvarum or a Natural History in ten Centuries Whereunto is newly added The History of Life and Death or the Prolongation of Life Both written by the Right Honorable Francis Lord Verulam In Fo●io 1651. The Magnetique cure of Wounds The Nativity of Tartar in Wine The Image of God in Man Also another Treatise of the Errors o● Physicians concerning Defluxions both published in English● 40. 1650. With The Darkness of A●heism dispelled by the light of Nature All published by Dr. Charleton Physician to the late King 40. 165● A Discourse conce●ning the King of Sp●ins surprizing of the Valtoline Translated by the Renowned Sir Thomas R●e many times Embassador in Forein parts 40 The Roman Foot and Denaries from whence as from two principles the measure and weights may be deduced by Iohn Greaves of Oxford ●0 1647. A Treatise of the Court Written in French by that great Coun●ellour De Refuges many times Embassador for the two la●t French Kings Englished by Iohn R●●●●ld ●0 The Hebrew Commonwealth Translated out of Petrus Cun●us in 120. 1653. Hugo Grotius his two Treatises Of God and his Providence and Of Christ and his Miracles together with the said Authors judgement of sundry Points controverted in 120. Both Translated by Clem. Barksdal Certamen Rel●giosum or a Conference between the late King of England and the late Lord Marquess of Worcester concerning Religion 40● 1652. The Battel of Agencourt fought by Henry the 5th The Miseries of Queen Margare● with other Poems by Mic. Drayton Esq 80. The Odes of Horace Selected and Translated by Sir Thomas Hawkins in 120. The Spanish Gallant instructing men in their Carriage to be beloved of the People Youths Behaviour or Decency in Conversation amongst men with new Additions of a Discourse of Powdring of Hair of black Patches and naked Breasts 80. 1651. The Tillage of Light A Treatise of The Philosophers Stone 80. The Right of Peace and Warr in 3. Books written in Latine by the Illustrious Hugo Grotius together with the Life of the said Author in English 80. large 1654. A Sermon of the Nature of Faith by Barten Holyday Doctor of Divinity 1654. The Innocent Lady or the Illustrious Innocent written Originally in French by the learned Father de Ceriziers of the Company of Jesus rendred into English by Sir William Lower Knight 1654. A Disputation at Winchcomb in Glocestershire wherein much satisfaction given in many Fundamental Points of Religion in the presence of many Eminent Persons 1654. A brief Discourse of changing Ministers Tithes into Stipends or into another thing 1654. Plutarch's Lives in English with a New Addition of Twenty Lives never before published in English in Fol. 1657. FINIS 1. Part. 2. Part. 3. Part. 4. Part. 1 Conti●uance 2 Health 3 Peace 4 Plen●y and Wealth 5 Increase o● People 6 Reformation in Religion The speciall 〈◊〉 es●●●lished among u● by ●he pu●ity of Religion Finenesse o● Money The Might o● the Nav● Compa●ison of the state of England with the state● abroad Afflicted in France Low-Countries Portugall Prosperou● as Scotland Poland Sweden Denmark Italy Germany Savoy Sp●i● C●●c●rning the Con●ro 〈◊〉 〈◊〉 in our Church Concerning the Forrain Enemies of this State Concerning the State of the Nobility Concerning the State o● the Common sub●ect Statutes concerning Scotland and the Scotish Nation Lawes Customes Commissions Offi●ers● of the Borders or Marches Further Union besides the Removing of Inconvenient and dissenting Lawes and Usages Points wherein the Nations stand already united Soveraignty Line Royall Su●jection Obedience Alien Naturalization Religion Church-Government Continent Borders Language Di●lect Leagues Confederacies Treaties Externall points of the Separation and Union The Ceremoniall or Mate●iall Crowns The Stiles and Names The Seales The Standards and Stamps Moneys Internall Points of Union 1 Parliament 2 Cousell● o● Estate 3 Off●cers of the Crown 4 Nobilities 5 Law●● 6 Courts of Justice and Administration of Lawes 7 Receits Finances and Patrimonies of the Crown 8 Admiralty Navy and Merchandizing 9 Freedomes and Liberties 〈…〉 These that follow are but indisgested Notes This Constitution of Reporters I obtained of the King after I was Chancellour and there are two appointed with a 100. l. a year a peece s●ipend * Thuanus These Letters following I find not in his Lordships Register-Book of Letters But I am enduced by the Stile and other Characters to own them to be his VVritten by Mr. Bacon for my Lord of Essex
Relapse Mean while I commend the Wit of a mean Man that said this other day Well the next Term you shall have an old man come with a Beesom of Wormwood in his Hand that will sweep away all this For it is my Lord Chancellers Fashion specially towards the Summer to carry a Posie of Wormwood I write this Letter in Haste to return your Messenger with it God keep you and long and happily may you serve his Majesty Sir I thank you for your Inward Letter I have burned it as you commanded But the Fire it hath kindled in me will never be extinguished Your true and affectionate Servant A Letter to Sir George Villiers touching a Motion to swear him Counseller● Febr. 21. 1615. SIR My Lord Chancellers Health growing with the Dayes and his Resignation being an Uncertainty I would be glad you went on with my first Motion my swearing Privy Counseller This I desire not so much to make my Self more sure of the other and to put it past Competition For herein I rest wholly upon the King and your excellent self But because I finde hourly that I need this Strength in his Majesties service Both ●or my better warrant and satisfaction of my Conscience that I deal not in Things above my Vocation And for my better Countenance and Prevailing where his Majesties service is under any pretext opposed I would it were dispatched I remember a greater Matter than this was dispatched by a Letter from Royston which was the Placing of the Arch-Bishop that now is And I imagine the King did it on purpose that the Act mought appear to be his own My Lord Chanceller 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 I sent a pretty while since a Paper to Mr. Iohn Murrey which was indeed a little Remembrance of some Things past concerning my honest and faithfull Services to his Majesty Not by way of Boasting from which I am farr but as Tokens of my studying his Service uprightly and carefully If you be pleased to call for the Paper which is with Mr. Iohn Murrey And to find a fit time that his Maiesty may cast an eye upon it I think it will doe no Hurt And I have written to Mr. Murrey to deliver the Paper if you call for it God keep you in all Happiness Your truest Servant A Letter to the King concerning the Premunire in the Kings Bench against the Chancery Febr. 21. 1615. It may please your most excellent Majesty I Was yesterday in the Afternoon with my Lord Chanceller according to your Commandement which I received by the Master of the Horse And finde the Old Man well comforted Both towards God and towards the World and that same middle Comfort which is Divine and Humane proceeding from your Majesty being Gods Lieutenant on Earth I am perswaded hath been a great Cause that such a Sickness hath been portable to such an Age. I did not fail in my Conjecture that this Business● of the Chancery hath stirred him He sheweth to despise it but he is full of it And almost like a young Duellist that findeth himself behind hand I will now as your Majesty requireth give you a true Relation of that which hath passed Neither will I decline your Royal Commandement for delivering my Opinion also though it be a tender Subject to write on But I that account my Being but as an Accident to my service will neglect no duty upon Self-Safety First it is necessary I let your Majesty know the Ground of the Difference between the Two Courts that your Majesty may the better understand the Narrative There was a Statute made 27 Edw. 3. Cap. 1. which no doubt in the principal Intention thereof was ordained against those that sued to Rome● wherein there are Words somewhat general against any that questioneth or impeacheth any Iudgement given in the Kings Courts or in any other Court. Vpon thes● doubtfull words other Courts the Controversie groweth For the sounder Interpretation taketh them to be meant of those Courts which though locally they were not held at Rome or where the Popes Chair was but h●re within the Realm yet in their Iurisdiction had their Dependance upon the Court of Rome As were the Court of the Legate here and the Courts of the Arch-Bishops and Bishops which were then but subordinate Judgement Seats to that high Tribunal of Rome And for this Construction the Opposition of the Words if they be well observed between the Kings Cour●s and other Courts maketh very much For it importeth as if those other Courts were not the Kings Courts Also the main Scope of the Statute fortifieth the same And lastly the Practice of many Ages The other Interpretation which cleaveth to the Letter expoundeth the Kings Courts to be the Courts of Law only and other Courts to be Courts of Equity as the Chancery Exchequer-chamber Dutchy c. Though this also flyeth indeed from the Letter for that all these are the Kings Courts There is also another Statute which is but a simple Prohibition and not with a Penalty of a Premunire as the other is That after Iudgements given in the Kings Courts the parties shall be in Peace except ●he Iudgement be undone by Error or Attaint which is a Legal form of Reversal And of this also I hold the Sounder Interpretation to be to settle Possessions● against Disturbances and not to take away Remedy in Equity where those Iudgements are obtained ex Rigore Iuris and against good Conscience But upon these two Statutes there hath been a late Conceit in some that if a Judgement pass at the Common Law against any that he may not after ●ue for Relief in Chancery And if he doth both He and his Counsell and his Sollicitours yea and the Iudge in Equity himself are within the Danger of those Statutes Here your Majesty hath the true state of the Question which I was necessarily to open to you first because your Majesty calleth for this Relation Not as Newes but as Business Now to the Historical part It is the Course of the Kings Bench that they give in Charge to a Grand Iury offences of all Natures to be presented within Middlesex where the said Court is And the manner is to enumerate them as it were i● Articles This was done by Iustice Crook the Wednesday before the Term ended And that Article If any Man after a Iudgement given had drawn the said Iudgement to a new Examination in any other Court was by him specially given in charge which had not used to be given in charge before It is true it was not solemnly dwelt upon but as it were thrown in amongst the rest The last day of the Term And that which all Men condemn the supposed last day of my Lord Chancellers
life There were two Indictments preferred of Praemunire for suing in Chancery after Iudgement in Common Law The one by Rich. Glanvile the other by William Allen The former against Courtney the party in Chancery Gibb the Counseller and Deurst the Clark The latter against Alderman Bowles and Humfry Smith parties in Chancery Serjeant More the Counseller Elias Wood Solliciter in the Cause and Sir Iohn Tindall Mr. of the Chancery and an Assessor to my Lord Chanceller For the Cases themselves it were too long to trouble your Majesty with them But this I will say If they were set on that preferred them they were the worst Marks-men that ever were that set them on For there could not have been chosen two such Causes to the Honour and Advantage of the Chancery for the Justness of the Decrees and the Foulness and Scandal both of Fact and person in those that impeach the Decrees The Grand Iury consisting as it seemeth of very Substantial and Intelligent Persons would not finde the Bills Notwithstanding they w●re clamoured by ●he parties and twice sent back by the Court And in Conclusion resolutely 17 of 19 found an Ignoramus wherein for that time I think Ignoramus was wiser than those that know too much Your Majesty will pardon me if I be sparing in delivering to you some other Circumstances of Aggravation and of Concurrences of some like Matters the same day as if it had been some Fatal constellation They be not things so sufficiently tryed as I dare put them into your Ear. For my Opinion I cannot but begin with this Preface That I am infinitely sorry that your Majesty is thus put to salve and ●ure not onely Accidents of Time but Errours of Servants For I account this a kinde of Sickness of my Lord Cookes that comes almost in as ill a time as the Sickness of my Lord Chanceller And as I think it was one of the wisest parts that ever he played when he went down to your Majesty to Roiston and desired to have my Lord Chanceller joyned with him So this was one of the weakest parts that ever he played to make all the World perceive that my Lord Chanceller is severed from him at this time But for that which may concern your Service which is my End leaving other Men to their own wayes First my Opinion is plainly that my Lord Cooke at this time is not to be disgraced Both because he is so well habituate for that which remain●th of these Capital Causes And also for that which I ●inde is in his Breast touching your Finances and Matters of Repair of your Estate And if I mought speak it as I think it were good his hopes were at an end in some kinde so I could wish they were raised in some other On the other side this great and publick Affront not only to the Reverend and well deserving person of your Chanceller And at a time when he was thought to lye on Dying which was barbarous But to your High Court of Chancery which is the Court of your absolute power May not in my Opinion pass lightly nor end onely in some Formal Attonement But Use is to be made thereof for the setling of your Authority and strengthning of your Praerogative according to the true Rules of Monarchy Now to reconcile and accommodate these two Advices which seem almost opposite First your Majesty may not see it though I con●●ss it be suspicious that my Lord Cooke was any way a ●orehand privy to that which was done Or that he did set it or animate it But onely took the Matter as it came before him And that his Errour was onely that at such a time he did not divert it in some good manner Secondly if it be true as is reported that any of the Puisne Iudges did stirr this Business Or that they did openly revile and menace the Iury for doing their Conscience A● they did honestly and truly I think that Iudge is worthy to leese his place And to be plain with your Majesty I do not think there is any Thing a greater Polychreston or ad multa utile to your Affairs than upon a just and fit Occasion to make some Example against the Presumption of a Iudge in Causes that conc●rn your Majesty whereby the whole Body of those Magistrates may be contained the better in awe And it may be this will light upon no unfit Subject of a Person that is Rude and that no Man cares for Thirdly if there be no one so much in fault which I cannot yet affirm either way and there must be a just Ground God forbid el●e yet I should think that the Very Presumption of Going so far in so high a Cause deserveth to have that done which was done in this very case upon the Indictment of Sergeant Heale in Queen Elizabeths time that the Judges should answer it upon their knees before your Majesty or your Council and receive a sharp Admonition At which time also my Lord Wray being then Chief Iustice slipt the Collar and was forborn Fourthly for the persons themselves Glanvile and Allen which are base Fellowes and turbulent I think there will be discovered and proved against them besides the preferring of the Bil's such Combinations and Cont●mptuous Speeches and Behaviours As there will be good Ground to call them and perhaps some of their petty Counsellers at Law into the Starre-Chamber In all this which I have said your Majesty may be pleased to observe that I doe not engage you much in the main point of the Iurisdiction For which I have a great deal of Reason which I now forbear But two Things I wish to be done The one that your Maiesty take this occasion to redouble unto all your Iudges your antient and true Charge and Rule That you will endure no Innovating the Point of Iurisdiction But will have every Court empaled within their own Presidents And not assume to themselves new Powers upon Conceits and Inventions of Law The other that in these high Causes that touch upon State and Monarchy your Majesty give them straight Charge that upon any Occasions intervenient hereafter they do not make the Vulgar party to their Contestations by publick Handling them before they have consulted with your Majesty to whom the Reiglement of those things onely appertaineth To conclude I am not without hope that your Majesty managing this Business according to your great Wisdom unto which I acknowledge my Self not to be worthy to be Card-holder or a Candle-holder will make profit of this Accident as a Thing of Gods sending Lastly I may not forget to represent to your Majesty that there is no Thinking of Arraignments untill these Things be somewhat accommodate And some outward and superficial Reconciliation at least made between my Lord Chanceller and my Lord Chief Iustice. For this Accident is a Banquet to all the Delinquents Friends But this is a Thing that falleth out naturally of it Self In respect of the Iudges Going