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reason I take to be, and the name excellently imposed; for that main mistaking, it is ever joined with contempt; for he, that reveres, will not easily mistake; but he, that slights, and thinks more of the greatness of his place than of the duty of his place, will soon commit misprisions.

Indorsed,

Star-Chamber, October 24, 1620. Notes upon Mr. Attorney's cause.

TO THE MARQUIS OF BUCKINGHAM.

My very good Lord,

Ir 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 (a) 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 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

and faithful servant,

October 28, 1620.

FR. VERULAM, Canc.

(a) The duke of Lenox,

* From the collec

tions of the late Robert

Esq.

LORD CHANCELLOR BACON TO THE MARQUIS
OF BUCKINGHAM*.

My very good Lord,

Stephens, YESTERNIGHT we made an end of Sir Henry Yelverton's cause. I have almost killed myself with sitting almost eight hours. But I was resolved to sit it through. He is sentenced to imprisonment in the Tower during the king's pleasure. The fine of 40007. and discharge of his place, by way of opinion of the court, referring it to the king's pleasure. How I stirred the court, I leave it to others to speak; but things passed to his majesty's great honour. I would not for any thing but he had made his defence; for many chief points of the charge were deeper printed by the defence. But yet I like it not in him; the less because he retained Holt, who is ever retained but to play the fool. God ever prosper you.

Your Lordship's most obliged friend,

11 Nov. 1620.

and faithful servant,

TO THE KING.

FR. VERULAM, Canc.

It may please your most excellent Majesty, IN performance of your royal pleasure, signified by Sir John Suckling (a), we have at several times considered of the petition of Mr. Christopher Villiers (b), 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

(a) He was afterwards comptroller of the household to king Charles I. and father of the poet of the same name.

(b) Youngest brother to the marquis of Buckingham. He was created, April 23, 1623, baron of Daventry and earl of Anglesey. He died September 24, 1624.

6

of all wills to be sealed with the seal of either of the Prerogative-Courts, which shall be proved in communi forma; 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 ingrossed before the probate. Yet, as the law now stands, no officer of those courts can lawfully take any fee or reward for ingrossing the said wills 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 bishops diocesans, we hold the same will be inconvenient, in regard of the small employment.

Your Majesty's most faithful

November 15, 1602.

and obedient servants,

FR. VERULAM, Canc.
ROBERT NAUNTON,

HENRY MONTAGU (c).

TO THE LORD CHANCELLOR (a).

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

(c) Lord chief justice of the King's Bench, who, on the 3d of December following, was advanced to the post of lord high trea

surer.

(a) Harl. MSS. Vol. 7000.

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 Novemb. 1620.

Indorsed,

G. BUCKINGHAM.

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 by the lower house of parliament, we have set down three, which may concern some of your lordship's special friends, which I account as mine own friends; and so shewed myself, when they were in suit. The one, that to Sir Giles Mompesson, touching the inns; the second, to Mr. Christopher Villiers and Mr. Maule, touching the recognizances for ale-houses; the third, to Mr. Lieutenant of the Tower, touching the cask. These in duty could not be omitted, for that, specially the two first of them, are more rumoured, both by the vulgar, and by the gentlemen, yea, and by the judges themselves, than any other patents at this day. Therefore I thought it appertained to the singular love and affection, which I bear you upon so many obligations, to wish and advise, that your lordship, whom God hath made in all things so fit to be beloved, would' put off the envy of these things, which I think in themselves bear no great fruit; and rather take the thanks for ceasing them, than the note for maintaining

your mind, and

them. But howsoever, let me know
your lordship shall find I will go your way.

I cannot express, how much comfort I take in the choice his majesty hath made of my lord chief justice to be lord treasurer; not for his sake, nor for my sake, but for the king's sake; hoping, that now a number of counsels, which I have given for the establishment of his majesty's estate, and have lain dead and deeper than this snow, may now spring up and bear fruit; the rather, for that I persuade myself, he and I shall run one way. And yet I know well, that in this doubling world cor unum et via una is rare in one man, but more rare between two. And therefore, if it please his majesty, according to his prudent custom in such cases, to cast out, now at his coming down, some words, which may the better knit us in conjunction to do him service, I suppose it will be to no idle purpose.

And as an old truant in the commission of the treasury, let me put his majesty in remembrance of three things now upon his entrance, which he is presently to go in hand with: the first, to make Ireland. to bear the charge thereof; the second, to bring all accounts to one purse in the exchequer; the third, by all possible means to endeavour the taking off of the anticipations. There be a thousand things more; but these being his majesty's last commands to the commissioners of the treasury, with such as in his majesty's princely judgment shall occur, will do well to season his place.

Your Lordship's most obliged friend
and faithful servant,

November 29, 1620.

FR. VERULAM, Canc. your

As soon as I had written this letter, I received lordship's letter, touching my lord chief justice, which redoubled my comfort, to see how his majesty's thoughts and mine, his poor servant's, and your lordship's, meet.

I send inclosed names for the speaker; and if his majesty, or your lordship, demand our opinion, which

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