Puslapio vaizdai
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But calling to mind that the main business, notwithstanding I and the chief justices went one way, yet the day was not good, and I should be loth to see more of such days, I am not without some apprehension. For though we have Sir Edward Coke earnest and forward, insomuch as he advised the ore tenus, before I knew it at Wanstead, and now bound the Dutchmen over to the star-chamber, before I was made privy; unto both which proceedings I did nevertheless give approbation: yet if there should be either the major part of the votes the other 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 might 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 and faithful servant,

Oct. 9, 1619.

FR. VERULAM, Canc.

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 would do hurt and disadvantage to the main.

Stephens's second col

lection, p. 99.

Ibid.

CCXXII. To the Lord Chancellor.

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 hath no other part but delivering of your 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.

Your lordship's faithful friend and servant,

14 Oct. 1619.

G. BUCKINGHAM.

This Letter was Indorsed,

Thanks on the success of the ore tenus against the Dutch.

CCXXIII. To the Marquis of BUCKINGHAM.

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 Of Lenox. with the duke, he delivered his 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 the extent of my lord's submission, we were first to consider the extent of our own duty and power; for that I conceive 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 any thing.

The evidence went well, I will not say I sometime
holp it, as far as was fit for a judge, and at the rising
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 re-
gard 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 dis-
patch it before the king come, if we can.
God pre-
serve and prosper you. I ever rest

Your lordship's most obliged friend
and faithful servant,

FR. VERULAM, Canc.

This 22 October, Friday at

4 of the clock, 1619.

CCXXIV. To the Lord Chancellor.

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 beholden 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

Stephens's second col

lection, p. 101.

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, 23 Oct. 1619.

Indorsed thus,

G. BUCKINGHAM.

On my lord of Bucks inclosing a letter of submission lord of Suffolk.

from my

Stephens's CCXXV. To the Marquis of BUCKINGHAM.

second col

lection,

p. 102.

My very good Lord,

Sir

My lord of Suffolk's cause is this day sentenced. My lord and his lady fined together at 30,000/. with imprisonment in the Tower at their own charge. Bingley at 2000l. and committed to the fleet. Edward Coke did his part, I have not heard him do better, and began with a fine of 100,000l. but the judges first, and most of the rest, reduced it as before. I do not dislike that things passed moderately; and, all things considered, it is not amiss, and might easily have been worse.

There was much speaking of interceding for the king's mercy which, in my opinion, was not so proper for a sentence. I said in conclusion, that mercy was to come ex mero motu, and so left it: I took some other occasion pertinent to do the king honour, by shewing how happy he was in all other parts of his government, save only in the manage of his treasure by his officers.

I have sent the king a new bill for Sussex; for my lord of Nottingham's certificate was true, and I told the judges of it before; but they neglected it. I conceive the first man, which is newly set down, is the fittest. God ever preserve and prosper you.

Your lordship's most obliged friend

Nov. 13, 1619.

and faithful servant,

FR. VERULAM, Canc

CCXXVI. To the Marquis of BUCKINGHAM. Stephens's

My very good Lord,

I Do not love to interlope by writing in the midst of business: but because his majesty commanded me to acquaint him with any occurrence which might cross the way, I have thought fit to let his majesty know what hath passed this day.

This day, which was the day set down, the great cause of the Dutchmen was entered into. The pleading being opened, and the case stated by the counsel; the counsel of the defendants made a motion to have certain examinations taken concerning the old defendants suppressed, because they were taken since the last hearing.

I set the business in a good way, and shewed they were but supplemental, and that at the last hearing there were some things extrajudicial alleged ad infimandum conscientiam judicis, and therefore there was more reason these should be used ad informandum conscientiam judicis, and that there was order for it. The order was read, and approved both by the court, and the defendants own counsel; but it was alleged that the order was not entered time enough, whereby the defendants might likewise examine: wherein certainly there was some slip or forgetfulness in Mr. Attorney or Brittain that followed it, which I wish had been otherwise yet it went fair out of the court.

But after dinner my lords were troubled about it, and after much dispute we have agreed to confer silently and sine strepitu to-morrow, and set all straight, calling the judges, and the learned counsel with whom I have spoken this evening, I think to good purpose. For in good faith, I am fain to be omnibus omnia, as St. Paul saith, to set forward his majesty's service.

I discern a kind of inclination to take hold of all accidents to put off the cause, whereunto neither I shall give way, nor I hope his majesty; to-morrow, if

second col-
lection, p.

103.

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