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For this wretched murderer Bertram,* now gone tended. Only I should think fit, under your Majesto his place, I have, perceiving your Majesty's good ty's correction, that such of your lord lieutenants, liking of what I propounded, taken order, that there as do not attend your person, were commanded to shall be a declaration concerning the cause in the abide within their counties respectively. king's bench, by occasion of punishment of the of- For grants, if there were a longer cessation, I fence of his keeper; and another in chancery, upon think your Majesty will easily believe it will do no the occasion of moving for an order, according to hurt. "And yet if any be necessary, the continual his just and righteous report. And yet withal, I despatches will supply that turn. have set on work a good pen, † and myself will over- That, which is chiefly considerable, is proclamalook it, for making some little pamphlet fit to fly tions, which all do require your Majesty's signature, abroad in the country.

except you leave some warrant under your great For your Majesty's proclamation touching the seal to your standing council here in London. wearing of cloth, after I had drawn a form as near It is true, I cannot foresee any case of such sudden as I could to your Majesty's direction, I propounded necessity, except it should be the apprehension of it to the lords, my lord chancellor being then absent ; some great offenders, or the adjournment of the and after their lordships' good approbation, and term upon sickness, or some riot in the city, such some points by them altered, I obtained leave of as hath been about the liberties of the Tower, or them to confer thereupon with my lord chancellor against strangers, &c. But your Majesty in your and some principal judges, which I did this after-great wisdom, may perhaps think of many things, noon; so as, it being now perfected, I shall offer that I cannot remember or foresee: and therefore it to the board to-morrow, and so send it to your it was fit to refer those things to your better judgMajesty.

ment. So humbly craving your Majesty's pardon for Also my lord chancellor's age and health is such, troubling you with so long a letter, specially being as it doth not only admit, but require the accident accompanied with other papers, I ever rest

of his deaths to be thought of; which may fall in Your Majesty's most humble and bounden

such a time, as the very commissions of ordinary

justice before mentioned, and writs, which require servant,

FR. BACON. present despatch, cannot well be put off. Therefore This 21st of November,

your Majesty may be pleased to take into considerat ten at night [1616).

ation, whether you will not have such a commis. sion, 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 com

missions for ordinary justice, till you may advise of REMEMBRANCES FOR THE KING BEFORE

a chancellor or keeper of the great seal. HIS GOING INTO SCOTLAND.

Your Majesty will graciously pardon my care, MAY IT PLEASE YOUR MAJESTY,

which is assiduous; and it is good to err in caring

even rather too much than too little. These things ALTHOUGH your journey be but as a long progress, for so much as concerneth forms, ought to proceed and that your Majesty shall be still within your own from my place, as attorney, unto which you have land; and therefore any extraordinary course neither added some interest in matter, by making me of needful, nor in my opinion fit; yet nevertheless, I your privy council. But for the main they rest thought it agreeable to my duty and care of your wholly in your princely judgment, being well inservice, to put you in mind of those points of form, formed; because miracles are ceased, though admirwhich have relation, not so much to a journey into ation will not cease, while you live. Scotland, as to an absence from your city of London for six months, or to a distance from your said city

Indorsed, February 21, 1616. 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

SIR EDWARD COKE TO THE KING. to and fro; and therefore to be supplied by some

Most GRACIOUS SOVEREIGN, precedent warrants.

First, your ordinary commissions of justice, of I think it now my duty to inform your Majesty assize, and the peace, need not your signature, but of the motives that induced the lord chancellor and pass of course by your chancellor. And your com- judges to resolve, that a murder or felony, commitmissions of lieutenancy, though they need your sig- ted by one Englishman upon another in a foreign nature, yet if any of the lieutenants should die, your kingdom, shall be punished before the constable and Majesty's choice and pleasure may be very well at- marshal here in England.

John Bertram, a grave man, above seventy years of age, 2001. He hanged himself in prison on the 17th of that and of a clear reputation, according to Camden, Annales Le- month. gis Jacobi I. p. 21. He killed with a pistol, in Lincoln's- † Mr. Trott. Inn, on the 12th of November, 1616, Sir John Tyndal, a I He died at the age of seventy, on the 15th of March, master in chancery, for having made a report against him 1616-17, having resigned the great seal on the 3rd of that in a cause, wherein the sum contended for did not exceed | month; which was given on the 7th to Sir Francis Bacon.

- First, in the book case, in the 13th year of king | whole carriage and passages of the negotiation, as Henry the fourth, in whose reign the statute was well with the king himself, as the duke of Lerma, made, it is expressly said, one liege-man was killed and council there, intermix discourse upon fit occain Scotland by another liege-man; and the wife of sions, that may express ourselves to the effect folhim that was killed did sue an appeal of murder in lowing: the constable's court of England. Vide Statutum, That you doubt not, but that both kings, for saith the book, de primo Henrici V. Cap. 14. that which concerns religion, will proceed sincerely, Et contemporanea expositio est fortissima in lege. both being entire and perfect in their own belief Stanford, an author without exception, saith thus, and way. But that there are so many noble and fol. 65, a. : “ By the statute of Henry IV. Cap. excellent effects, which are equally acceptable to 14, if any subject kill another subject in a foreign both religions, and for the good and happiness of kingdom, the wife of him that is slain may have the christian world, which may arise of this conjuncan appeal in England before the constable and mar- tion, as the union of both kings in actions of state, as shal; which is a case in terminis terminantibus. may make the difference in religion as laid aside, And when the wife, if the party slain have any, and almost forgotten. shall have an appeal, there, if he hath no wife, his As first, that it will be a means utterly to extinnext heir shall have it."

guish and extirpate pirates, which are the common If any fact be committed out of the kingdom, enemies of mankind, and do so much infest Europe upon the high sea, the lord admiral shall determine at this time. it. If in a foreign kingdom, the cognizance be- Also, that it may be a beginning and seed (for longeth to the constable, where the jurisdiction the like actions heretofore have had less beginnings) pertains to him.

of a holy war against the Turk : whereunto it And these authorities being seen by Bromley, seems the events of time do invite christian kings, chancellor, and the two chief justices, they clearly in respect of the great corruption and relaxation of resolved the case, as before I have certified your discipline of war in that empire ; and much more Majesty.

in respect of the utter ruin and enervation of the I humbly desire I may be so happy as to kiss Grand Signor's navy and forces by sea; which pour Majesty's hands, and to my exceeding comfort openeth a way, with congregating vast armies by to see your sacred person ; and I shall ever rest land, to suffocate and starve Constantinople, and Your Majesty's faithful and loyal subject, thereby to put those provinces into mutiny and

EDW. COKE.

insurrection. Feb. 25 [1616-17].

Also, that by the same conjunction there will be

erected a tribunal, or pretorian power, to decide the To the King's most excellent Majesty. controversies, which may arise amongst the princes

and estates of christendom, without effusion of chris

tian blood ; for so much as any estate of christendom TO THE KING.

will hardly recede from that which the two kings MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,

shall meditate and determine. My continual meditations upon your Majesty's

Also, that whereas there doth, as it were, creep service and greatness have, amongst other things, upon the ground a disposition in some places to produced this paper enclosed, which I most humbly make popular estates and leagues to the disadvanpray your Majesty to excuse, being that, which, tage of monarchies, the conjunction of the two kings

will be able to stop and impedite the growth of any in my judgment, I think to be good both de vero,

such evil. and ad populum. Of other things I have written to my lord of Buckingham. God for ever preserve

These discourses you shall do well frequently to

treat upon, and therewithal to fill up the spaces of and prosper your Majesty.

the active part of your negotiation; representing, Your Majesty's humble servant, most devoted that it stands well with the greatness and majesty and most bounden,

of the two kings to extend their cogitations and the

FR. BACON. influence of their government, not only to their own March 23, 1616.

subjects, but to the state of the whole world besides, Indorsed,

specially the christian portion thereof. My lord keeper to his Majesty, with some additimal instructions for Sir John Digby.

Account of Council Business. Additional instructions to Sir John Digby. I

For remedy against the infestation of pirates,

than which there is not a better work under heaven, Besides your instructions directory to the sub- and therefore worthy of the great care his Majesty stance of the main errand, we would have you in the hath expressed concerning the same, this is done :

Sir William, the most ancient writer on the pleas of the one of the justices of the common pleas. He died August 28, etw. He was born in Middlesex, August 22, 1509, educated 1558. 1a ihe university of Oxford, studied the law at Gray's-Inn, in + His Majesty had begun his journey towards Scotland, on waich he was elected autumn reader in 1545, made serjeant the 14th of March, 1616-17. in 1882, the year following queen’s serjeant, and, in 1554, Ambassador to the court of Spain.

First, Sir Thomas Smith hath certified in writ- For the proclamation, that lieutenants, not being ing, on the behalf of the merchants of London, that counsellors, deputy lieutenants, justices of the peace, there will be a contribution of 20,0001. a year, dur- and gentlemen of quality, should depart the city

, ing two years space, towards the charge of repressing and reside in their countries : we find the city so the pirates; wherein we do both conceive, that this, dead of company of that kind for the present, as we being as the first offer, will be increased. And we account it out of season to command that, which is consider also, that the merchants of the West, who already done. But after men have attended their have sustained in proportion far greater damage business the two next terms, in the end of Trinitythan those of London, will come into the circle, and term, according to the custom, when the justices follow the example : and for that purpose letters are shall attend at the star-chamber, I shall give a charge directed unto them.

concerning the same: and that shall be corroborated Secondly, for the consultation de modo of the by a proclamation, if cause be. arming and proceeding against them, in respect that For the information given against the Witheringmy lord admiral † cometh not yet abroad, the table tons, that they should countenance and abet the hath referred it to my lord treasurer, I the lord Ca- spoils and disorders in the middle shires; we find rew, § and Mr. Chancellor of the exchequer,|| who the informers to falter and fail in their accusation, heretofore hath served as treasurer of the navy, to Nevertheless, upon my motion, the table hath orderconfer with the lord admiral, calling to that confer- ed, that the informer shall attend one of the clerks ence Sir Robert Mansell, and others expert in sea- of the council, and set down articulately what he can service; and so to make report unto the board. At speak, and how he can prove it, and against whom, which time some principal merchants shall likewise either the Witheringtons or others. attend for the lords better information.

For the causes of Ireland, and the late letters from So that, when this is done, his Majesty shall be the deputy, f we have but entered into them, and advertised from the table : whereupon his Majesty have appointed Tuesday for a farther consultation may be pleased to take into his royal consideration, of the same; and therefore of that subject I forbear both the business in itself, and as it may have rela- to write more for this present tion to Sir John Digby's embassage.

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

TO THE LORD KEEPER.** much less to neglect due provision to make all sure. And therefore order is given, that as well the trained MY HONOURABLE LORD, bands, as the military bands newly erected, shall be

WHEREAS the late lord chancellor thought it fit to in muster as well weekly, in the mean time, on every dismiss out of the chancery a cause touching Henry Thursday, which is the day upon which May-day Skipwith to the common law, where he desireth it falleth, as in the May-week itself, the Monday, Tues- should be decided : these are to entreat your lordday, Wednesday, and Thursday. Besides, that the shipit in the gentleman's favour, that if the adverse strength of the watch shall that day be increased.

party shall attempt to bring it now back again into For the buildings in and about London, order is your lordship’s court, you would not retain it there

, given for four selected aldermen, and four selected but let it rest in the place where now it is, that justices, to have the care and charge thereof laid upon without more vexation unto him in posting him from them ; and they answerable for the observing of his

one to another, he may have a final hearing and deMajesty's proclamation, and for stop of all farther termination thereof. And so I rest building; for which purposes the said Eslus are warn

Your lordship’s ever at command, ed to be before the board, where they shall receive a

G. BUCKINGHAM. 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;

This is a business, wherein I spake to my lord and it shall be strengthened with farther commission, chancellor ; f | whereupon he dismissed the suit. if there be cause.

Lincoln, the 4th of April, 1617. * Of Biborough in Kent, second son of Thomas Smith, of || Sir Fulk Greville. Ostenhanger, of that county, Esq. He had farmed the cus- T Sir Oliver St. John, afterwards viscount Grandison. toms in the reign of queen Elizabeth, and was sent by king ** Harl. MSS. Vol. 7006. James I. ambassador to the court of Russia, in March 1601-5; tt This is the first of many letters, which the marquis of from whence returning, he was made governor of the society Buckingham wrote to lord Bacon in favour of persons, who of merchants trading to the East-Indies, Muscovy, the French had causes depending in, or likely to come into the court of and Summer Islands; and treasurer for the colony and com- chancery. And it is not improbable, that such recommend, pany of Virginia. He built a magnificent house at Deptford, ations were considered in that age as less extraordinary and which was burnt on the 30th of January, 1618; and in April irregular, than they would appear now. The marquis made 1619, he was removed from his employment of governor and the same kind of applications to lord Bacon's successor, treasurer, upon several complaints of frauds committed by him. the lord keeper Williams, in whose Life, by bishop Hacket, + Charles Howard, carl of Nottingham.

Part I. p. 107, we are informed, that "there was not a cause Thomas Howard, earl of Suffolk.

of moment, but, as soon as it came to publication, one of the George, lord Carew, who had been president of Munster, parties brought letters from this mighty peer, and the lord in Ireland, and was now master of the ordnance. He was keeper's patron." created earl of Totness by king Charles I. 1626.

Ellesmere.

MY LORD,

TO THE REVEREND UNIVERSITY OF

TO THE LORD KEEPERT
OXFORD.*

MY VERY GOOD LORD, AMONGST the gratulations I have received, none I SPAKE at York with the archbishop, ** touching are more welcome and agreeable to me than your the house, which he hath wholly put into your letters, wherein the less I acknowledge of those hands, to do with it what your lordship shall be attributes you give me, the more I must acknowledge pleased. of your affection, which bindeth me no less to you, I have heretofore, since we were in this journey, that are professors of learning, than my own dedi- moved his Majesty for despatch of my lord Brackcation doth to learning itself. And therefore you ley's ft business : but because his Majesty never have no need to doubt, but I will emulate, as much having heard of any precedent in the like case, was as in me is, towards you the merits of him that is of opinion, that this would be of ill consequence in gone, by how much the more I take myself to have making that dignity as easy, as the pulling out of a more propriety in the principal motive thereof. And sword to make a man a knight, and so make it of for the equality you write of, I shall by the grace of little esteem, he was desirous to be assured, first, God, far as may concern me, hold the balance as that it was no new course, before he would do it in equally between the two universities, as I shall hold that fashion. But since he can receive no assurance the balance of other justice between party and party. from your lordship of any precedent in that kind, And yet in both cases I must meet with some inclin- his Majesty intendeth not so to precipitate the ations of affection, which nevertheless shall not carry business, as to expose that dignity to censure and me aside. And so I commend you to God's goodness. contempt, in omitting the solemnities required, and Your most loving and assured friend, usually belonging unto it.

FR. BACON.

His Majesty, though he were a while troubled Gorhambury, April 12, 1617.

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. TO THE LORD KEEPER.+

I showed his Majesty your letter, who taketh very

well your care and desire to hear of his health. MY HONOURABLE LORD,

So I commit you to God, and rest I Have acquainted his Majesty with your letters, who liked all your proceedings well, saving only the

Your lordship's most assured friend to do you

service, point, for which you have since made amends, in

G. BUCKINGHAM. obeying his pleasure touching the proclamation. His Majesty would have your lordship go thoroughly Aukland, the 18th of April, 1617. about the business of Ireland, whereinto you are so well entered, especially at this time, that the chief Since the writing of this letter, I have had some justice I is come over, who hath delivered his opin- farther speech with his Majesty, touching my lord ion thereof to his Majesty, and hath understood Brackley; and find, that if, in your lordship's inwhat his Majesty conceived of the same; wherewith formation in the course, you write any thing, that he will acquaint your lordship, and with his own may tend to the farthering of the despatch of it in observation and judgment of the businesses of that that kind, he desireth it may be done. country.

I give your lordship hearty thanks for your care to satisfy my lady of Rutland'są desire ; and will be

TO THE LORD KEEPERII
as careful, when I come to York, of recommending
your suit to the bishop. || So I rest

MY HONOURABLE LORD,
Your lordship's ever at command, I send your lordship the warrant for the queen sø
G. BUCKINGHAM. signed by his Majesty, to whom I have likewise

delivered your lordship's letter. And touching the Newark, the 5th of April, 1617.

matter of the pirates, his Majesty cannot yet resolve; To my rery honourable lord, Sir Francis Bacon, but within a day or two your lordship shall see a knight, lord keeper of the great seal of England. despatch, which he purposeth to send to the lords

From the collections of the late Robert Stephens, Esq., Charleton in Wiltshire, knight. She had by the earl an only historiographer royal, and John Locker, Esq., now in posses- daughter and heir, Catharine, first married to George, marsion of the editor.

quis, and afterwards duke, of Buckingham; and secondly to Harl. MSS. vol. 7006.

Randolph Mac-Donald, earl, and afterwards marquis, of Sir John Denham, one of the lords justices of Ireland in Antrim in Ireland. 1616. He was made one of the barons of the Exchequer in || Relating to York-house. England, May 2, 1617. He died January 6, 1638, in the Harl, MSS. vol. 7006. eightieth year of his age. He was the first who set up customs ** Dr. Tobie Matthew. in Ireland, (not but there were laws for the same before,) of ++ Who desired to be created earl in an unusual manner, #bich the first year's revenue amounted but to 5001.; but by letters patents, without the delivering of the patent by the before his death, which was about twenty-two years after, they king's own hand, or without the ordinary solemnities of creawere let for 51,0001. per annum. Borlase's Reduction of tion. He was accordingly created earl of Bridgwater, May Ireland to the Crown of England, p. 200. Edit. London, 1675. 27, 1617.

If Harl. MSS. vol. 7006. Frances, countess of Rutland, first wife of Francis, earl of $$ Relating to her house. See the lord keeper's letter of Rutland, and daughter and coheir of Sir Henry Knevet, of April 7, 1617, printed in his works.

mas.

of his council in general, what his opinion and plea- before his going into France, which, by the king's sure is in that point.

commandment, is to be within some ten days: and I I would not omit this opportunity to let your lord-could wish you used him kindly and with respect. ship know, that his Majesty, God be thanked, is in His return out of France is intended before Michaelvery good health, and so well pleased with his God direct you, and be with you. I rest journey, that I never saw him better, nor merrier. Your very loving uncle, and assured friend, So I rest

FR. BACON.
Your lordship's ever at command,

Dorset-house, this 28th of April, 1617.
G. BUCKINGHAM.
From Newcastle, the 23d of Apr. 1617.

TO THE LORD KEEPER. I

MY HONOURABLE LORD,
LORD KEEPER BACON TO MR. MAXEY,
FELLOW OF TRINITY COLLEGE, CAM-

I UNDERSTAND that Sir Lewis Tresham hath a BRIDGE.*

suit depending in the chancery before your lordship;

and therefore out of my love and respect toward him, AFTER my hearty commendations, I having heard | I have thought fit to recommend him unto your of you, as a man well deserving, and of able gifts favour so far only, as may stand with justice and to become profitable in the church ; and there being equity, which is all he desireth, having to encounter fallen within my gift the rectory of Frome St. a strong party. And because he is shortly to go Quintin with the chapel of Evershot, in Dorsetshire, into Spain, about some other business of his own, I which seems to be a thing of good value, 181. in farther desire your lordship to give him what expethe king's books, and in a good country, I have dition you can, that he may receive no prejudice by thought good to make offer of it to you; the rather his journey. for that you are of Trinity college, whereof myself

Your lordship's ever at command, was some time: and my purpose is to make choice

G. BUCKINGHAM. of men rather by care and inquiry, than by their

Indorsed May 6, 1616. own suits and commendatory letters. So I bid you farewell. From your loving friend, FR. BACON, C. S.

TO THE LORD KEEPER.Ş
From Dorset-house, 23 April, 1617.

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.

keep your chamber. And being desirous to under

stand the true estate of your health, which reports GOOD NIECE,

do not always bring, I entreat your lordship to favour Amongst your other virtues, I know there want- me with a word or two from yourself, which, I hope, eth not in you a mind to hearken to the advice of will bring me the comfort I desire, who cannot but your friends. And therefore you will give me leave be very sensible of whatsoever happeneth to your to move you again more seriously than before in lordship, as being the match with Mr. Comptroller.T

Your lordship’s most affectionate to do you The state wherein you now are, is to be preferred

service, before marriage, or changed for marriage, not simply

G. BUCKINGHAM. the one or the other, but according as, by God's providence, the offers of marriage are more or less His Majesty, God be thanked, is very well, and fit to be embraced. This gentleman is religious, a safely returned from his hunting journey. person of honour, being counsellor of state, a great

From Edinburgh, the 3d of June, 1617. 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 TO THE EARL OF BUCKINGHAM. of a loving and excellent good nature; and, I find,

MY VERY GOOD LORD, hath set his affections upon you ; so as I foresee * you may sooner change your mind, which, as you This day I have made even with the business of told me, is not yet towards marriage, than find so the kingdom for common justice; not one cause unhappy a choice. I hear he is willing to visit you, heard ; the lawyers drawn dry of all the motions

* From the collections of the late Robert Stephens, Esq. knight, clerk of the signet: which lady died at Paris, Dec. 31, + Sir Thomas Edmonds, who had been appointed to that 1614. office, December 21, 1616; and January 19, 1617-18, was made The proposal for a second marriage between him and the lord treasurer of the household. He had been married to Mag-keeper's niece does not appear to have had success, dalen, one of the daughters and coheirs of Sir John Wood, Harl. MSS, Vol. 7006.

§ Ibid.

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