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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 penn'd by one Mr. Trotte, that I set on work, touching the whole busi ness, 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 for your health, and long may you live to do us all good. I rest
Your true and most devoted servant,
2 My lord of Arundel descended from the noble family of the Howards; his grandfather the duke of Norfolk losing his life upon the account of Mary Queen of Scots, and his father suffering some years imprisonment under sentence of condemnation: he was restored in blood, and to the titles of Arundel and Surry, 1 Jac. made a privy counsellor on the 25th of July 1616, and afterwards earl marshal of England, and general of the army sent against the Scots by king Charles I. But about the beginning of our civil wars he retired into Italy, where he had spent part of his youth, and returned to the religion he had professed, dying at Padua in 1646. He was a gentleman of a noble aspect, and of a noble nature, a great virtuoso and antiquary, who with much care and cost procured many valuable antiquities and inscriptions to be brought from Asia, Greece, and Italy into England, and placed thein in or near his garden at Arundel-house in the Strand; several of which were very generously presented by his grandson the duke of Norfolk to the university of Oxford, where they are among others of the famous Selden fixed to the walls inclosing the Theatre. It were to be wished, that the great number of ancient statues which adorned his house and gardens, and have since been much neglected, had met with as safe a repository. The eloquence which Sir Francis Bacon doth here commend in this lord, is much the same which in the beginning of his Advancement of Learning he doth attribute to the king, in the words of Tacitus, concerning Augustus Cæsar; Augusto profluens, et quæ principem deceret, eloquentia fuit.
on of this
A proposition for the repressing of singular On occasicombats or duels, in the hand-writing of Sir letter, in FRANCIS BACON.
which is mentioned Sir Francis Bacon's
FIRST, for the ordinance which his majesty may establish herein, I wish it may not look back to any speech offence past, for that strikes before it warns. I wish against duels, it also it may be declared to be temporary, until a par- may not be liament; for that will be very acceptable to the parli improper ament; and it is good to teach a parliament to work here this upon an edict or proclamation precedent.
For the manner, I should think fit there be published Sir David Dalryma grave and severe proclamation, induced by the D ple's meoverflow of the present mischief. morials and letters,
For the ordinance itself: first, I consider that offence, p. 51. hath vogue only amongst noble persons, or persons of quality. I consider also that the greatest honour for subjects of quality in a lawful monarchy, is to have access and approach to their sovereign's sight, and person, which is the fountain of honour; and though this be a comfort all persons of quality do not use; yet there is no good spirit but will think himself in darkness, if he be debarred of it. Therefore I do propound, that the principal part of the punishment be, that the offender, in the cases hereafter set down, be banished perpetually from approach to the courts of the king, queen, or prince.
Secondly, That the same offender receive a strict prosecution by the king's attorney, ore tenus, in the Star-Chamber; for the fact being notorious, will always be confessed, and so made fit for an ore tenus. And that this prosecution be without respect of per sons, be the offender never so great; and that the fine set be irremissible.
Lastly, For the causes, that they be these following: 1. Where any singular combat, upon what quarrel soever, is acted and performed, though death do not
2. Where any person passeth beyond the seas, with purpose to perform any singular combat, though it be never acted.
Stephens's second col
3. Where any person sendeth a challenge. 4. Where any person accepteth a challenge. 5. Where any person carrieth or delivereth a challenge.
6. Where any person appointeth the field, directly or indirectly, although it be not upon any cartel or challenge in writing.
7. Where any person accepteth to be a second in any quarrel.
CLXVIII. To the Lord Viscount VILLIERS.
It may please your Lordship,
I PRAY let his majesty understand, that although my lord chancellor's answer touching the dismission of the Farmers cause, was full of respect and duty, yet I would be glad to avoid an express signification from his majesty, if his majesty may otherwise have his end. And therefore I have thought of a course, that a motion be made in open court, and that thereupon my lord move a compromise to some to be named on either part, with bond to stand to their award. And as I find this to be agreeable to my lord chancellor's disposition, so I do not find but the Farmers, and the other party are willing enough towards it. And therefore his majesty may be pleased to forbear any other letter or message touching that business. God ever keep your lordship.
Your Lordship's true and most devoted servant,
Jan. 23, 1616.
Stephens's CLXIX. This letter was written to the Earl of
BUCKINGHAM, on the same day Sir Francis
My dearest Lord,
IT is both in care and kindness, that small ones float up to the tongue, and great ones sink down into the heart in silence. Therefore I could speak little to your
lordship to-day, neither had I fit time: but I must profess thus much, that in this day's work you are the truest and perfectest mirror and example of firm and generous friendship that ever was in court. And I shall count every day lost, wherein I shall not either study your well doing in thought, or do your name honour in speech, or perform you service in deed. Good my lord, account and accept me
Your most bounden and devoted friend
March 7, 1616.
CLXX. To the Earl of BUCKINGHAM.
My singular good Lord,
WHEN I heard here your lordship was dead, I thought I had lived too long. That was, to tell your lordship truly the state of my mind, upon that report. Since, I hear it was an idle mistaking of my lord Evers for my lord Villiers. God's name be blessed, that you are alive to do infinite good, and not so much as sick or ill disposed for any thing I now hear.
I have resigned the prince's seal, and my lord Hobart is placed. I made the prince laugh, when I told ́ him I resigned it with more comfort than I received it; he understanding me that I had changed for a better: but after I had given him that thought, I turned it upon this, that I left his state and business in good case, whereof I gave him a particular account.
The queen calleth upon me for the matter of her house, wherein your lordship and my lord chamberlain and I dealt, and received his majesty's direction, so that I shall prepare a warrant first to my lord treasurer and Mr. Chancellor, for that is the right way, to advise how to settle it by assignment, in case she survive his majesty, which I hope in God she shall not.
Her desire was expressly and of herself that when I had prepared a warrant to be sent to his majesty, I should send it by your lordship's hands.
We sit in council, that is all I can yet say; Sir John Denham is not come, upon whose coming the king shall
Stephens's second col
have account of our consultations touching Ireland, which we cannot conclude till we have spoken with him; God ever preserve and prosper you.
It grieveth me much that I cannot hear enough of his majesty's good disposition of health, and his pleasures, and other ordinary occurrences of his journey. I pray your lordship will direct Mr. Packer to write to me some time of matters of that kind; I have made the like request to Sir Edward Villiers, by whom I write this present, to whose good affection I think myself beholden, as I do also esteem him much for his good parts, besides his nearness to your lordship, which bindeth me above all.
Your Lordship's most faithful
7 Apr. 1617.
and devoted friend and servant,
Rawley's CLXXI. To the renowned University of CAM BRIDGE, his dear and reverend Mother.
I AM debtor to you for your letters, and of the time likewise, that I have taken to answer them. But as soon as I could choose what to think on, I thought good to let you know; that although you may err much in your valuation of me, yet you shall not be deceived in your assurance: and for the other part also, though the manner be to mend the picture by the life; yet I would be glad to mend the life by the picture, and to become, and be, as you express me to be. Your gratulations shall be no more welcome to me, than your business or occasions; which I will attend;; and yet not so, but that I shall endeavour to prevent them by my care of your good. And so I commend you to God's goodness.
Your most loving and assured friend and son,
Gorhambury, Apr. 12, 1617.