very sorry that these new defendants (which, except one or two, are the smaller flies) should be in the net, and the old defendants, which are the greater flies, should get through.1 God preserve you. Your Lordship's most obliged friend, This 26 November, 1619. FR. VERULAM, Canc. TO THE LORD CHANCELLOR.2 My honourable Lord, I do from time to time acquaint his Majesty with your letters, wherein he ever perceiveth your vigilant care in any thing that concerneth his service; and hath commanded me to give you thanks in his name, who is sure your endeavours will never be wanting, when anything is to be done for the advancement of his affairs. According to your Lordship's advice, his Majesty hath written to the commissioners of the treasury, both touching the currants and the tobacco, the plantation whereof his Majesty is fully resolved to restrain ; and hath given them order forthwith to set out a proclamation to that effect; not intending in that point to stand upon any doubt of law, nor to expect the judges' interpretation; nor to allow any freehold in that case; but holding this the safest rule, Salus reipublicæ suprema lex esto. And so I rest Your Lordship's faithful friend and servant, Newmarket, Nov. 27, 1619. G. BUCKINGHAM. TO THE MARQUIS OF BUCKINGHAM,3 My very good Lord, I send the submission of Sir Thomas Laque, drawn in such form as upon a meeting with me of the Chief Justices and the learned counsel, was conceived agreeable to his Majesty's meaning and directions; yet lest we should err, we thought good to 1 The following words have a line drawn through them, " As for the matter, as I said before his M. at first, that I believed it as if I saw it, so every man will see it now." The erasure made, I think, after the letter was finished. 2 Harl. MSS. 7006, f. 152. Orig. Docketed by Meautys, " 27 November, 1619. My Lo. of BuckinghTM to yr Lp. touching a Proclamation to restrain planting of Tobacco." 3 Stephens's second collection: p. 105: from the original. 1619-20.] FORM OF SUBMISSION FOR SIR THOMAS LAKE. 65 send it to his Majesty. It is to be returned with speed, or else there will be no day in court to make it. God bless and prosper I rest you. Your Lordship's most obliged friend and faithful servant, FR. VERULAM, Canc. 28 Nov. 1619. The enclosure is not with the letter, but there is a paper in the Record Office answering the description, and purporting to be the submission made afterwards in the Star Chamber by Sir Thomas Lake. The cause of the postponement will be found a little further on in Bacon's letter of the 1st of December. THE FORM OF SIR THOMAS LAKE'S SUBMISSION, AS IT WAS CONCEIVED BY THE RIGHT HON. THE LORD CHANCELLOR, THE LORD CHIEF JUSTICE, AND MR. ATTORNEY-GENERAL.1 Whereas by a decree of this most honourable Court in the cause wherein the right hon. the Earl of Exeter and the Lady Frances his wife were plaintiffs against me Thomas Lake and others, defendants, made the 13th day of February last by the King's most excellent Majesty, sitting in his royal person in this his throne of justice, with the advice of his most honourable Council, I stand convicted and sentenced for maintaining and countenancing my daughter the Lady Rosse in a cause which is by the judgment of his Majesty and this honourable Court justly censured to be foul and odious to the world and scandalous to the said Countess, which I might not have deserved if I had used due care and diligence in examining the proofs, and not been misled by gross credulity indulgence and ignorance; And whereas I stand likewise convicted of a great and high offence in abusing my place, trust, and authority as a privy councillor, by imprisoning one Luke Hatton, and one George Gwillyams for none offence to his Majesty, but in mine own cause and for my own private ends : I do hereby acknowledge and confess the said sentence and decree to be in all parts and respects just and honourable; and 1 S. P. Dom. James I. vol. cxii. no. 44. Contemporary copy. Docketed, "Sir Tho. Lake's submission, Feb. 1619." Another copy is docketed, "Submission made by Sir Thomas Lake in the Star Chamber, 28th January, 1619." VOL. VII. F that the punishment by his Majesty's royal judgment inflicted upon me hath been duly deserved, and I am heartily sorry I did give any favour or countenance to so foul and hateful a matter, and so scandalous to the said Countess, craving pardon of the said Countess for the wrongs I have done her, and do hereby humbly beseech your Lordships to mediate unto his Majesty for his grace and mercy towards me. TO THE LORD CHANCELLOR.1 My honourable Lord, I have acquainted his Majesty with your Lordship's letter, and with the submission you sent drawn for Sir Thomas Lake, which his Majesty liketh well; and, because he served him in so honourable a place, is graciously pleased that he make submission in writing, so that my Lady of Exeter be contented, and that the Lords, whom his Majesty would have you acquaint therewith, think it fit. And so I rest Your Lordship's faithful friend and servant, Newmarket, 29 Nov. 1619. G. BUCKINGHAM. TO THE MARQUIS OF BUCKINGHAM.2 My very good Lord, I acquainted this day the board with his Majesty's pleasure touching Lake's submission; which, whether it should be done in person or in writing, his Majesty signified his will thus; That it should be spared in open court, if my Lady of Exeter should consent, and the board think fit. The board liked it well; and appointed my Lord Digby and Secretary Calvert to speak with my Lady; who returned her answer in substance, that she would in this and all things be commanded by his Majesty; but if his Majesty left it to her liberty and election, she humbly prayed to be excused. And though it was told her that this answer would be cause that it could not be performed this term, yet she seemed willing rather it should be delayed than dispensed with. 1 Harl. MSS. 7006. Orig. Docketed by Meautys, "29 Nov. 1619. My Lo. of Buck to yo' Lp. touching Sir Tho. Lake's submission to be in writing and not in person, if the La. of Exeter give way to it." 2 Gibson Papers, vol. viii. f. 117. Copy. No fly-leaf. Indorsed, "To the Lo. Marq Buck" touching the La. Exeter's answer for the manner of Sir Thomas Lake's recognition." 1619-20.] PRIVATE CONFERENCE ON THE DUTCH CAUSE. 67 This day also Traskel in open court made a retractation of his wicked opinions in writing. The form was as good as may be; I declared to him, that this court was the judgment-seat; the mercy-seat was his Majesty: but the court would commend him to his Majesty; and I humbly pray his Majesty to signify his pleasure speedily, because of the misery of the man; and it is a rare thing for a Sectary, that hath once suffered smart and shame, to turn so unfeignedly, as he seemed to do. God ever bless and keep you. Your most obliged friend and faithful servant, 1° Dec 1619. TO THE MARQUIS OF BUCKINGHAM. 2 My very good Lord, We sentence to-morrow, but I write to-day, because I would not leave the King in suspense. I shall write not so good news as I would, but better than I expected. We met amongst ourselves to-day, which I find was necessary, more than convenient. I gave aim that the meeting was not to give a privy verdict, or to determine what was a good proof or not a good proof, nor who was guilty or not guilty, but only to think of some fit proportion of the fines, that there mought be less distraction in the sentence, in a cause so scattered. Some would have entered into the matter itself, but I made it good, and kept them from it. I perceive the old defendants will be censured as well as the new (which was the gole) and I am persuaded the King will have a great deal of honour of the cause. Their fines will be moderate, but far from contemptible. The attorney did very well to-day. I perceive he is a better pleader than a director, and more eloquent than considerate. Little thinks the King what ado I have here, but I am sure I 1 See Vol. VI. p. 315. It appears from Camden that on the 19th of June, 1618, Traske had been condemned in the Star Chamber to the pillory, to lose his ears and to be whipped. But the charge was not for his opinions, but for making conventicles and commotions, and for scandalising the King, the Bishops, and the clergy. How much of the sentence had been carried out I do not know. 2 Fortescue Papers. Original: own hand. acquit my trust. To-morrow I will write particularly. God ever preserve your L. Your Lordship's most obliged friend and faithful servant, FR. VERULAM, Canc. Tuesday afternoon, this 7 Decem. 1619. The letter promised for the next day with a particular account of the result has not been found; though it seems that there was one answering the description among the papers sent to Tenison in 1682. For I find in Stephens's catalogue, under the date 8 Dec. 1619, a note of one described as 66 touching some fines recovered for his Majesty," and beginning "This cause." The next letter was, I suppose, in answer to it. TO THE LORD CHANCELLOR.' My Lord, His Majesty having seen in this great business your exceeding care and diligence in his service by this effect which hath followed thereupon, hath commanded me to give you many thanks in his name, and to tell you that he seeth you have played the part of all in all. And so I rest Your faithful friend and servant, Newmarket, 10 Dec. 1619. G. BUCKINGHAM. TO THE MARQUIS OF BUCKINGHAM.2 My very good Lord, On Friday I left London to hide myself at Kew; for two months and a half together to be strong-bent, is too much for my bow. And yet, that the King may perceive that in my times of leisure I am not idle, I took down with me Sir Giles Mompesson, and with him I have quietly conferred of that proposition which was given me in charge by his Majesty, and after seconded by your Lordship; wherein I find some things I like 1 Harl. MSS. 7006. Orig. Docketed "10 Dec. 1619. My Lo. Marquess to your Lp. giving your Lp. thanks in his Majesty's name in the Dutch cause." 2 Gibson Papers, vol. viii. f. 119. Copy by Meautys. No fly-leaf. Indorsed "To Lo. of Buckingham touching his Maty's service upon conference had with Sir Giles Mompesson." |