later direction, which was delivered unto me from the earl of Arundel, as by word of mouth, but so as he had set down a remembrance thereof in writing freshly after the signification of his pleasure, was to this effect, that before any proceeding in the chancery, there should be a conference had between my lord chancellor, my lord chief justice, and myself, how your majesty's interest might be secured. This later direction I acquainted my lord chancellor with; and finding an impossibility, that this conference should be had before to-morrow, my lord thought good, that the day be put over, taking no occasion thereof other than this, that in a cause of so great weight it was fit for him to confer with his assistants, before he gave any decree or final order. After such a time as I have conferred with my lords, according to your commandment, I will give your majesty account with speed of the conclusion of that conference. Farther, I think fit to let your majesty know, that in my opinion I hold it a fit time to proceed in the business of the "Rege inconsulto," which is appointed for Monday. I did think these greater causes would have come to period or pause sooner: but now they are in the height, and to have so great a matter as this of the " Rege inconsulto" handled, when men do "aliud agere," I think it no proper time. Besides, your majesty in your great wisdom knoweth, that this business of Mr. Murray's is somewhat against the stream of the judges inclination : and it is no part of a skilful mariner to sail on against a tide, when the tide is at strongest. If your majesty be pleased to write to my lord Coke, that you would have the business of the "Rege inconsulto" receive a hearing, when he should be "animo sedato et libero," and not in the midst of his assiduous and incessant cares and industries in other practices, I think your majesty shall do your service right. Howsoever, I will be provided against the day. Thus praying God for your happy preservation, whereof God giveth you so many great pledges, I rest your Majesty's most humble and devoted subject and servant, November 17, 1615. FR. BACON. Innovations introduced into the laws and govern 1. The ecclesiastical commission. 2. Against the pro - vincial councils. ment*. In this he prevailed, and the commission was pared, and namely the point of alimony left out, whereby wives are left wholly to the tyranny of their husbands. This point, and some others, may require a review, and is fit to be restored to the commission. In this he prevailed in such sort, as the precedents are continually suitors for the This paper was evidently designed against the lord chief justice Coke. VOL. VII. DD 3. Against the starchamber for levying damages. 4. Against the admiralty. 5. Against the court enlargement of the instructions, sometimes in one point, sometimes in another; and the jurisdictions grow into contempt, and more would, if the lord chancellor did not strengthen them by injunctions, where they exceed not their instructions. In this he was over-ruled by the sentence of the court; but he bent all his strength and wits to have prevailed; and so did the other judges by long and laborious arguments and if they had prevailed, the authority of the court had been overthrown. But the plurality of the court took more regard to their own precedents, than to the judges opinion. In this he prevaileth, for prohibitions fly continually; and many times are cause of long suits, to the discontent of foreign ambassadors, and the king's dishonour and trouble by their remonstrances. This is new, and would be forthwith restrained, and the others settled. In this he prevaileth; and this but lately brought in question. In this his majesty hath made an establishment: and he hath not prevailed, but made a great noise and trouble. This his majesty hath also established, being a strange attempt to make the chancellor sit under a hatchet, instead of the king's arms. This was but a bravery, and dieth of itself, especially the authority of the chancery by his majesty's late proceedings being so well established. This in good time was over boroughs in Ireland. ruled by the voice of eight judges of ten, after they had 11. Against the writs "Dom. Rege inconsulto." 12. Against contribution, that it was not law neither to levy it, nor to move for it. 13. Peacham's case. heard your attorney. And had it prevailed, it had overthrown the parliament of Ireland, which would have been imputed to a fear in this state to have proceeded; and so his majesty's authority and reputation lost in that kingdom. This is yet" sub judice :" but if it should prevail, it maketh the judges absolute over the patents of the king, be they of and profit, power contrary to the ancient and ever continued law of the crown; which doth call those causes before the king himself, as he is represented in chancery. In this he prevailed, and gave opinion, that the king by his great seal could not so much as move any his subjects for benevolence. But this he retracted after in the star-chamber; but it marred the benevolence in the mean time. In this, for as much as in was, and in the court of him |