critic, that I do perhaps indormiscere, or where I do indulgere genio; or where, in fine, I give any manner of disadvantage to myself. This, super totam materiam, you must not fail to note: besides, all such words and phrases as you cannot like; for you know in how high account I have your judgment.

CXCVII.

TO THE MARQUIS OF BUCKINGHAM1.

MY VERY GOOD LORD,

I THOUGHT fit by this my private letter to your lordship, to give you an account of such business as your lordship hath recommended unto me, that you may perceive that I have taken that care of them I ought, and ever shall in those you recommend or remit to me.

For the suit of the alehouses which concerneth your brother Mr. Christopher Villiers, and Mr. Patrick Mawl, I have conferred with my lord chief justice, and Mr. Solicitor thereupon, and there is a scruple in it that it should be one of the grievances put down in parliament ; which if it be, I may not in my duty and love to you advise you to deal in it; if it be not, I will mold it in the best manner and help it forward. The stay is upon the search of the clerk of the parliament, who is out of town; but we have already found, that the last grievance in septimo, is not the same with this suit; but we doubt yet of another in tertio.

For the business of Mr. Leviston, for your lordship's sake, who I perceive keeps your noble course with me, in acquainting me with these things, I shall apply myself unto you; though in my nature I do desire that those that serve in the court where I sit, though they be not in places of my gift, and so concerns not me nor my place in profit; yet I wish, I say, I might leave them in as good case as I find them. And this suit concerneth the main profit of the six clerks; who though they be of the master of the rolls his gift, yet they serve in my court. But my greatest doubt is, that the grant

1 Stephens's Second Collection, p. 73.

cannot be good in law; and that it is not like those other precedents, whereof I have received a note. For the difference is, where things have been written by all the clerks indifferently and loosely, in which case the king may draw them into an office; and where they have appertained to one especial office; in which case the king can no more take away the profits of a man's office, than he can the profits of his land. Therefore I think your lordship may do well to write to Mr. Solicitor and serjeant Finch 2, or some other lawyers that you trust, or such as Mr. Leviston trusteth, being persons of account, to inform you of the point in law, before you proceed any farther: for without that all is in vain.

1

For the business of Hawkins, touching the register for the commission of bankrupts; I am not yet satisfied likewise for the law, nor for the conveniency; but I rather incline to think it may pass; and I have set it in a course by which it may be throughly informed.

For Sir Rowland Egerton's cause, and his lady's, the parties have submitted themselves unto me, and are content to do it by bond, and therefore I will undoubtedly make an end of it according to justice and conscience.

For Sir Gilbert Houghton's business, I am in very good hope to effect your lordship's desire for his good.

For Moor's business, concerning the printing of books, after hearing all parties, I have sealed his patent; but for his former patent of salt, I dare not do it, without acquainting the council therewith, which I am ready to do, if he require that course to be taken.

If his majesty at any time ask touching the lord Clif

Sir Thomas Coventry.

2 Sir Henry Finch, serjeant at law, being the first of his name that made a considerable figure in that profession, I shall give a short account of him. He was younger brother to Sir Moyle Finch, of Eastwel in the county of Kent, and father of John, lord Finch, keeper of the great seal in the reign of king Charles I. He died in 1625, leaving to posterity a sufficient testimony of his learning in the law, as well as the sciences, in his book intitled, "A Description of the Common Laws of England according to the rules of art, etc." His son's good parts and elocution were acknowledged by the greatest of his enemies; which accomplishments, though he died without issue, have eminently appeared in some other descendents from his honourable family. Stephens.

ton's business, I pray your lordship represent to his majesty thus much: that whatsoever hath passed, I thank God I neither fear nor hate him; but I am wonderful careful of the seats of justice, that they may still be well munited, being principal sinews of his majesty's authority. Therefore the course will be, as I am advised, that for this hainous misprision, that the party, without all colour or shadow of cause, should threaten the life of his judge, and of the highest judge of the kingdom next his majesty, he be first examined, and if he confess it, then an ore tenus; if he confess it not, then an information in the star-chamber, and he to remain where he is till the hearing. But I do purposely forbear yet to have him examined, till the decree or agreement between him and my lord Aubigny, which is now ready, be perfected, lest it should seem an oppression, by the terror of the one, to beat him down in the other. Thus I ever rest

Your lordship's true friend and devoted servant,

York-house, Jan. 25, 1617.

FR. BACON, CANC.

I pray your lordship to pardon me, if in respect of a little watering in one of mine eyes, I have written this letter, being long and private business, in my secretary's hand.

CXCVIII.

TO THE LORD CHANCELLOR'.

MY HONOURABLE LORD,

I HAVE received your lordship's letters, wherein I see the continuance of your love and respect to me, in any thing I write you of, for which I give your lordship many thanks, desiring nothing for any man but what you shall find just and convenient to pass. I am very glad to understand that there is so good hope of Sir Gilbert Houghton's business, which I must needs ascribe to your lordship's great favour toward him for my sake, which I will ever acknowledge. If his majesty at any time

1 Stephens's Second Collection, p. 75.

speak of the lord Clifton's business, I will answer according to that your lordship hath written, etc.

Your lordship's faithful servant,

G. BUCKINGHAM.

Newmarket, the last of Jan. 1617.

CXCIX. TO THE KING1.

IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY,

FINDING as well by your majesty's dispatches and directions to your council, as now by speech with Mr. Secretary Lake, that your majesty is content to be troubled with business of sundry natures; I thought good, according to the duty of my place, and the necessity of the occasion, to put your majesty in mind, that on this day seven-night, being Friday in the morning, I am, according to custom, to give a charge and admonition to the judges and justices of peace now before the circuits, wherein I am humbly to crave your majesty's pleasure and directions.

I have for your majesty's better ease set down the heads, which by the prescript of your book, and out of the consideration of the present times, I have thought fittest to be remembered. I have also sent your majesty the last account of the judges circuits, not to trouble you with the reading of them all; but to the end that if upon my memorial, or otherwise out of your majesty's own memory, which is above memorials, you should have occasion to resort to those accounts, the papers may be by you.

The point of greatest weight, in my opinion, is the carrying of a balanced hand at this time in the matter of recusants, in regard of the treaty with Spain. For it were good, in respect of your people, that there were no note made, that the string is relaxed, and in respect of the treaty, that it is not strained; and therefore that the proceeding in those causes be rather diligent than

severe.

'Stephens's Second Collection, p. 76.

I am wonderful glad to hear that this extremity of weather, which I think the Muscovite hath brought with him, hath not touched your majesty, whose health and ease is far dearer to me than my life with all the appurtenances. God ever preserve and prosper you.

Your majesty's most faithful and most obliged servant,

Friday morning, Feb. 6, 1617.

FR. BACON, CANC.

Your majesty will be pleased your answer be with me on Thursday at noon, or soon after.

CC. TO THE LORD CHANCELLOR 1.

MY HONOURABLE LORD,

I HAVE acquainted his majesty with your letter to me, and delivered likewise to him the letter and other things directed to his majesty, who hath commanded me to return this answer to them all.

First, For your memorial of your charge to the judges, he liketh it so well, that he findeth nothing either to be added or diminished, and was so well satisfied therewith, that he accounteth it needless to read the other papers, but sealed them up again, and sendeth them back to your lordship without reading them. Only in the point of recusants his majesty is of the quite contrary opinion to you; for though he would not by any means have a more severe course held, than his laws appoint in that case, yet sith the many reasons why, there should be no mitigation above that which his laws have enacted, and his own conscience telleth him to be fit. As first, the papists in his kingdom have taken such heart upon the commission given to Sir John Digby touching the match with Spain, that they have sent copies thereof privatelyup and down, and are so lifted up in their hopes of what they desire, that his majesty cannot but take a more severe course, as far as by his laws he may, than hitherto he hath done. Besides, when they shall see a harder

1 Stephens's Second Collection, p. 77.