TO THE LORD CHANCELLOR.*

MY HONOURABle Lord,

I have been desired by some friends of mine, in the behalf of Sir Francis Englefyld, to recommend his cause so far unto your lordship, that a peremptory day being given by your lordship's order for the perfecting of his account, and for the assignment of the trust, your lordship would take such course therein, that the gentleman's estate may be redeemed from farther trouble, and secured from all danger, by engaging those, to whom the trust is now transferred by your lordship's order, to the performance of that, whereunto he was tied. And so not doubting but your lordship will do him what lawful favour you may herein, I rest Your lordship's faithful friend and servant, G. BUCKINGHAM.

Endorsed,

Received Oct. 14, 1618.

TO THE KING, CONCERNING THE FORM AND
MANNER OF PROCEEDING AGAINST SIR WAL-
TER RALEGH.†

MAY IT PLEASE YOUR MOST Excellent MAJESTY,
According to your commandment given unto us,
we have, upon divers meetings and conferences,
considered what form and manner of proceeding
against Sir Walter Ralegh might best stand with
your majesty's justice and honour, if you shall be
pleased, that the law shall pass upon him.

of quality be admitted to be present to hear the
whole proceeding, as in like cases hath been used
And after the assembly of all these, that some of
your majesty's counsellors of state, that are best
acquainted with the case, should openly declare,
that this form of proceeding against Sir Walter is
holden, for that he is civilly dead. After this
your majesty's council learned to charge his acts
of hostility, depredation, abuse as well of your
majesty's commission, as of your subjects under
his charge, impostures, attempt of escape, and
But for that, which
other his misdemeanors.
concerns the French, wherein he was rather pas-
sive than active, and without which the charge is
complete, we humbly refer to your majesty's con-
sideration, how far that shall be touched. After
which charge so given, the examinations read,
and Sir Walter heard, and some to be confronted
against him, if need be, then he is to be with-
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
these subsequent offences upon the whole matter,
your majesty, if you so please, may not with jus-
tice and honour give warrant for his execution upon
his attainder. And of this whole proceeding
we are of opinion, that a solemn act of council
should be made, with a memorial of the whole pre-
sence. But before this be done, that your majesty
may be pleased to signify your gracious direction
herein to your council of state; and that your coun-
cil learned, before the calling of Sir Walter, should
deliver the heads of the matter, together with the
principal examinations touching the same, where-
with Sir Walter is to be charged, unto them, that
they may be perfectly informed of the true state of
the case, and give their advice accordingly. All
which, nevertheless, we, in all humbleness, pre-
sent and submit to your princely wisdom and
judgment, and shall follow whatsoever it shall
please your majesty to direct us herein, with all
dutiful readiness.

Your majesty's most humble

and faithful servants, etc.

And, first, we are of opinion, that Sir Walter Ralegh being attainted of high treason, which is the highest and last work of law, he cannot be drawn in question judicially for any crime or offence since committed. And, therefore, we humbly present two forms of proceeding to your majesty; the one, that together with the warrant to the lieutenant of the Tower, if your majesty shall so please, for his execution, to publish a narrative in print, of his late crimes and offences: which, albeit your majesty is not bound to give an account of your actions in these cases to any 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 publicly known. The other form, whereunto, if your majesty so please, we rather incline, is, that where your majesty is so renowned for your justice, it may have such a proceeding, as is nearest to legal proceeding; which is, that he be called before the whole body of your council of state, and your principal judges, in your council chamber; and that some of the nobility and gentlemen

* Harl. MSS. vol. 7006.

+ He was beheaded October 29, 1618, the day of the inauguration of the Lord Mayor of London.

TO THE LORD CHANCELLOR."
MY HONOURABle Lord,

Whereas, there is a cause depending in the court of chancery between one Mr. Francis Foliambe and Francis Hornsby, the which already hath received a decree, and is now to have another hearing before yourself; I have thought fit to desire 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

* Harl. MSS. vol. 7006.

the pains in ending it yourself, or preferring it to
some other, whom your lordship shall think fit:
which I shall acknowledge as a courtesy from
your lordship; and ever rest

Your lordship's faithful friend and servant,
G. BUCKINGHAM.

Hinchinbroke, the 22d of October, 1618.

I

which I know not how to perform but this way,
desire your lordship, if there be any place left for
mitigation, your lordship would show him what
favour 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,
G. BUCKINGHAM.

Newmarket, the 2d December, 1618.

TO THE MARQUIS OF BUCKINGHAM.

MY VERY GOOD Lord,

We have put the Declaration* touching Raleigh to the press, with his majesty's additions, which were very material, and fit to proceed from his majesty.

For the prisoners, we have taken an account, given a charge, and put some particulars in examination for punishment and example.

For the pursuivants, we stayed a good while for Sir Edward Coke's health; but he being not yet come abroad, we have entered into it; and we find faults, and mean to select cases for example: but in this swarm of priests and recusants we are careful not to discourage in general. But the punishment of some that are notoriously corrupt, concerned not the good, and will keep in awe those that are but indifferent.

The balance of the king's estate is in hand, whereof I have great care, but no great help. 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.

November 22, 1618.

Endorsed,
Of council business.

NOTES OF A SPEECH OF THE LORD CHANCEL-
LOR 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 acquaintance.

But, as a judge, I hold the offence very great, which and that without pressing measure; upon I will only make a few observations, and so leave it.

1. First I observe the danger and consequence 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 docket, 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, 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 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 heinous 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

TO THE LORD CHANCELLOR.t

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,

* Declaration of the Demeanor and Carriage of Sir Walter Raleigh, Knight, as well in his Voyage, as in and since his Return, etc., printed at London, 1618, in quarto. + Harl. MSS. vol. 7006.

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, I which the projectors of those times were busy in preparing.

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

Endorsed.

Star Chamber, October 24, 1620. Notes upon Mr.
Attorney's cause.

God ever prosper

Your lordship's most obliged friend, and faithful servant,

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.

TO THE KING.

*

IT MAY PLEASE YOUR EXCELLENT MAJESTY :
In performance of your royal pleasure, signified
by Sir John Suckling, we have at several times
considered of the petition of Mr. Christopher
Villiers, and have heard, as well the registers
and ministers of the Prerogative Court of Can-
terbury, and their council, as also the council of
the Lord Archbishop of Canterbury. And setting
aside such other points, as are desired by the
petition, we do think, that your majesty may by
law, and without inconvenience, appoint an offi-
cer, that shall have the engrossing of the tran-
scripts of all wills to be sealed with the seal of
either of the prerogative courts, which shall be
proved "in communi forma ;" and likewise of all
inventories, to be exhibited in the same courts.

We see it necessary, that all wills, which are not judicially controverted, be engrossed before the probate. Yet, as the law now stands, no officer of those courts can lawfully take any fee or reward for engrossing the said wills and inventories, the statute of the 21st of King Henry the VIIIth restraining them. Wherefore we hold it much more convenient, that it should be done by a lawful officer, to be appointed by your majesty, than in a cause not warrantable by law. Yet, our humble opinion and advice is, that good consideration be had in passing this book, as well 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.

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 4000/. 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 re

The Duke of Lenox.

But, however, we conceive this may be convenient in the two courts of prerogative, where there is much business: yet, in the ordinary course of the bishops' diocesans, we hold the same will be inconvenient, in regard of the small employ

NOTES UPON LORD LATIMER'S CASE.

50 Edw. 3. His offences were very high and

Doubtless, my lord, this interprets that of the manuscript story

the Lord Viscount St. Alban.

"The case of the judgment in parliament, upon a writ of error put by Just. Hu.*

heinous, drawing upon high treason: as the ex- On the back of this letter are the following notes by tortious taking of victuals in Bretagne, to a great value, without paying any thing; and for ransoming divers parishes there to the sum of 83,000%. contrary to the articles of truce proclaimed by the king; for suffering his deputies and lieutenants in Bretagne to exact, upon the towns and countries there, divers sums of money, to the sum of 150,000 crowns; for sharing with Richard Lyons in his deceit of the king; for enlarging, by his own authority, divers felons; and divers

other exorbitant offences.

Notwithstanding all this, his judgment was only to be committed to the Marshalsea, and to make fine and ransom at the king's will.

But after, at the suit of the Commons, in regard of those horrible and treasonable offences, he was displaced from his office, and disabled to be of the king's council; but his honours not touched, and

"The case of no judgment entered into the court

of augmentations, or survey of first-fruits; which are dissolved, where there may be an entry after, out of a paper-book.

"Mem. All the acts of my proceedings were after the royal assent to the subsidy."

QUESTIONS DEMANDED OF THE CHIEF JUSTICE
OF THE KING'S BENCH BY HIS MAJESTY'S
COMMANDMENT.

1. In the case of the isle of Ely, whether his

he was presently bailed by some of the lords, lordship thinks that resolution there spoken of to and suffered to go at large.

JOHN LORD NEVILLE'S CASE.

50 Edw. 3. His offences were, the not supply ing the full number of the soldiers in Bretagne, according to the allowance of the king's pay. And the second was for buying certain debts, due from the king, to his own lucre, and giving the parties small recompense, and specially in a case of the Lady Ravensholme.

be law; That a general taxation upon a town, to pay so much towards the repair of the sea-banks, is not warranted to be done by the commissioners of sewers; but that the same must be upon every particular person, according to the quantity of and according to the portion of the profit, which his land, and by number of acres and perches;

every one hath there.

2. In Darcy's case, whether his lordship's judgment be as he reporteth it to be resolved; that the dispensation or license of Queen Elizabeth to Darcy to have the sole importation of cards, notwithstanding the statute, 3 E. 4, is against law.

passage, Some courts cannot imprison, fine, or 3. In Godfrey's case, what he means by this

And it was prayed by the Commons, that he might be put out of office about the king: but there was no judgment given upon that prayer, but only of restitution to the lady, and a general clause of being punished according to his de-amerce, as ecclesiastical courts before the ordi

merits.

MY LORD,

If your lordship have done with that "Mascardus de Interpretatione Statutorum,"* I shall be glad, that you would give order that I might use it. And for that of 12 Hen. 7, touching the grand council in the manuscript, I have since seen a privy seal of the time of Henry 7, (without a year,) directed to borrow for the king; and in it there is a recital of a grand council, which thought, that such a sum was fit to be levied; whereof the lords gave 40,000%., and the rest was to be gotten by privy seal upon loan.

Alderani Mascardi communes conclusiones utriusque juris ad generalem statutorum interpretationem accommodata: printed at Ferrara, 1608.

nary archdeacon, etc., or other commissioners, and such like, which proceed according to the canon or civil law.

4. In Dr. Bonham's case, what he means by this passage, That in many cases the common law shall control acts of parliament, and sometimes shall judge them to be merely void: For where an act of parliament is against common right and reason, the law shall control it, and adjudge it void.

5. In Bagges's case, to explain himself where he saith, That to the court of king's bench belongs authority, not only to correct errors in judicial proceedings, but other errors and misdemeanors extra-judicial, tending to the breach of peace, oppression of subjects, or to the raising of faction, controversies, debate, or to any manner of misgovernment. So no wrong or injury can be done,

• Hutton.