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matters of council, and I see now that his Majesty | king created his uncle the earl of Hertford, to be is as well able by his letters to govern England | duke of Somerset per cincturam gladii, cappam from Scotland, as he was to govern Scotland from honoris, et circuli aurei impositionem, et traditionem England. virgulæ aureæ," hisce testibus, and not teste meipso, and with a datum per manus nostras: yet these things are but conjectural.
I find no precedents for a non obstante, or a disCLXXVIII. A NOTE OF SOME PRECEDENTS pensation with the solemnities, as the lord Brackley's bill was penned.
AS COME NEAREST THE CASE OF THE
THE lord Hay was created baron of Sawley, 28 Junii 13 Regis, without the ceremony of robing, as I take it, but then the patent, as I conceive it also, delivered to the person of the said lord Hay by the king's own hands; and again, the dignity of a baron hath incident to it only the ceremony of robes, and not the cincture of the sword, coronet, &c.
The duke of Lenox was created earl of Richmond, 6 Octobris 11 Regis, without any of the ceremonies, as I take it; but the patent, as I conceive it also, was delivered to the person of the said duke, with the hands of the king; and again, in regard he was invested of the superior dignity of duke of Scotland, the ceremonies were not fit to be iterated.
CLXXIX. TO THE LORD KEEPER.†
MY HONOURed lord,
I HAVE acquainted his Majesty with your letter, and the papers that came enclosed, who is exceedingly well satisfied with that account you have given him therein, especially with the speech you made at the taking of your place in the chancery. Whereby his Majesty perceiveth that you have not only given proof how well you understand the place of a chancellor, but done him much right also, in giving notice unto those that were present, that you have received such instructions from his Majesty: whose honour will be so much the greater, in that all men will acknowledge the sufficiency and worthiness of his Majesty's choice, in preferring a man of such abilities to that place, which besides cannot but be a great advancement and fartherance to his service: and I can assure your lordship, that his Majesty was never so well pleased, as he is with this account you have given him of this passage. Thus with the remembrance of my service, I rest
Your lordship's ever at command,
King Henry VII, created Edward Courtenay, knight, earl of Devon, “26 Octobris, 1 Regni, teste meipso apud Wesmonasterium," &c. Whereby it may be collected, that it was done without the solemnities; for that where the solemnities were performed, it hath used to be with a hisce testibus, and not teste meipso; and whether it were delivered with the king's hand or not, it appears not.
Edward VI. created William earl of Essex, marquis of Northampton, 16 Feb. 1 Edw. VI. and it is mentioned to be "per cincturam gladii, cappam honoris, et circuli aurei impositionem ;" but whether the delivery was by the king's own hand non constat, but it was teste meipso, and not hisce testibus.
The same king created John viscount L'Isle, earl CLXXX. TO THE EARL OF BUCKINGHAM.↑ of Warwick, the same time, and it is mentioned to be " 'per cincturam gladii," &c. but it was teste meipso, and not hisce testibus.
Edward VI. created Thomas lord Wriothesley, earl of Southampton in the same day, and in the same manner, with a teste meipso, and not hisce testibus. These three creations being made upon one day, and when the king was a child of about nine years old, and in the very entrance of his reign, for the patents bear date at the Tower of London, doth make me conjecture that all the solemnities were performed; but whether the king endured to be present at the whole ceremony, and to deliver the patents with his own hand, I doubt; for that I find that the very self-same day, year, and place, the
ing men's inheritances, and good of the commonwealth. But Sir Edward then, or soon after, coming into favour by the marriage of his daughter, I conceive there was no farther proceedings in this affair. It will be needless for me to declare what reputation these books have among the professors of the law; but I cannot omit upon this occasion to take notice of a character Sir Francis Bacon had some time before given them in his proposition to the king, touching the compiling an amendment of the laws of England. "To give every man his due, had it not
Edinburgh, 18 May, 1617.
MY VERY GOOD LORD,
I KNOW your lordship hath a special care of any thing that concerneth the queen. She was entered into dislike of her solicitor, this bearer Mr. Lowder, and resolute in it. To serve, and not to please, is no man's condition. Therefore upon knowledge of her pleasure, he was willing to part with his place, upon hopes not to be destituted, but to be preferred to one of the barons' places in Ireland. I pray move the king for him, and let his Majesty know from me, that I think, howsoever he pleased not here, he is fit to do his Majesty service in that place; he is grave and formal, which is somewhat there, and sufficient enough for that place. The queen had
made Mr. Hackwell her solicitor, who hath for a long time taken much pains in her business, wherein she hath done well. He was an opposite in parliament, as Jones was, that the king hath made chief justice of Ireland. But I hold it no ill counsel to join, or to remove such men. God preserve and prosper you.
Your true and devoted friend and servant,
Whitehall, 25 May, 1617.
CLXXXI. TO THE EARL OF BUCKINGHAM.*
MY VERY GOOD LORD,
I SHALL Write to your lordship of a business which your lordship may think to concern myself; but I do think it concerneth your lordship much more. For as for me, as my judgment is not so weak to think it can do me any hurt, so my love to you is so strong, as I would prefer the good of you and yours before mine own particular.
It seemeth secretary Winwood hath officiously busied himself to make a match between your brother and Sir Edward Coke's daughter: and, as we hear, he doth it rather to make a faction, than out of any great affection to your lordship; it is true, he hath the consent of Sir Edward Coke, as we hear, upon reasonable conditions for your brother; and yet no better than, without question, may be found in some other matches. But the mother's consent is not had, nor the young gentlewoman's, who expect eth a great fortune from her mother, which without her consent is endangered. This match, out of my faith and freedom towards your lordship, I hold very inconvenient both for your brother and yourself.
First, He shall marry into a disgraced house, which in reason of state is never held good.
Next, He shall marry into a troubled house of man and wife, which in religion and christian discretion is disliked.
Thirdly, Your lordship will go near to lose all such your friends as are adverse to Sir Edward Coke; myself only except, who out of a pure love and thankfulness shall ever be firm to you.
And lastly and chiefly, believe it, it will greatly weaken and distract the king's service; for though, in regard of the king's great wisdom and depth, I am persuaded, those things will not follow which they imagine: yet opinion will do a great deal of harm, and cast the king back, and make him relapse into those inconveniences which are now well on to be recovered.
Therefore my advice is, and your lordship shall do yourself a great deal of honour, if, according to religion and the law of God, your lordship will signify unto my lady your mother, that your desire is, that the marriage be not pressed or proceeded in without the consent of both parents; and so either Ibid. p. 210. All that I have seen relating to the difference between the governor of Diepe and Sir Edward Coke, is contained in a letter of secretary Winwood's to my lord Buckingham, dated
Stephens's First Collection, p. 207.
break it altogether, or defer any farther delay in it, till your lordship's return: and this the rather, for that, besides the inconvenience of the matter itself, it hath been carried so harshly and inconsiderately by secretary Winwood, as, for doubt that the father. should take away the maiden by force, the mother, to get the start, hath conveyed her away secretly; which is ill of all sides. Thus hoping your lordship will not only accept well, but believe my faithful advice, who by my great experience in the world must needs see farther than your lordship can, I ever rest
Your lordship's true and most devoted friend and servant,
FR. BACON, C. S.
I have not heard from your lordship since I sent the king my last account of council business: but I assure myself you received it, because I sent at the same time a packet to secretary Lake, who hath signified to me that he hath received it.
pray your lordship deliver to his Majesty this little note of chancery business.
July 12, 1617.
CLXXXII. TO THE KING.†
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, I THINK it agreeable to my duty, and the great obligation wherein I am tied to your Majesty, to be freer than other men in giving your Majesty faithful counsel, while things are in passing; and more bound than other men in doing your commandments, when your resolution is settled, and made known
I shall therefore most humbly crave pardon from your Majesty, if in plainness, and no less humbleness, I deliver to your Majesty my honest and disinterested opinion, in the business of the match of Sir John Villiers, which I take to be magnum in parvo: preserving always the laws and duties of a firm friendship to my lord of Buckingham, whom I will never cease to love, and to whom I have written already, but have not heard yet from his lordship.
But first I have three suits to make to your Majesty, hoping well you will grant them all.
The first is, that if there be any merit in drawing on that match, your Majesty would bestow the thanks not upon the zeal of Sir Edward Coke to please your Majesty, nor upon the eloquent persuasions or pragmaticals of Mr. Secretary Winwood, but upon them, that carrying your commands and directions with strength and justice, in the matter of the governor of Diepe,‡ in the matter of Sir Robert Rich, and in the matter of protecting the lady, according to your Majesty's commandment; have so humbled Sir Edward Coke, as he seeketh now that with submission, which, as your Majesty knoweth,
29 June this year, and in these words; "Sir Edward Coke hath consigned into the hands of the lords 24007. for the satisfaction of the French ambassador, in the cause which con cerneth the governor of Diepe." Stephens.
before he rejected with scorn: for this is the true orator that hath persuaded this business; as I doubt not but your Majesty in your excellent wisdom doth easily discern.
My second suit is, that your Majesty would not think me so pusillanimous, as that I, that when I was but Mr. Bacon, had ever, through your Majesty's favour, good reason at Sir Edward Coke's hands, when he was at the greatest, should now, that your Majesty of your great goodness hath placed me so near your chair, being, as I hope, by God's grace and your instructions, made a servant according to your heart and hand, fear him, or take umbrage of him, in respect of mine own particular.
My third suit is, that if your Majesty be resolved the match shall go on, after you have heard my reasons to the contrary; I may receive therein your particular will and commandments from yourself, that I may conform myself thereunto; imagining with myself, though I will not wager on women's minds, that I can prevail more with the mother than any other man. For if I should be requested in it from my lord of Buckingham, the answer of a true friend ought to be, that I had rather go against his mind than against his good: but your Majesty I must obey; and besides, I shall conceive that your Majesty, out of your great wisdom and depth, doth see those things which I see not.
Now therefore, not to hold your Majesty with many words, which do but drown matter, let me most humbly desire your Majesty to take into your royal consideration, that the state is at this time not only in good quiet and obedience, but in a good affection and disposition. Your Majesty's prerogative and authority having risen some just degrees above the horizon more than heretofore, which hath dispersed vapours: your judges are in good temper; your justices of the peace, which is the body of the gentlemen of England, grow to be loving and obsequious, and to be weary of the humour of ruffling: all mutinous spirits grow to be a little poor, and to draw in their horns; and not the less for your Majesty's disauthorizing the man I speak of. Now then I reasonably doubt, that if there be but an opinion of his coming in, with the strength of such an alliance, it will give a turn and relapse in men's minds, into the former state of things, hardly to be holpen, to the great weakening of your Majesty's
Again, your Majesty may have perceived, that as far as it was fit for me in modesty to advise, I was ever for a parliament; which seemeth to me to be cardo rerum or summa summarum for the present occasions. But this my advice was ever conditional; that your Majesty should go to a parliament with a council united, and not distracted; and that your Majesty will give me leave never to expect, if that man come in. Not for any difference of mine own, for I am omnibus omnia for your Majesty's service, but because he is by nature unsociable, and by habit popular, and too old now to take a new ply. And men begin already to collect, yea and to conclude, that he that raiseth such a smoke to get in, will set all on fire when he is in.
It may please your Majesty, now I have said, I have done; and as I think I have done a duty not unworthy the first year of your last high favour, I most humbly pray your Majesty to pardon me, if in any thing I have erred; for my errors shall always be supplied by obedience; and so I conclude with my prayers for the happy preservation of your person and estate.
Your Majesty's most humble, bounden, and most devoted servant,
FR. BACON, C. S. Gorhambury, July 25, 1617.
CLXXXIII. TO THE EARL OF BUCKINGHAM.⚫
MY VERY GOOD LORD,
I Do think long to hear from your lordship, touching my last letter, wherein I gave you my opinion touching your brother's match. As I then showed my dislike of the matter, so the carriage of it here in the manner I dislike as much. If your lordship think it is humour or interest in me that leads me, God judge my sincerity. But I must say, that in your many noble favours towards me, they ever moved and flowed from yourself, and not from any of your friends whatsoever; and therefore in requital give me leave, that my counsels to you again be referred to your happiness, and not to the desires of any of your friends. I shall ever give you, as I give my master, safe counsel, and such as time will approve.
I received yesterday from Mr. Attorney the queen's bill, which I send your lordship. The payment is not out of lands, but out of the customs, and so it can be but the rent. Your lordship remembereth, it is but in a case which I hope shall never be; that is, after his Majesty's death, if she survive. God ever bless and direct you.
Your lordship's most faithful and devoted friend and servant,
FR. BACON, C. S. Gorhambury, July 25, 1617.
CLXXXIV. TO THE KING.t
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, I DARE not presume any more to reply upon your Majesty, but I reserve my defence till I attend your Majesty at your happy return; when I hope verily to approve myself, not only a true servant to your Majesty, but a true friend to my lord of Buckingham; and for the times also, I hope to give your Majesty a good account, though distance of place may obscure them. But there is one part of your Majesty's letter that I could be sorry to take time to answer; which is, that your Majesty conceiveth, that whereas I wrote that the height of my lord's fortune might make him secure, I meant that he was turned proud, or unknowing of himself; surely the opinion which Stephens's First Collection, p. 213. + Ibid. p. 214
I have ever had of my lord, whereof your Majesty | lordship shall do me right: and yet I shall take it for
is best witness, is far from that. But my meaning
favour, if you signify to them, that you have received
July 31, 1617.
CLXXXV. TO THE EARL OF BUCKINGHAM."
MY VERY GOOD LORD,
SINCE my last to your lordship,. I did first send for Mr. Attorney-General, and made him know, that, since I heard from court, I was resolved to further the match and the conditions thereof for your lordship's brother's advancement the best I could. did send also to my lady Hatton, and some other special friends, to let them know, I would in any thing declare for the match; which I did, to the end that if they had any apprehension of my assistance, they might be discouraged in it. I sent also to Sir John Butler, and after by letter to my lady your mother, to tender my performance of any good office towards the match or the advancement from the mother. This was all I could think of for the present.
I did ever foresee, that this alliance would go near to lose me your lordship that I hold so dear; and that was the only respect particular to myself that moved me to be as I was, till I heard from you. But I will rely upon your constancy and nature, and my own deserving, and the firm tie we have in respect of the king's service.
In the mean time I must a little complain to your lordship, that I do hear my lady your mother and your brother Sir John do speak of me with some bitterness and neglect. I must bear with the one as a lady, and the other as a lover, and with both for your lordship's sake, whom I will make judge of any thing they shall have against me. But I hope, though I be a true servant to your lordship, you will not have me to be a vassal to their passions, especially as long as they are governed by Sir Edward Coke and secretary Winwood, the latter of which I take to be the worst; for Sir Edward Coke, I think, is more modest and discreet: therefore your Stephens's First Collection, p. 215.
CLXXXVI. A MEMORIAL FOR YOUR
ALTHOUGH I doubt not but your Majesty's own memory and care of your affairs will put you in mind of all things convenient against you shall meet with your council, yet some particulars I thought it not unfit to represent to your Majesty; because they passed the labour of your council.
I. Some time before your departure, here was delivered unto you by the officers of your exchequer a computation of your revenue and expense, wherein was expressed that your revenue ordinary was not only equal to your expense, but did somewhat exceed it, though not much.
In this point, because the half year will now be expired at Michaelmas, it shall be fit, that your Majesty call to account, whether that equality hath held for this half year; and if not, what the causes have been, and whether the course prescribed hath been kept, that the ordinary expense hath been borne out of the ordinary revenue, and the extraordinary only out of such money as hath come in by extraordinary means, or else your estate cannot clearly appear. II. To maintain this equality, and to cause your Majesty's state to subsist in some reasonable manner till farther supply might be had, it was found to be necessary that 200,000l. of your Majesty's most pregnant and pressing debts should be discharged; and after consideration of the means how to do that, two ways were resolved on. One that 100,000l. should be discharged to the farmers of your customs by 25,000l. yearly, they having for their security power to defalke so much of their rent in their own hands: but because if that should be defalked, then your ordinary should want so much, it was agreed that the farmers should be paid the 25,000l. yearly in the sale of woods.
In this point it is fit for your Majesty to be informed what hath been done, and whether order hath been taken with the farmers for it, and what debts were assigned to them so to discharge; for of the particulars of that course I never heard yet.
And because it is apparent that the woodfalls this year do not amount to half that sum of 25,000%. your Majesty is to give charge that consideration be had how the same shall be supplied by some
† Stephens's Second Collection, p. 58.
Item, A special consideration is to be had what course shall be taken for the rest of the years with the wood sales for supply of this 25,000l. yearly.
III. The other hundred thousand pound was agreed to be borrowed, and an allotment made by my lords of the council at the table, how the same should be employed, and for what special services, whereof I deliver to your Majesty herewith a copy. In which point it may please your Majesty to cause yourself to be informed how that allotment hath been observed, and because it is likely that a good part of it hath gone towards the charges of this your journey to Scotland, at least so it is paid, your Majesty is to call for the particulars of that charge, that you may see how much of that hundred thousand it taketh up.
And then consideration is to be had how it may be supplied with some extraordinary comings in, as namely the moneys to come from the merchant adventurers, that the same be allotted to none other use, but to perform this allotment, that so the foundation laid may be maintained, or else all will be to seek; and if there be any other extraordinary means to come to your Majesty, that they may be reserved to that use.
And because care must be had to keep your credit in London, for this money borrowed, your Majesty may please to call for information what is done in the matter of the forests, and what sum, and in what reasonable time, is like to be made hereof.
The extraordinaries which it is like will be alleged for this year.
Your Majesty's journey into Scotland. The lord Hay's employment into France. The lord Roos into Spain. The Baron de Tour extraordinary from France. Sir John Bennett to the Archduke. The enlarging your park at Theobalds. Sir John Digby's sending into Spain. Of all which when your Majesty hath seen an estimate what they amount unto, and what money hath been already delivered towards them, which I fear will fall to be out of the moneys borrowed at London; then it is to be considered what extraordinaries are any ways to come in, which may supply these extraordinaries laid out, and be employed for the uses for which the moneys borrowed were intended.
CLXXXVII. TO THE EARL OF BUCKINGHAM.*
MY EVER BEST LORD, NOW BETTER THAN yourself,
YOUR lordship's pen or rather pencil hath portrayed towards me such magnanimity and nobleness and true kindness, as methinketh I see the image of some ancient virtue, and not any thing of these times. It is the line of my life, and not the lines of my letter, that must express my thankfulness: wherein if I fail, then God fail me, and make me as miserable as I think myself at this time happy by this reviver, through his Majesty's singular clemency, and your incomparable love and favour. God preserve you, prosper you, and reward you for kindness to
Your raised and infinitely obliged friend and
Sept. 22, 1617.
CLXXXVIII. TO THE EARL OF BUCKINGHAM.+
MY VERY GOOD LORD,
I SEND your lordship the certificate touching the enrolment of prentices. We can find no ground for it by law. Myself shall ever be ready to farther things that your lordship commendeth; but where the matter will not bear it, your lordship, I know, will think not the worse, but the better of me, if I signify the true state of things to your lordship; resting ever
Your lordship's true friend and devoted servant, FR. BACON, C. S. York-house, October 29, 1617.