« VorigeDoorgaan »
which is the chief, cor unum et viam unam ; hop- | Argus's eyes. It is an advice, that commonly is ing, that your Majesty will do as your superior free from private and particular ends, which is the doth; that is, finding my heart upright, you will bane of counsel. For although some particular bear with my other imperfections. And lastly, your members of parliament may have their private ends ; Majesty shall have the best of my time, which, I yet one man sets another upright; so that the reassure myself, I shall conclude in your favour, and sultate of their cou els is, for the most part, direct survive in your remembrance. And that is my and sincere. But this advice is to be given with prayer for myself. The rest shall be in prayers for distinction of the subjects: they are to tender and your Majesty.
offer their advice by bill or petition, as the case requires. But in those things, that are Arcana Im
perii, and reserved points of sovereignty, as making TO THE LORD CHANCELLOR.*
of war and peace, or the like, there they are to ap
ply their advice to that, which shall be communicated MY NOBLE LORD,
unto them by the king, without pressing farther I have showed your letter of thanks to his Ma- within the veil, or reaching forth to the forbidden jesty, who saith there are too many thanks in it for fruit of knowledge. In these things the rule holds, 80 small a favour; which he holdeth too little to en “ tantum permissum quantum commissum.” courage so well a deserving servant. For myself, I shall ever rejoice at the manifestation of his Majesty's favour towards you, and will contribute all, that is in me, to the increasing of his good opinion; TO THE MARQUIS OF BUCKINGHAM. ever resting
MY VERY GOOD LORD, Your lordship's faithful friend and servant,
With due thanks to your last visit, this day is & G. BUCKINGHAM. play day for me. But I will wait on your lordship,
if it be necessary.
I do hear from divers of judgment, that to-mor
row's conference t is like to pass in a calm, as to the Speech of the Lord Viscount St. ALBAN, Lord Chan- referees.I Sir Lionel Cranfield, who hath been cellor, to the Parliament, January 30, 1620. formerly the trumpet, said yesterday, that he did
now incline to Sir John Walter's opinion and moMY LORDS AND MASTERS,
tion, not to have the referees meddled with otherYou have heard the king's speech ; and it makes wise than to discount it from the king; and so not me call to mind what Solomon saith, who was also to look back, but to the future. And I do hear a king: “ The words of the wise are as nails and almost all men of judgment in the house wish now pins, driven in and fastened by the masters of as
I woo nobody: I do but listen, and I semblies.” The king is the master of this assembly; have doubt only of Sir Edward Coke, who, I wish, and thongh his words, in regard of the sweetness of had some round caveat given him from the king; them, do not prick; yet, in regard of the weight for your lordship hath no great power with him; and wisdom of them, I know they pierce through but I think a word from the king mates him. and through ; that is, both into your memories, and If things be carried fair by the committees of the into your affections; and there I leave them. lower house, I am in some doubt, whether there
As the king himself hath declared unto you the will be occasion for your lordship to speak to-morcauses of the convoking of this parliament; so he row ; though, I confess, I incline to wish you did, hath commanded me to set before you the true in-chiefly because you are fortunate in that kind; and, stitution and use of a parliament, that thereby you to be plain also, for our better countenance, when may take your aim, and govern yourselves the better your lordship, according to your noble proposition, in parliament matters : for then are all things in shall show more regard of the fraternity you have best state, when they are preserved in their primi- with great counsellors, than of the interest of your tise institution; for otherwise ye know the principle natural brother. of philosophy to be, that the corruption or degener Always, good my lord, let us think of times out ation of the best things is the worst.
of parliament, as well as the present time in parThe kings of this realm have used to summon liament, and let us not all be put es pourpoint. their parliaments or estates for three ends or pur- Fair and moderate courses are ever best in causes poses; for advice, for assent, and for aid.
of estate: the rather, because I wish this parliament, For advice, it is no doubt great surety for kings by the sweet and united passages thereof, may into take advice and information from their parliament.crease the king's reputation with foreigners, who It is advice, that proceedeth out of experience; may make a far other judgment than we mean, of a it is not speculative or abstract. It is a well-tried beginning to question great counsellors and officers advice, and that passeth many revenues, and hath of the crown, by courts, or assemblies of estates. • Harl. MSS. Vol. 7000.
Those, to whom the king referred the petitions, to con† On Monday the 5th of March, 1620-1, the house of lords sider, whether they were fit to be granted or no. This exreceived a message from the commons, desiring a conference planation of the word referees, I owe to a note in a MS. saching certain grievances, principally concerning Sir Giles letter, written to the celebrated Mr. Joseph Mead, of Christ's M as pesson. See Journal of the House of Lords.
But the reflection upon my particular in this makes TO THE MARQUIS OF BUCKINGHAM. +
MY VERY GOOD LORD,
Your lordship spoke of purgatory. I am now in
it; but my mind is in a calm; for my fortune is not
my felicity. I know I have clean hands, and a March 7, the day I received the seal, 1620.
clean heart; and, I hope, a clean house for friends or servants. But Job himself, or whosoever was the
justest judge, by such hunting for matters against TO THE KING.*
him, as hath been used against me, may for a time
seem foul, especially in a time, when greatness is IT MAY PLEASE YOUR MAJESTY,
the mark, and accusation is the game. And if this be I RECEIVED your Majesty's letter about mid
to be a chancellor, I think, if the great seal lay upon night: and because it was stronger than the ancient
Hounslow Heath, nobody would take it up. But summons of the exchequer, which is sicut teipsum
the king and your lordship will, I hope, put an end et omnia tua diligis; whereas this was sicut me
to these my straits one way or other. And in troth diligis; I used all possible care to effect your Ma
that, which I fear most, is, lest continual attendance jesty's good will and pleasure.
and business, together with these cares, and want of I sent early to the prince, and to my lord trea
time to do my weak body right this spring by diet surer: and we attended his highness soon after seven
and physic, will cast me down; and that it will be of the clock, at Whitehall, to avoid farther note.
thought feigning, or fainting. But I hope in God I We agreed, that, if the message came, we would put shall hold out. God prosper you. the lords into this way, that the answer should be, that we understood they came prepared both with examination and precedent; and we likewise desired to be alike prepared, that the conference might be TO THE CHANCELLOR OF THE DUCHY, SIR with more fruit.
HUMPHREY MAY. I did farther speak with my lord of Canterbury, when I came to the house, not letting him know
Good MR. CHANCELLOR, any part of the business, that he would go on with There will come, upon Friday, before you a paa motion, which he had told me of the day before, tents of his Majesty's for the separation of the that the lords house might not sit Wednesday and company of apothecaries from the company of Friday, because they were convocation-days; and so grocers, and their survey, and the erecting them was the former custom of parliament.
into a corporation of themselves under the survey As good luck was, the house read two bills, and of the physicians. It is, as I conceive, a fair busihad no other business at all: whereupon my lord of ness both for law and conveniency, and a work, Canterbury made his motion; and I adjourned the which the king made his own, and did, and, as I honse till Saturday. It was no sooner done, but hear, doth take much to heart. It is in favorem came the message from the lower house. But the vite, where the other part is in favorem lucri. You consummatum est was past, though I perceived a may perhaps think me partial to apothecaries, that great willingness, in many of the lords, to have have been ever puddering in physic all my life. But recalled it, if it might have been.
there is a circumstance, that touches upon me but So with my best prayers for your Majesty's pre-post diem, for it is comprehended in the charge and servation, I rest
sentence passed upon me. It is true, that after I Your Majesty's most bounden and most devoted had put the seal to the patent, the apothecaries @ servant,
presented me with a hundred pounds. It was no FR. ST. ALBAN, CANC. | judicial affair. But howsoever, as it may not be deThursday, at eleven of our forenoon [March 8, 1620]. fended, so I would be glad it were not raked up
* The date of this letter is determined to be the 8th of + This letter seems to have been written soon after lord St. March 1620-1, from the circumstance of its being mentioned Alban began to be accused of abuses in his office of chancellor. to have been written on that Thursday, on which the house of I The patent for incorporating the apothecaries by themilords adjourned to the Saturday following. It appears from selves, by the appellation of The masters, wardens, and the journal of that house, that on the 8th of March 1620, the society of the art and mystery of apothecaries of London," said house, at which were present the prince of Wales and was dated December 6, 1617. They had been incorporated marquis of Buckingham, was adjourned to Saturday the 10th, with the company of grocers, April 9, 1606. on which day a conference of both houses was held relating to § His lordship being charged by the house of commons, the complaint of that of the commons against Sir Giles Mom that he had received 1001. of the new company of apothecapesson. Of this conference the lord chancellor made report ries, that stood against the grocers, as likewise a taster of on Monday, March 12, to the house of lords, remarking, that gold worth between 400 and 5011. with a present of ambergrise. “the inducement to this conference was to clear the king's from the apothecaries that stood with the grocers, and XV. honour, touching grants to Sir Giles, and the passages in pro of the grocers; he admits the several sunis to have been rem curing the same.' After this report of the conference, the ceived of the three parties, but alleges, that he considered lord chamberlain, William earl of Pembroke, complained to those presents as no judicial business, but a concord of P3the house, that two great lords, meaning the lord chancellor, position between the parties; and as he thought they had all and the lord treasurer, the lord viscount Mandeville, had, in three received yood, and they were all common purses, he that conference, spake in their own defence, not being allowed thought it the less matter to receive what they voluntarily to do so when the committees were named. Upon which both presented; for if he had taken it in the nature of a bribe, he the lords acknowledged their error, and begged pardon of the knew it could not be concealed, because it must be put to the house.
account of the three several companies.
more than needs. I doubt only the chair * because find favour in his eyes ; and that I sulmit myself I hear he useth names sharply ; and besides, it may wholly to his grace and mercy, and to be governed be, he hath a tooth at me yet, which is not fallen both in my cause and fortunes by his direction, out with age. But the best is, as one saith, “ satis knowing that his heart is inscrutable for good. est lapsos non erigere; urgere vero jacentes, aut Only I may express myself thus far, that my desire præcipitantes impellere, certe est inhumanum.” Mr. is, that the thread, or line, of my life, may be no Chancellor, if you will be nobly pleased to grace me longer than the thread, or line, of my service: I upon this occasion, by showing tenderness of my mean, that I may be of use to your Majesty in one name, and commiseration of my fortune, there is no kind or other. man in that assembly, from whose mouth I had ra Now for any farther speech, I would humbly pray ther it should come. I hope it will be no dishonour his Majesty, that whatsoever the law of nature to you. It will oblige me much, and be a worthy shall teach me to speak for my own preservation, fruit of our last reintegration of friendship. I rest your Majesty will understand it to be in such sort, Your faithful friend to do you service.
as I do nevertheless depend wholly upon your will and pleasure. And under this submission, if your
Majesty will graciously give me the hearing, I will Memoranda of what the LORD CHANCELLOR intended
open my heart unto you, both touching my fault,
and fortune. to deliver io the King, April 16, 1621,+ upon his
For the former of these, I shall deal ingenuously first access to his Majesty, after his troubles.
with your Majesty, without seeking fig-leaves or That howsoever it goeth with me, I think myself subterfuges. infinitely bound to his Majesty for admitting me to There be three degrees, or cases, as I conceive, touch the hem of his garment; and that, according of gifts and rewards given to a judge : to my faith, so be it unto me.
The first is of bargain, contract, or promise of reThat I ought also humbly to thank his Majesty ward, pendente lite. And this is properly called for that, in that excellent speech of his which is “ venalis sententia," or “ baratria," or corrupprinted, that speech of so great maturity, wherein telæ munerum." And of this my heart tells me, I am the elements are so well mingled, by kindling affec innocent, that I had no bribe or reward in my eye or tion, lig washing away aspersion, by establishing of thought, when I pronounced any sentence or order. opinion, and yet giving way to opinion, I do find The second is a neglect in the judge to inform some passages, which I do construe to my advantage. himself whether the cause be fully at an end or no,
And lastly, I have heard from my friends, that, what time he receives the gift ; but takes it upon notwithstanding these waves of information, his the credit of the party, that all is done ; or otherBlajesty mentions my name with grace and favour. wise omits to inquire.
In the next place, I am to make an oblation of And the third is, when it is received sine fraude, myself into his Majesty's hands, that, as I wrote to after the cause ended; which, it seems by the him, I am as clay in his hands, his Majesty may opinion of the civilians, is no offence. Look into make a vessel of honour or dishonour of me, as I the case of simony, &c.
• Sir Robert Philips was chairman of the committee of the discontinued for some time, in hopes, as it was imagined, of bruse of commons for inquiring into the abuses of the courts softening the lord chancellor’s fall; but upon the re-assembling justice. He was son of Sir Edward Philips, Master of the of the parliament, more complaints being daily represented, Hills
, who died September 11, 1614, being succeeded by Sir on Wednesday, April 21, the prince signified unto the lords, Julius Cæsar, to whom the king had given, January 16, that his lordship had sent a submission, dated the 22nd. 1610-11, under the great seal, the reversion of that post. Which the lords having considered and heard the collection
† A committee of the house of commons had been appointed of corruptions charged on him, and the proofs read, they sent about the 12th of March, 1620-1, to inspect the abuses of the a copy of the same, without the proofs, to him, by baron Denearts of justice, of which Sir Edward Sackville was named ham and Mr. Attorney-general, with this message, that his be chairman, but by reason of some indisposition, Sir Robert lordship's confession was not fully set down by him; and that Philips was chosen in his room. The first thing they fell they had therefore sent bim the particular charge, and exupeo was bribery and corruption, of which the lord chancellor pected his answer to it with all convenient expedition. To *as accused by Mr. Christopher Aubrey and Mr. Edward which he answered, that he would return their lordships an Egerton; who affirmed, that they had procured money to be answer with speeri. On the 25th of April, the lords congiven to his lordship to promote their causes depending before sidered of this said answer, and sent a second message by the hin. This charge being corroborated by some circumstances, same persons, that having received a doubtful answer to their a report of it was made from the committee to the house, on message, sent him the day before, they now sent to him again, Thursday, the 15th of March; and a second on the 17th, of to know directly and presently, whether his lordship would kher matters of the same nature, charged upon his lordship. make his confession, or stand upon his defence. His answer, The beads of the accusation having been drawn up were pre returned by the same messengers, was, that he would make sented by the commons to the lords, in a conference, on Mon no manner of defence, but meant to acknowledge corruption,
, the 19th of the same month. The subject of this confer and to make a particular confession to every point, and after bue being reported, the next day, to the house of lords, by that an humble submission; but humbly craved liberty, that that lyrd treasurer, the marquis of Buckingham presented to where the charge was more full than he finds the truth of the their lordships a letter to them from the lord chancellor, dated fact, he may make declaration of the truth in such particulars, that day, t'pon this letter, answer was sent from the lords to the charge being brief, and containing not all circumstances. the drui chancellor, on the 20th, that they had received his The lords sent the same messengers, to let him know, that etter and intended to proceed in his cause, now before them, they granted him time to do this till the Monday following; ar rug to the rule of justice, desiring his lordship, to pro when he sent his confession and submission; which being brist for his just defence. The next day, March 21, the com avowed by him to several lords, sent to him, the lords resolved, Dyns sent to the lords a farther charge against the lord chan on the 2nd of May, to proceed to sentence him the next morntpilor; and their lordships, in the mean time, examined the ing, and summoned him to attend; which he excusing on acfu mpitints against him, and witnesses in the house, and ap count of being confined to his bed by sickness, they gave pruted a select committee of themselves to take examinations judgment accordingly on the 3d of May, 1621. Likewise. T'owards the latter end of March the session was
ation of the state were frustrated, and the city of Draught of another paper to the same purpose. Ghent, in foreign parts, lost.
3. And his setting the seal to pardons for murThere be three degrees, or cases, of bribery, ders, and other enormous crimes. charged or supposed, in a judge:
The judgment was imprisonment, fine, and ranThe first, of bargain, or contract, for reward to som, and restitution to the king, but no disablement, pervert justice.
nor making him uncapable, no degrading in honour The second, where the judge conceives the cause mentioned in the judgment; but contrariwise, in the to be at an end, by the information of the party, or clause, that restitution should be made and levied otherwise, useth not such diligence, as he ought, to out of his lands and goods, it is expressly said, that inquire of it. And the third, when the cause is because his honour of earl was not taken from him, really ended, and it is sine fraude, without relation therefore his 201. per annum creation money should to any precedent promise.
not be meddled with. Now if I might see the particulars of my charge, I should deal plainly with your Majesty, in whether
Observations upon THORPE's Case. of these degrees every particular case falls.
But for the first of them, I take myself to be as 24. Edw. 3. His offence was taking of money innocent, as any born upon St. Innocents' day, in my from five several persons, that were felons, for stayheart,
ing their process of exigent ; for that it made him a For the second, I doubt in some particulars I kind of accessary of felony, and touched upon matter may be faulty.
capital. And for the last, I conceived it to be no fault;
The judgment was the judgment of felony : but the therein I desire to be better informed, that I may proceeding had made things strong and new; first, be twice penitent, once for the fact, and again for the the proceeding was by commission of oyer and ter
For I had rather be a briber, than a de miner, and by jury; and not by parliament. fender of bribes.
The judgment is recited to be given in the king's I must likewise confess to your Majesty, that at high and sovereign power. new-year's tides, and likewise at my first coming in, It is recited likewise, that the king, when he made which was, as it were, my wedding, I did not so him chief justice, and increased his wages, did ore precisely, as perhaps I ought, examine whether tenus say to him, in the presence of his council, that those, that presented me, had causes before me, now if he bribed he would hang him: unto which yea or no.
penance, for so the record called it, he submitted And this is simply all, that I can say for the pre- himself. So it was a judgment by contract. sent, concerning my charge, until I may receive it His oath likewise, which was devised some few more particularly. And all this while, I do not fly years before, which is very strict in words, that he to that, as to say, that these things are vitia tem- shall take no reward, neither before nor after, is poris and not vitia hominis.
chiefly insisted upon. And that, which is more to For my fortune, summa summorum with me is, be observed, there is a precise proviso, that the that I may not be made altogether unprofitable to judgment and proceeding shall not be drawn into do your Majesty service, or honour. If your Majesty example against any, and specially not against any continue me as I am, I hope I shall be a new man, who have not taken the like oath : which the lord and shall reform things out of feeling, more than chancellor, lord treasurer, master of the wards, &c. another can do out of example. If I cast part of take not, but only the judges of both benches, and my burden, I shall be more strong and delivré to baron of the exchequer. bear the rest. And, to tell your Majesty what my The king pardoned him presently after, doubting, thoughts run upon, I think of writing a story of as it seems, that the judgment was erroneous, both England, and of recompiling of your laws into a in matter and form of proceeding; brought it before better digest.
the lords of parliament, who affirmed the judgment, But to conclude, I most humbly pray your Ma- and gave authority to the king in the like cases, for jesty's directions and advice. For as your Majesty the time to come, to call to him what lords it pleashath used to give me the attribute of care of your ed him, and to adjudge them. business, so I must now cast the care of myself upon
God and you.
Notes upon Sir John Lee's Case, Steward of the
King's Household. Notes upon MICHAEL DE LA Pole's Case.*
44 Edw. 3. His offences were, great oppressions 10 Rich. 2. The offences were of three natures : in usurpation of authority, in attacking and impri1. Deceits to the king.
soning in the Tower, and other prisons, numbers of 2. Misgovernance in point of estate, whereby the the king's subjects, for causes no ways appertaining ordinances made by ten commissioners for reform to his jurisdiction ; and for discharging an appellant
of felony without warrant, and for deceit of the king, * This paper was probably drawn up on occasion of the and extortions. proceedings and judgment passed upon the lord viscount St. Alban, by the house of lords, May 3, 1621.
His judgment was only imprisonment in the
Tower, until he had made a fine and ransom at the Deus illustrissimam Dominationem tuam incoluking's will; and no more.
mem servet et prosperam.
Servus tuus, Junii 6, 1621.
FR. ST. ALBAN. Notes upon
Lord LATIMER's Case, 50 Edw. 3. His offences were very high and heinonis, drawing upon high treason : as the extor
TO COUNT GONDOMAR. * tious taking of victuals at Bretagne, to a great ralue, without paying any thing; and for ransoming
ILLUSTRISSIMO ET EXCELLENTISSIMO DOMINO, divers parishes there to the sum of 83,0001. con PERSPEXI et agnosco providentiam divinam, quod trary to the articles of truce proclaimed by the king; in tanta solitudine mihi tanquam cælitus suscitafor suffering his deputies and lieutenants in Bretagne verit talem amicum, qui tantis implicatus negotiis, et to exact, upon the towns and countries there, divers in tantis temporis angustiis, curam mei habuerit, soms of money, to the sum of 150,000 crowns; for idque pro me effecerit, quod alii amici mei aut non sharing with Richard Lyons in his deceit of the ausi sint tentare, aut obtinere non potuerint. At. king; for enlarging, by his own authority, divers que illustrissimæ Dominationi tuæ reddent fructum felons; and divers other exorbitant offences. proprium et perpetuum mores tui tam generosi, et
Notwithstanding all this, his judgment was only erga omnia officia humanitatis et honoris propensi ; to be committed to the Marshalsea, and to make fine neque erit fortasse inter opera tua hoc minimum, and ransom at the king's will.
quod me, qui et aliquis fui apud vivos, neque omniBut after, at the suit of the commons, in regard no intermoriar apud posteros, ope et gratia tua erexof those horrible and treasonable offences, he was eris, confirmaris. Ego quid possum ? Ero tandem displaced from his office, and disabled to be of the tuus, si minus usufructu, at saltem affectu, voto. king's council; but his honours not touched, and he Sub cineribus fortunæ vivi erunt semper ignes amowas presently bailed by some of the lords, and suf- ris. Te igitur humillime saluto, tibi valedico, omfered to go at large.
nia prospera exopto, gratitudinem testor, observantiam polliceor.
Illustrissimo et excellentissimo Do. Do. Didaco SarJohn Lord Neville's Case.
miento de Acunna, Comiti de Gondomar, Legato 50 Edw. 3. His offences were, the not supplying
Regis Hispaniarum extraordinario in Anglia. the full number of the soldiers in Bretagne, according to the allowance of the king's pay. And the second was for buying certain debts, due from the TO THE MARQUIS OF BUCKINGHAM." king, to his own lucre, and giving the parties small recompence, and specially in a case of the lady
MY VERY GOOD LORD, Ravensholme.
I HUMBLY thank your lordship for the grace and And it was prayed by the commons, that he favour which you did both to the message and mesmight be put out of office about the king: but senger, in bringing Mr. Meautys to kiss his Majesthere was no judgment given upon that prayer, but ty's hands, and to receive his pleasure. My riches only of restitution to the lady, and a general clause in my adversity hath been, that I have had a good cf being punished according to his demerits. master, a good friend, and a good servant.
Perceiving, by Mr. Meautys, his Majesty's inclination, it shall be, as it hath ever used to be to me,
instead of a direction; and therefore I purpose to go TO THE COUNT GONDOMAR, AMBASSADOR forth with to Gorhambury, humbly thanking his MaFROM THE COURT OF SPAIN.
jesty nevertheless, that he was graciously pleased to
have acquainted my lords with my desire, if it had ILLUSTRISSIMO DOMINO LEGATO,
stood me so much upon. But his Majesty knoweth Amorum illustrissimæ Dominationis tuæ erga me, best the times and seasons; and to his grace I subejusque et fervorem et candorem, tam in prosperis mit myself, desiring his Majesty and your lordship rebus, quam in adversis, equabili tenore constantem to take my letters from the Tower, as written de perspexi. Quo nomine tibi meritas et debitas gra- profundis, and those I continue to write to be ex tias ago. Me vero jam vocat et ætas, et fortuna, aquis salsis. atque etiam genius meus, cui adhuc satis morose
[June 22, 1621.] satisfeci, ut excedens e theatro rerum civilium literis me dedam, et ipsos actores instruam, et posteri
Indorsed, tati serviam. Id mihi fortasse honori erit, et degam To Lord Buckingham, upon bringing Mr. Meautys tanquam in atriis vitæ melioris.
to him to kiss the king's hands.
• In the “ Letters, Memoirs, &c. of the lord chancellor † This letter is reprinted here, because it differs, in some Baina,” published by Mr. Stephens, in 1736, p. 517, is a respects, from that published in “ Letters, Memoirs, Parlia. spanish letter to him from count Gondomar, dated at London, mentary Affairs, State Papers,” &c. by Robert Stephens, June 14, 1621.
Esq. p. 151. Edit. London, 1736, 4to.