But this was not all. If Dr. Steward's story was true, Bacon had relied too much upon the Masters' certificate, and in refusing to hear what he had to say against it was in danger of committing an act of injustice and exposing himself to a just complaint. And it was probably under this impression that Buckingham, having to write to him on other matters the next day, took occasion to recur to the subject in the remarkable terms which will be found in the concluding paragraph of the next letter. (The first paragraph refers to Bacon's proposal to put Sir H. Montagu on the Treasury Commission, by way of supplying Coke's place during his illness, see above, p. 378.) TO THE LORD CHANCELLOR.' My honourable Lord, That which his M. commanded me to write touching the Lo. Chief Justice was not a refusal of that which you recommended to his consideration, who his M. well knoweth bave no other end but his service; only his M. thought Sir Edward Cooke might apprehend some disgrace unto him therein, though it were never intended. His M. liketh very well the course y1 Lp taketh about the instructions for the wards wh he commanded me lately to send unto you. I have written a letter unto your Lordship, which will be delivered unto you in behalf of Dr. Steward; and besides have thought fit to use all freedom with you in that as in other things. And therefore have thought fit to tell you, that he being a man of very good reputation, and a stout man that will not yield to any thing wherein he conceiveth any hard course against him, I should be sorry he should make any complaint against you. And therefore if you can advise of any course how you may be eased of that burden and freed from his complaint, without shew of any fear of him or any thing he can say, I will be ready to join with you for the accomplishment thereof: And so desiring you to excuse the long stay of your man, I rest Your lordship's faithful friend and servant, From Newmarket, the 3 of December, 1618. G. BUCKINGHAM. This letter had the effect of inducing Bacon to look up the history of the case, and after a week's interval he replied that he would see Dr. Steward, and "what was possible should be done." What he found possible, will appear by the following order, made on the 22nd of February, 1618-9:: Harl. MSS. 7006. f. 112. original. Docketed, "3 Decemb. 1618. My Lord Marq. Buck to yr Lp." "Whereas heretofore upon the report of two of the Masters of this Court, without having heard any witness or public hearing in the cause in Court, it was ordered and decreed that the defendants should pay the plaintiff the sum of 1499 4; 600 whereof was for the interest or consideration of the sum of 800 bequeathed to the plaintiff by his father's will, as by the said report expressly it doth appear, which sum of 6001 or any part thereof the defendants have utterly denied to be any ways due unto the plaintiff either by law or equity, as they hope they can shew if they may be permitted thereunto: This day both parties and their solicitor personally appeared before the honble the Lord Chancellor, and the defendants freely acknowledged that there was due unto the plaintiff the aforesaid sum of 800" and 100 more proceeding of the rents of certain lands bequeathed to the plaintiff by his father's will, which sum of 100 the defendants were always ready and offered and do still offer to pay, and would have been rid therefrom many years since, if they could have been discharged thereof. But as concerning the 600 allotted by the said report to the plaintiff for the interest or consideration of the said 8004, they still utterly deny that they ought to pay the same or any part thereof either by law or equity, as they hope they may make manifest. Upon consideration whereof, and for that it was signified unto his Lordship that it was doubted whether the said Thomas the plaintiff, by reason of some infirmity in him, were in case to discharge the defendants of the said 900 if it should be paid unto him, it is therefore ordered by his Lordship with the consent of the said parties that the said defendants shall within one fortnight bring into this Court the said 900 to be kept in deposito to the use of the said Thomas Steward the plaintiff, and that thereupon all proceedings upon the said decree shall cease." As for the 600" denied by the defendants, a commission to be awarded to three indifferent persons chosen by the defendants and plaintiff, to examine the point. Mr. Gardiner informs me that he can find no trace of any report of the arbitrators, but that on the 26th of June, 1619, the lawyers were heard, and Dr. Steward was told that if he did not show cause against it the 900li would be paid to the plaintiff; from which he infers that either the report was in his favour or the demand withdrawn. Upon the whole it appears that Bacon had been too hasty in accepting the report of his officers and refusing to hear Dr. Steward; and that though Buckingham's intervention must be admitted to have been in this instance effectual, its effect was only to discover an error and prevent an injustice. Nor can it be said that this was only a lucky accident, and that it might as easily have had an opposite effect; for if Bacon had found on enquiry that he was in the right, there is no reason to suppose that he would have allowed any alteration. The next letter relates, I think, to the new instructions for the Court of Wards. TO THE MARQUIS OF BUCKINGHAM.1 My very good Lord, This long book which I send for his Majesty's signature, was upon a conference and consult yesternight (at which time I was assisted by the two Chief Justices, and attended by the Surveyor, Attorney, and Receiver of the Court of Wards, Fleetwood) framed and allowed. It is long, because we all thought fit not to piece new instructions with old instructions, but to reduce both old and new into one body of instructions. I do not see that of the articles, which are many, any could have been spared. They are plain, but they have a good property, that they will take fast hold. I may not trouble his Majesty with choosing some of them in particular, when all are good. Only I think fit to let his Majesty know of one, which is, that according to his own directions, the oath of making no private unlawful profit is now as well translated to the master and officers that may take, as to the parties and suitors that may give. It little becometh me to possess his Majesty that this will be to his Majesty's benefit ten thousands yearly, or fifteen thousands, or twenty thousands: for these rattles are fitter for mountebanks of service than grave councillors. But my advices (as far as I am able to discern) tend or extend but to thus much : this is his Majesty's surest and easiest way for his most good. Sir Miles Fleetwood, who both now and heretofore hath done very good service in this, meriteth to be particularly from your Lordship encouraged; which I beseech your Lordship not to forget. God ever prosper you. Your Lordship's most faithful This 4th of December, 1618. 1 Stephens's first collection, p. 237. From the original. Second collection, Sir Thomas Ridgway, Deputy Treasurer and Treasurer of the Wars in Ireland, had been discharged of his offices in June 1617, and succeeded by Sir Arthur Savage in the first and Sir Henry Docwra in the last. Among the news of July 1617, Lord Carew informs Sir Thomas Roe that Sir Thomas will be made a Baron of Ireland “if he can pass his accounts."1 These therefore were no doubt the accounts referred to in the beginning of the next letter. TO THE MARQUIS OF BUCKINGHAM.2 My very good Lord, Yesternight we dispatched the Lord Ridgeway's account. Good service is done. Seven or eight thousand pounds are coming to the King, and a good precedent set for accounts. There came to the seal about a fortnight since a strange book passed by Mr. Attorney to one Mr. Hall; and it is to make subjects (for so is denization,) and this to go to a private use, till some thousand pounds be made of it. The number one hundred denizens. And whereas all books of that nature had an exception of merchants (which importeth the King not much in his customs only, for that is provided for in the book, but many other ways) this takes in merchants and all. I acquainted the Commissioners with it, and by one consent it is stayed. But let me counsel his Majesty to grant forth a commission of this nature, so to raise money for himself, being a flower of the crown, and Hall may be rewarded out of it; and it would be to principal persons, that it may be carried with election and discretion, whom to admit to denization and whom not. God ever bless and prosper you. Your Lordship's most faithful, and obliged friend and servant, FR. VERULAM, Canc. Octo. Dec. 1618. TO THE LORD CHANCELLOR.3 My honourable Lord, I thank your Lordship for the favour which I understand Sir Francis 1 Calendar of State Papers, p. 426. 2 Gibson Papers, vol. viii. f. 101. Copy. No fly leaf. Indorsed in the usual hand, "To Lo. Buckingham concerning Hall's patent of Denizens." 3 Harl. MSS. 7006. f. 114. Docketed, 10 Dec. 1618. My Lord Marq. Bucking to y' Lp. in behalf of Sir Francis Englefield." Englefyld hath received from your Lordship upon my last letter, whereunto I desire your Lordship to add this one favour more, (which is the same that I understand your Lordship granted him at Christmas last) to give him liberty for the space of a fortnight to follow his business in his own person; whereby he may bring it to the more speedy end, putting in security (according to the ordinary course) to render himself prisoner again as soon as that time is expired: which is all that I desire for him, and in which I will acknowledge your Lordship's favour towards him: and ever rest Your lordship's faithful friend and servant, Newmarket, the 10 of Decemb. 1618. 12. G. BUCKINGHAM. Lord Ormonde, it will be remembered, having agreed to refer a question of disputed inheritance to the King, and having refused to obey the award, remained a prisoner in England. It seems that his son and some of his kinsmen, being in possession in Ireland, had been making preparations for forcible resistance, and that the Commissioners had drawn up a letter to the Lord Deputy with instructions how to act which they now sent to the King for approval; whose answer will be found in Buckingham's letter of the 14th. : The account of the Mint business promised by Bacon in his letter of the 22nd of November has not been preserved. But a letter on the subject addressed to himself by the King (which was probably the answer to it) has been copied into his own collection of letters, and will show how that business stood on the 4th of December. A LETTER FROM HIS MAJESTY TO YOUR LORDSHIP, TOUCHING THE BUSINESS OF THE MINT. 2 Right trusty and right beloved Counsellor, we greet you well. Before your letters came to us, we had been informed of the pains and diligence you had shewed in our service, which we take very graciously at your hands, and thank you for it, desiring you still to continue in the course whereinto you have made so good an entrance, and have taken the right way of examining the business. And whereas you give your opinion of the Mint, we have thought fit to remember unto you the usual form which we have ever used in matters of consequence, that when you have taken the laborious part upon you in examination of the business, we first hear report of the whole proceeding, before we give our resolution thereupon. And, therefore, until we hear the report of it in particular, we See above, p. 376. |