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undoubtedly make an end of it according to justice CXCVII. TO THE MARQUIS OF BUCKING- and conscience. HAM.*
For Sir Gilbert Houghton's business, I am in very
good hope to effect your lordship's desire for his good. MY VERY GOOD LORD,
For Moor's business, concerning the printing of I thought fit by this my private letter to your books, after hearing all parties, I have sealed his lordship, to give you an account of such business as patent; but for his former patent of salt, I dare not your lordship hath recommended unto me, that you do it, without acquainting the council therewith, may perceive that I have taken that care of them I which I am ready to do if he require that course to ought, and ever shall in those you recommend or be taken. remit to me.
If his Majesty at any time ask touching the lord For the suit of the alehouses which concerneth Clifton's business, I pray your lordship represent to your brother Mr. Christopher Villiers, and Mr. his Majesty thus much: that whatsoever hath passPatrick Mawl, I have conferred with my lord chiefed, I thank God I neither fear nor hate him; but I justice and Mr. Solicitor thereupon, and there is a am wonderful careful of the seats of justice, that scruple in it that it should be one of the grievances they may still be well munited, being principal put down in parliament; which if it be, I may not sinews of his Majesty's authority. Therefore the in my duty and love to you advise you to deal in it; course will be, as I am advised, that for this hainous if it be not, I will mold it in the best manner and misprision, that the party, without all colour or shahelp it forward. The stay is upon the search of the dow of cause, should threaten the life of his judge, clerk of the parliament, who is out of town; but we and of the highest judge of the kingdom next his have already found, that the last grievance in sep- Majesty, he be first examined, and if he confess it, timo, is not the same with this suit; but we doubt then an ore tenus; if he confess it not, then an in. yet of another in tertio.
formation in the star-chamber, and he to remain For the business of Mr. Leviston, for your lord where he is till the hearing. But I do purposely ship's sake, who I perceive keeps your noble course forbear yet to have him examined, till the decree or with me, in acquainting me with these things, I agreement between him and my lord Aubigny, which shall apply myself unto you; though in my nature I is now ready, be perfected, lest it should seem an do desire that those that serve in the court where I oppression, by the terror of the one, to beat him sit, though they be not in places of my gift, and so down in the other. Thus I ever rest concerns not me nor my place in profit; yet I wish,
Your lordship's true friend and devoted servant, I say, I might leave them in as good case as I find
FR, BACON, CANC. them. And this suit concerneth the main profit of
York-house, Jan. 25, 1617. the six clerks; who though they be of the master of the rolls his gift, yet they serve in my court. I pray your lordship to pardon me, if in respect But my greatest doubt is, that the grant cannot be of a little watering in one of mine eyes, I have writgood in law; and that it is not like those other pre- ten this letter, being long and private business, in cedents, whereof I have received a note. For the my secretary's hand. difference is, where things have been written by all the clerks indifferently and loosely, in which case the king may draw them into an office; and where they have appertained to one especial office; in which
CXCVIII. TO THE LORD CHANCELLOR.Ş case the king can no more take away the profits of
MY HONOURABLE LORD, a man's office, than he can the profits of his land. I have received your lordship's letters, wherein Therefore I think your lordship may do well to I see the continuance of your love and respect to write to Mr. Solicitor † and serjeant Finch, for some me, in any thing I write you of, for which I give other lawyers that you trust, or such as Mr. Leviston your lordship many thanks, desiring nothing for trusteth, being persons of account, to inform you of any man but what you shall find just and convenient the point in law, before you proceed any farther: for to pass. I am very glad to understand that there is without that all is in vain.
so good hope of Sir Gilbert Houghton's business, For the business of Hawkins, touching the register which I must needs ascribe to your lordship’s great for the commission of bankrupts; I am not yet satis favour toward him for my sake, which I will ever fied likewise for the law, nor for the conveniency; but acknowledge. If his Majesty at any time speak of I rather incline to think it may pass; and I have set the lord Clifton's business, I will answer according it in a course by which it may be throughly informed. to that
your lordship hath written, &c. For Sir Rowland Egerton's cause, and his lady's,
Your lordship's faithful servant, the parties have submitted themselves unto me, and
G. BUCKINGHAM. are content to do it by bond, and therefore I will Newmarket, the last of Jan. 1617. * Stephens's Second Collection, p. 73.
rity a sufficient testimony of his learning in the law, as well as † Sir Thomas Coventry.
the sciences, in his book entitled, “A Description of the ComSir Henry Finch, serjeant at law, being the first of his mon Laws of England according to the rules of art, &c." His name that made a considerable figure in that profession, I son's good parts and elocution were acknowledged by the shall give a short account of him. He was younger brother greatest of his enemies; which accomplishments, though he to Sir Moyle Finch, of East wel in the county of Kent, and died without issue, have eminently appeared in some other defather of John, lord Finch, keeper of the great seal in the scendants from his honourable fainily. Stephens. reign of king Charles I. He died in 1625, leaving to poste. § Stephens's Second Collection, p. 75.
them. Only in the point of recusants his Majesty CXCIX. TO THE KING.*
is of the quite contrary opinion to you; for though
he would not by any means have a more severe IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,
course held, than his laws appoint in that case, yet Finding as well by your Majesty's despatches sith the many reasons why, there should be no mitiand directions to your council, as now by speech gation above that which his laws have enacted, and with Mr. Secretary Lake, that your Majesty is con- his own conscience telleth him to be fit. As first, tent to be troubled with business of sundry natures ; the papists in his kingdom have taken such heart I thought good, according to the duty of my place, upon the commission given to Sir John Digby touchand the necessity of the occasion, to put your Ma- ing the match with Spain, that they have sent copies jesty in mind, that on this day seven-night, being thereof privately up and down, and are so lifted up Friday in the morning, I am, according to custom, in their hopes of what they desire, that his Majesty to give a charge and admonition to the judges and cannot but take a more severe course, as far as by justices of peace now before the circuits, wherein I his laws he may, than hitherto he hath done. Beam humbly to crave your Majesty's pleasure and sides, when they shall see a harder hand carried directions.
toward them than hath been accustomed, his Majesty I have for your Majesty's better ease set down assureth himself, they will employ all their means to the heads, which by the prescript of your book, and farther the match, in hope of mitigating of that seveout of the consideration of the present times, I have rity when it shall be accomplished. And though thought fittest to be remembered. I have also sent these reasons were not, his Majesty would account your Majesty the last account of the judges' circuits, it a baseness in a prince to show such a desire of the not to trouble you with the reading of them all; but match, as to slack any thing in his course of goto the end that if upon my memorial, or otherwise vernment, much more in propagation of the religion out of your Majesty's own memory, which is above he professeth, for fear of giving hinderance to the memorials, you should have occasion to resort to match thereby. And so with many thanks for your those accounts, the papers may be by you.
favours to my brother in his business, I rest The point of greatest weight, in my opinion, is
Your lordship’s faithful servant, the carrying of a balanced hand at this time in the matter of recusants, in regard of the treaty with
G. BUCKINGHAM. Spain. For it were good, in respect of your people,
Newmarket, 8 Feb. 1617. that there were no note made, that the string is relased, and in respect of the treaty, that it is not strained; and therefore that the proceeding in those causes be rather diligent than severe.
CCL. TO THE MARQUIS OF BUCKINGHAM. I I am wonderful glad to hear that this extremity
MY VERY GOOD LORD, of weather, which I think the Muscovite hath brought with him, hath not touched your Majesty, MR. Chancellor of the exchequer hath signified to whose health and ease is far dearer to me than my me this day, that yesterday his Majesty called him life with all the appurtenances.
God ever preserve
to his coach, and said to him, that one that had used and prosper you,
ill speech of me should be called before me, and Your Majesty's most faithful and most obliged make his submission to me; and thereupon be called servant,
before the council, and receive a sharp reprehension,
FR. BACON, CANC. and so be enlarged. And Mr. Chancellor could not Friday morning, Feb. 6, 1617.
tell me who the person was, but after by some letter
he received from my lord Clifton, and speech with a Your Majesty will be pleased your answer be man of his, he perceived it was he. with me on Thursday at noon, or soon after.
I pray your lordship in humbleness to let his Majesty know, that I little fear the lord Clifton, but I much fear the example, that it will animate ruffians
and rodomonti extremely against the seats of justice, CC. TO THE LORD CHANCELLOR." which are his Majesty's own seats, yea, and against
all authority and greatness, if this pass without pubMY HONOURABLE LORD,
lic censure and example; it having gone already so I have acquainted his Majesty with your letter to far as that the person of a baron hath been comDs, and delivered likewise to him the letter and mitted to the Tower. The punishment it may please other things directed to his Majesty, who hath com- his Majesty to remit, and I shall not formally but Danded me to return this answer to them all. heartily intercede for him : but an example, setting
First, For your memorial of your charge to the myself aside, I wish for terror of persons that may judges, he liketh it so well, that he findeth nothing be more dangerous than he, towards the least judge rither to be added or diminished, and was so well of the kingdom. satisfied there with, that he accounteth it needless to Therefore it may please his Majesty to speak of read the other papers, but sealed them up again, and it with myself and my lords, when he cometh next, sendeth them back to your lordship without reading and in the mean time I will command, from his Stephens's Second Collection, p. 76.
+ Ibid. p. 77.
Ibid. p. 79.
Majesty, the master of the rolls, and Mr. Attorney, ment of his wards in England in due time. God who were appointed by the table to examine him, to ever preserve and prosper you. stay.* God ever prosper you.
Your lordship’s most obliged friend and faithful Your Majesty's true friend and devoted servant,
servant, March 17, 1617. FR. BACON, CANC.
FR. VERULAM, CANC. York-house, July 27, 1618.
CCII. TO THE MARQUIS OF BUCKINGHAM.F
CCIV. TO THE MARQUIS OF BUCKINGHAM.Ş MY VERY GOOD LORD, We have sat once upon the commission of trea
MY VERY GOOD LORD, sure to no ill purpose, as may appear by the account I am very glad to hear of the honour his Majesty enclosed; wherein his Majesty will find no prepos- intendeth to my noble lady your lordship's mother.| terous issue of treasure : Mr. Chancellor imagines This, amongst many other things, showeth in your well, Coke seeks and beats over, as well where it is lordship good nature, which is the root of all virtues, not, as where it is; secretary Naunton forgets nothing. next religion. Besides, it doth sort well in states, I will look to bow things to the true ends. God bless when place and power do meet and stand not too far and prosper his Majesty and yourself.
at distance, Your lordship’s most obliged friend and faithful For the passing of it by direction without bill servant,
signed, it cannot be in law. So is Mr. Attorney's 25 July, 1617. FR. VERULAM, CANC. opinion, and so is mine ; and therefore there is
presently a bill sent with an indorsement of passing it by immediate warrant, and this antedate.
For the antedate, I must present his Majesty with CCIII. TO THE MARQUIS OF BUCKINGHAM.: my caution, and with my obedience.
For the statute tieth me from antedates; and inMY VERY GOOD LORD,
deed the mischief is infinite: for by that means the I PRAY your lordship to signify to his Majesty, king may grant any land, &c. and take it away a that I thought it my duty to stay at the seal, a book month hence, and grant it another by an antedate. I of Sir Francis Steward's, and Sir James Auterlony, And surely were it land or the like, I would not say &c. of 2001, land in charge in fee-simple: my reasons, absit, or your Majesty cannot do it, for a world ; or,
First, It is a perpetuity, and so much rent in di- | Your Majesty is sworn and I am sworn; or such minution of revenue certain.
brave phrases; but surely, I say, I would in humbleSecondly, The warrant, as is acknowledged, came ness represent it to his Majesty.** only from my lord of Suffolk, and not from Mr. But the case of honour differeth; for therein his Chancellor. And yet my lord was wont to boast, | Majesty's prerogative and declaration is absolute, that since he was treasurer, all commissions and con- and he may make him that is last to be first. And tracts for sale of the king's lands were broken off therefore upon his Majesty's signification of his and ceased.
pleasure upon the indorsement of the bill signed, I Thirdly, The rate of the moneys paid by the gen- take it I may lawfully do it. tlemen amounteth but to thirteen years' purchase ; I am here rejoicing with my neighbours the which is a plain gift of a good proportion of value. townsmen of St. Albans, for this happy day, the
If his Majesty, now informed, iterate his mandate, fifth of August,7t 1618. it is done, and I excused; but I could wish his Ma
Your lordship's most obliged friend and faithful jesty would refer it to the commissioners of the trea
servant, sury, how the gentlemen may be otherwise satisfied.
Gorhambury. FR. VERULAM, CANC. I received yesternight a brave account of the commission of the wards in Ireland, which this one year is advanced from 2001. per annum to 40001. which is twenty-fold multiplied. This I write for two CCV, TO THE MARQUIS OF BUCKINGHAM..1 reasons. First, because I glory in it, because it was my work wholly; next, because his Majesty may
MY VERY GOOD LORD, take occasion by this to look better to the improve- I THANK your lordship for your last loving letter.
* I know not whether there was any prosecution against the reasons against passing of a patent: yet if then the king, who lord Clifton, or whether it was prevented by the laying of vio- was judge of the inconvenience, was pleased to command it, lent hands upon himself, in the year ensuing. Stephens. he was obliged to allow the same. But in those things which t. Stephens's Second Collection, p. 80.
were contrary to law, as it is to be presumed, that after an IIbid. ŞIbid. p. 82.
humble representation thereof, no prince would exact, so no | The advancement of this lady to the title of the countess minister in such a case would yield an obedience. Stephens. of" Buckingham, was, notwithstanding the reasons here al- tt The fifth of August, being the anniversary of the king's leged, so ill resented by the house of commons in 1626, that deliverance from the earl of Gowry's conspiracy, was by soine in article XI. of their impeachment of the duke her son, it called the court holiday, and ridiculed as a fiction; though objected against him as one of his offences. Stephens. the truth thereof being delivered down by Archbishop Spots. 1 18 Hen. VII. cap. 1.
wood, and other good historians, I see no great reason to call ** By this and the preceding letter it appears, that as my it into question. Stephens. lord chancellor thought it his duty to offer to the king his 11 Stephens's Second Collection, p. 83.
I now write to give the king an account of a patent above dead pays, is no good argument. For the
I have stayed at the seal. It is of licence to give abuse of dead pays is to be amended, and not the 1 in mortmain eight hundred pound land, though it necessary number abated. In this his Majesty may
be of tenure in chief to Allen * that was the player, fall upon a middle proportion between that of the for an hospital.
commissioners and that of the officers. I like well that Allen playeth the last act of his It were good, now the three books, which we life so well; but if his Majesty give way thus to have appointed to be engrossed into one ledger-book, amortize his tenures, his courts of wards will decay; are affirmed, there were a short book of his Majesty's which I had well hoped should improve.
royal directions, and orders thereupon, extracted. But that which moved me chiefly is, that his Ma- For the commission of the treasury, I persuade jesty now lately did absolutely deny Sir Henry myself, they are of the first hours that have been Savile for 2001. and Sir Edward Sandys for 1001. well spent in that kind. We have put those par
to the perpetuating of two lectures, the one in Ox- ticulars, whereof his Majesty gave us charge, into a | ford, the other in Cambridge, foundations of singular way.
honour to his Majesty, the best learned of kings, Bingley's information will be to good purpose, and of which there is great want; whereas hospitals and we find another of like nature revealed to Mr. abound, and beggars abound never a whit the less." Secretary and myself. God ever prosper you.
If bis Majesty do like to pass the book at all; yet Your lordship's most obliged friend and faithif he would be pleased to abridge the 8001. to 5001. ful servant, and then give way to the other two books for the
FR. VERULAM, CANC. university, it were a princely work. And I would
9 October, 1618. make an humble suit to the king, and desire your lordship to join in it, that it might be so.
God ever preserve and prosper you.
CCVII. TO THE MARQUIS OF BUCKING
MY VERY GOOD LORD,
LOOKING for matter of service, I have found out York-house, Aug. 18, 1618.
a suit for myself : and it is proper for me more than
all men, because it is within the account of the haI have written to my lord chamberlain, being
naper. But I have made a law to myself, that I chancellor of Oxford, to help in the business.
will never beg any thing which shall not bring gain to the king. Therefore my suit is, to farm the profits of the alienations, yielding a thousand pounds a
year more to the king than hath been yielded comCCVI. TO THE MARQUIS OF BUCKINGHAM.I munibus annis, by a medium of seven years. If the MY VERY GOOD LORD,
king be pleased to grant me this, it will a little What passed in your lordship's presence, your have a new occasion to be, as I ever have been, and
warm the honour he hath given me; and I shall Lordship can tell, touching the navy. The morrow
shall be, following we concluded in approbation of the books, sare in one point, touching the number convenient
Your lordship's obliged friend and faithful for nanning the ships, wherein the number allowed
FR. VERULAM, CANC. by the commissioners had, in my judgment, a little of the merchant; for to measure by so many as were
York-house, October 9, 1618. That Allen the player, who founded an hospital at Dul- charities, or even from the laws enacted for their relief, was much in Surry, had been an excellent actor of the comical and then, and yet is to be desired. And as the defect thereof is no ***** part, will appear evident to any one that shall tho- smalí reproach to the government of a country, happy in its reals consider the following epigram made by that admir- natural products, and enriched by commerce; so it would be an ava dramatic poel, Ben Jonson.
act of the greatest humanity to provide for the poor, and that
idleness and beggary, the successive nursery of rogues, might To Me. EDWARD ALLEN,
as far as possible be extirpated. Upon this occasion I cannot If Rome so great, and in her wisest age,
but take notice of a story which has been spread abroad to the Fear'd not to boast the glories of her stage :
defamation of Sir Francis Bacon, though upon no good ground, As skilful Roscius, and grave Æsop, men
as far as I can judge, as if in the accomplishment of the foundYel crown'd with honours, as with riches then;
ation of the Charter-house hospital, begun by Mr. Sutton and Wbu had no less a trumpet of their name,
carried on by his executors, Sir Francis, who was then the Than Cicero, whose every breath was fame:
king's solicitor, had for some ill designs of gain to himself or Huse can so great example die in me?
others, endeavoured to have defeated the same. The fact That, Allen, I should pause to publish thee;
was, that the heir at law supposing, notwithstanding what Mr. Who both their graces in thyself hast more
Sutton had done in procuring acts of parliament, and patents Outstript, than they did all that went before:
from the king, in order to establish this noble charity, that the And present worth in all dost so contract,
greatest part of his estate was descended to him, it was argued As others speak, but only thou dost act.
on his behalf by the solicitor-general, by Mr. Henry YelverWear this renown. 'Tis just that who did give
ton, and Mr. Walter, men of great reputation in those tiines : So inany poets life, by one should live.
and whatever ill intentions some of the court might have, my
request to the reader is, that before he pass any censure upon ☆ It were to be wished this observation did not hold true to Sir Francis Bacon, relating hereunto, he would please to pe.. 1 day: for though the foundations of hospitals are to be com- ruse his advice, printed in vol. i. p. 195, given to the king Elded, which Sir Francis Bacon hath done both in this letter touching Mr. Sutton's estate. Stephens. od cener his writings; yet it shows that some more adequate * Stephens's Second Collection, p. 81. § Ibid. p. 85. tecedy for supporting the poor, than what arises from the se
bounty he will. God ever preserve and prosper CCVIII. TO THE MARQUIS OF BUCKING.
Your lordship's most obliged friend and faithMY VERY GOOD LORD,
FR. VERULAM, CANC. This morning Mr. Attorney came to me, and de
York-house, Octob. 19, 1618. sired of me the many writs of Ne exeat regnum against most of the Dutch merchants,t and withal let me understand that there was a discovery of an infinite transportation of gold and silver out of this CCIX. TO THE LORD CHANCELLOR. I realm by the said Dutch merchants, amounting to millions; and that Sir John Britain had made a book thereof, and presented the same to his Majesty ; and I have acquainted his Majesty with your letter, farther, that his Majesty had directed him to prose- who giveth you thanks for your advice to communicute the same ; and had also given Sir Thomas Va-cate the business of the Dutchmen to the commisvasor the forfeiture of such ten of them as he should sioners of the treasury, which his Majesty was choose.
before purposed to refer to them, as it concerns his Hereupon I thought it my duty, as in a matter treasure, for the carriage of it: and to your lordship of great weight, to signify to his Majesty by your and the rest named in your letter, for the relation it lordship what I conceive.
hath to the law. For the proposers of the suit, his The discovery I think very happy. For if it be Majesty intendeth only to reward their pains as true, it will be a great benefit to his Majesty : it may stand with his service and his princely dispo will also content his people much, and it will de- sition, but to preserve the main benefit himself: all monstrate also that Scotland is not the leech, as that his Majesty would have your lordship to do for some discoursers say, but the Netherlanders, that the present, is to take order about the writ of Ne suck the realm of treasure. So that the thing is exeant regnum ; to advise with his learned counsel very good.
what course is to be taken, and if by a warrant from But two things I must represent to his Majesty ; his Majesty, that your lordship send him a warrant the first, that if I stay merchants from their trading to be signed, which shall be returned with all speed. by this writ, I must do it either ex officio, or by of other things his Majesty thinketh it will be time special warrant from his Majesty.
enough to speak at his return to London. In the If ex officio, then I must have more than a bare mean time I rest surmise to grant the writ upon, so as I must be
Your lordship's faithful friend and servant, acquainted with the grounds, or at least appearance
G. BUCKINGHAM. of proofs. If by special warrant, then I desire to receive the same. The other is, that I humbly be
Hinchenbroke, 21 Octob. 1618. seech his Majesty that these royal boughs of forfeiture may not be vintaged or cropp'd by private suitors, considering his Majesty's state as it is, but that Sir Thomas Vavasor, or Sir John Britain, may CCX. TO THE MARQUIS OF BUCKINGHAM. have a bountiful and gracious reward for their dis
MY VERY GOOD LORD, covery ; but not the prime, or without stint.
In sum, I would wish his Majesty to refer the I have this morning received the petty roll for whole business, and carriage of the same for his the sheriffs. I received also the papers exhibited honour and profit, to the commissioners of treasury; by Sir Miles Fleetwood, which I will use to his or because it is a legal forfeiture, to myself, Mr. Majesty's best service, and thereupon give account Chancellor, Sir Edward Coke, and my lord chief to his Majesty when time serveth. justice of England : and by us his Majesty shall be My care, which is not dormant touching his Maassured to know the best course for his justice, ho- jesty's service, especially that of treasure, which is nour, and profit, and that he may dispose what now summa summarum, maketh me propound to his
* Stephens's Second Collection, p. 86.
Sir Thomas Vavasor the discoverer should choose, and which + The affair of these Dutch merchants is in some measure it seems he had in a manner been promised, was a piece nf represented in this letter, and those of October 9, and Nov. 9, service worthy the place he enjoyed, and the trust he had with 1619. But Mr. Stephens in his introduction, p. 45, 46, gives the king. Upon the 12th of October, 1619, Mr. Courteen was us by the assistance of some authentic papers, the following censured to pay 20001, more, and other smaller sums, for enaccount of the affair: Upon the 19th of October, 1618, the deavouring to corrupt the king's evidence. And the 191h of attorney-general having applied to the lord chancellor for November following was appointed for the trial of between writs Ne exeat regnum, against these merchants, afterwards twenty and thirty more; but by reason of some neglect or exhibited an information against about one hundred and eighty mismanagement in the prosecution, which gave the court a of them, for transporting beyond the seas vast quantities of great deal of trouble, and the defendants some advantage, the gold and silver in money, plate, and bullion, since the begin- cause was not heard till the 7th of December, though most of ning of king James I.'s reign. The attorney at first brought them were then found guilty. Of the large tines imposed upon the cause to a hearing against about twenty of them, who the delinquents, it is supposed that they paid but a third part: were supposed the greatest offenders, and most able to make for during the prosecution, the States-General did by a letter restitution. Their fines amounting in the whole to 150,0001. of desire the marquis of Buckingham to endeavour to inoderate which Mr. William Courteen, and two others, were condemned the heat thereof, as Sir Noel Carson their ambassador did the in 20,0001. each; the advice which the lord chancellor gave next day after sentence, to mitigate the severity. the king, not to grant away the lines of such ten of thein as I Stephens's Second Collection, p. 87. Ibid. p. Se