Sidebilder
PDF
ePub

cerneth the Bishop of Lincoln; and that of the habeas corpus, which concerneth the Chancery.

These causes, although I gave them private additions, yet, they are merely, or at least chiefly, yours; and the die runneth upon your royal prerogative's diminution, or entire conservation. Of these it is my duty to give your majesty a short

account.

For that of the rege inconsulto, I argued the same in the King's Bench on Thursday last. There argued on the other part Mr. George Crook, the judge's brother, an able bookman, and one that was manned forth with all the furniture that the bar could give him, I will not say the bench, and with the study of a long vacation. I was to answer, which hath a mixture of the sudden; and of myself I will not, nor cannot say any thing, but that my voice served me well for two hours and a half; and that those that understood nothing could tell me that I lost not one auditor that was present in the beginning, but stayed till the later end. If I should say more, there were too many witnesses, for I never saw the court more full, that might disprove me.

of fourteen several patents, part in Queen Elizabeth's time, some in your majesty's time, which depend upon the like question; but chiefly because this writ is a mean provided by the ancient law of England, to bring any case that may concern your majesty, in profit or power, from the ordinary benches, to be tried and judged before your Chancellor of England, by the ordinary and legal part of his power and your majesty knoweth your chancellor is ever a principal counsellor, and instrument of monarchy, of immediate dependence upon the king: and, therefore, like to be a safe and tender guardian of the royal rights.

For the case of the commendams, a matter likewise of great consequence, though nothing near the first, this day I was prepared to have argued it before all the judges; but, by reason of the sickness of the sergeant which was provided to argue on the other side, although I pressed to have had some other day appointed this term; yet it pleased divers of the judges to do me the honour, as to say it was not fit any should argue against me, upon so small time of warning, it is adjourned to the first Saturday next term.

For the matter of the habeas corpus, I perceive this common employment of my lord chancellor, and my lord chief justice, in these examinations, is such a vinculum, as they will not square while these matters are in hand, so that there is altum silentium of that matter. God ever preserve your majesty.

My Lord Coke was pleased to say, that it was a famous argument; but withal, he asked me a politic and tempting question: for, taking occasion by a notable precedent I had cited, where, upon the like writ brought, all the judges in England assembled, and that privately, lest they should seem to dispute the king's commandment, and, upon conference, with one mind agreed, that the writ must be obeyed. Upon this hold, my lord asked me, whether I would have all the rest of the judges called to it. I was not caught; but knowing well that the judges of the Common Pleas were most of all others interested in respect of the prothonotaries, I answered, civilly, that I could advise of it; but that I did not distrust the court; and, besides, I thought the case so clear, TO SIR GEORGE VILLIERS, ON SENDING HIS BILL as it needed not.

Your majesty's most humble
and bounden subject and servant,
FR. BACON.

January 27, 1615.

FOR VISCOUNT.*

termed a question only. But he is an idle body that thinks his majesty asks an idle question; and therefore his majesty's questions are to be answered by taking away the cause of the question, and not by replying.

Sir, I do perceive, that I have not only stopped, SIR-I send you the bill for his majesty's sigbut almost turned the stream; and I see how nature, reformed according to his majesty's things cool by this, that the judges that were amendments, both in the two places, which, I wont to call so hotly upon the business, when assure you, were both altered with great judg they had heard, of themselves, took a fortnightment, and in the third place, which his majesty day to advise what they will do, by which time the term will be near at an end; and I know they little expected to have the matter so beaten down with book-law, upon which my argument wholly went; so that every mean student was satisfied. Yet, because the times are as they are, I could wish, in all humbleness, that your majesty would remember and renew your former commandment which you gave my lord chief justice in Michaelmas term, which was, that after he had heard your attorney, which is now done, he should forbear further proceeding till he had spoke with your majesty.

It concerneth your majesty threefold. First, in this particular of Murray; next, in consequence

For the name, his majesty's will is law in those things; and to speak truth, it is a well sounding and noble name, both here and abroad; and being your proper name, I will take it for a good sign that you shall give honour to your dignity, and not your dignity to you. Therefore I have made it Viscount Villiers: and for your barony, I will keep it for an earldom; for,

* Stephens's second Collection, p. 10.

though the other had been more orderly, yet that faction of justice, and example to others: we is as usual, and both alike good in law. being always graciously inclined to temper mercy with justice, and calling to mind his former good

spent his time since his trouble, are pleased to remove from him that blot of ignominy which yet remaineth upon him, of incapacity and disablement; and to remit to him all penalties whatsoever inflicted by that sentence. Having therefore formerly pardoned his fine, and released his confinement, these are to will and require you to prepare, for our signature, a bill containing a pardon, in due form of law, of the whole sentence; for which this shall be your sufficient warrant.

For Roper's place,* I would have it by all means despatched; and therefore I marvel it lin-services, and how well and profitably he hath gereth. It were no good manners to take the business out of my lord treasurer's hands; and therefore I purpose to write to his lordship, if I hear not from him first by Mr. Deccomb. But if I hear of any delay, you will give me leave, especially since the king named me, to deal with Sir John Roper myself; for neither I nor my lord treasurer can deserve any great thanks of you in this business, considering the king hath spoken to Sir John Roper, and he hath promised; and, besides, the thing itself is so reasonable as it ought to be as soon done as said. I am now gotten into the country to my house, where I have some little liberty to think of that I would think of, and not of that which other men hourly break my head withal, as it was at London. Upon this you may conclude, that most of my thoughts are of his majesty; and then you cannot be far off. God ever keep you, and prosper you. I rest always

Your true and most devoted servant,
FR. BACON.

Aug. 5, one of the happiest days, 1616.

BY KING JAMES.†

MR. FRANCIS BACON TO THE EARL OF ESSEX.* MY LORD,-I did almost conjecture, by your silence and countenance, a distaste in the course I imparted to your lordship touching mine own fortune; the care whereof in your lordship as it is no news to me, so, nevertheless, the main effects and demonstrations past are so far from dulling in me the sense of any new, as, contrariwise, every new refresheth the memory of many past. And for the free and loving advice your lordship hath given me, I cannot correspond to the same with greater duty, than by assuring your lordship, that I will not dispose of myself without your allow

TO OUR TRUSTY AND WELL BELOVED THOMAS co-ance, not only because it is the best wisdom in

VENTRY, OUR ATTORNEY-General.

Trusty and well beloved, we greet you well: Whereas, our right trusty and right well beloved cousin, the Viscount of St. Alban, upon a sentence given in the Upper House of Parliament full three years since, and more, hath endured loss of his place, imprisonment, and confinement also for a great time, which may suffice for the satis

* Sir John Roper, who had for many years enjoyed the place of the chief clerk for enrolling of pleas in the court of King's Bench, esteemed to be worth about four thousand pounds per annum, being grown old, was prevailed with to surrender it upon being created Lord Teynham, with a reservation of the profits thereof to himself during life. Upon which surrender, Sir George Villiers was to have the office granted to two of his trustees for their lives, as Carr, Earl of Somerset, was to have had before. But the Lord Chief Justice Coke not being very forward to accept of the surrender, or make a new grant of it upon those terms, he was, upon the 3d of October, 1616, commanded to desist from the service of this place, and at last removed from it upon the 15th of November following. His successor, Sir Henry Montagu,

third son of Sir Edward Montagu, of Boughton in Northamptonshire, recorder of London, and king's sergeant, being more complaisant, Sir John Roper resigned, towards the latter end of the same month; and Mr. Shute, and Mr. Heath, who was afterwards the king's solicitor-general, being the

deputies and trustees of Sir George Villiers, were admitted.Stephens's Introduct. p. 37.

+ Cabala, 270. Edw. 1663.

His sentence forbid his coming within the verge of the court. [In consequence of this letter, my Lord Bacon was summoned to Parliament in the first year of King Charles.]

any man in his own matters, to rest in the wis-
dom of a friend, (for who can by often looking in
favour as another with whom he converseth?)
the glass discern and judge so well of his own
but also because my affection to your lordship
hath made mine own contentment inseparable
know it will be pleasing to your good lordship
from your satisfaction. But, notwithstanding, I
that I use my liberty of replying; and I do
almost assure myself, that your lordship will rest
persuaded by the answer of those reasons which
your lordship vouchsafed to open. They were
two, the one, that I should include
April, 1593.

*

The rest of the letter is wanting.

*

THE EARL OF ESSEX TO MR. FRANCIS BACON.†

MR. BACON,-Your letter met me here yesterday. When I came, I found the queen so wayward, as I thought it no fit time to deal with her in any sort, especially since her choler grew towards myself, which I have well satisfied this day, and will take the first opportunity I can to

* Among the papers of Antony Bacon, Esq., vol. iii. fol. 74, in the Lambeth Library.

+Ibid. fol. 197.

move your suit. And if you come hither, I pray | And thus, desirous to be recommended to my you let me know still where you are. And so, good aunt, to whom my wife heartily commends being full of business, I must end, wishing you her, I leave you to the protection of Almighty what you wish to yourself. God.

[blocks in formation]

NEPHEW, I have no leisure to write much; but for answer I have attempted to place you: but her majesty hath required the lord keeper to give to her the names of divers lawyers to be preferred, wherewith he made me acquainted, and I did name you as a meet man, whom his lordship allowed in way of friendship, for your father's sake: but he made scruple to equal you with certain, whom he named, as Brograve and Branthwayt, whom he specially commendeth. But I will continue the remembrance of you to her majesty, and implore my Lord of Essex's help.

Sept. 27, 1593.

Your loving uncle,
N. BURGHLEY.

SIR ROBERT CECIL TO MR. FRANCIS BACON.

MR. FRANCIS BACON TO THE QUEEN.*

MADAM,-Remembering that your majesty had been gracious to me both in countenancing me, and conferring upon me the reversion of a good place, and perceiving that your majesty had taken some displeasure towards me, both these were arguments to move me to offer unto your majesty my service, to the end to have means to deserve your favour, and to repair my error. Upon this ground, I affected myself to no great matter, but only a place of my profession, such as I do see divers younger in proceeding to myself, and men of no great note, do without blame aspire unto. But if any of my friends do press this matter, I do assure your majesty my spirit is not with them.

It sufficeth me that I have let your majesty know that I am ready to do that for the service, COUSIN,-Assure yourself that the solicitor's which I never would do for mine own gain. And coming gave no cause of speech; for it was con- if your majesty like others better, I shall, with cerning a book to be drawn, concerning the bar- the Lacedemonian, be glad that there is such gain of wines. If there had been, you should choice of abler men than myself. Your majesty's have known, or when there shall. To satisfy favour indeed, and access to your royal person, I your request of making my lord know, how did ever, encouraged by your own speeches, seek recommended your desires are to me, I have and desire; and I would be very glad to be reinspoken with his lordship, who answereth he hath tegrate in that. But I will not wrong mine own done and will do his best. I think your absence good mind so much as to stand upon that now, longer than for my good aunt's comfort will do when your majesty may conceive I do it but to you no good: for, as I ever told you, it is not make my profit of it. But my mind turneth upon likely to find the queen apt to give an office, when other wheels than those of profit. The conclusion the scruple is not removed of her forbearance to shall be, that I wish your majesty served answerspeak with you. This being not yet perfected able to yourself. Principis est virtus maxima may stop good, when the hour comes of conclu-nosse suos. Thus I most humbly crave pardon God preserve

sion, though it be but a trifle, and questionless of my boldness and plainness.
would be straight despatched, if it were luckily your majesty.
handled. But herein do I, out of my desire to
satisfy you, use this my opinion, leaving you to
your own better knowledge what hath been done
for you, or in what terms that matter standeth.
*Among the papers of Antony Bacon, Esq., vol. iii. fol.
197, in the Lambeth Library.

+ Puckering.

John Brograve, attorney of the duchy of Lancaster, and afterwards knighted. He is mentioned by Mr. Francis Bacon,

in his letter to the lord treasurer of the 7th of June, 1595, from Gray's Inn, as having discharged his post of attorney of the duchy, with great sufficiency. There is extant, of his, in print, a reading upon the statute of 27 Henry VIII., concerning jointures.

Among the papers of Antony Bacon, Esq., vol. iii. fol. 197, verso, in the Lambeth Library.

|| Mr. Edward Coke.

MR. FRANCIS BACON TO ROBERT KEMP, OF
GRAY'S INN, ESQ.†

GOOD ROBIN,-There is no news you can write to me, which I take more pleasure to hear, than of your health, and of your loving remembrance of me; the former whereof though you mention not in your letter, yet I straight presumed well of it, because your mention was so fresh to make such a flourish. And it was afterwards accord *Among the papers of Antony Bacon, Esq., vol. iii. fol. 315, in the Lambeth Library.

Ibid. fol. 281.

VOL. III.-26

Your lordship's, in most faithful duty,

Nov. 10, 1593.

FR. BACON.

I pray, sir, let not my jargon privilege my letter from burning; because it is not such, but the light showeth through.

ingly confirmed by your man, Roger, who made | ship's honourable usage of Mr. Standen, I wish ine a particular relation of the former negotiation you all honour. between your ague and you. Of the latter, though you profess largely, yet I make more doubt, because your coming is turned into a sending; which when I thought would have been repaired by some promise or intention of yourself, your man Roger entered into a very subtle distinction to this purpose, that you could not come except you heard I was attorney; but I ascribe that to your man's invention, who had his reward in laughing; for I hope you are not so stately, but that I shall be one to you stylo vetere or stylo novo. For my fortune, (to speak court,) it is very slow, if any thing can be slow to him that is secure of the event. In short, nothing is done in it; but I propose to remain here at Twickenham till Michaelmas term, then to St. Albans, and after the term to court. Advise you, whether you will play the honest man or no. In the mean time I think long to see you, and pray to be remembered to your father and mother. Yours, in loving affection,

FR. BACON.

From Twickenham Park, this 4th of Nov. 1593.

MR. FRANCIS BACON TO THE EARL OF ESSEX.*

EARL OF ESSEX TO MR. FRANCIS BACON.*

SIR: I have received your letter, and since I have had opportunity to deal freely with the queen. I have dealt confidently with her as a matter, wherein I did more labour to overcome her delays, than that I did fear her denial. I told how much you were thrown down with the correction she had already given you, that she might in that point hold herself already satisfied. And because I found, that Tanfield† had been most propounded to her, I did most disable him. I find the queen very reserved, staying herself upon giving any kind of hope, yet not passionate against you, till I grew passionate for you. Then she said, that none thought you fit for the place but my lord treasurer and myself. Marry, the others must some of them say before us for fear MY LORD:-I thought it not amiss to inform or for flattery. I told her, the most and wisest your lordship of that, which I gather partly by of her council had delivered their opinions, and conjecture, and partly by advertisement of the preferred you before all men for that place. And late recovered man, that is so much at your if it would please her majesty to think, that devotion, of whom I have some cause to think, whatsoever they said contrary to their own words that he worketh for the Huddler‡ underhand. when they spake without witness, might be as And though it may seem strange, considering factiously spoken, as the other way flatteringly, how much it importeth him to join straight with she would not be deceived. Yet if they had been your lordship, in regard both of his enemies and never for you, but contrarily against you, I of his ends; yet I do the less rest secure upon thought my credit, joined with the approbation the conceit, because he is a man likely to trust so and mediation of her greatest counsellors, might much to his art and finesse, (as he, that is an prevail in a greater matter than this; and urged excellent wherryman, who, you know, looketh her, that though she could not signify her mind towards the bridge, when he pulleth towards to others, I might have a secret promise, whereWestminster,) that he will hope to serve his turn, in I should receive great comfort, as in the conand yet to preserve your lordship's good opinion. trary great unkindness. She said she was This I write to the end, that if your lordship do neither persuaded nor would hear of it till see nothing to the contrary, you may assure him Easter, when she might advise with her council, more, or trust him less; and chiefly, that your who were now all absent; and, therefore, in lordship be pleased to sound again, whether they passion bid me go to bed, if I would talk of have not, amongst them drawn out the nail, nothing else. Wherefore in passion I went which your lordship had driven in for the nega-away, saying, while I was with her, I could not tive of the Huddler; which, if they have, it will be necessary for your lordship to iterate more forcibly your former reasons, whereof there is such copia, as I think you may use all the places of .ogic against his placing.

but solicit for the cause and the man I so much affected; and therefore I would retire myself till I might be more graciously heard; and so we parted. To-morrow I will go hence of purpose, and on Thursday I will write an expostulating

Thus, with my humble thanks for your lord- letter to her. That night or upon Friday morn

Among the papers of Antony Bacon, Esq., vol. iii. fol.

983, in the Lambeth Library.

+ Probably Lord Keeper Puckering.

Mr. Edward Coke.

*

Among the papers of Antony Bacon, Esq., vol. iv. fol. 90, in the Lambeth Library.

+ Probably Laurence Tanfield, made lord chief baron of the exchequer in June, 1607.

ing I will be here again, and follow on the same | hath gone so near me, as it hath almost over

[blocks in formation]

THE EARL OF ESSEX TO MR. FRANCIS BACON.*

SIR-I have now spoken with the queen, and I see no stay from obtaining a full resolution of that we desire. But the passion she is in by reason of the tales that have been told her against Nicholas Clifford, with whom she is in such rage, for a matter, which I think you have heard of, doth put her infinitely out of quiet; and her passionate humour is nourished by some foolish women. Else I find nothing to distaste us, for she doth not contradict confidently; which they that know the minds of women, say is a sign of yielding. I will to-morrow take more time to deal with her, and will sweeten her with all the art I have to make benevolum auditorem. I have already spoken with Mr. Vice-Chamberlain,† and will to-morrow speak with the rest. Of Mr. Vice-Chamberlain you may assure yourself; for so much he hath faithfully promised me. The exceptions against the competitors I will use to morrow; for then I do resolve to have a full and large discourse, having prepared the queen tonight to assign me a time under colour of some such business, as I have pretended. In the mean time I must tell you, that I do not respect either my absence, or my showing a discontentment in going away, for I was received at my return, and I think I shall not be the worse. And for that I am oppressed with multitude of letters that are come, of which I must give the queen some account to-morrow morning, I therefore desire to be excused for writing no more to-night: tomorrow you shall hear from me again. I wish you what you wish yourself in this and all things else, and rest

Your most affectionate friend,

This Friday at night.

Endorsed, March 29, 1594.

ESSEX.

thrown my health; for when I revolved the good memory of my father, the near degree of alliance I stand in to my lord treasurer, your lordship's so signalled and declared favour, the honourable testimony of so many counsellors, the commendations unlaboured, and in sort offered by my lords the judges and the master of the rolls elect ;* that I was voiced with great expectation, and, though I say it myself, with the wishes of most men, to the higher place; that I am a man, that the queen hath already done for; and that princes, especially her majesty, love to make an end where they begin; and then add hereunto the obscureness and many exceptions to my competitors: when I say I revolve all this, I cannot but conclude with myself, that no man ever read a more exquisite disgrace; and, therefore, truly, my lord, I was determined, if her majesty reject me, this to do. My nature can take no evil ply; but I will, by God's assistance, with this disgrace of my fortune, and yet with that comfort of the good opinion of so many honourable and worthy persons, retire myself with a couple of men to Cambridge, and there spend my life in my studies and contemplations without looking back. I humbly pray your lordship to pardon me for troubling you with my melancholy. For the matter itself, I commend it to your love; only I pray you communicate afresh this day with my lord treasurer and Sir Robert Cecil; and if you esteem my fortune, remember the point of precedency. The objections to my competitors your lordship knoweth partly. I pray spare them not, not over the queen, but to the great ones, to show your confidence, and to work their distrust. Thus, longing exceedingly to exchange troubling your lordship with serving you, I rest

Your lordship's,

in most entire and faithful service, FRANCIS BACON.

March 30, 1594.

I humbly pray your lordship I may hear from you some time this day.

[blocks in formation]
[blocks in formation]
« ForrigeFortsett »