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For this wretched murderer Bertram, now gone | tended. Only I should think fit, under your Majes
to his place, I have, perceiving your Majesty's good liking of what I propounded, taken order, that there shall be a declaration concerning the cause in the king's bench, by occasion of punishment of the of fence of his keeper; and another in chancery, upon the occasion of moving for an order, according to his just and righteous report. And yet withal, I have set on work a good pen,† and myself will overlook it, for making some little pamphlet fit to fly abroad in the country.
For your Majesty's proclamation touching the wearing of cloth, after I had drawn a form as near as I could to your Majesty's direction, I propounded it to the lords, my lord chancellor being then absent ; and after their lordships' good approbation, and some points by them altered, I obtained leave of them to confer thereupon with my lord chancellor and some principal judges, which I did this afterso as, it being now perfected, I shall offer it to the board to-morrow, and so send it to your Majesty.
MAY IT PLEASE your Majesty, ALTHOUGH your journey be but as a long progress, and that your Majesty shall be still within your own land; and therefore any extraordinary course neither needful, nor in my opinion fit; yet nevertheless, I thought it agreeable to my duty and care of your service, to put you in mind of those points of form, which have relation, not so much to a journey into Scotland, as to an absence from your city of London for six months, or to a distance from your said city near three hundred miles; and that in an ordinary course, wherein I lead myself, by calling to consideration what things there are, that require your signature, and may seem not so fit to expect sending to and fro; and therefore to be supplied by some precedent warrants.
First, your ordinary commissions of justice, of assize, and the peace, need not your signature, but pass of course by your chancellor. And your commissions of lieutenancy, though they need your signature, yet if any of the lieutenants should die, your Majesty's choice and pleasure may be very well at
*John Bertram, a grave man, above seventy years of age, and of a clear reputation, according to Camden, Annales Legis Jacobi I. p. 21. He killed with a pistol, in Lincoln'sInn, on the 12th of November, 1616, Sir John Tyndal, a master in chancery, for having made a report against him in a cause, wherein the sum contended for did not exceed
ty's correction, that such of your lord lieutenants, as do not attend your person, were commanded to abide within their counties respectively.
For grants, if there were a longer cessation, I think your Majesty will easily believe it will do no hurt. And yet if any be necessary, the continual despatches will supply that turn.
That, which is chiefly considerable, is proclamations, which all do require your Majesty's signature, except you leave some warrant under your great seal to your standing council here in London.
It is true, I cannot foresee any case of such sudden necessity, except it should be the apprehension of some great offenders, or the adjournment of the term upon sickness, or some riot in the city, such as hath been about the liberties of the Tower, or against strangers, &c. But your Majesty in your great wisdom, may perhaps think of many things, that I cannot remember or foresee: and therefore it was fit to refer those things to your better judg
Also my lord chancellor's age and health is such, as it doth not only admit, but require the accident of his death to be thought of; which may fall in such a time, as the very commissions of ordinary justice before mentioned, and writs, which require present despatch, cannot well be put off. Therefore your Majesty may be pleased to take into consideration, whether you will not have such a commission, as was prepared about this time twelvemonth in my lord's extreme sickness, for the taking of the seal into custody, and for the seal of writs and commissions for ordinary justice, till you may advise of a chancellor or keeper of the great seal.
Your Majesty will graciously pardon my care, which is assiduous; and it is good to err in caring even rather too much than too little. These things for so much as concerneth forms, ought to proceed from my place, as attorney, unto which you have added some interest in matter, by making me of your privy council. But for the main they rest wholly in your princely judgment, being well informed; because miracles are ceased, though admiration will not cease, while you live. Indorsed, February 21, 1616.
First, in the book case, in the 13th year of king Henry the fourth, in whose reign the statute was made, it is expressly said, one liege-man was killed in Scotland by another liege-man; and the wife of him that was killed did sue an appeal of murder in the constable's court of England. Vide Statutum, saith the book, de primo Henrici V. Cap. 14. Et contemporanea expositio est fortissima in lege. Stanford, an author without exception, saith thus, fol. 65, a.: "By the statute of Henry IV. Cap. 14, if any subject kill another subject in a foreign kingdom, the wife of him that is slain may have an appeal in England before the constable and marshal; which is a case in terminis terminantibus. And when the wife, if the party slain have any, shall have an appeal, there, if he hath no wife, his next heir shall have it."
If any fact be committed out of the kingdom, upon the high sea, the lord admiral shall determine it. If in a foreign kingdom, the cognizance belongeth to the constable, where the jurisdiction pertains to him.
And these authorities being seen by Bromley, chancellor, and the two chief justices, they clearly resolved the case, as before I have certified your Majesty.
I humbly desire I may be so happy as to kiss your Majesty's hands, and to my exceeding comfort to see your sacred person; and I shall ever rest Your Majesty's faithful and loyal subject,
whole carriage and passages of the negotiation, as well with the king himself, as the duke of Lerma, and council there, intermix discourse upon fit occasions, that may express ourselves to the effect following:
That you doubt not, but that both kings, for that which concerns religion, will proceed sincerely, both being entire and perfect in their own belief and way. But that there are so many noble and excellent effects, which are equally acceptable to both religions, and for the good and happiness of the christian world, which may arise of this conjunction, as the union of both kings in actions of state, as may make the difference in religion as laid aside, and almost forgotten.
As first, that it will be a means utterly to extinguish and extirpate pirates, which are the common enemies of mankind, and do so much infest Europe at this time.
Also, that it may be a beginning and seed (for the like actions heretofore have had less beginnings) of a holy war against the Turk: whereunto it seems the events of time do invite christian kings, in respect of the great corruption and relaxation of discipline of war in that empire; and much more in respect of the utter ruin and enervation of the Grand Signor's navy and forces by sea; which openeth a way, with congregating vast armies by land, to suffocate and starve Constantinople, and thereby to put those provinces into mutiny and insurrection.
Also, that by the same conjunction there will be erected a tribunal, or pretorian power, to decide the controversies, which may arise amongst the princes and estates of christendom, without effusion of christian blood; for so much as any estate of christendom will hardly recede from that which the two kings shall meditate and determine.
Also, that whereas there doth, as it were, creep make popular estates and leagues to the disadvanthe ground a disposition in some places to tage of monarchies, the conjunction of the two kings will be able to stop and impedite the growth of any such evil.
These discourses you shall do well frequently to treat upon, and therewithal to fill up the spaces of the active part of your negotiation; representing, that it stands well with the greatness and majesty of the two kings to extend their cogitations and the influence of their government, not only to their own subjects, but to the state of the whole world besides, specially the christian portion thereof.
Account of Council Business.
FOR remedy against the infestation of pirates, than which there is not a better work under heaven, and therefore worthy of the great care his Majesty hath expressed concerning the same, this is done : one of the justices of the common pleas. He died August 28, 1558.
+ His Majesty had begun his journey towards Scotland, on the 14th of March, 1616-17.
Ambassador to the court of Spain.
First, Sir Thomas Smith hath certified in writing, on the behalf of the merchants of London, that there will be a contribution of 20,000l. a year, dur- | ing two years space, towards the charge of repressing the pirates; wherein we do both conceive, that this, being as the first offer, will be increased. And we consider also, that the merchants of the West, who have sustained in proportion far greater damage than those of London, will come into the circle, and follow the example: and for that purpose letters are directed unto them.
Secondly, for the consultation de modo of the arming and proceeding against them, in respect that my lord admiral † cometh not yet abroad, the table hath referred it to my lord treasurer, † the lord Carew, and Mr. Chancellor of the exchequer, who heretofore hath served as treasurer of the navy, to confer with the lord admiral, calling to that conference Sir Robert Mansell, and others expert in seaservice; and so to make report unto the board. At which time some principal merchants shall likewise attend for the lords better information.
So that, when this is done, his Majesty shall be advertised from the table: whereupon his Majesty may be pleased to take into his royal consideration, both the business in itself, and as it may have relation to Sir John Digby's embassage.
For the proclamation, that lieutenants, not being counsellors, deputy lieutenants, justices of the peace, and gentlemen of quality, should depart the city, and reside in their countries: we find the city so dead of company of that kind for the present, as we account it out of season to command that, which is already done. But after men have attended their business the two next terms, in the end of Trinityterm, according to the custom, when the justices shall attend at the star-chamber, I shall give a charge concerning the same: and that shall be corroborated by a proclamation, if cause be.
For the information given against the Witheringtons, that they should countenance and abet the spoils and disorders in the middle shires; we find the informers to falter and fail in their accusation. Nevertheless, upon my motion, the table hath ordered, that the informer shall attend one of the clerks of the council, and set down articulately what he can speak, and how he can prove it, and against whom, either the Witheringtons or others.
For the causes of Ireland, and the late letters from the deputy,¶ we have but entered into them, and have appointed Tuesday for a farther consultation of the same; and therefore of that subject I forbear to write more for this present Indorsed,
For safety and caution against tumults and disorders in and near the city, in respect of some idle fly- March 30, 1617. An account of council business.
ing papers, that were cast abroad of a May-day, &c. the lords have wisely taken a course neither to nurse it, or nourish it, by too much apprehension, nor much less to neglect due provision to make all sure. And therefore order is given, that as well the trained bands, as the military bands newly erected, shall be in muster as well weekly, in the mean time, on every Thursday, which is the day upon which May-day falleth, as in the May-week itself, the Monday, Tuesday, Wednesday, and Thursday. Besides, that the strength of the watch shall that day be increased.
For the buildings in and about London, order is given for four selected aldermen, and four selected justices, to have the care and charge thereof laid upon them; and they answerable for the observing of his Majesty's proclamation, and for stop of all farther building; for which purposes the said Eslus are warned to be before the board, where they shall receive a strait charge, and be tied to a continual account.
For the provosts marshals, there is already direction given for the city and the counties adjacent ; and it shall be strengthened with farther commission,
if there be cause.
* Of Biborough in Kent, second son of Thomas Smith, of Ostenhanger, of that county, Esq. He had farmed the customs in the reign of queen Elizabeth, and was sent by king James I. ambassador to the court of Russia, in March 1604-5; from whence returning, he was made governor of the society of merchants trading to the East-Indies, Muscovy, the French and Summer Islands; and treasurer for the colony and company of Virginia. He built a magnificent house at Deptford, which was burnt on the 30th of January, 1618; and in April 1619, he was removed from his employment of governor and treasurer, upon several complaints of frauds committed by him. + Charles Howard, earl of Nottingham.
Thomas Howard, earl of Suffolk.
George, lord Carew, who had been president of Munster, in Ireland, and was now master of the ordnance. He was created earl of Totness by king Charles I. 1626.
TO THE LORD KEEPER.
MY HONOURABLE LORD,
WHEREAS the late lord chancellor thought it fit to dismiss out of the chancery a cause touching Henry Skipwith to the common law, where he desireth it should be decided: these are to entreat your lordship†† in the gentleman's favour, that if the adverse party shall attempt to bring it now back again into your lordship's court, you would not retain it there, but let it rest in the place where now it is, that without more vexation unto him in posting him from one to another, he may have a final hearing and determination thereof. And so I rest
Your lordship's ever at command,
This is a business, wherein I spake to my lord chancellor ; ‡‡ whereupon he dismissed the suit. Lincoln, the 4th of April, 1617.
Sir Fulk Greville.
Sir Oliver St. John, afterwards viscount Grandison. ** Harl. MSS. Vol. 7006.
+ This is the first of many letters, which the marquis of Buckingham wrote to lord Bacon in favour of persons, who had causes depending in, or likely to come into, the court of chancery. And it is not improbable, that such recommendations were considered in that age as less extraordinary and irregular, than they would appear now. The marquis made the same kind of applications to lord Bacon's successor, the lord keeper Williams, in whose Life, by bishop Hacket, Part I. p. 107, we are informed, that "there was not a cause of moment, but, as soon as it came to publication, one of the parties brought letters from this mighty peer, and the lord keeper's patron."
TO THE REVEREND UNIVERSITY OF
AMONGST the gratulations I have received, none are more welcome and agreeable to me than your letters, wherein the less I acknowledge of those attributes you give me, the more I must acknowledge of your affection, which bindeth me no less to you, that are professors of learning, than my own dedication doth to learning itself. And therefore you have no need to doubt, but I will emulate, as much as in me is, towards you the merits of him that is gone, by how much the more I take myself to have more propriety in the principal motive thereof. And for the equality you write of, I shall by the grace of God, far as may concern me, hold the balance as equally between the two universities, as I shall hold the balance of other justice between party and party. And yet in both cases I must meet with some inclinations of affection, which nevertheless shall not carry me aside. And so I commend you to God's goodness. Your most loving and assured friend, FR. BACON.
Gorhambury, April 12, 1617.
TO THE LORD KEEPER.†
MY HONOURABLE LORD,
I HAVE acquainted his Majesty with your letters, who liked all your proceedings well, saving only the point, for which you have since made amends, in obeying his pleasure touching the proclamation. His Majesty would have your lordship go thoroughly about the business of Ireland, whereinto you are so well entered, especially at this time, that the chief justice is come over, who hath delivered his opinion thereof to his Majesty, and hath understood what his Majesty conceived of the same; wherewith he will acquaint your lordship, and with his own observation and judgment of the businesses of that country.
I give your lordship hearty thanks for your care to satisfy my lady of Rutland's § desire; and will be as careful, when I come to York, of recommending your suit to the bishop. So I rest
Your lordship's ever at command,
Newark, the 5th of April, 1617. To my very honourable lord, Sir Francis Bacon, knight, lord keeper of the great seal of England.
* From the collections of the late Robert Stephens, Esq., historiographer royal, and John Locker, Esq., now in possession of the editor.
+ Harl. MSS. vol. 7006.
Sir John Denham, one of the lords justices of Ireland in 1616. He was made one of the barons of the Exchequer in England, May 2, 1617. He died January 6, 1638, in the eightieth year of his age. He was the first who set up customs in Ireland, (not but there were laws for the same before,) of which the first year's revenue amounted but to 500.; but before his death, which was about twenty-two years after, they were let for 54,000l. per annum. Borlase's Reduction of Ireland to the Crown of England, p. 200. Edit. London, 1675. Frances, countess of Rutland, first wife of Francis, earl of Rutland, and daughter and coheir of Sir Henry Knevet, of
TO THE LORD KEEPER.T
MY VERY GOOD LORD,
I SPAKE at York with the archbishop,** touching the house, which he hath wholly put into your hands, to do with it what your lordship shall be pleased.
I have heretofore, since we were in this journey, moved his Majesty for despatch of my lord Brackley's ++ business: but because his Majesty never having heard of any precedent in the like case, was of opinion, that this would be of ill consequence in making that dignity as easy, as the pulling out of a sword to make a man a knight, and so make it of little esteem, he was desirous to be assured, first, that it was no new course, before he would do it in that fashion. But since he can receive no assurance from your lordship of any precedent in that kind, his Majesty intendeth not so to precipitate the business, as to expose that dignity to censure and contempt, in omitting the solemnities required, and usually belonging unto it.
His Majesty, though he were a while troubled with a little pain in his back, which hindered his hunting, is now, God be thanked, very well, and as merry as he ever was; and we have all held out well. I showed his Majesty your letter, who taketh very well your care and desire to hear of his health. So I commit you to God, and rest
Your lordship's most assured friend to do you
Aukland, the 18th of April, 1617.
SINCE the writing of this letter, I have had some farther speech with his Majesty, touching my lord Brackley; and find, that if, in your lordship's information in the course, you write any thing, that may tend to the farthering of the despatch of it in that kind, he desireth it may be done.
TO THE LORD KEEPER.‡‡
I SEND your lordship the warrant for the queen §§ signed by his Majesty, to whom I have likewise delivered your lordship's letter. And touching the matter of the pirates, his Majesty cannot yet resolve; but within a day or two your lordship shall see a despatch, which he purposeth to send to the lords
Charleton in Wiltshire, knight. She had by the earl an only daughter and heir, Catharine, first married to George, marquis, and afterwards duke, of Buckingham; and secondly to Randolph Mac-Donald, earl, and afterwards marquis, of Antrim in Ireland.
Relating to York-house.
Harl. MSS. vol. 7006. ** Dr. Tobie Matthew.
†† Who desired to be created earl in an unusual manner, by letters patents, without the delivering of the patent by the king's own hand, or without the ordinary solemnities of creation. He was accordingly created earl of Bridgwater, May 27, 1617. ‡‡ Harl. MSS. vol. 7006.
| $$ Relating to her house. See the lord keeper's letter of April 7, 1617, printed in his works.
of his council in general, what his opinion and pleasure is in that point.
I would not omit this opportunity to let your lordship know, that his Majesty, God be thanked, is in very good health, and so well pleased with his journey, that I never saw him better, nor merrier. So I rest
Your lordship's ever at command, G. BUCKINGHAM. From Newcastle, the 23d of Apr. 1617.
before his going into France, which, by the king's commandment, is to be within some ten days and I could wish you used him kindly and with respect. His return out of France is intended before MichaelGod direct you, and be with you. I rest Your very loving uncle, and assured friend, FR. BACON.
Dorset-house, this 28th of April, 1617.
LORD KEEPER BACON TO MR. MAXEY, FELLOW OF TRINITY COLLEGE, CAMBRIDGE.*
AFTER my hearty commendations, I having heard of you, as a man well deserving, and of able gifts to become profitable in the church; and there being fallen within my gift the rectory of Frome St. Quintin with the chapel of Evershot, in Dorsetshire, which seems to be a thing of good value, 187. in the king's books, and in a good country, I have thought good to make offer of it to you; the rather for that you are of Trinity college, whereof myself was some time: and my purpose is to make choice of men rather by care and inquiry, than by their own suits and commendatory letters. So I bid you farewell.
From your loving friend,
FR. BACON, C. S.
From Dorset-house, 23 April, 1617.
TO THE LORD KEEPER.‡
MY HONOUrable lord,
I UNDERSTAND that Sir Lewis Tresham hath a suit depending in the chancery before your lordship; and therefore out of my love and respect toward him, I have thought fit to recommend him unto your favour so far only, as may stand with justice and equity, which is all he desireth, having to encounter a strong party. And because he is shortly to go into Spain, about some other business of his own, I farther desire your lordship to give him what expedition you can, that he may receive no prejudice by his journey.
Your lordship's ever at command,
Indorsed May 6, 1616.
TO THE LORD KEEPER.§
MY HONOURABLE lord,
I HAVE by reports heard that, which doth much grieve and trouble me, that your lordship hath,
THE LORD KEEPER TO HIS NIECE, TOUCH- through a pain in one of your legs, been forced to
ING HER MARRIAGE.
AMONGST your other virtues, I know there wanteth not in you a mind to hearken to the advice of your friends. And therefore you will give me leave to move you again more seriously than before in the match with Mr. Comptroller.†
The state wherein you now are, is to be preferred before marriage, or changed for marriage, not simply the one or the other, but according as, by God's providence, the offers of marriage are more or less fit to be embraced. This gentleman is religious, a person of honour, being counsellor of state, a great officer, and in very good favour with his Majesty. He is of years and health fit to be comfortable to you, and to free you of burdensome cares. He is of good means, and a wise and provident man, and of a loving and excellent good nature; and, I find, hath set his affections upon you; so as I foresee you may sooner change your mind, which, as you told me, is not yet towards marriage, than find so happy a choice. I hear he is willing to visit you,
From the collections of the late Robert Stephens, Esq. Sir Thomas Edmonds, who had been appointed to that office, December 21, 1616; and January 19, 1617-18, was made treasurer of the household. He had been married to Magdalen, one of the daughters and coheirs of Sir John Wood,
keep your chamber. And being desirous to understand the true estate of your health, which reports do not always bring, I entreat your lordship to favour me with a word or two from yourself, which, I hope, will bring me the comfort I desire, who cannot but be very sensible of whatsoever happeneth to your lordship, as being
Your lordship's most affectionate to do you service,
G. BUCKINGHAM. His Majesty, God be thanked, is very well, and safely returned from his hunting journey. From Edinburgh, the 3d of June, 1617.
TO THE EARL OF BUCKINGHAM.
THIS day I have made even with the business of the kingdom for common justice; not one cause unheard; the lawyers drawn dry of all the motions knight, clerk of the signet: which lady died at Paris, Dec. 31, 1614.
The proposal for a second marriage between him and the lord keeper's niece does not appear to have had success. Harl. MSS. Vol. 7006. § Ibid.