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TO THE LORD VISCOUNT VILLIERS.
MY VERY GOOD Lord,
It was my opinion from the beginning, that this company will never overcome the business of the cloth; and that the impediments are as much or more in the persons which are instrumenta animata than in the dead business itself.
I have therefore sent unto the king here enclosed my reasons, which I pray your lordship to show his majesty.
The new company and the old company are but the sons of Adam to me, and I take myself to have some credit with both, but it is upon fear rather with the old, and upon love rather with the new, and yet with both upon persuasion that I understand the business.
Nevertheless I walk in via regia, which is not absolutely acceptable to either. For the new company would have all their demands granted, and the old company would have the king's work given over and deserted.
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 of things, prove the work impossible or inconvenient, which I do not yet believe, I know his majesty and the state will not suffer them to perish.
the direction touching the conventency. And, therefore, I send your lordship a form of warrant for the king's signature, whereby the framing of the business, and that which belongeth to it, may be referred to myself, with Serjeant Montague and Serjeant Finch; and though Montague should change his place, that alteration hurteth not the business, but rather helpeth it. And because the inquiry and survey touching inns, will require much attendance and charge, and the making of the licenses, I shall think fit (when that question cometh to me) to be to the justice of assize, and not to those that follow this business: therefore, his majesty may be pleased to consider what proportion or dividend shall be allotted to Mr. Mompesson, and those that shall follow it at their own charge, which useth in like cases to be a fifth. So I ever rest Your lordship's true and most devoted servant, FR. BACON.
Νον. 13, 1616.
TO THE LORD VISCOUNT VILLIERS.
MY VERY GOOD LORD,
I think his majesty was not only well advised, but well inspired, to give order for this same wicked child of Cain, Bertram, to be examined before he was further proceeded with. And I, for my part, before I had received his majesty's
far; that I had appointed him to be further examined, and also had taken order with Mr. Solicitor that he should be provided to make some declaration at his trial, in some solemn fashion, and not to let such a strange murder pass as if it had been but a horsestealing.
I wish what shall be done were done with 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 next the king; and that there were some commission under his majesty's sign manual, to deal with some selected persons of the old company, and to take their answers and consent under their hands, and that the procuring the commission, and the procuring of their offers to be accepted, were your lordship's work.
In this treaty my lord chancellor must by no means be left out, for he will moderate well, and aimeth at his majesty's ends.
Mr. Solicitor is not yet returned, but I look for him presently. I rest
Your lordship's true and
most devoted servant, FR. BACON.
Monday, 14th of October, at 10 of the clock.
TO THE LORD VISCOUNT VILLIERS. MY VERY GOOD LORD,
Now, that the king has received my opinion, with the judge's opinion unto whom it was referred, touching the proposition for inns in point of law; it resteth that it be moulded and carried in that sort, as it may pass with best contentment and conveniency. Wherein I, that ever love good company, as I was joined with others in the legal points, so I desire not to be alone in VOL. III.-10
But upon his majesty's pleasure signified, I forthwith caused the trial to be stayed, and examined the party according to his majesty's questions; and also sent for the principal counsel in the cause, whereupon Sir John Tyndal's report was grounded, to discern the justice or iniquity of the said report, as his majesty likewise commanded.
I send therefore, the case of Bertram, truly stated and collected, and the examination taken 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.
But the event since all this is, that this Bertram being, as it seemeth, indurate or in despair, hath hanged himself in prison; of which accident, as I am sorry, because he is taken from example and public justice, so yet I would not for any thing it had been before his examination. So that there may be otherwise some occasion taken, either by some declaration in the King's Bench upon the return of the coroner's inquest, or by some printed book of the fact, or by some G
other means (whereof I purpose to advise with | kept as a secret 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 circumstances manifested and published.
For the taking a tie of my lord chief justice before he was placed, it was done before your letter came, and on Tuesday Heath and Shute shall be admitted and all perfected.
My lord chancellor purposeth to be at the hall
Your true and most devoted servant,
Sunday night, the 17th of November, 1616.
TO THE LORD VISCOUNT VILLIERS.
MY VERY GOOD LORD,
lars in your book,) I caused to be thoroughly looked into and provided for; without which your assurance had been nothing worth; and yet I handled it so, and made the matter so well understood, as you were not put to be a suitor to the prince, for his good will in it, as others ignorantly thought you must have done.
Fifthly, The annexation,* (which nobody dreamt of, and which some idle, bold lawyer would perhaps have said had been needless. and yet is of that weight, that there was never yet any man that would purchase any such land 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 lordship was the first, (except the queen and the prince) that brake the annexation, upon a mere gift; for that others had it discharged only upon sale, which was for the king's profit and neces
I am glad to find your lordship mindful of your own business, and if any man put you in mind of 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 commit to me, your lordship's further care shall be needless. For I desire to take nothing from my master and my friend, but care, and therein I am so covetous, as I will leave thein as little as may be.
Now, therefore, things are grown to a conclusion, touching your land and office, I will give your lordship an account of that which is passed; and acquaint your judgment (which I know to be great and capable of any thing) with your own business; that you may discern the difference between doing things substantially, and between shuffling and talking: and first for your patent.
First, It was my counsel and care that your book should be fec-farm and not fee-simple; whereby the rent of the crown in succession is not diminished, and yet the quantity of the land which you have upon your value is enlarged; whereby you have both honour and profit.
Secondly, By the help of Sir Lyonel Cranfield I advanced the value of Sherbourn from 26,000. (which was thought and admitted by my lord treasurer and Sir John Deccomb as a value of great favour to your lordship, because it was a thousand pounds more than it was valued at to Somerset) to thirty-two thousand pounds, whereby there was six thousand pounds gotten and yet justly.
Thirdly, I advised the course of rating Hartington at a hundred years' purchase, and the rest at thirty-five years' purchase fee-farm, to be set down and expressed in the warrant; that it may appear, and remain of record, that your lordship had no other rates made to you in favour than such as purchasers upon sale are seldom drawn ento; whereby you have honour.
have carved it in the declaration, as that this was not gift to your lordship, but rather a purchase and exchange (as indeed it was) for Sherbourn.
Seventhly and lastly, I have taken order (as much as in me was) that your lordship in these things which you have passed be not abused, if you part with them; for I have taken notes in a book of their values and former offers.
Now for your office.
First, Whereas my Lord Teynham at the first would have had your lordship have had but one life in it, and he another; my lord treasurer, and the solicitor and Deccombe were about to give way to it; I turned utterly that course, telling them that you were to have two lives in it, as well as Somerset had.
Secondly, I have accordingly, in the assurance from your deputies, made them acknowledge the trust and give security not only for your lordship's time, but after: so as you may dispose (if you should die, which I would be sorry to live to) the profits of the office by your will or otherwise to any of your friends, for their comfort and advancement.
Thirdly, I dealt so with Whitlocke as well as Heath as there was no difficulty made of the surrender.
Lastly, I did cast with myself, that if your lordship's deputies had come in by Sir Edward Coke, who was tied to Somerset, it would have been subject to some clamour from Somerset, and some question what was forfeited by Somerset's attainder (being but of felony) to the king: but now they coming in from a new chief justice, all is without question or scruple.
The annexation by which lands, &c. were united or an
Fourthly, That lease to the feoffees, which was nexed to the Duchies of Cornwall and Lancaster
Thus your lordship may see my love and care ! towards you, which I think infinitely too little in respect of the fulness of my mind; but I thought good to write this, to make you understand better the state of your own business; doing by you as I do by the king; which is, to do his business safely and with foresight, not only of to-morrow or next day, but afar off, and not to come fiddling with a report to him, what is done every day, but to give him up a good sum in the end.
I purpose to send your lordship a calendar fair written of those evidences which concern your estate, for so much as I have passed my hands; which in truth are not fit to remain with solicitors, no, nor with friends, but in some great cabinet, to be made for that purpose.
All this while I must say plainly to your lordship, that you fall short for your present charge, except you play the good husband: for the office of Teynham is in reversion, Darcye's land is in reversion; all the land in your books is but in reversion, and yields you no present profit, because you pay the fee-farm. So as you are a strange heteroclite in grammar, for you want the present tense; many verbs want the preterperfect tense and some the future tense, but none want the present tense. I will hereafter write to your lordship what I think of for that supply; to the end, that you may, as you have begun to your great honour, despise money, where it crosseth reason of state or virtue. But I will trouble you no further at this time. God ever preserve and prosper your lordship.
Your true and most devoted servant.
November 29, 1616.
mistaking, and then a lie, and then a challenge, and then life: saying that I did not marvel seeing Xerxes shed tears to think none of his great army should be alive once within a hundred years, his majesty were touched with compassion to think that not one of his attendants but might be dead within twenty-four hours by the duel. This I write because his majesty may be wary what he sayeth to me, (in things of this nature,) I being so apt to play the blab. In this also, I forgot not to prepare the judges, and wish them to profess, and as it were to denounce, that in all cases of duel capital before them, they will use equal severity towards the insolent murder by the duel, and the insidious murder; and that they will extirpate that difference out of the opinions of men, which they did excellent well.
I must also say that it was the first time that I heard my Lord of Arundel speak in that place; and I do assure your lordship, he doth excellently become the court; he speaketh wisely and weightily, and yet easily and clearly, as a great nobleman should do.
There hath been a proceeding in the King's Bench, against Bertram's keeper, for misdemeanor, and I have put a little pamphlet (prettily penned by one Mr. Trotte, that I set on work touching the whole business) to the press by my lord chancellor's advice.
I pray God direct his majesty in the cloth business, that that thorn may be once out of our sides. His majesty knoweth my opinion ab antiquo. Thanks be to God of your health, and long may you live to do us all good. I rest
Your true and most devoted servant.
TO THE LORD VISCOUNT VILLIERS.
MY VERY GOOD Lord,
BUCKINGHAM, ON THE SAME DAY SIR FRANCIS BACON WAS MADE LORD KEEPER OF THE GREAT SEAL.
I delivered the proclamation for cloth to Secre- THIS LETTER WAS WRITTEN TO THE EARL OF tary Winwood on Saturday, but he keepeth it to carry it down himself, and goeth down, as I take it, to-day: his majesty may perceive by the docket of the proclamation, that I do not only study, but act that point touching the judges, which his majesty commandeth in your last.
MY DEAREST LORD,
It is both in cares and kindness, that small ones 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 gentlemen, he entered into the thought, that none of their lives were in certainty, not for twenty-four hours, from the duel; for it was but a heat or a
Your most bounden and devoted friend and servant of all men living, FR. BACON. C. S
March 7, 1616.
TO THE EARL OF BUCKINGHAM.
MY EVER BEST Lord, now bettTER THAN YOURSelf,
image of some ancient virtue, and not any thing
MY SINGULAR GOOD LORD,
I am now for five or six days retired to my house in the country: for I think all my lords are willing to do as scholars do, who, though they call them holy-days, yet they mean them playdays.
We purpose to meet again on Easter Monday, and go all to the Spittall sermon for that day, and therein to revive the ancient religious manner, when all the counsel used to attend those sermons; which some neglected in Queen Elizabeth's time, and his majesty's great devotion in the due hearing of sermons himself with his counsel at the court, brought into desuetude. But now, our attendance upon his majesty by reason of his absence, cannot be, it is not amiss to revive it.
I perceive by a letter your lordship did write some days since to my Lord Blackley, that your lordship would have the king satisfied by precedents, that letters patents might be of the dignity of an earldom, without delivery of the patent by the king's own hand, or without the ordinary solemnities of a creation. I find precedents somewhat tending to the same purpose, yet not matching fully. But, howsoever, let me, according to my faithful and free manner of dealing with your lordship, say to you, that since the king means it, I would not have your lordship, for the satisfying a little trembling or panting of the heart in my Lord or Lady Blackley, to expose your lordship's self, or myself, (whose opinion would be thought to be relied upon,) or the king, our master, to envy with the nobility of this realm; as to have these ceremonies of honour dispensed with, which, in conferring honour, have used to be observed, like a kind of Doctor Bullatus, without the ceremony of a commence ment: the king and you know I am not ceremo
IT MAY PLEASE YOUR MOST Excellent Majesty, Mr. Vicechamberlain, hath acquainted myself and the rest of the commissioners, for the marriage 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; whereupon, we met yesterday at my Lord Admiral's at Chelsea, because we were loath to draw my lord into the air, being but newly upon his recovery.
We conceive the parts of the business are four: the charge; the confederations, and who shall be solicited or retained to come in; the forces and the distributions of them; and the enterprise. We had only at this time conference amongst ourselves, and shall appoint, (after the holidays,) times for the calling before us such as are fit, and thereupon, perform all the parts of your royal commandments.
In this conference, I met with somewhat, which I must confess was altogether new to me, and opened but darkly neither; whereof I think Mr. Vicechamberlain will give your majesty some light, for so we wished. By occasion whereof I hold it my duty in respect of the great place wherein your majesty hath set me, (being only made worthy by your grace,) which maketh it decent for me to counsel you ad summas rerum, to intimate or represent to your majesty thus much.
I do foresee, in my simple judgment, much inconvenience to ensue, if your majesty proceed to this treaty with Spain, and that your counsel draw not all one way. I saw the bitter fruits of a divided counsel the last parliament; I saw no very pleasant fruits thereof in the matter of the cloth. This will be of equal, if not of more inconvenience; for, wheresoever the opinion of your people is material, (as in many cases it is not,) there, if your counsel be united, they shall be able, almost, to give law to opinion and rumour; but if they be divided, the infusion will not be according to the strength and virtue of the votes of your counsel, but according to the aptness and inclination of the popular. This
I leave to your majesty in your high wisdom to remedy. Only I could wish that when Sir John Digby's instructions are perfected, and that he is ready to go, your majesty would be pleased to write some formal letter to the body of your counsel, (if it shall be in your absence,) signifying to them your resolution in general, to the end that, when deliberation shall be turned into resolution, no man, howsoever he may retain the inwardness of his opinion, may be active in contrarium.
The letters of my lords of the council, with your majesty, touching the affairs of Ireland, written largely and articulately, and by your majesty's direction, will much facilitate our labours here, though there will not want matter of consultation thereupon. God ever preserve your majesty safe and happy.
Your majesty's most devoted
London, April 19, 1617.
FR. BACON, C. S.
TO THE EARL OF BUCKINGHAM.
MY SINGULAR GOOD Lord,
I send your lordship, according to the direction of your letter, a note of the precedents that I 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 business, by way of remembrance to his majesty, which it may please you to deliver to him.
The queen returneth her thanks to your lordship, for the despatch of the warrant, touching her house; I have not yet acquainted the lord treasurer and chancellor of the exchequer with it; but I purpose to-morrow to deliver them the warrant, and to advise with them for the executing the same.
I have received the king's letter with another from your lordship, touching the cause of the officers, and Sir Arthur Ingram, whereof I will be very careful to do them justice.
Yesterday I took my place in Chancery, which I hold only from the king's grace and favour, and your constant friendship. There was much ado, and a great deal of world. But this matter of pomp, which is heaven to some men, is hell to me, or purgatory at least. It is true, I was glad to see, that the king's choice was so generally approved; and that I had so much interest in men's good wills and good opinions, because it maketh me the fitter instrument to do my master service, and my friend also.
After I was set in Chancery, I published his majesty's charge, which he gave me when he
gave me the seal; and what rules and resolutions I had taken for the fulfilling his commandments. I send your lordship a copy of that I said. My Lord Hay, coming to take his leave of me two days before, I told him what I was meditating, and he desired of me to send him some remembrance of it; and so I could not but send him another copy thereof. Men tell me, it hath done the king a great deal of honour; insomuch, that some of my friends that are wise men, and no vain ones, did not stick to say to me, that there was not these seven years such a preparation for a Parliament; which was a commendation I confess pleased me well. I pray take some fit time to show it to his majesty, because if I misunderstood him in any thing, I may amend it, because I know his judgment is higher and deeper than mine.
I take infinite contentment to hear his majesty is in great good health and vigour; I pray God preserve and continue it. Thus wishing you well above all men living, next my master and his, I rest
Your true and devoted friend and servant, FR. BACON, C. S.
Dorset House, which putteth me in mind to thank your lordship, for your care of me touching York House, May 8, 1617.
TO THE EARL OF BUCKINGHAM.
MY VERY GOOD LORD,
I shall write to your lordship of a business, which your lordship may think to concern myself; but I do think it concerneth your lordship much more. For, as for me, as my judgment is not so weak to think it can do me any hurt, so my love to you is so strong, as I would prefer the good of you and yours before mine own particular.
It seemeth Secretary Winwood hath officiously busied himself to make a match between your brother 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 hath the consent of Sir Edward Coke (as we hear) upon reasonable conditions for your brother, and yet no better than without question may be found in some other matches. But the mother's consent is not had, nor the young gentleman's, who expecteth a great fortune from her mother, which without her consent is endangered. This match, out of my faith and freedom towards your lordship, I hold very inconvenient, both for your brother and yourself.
First, He shall marry into a disgraced house, which in reason of state is never held good Next, He shall marry into a troubled house of