The sub-committees for the several branches of treasure are well chosen and charged. This matter of the king's estate for means is like a quarry, which digs and works hard; but then, when I consider it buildeth, I think no pains too much; and after term it shall be my chief care. For the mint, by my next I will give account; for our day is Wednesday. God ever preserve and prosper you. November 22, 1618. Your Lordship's Indorsed, FR. VERULAM, Canc. Of council-business. TO THE LORD CHANCELLOR *. MY HONOURAble lord, I HAVING understood by Dr. Steward, that your lordship hath made a decree against him in the chancery, which he thinks very hard for him to perform; although I know it is unusual to your lordship to make any alterations, when things are so far past yet in regard I owe him a good turn, which I know not how to perform but this way, I desire your lordship, if there be any place left for mitigation, your lordship would shew him what favour *Harl. MSS. Vol. 7006. you may, for my sake, in his desires, which I shall be ready to acknowledge as a great courtesy done unto myself; and will ever rest Your Lordship's faithful friend and servant, Newmarket, the 2d Decemb. 1618. NOTES OF A SPEECH OF THE LORD CHANCELLOR IN THE STAR-CHAMBER, IN THE CAUSE OF SIR HENRY YELVERTON, ATTORNEY-GENERAL *. SORRY for the person, being a gentleman that I lived with in Gray's-Inn; served with him when I was attorney; joined with him in many services, and one, that ever gave me more attributes in public, than I deserved; and, besides, a man of very good parts, which with me is friendship at first sight; much more, joined with so ancient an acquaint ance. But, as a judge, I hold the offence very great, and that without pressing measure; upon which I will only make a few observations, and so leave it. 1. First I observe the danger and consequence *He was prosecuted in the Star-Chamber, for having passed certain clauses in a charter, lately granted to the city of London, not agreeable to his majesty's warrant, and derogatory to his honour. But the chief reason of the severity against him was thought to be the marquis of Buckingham's resentment against him, for having opposed, according to the duty of his office, some oppressive, if not illegal, patents, which the projectors of those times were busy in preparing. of the offence for if it be suffered, that the learned council shall practise the art of multiplication upon their warrants, the crown will be destroyed in small time. The great seal, the privy seal, signet, are solemn things; but they follow the king's hand. It is the bill drawn by the learned council and the docquet, that leads the king's hand. 2. Next I note the nature of the defence. As first, that it was error in judgment: for this surely, if the offence were small though clear, or great, but doubtful, I should hardly sentence it. For it is hard to draw a straight line by steadiness of hand; but it could not be the swerving of the hand. And herein I note the wisdom of the law of England, which termeth the highest contempts and excesses of authority, "misprisions;" which, if you take the sound and derivation of the words, is but "mistaken :" but if you take the use and acceptation of the word, it is high and hainous contempts and usurpations of authority; whereof the reason I take to be, and the name excellently imposed; for that main mistaking, it is ever joined with contempt; for he, that reveres, will not easily mistake; but he, that slights, and thinks more of the greatness of his place than of the duty of his place, will soon commit misprisions. Indorsed, Star-Chamber, October 24, 1620. Notes upon Mr. Attorney's cause. TO THE MARQUIS OF BUCKINGHAM. MY VERY GOOD LORD, IT may be, your lordship will expect to hear from me what passed yesterday in the Star-Chamber, touching Yelverton's cause, though we desired secretary Calvert to acquaint his majesty therewith. To make short, at the motion of the attorney, in person at the bar, and at the motion of my lord Steward* in court, the day of proceeding is deferred till the king's pleasure is known. This was against my opinion then declared plain enough; but put to votes, and ruled by the major part, though some concurred with me. I do not like of this course, in respect that it puts the king in a strait; for either the note of severity must rest upon his majesty, if he go on; or the thanks of clemency is in some part taken away, if his majesty go not on. " I have "cor unum et via una ;" and therefore did my part as a judge and the king's chancellor. What is farther to be done, I will advise the king faithfully, when I see his majesty and your lordship. But before I give advice, I must ask a question first. God ever preserve and prosper you. Your Lordship's most obliged friend and faithful servant, FR. VERULAM, Canc. October 28, 1620. *The duke of Lenox. LORD CHANCELLOR BACON TO THE MARQUIS OF BUCKINGHAM MY VERY GOOD LORD, YESTERNIGHT we made an end of Sir Henry Yelverton's cause. I have almost killed myself with sitting almost eight hours. But I was resolved to sit it through. He is sentenced to imprisonment in the Tower during the king's pleasure. The fine of 40001. and discharge of his place, by way of opinion of the court, referring it to the king's pleasure. How I stirred the court, I leave it to others to speak; but things passed to his majesty's great honour. I would not for any thing but he had made his defence; for many chief points of the charge were deeper printed by the defence. But yet I like it not in him; the less because he retained Holt, who is ever retained but to play the fool. God ever prosper you. Your Lordship's most obliged friend, 11, Nov. 1620. and faithful servant, TO THE KING. FR. VERULAM, Canc. IT MAY PLEASE YOUR EXCELLENT MAJESTY, IN performance of your royal pleasure, signified by Sir John Suckling*, we have at several times con He was afterwards comptroller of the household to king Charles I. and father of the poet of the same name. VOL VII. G G |