first;" for that among Buckingham's letters of this nature those which contained no qualifying clause were in the first year as three to four; in the second, as three to eight; while in the third, fourth, and fifth they disappeared entirely; he was induced at last to give up the circumstance of time, which he had introduced by way of support to the imputation which followed; leaving the imputation to stand by itself unsupported.2 That these letters passed without remonstrance-that is, that no record of any remonstrance has come down to us (and it must be remembered that we should never have heard of the letters themselves if Bacon had put them in the fire)-does not appear to me to justify the inference which Lord Campbell seems to have drawn from the fact. Assuming, in defiance of all probability, that they were "paid for" by the parties, he concludes that in the absence of any record of remonstrance “Buckingham and those who paid for them must have believed that they were effectual." If the real object of these letters was, as I suppose it was, not to influence Bacon's judgment but to satisfy the friends who asked for them, and if Bacon understood them so, remonstrance was not called for on the ground of any real interference with justice; and any remonstrance that he might think it expedient to make on the ground that the practice was a bad one, could be much better and more effectually made in personal conference than by letter; in which case no record would remain. For my own part therefore, before I believe either that Buckingham desired or that Bacon allowed him to " dictate decrees," I must have some better reason for suspecting it. But the reader shall judge for himself. It is not pretended that there is any evidence beyond what is supplied by the letters themselves; and another asks merely that the party may have a fortnight's freedom from restraint (under security to give himself up at the end of the time) that he may follow his business in person; and a third asks only for a full arbitration and a final end :' -that the one such letter in 1619 asks only that Bacon will himself examine into the case of a foreigner, who was perplexed by the shifting of his cause from court to court-and that the one in 1621 asks only for “a full and fair hearing and speedy despatch." "As for any dictation of decrees, we find no hint of such a thing in any of them."-Examiner, 25 Dec. 1852. 1 Companion to the Railway Edition of Lord Campbell's Life of Bacon, by a Railway Reader, (1853) p. 73. 2 In its latest and final shape, the whole passage stands thus. "Few causes of any importance were about to come to a hearing in the Court of Chancery, in which he did not write to the Judge in favour of either of the parties. He at times used the transparent qualification so far as may stand with justice and equity,' or 'so far as your Lordship may see him grounded upon equity and reason, and in a charity suit he would pledge himself that the defendants charged with breach of trust, desired only the honour of their ancestor's gift; but he often entirely omitted these decent forms, and pretty plainly hinted that he was to dictate the decrce." Lives of the Lord Chancellors, 4th edition. 1857. Vol. . p. 91. 1617-18.] APPOINTMENT OF REPORTERS OF LAW CASES. 261 though letters addressed to Bacon, where they throw no light upon his life or correspondence, do not properly belong to this collection, yet as these will not take up much room, and as the imputation is a very grave one-perhaps the gravest of all that have been made against his judicial character-I have thought it better to print them all in their places. 2. The correspondence which follows relates to a variety of subjects, but being read in order will for the most part be found sufficiently intelligible. My hole Lord, TO THE LORD Keeper.' When his May passed through Lancashire he looked upon Sir Richard Haughton's allum works, and by that report which was then made unto him, he judged it fit to take them into his own hands. But because his Ma" would do nothing but upon good ground, he hath commanded me to signify his pleasure unto your Lo to direct a commission to such gentlemen in the country as you shall think fit to take a view of them, and upon a due examination of the particulars to make an estimate of the value and clear profit of them, that thereupon he may take such further resolution as his service shall require. The haste that is made of this business is upon pretence to do Sir Gilbert Haughton good, for whom, lest I should mistake anything in the letter, it may please your Lor to take fuller infor nuation of the business. And so I rest Yo' Lor servant, Royston, the 4 of G. BUCKINGHAM. My hoble Lord, TO THE LORD KEEPER. I have acquainted his May with your Lo" letter, and the draught of the ordinance, which he will take time to peruse, and return it back again to you with full signification of his pleasure therein. His May commanded me to give your Lo" thanks for your care of his service and estate. The other things which you mention in your letter will not be expected till you be ready to send them. And so with mine own thanks Lansd. MSS. 93. f. 189. Orig. Secretary's hand. Docketed in Meautys's hand, “4 Oct. 1617. The Earl of Buckingham to your Lp. touching Sir Rich. Houghton's Allom Mines." Lansd. MSS. 93. f. 191. Orig. Docketed by Meautys, "Octob. 9th, 1617. The Earl of Buck" to yo' Lo signifying his Ma. good acceptance of yo' Lop" care of his service and estate." for your favourable and quick despatch of Sir Gilbert Haughton's business, I rest Royston the 8 of Yo' Lo most assured friend and servant, G. BUCKINGHAM. The ordinance here mentioned was for the constitution of Reporters of law cases, the appointment of " some grave and sound lawyers, with some honourable stipend, to be reporters for the time to come," which Bacon had recommended in his "Proposition touching the compiling and amendment of the Laws of England," when he was Attorney General, and concerning which he afterwards noted in the margin of his manuscript, that he "obtained it of the King after he was Chancellor." See above, p. 69, and below, p. 261. The case of commendam mentioned in the next letter was probably the same which was the subject of the act of Council in June 1616. See chapter ix. of the last volume. It was not expected at that time that judgment could be given in it before Easter-term 1617, and I suppose unforeseen causes of delay carried it over the long vacation. The "cause of the Egertons" was a disputed will; a capricious testator having left his property away from his own children to a spendthrift cousin. "The will had recently been declared valid, but the two parties, unwilling to prosecute the matter further in a common law court, begged the King to refer it to Bacon's arbitration."1 TO THE EARL OF BUCKINGHAM.2 My very good Lord, It may please your Lordship to let his Majesty understand, That I have spoken with all the Judges, signifying to them his Majesty's pleasure touching the commendams. They all und voce did re-affirm, that his Majesty's powers, neither the power of the Crown, nor the practised power by the Archbishop, as well in the commendam ad recipiendum, as the commendam ad retinendum, are intended to be touched; but that the judgment. is built upon the particular defects and informalities of this Gardiner: P. Charles and the Spanish marriage. Vol. i. p. 431. Gibson Papers, vol. viii. f. 77. Copy by Menutys. No fly leaf. Indorsed in the usual hand, "To the Duke of Buck. concerning Commendams." 1617-18.] PATENTS FOR THE REPORTERS. 263 commendam now before them. They received with much comfort that his Majesty took so well at their hands the former stay, and were very well content and desirous that when judgment is given there be a faithful report made of the reason thereof. The accounts of the summer Circuits, as well as that of the Lent Circuit, shall be ready against his Majesty's coming. They will also be ready with some account of their labours concerning Sir Edward Coke's Reports, wherein I told them his Majesty's meaning was not to disgrace the person but to rectify the work, as having in his royal contemplation rather posterity than the present. The two points touching the peace of the middle shires, I have put to a consult with some selected Judges. The cause of the Egertons I have put off and shall presently enter into the treaty of accord according to his Majesty's commandment, which is well tasted abroad in respect of his compassion towards those ancient families. God ever preserve and prosper your Lordship, according to the faithful and fervent wishes of Your Lordship's truc friend, and devoted scrvant, York house, October 11, 1617. FR. BACON. TO THE EARL OF BUCKINGHAM,1 My very good Lord, I have reformed the ordinance according to his Majesty's corrections, which were very material. And for the first of phrasis non placet, I understand his Majesty, may further, I understand myself the better for it. I send your Lordship therefore six privy scals, for every court will look to have their several warrant. I send also two bills for letters patents to the two reporters. And for the persons I send also four names, with my commendations of those two for which I will answer Gibson Papers, vol. viii. f. 78. Copy by Meautys. No fly leaf. Indorsed in the usual hand, "To Lo. Buck" upon sending the patents for establishing the Reporters." upon my knowledge. The names must be filled in the blanks, and so they are to be returned. For the business of the Court of Wards, your Lordship's letter found me in the care of it. Therefore, according to his Majesty's commandment by you signified, I have sent a letter for his Majesty's signature. And the directions themselves are also to be signed. These are not to be returned to me (lest the secret come out) but to be sent to my Lord of Wallingford, as the packets use to be sent. I do much rejoice to hear of his Majesty's health and good disposition. For me, though I am incessantly in business, yet the re-integration of your love maketh me find all things casy. God preserve and prosper your Lordship. Your Lordship's truc friend, and devoted scrvant, FR. BACON. York-house, Octo ber 18, 1617. The ordinance for the Reporters was passed on the 24th of October, and I think we may infer from the foregoing correspondence that it had been drawn up by Bacon himself, and is therefore entitled to a place here among his occasional works. The following document, which I find in Rymer (addressed to Sir Francis Bacon and Sir Julius Cæsar-the Lord Keeper and the Master of the Rolls) is no doubt a copy of one of the Privy Seals which were enclosed in the last letter. ORDINATIO QUA CONSTITUUNTUR LEZ REPORTERS DE LEGE. Whereas we have made our ordinance for the constituting of Reporters of the Law, and passed the same under the Great Seal of England in form following. It hath well appeared how careful we have been for the preserving and maintaining of the laws of this our realm of England by this, that we neither have introduced or admitted any innovations, neither have we for our part suffered any neglect or delay in the administration of them, but by often consultations Probably the arrangement for transferring the Mastership of the Wards from Lord Wallingford to Sir Lionel Cranfield. Rymer, vol. xvii. p. 27. I give the title as I find it. But I suppose lege should be leye. |