Billeder på siden
[ocr errors]

ton,* plaintiff, and Sir John Gawen, defendant, thereof will permit. And I shall receive it at which is shortly to come to a hearing; and having your lordship's hands as a particular favour. been likewise informed, that Sir Rowland Cotton So I take my leave of your lordship, and rest hath undertaken it in the behalf of certain poor Your lordship's faithful friend and servant, people; which charitable endeavour of his, I

G. BUCKINGHAM. assure myself, will find so good acceptation with Greenwich, June 12, 1618. your lordship, that there shall be no other use of recommendation; yet, at the earnest request of some friends of mine, I have thought fit to write to your lordship in his behalf, desiring you to

TO THE LORD CHANCELLOR.* show him what favour you lawfully may, and MY HONOURABLE LORD, the cause may bear, in the speedy despatch of his

Understanding, that the cause depending in the business ; which I shall be ever ready to acknow- chancery between the Lady Vernon and the offiledge, and rest

cers of his majesty's household is now ready for Your lordship's most devoted to serve you, decree; though I doubt not, but, as his majesty

G. BUCKINGHAM. hath been satisfied of the equity of the cause on Whitehall, April 20, 1618.

his officers' behalf, who have undergone the business, by his majesty's command, your lordship will also find their cause worthy of your favour: yet, I have thought fit once again to recommend

it to your lordship, desiring you to give them a TO THE LORD CHANCELLOR.

speedy end of it, that both his majesty may be MY HONOURABLE GOOD LORD,

freed from farther importunity, and they from the Whereas, in Mr. Hansbye's cause,£ which

charge and trouble of following it: which I will formerly, by my means, both his majesty and

be ever ready to acknowledge as a favour done myself recommended to your lord ship's favour,

unto myself, and always rest your lordship thought good, upon a hearing there

Your lordship's faithful friend and servant,

G. BUCKINGHAM. of, to decree some part for the young gentleman, Greenwich, June 15, 1618. and to refer to some masters of the chancery, for your farther satisfaction, the examination of witnesses to this point; which seemed to your lordship to be the main thing your lordship doubted

TO THE LORD CHANCELLOR. of, whether or no the leases, conveyed by old Hansbye to young Hansbye by deed, were to be My HONOURABLE LORD, liable to the legacies, which he gave by will; and I wrote unto your lordship lately in the behalf that now I am credibly informed, that it will of Sir Rowland Cotton, that then had a suit in appear upon their report, and by the depositions of dependence before your lordship and the rest of witnesses, without all exception, that the said my lords in the Star Chamber. The cause, I leases are no way liable to those legacies; these understand, hath gone contrary to his expectation; shall be earnestly to entreat your lordship, that yet, he acknowledges himself much bound to your upon consideration of the report of the masters, lordship for the noble and patient hearing he did and depositions of the witnesses, you will, for then receive; and he rests satisfied, and I much my sake, show as much favour and expedition to beholden to your lordship, for any favour it pleased young Mr. Hansbye in this cause, as the justness your lordship to afford him for my cause. It now

rests only in your lordship's power for the as* A gentleman eminent for his learning, especially in the sessing of costs; which, because, I am certainly Hebrew language, in which he had been instructed by the informed, Sir Rowland Cotton had just cause of famous Hugh Broughton, who died in 1612. He was son of Mr. William Cotton, citizen and draper of London, and had

complaint, I hope your lordship will not give any an estate at Bellaport in Shropshire, where he resided, till against him. And I do the rather move your he came to live at London at the request of Sir Allen Cotton, lordship to respect him in it, because it concerns his father's younger brother, who was lord mayor of that him in his reputation, which I know he tenders, city in 1625. Sir Rowland was the first patron of the learned Dr. Lightfoot, and encouraged him in the prosecution of his and not the money which might be imposed upon studies of the Hebrew language and antiquities

him; which can be but a trifle. Thus presuming Harl. MSS. vol. 7006.

This seems to be one of the causes, on account of which of your lordship’s favour herein, which I shall be Lord Bacon was afterwards accused by the House of Com- ready ever to account to your lordship for, I rest mons; in answer to whose charge lie admits, that in the Your lordship's most devoted to serve you, cause of Sir Ralph Hansbye there being two decrees, one for

G. BUCKINGHAM. the inheritance, and the other for goods and chattels; some time after the first decree, and before the second, there was

June 19, 1618. 5001. delivered to himn by Mr. Tobie Matthew; nor could his lordship deny, that this was upon the matter "pendente lite."

# Ibid.

• Harl. MSS. vol. 7006.


of quality be admitted to be present to hear the MY HONOURABLE LORD,

whole proceeding, as in like cases hath been used I have been desired by soine friends of mine, in And after the assembly of all these, that some of the behalf of Sir Francis Englefyld, to recom- your majesty's counsellors of state, that are best mend his cause so far unto your lordship, that a acquainted with the case, should openly declare, peremptory day being given by your lordship’s that this form of proceeding against Sir Walter is order for the perfecting of his account, and for the holden, for that he is civilly dead. After this assignment of the trust, your lordship would take your majesty's council learned to charge his acts such course therein, that the gentleman's estate of hostility, depredation, abuse as well of your may be redeemed from farther trouble, and secured majesty's commission, as of your subjects under from all danger, by engaging those, to whom the his charge, impostures, attempt of escape, and trust is now transferred by your lordship's order, other his misdemeanors. But for that, which to the performance of that, whereunto he was tied. concerns the French, wherein he was rather pasAnd so not doubting but your lordship will do him sive than active, and without which the charge is what lawful favour you may herein, I rest complete, we humbly refer to your majesty's conYour lordship’s faithful friend and servant, sideration, how far that shall be touched. After

G. BUCKINGHAM. which charge so given, the examinations read,

and Sir Walter heard, and some to be confronted Endorsed,

against him, if need be, then he is to be withReceived Oct. 14, 1618.

drawn and sent back; for that no sentence is, or can be, given against him. And after he is gone, then the lords of the council and judges to give

their advice to your majesty, whether in respect of TO THE KING, CONCERNING THE FORM AND

these subsequent offences upon the whole matter, MANNER OF PROCEEDING AGAINST SIR WAL

your majesty, if you so please, may not with jusTER RALEGH.

tice and honour give warrant for his execution upon MAY IT PLEASE YOUR MOST EXCELLENT MAJESTY, his attainder. And of this whole proceeding

According to your commandment given unto us, we are of opinion, that a solemn act of council we have, upon divers meetings and conferences, should be made, with a memorial of the whole preconsidered what form and manner of proceeding sence. But before this be done, that your majesty against Sir Walter Ralegh might best stand with may be pleased to signify your gracious direction your majesty's justice and honour, if you shall be herein to your council of state; and that your counpleased, that the law shall pass upon him. cil learned, before the calling of Sir Walter, should

And, first, we are of opinion, that Sir Walter deliver the heads of the matter, together with the Ralegh being attainted of high treason, which is principal examinations touching the same, wherethe highest and last work of law, he cannot be with Sir Walter is to be charged, unto them, that drawn in question judicially for any crime or they may be perfectly informed of the true state of offence since committed.

And, therefore, we the case, and give their advice accordingly. All humbly present two forms of proceeding to your which, nevertheless, we, in all humbleness, premajesty; the one, that together with the warrant sent and submit to your princely wisdom and to the lieutenant of the Tower, if your majesty judgment, and shall follow whatsoever it shall shall so please, for his execution, to publish a please your majesty to direct us herein, with all narrative in print, of his late crimes and offences : dutiful readiness. which, albeit your majesty is not bound to give Your majesty's most humble an account of your actions in these cases to any

and faithful servants, etc. but only to God alone, we humbly offer to your York Ilouse, this 18th of October, 1618. majesty's consideration, as well in respect of the great effluxion of time since his attainder, and of his employment by your majesty's commission, as for that his late crimes and offences are not yet

TO THE LORD CHANCELLOR. * publicly known. The other form, whereunto, if

MY HONOURABLE LORD, your majesty so please, we rather incline, is, that

Whereas, there is a cause depending in the court where your majesty is so renowned for your jus- of chancery between one Mr. Francis Foliambe tice, it may have such a proceeding, as is nearest and Francis Hornsby, the which already hath reto legal proceeding; which is, that he be called ceived a decree, and is now to have another hearbefore the whole body of your council of state, ing before yourself; I have thought fit to desire and your principal judges, in your council chamber; and that some of the nobility and gentlemen you to show so much favour therein, seeing it

concerns the gentleman's whole estate, as to make

a full arbitration and final end, either by taking + Ile was beheaded October 29, 1618, the day of the inauguration of the Lord Mayor of London.

* Harl. M88, vol. 7006.

* Harl. M88. vol. 7006.

[ocr errors]

the pains in ending it yourself, or preferring it to which I know not how to perform but this way, I some other, whom your lordship shall think fit: desire your lordship, if there be any place left for which I shall acknowledge as a courtesy from mitigation, your lordship would show him what your lordship; and ever rest

favour you may, for my sake, in his desires, which Your lordship's faithful friend and servant, I shall be ready to acknowledge as a great courtesy

G. BUCKINGHAM. done unto myself; and will ever rest Hinchinbroke, the 22d of October, 1616.

Your lordship's faithful friend and servant,

G. BUCKINGHAM. Newmarket, the 20 December, 1618.




We have put the Declaration* touching Ra- NOTES OF A SPEECH OF THE LORD CHANCELleigh to the press, with his majesty's additions,

LOR IN THE STAR CHAMBER, IN THE CAUSE which were very material, and fit to proceed from


GENERAL.* his majesty.

For the prisoners, we have taken an account, Sorry for the person, being a gentleman that I given a charge, and put some particulars in exa- lived with in Gray's Inn; served with him when mination for punishment and example.

I was attorney ; joined with him in many services, For the pursuivants, we stayed a good while and one that ever gave me more attributes in for Sir Edward Coke's health ; but he being not public, than I deserved ; and, besides, a man of yet come abroad, we have entered into it; and we very good parts, which with me is friendship at find faults, and mean to select cases for example: first sight; much more, joined with so ancient an but in this swarm of priests and recusants we are acquaintance. careful not to discourage in general. But the But, as a judge, I hold the offence very great, punishment of some that are notoriously corrupt, and that without pressing measure; upon which concerned not the good, and will keep in awe I will only make a few observations, and so those that are but indifferent.

leave it. The balance of the king's estate is in hand, 1. First I observe the danger and consequence whereof I have great care, but no great help. of the offence: for if it be suffered, that the learned

The sub-committees for the several branches of council shall practise the art of multiplication treasure are well chosen and charged.

upon their warrants, the crown will be destroyed This matter of the king's estate for means is in small time. The great seal, the privy seal, like a quarry, which digs and works hard ; but signet, are solemn things; but they follow the then, when I consider it buildeth, I think no pains king's hand. It is the bill drawn by the learned too much; and after term it shall be my chief council and the docket, that leads the king's

hand. For the mint, by my next I will give account; 2. Next I note the nature of the defence. As, for our day is Wednesday.

first, that it was error in judgment: for this surely, God ever preserve and prosper you.

if the offence were small though clear, or great, Your lordship's

but doubtful, I should hardly sentence it. For it

FR. VERULAM, Canc. is hard to draw a straight line by steadiness of November 22, 1618.

hand; but it could not be the swerving of the Endorsed,

hand. And herein I note the wisdom of the law Of council business.

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 TO THE LORD CHANCELLOR.I

acceptation of the word, it is high and heinous

contempts and usurpations of authority; whereof MY HONOURABLE LORD,

the reason I take to be, and the name excellently I having understood by Dr. Steward, that your imposed; for that main mistaking, it is ever joined lordship hath made a decree against him in the with contempt; for he that reveres, will not chancery, which he thinks very hard for him to easily mistake; but he that slights, and thinks perform; although I know it is unusual to your lordship to make any alterations, when things are

* He was prosecuted in the Star Chamber, for having

passed certain clauses in a charter, lately granted to the city so far past; yet, in regard I owe him a good turn, of London, not agreeable to his majesty's warrant, and dero

gatory to his honou But the chief reason of the severity * Declaration of the Demeanor and Carriage of Sir Walter against him was thought to be the Marquis of Buckingham's Raleigh, Knight, as well in his Voyage, as in and since his Re- resentment against him, for having opposed, according to the turn, elc., printed at London, 1618, in quarto.

duty of his office, some oppressive, if not illegal, patents, + Harl. MSS. vol. 7006.

which the projectors of those times were busy in preparing. * He was afterwards comptroller of the household to King chief points of the charge were deeper printed by + Youngest brother to the Marquis of Buckingham. the defence. But yet I like it not in him; the was created, April 23, 1623, Baron of Daventry less because he retained Holt, who is ever re- Anglesey. He died September 24, 1624.


more of the greatness of his place than of the tained but to play the fool. God ever prosper duty of his place, will soon commit misprisions. you.

Your lordship's most obliged friend,

and faithful servant, Star Chamber, October 24, 1620. Notes upon Mr.

FR. VERULAM, Canc. Allorney's cause.


11 Nov. 1620.


IT MAY PLEĄSE YOUR EXCELLENT MAJESTY : It may be, your lordship will expect to hear

In performance of your royal pleasure, signified from me what passed yesterday in the Star by Sir John Suckling, * we have at several times Chamber, touching Yelverton's cause, though we considered of the petition of Mr. Christopher desired Secretary Calvert to acquaint his majesty Villiers, † and have heard, as well the registers therewith.

and ministers of the Prerogative Court of CanTo make short, at the motion of the attorney, in terbury, and their council, as also the council of person at the bar, and at the motion of my lord the Lord Archbishop of Canterbury. And setting steward* in court, the day of proceeding is deferred aside such other points, as are desired by the till the king's pleasure is known. This was against petition, we do think, that your majesty may by my opinion then declared plain enough ; but put to law, and without inconvenience, appoint an offivotes, and ruled by the major part, though some cer, that shall have the engrossing of the tranconcurred with me.

scripts of all wills to be sealed with the seal of I do not like of this course, in respect that it either of the prerogative courts, which shall be puts the king in a strait; for either the note of proved “in communi forma ;' and likewise of all severity must rest upon his majesty, if he go on; inventories, to be exhibited in the same courts. or the thanks of clemency is in some part taken

We see it necessary, that all wills, which are away, if his majesty go not on.

not judicially controverted, be engrossed before I have · cor unum et via una;" and therefore the probate. Yet, as the law now stands, no did my part as a judge and the king's chancellor. officer of those courts can lawfully take any fee What is farther to be done, I will advise the king or reward for engrossing the said wills and invenfaithfully, when I see his majesty and your lord- tories, the statute of the 21st of King Henry the ship. But before I give advice, I must ask a VIIIth restraining them. Wherefore we hold it question first.

much more convenient, that it should be done by God ever preserve and prosper you.

a lawful officer, to be appointed by your majesty, Your lordship's most obliged friend

than in a cause not warrantable by law. Yet, our and faithful servant,

humble opinion and advice is, that good consi

Fr. Verulam, Canc. deration be had in passing this book, as well October 28, 1620.

touching a moderate proportion of fees to be allowed for the pains and travel of the officer, as for the expedition of the suitor, in such sort, that

the subject may find himself in better case than LORD CHANCELLOR BACON TO THE MARQUIS he is now, and not in worse. OF BUCKINGHAM.

But, however, we conceive this may be conve

nient in the two courts of prerogative, where My very good Lord, Yesternight we made an end of Sir Henry of the bishops' diocesans, we hold the same will

there is much business: yet, in the ordinary course Yelverton's cause. I have almost killed myself with sitting almost eight hours. But I was

be inconvenient, in regard of the small employresolved to sit it through. He is sentenced to imprisonment in the Tower during the king's

Your majesty's most faithful

and obedient servants, pleasure. The fine of 40001. and discharge of his place, by way of opinion of the court, referring it


Robert NAUNTON. to the king's pleasure. How I stirred the court, I leave it to others to speak; but things passed

Henry Montagu.

November 15, 1602. to his majesty's great honour. I would not for any thing but he had made his defence; for many Charles I., and father of the poet of the same name.


| Lord chief justice of the king's bench, who, on the 3d

of December following, was advanced to the post of lord high • The Duke of Lenox.

He Earl of



According to your commandment, we have

24 Edw. 3. His offence was taking of money heard once more the proctors of the Prerogative from five several persons, that were felons, for Court, what they could say; and find no reason staying their process of exigent; for that it made to alter, in any part, our former certificate. Thus him a kind of accessary of felony, and touched much withal we think fit to note to your majesty, upon matter capital. that our former certificate, which we now ratify,

The judgment was the judgment of felony: is principally grounded upon a point in law, upon

but the proceeding had many things strong and the statute of 21 Henry VIII., wherein we, the new; first, the proceeding was by commission chancellor and treasurer, for our own opinions, do of oyer and terminer, and by jury; and not by conceive the law is clear; and your solicitor-ge

parliament. neral* concurs.

The judgment is recited to be given in the Now, whether your majesty will be pleased to king's high and sovereign power. rest in our opinions, and so to pass the patents ;

It is recited likewise, that the king, when he or give us leave to assist ourselves with the made him chief justice, and increased his wages, opinion of some principal judges now in town,

did “ore tenus” say to him, in the presence of whereby the law may be the better resolved, to

his council, that now if he bribed he would hang avoid farther question hereafter; we leave it to him: unto which penance, for so the record called your majesty's royal pleasure. This we repre

it, he submitted himself. So it was a judgment sent the rather, because we discern such a confi- by a contract. dence in the proctors, and those upon

whom they

His oath likewise, which was devised some depend, as, it is not unlike, they will bring it to few years before, which is very strict in words, a legal question.

that he shall take no reward, neither before nor And so we humbly kiss your majesty's hands, after

, is chiefly insisted upon. And that, which fraying for your preservation.

is more to be observed, there is a precise proviso, Your majesty's most humble

that the judgment and proceeding shall not be and obedient servants,

drawn into example against any, and specially Fr. VERULAM, Canc.

not against any who have not taken the like oath : HENRY Montagu,

which the lord chancellor, lord treasurer, master ROBERT NAUNTON.

of the wards, etc., take not, but only the judges York House, December 12, 1620.

of both benches, and baron of the exchequer.

The king pardoned him presently after, doubting, as it seems, that the judgment was erroneous,

both in matter and form of proceeding; brought *NOTES UPON MICHAEL DE LA POLE'S CASE.t it before the lords of parliament, who affirmed the 10 Rich 2. The offences were of three natures: like cases, for the time to come, to call to

judgment, and gave authority to the king in the 1. Deceits to the king.

him what lords it pleased him, and to adjudge 2. Misgovernance in point of estate, whereby them. the ordinances made by ten commissioners for reformation of the state were frustrated, and the city of Ghent, in foreign parts, lost.

3. And his setting the seal to pardons for murders, and other enormous crimes.

NOTES UPON SIR JOHN LEE'S CASE, STEWARD The judgment was imprisonment, fine, and

OF THE KING'S HOUSEHOLD. ransom, and restitution to the king, but no disablement, nor making him uncapable, no degrading 44 Edw. 3. His offences were, great oppresin honour, mentioned in the judgment: but, con- sions in usurpation of authority, in attacking and trariwise, in the clause, that restitution should be imprisoning in the Tower, and other prisons, made and levied out of his lands and goods, it is numbers of the king's subjects, for causes no expressly said, that because his honour of earl ways appertaining to his jurisdiction; and for was not taken from him, therefore his 20l. per discharging an appellant of felony without annum creation money,should not be meddled with. warrant, and for deceit of the king, and ex* Sir Thomas Coventry, who was made attorney-general,

tortions. January 14, 1620-1.

His judgment was only imprisonment in the + This paper was probably drawn up on occasion of the Tower, until he had made a fine and ransom at proceedings and judginent passed upon

the Lord Viscount St. the king's will; and no more. Alban by the House of Lords, May 3, 1621.

« ForrigeFortsæt »