1619.]

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59

they had by extortion. For Sir John Bingley, he fined him at 50007., to be imprisoned in the Fleet, and to make restitution as aforesaid. The Chancellor of the Exchequer was next, and agreed with Sir Edward Cooke both in fine and punishment. Next after him was my Lord Chief Justice Hubbard, who brought the business together, and with great judgment drew it to life and set it forth, because he rather thought it fit to make it a fine than a ransom: he moderated the censure jointly for my Lord and Lady at 30,00007., and for Sir John Bingley 2007., imprisonment in the Tower and the Fleet as aforesaid, and left them questionable for their extortions by such as were disposed to commence suit against them.

"My Lord Chief Justice Montagu, Sir Julius Cæsar, and Mr. Secretary Calvert, agreed with my Lord Hubbard. Mr. Secretary Nanton with Sir Edward Cooke: Sir Thos. Edmonds, the Lord Digby, the three Bishops, my Lord of Pembroke, and Marquis Hamilton, with the Lord Hubbard. The Duke of Lenox as Sir Edward Cooke.

66

My Lord Chancellor to conclude (as his manner is), made an eloquent speech in praise of his Majesty and the present Government: That his Majesty was an uniter and planter of kingdoms; that he had converted this country from a field to a garden : this city from sticks to brick: That the Navy was in an excellent way of restoring and reparation: that his Majesty laboured in nothing but want of money; and no offence so mortal as the misemployment of his treasure: That concerning the business in hand he had little to say, being prevented of what he intended to handle by Lord Hubbard and Secretary Calvert, who fell upon those points which he most affected to speak of. So he gave his censure in all points with my Lord Hubbard."

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CHAPTER III.

A.D. 1619-20. NOVEMBER-JUNE.

1.

ÆTAT. 59.

The case of the Earl of Suffolk being thus disposed of, the trial of the Dutch merchants proceeded without delay.

TO THE MARQUIS OF BUCKINGHAM,1

My very good Lord,

ness.

I do not love to interlope by writing in the midst of busiBut because his Majesty commanded me to acquaint him with any occurrence which mought cross the way, I have thought fit to let his Majesty know what hath passed this day.

This day (which was the day set down) the great cause of the Dutchmen was entered into. The pleading being opened, and the case stated by the counsel, the counsel of the defendants made a motion to have certain examinations taken concerning the old defendants suppressed, because they were taken since the last hearing.

I set the business in a good way, and shewed they were but supplemental, and that at the last hearing there were some things extrajudicial alledged ad infirmandam conscientiam judicis, and therefore there was more reason these should be used ad informandam conscientiam judicis, and that there was order for it. The Order was read, and approved both by the court and the defendant's own counsel; but it was alledged that the order was not entered time enough, whereby the defendants

1 Stephens's first collection, p. 245. From the original; second collection, p. 103.

1619-20.] PROCEEDING AGAINST THE DUTCH MERCHANTS. 61

mought likewise examine, wherein certainly there was some slip or forgetfulness in Mr. Attorney or Britten that followed it, which I wish had been otherwise, yet it went fair out of the court.

But after dinner my Lords were troubled with it, and after much dispute we have agreed to confer silently and sine strepitu to-morrow, and set all straight, calling the judges, and the learned counsel, with whom I have spoken this evening, I think to good purpose. For in good faith I am fain to be omnibus omnia, as St. Paul saith, to set forward his Majesty's service.

I discern a kind of inclination to take hold of all accidents to put off the cause, whereunto neither I shall give way, nor I hope his Majesty; to-morrow, if cause be, I shall write more, but I hope all shall be well. I ever rest

Your Lordship's most obliged friend
and faithful servant,

Friday-night, 19th November, 1619.

FR. VERULAM, Canc.

TO THE MARQUIS OF BUCKINGHAM, 1

My very good Lord,

2

This day afternoon, upon our meeting in council, we have planed those rubs and knots which were mentioned in my last; whereof I thought good presently to advertise his Majesty. The days hold without all question, and all delays diverted and quieted.

Sir Edward Coke was at Friday's hearing, but in his nightcap; and complained to me he was ambulant and not current. I would be sorry he should fail us in this cause. Therefore I desire his Majesty to signify to him by your Lordship (taking knowledge of some light indisposition of his) how much he should think his service disadvantaged in this cause if he should be at any day away; for then he cannot sentence.

1 Gibson Papers, vol. viii. f. 114. Copy (or perhaps draught to dictation). No fly-leaf. Indorsed "To M. Buck. touching the Dutch causes.'

The words "I see how easy it is to mar business and that it is almost Hercules' labour to carry incertainties in the safest manner. But I hope I have set things well," which follow in the MS.-have a line drawn through them: a correction made apparently after the letter was written, not in the course of composition.

By my next I will give his Majesty some account of the tobacco and the currants.

I ever rest

I have conferred with Sir Lionel Cranfield according to his Majesty's special commandment touching two points of value for the advancement (the one present the other speedy) of his Majesty's revenue.

The first is of the currants, to restore the imposition of five shillings sixpence laid in the late Queen's time, and drawn down unduly to serve private turns to three shillings fourpence; which will amount to above three thousand pounds yearly increase.

The other is of the tobacco, for which there is offered 20007. increase yearly, to begin at Michaelmas next, as it now is; and 30007. increase, if the plantations of tobacco here within land be restrained.

I approve in mine own judgment both propositions, with these cautions; That for the first the farmers of the currants do by instrument under their scal relinquish to the King all their claim thereto by any general word of their patent. And for the second, that the bargain be concluded, and made before the proclamation go forth; wherein perhaps there will occur some doubt in law, because it restraineth the subject in employment of his freehold at his liberty. But being for so many reasons pro bono publico, I think it is good enough.

His Majesty may therefore be pleased to write his letter to the commissioners of the treasury, signifying his Majesty's

1 Gibson Papers, vol. viii. f. 115. Copy by Meautys. Docketed, "Nov. 22, 1619. Yo' Lp to my Lo. Marq. Buck" touching the improvement of the K's revenues by Corans and Tobacco."

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DUTY ON CURRANTS AND TOBACCO.

63

pleasure directly in both points to have them done, and leaving to us the consideration de modo.

I know well his Majesty taketh to heart this business of the Dutch, as he hath great reason, in respect both of honour and profit; and because my first letter was written in the epitasis, or trouble of the business, and my second in the beginning of the catastrophe, or calming thereof, (wherein nevertheless I was fain to bear up strongly into the weather, before the calm followed) and since every day hath been better and better, I thought good to signify so much, that his Majesty may be less in suspense. The great labour was to get entrance into the business; but now the portcullis is drawn up. And although I must say there were some blots in the tables, yet by well playing the game is good.2

Rowland is passing well justified; for both his credit is by very constant and weighty testimony proved, and those vast quantities, which were thought incredible or at least improbable, are now made manifest truth.

Yet I find a little of the old leaven towards the first defendants, carried in this style or character: I would this that appears now, had appeared at first. But this cometh of haste and precipitation; and the like. But yet I hope the corruption and prac tice upon the Ore tenus, and the rectifying of Rowland's credit, will satisfy my Lords upon the former proofs; for I would be

Gibson Papers, vol. viii. f. 116. Copy or draught. Docketed in Bacon's hand, "The Lo. Chancellor to the L. of Buck. touching the Dutch business." 2It is a business of much intricacy," says Naunton, writing to Buckingham on the 6th of December, "and receiveth every day new variations in the number of the defendants, which are every day reduced to be fewer and fewer, in respect of the daily new exceptions which are offered: insomuch as my Lord Chancellor himself hath told it me in mine ear that if he had been attorney and had had the following of the matter he would not have had so many blots in his tables." tescue Papers.

For