The works of Francis Bacon, lord chancellor of England.

LETTERS RELATING TO LEGAL BUSINESS. 527
TO THE KING. OBSERVATIONS UPON THORPE'S CASE.
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY'
According to your commandment, we have 24 Edw. 3. Ilis offence was taking of money
heard once more the proctors of the Prerogative from five several persons, that were felons, for
Court, what they could say; and find no reason staying their process of exigent; for that it made
to alter, in any part, our former certificate. Thus him a kind of accessary of felony, and touched
much withal we think fit to note to your majesty, upon matter capital.
that our former certificate, which we now ratify, The judgment was the judgment of felony:
is principally grounded upon a point in law, upon but the proceeding had many things strong and
the statute of 21 Henry VII1., wherein we, the new; first, the proceeding was by commission
chancellor and treasurer, for our own opinions, do of oyer and termiler, and by jury; and not by
conceive the law is clear; and your solicitor-ge- parliament.
neral- concurs. The judgment is recited to be given in the
Now, whether your majesty will be pleased to king's high and sovereign power.
rest in our opinions, and so to pass the patents; It is recited likewise, that the king, when he
or give us leave to assist ourselves with the made him chief justice, and increased his wages,
opinion of some principal judges now in town, did core tenus" say to him, in the presence of
whereby the law may be the better resolved, to his council, that now if he bribed he would hang
avoid farther question hereafter; we leave it to him: unto which penance, for so the record called
your majesty's royal pleasure. This we repre- it, he submitted himself. So it was a judgment
sent the rather, because we discern such a confi- by a contract.
dence in the proctors, and those upon whom they His oath likewise, which was devised some
depend, as, it is not unlike, they will bring it to few years before, which is very strict in words,
a legal question. that he shall take no reward, neither before nor
And so we humbly kiss your majesty's hands, after, is chiefly insisted upon. And that, which
praying for your preservation. is more to be observed, there is a precise proviso,
p Yiour majesty's most humble that the judgment and proceeding shall not be
- and obedient servants, drawn into example against any, and specially
FR. VERULAnII, Cane. not against any who have not taken the like oath:
HENRY MONTAGU, which the lord chancellor, lord treasurer, master
ROBERT NAUNTON. of the wards, etc., take not, but only the judges
York House, December 12, 1620. of both benches, and baron of the exchequer.
The king pardoned him presently after, doubting, as it seems, that the judgment was erroneous,
both in matter and form of proceeding; brought
NOTES UPON MICHAEL DE LA POLE'S CASE.. it before the lords of parliament, who affirmed the
judgment, and gave authority to the king in the
10Rich2. D The ofnces wereto f th reenatures' like cases, for the time to come, to call to
i. Deceits to the Icin. him what lords it pleased him, and to adjudge
2. Misgovernance in point of estate, whereby them.
the ordinances made by ten cornmissioners for
reformation of the state were frustrated, and the
city of Ghent, in foreign parts, lost.
3. And his setting the seal to pardons for murders, and other enormous crimes. NOTES UPON SIR JOHN LEE'S CASE, STEWARD
The judgment was imprisonment, fine, and OF THE KING'S HOUSEHOLD.
ransom, and restitution to the Iing, but no disablement, nor making him uncapable, no degrading 44 Edw. 3. His offences were, great oppresin honour, mentioned in the judgment: but, con- sions in usurpation of authority, in attacking and
trariwise, in the clause, that restitution should be imprisoning in the Tower, and other prisons,
made and levied out of his lands and goods, it is numbers of the king's subjects, for causes no
expressly said, that because his honour of earl ways appertaining to his jurisdiction; and for
was not taken from him, therefore his 201. per discharging an appellant of felony without
ateiumcreation money,should notbe meddled with. warrant, and for deceit of the king, and ex* Sir Thomas Coventry, who was made attorney-general, tortions.
lanuary 14, 1620-1. His judgment was only imprisonment in the
- This paper was probably drawn up on occasion of the Tower, until he had made a fine and ransom at
ciroceedings and judgment passed upon the Lord Viscount St.
Alban by the HIouse of Lords, May 3, 1621. the king's will; and no more.