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Number II.
Mr. Nicolas Bacon, Counsellor at Law, to Parker, Dean of

Stoke college ; in answer to certain cases put to him re-
lating to the said college.
MASTER Dean, I have me hartily commended to you, E MSS. C.

C.C. C.
and to al my masters with you, certifying you how Mr. Miscella
Pory and your servant were both with me. By whom I was 0.
enformed of such matters as you would have a further advice
in. I received and read your evidences, and considered
your questions ; wherein you seem to have had counsil of
a lawyer, or els I wit very fit for the law.

First, as concerning Mr. Colt, for any thing that I can se, or any that I have shewed it to, (and I have shewed it to divers,) you may sue him clear without danger, inasmuch as of him you demanded nothing. His co-executor you cannot sue by this indenture, for that he never sealed. Without the evidence lieth no action of debt. Therefore it is but a bare agreement, upon which an action is not maintainable. For though I see, and be ful agreed with to take ten pounds for such wrongs as he hath don to me, yet of this agreement lieth no action, except I have his seal and writing.

Further, as touching Gilbert's evidence for the rent addressed before the death of your predecessor, you ought not to have it, but his executors. Because this was a debt in him during his life, by reason of a lease made by himself without the Chapter. And then that which is a debt in the testator must needs go to his executors, though the words be to him and his successors ; like an obligation made to a man and his heirs, yet the executors shall have it.

As for the other five pounds, which was behind in your time, divers that be learned be in several opinions, whether by the common law you have any remedy. Howbeit one Mr. Colys, a friend of mine, shewed me, how the last term he brought such an action for his friend for rent that was




BOOK behind after the death of that predecessor, and how Mr.

Fitz-Herbert, the Judge, was in clear opinion, how neither the .
successor nor the executors had no remedy by the common ::
law. For to be more sure of this, I went to Westminster, .
and there I moved this question to our Lord Chief Judge,
who was of the same mind. And their reason is this : If.
you should have an action, it must be by reason of a lease,
and you your self made him none. And the lease made by
your predecessor is clearly determined by his death. And
so your action clearly faileth.

Seeing therefore that these Judges (in whose judgment,
if you sue, your matter must depend) be of this opinion, al-
though it may be that their opinion may alter, yet I would
not advise you, nor no friend I have, to attempt the law
in it.

Of the other side, in conscience it seems against us clear that you ought to recover it, considering how the executors have no title. No, not though the lease were not determined. For some say, that they be not intituled to have nothing by that spiritual custom, but the profits of the tithes in possession, (and not rent reserved,) and the other profits of the lands in his possession at his death. And admit he should have it of a Parson, because by this they are bound to keep the cure served sufficiently; yet of a Dean that is Parson, in Parsons whose cure is served, because commonly he hath a Vicar, it seemeth to be otherwise. In this the old usage doth much. But in reason it seems, that. if the custom commenced upon this cause, that thus it should be.

Also some men say, how the spiritual law bindeth not our common law: but of that I doubt. . 5 Again, the tenant Gilbert hath no right to have the profits of lands that be none of his from yielding a rent. Inasmuch therefore as you are charged for these profits to the King, it were against al conscience, but that the tenant should be. accomptant to you of them. And thus though the common law have appointed you no remedy, yet before my Lord : : Chancellor you ought to have good remedy in conscience.


I have enquired, but I can meet with none that have BOOK had experience in like case. Al this I mean for the rent adrered in your time. No more can I shew you in these matters. But if there be any other thing that my diligence or my friends may do you any pleasure in, I pray you either send or write, and it shal be ready. Mr. Dean, I trow, in this matter shal try my promise. Thus fare you wel, and Mr. Pory also, and al my other good masters. Written of Saint Erkenwald's day in haste,

Yours, N. B.

I say and pray ye speak wel by the law til I next meet

with you, though it appear by my letter, that consci-
ence and the law stand subcontrary in figurâ. The
reason of that craveth a quire of paper at the least. I
leave it therefore for a further leisure.

Number III.
Dr. Parker, Dean of Stoke, to Dr. Stokes, an Augustin

Friar in Norwich, who came into those parts to undermine
his doctrine.

IN my harty'manner, Mr. Doctor, I commend me unto you. E Biblioth. And this shal be to signify unto you, that forasmuch as ye Miscellan.

C. C. C. C. informed me that ye be come from Norwich to be here re-0. sident at Clare, I thought it convenient to write thus much following unto you, which I do of no other mind, but of charity and zele towards the glory of God in his word: secondly, of my duty towards my Prince, and of love towards his subjects in this quarter, for their quietness and contentation, so far as God's truth may bear it: and finally, of a mind considering your own behoof and cause.

Sir, I presuppose, that at your leisure otherwhiles, ye shal hereafter be occasioned to go abroad to preach, and to speak your judgment, as time and place shal serve you. Which endeavour of your party, as of al others in this bėhalf, I cannot only favour and commend, but as my little

BOOK power shal serve me, so shal I do my best to set it forward I.

at al times and occasions : knowing that there can be no better service to God, than sincerely to declare his wil and plesure ; no sacrifice more acceptable, than to convert the hearts of his reasonable creatures in true faith and knowledg of him. And no ways better can we deserve of the commonwealth, than by our diligence to continue the commons in a quiet subjection and obedience towards their governors, and to further love and peace among themselves. Which duty belonging to the Minister of God's word, I have done my best to perform since my first coming into this country, and have bestowed some lawbur about it, and do yet, according to my vocation, intend to continue by the help of God, &c.

Now, Sir, my only purpose to you at this time is, to require you, if that my foresaid endeavour hitherto seem allowable unto you and your party, with the gift and talent of doctrine committed to your dispensation, to further it and to set it forward, and to attempre your speech in such wise, that ye may be thought to consider rather the truth, than private affection and custom. If ye should go about to sugil and to decoy the truth, which I have, I trust and am assured, spoken; and I again should lawbur to use invectives against you; we should learn our audience but envy, discord,

and dissension ; we should offend God to abuse our office of 6 peace to the slaunder of others, and consume our time in

matters of controversy of our own, where otherwise it should be spent in edification of those to whom we speak. We should by our disagrement raise a rore and a schism in the people, and cause a murmur and a parts-taking among themselves. Which inconveniences to foresee aforehand, and to provide for the avoiding of them, it were meet we should. For many times of such smal sparks rise great commotions in the people : which once risen, is not so easily ceased and stayed again.

Ye know what diligence our Sovereign Lord the King's Grace bestoweth daily, to reduce his people committed to his charge, from their manifold blindness and superstition they were in, to the truth, and right worship of God. It

were meet for us that be speakers to the people, to further BOOK his most godly purpose, not with covert inventions to labefact the credence of the people, and so to hatch privy rebellion and evil wil to his proceedings; not with ambiguous sophistication to fortify their misframed judgments. Ye know of late what dangers hung over the whole realm by wilful opinions, and sturdy disobedience, blown into them by secret dissimulation of some certain in corners, who have now their deserved reward according to their privy malice. Peradventure, some there be that wil be glad, and desire to hear you allow their old trade and superstitiu, and papistical dregs, whereby in very deed ye should do some a great plesure. But then again ye should dishonour God in abusing that office, which without al other respects should denounce the truth; ye should work against your Prince's purpose ; ye should in conclusion work utter destruction of that mad and wilful people, both in their souls and bodies : which should take courage by your words to utter the more boldly their evil-willing harts, and so to speak their own confusion, to be taken in their own words, and have their deserving judged upon them.

I think it were meet, seeing we see the people so much bent to their customed inventions, to give them no maintenance by our qualifications, to continue them stil therin. I would desire, Mr. Doctor, that we should proceed eadem regula, ut simus concordes, ut eodem spiritu ambulemus, ut uno corde glorificemus Deum, et patrem Domini nostri Jesu, &c. And so doing our diligence, and spending our time, we should do good service to God, and to our Prince, and to our country.

I know that certain hath had some grudge toward me. The ground whereof, and the cause, I know very wel. Notwithstanding, I stand not in such despair of the obedience of the people in this quarter, but that with good and discreet calling on they might be soon appeased, and more indifferently hear that which sometime was intolerable unto them. I would be loth now that any man should enter to imbecil the thing which they be towards, concerning the obedience of God's

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