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 mought 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 FR. VERULAM, Canc. 9th Octob. 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 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. The first paragraph of the next letter seems to convey the King's answer to the last, and to be a direction to proceed with the ore tenus. The last paragraph, taken in connexion with the docket, seems to imply that Bacon had written to Buckingham about Suffolk's case. If so, the letter appears to have been lost. TO THE LORD CHANCELLOR.1 My honourable Lord, I have acquainted his Majesty with your letter, who hath given order to Mr. Secretary Calvert, to signify his pleasure for the proceeding in that 1 Harl. MSS. 7006, f. 144. Orig. Docketed by Meautys, "10 Oct. 1619, My Lo. of B. to yr Lp. Shewing his Majesty's acceptation of your Lordship's care, in particular in the business against the Earl of Suffolk." Beneath is written in Bacon's own hand," Causes of greatness in publick Justice, Select." business whereof you write without any further delay, as your Lordship will more fully understand by Mr. Secretary, who for that purpose is to return to London against the day of hearing. I have no answer to make to your former letter, and will add no more to this, but that his Majesty hath a great confidence in your care of his service. And so I rest Your Lordship's faithful friend and servant, Royston, Oct. 10, 1619. On the 13th October, the first Star Chamber day of the term, the Ore tenus proceeding took place. There were three persons informed against-Courteen, Burlamachi, and another Dutchman,and the result, to which the next letter refers, is thus stated by Chamberlain :— "How well this misdemeanour was urged and proved against them, or how well they answered for themselves, I have heard diversely reported and were long to relate; but in conclusion they were all censured to imprisonment during the King's pleasure, and Courteen fined at 20007. Burlamachi (after much commendation otherwise and many good words from the Earl of Arundel and others) at 2000 marks, and the third at 5007. But all this is nothing to the main matter that is threatened to hang over their heads." 1 TO THE LORD CHANCELLOR.2 My honourable Lord, The news of this victory hath so well pleased his Majesty, that he giveth thanks to all; and I among the rest, who had no other part but the delivering of the letter, had my part of his good acceptation, which he would have rewarded after the Roman fashion with every man a garland, if it had been now in use. But after the fashion of his gracious goodness, he giveth your Lordship thanks: and would have you deliver the like in his Majesty's name to Sir Edward Coke and the Judges. Your news which came the first gave his Majesty a very good breakfast, and I hope his health will be the better after it. 14 Oct. Your Lordship's faithful friend and servant, 6. The next business was the case of the Earl of Suffolk, which was to be despatched before the main cause against the Dutch was pro 1 Chamberlain to Carleton, 16 Oct. 1619. 2 Harl. MSS. 7006. Orig. Docketed by Meautys "14 Oct. 1619. My Lo .of Buck to your Lp. in his own bandwriting signifying his M. acceptation of the care and success in the ore tenus against the Dutch." VOL. VII. E ceeded with, and is the subject of all the letters which follow in this section, if we except two or three from Buckingham in behalf of suitors; which are of no interest, so far as I know, and are inserted in their places only to make the collection complete. TO THE MARQUIS OF BUCKINGHAM,1 My very good Lord, After my last letter yesterday, we entered into conference touching the Suffolk cause, myself, and the two commissioners, and the two Chief Justices. The fruit of this conference is, That we all conceive the proceedings against my Lord himself to be not only just and honourable, but in some principal parts plausible in regard of the public; as namely, those three points, which touch upon the ordnance, the army of Ireland, and the money of the cautionary towns; and the two Chief Justices are firm in it. I did also in this cause, by the assent of my Lords, remove a part. For Mr. Attorney had laid it upon Serjeant Davies to open the information, which is that which gives much life or coldness to the cause. But I will have none but trained men in this cause; and I cannot forget that the allotting of the opening of the information in this cause of the Dutch (I mean the main cause) to a mean fellow, one Hughes, did hurt, and was never well recovered. By my next I will write of the King's estate : and I ever rest Your Lordship's most obliged friend Oct 14, 1619. FR. V. TO THE MARQUIS OF BUCKINGHAM.2 My very good Lord, This morning the Duke came to me, and told me the King's cause was yesterday left fair; and if ever there were a time for 1 Gibson Papers, vol. viii. f. 111. Copy. 2 Gibson Papers, vol. viii. f. 112. Copy. No fly-leaf. Indorsed, "A copy of yor Lp's letter to D. of Buck. Octo. 21. Sent by Portington." my Lord of Suffolk's submission, it was now; and that if my Lord of Suffolk should come into the court and openly acknowledge his delinquency, he thought it was a thing considerable. My answer was, I would not meddle in it; and if I did, it must be to dissuade any such course; for that all would be but a play upon the stage, if justice went not on in the right course. This I thought it my duty to let the King know by your Lordship. I cannot express the care I have had of this cause in a number of circumstances and discretions, which though they may seem but small matters, yet they do the business, and guide it right. God ever keep your Lordship. Your Lordship's most obliged friend FR. VERULAM, Canc. 21 October, 1619. TO THE MARQUIS OF BUCKINGHAM.1 My very good Lord, 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 dispatch 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 inclosed, 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 1 Stephens's first collection, p. 243, from the original. Second collection, p. 99. There is a copy by one of Bacon's men among the Gibson Papers (vol. viii. f. 241), but part of the leaf is torn off. The fly-leaf also is gone, but it is indorsed "To Buck. enclosing Ld. Suffolk's letter of submission to his M. grace and mercy." 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 una voce assented. I would not so much as ask the question, whether, though we proceeded, I should send the letter to his Majesty, because I would not straiten his Majesty in anything. The evidence went well, (I will not say I sometime holp 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 dispatch it before the King come, if we can. God preserve and prosper you. I ever rest Your Lordship's most obliged friend FR. VERULAM, Canc. This 22th of October, Friday at 4 of the clock, 1619. TO THE LORD CHANCELLOR.1 My honourable Lord, I have received your letters by both your servants, and have acquainted his Majesty with them, who is exceedingly pleased with the course you have held in the Earl of Suffolk's business, and holdeth himself so much the more beholding to you, because you sent the letter of your own motion without order or consent of the Lords, whereby his Majesty is not tied to an answer. His Majesty hath understood by many how worthily your Lordship hath carried yourself both in this and the Dutch business, for which he hath commanded me to give you thanks in his name, and seeth your care to be so great in all things that concern his service, that he cannot but much rejoice in the trust of such a servant, which is no less comfort to Your Lordship's faithful friend and servant, Royston, the 23 of October. 1 Harl. MSS. 7006. Orig. Docketed by Meautys, "Oct. 23, 1619. My Lo. of Buck. to your Lp. enclosing a letter of submission from my Lo. of Suffolk." There seems here to be some mistake, unless Buckingham returned in this letter the submission which Bacon had sent the day before; if not, Meautys must have meant to write "in answer to your Lp's letter, enclosing," etc. |