a letter to the king concern the praemunire in the king bench against the  chancery fever it may please your most excellent majesty I be yesterday in the  afternoon with my lord chancellor accord to your commandment which I receive  by the master of the horse and find the old man well comfort both towards God  and towards the world and that same middle comfort which be divine and humane  proceed from your majesty be God lieutenant on earth I be persuade have be a  great Cause that such a sickness have be portable to such a age I do not fail  in my conjecture that this business of the chancery have stir he he show to  despise it but he be full of it and almost like a young duellist that find  himself behind hand I will now as your majesty require give you a true  relation of that which have pass neither will I decline your royal commandment  for deliver my opinion also though it be a tender subject to write on but I  that account my be but as a accident to my service will neglect no duty upon  self safety first it be necessary I let your majesty know the ground of the  difference between the two court that your majesty may the better understand  the narrative there be a statute make Edward cap which no doubt in the  principal intention thereof be ordain against those that sue to Rome wherein  there be word somewhat general against any that question or impeach any  judgement give in the king court or in any other court upon these doubtful  word other court the controversy grow for the sound interpretation take they  to be mean of those court which though local they be not hold at Rome or where  the pope chair be but her within the realm yet in their jurisdiction have  their dependence upon the court of Rome as be the court of the legate here and  the court of the arch bishop and bishop which be then but subordinate  judgement seat to that high Tribunal of Rome and for this construction the  opposition of the word if they be well observe between the king course and  other court make very much for it import as if those other court be not the  king court also the main scope of the statute fortify the same and last the  practice of many age the other interpretation which cleave to the letter  expound the king court to be the court of law only and other court to be court  of equity as the chancery exchequer chamber duchy c though this also fly  indeed from the letter for that all these be the king court there be also  another statute which be but a simple prohibition and not with a penalty of a  praemunire as the other be that after judgement give in the king court the  party shall be in peace except he judgement be undo by error or attaint which  be a legal from of reversal and of this also I hold the sound interpretation  to be to settle possession against disturbance and not to take away remedy in  equity where those judgement be obtain ex stiffness justice and against good  conscience but upon these two statute there have be a late conceit in some  that if a judgement pass at the commonlaw against any that he may not after we  for relief in chancery and if he do both he and his counsel and his solicitor  yea and the judge in equity himself be within the danger of those statute here  your majesty have the true state of the question which I be necessary to open  to you first because your majesty call for this relation not as news but as  business now to the historical part it be the course of the king bench that  they give in charge to a grand jury offence of all nature to be present within  Middlesex where the say court be and the manner be to enumerate they as it be  iArticles this be do by justice crook the Wednesday before the term end and  that article if any man after a judgement give have draw the say judgement to  a new examination in any other court be by he special give in charge which  have not use to be give in charge before it be true it be not solemn dwell  upon but as it be throw in among the rest the last day of the term and that  which all man condemn the suppose last day of my lord chancellor life there be  two indictment prefer of praemunire for sue in chancery after judgement in  commonlaw the one by Richard Glanville the other by William Allen the former  against Courtney the party in chancery Gibb the counselor and Deurst the clark  the latter against alderman bowl and Humphrey smith party in chancery sergeant  more the counselor Elias wood solicitor in the Cause and sir John Tindall mr  of the chancery and a assessor to my lord chancellor for the case themselves  it be too long to trouble your majesty with they but this I will say if they  be set on that prefer they they be the worst marksman that ever be that set  they on for there can not have be choose two such cause to the honour and  advantage of the chancery for the justness of the decree and the foulness and  scandal both of fact and person in those that impeach the decree the grand  jury consist as it seem of very substantial and intelligent person will not  find the bill notwithstanding they be clamour by he party and twice send back  by the court and in conclusion resolute of find a ignoramus wherein for that  time I think ignoramus be wise than those that know too much your majesty will  pardon I if I be spare in deliver to you some other circumstance of  aggravation and of concurrence of some like matter the same day as if it have  be some fatal constellation they be not thing so sufficient try as I dare put  they into your ear for my opinion I can but begin with this preface that I be  infinite sorry that your majesty be thus put to salve and ure not only  accident of time but error of servant for I account this a kind of sickness of  my lord cokees that come almost in as ill a time as the sickness of my lord  chancellor and as I think it be one of the wise part that ever he play when he  go down to your majesty to Roiston and desire to have my lord chancellor join  with he so this be one of the weak part that ever he play to make all the  world perceive that my lord chancellor be sever from he at this time but for  that which may concern your service which be my end leave other man to their  own way first my opinion be plain that my lord cokee at this time be not to be  disgrace both because he be so well habituate for that which remainth of these  capital cause and also for that which I ind be in his breast touch your  finance and matter of repair of your estate and if I may speak it as I think  it be good his hope be at a end in some kind so I can wish they be raise in  some other on the other side this great and public affront not only to the  reverend and well deserve person of your chancellor and at a time when he be  think to lie on die which be barbarous but to your high court of chancery  which be the court of your absolute power may not in my opinion pass light nor  end only in some formal atonement but use be to be make thereof for the settle  of your authority and strengthen of your prerogative accord to the true rule  of Monarchy now to reconcile and accommodate these two advice which seem  almost opposite first your majesty may not see it though I consuls  it be  suspicious that my lord cokee be any way a orehand privy to that which be do  or that he do set it or animate it but only take the matter as it come before  he and that his error be only that at such a time he do not divert it in some  good manner second if it be true as be report that any of the puisne judge do  stir this business or that they do open revile and menace the jury for do  their conscience a they do honest and true I think that judge be worthy to  lose his place and to be plain with your majesty I do not think there be any  thing a great Polychreston or and many men  utile to your affair than upon a  just and fit occasion to make some example against the presumption of a judge  in cause that concrn your majesty whereby the whole body of those magistrate  may be contain the better in awe and it may be this will light upon no unfit  subject of a person that be rude and that no man care for three if there be no  one so much in fault which I can yet affirm either way and there must be a  just ground God forbid ele yet I shall think that the very presumption of go  so far in so high a Cause deserve to have that do which be do in this very  case upon the indictment of sergeant heal in queen Elizabeth time that the  judge shall answer it upon their knee before your majesty or your Council and  receive a sharp admonition at which time also my lord Wray be then chief  justice slip the collar and be forbear fourthly for the person themselves  Glanville and Allen which be base fellow and turbulent I think there will be  discover and prove against they beside the prefer of the Bil's such  combination and Contmptuous speech and behaviour as there will be good ground  to call they and perhaps some of their petty counselor at law into the star  Chamber in all this which I have say your majesty may be please to observe  that I do not engage you much in the main point of the jurisdiction for which  I have a great deal of reason which I now forbear but two thing I wish to be  do the one that your majesty take this occasion to redouble unto all your  judge your ancient and true charge and rule that you will endure no innovate  the point of jurisdiction but will have every court empale within their own  precedent and not assume to themselves new power upon conceit and invention of  law the other that in these high cause that touch upon state and Monarchy your  majesty give they straight charge that upon any occasion intervenient  hereafter they do not make the vulgar party to their contestation by public  handle they before they have consult with your majesty to who the reiglement  of those thing only appertain to conclude I be not without hope that your  majesty manage this business accord to your great wisdom unto which I  acknowledge my self not to be worthy to be card holder or a candle holder will  make profit of this accident as a thing of God send last I may not forget to  represent to your majesty that there be no think of arraignment until these  thing be somewhat accommodate and some outward and superficial reconciliation  at least make between my lord chancellor and my lord chief justice for this  accident be a banquet to all the delinquent friend but this be a thing that  fall out natural of it self in respect of the judge go circuit and my lord  chancellor infirmity with hope of recovery and although this potraction of  time may breed some doubt of mutability yet I have late learned out of a  excellent letter of a certain king that the sun show sometime watery to our  eye but when the cloud be go the sun be as before God ever preserve your  majesty