ship, that I may now let your lordship understand CCXVIII. TO THE MARQUIS OF BUCKING- his Majesty's good conceit and acceptation of your HAM.* service, upon your discourse with him at Windsor, which though I heard not myself, yet I heard his Majesty much commend it both for the method and the affection you showed therein to his affairs, in such earnest manner, as if you made it your only study and care to advance his Majesty's service. And so I rest MY VERY GOOD LORD, I SEND his Majesty a volume of my lord of Bangor's and my lord Sheffield, whereof I spake when I left his Majesty at Theobald's. His Majesty may be pleased, at his own good time and pleasure, to cast his eye upon it. I purpose at my coming to London to confer with the chief justice as his Majesty appointed: and to put the business of the pursevants in a way, which I think will be best by a commission of oyer and terminer; for the starchamber, without confession, is long seas. I should advise that this point of the pursevants were not single, but that it be coupled in the commission with the offences of keepers of prisons hereabouts: it hath a great affinity; for pursevants are but ambulatory keepers, and it works upon the same party, of the papists; and it is that wherein many of his Majesty's and the council's severe charges have been hitherto unfruitful; and it doth a great deal of mischief. I have some other reasons for it. But of this it will be fittest to advertise more particularly, what I have resolved of on advice, upon conference with the chief justice. I am wonderful glad to hear of the king's good health. God preserve his Majesty and your lordship. I ever rest FR. VERULAM, CANC. Gorhambury, this last of July, 1619. CCXIX. TO THE LORD CHANCELLOR.t MY HONOURABLE LORD, Your lordship hath sent so good news to his Majesty, that I could have wished you had been the reporter of it yourself; but seeing you came not, I cannot but give you thanks for employing me in the delivering of that which pleased his Majesty so well, whereof he will put your lordship in mind, when he seeeth you. I am glad we are come so near together, and hoping to see you at Windsor, I rest Your lordship's faithful friend and servant, 29 Aug. 1619. I wrote to your lordship by my last, that I hoped by the care I had taken, the business would go well, but without that care I was sure it would not go well. This I meant because I had had conference with the two chief justices, Sir Edward Coke being Your lordship's most obliged friend and faith- present, and handled the matter so, that not without much ado I left both the chief justices firm to the cause and satisfied. ful servant, CCXX. TO THE LORD CHANCELLOR.‡ MY HONOURABLE LORD, As I was reading your lordship's letter, his Majesty came, and took it of my hands, when he knew from whom it came, before I could read the paper enclosed and told me that you had done like a wise counsellor first setting down the state of the question, and then propounding the difficulties, the rest being to be done in its own time. I am glad of this occasion of writing to your lord• Stephens's Second Collection, p. 95. + Ibid. p. 96. Your lordship's faithful friend and servant, Wanstead, 9 Sept. 1619. CCXXI. TO THE MARQUIS OF BUCKINGHAM.§ MY VERY GOOD Lord, I THINK it my duty to let his Majesty know what I find in this cause of the ore tenus. For as his Majesty hath good experience, that when his business comes upon the stage, I carry it with strength and resolution; so in the proceedings I love to be wary and considerate. But calling to mind that in the main business, notwithstanding I and the chief justices went one way, yet the day was not good, and I should be loth to see more of such days, I am not without some apprehension. For though we have Sir Edward Coke earnest and forward, insomuch as he advised the ore tenus, before I knew it at Wanstead, and now bound the Dutchmen over to the star-chamber, before I was made privy; unto both which proceedings I did nevertheless give approbation; yet if there should be either the major part of the votes the other way, or any main distraction, though we bear it through, I should think it a matter full of inconvenience. But that which gives me most to think, is the carriage of Mr. Attorney, which sorteth neither with the business, nor with himself: for, as I hear from divers, and partly perceive, he is fallen from earnest to be cool and faint: which weakness, if it should make the like alteration at the bar, it might overthrow the cause. All the remedy which is in my power, is by the advice of the judges to draw some other of the learned counsel to his help; which he, I know, is unwilling with, but that is all one. This I thought it necessary to write, lest the king should think me asleep, and because I know that But I for my part mean to go on roundly; and so his Majesty's judgment is far better than mine. I ever rest If the king in his great wisdom should any ways | proceeding, nor to move his Majesty in that which incline to have the ore tenus put off, then the way were to command that the matter of the ore tenus should be given in evidence, by way of aggravation in the main cause. And it is true, that if this precursory matter goeth well, it giveth great entrance into the main cause; if ill, contrariwise, it will do hurt and disadvantage to the main. CCXXII. TO THE LORD CHANCELLOR.* MY HONOURABLE LORD, THE news of this victory hath so well pleased his Majesty, that he giveth thanks to all; and I among the rest, who had no other part but the delivering of your letter, had my part of his good acceptation, which he would have rewarded after the Roman fashion with every man a garland, if it had been now in use; but after the fashion of his gracious goodness, he giveth your lordship thanks: and would have you deliver the like in his Majesty's name to Sir Edward Coke, and the judges. Your news which came the first, gave his Majesty a very good breakfast, and I hope his health will be the better after it. Your lordship's faithful friend and servant, 14 Oct. 1619. | was before us in course of justice: unto which, being once propounded by me, all the lords and the rest una voce assented. I would not so much as ask the question, whether, though we proceeded, I should send the letter to his Majesty, because I would not straiten his Majesty in any thing. CCXXIV. TO THE LORD CHANCELLOR.§ MY HONOURABLE LORD, This letter was indorsed, I HAVE received your letters by both your servants, and have acquainted his Majesty with them, Thanks on the success in the ore tenus against the who is exceedingly pleased with the course you have Dutch. held in the earl of Suffolk's business, and holdeth himself so much the more beholden to you, because you sent the letter of your own motion, without CCXXIII. TO THE MARQUIS OF BUCKING. order or consent of the lords, whereby his Majesty Your lordship's faithful friend and servant, MY VERY GOOD LORD, THESE things which I write now and heretofore in this cause, I do not write so as any can take knowledge that I write; but I despatch things ex officio here, and yet think it fit inwardly to advertise the king what doth occur. And I do assure your lordship, that if I did serve any king whom I did not think far away wiser than myself, I would not write in the midst of business, but go on of myself. This morning, notwithstanding my speech yesterday with the duke,‡ he delivered this letter enclosed, and I having cleared the room of all save the court and learned counsel, whom I required to stay, the letter was read a little before our hour of sitting. When it was read, Mr. Attorney began to move, that my lord should not acknowledge his offences as he conceived he had committed them, but as they were charged; and some of the lords speaking to that point, I thought fit to interrupt and divert that kind of question; and said, before we considered of the extent of my lord's submission, we were first to consider of the extent of our own duty and power; for that I conceived it was neither fit for us to stay + Ibid. " Stephens's Second Collection, p. 99. + Of Lenox. The evidence went well, I will not say I sometime holp it, as far as was fit for a judge; and at the rising of the court, I moved their lordships openly, whether they would not continue this cause from day to day till it were ended; which they thought not fit, in regard of the general justice which would be delayed in all courts. Yet afterwards within I prevailed so far, as we have appointed to sit Wednesday, Thursday, and Friday, and to sit by eight of the clock, and so to despatch it before the king come, if we can. God preserve and prosper you. I ever rest Your lordship's most obliged friend and faithful servant, FR. VERULAM, CANC. This 22 October, Friday at 4 of the clock, 1619. Royston, 23 Oct. 1619. Indorsed thus, On my lord of Bucks enclosing a letter of submission from my lord of Suffolk. CCXXV. TO THE MARQUIS OF BUCKING- MY VERY GOOD LORD, My lord of Suffolk's cause is this day sentenced. $ | be omnibus omnia, as St. Paul saith, to set forward his Majesty's service. Edward Coke did his part, I have not heard him do better, and began with a fine of 100,000l. but the judges first, and most of the rest, reduced it as before. I do not dislike that things passed moderately; and, all things considered, it is not amiss, and might easily have been worse. There was much speaking of interceding for the king's mercy which, in my opinion, was not so proper for a sentence. I said, in conclusion, that mercy was to come ex mero motu, and so left it: I took some other occasion pertinent to do the king honour, by showing how happy he was in all other parts of his government, save only in the manage of his treasure by his officers. I have sent the king a new bill for Sussex; for my lord of Nottingham's certificate was true, and I told the judges of it before; but they neglected it. I conceive the first man, which is newly set down, is the fittest. God ever preserve and prosper you. Your lordship's most obliged friend and ful servant, FR. VERULAM, CANC. Nov. 13, 1619. CCXXVI. TO THE MARQUIS OF BUCKING- But after dinner my lords were troubled about it, and after much dispute we have agreed to confer silently and sine strepitu to-morrow, and set all straight, calling the judges, and the learned counsel, with whom I have spoken this evening, I think, to good purpose. For in good faith, I am fain to Stephens's Second Collection, p. 103. I VOL. II. I discern a kind of inclination to take hold of all accidents to put off the cause, whereunto neither I shall give way, nor I hope his Majesty; to-morrow, if cause be, I shall write more, but I hope all shall be well. I ever rest MY VERY GOOD LORD, I HAVE Conferred with Sir Lionel Cranfield, ac faith-cording to his Majesty's special commandment, touching two points of value, for the advancement, the one present, the other speedy, of his Majesty's CCXXVII. TO THE MARQUIS OF BUCKING- revenue. The first is of the currants, to restore the imposition of five shillings sixpence, laid in the late queen's time, and drawn down unduly, to serve private turns, to three shillings four pence; which will amount to above three thousand pounds yearly increase. MY VERY GOOD Lord, I Do not love to interlope by writing in the midst of business; but because his Majesty commanded me to acquaint him with any occurrence which might cross the way, I have thought fit to let his Majesty know what hath passed this day. This day, which was the day set down, the great cause of the Dutchmen was entered into. The pleading being opened, and the case stated by the counsel; the counsel of the defendants made a motion to have certain examinations taken concerning the old defendants suppressed, because they were taken since the last hearing. I set the business in a good way, and showed they were but supplemental, and that at the last hearing there were some things extrajudicial alleged ad infirmandum conscientiam judicis, and therefore there was more reason these should be used ad informandum conscientiam judicis, and that there was order for it. The order was read, and approved both by the court, and the defendants' own counsel; but it was alleged, that the order was not entered time enough, whereby the defendants might likewise examine: wherein certainly there was some slip or forgetfulness in Mr. Attorney or Brittain that followed it, which I wish had been otherwise; yet it CCXXVIII. TO THE MARQUIS OF BUCKINGwent fair out of the court. HAM.‡ The other is of the tobacco, for which there is offered 2000/. increase yearly, to begin at Michaelmas next, as it now is, and 3000l. increase, if the plantations of tobacco here within land be restrained. I approve in mine own judgment both propositions, with these cautions: That for the first the farmers of the currants do by instrument under their seals relinquish to the king all their claim thereto by any general words of their patent. And for the second, that the bargain be concluded and made before the proclamation go forth; wherein perhaps there will occur some doubt in law, because it restraineth the subject in the employment of his freehold at his liberty. But being so many ways pro bono publico, I think it good enough. His Majesty may therefore be pleased to write his letter to the commissioners of the treasury, signifying his Majesty's pleasure directly in both points to have them done, and leaving to us the consideration de modo. God ever prosper you. I rest Your lordship's most obliged friend and faithful servant, FR. VERULAM, CANC. Nov. 22, 1619. MY VERY GOOD LORD, I SEND the submission of Sir Thomas Lake, drawn in such form as upon a meeting with me, of the chief justice and the learned counsel, was conceived agreeable to his Majesty's meaning and directions; + Ibid. p. 104. Ibid. p. 105. The marquis of Buckingham writes that he had acquainted his Majesty with this letter, who commanded him to give the lord chancellor thanks for his speed in advertising those things that pass, and Your lordship's most obliged friend and faithful for the great care he ever seeth his lordship has in his service. servant, FR. VERULAM, CANC. yet lest we should err, we thought good to send it to his Majesty. It is to be returned with speed, or else there will be no day in court to make it. God bless and prosper you. I rest 28 Nov. 1619. CCXXIX. TO THE LORD CHANCELLOR.* Mr HONOURABLE LORD, I HAVE acquainted his Majesty with your lordship's letter, and with the submission you sent drawn for Sir Thomas Lake, which his Majesty liketh well; and because he served him in so honourable a place, is graciously pleased that he maketh submission in writing, so that my lady of Exeter be contented and the lords, whom his Majesty would have you acquaint therewith. And so I rest Your lordship's faithful friend and servant, Newmarket, 29 Nov. 1619. CCXXX. TO THE MARQUIS OF BUCKING- I shall write not so good news as I would, but better than I expected. We met amongst ourselves to-day, which I find was necessary, more than convenient. I gave aim that the meeting was not to give a privy verdict, or to determine what was a good proof or not a good proof, nor who was guilty or not guilty, but only to think of some fit proportion of the fines, that there mought be less distraction in the sentence, in a cause so scattered. Some would have entered into the matter itself, but I made it good, and kept them from it. I perceive the old defendants will be censured, as well as the new, which was the gole, and I am persuaded the king will have a great deal of honour of the cause. Their fines will be moderate, but far from contemptible. The attorney did very well to-day; I perceive he is a better pleader than a director, and more eloquent than considerate. Little thinks the king what ado I have here, but I am sure I acquit my trust. To-morrow I will write particularly. God ever preserve you. Your lordship's most obliged friend and FR. VERULAM, CANC. Tuesday afternoon, this 7th Dec. 1619. * Stephen's Second Collection, p. 106. CCXXXI. TO THE LORD CHANCELLOR.‡ MY LORD, His Majesty having seen in this great business your exceeding care and diligence in his service by the effect which hath followed thereupon, hath commanded me to give you many thanks in his name, and to tell you that he seeth you play the part of all in all, &c. MY VERY GOOD LORD, To keep form, I have written immediately to his Majesty of justice Croke's death, and send your MY VERY GOOD LORD, WE sentence to-morrow, but I write to-day, be- lordship the letter open, wishing time were not lost. cause I would not leave the king in suspense. God preserve and prosper you. Your lordship's ever, + Ibid. 24 Jan. 1619. FR. VERULAM, CANC. CCXXXIII. TO THE MARQUIS OF BUCKING. 10 Feb. 1619. MY VERY GOOD LORD, I DOUBT not but Sir Giles Montpesson advertiseth your lordship how our revenue business proceeds. I would his Majesty had rested upon the first names; for the additionals, specially the exchequer man, doth not only weaken the matter, but weakeneth my forces in it, he being thought to have been brought in across. But I go on, and hope good service will be done. For the commissions to be published in the starchamber, for which it pleaseth his Majesty to give me special thanks, I will have special care of them in time. God ever prosper you. Your lordship's most obliged friend and faithful servant, FR. VERULAM, CANC. CCXXXIV. TO THE KING.. MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, ACCORDING to your commandment, we met together yesterday at Whitehall, and there consultedness, what course were fittest to be taken now in this business of your Majesty's attorney-general, both for the satisfying your own honour, as also for calling in the late exorbitant charter of the city; which are the two ends, as we conceive, that your Majesty proposed unto yourself. To effect both which, we humbly presume to present thus much unto your Majesty as our opinion. First, that an information be put into the star-chamber, as we formerly advised, against your attorney as delinquent, against the mayor, &c. as interested, CCXXXVI. TO THE MARQUIS OF BUCKINGand against the recorder also, mixtly with some touch of charge. HAM.+ MY VERY GOOD LORD, THE tobacco business is well settled in all points. For the coals, they that brought the offer to secretary Calvert, do very basely shrink from their words; but we are casting about to piece it and perfect it. The two goose-quills Maxwell and Alured have been pulled, and they have made submissions in that kind which the board thought fit: for we would not do them the honour to require a recantation of their opinion, but an acknowledgment of their presump tion. That the submission by letter offered by Mr. Attorney is no way satisfactory for your Majesty's honour; but is to be of record by way of answer, and deduced to more particulars. That any submission or surrender of the patents by the city should be also of record in their answer; and no other can be received with your Majesty's honour, but by answer in court: the same to come merely of themselves, without any motion on your Majesty's behalf directly or indirectly; which being done in this form, it will be afterwards in your Majesty's choice and pleasure to use mercy, and to suspend any farther proceedings against your attorney. That it is of necessity as well for the putting in of this information, as for your Majesty's other urgent and public services in that and other courts, to have a sequestration presently of your attorney, and a provisional commission to some other, during your Majesty's pleasure, to execute that charge. For both which, instruments legal shall be provided as soon as your Majesty's pleasure is known. To which we humbly and dutifully submit our advice and opinion, beseeching God to bless your Majesty's sacred person with continuance and increase of much health and happiness: wherewith, humbly kissing your royal hands, we rest cery for setting down of causes. And because the gentleman telleth me, the king thought my certificate a little doubtful; he desired me to write to your lordship, touching my approbation more plainly. It is true, that I conceive it to be a good busiand will be for the service of the court, and ease of the subject; I will look it shall be accompanied with good cautions. We ruffle over business here in council apace, and I think to reasonable good purpose. By my next I will write of some fit particulars. I ever rest Your most obliged friend and faithful servant, June 21, 1620. MY VERY GOOD LORD, I HAVE lately certified his Majesty on the behalf of Sir George Chaworth, by secretary Calvert, touching the place of a remembrancer in the chan• Stephens's Second Collection, p. 109. † Ibid. p. 110. His Majesty doth very wisely, not showing much care or regard to it, yet really to suppress their licentious course of talking and writing. My old lord Burghley was wont to say, that the Frenchman when he hath talked, he hath done; but the Englishman when he hath talked, he begins. It evaporateth malice and discontent in the one, and And therefore upon some kindleth it in the other. The fit occasion I wish a more public example. king's state, if I should now die and were opened, would be found at my heart, as queen Mary said of Calais we find additionals still, but the consumplution, passing by at once all impediments and less tion goeth on. I pray God give his Majesty resorespects, to do that which may help it, before it be irremediable. God ever preserve and prosper your lordship. ; Your lordship's most obliged friend and faithful servant, FR. VERULAM, CANC. 23 July, 1620. I have stayed the thousand pounds set upon Englefield for his Majesty, and given order for levying it. CCXXXVII. TO THE MARQUIS OF BUCKING- MY VERY GOOD LORD, ONE gave me a very good precept for the stone; that I should think of it most when I feel it least. Ibid. p. 111. § Ibid. p. 112. |
