NOTE Z Z. 



The following is a letter written in the year 1597 from the University of 

 Oxford to Lord Burleigh to induce him to interfere with the Lord Keeper res 

 pecting a pending cause in which the universities were interested. 



If, most honored Sir, the risk to which we are exposed were ours alone, yet 

 from a persuasion of your perfect goodwill to us, and the belief of mutual friend 

 ship we should think ourselves right in invoking your support as readily as that 

 of our own Chancellor. But since the well-being of the other university is 

 assailed by the same danger which involves our interests, we hasten to borrow a 

 share in that succour which your own Cambridge claims from you, that those 

 who are united in one danger may conjoin their resources for the common 

 cause. A deputation of our members has attended, by order of the court of 

 Chancery, where, as they were bound to do, they pleaded the privilege of the 

 university to the jurisdiction, and asked that by the favour of the court, they 

 might be relieved from the necessity of leading evidence in any public trial, 

 and permitted to settle the disputed points, after the antient manner, at home. 

 Their plea was so little regarded that while the validity of the privilege was un 

 deniable, they made their reports to us that the matter must be tried in the 

 usual course. The answer having been repeatedly returned our most honorable 

 chancellor at our earnest desire dealt with the illustrious lord keeper to appoint 

 a day in which he should be at liberty to take cognizance of our cause, and to 

 decide upon it, thinking that whether the decision should accord with our 

 wishes or disappoint them, it was still no small object to ascertain as soon as 

 possible what we had to expect. Each ought to have that committed to him 

 which he is best fitted to administer, and our distinguished chancellor has pro 

 mised, so far as he is concerned, that though prevented from interfering, by 

 having in some measure a common interest in the cause, he will exert himself 

 to bring the dispute to an equitable determination. But your lordship has a 

 free access to solicit for your friends where the cause is not your own ; and we 

 therefore the more earnestly conjure you to endeavour to conciliate in our favor 

 that noble person, the Lord Keeper; and, with your wonted and unequalled 

 skill and influence, to obtain for us on the day whereon the honorable court 

 shall grant us a hearing, a prompt and fair decision. Which trouble, if you 

 consent to take upon you, you will render no less a favor to Cambridge than to 

 us, and shall bind us as closely to you as are your friends its members. We 

 wish you, most honorable Sir, all health, and that you may long live for your 

 country and for us. Given the 12 February, 1597. 



. For the Most Honorable Baron Burleigh, High 

 Treasurer of England, Privy Counsellor to 

 the Queen s Majesty : These. 



. $ac. ISefore ISacon teas Chancellor. 



The influencing a judge out of court seems at that period scarcely to have 

 been considered improper. A short time before Sir Francis was appointed Lord 

 Keeper, Sir Edward Coke had incurred the royal displeasure. The King, 

 anxious to convict one Peacham, but doubting the issue of a trial, ordered his 

 attorney general to sound the judges upon it, and gather their opinions privately 

 before he instituted a public prosecution. &quot; I will not thus declare what may 

 be my judgment by these auricular opinions of new and pernicious tendency, 

 and not according to the customs of the realm,&quot; was the answer of Sir Edward 

 Coke. 



A cause against the Bishop of Litchfield, respecting a vacant church held in 

 commendam, Serjeant Chiborne, who was council against the bishop, in arguing 

 the case had maintained several positions, reckoned prejudicial and derogatory 

 to the King s supreme and imperial power, which was affirmed to be distinct 

 from, and of a higher nature than his ordinary authority. Informed of this, 

 James peremptorily commanded them to stay all proceedings till his return to 

 London. They were then summoned before the council, and sharply repri- 



