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debt of 2001. and that the decree was mistaken in the penning of it, and so must needs be understood, because the decree must be upon the proofs; and all the proofs went but upon the 2001. in toto, and not upon any particular bond: whereupon my lord chancellor referred the consideration of the proofs, and the comparing of them with the decree, to Sir John Tyndal and doctor Amye.
They reported, which was the killing report, that upon the proofs there was but one 2001. in all, and that had been eagerly followed by Bertram, and that Simeon had suffered by error and mistaking, and that it were time he were released, which was a most just and true report, and yet it concluded, as is used in such cases, that they referred it to the better judgment of the court; and the court upon the reading of that report gave order that the plaintiff Bertram should shew cause by a day why Simeon should not be enlarged, and the plaintiff Bertram dismissed. And before the day prefixed to shew cause, Bertram pistolled Sir John Tyndal,
To the Lord Viscount VILLIERS,
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 lordship may assure yourself, in whatsoever you commit to me your lordship's farther 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 them 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
Stephens's first collection,p. 189.
should be fee-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 ho nour 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 Deccombe, as a value of great favour to your lordship, because it was a thousand pound more than it was valued at to Somerset) to thirty-two thousand pounds; whereby there were six thousand pounds gotten, and yet justly.
Thirdly, I advised the course of rating Hartington at a hundred years purchase, and the rest at thirtyfive 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 unto; whereby you have
Fourthly, That lease to the feoffees, which was kept as a secret in the decke, and was not only of Hartington, but also of most of the other particulars in your book, I caused to be throughly looked into and provided for; without which your assurance had been nothing worth: and yet I handled it so, and made thę 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 no body 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 annexation; by which lands, etc. were united or annex. ed to the duchies of Cornwall and Lancaster,
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 necessity; I found a remedy for that also, because I 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; and 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.
Thus your lordship may see my love and care to wards 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, hot 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 kalendar fair written of those evidences which concern your estate, for so much as 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, Darcey'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 præterperfect 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 farther at this time. God ever preserve and prosper your lordship.
Your true and most devoted servant,
Nov. 29, 1616.
Certainly the wisdom of foresight and prevention, is far above the wisdom of remedy; and yet I fear the following observation Sir Francis Bacon makes in his essay of empire, concerning the times in or near which he lived, hath been verified too much in others. "This is true, that the wisdom of all these later times "in princes affairs, is rather fine deliveries and shiftings of dangers "and mischiefs when they are near, than solid or grounded courses "to keep them aloof. But this is but to try masteries with for. "tune; and let men beware how they neglect and suffer matter "of trouble to be prepared; for no man can forbid the spark, "nor tell whence it may come."
CLXVII. To the Lord Viscount VILLIERS, Stephens's about duels.
My very good Lord,
I DELIVERED the proclamation for cloth to secretary 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.
Yesterday was a day of great good for his majesty's service, and the peace of this kingdom concerning duels, by occasion of Darcy's case. I spake big, and, publishing his majesty's strait charge to me, said, it had struck me blind, as in point of duels and cartels, etc. I should not know a coronet from a hatband. I was bold also to declare how excellently his majesty had expressed to me a contemplation of his touching duels; that is, that when he came forth and saw himself princely attended with goodly nobless 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 mistaking, and then a lye, 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 attendance but might be dead within twenty-four hours by the duel. This I write because his majesty may be wary, what he saith 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.