we were loth to draw my lord into the air, being but of your letter, a note of the precedents that I find in newly upon his recovery.*

my lord Brackley's business; which do rather come We conceive the parts of the business are four : near the case than match it. Your lordship knowthe charge; the confederations, and who shall be eth already my opinion, that I would rather have solicited or retained to come in; the forces and the you constant in the matter, than instant for the time. distributions of them; and the enterprise. We had I send also enclosed an account of council business only at this time conference amongst ourselves, and by way of remembrance to his Majesty, which it shall appoint, after the holy-days, times for the call. may please you to deliver to him. ing before us such as are fit, and thereupon perform The queen returneth her thanks to your lordship all the parts of your royal commandments. for the despatch of the warrant touching her house:

In this conference I met with somewhat which I have not yet acquainted the lord treasurer and I must confess was altogether new to me, and opened chancellor of the exchequer with it; but I purpose but darkly neither; whereof I think Mr. Vice-to-morrow to deliver them the warrant, and to adChamberlain will give your Majesty some light, for vise with them for the executing of the same. so we wished. By occasion whereof I hold it my I have received the king's letter with another duty, in respect of the great place wherein your from your lordship, touching the cause of the officers, Majesty hath set me, being only made worthy by and Sir Arthur Ingram, whereof I will be very careyour grace, which maketh it decent for me to coun- ful to do them justice. sel you ad summas rerum, to intimate or represent to Yesterday I took my place in chancery, which I your Majesty thus much.

hold only for the king's grace and favour, and your I do foresee, in my simple judgment, much in constant friendship. There was much ado, and a convenience to ensue, if your Majesty proceed to this great deal of world ; but this matter of pomp, which treaty with Spain, and that your council draw not all is heaven to some men, is hell to me, or purgatory one way. I saw the bitter fruits of a divided council, at least. It is true, I was glad to see that the king's the last parliament; I saw no very pleasant fruits choice was so generally approved; and that I had thereof in the matter of the cloth. This will be of so much interest in men’s good will and good opinions, equal, if not more inconvenience ; for wheresoever because it maketh me the fitter instrument to do the opinion of your people is material, as in many my master service and my friend also. cases it is not, there, if your council be united, they After I was set in chancery, I published his Mashall be able almost to give law to opinion and jesty's charge which he gave me when he gave me rumour; but if they be divided, the infusion will the seal; and what rules and resolutions I had not be according to the strength and virtue of the taken for the fulfilling his commandments. I send votes of your council, but according to the aptness your lordship a copy of that I said. My lord Hay and inclination of the popular. This I leave to your coming to take his leave of me two days before, I Majesty in your high wisdom to remedy: only I told him what I was meditating, and he desired me could wish that when Sir John Digby's instructions to send him some remembrance of it; and so I are perfected, and that he is ready to go, your Ma- could not but send him another copy thereof. Men jesty would be pleased to write some formal letter to tell me it hath done the king a great deal of honour; the body of your council, if it shall be in your ab- insomuch that some of my friends that are wise sence, signifying to them your resolution in general, men and no vain ones, did not stick to say to me, to the end, that when deliberation shall be turned that there was not these seven years such a preparinto resolution, no man, howsoever he may retain ation for a parliament; which was a commendthe inwardness of his opinion, may be active in ation, I confess, pleased me well. I pray take some contrarium.

fit time to show it his Majesty, because if I misThe letters for my lords of the council with your understood him in any thing, I may amend it, beMajesty, touching the affairs of Ireland, written cause I know his judgment is higher and deeper largely and articulately, and by your Majesty's di- than mine. rection, will much facilitate our labours here: though I take infinite contentment to hear his Majesty is there will not want matter of consultation thereupon. in great good health and vigour; I pray God preGod ever preserve your Majesty safe and happy. serve and continue it. Thus wishing you well above

Your Majesty's most devoted and obliged servant, all men living, next my master and his : I rest London, April 19, 1617. FR. BACON, C. S.

Your true and devoted friend and servant,

FR. BACON, C. S. Dorset-house, which putteth me

in mind to thank your lordship, CLXXVI. TO THE EARL OF BUCKINGHAM.+

for your care of me touching MY SINGULAR GOOD LORD,

York-house, May 8, 1617. I send your lordship, according to the direction * Charles lord Howard of Effingham and earl of Notting- upon several occasions, particularly against the Spanish ham, was, as Sir Robert Naunton observes, as goodly a Armada, 1588. But in the latter end of the year 1618, he gentleman for person as the times had any; which is confirmed surrendered this honourable place to the king, who conferred by Mr. Osbourn, although his eyes met not with him till he it upon the marquis of Buckingham, and died in the year 1621, was turned towards the point of eighty. He being also brave, and of his age the 88th. Stephens. faithful, and diligent, commanded the fleet as lord high admiral † Stephens's First Collection, p. 200.


would be glad it proceeded with an united council ; NESS, AND OTHER MATTERS COMMITTED

not but that votes and thoughts are to be free: but TO ME BY HIS MAJESTY.*

yet after a king hath resolved, all men ought to co

operate, and neither to be active nor much locutive First, for May-day; at which time there was in oppositum ; especially in a case where a few disgreat apprehension of tumult by prentices and loose senting from the rest, may hurt the business in foro people; there was never such a still.

The reme- | fame. dies that did the effect were three :

Yesterday, which was my weary day, I bid all the First, the putting in muster of the trained bands judges to dinner, which was not used to be, and and military bands in a brave fashion that way. entertained them in a private withdrawing chamber, Next, the laying a strait charge upon the mayor with the learned counsel. When the feast was and aldermen for the city, and justices of the peace passed, I came amongst them, and sat me down at for the suburbs, that the prentices and others might the end of the table, and prayed them to think I was go abroad with their flags and other gauderies, but one of them, and but a foreman. I told them I was without weapon of shot and pike, as they formerly weary, and therefore must be short, and that I would took liberty to do: which charge was exceeding now speak to them upon two points. Whereof the well performed and obeyed. And the last was, that one was, that I would tell them plainly, that I was we had, according to our warrant dormant, strength. firmly persuaded, that the former discords and differened our commissions of the peace in London and ences between the chancery and other courts were Middlesex, with new clauses of lieutenancy; which but flesh and blood; and that now the men were as soon as it was known abroad, all was quiet by gone, the matter was gone; and that for my part, the terror it wrought. This I write, because it as I would not suffer any the least diminution or maketh good my farther assurance I gave his Ma- derogation from the ancient and due power of the jesty at his first removes, that all should be quiet; chancery, so if any thing should be brought to them for which I received his thanks.

at any time, touching the proceedings of the chan. For the Irish affairs, I received this day his Ma- cery, which did seem to them exorbitant or inordijesty's letter to the lords, which we have not yet nate, that they should freely and friendly acquaint opened, but shall sit upon them this afternoon. I me with it, and we should soon agree; or if not, we do not forget, besides the points of state, to put my had a master that could easily both discern and rule. lord treasurer in remembrance, that his Majesty laid | At which speech of mine, besides a great deal of upon him the care of the improvement of the reve- thanks and acknowledgment, I did see cheer and nue of Ireland by all good means, of which I find comfort in their faces, as if it were a new world. his lordship very careful, and I will help him the The second point was, that I let them know how test I can.

his Majesty, at his going, gave me charge to call The matter of the revenue of the recusants here and receive from them the accounts of their circuits, in England, I purpose to put forward by a confer- according to his Majesty's former prescript, to be ence with my lord of Canterbury, upon whom the set down in writing; and that I was to transmit the king laid it, and upon secretary Winwood; and, be-writings themselves to his Majesty ; and accordcause it is matter of the exchequer, with my lord ingly as soon as I have received them I will send treasurer and Mr. Chancellor ; and after to take the them to his Majesty. assistance of Mr. Attorney, and the learned counsel; Some two days before had a conference with and when we have put it in a frame, to certify his some judges, not all, but such as I did choose, touchMajesty.

ing the high commission, and the extending of the The business of the pirates is, I doubt not, by same in some points; which I see I shall be able to this time come to his Majesty, upon the letters of despatch by consent, without his majesty's farther Es the commissioners, whereof I took special care ; trouble. and I must say, I find Mr. Vice-Chamberlain a I did call upon the committees also for the progood able man with his pen. But to speak of the ceeding in the purging of Sir Edward Coke’s “Remain bnsiness, which is the match with Spain, the ports," which I see they go on with seriously.t king knows my mind by a former letter; that I Thanks be to God, we have not much to do for Strphens's First Collection, p. 202.

which sort the aitorney and solicitor-general did for the pre+ Diring the time that my lord chief justice Coke lay under sent only select five, which being delivered to the chief justice the displea»ure of the court, some information was given to on the 17th of October, he returns his answers at large upon the ing. that he having published eleven books of Reports, the 21st of the same month, the which I have seen under his had written many things against his Majesty's prerogative. own hand. "Tis true the lord chancellor wished he might And top ng commanded to explain some of them, my lord have been spared all service concerning the chief justice, as chancellor Ellesmere doth thereupon, in his letter of 22 October remembering the fifth petition of“ dimitte nobis debita nostra, 1616, write thus to the king : “According to your Majesty's etc.” Insomuch that though a committee of judges was apdirections signified unto me by Mr. Solicitor, I called the lord pointed to consider these books, yet the matter seems to have ehief justice, before me on Thursday the 17th instant, in slept, till after Sir Francis Bacon was made lord keeper, it Fisnice o Mr. Attorney, and others of your learned counsel. revived, and two judges more were added to the former,

dit irt huu know your Majesty's acceptance of the few Whereupon Sir Edward Coke doth by his letter make his aisaiersions, which upon review of his own labours he had humble

suit to the

earl of Buckingham, 1. That if his Majesty *01, ibugh fewer than you expected, and his excuses other shall not be satisfied with his former offer, namely, by the adsa sospected.” And did at the same time inform him, vice of the judges to explain and publish those points, so as and his Majesty was dissatisfied with several other passages no shadow may remain against his prerogative, that then all betrin; and those not of the principal points of the cases the judges of England may be called thereto. 2. That they radget but delivered by way of expatiation, and which might might certify also what cases he had published for his Majesty's bare been omitted without prejudice to the judgment; of prerogative and benefit, for the good of the church, and quiet.

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matters of council, and I see now that his Majesty | king created his uncle the earl of Hertford, to be is as well able by his letters to govern England duke of Somerset per cincturam gladii, cappam from Scotland, as he was to govern Scotland from honoris, et circuli aurei impositionem, et traditionem England.

virgulæ aureæ," hisce testibus, and not teste meipso, and with a datum per manus nostras : yet these things are but conjectural.

I find no precedents for a non obstante, or a disCLXXVIII. A NOTE OF SOME PRECEDENTS pensation with the solemnities, as the lord Brackley's

AS COME NEAREST THE CASE OF THE | bill was penned.
The lord Hay was created baron of Sawley, 28

CLXXIX. TO THE LORD KEEPER.F Junii 13 Regis, without the ceremony of robing, as I take it, but then the patent, as I conceive it also, MY HONOURED LORD, delivered to the person of the said lord Hay by the I have acquainted his Majesty with your letter, king's own hands; and again, the dignity of a baron and the papers that came enclosed, who is exceedhath incident to it only the ceremony of robes, and ingly well satisfied with that account you have given not the cincture of the sword, coronet, &c.

him therein, especially with the speech you made at The duke of Lenox was created earl of Rich- the taking of your place in the chancery. Whereby mond, 6 Octobris 11 Regis, without any of the his Majesty perceiveth that you have not only given ceremonies, as I take it; but the patent, as I con proof how well you understand the place of a chanceive it also, was delivered to the person of the said cellor, but done him much right also, in giving notice duke, with the hands of the king; and again, in unto those that were present, that you have received regard he was invested of the superior dignity of such instructions from his Majesty: whose honour duke of Scotland, the ceremonies were not fit to be will be so much the greater, in that all men will iterated.

acknowledge the sufficiency and worthiness of his King Henry VII. created Edward Courtenay, Majesty's choice, in preferring a man of such abiliknight, earl of Devon, “ 26 Octobris, 1 Regni, teste ties to that place, which besides cannot but be a meipso apud Wesmonasterium,” &c. Whereby it great advancement and fartherance to his service: may be collected, that it was done without the so- and I can assure your lordship, that his Majesty was lemnities; for that where the solemnities were per- never so well pleased, as he is with this account you formed, it hath used to be with a hisce testibus, and have given him of this passage. Thus with the not teste meipso; and whether it were delivered remembrance of my service, I rest with the king's hand or not, it appears not.

Your lordship's ever at command, Edward VI. created William earl of Essex, marquis of Northampton, 16 Feb. 1 Edw. VI. and it is

G. BUCKINGHAM. mentioned to be “ per cincturam gladii, cappam Edinburgh, 18 May, 1617. honoris, et circuli aurei impositionem ;" but whether the delivery was by the king's own hand non constat, but it was teste meipso, and not hisce testibus.

The same king created John viscount L'Isle, earl | CLXXX. TO THE EARL OF BUCKINGHAM.I of Warwick, the same time, and it is mentioned to be “per cincturam gladii,” &c. but it was teste

MY VERY GOOD LORD, meipso, and not hisce testibus.

I know your lordship hath a special care of any Edward VI. created Thomas lord Wriothesley, thing that concerneth the queen. She was entered earl of Southampton in the same day, and in the into dislike of her solicitor, this bearer Mr. Lowder, same manner, with a teste meipso, and not hisce and resolute in it. To serve, and not to please, is testibus. These three creations being made upon no man's condition. Therefore upon knowledge of one day, and when the king was a child of about her pleasure, he was willing to part with his place, nine years old, and in the very entrance of his reign, upon hopes not to be destituted, but to be preferred for the patents bear date at the Tower of London, to one of the barons' places in Ireland. I pray move doth make me conjecture that all the solemnities the king for him, and let his Majesty know from me, were performed; but whether the king endured to be that I think, howsoever he pleased not here, he is present at the whole ceremony, and to deliver the fit to do his Majesty service in that place ; he is patents with his own hand, I doubt; for that I find grave and formal, which is somewhat there, and that the very self-same day, year, and place, the sufficient enough for that place. The queen had

ing men's inheritances, and good of the commonwealth. But been for Sir Edward Coke's Reports, which though they may Sir Edward then, or soon after, coming into favour by the mar- have errors and some peremptory and extrajudicial resolutions riage of his daughter, I conceive there was no farther proceed- more than are warranted, yet they contain infinite good deci. ings in this affair. It will be needless for me to declare what sions and rulings over of cases, the law by this time had been reputation these books have among the professors of the law; almost like a ship without ballast: for that the cases of modern but I cannot omit upon this occasion to take notice of a charac- experience are fed from those that are adjudged and ruled in ter Sir Francis Bacon had some time before given them in his former time." Stephens. proposition to the king, touching the compiling an amendment Stephens's First Collection, p. 206. of the laws of England. “To give every man his due, had it not i Stephens's Second Collection, p. 47. Ilid. p. 48.


made Mr. Hackwell her solicitor, who hath for a break it altogether, or defer any farther delay in it, long time taken much pains in her business, wherein till your lordship's return: and this the rather, for she hath done well. He was an opposite in parlia- that, besides the inconvenience of the matter itself, ment, as Jones was, that the king hath made chief it hath been carried so harshly and inconsiderately justice of Ireland. But I hold it no ill counsel to by secretary Winwood, as, for doubt that the father join, or to remove such men. God preserve and pros- should take away the maiden by force, the mother, per you.

to get the start, hath conveyed her away secretly ; Your true and devoted friend and servant,

which is ill of all sides. Thus hoping your lordship

will not only accept well, but believe my faithful

FR. BACON. | advice, who by my great experience in the world Whitehall, 25 May, 1617.

must needs see farther than your lordship can, I ever rest

Your lordship's true and most devoted friend and CLXXXI. TO THE EARL OF BUCKINGHAM.* servant,

FR. BACON, C. S. MY VERY GOOD LORD, I shall write to your lordship of a business which

have not heard from your lordship since I sent your lordship may think to concern myself ; but I do the king my last account of council business : but I think it concerneth your lordship much more. For

assure myself you received it, because I sent at the as for me, as my judgment is not so weak to think it

same time a packet to secretary Lake, who hath can do me any hurt, so my love to you is so strong, signified to me that he hath received it. as I wonld prefer the good of you and yours before

I pray your lordship deliver to his Majesty this mine own particular.

little note of chancery business. It seemeth secretary Winwood hath officiously busied himself to make a match between your bro

July 12, 1617. ther and Sir Edward Coke's daughter : and, as we hear, he doth it rather to make a faction, than out of any great affection to your lordship ; it is true, he

CLXXXII. TO THE KING.T bath the consent of Sir Edward Coke, as we hear, tipon reasonable conditions for your brother; and yet

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, no better than, without question, may be found in I thinkit agreeable to my duty, and the great oblisome other matches. But the mother's consent is gation wherein I am tied to your Majesty, to be freer not had, nor the young gentlewoman's, who expect than other men in giving your Majesty faithful couneth a great fortune from her mother, which without sel, while things are in passing; and more bound her consent is endangered. This match, out of my than other men in doing your commandments, faith and freedom towards your lordship, I hold very when your resolution is settled, and made known inconvenient both for your brother and yourself.

to me. First, He shall marry into a disgraced house, I shall therefore most humbly crave pardon from which in reason of state is never held good.

your Majesty, if in plainness, and no less humbleNext, He shall marry into a troubled house of ness, I deliver to your Majesty my honest and disman and wife, which in religion and christian dis- interested opinion, in the business of the match of cretion is disliked.

Sir John Villiers, which I take to be magnum in Thirdly, Your lordship will go near to lose all parvo: preserving always the laws and duties of a such your friends as are adverse to Sir Edward Coke; firm friendship to my lord of Buckingham, whom I myself only except, who out of a pure love and will never cease to love, and to whom I have written thankfulness shall ever be firm to you.

already, but have not heard yet from his lordship. And lastly and chiefly, believe it, it will greatly But first I have three suits to make to your Maweaken and distract the king's service; for though, jesty, hoping well you will grant them all. in regard of the king's great wisdom and depth, I The first is, that if there be any merit in drawing an persuaded, those things will not follow which on that match, your Majesty would bestow the they imagine : yet opinion will do a great deal of thanks not upon the zeal of Sir Edward Coke to barm, and cast the king back, and make him re- please your Majesty, nor upon the eloquent persualapse into those inconveniences which are now well sions or pragmaticals of Mr. Secretary Winwood, on to be recovered.

but upon them, that carrying your commands and Therefore my advice is, and your lordship shall directions with strength and justice, in the matter do yourself a great deal of honour, if, according to of the governor of Diepe, I in the matter of Sir Robert religion and the law of God, your lordship will sig- Rich, and in the matter of protecting the lady, acnify unto my lady your mother, that your desire is, cording to your Majesty's commandment; have so that the marriage be not pressed or proceeded in humbled Sir Edward Coke, as he seeketh now that without the consent of both parents ; and so either with submission, which, as your Majesty knoweth, Stephens's First Collection, p. 207.

Ť Ibid.

210. 29 June this year, and in these words; Sir Edward Coke * Allihat I have seen relating to the difference between the hath consigned into the hands of the lords 21001. for the satis. 2 temor of Diepe and Sir Edward Coke, is contained in a faction of the French ambassador, in the cause which conbetter of secretary Winwood's to my lord Buckingham, dated cerneth the governor of Diepe.” Stephens.


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of any

before he rejected with scorn : for this is the true! It may please your Majesty, now I have said, I orator that hath persuaded this business ; as I doubt have done ; and as I think I have done a duty not not but your Majesty in your excellent wisdom doth unworthy the first year of your last high favour, I easily discern.

most humbly pray your Majesty to pardon me, if in My second suit is, that your Majesty would not any thing I have erred; for my errors shall always think me so pusillanimous, as that I, that when I be supplied by obedience; and so I conclude with was but Mr. Bacon, had ever, through your Ma. my prayers for the happy preservation of your person jesty's favour, good reason at Sir Edward Coke's and estate. hands, when he was at the greatest, should now,

Your Majesty's most humble, bounden, and that your Majesty of your great goodness hath

most devoted servant, placed me so near your chair, being, as I hope, by I

FR. BACON, C. S. God's grace and your instructions, made a servant

Gorhambury, July 25, 1617. according to your heart and hand, fear him, or take umbrage of him, in respect of mine own particular.

My third suit is, that if your Majesty be resolved the match shall go on, after you have heard my CLXXXIII. TO THE EARL OF BUCKINGHAM.* reasons to the contrary; I may receive therein your particular will and commandments from yourself,

MY VERY GOOD LORD, that I may conform myself thereunto; imagining I do think long to hear from your lordship, touchwith myself, though I will not wager on women's ing my last letter, wherein I gave you my opinion minds, that I can prevail more with the mother touching your brother's match. As I then showed than any other man. For if I should be requested my dislike of the matter, so the carriage of it here in it from my lord of Buckingham, the answer of a in the manner I dislike as much. If your lordship true friend ought to be, that I had rather go against think it is humour or interest in me that leads me, his mind than against his good : but your Majesty God judge my sincerity. But I must say, that in I must obey; and besides, I shall conceive that your your many noble favours towards me, they ever Majesty, out of your great wisdom and depth, doth moved and flowed from yourself, and not from any see those things which I see not.

of your friends whatsoever ; and therefore in reNow therefore, not to hold your Majesty with quital give me leave, that my counsels to you again many words, which do but drown matter, let me be referred to your happiness, and not to the desires most humbly desire your Majesty to take into your


friends. I shall ever give you, as I royal consideration, that the state is at this time not give my master, safe counsel, and such as time will only in good quiet and obedience, but in a good approve. affection and disposition. Your Majesty's preroga- I received yesterday from Mr. Attorney the tive and authority having risen some just degrees queen's bill, which I send your lordship. The payabove the horizon more than heretofore, which hath ment is not out of lands, but out of the customs, and dispersed vapours : your judges are in good temper; so it can be but the rent. Your lordship rememberyour justices of the peace, which is the body of the eth, it is but in a case which I hope shall never be; gentlemen of England, grow to be loving and obse that is, after his Majesty's death, if she survive. quious, and to be weary of the humour of ruffling: God ever bless and direct you. all mutinous spirits grow to be a little poor, and to

Your lordship's most faithful and devoted draw in their horns; and not the less for your Ma

friend and servant, jesty's disauthorizing the man I speak of. Now

FR. BACON, C. S. then I reasonably doubt, that if there be but an

Gorhambury, July 25, 1617. opinion of his coming in, with the strength of such an alliance, it will give a turn and relapse in men's minds, into the former state of things, hardly to be holpen, to the great weakening of your Majesty's


Again, your Majesty may have perceived, that as IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, far as it was fit for me in modesty to advise, I was I DARE not presume any more to reply upon your ever for a parliament; which seemeth to me to be Majesty, but I reserve my defence till I attend your cardo rerum or summa summarum for the present Majesty at your happy return ; when I hope verily occasions. But this my advice was ever conditional; to approve myself, not only a true servant to your that your Majesty should go to a parliament with a Majesty, but a true friend to my lord of Buckingham; council united, and not distracted; and that your and for the times also, I hope to give your Majesty Majesty will give me leave never to expect, if that a good account, though distance of place may obman come in. Not for any difference of mine own, scure them. But there is one part of your Majesty's for I am omnibus omnia for your Majesty's service, letter that I could be sorry to take time to answer; but because he is by nature unsociable, and by habit which is, that your Majesty conceiveth, that whereas popular, and too old now to take a new ply. And I wrote that the height of my lord's fortune might men begin already to collect, yea and to conclude, make him secure, I meant that he was turned proud, that he that raiseth such a smoke to get in, will set or unknowing of himself; surely the opinion which all on fire when he is in.

* Stephens's First Collection, p. 213. # Ibid. p. 214

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