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A Letter to the King, of my Lord Chancellor's amendment, and the difference begun between the Chancery and King's-Bench.

It may please your most excellent Majesty,

I do find (God be thanked) a sensible amendment in my lord chancellor; I was with him yesterday in private conference, about half an hour, and this day again, at such times as he did seal, which he endured well almost the space of an hour, though the vapour of the wax be offensive to him. He is free from a fever, perfect in his powers of memory and speech, and not hollow in his voice nor looks. He hath no panting, or labouring respiration, neither are his coughs dry or weak. But whosoever thinketh his disease to be but melancholy, maketh no true judgment of it, for it is plainly a formed and deep cough, with a pectoral surcharge, so that, at times, he doth almost "animam agere." I forbear to advertise your majesty of the care I took to have commissioners in readiness, because Master Secretary Lake hath let me understand he signified as much to your majesty. But I hope, there shall be no use of them for this time,

And as I am glad to advertise your majesty of the amendment of your chancellor's person, so I am sorry to accompany it with an advertisement of the sickness of your chancery court; though (by the grace of God) that cure will be much easier than the other. It is true, I did lately write to your majesty, that for the matter of "Habeas corpora" (which was the third matter in law you had given me in charge) I did think the communion of service between my lord chancellor, and my lord chief justice, in the great business of examination, would so join them, as they would not square at this time. But pardon me (I humbly pray your majesty) if I have too reasonable thoughts. And yet

that which happened the last day of the term concerning certain indictments, in the nature of Præmunire, preferred into the king's bench, but not found, is not so much as is noised abroad, (though I must say, it was "Omni tempere nimium, et hoc tempore alienum.") And therefore I beseech your majesty not to give any believing ear to reports, but to receive the truth from me that am your attorney general, and ought to stand indifferent for jurisdictions of all courts; which I account I cannot give your majesty now, because I was then absent, and some are now absent, which are properly and authentically to inform me, touching that which passed. Neither let this any way disjoint your other business; for there is a time for all things, and this very accident may be turned to good; not that I am of opinion, that that same cunning maxim of "Separa et Impera," which sometimes holdeth in persons, can well take place in jurisdiction; but because some good occasion by this excess may be taken, to settle that which would have been more dangerous, if it had gone on, by little and little. God preserve your majesty.

Your Majesty's most humble subject,

and most bounden servant.

Febr. 15th 1615.

A Letter to Sir George Villiers, touching the difference between the Courts of Chancery and King'sBench.

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; mean while, 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 worm-wood in his hand, that will sweep away all this. For it is my lord chancellor's fashion, especially towards the summer, to carry a posy of worm-wood. 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.

Sir Francis Bacon to the King, concerning the Præmunire in the King's-bench against the Chancery.

It may please your Most Excellent Majesty.

I was yesterday in the afternoon, with my lord chancellor, according to your commandment, which I received by the Mr. of the Horse, and find the old man well comforted, both towards God and towards the world. And that same middle comfort, which is a divine and humane, proceeding from your majesty, being God's lieutenant on

earth, I am persuaded 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 yet he is full of it, and almost like a young duellist that findeth himself behind hand.

27 E. 3.

Cap. 1.

I will now (as your majesty requireth) give you a true relation of that which passed; neither will I decline your royal commandment, for delivering my opinion also; though it be a tender subject to write on. But I that account my being but 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 Ed. 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 judgment given in the king's courts, in any other courts. Upon these doubtful words (other courts) the controversy 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 pope's chair was, but here within the realm, yet in their jurisdiction had their dependency upon the court of Rome; as were the court of the legate here, and the courts of the archbishops and bishops, which were then but subordinate judgment seats, to that high tribunal of Rome.

And for this construction, the opposition of the words, (if they be well observed) between the king's courts and other courts, maketh very much; for it importeth as if those other courts were not the king's 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 king's courts to be

the courts of law only, and other courts to be courts of equity, as the chancery, exchequer-chamber, dutchy, etc. though this also flieth indeed from the letter; for that all these are the king's courts.

4 H. 4. There is also another statute, which is but Cap. 23. a simple prohibition, and not with a penalty of Præmunire as the other is, that after judgments given in the king's court, the parties shall be in peace, except the judgments 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 judgments are obtained "ex rigore juris," and against good conscience.

But upon these two statutes, there hath been a late conceit in some, that if a judgment pass at the common law against any, he may not after sue for relief in chancery; and if he do, both he and his council, and his solicitor, yea and the judge, in equity, himself, are within the danger of those statutes. There your majesty hath the true state of the question, which I was necessarily to shew you first, because your majesty calleth for this relation, not as news, but as business. Now to the historical part; it is the course of the king's bench, that they give in charge to the grand jury offences of all natures to be presented within Middlesex, where the said court is; and the manner is to enumerate them, as it were in articles. This was done by justice Crooke, the Wednesday before the term ended: and that article, “if any man after a judgment given had drawn the said judgment to a new examination in any other court," was by him especially 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 con

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