The works of Francis Bacon, lord chancellor of England.

TRACTS RELATING TO COMMENDAMS. 491
or weakened; he commanded his attorney general, lar occasions, of a far higher nature than the connot only to have care to maintain it according to sulting with their sovereign about a cause of
his place, but also that he should relate to his great moment, to put off days, and yet no breach
majesty how things passed; and did also coml- of oath. And there was another fair passage
mand the Bishop of Winchester to be present at well known to my Lord Coke, that he might have
the public argument of the case; and to report to used if it had pleased him; for that very day was
his majesty the true state of that question, and appointed for the king's great cause in the chanhow far it extended. cery, both for my Lord Hobart and him; which
This being accordingly done; then upon report cause ought to have had precedence afore any
of the Bishop of Winchester in presence of the private cause, as they would have this seem to be.
lord chancellor, his majesty thought it necessary, To this letter his majesty made a most princely
that before the judges proceeded to declare their and prudent answer, which I leave to itself.
opinion they should have conference with his Upon this declaration his majesty will be
rl;jesty, to the end to settle some course, that pleased to have the judges' letter and his own
justice might be done, and his regal power, letter read.
whereof his crown had been so long vested, not Then his majesty, for his part, as I conceive,
touched nor diminished: and thereupon comn- will be pleased to ask the advice of his council
mainded his attorney, who by his place ought as well for the stay of the new day, which is
properly to signify his majesty's pleasure to his Saturday next, as for the censure and reproof of
judges, as his secretary doth to his privy council, the contempt passed: for though the judges are a
in the presence of the lord chancellor and the reverend body, yet they are, as all subjects are,
bishop, to signify his pleasure to the judges, that corrigible.
because his majesty thought it needful to consult
with them in that case before they proceeded to
judgment; and that his majesty's business, as
they all knew, was very great, and Midsummer TO SIR GEORGE VILLIERS.
term so near at hand, and the cause argued by his SiRn,
attorney so lately, they should put off the day till I send his majesty a draught of the act of counthey might advise with his majesty at his next cil concerning the judges' letter, penned as near
coming to town. That his majesty's attorney as I could to his majesty's instructions received
signified so much by his letters, the next day in your presence. I then told his majesty my
after he had received his commandment, to all memory was not able to keep way with his; and,
the judges, and that in no imperious manner, but therefore, his majesty will pardon me for any
alleging the circumstances aforesaid, that the omissions or errors, and be pleased to supply and
case was lately argued, his majesty's business reform the same. I am preparing some other
great, another term at hand, etc. materials for his majesty's excellent hand, conNow followeth the manner that was held in cerning business that is coming on: for, since his
this, which his majesty conceiveth was not only majesty hath renewed my heart within me, meindiscreet, but presumptuous and contemptuous. thinks I should double my endeavours. God
For, first, they disobeyed this his majesty's ever preserve and prosper you. I rest
commandment, and proceeded to public argument, Your most devoted and bounden servant,
notwithstanding the same; and thought it enough June 12. 1616. FR. BAcoN
to certify only their mind to his majesty.
Secondly, in a general letter under all their
hands, howsoever it may be upon divided opinion,
they allege unto his majesty their oath; and, TOUCHING THE COMMENDAMS.
that his majesty's commandment, for the attorney's letter was but the case that it was wrapped *AT WHITFHALL THE SIXTH OF JUNE, ANNO, 1616.
in, was against law; as if maturity and a delibe- Present the KING'S MAJESTY.
rate proceeding were a delay, or that commandLord Archbishop of'JLord Wotton.
ment of stay in respect of so high a question of Canterbury. Lord Stanhope.... Carlterbure ~Lord Stanhope.
state and prerogative, were like a commandment Lord Chancellor.
-.. z D. Lord Chancellor. Lord Fenton.
gotten by importunity, or in favour of a suitor.
Lord Treasurer. Mr. Vice-Chamberlain.
Thirdly, above all, it is to be noted and justly Lord Privy-Seal..
doubted, that, upon the contrary, in this that they Lord Chamberlain. Mr. Secretary Lake.
have done, they have broken their oath; for their
oath is to counsel the lking~ when they shall be * It is very clear, that this is the act of council referred to
called; and if, when the king calleth them to in the preceding letter, and drawn up by Sir Francis Bacu;.
counsel, they will do the deed first, and give him which, being written in a fair manner, I accidently bought,
counsel after, this is more than a simple refusal. and have corrected several errors therein. If any remain, as
a I believe the reader will think there doth; it is because I had
Lastly, it is no new thing upon divers partien- no opportunity to peruse the council books. Stcyhcns.