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bounty he will. God ever preserve and prosper | of the pursuivants in a way, which I think will

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This long book which I send for his majesty's signature, was upon a conference and consult yesternight, (at which time I was assisted by the two chief justices, and attended by the surveyor, attorney, and receiver of the court of wards, Fleetwood,) framed and allowed.

It is long, because we all thought fit not to piece new instructions with old instructions, but to reduce both old and new into one body of instructions. I do not see that of the articles, which are many, any could have been spared. They are plain, but they have a good property, that they will take fast hold. I may not trouble his majesty with choosing some of them in particular, when all are good, only I think fit to let his majesty know of one, which is, that according to his own directions, the oath of making no private unlawful profit is now as well translated to the master and officers that may take, as to the parties and suitors that may give.

It little becometh me to possess his majesty that this will be to his majesty's benefit ten thousands yearly, or fifteen thousands, or twenty thousands; for those rattles are fitter for mounte

banks of service than grave counsellors. But my advices (as far as I am able to discern) tend or extend but to thus much: this is his majesty's surest and easiest may for his most good.

Sir Miles Fleetwood, who both now and heretofore, hath done very good service in this, meriteth to be particularly from your lordship encouraged: which I beseech your lordship not to forget. God ever prosper you.

Your lordship's most faithful

This 4th of December, 1618.

bounden friend and servant, FR. VERULAM, Canc.



I send his majesty a volume of my Lord of Bangor's and my Lord Sheffield, whereof I spake when I left his majesty at Theobald's. His majesty may be pleased at his own good time and pleasure to cast his eye upon it. I purpose at my coming to London to confer with the chief justice as his majesty appointed; and to put the business

be best by a commission of Oyer and Terminer; for the Star Chamber (without confession) is long seas. I should advise that this point of the pursuivants were not single, but that it be coupled in the commission with the offences of keepers of prisons hereabouts, it hath a great affinity; for pursuivants are but ambulatory keepers, and it works upon the same party (of the Papists.) And it is that wherein many of his majesty's and the council's severe charges have been hitherto unhave some other reasons for it. But of this it fruitful and it doth a great deal of mischief. I will be fittest to advertise more particularly what with the chief justice. I am wonderful glad to I have resolved of on advice, upon conference hear of the king's good health. God preserve his majesty and your lordship. I ever rest Your lordship's most obliged friend and faithful servant,

Gorhambury, this last of July, 1619.




I think it my duty to let his majesty know what I find in this cause of the ore tenus: for as his majesty hath good experience, that when his business comes upon the stage, I carry it with strength and resolution, so in the proceedings, I love to be wary and considerate.

I wrote to your lordship by my last, that I hoped by the care I had taken, the business would go well, but without that care, I was sure it would not go well: this I meant, because I had

had conference with the two chief justices, Sir Edward Coke being present, and handled the matter so, that not without much ado, I left both the chief justices firm to the cause and satisfied.

But calling to mind that in the main business, notwithstanding I and the chief justices went one way, yet the day was not good, (and I should be loath to see more of such days,) I am not without some apprehension; for though we have Sir Edward Coke earnest and forward, insomuch as he advised the ore tenus, before I knew it at Wansted, and now bound the Dutchmen over to the Star Chamber, before I was made privy; unto both which proceedings, I did nevertheless give approbation: yet if there should be either the major part of the votes the other way, or any main distraction, though we bear it through, I should think it a matter full of inconvenience: but that which gives me most to think, is the carriage of Mr. Attorney, which sorteth neither with the business nor with himself; for as I hear from divers, and partly perceive, he is fallen from


earnest to be cool and faint; which weakness, if it should make the like alteration at the bar, it might overthrow the cause; all the remedy which is in my power, is by the advice of the judges to draw some other of the learned counsel to his help, which he, I know, is unwilling with, but that is all one.

This I thought it necessary to write, lest the king should think me asleep, and because I know that his majesty's judgment is far better than mine. But I, for my part, mean to go on roundly; and so I ever rest

Your lordship's most obliged friend
and faithful servant,

October 9th, 1619.

we proceed, I should send the letter to his majesty, because I would not straiten his majesty in any thing.

The evidence went well, (I will not say I sometimes helped it as far as was fit for a judge,) and at the arising of the court, I moved their lordships openly, whether they would not continue this cause from day to day till it were ended; which they thought not fit, in regard of the general justice, which would be delayed in all courts: yet afterwards within I prevailed so far, as we have appointed to sit Wednesday, Thursday, and Friday, and to sit by eight of the clock, and so to despatch it before the king come, if we can. God preserve and prosper you. I

ever rest

Your lordship's most obliged friend and faithful servant, FR. VERULAM, Canc.

Friday, at 4 of the o'clock, 1619.

If the king, in his great wisdom, should any ways incline to have the ore tenus put off, then the way were to command that the matter of the This 22d of October, ore tenus should be given in evidence, by way of aggravation, in the main cause. And it is true, 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 the main.



These things which I write now and heretofore, in this cause, I do not write so as any can take knowledge that I write; but I despatch things ex officio here, and yet think it fit, inwardly, to advertise the king what doth occur. And I do assure your lordship, that if I did serve any king whom I did not think far away wiser than myself, I would not write in the midst of business, but go on of myself.

This morning, notwithstanding my speech yesterday with the duke, he delivered this letter enclosed, and I having cleared the room of all save the court and learned counsel, (whom I required to stay,) the letter was read a little before our hour of sitting. When it was read, Mr. Attorney began to move that my lord should not acknowledge his offences as he conceived he had committed them, but as they were charged; and some of the lords speaking to that point, I thought fit to interrupt, and divert that kind of question; and said, before we considered of the extent of my lord's submission, we were first to consider of the extent of our own duty and power; for that I conceived it was neither fit for us to stay proceeding, nor to move his majesty in that, which was before us in course of justice; unto which, (being once propounded by me,) all the lords and the rest, unâ voce assented. I would not so much as ask the question whether, though


I do not love to interlope by writing in the midst of business; but because his majesty commanded me to acquaint him with any occurrence which might cross the way, I have thought fit to let his majesty know what hath passed this day.

This day, (which was the day set down,) the great cause of the Dutchmen was entered into. The pleading being opened, and the case stated by the counsel, the counsel of the defendants made a motion to have certain examinations taken, concerning the old defendants suppressed, because they were taken since the last hearing.

I set the business in a good way, and showed they were but supplemental, and that at the last hearing, there were some things extrajudicial alleged, ad infimandum conscientiam judicis, and therefore there was more reason these should be used, ad informandum conscientiam judicis, and that there was order for it. The order was read, and approved by both the court and the defendant's own counsel; but it was alleged, that the order was not entered time enough, whereby the defendants might likewise examine, wherein certainly there was some slip or forgetfulness in Mr. Attorney, or Britten, that followed it, which I wish had been otherwise, yet it went fair out of the court.

But after dinner my lords were troubled with it, and after much dispute, we have agreed to confer silently, and sine strepitu to-morrow, and set all straight, calling the judges and the learned counsel, with whom I have spoken this evening, 1 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.

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I discern a kind of inclination to take hold of all accidents to put off the cause, whereunto neither I shall give way, nor I hope his majesty; to-morrow, if cause be, I shall write more, but I hope all shall be well. I ever rest Your lordship's most obliged

friend and faithful servant, FR. VERULAM, Canc.

Friday night, 19th November, 1619.



for the satisfying your own honour, as also for calling in the late exorbitant charter of the city; which are the two ends, as we conceive, that your majesty proposed unto yourself.

To effect both which, we humbly presume to present thus much unto your majesty as our opinion. First, That an information be put into the Star Chamber, as we formerly advised, against your attorney as delinquent, against the mayor, &c., as interested, and against the recorder also mixedly with some touch of charge.

That the submission by letter offered by Mr. Attorney is no way satisfactory for your majesty's honour, but is to be of record by way of answer, 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 antouching 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 revenue.

The first is of the corans, to restore the imposition of five shillings and sixpence, laid in the late queen's time, and drawn down unduly, to serve private turns, to three shillings and four pence, which will amount to above three thousand pounds yearly increase.

The other is of the tobacco, for which there is offered two thousand pounds increase yearly, to begin at Michaelmas next, as it now is, and three thousand pounds increase if the plantations of tobacco here within land be restrained.

I approve, in mine own judgment, both propositions, with these cautions: That for the first, the farmers of the corans do, by instrument under their seal, relinquish to the king all their claim thereto, by any general words of their patent. And for the second, that the bargain be concluded and made before the proclamation go forth; wherein, perhaps, there will occur some doubt in law, because it restraineth the subject in the employment of his freehold at his liberty. But being so many ways pro bono publico, I think it good enough.

His majesty may, therefore, be pleased to write his letter to the commissioners of the treasury, signifying his majesty's pleasure directly in both points, to have them done, and leaving to us the consideration de modo. God ever prosper you. I rest your lordship's most obliged friend and faithful servant, FR. VERULAM, Canc.

November 22, 1619.


IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, According to your commandment, we met together yesterday at Whitehall, and there consulted what course were fittest to be taken now in this

majesty's honour, but by answer in court: the same to come merely of themselves, without any motion on your majesty's behalf, directly or indirectly; which being done in this form, it will be afterwards in your majesty's choice and pleasure to use mercy, and to suspend any farther proceedings against your attorney.

That it is of necessity, as well for the putting in of this information, as for your majesty's other urgent and public services in that and other courts, to have a sequestration presently of your attorney, and a provisional commission to some other, during your majesty's pleasure, to execute that charge: for both which instruments legai shall be provided as soon as your majesty's plea sure is known. To which we humbly and dutifully submit our advice and opinion, beseeching God to bless your majesty's sacred person with continuance and increase of much health and happiness. Wherewith, humbly kissing your royal hands, we rest

Your majesty's most humble and
faithful subjects and servants,

At your majesty's palace at Whitehall, June 16, 1620.






I have lately certified his majesty on the behalf of Sir George Chaworth, by Secretary Calvert, touching the place of a remembrancer in the Chancery for setting down of causes. And because the gentleman telleth me the king thought my certificate a little doubtful, he desired me to

write to your lordship, touching my approbation or added, though it may be ourselves shall have more 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 be accompanied with good cautions.

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Yesterday I called unto us the two chief justices and Serjeant Crew about the Parliament business. To call more judges I thought not good, it would be little to assistance, much to secrecy: the distribution of the business we made was into four parts.

First, The perusing of the former grievance, and of things of like nature which have come in since.

Secondly, The consideration of a proclamation with the clauses thereof, especially touching elections, which clauses, nevertheless, we are of opinion, should be rather monitory than exclusive.

The state of his majesty's treasure still maketh me sad; and I am sorry I was not at Theobald's to report it, or that it was not done by my fellow: it is most necessarily we do it faithfully and freely. For to flatter in this were to betray his majesty with a kiss. I humbly pray his majesty to think of my former counsel, and this I will promise, that whomsoever his majesty shall make treasurer, if 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 my propositions shall not be literæ scriptæ in glacie.

Meanwhile, to keep the commission in doing of somewhat worth the doing, it may please his majesty to take knowledge that, upon our report, we had agreed to make remonstrance to him, that we thought Ireland might (if his majesty leave it to our care) be brought by divers good expedients to bear their own charge; and, therefore, his majesty may be pleased, by his commandment, to set us in hand with it out of hand. God ever prosper you.

Your lordship's most obliged friend and faithful servant, FR. VERULAM, Canc.

October 7, 1620.



Thirdly, The inclusive: that is to say, what persons were fit to be of the House, tending to make a sufficient and well composed House of the ablest men of the kingdom, fit to be advised with circa ardua regni, as the style of the writs goeth, 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 this purpose we made some lists of names of the prime counsellors, and principal statesmen or courtiers, of the gravest or wisest lawyers, of the most respected and best tempered knights and gentlemen of the county. And here obiter we did not forget to consider who were the boulefeus of the last session, how many of them are dead, how many reduced, and how many remain, and what was fit to be done concerning them.

sation for any former omission; and I shall be very glad to entertain a correspondence with you in both kinds which you write of: for the latter, I am now ready for you, having sent you some ore of that mine. I thank you for your favours to Mr. Meautys, and pray continue the same. So, wishing you out of your honourable exile, and placed in a better orb, I rest

Your lordship's affectionate kinsman and assured friend,

Fourthly, The having ready of some common- York House, 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 matter to set them on work, that an empty stomach do not feed upon humour.

Of these four points, that which concerneth persons is not so fit to be communicated with the council table, but to be kept within fewer hands. The other three may when they are ripe.

Meanwhile I thought good to give his majesty an account what is done, and in doing, humbly craving his direction if any thing be to be altered




I send his majesty a form of a proclamation' for the Parliament, which I thought fit to offer

Draught of a Proclamation for a Parliament:--

As in our princely judgment, we hold nothing more worthy

of a Christian monarch than the conservation of peace at other calamities of war are avoided, trade is kept open; laws home and abroad; whereby effusion of Christian blood and 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, correct, and direct.

For that part which concerneth the foreign business, his majesty will graciously consider

flourish; subjects are less burdened with taxes and tallages,and infinite other benefits redound to the state of a commonweal: so in our practice, we suppose there hath been seldom any king that hath given more express testimonies and real pledges of this desire to have peace conserved than we have done in the whole course of our regiment.

For neither have we, for that which concerns ourselves, been ready to apprehend or embrace any occasions or opportunities of making war upon our neighbours; neither have we omitted, for that which may concern the states abroad, any good office or royal endeavour, for the quenching of the sparks of troubles and discords in foreign parts. Wherein, as we have been always ready and willing, so we wish that we had been always as happy and prevailing in our advices and counsels that tended to that end.

And yet do we not forget that God hath put into our hands a sceptre over populous and warlike nations, which might have moved us to second the affection and disposition of our people, and to have wrought upon it, for our own ambition, if we had been so minded. But it hath sufficed unto us to seek a true and not swelling greatness in the plantations and improvements of such part of our dominions as have in former times been more desolate and uncivil, and in the maintaining of all our loving subjects in general, in tranquillity and security, and the other conditions of good governinent and happy times. But amongst other demonstrations of our constant purpose and provident care to maintain peace, there was never such a trial, nor so apparent to the world (as in a theatre) as our persisting in the same resolution, since the time that our dear son-in-law was elected and accepted King of Bohemia; by how much the motives tending to shake and assail our said resolution were the more forcible. For neither did the glory of having our dearest daughter and sonin-law to wear a crown, nor the extreme alacrity of our people devoted to that cause, nor the representations, which might be set before us of dangers, (if we should suffer a party in Christendom, held commonly adverse and ill affected to our state and government, to gather further reputation and strength,) transport us to enter into an auxiliary war in prosecution of that quarrel: but, contrariwise, finding the justice of the cause not so clear as that we could be presently therein satisfied, and weighing with ourselves likewise, that if the kingdom of Bohemia had continued in the house of Austria; yet, nevertheless, the balance of Christendom had stood in no other sort than it had done for many years before without increase of party; and chiefly fearing that the wars in those parts of Germany, which have been hitherto the bulwark of Christendom against the approaches of the Turk, might, by the intestine dissensions, allure and let in the common enemy, we did abstain to declare, or engage ourselves in that war, and were contented only to give permission to the ambassador of our son-in-law, to draw some voluntary helps of men and money from our subjects, being a matter that violated no treaty, and could not be denied in case of so near a conjunction.

But, while we contained ourselves in this moderation, we find the event of war hath much altered the case, by the late invasion of the Palatinate, whereby (howsoever under the pretence of a diversion) we find our son, in fact, expulsed in part, and in danger to be totally dispossessed of his ancient inheritance and patrimony, so long continued in that noble line; whereof we cannot but highly resent, if it should be alienated and ravished from him in our times, and to the prejudice of our grandchildren and line royal. Neither can we think it safe for us, in reason of state, that the county Palatine, carrying with itself an electorate, and having been so long in the hands of princes of our religion, and no way depending upon the house of Austria, should now become at the disposing of that house; being a matter, that indeed might alter the balance of Christendom importantly, to the weakening of our state, and the estate of our best friends and confederates.

Wherefore, finding a concurrence of reasons and respects of religion, nature, honour, and estate, all of them inducing us in no wise to endure so great an alteration, we are resolved VOL. III.-12

For that part touching the elections, I have

to employ the uttermost of our forces and means to recover and resettle the said Palatinate to our son and our descendants, purposing, nevertheless, according to our former inclination so well grounded, not altogether to intermit (if the occasions give us leave) the treaties of peace and accord, which we have already begun, and whereof the coming on of the winter, and the counterpoise of the actions of war, hitherto may give us as yet some appearance of hope.

But, forasmuch as were great improvidence to depend upon the success of such treaties, and therefore good policy requires that we should be prepared for a war, which we intend for the recovery and assuring of the said Palatinate, with the dependencies, (a design of no small charge and difficulty, the strength and conjunctures of the adverse party considered,) we have thought good to take into our princely and serious consideration (and that with speed) all things that may have relation to such a designment; amongst which we hold nothing more necessary than to confer and advise with the common council of our kingdom, upon this so important a subject.

For although the making of war or peace be a secret of empire, and a thing properly belonging to our high prerogative royal and imperial power; yet, nevertheless, in causes of that nature, which we shall think fit not to reserve, but to communicate, we shall ever think ourselves much assisted and strengthened by the faithful advice and general assent of our loving subjects.

Moreover, no man is so ignorant as to expect that we should be any ways able (moneys being the sinews of war) to enter into the list against so great potentates, without some large and bountiful help of treasure from our people, as well towards the maintenance of the war as towards the relief of our crown and estate. And this the rather, for that we have now, by the space of full ten years (a thing unheard of in late times) subsisted by our own means, without being chargeable to our people, otherwise than by some voluntary gifts of some particulars; which, though in total amounting to no great matter, we thankfully acknowledge at their hands: but as, while the affairs abroad were in greater calm, we did content ourselves to recover our wants by provident retrenchment of charge, and honourable improvement of our own, thinking to wear them out without troubling our people; so, in such a state of Christendom, as seemeth now to hang over our heads, we durst no longer rely upon those slow remedies, but thought necessary (according to the ancient course of our progenitors) to resort to the good affections and aids of our loving subjects.

Upon these considerations, and for that also in respect of so long intermission of a Parliament, the times may have introduced some things fit to be reformed, either by new laws, or by the moderate desires of our loving subjects, dutifully intimated unto us, (wherein we shall ever be no less ready to give them all gracious satisfaction than their own hearts can desire,) we have resolved, by the advice of our privy council, to hold a Parliament at our city of Westminster.

And because, as well this great cause, (there to be handled amongst the rest, and to be weighed by the beam of the kingdom,) as also the true and ancient institution of Parliament, do require the Lower House (at this time if ever) to be compounded of the gravest, ablest, and worthiest members that may be found: we do hereby, out of the care of the common good, wherein themselves are participant, (without all preju dice to the freedom of elections,) admonish all our loving subjects (that have votes in the elections of knights and burgesses) of these few points following.

First, That they cast their eyes upon the worthiest men of all sorts, knights and gentlemen, that are lights and guides in their countries, experienced Parliament men, wise and discreet statesmen, that have been practised in public affairs, whether at home or abroad; grave and eminent lawyers, substantial citizens and burgesses, and generally such as are interested and have portion in the estate.

Secondly, That they make choice of such as are well affected in religion, without declining either on the one hand H 2

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