The works of Francis Bacon, lord chancellor of England.

TRACTS RELATING TO COMMENDAMS. 493
last in the afternoon, by a servant of your majes- powers and prerogatives of the crown, he would
ty's attorney-general; and letters of the like effect not endure to have them wounded through the
were on the day following sent from him by his sides of a private person; admonishing them also,
servant to us your majesty's justices of every of lastly, of a custom lately entertained, of a greater
the courts at Westminster. We are and ever will boldness to dispute the high points of his majesty's
be ready with all faithful and true heart, accord- prerogative in a popular and unlawful liberty of
ing to our bounden duties, to serve and obey argument more than in former timnes: and making
your majesty, and think ourselves most happy to them perceive also how weak and impertinent the
spend our times and abilities to do your majesty pretence of allegation of their oath was in a case
true and faithful service in this present case men- of this nature, and how well it might have been
tioned;n this letter. What information hath spared; with many other weighty points in the
been made unto you, whereupon Mr. Attorney said letter contained: which letter also by his
doth ground his letter, from the report of the majesty's appointment and commandment was
Bishop of Winton, we know not; this we know, publicly read 1" in hec verhba."
that the true substance of the cause summarily is
thus; it consisteth principally upon the construc- JASIES REX,
tion of two acts of parliament, the one of the 6, Trusty and well-beloved counsellors, and trusty
twenty-fifth year of King Edward III., and the and well-beloved, we greet you well. WVe perother of the twenty-fifth year of King Henry ceive by your letter, that you conceive the comVIII., whereof your majesty's judges upon their mandment given you by our attorney-general in
oaths, and according to their best knowledge and our name to have proceeded upon wrong informalearning, are bound to deliver their true understand- tion: but if you list to remember what princely
ing faithfully and uprightly; and the case between care we have ever had, since our coming to this
two for private interest and inheritance earnestly crown, to see justice duly administered to our
called on for justice and expedition. We hold it subjects, with all possible expedition; and how
our duty to inform your majesty, that our oath is far we have ever been from urging the delay
in these express words: That in case any letters thereof in any sort, you may safely persuade
come unto us contrary to law, that we do nothing yourselves that it was no small reason that moved
by such letters but certify your majesty thereof, us to send you that direction. You might very
and go forth to do the law, notwithstanding the well have spared your labour in informing us of
same letters. We have advisedly considered of the nature of your oath; for although we never
the said letter of Mr. Attorney, and with one con- studied the common law of England, yet are we
sent do hold the same to be contrary to law, and not ignorant of any points which belong to a king
such as we could not yield to the same by our to know: we are therefore to inform you hereby,
oath, assuredly persuading ourselves that your that we are far from crossing or delaying any
majesty being truly informed, that it standeth not thing which may belong to the interest of any
with your royal and just pleasure to give way to private party in this case; but we cannot be conthem: and knowing your majesty's zeal to justice tented to suffer the prerogative royal of our crown
to be most renowned, therefore we have, accord- to be wounded through the sides of a private pering to our oaths and duties, at the very day son: we have no care at all which of the parties
prefixed the last term, proceeded, and thereof shall win this process in this case, so that right
certified your majesty; and shall ever pray to the prevail, and that justice be truly administered.
Almighty for your majesty in all honour, health, But on the other side, we have reason to foresee
and happiness long to reign over us. that nothing be done in this case which may
Edw. Coke, Henry Hobart, Laur. wound our prerogative in general; and therefore
Tanfield, Pet. Warburton, George so that we may be sure that nothinfr shall be deSnigge, Ja. Altham, Ed. Bromley, bated amongst you which may concern our geJohn Croke, Humphry Winche, neral power of giving commendams, we desire
John Dodderidge, Augustin Ni- not the parties to have one hour's delay of juscholls, Robert Houghton. tice: but that our prerogative should not be
Seljeants-Inn, 25th April, 1616.," wounded in that regard for all times hereafter,
His majesty having considered of this letter, upon pretext of private persons' interest, we sent
by his princely letters returned answer, reporting you that direction; which we account as well to
himself to their own knowledge and experience, be wounded if it be publicly disputed upon, as
whatprincelyearehehatheverhadsincehiscoming if any sentence were given against it: we are
t( the crown, to have justice duly administered to therefore to admonish you, that since the prero
his subjects, with all possible expedition; and gative of our crown hath been more boldly dealt
how far he was from crossing or delaying of jus- withal in Wiestminster Hall, during the time of out
tice, when the interest of any private person was reign, than ever it was before in the reigns of
questioned: but on the other side expressing him- divers princes immediately preceding us, that we
self, that where the case concerned the high will no longer endure that popular and unlawful
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