well tasted in the universities here, and the English colleges abroad: and this is the same argument sunk deeper. And so I ever humbly rest in prayers, and all other duties, Your Majesty's most bounden York House, this 12th of October, 1620. FR. VERULAM, Canc. To the Lord Chancellor.* My honourable Lord, There is a business in your lordship's hands, with which Sir Robert Lloyd did acquaint your lordship, whereof the prince hath demanded of me what account is given. And because I cannot inform his highness of any proceeding therein, I desire your lordship to use all expedition that may be, in making your answer to me, that I may give his highness some satisfaction, who is very desirous thereof. And so I rest Your Lordship's faithful Friend and Servant, Royston, 14th, of Indorsed-Touching the Register of Wills. To the Lord Chancellor. My honourable Lord, I desire your lordship to continue your favour to Sir Thomas Gerrard in the business concerning him, wherein I signified his majesty's pleasure to your lordship. And one favour more I am to intreat of your lordship in his behalf, that you will be pleased to speak to one of the assistants of the Chancellor of the Duchy, in whose court he hath a cause depending, as he will more fully inform your lordship himself, to see that he may have a fair proceeding according to justice: for which I will ever rest Your Lordship's faithful Friend and Servant, G. BUCKINGHAM. Royston, 15th of October, 1620. To the Marquis of Buckingham. My very good Lord, Your lordship desiring to understand what cometh of the business, after which the prince hearkeneth, I was in doubt which of the two businesses you meant; that of the Duchy, or that of the Prerogative Court for wills; for * Harl. MSS. Vol. 7000. both are recommended from the prince. But be it one, or be it the other, no time hath been lost in either; for Mr. Secretary Naunton and I have entered into both. For the Duchy, we have already stayed all proceedings to the king's disservice for those manors, which are not already passed under seal. For that which is passed, we have heard the attorney* with none or little satisfaction hitherto. The Chancellort is not yet come, though sent for. For the other, we have heard Sir John Bennett, and given him leave to acquaint my Lord of Canterbury; and have required the solicitor § to come well prepared for the king. So that in neither we can certify yet, and to trouble your lordship, while business is but in passage, were time lost. I ever rest Your Lordship's most obliged Friend, October 16, 1620. To the King, thanking his Majesty for his gracious acceptance of his book. May it please your Majesty, I cannot express how much comfort I received by your last letter of your own royal hand ||. I see your majesty is a star that hath benevolent aspect and gracious influence upon all things that tend to a general good. Daphni, quid antiquos signorum suspicis artus? Astrum, quo segetes gauderent frugibus, et quo This work, which is for the bettering of men's bread and wine, which are the characters of temporal blessings and sacraments of eternal, I hope, by God's holy providence, will be ripened by Cæsar's star. Your majesty shall not only do to myself a singular favour, but to your business a material help, if you will be graciously pleased to open yourself to me in those things wherein you may be unsatisfied. For though this work, * Sir Henry Yelverton. + Sir Humphrey May, made Chancellor of the Duchy, March 9, 1617. Judge of the Prerogative Court of Canterbury. In 1621 he was fined 20,000l. for bribery, corruption, and exaction in that office. He died in 1627. Sir Thomas Coventry. Of the 16th of October, 1620, printed in Lord Bacon's works. as by position and principle, doth disclaim to be tried by any thing but by experience, and the results of experience in a true way, yet the sharpness and profoundness of your majesty's judgment ought to be an exception to this general rule; and your questions, observations, and admonishments, may do infinite good. This comfortable beginning makes me hope farther that your majesty will be aiding to me in setting men on work for the collecting of a natural and experimental history, which is basis totius negotii, a thing which I assure myself will be from time to time an excellent recreation unto you; I say to that admirable spirit of yours that delighteth in light and I hope well, that, even in your times, many noble inventions may be discovered for man's use. who can tell, now this mine of truth is opened, how the veins go; and what lieth higher, and what lieth lower? But let me trouble your majesty no farther at this time. God ever preserve and prosper your majesty. [Oct. 19, 1620.] To the Marquis of Buckingham. My very good Lord, For I send now only to give his majesty thanks for the singular comfort which I received by his majesty's letter of his own hand, touching my book. And I must also give your lordship of my best thanks for your letter so kindly and affectionately written. I did even now receive your lordship's letter touching the proclamation, and do approve his majesty's judgment and foresight about mine own. Neither would I have thought of inserting matter of state for the vulgar, but that now a days there is no vulgar, but all statesmen. But, as his majesty doth excellently consider, the time of it is not yet proper. I ever rest October 19, 1620. Your Lordship's most obliged Friend and faithful Servant, FR. VERULAM, Canc. Indorsed-In answer to his Majesty's directions touching the proclamation for a parliament. To the Marquis of Buckingham. My very good Lord, It may be your lordship will expect to hear from me what passed yesterday in the Star-chamber, touching Yelverton's cause, though we desired Secretary Calvert to acquaint his majesty therewith. To make short, at the motion of the attorney, in person at the bar, and at the motion of my lord steward* in court, the day of proceeding is deferred till the king's pleasure is known. This was against my opinion, then declared plain enough, but put to votes and ruled by the major part, though some concurred with me. I do not like of this course, in respect that it puts the king in a strait; for either the note of severity must rest upon his majesty, if he go on; or the thanks of clemency is in some part taken away, if his majesty go not on. I have cor unum et via una; and therefore did my part as a judge and the king's Chancellor. What is farther to to be done I will advise the king faithfully when I see his majesty and your lordship. But before I give advice I must ask a question first. God ever preserve and prosper you. Your Lordship's most obliged Friend October 28, 1620. and faithful Servant, FR. VERULAM, Canc. To the King. It may please your most excellent Majesty, In performance of your royal pleasure, signified by Sir John Suckling, we have at several times considered of the petition of Mr. Christopher Villiers, and have heard, as well the registers and ministers of the Prerogative Court of Canterbury, and their council, as also the council of the Lord Archbishop of Canterbury. And, setting aside such other points as are desired by the petition, we do think, that your majesty may by law, and without inconvenience, appoint an officer that shall have the ingrossing of the transcripts of all wills to be sealed with the seal of either of the Prerogative Courts, which shall be proved in communi formâ, and likewise of all inventories to be exhibited in the same courts. We see it necessary that all wills, which are not judicially controverted, be engrossed before the probate. Yet, as the law now stands, no officer of those courts can lawfully take any fee or reward for engrossing the said wills * The Duke of Lenox. He was afterwards comptroller of the household to King Charles I. and father of the poet of the same name. Youngest brother to the Marquis of Buckingham. He was created, April 23, 1623, Baron of Daventry and Earl of Anglesey. He died September 24, and inventories, the statute of the 21st of King Henry the VIIIth restraining them. Wherefore we hold it much more convenient that it should be done by a lawful officer, to be appointed by your majesty, than in a cause not warrantable by law. Yet our humble opinion and advice is, that good consideration be had in passing this book, as well touching a moderate proportion of fees to be allowed for the pains and travel of the officer, as for the expedition of the suitor, in such sort that the subject may find himself in better case than he is now, and not in worse. But however we conceive this may be convenient in the two courts of prerogative, where there is much business, yet, in the ordinary course of the bishop's diocesans, we hold the same will be inconvenient, in regard of the small employment. Your Majesty's most faithful and obedient Servants, November 15, 1620. To the Lord Chancellor t. After my very hearty commendations I have acquainted his majesty with your letter, who commanded me to tell you that he had been thinking upon the same point whereof you write three or four days ago, being so far from making any question of it that he every day expected when a writ should come down. For at the creation of Prince Henry, the lords of the council and judges assured his majesty of as much as the precedents mentioned in your letter speak of. And so I rest your Lordship's Very loving Friend at command, Newmarket, the 24th of November, 1620. Indorsed Shewing his Majesty is satisfied with precedents, touching the Prince's summons to parliament. To the Marquis of Buckingham. My very good Lord, Your lordship may find, that in the number of patents which we have represented to his majesty, as like to be stirred in the lower house of parliament, we have set down three, which may concern some of your lordship's special Lord Chief Justice of the King's Bench, who, on the 3rd of December following, was advanced to the post of Lord High Treasurer. + Harl. MSS. Vol. 7000. |