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TO THE LORD VISCOUNT VILLIERS. the direction touching the conveniency. And, ME VERY GOOD LORD,

therefore, I send your lordship a form of warrant It was my opinion from the beginning, that this for the king's signature, whereby the framing of ampany will never overcome the business of the the business, and that which belongeth to it, cloth; and that the impediments are as much or may be referred to myself, with Serjeant Monmore in the persons which are instrumenta animata tague and Serjeant Finch; and though Montague than in the dead business itself.

should change his place, that alteration hurteth I have therefore sent unto the king here enclosed not the business, but rather helpeth it. And any reasons, which I pray your lordship to show because the inquiry and survey touching inns, his majesty.

will require much attendance and charge, and the The new company and the old company are making of the licenses, I shall think fit (when bet the sons of Adam to me, and I take myself 10 that question cometh to me) to be to the justice hair some credit with both, but it is upon fear of assize, and not to those that follow this busirather with the old, and upon love rather with the ness: therefore, his majesty may be pleased to new, and yet with both upon persuasion that I consider what proportion or dividend shall be understand the business.

allotted to Mr. Mompesson, and those that shall Nevertheless I walk in via regia, which is not follow it at their own charge, which useth in absolutely acceptable to either. For the new like cases to be a fifth. So I ever rest company would have all their demands granted, Your lordship's true and most devoted servant, and the old company would have the king's work

Fr. Bacon. given over and deserted.

Nov. 13, 1616. My opinion is, that the old company be drawn to succeed into the contract, (else the king's honour suffereth;) and that we all draw in one way to effect that. If time, which is the wisest MY VERY GOOD LORD, of things, prove the work impossible or incon- I think his majesty was not only well advised, venient, which I do not yet believe, I know his but well inspired, to give order for this same majesty and the state will not suffer them to wicked child of Cain, Bertram, to be examined perish.

before he was further proceeded with. And I, I wish what shall be done were done with for my part, before I had received his majesty's resolution and speed, and that your lordship (be pleasure by my lord chamberlain, went thus cause it is a gracious business) had thanks of it far; that I had appointed him to be further exnext the king; and that there were some commis- amined, and also had taken order with Mr. Solision under his majesty's sign manual, to deal citor that he should be provided to make some with some selected persons of the old company, declaration at his trial, in some solemn fashion, and to take their answers and consent under their and not to let such a strange murder pass as if it hands, and that the procuring the commission, had been but a horsestealing. and the procuring of their offers to be accepted, But upon his majesty's pleasure signified, I were your lordship's work.

forth with caused the trial to be stayed, and exIn this treaty my lord chancellor must by no amined the party according to his majesty's quesmeans be left out, for he will moderate well, and tions; and also sent for the principal counsel in aimeth at his majesty's ends.

the cause, whereupon Sir John Tyndal's report Ms. Solicitor is not yet returned, but I look for was grounded, to discern the justice or iniquity him presently. I rest

of the said report, as his majesty likewise comYour lordship's true and

manded. most devoted servant, I send therefore, the case of Bertram, truly

Fr. Bacon. stated and collected, and the examination taken Monday, 14th of October, at 10 of the clock.

before myself and Mr. Solicitor; whereby it will appear to his majesty that Sir John Tyndal (as to this cause) is a kind of a martyr; for if ever he

made a just report in his life, this was it. TO THE LORD VISCOUNT VILLIERS.

But the event since all this is, that this Ber. My Very Good LORD,

tram being, as it seemeth, indurate or in despaii, Now, that the king has received my opinion, hath hanged himself in prison ; of which acciwith the judge's opinion into whom it was dent, as I am sorry, because he is taken from referred, touching the proposition for inns in example and public justice, so yet I would not point of law; it resteth that it be moulded and for any thing it had been before his examination. carried in that sort, as it may pass with best con- So that there may be otherwise some occasion tentment and conveniency. Wherein I, that ever taken, either by some declaration in the King's love good company, as I was joined with others Bench upon the return of the coroner's inquest, in the legal points, so I desire not to be alone in or by some printed book of the fact, or by some VOL. III.-10




may be.

cther means (whereof I purpose to advise with | kept as a sccret in the deck, (and was not only of my lord chancellor) to have both his majesty's Hartington, but also of most of the other particuroyal care, and the truth of the fact, with the lars in your book,) I caused to be thoroughly circunstances manifested and published. looked into and provided for; without which

For the taking a tie of my lord chief justice your assurance had been nothing worth; and yet before he was placed, it was done before your I handled it so, and made the matter so well Letter came, and on Tuesday Heath and Shute understood, as you were not put to be a suitor 10 shall be admitted and all perfected.

the prince, for his good will in it, as others My lord chancellor purposeth to be at the hall ignorantly thought you must have done. 10-morrow, to give my lord chief justice his oath ; Fifthly, The annexation,* (which nobody I pray God it hurt him not this cold weather. dreamt of, and which some idle, bold lawyer God ever prosper you.

would perhaps have said had been needless, and Your true and most devoted servant, yet is of that weight, that there was never get

FR. Bacon. any man that would purchase any such land Sunday night, the 17th of Noveniber, 1616.

from the king, except he had a declaration to discharge it;) I was provident to have it discharged by declaration.

Sixthly, Lest it should be said, that your lord

ship was the first, (except the queen and the MY VERY GOOD LORD,

prince) that brake the annexation, upon a mere I am glad to find your lordship mindful of your gift; for that others had it discharged only upon own business, and if any man put you mind sale, which was for the king's profit and necesof it, I do not dislike that neither; but your lord-sity; I found a remedy for that also; because I ship may assure yourself in whatsoever you com- have carved it in the declaration, as that this mit to me, your lordship’s further care shall be was not gist to your lordship, but rather a purneedless. For I desire to take nothing froin my chase and exchange (as indeed it was) for Shermaster and my friend, but care, and therein I am bourn. so covetous, as I will leave thein as little as

Seventhly and lastly, I have taken order (as

much as in me was) that your lordship in these Now, therefore, things are grown to a conclu- things which you have passed be not abused, if sion, touching your land and office, I will give you part with them; for I have taken notes in a your lordship an account of that which is passed ; book of their values and former offers. and acquaint your judgment (which I know to be Now for your office. great and capable of any thing) with your own First, Whereas my Lord 'Teynham at the first business; that you may discern the difference would have had your lordship have had but one between doing things substantially, and between life in it, and he another; my lord treasurer, and shufsling and talking: and first for your patent. the solicitor and Deccombe were about to give

First, It was my counsel and care that your way to it; I turned utterly that course, telling book should be fec-farm and not fee-simple; them that you were to have two lives in it, as whereby the rent of the crown in succession is well as Somerset had. not diminished, and yet the quantity of the land Secondly, I have accordingly, in the assurance 'which you have upon your value is enlarged; from your deputies, made them acknowledge the whereby you have both honour and profit. trust and give security not only for your lordship's

Secondly, By the help of Sir Lyonel Cranfield time, but after: so as you may dispose (if you I advanced the value of Sherbourn from 26,0001. should die, which I would be sorry to live to) the (which was thought and admitted by my lord profits of the office by your will or otherwise to treasurer and Sir John Deccomb as a value of any of your friends, for their comfort and advance. great favour to your lordship, because it was a ment. thousand pounds more than it was valued at to Thirdly, I dealt so with Whitlocke as well as Somerset) to thirty-two thousand pounds, where- Heath as there was no difficulty made of the surby there was six thousand pounds gotten and yet render. justly.

Lastly, I did cast with myself, that is your Thirdly, I advised the course of rating Harting- lordship's deputies had come in by Sir Edward ton at a hundred years' purchase, and the rest at Coke, who was tied to Somerset, it would have thirty-five years' purchase fee-farm, to be set been subject to some clamour from Somerset, down and expressed in the warrant; that it may and some question what was forfeited by Somerappear, and rernain of record, that your lordship set's attainder (being but of felony) to the king : had no other rates made to you in favour than but now they coming in from a new chief justice, such as purchasers upon sale are seldom drawn all is without question or scruple. into; whereby you have honour.

* The anneration by which lands, &c. were united or an. Fourthly, That lease to the feoffees, which was nexed to the Duchies or Cornwall and Lancaster

Thus your lordship may see my love and care 'mistaking, and then a lie, and then a challenge, towards you, which I think infinitely too little in and then life: saying that I did not marvel seeing respect of the fulness of my mind; but I thought Xerxes shed tears to think none of his great good to write this, to make you understand better army should be alive once within a hundred the state of your own business; doing by you as years, his majesty were touched with compassion I do by the king; which is, to do his business to think that not one of his attendants but might safely and with foresight, not only of to-morrow be dead within twenty-four hours by the duel. or next day, but afar off, and not to come fiddling This I write because his majesty may be wary with a report to him, what is done every day, what he sayeth to me, (in things of this nature,) I but to give him up a good sum in the end. being so apt to play the blab. In this also, I

I purpose to send your lordship a calendar fair forgot not to prepare the judges, and wish them written of those evidences which concern your to profess, and as it were to denounce, that in all estate, for so much as I have passed my hands; cases of duel capital before them, they will use which in truth are not fit to remain with solicitors, equal severity towards the insolent murder by the no, nor with friends, but in some great cabinet, duel, and the insidious murder; and that they to be made for that purpose.

will extirpate that difference out of the opinions All this while I must say plainly to your lord- of men, which they did excellent well. ship, that you fall short for your present charge, I must also say that it was the first time that I except you play the good husband : for the office heard my Lord of Arundel speak in that place; of Teynham is in reversion, Darcye's land is in and I do assure your lordship, he doth excellently reversion; all the land in your books is but in become the court; he speaketh wisely and weightreversion, and yields you no present profit, be- ily, and yet easily and clearly, as a great noblecause you pay the fee-farm. So as you are a man should do. strange heteroclite in grammar, for you want the There hath been a proceeding in the King's present tense; many verbs want the preterperfect Bench, against Bertram's keeper, for misdemeantense and some the future tense, but none want or, and I have put a little pamphlet (prettily the present tense. I will hereafter write to your penned by one Mr. 'Trotte, that I set on work lordship what I think of for that supply; to the touching the whole business) 10 the press by my end, that you may, as you have begun to your lord chancellor's advice. great honour, despise money, where it crosseth I

pray God direct his majesty in the cloth busireason of state or virtue. But I will trouble you ness, that that thorn may be once out of our sides. no further at this time. God ever preserve and His majesty knoweth my opinion ab antiquo. prosper your lordship.

Thanks be to God of your health, and long may Your true and most devoted servant. you live to do us all good. I rest

Fr. Bacon.

Your true and inost devoted servant. November 29, 1616.

FR. Bacon.



I delivered the proclamation for cloth to Secre- TUIS' LETTER WAS WRITTEN TO THE EARL OF tary Winwood on Saturday, but he keepeth it to


BACON WAS MADE LORD KEEPER OF THE GREAT carry it down himself, and goeth down, as I take

SEAL. it, to-day: his majesty may perceive by the docket of the proclamation, that I do not only study, but My Dearest Lord, act that point touching the judges, which his ma- It is both in cares and kindness, that small ones jesty commandeth in your last.

float up to the tongue, and great ones sink down Yesterday was a day of great good for his ma- into the heart in silence. Therefore, I could jesty's service, and the peace of this kingdom speak little to your lordship to day, neither had I concerning duels, by occasion of Darcye's case. fit time. But I must profess thus much, that in I spake big, and publishing his majesty's straight this day's work you are the truest and perfectest charge to me, said it had struck me blind, as in mirror and example of firm and generous friendship point of duels and cartels, &c., I should not know that ever was in court. And I shall count every a coronet from a hatband. I was bold also to day lost, wherein I shall not either study your declare how excellently his majesty had express-welldoing in thought, or do your name honour in ed to me a contemplation of his, touching duels; speech, or perform you service in deed. Good that is, that when he came forth and saw himself my lord, account and accept me princely attended with goodly noblesse and gen- Your most bounden and devoted ilemen, he entered into the thought, that none of friend and servant of all men living, their lives were in certainty, not for twenty-four

FR. Bacon, C.8 hours, from the duel; for it was but a heat or a March 7, 1616.





nious in nature, and therefore you may think, (if MY EVER BEST LORD, NOW BETTER THAN YOURSELF,

it please you,) I do it in judgment. God ever Your lordship’s pen or rather pencil hath por

preserve you.

Your lordship's most faithful trayed towards me such magnanimity and noble

and devoted friend and servant, ness and true kindness, as methinketh I see the

Fr. Bacon, C. S. image of some ancient virtue, and not any thing

Gorhambury, April 13, 1617. of these times. It is the line of my life, and not the lines of my letter, that must express my

I purpose to send the precedents themselves by thankfulness: wherein, if I fail, then God fail my Lord of Brackley, but I thought fit to give me, and make me as miserable as I think myself

you some taste of my opinion before. at this time happy, by this reviver, through his majesty's singular clemency, and your incomparable love and favour.

God preserve you, prosper you, and reward you, for your kindness to Your raised and infinitely obliged friend IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, and servant,

Mr. Vicechamberlain, hath acquainted myself Fr. Bacon, C. S.

and the rest of the commissioners, for the marSeptember 22, 1617,

riage with Spain, which are here, with your majesty's instructions, signed by your royal hands, touching that point of the suppression of

pirates, as it hath relation to his negotiation; My SINGULAR GOOD LORD,

whereupon, we met yesterday at my Lord I am now for five or six days retired to my Admiral's at Chelsea, because we were loath to house in the country: for I think all my lords are draw my lord into the air, being but newly upon willing to do as scholars do, who, though they his recovery. call them holy-days, yet they mean them play- We conceive the parts of the business are days.

four: the charge; the confederations, and who We purpose to meet again on Easter Monday, shall be solicited or retained to come in; the and go all to the Spittall sermon for that day, forces and the distributions of them; and the and therein to revive the ancient religious manner, enterprise. We had only at this time conference when all the counsel used to attend those amongst ourselves, and shall appoint, (after the sermons; which some neglected in Queen holidays,) times for the calling before us such as Elizabeth's time, and his majesty's great devo- are fit, and thereupon, perform all the parts of tion in the due hearing of sermons himself with your royal commandments. his counsel at the court, brought into desuetude. In this conference, I met with somewhat, But now, our attendance upon his majesty by which I must confess was altogether new to me, reason of his absence, cannot be, it is not amiss and opened but darkly neither; whereof I think to revive it.

Mr. Vicechamberlain will give your majesty I perceive by a letter your lordship did write some light, for so we wished. By occasion some days since to my Lord Blackley, that your whereof I hold it my duty in respect of the great Jordship would have the king satisfied by prece- place wherein your majesty hath set me, (being dents, that letters patents might be of the dignity only made worthy by your grace,) which maketh of an earldom, without delivery of the patent it decent for me to counsel you ad summas rerum, by the king's own hand, or without the ordinary to intimate or represent to your majesty thus solemnities of a creation. I find precedents much. somewhat tending to the same purpose, yet not I do foresee, in my simple judgment, much matching fully. But, howsoever, let me, accord- inconvenience to ensue, if your majesty proceed ing to my faithful and free manner of dealing to this treaty with Spain, and that your counsel with your lordship, say to you, that since the draw not all one way. I saw the bitter fruits of king means it, I would not have your lordship, a divided counsel the last parliament; I saw no for the satisfying a little trembling or panting of very pleasant fruits thereof in the matter of the the heart in my Lord or Lady Blackley, to expose cloth. This will be of equal, if not of more your lordship's self, or myself, (whose opinion inconvenience; for, wheresoever the opinion of would be thought to be relied upon,) or the king, your people is material, (as in many cases it is our master, to envy with the nobility of this not,) there, if your counsel be united, they shall realm; as to have these ceremonies of honour be able, almost, to give law to opinion and dispensed with, which, in conferring honour, rumour; but if they be divided, the infusion have use to be observed, like a kind of Docto will not be according to the strength and virtue Bullatus, without the ceremony of a commence of the votes of your counsel, but according to ment: the king and you know I am not ceremo- the aptness and inclination of the popular. This


I leave to your majesty in your high wisdom to gave me the seal; and what rules and resolutions reinedy. Only I could wish that when Sir John I had taken for the fulfilling his commandments. Digby's instructions are perfected, and that he is I send your lordship a copy of that I said. My ready to go, your majesty would be pleased to Lord Hay, coming to take his leave of me two write some formal letter to the body of your days before, I told him what I was meditating, counsel, (if it shall be in your absence,) signify- and he desired of me to send him some rememing to them your resolution in general, to the end brance of it; and so I could not but send him that, when deliberation shall be turned into reso- another copy thereof. Men tell me, it hath done lution, no man, howsoever he may retain the the king a great deal of honour; insomuch, that inwardness of his opinion, may be active in some of my friends that are wise men, and no contrarium.

vain ones, did not stick to say to me, that there "The letters of my lords of the council, with was not these seven years such a preparation for your majesty, touching the affairs of Ireland, a Parliament; which was a commendation I conwritten largely and articulately, and by your fess pleased me well. I pray take some fit time majesty's direction, will much facilitate our to show it to his majesty, because if I misunderlabours here, though there will not want matter stood him in any thing, I may amend it, because of consultation thereupon. God ever preserve I know his judgment is higher and deeper than your majesty safe and happy.

mine. Your majesty's most devoted

I take infinite contentment to hear his majesty and obliged servant,

is in great good health and vigour; I pray God

Fr. Bacon, C. S. preserve and continue it. Thus wishing you well London, April 19, 1617.

above all men living, next my master and his, I rest

Your true and devoted friend and servant, TO THE EARL OF BUCKINGHAM.

Fr. Bacon, C. S.

Dorset House, whiclı putteth MY SINGULAR GOOD LORD,

me in mind to thank your

lordship, for your care of I send your lordship, according to the direction

me touching York House, of your letter, a note of the precedents that I May 8, 1617. find in my Lord Brackley's business; which do rather come near the case than match it. Your lordship knoweth already my opinion, that I would rather have you constant in the matter, than instant for the time.

I send also enclosed an account of council MY VERY GOOD LORD, business, by way of remembrance to his majesty, I shall write to your lordship of a business, which it may please you to deliver to him. which your lordship may think to concern my

The queen returneth her thanks to your lord-self; but I do think it concerneth your lordship ship, for the despatch of the warrant, touching her much more. For, as for me, as my judgment is house; I have not yet acquainted the lord not so weak to think it can do me any hurt, so treasurer and chancellor of the exchequer with my love to you is so strong, as I would prefer it; but I purpose tomorrow to deliver them the the good of you and yours before mine own partiwarrant, and to advise with them for the executing cular. the same.

It seemeth Secretary Winwood hath officiously I have received the king's letter with another busied himself to make a match between your from your lordship, touching the cause of the brother and Sir Edward Coke's daughter: and as officers, and Sir Arthur Ingram, whereof I will we hear he doth it rather to make a faction than be very careful to do them justice.

out of any great affection to your lordship: it is Yesterday I took my place in Chancery, which true, he hath the consent of Sir Edward Coke I hold only from the king's grace and favour, and (as we hear) upon reasonable condil.uns for your your constant friendship. There was much ado, brother, and yet no better than without question and a great deal of world. But this matter of may be found in some other matches. But the pomp, which is heaven to some men, is hell to mother's consent is not had, nor the young gentleme, or purgatory at least. It is true, I was glad man's, who expecteth a great fortune from her tn see, that the king's choice was so generally mother, which without her consent is endangered. approved; and that I had so much interest in this match, out of my faith and freedom towards men's good wills and good opinions, because it your lordship, I hold very inconvenient, both for maketh me the fitter instrument to do my master your brother and yourself. service, and my friend also.

First, He shall marry into a disgraced house, After I was set in Chancery, I published his which in reason of state is never held good majesty's charge, which he gave me when he Next, lle shall marry into a troubled house of


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