66 His "Charges "—to be one of the Justices of and "on circuit" as a Judge. given in his Prose Works-as Assize for the Northerne Circute -are very characteristic, being full of legal 'precedents,' and noticeable in their tracing up the verdict sought to abiding principles. He took part in the memorable "case" of Frances, Countess of Somerset, for the poison-murder of Sir Thomas Overbury. In the House of Commons he spoke seldom; but when anything that concerned Irish interests came up he never failed to contend in behalf of Ireland.5 Lightening his legal employments were a large correspondence and fellowship' with his most eminent contemporaries, and the collection of his Poetical Works, in so far as he wished them to go down to posterity. Of the former I select one undated letter to the illustrious Sir Robert Cotton, with whom he had been early acquainted, and associated in 1614, in re-establishing the Society of Antiquaries, originally founded in 1590. One of these is a sprightly and pleasant letter, and all the more welcome that most of his correspondence that remains is official and grave. The lighter letter is as follows, from MSS. Cotton: Julius C. III., p. 14: now paged 133, British Museum: In the Life, as before, his appearances in Parliament will be noted and illustrated. Sweet Robin, for a few sweet words, a client of mine hath presented me wth sweet meates, to what end I know not except it be, as Chaucer speakes, To make mine English sweet uppon my tongue, that I may pleade the better for him to morrow at the Seale. Not wth standing, the best vse that I can make of it, is to preesent you wth it, especially at this time when you ar in Physick, that you may sweeten your tast after the Rhewbarb. I have been a little distracted wth vnexpected busines these two or three last dayes, that I cold not performe my officious promise to visit you in this voluntary sicknes of yours; but [erased] now I am faine to make my hands to excuse my feet from travayling vnto you, because being the servant of the multitude I am not mine owne man. Make much of your self, & make y' self speedily well, that I may have your company towards Cambridge, from whence I will go wth you to see the ancient Seat of Robt. le Bruis; so wishing you a prosperous operation of your Phisick, at least that you may Imagine so, for it is the Imagination that doth good, & not the Physick, wch I ever thought a meere imposture; I cease to troble you least the intention of to much Reading hinder the working of those vertuous drugs. Yrs all & ever (Endorsed) To my worthy friend Rob: Cotton esquier. J. Dauis. A second letter runs thus, from MSS. Cotton: Julius C. III., p. 32:— Noble S Robert: the ordinary subject of letters is, newes, whereof this kingdome since the warres, hath been very barren; therefore I must write vnto you that wch is no newes, that is, that I love you, & hold a kind & dear memory of you. according to my promise to yr self & Mr. Solliciter of England who is now, I hear, a Judge, I have caused this bearer to draw some Mapps of or principall Cittyes of Ireland; & he having occasion to go for England, I have thought fitt to direct him vnto you. he is an honest ingenuous yong mã & of y1 owne Name. I hear not yet of ye Antiquities out of Cumberland; if they be brought hither I will take care to transmitt the to London, & so in speciall hast, being ready to go my circuit ov" all Munster I leave you to ye divine p’servation. Ys to do you Service, Dublin 4 Martij 1607. Io: Dauys. I desire to be affectionately remembred to Mr. His Poems, as finally collected by him, appeared in a thin octavo in 1622. His Prose Works he never collected, but allowed them to be re-published separately. His "True Cause" passed through several editions during his own life-time. One of his most important prose--books after the "True Cause" brings us to the closing event of his busy and various-coloured life. d It is entitled in the first issue, which was posthumous "The Question concerning Impositions, Tonnage, Poundage, Prizage, Customs, &c. Fully stated and argued, from Reason, Law, and Policy. Dedicated to King James in the latter end of his Reign." (1656.) 8 This historically-memorable treatise has already been reproduced in the Prose Works. Elsewhere I examine it critically. It must suffice here to state that later the King (Charles I.), having an impoverished exchequer, had recourse to forced loans of various amounts. Hating the control of Parliament, he persisted in substituting his will for law, his "proclamation" for statute. Feeling the treacherousness of his standing-ground of prerogative, the Judges were applied to, and with loyalty to the monarch rather than to their country, they somewhat favoured the King's 'demands.' Charles deemed their "opinion" to have a somewhat "uncertain sound," and presented to the Judges a paper for their signature, recognising the legality of the collection. This was refused. One of the victims of the sovereign's wrath was Chief-Justice Crew, who was "discharged" on the 9th of November, 1626 (Foss's 6 Woolrych, as before, splits the one work into several, and mistakes MSS. of it for distinct works. Vol. I., pp. 209-10. 7 Vol. III., pp. 1-116. 8 In the fuller Life, as before. Judges, vi., p. 291). Sir John Davies was appointed as his successor; and one cannot help recognising that the opinions revealed in his "Jus Imponendi " contributed to the succession. For one, I should rather have found Sir John Davies on the other side, spite of his great array of "precedents" and ingenious applications to the then circumstances and exigencies, and necessarily ignorant of the lengths Charles as distinguished from James, was to proceed. Technically, there had been "precedents" no doubt; but long use and wont" had rendered so-called regal rights obsolete, and it was insanity to revive. them, as Charles I.,-who inherited James's high notions of regal authority,—found out when too late. But, passing to Davies, the "lean fellow" called Death was nearer the Knight than was the ChiefJusticeship. Purple and ermine robes were actually bought, but they were not to be donned. He had told a Mr. Mead that he was at supper with the Lord Keeper on the 7th of December, and that he fully expected the great promotion. The air was thick with 66 reports" to the same effect. He was found dead in his bed on the morning of the 8th December, cut down, it has been supposed, by apoplexy. Three days 9 Pearce's "Inns of Court," p. 293. |