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For the particular part of a true friend, which | larly perceive an alteration in my carriage. And your majesty witnesseth, that the earl hath lately now that your majesty hath been pleased to open performed towards me, in palliating some errors yourself to me, I shall be willing to further the of mine; it is no new thing with me to be more match by any thing, that shall be desired of me, and more bound to his lordship; and I am most or that is in my power. humbly to thank, whatsoever it was, both your majesty and him; knowing well, that I may, and do commit many errors, and must depend upon your majesty's gracious countenance and favour for them, and shall have need of such a friend near your majesty. For I am not so ignorant of mine own case, but that I know I am come in with as strong an envy of some particulars, as with the love of the general.

For my opposition to this business, which, it seemeth, hath been informed your majesty, I think it was meant, if it be not a thing merely feigned, and without truth or ground, of one of these two things; for I will dissemble nothing with your majesty. It is true, that in those matters, which, by your majesty's commandment and reference, came before the table concerning Sir Edward Coke, I was sometimes sharp, it may be too much; but it was with end to have your majesty's will performed; or else, when methought he was more peremptory than became him, in respect of the honour of the table. It is true also, that I dislike the riot or violence, whereof we of your council gave your majesty advertisement by our joint letter: and I disliked it the more, because he justified it to be law; which was his old song. But in that act of council, which was made thereupon, I did not see but all my lords were as forward as myself, as a thing most necessary for preservation of your peace, which had been so carefully and firmly kept in your absence. And all this had a fair end, in a reconcilement made by Mr. Attorney,* whereby both husband and wife and child should have kept together. Which, if it had continued, I am persuaded the match had been in better and fairer forwardness, than now it is.

And whereas your majesty conceiveth some dregs of spleen in me by the word "Mr. Bacon;" truly it was but to express in thankfulness the comparative of my fortune unto your majesty, the author of the latter, to show how little I needed to fear, while I had your favour. For, I thank God, I was never vindictive nor implacable.

As for my opinion of prejudice to your majesty's service, as I touched it before, I have done; I do humbly acquiesce in your majesty's satisfaction, and rely upon your majesty's judgment, who unto judgment have also power, so to mingle the elements, as may conserve the fabric.

For the interest, which I have in the mother, I do not doubt but it was increased by this, that I in judgment, as I then stood, affected that which she did in passion. But I think the chief obligation was, that I stood so firmly to her in the matter of her assurance, wherein I supposed I did your majesty service, and mentioned it in a memorial of council-business, as half craving thanks for it. And sure I am now, that, and the like, hath made Sir Edward Coke a convert, as I did write to your majesty in my last.

For the collation of the two spirits, I shall easily subscribe to your majesty's answer; for Solomon were no true man, if in matter of malice the woman should not be the superior.

To conclude, I have gone through, with the plainness of truth, the parts of your majesty's letter: very humbly craving pardon for troubling your majesty so long; and most humbly praying your majesty to continue me in your grace and favour, which is the fruit of my life upon the root of a good conscience. And although time in this business have cast me upon a particular, which, I confess, may have probable show of passion or interest; yet God is my witness, that the thing, that most moved me, was an anxious and solicitous care of your majesty's state and service, out of consideration of the time past and present.

Now, for the times of things, I beseech your majesty to understand that which my Lord of Buckingham will witness with me, that I never had any word of letter from his lordship of the business, till I wrote my letter of advice; nor again, after my letter of advice, till five weeks after, which was now within this sennight. So that although I did in truth presume, that the earl would do nothing without your majesty's privity; yet I was in some doubt, by this his silence of his own mind, that he was not earnest in it, but only was content to embrace the officious offers ADVICE TO THE KING FOR REVIVING THE and endeavours of others.

But, to conclude this point, after I had received, by a former letter of his lordship, knowledge of his mind, I think Sir Edward Coke himself, the last time he was before the lords, might particu

* Sir Henry Yelverton.

God ever preserve and bless your majesty, and send you a joyful return after your prosperous journey.

COMMISSION OF SUITS.

THAT, which for the present I would have spoken with his majesty about, as a matter wherein time may be precious, being upon the tenderest point of all others. For, though the particular occasion may be despised, and yet

nothing ought to be despised in this kind, yet the | when judgment is given, there be a faithful report
counsel thereupon I conceive to be most sound made of the reason thereof.
and necessary, to avoid future perils.

The accounts of the summer-circuits, as well as that of the lent-circuit, shall be ready against his majesty's coming. They will also be ready with some account of their labours concerning Sir Edward Coke's Reports: wherein I told them his majesty's meaning was, not to disgrace the person, but to rectify the work, having in his royal contemplation rather posterity than the present.

judges.

The cause of the Egertons I have put off, and shall presently enter into the treaty of accord, according to his majesty's commandment, which is well tasted abroad, in respect of his compassion towards those ancient families.

There is an examination taken within these few days, by Mr. Attorney, concerning one Baynton, or Baynham, for his name is not yet certain, attested by two witnesses, that the said Baynton, without any apparent show of being overcome with drink, otherwise than so as might make him less wary to keep secrets, said, that he had been lately with the king, to petition him for reward of service; which was denied him. The two points touching the peace of the middle Whereupon it was twice in his mind to have kill-shires, I have put to a consult with some selected ed his majesty. The man is not yet apprehended, and said by some to be mad, or half-mad; which, in my opinion, is not less dangerous; for such men commonly do most mischief; and the manner of his speaking imported no distraction. But the counsel I would out of my care ground hereupon is, that his majesty would revive the commission for suits, which hath been now for these three years, or more, laid down. For it may prevent any the like wicked cogitations, which the devil may put into the mind of a roarer York House, October 11, 1617. or swaggerer, upon a denial: and, besides, it will free his majesty from much importunity, and save his coffers also. For I am sure when I was a commissioner, in three whole years' space there passed scarce ten suits that were allowed. And I doubt now, upon his majesty's coming home from this journey, he will be much troubled with petitions and suits; which maketh me think this remedy more seasonable. It is not meant, that suits generally should pass that way, but only such suits as his majesty would

be rid on.

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It may please your lordship to let his majesty understand, that I have spoken with all the judges, signifying to them his majesty's pleasure touching the commendams. They all "una voce" did reaffirm, that his majesty's powers, neither the power of the crown, nor the practised power by the archbishop, as well in the commendam "ad recipiendum," as the commendam ad retinendum," are intended to be touched; but that the judgment is built upon the particular defects and

informalities of this commendam now before them. They received with much comfort, that his majesty took so well at their hands the former stay, and were very well content and desirous, that VOL. II.-66

God ever preserve and prosper your lordship,
according to the faithful and fervent wishes of
Your lordship's true friend and devoted servant,
FR. BACON.

TO THE LORD KEEPER.*

My HONOUrable Lord,

the middle shires, unto his majesty, who liketh it
I have delivered the judges' advice, touching
very well. As for the point of law, his majesty
will consider of it at more leisure, and then send
you his opinion thereof. And so I rest

Your lordship's faithful friend and servant,
G. BUCKINGHAM.

Hinchinbroke, the 22d of Oct. 1617.

TO THE LORD KEEPER.t

MY HONOURABLE LORD,

Understanding, that Thomas Hukeley, a mer-
chant of London, of whom I have heard a good
report, intendeth to bring before your lordship in
chancery a cause depending between him, in right
of his wife, daughter of William Austen, and one
John Horsmendon, who married another daughter
of the said Austen; I have thought fit to desire
your lordship to give the said Thomas Hukeley a
favourable hearing when his cause shall come
before you; and so far to respect him for my sake,
as your lordship shall see him grounded upon
equity and reason; which is no more than, I as
sure myself, your lordship will grant readily, as
it is desired by

Your lordship's faithful friend and servant,
G. BUCKINGHAM.

Endorsed, November 17, 1617.

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TO THE LORD CHANCELLOR.*

MY HONOURABLE LORD,

I have heretofore recommended unto your lordship the determination of the cause between Sir Rowland Egerton and Edward Egerton,† who, I understand, did both agree, being before your lordship, upon the values of the whole lands. And as your lordship hath already made so good an entrance into the business, I doubt not but you will be as noble in furthering the full agreement between the parties: whereunto, I am informed, Sir Rowland Egerton is very forward, offering on his part that, which to me seemeth very reasonable, either to divide the lands, and his adverse party to choose; or the other to divide, and he to choose. Whereupon my desire to your lordship is, that you would accordingly make a final end between them, in making a division, and setting forth the lands, according to the values agreed upon by the parties themselves. Wherein, besides the charitable work your lordship shall do in making an end of a controversy between those, whom name and blood should tie together, and keep in unity, I will acknowledge your favour as unto myself,

and will ever rest

Your lordship's faithful servant,
G. BUCKINGHAM.

Theobalds's, January 9,1617.

TO SIR HENRY YELVERTON, ATTORNEYGENERAL.

MR. ATTORNEY,

Whereas, there dependeth before me in chancery a great cause of tithes concerning the benefices of London, though in a particular, yet, by consequence, leading to a general; his majesty, out of a great religious care of the state, both of church and city, is graciously pleased, that before any judicial sentence be pronounced in chancery, there be a commission directed unto me, the lord chancellor, the lord treasurer, the lord privy-seal, and the lord chamberlain; and likewise to the lord archbishop, the Lord Bishop of Winchester,+ and the Bishop of Ely,§ and also to the master of the rolls, the two lord chief justices,¶ Justice Dodderidge, and Justice Hutton, who formerly assisted

me in the cause, to treat of some concord in a reasonable moderation between the ministers and the mayor and the commonalty of London in behalf of the citizens; and to make some pact and transaction between them by consent, if it may be; or otherwise to hear and certify their opinion touching the cause, that thereupon his majesty may take such farther order, by directing of a proceeding in chancery, or by some other course, as to his wisdom shall seem fit.

You will have care to draw the commission

with some preface of honour to his majesty, and likewise to insert in the beginning of the commission, that it was "de advisamento cancellarii," (as it was indeed,) lest it should seem to be taken from the court. So I commit you to God's, etc.. FR. BACON, Canc.

Jan. 19, 1617.

TO THE LORD CHANCELLOR.*

My HONourable Lord,

George Tipping, in giving liberty unto him to I thank your lordship for your favour to Sir make his appearance before you after the holydays, at my request; who, as I understand by some friends of mine, who moved me to recom-mend him to your lordship's favour, is willing to conform himself in performance of the decree made in the chancery by your lordship's prede cessor, but that he is persuaded, that presently, upon the performance thereof, his son will make away the land that shall be conveyed unto him: which being come to Sir George from his ancestors, he desireth to preserve to his posterity. I desire your lordship's farther favour therefore unto him, that you will find out some course, how he may be exempted from that fear of the sale of his lands, whereof he is ready to acknowledge a fine to his son, and to his heirs by Anne Pigot; and, they failing, to his son's heirs males, and for want thereof, to any of his son's or brethren's heirs males, and so to the heirs general of his father and himself, by lineal descent, and the remainder to the crown. This offer, which seemeth very reasonable, and for his majesty's advantage, I desire your lordship to take into your consideration, and to show him what favour you may for my sake; which I will readily acknowledge, and ever rest Your lordship's faithful servant,

Sir Francis Bacon had that title given him January 4. This was one of the causes mentioned in the charge of Newmarket, Jan. 23, 1617. the House of Commons against the Lord Bacon; in his answer to which, he acknowledged, that some days after perfecting his award, which was done with the advice and consent of the Lord Chief Justice Hobart, and publishing it to the parties, he reeeived 300%. of Mr. Edward Egerton, by whom, soon after his coming to the seal, he had likewise been presented with 4001. in a purse.

Dr. James Montagu.

Dr. Lancelot Andrews.

Sir Julius Cæsar.

Sir Henry Montagu of the king's bench, and Sir Henry Hobart of the common pleas.

G. BUCKINGHAM.

TO THE LORD CHANCELLOR.+

MY HONOURABLE LORD,

Understanding that there is a suit depending before your lordship, between Sir Rowland Cot

* Harl. MSS. vol. 7006.

+ Harl. MSS. vol. 7006.

Greenwich, June 12, 1618.

ton,* plaintiff, and Sir John Gawen, defendant, | thereof will permit. And I shall receive it at which is shortly to come to a hearing; and having your lordship's hands as a particular favour. been likewise informed, that Sir Rowland Cotton So I take my leave of your lordship, and rest hath undertaken it in the behalf of certain poor Your lordship's faithful friend and servant, people; which charitable endeavour of his, I G. BUCKINGHAM. assure myself, will find so good acceptation with your lordship, that there shall be no other use of recommendation; yet, at the earnest request of some friends of mine, I have thought fit to write to your lordship in his behalf, desiring you to show him what favour you lawfully may, and the cause may bear, in the speedy despatch of his business; which I shall be ever ready to acknowledge, and rest

Your lordship's most devoted to serve you, G. BUCKINGHAM. Whitehall, April 20, 1618.

TO THE LORD CHANCELLOR.+

MY HONOURABLE GOOD LORD,

Whereas, in Mr. Hansbye's cause, which formerly, by my means, both his majesty and myself recommended to your lordship's favour, your lordship thought good, upon a hearing thereof, to decree some part for the young gentleman, and to refer to some masters of the chancery, for your farther satisfaction, the examination of witnesses to this point; which seemed to your lordship to be the main thing your lordship doubted of, whether or no the leases, conveyed by old Hansbye to young Hansbye by deed, were to be liable to the legacies, which he gave by will; and that now I am credibly informed, that it will appear upon their report, and by the depositions of witnesses, without all exception, that the said leases are no way liable to those legacies; these shall be earnestly to entreat your lordship, that upon consideration of the report of the masters, and depositions of the witnesses, you will, for my sake, show as much favour and expedition to young Mr. Mr. Hansbye in this cause, as the justness

* A gentleman eminent for his learning, especially in the Hebrew language, in which he had been instructed by the famous Hugh Broughton, who died in 1612. He was son of Mr. William Cotton, citizen and draper of London, and had an estate at Bellaport in Shropshire, where he resided, till he came to live at London at the request of Sir Allen Cotton, his father's younger brother, who was lord mayor of that city in 1625. Sir Rowland was the first patron of the learned Dr. Lightfoot, and encouraged him in the prosecution of his studies of the Hebrew language and antiquities

+ Harl. MSS. vol. 7006.

This seems to be one of the causes, on account of which

Lord Bacon was afterwards accused by the House of Commons; in answer to whose charge he admits, that in the cause of Sir Ralph Hansbye there being two decrees, one for the inheritance, and the other for goods and chattels ; some time after the first decree, and before the second, there was 5001. delivered to him by Mr. Tobie Matthew; nor could his lordship deny, that this was upon the matter "pendente lite."

TO THE LORD CHANCELLOR.*

MY HONOURABLE LORD,

Understanding, that the cause depending in the chancery between the Lady Vernon and the officers of his majesty's household is now ready for decree; though I doubt not, but, as his majesty hath been satisfied of the equity of the cause on his officers' behalf, who have undergone the business, by his majesty's command, your lordship will also find their cause worthy of your favour: yet, I have thought fit once again to recommend it to your lordship, desiring you to give them a speedy end of it, that both his majesty may be freed from farther importunity, and they from the charge and trouble of following it: which I will be ever ready to acknowledge as a favour done unto myself, and always rest

Your lordship's faithful friend and servant, G. BUCKINGHAM. Greenwich, June 15, 1618.

TO THE LORD CHANCELLOR.+

MY HONOURABLE LORD,

I wrote unto your lordship lately in the behalf of Sir Rowland Cotton, that then had a suit in dependence before your lordship and the rest of my lords in the Star Chamber. The cause, I understand, hath gone contrary to his expectation; yet, he acknowledges himself much bound to your lordship for the noble and patient hearing he did then receive; and he rests satisfied, and I much beholden to your lordship, for any favour it pleased your lordship to afford him for my cause. It now rests only in your lordship's power for the assessing of costs; which, because, I am certainly informed, Sir Rowland Cotton had just cause of complaint, I hope your lordship will not give any against him. And I do the rather move your lordship to respect him in it, because it concerns him in his reputation, which I know he tenders, and not the money which might be imposed upon him; which can be but a trifle. Thus presuming of your lordship's favour herein, which I shall be ready ever to account to your lordship for, I rest Your lordship's most devoted to serve you, G. BUCKINGHAM.

June 19, 1618.

* Harl. MSS. vol. 7006.
† Ibid.

TO THE LORD CHANCELLOR.*

MY HONOURABLE LORD,

I have been desired by soine friends of mine, in the behalf of Sir Francis Englefyld, to recommend his cause so far unto your lordship, that a peremptory day being given by your lordship's order for the perfecting of his account, and for the assignment of the trust, your lordship would take such course therein, that the gentleman's estate may be redeemed from farther trouble, and secured from all danger, by engaging those, to whom the trust is now transferred by your lordship's order, to the performance of that, whereunto he was tied. And so not doubting but your lordship will do him what lawful favour you may herein, I rest Your lordship's faithful friend and servant, G. BUCKINGHAM.

Endorsed,

Received Oct. 14, 1618.

of quality be admitted to be present to hear the
whole proceeding, as in like cases hath been used
And after the assembly of all these, that some of
your majesty's counsellors of state, that are best
acquainted with the case, should openly declare,
that this form of proceeding against Sir Walter is
holden, for that he is civilly dead. After this
your majesty's council learned to charge his acts
of hostility, depredation, abuse as well of your
majesty's commission, as of your subjects under
his charge, impostures, attempt of escape, and
But for that, which
other his misdemeanors.
concerns the French, wherein he was rather pas-
sive than active, and without which the charge is
complete, we humbly refer to your majesty's con-
sideration, how far that shall be touched. After
which charge so given, the examinations read,
and Sir Walter heard, and some to be confronted
against him, if need be, then he is to be with-
drawn and sent back; for that no sentence is, or
can be, given against him. And after he is gone,
then the lords of the council and judges to give
their advice to your majesty, whether in respect of

TO THE KING, CONCERNING THE FORM AND these subsequent offences upon the whole matter,

MANNER OF PROCEEDING AGAINST SIR WAL-
TER RALEGH.+

MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY,
According to your commandment given unto us,
we have, upon divers meetings and conferences,
considered what form and manner of proceeding
against Sir Walter Ralegh might best stand with
your majesty's justice and honour, if you shall be
pleased, that the law shall pass upon him.

your majesty, if you so please, may not with justice and honour give warrant for his execution upon his attainder. And of this whole proceeding we are of opinion, that a solemn act of council should be made, with a memorial of the whole presence. But before this be done, that your majesty may be pleased to signify your gracious direction herein to your council of state; and that your council learned, before the calling of Sir Walter, should deliver the heads of the matter, together with the principal examinations touching the same, wherewith Sir Walter is to be charged, unto them, that they may be perfectly informed of the true state of the case, and give their advice accordingly. All which, nevertheless, we, in all humbleness, present and submit to your princely wisdom and judgment, and shall follow whatsoever it shall please your majesty to direct us herein, with all dutiful readiness.

Your majesty's most humble

and faithful servants, etc.

And, first, we are of opinion, that Sir Walter Ralegh being attainted of high treason, which is the highest and last work of law, he cannot be drawn in question judicially for any crime or offence since committed. And, therefore, we humbly present two forms of proceeding to your majesty; the one, that together with the warrant to the lieutenant of the Tower, if your majesty shall so please, for his execution, to publish a narrative in print, of his late crimes and offences: which, albeit your majesty is not bound to give an account of your actions in these cases to any but only to God alone, we humbly offer to your York House, this 18th of October, 1618. majesty's consideration, as well in respect of the great effluxion of time since his attainder, and of his employment by your majesty's commission, as for that his late crimes and offences are not yet publicly known. The other form, whereunto, if your majesty so please, we rather incline, is, that where your majesty is so renowned for your justice, it may have such a proceeding, as is nearest to legal proceeding; which is, that he be called before the whole body of your council of state, and your principal judges, in your council chamber; and that some of the nobility and gentlemen

*Harl. MSS. vol. 7006.

+Ile was beheaded October 29, 1618, the day of the inauguration of the Lord Mayor of London.

TO THE LORD CHANCELLOR.*

My HONOurable Lord,

Whereas, there is a cause depending in the court of chancery between one Mr. Francis Foliambe and Francis Hornsby, the which already hath received a decree, and is now to have another hearing before yourself; I have thought fit to desire you to show so much favour therein, seeing it concerns the gentleman's whole estate, as to make a full arbitration and final end, either by taking

* Hari. MSS. vol. 7006.

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