« AnteriorContinuar »
earnest to be cool and faint; which weakness, if we proceed, I should send the letter to his mait should make the like alteration at the bar, it jesty, because I would not straiten his majesty in might overthrow the cause; all the remedy which any thing. is in my power, is by the advice of the judges to The evidence went well, (I will not say I draw some other of the learned counsel to his sometimes helped it as far as was fit for a judge,) help, which he, I know, is unwilling with, but and at the arising of the court, I moved their that is all one.
lordships openly, whether they would not conThis I thought it necessary to write, lest the tinue this cause from day to day till it were king should think me asleep, and because I know ended; which they thought not fit, in regard of that his majesty's judgment is far better than the general justice, which would be delayed in mine. But I, for my part, mean to go on roundly; all courts: yet afterwards within I prevailed so and so I ever rest
far, as we have appointed to sit Wednesday, Your lordship's most obliged friend
Thursday, and Friday, and to sit by eight of the and faithful servant, clock, and so to despatch it before the king come, Fr. VERULAM, Canc. if we can. God preserve and prosper you.
1 Octoler 9th, 1619.
Your lordship's most obliged friend If the king, in his great wisdom, should any
and faithful servant, ways incline to have the ore tenus put off, then
FR. VERULAM, Canc. the way were to command that the matter of the This 221 of October, ore tenus should be given in evidence, by way of Friday, at 4 of the aggravation, in the main cause. And it is true,
o'clock, 1619. that if this precursory matter goeth well, it giveth great entrance into the main cause; if ill, contrariwise, it will do hurt and disadvantage to TO TIIE MARQUIS OF BUCKINGHAM. the main.
MY VERY GOOD LORD,
I do not love to interlope by writing in the midst of business; but because his inajesty
commanded me to acquaint him with any occurTO TIE MARQUIS OF BUCKINGHAM.
rence which might cross the way, I have thought MY VERY GOOD LORD,
fit to let his majesty know what hath passed These things which I write now and hereto- this day. fore, in this cause, I do not write so as any can This day, (which was the day set down,) the take knowledge that I write; but I despatch great cause of the Dutchmen was entered into. things ex officio here, and yet think it fit, inward- The pleading being opened, and the case stated ly, to advertise the king what doth occur. And by the counsel, the counsel of the defendants I do assure your lordship, that if I did serve any made a motion to have certain examinations king whom I did not think far away wiser than taken, concerning the old defendants suppresmyself, I would not write in the midst of busi- sed, because they were taken since the last ness, but go on of myself.
hearing. This morning, notwithstanding my speech I set the business in a good way, and showed yesterday with the duke, he delivered this letter they were but supplemental, and that at the last enclosed, and I having cleared the room of all hearing, there were some things extrajudicial save the court and learned counsel, (whom alleged, ad infimandum conscientiam judicis, and I required to stay,) the letter was read a therefore there was more reason these should be little before our hour of sitting. When it used, ad informandum conscientiam judicis, and was read, Mr. Attorney began to move that that there was order for it. The order was my lord should not acknowledge his offences read, and approved by both the court and the as he conceived he had committed them, but defendant's own counsel; but it was alleged, as they were charged; and some of the lords that the order was not entered time enough, speaking to that point, I thought fit to interrupt, whereby the defendants might likewise examine, and divert that kind of question; and said, wherein certainly there was some slip or forget. before we considered of the extent of my lord's fulness in Mr. Attorney, or Britten, that followed suhimission, we were first to consider of the it, which I wish had been otherwise, yet it wer: extent of our own duty and power; for that I fair out of the court. conceived it was neither fit for us in stay pro But after dinner my lords were troubled with ceeding, nor to move his majesty in that, which it, and after much dispute, we have agreed to was before us in course of justice; unto which, confer silently, and sine strepitu to-morrow, and (being once propounded by me,) all the lords' set all straight, calling the judges and the learned and the rest, unâ voce assented. I would not so counsel, with whom I have spoken this evening, ]
as ask the question whether, though think to good purpose. For in good faith I am fain
to be omnibus omnio, as St. Paul saith, to set for business of your majesty's attorney-general, both ward his majesty's service.
for the satisfying your own honour, as also for I discern a kind of inclination to take hold of calling in the late exorbitant charter of the city ; all accidents to put off the cause, whereunto which are the two ends, as we conceive, that your neither I shall give way, nor I hope his majesty; majesty proposed unto yourself. fo-morrow, if cause be, I shall write more, but To effect both which, we humbly presume to I hope all shall be well. I ever rest
present thus much unto your majesty as our opiYour lordship's most obliged
nion. First, That an information be put into the friend and faithful servant, Star Chamber, as we formerly advised, against
FR. VERULAM, Canc. your attorney as delinquent, against the mayor, Friday night, 19h November, 1619.
&c., as interested, and against the recorder also mixedly with some touch of charge.
That the submission hy letter offered by Mr.
Attorney is no way satisfactory for your majesty's TO THE MARQUIS OF BUCKINGHAM.
honour, but is to be of record by way of answer, MY VERY goop Lord,
and deduced to more particulars. I have conferred with Sir Lyonel Cranfield, That any submission or surrender of the patents according to his majesty's special commandment, by the city should be also of record in their aritouching two points of value, for the advance- swer; and no other can be received with your ment (the one present, the other speedy) of his majesty's honour, but by answer in court: the majesty's revenue.
same to come merely of themselves, without any The first is of the corans, to restore the imposi- motion on your majesty's behall, directly or intion of five shillings and sixpence, laid in the late directly; which being done in this form, it will queen's time, and drawn down unduly, to serve be afterwards in your majesty's choice and pleaprivate torns, to three shillings and four pence, sure to use mercy, and to suspend any farther which will amount to above three thousand pounds proceedings against your attorney. yearly increase.
That it is of necessity, as well for the purting The other is of the tobacco, for which there is in of this information, as for your majesty's other offered two thousand pounds increase yearly, to urgent and public services in that and other begin at Michaelmas next, as it now is, and three courts, to have a sequestration presently of your thousand pounds increase if the plantations of attorney, and a provisional commission to some tobacco here within land be restrained.
other, during your majesty's pleasure, to execute I approve, in mine own judgment, both propo- that charge: for both which instruments legai sitions, with these cautions : That for the first, shall be provided as soon as your majesty's plea the farmers of the corans do, by instrument under sure is known. 'To which we humbly and dutitheir seal, relinquish to the king all their claim fully submit our advice and opinion, bes eching thereto, by any general words of their patent. God to bless your majesty's sacred person with And for the second, that the bargain be concluded continuance and increase of much health and hapand made before the proclamation go furth; where- piness. Wherewith, humbly kissing your royal in, perhaps, there will occur some doubt in law, hands, we rest because it restraineth the subject in the employ
Your majesty's most humble and ment of his freehold at his liberty. But being so
faithful subjects and servants, many ways pro bono publico, I think it good
FR. VERULAM, Canc. enough.
Robert NAUNTON, His majesty may, therefore, be pleased to write
Jul. CÆSAR, his letter to the commissioners of the treasury,
T. ARUNDEL, signifying his majesty's pleasure directly in both
Geo. Calvert, points, to have them done, and leaving to us the
Eow, Coke consideration de modo. God ever prosper you. At your majesty'a palace at I rest your lordship's most obliged friend
Whitehall, June 10, 16:0. and faithful servant,
FR. VERULAM, Canc.
TO THE MARQUIS OF BUCKINGHAM
I have lately certified his majesty on the behalf
of Sir George Chaworth, by Secretary Calvert, IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, touching the place of a remembrancer in the
According to your commandment, we met to-Chancery for setting down of causes. And be gether yesterday at Whitehall, and there consulted cause the gentleman telleth me the king thought what course were fittest to be taken now in this my certificate a little doubtful, he desired me to
TO THE KING.
wri'e to your lordship, touching my approbation or added, though it may be ourselves shall have inore plainly. It is true that I conceive it to be second thoughts, this being but the result of our a good business, and will be for the service of the first meeting. court and ease of the subject; I will look it shall The state of his majesty's treasure still maketh be accompanied with good cautions.
me sad ; and I am sorry I was not at Theobald's We ruffle over business here in council apace, to report it, or that it was not done by my fellow : and I think to reasonable good purpose. By my it is most necessarily we do it faithfully and freely. next I will write of some fit particulars. I ever For to flatter in this were to betray his majesty rest
with a kiss. I humbly pray his majesty to think Your most obliged friend and faithful servant, of my former counsel, and this I will promise, that
FR. VERULAM, Canc. whomsoever his majesty shall make treasurer, if 21 June, 1620.
his majesty shall direct him to have relation to my advice, I will continue the same care and advice I do now, and much more cheerfully when
I shall perceive that iny propositions shall not be TO THE MARQUIS OF BUCKINGHAM.
lileræ scriplæ in glacie. MY VERY GOOD LORD,
Meanwhile, to keep the commission in doing Yesterday I called unto us the two chief justices of somewhat worth the doing, it may please his and Serjeant Crew about the Parliament business. majesty to take knowledge that, upon our report, To call more judges I thought not good, it would we had agreed to make remonstrance to him, that be little to assistance, much to secrecy : the dis- we thought Ireland might (if his majesty leave it tribution of the business we made was into four to our care) be brought by divers good expedients parts.
to bear their own charge; and, therefore, his First, The perusing of the former grievance, majesty may be pleased, by his commandment, and of things of like nature which have come in to set us in hand with it out of hand. God ever since.
prosper you. Secondly, The consideration of a proclamation
Your lordship's most obliged with the clauses thereof, especially touching elec
friend and faithful servant, tions, which clauses, nevertheless, we are of opi
Fr. Verulam, Canc. nion, should be rather monitory than exclusive. October 7, 1620.
Thirdly, The inclusive: that is to say, what persons were fit to be of the House, tending to inake a sufficient and well composed House of the
TO SIR HENRY WOTTON. ablest men of tie kingdom, fit to be advised with circı ardua regni, as the style of the writs goeth, MY VERY GOOD Cousin, according to the pure and true institution of a The letter which I received from your lordship Parliament; and of the means to place such per- upon your going to sea was more than a compensons without novelty or much observation. For sation for any former omission; and I shall be this purpose we made some lists of names of the very glad to entertain a correspondence with you prime counsellors, and principal statesmen or in both kinds which you write of: for the latter, courtiers, of the gravest or wisest lawyers, of I am now ready for you, having sent you some the most respected and best tempered knights ore of that mine. I thank you for your favours and gentlemen of the county. And here obiter to Mr. Meautys, and I pray continue the same. we did not forget to consider who were the So, wishing you out of your honourable exile, boutefeus of the last session, how many of them and placed in a better orb, I rest are dead, how many reduced, and how many
Your lordship's affectionate kinsman remain, and what was fit to be done concerning
and assured friend, them.
Fr. Verulam, Canc, Fourthly, The having ready of some common-York IIouse, October 20, 1620. wealth bills that may add respect and acknowledgment of the king's care; not wooing bills to make the king and his graces cheap, but good TO THE MARQUIS OF BUCKINGHAM. matter to set them on work, that an empty stomach MY VERY GOOD LORD, do not feed upon humour.
I send his majesty a form of a proclamation Of these four points, that which concerneth for the Parliament, which I thought fit to offer persons is not so fit to be communicated with the council table, but to be kept within fewer hands. * Draught of a Proclamation for a Parliament :The other three may when they are ripe.
As in our princely judgment, we hold nothing more worthy Meanwhile I thought good to give his majesty of a Christian monarch ihan the conservation of peace at an account what is done, and in doing, humbly other calamities of war are avoided , :rade is kept open ; laws
home and abroad; whereby effusion of Christian blood and craving his direction if any thing be to be altered and justice retain their due vigour and play; arts and sciences
first to his majesty's perusal before I acquainted | how easy it is for me to mistake, or not to attain, the counsel.
which his majesty in his wisdom will pardon, For that part which concerneth the foreign correct, and direct. business, his majesty will graciously consider For that part touching the elections, I have
finurish; seshjects are less burdened with taxes and tallages and to employ the affermost of our forces and nieans to recover infinite other benefits redound to the state of a comnionweal: and resettle the said Palatinate to our son and our descendants, so in our practice, we suppose there hath been seldom any purposing, nevertheless, according to our former inclination king that hath given more express testimonies and real so well grounded, not allogether to intermit (if the occasions pledges of this desire to have peace conserved than we have give us leave) the treaties of peace and accord, whith we done in the whole course of our regiment.
have already begun, and whereof the coming on of the winter, For neither have we, for that which concerns ourselves, and the counterpoise of the actions of war, hitherto may give been ready to apprehend or embrace any occasions or oppor. us as yet some appearance of hope. tunities of making war upon our neighbours; neither have But, forasinuch as it were great improvidence in depend
e imitird, for that which may concern the states abroad, upon the success of such treaties, and therefore good policy any good office or royal endeavour, for the quenching of the requires that we should be prepared for a war, which we silarks of troubles and discords in foreign parts. Wherein, intend for the recovery and assuring of the said Palatinate, as ut have been always ready ani willing, so we wish that with the dependencies, (a design of no small charge and diiliWe had been always as happy and prevailing in our advices culty, the strength and conjunctures of the adverse party con. and counsels that tendrd 10 that end.
sidered,) we have thought good to take into our princely and And yet do we not forget that God hath put into our hands serious consideration (and that with speed) all things that A seeptre over populous and warlike nations, which might may have relation lo such a designment; amongst which we have moved us to second the affection and disposition of our hold nothing more necessary than to confer and advise with people, and to have wrought upon it, for our own ambition, the conmon council of our kingdoni, upon Uiis so important a if we had been so minded. But it hath sufficed unto us to subject. seek a true and not swelling greatness in the plantations and For although the making of war or peace be a secret of improvements of such part of our dominions as bave in empire, and a thing properly belonging to our high prerogafornier times been more desolate and uncivil, and in the live royal and imperial power; yel, neverthrless, in causes of maintaining of all our loving subjects in general, in tranquil. that nature, which we shall think fit not to reserve, but to lity and security, and the other conditions of good govern- communicate, we shall ever think ourselves much assisted inent and happy times. But amongst other demonstrations and strengthenei vy the faithful advice and general assent of our constant purpose and provident care to maintain peace, of our loving subject there was never such a trial, nor so apparent to the world (as Moreover, nu man is so ignorant as to tapect that we in a theatre) as our persisting in the same resolution, since should be any ways able (moneys being the sinews of war) Che time that our dear son-in-law was elected and accepted to enter into the list against so great potentates, without King of Bohemia ; by how much the motives tending to shake some large and bountiful help of treasure from our people, as and assail our said resolution were the more forcible. For well towards the maintenance of the war as towards the neither did the glory of having our dearest daughter and son relief of our crown and estate. Ane this th: rather, for that in-law to wear a crown, nor the extreme alacrity of our we have now, by the space of full ten years (a thing uuheard people devoted to that cause, nor the representations, which of in late times) subsisted by our own means, without being might be set before us of dangers, (if we should suffer a party chargeable to our people, otherwise than by sone voluntary in Christendom, held commonly adverse and ill affected to gifts of some particulars; which, though in total amounting our state and government, to gather further reputation and to no great matter, we thankfully acknowledge at their strength.) transport us to enter into an auxiliary war in prose. hands : but as, while the affairs abroad were in greater calm, cution of that quarrel: but, contrariwise, finding the justice of we did content ourselves to recover our wants by provident the cause not so clear as that we could be presently therein retrenchment of charge, and honourable improvement of our satisfied, and weighing with ourselves likewise, that if the own, thinking to wear them out without tronbling our people; kingdom of Bohemia had continued in the house of Austria ; so, in such a state of Christendom, as seemeth now io hang yel, nevertheless, the balance of Christendom had stood in over our beads, we durst no longer rely upon those slow no other sort than it had done for many years before without remedies, but thought necessary (according to the ancient increase of pariy; and chiefly fearing that the wars in those course of our progenitors) to resort to the good affections and parts of Germany, which have been hitherto the bulwark of aids of our loving subjects. Christendom against the approaches of the Turk, might, by Upon these considerations, and for that also in respect of the intestine dissensions, allure and let in the common so long intermission of a Parliament, the times may have enemy, we did abstain to declare, or engage ourselves in that introduced some things fit to be reformed, either by new war, and were contented only to give permission to the am- laws, or by the moderate desires of our loving subjects, dutie bassador of our son-in-law, to draw some voluntary helps of fully intimated unto us, (wherein we shall ever be no less men and money from our subjects, being a matter that ready to give them all gracious satisfaction than their own Fiolated no treaty, and could not be denied in case of so near hearts can desire,) we have resolved, by the advice of our a conjunction.
privy council, lo hold a Parliament at our city of WestminBut, while we contained ourselves in this moderation, we ster. find the event of war haib much altered the case, by the late And because, as well this great cause, (there to be handled invasion of the Palatinate, whereby (howsoever under the amongst the rest, and to be weighed by the beain of ihe king. prelence of a diversion) we find our son, in fact, expulsed in domy) as also the true and ancient institution of Parliament, part, and in danger to be totally dispossessed of his ancient do require the Lower House (at this tine if ever) to be com inheritance and patrimony, so long continued in that noble pounded of the gravest, a blest, and wonniest members inat 'ine; whereof we cannot but bighly resent, if it should be may be found : we do hereby, out of the care of the conin.on alienated and ravished from him in our times, and to the pre- good, wherein themselves are participant, (without all preju. judice of our grandchildren and line royal. Neither can we dice to the freedom of elections, admonish all our loving hink it safe for us, in reason of state, ihat the county Pala- subjects (that have votes in the elections of knights ano line, carrying with itself an electorate, and having been so į burgesses) of these few points following. Jong in the hands of princes of our religion, and no way de. First, That they cast their eyes upon the worthiest men or pending upon the house of Austria, should now become at the all sorts, knights and gentlemen, that are lights and guides in disposing of that bouse; being a matter, that indeed might their countries, experienced Parliament men, wise and disalter the balance of Christendom importantly, to the weaken. creet statesmen, that have been practised in public affairs, We of our state, and the estate of our best friends and con. whether at home or abroad; grave and eminent lawyers,
substantial citizens and burgesses, and generally such as aro Wherefore, finding a concurrence of reasons and respects interested and have portion in the estate. of religion, nature, honour, and estate, all of them inducing Secondly, That they make choice of such as are weil Us in no wise lo endure so great an alteration, we are resolved affected in religion, without declining either on the one hand lor. Ill.-12
communicated it with my colleagues, Sir Edward of, and the latter time I had begged it of your Coke, the two chief justices, and Serjeant Crew, lordship. who approve it well; and we are all of opinion, The cause of change may either be in myself that it is not good to have it more peremptory, or your lordship. I ought first to examine my. more particular, nor more sharp.
self, which I have done; and God is my witness, We are thinking of some commonwealth laws, I find all well, and that I have approved myself amongst which I would have one special for the to your lordship a true friend, both in the watery maintenance of the navy, as well to give occasion trial of prosperity, and in the fiery trial of adto publish (to his majesty's honour) what hath versity. If your lordship take any insatisfaction been already done; as, to speak plainly, to do touching the House, I humbly pray you, think your lordship’s honour in the second place; and, better of it; for that motion to me was a second besides, it is agreeable to the times. God ever sentence, more grievous than the first, as things prosper you.
then stood and do yet stand: for it sentenced me Your lordship's obliged friend and faithful to have lost, both in mine own opinion, and much servant,
more in the opinion of others, that which was FR. VERULAM, Canc.
saved to me, almost only, in the former sentence, October 18, 1620.
and which was more dear to me than all that which was taken from me, which is your loriship's love and favour: for had it not been for
that bitter circumstance, your lordship knows that TO THE MARQUIS OF BUCKINGHAM.
you might have commanded my life and all that MY VERY GOOD LORD,
is mine. But surely it could not be thai, nor any Your lordship will pardon me, if, partly in the thing in me, which wrought the change. It is freedom of adversity, and partly of former friend- likely, on the other part, that though your lordship, (the sparks whereof cannot but continue,) ship, in your nature, I know to be generous and I open myself to your lordship and desire also constant, yet I being now become out of sight, and your lordship to open yourself to me. The two out of use, your lordship having a flood of new last acts which you did for me, in procuring the friends, and your ears possessed perhaps by such releasement of my fine, and my quietus est, I ac- as would not leave room for an old, your lordship knowledge were effects, real and material, of may, even by course of the world and the overyour love and favour, which, as to my knowledge, bearing of others, be turned from me, and it were it never failed me in my prosperity; so, in these almost a miracle if it should be otherwise. But two things it seems not to have turned with the yet, because your lordship may still have so wheel. But the extent of these two favours is heroical a spirit as to stand out all these violent not much more than to keep me from persecution; assaults, which might have alienated you from for any thing further which might tend to my your friend, my humble suit to your lordship is, comfort and assistance, as I cannot say to myself that remembering your former friendship, which that your lordship hath forsaken me, so I see not began with your beginning, and since that time the effects of your undeserved, yea, undesired hath never failed on my part, your lordship would professions and promises, which, being made to deal clearly with me, and let me know whether a person in affliction, hath the nature after a sort I continue in your favour or no; and whether in of vows. But that which most of all makes me those poor requests, which I may yet make to his doubt of a change, or cooling in your lordship's majesty, (whose true servant I ever was and am,) affection towards me, is, that being twice now at for the tempering of my misery, I may presume London, your lordship did not vouchsafe to see to use your lordship’s favour and help, as I have me, though by messages you gave me hope there- done; for otherwise it were a kind of stupidness
in me, and a great trouble also to your lordship, 10 blindness and superstition, or on the other hand to schism or turbulent disposition.
for me not to discern the change, for your lordThirdly and lastly, that they be truly sensible, not to dis- ship to have an importuner, instead of a friend value or disparage the House with bankrupts and necessitous and a suitor. Though, howsoever, if your lordpersons, that may desire long Parliaments only for protec. tion; lawyers of mean account and estimation; young men ship should never think of me more, yet in reinat are not ripe for grave consultations; mean dependents spect of your former favours, which cannot altoupon great persons, that may be thought to have their voices
gether be made void, I must remain, &c. under command, and such like obscure and inferior persons : so that, to conclude, we may have the confort to see before us the very face of a sufficient and well composed House, such as may be worthy to be a representative of the third estate of our kingdom, fit to nourish a loving and comfortable meet.
TO THE MARQUIS OF BUCKINGHAM. ing between us and our people, and fit to be a noble instrument, under the blessing of Almighty God, and our prin MY VERY GOOD LORD, care ani power, and with the loving conjunction of our pre
Though I returned an answer to your lordship's Tarre and peers, for the settling of so great affairs, as are before expressed.
last honourable and kind letter, by the same way