I haue written to the lordes in the behalfe of the howse servitors

here, that they maye be remembered vpon the deuysion and plantation of

the scheated lands in Ulster. I am discreadited amonge them if they

should be forgotten, and sure the plantation woulde be weake w^{th}

out them, for they must be the pyllers to support it. Those that

shall come from thence wyll not affect it in that kynde as these do,

to make it a settlement for them and theirs; and in respect of their

wourthier deserts and paynfull labors, and that I haue vpon my promise

to speake effectually for them preuayled so farre as to staye them

from resortinge thither, w^{ch} they woulde doe in great multitudes

if I woulde haue given way to their desire. I wysh that an honorable

consideration maye be had of them before the diuision be concluded.

I knowe that worke is of great moment and on it dependes much of the

prosperitie, and good estate of the whole kingdome. I haue sayd enough

to one that vnderstandes so well: And so beinge called vpon sooner

then I expected I must end w^{th} the page, but wyll euer be found

Your trewe affected friend

ARTHUR CHICHESTER.

Att Dublyn Castle the 7th of

februarie 1608.

I send here w^{th} the proceedinge of the Court of Kinges bench in

the cause of the Carrolans w^{ch} was violently prosecuted by the l.

of Howth. I send them by reason it is thought by the Judges that the

Baron will exclaime of their proceedinges here.

To my verie wourthie friend Sr John Davis Knight his

Ma^{ties} Attornie in the Realme of Irelande.[31]

[Footnote 31: Carte, as before, Vol. 62, ff. 313-14.]

Two short letters from Bacon--not before printed, having escaped

even Mr. Spedding's Argus-eyes--in the same Carte MSS.--show Davies's

pleasant relations with his great contemporary. They are as follow:--

(I. Carte MS. Vol. 62, ff. 317-18.)

Good Sr Jh. Davies yo^{r} mistaking shall not be imputed to you (for

the difference is not much). Yo^{r} gratulacons for my marrige I take

kyndly. And as I was all waies delighted w^{th} the fruites of yo^{r}

[illegible] so I would be gladde of yo^{r} [illegible] so as you plant

not yo^{r} self to[o] farre of[f]. For I had rather you should be a

laborer than a plant in that State. You giue me no occasion to wryte

longer in that you impart not by yo^{r} l^{rs} any occurrence of

y^{rs}. And so w^{th} my very lov^{g} consid^{n} towards you

I remayne

Yo^{r} assured friend

FR. BACON.

from Graies Inn,

this 26th of Dec. 1606.

To my very good Frend Sr Jh. Davis Knt Attorny g'rall to his M. in

Ireland.

(II. Ibid ff, 328-9.)

Mr. Atturny,

I thanke you for yo^{r} l^{re} and the discourse you sent of this mere

accident, as thinges then appeared. I see manifestly the begynnyng of

better or woorse. But me thinketh it is first a tender of the better,

and woorse foloweth but vpon refusall or default. I would haue been

gladd to see you hear, but I hope occasion restreineth o^{r} meeting

for a vacation when we may haue more fruite of conference. To requite

yo^{r} proclamacon (w^{ch} in my judgment is wysely and seriously

penned) I send you [illegible] w^{h} [illegible] w^{ch} happened to be

in my hands when y^{os} came.

I would be gladde to hear oft from you and to be advertized how

[illegible] passe whereby to haue some occasion to thinke some good

thoughts though I can doe lyttell. At least it wilbe a contynuance in

exercise of o^r frendshippe w^{ch} on my part remayneth increased by

that I hear of yo^{r} service and the good respects I find towards my

self. And so in extreme hast I remayne

Yo^{r} very [illegible] frend

FR. BACON.

from Graies Inn this

23th of Oct. 1607.

To the R. W. his verie Lovinge frende Sr Iohn Dauys

Knight, his Ma^{ties} Atturnye in Irelande.

During one of his 'circuits' in Ireland, he met Eleanor, daughter

of Lord Audley (afterwards Earl of Castlehaven) and was married to

her--though the date has not been traced. Her later years were darkened

with insanity of a strangely voluble type. It is to be feared she was

an ill "help-meet" for her husband. There is pathos, if also inevitable

comedy, in her career--not here to be entered on.[32]

[Footnote 32: See Life to be prefixed to Prose Works for quotations

from her writings in verse and prose, and for further details.]

While intensely occupied with his official duties, Sir John Davies did

not neglect his literary gift. He was making history every year--so

fundamental and permanent was the part he filled in Ireland--but the

Past was gone back on that he might fetch from it monition for the

Present, and hope for the Future. His imperishable book: "A Discourse

of the true reasons why Ireland has neuer been entirely subdued till

the beginning of His Majesty's reign," (4to)[33] will reward the most

prolonged study to-day. It was published in 1612. In the same year

he was made King's Sergeant and also elected M.P. for Fermanagh,

being the first representative for that county in the Irish House of

Parliament. He was likewise chosen to be Speaker of the House; but not

without a characteristically violent struggle between the Catholics

and Protestants.[34] He delivered a notable speech "to the House" on

its opening in 1613.[35] In 1614 he appears in the House of Commons in

England as M.P. for Newcastle-under-Lyne:[36] and his attendance in

England was preparatory to final retirement from Ireland. "Grants of

lands" there from the "forfeitures,"--which, if ever any righteously

acquired, he did[37]--gave him a special interest in Ireland as a

proprietor; but after all, for such a man, at such a time, to be

limited to Ireland, was but a splendid exile. It is not, therefore, to

be wondered at that having practically achieved all, and more than all,

he had been given to do, or himself originated, he sought to return.

It is usually stated (e.g. Chalmers, Woolrych, &c., &c.) that he so

returned in 1616; but it was not until 1619 that he did so finally and

absolutely; for in a letter under date "21 June, 1619," to Buckingham,

he is found still only pleading for retirement and for the transference

of his office to a relative.[38] It is one of the treasures of the

Fortescue MSS, in the Bodleian,[39] and is as follows:

[Footnote 33: See Prose, Vol. II.]

[Footnote 34: See fuller Life, as before, for a complete narrative from

contemporary documents.]

[Footnote 35: Ibid, Vol. III.]

[Footnote 36: Willis's Nat. Parl., Vol. III., p. 173.]

[Footnote 37: In the Life, as before, will be given full details of the

Grants, with a curious paper of his daughter long afterwards making

inquiries as to what had become of the Irish estates, &c., &c.]

[Footnote 38: It will be observed that in the Letter Sir John does

not name the gentleman he wishes to succeed him. It was no doubt Sir

William Ryves, who actually was appointed. The "neere alliance" was

through the family of Mervyn, and is shown in the following details

drawn up for me by Mr. B. H. Beedham, from information communicated by

Mr. J. N. C. Davis, as before:

George Touchet, Earl of Castlehaven ¦ Lucy, d. of Sir James Mervyn,

¦ Fonthill, Wilts.

3-------------------------------^---------------------------2

Sir John Davies Lady Eleanor Touchet Edward Davys

Joan Cave

¦

---------------^------

Matthew Davys ¦Ann d. of

b. 1595 ob. 1678. ¦Edward Mervyn

¦of Fonthill,

¦ob. 8th

¦Nov. 1657.

-------------------------------^

John Ryves of Daunsey Court ¦ Elizabeth d. of John Mervyn

¦ (several children)

6------------------^------------------8th son.

Sir William Ryves settled Sir Thomas Ryves, Master

in Ireland; had numerous in Chancery: Judge of the

appointments, and made Prerogative Court there.

large purchases of estates;

Attorney General.]

[Footnote 39: No. 245. For a notice of the collection from which

the above Letter is for the first time printed, see Preface to "The

Fortescue Papers ... Edited ... by Samuel R. Gardiner, for the Camden

Society (1871). My friend Mr. Gardiner must have overlooked Davies's

important letter.]

My most honored Lord,

I præsent my most humble Thanks to y^{r} L^{p} for præsenting mee

to his Ma^{ty} the last Day, at Wansted; & for y^{r} noble favour

in furthering the suit I then made, as well for mine owne stay in

England, as for my recommending a fitt man to my place of service in

Ireland.

The Gentleman to whom I wish this place now, is much obliged to y^{r}

L^{p} already, & well worthy of y^{r} L^{ps} favours, & besides his

owne worthines (hee being a Reader & Judge of a circuit, of w^{ch}

degree & quality never any before was sent out of England to supply

that place), hee is of neere alliance vnto mee. So as, where there

is concurrence of meritt & kinred, y^{r} L^{p} may conjecture that I

deale w^{th} him like a gentleman & a friend, & not like a marchent.

Albeit I wi^{ll} leave a good place there, w^{th}out any præsent

præferment heer (whereof none of my profession have failed at their

return out of Ireland) I might, perhaps w^{th} some reason expect

some Retribution, to recompence the charge of Transporting my famely

from thence, & of setling it heer in this Kingdome, where I am become

almost an Alien by reason of my long absence.

For this particular favour of transferring my place to so well

deserving a successor, I doo wholly depend vppon y^{r} L^{p} as I

shall euer doo vpon all other occasions, while I live, as one that

have separated my self from all other dependancies, beeing entirely

devoted to doo y^{r} L^{p} all humble & faythful service

Jo: Dauys.

21 Junij 1619.

if my long service may induce favour, y^{r} L^{p} may bee pleased to

looke vppon the noate enclosed.

To the right honorable my very good lord

my lord the Marques of Buckingham, &c.

It is to be regretted that the "noate" of the postscript has not been

preserved. It probably enumerated his public services.

Sir William Ryves succeeded as Attorney-General for Ireland by Patent

dated 30th October, 1619.[40] From 1619 onward, Sir John Davies is

found in the House of Commons (still for Newcastle-under-Lyne) and "on

circuit" as a Judge. His "Charges"--to be given in his Prose Works--as

"one of the Justices of 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.[41]

[Footnote 40: By inadvertence the Patent describes Sir John Davies

as "deceased." Unless used as = departed (from Ireland), or = having

ceased to fill the office, it is a singular oversight.]

[Footnote 41: In the Life, as before, his appearances in Parliament

will be noted and illustrated.]

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:

Sweet Robin, for a few sweet words, a client of mine hath presented me

w^{th} 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 w^{th} standing, the best vse that I can make of it, is to

preesent you w^{th} 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 w^{th} 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^{r} self speedily well, that I may have your

company towards Cambridge, from whence I will go w^{th} 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, w^{ch} 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.

Y^{rs} all & ever

J. Dauis.

(Endorsed) To my worthy friend

Rob: Cotton esquier.

A second letter runs thus, from MSS. Cotton: Julius C. III., p. 32:--

Noble S^{r} 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 w^{ch} is no newes, that is, that I love you,

& hold a kind & dear memory of you.

according to my promise to y^{r} self & Mr. Solliciter of England

who is now, I hear, a Judge, I have caused this bearer to draw some

Mapps of o^{r} principal 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 m[=a] & of y^{r} owne Name. I hear not yet of

y^{e} Antiquities out of Cumberland; if they be brought hither I will

take care to transmitt th[=e] to London, & so in speciall hast, being

ready to go my circuit ov^{r} all Munster I leave you to y^{e} divine

p'servation.

Y^{s} to do you Service,

Io: Dauys.

Dublin 4 Martij 1607.

I desire to be affectionately remembred to Mr.

Justice Doddridge & Mr. Clarencieux.

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. It is entitled in the first

issue, which was posthumous[42]--"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.)

[Footnote 42: Woolrych, as before, splits the one work into several,

and mistakes MSS. of it for distinct works. Vol. I., pp. 209-10.]

This historically-memorable treatise has already been reproduced in the

Prose Works.[43] Elsewhere I examine it critically.[44] 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

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 Chief-Justiceship. 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,[45] and that he fully expected the great promotion. The air

was thick with "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 after, he was interred in S. Martin's Church,

London. Later a double inscription for himself and his widow (who was

re-married to Sir Archibald Douglas,) long hung on the third pillar,

near the grave. The original Latin, with our translation, are as

follow:[46]--

[Footnote 43: Vol. III., pp. 1-116.]

[Footnote 44: In the fuller Life, as before.]

[Footnote 45: Pearce's "Inns of Court," p. 293.]

[Footnote 46: See Stow's "Environs of London," by Strype, Book VI., p.

72. But our text of the Inscriptions is from the Carte MSS. Dr. E. F.

Rimbault's MS. in the autograph of John Le Neve, as published in Notes

and Queries, 1st series, Vol. V., p. 331, is inexplicably imperfect and

blundering.]

D. O. M. S.

Johannes Davys Equestris ordinis quondam Attornati

Regii Generalis amplissima prudentiâ in regno

Hyberniæ functus, inde in patriam revocatus

inter servientes Domini Regis ad Legem primum

Locum obtinuit; post varia in utrone munere præ

clare gesta ad ampliora jam designatus, repente

spem suorum destituit suam implevit ab humanis

honoribus ad c[oe]lestem gloriam evocatus

Ætatis anno 57.^{o}

Vir ingenio compto, rarâ facundiâ

Oratione cum solutâ tum numeris restrictâ

Felicissimus.

Juridicam severitatem morum elegantiâ et ameniore eruditione temperavit.

Iudex incorruptus; Patronus fidus

Ingenuæ pietatis amore et anxiæ superstitionis contemptu

Iuxta insignis.

Plebeiarum animarum in religionis negotio

Pervicacem [Greek: mikropsuchian] ex edito despiciebet

Fastidium leniente miseratione.

Ipse magnanimè probus, religiosus, liber, et c[oe]lo admotus

Uxorem habuit Dominam Eleanoram Honoratissimi

Comitis de Castlehaven Baronis Audley filiam

Unicam ex eâ prolem superstitem hæredem reliquit

Luciam illustrissimo Ferdinando Baroni

Hastings Huntingdoniæ Comiti nuptam.

Diem Supremam obiit 8^{o} idus Decembris

Anno Domini 1626.

Apud nos exemplum relinquens, hic resurrectionem justorum expectat.

Accubat dignissimo marito incomparabilis uxor

Quæ illustre genus

Et generi pares animos

Christianâ mansuetudine temperavit

Erudita super sexum

Mitis infra sortem

Plurimis Major

Quia humilior

In eximiâ formâ sublime ingenium

In venustâ comitate singularem modestiam

In femineo corpore viriles animos

In rebus adversissimis serenam mentem

In impio sæculo pietatem et rectitudinem inconcussam

Possedit.

Non illi robustam animam aut res lauta laxavit, aut

Angusta contraxit, sed utramque sortem pari vultu

Animoque non excepit modo sed rexit

Quippe Dei plena cui plenitudini

Mundus nec benignus addere

Nec malignus detrahere potuisset

Satis Deum jamdudum spirans et sursum aspirans sui

Ante et Reip. fati præsaga, salutisque æternæ certissima

Ingente latoque ardore in Servatoris dilectissimi sinum

Ipsius sanguine lotam animam efflavit

Rebus humanis exempta immortalitatem induit

III. Non. Quintilis Anno Salutis 1652.

Ps. 16. 9.

Etiam caro mea habitat securè quà non es

Derelicturus animam meam in sepulchro.

D(eo) O(ptimo) M(aximo) S(acrum)

To God the Best and Greatest: Sacred.

John Davys of knightly rank, having formerly

discharged with prudence the highest duties of

King's Attorney General in the realm of Ireland:

thence having been recalled to his own country,

secured the first place among the servants

of his lord the King, at the Law. After various

services nobly rendered in each office, being now

nominated to more distinguished (appointments)

he suddenly frustrated the hope of his friends

but fulfilled his own--being called away

from human honours to celestial glory,

in the year of his age 57.

A man for accomplished genius, for uncommon

eloquence, for language whether free or bound

in verse,

Most happy.

Judicial sternness with elegance of manners

and more pleasant learning

he tempered.

An uncorrupt Judge, a faithful Patron

For love of free-born piety and contempt of fretting superstition

alike remarkable.

He looked down from on high on the obstinate narrowness

of plebeian souls in the matter of religion,

pity softening his disdain.

Himself magnanimously just, religious, free, and moved by heaven,

Had for wife the Lady Eleanor of the Right Honble.

Earl of Castlehaven, Baron Audley, daughter:

His only surviving offspring by her he left as heiress,

Lucy, to the most illustrious Ferdinand Baron

Hastings, Earl of Huntingdon, married.

He spent his last day the 8th December

In the year of our Lord 1626.

With us leaving an example: here for the resurrection

of the Just, he waits.

* * * * *

Near to her most worthy husband lies his incomparable Wife:

Who her illustrious birth

And spirit equal to her race

With Christian mildness tempered.

Learned above her sex,

Meek below her rank,

Than most people greater

Because more humble,

In eminent beauty She possessed a lofty mind,

In pleasing affability, singular modesty:

In a woman's body a man's spirit,

In most adverse circumstances a serene mind,

In a wicked age unshaken piety and uprightness.

Not for her did Luxury relax her strong soul, or

Poverty narrow it: but each lot with equal countenance

And mind, she not only took but ruled.

Nay she was full of God, to which fulness

Neither a smiling world could have added,

Nor from it a frowning world have taken away.

Now for a long time sufficiently breathing of God

and aspiring above, of her own

And the Commonwealth's fate divining beforehand,

And most sure of Eternal Salvation

With a mighty and huge ardour into her Beloved Saviour's

breast, She breathed forth her soul washed in His own blood.

Taken away from things human she put on immortality

on the fifth of July, in the year of Salvation, 1652.

Ps. 16. 9.

My flesh also dwells securely because Thou wilt not

leave my soul in the sepulchre.

One is willing to accept the "golden lies" of these Epitaphs in either

case.

Sir John Davies had several children. One, who was semi-idiotic, was

drowned in Ireland. Others alleged to have been born, have not been

traced. His daughter Lucy, of the Inscriptions, and by whom, no doubt,

they were procured, became famous in her generation as Countess of

Huntingdon. We have to deplore that while we have a fine portrait

of her, none, as yet, has been found of her Father. His Will and

Charities, and their singular after-history, will be given in my fuller

Life (as before). Pass we now to

II. CRITICAL.

I shall limit myself in this second half of the Memorial-Introduction

to a brief statement and examination of certain characteristics of

the Poetry of Sir John Davies--the limitation being imposed by the

contents of the present volumes.[47] There are Poets whose truest and

most certain fame rests on so-called minor poems; and yet commonly

their bulkier productions have over-shadowed these. From Milton to

Wordsworth it is to be lamented that to the many they should be

represented by "Paradise Lost" and "The Excursion"; or to descend,

that Thomas _Campbell_ and Samuel _Rogers_ should have so hidden

behind their "Pleasures of Hope" and "Pleasures of Memory" their rare

and real faculty as Poets--for while in the larger poems of Milton

and Wordsworth there is of the imperishable stuff that only genius

of a lofty type weaves, it is rather (_meo judicio_) in "purple

patches" than in the web as a whole. In Milton and Wordsworth you do

not read them at their high_est_ in their Epics but in their shorter

poems; while Campbell and Rogers should long since have died out of

men's hearts had they left nothing behind them save the smooth and

prize-poem-like common-places of their "Pleasures." In Milton the

remark requires modification, for only in "Paradise Lost" has he put

forth to uttermost daring his Imagination--than which no writer of

all time has approached him for grandeur of vision and splendour of

utterance. But substantially I think that those capable of discernment

will agree with me that if Time may shut and leave unread except by

an elect few, many pages of the 'great' and volume-filling poems, the

lesser will assuredly draw more and more homage, and abide the regalia

of our Literature.

The Complete Poems of Sir John Davies. Volume 1 of 2. · 第 2 / 14 段